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AGENDA FOR ORDINARY MEETING OF COUNCIL Wednesday 21 July 2021 Council Chambers Lot 66 Railway Street Trayning WA 6488 Commencement: 4:00pm Forum Meeting – 3:00pm Ordinary Meeting – 4:00pm

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Page 1: AGENDA FOR ORDINARY MEETING OF COUNCIL Council …

AGENDA FOR

ORDINARY MEETING OF COUNCIL Wednesday 21 July 2021

Council Chambers Lot 66 Railway Street

Trayning WA 6488

Commencement: 4:00pm

Forum Meeting – 3:00pm Ordinary Meeting – 4:00pm

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 2 MOCS.BMT-16/07/2021

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Trayning for any act, omission or statement or intimation occurring during Council or committee meetings. The Shire of Trayning disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or committee meeting does so at that person’s or legal entity’s own risk. In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by any member or officer of the Shire of Trayning during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of Trayning. The Shire of Trayning warns that anyone who has any application lodged with the Shire of Trayning must obtain and should only rely on WRITTEN CONFIRMATION of the outcome of the application, and any conditions attaching to the decision made by the Shire of Trayning in respect of the application. Signed

Leanne Parola Chief Executive Officer

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 3 MOCS.BMT-16/07/2021

AGENDA

Ordinary Meeting of the Trayning Shire Council,

Held in the Council Chambers, Lot 66 Railway Street, Trayning, on Wednesday 21 July 2021, commencing at 4:00pm.

CONTENTS

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ..................... 4 2 ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE ...................... 4 3 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE ........................ 4 4 PUBLIC QUESTION TIME .................................................................................. 5 5 APPLICATIONS FOR, AND PREVIOUSLY APPROVED, LEAVE OF ABSENCE

AND DISCLOSURES OF INTEREST .................................................................. 5 5.1 Applications Previously Approved .............................................................. 5 5.2 Leave of Absence ....................................................................................... 5 5.3 Disclosure of Interest .................................................................................. 5

6 PETITIONS/DEPUTATIONS/PRESENTATIONS ................................................ 5 6.1 Petitions ..................................................................................................... 5 6.2 Deputations ................................................................................................ 5 6.3 Presentations ............................................................................................. 5

7 CONFIRMATION OF MINUTES .......................................................................... 5 7.1 Ordinary Meeting of Council ....................................................................... 5

8 ANNOUNCEMENT BY PRESIDING MEMBER WITHOUT DISCUSSIONS......... 5 9 REPORTS OF OFFICERS ................................................................................... 5

9.1 REGULATORY SERVICES ........................................................................... 5 9.1.1 Planning Application Approval – DFES Shed Sutherland Street ........ 6 9.1.2 Planning Application Approval – L Marchant Couper/Walker Street . 13

9.2 FINANCIAL SERVICES .............................................................................. 19 9.2.1 Monthly Financial Report for June 2021 .......................................... 19 9.2.2 Monthly Payment List June 2021 ..................................................... 22

9.3 CHIEF EXECUTIVE OFFICER .................................................................... 23 9.3.1 License to use and occupy Corridor Land - Yelbeni ......................... 23 9.3.2 Overdue Rates and Charges ........................................................... 25 9.3.3 Waste and Recycling Collection Service .......................................... 27 9.3.4 Adoption of the 2021-22 Budget ...................................................... 30

10 NEW BUSINESS OF AN URGENT NATURE BY DECISION OF MEETING ...... 35 11 MATTERS FOR WHICH THE MEETING MAY BE CLOSED .............................. 35

11.1. NEWROC – Costs of Legal Proceedings ......................................... 35 12 CLOSURE .......................................................................................................... 35

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1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 2 ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE

MEMBERS: Cr Melanie Brown (Shire President) Cr Geoff Waters (Deputy Shire President) Cr Michelle McHugh Cr Freda Tarr Cr Jim Wilkins Cr Clayton Marchant STAFF: Mrs Leanne Parola (Chief Executive Officer) Mr Stephen Thomson (Works Supervisor) Miss Belinda Taylor (Manager of Corporate Services) APOLOGIES: ON APPROVED LEAVE(S) OF ABSENCE: ABSENT: VISITORS:

3 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE

The following question was taken on notice at the June meeting from Ms Cook during public question time.

Question

The Shire said you have recently written to all landholders with illegal moveable

buildings however, I never received a letter?

Response by the CEO Staff had been advised by the Shire’s consultant Environmental Health Officer that letters had been sent to all residential properties owners within the townsites with sea containers. This information was incorrect, I have since been advised that Mr Toboss visited properties and spoke to owners, including yourself, instead of sending formal written correspondence.

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 5 MOCS.BMT-16/07/2021

Staff will soon commence public consultation the regarding Local Planning Scheme Policy that relates to moveable buildings, including sea containers, before preparing a report to Council in this regard.

4 PUBLIC QUESTION TIME

5 APPLICATIONS FOR, AND PREVIOUSLY APPROVED, LEAVE OF ABSENCE AND DISCLOSURES OF INTEREST

5.1 Applications Previously Approved

5.2 Leave of Absence

5.3 Disclosure of Interest

6 PETITIONS/DEPUTATIONS/PRESENTATIONS

6.1 Petitions

6.2 Deputations

6.3 Presentations 7 CONFIRMATION OF MINUTES

7.1 Ordinary Meeting of Council

Officer Recommendation

That the minutes of the Ordinary Meeting of Council held on 16 June 2021 be confirmed as a true and correct record of the proceedings.

8 ANNOUNCEMENT BY PRESIDING MEMBER WITHOUT DISCUSSIONS 9 REPORTS OF OFFICERS

9.1 REGULATORY SERVICES

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 6 MOCS.BMT-16/07/2021

9.1.1 Planning Application Approval – DFES Shed Sutherland Street Date of Report: 16 July 2021 Proponent: Leanne Parola – Chief Executive Officer File Ref: Officer

Property Peter Toboss - EHO

Senior Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: 9.1.1 DFES Application for Planning Approval Voting Requirements: Simple Majority

Purpose of Report For Council to determine an application for Development Approval (DA) for a new fire and emergency facility on Lot 172 Sutherland Street, Trayning. The DA shows a single storey structure with 4 appliance bays and office facilities. The DA has been lodged by the CEO. Background The property is a Crown Reserve (17909) and is 10.7850 hectares in area. Figure 1 shows the location of the subject land in relation to the Trayning townsite, and the fact that the subject Reserve also faces Sutherland Street and Kellerberrin-Bencubbin Road.

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 7 MOCS.BMT-16/07/2021

The ‘Current Purpose’ of Reserve 17909 is ‘Water Supply and Emergency Services’. The Shire of Trayning has the Management Order ‘with power to lease for any term not exceeding 21 years, subject to the consent of the Minister for Lands’. Figure 2 below shows an aerial photograph of the area surrounding the subject land with the proposed layout of the fire station superimposed. The area of the proposed works covers approximately 8,600m2 and appears to avoid any existing uses. The proposed development area faces the CBH facility on the south side of Sutherland Street. The aerial photographs indicate that this Reserve is currently used for the town dams (water supply) and a small portion for the town’s golf course. The abutting Lot 173 on Sutherland Street, to the west of Lot 172, is also a Crown Reserve (40117) for a ‘Caravan Park’. The Shire of Trayning also has the Management Order ‘with power to lease for any term not exceeding 21 years, subject to the consent of the Minister for Lands’.

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Figure 3 shows a copy the proposed south elevation (to Sutherland Street) from the application sketch (slightly enhanced to show the proposed roofline).

shows the site layout as contained in the DA.

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There are no specific Scheme requirements for a fire station, however the design will need to be ‘fit-for-purpose’ as it will serve a vital community safety function. Landscaping should be to the Council’s satisfaction and may include some retention of boundary vegetation abutting the caravan park site and streetscape planting. Figure 6 shows that the land is not within the Bushfire Prone mapping area and consequently does not require the preparation of a Bushfire Management plan.

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Other building requirements including effluent and storm water drainage will be dealt with as part of the Building Permit process. An advice note addresses this issue. Comment The proposed use is an important community asset that the Council is keen to promote and support. The impact on the streetscape is not considered to be a major planning issue as it faces the CBH facility. Access to the townsite and major arteries is convenient and efficient for emergency vehicles. Given the transient nature of the adjacent caravan park users, it is unlikely that the proposed use will impact the continued use of the site. Consultation Nil Policy Implications Nil Financial Implications Nil Strategic Implications The Council has prepared a local Planning Strategy in 2012. The Strategy is now outdated as it designates the subject land as a future recreational use. It is apparent that the Crown Reserve use was modified in 2019 to provide for this development. Environmental Implications Nil Social Implications Nil Officer’s Recommendation That the DA be approved subject to the following conditions and advice notes. Landscaping to the satisfaction of the local government. Crossovers to Sutherland Street to be designed and constructed to the satisfaction of the local government.

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 12 MOCS.BMT-16/07/2021

Advice Notes If the development, the subject of this approval, is not substantially commenced within a period of 24 months from the date of the approval, the approval will lapse and be of no further effect. For the purposes of this condition, the term “substantially commenced” has the meaning given to it in the Planning and Development (Local Planning Schemes) Regulations 2015 as amended from time to time. Prior to lodging an application for a building permit, stormwater and effluent disposal plans, details and calculations must be submitted for approval by the Local Government and thereafter implemented, constructed and maintained to the satisfaction of the Local Government. If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

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9.1.2 Planning Application Approval – L Marchant Couper/Walker Street Date of Report: 16 July 2021 Proponent: Larry Marchant File Ref: Officer

Property Peter Toboss - EHO

Senior Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: 9.1.2 L Marchant Application for Planning

Approval Voting Requirements: Simple Majority

Purpose of Report For Council to determine an application for Development Approval (DA) for a new 18m x 30m drive-through shed on Lot 157 corner of Couper and Walker Streets, Trayning. Background The property is owned by the applicant. Lot 157 is about 8,078m2 with an 80-metre frontage to Couper Street and 100-metre frontage to Walker Street. Figure 1 shows the location of the subject land in relation to the Trayning townsite.

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The application provides a DA form (without title details), a part copy of the Certificate of Title, a hand-drawn site plan and comprehensive drawings of the proposed structure. These drawings indicate that the gabled ends have no cladding (hence the ‘drive-through’ reference). The sides of the shed appear to be clad, however the materials or colour have not been detailed. Figure 2 below shows an aerial photograph of the area surrounding the subject land demonstrating that the land already has what looks like a house in the north-west corner - although this is not shown on the site plan.

The new shed is proposed to be located 1.5 m from the eastern boundary with a 6m setback from Couper Street. Figure 3 shows a copy of the application sketch. As mentioned, there is no indication of the other development on the site.

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Officer’s Comment The subject land is zoned ‘Light Industry’ in the Council’s Scheme (Shire of Trayning Local Planning Scheme No 1). Figure 5 provides an extract from the Scheme mapping. As can be seen from Figure 5, the land to the west of the light industrial land is zoned ‘Rural residential’. The proposed shed is located as far away from these lots as possible. As the land is zoned Light industry the permissible uses for the subject land are restricted to activities that have minimal impact by way of noise, odour, vibration, dust etc. The application requests approval for the development without providing any information about the proposed land use. The potential impact of reflection from the sides of the proposed shed could be minimised using materials that reduce the potential to reflect sunlight onto the residences on the ‘Rural residential’ lots to the west. The Scheme requires the proposed shed to be located 7.5 metres from Couper Street. Setbacks in Table 2 – Development Table are 7.5m to the front and rear of the property with the side setback to be determined by the Council. The side setback should be determined by the building codes rather than planning criteria as the side boundary abuts another light industry lot.

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 16 MOCS.BMT-16/07/2021

The land is included in the Bushfire Prone Mapping area and would be required to have a BAL (Bushfire Attack Level) assessment however, as this proposal is presumed to not be a sensitive or habitable use, a BAL may not be required. Figure 4 shows the extent of the Bushfire Prone Mapping.

Other building requirements including storm water drainage will be dealt with as part of the Building Permit process. An advice note addresses this issue. Statutory Environment The Scheme was gazetted on 25 June 2013 and has been the subject of two amendments – both relating to rezoning. The subject land is zoned ‘Light Industry’ in the Council’s Scheme. Figure 5 provides an extract from the Scheme mapping. As can be seen from this figure the land to the north and east is also zoned ‘Light industry’, however the land to the west of the subject land is zoned ‘Rural residential’. These lots permit the use for single houses.

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The Scheme objectives for land in the Light Industry zoned areas include the following. The objectives are; To provide for service industries and light industries that will not have a detrimental effect on nearby residential or other sensitive uses. To provide for a range of employment opportunities. To preclude the storage of bulky and unsightly goods where they may be in public view. To ensure the appropriate use of setback areas and the provision of landscaping to the Council’s satisfaction. Table 2 – Development Table of the Scheme also requires light industry uses; are to be set back 7.5m from the front and rear boundaries. Side setback as determined by the Council. Minimum landscaped area to be 10%. Consultation Nil Policy Implications Nil

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Financial Implications Nil Strategic Implications The Council has prepared a local Planning Strategy in 2012 that earmarks the subject land for light industrial purposes. The proposal is consistent with the objectives of the strategy. Environmental Implications Nil Social Implications Nil Officer’s Recommendation That the DA be approved subject to the following conditions and advice notes. The proposed shed being setback at least 7.5 metres from Couper Street. Side setbacks to comply with Building Code of Australia standards. Landscaping to the satisfaction of the local government. Cladding materials facing westwards to be of a non-reflective colour or style to the satisfaction of the local government. Advice Notes This approval relates to the development only and cannot be assumed to relate to any use of the proposed shed. If the development, the subject of this approval, is not substantially commenced within a period of 24 months from the date of the approval, the approval will lapse and be of no further effect. For the purposes of this condition, the term “substantially commenced” has the meaning given to it in the Planning and Development (Local Planning Schemes) Regulations 2015 as amended from time to time. Prior to lodging an application for a building permit, stormwater and effluent disposal plans, details and calculations must be submitted for approval by the Local Government and thereafter implemented, constructed, and maintained to the satisfaction of the Local Government. If an applicant or owner is aggrieved by this determination, there is a right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

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9.2 FINANCIAL SERVICES

9.2.1 Monthly Financial Report for June 2021 Date of Report: 16 July 2021 Proponent: N/A File Ref: Officer

N/A Wendy Stringer – LG Best Practices

Senior Officer: Leanne Parola – Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: 9.2.1 June 21 Monthly Financial Report Voting Requirements: Simple Majority

Purpose of Report This report presents for consideration the Monthly Financial Report, for the period ending 30 June 2021. Background All financial reports are required to be presented to Council within two meetings following the end of the month that they relate to. These reports are prepared after all the end of month payments and receipts have been processed. Consultation There has been consultation with the Chief Executive Officer. Statutory Environment Local Government Act 1995 -

6.4. Financial report

(1) A local government is to prepare an annual financial report for the preceding financial year and such other financial reports as are prescribed.

Local Government (Financial Management) Regulations 1996 -

34. Financial activity statement required each month (Act s. 6.4)

(1A) In this regulation — committed assets means revenue unspent but set aside under the annual budget for a specific purpose.

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(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1) (d), for that month in the following detail — (a) annual budget estimates, taking into account any expenditure incurred

for an additional purpose under section 6.8(1)(b) or (c); and (b) budget estimates to the end of the month to which the statement

relates; and (c) actual amounts of expenditure, revenue and income to the end of the

month to which the statement relates; and (d) material variances between the comparable amounts referred to in

paragraphs (b) and (c); and (e) the net current assets at the end of the month to which the statement

relates.

(2) Each statement of financial activity is to be accompanied by documents containing — (a) an explanation of the composition of the net current assets of the month

to which the statement relates, less committed assets and restricted assets; and

(b) an explanation of each of the material variances referred to in sub regulation (1) (d); and

(c) such other supporting information as is considered relevant by the local government.

(3) The information in a statement of financial activity may be shown — (a) according to nature and type classification; or (b) by program; or (c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be — (a) presented at an ordinary meeting of the council within 2 months after

the end of the month to which the statement relates; and (b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

The recommendation that follows is consistent with the legislative requirements. Policy Implications This proposal incorporates the requirements of policy 7.11 – Investment of Surplus Funds, specifically the requirement to report on Councils investments within the Monthly Financial Report.

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Agenda: Ordinary Meeting of Shire of Trayning Council to be held on Wednesday 21 July 2021 21 MOCS.BMT-16/07/2021

Financial Implications A copy of the Monthly Financial Report for the period ending 30 June 2021, including the report on significant variances, Investment of Councils reserve and surplus funds and the reconciliation of Councils bank accounts, has been provided to Council via attachment to this report. Strategic Implications There are no strategic implications. Environmental Implications There are no environmental implications. Social Implications There are no social implications. Officer’s Comment Nil Officer’s Recommendation That Council accepts the Monthly Financial Report for the period ending 30 June 2021 as presented.

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9.2.2 Monthly Payment List June 2021 Date of Report: 9 June 2021 Proponent: N/A File Ref: 3.2.2.3 – Accounts Payable (Creditors) Officer: Jessi Shannon - Finance Officer Senior Officer: Belinda Taylor – Manager of Corporate

Services Officer’s Disclosure of Interest: Nil Attachments: 9.2.2 June Payment List Voting Requirements: Simple Majority

Purpose of Report To meet legislative requirements under the Local Government (Financial Management) Regulations. Background The Local Government (Financial Management) Regulations 1996 requires that Council is to be presented with a Statement of Payments each month. Consultation There has been consultation with the Chief Executive Officer. Statutory Environment Local Government (Financial Management) Regulations 1996. Officer’s Comment The list of payments has been compiled for the month of June 2021 and is attached. These payments have already occurred and Council are not making a decision as to whether payments are to be made. Officer’s Recommendation That Council receives the list of payments, as presented, for the month of June 2021, totalling $479,279.97.

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9.3 CHIEF EXECUTIVE OFFICER 9.3.1 License to use and occupy Corridor Land - Yelbeni

Date of Report: 22 June 2021 Proponent: Leanne Parola Chief Executive Officer File Ref: 11.5.12 Museums and C33 Agreements Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: 9.3.1 License to Use and Occupy Corridor Land

Yelbeni Voting Requirements: Simple Majority

Purpose of Report To authorise the President and Chief Executive Officer to sign and seal a new ten year licence to use and occupy railway corridor land in the townsite of Yelbeni. Background The Shire’s previous Licence to Use and Occupy Corridor Land – Yelbeni expired on 30 June 2020. Arc Infrastructure Pty Ltd have prepared a new licence for execution. Officer’s Comment The proposed licence area adjacent to the Nungarin-Wyalkatchem Road in Yelbeni is the same as the previous licence. The licence permits the Shire to use the area for:

• Museum shed and display of farming equipment • Public rest stop including parking area, gazebo and ablutions • Beautification

Consultation Arc Infrastructure Pty Ltd Statutory Environment The agreement is a legally binding document under Western Australian laws. Policy Implications There are no direct policy implications. Financial Implications The use fee is $1 per annum and the Shire was responsible for the cost of the preparation of the licence.

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Strategic Implications The Corporate Business Plan includes maintaining the Yelbeni Museum and to consider sealing the Yelbeni parking bay in 2022/2023.

Environmental Implications There are no known environmental implications. Social Implications There are no direct social implications. Officer’s Recommendation That the Shire President and Chief Executive Officer be authorised to sign and seal the proposed Licence to Use and Occupy Corridor Land – Yelbeni.

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9.3.2 Overdue Rates and Charges Date of Report: 10 July 2021 Proponent: Nil File Ref: 3.1.1.7 – Rates Recovery Officer: Louise Sequerah – Rates Consultant Senior Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: 9.3.2 Recalcitrant Rates Debtors – 30 June

2021 Voting Requirements: Simple Majority

Purpose of Report To provide an update on the overdue rates assessments. Background It is considered best practice for Council to have less than 4% of the rates levied outstanding at the end of the financial year. Consultation The previous Manager of Financial Services, Parthiv Parekh, had on-going discussions with AMPAC Debt Recovery and the Chief Executive Officer, Leanne Parola, on the management of outstanding debts. Statutory Environment It is an offence for Council not to recovery outstanding rates and charges. Local Government Act 1995. 6.57. Non-compliance with procedure in Act not to prevent recovery of rate or service charge In proceedings by or on behalf of a local government for the recovery of an amount due in respect of a rate or service charge, failure by the local government to comply in respect of the rate or service charge with the provisions of this Act, is not a defence, if it appears that it had the power to impose, and did in fact assent to the imposition of, the rate or service charge. Officer’s Comment The Shire had a total of $1,434,599.68 due for payment in the 2020/2021 financial year. This amount is made up of arrears, current rates and charges and overdue interest. A total of $1,345,036.46 was credited to the assessments resulting in a Balance Outstanding of $89,563.22.

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This Balance can be broken down into:

Details Amount Recalcitrant Rates Debtors 58,737.62 Pensioner/Senior Assessments, including Deferred Charges 33,461.80 Balance less than $100.00 -2,636.20 TOTAL 89,563.22

Whilst the overall balance outstanding equates to 6.24% of the total that was due for payment, the Shire has only 0.95% of the current rates, recycling, bin and ESL outstanding, meaning the majority of the debt being held relates to previous financial years. Active debt recovery has been commenced on overdue assessments. The Shire has already forced its right to commence Property Sale & Seizure Orders on several assessments and in April 2021 sold four properties for non-payment of rates, with one of those properties yet to settle. Once the 2021/22 rates are due, staff will take legal action against overdue ratepayers, including taking possession and selling properties where rates have been overdue for three years. There are likely to be three properties subject to this action being Assessments A210, A261 and A501 unless realistic attempts to reduce balances are made and agreements adhered to. As the three properties are all residences, it is hoped that the proceeds of their sales will cover the outstanding rates and legal/sale costs. Officer’s Recommendation That the report of Recalcitrant Rates Debtors as presented in the attachment “Recalcitrant Rates Debtors as at 30 June 2021” be received.

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9.3.3 Waste and Recycling Collection Service Date of Report: 15 July 2021 Proponent: Chief Executive Officer File Ref: 10.2.1.7 Refuse Removal Service (Waste

Contractor) Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: Confidential – Separate Cover Voting Requirements: Simple Majority

Purpose of Report To consider the outcome of a recent request for quotations to provide waste and recycling collection service to the Shire. Background Avon Waste has been engaged by the Shire to carry out a kerbside waste and recycling service, with the contract expiring on 30 June 2021. Officer’s Comment The Shire of Trayning is a member of the North Eastern Regional Organisation of Councils (NEWROC), which has had a long-term project to investigate moving to a regional landfill. While the Shire of Trayning’s current position is to retain the status quo instead of moving to a regional landfill, several other members of NEWROC also had rubbish contracts either ending 30 June 2021 or were technically out of contract. With the assistance of the Western Australian Local Government Association, the Chief Executive Officers of the Shires of Koorda, Nungarin, Trayning and Wyalkatchem ran a joint request for quotation for the provision of kerbside waste collection services with a common expiry date to 30 June 2023 with the possibility of options to extend. The intent of the joint quotation was to attract the most competitive quotations by offering an economy of scale, and a reduction in the administrative time to carry out a formal quotation process. The time frame was chosen as it is expected that NEWROC will have progressed the regional landfill site proposal by June 2023 to a stage where Shires may need to change their waste collection services to accommodate taking waste to the regional site instead of local ones. The request for quotations will close on Friday 16 July 2021, so a confidential report will be distributed to Councillors prior to the Ordinary Meeting of Council considering the responses received and making a recommendation.

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Consultation Given the introduction of the Container Deposit Scheme, reports that recycling costs were likely to increase significantly due to a number of factors and current charges not covering costs, a community survey was undertaken in February 2021 to determine whether the Shire should continue to provide a fortnightly kerbside recycling service and what ratepayers should be charged. Unfortunately, only 17 responses were received and the results were unclear as follows:

As a result, an option was included in the quotation for replacing kerbside recycling collection with central drop off points and the draft budget includes an increase to recycling charges of $20. This charge would mean that the recycling service would still be under recovered based on the prior year’s costs and therefore be subsidised by ratepayers not receiving the service.

88

Should the Shire still offer kerbside recycling ?

Yes No

7

3

4

What should ratepayers be charged?

Actual Cost Current + CPI

Current + $10 pa

8

2

6

What would you do if there was no kerbside recycling service?

Throw away Cash for Containers Drop Off Point

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Statutory Environment Waste Avoidance and Resource Recovery Act 2007 Environmental Protection Act 1986 The new contract will be a legally binding document under Western Australian laws. Policy Implications There are no direct policy implications. Financial Implications The draft budget includes the following income and expenditure for rubbish and recycling collections:

GL Description Budget $ 3101300 Refuse Charges 28,014 3102300 Recycling Levy 14,410 2101001 Domestic Refuse Collection (28,129) 2102001 Recycling Service Expenses (27,422)

Operating Loss (13,127) These figures do not include the costs of operating the Refuse Sites. Strategic Implications The Corporate Business Plan for 2020/21 included an action to review the recycling service.

Environmental Implications There are no direct environmental implications. Social Implications There are no direct social implications. Officer’s Recommendation To be provided in confidential attachment to be distributed to Councillors prior to the meeting.

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9.3.4 Adoption of the 2021-22 Budget Date of Report: 14 July 2021 Proponent: Chief Executive Officer File Ref: 3.2.7.1– Annual Budget Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: 9.3.4 Final Draft Budget 2021-2022 Voting Requirements: Absolute Majority

Purpose of Report To consider the adoption of the Shire of Trayning 2021-22 Budget. Background Councillors participated in Budget Workshops with staff on 19 May 2021 and 8 June 2021. Consultation Councillors and staff Statutory Environment Local Government Act 1995 Local Government (Financial Management) Regulations 1996 Policy Implications Policy 7.9 - Annual Budget – Rates Calculation Policy 7.10 – Annual Budget – Preparation Timetable Financial Implications Sets the Budget for the 2021-22 financial year and enables rates to be raised. Strategic Implications Nil Officer’s Comment At the May 2021 budget workshop, Councillors indicated they would support an overall rates increase of 1.4% which WALGA has advised is the expected increase in the Local Government Cost Index for 2021/22.

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Given the impact of the COVID 19 pandemic on Australia’s economy, it is difficult to estimate a number of costs that have a significant impact on the Shire’s budget, including fuel and materials. If there are any major variations from the budgeted increases, they will need to be addressed by way of budget variations or the budget review. The budget does not include any provision for income or expenditure associated with the third phase of the Commonwealth’s Local Roads and Community Infrastructure Program as the Shire intends to undertake a public consultation process before choosing appropriate projects. Given the staff’s capacity to deliver the significant number and value of capital projects already included in the budget, it is likely that expenditure these projects will not commence until the 2022/23 financial year. Officer’s Recommendations

1. That Council, pursuant to the provision of Section 6.2 of the Local Government Act 1995 (as modified by Ministerial Order due to COVID-19 pandemic) and Part 3 of the Local Government (Financial Management) Regulations 1996, adopts the budget for the Shire of Trayning for the 2021-2022 financial year which includes the following:

a) Statement of Comprehensive Income by Nature and Type b) Statement of Comprehensive Income by Program c) Statement of Cash Flows d) Rate Setting Statement e) Notes to and forming part of the Budget f) Capital Projects g) Schedule of Fees and Charges

2. That Council, pursuant to Sections 6.32, 6.34 and 6.35 of the Local Government

Act 1995 impose the following: a) Where the General Rate is to apply, for all rateable properties with

Gross Rental Valuations a rate of 22.373 cents in the dollar, with a minimum rate of $400.00 be imposed

b) Where the General Rate is to apply, for all rateable properties with Unimproved Valuations a rate of 1.97 cents in the dollar, with a minimum rate of $400.00 be imposed.

3. That Council, pursuant to Section 6.51 (1) and subject to Section 6.51(4) of the Local Government Act 1995 and Regulation 70 of the Local Government (Financial Management) Regulations 1996, adopts an interest rate of 7% for rates (and charges) and costs of proceedings to recover such charges that remain unpaid after becoming due and payable.

4. That Council, pursuant to Section 6.45 of the Local Government Act 1995,

Regulation 68 of the Local Government (Financial Management) Regulations 1996 and clause 13 of the local government (COVID-19 Response) Ministerial Order 2020 gazetted on 8 May 2020, adopts an interest rate of 5.5% where the owner has elected to pay rates and charges through an instalment option.

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5. That Council, pursuant to Section 6.45 of the Local Government Act 1995 and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, offer the following payment options:

a) Option 1

To pay the total of rates and charges included on the rate notice in full by the due date 30 September 2021, which is thirty five (35) days after the date of service. Failure to pay such costs will attract penalty charges.

b) Option 2 To pay by four (4) instalments. Details of these dates and amounts are included on the rate notice. Failure to pay such costs by the due dates will attract penalty charges. This option can only be selected where the first instalment including all arrears (if any) is paid by the due date.

Payment dates are: 1. 30 September 2021 2. 1 November 2021 3. 5 January 2022 4. 9 March 2022

6. That Council, pursuant to Section 6.45 of the Local Government Act 1995 and Regulation 67 of the Local Government (Financial Management) Regulations 1996, adopts an instalment administration charge where the owner has elected to pay rates (and charges) through an instalment option of $5.00 for each instalment after the initial instalment is paid.

7. That Council, pursuant to Section 6.46 of the Local Government Act 1995, offers

a discount of 5% of current rates levied to ratepayers who have paid their rates in full, including arrears, waste and service charges, by the due date as specified on the rate notice.

8. That Council, pursuant to Section 67 of the Waste Avoidance and Resource

Recovery Act 2007, impose a Waste Collection Fee in the compulsory areas, as following:

a) $203.00 per annum – for one (1) refuse mobile garbage bin (collected

weekly). b) $110.00 Per annum for one (1) recycling mobile garbage bin (collected

fortnightly) c) $110.00 per annum – for any additional recycling mobile garbage bins

(collected fortnightly) d) $203.00 per annum – for any additional refuse mobile garbage bins

(collected weekly).

9. That Council, in accordance with Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, and AASB 1031 Materiality, adopts a variance of 10% and a minimum of $10,000 to be used in the statements of financial activity and annual budget review.

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10. That Council, pursuant to Section 53 of the Cemeteries Act 1986, adopt the Fees and Charges for the Trayning, Kununoppin and Yelbeni Cemeteries as included in the Schedule of Fees and Charges 2021-22.

11. That Council, pursuant to Section 245A(8) of the Local Government (Miscellaneous Provisions) Act 1960 adopt a swimming pool inspection fee of $57.45 inclusive of GST.

12. That Council, pursuant to Section 5.99 of the Local Government Act 1995 and Regulation 34 of the Local Government (Administration) Regulations 1996, adopt the following individual meeting attendance fees:

President: Meeting Attendance: $380.00 Committee Attendance: $185.00 Councillors: Meeting Attendance: $185.00 Committee Attendance: $118.00

13. That Council, pursuant to Section 5.99A of the Local Government Act 1995 and

regulations 34A and 34AA of the Local Government (Administration) Regulations 1996, adopt the following annual allowances for elected members:

Information Technology Allowance - $2100.00 Travel Allowance

-$0.5669 per kilometre for engine displacement 1600cc & under -$0.6866 per kilometre for engine displacement 1600cc to 2600cc -$0.9554 per kilometre for engine displacement 2600cc & over

14. That Council, pursuant to Section 5.98(5) of the Local Government Act 1995 and

Regulation 33 of the Local Government (Administration) Regulations 1996, adopts the following annual local government allowance to be paid in addition to the meeting attendance fee:

President - $12,350.00

15. That Council, pursuant to Section 5.98A of the Local Government Act 1995 and Regulations 33A of the Local Government {Administration) Regulations 1996, adopts the following annual local government allowance to be paid in addition of the meeting attendance fee:

Deputy President - $3,088.00

16. That Council, pursuant to section 3.18 of the Local Government Act 1995, advises it is satisfied that the services and facilities it provides and which are funded in the 2021-22 Annual Budget:

• Integrate and coordinate, so far as is practicable, with any provided by the Commonwealth, State or any public body,

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• Do not duplicate, to an extent that the Council considers inappropriate, services or facilities provided by the Commonwealth, State or any other body or person, whether public or private, and

• Will be managed efficiently and effectively.

17. That Council, pursuant to section 6.47 of the Local Government Act 1995, grant a rate concession to the Trayning Red Cross Shop, Lot 27 Coronation Street, Trayning, by waiving the 2021/22 general rates levied.

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10 NEW BUSINESS OF AN URGENT NATURE BY DECISION OF MEETING 11 MATTERS FOR WHICH THE MEETING MAY BE CLOSED In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to the members of the public for this item as the following sub-section applied: (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; and Confidential Item 11.1. NEWROC – Costs of Legal Proceedings

Date of Report: 22 June 2021 Proponent: Leanne Parola - Chief Executive Officer File Ref: 4.1.6.9 Officer: Leanne Parola –Chief Executive Officer Officer’s Disclosure of Interest: Nil Attachments: Confidential Attachment 11.1 Circular Resolution

- NEWROC 17 June 2021 Voting Requirements: Simple Majority

12 CLOSURE