agenda public document 19 july 2016 - shire of ashburton · agenda - ordinary meeting of council 19...

54
Agenda Public Document 19 July 2016 Clem Thompson Sports Pavilion Stadium Road Tom Price 1.00pm

Upload: others

Post on 13-Jul-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

Agenda – Public Document 19 July 2016 Clem Thompson Sports Pavilion Stadium Road Tom Price 1.00pm

Page 2: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor
Page 3: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

SHIRE OF ASHBURTON ORDINARY MEETING OF COUNCIL

AGENDA

(Public Document)

Clem Thompson Sports Pavilion, Stadium Road, Tom Price

19 July 2016 1.00 pm

1

Page 4: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

SHIRE OF ASHBURTON

ORDINARY MEETING OF COUNCIL

Dear Councillor Notice is hereby given that an Ordinary Meeting of Council of the Shire of Ashburton will be held on 19 July 2016 at Clem Thompson Sports Pavilion, Stadium Road, Tom Price commencing at 1:00 pm. The business to be transacted is shown in the Agenda. Neil Hartley CHIEF EXECUTIVE OFFICER 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.

2

Page 5: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

1. DECLARATION OF OPENING..................................................................................... 4 1.1 ACKNOWLEDGEMENT OF COUNTRY ....................................................................................... 4

2. ANNOUNCEMENT OF VISITORS ................................................................................ 4 3. ATTENDANCE ............................................................................................................. 4

3.1 PRESENT ...................................................................................................................................... 4 3.2 APOLOGIES .................................................................................................................................. 4 3.3 APPROVED LEAVE OF ABSENCE .............................................................................................. 4

4. QUESTION TIME ......................................................................................................... 4 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .................................. 4 4.2 PUBLIC QUESTION TIME ............................................................................................................ 4

5. APPLICATIONS FOR LEAVE OF ABSENCE .............................................................. 4 6. DECLARATION BY MEMBERS ................................................................................... 5

6.1 DUE CONSIDERATION BY COUNCILLORS TO THE AGENDA ................................................ 5 6.2 DECLARATIONS OF INTEREST .................................................................................................. 5

7. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .......... 6 8. PETITIONS / DEPUTATIONS / PRESENTATIONS ...................................................... 6

8.1 PETITIONS .................................................................................................................................... 6 8.2 DEPUTATIONS ............................................................................................................................. 6 8.3 PRESENTATIONS ........................................................................................................................ 6

9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................... 6 9.1 ORDINARY MEETING OF COUNCIL HELD ON 21 JUNE 2016 ................................................. 6

10. AGENDA ITEMS ADOPTED "EN BLOC" .................................................................... 7 10.1 AGENDA ITEMS ADOPTED 'EN BLOC' ....................................................................................... 7

11. GOVERNANCE & EXECUTIVE SERVICE REPORTS ................................................. 8 11.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS JUNE 2016 ........................... 8 11.2 USE OF COMMON SEAL AND ACTIONS PERFORMED UNDER DELEGATED

AUTHORITY FOR THE MONTH OF JUNE 2016 ....................................................................... 10 11.3 ABORIGINAL REFERENCE COMMITTEE – 21 JUNE 2016 ..................................................... 12 11.4 ASHBURTON TOURISM COMMITTEE – 21 JUNE 2016 .......................................................... 16

12. COMMUNITY DEVELOPMENT REPORTS ................................................................ 19 12.1 NOTICE OF MOTION – REQUEST FOR DONATION TO BINDI BINDI ABORIGINAL

COMMUNITY ONSLOW ............................................................................................................. 19 13. CORPORATE SERVICES REPORTS ........................................................................ 23

13.1 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF MAY 2016 & JUNE 2016 ...................................................................................................................... 23

13.2 2016 REVIEW OF DELEGATIONS OF AUTHORISATIONS, COUNCIL APPROVAL AUTHORISATIONS ..................................................................................................................... 25

13.3 EXTRAORDINARY ELECTION TOM PRICE WARD ................................................................. 28 13.4 ADOPTION OF DRAFT 2016/17 BUDGET – SPECIAL MEETING ............................................ 30 13.5 NOTICE OF MOTION - CHANGES TO FIN04 BUY LOCAL – REGIONAL PRICE

PREFERENCE POLICY .............................................................................................................. 33 14. DEVELOPMENT AND REGULATORY SERVICES REPORTS ................................. 36

14.1 PROPOSED MEMORANDUM OF UNDERSTANDING WITH DEPARTMENT OF FIRE AND EMERGENCY SERVICES FOR MANAGEMENT AND CONTROL OF BUSH FIRE BRIGADES AND BUSHFIRE RESPONSE IN THE PILBARA .................................................... 36

15. INFRASTRUCTURE SERVICES REPORTS .............................................................. 41 15.1 NOTICE OF MOTION - REQUEST FOR INVESTIGATION INTO THE PROVISION OF A

ZEBRA CROSSING ON CENTRAL ROAD, TOM PRICE........................................................... 41 16. STRATEGIC AND ECONOMIC DEVELOPMENT REPORTS .................................... 44

16.1 NOTICE OF MOTION – REVIEW OF ONSLOW AIRPORT CAMP ............................................ 44 17. COUNCILLORS AGENDA ITEMS / NOTICES OF MOTIONS ................................... 50 18. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING ................................................................................................................... 50 19. CONFIDENTIAL MATTERS ....................................................................................... 50

19.1 CONFIDENTIAL ITEM - SALE OF LOT 9500 ONSLOW ROAD, ONSLOW .............................. 51 20. NEXT MEETING ......................................................................................................... 52 21. CLOSURE OF MEETING ........................................................................................... 52

3

Page 6: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

1. DECLARATION OF OPENING

1.1 ACKNOWLEDGEMENT OF COUNTRY As representatives of the Shire of Ashburton Council, we respectfully acknowledge the local Indigenous people, the traditional custodians of this land where we are meeting upon today and pay our respects to them and all their elders both past and present.

2. ANNOUNCEMENT OF VISITORS 3. ATTENDANCE 3.1 PRESENT

Cr K White Shire President, Onslow Ward Cr L Rumble Deputy Shire President, Paraburdoo Ward Cr L Thomas Tableland Ward Cr P Foster Tom Price Ward Cr C Fernandez Tom Price Ward Cr A Bloem Tom Price Ward Cr M Gallanagh Pannawonica Ward Mr N Hartley Chief Executive Officer Ms A Serer Executive Manager, Strategic & Economic

Development Ms L Reddell Executive Manager, Development & Regulatory

Services Mrs L O’Reilly Executive Manager, Community Development Mr T Davis Executive Manager, Infrastructure Services Mr F Ludovico Executive Manager, Corporate Services Ms J Smith Executive Officer CEO

Miss J Forward CEO & Councillor Support Officer 3.2 APOLOGIES 3.3 APPROVED LEAVE OF ABSENCE

Cr D Dias Paraburdoo Ward 4. QUESTION TIME 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4.2 PUBLIC QUESTION TIME 5. APPLICATIONS FOR LEAVE OF ABSENCE

4

Page 7: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

6. DECLARATION BY MEMBERS

6.1 DUE CONSIDERATION BY COUNCILLORS TO THE AGENDA That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting.

6.2 DECLARATIONS OF INTEREST Councillors to Note A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, that will be attended by the member, must disclose the nature of the interest:

(a) In a written notice given to the Chief Executive Officer before the Meeting

or;

(b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

(c) Preside at the part of the Meeting, relating to the matter or;

(d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE) The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

I intend to include these notes in each agenda for the time being so that Councillors may refresh their memory.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measure in money terms. There are exceptions in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e. sporting, social, religious etc), and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e., if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors or ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it

5

Page 8: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

MUST be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

7. ANNOUNCEMENTS BY THE PRESIDING PERSON

WITHOUT DISCUSSION 8. PETITIONS / DEPUTATIONS / PRESENTATIONS 8.1 PETITIONS 8.2 DEPUTATIONS 8.3 PRESENTATIONS 9. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 9.1 ORDINARY MEETING OF COUNCIL HELD ON 21 JUNE 2016

Officer’s Recommendation That the Minutes of the Ordinary Meeting of Council held on 21 June 2016, as previously circulated on 23 June 2016, be confirmed as a true and accurate record, subject to the following amendment: Agenda Item 18.1 Voting Detail Wording being corrected - From: “Crs White, Rumble, Dias, Gallanagh, Dellar, Thomas and Bloem voted for the motion. Cr Fernandez voted against the motion.” To: “Crs Rumble, Gallanagh, Dellar, Thomas and Bloem voted for the motion. Cr Fernandez voted against the motion.”

6

Page 9: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

10. AGENDA ITEMS ADOPTED "EN BLOC"

10.1 AGENDA ITEMS ADOPTED 'EN BLOC' The following information is provided to Councillors for guidance on the use of En Bloc voting as is permissible under the Shire of Ashburton Standing Orders Local Law 2012:

“Part 5 – Business of a meeting Clause 5.6 Adoption by exception resolution:

(1) In this clause ‘adoption by exception resolution’ means a resolution of the Council that has the effect of adopting, for a number of specifically identified reports, the officer recommendation as the Council resolution.

(2) Subject to subclause (3), the Local Government may pass an adoption by exception resolution.

(3) An adoption by exception resolution may not be used for a matter; (a) that requires a 75% majority or a special majority; (b) in which an interest has been disclosed; (c) that has been the subject of a petition or deputation; (d) that is a matter on which a Member wishes to make a statement; or (e) that is a matter on which a Member wishes to move a motion that is

different to the recommendation.”

7

Page 10: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

11. GOVERNANCE & EXECUTIVE SERVICE REPORTS

11.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS JUNE 2016

FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Jasmin Forward CEO & Councillor Support Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 1 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 10.1 (Minute: 11477) - Ordinary Meeting of Council 10 April 2013

Summary The purpose of this agenda item is to report back to Council on the progress of the implementation of Council decisions. Background The purpose of this agenda item is to report back to Council on the progress of the implementation of Council decisions. Comment Wherever possible, Council decisions are implemented as soon as practicable after a Council meeting. However there are projects or circumstances that mean some decisions take longer to action than others.

This report presents a summary of the “Decision Status Reports” for Office of the CEO, Corporate Services, Infrastructure Services, Strategic & Economic Development, Community Development and Development & Regulatory Services.

ATTACHMENT 11.1 Consultation Chief Executive Officer Executive Management Team Statutory Environment Not Applicable Financial Implications Not Applicable

8

Page 11: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications Not Applicable Voting Requirement Simple Majority Required Recommendation That Council receives the “Decision Status Reports” as per ATTACHMENT 11.1.

Author: Jasmin Forward Signature: Manager: Neil Hartley Signature:

9

Page 12: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

11.2 USE OF COMMON SEAL AND ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH OF JUNE 2016

FILE REFERENCE: GV21

IT03 CM02 LP10.7.0

AUTHOR’S NAME AND POSITION:

Janyce Smith Executive Officer Sheree Selton Administration Assistant Planning

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 1 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The authors have no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary The purpose of this agenda item is to report to Council for information, Use of the Common Seal and actions performed under delegated authority requiring referral to Council, for the month of June 2016. Background Council has historically sought a monthly update of the more significant activities for the organisation relative to (1) Use of the Common Seal, and (2) actions performed under delegated authority requiring referral to Council as per the Shire of Ashburton Delegated Authority Register 2016. Comment A report on Use of the Common Seal and relevant actions performed under delegated authority has been prepared for Council.

ATTACHMENT 11.2 Consultation Relevant officers as listed in the Attachment. Statutory Environment Local Government Act 1995 Clause 9.3 of the Shire of Ashburton Town Planning Scheme No. 7 Financial Implications As outlined in Attachment 11.2.

10

Page 13: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” in light of the report being for information purposes only and the risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications ELM 13 – Affixing the Shire of Ashburton Common Seal. FIN12 – Purchasing and Tendering Policy. Voting Requirement Simple Majority Required Recommendation That Council accept the report “11.2 Use of Common Seal and Actions Performed Under Delegated Authority for the Month of June 2016”.

Author: Janyce Smith Signature: Manager: Neil Hartley Signature:

11

Page 14: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

11.3 ABORIGINAL REFERENCE COMMITTEE – 21 JUNE 2016 FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Neil Hartley Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 29 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 11.3 (Minute No. 12088) – Ordinary Meeting of Council 21 June 2016 Agenda Item 12.1 (Minute No. 12046) – Ordinary Meeting of Council 19 January 2016 Agenda Item 11.4 (Minute No. 11978) – Ordinary Meeting of Council 15 July 2015 Agenda Item 17.2 (Minute No. 11973) – Notice of Motion - Ordinary Meeting of Council 17 June 2015

Summary At the Ordinary Meeting of Council held on 19 January 2016 it was resolved to establish an Aboriginal Reference Committee. The Councillors appointed to the Committee were: Cr Cecilia Fernandez Cr Peter Foster Cr Lorraine Thomas. The purpose of the Committee is to be a conduit and provide a forum for Aboriginal people and their communities living within the Shire of Ashburton so as to raise issues with the Shire of Ashburton on the Shire’s business and affairs that relate to them, and to advise Council / Councillors on suggested actions the Council should consider to address relevant issues raised with and by the Committee. The Minutes of the 21 June 2016 meeting are presented for Council’s consideration and it may accept, reject, or modify any committee recommendation. Background At the Ordinary Meeting of Council held on 19 January 2016 it was resolved to establish an Aboriginal Reference Committee. The Committee has no delegated powers and its role is to consider issues and make recommendations to Council. The attached Minutes of the Committee are presented for Council’s consideration.

ATTACHMENT 11.3A

12

Page 15: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Comment At the Committee Meeting held on 21 June 2016 the following agenda items and recommendations were considered. Additional officer comments are provided where appropriate and Council needs to now consider whether it accepts, rejects, or modifies any committee recommendation. 7.1 OBJECTIVES AND BUDGET IMPLICATIONS OF THE ABORIGINAL REFERENCE

COMMITTEE That the Committee recommend to Council to note the officer’s report and ask that Councillors submit to the Committee their suggestions on what projects and activities are desired in order to establish an appropriate budget allocation. Officer Comments: Nil. 7.2 REVIEW OF ELM19 RECOGNITION OF ABORIGINAL CULTURE AND HISTORY;

AND COUNCILLOR DECLARATION POLICY That the Committee defer consideration of this agenda item until the next Committee Meeting. Reason: The Committee Members were of the view that to enable comprehensive consideration of this proposal, the full Committee should be present. Officer Comments: Nil. 7.3 REQUEST FOR DONATION – CLEAN-UP OF “WESTSIDE CAMP” –

YINHAWANGKA CORPORATION The Aboriginal Reference Committee recommends to Council that it agrees to make a donation to the Yinhawangka group for refuse site tip fees for the clean-up of the "Westside Camp" of $17,723.14 from account 040282 Donations from Council account, acknowledging it as over- budget expenditure. Officer Comments: Nil. 7.4 REQUEST FOR DONATION – EMERGENCY SERVICES LEVY – BINDI BINDI

COMMUNITY ONSLOW AND REFUSE COLLECTION CHARGES The Aboriginal Reference Committee recommends to Council that Council alter policy its REC08 Community Donations, Grants and Funding with a dedicated clause to allow donations to Aboriginal Communities for Emergency Services Levy, Annual Rubbish Rates Charges, and also periodic Refuse Site Gate Fee Charges, with the amount available to be determined in Council's Annual Budgets. Officer Comments: The wording of the recommendation has been modified to reflect the actual changed wording proposed to the REC08 Policy. Consultation Chief Executive Officer

13

Page 16: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Statutory Environment Part 5 (Administration) Division 2 (Council meetings, committees and their meetings and electors’ meetings) devotes numerous sections to the establishment, type and processes for Committees. The Shire of Ashburton Standing Orders also addresses such matters as the appointment and management of Committees. Financial Implications No additional financial implications anticipated to those mentioned within the officer reports to the Committee. Strategic Implications As per the officer reports to the Committee. Risk Management No additional risk management implications anticipated to those mentioned within the officer reports to the Committee. Policy Implications As per the officer reports to the Committee. Voting Requirement Simple Majority Required

14

Page 17: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Recommendation That Council endorse the recommendations of the Aboriginal Reference Committee held on 21 June 2016, namely, that Council:

7.1 OBJECTIVES AND BUDGET IMPLICATIONS OF THE ABORIGINAL REFERENCE

COMMITTEE Note the officer’s report and ask that Councillors submit to the Committee their suggestions on what projects and activities are desired in order to establish an appropriate budget allocation. 7.2 REVIEW OF ELM19 RECOGNITION OF ABORIGINAL CULTURE AND HISTORY;

AND COUNCILLOR DECLARATION POLICY Note that the Committee deferred consideration of this agenda item until the next Committee Meeting. 7.3 REQUEST FOR DONATION – CLEAN-UP OF “WESTSIDE CAMP” –

YINHAWANGKA CORPORATION Agrees to make a donation to the Yinhawangka group for refuse site tip fees for the clean-up of the "Westside Camp" of $17,723.14 from account 040282 Donations from Council account, acknowledging it as over- budget expenditure. 7.4 REQUEST FOR DONATION – EMERGENCY SERVICES LEVY – BINDI BINDI

COMMUNITY ONSLOW AND REFUSE COLLECTION CHARGES Alters policy REC08 Community Donations, Grants and Funding as per ATTACHMENT 11.3B.

Author: Neil Hartley Signature: Manager: Neil Hartley Signature:

15

Page 18: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

11.4 ASHBURTON TOURISM COMMITTEE – 21 JUNE 2016 FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Neil Hartley Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 1 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 11.3 (Minute No. 12076) – Ordinary Meeting of Council 26 April 2016

Summary At the Ordinary Meeting of Council held on 26 April 2016 it was resolved to establish an Ashburton Tourism Committee. The Councillors appointed to the Committee were: Onslow Cr Kerry White Paraburdoo Cr Linton Rumble Tom Price Cr Cecilia Fernandez Pannawonica Cr Melanie Gallanagh Ashburton Cr Glen Dellar Tableland Cr Lorraine Thomas. The Committee met on 24 May 2016 and 21 June 2016 and resolved that the objective of the Committee was to identify and develop strategies to promote tourism so there is a positive impact at a regional level and to advise Council/Councillors on suggested actions the Council should consider to address relevant issues raised with and by the Committee. Background At the Ordinary Meeting of Council held on 26 April 2016 it was resolved to establish an Ashburton Tourism Development Committee. The Committee has no delegated powers and its role is to consider issues and make recommendations to Council. The attached Minutes of the Committee are presented to Council to consider the recommendations.

ATTACHMENT 11.4

16

Page 19: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Comment At the Committee Meeting held on 21 June 2016 the following agenda items and recommendations were considered. 8.1 ASHBURTON TOURISM COMMITTEE TERMS OF REFERENCE That the Committee recommends to Council to:

1. Change the name of the Committee from “Ashburton Tourism Committee” to “Ashburton Tourism Development Committee”.

2. Endorse the Ashburton Tourism Committee Terms of Reference ATTACHMENT 8.1 subject to the following modification:

(a) Change the objective from “To reduce Council’s financial dependency on mining”

to “To identify and develop strategies to promote tourism so there is a positive impact at a regional level”

Officer Comments: Nil. 8.2 TOURISM ACTIVITIES UPDATE AND FUTURE PLANNING That the Committee recommends to Council to:

1. Note the officer report but not recommend on future tourism development planning issues at this point.

2. Schedule a workshop for the July Council Meeting day in consultation with the

Committee Chairperson. Officer Comments: Nil. Consultation Chief Executive Officer Statutory Environment Part 5 (Administration) Division 2 (Council meetings, committees and their meetings and electors’ meetings) devotes numerous sections to the establishment, type and processes for Committees. The Shire of Ashburton Standing Orders also addresses such matters as the appointment and management of Committees. Financial Implications No additional financial implications anticipated to those mentioned within the officer reports to the Committee. Strategic Implications Shire of Ashburton Corporate Business Plan 2013-2017 (Living Life – Making it Happen) outlines that Tourism is a component of the Economic Strength and Development function of the Shire. There are several specific tourism related initiatives within the Plan, like Onslow Caravan Park upgrade and Tom Price Visitor Centre upgrade, but also “related” proposals, like the Tom Price to Karratha Road Upgrade.

17

Page 20: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Risk Management No additional risk management implications anticipated to those mentioned within the officer reports to the Committee. Policy Implications REC07 - Tourism Voting Requirement Simple Majority Required Recommendation That Council endorse the recommendations of the Ashburton Tourism Committee Meeting held on 24 May 2016 and 21 June 2016, namely, that Council: 8.1 ASHBURTON TOURISM COMMITTEE TERMS OF REFERENCE

1. Change the name of the Committee from “Ashburton Tourism Committee” to “Ashburton Tourism Development Committee”.

2. Endorse the Ashburton Tourism Committee Terms of Reference ATTACHMENT

8.1 subject to the following modification:

(a) Change the objective from “To reduce Council’s financial dependency on mining” to “To identify and develop strategies to promote tourism so there is a positive impact at a regional level”.

8.2 TOURISM ACTIVITIES UPDATE AND FUTURE PLANNING

1. Note the officer report but not recommend on future tourism development planning issues at this point.

2. Schedule a workshop for the July Council Meeting day in consultation with the

Committee Chairperson.

Author: Neil Hartley Signature: Manager: Neil Hartley Signature:

18

Page 21: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

12. COMMUNITY DEVELOPMENT REPORTS

12.1 NOTICE OF MOTION – REQUEST FOR DONATION TO BINDI BINDI ABORIGINAL COMMUNITY ONSLOW

FILE REFERENCE: CR01 AUTHOR’S NAME AND POSITION:

Lynnette O'Reilly Executive Manager Community Development

NAME OF APPLICANT/ RESPONDENT:

Cr Cecilia Fernandez

DATE REPORT WRITTEN: 27 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 17.1 (Notice of Motion) – Ordinary Meeting of Council 21 June 2016

Summary Cr Fernandez has lodged a Notice of Motion (Ordinary Meeting of Council 21 June 2016). “That the Council consider as part of its 2016/17 budget, the provision of funds for a small playground (say $50-100,000) in Bindi Bindi, Onslow. Whilst it is appreciated that Bindi Bindi is in effect, private property, there are several families and a reasonably large number of children residing there. I understand the parents of those children in that community would prefer their children to be playing close to their homes and families, in a safe and familiar location. It might not be possible for the Shire to pay for and install the playground if the land is not generally available for the wider public's use. If that is the case, then I ask that Council consider a donation to the Bindi Community to pay for or assist it in funding and installing such a children's playground facility.” The Shire President noted that this matter would be referred to officers for a report, which will be put before Council at the earliest reasonable opportunity. A review of the availability of nearby existing parks, the cost of several recently provided playgrounds, and the collection of anecdotal evidence on the numbers of children presently residing in Bindi Bindi was undertaken and it is considered that it would be appropriate to address the question by offering the opportunity for the Bindi Bindi community to apply for funds under existing Council Policy REC08. Background Bindi Bindi Aboriginal Community is located on Crown Reserve 23706 with management of the Reserve vested to the Bindi Bindi Aboriginal Community. The Reserve is not a series of small freehold lots for each house like that of a residential subdivision, rather it is all held by the aboriginal community/corporation, with only the roads excluded. The corporation in

19

Page 22: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

essence is an ‘in-town community’ and the Shire does not have any management or other authority over the land. Comment The land identified as potentially being appropriate for a playground is adjacent to the existing basketball court within the community. None of this land (or management of) is held by the Shire and as such the Shire cannot construct or install anything on private land without the land owner’s permission. Bindi Bindi have thus far, not sought for the Shire to construct a playground within its community. Additionally, consideration would need to be given to the ongoing maintenance required for a playground and who/which organisation would have responsibility for costs and authority to ensure all equipment was maintained to the appropriate standards. As comparable examples, the following playgrounds have been installed in the past few years:

• Vic Hayton Memorial Swimming Pool - $110,000 installed 2012 medium size (not including shade shelter, which is a custom made shade sail).

• Paraburdoo Shopping Mall - $90,000 installed 2015 small size (included a small triangle shade sail).

• Lions Park Tom Price - $250,000 installed 2015 large size (not including the very large pre-existing shade cover in steel).

• Clem Thompson Sports Pavilion - $350,000 large nature playground (included a few triangle shade sails).

Shade sails would not be recommended in Onslow due to cyclones, therefore a steel cyclone rated canopy for shade would need to be considered. A solid steel cyclone rated structure would likely cost in the vicinity of $50 -$100,000 depending on the size of playground installed. Lighting is another consideration required to ensure safe usage of the playgrounds during the evenings. The above costs associated with the purchase and installation of the playgrounds listed already had lighting or power supply to the playgrounds before upgrades were undertaken, except the Nature Playground in Tom Price which is located next to the oval, obtaining light from the oval lights when sports are being played. Costing for lighting would need to be obtained so a reasonable estimate could be offered. Additionally, ongoing maintenance costs would need to be considered, which would include annual audit, repairs to any damage, plus normal wear and tear. Potentially $5 - $10,000 would be required annually for maintenance. Based on these examples, as a minimum, a small playground, with a steel shade could cost anywhere from $140,000 to $190,000 plus cost of lights and annual maintenance and ongoing costs. Council should consider that currently in Onslow, there are a number of new parks/playground equipment available to children from the Bindi Bindi Aboriginal Community to access and which are currently well utilised by children of all ages, from Bindi Bindi Aboriginal Community as well as the broader community. The following parks and facilities are within walking distance from Bindi Bindi Aboriginal Community:

20

Page 23: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

• New skate park – approximately 800m • New Multi-Purpose Courts/Basketball Courts – approximately 1km • Playground, Water Spray Park and Thalanyji Oval – approximately 800m • Fitness equipment on First Avenue – approximately 1.2km

Future planning will result in there being two new parks in the Barrarda Estate with one park containing a playground; the playground is contingent on housing development creating demand so may not eventuate for a couple years. Council do have an option of providing full or part grant funding for a playground, which could be funded under REC08 Community Donations, Grants and Funding, Section 5:Other Donations – Major Events/Projects providing sufficient additional funding was budgeted to accommodate the substantial costs. Under the requirements of this policy an application would need to be applied for in the March application round by Bindi Bind Aboriginal Community for consideration for the following year’s budget. Consultation Executive Manager Community Development Executive Assistant Community Development Facilities Manager Temporary Project Officer Note – the Bindi Bindi Community have not thus far provided any comment on the proposal. Statutory Environment There are no statutory impediments. Financial Implications Funding has not been included in the 2016/2017 budget being considered. Ongoing maintenance and repairs of the playground also needs to be given consideration (for whomever will be responsible). Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 01 – Vibrant and Active Communities Objective 01 - Connected, Caring and Engaged Communities Objective 02 – Active People, Clubs and Associations Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications Confirmation that a donation request from Bindi Bindi Aboriginal Community under Policy REC08 Community Donations, Grants and Funding would meet the requirement “to show a direct and substantial benefit to residents within the Shire of Ashburton”. Voting Requirement Simple Majority Required

21

Page 24: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Recommendation That Council agrees to consider an application by Bindi Bindi Aboriginal Community, should one be made, as per Section 5 of Policy RECO8 Community Donations, Grants and Funding for a cash donation for the purchase and construction of a new playground, provided funding from other third party sources (e.g. Lotteries Commission) has also been sought and ongoing maintenance responsibility remains with the Bindi Bindi Aboriginal Community. Author: Lynnette O'Reilly Signature: Manager: Neil Hartley Signature:

22

Page 25: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

13. CORPORATE SERVICES REPORTS

13.1 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF MAY 2016 & JUNE 2016

FILE REFERENCE: FM03 AUTHOR’S NAME AND POSITION:

Freemond Ng Finance Manager

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 1 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary In accordance with Regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Statement of Financial Activity for consideration by Council. Background Regulation 34 of the Local Government (Financial Management) Regulations requires the Shire to prepare a monthly statement of Financial Activity for consideration by Council. Comment This report presents a summary of the financial activity for the following month: May 2016

• Statements of Financial Activity and associated statements for the Month of May 2016.

ATTACHMENT 13.1A

June 2016

• Schedule of Accounts and Credit Cards paid under delegated authority for the Month of June 2016.

13.1B

23

Page 26: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Consultation Executive Manager - Corporate Service Executive Management Team Finance Manager Finance Coordinator Finance Officers Consultant Accountant Statutory Environment Section 6.4 Local Government Act 1995, Part 6 – Financial Management, and regulation 34 Local Government (Financial Management) Regulation 1996. Financial Implications Financial implications and performance to budget are reported to Council on a monthly basis. Strategic Implications Shire of Ashburton 10 year Community Strategic Plan 2012-2022 Goal 5 - Inspiring Governance Objective 4 - Exemplary Team and Work Environment Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications There are no policy implications in this matter. Voting Requirement Simple Majority Required Recommendation That Council:

1. Accepts the Financial Reports for May 2016 ATTACHMENT 13.1A; and 2. Notes the Schedule of Accounts and Credit Cards paid in June 2016 as approved by

the Chief Executive Officer in accordance with delegation DA03-1 Payments from Municipal Fund and Trust Funds as per ATTACHMENT 13.1B.

Author: Freemond Ng Signature: Manager: Frank Ludovico Signature:

24

Page 27: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

13.2 2016 REVIEW OF DELEGATIONS OF AUTHORISATIONS, COUNCIL APPROVAL AUTHORISATIONS

FILE REFERENCE: GV01.17

FM07.16.17 AUTHOR’S NAME AND POSITION:

Leanne Lind Governance and Policy Consultant

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 19 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 13.3 (Minute Number: 11766 – Ordinary Meeting of Council 19 March 2014 Agenda Item 13.2 (Minute Number 11806) – Ordinary meeting of Council 21 May 2014 Agenda Item 13.3 (Minute Number 11835) – Ordinary Meeting of Council 16 July 2014 Agenda Item 13.2 (Minute Number 11981) – Ordinary Meeting of Council 15 July 2015

Summary The 2016 review of the Delegations of Authorisation and Council Approval Authorisations registers has been undertaken to address suggested/required changes to existing delegations and the introduction of new delegations with the view to improving the day to day functioning of the Shire. Background The last review of the Delegations and Authorisations registers occurred at the Ordinary Council Meeting in July 2015. Since then for example, minor changes in staff have occurred within the Shire and legislative and administrative changes occurred. This review of delegations and authorisations from Council forms part of the annual and constant review process of the Shire to ensure that the internal procedures of the organisation reflect efficient but accountable practices. Comment There are no suggested changes to the Approval Authorisations Register. The Delegations of Authority Register has modifications “track-changed” where applicable. Most changes are minor and most relate to changes of officer titles and adding/deleting officers to reflect new/changed responsibilities, however the notable changes for Council’s particular reference are:

1. DA06-1 has been modified to meet the Local Government (Functions and General) Amendment Regulations 2015 amended regulation 11A tender value (i.e. now $150,000);

25

Page 28: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

2. DA06-8 has been amended to include the settlement of leases/licenses for Shire

facilities, which exist on Crown Land or land controlled by a third party, by the CEO under delegation (thus allowing the take up of peppercorn/nominal value leases from the Crown/RTIO, generally for community services like Shire Dog Pounds, Bush Fire Brigades, and SES, etc);

3. DA8-1 was adopted by Council at the 2016 March OCM; and

4. DA09-2 has been amended to include the donation of goods and services by the

CEO for events within the Shire (thus allowing for the provision of for example, free use of tables/chairs and free use of refuse disposal facilities, noting that there needs to be a budget allocation provided to accommodate the “donation”).

ATTACHMENT 13.2A ATTACHMENT 13.2B

Consultation Chief Executive Officer Executive Manager - Corporate Services Department of Local Government WA Local Government Association Statutory Environment The following section of the Local Government Act 1995 applies: Section 5.18 states that ‘A local government is to keep a register of the delegations made under this Division and review the delegations at least once every financial year.’ Section 5.42 Delegation of some powers and duties to CEO (1) A local government may delegate* to the CEO the exercise of any of its powers or

the discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5). * Absolute majority required. Financial Implications There are no financial implications in this matter. Strategic Implications Shire of Ashburton 10 year Community Strategic Plan Goal 5 - Inspiring Governance Objective 3 - Council Leadership Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “High”. The high level of risk is being driven by the high financial values. It is considered that the likelihood of a risk event occurring will be “rare”, but none-the-less, as a high risk matter, the Chief Executive Officer and the Executive Team will monitoring delegation activities. Policy Implications Not Applicable

26

Page 29: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Voting Requirement Absolute Majority Required Recommendation That Council adopt the Delegations of Authority Register as per ATTACHMENT 13.2A, and the Approved Authorisations as per ATTACHMENT 13.2B as part of the 2016 annual review.

Author: Leanne Lind Signature: Manager: Frank Ludovico Signature:

27

Page 30: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

13.3 EXTRAORDINARY ELECTION TOM PRICE WARD FILE REFERENCE: GV03 AUTHOR’S NAME AND POSITION:

Deborah Cleary Administration Manager

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 1 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Not Applicable

Summary Cr Tony Bloem has given notice of his resignation from his Office of Councillor for the Tom Price Ward. Cr Bloem will be in attendance as a Councillor at the July Council Meeting, with his last day as an elected representative of the Tom Price Ward being 21 July 2016. The “effective date” for the calculation of the Extraordinary Election is 21 June 2016 (the date the resignation was received). It is proposed that Council request the Electoral Commission conduct an Extraordinary Election for the vacant position, which will be conducted on Thursday, 20 October 2016. This is the latest possible date for the election and allows ample time for the electoral requirements to be complied with. Background Cr Tony Bloem resigned from his Office of Councillor for the Tom Price Ward effective from 21 June 2016, with his last day as an official elected representative of the Tom Price Ward being 21 July 2016. The Shire President pursuant section 4.9(1) of the Local Government Act, has endorsed the date for the Extraordinary Election, being Thursday, 20 October 2016. This is the latest possible date for the election, which is four months after the resignation was lodged, and allows ample time for the electoral requirements to be complied with. It is necessary for the Council to confirm, pursuant section 4.61 (2) of the Local Government Act, that it wishes the election to be managed with external resources, and whether it be a postal election. It is proposed that Council request the Electoral Commissioner’s approval, pursuant section 4.20 (4) of the Local Government Act, to conduct the extraordinary election to fill the position by a postal vote. Comment In normal circumstances the extraordinary election must be held within four months of the vacancy occurring. In this case that means by 20 October, 2016. In order to maintain the highest levels of accountability, it is proposed that Council continue with its past practice of seeking that the election be undertaken by the Western Australian Electoral Commissioner and that it be a postal election.

28

Page 31: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Consultation Chief Executive Officer Executive Manager – Corporate Services Statutory Environment Local Government Act Part 4 (Elections and Other Polls) outlines the regulations and other rules relating to Extraordinary Elections. The Extraordinary Election needs to be conducted under the relevant provisions of the Local Government Act 1995 and the Local Government (Electoral) Regulation. The legislative requirements are complex and require careful interpretation to ensure compliance and to avoid grounds for a disputed election result. In particular, there are numerous timeline requirements to be met. The Council is required to make formal decisions to appoint the Electoral Commissioner and to conduct the postal election. Financial Implications A provision of $15,000 has been made in the draft 2016/17 Budget for an extraordinary election. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 – Inspiring Governance Objective 3 – Council Leadership Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Medium” risk and will be managed by specific monitoring and response procedures. Policy Implications There are no policy implications for this matter. Voting Requirement Absolute Majority Required Recommendation That Council note that an extraordinary election will be held for one vacancy for the Tom Price Ward on Thursday, 20 October 2016 and -

(a) declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Western Australian Electoral Commissioner to be responsible for the conduct of the extraordinary election; and

(b) decides, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the extraordinary election will be as a postal election.

Author: Deborah Cleary Signature: Manager: Frank Ludovico Signature:

29

Page 32: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

13.4 ADOPTION OF DRAFT 2016/17 BUDGET – SPECIAL MEETING FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Frank Ludovico Executive Manager, Corporate Services

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 5 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 13.4 (Minute No. 11949) – Ordinary Meeting of Council 20 May 2015 Agenda Item 13.3 (minute No 12106) – Ordinary Meeting of Council 21 June 2016.

Summary In the workshop prior to this Council meeting it is anticipated Council will review the Draft 2016/17 Budget. Following on from that workshop the Budget will need to be converted into the statutory format and be considered and adopted by Council. It is proposed to hold a Special Meeting of Council by instantaneous communications (tele-conference) so Council can formally adopt the 2016/17 Budget. Background In the workshop prior to this Council meeting it is anticipated Council will review the Draft 2016/17 Budget. Following on from that workshop the Budget will need to be converted into the statutory format and be considered and adopted by Council. This item proposes to hold a Special Meeting of Council by instantaneous communications (tele-conference) so Council can formally adopt the 2016/17 Budget. Comment It would be appropriate to adopt the 2016/17 Budget as soon as possible so rate notices can be issued and Council programs and services can be deployed. Consultation Chief Executive Officer Executive Managers Department of Local Government Statutory Environment The following regulations of the Local Government (administration) Regulations 1996 apply: Regulation 14A enables Council to conduct Council meeting by Tele-conference if a person is in a suitable place, and Council has approved of the meeting by absolute majority.

30

Page 33: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

A suitable place is defined as a place that the Council has approved as a suitable place and is located in a townsite or other residential area; and is located over 150km of the physical location of the meeting (i.e. Councillors within 150km of the physical location of the meeting cannot participate via teleconference). A townsite has the same meaning given to that term in the Land Administration Act 1997 section 3(1). Financial Implications The cost of the meeting will be met from normal operational funds. The early adoption of the 2016/17 Budget will enable Council to proceed with the deployment of its programs and services. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 5 - Inspiring Governance Objective 4 - Exemplary Team and Work Environment. Risk Management Adoption of this item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered “High”. As a high risk matter, the Executive Manager of Corporate Services will monitor progress. The major risk in not adopting the Draft 2016/17 Budget is in limiting our ability to provide services and facilities in 2016/17 and the future. Policy Implications There are no policy implications in this matter. Voting Requirement Absolute Majority Required

31

Page 34: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Recommendation That Council convenes a Special Meeting of Council at Onslow Multi-Purpose Centre, corner of McGrath Rd and Hooley Rd Onslow on Thursday 28 July 2016 (commencing at 7.00 pm) for the purpose of determining the 2016/17 Annual Budget and its components and also, approves the use of instantaneous communications for the Special Meeting in the following locations: Location Councillors Onslow Multi-Purpose Centre, corner of McGrath Rd and Hooley Rd Onslow

Cr K White

Tom Price Council Chambers, Central Rd, Tom Price

Cr C Fernandez Cr P Foster Cr L Thomas

Ashburton Hall, Ashburton Ave, Paraburdoo Cr L Rumble Cr D Dias

Pannawonica Library, Pannawonica Drive, Pannawonica

Cr M Gallanagh

***To be selected at the Council Meeting*** Cr G Dellar

Author: Frank Ludovico Signature: Manager: Neil Hartley Signature:

32

Page 35: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

13.5 NOTICE OF MOTION - CHANGES TO FIN04 BUY LOCAL – REGIONAL PRICE PREFERENCE POLICY

FILE REFERENCE: GV20 AUTHOR’S NAME AND POSITION:

Nicole Tyson Acting Procurement Coordinator

NAME OF APPLICANT/ RESPONDENT:

Cr Cecilia Fernandez

DATE REPORT WRITTEN: 2 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Ordinary meeting of Council 18 November 1997 Ordinary Meeting of Council 16 June 2010 Agenda 11.3 (Minute No. 11312) – Ordinary Meeting of Council 17 October 2012 Agenda 13.1 (Minute No. 11875) - Ordinary Meeting of Council 19 November 2014 Agenda 17.1 – Ordinary Meeting of Council 24 May 2016 Agenda Item 17.1 (Notice of Motion) – Ordinary Meeting of Council 24 May 2016

Summary At the Ordinary Meeting of Council held on 24 May 2016 Cr Cecilia Fernandez raised the following Notice of Motion: “Request the CEO to prepare a report on Buy Local Policy to increase the support to local business and review current Shire policies on this matter – purchase and tender of services including comparison of products and services such as chemicals, pool products, stationary, cleaning products and furniture. Request a comparison of prices for the above products (with local providers) that the Shire has bought in the last two years.” The FIN04 Buy Local – Regional Price Preference Policy was reviewed by the Executive Management Team and the changes recommended to better align with the Local Government legislation. The Policy provides a price preference opportunity for local contractors when tendering or quoting on Shire works, and which in turn benefits the entire local community. The purpose of this Agenda Item is to recommend that the FIN04 Buy Local – Regional Price Preference Policy amendments be adopted by Council. In relation to addressing the product comparisons with local suppliers, the outcome of this will be made available to Councillors under separate cover. To address the core of the issue, the CEO has issued a Directive to staff with purchasing authority to use all reasonable avenues to buy local, prior to accessing quotes or prices from outside district sources.

33

Page 36: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Background The Local Government (Functions and General) Regulations 1996 provide opportunity for a local government to establish a Regional Price Preference Policy. The Shire of Ashburton Buy Local – Regional Price Preference Policy recognises that it has a role in the economic development of the local community and is committed to supporting local businesses, provided they are competitive with respect to the quality of their workmanship or product, customer service, delivery and price. Comment The FIN04 Buy Local – Regional Price Preference Policy was reviewed by the Executive Management Team and the changes recommended to better align with the Local Government legislation. The Policy provides a price preference opportunity for local contractors when tendering or quoting on Shire works, and which in turn benefits the entire local community. In order to expedite the process following the advertising period required to make changes to Policy FIN04, it is recommended that the Policy be approved by Council if no submissions are received. The Shire President can then be asked to endorse by her signature, the Policy at that time. A copy of the amended FIN04 Buy Local – Regional Price Preference Policy is attached for Council’s consideration.

ATTACHMENT 13.5

In relation to addressing the remainder of the request, Procurement Unit has initiated product comparisons with local suppliers. The outcome of this will be available prior to the Council meeting under separate cover. In regard to smaller day-to-day purchases and to address the crux of the issue, the CEO has issued a Directive to staff with purchasing authority, to use all reasonable avenues to source local pricing, prior to accessing quotes or prices from outside shire sources. Consultation Chief Executive Officer Executive Management Team WALGA – Procurement Manager Statutory Environment In accordance with Section 24F of the Local Government (Functions and General) Regulations 1996, the policy cannot be applied until the local government gives statewide notice that it has adopted the policy. The local government is also to ensure that a copy of the policy is included with any specifications for tenders to which the policy applies. Council is advised that this policy applies to tenders and general purchases. Financial Implications It is not possible to quantify the value of financial preferences given to local suppliers; however its impact on the Shire’s total budget could be materially significant.

34

Page 37: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 2 – Enduring Partnerships Objective 01 – Strong Local Economies Objective 02 – Enduring Partnerships with Industry and Government Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Medium”. The medium level of risk is being driven by the high compliance requirements and the timing of several project schedules. It is considered that the likelihood of a risk event occurring is “Unlikely” but it will be managed by specific monitoring and response procedures, overseen by the relevant Senior Managers. Policy Implications Council Policy FIN04 – Buy Local - Regional Price Preference Council Policy FIN12 - Procurement Voting Requirement Simple Majority Required Recommendation That Council:

1. Adopts FIN04 Buy Local – Regional Price Preference Policy as per ATTACHMENT 13.5;

2. Approves to advertise the adopted Policy FIN04: “Buy Local Regional Price

Preference Policy” In accordance with Section 24F of the Local Government (Functions and General) Regulations 1996;

3. Adopts FIN04 Buy Local Regional Price Preference Policy following the advertising

period should no submissions be received; 4. Notes that in regard to purchases below the tender threshold, the CEO has

addressed this matter by issuing a Directive to staff with purchasing ability to use all reasonable avenues to source local pricing, prior to accessing quotes or prices from outside district sources.

5. Notes that Officers are collecting product price comparisons for distribution to

Councillors under separate cover.

Author: Nicole Tyson Signature: Manager: Frank Ludovico Signature:

35

Page 38: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

14. DEVELOPMENT AND REGULATORY SERVICES REPORTS

14.1 PROPOSED MEMORANDUM OF UNDERSTANDING WITH DEPARTMENT OF FIRE AND EMERGENCY SERVICES FOR MANAGEMENT AND CONTROL OF BUSH FIRE BRIGADES AND BUSHFIRE RESPONSE IN THE PILBARA

FILE REFERENCE: ES02 AUTHOR’S NAME AND POSITION:

Neil Hartley Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 3 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in this matter

PREVIOUS MEETING REFERENCE:

Agenda Item 15 - Pilbara Regional Council Ordinary Meeting of Council 27 August 2015 Agenda Item 21 - Pilbara Regional Council Ordinary Meeting of Council 5 February 2016 Shire of Ashburton Bush Fire Advisory Committee Meeting 6 March 2016 Agenda Item 14.1 - Shire of Ashburton Ordinary Meeting of Council 26 April 2016

Summary The Pilbara Regional Council (PRC), in response to discussions at its Pilbara/Kimberley forum held in Darwin in 2015, formally approached the Department of Fire and Emergency Services (DFES) in late 2015 seeking to participate in a ‘transfer of control’ trial in the Pilbara region, similar to that which was recently undertaken in the Kimberley. The trial was expected to relate to the management and control of Bush Fire Brigades and bush fire response. In response to the PRC request, DFES drafted a Memorandum of Understanding (MOU) for the ‘Management of Bush Fire Brigades and Bush Fire and Emergency Services in the Pilbara Region of Western Australia’ for consideration by the five affected local governments (i.e. including Exmouth). Following a comprehensive assessment by local stakeholders, they ask that Council resolves not to enter into the MOU with DFES and that it retain all existing responsibility for the bush fire brigades, bush fire response and bush fire prevention activities within the Shire. Background DFES Superintendent Robert Cox and then Pilbara Region Superintendent John Newman visited Tom Price on 15 July 2014 where they met with Emergency Management Coordinator (EMC), Morgwn Jones and CEO, Neil Hartley briefly to discuss (amongst other things) the merits of the transfer of control trial for bush fire response that had taken place in the Kimberley. At this time, they also had a separate meeting with the Tom Price Volunteer

36

Page 39: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Bush Fire Brigade (Tom Price VBFB) where the concept was discussed, with an indication that more consultation would follow. The potential for Pilbara participation in a transfer of control trial has been discussed by PRC representatives on several occasions over the past year or so, resulting in an agenda item to the 27 August 2015 PRC meeting, where it agreed that DFES be asked to give its formal consideration of a trial in the Pilbara region. In response to the PRC request, DFES drafted a Memorandum of Understanding (MOU) for the ‘Management of Bush Fire Brigades and Bush Fire and Emergency Services in the Pilbara Region of Western Australia’ for consideration by the five affected local governments.

ATTACHMENT 14.1A The matter was referred to the local Bush Fire Brigade following the PRC’s resolution and it was a request of the Bush Fire Advisory Committee from their 6 March 2016 meeting, that Council not proceed any further with the MOU until further consultation was received from DFES. Comment Consultation with the Tom Price VBFB and pastoralists has been carried out by the Shire over the last few months with meetings held between the volunteers, pastoralists, DFES staff and the Shire. Pastoralists have indicated that they are happy with the current firefighting arrangements within the Shire where pastoralists liaise directly with the EMC or the Tom Price VBFB. Mt Florence Station (the Richardsons) advised:

“Bush Fire Management needs to be locally owned with local knowledge and experience. We do not agree with DFES taking control of Bush Fire Management for any reason. Morgwn Jones has worked hard to make himself known to pastoralists in the Shire and to spread the message that it is not an onerous task to obtain a permit or liaise with each other about fire control. He has established a relationship based on trust and understanding whereby we are able to burn at the time suits us and our purposes without interference very successfully.”

ATTACHMENT 14.1B ATTACHMENT 14.1C

These sentiments are shared by the Parsons at Coolawanyah Station and the Corkers at Red Hill & Yaraloola Stations. The general consensus from these land mangers is that they see no benefit to themselves from the proposed MOU or how it will improve the response to, or the management of, fires on pastoral lands. If there was to be a DFES Officer such as an Area Officer or a Community Emergency Services Manager based in the Shire of Ashburton where a higher, more personalised local level of service could be garnered there may be some merit to the MOU, however that is not proposed in the current MOU and the Tom Price VBFB (see letter attached) holds valid concerns about a CBFCO being based either in Karratha or Port Hedland.

ATTACHMENT 14.1D The service delivery outlined on page 4 of the Concept of Operations outlines that “DFES will provide an extra 3 formal visits to undertake drills with the Brigade, review the condition

37

Page 40: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

of plant and equipment and provide information on emergency services developments and initiatives and seek feedback on the progress of the trial. These visits will be in addition to regular ongoing communications and dialogue between the DFES CBFCO and the Brigade.”

ATTACHMENT 14.1E Whilst there are no doubt benefits to the proposal, like a universal approach across the Pilbara to firefighting, less risk against loss of local expertise, and a more direct link to DFES itself, the MOU could also lead to a disconnection with existing professional staff and the local brigade and also a loss of existing brigade membership. It is also important to note that it is generally much easier to contemplate the downsides of change than it is to see the potential benefits and as on this occasion the proposal is for a “Trial”, not a permanent change of practice, there would be merit in considering participation for the purpose of drawing out any of those advantages and disadvantages, before a final commitment is made. The Kimberley trial was for an example, a success according to the local governments of that area, however that may have been largely because of the less cohesive environment that existed in that region at the time. The Shire of Ashburton and the Tom Price VBFB on the other hand, do presently have an excellent relationship and operational understanding and therefore change might not be so warranted. In addition to the above responses from our key stakeholders, the Ferguson Report “Reforming Rural Fire Management”, Report of the Special Inquiry into the January 2016 Waroona Fire released on 23 June 2016 recommends (amongst other things):

“Rural Fire Capability:

Recommendation 15: The State Government to create a Rural Fire Service to enhance the capability for rural fire management and bushfire risk management at a State, regional and local level. The proposed Rural Fire Service will: • be established as a separate entity from the Department of Fire and Emergency

Services or, alternatively, be established as a sub-department of the Department of Fire and Emergency Services;

• have an independent budget; • be able to employ staff; • have a leadership structure which, to the greatest degree possible, is regionally

based and runs the entity; • be led by a Chief Officer who reports to the responsible Minister on policy and

administrative matters; and to the Commissioner for Fire and Emergency Services during operational and emergency response;

• have responsibilities and powers relating to bushfire prevention, preparedness and response; and

• operate collaboratively with the Department of Fire and Emergency Services, the Department of Parks and Wildlife, Local Government and volunteer Bush Fire Brigades.

In creating the Rural Fire Service, the State Government to consider whether back office and corporate support services could be effectively provided by an existing Department, such as the Department of Fire and Emergency Services or the Department of Parks and Wildlife.

38

Page 41: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

The State Government to review the creation of the Rural Fire Service two years after its establishment, to assess whether its structure and operations are achieving the intended outcome.

These recommendations will likely have a bearing on the future structure of Bush Fire Response and Management in Western Australia moving forward. As major stakeholders in relation to bush fire response activities in the Shire of Ashburton, the views of the Tom Price VBFB and Pastoralists are important in the consideration of any changes to the current arrangements as they are the people ‘on the ground’ who help to execute the functions of the Bush Fires Act 1954 on the behalf of the Shire of Ashburton. The pastoralists and Tom Price VBFB have indicated that they would prefer to retain the current systems, which it argues provides good degrees of certainty and good local capacity for control/intervention. In light of the advice from the Tom Price VBFB and local pastoralists regarding their concerns about the proposed MOU, and the recent recommendations regarding the establishment of a rural fire service in the Ferguson Report, it is suggested that notwithstanding any benefits that such a trial might draw out, that Council agree to maintain the existing arrangements for the management of the Shire’s bush fire brigade/s and bush fire response activities and decline the opportunity to become a signatory of the MOU between Member Councils of the PRC and DFES (for the purposes of ‘Management of Bush Fire Brigades and Bush Fire and Emergency Services in the Pilbara Region of Western Australia’). Consultation Tom Price VBFB Members Bush Fire Advisory Committee Members Shire of Ashburton Pastoralists Association of Volunteer Bush Fire Brigades Department of Parks & Wildlife Tom Price Private Volunteer Fire & Rescue Service Representatives Paraburdoo Private Volunteer Fire & Rescue Service Representatives Shire of East Pilbara CBFCO Town of Pt. Hedland CBFCO City of Karratha CBFCO Shire of Exmouth CBFCO DFES Superintendent Pilbara John Newman DFES Area Officer Pilbara Wayne Cooke Executive Manager, Development and Regulatory Services Chief Executive Officer Statutory Environment Bush Fires Act 1954 Financial Implications There are no financial implications for this matter. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 4 – Distinctive and Well Serviced Places Objective 2 - Accessible and Safe Towns

39

Page 42: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources Policy Implications If Council elects to sign the MOU and participate in the trial, the Shire’s Bush Fire Policy will need to be amended to reflect the updated responsibilities as relates to the brigade and bush fire response activities. Voting Requirement Simple Majority Required Recommendation That Council declines the offer to become a signatory of the MOU ‘Management of Bush Fire Brigades and Bush Fire and Emergency Services in the Pilbara Region of Western Australia’ between relevant local governments of the region and the Department of Fire Emergency Services.

Author: Neil Hartley Signature: Manager: Neil Hartley Signature:

40

Page 43: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

15. INFRASTRUCTURE SERVICES REPORTS

15.1 NOTICE OF MOTION - REQUEST FOR INVESTIGATION INTO THE PROVISION OF A ZEBRA CROSSING ON CENTRAL ROAD, TOM PRICE

FILE REFERENCE: RD07 AUTHOR’S NAME AND POSITION:

Nasir Shah Manager Technical Services

NAME OF APPLICANT/ RESPONDENT:

Cr Cecilia Fernandez

DATE REPORT WRITTEN: 24 June 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 17.3 (Notice of Motion) – Ordinary Meeting of Council 21 June 2016

Summary At the Ordinary Council Meeting held on 12 June 2016, Cr Fernandez tabled the following Notice of Motion. ”Request the CEO to present to Council the process and cost for approval of a Zebra Crossing between Tom Price Library and Tom Price Shopping Mall as a response to the petition collected at the Tom Price Post Office and presented by Cr Fernandez a few months ago. The Post Office Manager contacted Main Roads for advice and was told that this is a Shire matter.” The installation of a zebra crossing requires the approval of Main Roads Western Australia (MRWA). MRWA have established warrants (specific conditions) for the installation of a zebra crossing that the Shire would have to prove before approval would be given. Preliminary investigations have shown these warrants cannot be met. Background At the Ordinary Council Meeting held on 12 June 2016, Cr Fernandez tabled the following Notice of Motion.

“Request the CEO to present to Council the process and cost for approval of a Zebra Crossing between Tom Price Library and Tom Price Shopping Mall as a response to the petition collected at the Tom Price Post Office and presented by Cr Fernandez a few months ago. The Post Office Manager contacted Main Roads for advice and was told that this is a Shire matter.”

Comment MRWA has advised that in order to gain an approval for the installation of a zebra crossing, the Shire of Ashburton must lodge an application which satisfies the minimum warrants/conditions set by Main Roads. The minimum warrant is as follows:

41

Page 44: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

“A zebra crossing may be considered if in two separate hours on an average weekday:

1. The number of pedestrians crossing in close proximity of the site (generally

within 30 m) exceeds 60 per hour; and 2. the number of vehicles exceeds 600 per hour (total both directions); and 3. The product of the number of pedestrians crossing and vehicles (as per #’s1

and 2 above) passing the site exceeds 90,000 in the same hour.” All three conditions must be met to satisfy the warrant. For example, if condition #1 is satisfied (at least 60 pedestrians), then condition #2 must realise a minimum of 1,500 vehicles in order to satisfy condition #3. In order to gain a preliminary appreciation of the volumes of pedestrians and vehicles around the subject site, a pedestrian and vehicle survey was conducted on Tuesday, 25 June 2016 between 12.30 pm and 3.30 pm. The survey location was in front of the Library/Visitor Information Centre. It should be noted that this survey period incorporated lunch time traffic and coincided with school closing. The survey results are shown below.

Date of Survey - Tuesday 28 June 2016 Weather Conditions - Fine Temperature - 23 degrees

Time Period (pm)

Number of pedestrians (p)

Rolling hourly

summary Number of vehicles (v)

Rolling hourly

summary Product ( p x v)

12.30 – 12.45 28 57 12.45 – 1.00 27 37 1.00 – 1.15 22 54 1.15 – 1.30 26 103 46 194 1.30 – 1.45 10 85 52 189 1.45 – 2.00 13 71 50 202 2.00 – 2.15 23 72 65 213 2.15 – 2.30 55 101 79 246 2.30 – 2.45 17 108 64 258 2.45 – 3.00 14 109 51 259 28,231 3.00 – 3.15 22 108 70 264 3.15 – 3.30 13 66 43 228

It can be seen in the table that the highest number of pedestrians crossing the road (109) was recorded in the hour from 2.00 to 3.00pm with the highest vehicle volume (259) also recorded in the same hour. Whilst the pedestrian element of the warrant has been met, the vehicle volume and the product has not. Using the pedestrian volume of 109, and remembering the product of the pedestrian and vehicle volumes must exceed 90,000, there would need to be a minimum of 825 vehicles recorded (90,000 ÷ 109 = 825) The survey only recorded 259 vehicles present. Using the vehicle volume information and applying the same equation there would have to be a minimum of 347 pedestrians present to meet the 90,000 condition. (90,000 ÷ 259 = 347). The survey only recorded 109 pedestrians present.

42

Page 45: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

The Shire has no record of a community petition being received. Consultation Executive Manager Infrastructure Services Network Operations Manager (Pilbara Region) – Main Roads Western Australia Statutory Environment Main Roads Act 1930 and Road Traffic Code 2000 Financial Implications Not Applicable Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 04 – Distinctive and well serviced places Objective 02 – Accessible and safe towns Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “Low” risk and can be managed by routine procedures, and is unlikely to need specific application of resources. Policy Implications There are no policy implications for this matter. Voting Requirement Simple Majority Required Recommendation That Council note this report and the insufficient volumes of pedestrians and vehicle traffic to meet the warrants for a zebra crossing on Central Road, Tom Price.

Author: Nasir Shah Signature: Manager: Troy Davis Signature:

43

Page 46: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

16. STRATEGIC AND ECONOMIC DEVELOPMENT REPORTS

16.1 NOTICE OF MOTION – REVIEW OF ONSLOW AIRPORT CAMP FILE REFERENCE: GV04 AUTHOR’S NAME AND POSITION:

Anika Serer Executive Manager Strategic & Economic Development

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 5 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 19.1 (Minute No. 11871) – Ordinary Meeting of Council 15 October 2014 Agenda Item 16.3 (Minute No. 11832) – Ordinary Meeting of Council 16 July 2014 Agenda Item 18.2 (Minute No. 11756) – Ordinary Meeting of Council 19 February 2014 Agenda Item 18.1 (Minute No. 11629) – Ordinary Meeting of Council 21 August 2013 Agenda Item 17.2 (Notice of Motion) – Ordinary Meeting of Council 21 June 2016

Summary At the Ordinary Council Meeting held on 21 June 2016, Cr Cecilia Fernandez tabled the following Notice of Motion in regard to the Onslow Airport Camp: “Request the CEO to provide to Council all information related to the Onslow Airport Camp, Including cost and income for the last 12 months, possible scenarios of future use and recommendations for immediate actions to address high cost.” A report on the cost and income of the camp, projected demand and alternative accommodation solutions are provided for Council’s consideration. Background The Onslow Airport Camp was developed to provide temporary accommodation facilities in order to respond to accommodation issues which were restricting the delivery of critical community projects in Onslow. Whilst the resources sector had created a high demand for local accommodation and consequent increase in both capital and rental accommodation prices within the local market, major infrastructure projects proposed to be commenced within Onslow created yet further demand and uncertainty about the ability to deliver them. In response to these issues and the need to ensure that accommodation was available to house workers associated with the proposed infrastructure projects, the Shire resolved to establish the Onslow Construction Camp.

44

Page 47: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Established as a 100 unit facility in 2012 to initially provide immediate accommodation for the development of the Onslow Aerodrome and other major projects within Onslow, the facility quickly became an accommodation option for other visitors to Onslow and Shire staff. The last two years has seen a dramatic reduction in demand for accommodation. Whilst this was not unanticipated due to the completion of construction obligations at the Onslow Aerodrome, development by others in the area has continued and created uncertainty about the ongoing availability of accommodation necessary for the Shire to maintain its operations. At the Ordinary Council Meeting held on 15 October 2014, it was resolved to demobilise part of the camp and reduce the number of accommodation units to approximately 30, in order to reduce the operating deficit for the camp:

“That Council:

1. Acknowledge that no conforming tenders were received for RFT 25/14: Disposal by Way of Lease Onslow Construction Camp closed on 22 September 2014, and a contract will not be awarded;

2. Authorise the Chief Executive Officer to reduce the size of the Onslow Construction Camp as soon as possible to no more than 30 accommodation modules and the minimum necessary facilities (kitchen, office, laundries, etc), acknowledging that funds for this activity to continue to operate at its current capacity has not been provided for in the 2014/15 budget;

3. Authorise the CEO to negotiate satisfactory off-site arrangements for Shire accommodation in Onslow suitable to the Shire’s expected longer term needs

4. If a successful negotiation of alternative accommodation can be secured, proceed with the demobilisation of the remaining camp facilities. Alternatively if negotiations are unsuccessful, call relevant tenders for the continuation of the Airport Camp at minimal accommodation unit numbers (approximately 30) as a medium term accommodation facility for Shire staff and Shire Contractors; and

5. That the additional net costs for the Camp, including demobilisation expenses, be monitored and addressed at the mid-year budget review.”

A Request for Tender was called for the part demobilisation and reduction of the camp in December 2014, and the works were completed in February 2015. A further review of occupancy rates, forecast demand and financial implications since reduction of the camp has now been carried out and is provided for Council’s information. Comment When the camp was reduced in capacity in early 2015, the Shire’s forecast demand for accommodation (and availability from alternative sources) was uncertain in the short-to-midterm. The Shire was planning the construction of a number of community infrastructure projects including the Multipurpose Courts, Ocean View Caravan Park redevelopment, Shire Complex, Skate Park and Swimming Pool. In addition to this, state agencies were planning other critical infrastructure projects such as the Ring Road, Hospital upgrade and Water Mains upgrade, all of which required accommodation for contractors. Chevron’s Wheatstone project also ramped up in 2015, requiring additional accommodation in the Onslow town site and reducing the availability of alternatives that would provide the certainty required by the Shire and state agencies for their own needs. During this period Officers were unable to successfully negotiate alternative accommodation and hence the camp continued operation in its reduced format.

45

Page 48: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Most of the community infrastructure projects are now either completed or underway, and a review of the camp’s occupancy rates over the last three months indicates that it is experiencing very low demand:

Airport Camp Date Occ # Availability Vacant % of Availability

1/3/16 - 6/3/16 34 245 211 86% 7/3/16 - 13/3/16 46 245 199 81% 14/3/16 - 20/3/16 55 245 190 78% 21/3/16 - 27/3/16 23 245 222 91% 28/3/16 - 3/4/16 29 245 216 88% 4/4/16 - 10/4/16 40 245 205 84% 11/4/16 - 17/4/16 105 245 140 57% 18/4/16 - 24/4/16 126 245 119 49% 25/4/16 - 1/5/16 36 245 209 85% 2/5/16 - 8/5/16 24 245 221 90% 9/5/16 - 15/5/16 44 245 201 82% 16/5/16 - 22/5/16 31 245 214 87% 23/5/16 - 29/5/16 110 245 135 55% 30/5/16 - 5/6/16 38 245 207 84% 6/6/16 - 12/6/16 26 245 219 89%

13/6/16 - 20/6/16 41 245 204 83%

21/6/16 - 26/6/16 40 245 205 84% 27/6/16 - 3/7/16 52 245 193 79%

If the above several month period can be used as an accurate guide to the future, the demand for the camp in the immediate future may not increase unless broader accommodation conditions unexpectedly change, such as an intense construction program at Wheatstone or increased demand from other users or agencies. A financial review of the camp has also been conducted, comparing expenditure and income for the 2014/15 and 2015/16 financial years:

46

Page 49: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

EXPENDITURE 2014/15 2015/16 Accommodation Unit Hire $ 1,067,350 $ 640,634 Camp Management Expenses $ 819,980 $ 676,465 Demobilisation Costs $ 181,448 $ - Salaries and Wages $ 50,188 $ 21,778 Insurance $ 17,811 $ 8,857 Operational Costs $ 647,613 $ 393,803 Minor Assets $ 60 $ - Administration Allocation $ 16,745 $ 55,140 Total Expenditure $ 2,801,195 $ 1,796,677 INCOME -$ 1,685,215 -$ 667,030 TOTAL COST $ 1,115,980 $ 1,129,647

The table highlights that, despite the operating cost of the camp reducing by $1,004,518 (36%) in 2015/16, the comparable income has also reduced by $1,018,185 (60%). This has resulted in the net cost to the Shire to operate the camp increasing overall by $13,667, despite the reduction in the number of hired accommodation units and downscaling of other hired equipment such as generators. Alternative accommodation has also been investigated, with the following options currently available to the Shire (noting that this may change during peak or high-demand periods):

1. Shire Transit House – the four bedroom transit house has averaged around 80% availability over the last three months, with rooms generally not used for more than a week at a time. It is noted that the house does not have capacity to meet the Shire’s peak demand (such as Council Meetings, events, etc) but may be utilised more for transit needs;

2. Discovery Park – comparable accommodation to the Camp is available at most times, and is a similar price per night including all meals (noting that rates may change without notice);

3. Onslow Sun Chalets – range of basic accommodation offered from $185 - $245 per night with some availability on short notice. Meals are not included in the tariff;

4. Beadon Bay Hotel – self-contained hotel room including kitchenette, washer/dryer from $275 per night. Meals are not included in the tariff, there are currently rooms available on short notice;

5. Ocean View Caravan Park – as part of the redevelopment there are four new chalets that are available for short-term accommodation at $250 per night; meals not included. Availability is dependent on tourist season/school holidays.

Based on the camp’s recent occupancy rates and demand, it is believed that there are sufficient alternatives now available in Onslow to warrant its complete demobilisation and termination. Two Shire Officers are currently permanently accommodated at the camp, and alternative long term arrangements that consider the need for comfort and privacy will be investigated (such as securing rental housing or accommodation at Discovery Park).

47

Page 50: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

The Shire previously had other contractual commitments in place for the operation of the camp, which would have incurred penalties if cancelled early. These contracts have now expired and can be cancelled without penalty:

1. Hire of the accommodation units (Royal Wolf); 2. Management services (ESS Thalanyji) expired October 2015, three months’ notice

required; 3. Hire of generators and associated equipment (Onsite Rental); 4. Hire of gym equipment (Fleet Fitness); 5. Foxtel (expired September 2015); and 6. Construction Loan (repaid November 2015).

The estimated cost to demobilise the remaining camp is: • Transport costs to Royal Wolf Depot $180,000 • Crane Hire $ 3,000 • Container lifting forklift $ 2,000 • Material for cover containers $ 6,000 • Other demob (generator, gym gear) $ 10,000 • Other shut down costs $ 26,000 Total $227,000 Consultation Chief Executive Officer Hotel and Accommodation Operators - Onslow Statutory Environment Section 3.18 of the Local Government Act 1995 provides that; A local government is to satisfy itself that services and facilities that it provides -

(a) integrate and coordinate, as far as practicable, with any provided by the Commonwealth, the State or any public body; and

(b) do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, wether public or private, and are managed effectively.

The responsibility for determining if a facility is competing with private interests and the extent to which this competition exists is at the discretion of the Council. The information presented in this report, particularly with regard to alternative accommodation, may indicate that the operation of the camp whilst justified at the time of construction and for several years thereafter, now in part at least duplicates facilities which are readily available in the area. The following will need to be considered for procurement of accommodation and securing appropriate contractors to undertake the demobilisation of the camp:

• S3.57 Local Government Act 1995 - Tendering for Goods & Services • Regulation 11 Local Government (Functions and General) Regulations 1996 • FIN12 – Purchasing and Tender Policy • FIN04 – Buy Local – Regional Price Preference Policy

48

Page 51: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

Financial Implications The cost of demobilising the Royal Wolf modules and closing down the camp is estimated at $227,000. There will also be approximately four months’ operating costs to enable appropriate notice to be given to terminate contracts (e.g. ESS Thalanyji), to procure contractors to demobilise the camp and secure alternative accommodation, at an estimated total of $450,000. The proposed 2016/17 budget for the camp’s operations includes a total net subsidy (i.e. cost) of $1.36m for the financial year and so this provides ample flexibility to accommodate a demobilisation. The mid-year budget review can then address the projected end of year financial outcome, once the eventual saving is more accurately known. Strategic Implications Shire of Ashburton 10 Year Community Strategic Plan 2012-2022 Goal 02 – Enduring Partnerships Objective 01 – Strong Local Economies Risk Management This item has been evaluated against the Shire of Ashburton’s Risk Management Policy CORP5 Risk Matrix. The perceived level of risk is considered to be “High”. The high level of risk is being driven by the high financial implications of the uncertainty in occupancy rates of alternative commercial accommodation, associated income, as well as the cost of demobilising the camp. As a high risk matter, the Executive Manager of Strategic and Economic Development and Executive Manager Corporate Services will be consulted as the full impact of any reduction in income/expenditure and demobilising costs become known and a budget variation may be required. Policy Implications None identified Voting Requirement Absolute Majority Required Recommendation That Council:

1. Delegate authority to the Chief Executive Officer to;

a. Terminate all contracts in relation to the ongoing hire and operation of the Onslow Airport Camp;

b. Procure appropriate contractors to demobilise the camp and reinstate its grounds;

c. Secure alternative accommodation for the ongoing needs of the Shire in Onslow; and

2. Review net costs for the Camp as part of the 2016/17 mid-year budget review.

Author: Anika Serer Signature: Manager: Neil Hartley Signature:

49

Page 52: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

17. COUNCILLORS AGENDA ITEMS / NOTICES OF MOTIONS

18. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

19. CONFIDENTIAL MATTERS 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 than 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.

50

Page 53: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

19.1 CONFIDENTIAL ITEM - SALE OF LOT 9500 ONSLOW ROAD, ONSLOW

FILE REFERENCE: ONS.0016 AUTHOR’S NAME AND POSITION:

Neil Hartley Chief Executive Officer

NAME OF APPLICANT/ RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 7 July 2016 DISCLOSURE OF FINANCIAL INTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETING REFERENCE:

Agenda Item 19.1 (Minute No. 12023) – Ordinary Meeting of Council 25 October 2015

Recommendation That Council proceed with the course of action recommended in the 5 July 2016 Kyle & Company legal advice, and that a further report be presented to Council once the necessary information has been sought and collected by Kyle & Company.

Author: Neil Hartley Signature: Manager: Neil Hartley Signature:

51

Page 54: Agenda Public Document 19 July 2016 - Shire of Ashburton · AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016. SHIRE OF ASHBURTON . ORDINARY MEETING OF COUNCIL . Dear Councillor

AGENDA - ORDINARY MEETING OF COUNCIL 19 JULY 2016

20. NEXT MEETING The next Ordinary Meeting of Council will be held on 16 August 2016, at the Onslow Multi-Purpose Centre, Cnr McGrath Rd and Hooley Ave, Onslow, commencing at 1.00 pm.

21. CLOSURE OF MEETING

52