May Agenda 2006

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					  SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

                 AGENDA

  Council Chambers, Tom Price

                16 May 2006


                   Note to Councillors

             Following closure of the meeting,
     Mr Gary Martin will be making a presentation on
      Differential Rating and the Plan for the Future.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                       2




                                 SHIRE OF ASHBURTON

                            ORDINARY COUNCIL MEETING


Dear Councillor,

Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be
held on Tuesday 16 May 2006 at the Council Chambers, Tom Price commencing at 9.00am.

The business to be transacted is shown in the Agenda.



Keith Pearson
CHIEF EXECUTIVE OFFICER




DISCLAIMER

The recommendations contained in the Agenda are subject to confirmation by Council. The
Shire of Ashburton warns that anyone who has any application lodged with Council must obtain
and should only rely on written confirmation of the outcomes of the application following the
Council meeting, and any conditions attaching to the decision made by the Council in respect of
the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton
for any act, omission or statement or intimation occurring during a Council meeting.
                                                Agenda – Ordinary Meeting of Council
                                                           16 May 2006                                                                                         3



TABLE OF CONTENTS

1.05.0         DECLARATION OF OPENING .........................................................................................................5
2.05.0         ANNOUNCEMENT OF VISITORS ....................................................................................................5
3.05.0         ATTENDANCE ..................................................................................................................................5
   3.05.1      ATTENDANCE ...................................................................................................................................5
   3.05.2      APOLOGIES .......................................................................................................................................5
   3.05.3      APPROVED LEAVE OF ABSENCE ...................................................................................................5
4.05.0         PUBLIC QUESTION TIME ................................................................................................................5
   4.05.1      RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .......................................6
   4.05.2      PUBLIC QUESTION TIME .................................................................................................................6
5.05.0         APPLICATIONS FOR LEAVE OF ABSENCE ..................................................................................6
6.05.0         PETITIONS / DEPUTATIONS / PRESENTATIONS .........................................................................6
   6.05.1      PETITIONS .........................................................................................................................................6
   6.05.2      DEPUTATIONS ..................................................................................................................................6
   6.05.3      PRESENTATIONS .............................................................................................................................6
7.05.0         CONFIRMATION OF MINUTES OF PREVIOUS MEETING .............................................................6
   7.05.1      ORDINARY MEETING OF COUNCIL HELD ON 11 APRIL 2006 ....................................................6
8.05.0         ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .............................6
9.05.0         DECLARATION BY MEMBERS .......................................................................................................7
10.05.0        ENGINEERING SERVICES REPORTS ............................................................................................8
   10.05.009   MEMORANDUM OF UNDERSTANDING – ASHBURTON ABORIGINAL CORPORATION ............8
   10.05.010   ONSLOW AIRSTRIP ........................................................................................................................11
   10.05.011   ENGINEERING SERVICES RESOLUTION STATUS REPORT .....................................................15
11.05.0        COMMUNITY SERVICES REPORTS .............................................................................................22
   11.05.006   COMMUNITY SERVICES RESOLUTION STATUS REPORT ........................................................22
12.05.0        CORPORATE SERVICES REPORTS ............................................................................................24
   12.05.025   COUNCILLORS‟ SITTING FEES, LOCAL GOVERNMENT ALLOWANCE FOR THE PRESIDENT,
               DEPUTY PRESIDENT AND OTHER ALLOWANCES ....................................................................24
   12.05.026   PROPOSED ONSLOW TOWN ENHANCEMENT SCHEME ...........................................................28
   12.05.027   ANNUAL GENERAL MEETING OF ELECTORS & ELECTORS INFORMATION MEETING .........30
   12.05.028   COMPLIANCE AUDIT RETURN ......................................................................................................33
   12.02.029   REVIEW OF COUNCIL POLICY FIN09 AUTHORISED SIGNATORIES FOR CHEQUE
               PAYMENTS .....................................................................................................................................38
   12.05.030   APPOINTMENT OF COUNCILLORS AND STAFF TO COMMITTEES ..........................................40
   12.05.031   PARABURDOO SWIMMING POOL RENOVATION ........................................................................49
   12.05.032   ACCOUNTS FOR PAYMENT – MARCH 2006 ................................................................................52
   12.05.033   MONTHLY FINANCIAL REPORT – MARCH 2006 ..........................................................................54
   12.05.034   FINANCIAL MANAGEMENT AUDIT ................................................................................................57
   12.05.035   CORPORATE SERVICES STATUS REPORT ...............................................................................62
13.05.0        DEVELOPMENT SERVICES REPORTS ........................................................................................68
                                             Agenda – Ordinary Meeting of Council
                                                        16 May 2006                                                                                    4


   13.05.024   LOCAL PLANNING POLICY – MINERAL EXPLORATION .............................................................68
   13.05.025   LOCAL PLANNING POLICY – TRANSPORTABLE DWELLINGS, NEW AND SECOND-HAND. ..70
   13.05.026   PROPOSED HOME OCCUPATION, 388 BRUCE AVE PARABURDOO, CAR DETAILING. .........72
   13.05.028   PROPOSED MOTEL, VACANT LAND (LOT 309) CORNER OF SECOND AVENUE AND
               SIMPSON STREET ONSLOW ........................................................................................................75
   13.05.029   DEVELOPMENT SERVICES RESOLUTION STATUS REPORT ...................................................80
14.05.0        WESTERN OPERATIONS REPORTS ............................................................................................87
   14.05.006   RELOCATION OF RACE COURSE AND DEVELOPMENT OF MULTIPURPOSE SPORTING
               FACILITY TO THE ONSLOW TOWN COMMON (RESERVE 19291) ............................................87
   14.05.007   YOUTH AND COMMUNITY DEVELOPMENT SERVICES IN ONSLOW ........................................90
   14.05.008   CANE RIVER TELECENTRE AND EMPLOYMENT DIRECTIONS ................................................93
   14.05.009   ONSLOW CEMETERY UPGRADE ..................................................................................................96
   14.05.010   ONSLOW TOWNSCAPE MANAGEMENT ADVISORY COMMITTEE MINUTES ...........................99
   14.05.010   WESTERN OPERATIONS RESOLUTION STATUS REPORT .....................................................102
15.05.0        NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING .....111
16.05.0        CONFIDENTIAL REPORTS ..........................................................................................................111
   16.05.010   CONFIDENTIAL REPORT – HAMERSLEY IRON P/L NORMALISATION AGREEMENT – TOWNS
               OF TOM PRICE AND PARABURDOO ..........................................................................................113
17.05.0        NEXT MEETING ............................................................................................................................113
18.05.0        CLOSURE OF MEETING ..............................................................................................................113
                           Agenda – Ordinary Meeting of Council
                                      16 May 2006                                   5




1.05.0   DECLARATION OF OPENING



2.05.0   ANNOUNCEMENT OF VISITORS



3.05.0   ATTENDANCE


3.05.1   ATTENDANCE

         Cr A Laddie                Deputy Shire President, Tom Price Ward
         Cr T Bloem                 Tom Price Ward
         Cr H Martin                Tom Price Ward
         Cr L Rumble                Paraburdoo Ward
         Cr L Thomas                Tableland Ward
         Cr A Eyre                  Onslow Ward
         Cr P Foote                 Paraburdoo Ward

         Mr K Pearson               Chief Executive Officer
         Ms L Sperring              Executive Manager Corporate Services
         Ms A O‟Halloran            Executive Manager Western Operations
         Mr L White                 Executive Manager Community Services
         Mr J Breen                 Executive Manager Engineering Services
         Mr B Smith                 Acting Executive Manager Development Services

3.05.2   APOLOGIES
         Cr E Walsham               Pannawonica Ward


3.05.3   APPROVED LEAVE OF ABSENCE
         Cr L Corker        Shire President, Ashburton Ward

4.05.0   PUBLIC QUESTION TIME
                         Agenda – Ordinary Meeting of Council
                                    16 May 2006                                  6




4.05.1   RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE



4.05.2   PUBLIC QUESTION TIME


5.05.0   APPLICATIONS FOR LEAVE OF ABSENCE



6.05.0   PETITIONS / DEPUTATIONS / PRESENTATIONS


6.05.1   PETITIONS


6.05.2   DEPUTATIONS


6.05.3   PRESENTATIONS



7.05.0   CONFIRMATION OF MINUTES OF PREVIOUS MEETING
7.05.1   ORDINARY MEETING OF COUNCIL HELD ON 11 APRIL 2006

         Recommendation

         That the Minutes of the Ordinary Meeting of Council held on 11 April 2006,
         as previously circulated on 13 April 2006, be confirmed as a true and
         accurate record.



8.05.0   ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT
         DISCUSSION
                          Agenda – Ordinary Meeting of Council
                                     16 May 2006                                    7




9.05.0   DECLARATION BY MEMBERS

         That Councillors have given due consideration to all matters contained in the
         Agenda presently before the meeting.
                              Agenda – Ordinary Meeting of Council
                                         16 May 2006                                    8




10.05.0     ENGINEERING SERVICES REPORTS


10.05.009   MEMORANDUM         OF    UNDERSTANDING          –   ASHBURTON    ABORIGINAL
            CORPORATION

FILE REFERENCE:                 LE.CO

AUTHOR’S NAME AND               Jeff Breen
POSITION:                       Executive Manager Engineering Services

NAME OF APPLICANT/              Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:            5 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                Not Applicable
REFERENCE:


Summary
The establishment of an Memorandum of Understanding to promote closer cooperation will
have benefits for Council, Ashburton Aboriginal Corporation and the community.


Background
A cursory assessment of Council‟s works program and budget expenditures indicates that
Council does not have the resources to deliver the annual capital works program promised to
stakeholders through the annual budget process.

It also apparent that at times, the construction and maintenance program suffers major
disruption through cyclone damage, wet weather with subsequent prolific grass growth and
other unplanned events.

Traditional methods of engaging labour are costly and not always successful. Issues with
housing, relocation, etc contribute to this.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                           9


Comment
The Memorandum of Understanding establishes a partnership between Council and Ashburton
Aboriginal Corporation (AAC) in three main areas:

       Project Based
       Discrete Council projects to be priced by AAC as a preferred contractor and if the price is
       acceptable a minor works contract to be agreed for the completion of the work. Works
       may include signage installation, cyclone clean up, horticultural based work, waste
       management, etc. This work would be on a purely contractual basis with AAC supplying
       supervision, plant and equipment and labour.

       Host Employer
       Council will act as host employer for a period of three months. During this time the
       participants remain employed by AAC and their wage is subsidized. At any time
       participants may be returned to AAC. At the completion of the three months Council has
       the option to employ the participants or not depending upon operation requirements and
       budgetary constraints.

       Recycling
       AAC plans to develop a recycling facility. Recycling is problematic in isolated areas with
       transport costs being prohibitive. However, it is generally accepted by the community that
       recycling is a good thing to do even though outputs may exceed inputs. With Council
       support the AAC may be successful at establishing a facility that will be available to the
       wider community

The principal aim of this relationship is to provide a positive outcome for Council and assist with
the delivery of works programs. Other favourable outcomes for the AAC and wider community
will be a bonus and will undoubtedly earn kudos for Council.

A copy of the draft Memorandum of Understanding is attached.
                                                                            [APPENDIX 10.05.009]

Consultation
Consultation with the Chief Executive Officer, indigenous employees, supervisory staff and
Ashburton Aboriginal Corporation staff has been undertaken.

Statutory Environment
There are no known statutory requirements relevant to this matter. The Memorandum of
Understanding is not a legally binding document.

Policy Implications
May affect recruitment policy. Council‟s current recruitment policy provides little flexibility. It is
not serving the interests of Council and exists only as a control mechanism. It is better suited to
large, city based organisations and not to a Council faced with issues of isolation, retention,
housing, etc. The Shire‟s recruitment policy is presently the subject of review.

Financial Implications
Any works undertaken to be within approved budget limits.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                       10


Strategic Implications
Service delivery to Council‟s stakeholders will improve.

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council approves and actively supports the establishment of a Memorandum of
Understanding between Ashburton Shire Council and the Ashburton Aboriginal
Corporation.



Author:      Jeff Breen                         Signature:

Manager:     Keith Pearson                      Signature:
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                    11




10.05.010    ONSLOW AIRPORT

FILE REFERENCE:                  TR.AT.1 and LE.CO

AUTHOR’S NAME AND                Jeff Breen
POSITION:                        Executive Manager Engineering Services

NAME OF APPLICANT/               Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:             4 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                 16.01.003 Ordinary Meeting of Council 17 January 2006
REFERENCE:                       15.02.001 Ordinary Meeting of Council 16 March 2006
                                 10.03.007 Ordinary Meeting of Council 11 April 2006


Summary
The cyclone damage to Onslow Airport has been assessed and estimated at $472,223.23.

A review of previous works and proposed works has been undertaken. An alternative technical
solution and in-house delivery of the project is proposed.


Background
The rehabilitation of the Onslow Airstrip has been a problematic issue for the Onslow
community and Council for some time.

A recent tender was called and has been held in abeyance until a reassessment of the
proposed work was carried out following the commencement of the new Executive Manager
Engineering Services.

Recent cyclone damage has also contributed to both the delay in assessing the tender and a
further deterioration of the airstrip.

An inspection of the Onslow Airstrip was carried out on 26 April 2006 by Jeff Breen and Fiona
Keneally accompanied by Peter Kalalo.

The purpose of the inspection was twofold. Firstly, it was to assess damage caused by Cyclone
Glenda in order to prepare a claim for insurance and to seek natural disaster funding and
secondly to formulate a proposal to overcome the operational problems caused by the
inadequate surface of the strip.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                        12


Comment
Cyclone Repair
The estimated cost to return the strip to its pre-cyclone condition is based on importing gravel to
replace the material stripped away from the main strip, the cross strip, aprons, taxiing and
parking areas, clearing drainage channels, repairing the radio antenna and fencing.

This cost is estimated at $472,223.23
                                                                        [APPENDIX 10.05.010A]

Review of Information
A review of the various reports, tender documentation, material test results and remediation
methods has been undertaken.

My observations from this review include;

   The limestone gravel quarried on site for the pavement material lacks both in strength and
    grading. This makes compaction difficult and the material breaks down under load. The
    result is a loose surface that readily delaminates and fails to shed water during rain events
    resulting in an untrafficable surface.
   An inspection of the gravel borrow pits reveals that some of the gravel was won from below
    the water table and would therefore be salt affected.
   Gravel was placed with moisture content significantly less than optimum (as low as 30% of
    optimum). Adequate compaction was therefore not achieved.
   The proposed cement stabilisation is inappropriate (and expensive) for this type of material
    with high calcium content.
   It appears that the pavement is designed for BAE 147 and occasional 717 loadings
   The proposed seal specification addresses neither the possibility of cracking (due to cement
    stabilisation) nor probable salt penetration.

Proposal
It is proposed to carry out the reconstruction and sealing of the Onslow Airstrip as an in-house
project.

The success of any project relies upon adequate and expert supervision and management. This
will be done by appointing an experienced Project Manager and Supervisor.

Work will be carried out using a combination of Council and contracted resources.

Process
 Appoint a Project Manager; the Project Manager will report to the Executive Manager
   Engineering Services and will have overall responsibility for completing the project on time,
   within budget and to the required standard.
 Project Manager to develop a Project Management Plan which will document all aspects of
   the work to be carried out including safety, quality and environmental considerations. Forte
   Airport Management will be consulted regarding the aviation requirements of the work.
 Engage a Supervisor – the Supervisor will be responsible for the day to day operation and
   will ensure that works are carried out efficiently and effectively and will also ensure that all
   works are carried out in accordance with the Project Management Plan.
 Tine existing surface to a depth of 200mm.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                      13


   Stabilise both runways with Kalfoss (Council already has purchased most of this material).
    This will ensure a tightly bound sub base.
   Reshape, water, compact.
   Crush onsite hard rock to 20mm minus for base course on primary runway
   Place base course.
   Seal with two coat seal or primer seal.

This process will ensure the appropriate stabilistion process and provides a base course of
higher integrity. The crushed rock overlay will also reduce the possibility of salt penetration of
the seal. This will allow a lower standard of seal if required without fear of premature failure.

The estimate of cost is $1.209 million
                                                                         [APPENDIX 10.05.010B]


Reduction of $238,000 for primer seal only.
Reduction of $24,000 for not stabilising secondary strip.


For comparison to previous tenders the following need to be considered;
 Secondary strip stabilisation will reduce maintenance and extend serviceability;
 No overheads are applied to tendered rates (allowance for risk and overhead $139,000)
 High quality base course proposed;
 Contract administration and supervision costs not included in tendered rates (Airport Assist
   $45810);
 Compared on the same terms as the preferred tender of $1.411 million the recommended
   option is $786,000.

All costs are exclusive of GST.

Consultation
 Main Roads WA, Gascoyne Region have been consulted regarding material availability and
  suitability and salt treatment;
 The Coorow Shire Council Works Manager has been consulted regarding Kalfoss
  stabilisation;
 The Water Corporation has been consulted regarding water supply;
 AAPA have been consulted regarding seal design;
 Transport SA design notes – salt affected pavements;
 Forte Airport Management;
 Onslow Town Supervisor;
 Northern Transport; and
 Executive Manager Corporate Services.

Statutory Environment
There are no known statutory requirements.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                14


Policy Implications
Not applicable

Financial Implications
The estimated cost to construct an all weather strip for light aircraft is $971,000.

Council has the following funds available:

Grants on hand                                           $388,000
Loan approved                                            $500,000
Insurance                                                $230,000
Natural Disaster funding (75% of insurance shortfall)    $180,000

Strategic Implications
The Airport is a strategic community objective.

Voting Requirement
Absolute Majority Required

Officers Recommendation

That:

1. Council approve the proposed works with the primer seal and stabilized secondary
   runway options estimated cost of $971,000;

2. That no work commences on site until such time as funds from insurance and Natural
   Disaster funding are confirmed; and

3. Council not accept any tender for Tender No 01/06.



Author:       Jeff Breen                          Signature:

Manager:      Keith Pearson                       Signature:
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                         15




10.05.011      ENGINEERING SERVICES RESOLUTION STATUS REPORT

Introduction

In the short time that I have been with Council I have been able to interview a majority of
engineering staff and visit the major centres of Tom Price, Paraburdoo and Onslow.

A thorough inspection of Council‟s assets has not yet been possible; however I believe that I
have seen enough to form a view.

I have been provided with numerous documents relating to plant, funding, procedures and
policies, assets, etc by Council staff all of whom have been very helpful and cooperative.

The majority of engineering information and records, eg asset condition, plant rates, work
completed, etc is of little value as records are incomplete or out of date and the basis for many
of the quoted figures are not transparent.

I believe that because of the unusual environment that Council operates in; the standard capital
city solution will not succeed. I will be pursuing a flexible and opportunistic approach to
providing engineering services. That is, if the relevant resources are available in-house I will use
them, if not, then other methods of procurement will be required such as, consultants, liaison
with other councils/mines, short term contracts, contractors, flexible work arrangements, etc.

The following observations are from my initial evaluations and are subject to review after closer
investigations however these will form the basis for immediate actions.

Engineering Staff

 Outdoor Staff
The currently employed engineering staff appears, in general, to have adequate skills, training
and experience to carry out their current functions and any expanded role that may derive from
in-house construction works.

The limiting factor in recent times has been confidence to actually do anything other than
routine works. This is no doubt a direct result of the ever-changing management personnel with
the accompanying lack of direction and support.

With adequate planning of maintenance and construction work with clearly defined work
requirements I am confident that current staff can significantly improve their efficiency and
effectiveness.

Establishment of service levels and response times for maintenance tasks is of great
importance to enable responsibility to be assigned and accountability to be enforced.

   Professional, Technical and Administration Staff

It is ironic, but not unusual, that the arm of Council responsible for the bulk of the assets,
provides the majority of the service delivery to customers and spends the greatest proportion of
Council‟s revenue has the least professional, technical and administrative resources of
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                        16


Council‟s departments. Engineering administers the largest portion of Council‟s budget,
therefore the greatest potential for either cost savings or enhanced service provision, at no extra
cost, through the implementation of improved efficiency and effectiveness resides in this
department.

Because of the existing lack of systems, information, procedures, planning, etc there may well
be a need for an increased short term, project base resource if these issues, which severely
limit the ability of Council in general to operate at an optimum level, are to be resolved in the
short term. The longer they remain unresolved the greater the cost and risk to Council.

There is an immediate need for either a technical or administrative full time resource. The
employee will need to be capable of performing a crossover role i.e. technical to administration
or vice versa.

Skills in project management, materials science, design, survey control, estimating and cost
control, asset management, programming and scheduling, budgeting, etc will be required.

The key to a more effective and efficient operation lies in the planning and programming of all
works.

Works Program – In-house or Contract Out?

I don‟t believe that in recent times Council has been well placed to carry out construction work
either in-house or by contracting out.

On the one hand there is a distinct lack of contract administration and supervision skills and on
the other hand there is very little in the way of project management and technical skills. With the
availability of the relevant skills in-house construction work will be greatly more cost effective
than contracting out. The reasons for this include; project profit remains with Council, the risk
component cost built into a contract remains with Council if the risk is not realised, plans and
specifications do not have to be as complete or exact, changes in design due to budget
constraints or changed requirements will not attract a variation cost, less cost in contract
administration, no tendering costs, etc. The necessary increase in resources will also create
greater flexibility in the workforce and will provide a more effective emergency response if
required.

The opportunity will also be available to carry out private works thereby generating revenue for
Council.

In-house delivery of construction work is contingent upon the implementation of a satisfactory
cost control system.

I am confident, having interviewed the majority of the outdoor workforce, that the necessary
operator and labourer skills are available with the added opportunity to provide training and
career paths for existing and future employees thereby assisting with employee retention.

The build up of resources will need to be managed to ensure long term sustainability. It is
imperative that projected works and resource levels remain within Council‟s immediate, medium
and long term revenue capacity. This will result in resource averaging i.e. in-house resources
                                   Agenda – Ordinary Meeting of Council
                                              16 May 2006                                             17


won‟t fluctuate significantly from year to year, with any peaks in works being met by contracting
out or by hiring of plant with operators.

Therefore the option to contract out works will always exist to provide extra construction (or
maintenance) capacity or to carry out specialised works where in-house skills don‟t exist or
where skill capacity has been lost due to staff turnover.

The hiring of plant and operators will also be utilised to provide plant requirements where the
projected utilisation is low or equipment is specialised (providing it is cost competitive).

Plant and Equipment

It is obvious from even a cursory inspection of tendered plant rates that Council is paying too
much for locally sourced plant. It is also apparent that Council work is a very low priority for
contractors compared to mine work.

It appears that an average across-the-board premium of $20/hr is paid for each item of contract
plant. This equates to around an extra $1,000 per week; per plant item compared to plant from
contractors outside Tom Price.

In-house plant rates are considerably lower again providing utilisation is sufficient. However the
rebuilding of Council‟s plant and equipment capacity will be a relatively slow process, say three
to five years, depending upon financial capacity and projected work and therefore utilisation.
Most of Council‟s existing plant is either old and or inappropriate.

A situation audit is currently being undertaken and a 5 Year Plant and Light Vehicle
Replacement/Acquisition Program will be produced based on having adequate plant to carry out
the majority of maintenance functions and a core of fundamental plant to carry out in-house
construction and private works.

Of course, Council will never own every item of plant that will be required to provide the required
services. Economic viability, availability of operators, Council funds, flexibility, utilisation, etc will
all be factors that influence the decision making process.

Asset Management

All of Council‟s assets require review for condition, completeness of inventory, requirement, etc.
I had intended to conduct a gap analysis of Council‟s Asset Management (AM) system. This is
not necessary as I have not been able to identify that any of the basic elements of an AM
system exist except perhaps an asset register which is incomplete and some condition data
which is outdated and derived by undocumented and unknown methods.

The AM implementation process will require input from all stakeholders at the relevant points.
An outline plan will be developed and then relevant stakeholders will be involved to agree such
issues of data collection, asset inventory, levels of service, work procedures, valuations,
depreciation, etc. This AM system will involve all Council departments, Councillors and the
community.

Without a comprehensive AM system zero–based budgeting is difficult therefore an early start
on the system to at least address the basic issues is imperative to support the budget process.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                      18


Occupational Safety and Health

It‟s pleasing to see a start on a more structured approach to Occupational Safety and Health
with the establishment of the safety committee.

Safety is not a high priority in the workforce which not only exposes all Council officers and
Council itself to liability but more importantly the prevailing attitude exposes all workers to a
greater likelihood of being involved in an accident or incident.

Success in implementing a comprehensive safety system will be greatly enhanced by the overt
support of the Chief Executive Officer and Council.

Priorities

Immediate priorities are operational with Onslow airstrip, footpath program, Paraburdoo
drainage and Onslow RDS being the main projects.

The 2006/07 budget process has also commenced and following this, the implementation of
various systems such as asset management, GIS, cost control, estimating, etc will start.

The greatest challenge that we face is to devise a system that has life after its creator. In the
past Council has commenced work on asset management systems, introduced a GIS, provided
work plans, etc. None of these have been maintained which is a huge waste of Council
resources.
                                    Agenda – Ordinary Meeting of Council
                                               16 May 2006                                                 19




                     Agenda
          Council                       Report Title
     #                                                                               Council Resolution                                     Current Status
          Meeting      Ref.
1.       03/06      10.02.003   Roads to Recovery Funding       That Council utilise all unspent Roads to Recovery carry over      Currently under review with
                                                                funds ($451,394) in carrying out reseal works as per the           regard to applied overheads and
                                                                attached Additional Reseal Program.                                actual available funds.
2.       03/06      10.02.004   Roads to Recovery –             That Council approve the attached Quotation Documents for          Ongoing.
                                Pannawonica- Millstream         the survey and design of the western end of the Pannawonica-       Work to commence early June.
                                Road                            Millstream Road.
3.       03/06      10.02.005   Tender Documents –              That Council approve both Tender Documents (as attached at         Ongoing.
                                Concrete Footpaths etc At       Appendix 10.02.005) for Concrete Footpaths in Tom Price and        A review of tender documents
                                Paraburdoo & Tom Price          Paraburdoo and Tenders be called for the work.                     revealed some shortcomings in
                                                                                                                                   specification and location of
                                                                                                                                   footpaths. Currently investigating
                                                                                                                                   alternative delivery method.
4.       01/06      10.01.001   Paraburdoo Stormwater           That Council approve the Documents for the calling of Tenders      Ongoing.
                                Drainage                        for Paraburdoo Stormwater Drainage Works. [APPENDIX                A review of tender documents
                                                                10.01.001].                                                        revealed some shortcomings in
                                                                                                                                   specification for bedding of pipes
                                                                                                                                   and design criteria. Currently
                                                                                                                                   investigating alternative delivery
                                                                                                                                   method.
5.       12/05      10.12.770   Purchase of Extra Plant         That Council approve the purchase of plant additional to that      Finalised.
                                                                allowed in the Budget, namely a 3000 Litre fuel tank, provided
                                                                that the total net expenditure does not exceed the budget net
                                                                expenditure.

                                                                It is also recommended that the replacement of other plant
                                                                items, namely 2WD Utilities, be considered at the budget
                                                                review, again provided that the net expenditure does not
                                                                exceed the budget net expenditure.
6.       07/05      10.07.757   Closure of dedicated road no.   That Council in accordance with Section 58 of the Land             (Ongoing)
                                1718 – Hamersley Station to     Administration Act 1997, request the Minister for Lands to close   Closure action to be taken.
                                Rocklea Station                 the section of road reserve No. 1718 as described in the
                                                                Government Gazette dated 18 December 1903, west of the
                                                                Tom Price-Paraburdoo Road.
                                    Agenda – Ordinary Meeting of Council
                                               16 May 2006                                                   20


                     Agenda
          Council                       Report Title
     #                                                                                Council Resolution                                       Current Status
          Meeting      Ref.
7.       06/05      10.06.755   Tom Price & Paraburdoo         That the Department of Planning and Infrastructure be                  Ongoing.
                                Landfill Facilities            requested to initiate an extension of the crown reserves               Still awaiting PI approval for a
                                                               covering the Tom Price and Paraburdoo landfill facilities to cater     release of Paraburdoo land,
                                                               for future waste management needs.                                     subject to DPI processing.
                                                                                                                                      Tom Price Tip issue referred
                                                                                                                                      separately to DPI.
8.       12/03      10.12.711   Proposed Road Closure          The Council advise Robe River Mining Company Pty Ltd that it           (Ongoing)
                                Yarraloola – Millstream Road   supports, „In Principal‟ the closure of Yarraloola – Millstream        Letter sent to Robe River Mining
                                MI.MESJ                        Road, in accordance with the attached plan (Appendix                   advising company that it should
                                MDS                            10.12.711), subject to the following matters being met to the          confirm its acceptance of
                                                               satisfaction of the Council.                                           Council conditions in writing prior
                                                               Robe River Mining Company Pty Ltd being responsible for all            to the matter being referred to
                                                               costs associated with obtaining necessary approvals and                March 2005 Council Meeting.
                                                               undertaking the necessary works at each end of the closure.
                                                               These costs are to include any reinstatement work, as well as          Road is not gazetted but is only
                                                               advisory signage, deemed necessary, or desirable, by Council.          notated on DOLA plans.
                                                               Further discussions taking place between Robe River Mining
                                                               Company Pty Ltd, the Shire and other relevant parties, in order        Pilbara Iron still to complete
                                                               to establish the most appropriate location of the western              community consultation process.
                                                               closure, having regard to interests of the Pannawonica and
                                                               Indigenous communities.
                                                               Robe River agreeing to make a contribution towards the
                                                               maintenance or improvement of the newly aligned
                                                               Pannawonica – Millstream Road.
9.       04/03      10.04.691   Closure of Dedicated Road,     That Council in accordance with Section 58 of the Land                 (Ongoing)
                                No. 1718 – Hamersley Station   Administration Act 1997, advertise the closure of the section of       Advertising of intention to close
                                to Rocklea Station             road No. 1718 as described on 18 December 1903, west of the            will be undertaken during April
                                MES                            Tom Price-Paraburdoo Road, provided Hamersley Iron Pty Ltd,            for period of at least 35 days
                                                               indemnify Council against any costs in this process.                   prior to reconsideration by
                                                                                                                                      Council as per s58 LAA.
10.      03/03      10.03.680   Yampire Gorge Road –           That Council after considering the submissions received                (Ongoing)
                                Formal Road Closure            proceed with the restriction of vehicular traffic to part of Yampire   Actioned by EPO.
                                EPO                            Gorge defined as being three (3) kilometres north of Banjima
                                                               Drive intersection and extending to ten (10) kilometres south of       Letter sent on 2/4/03 to MRWA
                                                               the Nanutarra Munjina Road in accordance with Section 3.50 of          advising of Council‟s decision to
                                                               the Local Government Act 1995.                                         close road.
                                                               That further investigation be carried out on the feasibility of the
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                                21


                  Agenda
       Council                       Report Title
 #                                                                               Council Resolution                                    Current Status
       Meeting      Ref.
                                                           reinstatement of the Yampire Gorge Road, including duty of          Investigation of road re-opening
                                                           care issues relating to asbestos contamination and level of         will require engagement of
                                                           reinstatement.                                                      suitably qualified consultants.
                                                           Amendment to Recommendation
                                                           While Council agrees to the immediate restriction of traffic        It is noted that conducting
                                                           through Yampire Gorge in order to limit exposure to liability,      investigations may breach Policy
                                                           Council would like to consider at a later stage, options for        FIN10.
                                                           reopening the road.
11.   12/02      10.12.266   Maroonah Road Dedicated       Approves the use of road trains along Towera Road, and              (Ongoing)
                             Alignment                     Maroonah Road to access Dodsley Pty Ltd mine site; subject to       Dodsley Pty Ltd contributed
                             MES                           the mining company being responsible for the ongoing                $22,000 in 2002 to road
                                                           maintenance of the road during the period of operation.             realignment around Station.
                                                           Advertises the proposed closure of the disused gazetted road        Works to be included in draft
                                                           number 8475 south east of Maroonah Station; and                     2005/06 budget. Location of
                                                           Seeks the Ministers approval for the dedication of the new road     realignment to be identified and
                                                           alignment around Maroonah Station and south east to the             Ministerial approval sought.
                                                           Dodsley Pty Ltd mine site.
12.   04/03      10.04.686   Maroonah Road South – Road    That Council advise the Department of Land Administration that      (Ongoing)
                             Reservation Closure           Ministerial approval is sought for the permanent closure of the     Proposed closure was
                                                           disused Maroonah South Road Reserve.                                advertised 11/1/03; no
                                                                                                                               submissions received.
13.   08/02      10.08.652   Karijini and Millstream       1. Act in conjunction with the Department for Conservation and      (Ongoing)
                                                                                                                                                         th
                             Chichester National Parks –      Land Management on a project by project basis to source          Meeting held with CALM 10
                             Roads Maintenance and            grant funds for road improvements within the Karijini            May to discuss MOU.
                             Upgrade                          National Park and the Millstream Chichester National Park;
                             MES                           2. Retain the national parks roads on its road inventories;
                                                           3. Open negotiations with the Department for Conservation
                                                              and Land Management to formulate an equitable
                                                              interagency agreement with respect to the control,
                                                              management, maintenance and improvement of the roads
                                                              within the Karijini National Park and the Millstream
                                                              Chichester National Park; and
                                                           4. Advise CALM that Council reaffirms the position of not
                                                              undertaking road maintenance until the results of the Karijini
                                                              Road Study have been considered.
                                   Agenda – Ordinary Meeting of Council
                                              16 May 2006                                                 22




11.05.0           COMMUNITY SERVICES REPORTS

11.05.006         COMMUNITY SERVICES RESOLUTION STATUS REPORT

                     Agenda
        Council                         Report Title
#                                                                                   Council Resolution                                     Current Status
        Meeting        Ref.
    1. 01/06        11.12.001   Tom Price Sporting Shooters     That Council enter into a License Agreement with the Tom          Finalised.
                                Association (Licence            Price Branch (Inc) of the Sporting Shooters Association for
                                Agreement)                      Reserves TPR 39206 and TPR 39277 and authorizes the
                                                                Shire President and the Chief Executive Officer to sign the
                                                                License Agreement and apply the Common Seal.
    2. 12/05        11.12.364   Sports Pavilion Tom Price –     That Council invites Expressions of Interest from Community       Panthers to prepare business
                                Expression To Lease             and Sporting Clubs interested in entering into a License          plan.
                                                                Agreement to occupy the Tom Price Sports Pavilion situated
                                                                on Reserve 42659.
    3. 12/05        11.12.365   Squash Courts – Tom Price       That Council invites Expressions of Interest from Community       Junior Football only applicant.
                                (Former Gym) – Expression       and Sporting Groups interested in entering into a Licence         License Agreement being
                                to Lease                        Agreement to occupy portion of the Squash courts (Former          prepared.
                                                                Gym) situated on Reserve EAR40835 Tom Price.
    4. 12/05        11.12.368   Tom Price Entry Statement       That Council grant approval to the Tom Price Tourism              Entry Statement subject to
                                                                Committee for the establishment of a Tom Price Entry              further report to Council.
                                                                Statement on Mine Road Tom Price, and wishes to consider
                                                                further options for the Entry Statement and these may relate to
                                                                location and the nature of the structure.
    5. 12/05        11.12.369   Tom Price Area W Civic          That Council:                                                     To be included in 2006/2007
                                Centre                 1.       Include $40,000 for consideration in the 2006/07 draft budget     draft budget.
                                                                for repairs to the Area W Civic Centre subject to successful
                                                                grant funding being obtained by the Children‟s Activity Centre
                                                                Group.
                                                        2.      Include $5,000 in the 2006/07 draft budget for consideration as
                                                                a donation towards operational costs by the Children‟s Activity
                                                                Centre Group provided they undertake cleaning of the toilets
                                                                when utilized by netball and basketball.
                                                        3.      Meet the cost of water at the Area W Civic Centre and include
                                                                this clause in the draft licence agreement.
    6. 12/05        11.12.370   Lions Park Tom Price –          That Council approve the installation of 1.27m galvanized         Fencing completed.
                                Erection of Shade Shelter and   pool-style fencing around the perimeter of the Tom Price Lions
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                               23


                    Agenda
         Council                         Report Title
#                                                                                Council Resolution                                   Current Status
         Meeting      Ref.
                               Fencing                       Park and Shade Shelter over the playground equipment
                                                             subject to final design and plans being approved by Councils
                                                             Principal Building Surveyor.
    7. 12/05       11.12.371   Tom Price Transit House –     That Council grant approval for the development of a native      Referred to Water Wise & Tidy
                               Water Wise Garden             water wise efficient garden at 498 Sirus Street, Tom Price,      Towns Committee.
                                                             subject to final costing and design being presented to the CEO
                                                             and Acting Executive Manager Engineering Services.
    8. 08/05       11.08.357   Paraburdoo Swimming Pool      That Council acknowledge the action taken by the working         Tender documentation being
                                                             group and that subject to further community consultation, a      prepared.
                                                             detailed report be presented at the September Meeting
                                                             outlining recommendations.
    9. 07/05       11.07.352   Tjulina Oval Change rooms –   That Council grant approval in principle for the Tom Price       Works have commenced.
                               Tom Price – Expression of     Mens and Ladies Softball Associations to occupy and modify       License Agreement being
                               Interest to Occupy            the change rooms on Tjulina Oval Tom Price to club rooms         prepared.
                                                             subject to detailed plans and costings being provided and the
                                                             necessary funding applications being submitted to the
                                                             appropriate funding bodies.
    10. 05/05      11.05.344   Tom Price Squash Club –       That Council enters into a Licence Agreement with the Tom        (Ongoing)
                               Renewal    of    Licence      Price Squash Club Inc. for the occupation of the Tom Price       Licence     Agreement     being
                               Agreement                     Squash Courts located on Reserve 42659 for a period of five      prepared.           Discussions
                                                             years commencing 1 July 2005 for the financial consideration     continuing with Squash Club.
                                                             of $200 per year.
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                         24




12.05.0      CORPORATE SERVICES REPORTS

12.05.025    COUNCILLORS’ SITTING FEES, LOCAL GOVERNMENT ALLOWANCE
             FOR THE PRESIDENT, DEPUTY PRESIDENT AND OTHER ALLOWANCES

FILE REFERENCE:                   OR.CR.3

AUTHOR’S NAME AND                 Linda Sperring
POSITION:                         Executive Manager Corporate Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              18 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
The Local Government Act 1995 (the Act) provides for the payment of fees and allowances
for elected members and these include either a meeting fee or an annual attendance fee
with a minimum and maximum range. The Act also provides for other limited allowances or
reimbursements, generally covered by Council policy.

Council sets the sitting fees, presidential allowance and other allowances on an annual
basis. It is proposed that the existing arrangements and levels of payment remain unaltered
for 2006/2007.


Background
In accordance with the Local Government Act 1995 and Local Government (Administration)
Regulations 1996, Council needs to determine on an annual basis the fees and allowances
paid to Councillors, and as this year is not an election year, these will apply from this
meeting.

Last year Council approved the following:

Councillors Meeting Attendance Fees
An annual meeting attendance fee of $6,000 per annum, paid quarterly in advance.

President’s Meeting Allowance Fee
An annual meeting allowance of $12,000 per annum, paid quarterly in advance.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                         25


Local Government Allowance for President
An annual local government allowance of $5,000 claimed as required.

Local Government Allowance for Deputy President
An annual local government allowance of $1,250 claimed as required.

Reimbursement of other Expenses
Councillors may seek reimbursement of actual expenses incurred on Council business in
accordance with Policy ELM 06. Expenditure incurred not covered by Policy ELM06, the
Local Government Act 1995 or the Local Government (Administration) Regulations 1996,
referred to Council for prior consideration and specific approval.

Comment
The sitting fee for attending Council meetings is paid in recognition of the time and effort
required by Councillors in attending those meetings and preparing for them. It is an
individual right for each Councillor to decide whether they wish to receive payment or not.
Each person is free to make their own decision in private and exercise their right without
influence or pressure from other members.

The current maximum and minimum levels are as follows:

Councillors Meeting Attendance Fees
Minimum      $2 400
Maximum      $7 000

President’s Meeting Allowance Fee
Minimum      $6 000
Maximum      $14 000

Local Government Allowance for President
Minimum      $600
Maximum      $12 000; or 0.002 of the local government‟s operating revenue, whichever is
the greater amount, but in any case no more than $60 000.

Local Government Allowance for Deputy President
Up to 25% of Presidents Allowance.

In each case, these fees apply to attending meetings whether of the council or of any
committee.

Therefore the current payment levels are within the minimum and maximum limits set by the
legislation.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                           26


In considering this matter, Councillors need to be mindful of the community‟s perception of
being „paid‟ for what they believe is essentially voluntary work. It has been noted in the past
that the payment of an annual fee rather than per meeting fee for actual attendance
sometimes gives a poor impression to the ratepayers when meetings are not attended.

It is noted that in the past, it has been suggested that Council consider the payment of
sitting fees in arrears, however it is noted that in the past Councillors have determined to
have the payment made in advance and the recommendation therefore reflects this.

Councillors should also investigate the personal taxation implications for receiving sitting
fees and allowances, to ensure that they are complying with the income taxation legislation.

Consultation
Not Required.

Statutory Environment
Sections 5.98 to 5.99A of the Local Government Act 1995.
Regulations 30 to 34A of the Local Government (Administration) Regulations 1996.

Policy Implications
Council Policy ELM06 „Councillors / Staff – Accommodation, Travel and Incidental
Expenses Whilst on Council Business‟.

Financial Implications
Payment of fees and allowances at existing levels was incorporated into the 2005 / 2006
budget and will be included in the 2006/2007 budget.

Strategic Implications
There are no strategic implications relative to this issue.

Voting Requirement
Absolute Majority Required
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                    27


Recommendation

That the following fees and allowances be provided for Councillors from this meeting
with the next review being scheduled for the May 2007 Ordinary Meeting to be in line
with the budget process:

1. Councillors Meeting Attendance Fees
   Pursuant to Section 5.99 of the Local Government Act 1995, Councillors receive
   an annual meeting attendance fee of $6,000 per annum, paid quarterly in advance.

2. President’s Meeting Allowance Fee
   Pursuant to Section 5.99 of the Local Government Act 1995, the Shire President
   receive an annual meeting allowance of $12,000 per annum, paid quarterly in
   advance.

3. Local Government Allowance for President
   Pursuant of Section 5.98 (5) of the Local Government Act 1995, the Shire
   President receive an annual local government allowance of $5,000 claimed as
   required.

4. Local Government Allowance for Deputy President
   Pursuant of Section 5.98A (1) of the Local Government Act 1995, the Deputy
   President receives an annual local government allowance of $1,250 claimed as
   required.

5. Reimbursement of other Expenses
   Pursuant to Sections 5.98 (2), (3) and (4) of the Local Government Act 1995,
   Councillors may seek reimbursement of actual expenses incurred on Council
   business in accordance with Council Policy ELM 06. Expenditure incurred not
   covered by Policy ELM06, the Local Government Act 1995 or the Local
   Government (Administration) Regulations 1996, needs to be referred to Council
   for prior consideration and specific approval.




Author:     Linda Sperring                  Signature:

Manager:    Keith Pearson                   Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                          28




12.05.026    PROPOSED ONSLOW TOWN ENHANCEMENT SCHEME

FILE REFERENCE:                   EC.DV.3

AUTHOR’S NAME AND                 Keith Pearson
POSITION:                         Chief Executive Officer

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              24 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
During a recent public meeting in Onslow the State MLA for Burrup, The Hon Fred Reibling
promoted the concept of a Town Enhancement Scheme for Onslow.

Potentially, the idea could be of significant benefit to the town and for this reason it is
recommended that Council advise The Hon Fred Reibling of its support for the concept. It is
also recommended that Council convey its support to the Premier, the Minister for State
Development and the Minister for the Pilbara


Background
During a public meeting held on 10 April 2006 in Onslow, the local State MLA for Burrup,
The Hon Fred Reibling, presented the concept of a State promoted Town Enhancement
Scheme for Onslow.

The meeting, which was attended by approximately 40 people, had been convened by local
residents who were concerned by the perceived inadequate provision of public services and
infrastructure to the town, particularly those provided by the Shire.

The Shire President, Chief Executive Officer and Executive Manager of Western Operations
attended the meeting as observers.

Comment
During the course of the public meeting, which explored Onslow residents‟ concerns in
relation to Local and State Government infrastructure and services in the town, the extent of
public support for Onslow leaving the Shire of Ashburton and becoming either a local
government in its own right, or it joining a neighbouring shire, was canvassed.

While the issue of secession remained unresolved, The Hon Fred Reibling, who together
with the CEO of the Pilbara Development Commission, Mrs Robyn Crane, attended the
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                         29


meeting, promoted the concept of a Town Enhancement Scheme for Onslow, as an option
available for consideration to town residents.

Although no specific detail was given as to how such a proposal would function, The State
Member explained that such schemes were being successfully pursued in the Pilbara towns
of Port Hedland and Roebourne. He emphasized that they were State Government driven
programs, but included local government and community input.

The State Member‟s proposal is worthy of more detailed investigation and for this reason it
is recommended that Council advise The Hon Fred Reibling of its support for the concept
and invite him to explain the proposal in more detail to a meeting of Council.

Consultation
 Shire President, Cr Leanne Corker;
 Onslow Ward Councillor, Cr Ann Eyre; and
 Executive Manager Western Operations, Amanda OHalloran

Statutory Environment
Not Applicable

Policy Implications
Not Applicable

Financial Implications
Not Applicable. It is a State Government based proposal.

Strategic Implications
The implementation of an Enhancement Scheme would be consistent with a number of
focus areas of the 2004-09 Strategic Plan, namely Economic Growth, Quality Lifestyle and
Improved Infrastructure.

Voting Requirement
Simple Majority Required

Recommendation

That Council

1.    Advise The Hon Fred Reibling, State MLA for Burrup, that it strongly supports
      his proposal for a Town Enhancement Scheme for Onslow;

2.    Invite The Hon Fred Reibling to attend a meeting of Council in order that he
      may advise Council how such a scheme would be implemented and the
      manner in which Council may participate; and

3.    Convey its support for The Hon Fred Reibling’s proposal to the State Premier,
      the Minister for State Development and the Minister for the Pilbara.


Author:      Keith Pearson                    Signature:
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                        30


12.05.027    ANNUAL GENERAL MEETING                  OF     ELECTORS     &    ELECTORS
             INFORMATION MEETING

FILE REFERENCE:                  OR.CI.3

AUTHOR’S NAME AND                Linda Sperring
POSITION:                        Executive Manager Corporate Services

NAME OF APPLICANT/               Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:             19 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                 Item 12.02.010
REFERENCE:                       Ordinary Meeting of Council 16 March 2006


Summary
To receive and note the minutes of the Annual General Meeting of Electors and the Electors
Information Meeting.


Background
Council is required to hold an Annual General Meeting of Electors. At its meeting on 16
March 2006, Council at points 2 and 3 resolved as follows:

      “2.    That Council hold an Annual General Meeting of Electors at 7.00pm on
             Monday 3 April 2006 at the Tom Price Council Chambers.

      3.     That Council hold an elector information meeting in Onslow at 7.00pm on
             Thursday 6 April at the Onslow Council Chambers and in Paraburdoo at
             7:00pm on Tuesday 11 April 2006. “

Comment
The Annual General Meeting of Electors (AGM) was held on 3 April 2006 at the Tom Price
Council Chambers. An Elector Information Session was held on 11 April 2006 at the Lesser
Hall, Paraburdoo. Given the cyclones which affected Onslow, that Elector Information
Meeting was cancelled.

The AGM in Tom Price was only attended by the Shire President, her spouse and Shire
Staff. The Elector Information Session in Paraburdoo was well attended, with 54 people
signing in and approximately 10 more not signing.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                           31




In accordance with section 5.32 of the Local Government Act 1995 (the Act), minutes were
kept of the two meetings and these are attached.

                                                                         [APPENDIX 12.05.027A]
                                                                         [APPENDIX 12.05.027B]

Section 5.33 of the Act provides that all decisions made at an electors‟ meeting are to be
considered at the next ordinary council meeting or, if that is not practicable at the first
ordinary council meeting after that meeting or at a special meeting called for that purpose,
whichever happens first. This is the first meeting that it is practicable to present the minutes
to Council.

It is not considered that there were any decisions made at the AGM in Tom Price which
require specific consideration by Council.

There were no formalised decisions made at the Elector Information Meeting in Paraburdoo;
however the Shire President made the following commitments to community members
present:

    The Shire will give further consideration to the provision buses for transporting school
     students to Tom Price Pool;
    The Shire will be more communicative and will publish updates and Councillor contact
     details in the Communicator;
    To encourage the community to liaise with the Shire of Ashburton regarding the issue;
     and
    To work to reopen the Pool as soon as possible.

Council would not be required to make any decision in response to the AGM in Tom Price;
however it may be appropriate that Council ratify the commitments made by the Shire
President to the Electors Meeting in Paraburdoo.

Section 5.33 provides that if Council makes a decision in response to a decision made at an
electors‟ meeting, the reasons for the decision are to be recorded in the minutes of the
council meeting.

Consultation
Not Required.

Statutory Environment
Section 5.32 and 5.33 of the Local Government Act 1995.

Policy Implications
There are no policy implications relative to this issue.

Financial Implications
There are no financial implications relative to this issue.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                    32


Strategic Implications
There are no strategic implications relative to this issue.

Voting Requirement
Simple Majority Required

Recommendation

That Council:

1.     Receive the minutes of the Annual General Meeting of Electors (Appendix
       12.05.027A), held in Tom Price on 3 April 2006 and note the contents.

2.     Receive the minutes of the Electors Information Meeting (Appendix
       12.05.027B), held in Paraburdoo on 11 April 2006 and note the contents.

3.     Affirms the commitments made by the Shire President to the Paraburdoo
       Community that the Shire will:

       (i)     Give further consideration to the provision buses for transporting school
               students to Tom Price Pool;
       (ii)    Be more communicative and will publish updates and Councillor contact
               details in the Communicator;
       (iii)   Encourage the community to liaise with the Shire of Ashburton
               regarding the issue; and
       (iv)    Work to reopen the Pool as soon as possible.

4.     Directs the Chief Executive Officer to take action to implement the decisions
       made in point 3.



Author:        Linda Sperring                    Signature:

Manager:       Keith Pearson                     Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                        33




12.05.028    COMPLIANCE AUDIT RETURN

FILE REFERENCE:                   OR.IG.2.13

AUTHOR’S NAME AND                 Linda Sperring
POSITION:                         Executive Manager Corporate Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              19 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
To present the 2005 Compliance Audit Return to Council for adoption.


Background
Regulation 14 of the Local Government (Audit) Regulations 1996 requires local
governments to carry out a compliance audit for the period 1 January to 31 December
against the requirements included in the annual Compliance Audit Return (CAR). On
completion of the compliance audit the local government is to complete the CAR and refer it
to Council for adoption.

The Compliance Audit Return is due to be submitted to the Department of Local
Government and Regional Development (DLGRD) by 31 March of each year. Given the
current timetable of meetings this has not been possible and the DLGRD have granted an
extension of time to the Shire up to this meeting.

Comment
As the CAR is generally a self assessment, it is only as valuable as a local government
makes it and as such a process is being developed to provide for continuous auditing
throughout the year. The newly appointed Administration Manager has attended a DLGRD
training session to this effect.

In this instance, Mr Gary Martin was retained to complete the CAR and it is attached.

                                                                       [APPENDIX 12.05.028]

As Mr Martin notes, the standard of compliance achieved in the 2005 calendar year was
“unsatisfactory”. This is to be expected and has been revealed through previous internal
and external review. As a consequence, many of the issues raised will not be new to
Council and the Administration has commenced action already on many of the items raised.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                           34




Additionally, Mr Martin has reported on areas where compliance could not be ascertained.
It is often presumed that if no evidence is available to suggest non-compliance, then the
right thing was done. However, this is not a favourable outcome for a local government as it
is preferable for there to be systems in place which can be tested and interrogated. The
effect of this however is that the Shire has a large number of seemingly non-compliant
areas.

For completeness, each of the issues where Mr Martin has noted non-compliance or where
he is unable to establish compliance is dealt with in detail below.

Local Laws
No reviews appear to have been commenced within the period assessed. Given the
relatively large amount of time involved in a local law review, it is preferable that these are
commenced well within the 8 year period, as required by legislation. Apart from ensuring
that all reviews are conducted within the required timeframe, this ensures that local laws are
up to date and functioning effectively. As the new Administration Manager has commenced,
review of local laws is a priority.

Executive Functions
This is a difficult area in which to report compliance. Advice is being sought on this matter
and it will be the subject of a future report to Council.

Thoroughfares
Mr Martin has noted that compliance could not be ascertained. It is noted that at the time of
the review, no Engineering personnel were available with knowledge of whether such an
event occurred during the reporting period.

Tenders
There are significant compliance issues in the area of tendering which have been noted
previously. A contributing factor has been the high turnover of staff and resulting loss of
corporate knowledge. To address this, a meeting will be held on 17 May 2006 with the
Chief Executive Officer, Executive Manager Engineering Services and Executive Manager
Corporate Services to develop a new tendering procedure, standardized tender documents
and a new register containing compliance checklists. This will be presented to Council for
reference at a future meeting.

The two recommendations made by Mr Martin are supported and have been incorporated
into the new procedure.

Meeting Process
A number of these items can largely be attributed to the turnover of staff and will be
addressed through the revision of internal procedures which is currently taking place.

In relation to items 32 and 34 a new compliance checklist has been created for Annual
General Meetings (AGM) and Electors Meetings. These allowed for the completion of all
aspects of the AGM and Electors Meeting for 2006 in accordance with the legislation. The
completed checklists are centrally filed and are able to be retrieved easily for future
compliance testing.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                           35


The Register of Token Gifts has been located and Councillors and Staff have previously
been reminded of their obligations in filling it out.

The recommendation relating to a meeting checklist is supported and will be implemented
by the newly appointed Administration Manager. This will incorporate the additional
recommendation made regarding the signing of minutes.

Delegation
This is an area of great concern for the Shire and has been identified as a priority
previously. Mr Martin is currently conducting a review of the Shire Delegations which will
incorporate all of the recommendations that he has made.

Disclosure of Interest
The new Administration Manager has commenced work on reviewing current practice and is
working with Mr Martin on adopting his recommendations. A report will be provided to
Council on this at a future meeting.

Finance
The majority of these items have been identified previously. In relation to the rating issues,
a review of the rating processes has commenced in preparation for the 2006-2007 financial
year. The items raised will be incorporated as part of that review.

The item raised in relation to the Auditor is of concern. While it is possible that such an
agreement exists, it will need to be located to enable the Shire to monitor the performance
and effectiveness of the new Auditor. Further information will be provided to Council at a
future meeting.

Elections
It appears that no formal records were kept of these processes. In this Shire, by way of
example, there are very few people on the Owners and Occupiers register, therefore the
provisions are generally adhered to, though not in a documented or formal format. This
appears to be the case in other instances also. It is preferable that all of these actions are
recorded for compliance purposes. As such, a procedure and compliance checklist will be
developed to capture this information for future elections.

The provisions relating to the Returning Officer and advertising, namely points 9, 10, 11 and
12 were the responsibility of the Electoral Commissioner.

Employees
These issues generally relate to the high turnover of staff during the reporting period and
the subsequent recruitment of replacements. There do not appear to be any longer term
effects which require attention; however the Human Resources Officer has revised the
Shire‟s Performance Management Program and will shortly deliver training to each officer
responsible for reviewing staff performance. A report on this will be presented to Council for
information at a future meeting.

Local Government Grants and Miscellaneous
With regard to the Local Government Grants Commission Return, while extensions of time
were granted, it is not the best outcome to submit the return late. Discussions have taken
place with Mr Ray Hadlow, a recognized consultant in this area on how to improve future
returns.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                         36


In relation to the disposal of property, a compliance checklist and procedure has been
written to ensure that all disposals of property are conducted in accordance with the
legislation.

Other
The recommendations made by Mr Martin in relation to Cemeteries are supported. The
recommendation regarding a resurvey of the Cemeteries has been included as part of the
2006-2007 Budget process.

Mr Martin‟s recommendations in relation to „checklists‟ throughout the CAR are strongly
supported and work has commenced on developing these in relevant areas. Strict
management control across each Division will be required to ensure the Shire improves its
current compliance level.

It is proposed that regular reporting at three monthly intervals on the status of the Shire‟s
compliance be undertaken. This will allow Council to continuously monitor the performance
of the Administration against these requirements.

Consultation
Not required.

Statutory Environment
Local Government (Audit) Regulations 1996.

Policy Implications
There are no policy implications relative to this issue.

Financial Implications
There are financial implications associated with the use of contractors and auditors for
external review.

Strategic Implications
Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound
financial management and reporting systems”.

Voting Requirement
Simple Majority Required
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                   37


Recommendation

That Council:

1.    Adopt the Compliance Audit Return for 2005 as attached at [APPENDIX
      12.05.028];

2.    Directs the Chief Executive Officer to take action on the items raised in the
      Compliance Audit Return; and

3.    Provide an interim report to Council in three months time on progress made on
      addressing these items.



Author:     Linda Sperring                  Signature:

Manager:    Keith Pearson                   Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                          38



12.02.029    REVIEW OF COUNCIL POLICY FIN09 AUTHORISED SIGNATORIES FOR
             CHEQUE PAYMENTS

FILE REFERENCE:

AUTHOR’S NAME AND                 Linda Sperring
POSITION:                         Executive Manager Corporate Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              4 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
To review Council Policy FIN09 Authorised Signatories for Cheque Payments.


Background
The Administration is currently undertaking a Shire wide review of policies and procedures.
The aim of this is to ensure that all policies and administrative practices are in accordance
with relevant legislation.

The Policy in question prescribes the staff authorised to sign cheques on behalf of the
Shire. Council last reviewed this policy in 2003.

Comment
The Policy has been reviewed and is attached.
                                                                       [APPENDIX 12.05.029]

It is proposed to extend this policy to incorporate Electronic Funds Transfer (EFT)
payments. Councillors will note in the Financial Management Review, which is the subject
of a separate report in this Agenda that the auditor notes:

      “The use of EFT should be considered akin to a cheque payment, but in an electronic
      format, and the authorizations established in Deskbank should mirror the cheque
      signatory authorizations.”

This view is supported and is how the use of EFT functions currently. The extension of the
policy to include EFT will reflect current and best practice.

Aside from updating the signatory list to incorporate the current management structure, the
other change is that sole signatory rights have been removed from the Finance Manager.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                          39


Previously, the policy stipulated that at least one signatory had to be the Chief Executive
Officer, Executive Manager Corporate Services and the Finance Manager.

It is instead proposed that one signatory must be either the Chief Executive Officer or
Executive Manager Corporate Services with provisions in place to cover absences of these
two staff.

As the Finance Manager is responsible for the oversight of the preparation of the cheques, it
is considered that removing their primary signatory rights represents a further auditable
step. There is an inherent risk in any process which allows the staff responsible for
preparing payments the right to authorize those payments.

This review addresses points 6.1 and 6.3 of the Financial Management Review.

Consultation
Internal Consultation.

Statutory Environment
Local Government (Financial Management) Regulations 1996

Policy Implications
Council Policy FIN09 Authorised Signatories for Cheque Payments.

Financial Implications
Increased protection against risks associated with unauthorised transfers.

Strategic Implications
Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound
financial management and reporting systems” and Result Area – “Better Practice Local
Government”, by reviewing and analysing all Council services and functions for relevance,
statutory compliance and reporting mechanisms.

Voting Requirement
Simple Majority Required

Recommendation

That Council adopts policy “FIN 09 Authorised Signatories for Cheque and Electronic
Funds Transfer Payments” as attached at [APPENDIX 12.05.029].




Author:      Linda Sperring                    Signature:

Manager:     Keith Pearson                     Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                         40




12.05.030    APPOINTMENT OF COUNCILLORS AND STAFF TO COMMITTEES

FILE REFERENCE:                   EO.EL2

AUTHOR’S NAME AND                 Michelle Cox
POSITION:                         Administration Officer

                                  Linda Sperring
                                  Executive Manager Corporate Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              4 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
Council Policy ELM01 states:

“Council is to determine, in May of each year the appointment of members to committees.”

The opportunity has also been taken to rationalise the list of Committees of Council taking
into account that some Committees have concluded the purpose for which they were
formed or that events of the previous twelve months have altered Council‟s requirements of
some Committees.

It is proposed that following this meeting the details of all committees, working groups and
external committees will be consolidated into a register of Committees and proposed
registration.


Background
Council is to determine, in May of each year the appointment of members to committees.
The resolution of May 2005 is attached.

                                                                       [APPENDIX 12.05.030]

Comment
A local government may establish (by an absolute majority) committees of three or more
persons to assist the Council and to exercise the powers and discharge the duties of the
Council. Council may also appoint Councillors to represent it on external committees such
as those established by the State Government (ie Land Conservation District Committees).
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                           41




A committee is to have as its member‟s persons appointed (absolute majority) by the local
government to be members of the committee. At any given time each Councillor is entitled
to be a member of at least one committee and if a Councillor nominates himself or herself to
be a member of such a committee or committees, the local government is to include that
Councillor in the persons appointed to at least one of those committees as the local
government decides.

If at a meeting of the Council a local government is to make an appointment to a committee
that has or will have a Councillor as a member and the President informs the local
government of his or her wish to be a member of the committee, the local government is to
appoint the President to be a member of the committee.

Where a person is appointed as a member of a committee the person‟s membership of the
committee continues until:

    The person no longer holds the office by virtue of which the person became a member,
     or is no longer the CEO, or the CEO‟s representative, as the case may be;
    The person resigns from membership of the committee;
    The committee is disbanded; or
    The next ordinary election day, whichever happens first.

A committee member may resign from membership of the committee by giving the CEO or
the committee‟s presiding member written notice of the resignation.

The committees to which members have previously been appointed to, or need to be
appointed to, are outlined in the following sections “Committees of Council”, “External
Committees” and “Working Groups” with appropriate actions that are carried through to the
Recommendations at the end of this report.

It is important to realize that once a Committee has been designated as a “Committee of
Council”, the Committee and its members are subject to all the provisions Local
Government Act 1995. This includes the taking and publication of minutes in accordance
with the legislation and the declaration of financial and proximity interest.

This is an area of particular weakness in many local governments, as often the Committees
function purely for community input and advice and members are unaware of the implication
of being a “Committee of Council”. By way of example, a Committee comprised of business
people could be open to a breach of the financial interest provisions of the legislation owing
to the matters which they discuss.

In these instances, where a Committee has not been formed with any specific purpose or
delegated authority, it is more appropriate that they be an informal working group which
reports to Council as it sees fit, rather than a Committee of Council. It is therefore proposed
that many Committees that the Shire has previously constituted, be disbanded and formed
again as working groups, external to the Shire, but given administrative support if they are
still required.

Accordingly the recommendation contains a proposal to “disband” 9 committees, Council
will note that 8 of these committees have been noted in the “Working Group” portion of the
recommendation.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                          42


The are several External Committees who have not invited representatives from the Council
to attend the Committee. It is not known if these Committees are still in existence. This will
be noted in the recommendation. It is proposed that Council still nominate representatives
as a precaution.

Councillors are requested to advise the Executive Manager of Corporate Services if there
are any committees on this list which they believe have been disbanded. The
recommendation will be reviewed accordingly at the meeting.

Council will note that previously requests for Committee creation and representation have
come from each division within the Administration. This presents a risk as various aspects
of the legislation relating to Committees may be inadvertently breached. Further this has
meant that records and documentation for these committees are scant and incomplete.
Creating this report has been a particular challenge because of this, in particular there are
no records available on representation to External Committees.

It is proposed that in future therefore all requests for Committee membership be presented
to the Administration Manager. The requests will then be assessed for compliance with the
legislation and presented to Council by the Corporate Services division. Corporate Services
will then ensure that Committee members are provided with advice on their obligations
under the legislation and ensure that all statutory requirements are followed.

Consultation
Internal Consultation.

Statutory Environment
Local Government Act 1995.
Local Government (Administration) Regulations 1996.

Policy Implications
Council Policy ELM01 – Council and other Meetings – requires Council to appoint members
of committees in May of each year.

Financial Implications
Some expenses will be incurred in travelling and accommodation, however these are
allowed for within the annual budget.

Strategic Implications
There are no strategic implications relative to this issue.

Voting Requirement
Absolute Majority required.
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                    43


Recommendation

1.    That all previous appointments to Committees of Council are revoked.

2.    That the following Committees of Council are disbanded:

2.1   “CEO Recruitment Committee”.

2.2   “Tom Price Tourism Advisory Committee”

2.3   “Tom Price Community Safety & Crime Prevention Advisory Committee”

2.4   “Onslow Townscape Committee”

2.5   “Onslow Goods Shed Museum Management Committee”

2.6   “Old Onslow Advisory Committee”

2.7   “Station Access Roads Advisory Committee”

2.8   “Onslow Community Safety and Crime Prevention Committee”

2.9   “Onslow Volunteer Emergency Services Management Committee”

COUNCIL COMMITTEES

3.    Audit Committee

3.1   That Cr __________________, Cr _______________ and Cr ________________
      be appointed to the Audit Committee.

4.    Carinya Aged Persons Advisory Committee

4.1   That Cr _________________ and Executive Manager Western Operations be
      appointed to the Carinya Aged Persons Management Advisory Committee.

4.2   That Homeswest be invited to nominate their Regional Manager for
      appointment to the Committee.

4.3   That the other five positions be advertised in Onslow as vacant and that
      nominations be called for.

4.4   That the names of all nominees be presented to a future meeting of Council for
      ratification.
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                    44


5.    Occupational Health and Safety Committee

5.1   That Council reaffirms the appointment of Crs Laddie and Eyre to the
      Occupational Safety and Health Committee and staff representation as follows:

      Occupational Safety & Health Coordinator                      Cathi Bock
      Assistant Occupational Safety & Health Coordinator            Regan Erickson
      Chief Executive Officer                                       Keith Pearson
      Tom Price Committee Member                                    Megan Nash
      Paraburdoo Committee Member                                   Sharon Knapp
      Onslow Committee Member                                       Peter Kalalo

6.    Onslow Resource Development Working Group

6.1   That Cr ______________________ be appointed to the BHP Billiton LNG Plant
      Working Group to replace Cr Bill McAullay.

6.2   That Council reaffirms the appointment of Crs Corker and Walsham, the Chief
      Executive Officer or his delegate, the Executive, Manager Community Services,
      the Executive Manager Development Services and the Executive Manager
      Western Operations to the BHP Billiton LNG Plant Working Group.

7.    The Town Planning Scheme No.7 Amendment 1 Steering Committee

7.1   The Council reaffirms the appointment of Cr Leanne Corker, Cr Anne Eyre, the
      Chief Executive Officer, the Executive Manager Western Operations and the
      Executive Manager Development Services (when appointed).

7.2   That the Department of Planning and Infrastructure and Department of Industry
      and Resources be invited to nominate two representatives each.

7.3   That the Department of Environment and Landcorp be invited to nominate one
      representative each.

8.    Ashburton Fire Advisory Committee

8.1   That Cr ______________ and Cr _____________________be appointed to the
      Shire of Ashburton Fire Advisory Committee.

8.2   That the Chief Bush Fire Control Officer and Deputy Chief Bush Fire Control
      Officer be appointed to the Shire of Ashburton Fire Advisory Committee.

8.3   That the Fire and Emergency Services Authority be invited to nominate one
      representative.

8.4   That nominations be called for six other positions.

8.5   That the names of all nominees be presented to a future meeting of Council for
      ratification.
                              Agenda – Ordinary Meeting of Council
                                         16 May 2006                                  45


EXTERNAL COMMITTEES

9      Ashburton Land Conservation District Committee (no invitation noted)

9.1    That should a representative be required Cr __________ be appointed as
       Council’s delegate to the Ashburton Land Conservation District Committee.

10     Pilbara Regional Council (no invitation noted)

10.1   That should a representative be required Cr___________ and Cr
       ______________ be appointed as Council’s delegates to the Pilbara Regional
       Council and also matters relating to the Western Australian Local Government
       Association, together with the Chief Executive Officer.

10.2    That Cr _____________ and Cr _____________be appointed as Deputy
        Delegates to the Pilbara Regional Council.

11     Cane River Telecentre and Employment Directions Committee (no invitation
       noted)

11.1   That should a representative be required Executive Manager Western
       Operations be appointed as Council’s delegate to the Onslow Telecentre
       Management Committee.

12     LGLA 21 Advisory Group (no invitation noted)

12.1   That should a representative be required Cr __________ be appointed as
       Council’s delegate to the LGLA 21 Advisory Group.

13     The Consortium of the West Pilbara Communities for Children Committee

13.1   That Council reaffirms the appointment of Cr Walsham, Cr Laddie and
       Executive Manager Community Services as Council’s delegates to the
       Consortium of the West Pilbara Communities for Children.

14     North West Regional Environmental Health Group (no invitation noted)

14.1   That should a representative be required the Principal Environmental Health
       Officer when recruited be appointed as Council’s delegate to the North West
       Regional Environmental Health Group.

15     Pilbara Homecare Inc. (no invitation noted)

15.1   That should a representative be required the Executive Manager Community
       Services is appointed as Council’s delegate to the Pilbara Homecare Inc.

16     Pilbara Water Conservation Committee (no invitation noted)

16.1   That should a representative be required Cr __________ be appointed as
       Council’s delegate to the Pilbara Water Conservation Advisory Committee.
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                  46


17     Port Hedland/Roebourne Land Conservation District Committee (no invitation
       noted)

17.1   That should a representative be required Cr __________________ be appointed
       to the Port Hedland/Roebourne Land Conservation District Committee.

18     Recreation Fishing Advisory Committee (no invitation noted)

18.1   That should a representative be required the Executive Manager Community
       Services is nominated as Council’s delegate to the Recreation Fishing
       Advisory Committee.

19     Regional Road Group (no invitation noted)

19.1   That should a representative be required Cr ____________ and Cr
       _____________ be appointed as Council’s delegates to the Regional Road
       Group with Cr ___________ as Deputy, together with the Chief Executive
       Officer and Executive Manager Engineering Services.

20     Regional Road Group Technical Committee (no invitation noted)

20.1   That should a representative be required Council appoints the Executive
       Manager Engineering Services to the Regional Road Group Technical
       Committee.

21     Tom Price Community Safety and Crime Prevention Committee (no invitation
       noted)

21.1   That should a representative be required Cr __________________ and the
       Community Services Officer are appointed as Council’s delegates to the Tom
       Price Community Safety and Crime Prevention Committee.

22     Tom Price – Paraburdoo Youth Centre Committee (no invitation noted)

22.1   That should a representative be required the Community Services Officer is
       appointed as Council’s delegate to Tom Price-Paraburdoo Youth Centre
       Committee.

23     Local Emergency Management Committees and Local Recovery Committees

23.1   That Council appoints Cr _____________, the Senior Ranger and the Executive
       Manager Western Operations as delegates to the Onslow LEMC and the
       Onslow Local Recovery Committee and that the Executive Manager Western
       Operations be appointed as the Onslow Local Recovery Coordinator.

23.2   That Council appoints Cr ____________, Cr _____________, the Senior Ranger
       and Executive Manager Engineering Services as delegates to the Tom Price /
       Paraburdoo LEMC and the Tom Price Local Recovery Committee and that
       Senior Ranger be appointed as the Tom Price Local Recovery Coordinator.
                              Agenda – Ordinary Meeting of Council
                                         16 May 2006                                    47


23.3   That Council appoints Cr _____________, the Senior Ranger and the Executive
       Manager Western Operations, as delegates to the Pannawonica LEMC and the
       Pannawonica Local Recovery Committee and that Senior Ranger be appointed
       as the Pannawonica Local Recover Coordinator.

24     West Pilbara Regional Advisory Committee – Agwest (no invitation noted)

24.1   That should a representative be required Cr __________ be appointed as
       Council’s delegate to the West Pilbara Regional Advisory Committee – Agwest.

25     Pilbara District Emergency Management Committee (no invitation noted)

25.1   That should a representative be required the Senior Ranger be appointed to the
       Pilbara District Emergency Management Committee (DEMAC) with the
       Executive Manager Western Operations to be appointed as the Deputy
       Delegate.

26     Pilbara Regional Museums Network (No invitation noted)

26.1   That should a representative be required Cr __________ be appointed as
       Council’s delegate to the Pilbara Regional Museums Network.

27     Australian Airports Association (No invitation noted)

27.1   That should a representative be required, Cr ___________ be appointed as
       Council’s delegate to the Australian Airports Association.

28     Onslow Tourism and Progress Association

28.1   That should a representative be required Cr __________ and the Executive
       Manager Western Operations be appointed as Council’s delegates to the
       Onslow Tourism and Progress Association Inc.

29     Onslow Community Safety and Crime Prevention Committee

29.1   That should a representative be required Cr __________________ and the
       Executive Manager Western Operations are appointed as Council’s delegates
       to the Onslow Community Safety and Crime Prevention Committee.

WORKING GROUPS

30     Tom Price Tourism Advisory Committee.

30.1   That Council supports the creation of a Tom Price Tourism Advisory
       Committee and invites comment and submissions from the Committee on
       matters affecting Tourism in Tom Price.

30.1   That should the Committee request delegates from Council, Cr _____________
       the Executive Manager Community Services and Visitors Centre Supervisor be
       appointed.
                              Agenda – Ordinary Meeting of Council
                                         16 May 2006                                 48


31     Onslow Townscape Committee

31.1   That Council supports the creation of an Onslow Townscape Committee.

31.2   That should the Committee request delegates from Council, Cr
       _______________, the Chief Executive Officer, the Executive Manager Western
       Operations and the Executive Manager Engineering Services be appointed.

32.    Onslow Goods Shed Museum Management Committee

32.1   That Council supports the creation of an Onslow Goods Shed Museum
       Management Committee.

32.2   That should the Committee request delegates from Council, Cr ___________
       and the Executive Manager Western Operations be appointed.

33     Old Onslow Advisory Committee

33.1   That Council supports the creation of an Old Onslow Advisory Committee.

33.2   That should the Committee request delegates from Council Cr ______________
       and the Executive Manager Western Operations be appointed.

34.    Station Access Roads Advisory Committee

34.1   That Council supports the creation of a Station Access Roads Advisory
       Committee.

34.2   That should the Committee request delegates from Council, Cr __________ and
       the Executive Manager Engineering Services be appointed.

35.    Onslow Volunteer Emergency Services Management Committee

35.1   That Cr ______________ and the Executive Manager Western Operations be
       appointed to the Onslow Volunteer Emergency Services Management
       Committee.

35.2   That the Fire and Emergency Services Authority be invited to nominate two
       representatives.

35.3   That the Onslow Volunteer Marine Service be invited to nominate two
       representatives.


Author:      Michelle Cox                    Signature:

             Linda Sperring                  Signature:

Manager:     Linda Sperring                  Signature:

             Keith Pearson                   Signature:
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                            49


12.05.031     PARABURDOO SWIMMING POOL RENOVATION

FILE REFERENCE:                    FT 627

AUTHOR’S NAME AND                  Keith Pearson
POSITION:                          Chief Executive Officer

NAME OF APPLICANT/                 Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:               4 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                   Agenda Item 11.07.353 Ordinary Meeting of Council 19
REFERENCE:                         July 2005
                                   Agenda Item 11.08.357 Ordinary Meeting of Council 16
                                   August 2005
                                   Agenda Item 11.10.361 Ordinary Meeting of Council 18
                                   October 2005


Summary
The Paraburdoo Pool was closed in January 2006 due to extensive water leaks making it a
health and safety risk.

An initial attempt to fund the pool‟s reconstruction was unsuccessful. The Shire is presently
actively pursuing an alternative funding arrangement.

This proposal, if successful, will require Council to contribute $500,000 of the estimated total
cost of approximately $2,000,000.

It is recommended that Council conditionally agree to fund $500,000 of the pool capital
works, subject to the balance of the funds being raised from other services.


Background
In mid to late 2005 Council considered three Council reports relating to major works which
were then necessary if the Paraburdoo Swimming Pool was to continue to be available to
the Paraburdoo Community.

Following its deliberations in relation to those reports Council resolved to renovate the pool
as a 50 metre facility.

It was proposed to fund the works, which were estimated to cost $1,700,000, by a Shire
contribution of $100,000 (provided for in the 2005/2006 Budget) and the balance was to be
funded by two grants made to the Pilbara Development Commission and the Department of
Youth, Sport and Recreation respectively.
                                   Agenda – Ordinary Meeting of Council
                                              16 May 2006                                         50


Both grant applications were unsuccessful, thus the Shire has been unable to progress the
proposed works.

During the most recent pool season, water loss from the pool continued to increase until in
mid January 2006, it became necessary to close the pool for health and safety reasons.

Comment
The Administration has made a strong endeavour to progress the reopening of the
Paraburdoo Pool.

Firstly, an agreement has been finalized with Rio Tinto Ltd committed to retaining an aquatic
engineering consultant to prepare detailed plans, specifications and tender documents for
the pool renovations.

It was anticipated that these documents will be completed in the next two weeks.

Negotiations have also been taking place with the Hon Jon Ford, Minister for Local
Government and Regional Development and the Pilbara, the Hon Tom Stephens MLA and
Rio Tinto Ltd, in an attempt to source funding for the project.

Rio Tinto Ltd has committed to a cash contribution of $500,000. In addition, it has made
offers of assistance in preparing a submission to the State Government for grant funds.

To date, the State has not indicated any financial support for the project. Amongst the
issues it has requested clarification in relation to are:

   The extent of Council support for the project;
   Details of the sustainability of the facility; and
   Pool maintenance regimes.

It is clear that in order to progress negotiations with the State Government further, it is
necessary for Council to identify the extent to which it proposed to participate financially in
the renovation work. It is also necessary for the Shire to address the other matters raised
during the negotiations.

In the case of the extent of Council‟s financial commitment to the pool, a contribution of
$500,000 funded by a loan would be consistent with the prudent financial management of
the Shire. It also shows a meaningful commitment to the project by Council. The figures
below indicate the cost of this loan.

$500,000 over 15 years - $52,443.38 repayments per annum
$500,000 over 20 years - $44,766 repayments per annum

The other matters raised by the State could be addressed as a part of a detailed submission
to the State Government. The Administration has been aware of most of the matters raised
and has, or is presently documenting replies in relation to them.

Consultation
 Paraburdoo Community and pool users;
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                            51


   Hon Jon Ford, Minister for Local Government and Regional Development, and the
    Pilbara;
   Hon Tom Stephens MLA;
   Mr Bill Hart, General Manager Communities and External Relations, Rio Tinto;
   Shire President; and
   Paraburdoo Ward Councillors.

Statutory Environment
Local Government Act 1995

Policy Implications
There are no policy implications relative to this matter.

Financial Implications
If Council commits to a $500,000 loan as its contribution to the renovation of the facility, the
repayments (principal and interest) will amount to either $52443.38 or $44766 pa. In
addition, Council will have the ongoing operational costs which is has been incurring up until
the pool was closed.

Strategic Implications
Strategic Plan 2004-2009

Voting Requirement
Simple Majority Required

Recommendation

That Council:

1. Agree to include $500,000 in its draft budget as its contribution towards the
   capital cost of renovating the Paraburdoo Pool, conditional upon the balance of
   the necessary funds being raised from Rio Tinto and the State Government; and

2. Instructs the Chief Executive Officer to prepare and implement an Asset
   Management and Maintenance Plan for the Paraburdoo and Tom Price Pools.



Author:       Keith Pearson                      Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                          52




12.05.032    ACCOUNTS FOR PAYMENT – MARCH 2006

FILE REFERENCE:                  FI.RE

AUTHOR’S NAME AND                Linda Sperring
POSITION:                        Executive Manager Corporate Services

NAME OF APPLICANT/               Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:             8 May 2006

DISCLOSURE OF                    The author has no financial interest in this matter
FINANCIAL INTEREST:

PREVIOUS MEETING                 Not Applicable
REFERENCE:


Summary
The Local Government Act 1995 requires Council to approve payments made on behalf of
Council and Council has delegated this authority to the Chief Executive Officer.

This report lists the payments made for March 2006 for endorsement by Council.


Background
Where a local government has delegated to the Chief Executive Officer the exercise of its
power to make payments, a list of accounts is to be prepared each month and presented to
Council.

Comment
Council has delegated authority to make payments to the Chief Executive Officer.          All
payments made have been listed on the attached.

                                                                       [APPENDIX 12.05.032]

Councillors will note the variation from the standard presentation format. The information as
presented in the attachment is in accordance with what is required by the legislation
however time constraints have prevented Corporate Services from altering it to the format
normally presented in time for distribution with the Agenda. The regular format will be
presented to Councillors at the meeting.

Statutory Environment
Local Government Act 1995
Local Government (Financial Management) Regulations 1996
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                53


Policy Implications
There is no Council Policy relative to this issue.

Financial Implications
Payments reflect normal operational expenditure and are made in accordance with the
adopted budget.

Strategic Implications
Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound
financial management and reporting systems”

Voting Requirement
Simple Majority required.

Recommendation

That the Accounts for Payment for March 2006, as detailed in Appendix 12.05.032, be
passed for payment or payment confirmed, as the case maybe.



Author:       Linda Sperring                Signature:

Manager:      Keith Pearson                 Signature:
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                          54




12.05.033     MONTHLY FINANCIAL REPORT – MARCH 2006

FILE REFERENCE:                   FI.RE

AUTHOR’S NAME AND                 Linda Sperring
POSITION:                         Executive Manager Corporate Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              8 May 2006

DISCLOSURE OF                     The author has no financial interest in this matter
FINANCIAL INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
The Monthly Financial Reports for the period ended 31 March 2006 are presented to
Council for adoption.



Background
Recent amendments to the Financial Management Regulations, gazetted on 31 March 2005
and effective from 1 July 2005 have repealed the existing regulations (34 and 35) relating to
monthly and quarterly/triennial financial reports.

They have been substituted with a new Regulation 34. This regulation requires the
preparation, each month, of a Statement of Financial Activity, reporting on the sources of
and applications of funds.

This statement is to contain the following detail:

(a)   Annual budget estimates – taking into account any expenditures incurred for an
      additional purpose under Section 6.8 (1)(b) or (c) (i.e. the “revised budget”);
(b)   Budget estimates to the end of the month to which the statement relates (i.e. “pro-rata”
      or “rolling” budget);
(c)   Actual amounts of expenditure, revenue and income to the end of the month to which
      the statement relates (i.e. actuals);
(d)   Material variances between the comparable amounts referred to in paragraphs (b) and
      (c);
(e)   The net current assets at the end of the month to which the statement relates.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                         55


Comment
Attached are Monthly Statements for the period ended 31 March 2006 prepared by Haines
Norton Accountants.

                                                                        [APPENDIX 12.05.033A]
                                                                        [APPENDIX 12.05.033B]


These reports are accompanied by supporting information as per Financial Management
Regulation 34 (2) (c), they are:

   Statement of Financial Position (Balance Sheet); and
   Statement of Financial Performance (Operating Statement);

Given time constraints associated with a lack of staff in the Finance division, the graphs
which are normally prepared by the Senior Finance Officer could not be prepared in time for
distribution with the Agenda. It was considered appropriate that time first be spent ensuring
that the statutorily required data was true and accurate.

Graphs showing the actual and budget movements throughout the year to the end of the
reporting month in:

   Cash at bank;
   Operating Expenses;
   Operating Revenue;
   Debtors and Creditors;
   Capital Expenditure; and
   Grant Revenue.

The above will be supplied at the meeting.

Statutory Environment
Local Government Act 1995
Local Government (Financial Management) Regulation 1996.

Policy Implications
There is no Council Policy relative to this issue.

Financial Implications
Financial implications and performance to budget are reported to Council on a monthly
basis and such other reports as prepared by the Chief Executive Officer.

Strategic Implications
Not applicable.

Voting Requirement
Simple Majority required.
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                   56


Recommendation

That the Statement of Financial Activity Reports for the period ended 31 March 2006
are adopted by Council.



Author:     Linda Sperring           Signature:

Manager:    Keith Pearson            Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                        57




12.05.034    FINANCIAL MANAGEMENT AUDIT

FILE REFERENCE:                   FI.AU.05.06

AUTHOR’S NAME AND                 Linda Sperring
POSITION:                         Executive Manager Corporate Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              3 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
To present the Financial Management Report to Council for adoption.


Background
Regulation 5(2)(c) of the Local Government (Financial Management) Regulations 1996
provide that the Chief Executive Officer is to:

      “Undertake reviews of the appropriateness and effectiveness of the financial
      management systems and procedures of the local government regularly (and not
      less than once in every 4 financial years) and report to the local government the
      results of those reviews.”

Comment
The Shire‟s Auditors Horwath were appointed to undertake the review and the report is
attached.

                                                                       [APPENDIX 12.05.034]

The Auditors were requested to report on the following:

Receipts/Debtors                                   Minutes and Meetings
Payments/Creditors                                 Financial Reports
Payroll                                            Budgets
Rates                                              Principal Activity Plan
Fees and Charges                                   Acquisition and Disposal of Property
Cost Allocations                                   Registers
Administration Allocations                         General Compliance Issues
Purchasing                                         General Ledger Chart of Accounts
Job Costing                                        Private Works
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                         58


Each of the recommendations made by the Auditor is addressed below.

Bank Reconciliations
The recommendations are supported. A system of internal control check-lists, including bank
reconciliations, is being prepared.

Receipts/Debtors
The recommendations are supported.

Payments/Creditors
EFT and Cheque Signatories: These recommendations are strongly supported and a review of
Authorized Signatories is the subject of a separate report to Council in this Agenda.

Statement of Other Outstanding Amounts: This recommendation is supported and will be
implemented for the future. There is the need for a review all the current end of month
procedures at the Shire and a report on this review will be provided to Council at a future
meeting.

Payroll
Given the complexity of the current Payroll arrangements, it is remarkable that there have not
been more issues with its operation. This can be attributed to the efforts of the Shire‟s previous
Payroll Officer, Patricia Moss. To achieve such a strong result within an obviously inadequate
system is commendable and a reflection of Ms Moss‟s commitment to the task. The
recommendation made in this report will be referred to the new Payroll Officer, when recruited,
for implementation.

Rates
The recommendations are noted and supported. The decision by the previous management
during early 2005 to operate the Shire Rate Book through the Haines Norton system “Rate Book
Online” (RBO) has caused considerable difficulties and these are being considered to identify
the most acceptable solution(s). A start has been made in transferring rating data from RBO
back to the Shire‟s Authority system.

Some preliminary basic rating training has been carried out for new employees. However the
lack of trained and experienced rating officers remains a concern.

The reconciliation of GRV and UV properties is a high priority but adequate staffing is an issue.

Administration Allocations
This recommendation is strongly supported. There is no evidence available as to why the
previous Administration outsourced this function and why it did not retain records of Haines
Norton‟s calculations. A thorough explanation and understanding of these calculations for all of
senior management will be incorporated into the 2006-2007 Budget Process.

Purchasing
Delegated Authority Limits: This recommendation is strongly supported and has been
forwarded to Mr Gary Martin who has been retained to complete a review of Delegations for the
Shire. It is expected that the recommendation will be included as part of that review and will be
presented to the June Ordinary Meeting of Council.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                        59


Open Purchase Orders: A full review of open purchase orders has already been conducted,
and the Finance staff have worked through a considerable backlog. This will be repeated on a
monthly basis.

Job Costing
The recommendation is supported.

Financial Reports
2004/2005 Annual Report: Information on this issue has been presented to Council previously.
Councillors will recall that a new policy has been implemented to ensure that the Annual Report
is provided within the statutory timeframe and that it meets all prescribed content requirements.

Monthly Financial Reports and Annual Financial Report: Information on these issues has been
presented to Council previously and the issues associated with the lack of reporting for 2005
are well documented. The Shire has made several recruitments to assist with this process.

Budgets
The recommendation is supported.

Plan for the Future
The comments regarding the Principal Activities Plan (PAP) are noted. Councillors will be
aware that the PAP has now been replaced with the Plan for the Future, which has vastly
different requirements. A register of all local public notices has been created and is already in
operation. This register will capture all public advertisement, including that for the new Plan.

Registers
Information on this issue has been presented to Council previously. Councillors will recall that
new policies have been implemented to review all registers. Mr Gary Martin has been retained
to review the Delegations Register prior to 30 June. It is expected that this will be presented to
the June Ordinary Meeting of Council.

Private Works
The recommendation is supported. The Shire does not carry out many private work jobs but
there is a need to tighten control.

General Ledger Chart of Accounts
These recommendations have been forwarded to Mr Bill Bond who has been retained to draw
up a revised Chart of Accounts for 2006-2007.

General Compliance Issues
The timely completion of FBT Returns has been hindered by the high staff turnover in the
Finance area. Haines Norton are currently assisting with the completion of the current return
and it is expected to be submitted well within the required timeframe.

Computer Controls
The development of both of these procedures has commenced and will be the subject of a
future report to Council.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                     60


Information Technology Systems
Council will recall that a broad scale review of the Shire‟s information technology systems has
already taken place. Discussions are continuing with several service providers and with
adjoining local governments to determine a future strategy. The results of this will be the
subject of a future report to Council.

Overall, it is pleasing to note that there are many areas in which compliance had been achieved
and where systems and processes were working effectively. This is largely due to the efforts of
the staff involved. There are many areas where staff are inhibited by the current systems, the
most obvious example being payroll, but through consistent good work, positive results are
being achieved.

Consultation
Not Required.

Statutory Environment
Local Government (Financial Management) Regulations 1996

Policy Implications
There are no specific policy implications related to this issue.

Financial Implications
An increased level of financial management will have a positive effect on the financial position
of the Shire and will guard against any risks associated with mismanagement.

Strategic Implications
Strategic Plan 2004-2009, Result Area Best Practice Local Government, “Develop sound
financial management and reporting systems” and Result Area – “Better Practice Local
Government”, by reviewing and analysing all Council services and functions for relevance,
statutory compliance and reporting mechanisms.

Voting Requirement
Simple Majority Required
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                              61


Recommendation

That Council:

1.   Receives the Financial Management Review as per Regulation 5(2)(c) of the Local
     Government (Financial Management) Regulations 1996;

2.   Directs the Chief Executive Officer to take action on the recommendations
     contained in the report; and

3.   Requests a report on progress towards these recommendations in three months
     time.



Author:     Linda Sperring                  Signature:

Manager:    Keith Pearson                   Signature:
                                     Agenda – Ordinary Meeting of Council
                                                16 May 2006                                                     62




     12.05.035             CORPORATE SERVICES STATUS REPORT
                  Agenda
       Council                       Report Title                                  Council Resolution                            Current Status
#
       Meeting      Ref.
1.     04/06     12.03.016   Meeting Schedule: 2006-     1. That Council adopts the meeting schedule as follows:         Advertising has been arranged.
                             2007
                                                               DATE                     LOCATION                TIME     EAC        to            prebook
                                                                                        Meeting Room,
                                                                                                                         accommodation.
                                                               Tuesday, 20 June
                                                                                        Community Recreation    9.00am
                                                               2006
                                                                                        Centre, Tom Price
                                                                                        Shire Council
                                                               Tuesday, 18 July
                                                                                        Chambers, Second        9.00am
                                                               2006
                                                                                        Avenue, Onslow
                                                               Tuesday, 15 August       Neighbourhood Centre,
                                                                                                                9.00am
                                                               2006                     Pannawonica
                                                                                        Shire Council
                                                               Tuesday, 19
                                                                                        Chambers, Second        9.00am
                                                               September 2006
                                                                                        Avenue, Onslow
                                                                                        Ashburton Hall,
                                                               Tuesday, 24 October
                                                                                        Ashburton Avenue,       9.00am
                                                               2006
                                                                                        Paraburdoo
                                                                                        Meeting Room,
                                                               Friday, 8 December
                                                                                        Community Recreation    9.00am
                                                               2006
                                                                                        Centre, Tom Price
                                                                                        Ashburton Hall,
                                                               Tuesday, 15 February
                                                                                        Ashburton Avenue,       9.00am
                                                               2007
                                                                                        Paraburdoo
                                                                                        Meeting Room,
                                                               Tuesday, 20 March
                                                                                        Community Recreation    9.00am
                                                               2007
                                                                                        Centre, Tom Price
                                                                                        Shire Council
                                                               Tuesday, 24 April
                                                                                        Chambers, Second        9.00am
                                                               2007
                                                                                        Avenue, Onslow
                                                                                        Ashburton Hall,
                                                               Tuesday, 22 May
                                                                                        Ashburton Avenue,       9.00am
                                                               2007
                                                                                        Paraburdoo

                                                         2. That Council advertises the adopted meeting dates in
                                                            accordance with Regulation 12 of the Local Government
                                                            (Administration) Regulations 1996.

2.     04/06     12.03.018   Code of Conduct Review      That the revised Code of Conduct as attached (Appendix          Code of Conduct forwarded to
                                                         12.02.018) be adopted.                                          all Councillors and Staff.
                                   Agenda – Ordinary Meeting of Council
                                              16 May 2006                                                     63


                Agenda
     Council                       Report Title                                  Council Resolution                                    Current Status
#
     Meeting      Ref.
3.   04/06     12.03.019   Chief Executive Officer Leave   That Council:                                                       Finalised.
                           Arrangements
                                                           1. Note and endorse the Chief Executive Officer‟s leave from
                                                              22 May 2006 to 2 June 2006 (inclusive); and

                                                           2. Appoints Mr Gary Martin as Acting Chief Executive Officer
                                                               for the period 22 May 2006 to 2 June 2006 (inclusive).
4.   04/06     12.03.020   Proposed Transfer of Port        That Council advise the Pilbara Regional Council that it does      PRC     advised    of    Council
                           Hedland Cattleyards to           not support the Regional Council accepting the responsibility      decision.
                           Pilbara Regional Council         of operating the Port Hedland Cattle Yards, which are located
                                                            on Reserve 33593, Port Hedland.
5.   04/06     12.03.023   Budget Review                    1. That Council adopts the Budget Review and directs the           Ongoing.
                                                               Chief Executive Officer to take action on this issues that it   Status report to be prepared
                                                               raises;                                                         with update on Budget process
                                                                                                                               for June meeting.
                                                           2. That all public works overheads expenditure be allocated
                                                              to all work undertaken by the Shire including work
                                                              performed by contractors; and

                                                           3. That the Council endorses the continuation of close
                                                              budgetary monitoring and tighter controls over Council‟s
                                                              finances with regular reports to Council on this process.
6.   03/06     12.02.008   Review of Wards &               That Council endorses the attached “Review of Wards and             The Statutory advertising period
                           Representation                  Representation Discussion Paper” and proceeds to advertise          has commenced. (Close on 12
                                                           the Review.                                                         May)
7.   03/06     12.02.009   Audit & Management Reports      That Council:                                                       Ongoing.
                                                           1.    Notes the Audit and Management Reports for the period
                                                                 of 2004 / 2005; and
                                                           2.    Direct that the CEO take action to address each of the
                                                                 items raised in the Reports.
8.   03/06     12.02.010   Annual Report & Annual          1.    That Council accepts the Annual Report for 2004/2005          Finalised.
                           General Meeting of Electors           as attached.                                                  AGM and Paraburdoo Meetings
                                                           2.    That Council hold an Annual General Meeting of                held. Minutes presented to May
                                                                 Electors at 7.00pm on Monday 3 April 2006 at the Tom          meeting.
                                                                 Price Council Chambers.
                                                           3.    That Council hold an elector information meeting in
                                    Agenda – Ordinary Meeting of Council
                                               16 May 2006                                                    64


                 Agenda
      Council                       Report Title                                Council Resolution                                     Current Status
 #
      Meeting      Ref.
                                                                 Onslow at 7.00pm on Thursday 6 April at the Onslow
                                                                 Council Chambers and in Paraburdoo at 7:00pm on
                                                                 Tuesday 11 April 2006.
9.    03/06     12.02.014   Occupational Safety & Health   1       That Council appoint Cr Laddie and Cr Eyre to the           (Ongoing).     Meeting    being
                            Policy & Committee                     Occupational Safety and Health Committee.                   planned.
                                                           2.      That Council endorse the following staff appointments
                                                                   to the Occupational Safety and Health Committee:
                                                                  OSH Coordinator: Cathi Bock
                                                                  Assistant OSH Coordinator: Regan Erickson
                                                                  Chief Executive Officer: Keith Pearson
                                                                  Tom Price Committee Member: Megan Nash
                                                                  Paraburdoo Committee Member: Sharon Knapp
                                                                  Onslow Committee Member: Peter Kalalo
                                                           3.      That Council adopts the Occupational Health and
                                                                   Safety Policy as attached at Appendix 12.02.014

10.   03/06     16.02.006   Joseff Wiatr V CSR Limited &   It is recommended that:                                             Matters are ongoing.
                            Dianne Barbara Pilmott V       1.      The Chief Executive Officer be delegated the authority
                            CSR & ORS                              to provide instruction to CCW in the matter of Josef
                                                                   Wiatr v CSR Limited & Ors - Supreme Court CIV 2159
                                                                   of 2005.
                                                           2.      That Council endorses the actions to date of the Chief
                                                                   Executive Officer in the matter of Josef Wiatr v CSR
                                                                   Limited & Ors - Supreme Court CIV 2159 of 2005.
                                                           3.      The Chief Executive Officer be delegated the authority to
                                                                   provide instruction to CCW in the matter of Dianne
                                                                   Barbara Pimlott v CSR Limited & Midalco Pty Ltd WA
                                                                   Supreme Court action CIV 1025 of 2006.
                                                           4.      The Chief Executive Officer is directed to negotiate with
                                                                   the State Government regarding current and ongoing
                                                                   liabilities relating to damages claims for exposure to
                                                                   asbestos dust and fibres.
11.   03/06     16.02.008   Appointment of Executive       That Council in accordance with section 5.37(2) of the Local        (Ongoing)
                            Manager Corporate Services     Government Act 1995, accept the Chief Executive Officer‟s           Contract negotiations    to   be
                                                           recommendation to employ Ms Linda Sperring as Executive             completed.
                                                           Manager Corporate Services generally in accordance with the
                                      Agenda – Ordinary Meeting of Council
                                                 16 May 2006                                                     65


                 Agenda
      Council                        Report Title                                  Council Resolution                                    Current Status
 #
      Meeting      Ref.
                                                              terms and conditions applying to other Executive Manager
                                                              positions with the Shire of Ashburton.
12.   01/06     12.01.004    Financial Management,            That the Council:                                                   (Ongoing)
                             Budget Review & Debt             1. Note this report and the requirement to review the current       Budget Review presented to
                             Recovery                             budget.                                                         Council at April meeting.
                                                              2. Direct that the CEO take action to recover all outstanding
                                                                  debts based upon a written request for payment within 21        Development of Debt Collection
                                                                  days or that legal debt collection action may be                Policy is ongoing.
                                                                  commenced without further notice unless other payment
                                                                  options are agreed.
                                                              3. Develop a debt collection policy as a matter of urgency.
13.   01/06     16.01.002    Request for Rates Write-off      That Council advise the Department of Industry and                  DOIR advised of Council
                                                              Resources (DOIR) that:                                              decision.
                                                              1. While it is generally supportive of the sale of the property,    Their     response will be
                                                                   the waiving of rates on vacant land is not supported at this   forwarded to Council when
                                                                   stage; and                                                     received.
                                                              2. Further discussion should take place between the Shire
                                                                   and DOIR with a view to developing a longer term
                                                                   strategy to deal with the issue.
14.   06/05     14.06.002    Differential Rating – Proposal   1. That further consideration be given to issues relating to    (Ongoing)
                             For 2005/2006 Rating Year              rating of Wittenoom during budget deliberations.          Refer Cr Thomas Notice of
                                                                                                                              Motion.
15.   06/05     12.06.1234   Crown Land Purchases             That Council:                                                   (Ongoing)
                             SE.R.24405; BD.R.34101;           1. Note the new purchase prices for the four Reserves; and     Briefing report being prepared
                             TP.R.38762 and SE.R.35889         2. Directs the CEO to ascertain the basis for the increased but not ready for presentation to
                                                                   valuations; and                                            Council.
                                                               3. The CEO to provide a detailed report on all the relevant
                                                                   issues and options for each of the four properties to the
                                                                   July meeting.
16.   06/05     12.06.1227   Staff Housing Upgrade            That a comprehensive review of the Staff Housing Plan and (Ongoing)
                                                              Tom Price office relocation be undertaken for Council‟s further Commenced. Some aspects of
                                                              consideration, to incorporate recommendations for dwelling Housing          Plan     will   be
                                                              refurbishment, replacement and acquisition and appropriate incorporated into AWA & Policy
                                                              funding strategies.                                             Review. Assessment of Tom
                                                                                                                              Price Office for Occupational
                                                                                                                              Health and Safety standards is
                                     Agenda – Ordinary Meeting of Council
                                                16 May 2006                                                66


                 Agenda
      Council                        Report Title                               Council Resolution                                  Current Status
 #
      Meeting      Ref.
                                                                                                                            arranged for March.
17.   06/05     12.05.1216   Appointment of Councillors     Refer to Council Decision in Minutes of Ordinary Meeting of     (Ongoing)
                             and Staff to Committees        Council, 17 May 2005.                                           A/EMCS and EAC reviewing
                                                                                                                            Committee      structures    and
                                                                                                                            guidelines.
18.   04/05     12.04.1212   Organisational     Structure   That Council:                                                   (Ongoing)
                             Review and       Governance    Request the Department of Local Government and Regional         DLGRD advised of Councils
                             Review                         Development to undertake a Governance Review of the Shire       decision. Awaiting confirmation
                                                            of Ashburton, ideally at a convenient time in June 2005, with   from DLGRD on details of visit.
                                                            the costs associated with the Review being met from Operating
                                                            Expenditure Account Members of Council – Administration.
19.   10/04     12.10.1180   Proposed Accounting            That Council:                                                   (Ongoing)
                             Solution                       Implement the Haines Norton accounting solution by the end      Currently being implemented.
                                                            of 2004, allowing the 2005/06 Budget to be prepared using the
                                                            Quickbooks Chart of Accounts.                                   Discussions held with Haines
                                                            Use savings from vacancies in Corporate Services to the         Norton     and   IT   review
                                                            amount of $38,000 to finance the implementation of the          completed.
                                                            Haines Norton Accounting Solution.
                                                                                                                            The IT review has presented to
                                                                                                                            the April meeting.
20.   12/03     15.12.95     Assessment of Plant Hire   For the remainder of the term of Tender 25/02, endorses the         (Ongoing)
                             Tender 25/02. Report by thecurrent custom and practice established by staff since the          Tender     procedures    being
                             Department     of     Localawarding of the Tender for the hire of plant and equipment          reviewed.
                             Government and Regional    from suppliers whose tenders have been accepted by Council,
                             Development                acknowledging that where a supplier cannot supply the
                             AS.TE 25/02                required plant or equipment in accordance with the Tender
                                                        terms and conditions, then Council officers are at liberty to
                             CEO                        secure the plant or equipment from any supplier in accordance
                                                        with normal purchasing procedures.
21.   07/03     15.07.91     Crown Land Purchases       That Council authorise the Chief Executive Officer to proceed       (Ongoing)
                             SE.R.24405,    BD.R.34101, immediately to purchase the four Crown Land Reserves being          Sale approved – State finalising
                             TP.R.38762 & SE.R.35889    24405, 34101, 38762 and 35889 at the price offered by the           details.
                                                        Department of Land Administration being a combined total of
                                                        $550,000.                                                           Referred to A/EMCS.

                                                                                                                            Department has provided
                       Agenda – Ordinary Meeting of Council
                                  16 May 2006                                      67


              Agenda
    Council            Report Title                           Council Resolution               Current Status
#
    Meeting    Ref.
                                                                                        advice of new unimproved
                                                                                        market valuations and purchase
                                                                                        prices.

                                                                                        Refer Agenda Item 12.06.1234.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                      68




13.05.0      DEVELOPMENT SERVICES REPORTS
13.05.024    LOCAL PLANNING POLICY – MINERAL EXPLORATION

FILE REFERENCE:                   PS.DV.20

AUTHOR’S NAME AND                 Barry Sponberg
POSITION:                         Executive Manager Development Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              21 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  13.02.008 Ordinary Council Meeting 16 March 2006
REFERENCE:


Summary
At its Ordinary Meeting of 16 March 2006 Council adopted a draft Local Planning Policy –
Mineral Exploration, and resolved that it be advertised under the provisions of Town Planning
Scheme No.7.

The advertising period has now been completed with no submissions being received. It is
recommended that Council formally adopt the Policy.


Background
At its Ordinary meeting of 16 March 2006 council adopted a draft Local Planning Policy –
Mineral Exploration. The draft Policy was advertised in the Local Government Notices section
of The West Australian newspaper on 29 March and 12 April 2006 as required by the planning
scheme. It was displayed on Council notice boards at Tom Price, Paraburdoo, Onslow and
Pannawonica. No submissions were received. A copy of the draft Policy is attached.

                                                                        [APPENDIX 13.05.024]

Comment
The advertising requirements of Town Planning Scheme No.7 have now been completed. As
no submissions were received it will be recommended that Council formally adopt the Policy
without modification. Public notices of such a course of action will be necessary. Due to the
localised nature of the Policy it is considered unnecessary that the Department for Planning and
Infrastructure be advised.

Consultation
The public consultation provisions of Town Planning Scheme No.7 have been observed.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                              69


Statutory Environment
Shire of Ashburton Town Planning Scheme No.7.
Town Planning and Development Act, 1928.

Policy Implications
There are no policy implications relative to this matter.

Financial Implications
There are no financial implications relative to this matter.

Strategic Implications
There are no strategic implications relative to this matter.

Voting Requirement
Simple Majority Required.

Recommendation

That:-

1.       Council adopt the draft Local Planning Policy – Mineral Exploration attached as
         Appendix 13.05.24 as a Local Planning Policy under the provisions of Town
         Planning Scheme No.7.

2.       Public notice be given of Council’s decision as required by Town Planning Scheme
         No.7.



Author:        Barry Sponberg                    Signature:

Manager:       Keith Pearson                     Signature:
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                     70




13.05.025     LOCAL PLANNING POLICY – TRANSPORTABLE DWELLINGS, NEW AND
              SECOND-HAND.

FILE REFERENCE:                     PS.DV.19

AUTHOR’S NAME AND                   Barry Sponberg
POSITION:                           Acting Executive Manger Development Services

NAME OF APPLICANT/                  Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:                21 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                    13.02.005 Ordinary Council Meeting 16 March 2006
REFERENCE:


Summary
At its Ordinary meeting of 16 March 2006 Council adopted a draft Local Planning Policy –
Transportable Dwellings, New and Second-Hand and resolved that it be advertised under the
provisions of Town Planning Scheme No.7.

The Advertising period has now been completed with no submissions being received. It is
recommended that council formally adopt the Policy.


Background
At its Ordinary meeting of 16 March 2006 Council adopted a draft Local Planning Policy –
Transportable Dwellings, New and Second-Hand. The draft Policy was advertised in the Local
Government Notices section of The West Australian newspaper on 29 March and 12 April 2006
as required by the planning scheme. It was displayed on Council notice boards at Tom Price,
Paraburdoo, Onslow and Pannawonica. No submissions were received.

A copy of the draft Policy is attached.

                                                                        [APPENDIX 13.05.025]

Comment
The advertising requirements of Town Planning Scheme No.7 have now been completed. As
no submissions were received it will be recommended that Council formally adopt the Policy
without modification. Public notices of such a course of action will be necessary. Due to the
localized nature of the Policy it is considered unnecessary that the Department for Planning and
Infrastructure be advised.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                               71


Consultation
The public consultation provisions of Town Planning Scheme No.7 have been observed.

Statutory Environment
Shire of Ashburton Town Planning Scheme No.7
Town Planning and Development Act, 1928

Policy Implications
There are no policy implications relative to this matter.

Financial Implications
There are no financial implications relative to this matter.

Strategic Implications
There are no strategic implications relative to this matter.

Voting Requirement
Simple Majority Required.

Recommendation

That:-

1.       Council adopts the draft Local Planning Policy – Transportable Dwellings, New and
         Second-Hand attached as Appendix 13.05.026 as a Local Planning Policy under the
         provisions of Town Planning Scheme No.7; and

2.       Public notice be given of Council’s decision as required by Town Planning Scheme
         No.7.



Author:        Barry Sponberg                    Signature:

Manager:       Keith Pearson                     Signature:
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                      72




13.05.026    PROPOSED HOME OCCUPATION, 388 BRUCE AVE PARABURDOO, CAR
             DETAILING.

FILE REFERENCE:                   PA.BU.388

AUTHOR’S NAME AND                 Barry Sponberg
POSITION:                         Executive Manager Development Services

NAME OF APPLICANT/                Robert Weatherhead
RESPONDENT:

DATE REPORT WRITTEN:              19 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
An application has been received seeking planning approval to conduct a home occupation
from 388 Bruce Avenue, Paraburdoo being for the detailing of cars. As a home occupation
does not cater for “maintenance of motor vehicles”, refusal is recommended.


Background
An application has been received seeking planning approval to conduct a home occupation
from the subject premises being for the detailing of motor cars. The applicant has supplied the
following relevant information:-

     There will be no employees.
     The operation will only be conducted every second, six (6) days.
     The cars will be washed and vacuumed. Pressure washing may be introduced if
      numbers warrant.
     Work will be by appointment only with clients delivering the cars to the site and picking
      them up at an agreed to time.
     The use will be conducted in the rear yard in front of an existing shed.

Pro-formas of non objection have been received from the adjoining occupiers except from the
one at the rear as the premises are vacant.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                         73


Comment
A home occupation is permissible within the residential zoning of the site provided the intended
operation will comply with the definition of such a land use. Prerequisite (f) of the definition is:-


   “(f)     in relation to vehicles and parking, will not result in the requirement for a greater
           number of parking facilities than normally required for a single dwelling or an
           increase in traffic volumes in the neighbourhood, does not involve the presence, use
           or calling of a vehicle more than 2 tonnes tare weight, and does not involve provision
           for the fuelling, repair or maintenance of motor vehicles;”

The proposed use will generate more traffic than would be normally associated with a single
dwelling and would also have to be classified as the maintenance of motor vehicles. With these
being the cases it fails the requirements of a home occupation.

It is considered that the proposal could be classified as an industry as defined in the scheme
being for “the ornamentation or cleaning of any article or part of an article”, and thus is not
permissible within a residential zone.

As the proposal does not satisfy the requirements of a home occupation and more accurately
can be classified as an industrial use, it is considered that Council does not have the power to
offer approval.

In conclusion it is noted that the proposed business activity does not require Shire approval if it
is operated as a “mobile business” with the services being offered to customers at their own
home.

Consultation
Pro-formas of non objection have been submitted from adjoining occupiers except from the
premises at the rear which are vacant.

Statutory Environment
Town Planning Scheme No.7
Town Planning and Development Act, 1928

Policy Implications
Council Policy PS.DV.2, Home Occupations/Home Businesses is relevant to this matter.

Financial Implications
There are no financial implications relative to this matter.

Strategic Implications
There are no strategic implications relative to this matter.

Voting Requirement
Simple Majority Required.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                 74


Recommendation

That:-

1.       (a)    As the proposal constitutes the maintenance of motor vehicles it does not
         qualify as a home occupation and as it is considered to be of an industrial nature
         is not permissible within the residential zone of the site.

         (b)  Due to the above and the circumstances of the case any approval offered
         would not be in the public interest;


2.       The applicant be advised of the right of appeal pursuant to Part V of the Town
         Planning and Development Act, 1988 (as amended); and

3.       The applicant be advised that the proposed activity does not require Shire
         approval if the business operates as a “mobile business”.



Author:        Barry Sponberg                  Signature:

Manager:       Keith Pearson                   Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                       75




13.05.028     PROPOSED MOTEL, VACANT LAND (LOT 309) CORNER OF SECOND
              AVENUE AND SIMPSON STREET ONSLOW

FILE REFERENCE:                   ON.SE.309

AUTHOR’S NAME AND                 Barry Sponberg
POSITION:                         A/Executive Manager Development Services

NAME OF APPLICANT/                P.D. and S.M. Harris
RESPONDENT:

DATE REPORT WRITTEN:              26 April 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                  Not Applicable
REFERENCE:


Summary
P.D. and S.M. Harris have submitted an application seeking planning approval to erect a two (2)
storey motel containing eight units on the vacant lot 309 on the corner of Second Avenue and
Simpson Street Onslow. Conditional approval is recommended.


Background
P.D. and S.M. Harris have submitted an application seeking planning approval to erect a two (2)
storey motel on the vacant lot 309 on the corner of Second Avenue and Simpson Street
Onslow.
Details:

i)     Zoning of site:     Commercial and Civic
ii)    Site Area:          989M2
iii)   Setbacks:           Second Ave - 13m
                           Simpson St - 1.5m. min.
                           Rear Lane - 1.5m
                           N.W. - 1.5m. min

                                                             Refer to [APPENDIX 13.05.028A]
iv)    Gross floor area:   428m2
v)     Plot Ratio:         0.43:1
vi)    Site coverage:      324m2
vii)   Elevations:         Two storey buildings to be constructed externally of corrugated
                           colourbond steel. The wall sheeting will be laid horizontally with the
                           roof having an 18o pitch. Sufficient openings of various sizes will
                           preclude any blandness.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                       76




                               Refer To [APPENDIX 13.05.028B] and [APPENDIX 13.05.028C]

vii)   Density:            The front building will contain 6 units while the one at the rear
                           will contain another 2 units (1 for handicapped), a laundry and
                           office/reception area at ground floor level with a manager‟s dwelling
                           over. A swimming pool/pergola recreation area will be located mid-
                           site between the 2 buildings.

ix)    Car Parking:        Spaces required:
                         1/unit                   8
                         1/5 vis./staff           2
                         1/dwelling               1
                         TOTAL                    11

                           Spaces provided: 11

x)     Building Ground     All built upon areas will have a minimum ground level
       Levels:             of 5.0AHD with minimum floor levels of 5.1AHD. The front and
                           central car parking areas will be constructed at existing ground level.

xi)    Landscaping:        None has been indicated.


Comment
i)  Zoning of Site:
    With Council approval a motel is a permissible use in the current zoning of the site.

ii)    Site Area:
       There is no minimum site area requirement for a Motel under Town Planning Scheme
       No.7.

iii)   Setbacks:
       Considering the proposal is for a commercial development in a commercial zone
       predominantly containing residential development, the setbacks are reasonable and
       satisfy BCA requirements in relation to heights of buildings. The setback to Second
       Avenue will ensure adequate sight distance is maintained across the intersection.

iv)    Gross Floor Area/Plot Ratio/Site Coverage:
       Town Planning Scheme No.7 does not contain maximum limitations in these areas.
       Clause 6.10 of the Scheme indicates that development in the subject zone should be in
       keeping with a specific strategic or policy statement, however, in the absence of such
       documents Council shall take into account matters it considers relevant to the proposal
       including floor space limitations, setbacks from boundaries and height of structures.
       Experience dictates that a plot ratio of less that 0.5:1 with a low site coverage of 33%
       within a commercial zone is very liberal with what is offered not constituting an
       overdevelopment of the site.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                         77




v)      Elevations:
        The elevations appear reasonable. The corrugated colourbond sheeting to be used is
        becoming increasingly popular for use is developments throughout the Pilbara and with
        the complementary use of colours satisfactory results can be achieved (eg. Onslow
        Primary School, P.I‟s residential development, North Road, Tom Price).

vi)     Density:
        As related to the plot ratio and site coverage the density of the development is very
        reasonable considering the Commercial zoning of the site.

vii)    Car Parking:
        The number of spaces numerically satisfies the provisions of the planning scheme. The
        driveway serving the area off Second Avenue is sufficiently removed from Simpson
        Street. The 2 spaces off Simpson Street adjacent to the lane will necessitate reversing
        into or out of, however, considering the holding area provided by the 5.5m. wide verge
        will prove satisfactory. The 2 spaces off the lane provide a tandem situation but
        organised house keeping will ensure maximum potential utilization.

viii)   Building Ground Levels:
        The site is located in the frontal dune system of the Onslow Coastal Hazard Area. This
        requires construction areas to be built up to 5m. AHD in accordance with clause 7.3 of
        the planning scheme. The proposed development provides for all structures to be built at
        this level. The front retaining wall adjacent to the car park will be approximately a metre
        high tapering to about 150mm at the rear. The car parking will be provided at the
        existing ground level. This is permitted under clause 7.3.8 of the planning scheme as
        these areas will be non-habitable.

ix)     Landscaping:
        None has been indicated, however, opportunities are available for its provision within the
        front car park and adjacent to units 7 & 8 and the office. Also it will be requested that the
        parking areas be suitably brick paved.

x)      Overall:
        With the present commercial boom being experienced by Onslow any planned addition to
        the accommodate stock should be encouraged. The private sector‟s and tourist‟s needs
        require satisfying and it is important that these demands continue to be met. The tourism
        market in Onslow caters mainly for self drive tourists and thus the proposed development
        appears to be very appropriate. A conditional approval will be recommended.

Consultation
Extensive pre planning discussions have been conducted between Shire staff and the
applicants.

Statutory Environment
Town Planning Scheme No.7
Town Planning and Development Act, 1928
Building Code of Australia
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                     78


Policy Implications
There are no policy implications relative to this matter.

Financial Implications
The proposal will generate addition rate income for Council.
Strategic Implications
Strategic Plan 2004-2009.
Action Plan: Economic Growth and Diversity
 Support and facilitate the promotion of the tourism industry and tourism development with
   the intention of broadening the economic base of the Shire.

Voting Requirement
Simple Majority Required.

Recommendation

That:-

1.       The application seeking planning approval to construct a motel at lot 309 on the
         corner of Second Avenue and Simpson Street, Onslow consisting of 8 units,
         manager’s residence and associated amenities be approved in accordance with
         the submitted plans and subject to the following conditions:-

         i)     The development shall comply with the Shire of Ashburton’s Town Planning
                Scheme No.7, the Heath Act, the Building Code of Australia, the Western
                Australia Fire Board Regulations and relevant Local Laws. It should be
                noted that this is a planning approval only and that separate Building and
                Health approvals will be required. A complete buildings materials schedule
                is to be submitted with the building application.
         ii)    The erection of any advertising signs is to be subject to the submission of a
                specific application in accordance with the requirements of Town Planning
                Scheme No.7 and Council Local Planning Policy PLA09 – Advertising Signs.
         iii)   The car parking areas are to be brick paved and drained to the satisfaction
                of Council. The type if paving and colour thereof and the drainage details
                are to be fully detailed on the building plans.
         iv)    All access to the site is to be provided to the satisfaction of the Council, this
                will include constructed footpath crossings. This aspect is to be discussed
                with the Executive Manager Engineering Services and is to be completed
                prior to any occupation of the buildings.
         v)     All loading/unloading of vehicles is to be conducted within the site at all
                times.
         vi)    No outside storage of goods.
         vii)   All storm water generated on site shall be disposed of wither into the
                Council’s drainage system or retained on site to the satisfaction of the
                Council. Detailed storm water plans are to be submitted with the building
                application.
                              Agenda – Ordinary Meeting of Council
                                         16 May 2006                                     79


     viii)   The finished lower floor levels of the proposed buildings must be a
             minimum of 5.1 metres above AHD. Evidence to this requirement from a
             practising registered surveyor must be submitted with the building
             application.
     ix)     The fill to be placed on the site is to be subject to a specific plan indicating
             the nature of materials to be used and the compaction methods and
             standards to be employed.
     x)      A letter is to be submitted by the owner with the building application
             indicating that he/she undertakes to absolve the State and the Shire of
             Ashburton from liability and hence financial relief in the event of damage
             caused by natural events.
     xi)     Submission of a specific landscaping plan with the building application
             indicating appropriate site treatment to as much of the unbuilt areas as
             practicable. Water wise guidelines are to be taken into consideration.
     xii)    This approval is given on the understanding that the development will be for
             a motel in the accepted sense, i.e. accommodation for transient car
             travellers and not for permanent residents.
     xiii)   The swimming pool and surrounds are to be constructed in accordance with
             all relevant safety legislation and full details of compliance are to be
             indicated on the building plans.
     xiv)    This approval is limited to a period of 2 years unless the development has
             been substantially commenced.

2.   The applicant be advised of the right of appeal pursuant to Part 5 of the Town
     Planning and Development Act, 1928 (as amended) against any or all of the above
     conditions.



Author:      Barry Sponberg                  Signature:

Manager:     Keith Pearson                   Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                                  80



13.05.029     DEVELOPMENT SERVICES RESOLUTION STATUS REPORT

               Agenda
    Council                       Report Title
#                                                                            Council Resolution                                   Current Status
    Meeting      Ref.
1. 04/06      13.03.015   Amendment to Health Local     That:-                                                             Ongoing.
                          Law – Prescribed Refuse       1.   Council resolved to amend the Health Local Laws by            Statutory          procedures
                          Collection Areas                   adding the following to Schedule 15:-                         commenced.
                                                              Any other defined areas of the district that have been
                                                                  approved and developed in accordance with the
                                                                  provisions of a State Agreement or an approval
                                                                  offered by the Shire of Ashburton under the Town
                                                                  Planning & Development Act 1928 (as amended).
                                                        2.   The necessary statutory procedures be instigated and
                                                             the matter be referred back to Council for further
                                                             consideration at the appropriate time.
                                                        3.   It be noted that the wording of the proposed amendment
                                                             as adopted by Council under item 7.09.539, Ordinary
                                                             Meeting of Council 19 September 2000, has been
                                                             altered.
2. 04/06      13.03.017   Proposed Home Occupation,     1.     That under the provisions of clause 5.4 of Town             Finalised.
                          Sale of Baby Ware, Lot 1054          Planning Scheme No.7 the application be approved            Development Approval issued.
                          Ceron Street Tom Price               subject to the following conditions:-
                                                               a) Any building work is to be subject to the submission
                                                                   of a building application to be approved by Council
                                                               b) Compliance with all the requirements of Council‟s
                                                                   Principal Environmental Health Officer.
                                                               c) Compliance with all the requirements of a home
                                                                   occupation as defined in the Town Planning
                                                                   Scheme No.7 and in particular no retail sale, display
                                                                   or hire of goods.
                                                               d) All vehicles associated with the use are to be
                                                                   parked on the site at all times.
                                                               e) All loading/unloading of goods to be conducted
                                                                   within the site at all times.
                                                               f) No outside storage of goods.
                                                               g) This approval is not transferable.
                                                               h) This approval is limited to a period of 6 months.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                                  81


               Agenda
    Council                       Report Title
#                                                                             Council Resolution                                     Current Status
    Meeting      Ref.
                                                                     After such time the onus will be on the applicant to
                                                                     seek any desired extension.
                                                                 i) Written acceptance of the above conditions prior to
                                                                     this approval becoming effective.
                                                        2.      That the applicant be advised of the right to appeal
                                                                pursuant to Part 5 of the Town Planning and
                                                                Development Act 1928 (as amended) against any or all
                                                                of the above Conditions.
3. 04/06      13.03.018   Proposed New Road Name         That a decision on the Road name be delayed until the May          Ongoing.
                          off Central Road, Tom Price    meeting to allow for a community competition to select the         Public „Naming‟ Competition in
                                                         name.                                                              progress.
4. 04/06      13.03.019   Townsite Development           That Council resolve to prepare an Expression of Interest in       Ongoing.
                          Project – Tom Price            Townsite Development Projects (for Tom Price) and the              Document     in   state     of
                                                         document be referred back to Council for endorsement prior to      preparation.
                                                         it being submitted to Landcorp for consideration.
5. 04/06      13.03.020   New Position – Assistant       That:-                                                             Ongoing.
                          Aboriginal Environmental       1.     Council endorse the redirecting of funds allocated to the   Position being filled.
                          Health Worker                         Position of Environmental Health Officer – Aboriginal
                                                                Communities (JA48) to finance the new Position of
                                                                Assistant Aboriginal Environmental Health Worker and
                                                                the necessary administration procedures be taken to fill
                                                                the Position.
                                                         2.     The Office of Aboriginal Health, Department of Health be
                                                                advised accordingly.
6. 04/06      13.03.022   Operational Response           That:                                                              Finalised.
                          Agreement – FESA               1. Council become a signatory to the Operational Response          Signed Agreement forwarded to
                                                              Agreement with FESA; and                                      FESA.
                                                         2. Council‟s nominated Officers with the power to request
                                                              FESA to take control of a fire be the Chief Executive
                                                              Officer, Chief Bush Fire Control Officer or Deputy Chief
                                                              Fire Control Officer.
7. 03/06      13.02.004   Proposed Windscreen Repair     That:-                                                             Finalised.
                          Business, Lot 514 Ashburton    1. Council refuse the development application by Mr G Alchin,      Letter sent
                          Ave Paraburdoo                     trading as Cracker Jacz to operate a home occupation
                                                             (vehicle windscreen repair business) from Lot 514
                                                             Ashburton Ave, Paraburdoo, on the following grounds:-
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                                     82


               Agenda
    Council                       Report Title
#                                                                              Council Resolution                                      Current Status
    Meeting      Ref.
                                                            i)     It is considered that the proposal can be classified as
                                                                   motor vehicle repair as defined in Town Planning
                                                                   Scheme No.7 and thus is not permissible within the
                                                                   residential zoning of the site; and
                                                            ii) Due to the above and the circumstances of the case
                                                                   any approval offered would not be in the public
                                                                   interest.
                                                         2. The applicant be advised of the right of appeal pursuant to
                                                            Part V of the Town Planning and Development Act 1928
                                                            (as amended).
8. 03/06      13.02.005   Transportable Dwellings, New   That:                                                                 Finalised.
                          & Second Hand                   1. Under the provisions of CI.2.3 of TPS No. 7 Council               See Agenda Item.
                                                               adopt the draft Local Planning Policy attached as
                                                               Appendix 13.02.005 and it be advertised accordingly.
                                                          2. Upon completion of the advertising period the matter be
                                                               referred back to Council for further consideration.
9. 03/06      13.02.006   General Building               That:-                                                                Finalised.
                          Maintenance Business &         1.    The development application lodged by Mr Boyd to                Approval issued.
                          Shed – Lot 35 Boonderoo Rd           construct and use a building on Lot 35 Boonderoo Road,
                          Tom Price                            Tom Price for the purpose of a general building
                                                               maintenance business in accordance with the endorsed
                                                               plans be approved subject to the following conditions:-
                                                               i) The development shall comply with the Shire of
                                                                      Ashburton‟s Town Planning Scheme No.7, the
                                                                      Health Act, the Building code of Australia, the
                                                                      Western Australia Fire Board Regulations and
                                                                      relevant Local Laws. It should be noted that this is a
                                                                      planning approval only and that separate Building
                                                                      and Health approval (is) / (may be) required.
                                                               ii) The shed is to have a minimum setback to the
                                                                      southern boundary of 3.0m.
                                                               iii) The development shall comply with all the
                                                                      requirements of Council‟s Principal Environmental
                                                                      Health Officer.
                                                               iv) The erection of any advertising signs is to be subject
                                                                      to the submission of a specific application in
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                                     83


               Agenda
    Council                       Report Title
#                                                                              Council Resolution                                     Current Status
    Meeting      Ref.
                                                                    accordance with the requirements of Town Planning
                                                                    Scheme No.7 and Local Planning Policy PLA09 –
                                                                    Advertising Signs.
                                                              v) The grassed area in front of the existing building is to
                                                                    be regularly mowed and edgings trimmed to the
                                                                    satisfaction of the Shire of Ashburton. At least 3
                                                                    additional native trees are to be planted in this area.
                                                                    This aspect is to be completed within 28 days of the
                                                                    completion of the shed and maintained thereafter to
                                                                    Council‟s satisfaction.
                                                              vi) Five on site car parking spaces shall be provided
                                                                    onsite, 1 at the rear to serve the caretaker‟s dwelling
                                                                    and 4 at right angles across the front of the new
                                                                    shed. The car parking and manoeuvring areas are to
                                                                    be surfaced to an all weather standard and
                                                                    maintained thereafter to Council‟s satisfaction.
                                                              vii) All vehicles associated with the use are to be parked
                                                                    within the site at all times.
                                                              viii) All loading / unloading of vehicles is to be conducted
                                                                    within the site at all times.
                                                              ix) No goods shall be stored outside the premises.
                                                              x) The premises shall be kept in a neat and tidy
                                                                    condition at all times to the satisfaction of the
                                                                    Council.
                                                              xi) The site is to be drained to the satisfaction of
                                                                    Council.
                                                              xii) The existing buildings on the site are to be upgraded
                                                                    to an acceptable visual standard to the satisfaction of
                                                                    Council. This aspect is to be completed prior to
                                                                    occupation of the additional shed.
                                                         2.   The applicant be advised of the right of appeal pursuant
                                                              to Part 5 of the Town Planning and Development Act,
                                                              1928 (as amended) against any or all of the above
                                                              conditions.
10. 03/06     13.02.007   Proposed Building Extensions   That:-                                                               Finalised.
                          Lot 1 Cnr Central & Stadium    1.   The application made by Penhall Investments Pty Ltd to          Approval issued.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                                  84


               Agenda
    Council                       Report Title
#                                                                            Council Resolution                                      Current Status
    Meeting      Ref.
                          Rds                               construct and use retail / office extensions to the existing
                                                            building at Lot 1 Stadium Road, Tom Price, in
                                                            accordance with the endorsed plans be approved subject
                                                            to the following conditions:-
                                                            i) The development shall comply with the Shire of
                                                                  Ashburton‟s Town Planning Scheme No.7, the
                                                                  Health Act, the Building Code of Australia, the
                                                                  Western Australia Fire Board Regulations and
                                                                  relevant Local Laws. It should be noted that this is a
                                                                  planning approval only and that separate Building
                                                                  and Health approval (is) / (may be) required.
                                                            ii) Compliance with all the requirements of Council‟s
                                                                  Principal Environmental Health Officer.
                                                            iii) The erection of any advertising signs is to be subject
                                                                  to the submission of a specific application in
                                                                  accordance with the requirements of Town Planning
                                                                  Scheme No.7 and Local Planning Policy PLA09 –
                                                                  Advertising Signs.
                                                            iv) All vehicles associated with the use are to be parked
                                                                  within the site at all times.
                                                            v) All loading / unloading of vehicles is to be conducted
                                                                  within the site at all times.
                                                            vi) No outside storage of goods.
                                                            vii) The external walls of the extended area are to be
                                                                  painted to complement the appearance of the
                                                                  existing buildings, to the satisfaction of the Shire of
                                                                  Ashburton.
                                                            viii) The 1.4m wide water and sewerage easement
                                                                  across the rear of the site is not to be encroached
                                                                  upon or disturbed during construction.
                                                            ix) The site shall be maintained in a neat, tidy and safe
                                                                  condition to the satisfaction of the Shire at all times.
                                                       2.   The applicant be advised of the right of appeal pursuant
                                                            to Part 5 of the Town Planning and Development Act
                                                            1928, against any or all of the above conditions.
11. 03/06     13.02.008   Draft Planning Policy –      That:-                                                                Finalised.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                                 85


               Agenda
    Council                       Report Title
#                                                                             Council Resolution                                   Current Status
    Meeting      Ref.
                          Mineral Exploration            1.   Under the provisions of Clause 2.3 of Town Planning          Refer Agenda Item 13.05.024.
                                                              Scheme No.7, Council adopt and advertise the draft
                                                              Local Planning Policy attached as Appendix 13.02.008.
                                                         2.   Upon completion of the advertising period the matter be
                                                              referred back to Council for further consideration.
12. 03/06     13.02.009   Local Planning Policy –        That:-                                                            Finalised.
                          Alfresco Dining                1.   Council adopt Local Planning Policy, Alfresco Dining         Public Notice given 29 March
                                                              attached as Appendix 13.02.009.                              2006.
                                                         2.   Public notice be given of Council‟s decision as required
                                                              by Town Planning Scheme No.7.
13. 03/06     13.02.010   Pilbara Iron Land Holdings –   That Council:-                                                    Ongoing.
                          Possible Transfer to Council   1.   Desists from pursuing the acquisition of the Tom Price       Letter sent to Pilbara Iron.
                                                              Mine Light Industrial Area.                                  Awaiting reply.
                                                         2.   dvise Pilbara Iron accordingly and it be requested to
                                                              provide formal notification of its commitment to offer
                                                              Council an option for the next 3 years to transfer Lot 2
                                                              Stadium Road (green area) freehold to the Council.
14. 12/04     13.01.315   Urban Land Release Within      That Council:                                                     (Ongoing)
                          Tom Price And Paraburdoo       1. Engage the services of professional engineer                   Engineering           Consultant
                                                             experienced in subdivision design to evaluate the             currently preparing feasibility
                                                             proposed industrial and residential subdivisions identified   study in relation to expanding
                                                             in the report. (Appendix 13.12.315a & Appendix                Boonderoo      Industrial Park.
                                                             13.12.315b)                                                   Heritage       issues     under
                                                                                                                           investigation.

                                                                                                                           Report to April meeting.
15. 04/04     14.04.02    New Public Conveniences That Council                                                             (Ongoing)
                          Doug Talbot Park Tom Price 1. Adopt Option B (Appendix 14.04.02.2) as the design for
                          MDS                           the new Tom Price public toilets.                                  Written request for financial
                                                     2. Call for tenders for the construction of the new toilet block,     support being submitted to
                                                        using as tender documents, documents prepared in                   Pilbara Iron.
                                                        accordance with                                                    Quotes obtained for total
                                                        a) Western Australia Local Government Association                  refurbishment   of   existing
                                                            purchasing a tender guide;                                     building.
                                                        b) Master Builders Association of WA standard
                                                            specification for brick construction.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                                  86


               Agenda
    Council                       Report Title
#                                                                           Council Resolution                                    Current Status
    Meeting      Ref.
16. 10/01     07/10.596   Fire Advisory Committee     That when the new Emergency & Safety Officer is appointed,           (Ongoing)
                          MES                         that officer prepare a report considering the installation of fire   Cost of signs to be funded by
                                                      warning/advisory signs the cost of instalment and any funding        FESA. Report to be submitted
                                                      sources that may be available, write to any pastoralists who         to Council for installation
                                                      may not be controlling fires and advise them of their                funding.
                                                      responsibilities.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                        87




14.05.0      WESTERN OPERATIONS REPORTS
14.05.006    RELOCATION OF RACE COURSE AND DEVELOPMENT OF MULTIPURPOSE
             SPORTING FACILITY TO THE ONSLOW TOWN COMMON (RESERVE 19291)

FILE REFERENCE:                    ON.R.19291

AUTHOR’S NAME AND                  Amanda O'Halloran
POSITION:                          Executive Manager Western Operations

NAME OF APPLICANT/                 Ashburton Race Club and Associated Clubs
RESPONDENT:

DATE REPORT WRITTEN:               3 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                   R.21235 Minutes of the Meeting of Council – 16 & 17
REFERENCE:                         August 1994


Summary
To relocate the Ashburton Race Club, Onslow Golf Club, Onslow Pistol and Rifle Club, Onslow
Motocross Club and the Proposed Onslow Model Aircraft Club to the Onslow Common.

It is recommended that Council approve in principle to the use of this site and that a proposal be
formulated outlining the implications of development at this site.


Background
The Ashburton Race Club and other associated clubs have been expressing an interest in the
development of facilities at the Onslow Common site since 1993. Council in 1994 agreed in
principle to the relocation of the site. (See attached Correspondence) Unfortunately the process
didn‟t proceed and, since then the course is no longer appropriate to hold race meetings on due
to environmental factors. The Onslow Common is the preferred site for the new race course and
joint facility.

Comment
The Ashburton race club has joined forces with the Onslow Golf Club, Onslow Pistol and Rifle
Club, Onslow Motocross Club and the Proposed Onslow Model Aircraft Club to progress the
relocation of these facilities to the Onslow Common.         The Onslow Common covers
approximately 4000 hectares and is vested in Council (Reserve 19291).

It is recognised that the relocation requires considerable resource and effort and prior to the
planning and pursuing of this matter the associated clubs request an in principle agreement
from Council to support the relocation.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                      88


It is envisaged that the relocation and development of this site would satisfy the sporting and
recreational requirements of Onslow residents for many years to come and the said
development may attract other activities that lend themselves to the proposed facilities.

                                                                        [APPENDIX 14.05.006]

Depending upon the precise boundaries of the development, a small portion of the site may
intrude into the Onslow Strategic Industrial zone, as defined in the Shire‟s Town Planning
Scheme. This would require an amendment to the Scheme, however it is anticipated that this
and any other minor modifications to the Scheme could be readily undertaken.

Consultation
Ashburton Race Club, Onslow Golf Club, Onslow Pistol and Rifle Club, Onslow Motocross Club
and the Proposed Onslow Model Aircraft Club.
Mr Pearce Herbert and Mr Bob Harris as representatives of the above clubs.

Statutory Environment
Land Administration Act
Local Government Act 1995
Planning and Development Act
Shire of Ashburton Town Planning Scheme No 7

Policy Implications
Onslow Structure Plan, 2003.

Financial Implications
There are no qualified financial implications at this stage, should council choose to proceed
budget implications may include –planning considerations and supporting contributions to the
development.

Strategic Implications
Strategic Plan 2004 – 2009; the proposal has the impact to support Council‟s strategic direction
in regards to – improved services and infrastructure and Quality Life Style and Wellbeing.

Voting Requirement
Simple Majority Required
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                            89


Recommendation

That Council

1. Agree in principle to the relocation of the Ashburton Race Club, Onslow Golf Club,
   Onslow Pistol and Rifle Club, Onslow Motocross Club and the Proposed Onslow
   Model Aircraft Club to a location within Shire Reserve 19291; and

2. That the Executive Manager Western Operations and the Executive Manager
   Community Services represent the Shire at discussions and during the formulation of
   a proposal that outlines the:

         Area of land required;
         Proposed route of main access to the site;
         Track and facilities layout;
         Estimated development time frame;
         Estimated budget; and
         Proposals for the use of existing track and facilities.



Author:       Amanda O'Halloran                 Signature:

Manager:      Keith Pearson                     Signature:
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                      90




14.05.007    YOUTH AND COMMUNITY DEVELOPMENT SERVICES IN ONSLOW

FILE REFERENCE:                   CP.SP.1

AUTHOR’S NAME AND                 Amanda O'Halloran
POSITION:                         Executive Manager Western Operations

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              3 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                   Not Applicable
REFERENCE:


Summary
To provide youth and community development services to the community of Onslow. The Shire
of Ashburton last employed community development staff dedicated to youth programs in 1999.
The key aim is to provide a Youth outreach program in Onslow.


Background
Over the last few years the social issues relating to Onslow have received a significant amount
of world wide press. Juvenile crime is particularly high. On average police issue 80 charges for
juveniles to appear before court and 90 official verbal warnings in any given year. Police are
experiencing children as young as 10 years old being affected by alcohol.

Today in Onslow there is not a single organised youth activity for the age group of 10 – 18
years. These youths are left to roam the street and find their own fun!

It is proposed that Council supports the implementation of the Youth Outreach Program (YOP)
and in doing so invests in the future of the Youth of Onslow.

Comment
The proposed service model is a complex arrangement incorporating many mechanisms and
support agencies. Onslow is experiencing current economic gain from the resource industry
looking to develop in the region.

 BHP Billiton has committed $75,000 over three years to support equipment and resources
  associated with the YOP.
 A grant has been submitted to DCD for $67,000 a year for 18months.
 Other Industry (Chevron) and the Pilbara Development Commission are currently in the
  negotiation of further funding and it is anticipated that at least a matching figure can be
  expected in the coming months.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                      91


This level of funding and support ensues the following -

       The provision of much needed resources to deliver programs which are diverse and
        adequately equipped. Programs will also have the capacity to source visiting sporting,
        musical and artistic expertise to enhance the programs.
       There will be adequate resource to support the administration and support infrastructure
        required to attract and secure a professional Youth and Community Development
        Coordinator, with the necessary skills and passion. A competitive remuneration package
        will be essential to attract some one to this remote community.
       The opportunity to attract other funders in to the program, to ensure attractive program
        delivery and the sustainability of the overall program.

An integral facet of the YOP is to ensure the integration of the community safety and crime
prevention committee. The priorities of both the community plans and the crime prevention
strategies are reflective of the Youth issues in the Onslow community and it is a key component
to ensure the integration of these programs.

This will ensure the sustainability of the program and demonstrates both the Shires and the
industry sectors commitment to Youth in the region.

In the past the “Youth worker/centre manager” has taken on full responsibilities of the program
and burnt out rather quickly in many instances. It is for this reason the current model
incorporates:

   1 full time Youth and Community Development Coordinator (level 4)
   1 part time Youth and Community Development Officer (level 5)

Whilst program development is integral to the YOP, facilitation and co ordination of existing
services and well meaning community members is the key to sustainability and retention of both
the YOP coordinator and the overall program. We are looking to incorporate mechanisms to
stimulate volunteer involvement and reinvigorate the family and community support base.

Consultation
Onslow Police, Onslow Health and Medical Services, The Department of Community
Development, The Education Department and local Educators, The Department of Sport and
Recreation and local Cultural Groups. Extensive consultation has also occurred with other
Local governments through out Australia the City of Albury and The Shire of Carnarvon and
Roebourne to get an indication of programs and management styles that are implemented. The
National Foundation of Youth has also been a key resource to the development of the program.

Statutory Environment
There are no known statutory requirements relevant to this matter.

Policy Implications
There are no known policy implications relevant to this matter.
                              Agenda – Ordinary Meeting of Council
                                         16 May 2006                                   92


Financial Implications
1. Support the cost of the Youth and Community Development Coordinator to a value of
   $65,000 a year; and
2. Provide $20,000 towards the purchase of a seven seater vehicle for the program.

                                                                     [APPENDIX 14.05.007A]

Strategic Implications
Quality Life Style and Social Wellbeing: Develop a plan for community activities for Youth.
The Community Services Draft Recreational Plan
Improved Services and Infrastructure
Draft Recreation Plan (relevant excerpts attached)
                                                                      [APPENDIX 14.05.007B]

Voting Requirement
Absolute Majority Required

Recommendation

That Council:

1. Endorse the Youth Outreach program as a core service of Council;

2. Agrees to include the cost of the Youth and Community Development Coordinator to
   a value of $65,000 in its draft budget for 2006/07; and

3. Agrees to include $20,000 towards the purchase of a seven seater vehicle for the
   program in its draft budget for 2006/07.




Author:     Amanda O’Halloran                Signature:

Manager:    Keith Pearson                    Signature:
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                         93




14.05.008     CANE RIVER TELECENTRE AND EMPLOYMENT DIRECTIONS

FILE REFERENCE:                    CS.SS.15

AUTHOR’S NAME AND                  Amanda O‟Halloran
POSITION:                          Executive Manager Western Operations

NAME OF APPLICANT/                 Cane River Telecentre and Employment Directions
RESPONDENT:

DATE REPORT WRITTEN:               3 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                   Item 11.05.342 Ordinary Meeting of Council 17 May 2005
REFERENCE:                         Item 14.10.004 Ordinary Meeting of Council 18 October
                                   2005
                                   Item 14.02.002 Ordinary Meeting of Council March 2006


Summary
Council recommendation in March 2006 Item 14.02.002 was to enter into an agreement with the
Department of Education and Training (DET) regarding the part lease of lot 641; and for
Executive Manager Community Services and Executive Manager Western Operations and
Councillor Eyre to represent the Shire in discussions related to the part/joint agreement
regarding the Onslow‟s schools greater recreational area.

It is recommended that Council advise the DET that it does not support the proposal to lease
Lot 641; and enter into an agreement for the sharing of facilities of the greater recreational area.


Background
The Cane River Telecentre and Employment Directions organisation have been under
considerable pressure to find alternative accommodation for their operations. Negotiations had
been held with the DET regarding a transportable building within the current primary school site.
Whilst the building requires considerable alterations the Cane River Telecentre and
Employment Directions organisation, considered this site appropriate for their operations.
Council had agreed in principle to support the facilitation of the acquisition of these premises
based on further negotiation with the DET.

Comment
A meeting was held with the relevant stakeholders and Hugh Barnett the Capital Programs
representative of the DET.

                                                                         [APPENDIX 14.05.008A]
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                      94


The proposed proposal and terms of tenure for the building involves the following:

   Agreement between the Shire of Ashburton/ Pilbara TAFE on the shared cost for the
    connection of services. This has been estimated to cost $60,000 total;
   Modification to the building as agreed, (the entrance to the building needs to be moved to
    the street side and upgrading of air conditioners and entry to the building as per access
    regulations. (These costs were to be undertaken by the Cane River Telecentre and
    Employment Directions organisation);
   Fencing to delineate the boundary and meet education regulations. This has been
    estimated to cost $7,000;
   Management of the grounds and parking areas, within the proposed lease area; and
   Removal of the building structure at the expiry/ termination of the lease.

The proposed terms of tenure for the recreation and hard court area involves the following:

   Priority use to be by the school on school days during school hours;
   Maintenance to be shared 50:50. Responsibility Shire – Invoice to DET;
   Utilities costs (water and Power) to be shared 50:50. Responsibility DET – Invoice to Shire.
    (Water costs are considerable and would be in the vicinity of $20,000 pa);
   Shire to be responsible for future and necessary landscaping; and
   Upgrading of facilities and additional structures, shared 50:50.

                                                                         [APPENDIX 14.05.008B]

After full consideration of the terms of tenure and the status of the buildings and grounds to be
considered, it is recommended to Council that in this instance Council does not proceed with
either option of tenancy. The cost and the ongoing commitment is significant and is out side
Councils current scope of works and development for the Onslow region.

It is also recommended that council continue to support the Cane River Telecentre and
Employment Directions organization and other alternatives for accommodation be discussed
and given further consideration as they are forthcoming.

Consultation
Paul Reid Principal, Onslow Primary School; Hugh Barnett DET – Capital Works, Shayne Hills
DHW – Pilbara; Jo Woods Cane River Telecentre and Employment Directions organization;
Lloyd Jackson Pilbara College of TAFE; Ann Eyre Councillor; Lance White Executive Manager
Community Services.

Statutory Environment
There are no known statutory requirements relevant to this matter.

Policy Implications
There are no policy implications in relation to this issue.

Financial Implications
There are no qualified financial implications at this stage, should council choose to proceed
budget implications may include – power and fencing installation, planning considerations and
ongoing capital works and maintenance.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                       95


Strategic Implications
Strategic Plan 2004 – 2009; the proposal has the impact to support Council‟s strategic direction
in regards to improved services and infrastructure and Quality Life Style and Well being.

Voting Requirement
Absolute Majority required for rescission and Simple Majority required for remainder of
recommendation.

Recommendation

That Council:

1. Rescind its decision of Item 14.02.002 at the Ordinary Meeting of Council of 16 March
   2006;

2. Advise DET and the Cane River Telecentre and Employment Directions organisation
   that it does not support the leasing of the buildings and recreation area; and

3. Continue to support the Cane River Telecentre and Employment Directions
   organisation it its endeavour to find alternative accommodation in Onslow.



Author:      Amanda O'Halloran                 Signature:

Manager:     Keith Pearson                     Signature:
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                     96




14.05.009    ONSLOW CEMETERY UPGRADE

FILE REFERENCE:

AUTHOR’S NAME AND                Amanda O'Halloran
POSITION:                        Executive Manager Western Operations

NAME OF APPLICANT/               Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:             6 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                 Not Applicable
REFERENCE:


Summary
Records and Ongoing Maintenance of the Onslow Cemetery has been an ongoing issue for a
number of years. During the last 25 years there has been a number of Undertakers providing
services and the records have been maintained at varying standards. Burial records do not
appear to be accurate and from 1985 records and burial site makers are not consistent.

Onslow residents are concerned by the state of the Cemetery and request that an upgrade
occur to reflect the respect the community has for those buried at the site.


Background
Correspondence relating to the recording of burials and the processes involved is vast and on
three occasions over the last 10 years a commitment from the Shire has been given to the
Onslow community to substantiate the records and to upgrade and beautify the Cemetery. On
all three occasions the Shire has not followed through and no progress has occurred.

                                                                      [APPENDIX 14.05.009]

It is recommended that Council support the proposal to rectify the burial register, survey the
graves and to beautify the site.

Comment
It is proposed that the Cemetery upgrade occur in 3 stages –

Stage One - Surveying and Ground Penetrating Radar
This is a complex and lengthy process, requiring specialised equipment and expertise. We
have identified 3 companies who have all conducted similar projects in the past. Quotes have
been received for both surveying and ground penetrating radar.
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                        97


This would mean surveying approximately 429 graves and utilizing GPR to locate a possible
100 graves which have in time been lost, they have been registered but are unable to be
located on cemetery grounds. A 2 man crew would mobilise to the site with all necessary
surveying, radar and computer equipment to undertake all field tasks. Quotes have ranged
from $40,000 - $ 50,000.

Stage Two – Record Retrieval and Upgrade
This requires cross matching of information with the Undertaker companies that have worked in
the region, further cross matching of information with identified graves at the site. Additional
thorough investigation needs to occur at the state records level and with locals and family
members in region.

Stage Three – Fencing and Beautification of the Cemetery.
It is proposed to fence the cemetery and plant appropriate trees along the perimeter. This will
define the cemetery and remove the current inadequate fencing in place. This stage includes
providing some shade and definition of the graves once their positions have been established.
Research of other shires across the state has been undertaken and simple measures such as
kerbing the graves and in filing with blue metal are some of the consistent initiatives that have
been used for this purpose. Further consideration is being given to a memorial wall. The
overall aim of the Beautification stage is to provide a peaceful and restful place for all.

Consultation
Dawn McAullay, Onslow Resident
Shires of Leonora, Carnarvon and Roebourne.
State Cemetery Records

Statutory Environment
Cemeteries Act 1986

Policy Implications
There are no known policy implications relevant to this matter.

Financial Implications
Defined Financial implications are not available at this stage.        A submission to the budget
process will occur as per process.

Strategic Implications
Implications apply according to the Council‟s commitment to Improved Services and
Infrastructure and their ongoing focus on professionalism and integrity in service provision.

Voting Requirement
Simple Majority Required
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                    98


Recommendation

1. That Council give approval in principal to the upgrade of the Onslow Cemetery; and

2. Consider the allocation of funds to progress Stage 1 in the 2006/07 draft Budget.



Author:     Amanda O'Halloran               Signature:

Manager:    Keith Pearson                   Signature:
                               Agenda – Ordinary Meeting of Council
                                          16 May 2006                                     99




14.05.010    ONSLOW TOWNSCAPE MANAGEMENT ADVISORY COMMITTEE MINUTES

FILE REFERENCE:

AUTHOR’S NAME AND                Amanda O'Halloran
POSITION:                        Executive Manager Western Operations

NAME OF APPLICANT/               Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:             6 May 2006

DISCLOSURE OF FINANCIAL The author has no financial interest in this matter.
INTEREST:

PREVIOUS MEETING                 13.01.248 Ordinary Council Meeting 20 January 2004
REFERENCE:                       13.01.248 Ordinary Council Meeting 1 March 2004
                                 13.03.335 Ordinary Council Meeting 1 March 2005



Summary
A further meeting of the Onslow Townscape Management Advisory Committee took place on 2
May 2006.

The Committee passed three resolutions, these relate to the size of the Committee, a preferred
development option (including a war memorial) for Beadon Point, and the final implementation
measures to the First Avenue Foreshore.

The minutes of this meeting, are tabled for Council consideration and the adoption of the
recommendations contained within them, if considered appropriate.


Background
A further meeting of the Onslow Townscape Management Advisory Committee was held at the
Onslow Sportsman Club on 2 May 2004. The meeting was attended by 4 Committee members
and Amanda O‟Halloran, Executive Manager Western Operations.

The Committee considered three main matters, these being the final implementations of the
First Avenue foreshore development, a preferred development option (including the war
memorial) for Beadon Point and the size and quorum of the Committee.

Comment
The attachment contains the minutes of the latest Committee meeting.

                                                                       [APPENDIX 14.05.010]
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                   100


A progress report of the ongoing First Avenue Foreshore development was circulated for the
Committee to review. A discussion was held regarding where to focus surplus funds, and as
such a plan was established.

As the First Avenue Foreshore works are nearing completion it was endorsed by the Committee
to move on to the Beadon Point stage of the Streetscape Plan prepared by Michael Tooby and
Assoc. A process of costing, design review and site adaptability take place concurrently with an
application for funds from the Pilbara Fund. To progress it is necessary to review the proposed
plan, to incorporate the evolving needs of the community. A revised plan will be circulated in
the coming weeks.

The Committee size has decreased significantly and it was endorsed by the Committee that the
terms of reference be changed to reflect the downsizing. It is the Committee‟s opinion that the
Committee size remain at 7 and new members be able to join if they wish. They did however
suggest that the quorum size be reduced to 3 committee members plus a Council
representative in order to achieve a quorum at the meetings.

The issue here is that the Committee is bound by the legislation and this is obviously impacting
on its operations.

The Committee has been covered by Agenda Item 12.05.030.

Statutory Environment
Sections 5.8 and 5.25 of the Local Government Act 1995, relating to committees and their
meetings.

Policy Implications
There are no policy implications in relation to this matter.

Financial Implications
There are no known financial implications relevant to this matter.

Strategic Implications
There are no strategic implications in relation to this matter.

Voting Requirement
Simple Majority Required
                            Agenda – Ordinary Meeting of Council
                                       16 May 2006                              101


Recommendation

That Council progress the costing and plan review of the Beadon Point development in
to assist with the making of grant applications.



Author:    Amanda O’Halloran               Signature:

Manager:   Keith Pearson                   Signature:
                                     Agenda – Ordinary Meeting of Council
                                                16 May 2006                                                102




    14.05.010    WESTERN OPERATIONS RESOLUTION STATUS REPORT


                  Agenda
       Council                        Report Title                                Council Resolution                                     Current Status
#
       Meeting      Ref.
ENGINEERING
 1. 04/06        10.03.007   Tender No. 01/06;              That Council defer consideration of Tender No. 01/06 until after    Finalised.
                             Reconstruction & Sealing       a detailed engineering and insurance assessment has been            Agenda Item 10.05.010
                             Onslow Airport                 made of the Onslow Airstrip.
 2.   01/06      16.01.003   Tenders – Onslow Airport       That Council:                                                       Finalised.
                             Reconstruction Tender No       1. Not accept any of the tenders received in relation to Tender     Agenda Item 10.05.010.
                             03/05                              No 03/05 Onslow Airport Reconstruct and Seal Runway
                                                                03/21, Taxiway, Apron and Reconstruct Seal (Part) Runway
                                                                12/30.
                                                            2. Invite tenders for an amended scope of works in relation to
                                                                the reconstruction and sealing of the main runway and
                                                                associated works at the Onslow Airport, generally in
                                                                accordance with Tender No 03/05 referred to above, except
                                                                that the bituminous treatment be limited to an Emulsion
                                                                Sand Seal.
                                                            3. Complete the tender process in time to submit the results of
                                                                the new tender to the 28 February 2006 Council meeting.
 3.   05/04      10.05.720   Onslow Refuse site             That Council                                                        (Ongoing)
                             MES                            1. agrees that the $50,000 set aside for consultants fees for       Interim report received from
                                                               the establishment of a new refuse site in Onslow, be used        consultant SKM identifying
                                                               on the existing Onslow Refuse site bund walls to extend the      potential landfill sites and
                                                               life of the present refuse site as a temporary measure until a   development options.
                                                               new tip site is established;                                     Geotechnical investigations,
                                                            2. provides the community with advice in relation to the work       design and construction of new
                                                               being undertaken and the impact.                                 landfill, and closure plan for
                                                                                                                                existing site, to be implemented
                                                                                                                                during 2005/06.
 4.   04/04      10.04.717   Onslow Airport Certification   That the Shire of Ashburton transfer from a licensed aerodrome      Finalised.
                             MES                            to a certified aerodrome under the new Civil Aviation Safety        Certification issued by CASA.
                                                            Regulations Part 139.
 5.   02/03      10.01.673   Onslow Sea Wall Ownership      Advise the contractor, WA Limestone/Roadstone JV, that the          (Ongoing)
                                    Agenda – Ordinary Meeting of Council
                                               16 May 2006                                                 103


                 Agenda
      Council                       Report Title                                  Council Resolution                                    Current Status
#
      Meeting      Ref.
                            and Progress Report             surface of the boat ramp at First Avenue, Onslow, is not            MDS investigating the matter
                            MES                             acceptable due to the unevenness of the patched section and         further in order to finalise
                                                            the small voids that exist in other parts of the surface;           ownership.
                                                            Approve the additional works associated with the Onslow sea         (a) Complete
                                                            wall project to be:                                                 (b) Complete
                                                            (a) Ocean View Caravan Park Reserve retaining soil $20,000;         (c) Complete
                                                            (b) Seniors Units & Sun Chalet reserves area fill to level behind
                                                            sea wall $35,000;
                                                            (c) Beach replenishment $15,000;
                                                            (d) Design disabled access $5,000; and
                                                            (e) Survey and peg reserve boundaries $7,000.
                                                            Have the property boundaries surveyed and marked on site
                                                            before further considering formal control of the sea wall being
                                                            accepted.
COMMUNITY
 6. 03/06       14.02.002   Cane River Telecentre &         That Council
                            Employment Directions
                                                            1.   Enter into an agreement with the Department of Education
                                                                  and Training regarding the lease of part lot 641; and

                                                            2.    That the Executive Manager Community Services,
                                                                  Executive Manager Western Operations and Councillor
                                                                  Ann Eyre represent the Shire at discussions with the
                                                                  Department of Education and Training on a part / joint
                                                                  agreement regarding site B as shown on the attached
                                                                  map.
 7.   03/06     15.02.003   Television Rebroadcast –        That Council endorse the actions of the Chief Executive Officer
                            Onslow                          in authorizing the expenditure of $23,650 plus GST by Watsons
                                                            Technical Services for the installation of a new GWN television
                                                            transmitter at Onslow.
 8.   07/05     11.07.348   United Christian Broadcasters     That subject to a favourable technical report being provided      Referred to EMWO.
                            Australia (Ucba) Request to       and the issue of a letter of indemnity to Council, United
                            Install Radio Rebroadcast         Christian Broadcasters Australia through their Vision Radio
                            Equipment Lot 694 Payne           Network be granted permission to install radio rebroadcast
                            Way Onslow                        equipment in Council facilities situated on Lot 694 Payne Way
                                                              Onslow, with any associated costs being borne by the
                                   Agenda – Ordinary Meeting of Council
                                              16 May 2006                                             104


                Agenda
     Council                        Report Title                             Council Resolution                                   Current Status
#
     Meeting      Ref.
                                                         applicant.
CORPORATE
 9. 08/05      12.08.1239   Proposed Housing & Office   That the Council notes these current and future development       (Ongoing)
                            Accommodation - Onslow      requirements for Onslow and the following matters be              Consideration      included  in
                                                        considered in respect of the restructure and budget:              2005/06 budget and will require
                                                        1.    Advertising in accordance with Part 4 of the Local          further review and report.
                                                              Government (Functions & General) Regulations 1996 for
                                                              the purchase and removal of the building situated on Lot
                                                              502 First Avenue Onslow.
                                                        2.    Advertising in accordance with Part 4 of the Local
                                                              Government (Functions & General) Regulations 1996 for
                                                              the supply delivery and connection of services for two
                                                              three bedroom 1 or 2 bathroom residences to be placed
                                                              on Lot 502 First Avenue Onslow and Lot 578 Hedditch
                                                              Street Onslow in accordance with the provisions of
                                                              Councils Town Planning Scheme No.7 noting particularly
                                                              the requirements of the finished floor levels and height
                                                              data.
                                                        3.    Make provision in the 2005/06 budget for the construction
                                                              of two offices within the works complex on Lot 567 Beadon
                                                              Creek Road and
                                                        4.    Make provision in the 2005/06 budget for the raising of a
                                                              loan of $250,000.00 for the part purchase of two
                                                              transportable residences for Onslow.
                                                        5.    Advertising in accordance with Part 4 of the Local
                                                              Government (Functions & General) Regulations for the
                                                              disposal of the land and buildings on Lot 461 Hope Court
                                                              Onslow.
 10. 03/05     12.03.1201   Robe River Memorandum of    That Council agrees to the Memorandum of Understanding            (Ongoing)
                            Understanding               between the Shire of Ashburton and Robe River containing the      An update on any remaining
                                                        following commitments:                                            issues will be provided to
                                                        1. The Shire of Ashburton leasing:                                Council.
                                                               The Library, Shire Office and Sentinel Chicken Coops;
                                                               The Dog Pound;
                                                               The Caravan Park and Ablutions Block.
                                                        2. Robe River renovating the above facilities prior to the
                                Agenda – Ordinary Meeting of Council
                                           16 May 2006                                                  105


               Agenda
    Council                      Report Title                                 Council Resolution                                       Current Status
#
    Meeting      Ref.
                                                             commencement of the leases.
                                                        3.   The Shire of Ashburton donating the amount of $1,000
                                                             annually to each of the Occasional Child Care Centre and
                                                             Neighbourhood Centre.
                                                        4.   The Shire of Ashburton committing to funding the
                                                             Community Liaison Officer position for twenty (20) hours
                                                             per week and to actively pursuing alternative funding
                                                             sources for an additional twenty (20) hours.
                                                        5.   The Shire of Ashburton providing two free street sweeps
                                                             per year with additional sweeps provided on a fee for
                                                             service basis.
11. 01/04     15.01.98   Onslow Sun Chalets – Sale of   1.   Agrees in-principle to the sale of the Onslow Sun Chalets        (Ongoing)
                         Freehold Title                      freehold by way of either public auction or public tender,       Sale approved – State reissuing
                         SE.R35889                           subject to:                                                      paperwork as original documents
                                                             a. Agreement being reached with the Minister for Lands to        referred to Sun Chalets as a
                                                                 proceed with the freehold, and                               Caravan Park. Referred to
                                                             b. A progress report being presented to the next meeting         A/EMCS.
                                                                 for Council‟s consideration dealing with No. 2. above and
                                                                 the specifics of selling the freehold by either public       Project involves negotiation with
                                                                 auction or public tender to include, but not limited to:     DPI on freehold value and
                                                                     i.  Appointment of Auctioneer;                           purchase. Also subject to a new
                                                                    ii.  Setting of reserve;                                  proposal for assignment of
                                                                   iii.  Clarification of the auction                         lease.
                                                                          process;
                                                                   iv.   Costs of the auction process and                     Refer Agenda Item 12.06.1236.
                                                                    v.   Costs of the tender process.
12. 09/03     15.09.94   Beadon Bay Village Caravan     1.   Council accept an offer for the Beadon Bay Caravan Park          (Ongoing)
                         Park – Valuation                    (Reserve 34101 Lots 557 and 563) from the current lessee,        Sale approved – State finalising
                         BD.R.34101                          Beadon Bay Pty Ltd for $200,000 plus GST on the                  details.
                                                             understanding that the sale of the Beadon Bay Caravan            Proposed      Caveat      under
                                                             Park to the lessee is dependant on the Shire of Ashburton        discussion between State and
                                                             purchasing Reserve 34101 from the State Government of            Lessee (18 January 2005).
                                                             Western Australia and that there will be no liability attached
                                                             to the Shire should the sale not proceed for any reason          Referred to A/EMCS.
                                                             whatsoever;
                                                        2.   Council give Beadon Bay Pty Ltd a maximum of ten (10)            Refer item above.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                                106


                Agenda
     Council                       Report Title                                Council Resolution                                     Current Status
#
     Meeting      Ref.
                                                              working days to unconditionally present the offer and
                                                              forward a ten percent deposit of the purchase price;           It is understood that the Minister
                                                         3.   in the event of the offer being made and accepted in           has      now       established the
                                                              accordance with recommendations 1 and 2 that Council           conditions of free holding
                                                              authorise the Chief Executive Officer to proceed with the      however written confirmation of
                                                              sale in accordance with the provisions of the Local            this is still to be received.
                                                              Government Act 1995 Section 3.58;
                                                         4.   in the event that Beadon Bay Pty Ltd does not accept the
                                                              offer within ten working days Council requests the Chief
                                                              Executive Officer to make a detailed assessment of the
                                                              financial and economic development implications of
                                                              disposing of or retaining the Beadon Bay Caravan Park; and
                                                         5.   regardless of the sale or otherwise of Lots 557 and 563,
                                                              Council request the Chief Executive Officer to make a
                                                              detailed assessment of the financial and economic
                                                              development implications of disposing of or retaining Lots
                                                              555 and 556.
DEVELOPMENT
 13. 04/06  13.03.016      Part Road Closure Vicinity    That Council formally adopt the closure of the subject portion of
                           Ocean View Caravan Park,      Second Avenue Onslow and the matter be referred to the
                           Second Avenue Onslow          Minister for Lands to instigate formal closure proceedings.
 14. 03/06     13.02.013   Breaches of Shire of          That the matter be deferred for consideration in conjunction with   Ongoing.
                           Ashburton‟s Town Planning     the applicant‟s development approval application.                   Development           Application
                           Scheme No.7 – Lot 328 Third                                                                       presently being advertised.
                           Avenue Onslow
 15. 03/06     14.02.003   Minutes – Onslow Resource     That the Minutes of the Onslow Resource Development
                           Development Working Group     Working Group meeting, attached as Appendix 14.02.003, held
                                                         on the 10 February 2006, be received by Council and Council
                                                         adopt the following Committee recommendations:

                                                         1. The Committee recommends to Council that the agreement
                                                            for BHP be drafted by Council legal representative. In the
                                                            course of that draft process the legal representative Julia
                                                            Skinner from Jackson McDonald be invited to attend the
                                                            “Onslow Resource Development Working Group” to provide
                                                            a briefing.
                                 Agenda – Ordinary Meeting of Council
                                            16 May 2006                                                  107


               Agenda
    Council                       Report Title                                Council Resolution                                      Current Status
#
    Meeting      Ref.

                                                        2. The Committee recommends Council approach Mr Ray
                                                           Hadlow to prepare a briefing paper in relation to the rating
                                                           of major resource developments.

                                                        3. That Council proceed with a matter of urgency the
                                                            surveying necessary to gain relevant survey data required
                                                            to progress the Onslow Landfill Site Study.
16. 01/06     13.01.002   BHP Billiton Request for      That Council: -                                                       (1) Finalised. Letter sent.
                          Security of Land Tenure,      (1)     Advise BHP Billiton Petroleum Pty Ltd that the Shire          (2) Working Group to meet in
                          Reserve 29112 (Part Town              agrees to enter into an agreement with the company to             Onslow on 10 February 2006
                          Common), Onslow                       relinquish its management order over relevant portions
                                                                of Reserve 29112 (Onslow Town Common), subject to:
                                                                (a)       conditions acceptable to the Shire of Ashburton
                                                                          being included in the agreement;
                                                                (b)       BHP Billiton Petroleum Pty Ltd being
                                                                          responsible for the Shire‟s cost in relation to
                                                                          preparing the agreement; and
                                                        (2)     That Council‟s Onslow Resource Development Working
                                                                Group oversee the preparation of the agreement prior
                                                                to submitting it to Council for adoption.
17. 12/05     13.12.408   Proposed Transfer of          That :-                                                               (Ongoing)
                          Emergency Services Building   1. Council agree to transfer the tenure of the Onslow                 FESA       notified.       Admin
                                                             Emergency Service Building to FESA subject to:-                  Procedures to be followed.
                                                                i) FESA to become responsible for the outstanding
                                                                     loan on the facility and any financial outlay required
                                                                     for the transfer thereof; and
                                                                ii) A condition being placed on the Management Order
                                                                     over the premises that they are to be used only to
                                                                     house the local Volunteer Emergency Services
                                                                     including the Marine Rescue Service.
                                                        2. The necessary procedures required to effect the transfer
                                                             be implemented.
                                                        3. The present designation of Lot 971 in the Shire‟s Town
                                                             Planning Scheme No.7 be amended to reflect the existing
                                                             land use during the Planning Scheme review for Onslow.
                                  Agenda – Ordinary Meeting of Council
                                             16 May 2006                                                108


               Agenda
    Council                        Report Title                                Council Resolution                                    Current Status
#
    Meeting      Ref.
                                                          4.   The future need of the Onslow Emergency Services
                                                               Building Management Committee and Instrument of
                                                               Delegation DA503 be noted and in due course be
                                                               discontinued.
18. 12/05     13.12.411   Part Road Closure Vicinity of   That:-                                                             (Ongoing)
                          Ocean View Caravan Park          1. Council resolve to support the partial road closure and the    Advertising period closes 1
                          Second Ave, Onslow                   matter be advertised in accordance with the provisions of     March 2006.
                                                               Sec. 58 of the Land Administration Act, 1997.                 Further report on this agenda.
                                                           2. Upon completion of the advertising period the matter be
                                                               referred back to Council for further consideration.
                                                           3. The Minister for Planning and Infrastructure be requested
                                                               to reserve the land indicated as Lot 3002 on the plan
                                                               attached as appendix 13.12.412 for Conservation,
                                                               Recreation purposes and that its care, control and
                                                               management be granted to the Shire.
19. 08/05     13.08.376   Proposed BHP Billiton Pilbara   That Council request the Minister for State Development to         Ongoing.
                          LNG Processing Facility,        obtain meaningful input from the Shire of Ashburton, when          Correspondence to be sent to
                          Onslow – Preparation Of State   preparing the proposed State Agreement between the State           Minister.
                          Agreement                       Government and BHP Billiton, in relation to BHP Billiton Ltd‟s
                                                          proposed LNG Processing Plant, to be constructed adjacent to
                                                          the town of Onslow, and that Council seek a meeting with the
                                                          Minister to discuss this issue.
20. 08/05     13.08.378   Proposed Modification To        That Council:                                                      (Finalised)
                          Layout Of Accommodation             1. Agree, in its capacity as lessor of Reserve 34101, to the   Development approval issued to
                          Units Beadon Bay Village,               subject development application lodged by Greg Rowe        applicant.
                          Lots 557 & 563 (Reserve                 and Associates, being considered by Council pursuant
                          34101) Beadon Creek Road,               to the Shire of Ashburton Town Planning Scheme No.         Copy     of  Developed    Plan
                          Onslow                                  7.                                                         forwarded to Department Land
                                                              2. That the total number of accommodation units shall not      Information with request for
                                                                  exceed eighty units in the areas defined A, B, C & D on    Ministers approved for modified
                                                                  the                     endorsed                   plan.   layout.
                                                                  Approve the development application made by Greg
                                                                  Rowe and Associates, to erect and use buildings on Lot     Department        of      Land
                                                                  557 (Part Reserve 34101), for the purposes of              Administration has advised that
                                                                  accommodation, (transient workers and holiday), in         Minister has no objection to
                                                                  accordance with the attached plans, subject to the         Amended Development Plan.
                       Agenda – Ordinary Meeting of Council
                                  16 May 2006                                               109


              Agenda
    Council            Report Title                              Council Resolution                                       Current Status
#
    Meeting    Ref.
                                                   following conditions:
                                                   a. The development shall comply with the Shire of              Lease to be amended as final
                                                        Ashburton‟s Town Planning Scheme No. 7, the               administrative step in process.
                                                        Health Act, the Building Code of Australia, the West
                                                        Australian Fire Board Regulations and any other
                                                        relevant Acts, Regulations and Local laws;
                                                   b. The buildings shall have a floor level of at least 4.0
                                                        metres AHD;

                                                   c. A landscaping plan must be submitted and
                                                      approved for the area immediately surrounding the
                                                      subject building prior to the issue of a Building
                                                      Licence or any works commencing. For the
                                                      purpose of these conditions a detailed landscaping
                                                      plan shall show the following:
                                                      i    the location and type of proposed trees and
                                                      shrubs;
                                                      ii any lawns to be established; and
                                                      iii those areas to be reticulated or irrigated; and
                                                   d. those areas to be reticulated or irrigated
                                                      landscaping area shall be installed within thirteen
                                                      (13) weeks of the use commencing or occupation of
                                                      the development, and shall be maintained
                                                      thereafter by the owner/occupier to the satisfaction
                                                      of the Manager of Development Services;
                                                   e. 75 car parking spaces shall be provided in the
                                                      vicinity of the subject buildings, to the satisfaction of
                                                      the Shire of Ashburton. Each space will measure at
                                                      least 5.5 metres x 2.5 metres with 6.0 metres wide
                                                      access ways;
                                                   f. Vehicle parking, manoeuvring and vehicle
                                                      circulation areas are to be suitably constructed,
                                                      drained, kerbed, maintained and marked to the
                                                      specifications and satisfaction of the Shire of
                                                      Ashburton; and
                                                   g. The operator of the site shall maintain the site in a
                       Agenda – Ordinary Meeting of Council
                                  16 May 2006                                              110


              Agenda
    Council            Report Title                              Council Resolution                             Current Status
#
    Meeting    Ref.
                                                        neat and tidy condition, to the satisfaction of the
                                                        Shire at all times.
                                                3. Endorse the development application with the following
                                                   statement:
                                                   “The developer undertakes to absolve the State and the
                                                   Local Government Authority from liability and hence
                                                   financial relief in the event of damage caused by natural
                                                   events”.
                                                4. Advise the applicant of its right of appeal, pursuant to
                                                   Part 5 of the Town Planning and Development Act.
                                                5. The operator, in its capacity as Lessor of the site advise
                                                   the lessee of the Beadon Bay Village Caravan Park that
                                                   development in accordance with this development
                                                   approval may not commence until the existing lease for
                                                   the property has been modified to include a
                                                   Development Plan which is consistent with the
                                                   proposed uses and layout as shown on the subject
                                                   development approval. This shall include the obtaining
                                                   of the Minister of Lands‟ approval for the modified
                                                   layout, if necessary.
                                     Agenda – Ordinary Meeting of Council
                                                16 May 2006                                   111




15.05.0         NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY
                DECISION OF MEETING
16.05.0         CONFIDENTIAL REPORTS

          Under the Local Government Act 1995, Part 5, and Section 5.23, states in part:

          (2)         If a meeting is being held by a Council or by a committee referred to in
                      subsection (1)(b), the Council or committee may close to members of the
                      public the meeting, or part of the meeting, if the meeting or the part of the
                      meeting deals with any of the following:

                (a)      a matter affecting an employee or employees;

                (b)      the personal affairs of any person;

                (c)      a contract entered into, or which may be entered into, by the local
                         government and which relates to a matter to be discussed at the
                         meeting;

                (d)      legal advice obtained, or which may be obtained, by the local
                         government and which relates to a matter to be discussed at the
                         meeting:

                (e)      a matter that if disclosed, would reveal:

                         (I)     a trade secret;
                         (II)    information that has a commercial value to a person; or
                         (III)   information about the business, professional, commercial or
                                 financial affairs of a person,

                         Where the trade secret or information is held by, or is about, a person
                         other then the local government.

                (f)      a matter that if disclosed, could be reasonably expected to:

                         (I)     Impair the effectiveness of any lawful method or procedure for
                                 preventing, detecting, investigating or dealing with any
                                 contravention or possible contravention of the law;
                         (II)    Endanger the security of the local government’s property; or
                         (III)   Prejudice the maintenance or enforcement of any lawful
                                 measure for protecting public safety;

                (g)      information which is the subject of a direction given under section
                         23(1a) of the Parliamentary Commissioner Act 1981; and

                (h)      such other matters as may be prescribed.
                            Agenda – Ordinary Meeting of Council
                                       16 May 2006                               112




Recommendation

That Council pursuant to the Local Government Act 1995, section 5.23 (2) determine to
close the Meeting to the general public to discuss the following Confidential Agenda
Items:

16.05.010   CONFIDENTIAL REPORT – HAMMERSLEY IRON P/L NORMALISATION
            AGREEMENT – TOWNS OF TOM PRICE AND PARABURDOO

16.05.011   CONFIDENTIAL REPORT – FREEHOLDING RESERVE 35889 SECOND
            AVENUE, ONSLOW (SUN CHALETS)
                             Agenda – Ordinary Meeting of Council
                                        16 May 2006                                    113



16.05.010   CONFIDENTIAL REPORT – HAMERSLEY IRON P/L NORMALISATION
            AGREEMENT – TOWNS OF TOM PRICE AND PARABURDOO


Please refer to [CONFIDENTIAL ITEM 16.05.010] under separate cover.



16.05.011   CONFIDENTIAL REPORT – FREEHOLDING RESERVE 35889 SECOND
            AVENUE, ONSLOW (SUN CHALETS)


Please refer to [CONFIDENTIAL ITEM 16.05.011] under separate cover.



17.05.0     NEXT MEETING

            The next Ordinary Meeting of Council will be held on 20 June 2006 in the Council
            Chambers, Tom Price commencing at 9.00am.


18.05.0     CLOSURE OF MEETING

				
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