MINUTES - dalwallinu.wa.gov.au · 5.0 MINUTES OF PREVIOUS MEETINGS ... Many Roads within the Shire...

ORDINARY COUNCIL meeting

24 March 2015


24 March 2015


24 March 2015

MINUTES

Ordinary Council Meeting 24 March 2015ii

CONTENTS PAGE1.0 OPENING & ANNOUNCEMENT OF VISITORS ......................................................... 1

2.0 ATTENDANCE RECORD............................................................................................ 1

2.1 Present.................................................................................................................. 12.2 Apologies .............................................................................................................. 1

2.3 Leave Of Absence Previously Granted ................................................................. 1

3.0 PUBLIC QUESTION TIME .......................................................................................... 2

4.0 APPLICATIONS FOR LEAVE OF ABSENCE ............................................................ 2

5.0 MINUTES OF PREVIOUS MEETINGS........................................................................ 2

5.1 Ordinary Council Meeting – 24 February 2015...................................................... 2

6.0 NOTICES OF URGENT BUSINESS............................................................................ 2

6.1 (17.1) Compliance Audit Return for Local Government......................................... 2

7.0 MOTIONS OF WHICH NOTICE HAS BEEN RECEIVED............................................ 2

8.0 PETITIONS/DEPUTATIONS/PRESENTATIONS/ SUBMISSIONS............................. 2

9.0 MEMBERS REPORTS ................................................................................................ 2

9.1 Declarations of Interest ......................................................................................... 2Cr KL Carter - Item 18.1 –CLGF Funded Factory Units Project - Financial interest......... 2

10.0 MATTERS FOR CONSIDERATION – WORKS .......................................................... 3

10.1 Amendment to 2014/15 Budget Capital Roads Programme.................................. 3

11.0 MATTERS FOR CONSIDERATION – COMMUNITY SERVICES............................... 6

11.1 Tender 01/15 – Dalwallinu Caravan Park.............................................................. 611.2 Cropping Rights – Nugadong Airstrip .................................................................... 811.3 Review of Local Laws by Joint Standing Committee on Delegated Legislation.. 1011.4 Commence Adoption of the Shire of Dalwallinu General Amendment Local Law

2015 .................................................................................................................... 1411.5 Request for Contribution – Dalwallinu Freemasons ............................................ 17

12.0 MATTERS FOR CONSIDERATION – TOWN PLANNING ....................................... 19

12.1 Lot 3 Deacon Street, Planning Report................................................................. 19

Ordinary Council Meeting 24 March 2015iii

13.0 MATTERS FOR CONSIDERATION – HEALTH AND BUILDING............................. 25

13.1 Building Approvals............................................................................................... 25

14.0 MATTERS FOR CONSIDERATION – ECONOMIC DEVELOPMENT ...................... 27

15.0 MATTERS FOR CONSIDERATION – FINANCE ...................................................... 27

15.1 Accounts for Payment for February 2015 ........................................................... 2715.2 Monthly Financial Statements for February 2015................................................ 3015.3 Sale of Lot 131 McNeill Street, Dalwallinu for Unpaid Rates............................... 3215.4 Outstanding Rates Debtors Report for February 2015 ........................................ 3615.5 Offer to Purchase Lot 12 James Street, Dalwallinu ............................................. 3915.6 Offer to Purchase 87 (Lot 241) Johnston Street, Dalwallinu................................ 4215.7 Salaries and Allowances Tribunal Submission.................................................... 44

16.0 MATTERS FOR CONSIDERATION - ADMINISTRATION........................................ 46

16.1 Local Government Advisory Board...................................................................... 46

17.0 URGENT BUSINESS BY DECISION OF THE MEETING......................................... 49

17.1 2015 Compliance Audit Return for Local Government ........................................ 49

18.0 CONFIDENTIAL BUSINESS - AS PER LOCAL GOVERNMENT ACT 1995,SECTION 5.23(2)....................................................................................................... 51

18.1 CLGF Funded Factory Units project.................................................................... 51

19.0 SCHEDULING OF MEETING.................................................................................... 53

20.0 CLOSURE ................................................................................................................. 53

21.0 CERTIFICATION ....................................................................................................... 53

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Ordinary Council Meeting 24 March 2015

SHIRE OF DALWALLINU

MINUTES of the Ordinary Meeting of Council held at the Council Chambers, ShireAdministration Centre, Dalwallinu on Tuesday, 24 March 2015.

1.0 OPENING & ANNOUNCEMENT OF VISITORS

The Chairperson (President) opened the meeting at 3.30pm.Welcome ex Councillor Mr B Dinnie

2.0 ATTENDANCE RECORD

2.1 Present

Shire President Cr RS NixonCr GH Sanderson JPCr SC CarterCr IW HydeCr NW MillsCr AR DickinsCr KM McNeill JPCr KL Carter

Public Mr WM Dinnie

IN ATTENDANCEActing Chief Executive Officer Mr KT JonesManager Assets & Works Mrs A Hoy (until 4.22pm)Economic Development andMarketing Officer Miss T Slot (until 4.22pm)Executive Support Officer Mrs GC Matias (until 4.22pm)

2.2 Apologies

Cr MC HuggettChief Executive Officer Mr PJ CrispinManager Regulation &Development Services Miss DA Fortuin

2.3 Leave Of Absence Previously Granted

Nil

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3.0 PUBLIC QUESTION TIME

4.0 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

5.0 MINUTES OF PREVIOUS MEETINGS

5.1 Ordinary Council Meeting – 24 February 2015MOTION 8260

Moved Cr KM McNeillSeconded Cr AR Dickins

That the Minutes of the Ordinary Meeting of Council held 24 February 2015 be confirmed.

CARRIED 8/0

6.0 NOTICES OF URGENT BUSINESS

There is one item of urgent/late business under 17.0:

6.1 (17.1) Compliance Audit Return for Local Government

7.0 MOTIONS OF WHICH NOTICE HAS BEEN RECEIVED

Nil

8.0 PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS

Nil

9.0 MEMBERS REPORTS

9.1 Declarations of Interest

Cr KL Carter - Item 18.1 –CLGF Funded Factory Units Project - Financialinterest

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10.0 MATTERS FOR CONSIDERATION – WORKS

10.1 Amendment to 2014/15 Budget Capital Roads Programme

Applicant: Shire of DalwallinuFile No: FM-19/Financial Management – Budget – Annual BudgetPrevious Meeting Reference: Works & Plant Committee Meeting – 17 March 2015Attachments: 2014-15 Capital Road Works Budget Review

Disaster and Relief Recovery Attachment – Previouslysupplied – W&P Committee meeting

Author: Mrs Angela Hoy

Disclosure of Interest: NilDate of Report: 12 March 2015Senior Officer: Mr Keith Jones

____________________________________________________________________________

Purpose of ReportTo consider amending the Capital Roads Projects Program 2014/15 Budget.

BackgroundCurrently the budget allows for various roads to be upgraded as approved by council in the14/15 Budget.

The recent Abnormal Flooding event on the 28th of Feb – 3rd March 2015 has incurredconsiderable damage to council’s roads. Road Inspections completed by the Manager ofAssets and Works with the Works Supervisor indicate that approx 40km of roads have beenaffected by the event.

The event was declared as an Abnormal Event. Unfortunately it was not declared a naturaldisaster so we are unable to claim full open up and re-instatement costs. The abnormal eventallows us to claim 66% of the cost of re-instatement providing that we can prove the roadsaffected had adequate drainage in the first place. Unfortunately this is not the case for themajority of our roads. The Manager of Assets and Works has submitted a claim to Main Roadsas per the disaster and relief recovery attachment. It is unlikely that we will receive all of themonies requested. These monies if approved will only cover the cost of re-instatement to SymeRd, Black Rd, Thomson Rd, Counsel Rd, and Bailey Rd.

On a good note the roads that have been completed in the current Capital Program have heldup well and there has been no major damage to these roads. This is mainly due to the roadsnow being higher than the land with adequate vegetation clearance, drainage, and culverts.Rabbit Proof Fence, O’Dea Rd, Thaxter Rd, Locke Rd and Dalwallinu North Rd are very goodexamples of the way our roading system should work towards in the future.

In order to prepare for future flood events Council may consider spending the majority of the15/16 Program Roads to Recovery Funds on verge clearing and drainage upgrades.

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CommentsCurrently the roads are passable however require extreme caution. It is estimated that the costto open up the roads and to make safe the roads is at around $120,000. This does not includere-instatement of the roads to their original condition.

Many Roads within the Shire have suffered major scouring due to inadequate drainage, a lot ofthe base course gravel has been lost into the salt lake areas. Re-instatement of roads to theiroriginal condition is estimated at around $450,000 based on the preliminary Road Inspections,and does not include the roads applied for under the disaster and relief recovery funds.

As Council has a limited budget for repairs, it is recommended that the Works and PlantCommittee review the current Capital Roading Program to determine priority of the roadingprogram to allow for the cost to cover the re-instatement of the roading network in the Shire ofDalwallinu.

It is important to further note that all the Roads to Recovery monies must be spent this financialyear.

We have currently mobilised all 3 graders on maintenance grading, our focus being school busroutes, and cartage routes. The Manager of Assets and Works has put a “halt” to the CapitalRoad Projects Program until Council makes a decision with regards to the course of action itwishes to follow.

Policy RequirementsNil

Legislative RequirementsSection 6.8 of the Local Government Act 1995

Strategic ImplicationsThe proposal will have a long term impact on the 14-15 Capital Road Projects Program

Sustainability ImplicationsDependent on Council’s decision

EnvironmentDependent on Council’s decision

EconomicDependent on Council’s decision

Social (Community Consultation)Dependent on Council’s decision

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Financial ImplicationsThere will be no changes to the bottom line of the budget, as the monies will still be spent,however should Council choose to change the existing programme some roads identified willnot be able to be completed this financial year as per the original Capital Roads ProjectsProgram.

Voting RequirementsSimple Majority

Officer/Committee Recommendation/ResolutionMOTION 8261

Moved Cr SC CarterSeconded Cr GH Sanderson

That the 2014/15 Capital Road Projects Program be amended as per the attachedrecommendations to allow for the recent abnormal event clean up and reinstatement to goahead.

CARRIED 8/0

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11.0 MATTERS FOR CONSIDERATION – COMMUNITY SERVICES

11.1 Tender 01/15 – Dalwallinu Caravan Park

Applicant: Shire of DalwallinuFile No: CP/21 Council Properties – Acquisition & DisposalPrevious Meeting Reference: Community Services & Economic Development Committee

meeting – 9 December 2014; 17 February 2015Full Council meeting – 16 December 2014

Attachments: Confidential tender documentationAuthor: Miss Debbie Fortuin

Disclosure of Interest: NilDate of Report: 06 March 2015Senior Officer: Mr Keith Jones Chief Executive Officer

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Purpose of ReportTo consider the tenders received for the sale of the Dalwallinu Caravan Park.

BackgroundDuring the 16 December 2014 Council Meeting, Council resolved as follows:

MOTION 8208

Moved Cr IW HydeSeconded Cr KL Carter

That the Dalwallinu Caravan Park be advertised for Sale by Tender during the month of Januaryand February 2015.

CARRIED 8/1

Tender documents were prepared on 06 January 2015 and the tender for the sale of theCaravan Park was advertised in the Western Australian, the local newspapers and the Shire’swebsite during the months of January and February 2015. The tender process was kept simpleso as to encourage participation by potential buyers. Tender 1/15 closed on 27 February 2015at 4pm.

Comment

While much interest was shown during the open tender period, only two tenders were received.These are attached as confidential attachments for Council’s consideration.Regulation 18 part 5 of the Local Government (Functions and General) Regulations states thatthe local government may decline to accept any tender.It is the reporting officer’s opinion, that the tenders received do not reasonably reflect the valueof the asset and therefore should not be accepted.

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Legislative RequirementsLocal Government Act 1995 (S3.58)Part 4 Division 2 of the Local Government (Functions and General) Regulations 1996.

Strategic ImplicationsThe Dalwallinu Caravan Park will continue to provide a service to tourism

Sustainability Implications

EnvironmentThere are no known environmental implications.

EconomicThe caravan park may continue to require subsidisation from the ratepayer base.

SocialSome community members have continued to raise the need for the caravan park.

Financial ImplicationsWill vary based on ongoing management solutions but not expected to exceed budget.



Moved Cr KM McNeillSeconded Cr NW Mills

That no tenders relating to tender 1/15 be accepted and that caravan park management beorganised prior to the coming tourist season.

CARRIED 8/0

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11.2 Cropping Rights – Nugadong Airstrip

Applicant: Shire of DalwallinuFile No: CP/6 Council Properties – LeasingPrevious Meeting Reference: NilAttachments: ApplicationAuthor: Leanne Parola


____________________________________________________________________________Purpose Of ReportTo consider the application for a three (3) year agreement for cropping rights to the agriculturalland known as the Nugadong Airstrip.

BackgroundAdvertising in the Totally Locally and Kalannie Kapers for applications from interestedcommunity groups for the cropping rights to the Nugadong Airstrip was over three weeks from23 February to 12 March 2015.

The advertisement stated that the agreement would be for a period of three (3) years ending 31December 2017.

The applications closed on Friday 10 March 2015. One (1) application was received from theDalwallinu Football & Hockey Club who held the previous agreement for cropping rights to theNugadong Airstrip which expired on 31 December 2014.

The previous agreement was for a period of five (5) years.

CommentThe Dalwallinu Football & Hockey Club has requested that the lease be for a period of five (5)years and proposed the following crop rotation and fertiliser program:

2015 – TT Canola2016 – Wheat2017 – Barley2018 – TT Canola2019 – Wheat

Fertiliser program every year (subject to soil and plant testing): 10P + 30N +lime/gypsum/potash if needed. Fertiliser rates will increase in the canola year.


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Legislative Requirements Local Government Act 1995 Section 3.58 – Disposing of property Local Government (Functions and General) Regulations 1996 - Dispositions of property

excluded from Act s. 3.58

Strategic ImplicationsNil


EnvironmentThere are no environmental impacts as this land has already been cropped. The applicationproposes crop rotation and fertilisation programs for a five (5) year contract.

EconomicBy having the cropping rights to this site the community group is able to generate funds thatthey would otherwise need to rely on sourcing from the Shire and/or other communitymembers.

Social (Community Consultation)Community groups were invited to make applications for the cropping rights of theagricultural land at the Nugadong Airstrip over a three week period.

Financial ImplicationsNil


Officer Recommendation/ResolutionMOTION 8263

Moved Cr AR DickinsSeconded Cr IW Hyde

That the application from the Dalwallinu Football & Hockey Club for the cropping rights to theNugadong Airstrip for a five (5) year period ending 31 December 2019 subject to the proposedfertiliser and crop rotation being adhered to, be accepted.

CARRIED 8/0

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11.3 Review of Local Laws by Joint Standing Committee on DelegatedLegislation

Applicant: Joint Standing Committee on Delegated LegislationFile No: LE/5 – Local LawsPrevious Meeting Reference: Full Council Meeting 27 May 2014; Community Services &

Economic Development Committee meeting – 17 March2015

Attachments: Letters from Joint Standing Committee on DelegatedLegislation (2) – Previously supplied – CS&ED Committeemeeting

Author: Leanne Parola

Disclosure of Interest: NilDate of Report: 25 February 2015Senior Officer: Mr Keith Jones

___________________________________________________________________________

Purpose of ReportTo consider correspondence from the Joint Standing Committee on Delegated Legislation,requesting an undertaking from Council to amend the Shire of Dalwallinu Dogs Local Law 2014and Shire of Dalwallinu Parking and Parking Facilities Local Law 2000 within the next sixmonths.

BackgroundThe Shire of Dalwallinu General Amendment Local Law 2014 and Shire of Dalwallinu DogsLocal Law 2014 were adopted by Council at its Ordinary Meeting held 27 May 2014. As part ofthe process of adopting a local law, a copy of each was forwarded to the Joint StandingCommittee on Delegated Legislation.

The Local Government (Parking for People with Disabilities) Regulations 2014 replaced theLocal Government (Parking for Disabled Persons) Regulations 1998 and came into effect on 1December 2014, making several of the clauses in the amended Shire of Dalwallinu Parking andParking Facilities Local Law 2000 obsolete.

The Dog Act 1976 was amended in November 2013 which again, makes several clauses in theadopted local law obsolete.

CommentThe Joint Standing Committee on Delegated Legislation has written to advise that it consideredthe Shire of Dalwallinu General Amendment Local Law 2014 and Shire of Dalwallinu DogsLocal Law 2014 on 18 February 2015 and resolved to request Council to provide an undertakingto amend several clauses within the of Dalwallinu Parking and Parking Facilities Local Law2000 and Shire of Dalwallinu Dogs Local Law 2014 within six (6) months.

The changes requested to the Dalwallinu Parking and Parking Facilities Local Law 2000 are asa result of introduction of the Local Government (Parking for People with Disabilities)Regulations 2014 which have made a number of the clauses within the local law out-dated.

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The following changes are therefore requested:

Amend the definition of “ACROD sticker” in clause 5.1 to state:

‘disability parking permit’ has the meaning given to it by the Local Government(Parking for People with Disabilities) Regulations 2014, and the Code.

Replace the references to “ACROD sticker” in clauses 5.17 and 5.21 with “disabilityparking permit”

Amend the new clause 5.15(2)(d) in clause 5.24 to state that in the clause, a parkingarea for persons with a disability is a length or area –

(d) set aside within a parking region as a “parking stall for use by a person with adisability” under the Local Government (Parking for People with Disabilities) Regulations2014.

Amend the Second Schedule, Item 66 in clause 5.27 to increase the modified penalty to$300

The changes requested to the Shire of Dalwallinu Dogs Local Law 2014 are as a result ofamendments to the Dog Act 1976 which have made a number of the clauses within the locallaw out-dated.

The following changes are therefore requested:

Repeal clauses 2.4, 5.1 and 5.2

Amend clause 3.1(1)(c) to read:

An occupier on premises on which a dog is kept must ... ensure that every gate or door inthe fence is kept closed at all times when the dog is on the premises (unless the gate istemporarily opened in a manner that ensures that the dog remains confined) and is fittedwith a proper latch or other means of fastening it.

Amend clauses 3.1, 4.9 and 6.1(2) of the Local Law to impose a penalty not exceedingten times the relevant prescribed modified penalty, or alternatively amend Schedule 3 todelete the modified penalties

After the letters regarding the Shire of Dalwallinu General Amendment Local Law 2014 andShire of Dalwallinu Dogs Local Law 2014 had been received, a representative from theDepartment of Local Government contacted staff and advised that they had discussed the newWALGA Model Parking and Parking Facilities Local Law with Joint Standing Committee onDelegated Legislation.

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As a result, both parties were now recommending that the clause and modified penalty relatingto stopping in a parking stall for people with disabilities be deleted altogether.


Legislative RequirementsSection 3.12 of the Local Government Act 1995 sets out the requirements for making, reviewingor repealing a local law.

Under Section 42 of the Interpretation Act 1984, either House of Parliament can disallow locallaws made by local governments. The Joint Standing Committee on Delegated Legislationmakes recommendations to the Parliament for the disallowance of local laws that contravenesone of its terms of reference.




EconomicThere are no known economic implications.

SocialThere are no known social implications.

Financial ImplicationsThe creation of a new local law to amend the Shire of Dalwallinu Parking and Parking FacilitiesLocal Law and the Shire of Dalwallinu Dogs Local Law 2014 will incur advertising and gazettalcosts. There are adequate funds remaining in the 2014/15 budget for account E041187Advertising of Local Laws.


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Moved Cr AR DickinsSeconded Cr KM McNeill

That the Joint Standing Committee on Delegated Legislation be advised that the Shire ofDalwallinu undertakes to, within the next six months:

1) Amend the definition of “ACROD sticker” in clause 1.2 of the Shire of Dalwallinu Parkingand Parking Facilities Local Law to state:

‘disability parking permit’ has the meaning given to it by the Local Government(Parking for People with Disabilities) Regulations 2014, and the Code.

2) Replace the references to “ACROD sticker” in clauses 2.4 and 3.2 of the Shire ofDalwallinu Parking and Parking Facilities Local Law with “disability parking permit”.

3) Delete clause 5.15 of the Shire of Dalwallinu Parking and Parking Facilities Local Law.

4) Delete Item 66 in the Second Schedule of the Shire of Dalwallinu Parking and ParkingFacilities Local Law.

5) Repeal clauses 2.4, 5.1 and 5.2 of the Shire of Dalwallinu Dogs Local Law 2014.

6) Amend clause 3.1(1)(c) of the Shire of Dalwallinu Dogs Local Law 2014 to read:

An occupier on premises on which a dog is kept must ... ensure that every gate or door inthe fence is kept closed at all times when the dog is on the premises (unless the gate istemporarily opened in a manner that ensures that the dog remains confined) and is fittedwith a proper latch or other means of fastening it.

7) Amend clauses 3.1, 4.9 and 6.1(2) of the Shire of Dalwallinu Dogs Local Law 2014 toimpose a penalty not exceeding ten times the relevant prescribed modified penalty, oralternatively amend Schedule 3 to delete the modified penalties.

8) Make all consequential amendments arising from these undertakings.

9) Provide a copy of the minutes of this meeting to the Joint Standing Committee onDelegated Legislation.

10)Not enforce the above clauses in a manner contrary to the undertakings.

11)Provide a copy of this undertaking with all copies of the Shire of Dalwallinu Parking andParking Facilities Local Law and the Shire of Dalwallinu Dogs Local Law 2014.

CARRIED 8/0

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11.4 Commence Adoption of the Shire of Dalwallinu General AmendmentLocal Law 2015

Applicant: Shire of DalwallinuFile No: LE/5 – Local LawsPrevious Meeting Reference: Full Council Meeting -27 May 2014; Community Services &

Economic Development Committee meeting – 17 March2015

Attachments: Draft Shire of Dalwallinu General Amendment Local Law2015

Author: Leanne Parola

Disclosure of Interest: NilDate of Report: 26 February 2015Senior Officer: Mr Keith Jones

___________________________________________________________________________

Purpose of ReportTo commence making a Local Law to make the required changes requested by the JointStanding Committee on Delegated Legislation to the Shire of Dalwallinu Dogs Local Law 2014and Shire of Dalwallinu Parking and Parking Facilities Local Law 2000.

BackgroundThe Shire of Dalwallinu General Amendment Local Law 2014 and Shire of Dalwallinu DogsLocal Law 2014 were adopted by Council at its Ordinary Meeting held 27 May 2014. As part ofthe process of adopting a local law, a copy of each was forwarded to the Joint StandingCommittee on Delegated Legislation.

The Joint Standing Committee on Delegated Legislation has written to advise that it consideredthe Shire of Dalwallinu General Amendment Local Law 2014 and Shire of Dalwallinu DogsLocal Law 2014 on 18 February 2015 and resolved to request Council to provide an undertakingto amend several clauses within the of Dalwallinu Parking and Parking Facilities Local Law2000 and Shire of Dalwallinu Dogs Local Law 2014 within six (6) months.

The Department of Local Government have also advised that they had discussed the newWALGA Model Parking and Parking Facilities Local Law with Joint Standing Committee onDelegated Legislation and as a result, both parties were now recommending that the clause andmodified penalty relating to stopping in a parking stall for people with disabilities be deletedaltogether.

CommentThe changes requested to the Dalwallinu Parking and Parking Facilities Local Law 2000 are asa result of introduction of the Local Government (Parking for People with Disabilities)Regulations 2014 which have made a number of the clauses within the local law out-dated.

The changes requested to the Shire of Dalwallinu Dogs Local Law 2014 are as a result ofamendments to the Dog Act 1976 which have made a number of the clauses within the locallaw out-dated.

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The Shire of Dalwallinu General Amendment Local Law 2015 has been drafted to address thematters raised by the Joint Standing Committee on Delegated Legislation as attached.


Legislative RequirementsSection 3.12 of the Local Government Act 1995 sets out the requirements for making, reviewingor repealing a local law.

It is a requirement of the Local Government Act 1995 that at a Council meeting the personpresiding is to give notice to the meeting of the purpose and effect of any proposed local lawincluding any amendment. The Local Government (Functions and General) Regulations 1996Part 1A-Local Laws, prescribe the following:

Notice of purpose and effect of proposed local law - s. 3.12(2)For the purpose of section 3.12, the person presiding at a council meeting is to give notice ofthe purpose and effect of a local law by ensuring that -(a) the purpose and effect of the proposed local law is included in the agenda for that meeting;

and(b) the minutes of the meeting of the council include the purpose and effect of the proposed

local law.

The intended Purpose and Effect of the Shire of Dalwallinu General Amendment Local Law2015 are:

Purpose: The purpose of the local law is to provide for the amendment of the Shire ofDalwallinu Dog Local Law 2014 and Shire of Dalwallinu Parking and Parking Facilities LocalLaw 2000 to provide for the good governance of the district of the Shire of Dalwallinu.

Effect: The effect of the local law is to amend existing local laws within the district of the Shireof Dalwallinu to reflect current legislation and to provide for the good governance of themunicipality.


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SocialAny changes to local laws need to be advertised and any submissions taken into account.

Financial ImplicationsThe creation of a new local law to amend the Shire of Dalwallinu Parking and Parking FacilitiesLocal Law and the Shire of Dalwallinu Dogs Local Law 2014 will incur advertising and gazettalcosts. There are adequate funds remaining in the 2014/15 budget for account E041187Advertising of Local Laws.

Voting RequirementsAbsolute Majority


Moved Cr IW HydeSeconded Cr NW Mills

That:1) Local public notice and state-wide public notice be given, in accordance with section 3.12

of the Local Government Act 1995, seeking public comments for the attached draft Shire ofDalwallinu General Amendment 2015 Local Law.

and;

2) A copy of the proposed local law and public notice be forwarded to the Minister for LocalGovernment.

CARRIED BY ABSOLUTE MAJORITY 8/0

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11.5 Request for Contribution – Dalwallinu Freemasons

Applicant: Dalwallinu FreemasonsFile No. CU/1 Customer Service - RequestsPrevious Meeting Reference: Ordinary Council 17 October 2015; Community

Services & Economic Development Committeemeeting – 17 March 2015

Attachments: NilAuthor: Mr Keith Jones


______________________________________________________________________________

Purpose of ReportTo consider the request from Dalwallinu Freemasons to contribute additional funds towards theerection of a Public Art Piece in the Dalwallinu Town Centre to commemorate 90 years ofFreemasonry in the District.

BackgroundMr Bill Dinnie has previously approached Council and presented plans for the development of apublic arts piece to commemorate 90 years of Freemasonry in the District.

The Dalwallinu Freemasons will be contributing $50,100 to the project and are requesting anadditional amount of up to $5,000 to ensure completion. The previous amount agreed to byCouncil is $9,600.

The current project expenditure is as follows:

Dalwallinu Freemasonssignage $ 6.500stonework $ 7,000artwork $30,000consultant $ 6,600

$50,100Shire Contribution (so far)

Concrete $ 1,320Italia Stone $ 4,830In-kind (estimated) $ 4,000

$10,150Additional Costs (to complete project)

Freo Stone $ 2,748In-kind (estimated) $ 2,000

$ 4,748

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CommentShould Council wish to support this project, the cost will be split between in-kind and creditorexpenses.


Legislative RequirementsNil

Strategic ImplicationsIs covered in the Strategic Community Plan 2013-2023 under Outcome 1.6.3 - Redeveloptownsite main streets.


EnvironmentThere are no known environment implications.


Social (Community Consultation)The community focus group has produced a formal proposal for Council.

Financial ImplicationsThe estimated in-kind costs would equate to around $2,000 with the cash costs being $2,748.


Officer RecommendationThat a contribution of up to $5,000 be made to the Dalwallinu Freemasons project to erect aPublic Art Piece.

Committee Recommendation/ResolutionMOTION

Moved CrSeconded Cr

That a contribution of up to $5,000 in addition to the $9,600 already contributed be made to theDalwallinu Freemasons project to erect a Public Art Piece.

MOTION LAPSED FOR WANT OF A MOVER

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12.0 MATTERS FOR CONSIDERATION – TOWN PLANNING

12.1 Lot 3 Deacon Street, Planning Report

Applicant: Wayne Peter JohnsonFile No: LP/10 – Land use and PlanningPrevious Meeting Reference: Community Services &Economic Development Committee

Meeting – 17 March 2015Attachments: Planning Application – Previously supplied – CS&ED

Committee meetingAuthor: Miss Debbie Fortuin


___________________________________________________________________________

Purpose of ReportTo consider approving the planning application for Lot 3 Deacon St, Dalwallinu for the followinguses:

1. Relocating of the Dalwallinu Windscreen Business to the site;2. Relocating of the Donga currently situated at 61 Johnston street to the site to utilise as

an office;3. To undertake motor vehicle servicing and detailing including window tinting;4. To permit the reduction of setbacks to 1m from the rear and side boundaries for the

positioning of the Donga;5. To permit the use of the dwelling as a caretaker residence;6. To permit the construction of a shed for the business;

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Background

The property is currently owned by Mr Brent Parkinson and is in the process of being sold to theapplicant.

CommentThe property situated at Lot 3 Deacon Street, Dalwallinu is zoned General Industry and as suchthe uses outlined in items 1, 2 and 3 above would be a permitted activity.

The applicant wishes to locate the donga 1m from the western boundary. The placement of thedonga 1m from the boundary would provide minor shading to the rear yard of the adjoiningproperty for a few hours in the morning and would not impede in any way on the neighbouringdwelling. It would therefore be reasonable to approve a 1m setback from the western boundaryfor the positioning of the donga. The donga will be utilised as an office.

Access is gained to the rear of the property by a right of way which is shown on the map belowas Lot 66 Deacons Street. The right of way abuts immediately alongside the dwelling. Thiswould not create a barrier to the proposed activity.

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The applicant wishes to utilise the dwelling as a caretaker’s residence. The dwelling currentlyholds the status of a non-conforming use right to be utilised as a residential dwelling.The Shire of Dalwallinu’s Local Planning Scheme No.2 outlines the Caretaker’s Dwellingrequirements as follows:“The provisions of this clause apply to caretakers’ dwellings.5.8.1 A caravan is not permitted as a caretaker’s dwelling for either permanent or temporary occupation.5.8.2 Only a single caretaker’s dwelling shall be permitted on each lot and it shall be located at the rearof a lot.5.8.3 The Council will not support the subdivision or development of land that will;• allow the dwelling to be sold separately from the predominant use of the land;• restrict the use of the land.5.8.4 A caretaker’s dwelling shall have a maximum floor area of 100m2 measured from the external faceof the walls.”

Given that the dwelling is pre-existing, and as such does not strictly meet all the criteria of acaretaker’s dwelling, The Shire of Dalwallinu’s Local Planning Scheme No.2 it is reasonable forCouncil to approve its use as a caretaker’s dwelling.

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View of the proposed caretakers dwelling

The proposed shed is to be constructed adjacent to the current shed and is to measure 5m x7.5m by 3.7m high. The height of the proposed extension will be the same as that of theexisting shed. The roofline of the existing shed will be extended to the east and slope upwardsto a height of 4.5m to accommodate trucks under the roofline. The roofline will constitute a 7.5mx 12.7m extension. The proposed sheds will be workshops for the servicing of vehicles and thewindscreen business.

The objectives for the General Industrial Zone according the Shire of Dalwallinu’s LocalPlanning Scheme No.2 are:“4.2.3.1 To provide for general industry, the storage and distribution of goods and associated uses,which by the nature of their operations may need to be separated from residential and other sensitiveareas.4.2.3.2 To discourage non-industrial uses to minimise land use conflicts and address environmentalimpacts.4.2.3.3 To provide a location for diverse industries that would otherwise have a detrimental impact on theother uses in close vicinity.4.2.3.4 To encourage the provision of landscaping to ensure the industrial development is appropriatelyscreened from the main road.4.2.3.5 To provide a location where separate heavy vehicular access is provided.4.2.3.6 To provide a location for regional and local depots, warehouses, and large vehicle parking andservicing areas.4.2.3.7 To provide for a range of employment opportunities.”

The proposed activities for these sheds meets the objectives of the Shire of Dalwallinu’s LocalPlanning Scheme No.2. Approval is subject to Council’s discretion.

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View of the rear of the property showing existing shed

There is ample availability of space to accommodate parking of customer vehicles duringservicing and windscreen work. Generally, vehicles would have a turn-around time of a fewhours and would not result in a stock piling of vehicles on the property. There is space for 5 carparks excluding shed space.

Policy Requirementsn/a


Strategic ImplicationsThe proposal seeks to further establish and expand the current business by relocating it to theGeneral Industrial Area.

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EnvironmentVehicle servicing and wash down would create some waste runoff which would need to beattended to in accordance with the Environmental Protection Act 1986 and its subsidiarylegislation.

EconomicUnknown

SocialThere are no known social implications.

Financial ImplicationsThe proposal attracts a fee of $147.



Moved Cr IW HydeSeconded Cr SC Carter

That Mr Wayne Peter Johnson be granted approval to undertake the following development onLot 3 Deacon Street, Dalwallinu:

1. Relocating of the Dalwallinu Windscreen Business to the site;2. Relocating of the Donga currently situated at 61 Johnston street to the site to utilise as

an office;3. To undertake motor vehicle servicing and detailing including window tinting;4. The reduction of setbacks to 1m from the western boundary for the positioning of the

Donga;5. The use of the donga as an office;6. The use of the dwelling as a caretaker residence;7. The construction of a shed for the business and the extension of the current shed as per

the planning application dated 02 February 2015;

Subject to the following conditions:A) Any run-off waste water including any discharges to land complies with the provisions of

the Environment Protection Act 1986 and its subsidiary legislationB) The proposal complies with the Building Code of Australia for the construction of the shed

and the relocation of the dongaC) The proposal complies with the Health Act 1911 in terms of onsite wastewater systemsD) All parking of vehicles is restricted to within the boundaries of the property.

CARRIED 8/0

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13.0 MATTERS FOR CONSIDERATION – HEALTH AND BUILDING

13.1 Building Approvals

Applicant: Shire of DalwallinuFile No: DB/1 Development & Building ControlsPrevious Meeting Reference: Community Services & Economic Development Committee

meeting – 17 March 2015Attachments: Building Approvals February 2015 – Previously supplied –

CS&ED Committee meetingAuthor: Miss Debbie Fortuin


____________________________________________________________________________

Purpose of ReportTo consider receiving building approvals report made by the Shire of Dalwallinu BuildingSurveyor under Council’s delegated authority.

BackgroundThe Shire’s Building Surveyor has received delegated authority to approve building applicationson behalf of Council. The Shire of Dalwallinu’s Building Surveyor has a responsibility to adviseCouncil on a regular basis on the building approvals issued under this delegated authority.

CommentA list of building approvals for the month of February 2015 is herewith attached for Councilinformation.

Building running totals for the financial year to date are as follows:

Residential: $ 3,095,455Industrial: $ 500,000


Legislative RequirementsSection 374 Local Government (Miscellaneous Provisions) Act 1960


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EnvironmentNil

EconomicUnknown

Social (Community Consultation)Nil




Moved Cr KM McNeillSeconded Cr KL Carter

That the report detailing building approvals for the month of February 2015 be received.

CARRIED 8/0

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14.0 MATTERS FOR CONSIDERATION – ECONOMIC DEVELOPMENT

There was no item for this section.

15.0 MATTERS FOR CONSIDERATION – FINANCE

15.1 Accounts for Payment for February 2015

Applicant: Shire of DalwallinuFile No: FM/6 - Expenditure ReportsPrevious Meeting Reference: Finance & Audit Committee Meeting – 17 March 2015Attachments: Summary of Accounts for Payment – Previously supplied

– F&A Committee meetingAuthor: Mrs Hanna Jolly


Purpose of ReportTo consider the acceptance and approval of the Schedule of Accounts for Payment.

BackgroundA list of invoices paid for the month of February 2015 from the Municipal Account, to the sum of$52,795.73 paid by cheque and $201,198.57 paid by EFT are attached, together with a list ofBank Fees, Payroll, Direct Debit Payments and transfers to Reserve. These paymentstotal $443,166.94. In addition, payments of $124,450.97 were made from the Trust Account.The total payments from all accounts being $567,617.91 have been listed for Council’sratification.

CommentIn accordance with the requirements of the Local Government Act 1995 a list of accounts paid,by approval of the Chief Executive Officer under the Council’s delegated authority, is to becompleted for each month showing:

a) The payees namesb) The amount of the paymentsc) Sufficient information to identify the paymentd) The date of the payment

The attached list meets the requirements of the Financial Regulations.

In addition to the above statutory provisions, Financial Management Regulation Section13(4) requires ‘the total of other outstanding accounts be calculated and a statement bepresented to Council at the next Council meeting”.

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Legislative RequirementsLocal Government (Financial Management) Regulations Act 1996, Regulation 12;and Regulations 13(3) (a) (b); 13(1); and 13(4).



EnvironmentNil

EconomicNil


Financial ImplicationsAccount payments are in accordance with the adopted budget for 2014/15 or authorized byseparate resolution.


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Moved Cr KL CarterSeconded Cr IW Hyde

That in accordance with the requirements of section 13(1), 13(3) and 13(4) of the LocalGovernment (Financial Management) Regulations 1996 a list of payments made in February2015 under the CEO’s delegated authority is endorsed in respect to the following Bankaccounts:

(a) Municipal Fund Account totalling $443,166.94 consisting of:

Cheque Numbers 34685 – 34699 $52,795.73Electronic Fund Transfers 3509 – 3607 $201,198.57(excluding Trust EFT 3535 & 3586)

Electronic Fund Transfers Payroll $159,463.00Bank Fees $585.32Direct Debit Payments (Superannuation Payments) $29,124.32

(b) Trust Account payments totalling $124,450.97 consisting of

Cheque Numbers 440 - 446 $948.37Electronic Funds Transfers 3535 & 3586 $965.00Direct Debits- Payments to DPI $122,537.60

CARRIED 8/0

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15.2 Monthly Financial Statements for February 2015

Applicant: Shire of DalwallinuFile No: FM/6 - Expenditure ReportsPrevious Meeting Reference: Finance& Audit Committee Meeting – 17 March 2015lAttachments: Monthly Statement of Financial Activity, Variance Reports,

Investments Held and Bank Reconciliations – Previouslysupplied – F&A Committee meeting

Author: Mrs Hanna Jolly


____________________________________________________________________________

Purpose of ReportTo receive the Financial Reports for the month ending 28 February 2015.

BackgroundThere is a statutory requirement that Financial Reports be recorded in the Minutes of themeeting to which they are presented. The Financial Reports, as circulated, give an overview ofthe current financial position of the Shire and the status of capital income and expenditure.

CommentFinancial Reports as at last day of business of the previous month are appended, for the periodending 28 February 2015.

Attached for Council’s consideration are:

Statement of Financial Activity Variance Reports Investments Held Bank Reconciliations

As per Council resolution, all items that have a variance of more than $5,000 have been notedon the variance reports.


Legislative RequirementsLocal Government Act 1995 s1.3 (2) (c)Local Government (Financial Management) Regulations 1996, s34 (1)Local Government (Financial Management) Regulations 1996, s19 (1) (2)Local Government (Financial Management) Regulations 1996, s34 (2)


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EnvironmentNil

EconomicNil





Moved Cr KL CarterSeconded Cr SC Carter

That the Financial Reports as submitted for the month ending 28 February 2015 be accepted.

CARRIED 8/0

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15.3 Sale of Lot 131 McNeill Street, Dalwallinu for Unpaid Rates

Applicant: Shire of DalwallinuFile No: FM/14 Debt RecoveryPrevious Meeting Reference: Finance & Audit Committee Meeting – 17 March 2015;

Ordinary Council Meeting 22 March 2011Attachments: Overdue Rates Report, Location map – Previously supplied

– F&A Committee meetingAuthor: Leanne Parola


___________________________________________________________________________

Purpose of ReportTo commence proceedings under the Local Government Act 1995 to sell Lot 131 McNeillStreet, Dalwallinu (corner of Rayner Street) which has outstanding rates over three (3) yearsold.

BackgroundThe registered proprietor of the property located at 15 McNeill Street, Dalwallinu being Lot 131on Deposited Plan 229969 contained in the Certificate of Title Volume 1974 Folio 54 isDalwallinu District Aboriginal Corporation of Lot 70 Ellison Street, Wubin.

The Dalwallinu District Aboriginal Corporation was deregistered on 24 October 2009 and theProperty was vested in the Office of the Registrar of Indigenous Corporations.

The Shire sought to exercise its power of sale under section 6.56 of the Local Government Act1995 in 2011. Section 7 of schedule 6.3 of the Act states that where no contract of sale wasentered into within 12 months of the date that the Local Government Act sale proceedingscommenced, the proceedings for the power to sell cease to have effect. The Shire musttherefore recommence Local Government Act 1995 proceedings in order to sell the property.

CommentThe Shire has engaged CS Legal to act on its behalf in the Local Government Act 1995proceedings to sell the property who contacted the Office of the Registrar of IndigenousCorporations to negotiate the sale of the property or commencing proceedings by consent tosatisfy the requirements of the Local Government Act 1995.

The Registrar refused to sell the property or pay the outstanding rates and will not consent tojudgement being entered against them without the Shire giving an indemnity, release andwaiver to the Commonwealth. If the Shire does not provide the indemnity, waiver and release,the Registrar will defend any proceedings brought against them by the Shire.

The property is zoned commercial and has residential housing as its west and southneighbours.

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The rates and service charges that have been outstanding for a period of three years total$9,547.02 which consists of the rates for 2006/07, 2007/08, 2008/09, 2009/10, 2010/11 and2011/12 financial years, less the sum of $359.69 being the last payment that was received on23 October 2006.

The estimate of CS Legal’s fees to commence proceedings against the Registrar in theMagistrates Court would be $15,000.00 to $20,000.00 plus GST plus disbursements. If eitherparty were to appeal the decision of the Magistrates Court, CS Legal’s fees to act for the Shirein an appeal to the District Court would cost $10,000.00 to $15,000.00.

The property currently has an outstanding debt of $26,488.75 (made up of rates, rubbishcharges, recycling charges, sewerage rates, ESL, interest and legal charges).


Legislative RequirementsLocal Government Act 1995 – Part 6 Financial Management – Division 6 Rates and service

charges – Subdivision 6 Actions against land where rates orservice charges unpaid

- Schedule 6.3 Provision relating to sale or transfer of land whererates or service charges unpaid

Local Government (Financial Management) Regulations 19966.64. Actions to be taken(1) If any rates or service charges which are due to a local government in respect of any

rateable land have been unpaid for at least 3 years the local government may, inaccordance with the appropriate provisions of this Subdivision take possession of the landand hold the land as against a person having an estate or interest in the land and —

(a) from time to time lease the land;

(b) sell the land;

(c) cause the land to be transferred to the Crown; or

(d) cause the land to be transferred to itself.

(2) On taking possession of any land under this section, the local government is to give to theowner of the land such notification as is prescribed and then to affix on a conspicuous partof the land a notice, in the form or substantially in the form prescribed.

(3) Where payment of rates or service charges imposed in respect of any land is in arrears thelocal government has an interest in the land in respect of which it may lodge a caveat topreclude dealings in respect of the land, and may withdraw caveats so lodged by it.

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6.68. Exercise of power to sell land(1) Subject to subsection (2), a local government is not to exercise its power under section

6.64(1)(b) (in this Subdivision and Schedule 6.3 referred to as the power of sale) inrelation to any land unless, within the period of 3 years prior to the exercise of the powerof sale, the local government has at least once attempted under section 6.56 to recovermoney due to it.

(2) A local government is not required to attempt under section 6.56 to recover money due toit before exercising the power of sale where the local government —

(a) has a reasonable belief that the cost of the proceedings under that section will equalor exceed the value of the land; or

(b) having made reasonable efforts to locate the owner of the property is unable to doso.

(3A) A local government is to ensure that a decision to exercise a power of sale without having,within the period of 3 years prior to the exercise of the power of sale, attempted undersection 6.56 to recover the money due to it and the reasons for the decision are recorded inthe minutes of the meeting at which the decision was made.

(3) Schedule 6.3 has effect in relation to the exercise of the power of sale.



EconomicThis land is vested in the Office of the Registrar of Indigenous Corporations and has anamount in excess of $26,000 outstanding.

Social (Community Consultation)Members of the community have approached the Shire in the past to see if this property canbe used.

Financial ImplicationsThere is currently a debt in excess of $26,000 outstanding on this property. This is a reportableoutstanding rate and is reflected in the Shire’s financial statements. The legal costs in pursingthe debt are a debt against the property, and will be added to the outstanding amount as theyare incurred.


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Officer/Committee RecommendationThat:

1. The Shire does not wish to expose itself to liability to the Registrar of IndigenousCorporations and the Commonwealth by providing an indemnity, waiver and release.

2. The Shire resolves to exercise its power of sale and to waive the requirement tocommence proceedings on the basis that the legal fees would equal or exceed the valueof the property pursuant to section 6.68(2)(b) of the Local Government Act 1995 (WA).

Officer Note: Further to the Committee meeting, it is suggested the following point be added tothe motion for the purpose of clarity.

ResolutionMOTION 8270

Moved Cr IW HydeSeconded Cr KL CarterThat:

1. The Shire does not wish to expose itself to liability to the Registrar of IndigenousCorporations and the Commonwealth by providing an indemnity, waiver and release.

2. The Shire resolves to exercise its power of sale and to waive the requirement tocommence proceedings on the basis that the legal fees would equal or exceed the valueof the property pursuant to section 6.68(2)(b) of the Local Government Act 1995 (WA).

3. The Shire give the appropriate notices as soon as practicable to take possession of theland, advertise its intention to offer the land for sale by public auction and lodge amemorial with the Registrar of titles, in accordance with the Local Government Act 1995.

CARRIED 8/0

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15.4 Outstanding Rates Debtors Report for February 2015

Applicant: Shire of DalwallinuFile No: FM/6 - Expenditure ReportsPrevious Meeting Reference: Finance & Audit Committee Meeting – 17 March 2015Attachments: Confidential Attachments – Previously supplied –F&A

Committee MeetingAuthor: Miss Christie Andrews


____________________________________________________________________________

Purpose of ReportTo receive the Outstanding Rates Debtors Reports as at 28 February 2015.

BackgroundCouncil’s Policy Clause 3.6(vi) requires a report to be submitted at each Ordinary Councilmeeting detailing the current outstanding rates and the progress made towards their collection.

Reports on Rates Debtors contain totals for Rates, Rubbish, Sewerage and EmergencyServices Levy (ESL). The ESL is a State Government charge for provision of emergencyservices which, due to legislation, the Shire is required to collect and forward on to the Fire &Emergency Services Authority (FESA).

CommentReport on Outstanding Rates Debtors as at 28 February 2015 appends.

The 2014/15 Rates were raised and issued on 9 August 2014.

Important dates are as follows:Rates due date 15 August 2014Instalment option selection date 15 August 2014Final Notices issued 11 September 2014Second instalment due 15 October 2014Third instalment due 15 December 2014Fourth instalment due 16 February 2014

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Breakdown of outstanding rates debtors as at 28 February 2015

As there has been no response to previous correspondence there are two properties (A376 &A189) we wish to send to our debt collection agency for further recovery action.

As we achieved an outstanding rates percentage of 2.78% as at 30 June 2014, we aim tohave a similar percentage as at the 30 June 2015, notwithstanding that 3% outstanding is anacceptable industry average. We will strive to better this figure and at the close of the2014/15 financial year aim to have an outstanding rates percentage no higher than 1.5%.





EnvironmentNil

EconomicNil


Rates 122,980.32Rubbish 12,807.05Sewerage 14,280.41ESL 4,012.61Paid in Advance -5,882.14Total Outstanding 148,198.25

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Financial ImplicationsAs at 28 February 2015 rates outstanding were $148,198.25 in respect to collectable rates ofwhich $94,365.11 has been carried forward from 2013/14 or prior rating years, with 2013/14 ratesraised being $3,435,293.24.

Ratio = Total OutstandingCollectable

= 148,198.253,529,654.35

= 4.20%

Ratio = Total OverdueCollectable

= 137,474.883,529,654.35

= 3.89%

The total rates overdue figure is the figure that we are currently trying to recover.


Officer/Committee Recommendation/Resolution

MOTION 8271

Moved Cr KL CarterSeconded Cr IW Hyde

That the Outstanding Rates Debtors Reports as at 28 February 2015 for ratepayerswith outstanding balances be accepted.

To send two properties (A376 & A189) to our debt collection agency for furtherrecovery action.

CARRIED 8/0

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15.5 Offer to Purchase Lot 12 James Street, Dalwallinu

Applicant: Mr Robert RayFile No. CP/1 Council Land DisposalsPrevious Meeting Reference: Ordinary Council Meet ing– 24 February 2015;

Finance & Audit Committee Meeting – 17 March 2015Attachments: Email from Robert Ray – Previously supplied – F&A

Committee MeetingAuthor: Angela Hoy


Purpose of ReportTo consider an offer of $55,000.00 (including GST) by Mr Robert Ray to Purchase Lot 12 JamesStreet, Dalwallinu.

BackgroundThe block is owned by the Shire and is located at 45 James Street, Dalwallinu. This property ison the corner of James & McNeill Streets and adjoins a Brethren Hall to the south and a Shireowned over 55s Joint Venture property to the west. This lot is currently not connected to anyservice (water, power or sewerage).

The Shire has previously sold industrial Lots 652, 653, 655, 656, 657, 658, 9000 and 9002 andresidential lots 474, 532, 602, 608 & 609 in Dalwallinu through this process.

Council at the 24 February 2015 requested that the CEO contact Robert Ray to ensure his offerto purchase would include an agreement to pay all costs relating to any head works includingconnection to the existing sewer main.

CommentA valuation would need to be obtained and Council will need to agree whether they wish to sellthis block (and agree on the amount they wish to receive, such as valuation or offer amount). Ifan agreement is reached to sell the property the Shire would be required by the LocalGovernment Act 1995 S3.58 to give public notice of the proposed disposition describing theproperty, names of the parties, valuation and the consideration.

Should Council agree to the sale on the above terms, the valuation should be received in timefor this matter to be advanced at the Council meeting in either March or April 2015.

Although the offer does not state whether GST is included or excluded from the offer, Mr RobertRay has verbally advised that the offer is including GST.Policy RequirementsNil

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Legislative RequirementsLocal Government Act 1995 S3.58 – Disposing of property.The property is currently zoned residential.




EconomicAny sales of land in the Shire help to demonstrate the economic activity that is occurring.

Social (Community Consultation)Advertising as per S3.58 of Local Government Act 1995 will need to be undertaken to givepublic notice of the Shire’s intent to sell this property.

Financial ImplicationsApart from the sale value, annual rates income will be forthcoming for this property. Income forthe sale of this land has not been included in the 2014/15 Adopted Budget.

An email dated the 12 March 2015 was received from Robert Ray stating his agreement to payall costs relating to any connection to the existing sewer network.


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Moved Cr IW HydeSeconded Cr KM McNeill

That, subject to S3.58 of Local Government Act 1995, Council agrees to sell Lot 12 JamesStreet, Dalwallinu to Mr Robert Ray under the following conditions:

a non-refundable deposit of $400 be paid (to be deducted from the costs ofadvertising and valuation); and

sale price to be $55,000.00 (including GST) or market valuation, whichever isgreater;

costs of advertising and valuation to be borne by the purchaser (with $400 depositbeing deducted);

purchaser to cover any costs relating to the connection to the existing sewer network,and any other head works involved.

the proceeds of sale be added to the Land & Building Reserve; and any development of the land must comply with the Shire of Dalwallinu Local Planning

Scheme No. 2 and the residential design codes.

CARRIED 8/0

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15.6 Offer to Purchase 87 (Lot 241) Johnston Street, Dalwallinu

Applicant: Mr Barton SpriggFile No. CP/1 Council Land DisposalsPrevious Meeting Reference: Ni lAttachments: Email from Barton SpriggAuthor: Miss Debbie Fortuin


Purpose of ReportTo consider an offer of $45,000.00 (including GST) plus the cost of transfer fees by Mr BartonSprigg to purchase 87 (Lot 241) Johnston Street, Dalwallinu.

BackgroundThe block is owned by the Shire and is located at 87 Johnston Street, Dalwallinu. This propertyadjoins a duplex to the north (owned by SC & LA Carter), an old church to the south (owned byJR & EJ Wallis) and a Shire owned residence to the west (Aquatic Centre Manager’s house).This lot is currently not connected to any service (water, power or sewerage).

The Shire has previously sold industrial Lots 652, 653, 655, 656, 657, 658, 9000 and 9002 andresidential lots 474, 532, 602, 608 & 609 in Dalwallinu through this process.

CommentA valuation would need to be obtained and Council will need to agree whether they wish to sellthis block (and agree on the amount they wish to receive, such as valuation or offer amount). Ifan agreement is reached to sell the property the Shire would be required by the LocalGovernment Act 1995 S3.58 to give public notice of the proposed disposition describing theproperty, names of the parties, valuation and the consideration.

The Shire acquired the land from the Department of Land for $50 000 on 30 October 2014.

Should Council agree to the sale on the above terms, the valuation should be received in timefor this matter to be advanced at the Council meeting in either April or May 2015.

Although the offer does not state whether GST is included or excluded from the offer, Mr BartonSprigg has verbally advised that the offer is including GST.Policy RequirementsNil

Legislative RequirementsLocal Government Act 1995 S3.58 – Disposing of property.The property is currently zoned residential.

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EconomicAny sales of land in the Shire help to demonstrate the economic activity that is occurring.

Social (Community Consultation)Advertising as per S3.58 of Local Government Act 1995 will need to be undertaken to givepublic notice of the Shire’s intent to sell this property.

Financial ImplicationsApart from the sale value, annual rates income will be forthcoming for this property. Income forthe sale of this land has not been included in the 2014/15 Adopted Budget.



Moved Cr KL CarterSeconded Cr SC Carter

That, subject to S3.58 of Local Government Act 1995, Council agrees to sell Lot 241 JohnstonStreet, Dalwallinu to Mr Barton Sprigg under the following conditions:

a non-refundable deposit of $400 be paid (to be deducted from the costs ofadvertising and valuation); and

sale price to be $45,000.00 (including GST) or market valuation, whichever isgreater;

costs of advertising and valuation to be borne by the purchaser (with $400 depositbeing deducted);

the proceeds of sale be added to the Land & Building Reserve; and any development of the land must comply with the Shire of Dalwallinu Local Planning

Scheme No. 2 and the residential design codes. The purchaser to cover any costs relating to the connection to the existing sewer

network, and any other head works involved.

CARRIED BY ABSOLUTE MAJORITY5/3

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15.7 Salaries and Allowances Tribunal Submission

Applicant: Shire of DalwallinuFile No: PRESIDENT/ GovernancePrevious Meeting Reference: NilAttachments: letter to SAT 5 September 2014

letter from SAT 4 March 2015Author: Mr Keith Jones


____________________________________________________________________________

Purpose of ReportTo consider making a submission to the Salaries and Allowances Tribunal regarding the ChiefExecutive Officers remuneration.

Background

The Shire President wrote to SAT on 5 September 2014 requesting that the Shire of Dalwallinube added to Schedule 2 Regional/Isolation Allowance allocating a maximum amount of $30,000per annum.

A response letter was received on 22 October 2014 advising that the Tribunal resolved that nochange will be made at the present time however, the concerns raised will be considered againas part of the review in mid 2015.

A letter from SAT requesting submissions with a deadline of 10 April 2015 was received viaemail on 4 March 2015. The Finance and Audit Committee have asked that a Full CouncilAgenda item be prepared.

CommentA submission template has been provided indicating three areas to cover, those being,distinguishing features; recruitment issues; remuneration issues. It is suggested that these beaddressed and include the facts that the Shire provides the Medical Centre, have issuesrelevant to a major national highway and as far as the Shire location, we are more remote thatsome other local governments that currently receive $30,000 per annum for theRegional/Isolation Allowance.




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EnvironmentThere are no known Environmental implications.

Economicreceipt of the $30,000 allowance would have a positive economic effect.

Social (Community Consultation)There are no known Social implications.




Moved Cr SC CarterSeconded Cr IW Hyde

That the Chief Executive write a letter to the Salaries and Allowances Tribunal requesting thatthe Shire of Dalwallinu be added to Schedule 2 Regional/Isolation Allowance with a maximumamount of $30,000 per annum.

CARRIED 8/0

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16.0 MATTERS FOR CONSIDERATION - ADMINISTRATION

16.1 Local Government Advisory Board

Applicant: Shire of DalwallinuFile No: GO/2 Local Government Advisory BoardPrevious Meeting Reference: Motion 8150 - 23 September 2014

Motion 8221 - 16 December 2014Attachments: NilAuthor: Mr Keith Jones


____________________________________________________________________________

Purpose of ReportTo consider the progress of the submission to the Local Government Advisory Board regardingthe Shire of Dalwallinu boundary changes.

BackgroundAt the 23 September 2014 meeting, Council resolved:

MOTION 8150

Moved Cr SC CarterSeconded Cr KL Carter

That a submission be prepared for the local government advisory board on boundary changesfor presentation to the December 2014 Councillor meeting.

CARRIED 6/0

The process commenced and advertising calling for community input to this process receivedlimited response.

At the 16 December 2014 meeting Council resolved:

MOTION 8221


That the current work on the submission to the Local Government Advisory Board beacknowledged and a draft report be presented to the 24 March 2015 meeting for consideration.

CARRIED 9/0

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CommentConsultation has commenced with Conway Highbury on Monday 16 March. This organisation hashad experience with submissions to the Local Government Advisory Board and would be veryhelpful in drafting a submission from this Shire.



Strategic ImplicationsThe process of reviewing boundaries and community of interest is important for planning thefuture direction of the Shire.


EnvironmentEnvironmental implications will be considered as part of the boundary review.

EconomicEconomic Implication will be considered as part of the boundary review.

Social (Community Consultation)Community consultation will be integral in the compilation of the report to the LocalGovernment Advisory Board.



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Officer RecommendationThat1. Council authorise the Shire President and the Chief Executive Officer to continue

preparing the boundary change submission in consultation with the consulting firmConway Highbury and submit the draft to Council when completed.

2. An amount of up to $2,000 be allocated to pay for consulting fees



That1. Council authorise the Shire President and the Chief Executive Officer to continue

preparing the boundary change submission in consultation with the consulting firmConway Highbury and submit the draft to Council when completed.

2. An amount of up to $6,500 be allocated to pay for consulting fees.

CARRIED 8/0

4:16pm Mrs A Hoy left the chambers

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PROCEDURAL MOTION 8276

Moved Cr SC CarterSeconded Cr NW Mills

“That Council consider one item of urgent/late business.”CARRIED 8/0

4.20pm Mrs A Hoy returned to the chambers

17.0 URGENT BUSINESS BY DECISION OF THE MEETING

17.1 2015 Compliance Audit Return for Local Government

Applicant: Shire of DalwallinuFile No: GO/4 Compliance Audit ReturnPrevious Meeting Reference: NilAttachments: Local Government Compliance Audit ReturnAuthor: Mr Keith Jones


__________________________________________________________________________________________________________________

Purpose of ReportTo consider the Compliance Audit Return (C.A.R.) for the year ended 31 December 2014.

BackgroundLocal Governments are required to undertake a Compliance Audit for each calendar year, by 31March in the following year. The Department of Local Government provide the specificquestions for the report, as well as the form for the report’s submission.

CommentA copy of the completed Compliance Audit Return for the period of 1 January 2014 to31 December 2014 is attached.


Legislative RequirementsLocal Government Act 1995


EnvironmentNil

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EconomicNil






That the Compliance Audit Return of Council for 1 January 2014 to 31 December 2014 beadopted.

CARRIED 8/0

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4.22pm Cr KL Carter left the Council ChambersMrs A Hoy, Ms T Slot and Mrs G Matias left the Council Chambers and didnot return.



“That Council close the meeting to the public at this time, being 4.24pm to discuss confidentialmatters.”

CARRIED 7/0

4.24pm Mr WM Dinnie left the Council Chambers.

18.0 CONFIDENTIAL BUSINESS - As per Local Government Act 1995, Section 5.23(2)

18.1 CLGF Funded Factory Units project

Officer RecommendationThat the Chief Executive Officer be delegated authority to negotiate the purchase of_____________________________ to a maximum amount of $___________.

or

That the Chief Executive Officer commence the process of determining design options for theconstruction of industrial factory units on lot 1002 Roberts Road Dalwallinu.

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CARRIED BY ABSOLUTE MAJORITY 7/0

Committee Recommendation

temporarily redacted until negotiations are completed


Moved Cr IW HydeSeconded Cr AR Dickins

temporarily redacted until negotiations are completed



“That Council reopen the meeting to the public at this time, being 4.37pm.”

CARRIED 7/0

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4.37pm Cr KL Carter and Mr WM Dinnie returned to the Council Chambers.

19.0 SCHEDULING OF MEETING

MOTION 8281

Moved Cr GH SandersonSeconded Cr AR Dickins

That an Ordinary Meeting of Council be held on 28 April 2015 at Council Chambers, Dalwallinucommencing at 3.30pm.

CARRIED 8/0

20.0 CLOSURE

There being no further business, the Chairperson closed the meeting at 4.38pm.

21.0 CERTIFICATIONI, Robert Stanley NIXON, certify that the Minutes of the meeting held on the 24 March 2015, asshown on page numbers 1 to 53 were confirmed as a true record at the meeting held on the 28April 2015.

____________________CHAIRPERSON

____________________DATE

MINUTES - dalwallinu.wa.gov.au · 5.0 MINUTES OF PREVIOUS MEETINGS ... Many Roads within the Shire...

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