Shire of Cunderdin
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Shire of Cunderdin
Minutes of an Ordinary Council Meeting
Dear Council Member,
The Ordinary Meeting of the Cunderdin Shire Council was held on Thursday 21st June 2012 in the Council Chambers, Lundy Avenue Cunderdin commencing at 5:05 pm.
Peter Naylor
Chief Executive Officer
Table of Contents
1. Declaration of opening 4
2. Suspension of Clause 3.2 - Standing Orders 4
3. Public Question Time 4
4. Record of Attendance, Apologies and Approved Leave of Absence 6
5. Petitions, Deputations, Presentations 7
6. Announcements by President without discussion 7
7. Confirmation of the Minutes of Previous Meetings 8
8. Finance & Administration 9
8.1. Financial Report for May 2012 9
8.2. Accounts Paid – May 2012 11
8.3. Council Investments – At 31st May 2012 17
8.4. Regional Price Preference Policy 19
8.5. Shire of Cunderdin Common Seal 24
8.6. Shire of Cunderdin Meeting Dates for 2012/2013 26
8.7. Meeting Attendance Fees and Allowances 29
8.8. Cunderdin Senior Leisure Group – Donation Application Request 32
8.9. Budget Amendment 34
8.10 Cunderdin Community Resource Centre Council Donation Application – Late Item 36
9. Environmental Health & Building Services 39
9.1 Appointment of Authorised Officers under the Building Act 2011 and Building Regulations 2011 39
10. Works & Services 42
10.1. Manager of Works & Services Report – June 2012 42
10.2 Wheatbelt Catchment Alliance of WA (Inc.) 43
11. Planning & Development 46
11.1 Applications for Exploration Licences 70/4365 & 70/4366 46
11.2 Proposed Residential Subdivision – Lots 44 & 49 Yilgarn Street, Cunderdin – Stage 1 WAPC No. 137075 48
11.3 The Gliding Club of Western Australia – Request to incorporate Airfield Hut 111 into existing Lease Agreement 50
11.4 Planning Application 146130 - Lot 60 Togo Street, Cunderdin 55
11.5 Planning Application 146152 – Lot 2 Togo Street, Cunderdin 57
12. Urgent Items 59
13. Matters for which the meeting may be closed 59
14. Closure of meeting 59
AGENDA
Declaration of opening
The President declared the meeting open at 5:05pm
The Shire of Cunderdin disclaimer was read aloud.
The Local Government Act 1995 Part 5 Division 2 Section 5.25 and Local Government (Administration) Regulations 1996 Regulation 13
“No responsibility whatsoever is implied or accepted by the Shire of Cunderdin for any act, omission or statement or intimation occurring during this meeting. It is strongly advised that persons do not act on what is heard at this Meeting and should only rely on written confirmation of Council’s decisions, which will be provided within ten working days of this meeting”.
Suspension of Clause 3.2 - Standing Orders
|Location: |Cunderdin |
|Applicant: |Not applicable |
|Date: |5 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
Resolution:
Council suspends clause 3.2 – Order of Business – of the Shire of Cunderdin Standing Orders Local Law 2001
Moved: Cr Dennis Whisson Seconded: Cr David Beard
Vote – Simple majority Carried: 6/0
Public Question Time
Response to previous public questions taken on notice
Declaration of public question time opened at 5:06pm
Mr Mark Sullivan presented a number of questions, as detailed below, for Council response. The Shire President, and Councillors, provided some brief comments to Mr Sullivan on the questions raised but advised that the questions would be taken on notice and written response will be provided.
A copy of the responses have been included in the meeting minutes.
Proposed Redevelopment and Expansion of the Cunderdin Grain Receival Point
1. Can members of the Council tell me what the preferred route for Heavy Vehicles accessing CBH (when the new development is finished) given that the entry will be from Centenary Way and the exit Olympic Avenue?
The preferred route will remain Carter Drive. Even though the proposal is for Carter Drive to be closed as a public road and transferred to CBH, the Shire Chief Executive Officer has approached Cooperative Bulk Handling (CBH) with a view to the road remaining open for local heavy traffic carting to CBH and the Cunderdin Seed Works from the southern part of the Shire.
2. In endorsing CBHGroups upgrade, is the Shire aware that if they close Carter Drive they are taking away an access road and Heavy Vehicle route that actually allows traffic to flow through Cunderdin townsite basically unnoticed?
Council at the Ordinary Council Meeting on 15 March 2012 endorsed the concept plan however there is still a lot of work to do prior to the redevelopment commencing, the second part of the question is answered in point 1 above.
3. Has Council investigated re-aligning Carter Drive themselves instead of CBH Group?
Council has not considered this option.
4. Is it possible for the Council to consult with business’s that actually surround this new development and let us know what is happening whether it be by telephone, letter or any form of communication?
The proposed redevelopment will require public consultation in accordance with the Planning and Development Act 2005 and the Shire of Cunderdin Town Planning Scheme No 3, also the proposed road closure will require public notice in accordance with the Land Administration Act 1997. This consultation will be carried out in due course and at the appropriate time once a committed development proposal has been received.
5. If the new development goes ahead and CBHGroup purchase the given parcels of land which they have stated in their summary upgrade, will the council consider giving me some financial assistance to move to the industrial area, if there is going to be any land available in the near future?
Council can assist you in negotiations with CBH and Landcorp to access one of the new Light Industrial Lots to be developed off Centenary Place, however Council is not in a position to provide financial assistance.
Sporting Ground Redevelopment
1. In discussion with some councilors regarding upgrade of Sporting facilities, and with the advent of Royalties for Regions money being added recently bringing the current total of grant money to approx. 2.2million, will Council be consulting with sporting groups on the final design, and how long do you see this period lasting for?
Council has received a very good response in relation to grant applications for financial assistance to develop the sports ground redevelopment project. Floor plans are currently being finalised for the Change Rooms part of the project and then Council will commence work with the Architect on the Community Centre project. It is proposed these plans will then be consulted with the elected Sporting Facility Design Working Group of which sporting groups/clubs have representation. The matter will not go back out to the general community for further consultation as this has already been carried out. At the end of the day Council in consultation with the Working Group needs to get on with the job and finalise the project to enable works to commence on stage 1 at the completion of the current football season.
Declaration of public question time closed at 5:20pm
5:20pm Mark Sullivan departed the Council Chamber
Record of Attendance, Apologies and Approved Leave of Absence
Record of attendances
Councillors
Cr RL (Rod) Carter Shire President
Cr DT (David) Beard
Cr DG (Dianne) Kelly
Cr DB (Doug) Kelly
Cr TE (Todd) Harris
Cr DA (Dennis) Whisson
Apologies
Loren Clifford Manager Finance & Administration
On Leave of Absence
Cr RC (Clive) Gibsone Deputy Shire President
Cr GJ (Graham) Cooper
Staff
Peter Naylor Chief Executive Officer
Mark Burgess Manager Works
Guests of Council
Members of the Public
Mark Sullivan (to 5:20pm)
Applications for leave of absence
Declaration of Members and Officers Financial Interests
Cr Dennis Whisson Item 8.10: Cunderdin Community Resource Centre Council Donation Application.
Cr Rod Carter Item 11.3: The Gliding Club of Western Australia – Request to incorporate Airfield Hut 111 into existing Lease Agreement.
Petitions, Deputations, Presentations
Deputations
Presentations
2:30pm: Tim Shackleton, Caroline Langston, Jenny Lee, and Nicole Harwood representing the Southern Inland Health Initiative and Cunderdin District Hospital.
Announcements by President without discussion
Nil
Confirmation of the Minutes of Previous Meetings
7.1 Confirmation of Minutes of Previous Meetings
|Location: |Cunderdin |
|Applicant: |Administration |
|Date: |5 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |N/A |
|File Reference: | |
Proposal/Summary
Council to confirm the minutes of the Ordinary Council meeting held on 17 May 2012.
Background
The minutes have been circulated to all Councillors and they have been made available to the public.
Comment
No business arising.
Statutory Environment
Local Government Act 1995 Part 5 Division 2 Subdivision 3 - Section 5.22 (2) Regulations requires minutes of all meetings to be kept and submitted to the next full council meeting for confirmation.
Financial Implications
There are no financial implications in considering this item.
Resolution 7.1
That the minutes of the;
Ordinary Council meeting held on 17 May 2012, be confirmed as a true and correct record.
Moved: Cr Dennis Whisson Seconded: Cr Dianne Kelly
Vote – Simple majority Carried: 6/0
Note to this item:
The President will sign the minute declaration.
Finance & Administration
1 Financial Report for May 2012
|Location: |Cunderdin |
|Applicant: |Manager of Finance & Administration |
|Date: |7th June 2012 |
|Author: |Loren Clifford |
|Item Approved by: |Chief Executive Officer |
|File Reference: | |
Proposal/Summary
The financial position as at 31st May 2012 is presented for consideration.
Appendices – 31st May 2012 - Financial Statements
• Statement of Financial Activity
• Councillor EOY Estimate
• Operating Statement
• Statement of Surplus or Deficit
• Statement of Financial Position
• Statement of Cash Flows
• Details by Function & Activity
• Reserves Account Summary
• Loan Repayment Schedule
• Financial Activity Statement projected to 31st May 2012
• Municipal Bank Account Statement & Reconciliation (036-102 000030)
• Restricted Cash Account Statement & Reconciliation (036102 123263)
• Licensing Trust, Working Trust and REBA Trust Account Statements & Reconciliations
Statutory Environment
The Local Government Act 1995 Part 6 Division 3 requires that a monthly financial report be presented to Council.
Commentary
Nil
Policy Implications
Nil
Financial Implications
All financial implications are contained within the reports
Strategic Implications
Nil
Resolution 8.1
That council receive the financial report to 31st May 2012.
Moved: Cr David Beard Seconded: Cr Dennis Whisson
Vote – Simple majority Carried: 6/0
4 Accounts Paid – May 2012
|Location: |Cunderdin |
|Applicant: |Manager of Finance & Administration |
|Author: |Loren Clifford |
|Report Date: |7th June 2012 |
|Item Approved By: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
Council is requested to confirm the payment of Accounts totalling $ 1,403,342.61 listed in the Warrant of Payments for the period 1st May 2012 – 31st May 2012.
Attachments
Warrant of Payments for 1st May 2012 – 31st May 2012.
Statutory Environment
Financial Management Regulations 12 & 13
Commentary on Statutory Environment
In accordance with Financial Management Regulations 12 & 13, a List of all accounts paid or payable shall be presented to Council (Refer Warrant of Payments attached).
Policy Implications
Nil
Financial Implications
All financial implications are contained within the reports
Strategic Implications
Nil
The accounts paid and payable are summarised as follows for 1st May 2012 – 31st May 2012.
1.0 Accounts Already Paid
1.1 Municipal Fund –
|CHEQUE NUMBERS |AMOUNT |
| | |
|009620 - 009714 |$ 227,953.41 |
|Electronic Payments – Various |$ 731,296.02 |
|Internal Transfers |$ 900,000.00 |
| | |
|1.2 Other Funds – Recoup of Municipal Fund Expenditure and Term | |
|Investment | |
| | |
| Nil. | |
| | |
|CHEQUE NUMBERS |AMOUNT |
| |$ |
| | |
|2.0 Accounts to be passed for payment | |
| | |
| 2.1 Municipal Fund - | |
| | |
| Nil | |
| | |
| TOTAL MUNICIPAL FUNDS |$ 1,403,342.61 |
3. Trust Fund – Accounts Already Paid
|DATE |CHEQUE NUMBER |DETAILS |AMOUNT |
| | | |$ |
|Nil | | |0.00 |
Resolution 8.2
(a) That Council’s payment of accounts amounting to $ 1,403,342.61 for the period of 1st May 2012 – 31st May 2012 from the Municipal Fund be confirmed and noted.
(b) The Payments List as presented where incorporated in the Minutes of the Meeting.
Moved: Cr Doug Kelly Seconded: Cr David Beard
Vote – simple majority Carried: 6/0
|Payments List -May 2012 |
|Date |Reference |Creditor | Amount |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 83.70 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 71.16 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 46.00 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 30.77 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 22.00 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 18.00 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 13.00 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 13.00 |
|1/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 20.00 |
|1/05/2012 |EFT-531 |Westpac Banking Corporation |-$ 2,306.21 |
|2/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 12.75 |
|2/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 5.50 |
|4/05/2012 |EFT-493 |ALGA Conference Account |-$ 1,295.00 |
|4/05/2012 |Funds Tfr |Muni - Business Cash Reserve - 22-3647 |-$ 650,000.00 |
|4/05/2012 |Funds Tfr |Muni - Business Cash Reserve - 22-3647 |-$ 175,000.00 |
|4/05/2012 |Funds Tfr |Muni - Business Cash Reserve - 22-3647 |-$ 75,000.00 |
|8/05/2012 |9620 |Greenwood, M.D |-$ 264.00 |
|8/05/2012 |9621 |Suncorp WealthSmart |-$ 161.14 |
|8/05/2012 |9622 |Cunderdin Co-Op Fuel |-$ 12,750.00 |
|8/05/2012 |9623 |Cunderdin Co-op Museum |-$ 25.24 |
|8/05/2012 |9624 |Pitstop Diner |-$ 406.00 |
|8/05/2012 |9625 |Cunderdin Newsagency |-$ 276.80 |
|8/05/2012 |9626 |Telstra (Bigpond) |-$ 21.69 |
|8/05/2012 |9627 |Australia Post |-$ 156.05 |
|8/05/2012 |9628 |Country Ford |-$ 1,487.31 |
|8/05/2012 |9629 |Avdata Australia |-$ 706.87 |
|8/05/2012 |9630 |RNR Contracting Pty Ltd |-$ 60,797.64 |
|8/05/2012 |9631 |Goodfield Quality Meats |-$ 64.00 |
|8/05/2012 |9632 |BGC Quarries |-$ 960.07 |
|8/05/2012 |9633 |Synergy |-$ 2,480.90 |
|8/05/2012 |9634 |Water Corporation |-$ 21,165.10 |
|8/05/2012 |9635 |Hostplus |-$ 109.53 |
|8/05/2012 |9636 |Combined Tyrepower |-$ 123.20 |
|8/05/2012 |9637 |Baxters Rural Centre |-$ 12,077.75 |
|8/05/2012 |9638 |Horsfield, Garry |-$ 150.00 |
|8/05/2012 |9639 |Department of Commerce |-$ 998.80 |
|8/05/2012 |9640 |Westnet |-$ 44.95 |
|8/05/2012 |9641 |Westscheme Superannuation |-$ 488.10 |
|8/05/2012 |9642 |Telstra Corporation Limited |-$ 1,804.25 |
|8/05/2012 |9643 |Cunderdin Co-op |-$ 1,991.05 |
|8/05/2012 |9644 |BT Super for Life |-$ 31.50 |
|8/05/2012 |EFT-494 |HI Constructions |-$ 19,177.30 |
|Payments List -May 2012 |
|Date |Reference |Creditor | Amount |
|8/05/2012 |EFT-495 |Sandco Hire & Contracting |-$ 8,990.25 |
|8/05/2012 |EFT-496 |Portner Press Pty Ltd |-$ 89.00 |
|8/05/2012 |EFT-497 |Landgate |-$ 116.00 |
|8/05/2012 |EFT-498 |Dynasty International (Australia) Pty Ltd |-$ 78.65 |
|8/05/2012 |EFT-499 |WA Local Government Association |-$ 11.00 |
|8/05/2012 |EFT-500 |Jasol Australia |-$ 451.99 |
|8/05/2012 |EFT-501 |Austral Mercantile Collections Pty Ltd |-$ 6,491.28 |
|8/05/2012 |EFT-502 |The Wheeler Superannuation Fund |-$ 18.88 |
|8/05/2012 |EFT-503 |DBS Fencing |-$ 1,760.00 |
|8/05/2012 |EFT-504 |Specialised Tree Service |-$ 8,380.00 |
|8/05/2012 |EFT-505 |Rural Traffic Services |-$ 12,895.64 |
|8/05/2012 |EFT-506 |The Cunderdin Mob |-$ 457.50 |
|8/05/2012 |EFT-507 |Kings Services |-$ 50.00 |
|8/05/2012 |EFT-508 |Kleenheat Gas |-$ 56.00 |
|8/05/2012 |EFT-509 |Donovans Water Service |-$ 2,722.50 |
|8/05/2012 |EFT-510 |Hutton & Northey Sales |-$ 9,518.05 |
|8/05/2012 |EFT-511 |City and Regional Wastes Management Services |-$ 13,385.00 |
|8/05/2012 |EFT-512 |Snap Printing |-$ 150.00 |
|8/05/2012 |EFT-513 |RBE Internet Services |-$ 20.00 |
|8/05/2012 |EFT-514 |Water Dynamics |-$ 2,524.50 |
|8/05/2012 |EFT-515 |Courier Australia |-$ 115.77 |
|8/05/2012 |EFT-516 |Commarine |-$ 301.07 |
|8/05/2012 |EFT-517 |Corporate Express |-$ 101.51 |
|8/05/2012 |EFT-518 |Donovans Engineering |-$ 694.10 |
|8/05/2012 |EFT-519 |WA Local Government Superannuation Plan |-$ 3,884.71 |
|8/05/2012 |EFT-520 |Cunderdin Community Resource Centre |-$ 3,023.20 |
|8/05/2012 |EFT-521 |Air Liquid Pty Ltd |-$ 123.79 |
|8/05/2012 |EFT-522 |Clean it Environmental Solutions |-$ 3,953.18 |
|8/05/2012 |EFT-523 |Macs Agencies |-$ 441.00 |
|8/05/2012 |EFT-524 |Av-Sec Security |-$ 143.00 |
|8/05/2012 |EFT-525 |Tudor House |-$ 224.40 |
|8/05/2012 |EFT-526 |Meckering Roadhouse |-$ 2,064.32 |
|8/05/2012 |EFT-527 |Orica Australia Pty Ltd |-$ 75.24 |
|8/05/2012 |EFT-528 |Shire of Tammin |-$ 16,100.15 |
|8/05/2012 |EFT-529 |HCT Rural Agencies |-$ 22.93 |
|8/05/2012 |EFT-530 |Brickmart Northam |-$ 2,100.00 |
|9/05/2012 |Staff Wages |Staff Salaries & Wages |-$ 35,990.90 |
|15/05/2012 |9645 |Laird, Kelsey |-$ 75.00 |
|15/05/2012 |Bank Charges |Commonwealth Bank Australia |-$ 29.50 |
|15/05/2012 |EFT-532 |SGFleet |-$ 1,679.53 |
|17/05/2012 |9646 |Petty Cash |-$ 249.20 |
|23/05/2012 |Staff Wages |Staff Salaries & Wages |-$ 34,718.07 |
|25/05/2012 |9647 |Cunderdin Co-Op Fuel |-$ 8,910.00 |
|29/05/2012 |9619 |Country Ford |-$ 14,813.00 |
|Payments List -May 2012 |
|Date |Reference |Creditor | Amount |
|31/05/2012 |9689 |Suncorp WealthSmart |-$ 313.28 |
|31/05/2012 |9690 |Cunderdin Co-op Museum |-$ 64.69 |
|31/05/2012 |9691 |Macri Partners |-$ 5,226.10 |
|31/05/2012 |9692 |LG System Incorporated |-$ 5,945.77 |
|31/05/2012 |9693 |Carter, Cr Rod |-$ 560.00 |
|31/05/2012 |9694 |Shire of Goomalling |-$ 463.00 |
|31/05/2012 |9695 |O'Hare, FE & JE |-$ 6,820.00 |
|31/05/2012 |9696 |Avon Waste |-$ 6,044.73 |
|31/05/2012 |9697 |Mick Walker Transport |-$ 1,144.00 |
|31/05/2012 |9698 |Kelly, cr. Dianne |-$ 280.00 |
|31/05/2012 |9699 |Cunderdin Panelbeaters |-$ 300.00 |
|31/05/2012 |9700 |Synergy |-$ 5,902.25 |
|31/05/2012 |9701 |Water Corporation |-$ 75.50 |
|31/05/2012 |9702 |Combined Tyrepower |-$ 919.20 |
|31/05/2012 |9703 |Australian Taxation Office (BAS) |-$ 22,400.00 |
|31/05/2012 |9704 |Baxters Rural Centre |-$ 10,281.87 |
|31/05/2012 |9705 |J.H. & J.F. Harris |-$ 2,100.00 |
|31/05/2012 |9706 |Total Green Recycling |-$ 4,068.68 |
|31/05/2012 |9707 |Eliza Rose Cake Design |-$ 300.00 |
|31/05/2012 |9708 |Westnet |-$ 389.99 |
|31/05/2012 |9709 |Westscheme Superannuation |-$ 958.20 |
|31/05/2012 |9710 |Telstra Corporation Limited |-$ 99.32 |
|31/05/2012 |9711 |Gibsone, Cr Clive |-$ 280.00 |
|31/05/2012 |9712 |Cunderdin Co-op |-$ 1,931.44 |
|31/05/2012 |9713 |BT Super for Life |-$ 60.75 |
|31/05/2012 |9714 |Shire of Quairading |-$ 7,435.50 |
|31/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 0.31 |
|31/05/2012 |Bank Charges |Westpac Banking Corporation |-$ 3.39 |
|31/05/2012 |EFT-533 |Landgate |-$ 5,971.35 |
|31/05/2012 |EFT-534 |WA Local Government Association |-$ 528.13 |
|31/05/2012 |EFT-535 |The Wheeler Superannuation Fund |-$ 37.76 |
|31/05/2012 |EFT-536 |Contract Aquatic Services |-$ 3,960.00 |
|31/05/2012 |EFT-537 |Cunderdin Historical Society |-$ 24.00 |
|31/05/2012 |EFT-538 |Shire of York |-$ 1,422.59 |
|31/05/2012 |EFT-539 |Department Of Health (Permits) |-$ 175.00 |
|31/05/2012 |EFT-540 |Harris, Cr Todd |-$ 280.00 |
|31/05/2012 |EFT-541 |Cooper, Cr Graham |-$ 140.00 |
|31/05/2012 |EFT-542 |Cunderdin Football Club Inc. |-$ 506.70 |
|31/05/2012 |EFT-543 |Western Stabilisers Pty Ltd |-$ 5,751.24 |
|31/05/2012 |EFT-544 |Northam & Districts Glass Service |-$ 319.00 |
|31/05/2012 |EFT-545 |Delavale Contracting Pty Ltd |-$ 3,014.00 |
|31/05/2012 |EFT-546 |Bandicoot Express |-$ 20.00 |
|31/05/2012 |EFT-547 |JR & A Hersey |-$ 800.31 |
|31/05/2012 |EFT-548 |City and Regional Wastes Management Services |-$ 19,965.00 |
|Payments List -May 2012 |
|Date |Reference |Creditor | Amount |
|31/05/2012 |EFT-549 |RBE Internet Services |-$ 20.00 |
|31/05/2012 |EFT-550 |Courier Australia |-$ 22.18 |
|31/05/2012 |EFT-551 |A.S. Lundy & Co |-$ 12,663.75 |
|31/05/2012 |EFT-552 |WA Local Government Superannuation Plan |-$ 7,682.55 |
|31/05/2012 |EFT-553 |Cunderdin Community Resource Centre |-$ 7,902.42 |
|31/05/2012 |EFT-554 |Hostplus |-$ 85.19 |
|31/05/2012 |EFT-555 |O'Hare, Marguerita |-$ 105.00 |
|31/05/2012 |EFT-556 |Kelly, cr. Doug |-$ 140.00 |
|31/05/2012 |EFT-557 |Startrack Express |-$ 52.97 |
|31/05/2012 |EFT-558 |Whisson, Cr Dennis |-$ 280.00 |
|31/05/2012 |EFT-559 |CDA Air Conditioning & Refrigeration |-$ 660.00 |
|31/05/2012 |EFT-560 |Argent Electrical |-$ 1,018.60 |
|31/05/2012 |EFT-561 |Countryside Pest Control |-$ 363.00 |
|31/05/2012 |EFT-562 |Cody Express Transport |-$ 20.70 |
|31/05/2012 |EFT-563 |Dunscar Farm |-$ 1,705.00 |
|31/05/2012 |EFT-564 |Shire of Tammin |-$ 1,940.40 |
|31/05/2012 |EFT-565 |Beard, cr. David |-$ 280.00 |
|31/05/2012 |EFT-566 |HCT Rural Agencies |-$ 11.50 |
|31/05/2012 |EFT-567 |Westpac Banking Corporation |-$ 450.16 |
| | |TOTAL |-$ 1,403,342.61 |
5 Council Investments – At 31st May 2012
|Location: |Cunderdin |
|Applicant: |Manager of Finance & Administration |
|Author: |Loren Clifford |
|Report Date: |7th June 2012 |
|Item Approved By: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
To inform Council of its investments as at 31st May 2012.
Background
The authority to invest money held in any Council Fund is delegated to the Chief Executive Officer. Council Funds may be invested in one or more of the following:
• Fixed Deposits
• Commercial Bills
• Government bonds
• Other Short-term Authorised Investments
Council funds are to be invested with the following financial institutions.
• Major Banks & Bonds Issued by Government and/ or Government Authorities.
Commentary
|COUNCIL INVESTMENTS AS AT 31ST MAY 2012 |
|Institution |Amount |Investment type |Municipal |Reserve |
| |Invested | |Funds |Funds |
|Westpac Banking Corporation |$1,118.54 |Business Cash Reserve Bonus |$0.00 |$1,118.54 |
| | |13-7729 0.00% | | |
|Westpac Banking Corporation |$830,251.75 |Business Cash Reserve Bonus |$0.00 |$830,251.75 |
| | |22-3639 4.10% | | |
|Westpac Banking Corporation |$970,292.95 |Business Cash Reserve Bonus |$970,292.95 |$0.00 |
| | |22-3647 4.10% | | |
|TOTAL INVESTMENTS |$1,801,663.24 | |$970,292.95 |$831,370.29 |
Statutory Implications
Financial Management Regulation 19.
Policy Implications
Delegation #18 – Investments.
Financial Implications
There are no financial implications in considering this item.
Strategic Implications
There are no strategic implications in considering this item.
Resolution 8.3
That the report on Council investments as at 31st May 2012 be received and noted.
Moved: Cr Todd Harris Seconded: Cr Dianne Kelly
Vote – Simple Majority Carried: 6/0
6 Regional Price Preference Policy
|Location: |Shire of Cunderdin |
|Applicant: |Administration |
|Date: |5 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
To update Shire of Cunderdin Regional Price Preference Policy within the constraints of regulations.
This report recommends adoption of the draft Policy.
Background
Council adopted a Local Suppliers Preference – Works Policy #4 at its Ordinary Meeting held on 21 November 2003.
Subsequent to this, Council at its Ordinary Meeting held on 16 June 2011, considered the following Regional Price Preference Policy (Finance Policy #26) to replace the aforementioned Works Policy #4.
SHIRE OF CUNDERDIN
REGIONAL PRICE PREFERENCE POLICY
No 26 Date June 2011 Date Reviewed
References Local Government (Functions and General) Regulations 1996, Part 4A.
Subject Financial Management - Regional Price Preference
Policy
1) Subject to statement (2) below a regional price preference of 10% is to apply to
a) a tenderer for the supply of goods and services who has been operating continuously out of premises in the Shire of Cunderdin for at least 6 months;
b) a tenderer for the supply of goods and services not established within the Shire of Cunderdin on that component of the price relating to goods and services supplied from sources within the Shire of Cunderdin;
2) A regional price preference of 5% is to apply to
a) a tenderer for the supply of construction (building) services who has been operating a business out of premises in the Shire of Cunderdin for at least 6 months;
b) a tenderer for the supply of construction (building) services not established within the Shire of Cunderdin on that component of the price relating to construction (building) services provided by local suppliers;
3) Not withstanding statements 1) and 2) above price is only one of the factors to be assessed when the local government decides which tender to accept, and the cheapest or any tender will not necessarily be accepted. Other factors to be considered include due diligence, quality of the product, terms of supply including after sales service, freight costs, urgency factors and budget provision.
4) A regional price preference applies whenever tenders are called unless the local government resolves otherwise in reference to a particular tender.
At the 16 June 2011 OCM Council resolved as follows:
a) That Council adopt the Regional Price Preference Policy (Finance Policy # 26) in its draft form, pending consideration of any public submissions received.
(b)That Council give authority to advertise the amended policy in accordance with section Regulation 24F of the Local Government (Functions & General) Amendment Regulations 2000.
Comments
Statewide notice of the Regional Price Preference Policy, in accordance with the requirements of the Local Government (Functions and General) Amendment Regulations 2000, regulation 24F, was advertised in the West Australian Newspaper on Wednesday 11 April 2012.
Advertisement was also displayed on the Shire Administration Office notice board.
The public submission period closed at 4:00pm on Friday 11 May 2012.
At the close of the submission period no submissions have been received.
Statutory Environment
Local Government (Functions and General) Regulations 1996, Part 4A 24C, 24D, 24E & 24F.
24C Regional price preference may be given
A local government located outside the metropolitan area may give a regional price preference to a regional tenderer in accordance with this Part.
24D Price percentage within which preference may be given
1) A preference may be given to a regional tenderer by assessing the tender from that regional tenderer as if the price bids were reduced by –
a) up to 10% - where the contract is for goods or services, up to a maximum price reduction of $50,000.00;
b) up to 5% - where the contract is for construction (building) services, up to a maximum price reduction of $50,000.00: or
c) up to 10% - where the contract is for goods or services (including construction (building) services), up to a maximum price reduction of $500,000.00, if the local government is seeking tenders for the provision of those goods or services for the first time, due to those goods and services having been, until then, undertaken by the local government.
(2) Although goods or services that form a part of a tender submitted by a tenderer (who is a regional tenderer by virtue of regulation 24B(2)(b)) may be —
(a) wholly supplied from regional sources; or
(b) partly supplied from regional sources, and partly supplied from non-regional sources, only those goods or services identified in the tender as being from regional sources may be included in the discounted calculations that form a part of the assessments of a tender when a regional price preference policy is in operation.
3) Despite subregulation (1), price is only one of the factors to be assessed when the local government is to decide which of the tenders it thinks would be most advantageous to that local government to accept under regulation 18(4).
24E Preparation of policy
1) Where a local government intends to give a regional price preference in relation to a process, the local government is to-
a) Prepare a proposed regional price preference policy (if no policy has yet been adopted for that kind of contract);
b) Give statewide public notice of the intention to have a regional price preference policy and include in that notice –
(i) the region to which the policy is to relate;
(ii) details of where a complete copy of the proposed policy may be obtained; and
iii) a statement inviting submissions commenting on the proposed policy, together with a closing date of not less than 4 weeks for those submissions;
c) Make a copy of the proposed regional price preference policy available for public inspections in accordance with the notice.
2) A regional price preference policy may be expressed to be –
a) for different regions in respect of different parts of the contract, or the various contracts, comprising the basis of tender;
b) for different goods or services within a single contracts;
c) for different price preferences in respect of the different goods or services that are the subject of a tender or tenders (subject to the limits imposed by regulation 24D)
or for any combination of those factors
(3) A region -
a) Must be (or include) the entire district of local government; and
b) Cannot include a part of the metropolitan area
(4) A policy cannot be adopted by local government until the local government has considered all submission that are received in relation to the proposed policy and, if that consideration results in significant changes to the proposed policy, the local government must again give Statewide public notice of the altered proposed regional price policy.
24F Adoption and Notice of policy
1) A policy cannot be adopted by a local government until at least 4 weeks after the publication of the Statewide notice of the proposed policy.
(2) An adopted policy must state-
(a) The region or regions within which each aspect of it is to be applied;
(b) The types and nature of business that may be considered for each type of preference;
(c) Whether the policy applies to-
i) Different regions in respect of different parts of the contract, or the various contracts, comprising the basis of the tender;
ii) Different goods or services within a single contract or various contracts;
iii) Different price preference in respect of the different goods or services that are the subject of a tender or tenders,
or to any combination of those factors, and
(d) Any other factors that the local government may take into account when considering whether a preference is to be given
3) An adopted policy cannot be applied until the local government gives Statewide notice that it has adopted that policy
4) The local government is to ensure that a copy of an adopted regional price preference policy is -
a) included with any specification for tenders to which the policy applies; and
b) Kept available for public inspection (Admin Reg 29)
24 G Adopted policy applies
A local government that has adopted a regional price preference policy in relation to a certain type of contract may choose not to apply that policy to a particular tender in the future for a contract of that type but, unless it does do, the policy is to apply to all like tenders.”
Policy Implications
Creation of new Policy – Finance #26, and cancellation of existing Policy – Works #4.
Financial Implications
Any financial implications are outlined in the policy.
Strategic Implications
Council support for local business and economy.
|Resolution 8.4 |
| |
|That Council: |
| |
|Adopts the draft Regional Price Preference Policy (Finance Policy #26) as presented to the 16 June 2011 Ordinary Meeting of Council and |
|advertised for public comment. |
| |
|Rescinds Local Suppliers Preference Policy (Works Policy #4) adopted 21 November 2003. |
| |
| |
|Moved: Cr David Beard Seconded: Cr Todd Harris |
| |
|Vote - Absolute majority Carried: 6/0 |
8 Shire of Cunderdin Common Seal
|Location: |Not applicable |
|Applicant: |Not applicable |
|Date: |5 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
Seeking Council endorsement for the affixing of the Shire of Cunderdin Common Seal on various documents in accordance with Council Policy #12 adopted 19 April 2007.
Background
Shire of Cunderdin Policy #12 authorises the Chief Executive Officer to affix the Common Seal to documents to be executed by the Shire where such documents are consistent and in accord with Council resolution.
Council is then to be notified of executed documents via a report to be submitted to a Council meeting.
Comments
During the previous month the Shire President and/or Chief Executive Officer witnessed the affixing of the Shire of Cunderdin Common Seal to the following document(s):
• 9 May 2012 – Memorandum of Understanding between the Shire of Cunderdin, National Trust of Australia (WA), and the Cunderdin Men’s Shed Inc. to utilise the Howard Blyth Workshop facility at the Cunderdin Museum.
• 9 May 2012 – Memorandum of Understanding between the Shire of Cunderdin and the Cunderdin Community Resource Centre Inc. for the provision of Library Services.
• 15 June 2012 – Financial Assistance Agreement between the Shire of Cunderdin and the Department of Regional Development and Lands, Royalties for Regions Country Local Government Fund 2011/2012 Regional Group Project Cunderdin Function and Recreation Centre.
Consultation
Nil
Statutory Implications
Local Government Act 1995 – Section 9.49A
Policy Implications
Nil
Financial Implications
Nil
Strategic Implications
Nil
Resolution 8.5
That Council endorses the affixing of the Shire of Cunderdin Common Seal to the following documents:
a) 9 May 2012 – Memorandum of Understanding between the Shire of Cunderdin, National Trust of Australia (WA), and the Cunderdin Men’s Shed Inc. to utilise the Howard Blyth Workshop facility at the Cunderdin Museum.
b) 9 May 2012 – Memorandum of Understanding between the Shire of Cunderdin and the Cunderdin Community Resource Centre Inc. for the provision of Library Services.
c) 15 June 2012 – Financial Assistance Agreement between the Shire of Cunderdin and the Department of Regional Development and Lands, Royalties for Regions Country Local Government Fund 2011/2012 Regional Group Project Cunderdin Function and Recreation Centre.
Moved: Cr Dennis Whisson Seconded: Cr Dianne Kelly
Vote – Simple Majority Carried: 6/0
10 Shire of Cunderdin Meeting Dates for 2012/2013
|Location: |Shire of Cunderdin |
|Applicant: |Chief Executive Officer |
|Date: |6 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
For Council to consider the Council and Committee meetings dates and times for the 2012/2013 financial year.
Background
Each year Council is required to set the dates for their Ordinary and Committee meetings for the next financial year.
Currently Ordinary Meetings of Council are held on the third (3rd) Thursday of each month, with the exception of the month of January, commencing at 5:00pm.
Comment
The current meeting schedule appears to work well for the Council members and provides reasonable opportunity for members of the community to attend the meetings if desired.
In accordance with Regulation 12 of the Local Government (Administration) Regulations 1996, Council must give local public notice of the times, dates and place for Ordinary and Committee meetings.
Consultation
Nil
Statutory Implications
Local Government Act 1995 – section 5.3 Ordinary and Special Meetings of Council
5.3. Ordinary and special council meetings
(1) A council is to hold ordinary meetings and may hold special meetings.
(2) Ordinary meetings are to be held not more than 3 months apart.
(3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister of that failure.
Local Government (Administration) Regulations 1996 – Regulation 12 Public Notice of Council and Committee meetings
12. Meetings, public notice of (Act s. 5.25(1)(g))
(1) At least once each year a local government is to give local public notice of the dates on which and the time and place at which —
(a) the ordinary council meetings; and
(b) the committee meetings that are required under the Act to be open to members of the public or that are proposed to be open to members of the public,
are to be held in the next 12 months.
(2) A local government is to give local public notice of any change to the date, time or place of a meeting referred to in subregulation (1).
(3) Subject to subregulation (4), if a special meeting of a council is to be open to members of the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.
(4) If a special meeting of a council is to be open to members of the public but, in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in subregulation (3), then the local government is to give public notice of the date, time, place and purpose of the special meeting in the manner and to the extent that, in the CEO’s opinion, is practicable.
Policy Implications
Nil
Financial Implications
Nil
Strategic Implications
Nil
|Resolution 8.6 |
| |
|That Council adopts and provides Local Public Notice for the following Ordinary Council and Committee meetings dates, times and places for the|
|2012/2013 financial year: |
| |
|Ordinary Meetings of Council will be held on the third (3rd) Thursday of each month, with the exclusion of January when there will be no |
|meeting, commencing at 5:00pm at the Council Chambers, Lundy Avenue, Cunderdin. |
|Cunderdin Museum Committee Meetings will be held on the second (2nd) Thursday of each third month, four times per year (February, May, August |
|& November) commencing at 7:30pm at the Cunderdin Museum, Forrest Street, Cunderdin. |
|Audit Committee meetings will be held as and when required with local public notice given on those occasions where the public are invited to |
|attend. |
|Local Emergency Management Committee (LEMC) meetings are to be held four (4) times per year on the last Wednesday of each third (3rd) month, |
|August, November, February & May, commencing at 5:30pm in the Council Chamber, Lundy Avenue, Cunderdin. |
| |
| |
|Moved: Cr Todd Harris Seconded: Cr Dennis Whisson |
| |
|Vote – Simple majority Carried: 6/0 |
12 Meeting Attendance Fees and Allowances
|Location: |Cunderdin |
|Applicant/s: |Administration |
|Date: |6 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Proposal/Summary
To consider and set the Meeting attendance fees and allowances for 2012/2013.
Background
Each year Council is required to set the Meeting Attendance Fees and Allowances for the next Financial Year.
At the 16 June 2011 Ordinary Meeting Council resolved as follows for the 2011/2012 financial year.
(1) That the following meeting attendance fees be paid during the 2011/12 financial year
Ordinary Meeting of Council
Shire President Two Hundred & Eighty Dollars ($280.00) per meeting attended
Councillors One Hundred & Forty Dollars ($140.00) per meeting attended
Other (Special) Meetings of Council
Shire President One Hundred & Forty Dollars ($140.00) per meeting attended
Councillors Seventy ($70.00) dollars per meeting attended
Committee Meetings of Council
Shire President Seventy ($70.00) dollars per meeting attended
Councillors Seventy ($70.00) dollars per meeting attended
Electors Meetings
No Meeting attendance Fees payable.
(2) That the following travel expenses be paid during the 2011/12 Financial Year
If travel to and from meetings from a Councillor’s or Committee Member’s place of work or residence is by normal public transport, ie aircraft, train or bus etc., the actual cost of the return fare.
If travel to and from meetings from a Councillor’s or Committee Member’s place of work or residence is by vehicle, and fuel and oil are provided by the Council, the actual cost of such fuel and oil will be paid.
Should two (2) or more Councillors and/or Committee Members travel to and from meetings in the same vehicle, then expenses on whatever basis assessed will be reimbursed only on that vehicle and only to the recognised owner of that vehicle.
(3) In accordance with section 5.98(5) of the Local Government Act 1995 Council adopt a local government allowance of $1,000.00 pa
(4) In accordance with section 5.98A of the Local Government Act 1995 Council adopt a local government allowance of $250.00 pa
Comment
Since the adoption of the fees and allowances for the 2011/2012 financial year amendments have been effected to the Local Government (Administration) Regulations 1996 introducing new Regulations 30(3A), 30(3B) & 30(3C). These new regulations introduce a $30 minimum fee and $70 maximum fee for an elected member or delegate to attend any of the following meetings:
• WALGA Zone.
• Regional Road Group.
• Regional Local Government.
• Meeting other than a council or committee meeting where the council member is attending at the request of a Minister of the Crown.
• Meeting other than a council or committee meeting where the council member is representing a local government as a delegate elected or appointed by the local government.
Whether or not Council would like to include the new fees in the fees and allowances for 2012/2013 will be left up to Council debate, however it does seem fair and reasonable that the fee, whether the minimum or maximum amount, is just compensation for a council member whom sacrifices their own time and work to attend such meetings. Especially if they have to pay an employee to attend to their normal work or business whilst they are at the meeting.
It is being recommended that Council sets the meeting attendance fees and allowances at the same rate as was set for the 2011/2012 financial year.
Consultation
Nil
Statutory Implications
Local Government Act 1995 – sections 5.98 Fees etc. for council members; 5.98A Allowance for deputy mayor or deputy president; 5.99 Annual fee for council members in lieu of fees for attending meetings; 5.99A Allowances for council members in lieu of reimbursement of expenses.
Local Government (Administration) Regulations 1996 – Regulations 30 Meeting attendance fees; 31 Expenses to be reimbursed; 32 Expenses that may be approved for reimbursement; 33 Annual local government allowance for mayors or presidents; 33A annual local government allowance for deputies; 34 Annual attendance fees; 34A Allowances in lieu of reimbursement of telephone etc. expenses; 34AA Allowances in lieu of reimbursement of information technology expenses; 34AB Allowances in lieu of reimbursement of travelling and accommodation expenses.
Policy Implications
Nil
Financial Implications
Provision will be made in 2012/2013 Budget.
Strategic Implications
Nil
14 Cunderdin Senior Leisure Group – Donation Application Request
|Location: |Cunderdin |
|Applicant: |Mr Edmund Jones - Secretary, Cunderdin Senior Leisure Group |
|Date: |6 June 2012 |
|Author: |Community Development Officer |
|Item Approved by: |Chief Executive Officer |
|File Reference: |ADM0038 |
Proposal/Summary
Cunderdin Senior Leisure Group has requested a Council Donation of $1000.
This report recommends Council support the request.
Background
Council have Community Donation accounts for supporting of local community groups and events
Comment
The Cunderdin Seniors Leisure Group (CSLG) has requested funding for the weekly bus service that transports the seniors from their home address to the St John Ambulance Hall where they undertake a variety of activities including bingo and other socialisation activities.
The CSLG have requested $1000 towards bus hire costs that are already provided at a subsidised rate from a local bus company. This service is vital to the ongoing needs of our ageing population, and without funding for this service it is likely that the CSLG may not have enough funds to continue
into future years.
|INCOME |
|Community Grant |$ 1000 |
|Group/ Organisation Contribution |$ 1455 |
|Other- Member Contribution to Christmas Lunch |$ 250 |
|Total Income |$ 2705 |
|EXPENDITURE |
|Item A - Venue Hire |$ 264 |
|Item B - Stationary |$ 100 |
|Item C - Fuel |$ 100 |
|Item D – Christmas Lunch |$ 250 |
|Item E – Prizes/ Afternoon Tea Supplies |$ 655 |
|Item F – Weekly Bus Hire |$ 920 |
|Item G – Catering Notre Dame Visit |$ 232 |
|Total Expenditure |$ 2521 |
In the 2010/11 financial year the Seniors Leisure Group was provided with $1,000 to subsidise fuel and bus hire costs for bringing Seniors Group members to the St John Ambulance hall for their regular activities.
CSLG was provided with $1,000 in the 2011-2012 financial year to assist with bus hire costs.
This year the Seniors Leisure Group have requested $1,000 to cover continual running costs of the Group (as outlined in the attached budget).
Consultation
Edmund Jones, Secretary for Cunderdin Senior Leisure Group contacted the Community Development Officer to discuss the application process for council funding. CDO provided information and council donation application form to Mr Jones.
Statutory Implications
Nil
Policy Implications
4.0 Assessment Criteria
Applications for projects, events or facilities will be assessed under the following categories:
• Applicant’s demonstrated proven record in providing quality community, sporting or cultural
• events or programs;
• Cultural, community, sporting or artistic merit of the proposed program, event or facility;
• Originality of the program, event or facility;
• Demonstrated relevance of the proposed project or event to the target audience;
• The project increases opportunities to extend community capacity for cultural and or artistic
• activity;
• The program encourages links between cultural, sporting, business, and tourism;
• The program increases returns on cultural, sporting or community infrastructure in the town;
• The project improves economic viability and demonstrates capacity to increase and diversify
• financial resources for community, sporting or cultural services and programs;
• The funds provided by Council must not lead to an applicant becoming dependent on Council
• for ongoing financial support; and
• The applicant has a demonstrated capacity for program development and management;
Financial Implications
If approved, $1000 will be allocated from the Council Donation Account from the 2012-13 Annual Budget.
Strategic Implications
Nil
16 Budget Amendment
|Location: |Cunderdin |
|Applicant/s: |Administration |
|Date: |6 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Proposal/Summary
Re-allocate funds to correct the brought forward balance as per the Annual Budget 2011/2012.
Background
The Annual Budget for 2011/2012 declared that the brought forward balance was $1,700,714 and the audited Annual Financial Statements for 2010/11 showed the figure to be $1,621,376, a variance of $79,338.
Statutory Implications
Section 6.8 of the Local Government Act states;
6.8. Expenditure from municipal fund not included in annual budget
(1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —
(a) is incurred in a financial year before the adoption of the annual budget by the local government;
(b) is authorised in advance by resolution*; or
(c) is authorised in advance by the mayor or president in an emergency.
* Absolute majority required.
Policy Implications
There are no policy implications in considering this item.
Financial Implications
Proposed Budget amendments;
(Table 1.1)
| Account | |Current |DR |Cr |
| | |Budget | | |
| | | | | |
|95112921 |Rabbit Proof Fence Sculpture |$10,000 | |$10,000 |
|95130321 |Town Entry Statements |$20,000 | |$20,000 |
|New Account |Museum Signs |$10,000 | |$10,000 |
|New Account |LGS Implementation Expenses |$10,000 | |$10,000 |
|951119 |Cunderdin Bowling & Tennis Club Costs |$80,308 | |$15,000 |
|9504182002 |Staff Recruitment |$19,000 | |$14,338 |
|999902 |Surplus Carried Forward |$1,621,376 |$79,338 | |
| | |Total |$79,338 |$79,338 |
| | | | | |
The proposed budget amendments still provide for a balanced budget.
Strategic Implications
There are no policy implications in considering this item.
Resolution 8.9
1) That in accordance with section 6.8 of the Local Government Act all new expenditure items previously not budgeted for which are now contained within Report 8.9 be authorised by Council.
2) The 2011/2012 Annual Budget be amended as detailed Report 8.9 - Table 1.1
Moved: Cr David Beard Seconded: Cr Dianne Kelly
Vote – Absolute majority Carried: 6/0
8.10 Cunderdin Community Resource Centre Council Donation Application – Late Item
|Location: |Cunderdin |
|Applicant: |Faye Christison, Assistance Co-ordinator |
| |- Cunderdin Community Resource Centre |
|Date: |21 June 2012 |
|Author: |Community Development Officer |
|Item Approved by: |Chief Executive Officer |
|File Reference: |ADM0038 |
Cr Dennis Whisson declared a financial interest in this item as he is the Chairman of the Cunderdin Community Resource Centre.
Cr Whisson left the Council Chambers at 6:00pm.
Proposal/Summary
The Cunderdin Community Resource Centre has requested a Council Donation of $590.
This report recommends Council support the request to amount of $490..
Background
Council have Community Donation accounts for supporting of local community groups and events
Comment
The Cunderdin Community Resource Centre (CCRC) has requested Council Donation of $590 to fund school holiday activities during the July School Holidays for primary age children. The activities include cake decorating and paper crafting with experienced tutors to be held at the Cunderdin Community Resource Centre.
The requested funds will cover the costs of engaging suitable tutors and the purchase of materials for 3 x 2 hour classes in cake decorating and 2x 2hours classes in paper crafting. There is a request to cover the costs of room hire for the duration of the classes.
|INCOME |
|Community Grant |$ 590 |
|Group/ Organisation Contribution |$ 0 |
|Other Fees $2 per child per session |$ 100 |
|Total Income |$ 690 |
|EXPENDITURE |
|Item A - Tutor Cake Decorating 6x $30 |$180 |
|Item B - Tutor Paper crafting 4 x $30 |$120 |
|Item C - Material cake decorating $5 per child per session |$150 |
|Item D –Material Paper Crafting $7 per child per session |$140 |
|Item E – Room Hire |$100 |
|Total Expenditure |$690 |
It is recommended that as the CCRC owns the building it is not required to pay for room hire (Item E – Room Hire $100) therefore the actual amount for the community donation be reduced to $490 as demonstrated in adjusted budget below.
Adjusted Budget
|INCOME |
|Community Grant |$ 490 |
|Group/ Organisation Contribution |$ 0 |
|Other Fees $2 per child per session |$ 100 |
|Total Income |$ 590 |
|EXPENDITURE |
|Item A - Tutor Cake Decorating 6x $30 |$180 |
|Item B - Tutor Paper crafting 4 x $30 |$120 |
|Item C - Material cake decorating $5 per child per session |$150 |
|Item D –Material Paper Crafting $7 per child per session |$140 |
| |$0 |
|Total Expenditure |$590 |
Previous Council Funding
Cunderdin CRC has applied for and received $390 in November 2011 to assist in covering the costs of running a Seniors Week Celebration. This funding was fully acquitted.
Cunderdin CRC received $500 in Council managed Dry Season Funding in April 2011 to assist in the running costs of hosting a Water Wise Gardening Forum.
Consultation
Faye Christison, Assistant Coordinator of the Cunderdin Community Resource Centre contacted the Shire Council’s Community Development Officer to discuss the application process for Council funding. CDO provided information and council donation application form to Mrs Christison.
Statutory Implications
Nil
Policy Implications
4.0 Assessment Criteria
Applications for projects, events or facilities will be assessed under the following categories:
• Applicant’s demonstrated proven record in providing quality community, sporting or cultural
• events or programs;
• Cultural, community, sporting or artistic merit of the proposed program, event or facility;
• Originality of the program, event or facility;
• Demonstrated relevance of the proposed project or event to the target audience;
• The project increases opportunities to extend community capacity for cultural and or artistic
• activity;
• The program encourages links between cultural, sporting, business, and tourism;
• The program increases returns on cultural, sporting or community infrastructure in the town;
• The project improves economic viability and demonstrates capacity to increase and diversify
• financial resources for community, sporting or cultural services and programs;
• The funds provided by Council must not lead to an applicant becoming dependent on Council
• for ongoing financial support; and
• The applicant has a demonstrated capacity for program development and management;
Financial Implications
If approved, $490 to be taken from the Council Donation Account from the 2012-13 Annual Budget.
There is $6,126.03 remaining in the Council Donation Account (2011-12 Budget)
Strategic Implications
Nil
Cr Whisson returned to the Council Chambers at 6:03pm
Environmental Health & Building Services
9.1 Appointment of Authorised Officers under the Building Act 2011 and Building Regulations 2011
| Location: |Shire of Cunderdin |
|Applicant/s: |Administration |
|Date: |6 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Proposal/Summary
This report requests that Council directly appoint Authorised Officers under the provisions of the Building Act 2011 and Building Regulations 2011.
Existing Delegations 21 (Demolition – Issue of Licences) and 22 (Building – Notices) require review to reflect the changes required in Council Directly Appointing Authorised Officers under the Building Act 2011 and Building Regulations 2011.
Background
To allow for the Shire of York Officers to undertake statutory duties and implement the Building Act 2011 and the Building Regulations 2011, the local government needs to delegate Authorised Officers. Unfortunately the present provision for the Chief Executive Officer to re-assign certain delegations directly to other staff cannot be amended to enable the appointment of Authorised Officers under the Building Act 2011. The reason for this is Council must delegate to persons to carry out such duties directly.
Comment
The enforcement of the Building Act 2011 requires Authorised Officers to be appointed directly (not by delegation from the CEO) to implement the provisions of the Act and Regulations. The current provision provides for delegation by the CEO to the Officers to issue building licenses and other statutory functions under the former building legislation. This needs to be updated, to give the appropriate powers for the appropriate Authorised Officers to carry out the duties of the new Act. Because the Building Act 2011 and Regulations 2011 deals exclusively with building control activities the amended delegation does not need to specify specific sections /clauses (unlike the former Local Government Miscellaneous Provisions Act 1960).
Whilst the Act refers to delegation being to a person, under Sections 96 and 127 of the Act, the provisions of the Interpretation Act 1984 make it clear this can also mean a “position” as well as an individual person. It is therefore appropriate to include the following positions in Council’s delegation: Manager Health Building, Senior Building Surveyor, Building Surveyor and Assistant Building Surveyor. It is pertinent to note that these positions/employees are actually employed by the Shire of York and services outsourced to the Shire of Cunderdin.
It is important to note that the exercise of this delegation is limited by the qualifications of the person holding any of the positions under the Building Regulations and any such person must also act under the directions of the Local Authority.
Under the Regulations there are three distinct levels of qualifications listed nominated as levels 1, 2 and 3. Each of these levels which are obtained through training and experience give differing levels of authority to act under the Act and Regulations. Level 1 is only limited by the authority to act given by any specific local authority. Level 2 adds a restriction on authority to act based on the size and number of storey’s in a building. Level 3 limits the authority on officer to act based on further size and height restrictions and then further again limits this to only being able to deal with domestic structures.
Whilst this means a qualified Building Surveyor (depending on qualification level) can exercise a wide range of powers under the Act (such as the issue of Certificates of Design Compliance, Uncertified Building Permits, Occupancy Permits and the like) any other person delegated as an Authorized Officer would be very limited in how he or she could use the same legislation provisions. One example of an authority that an unqualified Authorized Officer could be given is the issuing of Building Permits for Certified applications. This can be carried out by a person considered “suitable” under the legislation.
As the new legislation has been enacted on 2 April 2012 it is important that the delegations are updated at this stage.
Consultation
Nil
Statutory Implications
Under the provisions of the Building Act 2011 a Local Government is a “Permit Authority” within its municipality. Local Governments need to appoint suitably qualified persons to administer the Building Act and Regulations. Section 96 of the Act states:
“A Local Government may by instrument in writing designate a person employed by the local government under the Local Government Act 1995 section 5.36, as an authorised person for the purposes of this Act in relation to buildings and incidental structures located, or proposed to be located, in the district of the local government. ”
The permit authority (Shire of Cunderdin) must give an identity card to each person designated by it as an authorised person in accordance with the provisions of section 97 of the Act.
Under the provisions of section 99 of the Building Act an authorised officer must act in accordance with the directions of the permit authority and subject to any limitations imposed by regulation or the permit authority.
The current delegations as indicated below need to be amended to include reference to direct delegation from Council to the Authorised Officer under the Building Act 2011 and associated Regulations and the deletion of references to the Local Government (Miscellaneous Provisions Act) 1995, and to amend the legislation under which the delegation is provided.
No 21 Date Adopted 19 April 07 Date Reviewed 16 June 2011
References Local Government (Miscellaneous Provisions) Act – Section 374A
Subject Demolition – Issue of Licences
Actual Delegation
Council delegates its authority and power to the Chief Executive Officer to issue Demolition Licences and impose conditions as appropriate.
Conditions
Each application shall comply with the appropriate Laws, Codes, Local Laws, Administrative Polices and specific resolution of Council.
Applicant being advised of objection and/or appeal rights.
The exercise of these powers on the discharge of these duties, is subject to the Officers and/or Employees exercising the Delegation; keeping a written record of, and recording within an appropriate Database, details of how the delegation was exercised, when the delegation was exercised, the persons or classes of persons directly affected by the exercise of the power on the discharge of the duty.
No 22 Date Adopted 19 April 07 Date Reviewed 16 June 2011
References Local Government Act 1995 - S3.25
Subject Building - Notices
Actual Delegation
Council delegate its authority and power to the Chief Executive Officer to issue notices pursuant to Part XV of the Local government (Miscellaneous Provisions) Act 1960.
Conditions
a) Subject to the express provisions contained in the Act, Council's Policies and Resolutions of Council.
b) Applicant being advised of objection and/or appeal rights.
Policy Implications
Nil
Financial Implications
Nil
Strategic Implications
To ensure that building standards are maintained it is essential that Council delegates authority to appoint Authorised Officers under the Building Act and Building Regulations 2011 once they come into effect.
Works & Services
1 Manager of Works & Services Report – June 2012
|Location: |Cunderdin |
|Applicant: |Manger Works and Services |
|Date: |14th June 2012 |
|Author: |Mark Burgess |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal
Council is to receive the Manager of Works and Services Report for June 2012.
Construction
All major construction has been completed; however we have now started back on the Cunderdin Quairading rd.
Gravel Sheeting Works
All gravel sheeting works have been completed.
Maintenance Grading
We have graded all roads east of Doodenanning rd and will be making our way into the North East corner of the shire. Unfortunately some roads are dry when graded as we have not had the rainfall to sustain moisture. This is still the case although now we are experiencing good rains.
General
Bernard O’Donnell is presently carrying out supervision works for Tammin and at the same time we are hiring our grader to the Shire of Tammin. This will probably end at the end of the month.
I have been asked to cost approx. 5kms of road for the Shire of Bruce Rock. I think this is a great opportunity for the Shire to make a little money outside of its normal works. It would be project managed by me.
Statutory Implications
Nil
Financial Implications
Nil
Strategic Implications
Nil
Resolution 10.1
That the Manager of Works and Services Report for June 2012 be received.
Moved: Cr Doug Kelly Seconded: Cr Todd Harris
Vote – Simple majority Carried: 6/0
2 Wheatbelt Catchment Alliance of WA (Inc.)
| Location: |Cunderdin |
|Applicant/s: |Wheatbelt Catchment Alliance of WA (Inc.) |
|Date: |5 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Proposal/Summary
This report recommends Council considers financially supporting the Wheatbelt Catchment Alliance of WA.
Background
The Wheatbelt Catchment Alliance of WA (Inc.) was formed in 2006 from a series of meetings throughout the Wheatbelt discussing the onset of secondary salinity in the Wheatbelt.
The WCA committee decided at its 2008 AGM to forward a proposal the Minister for Regional Development requesting the government invest $27.5M of Royalties for Regions funding over five years to support a comprehensive regional drainage program to establish 1000km of deep drains within the WCA area of interest. This area of interest stretches from the Shire of Morawa to the Shire of Kent – a map outlining this area is included in the attached letter from the WCA. Council participants in the program will be required to contribute towards the administration costs which is estimated to be $3,000 to $4,000 per annum.
The business case has been included as an attachment, while a short summary of the business case for the Establishment of Arterial Drainage Networks in the Wheatbelt of Western Australia is provided below.
The Need and Solution:
• A new approach to managing salinity in the Wheatbelt is urgently required in order to reverse the degradation of prime farmland.
• Although 9% (810,000 ha) of the total area of Wheatbelt (9m ha) is already rendered unproductive due to salt encroachment, 75% of this could be recovered.
• There is a growing body of scientific evidence to support deep drainage as the solution.
• Consistently, studies have demonstrated that arterial drainage systems can be an effective solution so long as the drains are designed properly, well-constructed and managed properly.
The Proposed Project:
• Construction of 1,000 km of arterial drains in targeted priority sub-catchments across the Wheatbelt, with associated research and monitoring activities.
• Drains will provide farmers the opportunity to connect to a public facility that will provide safe disposal of ground water into designated playa lakes on the periphery of major lake chains.
• Design will incorporate appropriate surface water management channels to ensure that surface water will be excluded from the drain as far as practicable.
• Approx. one quarter of the landholders that would be impacted by the project have been consulted. Of these, 96% support the project.
• Funding model is a partnership between government and landholders requiring $27.5m of public funds over a 5 year period.
• Model is based on a market failure – unviable for landholders to bear the costs of both farmscale drainage and arterial drain construction. But, if the arterial drains are constructed with public funds, farm-scale drainage becomes economically viable for landholders.
• Once public funds have enabled the building of the essential arterial infrastructure, the project would be sustainable and self-sufficient, based on the contributions from private landholders for the ongoing maintenance of the scheme.
Impacts and Benefits:
Economic benefits from the recovery program would be:
• Increase in the productive agricultural land and wider (indirect) economic benefits that will accrue from a larger, more vibrant agricultural sector in WA (multiplier).
• Avoidance of damage to public/private infrastructure and reduction of maintenance costs.
• Carbon credits through carbon sequestration resulting from revegetation of drainage corridors.
• Social benefits will include amenity benefits (such as ‘living lakes’), aesthetics, stronger rural communities and increased food security for WA.
• Environmental benefits will include the establishment of vegetated corridors along the valley floors, providing for bio-diverse interactions between species of flora and fauna by linking significant bush remnants and native reserves to bush land along the lake verges and wetlands.
• Cost-benefit calculations demonstrate a positive net present value (NPV) of $195m, and a Benefit-Cost Ration (BCR) of 3.96. Investment remains attractive even with quite large adjustments in the key parameters.
Comment
Council needs to decide whether or not it wishes to become involved in a drainage program which the Wheatbelt Catchment Alliance basically is.
While drainage programs do have merit Council needs to keep in mind that drainage is not necessarily the answer to salinity issues in every case, but could be part of the solution.
There are some concerns with Council committing financial involvement in such program when funding is not guaranteed. Obviously WAC needs all Council’s support from within the area of interest for the business case to have a better chance of success.
It is therefore being recommended that Council support the concept and considers funding in the 2012/2013 budget subject to confirmation that all Councils are committed to the project and how land within the Shire of Cunderdin will be affected by the Alliance.
Consultation
Nil
Statutory Implications
Nil
Policy Implications
Nil
Financial Implications
To support the WCA drainage proposal Council will need to allocate up to $4,000 per year to contribute towards the project.
Strategic Implications
Nil
Planning & Development
11.1 Applications for Exploration Licences 70/4365 & 70/4366
| Location: |Shire of Cunderdin |
|Applicant/s: |M & M Walter Consulting on behalf of Kaolin Resources Pty Ltd |
|Date: |5 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Proposal/Summary
Correspondence advising Council of two new applications for Mining Exploration Licences submitted to the Department of Mines and Petroleum (DMP).
This report recommends that Council acknowledges the applications and recommends to the DMP that certain conditions be imposed.
Background
Correspondence from M & M Walter Consulting advising that on behalf of their clients, Kaolin Resources Pty Ltd, applications (2) have been submitted to the Department of Mines and Petroleum for the abovementioned exploration licences.
The applications have the capacity to impact on an area of land within the south western portion of the Shire.
Comment
Whilst Council has minimal power over whether the exploration licences are approved or not it is recommended that certain conditions be presented to the DMP for consideration during the approval process.
Consultation
Nil
Statutory Implications
Mining Act 1978
33. Application for mining tenement by permit holder
1) Subject to subsection (1a), where an application is made in accordance with this Act for a mining tenement that relates to private land notice of the application shall be given in the prescribed manner by the applicant to —
a) the chief executive officer of the local government;
b) the owner and occupier of the private land; and
c) each mortgagee of the land under a mortgage endorsed or noted on the title or land register or record relating to that land, but if there is no occupier of the land, or no such occupier can be found, the notice of the application shall be affixed in some conspicuous manner on the land.
Policy Implications
Nil
Financial Implications
Nil
Strategic Implications
Nil
11.2 Proposed Residential Subdivision – Lots 44 & 49 Yilgarn Street, Cunderdin – Stage 1 WAPC No. 137075
|Location: |Lots 44 & 49 Yilgarn Street, Cunderdin |
|Applicant/s: |Porter Consulting Engineers on behalf of Landcorp |
|Date: |5 June 2012 |
|Author: |Dan Ho, Town Planning Consultant, & Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Proposal/Summary
Stage 1 of proposed subdivision to develop eight (8) residential lots at lots 44 & 49 Yilgarn Street.
The land is zoned Residential R5, which supports this type of development.
This report recommends that the application be supported.
Background
Porter Consulting Engineers on behalf of Landcorp submit design drawings for the construction of earthworks, sewers, roads, drains and water reticulation for the aforementioned project.
It is anticipated construction will commence in June 2012 with completion scheduled prior to August 2012, subject to Authority approvals.
Comment
The subdivision will be developed in multiple stages. This proposal is specific to Stage One (1) of the development. Eight (8) lots are proposed which are to obtain access via Yilgarn Street. The intention of the development is to construct single residential buildings within the new allotments.
The proposal complies with the provisions of the Shire of Cunderdin Town Planning Scheme No 3, Residential Design Codes and Western Australian Planning Commission DC Policy 2.2.
Consultation
Landcorp, Brenton Pham
Porter Consulting Engineers, Brad Harris
Statutory Implications
Planning and Development Act 2005
WAPC DC Policy 2.2 – Residential Subdivision
Shire of Cunderdin Town Planning Scheme No 3
Policy Implications
Nil
Financial Implications
Nil
Strategic Implications
The proposed subdivision meets the strategic objectives of the Shire of Cunderdin Local Planning Strategy. The subject site is set aside as a future development area under the Local Planning Strategy.
11.3 The Gliding Club of Western Australia – Request to incorporate Airfield Hut 111 into existing Lease Agreement
|Location: |Cunderdin Airfield Hut 111 |
|Applicant/s: |Gliding Club of Western Australia |
|Date: |6 June 2012 |
|Author: |Peter Naylor |
|Item Approved by: |Chief Executive Officer |
|File Ref: | |
Cr Rod Carter declared a financial interest in this item as he is a member of the Gliding Club of WA.
Cr Carter departed the Council Chambers at 6:55pm
In the absence of the Shire President, Cr Carter, and the Deputy Shire President Cr Clive Gibsone, Leave of Absence, it was necessary for Council to elect a Chairman for consideration of this item.
Cr Whisson assumed the Chair
Proposal/Summary
Request from the Gliding Club of WA for Council consideration to incorporate Airfield Hut 111 into the existing lease agreement between the Shire and the Club at no additional costs.
This report recommends that Council supports the request and the lease agreement be amended accordingly.
Background
The Shire of Cunderdin entered into a Lease Agreement with the Gliding Club of WA for period of 25 years, commencing 1 April 2011 and expiring on 31 March 2036, for certain areas of land and infrastructure at the Cunderdin Airfield.
The lease incorporates Airfield Huts 101 and 104. Hut 101 is the Gliding Club clubhouse and 104 is used for purpose of workshop and glider maintenance.
Hut 111, which is known as the Parachute Hut, was previously not in use however whilst Hut 101 (the clubhouse) was recently receiving maintenance and renovations the Gliding Club utilised Hut 111. During this time they did some improvement works to the hut to make it habitable and used it as their club house.
All of the Huts at the airfield are heritage listed and recently had the asbestos roofs replaced with galvanised roofing. The works were approved by the Heritage Council of WA and with funding assistance from Lotterywest. Hut 101 had additional approved maintenance works carried out.
The various huts at the airfield largely remain in a state of disrepair and require substantial remedial works in the near future to render then useful to the Shire and/or other potential users.
Comment
The Club is requesting that Hut 111 be incorporated into the existing lease agreement at no additional cost to the annual lease fee.
Current annual lease payment is $7,000 which is to be indexed annually based on either the Consumer Price Index or number of Lessee’s members x $115, whichever is the higher rental.
The club is proposing to undertake major internal and external works to the hut to convert it into six accommodation units for club members and other users from time to time. The six units would be of various configurations to suit individual members’ needs.
There will be a cost to amend the lease agreement which could be met by the Club.
Incorporating the Hut into the lease agreement will alleviate the need for Council to undertake urgent maintenance works in the future as the Club would then be responsible.
It is recommended that Council support the request and incorporate Hut 111 into the existing Lease Agreement between the Shire of Cunderdin and the Gliding Club of WA at no additional cost to the current lease payment, however the Gliding Club be responsible for any costs (legal or otherwise) associated with amending the Lease Agreement.
Consultation
Kevin Saunders, Gliding Club of WA President
David Nicholson, McLeods Barristers & Solicitors
Statutory Implications
Local Government Act 1995 – Section 3.58 Disposing of Property
3.58. Disposing of property
(1) In this section —
dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not;
property includes the whole or any part of the interest of a local government in property, but does not include money.
(2) Except as stated in this section, a local government can only dispose of property to —
(a) the highest bidder at public auction; or
(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.
(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —
(a) it gives local public notice of the proposed disposition —
(i) describing the property concerned; and
(ii) giving details of the proposed disposition; and
(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given; and
(b) it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.
(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include —
(a) the names of all other parties concerned; and
(b) the consideration to be received by the local government for the disposition; and
(c) the market value of the disposition —
(i) as ascertained by a valuation carried out not more than 6 months before the proposed disposition; or
(ii) as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.
(5) This section does not apply to —
(a) a disposition of an interest in land under the Land Administration Act 1997 section 189 or 190; or
(b) a disposition of property in the course of carrying on a trading undertaking as defined in section 3.59; or
(c) anything that the local government provides to a particular person, for a fee or otherwise, in the performance of a function that it has under any written law; or
(d) any other disposition that is excluded by regulations from the application of this section.
[Section 3.58 amended by No. 49 of 2004 s. 27; No. 17 of 2009
s. 10.]
Local Government (Functions and General) Regulations 1996 – Regulation 30 Dispositions of property excluded from Acts. 3.58
30. Dispositions of property excluded from Act s. 3.58
(1)A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.
(2) A disposition of land is an exempt disposition if —
(a) the land is disposed of to an owner of adjoining land (in this paragraph called the transferee) and —
(i) its market value is less than $5 000; and
(ii) the local government does not consider that ownership of the land would be of significant benefit to anyone other than the transferee; or
(b) the land is disposed of to a body, whether incorporated or not —
(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and
(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions; or
(c) the land is disposed of to —
(i) the Crown in right of the State or the Commonwealth; or
(ii) a department, agency, or instrumentality of the Crown in right of the State or the Commonwealth; or
(iii) another local government or a regional local government; or
(d) it is the leasing of land to an employee of the local government for use as the employee’s residence; or
(e) it is the leasing of land for a period of less than 2 years during all or any of which time the lease does not give the lessee the exclusive use of the land; or
(f) it is the leasing of land to a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession to be used for carrying on his or her medical practice; or
(g) it is the leasing of residential property to a person.
(2a) A disposition of property is an exempt disposition if the property is disposed of within 6 months after it has been —
(a) put out to the highest bidder at public auction, in accordance with section 3.58(2)(a) of the Act, but either no bid is made or any bid made does not reach a reserve price fixed by the local government; or
(b) the subject of a public tender process called by the local government, in accordance with section 3.58(2)(b) of the Act, but either no tender is received or any tender received is unacceptable; or
(c) the subject of Statewide public notice under section 3.59(4) of the Act, and if the business plan referred to in that notice described the property concerned and gave details of the proposed disposition including —
(i) the names of all other parties concerned; and
(ii) the consideration to be received by the local government for the disposition; and
(iii) the market value of the disposition as ascertained by a valuation carried out not more than 12 months before the proposed disposition.
(2b) Details (see section 3.58(4) of the Act) of a disposition of property under subregulation (2a) must be made available for public inspection for at least 12 months from the initial auction or tender, as the case requires.
(3) A disposition of property other than land is an exempt disposition if —
(a) its market value is less than $20 000; or
(b) it is disposed of as part of the consideration for other property that the local government is acquiring for a consideration the total value of which is not more, or worth more, than $50,000.
[Regulation 30 amended in Gazette 25 Feb 2000 p. 974-5; 28 Apr 2000 p. 2041; 31 Mar 2005 p. 1055-6; 27 Sep 2011 p. 3846.]
Policy Implications
Nil
Financial Implications
Nil: No change to current Lease Agreement annual payment; Gliding Club of WA to meet legal costs to amend current Lease Agreement.
Strategic Implications
Assist with further development and improvements at the Cunderdin Airfield.
Cr Rod Carter returned to the Council Chamber at 7:02pm
11.4 Planning Application 146130 - Lot 60 Togo Street, Cunderdin
|Location: |Lot 60 Togo Street, Cunderdin |
|Applicant: |Charles Parker |
|Date: |15 June 2012 |
|Author: |Town Planning Consultant, City of Canning |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
Council has received a planning application from the WA Planning Commission submitted by Charles Parker, Licensed Surveyor, on behalf of property owners DJR McEwen and RE McEwen, to subdivide Lot 60 Togo Street Cunderdin into 10 Green Title Lots.
This report recommends that Council supports the application subject to conditions.
Background
The application proposes to subdivide lot 60 Togo Street, Cunderdin into 10 green title lots. The subject site is a corner lot with frontages to Togo Street, Helen Street and Robyn Street. The lots range in size from 1099m2 to 1117m2. The frontage of the proposed lots ranges between 20m to 74.94m.
Lot area: Lot 5: 1117m2
Lot 6: 1097m2
Lot 7: 1097m2
Lot 8: 1117m2
Lot 9: 1099m2
Lot 10: 1099m2
Lot 11: 1099m2
Lot 12: 1099m2
Lot 13: 1099m2
Lot 14: 1099m2
Zoning: Residential R20
Comments
The proposal complies with the provisions of the Residential Design Codes. Assessment under the performance criteria is not required.
Consultation
Town Planning Consultant
Statutory Environment
Planning and Development Act 2005
Shire of Cunderdin Town Planning Scheme No.3
Policy Implications
WAPC DC Policy 2.2 – Residential Subdivision
Financial Implications
Nil
Strategic Implications
The proposed subdivision meets the strategic objectives of the Shire of Cunderdin Local Planning Strategy.
Resolution 11.4
That Council:
(a) Grants approval to the Planning Application subject to the conditions stated below:
1. All buildings and effluent disposal systems having the necessary clearance from the new boundaries as required under the relevant legislation.
2. Measures to be employed to suitably protect any areas of existing remnant vegetation to the satisfaction of Local Government. (Local Government)
3. The proposed lots being provided with an adequate means of effluent disposal to the satisfaction of the Local Government and Department of Health.
4. The land being graded and stabilised.
5. The applicant/owner is to provide a geotechnical report certifying that the land is physically capable of development prior to the commencement of site works.
6. The applicant providing a geotechnical report certifying that any filling or backfilling has been adequately compacted to the satisfaction of the Local Authority.
(b) Notes:
1. WAPC be advised of (a) above
2. The applicant is advised that the Department of Environment has prepared dust control guidelines for the development sites, which inter alia, outline the procedures for the preparation of Dust Management Plans for development sites. Further information on the guidelines can be obtained from the Department of Environment.
3. The approval to subdivide issued by the WAPC should not be construed as an approval to commence development on any of the lots proposed. Approval to Commence Development may be required to be issued by the local government.
Moved: Cr Dennis Whisson Seconded: Cr Doug Kelly
Vote – Simply majority Carried: 6/0
11.5 Planning Application 146152 – Lot 2 Togo Street, Cunderdin
|Location: |Lots 2 and 56 Togo Street, Cunderdin |
|Applicant: |Charles Parker |
|Date: |15 June 2012 |
|Author: |Town Planning Consultant, City of Canning |
|Item Approved by: |Chief Executive Officer |
|Disclosure of Interest: |Nil |
|File Reference: | |
Proposal/Summary
Council has received a planning application from the WA Planning Commission submitted by Charles Parker, Licensed Surveyor, on behalf of property owners JD McEwen and PG McEwen, to subdivide Lots 2 & 56 Togo Street Cunderdin into 5 Green Title Lots.
This report recommends that Council supports the application subject to conditions.
Background
The application proposes to subdivide Lots 2 and 56 Togo Street, Cunderdin into 5 green title lots. The subject site is a corner lot with frontages to Togo Street and Helen Street. The lots range in size from 872m2 to 1119m2. The frontage of the proposed lots ranges between 20.12m to 58.805m.
Lot area: Lot 1: 1005m2
Lot 2: 1004m2
Lot 3: 1005m2
Lot 4: 872m2
Lot 5: 1119m2
Zoning: Residential R20
Comments
Proposal complies with the provisions of the Residential Design Codes. Assessment under the performance criteria is not required.
Consultation
Town Planning Consultant.
Statutory Environment
Planning and Development Act 2005
Shire of Cunderdin Town Planning Scheme No.3
Policy Implications
WAPC DC Policy 2.2 – Residential Subdivision
Financial Implications
Nil
Strategic Implications
The proposed subdivision meets the strategic objectives of the Shire of Cunderdin Local Planning Strategy.
Resolution 11.5
That Council:
(a) Grants approval to the planning application subject to the conditions stated below:
1. All buildings and effluent disposal systems having the necessary clearance from the new boundaries as required under the relevant legislation.
2. Measures to be employed to suitably protect any areas of existing remnant vegetation to the satisfaction of Local Government. (Local Government)
3. The proposed lots being provided with an adequate means of effluent disposal to the satisfaction of the Local Government and Department of Health.
4. The land being graded and stabilised.
5. The applicant/owner is to provide a geotechnical report certifying that the land is physically capable of development prior to the commencement of site works.
6. The applicant providing a geotechnical report certifying that any filling or backfilling has been adequately compacted to the satisfaction of the Local Authority.
(b) Notes:
1. WAPC be advised of (a) above
2. The applicant is advised that the Department of Environment has prepared dust control guidelines for the development sites, which inter alia, outline the procedures for the preparation of Dust Management Plans for development sites. Further information on the guidelines can be obtained from the Department of Environment.
3. The approval to subdivide issued by the WAPC should not be construed as an approval to commence development on any of the lots proposed. Approval to Commence Development may be required to be issued by the local government.
Moved: Cr David Beard Seconded: Cr Todd Harris
Vote – Simply majority Carried: 5/1
Cr Dennis Whisson requested his name to be recorded as voting against the motion.
Urgent Items
Nil
Matters for which the meeting may be closed
Nil
Closure of meeting
There being no further business the President declared the meeting closed at 7:15pm.
-----------------------
Resolution
That Cr Todd Harris be granted Leave of Absence for the Ordinary Meeting of Council scheduled to be held on Thursday 19 July 2012.
Moved: Cr Doug Kelly Seconded: Cr Dianne Kelly
Vote – Simple Majority Carried: 6/0
Resolution 8.7
That Council:
1) Adopts the following meeting attendance fees to be paid during the 2012/2013 financial year
Ordinary Meeting of Council
Shire President Two Hundred & Eighty Dollars ($280.00) per meeting attended
Councillors One Hundred & Forty Dollars ($140.00) per meeting attended
Other (Special) Meetings of Council
Shire President One Hundred & Forty Dollars ($140.00) per meeting attended
Councillors Seventy ($70.00) dollars per meeting attended
Committee Meetings of Council
Shire President Seventy ($70.00) dollars per meeting attended
Councillors Seventy ($70.00) dollars per meeting attended
Electors Meetings
No Meeting attendance Fees payable.
2) Adopts the following travel expenses to be paid during the 2012/2013 Financial Year
If travel to and from meetings from a Councillor’s or Committee Member’s place of work or residence is by normal public transport, ie aircraft, train or bus etc., the actual cost of the return fare.
If travel to and from meetings from a Councillor’s or Committee Member’s place of work or residence is by vehicle, and fuel and oil are provided by the Council, the actual cost of such fuel and oil will be paid.
Should two (2) or more Councillors and/or Committee Members travel to and from meetings in the same vehicle, then expenses on whatever basis assessed will be reimbursed only on that vehicle and only to the recognised owner of that vehicle
3) In accordance with section 5.98(5) of the Local Government Act 1995 adopts a local government allowance of $1,000.00 pa
4) In accordance with section 5.98A of the Local Government Act 1995 adopts a local government allowance of $250.00 pa
Moved: Cr David Beard Seconded: Cr Dennis Whisson
Vote – Absolute majority Carried: 6/0
Resolution 8.8
That Council provides $1,000 under the Council Donations Scheme from the 2012- 13 Annual Budget to the Cunderdin Senior Group
Moved: Cr Todd Harris Seconded: Cr Dennis Whisson
Vote – Simple majority Carried: 6/0
Resolution 8.10
That Council provides $490 under the Council Donations Scheme from the 2012- 13 Annual Budget to the Cunderdin Community Resource Centre
Moved: Cr Todd Harris Seconded: Cr Doug Kelly
Vote – Simple majority Carried: 5/0
Resolution 9.1
That Council in acknowledging the provisions of the new Building Act 2011 which came into effect on 2 April 2012, amends Delegations 21 (Demolition – Issue of Licences) and 22 (Building – Notices) to repeal any references to the Local Government 1995, the Local Government (Miscellaneous Provisions) Act 1960, and the Chief Executive Officer, and insert in the appropriate places the Building Act 2011, and the appointment of Authorised Officers being Manager Health Building, Gordon Tester (Level 1 Building Surveyor), and Senior Building Surveyor, Timothy Jurmann (Level 1 Building Surveyor).
Moved: Cr David Beard Seconded: Cr Todd Harris
Vote – Absolute majority Carried: 6/0
Resolution 10.2
That Council:
a) Supports the concept of a Regional Drainage Program as proposed by the Wheatbelt Catchment Alliance of WA (Inc) funded by the Royalties for Regions initiative to help rehabilitate some of the worst affected by the onset of secondary salinity.
b) Considers a financial contribution to the proposed project of $3,000 - $4,000 in 2012/2013 budget deliberations subject to more information being provided on support being received from other Councils within the proposed project area, and how the wider area of the Shire of Cunderdin is affected by the Alliance.
Moved: Cr Dianne Kelly Seconded: Cr David Beard
Vote – Simple majority Carried: 4/2
Resolution 11.1
That Council acknowledges the applications for Exploration Licences 70/4365 & 70/4366, and requests the following conditions be imposed by the Department of Mines and Petroleum if the exploration licences are to be issued:
• All surface holes drilled for the purpose of exploration are to be capped, filled or otherwise made safe after completion.
• All costeans and other disturbances to the surface of the land made as a result of exploration, including drill pads, grid lines and access tracks, being backfilled and rehabilitated to the satisfaction of the district mining engineer. Backfilling and rehabilitation being required no later than six (6) months after excavation unless otherwise approved in writing by the district mining engineer.
• Abandoned equipment and temporary buildings being removed from the mining tenement prior to or at the termination of exploration program.
• No activities taking place to the detriment of any roads, streets or verges.
• Minimum disturbance being made to natural vegetation.
• Adequate dust suppression control methods and practices being used.
• Except with the approval of the Shire of Cunderdin, all mining excavations or drilling operations being backfilled and the ground reinstated and revegetated at the completion of the operation to the satisfaction of the Shire of Cunderdin.
• All works comply with the Environmental Protection (Noise) Regulations 1997.
• All waste materials, rubbish and plastic sample bags to be removed within 60 days of placement.
Moved: Cr Todd Harris Seconded: Cr Doug Kelly
Vote – Simple majority Carried: 6/0
Resolution 11.2
That Council :
a) Approves the subdivision subject to the conditions stated below:
1. Stormwater drainage to be offsite into Council drainage system.
2. Lots to be graded towards the road reserves.
b) Notes:
1. WAPC to be advised of (a) above.
2. The applicant is advised that the Department of Environment and Conservation (DEC) has prepared dust control guidelines for the development sites, which inter alia, outline the procedures for the preparation of Dust Management Plans for development sites. Further information on the guidelines can be obtained from the DEC.
3. All structures on site to be designed for a Class M site in accordance with Australian Standard 2870 unless otherwise determined by a Structural Engineer.
Moved: Cr Todd Harris Seconded: Cr Dennis Whisson
Vote – Simple majority Carried: 6/0
Resolution
That Cr Dennis Whisson be elected as Chairman for the consideration of Agenda Item 11.3
Moved: Cr Doug Kelly Seconded: Cr Dianne Kelly
Vote – simple majority Carried: 5/0
Resolution 11.3
That Council agrees:
a) For Cunderdin Airfield Hut 111 to be leased to the Gliding Club of WA Inc and to be incorporated into the existing Lease Agreement between the Shire of Cunderdin and the Gliding Club, commencement dated 1 April 2011, with no increase in the rental as per Schedule Item 5 of the existing lease agreement, and subject to the Gliding Club being responsible for any costs (legal or otherwise) associated with amending the Lease Agreement.
b) The existing Lease Agreement to be amended to include additional premises by a Deed of Variation prepared by Councils Solicitors (McLeods) at the cost of the lessee.
Moved: Cr Doug Kelly Seconded: Cr Dianne Kelly
Vote – Simple majority Carried: 5/0
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