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SHIRE OF NAREMBEEN

MINUTES

Minutes of the 564th Ordinary Meeting of the Narembeen Shire Council held in the Council Chambers 1 Longhurst Street Narembeen on Wednesday 15th June 2011, commencing at 2.00pm. 1.1 Declaration of Opening. 2.00pm - The Chairman/Presiding Person declared the meeting open after the Pre Budget Discussion Period was completed by the Council. 1.2 Recording of those Present. Cr SC Padfield (President) Rural Ward Cr RM Cole (Deputy President) Town Ward Cr HWJ Cowan Rural Ward Cr SR Parsons Rural Ward Cr KJ Mortimore Town Ward Cr RD DeLuis Town Ward Cr BJ Cusworth Town Ward Cr BR Cole Rural Ward FJ Peczka Chief Executive Officer Frank Buise Manager Environmental Health/Building Services

(2.18pm to 3.14pm) Caroline Robinson Projects’ Manager (2.05pm to 2.15pm) 1.3 Recording of Apologies SJ Yandle Deputy Chief Executive Officer Arthur Cousins Works’ Manager 1.4 Leave of Absence Nil 1.5 Announcement by President without Discussion – Pre Budget Discussions 12.25pm - The Presiding Person declared the Pre-Budget Discussion period open. PRESENT: Cr Padfield President, Cr R Cole Deputy President, Cr HWJ Cowan, Cr R Hayter, Cr R DeLuis, Cr K Mortimore, Cr S Parsons, Cr B Cusworth, Cr B Cole and the Chief Executive Officer. Pre Budget Meeting Discussions The President advised that prior to commencing on Council’s Ordinary Meeting Agenda the Council is to expend some time on discussing two major themes and Infrastructure projects for pre budget preparation summarised hereunder;

Confirmed by the Shire President……………………………………...20.07.2011

a) Infrastructure Projects and prioritisation b) Royalties for Regions Funding relating to the mentioned program.

The aim is to assist with further development and/or to facilitate forward planning in advance and in recognition of Councils Forward Capital Works Plan (FCWP). Infrastructure Project Priority Estimated Cost Year Brown Street Stage 2 Residential Sub Division 1 650K 11/12

• Tender and commence construction of 11 lots Recreation Centre Renovation 2 200K 11/12

• Reserve Fund contribution Community Resource Centre Building Extensions 3 100K 11/12

• Staged contribution to Reserve Fund Account 100K 12/13 Staff Housing 4 350K 11/12

• To improve staff housing standard Light Industrial Lot Sub Division Development 5 50K 11/12

• Develop project tender document Avoca Farm Lifestyle Lot Development 6 100K 11/12

• Develop project tender document Chalet Caravan Park 7 90K 11/12 Dental Surgery Instruments & Equipment Furnishing 8 40K 11/12

• Committed funds in new financial year CBH Discovery Centre 9 50K 11/12

• Final completion of project in new financial year Sand Pad Aged Homes Accommodation Units 10 15K 11/12

• Committed project to assist local committee Note: figures are estimates only Royalties for Regions Funding anticipated in the new financial year: Regional Component – RoeROC distribution $650,000 approx Council Local Government Component $400,000 approx Council Infrastructure Fund $300,000 approx Council Carryover Projects – CBH Discovery Centre $ 50,000 1.30pm – The Presiding Person thanked Council for their input and attendance and declared the Pre Budget Discussion period closed. 2. Responses / Answers to Previous Public Question Time Nil 3. Public Question Time and Deputations Nil 4. Declaration of Councillors Interest Nil – in accordance with Section 5.65 of the Local Government Act 1995 the following disclosures of:


• Financial interest • Closely association person and Impartially interest • Proximity interest

5. Confirmation of Minutes from Council Meeting Held on 15th June 2011 5.1 Minutes of last Ordinary Meeting of Council held on 15th June 2011 MIN 4807/11 MOTION: Moved Cr R Cole 2nd Cr K Mortimore That the minutes of the 563rd Ordinary Meeting of the Narembeen Shire Council held in the Council Chambers 1 Longhurst Street Narembeen on Wednesday 18th May 2011 as circulated to all Councillors, be confirmed as a true and correct record and be duly signed. CARRIED 9/0 5.2 Business Arising from Council Meeting Minutes: NIL

6.0 Status and Information Reports MIN 4808/11 MOTION: Moved Cr B Cole 2nd Cr HWJ Cowan That the Status and Information Reports be received. CARRIED 9/0 MIN 4809/11 MOTION: Moved Cr R DeLuis 2nd Cr HWJ Cowan That the CEO General Report be received. CARRIED 9/0 7.0 Audit & Finance Matters 7.1 AUDIT & FINANCE Committee Recommendations COUNCIL RESOLUTION MIN 4810/11 MOTION: Moved Cr HWJ Cowan 2nd Cr R Cole 1. That the Minutes of the Audit & Finance Committee Meeting held on Wednesday 15th June

2011 be adopted as decisions of the Council. 2. That the accounts for payment as presented to the Audit & Finance Committee Meeting

held on 15th June 2011 be accepted and Council receive the Schedule of Accounts as listed and totalling $272,248.82 for Municipal Fund Account, $0.00 Trust Fund Account and amounts direct debited from Council’s Municipal Fund Bank Account totalling $1,812.63.

3. That the Monthly Statement of Financial Activity be received. 4. That the April & May 2011 Profit and Loss Statement for the Narembeen Community Resource Centre be received. CARRIED 9/0 8.1 WORK’S REPORT


AGENDA ITEM: 8.1.1 WORKS

Subject: Wheatbelt South Regional Road Group Meeting Minutes May 2011 Applicant: Main Roads WA Narrogin Office

File Ref: 12.50.10 Disclosure of Interest (Staff): NIL Disclosure of Interest (Councillor): Nil Author: Frank Peczka Chief Executive Officer Date: 7th June 2011

BACKGROUND

Main Roads WA has circularised minuets of a recent Wheatbelt South Regional Road Group

Meeting held at Narrogin on Tuesday 31st May 2011. Attachment/s: Minutes of Wheatbelt South Regional Road Group Meeting held in Narrogin on Tuesday 31st May 2011. COMMENT Minutes are attached and are self explanatory, Councillors are encouraged to endorse the outcomes

and/or review recommendations arising out of the minutes. STATUTORY IMPLICATIONS LOCAL GOVERNMENT ACT 1995 (as amended) Section 2.7. The role of the council

(1) The council — (a) directs and controls 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. Section 3.1. General function

(1) The general function of a local government is to provide for the good government of persons in its district.

(2) The scope of the general function of a local government is to be construed in the context of its other functions under this Act or any other written law and any constraints imposed by this Act or any other written law on the performance of its functions.

FINANCIAL IMPLICATIONS


Shire of Narembeen 2011/2012 Budget and beyond: expense allocation for continuing own

expenditure on local road network system upgrades. POLICY IMPLICATIONS

Shire of Narembeen Policy Manual June 2010

- Council Policy on Heavy Vehicle Access Routes and Road Hierarchy Schedule

10.1.17 HEAVY VEHICLE ACCESS ROUTE AND ROAD HIERARCHY SCHEDULE Council confirms its position on banning concessionally loaded vehicles and network access to different classes of restricted access vehicles on designated roads that are less than 7.0m seal width classification for the purpose of grain cartage from designated CBH terminal to terminal site transfers. FUTURE PLAN IMPLICATIONS: Nil (unknown at this date)

STAFF RECOMMENDATION

That Council:

1. receives the Minutes of the Wheatbelt South Regional Road Group Meeting held on

Thursday 31st May 2011 at Narrogin.

2. allocate Special Grain Freight Improvement Program Funding to the Kondinin-Narembeen

Road until completion.

3. reallocate Regional Road Project Funding to Cramphorne Road until completion.

4. express an interest with appointed Wheatbelt Integrated Service Arrangement (ISA) provider

Opus for available emergency term maintenance contract work.

COUNCIL RESOLUTION MIN 4811/11 MOTION - Moved Cr. R Hayter 2nd Cr. B Cole That Council:

1. receives the Minutes of the Wheatbelt South Regional Road Group Meeting held on Thursday 31st May 2011 at Narrogin.

2. allocate Special Grain Freight Improvement Program Funding to the Kondinin-Narembeen Road until completion.

3. reallocate Regional Road Project Funding to Cramphorne Road or nay other road deemed by the Council.

4. express an interest with appointed Wheatbelt Integrated Service Arrangement (ISA) provider Opus for available emergency term maintenance contract work.


CARRIED 9/0

REASON: Council determined any major arterial road to be considered. GENERAL WORKS REPORT 8.1.2 ROE DAM ROAD Approximately 14,000m3 of gravel carted and 8km completed. End walls completed on culverts. 8.1.3 RUBBISH DUMP Clean up surrounds at Rubbish dump Sims Metals to remove metal from tip Rubbish tip at Wadderin blocked off with gravel 8.1.4 MISCELLANEOUS Sign erected at Lake Walker Removed furniture from JD’s Café 8.1.5 PRIVATE WORKS C Kennedy Metal $1,012.50 R Miolini Gravel/Roller Hire $ 155.00 S Baynes Sand $ 102.00 Water Corp Road Reinstatement $ 598.00 R Arnold Sand $ 338.00 Delavale Contracting Gravel $ 600.00 TOTAL $2,805.50

Plant Report - May 2011 Plant

No Description Plate

No Purchase

Date Start

Km/Hr End

Km/Hr Repairs

PE162 Holden Caprice 1NB 2010 19,926km 15,939km PE152 Ford Territory NB1 2009 81,565km 84,891km PE153 Holden Sedan NB01 2008 38,216km PE92 Toyota Bus 0NB 2002 92,427km 92,615km Replace relay

auto doors Graders PE67 John Deere 770D NB880 2008 2665hrs 2738hrs Replace fuel

injection line, repair lights, check water fuel fault and replace tank cap

PE120 Caterpillar 12H NB7000 2004 7137hrs 7270hrs PE75 Caterpillar 12H NB195 1998 11574hrs 11594hrs Replace

transmission modulation cable

PE84 John Deere 770G NB688 2010 1029hrs 1172hrs PE29 Aillis Model D NB6548 1959 Loaders/Tractors


PE154 Case 821E Loader NB7108 2008 3177hrs 3297hrs PE130 Case 581SR

Back/Hoe NB371 2005 1868hrs 1887hrs Repair light

protectors PE76 John Deere 6910 NB939 1999 2257hrs 2262hrs Make up new vent

for tank PE29 Case Puma NB270 2009 998hrs 1110hrs Trucks PE100 Mitsubishi

P/Mover NB109 2003 174,157km 176,684km

PE69 Mitsubishi P/Mover

NB6079 2002 221,101km 221,591km 220,000km service, tighten belts repair air and water leaks fit new g/box linkage bushes, check brakes, replace gear shift bracket, repair lights, remove injection pump for overhaul, repair rev light

PE150 DAF P/Mover NB6789 2007 113,503km 113,690km Change air dryer filter, overhaul rear brakes, test for fuel problems

PE99 Isuzu Dual Cab NB56 2002 153,551km 154,620km Check and adjust brakes

Semi Trailers PE008 ROPA Water

Tanker 8TJ008 1970

PE124 H P Side Tip NB5708 2004 Replace grease nipples

PE3937 H P Side Tip NB3937 2002 Fabricate and repair hyd cyl mounts

PE151 B K Side Tip NB5766 2007 PE34 LowLoader NB3524 1970 PE3731 Fuel Tank Dog

Trailer NB3731 1971

Rollers PE25 Tow Roller Yellow NB3521 1961 PE30 Tow Roller

Orange NB3392 1975

PE70 WelPac Multi Tyre NB281 2002 8293hrs 8331hrs PE77 Pholner

Drum/Tyre NB3893 1999

PE173 Amman multi tyre NB7684 2010 868hrs 931hrs Repair final drive loose axle

Light Vehicles


PE132 Courier Ute NB113 2006 34,104km 34,104km PE106 Courier Dual Cab

Ute NB175 2003 140,249km 141,135km Replace rear uni

joint PE131 Transit Van NB295 2005 26,282km 26,962km PE161 Ranger Dual Cab

Ute NB613 2008 68,501km 70,168km 70000km service,

fit new fuel meter on bulk tank

PE3 Rodeo Dual Cab 4x4

NB806 2000 168,591km 169,733km Fit new battery, 170000 km service, repair lights

PE113 Courier Rubbish Ute

NB6761 2003 116,786km 117,885km

PE71 Courier Ute NB7298 2002 79,400km 79,428km PE103 Ranger Ute NB7399 2008 29,811km 30,412km 30,000km service PE155 Toyota Land

Cruiser NB7511 2007 41,309km 42,900km

Oval Mowers PE21 John Deere 955 NB685 1997 PE156 Toro Gang Mower NB7536 2007 585hrs Fire Units PE25 Toyota Land

Cruiser NB25 1997 18,220km 18,225km

PE11 Hino 2.4 Urban NB925 1997 6,339km 6,343km PE393 Isuzu 3.4 Rural NB393 1985 Trailers NB3770 NB3733 Adjust wheel

bearings Sundry Plant Honda Genset Chemical Spray Oval Reticulation compressor JD slasher

Silvan slasher

Whipper snippers Lawn mower

Swimming pool mower Verti mower

blower corer Chlorinator dam Road broom Waste oil Concrete vibrator Post hole digger compactor Fogger 2011 Chain saws


2.18pm - Manager Environmental Health/Building Services entered the meeting. 8.2 ENVIRONMENTAL HEALTH / BUILDING SERVICES MANAGER REPORT

Environmental Health Officer – INFORMATION UPDATE Applicant: Shire of Narembeen Location: Whole of Shire Date: 1 June 2011 Reporting Officer: Frank Buise, Manager Environmental Health /Building Services Disclosure of Interest: No interest to disclose File Number: BACKGROUND The following is to update councillors on various issues within the Health & Building and Town Planning area. Dwelling follow ups Work has started on inspecting dwellings that were requested by Council. I have received an exceptional amount of flak from the owners. Building License’s Issued Under Delegated Authority No building licenses were issued for the period. General As usual general advice, building and health inspection work, tip inspections, including complaints, etc have taken place. STATUTORY ENVIRONMENT Various POLICY IMPLICATIONS There are no direct policy implications in relation to this item. FINANCIAL IMPLICATIONS There are no direct financial implications in relation to this matter. STRATEGIC IMPLICATIONS There are no direct strategic implications in relation to this item. FOR INFORMATION BUSINESS ARISING from Environmental Health/Building Services Report 1. Food Inspections Food Inspections completed today 2. Budget for 2nd Environmental Health Officer – RoeROC Recommendation: Council to budget. 3. Landfill Sites Department of Environment and Conservation busy with rationalisation and audit of local landfill sites including rehabilitation planning


Effluent Disposal Systems and Re-Use Water – Water Corporation Audit Audit due to increased standards required for continued use of re-use water. Council Effluent System is of a high standard. WASTE TRANSFER STATION REVIEW OF FEES AND CHARGES RESOLUTION MIN 4812/11 MOTION: Moved Cr K Mortimore 2nd Cr R Cole That the following amendments be endorsed to the Review of Fees and Charges for the Narembeen Waste Transfer Station Site;

a) Delete Tyres from Schedule b) Delete Clinical waste from Schedule c) Delete animal carcasses d) Delete Sewerage waste

CARRIED 9/0 3.14pm - Frank Buise Manager Environmental Health/Building Services departed the meeting.


MINUTES 8.3 PROJECT MANAGER’S REPORT 2.05pm – Caroline Robinson Project Manager entered the meeting MIN 4813/11 MOTION: Moved Cr S Parsons 2nd Cr R DeLuis That the Project Manager’s Report be received. CARRIED 9/0 Project Manager - Funding Applications

Project Description Project Cost Funding

Body Amount Other Amount Shire Application submitted

Application successful

Project/Funding Milestones

Disability Services Commission $24,726.00

Disability Services Commission $20,000 $4,726 YES YES

Automatic doors into Shire Administration building, disabled access and toilet at NB Community Shed

Tourism Accommodation Plan $315,000.00

Royalties for Regions $10,000 Nil YES

Roe Tourism Accommodation Plan

Narembeen Airport $139,000.00

Regional Airports Scheme $69,500

$69,500 YES

Gravel re-sheeting on runway

Volunteer Grants - Wadderin, Narembeen Arts and Crafts Group $2,500.00 FaHCSIA Nil YES

Fuel for Wadderin volunteers, desks and workstations for the Narembeen Arts and Crafts Group


MINUTES

Narembeen Men's Shed $5,997.70

Australian Men's Shed Association Nil YES

Workbenches at the Community Shed

Narembeen Men's Shed $3,000.00

Australian Men's Shed Association Nil YES

Second hand equipment

2.15pm – Caroline Robinson Project Manager departed the meeting.


MINUTES

8.4 CHIEF EXECUTIVE OFFICER’S REPORT AGENDA ITEM: 8.4.1

Subject: Great Eastern Country Zone (GECZ) WALGA - Teleconference Meeting May

2011 Minutes Applicant: Executive Support Services – Great Eastern Country Zone File Ref: 4.12.10 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 23rd May 2011

BACKGROUND

The Minutes of the recent Teleconference Meeting of the Great Eastern Country Zone was held on Thursday 19th May 2011. Minutes are appended to this agenda item for Council consideration. CEO attended the Teleconference Meeting with Deputy President Cr R Cole and President Cr Padfield recorded as an apology. Attachment/s: 1. Minutes of Great Eastern Country Zone – WALGA 2. Minutes May 2011 State Council Meeting WALGA

COMMENT

Attached to this agenda item is a copy of the Great Eastern Country Zone WALGA Teleconference Meeting Minutes and WALGA State Council Meeting. The intent is to list minutes of each Zone Meeting formally as an Agenda Item compared to listing these minutes in the Correspondence Inwards and Outwards section of Councils monthly Agenda. Agenda Listing ensures that Council is; i) aware of decision making and proposals submitted to the Ordinary Council Meeting ii) opportunity to prepare agenda items arising from consideration of these minutes iii) forward planning to commitments made by the Zone; and; iv) return the formality by Member Councils involved in the organization and provision of Executive Support Services. STATUTORY IMPLICATIONS

Local Government Act 1995 (as amended) Local Government (Administration) Regulations 1996 Western Australian Local Government Association Constitution


MINUTES FINANCIAL IMPLICATIONS Shire of Narembeen 2010/2011 Budget: – allocation for GECZ membership, Council Member attendance and hosting of Meetings by rotation. POLICY IMPLICATIONS

Generally procedural matters are dealt with in accordance with the Great Eastern Country Zone Membership and in regard to the Constitution of the Western Australian Local Government Association (WALGA) and the general needs of the local government industry. DATE, TIME AND PLACE OF NEXT GECZ MEETINGS Special In-Person Meeting Monday 13 June 2011 – Shire of Merredin In-Person Meeting Wednesday 3 August 2011 – Perth Convention Centre In-Person Meeting Thursday 29 September 2011 – Shire of Narembeen

FUTURE PLAN IMPLICATIONS; Nil (unknown at this date)


That Council receive the Minutes of the Teleconference Meeting of the Great Eastern Country Zone WALGA held on Thursday 19th May 2011. That Council consider and determine motions adopted by the Great Eastern Country Zone WALGA Meeting as follows;

1. ………………………………………………………………………………………… 2. ………………………………………………………………………………………… 3. ………………………………………………………………………………………… 4. ………………………………………………………………………………………… 5. ………………………………………………………………………………………....

That Council accepts meeting venue rotation and hosting in Narembeen at the Narembeen Recreation Centre on Thursday 29th September 2011.

COUNCIL RESOLUTION

MIN 4814/11 MOTION - Moved Cr R Cole 2nd Cr HWJ Cowan That Council receive the Minutes of the Teleconference Meeting of the Great Eastern Country Zone WALGA held on Thursday 19th May 2011.

CARRIED 9/0


MINUTES

Note: That Council accepts meeting venue rotation and hosting in Narembeen at the Narembeen Recreation Centre on Thursday 29th September 2011. AGENDA ITEM: 8.4.2

Subject: Donations & Contributions – Local Bike Ride Fund Raising Event Applicant: Shire of Narembeen File Ref: 10.51.10 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 1st June 2011

BACKGROUND

Council has received correspondence from a Student of the Narembeen District High

School seeking sponsorship for a proposed 150km Bike Ride to raise funds for the

Victims of the Perth Bushfires.

Attachment/s: letter from Ryan Duffy Student Narembeen District High School COMMENT This item has been presented to Council for consideration towards the sponsorship request from the Youth of the District proposing to undertake a fund raising event by bike riding 150kms.

STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the council

(1) The council — (a) directs and controls 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.


MINUTES Section 3.1. General function



FINANCIAL IMPLICATIONS 2010/2011 Budget Document – general operating expense; Donations and Contributions.

• Local Government Act 1995 (as amended)

Section 6.2. Local government to prepare annual budget

(1) During the period from 1 June in a financial year to 31 August in the next financial year, or such extended time as the Minister allows, each local government is to prepare and adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial year ending on the 30 June next following that 31 August.

* Absolute majority required. POLICY IMPLICATIONS

Shire of Narembeen Policy Manual 2010 – no general policy on external donations, sponsorship requests & contributions exist and/or not in place. 4.1.14 DONATIONS ADOPTED BY ANNUAL BUDGET SETTING MOTION 3615 – 20/09/2006 The following are a list of organizations that Council is willing to make an annual contribution to with each donation being reviewed in the annual budget considerations.

• Narembeen Lions Club – Senior Citizens Dinner • Narembeen Numbats • Central Agcare • Eastern District Display Committee • Eastern Districts Small Business Centre Eastern Wheatbelt • Australia Day Council • Greening WA • Muntadgin Volunteer Fire Brigade • Narembeen Volunteer Fire Brigade.

All organisations that have money donated to them by Council may be requested to provide feedback on the benefit gained to the organisation by the usage of those funds.

FUTURE PLAN IMPLICATIONS: Nil (unknown at this date)


MINUTES STAFF RECOMMENDATION

That Council, authorises/declines a Donation/Contribution of $......................... to a proposed Fund Raising 150km Bike Ride Event as presented by Narembeen District

High School Student Ryan Duffy.

COUNCIL RESOLUTION

MIN 4815/11 MOTION - Moved Cr HWJ Cowan 2nd Cr R Cole That Council congratulates Mr Duffy on his Citizenship initiative with his encouraging letter however declines to make a Donation/Contribution to a proposed Fund Raising 150km Bike Ride Event as presented due to Council commitments of a continuing donation program to other organisations.

CARRIED

9/0

AGENDA ITEM: 8.4.3

Subject: RoeROC Executive Committee Meeting June 2011 Minutes Applicant: Executive Support Services c/- Shire of Kulin File Ref: 4.21.15 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date; 7th June 2011

BACKGROUND

The Minutes of the recent Member Council Meeting of the Voluntary Roe Regional Organisation of Councils (RoeROC) held on Thursday 2nd June 2011 at the Shire of Corrigin are provided to Council formally, with the aim of strengthening partnerships and continued development between member Councils and RoeROC. Presentation of Meeting Minutes is aimed at keeping Council abreast of forward/strategic planning initiatives of the Council Member Group and to consider outcomes from the RoeROC Council Meetings. RoeROC Executive Committee Delegate/s: Chief Executive Officer Next RoeROC Council Meeting: THURSDAY 23rd June 2011 commencing at

9.30am at the Shire of Kondinin Attachment/s: Minutes of RoeROC Executive Committee Meeting held Thursday 2nd


MINUTES

June 2011. COMMENT

Attached to this agenda item is a copy of the most recent RoeROC Executive Committee Meeting Minutes (not confirmed) that was held on Thursday 2nd June 2011 at the Shire of Corrigin Council Chambers. The intent is to list minutes of each Executive and Council Meeting formally as an Agenda Item. Agenda Listing ensures that Council is; i) aware of decision making and proposals submitted to the Ordinary Council Meeting ii) opportunity to prepare agenda items arising from consideration of these minutes iii) forward planning to commitments made by the full Council RoeROC Group and; iv) return the formality by Member Councils involved in the organization and provision of Executive Support Services to RoeROC. Summary of Resolutions arising out of the 2nd June 2011 RoeROC Executive Committee Meeting Minutes are presented hereunder and the full drafting of Minutes appended to this agenda item.

1. Additional EHO Staff Member – decision on support or not – estimated budget consideration within the range of $22,000 to $25,000 per local government member.

2. R4R – regional component be listed for consideration at next Full Council Meeting of RoeROC.

3. Central Wheatbelt Visitor Centre – meeting being convened by Shire of Merredin to discuss annual contributions.

4. New Integrated Planning and Reporting Framework for Local Government – budget estimates could be in the order of $15,000.00 per member Council.

5. Annual RoeROC Dinner – Local Government Convention Week – option selected for final determination by Councils.

6. Roe Tourism – continued support. 7. Eastern Districts Small Business Centre – continued support. 8. Doctor Regional Alliance – RoeROC seeking signature support to the Alliance

MOU from Narembeen. Financial support for a business case is another process and is being accepted by the three local government members to have Doctors in place.

STATUTORY IMPLICATIONS: NIL RoeROC Council and Executive Meetings follow sound administration and management practices in terms of researching and completing business requirements of the Volunteer Member Group. Administration and Business matters are benchmarked against Minutes, Agenda and Meeting procedure standards whilst recognising Local Government Act, Local Government (Financial Management) Regulations and Local Government (Administration) Regulations and other applicable regulations.

FINANCIAL IMPLICATIONS: 2010/2011 Budget and beyond; - indirect financial implications of hosting the a meeting/s of RoeROC


MINUTES - direct cash expenditure contributions to RoeROC requests and initiatives not budgeted for. - Group Member Subscriptions allowed for.

POLICY IMPLICATIONS

• Full RoeROC Council endorsement of the recommended position. • Each Member Council of RoeROC endorsing/promoting the

recommendations of the RoeROC Council Meeting. • RoeROC Memorandum of Understanding Document adopted by each

member Local Government.

RoeROC Council Delegate/s: President Cr Stephen Padfield Deputy President Cr Rhonda Cole

FUTURE PLAN IMPLICATIONS; Nil (unknown at this date)


That Council receive the Minutes of the Executive Committee Meeting of the Voluntary Roe Regional Organisation of Councils (RoeROC), held on Thursday 2nd June 2011 at the Shire of Corrigin Council Chambers. That Council consider and determine recommendations adopted by RoeROC Executive Committee Meeting as follows;

1. …………………………………………………………………………………………. 2. …………………………………………………………………………………………. 3. …………………………………………………………………………………………. 4. ………………………………………………………………………………………….

COUNCIL RESOLUTION

MIN 4816/11 MOTION - Moved Cr B Cusworth 2nd Cr S Parsons That Council receive the Minutes of the Executive Committee Meeting of the Voluntary Roe Regional Organisation of Councils (RoeROC), held on Thursday 2nd June 2011 at the Shire of Corrigin Council Chambers.

CARRIED

9/0

AGENDA ITEM: 8.4.4

Subject: new Eastern Wheatbelt BioSecurity Group Applicant: Adrian Chesson Administration Services DAFWA Lake Grace Office


MINUTES File Ref: 13.10.60 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 7th June 2011

BACKGROUND

COUNCIL RESOLUTION FROM 21ST APRIL 2010 MEETING MINUTES: MIN 4444/10 MOTION: Cr R Cole 2nd Cr Mortimore That Council co-signs the Eastern Wheatbelt Declared Species Group Agreement 2009-2010 for the Contract of Service Agreement for a Declared Animal Operator/s on land specified within the stated agreement for the purpose of controlling Wild Dogs. CARRIED 8/0

Council Delegate/s: Cr Halley Cowan

Attachment/s: Eastern Wheatbelt Declared Species Group (EWDSG) Meeting Minutes held at DAFWA Merredin Office on 4th April 2011. Next Meeting: AGM Meeting on Monday 19th September 2011 at DAFWA Offices

Merredin.

COMMENT

The Eastern Wheatbelt BioSecurity Group Inc also known as the Eastern Wheatbelt Declared Species Group has moved to adopt incorporation and adopt rules of association. Previously the Eastern Wheatbelt Declared Species Group renewed their Agreement for Contract for Service Agreement in the 2009-2010 financial year with all group members co-signing the agreement. The Eastern Wheatbelt Declared Species Group hold a current Contract for Service Agreement with its Declared Animal Contractor. The understanding and agreement is summarised hereunder;

1. Control Work Contract Period – 1st January 2010 to 31st December 2012


MINUTES

2. Control Work Location – State Barrier Fence from east of Narembeen to east of Lake King.

3. Objectives – to maintain and repair State Barrier Fence to reduce incursions of wild dogs into private lands.

4. Strategies to be implemented – Landholders to remove and replace 32km of State Barrier Fence, with subsequent maintenance to be carried out 133km of State Barrier Fence from within the stated section.

5. MOU between Landholders and DAFWA to enable the 32km of State Barrier Fence within the Declared Species Group area to be built and/or upgraded to dog proof standards by landholders is reflected in the significant in-kind contribution by the local community.

STATUTORY IMPLICATIONS LOCAL GOVERNMENT ACT 1995 (as amended) Section 2.7. The role of the council


functions.


resources; and (b) determine the local government’s policies. Section 3.1. General function



AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976 Section 39. Department to control declared plants and animals

A Government department shall control declared plants and declared animals on and in relation to public land under its control.

Section 40. Inspection and advice

(1) An inspector or authorised person who finds declared plants or declared animals or signs or marks of declared animals on or in the vicinity of public land that is under the control of a Government department shall notify the department of that fact.

(2) An inspector or authorised person may advise a Government department as to the measures that should be taken by it to control declared plants and declared animals on and in relation to land under its control.

Section 41. Agreements

(1) The Protection Board and a Government department may enter into agreements for the supply by the Protection Board to the Government department of materials, appliances and services for the control of declared plants and declared animals at such costs as shall be agreed.


MINUTES (2) Subject to such limitations as may be prescribed the Protection Board and a

Government department, as parties to an agreement referred to in subsection (1), may agree to extend or vary the agreement from time to time, or to discharge the agreement.

FINANCIAL IMPLICATIONS: Member Local Governments will be required to significantly contribute financially to the new BioSecurity Group. POLICY IMPLICATIONS: Nil (not applicable at this date)

Eastern Wheatbelt Declared Species Group Agreement 2009/2010

Eastern Wheatbelt Declared Species Agreement for Funding Allocation

Eastern Wheatbelt BioSecurity Group Inc



That Council endorses the rules of association for the new Eastern Wheatbelt Bio-Security Group Inc. and continue to be a member of the new group acknowledging financial contributions required to be made as determined and approved by the Council.

COUNCIL RESOLUTION

MIN 4817/11 MOTION - Moved Cr R Hayter 2nd Cr HWJ Cowan That Council endorses the rules of association for the new Eastern Wheatbelt Bio-Security Group Inc. and continue to be a member of the new group acknowledging financial contributions required to be made as determined and approved by the Council.

CARRIED

9/0

AGENDA ITEM: 8.4.5

Subject: Donations & Contributions – Central AgCare Inc Car Restraints Project Applicant: Shire of Kondinin c/- Central AgCare Inc File Ref: 10.51.10 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 7th June 2011


MINUTES

BACKGROUND

Council has received correspondence from the Grants Officer at the Shire of

Kondinin on behalf of the central AgCare Group Inc. in regards to a

contribution/sponsorship to a proposed Car Restraints Project.

Council Delegate/s: Cr Brad Cusworth Attachment/s: Email Correspondence from Grants Officer at the Shire of Kondinin on behalf of the Central AgCare Group in regards to a Car Restraints Project. COMMENT This enclosed correspondence outlines the proposed Car Restraints Project particularly purchasing a number of Car Restraints and then hire the Child Restraints out to Families in need during current difficult times. Each Member of Central AgCare is being requested to contribute $500 each and broad conditions for hire have been presented. Council is a supporting and financial member of the Central AgCare Counselling Group.



functions.







MINUTES 2010/2011 Budget Document – general operating expense; Donations and Contributions.

• Local Government Act 1995 (as amended)

Section 6.2. Local government to prepare annual budget

(1) During the period from 1 June in a financial year to 31 August in the next financial year, or such extended time as the Minister allows, each local government is to prepare and adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial year ending on the 30 June next following that 31 August.

* Absolute majority required. POLICY IMPLICATIONS

Shire of Narembeen Policy Manual 2010 – no general policy on external donations, sponsorship requests & contributions exist and/or not in place. 4.1.14 DONATIONS ADOPTED BY ANNUAL BUDGET SETTING MOTION 3615 – 20/09/2006 The following are a list of organizations that Council is willing to make an annual contribution to with each donation being reviewed in the annual budget considerations.

• Narembeen Lions Club – Senior Citizens Dinner • Narembeen Numbats • Central Agcare • Eastern District Display Committee • Eastern Districts Small Business Centre Eastern Wheatbelt • Australia Day Council • Greening WA • Muntadgin Volunteer Fire Brigade • Narembeen Volunteer Fire Brigade.

All organisations that have money donated to them by Council may be requested to provide feedback on the benefit gained to the organisation by the usage of those funds.



That Council, authorises/declines a Donation/Contribution of $ 500 towards a

proposed Car Restraints Project initiated by Central AgCare Counselling Group as

presented by the Shire of Kondinin on behalf of the Central AgCare Group.

COUNCIL RESOLUTION


MINUTES MIN 4818/11 MOTION - Moved Cr R Cole 2nd Cr B Cusworth That Council provides a letter of support towards the proposed Car Restraints Project coordinated by Central Ag-Care Counselling Group.

CARRIED 9/0

REASON: financial modelling for the Car Restraints Project has changed and a contribution no longer required.

AGENDA ITEM: 8.4.6

Subject: Review of Policy Manual 2010 Applicant: Shire of Narembeen Administration File Ref: Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 7th June 2011

BACKGROUND

Council has requested to review its 2010 Policy Manual that was last reviewed

and/or amended and adopted during June-July 2010 period.

COMMENT Good governance standards and procedures allows for a review process of a number of documents including a local governments Policy Manual. There are a number of policies that need to be considered to ensure effective delivery of a local government’s governance, management, administrative and executive functions. The purpose of policy documents is to enable the effective and efficient management of Council resources and to assist designated and key Staff and the Council to achieve an equitable decision making process. Written policies also enable the community to be aware of the reasoning behind administrative and Council decisions to be familiar with the philosophy behind individual decisions. Policy statements enable much of the day-to-day business of Council to be handled by the Administration, freeing up the time of the Elected Members determining major policy and strategic direction. It is important to note that this manual contains the policy statement of the Council and does not contain procedural matters. A current policy manual of any organisation proves to be a valuable tool in improving the decision making process.


MINUTES A policy statement is not binding on Council but provides a guideline for Elected Members and Staff in determining individual applications or requests. Generally, policies evolve as issues come before Council and should continue to evolve though a process of review and refinement. For this reason, it is important that a review process in place. It is also possible for members of the community to seek an early review of a specific policy. Attachment/s: a copy of Councils current Policy Manual Council is encouraged to review each policy for relevancy and to review its existing policies with new policies. At the time of reviewing a Policy Manual Council is encouraged to consider the broad summary principles of policy development as summarised hereunder: Suggested policy framework Each policy is developed in order to address specific matters. They relate to objectives of a local government, and, in some instances, as required by legislation. Essentially, policies developed by a local government are aimed at ensuring and encouraging equity, fairness, access to information and decision making and effective management of community resources. Each policy generally includes: An objective statement (what the policy aims to achieve); A policy statement (what the policy is); A nominated person responsible for the policies implementation; A review period (when the policy should be reconsidered by Council); and The date of commencement including Council resolution number. Recommended Policy Review process; As the review period for a policy is reached, a report is prepared for Council consideration on any variations, which may have occurred in implementing the policy, the reasons behind those variations and any recommendations for amendment. At least bi-annually, the entire policy manual should be reviewed.



functions.




MINUTES Section 3.1. General function



FINANCIAL IMPLICATIONS: NIL

POLICY IMPLICATIONS Shire of Narembeen Policy Manual 2010 – annual review

FUTURE PLAN IMPLICATIONS: NIL


That Council endorse the following process being completed:

1. review of its Policy Manual

2. amend the Policy Manual as directed and as presented; and

3. adopt the new Shire of Narembeen Policy Manual 2011.

COUNCIL RESOLUTION

COUNCIL PRELIMINARY REVIEW OF POLICY MANUAL Progress Review completed to date as follows:

1. Policy 4.1.9 Flag Flown – no change 2. Policy 4.1.15 Shire of Narembeen Logo Usage and Approval

Amend to read: The Council records having adopted a design as its official logo which is to be shown on letterheads, envelopes and other Shire material, clothing and stationery as and when considered appropriate. No action is to be taken to register the logo under the Designs Act. That Council prohibits the use of Council Logo on non Council matters.

3. Policy 4.2.22 Council Donations – Amount Amend to read: That it is Council policy that no individual be granted monetary sponsorship by the Shire of Narembeen when fundraising to attend events held outside


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the Shire of Narembeen. In lieu of sponsorship Council would offer a Council venue free of charge to hold a fundraising function up to a value of $200.00.

4. Policy 4.3.16 Cheque Signing Arrangement Amend the amount: From $50,000 to $100,000 for individual payments From $50,000 to $250,000 for electronic fund transfers investment purposes.

5. Policy 7.2.4 Industrial Land – Fence Condition Amend to read; Condition of sale for all Industrial land be that a galvanized post linkmesh fence (minimum height of 1800mm with 75mm corner posts, 38mm internal posts) be constructed at front of lots only and have front yards on the land within 12 months of purchase. COUNCIL RESOLUTION: MIN 4819/11 MOTION: Moved Cr HWJ Cowan 2nd Cr S Parsons That the front of Industrial Land Lots be fenced to the adopted standard of the Council for lots with front yards only. CARRIED 9/0

6. Policy 10.1.6 Gravel Royalties Amend to read: .40 cents per cubic meter INCREASED from .30 cents per cubic meter. COUNCIL RESOLUTION: MIN 4820/11 MOTION: Moved Cr R Cole 2nd Cr S Parsons That Gravel Royalties payable by the Council be set at .40cents per cubic meter for gravel acquired. CARRIED 9/0

7. Policy 10.1.11 Road Width Amend to read: DELETE refer to Policy 10.1.18 states road widths.

8. Policy 10.1.15 Deep Drainage Crossing Road Reserves

Item 11: Amend to read: Item 11: That Council undertake works subject to guidelines and any damage or repairs responsibility of land owner.

9. Policy 10.1.16 Shallow Drainage

Amend to read; 1. Where drains are seen as advantage to Council Shire to undertake the work

on behalf of Farmers at cost for shallow drains. 2. Only on prior approval on position and placement of pipes. 3. No consideration for any assistance if works carried out prior to approval. All

signage and works to be responsibility of landowner with works to be completed in same day and in daylight hours only.

4. Condition that headwalls be constructed to Shire standards on Council Roads and/or Reserves. COUNCIL RESOLUTION: MIN 4821/11 MOTION: Moved Cr HWJ Cowan 2nd Cr R Cole Council to undertake work on behalf of Farmers, at cost for Shallow Drains. CARRIED 9/0


MINUTES

10. Policy 10.1.18 Road Clearing and Road Reconstruction Design Standards Amend to read re Policy Heading; “Road Design Standards”

11. Policy 10.2.2 Minimum Standard of Footpath

Amend to read; COUNCIL RESOLUTION: MIN 4822/11 MOTION: Moved Cr B Cusworth 2nd Cr

That minimum standard of footpath material to be used within the townsite boundaries includes Concrete and Asphalt as preferred materials and to exclude slurry seal red coloured material type. MOTION LAPSED for Want of a Seconder

COUNCIL RESOLUTION

RESOLVED that the Policy Manual Review agenda item be re-presented to Councils July 2011 Ordinary Meeting for final consideration.

REASON: Council identified previous decisions and policies since the last review not included in the current drafting and review process. Chaff Dumps Use of Shire Logo Use of Pool by Public – Aquatic Club Shop Tenants relating to Deposits and Removal of Signage on vacation. 4.27pm – Council adjourned for afternoon tea break. All those present at commencement of the meeting remained in the room for the afternoon tea break. 4.36pm – Council resumed the meeting. All those present at the commencement of the meeting remained in the Chamber at resumption of meeting after the afternoon tea break. AGENDA ITEM: 8.4.7 Subject: Public Health Bill and Review of Health Act 1911 Applicant: Public Health Advocacy Institute of WA at Curtin University Health Research Campus File Ref: 7.70.44 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 8th June 2011


MINUTES BACKGROUND The Public Health Advocacy Institute of WA (PHAIWA) writes to advise that it has recognised the 100th birthday of the Health Act 1911 during February of this year. The purpose of the correspondence is to advise that the current Health Act 1911 is long overdue for replacement by modern, flexible public health law, which provide appropriate and robust tools to tackle the traditional, as well as the new and emerging public health concerns of the 21st century. Following the 100th birthday of this Act (Health Act), the Minister for Health made a commitment to introduce the Bill to Parliament by the end of the year. One important inclusion in the Bill that will affect local governments throughout WA is the requirement to develop a Public Health Plan that identifies, evaluate and manages public health risks in your local government district. A Public Health Plan is a comprehensive set of proposed activities that informs the way in which the public health is managed within a local government and also provide an avenue of communication to your community. It identifies the health and wellbeing needs of your community and establishes priorities and strategies for a three year period. Director Professor Mike Daube (ex Public Servant) of the PHAIWA states that the Institute is committed as part of its work to assisting local governments address public health issues and services and would be very pleased to discuss this or other public health related matters with Council. Attachment/s: Draft Public Health Bill – Explanatory Notes Department of Health COMMENT Before commencing the Plan it is important for local government to understand its legal obligations. The PHAIWA advises that the Public Health Bill currently requires local government to develop a local Public Health Plan that is consistent with the State Public Health Plan. The contact serves a purpose to assist local government preparing for its Health Plan by provision of a “template” by the Advocacy Institute based at Curtin University. Hereunder is an extract from the proposed Bill that outlines local government legal obligations: 42. Local public health plans 1) a local government is to prepare, having regard to any relevant public health policy a public health plan (a “local public health plan”) that applies to its local government district. 2) A local public health plan is to be consistent with the State public health plan. 3) A local public health plan may be prepared in conjunction with a plan for the future of the local government district prepared under the Local Government Act 1995 section 5.56. 4) A local public health plan is to; a) identify the public health needs of the local government district; and b) include an examination of data relating to health status and health

determinants in the local government district; and


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c) establish objectives and policy priorities for – i) the promotion and protection of public health in the local government district; and ii) the development and delivery of public health services in the local government district; and d) identify how, based on available evidence, the objectives and policy priorities referred to in paragraph (c) are proposed to be achieved; and e) describe how the local government proposes to work with the CEO and other bodies undertaking public health initiatives, projects and programs to achieve the objectives and policy priorities referred to in paragraph (c); and f) include a strategic framework for the identification, evaluation and management of public health risks in the local government district and any other matters relating to public health risks in the local government district – i) that the local government considers it appropriate to include in the plan; or ii) that are required to be included in the plan by the CEO, a public health policy or the regulations; and g) include a report, in accordance with any relevant public health policy, on the performance by the local government of its function under this Act.

5) A Local Government is to review its local public health plan each year and may amend or replace it at any time. 6) Unless it is sooner replaced, a local public health plan is to be replaced at the end of the period of 3 years after it was prepared.

The proposed Public Health Bill also strongly suggests a changing and a growing role of employed Environmental Health Officers (EHO’s) employed by the Local Government yet “vetted” by the Commissioner of Public Health. The responsibilities will rise and as will the cost to a local government and its community. The proposed Public Health Bill and the required Public Health Plan is summarised that continued cost shifting is in place by the State Government and increasing responsibility shift by the State Government has not realised full allocation of financial resources to assist. It appears that local government will become an administrative arm of the Department of Health as has been the case with most recent changes to legislation i.e. Emergency Management, Bio-Security, etc. STATUTORY IMPLICATIONS Local Government Act 1995 Section 2.7. The role of the council


functions.





MINUTES (2) The scope of the general function of a local government is to be construed

in the context of its other functions under this Act or any other written law and any constraints imposed by this Act or any other written law on the performance of its functions.

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.

Local Government (Administration) Regulations 1996 Regulation19C. Planning for the future — LGA s. 5.56

(1) In this regulation and regulation 19D — plan for the future means a plan made under section 5.56.

(2) A local government is to make a plan for the future of its district in respect of the period specified in the plan (being at least 2 financial years).

(3) A plan for the future of a district is to set out the broad objectives of the local government for the period specified in the plan.

(4) A local government is to review its current plan for the future of its district every 2 years and may modify the plan, including extending the period the plan is made in respect of.

(5) A council is to consider a plan, or modifications, submitted to it and is to determine* whether or not to adopt the plan, or the modifications, as is relevant.

*Absolute majority required.

(6) If a plan, or modified plan, is adopted by the council then the plan or modified plan is to apply to the district for the period of time specified in the plan.

(7) A local government is to ensure that the electors and ratepayers of its district are consulted during the development of a plan for the future of the district, and when preparing any modifications of a plan.

(8) A plan for the future of a district is to contain a description of the involvement by the electors and ratepayers in the development of the plan, and any modifications of the plan.

(9) A local government is to ensure that a plan for the future made in accordance with this regulation applies in respect of each financial year after the financial year ending 30 June 2006.

Regulation19D. Notice of plan to be given

(1) After a plan for the future, or modifications to a plan, are adopted under regulation 19C the local government is to give local public notice in accordance with subsection (2).

(2) The local public notice is to contain — (a) notification that —


MINUTES (i) a plan for the future of the district has been adopted by the

council and is to apply to the district for the period specified in the plan; and

(ii) details of where and when the plan may be inspected; or (b) where a plan for the future of the district has been modified — (i) notification that the modifications to the plan have been

adopted by the council and the plan as modified is to apply to the district for a the period specified in the plan; and

(ii) details of where and when the modified plan may be inspected.

Health Act 1911 FINANCIAL IMPLICATIONS

• 2011/2012 Budget and onwards – general operating expenses relating to “potential of appointing Consultants” at a cost to the local government. Increased financial contributions to the responsibility of the State for provision of Health Services and for delivery of Health Services and Prevention to the district of a local government and/or to the State of Western Australia.

• Cost shifting principles being promoted by the State Government and the Department of Health.

• Annual Budgets to implement endorsed projects and outcomes POLICY IMPLICATIONS: Nil FUTURE (COMMUNITY STRATEGIC) PLAN IMPLICATIONS STAFF RECOMMENDATION That Council obtains further information on “risk management assessment” on proposed increased local government responsibilities and accountability under the Draft Public Health Bill from its employed Environmental Health Officer, and/or the Western Australian Local Government Association, and/or the Regional Environmental Health Officers Group and/or the Department of Health. COUNCIL RESOLUTION MIN 4823/11 MOTION - Moved Cr S Parsons 2nd Cr R DeLuis That Council obtains further information on “risk management assessment” on proposed increased local government responsibilities and accountability under the Draft Public Health Bill from its employed Environmental Health Officer, and/or the Western Australian Local Government Association, and/or the Regional Environmental Health Officers Group and/or the Department of Health. CARRIED 9/0 AGENDA ITEM: 8.4.8

Subject: Wheatbelt Land Use Planning Strategy – Public Comment & Submissions


MINUTES Applicant: Western Australian Planning Commission– Regional Planning & Strategy File Ref: 10.60.15 Disclosure of Interest (Staff): Liz Bushby employed Consultant to the Council Author: Liz Bushby Land Use Planning Consultant Gray & Lewis/Frank Peczka Chief Executive Officer Date: 9th June 2011

BACKGROUND

The Western Australian Planning Commission has prepared and released a draft

land use planning strategy for the Wheatbelt which is now available for public

comment and submissions invited.

The draft Strategy comprises two parts;

Part 1 – Regional Profile; the background and context report which provides the

rationale for Part 2. i.e. a background report which explores the issues and trends

facing the Wheatbelt.

Part 2 – The strategies, which are the land use planning responses to the issues

identified in Part 1 i.e. a strategy that delivers a land use planning response to

guide the long term future of the region.

Submissions close 1st July 2011 and forwarded to [email protected] or posted.

Great Eastern Country Zone Meeting held at the Shire of Merredin on Thursday 19th May 2011 Minutes reads:

8.0 ZONE BUSINESS

8.1 Review of State Planning Policy 2.5 - Land Use Planning in Rural Areas Summary Changes proposed in the policies include:

• new name to encompass all types of primary production • Greater guidance on establishing rural lifestyle precincts • More stringent requirements for water supplies in the context of

WA’s drying climate • Revised definitions • Highlighting the role rural land plays in the State’s economy


mailto:[email protected]

MINUTES

• Highlighting incentives for subdivision or rural land, including the introduction of an incentive for carbon sequestration in low rainfall areas

• Inclusion of a policy position for tree farming

RESOLUTION: Moved: Mr Powell Seconded: Mr Peczka That the Great Eastern Country Zone include in the Agenda for the Special Meeting to be held Monday 13 June 2011 the issue of the review of State Planning Policy 2.5 - Land Use Planning In Rural Areas and Development Control Policy 3.4 - Subdivision of Rural Land, with a representative from the Department of Planning familiar with the policy be invited to attend the Special Meeting.

CARRIED

COMMENT

The Department of Planning, on behalf of the Western Australia Planning Commission, has prepared a land use planning strategy for the Wheatbelt. The strategy plans for people and population in the region, facilitates economic development, considers settlement, land supply and infrastructure needs and seeks to protect the natural and cultural environment. Liz Bushby Land Use Planning Consultant Summary Statement: Liz Bushby Councils appointed Land Use Planning Consultant has kindly provided a report (attached to this agenda item) for consideration by the Council to assist the Council with development of a submission. The WAPC is currently advertising a Draft Wheatbelt Strategy until 29 August 2011, and it includes Narembeen. Liz completed a report for the Shire of Cranbrook and attached a copy to the Council as it may be of use to Council. Liz is of the opinion that Council have similar issues/ concerns over the strategy as does Districts like Quairading. The major concern is that there is really no recognition of opportunities for smaller regional outer towns, and the document focuses on growth pressure areas along the coast and closer to Perth. There is concern that this document focuses on existing residential and rural residential approvals mainly in the Chittering / Lancelin areas and based on those statistics concludes there is sufficient residential land supply for future growth in the entire Wheatbelt. There is no discussion on opportunities or any real support for growth in areas like Quairading and Narembeen. There is extreme concern that service providers such as Water Corporation will use this document (Land Use Strategy for the Wheatbelt) to prioritise their infrastructure improvements and upgrades to those identified regional and sub regional areas, and give lower priority to service upgrades for outer sub regional areas. Attachment/s: Copy of a Summary Report prepared by Councils appointed Land Use Planning Consultant


MINUTES



functions.





Town Planning and Development Act 2005

- sets out that responsibility for regional planning lies with the Western Australian Planning Commission (WAPC).

Shire of Narembeen Town Planning Scheme No 2 and Text

- recent investment in various strategies and policies may be “over ridden” by the Wheatbelt Region Scheme and therefore a real possibility for further erosion of development opportunities that is particularly not supported by provision of Public Infrastructure.

FINANCIAL IMPLICATIONS: Nil (not known at this date) POLICY IMPLICATIONS: Nil (not known at this time) FUTURE PLAN IMPLICATIONS: Nil (unknown at this time)


That Council prepares a submission to the Draft Wheatbelt Land Use Planning

Strategy April 2011, Document on the basis of Councils Land Use Planning

Consultant Report based on the best interests of the Wheatbelt Region and

Communities like Narembeen being prepared for continued development and growth

opportunities including associated investment in all rural communities.


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LAND USE PLANNING CONSULTANT RECOMMENDATION

That Council lodge a submission to the Western Australian Planning Commission advising of the following concerns over the Draft Wheatbelt Land Use Planning Strategy; 1. It is noted that Narembeen is included in the ‘Outer Arc’ sub region along with

the Shires of Cunderdin, Quairading, Dowerin, Moora, Goomalling, Victoria Plains, and Wongan Ballidu.

2. The Strategy is relatively broad however identifies a general hierarchy of

towns, and seems to place a higher emphasis on areas recognised as regional and subregional centres such as Northam, York, Narrogin, Toodyay and Moora.

3. Narembeen is recognised as a rural town in the Strategy hierarchy however is

not mentioned as an area that will accommodate any growth. Narembeen is only recognised as a smaller rural town with a ‘decline / stable’ population on the Strategy plan.

4. There is a strong inference that almost no growth will occur in areas such as

Narembeen and Quairading, and an emphasise that growth will only occur in the higher hierarchy centres and areas closer to Perth.

5. The resulting impact is the Strategy may limit growth or expansion

opportunities for other ‘lower hierarchy’ regional areas, such as Narembeen, by labelling them ‘stable declining’. Whilst it may not be intentional, the Strategy implies a bleak outlook for Narembeen and projects a negative perception for any future expansion or growth, failing to recognise local opportunities and characteristics.

6. The Strategy includes an action to “Consider revitalisation of underutilised,

serviced towns to provide for future populations” however there is concern that this will be used to promote increased population growth only in those major towns closer to Perth, already identified as being under growth pressure.

7. The Strategy focuses on using existing services and consolidation in existing

areas, however fails to recognise the need to protect a towns character and ideals of individual local communities. Whilst some consolidation (of residential areas) may be required, many people living in outer rural towns place a high value on retaining large lots, and do not seek to replicate higher densities or duplicate attributes of Perth urban suburbs. It is the rural character of areas that are highly valued by local rural communities.

8. The only action that specifically mentions Narembeen relates to ‘Environment’

and is to “Encourage the preparation of roadside flora and vegetation surveys in the Shires of Moora, Cunderdin, Tammin, Quairading, Bruce Rock, Narembeen, Kondinin, Pingelly, Wandering, Williams, Kulin and Lake Grace”. There was no discussion on any opportunities for Narembeen in the Strategy.


MINUTES 9. The Strategy map examines locations of CBH receival bins, airports, and

ports. It should also examine areas which have medical facilities such as hospitals and Doctor Surgeries as a priority.

10. There is concern that the Strategy seeks to provide a metropolitan

‘consolidate’ solution to population growth. The document needs to recognise that planning should provide increased flexibility for outer regional towns to take advantage of opportunities as they arise, capitalise on building and strengthening local communities by catering for growth, and that many smaller regional towns such as Narembeen have good facilities (such as hospital, pharmacy, Doctor, etc) that can service increased populations.

11. It is unclear as to the extent that the strategy will interfere with future local

government strategic planning. Part 2 of the Strategy is relatively ambiguous, non specific and seems to focus on identifying a hierarchy. It is important that the WAPC does not utilise the hierarchy in the strategy as a mechanism to unduly restrict future planning and local planning strategies for areas such as Narembeen.

12. Existing subdivision approvals are not an accurate indication of ultimate lots

to be created. There is no guarantee that approvals will be acted upon and this is acknowledged by the Strategy. Whilst there may overall be sufficient subdivision approvals to cater for future residential growth (of Perth), this does not translate to meeting the growth needs of local communities in Narembeen or other outer rural towns.

13. The Strategy should not capitalise on using existing approval statistics to

conclude that growth is not required in other regional towns. Approvals for rural residential lots in Chittering and residential lots in Lancelin do not diminish and that future growth may occur in other locations. The Strategy does not recognise that all regional towns may seek to offer a range of lifestyle lots and housing choices to attract new residents, regardless of population numbers.

14. It is difficult to identify any real positive outcomes of the strategy for

communities like Narembeen, and it provides increased justification for future urban growth, employment opportunities, and new industries to locate in larger identified ‘regional’ and ‘subregional’ towns. There is reservation that this will be a basis for resources to be only directed to projected growth areas, whereas resources needs to be allocated to support smaller regional rural towns.

15. The Strategy does not offer a high level of support to stimulate further

development and growth of existing smaller established towns, particularly those that have steady or declining populations.

16. The Strategy fails to substantially address the difficult issues faced throughout

Wheatbelt towns including challenges in providing services and employment opportunities for established smaller communities, local characteristics, higher development and subdivision costs, lack of future planning for infrastructure, limitations in local government resources and budget, lack of technical support, difficulties in attracting developers (with increasing ‘up front’ requirements such as urban water management plans), and higher construction costs.


MINUTES 17. Whilst the WAPC has examined the Wheatbelt Region at a broad level, there

is concern the document diminishes recognition of established outer regional towns, this may contribute towards further population decline in existing communities, and only promotes growth in areas already under pressure. The strategy does not provide any substantial support for smaller regional rural towns development and growth opportunities.

COUNCIL RESOLUTION

MIN 4824/11 MOTION - Moved Cr B Cole 2nd C. S Parsons That Council prepares a submission to the Draft Wheatbelt Land Use Planning Strategy April 2011, Document on the basis of Councils Land Use Planning Consultant Report based on the best interests of the Wheatbelt Region and Communities like Narembeen being prepared for continued development and growth opportunities including associated investment in all rural communities. LAND USE PLANNING CONSULTANT RECOMMENDATION That Council lodge a submission to the Western Australian Planning Commission advising of the following concerns over the Draft Wheatbelt Land Use Planning Strategy; 1. It is noted that Narembeen is included in the ‘Outer Arc’ sub region

along with the Shires of Cunderdin, Quairading, Dowerin, Moora, Goomalling, Victoria Plains, and Wongan Ballidu.

2. The Strategy is relatively broad however identifies a general hierarchy

of towns, and seems to place a higher emphasis on areas recognised as regional and subregional centres such as Northam, York, Narrogin, Toodyay and Moora.

3. Narembeen is recognised as a rural town in the Strategy hierarchy

however is not mentioned as an area that will accommodate any growth. Narembeen is only recognised as a smaller rural town with a ‘decline / stable’ population on the Strategy plan.

4. There is a strong inference that almost no growth will occur in areas

such as Narembeen and Quairading, and an emphasise that growth will only occur in the higher hierarchy centres and areas closer to Perth.

5. The resulting impact is the Strategy may limit growth or expansion

opportunities for other ‘lower hierarchy’ regional areas, such as Narembeen, by labelling them ‘stable declining’. Whilst it may not be intentional, the Strategy implies a bleak outlook for Narembeen and projects a negative perception for any future expansion or growth, failing to recognise local opportunities and characteristics.

6. The Strategy includes an action to “Consider revitalisation of

underutilised, serviced towns to provide for future populations” however there is concern that this will be used to promote increased


MINUTES

population growth only in those major towns closer to Perth, already identified as being under growth pressure.

7. The Strategy focuses on using existing services and consolidation in

existing areas, however fails to recognise the need to protect a towns character and ideals of individual local communities. Whilst some consolidation (of residential areas) may be required, many people living in outer rural towns place a high value on retaining large lots, and do not seek to replicate higher densities or duplicate attributes of Perth urban suburbs. It is the rural character of areas that are highly valued by local rural communities.

8. The only action that specifically mentions Narembeen relates to

‘Environment’ and is to “Encourage the preparation of roadside flora and vegetation surveys in the Shires of Moora, Cunderdin, Tammin, Quairading, Bruce Rock, Narembeen, Kondinin, Pingelly, Wandering, Williams, Kulin and Lake Grace”. There was no discussion on any opportunities for Narembeen in the Strategy.

9. The Strategy map examines locations of CBH receival bins, airports,

and ports. It should also examine areas which have medical facilities such as hospitals and Doctor Surgeries as a priority.

10. There is concern that the Strategy seeks to provide a metropolitan

‘consolidate’ solution to population growth. The document needs to recognise that planning should provide increased flexibility for outer regional towns to take advantage of opportunities as they arise, capitalise on building and strengthening local communities by catering for growth, and that many smaller regional towns such as Narembeen have good facilities (such as hospital, pharmacy, Doctor, etc) that can service increased populations.

11. It is unclear as to the extent that the strategy will interfere with future

local government strategic planning. Part 2 of the Strategy is relatively ambiguous, non specific and seems to focus on identifying a hierarchy. It is important that the WAPC does not utilise the hierarchy in the strategy as a mechanism to unduly restrict future planning and local planning strategies for areas such as Narembeen.

12. Existing subdivision approvals are not an accurate indication of ultimate

lots to be created. There is no guarantee that approvals will be acted upon and this is acknowledged by the Strategy. Whilst there may overall be sufficient subdivision approvals to cater for future residential growth (of Perth), this does not translate to meeting the growth needs of local communities in Narembeen or other outer rural towns.

13. The Strategy should not capitalise on using existing approval statistics

to conclude that growth is not required in other regional towns. Approvals for rural residential lots in Chittering and residential lots in Lancelin do not diminish and that future growth may occur in other locations. The Strategy does not recognise that all regional towns may seek to offer a range of lifestyle lots and housing choices to attract new residents, regardless of population numbers.


MINUTES 14. It is difficult to identify any real positive outcomes of the strategy for

communities like Narembeen, and it provides increased justification for future urban growth, employment opportunities, and new industries to locate in larger identified ‘regional’ and ‘subregional’ towns. There is reservation that this will be a basis for resources to be only directed to projected growth areas, whereas resources needs to be allocated to support smaller regional rural towns.

15. The Strategy does not offer a high level of support to stimulate further

development and growth of existing smaller established towns, particularly those that have steady or declining populations.

16. The Strategy fails to substantially address the difficult issues faced

throughout Wheatbelt towns including challenges in providing services and employment opportunities for established smaller communities, local characteristics, higher development and subdivision costs, lack of future planning for infrastructure, limitations in local government resources and budget, lack of technical support, difficulties in attracting developers (with increasing ‘up front’ requirements such as urban water management plans), and higher construction costs.

17. Whilst the WAPC has examined the Wheatbelt Region at a broad level,

there is concern the document diminishes recognition of established outer regional towns, this may contribute towards further population decline in existing communities, and only promotes growth in areas already under pressure. The strategy does not provide any substantial support for smaller regional rural towns development and growth opportunities.

CARRIED

9/0

AGENDA ITEM 8.4.9

Subject: Self Supporting Loan Application Applicant: Narembeen Homes for the Aged Inc. File Ref: 9.20.60 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 9th June 2011

BACKGROUND

The Narembeen Homes for the Aged Inc. has requested Council consideration and support to a Self Supporting Loan Application to assist with construction of two (2) Aged Persons Units in Ada Street due for completion in the 2011/2012 Financial Year.


MINUTES COMMENT

The Narembeen Homes for the Aged Inc. have determined that Joint Venture

Funding Programs have ceased for the time being and the Community is in urgent

need of additional accommodation units.

Council has agreed to construct the required building pads as an additional

contribution towards the project at cost to the Council.

The Narembeen Homes for the Aged Inc Management Committee have provided a

copy of its minutes to endorse the directions of the management committee

considering this matter.

Quotes for a Self Supporting Loan of $250,000 over a period of ten (10), fifteen

(15) and twenty (20) year period have been obtained and presented to the

Narembeen Homes for the Aged Inc. for their determination of the loan period.

Estimated Loan Repayment costs vary from $33,500 approx per annum for the

shorter loan borrowing period of ten years to $22,000 for the longer loan borrowing

period of twenty years.

Recent quotes on current loan borrowing interest rates obtained from the WA

Treasury Corporation indicate that there may have been a small drop since the

formal quote was obtained on behalf of the Narembeen Homes for the Aged Inc

Management Committee.

The Narembeen Homes for the Aged Inc. will be required to provide their latest

Audited Financial Statements and current Bank Account Balance and Financial

Statement to verify their ability to meet repayments on the Loan Borrowing amount.

This is required for good governance and internal audit requirements of the Council.

Attachment/s: Quotes on Loan Borrowing Interest rates obtained from the WA Treasury Corporation Minutes form the Narembeen Homes for the Aged Inc Management Committee Meeting held on 7th April 2011

STATUTORY IMPLICATIONS

Local Government Act 1995 (as amended)


MINUTES 6.2. Local government to prepare annual budget (1) During the period from 1 June in a financial year to 31 August in the next

financial year, or such extended time as the Minister allows, each local government is to prepare and adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial year ending on the 30 June next following that 31 August.

* Absolute majority required.

(4) The annual budget is to incorporate — (a) particulars of the estimated expenditure proposed to be incurred by

the local government; (d) the particulars of borrowings and other financial accommodation

proposed to be entered into by the local government; 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 —

(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.


6.20. Power to borrow (1) Subject to this Act, a local government may — (a) borrow or re-borrow money; (b) obtain credit; or (c) arrange for financial accommodation to be extended to the local

government in ways additional to or other than borrowing money or obtaining credit,

to enable the local government to perform the functions and exercise the powers conferred on it under this Act or any other written law.

(2) Where, in any financial year, a local government proposes to exercise a power under subsection (1) (power to borrow) and details of that proposal have not been included in the annual budget for that financial year —

(a) unless the proposal is of a prescribed kind, the local government must give one month’s local public notice of the proposal; and

(b) the resolution to exercise that power is to be by absolute majority.

(3) Where a local government has exercised a power to borrow and — (a) it does not wish to proceed with the performance of the function or

the exercise of the power for which the power to borrow was exercised; or

(b) after having completed the performance of the function or the exercise of the power for which the power to borrow was exercised, any part of the money borrowed, credit obtained or financial accommodation arranged has not been expended or utilized,


MINUTES the local government may resolve* to expend the money or utilize the credit

or financial accommodation for another purpose if one month’s local public notice is given of the proposed change of purpose.


(4) A local government is not required to give local public notice under subsection (3) —

(a) where the change of purpose has been disclosed in the annual budget of the local government for the relevant financial year; or

(b) in such other circumstances as are prescribed.

(5) A change of purpose referred to in subsection (3) is to be disclosed in the annual financial report for the year in which the change occurs.

6.21. Restrictions on borrowing

(2) Where, under section 6.20(1), a local government borrows money, obtains credit or arranges for financial accommodation to be extended to the local government that money, credit or financial accommodation is only to be secured by giving security over the general funds of the local government.

(3) The Treasurer or a person authorised in that behalf by the Treasurer may give a direction in writing to a local government with respect to the exercise of its power under section 6.20(1) either generally or in relation to a particular proposed borrowing and the local government is to give effect to any such direction.

(4) In this section and in section 6.23 — general funds means the revenue or income from — (a) general rates; (b) Government grants which were not given to the local government for

a specific purpose; and (c) such other sources as are prescribed. Local Government (Financial Management) Regulations 1996 (FMR) FMR 29. Borrowings information

The notes to the annual budget are to include —; (d) where, in the financial year to which the budget relates, it is

proposed to exercise the power to borrow under section 6.20, details of —

(i) the purpose for which the money is to be borrowed; (ii) an estimate of the amount to be borrowed; (iii) the nature of the proposed financial accommodation; (iv) an estimate of the term of the repayment; (v) an estimate of the interest rate and other charges payable; (vi) an estimate of the amount of the borrowings to be used

during the financial year; and (vii) an estimate of the amount which will remain unused at

30 June; and


MINUTES (f) in relation to the repayment of money borrowed, an estimate of — (i) the principal liability brought forward on 1 July; (ii) the amount of interest and other charges due to the lender

during the financial year; (iii) the amount of the reduction of the principal sum to be made

during the financial year; (iv) the principal liability which will remain at 30 June; and (v) the amount to be financed by revenue of the local

government, other than fees and charges, derived directly for the purpose of reimbursing the local government (wholly or partially) for that repayment.

FINANCIAL IMPLICATIONS: Nil (cost of staff time completing this return)

POLICY IMPLICATIONS: Nil (no accounting policy exists)

FUTURE PLAN IMPLICATIONS: Nil (not known at this date)


That Council endorses and authorises the following instructions and determinations of

the Council to borrow money to the Narembeen Homes for the Aged Inc. on the

following basis:

1. Loan Condition - Self Supporting Loan with all annual repayment costs

including Principal and Interest to be met by the Narembeen Homes for the

Aged Inc.

2. Organisation: Narembeen Homes for the Aged Inc.

3. Principal Amount Borrowed $250,000

4. Term of Loan – twenty (20) years

5. Repayment Schedule – semi annual

6. Interest Rate – Ruling Market Rate

7. Loan Purpose – contribute to Construction of two (2) Aged Person Units in

Ada Street Narembeen

COUNCIL RESOLUTION

MIN 4825/11 MOTION - Moved Cr B Cusworth 2nd Cr B Cole That Council endorses and authorises the following instructions and determinations of the Council to borrow money to the Narembeen Homes for the Aged Inc. on the following basis:


MINUTES

1. Loan Condition - Self Supporting Loan with all annual repayment costs including Principal and Interest to be met by the Narembeen Homes for the Aged Inc.

2. Organisation: Narembeen Homes for the Aged Inc. 3. Principal Amount Borrowed $250,000 4. Term of Loan – twenty (20) years 5. Repayment Schedule – semi annual 6. Interest Rate – Ruling Market Rate 7. Loan Purpose – contribute to Construction of two (2) Aged Person Units in

Ada Street Narembeen

CARRIED

9/0

By Absolute Majority

AGENDA ITEM: 8.4.10

Subject: Pioneer Memorial – Proposed Relocation Applicant: Narembeen Historical Society

File Ref: 11.60.90 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 10th June 2011

BACKGROUND Council Ordinary Meeting held on 19th May 2011 Minute reads: COUNCIL RESOLUTION MIN 4791/11 MOTION: Moved Cr Cowan 2nd Cr B Cole That Council allow Narembeen Historical Society Pioneer Memorial to remain on corner lot at intersection of Brown Street and Cheetham Way. CARRIED 8/0 President Cr Padfield and the CEO met with representatives of the Narembeen Historical Society on Monday 23rd May 2011 to discuss various matters that Council were unable to finalise at its May Meeting. Narembeen Historical Society responding to Councils previously submitted correspondence and information regarding the Historical Society’s original request for possible relocation of the “Pioneer Memorial” and its more recent request to retain


MINUTES the lot and Pioneer Memorial plus landscape the lot and possibly establish this lot as a park, located on the corner lot of Brown and Currall Streets. Councils has previously announced its intention to extend its residential subdivision by 11 lots to the stated area currently occupied by the Historical Society and the Arts & Craft Group. COMMENT The President Cr Padfield and the Chief Executive Officer met with six (6)

representatives from the Narembeen Historical Society to discuss a range of matters

relating to the proposed and planned sub-division of the eastern residential precinct

of Cheetham Way and Brown Street.

Matters raised during the discussions include in summary form:

1. relocation of Pioneer Memorial after further examination

2. relocation and re-erection of the larger north side Shed

3. removal of the smaller Shelter

4. value of residential lot forfeiture

5. future planning and land requirements for machinery display and shelter

6. consolidation of machinery display areas

7. greater utilisation of current land in Churchill Street and extension of shed

space for storage of machinery

8. Council will not be purchasing additional land for machinery display

9. Utilisation of the new Community Shed Site in regards to rear sheds for

possible storage and display of machinery items

10. the ability of the Society members to voluntary contribute towards relocation and re-erection planning of sheds to assist Council with smooth transition

11. The greater attraction for the Pioneer Memorial to another site and more attractively to the Churchill Street Lot to increase exposure and visitation.

12. The broad principle of historical precinct development in Quairading and

Corrigin was discussed.

Further options for consideration by the Council IF the Pioneer Memorial remains on

the identified corner lot is the added expense to develop and/or forgo the corner lot

for residential purposes and give it the appropriate landscape and attraction is to

relocate the larger machinery display currently to the north end and relocate onto

the corner and retain some heritage of machinery at the proposed pioneer site for

viewing and attraction to the site.


MINUTES STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the Council


functions.





2011/2012 Budget – capital revenue: Land Sales – loss of potential sale of vacant

residential land approx $40,000.

- increased minor capital costs for further

development of the corner lot with shelters, seating, signage, pathways, etc if the

Memorial remains - $5,000 cost approx.

Local Government Act 1995 (as amended) Section 6.2. Prepare annual budget - requires local government to prepare an annual budget inclusive of all known expenses and revenue. POLICY IMPLICATIONS

Shire of Narembeen Policy Manual 2010

- Policy 7.2.1 relates to the Sale of Residential Land particularly vacant

residential land in Brown Street and Cheetham Way Narembeen.

- Policy 7.2.2 relates to special conditions on sale of land



That Council determines the appropriate use of vacant residential corner lot at the

intersection of Brown Street and Cheetham Way having regard for the Narembeen

Historical Society request for retention of the Pioneer Memorial on its current site


MINUTES and determine further and required development of the Lot including relocation of

identified structures.

COUNCIL RESOLUTION RESOLVED, that the matter lay on the table. REASON: pending an up to date response from the Narembeen Historical Society AGENDA ITEM: 8.4.11

Subject: Review of “Factory Unit” Property Lease and Advertising for Expression of Interest – Doreen Street Narembeen Applicant: Shire of Narembeen

File Ref: 10.80.20 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 10th June 2011 BACKGROUND Council Meeting held on 19th May 2011 Minute Reads: COUNCIL RESOLUTION Resolved this item to lay on table Council previously received an application for preliminary Expression of Interest to Lease Council Property located in Doreen Street known as the north side “Factory Unit”. Current Tenant is vacating the premises and in more recent times Council has received an expression of interest from a local business currently based out of town to move into the town to improve manufacturing and marketing of this particular timber manufacturing business. COMMENT

The enquirer has advised that they are favouring another site in the centre of town

at the time or around the time of Councils May Ordinary Meeting date. I understand

that the preferred location at that time has now failed to proceed with occupancy.

I have made a further enquiry about alternatives and options to house the furniture

manufacturing business in the townsite and have referred this interest to the

enquirer.


MINUTES The current factory unit is of around 150m2 of floor space plus ablution facility plus

front office area and good service entry points at front and rear. It appears that 3

phase electricity capacity is available to the street and to the property should this

be required.

With an Expression of Interest being received for Factory style Unit for a

manufacturing business, Council has no other opportunities to offer an interim

incentive and create an opportunity to house such an applicant.

Council may consider improvements to the property acknowledging that some years

have passed since construction of the mentioned units. Currently these are the only

deemed suitable “Factory/Commercial” type of units available for consideration towards

rental dependant upon the applicant business.

Attachment/s: Copy of email correspondence exchange between the enquirer and Council Office to determine availability and suitability for the business to relocate into town. STATUTORY IMPLICATIONS Local Government Act 1995 (as amended) Section 2.7. The role of the Council


functions.




Section 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.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition — (i) describing the property concerned; and


MINUTES (ii) giving details of the proposed disposition; and (iii) inviting submissions to be made to the local government

before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

and (b) it considers any submissions made to it before the date specified in

the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4) The details of a proposed disposition that are required by subsection (3) (a) (ii) include —

(a) the names of all other parties concerned; and (b) the consideration to be received by the local government for the

disposition; and (c) the market value of the disposition — (i) as ascertained by a valuation carried out not more than

6 months before the proposed disposition; or (ii) as declared by a resolution of the local government on the

basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.

(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.

Town Planning Scheme No 2 ZONING CLASSIFICATION: - Town Centre TOWN CENTRE SITE REQUIREMENTS: - At the Councils discretion SOME OF TOWN CENTRE ZONING DEVELOPMENT REQUIREMENTS: - 4.10.3.1 - in considering an application for planning approval for a proposed development (Including additions and alterations to existing development) in the town centre the Council shall have regard to the following:

a) the colour and texture of external building materials, etc b) building size, height, bulk, roof pitch c) setback and location of the type of building on its lot d) architectural style and design details of the building e) function of the building f) relationship to surrounding development; and


MINUTES

g) other characteristics considered by the Council to be relevant.

SOME OF TOWN CENTRE ZONING DEVELOPMENT REQUIREMENTS: - 4.10.3.3 Landscaping shall complement the appearance of the proposed development and the town centre. FINANCIAL IMPLICATIONS

2010/2011 Budget – operating revenue - Council Property Leasing operations and

Lease Fee to the Factory Unit currently set at $80.00 per week.

Local Government Act 1995 (as amended) Section 6.2. Prepare annual budget - requires local government to prepare an annual budget inclusive of all known expenses and revenue. POLICY IMPLICATIONS

Shire of Narembeen Policy Manual 2010 – no policy exists relating to the

administration and/or management of the Doreen Street Factory Unit Centre.



That Council; 1. Advertise for Expression of Interest to Lease the north side Doreen Street

factory Unit.

2. Authorise the Chief Executive Officer to negotiate with a successful applicant within the parameters set by the Council for approved Lease of the north side Doreen Street factory Unit

3. Authorise identified improvements to the Doreen Street Factory Units and provide a budget allocation for such.

COUNCIL RESOLUTION MIN 4826/11 MOTION - Moved Cr HWJ Cowan 2nd Cr B Cusworth That Council;


MINUTES

1. Advertise for Expression of Interest to Lease the north side Doreen Street factory Unit.

2. Authorise the Chief Executive Officer to negotiate with a successful

applicant within the parameters set by the Council for approved Lease of the north side Doreen Street factory Unit

CARRIED 9/0

REASON: Council seek to advertise to ascertain interest in the current building prior

to determining continuing use. DISCUSSION ON POSSIBLE AND FUTURE USE OF THE DOREEN STREET FACTORY UNIT BUILDING – VOLUNTEER FIRE SERVICE STATION BUILDING COUNCIL RESOLUTION MIN 4827/11 MOTION - Moved Cr B Cole 2nd Cr HWJ Cowan That Council writes to FESA and request FESA to establish a Volunteer Fire Service (VFS) Unit in Narembeen. CARRIED 9/0 AGENDA ITEM 8.4.12

Subject: Compliance Audit Return (CAR) 2010 Applicant: Department of Local Government File Ref: 4.50.10 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 10th June 2011

BACKGROUND Council Meeting Held on 19th May 2011 Minute Reads: COUNCIL RESOLUTION The Compliance Audit Return (CAR) 2010 to lay on table for June meeting. The Department of Local Government requires all local governments to complete the Annual 2010 Compliance Audit Return (CAR).


MINUTES The Compliance Audit Return is one of the tools that allow Council to monitor how the organization is functioning. The Compliance Audit Return (CAR) has been amended to incorporate the amendments made to the Local Government Act 1995 (the Act) and associated regulations. Each Local Government is to carry out a compliance audit for the period 1st January to 31st December 2010 against the requirements included in the 2010 Compliance Audit Return. On completion of the compliance audit the local government is to complete the Compliance Audit Return. After the Compliance Audit Return (CAR) has been presented to the Council, a certified copy of the Return along with the relevant section of the minutes and any additional information explaining or qualifying the compliance audit is to be submitted to the Director General, Department of Local Government by 31st March 2011 or soon as possible after this date. Council has been unable to achieve completion of the annual return due to other business priorities of the Council and the increased detail required to complete the return. COMMENT The return (CAR) requires Council to endorse any remedial action taken or proposed to be taken in regard to instances of non-compliance. The Compliance Audit Return (CAR) has been a mandatory requirement since the Local Government (Audit) Regulations 1999, were amended and made applicable from 1st January 2000. The Annual Compliance Audit Return (CAR) is to be;

• Presented to the Council at a meeting of the Council • Adopted by the Council; and • Re corde d in the Minute s of the me e ting a t which it is a dopte d.

A certified copy of the return together with; a) a copy of the relevant section of the minutes of adoption at the meeting of Council; and b) any additional information explaining or qualifying the compliance audit, is to be submitted to the Executive Director of the Department of Local Government by 31 March next following the period to which the return relates. The Return is to be jointly certified by the President and the Chief Executive Officer and the certification read aloud to the meeting. It appears the CAR is being further reviewed and streamlined by the Department of Local Government to ensure that the Return remains a relevant tool for Local Government and to reduce ambiguous questions in the return.

STATUTORY IMPLICATIONS Local Government (Audit) Regulations 1996

• Regulation 14. Compliance Audit Return to be prepared (1) A local government is to carry out a compliance audit for the period 1 January to 31 December in each year.


MINUTES (2) After carrying out a compliance audit the local government is to prepare a compliance audit return in a form approved by the Minister. (3) A compliance audit return is to be —

(a) presented to the council at a meeting of the council; (b) adopted by the council; and (c) recorded in the minutes of the meeting at which it is adopted.

• Regulation 15. Completion of Compliance Audit (1) After the compliance audit return has been presented to the council in accordance with regulation 14(3) a certified copy of the return together with —

(a) a copy of the relevant section of the minutes referred to in regulation 14(3) (c); and (b) any additional information explaining or qualifying the compliance audit, is to be submitted to the Executive Director by 31 March next following the period to which the return relates.

(2) In this regulation — “certified” in relation to a compliance audit return means signed by — (a) the mayor or president; and

(b) the CEO.

Local Government Act 1995 (as amended) - sections 3.12 and 3.16 relating to the review, preparation and making of local laws - sections 3.50, 3.51 and 3.52 relating to the closure of public thoroughfares - section 3.57 relates to the tendering of goods and services - section 3.59 relates to preparation of business plan for a commercial or trading enterprise - sections 2.25, 5.4, 5.5, 5.7, 5.8, 5.10, 5.12, 5.15, 5.21, 5.22, 5.23, 5.25, 5.27, 5.29, 5.32, 5.33, 5.103, relates to the meeting processes of a local government - sections 5.16, 5.18, 5.42, 5.43, 5.44, 5.45, 5.46 relates to the delegation of power/duty - sections 5.67, 5.68, 5.73, 5.75, 5.76, 5.77, 5.88, 5.103 relates to the Disclosure of Interest by Councillors and/or Staff - sections 5.53 to 5.100 relates to annual reports and future plan - sections 6.2 to 6.13 relates to budgets, financial reports, trust funds and change of purpose of a reserve - sections 6.17 to 6.76 relates to discounts, borrowings, service charge and fees and charges - sections 7.3 to 7.9 relates to the appointment of auditors - section 9.4 to 9.29 relates to appeal provisions - section 3.58 to relates to disposal of property - section 40 relates to cemeteries - section 21 relates to caravan parks and camping grounds Subsidiary Statutory Acts and Regulations to achieve compliance - Local Government (Uniform Local Provisions) Regulations 1996 – regulation 9 - Local Government (Functions and General) Regulations 1997 (as amended) – tenders for the supply of goods and services - Local Government (Administration) Regulations 1996 (as amended) - Local Government (Financial Management) Regulations 1996 (as amended) - Local Government (Audit) Regulations 1996 - Local Government Grants Act 1978 – section 12 - Local Government (Miscellaneous Provisions) Act 1960 – section 245(A) relates to inspections of swimming pools - Cemeteries Act 1986 – section 40 - Caravan Parks and Camping Grounds Act 1995 – section 21 - Local Government (Elections) Regulations 1997


MINUTES

FINANCIAL IMPLICATIONS: Nil (cost of staff time completing this return) POLICY IMPLICATIONS: Nil (good governance standards)



1. That Council adopts the 2010 Compliance Audit Return, as the Official Return of the Council for the period, 1st January 2010 to 31st December 2010. 2. That Council accepts the Compliance Qualification Report as part of adoption of the 2010 Compliance Audit Return. 3. That the Compliance Audit Return 2010 be executed by the President and the Chief Executive Officer jointly and submitted to the Director General of the Department of Local Government.

COUNCIL RESOLUTION

MIN 4828/11 MOTION - Moved Cr HWJ Cowan 2nd Cr K Mortimore 1. That Council adopts the 2010 Compliance Audit Return, as the Official Return of the Council for the period, 1st January 2010 to 31st December 2010. 2. That Council accepts the Compliance Qualification Report as part of adoption of the 2010 Compliance Audit Return. 3. That the Compliance Audit Return 2010 be executed by the President and the Chief Executive Officer jointly and submitted to the Director General of the Department of Local Government.

CARRIED 8/1 Cr Cusworth recorded his vote against the motion AGENDA ITEM 8.4.13 – LATE ITEM NO 1

Subject: Powers of Entry to Property, Payment of Rates & Constitution Enquiry of Local Government Applicant: Mr Amos Laird File Ref: 4.50.10

Disclosure of Interest: NIL


MINUTES Author: Frank Peczka Chief Executive Officer Date: 13th June 2011

BACKGROUND Council has received a letter from resident Mr Amos Laird in regards to Unlawful Entry and Inspection of Private Properties in Narembeen and submitting clarification on Constitutional recognition of Local Government in Western Australia and the Commonwealth plus potentially reserving rights to pay rates. COMMENT

Upon receipt of correspondence from Mr Laird in the Office of Council, Council

acknowledged Mr Laird’s correspondence and further advised that the Council will

consider matters raised at their June Ordinary Meeting date.

Acknowledging the range and nature of matters raised by Mr Laird it was prudent

to obtain Legal advice and opinion from Council appointed Solicitor to provide the

required information by Councils June 2011 Ordinary Meeting day. The response has

been forwarded and received in the Office by email on Monday 13th June 2011.

The response has been circulated to Council Members by email.

Attachment/s: 1. Letter received from Councils Legal Advisors 2. Draft Letter prepared by Legal Advisor ready for mailing to Mr Amos Laird, on behalf of Council.

Note: Councillors were circulated with legal advice and opinion obtained and circulated by email correspondence late Monday afternoon 13th June 2011. Councillors were also emailed a copy of letter received from Mr Laird via a scanned copy late Monday afternoon 13th June 2011.

STATUTORY IMPLICATIONS Local Government Act 1995 (as amended)

Part 2 — Constitution of local government

What this Part is about

This Part deals with the constitutional framework of the system of elected local government in this State maintained as required by Part IIIB of the Constitution Act 1889.


MINUTES In particular it deals with —

(a) the division of the State into districts and wards for local government purposes;

(b) the creation of local governments;

(c) the creation and membership of elected councils;

(d) the qualifications of members of councils; and

(e) the terms of office of members of councils and how their offices may become vacant; and

(f) commissioners of local governments. 2.5. Local governments created as bodies corporate

(1) When an area of the State becomes a district, a local government is established for the district.

(2) The local government is a body corporate with perpetual succession and a common seal.

(3) The local government has the legal capacity of a natural person.

(4) The corporate name of the local government is the combination of the district’s designation and name.

Example: City of (name of district) 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.



Subdivision 2 — Certain provisions about land 3.24. Authorising persons under this Subdivision

The powers given to a local government by this Subdivision can only be exercised on behalf of the local government by a person expressly authorised by it to exercise those powers.

3.25. Notices requiring certain things to be done by owner or occupier of land

(1) A local government may give a person who is the owner or, unless Schedule 3.1 indicates otherwise, the occupier of land a notice in writing relating to the land requiring the person to do anything specified in the notice that —

(a) is prescribed in Schedule 3.1, Division 1; or (b) is for the purpose of remedying or mitigating the effects of any

offence against a provision prescribed in Schedule 3.1, Division 2.

(2) Schedule 3.1 may be amended by regulations.


MINUTES (3) If the notice is given to an occupier who is not the owner of the land, the

owner is to be informed in writing that the notice was given.

(4) A person who is given a notice under subsection (1) is not prevented from complying with it because of the terms on which the land is held.

(5) A person who is given a notice under subsection (1) may apply to the State Administrative Tribunal for a review of the decision to give the notice.

(6) A person who fails to comply with a notice under subsection (1) commits an offence.

3.26. Additional powers when notices given

(1) This section applies when a notice is given under section 3.25(1).

(2) If the person who is given the notice (notice recipient) fails to comply with it, the local government may do anything that it considers necessary to achieve, so far as is practicable, the purpose for which the notice was given.

(3) The local government may recover the cost of anything it does under subsection (2) as a debt due from the person who failed to comply with the notice.

(4) If a notice recipient — (a) incurs expense in complying with any requirement of the notice; or (b) fails to comply with such a requirement and, as a consequence, is

fined or has to pay to a local government the cost it incurs in doing anything under subsection (2),

the notice recipient may apply to a court for an order under subsection (6).

(5) In subsection (4) — court means a court that would have jurisdiction to hear an action to

recover a debt of the amount of the expense, fine or cost sought to be recovered by the notice recipient.

(6) On an application under subsection (4) the court may order — (a) if the notice recipient is the owner, the occupier; or (b) if the notice recipient is the occupier, the owner,

to pay to the notice recipient so much of that expense, fine or cost as the court considers fair and reasonable in the circumstances.

(7) In determining what is fair and reasonable the court is to have regard to — (a) the type of land involved; (b) the terms on which the occupier is occupying the land; and (c) any other matter the court considers to be relevant.

[Section 3.26 amended by No. 1 of 1998 s. 10.] 3.27. Particular things local governments can do on land that is not local government property

(1) A local government may, in performing its general function, do any of the things prescribed in Schedule 3.2 even though the land on which it is done is not local government property and the local government does not have consent to do it.


MINUTES (2A) In subsection (1) land includes Crown land the subject of a pastoral lease

within the meaning of the Land Administration Act 1997 section 3.

(2) Schedule 3.2 may be amended by regulations.

(3) If Schedule 3.2 expressly states that this subsection applies, subsection (1) does not authorise anything to be done on land that is being used as the site or curtilage of a building or has been developed in any other way, or is cultivated.

(4A) For the purposes of subsection (3), planting pasture on land for grazing does not amount to cultivating the land.

(4) Nothing in subsection (3) prevents regulations amending Schedule 3.2 from stating that subsection (3) applies, or excluding its application, in relation to a particular matter.

[Section 3.27 amended by No. 17 of 2009 s. 8]

Subdivision 3 — Powers of entry 3.28. When this Subdivision applies

The powers of entry conferred by this Subdivision may be used for performing any function that a local government has under this Act if entry is required for the performance of the function or in any other case in which entry is authorised by this Act other than by a local law.

3.29. Powers of entry are additional

The powers of entry upon land conferred by this Subdivision are in addition to and not in derogation of any power of entry conferred by any other law.

Local Government (Miscellaneous Provisions) Act 1960

Division 17 — Power of entry and inspection 420. Buildings may be entered and inspected

(1) The Minister or the building surveyor of the local government or a person authorised in writing by either of them, may at reasonable times enter and inspect buildings, (whether completed or not) and land mentioned in this Part, and as to which a duty is imposed by this Act upon them or either of them.

(2) A person, other than the Minister, entering a building or land under the provisions of this section, shall on demand by the builder, owner or person apparently in charge thereof, produce his authority to so enter to the person demanding it.

Health Act 1911 (as amended) Section 26. Powers of local government Every local government is hereby authorised and directed to carry out within

its district the provisions of this Act and the regulations, local laws, and orders made thereunder:

Provided that a local government may appoint and authorise any person to be its deputy, and in that capacity to exercise and discharge all or any of the powers and functions of the local government for such time and subject to such conditions and limitations (if any) as the local government shall see fit from time to time to prescribe, but so that such appointment shall not affect


MINUTES

the exercise or discharge by the local government itself of any power or function.


2010/2011 Budget – legal expenses: cost of obtaining legal advice necessary for the good governance of the District.

POLICY IMPLICATIONS


4.1.3 LEGAL ADVICE The Chief Executive Officer is authorised to obtain from Solicitors such legal advice and opinions as deemed necessary for him to enable the proper legal administration of Councils business.



1. That Council confirm acknowledgment of receipt of letter from Mr Amos Laird. 2. That Council confirms the action of the Chief Executive Officer obtaining legal

advice in accordance with Council Policy in regards to matters raised by Mr Amos Laird in his letter to the Council.

3. That Council confirms the acceptance of legal advice and opinion on subject matters raised by the Council for clarification with its Legal Advisor/s.

4. That Council instructs its Legal Advisor/s and Solicitors Civic Legal to prepare a letter of response on behalf of Council in accordance with their draft as presented.

COUNCIL RESOLUTION

MIN 4829/11 MOTION - Moved Cr R Cole 2nd Cr B Cole 1. That Council confirm acknowledgment of receipt of letter from Mr Amos

Laird. 2. That Council confirms the action of the Chief Executive Officer

obtaining legal advice in accordance with Council Policy in regards to matters raised by Mr Amos Laird in his letter to the Council.

3. That Council confirms the acceptance of legal advice and opinion on subject matters raised by the Council for clarification with its Legal Advisor/s.

4. That Council instructs its Legal Advisor/s and Solicitors Civic Legal to prepare a letter of response on behalf of Council in accordance with their draft as presented.


MINUTES

CARRIED

9/0

MIN 4830/11 MOTION - Moved Cr B Cole 2nd Cr K Mortimore

That Council endorse the actions of Mr Frank Buise MEHO/BS and instruct

him to continue with property inspections as identified during Council’s Bus Tour of

townsite undertaken in April 2011.

CARRIED

8/1

Cr Cusworth recorded his vote against the motion AGENDA ITEM 8.4.14 – LATE ITEM NO 2

Subject: Local Government Member Nomination – Development Assessment Panel Applicant: Department of Planning Director-Special Projects File Ref: 10.60.10 Disclosure of Interest: NIL Author: Frank Peczka Chief Executive Officer Date: 14th June 2011

BACKGROUND

Department of Planning have maintained established legislative changes to the introduction of Development Assessment Panels for the local government industry within the state of Western Australia. The timeline for nominations from Local Government Council Members closes on Tuesday 14th June 2011 at close of Business. The appointments/nominations process closes early and is finalised by 1st July 2011 being subject to Cabinet approval. The Department further advises that any outstanding nominations as of close of business Tuesday 14th June 2011 will be subject to a report to the Director General Department of Planning. Council completed its nominations of two (2) Council Members to the Panel (DAP) in addition to full time Ministerial appointments of two (2) and two (2) additional Council Members nominated as Proxy Delegates attending as required. COMMENT


MINUTES The Shire of Narembeen falls within the Wheatbelt Region Development Assessment

Panel and has nominated its Council Members to the Wheatbelt Narembeen sub-

Region Development Assessment Panel.

Attachment/s: 1. copy of nomination form completed and emailed to Council members on Tuesday 14th June 2011. 2. Development Assessment Panel Explanation Notes – Department of Planning. STATUTORY IMPLICATIONS Planning and Development (Development Assessment Panels) Regulations 2011

Part 1 — Preliminary Reg 1. Citation

These regulations are the Planning and Development (Development Assessment Panels) Regulations 2011.

Reg 2. Commencement

These regulations come into operation as follows — (a) regulations 1 and 2 — on the day on which these regulations are

published in the Gazette; (b) the rest of the regulations — on the day on which the Approval and

Related Reforms (No. 4) (Planning) Act 2010 Part 3 comes into operation.

Reg 13. Further services from responsible authority

(1) The presiding member of a DAP may, after receiving a report on a development application from a responsible authority under regulation 12, direct the responsible authority to give the DAP any or all of the following services —

(a) technical advice or assistance in connection with the application; or (b) further information in writing in connection with the application.

(2) The direction must be in writing and must specify — (a) the services required; and (b) the time within which the responsible authority must comply with the

direction.

(3) A responsible authority must comply with a direction given to it under this regulation.

Reg 14. Costs and expenses incurred by responsible authority

The costs and expenses incurred by a responsible authority in giving a report under regulation 12, or advice, assistance or information in compliance with a direction under regulation 13, are, to the extent that they are not payable by an applicant under the Planning and Development Regulations 2009 regulation 49, to be borne by the responsible authority.


MINUTES Reg 23. LDAP members

(1) The members of a LDAP are — (a) 2 persons appointed to the LDAP as local government members;

and (b) 3 persons appointed to the LDAP as specialist members.

(2) The members must be appointed in writing by the Minister.

(3) Regulation 24 applies to the appointment of local government members.

(4) Regulation 37 applies to the appointment of specialist members. Reg 24. Local government members of LDAP

(1) Whenever it is necessary to make an appointment under regulation 23(1)(a), the Minister must —

(a) in writing, request the local government of the district for which the DAP is established to nominate a member of the council of the local government for appointment; and

(b) unless subregulation (2) applies, appoint the person so nominated.

(2) If, within 40 days after the date on which the Minister makes a request to a local government under subregulation (1) or such longer period as the Minister may allow, the local government fails to nominate a person for appointment in accordance with the request, the Minister may appoint under regulation 23(1)(a) a person who —

(a) is an eligible voter of the district for which the LDAP is established; and

(b) the Minister considers has relevant knowledge or experience that will enable that person to represent the interests of the local community of that district.

(3) For the purposes of subregulation (2)(a) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

Reg 25. JDAP members

(1) The members of a JDAP, at any meeting of the JDAP to determine or otherwise deal with a development application or an application to amend or cancel a determination of the JDAP, are —

(a) the 2 local government members included on the local government register as representatives of the relevant local government in relation to the development application; and

(b) 3 persons appointed to the JDAP as specialist members.

(2) In subregulation (1)(a) — relevant local government, in relation to a development application,

means the local government of the district in which the land to which the development application relates is situated.

(3) The specialist members must be appointed in writing by the Minister.

(4) Regulation 37 applies to the appointment of specialist members.


MINUTES Reg 26. JDAP local government member register

(1) The Minister must cause to be established and maintained a register of local government members of JDAPs.

(2) Subject to subregulation (4), the register must include the names of 2 members of the council of each local government of a district for which a JDAP is established.

(3) Whenever it is necessary to include a member of a council of a local government on a local government register under subregulation (2), the Minister must —

(a) in writing, request the local government to nominate a member of the council of the local government for inclusion on the register; and

(b) unless subregulation (4) applies, include on the register the name of the person nominated.

(4) If, within 40 days after the date on which the Minister makes a request under subregulation (3) or such longer period as the Minister may allow, the local government fails to nominate a person for inclusion on the local government register in accordance with the request, the Minister may include on the register as a representative of the local government a person who —

(a) is an eligible voter of the district of the local government; and (b) the Minister considers has relevant knowledge or experience that

will enable that person to represent the interests of the local community of that district.

(5) For the purposes of subregulation (4)(a) a person is an eligible voter of a district if that person is eligible under the Local Government Act 1995 section 4.29 or 4.30 to be enrolled to vote at elections for the district.

Planning and Development Regulations 2009 48A. Fees for DAP applications

(1) A local government may impose a fee for services in respect of a DAP application made to it notwithstanding that it will not itself determine the application.

(2) The fee must be decided by the local government but must not exceed the maximum fee specified in Schedule 2 in relation to a development application in respect of the same kind of development.

(3) Any fee imposed under subregulation (1) must be paid to the local government by the applicant when making the DAP application.

[Regulation 48A inserted in Gazette 24 Mar 2011 p. 1038.] Local Government Act 1995 (as amended)

Part 2 — Constitution of local government

What this Part is about

This Part deals with the constitutional framework of the system of elected local government in this State maintained as required by Part IIIB of the Constitution Act 1889.


MINUTES In particular it deals with —

(a) the division of the State into districts and wards for local government purposes;

(b) the creation of local governments;

(c) the creation and membership of elected councils;

(d) the qualifications of members of councils; and

(e) the terms of office of members of councils and how their offices may become vacant; and

(f) commissioners of local governments. 2.5. Local governments created as bodies corporate

(1) When an area of the State becomes a district, a local government is established for the district.

(2) The local government is a body corporate with perpetual succession and a common seal.

(3) The local government has the legal capacity of a natural person.

(4) The corporate name of the local government is the combination of the district’s designation and name.

Example: City of (name of district) 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.


resources; and (b) determine the local government’s policies. FINANCIAL IMPLICATIONS

2010/2011 Budget – legal expenses: hosting of Development Assessment Panels (DAP)Fees and Charges relating to DAP process/application

POLICY IMPLICATIONS


P L A N N I N G A N D D E V E L O P M E N T 8.1.1 SHIRE PLANNER


MINUTES The Shire Planner is delegated the authority to submit all submissions relating to the Shire of Narembeen. FUTURE PLAN IMPLICATIONS: Nil (not known at this date)


1. That Council authorises the nomination of the following Council Members to

the Wheatbelt-Narembeen Sub-Region Development Assessment Panel:

DAP Local Government Members: Cr Regina DeLuis Cr Kellie Mortimore DAP Local Government Proxy Members: Cr Barry Cole Cr Rhonda Cole

COUNCIL RESOLUTION

MIN 4831/11 MOTION - Moved Cr R Cole 2nd Cr R Hayter That Council authorises the nomination of the following Council Members to the Wheatbelt-Narembeen Sub-Region Development Assessment Panel:

• DAP Local Government Members: Cr Regina DeLuis Cr Kellie Mortimore

• DAP Local Government Proxy Members: Cr Barry Cole Cr Rhonda Cole

CARRIED 9/0

AGENDA ITEM: 8.4.15 – LATE ITEM NO 3

Subject: CEO Annual Performance Review Applicant: President Shire of Narembeen File Ref: CEO Personal File Disclosure of Interest: Chief Executive Officer - being the employed person Author: Frank Peczka Chief Executive Officer Date: 14th June 2011

BACKGROUND


MINUTES Council and the Council appointed Committee have completed the Annual

Performance Review of the Chief Executive Officer.

COMMENT President Cr Padfield has provided written acknowledgement to the Chief Executive Officer of the outcome determine by the appointed Committee in completing the annual Performance Review of the employed Chief Executive Officer. Attachment/s: a copy of the letter presented to the CEO presented by the President.

STATUTORY IMPLICATIONS LOCAL GOVERNMENT ACT 1995 (as amended) Section 5.36. Local government employees

(1) A local government is to employ — (a) a person to be the CEO of the local government; and (b) such other persons as the council believes are necessary to enable

the functions of the local government and the functions of the council to be performed.

Section 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. Section 5.38. Annual review of certain employees’ performances

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 reviewed at least once in relation to every year of the employment.

Section 5.39. Contracts for CEO and senior employees

(1) Subject to subsection (1a), the employment of a person who is a CEO or a senior employee is to be governed by a written contract in accordance with this section.

(1a) Despite subsection (1) — (a) an employee may act in the position of a CEO or a senior employee

for a term not exceeding one year without a written contract for the position in which he or she is acting; and

(b) a person may be employed by a local government as a senior employee for a term not exceeding 3 months, during any 2 year period, without a written contract.

(2) A contract under this section — (a) in the case of an acting or temporary position, cannot be for a term

exceeding one year;


MINUTES (b) in every other case, cannot be for a term exceeding 5 years.

(3) A contract under this section is of no effect unless — (a) the expiry date is specified in the contract; (b) there are specified in the contract performance criteria for the

purpose of reviewing the person’s performance; and (c) any other matter that has been prescribed as a matter to be included

in the contract has been included.

(4) A contract under this section is to be renewable and subject to subsection (5), may be varied.

(5) A provision in, or condition of, an agreement or arrangement has no effect if it purports to affect the application of any provision of this section.

(6) Nothing in subsection (2) or (3)(a) prevents a contract for a period that is within the limits set out in subsection 2(a) or (b) from being terminated within that period on the happening of an event specified in the contract.

Section 5.40. Principles affecting employment by local governments

The following principles apply to a local government in respect of its employees —

(a) employees are to be selected and promoted in accordance with the principles of merit and equity;

(b) no power with regard to matters affecting employees is to be exercised on the basis of nepotism or patronage;

(c) employees are to be treated fairly and consistently; (d) there is to be no unlawful discrimination against employees or

persons seeking employment by a local government on a ground referred to in the Equal Opportunity Act 1984 or on any other ground;

(e) employees are to be provided with safe and healthy working conditions in accordance with the Occupational Safety and Health Act 1984; and

(f) such other principles, not inconsistent with this Division, as may be prescribed.

Section 5.41. Functions of CEO

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; (b) ensure that advice and information is available to the council so that

informed decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs

and the performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president

agrees;


MINUTES (g) be responsible for the employment, management supervision,

direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.

FINANCIAL IMPLICATIONS 2010/2011 and Forward Budgets – Salary and Wages expense allocations

POLICY IMPLICATIONS


4.3.3 SENIOR EMPLOYEES The following positions are classified as Senior Employees for the purposes of Section 5.37 (1) of the Local Government Act 1995. a) Chief Executive Officer b) Deputy Chief Executive Officer c) Manager Environmental Health/Building Services d) Works Manager

FUTURE PLAN (COMMUNITY STRATEGIC PLAN) IMPLICATIONS: Nil


1. That in accordance with section 5.38 of the Local Government Act 1995, Council confirms completion of the Annual Performance Review of the Chief Executive Officer. 2. That in accordance with section 5.39 of the Local Government Act 1995, Council authorises the Salary adjustment of the Chief Executive Officer as determined by the appointed Committee of the Council and endorsed by the Council; and 3. That the Chief Executive Officer Contract of Employment – CEO Salary Conditions be amended to reflect the endorsed decision of the Council all other employment conditions remain as is.

COUNCIL RESOLUTION

MIN 4832/11 MOTION - Moved Cr R Cole 2nd Cr HWJ Cowan


MINUTES 1. That in accordance with section 5.38 of the Local Government Act 1995, Council confirms completion of the Annual Performance Review of the Chief Executive Officer. 2. That in accordance with section 5.39 of the Local Government Act 1995, Council authorises the Salary adjustment of the Chief Executive Officer as determined by the appointed Committee of the Council and endorsed by the Council; and 3. That the Chief Executive Officer Contract of Employment – CEO Salary Conditions be amended to reflect the endorsed decision of the Council all other employment conditions remain as is. CARRIED 9/0 8.5 DEPUTY CHIEF EXECUTIVE OFFICER’S REPORT AGENDA ITEM 8.5.1

Subject: Outstanding Rates – 33 Thomas Street Applicant: Civic Legal File Ref: A1052 Disclosure of Interest: NIL Author: Sylvia Yandle Deputy Chief Executive Officer Date: 10th June 2011

BACKGROUND Rates on Assessment 1052, 33 Thomas Street Narembeen in the name of AG Levy and SR Preedy have been outstanding for over 3 years. Correspondence since December 2006 sent to last known address has been returned unclaimed “Not known at this address”. Debt Collectors Austral Mercantile were instructed to recover outstanding monies on this property, however following various searches the whereabouts of the ratepayers has not been found. Details provided to Solicitors Civic Legal for action to be taken for recovery of rates. COMMENT Summary of advice letter received from Civic Legal outlining to Council process to

be undertaken to recover rates or exercising the power of sale.

STATUTORY IMPLICATIONS Local Government Act 1995 (as amended)


MINUTES Section 6.2. Local government to prepare annual budget

(1) During the period from 1 June in a financial year to 31 August in the next financial year, or such extended time as the Minister allows, each local government is to prepare and adopt*, in the form and manner prescribed, a budget for its municipal fund for financial year ending on the 30 June next following that 31 August.


(4) The annual budget is to incorporate — (a) particulars of the estimated expenditure proposed to be incurred by

the local government; (b) detailed information relating to the rates and service charges which

will apply to land within the district including — (i) the amount it is estimated will be yielded by the general rate;

and (ii) the rate of interest (if any) to be charged by the local government on

unpaid rates and service charges; (c) the fees and charges proposed to be imposed by the local

government; (d) the particulars of borrowings and other financial accommodation

proposed to be entered into by the local government; (e) details of the amounts to be set aside in, or used from, reserve

accounts and of the purpose for which they are to be set aside or used;

(f) particulars of proposed land transactions and trading undertakings (as those terms are defined in and for the purpose of section 3.59) of the local government; and

(g) such other matters as are prescribed. Local Government (Financial Management) Regulations 1996 Reg 63. Sale of property — effect on payment by instalment

If, after the date for making an election to pay by instalments in a financial year, land is sold or otherwise disposed of, the rates and service charges due on the land for that financial year are payable to the local government by a single payment.

Reg 64. Due dates of instalments

(1) The due date for payment of the first instalment is to be the date a rate or service charge is due and payable if the payment is to be by a single payment.

(2) When adopting its annual budget the local government is to determine, in accordance with the Act, the due date for payment of instalments after the first instalment.

(3) In respect of the 4 instalment option referred to in section 6.45(1)(a), if the local government does not determine the due date for payment of instalments after the first instalment in accordance with subregulation (2) the due date of each of those instalments is at intervals of 3 months from the due date of the first instalment.


MINUTES Reg 65. Payments of instalments due on public holidays When the due date for payment of an instalment falls on a weekend or

public holiday, payment of that instalment is to be received by the local government before the close of business on the first working day after the due date.

Reg 66. Revocation of instalment option (1) Subject to subregulation (2), where an election has been made to pay a rate

or service charge by instalments, payment may continue to be made by instalments notwithstanding that an instalment (other than the first instalment) remains unpaid after it is due and payable.

(2) If an instalment remains unpaid after the day on which the next instalment becomes due and payable, the local government may revoke the ratepayer’s right to pay by instalments.

(3) Where the right to pay by instalments is revoked under subregulation (2) — (a) the unpaid rate becomes due and payable on the day after the day

of the revocation, or such later day as the local government decides; and

(b) the local government must, in writing, immediately notify the ratepayer of the revocation and give details of —

(i) the amount of the unpaid rate; (ii) the due date for payment of the unpaid rate; (iii) any interest accruing on the unpaid rate, or which will accrue

if payment is not made by that date; and (iv) any right to impose interest on the cost of proceedings to

recover any unpaid rate.

[(4) deleted]

(5) In this regulation — unpaid rate means the amount of the rate or service charge which is

unpaid on the date of the revocation under subregulation (2) including — (a) any additional charge imposed under section 6.45(3) to the extent

that it relates to instalments which were due before the date of the revocation; and

(b) any interest imposed under section 6.51 on instalments which were overdue at the date of the revocation,

but not including any additional charge imposed under section 6.45(3) to the extent that it relates to instalments which, but for the revocation, would have become due after the date of the revocation.

Reg 67. Additional charge for payment by instalments

For the purpose of determining the additional charge to be imposed where payment of a rate or service charge is made by instalments, the local government is to —

(a) have regard to the additional costs of administration; and (b) consider the additional charge as a full or partial reimbursement of

those costs and not a charge for the purpose of making a profit.


MINUTES Reg 68. Maximum interest component in instalments — s. 6.45(4) (e)

The maximum rate of interest to be imposed under section 6.45(3) is prescribed as 5.5%.

[Regulation 68 amended in Gazette 18 Jun 1999 p. 2639.] Reg 69. Calculating interest for instalments

Interest under section 6.45(3) is to be calculated on a simple interest basis by applying the rate of interest imposed by the local government to the amount of each instalment for the period between the due date of the first instalment and the due date of each subsequent instalment.

FINANCIAL IMPLICATIONS 2010/2011 Budget Document – operating revenue from rates

STAFF RECOMMENDATION That:-

(a) The Shire and the Shire’s agents have made several attempts to locate the owners of the property situated at 33 Thomas Street, Narembeen (‘the property”). These efforts included:

(i) Electronic searches using the FCS Online skip tracing system; (ii) Skip trace searches (i.e. searches of telephone book records, the

electoral roll and land title records); (iii) Contacting the registered mortgagee of the Property; (iv) Contacting the Department of Housing; (v) Visiting premises in which the owners were known to have recently

resided and interviewing the current residents of those premises and the neighbours of those premises; and

(vi) Contacting persons who had the same first and second names as the owners of the Property.

(b) All of the attempts described in paragraph (a) above have failed to locate either owner of the Property.

(c) The report obtained from Australian Legal Support Group Pty Ltd dated 16 December 2010 and the reports obtained from Investigative Solutions WA Pty Ltd dated 5 February 2009 and 7 August 2009 respectively (“the reports”), are annexed to these minutes

(d) The Shire considers that the attempts referred to in paragraph (a) above and the attempts summarised in the Reports constitute “reasonable efforts to locate the owner” for the purposes of section 6.68(2) (B) of the Local Government Act.

(e) Council therefore resolves to exercise its power of sale under section 6.64(1) (b) and Schedule 6.3 of the Local Government Act in relation to the Property in order to recover the outstanding rates owing in respect to the Property.

COUNCIL RESOLUTION

MIN 4833/11 MOTION - Moved Cr R Cole 2nd Cr S Parsons That:-


MINUTES

(f) The Shire and the Shire’s agents have made several attempts to locate the owners of the property situated at 33 Thomas Street, Narembeen (‘the property”). These efforts included:

(vii) Electronic searches using the FCS Online skip tracing system; (viii) Skip trace searches (i.e. searches of telephone book records, the

electoral roll and land title records); (ix) Contacting the registered mortgagee of the Property; (x) Contacting the Department of Housing; (xi) Visiting premises in which the owners were known to have

recently resided and interviewing the current residents of those premises and the neighbours of those premises; and

(xii) Contacting persons who had the same first and second names as the owners of the Property.

(g) All of the attempts described in paragraph (a) above have failed to locate either owner of the Property.

(h) The report obtained from Australian Legal Support Group Pty Ltd dated 16 December 2010 and the reports obtained from Investigative Solutions WA Pty Ltd dated 5 February 2009 and 7 August 2009 respectively (“the reports”), are annexed to these minutes

(i) The Shire considers that the attempts referred to in paragraph (a) above and the attempts summarised in the Reports constitute “reasonable efforts to locate the owner” for the purposes of section 6.68(2) (B) of the Local Government Act.

(j) Council therefore resolves to exercise its power of sale under section 6.64(1) (b) and Schedule 6.3 of the Local Government Act in relation to the Property in order to recover the outstanding rates owing in respect to the Property.

CARRIED 9/0 9.0 COUNCILLORS’ REPORTS

9.1 Cr R Cole – attended Council meeting with Federal Member for

O’Connor Tony Crook - attended Community resource Centre Meeting with Federal Member for O’Connor Tony Crook

- attended Narembeen LEMC Meeting - attended WRRA Executive Committee Meeting - attended GECZ Teleconference Meeting

9.2 Cr Hayter - Nil

9.3 Cr DeLuis - attended Council meeting with Federal Member for

O’Connor Tony Crook - attended Community Resource Centre meeting with Federal Member for O’Connor Tony Crook

9.4 Cr Mortimore - Nil 9.5 Cr Parsons- Nil

9.6 Cr Cusworth - attended Council meeting with Federal Member for

O’Connor Tony Crook - attended Community Resource Centre meeting with


MINUTES Federal Member for O’Connor Tony Crook - Attended 2 x Central Ag-Care Executive Committee

Meetings in Corrigin 9.7 Cr Cowan - attended Council meeting with Federal Member for

O’Connor Tony Crook - attended Community Resource Centre meeting with Federal Member for O’Connor Tony Crook - noted that Local TV Rebroadcast systems are not

funded by the Federal Government for digital service upgrades.

9.8 Cr B Cole - attended Community Resource Centre meeting with

Federal Member for O’Connor Tony Crook

9.9 Cr Padfield - attended a meeting with the Narembeen Historical Society

10. GENERAL BUSINESS/REPORT

10.1 Cr B Cole – Nil 10.2 Cr Cowan - Nil 10.3 Cr Cusworth 10.3.1 Apex Park Playground Equipment Questioned why a piece of Playground Equipment was removed when it appeared to be in good working order. The piece of equipment was assessed as being in default of the required standard and a replacement piece was ordered.

10.3.2 Council Standing Orders Enquired as to whether Council has a Standing Order Local Law and the adoption date of same Council does not have an up to date Local Law on Standing Orders and is considerate of previous adoption of a By Law. 10.4 Cr Parsons 10.4.1 Road Inspection District Tour Enquired as to whether Council still intends to undertake a road inspection tour of the district. This matter be reviewed again in the near future 10.5 Cr Mortimore 10.5.1 Drafting of Dental Services Agreement Presented Council with a draft copy and outlined its contents for further consideration

COUNCIL RESOLUTION

MIN 4834/11 MOTION - Moved Cr R Cole 2nd Cr HWJ Cowan


MINUTES

That Council offer the draft Dental Services Agreement Document to incoming Dentist John and Deb Cobley for consideration and discussion purposes. CARRIED 9/0 10.6 Cr DeLuis 10.6.1 Community Celebration Function Caroline Robinson Suggestion for a Community Function to recognize the National Award Winning Achievement of Caroline Robinson be held. General outline of format:

- Community BBQ Function format - either a Friday or Saturday evening - drinks and meals paid by the individual - Entrée’s paid for by the Council

COUNCIL RESOLUTION

MIN 4835/11 MOTION - Moved Cr K Mortimore 2nd Cr R DeLuis

That Council authorises Cr DeLuis to be Councils Liaison Officer on

behalf of Council to host a Community BBQ Event and Council be a

major sponsor of the community celebration function for Caroline

Robinson.

CARRIED 9/0 10.7 Cr Hayter - Nil 10.8 Cr R Cole 10.8.1 Council Policy on Funeral of Local Resident Requested, clarification on Councils Policy for Flying of Flag on the day of a Funeral for a local identity/resident and submission of appropriate notice in the West Australian Newspaper. Council Policy outlined.

10.9 Cr Padfield – Nil

11. INWARD CORRESPONDENCE COUNCIL RESOLUTION

MIN 4836/11 MOTION - Moved Cr K Mortimore 2nd Cr R DeLuis

That the Inwards Correspondence be received.

CARRIED 9/0

11.2 LATE CORRESPONDENCE Nil


MINUTES 12. New Business of an Urgent Nature Nil 13. WALGA Items for Great Eastern Zone Nil. 14. Application for Leave of Absence Nil 15. Next Meetings - JULY 2011 COUNCIL RESOLUTION That a Pre-Budget Meeting of the Council be held on Monday 11th July 2011 commencing at 5.00pm. That the next Audit & Finance meeting be held on 20th July 2011 commencing at 12.30pm. That the next Ordinary meeting be held on the 20th July 2011 commencing at 1.00pm. 16. Meeting Closure 6.25pm - There being no further business the Chairman/Presiding Person Cr S Padfield thanked all Councillors for their attendance declared the meeting closed.


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