table of contents - shire of bruce rock€¦ · · 2017-11-17table of contents table of contents...

SHIRE OF BRUCE ROCK

MINUTES – ORDINARY MEETING 19th

JUNE 2014

TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................................. 1

1. Declaration of Opening ................................................................................................................. 2

2. Record of Attendance / Apologies / Leave of Absence (Previously Approved) ................................. 2

3. Response to Previous Public Questions Taken on Notice ................................................................ 2

4. Public Question Time .................................................................................................................... 2

5. Petitions / Deputations / Presentations / Submissions ................................................................... 2

6. Applications for Leave of Absence ................................................................................................. 2

7. Environmental Health Officer Information Report .......................................................................... 3

7.1 EHO Information Report .............................................................................................................. 3

7.1.1 Dog Act 1976 – Establishment of Dog Exercise Areas/ Prohibition areas ................................... 5

7.1.2 Food Act & Health Act Matters – Lot 7 Johnston Street, Bruce Rock .......................................... 7

7.1.3 Local Planning Scheme 3 – Subdivision Lot 20187 McGellin Road, Bruce Rock ........................ 11

7.1.4 Caravan Park Upgrade – Tender ................................................................................................ 13

8. Manager of Works & Services Information Report ....................................................................... 15

8.1 Works Information Report ......................................................................................................... 15

9. Announcements by Presiding Member ........................................................................................ 17

10. Confirmation of Minutes ............................................................................................................. 17

11. Status Report .............................................................................................................................. 18

12. Officers’ Reports ......................................................................................................................... 26

12.1 Manager of Finance ..................................................................................................................... 26

12.1.1 Shire President’s Stamp ............................................................................................................. 26

12.1.2 Statement of Financial Activity .................................................................................................. 27

12.1.3 List of Payments ......................................................................................................................... 28

12.1.4 Purchase Order Policy – A1.4 ..................................................................................................... 29

12.1.5 Signatories to Council’s Bank Accounts ..................................................................................... 31

12.1.6 Management Letter – Deferred Pensioners .............................................................................. 33

12.3 Chief Executive Officer ................................................................................................................. 35

12.3.1 Appointment of Senior Employee .............................................................................................. 35

12.3.2 Staff Annual Performance Appraisals ........................................................................................ 38

12.3.3 Donation Request War Memorials ............................................................................................ 40

12.3.4 Woodstock Café Lease – New Owner ........................................................................................ 41

12.3.5 EHO/BS Service Provision ........................................................................................................... 42

12.3.6 Waterwise Council Program ...................................................................................................... 45

13. WEROC Report ............................................................................................................................. 47

13.1 WEROC Executive Meeting May 2014 ....................................................................................... 47

14. New Business of urgent nature introduced by discussion of the meeting. ..................................... 49

15. Confirmation and receipt of Information Bulletin. ........................................................................ 49

16. Closure of Meeting. ..................................................................................................................... 49

Shire of Bruce Rock – MINUTES 19th

June 2014

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SHIRE OF BRUCE ROCK

MINUTES – ORDINARY MEETING 19th

JUNE 2014

1. Declaration of Opening

The Shire President, Cr Strange, opened the meeting at 1.31pm on Thursday 19th June 2014, welcoming

all members and officers present.

2. Record of Attendance / Apologies / Leave of Absence (Previously Approved)

Shire President Cr SA Strange

Deputy President Cr IS Dolton

Cr DA Heasman

Cr MK Thornton

Cr R Rajagopalan

Cr MM Foss

Cr JJ Gmeiner

Cr NR Buegge

Chief Executive Officer Mr DRS Mollenoyux

Deputy Chief Executive Officer Miss Catherine Dunn

Manager of Finance Mrs JL Bow

EHO/Building Surveyor Mr John Mitchell (1.31pm to 1.56pm)

Manager of Works and Services Mr D Holland

Leave of Absence (Previously Approved) Cr MJ Royce

3. Response to Previous Public Questions Taken on Notice

4. Public Question Time

5. Petitions / Deputations / Presentations / Submissions

3.19pm- 3.56pm: Brookfield Rail – Future of Tier 3 Rail line in Bruce Rock

6. Applications for Leave of Absence

Cr MJ Royce and Cr DA Heasman have put in an Application for Leave of Absence for the July 2014

Ordinary Council Meeting.

COUNCIL DECISION

Resolution June 14-6.1

Moved: Cr Dolton Seconded: Cr Rajagopalan

That application for Leave of Absence is approved for Cr Royce and Cr Heasman for the Ordinary

Council Meeting to be held on the 17th July 2014.

Carried 7/0


June 2014

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7. Environmental Health Officer Information Report

Agenda Reference and Subject:

7.1 EHO Information Report

File Reference:

Reporting Officer: John Mitchell, Environmental Health Officer

Disclosure of Interest Nil

ENVIRONMENTAL HEALTH OFFICER

It is with regret that I advise Council I have advised the Chief Executive Officer that I have resigned my

position with the Shire of Bruce Rock. I thank Council for the time I have had with them and wish them

every success in the future.

I believe that the main tasks allocated at my commencement have reached fruition and seek that the

good works undertaken are not allowed to fail.

SEWER – STED SYSTEM UPDATE

Mr Vincent Pilot has advised (13/06/2014) that the results of the survey and the Water Corporation

findings to provide a STED system to the town of Bruce Rock are with the Minister for Water for a

decision. The administration has still not heard from The Honourable Mia Davies office regarding a

meeting to discuss those matters relating to Hyden and the connection fees and the cost of this as a

burden on the small regional community.

INDUSTRIAL LAND DEVELOPMENT

The provision of water to the lots is complete with the exception of final inspection and compaction.

This will be completed by 17 June 2014.

As at the 13th June 2014 the power components were on site along with the transformer. It is expected

that those works will be complete within four months.

For information the costs of development have been calculated and provide a cost price per block

Job Component Cost Comments

Supply of Power to lots 436, 437,

438, 439, 440 and 430

$73,838 Appears to be no other costs like

digging etc; Headworks component

included in first quotation

Headworks component Water $15,510 Std charge

Consultants Costs $16,000 Western Power component can be

claimed, Engineer costs cannot

Consultants Costs water supply $6,000 Onsite visits required by Water

Corporation

Water Mains extensions $25,000 Advertised closing 27 February 2014

Supply of sand $5,000 Council truck to provide (Best guess

at this time)

Contingencies $20,000 Reimbursement to BKE for power to

Lot 11

Less Payments $10,000

Total $151,348.00 12,576m2 available - $12.03c/m2

development costs for lots 436, 437,

438, 439 440 and 430

A report will be provided to Council at the July 17 meeting suggesting sale prices for the lots.


June 2014

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RESIDENTIAL LAND SUBDIVISION

The Western Australian Planning commission has advised that the Structure plan for the development

has been approved and endorsed by them. The advice has also been emailed to Eloise Healy of

LandCorp for advice and action to progress to a decision as to whether LandCorp will continue with the

development.

SLIDE POOL

Councillors may be aware that the wall to the slide pool has failed due to the failure to adhere to

directions issued to seal the walls with an approved sealant. The failure caused water to enter the

sikoflex seal/concrete wall join and expand the sikaswell beyond design capabilities leading to the failure

of the tiles and wall. The product Dryflex was provided by the EHO and was seen being used on the

internal of the water channel.

An engineer has reviewed the works and determined that the failure to dryflex seal the walls before

attaching tiles and the failure/lack of the glue on the tiles caused the total failure of the extended wall. A

repair has been provided and has been included within budget for the 2014/15 year

The report from the engineer is available for review.

COUNCIL DECISION


Moved: Cr Heasman Seconded: Cr Buegge

That the Environmental Health Officer/Building Surveyor information bulletin be received.

Carried 8/0


June 2014

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7.1.1 Dog Act 1976 – Establishment of Dog Exercise

Areas/ Prohibition areas

File Reference: 2.3.2.3 & 2.3.3.3



Summary

Report recommends that Council declares the Town oval (proper) Reserve 20855 and the Swimming

pool grounds (Reserve 24757) as a dog prohibition area. Also it is suggested that the pony grounds

(Reserve 15578) be declared a dog exercise area when there are no horses onsite or events being held

by the Pony Club.

Background

The Department of Local Government and Communities has advised that the Dog Amendment Act

removed he local government’s ability to make local laws in respect of dog exercise areas or to prohibit

dogs absolutely from areas, under a local government’s control. The amendment comes into effect from

31 July 2014.

The impact of this is that without a resolution from Council made pursuant to the provisions of Section

31 of the Dog Act 1976 Council cannot prevent dogs on the oval or areas where they should be

prohibited on Council and public properties.

Comment

The EHO and Ranger have reviewed the existing local laws and believe that the oval proper should not

be a dog exercise area and as the oval is used for public purposes and sports that dogs should be

prohibited from all lawn areas and be controlled on leashes.

The reasons are all public health related and include transmission of disease through open wounds from

dog urine and faeces; dogs and children should not mix in a public place environment off leash

particularly when the dog is not known by the child and the risk of incident from a public liability

perspective.

As animals defecate on the ground at the pony Club the area was assessed as a better location to allow

a dog exercise area.

Section 31 (2) does not permit the local government to determine the use of a public area outside its

control.

Does Council seek to provide exercise areas or prohibit dogs from areas within Council control at other

locations?

Consultation

There has been no consultation relating to the amendments to the Dog Act or to the public relating to

the removal of the restrictions within the Dog Act. The Joint Standing Committee on delegated

legislation has also requested that the Council resolutions be in keeping with the Disability

Discrimination Act 1992 i.e. not prohibit guide dogs.

There has been no contact with the Pony Club users.


June 2014

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Local governments are required to give 28 days’ notice of the intention to specify dog prohibited or dog

exercise areas.

Statutory Implications

Section 31 of the Dog Act 1976.

Policy Implications

There are policy implications in that the decision of Council will form the basis of a policy of Council

relating to the exercise of dogs.

Financial Implications

Advertising costs of approximately $500 will be incurred to provide signage and advertise the decision in

a local newspaper.

Strategic Implications

4.1 Provide good strategic decision making, governance, leadership and professional management, 4.1.3

Deliver services that meet the current and future needs and expectations of the community, whilst

maintaining statutory compliance, 4.1.3.6 continue to deliver services to the community in a safe and

responsible manner.

Voting Requirements

Absolute Majority required as setting a policy for enforcement.

OFFICER RECOMMENDATION AND COUNCIL DECISION

Resolution June 14-7.1.1

Moved: Cr Rajagopalan Seconded: Cr Heasman

1) That the grassed areas (the oval proper) within Reserve 20855 (Recreation Centre grounds) and

the public accessed component of the pool fenced area within Reserve 24757 (Aquatic Centre)

exclusive of car-park are dog prohibited areas pursuant to section 31 of the Dog Act 1976;

2) That Reserve 15578 is declared a dog exercise area providing there are no horses present on the

land or the Pony Club is running a scheduled event.

Carried by absolute majority 8/0


June 2014

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7.1.2 Food Act & Health Act Matters – Lot 7 Johnston

Street, Bruce Rock

File Reference: A327



Summary

Report provides an update to Council on the issues with the Bruce Rock Hotel and seeks endorsement of

the actions taken in invoking the provisions of Section 140 of the Health Act relating to the Declaration

of unfit notice (Section 135 of the Health Act 1911).

Background

At the February 2014 meeting Council declared the first storey veranda unfit for human habitation

pursuant to Section 135 of the Health Act 1911 and pursuant to Section 139 of the Health Act required a

Structural Engineers report on the condition of the veranda within 30 days of the issue of the notice.

Comment

The notices issued pursuant to the Health Act 1911, Public Building Regulations 1993, Food Act 2008 and

Council’s Health Local Laws 2006 have not been complied with. Issues including replacing the

deteriorated floor coverings, repairing the leaking roof and ceilings in the kitchen remain outstanding. In

addition there have been issues with the septic waste disposal (Pumps, blockages and access) which

have been rectified by the new licensee on 12 June 2014.

Other outstanding issues include the fire safety requirements within the accommodation units and

general repairs to the building.

The department has issued a formal letter advising the owner of the suspension of the licence for the

hotel, the issue of a protection order and the need for a Section 39 health clearance signed by the

Environmental Health Officer prior to reopening the premise.

As the notices issued pursuant to Section 135 & 139 of the Health Act 1911 had not been acted upon

and a public liability issue existed involving the Shire of Bruce Rock the EHO acted to protect Council’s

interests.

Endorsement of this action is sought.

Consultation

The provisions of the Liquor Licencing Act 1988 require the local government to provide copies of

notices served on licenced premises to the Department of Racing, Gaming & Liquor.

Throughout this matter the EHO has ensured that all parties (Not new licensee) are advised of the

actions taken and the potential ramifications for non-compliance. All formal notices have included

appeal rights.

It is understood that the actions taken by the owner with respect to the previous licensee do not relate

to the Health Act and Food Act matters raised according to information received from the owner.

The temporary repairs undertaken on 9th June 2014 have been referred to the engineer for comment

and approval.


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Section 140 of the Health Act states whenever any owner fails to comply with a notice served upon him

under any of the foregoing provisions of this part, within a time therein specified, he commits an

offence, and the local authority may carry out the terms of the notice and recover all expenses from the

owner.

Policy Implications

There are no policy implications.


Council’s costs to date are $800 and have been utilised from the Litigation component of the EHO

budget program.

Correspondence bas been sent to the owner seeking reimbursement. If negotiation proves unsuccessful

Council can resolve to sell the property to recoup costs.



Deliver services that meet the current and future needs and expectations of the community whilst


responsible manner.

Voting Requirements

Simple Majority



Moved: Cr Thornton Seconded: Cr Gmeiner

1) That Council endorses the actions of the Chief Executive Officer and Environmental Health Officer

in invoking the provisions of Section 140 of the Health Act 1911 and performing the works of

engagement of an engineer to assess the structural integrity of the veranda for Lot 7 Johnson Street

Hotel premise over the Council footpath.

2) That the owner of Lot 7 Johnson Street, Bruce Rock be advised that the repairs for the veranda

are to be completed within three months of this advice to him i.e. no later than 30 September 2014

or restricted access to the Hotel premise from the corner of Johnson Street and Bath Street will be

prevented.

Carried 8/0


June 2014

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Bruce Rock Hotel – Lot 7 Johnson Street, Bruce Rock

Findings of Inspection of Food Premise Veranda – 12th June 2014

As a result of the failure of the owner and licensee to address the deteriorating condition of the main

veranda over the footpath within the time limits specified the EHO enacted Section 140 0f the Health

Act 1911 and proceeded to engage the Engineer to perform the assessment.

On the 3rd June 2014 the engineer attended the site. The report of the Engineer appends and in

summary declares the veranda unsafe due to lack of maintenance and advises Council to close the

footpath under the veranda until the access is made safe. The EHO immediately arranged for barriers

and warnings to be erected.

I met with Rob Butcher on Monday 9th June 2014 at 12pm to discuss the Structural Engineers report. I

advised him that all works are required to be approved by the Structural Engineer prior to the EHO

signing the works off as compliant. Discussions included dyna-bolting the temporary fix for the main

entry, use of rafter straps to the rafters over the secondary entry and that all repairs must be carried

out using brass or stainless steel wood screws of sufficient size to hold the structure together.

The inspection of 12th June 2014 determined the following: -

a) Galvanised metal had been used for the rafter straps. The Engineer will confirm if the supports are

sufficient.

b) A temporary repair has been carried out on the corner entry to support the decorative beam above

the entry. The temporary repair is only permitted for three months or lesser period until a new

beam is sourced. A request to change the nail fixing to ground was given by the EHO to ensure

that the columns and fixings could not be further damaged by impact.


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The balance of the footpath has been closed to the public.

The remaining repairs include replacing all used tek screws with timber screws of sufficient diameter

and length to hold the structures correctly, replacing all deteriorated timber components and

removing the C Channel installed at the veranda edge which is causing a lot of the water retention

within the timber ceiling.

Mr Butcher is yet to confirm a time period for compliance.


June 2014

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7.1.3 Local Planning Scheme 3 – Subdivision Lot 20187

McGellin Road, Bruce Rock

File Reference: A77



Summary

Report recommends that Council advise the Western Australian Planning Commission (WAPC) that there

are no conditions proposed by the Shire of Bruce Rock for the proposed subdivision of four lots to two

lots within Lot 20187 McGellin Road, Bruce Rock.

Background

An application to subdivide lots 19671, 11235, 16944 & 20187 into two lots has been received from the

WAPC on behalf of Graeme & Jennifer Shearing & PY Fink & Gradjen Pty Ltd.

Comment

The application states that the land use is rural residential which is contrary to the Shire of Bruce Rock

Local Planning Scheme 3 and will be advised to the WAPC that the correct land use is Rural.

The application indicates two dwellings within the proposed lots. Boundary clearances of 20m to

boundaries are required pursuant to the Shire of Bruce Rock Local Planning Scheme. This is achieved.

Consultation

There is no requirement for the Shire of Bruce Rock to consult with the public or seek submissions on

the proposed subdivision.


Council must provide comment on the proposal as required by the provisions of the Local Planning

Scheme text.

Policy Implications

There are no known policy implications.


There are no financial implications to the Shire of Bruce Rock.



Deliver services that meet the current and future needs and expectations of the community, whilst


responsible manner.

Voting Requirements

Simple Majority


June 2014

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Moved: Cr Buegge Seconded: Cr Thornton

That the Western Australian Planning Commission be advised that the Shire of Bruce Rock has no

objection regarding the subdivision application 20187 however provides the following comments:

a) The land is zoned “Rural” with rural uses applied. Council has not approved a rural residential use

to the land; and

b) The dwellings are located at least twenty metres inside boundaries proposed.

Carried 8/0


June 2014

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7.1.4 Caravan Park Upgrade – Tender

File Reference:

Reporting Officer: Stephen Fry, Natural Resources Management Officer


Summary

Tenders for the supply of 4 units to be erected as part of the Caravan Park’s upgrade have been received

and the recommended supplier to be endorsed by Council.

Background

Tenders were received from 7 companies and based on price and conformation to tender specifications,

3 were short listed for further inquiry.

The three short listed companies were:

McGrath Homes - $334,782.71

WBS Modular - $341.263.00

MRN TR Homes - $289,140.00

Comment

On Thursday 12th June, John Mitchell, Stephen Fry and Ashleigh Waight travelled to Perth and inspected

display homes at all three construction facilities to ascertain whether there were any marked differences

in quality and workmanship which would set one company apart. Councillor Gmeiner also attended the

inspection at TR Homes. At WBS, only a part finished home was available for inspection.

All three tenderers built similar homes and had similar options for all optional fitouts and claddings.

Quality appeared to be similar throughout and they all appeared to have similar dedication to quality and

workmanship. At no site, did we actually inspect a unit similar to those being tendered for, as there were

none on display or under construction.

TR Homes were the lowest tenderer and had a 6 month maintenance period versus 4 months for

McGrath Homes. TR Homes were also able to start construction immediately, whereas MacGrath Homes

were very busy and a delay to start may have been encountered. The expected delivery date for TR

Homes would be late November 2014.

The prices quoted do not include blinds, air conditioning; hook ups to services or on site works.

Prices quoted were for standard portfolio designs and alterations to tendered designs will be required to

suit site specific requirements. Changes to fitout may also be required, such as changing from vinyl

flooring to tiles, repositioning kitchen, in cavity sliding doors on bathrooms and perhaps reducing length

of units to accommodate a small verandah.

Consultation

John Mitchell, Ashleigh Waight, Stephen Fry, Darren Mollenoyux


Local Government Tender Regulations

Policy Implications

Nil



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Council initially budgeted $210,000 for the supply and delivery of 2 x 1 bedroom units, 1 x 1 bedroom

disabled unit and 1 x 2 bedroom unit. Given the tendered prices, Council either needs to increase the

allocated budget for this item or purchase one less unit.

Strategic Implications Nil

Voting Requirements Absolute Majority

Officer Recommendation

Recommend that Council award the supply contract to TR Homes, for the provision of 1x2bedroom unit,

1x1bedroom disabled unit and 2x1bedroom units for the upgrade to the Caravan Park.

Recommend that Council increase the 2014-15 budget allocation for purchase of 4 accommodation units

for the Caravan Park upgrade to $300,000.

Council Decision varies from Officer Recommendation due to Council deciding to add a recommendation

giving the CEO discretion over any adjustments required to the layout and materials of the units.

COUNCIL DECISION


Moved: Cr Dalton Seconded: Cr Rajagopalan

Recommend that Council award the supply contract to TR Homes, for the provision of 1x2bedroom

unit, 1x1bedroom disabled unit and 2x1bedroom units for the upgrade to the Caravan Park.

Recommend that Council increase the 2014-15 budget allocation for purchase of 4 accommodation

units for the Caravan Park upgrade to $300,000.

Recommend that the CEO be given discretion over any adjustments required to the layout and

materials of the units.


Mr John Mitchell left the Council Chambers at 1.56pm and did not return.


June 2014

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8. Manager of Works & Services Information Report


8.1 Works Information Report

File Reference:

Reporting Officer: Manager of Works & Services, David Holland


Town & Gardening Crew

• The town crew have completed the two bridges on the Shackleton Kellerberrin Rd and the culvert

and bridge works on Bruce Rock East Rd. The construction crew will finish the works once the Bruce

Rock East Rd is sealed.

• The crew will start the foot path on Dampier St and when completed will finish the pipe works at

the old Water Authority dam.

• The gardening crew have been involved in the general maintenance and clean up works around

town and our out centres.

Construction Crew

• The maintenance crew have been helping the construction crew out on the Bruce Rock East Rd, and

are now continuing the maintenance grading.

• The construction crew are completing the Bruce Rock East Rd and will be shifting over to Ardath to

complete one of the Grain Freight routes. This will take them to the end of financial year and

beyond.

Workshop

• Gary & Jamie have carried out general machinery maintenance and have all of the machines up and

running with only a small amount of break downs this month.

Rec Centre

• Damien has started on his winter program with the completion of verti-mowing and fertilising the

oval while there is a break from groups playing on the surfaces.

Employees

• We have employed a new town gardener to replace Nola on the gardening crew. Kaley McGregor

has been appointed in this role.

Vehicles

• We have purchased a Mazda CX5 SUV for the Deputy CEO.

• The XR6 used by the Be Active Coordinator will be sold at auction as soon as possible after the

purchase of the DCEO’s vehicle.

Discussion Points

1. Fuel tank for the depot: It was budgeted to purchase a new tank and pump for the depot.

Quotations and installation was put on hold due to investigating future fuel facilities. The old tank

in the depot needs an urgent upgrade to meet compliance and new standards; I ask that Council

discuss this so we can come up with a solution that will allow changes to occur, and the safety of

our staff.

2. Vehicle Replacement: As Council has noticed over the past 12 months the trade values of our

vehicles, such as SUV’s, Utes and four wheel drives, have not been to the betterment of the

Council. It has been proposed that we take all managers and foremen’s vehicles except the CEO’s

out to a two year trade period. This should get the best utilisation from the vehicles and still allow


June 2014

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Council to if written off, purchase new for old, and possibly get a better trade valuation or auction

price. The suggestion is to start this process from 2014/15 financial year.

3. Tip Loader: There was a request put to Council for the replacement of the tip’s loader. With the

loader continuing to break down, it would be better for Council to replace it as soon as possible.

COUNCIL DECISION


Moved: Cr Rajagopalan Seconded: Cr Buegge

That the Manager of Works and Services information bulletin be received.

Carried 8/0

Mr David Holland left the Council Chambers at 2.12.pm.


June 2014

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9. Announcements by Presiding Member

The Minister of Transport is coming on 29th July 2014 to discuss Grain freight and Main Roads projects.

Cr Strange gave evidence at the grain inquiry held on 13th June 2014. Matters discussed included the

impact on roads and lack of funding provided to address this. A report from the inquiry is expected to

be received in mid-August.

10. Confirmation of Minutes

Ordinary Meeting of Council held on Thursday 15th May 2014



Moved: Cr Rajagopalan Seconded: Cr Thornton

That the minutes of the Ordinary Meeting of Council held Thursday 15th May 2014 be confirmed as a

true and correct record.

Carried 8/0

Ordinary Meeting of Roads Committee held on Monday 9th June 2014



Moved: Cr Dolton Seconded: Cr Buegge

That the minutes of the Ordinary Meeting of the Roads Committee held Monday 9th June 2014 be

confirmed as a true and correct record.

Carried 8/0


June 2014

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11. Status Report

Presentation of Status Report for May Resolutions

ITEM RESOLUTION / ACTION REQUIRED RESPONSIBLE

OFFICER

RESPONSE OR STATUS

Resolution May 14-7.1.1

Lease Agreements – Lot 338

Farrall Street Bruce Rock JR &

ML Ashmore

That the Department of Lands be advised that Council

seeks for the lease arrangements with Mr Ashmore

(Why Worry Transport of Lot 338 339 Farrall Street

Bruce Rock), to include the following: -

a) That lots 337, 338 and 339 are to be fenced using

1.8m colorbond/galvanised fence panels to screen

the depot from the surrounding predominantly

residential area;

b) That there is a requirement to maintain the site

free from vermin harbourage and products that

encourage vermin harbourage; and

c) Not to store materials/product on site for periods

exceeding seven days.

EHO Correspondence sent to Department advising of Council’s

decision

Resolution May 14-7.1.2 Alternate Power Supplies –

Recreation Centre, Aquatic

Centre & Hydro Pool

1)That the Shire of Bruce Rock accept the offer from

Solar Gain to install a solar PV system to the

Recreation Centre, Aquatic Centre and the

Hydrotherapy Pool building at a cost of $87,245

inclusive of SSTC’s and exclusive of GST;

2)That the purchase of the Solar PV systems be

funded by raising a debenture from Western

Australian Treasury Corporation.

EHO/MOF All form works have been completed and more paperwork

received 12/06/2014.

EHO to review and provide to CEO for action/signing and

submission.

Resolution May 14-7.1.3

Local Planning Scheme – Over

height building – Lot 38

Butcher Street, Bruce Rock

That the proponent be advised that Council will

provide Local Planning Scheme consent for a 91m2 x

3.5m wall height x 4.2m ridge height out building to

be constructed on Lot 38 Butcher Street, Bruce Rock

providing all procedures for approval are followed.

EHO Advise sent to applicant


June 2014

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Resolution May 14-7.1.4 Residential Land Subdivision –

Naming of Road

That the street to service the residential subdivision

be called Curlew Drive and the second alternative to

be Sandalwood Drive.

EHO Application has been submitted.

Resolution May 14-12.1.5 Community Budget Requests

That Council;

i. Gives in principle support to the building upgrade

by Bruce Rock St John Ambulance; and

ii. includes the following projects in the 2014/15

Budget, subject to adoption;

*St Mary’s Church – Hire of Cherry Picker

*Bruce Rock Playgroup – Upgrade

*Ardath Golf Club – Repairs to building

MFC Correspondence sent to community & sporting groups.

Resolution May 14-12.2.1 Bush Fire Policy Amendments

That the Council adopts the “Bush Fire Policy” (as

amended) for incorporation as an official policy of the

Council at Item O1.1 of the policy manual.

DCEO Policy Manual to be updated.

Resolution May 14-12.3.2 Merredin College – Chaplaincy

Support

That Council declines to make a donation towards the

Merredin College Chaplaincy Service.

CEO Correspondence sent

Resolution May 14-12.3.3 Uniting Church Building

That Council writes back to the Uniting Church Body

and request them to consult with their local parish

prior to Council making a decision.


Resolution May 14-12.3.4 Donation request youth

parliament 2014

That Council declines to make a donation to Lachlan

Hunter.



June 2014

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Status Report

Ongoing Items as at 19th June 2014

ITEM RESOLUTION / ACTION REQUIRED RESPONSIBLE

OFFICER

RESPONSE OR STATUS

Resolution Nov12-7.1.4

Road Resumption, dedication and

maintenance Lot 248 Dunstall

Street

1. That the Council of the Shire of Bruce Rock agrees to

relinquish a portion of Lot 248 Dunstall Street (the

Recreation Centre) as shown on the attached sketch

plan for the purposes of providing road access to the

landlocked lot 26240 on the condition that Lot 26240 is

subdivided in accordance with the Outline

Development Plan submitted for consent to the

Western Australian Planning Commission;

2. That the Shire of Bruce Rock requests the Honourable

Minister for Lands to create the road reserve as shown

on the sketch plan, through Lot 248 Dunstall Street to

provide access to the residential lots to be created

within Lot 26240 Bruce Rock Merredin Road, Bruce

Rock; and

a) Council advises that the road created is the

responsibility of the Shire of Bruce Rock to

maintain;

b) The Shire of Bruce Rock indemnifies the

Minister for lands, pursuant to Section 56(4)

of the Land Administration Act 1997 in an

amount equal to the amount all costs and

expenses reasonably incurred in considering

and granting this request; and

c) The road is requested to be named

(deliberately left blank for Council input – no

admin resolution required).

3. That if the provisions of Clause 56 of the Land

Administration Act 1997 are not applicable for this type of

application that the Council of the Shire of Bruce Rock

requests the Honourable Minister consider this request

pursuant to Clause 59(1)(b) and will comply with the

provisions of Clause 59(2) & 59(3) with the notations

relevant to indemnity, responsibility of maintenance and

EHO In hand & Progressing

Requests from ALCAM assessment issued, RFQ classes

13/8/2013.

EHO to present late item to Council to appoint a consultant.

Letter to Minister October 2013, seeking meeting to resolve

decision of PTA to not approve either location – No response

as at 12.12.13.

CEO, EHO, MWS & Cr Heasman met with representatives

from PTA & Brookfield’s on 30/01/2014. An update will be

provided at Council Meeting.


June 2014

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21

Resolution Feb 14-7.1.4

Rail Crossing Proposal Shire of

Bruce Rock

construction and the street name to apply.

That Council resolve to, pending all avenues being

exhausted for the subdivision access across the railway

line, create an alternative entrance road option to the new

subdivision from Dunstal Street, to link with the current

road on the eastern boundary of the oval, and widen the

existing access road to accommodate the increase in

traffic.

The Hon Jim Chown has contacted the President , CEO & EHO

and has requested that Land corp & WAPC to hold the

application whilst he resolves. (as at11.3.2014)

Engineer completing road design and preparing info for

MOWS to cost.

Resolution Feb13-7.1.6

Local Government Act 1995 –

Application to Lease Council

Lands – Lot 437, 76 Dampier

Street, Bruce Rock

That Council agrees to lease Lot 439 Dampier Street to

Daly International, on behalf of Ericsson representing NBN

Co Limited for $4,000 plus GST per annum with the

condition that the provision of water and power

infrastructure, land maintenance (e.g. bushfire control)

and advertising costs is at the lessee’s expense.

EHO 8/08/2013 – Awaiting quotations for works

9/12/2013 – Unofficial advice received that NBN roll out

cancelled.

Resolution Nov 13-12.3.5

Quarry Lease

That Council advise Mr Frank Gillham of Midlands Mining

and Development Pty Ltd that it declines his request for

financial assistance to perform a blast at the quarry site

leased from the Shire of Bruce Rock.

And

That Council offer Mr Gilliam of Midlands Mining and

Development Pty Ltd the option of relinquishing his lease

from the Shire of Bruce Rock.

CEO Letter sent to Mr Gilliam, response was provided at February

2012 Council meeting.

Resolution Dec 13-7.1.2

Health – Infill Sewerage Program

– Town of Bruce Rock

1) That Council confirms its commitment to the provision

of a grey water STED system to the town of Bruce Rock;

2) That Council enters into discussions with the

Honourable Minister for Water that Council in regards to

council’s co-contribution towards the STED project;

3) That Council seeks to convey the information to the

public via a letter drop (Letter contents the known issues,

the health concerns, town development restrictions, costs

to owners of properties and costs to the community to

achieve the infrastructure provide a simple yes no more

information component for support for the infrastructure

and include a request to attend a public meeting to resolve

any concerns raised),invitation to a public meeting and a

display within the front foyer area of Council;

4) That the date for the public meeting relating to the

EHO Information conveyed to Water Corporation December 2013.

New report to Council February 2014.


June 2014

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22


Provision of Sewer to Bruce Rock

Town-site

provision of a STED sewerage system in the town of Bruce

Rock be determined at the February 2014 Council Meeting

anticipating that the meeting will be held in March 2014;

5) That Council does not seek to increase irrigation areas

beyond those agreed with the Water Corporation until the

system is installed and proven operational, however that

as a contingency any excess will be utilised on fairways at

the Bruce Rock golf club.

That Council advise the Water Corporation that the date

for the public meeting to discuss and seek public input into

the provision of sewer to the town of Bruce Rock be the 27

March 2014 at the Town Hall Johnson Street, Bruce Rock.

Meeting date at WDC arranging meeting notes etc. Request

Councillor attendance

Awaiting outcome from survey.


Health Act – S135 Notice – Lot 7

Johnson Street, Bruce Rock

1) That the First Storey veranda and western

storeroom (behind the food preparation area and west of

the kitchen of the Bruce Rock Hotel Lot 7 Johnson Street,

Bruce Rock, as shown on the attached plan, is declared

unfit for human habitation effective from 21 February

2014 and that the owner be requested to comment on

repair or demolition of the areas within the notice

pursuant to Sections 137 and 139 of the Health Act 1979.

2) That the owner be advised of the decision to

declare components of the Hotel unfit and seek a letter of

commitment to address the issues relevant to the

condition of the premise in relation to the external

maintenance of the building (i.e. Health Local Law, Health

Public Building Regulations 1992) within six months of the

correspondence.

3) That the Council supports the commencement of the

issue of a formal prohibition notice on outstanding Food

Act 2008 improvement notices issued during 2013 against

the food premise – Bruce Rock Hotel Lot 7 Johnson Street,

Bruce Rock in accordance with the email received from Mr

Lance White with a last chance deadline in accordance

with that email dated 19/02/2014.

EHO Notice served on publican & owner; Food Act 2008 notice

agreement commenced, Works to improve continuing.

Update to be provided at Council Meeting


June 2014

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23


Land Sale – Lot10&11 Swan

Street, Noonajin Road

1) That Council agree that the distribution of costs

for the provision of power to lots 11, 436 – 440 and 430

(bounded by Strange, Dampier Streets and Noonajin Road)

be as follows: -

Lot No. Area % Costs

11 4067 $23,873.29

436 3014 $17,692.18

437 2022 $11,869.14

438 2040 $11,974.80

439 1650 $9,685.50

440 1650 $9,685.50

430 2,200 $12,931.59

2) That Council agrees to reimburse Bruce Rock

Engineering the sum of $19,568.71 which was paid by

Bruce Rock Engineering to Western Power to provide

power to lots 11 and 439, subject to final invoice of

project.

3) That the sale of Lot 10 and 11 to Bruce Rock

Engineering Pty Ltd proceed on the basis of this report

(Bruce Rock engineering $100,000 + GST owing).

EHO Settlement Agent contacted; Bruce Rock Engineering agreed

to cost distribution; Awaiting S.A response to arrange

transfer of Title Deeds & payments to Council.

Resolution Mar 14-7.1.1

Budget – Light Industrial Land

Development Strange & Dampier

Street Final Costings

a)That the Light Industrial Land project to provide power

and water to lots 436, 437, 438, 439, 440 and

430 Bruce Rock Light Industrial lots proceed with a budget

of $195,000.00 and as communications

infrastructure is available by wireless that hard line

communication not be provided;

b)That the quotation from Blackwell Plumbing Pty Ltd to

install 107m of 100mm mains water pipe

extension of $24,490.00 + GST be accepted.

EHO Purchase Orders have been issued, Contacted the water

Corporation, signed, set up meetings with WC requested.

Works have commenced


Local Planning Policy – Moveable

Buildings – Proposal to Adopt for

Advertising Purposes

That the draft policy – Moveable Buildings be advertised in

accordance with the requirements of

Clause 2.4 of the Shire of Bruce Rock Local Planning

Scheme No.3 and that at the end of the

submission period that the matter be brought back to

Council for determination.

EHO Advertised for public comment week commencing 8/04/2014


June 2014

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24

Resolution Apr 14-7.1.1

Landfill Site – Contractors Fees

and Charges

That Council considers the proposed amendments to the

contract for the maintenance of the Bruce Rock Landfill

site.

EHO Copy provided to Mr Fuchsbichler for review on 30th April

2014.


Local Planning Policy –

Outbuildings on Residential Land

That the draft policy – Outbuildings be advertised in

accordance with the requirements of Clause 2.4 of the

Shire of Bruce Rock Local Planning Scheme No.3 and that

at the end of the submission period that the matter be

brought back to Council for determination.

EHO Advertised set to paper 5th May 2014.


Stormwater Management

Programs

That Council note the proposed actions to address and

improve stormwater collection and controls within the

town of Bruce Rock.

EHO/ MFC Jen Bow MFC is to handle this task.


Alternative Power Supply

That quotations be called to provide solar PV systems to

the Recreation Centre, Aquatic Centre and the

Hydrotherapy pool building and that the matter be further

discussed at the May 2014 meeting of Council.

EHO An item will be presented at May 2014 meeting.


Bush Fire Advisory Committee

That;

1. The minutes of the Bruce Rock Bush Fire Advisory

Committee meeting held on the 14th March 2014 be

received, and

2. The following committee resolutions be adopted:

a. Mr Ian Dolton be elected as the Chief Bush Fire Control

Officer for the Shire of Bruce Rock,

b. Mr Don Heasman be elected as the Deputy Chief Bush

Fire Control Officer for the Shire of

Bruce Rock, and

c. Mr Darren Mollenoyux and Tamara Olsson be Officers

responsible for weather readings and issue of burning

permits.

DCEO To be gazetted once new Deputy CEO has been appointed

Gazettal to occur now new Deputy CEO appointed


June 2014

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25


CEACA Housing Business Case

Proposal

That Council provides in principal support to the CEACA

Business Case for Aged Housing in Bruce Rock and the

partnering local governments.

CEO Update will be provided at Council Meeting.

COUNCIL DECISION

Resolution June 14-11

Moved: Cr Heasman Seconded: Cr Gmeiner

Council receives the Status Reports, as presented.

Carried 8/0


June 2014

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26

12. Officers’ Reports

12.1 Manager of Finance


12.1.1 Shire President’s Stamp

File Reference:

Reporting Officer: Mandy Butler, Senior Finance Officer


Summary

Use of Shire President’s stamp in May 2014.

Background Nil

Comment

As per Council’s policy, the Shire President’s stamp has been used during the month of May 2014 as

follows:

9th May 2014 – All Property Conveyancing

Transfer of Monies – Pundit Pty Ltd

Consultation Nil

Statutory Implications Council Policy

Policy Implications Nil

Financial Implications Nil

Strategic Implications Corporate Governance

Voting Requirements Simple Majority



Moved: Cr Buegge Seconded: Cr Thornton

That Council endorse the use of the Shire President’s stamp during May 2014.

Carried 8/0


June 2014

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27


12.1.2 Statement of Financial Activity

File Reference:

Reporting Officer: Jennifer Bow, Manager of Finance


Summary

A statement of financial activity must be produced monthly and presented to Council.

Background

In accordance with the Local Government Act 1995, a statement of financial activity must be presented to

each Council meeting, including a comparison to the budget and variance from it. It must also include

explanations of any variances.

Comment The financial statement for the month ending 30th May 2014 will be presented to council as

a late item.

Consultation Nil

Statutory Implications Local Government (Financial Management) Regulations 1996, reg 34.







Moved: Cr Rajagopalan Seconded: Cr Gmeiner

That the Statements of Financial Activity for the month ending 30th May 2014, as presented, be

received.

Carried 8/0

The meeting adjourned at 2.56pm for afternoon tea.

Meeting resumed at 3.19pm with all Councillors and staff returned.

Megan McCracken, Roy Spurr and Michal Golinski from Brookfield Rail entered the meeting at 3.19pm to

make a presentation on their future rail directions.

Mr David Holland returned to the Council Chambers at 3.19pm for the Brookfield Rail presentation.

Mr David Holland left the Council Chambers at 3.56pm and did not return.

Brookfield Rail representatives left the Council Chambers at 3.56pm and did not return.


June 2014

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28


12.1.3 List of Payments

File Reference:

Reporting Officer: Mandy Butler, Senior Finance Officer


Summary

List of payments since last Council meeting.

Background

As the CEO has been delegated the authority to make payments from the municipal and trust funds, a list

of payments made is to be presented to Council each month. Also in accordance with Finance Policy

Number F1.1, included is a list of payments made with Council’s credit card.

Comment Nil

Consultation Nil

Statutory Implications Nil







Moved: Cr Thornton Seconded: Cr Rajagopalan

That Council endorse the list of payments from the Municipal Account consisting of EFT voucher

numbers EFT7668 to EFT7807; cheque number 23118 to 23152; totalling $1,095,133.31.

Carried 8/0


June 2014

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29


12.1.4 Purchase Order Policy – A1.4

File Reference: 8.2.1.3 General Banking

Reporting Officer: Jennifer Bow, Manager Finance & Compliance


Summary

Review the policy regarding authorisation to sign purchase orders.

Background

Council adopted a policy for authorisation of purchase orders.

The policy provides guidelines for who is authorised to sign purchase orders.

Comment

During our Financial Management Review, staff discovered that the Signing Purchase Orders Policy A1.4

contained an error, as the Natural Resource Management Officer (NRMO) was not listed as having

authority to sign purchase orders.

Following the resignation of Council’s Environmental Health Officer, the new leading hand of the Building

Maintenance Crew will also require authority to sign purchase orders, but to a limit of $1,500.

Additionally, as Council no longer employs a Builder, to remove that position from the policy.

Consultation

CEO, DCEO & MOF


Nil

Policy Implications

Amend A1.4


Nil


Shire of Bruce Rock Strategic Community Plan 2013-2023

Civic Leadership

4.1.3 Manage the organisation in a responsible and accountable manner

4.1.3 Deliver services that meet the current and future needs and expectations of the community, whilst

maintaining statutory compliance

Voting Requirements

Simple Majority




That Council adopts the reviewed policy A1.4 Signing Purchase Orders.

Carried 8/0


June 2014

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30

DEPARTMENT ADMINISTRATION

POLICY REFERENCE A1.4

DESCRIPTION SIGNING PURCHASE ORDERS

DATE Adopted on 13th

March 2003

PREAMBLE Policy in respect to who is authorised to sign purchase orders on behalf of Council

OBJECTIVE To give Council guidelines in respect of who is authorised to issue purchase orders for items

that have been itemised in the budget.

POLICY Purchase orders can only be signed by;

Position Maximum (ex GST)

Chief Executive Officer As per Budget

Deputy Chief Executive Officer As per Budget

Manager of Finance As per Budget

Manager of Works and Services As per Budget

Environmental Health Officer/Building Surveyor As per Budget

Senior Finance Officer As per Budget to a maximum of $1,500

Mechanic As per Budget to a maximum of $25,000

Foreman – Roads As per Budget to a maximum of $25,000

Foreman – Town As per Budget to a maximum of $25,000

Aquatic Centre Manager As per Budget to a maximum of $1,000

Recreation Centre Manager As per Budget to a maximum of $5,000

Builder As per Budget to a maximum of $25,000

Practice Manager at Health Centre As per Budget to a maximum of $1,000

Building Maintenance – Leading Hand As per Budget to a maximum of $1,000

Natural Resource Management Officer As per Budget to a maximum of $25,000

Purchase orders can only be issued for items that have been specified in the adopted

budget for that financial year.

Any orders issued for amounts exceeding items listed in the budget, must be authorised by

the CEO.

HEAD OF POWER Local Government Act 1995 s.6.10

Local Government (Financial) Regulations, r. 11

DATE REVIEWED 19th

June 2014

19th

December 2013

16th

September 2010

15th

May 2008


June 2014

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31


12.1.5 Signatories to Council’s Bank Accounts

File Reference: 8.2.1.3 – General Banking



Summary

Review the policy regarding number of signatories on Council’s bank accounts.

Background

Council adopted a policy for signatories to Council’s bank accounts.

The policy outlined the number of signatories for Council’s bank accounts.

Comment

During our Financial Management Review, staff discovered that the Signatories to Bank Accounts Policy

contained an error, as the Senior Finance Officer was not listed as a signatory. The Senior Finance Officer

has been a signatory to Council’s bank accounts for the last several years and it would appear that the

omission of the SFO in the policy was an oversight.

In order to correct the policy to reflect the current practice, Council is requested to change the policy to

reflect the actual signatories to Council’s bank accounts.

Staff have amended the signatories following the employment of Ms Catherine Dunn as the Deputy CEO

and removed Ms Tamara Olsson.

Consultation CEO, MOF & SFO


Policy Implications Amend A1.2




Civic Leadership




Voting Requirements

Simple Majority



Moved: Cr Heasman Seconded: Cr Gmeiner

That Council adopts the reviewed policy A1.2 Signatories to Council’s Bank Accounts as tabled.

Carried 8/0


June 2014

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32

DEPARTMENT ADMINISTRATION

POLICY REFERENCE A1.2

DESCRIPTION SIGNATORIES ON COUNCIL’S BANK ACCOUNTS

DATE Adopted on 8th

February 2007

PREAMBLE Policy regarding number of signatories required for Bank accounts.

OBJECTIVE To give Council guidelines for the number of signatories required for operation of its bank

accounts.

POLICY The following guidelines are to be followed the number for signatories required for

Council’s bank accounts.

Two signatures are required for operation of bank accounts and can be any two of the

following;

• Shire President

• Deputy Shire President

• Councillor - Cr Foss

• Chief Executive Officer

• Deputy Chief Executive Officer

• Manager of Finance

• Senior Finance Officer

HEAD OF POWER Local Government Act 1995, s.6.10

Local Government (Financial Management) Regulations 1996, r.12(1)

DATE REVIEWED 19th

June 2014

19th

December 2013

21st

October 2013

20th

May 2010

15th

May 2008


June 2014

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33


12.1.6 Management Letter – Deferred Pensioners

File Reference: 8.2.6.2 – Annual Financial Statements



Summary

The Audit Committee is to provide a report to Council regarding any issued raised in a Management

Letter.

Background

During the annual audit, the Auditor was required to audit and certify the deferred pensioners for the

Office of State Revenue. Council receives a small interest payment to compensate for these rates

outstanding.

Comment

Under the Rates and Charges (Rebates and Deferments) Act 1992, Section 43(1)(a) provides for the

deferment of rates payable where “the person is liable to pay the charge is an eligible pensioner or is

registered as an eligible pensioner during a year”. Currently, we have 8 deferred pensioners on our

books.

The attached report outlines the issue raised following the audit of the pensioner deferments.

The last time pensioners were asked to provide copies of their pension cards was in 2011 and staff have

earlier this year requested that current pensioners provide a copy of a current and valid pension card to

update our records.

Consultation CEO, MOF & Ms Abbey Adcock, Auditor from AMD


Management Letter - Section 7.9 & 7.12A of Local Government Act 1995 s7.9 & 7.12A and Local

Government (Audit) Regulations 1996 r.9 & 10.





Civic Leadership






June 2014

______________________________________________________________________________________________________

34



Moved: Cr Thornton Seconded: Cr Foss

That Council receives the Report from the Audit Committee regarding the issue raised in the

Management Letter from certification of Appendix 3 – Deferred Claim Certification Letter for the year

ended 30th June 2013.

Carried 8/0


June 2014

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35

12.3 Chief Executive Officer


12.3.1 Appointment of Senior Employee

File Reference: Personnel

Reporting Officer: Darren Mollenoyux, Chief Executive Officer


Summary

Council is asked to endorse the appointment of Catherine Dunn as the Deputy Chief Executive Officer for

a three year term.

Background

Following the close of applications the Chief Executive Officer and Manager of Finance created a shortlist

of three applicants to be interviewed by a panel consisting of the Chief Executive Officer, Manager of

Finance and Deputy President.

Comment

At the conclusion of interviews and reference checks the panel’s preferred candidate was Catherine

Dunn. The Chief Executive Officer appointed Catherine to the position of Deputy CEO for a three year

contract, commencing on the 9th June 2014.

In securing Ms Dunn consideration was taken into her skills and experience and a remuneration package

was negotiated within the advertised parameters.

In addition to the appointment of the new Deputy CEO, we have had several other staff changes. Melissa

Schilling has vacated her Project Officer position and been appointed as the Finance Officer, Melissa is

well experienced in this area.

With Melissa vacating her Project Officer position and recent funding availability to develop and

implement Council’s Integrated Strategic Planning we were able to restructure the Project Officer

Position. This position will now be full time and I have changed the title to Community Development

Officer.

Ashleigh Waight has been appointed to the Community Development Officer Role and will vacate her

current role as Executive Support Officer later this month. Advertising for a new Executive Support

Officer has commenced.

As you can see there have been several administration staff changes recently so below is Council’s current

Administration Team.

Chief Executive Officer Darren Mollenoyux

Deputy CEO Catherine Dunn

Manager of Finance (part-time) Jennifer Bow

Senior Finance Officer (part-time) Mandy Butler

Finance Officer Melissa Schilling

Community Development Officer Ashleigh Waight

Executive Support Officer Vacant (currently recruiting)

Administration Officer Jenette Payne


June 2014

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36

Consultation

Interview Panel - Manager of Finance and Deputy President

Shire President


Local Government Act 1995

5.36 . Local government employees

(3) A person is not to be employed by a local government in any other position unless the CEO —

(a) believes that the person is suitably qualified for the position; and

(b) is satisfied with the proposed arrangements relating to the person’s employment.

(4) Unless subsection (5A) applies, if the position of CEO of a local government becomes vacant, it is

to be advertised by the local government in the manner prescribed, and the advertisement is to

contain such information with respect to the position as is prescribed.

(5A) Subsection (4) does not require a position to be advertised if it is proposed that the position be

filled by a person in a prescribed class.

(5) For the avoidance of doubt, subsection (4) does not impose a requirement to advertise a position

before the renewal of a contract referred to in section 5.39.

5.37 . Senior employees

(1) A local government may designate employees or persons belonging to a class of employee to be

senior employees.

(2) The CEO is to inform the council of each proposal to employ or dismiss a senior employee, other

than a senior employee referred to in section 5.39(1a), and the council may accept or reject the CEO’s

recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons

for its doing so.

(3) Unless subsection (4A) applies, if the position of a senior employee of a local government becomes

vacant, it is to be advertised by the local government in the manner prescribed, and the

advertisement is to contain such information with respect to the position as is prescribed.





The package fits within Council’s Salaries and Wages budget for 2013/14.


Shire of Bruce Rock – Strategic Community Plan 2013-2023

Civic Leadership

4.1.2 – Manage the organisation in a responsible and accountable manner.



June 2014

______________________________________________________________________________________________________

37



Moved: Cr Rajagopalan Seconded: Cr Foss

That Council endorses the appointment of Ms Catherine Dunn to the position of Deputy Chief

Executive Officer based on a 3 year contract of employment commencing on the 9th June 2014, with

the initial total remuneration package of $121,110.

And

Council endorses the contract as outlined and offered to Ms Catherine Dunn.

Carried 8/0

Mrs Jennifer Bow and Ms Catherine Dunn left the Council Chambers at 4.17pm.


June 2014

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38


12.3.2 Staff Annual Performance Appraisals

File Reference: Personnel



In accordance with Section 5.23(2) of the Local Government Act 1995, the meeting is closed to the

members of the public for this item as the following sub-section applied:

(b) the personal affairs of any person;

Summary

Council is asked to receive a report on changes arising from performance appraisals for 2014.

Background

Staff are required to have at least one appraisal per year, these are traditionally carried out each May.

Appraisals are completed by relevant Managers and Supervisors.

Comment

Appraisals have been carried out and a confidential report on significant changes will be provided to

Councillors at the meeting.

The National Wage Increase will see a 3% increase across all levels of the Local Government Industry

Award, therefore all employees not on contract will receive the increase in the first pay period of 2014.

It should be noted that the performance reviews of Tamara Olsson and John Mitchell were not conducted

as they resigned during the review process. Also Melissa Schilling and Ashleigh Waight had their

performance reviews conducted under their previous positions.

Consultation

Senior Management


The Local Government Act, Section 5.38 “the performance of each employee who is employed for a term of

more than one year, including the CEO and each senior employee, is to be interviewed at least once in

relation to every year of employment”.

Policy Implications NIL


Any variations or increases to wages will need to be included in the 2014/2015 budget.


That Council and the Chief Executive Officer ensure the efficient management of the organisation, whilst

meeting statutory requirements.



Civic Leadership




June 2014

______________________________________________________________________________________________________

39



Moved: Cr Thornton Seconded: Cr Rajagopalan

Council receives the presented report on changes occurring from staff performance reviews.

Carried 8/0

Mrs Jennifer Bow and Ms Catherine Dunn returned to the Council Chambers at 4.34pm.


June 2014

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40


12.3.3 Donation Request War Memorials

File Reference: 1.3.2.1



Summary

Council is asked to consider making a financial contribution towards two new war memorials in Bruce

Rock.

Background

A request has been received from John Schnaars from Honouring Indigenous War Graves seeking a

financial contribution towards the construction of two new War Memorials to be placed on the walk trail

in Bruce Rock. The memorials would recognize the Red Cross and Salvation Army and their contributions

during war time. The cost of construction would be approximately $14,000 each.

Comment

It is envisaged that the two memorials would be unveiled during the 2014 Vietnam Veteran’s Back to the

Bush Reunion.

Consultation

John Schnaars from Honouring Indigenous War Graves




Budget Provision would be required in the 2014/15 financial year.



Social

1.3.1.4 – Maintain and protect heritage

Voting Requirements Absolute Majority

Officer Recommendation

That Council considers making a financial contribution towards the construction of two war memorials to

be placed on the walk trail in Bruce Rock, pending funding received from other organisations.

Council Decision varies from the Officer Recommendation due to Council deciding to delegate the CEO to

consider and negotiate a reasonable contribution.

COUNCIL DECISION


Moved: Cr Dolton Seconded: Cr Foss

That Council considers making a financial contribution towards the construction of two war memorials

to be placed on the walk trail in Bruce Rock, pending funding received from other organisations. The

CEO may consider and negotiate a reasonable contribution.



June 2014

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41


12.3.4 Woodstock Café Lease – New Owner




Summary

Council is asked to endorse a new lease agreement between the Shire of Bruce Rock and the new owners

of Woodstock Colonial Cafe.

Background

Correspondence has been received from Katie Fuchsbichler advising that she has purchased the business

(Woodstock Colonial Café) from Lyn Dawson and will take over on the 14th July 2014.

Comment

The business is run from a Council owned property located at 48 Johnson Street Bruce Rock and therefore

Mrs Fuchsbichler is required to enter into a lease agreement for the use of the property as a food

premise.

Consultation

John Mitchell, EHO/BS

Katie Fuchsbichler


Local Government Act, Section 3.59 Commercial enterprises by Local Governments



The lease includes a rental amount of $350 per month and will be reviewed annually.



Social

1.1.2 – The Shire of Bruce Rock is an attractive, connected and rewarding place to live.

1.1.2.2 – Continue to enhance lifestyle qualities for all residents.





That Council endorses the Lease Agreement between the Shire of Bruce Rock and Katie Fuchsbichler

for the property located at 48 Johnson Street, Bruce Rock for a three year period commencing on 14th

July 2014.

Carried 8/0


June 2014

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42


12.3.5 EHO/BS Service Provision




Summary

Council is asked to endorse the restructured arrangements for the provision of Health and Building

Services for the Shire of Bruce Rock.

Background

Mr John Mitchell has resigned as the Environmental Health Officer/Building Surveyor and will finish on

the 8th August 2014. This leaves Council without a full-time EHO/BS and it is extremely unlikely that we

would attract a new officer with the skills and capacity to provide the required role to Council.

Comment

Following several discussions an alternative arrangement is proposed, that would see the following

structure implemented to meet the requirements of the vacant position.

Health Services

An opportunity exists for Council to join the Health Scheme administered by the Shire of Corrigin. This

would see an Environmental Health Officer provide services 2 or 3 days per fortnight to the Shire of Bruce

Rock. These services would include;

• General health application enquiries (requests forwarded by email);

• Caravan Park and Camping Grounds Compliance and Licensing;

• Effluent disposal applications;

• Food Premises inspections, enforcement and general enquiries;

• Hairdressing premises compliance;

• Liquor licensing compliance in relation to environmental health requirements;

• Investigation of notifiable diseases;

• Pest Control licensing and enforcement;

• Public building inspections and enforcement;

• Tobacco products compliance;

• Waste management coordination;

• Unauthorised discharge issues;

• Water Sampling;

• Compliance and enforcement of Health Act 1911 and subsidiary legislation;

• Training of administrative staff in Environmental Health administration; and

• Any other services broadly consistent with Environmental Health duties.

Building Services

John Mitchell has advised that he would assist in the provision of Building Services to the Shire of Bruce

Rock. Following discussions with Mr Mitchell it was agreed that one day per fortnight would be adequate.

The services provided would be;

• Building applications, permits & approvals;

• Building 11 compliance;

• Assist in annual budgeting for building and maintenance program;

• Town Planning;

• Town sewerage scheme.


June 2014

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43

Other Duties

Several other duties will still be required and it is envisaged that these will be conducted by other staff. I

have been in discussions with senior management to re-align several duties. It should also be noted that

the NRMO is seeing a reduction of NRM duties and with Granite Way nearing completion he will have

additional time available in the new financial year. Some of the proposed redistribution of duties

includes:

Stephen Fry, NRMO

• Waste Management – refuse site inspections and assist in overseeing compliance;

• Project Manage the Caravan Park Upgrade; and

• Oversee building team in line with annual building maintenance program as set in budget with

guidance from Building Surveyor.

Other duties to be allocated

• OHS; (Deputy CEO & Manager of Works)

• Residential Subdivision;

• Hydro Pool;

• Building & House Inspections; and

• Management of residential and commercial leases (Community Development Officer).

Consultation

Julian Murphy, Chief Executive Officer at Shire of Corrigin

John Mitchell, EHO/BS


Council requires the services of an Environmental Health Officer / Building Survey to enact both the

Health and Building Acts.

Section 28 of the Health Act 1911 requires Council to provide notice of the appointment of a new officer.

Local Government Act 1995

5.36 . Local government employees

(3) A person is not to be employed by a local government in any other position unless the CEO —

(a) believes that the person is suitably qualified for the position; and

(b) is satisfied with the proposed arrangements relating to the person’s employment.

5.37 . Senior employees

(1) A local government may designate employees or persons belonging to a class of employee to be

senior employees.

(2) The CEO is to inform the council of each proposal to employ or dismiss a senior employee, other

than a senior employee referred to in section 5.39(1a), and the council may accept or reject the CEO’s

recommendation but if the council rejects a recommendation, it is to inform the CEO of the reasons

for its doing so.

(3) Unless subsection (4A) applies, if the position of a senior employee of a local government becomes

vacant, it is to be advertised by the local government in the manner prescribed, and the

advertisement is to contain such information with respect to the position as is prescribed.





June 2014

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44


The new arrangements would be classed under consultancy services and therefore there will be a

reduction in wages. Budget provision will be required in the new budget for the provision of Health and

Building Services from an external source. It is anticipated that this would be in the vicinity of $58,000 per

annum.



Civic Leadership





Moved: Cr Foss Seconded: Cr Gmeiner

That the Chief Executive Officer;

1. Negotiates with the Shire of Corrigin to secure the provision of Health Services two to three days

per fortnight.

2. Negotiates with the Shire of Merredin to secure the provision of Building Services one day per

fortnight.

Carried 8/0


June 2014

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45


12.3.6 Waterwise Council Program




Summary

The purpose of this report is for Council to consider signing a partnership with the Water Corporation and

Department of Water to join the Waterwise Council Program.

Background

The Department of Water and the Water Corporation have developed a Waterwise Program for Local

Governments. The program aims to build a cooperative partnership with local governments to improve

water use efficiency in local government and their communities.

The Waterwise Council Program helps councils to align with the state government’s water efficiency

measures and further encourages improved water use management at a corporate and community level.

A copy of the Program Information Sheet, Memorandum of Understanding and Criteria Assessment Sheet

is ATTACHED.

Comment

Council has already benefited from the initial stages of the Waterwise Program through free water

efficiency training for our Recreation Centre Manager and a Town Gardener and the “Free Shower Head

Exchange Program”.

Signing the MOU and joining the Waterwise Council Program aligns with Council’s strategic direction

outlined in its Strategic Community Plan 2013-23.

Consultation

Rob Botica, Water Efficiency Planning Officer from the Water Corporation

David Holland, Manager of Works & Services

Recreation Centre Manager and Town Gardener




There are no significant costs associated with the proposed program. The implementation of the

Waterwise Program should ultimately save Council money through consultation assistance, water saving

initiatives and staff training.



Environment

3.2.2 – Plan for water conservation, reuse and efficiency.



June 2014

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46



Moved: Cr Foss Seconded: Cr Buegge

1. That Council join the Waterwise Council Program and authorise the CEO to sign the Memorandum

of Understanding (MOU) between the Water Corporation, Department of Water and Shire of Bruce

Rock; and

2. Council explore the benefits and cost of further participation/commitment to the Waterwise

Council Program.

Carried 8/0


June 2014

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47

13. WEROC Report


13.1 WEROC Executive Meeting May 2014




Summary

Council is asked to receive the minutes from the previous WEROC Executive Meeting.

Background

The last WEROC Executive Meeting was held on Wednesday 21st May 2014 at the Shire of Westonia.

Comment

To encourage the WEROC partnership and promote a better understanding by all Councillors it is

recommended that WEROC minutes be read and received by Council.

A copy of the minutes has been provided to Councillors.

The following items are highlighted for Councillors interest;

Item 5.4 CEACA Advocacy

The WEROC Executive have secured a meeting with the Minister for Regional Development

and the Minister for Water on the 19th July 2014 to discuss various matters including

CEACA. Disappointingly the meeting was arranged for the 19th June 2014, which is Council

meeting day.

Item 5.9 WEROC Governance Model Update

This project is still progressing and details in the document are still being finalised,

clarification and opinion from Shires in similar situations are being sought. The meeting

resolved as follows;

1. That the Executive Officer contacts the Shire of Moora’s CEO to:

a) ascertain if the Central Midlands (Inc) constitution has been completed and

adopted by all Councils; and

b) ensure that the constitution has been tested and approved by the Department of

Local Government and Communities.

2. That if the Central Midland's (Inc) constitution has met points 1a) and 1b) Conway

Highbury be requested to finalise the draft WE-ROC constitution with amendments to

the membership clause to reflect the Innovation Central Midlands (Inc) constitution

and that on receipt of the revised draft from Conway Highbury it be sent to Mr Tim

Fowler at the Department of Local Government and Communities for comment and if

no adverse comment is received from Mr Fowler the revised draft constitution be

presented to WE-ROC Council for adoption, noting that WE-ROC Council will be

required to rescind the resolution of Wednesday 26 February 2014 with respect to the

“Wheatbelt Communities” constitution.

Consultation Nil



June 2014

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48





Civic Leadership


4.1.3.3 – Develop an enterprising approach to our infrastructure projects.




Moved: Cr Dolton Seconded: Cr Rajagopalan

That Council receives the minutes of the WEROC Executive Meeting held on Wednesday 21st May

2014 at the Shire of Westonia.

Carried 8/0


June 2014

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49

14. New Business of urgent nature introduced by discussion of the meeting.

Nil.

15. Confirmation and receipt of Information Bulletin.

COUNCIL DECISION

Resolution June 14-14.1.

Moved: Cr Rajagopalan Seconded: Cr Thornton

That Council receives Information Bulletin 1 as presented.

Carried 8/0

COUNCIL DECISION

Resolution June 14-14.2.

Moved: Cr Gmeiner Seconded: Cr Buegge

That Council receives Information Bulletin 2, as presented.

Carried 8/0

16. Closure of Meeting.

The Shire President, Cr Strange, thanked everyone for their attendance and for their contributions in the

year and declared the meeting closed at 5.26pm

These minutes were confirmed at a meeting on ……../……../……….

__________________

Signed

Cr Stephen Strange

Dated ……../……../……….

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