shire of capel minutescapel.wa.gov.au/wp-content/uploads/sites/167/2018/04/180328...councillor bw...

Shire of Capel

MINUTES

ORDINARY COUNCIL MEETING Wednesday, 28 March 2018

SHIRE OF CAPEL

ORDINARY COUNCIL MEETING – 28.03.18

TABLE OF CONTENTS

RESPONSE TO PREVIOUS PUBLIC QUESTIONS ......................................................... 3 TAKEN ON NOTICE .................................................................................................... 3 PUBLIC QUESTION TIME ........................................................................................... 3 OC0301 APPLICATIONS FOR LEAVE OF ABSENCE ..................................................... 4 DECLARATIONS OF INTEREST ................................................................................... 4 NOTICE OF ITEMS TO BE DISCUSSED BEHIND CLOSED DOORS ................................. 4 OC0302 CONFIRMATION OF MINUTES ..................................................................... 4 ANNOUNCEMENTS BY PERSON PRESIDING WITHOUT DISCUSSION ......................... 4 PETITIONS/DEPUTATIONS/PRESENTATIONS .......................................................... 4 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ...................................... 6 QUESTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................. 10 CHIEF EXECUTIVE OFFICER REPORTS ..................................................................... 12 OC0306 (13.1) Annual Electors Meeting - Minutes ....................................................... 12 ENGINEERING AND DEVELOPMENT SERVICES REPORTS ........................................ 24 OC0313 (14.1) Development Application – Redevelopment of Peppermint Grove Caravan Park

............................................................................................................... 24 OC0314 (14.2) Boyanup Heritage and Railway Precinct – Fettler’s Cottages Lease ........... 33 OC0315 (14.3) Extractive Industry – Lot 287 South Western Highway, Gwindinup ........... 45 OC0316 (14.4) Council Policy 5.4 Trading and Operating a Stall in Public Places .............. 56 OC0317 (14.5) Emergency Accessway Easement - English View to Duffield Place, Gelorup 60 OC0319 (14.6) Program of Works – Paths (2018-2023) ............................................... 66 OC0320 (14.7) Playground Shade Sail Program .......................................................... 72 OC0322 (14.8) 10 Year Plant Renewal Program (2018 - 2028) ...................................... 76 OC0323 (14.9) Extension of Kerbside Waste Collection and Bin Supply and Maintenance

Contracts .................................................................................................. 80 CORPORATE SERVICES REPORTS ............................................................................ 85 OC0324 (15.1) Audit Committee Minutes ................................................................... 85 OC0325 (15.2) Delegations Register ......................................................................... 90 OC0326 (15.3) Accounts Due and Submitted for Authorisation ...................................... 95 OC0327 (15.4) Financial Statements for 28 February 2018 .......................................... 100 OC0328 (15.5) Accounts Paid During the Month of February 2018 ................................ 107

COMMUNITY SERVICES REPORTS ......................................................................... 122 OC0329 (16.1) Early Years Strategy Unbudgeted Expenditure ...................................... 122 OC0330 (16.2) Local Emergency Management Committee Minutes ............................... 126 OC0331 (16.3) Local Emergency Management Committee Minutes ............................... 129 NEW BUSINESS OF AN URGEN NATURE ................................................................ 132 PUBLIC QUESTION TIME ....................................................................................... 132 MOTIONS WITHOUT NOTICE (ABSOLUTE MAJORITY BY COUNCIL) ...................... 133 NOTICES OF MOTION FOR CONSIDERATION AT ................................................... 133 THE NEXT ORDINARY MEETING OF THE COUNCIL ................................................. 133 ITEMS FOR CONSIDERATION BEHIND CLOSED DOORS ......................................... 133 OC0333 (21.1) Compliance Action – Non Compliant Land Use – Motor Vehicle Wrecking .. 133 MEETING CLOSURE ............................................................................................... 135

SHIRE OF CAPEL

MINUTES OF THE ORDINARY COUNCIL MEETING HELD IN THE COUNCIL CHAMBERS, SHIRE ADMINISTRATION OFFICE, FORREST ROAD, CAPEL ON WEDNESDAY, 28 MARCH 2018 COMMENCING AT 4.35PM. PRESENT: President MT Scott Councillor BW Bell BW Hearne DJ Kitchen PK McCleery DL Radisich SV Schiano JA Scott MT Southwell Chief Executive Officer PF Sheedy Executive Manager Community Services MI Plume Executive Manager Corporate Services S Stevenson Executive Manager Engineering & Development Services JM Gick Manager Emergency & Rangers Services LD Freeman Manager Planning Services K Muste Senior Planning Officer K Henry Senior Strategic Planning Officer M Warnsborough Youth Development and Communications Officer C Eadie Minute Secretary C Anderson APOLOGY: Nil VISITOR: Journalist, South Western Times E Ace MEMBERS OF PUBLIC: 9 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil PUBLIC QUESTION TIME Mr Phil Harbour, 9 Koulberry Drive, Dalyellup: Do the new covenants and deeds for

the solid residue waste site nullify those in the previous deed when the new deed comes into effect?

CEO: I will take the question on notice.

Mr Phil Harbour: Are the Covenants and agreements contained within the deeds, 1989-2013 between SCM/Millennium/Cristal Global and the Shire of Capel continuous through all Deeds, are the agreements in the first and subsequent deeds still applicable and are the previous deeds only nullified where stated. Chief Executive Officer (CEO): I will take that question on notice.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ............................................ 4 OC0301 APPLICATIONS FOR LEAVE OF ABSENCE Moved Cr J Scott, Seconded Cr McCleery That Councillor Cr B Hearne is granted a Leave of Absence from the Ordinary Council meetings to be held on 26 April and 23 May 2018.

Carried 9/0 DECLARATIONS OF INTEREST Cr M Scott delared a Financial Interest in Item 12 Questions of Which Previous Notice

has been Given. The nature of his interest is that the question relates to payment made to his position as Deputy Fire Control Officer.

Cr McCleery declared a Impartiality Interest in Item 13.1 Annual Electors Meeting. The naure of his interest is the item refers to the Water Corporation Buffer, he is an Employee of the Water Corporation.

Cr Kitchen declared Proximity Interest in Item 14.6 Program of Works – Paths (2018-

2023). The nature of his interest is that the footpath planned in 2020/21 (Tavern to Bridge) is in direct proximity to a property his family owns.

Cr Hearne declared a Proximity Interest in Item 14.6 Program of Works – Paths (2018-

2023). The nature of his interest is path works adjoin his property. Mr Jason Gick declared a Finanial Interest in Item 14.8 10 Year Plant Program Renewal

Program (2018-2028). The nature of his interest is vehicle 70CP is allocated to him for full private use under conditions of employment.

Mr Shane Faber declared an Interest in Item 14.8 10 Year Plant Program Renewal

Program (2018-2028). The nature of his interest is that he gets use of the vehicle for restricted private use.

NOTICE OF ITEMS TO BE DISCUSSED BEHIND CLOSED DOORS Nil OC0302 CONFIRMATION OF MINUTES

Moved Cr J Scott, Seconded Cr Hearne

That the Minutes of the Ordinary Council meeting held on 28 February 2018

be confirmed. Carried 9/0

VOTING REQUIREMENTS Simple majority

ANNOUNCEMENTS BY PERSON PRESIDING WITHOUT DISCUSSION The President announced that the New CEO appointment has now been made.

PETITIONS/DEPUTATIONS/PRESENTATIONS Mr P Ashton and Ms K Bemrose made a Presentation to Councillors on the Green Patch petition. The President thanked Mr Ashton and Ms Bemrose for their presentation.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ............................................ 5

RECEPTION OF PETITIONS – ‘Greenpatch’ Local Structure Plan, Dalyellup As per the Shire of Capel Standing Orders Local Law 2016 clause 4.9 the President received a petition in the form prescribed in the Standing Orders Schedule from Ms K Bemrose, 37 Blaxland Road, Dalyellup, signed by 1397 persons. The Statement of facts and the action sought on the front page reads: ‘We, the undersigned, do respectfully request that the Council fully reject the revised Green Patch structure plan (1453P-SP-04B- Lots 9105, 9076 and 8019 Dalyellup) as it does not address many fundamental concerns with developing this land, to any degree, including but not limited to: No need as large existing estate land still not developed in Dalyellup; Adjacent toxic waste dump has no lining or geotechnically stable capping; Toxins present in both soil and groundwater are outside guidelines e.g. CrV1; Risk of further accumulation and migration of toxins – ground water flow patterns uncertain; odour buffer concerns; Loss of quality tuart bushland and some rare and threatened flora and fauna; Loss of wildlife corridor and wetland vital to local frogs, reptiles and birds; Proposed Margaret River off-set has inappropriate vegetation type and ecosystem; Cultural significance to traditional owners; Many residents advised by Satterley sales staff that the Green Patch would not be developed; Does not meet Liveable Neighbourhood Planning Policy (2015) to achieve walkable (400m) distances to shops, schools, amenities and services; Proposal inconsistent with adjacent areas which include ½ acre bush buffer building blocks; No buffers will reduce property values for existing residents; High-density development will attract antisocial behaviour and significant social consequences; High-density development will increase traffic flow, noise pollution and safety risks.’ As required under Standing Orders Local Law clause 4.9(2):

The petition to the Council is— (a) as far as practicable prepared in the form prescribed in the Schedule; (b) addressed to the Council and forwarded to a member or the CEO; (c) states the name and address of the person to whom correspondence in

respect of the petition may be served; and (d) is respectful and temperate in its language. The Shire of Capel Standing Orders Local Law, clause 4.9(4) indicates:

The only motions in respect of a petition that are in order are that — (a) the petition be received; (b) a report on the petition be prepared; or (c) that the petition be acknowledged and be dealt with by the Council in

conjunction with a similar item on the same agenda paper. Chief Executive Officer’s Comment A review of the petition by staff has indicated that five (5) residents have signed the petition twice and a further 162 persons are either non-residents of the Shire or not on the residents role (not a requirement of a valid petition of this nature). As the petition relates to the ‘Green Patch’ Local Structure Plan in Dalyellup that was advertised for public comment, closing on Friday 16th March 2018, it is recommended that the ‘Statement of facts and the action sought’ in the petition be dealt with in conjunction with all the other submissions received on the Dalyellup ‘Green Patch’ Local Structure Plan proposal and included in the Officer report that will be part of a future Council agenda item, intended for April 2018 Council meeting. Whilst the Standing Orders do not specifically allow for a decision with similar wording to what is recommended above, given that there is no ‘similar item’ on this Council

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ............................................ 6

meeting agenda paper, it is proposed that the following recommendation be endorsed on the understanding that the petition will be included with other submissions as part of a future report to Council. VOTING REQUIREMENTS Simple majority

OC0303 OFFICER’S RECOMMENDATION/COUNCIL DECISION

Moved Cr Scott , Seconded Cr Southwell That the petition be acknowledged and be dealt with by the Council in conjunction with all the other submissions received on the Dalyellup ‘Green Patch’ Local Structure Plan proposal and included in the Officer’s report that will be part of a future Council agenda item.

Carried 9/0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Cr Michael Southwell has submitted the following two Notices of Motion as per Standing

Orders Local Law Clause 4.12. OC0304 COUNCIL MOTION

Moved Cr Southwell, Seconded Cr Schiano Council instruct the CEO that Minutes of Council meetings be prepared so that

the published Minutes disclose the names of councillors and the way they voted on items, not just the numerical results of the vote, unless the vote is unanimous.

Lost 1/8 VOTING REQUIREMENTS Simple majority

M Wansborough left the meeting at 5.01pm and did not return.

Reasons: This change if passed, would make it easier for electors, ratepayers and

residents to discern quickly how their elected members voted on motions brought to Council. It is a simple change to ensure greater levels of openness and accountability. This practice is common at other Councils. Currently, councillors here at Capel must ask after the vote on each specific item if they wish to have their name and the way they voted recorded in Minutes. This is cumbersome and unnecessary.

CEO Comment: The Local Government Act 1995, section 5.21 (4) indicates that: (4) If a member of a council or a committee specifically requests that there be

recorded — (a) his or her vote; or (b) the vote of all members present, on a matter voted on at a meeting of the council or the committee, the person

presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

This section of the Act allows a council member (Councillor) to make the request on one or more of the matters being considered by Council, but it requires a specific request from the council member each time that they want the votes for and against to be recorded and it has to happen immediately after the Presiding Member declares the result of the vote on that matter.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ............................................ 7 This Notice of Motion if passed, would require the automatic recording of each council members vote, both for and against, on all agenda items considered at each council meeting, regardless of whether it was passed or lost, except for those where the motion is supported by all those council members present (unanimous) at the meeting. It would therefore only require one council member to vote for or against a motion to trigger the recording of votes requirement. The proposal would only result in a minor increase in administration, but there would also be a slight delay in the meeting process, to allow for the recording of each council members vote where required. Whilst it does not appear to be an overwhelming common practice in other Councils for the recording of council members votes to occur, some Councils have initiated this practice. Information was requested from the other eleven local governments in the South West on this practice and of the ten (10) responses received, three (3) local governments (Augusta-Margaret River, Busselton and Manjimup) record the voting of the council members, except where it is unanimous and five (5) don’t record the voting. Bridgetown-Greenbushes and Nannup only record those council members voting against a motion. The City of Bunbury CEO (currently does not record) is considering moving to the ‘recording of votes’ process. Finally, it does appear that a number of Councils are moving towards this process in the name of transparency with the community, but it would be fair to say that the community are generally only concerned about knowing how their council members have voted when it comes to contentious issues and the Act does allow for this recording to be undertaken when required. OC0305 COUNCIL MOTION

Moved Cr Southwell, Seconded Cr McCleery

That the CEO take the steps needed to ensure that, except when a confidential issue is to be discussed, council forums, including the so-called “round table discussion” held prior to Council meetings, and so-called “budget workshops” are in future open to the public, with Agendas published prior to the meetings and Minutes of the meetings taken and published.

Lost 1/8 VOTING REQUIREMENTS Simple majority Mark Chadwick entered the Chambers at 5.03pm. Reasons: This is another measure aimed at making Council more open and accountable

to ratepayers, electors and residents. There is no good reason to hold these meetings in secret. Many people in the Shire feel and express the view that at times they do not comprehend Council decision-making processes and it seems officer recommendations brought to Council are in many cases a “fait accompli” which must already have been discussed or “workshopped” in private, behind the scenes. This suspicion is enhanced by Council Minutes which show many officer recommendations on sometimes contentious issues have been decided by Council with a unanimous vote of Councillors, and without any debate. According to the Local Government’s Operational Guidelines, the decision-making processes of Council should be transparent and where possible take place in public.

CEO Comment: The Department of Local Government, Sport and Cultural Industries (DLGSC) ‘Local Government Operational Guidelines Number 05 Council Forums’ has a number of comments relevant to this matter, some of which are reproduceD below for the information of Councillors. The full Operational Guideline can be perused on the DLGSC website or a hard copy can be provided on request to the CEO.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ............................................ 8 Local Government Operational Guidelines Number 05 Council Forums 3. Concept Forums Concept forums involve elected members and staff meeting to propose, discuss and formulate philosophies, ideas, strategies and concepts for the development of the local government and the district. Such forums often involve projects that are in the early planning stage and are sometime away from being presented to council for decision. In discussing such issues, staff are looking for guidance from the elected members as they research the matter and draft the report. Elected members and staff are also looking to present ideas and concepts for future consideration. Examples of the type of issues concept forums may cover include:

current matters of a local or regional significance; matters relating to the future development of the local government; significant revenue-raising requirements or expenditure needs; the development of internal strategic, planning, management and financial documents;

and development of the selection criteria and performance objectives for the Chief Executive

Officer (CEO). Forums ‘behind closed doors’ positives and negatives Behind closed doors and in a relatively informal manner are the two notable characteristics of concept forums. Holding such meetings behind closed doors is justified in that many of the ideas and concepts are preliminary and while looking for that creative gem some may be extreme, expensive or impractical and never adopted. Discussion on such proposals in a public forum would be counter-productive. Privacy and informality allows elected members to propose ideas, ask questions and discuss issues for the better understanding of those in attendance. Such forums assist individuals to become better informed and to clarify their views. The privacy and informality of concept forums also has pitfalls including the risk of neglecting proper standards of probity and public accountability. Over time, participants can become too familiar, and therefore more lax, with the procedure and purpose of the meeting. Unless procedures are adopted and rigorously applied to these forums, there is a danger that collective or collaborative decisions may be made, implied and otherwise. 4. Principles Governing Procedural and Behavioural Controls for Forums Local governments that conduct forums or are considering doing so have the right to implement a forum system that best suits their needs. The principles and associated procedures set out below, if adopted by local governments when conducting forums, will ensure that all requirements of accountability, openness and transparency are satisfied.

Accountability There must be no opportunity for a collective council decision or implied decision that binds the local government to be made during a forum. Agenda forums should be for staff presenting information and elected members asking questions, not opportunities to debate the issues. Councils, when considering conducting closed forums, need to consider their reasons for justification against the likely damage to their public standing from the perception of secrecy. A policy that the forums will generally be open to the public will make a significant contribution to

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ............................................ 9 the community perception of council accountability. A clearly delineated distinction between agenda and concept forums is important for these reasons. Openness and Transparency In conducting forums each local government should make a conscious decision to promote the community perception that it embraces the concept of openness and transparency. Therefore, whenever appropriate, forums should be open to the public. Meeting Notification Formal provisions do not apply to forums but the principles remain the same. Adequate notice needs to be given of the time, location and content of the forum. 7. Model Procedures for Forums Before introducing, or continuing with forums, councils have a responsibility to weigh carefully the risks as well as the benefits associated with such a process and consider if there are better, alternative ways of achieving the desired outcomes. Procedures Applying to Both Concept and Agenda Forums The Department recommends that councils adopt a set of procedures for both types of forums A record should be kept of all forums. As no decisions will be made, the record need only be a general record of items covered but should record disclosures of interest with appropriate departures/returns. Procedures Specific to Concept Forums The Department recommends that councils adopt specific procedures for concept forums which include the following: Concept forums may be open to the public when an issue is being discussed that council believes would benefit from public awareness and debate; 9. Summary With most local governments, elected members need opportunities to discuss issues outside of the formal ordinary meeting process. The Department acknowledges this approach because those elected members that have the maximum opportunities for input will obtain the greatest satisfaction emanating from their time in local government. The opportunity for input can be best gained through forums or committees of the full council. Councils that wish to hold forums of either the concept or agenda type are encouraged to adopt rules and processes that are in line with these guidelines. This will assist with openness and accountability, minimise public criticism and lead to a more effective and efficient local government. CEO Comment: The ‘Round the Table’ sessions held by Council each month just prior to the Council meeting don’t fall within the definition of a ‘Concept or Agenda Forum’ as they are what would be generally referred to as ‘General Business’ that was the final agenda item on most Council meeting agendas a number of years ago. Given the nature of this session it would not be possible to have an agenda prepared prior to each session. Given it was introduced to replace the old “General Business’ on past council agendas there may be an argument for it to be open to the public, but if there was to be any questions, comment or discussions on matters that the Local Government Act allows to happen

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 10 behind closed doors (legal advice, contract details, staff matters etc.) then there may be the need to close this part to the public. If the establishment of a set of procedures for ‘Concept Forums’ removes any concerns or accusation by the community that Council is not being ‘accountable, open and transparent’ then perhaps that is a positive and worth considering. Finally, what needs to be clearly understood and appreciated is that at times ‘Concept Forums’ behind closed doors are a legitimate way for a Councillors to discuss some issues and they are supported by the DLGSC. QUESTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Cr M Scott delared a Financial Interest in Item 12 Questions of Which Previous Notice has been Given. The nature of his interest is that the question relates to payment made to his position as Deputy Fire Control Officer. Cr M Scott vacated the Chair at 5.18pm and handed over to Cr B Hearne and left the Chambers at 5.18pm. The Presiding Member agreed to the request from Cr J Scott to allow discussion on this item. Cr Michael Southwell has submitted the following Question on Notice: In regard to the Council Policy which sees annual payments made by the Shire to the

Council’s President, Cr Scott and one of his relatives Mr Chris Scott, of $830 and $2,453 respectively, for their roles as volunteer firefighting officers, are any similar payments made to other volunteers in the Shire who may offer significant commitments in terms of time, effort and personal expense.

RESPONSE BY THE CEO Policy 4.16 relates to the payment of an annual ex gratia payment to the Chief and Deputy Chief Bush Fire Control Officers and has no relationship to the role of the President. It is just a coincidence in this Shire that the current President is also the Deputy Chief Bush Fire Control Officer due to his many years of experience and service as a volunteer fire brigade officer. Policy 4.16 in part indicates: ‘While the Shire of Capel supports volunteering as an integral part of our community spirit, some positions within the community incur levels of expense that would be considered in excess of usual volunteering. Such expense, if not recompensed, could act as a deterrent to further occupancy of these vital positions within our community. This Policy provides for an ex gratia payment to the Chief and Deputy Chief Bush Fire Control Officers for duties that those officers perform.’ No other similar payments are made to other volunteers in senior firefighting roles or in fact other volunteers of various organisations in the Shire, with the exception of: 1. Archive Volunteers – Local Studies Collection Previously the volunteer Archivist received an annual gratuity payment of $500 but this

has now been allocated to an annual Christmas lunch for all the Archive volunteers. 2. Community Service Leave – Policy 3.24 Under this policy employees who are members of approved volunteer emergency service

organisations (SES, Bush Fire Brigades, St John’s Ambulance) are entitled to paid leave up

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 11

to 38 hours per calendar year. Service or training in excess of the 38 hours per year is subject to the approval of the CEO.

Australia Defence Reservists can be paid leave or top-up pay at the discretion of the CEO. Cr Southwell raised a Point of Order that comments made by Cr J Scott breached Standing Orders Clause 7.4(2). The Presiding Member noted that the comments made by Cr J Scott did not breach Standing Order Clause 7.4(2). Cr Southwell, as per Standing Order Clause 7.5(2) requested that the following words made by Cr J Scott be recorded in the Minutes of the Meeting:

Cr J Scott stated: 1. This infers this is a job for the boys. 2. This question is an insult. 3. Would this be an issue if it wasn’t Cr Scott?

Cr M Scott returned to meeting at 5.40pm and resumed the Chair.


Cr McCleery declared a Impartiality Interest in Item 13.1 Annual Electors Meeting. The nature of his interest is the item refers to Water Corporation Buffer, he is an Employee of the Water Corporation.

CHIEF EXECUTIVE OFFICER REPORTS

OC0306 (13.1) Annual Electors’ Meeting - Minutes

Location: Capel Applicant: Shire of Capel File Reference: Nil Disclosure of Interest: Nil Date: 12.03.18 Author: Chief Executive Officer, PF Sheedy Senior Officer: Chief Executive Officer, P Sheedy Attachments: Minutes of Annual Electors Meeting – 28th February 2018 IN BRIEF Council to receive the minutes of the Annual Electors’ Meeting held on 28th February 2018, note the questions raised by the electors and consider the motion passed by the electors at the meeting. RECOMMENDATION That Council: 1. Receive the minutes of the Annual Electors’ Meeting held on 28th February 2018

noting the questions raised by the electors attending; and 2. In considering the Electors’ motions (AE0202 to AE0206) carried at the Annual

Electors’ Meeting held on 28th February 2018 resolves as follows: Note the content of the motions but take no action. BACKGROUND / PROPOSAL Background The Annual Elector’s Meeting was held at the Council Chambers in February 2018 following the ordinary council meeting and was attended by thirty four (34) community members in addition to Councillors and senior staff. The minutes of the Annual Electors Meeting are required to be included in the next meeting of the Council, or at the first meeting after that, so that any actions or motions proposed can be considered by Council before staff progress the matters further. Proposal The minutes of the Annual Electors Meeting are being tabled for the Councillors’ information so that they are aware of matters that were raised by the community members who attended. As required by the Local Government Act (s5.33) motions that were carried at the electors’ meeting are required to be considered by Council with Council deciding whether to accept or reject the motion and what action it will take.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 13 STATUTORY ENVIRONMENT Local Government Act 1995, section 5.32 and 5.33 5.32. Minutes of electors’ meetings The CEO is to — (a) cause minutes of the proceedings at an electors’ meeting to be kept and preserved; and (b) ensure that copies of the minutes are made available for inspection by members of the public before the council meeting at which decisions made at the electors’ meeting are first considered. 5.33. Decisions made at electors’ meetings (1) All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable — (a) at the first ordinary council meeting after that meeting; or (b) at a special meeting called for that purpose, whichever happens first. (2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of the council meeting. POLICY IMPLICATIONS There are no current policies relevant to this item. RISK IMPLICATIONS Risk implications when using the standard risk matrix generally consider the likelihood and consequences in regards to injury, infrastructure damage or financial impact which in relation to the annual electors’ meeting minutes are not relevant. The decision to not endorse or support all or any of the Electors’ motion has a risk implication of Council alienating itself to some degree with members of the community. The level of this alienation will depend on the number of community members affected by the Council decision which could be from one or two to many. FINANCIAL IMPLICATIONS Budget Actions that are of an operational nature arising from questions at the meeting can be accommodated within the existing operating budget. Long Term Actions that require further investigation and require signification allocation of funds (i.e. road or lighting upgrades) would be considered as part of future annual budgets and the Long Term Financial Plan. Any new infrastructure or facility would require an allocation for future maintenance costs. SUSTAINABILITY IMPLICATIONS The maintenance of roads, drains and road verges, including the removal of trees, additional street lighting and paths and traffic management in the Boyanup townsite would all be seen to improve the social environment of community members. Some of these actions would also impact on the financial sustainability of the Shire if there is currently no budget allocation for these works.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 14 Consideration and endorsement of the Electors’ Motion 3 AE0204 has the potential to have a financial impact on the Shire as it would reduce the level of rate income received in the year it was implemented. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Leadership Experience, ‘Open, transparent, and effective good governance.’ Strategic Objectives: 1.2 Respond to key challenges, global factors and local impacts together. 1.3 Creating a more connected community. 1.4 Building a culture of collaboration and a stronger, safer and happier community. 1.5 Council keeps in regular communication with residents, workers and stakeholders. 1.6 Council is effective and efficient in the financial management stewardship of community

assets. The Community Experience, ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit.’ Strategic Objectives: 2.1 Council works in partnership with the community in providing appropriate services and

facilities. 2.4 Community safety is recognised as paramount. CONSULTATION There may be some requirements for follow up consultation with electors who raised specific issues and there were three (3) questions taken on notice that will require written responses being provided to those community members involved. In regards to the electors’ motions passed at the meeting, once Council has consider them and made a decision on each the mover and seconder of each motion will be advised in writing of Council’s decision. COMMENT A majority of the questions raised at the meeting were adequately responded to at the meeting, however there were two questions that were taken on notice and these and the relevant staff response are detailed as follows. There were five (5) formal resolutions moved and passed by the electors at the meeting which require consideration by Council. These are outlined below with CEO comment following. Electors’ Motion 1 That all information and reports related to the Dalyellup Waste Residue Disposal Facility and any information and reports about contamination in the Greenpatch as well as the Site Management Plan be available in electronic format to the public (from now on and in perpetuity) since this is a matter of health and safety and of concern to the community, in particular the residents of Dalyellup.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 15 CEO Comment In general terms the information and reports being requested in this electors’ motion relating to the Dalyellup Waste Residue Disposal Facility are documents that have been produced by a third party (i.e. Cristal) and not the Shire of Capel. The reports are not the Shire of Capel’s intellectual property therefore they are not the Shire of Capel’s to give out. At the very least a FOI application would be required and Council staff would then be required to seek the approval/permission of Cristal before any new report not previously requested is released. It should be noted that the motion is very open ended in that the wording ‘(from now on and in perpetuity)’ virtually means that the requests for reports etc. can continue forever. Section 5.94 of the Local Government Act 1995 outlines a whole range of documents that a local government is required to make available to a person who attends the office of the local government. In all instances it refers to documents that the local government has produced and makes no reference to third party documents. Finally given that these documents have in most, if not all instances been produced by a third party (Cristal) it would seem reasonable that any person wishing to obtain a copy of such documents should be directed to contact the party who original produced them. If there are documents that the Shire of Capel has produced in regards to the Dalyellup Waste Site then providing they are not determined to be confidential they can be provided on request. Therefore, given that: The documents requested will generally be those that have been produced by a third party

and not the Shire of Capel; They are not documents that are required to be provided by the Shire under the Local

Government Act, section 5.94; and The level of impact on staff resources indefinitely if this motion was supported. endorsement of this Electors’ motion is not supported. Electors’ Motion 2 That: 1. The Annual Electors’ meeting once again record its dissatisfaction to the constant and

extensive rate increases by the Shire of Capel since 2006/07; 2. As a consequence of this dissatisfaction, once again request Council to thoroughly review

its Plan for the Future and its Corporate Business Plan with primary objective being fiscal restraint from 2018/19 onwards; and

3. As a further consequence, once again request Council to thoroughly review its entire rating system forthwith (i.e. for implementation in the 2018/19 rating year), with the aim of achieving compliance with –

3.1 Application of Principles (as set down in the DLGC Rating Policy – Differential Rates), being: Objectivity Fairness and equity Consistency Transparency Administrative efficiency.

3.2 Analysis of the differential rating system to at least include: The various differential rating categories as currently determined together with

future proposals (e.g. – a residential R2.5 zone – the former special residential which have previously been rated the same as town site residential lots)

The objects and reasons for each category An analysis (explanation) of how each differential rate is set (calculated) The nexus between UV and GRV rating efforts.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 16 CEO Comment Point 1 No action or decision required on this matter. Point 2 Council undertakes a review of its Plan for the Future (Long Term Financial Plan) on an annual basis. Council adopted the “Long-Term Financial Plan 2017-32” at its February 2018 meeting. The next comprehensive review of this plan will commence in the latter part of 2018. This review will assess both operating and capital expenditures and any associated incomes. Reviews of expenditure are already carried out as part of the normal financial cycle through the Annual Budget, Mid-Year Review, monthly reporting cycle and any discrete operational or service level reviews which may occur. Through the long term planning and Annual Budget process, Council is provided with the assessment of a number of rating scenarios to allow it to make an informed decision regarding any service provision impacts to the community as a whole. Point 3 (3.1) Part of the submission to the Minister for Local Government, Sport and Cultural Industries each year seeking approval for the various differential rating categories, is the addressing of all the principles indicated in point 3.1 of the electors’ meeting motion. The Minister, on every occasion, has approved Council’s differential rates and in doing so has assessed that Council is compliant with the relevant guidelines and legislation. Council is yet to adopt differential rates for the 2018/19 year with a number of options being considered going forward. Point 3 (3.2) As part of its Annual Budget cycle Council reviews its rating categories with reference to the principles laid out in the DLGSC Rating Policy – Differential Rating. Council will be provided with a recommendation as part of this process. There is currently no proposal to create a “Special Residential” zone for the 2018/19 financial year as this would be contrary to the principles of equity laid out by the Department. Council currently is required to produce an annual ‘Rates – Objects and Reasons’ document and submit this with the approval from the Minister and sends a copy to all ratepayers with the rate notice. There is no requirement to assess individual differential rates from a zero base each financial year. Each differential rate is set/calculated taking into consideration the total needs of the Shire’s annual operating and capital expenditure. Each year, Council is provided with an assessment of the financial requirements to service the community to the expected level and sets rates accordingly. At present, the adopted Long term Financial Plan allows for a 6% increase in rates yield for the 2018/19 financial year, plus estimated growth in property numbers. Council considers the impact of the annual UV and three yearly GRV reviews when considering the setting of differential rates. Finally there is generally no ‘nexus between UV and GRV rating efforts’ other than to achieve the required annual rate income increase as determined each year. Electors’ Motion 3 That as part of the requested rating review, it be demanded Council redress the rates gouge of 2016/17 when all GRV property owners were hit with not only that financial year’s rate in the dollar increase of 6%, but also the full extent of the GRV three yearly revaluation (average property GRV increase in excess of 20%).

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 17 CEO Comment The average property GRV increase across the Shire for this period was 7.41% and not the 20% stated in the motion. The range of GRV movements was extensive and ranged from a reduction of 57.89% to an increase of 63.64% excluding those properties specifically adjusted by the Office of the Valuer General. Property valuations are not within the control of the Shire and any disputes need to be addressed through the Valuer General. The office of the Valuer General engages in an extensive process to determine property GRV’s. Rates are set at a Shire wide level and not on an individual property basis. Inevitably, when properties are revalued, some assessments will attract higher rates based on the GRV. It is important to realise that the rates in the dollar applied to properties in the Shire of Capel are still significantly behind those in neighbouring Shires. Electors’ Motion 4 That in noting the principles as set down in section 5.41(a) and (b) of the Local Government Act 1995, viz: The CEO’s functions are to- (a) advise the council in relation to the functions of a local government under this

Act and other written laws; and (b) ensure that advice and information is available to the council so that informed

decisions can be made; and (c) …..; the President now in accordance with item 7.2 of the Shire of Capel Code of Conduct,

investigate and report to Council why the CEO twice at the Council meeting of 22 February 2017, recorded to the effect that:

“The current rating groups are aligned to Council’s Town Planning Scheme No. 7

zoning areas/categories and so it would not be permissible to introduce a rating group that does not comply with the Town Planning Scheme zones and therefore the suggestion of introducing a special residential zone cannot happen. The proposed discussion with Council in March 2017 will also consider future rating category proposals.”;

when in fact and pursuant to section 6.33(1) of the Local Government Act 1995: (1) A local government may impose differential rates according to any, or a

combination, of the following characteristics – (a) the purpose for which the land is zoned, whether or not under a local

planning scheme or improvement scheme in force under the Planning and Development Act 2005; or

(b) a purpose for which the land is held or used as determined by the local government; or

(c) whether or not the land is vacant; or (d) any other characteristic or combination of characteristics prescribed.’ a local government is empowered to do so if it so wishes. CEO Comment Section 7.2 of the Shire of Capel Code of Conduct requires that any complaints regarding the Chief Executive Officer are to be made in writing to the President. It further goes on to indicate that the complaint is to be investigated in a manner that is in accordance with the Shire policies 3.16 Grievances, Investigations and Resolutions and 3.17 Performance Management & Disciplinary Action; Public Interest Disclosure procedures and the principles of procedural fairness and natural justice.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 18 Including wording in a motion at an annual electors meeting would not be considered to be meeting the criteria of a complaint being made in writing to the President and secondly there has been no reference to what section/s of the Code of Conduct that the Chief Executive Officer has breached. What the motion asserts is that the Chief Executive Officer provided advice to Council at a meeting on 2 February 2017 that conflicts with section 6.33(1) of the Local Government Act 1995. In order for a breach of the Code of Conduct to have occurred there has to be evidence of an intentional breach having occurred and also the section/s or clause/s that has been breached. Whilst, as CEO, I accept that the use of the words ‘would not be permissible’ are not correct when reference is made to section 6.33(1) of the Local Government Act and wording to the effect ‘would not be reasonable’ would have been better, there has been no evidence provided that this was an intentional breach on my part. Electors’ Motion 5 That because of the lack of accountability and openness and transparency noted from the conduct of the Ratings Workshop held on 22 March 2017, Council be requested to adopt a policy in accordance with the terms of Local Government Operational Guidelines No. 5 – Council Forums. CEO Comment The Local Government Operational Guidelines No. 5 – Council Forums does in fact support the current position of Council in holding its rating Workshops behind closed doors and not open to the public with the following comment: ‘Examples of the type of issues concept forums may cover include significant revenue-raising requirements or expenditure needs’ and ‘Holding such meetings behind closed doors is justified in that many of the ideas and concepts are preliminary and while looking for creative gem some may be extreme, expensive or impractical and never adopted. Discussion on such proposals in a public forum would be counterproductive. Privacy and informality allows elected members to propose ideas, ask questions and discuss issues for the better understanding of those in attendance’. It is accepted that the Guidelines also indicate that ‘whenever appropriate, forums should be open to the public’ but this is a matter for each individual local government to determine, and the Department recommends that Councils adopt a set of procedures for forums that should include various matters as outlined in the Guidelines. There is no reference to Councils being required to adopt a formal policy on this matter, it leaves it up to each local government to determine the best method to put in place if it is holding concept and/or agenda forums. Finally as previously indicated there were three (3) questions taken on notice at the meeting by staff. Details of these questions and staff responses are provided below. Mr Angus Snelling, Dalyellup: When will an environmental impacts report be available, is it available? How many trees are affected, how many animals are affected? Is there a count of endangered animals by developers? EME&DS Response: The Structure Plan report submitted for consideration in December 2016 included a number of Appendices, including Appendix 2 – Flora and Fauna Assessment. This document was available during the public advertising period of February / March 2017. The modified structure plan report submitted for consideration in November 2017 includes updated comments on the environmental impacts in response to DPAW queries. This too is available for public viewing.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 19 Mr Harbour: When was the buffer for the wastewater treatment plant that had a 1 km buffer, altered? CEO Response: The amendment to the Water Corporation Waste Water Treatment System buffer was reported through the WAPC in March 2013 and a Ministerial decision was taken supporting the amendment in June 2013. Mr Harbour: Can the Shire or the CEO request further monitoring or request DWER to look at any aspect of concern in the TSR site? Mr Harbour: Is there a legislated framework for us to do that? CEO Response: There is no specific legislation, but the Shire can report to DWER, by completing a form from the website below, if it believes it has any new evidence of concern relating to the present classification. The methods and frequency for monitoring of contamination is determined by DWER and Department of Health based on technical standards. https://www.der.wa.gov.au/your-environment/contaminated-sites VOTING REQUIREMENTS Simple majority OC0306 OFFICER’S RECOMMENDATIONS – 13.1/COUNCIL MOTION Moved Cr J Scott, Seconded Cr McCleery That Council: 1. Receives the minutes of the Annual Electors’ Meeting held on 28th February 2018

noting the questions raised by the electors attending; and 2. In considering the Electors’ motions (AE0202 to AE0206) carried at the Annual

Electors’ Meeting held on 28th February 2018 resolves as follows: Electors’ Motion 1 (AE0202) Note the content of the motion but take no action for the following reasons: The documents requested will generally be those that have been produced by

a third party and not the Shire of Capel; They are not documents that are required to be provided by the Shire under

the Local Government Act, section 5.94 and The level of impact on staff resources indefinitely if this motion was

supported.

Electors’ Motion 2 (AE0203)

Note the content of the motion but take no action for the following reasons:

The Plan for the Future (Long Term Financial Plan) was endorsed by Council at its February 2018 meeting and will be further reviewed after the adoption of the 2018/19 budget in late 2018 and the Corporate Business Plan is currently being reviewed and amended now that the Strategic Community Plan 2018-2028 has been endorsed by Council;

The ‘primary objective being fiscal restraint from 2018/19 onwards’ will be

considered when Council undertakes is annual ‘Differential Rating Review’ in April 2018;


The ‘Application of Principles’ outlined in part 3.1 of the motion are already required to be taken into consideration and included in the Differential Rating submission provided to the Minister for Local Government each year when seeking approval of the various differential rating groups; and

The various differential rating categories and any future proposals and the

objects and reasons for each category will be considered by Council as part of its Differential Rating Review in April 2018.


Note the content of the motion but take no action for the following reason:

The average GRV increase across the whole Shire was 7.41% not in excess of

20% as indicated in the Electors’ motion and was only marginally higher than the Shire’s adopted rating strategy of 6%.



A complaint has not been made in the correct format (in writing to the

President with reference to what section/s of the Code of Conduct that the Chief Executive Officer has breached); and

Whilst the use of the words ‘would not be permissible’ are not correct when

reference is made to section 6.33(1) of the Local Government Act and wording to the effect ‘would not be reasonable’ would have been better, there has been no evidence provided that this was an intentional breach by the Chief Executive Officer.


Note the content of the motion but take no action for the following reasons: The Local Government Operational Guidelines No. 5 – Council Forums does in

fact support the current position of Council in holding its rating Workshops behind closed doors and not open to the public with the following comment; and

Whilst it is accepted that the Guidelines also indicate that ‘whenever

appropriate, forums should be open to the public’ and that the Department recommends that councils adopt a set of procedures for forums that should include various matters as outlined in the Guidelines, this is a matter for each individual local government to determine.

OC0307 AMENDMENT Moved Cr Southwell, Seconded Cr Hearne That each motion brought forward from the electors meeting, be treated as a separate item and considered separtely.

The Amendment was carried 6/3 The Amendment then became the motion and was carried 6/3

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 21 OC0308 COUNCIL DECISION Moved Cr Southwell, Seconded Cr McCleery That Council: 1. Receives the minutes of the Annual Electors’ Meeting held on 28th February 2018

noting the questions raised by the electors attending; and 2. In considering the Electors’ motion (AE0202) carried at the Annual Electors

Meeting held on 28th February 2018 resolves as follows: Electors’ Motion 1 (AE0202) Note the content of the motion but take no action for the following reasons: The documents requested will generally be those that have been produced by

a third party and not the Shire of Capel; They are not documents that are required to be provided by the Shire under

the Local Government Act, section 5.94 and The level of impact on staff resources indefinitely if this motion was

supported. Carried 7/2

OC0309 COUNCIL DECISION Moved Cr Hearne, Seconded Cr J Scott

That Council:

1. Receives the minutes of the Annual Electors’ Meeting held on 28th February 2018

noting the questions raised by the electors attending; and

2. In considering the Electors’ motion (AE0203) carried at the Annual Electors’ Meeting held on 28th February 2018 resolves as follows: Electors’ Motion 2 (AE0203)


The Plan for the Future (Long Term Financial Plan) was endorsed by Council

at its February 2018 meeting and will be further reviewed after the adoption of the 2018/19 budget in late 2018 and the Corporate Business is currently being reviewed and amended now that the Strategic Community Plan 2018-2028 has been endorsed by Council;

The ‘primary objective being fiscal restraint from 2018/19 onwards’ will be

considered when Council undertakes is annual ‘Differential Rating Review’ in April 2018;

The ‘Application of Principles’ outlined in part 3.1 of the motion are already

required to be taken into consideration and included in the Differential Rating submission provided to the Minister for Local Government each year when seeking approval of the various differential rating groups; and

The various differential rating categories and any future proposals and the

objects and reasons for each category will be considered by Council as part of its ‘Differential Rating Review in April 2018.

Carried 8/1

Cr Southwell requested that his vote against the motion be recorded.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 22 OC0310 COUNCIL DECISION Moved Cr Bell, Seconded Cr Hearne That Council: 1. Receives the minutes of the Annual Electors’ Meeting held on 28th February 2018

noting the questions raised by the electors attending; and 2. In considering the Electors’ motion (AE0204) carried at the Annual Electors’

Meeting held on 28th February 2018 resolves as follows:


Note the content of the motion but take no action for the following reason:

The average GRV increase across the whole Shire was 7.41% not in excess of 20% as indicated in the Electors’ motion and was only marginally higher than the Shire’s adopted rating strategy of 6%.

Carried 9/0

OC0311 COUNCIL DECISION Moved Cr Hearne, Seconded Cr Bell

That Council: 1. Receives the minutes of the Annual Electors’ Meeting held on 28th February 2018





A complaint has not been made in the correct format (in writing to the President with reference to what section/s of the Code of Conduct that the Chief Executive Officer has breached); and

Whilst the use of the words ‘would not be permissible’ are not correct when

reference is made to section 6.33(1) of the Local Government Act and wording to the effect ‘would not be reasonable’ would have been better, there has been no evidence provided that this was an intentional breach by the Chief Executive Officer.

Carried 9/0


OC03012 COUNCIL DECSION Moved Cr J Scott, Seconded Cr Bell That Council: 1. Receives the minutes of the Annual Electors’ Meeting held on 28th February 2018




Note the content of the motion but take no action for the following reasons: The Local Government Operational Guidelines No. 5 – Council Forums does in

fact support the current position of Council in holding its rating Workshops behind closed doors and not open to the public with the following comment; and

Whilst it is accepted that the Guidelines also indicate that ‘whenever

appropriate, forums should be open to the public’ and that the Department recommends that councils adopt a set of procedures for forums that should include various matters as outlined in the Guidelines, this is a matter for each individual local government to determine.

Carried 8/1

Cr Southwell requested that his vote against the motion be recorded.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 24 ENGINEERING AND DEVELOPMENT SERVICES REPORTS

OC0313 (14.1) Development Application – Redevelopment of Peppermint Grove Beach Caravan Park

Location: Lot 105 Peppermint Grove Road, Peppermint Grove Beach Applicant: 5 Shades Pty Ltd File Reference: PA211/2017 Disclosure of Interest: Nil Date: 09.03.18 Author: Senior Statutory Planning Officer, K Henry Senior Officer: Executive Manager Engineering and Development Services, J Gick Attachments: 1. Location Plan 2. Site Plan 3. Staging Plan 4. Development Guide Plan 5. Development Plans 6. Submissions Table IN BRIEF For Council to consider an application for Development Approval for the staged redevelopment of the existing Caravan Park at Lot 105 Peppermint Grove Road, Peppermint Grove Beach. Susan Stevenson left the Chambers at 6.20pm. RECOMMENDATION That Council in accordance with Clause 41 of the Greater Bunbury Region Scheme and Clause 68(2)(b) in Schedule 2, Part 9 of the Deemed Provisions for local planning schemes, Planning and Development (Local Planning Schemes) Regulations 2015, grants development approval for the redevelopment of the Caravan Park at Lot 105 Peppermint Grove Road, Peppermint Grove Beach, subject to conditions. BACKGROUND / PROPOSAL Background 1982 Under Town Planning Scheme No. 2 (TPS2) a structure plan for Peppermint Grove Beach was prepared designating the area as an ‘Urban’ zone. Under the structure plan part of the subject site was identified as ‘tourist’ and ‘shops’. Further revisions showed part of the site as ‘resort hotel and shops’. July 1993 Amendment No. 28 to TPS2 rezoned the subject site from ‘Rural’ to ‘Special Use’. The amendment provided for a further 32 caravan sites, 8 overnight units and 6 chalets. In addition, the amendment included details in regard to permitted uses, and contained a Development Guide Plan, which designated the location of the permitted uses on site. 2005 Council resolved to initiate Scheme Amendment No. 26 to Town Planning Scheme No.7 to modify Appendix 4 to include additional permitted uses of convenience store, liquor store, post office and arts and crafts sales. In addition, to add a statement of objective and allow for the modification of the adopted development plan.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 25 May 2006 The subject site was purchased by Beachstar Pty Ltd with the intent to re-develop the site. Beachstar began liaison with the Shire in order to facilitate the widening of Amendment No. 26 to encompass a ‘resort facility’, including chalets, townhouses, licensed restaurant, convenience general store, post office, resort reception and administration, children’s playground and service station. September 2006 Beachstar Pty Ltd advised Council of its intention to close the caravan park. February 2007 Council adopted Amendment No. 26 including Development Guide Plan 04290P-03 with minor modifications (OC0204). October 2013 Planning and GBRS approval was granted to Beachstar Pty Ltd for the expansion of the caravan park and other development, consisting of an upgrade of the convenience store, new manager’s residence, swimming pool, mini-golf area, tennis courts, holiday accommodation consisting of 8 overnight units and 6 chalets, 32 caravan sites, new ablution block, sealed access road and car parking. May 2016 Planning Approval (PA36/2016) was granted under delegated authority for a Waste Water Treatment Plant. December 2016 The caravan park reopened and includes a facility building, convenience store, mini golf and tennis courts (all open to the public). March 2017 Development Application lodged for Overnight Units. Application withdrawn on 19 June 2017. Proposal On 24 October 2017, the Shire received a Development Application for the staged redevelopment of the existing Caravan Park at Lot 105 Peppermint Grove Road, Peppermint Grove Beach. The proposal will provide for approximately 400 visitors at peak times adding an additional 250 visitors to the existing capacity of the Caravan Park. The proposed development consists of:

Stage 1 – 24 overnight units (85m² per unit) and communal kitchen (refurbished transportable units);

Stage 2 – 6 two bed chalets (125m² per unit) and 7 one bed ecotents (32m² per unit); Stage 3 – 6 two bed chalets (160m² per unit) and 2 three bed chalets (235m² per unit); Stage 4 – 12 two bed chalets (125m² per unit), 14 one bed ecotents (32m² per unit),

communal ecotent shelter (234m²) and Ablution Block (70 m²); Stage 5 – 10 caravan sites, 22 tent sites and Ablution Block (70m²); and Stage 6 – Managers residence (330m²).

An additional crossover east of the existing access, internal roads (6 metres wide), footpaths and car parking (one car bay per overnight unit and ecotent and two car bays per chalet) are proposed.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 26 STATUTORY ENVIRONMENT Planning and Development (Local Planning Scheme) Regulations 2015 – Schedule 2 Part 7 (the Regulations) Clause 60 (a) - requires the development approval of the local government prior to the commencement of development. Greater Bunbury Region Scheme (GBRS) The lot is zoned Rural under the GBRS and the existing caravan park is a non-conforming use on Rural land. Clause 27, Schedule 1: Paragraph 6 – the lot is located within the Strategic Agricultural Resource Policy Area, however as the proposed development is an upgrade of an existing land use a GBRS application is not required. Paragraph 10 – the proposal is not inconsistent with the ‘Rural’ zone, therefore a GBRS application is not required. Paragraph 12 – the proposal is an extension and/or change to a non-conforming use and subsequently a GBRS application is required. Under Schedule 2, Paragraph 15, any extension and/or change to a non-conforming use, which requires planning approval under the GBRS is delegated to the local authority where – a) the local government accepts the recommendation and any advice from the Department of

Planning, Land and Heritage, and b) development for which the local government decides to refuse approval under the GBRS. Town Planning Scheme No 7 (TPS7) The subject lot is zoned ‘Special Use’ with Permitted Uses and Development Standards outlined in Appendix 4 of TPS7. Caravan and Camping Ground Regulations 1997 The proposal is required to comply with the Caravan and Camping Ground Regulations 1997. POLICY IMPLICATIONS State Planning Policies The following State Planning Policy is applicable:

State Planning Policy No. 3.7: Planning in Bushfire Prone Areas (December 2015) Local Planning Policies There are no current Shire Policies relevant to this matter. RISK IMPLICATIONS The level of risk is considered to be ‘Medium’ in terms of the Financial Impact on the Shire should the Development Application be refused resulting in subsequent officer involvement in a State Administrative Tribunal appeal. The risk of operating the site and compliance with conditions rests with the applicant.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 27 FINANCIAL IMPLICATIONS Budget The applicants have paid a Development Application fee of $9015.00. Long Term There are no long term financial implications relevant to this matter. SUSTAINABILITY IMPLICATIONS The redevelopment of the Caravan Park supports tourism both within the Shire and regionally. The benefits of an increase in the number of visitors to the Shire includes opportunities for new businesses to be established and existing businesses to expand. This results in higher levels of employment for the local community thereby ensuring the economic vitality and sustainability of the Shire as a whole. STRATEGIC IMPLICATIONS Strategic Community Plan 2018 – 2028 The Economic Experience, ‘Responsible and progressive local economic development.’ Strategic Objectives: 3.1 The community capitalises on its unique attributes and location. 3.2 Local businesses and retailers serve the needs of the local community and visitors. 3.5 Activities, new business and developments are encouraged. Peppermint Grove Beach Land Use Strategy (2013) Key Issues: 3.6 Economy - “The Shire supports development of the site (Lot 105) for caravan park and

holiday accommodation.” Community Consultation: 4.2 Community Workshop 2012 –

Concerns - absence of a caravan park (closed at this time). Outcomes – the holiday park site be developed with affordable visitor accommodation

including a caravan park.

Land Use Strategy: 5.2 Planning Recommendations – Precinct 4 Holiday Park – identifies the subject site for

redevelopment as short term tourist accommodation. CONSULTATION In accordance with Schedule 2 Part 8 clause 64 (3) of the Regulations the application was advertised to the community for a period of 21 days from 13 November to 6 December 2017. The advertising included:

Notice in the form of letters to owners and occupiers of land within a 300 metre radius of the subject site and to a number of landowners who requested notification out with the 300 metres;

Notice in the local paper and on the Shire’s website; and A sign on site.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 28 Furthermore, in accordance with Schedule 2 Part 9 clause 66 (1) of the Regulations the application was referred to the following external agencies from 6 November 2017 for comment.

Department of Planning, Lands and Heritage; Western Power; Department of Primary Industries and Regional Development; Department of Health; Water Corporation; Department of Water and Environmental Regulation; Department of Biodiversity, Conservation & Attraction; and Department of Fire and Emergency Service.

In summary, all agencies apart from the Department of Fire and Emergency Services (DFES) raised no objections or issues with the proposal. DFES has requested modifications to the submitted Bushfire Management Plan and the Emergency Evacuation Plan. These modifications are outlined in the Fire Management Section below. Six submissions objecting to the proposal were received from the community. The main issues are increase in noise, increase in traffic, increase in the numbers of visitors, impacts on the surrounding areas, setbacks form existing residential lots and bushfire management. All submissions are addressed in the Submissions Table. COMMENT The Caravan Park at Lot 105 Peppermint Grove Road had been closed for a number of years and was reopened in December 2016. The existing Caravan Park includes a facility building, convenience store, liquor store, mini golf and tennis courts, all open to the public. The site is located at the entry to Peppermint Grove Beach adjacent to Peppermint Grove Beach Road and is surrounded by predominantly rural lots and nine Residential R12.5 lots on the western boundary. The broad area surrounding the site is flat, low lying with a high groundwater table. There is a conservation wetland to the north of the site. Town Planning Scheme No 7 (TPS 7). The site is zoned ‘Special Use’ under Appendix 4 (Clause 3.4) of TPS 7. The ‘Special Use’ zone outlines ‘Objectives’, ‘Permitted Uses’ and ‘Development Standards/Conditions’ applicable for particular lots in that zone. The objective for Lot 105 is:

“to allow for the development of short term holiday accommodation and to provide the local community and visitors to Peppermint Grove Beach with limited shopping facilities and community services.”

The Permitted uses for Lot 105 are:

- Caravan park - Chalets - Manager’s Residence, - Overnight Units - Uses reasonably incidental to those listed above - Rural Use - Convenience Store - Post Office - Art and craft sales - Café/restaurant - Liquor Store

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 29 The ‘Permitted Uses’ of Caravan Park, Convenience Store and Liquor Store are existing on the site. The proposal for Chalets, Manager’s Residence, Overnight Units, Caravan and Tent sites are also ‘Permitted Uses’. The Ecotents are considered as an incidental use to a Caravan Park. Development Standards/Conditions Nos. 1 and 2 for Lot 105 relate to Development Plan No. 04290P-03 and allow for minor modifications to the Development Plan to be approved by Council subject to the minor modifications being consistent with the objectives of the zone. Development Standard/Condition No. 7. limits development of the ‘Permitted Uses’ to 35% of the site. The remainder of the site is a ‘Rural Use’. The proposed redevelopment will result in 43% of the site being developed, a variation of 8% to the endorsed Development Plan. Given the wording of the Development Standards/Conditions in Appendix 4, it was decided to obtain legal advice for clarification in regard to the implications of the 8% variation to the Development Plan. The legal advice confirmed that the variation from 35% to 43% can reasonably be considered as a ‘minor modification’ to the Development Plan and, therefore, may be approved by Council. The variation to 43% allows for adequate separation distances between the Chalets, Ecotents, Caravan and Tent Sites and meets privacy expectations of caravan park customers. The remaining 57% of the site is open space. Drainage Management The applicants have submitted a Drainage Management Plan showing drainage of stormwater to the new internal roads, soak wells and swales on the eastern boundary of the site and on the southern boundary of the proposed development. The topography of the site is low lying with a steeply sloping hill located adjacent to the western boundary of the proposed development, meaning that stormwater has the potential to flow through the site towards the Water Corporation Drain adjacent to the eastern boundary. The Water Corporation has advised discharge to this drain must remain at pre-development levels. Therefore, it is recommended that a condition be included on an approval requiring the applicant/landowner to submit for endorsement by the Shire and prior to the commencement of development, a detailed Stormwater Management Plan for the whole development to confirm that drainage can be adequately managed onsite. Noise Management The Noise Management Plan is designed to reduce the impacts of excessive noise on local residents and wildlife. The Plan identifies ‘Key Areas of Risk’ in regard to excessive noise being generated from the Caravan Park and relates to the entertainment activities of guests early in the morning and late at night and maintenance work being carried out by staff. The Plan recommends education measures to reduce noise levels be implemented in order to comply with conditions imposed by the Department of Racing, Gaming and Liquor and the Environmental Protection (Noise) Regulations 1997. In order to address concerns raised by some nearby residents for the potential of excessive noise to be generated due to the increase number of visitors to the Holiday Park, it is recommended a condition be included for a Noise Management Plan to be endorsed by the Shire. The Noise Management Plan should be formalised as a stand-alone document and include a table outlining specific actions including a timeframe for management to address complaints. Landscaping The proposed landscaping is a mixture of native trees and shrubs to complement the existing vegetation onsite. It is recommended that a condition be included that prior to the commencement of development a condition of approval be included for a Landscaping Plan to be endorsed by the Shire.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 30 Waste Water For the reopening of the Caravan Park in December 2016, Planning Approval (PA36/2016) was granted in May 2016, for a Waste Water Treatment Plant (WWTP) to be located on the southwestern corner of the site. In May 2016, the Department of Health (DoH) issued an approval for the WWTP. In June 2016, the Department of Environmental Regulation (DER) issued a Works Approval (W5966/2016/1) for the WWTP. The WWTP has the capacity to treat waste water until Stage 5 of the proposed development. The conditions of the DoH approval require the applicant/landowner to advise the Shire’s Environmental Health Services when an increase in the wastewater volume occurs. In addition, the WWTP wastewater volumes and maintenance program are regularly monitored by Environmental Health Officers. It is considered that there is minimal risk of the WWTP reaching full capacity without Environmental Health Officers being aware of the situation and that the requirements for expansion of the WWTP will be addressed as it arises. Fire and Emergency Management The proposal is a vulnerable or high risk land use under State Planning Policy 3.7 Planning Bushfire Prone Areas and will not be supported unless accompanied by a Bushfire Management Plan jointly endorsed by DFES and the Shire. The Current provisions of SPP 3.7 and associated Guidelines make no allowance for tourism land uses to be considered differently to other vulnerable land uses. The Department of Planning, Lands and Heritage in consultation with DFES are working towards a Position Statement that facilitates the safe development of tourism land uses in bushfire prone areas. The Position Statement will incorporate additional contingencies to increase the likelihood of safety and survival during a bushfire event. The application was referred to DFES during the advertising period in November 2017 with DFES requesting modifications to the documents. The Bushfire Management Plan (BMP) and Emergency Evacuation Plan (EEP) were referred back to DFES for further comments. On 21 February 2018 DFES again responded advising that further modifications were required to both the BMP and the EEP. The issues to be addressed include the non-compliance of the ‘Element for Vehicle Access’ under the Guidelines. It should be noted that the one way in/one way out access/egress (Peppermint Grove Beach Road) is considered to be a legacy issue and that compliance is not achievable for this development. Access to two destinations, in accordance with the acceptable solution, is not available until Ludlow Road North is reached approximately 700 metres from the site. This exceeds the acceptable maximum length of 200 metres for a dead-end road. Given the proposed development is in accordance with the ‘Special Use’ zone under TPS 7, the issue of non-compliance for the vehicle access can be suitably addressed through additional contingency measures to be detailed in the BMP. For tourism land uses contingency measures may include but not be limited to: early evacuation in response to a bushfire alert or warning; and/or the provision of a refuge building or open space area as a place of last resort. These contingency measures will be further addressed through modifications to the EEP to include further details in regarding retrofitting the Facilities Building to a comparable AS 3959 standard for ‘Sheltering in Place’. The applicants Bushfire consultants are updating the BMP and EEP as requested by DFES however given the time line for Council reporting a response from DFES confirming support for the proposal may not be achievable. Therefore, the following condition is recommended to be included in an approval.

Prior to the commencement of the development, the owner/applicant must submit for endorsement by the Shire a modified Bushfire Management Plan and Emergency


Evacuation Plan to comply with matters detailed in the correspondence from DFES (DFES Ref: D03660 dated 21 February 2018). Once endorsed, the Bushfire Management Plan and the Emergency Evacuation Plan will form part of this approval.

Given the circumstances outlined above, the Bushfire Policy Unit within the Department of Planning, Lands and Heritage has confirmed support for this approach. Conclusion The application for the staged redevelopment of the existing Caravan Park is in accordance with the strategic and statutory planning framework for the area. The redevelopment of the existing Caravan Park supports the local economy and promotes tourism within the Shire. It is, therefore, recommended the application be approved subject to conditions. VOTING REQUIREMENTS Simple majority OC0313 OFFICER’S RECOMMENDATION – 14.1/COUNCIL DECISION Moved Cr J Scott, Seconded Cr McCleery That Council: 1. In accordance with Clause 41 of the Greater Bunbury Region Scheme and Clause

68(2)(b) in Schedule 2, Part 9 of the Deemed Provisions for local planning schemes, Planning and Development (Local Planning Schemes) Regulations 2015, grants approval for the redevelopment of the Caravan Park at Lot 105 Peppermint Grove Road, Peppermint Grove Beach subject to the following conditions:

a) All development being in accordance with the Approved Development

Plan(s) dated 28 March 2018; b) Prior to commencement of development, a detailed Engineering design plan

of the stormwater disposal system for the whole development shall be submitted for approval by the Shire of Capel, and thereafter implemented in accordance with the approved plan to the satisfaction of the Shire of Capel.

c) Stormwater and roof run-off disposal including driveway drainage must be

contained on site. d) Prior to commencement of development, a detailed Engineering design for

the car parking, manoeuvring areas and drainage thereof being submitted for approval of the Shire of Capel, and thereafter implemented in accordance with the approved design to the satisfaction of the Shire of Capel.

e) Prior to commencement of development, a Construction Management Plan

shall be submitted for approval by the Shire of Capel, and thereafter implemented in accordance with the approved plan to the satisfaction of the Shire of Capel.

f) Prior to occupation of the development, the car parking areas, driveways,

crossovers and vehicle manoeuvring areas, being sealed, constructed, drained and marked out to the specifications and satisfaction of the Shire of Capel.


g) Prior to Occupation, a plan shall be submitted for detailing lighting of the access way(s), parking area(s) and turning area(s) and thereafter implemented to the specification and satisfaction of the Shire of Capel.

h) Prior to occupation of the development, the applicant/owner shall apply to

Environmental Health Services for registration as a lodging house in accordance with the Shire of Capel’s Local Laws.

i) Prior to occupation of the development, a Noise Management Plan shall be

submitted to the Shire for endorsement and thereafter be implemented at all times to the satisfaction of the Shire.

j) Prior to occupation of the development, a Landscaping Plan shall be

submitted to the Shire for endorsement and thereafter be implemented at all times to the satisfaction of the Shire. The Landscaping Plan is to show the vegetation screening on the front boundary of the site.

k) Prior to occupation of Stage 3 of the development, the existing fencing on

the front boundary shall be extended along the remainder of the front boundary of the site.

l) Prior to the commencement of the development, the owner/applicant shall

submit for endorsement by the Shire a modified Bushfire Management Plan and Emergency Evacuation Plan to comply with matters detailed in the correspondence from DFES (DFES Ref: D03660 dated 21 February 2018). Once endorsed, the Bushfire Management Plan and the Emergency Evacuation Plan will form part of this approval.

Advice Notes

Note 1: If the development the subject of this approval is not substantially

commenced within a period of 2 years, or another period specified in the approval after the date of determination, the approval will lapse and be of no further effect.

Note 2: Where an approval has so lapsed, no development must be carried out

without the further approval of the local government having first been sought and obtained.

Note 3: If an applicant or owner is aggrieved by this determination there is a

right of review by the State Administrative Tribunal in accordance with the Planning and Development Act 2005 Part 14. An application must be made within 28 days of the determination.

Carried 9/0 Ms Stevenson returned to the Chambers at 6.22pm. One Member of public left at 6.23pm.


OC0314 (14.2) Boyanup Heritage and Railway Precinct – Fettler’s Cottages Lease

Location: Boyanup Applicant: Boyanup Progress Association File Reference: C5.82.6 Disclosure of Interest: Nil Date: 12.03.18 Author: Executive Manager Engineering and Development Services, J Gick Senior Officer: Chief Executive Officer, P Sheedy Attachments: Lease for Portion of Lot 514 Bridge Street, Boyanup IN BRIEF At its 22 March 2017 meeting the Council decided to receive three railway cottages as part of a land transfer arrangement, subject to formal agreement with the Boyanup Progress Association accepting full financial management, ongoing maintenance and repair and any subsequent demolition costs at the end of the asset life. This report addresses that decision by recommending the Council enter into a lease with the Boyanup Progress Association that becomes effective once the land transfer dealings are completed. RECOMMENDATION That Council: 1. Continue progressing the transfer of land from that portion of Lot 501 on

Deposited Plan 56414 to create Lot 514 on Deposited Plan 411906 to form a new reserve for ‘recreation and community purposes’, pursuant to a Management Order;

2. Subject to a Management Order, seek approval from the Minister for Lands to

lease Railway Cottages #73, #77 and #83 to the Boyanup Progress Association; and

3. Subject to Ministerial approval to lease Railway Cottages #73, #77 and #83 to

the Boyanup Progress Association, authorise the Shire President and the Chief Executive Officer to endorse and affix the seal for the Lease for Portion 514 Bridge Street, Boyanup as attached to this report.

BACKGROUND / PROPOSAL Background November 2011 – A portion of the rail reserve is leased by the Shire from the Public Transport Authority (PTA) for a ten year term, expiring in October 2021. A copy of the rail reserve lease area is shown below. February 2013 – Request to Public Transport Authority (PTA) to initiate rationalisation of land required to accommodate future development of Fettlers Park. June 2014 – Draft Boyanup Heritage and Rail Precinct Master Plan advertised for comment. October 2014 (OC1004) - Council made the following decision:

1. Council adopt the ‘Boyanup Heritage and Rail Precinct Master Plan’ as a guide to the future use, development and management of the Boyanup Heritage and Rail Precinct


subject to the following modifications being made to reflect the outcomes of community consultation as follows:

a. Identify Lions Park toilets on the Master Plan; b. Include a notation on the Master Plan requiring investigation of pedestrian,

parking and traffic outcomes in the event the market site is relocated to Bridge Street;

c. Include a notation on the Master Plan requiring the provision of an adequate electricity supply to relevant locations in the Precinct to facilitate events, including the village square in Fettlers Park; and

d. Include implementation priorities generally as follows:

1. Fettlers Park; 2. Entrance precinct; 3. Lions Park and eastern POS; 4. Cultural precinct. 5. The market site to be developed if and when required by the relocation of

the market as required by the implementation of the Boyanup Memorial Park Master Plan.

2. That the Shire, in consultation with the relevant landowners, investigate changing the

zoning of the ‘future investigation area’ south of Bridge Street identified in the Boyanup Townsite Strategy (between the Tavern and the Catholic Church) from ‘Residential’ to a ‘Special Use’ zone to enable additional tourism development e.g. visitor accommodation and tourism-related business compatible with the town centre location and the ‘Heritage and Rail Precinct’ outcomes; and that the ‘investigation area’ be indicated on the Master Plan.

3. That the Shire seek agreement from the Public Transport Authority to excise the

relevant portion of the rail reserve to be created as a new Crown reserve for the purpose of ‘recreation and community purposes’ or similar, with a management order in the Shire of Capel; and, if agreement is reached, undertake the relevant processes with Landgate to create the new reserve.

November 2014 & January 2015 – PTA commissioned three Independent Building Inspections for three railway cottages (#73, #77 & #83) at Reserve 49915. May 2015 – The Shire received executive approval from the PTA for the land to be transferred to the Shire by way of a Management Order. The land parcels are shown below, and the following legend applies:

Green shaded (4,454m2) – Currently leased, but to be retained as railway corridor in the future consolidated rail reserve;

Blue shaded (21,883m2) – Currently leased, but to be transferred to the Shire by way of Management Order; and

Orange hatched – Total land area to be transferred to the Shire by way of Management Order.


July 2015 – The Shire formally requested the (then) Department of Lands to create the new reserve, for the purpose of “recreation and community purposes”, and issue of a Management Order. The proposed Reserve to be excised from Reserve 49915 is shown below, shaded in blue, overlain on an aerial photo:

March – June 2016 – The (then) Department of Lands referred the proposal to various service authorities. PTA requested confirmation of the provision of an 11 metre access corridor from Bridge Street (which is shown in green in the mapping and can be retained). Telstra identified telecommunication assets, including optic fibre, across the length of the proposed reserve. The (then) Department of Lands sought confirmation:


That the Shire supports the retention of the access corridor; That the Shire will bear the costs of survey associated with the identification of the Telstra

assets and if necessary, the costs associated with any relocation or transfer of easement; and That the Shire will nominate a preferred surveyor to take direction from the Department

of Lands and bear associated costs of the surveyor. This matter has not been concluded, pending further project planning. October 2016 – PTA enquired about demolishing the abandoned house (#83) and sought the Shire’s opinion. The Shire has advised that under provisions of the Town Planning Scheme #7, a planning application is required. A subsequent demolition permit will also be required. 23 January 2017 – The PTA lodged an application for Development Approval to demolish #83 Bridge Street, Boyanup. January 2017 (OC0113) – Council considered a report that recommended that Council, as part of the land transfer of Reserve 49915, supports the removal of cottages at #73, #77 and #83 Bridge Street, Boyanup by the Public Transport Authority at the Authority’s expense. Mr John Saunders, Chairman of the Boyanup Progress Association presented to the Council on the railway cottages, requesting opportunity for the community to be consulted before Council decided on the matter. The Council subsequently decided (OC0113):

That the item be deferred to allow for a report to come back to the March 2017 Council meeting to ascertain the Boyanup community’s interest through the Boyanup Progress Association in accepting financial responsibility for retaining railway cottages #73, #77 and #83 Bridge Street, Boyanup.

9 February 2017 – The PTA, following liaison with the CEO, confirmed in writing that it will “put on hold for the proposed demolition of the house number 83 Bridge Street, Boyanup until after Council March meeting”. The PTA has indicated it is concerned about its public liability with cottage #83. 2 March 2017 – The Boyanup Progress Association wrote to the Shire advising “At the general meeting of the Boyanup Progress Association on the 27 February the meeting voted unanimously to ask the Shire to appoint the Boyanup Progress Association as the managers of the 3 Fettlers Park Cottages. As part of that the Boyanup Progress Association will accept financial responsibility for the cottages. The rents from the houses will be placed in a special account, for the sole purpose of maintenance and renovation of the cottages, under the Shire’s name or Boyanup Progress Association whichever is most appropriate.” 22 March 2017 (OC0309)

That Council, as part of the land transfer of Reserve 49915, receives railway cottages #73, #77 and #83 Bridge Street, Boyanup as assets on Reserve 49915 from the Public Transport Authority subject to formal agreement with the Boyanup Progress Association accepting full financial management, ongoing maintenance and repair, and any subsequent demolition costs at the end of the asset life.

19 April 2017 – Negotiations with the Boyanup Progress Association commenced to determine proposed leasing arrangements, recognising jurisdictional boundaries between the Shire of Capel, the PTA and the Boyanup Progress Association.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 37 April 2017 – McLeods Barristers and Solicitors engaged to provide legal advice on the leasing structure. Advice received recommended the employment of an Agreement for Lease, in recognition of the fact that the Council has no jurisdiction over the buildings and land. 10 August 2017 – Meeting with Boyanup Progress Association to discuss proposed use of buildings and proposed financial arrangements of the lease and associated sub-leases. 20 September 2017 – On site inspection of #83 Bridge Street, with Boyanup Progress Association, PTA and Shire representatives. 6 October 2017 – correspondence between Shire and Boyanup Progress Association seeking clarification on intended use of each building. Boyanup Progress Association had previously indicated an intent to use #83 as a building for community groups. This meant by definition that the building would be classified as a ‘public building’ and attract a higher level of compliance requirement. 18 October 2017 – Shire meeting to discuss legal advice, prioritise tasks and to separate the land dealings aspect from the Fettlers Park project. November 2017 – Several communications with McLeods Barristers and Solicitors giving instruction on the preparation of the lease document. 5 December 2017 – Draft Lease Document forwarded to Boyanup Progress Association for comment. 18 December 2017 – Meeting with PBA Chairperson, to discuss draft Lease document. 7 March 2018 – Follow up meeting with Boyanup Progress Association Chairperson to finalise Boyanup Progress Association response on draft Lease document. 8 March 2018 – Boyanup Progress Association responds to draft Lease document. Proposal There are three parts to this report recommending: 1. Continuation of the land dealings to establish a reserve for ‘recreation and community

purposes’; 2. Seeking Ministerial approval to lease the Railway Cottages #73, #77 and #83 to the

Boyanup Progress Association, once the land transfer has taken place; and 3. Entering into a leasing arrangement for the Railway Cottages, once Ministerial approval

has been given. STATUTORY ENVIRONMENT The transfer of land from the rail reserve Lot 501 to create a new reserve Lot 514 for ‘recreation and community purposes’ is governed by provisions of the Land Administration Act (1997). Part 4 – Reserves, of the Land Administration Act (1997) prescribes statutes that allow reserving of Crown land, creating and changing reserves, and creating Management Orders for reserves. Specifically, the following sections apply: Section 46 - Care, control and management of reserves, prescribes the circumstances under which the Minister may establish Management Orders for Reserves. Section 47 – Lease of unmanaged reserves in accordance with the intention of the reservation. Section 48 – Ministers power to grant lease of unmanaged reserves for other purposes.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 38 Section 51 – Ministers power to change, cancel or amend the purpose or boundaries of a reserve. Local Government Act (1995) Section 3.58 Prescribes the circumstances under which a local government may lease (dispose) a property, including provision for exempting the need to go to public tender. Leasing portions of the future ‘recreation and community’ reserve, Lot 514 is by definition, applicable for property that is in the interest of the local government. 3.58. Disposing of property

(1) In this section — dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not; property includes the whole or any part of the interest of a local government in property, but does not include money.

(2) Except as stated in this section, a local government can only dispose of property to —

(a) the highest bidder at public auction; or (b) the person who at public tender called by the local government makes what is,

in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(5) This section does not apply to —

(a) a disposition of an interest in land under the Land Administration Act 1997 section 189 or 190; or

(b) a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59; or

(c) anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or

(d) any other disposition that is excluded by regulations from the application of this section.

30. Dispositions of property excluded from Act s. 3.58

(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2) A disposition of land is an exempt disposition if — (a) the land is disposed of to an owner of adjoining land (in this paragraph called the

transferee) and — (i) its market value is less than $5 000; and (ii) the local government does not consider that ownership of the land would be

of significant benefit to anyone other than the transferee; or

(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

Regulations 30(2)(c) to (g) provides several other provisions that invoke an exemption, not applicable to this report.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 39 POLICY IMPLICATIONS The following Council policies apply:

Council Policy 2.28: Risk Management Framework Council Policy 6.15: Boyanup Townsite Strategy; Council Policy 6.16: Boyanup Public Open Space Strategy; Council Policy 7.1: Asset Management; and Council Policy 8.4: Arts, Culture & Heritage.

Council Policy 2.28: Risk Management Framework outlines the commitment and objectives in managing uncertainty that may impact the Shire’s strategies, goals or objectives. Council Policy 6.15: Boyanup Townsite Strategy highlights the aims and objectives of the Strategy. The Boyanup and Townsite Strategy identify heritage strategies and actions “To protect and promote areas and places of heritage importance in Boyanup including significant sites, buildings, structures and landscape elements”. Heritage Action No. (ii) recommends to “establish and promote a tourist/heritage precinct incorporating the railway reserve and museum, old rail worker cottages and surrounding land as a visitor attraction for Boyanup”. Council Policy 6.16: Boyanup Public Open Space Strategy has as its principle objective the need to “create a linked network of functional and attractive public open space within Boyanup that will broaden recreation opportunities”. Recommendations 2.1 and 2.2 talk directly about the need to prepare a master plan for Fettlers Park, including retention of rail heritage, and to acquire portion of the rail reserve for landscape enhancement, recreation and community use. The Master Plan represents Recommendation 2.1, and the dealings with PTA and the Department of Lands represents Recommendation 2.2. Council Policy 7.1: Asset Management has as its principle objective the need to provide clear direction for the management of Council controlled assets to ensure that Council is able to manage its assets in a way that achieves Council’s vision, is based on Council’s resources and meets the infrastructure needs of the community. Recommendations AMS-12-3, AMS-12-4, AMS-12-5 and AMS-18-1 talk to the need for the Council to be more prudent about management of its assets and to consider the whole of life costs of asset management. Council Policy 8.4: Arts, Culture and Heritage has as one of its principle objectives the need for Council to work with the community to provide opportunities to express culture and identity through conserving and interpreting history and heritage. RISK IMPLICATIONS Council decision OC0309 was made on the premise that the risk of owning, managing, maintaining, repairing and ultimately demolishing the cottages would be transferred entirely to the Boyanup Progress Association. If any element of this premise is not realised, there are risks that the Council may need to intervene in the future. Some risks include:

The Boyanup Progress Association could dissolve during the term of the lease and the ongoing management, maintenance and repairs would become the responsibility of the Council. Any sub-letting arrangements in place would need to be novated to the Shire.

The Boyanup Progress Association’s capacity to honour the terms of lease could diminish

over time and there may be subsequent requests for the Shire to support the Boyanup Progress Association’s endeavours to manage, maintain and repair the cottages.

Ensuring the Boyanup Progress Association’s activities are compliant with the terms of the lease, given its preference to use community resources to undertake works.


The Minister may choose not to allow an extension of the lease in the future, rendering the ongoing management, maintenance and possible demolition the responsibility of the Shire.

The decision around the future preservation or demolition of the cottages will need to be made at some time leading up to the option to extend and renew the lease.

If the decision to demolish the cottages is made in the future, the costs of that exercise are likely to be borne by the Shire, as the Boyanup Progress Association is unlikely to support that work, regardless of the leasing arrangements.

FINANCIAL IMPLICATIONS Budget At the time of the only expense incurred has been the provision of legal advice and legal services in preparing the draft Lease documentation. Costs of $5,371 have been incurred, and further costs are expected following the Council decision, to finalise the legal documentation. Long Term Council Decision OC0309 is based on the premise that the Boyanup Progress Association accepts “full financial management, ongoing maintenance and repair, and any subsequent demolition costs at the end of the asset life.” This premise assumes that there will be no future costs to Council, except perhaps some administrative costs associated with the management and compliance of the lease itself. SUSTAINABILITY IMPLICATIONS The sustainability implications of this recommendation are: Economic: Residential leasing arrangements are proposed by the Boyanup Progress Association to internalise a revenue stream, which can then be spent on the upkeep of the cottages. This arrangement is likely to generate some economic activity for goods and services. Environmental: The preservation of the cottages and the grounds reduces waste products that might be generated from demolition of the buildings. Social: The community management of the cottages and grounds is the most significant sustainability aspect of this recommendation, which will have positive effects for the Boyanup Progress Association and the Boyanup community at large. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Leadership Experience, ‘Open, transparent and effective good governance.’ Strategic Objectives: 1.4 Building a culture of collaboration and a stronger, safer and happier community 1.6 Council is effective and efficient in the financial management stewardship of community

assets. The Community Experience, ‘Facilities and services that accommodate the divers needs of the community and providing a safe place to live, work and visit.’ Strategic Outcomes: 2.1 Council works in partnership with the community in providing appropriate services and

facilities.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 41 2.3 The special characteristics of the Town Centres are fostered. The Economic Experience: ‘Responsible and progressive local development.’ Strategic Objective: 3.3 Each Town Centre and its facilities meets the needs of residents and visitors and are

presented to a welcoming standard. The Infrastructure Experience, ‘To ensure safe sustainable and efficient infrastructure and transport networks.’ Strategic Objectives: 5.1 Urban development to be sustainably integrated to our unique natural environment,

heritage and character. 5.3 Working together to meet the needs of changing infrastructure requirements. Boyanup Townsite Strategy 2010 The subject land is identified within ‘Precinct 3’ north of Bridge Street and ‘Precinct 1’ south of Bridge Street pursuant to the Townsite Strategy which was adopted as Planning Policy 15.19 in May 2010. The Townsite Strategy includes Heritage action (ii) which identifies the need to “Establish and promote a tourist and heritage precinct incorporating the railway reserve and museum, old rail worker cottages and surrounding land as a tourist/visitor attraction for Boyanup”. The Boyanup Townsite Strategy mentions the cottages in clause 5.7.4 ‘Heritage’ stating that “The towns stock of heritage places includes a group of buildings, structures and other places on Bridge Street with the railway museum and buildings being central to this…These form an informal heritage precinct and make an important contribution to the amenity of the town…… A heritage trail is proposed….” Boyanup Heritage and Rail Precinct Master Plan 2014 The Boyanup Heritage and Rail Precinct Master Plan was adopted by Council as a guide to the future use, development and management of the Precinct at the Ordinary Council meeting on 15 October 2014. The master plan indicates the following principle and options for the cultural/arts precinct:

Reflect important themes including ‘dairy’ as well as ‘rail’; Refurbish heritage cottage- use/lease for arts/crafts, local produce and cultural purposes; Provide new timber building with history, cultural interpretation, produce, flea market, Sales of arts/crafts/culinary items. Install rail carriage as a café/kiosk; Improve indigenous and early settler heritage interpretation; Improve heritage trail and path connections between parks, town facilities, Preston River

ramble and Memorial Park-link community focal points; and Enhance Bridge Street Avenue of Honour-(re) install interpretation.

Note: Approval of this agenda supersedes the second point of the above principle. CONSULTATION Following Council’s decision in March 2017, there has been extensive internal consultation with Building Services, Health Services, Technical Services, the Governance Officer and the Executive. Key issues discussed focussed on two key service areas:

What uses does the Boyanup Progress Association want the buildings for?; and How to establish a leasing framework over land not vested in the Council?

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 42 As described in the Background of this report, the Shire has met with the Boyanup Progress Association four times since April 2017. Each meeting addressed these questions with an intent to determine a solution that can be presented to the Council for decision. During that time, the Shire has also communicated with the Boyanup Progress Association exploring through the draft lease documentation prepared by McLeods, details around the operating mechanic of the proposed lease. Associated with these dealings, the Shire has also been dealing with the PTA on two fronts. The overarching issue is the ongoing land transfer dealings, which the PTA supports in principle, but has requested the exclusion of an 11.0m corridor from Bridge Street to the railway line. The secondary issue is an application for demolition of Cottage #83. This application remains valid, but the PTA has agreed to allow the application to be placed on hold pending the outcome of the Councils decision to lease the cottages to the Boyanup Progress Association. During the preparation of this report, the PTA was contacted to ascertain its most recent position on this matter. The PTA advised that it supports the recommendation to the Council. The PTA advised further that should the lease not progress, the existing Application for Demolition of #83 Bridge Street, Boyanup will be requested to be reactivated. COMMENT After several months of negotiation and enquiry, the Shire or Capel and the Boyanup Progress Association have reached a (mostly) agreeable position, which can form the basis of a lease over railway cottages #73, #77 and #83 Bridge Street, Boyanup. Through several months of negotiation, a draft lease has been prepared that addresses all issues discussed between the Shire and the Boyanup Progress Association, except for the following two items. Section 8 – Indemnity The Boyanup Progress Association has asked that the lease be relaxed to recognise that the Boyanup Progress Association itself, as a Not For Profit (NFP) organisation cannot accept liability for matters outside its control. The main concern is that as an incorporated body, the individual members who are signatories to commercial contracts, can become personally liable if the parent body is no longer able to indemnify the lessor. Clause 8.2 presents the greatest concern for the Boyanup Progress Association as it requires: “The Lessee indemnifies, and shall keep indemnified, the Lessor and the Minister for Lands from and against all actions, claims, costs, proceedings, suits and demands whatsoever which may at any time be incurred or suffered by the Lessor or the Minister for Lands, or brought, maintained or made against the Lessor…” As an alternative the Boyanup Progress Association has suggested the following strategies to mitigate risk to the lessor:

The property rentals will be managed by a real estate agent; Regular property condition reports from the agent will be forwarded to the lessor; The real estate agent, on behalf of the Boyanup Progress Association, will take out

landlord protection insurance; The lessor will inspect the properties not less than annually, but is welcome to inspect

more regularly; The Boyanup Progress Association will supply monthly reports of work performed on the

properties to the lessor; and Detailed property condition reports on each property will be carried out prior to the

Boyanup Progress Association signing the lease, with a copy supplied to the lessor.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 43 In response to the Boyanup Progress Association’s comments, McLeods advised that: “it would be very unlikely that the Minister for Lands will provide consent to this lease without being indemnified. Similarly, we advise that the indemnity is an essential clause and to lease the Premises without indemnity provisions would leave the Shire open to incurring costs in relation to litigation or the threat thereof in the future. This is a broad indemnity and it could be narrowed if it is within the Shire’s risk appetite to do so. The clause as currently drafted envisaged that the Shire may feel, particularly as there is no commercial rent for this Premises and the Shire was not initially interested in retaining these buildings, there should not be a risk that there will be a cost to the Shire as a result of the use or occupation of the Premises.” The Boyanup Progress Association, in response to McLeods’ advice, commented further: “…concern is that a NFP community group is being asked to accept liabilities that are outside its control. …when a NFP signs a commercial contract the members of the committee become personally liable and it is unreasonable to expect volunteers to accept that liability, particularly in this case where the NFP is renovating Shire assets.” Finally, McLeods advised that if the Shire was minded to, it could reduce the indemnity to the Boyanup Progress Association by agreeing that the indemnity would not cover any claims or costs in respect to loss, injury, damage or death which is caused by the Shire or the Shire’s Authorised Persons. The attached draft lease document includes clause 8.2 as described above, retaining the need for the lessee to indemnify the lessor and the Minister for Lands. Whilst there is appreciation of the Boyanup Progress Association’s concerns with respect to individual liability, the Council decision of 22 March 2017 (OC0307) was made on the premise that the Boyanup Progress Association accepts full financial management of the buildings, implying a full transfer of financial risk to the Boyanup Progress Association. Should the Council wish to accommodate some risk, to afford the Boyanup Progress Association some comfort, it will need to give direction as to the level of risk it is willing to accept, notwithstanding the need to satisfy the required indemnification of the Minister for Lands. Section 12 – Alterations There has been some concern by the Boyanup Progress Association that the inclusion of a prescribed alterations clause imposes risks to the Boyanup Progress Association in its ability to comply with the conditions of the lease. Section 10 prescribes the need for the lessee to maintain, repair and clean the Premises to a state of ‘Good Repair’, taking into account the age of the premises. This is a significant shift in favour of the Boyanup Progress Association as the previous draft required works to be completed to a higher standard, including provisions for painting and tree pruning using qualified personnel. As the Premises are proposed to be sub-leased for residential tenancies, the necessary standards of maintenance are able to be documented in accordance with the subordinate lease structure, under the Residential Tenancies Agreements. Therefore, the need for specified works schedules is reduced, and the clause addressing ‘Alterations’ can be relaxed to simply require that the lessee does not undertake any improvements without the lessors consent, and that it does so in accordance with the relevant statutes (e.g. Planning, Building and Health approvals). Thus, all matters relating to the lease are resolved, except for the Boyanup Progress Association’s request for the Council to relax the need for indemnification. The Boyanup Progress Association’s concern is that the indemnification of the Lessor or the Minister, may under some circumstances become the personal liability of the Committee and /or signatories to the lease,

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 44 which places individuals under a level of responsibility they may not be able to respond to in the future. Without the Council assuming this risk for itself, this seems to be a necessary outcome of the Council’s decision. The draft lease is attached for Councillors’ consideration. VOTING REQUIREMENTS Absolute majority OFFICER’S RECOMMENDATION – 14.2 That Council: 1. Continue progressing the transfer of land from that portion of Lot 501 on Deposited Plan

56414 to create Lot 514 on Deposited Plan 411906 to form a new reserve for ‘recreation and community purposes’, pursuant to a Management Order;

2. Subject to a Management Order, seek approval from the Minister for Lands to lease Railway

Cottages #73, #77 and #83 to the Boyanup Progress Association; and 3. Subject to Ministerial approval to lease Railway Cottages #73, #77 and #83 to the Boyanup

Progress Association, authorise the Shire President and the Chief Executive Officer to endorse and affix the seal for the Lease for Portion 514 Bridge Street, Boyanup as attached to this report.

OC0314 COUNCIL DECISION Moved Cr Bell, Seconded Cr Kitchen That this item 14.2 be deferred pending the availability of the BPA President, Mr John Saunders, to attend a Council meeting to make a presentation.

Carried with an Absolute majority 9/0 Reason: The BPA (Boyanup Progress Association) has requested the lease agreement for the Fettlers Cottages on the Agenda be deferred to allow their President John Saunders, who has gone to hospital for open heart surgery, to attend a future Council meeting to make a presentation on this matter. Ms Henry left the meeting at 6.29pm and did not return. Two visitors left the meeting at 6.31pm.


OC0315 (14.3) Extractive Industry – Lot 287 South Western Highway, Gwindinup

Location: Gwindinup Applicant: MBS Environmental File Reference: C5.2.B.141 Disclosure of Interest: Nil Date: 16.02.18 Author: Planning Officer, L Sandon Senior Officer: Executive Manager Engineering & Development Services, J Gick Attachments: 1. Location Plan 2. Works and Excavation Plan 3. Finished Development Plan 4. Schedule of Submissions 5. Rehabilitation Area Plan 6. Draft Extractive Industries Licence IN BRIEF That Council grant Development Approval, subject to conditions, for Industry- Extraction of sand and gravel from Lot 287 South Western Highway, Gwindinup, and grants an Extractive Industry Licence renewal for a period of five years, subject to conditions. RECOMMENDATION That Council: 1. Pursuant to Clause 41 of the Greater Bunbury Region Scheme and Clause 68

(2)(b) of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 grants Development Approval for ‘Industry-Extractive’ on Lot 287 South Western Highway, Gwindinup for a period of 5 years subject to conditions; and

2. Pursuant to the Shire of Capel Extractive Industries Local Law 2016, resolves to grant a renewal of Extractive Industry Licence for a period of five years from the date of the issue of the Development Approval, for Lot 287 South Western Highway, Gwindinup and that the Executive Manager Engineering and Development Services be authorised to sign the Licence on behalf of the Council.

BACKGROUND / PROPOSAL Background 2013 - Ordinary Council Meeting 20.03.2013 (OC0309) granted Planning Consent and Extractive

Industry Licence for the extraction of sand and gravel at the subject lot for five years. Proposal The Shire of Capel has received an application from MBS Environmental on behalf of Mario Michele Giacci for an Extractive Industry Licence renewal. Extraction will be undertaken gradually in seven stages (approximately 2ha each in size) as follows:

Stumps and any foliage remaining from Bluegum trees removal will be removed.


Topsoil and any overburden (approximately 100mm to 300mm thick) will be removed and stockpiled separately for acoustic buffer during crushing operations and then re-spread during rehabilitation.

Sand and gravel material will be extracted in stages (in accordance with the Works and Excavation Plan (Attachment 1)). Face batters will be maintained at no steeper than 1:2. No over-excavation will be undertaken below the finished pit floor levels as detailed in the Finished Development Plan (Attachment 2).

Sand will be screened on site and gravel crushed by way of a mobile (tracked) impact crusher.

Pit floor will be ripped prior to overburden replacement.

Final batters (1:10) will be formed with bulldozer in accordance with Final Development Plan prior to rehabilitation.

Access to the site is gained off Lowrie Road via an easement on adjacent Lot 393.

The proposal will retain existing native vegetation and rehabilitation to pasture in the future.

No Clearing Permit from the Department of Water and Environmental Regulation is required.

Topsoil and any overburden will be stockpiled on the eastern-north eastern boundary of

each stage.

Sand and gravel extraction will take place in an easterly direction.

No structures are proposed to be constructed. STATUTORY ENVIRONMENT Town Planning Scheme No.7 (TPS7) Lot 287 is zoned Rural and has an area of 60.72 hectares. An Extractive Industry is not permitted unless Council grants Planning Consent (‘AA’ use). Public advertising of the matter is not a requirement under TPS7, however, may be undertaken prior to making a determination of the application under the provisions of Clause 8.2.2. Government consultation has been undertaken as detailed within the Consultation section of this report. The following clauses of TPS7 apply to the consideration of this application: 1.6 Scheme Objectives 1.6.1 To direct and control the development of the Scheme area in such a way as shall promote and safeguard the health, safety, economic and general welfare of its inhabitants and shall conserve the natural values of the District. 1.6.4 To provide standards to secure and maintain the orderly and properly planned development of land with the Scheme Area. 5.7 Rural Zone 5.7.1 Council’s objectives in the management of land use in the Rural Zone is to preserve the character of the rural area, discourage the removal of prime agricultural land from agricultural

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 47 production and prevent adverse effects on the continuation of established or potential agricultural industries. 5.7.2 Council’s policy in assessing applications for Planning Consent is in part to have regard to:

(d) The adequacy of roads, existing or proposed in the area, which may be needed to support the amount of road traffic expected to be generated by the development;

(e) The need to impose such conditions as Council deems appropriate in order to

minimise any adverse effect the development may have on the environment of the area.

Planning and Development (Local Planning Schemes) Regulations 2015, Deemed Provisions for Local Planning Scheme Clause 68, Determination of application (2) The local government may determine an application for development approval by-

(a) granting development approval without conditions; or (b) granting development approval with conditions; or (c) refusing to grant development approval.

Clause 72, Temporary development approval The Local government may impose conditions limiting the period of time for which development is granted. Greater Bunbury Region Scheme (GBRS) Under the GBRS the subject lot is zoned Rural. The proposed development is within the GBRS:

Strategic Minerals and Basic Raw Material Resources area and buffer referral area for Titanium–Zircon mineralisation.

Priority Agriculture Land Policy 2017 buffer area. The lot abuts a Primary Regional Road reserve under the control of Main Roads Western

Australia and abuts Regional Open Space. Shire of Capel Extractive Industry Local Law Clause 2.1: Extractive industries prohibited without licence A person shall not carry out an extractive industry –

(a) Unless the person is the holder of a valid and current licence; and

(b) Otherwise than in accordance with any terms and conditions set out in, or applying in respect of the licence.

Clause 3.1: Determination of application Without limiting subclause (2), the local government may impose conditions in respect of the following matters- (5)(q) Requiring the licensee to enter into an agreement with the local government by which is agrees to pay any extraordinary expenses incurred by the local government in repairing damage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by or on behalf of the licensee under the licence.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 48 Clause 6.1: Limits on excavation near boundary Subject to any licence conditions imposed by the local government, a person shall not, without the written approval of the local government, excavate within – (a) 20 metres of the boundary of any land on which the excavation site is located;

(b) 20 metres of any land affected by a registered grant of easement; (c) 40 metres of any thoroughfare; (d) 50 metres of any bore, watercourse, wetland, swamp or other water reserve; or (e) 2 metres of the estimated maximum groundwater level as determined from time to time

by the Department of Water or otherwise as adopted by the local government.

POLICY IMPLICATIONS GBRS- Strategic Minerals and Basic Raw Material Resources Policy 2005 4. Objectives:

4.2 To prevent mineral resources and basic raw materials of State or regional significance

being sterilise from incompatible development and land uses.

4.3 To encourage the mining of mineral resources and extraction of basic raw materials in accordance with environmental standards.

4.4 To promote the rehabilitation and restoration of mining and extraction sites after work

have been completed, in a way that is consistent with the long-term use of the land.

8. Referral and Applications:

8.2 The WAPC, prior to determining subdivision and development applications on land within, adjacent to, or in close proximity to the policy areas will consult Department of Industry and Resources and have due regard to advice and recommendations, except where the Department of Industry and Resources has agreed that particular types of development in specific areas do not require referral.

The application was referred the Department of Mines, Industry Regulation and Safety (Formerly Department of Industry and Resources) for comment and recommendation. RISK IMPLICATIONS The level of risk applying the Shire Risk Management Matrix is considered to be ‘Low’ to the Shire in terms of Financial and Compliance matters. The Shire requires financial bonds to mitigate risk. The heavy haulage associated with Extractive Industries causes road damage and is considered a financial risk to Shire infrastructure, this risk is mitigated through a Road Deterioration Agreement as an extraordinary expense to the Extractive Industry Licence. No Clearing Permit is required as prior to the Planning Consent issued in March 2013.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 49 FINANCIAL IMPLICATIONS Budget The applicant has paid $249 for an application for Development Approval and $3055 for an Extractive Industry Licence application. If Council resolves to refuse the application, or impose conditions to which the applicant objects, the applicant may seek review of the decision through the State Administrative Tribunal (SAT) and costs may be incurred through that process. Long Term Road Deterioration Extractive Industries within the Shire of Capel create a concentration of heavy vehicles accessing local roads to traverse from the site entrance to the closest arterial main road. This concentration of heavy vehicles causes road damage to the local roads and the cost of the deterioration must be passed on to the Extractive Industry as it is the source of the heavy traffic. The Shire of Capel Extractive Industries Local Law 3.1(5) (q) requires the licensee to enter into an agreement with the local government by which it agrees to pay any extraordinary expenses incurred by the local government in repairing damage caused to thoroughfares in the district by heavy or extraordinary traffic conducted by or on behalf of the licensee under the Licence. The Shire’s Road Deterioration Preservation Funding For Extractive Industries calculator provides a consistent and transparent process and the Shire has reviewed the agreement to include industry standard formulas that can be used to calculate the value of deterioration of the pavement for a given number of truck movements. The proposed access to the site is via Lowrie Road, which is under the care and control of the Shire, therefore, requires a Road Deterioration Agreement with the Shire of Capel. An agreement signed between the Applicant and the Shire based on these calculations will result in a road damage contribution of approximately $36,000 for the 936,000m³ of material trucked along Lowrie Road over the life of the pit. This section of Lowrie Road forms part of the Gwindinup Capel Route, which is a recognised as a Regional Road route, and therefore eligible for Regional Road Group funding. Rehabilitation Extraction Industries are required to lodge a rehabilitation bond. The intent for the retention bond is to provide an incentive to rehabilitation performance. Should the licensee fail to rehabilitate, the bond may be used by the Shire to undertake the required works. The Shire’s Schedule of Fees and Charges 2017/2018 list the minimum bond, an Extractive Industry Rehabilitation agreement will need to be entered into between the Shire and the Applicant to detail rehabilitation expectations and authorised use of the bond in the absence of adequate rehabilitation. A rehabilitation bond for the first stage will be required before a licence is issued which equates to 5ha (Stage 2, 3 and 5) x $ 19,743 = $98,715. Rehabilitation bonds are reviewed annually. SUSTAINABILITY IMPLICATIONS Extractive Industries can have impact on the community by way of noise, dust and traffic. The current Environmental Protection Authority (EPA) buffer distances guidance notes consider that

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 50 an acceptable buffer distance between sand quarry of this nature and surrounding residence should be 300-500 metres. The nearest surrounding residence is Lot 26, 450m from the application area. The Extractive Industry will have minimal environmental impact. The removal of non-native vegetation (Bluegums) in the extractive area was conducted in 2012 prior to subsequent Industry Extractive land use approval. Truck traffic impacts are limited to Lowrie Road, being the nominated route in and out of the quarry. Gravel is an essential material for the construction of roads. Having a good distribution of sites, from which gravel may be obtained, assists in reducing the cost of the material principally by reducing transport distances and associated costs. STRATEGIC IMPLICATIONS State Planning Strategy 2050 This strategy identifies the Greater Bunbury Area progressing towards becoming a conurbation (continuous urban area) with the Perth and Peel regions. The strategy highlights the importance of mining growth in the region, noting the ‘mining and downstream processing continues to be a key economic driver for the South West sector’. The Strategy references a number of strategic documents that underpin the State Planning Strategy such as the Greater Bunbury Strategy, Greater Bunbury Region Scheme and the South West framework, which are discussed in further detail below. The State Planning Strategy identifies six key principles to guide land use planning and development. Of these principles the following relate generally to the proposed development: Economy: facilitate trade, investment, innovation employment and community

betterment; Environment: Conserve the State’s natural assets though sustainable development; and Regional Development: Build the competitive and collaborative advantages of the region.

It is important to note that these principles are broad, and are provided at a micro level to be used to guide the preparation of the planning policy framework used in decision making. In this regard the proposal has been considered in accordance with the policy framework prepared under the guidance of these principles. Greater Bunbury Strategy 2013 The Greater Bunbury Strategy is the primary strategic document and Structure Plan prepared by the Department of Planning to guide urban, industrial and regional land use within the City of Bunbury and Shires of Capel, Dardanup and Harvey. The subject site is located within the area classified as Residual of study area: rural (no change to land use). In regards to Rural land, the strategy states that rural land is to be “be retained for primary production, natural resources management and its landscape characteristics that define the rural character of the Greater Bunbury sub-region”. In addition, the Strategy outlines the challenge for sustainable Greater Bunbury, which specifically identifies the lack of suitable fill for new Greenfield development with drainage issues.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 51 The Department of Planning response to the matter was to identify and safeguard the resources required for extractive industries, future fill requirements and construction. Shire of Capel Land Use Strategy 1999 The subject lot is within Planning Unit CA5- Capel – Scarp and Plateau and P3 – Preston – Scarped Plateau. The CA5 objective is to allow for the continued mining of valuable mineral deposits, protect the regional water resource recharge zone, conserve foresting land and protect good quality horticultural land. The P3 objectives is to allow for a mix of rural land uses and provided for expansion of the Boyanup Townsite and to conserve landscape integrity, especially the Scrap. The majority of the extraction area is within CA5. Shire of Capel Strategic Community Plan 2018-2028 The Economic Experience, ‘Responsible and progressive local economic development.’ Strategic Objectives: 3.2 Local businesses and retailers serve the needs of the local community and visitors. 3.5 Activities, new business and developments are encouraged. The Environmental Experience, ‘Preserve and enhance the natural and built environment.’ Strategic Objectives: 4.2 Our unique bush, forests, rivers and beaches are values and protected to preserve the

natural environment. 4.3 As a community we come together to respond to environmental challenges and risks. The Infrastructure Experience, ‘To ensure safe, sustainable and efficient infrastructure and transport networks.’ Strategic Objective: 5.3 Working together to meet the needs of changing infrastructure requirements. CONSULTATION This application was advertised for comment to nine government departments for a period of 42 days, ending 14 March 2018. The TPS7 permissibility of the Industry Extractive in a rural zone does not require public consultation. In this instance the Shire has used discretion to not apply TPS7 Clause 8.2.2 as the landuse has been in operation for five years and the Shire has not received any complaints or concerns with the operation which is proposed to continue for another five years. The Shire received seven submissions from Government departments and these submissions are contained in Attachment 4 Schedule of submissions. The Shire received no objections for the Industry Extractive land use. As detailed in the Schedule of Submissions, two Government departments did not submit comments within the 42 day advertising period. As the proposal is for a continuation of an existing operation with no clearing and previously approved water management, the proposal represents a negligible environmental risk.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 52 COMMENT Noise The Herring Storer Acoustics report dated October 2012 for Lot 287 South Western Highway details that the noise received at the neighbouring residences will comply with the Regulatory requirements with the following noise ameliorations:

The plant is only operated during the day period, being 0700 to 1900 hours Monday to Saturday, but excluding public holidays;

Construct a 4m high bund along the eastern and eastern half of the north edges of the pit;

Ensure that plant is located adjacent to the eastern face of the pit; and The dozer not used at the same time of the plant.

The noise ameliorations above have been utilised with the previous development approval. The Shire previously has conditioned the Industry Extractive approval with the limited operations of Monday to Friday 0700 to 1800; this requirement will continue to protect the surround residences amenity. Traffic The amount of traffic likely to be generated by the proposal approximately equates to 5-10 truck movements per day, subject to market demands. The subject site has access to Lowrie Road via an easement through Lot 393 Lowrie Road. Lot 393 Lowrie Road has received a Development Approval for Industry Extractive, with approximately 5-10 truck movements per day. The accumulation of truck movements through both Lot 393 and Lot 287 is noted, however Lowrie Road is a designated Restricted Access Vehicle (RAV) network. The road system in the locality including Lowrie Road and South Western Highway are designed with the capacity for heavy haulage traffic for the surrounding land uses. The proposed development is unlikely to accumulatively increase traffic to the locality as the applicants market will remain unchanged, however; it is considered that the surrounding road network has the capacity to manage the increase in traffic. Dust Management A Dust Management Plan has been developed with the objectives to minimise off-site dust generation. The plan identifies the various triggers and activities for the sand extraction and rehabilitation. There is significant native vegetation between the proposed extraction site and the closest residence or road system. The proposed works and monitoring programme detail adequate intervention indicators of onsite visual monitoring measures in place and combined with signage advising the public of the address if the responsible person to be contacted in the event of a complaint against the operations of the pit. The applicant is to forward a completed copy of the Complaint Form to the Shire for record. Dieback Management A Dieback Management Plan prepared by Ecoedge Environmental Pty Ltd. Dieback mapping is undertaken in naturally vegetated areas. The proposed extractive site previously cleared of Bluegums is categorised as un-mappable. The proposed dieback hygiene management recommendations for the remaining portion of the site with native vegetation of a 30m wide buffer to be established around the native vegetation. Machinery is not permitted to operate outside of the ‘site boundary’ and no vehicle access to the site through the southern boundary track of Lot 287. The proposed Works and Excavation Plan (Attachment 2) has included the 30m buffer within the staging.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 53 Rehabilitation Due to the site previously being cultivated with Bluegums the Department of Water and Environmental Regulations (DWER) were not required to approve a clearing permit and, therefore, was not in a position to determine rehabilitation standards. As part of the 2013 temporary Development Approval for the previous Industry Extractive land use a Rehabilitation and Decommissioning Programme dated May 2013 was created and approved. The same Rehabilitation and Decommissioning Programme has been submitted as part of this application. The proposed rehabilitation for the staged extraction area is to be traditional farming pastures on completion of the sand and gravel activities. The remainder of Lot 287 not within the staged extraction areas are to have supplementary infill rehabilitation area with endemic native species as detailed in the Rehabilitation Area Plan (Attachment 5). Planning The subject lot under the GBRS and TPS7 is zoned Rural. The Rural zone is “to provide for the sustainable use of land for agriculture, assist in the conservation and wise use of natural resources including water, flora, fauna and minerals, provide a distinctive rural landscape setting for the urban areas and accommodate carefully planned rural living developments.” The proposal is consistent with this purpose as it will enable the extraction of basic raw materials while ensuring the long term landscape setting and environmental values in the locality are maintained. In addition, the GBRS also identifies the site within the Strategic Minerals and Basic Raw Materials Resource Policy area. During past extraction activity on the site, no record of mineral strata have been produced. It is acknowledged, that in the unlikely event that minerals be encountered, work will be stopped to ensure protection of this resource and contact be made with the relevant authority. On this basis, the proposal is consistent with the intent to realise the basic raw materials from the site. The proposed conditions will provide standards to secure and maintain the orderly and properly planned development of land. Conclusion The proposed land use is considered consistent with Regional and Local Planning documents and concerns raised have been addressed through modifications to the proposal. Plans submitted are to reduce the likelihood of negative impacts from the extractive industry onto surrounding landholders and the environment. On balance staff is of the view that the proposed activity is appropriate for the site and the applicants obligations to the rehabilitation of the site provides revegetation to ensure a satisfactory outcome for the environmental values of the area.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 54 VOTING REQUIREMENTS Simple majority OC0315 OFFICER’S RECOMMENDATION – 14.3/COUNCIL DECISION Moved Cr McCleery, Seconded Cr J Scott That Council: 1 Pursuant to Clause 41 of the Greater Bunbury Region Scheme and Clause 68

(2)(b) of the Deemed Provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 grants Development Approval for ‘Industry-Extractive’ on Lot 287 South Western Highway, Gwindinup for a period of 5 years subject to conditions; and

a) All development being limited to that detailed in the Lot 287 South Western

Highway Sand and Gravel Extractive Industry Licence and Development Approval Application Report and in accordance with the Approved Development Plan(s) dated 28 March 2018;

b) The approval being limited to 5 years from the date of issue of the

Development Approval; c) There shall be no storage of hydrocarbons on-site. On-site refuelling of

equipment will be from a mobile service vehicle carrying appropriate spill prevention and clean-up equipment. No major repairs or maintenance will take place on site; and

d) The hours of operation shall be from 7.00am to 6.00pm, Monday to Friday.

No operations shall be permitted on Saturdays, Sundays or public holidays. Advice Notes:

i. The applicant is advised this decision does not remove the obligation of the applicant and/or property owner to ensure that all other required local government approvals are obtained, all other applicable state and federal legislation is complied with, and any restrictions, easements and encumbrances are adhered to, nor does it infer that other necessary approvals are forthcoming as an outcome of this Development Approval.

ii. The applicant/landowner is advised that the clearing of native vegetation in Western Australia requires a Clearing Permit under the Environmental Protection Act 1986 unless the clearing is for an exempt purpose. Applicants are advised to contact the Department of Environmental Regulation on (08) 9725 4300 for further advice in this regard.

iii. The applicant/landowner is advised that the clearing of native vegetation within

the Shire of Capel may result in impacts upon threatened species that are protected under the Commonwealth Environment Protection & Biodiversity Conservation Act 1999. Applicants are advised to contact the Department of Sustainability, Environment, Water, Population and Communities on (02) 6274 1111 for further advice regarding their obligations under the Act.

iv. The licensee shall have due respect to the Aboriginal Heritage of the area of the works and all workers shall be briefed accordingly prior to commencement of any works on site. The works may be in proximity of areas that were part of the Aboriginal culture and so there is the possibility that artefacts or remains may


be in the area. All workers are to be advised of this possibility. Should the presence of a site of possible significance be discovered or if any artefacts or remains are discovered then any works in the vicinity are to stop immediately and be reported to the Department of Aboriginal Affairs. If bones are discovered, then police are also to be advised immediately. The Licensee shall note that it is an offence under the WA Aboriginal Heritage Act to interfere with any Aboriginal site unless written permission is obtained from the Minister for Aboriginal Affairs.

v. Following the occurrence of a rainfall event greater than the 10 year/2 hour Average Recurrence Interval, the applicant shall inspect the site and within 48 hours report to the Shire of Capel, with details of impacts and remediation actions (if required).

vi. The development that is the subject of this planning approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Noise) Regulations 1997 in relation to noise emissions.

vii. The sand and gravel resources in the proposal area are near a Strategic Mineral Resource Protection Area for Titanium—Zircon mineralization. Any removal of sand containing potentially economic grades of this type of mineralisation may be illegal without authorization under the Mining Act 1978. Whilst available information indicates that there are no economic grades in this location, advice should be sought from DMIRS should the company have any doubt about the presence of mineralization during extraction.

2 Pursuant to the Shire of Capel Extractive Industries Local Law 2016, resolves to grant a renewal of Extractive Industry Licence for a period of five years from the date of the issue of the Development Approval, for Lot 287 South Western Highway, Gwindinup and that the Executive Manager Engineering and Development Services be authorised to sign the Licence on behalf of the Council.

Carried 9/0


OC0316 (14.4) Council Policy 5.4 Trading and Operating a Stall in Public Places

Location: Whole of Shire Applicant: Shire of Capel File Reference: 4.60.11 Disclosure of Interest: Nil Date: 26.02.18 Author: Principal Environmental Health Officer, M Chadwick Senior Officer: Executive Manager Engineering and Development Services, J Gick Attachments: Policy 5.4 Trading and Operating a Stall in Public Places IN BRIEF It is recommended that Council adopt the changes to Council Policy 5.4: Trading and Operating a Stall in Public Places. The changes are proposed as a result of a review of the policy to make it more flexible with community expectations and Shire resources. RECOMMENDATION That Council endorses the amended Council Policy 5.4: Trading and Operating a Stall in Public Places as detailed in the attachment. BACKGROUND / PROPOSAL Background The Local Government Act 1995 requires Council to determine the local government’s policies. The Shire of Capel Policy 2.1 (Policy Manual) requires that these policies be reviewed by the end of every second year. The Policies relevant to Health (Section 5 of the Manual) have been reviewed in 2017 to assess whether they remain relevant, consistent with or reflect legislative changes, current trends and follow best practice. This review examined seven Policies. Council resolved at its Ordinary Meeting dated 20 December 2017 to advertise the draft Council Policy 5.4 Trading and Operating a Stall in Public Places “the draft Policy” for 28 days and then bring the policy back for consideration. Proposal There are currently ten (10) approved permit holders (Mobile Food Vehicles (5) and Stallholder (5)). In clause 6.7 (4) of the Local Law, street market and events authorised by the Shire are not required to apply for permits under the relevant Local Laws. The proposed policy provides locations where street markets and events may be authorised. The proposed policy reinforces the exclusion of market stalls or events coordinated or operated by charitable organisations from being required to hold a stall holder or traders permit. It also allows fees to be waived for charitable organisations as allowed by clause 6.7 (2) of the Local Law. This reduces the burden of costs and administration for activities associated with very low levels of risk and well established coordination by local community groups. The maximum time period of five hours and trading between the hours of 7am to 7pm are recommended to be removed. This allows flexibility for trading to occur during evenings and longer periods for Shire authorised events. The duration and times will be managed by Council Delegation 120, based on the merits of the application and situation rather than to bring simple applications to Council for a decision when outside certain timeframes/periods.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 57 STATUTORY ENVIRONMENT Local Government Act 1995 s2.7 2.7 Role of council (1) The council – (a) governs the local government’s affairs; and (b) is responsible for the performance of the local government’s functions (2) Without limiting subsection (1), the council is to – (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies. Shire of Capel Activities in Thoroughfares and Public Places and Trading Local Law 2016. 6.6 Conditions of permit (1) If the local government approves an application for a permit under this Division subject to conditions, those conditions may include – (a) the place, the part of the district, or the thoroughfare to which the permit applies; (b) the days and hours during which a permit holder may conduct a stall or trade; 6.7 Exemptions from requirement to pay fee or to obtain a permit (1) In this clause – charitable organisation means an institution, association, club, society or body whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which any member does not receive any pecuniary profit except where the member is an employee or the profit is an honorarium; and commercial participant means any person who is involved in operating a stall or in conducting any trading activity for personal gain or profit. (2) The local government may waive any fee required to be paid by an applicant for a stallholder's permit or a trader's permit on making an application for or on the issue of a permit, or may return any such fee which has been paid, if the stall is conducted or the trading is carried on – (a) on a portion of a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that does not sublet space to, or involve commercial participants in the conduct of a stall or trading, and any assistants that may be specified in the permit are members of that charitable organisation. (3) The local government may exempt a person or a class of persons, whether or not in relation to a specified public place, from the requirements of this Division. (4) Notwithstanding any other provisions of this local law, a requirement to obtain a permit under this local law does not apply to – (a) a special event or trading authorised by the local government under another written law or agreement; or (b) a person trading in a street market authorised by the local government. 7.4 Imposing conditions under a policy (1) In this clause – policy means a policy of the local government adopted by the Council containing conditions subject to which an application for a permit may be approved under clause 7.2(1)(a). (2) Under clause 7.2(1)(a) the local government may approve an application subject to conditions by reference to a policy. (3) The local government is to give a copy of the policy, or the part of the policy which is relevant to the application for a permit, with the form of permit referred to in clause 7.2(2).

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 58 (4) An application for a permit is to be taken not to have been approved subject to the conditions contained in a policy until the local government gives the permit holder a copy of the policy or the part of the policy which is relevant to the application. (5) Sections 5.94 and 5.95 of the Act shall apply to a policy and for that purpose a policy is to be taken to be information within section 5.94(u)(i) of the Act. POLICY IMPLICATIONS This recommendation is to adopt Policy 5.4 Trading and Operating a Stall in Public Places. RISK IMPLICATIONS The implication of making the changes to the policy provides greater clarity for the situations in which trading and operating a stall require a permit and also the specific locations authorised by the Shire for the conduct of street markets and special events. The majority of risks associated with the issuing of permits may be managed by enforcing the specific conditions and conduct of the permit holder as specified by the Local Law and proposed policy. A variation to conditions made under clause 7.5 Compliance with and variation of conditions of the Local Law can also be made by issuing a notice to the permit holder, where a risk is identified that is not covered specifically in the Local Law or policy. FINANCIAL IMPLICATIONS Budget There are minor financial implications relevant to this matter. The Shire currently collects fees from ten commercial mobile food operators and stall holders, totalling $3,655. Long Term There will be an ongoing requirement for inspection of food vans and stalls as part of the approval process which will be covered by fees received. SUSTAINABILITY IMPLICATIONS These Policies assist in the sound management of Council’s financial resources, governance procedures and financial systems. This assists Council in creating positive social and economic impacts in the community by the activity of the permit holders and visitors. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028 The Economic Experience, ‘Responsible and progressive local economic development.’ Strategic Objectives: 3.1 The community capitalises on its unique attributes and location. 3.2 Local businesses and retailers serve the needs of the local community and visitors. 3.3 Each Town Centre and its facilities meet the needs of residents and visitors and are

presented to a welcoming standard. 3.4 Promoting events, including arts, culture and sporting events to bring revenue into the

Shire. 3.5 Activities, new business and developments are encouraged.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 59 CONSULTATION The draft policy was advertised on the Shire website, local newspapers and social media Facebook page. No external submissions on the policy were received during the advertising period. The Shire also wrote to individual traders and stall permit holders inviting them to make a submission. At the time of writing no responses had been received. A separate complaint was received from a trader raising concerns about competition between traders wanting to trade at the same time at specific locations specified in the Policy. This is considered an enforcement matter where Shire Officers will need to monitor the approved locations are not unreasonably occupied by more than two traders at any one time. At the Shires regular Development Coordination Unit meeting officers raised concerns with there being no maximum duration or times specified for trading in the policy. The intention is for the policy to provide greater flexibility with the duration and times trading is allowed. The relevant risks associated with issuing permits is covered under the ‘risk implications’ section in this agenda report. COMMENT Proposed changes include: 1. Inserting “and Operating a Stall” in the name of the Policy to reflect that it applies to all

activities that require a permit under the definitions of activities under the relevant part of the Local Law;

2. Adding locations to operate a stall or trade to recognise sites used for sale of goods at

markets and events within Shire town sites; 3. Requiring permit holders provide a certificate of currency for public liability insurance and

approval for advertising and directional signage; and 4. Allowing a waiver of fees and obtaining a permit for charitable organisations. The Policy has been advertised for public comment. This provided opportunity for traders and community to input on the proposed policy. This identifies more opportunities within the Shire for approving permits and to enhance associated economic and community development and tourism. VOTING REQUIREMENTS Simple majority OC0316 OFFICER’S RECOMMENDATION – 14.4/COUNCIL DECISION Moved Cr J Scott, seconded Cr Kitchen That Council endorses the amended Council Policy 5.4: Trading and Operating a Stall in Public Places as detailed in the attachment.

Carried 9/0


OC0317 (14.5) Emergency Accessway Easement - English View to Duffield Place, Gelorup

Location: Lot 25 Loretta Avenue Gelorup Applicant: G7 Property Pty Ltd File Reference: LP.SU.14 Disclosure of Interest: Nil Date: 07.03.18 Author: Coordinator Engineering Development, A Coulson Senior Officer: Executive Manager Engineering and Development Services, J Gick Attachments: 1. Site Plan 2. Cadastral Boundaries Plan IN BRIEF The subdivision of Lots 1 and 10 Bussell Highway, Gelorup by G7 Property Pty Ltd requires as a condition of approval, the construction of an Emergency Accessway between English View and Duffield Place, Gelorup. The existing land reserved for this accessway is only 5 metres wide, which is not sufficient for the minimum width of 6 metres for the accessway. The owner of Lot 25 Loretta Avenue, Gelorup has agreed with Shire officers to create an easement over the future accessway reserve. This will allow for the construction of the emergency accessway and for the Shire to maintain the area as an interim measure prior to subdivision of the land. In order to enter into a formal easement agreement, Council must determine the matter and authorise the Shire President and Chief Executive Officer to endorse and affix the seal to the easement agreement. RECOMMENDATION That Council authorises the Shire President and the Chief Executive Officer to endorse and affix the seal to the easement agreement relating to establishment of tenure rights over the English View to Duffield Place Emergency Accessway in respect to any agreement reached with the owner of Lot 25 Loretta Avenue, Gelorup. BACKGROUND / PROPOSAL Background The Shire of Capel is currently in the process of clearing subdivision conditions for Lots 1 and 10 Bussell Hwy, Gelorup (WAPC 151943) approved 21 October 2015. One of the conditions of the subdivision is for the landowner/applicant (G7 Property Pty Ltd) to construct an access way from the end of English View to Duffield Place, over Lots 57 and 154, for the purposes of an Emergency Access Way and pedestrian access, to the specification of the Department of Fire and Emergency Services and the Shire of Capel. The intention of this emergency access way has been well documented in the Gelorup North West Subdivision Guide Plans most recently endorsed on 21 September 2015, and the fact that Lot 25 has not been subdivided as yet, means that no land contribution has yet been made, leaving the land tenure for the access way only 5m wide at lot 57 as shown on Attachment 2 - Cadastral Boundary plan. During the engineering design stage of the subdivision of Lots 1 and 10, it was found that an acceptable emergency access way could not be constructed within a 5m wide corridor, and so

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 61 the developer approached the landowner of Lot 25 to gain support for an 5m easement to allow for the construction of the required 6m wide road, with unlocked gates at each end. The landowner was prepared to consent to the easement on the condition that the Shire maintain public liability insurance and take on responsibility of maintenance of the laneway and this is to be reflected in the Deed of Easement. Lots 57 and 154 are currently freehold lots with the Shire of Capel and will be converted to crown reserve. In the future when Lot 25 is subdivided, the easement area will be ceded to the Shire. Proposal This report seeks to gain Council support for the establishment of the Emergency Accessway over private property as an interim measure to ensure completion of the subdivision. STATUTORY ENVIRONMENT Land Administration Act 1997 Section 195 states It is possible, and is deemed always to have been possible — (a) to create in favour of the State of Western Australia or in favour of a State instrumentality,

statutory body corporate or local government, an easement without a dominant tenement; and

(b) to annex to or make appurtenant to an easement, another easement or the benefit of a restriction as to the user of land.

Section 196 (1) An easement created under section 195 may be specified to be a public access easement. (2) A public access easement is a right of way for the use and benefit of the public at large. (3) An interest in land cannot be taken under this Part for the purpose only of creating a public

access easement. (4) Subject to subsection (3), a public access easement is a public work for the purposes of

this Part and Part 10. (5) A public access easement may be limited in any way, including, for example — (a)

limitations on use by vehicles; (b) limitations by time, so that the right may only be exercised between particular hours, at particular times of year, or on the occurrence of particular events.

(6) A public access easement is not a public right of way for the purposes of section 68 of the

Transfer of Land Act 1893. (7) For the purposes of the Occupiers’ Liability Act 1985, the Crown is not, and a local

government is not, an occupier of the land over which a public access easement is granted. (8) Any covenants in a deed creating a public access easement are binding on successors in

title to the covenantor, unless the deed provides otherwise. (9) A public access easement in favour of the State of Western Australia may be varied or

surrendered on behalf of the State by a deed made by the Minister responsible for the administration of the Planning and Development Act 2005.

Town Planning Scheme No. 7 Lot 25 is currently zoned “Residential”.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 62 POLICY IMPLICATIONS There are no policy implications relevant to this item. RISK IMPLICATIONS At the time of the subdivision application, it was assumed that the location of the emergency accessway would be within Lots 57 and 154. Since the subdivision has been approved and further consultation with the Shire’s Emergency Services division, it is now clear that the Shire will not support the establishment of the emergency accessway only within Lots 57 and 154. The applicants proposal to locate the accessway also within the future accessway reserve is the best alternative location for the accessway alignment prior to subdivision of Lot 25 taking place. The owners of Lot 25 have given permission for G7 Property Pty Ltd to commence construction of the emergency accessway within Lot 25 on the understanding that an easement agreement would be reached with the Shire. The Shire initially agreed with the principal of the easement agreement and have since realised that Council authorisation is required for the Chief Executive Officer to endorse and affix the seal to the easement agreement. If Council resolves to refuse the easement agreement, the completion of the approved emergency accessway will not be possible, which could result in a substandard emergency accessway which may compromise subdivision clerance of conditions. An alternative to the creation of the easement may be compulsory acquisition of land through the Land Administration Act, however this process can take several years if the landowner does not agree with the process. Compulsory acquisition would also result in the same insurance and maintenance requirements over the area. The remainder of the subdivision works are due to be completed by the end of March 2018. The future subdivision of Lot 25 is unknown at this stage. The creation of an easement to construct and maintain the proposed emergency accessway may introduce public liability risks which the owner of Lot 25 wishes to pass onto the Shire. Shire officers have consulted with the Shire insurers, Local Government Insurance Scheme (LGIS) to determine appropriate wording in the easement agreement. LGIS has advised that the following wording is acceptable and is to be included in the draft deed of easement agreement: (a) “The Grantee acknowledges and agrees that the Grantee will enjoy the Easement at its

own risk and the Grantee shall indemnify the Grantor against claims, demands, actions, loss, cost and expenses caused by the negligence of the Grantee, during the exercise of this Easement by the Grantee and its invitees and licensees.”

(b) “The Grantee shall effect and keep a current public liability insurance policy to such a

level of cover that is reasonably required by the Grantor. The Grantee shall provide proof to the satisfaction of the Grantor of the sums insured and the terms of the public liability insurance policy upon request by the Grantor.”

The emergency accessway will be constructed by experienced contractors with adequate insurance cover, and once built, will be maintained by the Shire to ensure it presents minimal safety or liability issues. The emergency accessway wil have unlocked gates at either end and signage indicating ‘Emergency Access Only’. It is expected that the accessway will only be utilised by pedestrians daily and vehicles in an emergency situation, such as a bush fire.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 63 FINANCIAL IMPLICATIONS Budget There will be no impact to the Shire budget, as the costs for the preparation of the easement agreement will be borne by G7 Property Pty Ltd. Long Term The establishment of the proposed easement over Lot 25 will require the Shire to maintain the easement area (44m long x 5m wide). The emergency access will comprise of a 6 metre wide asphalt surface centralised on the 10 metre wide reserve. There is expected to be minimal maintenance required for the pavement and occasional slashing required for the 2 metre wide verge. This will cost in the order of $200 annually and will be booked to Account J3570. SUSTAINABILITY IMPLICATIONS This accessway would greatly improve the opportunity for Duffield Place and English View residents to escape any bushfire situation by giving them 2 access points as mandated in the Guidelines for Planning in Bushfire Prone Areas. It will also establish an opportunity for local residents to walk between Duffield Place and English View. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Community Experience. ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place t live, work and visit.’ Strategic Objective: 2.1 Council works in partnership with the community in providing appropriate services and

facilities. The Infrastructure Experience, ‘To ensure safe, sustainable and efficient infrastructure and transport networks’ Strategic Objective: 5.4 Community needs a safer and efficient transport network including public transport. Shire of Capel Town Planning Scheme No. 3 The Gelorup North West Subdivision Guide Plan Modification No. 1 indicates an Emergency Vehicle and Pedestrian Access route between English View and Duffield Place. This proposal is consistent with that plan. CONSULTATION LGIS has been consulted regarding the public liability insurance implications for the easement area. Agreement on acceptable wording has been reached as discussed under the Risk Implications heading, which is consistent with previous easement agreements granted to the Shire for walking trails and pathways. The Manager Ranger and Emergency Services, was consulted to determine an acceptable emergency accessway design and an onsite meeting was held with the Chief and Deputy Chief Bushfire Control Officers to determine if the original proposal for a 5 metre wide access would be suitable.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 64 The outcome of the onsite meeting was that a minimum width of a 6 metre pavement would be required central to a 10 metre wide reserve to enable adequate clearance for firefighting appliances and the public movement in the instance of a bushfire emergency. The owners of Lot 25 Loretta Avenue have requested access to the emergency accessway as a secondary access to Lot 25 as has occurred previously. The Shire has provided written confirmation that the Shire has no objection to the easement area being used for secondary access to Lot 25 as has occurred previously. During the development of the easement option, consultation with the Shire’s Planning, Operations and Executive Officers has taken place to ensure the proposal meets the Shire objectives. COMMENT The Gelorup North West Subdivision Guide Plan indicates the requirement for the emergency vehicle and pedestrian access between English View and Duffield Place to be included in any subdivision approval for the area. As previous subdivision has occurred, Lot 57 and Lot 154 have been ceded to the Shire for the provision of the accessway. Lot 25 is still undivided and, therefore, no land has been set aside for the provision of the accessway to date. When the subdivision of Lot 1 and 10 Bussell Highway was approved, only a 5 metre wide reserve was available in Lot 57 to construct the emergency access. The standard specifications for emergency accessways is outlined in the Guidelines for Planning in Bushfire Prone Areas, which specifies a minimum width of 6 metres of pavement. After onsite consultation with bushfire control officers, it was clear that the available land was not wide enough to accommodate the required emergency access and further land is required to allow the subdivision of Lots 1 and 10 to be completed. The owners of Lot 1 and 10 Bussell Highway (G7 Property Ptd Ltd) have now come to an agreement with the landowner of Lot 25 Loretta Avenue for the construction of the emergency accessway over a 5 metre wide portion of Lot 25, on condition that an easement agreement is entered into with the Shire to ensure the Shire has public liability insurance over the easement area and the Shire accepts maintenance responsibilities over the easement area. When future subdivision of Lot 25 occurs, the proposed easement area will be recommended to be ceded to the Shire. During these negotiations Shire officers sought legal advice to ensure right of access to the land for use and maintenance of the accessway. The advice provided is that an easement agreement is required to confirm right of access for public use and Shire maintenance. The alignment of the proposed accessway within Lot 25 is essential to the completion of the subdivision. The owners of Lot 25 have indicated their willingness to support the subdivision and only ask that the easement area is insured and maintained by the Shire. Although the proposed access alignment will incur some additional increase to maintenance costs, the overall benefit to the community in providing a safer emergency route between Duffield Place and English View outweighs the cost implications.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 65 One visitor left the meeting at 6.43pm. VOTING REQUIREMENTS Simple majority OC0317 OFFICER’S RECOMMENDATION – 14.5/COUNCIL MOTION Moved Cr J Scott, Seconded Cr McCleery That Council authorises the Shire President and the Chief Executive Officer to endorse and affix the seal to the easement agreement relating to establishment of tenure rights over the English View to Duffield Place Emergency Accessway in respect to any agreement reached with the owner of Lot 25 Loretta Avenue, Gelorup.

Lost 0/9 OC0318 COUNCIL DECISION Moved Cr Hearne, Seconded Cr Kitchen That item 14.5 be deferred to the April 2018 council meeting for the easement agreement to be included.

Carried 9/0 Reason: The easement agreement has not been included in the current agenda as an attachment. One visitor left the meeting at 6.48pm.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 66 Cr Hearne declared a Proximity Interest in Item 14.6 Program of Works – Paths (2018-2023). The nature of his interest is path works adjoin his property and left the chambers at 6.50pm. Cr Kitchen declared Proximity Interest in Item 14.6 Program of Works – Paths (2018-2023). The nature of his interest is that the footpath planned in 2020/21 (Tavern to Bridge) is in direct proximity to a property his family owns and left the chambers at 6.50pm.

OC0319 (14.6) Program of Works – Paths (2018-2023)

Location: Whole of Shire Applicant: Shire of Capel File Reference: RC.PL.2 Disclosure of Interest: Nil Date: 06.02.18 Author: Engineering Technical Officer, T van Beem Senior Officer: Executive Manager Engineering and Development Services, J Gick Attachments: 1. Paths Program 2018/19 – 2022/23 Locality Maps 2. Spreadsheet: 5 Year Program of Works – Paths (2018 -2023) IN BRIEF The Council is requested to adopt an updated Program of Works – Paths (2018 to 2023) and allocate funds to 2018/19 budget. RECOMMENDATION That Council: 1. Endorse the Program of Works – Paths (2018 - 23); and 2. Allocates $228,783 in the draft 2018/19 Budget for the Paths Capital Works

Program. BACKGROUND / PROPOSAL Background 27 May 2015 (OC0513) Council decided to discontinue the previous 10 Year Pathway Strategy (2014/15 to 2023/24) and adopted a revised 4 Year Program of Works – Paths (2015/16 to 2019/20). 25 May 2016 (OC0507) Council endorsed an updated 4 Year Program of Works (Program of Works – Paths (2017/18 to 2021/22)) with modest expansion of the allocated budget. In January 2017 Council received advice from the Regional Bicycle Network Local Governments Grants program that the Shire had been successful in its application for grants totalling $61,693 in 2017/18 and $53,068 in 2018/19 for Phase 2 of the Bussell Highway Shared Use Path project (extension of the Shared Use Path South from Norton Promenade, Dalyellup and across the Bussell Highway to Frances Road, Gelorup). As advice of these grants had not been received prior to submission of the Program of Works – Paths (2016/17 to 2019/20), this work was not included in that Program. Delivery of Phase 2 of the Bussell Highway Shared Use Path project has the following implications on the proposed Program of Works – Paths (2017/18 to 2021/22) at variance to the Plan endorsed by Council under decision OC0507.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 67 26 April 2017 (OC0405) Council endorsed an updated program of works to extend the previous 4 Year Program of Works – Paths (2016/17 to 2019/20) to a 5 Year program. This included allowance for completion of Stage 2 of the Bussell Highway Shared Use Path project; and allocated budget for Paths in future years, bringing costs into line with the endorsed Long Term Financial Plan. Council also endorsed the use of sacrificial/holding Treatments for areas that are planned for future main street upgrade works. 7 November 2017 The Department of Transport provided advice of increased funding for the Bussell Highway Shared Path to 50% of the Shires cost estimate based on the alignment approved by Main Roads WA and Department of Transport, totalling $70,953 in 2017/18 and $63,607 in 2018/19. Proposal To consider adoption of an updated five year Program of Works – Paths (2018/19 – 2022/23) and allocation of funds to the 2018/19 Budget. This report addresses the following:

Update the 5 year program to include the 2022/23 proposed works. Update estimated costs for projects in line with the scope of works and current

construction rates. STATUTORY ENVIRONMENT Section 5.56 – Planning for the future, of the Local Government Act 1995 applies: (1) A local government is to plan for the future of the district. (2) A local government is to ensure that plans made under subsection (1) are in accordance

with any regulations made about planning for the future of the district. POLICY IMPLICATIONS The following Council policies apply: Council Policy 2.33: Asset Management;

Council Policy 2.7: Preparation of Integrated Financial Plan and Budget;

Council Policy 2.9: Budget Management – Capital Acquisitions and Works;

Council Policy 6.13: Capel Townsite Strategy;

Council Policy 6.15: Boyanup Townsite Strategy;

Council Policy 6.17: Urban Landscape Policy;

Council Policy 7.3: Engineering Specifications (Subdivision Land Development); and

Council Policy 8.6: Disability Access & Inclusion. RISK IMPLICATIONS In 2017 Catalyse completed the Markyt Community Scorecard this highlighted the communities expectation for a high quality footpath and cycleway network. Currently the community regard the Shire Footpath and Cycleway network as “okay” and the Shire’s performance meets the industry standard. A reduction in the annual paths program of works may result in negative feedback from the community and increased customer complaints. The proposed program balances the construction of new paths and renewal of aging infrastructure, as the average age of the network increases the balance of renewals will need to increase to ensure the network remains safe for users. If the renewal of path assets is not effectively managed the risk of increased trip hazards and unplanned maintenance may increase.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 68 FINANCIAL IMPLICATIONS Budget The following table provides a summary of the 2018/19 budget arrangements proposed for the Program of Works – Paths (2018/19 – 2022/23):

Item Description $ 2018/19 Expenditure Network Expansion Asset upgrades 165,436 Network Preservation Asset renewals 58,170 Proposed 2017/18 Program of Works Total expenditure 226,106 2018/19 Funding Regional Road Group (RRG) Other External Sources of Funds WA Bike Network Grant 63,607 Total funding 63,607 2018/19 Budget Arrangements Proposed 2017/18 Program of Works Total expenditure 226,106 Anticipated funding Total revenue 63,607

General purpose revenue Required to achieve proposed program 162,499

Long Term This report has been structured to deliver a five year Program of Works – Paths (2018/19 – 2022/23). The Program of Works – Paths (2018/19 – 2022/23) is informed by two primary supporting documents:

The Shire of Capel Path Strategy 2013 - 2018; and The Shire of Capel Local Bike Plan 2016

The program allows for physical replacement of existing end of life assets; creation of new Paths where previous studies have identified ‘missing links’ and the continuation of projects of Regional significance such as the Bussell Highway Shared Use Path. The majority of unconstructed projects recommended in The Shire of Capel Path Strategy 2013 -2018 are scheduled for construction in the 2018/19 -2022/23 Program of Works. The Shire of Capel Path Strategy is planned for review and will be presented to Council for adoption prior to the next update of the Paths Program of Works. The Shire is currently working to improve its knowledge of factors affecting the whole of life costs. A more detailed and accurate understanding of operation and maintenance costs, risk costs, environmental costs, disposal costs and residual costs will enable the Shire to better account for and report the costs associated with managing path assets. This work is ongoing; as the whole of life cost understanding is improved the Shire is able to better account for these costs and allow for them more accurately in future budgets.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 69 SUSTAINABILITY IMPLICATIONS The proposed Program of Works – Paths (2018/19 – 2022/23) addresses sustainability criteria in the following ways: Social: To provide an appropriate level of amenity and serviceability for infrastructure within the community. Improve social well-being through encouragement of healthy lifestyles and efficient transportation choices. Aims to improve universal access for prams, wheelchairs and people with reduced mobility. Economic: Provide opportunities for economic development of the Shire through improved access to commercial districts for pedestrian traffic and through the attraction of additional visitors to the Shire (e.g. bicycle tourists), employment through the delivery of the works. Environment: Provide an aesthetically pleasing, attractive environment in which to live. Encourage greater engagement with the environment by residents and reduced carbon footprint for the Shire overall through support for alternative transport modes (i.e. those that do not require the use of motor vehicles.) Asset: The Asset Management Strategy (Dec, 2015) established achievement of a balanced Sustainability Ratio on Capital Works of 0.9 to 1.1 as a primary Key Performance Indicator. KPI Measure Source Rationale Target

Range Sustainability Ratio

(CAPEX on Renewals) divided by (Annual Depreciation Expense)

Long Term Financial Plan

A measure of the Shire’s ability to maintain its asset portfolio for the long term. See Appendix 2 for further details.

0.9 to 1.1

The Paths asset was valued under fair valuation rules in March 2016. The total value of the asset, (including Pram Ramps), was determined at $13.1 million. Depreciation of this asset is costed at $297,731 per annum over a (typically) 65 year economic life. Projection of probable future Sustainability Ratios indicates that, despite the incremental increase in capital expenditure recommended in 2016 under Council decision OC0507, the asset sustainability ratios under the proposed Plan remain significantly below the minimum indicated in the Asset Management Strategy (Dec, 2015). This is due to the ongoing level of asset expansion and upgrade works outside of subdivision developments being undertaken. Unlike road upgrades, (which often involve altering an existing network element), path upgrades are almost always the result of construction of completely new network elements where none had previously existed. As a result, Network Upgrades for path networks do not usually involve areas which can be counted towards the Sustainability Ratio. The upgrade costs have therefore been excluded entirely from the estimate of the renewal value of capital projects in the presentation below. It is envisioned that the rate of asset expansion outside of subdivisions will reduce over time as ‘missing links’ are filled in and the implementation of works identified in the Shire’s Bike Plan (May 2016) is completed.


Sustainability Ratio

Year

Total Program

Cost ($k)

Renewal Costs

($k)

Upgrad

e or

Expan

sion Costs

($k)

Renewal &

Replacement

Expenditure($k)

Depreciation($k)

Sustainab

ility

Ratio

(Renewal &

Rl

t

2018/19 $226 $58 $165 $58 $298 0.19

2019/20 $374 $183 $189 $183 $298 0.61

2020/21 $334 $95 $239 $95 $298 0.32

2021/22 $345 $42 $290 $42 $298 0.14

2022/23 $348 $64 $348 $64 $298 0.21

STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Leadership Experience, ‘Open, transparent and effective good governance.’ Strategic Objective: 1.3 Creating a more connected community. The community Experience ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit.’ Strategic Objectives: 2.1 Council Works in partnership with the community in providing appropriate services and

facilities.’ 2.4 Community safety is recognised as paramount. The Economic Experience, ‘Responsible and progressive local economic development.’ Strategic Objective: 3.5 Activities, new business and developments are encouraged. The Infrastructure Experience, ‘To ensure safe, sustainable and efficient infrastructure and transport networks. Strategic Objectives: 5.4 Community needs a safe and efficient transport network including public transport. 5.5 Locals are able to ‘age in place’. CONSULTATION There has been ongoing consultation with a variety of interested stakeholders including:

Councillors and Executive; Management and staff; Residents at the January 2017 Annual Electors Meeting; Developers, Consultants and contractors; Customer requests for footpath and ramp works; Community consultation groups under the Age Friendly Communities Plan; Department of Transport under the Draft Bunbury Wellington Regional Cycling Strategy; Main Roads WA Strategic community plan public workshops in 2016/17; and Greater Bunbury Bicycle Plan Working Group led by the South West Development

Commission.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 71 COMMENT The Program of Works – Paths (2018/19 – 2022/23) continues work in accordance with Council Decision OC0405. The program establishes a platform for preserving the asset now, and development of the paths network for the future. Minor Changes have been made to the staging of projects over the 5 year program to accommodate higher than previously anticipated rates for replacement of asphalt paths. Adjustment to the staging of asphalt path replacement projects on South Western Highway over 2018/19 and 2019/20 has been made to allow development proposals to mature further prior to path works front the lots, this revised staging also improves the continuity of improved path into the town from the existing concrete path. Council decision OC0405 endorsed the use of asphalt as a sacrificial/holding treatment for projects where the area is identified for future main street works. Since then it has become apparent asphalt may not be as cost effective as previously expected for smaller projects or where the project requires asphalt to be laid in stages to manage access to properties, increasing standby of machinery and thereby reducing efficiency. Costs of asphalt and concrete for 2017/18 renewal projects in Capel have shown replacement costs with asphalt are approximately 30% higher than that of concrete, in response to this; costs for projects requiring asphalt renewal have been adjusted with contract rates received for similar projects. Asphalt path renewal projects in 2018/19 will be reinstated with grey concrete. Sections of path replacement in the commercial zone or South Western Highway, Boyanup have been allocated additional budget to include infill of the narrow vere section between the path and the kerb to improve the visual amenity of the main street, especcially where owners are parking adjacent to the kerb. Asphalt provides a smoother, more enjoyable surface for cyclists and the Shire should continue to consider asphalt for future strategic cycling routes where it proves to be a cost effective option. To be more cost effective larger projects are required where long continuous stretches of asphalt are laid, such as the longer principal shared cycling routes. Previous works programs have made excellent progress on implementing the recommendations within the 2013-2018 Path Strategy Report and this five year program of works attempts to continue to strike a balance between renewal of degraded infrastructure while addressing missing links within the network. VOTING REQUIREMENTS Simple majority OC0319 OFFICER’S RECOMMENDATION – 14.6/COUNCIL DECISION Moved Cr J Scott, seconded Cr McCleery That Council:

1. Endorse the Program of Works – Paths (2018/19 – 2022/23); and

2. Allocates $226,106 in the draft 2018/19 Budget for the Paths capital program.

Carried 6/1 Cr Southwell requested his vote against the motion be recorded. Cr Kitchen and Cr Hearne returned to the meeting at 6:55pm.


OC0320 (14.7) Playground Shade Sail Program

Location: Whole of Shire Applicant: Shire of Capel File Reference: NDOC 9686 Disclosure of Interest: Nil Date: 07.03.18 Author: Manager Operations, S Faber Senior Officer: Manager Engineering and Development Services, J Gick Attachments: 1. Playground Shade Evaluation, March 2018 2. 10 Year Shade Sail Program IN BRIEF The 10 Year Shade Sail Program looks to provide shade to the Shire’s playgrounds located within Public Open Space (POS) and at Shire buildings. The program has been developed and prioritised utilising the Playground Shade Sail Evaluation, Shade Priority Checklist. The evaluation and priority setting has been subject to some internal review. RECOMMENDATION That Council endorses the 10 Year Playground Shade Sail Program as attached, it be included as part of the Long Term Financial Plan 2019-2034 workshop discussion in late 2018. BACKGROUND / PROPOSAL Background Health Services and Engineering Services collaborated to conduct an investigation in 2012 into shade covering available for all of the Shire’s playgrounds. The investigation looked at the effectiveness of any existing shade coverage. From that investigation, Health Services developed the Playground Shade Evaluation document. April 2012, (OCO404) Council adopted Policy 17.3 Shade & Sunsmart Policy. The Policy was designed to provide guidance to Council to reduce community exposure to ultraviolet (UV) radiation through the provision of safe and attractive open spaces. This includes the provision of sustainable shade in appropriate locations. January 2014 EMT reviewed the Shire of Capel Playground Shade Evaluation document. At the time of the 2012 investigation, Health Services put forward seven priority playgrounds to consider for shade sails. Council in 2014/15, 2016/17 and 2017/18 Financial Budgets allocated funding through a combination of external funding opportunities and Council allocated funds to facilitate the installation of shade sails at four playgrounds in Dalyellup at the following locations:

Murtin Park POS Northern Lake POS (two locations) Daablone Vista POS

Before the above installations, shade sails were installed at the Capel, Boyanup and Dalyellup Playgroups. As part of development in Dalyellup the Satterley Property Group have installed two shade sails at Starlight, South Park and Ferndale Parks POS.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 73 February 2016 EMT considered an application through the Regional Grant Scheme/ Community Chest Fund to facilitate the installation of Shade Sails at 8 of the Shire’s playgrounds. Funding was secured through the grant application for Shade Sails. Those funds have been expended through the 2016/17 and 2017/18 Financial Year Budgets. Operations Services has reviewed, and re-evaluated, the Shire’s playground shade rating and usage in December 2017, with a view to produce a prioritised shade sail program for all of the Shire’s playgrounds for funding consideration. Proposal The draft 10 Year Shade Sail Program is presented to Council for consideration. STATUTORY ENVIRONMENT Local Government Act 1995 Section 5.56. Planning for the future (1) A local government is to plan for the future of the district. (2) A local government is to ensure that plans made under subsection (1) are in accordance

with any regulations made about planning for the future of the district. POLICY IMPLICATIONS Council Policy 2.33: Asset Management Policy, applies Council Policy 5.3: Shade & Sunsmart Policy, applies Council Policy 2.8: Purchasing, applies. Council Policy 2.9: Budget Management – Capital Acquisition and Works, applies. RISK IMPLICATIONS Medium – By providing shade to the Shire’s playgrounds, it reduces the Shires and user’s risk of exposure to UV radiation. However, the program cannot be delivered in one year, requiring staging over 10 years. FINANCIAL IMPLICATIONS Budget The 2017/18 budget has an allocation of $43,492 for play ground shade sails. Long Term The 10 Year Shade Sail Program identifies a total expenditure of $368,793 to deliver the plan. There will also be a requirement in the future to develop an ongoing replacement program for the sails. Consultation with one of the contractors who has provide shade sails to the Shire has indicated that the average life of a sail if maintained well is around 15 years. The replacement program would provide for the sail replacement only as the lifespan of the poles is expected to be significantly longer. Maintaining the Shade Sails in good order requires ongoing budget allocation through the Shire’s Operational budget, currently that cost between $500-800 per sail per annum. This allocation covers the annual installation and removal (over the winter storm period) and to fund any repairs. It is estimated at the time of completion of the program $28,000-$30,000 will be required in the Shire’s Operational Budget to maintain the shade sails per annum.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 74 SUSTAINABILITY IMPLICATIONS Providing Shade Sails to the Shire’s playgrounds uses less material than an actual solid structure to provide shade, and requires little structure or foundations compared to structures that require foundations and framework to support a solid structure. Sail components are recyclable. The poles are made from steel, which is 100% recyclable. Scraps from many kinds of sails can be recycled to make other goods such as plastic bottles, compost, wheelie bins and even outdoor furniture. Shade Sails provide protection to the community through reduced exposure to UV radiation. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Leadership Experience, ‘Open, transparent, and effective good governance.’ Strategic Objective: 1.6 Council is effective and efficient in the financial management stewardship of community

assets. The Community Experience, ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit.’ Strategic Objectives: 2.1 Council work in partership with the community in providing appropriate services and

facilities. 2.4 Community safety is recognised as paramount. The Infrastructure Experience, ‘To ensure safe, sustainable and efficient infrastructure and transport networks.’ 5.2 As a community, we work to ensure our ongoing enjoyment of our quality of life. CONSULTATION Shire staff have communicated with the Shire’s playground users who have requested shade sails through the Shire’s Customer Service Request process. COMMENT The 10 Year Shade Sail Program introduces a prioritised program of works for the installation of shade sails over the Shire’s playgrounds. It is a balanced plan, designed to provide UV protection to users of the Shire’s playgrounds. The provision of shade in playground areas has an increasing priority and importance as Australia has the highest rate of skin cancer in the world, with Western Australia second only to Queensland (AIHW, 2008). At least two in every three Australians will be diagnosed with skin cancer before the age of 70 (Staples et al 2006). Skin cancer is usually caused by overexposure to ultraviolet (UV) radiation from the sun. Shade provides good protection from the sun and it can be easy for people to use. Most forms of shade can reduce UV exposure by up to 75% (Parsons et al. 1998). When used in conjunction with other protective measures, such as sun-protective clothing, hats, sunglasses and sunscreen, shade can be the best route to maximum UV radiation protection. The provision

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 75 of shade has also been identified as an important component in the design and creation of safe and healthy communities (National Heart Foundation of Australia 2004). VOTING REQUIREMENTS Simple majority OC0320 OFFICER RECCOMENDATION – 14.7/COUNCIL MOTION Moved Cr J Scott, Seconded Cr Schiano That Council endorses the 10 Year Playground Shade Sail Program as attached, it be included as part of the Long Term Financial Plan 2019-2034 workshop discussion in late 2018. OC0321 AMENDMENT Moved Cr Kitchen, Seconded Cr Southwell That Council Endorses the 10 Year Playground Shade Sail Program as attached, it be included as part of the Long Term Financial Plan 2019-2034 workshop discussion in late 2018 and that the Gelorup Community Centre and Boyanup Recreation Grounds playground shade sails be moved into priority 4 and 5 of the Shade Sail Program list with the subsequent priorities being re-numbered.

The Amendment was Carried 9/0 The Amendment then became the Motion and was Carried 9/0

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 76 Mr Jason Gick declared a Finanial Interest in Item 14.8 10 Year Plant Program Renewal Program (2018-2028). The nature of his interest is vehicle 70CP is allocated to him for full private use under conditions of employment. Mr Shane Faber declared an Interest in Item 14.8 10 Year Plant Program Rewnewal Program (2018-2028). The nature of his interest is he gets use of the vehicle for restricted private use.

OC0322 (14.8) 10 Year Plant Renewal Program (2018 - 2028)

Location: Shire of Capel Applicant: Shire of Capel File Reference: FL.AC.1 Disclosure of Interest: I (Shane Faber) wish to declare a financial interest as I am the recipiant

of a vehicle for work and private use under the program. Date: 07.03.18 Author: Manager Operations, S Faber Senior Officer: Executive Manager Engineering & Development Services, J Gick Attachments: 10 Year Plant Renewal Program (2018 - 28) IN BRIEF The 10 Year Plant Renewal Program (2018 - 2028) adopted by Council in 2017 has been built upon and modified, to reflect the current renewal demand of the plant and vehicle fleet. The program has been subject to some internal review and assessment of funds to deliver the program. RECOMMENDATION That Council: 1. Endorses the 10 Year Plant Renewal Program (2018 – 2028) as attached; and

2. Allocates $230,278 in the draft 2018/19 Budget for renewal of Council’s plant and

vehicle fleet. BACKGROUND / PROPOSAL Background Council considers annually the 10 Year Plant Renewal Program with a view to allocate funds in the draft annual budget, to allow for the implementation of the first year of the Plant Renewal Program. 22 March 2017 (OC0304) – Council endorsed the 10 Year Plant Renewal Program (2018-2027) and allocated $596,777 in the draft 2017/18 Budget. Proposal The draft 10 Year Plant Renewal Program (2018 – 2028) is presented to Council for consideration and adoption as required under the Local Government Act 1995 s5.56. STATUTORY ENVIRONMENT Local Government Act 1995.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 77 Section 5.56. Planning for the future (1) A local government is to plan for the future of the district. (2) A local government is to ensure that plans made under subsection (1) are in accordance

with any regulations made about planning for the future of the district. POLICY IMPLICATIONS Council Policy 2.33: Asset Management applies. Council Policy 7.4: Fleet and Plant, applies. Council Policy 2.8: Purchasing, applies. Council Policy 2.9: Budget Management – Capital Acquisition and Works, applies. RISK IMPLICATIONS Low – By providing, an efficient and current fleet allows Shire staff to provide an efficient and consistent provision of Shire services to the community. FINANCIAL IMPLICATIONS Budget The following table provides a summary of the budget and funding arrangements proposed for the 2018/19 Plant Renewal Program:

Item Description $ LTFP $ Variance $

2018/19 Expenditure

Plant & Machinery Asset renewal 290,000 Passenger Vehicles Asset renewal 184,000 Light Commercials Asset renewal 202,500 Proposed 2018/19 Program

Total expenditure

676,500 773,330 (96,830)

2018/19 Proceeds from Sales

Plant & Machinery Assumed sale value

(80,000)

Passenger Vehicles Assumed sale value

(81,292)

Light Commercials Assumed sale value

(111,600)

Proposed 2018/19 Program

Total sales (272,892) (235,536) 37,356

2018/19 Budget Arrangements

Proposed 2018/19 Program of Works

Total expenditure

676,500 773,330 (96,830)

Anticipated 2018/19 sale proceeds

Total sales (272,892) (235,536) 37,356

Plant Reserve transfer Maintain existing LTFP allocation

(173,330) (173,330) 0

General purpose revenue Balance proposed program

(230,278)* (364,536) (134,258)

*Assumed General Purpose Revenue Contribution based on the adopted long-term financial plan.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 78 The draft 2018/19 budget arrangements, as tabled above, indicates a $364,536 contribution from 2018/19 General Purpose Revenue is required. Long Term The 10 Year Plant Renewal Program (2018/19 - 2027/28) identifies a total expenditure of $6,095,308 over 10 years, and assumes an income of $2,743,870 in disposal of plant and vehicles. The forward projections are based on current cost rates and currency, so do not provide any assumptions about changes in plant and vehicle acquisition and disposal costs. These need to be reviewed annually to inform and update the Plan to reflect contemporary plant and vehicle costs. Plant and vehicle renewal frequencies have been considered based on current utilisation and projected turnover targets of:

light vehicle 80,000 km or 3 years trucks 150,000 km or 8 years heavy plant 8,000 – 10,000 hours (typical) out-front mowers 2 years.

SUSTAINABILITY IMPLICATIONS Council Policy 7.4 Fleet & Plant requires all vehicles to have an ANCAP rating of four stars or better, and to try to achieve fuel consumption rating of less than 10 litres per 100km. Purchasing suitable plant introduces project work efficiencies that benefit the Shire and the community. A modern plant and vehicle fleet also improves driver and operator safety. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Leadership Experience, ‘Open, transparent, and effective good governance.’ Strategic Objective: 1.6 Council is effective and efficient in the financial management stewardship of community

assets.’ CONSULTATION The 10 Year Plant Renewal Program (2018/19 to 2027/28) was prepared by the Manager Operations, who consulted with Managers, Supervisors, Plant Operators, vehicle operators and Executive to ensure the Program catered for known demands and plant utilisation trends. The Manager Operations consulted with Finance to ensure the financial parameters around the proposed program are generally consistent with the draft 2018/19 Budget, the Long Term Financial Plan and the previously adopted 10 Year Plant Replacement Plan (2017/18 to 2026/27). COMMENT The 10 Year Plant Renewal Program (2018/19 – 2027/28) introduces one new item of plant in the 2018/19 proposed 10 Year Plant Renewal Program. A proposed trailer will be dedicated to the Shire’s Parks and Gardens team for an estimated cost of $10,000. It is the intent to purchase a new dual axle (8x5) trailer, fitted with a steel framed lockable enclosure. This style of trailer will allow the gardening team to keep the gardening round plant and tools within the trailer rather than the current situation where plant and tools have to be loaded and unloaded at the start and end of each day.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 79 This purchase will bring production efficiencies in the gardening round. It is calculated that the two man gardening round team will gain approximately one hour per day where gardening activities can be carried out rather than 1 hour of loading and unloading the plant and tools each day to keep them secured. This purchase has little effect on the overall budget. It is a balanced plan, designed to maintain a modern, safe and efficient vehicle fleet and to equip the Shire with contemporary and safe plant for works. The Engineering and Development Services division propose to undertake a review of the Shire’s Plant and vehicle purchasing best value. This review will consider the current change over frequencies on passenger, light commercial vehicles and heavy plant. Investigate alternate options available to the purchasing team, including leasing and purchasing of hybrid vehicles where appropriate. A report is expected to be presented to Council with these findings prior to the 2019/2020 10 Year Plant Renewal Program. VOTING REQUIREMENTS Simple majority OC0322 OFFICER’S RECOMMENDATIONS – 14.8/COUNCIL DECISION Moved Cr McCleery, Seconded Cr Hearne That Council: 1. Endorses the 10 Year Plant Renewal Program (2017/18 – 2026/27) as attached;

and 2. Allocates $230,278 in the draft 2018/19 Budget for renewal of Council’s plant

and vehicle fleet. Carried 9/0

Two members of public left the meeting at 7.09pm.


OC0323 (14.9) Extension of Kerbside Waste Collection and Bin Supply and Maintenance Contracts

Location: Whole of Shire Applicant: Shire of Capel File Reference: 4/60/11 Disclosure of Interest: Nil Date: 06.03.18 Author: Principal Environmental Health Officer, M Chadwick Senior Officer: Executive Manager Engineering and Development Services, J Gick Attachments: Contract – Confidential IN BRIEF This agenda items seeks Council’s approval to extend the expiring Kerbside Collection and the Bin Supply and Maintenance contracts between the Shire and Cleanaway Pty Ltd for a period of five years, based on its satisfactory performance and value for money. RECOMMENDATION That Council authorise the CEO to effect the Extended Period options for the provision of Kerbside Collection and the Bin Supply and Maintenance contracts between the Shire of Capel and Cleanaway Pty Ltd for the fixed five-year period commencing 1 July 2018 and ending 30 June 2023. BACKGROUND / PROPOSAL Background The Shire’s contract with Cleanaway Pty Ltd was enacted through a deed of novation executed on 28 September 2016, following its takeover of Jenesti Pty Ltd trading as Warren Blackwood Waste, who was originally awarded the Kerbside Collection and the Bin Supply and Maintenance contracts with the Shire in 2013. This contract is due to expire 30 June 2018 and in accordance with Council Resolution OC0424 (point 4) that an extension option is “exercisable at the absolute discretion of the Principal and subject to the satisfactory performance of contract conditions”. Following is an extract from Councils decision at its ordinary meeting held on 17 April 2013 regarding the contract. Extract from Minutes of Ordinary Council Meeting 17 April 2013: OC0424 OFFICER’S RECOMMENDATION/COUNCIL MOTION Moved Cr Bell, Seconded Cr McCleery That Council: 1. receives the Recommendation Report as provided by WALGA and endorses Scenario 2 of

the Recommendation Report as Council’s preferred option; 2. enters into the following contracts with Warren Blackwood Waste for the:

Ad-hoc Provision and Maintenance of bins; Collection Services (Waste, Recycling and Organics);

3. Defers making a decision on the provision of Recycling Processing Services pending

further consultation with WALGA and member Councils of the WWWG;

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 81 4. commences the Contracts effective from the 1st July 2013 for a period of five (5) years

with a further five (5) year extension options, exercisable at the absolute discretion of the Principal and subject to the satisfactory performance of contract conditions;

5. requests the WALGA Preferred Supplier Panel negotiate a purchase price for the existing

Waste Bins and Recycling Bins with the respective owners and present the cost to Council at the earliest possible opportunity;

6. charges residents a one-off fee for the purchase of new organic bins; 7. joins the Shire of Dardanup in requesting the WALGA Preferred Supplier Panel negotiate

a suitable landfill facility for the receival of Municipal Solid Waste for a period of three (3) years with a two (2) year option.

OC0425 AMENDMENT Moved Cr Gibson, Seconded Cr Hearne That Council: 1. receives the Recommendation Report as provided by WALGA and endorses Scenario 2 of

the Recommendation Report as Council’s preferred option; 2. enters into the following contracts with Warren Blackwood Waste for the:

Ad-hoc Provision and Maintenance of bins; Collection Services (Waste, Recycling and Organics);

3. Defers making a decision on the provision of Recycling Processing Services pending further

consultation with WALGA and member Councils of the WWWG; 4. commences the Contracts effective from the 1st July 2013 for a period of five (5) years with

a further five (5) year extension options, exercisable at the absolute discretion of the Principal and subject to the satisfactory performance of contract conditions;

5. requests the WALGA Preferred Supplier Panel negotiate a purchase price for the existing

Waste Bins and Recycling Bins with the respective owners and present the cost to Council at the earliest possible opportunity;

6. joins the Shire of Dardanup in requesting the WALGA Preferred Supplier Panel negotiate a

suitable landfill facility for the receival of Municipal Solid Waste for a period of three (3) years with a two (2) year option.

The six members of the Wellington Waste Management Working Group (WWMWG) including City of Bunbury and the Shires of Capel, Harvey, Collie, Donnybrook-Balingup and Dardanup, convene regularly to discuss elements of the regional waste strategy including issues regarding kerbside waste collection and bin supply and maintenance services. More recently the WWMWG has met to collectively consider individual intentions regarding their identical Kerbside Collection and the Bin Supply and Maintenance Contracts. In January 2018 the WWMWG members unanimously determined that the current contractor offers the best value for money and has met satisfactory performance conditions over the duration of the contracted period. In 2017 there were 11 records regarding concerns with bin collections, which were all actioned and resolved satisfactorily by the contractor. There were also 10 customer service complaints recorded since 2016 regarding missed bin collections. Since 2016, 330 bins either required replacement or repairs due to damage, being stolen or wear and tear. In general the life expectancy of a mobile garbage bin is approximately 10 years.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 82 The contractor currently has approximately 100 remaining second hand bins available from the Better Bins Program - Recycle Right in Capel Project, to replace any damaged bins when needed. It is anticipated that all contract Principals will continue to use Cleanaway Pty Ltd as their Kerbside Collection and the Bin Supply and Maintenance services provider for an extended five year period until end of June 2023. Proposal It is proposed that based on the satisfactory performance that the Council directs the CEO to execute an extension of five years term with Transpacific Cleanaway Pty Ltd for Kerbside Collection and the Bin Supply and Maintenance Services. STATUTORY ENVIRONMENT The Shire provides kerbside waste collection services in accordance with the Waste Avoidance and Resource Recovery Act 2007. “waste service means — (a) the collection, transport, storage, treatment, processing, sorting, recycling or disposal of waste; or (b) the provision of receptacles for the temporary deposit of waste; or (c) the provision and management of waste facilities, machinery for the disposal of waste and processes for dealing with waste; “s 50. Provision of waste services (1) Subject to this Act and the EP Act, a local government may provide, or enter into a contract for the provision on its behalf of, waste services. (2) A local government does not require a waste collection permit or an EP authorisation to collect or transport local government waste but is otherwise subject to the provisions of the EP Act.” POLICY IMPLICATIONS Council Policy 2.8 Purchasing is relevant to this agenda item as it “outlines the matters relating to legislation, risk management, sustainability, competition, value for money, fairness, equity, accountability, integrity and authority that Council officers must comply with when purchasing goods and services on behalf of Council.” The original contract went through a formal tender process and thereby the Council Policy 2.8 Purchasing will have already been complied with. The proposal is to extend the current contract as it is and apply only CPI of the pricing schedule for the service to be provided which has previously been determined as being best value for money. RISK IMPLICATIONS The service must continue in one form or another. The risk of calling a new tender is that there may be a discontinuity of service. Therefore the risk implication is high, if Council is to not consider a new contract extension as the existing contract is considered value for money and there is a real risk that significant cost increases and delay would likely occur if a timely decision is not made before the end of the contracted period. The risk implication is considered low, if Council is to consider extending the existing contract as the value of the contract can then be readily forecasted and accommodated within the next five year budget estimates. The current kerbside waste services contractor is also well known to the Shire and its service performance has been satisfactory to date, since taking over the contract from the previous service provider. This will also allow further time to call for new tenders before the end of the contract period and adjust to any significant changes in market conditions that may occur by that time.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 83 FINANCIAL IMPLICATIONS Budget The financial implication expected if the current contract is approved to be extended is an increase to the current budget for waste services to increase by the annual Consumer Price Index amount where applicable and growth of services. The current forecast costs for these waste services 2017/18 allocated in operating expenditure account number 1762 Refuse Collection, is $711,754. This forecast expenditure is offset in operating account number 1803 Charges – Refuse Removal with any surplus transferred to reserve funds account number 116910 Waste Management Reserve. Long Term The Shire of Capel Long Term Financial Plan 2017-2032 includes future collection costs within Community Amenities operating expenses. Waste Service contractor costs are increased by the expected future contractor cost increases plus the expected increased number of services due to growth. SUSTAINABILITY IMPLICATIONS Efficient, safe, responsible and affordable Kerbside Collection and the Bin Supply and Maintenance services is essential to both direct users as well as for the associated positive social, environmental and economic sustainability benefits that is created for residents, businesses and visitors to the Shire and meeting waste avoidance and recovery targets. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028 The Leadership Experience, ‘Open, transparent, and effective good governance.’ Strategic Objective: 1.6 Council is effective and efficient in the financial management stewardship of community

assets. The Community Experience, ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit.’ Strategic Objective: 2.1 Council works in partnership with the community in providing appropriate services and

facilities. The Environmental Experience, ‘Preserve and enhance the natural and built environment.’ Strategic Objective: 4.3 As a community we come together to respond to environmental challenges and risks. The Infrastructure Experience, ‘To ensure safe, sustainable and efficient infrastructure and transport networks.’ Strategic Objective: 5.2 As a community, we work to ensure our ongoing enjoyment of our quality of life. Appropriate arrangements for a reliable and cost effective Kerbside Collection and the Bin Supply and Maintenance services is essential to ensuring effective management of Councils resources to meet the needs of the community.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 84 CONSULTATION Internal consultation has occurred with the Executive Manager Engineering and Development Services, Manager Finance, Manager Building and Health, Manager of Operations and Principal Environmental Health Officer. External consultation has occurred between the six members of the Local Governments making up the Wellington Regional Group of Councils and informal communication has occurred with the Southwest Branch Manager, Cleanaway Pty Ltd. COMMENT The existing Kerbside Collection and the Bin Supply and Maintenance contracts are due to expire on 30 June 2018. It is essential that these services continue into the future. It is proposed that the Shire exercise an extension to the contract as per Council’s decision at the Ordinary Council Meeting 17 April 2013 (OC0425). Prior to the expiry of the contract extension it is expected that new tenders will be sought to ensure that any significant market changes are taken advantage of and future purchasing will continue in line with the Council Policy 2.8 Purchasing. It is not proposed to call for new tenders at this time as all six Wellington Waste Management Working Group Council members have indicated that; in their opinion, the existing contracts provide best value for money and satisfactory performance with conditions has been met by the current contractor Cleanaway Pty Ltd. VOTING REQUIREMENTS Simple majority OC0323 OFFICER’S RECOMMENDATION – 14.9/COUNCIL DECISION Moved Cr J Scott, Seconded Cr Bell That Council authorises the CEO to effect the Extended Period options for the provision of Kerbside Collection and the Bin Supply and Maintenance contracts between the Shire of Capel and Cleanaway Pty Ltd for the fixed five-year period commencing 1 July 2018 and ending 30 June 2023.

Carried 8/1 One visitor left the meeting at 7.15pm. Mr Chadwick left the meeting at 7.16pm and did not return.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 85 CORPORATE SERVICES REPORTS

OC0324 (15.1) Audit Committee Minutes

Location: Whole of Shire Applicant: Shire of Capel File Reference: N/A Disclosure of Interest: Nil Date: 06.03.18 Author: Governance Officer, A Handley Senior Officer: Executive Manager Corporate Services, S Stevenson Attachments: 1. Minutes of the Audit Committee Meeting 28 February 2018 2. Compliance Audit Return 2017 IN BRIEF The 2017 Compliance Audit Return and Minutes of the Audit Committee meeting of 28 February 2018 are attached for Council consideration and endorsement. RECOMMENDATION That Council receives the Minutes of the Audit Committee meeting held on 28 February 2018 and adopts the Committee’s recommendations:

AC0202 Council accepts Progress Report 10 generated in response to the second (April 2016) AMD Regulation 17 Report on the appropriateness and effectiveness of Council’s risk management, internal controls and legislative compliance. AC0203 Council accepts Progress Report 5 regarding the Shire of Capel Risk Register. AC0204 Council accepts the Better Practice Review Action Plan Progress Report 2. AC0205 Council acknowledges that the Audit Committee is satisfied with staff explanations and ongoing actions taken in response to the findings of the 2016 Financial Management System Review. AC0206 Council adopts the 2017 Compliance Audit Return as the official Council return for the period 1 January 2017 to 31 December 2017.

BACKGROUND / PROPOSAL Background Changes to the Local Government Act 1995 (the Act) that were enacted in 2005 required that Council establish an Audit Committee. The delegation of powers and duties to the Audit Committee was agreed to by Council at the meeting of 28 September 2005 (OC0926). Proposal Council to receive and endorse the 2017 Compliance Audit Return and the minutes of the Audit Committee held on 28 February 2018.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 86 STATUTORY ENVIRONMENT Local Government Act 1995, s5.22 5.22 Minutes of council and committee meetings

(2) The minutes of a meeting of a council or a committee are to be submitted to the next ordinary meeting of the council or the committee, as the case requires, for confirmation.

7.1A Audit Committee (1) A local government is to establish an audit committee 7.13 Regulations as to audits

(1) (i) Regulations may make provision requiring local governments to carry out, in the prescribed manner and in a form approved by the Minister, an audit of compliance.

Local Government (Audit) Regulations 1996 14 Compliance audits by local governments (1) A local government is to carry out a compliance audit for the period 1 January to 31

December in each year. (2) After carrying out a compliance audit the local government is to prepare a compliance

audit return in a form approved by the Minister. (3A)The local government’s audit committee is to review the compliance audit return and

is to report to the council the results of that review. (3) After the audit committee has reported to the council under subregulation (3A), the

compliance audit return is to be – (a) presented to the council at a meeting of the council; and (b) adopted by the council; and (c) recorded in the minutes of the meeting at which it is adopted. 16. Audit Committee, functions of an audit committee —

(a) is to provide guidance and assistance to the local government — (i) as to the carrying out of its functions in relation to audits carried out under Part 7

of the Act; and (ii) as to the development of a process to be used to select and appoint a person to

be an auditor; and (b) may provide guidance and assistance to the local government as to —

(i) matters to be audited; and (ii) the scope of audits; and (iii) its functions under Part 6 of the Act; and (iv) the carrying out of its functions relating to other audits and other matters related

to financial management; and (c) is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report)

and is to — (i) report to the council the results of that review; and (ii) give a copy of the CEO’s report to the council.

17. CEO to review certain systems and procedures

(1) The CEO is to review the appropriateness and effectiveness of a local government’s systems and procedures in relation to — (a) risk management; (b) internal control; and (c) legislative compliance.

(2) The review may relate to any or all of the matters referred to in subregulation (1)(a), (b) and (c), but each of those matters is to be the subject of a review at least once every 2 calendar years.

(3) The CEO is to report to the audit committee the results of that review.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 87 POLICY IMPLICATIONS There are no policy implications with this item. FINANCIAL IMPLICATIONS Budget There are no budget implications associated with the Compliance Audit Return and the Regulation 17, Risk Register and Best Practice Progress Reports. All have been completed using existing staff resources. There could potentially be some expenditure resulting from implementation of minor procedural changes following the Financial Management System Review. Long Term There are no long term financial implications associated with this matter. SUSTAINABILITY IMPLICATIONS Continued legislative compliance and a reduction in exposure to risk have a positive impact on the long term business and operational sustainability of the Shire of Capel. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028. The Leadership Experience, ‘Open, transparent, and effective good governance.’ Strategic Objective: 1.6 Council is effective and efficient in the financial management stewardship of community

assets. CONSULTATION A number of staff had input into the Compliance Audit Return and development of the Regulation 17 Progress Report. Executive Managers, Managers and Coordinators have all contributed to the construction of the Risk Register and implementing changes resulting from the Financial Management System and Best Practice Reviews. COMMENT At its February 2018 meeting the Audit Committee received a comprehensive briefing on the effectiveness and appropriateness of a broad range of legislative compliance, risk management, internal control, best practice and financial management issues. Regulation 17 An amendment to the Local Government (Audit) Regulations 1996 (regulation 17) was gazetted on 8 February 2013 which extended the role of the Audit Committee to include a regular review of the effectiveness of local government systems concerning:

Risk management; Internal control; and Legislative compliance.

Local government Chief Executive Officers (CEOs) are now required to report information every 2 years that allows the Audit Committee to undertake this review.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 88 Council adopted the Audit Committee recommendation (OC0715) at the 16 July 2014 Council meeting “that an external audit firm be engaged to undertake an independent review of the appropriateness and effectiveness of Council’s risk management, internal controls and legislative compliance by 30 November 2014”. AMD was appointed to conduct the review and their first Regulation 17 Audit Report was provided on 12 November 2014. An Action Plan was developed by officers to ensure that the various issues raised were addressed before the next AMD report, due in December 2016. A second AMD audit in April 2016 identified some minor items which were added to the outstanding items remaining in the Action Plan. The Audit Committee receives a regular progress report on management of elements in the Action Plan. Risk register The AMD Regulation 17 audit identified a number of areas requiring improvement, and one of the recommendations was that the Shire develop a Risk Management Governance Framework that encompassed a Policy, Procedures and a Risk Register. The Auditors suggested that ‘Risk Management’ be introduced as a standing item in the Audit Committee Agenda to allow the Committee to monitor risk on a regular and consistent basis. LGIS (Local Government Insurance Services) was commissioned in 2015 to conduct a workshop during which a Risk Management Framework was developed. The Framework incorporates a policy and set of procedures, fifteen identified risk ‘themes’ and provides the tools to identify, assess, manage and record risk in the theme areas. The Audit Committee now receives a regular report on the development of the Risk Register. Better Practice Review In 2016, the (then) Department of Local Government and Communities conducted a Better Practice Review (BPR) at the Shire of Capel. The Program was designed to acknowledge areas of better practice whilst encouraging improvement in the way local governments conduct their activities to ensure good governance and improved capacity of the local government sector. The Department provided a Report that identified areas where the Shire of Capel was demonstrating better practice, and provided constructive feedback on addressing areas for further development in an Action Plan attached to the Report. At its June 2017 meeting (OC0606) Council requested that the Audit Committee be provided with regular reports on officer progress in addressing items listed in the Action Plan. Financial Management System Review In April 2016 AMD Chartered Accountants reviewed Shire of Capel financial management systems. The resulting audit report found that over all, operating procedures and financial systems were adequate however there were a number of recommendations to the Shire suggesting minor changes to operating procedures. Compliance Audit Return The Compliance Audit Return is one of the tools that allow Council to monitor how the organisation is functioning in regards to compliance with the Local Government Act 1995. This year’s return again places emphasis on the need to bring to the attention of Council any cases of non or partial compliance. There were no areas of non-compliance in 2017. After the Compliance Audit Return has been presented to Council, a certified copy of the Return along with a copy of the relevant section of the Minutes and any additional information explaining or qualifying the Compliance Audit must be submitted to the Department of Local Government, Sport and Cultural Industries. Whilst most of the reports received by the Audit Committee at its February meeting were progress reports describing ongoing activities resulting from various audits, the Compliance Audit Return is of particular significance as it provides an annual snapshot of compliance with the most significant requirements of the Local Government Act 1995.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 89 VOTING REQUIREMENTS Simple majority OC0324 OFFICER’S RECOMMENDATIONS – 15.1/COUNCIL DECISION Moved Cr Hearne, Seconded Cr Kitchen That Council receives the Minutes of the Audit Committee meeting held on 28 February 2018 and adopts the Committee’s recommendations:

AC0202 Council accept Progress Report 10 generated in response to the second (April 2016) AMD Regulation 17 Report on the appropriateness and effectiveness of Council’s risk management, internal controls and legislative compliance. AC0203 Council accept Progress Report 5 regarding the Shire of Capel Risk Register. AC0204 Council accept the Better Practice Review Action Plan Progress Report 2. AC0205 Council acknowledge that the Audit Committee is satisfied with staff explanations and ongoing actions taken in response to the findings of the 2016 Financial Management System Review. AC0206 Council adopts the 2017 Compliance Audit Return as the official Council return for the period 1 January 2017 to 31 December 2017.

Carried 9/0


OC0325 (15.2) Delegations Register

Location: Whole of Shire Applicant: Shire of Capel File Reference: Nil Disclosure of Interest: Nil Date: 07.03.18 Author: Governance Officer, A Handley Senior Officer: Executive Manager Corporate Services, S Stevenson Attachments: Delegations Register – altered pages only IN BRIEF

The Shire of Capel has a number of delegations in place from Council to the Chief Executive Officer (CEO), other officers and the Audit Committee.

A number of Acts, including the Local Government Act 1995 require a local government to review delegations annually.

RECOMMENDATIONS That Council endorses the suggested changes to the Delegations Register as discussed in the Comments section (Items 1 – 7) of this item. BACKGROUND / PROPOSAL Background The process of delegation occurs when a person or body entrusts power and authority to a deputy. Many of the Acts that guide the conduct of local governments permit the delegation of power and duties of the Council to the CEO, who on occasion further delegates these powers and duties to other officers. In general, Council will delegate operational matters that occur regularly in the business of local government to the CEO in order to facilitate efficient management and allow Council to concentrate on matters of greater significance during meetings. The Local Government Act 1995, Dog Act 1976, Cat Act 2011 and the Planning and Development (Local Planning Schemes) Regulations 2015 all require local governments to conduct an annual review of any delegations made under those Acts. Proposal This item proposes that Council review, reaffirm, and amend delegations to the Chief Executive Officer (CEO), Other Officers/Persons and Committees made under the Local Government Act 1995 and various other Acts as discussed within this report. STATUTORY ENVIRONMENT Local Government Act 1995 s5.42. Delegation of some powers and duties to CEO (1) A local government may delegate* to the CEO the exercise of any of its powers or the

discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5).

* Absolute majority required

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 91 s5.45 Other matters relevant to delegations under this Division (1b) any decision to amend or revoke a delegation by a local government under this Division

is to be by an absolute majority. s5.46 Register of, and records relevant to, delegations to CEO & employees (1) The CEO is to keep a register of delegations made under this division to the CEO and

to employees. (2) At least once every financial year, delegations made under this Division are to be

reviewed by the delegator. Building Act 2011 s127 Delegation: special permit authorities and local governments (1) A special permit authority of a local government may delegate any of its powers or

duties as a permit authority under another provision of this Act. Bush Fires Act 1954 48. Delegation by local governments (1) A local government may, in writing, delegate to its chief executive officer the

performance of any of its functions under this Act. Cat Act 2011 44. Delegation by local government (1) The local government may delegate to its CEO the exercise of any of its powers or the

discharge of any of its duties under another provision of this Act. Cemeteries Act 1986 6. Local governments to perform functions of a Board

Where an order is made or is deemed to have been made under section 5 vesting the care, control and management of a cemetery in a local government, the local government shall, subject to this Act and to any necessary modifications, perform and be subject to the duties imposed on Boards under this Act and may exercise the powers conferred on Boards under this Act; and references in this Act to a Board or Boards shall be construed accordingly in relation to such a local government as the case may require.

Dog Act 1976 10AA. Delegation of local government powers and duties (1) A local government may, by absolute majority as defined in the Local Government Act

1995 section 1.4, delegate to its chief executive officer any power or duty of the local government under another provision of this Act.

Food Act 2008 117. CEO may delegate

(1) Subject to subsection (2), the CEO may delegate any power or duty of the CEO under another provision of this Act to — (a) a member of staff; (b) an authorised officer; (c) a local government; or (d) the holder of an office prescribed by the regulations.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 92 Shire of Capel Town Planning Scheme No. 7 8.11 Delegation

Clauses 8.11.1 – 8.11.6 are relevant. POLICY IMPLICATIONS There are no policy implications for this item. RISK IMPLICATIONS If the delegations are not reviewed appropriately, Council risks returning a negative finding in the Annual Compliance Return. FINANCIAL IMPLICATIONS Budget There are no financial implications for this matter. Long Term There are no long term financial implications relevant to this matter. SUSTAINABILITY IMPLICATIONS Delegations to staff facilitate Council addressing sustainability in a number of forums, and increase the efficiency and speed with which decisions are made. A number of Delegations allow staff to make decisions based on possible environmental impacts both positive and negative, such as collection of native seed, timber disposal, notice to owners and local laws. Delegations in relation to approving events on roads, waiving fees, swimming pool inspections and enforcing local laws have positive effects on the community. Delegations allowing for the approval of accounts for payment, timber disposal, extractive industries, determination of mining tenements and exploration licenses, without referral to Council can have a positive economic benefit in that they provide faster approvals for businesses and residents, and improved cash flow for Council. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Leadership Experience, ‘Ensure open, transparent, and effective good governance.’ Strategic Objective: 1.6 Council is effective and efficient in the financial management stewardship of community

assets. CONSULTATION There was consultation between the Governance Officer, Executive Managers and Managers on this matter. COMMENT This item proposes 5 changes to the Delegations Register and two new delegations, as detailed below. Attachment 1 comprises the altered pages of the Register (with the exception of pages relevant to items 1 and 2 below) with insertions in red and deleted text struck through.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 93 1. Throughout

All references to ‘Planning Consent’ have been replaced by the words ‘Development Approval’. This is more accurate and consistent with contemporary planning terminology. 2. Throughout

Any reference to the ‘Principal Building Surveyor’ has been replaced with the words ‘Building Surveyor’ as the Principal Building Surveyor position no longer exists. 3. Delegation 102

The current delegation allows approval of a (single) minor price variation, which infers that the CEO may approve only one variation per contract. In a project like the Capel Civic Precinct however, it would not be unusual to have multiple contract variations. In addition, the current delegation wording under ‘Conditions’ would in theory allow the CEO to approve a 50% variation on a $100,000 project, but only a 2.5% variation on a $2 million project. The recommended changes allow the CEO to approve more than one variation during a project and allow increased flexibility on larger projects whilst still capping any single variation to a maximum of $50,000. The total allowable accrued amount of variation that may be approved per contract is capped at $200,000. Variations over and above this sum must be approved by Council, unless they are for relatively small amounts of $5,000 or less, in which case the CEO may still approve them. A condition has been included requiring the CEO to inform Council when this delegation is exercised. In summary, the required changes are:

Convert the singular ‘a minor price variation’ to the plural ‘price variations’. Extend the definition of ‘minor price variation’ to include a sum of up to 20% of the

approved contract value. Remove the words ‘less than or equal to’ $50,000 and replace them with ‘up to’

$50,000. Cap the total amount of variation to be approved per contract under the delegation at

$200,000. Any further variation must be approved by Council, unless it is for $5,000 or less in which case the CEO may still approve it.

Require the CEO to report any use of Delegation 102 in the monthly Information Brochure.

4. Delegation 127

The current delegation allows the CEO to waive fees and charges or grant concessions. It is proposed that the ability to ‘write off’ small sums of money be added to the existing delegation. In addition, text implying that the delegation primarily concerns fees for facility hire should be removed. This increases the practicality and scope of the delegation and facilitates writing off small rates debts. 5. Delegation 130

The word ‘observed’ in the fourth line has been replaced with the words ‘complied with’. This reflects the intent more accurately. 6. Delegation 163 - NEW

It is proposed that the CEO be delegated power (with conditions) to approve applications for kennel licences under the Shire of Capel Dogs Local Law 2017.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 94 There is currently no delegation in place for the Shire of Capel Dogs Local Law 2017. This local law primarily enables Council to approve applications for a licence to operate a dog kennel. Delegation of the authority to approve an application for a kennel licence means that provision of a licence (or otherwise) can proceed in a timely manner once the relevant planning, building and health approvals have been received by the applicant. 7. Delegation 164 - NEW This item also proposes that the CEO be delegated the powers and duties conferred by the Shire of Capel Fencing Local Law 2016. As with the Dogs Local Law, there is currently no delegation in place for the Shire of Capel Fencing Local Law 2016, which means the ability of staff to administer the law if required is limited. The draft delegation included in Attachment 1 follows the same format as other local law delegations from Council to the Chief Executive Officer. It provides the CEO with the discretion to take matters (for example potentially contentious issues) to Council if necessary, requires the CEO to inform Council of any prosecutions under the local law and ensures that Council is informed if the CEO exercises the delegation. Cr Southwell left the meeting at 7.19pm. Cr Southwell returned to the meeting at 7.21pm. VOTING REQUIREMENTS Absolute majority OC0325 OFFICER’S RECOMMENDATIONS – 15.2/COUNCIL DECISION Moved Cr Hearne, seconded Cr J Scott That Council endorses the suggested changes to the Delegations Register as discussed in the Comments section (Items 1 – 7) of this item.

Carried with an Absolute majority 9/0


OC0326 (15.3) Accounts Due and Submitted for Authorisation

Location: Capel Applicant: Shire of Capel File Reference: N/A Disclosure of Interest: Nil Date: 13.03.2018 Author: Finance & Accounts Payable Officer, S Searle Senior Officer: Executive Manager Corporate Services, S Stevenson Attachments: Nil IN BRIEF Adoption of accounts to be paid. RECOMMENDATION That Council authorises the Schedule of Accounts covering vouchers EFT26537 to EFT26572, a total of $187,947.81 for payment. BACKGROUND / PROPOSAL Background Accounts for payment are required to be submitted each month for authorisation. Proposal The list of accounts listed for payment have been checked and certified by staff as being correct and are submitted for the endorsement of Council. STATUTORY ENVIRONMENT Local Government Act 1995, section 6.10 6.10. Financial management regulations

(d) The general management of, and the authorisation of payments out of- (i) the municipal fund; and (ii) the trust fund, of a local government.

Local Government (Financial Management) Regulations 1996, regulation 13, 1 & 2 13. List of accounts

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO is to be prepared each month showing for each account paid since the last such list was prepared-

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transactions.


(2) A list of accounts for approval to be paid is to be prepared each month showing- (a) For each account which requires council authorisation in that month-

(i) The payee’s name; (ii) The amount of the payment; and (iii) sufficient information to identify the transactions; and

(b) the date of the meeting of the council to which the list is to be presented. POLICY IMPLICATIONS There are no current policies relevant to this matter. RISK IMPLICATIONS Risk is medium. The schedule of accounts is a list available to the public of Council creditors, the amounts paid to these creditors and a description of the transaction. FINANCIAL IMPLICATIONS Budget Payment from Council’s Municipal Fund. There are no financial implications relevant to this matter in the annual budget. Long Term There are no long term financial implications relevant to this matter. SUSTAINABILITY IMPLICATIONS The Shire provides monetary funds to suppliers in exchange for goods and services received. Where possible it is preferred to pay suppliers by electronic funds transfer; with remittances emailed thereby reducing the amount of paper used, lessening the environmental impact. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028 The Leadership Experience ‘Open, transparent, and effective good governance’. Strategic Objective: 1.6: Council is effective and efficient in the financial management stewardship of community

assets. CONSULTATION Relevant staff have been consulted and authorised the payments. Documents have been reviewed by Manager Finance, A Mattaboni. COMMENT Accounts due and submitted for authorisation are as follows:

CHQ/EFT DATE NAME DESCRIPTION AMOUNT

EFT26537 28/03/2018 AUSLEC 13X LAMP 42W 253.97

EFT26538 28/03/2018 ARROW BRONZE 1 XCAST BRONZE PLAQUE 522.28

EFT26539 28/03/2018 AMPAC DEBT RECOVERY DEBT RECOVERY COST 209.00


EFT26540 28/03/2018 AW ROADWORKS PTY LTD 15.5 HOURS OF TRAFFIC MANAGEMENT FOR GELORUP RISE AND FISHERMAN ROAD STRATHAM

1993.75

EFT26541 28/03/2018 BUNBURY MOWER SERVICE

REPAIR TO POLE SAW AND PARTS 295.00

EFT26542 28/03/2018 B & B STREET SWEEPING SUMP CLEANING X 2 ‐ NORTON PROMENADE

715.00

EFT26543 28/03/2018 BUNNINGS BUILDING SUPPLIES PTY LTD

VARIOUS HARDWARE SUPPLIES 431.04

EFT26544 28/03/2018 BRANDICOOT WEBSITE SUBSCRIPTION ‐ MONTHLY PACKAGE FOR 2 MONTHS (FEB MAR 2018)

455.99

EFT26545 28/03/2018 BCA CONSULTANTS (WA) PTY LTD

PROVISION FOR ELECTRICAL CONSULTANCY SERVICES FOR THE PROPOSED DEVELOPMENT OF CAPEL CIVIC PRECINCT STAGE 4

3245.00

EFT26546 28/03/2018 WINC AUSTRALIA PTY LTD 2017/2018 STATIONERY 538.73

EFT26547 28/03/2018 CLEANAWAY DISPOSAL OF HOUSEHOLD RUBBISH, COLLECTION & DISPOSAL OF WASTE FROM CAPEL WASTE TRANSFER STATION‐FEB 18

25406.36

EFT26548 28/03/2018 CALTEX AUSTRALIA FEB 18 FLEET FUEL 4077.52

EFT26549 28/03/2018 CADDS GROUP PTY LTD PROVISION FOR ESD CONSULATATION SERVICES FOR THE PROPOSED DEVELOPMENT OF CAPEL CIVIC PRECINCT STAGE 4

9790.00

EFT26550 28/03/2018 CIVIL & STRUCTURAL ENGINEERS

CARRY OUT STRUCTURAL ASSESSMENT OF TIMBER WALKWAYS AND STAIRWAYS AT DALYELLUP

3300.00

EFT26551 28/03/2018 DATA #3 GFI MAILESSENTIALS‐UNIFIEDPROTECTION EDITION‐ ‐ADDITIONAL MAILBOXES SUBSCRIPTION FOR 1 YEAR

268.18

EFT26552 28/03/2018 DSA PTY LTD PROVISION FOR MECHANICAL CONSULTANCY SERVICES FOR THE PROPOSED DEVELOPMENT OF CAPEL CIVIC PRECINCT STAGE 4

4290.00

EFT26553 28/03/2018 GEOGREEN CARRY OUT QUARTERLY SERVICE OF WATERLESS URINALS 1912.70

EFT26554 28/03/2018 GRACE RECORDS MANAGEMENT

RECORDS STORAGE AND DESTRUCTION FOR 2017/18

529.36

EFT26555 28/03/2018 LD TOTAL MONTHLY DALYELLUP PUBLIC OPEN SPACE CONTRACTED WORK FOR FEBRUARY AND ADDITIONAL MAITENANCE WORK AT VARIOUS LOCATION FOR FEBRUARY

98254.10

EFT26556 28/03/2018 LANDGATE IDENTIFICATION OF LAND PARCELS 113.05

EFT26557 28/03/2018 MALATESTA ROAD PAVING & HOT MIX

600 TONNE HOTMIX & 304 LITRE OF EMULSION 1304.00


EFT26558 28/03/2018 MCLEODS BARRISTERS AND SOLICITORS

2X LEGAL FEES 3695.99

EFT26559 28/03/2018 MARKETFORCE VARIOUS ADVERTISEMENT FOR THE MONTH OF FEBRUARY 1295.35

EFT26560 28/03/2018 NIGHTGUARD SECURITY SERVICE PTY LTD

ALARM RESPONSES FEB 18 1965.99

EFT26561 28/03/2018 OFFICEWORKS SUPERSTORES PTY LTD

ANNUAL STATIONERY SUPPLIES 2017/2018

113.95

EFT26562 28/03/2018 OZLITE 50 FLURO LIGHTS AND STARTERS 639.49

EFT26563 28/03/2018 PIACENTINI & SON PTY LTD 12.10 TONNE FILL SAND 99.83

EFT26564 28/03/2018 PRESTIGE PRODUCTS‐BUSSELTON

VARIOUS CLEANING SUPPLIES 921.36

EFT26565 28/03/2018 PROTECTOR FIRE SERVICES REPLACE 3X NON‐COMPLIANT THERMAL DETECTORS CAPEL LIBRARY

1078.00

EFT26566 28/03/2018 SCS SAND & PLANT HIRE 5 DAY ROLLER HIRE 1045.00

EFT26567 28/03/2018 SOUTH WEST AUDIO VISUAL

UPGRADE TO COUNCIL CHAMBERS AUDIO VISUAL

12482.47

EFT26568 28/03/2018 STATE WIDE TURF SERVICES

TURF RENOVATION AT FERNDALE PARK, EAST DALYELLUP 3850.00

EFT26569 28/03/2018 TYREPOWER BUSSELTON 4 XNEW TYRES FOR CP9370 & WHEEL ALIGNMENT FOR CP9081 655.00

EFT26570 28/03/2018 TOTAL GREEN RECYCLING PTY LTD

TRANSPORT AND PROCESSING OF E‐WASTE COLLECTED AT CAPEL WASTE TRANSFER STATION ON THE 23/2/18

1064.53

EFT26571 28/03/2018 IT VISION CONFIGURE SQL REPLICATION BULK UPLOAD

550.00

EFT26572 28/03/2018 WORK CLOBBER BUNBURY STAFF UNIFORM 585.82

$ 187,947.81

OUTSTANDING CREDITORS AS AT 28 February 2018: $129,711.60 CERTIFICATE OF CHIEF EXECUTIVE OFFICER This schedule of accounts to be passed for 28 March 2018 have been checked and are fully supported by vouchers and invoices which are submitted herewith and which have been duly certified as to the receipt of goods and services and as to prices, computations, and costings and the amounts shown are due for payment.

CHIEF EXECUTIVE OFFICER

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 .......................................... 99 VOTING REQUIREMENTS Simple majority OC0326 OFFICER’S RECOMMENDATIONS – 15.3/COUNCIL DECISION Moved Cr J Scott, Seconded Cr McCleery That Council authorises the Schedule of Accounts covering vouchers EFT26537 to EFT26572, a total of $187,947.81 for payment.

Carried 9/0

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 100

OC0327 (15.4) Financial Statements for 28 February 2018

Location: Capel Applicant: Shire of Capel File Reference: N/A Disclosure of Interest: Nil Date: 13.03.18 Author: Manager Finance, A Mattaboni Senior Officer: Executive Manager Corporate Services, S Stevenson Attachments: Financial Statements for February 2018 IN BRIEF Council to consider adopting the monthly financial statements for February 2018. RECOMMENDATION That Council adopts the financial statements for the period ending 28 February 2018 as attached. BACKGROUND / PROPOSAL Background Local Government (Financial Management) Regulations 1996 prescribe the requirement to prepare financial reports on a monthly basis and also prescribe their format and content. Proposal The financial statements provided to Council to match the regulatory requirements. STATUTORY ENVIRONMENT Local Government Act 1995, Section 6.4 (1) & (2). 6.4 Financial Report Section 6.4 of the Local Government Act 1995 specifies that a local government is to prepare such other financial reports as are prescribed. (1) A local government is to prepare an annual financial report for the preceding financial year

and such other financial reports as prescribed. (2) The financial report is to –

(a) be prepared and presented in the manner and form prescribed; and (b) contain the prescribed information.

Local Government (Financial Management) Regulations 1996, Regulation 34 (1). Financial Activity Statement Report (1) A local government is to prepare each month a statement of financial activity reporting on

the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail:

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c);

(b) budget estimates to the end of month to which the statement relates;


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

(d) material variances between the comparable amounts referred to in paragraphs (b) and (c);

(e) the net current assets at the end of the month to which the statement relates. Sections 2, 3, 4, 5 and 6 prescribe further details of information to be included in the monthly statement of financial activity. POLICY IMPLICATIONS Policy 2.6 – Financial Reports, Policy 2.8 – Purchasing, Policy 2.9 – Budget Management – Capital Acquisition & Works, 2.10 – Fixed Asset Accounting, Policy 2.11 – Fair Value of Assets, Policy 2.12 – Investment of Funds. RISK IMPLICATIONS There are no risk implications related to this item. FINANCIAL IMPLICATIONS Budget Reports showing year to date financial performance allow monitoring of actual expenditure, revenue and overall results against budget targets. Long Term As all expenditure is covered in the current annual budget allocation, there are no long term financial implications from this item. SUSTAINABILITY IMPLICATIONS The Monthly Financial Report includes the financial details of a number of projects that have a positive environmental impact and a direct social benefit for the community. Many of the projects and items included in the Monthly Financial Report have or will generate a significant economic benefit for the State and some businesses within the Shire of Capel have already shared in this benefit. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028 The Leadership Experience ‘Open, transparent, and effective good governance’. Strategic Objective: 1.6: Council is effective and efficient in the financial management stewardship of community

assets. CONSULTATION The monthly Financial Statement was developed with the assistance and input of staff who determined expenditure needs and revenue expectations for the remainder of the financial year based upon actual performance compared against budget.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 102 COMMENT At 28 February 2018, Council’s net current assets position was a surplus of $7,267,543. The forecast year end net current asset position is a surplus of $4,683. The forecast year end net current asset position will change as forecast year end position is updated. Compared to the annual budget approximately 96% of Operating Revenue has been invoiced and 60% of the Operating Expenditure budget has been spent. The monthly budget of income and expenditure has been adjusted to reflect the expected timing of actual income and expenditure throughout the financial year. Rates have been assessed for the 2017/18 financial year with income raised in July 2017. The Statement of Comprehensive Income by Nature and Type shows 99.8% of rates income has been received year to date compared to the annual budget. Fees and Charges income includes $2,282,920 for household refuse fees which is included in the rates billing process. Approximately 92% of Fees and Charges income has been received year to date compared to the annual budget. A comparison of employee costs shows that 62% of the annual budget has been expended. Leave liability expenses have been calculated. The Employee Costs category includes salaries & wages, superannuation, workers compensation, leave liability expense, training/conferences and fringe benefits taxation. The calculation of fixed asset depreciation for the months of July to February 2018 has occurred. The following graphs compare actual Operating Revenue and Operating Expenditure against the approved budget on a year to date basis. The receipt of Capel Civic Precinct grant funding in November 2017 has caused the increase of actual revenue in comparison to budget. Last year’s actual is also included for comparative purposes.

Year to date actual expenditure compared to budget and last year.

-

5,000

10,000

15,000

20,000

25,000

July

Au

g

Se

p

Oct

No

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De

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y

Jun

$'000

Month

YTD Operating Revenue - Budget vs Actual

Last Year

Budget

Actual


The liquidity graph compares the current year’s net current assets position against that of the two previous years.

Council’s municipal cash and investments position has decreased by $486,970 compared to January 2018. The Municipal cash position is an amount of $19,763,833 of which $13,478,514 is restricted for specific purposes as shown at Note 3. Cash revenue came from rates receipts, dog and cat registration renewals, and grant funding. Major cash expenses were for payroll, contractor and loan payments. Total interest earned year to date is $202,342 which is below the year to date budget of $258,983. The average investment rate of return has increased to 2.35%, which exceeds the Reserve Bank’s cash reference rate of 1.50%. The Reserve Bank Board on 6 March 2018 made no change to their target cash rate of 1.50%. The Shire has term deposits maturing from March 2018 to September 2018, investment terms ranging from 126 days to 364 days and interest rates from 2.40% to 2.60%.

-

5,000

10,000

15,000

20,000

25,000

July

Sep

Nov Jan

Mar

May

$'000

Month

YTD Operating Expenses - Budget vs Actual

Last Year

Budget

Actual

(2,000)0

2,0004,0006,0008,000

10,00012,00014,00016,00018,000

July

Aug

Sep Oct

Nov

Dec Jan

Feb

Mar

Apr

May Jun

$'000

Month

Liquidity Over the Year

2015-16

2016/17

2017/18


Capital works expenditure of $224,169 was incurred during the month on:

$138,942 Dardanup West Road Bridge $ 26,648 Road Widening $ 21,525 Drainage Infrastructure $ 18,959 Light Commercial Vehicle $ 8,672 Entry Statements – Whole of Shire $ 5,650 Dual Use Paths – Bussell Highway to Frances Road $ 1,773 Goodwood Road Bus Shelter $ 1,085 Gravel Resheets $ 995 Other Computer Equipment – Binding Machine $ (80) Capel Civic Precinct - Stage 3 & 3A (allocation adjustment)

The following graph compares actual capital expenditure against budget on a year to date basis. Actual expenditure is below budget due to the timing of the first payment for the Capel Civic Precinct invoice. Last year’s actual is included for comparative purposes. The monthly budget has been adjusted to reflect the expected timing of capital expenditure throughout the financial year. Non cash infrastructure has not been included in the graph.

0.00%

0.50%

1.00%

1.50%

2.00%

2.50%

3.00%

Investment Interest Rate on Cash vs Reserve Bank of Australia Cash Rate Target

Investment Rate RBA Rate


Council’s financial ratios are disclosed in Note 14. The following graph illustrates Council’s current level of general Debt recovery for 31-60 days, 61-90 days and greater than 90 days.

The following illustrates Council’s current level of Rate Debtors recovery and compares this with previous years. The amount includes both current and in arrears rates & services debtor balance. The Rates Debtor balance continues to fall in line with previous years.

- 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000

$'000

Month

YTD Capital Expenses - Budget vs Actual

Last Year

Budget

Actual


The following graph shows the level of rates and services in arrears for the last three years. Rates and Services in Arrears at the start of each financial year as a percentage of the Rates and Services Debtor Balance has been: 2017/18 2.51%, 2016/17 2.54% and 2015/16 2.35%.

A review of the Statement of Financial Position and the attendant notes indicates there are no adverse trends evident in the year to date financial statements as at 28 February 2018. VOTING REQUIREMENTS Simple majority OC0327 OFFICER’S RECOMMENDATION – 15.4/COUNCIL DECISION Moved Cr J Scott, Seconded Cr Hearne That Council adopts the financial statements for the period ending 28 February 2018 as attached.

Carried 9/0


OC0328 (15.5) Accounts Paid During the Month of February 2018

Location: Capel Applicant: Shire of Capel File Reference: N/A Disclosure of Interest: Nil Date: 13.03.18 Author: Finance & Accounts Payable Officer, S Searle Senior Officer: Executive Manager Corporate Services, S Stevenson Attachments: Nil IN BRIEF Authorisation of accounts paid during the month. RECOMMENDATION That Council receives: 1 The Schedule of Accounts covering vouchers 896-900, EFT26243 to EFT26468,

CHQ48774 to CHQ48803 totalling $897,277.97 during the month of February 2018;

2 Payroll payments for the month of February 2018, totalling $321,869.11; and 3 Transfers to and from investments as listed. BACKGROUND / PROPOSAL Background Accounts paid are required to be submitted each month. Proposal The list of accounts listed for payment have been checked and certified by staff as being correct and are submitted for the endorsement of Council. STATUTORY ENVIRONMENT Local Government Act 1995, section 6.10 6.10. Financial management regulations

(d) The general management of, and the authorisation of payments out of- (iii) the municipal fund; and (iv) the trust fund, of a local government.

Local Government (Financial Management) Regulations 1996, regulation 13, 1 & 2 13. List of accounts

(1) If the local government has delegated to the CEO the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the CEO


is to be prepared each month showing for each account paid since the last such list was prepared-

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transactions.

(2) A list of accounts for approval to be paid is to be prepared each month showing-

(a) For each account which requires council authorisation in that month- (i) The payee’s name; (ii) The amount of the payment; and (iii) sufficient information to identify the transactions;

and (b) the date of the meeting of the council to which the list is to be presented.

POLICY IMPLICATIONS There are no current policies relevant to this matter. RISK IMPLICATIONS Risk is medium. The schedule of accounts is a list available to the public of Council creditors, the amounts paid to these creditors and a description of the transaction. FINANCIAL IMPLICATIONS Budget Payment from Council’s Municipal Fund. There are no financial implications relevant to this matter in the annual budget. Long Term There are no long term financial implications relevant to this matter. SUSTAINABILITY IMPLICATIONS The Shire provides monetary funds to suppliers in exchange for goods and services received. Where possible it is preferred to pay suppliers by electronic funds transfer; with remittances emailed thereby reducing the amount of paper used, lessening the environmental impact. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028 The Leadership Experience ‘Open, transparent, and effective good governance’. Strategic Objective: 1.6: Council is effective and efficient in the financial management stewardship of community

assets. CONSULTATION Relevant staff have been consulted and authorised the payments. Documents have been reviewed by Manager Finance, A Mattaboni.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 109 COMMENT Payments made during the month of February 2018 are as follows:

EFT26243 01/02/2018 IINET DALYELLUP LIBRARY INTERNET

109.99

EFT26244 01/02/2018 WESTNET PTY LTD CAPEL ADMINISTRATION INTERNET

219.98

EFT26245 07/02/2018 ANZ BUSINESS BANKING LOAN NO. 59 - OFFICE EXTENSIONS

11168.02

EFT26246 07/02/2018 AMPAC DEBT RECOVERY GPC ADDITIONAL COSTS - SERVICE AT DIFFERENT ADDRESSES

109.01

EFT26247 07/02/2018 AW ROADWORKS PTY LTD TRAFFIC MANAGEMENT FOR FOWLER ROAD DRAINAGE WORKS

919.60

EFT26248 07/02/2018 BUNBURY MACHINERY BLADES, BOLTS WASHERS AND SPRING PLATE FOR MOWERS

872.88

EFT26249 07/02/2018 BOYANUP CELLARS REFRESHMENTS FOR THE COMMUNITY AWARDS, 23 JANUARY 2018

542.88


COURTYARD FURNITURE OUTDOOR TABLE AND COVER, VARNISH FOR FETTLERS PARK

1249.42

EFT26251 07/02/2018 BENDIGO BANK BUSINESS CREDIT CARD

JANUARY 2018 CREDIT CARD TRANSACTIONS: 9 JAN - WOTIF - $190.40 - ACCOMMODATION FOR TRAINING 18 JAN - EB BUSINESS LUNCH - $65.00 - BUSINESS LUNCH WITH TELSTRA CEO 19 JAN - AUSTRALIAN INSTITUTE - $132.00 - JOB VACANCY ADVERTISED ON AIBS WEBSITE 30 JAN - CARD FEE - $4.00 31 JAN - SAI GLOBAL - $132.31 - MOTOR VEHICLE CARGO BARRIERS

523.71

EFT26252 07/02/2018 BUNBURY BASKETBALL ASSOCIATION

KIDSPORT REGISTRATION 82.50

EFT26253 07/02/2018 BRANDICOOT MONTHLY SUBSCRIPTION 238.00 EFT26254 07/02/2018 WINC AUSTRALIA PTY

LTD 2017/2018 STATIONERY 351.35

EFT26255 07/02/2018 CAPEL CHAMBER OF COMMERCE INC

ANNUAL MEMBERSHIP FEE 2018

66.00

EFT26256 07/02/2018 CROSS SECURITY SERVICES

ALARM SYSTEM MONITORING CAPEL SHIRE BUILDINGS

400.40

EFT26257 07/02/2018 CATALYSE MARKYT COMMUNITY SCORECARD - BIENNIAL COMMUNITY SURVEY

21736.00

EFT26258 07/02/2018 CAPELBERRY CAFE RECRUITMENT CATERING 79.20


EFT26259 07/02/2018 CAPEL PANEL & PAINT VEHICLE REPAIRS AND INSURANCE EXCESS

1550.00

EFT26260 07/02/2018 CARBONE BROS PTY LTD 2,214 TONNE GRAVEL AND 52 TONE OF LIMESTONE

39593.63

EFT26261 07/02/2018 DIESEL FORCE EMERGENCY REPAIR TO BREAK LINE ON TRUCK

485.52

EFT26262 07/02/2018 DMC CLEANING CLEANING OF SHIRE BUILDINGS AND PUBLIC AMENITIES

9938.50

EFT26263 07/02/2018 BUNBURY FLOWER PLACE GET WELL FRUIT HAMPER FOR EMPLOYEE

122.00

EFT26264 07/02/2018 GANNAWAYS BUS FOR ADVENTURE WORLD - INZONE

1015.00

EFT26265 07/02/2018 GEOVET BUSSELTON OCT, NOV AND DEC ACCOUNT

1359.30

EFT26266 07/02/2018 MOORE STEPHENS (WA) PTY LTD

STRATEGIC RESOURCE PLANNING SERVICES INCLUDING REVISED LONG TERM FINANCIAL PLAN

6050.00

EFT26267 07/02/2018 A INGRAM BOOK STOCK PURCHASES 168.00 EFT26268 07/02/2018 LONSDALE CATERING &

PARTY HIRE TABLECLOTHS & GLASSES HIRE FOR THE COMMUNITY AWARDS, 23RD JANUARY 2018

281.20

EFT26269 07/02/2018 LD TOTAL CLEAN-UP TO GRAFFITI IN THE INFORMATION HUT AT THE START OF THE TUART WALK AND REPAIRS TO CAPPERS IN SOUTH PARK

1313.46


200 TONNE OF ASPHALT AND 600 LITRES EMULSION

808.00

EFT26271 07/02/2018 JUST YOUNGER CATERING

CATERING FOR MONTHLY COUNCIL MEETINGS DECEMBER AND JANUARY

784.00

EFT26272 07/02/2018 MANTRAC PTY LTD RE-ESTABLISH FIREBREAKS SLASH GRASSES AND REMOVE WOODY WATTLES

1705.00

EFT26273 07/02/2018 G H M MULDER CROSSOVER CONTRIBUTION

300.00

EFT26274 07/02/2018 NOONGAR BOODJAR LANGUAGE, CULTURAL ABORIGINAL CORPORATION

WELCOME TO COUNTRY SPEECH AT THE COMMUNITY AWARDS

275.00

EFT26275 07/02/2018 OFFICEWORKS SUPERSTORES PTY LTD

ANNUAL STATIONERY SUPPLIES 2017/2018

81.00

EFT26276 07/02/2018 PICTON TYRE CENTRE PTY LTD

REPAIR TO ROLLER TYRE 110.00

EFT26277 07/02/2018 PROTECTOR FIRE SERVICES

MONTHLY TESTING TO FIRE DETECTION SYSTEM AT BOYANUP COMMUNITY CENTRE AND CAPEL LIBRARY

1376.10


EFT26278 07/02/2018 REDWAVE MEDIA PTY LTD RADIO ADVERTISING AND BRANDING ON SPIRIT RADIO

1320.00

EFT26279 07/02/2018 SOUTH WEST TREE SAFE EMERGENCY - REMOVAL OF PINE TREE LIMB SPLIT AT BASE OVERHANGING POWER LINES

1000.00

EFT26280 07/02/2018 STEWART & HEATON CLOTHING CO PTY LTD

BFB SAFETY CLOTHING 354.79

EFT26281 07/02/2018 SOUTHERN LOCK & SECURITY

SUPPLY 6 PADLOCKS KEYED TO LMK ON SHIRE SYSTEM AND REPLACE DAMAGED READER AND REPAIR INDICATOR LOCK AT DALYELLUP PAVILION

1278.32

EFT26282 07/02/2018 SOS OFFICE EQUIPMENT METER BILLING FOR SHIRE PHOTOCOPIERS

1511.02

EFT26283 07/02/2018 SONIC HEALTHPLUS PTY LTD

PRE-EMPLOYMENT MEDICAL

291.50

EFT26284 07/02/2018 TECHNOLOGY ONE SLIP DOWNLOADER MODIFICATIONS

1980.00

EFT26285 07/02/2018 TOTALLY SOUND EQUIPMENT HIRE FOR COMMUNITY AWARDS 23RD JANUARY 2018

3117.40

EFT26286 07/02/2018 TELSTRA BUSINESS CENTRE BUNBURY

LIFE PROOF CASE FOR IPHONE

120.00

EFT26287 07/02/2018 VIVA AERIAL DANCE PERFORMANCE EXPENSES FOR COMMUNITY AWARDS EVENT

2000.00

EFT26288 07/02/2018 VAT 2 FOOD AND BEVERAGES FOR FUNCTION ON 11 JANUARY 2018 GEOGRAPH GROWTH PLAN

2252.40

EFT26289 07/02/2018 THE PRINT SHOP 5000 X DLX ENVELOPES 5000 LETTERHEADS 2000 DL ENVELOPES

1072.00

EFT26290 07/02/2018 WESTSIDE EQUIPMENT INSTALL SINGLE CROSSOVER AND CLEAN DRAIN ON FOWLER RD AND DRAIN CLEAN ON CAIN RD

4598.00

EFT26291 07/02/2018 WYE ELECTRICAL REPLACEMENT OF SENSOR LIGHT IN STORE ROOM AT DALYELLUP SPORTS PAVILION AND CHECK POWER TO AT UNIT PEPPIE GROVE BEACH COMM CENTRE

386.90

EFT26292 07/02/2018 ANTHONY WILLETTS DARDANUP WEST BRIDGE RECONSTRUCTION - PROJECT, PROJECT MANAGEMENT SERVICES FOR BOYANUP WEST ROAD/ELGIN ROAD INTERSECTION AND BOYANUP WEST ROAD DESIGN

3410.14


EFT26292 -EFT27326 PAYMENT ALREADY APPROVED BY COUNCIL, PLEASE REFER TO AGENDA ON 28.02.18

0.00

EFT26327 08/02/2018 FUJI XEROX AUSTRALIA PTY LTD

17/18 LEASE OF PHOTOCOPIER PER MONTH - CAPEL LIBRARY

132.00

EFT26328 14/02/2018 AMITY SIGNS WHITE GUIDE POSTS, STICKERS AND VARIOUS SIGNS

4823.17

EFT26329 14/02/2018 A2K TECHNOLOGIES BLUEBEAM REVU EXTREME (WITH ANNUAL MAINTENANCE)

686.55

EFT26330 14/02/2018 AW ROADWORKS PTY LTD VARIOUS ROADWORKS CREWS FOR CAIN, WELD AND FOWLER ROADS

3212.00

EFT26331 14/02/2018 BUNBURY PLASTICS SHEETS OF PERSPEX FOR INFORMATION BOARDS

226.60

EFT26332 14/02/2018 BUNBURY MACHINERY LABOUR AND CONSUMABLES FOR REPLACEMENT OF FAN ON MOWER

215.05

EFT26333 14/02/2018 BUNBURY HOLDEN 45,000 KM SERVICE FOR UTE

631.40

EFT26334 14/02/2018 BUSSELTON-DUNSBOROUGH ENVIRONMENT CENTRE

TUART BOOKS FOR THE COMMUNITY AWARDS 23 JANUARY 2018

300.00

EFT26335 14/02/2018 BUNBURY HARVEY REGIONAL COUNCIL

PART COST TO FUND REGIONAL WASTE OFFICER

2255.27

EFT26336 14/02/2018 BRAD BROOKSBY CONSULTING

2017/18 CONDITION RATING AND ASSET FAIR VALUE REPORT - ROADS

14048.38

EFT26337 14/02/2018 WINC AUSTRALIA PTY LTD

2017/2018 STATIONERY 907.55

EFT26338 14/02/2018 COATES HIRE SERVICE DISABLED TOILET FOR CAPEL CEMETERY

550.00

EFT26339 14/02/2018 CAPEL NEWSAGENCY NEWSPAPER ACCOUNT CAPEL LIBRARY AND STATIONERY

105.35

EFT26340 14/02/2018 COUNTRY BELLE SOAPS GIFTS FOR COMMUNITY AWARDS

282.50

EFT26341 14/02/2018 CARBONE BROS PTY LTD 52 TONNE LIMESTONE 954.69

EFT26342 14/02/2018 DATA #3 VIPRE ANTIVIRUS BUSINESS SUBSCRIPTION RENEWAL

2390.38

EFT26343 14/02/2018 PAGODA RESORT AND SPA

ACCOMMODATION NOV 22 ECONOMIC COMMUNITY DEVELOPMENT

716.00

EFT26344 14/02/2018 EDGE TOURISM AND MARKETING

BUNBURY GEOGRAPHE GROWTH PLAN - PROJECT TECHNICAL OFFICER CONTACT

9834.95


EFT26345 14/02/2018 BUNBURY FLOWER PLACE FRUIT & FLOWER HAMPERS

192.00

EFT26346 14/02/2018 GOLDEN WEST PLUMBING & DRAINAGE

REPLACEMENT OF TOILET CISTERNS TO DALYELLUP LAKES AND SOUTH LAKES, UNBLOCK DRAINS AT LAKES TOILETS, BACKFLOW DEVICE TEST AT CHARLOTTE ST BOYANUP, CLEAN OUT ALL GULLIES IN MALE AND FEMALE TOILETS TO SHOWERS- DALYELLUP ROAD BEACH TOILETS

1947.00

EFT26347 14/02/2018 FIT 2 WORK.COM.AU EMPLOYEE POLICE CHECKS

202.95

EFT26348 14/02/2018 FOOTBALL FEDERATION SOUTH WEST


EFT26349 14/02/2018 FITS TRAINING SERVICE CHAINSAW COURSE 350.00

EFT26350 14/02/2018 GHD PTY LTD RANGE ROAD GME OCTOBER 2017 PROJECT MANAGEMENT AND FINALISING OF REPORT

2321.00

EFT26351 14/02/2018 GRACE RECORDS MANAGEMENT

RECORDS STORAGE AND DESTRUCTION FOR 2017/18

454.12

EFT26352 14/02/2018 GRANTS EMPIRE GRANT WRITING CONSULTANCY FOR CSRFF APPLICATION

858.00

EFT26353 14/02/2018 KAREN HENRY PARKING AT CONFERENCE 28.80 EFT26354 14/02/2018 WESTERN AUSTRALIAN

LOCAL GOVERNMENT ASSOCIATION WALGA

REGISTRATION FOR UNDERSTANDING LOCAL GOVERNMENT

195.00

EFT26355 14/02/2018 LD TOTAL IRRIGATION REPAIRS SHERWOOD POS.

1205.77


1 TONNE HOTMIX 200.00

EFT26357 14/02/2018 PERITAS CIVIL PTY LTD CAPEL NORTH - PREPARATION OF SEWER CATCHMENT PLAN

2420.00

EFT26358 14/02/2018 AUSTRALIA TAXATION OFFICE

PAYG WITHHOLDING 6/2/18

47409.00

EFT26359 14/02/2018 QUALITY HOTEL LIGHTHOUSE

RECRUITMENT INTERVIEW ROOM BOOKING INCLUDES CATERING AND ACCOMMODATION

1393.00

EFT26360 14/02/2018 R & D HUMPHREYS CAR REMOVALS

DEGASS X 138 REFRIGERATORS AND DEGAS 11 X SPLIT AIR CONDITIONERS

772.20

EFT26361 14/02/2018 SOUTH WEST TREE SAFE CLEARING WORKS ON DRAIN LINE IN CAPEL

3850.00

EFT26362 14/02/2018 CAPEL FRESH IGA SHIRE MILK AND REFRESHMENTS

101.30


EFT26363 14/02/2018 SOS OFFICE EQUIPMENT FUJI XEROX DC-V 2060 MONTHLY RENTAL

19.42

EFT26364 14/02/2018 SURVCON PTY LTD CAPEL DRIVE FEATURE SURVEY

1540.00

EFT26365 14/02/2018 STRATHAM RETREAT OLIVE OIL SALES

VOLUNTEER AWARDS 135.00

EFT26366 14/02/2018 STRATHAM BOBCAT HIRE BOBCAT AND DIGGER HIRE FOR CLEARING AND LIME STONE INSTALLATIONS

3553.00


PRE EMPLOYMENT SCREENING- CONFIRMATORY TESTING

104.50

EFT26368 14/02/2018 TARVIA CARRY OUT TIMBER RESTORATION AT JOSHUA LAKE PARK

1691.80

EFT26369 14/02/2018 TELSTRA BUSINESS CENTRE BUNBURY

LIFEPROOF CASE TO SUITE IPHONE 7- HEALTH

120.00

EFT26370 14/02/2018 JASON'S HANDYMAN SERVICES

FIRE HAZARD REDUCTION AND REMOVAL OF WASTE

2120.00

EFT26371 14/02/2018 WOOLWORTHS GIFT CARD TEAM

GIFT CARDS TO REIMBURSE VOLUNTEER BUS DRIVER FOR SENIORS' WEEKLY SHOPPING TRIPS TO BUNBURY AS PART OF KEEPING IN TOUCH PROJECT

405.50

EFT26372 19/02/2018 TELSTRA CORPORATION LTD

VELOCITY INTERNET CONNECTION - DALYELLUP SPORTS PAVILLION - FERNDALE AVE - OCTOBER 2017 TO JUNE 2018

80.00

EFT26373 21/02/2018 AMITY SIGNS VARIOUS ROADSIGNS 114.40 EFT26374 21/02/2018 AMPAC DEBT RECOVERY PS WA JUDGMENTS FOR 5

RATE ASSESSMENTS 275.00

EFT26375 21/02/2018 AW ROADWORKS PTY LTD DAY WORKS FOR PATCH TRUCK

1252.90

EFT26376 21/02/2018 AUSTRALIND PRE MIX FOOTPATH REPAIR ON QUEALUM WAY

2640.00

EFT26377 21/02/2018 SOUTHWEST TYRE SERVICE

KOBOTA MOWER TYRES 75.00

EFT26378 21/02/2018 AUSTRALIND COWBOYS JUNIOR RUGBY LEAGUE CLUB


EFT26379 21/02/2018 AUSTRALASIAN PERFORMING RIGHT ASSOC LTD

QUARTERLY APRA LICENCE FOR BOYANUP, CAPEL, GELORUP HALL AND FUNCTION CENTRES 1.2.18 - 30.4.18

145.18

EFT26380 21/02/2018 BUNBURY MACHINERY REPAIR SAFETY CIRCUIT ON BRAKING SYSTEM

149.05

EFT26381 21/02/2018 BUNBURY TOYOTA 40,000KM VEHICLE SERVICE

499.35


EFT26382 21/02/2018 BUNBURY AUTO ELECTRICS

REWIRE PUMP AND INSTALL SWITCH AND TRAILER PLUG

362.05


SCREWS FOR INFO BOARD, RUBBISH BIN SWINGS AND DIVERTER

99.53

EFT26384 21/02/2018 BLACKWOODS BFB SAFETY CLOTHING 230.31 EFT26385 21/02/2018 BUNBURY BUS HIRE YOUTH CAMP BUS,

SHOPPING BUS FOR SENIORS AND NANNUP FUN DAY BUS HIRE

1108.56

EFT26386 21/02/2018 BP AUSTRALIA DISTILLATE JANUARY 18 - 9950 LITRES

13126.12


2017/2018 STATIONERY 895.10

EFT26388 21/02/2018 CAPEL HORSE & PONY CLUB

KIDSPORT REGISTRATIONS

300.00

EFT26389 21/02/2018 CARBONE BROS PTY LTD 163 TONNE GRAVEL AND 100 TONNE OF LIMESTONE

4747.79

EFT26390 21/02/2018 DORMAKABA AUSTRALIA PTY LTD

SERVICE AUTOMATIC DOORS SHIRE HALL

132.00

EFT26391 21/02/2018 DIESEL FORCE LOADER REPAIR 1179.65 EFT26392 21/02/2018 HARLEY DYKSTRA DELIPDATION SURVEY 2090.00 EFT26393 21/02/2018 GOLDEN WEST PLUMBING

& DRAINAGE REPAIR LEAKING BACKFLOW DEVICE AT CARAVAN DUMP POINT, RESET PUMP AT GELORUP COMM CENTRE, UNBLOCK TOILETS AT LAKES DALYELLUP AND REPLACE PIPEWORK AND FITTINGS TO WATER PIPE AT DALYELLUP REC CENTRE

1210.00

EFT26394 21/02/2018 FENNESSY'S NEW HOLDEN ASTRA HATCHBACK P0130

13005.54

EFT26395 21/02/2018 GOLDEN WEST PEST & WEED CONTROL

CARRY OUT TERMITE INSPECTION AND TREATMENT IF NECESSARY CAPEL, ELGIN, BOYANUP AND HALL AND SENIOR CITIZENS CAPEL

690.00

EFT26396 21/02/2018 GALVINS PLUMBING SUPPLIES

SHOWER HEAD AND TAP FOR DALYELLUP SPORTS PAVILION

44.00

EFT26397 21/02/2018 KATIE GARNETT WELLBEING PROGRAM - YOGA COURSE - 21/2/18-22-22/2/1/ & 21/3/18-22/3/18

1750.00

EFT26398 21/02/2018 JULIES LAWNMOWING MOWING OF BOYANUP MUSEUM GROUNDS AND HALL

255.00

EFT26399 21/02/2018 WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION WALGA

LAND USE PLANNING FOR IMPROVED ENVIONMENTAL OUTCOMES WORKSHOP

88.00


EFT26400 21/02/2018 LD TOTAL REPLACE WORN AND VANDALISED GEAR DRIVES AND REPAIR PIPES AT LUTHERAN OVALS, REMOVE GRAFFITI IN VARIOUS LOCATIONS DALYELLUP, REPLACE WORN SOLENOID VALVE ON TURF STATION AT LAWSON PARK AND MURTIN PARK AND REPLACE VANDALISED SPRINKLERS

5592.52


400 LITRES OF EMULSION AND 2 TONNE OF HOTMIX

808.00

EFT26402 21/02/2018 METAL ARTWORK CREATIONS

NAME BADGES FOR STAFF 174.08

EFT26403 21/02/2018 MUIR'S MANJIMUP VEHICLE 75,000 SERVICE 548.06 EFT26404 21/02/2018 MAIN ROADS WESTERN

AUSTRALIA LGA CONTRIBUTION FOR DESIGN & PRE CONSTRUCTION ACTIVITIES - BRIDGE 3510 OVER PRESTON RIVER - DARDANUP WEST ROAD

151800.00

EFT26405 21/02/2018 MARKETFORCE VARIOUS ADVERTISING FOR JANUARY

3988.94

EFT26406 21/02/2018 VODAFONE HUTCHISON AUSTRALIA PTY LTD

17/18 VODAFONE MESSAGING FOR BUSH FIRE BRIGADE

158.49

EFT26407 21/02/2018 PJ & EV PAGE MONTHLY POLISHING AND BUFFING BOYANUP HALL FLOOR JULY 2017 - JAN 2018

70.00


PAY AS YOU GO WITHHOLDING 8.2.18

336.00

EFT26409 21/02/2018 QUALITY PRESS T CARDS 192.50 EFT26410 21/02/2018 RTW STEEL FABRICATION REPLACE TOW PIN ON

VOLVO 313.50

EFT26411 21/02/2018 SOUTH WEST TREE SAFE PRUNE UP TREES OVERHANGING CAPEL DRIVE INCLUDING FULL TRAFFIC CONTROL, REMOVE TREES BUCHANAN RD AND PRUNE LIMBS OFF FICUS ON ROE ROAD

6160.00

EFT26412 21/02/2018 STEWART & HEATON CLOTHING CO PTY LTD

BUSHFIRE PROTECTIVE CLOTHING

432.63

EFT26413 21/02/2018 SOUTHERN LOCK & SECURITY

SUPPLY 4 KEYS 60.00


PRE EMPLOYMENT MEDICAL

291.50


EFT26415 21/02/2018 STRATHAM RURAL SERVICES

TO REPAIR SWITCHES ON FIRE FIGHTING WATER SUPPLY BORES AT HASTIES RD GELORUP AND RYELANDS DRIVE NTH BOYANUP

709.10

EFT26416 21/02/2018 SURVEYING SOUTH FEATURE SURVEY BOYANUP WEST ROAD

3245.00

EFT26417 21/02/2018 FREESPIRIT TRAPEZE FREESPIRIT TRAPEZE PERFORMANCES AT THE COMMUNITY AWARDS, 23 JANUARY 2018

1000.00

EFT26418 21/02/2018 TOTALLY WORKWEAR UNIFORM ALLOWANCE 494.00 EFT26419 21/02/2018 WORK CLOBBER

BUNBURY RANGERS PROTECTIVE CLOTHING

285.63

EFT26420 21/02/2018 WESTRAC EQUIPMENT 50 X CUTTING BLADES AND NUTS AND BOLTS

6494.84

EFT26421 21/02/2018 ZARBELLIKA GIS CONSULTING 4604.88 EFT26422 21/02/2018 CALTEX AUSTRALIA JANUARY 2018 FLEET FUEL 4799.81 EFT26423 26/02/2018 CROWN PERTH ACCOMODATION FINANCE

PROFESSIONALS CONFERENCE

2030.00

EFT26424 28/02/2018 BOYANUP P & C CATERING FOR THE 23RD JANUARY 2018

2500.00

EFT26425 28/02/2018 AMITY SIGNS VARIOUS ROAD SIGNS 3316.17 EFT26426 28/02/2018 AUSQ TRAINING BWS TRAFFIC

MANAGEMENT & TRAFFIC CONTROLLER

1532.00

EFT26427 28/02/2018 AMPAC DEBT RECOVERY PS WA JUDGMENT PROFESSIONAL FEE

55.00

EFT26428 28/02/2018 BUSSELTON REFRIGERATION & AIR CONDITIONING

REPLACE ASPEN PADS TO AIRCONS BOYANUP HALL, REPAIR INDOOR FAN IN AIR CON SHIRE OFFICE, AC SWITCH AT SENIOR CITIZENS AND QUARTERLY AIR CON MAINTENANCE FOR SHIRE BUILDINGS

5643.00

EFT26429 28/02/2018 BUSSELTON PEST & WEED CONTROL

BRIDGE TERMITE INSPECTIONS

2750.00

EFT26430 28/02/2018 BUNBURY HARVEY REGIONAL COUNCIL

ORGANICS DISPOSAL WASTE FROM DOMESTIC THIRD BIN AND REGIONAL WASTE OFFICER PART COST

7783.43

EFT26431 28/02/2018 BRANDICOOT 12 MONTH SUBSCRIPTION -FEB 18

267.99

EFT26432 28/02/2018 BRUCE AND ROCHELLE BONE

CROSSOVER CONTRIBUTION

300.00


2017/2018 STATIONERY 42.19

EFT26434 28/02/2018 CLEANAWAY 17/18 WASTE, RECYCLING & ORGANIC COLLECTION-JAN 18 AND BIN MAINTENANCE

80735.56


EFT26435 28/02/2018 ACCESS WELLBEING SERVICES

ACCESS WELLBEING SERVICES

374.00

EFT26436 28/02/2018 COFFEY SERVICES AUSTRALIA PTY LTD

PREPARATION OF A SITE MANAGEMENT PLAN AND CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN FOR THE CAPEL SPORTS PRECINCT OVAL AND ASSOCIATED AREAS

6733.10

EFT26437 28/02/2018 CAPEL HARDWARE & FARM SUPPLIES

VARIOUS HARDWARE 1478.11

EFT26438 28/02/2018 CAPEL PANEL & PAINT EXCESS PAYMENT FOR REPAIRS TO VEHICLE

1000.00

EFT26439 28/02/2018 ELGIN HALL COMMITTEE REIMBURSEMENT FOR ELECTRICITY CONSUMPTION AT ELGIN HALL

54.03

EFT26440 28/02/2018 EASIFLEET MANAGEMENT PAYROLL DEDUCTIONS 3015.77

EFT26441 28/02/2018 FITS TRAINING SERVICE BASIC CHAINSAW COURSE 700.00

EFT26442 28/02/2018 HANSON CONSTRUCTION MATERIALS PTY LTD

43 TONNE OF AGGREGATE 850.51

EFT26443 28/02/2018 DEFIBTECH AUSTRALIA 1 X 4 YEAR BATTERY PACK INCLUDING FREIGHT TO SHIRE OF CAPEL

354.75

EFT26444 28/02/2018 JR & A HERSEY PTY LTD VARIOUS ITEMS AS ORDERED INCLUDING FLAGGING TAPE, OUT OF SERVICE TAGS, REPELLENT, POST HOLE DIGGER AND PPE GEAR

1132.84

EFT26445 28/02/2018 INSIGHT CCS PTY LTD ANNUAL ORDER - AFTERHOURS CALL CENTRE SERVICE FOR RANGER SERVICES-JAN 18

321.76

EFT26446 28/02/2018 ISA TECHNOLOGIES LENOVO SYSTEM X CAT B 2 YRS POST WARRANTY AND PRE-PAID SUPPORT

7444.25

EFT26447 28/02/2018 SUEZ RECYCLYING & RECOVERY (PERTH) PTY LTD

PROCESSING OF RECYCLABLES

7806.04

EFT26448 28/02/2018 LANDGATE LAND ENQUIRY 101.20 EFT26449 28/02/2018 LOCAL GOVERNMENT

PROFESSIONALS AUSTRALIA WA

FINANCE PROFESSIONALS CONFERENCE

3880.00


2 X TONNE HOTMIX 400.00

EFT26451 28/02/2018 MOUNSEY RP & EA REINSTATE FIREBREAKS AND HEAP CLEARED MATERIAL FOR BURNING

2500.00


EFT26452 28/02/2018 MICHELLE PLUME REIMBURSEMENT FOR STAFF RECOGNITION

200.00

EFT26453 28/02/2018 PROTECTOR FIRE SERVICES

SUPPLY AND INSTALL IN-CEILING ACCESS HATCHES IN CAPEL LIBRARY, REPLACE INDICATOR PANEL BATTERIES AND REPLACE FAULTY SOUNDER STROBE AT BOYANUP COMM CENTRE

3388.00


PAYG WITHHOLDING 20.02.18

48084.00

EFT26455 28/02/2018 SELECTUS PAYROLL DEDUCTIONS 2341.84 EFT26456 28/02/2018 STRATHAM BOBCAT HIRE BOBCAT AND DIGGER

HIRE AT STRATHAM CL, TATTON PL, MEWITT DVE AND SHEOAK PARK RAMP

6217.75

EFT26457 28/02/2018 SCS SAND & PLANT HIRE MOBILISATION TO TATTON PLACE

330.00


PRE-EMPLOYMENT MEDICAL

291.50

EFT26459 28/02/2018 SWIFT FENCING REMOVE AND INSTALL CLADDING & FLASHING FROM 3 GOODWOOD ROAD BUS SHELTERS

1950.00

EFT26460 28/02/2018 D & K THOMAS ELECTRICAL

REPAIR LIGHT SWITCHES THE CAPEL DEPOT TOILETS

120.12

EFT26461 28/02/2018 PHOEBE TUCKER TUITION FEES FROM YOUTH DEVELOPMENT SCHOLARSHIP

1148.00

EFT26462 28/02/2018 THINK WATER BUNBURY 1 CTN OF I25 SPRINKLERS, DRIP LINES AND MISC PARTS

834.25

EFT26463 28/02/2018 TOTAL EDEN POLY JOINERS AND CLAMPS

58.05

EFT26464 28/02/2018 WESTERN AUSTRALIAN TREASURY CORPORATION

LOAN NO. 65 - CAPEL HALL

16593.81

EFT26465 28/02/2018 WIZARD PROPERTY MAINTENANCE

FIRE PREVENTION WORK 435.00

EFT26466 28/02/2018 MARISA BLANDFORD REFUND DUE TO DOG STERILISATION

30.00

EFT26467 28/02/2018 KLEENHEAT GAS GAS BOTTLES SUPPLY CHARGE

37.95

EFT26468 28/02/2018 FUJI XEROX AUSTRALIA PTY LTD

ANNUAL PHOTOCOPIER RENTAL AND SERVICE AGREEMENT FOR ADMINISTRATION COPIERS

1435.61

48774 07/02/2018 AQWEST WATER CONSUMPTION 7252.20 48775 07/02/2018 CITY OF BUNBURY REMOVE GRAFFITI FROM

FOOTPATH AND KERB AT BEACH CAR PARK

296.20


48776 07/02/2018 COURIER AUSTRALIA INTERNATIONAL

POSTAGE AND FREIGHT LIBRARIES

93.17

48777 07/02/2018 SHIRE OF CAPEL CAPEL LIBRARY PETTY CASH RECOUP- STATIONERY & OTHERS

99.40

48778 07/02/2018 SHIRE OF DARDANUP LIBRARY MANAGEMENT SYSTEM FEE

4393.12

48779 07/02/2018 SYNERGY ELECTRICITY 755.70 48780 07/02/2018 TELSTRA CORPORATION

LTD JAN 18 MOBILE EXPENSE 2318.35

48781 07/02/2018 WATER CORPORATION WATER USAGE 83.69 48782 07/02/2018 WW FUELS REFUND BP OVERCHARGE 25.80 48783 14/02/2018 CITY OF BUNBURY UPDATE OF BUNBURY

GEOGRAPHE BRAND 5500.00

48784 14/02/2018 SHIRE OF CAPEL SHIRE AND DALYELLUP LIBRARY PETTY CASH

102.30

48785 14/02/2018 SYNERGY ELECTRICITY 31075.05 48786 14/02/2018 TELSTRA CORPORATION

LTD JAN LANDLINE 1376.24

48787 14/02/2018 WATER CORPORATION WATER USAGE 2838.90 48788 14/02/2018 MIKHAYIL ZADORKIN CROSSOVER

CONTRIBUTION 300.00


COURIER COSTS ANALYTICAL

49.29

48790 21/02/2018 SHIRE OF CAPEL NEWSPAPERS BOYANUP 41.70 48791 21/02/2018 CPR OUTDOOR CENTRE REFUND APPLICATION 147.00 48792 21/02/2018 SYNERGY ELECTRICITY 2091.55 48793 21/02/2018 WATER CORPORATION WATER USAGE 6519.69 48794 28/02/2018 AUSTRALIAN SERVICES

UNION PAYROLL DEDUCTIONS 54.90

48795 28/02/2018 THE AUSTRALIAN WORKERS UNION

PAYROLL DEDUCTIONS 144.00


COURIER DELIVER PARTS TO WORKS YARD

58.33

48797 28/02/2018 SHIRE OF CAPEL PAYROLL DEDUCTIONS 3166.38 48798 28/02/2018 KEYSBROOK LEUCOXENE

PTY LTD RATES REFUND 549.32

48799 28/02/2018 LEAMAN BD & VAN VLIET-LEAMAN J

RATES REFUND 279.62

48800 28/02/2018 LGRCEU PAYROLL DEDUCTIONS 133.26 48801 28/02/2018 QUEST CONVEYANCING RATES REFUND 19.48

48802 28/02/2018 SYNERGY ELECTRICITY 2591.00 48803 28/02/2018 SHIRE OF CAPEL NEWSPAPER 39.20 896 07/02/2018 BUILDING &

CONSTRUCTION IND TRAINING FUND

T5518 JAN 18 BCITF LEVY COLLECTED

1995.98

897 07/02/2018 DEPARTMENT OF COMMERCE - BUILDING COMMISSION

T5618 JAN18 BSL LEVY COLLECTED

3286.08

898 07/02/2018 SHIRE OF CAPEL T5618 JAN 18 BSL COMMISSION COLLECTED

169.50

899 07/02/2018 REALGAIN INVESTMENTS T2305 THE GROVE STAGE 2 OUTSTANDING WORKS BOND

3900.00


900 28/02/2018 SATTERLEY PROPERTY GROUP PTY LTD

T2263 MAINTENANCE BOND REFUND

100976.66

897,277.97

06.02.18 SHIRE OF CAPEL PAYROLL PAYMENTS $159,914.45 08.02.18 SHIRE OF CAPEL PAYROLL PAYMENTS 947.68 20.02.18 SHIRE OF CAPEL PAYROLL PAYMENTS $161,006.98 $321,869.11

14.02.18 TRANSFER from MUNICIPAL ACCOUNT -$310,000.00 -$310,000.00

CERTIFICATE OF CHIEF EXECUTIVE OFFICER This schedule of accounts to be passed for payment, covering vouchers as detailed above which was submitted to each member of Council on 28 March 2018 have been checked and are fully supported by vouchers and invoices which are submitted herewith and which have been duly certified as to the receipt of goods and services and as to prices, computations, and costings and the amounts shown are due for payment.

CHIEF EXECUTIVE OFFICER Cr Bell left the meeting at 7.30pm. VOTING REQUIREMENTS Simple majority OC0328 OFFICER’S RECOMMENDATIONS – 15.5/COUNCIL DECISION Moved Cr Hearne, Seconded Cr Kitchen That Council receives: 1 The Schedule of Accounts covering vouchers 896-900, EFT26243 to EFT26468,

CHQ48774 to CHQ48803 totalling $897,277.97 during the month of February 2018;

2 Payroll payments for the month of February 2018, totalling $321,869.11; and 3 Transfers to and from investments as listed.

Carried 8/0

Cr Bell returned to the meeting at 7.32pm.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 122 COMMUNITY SERVICES REPORTS

OC0329 (16.1) Early Years Strategy Unbudgeted Expenditure

Location: Shire of Capel Applicant: Shire of Capel File Reference: N/A Disclosure of Interest: Nil Date: 08.03.18 Author: Manager of Community Development and Libraries, J O’Neill Senior Officer: Executive Manager Community Services, M Plume Attachments: Grant Application – Early Years Strategy IN BRIEF The development of the Bunbury Geographe Early Years Strategy in partnership with the City of Bunbury and the Shire of Dardanup as unbudgeted expenditure. RECOMMENDATION That Council approves the unbudgeted expenditure of $3,333.33 plus GST for the purposes of contributing towards the development of the Bunbury Geographe Early Years Strategy. BACKGROUND / PROPOSAL Background In October 2017 the City of Bunbury approached the Shires of Capel and Dardanup to partner in the development of a Bunbury Geographe Early Years Strategy. This proposal was to take advantage of a funding opportunity through the Department of Local Government, Sport and Cultural Industries (DLGSCI) that would provide a strategic approach to the delivery of Early Years services and facilities across the region. The funding opportunity requested applications from eligible Western Australian Local Governments for new initiatives and programs as part of the Community Development Grants Program. Up to $20,000 was available to complete a community development initiative, with the fund to be acquitted by June 30 2018. This funding scheme was seen as a good opportunity to develop and formalise a Bunbury Geographe Early Years Strategy, enabling a collaboration of in-kind and financial resources from the three participating local governments as a cost effective means to address this. The Shire of Capel at officer level has provided indicative support to the proposal, subject to future formal Council consideration of the matter. Proposal That Council approves the unbudgeted expenditure of $3,333.33 plus GST for the purposes of contributing towards the development of the Bunbury Geographe Early Years Strategy. STATUTORY ENVIRONMENT Local Government Act 1995, Section 6.8(1) Section 6.8. - Expenditure from Municipal Fund not included in Annual Budget (1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure:

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 123 (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. * Absolute majority required. (1a) In subsection (1) — additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget. (2) Where expenditure has been incurred by a local government: (a) pursuant to subsection (1)(a), it is to be included in the annual budget for that

financial year; and (b) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of

Council POLICY IMPLICATIONS There are no current Shire Policies relevant to this matter. RISK IMPLICATIONS The risk implications for this item are low. FINANCIAL IMPLICATIONS Budget The development of the Bunbury Geographe Years Strategy would be considered as operational expenditure and the costs would be allocated to the Pre School and Playgroup Account 114420.10. The proposed project budget is as follows: Table 1. Bunbury Geographe Early Years Strategy proposed budget Name In Kind Monetary Total City of Bunbury 3333.34 3333.34 6666.68 Shire of Capel 3333.33 3333.33 6666.66 Shire of Dardanup 3333.33 3333.33 6666.66 Edith Cowan University 15108.00 0.00 15108.00 Dept of LGS&CI 0.00 20000.00 0.00

Totals 25108.00 30000.00 55108.00

Long Term It is not expected for there to be any increased future budgetary expectations as a result of the development the Bunbury Early Years Strategy. The finalisation of the strategy, would however, assist future local government collaboration on grant applications for early year programs in partnerships with early years providers. By having a Bunbury Geographe strategy focus it enables an increased chance of success, based on a greater identified needs basis and a broader population catchment.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 124 SUSTAINABILITY IMPLICATIONS The development of a Bunbury Geographe Early Years Strategy provides some strong social sustainability outcomes. It would solidify existing partnerships at both a local government and community level and be a recognition that many of the issues faced in this sector are regional and not confined to local government geographical boundaries. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018-2028

The Community Experience, ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit.’ Strategic Objective: 2.1 Council works in partnership with the community in providing appropriate services and

facilities. CONSULTATION Preliminary consultation for the proposal has been undertaken with relevant local government officers from the Shire of Dardanup and the City of Bunbury. Other key stakeholders engaged in the formulation of the project proposal include Edith Cowan University, local early years services providers, Schools of Our Future and MLA Bunbury, Don Punch. COMMENT Local governments face increasingly complex social issues, as well as the need for modern facilities and services. The facilitation of a partnership approach to community development can assist to manage these challenges. This is particularly important in many regional areas of Western Australia where limited economic opportunities and low population density create specific challenges. As the closest sphere of government to the community Local Governments have enormous potential to influence a community that values and supports children in the early years (0-9 years) and their families. Local Governments play an essential role across a range of areas that can improve the health and wellbeing of young children including Early Childhood Education and Care services; being the largest provider of venues for parent-led playgroups; supported playgroups; children’s health and safety; children’s recreation and public spaces; library services and planning. In addition to library services in recent years the Shire of Capel has created informal partnerships with local non-government agencies in the delivery of early years services. In collaboration with the Carey Park Child and Parent Centre and Investing in Our Youth (IOY) the Shire of Capel in early 2017 was successful in obtaining a Community Development Grant from the (then) Department of Communities. Key programs that have been delivered to date as part of this partnership include the highly successful ‘Lego Challenge’ conducted quarterly in the Dalyellup Community Centre, ‘Fresh Food workshops’ delivered by Anglicare WA, ‘Terrific Tuesday’ at Dalyellup Primary School and ‘Stay and Play’ at Tuart Forest Primary School. IOY have also recently secured funding (also supported by the Shire of Capel) for the ‘Incredible Years Parent Support Program’, which will deliver much needed parent support programs to Dalyellup. The Shire of Capel and neighbouring local governments of the City of Bunbury and the Shire of Dardanup have formed informal relationships with early year providers on the provision of programs and services in their communities. The development of a combined Early Years Strategy would solidify an integrated Bunbury Geographe Early Years Network, map existing services across the Bunbury Geographe Region and avoid duplication of services. It would also enable the Shire of Capel to plan for future early years facilities with greater certainty. The need for local governments to work in partnership in the provision of community facilities and services with both non-government and government agencies is increasing. Examples of

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 125 current partnerships that the Shire of Capel have in place with neighbouring local governments include in Library Services (South West Consortia One Card Library Management System) and the Aboriginal Reconciliation Action Plan. There is also an increasing trend of local governments to secure (or provide small grants) funding for the delivery of early years programs. VOTING REQUIREMENTS Absolute majority OC0329 OFFICER’S RECOMMENDATION – 16.1/COUNCIL DECISION Moved Cr McCleery, seconded Cr Scott That Council approves the unbudgeted expenditure of $3,333.33 plus GST for the purposes of contributing towards the development of the Bunbury Geographe Years Strategy.

Carried with an Absolute majority 9/0 Cr Schiano left the meeting at 7.34pm.


OC0330 (16.2) Local Emergency Management Committee Minutes

Location: Capel Applicant: Shire of Capel File Reference: EM.LEMC.1 Disclosure of Interest: Nil Date: 13.03.18 Author: Manager Emergency and Ranger Services, D Freeman Senior Officer: Executive Manager Community Services, M Plume Attachments: 1. Local Emergency Management Committee Minutes 19.12.17 2. Shire of Capel Animal Welfare Plan IN BRIEF To consider the minutes of the meeting of the Shire of Capel Local Emergency Management Committee held on 19 December 2017. RECOMMENDATION 1. That Council receives the minutes of the Local Emergency Management Committee

meeting held on 19 December 2017 as a true and correct record of proceedings; and

2. The Shire of Capel Animal Welfare Plan be adopted as attached and incorporated into the Local Emergency Management Arrangements.

BACKGROUND / PROPOSAL Background The Shire of Capel Local Emergency Management Committee (LEMC) was established as an advisory committee to the Council in response to the obligations placed upon Local Government arising from the proclamation of the Emergency Management Act 2005. The Committee in accordance with the Emergency Services Act must meet at least four times per year and shall conduct an annual exercise. Proposal That the minutes of the meeting of the Shire of Capel Local Emergency Management Committee held on 19 December 2017 be received. STATUTORY ENVIRONMENT Emergency Management Act 2005 Sections 36 and 38 Section 36 provides that it is a function of a local government to ensure that effective local

emergency management arrangements are prepared and maintained for its district. Section 38 requires a local government is to establish one or more local emergency

management committees for the local government’s district.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 127 Local Government Act 1995 Section 5.22 Minutes of Council and Committee meetings 5.22 - that the minutes of a committee are to be submitted to the next Ordinary Meeting of the Council for confirmation. POLICY IMPLICATIONS There are no Council Policies that are relevant to this matter. State Emergency Management Committee Policy 2.5 – Emergency Management in Local Government Districts provides local governments are required to ensure that local emergency management arrangements are prepared for their districts. Local Emergency Management Arrangements should reflect the emergency management capabilities and responsibilities of the agencies and industries involved and recognise and comply with any of their statutory responsibilities. State Emergency Policy 2.5 also requires a Local Emergency Management Committee to meet every 3 months. Policy 2.5 (45) requires local governments to ensure that their arrangements are exercised annually. Exercises may be undertaken in conjunction with other emergency management agencies or by the local government alone. RISK IMPLICATIONS It is considered there are no risks associated with this matter. FINANCIAL IMPLICATIONS Budget There are no financial implications for the budget associated with this matter. Long Term There are no long term financial implications associated with this matter. SUSTAINABILITY IMPLICATIONS There are no sustainability implications associated with this matter. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028 The Community Experience, ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit.’ Strategic Objective: 2.4 Community Safety is recognised as paramount. The Environmental Experience, ‘Preserve and enhance the natural and built environment.’ Strategic Objective: 4.4 Council provides leadership and a responsive plan to manage our drying climate and

increasing storm and fire risk.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 128 CONSULTATION Membership of the LEMC is comprised of representatives from a number of external agencies as well as officers and elected members of the Shire of Capel. No further consultation is required. COMMENT The minutes provided as an attachment to this item are a true and correct record of proceedings. Council may note the following: GIVIT and MOU with Shire of Capel Consideration is being given to entering into an MOU with GIVIT to potentially help manage the large volumes of spontaneous donations which are offered during emergencies. Unfortunately, the management of donated goods is extremely labour intensive and places a significant burden on the emergency response/recovery effort. GIVIT is a national not-for-profit group connecting those who have with those who need, in a private and safe way. Those wanting to donate goods of good condition and quality, can do so through the GIVIT website. Those who are in need of goods, register with their local charity/assistance provider who in turn accesses the GIVIT website (virtual warehouse) and selects appropriate items. The LEMC has recommended that a decision regarding entering into a Memorandum of Understanding with GIVIT be held over until such time as the state body has finalised the new template for Partnership Agreements and it has been considered by the LEMC. Shire of Capel Animal Welfare Plan The purpose of the Animal Welfare Plan is to provide clear guidance to Shire Staff, Hazard Management Agencies and Supporting Agencies to assist the community with the care and management of domestic and native animals during an emergency event within the Shire of Capel. Emergency planning increases owner awareness of responsibilities and assists them to be self-sufficient. Owners that must evacuate and/or cannot put in place a plan to look after their animals, may need assistance from the community to temporarily hold their animals, rescue their animals or reunite straying animals with their owners. VOTING REQUIREMENTS Simple majority OC0330 OFFICER’S RECOMMENDATION – 16.2/COUNCIL DECISION Moved Cr Bell, Seconded Cr Scott 1. That Council receives the minutes of the Local Emergency Management Committee

meeting held on 19 December 2017 as a true and correct record of proceedings; and

2. The Shire of Capel Animal Welfare Plan be adopted as attached and incorporated into the Local Emergency Management Arrangements.

Carried 8/0


OC0331 (16.3) Local Emergency Management Committee Minutes

Location: Capel Applicant: Shire of Capel File Reference: EM.LEMC.1 Disclosure of Interest: Nil Date: 13.03.18 Author: Manager Emergency and Ranger Services, D Freeman Senior Officer: Executive Manager Community Services, M Plume Attachments: Local Emergency Management Committee Minutes 07.03.18 IN BRIEF To consider the minutes of the meeting of the Shire of Capel Local Emergency Management Committee held on 7 March 2018. RECOMMENDATION That Council receives the minutes of the Local Emergency Management Committee meeting held on 7 March 2018 as a true and correct record of proceedings. BACKGROUND / PROPOSAL Background The Shire of Capel Local Emergency Management Committee (LEMC) was established as an advisory committee to the Council in response to the obligations placed upon Local Government arising from the proclamation of the Emergency Management Act 2005. The Committee in accordance with the Emergency Services Act must meet at least four times per year and shall conduct an annual exercise. Proposal That the minutes of the meeting of the Shire of Capel Local Emergency Management Committee held on 7 March 2018 be received. STATUTORY ENVIRONMENT Emergency Management Act 2005 Sections 36 and 38 Section 36 provides that it is a function of a local government to ensure that effective local

emergency management arrangements are prepared and maintained for its district. Section 38 requires a local government is to establish one or more local emergency

management committees for the local government’s district. Local Government Act 1995 Section 5.22 Minutes of Council meetings 5.22 - that the minutes of a committee are to be submitted to the next Ordinary Meeting of the Council for confirmation. POLICY IMPLICATIONS Council Policy - There are no Council Policies that are relevant to this matter.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 130 State Emergency Management Committee Policy 2.5 – Emergency Management in Local Government Districts provides local governments are required to ensure that local emergency management arrangements are prepared for their districts. Local Emergency Management Arrangements should reflect the emergency management capabilities and responsibilities of the agencies and industries involved and recognise and comply with any of their statutory responsibilities. State Emergency Policy 2.5 also requires a Local Emergency Management Committee to meet every 3 months. Policy 2.5 (45) requires local governments to ensure that their arrangements are exercised annually. Exercises may be undertaken in conjunction with other emergency management agencies or by the local government alone. RISK IMPLICATIONS It is considered there are no risks associated with this matter. FINANCIAL IMPLICATIONS Budget There are no financial implications for the budget associated with this matter. Long Term There are no long term financial implications associated with this matter. SUSTAINABILITY IMPLICATIONS There are no sustainability implications associated with this matter. STRATEGIC IMPLICATIONS Shire of Capel Strategic Community Plan 2018 – 2028. The Community Experience. ‘Facilities and services that accommodate the diverse needs of the community and providing a safe place to live, work and visit’ Strategic Objective: 2.4 Community Safety is recognised as paramount. The Environmental Experience, ‘To ensure safe, sustainable and efficient infrastructure and transport networks’. Strategic Objective: 4.4 Council provides leadership and a responsive plan to manage our drying climate and

increasing storm and fire risk. CONSULTATION Membership of the LEMC is comprised of representatives from a number of external agencies as well as officers and elected members of the Shire of Capel. No further consultation is required.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 131 COMMENT The minutes provided as an attachment to this item are a true and correct record of proceedings. There are no specific items requiring a resolution of Council. At the conclusion of the meeting, the LEMC conducted a discussion exercise based around the establishment and administration of Incident Support Groups and Operational Area Support Groups. This focused not only on the roles of individual agencies, but also the expectations of local governments to provide the administrative support (agendas, minutes, chairperson etc) for meetings of the Incident Support Group. VOTING REQUIREMENTS Simple majority OC0331 OFFICER’S RECOMMENDATION – 16.3/COUNCIL DECISION Moved Cr Bell, Seconded Cr J Scott That Council receives the minutes of the Local Emergency Management Committee meeting held on 7 March 2018 as a true and correct record of proceedings.

Carried 8/0

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 132 Cr Schiano returned to the meeting at 7.36pm. NEW BUSINESS OF AN URGENT NATURE Nil PUBLIC QUESTION TIME

Mr Phil Harbour: Has the Shire got plans and will it consider at a council meeting to purchase accurate recording equipment to back up manual dictation or to move to digital recording.

Chief Executive Officer (CEO): The Shire has no plans to purchase recording equipment or to introduce the recording of Council meetings or moving to digital recording of meetings.

Mr Harbour: Why is the Shire unable to show leadership in making available the Cristal Global Dalyellup Waste Site yearly environmental reports to future generations and is the Shire willing to engage with stakeholders to establish a digital document bank in relation to the yearly environmental reports supplied to the Shire by Cristian Global.

CEO: I will take that question on notice.

Mr Harbour: With council voting to accept the motions of the electors meeting separately, the CEO then intervened on a position of discussing and voting on the motions , then altering the vote to be on officers recommendations not on the motions themselves whereby council had already voted to "consider the motions separately" . Does this intervention fall within the guidelines of council authority and which part of the local government act refers to this.


Mr Harbour: Then through the motions and recommendations voting started with from voting on officer recommendations and finished on voting on the motions. Why was the Council directive altered and is this consistent with regular practices.


Mr Harbour: Why were the overhead possum crossings which were to be installed by the developer as a legal requirement, a condition to mitigate impacts on the threatened species Western ringtail possum, under the federal EPBC act not installed. Did the Shire have a decision in this process. What advice did the Shire receive from the federal department of environment.


Mr Harbour: Can Council explain the payment of $2,255.27 made to the Bunbury Harvey Regional Council in today’s list of payments.

CEO Response: The Shire of Capel is a member of the Wellington Waste Group and contributes annual towards the costs of employment of a regional waste officer and regional waste promotions.

Mr Harbour: Are there any restrictions in the Shire of Capel to impede extraction of groundwater on the properties south of Hutt Drive Dalyellup, as these homes are only 20 -30 meters from the southernmost point of waste tailings.


Mr Harbour: Will the shire be placing signs on the beach directly west of the industrial waste site in Dalyellup. CEO: No Council will not be placing any signs on the beach.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 133 MOTIONS WITHOUT NOTICE (ABSOLUTE

MAJORITY BY COUNCIL) Nil NOTICES OF MOTION FOR CONSIDERATION AT

THE NEXT ORDINARY MEETING OF THE COUNCIL Nil ITEMS FOR CONSIDERATION BEHIND CLOSED DOORS The following item 21.1 will be considered for discussion behind closed doors (meeting will be closed to members of the public) as allowed under section 5.23 (2)(d) and 5.23(2)(f)(ii) of the Local Government Act 1995. (2) If a meeting is being held by a council or by a committee referred to in

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

(d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; (f) a matter that if disclosed, could be reasonably expected to — (i) impair the effectiveness of any lawful method or procedure for preventing,

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

OC0332 PROCEDURAL MOTION VOTING REQUIREMENTS Simple majority Moved Cr Scott, Seconded Cr Kitchen That Council closes the meeting to members of the public to dicuss the item behind closed doors as it relates to a matter relating to “legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting” under the Local Government Act 1995, section 5.23(2)(d).

Carried 9/0

Members of the Public and Staff left the meeting (except Kim Muste who was permitted to stay) at 7.44pm.

OC0333 (21.1) Compliance Action – Non Compliant Land Use – Motor Vehicle Wrecking

Location: Capel Applicant: Shire of Capel File Reference: LP.DA.1 Disclosure of Interest: Nil Date: 19.02.18 Author: Planning Officer, L Hughes Senior Officer: Executive Manager Engineering and Development Services, J Gick Attachments: 1. Location Plan 2. Aerial Photograph 3. Site photographs (27.10.17)


IN BRIEF

Council is requested to initiate compliance action in relation to the unauthorised land use of Lot 1 Roberts Road Capel. The site is zoned Rural under provisions of the Shire’s Town Planning Scheme (TPS7) and is being used for the wrecking and storage of motor vehicles without approval. Pursuant to section 218(a) of the Planning and Development Act (2005) the use of land without the approval of Council in contravention of the Scheme is an offence which carries a maximum penalty of $200,000.

VOTING REQUIREMENTS

Simple majority

OC0333 OFFICER’S RECOMMENDATION – 21.1/COUNCIL DECISION

Moved Cr J Scott, Seconded Cr McCleery

That Council approves initiating compliance action in relation to the unauthorised use of land for the purpose of Motor Vehicle Wrecking (storing and wrecking of motor vehicles) at at Lot 1 Roberts Road, Capel by:

1. Instructing Shire Solicitors to prepare documentation in relation to prosecutionfor use of land for the storage and wrecking of motor vehicles without thenecessary development approval;

2. Instructing Shire Solicitors to commence prosecution proceedings; and3. Advise the landowner of Council’s decision.

Mr Sheedy left the meeting at 7.48pm and returned at 7.49pm. Carried 9/0

OC0334 PROCEDURAL MOTION

VOTING REQUIREMENTS

Simple majority

Moved Cr J Scott, seconded Cr McCleery

That the meeting be reopened to the public.

Carried 9/0

The Presiding Member then read out the decision (21.1) above and the voting results for the

benefit of members of the public.

SHIRE OF CAPEL ORDINARY COUNCIL MINUTES – 28.03.18 ......................................... 135 MEETING CLOSURE The meeting closed at 7:56pm. These minutes were confirmed at an Ordinary Council meeting on 26 April 2018. Signed Presiding Person at the meeting at which time the minutes were confirmed. Date