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MINUTES

Ordinary Meeting of Council

19th November 2014

Shire of Carnamah Minutes Ordinary Meeting of Council 19th November 2014 2 | P a g e

SHIRE OF CARNAMAH

ORDINARY MEETING OF COUNCIL 19TH

NOVEMBER 2014

MINUTES __________________________________________________________________

TABLE OF CONTENTS ___________________________________________________________________

Page

DISCLAIMER

5

1. DECLARATION OF OPENING....................................................... 6

2. RECORD OF ATTENDANCE.......................................................... 6

Present...............................................................................................

Apologies..........................................................................................

Leave of Absence (Previously Approved)........................................

6

6

6

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN

ON NOTICE.........................................................................................

7

4. PUBLIC QUESTION TIME............................................................... 6

5. APPLICATIONS FOR LEAVE OF ABSENCE............................... 7

6. DISCLOSURE OF INTEREST.......................................................... 7

7. PETITIONS, DEPUTATIONS AND PRESENTATIONS............... 7

8. ANNOUNCEMENTS BY THE PRESIDING PERSON

WITHOUT DISCUSSION..................................................................

8

9. CONFIRMATION OF MINUTES..................................................... 8

364870 9.1. Ordinary Meeting of Council 15th

October 2014 (as circulated)....... 8

364871 9.2 Audit Committee Meeting of Council 15th

October 2014 (as

circulated)............................................................................................... 9

364872 9.3 Audit Committee Meeting of Council 19th

November 2014 (to be

circulated)............................................................................................... 9

10. MANAGEMENT REPORTS............................................................. 10


10.1. FINANCE REPORTS.......................................................................... 10

364873 10.1.1 Accounts for Payment............................................................................ 10

File: ADM0075

(Attachment 10.1.1.)

364874 10.1.2 Financial Reports to 31st October 2014............................................. 12

File: ADM0075

(Attachment 10.1.2.)

364875 10.1.3 Budget Amendments – Various............................................................. 14

File: ADM0167

10.2. ADMINISTRATION REPORTS....................................................... 16

364876 10.2.1 Proposed Barn Style Shed Lot 54 (20) Caron Street Carnamah............ 16

File: ADM0273 / A30

(Attachment 10.2.1)

364877 10.2.2 Proposed Eneabba Landfill Site – Update............................................. 18

File: ADM0253

(Attachments 10.2.2a / 10.2.2b)

364878 10.2.3 Proposed Policy – Petroleum, Mining and Extractive Industries.......... 21

File: ADM0253

(Attachment 10.2.3)

364879 10.2.4 Funding Arrangements: Handover of Eneabba-Coolimba Road........... 23

File: R086

(Attachments 10.2.4a / 10.2.4b / 10.2.4c)

364880 10.2.5 Retention and Renovation of Former Carnamah Police Station.......... 28

File: ADM0310

(Attachment 10.2.5)

364881 10.2.6 Tender 08/14: Supply and Delivery of Gravel....................................... 30

File: Tender 08/14

364882 10.2.7 Tender 09/14: Hire of Prime Mover..................................................... 32

File: Tender 09/14

364883 10.2.8 Proposed Sale of Lot 101 Bierman Place Carnamah............................. 34

File: ADM0222

364884 10.2.9 Sale of Surplus Items by Tender........................................................... 36

File: Tenders 12/14 – 21/14

(Attachment 10.2.9)

10.3. CONFIDENTIAL REPORTS............................................................. 38


11. ORDERING THE COMMON SEAL................................................ 38

12. REPORTS OF COMMITTEES AND MEMBERS.......................... 38

13.

MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN...................................................................................................

38

14. NOTICE OF MOTIONS..................................................................... (For consideration at the following meeting, if given during the meeting)

38

15. NEW BUSINESS OF AN URGENT NATURE ADMITTED BY

COUNCIL.............................................................................................

38

16. CLOSURE OF MEETING................................................................. 38

APPENDICES

APPENDIX “A” MINUTES OF ORDINARY MEETING OF COUNCIL

15th

OCTOBER 2014 AS CIRCULATED.

APPENDIX “B: MINUTES OF AUDIT COMMITTEE OF COUNCIL

15th

OCTOBER 2014 AS CIRCULATED

APPENDIX “C” MINUTES OF AUDIT COMMITTEE OF COUNCIL

19th

NOVEMBER 2014 TO BE CIRCULATED


SHIRE OF CARNAMAH

DISCLAIMER

No responsibility is implied or accepted by the Shire of Carnamah for any act, omission or

statement or intimation occurring during Council or committee meetings.

The Shire of Carnamah disclaims any liability for any loss whatsoever and howsoever caused

arising out of reliance by any person or legal entity on any such act, omission or statement or

intimation occurring during Council or committee meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act or

omission made in a Council or committee meeting does so at that person’s or legal entity’s

own risk.

In particular and without detracting in any way from the broad disclaimer above, in any

discussion regarding any planning application or application for a licence, any statement or

intimation of approval made by any member or officer of the Shire of Carnamah during the

course of any meeting is not intended to be and is not taken as notice of approval from the

Shire of Carnamah.

The Shire of Carnamah advises that anyone who has any application lodged with the Shire of

Carnamah shall obtain and should only rely on WRITTEN CONFIRMATION of the

outcome of the application, and any conditions attaching to the decision made by the Shire of

Carnamah in respect of the application.

Signed: ____________________________

CHIEF EXECUTIVE OFFICER


SHIRE OF CARNAMAH

___________________________________________________________________________

MINUTES

ORDINARY MEETING OF COUNCIL

Held in the CARNAMAH COUNCIL CHAMBERS, CARNAMAH

On WEDNESDAY 19th November2014

Commencing at 2.00PM

_______________________________________________________________________

1. DECLARATION OF OPENING

In the absence of the President, Cr Merle Isbister and Deputy President Cr Ian Stirling,

the Chief Executive Officer called for nominations for Chairperson for the Meeting.

Moved Cr Kikeros, Seconded Cr Bowman that Cr Wooltorton be nominated to Chair

the Audit Committee Meeting. Carried 5-0

Cr Wooltorton took the chair and declared the Meeting open at 2.05pm

2. RECORDS OF ATTENDANCE

Present:

Cr M Isbister President In: 3.17pm

Cr C Kikeros Councillor

Cr D Wooltorton Councillor

Cr E Cockin Councillor

Cr I Bowman Councillor

Cr S Laundy Councillor

Mr W Atkinson Chief Executive Officer

Mr I Walsh Deputy Chief Executive Officer

Ms J Hayley Executive Secretary / Project Officer

Apologies:

Cr I Stirling Deputy President

Leave Of Absence (Previously Approved)

Nil

Members of the Public

Rhonda Wellington Jody Smith Brenda Bowman

Heather Sewell Lee-Ann Dring Lydia Haeusler

Kirstie Lafferty Jaime Yallop Scott Bowman

Ron Speldewinde Peter Wittwer Paulina Wittwer

Veronica Davies Margaret Waterman Catie Davenport

Ray Hortin


3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN

ON NOTICE

Nil

4. PUBLIC QUESTION TIME

Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE

Moved: Cr Cockin

Seconded: Cr Kikeros

That Councillor Cockin and Councillor Stirling be granted leave of absence from the

December 2014 meeting of Council

CARRIED 5 - 0

6. DISCLOSURE OF INTEREST

Cr Laundy declared an Indirect Financial Interest in Item 10.2.5

Cr Isbister declared a Proximity Interest in Item 10.2.8

7. PETITIONS, DEPUTATIONS AND PRESENTATIONS

Representatives from the Department of Mines and Petroleum (DMP) and the

Department of Water (DoW) made a presentation to the meeting to advise on the

current legislative framework and protection of water resources as it relates to onshore

oil and gas activities

Representatives from DMP were Jason Medd and Brad Jakowyna and Luke Earnshaw.

Stephen Watson represented the Department of Water.

Several members of the public were in attendance and took the opportunity to ask

questions after the presentations.

Cr Isbister entered the meeting at 3.17pm

Cr Wooltorton thanked the guests for their attendance.

3.30pm

Moved: Cr Kikeros

Seconded: Cr Bowman

That Council meeting is adjourned.

CARRIED 6 – 0

Cr Isbister took the Chair and thanked Cr Wooltorton for filling in during her

absence.


3.42pm Cr Wooltorton left the meeting

3:43pm

Moved: Cr. Bowman


That Council meeting resume.

CARRIED 5 – 0

3.45pm Cr Wooltorton returned to the meeting

Representatives from DMP and DoW and all members of the public except Catie

Davenport and Paulina Wittwer , left the Meeting

8. ANNOUNCEMENTS BY THE PRESIDING PERSON

WITHOUT DISCUSSION

Nil

9. CONFIRMATION OF MINUTES

9.1 MINUTES OF ORDINARY MEETING OF COUNCIL HELD

15th

OCTOBER 2014

As Circulated

VOTING REQUIREMENT:

Simple Majority

COUNCIL RESOLUTION 364870 ITEM: 9.1

Moved: Cr Wooltorton


That the Minutes of the Ordinary Meeting of Council held on the 15th

October 2014 be

accepted as a true and correct record.

CARRIED 6-0


9.2 MINUTES OF AUDIT COMMITTEE MEETING OF COUNCIL HELD

15th

OCTOBER 2014

As Circulated

VOTING REQUIREMENT:

Simple Majority


Moved: Cr Laundy

Seconded: Cr Kileros

That the Minutes of the Audit Committee Meeting of Council held on the 15th

October

2014 be accepted as a true and correct record and that Council adopts all

recommendations therefrom.

CARRIED 6-0

9.3 MINUTES OF AUDIT COMMITTEE MEETING OF COUNCIL HELD

19th

NOVEMBER 2014

To Be Circulated

VOTING REQUIREMENT:

Simple Majority



Seconded: Cr Bowman

That the Minutes of the Audit Committee Meeting of Council held on the 19th

November

2014 be accepted as a true and correct record and that Council adopts all

recommendations therefrom.

CARRIED 6-0


10 MANAGEMENT REPORTS

10.1 FINANCE REPORTS

10.1.1. ACCOUNTS FOR PAYMENT

SUMMARY

Council to confirm the payment of creditors for the period 4th

October – 7th

November 2014

in accordance with the Local Government (Financial Management) Regulations 1996 section

13(1).

ATTACHMENT

Copy of list of accounts paid (EFT & cheque payments), which will enable Council to

confirm the payment of its creditors in accordance with Local Government (Financial

Management) Regulations 1996, Section 13(1).

BACKGROUND

Financial Regulations require a schedule of payments made through the Council bank

accounts to be presented to Council for their inspection. The list includes details for each

account paid incorporating the payee’s name, amount of payment, date of payment and

sufficient information to identify the transaction.

COMMENT

Invoices supporting all payments are available for inspection. All invoices and vouchers

presented to Council have been certified as to the receipt of goods and the provision of

services and as to prices, computations and costings, and that the amounts shown were due

for payment.

CONSULTATION

Nil

STATUTORY ENVIRONMENT

Local Government Act 1996, Section 6.4 Financial Report

Local Government (Financial Management) Regulations 1996 -

Section 12 Payments from municipal fund or trust fund;

Section 13 Lists of accounts; and

Section 15 Rounding off figures

Applicant: N/A

Location / Address: N/A

File Ref: ADM075

Disclosure of Interest: Nil

Date: 11th

November 2014

Author: Deputy Chief Executive Officer

Attachments: 10.1.1 Cheque & EFT Listing


POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENT

Simple Majority

OFFICER RECOMMENDATION / COUNCIL RESOLUTION 364873 ITEM: 10.1.1



That payment listed as attachment 10.1.1. List of Accounts Due and Paid for the period 4th

October – 7th

November 2014; and paid by the Chief Executive Officer under delegated

authority of Council, or by the Deputy CEO (in the Chief Executive Officer’s absence) as

delegated by the Chief Executive Officer including:

Manual Municipal cheques: 22345 - 22349

Municipal cheques: 27859- 27864

Municipal EFT’s: 7388 - 7484

Trust Cheques: 300349 - 300353

Payroll direct debits: #8, #9 and #10

Municipal Direct Debits 31102014

Totalling $966,120.61 be approved and passed for payment.

CARRIED 6-0


SUMMARY

A Statement of Financial Activity and other supplementary financial information is produced

monthly as part of the Council meeting agenda.

BACKGROUND

The attached financial report for the period 1 July 2014 to 31 October 2014 (marked 10.1.2)

has been prepared in accordance with the Local Government Financial Management

Regulations.

COMMENT

Included with this report is the following:

Statement of Financial Activity for the period 1 July 2014 to 31 October 2014;

Summary Rates Trial Balance Report as at 31 October 2014;

Cash and Investment Listing;

Debtors Listing:

Other Supplementary Information;

CONSULTATION

Nil


Local Government (Financial Management) Regulation 34 - Financial activity statement

report — s. 6.4

POLICY IMPLICATIONS

Nil


Nil

VOTING REQUIREMENT

Simple Majority

10.1.2. FINANCIAL REPORTS TO 30 SEPTEMBER 2014

Applicant: N/A


File Ref: ADM0075


Date: 10th

November 2014


Attachments: 10.1.2 Monthly Statement of Financial Activity,



Moved: Cr Bowman


That Council receive the Statement of Financial Activity for the period 1 July 2014 to

31 October 2014; and other supplementary financial information as presented.

CARRIED 6-0


10.1.3 BUDGET AMENDMENTS – VARIOUS

Applicant: N/A


File Ref: ADM0167


Date: 11th

November 2014


BACKGROUND

The 2014/15 budget was based on a number of assumptions including the value of surplus

funds carried forward and the estimation of road grants income.

COMMENT

Now that the financial statements for the year ended 30th

June 2014 have been completed and

audited, the actual surplus funds carried forward to the 2014/15 year has been reduced down

by $76,809 (from $1,393,526 to $1,316,717)

The Roads to Recovery program has been extended for a further four (4) years however

Council’s annual grant allocation has been reduced from $192,833 to $183,789. This can be

offset by reducing the expenditure to match the income.

It is recommended that that the 2014/15 budget be amended as follows:

G/L Account # Description

(Saving) /

Extra Cost

$

Income

1200 Other Grant Funding (32,000)

0517

Contributions & Donations (Refund of B/F Brigade

ESL 2013/14) (6,232)

1471 Insurance Reimbursements (18,714)

1202 Grants & Subsidies - Roads to Recovery 9,044

Expenditure

U002 Bunjil Carnamah Rd 23,875

U005 Winchester East Rd - Seal Upgrade (9,044)

0453 Consultants/Relief Staff (43,738)

(76,809)



Section 6.8 of the Local Government Act 1995 states ‘… a local government is not to incur

expenditure from its municipal fund for an additional purpose except where the expenditure:

a) is incurred in a financial year before the adoption of the annual budget by the local

government;

b) is authorised in advance by resolution; or

c) is authorised in advance by the mayor or president in an emergency…’

POLICY IMPLICATIONS

Nil


It is considered there would be no adverse impact on Council financial position at the 30th

June 2015.

VOTING REQUIREMENT

ABSOLUTE majority.


Moved: Cr Bowman


That Council notes and amends the 2014/15 budget as follows:

Account # $

6002 Reduce surplus b/fwd -76,809

1200 Increase income 32,000



1202 Reduce income -9,044

U002 Increase expenditure -23,875

U005 Reduce expenditure 9,044

0453 Reduce expenditure 43,738

CARRIED BY ABSOLUTE MAJORITY 6-0


10.2. ADMINISTRATION REPORTS

10.2.1 PROPOSED BARN STYLE SHED – LOT 54 (20) CARON STREET

CARNAMAH

Applicant: Martin Beck

Location / Address: Lot 54 Caron Street Carnamah

File Ref: ADM0273 / A30


Date: 7th

November 2014


Attachments: 10.2.1 Photographs of Proposed Building Site

SUMMARY

This report recommends that Council grant planning approval for the erection a barn style

shed on lot 54 (20) Caron Street, Carnamah subject to the following conditions:

1. That no windows are introduced above fence level on the southern boundary capable

of invading neighbours privacy.

2. That the outbuilding is not used for any habitable purposes in the future

BACKGROUND

The Shire is in receipt of a building application from Nusteel Patios and Sheds for a Barn

Style shed on lot 54 (20) Caron Street, Carnamah. The overall height of the shed is 5.71m,

virtually a two storey building.

Council does not have a policy on class 10 building heights and sizes but does have

discretionary powers under its Town Planning Scheme to consider if the building does not

affect the amenity of the area and does not encroach on the privacy of neighbouring lots.

The Residential Planning Codes are automatically adopted by Council under its Town

Planning Scheme but they are very restrictive in their application to Country areas, where the

zoning table lists the building as “D” use giving Council the discretion to approve should it

wish to do so. An inspection of the site was carried out by Council’s Health/Building Officer

(pictures attached) to consider any issues with the proposed building on the site that may

impact on the amenity of the area.

COMMENT

The Shire of Carnamah Local Planning Scheme No.2, section 5.8.5 and 5.8.6, Development

of Out buildings and other structures states:

Within all zones planning and building approval will be granted to outbuildings appurtenant

to a dwelling provided all building setbacks and building separate requirements have been

complied with; The buildings are of single storey construction; and are located behind any

residence on site.

Council shall determine the development standards, including height, area, setbacks and

construction materials for outbuildings; carports or garages; pergolas; shade houses or


conservatories; sheds or workshops; and any accommodation intended to house livestock,

including kennels, stables, aviaries, fowl house or pigeon lofts.

The proposed building, although is in excess of a standard height, should still be considered

as a single storey with the conditions as per the recommendation.

CONSULTATION

Mr Trevor Brandy – Manager Regulatory Services


Residential Planning Codes

Shire of Carnamah Local Planning Scheme No.2

POLICY IMPLICATIONS

Each application should be judged on its merits.


Subject to the appropriate building fee

VOTING REQUIREMENT

Simple Majority




That Council grant planning approval for the erection a barn style shed on lot 54 (20)

Caron Street, Carnamah subject to the following conditions:

1. That no windows are introduced above fence level on the southern boundary

capable of invading neighbours privacy.

2. That the outbuilding is not used for any habitable purposes in the future

CARRIED 6-0


10.2.2 PROPOSED ENEABBA LANDFILL SITE – UPDATE

Applicant: N/A

Location / Address: Lot 10240 Mineral Sands Road Eneabba

File Ref: ADM0253


Date: 10th

November 2014

Author: Mr Gordon Houston – Dallywater Consulting/CEO

Attachments: Letters (copies) – 10.2.2a Minister for Mines & 10.2.2b

Department of State Development

SUMMARY

That Council note and endorse the actions taken in progressing approval processes and

clarifying future responsibilities with respect to contamination associated with the

acquisition of portion of Eneabba Lot 10240

BACKGROUND

Council at its meeting on the 15th

October 2014, resolved as follows:

That Council, in pursuance of Section 75 of the Planning and Development Act 2005 amend

the Shire of Carnamah Local Planning Scheme No 2 by:

Rezoning that portion of Lot 10240 Mineral Sands Road, Eneabba, from “Rural” zone to

“Public Purposes – Rubbish Tip” local scheme reserve, as more clearly shown on the

scheme amendment map.

and:

That the DSD and DoM be formally requested to ensure and confirm that all aspects of

the requirements on the Company to remediate and or restore the subject land have been

met prior to its release, and that those deliberations included a requirement for the

Company to prove that the site is free from the contamination subject of the

contaminated sites registration current for the whole of Lot 10240 to the satisfaction of

the Contaminated Sites Branch (CSB) of the DER.

That the Shire accepts the CSB’s offer of assistance and advice and provide a letter of

representation to Dallywater Consulting confirming the Shire’s approval for it to act as

its representative in this regards.

That the Contract of Sale document not be signed until the above-mentioned

confirmation has been received from the DSD and DoM and Council has assessed the

agency advice to ensure that it provides the requisite sureties.

From information received from the Contaminated Sites Branch, the PCIR classification of

this site related to information that hydrocarbon contamination (e.g. from petrol, diesel or oil)

was present in soil at a former heavy vehicle refueling site, located on Lot 10240. The

classification also identified that radionuclide contamination is potentially present in

groundwater on the site, near the southern boundary.


The Branch also indicated that additional information was available to suggest that

groundwater at the site is also potentially impacted by other contamination, predominantly

near the southern boundary.

COMMENT

An application for subdivision can be made in the usual manner however, per Section 58(6) (a)

of the Contaminated Sites Act, the WAPC cannot approve a subdivision on land with a PCIR

listing without “seeking, and taking into account, the advice of the CEO as to the suitability

of the land for the subdivision, amalgamation or development.”

Therefore, when the Contaminated Sites Branch is approached by the WAPC re this subdivision,

it may require an investigation to be undertaken into the nature and extent of contamination

at or on various parts of the site. Currently, it is understood that Iluka undertake regular

groundwater monitoring focusing on the southern portion of the site. However, DER has no

specific information in relation to soil or groundwater contamination arising from the Iluka

operations impacting on the small north western portion of the site currently used by the

Shire as a landfill and thus, does not currently hold any information to suggest that any

contamination is present in that area.

It would therefore appear to be in the best interests of the Shire to distinguish contractually

between responsibility for contamination arising from their operation of the landfill and

responsibility for pre-existing contamination affecting soil or groundwater arising from the

Iluka operations.

Letters to the Department of State Development and the Department of Mines have been

prepared and sent ( copies attached) requesting that as part of their approval to release the

subject land for subdivision, that they consider conditioning their approvals such that Iluka

are required to describe the location, nature and extent of any contamination on Lot 10240,

the assessments (and results of same) being undertaken by the company to monitor the

contamination and whether the contamination is present on or likely to impact the landfill site

in the future.

DoM have advised that as part of the surrender of a portion of the mining lease, they will (as

a matter of course) be sitting with the relevant agencies (and the Contaminated Sites Branch)

to discuss the requirements to be imposed on Iluka in surrendering the land to the satisfaction

of those agencies.

CONSULTATION

CEO – Shire of Carnamah

Mr Gordon Houston – Dallywater Consulting


Nil

POLICY IMPLICATIONS

Nil



Nil

VOTING REQUIREMENT

Simple Majority


Moved: Cr Bowman

Seconded: Cr Cockin

That Council note and endorse the actions taken in progressing approval processes

and clarifying future responsibilities with respect to contamination, associated with

the acquisition of portion of Eneabba Lot 10240.

CARRIED 6-0


10.2.3 PROPOSED POLICY – PETROLEUM, MINING AND EXTRACTIVE

INDUSTRIES

Applicant: N/A


File Ref: ADM0072


Date: 3rd

November 2014

Author: Chief Executive Officer

Attachments: 10.2.3 Draft Policy – Petroleum, Mining and Extractive

Industries

SUMMARY

This report recommends that Council adopt the attached draft policy on Petroleum, Mining

and Extractive Industries.

BACKGROUND

For the last two years there have been concerns about the emergence of the unconventional

gas (fracking) industry in the region, particularly with respect to the potential impact on the

environment, water aquifers and landholders rights. In September, Mr Ray Hortin and Mr

John Brown of the Eneabba P.O.W.E.R group made a presentation to Council on the

concerns associated with Companies carrying out fracking within the Shire of Carnamah.

Amongst other things in its presentation, the P.O.W.E.R group raised the following concerns:

In this area what can we expect?

1) We can expect many wells to be drilled and fracked. It is impossible to say how many

but it is likely that it will be thousands. High impact.

2) It will have much infrastructure; pipelines, compressor stations, roads, well pads, etc

3) It will have greatly increased activity, with full on drilling, fracking, pipe laying and

the construction of processing and other infrastructure.

4) Where will the workforce live and how many will be local?

5) Property owners what can they expect? They do not own the Gas?

6) What can locals living in the area expect?

7) What will happen to property prices: For houses, for farming properties?

8) How safe are our pristine water aquifers?

9) What will happen to Nature Reserves and National Park?

10) And what will happen to our environment.

Further to the presentation, the Shire has included references to the P.O.W.E.R group

presentation in its local newsletters to help in raising community awareness.


COMMENT

Within the Shire of Coorow there is also consternation about fracking operations and at the

Coorow Shire Council’s Meeting of the 17th

September 2014, the Shire adopted a policy on

Petroleum, Mining and Extractive Industries. This was circulated to Council at its October

meeting and considered to be a good example which could be replicated by the Shire of

Carnamah.

Mr Darren Friend, the CEO of the Shire of Coorow, kindly consented to Carnamah adapting

the material within the policy adopted by Coorow to use in formulating a policy of its own.

Accordingly, a draft policy for the Shire of Carnamah has been prepared and attaches to this

report.

It has to be noted however that because of the lack of jurisdiction that local government has

over petroleum, mining and extractive industries, in practical terms the only influence that it

can exert is through advocating community concerns.

CONSULTATION

Mr Darren Friend CEO Shire of Coorow


Petroleum and Geothermal Energy Resources Act 1967

POLICY IMPLICATIONS

If the proposed policy is adopted in will be included in the Shire of Carnamah Policy

Manual and will be subject to periodical review.


Nil

VOTING REQUIREMENT

Simple Majority


Moved: Cr Laundy


That Council adopt the attached draft policy on Petroleum, Mining and Extractive

Industries.

CARRIED 6-0


10.2.4 FUNDING ARRANGEMENTS: HANDOVER OF ENEABBA –

COOLIMBA ROAD

Applicant: N/A

Location / Address: Eneabba-Coolimba Road

File Ref: R086


Date: 11th

November 2014


Attachments: 10.2.4a Project Proposal: Eneabba–Coolimba Road

10.2.4b Quantity and Estimates

10.2.4c Road Project Submission

SUMMARY

This report recommends that the actions that have been initiated to ensure that the upgrading

works required to bring the Eneabba–Coolimba Road to a standard agreed to by Main Roads

WA and the Shire of Carnamah and the proposed funding arrangements, be noted by Council.

BACKGROUND

Council at its ordinary meeting held on the 18th

June 2014, resolved:

That Council agrees to the handover of the Eneabba–Coolimba Road from Main

Roads WA to the Shire if Carnamah, effective from the 30th

June 2014, subject to the

formalised terms and conditions agreed to.

The formalised terms and conditions agreed to were encompassed in the following

document:

…………………………………………………………………………………………………...

BASIS OF AGREEMENT

HANDOVER OF THE ENEABBA – COOLIMBA ROAD TO THE

SHIRE OF CARNAMAH

Parties to the Agreement:

Main Roads Western Australia (MRWA)

AND

Shire of Carnamah

9-11 Macpherson Street

Carnamah (The Shire)

Recitals:

A. WHEREAS MRWA agrees to deproclaim the Eneabba – Coolimba Road (M048) and

to transfer responsibility for the road to the Shire of Carnamah.


B. WHEREAS the Shire agrees to accept the transfer of the Eneabba – Coolimba Road

from MRWA and for the road to be designated a local road for which the Shire will

take responsibility.

Background

The Eneabba - Coolimba Road was proclaimed as a (local government) secondary road on

the 1st July 1976 and subsequently proclaimed as a main road on the 1st August 1995.

Main Roads Western Australia (MRWA) has undertaken a classification assessment and has

determined that the road no longer meets the criteria for a main road.

The road will be deproclaimed as a main road and will revert to a local road under the care,

control and management of the Shire of Carnamah.

Location of the Eneabba – Coolimba Road:

The Eneabba – Coolimba Road commences at Brand Highway immediately west of the

Eneabba townsite and terminates at Indian Ocean Drive. The length of the road is 27.37

kilometres.

Functions of the Eneabba – Coolimba Road:

The road provides several functions, including:

Major link between Indian Ocean Drive and Brand Highway. In times of emergency

bushfire situations and major traffic incidents on Indian Ocean Drive, traffic is

diverted to Brand Highway as an alternative route to Geraldton;

Tourism traffic associated with travellers accessing the coast from points inland and

also for tourists accessing Lake Indoon;

Mine workers commuting route. Iluka employees domiciled in Leeman and Dongara

use the road in their daily commute to the Iluka mine site at Eneabba;

Major agricultural lime sands route. The road comprises the first leg of a major lime

sands route from the coast to Carnamah and points eastward to the northern and

eastern agricultural areas. Heavy haulage traffic generated through this activity has

been in the vicinity of 60,000 tonnes per annum and has recently increased to 80,000

tonnes. This is expected to further increase on a long term basis.

Agreed conditions relating to the handover of the road:

Recent assessments of the condition of the road and discussions between MRWA and the

Shire on the current and forecasted significance of the Eneabba-Coolimba Road in fulfilling

its multipurpose functions have resulted in agreement between the parties for the following

works to be undertaken:

1. Existing gravel shoulders to be reconditioned to a formation width of 9.0 metres.

2. Widening of nominal bitumen seal width to 7.2 metres. It is acknowledged that the

increase in lime sand cartage on this road will require the seal width to be 7.2m

nominal width. This will then comply with the RRG assessment table standard for this

volume and category of traffic.


3. Widening of culverts to accommodate 9.0 metre formation;

4. Correction of undulating sections of bitumen;

5. Investigation and proving up of strategic gravel supplies closer to the Eneabba-

Coolimba Road which will be accessible to the Shire and Main Roads.

MRWA agrees that it will fund the works associated with the Shire programming and

delivering the required gravel shoulder work and widening of the bitumen seal to 7.2 metres.

MRWA and the Shire accepts that this work will be programmed and delivered over a 2-6

year period commencing from the 2014/15 financial year.

Within 12 months from the signing of the handover agreement, MRWA agrees to investigate

and prove strategic gravel supplies closer to the Eneabba-Coolimba Road which will be

accessible to the Shire and MRWA.

…………………………………………………………………………………………………

In a spirit of cooperation, this was communicated to the Main Roads WA (Midwest Regional

Office) on the 19th

June 2014. This was done because there was some urgency by the State

Government in divesting itself of certain infrastructure assets, of which the Eneabba–

Coolimba Road is one. It is understood that this was to assist the State Government in

demonstrating an improved performance by reducing its financial liabilities.

During the months leading up to the 1st July 2014 handover date, repeated assurances were

given to the Shire by MRWA that the handover of the road could not occur until the

agreement had been signed off by both parties. On the 1st August 2014 however, the

deproclomation of the road as a main road was gazetted, which effectively transferred

ownership of the road back to the Shire of Carnamah. Given that the terms and conditions of

the handover of the road had not been formalised by MRWA; and the previous assurances

that the Shire would have to sign off on the handover before the road became a Shire

responsibility; this not only gave cause for concern to the CEO of the Shire, but also came as

a surprise to senior staff at the MRWA Midwest - Gascoyne Regional Office.

Since that time, the Shire has initiated discussions and obtained tacit agreement from the

Regional Manager and the Network Manager of the MRWA Midwest – Gascoyne Region as

to what staged works should be carried out to bring the road up to the agreed standard.

On the 7th

October 2014, after having had a meeting in Carnamah with the MRWA Midwest

– Gascoyne Region Regional Manager and Network Officer, and at which there was general

agreement as to how this project should be staged and funded, the CEO sent the following

email to the Network Manager:

…………………………………………………………………………………………………

Hello Mark,

Further to our discussions this afternoon, I have amended the Project Proposal for the

Eneabba – Coolimba road as required (changes highlighted in yellow). The other

documentation relating to this

project is also herewith submitted in electronic form as requested.

In summary the actions to be taken from here are as follows:


Documentation to be checked by you for finalisation;

Works scoping (auger work and discussion on best ways of carrying out stage 2) to be

arranged by you. Mal to be involved;

Shire to call tenders for the supply and delivery to stockpile of 18000 m3 of gravel;

Shire to submit Road Project Submission ( in the form of Appendix 2) for approval;

Project number for 2014/15 (Stage 1 - $400,000) to be allocated by you.

I think I have covered all bases. Please let me know if I have missed anything.

Kind Regards

Bill Atkinson - CEO

Shire of Carnamah …………………………………………………………………………………………………

NOTE: Copies of the Project Proposal, Road Project Submission form and the Quantity and Cost Estimates are attached to this report.

As no response had been received to by the time that the CEO attended a Regional Road

Group meeting in Geraldton on the 24th

October 2014 he took the opportunity to follow up

the matter on that day with the MRWA Network Manager.

On the 30th

October 2014, again due to no further response, the CEO initiated a telephone

conversation with the Network Manager who advised that the matter had not been given

attention due to other priorities. Advice was given however that the Regional Manager

was in agreement in principal with the Shires position and will endeavor to finalise a

formal agreement for funding the agreed works associated with the handover of the road

by the end of the 2014 calendar year. The CEO offered to initiate a meeting with the

Minister for Transport if the MRWA Regional Office believed that this would be of

assistance.

COMMENT

The principal concern of the CEO and the Manager of Works and Services is that the Shire

will be left with a significant financial impost if the agreed staged upgrade of the road is not

funded by Main Roads WA. Funding of $400,000 has been allocated for the 2014/15

financial year by MRWA which will be applied to securing and stockpiling gravel for the

project and in extending culvert pipes and installing headwalls.

It was felt prudent to summarise the situation in this report with respect the state of play with

the handover agreement and the funding position.

If the promised action by MRWA does not come to pass for any reason and it necessary to

pursue this matter through to a satisfactory conclusion at a political level, the CEO would

appreciate some elected member support at any meetings or representations to government

that might be necessary.

CONSULTATION

Regional Manager, MRWA Midwest – Gascoyne Region

Network Manager, MRWA Midwest – Gascoyne Region

Manager of Works and Services



Main Roads Act 1930

POLICY IMPLICATIONS

Nil


To be determined

VOTING REQUIREMENT

Simple Majority


Moved: Cr Bowman

Seconded: Cr Laundy

That the actions that have been initiated to ensure that the upgrading works required to

bring the Eneabba–Coolimba Road to a standard agreed to by Main Roads WA and the

Shire of Carnamah and the proposed funding arrangements, be noted by Council.

CARRIED 6-0

The following Councillors expressed an interest in attending meetings or representations to

Government, with the CEO, if required:

Cr Bowman

Cr Kikeros

Cr Wooltorton

Cr Isbister

4.14pm

Moved: Cr Bowman

Seconded: Cr Cockin

That Council meeting is adjourned for afternoon tea.

CARRIED 6 – 0

4.35pm Catie Davenport and Paulina Wittwer left the Meeting.

4.36pm



That Council meeting resume.

CARRIED 6 – 0


4.36pm Cr Laundy declared an Indirect Financial Interest in the following item

and left the Meeting.

10.2.5 RETENTION AND RENOVATION OF FORMER CARNAMAH

POLICE STATION

Applicant: N/A

Location / Address: Carnamah Lot 1151

File Ref: ADM0310


Date: 11th

November 2014


Attachments: 10.2.5 Building condition report

SUMMARY

This report recommends that the former Carnamah Police Station be retained and renovated

for use by community groups and that funding be reallocated from budget savings in the

current financial year to enable renovation work to proceed forthwith.

BACKGROUND

Inspections of the former Carnamah Police Station situated on the corner of Macpherson and

King Streets have been recently carried out. The building has also been assessed by a

qualified builder and found to be structurally sound and worthy of renovation.

The building has been used as a meeting venue for some years by the Carnamah Lions Club.

The Lions Club would like to continue to use the building, however is prepared to share it

with another group and has also kindly indicated that it would be willing to contribute some

funds towards the costs of repair and restoration.

The Carnamah Tourist Information Group has to relinquish the use of the premises they have

been occupying for some years. Members of the group have inspected the former Police

Station and have advised that they would like to operate from those premises from 2015

onwards.

COMMENT

The main building comprises a large office/meeting room, small kitchen, two very well

preserved prison cells which are lined with jarrah, and an enclosed “exercise yard”.

Outbuildings consist of an unserviceable toilet, a dilapidated shed and a comparatively new

zincalume garage with roller door.

Main works that would need to be carried out involve:

New roof;

New ceiling in main room;

New fascia board;

Raising and securing post to front porch;


Recladding of rear shed and window repairs;

Repair and refitting of toilet;

Painting ( internal and external)

The condition of electrical wiring and meter box still requires assessment. It is believed that

the repair and renovation works could be substantially completed for $35,000 and it would be

of benefit if works could be commenced as soon as practicable.

It is also proposed to replace the unattractive trees at the front of the property (much pruned

Rivergum stumps), with a more suitable variety and to carry out some additional landscaping.

The cost of this work could be provided for in the Shires 2015/16 financial year budget.

CONSULTATION

Senior Shire Staff

Councillors

Mr Michael Brown – Builder

Representatives of the Carnamah Tourist Information Group


Local Government Act 1995 - s 6.8(1) (b) – Expenditure from municipal fund not included in

annual budget.

POLICY IMPLICATIONS

Nil


Whilst there is no provision in the 2014/15 budget for this work to be undertaken the

following options could be considered:

a) Funding of approximately $15,000.00 could be allocated from Carnamah

Revitalisation grant (Midwest Investment Programme);

b) The Carnamah and Districts Lions Club has indicated that it could contribute some

funding it has raised through the sale of scrap metal, and could also assist with

painting the building.

c) Savings have been identified in several budgeted projects that would enable Council to

fund the work being done this financial year.

VOTING REQUIREMENT

ABSOLUTE Majority


Moved: Cr Kikeros

Seconded: Cr Wooltorton

That the former Carnamah Police Station be retained and renovated for use by

community groups and that funding be reallocated from budget savings in the current

financial year to enable renovation work to proceed forthwith.


4.38pm Cr Laundy returned to the Meeting.


10.2.6 TENDER 08/14 - SUPPLY AND DELIVERY OF GRAVEL

Applicant: N/A


File Ref: Tender 08/14


Date: 6th

November 2014


Attachments: Nil

SUMMARY

This report recommends that Council endorse the action taken to recall tenders for the supply

and delivery of 18,000 cubic metres (approximately 32,400 tonnes) of gravel.

BACKGROUND

The Shire has been negotiating with Main Roads WA for funding the staged widening and

bitumen sealing of the Eneabba–Coolimba Road now that it has been deproclaimed as a main

road and is now a local government road managed by the Shire of Carnamah. The first stage

of the program is the acquisition and stockpiling of 18,000 cubic metres of gravel to enable

earthworks to be carried out to accommodate planned widening works in 2015/16 and

2016/17. Council at its last meeting resolved that tenders be called for the supply and delivery

of 18,000 cubic metres of gravel.

COMMENT

The following tenders were received for the supply and delivery of 18,000 cubic metres of

gravel to Eneabba:

Consolidated Services Estimated value - $277,560

Dudawa Haulage Pty Ltd Estimated value - $299,808

CG Group Industries Estimated value - $541,620

Some issues arose however in comparing the two most favourable tenders received, due to the

inconsistent weight per cubic metre weight of gravel sourced from different areas as a result

of its composition and degree of moisture. It has been ascertained that the most efficient way

of calling tenders for the supply and delivery of gravel would be on a weight basis (which can

be evidenced through documentation), rather than on a per cubic meterage basis. For the

purpose of this exercise, it has been decided to use the ratio that one cubic metre of gravel

equates to approximately 1.8 tonnes in weight. Given this situation and to meet tender

timelines in order that Council may make a decision on this matter at its next ordinary

meeting scheduled for Friday the 12th

December 2014, tenders have been advertised with the

revised criteria (Tender 11/14).

The Midwest/Gascoyne Division of MRWA has quarantined $400,000 toward the first stage

of the planned upgrade of the Eneabba–Coolimba Road. After a tender has been accepted, the

Shire will formalise a submission to allocate these funds towards the acquisition,

transportation and stockpiling of 18,000 cubic metres / 32,400 tonnes of gravel for this job

and to extend culvert pipes and install headwalls to accommodate the road widening.


CONSULTATION

MRWA Regional Manager and personnel – Midwest/Gascoyne region.


Deputy Chief Executive Officer

Consolidated Services

Dudawa Haulage Pty Ltd


Local Government Act 1995 – S 3.57 – Tenders for providing goods or services

Local Government Functions and General Regulations 1996

POLICY IMPLICATIONS

Nil


Costs associated with the supply and delivery of gravel will be met through the $400,000

allocation from MRWA for the current financial year.

VOTING REQUIREMENT

Simple Majority




That Council endorse the action taken to recall tenders for the supply and delivery of

18,000 cubic metres (approximately 32,400 tonnes) of gravel.

CARRIED 6-0


10.2.7 TENDER 09/14: HIRE OF PRIME MOVER

Applicant: N/A


File Ref: Tender 09/14


Date: 6th

November 2014


Attachments: Nil

SUMMARY

This report recommends that the tender submitted by R & P French for the provision of a

prime mover on an as and when required basis over a 12 month period, at the following rates:

Water Carting - $110.00 per hour;

Gravel Carting - $130.00 per hour,

be accepted.

BACKGROUND

It is anticipated that the value of hiring a prime mover over the forthcoming 12 month period

will exceed the tender threshold of $100,000. Council at its last meeting authorised the calling

of tenders for the wet hire of a prime mover on an as and when required basis for a period of

12 months.

COMMENT

One tender was received from R & P French which specified competitive rates for the wet

hire of a prime mover

CONSULTATION





POLICY IMPLICATIONS

Nil


The cost associated with the hire of a prime mover is adequately covered in the Shire’s works

budget for the 2014/15 financial year.

VOTING REQUIREMENT

Simple Majority



Moved: Cr Kikeros

Seconded: Cr Laundy

That the tender submitted by R & P French for the provision of a prime mover on an as

and when required basis over a 12 month period, at the following rates:

Water Carting - $110.00 per hour;

Gravel Carting - $130.00 per hour,

be accepted.

CARRIED 6-0


Cr Isbister declared a proximity interest in the item below.

10.2.8 PROPOSED SALE OF LOT 101 BIERMAN PLACE CARNAMAH

Applicant: N/A

Location / Address: Lot 101 Bierman place - Carnamah

File Ref: ADM0222


Date: 11th

November 2014


Attachments: Nil

Summary

This report recommends that the tender received from Reggie Allan Walker for the purchase

of Lot 101 Bierman Place, Carnamah, for the sum of $10,000 not be accepted.

Background

Council at its ordinary meeting in October resolved to endorse the action taken to recall

tenders for Lot 101 Bierman Place, Carnamah and to authorise the recalling of tenders, as

necessary for a period of 12 months.

Comment

The tender advertisement (Tender 10/14) read:

This is a unique opportunity to purchase the only remaining undeveloped Lot in a prime

residential area of Carnamah which has modern high quality housing. The Lot has an area of

1000 m2 and Council will consider offers of $10,000 or more.

Tenders are to specify the likely timeframe for building a residence on the Lot and the

proposed type of construction.

One tender was received from Mr. R Walker who tendered $10,000 for the property and

advised that in the short term he intended to construct a shed on the property. The tender did

not specify the likely timeframe for building a residence on the Lot nor the proposed type of

construction. Due to the tender conditions not being adhered to the tender is non conforming

and unable to be accepted.

Consultation

Mr Terry McDonald – Elders Real Estate

Statutory Environment


Local Government Functions and General Regulations 1996.

Policy Implications

Nil


Financial Implications

Nil

Voting Requirement

Simple Majority.


Moved: Cr Laundy

Seconded: Cr Cockin

That the tender received from Reggie Allan Walker for the purchase of Lot 101 Bierman

Place, Carnamah, for the sum of $10,000 not be accepted.

CARRIED 6-0


10.2.9 SALE OF SURPLUS ITEMS BY TENDER

Applicant: N/A


File Ref: Tenders 12/14 – 21/14


Date: 7th

November 2014


Attachments: 10.2.9 Photographs

SUMMARY

This report recommends that tenders be called for the sale of the following items which are

surplus to the Shires requirements:

1. Mobil road sweeper (1981) - Licensed

2. Pacific multi tyred roller (1981) - Licensed

3. Squirrel self elevated platform (cherry picker) 1988 with trailer - Licensed

4. 5 tonne stationary crane

5. Fire tanker unit with Honda motor and Davey pump

6. Fire unit trailer with tank – old - delicensed

7. 2 x sofas

8. 1 x pinball machine

9. 1 x pool table

10. 1 x soccer game table

and that two nominated Councillors and the CEO be delegated to accept or reject tenders

received as the case may be.

BACKGROUND

Items 1 – 6 are old, rarely used and/or redundant.

Item 4 (stationary crane) has not been used for several years and is unlikely to meet current

safety compliance standards.

Items 7 – 10 were previously used for youth activities in the Carnamah Town Hall, however

due to lack of interest, these activities ceased approximately 4 years ago and the equipment is

cluttering up the lesser town hall area.

COMMENT

There is little point in retaining these items which for the most part have become redundant.

Council would normally assess tenders received at the ordinary meeting after which tender

have been called. Given however that the date of the next meeting of Council has been

brought forward (12th

December 2014) and given the timelines associated with advertising

and processing tenders will not allow sufficient time for tender decisions to be made at the

next Council meeting, it is suggested that the decision to accept or reject tenders as the case

may be, be delegated to two nominated Councillors and the CEO later in December.


CONSULTATION

DCEO



Local Government Act 1995 – s3.57 – Tenders for providing goods or services


POLICY IMPLICATIONS

Nil


Revenue derived from the sale of these items will add to any budget surplus that may accrue

at the end of the financial year.

VOTING REQUIREMENT

ABSOLUTE Majority




That tenders be called for the sale of the following items which are surplus to the Shires

requirements:

1. Mobil road sweeper (1981) - Licensed

2. Pacific multi tyred roller (1981) - Licensed

3. Squirrel self elevated platform (cherry picker) 1988 with trailer - Licensed

4. 5 tonne stationary crane

5. Fire tanker unit with Honda motor and Davey pump

6. Fire unit trailer with tank – old - Delicensed

7. 2 x sofas

8. 1 x pinball machine

9. 1 x pool table

10. 1 x soccer game table

and that Councillors Laundy and Isbister and the CEO be delegated to accept or reject

tenders received as the case may be.



10.3. CONFIDENTIAL REPORTS.

Nil

11. ORDERING THE COMMON SEAL

Nil

12. REPORTS OF COMMITTEES AND MEMBERS.

Nil

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN.

Nil

14. NOTICE OF MOTIONS.

(For consideration at the following meeting, if given during the meeting).

Nil

15. NEW BUSINESS OF AN URGENT NATURE ADMITTED BY

COUNCIL.

Nil

16. CLOSURE OF MEETING.

There being no further business, the President declared the Meeting closed at 4.45pm.

SHIRE OF CARNAMAH

These Minutes were confirmed at a meeting on the 19th November 2014

…………………………………….

Presiding Person at the Meeting

at which the Minutes were Confirmed

……………………………..

Date

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