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UNCONFIRMED MINUTES of the Ordinary Meeting of the Murchison Shire Council held on Friday 21 st December 2007 MURCHISON SHIRE COUNCIL DECEMBER 2007 UNCONFIRMED MINUTES ORDINARY COUNCIL MEETING NOTICE IS HEREBY GIVEN that an Ordinary Council Meeting of Council was held, In the Council Chambers, Shire Administration Building, Murchison Settlement 10.19am, Friday, 21 st December 2007. Dirk Sellenger CHIEF EXECUTIVE OFFICER

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Page 1: december 2007 Minutes net copy - Shire of · PDF fileDecember 2007 MURCHISON SHIRE COUNCIL ... Attended the Christmas Tree last weekend and commented that he thought it was one of

UNCONFIRMED MINUTES of the Ordinary Meeting of the Murchison Shire Council held on Friday 21st December 2007

MURCHISON SHIRE COUNCIL

DECEMBER 2007

UNCONFIRMED MINUTES

ORDINARY COUNCIL MEETING

NOTICE IS HEREBY GIVEN that an Ordinary Council Meeting of Council was held,

In the Council Chambers, Shire Administration Building, Murchison Settlement

10.19am, Friday, 21st December 2007. Dirk Sellenger CHIEF EXECUTIVE OFFICER

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SHIRE OF MURCHISON

DISCLAIMER No responsibility whatsoever is implied or accepted by the Shire of Murchison for any act, omission or statement or intimation occurring during Council Meeting. The Shire of Murchison disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee Meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council Meeting does so at that person’s or legal entity’s own risk. The Shire of Murchison warns that anyone who has any application or request with the Shire of Murchison must obtain and should rely on

WRITTEN CONFIRMATION of the outcome of the application or request of the decision made by the Shire of Murchison. ____________________ Dirk Sellenger Chief Executive Officer

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SHIRE OF MUCHISON COUNCIL MEETING AGENDA

10.19am Friday, 21st December 2007

TABLE OF CONTENTS 1. Declaration of Opening / Announcement of Visitors

The President declared the meeting open at 10.19am welcoming councillors present.

2. Record of Attendances / Apologies / Leave of Absence/ Next Meeting

2.1 Attendances President Cr SA Broad Deputy President Cr MW Halleen Councillors Cr R Foulkes-Taylor Cr PN Jeffries Cr PM Walsh Cr KL Keynes Staff Chief Executive Officer DJ Sellenger 2.2 Apologies Nil 2.3 Leave of Absence

Cr W McL Mitchell was granted leave of absence for this meeting at the November Ordinary Council Meeting.

2.4 Next Meeting Date Council does not hold an Ordinary Council meeting in January. The next planned meeting date is the third Friday of February, being 15th. This is the date the Annual General Meeting has been advertised and it is recommended that council not change this date as it has serious impacts with regards to the acceptance of the Annual Report in accordance with section 5.54 of the Local Government Act 1995.

3. Public Question Time – (Section 5.24 of the Local Government Act) 4. Petitions / Deputations / Presentations Mr Brett Pollock Gascoyne Murchison Tourism Inc Chairman and Australian Golden Outback Executive addressed from12.04pm to discuss a potential funding opportunity for the Murchison Region through Fortescue Metals, the proposed Interpretive Centre / Roadhouse Building.

5. Confirmation of Minutes OFFICERS RECOMMENDATION / COUNCIL DECISION Moved Cr Halleen Seconded Cr Keynes That the Minutes of the Ordinary Meeting of Council held on Friday 16th November 2007, be confirmed as a true and correct record of proceedings.

CARRIED Record of Vote 6/0

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6. Announcements by the President Cr Broad Advised that he had not attended any functions in the position of Shire President in the past month. Spoke of recent rain throughout the Shire which was very welcome and advised that most of the roads have stood up well to the new work south of Nookawarra on the Beringarra Pindar Road which is pleasing. Cr Broad thanked council for the assistance and support during the past 12 months and said that he considered himself fortunate to be part of a council that is able to work together to achieve a common goal. Cr Broad congratulated the CEO on various achievement during the past 12 months and thanked him for his efforts. 7. Items for Discussion without Notice Cr Walsh Spoke of recent damage to the Beringarra Cue road following some heavy rain, provided photos of the damage for council information. Cr Walsh provided a thorough report which was tabled regarding the National General Assembly he recently attended in Darwin on behalf of the Shire of Murchison. Cr Jeffries Thanked council for all the support and assistance during the past 12 months and wished everyone a Merry Christmas and Happy New Year. Cr Keynes Advised that he had travelled up the Carnarvon Mullewa Road and that is was pleasing the see the results of the work recently carried out by the construction crew to repair failed sections on the Carnarvon Mullewa Road. Cr Keynes advised that the bunding had worked very well in these areas and that from his observations over the years bunds proved to be far more effective than open drains. COUNCIL DECISION Moved Cr Keynes seconded Cr Foulkes-Taylor That the CEO prepare a draft Policy for council consideration regarding the future use of bunds throughout the Shire of Murchison.

CARRIED Record of Vote 6-0

Cr Foulkes-Taylor Advised that he had been carrying out various water boring throughout the south of the Shire with varying level of success. Advised that the sign at Pindar advising traffic of the status of roads had a spelling error in Murchison spelt Murchinson. The CEO advised that he was not aware of this and would arrange for the matter to be rectified as soon as possible. Wished everyone a Merry Christmas and Happy New Year. Cr Halleen Spoke of various road issues following recent rain and that he was pleased with the way most of the roads throughout the Shire given the intensity of the rain in some locations. Attended the Christmas Tree last weekend and commented that he thought it was one of the best Christmas Trees he had attended in Murchison for several years and that a good day was had by all that attended.

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8. Declarations 9. Agenda Items

9.1 Works 0708.63 Plant Report – December 2007 0708.64 Old Manfred Road Closure Request 0708.65 Tender 5.0708 – Grids and Signs Contract

9.2 Finance 0708.66 Monthly Financial Update – December 2007 0708.67 Creditors for Payment – December 2007 0708.68 Murchison Oasis Roadhouse / Interpretive Centre Costing

9.3 Administration

0708.69 Deed of novation – Murchison Metals Ltd to Crosslands Ltd 0708.70 Murchison Oasis Roadhouse – Liquor License Request 0708.71 Volunteer of the Year 2007 0708.72 Recognition of Councillors 0708.73 Tender 4.0708 – Catering 0708.74 Annual Report and Electors Meeting 0708.75 Chief Executive Officer Report – December 2007 0708.76 Extraordinary Election Date – Cr Keynes Resignation

10. New Business of an Urgent Nature 11. Meeting Closure

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ITEM NUMBER: 0708.63 SUBJECT: Plant Report Update to December 2007 FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To advise and update council on the usage and status of various council owned machinery. Background Nil Comments/Options/Discussions To be read in conjunction with the plant report on the following page.

IVECO Prime Mover MU 000 Starter Motor not engaging properly or not at all causing starting difficulties at intermittent times. To be checked and repaired during the Christmas shutdown period. A number of small jobs will be completed during the shutdown period. Ford Louisville 000 MU New radiator fan to be fitted, existing fan recently lost a small section of the fan blade causing a vibration which will ultimately shorten the life of the water pump if left. 30,000ltrs Water Tanker Various leaks to be repaired during the shutdown period by D Trans.

Caterpillar Grader MU 51 (2000 model) Trunnion bearings on lift cylinder supports to be repaired during the Christmas Shutdown.

Caterpillar Grader MU 141 (2005 model) Engine Cowling doors removed and taken to Geraldton for various rust repairs. The CEO has discussed the matter with Westrac who will pay for costs associated with these rust repairs given the age of the machine despite the fact it is outside the warranty period. Severe air leak from park brake to be repaired. Existing ring feeder to be replaced with an ordinary pin type system.

Komatsu Bulldozer Electrical problem rectified, found to be a failed Battery, CEO to discuss the matter with Westrac as the Battery was only five months old at the time of failure. Bulldozer taken to Geraldton on 19th November to undergo various repairs including leaking ripper rams, linkages and brake adjustments and improved dust suppression by way of improved seals and new cab blower. Bowl Tipping Trailer – MU 2032 Trailer recently tipped over whilst tipping gravel on the Carnarvon Mullewa Road south of the Ballinyoo Bridge. The trailer was righted using councils loader and no damage occurred. This is the first time council staff has tipped over either of the two bowl tippers and it is thought to have occurred by tipping the trailer whilst it was unlevel ground. Other The Christmas period shutdown allows time to carry out various minor repairs and given the nature of the repairs have not been included in this agenda items. Examples of work include tail light repairs, mudflap repair and replacement, wheel bearings, water storage tank repairs etc

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Statutory Implications/Requirements Nil Policy Implications Nil Financial Implications Council has made an allowance of $200,000 in the 2007/2008 Budget (A/C E144030) to 16th December; $75,265.00 has been expensed from this account. Voting Requirements Simple OFFICERS RECOMMENDATION / COUNCIL DECISION Moved Cr Keynes Seconded Cr Foulkes-Taylor That the plant information report for December 2007 be received.

CARRIED RECORD OF VOTE 6/0

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UNCONFIRMED MINUTES of the Ordinary Meeting of the Murchison Shire Council held on Friday 21st December 2007

SHIRE OF MURCHISON MONTHLY PLANT USAGE AND STATUS REPORT

16th December 2007 HRS / KMS HRS / KMS YTD Service/ Total Ownership PLANT ITEM Year Normal Operator Rego 15th Nov 16th Dec TOTAL Repairs Cost Since Jan 2004 Graders / Heavy Plant

Cat Grader 12H 2005 Ray Winfield MU 141 2,748 2,833 85 $10,671.00 $20,596.04 Cat Grader 12H 2003 Neil Coombe MU 121 7,459 7,548 89 $16,652.00 $72,486.39 Cat Grader 12H 2000 Colin Mellan MU 51 10,129 10,290 161 $19,592.00 $90,107.17 Volvo L110 Loader 2006 Paul Smart MU 65 890 895 5 $2,991.00 $3,891.67 Komatsu Dozer 1997 Neville Hobbs N/A 5,925 5,931 6 $10,768.00 $131,788.88 Cat Vibrating Roller 2005 Neil Combe MU 177 1,915 1,981 66 $9,030.00 $12,884.28 Trucks IVECO Powerstar Prime Mover 2003 Paul Smart MU 000 132990 134,460 1,470 $7,656.00 $34,344.70 Ford Louisville Prime Mover 1989 Neville Hobbs 000 MU 662,924 665,194 2,270 $24,393.00 $73,539.48 IVECO Powerstar Tipper 2004 Neil Combe MU 00 67,858 68,503 645 $9,888.00 $41,652.23 Generators Generator 2 - 100KVA 2005 N/A N/A 6,970 7,486 516 $ - $ - Generator 1 - 83KVA 2005 N/A N/A 29,791 29,997 206 $ - $ - Generator - 13KVA Construct 2005 N/A N/A 7,767 7,988 221 $ - $ - Light Vehicles Toyota Landcruiser 2005 Colin Mellan 01 MU 55,462 57,027 1,565 $2,679.00 $7,146.00 Mitsubishi Canter 2004 Paul Smart MU 140 111,125 113,965 2,840 $2,087.00 $8,536.33 Nissan Patrol 2005 Dirk Sellenger MU 0 19,701 25,031 5,330 $1,103.00 $4,929.06 Toyota Hilux 2001 Ray Winfield MU 166 102,688 103,841 1,153 $5,710.00 $8,438.62 Mazda Bravo 2006 G. Garraway MU 300 27,253 31,073 3,820 $0.00 $627.07 Toyota Patient Transfer Vehicle 1986 Dirk Sellenger MU1017 16,028 16,350 322 $774.00 $2,530.55

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SHIRE OF MURCHISON MONTHLY PLANT USAGE AND STATUS REPORT

16th December 2007 HRS / KMS HRS / KMS YTD Service/ Total Ownership

PLANT ITEM Year Normal Operator Rego 15th Nov 16th Dec TOTAL Repairs Cost Since Jan 2004

Large Trailers and Tankers Side Tipping Trailer 2001 N/A MU2010 N/A N/A N/A $0.00 $9,481.54 Side Tipping Trailer SS 1993 N/A MU2032 N/A N/A N/A $1,770.00 $1,770.00 Side Tipping Trailer SS 1989 N/A MU2033 N/A N/A N/A $1,855.00 $1,855.00 Dual Axle Low Loader 1975 N/A MU698 N/A N/A N/A $0.00 $3,670.28 Tri Axle Low Loader 2001 N/A MU2004 N/A N/A N/A $ - $ 19,937.77 30,000lt Water Tanker 2005 N/A MU2024 33,500 35,020 1,520 $5,206.00 $8,261.65 Pig Fuel Tanker (construction) 1993 N/A MU 658 N/A N/A N/A $0.00 $0.00 Dog Fuel Tanker (maintenance) 1972 N/A MU2005 N/A N/A N/A $0.00 $0.00 Dolly's Dolly 1 2001 N/A MU2003 N/A N/A N/A $0.00 $0.00 Dolly 2 2000 N/A MU2009 N/A N/A N/A $869.00 $869.00 Dolly 3 1983 N/A MU2031 N/A N/A N/A $6,470.00 $6,470.00 Other New Holland Tractor 2006 G. Garraway MU 380 186 200 14 $622.00 $622.43

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UNCONFIRMED MINUTES of the Ordinary Meeting of the Murchison Shire Council held on Friday 21st December 2007

ITEM NUMBER: 0708.64 SUBJECT: Old Manfred Road Closure Request FILE REFERENCE: Radio Astronomy Park NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to consider a request from the Department of Planning and Infrastructure to permanently close the Old Manfred Road, Background The CEO received an email regarding the Closure of the Old Manfred Road.

Dear Dirk David DeBoer and I in consultation with Steve Burgess at DPI have discussed the abovementioned road closure. When we met several weeks ago you advised that the Murchison Shire Council had closed Road 673, some time ago, and that it has not been maintained, to the point that only remnants of the road now exist. Mark Halleen showed me what was left of this road when we drove along a private road (which follows a similar path) which he calls the Top Shed Road (to the point were it reaches the Top Shed) and then continues as the Mill Road, because it passes by the old mill on his property.

Even though Council has physically closed the road it has not been legally closed in accordance with the provisions of Section 58 of the Land Administration Act 1997. It is therefore still considered by DPI to be an officially gazetted road until it is formally closed even though the road doesn't exist. As a consequence, it still appears on official maps and because the Top Shed Road is in a similar position many tourists or grey nomads using this road would think they are on Road 673.

The whole objective of this exercise is to discourage visitors to the Murchison Radio Astronomy Observatory by removing access roads from maps. This was the reason for DPI's letter dated 7 March 2007 requesting that the portion of Road 673, within the polygon, be closed. A map showing this portion was attached. The portion of Road 673 from the Beringarra Pindar Road to the polygon needs to remain open as it may be required for an infrastructure corridor.

When officially closed and registered this portion will be removed from all official maps. I understand there has been some confusion regarding the road to be closed and that this process has now been cancelled.

If Road 673 has already been closed, (following the advertising of its intended closure and no objections being received) then a simple process could be to ask the Council to proceed with the formal closure of the portion of Road 673 within the polygon. DPI would then formally close this road and remove it from maps. I have discussed this with Steve Burgess at DPI and he has confirmed that you could follow this process. If you would like to further discuss this with him, his number is 93475100.

Please advise if you have any concerns about this request. Regards Garry Clarke Manager, Infrastructure / Approvals, MRO / SKA DEPARTMENT OF INDUSTRY AND RESOURCES

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Comments/Options/Discussions The Old Manfred Road has been neither maintained nor considered open for many years and this road does not form part of the Shire Road network as far as the Grants Commission is concerned. Closing the road is not expected to have any impact to the Shire or the Road users which will be largely associated with the Radio Astronomy Project. Statutory Implications/Requirements Nil Policy Implications Nil Financial Implications Nil Voting Requirements Simple OFFICERS RECOMMENDATION / COUNCIL DECISION Moved Cr Halleen Seconded Cr Foulkes-Taylor That Council advertise its intentions to close road 673, being the Old Manfred Road from the beginning of the Polygon westward, in Accordance with section 58 of the Land Administration Act. That the CEO contact Land gate and request a full listing or Roads throughout the Shire of Murchison to determine if other old roads similar to the old Manfred Road exist which council may choose to consider formally closing. This action would be considered best practice and may help avoid future confusion as experienced in this instance.

CARRIED RECORD OF VOTE 6/0

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Cr Jeffries declared an interest and left the chambers at 11.41am The nature of the interest is as a tenderer under Oakville Nominees Pty Ltd. Cr Jeffries took no part in discussion or voting on this matter. ITEM NUMBER: 0708.65 SUBJECT: Tender 5.0708 – Grids and Signs Contract FILE REFERENCE: Tenders File NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to consider tenders for the supply of various Grid and Sign works throughout the Shire. Background Tenders were recently advertised in the Murchison Monologue for the Supply of various Grid and Sign contract work for a period of 12 months throughout the 2008 calendar year. Comment Tenders closed at 12noon on Thursday 20th December. At close of tenders the following had been received:

Tender 5.0708 Sign and Grid Contracting

Travel Charge Labour Charge Labour Charge Cost for Tenderer $ per KM Travelling P/H Working P/H Hypothetical Scenario Peter Barnetson $ 1.10 $ 30.80 $ 30.80 $ 1,126.40 Oakville Nominees P/L $ 1.50 $ - $ 55.00 $ 902.00 All prices are shown inclusive of GST

Both of the tenders have carried out contract work in the past for the Shire and both provided to be reliable and capable with good quality work carried out in each instance. Statutory Regulations Local Government Tender Regulations, Section 3.57 of the 1995 Local Government Act (as amended) Financial Implications Council has made an appropriate allowance in the 2007/2008 Adopted Budget for the supply of this contract work (Expense Account E122294 – Grid Maintenance and Repair and E122062 – Traffic Signage). Policy Implications Nil Voting Requirements Simple Majority

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OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Foulkes-Taylor Seconded Cr Halleen That Council accept the tender from Oakville Nominees P/L for Grid and Sign Maintenance Contract for a period of 12 months from 1st January 2008 to 31st December 2008 as follows: Travel Charge $1.50 per km, both directions. Labour whilst travelling $no charge. Labour whilst on site $55.00. All prices are showing inclusive of GST

CARRIED RECORD OF VOTE 5/0

Cr Jeffries re-entered the chambers at 11.46am

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UNCONFIRMED MINUTES of the Ordinary Meeting of the Murchison Shire Council held on Friday 21st December 2007

ITEM NUMBER: 0708.66 SUBJECT: Monthly Financial Update – December 2007 FILE REFERENCE: Monthly Financials NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF PURPOSE: Nil

Report Purpose

To provide Councillors with a monthly financial statement on the operations of Council

Background

The monthly financial update provides council with the following information.

1) Cash Balances to the end of the previous month

2) Transactions from the beginning of the month to the close of report

3) Reserve Investment details

4) Sundry debtors

5) Monthly Statement of Financial Activity

6) Any significant payments since last update

Comments/Options/Discussions

The Chief executive Officer will provide an overview and explanation as required of how to interpret the financial statement at the meeting.

Statutory Implications/Requirement

Section 6.4 of the Local Government Act states that financial records are to be prepared and presented in the manner and from prescribed.

Regulation 34(1) of the Local Government (Financial Management) Regulations states that: “A Local Government is to prepare –

(a) monthly financial reports in such a form as the Local Government considers to be appropriate”

Policy Implications Nil

Financial Implications This report discloses financial activities for the period under review

Voting Requirement Simple

OFFICERS RECOMMENDATION / COUNCIL DECISION Moved Cr Halleen Seconded Cr Jeffries That the monthly financial statement to 21st December 2007 be received.

CARRIED RECORD OF VOTE 6/0

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AGENDA of the Ordinary Meeting of the Murchison Shire Council to be held on Friday 21st December 2007

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ITEM NUMBER: 0708.67

SUBJECT: Creditors for Payment – December 2007 FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST Nil

Report Purpose

For Council purpose to endorse the payment to creditors.

Background

The list of payments that is enclosed in this Agenda outlines payments made to creditors since the last Council meeting held on the 16th November 2007.

Comments/Options/Discussions

Provide details of payments in summary. Please note that the computer system allows for only a limited field for the description of goods/services purchased, therefore the descriptio shown on the attached schedule of accounts may not show the entire description. A file containing each invoice to be endorsed for payment is available for Councillor Information upon request.

Statutory Implications/ Requirements

Local Government (Financial Management regulations 1996 – Section 11. “ A Local Government is to develop procedures for the authorisation and payment of accounts to ensure that there is effective security for the properly authorised use of..” Section 12(2) “payment from Municipal fund or Trust fund “ the Council must not authorise payment from those funds until a list is prepared under Regulation 13 (2) containing details of the accounts to be paid has been presented to Council”.

Policy Implications Nil

Financial Implications.

Total Expenses Municipal Account $281,973.72

Trust Account $0.00

Total Payments $281,973.72

Voting requirements Simple

OFFICERS RECOMMENDATION / COUNCIL DECISION Moved Cr Walsh Seconded Cr Jeffries That Council endorse payments: No Trust Cheques drawn totalling NIL. Municipal Cheques 8018 to 8067 totalling $281,973.72 making a grand payment total of $281,973.72 submitted to each member of Council on Friday 21st December 2007, have been checked and are fully supported by vouchers and duly certified invoices with checks being carried out as to prices, computations and costing.

CARRIED RECORD OF VOTE 6/0

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UNCONFIRMED MINUTES of the Ordinary Meeting of the Murchison Shire Council held on Friday 21st December 2007

ITEM NUMBER: 0708.68 SUBJECT: Murchison Oasis Roadhouse / Interpretive

Centre Costing FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil

Report Purpose

To allow council to consider an opinion of probable cost prepared by Quantity Surveyor, Mr Eric Postmus.

Background

Council considered a draft design for the new Roadhouse / Interpretive Centre at the Ordinary Council meeting held on Friday 16th November.

The decision was made to refer the draft design to the quantity Surveyor prior to calling for public submissions and comments.

Comments/Options/Discussions

The Architects have referred to the quantity surveyor who has provided the following estimate report totalling $1,396,000.

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Statutory Implications/Requirements Nil

Policy Implications Nil

Financial Implications

Council has made an allowance of $1,000,000 (one million dollars) in the 2007/08 Budget for the purchase and redevelopment of the Murchison Oasis Roadhouse, to date $130,000 has been expensed from this account for the purchase of the Roadhouse. Council is confident of obtaining funding of approximately $1,000,000 for the building of the new Roadhouse / Interpretive Centre allowing councils funds to be expensed on other projects.

Voting Requirements Simple

OFFICERS RECOMMENDATION / COUNCIL DECISION Moved Cr Foulkes-Taylor Seconded Cr Walsh • That Council consider and receive the opinion of probable cost prepared by Quantity Surveyor, Mr Erik Postmus. • That Council advertise the Draft Plans and call for Public Submissions and Comments to be discussed at the Annual Meeting of Electors to be held at the Murchison Sports Club on Friday 15th February 2008. • Now probable cost estimates have been obtained, that the CEO liaise with Member for Geraldton, Mr Shane Hill regarding funding for the building as previously pledged by Mr Hill.

CARRIED RECORD OF VOTE 6/0

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ITEM NUMBER: 0708.69 SUBJECT: Novated Deed - Murchison Metals Ltd to

Crosslands Ltd FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to consider a request from Murchison Metals (MMX) for Council to sign a deed of novation which, once executed will:

• Transfer all of MMX’s rights under the Contract to Crosslands • Assign MMX’s liability under the Contract to Crosslands; and • Cause MMX’s liability under Contract to cease.

Background Murchison Metals have a Road Agreement with the Shire of Murchison to use the Beringarra Cue road to transport Iron Ore from the Jack Hills to Geraldton. Crosslands would take over any agreements currently between the Shire of Murchison and Murchison Metals. Comments/Options/Discussions On 27th September 2007 MMX announced to the ASX that it has completed a transaction with Mitsubishi Development Pty Ltd (MDP) whereby MDP acquired a 50% interest in Iron Jack Ltd, the owner of the Jack Hills iron ore project in the Midwest region of WA. MMX holds the remaining 50% of Iron Hack Ltd (which was subsequently renamed Crosslands Resources Ltd) The signing of the novation deed is considered a formality with regards to the recent ownership and name changes. Any previous agreements between Murchison Metals and the Shire will effectively be unchanged with the exception of the name. Statutory Implications/Requirements Nil Policy Implications Nil Financial Implications Nil Voting Requirements Absolute OFFICER'S RECOMMENDATION / COUNCIL DECISION Moved Cr Keynes Seconded Cr Jeffries That council authorise the Chief Executive Officer to sign the Novation Deed on behalf of the Shire of Murchison with regards to name change from Iron Jack to Crosslands Resources Limited.

CARRIED RECORD OF VOTE 6/0

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ITEM NUMBER: 0708.70 SUBJECT: Liquor License Request – Murchison

Roadhouse FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to consider a request from the Manager of the Murchison Oasis Roadhouse to sell Alcoholic beverages. Background Mr Robert Foreman, who Manages the Murchison Oasis Roadhouse on behalf of the Murchison Shire recently wrote to Council requesting permission to sell Alcoholic Beverages to Caravan Park users and residents of the Murchison Settlement. The letter follows:

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Comments/Options/Discussions Council previously granted permission for the previous proprietors of the Roadhouse to sell liquor to those people staying the night in the Caravan Park. It is understood the previous proprietors didn’t progress far with this application and a license to sell Alcohol from the Roadhouse was never obtained. Statutory Implications/Requirements Nil Policy Implications Nil Financial Implications Nil Voting Requirements Simple OFFICER'S RECOMMENDATION / COUNCIL DECISION Moved Cr Keynes Seconded Cr Foulkes-Taylor That Council support the request for Mr Robert Foreman to apply for a restricted license to sell alcohol from the Murchison Oasis Roadhouse subject to the following: • All necessary work and expenditure required to apply for and obtain the license is the sole responsibility of the applicant and Roadhouse Manager, Mr Robert Foreman. • That Alcohol may only be sold between the hours of 5.00pm and 10.00pm. • That Alcohol may only be sold to either residents of the Murchison Settlement or tourist and visitors spending the night at the Murchison Caravan Park. • Council reserves the right to withdraw permission to sell alcohol at any time without giving reason for doing so. • Prior to the sale of any alcohol from the Murchison Oasis Roadhouse, Mr Foreman is to present to the CEO the original license and any relevant correspondence from the Department of Liquor and Gaming clearly stating Mr Robert Foreman is permitted to sell Alcohol from the Murchison Oasis Roadhouse and the conditions as requested by council.

CARRIED RECORD OF VOTE 6/0

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ITEM NUMBER: 0708.71 SUBJECT: Volunteer of the Year Award 2007 FILE REFERENCE: Volunteers NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to consider nominations for the 2007 Volunteer of the Year Award. Background Nominations for 2007 Volunteer of the Year were called and at the close of the nomination period two nominations were received. Comments/Options/Discussions Each councillor has been provided with a copy of the two nominations and council is asked to consider the two applications and make a decision re a winner to be presented at the Annual Meeting of Electors to be help at the Sports Club on 15th February 2007. Statutory Implications/Requirements Nil Policy Implications Nil Financial Implications Nil Voting Requirements Simple OFFICER'S RECOMMENDATION / COUNCIL DECISION Moved Cr Keynes Seconded Cr Walsh That Council award the 2007 Volunteer of the Year award to both nominations to be presented at the Annual Meeting of Electors to be held at the Sports Club on Friday 15th February 2008.

CARRIED RECORD OF VOTE 6/0

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ITEM NUMBER: 0708.72 SUBJECT: Recognition of Councillors FILE REFERENCE: Policy Manual NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose: Council to consider a new policy regarding the recognition of the service of Councillors. Background In the past gifts and certificates have been presented to retiring councillors however this was an ad hoc arrangement between the Shire President and the Chief Executive Officer. Comment A draft policy included below sets down a scale of recognition of the service of Councillors. The policy attempts to balance the length of service of a councillor and their impact on Council in that service period. The policy includes three levels of recognition around the four year terms of Councillors. The levels are:

• Level 1 - Councillors who serve between one and five years. • Level 2 - being five to twelve years serve. • Level 3 – greater than twelve years.

The draft policy also allows for Council, by resolution, to act outside the length of service component of the policy to take into the contribution of a Councillor and providing recognition through:

• a greater level of recognition under the service aspect of the policy or greater gift. • Council nomination for honours and awards associated with Queen’s Birthday,

Australia Day or the WA Local Government Association; or • granting the title of ‘Honorary Freeman of the Municipality’.

Statutory Implications/Requirements Nil. Policy Implications The Draft Policy would become part of Council’s adopted Policy Manual. Financial Implications Council would unlikely expend any more under this policy than by following previous Procedures. Voting Requirements Simple Majority OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Halleen Seconded Cr Walsh That Council adopt the following new Policy and amend the Policy Manual as required. POLICY - MEMBERS OF COUNCIL Policy Subject: Recognition of Councillors Policy: Council will recognise the service of Councillors upon there retirement from Council in the following way: 1. Service less than 5 years in office

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Certificate of Service, Council plaque and a gift up to the value of $150. 2. Service greater than 5 years and up to 12 years in office Certificate of Service, Council plaque and a gift to the value of $300. The presentation to occur at the first available Council or community function. 3. Service in excess of 12 years in office Certificate of Service, Council plaque and a gift to a maximum value of $700 The presentation will occur at a special celebratory function with the recipient entitled to invite up to 6 guests. Notwithstanding points above, Council may, at their discretion, by resolution, present a member with a gift greater than that contained in the policy, if Council is of the opinion that such action is warranted having regard to the member’s service to the community and/or Council. In the event that a retiring Councillor has performed an extensive range of functions on behalf of the municipality which are beyond that normally associated with a Councillor’s day to day duties, the Council may, at its discretion, by resolution nominate the Councillor for any awards (where applicable) associated with:- • Queen’s Birthday Honours • Australia Day Honours • Local Government Association Honours In the event that a retiring Councillor has performed exceptional service on behalf of the Shire which are significantly beyond that normally associated with a Councillor’s day to day duties, the Council may, at its discretion, by resolution, grant the title of “Honorary Freeman of the Municipality”. Objective: To provide guidelines for the approval and procedures for recognition of service provided to the community by Councillors.

CARRIED RECORD OF VOTE 6/0

Mr Brett Pollock entered the chambers at 12.04pm to address council on various matters including the Roadhouse/Interpretative Centre issues raised recently at a Gascoyne Murchison Tourism Inc Meeting Lunch at 12.34pm Reconvened at 2.14.pm

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Cr Broad declared an interest and left the chambers at 2.15pm. That nature of the interest is husband of Mrs Natalie Broad who has submitted a tender. Cr Broad took no part in discussion or voting on the matter. Deputy President, Cr Halleen took over the Chair in the absence of the President. ITEM NUMBER: 0708.73 SUBJECT: Tender 4.0708 - Catering FILE REFERENCE: Tenders File NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to consider tenders for the supply of council lunches for a period of 12months. Background Tenders were recently advertised in the Murchison Monologue for the Supply of Council Lunches for a period of 12 months throughout the 2008 calendar year. Comment Tenders closed at 12noon on Thursday 20th December. At close of tenders the following had been received:

Tender 4.0708 Catering for Council Lunches

Base Price* Additional Total Avg Tenderer per head per head Cost Mrs Natalie Broad $ 27.77 $ 27.50 $ 249.93 Murchison Oasis Roadhouse $ 15.00 $ 15.00 $ 135.00 * base price is up to and inc 9 people. All prices are shown inclusive of GST

Whilst the Murchison Oasis Roadhouse is considerably cheaper, the type and quality of the meals is somewhat unknown. Mrs Broad has been supplying council with lunches for the past 7-8 years and has never failed to impress with the quality of the food served during this time and she is considered a proven supplier. Council should be aware, as with most tenders advertised it was clearly stated that the lowest of any tender would not necessarily be accepted and council is obviously well within its rights to accept either of the two tenders received. Statutory Regulations Local Government Tender Regulations, Section 3.57 of the 1995 Local Government Act (as amended) Financial Implications Council has made an appropriate allowance in the 2007/2008 Adopted Budget for the supply of Council lunches (Expense Account E41110 – Refreshments). Policy Implications Nil Voting Requirements Simple Majority

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OFFICER RECOMMENDATION / COUNCIL DECISION Moved Cr Keynes Seconded Cr Jeffries That Council accept the tender from Mrs Natalie Broad for the Supply of Council Lunches for the period from 1 January 2007 to 31st December 2008, as follows: Based Price $27.77 per head (up to 9 people) Additional Meals $27.50 per head. Prices are shown inclusive of GST.

CARRIED RECORD OF VOTE 4/1

Cr Foulkes-Taylor requested that his name be recorded as voting against the motion. Cr Broad re-entered the chambers at 2.26pm

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ITEM NUMBER: 0708.74 SUBJECT: Annual Report and Electors Meeting FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil

Report Purpose

To present the 2006/2007 Audited Financials to Council and set the date for the Annual General Meeting of Electors.

Background

The Annual Report and Audited Financials have been provided to each member of council as a separate document titled “Annual Report 2006/2007” this document includes the Independent Audit Report and Management Letter.

Comments/Options/Discussions

Under the Local Government Act, it is necessary to produce an Annual Report and to conduct an Annual General Meeting or Electors.

It is proposed that the Annual Report be compiled by staff and accepted at the Ordinary Council meeting to be held on 21st December 2007.

Due to the timeframe required under the Local Government Act 1995, council must.

1. Accept the Annual Report by no later than 31st December of that financial year.

2. Hold the Annual General Meeting no less than 56 days after the acceptance of the Annual Report.

Based on the requirements of the Local Government Act, if the Annual Report is accepted on 21st December 2007 the Annual General Meeting of Electors must be held by Friday 15th February 2008 at the very latest, the 15th February 2008 is the ordinary date for the February (third Friday of the month) 2008 meeting and is the last allowable day, being exactly 56 days after 21st December 2007.

Statutory Implications/Requirements

Section 5.54 of Local Government Act, 1995 - Acceptance of Annual Reports. The Annual Report must be accepted by Council within 56 days of the receipt of the auditors report. Section 5.27 of Local Government Act, 1995 - Electors General Meetings. The Annual Electors Meeting must be held within 56 days of the acceptance of the Annual Report.

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Policy Implications Nil

Financial Implications Nil

Voting Requirements Simple

OFFICER'S RECOMMENDATION / COUNCIL DECISION Moved Cr Halleen seconded Cr Foulkes-Taylor • That council adopt the 2006/2007 Annual Report as presented. • That council hold the Annual General Meeting of Electors on Friday 15th February 2008, at the Murchison Sports Club, commencing at 2.30pm.

CARRIED RECORD OF VOTE 6/0

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ITEM NUMBER: 0708.75 SUBJECT: Chief Executive Officers Report – December 2007 FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow the Chief Executive Officer to report on any issues and projects currently in progress. Background Nil Comments/Options/Discussions The Chief Executive Officers Report is provided to each councillor as a separate document to this agenda. Statutory Implications/Requirements Nil Policy Implications Nil Financial Implications Nil

Voting Requirements Simple

OFFICER'S RECOMMENDATION / COUNCIL DECISION Moved Cr Walsh Seconded Cr Jeffries That the Chief Executive Officers Report for December 2007 be received.

CARRIED RECORD OF VOTE 6/0

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10. New Business of an Urgent Nature

Cr Keynes resigned from Council effective from the closure of the meeting. Cr Keynes read and tabled a letter of resignation. The President regretfully accepted the resignation and thanked Cr Keynes for his efforts during the past six years.

The President presented Cr Keynes will a gift on behalf of council as a gesture of

council’s appreciation.

** Late Item** ITEM NUMBER: 0708.76 SUBJECT: Extraordinary Election Date –

Cr Keynes Resignation FILE REFERENCE: N/A NAME OF APPLICANT: N/A AUTHOR NAME AND POSITION: Dirk Sellenger – Chief Executive Officer DISCLOSURE OF INTEREST: Nil Report Purpose To allow council to set a date for an Extraordinary Election following the resignation of Cr Keynes from Council on 21st December 2007. Background Cr Keynes resigned from Council on Friday 21st December 2007. In Accordance with the Local Government Act 1995 Council must hold an election within four months or seek ministerial approval for an extension. Comments/Options/Discussions The CEO recently became aware that the Shire of Laverton also has an Extraordinary Election and are looking to have this on Saturday 15th March 2008. This timeframe is considered suitable for the Murchison Shire. The CEO has contacted the Laverton Shire regarding the possibility of sharing advertising space in an attempt to cost save. They would be pleased for this to occur however this is subject to the Murchison Shire agreeing to hold the Election on 15th March 2008. Any other day will simply require council to be fully responsible for advertising costs and a suitable allowance has been made in the Budget for this to occur should council choose to “go it alone”. Statutory Implications/Requirements Section 2.3 of the Local Government Act 1995 (as amended) Policy Implications Nil Financial Implications Council has made an allowance in the 2007/2008 Budget for one extraordinary election (A/C E42206 – Elections Expenses). Voting Requirements Absolute OFFICER'S RECOMMENDATION / COUNCIL DECISION Moved Cr Foulkes-Taylor seconded Cr Walsh That council set an Extraordinary Election Date of Saturday 15th March 2008 to fill the vacancy from the recent resignation of Cr Keros Keynes who held a seat in the Ballinyoo Ward.

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CARRIED Record of Vote 6-0

11. Declaration of Closure

The President requested that Cr Keynes close the meeting following his recent resignation as Councillor. Cr Keynes thanked everyone for their attendance and declared the Meeting closed at 3.34pm.

Confirmed this……………………………..day of ………………………………….. ________________ SHIRE PRESIDENT