17 June 2008 Agenda

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					   AGENDA – ORDINARY MEETING OF COUNCIL   1
               17 JUNE 2008




  SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

              AGENDA

  BARRY LANG CENTRE,
    PANNAWONICA

         17 JUNE 2008
                             AGENDA – ORDINARY MEETING OF COUNCIL                            2
                                         17 JUNE 2008



                                    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 17 June 2008 at Barry Lang Centre, Pannawonica commencing at 8.00am.

The business to be transacted is shown in the Agenda.




Keith Pearson
CHIEF EXECUTIVE OFFICER

11 June 2008




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                                                                               3
                                                         17 JUNE 2008

1.06.0       DECLARATION OF OPENING........................................................................................................................... 5
2.06.0       ANNOUNCEMENT OF VISITORS ..................................................................................................................... 5
3.06.0       ATTENDANCE .................................................................................................................................................... 5
  3.06.01    PRESENT............................................................................................................................................................5
  3.06.02    APOLOGIES........................................................................................................................................................5
  3.06.03    APPROVED LEAVE OF ABSENCE ...................................................................................................................5
4.06.0       PUBLIC QUESTION TIME.................................................................................................................................. 6
  4.06.01    RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ........................................................6
  4.06.02    PUBLIC QUESTION TIME ..................................................................................................................................6
5.06.0       APPLICATIONS FOR LEAVE OF ABSENCE ................................................................................................... 6
6.06.0       PETITIONS / DEPUTATIONS / PRESENTATIONS ........................................................................................... 6
  6.06.01    PETITIONS..........................................................................................................................................................6
  6.06.02    DEPUTATIONS ...................................................................................................................................................6
  6.06.03    PRESENTATIONS ..............................................................................................................................................6
7.06.0       CONFIRMATION OF MINUTES OF PREVIOUS MEETING .............................................................................. 6
  7.06.01    ORDINARY MEETING OF COUNCIL HELD ON 20 May 2008 ..........................................................................6
8.06.0       ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .............................................. 6
9.06.0       DECLARATION BY MEMBERS ......................................................................................................................... 6
10.06.0      ENGINEERING SERVICES REPORTS ............................................................................................................. 7
  10.06.16   WASTE MANAGEMENT STRATEGY ................................................................................................................7
  10.06.17   CLOSURE OF URANDY CREEK ROAD ..........................................................................................................10
  10.06.18   ENGINEERING SERVICES DECISION STATUS REPORT ............................................................................12
11.06.0      COMMUNITY & ECONOMIC SERVICES REPORTS ...................................................................................... 16
  11.06.11   LICENCE AGREEMENT FOR TOM PRICE SQUASH RACQUETS ASSOCIATION ......................................16
  11.06.12   TOM PRICE SHIRE OFFICE – RENOVATION ................................................................................................18
  11.06.13   REVIEW OF COUNCIL POLICIES - ADMINISTRATION .................................................................................21
  11.06.14   PROPOSAL TO COMBINE THE PARABURDOO SHIRE OFFICE AND PARABURDOO LIBRARY .............24
  11.06.15    COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT .....................................................27
12.06.0      CORPORATE SERVICES REPORTS .............................................................................................................. 30
  12.06.27   COMPLIANCE AUDIT RETURN – DEPARTMENT OF LOCAL GOVERNMENT AND REGIONAL
             DEVELOPMENT ...............................................................................................................................................30
  12.06.28   USE OF COMMON SEAL UNDER DELEGATED AUTHORITY ......................................................................32
  12.06.29   REQUEST FOR COUNCILLOR TRAINING .....................................................................................................34
  12.06.30   REQUEST FOR WRITE OFF OF MISCELLANEOUS DEBTORS ...................................................................38
  12.06.31   RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS ......................................................................40
  12.06.32   PROPOSED DIFFERENTIAL RATES 2008/09 ................................................................................................42
  12.06.33   FEES & CHARGES 2008/09 .............................................................................................................................48
  12.06.34   CORPORATE SERVICES STATUS REPORT ................................................................................................50
                                              AGENDA – ORDINARY MEETING OF COUNCIL                                                                                4
                                                          17 JUNE 2008

13.06.0      DEVELOPMENT SERVICES REPORTS ......................................................................................................... 52
  13.06.25   APPLICATION FOR PLANNING CONSENT FOR A SHORT STAY HOLIDAY CABIN, DIRECTION
             ISLAND..............................................................................................................................................................52
  13.06.26    DEVELOPMENT SERVICES DECISION STATUS REPORT ........................................................................57
14.06.0      WESTERN OPERATIONS REPORTS ............................................................................................................. 66
  14.05.12   LOT 944 FIRST AVENUE, ONSLOW, RESERVE 42626. REMOVAL FROM SHIRE OF ASHBURTON
             MUNICIPAL INVENTORY .................................................................................................................................66
  14.06.13   WESTERN OPERATIONS DECISION STATUS REPORT ..............................................................................69
15.06.0      NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ......................... 73
16.06.0      CONFIDENTIAL REPORTS ............................................................................................................................. 73
  16.06.12   CONFIDENTIAL REPORT – WITTENOOM ASBESTOS LITIGATION ............................................................74
17.06.0      NEXT MEETING ............................................................................................................................................... 75
18.06.0      CLOSURE OF MEETING ................................................................................................................................. 75
                            AGENDA – ORDINARY MEETING OF COUNCIL                   5
                                        17 JUNE 2008

1.06.0    DECLARATION OF OPENING


2.06.0    ANNOUNCEMENT OF VISITORS

3.06.0    ATTENDANCE
3.06.01   PRESENT
          Cr L Corker                Shire President, Ashburton Ward
          Cr L Rumble                Deputy Shire President, Paraburdoo Ward
          Cr T Bloem                 Tom Price Ward
          Cr C Fernandez             Tom Price Ward
          Cr I Dias                  Paraburdoo Ward
          Cr L Thomas                Tableland Ward
          Cr K White                 Onslow Ward
          Cr S Dann                  Pannawonica Ward

          Mr K Pearson               Chief Executive Officer
          Mr J Breen                 Executive Manager Engineering Services
          Mr B Smith                 Executive Manager Development Services
          Mr L Softley               Executive Manager Community & Economic Services
          Ms A O‟Halloran            Executive Manager Western Operations
          Ms B Shields               Executive Assistant Chief Executive Officer


3.06.02   APOLOGIES


3.06.03   APPROVED LEAVE OF ABSENCE
          Cr Hugh Martin, Tom Price Ward
                          AGENDA – ORDINARY MEETING OF COUNCIL                           6
                                      17 JUNE 2008

4.06.0    PUBLIC QUESTION TIME
4.06.01   RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4.06.02   PUBLIC QUESTION TIME

5.06.0    APPLICATIONS FOR LEAVE OF ABSENCE
          An application for leave of absence has been received from Councillor Stephanne
          Dann for the Ordinary Meeting of Council being held on the 15 July, 2008

6.06.0    PETITIONS / DEPUTATIONS / PRESENTATIONS
6.06.01   PETITIONS

6.06.02   DEPUTATIONS

6.06.03   PRESENTATIONS


7.06.0    CONFIRMATION OF MINUTES OF PREVIOUS MEETING


7.06.01   ORDINARY MEETING OF COUNCIL HELD ON 20 May 2008

          Officers Recommendation

                That the Minutes of the Ordinary Meeting of Council held on 20 May
                 2008, as previously circulated on 28 May 2008, be confirmed as a true
                 and accurate record.


8.06.0    ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT
          DISCUSSION


9.06.0    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                              7
                                           17 JUNE 2008

10.06.0       ENGINEERING SERVICES REPORTS

10.06.16      WASTE MANAGEMENT STRATEGY

FILE REFERENCE:                    HS.LW.3

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

NAME OF APPLICANT/                 Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:               3 June 2008

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

PREVIOUS MEETING                   Not Applicable
REFERENCE:

Summary
The Shire of Ashburton, as a member of the Pilbara Regional Council, is a signatory to the Pilbara
Regional Waste Management Plan (PRCWMP) produced by consultants, Cardno BSD.

 As part of the process of waste management reform, the information within the report has been
used to construct a guiding statement more specific to the Shire of Ashburton.

The issue of funding for a shared Recycling Co-ordinator through the Pilbara Regional Council as
recommended by the PRCWMP and endorsed by the PRC is also addressed.

Background
At present, the Shire of Ashburton manages three landfills at Tom Price, Paraburdoo and Onslow,
as well as collecting domestic waste and commercial waste in these three towns. The issue of
waste management has grown in complexity with the ageing of the Shire‟s waste infrastructure
and processes, the increase in activity in the region due to the resources boom, and a changing
approach from both government authorities and members of the public to the disposal of waste.

With the influence of new legislation (Waste Avoidance and Resource Recovery Act, Waste
Management Board, Zero Waste Management Plan) the Shire is required to re-assess waste
management practices with the focus becoming more on the reduction of the amount of waste
going into landfill.

 The most practical way to do this is by increasing recycling practices and therefore shifting
volumes of waste from our landfills to commercial recyclers for disposal.

A copy of the Draft Waste Management Strategy for the Shire of Ashburton is attached for
Council‟s consideration.
                              AGENDA – ORDINARY MEETING OF COUNCIL                             8
                                          17 JUNE 2008

                                                                           ATTACHMENT 10.06.16

Comment
The Shire of Ashburton Waste Management Strategy details in broad terms, methods to
modernise our landfills and waste management practices, and provides a means of putting the
recommendations of the Pilbara Regional Waste Management Plan (PRWMP) into effect.

Consideration of transforming Paraburdoo to a waste transfer station and implementing recycling
facilities in the towns are some aspects covered in this plan.

The Shire of Ashburton Strategic Plan incorporates and extrapolates recommended actions from
the PRCWMP and is intended to be read in conjunction with the PRCWMP.

The opportunity for sharing of information and resources between the four Councils in the Pilbara
has been discussed on numerous occasions and to this end a position of Recycling Co-ordinator
has been identified as an action from the PRCWMP.

Sharing of expensive but low use equipment such as green waste chippers, tyre shredders etc,
sourcing of outlets for recycled materials and consistent public education programs would be
positive outcomes for the position.

The role was most recently discussed at the PRC meeting of 26th May 2008 which endorsed the
appointment of the Recycling Co-ordinator with each member Council contributing $25,000 pa for
five year, subject to individual Councils endorsing the proposal. Other funding is to be sought from
resource companies.

A copy of PRC Council minutes is attached.

                                                                         ATTACHMENT 10.06.16a

Consultation
Chief Executive Officer
Pilbara Regional Council

Statutory Environment
Consistent with the Waste Avoidance Resource Recovery Act

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

Financial Implications
Requires a commitment of $25,000 pa for 5 years. The PRC minutes note that this may, as a
worst case, be $33,000 to $52,000 pa but with an estimated gross return of $1million across the
Pilbara Region.

Strategic Implications
Consistent with Strategic Objective 4.1, Total Waste Management Plan of the Shire of Ashburton
Strategic Plan 2007-2011
                             AGENDA – ORDINARY MEETING OF COUNCIL                     9
                                         17 JUNE 2008



Voting Requirement
Absolute Majority Required

Officers Recommendation

That Council;

   1. Adopts the Shire of Ashburton Waste Management Strategy as per the attachment
      10.06.16

   2. Provides $25,000 per annum for the next 5 years, commencing in the 2008/09
      Financial Year, to the Pilbara Regional Council as a contribution towards the cost of
      employment of a full time Recycling Co-ordinator.



Author:     Jeff Breen                     Signature:

Manager:    Keith Pearson                  Signature:
                             AGENDA – ORDINARY MEETING OF COUNCIL                            10
                                         17 JUNE 2008

10.06.17     CLOSURE OF URANDY CREEK ROAD

FILE REFERENCE:                   ES.RM7

AUTHOR’S NAME AND                 Debra Chapman
POSITION:                         Administration Officer Engineering Services

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              23nd May 2008

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

PREVIOUS MEETING                  Agenda Item 10.02.02 Ordinary Meeting of Council 19
REFERENCE:                        February 2008


Summary
Council has previously sought public comment on the closure of Urandy Creek to assist closure of
Red Hill Road, which land locks Urandy Road. The period for public comment closed on Friday
27th April 2008.

Background
The Shire‟s intention to close the road was advertised by Statewide notice and through public
notice boards, as well as letters to service providers and community groups. Comments received
are summarised below.

Date Received    Name        Address                 Brief Summary
1st April 2008   Water       16 DeGrey Place         Water Corp has no
                 Corporation Karratha 6714           comments or objections to
                                                     the road closure
26th March       Horizon       510 Abernathy         Horizon Power have no
2008             Power         Road Kewdale          comments or objections to
                                                     the road closure


Comment
Two representations have been received neither of which object to the closure of the road.
There have been no objections to the closure of Urandy Creek Road.

Consultation
Chief Executive Officer
State Land Services
                               AGENDA – ORDINARY MEETING OF COUNCIL                 11
                                           17 JUNE 2008

Statutory Environment
S.58 Land Administration Act (1997)

Policy Implications
There are no policy implications relevant to this issue

Financial Implications
Reduction in road length will have minimal impact on FAGS funding

Strategic Implications
There are no strategic implications relevant to this issue

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council resolves to instruct the Chief Executive Officer to formally request the
Minister of Lands to close the section of Road Reserve no. 2100, Urandy Creek Road in
accordance with s.58 of the Land Administration Act 1997.
.



Author:       Debra Chapman                     Signature:

Manager:      Jeff Breen                        Signature:
                               AGENDA – ORDINARY MEETING OF COUNCIL                                       12
                                           17 JUNE 2008


     10.06.18     ENGINEERING SERVICES DECISION STATUS REPORT

        Council
        Meeting     Agenda
#                                Report Title                             Council Decision                                 Current Status
                     Ref.
        (mm/yy)
1.      04/08     10.04.07   Tom Price Primary      That Council                                                   Ongoing
                             School – Conversion                                                                   Community Consultation
                             of Creek Road Into a       1.) Support in principle, the changes to school precinct   commenced.
                             One-Way                        and conversion of Creek Road into a One-Way
                             Thoroughfare                   thoroughfare.

                                                        2.) Direct the CEO to seek public comment on the
                                                            proposal to make Creek Road one way

                                                       3.) Report back to Council for final approval to proceed
                                                           with making Creek Rd One Way
2.      04/08     15.04.05   RFT 01/08 Design,      That Council;                                                  Ongoing
                             Construction and                                                                      Tenderers notified, negotiations
                             Refurbishment of the       1. Resolves to appoint Aquatic Construction Services Pty   held with preferred Tenderer,
                             Vic Hayton Memorial           Ltd as the preferred Tenderer                           Contract awarded for design
                             Swimming Pool Tom                                                                     component.
                             Price                      2. Instructs the Executive Manager Engineering Services
                                                           to negotiate contract details with the preferred
                                                           Tenderer

                                                        3. Approves the Chief Executive Officer to award the
                                                           contract upon completion of satisfactory negotiations
                                                           and the securing of adequate funding.

3.      02/08     10.02.02   Closure of Urandy      That Council                                                   Finalised
                             Creek Road                1) Resolves to close Urandy Creek Road.                     Period for comment closed.
                                                       2) Directs the Chief Executive Officer to advertise the     See June report.
                                                           proposed road closure, in accordance with the
                                                           requirements of Section 58 of the Land Administration
                                                           Act 1997.
4.      12/07     10.12.29   Temporary Road         That Council                                                   Ongoing
                             Closure Yampire           1. Approves the temporary closure of Yampire Gorge          Signs have been delivered.
                             Gorge Road                    Road (all sections) for a period of twelve months, in   Awaiting installation.
                            AGENDA – ORDINARY MEETING OF COUNCIL                                         13
                                        17 JUNE 2008


     Council
     Meeting     Agenda
#                             Report Title                              Council Decision                                      Current Status
                  Ref.
     (mm/yy)
                                                        accordance with Section 3.50 of the Local Government
                                                        Act 1995.
                                                     2. Directs the Executive Manager Engineering Services to
                                                        implement signage and barrier work to prevent traffic
                                                        traversing the road.

5.   09/07     10.09.22   Paraburdoo Refuse      That Council approve the staffing of the Paraburdoo Tip and          Ongoing, gatehouse onsite,
                          Disposal Operational   restricting the opening times to the following                       boom gate ordered, site works
                          Changes                      7:30am – 3:30pm Tuesday to Saturday                           and clean up carried out.
                                                       7:30am – 12:30pm Sunday                                       Advertised in June community
                                                       Closed Monday and Public Holidays                             newsletter.
                                                 for a trial period of up to three months.

6.   07/07     10.07.19   Residential Land       That Council approves the staged development and sale of             Ongoing
                          Development – Tom      residential land in Tom Price as generally outlined in the report,   Met with DPI and surveyors.
                          Price                  subject to the costing of the project being incorporated into the    Awaiting information from PI re
                                                 Shire‟s budget for the 2007/08 financial year.                       utility extensions. Draft report
                                                                                                                      received, application for
                                                                                                                      services being prepared.
7.   06/07     10.06.15   Memorandum of          That Council;                                                        Ongoing
                          Understanding –               1. Approves the Memorandum of Understanding                   Approved at June 07 Council
                          National Park Roads               between the Shire of Ashburton and Department of          meeting. Awaiting formal sign
                                                            Environment and Conservation for the continued            off.
                                                            development of 'project based' activities that            Recent meeting with DEC
                                                            conserve biodiversity, facilitate access, enhance         indicated that some adjustments
                                                            visitor services and provide infrastructure               may be required to MoU. SoA
                                                            development and maintenance within the                    sign off pending report on
                                                            Millstream Chichester National Park.                      Council ongoing involvement
                                                           Approves the Memorandum of Understanding                   with National Park roads
                                                           between the Shire of Ashburton and Department
                                                           of Environment and Conservation for the continued
                                                           development of 'project based' activities that
                                                           conserve biodiversity, facilitate access, enhance
                                                           visitor services and provide infrastructure
                                                           development and maintenance within the Karijini
                                                           National Park.
                             AGENDA – ORDINARY MEETING OF COUNCIL                                      14
                                         17 JUNE 2008


      Council
      Meeting     Agenda
#                              Report Title                          Council Decision                                         Current Status
                   Ref.
      (mm/yy)
8.    06/07     10.06.16   Yampire Gorge      That Council                                                          Ongoing
                           Road – Temporary      1. After considering the submissions received, proceed
                           Road Closure              with the closure of vehicle traffic to part of Yampire         Closure process complete.
                                                     Gorge Road defined as being three (3) kilometers north         Signage delivered.
                                                     of the Banjima Drive intersection and extending to ten
                                                     (10) kilometres south of the Nanutarra Munjina Road in
                                                     accordance with Section 3.50 of the Local Government
                                                     Act 1995, for a period of eighteen (18) months.
                                                 2. That Council instructs EMES to place signage to this
                                                     effect, with advice from Main Roads Pilbara Region.
                                                 3. That EMES notify DEC Local emergency authorities,
                                                     and LGIS as to the continued closure of the road.
                                                 4. Commence the process for closing the two remaining
                                                     sections for a period to coincide with the current 18
                                                     months.

9.    05/07     10.05.13   Proposed Sale of   That Council;                                                         Ongoing
                           Land – Lot 308        1. Directs the EMES to carry out a preliminary subdivision         Preliminary Design work being
                           Boonderoo Road,           design for the vacant Lot 308 Boonderoo Rd land                undertaken
                           Tom Price                 owned by the Shire.                                            Met with DPI and surveyors.
                                                                                                                    Meeting held with PI re
                                                  2. Directs the EMES to seek a valuation of the proposed           Boonderoo Rd.
                                                     subdivision and prepare a detailed cost estimate for all       PI agree in principle, details of
                                                     works including survey, design and construction.               timing, construction and cost
                                                                                                                    sharing to be negotiated.
                                              Subject to financial viability, directs the CEO to call tenders for   Awaiting advice from RTIO
                                              the subject land subject to the proviso that subdivision of the       regarding provision of utilities.
                                              land, availability of title and provision of services be completed    Draft water services report
                                              within 6 months of the sale, and the tender be on the basis that      received. Still awaiting electricity
                                              there is no requirement to accept any tender                          report.
10.   04/07     10.04.07   Relocation of       1. That the new Onslow Landfill Site be located adjacent to          Ongoing
                           Onslow Landfill        Onslow Road, 17km from Onslow as identified as Site 3 by          Met with DPI re land tenure,
                                                  the consultant, Sinclair Knight Mertz in its report titled
                                                  „Onslow Landfill Options‟ subject to environmental approvals      Heritage and flora surveys
                                                  being forthcoming.                                                complete, no issues raised.
                                              2. That following relevant approvals being obtained for Site 3,
                                                 the site be used as the new Onslow Landfill Site. Further, a       Survey expected June / July
                              AGENDA – ORDINARY MEETING OF COUNCIL                                           15
                                          17 JUNE 2008


      Council
      Meeting     Agenda
#                               Report Title                               Council Decision                                       Current Status
                   Ref.
      (mm/yy)
                                                       transfer station be established on the existing landfill site in   2008.
                                                       Eagle Nest Rd following closure and rehabilitation of that
                                                       site.
                                                    3. That funds amounting to $100,000 be transferred from the
                                                       Urban Road Maintenance Account No E121045 (Spent to
                                                       Date $135,000 from budget $410,000) and that a new
                                                       account be established to carry out further investigative
                                                       works on Site 3 prior to seeking approvals and final design.
11.   12/06     10.12.26    Closure of Dedicated    That Council                                                          Ongoing
                            Road No. 1009 –              (a) Agreed the closure of the Road No.1009 – Red Hill to         Process completed. Responses
                            Red Hill to Mt Stuart            Mt Stuart Road                                               sent to DPI. Awaiting final
                                                         (b) Directs the EMES to advertise the proposed closure in        confirmation before proceeding
                                                             accordance with the Land Administration Act 1997,            with signage and closure
                                                             Section 58, and report back to Council.                      measures.
                                                                                                                          Awaiting DPI finalisation.
12.   07/05     10.07.757   Closure of dedicated    That Council in accordance with Section 58 of the Land                Ongoing
                            road no. 1718 –         Administration Act 1997, request the Minister for Lands to close      Process completed. Responses
                            Hamersley Station to    the section of road reserve No. 1718 as described in the              sent to DPI. Awaiting final
                            Rocklea Station         Government Gazette dated 18 December 1903, west of the                confirmation before proceeding
                                                    Tom Price-Paraburdoo Road.                                            with signage and closure
                                                                                                                          measures.
                                                                                                                          Awaiting DPI finalisation.
                              AGENDA – ORDINARY MEETING OF COUNCIL                            16
                                          17 JUNE 2008

11.06.0      COMMUNITY & ECONOMIC SERVICES REPORTS

11.06.11 LICENCE AGREEMENT FOR TOM PRICE SQUASH RACQUETS
         ASSOCIATION

FILE REFERENCE:                    EA.R.42659

AUTHOR’S NAME AND                  Penny Body
POSITION:                          Administration Officer/Housing & Leasing

NAME OF APPLICANT/                 Tom Price Squash Racquets Association
RESPONDENT:

DATE REPORT WRITTEN:               30 May 2008

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

PREVIOUS MEETING                   Agenda Item 8.05.164 Ordinary Meeting of Council
REFERENCE:                         16 May 2000

Summary
To seek Council Approval to grant Tom Price Squash Racquets Association a new Licence
Agreement for the lease on portion of Reserve 40835.

Background
In 1985 The Tom Price Squash Racquets Association (Inc) borrowed $100,000.00 from Council to
be expended towards payment of the cost of carrying out certain improvements to the Tom Price
Squash Centre. The loan was to be repaid over 20 years. In May 2000, however the Council
wrote off a debt of $116,147.15 as the club did not have the means to achieve it‟s repayments.

It was also the Council‟s Recommendation to cancel the lease between the Shire and Tom Price
Squash Racquets. While the lease was cancelled, the club remained in occupation of the
premises due to the fact that the club was sent a letter in May 2000 advising that it could remain in
the building while the future of the building was decided.

Over the years the Committee Members have moved on and those positions have now been filled
by new members. Therefore it was put to council to enter into a new Licence Agreement in June
2005. Council‟s Decision was to enter into a Licence Agreement for 5 years from 1 July 2005.

It appears that this Licence Agreement was also not produced.
                               AGENDA – ORDINARY MEETING OF COUNCIL                        17
                                           17 JUNE 2008



Comment
As the club is now more viable than was previously and is run by new Committee, it is proposed to
formalize the club‟s occupation of the premises by entering into a new, five year licence
agreement.

A copy of the proposed licence agreement is attached.

                                                                        ATTACHMENT 11.06.11

Consultation
Chief Executive Officer
Executive Manager of Community & Economic Services

Statutory Environment
There are no known statutory implications in regard to this matter.

Policy Implications
Council Policy REC.05 – Establishment of Sporting & Community Group Leases

Financial Implications
Council would receive income of $300.00 per year.

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

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council enters into a new Licence Agreement (attachment 11.06.11) for five years with
Tom Price Squash Racquets Association for $300.00 per year.




Author :    Penny Body                    Signature :

Manager : Larry Softley                   Signature :
                               AGENDA – ORDINARY MEETING OF COUNCIL                               18
                                           17 JUNE 2008

11.06.12      TOM PRICE SHIRE OFFICE – RENOVATION

FILE REFERENCE:                     TO.PO.246

AUTHOR’S NAME AND                   Larry Softley
POSITION:                           Executive Manager
                                    Community & Economic Services

NAME OF APPLICANT/                  Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:                4th June 2008

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

PREVIOUS MEETING                    Not applicable
REFERENCE:

Summary
The Tom Price Shire Office complex is in urgent need of renovations in order to accommodate
new and existing staff members and to comply with the Building Code of Practice Office Space
Regulations. It is also in need of internal painting.

This report details the cost of the proposed works. It also comments on the need for Council to
consider the long term future of the existing office.

Background
Recent staff appointments have resulted in many previously unfilled staff positions now been filled.
One outcome of this increase in staff has been the significant shortage of office space in the Tom
Price office.

It is further noted that it is sometime since the offices were internally painted, with the result that a
less than attractive environment is available to staff and visitors alike.

It is proposed to make provision in the 2008/09 Budget to cover the cost of making modifications to
the existing offices in order to ensure that the Building Code of Practice Office Space Regulations
are satisfied. It is also proposed to internally paint the premises.

Comment
The plan for additional office space begins with the relocation of the Building and Maintenance
Section of the Development Services Division to the depot where staff will be housed in a purpose
built portable office complex furnished with new office furniture, computers, fax and phone.

It is also proposed to place a portable fire proof building outside the Shire offices building, in the
car park, adjacent to the existing records office, in order to house all Shire records. This will
release office space for four staff members.
                               AGENDA – ORDINARY MEETING OF COUNCIL                           19
                                           17 JUNE 2008



Further renovations will be effected by moving the wall structure from the meeting room adjacent
to the reception area, in order to enable the finance section to expand to meet their staffing
accommodation requirements.

Below are some indicative costs of the renovations that have been quoted by the Executive
Manager Development Services:

Poinciana St
Portable office building 6 x 3                             $ 12,055
Transport of buildings                                     $ 9,900
Remove wall in Finance                                     $    200
New partition in Records                                   $    200
Remove windows in Records                                  $ 2,000
New doorway in Records                                     $ 1,200
Remove walls in Engineering                                $ 5,000
Install new walls in Engineering office                    $ 3,000
New carpet to new offices                                  $ 6,000
Painting new office areas                                  $ 30,000
Phone and internet                                         $ 2,000
Office partitioning                                        $ 25,000
New blinds                                                 $ 6,000
Tiling corridors                                           $ 20,000


Depot
Portable office building 12 x 3                            $ 25,533 inc. GST
Power, phone and internet lines to new donga               $ 6,000
including wiring
Cost to set up and tie down new donga                      $ 2,000


                            Total costs                    $156,088

It is noted that it is proposed to keep the works and renovations to a minimum while the future of
the existing Shire offices is under review as a part of the Tom Price Structure Plan Study. It is in
this context that it is noted the elements of the proposed upgrade (eg the portable office buildings)
will be available for other uses, in the event of new office facilities being constructed.

Consultation
Chief Executive Officer
Executive Management Team

Statutory Environment
Building Code of Australia, Standards Australia

Policy Implications
There are no policy implications relative to this issue.
                               AGENDA – ORDINARY MEETING OF COUNCIL                             20
                                           17 JUNE 2008



Financial Implications
There are financial implications relative to this issue, costs of $156,088 not budgeted for in the
current fiscal year.

Strategic Implications
Shire of Ashburton Strategic Plan (Incorporating Plan for the Future) 2007-2011
       Strategic Objective 6. A Well Managed and Contemporary Corporation
       Review the Shire‘s staff requirements for the immediate and long term

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council approve the renovation of the Tom Price Shire Office, and associated works at
the Shire Depot in Tom Price, to the value of $156,100 and that these costs be included into
the Draft 2008/09 Budget.




Author : Larry Softley                   Signature :

Manager : Keith Pearson                  Signature :
                              AGENDA – ORDINARY MEETING OF COUNCIL                             21
                                          17 JUNE 2008

11.06.13     REVIEW OF COUNCIL POLICIES - ADMINISTRATION

FILE REFERENCE:                  OR.CN.1/AS.RE.6

AUTHOR’S NAME AND                Donna Reid
POSITION:                        Administration Manager

NAME OF APPLICANT/               Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:             4 June 2008

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

PREVIOUS MEETING                 Agenda Item 12.12.1085, Ordinary Meeting of Council 9
REFERENCE:                       December 2003.


Summary
The Administration has conducted a review in relation to the four Administration Policies and these
are now being presented to Council for amendment.


Background
At least once every financial year in accordance with Council Policy ADM01 a review of all Council
Policies are to be conducted.

Comment
A review of the four Administration policies has been undertaken following consultation with the
Executive Management Team, Administration Manager and Records Administrator. These policies
are now being presented to Council for adoption.

Three Council Policies( ADM01 “Policy Manual Review‖, ADM03 “Flying of Flags – Council
Buildings and ADM04 “Records Management‖) have been reviewed and no amendments are
proposed.

                                                                  ATTACHMENT 11.06.13 ADM01
                                                                 ATTACHMENT 11.06.13a ADM03
                                                                 ATTACHMENT 11.06.13b ADM04

The fourth policy, Council Policy ADM02 “Video Conferencing‖, refers to management of the
conferencing facility through the Pilbara Regional Council (PRC). In 2005 the PRC handed
responsibility for the equipment to each member Council to operate individually and for them to
pay the operational costs.

It is proposed to revoke the previous policy and adopt a new policy in order to reflect this change
                                AGENDA – ORDINARY MEETING OF COUNCIL                22
                                            17 JUNE 2008

in management responsibility.

The proposed policy is attached for Council‟s consideration.
                                                               ATTACHMENT 11.06.13c ADM02

Consultation
Executive Management Team
Administration Manager
Records Administrator
Information Technology

Statutory Environment
Local Government Act 1995
Flags Act 1953
State Records Act 2000
Public Sector Management Act 1994

Policy Implications
Council Policy ADM01 – Policy Manual Review
Council Policy ADM02 – Video Conferencing
Council Policy ADM 03 – Flying of Flags
Council Policy ADM04 – Records Management

Financial Implications
There are no financial implications relevant to this issue.

Strategic Implications
Strategic Objective 6 – A Well Managed and Contemporary Corporation
Statutory Compliance, Compliance with Shire of Ashburton procedures and policies.

Voting Requirement
Simple Majority Required.

Officers Recommendation

That Council

   1. Revoke the previous Council Policy ADM02 “Video Conferencing” and adopt a new
      policy as per the attachment 11.06.13c

   2. Notes the review of Council Policies ADM01 “Policy Manual Review”, ADM03 “Flying
      of Flags – Council Buildings” and ADM04 “Records Management” and endorses
      these with no amendments.
                           AGENDA – ORDINARY MEETING OF COUNCIL   23
                                       17 JUNE 2008



Author:    Donna Reid                    Signature:

Manager:   Larry Softley                 Signature:
                              AGENDA – ORDINARY MEETING OF COUNCIL                             24
                                          17 JUNE 2008

11.06.14     PROPOSAL TO COMBINE THE PARABURDOO SHIRE OFFICE AND
             PARABURDOO LIBRARY


FILE REFERENCE:                    AS.R.42331 ; PA.AS.811

AUTHOR’S NAME AND                  Larry Softley
POSITION:                          Executive Manager
                                   Community & Economic Services

NAME OF APPLICANT/                 Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:               10 June 2008

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

PREVIOUS MEETING                   Not applicable
REFERENCE:

Summary
This report to Council addresses the desirability of relocating the Shire office at Paraburdoo into a
newly renovated office complex next to the Paraburdoo Library.

Synergies of co-existence will not only result in cost savings, but will also address risk
management of human resources. It will also be possible to provide a better service to the
community.

Background
The Shire Office at Paraburdoo is located in the main Paraburdoo shopping complex in a shared
office arrangement with United Credit Union (UCU). Office hours are 8.00am to 5.00pm Monday
through to Friday and the facility is managed by only one office employee.

When this employee takes time off at short notice it is difficult to arrange a replacement, hence the
office has to close.

It is noted that the existing office shared by the Shire and United Credit Union (UCU) is owned by
the Shire.

Comment
The presence of an office front for the Shire of Ashburton (SOA) at Paraburdoo is essential if the
community and other stakeholders are to have a point of contact which meets their needs. When
the Paraburdoo Customer Service Officer is not able to open the office it causes inconvenience to
the community and stakeholders alike.
                               AGENDA – ORDINARY MEETING OF COUNCIL                              25
                                           17 JUNE 2008

The relocation of the Shire office would have the benefit improving risk management (for much of
the time the Shire office is open there is only one staff member in attendance) and would offer
some opportunity of staff sharing during busy periods.

After renovations at a cost estimated to be $45,000.00, the Shire office would consist of a front
office reception accessible from the library, a meeting room adjacent to reception, toilet / bathroom
facility (currently there are no existing services, staff at the Library have to use public toilets) off
passage that leads to another office and a storeroom that is accessed from the library kitchen.

                                                                             ATTACHMENT 11.06.14

Obviously, if the Shire administration is relocated, the existing office space will become available
to others

As was previously noted the existing Shire office is shared with UCU.

Initially UCU‟s rent was free for the first two years. This was agreed to in order to ensure a
financial service was available to the Paraburdoo community ( then estimated at 650 residents). It
was expected that once UCU was established in the community the rent would increase.

In November 2001 a new lease agreement for a two year term was entered into with the rent being
set at $550.00 per month, UCU was required to pay electricity usage as well as cleaning costs,
however, the writer has confirmed that SOA have not passed on any electricity or cleaning cost
charges to date (this matter is presently being attended to).

During recent negotiations with UCU‟s Charles Gaudoin, Manager Administration, Business
Services Department, the writer (after seeking advice from SOA CEO, Cr. Rumble and Cr. Diaz)
attempted to negotiate a suggested rental of $400.00 per week ($1733.33 per month) for the
whole premises. In addition UCU would be responsible for the payment of utilities, such as power
and water (with billing in their own name) and cleaning services.

Charles Gaudoin advised that UCU had been contemplating to extend their opening hours from
three days a week (Monday, Wednesday & Friday) to trading the five weekdays, however, after
the SOA‟s suggested increase in rental for the premises UCU have to consider their options and,
decide if it is economically viable for UCU to continue to trade at Paraburdoo.

Irrespective of whether Council relocates its administration to an area within the library the matter
of the UCU lease needs to be addressed.

It is proposed that if the agreement cannot be reached with UCU in relation to a new lease, then
expressions of interest be called for the premises.

Consultation
Chief Executive Officer
Cr Rumble
Cr Diaz
United Credit Union
Executive Manager Community & Economic Services
                               AGENDA – ORDINARY MEETING OF COUNCIL                             26
                                           17 JUNE 2008

Shire of Ashburton Employees

Statutory Environment
Local Government Act 1995, Section 3.58

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

Financial Implications
There are financial implications relative to this issue, costs of $45,000.00 not budgeted for in the
current fiscal year. Savings with staffing costs and, increased rental for the existing SOA office
(unquantified) would result

Strategic Implications
Shire of Ashburton Strategic Plan 2007-2011 (Incorporating Plan for the Future)
Strategic Objective 6 : A Well Managed & Contemporary Corporation

Voting Requirement
Simple Majority Required

Officers Recommendation

   That Council;

   1. Approve renovation costs estimated at $45,000.00 to move the existing Paraburdoo
      Office, jointly occupied by UCU in the main shopping walkway, to a location next to
      the Parburdoo Library with provision being made in the 2007/08 Financial Budget;

   2. Instruct the Chief Executive Officer to arrange a new five year lease agreement
      between the Shire of Ashburton and UCU for occupying the whole premises
      incorporating the following;

          a. Rental value of $400.00 per week
          b. UCU are to be responsible for their own utilities (ie Power, Water) and cleaning
             costs;

   3. If negotiations are unsuccessful with UCU, instructs the Chief Executive Officer to
      call for Expressions of Interest for the lease of the building and report back to
      Council.




Author : Larry Softley                    Signature :

Manager : Keith Pearson                   Signature :
                                AGENDA – ORDINARY MEETING OF COUNCIL                                       27
                                            17 JUNE 2008


11.06.15                COMMUNITY & ECONOMIC SERVICES DECISION STATUS REPORT


        Council    Agenda
#       Meeting                     Report Title                               Council Decision                                  Current Status
                    Ref.
       (mm/yy)
    1. 05/08      11.05.08   Review of Council Policies    Requests the Chief Executive Officer to conduct a further     Ongoing
                             – Recreation & Culture        review in relation to Council Policies REC04, REC05 and
                                                           REC07 and report back to Council.

    2. 05/08      11.05.09   Proposed Tom Price            That Council;                                                 Ongoing
                             Structure Plan & Town            1. Form a Tom Price Structure Plan and Town Centre         Initial discussions held with
                             Centre Revitalisation Plans          Revitalisation Working Group, consisting of Cr         DPI. Written invitations sent to
                                                                  Bloem, Cr Martin & Cr Fernandez, Chief Executive       proposed working group
                                                                  Officer, Executive Manager Community and               members inviting them to
                                                                  Economic Services, Executive Manager                   participate.
                                                                  Engineering Services, representative of
                                                                  Department for Planning & Infrastructure,
                                                                  representative of Department of Industry and
                                                                  Resources, representative of Department of
                                                                  Environment & Conservation, representative of
                                                                  Landcorp, representative of Rio Tinto Iron Ore P/L,
                                                                  and representative of Pilbara Development
                                                                  Commission
                                                              2. Instruct the Chief Executive Officer to make
                                                                  provision for $50,000 towards the cost of preparing
                                                                  the Tom Price Structure Plan and Town Centre
                                                                  Revitalisation Strategy in the draft 2008/09 Budget.

       1
    3. 02/08      11.02.01   Reconstruction of Vic         That Council;                                                 Ongoing
                             Hayton Memorial                                                                             Design component of Tender
                             Swimming Pool                  1. Directs the CEO to secure the necessary funding to        has been confirmed with
                                                            refurbish the Vic Hayton Memorial Pool;                      successful tenderer.
                                                                                                                         Negotiations are taking place
                                                            2. Providing that the necessary funds are available,         in relation to “construct”
                                                            resolves to refurbish the Vic Hayton Memorial Pool           component.
                                                            generally in the following manner;                           Pilbara Iron invoiced for their
                                                                                                                         portion $750,000 of funding.
                                                            o Refurbishment of the existing pool, retaining it as a      Advised by PDC that RIFP
                                                            50metre, six lane facility including removal of the          funding & cabinet submission
                                                            surrounding upstand, increase in return water gutter         to go before Cabinet 18 June.
                                  AGENDA – ORDINARY MEETING OF COUNCIL                                       28
                                              17 JUNE 2008

         Council    Agenda
#        Meeting                     Report Title                                Council Decision                                 Current Status
                     Ref.
        (mm/yy)
                                                              capacity, installation of a semi-wet deck, installation of
                                                              new waterstop joints, tiling and provision of new
                                                              hardware
                                                              o Upgrade of balance tank and plant room including
                                                              new pumps and filtration system and extension of plant
                                                              room
                                                              o Demolition of existing toddler‟s pool and construction
                                                              of new toddler‟s of semi – circular shape with radius
                                                              3.81m and depth 230mm to 300mm connected to a
                                                              children‟s pool, being a rectangular pool with curved
                                                              sides 6.1m x 12.8m and depth 760mm to 910mm.
                                                              o Demolition and construction of concrete concourse
                                                              including new drainage
                                                              o Upgrade lighting to required standard
                                                              o Refurbishment of existing office, kiosk, change rooms
                                                              and toilets;

                                                              3. Providing that the necessary funds are available,
                                                              resolves to direct the Executive Manager Community &
                                                              Economic Services to call a Design and Construct
                                                              Tender for the works

    4. 02/08
       2           11.02.02   Proposed Community Bus –       That Council instruct the Chief Executive Officer to          Ongoing
                              Tom Price                      investigate the options (including the tabled documentation   Subject to a report to June
                                                             by Cr Fernandez) for a community bus service for Tom          2008 meeting.
                                                             Price and report back to the May 2008 council meeting
    5. 02/08
       3           11.02.03   Proposed Licence –             That Council grant a Licence, for the purpose of dual         Finalised.
                              Paraburdoo Netball             use of the west end of the Paraburdoo Sports Pavilion         Licence signed by all parties.
                              Association / Paraburdoo       facing south opposite the swimming pool, by the
                              Swimming Club - Part           Paraburdoo Netball Association and Paraburdoo
                              Community Sports               Swimming Club, for a term of 5 years, using the Shire‟s
                              Complex Paraburdoo             standard Licence Agreement for community non profit
                                                             groups, including a rental arrangement of $200.00 per
                                                             year.
    6   10/07      12.10.69   Draft Tourism Policy       –   That Council review and comment on the draft Regional         Ongoing.
                                                                                                       th
                              Pilbara Regional Council       Tourism Plan (Attachment 12.10.69) by 30 November 2007        EMCES has attended meeting
                                                             to the Pilbara Regional Council.                              with representatives from
                                                                                                                           PRC Council‟s.
                                                                                                                           PRC has adopted draft policy
                                                                                                                           at its May 2008 meeting.
                                  AGENDA – ORDINARY MEETING OF COUNCIL                                     29
                                              17 JUNE 2008

         Council    Agenda
#        Meeting                      Report Title                             Council Decision                                  Current Status
                     Ref.
        (mm/yy)
    7   08/07      11.08.09    Expressions of interest     That Council                                                  Ongoing.
                               reserve 39204 Tom Price             a) Invite expressions of interest from persons or     Awaiting comment from DPI in
                               (Archery Site)                           community groups interested in entering into a   regards to Management of
                                                                        License Agreement to occupy Reserve 39204        Reserve and restrictions.
                                                                   b) That any proponent be required to seek
                                                                        necessary approvals and site clearance as part
                                                                        of their expressions of interest.
    8   12/05      11.12.364   Sports Pavilion Tom Price   That Council invites Expressions of Interest from             Ongoing
                               – Expression To Lease       Community and Sporting Clubs interested in entering into a    Letter sent to activity groups
                                                           License Agreement to occupy the Tom Price Sports              advising that unless
                                                           Pavilion situated on Reserve 42659.                           reasonable progress can be
                                                                                                                         shown this matter will be
                                                                                                                         subject of report
                                                                                                                         recommending that new
                                                                                                                         Expressions of Interest be
                                                                                                                         called, will be submitted to
                                                                                                                         July 2008 meeting.
    9   12/05      11.12.368   Tom Price Entry Statement   That Council grant approval to the Tom Price Tourism          Ongoing
                                                           Committee for the establishment of a Tom Price Entry          Discussions between EMCES
                                                           Statement on Mine Road Tom Price, and wishes to               and the Tom Price Business
                                                           consider further options for the Entry Statement as these     Association.
                                                           may relate to location and the nature of the structure.
10      12/05      11.12.369   Tom Price Area W Civic      That Council:                                                 Ongoing
                               Centre                      1.      Include $40,000 for consideration in the 2006/07      Letter sent to activity groups
                                                           draft budget for repairs to the Area W Civic Centre subject   advising that unless
                                                           to successful grant funding being obtained by the             reasonable progress can be
                                                           Children‟s Activity Centre Group.                             shown this matter will be
                                                           2.      Include $5,000 in the 2006/07 draft budget for        subject of report
                                                           consideration as a donation towards operational costs by      recommending that new
                                                           the Children‟s Activity Centre Group provided they            Expressions of Interest be
                                                           undertake cleaning of the toilets when utilized by netball    called, will be submitted to
                                                           and basketball.                                               July 2008 meeting.
                                                           3.      Meet the cost of water at the Area W Civic Centre
                                                           and include this clause in the draft licence agreement.
                              AGENDA – ORDINARY MEETING OF COUNCIL                          30
                                          17 JUNE 2008



12.06.0      CORPORATE SERVICES REPORTS

12.06.27     COMPLIANCE AUDIT RETURN – DEPARTMENT OF LOCAL
             GOVERNMENT AND REGIONAL DEVELOPMENT

FILE REFERENCE:                   OR.IG.2.13

AUTHOR’S NAME AND                 Brooke Shields
POSITION:                         Executive Assistant CEO

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              04 June 2008

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

PREVIOUS MEETING                  Not Applicable
REFERENCE:

Summary
Each Local Government is to carry out a Compliance Audit annually for the period of
1 January to 31 December.

The return for the year 2007 is presented to Council for adoption.

Background
Section 7.13 (i) of the Local Government Act 1995 contains provisions for the making of
regulations requiring local governments to carry out, in the manner and form prescribed, an audit
of compliance whether of a financial nature or not.

The Return is considered a very useful device for local governments to check their level of
compliance with the legislative requirements of the Local Government Act 1995. Also, the Return
forms an important part of the Shire‟s monitoring program. There is a legal requirement to
annually complete the Return.

Comment
The Statutory Compliance Return for the period 1 January 2007 to 31 December 2007 is
attached.
                                                                ATTACHMENT 12.06.27

It is emphasised that the contents of Compliance Audit vary each year. For this reason it is not
possible to directly compare the current audit with that for past years.
                                AGENDA – ORDINARY MEETING OF COUNCIL                         31
                                            17 JUNE 2008

The previous years audit (ie 1 January – 31 December 2006) did, in fact, identify a number of
areas where it was not possible to ascertain whether there was compliance or not, due to staff
changes and lack of records. That review did, however, identify a number of areas of deficiency.
of particular concern were tendering processes and delegations. Attention has been given to the
areas of concern during the year under review, with the result that outstanding matters have been
addressed.

The current review has been adversely impacted upon by those parts of the Compliance Audit
relating to the auditing of the Annual Accounts. Administration, has experienced significant delays
in obtaining the Shire‟s final accounts from the Shire Auditors. This is despite several
undertakings by the Auditors to complete the audit by specific dates. This matter will be the
subject of a separate report to the July 2008 meeting of Council.

Statutory Environment
    Section 7.13 (i) of the Local Government Act 1995; and
    Audit Regulation 13.

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

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

Strategic Implications
Shire of Ashburton Strategic Plan (Incorporating Plan for the Future) 2007/2011
Strategic Objective 6 – A Well Managed and Contemporary Organisation
   4.     Statutory Compliance, compliance with Shire of Ashburton procedures and policies.

Voting Requirement
Simple Majority Required

 Officers Recommendation

 That Council:

    1. Adopts the Compliance Return, as attached, as the official Return of the Council
       for the period 1 January 2007 to 31 December 2007 and forward it to the
       Executive Director of the Department of Local Government.




Author :      Brooke Shields                         Signature :

Manager :     Keith Pearson                          Signature :
                               AGENDA – ORDINARY MEETING OF COUNCIL                          32
                                           17 JUNE 2008

12.06.28      USE OF COMMON SEAL UNDER DELEGATED AUTHORITY

FILE REFERENCE:                     AS.AS

AUTHOR’S NAME AND                   Brooke Shields
POSITION:                           Executive Assistant to Chief Executive Officer

NAME OF APPLICANT/                  Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:                04 June 2008

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

PREVIOUS MEETING                    Not Applicable
REFERENCE:

Summary
This report details the use of the Common Seal of the Shire of Ashburton under Delegated
Authority.

Background
At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined a proposal to
regularly inform Council of details relating to the use of the Common Seal.

Comment
The Common Seal has been affixed to the following documents since 20 May 2008.

Seal 260      Contract Agreement between Shire of Ashburton and Aquatic Construction Services –
              Tom Price Swimming Pool Re-development x 2

Consultation
Chief Executive Officer

Statutory Environment
Section 9.49 of the Local Government Act 1995.

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

Financial Implications
There are no specific financial implications related to this issue.

Strategic Implications
Strategic Plan 2007-2011 (Incorporating Plan for the Future)
                             AGENDA – ORDINARY MEETING OF COUNCIL                        33
                                         17 JUNE 2008

      6 – Well Managed and Contemporary Corporation
      Statutory Compliance, compliance with Shire of Ashburton procedures and policies

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council note the contents of this report.




Author :     Brooke Shields                      Signature :

Manager :    Keith Pearson                       Signature :
                              AGENDA – ORDINARY MEETING OF COUNCIL                          34
                                          17 JUNE 2008

12.06.29     REQUEST FOR COUNCILLOR TRAINING

FILE REFERENCE:                   OR.CR.2

AUTHOR’S NAME AND                 Brooke Shields
POSITION:                         Executive Assistant CEO

NAME OF APPLICANT/                Cr Linton Rumble, Paraburdoo Ward
RESPONDENT:                       Cr Cecilia Fernandez, Tom Price Ward

DATE REPORT WRITTEN:              08 June 2008

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

PREVIOUS MEETING                  Not Applicable
REFERENCE:

Summary
In accordance with Council Policy ELM05 “Councillor Training”, Council is required to endorse
training for Councillors.

Cr Rumble and Cr Fernandez have requested to attend the elected member courses that WALGA
is conducting in conjunction with the Local Government Convention, late July and early August.

Background
Every year WALGA organises Elected Member development modules on days leading up to and
after the Local Government Convention. The benefit allows for regional councils to participate in
training whilst in Perth, thus minimising travelling costs.

This year the Convention runs from the Thursday 31 July 2008 until Saturday 01 August 2008
(inclusive).

The courses that both Cr Rumble and Cr Fernandez have chosen to participate in are as follows :

Monday 28 July 2008        Module 6. Strategic Planning (Half Day)
Monday 28 July 2008        Module 7. Local Government Finance (Half Day)
Tuesday 29 July 2008       Module 15. Sustainable Asset Management (Full Day)
Sunday 03 August 2008      Module 5. Meetings (Full Day)
Monday 04 August 2008      Module 9. Ethics and Conduct of an Elected Member (Half Day)
Monday 04 August 2008.     Module 3. Performance Appraisals of the CEO (Half Day)

Attached are copies of the course content for Councils information.
                                                                        ATTACHMENT 12.06.29

Comment
                              AGENDA – ORDINARY MEETING OF COUNCIL                          35
                                          17 JUNE 2008

An amount of $40,000 has been budgeted in the Draft Budget 2008/2009 for Councillors Training
and Travelling.

Section 5.98 of the Local Government Act 1995, provides:

―(2)   A council member who incurs an expense of a kind prescribed as being an expense

       (a)   to be reimbursed by all local governments; or
       (b)   which may be approved by any local government for reimbursement by the local
             government and which has been approved by the local government for
             reimbursement, is entitled to be reimbursed for the expense in accordance with
             subsection (3).

(3)    A council member to whom subsection (2) applies is to be reimbursed for the expense —

(a)    where the minimum extent of reimbursement for the expense has been prescribed, to that
       extent; or
(b)    where the local government has set the extent to which the expense can be reimbursed
       and that extent is within the prescribed range (if any) of reimbursement, to that extent.‖

Regulation 32 of the Local Government (Administration) Regulations 1996 provides that the
following are expenses that may be approved for reimbursement in accordance with sections
5.98(2)(b) and (3):

―(1)   For the purposes of section 5.98(2)(b), the kinds of expenses that may be approved by any
       local government for reimbursement by the local government are —

       (a)   an expense incurred by a council member in performing a function under the
             express authority of the local government;
       (b)   an expense incurred by a council member to whom paragraph (a) applies by reason
             of the council member being accompanied by not more than one other person while
             performing the function if, having regard to the nature of the function, the local
             government considers that it is appropriate for the council member to be
             accompanied by that other person; and
       (c)   an expense incurred by a council member in performing a function in his or her
             capacity as a council member.

(2)    The extent to which an expense referred to in subregulation (1) can be reimbursed is the
       actual amount, verified by sufficient information.‖

Below is the breakdown of costs per person to attend the elected member courses;

Registration Fees :              $1188.00
Accommodation :                  $ 975.00 (5 nights extra from the Convention)
Meal Allowances :                $ 205.00
Miscellaneous :                  $ 100.00 (ie Taxi Costs)
Flights :                        Included within the Convention cost
                                AGENDA – ORDINARY MEETING OF COUNCIL                                36
                                            17 JUNE 2008

TOTAL                               $2468.00 each

In accordance with Council Policy ELM05 “Councillor Training” an attendance application form is
to be completed. A copy of the Councillor‟s request is attached for Council‟s reference.

                                                                             ATTACHMENT 12.06.29a

Cr Rumble has also stated in writing, that he is willing to reduce his annual sitting fee allowance
to cover the expenses of this training.

Advice received from the Department of Local Government and Regional Development is that
Councillors opt to either be paid the Allowance that is adopted by Council or not to receive an
allowance at all. There is no provision to reduce sitting fees on an individual basis.

This is not to say that a Councillor cannot use their allowance to pay and organise training that is
above and beyond the Council‟s training budget.

Consultation
Chief Executive Officer
Councillor Rumble
Councillor Fernandez

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

Policy Implications
Council Policy ELM05 “Councillor Training”
Council Policy ELM06 “Councillors/Staff Accommodation, Travel and Incidental Expenses whilst
on Council Business”

Financial Implications
The additional cost of $5000 falls within the allocation of $40,000 in the Draft Budget 2008/2009
for Councillors travelling / training expenses.

Strategic Implications
There are no strategic implications relative to this issue. Councillor training is not identified within
the Shire of Ashburton Strategic Plan (incorporating Plan for the Future) 2007-2011

Voting Requirement
Simple Majority Required.

Officers Recommendation

That Council endorse Cr Fernandez’s and Cr Rumble’s request to participate in the
WALGA Elected Member Development program as set out in attachment 12.06.29a and
budgeted for in the 2008/2009 draft budget.
                            AGENDA – ORDINARY MEETING OF COUNCIL   37
                                        17 JUNE 2008




Author:    Brooke Shields                 Signature:

Manager:   Keith Pearson                  Signature:
                              AGENDA – ORDINARY MEETING OF COUNCIL                           38
                                          17 JUNE 2008

12.06.30     REQUEST FOR WRITE OFF OF MISCELLANEOUS DEBTORS

FILE REFERENCE:                   FI.RA

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

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:               10 June 2008

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

PREVIOUS MEETING                  Agenda Item 12.05.24 Ordinary Meeting of Council 20
REFERENCE:                        May 2008

Summary
Council requested more information in relation to this matter. On further investigating the
accounts put forward for write off, it was concluded that it would be more appropriate to reverse
the invoices in two instances.

Background
This item was presented to Council in May 2008, requesting Council write off accounts in the
name of BA Thomas (invoice 2213), Crawford and Company (Inv 6286) and Infringement Debtors
(Misc invoices). Council requested the matter lay on the table for further information to be
presented.

Comment
On further investigation it was discovered that both the invoices for BA Thomas and Crawford and
Company where incorrectly raised and on further discussion with the Debtors, an agreement to
reverse the invoices has been reached. There leaving no implications in place for the debtors.

The Infringement Debtors reference is an unusual entry that appears to have be miscellaneous
outstanding infringements at the time of the transfer from Authority to Quickbooks ( 2005) and the
transfer of Quickbooks to Synergy (2007).

      A General Journal entry was recorded on 3 June 2005 covering all outstanding
      Infringement Notice Invoices from the Authority Financial System. No records of the
      supporting paperwork for this Journal have been obtainable and the Authority Financial
      System is unable to produce comprehensive information as to the breakdown of the actual
      debtors this amount relates to, as it is no one single Sundry Debtor. The total amount of
      funds involved is $3003.00
                               AGENDA – ORDINARY MEETING OF COUNCIL                          39
                                           17 JUNE 2008

It is recommended to write off the Infringement Debtors amount for two reasons, firstly we are
unable to collect as no supporting information is recorded and to support the “cleaning” up of the
system in an effort to increase the integrity of the debtors data contained within Synergy.

Consultation
Senior Finance Officer
Chief Executive Officer

Statutory Environment
Section 6.12 of the Local Government Act 1995
Local Government (Financial Management) Regulations 1996

Policy Implications
Policy DA008       Delegated Authority – Writing Off Debts
Policy FIN13       Accounts Receivable Recovery

Financial Implications
The total amount of debt under consideration to be written off is $ 3003.00

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

Voting Requirement
Absolute Majority Required

Officers Recommendation

That Council write off the amount of $3,003.00 relating to Infringement Debtors.




Author:       Amanda O’Halloran                  Signature:

Manager:      Keith Pearson                      Signature:
                               AGENDA – ORDINARY MEETING OF COUNCIL                            40
                                           17 JUNE 2008

12.06.31     RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS

FILE REFERENCE:                    FI.RE

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

NAME OF APPLICANT/                 Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:               11 June 2008

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

PREVIOUS MEETING                   Not Applicable
REFERENCE:

Summary

Monthly Financial report for the month of May 2008 is presented to Council.

Background
Not Applicable

Comment
The objective of this item is to present a summary of the financial activity to the 31 May 2008.

   1. Presented (see attachments) in this report for the financial period ended 31 May 2008, are
      the:

           Statements of Financial Activity
           Reconciliation of statement of financial activity to current assets for the period 31
            May 2008.

   2. The schedule of accounts paid (see attachment) under delegated authority as summarised
      below, and which is submitted to Council on 15 June 2008 for receipt, has been checked
      and is fully supported by vouchers and invoices which have been duly certified as to the
      receipt of goods and rendition of services, and verification of prices, computations and
      costings.

                                           ATTACHMENT 12.06.31 Overview Financial Reports
                                                  ATTACHMENT 12.06.31a Variance Report
                                                   ATTACHMENT 12.06.31b Cheque Listing
                               AGENDA – ORDINARY MEETING OF COUNCIL                        41
                                           17 JUNE 2008

Consultation
Senior Finance Officer
Consultant Accountant

Statutory Environment
Local Government Act 1995, Part 6 – Financial Management, Section 6.4 and Local Government
(Financial Management) Regulation 1996, Part 4 – Financial Reports – Regulation 34, (regulation
35 repealed in Gazette 31 March 2005).

Policy Implications
There are no Council Policies relevant to this issue

Financial Implications
Financial implications and performance to budget are reported to Council on a monthly basis.

Strategic Implications
There are no strategic implications relevant to this issue

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council receive the Financial Report and Schedule of Accounts for May 2008




Author:       Amanda O’Halloran                 Signature:

Manager:      Keith Pearson                     Signature:
                               AGENDA – ORDINARY MEETING OF COUNCIL                            42
                                           17 JUNE 2008

12.06.32      PROPOSED DIFFERENTIAL RATES 2008/09

FILE REFERENCE:                    FI.RA

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

NAME OF APPLICANT/                 Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:                10 June 2008

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

PREVIOUS MEETING                   Not Applicable
REFERENCE:


Summary

Council is required to adopt various rates in the dollar and minimum rates so the required
advertising can commence prior to budget adoption.

Differential rating is an annual process that is required to be completed prior to setting the annual
budget. Public advertising is required and, following the public submission period, council is
required to consider the submissions received before imposing the proposed rates and minimum
payments, with or without modification.

It is further proposed that Council introduce a service charge to cover the cost of waste
infrastructure upgrades.


Background

Differential Rating

In the 2007/2008 financial year the Valuer General‟s Office conducted a revaluation of the Shire
of Ashburton GRV properties. As predicted, with the current economic climate and recent
“housing boom” the GRV values increased by approximately 70%.

In order to ensure equitable distribution of the responsibility for rates across the individual rate
payer base (and as previously adopted in the case of the pastoral valuations of 2001), it is
proposed to introduce differential rating across the GRV and UV codes. It is further proposed that
Council shift the significant weighting of rates collected from the individual “town based” rate
payer to the mining and industrial sector.
                               AGENDA – ORDINARY MEETING OF COUNCIL                           43
                                           17 JUNE 2008

Council has discussed rates at a workshop previous to this item in May 2008. It was discussed at
this workshop the importance of financial planning and economic forecasting to ensure there is a
sound, sensible strategy in place for the management of rates over the coming years. In view of
this request from Council it is proposed that a Shire working party be formed to work through the
requirements of the Strategic plan, while not imposing significant increases on the majority of rate
payers.

In 2007/2008 the various rates in the dollar and minimums were as follows:
Rate Category                 Rate in the Dollar $         Minimum Rate $
GRV Residential               0.1244                       470.00
GRV Residential Development   0.1244                       470.00
GRV Commercial                0.1244                       470.00
GRV Community                 0.1244                       470.00
GRV Tourism                   0.1244                       470.00
GRV Industrial                0.1244                       470.00
GRV Industrial Development    0.1244                       470.00
UV Rural/ Pastoral            0.0734                       470.00
UV Rural/ Commercial          0.1781                       470.00
UV Rural/ Industrial          0.1781                       470.00
UV Mining Lease               0.1781                       470.00
UV Exploration                0.1781                       470.00
UV Petroleum Production       0.1781                       470.00
UV Prospecting Licence        0.1781                       470.00
UV Permits                    0.1781                       470.00
UV General Purpose Lease      0.1781                       470.00


Presenting an overall yield of:
Date      Description                                         Total
07/08     GRV Properties Mixed                                               2,893,674
          Minimum GRV                                                          116,560
          Total GRV                                                          3,010,234

            UV Properties Mixed                                              1,848,467
            Minimum UV                                                         144,290
            Total UV                                                         1,992,757

            Total Rates Raised                                              $5,002,991

Proposed Waste Service Charge
In the past the Shire has been able “manage” the disposal of municipal waste at a relatively low
cost. This has resulted from not manning two sites, minimal recycling efforts, sub standard site
facilities, no monitoring bores and non- adherence to licence conditions.

With the commitment to the PRC Waste Management Plan (incorporating the Zero Waste
Management Plan) and the introduction of the Waste Avoidance and Resource Recovery Act and
with an increasing regard for the environment this situation cannot continue.

Comment
                               AGENDA – ORDINARY MEETING OF COUNCIL                             44
                                           17 JUNE 2008

Differential Rating
Rating is a Local Government‟s primary means of raising funds to meet community needs and
requirements. It is therefore important that that the rates raised are fair and equitable. The
proposed rates in the dollar and the minimum will generate income equivalent to Council‟s current
operating requirements and those committed in the Strategic Plan.

Traditionally Council has had only three different rates in the dollar and minimum rates, with the
differentiation occurring in the type of valuation used, either Gross Rental Value or Unimproved
Value (except in the case of Rural/Pastoral). Due to the high percentage of “Residential”
properties within the district, any increase has traditionally been felt by the residential ratepayer,
many of whom cannot compensate a rate increase with a tax reduction (as an increase tax
deduction). The proposed rates in the dollar and minimum correct this by increasing only
marginally residential rates but increasing mining and rural rates more significantly.

In proposing the 2008/2009 rate setting statement the following key elements were considered –

      Local Government Cost Index - 5% has been attributed across GRV and Rural Pastoral to
       maintain, in real terms the level of services and activities currently provided to the
       community. The CPI for Perth for the March 2008 Quarter was 4.4%, and as we are all
       very aware this does not reflect the cost of living and purchasing in the Pilbara. Council‟s
       ability to operate sustainably would be eroded substantially if at least the Local
       Government Cost Index was not applied to rates annually, otherwise significant haphazard
       increases will occur or the financial viability of the Shire will be called into question.
      Minimum Increase – 6% has been attributed to all minimums across the board to bring
       these properties in line with other minimums through out the region.
      Mining and Rural Rates(excluding Rural Pastoral) – It is proposed to increase these rates
       in the dollar by 25%, on the basis that much of Council infrastructure is being developed to
       meet the demands of the mining industry, however rates generation is limited due to the
       State Agreements in place with many major mining companies.

In 2008/2009 the various rates in the dollar and minimums proposed are as follows:
Rate Category                 Rate in the Dollar $          Minimum Rate $
GRV Residential               0.077252                      500.00
GRV Residential Development   0.077252                      500.00
GRV Commercial                0.077252                      500.00
GRV Community                 0.077252                      500.00
GRV Tourism                   0.077252                      500.00
GRV Industrial                0.077252                      500.00
GRV Industrial Development    0.077252                      500.00
UV Rural/ Pastoral            0.07707                       500.00
UV Rural/ Commercial          0.222625                      500.00
UV Rural/ Industrial          0.222625                      500.00
UV Mining Lease               0.222625                      500.00
UV Exploration                0.222625                      500.00
UV Petroleum Production       0.222625                      500.00
UV Prospecting Licence        0.222625                      500.00
UV Permits                    0.222625                      500.00
UV General Purpose Lease      0.222625                      500.00
                                AGENDA – ORDINARY MEETING OF COUNCIL                            45
                                            17 JUNE 2008

Presenting an overall yield of:
Date      Description                                          Total
07/08     GRV Properties Mixed (6% Increase)                                 3,042,099
          Minimum GRV                                                           50,500
          Total GRV                                                          3,092,599

          Rural Pastoral (6% Increase)                                         170,279
          UV Properties Mixed                                                2,332,252
          Minimum UV                                                           151,500
          Total UV                                                           2,654,031

          Total Rates Raised                                                 5,746,630

Based on current valuations the proposed rates in the dollar and minimum rates will generate
$5,746,630 in revenue for the Council in 2008/2009. This is a $743,639 increase from the amount
raised in 2007/2008.

The next steps for Council is to approve the advertisement of the proposed rate setting statement
for 21 days. Council will then review submissions which will require a special meeting of Council
to ensure that ministerial approval can be sort prior to the endorsement of the Budget.

Council will need to apply to the Minister of Local Government and Regional Development
(DLGRD) to impose the UV mining as a local government is not to, without the approval of the
Minister, impose a differential general rate which is more than twice the lowest differential general
rate imposed by it.

Proposed Waste Service Charge

The current Strategic Plan supports the upgrade of facilities and improved waste management
practices. The operational costs for the waste sites will increase in 08/09 but these increases are
offset by income from domestic and commercial waste collection increases, sale of recyclables
and bulk dumping fees.

Collection costs have been contained and the arrival of a new garbage compactor for Tom Price
and Paraburdoo will improve the efficiency of that operation.
Operational costs are reasonably contained however the capital upgrades are proving to be a
strain on the budget. Whilst the majority of the expenditure is in Onslow in 08/09 significant
sums were spent in Paraburdoo and Tom Price in 07/08.
Works have included extension of security fencing, provision of improved site facilities, recycling
facilities and in Onslow the establishment of a new tip site, establishment of a new transfer station
and rehabilitation of the old site.

Projected capital costs for 08/09 are $1 million in total, $831,000 of which is attributable to the
Onslow facility. It needs to be recognised that over $200,000 has been spent on Tom Price and
Paraburdoo in 07/08 on capital projects.
With the life of these facilities being in excess of 15 years it is unreasonable that today‟s rate
payers pay for a facility that will be enjoyed into the future.
                                AGENDA – ORDINARY MEETING OF COUNCIL                              46
                                            17 JUNE 2008

It is proposed to borrow the amount of $1 million over 15 years and to cover the repayment costs,
implement a waste management levy of $35 per tenement.

Consultation
Ashburton Shire Council
Town Of Port Hedland
Ray Hadlow Comparison Report
Executive Management Team
Valuer Generals Office

Statutory Environment
Section 6.32 – 6.36 of the Local Government Act 1995
Part 5, Local Government (Financial Management) Regulations 1996

Policy Implications
There are no Council Policies relevant to this issue

Financial Implications
The rate level set by Council will underpin its ability to provide services and facilities for the
2008/2009 financial year and into the future.

The proposed implementation of a waste management levy of $ 35 per tenement to cover the
repayments of $1 million over 15 years.

Strategic Implications
The rate level will affect the Shire‟s ability to deliver on all aspects of the Strategic Plan.

Voting Requirement
Absolute Majority Required

Officers Recommendation

That Council:

   1) That Council advertise its intention in accordance with section 6.36 of the Local
      Government Act 1995 to adopt the following rates in the dollar and minimum rates
      for the differential rating categories specified for the 2008/2009 financial year:
             GRV Rate             0.07725
             UV Rate              0.22262
             UV Pastoral          0.07707
             Minimum Rate         $500.00

   2) Apply to the Minister of Local Government and Regional Development to approve
      Council in imposing the schedule of rates outlined in point 1 above.

   3) Approve the implementation of the Waste Service Charge at $35.00 per rate notice.

   4) Approve the need for a Special Meeting of Council on the ....
                           AGENDA – ORDINARY MEETING OF COUNCIL   47
                                       17 JUNE 2008




Author:    Amanda O’Halloran             Signature:

Manager:   Keith Pearson                 Signature:
                              AGENDA – ORDINARY MEETING OF COUNCIL                          48
                                          17 JUNE 2008

12.06.33     FEES & CHARGES 2008/09

FILE REFERENCE:                   FI.FE

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

NAME OF APPLICANT/                Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:              5 June 2008

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

PREVIOUS MEETING                  Not Applicable
REFERENCE:

Summary

Council sets its fees and charges on an annual basis. It is recommended that the Schedule of
Fees and Charges be applicable as of 1 July 2008, be adopted.
                                                                    ATTACHMENT 12.06.33


Background
Local government is required to set fees and charges on an annual basis in accordance with the
Local Government Act 1995.

Comment
New fees are proposed for the 2008/09 budget in an effort to recover costs for goods and
services provided by Council.

Fees and charges have had an overall increase of 20% consistent with the operating
requirements of the Shire, unless otherwise specified.

The following rates have not changed –

       Town Planning fees and other statutory related building fees.
       Dog registration and Dog kennelling
       Health Inspection Fees and Licenses
       Staff housing was listed as $390/month last financial year, this was incorrect and should
        have read $360/month or $90.00/ week. Onslow has been progressively coming into line
        with Tom Price and Paraburdoo and in January 2009 will commence payment of
        $360/month.
                              AGENDA – ORDINARY MEETING OF COUNCIL                     49
                                          17 JUNE 2008

Consultation
Executive Management Team
Program Managers

Statutory Environment
Local Government Act 1995 Section 6.16 and 6.17

Policy Implications
There are no Council Policies relevant to this issue

Financial Implications
Proposed fees and charges are included in the Draft 2008/2009 Budget.

Strategic Implications
The revenue raised from Fees and Charges set by Council will underpin its ability to provide
services and facilities for the 2008/2009 financial year and into the future.

Voting Requirement
Absolute Majority Required

Officers Recommendation

That the Fees and Charges schedule as per the attachment 12.06.33, be adopted for the
year ended June 2009.




Author:      Amanda O’Halloran                  Signature:

Manager:     Keith Pearson                      Signature:
                                 AGENDA – ORDINARY MEETING OF COUNCIL                                       50
                                             17 JUNE 2008


    12.06.34     CORPORATE SERVICES STATUS REPORT

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

    1. 08/07     12.08.54    Local Laws                 That Council                                                             Ongoing
                                                                                                                                 Executive   meeting
       3                                                     1. Having considered any submissions received, approves the         planned to progress
                                                                 minor amendments to the Shire‟s Cats Local Law, Dogs            possible   Property
                                                                 Local Law, Extractive Industries Local Law, Health Local        Local Law.
                                                                 Law and Parking Local Law, as set out in Attachments
                                                                 12.08.54, pursuant to the provisions of Section 3.16 of the
                                                                 Local Government Act 1995.Instructs the CEO to research
                                                                 the possibility of the adoption of a Property Local Law which
                                                                 would encompass the following local laws – Aerodromes,
                                                                 Cemeteries with the possibility of Seashore Management,
                                                                 Caravan/Camping and Park Management, Reserve
                                                                 Management and Signage also being included.
        4
    2. 07/07     12.07.45    Offer from Department of   That Council advise the Department of Local Government and               Ongoing
                             Local    Government    –   Regional Development that it accepts the Department‟s proposal, as       Council decision
                             Outstanding   Rates   –    set out in its advice received 20 June 2007 (Attachment 12.07.45),       being implemented.
                             Wittenoom                  in return for the Shire exercising the provisions of Section 6.74 of     DLGRD has paid
                                                        the Local Government Act, in relation to vacant land within the          $29,000 for
                                                        former townsite of Wittenoom, where the rates outstanding are for        outstanding rates on
                                                        three or more years.                                                     12 properties
                                                                                                                                 recently purchased
                                                                                                                                 by the State
                                                                                                                                 Government.
                                                                                                                                 Further seven
                                                                                                                                 properties referred to
                                                                                                                                 Shire Solicitors
                                                                                                                                 Relevant
                                                                                                                                 documentation being
                                                                                                                                 finalised with
                                                                                                                                 Department input.
        6
    3. 12/06     12.12.088   Asset Register Review      That Council instructs Chief Executive Officer to submit a draft         Ongoing
                                                        Council policy, in relation to the management of the Shires Asset        Valuation Report has
                                                        Register to the February, 2007 meeting of Council.                       been prepared by
                                   AGENDA – ORDINARY MEETING OF COUNCIL                                       51
                                               17 JUNE 2008

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

                                                                                                                                  registered      valuer.
                                                                                                                                  The Asset Register
                                                                                                                                  is being updated to
                                                                                                                                  reflect “real property”
                                                                                                                                  valuations.
        9
    4. 06/05     12.06.1227   Tom        Price      Office   That a comprehensive review of the Staff Housing Plan and Tom        Completed
                              relocation                     Price office relocation be undertaken for Council‟s further
                                                             consideration, to incorporate recommendations for dwelling           Interim     Measures
                                                             refurbishment, replacement and acquisition and appropriate funding   have been discussed
                                                             strategies.                                                          and will be presented
                                                                                                                                  to Council at June
                                                                                                                                  2008.     Long term
                                                                                                                                  strategy and plan
                                                                                                                                  incorporated      into
                                                                                                                                  Tom Price Structure
                                                                                                                                  Plan.
                              AGENDA – ORDINARY MEETING OF COUNCIL                           52
                                          17 JUNE 2008



13.06.0      DEVELOPMENT SERVICES REPORTS

13.06.25     APPLICATION FOR PLANNING CONSENT FOR A SHORT STAY
             HOLIDAY CABIN, DIRECTION ISLAND

FILE REFERENCE:                    IS.DIRC

AUTHOR’S NAME AND                  Rob Paull
POSITION:                          Town Planning Consultant

NAME OF APPLICANT/                 Banham Architects
RESPONDENT:

DATE REPORT WRITTEN:               30 May 2008

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

PREVIOUS MEETING                   Not Applicable
REFERENCE:

 Summary

 The Shire is in receipt of an Application for Planning Consent for a Short Say Holiday Cabin on
 Direction Island.

 A location plan, site plan, elevations perspectives are attached.
                                                                        ATTACHMENT 13.06.25


Background
The Short Say Holiday Cabin is to replace an existing fisherman‟s hut and will be used for tourist
purposes. A copy of the letter accompanying the Application is attached.
                                                                       ATTACHMENT 13.06.25a

Comment
The land is reserved ―Conservation, Recreation and Natural Landscapes‖ under the Shire of
Ashburton Town Planning Scheme No. 7 (‗Scheme‘). Under the Scheme, all land uses not
associated with the maintenance and protection of the island require the consent of Council.

Direction Island is Unvested Crown Land that forms part of the „Mackerel Islands and is situated
approximately 22km offshore from Onslow. The Island is under the control of the Department of
Planning and Infrastructure. The Shire referred the Application to the Department who signed the
Application as „owner‟. No other comment from the DPI was provided.

Direction Island is leased to „Mackerel Island Pty Ltd‟, an „eco-tourism‟ company that operates the
                               AGENDA – ORDINARY MEETING OF COUNCIL                              53
                                           17 JUNE 2008

Onslow Mackerel Motel and „Club Thevenard‟ (Thevenard Island) - a re-furbished ex-mining camp
comprising 30-room accommodation as well as 11 beachfront cabins.

In relation to Direction Island, the Leaseholder‟s Website states that from August 2008, the
Direction Island accommodation (i.e. the Application before Council) will be available:

―Immerse yourself in splendid isolation on Direction Island. Untouched by civilisation, unspoiled
by tourism, Direction Island is fringed by its very own world class coral reef in a completely private
setting. A world-class eco-friendly, architecturally designed luxury beachfront villa will open for the
first time in August 2008. Comfortably accommodating 4 people, the solar powered, fully self-
contained villa brings you all the luxuries that you‘ve come to expect...even on an island. Imagine
waking up, seeing no other people and then observing this amazing vista of the ocean blue.
Direction Island is truly a unique holiday that one must experience in a lifetime.

Please note this island requires a higher level of boating and outdoor skills, as it is totally self-
sufficient. There are no staff on island to assist you!‖

Shire does not have any specific policies applying to Direction Island. However, the Scheme
stipulates the process by which the Council must consider any Planning Applications of land
reserved ―Conservation, Recreation and Natural Landscapes‖. Under the Scheme, the proposed
use is defined as “…. any land and/or buildings used predominantly by travelers and holiday-
makers and designed to take advantage of a tourist attraction or other locational consideration for
tourism reasons including camping areas, areas for two or more movable dwellings, chalet parks
and serviced apartments or any combination thereof but excluding Bed/Breakfast facilities (which
are included within the definition of home business), hotel and motel.‖.

In relation to land Reserved ―Conservation, Recreation and Natural Landscapes‖, the Scheme
states as follows:

3.2.5 ―The ―Conservation, Recreation and Natural Landscapes‖ reserve is intended to
      accommodate a broad range of natural and modified land uses and development and may,
      subject to relevant approvals, include extractive or resource processing industry and
      infrastructure. Where Local Government considers applications for such development, it
      shall have regard for other legislation and/or the advice of the relevant land
      owner/manager.

3.2.6 The Local Government may prepare or require to be prepared an assessment of
      environmental values of the ―Conservation, Recreation and Natural Landscapes‖ reserves
      prior to considering a planning application of the reserve‖.

In this respect, it was not clear what specific environmental values existed on the island.
Accordingly, the Development Application was referred to the DEC to determine the appropriate
standards and assessment. At the time of preparing this report to Council, the DEC had not
responded. It is proposed that should Council support the Application, the Approval include any
conditions sought by the DEC.

The design elements and infrastructure associated with the Short Say Holiday Cabin are excellent
and in character with an ‗architecturally designed luxury beachfront villa‘. As noted, the operation
                               AGENDA – ORDINARY MEETING OF COUNCIL                          54
                                           17 JUNE 2008

will be self-sufficient. Given the expectation that visitors may not be aware of cyclone or other
risks, it is recommended that any Approval should include a condition requiring a Fire
Management Plan and Emergency Evacuation Plan to be approved by the Shire. A Landscape
and Rehabilitation Plan should be and relate to the rehabilitation of the existing „fisherman hut‟
site.

In view of the above and subject to the response from the DEC, it is considered the application is
appropriate to the land and subject to conditions, should be supported.

Consultation
Chief Executive Officer
Executive Manager Development Services
Department of Planning and Infrastructure
Department of Environment and Conservation
Community consultation was not undertaken.

Statutory Environment
Shire of Ashburton Town Planning Scheme No. 7

Policy Implications
There are no policy implications, which relate to this matter.

Financial Implications
The Shire is able to recoup costs associated with this process from the proponent.

Strategic Implications
There are no strategic implications, which relate to this matter.

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council, subject to no adverse submissions being received as a consequence of the
referral of the Application to the Department of Environment and Conservation, authorize
the Chief Executive Officer to issue Planning Consent for “holiday accommodation” (Short
Say Holiday Cabin) on Direction Island, subject, but not necessarily limited to, the
following conditions:

1.   A Building Licence for the development should be obtained prior to
     19 June 2010. This Planning Consent lapses if a building licence for the development
     has not been obtained by 19 June 2010. Further to this, if the development is not
     substantially commenced in accordance with the Building Licence by 19 June 2010,
     then this Planning Consent lapses at that date.

2.   The land use and development shall be undertaken generally in accordance with the
     approved plans, in a manner that is deemed to comply to the satisfaction of the Chief
     Executive Officer.
                            AGENDA – ORDINARY MEETING OF COUNCIL                        55
                                        17 JUNE 2008



3.   A Fire Management Plan and Emergency Evacuation Plan shall be prepared by the
     applicant and adopted by Council and thereafter implemented to Council‟s
     satisfaction prior to the issuing of a Building Licence.

4.   A Landscape and Rehabilitation Plan shall be prepared by the Applicant and
     submitted for Council endorsement and such submission approved prior to issue of a
     Building Licence. The Plan shall relate to the rehabilitation of the existing „fisherman
     hut‟ site to the requirements of the Department of Environment and to be established
     in accordance with the approved plan(s) prior to occupation and thereafter maintained
     to the satisfaction of the Chief Executive Officer.

5.   A geotechnical report covering the development area being prepared by the applicant
     at the applicant‟s cost and to the satisfaction of the Chief Executive Officer. The
     report to be lodged with the building licence application, together with certification
     from a structural engineer that the design is suitable for the site conditions as
     outlined in the geotechnical report.

6.   A comprehensive effluent plan and drainage plan shall be submitted to Council and
     such plan(s) approved prior to the issue of a Building Licence. All works to be
     constructed as per the approved plan.

7.   The operator is solely responsible for the removal of all litter and rubbish and shall
     ensure that the Island is retained in pristine condition ay all times.

8.   The use when established shall at all times comply with the definition of “holiday
     accommodation” as contained within Town Planning Scheme No. 7, as follows:

      “...any land and/or buildings used predominantly by travelers and holiday-makers
     and designed to take advantage of a tourist attraction or other locational
     consideration for tourism reasons including camping areas, areas for two or more
     movable dwellings, chalet parks and serviced apartments or any combination thereof
     but excluding Bed/Breakfast facilities (which are included within the definition of
     home business), hotel and motel.”.

Advice Notes

1.   In relation to Condition 3, it is recommended that prior to the submission of the Fire
     Management Plan and Emergency Evacuation Plan, the Applicant discuss the
     proposal with FESA and SES.

2.   A building licence application under the provisions of the Local Government
     Miscellaneous Provisions Act must be submitted to and approved by the Shire prior
     to the demolition of existing buildings and the commencement of any on-site works
     whatsoever.

3.   Further to this approval, the Applicant is required to submit working drawings and
     specifications to comply with the requirements of Part 4 of the Building Regulations,
                             AGENDA – ORDINARY MEETING OF COUNCIL                        56
                                         17 JUNE 2008

     1989 (as amended) and the Health Act, 1911 (as amended) which are to be approved
     by the Shire‟s Principal Building Surveyor and Principal Environmental Health Officer
     prior to the issue of the Building Licence.

4.   The Environmental Protection Act contains penalties where the noise limits
     prescribed by the Act are exceeded and it is suggested that the Applicant has due
     regard for this in the operation of the development.

5.   Any signage proposed as part of this development may require a Sign Licence. The
     Applicant is advised to liaise with Council‟s Principal Building Surveyor in this regard.

6.   This approval is for a “holiday accommodation” (Short Say Holiday Cabin) only. In
     the “Conservation, Recreation and Natural Landscapes” Reserve, further approval is
     required for most land uses and building construction. Council‟s Planning
     Department should be contacted for further information.


Author:      Rob Paull                       Signature:

Manager:     Bernard Smith                   Signature:
                                AGENDA – ORDINARY MEETING OF COUNCIL                                     57
                                            17 JUNE 2008


13.06.26       DEVELOPMENT SERVICES DECISION STATUS REPORT

           Council    Agenda
     #     Meeting                      Report Title                            Council Decision                               Current Status
                        Ref.
           (mm/yy
    1.     05/08     13.05.23     Council Policy Review –   Directs the Chief Executive Officer to draft a new Council     Ongoing. New
                                  Health                    Policy relating to Aboriginal Environmental Health             Environmental Health
                                                            Strategy and report back to Council                            Officer will draft AEH
                                                                                                                           new Health Strategy.
    2.     04/08     13.04.17     Town Planning Policies    That Council                                                   Ongoing. CEO to
                                  Review                     1. Retains Local Planning Policies PLA01; PLA08;              prepare draft Local
                                                                 PLA09; PLA15; PLA16; PLA17; PLA18; PLA19 and              Planning Policies.
                                                                 PLA20 without amendment.                                  Shire‟s Town Planning
                                                                                                                           Consultant has been
                                                             2. Direct the Chief Executive Officer to prepare draft        instructed to prepare
                                                                Local Planning Policies generally similar to Council       draft Policies.
                                                                Policies PLA02; PLA10; PLA11; PLA12 PLA13 and
                                                                PLA14 for submission to Council.

                                                             3. Retain Council Policies PLA03, PLA04 and PLA06
                                                                without amendment.

                                                             4. Retain Council Policy PLA05, subject to all
                                                                references in the policy to “cat pound” be changed to
                                                                “cattery”.

                                                             5. Delete Council Policy PLA07 and refer the matter to
                                                                the Old Onslow Townsite Working Group with the
                                                                objective of developing a new policy.

    3.     03/08     13.03.10     Town Planning Scheme      That Council, in pursuance of Part V of the Planning and       Ongoing
                                  Amendment No. 1 – Lot     Development Act 2005 ("Act") adopt for final approval          Amendment has been
                                  300 Boonderoo Road,       Amendment No.1 as advertised, subject to the following         submitted to Western
                                  Tom Price                 modifications:                                                 Australian Planning
                                                                                                                           Commission for
                                                            1. That new parts be included in the Amendment as              consideration.
                                                               follows:

                                                                  (a)   an asterisk be placed next to „I‟ of the zoning
                                                                        table   coordinated    between        „Transient
                       AGENDA – ORDINARY MEETING OF COUNCIL                               58
                                   17 JUNE 2008

    Council   Agenda
#   Meeting                  Report Title                         Council Decision                          Current Status
               Ref.
    (mm/yy
                                                         Workforce     Accommodation       and    „Mixed
                                                         Business‟.

                                                   (b)   include the following note immediately after
                                                         the Zoning Table:

                                                         ―* Note: Clause 6.9.5 prohibits ‗Transient
                                                         Workers Accommodation use at Lot 300
                                                         Boonderoo Road, Tom Price‖

                                                   (c)   include new Clause 6.9.5 of the Scheme to
                                                         read as follows:

                                                         ―6.9.5       Notwithstanding      any    other
                                                                      provision of this Scheme, the use
                                                                      and development of ‗Transient
                                                                      Workers Accommodation at Lot
                                                                      300 Boonderoo Road, Tom Price
                                                                      is prohibited‖

                                             2. That Council, upon receipt of the necessary amending
                                                documentation, refers the Amendment so adopted for
                                                final approval to the Western Australian Planning
                                                Commission with a request for approval of the
                                                Minister for Planning and Infrastructure.

                                             3. Where notification is received from the Department for
                                                Planning and Infrastructure that a modification of the
                                                Amendment is required prior to approval of the
                                                Amendment by the Minister, this modification be
                                                undertaken in accordance with the requirements of
                                                the Town Planning Regulations 1967 unless it is
                                                considered by the Chief Executive Officer that the
                                                modification affects the intent of the for consideration.

                                             4. Should the Proponent not provide the necessary
                                                amending documentation referred to in 2. above to
                                                the satisfaction of the Executive Manager
                                                Development Services, the Chief Executive Officer be
                          AGENDA – ORDINARY MEETING OF COUNCIL                                     59
                                      17 JUNE 2008

     Council    Agenda
#    Meeting                      Report Title                            Council Decision                               Current Status
                  Ref.
     (mm/yy
                                                           requested to make appropriate arrangements to
                                                           ensure that the modifications to Amendment No. 1 are
                                                           carried out.

4.   03/08     13.03.11     Town Planning Scheme      That Council, in pursuance of Part V of the Planning and       Ongoing
                            Amendment No. 2 –         Development Act 2005 ("Act"), adopt for community              Under consideration by
                            Modification to the       consultation purposes draft Amendment No. 2                    Administration. Will be
                            Scheme to reflect local   ("Amendment") to Shire of Ashburton Town Planning              subject to report to
                            planning policy –         Scheme No. 1 ("Scheme") that proposes:                         council. To be subject of
                            Transient Workforce                                                                      consideration as a part
                            Accommodation             1.    That the zoning table be modified as follows:            of the Tom Price
                                                            (a) Identifying         „Transient        Workforce      Structure Plan study.
                                                                  Accommodation‟ as a 'X' use class in the
                                                                  „Mixed Business‟ zone;

                                                            (b)   Identifying      „Transient     Workforce
                                                                  Accommodation‟ as a 'X' use class in the
                                                                  „Industrial & Mixed Business Development‟
                                                                  zone; and

                                                            (c)   Identifying        „Transient  Workforce
                                                                  Accommodation‟ as a 'X' use class in the
                                                                  „Rural Living‟ zone;

                                                      2.    That, as the draft Amendment is in the opinion of
                                                            Council consistent with Part V and Schedule 1 of
                                                            the Act, regulations made pursuant to the Act and
                                                            relevant state planning policy prepared under Part
                                                            III of the Act, that upon preparation of the necessary
                                                            documentation, the draft Amendment be referred to
                                                            the Environmental Protection Authority (EPA) as
                                                            required by Part V of the Act, and on receipt of a
                                                            response from the EPA indicating that the draft
                                                            Amendment is not subject to formal environmental
                                                            assessment, be advertised for a period of 42 days,
                                                            in accordance with the Town Planning Regulations
                                                            1967.

                                                      3.    That following advertising of the draft Amendment,
                          AGENDA – ORDINARY MEETING OF COUNCIL                                        60
                                      17 JUNE 2008

     Council    Agenda
#    Meeting                      Report Title                              Council Decision                                Current Status
                  Ref.
     (mm/yy
                                                             the matter be referred back to Council for further
                                                             consideration.

5.   02/08     13.02.06     Exercising of Option to    That Council                                                     Ongoing. Rio Tinto Ltd
                            Take Possession of Lot 2                                                                    advised in writing of
                            Stadium Road, Tom          1. Advise Pilbara Iron P/L, that it wishes to exercise its       Council decision to
                            Price                         option to take possession of the freehold of Lot 2            exercise option.
                                                          Stadium Road, Tom Price as agreed to by the company           Company has
                                                          in its correspondence dated 20 May 2005.                      acknowledged transfer
                                                                                                                        to take place. Shire
                                                       2. Instruct the Chief Executive Officer to undertake the         Solicitor has been
                                                          administrative steps necessary to ensure the transfer of      instructed to progress
                                                          Lot 2 Stadium Road, property to the Shire.                    transfer.

6.      4
     11/07     13.11.41     Land Relinquishment        That Council                                                     Ongoing. RTIO and
     10/07     13.10.36     Tom Price – Rio Tinto      That Council advise Rio Tinto Iron Ore P/L and the               Shire have reached
                                                       Minister for State Development that                              agreement on
                                                       1. on the basis of discussions to date, the Shire is             outstanding matters
                                                           unable to provide a letter confirming satisfactory           requesting research and
                                                           progress has been made by the company in the                 investigation. An
                                                           release of company controlled land, but                      “existing conditions”
                                                                                                                        study is presently being
                                                       2. the Shire is of the opinion that a time extension until 31    undertaken of water,
                                                             December 2008 is warranted subject to the company          waste water and
                                                       a. initiating and financing an independent review of             electricity services.
                                                             existing power, water and sewer infrastructure in Tom      Draft water and waste
                                                             Price. The purpose of the review being to assess the       water report has been
                                                             capacity and functionality of the current infrastructure   received from company.
                                                             to;                                                        Awaiting Electricity
                                                        Ensure the existing facilities are capable of serving the      Study report.
                                                             infrastructure requirements of Tom Price as it is
                                                             currently developed and zoned for development
                                                             under the Town Planning Scheme No 7
                                                        Ensure the infrastructure complies with current
                                                             Australian Standards
                                                        Estimate the useful remaining life of the existing
                                                             infrastructure and the renewal gap cost

                                                           The review will prioritise any works required and
                       AGENDA – ORDINARY MEETING OF COUNCIL                                61
                                   17 JUNE 2008

    Council   Agenda
#   Meeting                  Report Title                        Council Decision                            Current Status
               Ref.
    (mm/yy
                                                 provide timelines for implementation of the
                                                 recommendations. The review to be completed and
                                                                                           th
                                                 accepted by the Shire of Ashburton by 30 April 2008.

                                             b. implementing the recommendations contained in the
                                                  Consultant‟s report at the cost to the company.

                                             c. funding an independent Order of Magnitude study with
                                                  regard to future capacity requirements based on long
                                                  term Town Planning options. The company will seek
                                                  to develop the Terms of Reference for the study in
                                                  conjunction with the Shire of Ashburton. The study
                                                  shall enable key stakeholders to understand what the
                                                  future capacity requirements may be, however there
                                                  is no commitment on behalf of the company in terms
                                                  of developing the future capacity.

                                             d. agreeing to relinquish one of two Lots of residentially
                                                  zoned land in Tom Price currently held under a
                                                  special lease. These lots are known as:
                                              Lot 2B “Golf Course subdivision” and;
                                              Lot C “Karijini Special Use Zone”

                                             e. committing to review its potential requirement for further
                                                  residential housing development in line with
                                                  Operational needs by end of 2008. The company
                                                  shall advise the Shire accordingly of any requirements
                                                  with a view to entering into discussions around
                                                  potential for the company to relinquish the second lot
                                                  as per above.

                                             f. shall, in consultation with the Shire of Ashburton,
                                                  establish a process to facilitate the development of
                                                  land within Tom Price similar to a normal service
                                                  provider.

                                             g. participating and assisting with the development of a
                                                  Structure Plan for Tom Price along with other
                                                  stakeholders including Land Corp, DPI, DOIR and the
                          AGENDA – ORDINARY MEETING OF COUNCIL                                 62
                                      17 JUNE 2008

     Council    Agenda
#    Meeting                     Report Title                         Council Decision                               Current Status
                  Ref.
     (mm/yy
                                                      Shire of Ashburton.

                                                 h. undertaking an urgent and realistic assessment of the
                                                      infrastructure needs to support the development of
                                                      the proposed tourist facility off Central Road. RTIO
                                                      will provide the required facilities within reasonable
                                                      proximity (30m max.) of the site (sewer to be at lowest
                                                      point ).

                                                 i. with the Shire establishing a process to progress the
                                                      normalisation of water, electricity and sewer
                                                      infrastructure.

                                                 j. with the Shire establishing a Memorandum of
                                                      Understanding to articulate the aspirations of both
                                                      parties and to establish a framework to work
                                                      cooperatively to achieve those aspirations.
7.      5
     09/07     13.09.30     Paraburdoo Caravan   That Council                                                    Ongoing.
                            Park                                                                                 Public notice calling
                                                 1.     Request that Pilbara Iron P/L enter into a lease with    regarding expression of
                                                        the Shire as lessee, Lot 1 Camp Road, Paraburdoo,        interest being placed in
                                                        on the following terms                                   newspaper on 14 June
                                                        (a) The lease be for a term of 15 years, or more         2008
                                                        (b) The rental be a peppercorn rental
                                                        (c)   the Shire accept responsibility for outgoings
                                                        (d) the Shire has the right to sublease the
                                                              property

                                                 2.     Subject to (1) above being satisfied, call for tenders
                                                        from interested parties, to develop and operate a
                                                        short term accommodation facility on site, subject to
                                                        the following conditions.
                                                              Provision shall be made for 12 caravan bays
                                                              Provision shall be made for 12 camp sites
                                                              Ablution facilities shall be provided in
                                                               accordance with the provisions of the
                                                               Caravan Park and Camping Ground Act.
                          AGENDA – ORDINARY MEETING OF COUNCIL                                      63
                                      17 JUNE 2008

     Council    Agenda
#    Meeting                      Report Title                             Council Decision                              Current Status
                  Ref.
     (mm/yy
8.      6
     08/07     13.08.26     Proposed                   That Council :                                               Ongoing. To be the
                            Accommodation                                                                           subject of report to July
                            Structures, Tom Price          1. Agree, in its capacity as lessor of Reserve 38762,    Council Meeting.
                            Tourists, Reserve 38762,          to the subject development application lodged by      Originally proposed
                            Nameless Valley Road,             Kaussie Holdings P/L (Mr. A Drage), being             transfer of lease did not
                            Tom Price                         considered by Council pursuant to the Shire of        eventuate. Shire solicitor
                                                              Ashburton Town Planning Scheme No. 7.                 is clarifying status of
                                                                                                                    building „ownership‟.
                                                           2. Approve the development application made by
                                                              Kaussie Holdings P/L (Mr. A Drage), to erect and
                                                              use twenty (20) accommodation units on Reserve
                                                              38762 for the purposes of short term
                                                              accommodation, in accordance with the attached
                                                              plans, subject to the following conditions :

                                                                   a. The development shall comply with the
                                                                      Shire of Ashburton Town Planning
                                                                      Scheme No. 7, the Health Act, the
                                                                      Building Code of Australia, and the West
                                                                      Australian Fire Board Regulations and
                                                                      any other relevant Acts, Regulations and
                                                                      Local Laws;

                                                                   b. The operator of the site shall maintain the
                                                                      site in a neat and tidy condition, to the
                                                                      satisfaction of the Shire at all times.

                                                           3. Advise the applicant of its right of appeal,
                                                              pursuant to Part 14 of the Planning and
                                                              Development Act 2005.

                                                           4. In its capacity as lessor of the site, advise the
                                                              applicant that development in accordance with
                                                              this development approval may not commence
                                                              until the existing lease for the property has been
                                                              modified to incorporate 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,
                          AGENDA – ORDINARY MEETING OF COUNCIL                                       64
                                      17 JUNE 2008

     Council    Agenda
#    Meeting                      Report Title                             Council Decision                               Current Status
                  Ref.
     (mm/yy
                                                               if necessary.

9.      7
     11/07     13.11.40     Legal Advice in Relation   That Council give Rio Tinto Iron Ore P/L an undertaking        Ongoing.
     08/07     16.08.17     to Buildings and           that the Shire will not require the removal or demolition of   Indemnities and
                            Environmental Health       the following facilities and structures.                       schedule of Shire costs
                            Regulatory Matters.                 (a)     Camp David, Pannawonica                       submitted to Rio Tinto.
                                                                        All buildings and facilities within the 83
                                                                        bed camp, until the date set out in the       Awaiting return of signed
                                                                        development approval, issued pursuant         documents and payment
                                                                        to the Shire‟s Town Planning Scheme No        of costs prior to the
                                                                        7, on 20 November 2007, and identified        issuing of Shire
                                                                        in the Section 401 notices issued             undertaking not to
                                                                        pursuant to the Local Government              require demolition of
                                                                        (Miscellaneous Provisions) Act on 31          buildings.
                                                                        August 2007.

                                                                (b)     Brockman 2, Mine Site
                                                                        All buildings identified in the Section 401
                                                                        Notice issued pursuant to the Local
                                                                        Government (Miscellaneous Provisions)
                                                                        Act on 30 August 2007.

                                                       subject to the company
                                                                (a)     indemnifying the Shire against all
                                                                        possible losses and liabilities, in a form
                                                                        generally in accordance with the attached
                                                                        Deed of Indemnity (Attachment
                                                                        13.11.40), and

                                                               (b)      reimbursing the Shire for all costs
                                                                        incurred by it as a result of addressing
                                                                        the regulatory breaches identified.

                                                         2.    Advise Rio Tinto that the company should not
                                                               interpret Councils decision as indicative of any
                                                               future decision where structures have been
                                                               constructed without relevant approvals first being
                                                               obtained.
                           AGENDA – ORDINARY MEETING OF COUNCIL                                   65
                                       17 JUNE 2008

    Council    Agenda
#   Meeting                        Report Title                           Council Decision                             Current Status
                 Ref.
    (mm/yy
       1
10. 04/06     13.03.015      Amendment to Health       That:-                                                      Ongoing
       1                     Local Law – Prescribed    1.    Council resolved to amend the Health Local Laws by    Being incorporated into
                             Refuse Collection Areas         adding the following to Schedule 15:-                 Local    Law     review
                                                              Any other defined areas of the district that have   process.
                                                                  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.
       1
11. 06/05     12.06.1227    Staff Housing Upgrade      That a comprehensive review of the Staff Housing Plan       Ongoing.
       4                                               be undertaken for Council‟s further consideration, to       Commenced.         Some
                                                       incorporate recommendations for dwelling refurbishments,    aspects of Housing Plan
                                                       replacement and acquisition and appropriate funding         will be incorporated into
                                                       strategies                                                  AWA & Policy Review.
                               AGENDA – ORDINARY MEETING OF COUNCIL                             66
                                           17 JUNE 2008



14.06.0       WESTERN OPERATIONS REPORTS

14.05.12      LOT 944 FIRST AVENUE, ONSLOW, RESERVE 42626. REMOVAL
              FROM SHIRE OF ASHBURTON MUNICIPAL INVENTORY

FILE REFERENCE:                    ON.FR.944

AUTHOR’S NAME AND                  Sue Lennard
POSITION:                          Administration Officer - Onslow

NAME OF APPLICANT/                 Not Applicable
RESPONDENT:

DATE REPORT WRITTEN:               26 May 2008

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

PREVIOUS MEETING                   Agenda Item 14.12.018 Ordinary Meeting of Council 15
REFERENCE:                         December 2006

Summary
The property at Lot 944 First Avenue, Onslow (Reserve 42626) is currently under a management
order to the Shire for the purpose of “preservation of historical building”. The property has previously
been used for staff housing and is now in a state of disrepair.

In order for Council to consider viable options in redeveloping this reserve, it is necessary to remove
this property from the Shire‟s “Inventory of Heritage Places and Buildings‖.

Council is being asked to commence the process of removing this property from the Inventory, in
accordance with provisions of the Shire of Ashburton‟s Town Planning Scheme No. 7.

Background
The management of the property at Lot 944 First Avenue, Onslow (Reserve 42626) was passed
from the Government Employees Housing Authority (GEHA) to the Shire in January 1993. Since
that time the property has been continuously occupied by a succession of Shire employees,
however, the building has now fallen into disrepair and is no longer considered to be of a standard
suitable for housing.

The Planning and Development Act requires each Local Government to prepare an Inventory of
Heritage Places and Buildings, which lists buildings and places of heritage significance within the
district. The subject site is on the Shire‟s Inventory and should be removed from it if the existing
building is to be demolished and the land developed for staff housing.
                              AGENDA – ORDINARY MEETING OF COUNCIL                          67
                                          17 JUNE 2008

For this reason, it is proposed to remove the property from the Shire‟s Heritage Inventory, demolish
the building and then approach the Minister for Planning and Infrastructure with a request to change
the purpose of the Reserve Management Order from the existing “preservation of historic building to
“staff housing”.

Comment
The process of removing a property from the Shire‟s Inventory is set out in the Shire of Ashburton‟s
Town Planning Scheme No.7 which states;

                “ Inventory of Heritage Places and Buildings

         6.14.2 The Local Government shall establish and maintain an Inventory of
                buildings, objects, structures and places considered by the Local
                Government to be of heritage significance and worthy of conservation.

         6.14.3 For the purposes of this Part, Inventory means the Municipal Heritage
                Inventory prepared and amended by the Local Government pursuant
                to Section 45 of the Heritage of Western Australia Act 1990 (as
                amended).

         6.14.4 The Local Government shall keep copies of the Inventory with the
                Scheme documents for public inspection during normal office hours.

         6.14.5 The Local Government may amend, add to or delete entries of
                buildings, objects, structures or places in the Inventory in accordance
                with the procedures for adoption in subclause 6.14.6.

         6.14.6 The Local Government, before adopting a proposal to establish or
                amend the Inventory, shall:

           (a) notify in writing the owner(s) and the occupier(s) of the land and any
               other persons whose names appear on the Certificate of Title of the
               land as having an interest in the land,

           (b) advertise the proposal by way of a notice in a newspaper circulating in
               the district, by the erection of a sign or signs displaying notice of the
               proposal, adequately describing and illustrating the proposal, to be
               erected in a conspicuous position on the land for a period of twenty-
               eight days from the date of publication of the notice in the newspaper,
               and use such other methods as the Local Government considers
               appropriate to ensure widespread notice of the proposal,

           (c) invite submissions on the proposal within a period of not less than 28
               days of the date specified on the notice under (b) of this clause,

           (d) carry out such other consultations as it thinks fit,

           (e) consider any submissions made and resolve to adopt the proposal with
                              AGENDA – ORDINARY MEETING OF COUNCIL                            68
                                          17 JUNE 2008

                or without modification or reject the proposal, and

           (f) forward notice of its decision to the Heritage Local Government of WA
               and Western Australian Planning Commission.‖

Consultation
Heritage Council of WA
Department of Planning & Infrastructure – State Land Services Kimberley/Pilbara
Amanda O‟Halloran – Executive Manager Western Operations
Bernie Smith – Executive Manager Development Services
Dawn McAullay – Onslow Resident

Statutory Environment
Shire of Ashburton Town Planning Scheme No. 7
Management Order Reserve 42626
Planning & Development Act 2005
Land Administration Act
Heritage of Western Australia Act 1990

Policy Implications
Municipal Heritage Inventory 1999

Financial Implications
The deterioration of the building is now such that it would be more economical to replace it entirely
than to restore and renovate it to a standard suitable for staff housing. The removal of the Heritage
Inventory listing will have no immediate financial implications.

Strategic Implications
Whilst Strategic Objective #4 from the recently adopted Strategic Plan states that the Shire will
“Conserve and Enhance the Environment and Cultural Heritage” , the likely costs of retaining this
property and restoring it to a habitable or useable standard need to be weighed against other
potential uses for the capital.

Voting Requirement
Simple Majority Required

Officers Recommendation

That Council instruct the Chief Executive Officer to commence the process of removing the
property at Lot 944 First Avenue, Onslow from the Shire’s Inventory of Heritage Places and
Buildings in accordance with the process outlined within the Shire of Ashburton's Town
Planning Scheme No.7.


Author:      Sue Lennard                        Signature:

Manager:     Amanda O’Halloran                  Signature:
                                   AGENDA – ORDINARY MEETING OF COUNCIL                                     69
                                               17 JUNE 2008


 14.06.13         WESTERN OPERATIONS DECISION STATUS REPORT

                   Agenda
        Council                     Report Title                           Council Decision                                  Current Status
 #
        Meeting      Ref.
ENGINEERING
   1. 11/07       14.11.19    Onslow Airport Runway    That Council;                                                  Ongoing
                              Decommissioning                                                                         Works have been
                              Decision                     1. Agrees to the extension and reopening of Runway         programmed for June 2008.
                                                              12/30 as a light aircraft landing strip subject to
                                                              CASA approval and;                                      Survey has been completed
                                                           2. Provides an allocation of $25,000 be made               awaiting results and will book
                                                              outside the 2007/2008 budget to extend Runway           works
                                                              12/30

     2. 02/03     10.01.673   Onslow Sea Wall          Advise the contractor, WA Limestone/Roadstone JV, that         Ongoing
                              Ownership and Progress   the surface of the boat ramp at First Avenue, Onslow, is
                              Report                   not acceptable due to the unevenness of the patched            MDS investigating the matter
                              MES                      section and the small voids that exist in other parts of the   further in order to finalise
                                                       surface;                                                       ownership.
                                                       Approve the additional works associated with the Onslow        (a) Complete
                                                       sea wall project to be:                                        (b) Complete
                                                       (a) Ocean View Caravan Park Reserve retaining soil             (c) Complete
                                                       $20,000;
                                                       (b) Seniors Units & Sun Chalet reserves area fill to level     EMDS and CEO meet with
                                                       behind sea wall $35,000;                                       Consultant Planner and have
                                                       (c) Beach replenishment $15,000;                               discussed process – still
                                                       (d) Design disabled access $5,000; and                         waiting on Survey..
                                                       (e) Survey and peg reserve boundaries $7,000.                  Boundaries of proposed
                                                       Have the property boundaries surveyed and marked on site       reserve are to be identified
                                                       before further considering formal control of the sea wall      ASAP.
                                                       being accepted.                                                (Survey has been booked for
                                                                                                                      completion subject to
                                                                                                                      surveyors availability)

COMMUNITY
                                     AGENDA – ORDINARY MEETING OF COUNCIL                                        70
                                                 17 JUNE 2008

                      Agenda
         Council                      Report Title                               Council Decision                                  Current Status
 #
         Meeting       Ref.
     5   04/08      14.04.07    Onslow Aged Pensioner       That Council                                                   Ongoing.
         11/07      14.11.17    Units                       1. Endorse the upgrade of four of the Onslow Pensioner         Discussions with Thalanyji.
                                                               Units to an acceptable standard (to a maximum of            Meeting being arranged to
                                                               $200,000) and that provision be made in the budgetary       progress working party.
                                                               preparations for the 2008/09 financial year.

                                                            2. Support the formation of a working party led by the
                                                               Executive Manager Western Operations and the
                                                               General Manager of Buurabalyji Thalanyji to progress
                                                               the future development of appropriate Aged Housing in
                                                               Onslow.

                                                            3. Resolve that the fifth unit is to remain vacant until the
                                                               outcome of the working parties deliberations are
                                                               known.
     6   11/07      14.11.16    Proposal to Operate a       That Council                                                   Ongoing
     .                          Gym in Onslow                        a)         approve the proposal for Council to        Delayed due to difficulty
                                                                                operate the proposed Onslow Gym for        securing electrician for power
                                                                                12 months from February 2008 –             upgrade to Onslow Sports
                                                                                February 2009, subject to a                club site – Power upgrade
                                                                                satisfactory risk assessment first being   complete.        Waiting    on
                                                                                undertaken                                 contracted works to fit sub
                                                                     b)         allocate $5,500 outside of the             metre, emergency phone,
                                                                                2007/2008 budget towards the cost of       swipe         cards        and
                                                                                operating the facility.                    airconditioning. This work has
                                                                                                                           been booked.

     8   07/05      11.07.348   United         Christian     That subject to a favourable technical report being           Ongoing
                                Broadcasters Australia       provided and the issue of a letter of indemnity to Council,
                                (Ucba) Request to Install    United Christian Broadcasters Australia through their         Changeover and upgrade is
                                Radio      Rebroadcast       Vision Radio Network is granted permission to install         complete – will contact United
                                Equipment   Lot     694      radio rebroadcast equipment in Council facilities situated    Christian         broadcasters
                                Payne Way Onslow             on Lot 694 Payne Way Onslow, with any associated costs        regarding next steps.
                                                             being borne by the applicant.
CORPORATE
  9 10/06          14.10.016    Television Services         That Council                                                   Finalised – All works complete.
                                Onslow                         (a) Revoke its decision in relation to Agenda Item
                                                                   14.09.013 (Meeting of Council 19 September
                                                                   2006) whereby Council resolved:
                                   AGENDA – ORDINARY MEETING OF COUNCIL                                    71
                                               17 JUNE 2008

                    Agenda
       Council                     Report Title                             Council Decision                                Current Status
 #
       Meeting       Ref.
                                                            „That a working group of Council be formed of the
                                                            following Cr L Corker, Cr A Eyre, Keith Pearson CEO,
                                                            Amanda O‟Halloran EMWO and Jeff Breen EMES to
                                                            prepare and approve tender documents in regard to
                                                            reinstatement of Onslow Television Services‟
                                                            (b) Instruct the Chief Executive Officer to pursue the
                                                            reinstatement of Onslow Television and radio Services
                                                            in accordance with relevant administrative policies.
  10   03/05     12.03.120   Robe River Memorandum      That Council agrees to the Memorandum of Understanding       Ongoing (Pannawonica)
                             of Understanding           between the Shire of Ashburton and Robe River containing     May 08 - Lease for Library
                                                        the following commitments:                                   finalised and signed off.
                                                        1. The Shire of Ashburton leasing:                           Further discussions regarding
                                                               The Library, Shire Office and Sentinel Chicken       Caravan Park and ablutions
                                                                   Coops;                                            ongoing.
                                                               The Dog Pound;
                                                               The Caravan Park and Ablutions Block.
                                                        2. Robe River renovating the above facilities prior to the
                                                             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.
DEVELOPMENT
  11 12/06  14.12.018        Residential Plan for the   That Council instruct CEO to prepare tender documents for    Ongoing
                             Shire of Ashburton –       the building residences at 318 Second Avenue, 360 Third      Lot 502 First Avenue and Lot
                             Onslow                     Avenue, and 578 Hedditch Street.                             318 Second Avenue. Survey
                                                                                                                     of these sites has been
                                                                                                                     arranged.           Exploring
                                                                                                                     opportunities to utilise the
                                                                                                                     insitu    dongas   internally.
                                                                                                                     Engineering have possible
                                                                                                                     use for them.
                                AGENDA – ORDINARY MEETING OF COUNCIL                                   72
                                            17 JUNE 2008

                  Agenda
     Council                     Report Title                           Council Decision                                Current Status
#
     Meeting       Ref.
                                                                                                                 Also researching opportunities
                                                                                                                 and costs associated with
                                                                                                                 going to auction.
13   12/05     13.12.408   Proposed Transfer of     That :-                                                      Ongoing
                           Emergency Services       1. Council agree to transfer the tenure of the Onslow
                           Building                        Emergency Service Building to FESA subject to:-       Awaiting subdivision and new
                                                              i) FESA to become responsible for the              management orders.
                                                                  outstanding loan on the facility and any
                                                                  financial outlay required for the transfer     Remains with Department
                                                                  thereof; and                                   Planning & Infrastructure.
                                                              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.
                                                    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.
14   08/5      13.08.376   Proposed BHP Billiton    That Council request the Minister for State Development to   Ongoing.
                           Pilbara LNG Processing   obtain meaningful input from the Shire of Ashburton, when
                           Facility, Onslow –       preparing the proposed State Agreement between the           Part of ongoing discussion
                           Preparation Of State     State Government and BHP Billiton, in relation to BHP        with State Government and
                           Agreement                Billiton Ltd‟s proposed LNG Processing Plant, to be          Resource    company     re
                                                    constructed adjacent to the town of Onslow, and that         proposed LNG Plant at
                                                    Council seek a meeting with the Minister to discuss this     Onslow.
                                                    issue.
                              AGENDA – ORDINARY MEETING OF COUNCIL                       73
                                          17 JUNE 2008



15.06.0        NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY
               DECISION OF MEETING

16.06.0        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                             74
                                         17 JUNE 2008

16.06.12     CONFIDENTIAL REPORT – WITTENOOM ASBESTOS LITIGATION

FILE REFERENCE:                   AS.WI.2

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

NAME OF APPLICANT/                Not applicable
RESPONDENT:

DATE REPORT WRITTEN:              09 June 2008

DISCLOSURE OF FINANCIAL The author notes that on 11 October 2006 he was the
INTEREST:               Shire observer at the State Government initiated
                        Wittenoom Steering Committee meeting during which a
                        draft copy of the report “Management of Asbestos
                        Contamination in Wittenoom” was discussed. The author
                        is aware of the report contents but is unable to comment
                        on them due to an interim Ministerial embargo on the
                        release of the report contents.


PREVIOUS MEETING                  Confidential Item 16.02.006 – 28 February 2006   Ordinary
REFERENCE:                        Meeting of Council.
                                  Confidential Item 16.10.002 – 24 October 2006    Ordinary
                                  Meeting of Council.
                                  Confidential Item 16.05.07 – 17 July 2007        Ordinary
                                  Meeting of Council.
                                  Confidential Item 16.10.18 – 16 October 2007     Ordinary
                                  Meeting of Council.
                                  Confidential Item 16.02.03 – 19 February 2008    Ordinary
                                  Meeting of Council.

Please refer to confidential attachment 16.06.12 under separate cover.
                          AGENDA – ORDINARY MEETING OF COUNCIL                        75
                                      17 JUNE 2008




17.06.0   NEXT MEETING
          The next Ordinary Meeting of Council will be held on 15 July, 2008 in the
          Ashburton Hall, Ashburton Avenue, Paraburdoo commencing at 9:00am.


18.06.0   CLOSURE OF MEETING

				
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