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Shire of Mount Magnet Minutes for Ordinary Council Meeting held 28th August 2009 of 91

SHIRE OF MOUNT MAGNET

MINUTES

ORDINARY COUNCIL MEETING

28th August 2009

PUBLIC COPY


SHIRE OF MOUNT MAGNET MINUTES

Ordinary Council Meeting 28th August 2009

TABLE OF CONTENTS 1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ............................. 3 2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ........................... 3 3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ..................... 3 4 PUBLIC QUESTION TIME ..................................................................................................... 5 5 APPLICATIONS FOR LEAVE OF ABSENCE ..................................................................... 5 6 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .......................................... 5

6.1 Ordinary Meeting held on 24th July 2009 .................................................................... 5 7 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION ................... 5 8 PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS ............................. 5 9 AGENDA ITEMS ....................................................................................................................... 6

9.1 FINANCE ........................................................................................................................ 7 9.1.1 Accounts for Payment ........................................................................................ 7 9.1.2 Monthly Financial Report Period Ended July 31, 2009 ................................. 9

9.2 MANAGEMENT AND POLICY ............................................................................... 36 9.2.1 Committees of Council ..................................................................................... 36 9.2.2 Request for Donation ....................................................................................... 41 9.2.3 State Government Checklist Assessment ....................................................... 44 9.2.4 Workplace Bullying Policy .............................................................................. 51 9.2.5 Issue of Low Impact Licence ........................................................................... 56 9.2.6 Request for Support to Lease Property.......................................................... 61 9.2.7 Expressions of Interest – Road Maintenance and Construction.................. 63 9.2.8 Tender For Rubbish Services .......................................................................... 65

9.3 HEALTH ....................................................................................................................... 70 9.3.1 Strategic Waste Management Plan 2009 - 2013 ............................................ 70

9.4 WORKS ......................................................................................................................... 73 9.5.1 Tourism Information Centre ........................................................................... 74 9.5.2 FACET Conference – Preparations ................................................................ 77 9.5.3 Expressions of Interest to Host Conference ................................................... 79

10 CONFIDENTIAL BUSINESS ............................................................................................ 86 10.1 Performance Review – Corporate Services Manager ............................................... 86

11 NEW BUSINESS .................................................................................................................. 88 11.1 Rates Incentive Prizes .................................................................................................. 88 11.2 Local Government Reform Submission. .................................................................... 90

12 NEXT MEETING ................................................................................................................ 91 13 CLOSURE OF MEETING .................................................................................................. 91 14 CERTIFICATION BY CHAIRMAN ................................................................................. 91


SHIRE OF MOUNT MAGNET MINUTES

Ordinary Council Meeting 28th August 2009

1 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

President declared the meeting open at 3.09pm and welcomed all attending. 2 RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE

President Cr Ashley Dowden Member Cr Kent Lucy Member Cr Wendy McGorman Member Cr Greg Scott Member Cr Karen Williams Member Cr David Jones Member Cr Joe O’Brien Chief Executive Officer Mr David Burton Corporate Services Manager Mr Adrian Byrne

Apologies: Member (Vacant) Member Cr Kevin Brand

3 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Ms Marilyn Davies asked the following questions which were responded to by the CEO: 1. What was the net operating position of the Caravan Park for the year ended 30th June

2009? Cash Loss was $40,000 however it should be noted that several units have only just come on line. This change can be seen in the growth in July where we achieved approx $5,000 more than previous years, August would also seem to be about $2,500 above previous years. If this trend continues throughout the year, the deficit should be eliminated. It should also be noted that events in town out of the control of the Shire did deter people from staying in town.

2. Why are ratepayers continuing to subsidise a non performing business (ie the

Caravan Park)? Last year the council spent about $250,000 on capital items, and this is on top of the net operating loss. A further $50,000 is provided in this year’s budget while at the same time other council assets are being left to deteriorate. $30,000 was funded through federal govt funding – no cost to ratepayers Costs were also for Housing, ablutions etc, not just accommodation. Were the one off items such as the leach drains, earth works at the back, fencing, barby area gazebo etc done last year as well.


Not all jobs can be done at once, Council and the staff must prioritise works to try and gain maximum benefit.

The Council Facade is badly cracked and falling down (main street eyesore) Currently included in budget for repairs, suitable tradesmen being sought. This problem has been identified and is in the current budget The Rural Transaction Centre (Library building) is in need of major works As above. These buildings are heritage listed which does make repairs a little more complex than just getting someone in to cover the problems. Once against this has been identified and is being looked at for possible playgroup. The pool and shire house next door to it look an absolute disgrace (shameful for the main street) Pool house and garden being looked at by town crew. Swimming pool is being cleaned ready for season. The facilities for our young people are appalling. Current budget has an allowance for a new youth centre and recreation facility at the tennis courts. Public submissions will be requested for this shortly. There is no suitable age appropriate playground equipment for the younger children who live in town. Some playground equipment was recently removed as it was hazardous. Current budget contains funding for additional equipment. The basketball and tennis courts are disgusting Current budget has an allowance for the resurfacing of the basketball courts, Councils officers are currently planning for this work to be done. Tennis courts were left due to the youth centre construction as previously mentioned. This will be done over the existing courts and the courts repairs with the construction. Tennis courts have deteriorated slowly over a long period of time. The pot holes in many of the roads pose hazards for vehicles and cyclist, not to mention pedestrians. Town works crew are always looking for potholes. If anything is left it may be an oversight. Have spoken to Works Manager and the town crew will be looking at this as a weekly inspection.

3. Should ratepayers tolerate their money being wasted on the caravan park?

The council has pumped money into a caravan park that is taking the bread and butter out of other local accommodation providers. Attracting tourists to town should be a way of bringing extra money into our economy, but in Mount Magnet’s case ratepayers are subsiding cheap accommodation for people visiting town. Council through the Tourism Advisory Committee are trying to improve tourism to the area and are looking to increase the number of tourist and the duration of their


stay in Mount Magnet. This will be an ongoing process. We have seen on several occasions of a major event in town and all accommodation is taken. The additional accommodation and future expansion of the caravan park is essential in providing for the increase in tourists. A Survey was sent out to all accommodation owners requesting their charges for accommodation to ensure that the Shire was not undercutting any other business in town. This was responded to by only a few. The charges where then drawn from this and any other local knowledge that was available at the time to ensure that the Shire was not offering a subsidised rental fee.

4. There were 74 letters of opposition to the redevelopment of the caravan park so why

weren’t the views of these concerned ratepayers and small business people heeded? There was no public consultation before spending the money on the dongas for the

caravan park, and when rate payers put their views forward, they were ignored.

The petition that was circulated was considered by Council however it was felt that many of the signatories were misinformed of Councils intentions and reasons. After the information was released to the public, many who had signed the petition came forward and congratulated Council for taking the initiative. This was also considered.

4 PUBLIC QUESTION TIME

Nil 5 APPLICATIONS FOR LEAVE OF ABSENCE

Nil 6 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

Moved: Cr Jones Seconded: Cr O’Brien 6.1 Ordinary Meeting held on 24th July 2009

That the minutes of the Ordinary Meeting of Council held on 24th July 2009 as circulated be confirmed as a true and correct record of proceedings. Resolution 2009-08-01 CARRIED 7/0

7 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

President had attended the TAC Workshop for the preparation for the FACET Conference. Attended public meeting for Local Government Reform, Public Meeting and Regional Meeting.

8 PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS

Cr Jones: attended MRVC Meeting Cr O’Brien: attended Local Government Week Cr McGorman: attended Local Government Week Cr Scott: attended MRVC Meeting and Public Meeting. Cr Lucy: attended Public Meeting for Local Government Reform.


9 AGENDA ITEMS


9.1 FINANCE 9.1.1 Accounts for Payment

File: FI-APAY Officer: Senior Finance Officer Amended By: Nil Disclosure of Interest: No Interest to Disclose Date: 18th August 2009

Accounts for payment totalling $ 294,023.79 (Municipal Account) represented by- Vouchers 12843 to 12858 $ 40,342.69 EFT’s $ 253,681.10 Total $ are presented for payment.

294,023.79

Financial Implications Financial effect on Council or NIL. Strategic Implications Strategic Implications or NIL. Voting Requirements Simple Majority / Absolute Majority / Special Majority.

OFFICER RECOMMENDATION AND COUNCIL RESOLUTION

Moved: Cr Williams Seconded: Cr O’Brien Accounts for payment totalling $ 294,023.79 (Municipal Account) represented by- Vouchers 12843 to 12858 $ 40,342.69 EFT’s $ 253,681.10 Total $ As presented for payment.

294,023.79

Resolution 2009-08-02 CARRIED 7/0 List of Accounts submitted to the Ordinary Meeting of Council held on the 28th August 2009


Confirmed in respect of Accounts Authorised for payment by the Chief Executive Officer Vchr No Date Payee's Name Particulars Amount Other

of Payment Funds TrustEFT368 12/06/2009 MOUNT MAGNET TOURIST INFO CENTRE Purchase of TIC Stock -1983.00EFT437 01/07/2009 ALLEASING PTY LTD Lanier Photocopier Lease -400.29EFT438 15/07/2009 TOYOTA FINANCE AUSTRALIA Lease for Commuter Bus -747.5712834 23/07/2009 ASHLEY W DOWDEN Meeting Fees January 09 -June 09 -6299.0812835 23/07/2009 DAVID ANTHONY JONES Meeting Fees January 09 -June 09 -1046.3612836 23/07/2009 GREGORY ROBERT SCOTT Meeting Fees January 09 -June 09 -1582.9112837 23/07/2009 JOSEPH PATRICK O'BRIEN Meeting Fees January 09 -June 09 -720.0012838 23/07/2009 KAREN WILLIAMS Meeting Fees January 09 -June 09 -840.0012839 23/07/2009 KENT LUCY Meeting Fees January 09 -June 09 -840.0012840 23/07/2009 KEVIN MAURICE BRAND Meeting Fees January 09 -June 09 -720.0012841 23/07/2009 WENDY ANNE MCGORMAN Meeting Fees January 09 -June 09 -840.0012842 23/07/2009 WILLIAM HENDERSON Meeting Fees January 09 -June 09 -240.00EFT440 28/07/2009 CBA MASTERCARD Skippers Flight & Tourist Maps -802.72DIRECT 31/07/2009 PAYROLL PPE: 28/07/2009 -29436.50EFT439 04/08/2009 WESTNET PTY LTD TIC Internet Account for June -57.95DIRECT 13/08/2009 PAYROLL PPE: 11/08/2009 -32431.65EFT441 18/08/2009 AERODROME MANAGEMENT Landing Data June 2009 -357.19EFT442 18/08/2009 AIRPORT LIGHTING SPECIALIST Runway Lights -335.50EFT443 18/08/2009 ATYEO'S ENVIRO HEALTH SERVICES EHO/Building Surveyor July 09 -2772.01EFT444 18/08/2009 AUSRECORD New Filing System Strong Room -1486.54EFT445 18/08/2009 AUSSIE TREE SERVICES Prune/Remove Trees-Power Lines -6105.00EFT446 18/08/2009 AUSTRALIAN AIRPORTS ASSN Annual Membership Subscription -1210.00EFT447 18/08/2009 BOC GASES Annual Charges 1/7/09-30/6/10 -874.85EFT448 18/08/2009 BROADCAST AUSTRALIA Facility Leasing 1/7/09-30/06/10 -4676.00EFT449 18/08/2009 BUNNINGS BUILDING SUPPLIES Airport-Bins/Mats/Cleaning Supp -268.14EFT450 18/08/2009 C J D EQUIPMENT PTY LTD 20 Litre Drum of Coolant x 2 -306.28EFT451 18/08/2009 COMMERCIAL CLUB HOTEL Catering Council Lunches+Visitors -345.00EFT452 18/08/2009 CORPORATE EXPRESS AUSTRALIA LTD Stationery Order -1384.39EFT453 18/08/2009 COURIER AUSTRALIA Freight for Stationery Order -43.19EFT454 18/08/2009 DIRECT HEATING & COOLING Tourist Info Centre-Split System -4794.46EFT455 18/08/2009 ESPLANADE Accommodation-Training -878.05EFT456 18/08/2009 GERALDTON FUEL COMPANY 7x Jet A-1, 8000 Ltr Bulk Deisel -15331.81EFT457 18/08/2009 GERALDTON LOCK & KEY SPECIALISTS Cut Keys for Ablutions C/Park -132.00EFT458 18/08/2009 GERALDTON MID WEST SPORTS Week 8 Sport Program MMDHS -220.00EFT459 18/08/2009 GERALDTON MOWER & REPAIRS Chain Bar Oil Filler Cap -15.20EFT460 18/08/2009 GERALDTON TOYOTA Service for Toyota Prado 0 MA -297.39EFT461 18/08/2009 GREENFIELD TECHNICAL SERVICES Engineering Consultant -965.25EFT462 18/08/2009 GARDNERS SALES & SERVICE Warranty/Dryer Timer-Freight -16.50EFT463 18/08/2009 H & J JONES & SONS PTY LTD Fence Erection at Refuse Site -1732.50EFT464 18/08/2009 HAINES NORTON (WA) PTY LTD Interim Billing-Audit YE30/06/09 -9383.00EFT465 18/08/2009 IT VISION USER GROUP INC. Annual Subscription 2009/2010 -484.00EFT466 18/08/2009 JK PLUMBING GAS & MAINTENANCE Plumbing Repairs-Lot 453/Depot/

TIC, Lot 452 -Unblock Drains, Depot Pound - Install Waterline

-2403.50

EFT467 18/08/2009 JR & A HERSEY PTY LTD Litter Pick - Up Tools -262.90EFT468 18/08/2009 JOHNS BUILDING SUPPLIES Pty Ltd 25mm Steel Strapping -47.85EFT469 18/08/2009 KEWDALE CAD&DRAFTING SUPP Rodia Dividers-Plan Cabinet -63.69EFT470 18/08/2009 LGIS INSURANCE BROKING Councillors and Officer Liability,

Salary Continuance, Business Practices Liability, Personal Accident,Bush Fire, Marine Cargo and Aviation Liability Insurances

-17956.82

EFT471 18/08/2009 LGIS LIABILITY Fidelity Guarantee Insurance -556.88EFT472 18/08/2009 LGIS WORKCARE W/Comp Insurance-1st Instalm't -18991.50EFT473 18/08/2009 LOCAL GOVERNMENT MANAGERS 09/10 LGMA Membership -1156.80EFT474 18/08/2009 M2 COMMANDER PTY LIMITED Commander Service Assurance -116.53


Vchr No Date Payee's Name Particulars Amount OtherEFT475 18/08/2009 MARK SMITH PTY LTD Plumbing Work Federation Toilet -6600.00EFT476 18/08/2009 MARKET CREATIONS Web Site Maintenace -504.00EFT477 18/08/2009 MITCHELL & BROWN 1.5hp Airconditionersx3 C/Park -1950.00EFT478 18/08/2009 MOUNT MAGNET FREIGHT & SERV Supply&Deliver 20' Sea Container -2750.00EFT479 18/08/2009 MT MAGNET MEAT SUPPLY BBQ Packs-C/Park, Sausages -102.00EFT480 18/08/2009 MT MAGNET WASTE DISPOSAL Town Rubbish, Airport Septics -9596.40EFT481 18/08/2009 MURCHISON CARPENTRY Lot 453 Jensen-Repairs & Paint

Exterior/Interior, Lt 343 Repairs & Replace Ceiling/Paint, Federation Park-Form/Pour Path

-21023.86

EFT482 18/08/2009 MURCHISON HARDWARE Hardware for the Month of June -152.85EFT483 18/08/2009 MURCHISON MAIL & FREIGHT Freight Account for June 2009 -725.10EFT484 18/08/2009 MURCHISON MECHANICAL SERVICES Major Service on Clarke Bob Cat -703.87EFT485 18/08/2009 ORICA AUSTRALIA PTY LTD Service Fee - Chlorine Cylinder -37.62EFT486 18/08/2009 PETER SMITH Rangers Duties July 09 -1650.00EFT487 18/08/2009 RAECO Library Book Covering Supplies -272.32EFT488 18/08/2009 RELIANCE PETROLEUM Fuel Account for July 2009 -1095.10EFT489 18/08/2009 SMITHDRILL Boring of new Town/Oval Bore -26939.00EFT490 18/08/2009 STATE LIBRARY OF WA Books-Better Beginnings Program -93.50EFT491 18/08/2009 SUNNY SIGN COMPANY Pty Ltd Street Signs Presbyterian Church -126.50EFT492 18/08/2009 THE LUSCOMBE SYNDICATE Cleaning Products and Supplies -1454.72EFT493 18/08/2009 TOLL IPEC PTY LTD Freight Account for July 2009 -196.34EFT494 18/08/2009 TRU-LINE EXCAVATIONS/PLUMBING Telstra Line to New Terminal -5687.00EFT495 18/08/2009 VIDGUARD SECURITY SYSTEMS Monitoring Service Fee -132.00EFT496 18/08/2009 VJ & MA ELLIOT Cleaning-Lots 453, 343 and 413 -2530.00EFT497 18/08/2009 WESFARMERS KLEENHEAT GAS Gas-Lots 413/460/452 & C/Park -1786.50EFT498 18/08/2009 WESTNET PTY LTD Admin Internet Account -284.69EFT499 18/08/2009 WINCHESTER INDUSTRIES Road Train Cracker Dust C/Park -3058.00EFT500 18/08/2009 WINGZONE PTY LTD IGA Account for July 2009 -489.69EFT501 18/08/2009 MT MAGNET HOTEL Overpayment of Invoice 3012 -440.00EFT502 18/08/2009 NEXUS WA PTY LTD Freight for Steel Strapping -29.64EFT503 18/08/2009 PETER DAWSON Painting Anzac Hall/Family Unit, Pens

Units Repair & Paint Wall-1440.00

12843 18/08/2009 AUSTRALIA POST Postage Charges for July 2009 -263.4412844 18/08/2009 AUST COMM & MEDIA AUTHORITY Apparatus Licence Fees - SBS69 -72.0012845 18/08/2009 CASH Petty Cash Reimbursement -351.5012846 18/08/2009 COLONIAL FIRST STATE Superannuation Contributions -271.9012847 18/08/2009 DEP PLANNING INFRASTRUCTURE Special Series Plate 110 MA -140.0012848 18/08/2009 DEPT OF REGIONAL DEV & LANDS Resid'tial Lease Lts 452/453&460 -870.0012849 18/08/2009 HORIZON POWER Electricity Account -20.5112850 18/08/2009 MURCHISON COUNTRY ZONE WALGA Member Subscription -2100.0012851 18/08/2009 PIVOTEL SATELLITE PTY LIMITED Satellite Phone Account -176.1012852 18/08/2009 REST SUPERANNUATION Superannuation Contributions -53.7112853 18/08/2009 SHIRE OF MOUNT MAGNET Payroll Deductions -100.0012854 18/08/2009 TELSTRA Telephone Accounts Various -2139.1812855 18/08/2009 WA LOCAL GOVT ASSOCIATION 09-10 Member Subscription -10646.9012856 18/08/2009 WA LOCAL GOVT SUPER PLAN Superannuation Contributions -8257.5512857 18/08/2009 WATER CORPORATION Annual Service Charges -925.2012858 18/08/2009 WEST SCHEME Superannuation Contributions -826.35The accounts referred to in the above statement have been paid, totalling as under:-

Municipal Fund …. …. …. …. …. …. …. …. -294023.79 0.00Trust Fund Accounts …. …. …. …. …. …. …. …. 0.00 0.00Loan Capital Accounts …. …. …. …. …. …. …. …. 0.00 0.00Trading Fund Accounts …. …. …. …. …. …. …. …. 0.00 0.00Other Fund Accounts …. …. …. …. …. …. …. …. 0.00 0.00

Total …. …. …. …. -294023.79 -$

……………………...……………..…...…..………..……….….CHAIR28th August 2009

9.1.2 Monthly Financial Report Period Ended July 31, 2009


File: MCS Officer: Adrian Byrne Manager Corporate Services Amended By: Nil Disclosure of Interest: None applicable Date as at: 21 August 2009 Summary: The Monthly Financial Report for July 09 does not contain budgeted figures as the 2009/10

budget has yet to be adopted (scheduled 14August 2009). The August report will list all the

budgeted items and any variances. The August report will also adopt any late changes to

budget. There are no significant variances to report for the period ending July 2009

Background: Financial Activity Statement Report – s.6.4

(1) A local government is to prepare each month a statement of financial activity reporting

on the sources and applications of funds, as out in the annual budget under regulation

22(1)(d), for that month in the following detail –

(a) Annual budget estimates, taking into account any expenditure incurred for

an additional purpose under section 6.8(1)(b) or(c);

(b) Budget estimates to the end of the month to which the statement relates;

(c) Actual amounts of expenditure, revenue and income to the end of the month

to which the statement relates;

(d) Material variances between the comparable amounts referred to in paragraphs (b) and (c);

and

(e) The net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing-

(a) an explanation of the composition of the net current assets of the month to

which the statement relates, less committed assets and restricted assets;

(b) An explanation of each of the material variances referred to in sub-regulation

(1)(d); and

(c) Such other supporting information as is considered relevant by the local government.

(3) The information in a statement of financial activity may be shown –

(a) According to nature and type classification,

(b) By program; or

(c) By business unit.

(4) A statement of financial activity, and the accompanying documents referred to

in sub-regulation (2), are to be –

(a) presented to the council –

(i) at the next ordinary meeting of the council following the end of the month to


which the statement relates; or

(ii) if the statement is not prepared in time to present it to the meeting referred

to in subparagraph (i), to the next ordinary meeting of the council after that meeting;

And

(b) Recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in

accordance with AAS 5, to be used in statements of financial activity for reporting material

variances.

(6) In this regulation –} committed assets~ means revenue unspent but set aside under the

annual budget for a specific purpose; } restricted assets~ have the same meaning as in AAS

27.[Regulation 34 inserted in Gazette 31 Mar 2005 p. 1049-50.]

[35. Repealed in Gazette 31 Mar 2005 p. 1050.]

Comment:

A monthly financial report is to be presented to Council at the next ordinary meeting

following the end of the reporting period.

• Financial Activities Statement • Significant Accounting Policies • Statement of Objective • Reserves • Net Current Assets • Borrowings • Rates Report • Plant and Vehicles – Purchases and Trade-Ins/Sales • Detailed Activity – by Account • Capital Expenditures – by Account

Consultation: Nil Statutory Environment: Local Government Act 1995 Section 6.4 Financial Report Financial Management Regulations 34 & 35 Policy Implications: Nil Financial Implications: Nil Strategic Implications: Nil Voting Requirements: Simple Majority



Moved: Cr Jones Seconded: Cr Scott That the financial report for the period ending July, 2009 be received. Resolution 2009-08-03 CARRIED 7/0


9.2 MANAGEMENT AND POLICY


Moved: Cr Lucy Seconded: Cr Scott That Standing Orders be suspended so the following item can be discussed. Resolution 2009-08-04 CARRIED 7/0 9.2.1 Committees of Council

File: CO-CMAS Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 14th August 2009

Application To consider Committees of Council to assist in the proficient operation of Council. Background Council has requested that an item be considered by Council for the forming of Committees to enable quicker and easier Council response to matters that arise. Comment Under Section 5.8 of the Local Government Act 1995, Council can form Committees of 3 or more to assist Council in performing its functions. Current committees of Council are:

Audit Committee Tourism Advisory Committee

The suggested Committees are: Adit/Finance Committee (currently the Audit Committee)

Works, Parks and Gardens Committee Building and Infrastructure Committee (this may also include Health)

Attached is a copy of the relevant sections of the Local Government Act 1995 for the forming of Committees. Consultation Nil Statutory Environment See attached extract from Local government Act 1995. Policy Implications Nil Financial Implications Nil


Strategic Implications Nil Voting Requirements Absolute Majority


Moved: Cr Scott Seconded: Cr Williams That the following Committees of Council be formed with the members listed:

Audit Committee Cr A Dowden Cr W McGorman Cr G Scott

Work, Parks and Gardens Committee

Cr Lucy Cr O’Brien Cr W McGorman Cr Brand

Health, Building and Infrastructure Committee

Cr O’Brien Cr Williams Cr Jones

Resolution 2009-08-05 CARRIED BY ABSOLUTE MAJORITY 7/0


Moved: Cr O’Brien Seconded: Cr Jones That Standing Orders are recommenced. Resolution 2009-08-06 CARRIED 7/0


Subdivision 2 — Committees and their meetings 5.8. Establishment of committees

A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

* Absolute majority required. 5.9. Types of committees

(1) In this section — “other person” means a person who is not a council member or an employee.

(2) A committee is to comprise — (a) council members only; (b) council members and employees; (c) council members, employees and other persons; (d) council members and other persons; (e) employees and other persons; or (f) other persons only. 5.10. Appointment of committee members

(1) A committee is to have as its members — (a) persons appointed* by the local government to be members of the committee

(other than those referred to in paragraph (b)); and (b) persons who are appointed to be members of the committee under subsection (4) or

(5). * Absolute majority required.

(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.

(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.

(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish —

(a) to be a member of the committee; or (b) that a representative of the CEO be a member of the committee,

the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.

5.11. Tenure of committee membership


(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be;

(b) the person resigns from membership of the committee; (c) the committee is disbanded; or (d) the next ordinary elections day,

whichever happens first.

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the term of the person’s appointment as a committee member expires; (b) the local government removes the person from the office of committee member or

the office of committee member otherwise becomes vacant; (c) the committee is disbanded; or (d) the next ordinary elections day,

whichever happens first. 5.12. Election of presiding members and deputies

(1) The members of a committee are to elect a presiding member from amongst themselves in accordance with Schedule 2.3, Division 1 as if the references in that Schedule —

(a) to “office” were references to “office of presiding member”; (b) to “council” were references to “committee”; and (c) to “councillors” were references to “committee members”.

(2) The members of a committee may elect a deputy presiding member from amongst themselves but any such election is to be in accordance with Schedule 2.3, Division 2 as if the references in that Schedule —

(a) to “office” were references to “office of deputy presiding member”; (b) to “council” were references to “committee”; (c) to “councillors” were references to “committee members”; and (d) to “mayor or president” were references to “presiding member”. 5.13. Functions of deputy presiding members

If, in relation to the presiding member of a committee — (a) the office of presiding member is vacant; or (b) the presiding member is not available or is unable or unwilling to perform the

functions of presiding member,

then the deputy presiding member, if any, may perform the functions of presiding member. 5.14. Who acts if no presiding member If, in relation to the presiding member of a committee — (a) the office of presiding member and the office of deputy presiding member are

vacant; or (b) the presiding member and the deputy presiding member, if any, are not available or

are unable or unwilling to perform the functions of presiding member,

then the committee members present at the meeting are to choose one of themselves to preside at the meeting.

5.15. Reduction of quorum for committees


The local government may reduce* the number of offices of committee member required for a quorum at a committee meeting specified by the local government if there would not otherwise be a quorum for the meeting.

* Absolute majority required. 5.16. Delegation of some powers and duties to certain committees (1) Under and subject to section 5.17, a local government may delegate* to a committee any

of its powers and duties other than this power of delegation. * Absolute majority required.

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

(3) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984 — (a) a delegation made under this section has effect for the period of time specified in

the delegation or if no period has been specified, indefinitely; and (b) any decision to amend or revoke a delegation under this section is to be by an

absolute majority.

(4) Nothing in this section is to be read as preventing a local government from performing any of its functions by acting through another person.

5.17. Limits on delegation of powers and duties to certain committees

(1) A local government can delegate — (a) to a committee comprising council members only, any of the council’s powers or

duties under this Act except — (i) any power or duty that requires a decision of an absolute majority or a 75%

majority of the local government; and (ii) any other power or duty that is prescribed; (b) to a committee comprising council members and employees, any of the local

government’s powers or duties that can be delegated to the CEO under Division 4; and

(c) to a committee referred to in section 5.9(2)(c), (d) or (e), any of the local government’s powers or duties that are necessary or convenient for the proper management of —

(i) the local government’s property; or (ii) an event in which the local government is involved.

(2) A local government cannot delegate any of its powers or duties to a committee referred to in section 5.9(2)(f).

[Section 5.17 amended by No. 49 of 2004 s. 16(2).] 5.18. Register of delegations to committees

A local government is to keep a register of the delegations made under this Division and review the delegations at least once every financial year.


9.2.2 Request for Donation

File: CO-CMAS Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 10th August 2009

Application To consider a request for the donation of the Community Bus from the Mount Magnet District High School. Background Council has received a request from the Mount Magnet District High School for the use of the Community Bus for the Country Week Basketball Team. Comment Council previously donated the Community Bus for the 2008 Country Week Basketball Team. The Bus will be required form the 20th September to the 25th September. The Sports and Recreation Officer Brad Smith will also be attending the Country Week Basketball as he was involved last year and has been working closely with the students. If the bus was hired to the school, the Shire would receive a little over $1,000 for the hire over the 6 day period. If Council does sponsor the team with the donations of the bus, the students will have less fund raising to do for the trip. The donation of the bus does fit in with Councils Policy on donation and will also promote a healthy venture for the students. Consultation Nil Statutory Environment Nil Policy Implications

12.1

DONATIONS COUNCIL SHALL SUPPORT:

(a) local organisations Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority



Moved: Cr Lucy Seconded: Cr O’Brien That Council donate the use of the Community Bus to the Mount Magnet District High School for the purpose of the Country Week Basketball team from 20th September to 25th September. Resolution 2009-08-07 CARRIED 7/0


9.2.3 State Government Checklist Assessment

File: CR-AMALG Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 17th August 2009

Application To consider the report on the State Government Checklist return. Background Earlier this year the State Government requested that Councils complete a checklist to assess the ability of Councils to keep providing a service into the future. The assessment of the checklists marked Councils into 3 categories which were:

1 evidence indicates that there is existing organisational and financial capacity to meet current and future community needs. Local governments should still consider reform opportunities which enhance service provision to local and regional communities

2 structural reform including amalgamation/boundary adjustments and

3 significant structural reform including amalgamation

formalisation of regional groupings should be considered to enhance organisational and financial capacity to meet current and future community needs

and

formalisation of regional groupings is required to ensure long term community and organisational benefit in order that the needs of the current and future generations are met.

The Shire of Mount Magnet scored a 3 on this assessment. Comment The checklist seemed to be deliberately targeted at smaller Councils in an effort to ‘prove’ that they are not able to provide for their population into the future. Several of the requirements were items or plans that are not required under the Local Government Act 1995 and therefore are not done by most smaller Councils as other duties are prioritised. When it is considered that only about 30 Councils were in the category 1 class, it could be considered that the assessment was a little one sided. A map showing the scoring across WA as provided to Councils by Ron Back (this will be provided separately to the Agenda). The accuracy of this chart can not be guaranteed as it is only taken from comments from Councils. If we examine this chart though, it shows that most regional councils are in a category 3. Several of the items requested for the checklist are tools to enable better governance for the Shire and should be considered. Consultation Ron Back Statutory Environment Nil


Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority

OFFICER RECOMMENDATION

Moved: Cr McGorman Seconded: Cr Jones That the information report be noted.

AMENDMENT TO THE MOTION

Moved: Cr McGorman Seconded: Cr Scott This council request that the Manager of Corporate Services investigate the possibility of increasing our rating from a 3 to a 2 or higher. CARRIED 7/0

The substantive became the motion and the motion was put: Council considered the item and wanted to look at the possibility of increasing our rating

COUNCIL RESOLUTION That the information report be noted; and This council request that the Manager of Corporate Services investigate the possibility of increasing our rating from a 3 to a 2 or higher. Resolution 2009-08-08 CARRIED 7/0


9.2.4 Workplace Bullying Policy

File: PO-STAFF Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 17th August 2009

Application To consider a new policy with regards to Workplace Bullying. Background In order to ensure that bullying does not take place in the workplace creating an Occupational Health and Safety hazard a policy needs to be in place to advise staff and Councillors of what is not acceptable and procedures in the event of a bullying problem. Comment In order to minimise Councils exposure from any liability for stress claims relating to Workplace Bullying, Council is required to have a policy and procedures in place to ensure that: 1. Staff are aware that it is not allowed in the workplace; 2. What is defined as workplace bullying; 3. Staff that are victims know who they can approach with regards to bullying claims; and 4. Council has clear instructions for the handling of claims of bullying. Workplace Bullying has been drafted in order to address these items and provide clear instructions for the Executive staff in handling of bullying claims. This policy will be forwarded to all staff and additional training provided as part of our insurance service should be considered to ensure that the workplace is free from bullying. Consultation Local Government Insurance Services. Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications To limit Councils exposure to stress claims relating to workplace bullying. Voting Requirements Simple Majority



Moved: Cr Lucy Seconded: Cr Jones That the Policy on Workplace Bullying be adopted by Council and training by Local Government Insurance Services be considered as early as practical. Resolution 2009-08-09 CARRIED 7/0


SECTION 2 – ADMINISTRATION AND HUMAN RESOURCES POLICY

Policy No 2.47 - Workplace Bullying

Policy Statement That the CEO include in a Procedures Manual readily accessible to employees the Complaints and Grievance Procedure to be followed where allegations of workplace bullying arise. Purpose To provide an environment within the Shire of Mount Magnet free of bullying and harassment and to establish a clearly defined procedure for investigating complaints of bullying and harassment. Application Bullying and harassment can be defined as repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at any level in the organisation. Inappropriate behaviour means behaviour that a reasonable person, having regard to all circumstances, would expect to harm, intimidate, offend, degrade, bully or humiliate another person in front of others, or alone. This inappropriate behaviour may come from another employee, or member of the general public. The following examples may constitute bullying:

• Abusive, insulting or offensive language by one or more persons to another or others

• Behaviour or language that frightens, humiliates, belittles, degrades, criticism that is verbally aggressive

• Inappropriate comments about a person’s appearance, lifestyle or their family

• Teasing or regularly making someone the brunt of pranks or practical jokes • Interfering with a person’s personal effects or work equipment • Physical assaults or threats • Behaviour that undermines, treats less favourably or disempowers others • Excluding or isolating employees • Constant criticisms or insults • Manipulating the impression of others to split the work group into taking sides • Displaying, written or pictorial material which may degrade or offend certain

employees • Initiation pranks • Where bullying involves assault or threat of assault it becomes a police

matter.


All employees are encouraged to report workplace bullying. Where bullying is believed to be present, the matter should be immediately reported to the Chief Executive Officer, Corporate Services Manager or Works Supervisor. Any complaints of bullying made against another person associated with the organisation will be viewed seriously, treated confidentially and thoroughly investigated by appropriately trained persons following the recommended guidelines and procedures. Any person making a claim for bullying and harassment will be protected at all times to ensure that further victimisation does not occur. No transferring of staff or face-to-face meetings between the complainant and the person whose behaviour has been found to be unwelcome will occur without the prior consent of both parties. The alleged harasser will be treated with due regard with equal consideration to confidentiality, privacy and support until the matter is resolved as per natural justice principles. An employee whose health or work performance has been affected by bullying will not have his/her employment status or conditions disadvantaged in any way. All incidents and outcomes will be reported to the Chief Executive Officer. Action will be taken against anyone who is found to have bullied an employee. Discipline may involve a warning, counselling, demotion or dismissal depending on the circumstances. Complaints Handling and Grievance Procedure All complaints of bullying and harassment will be treated confidentially and resolved promptly. The issue of confidentiality is a vital one because of legal implications. All personnel involved in the investigation and resolution of a bullying and harassment complaint are under obligation to maintain absolute confidentiality for the following reasons:

• The complainant has a right for his/her complaint to remain strictly confidential. • The possibility of defamation suits against staff who discuss a complaint indiscriminately. • Prevention of victimisation of the parties involved.

Prompt successful resolution relies on a minimum number of people being involved in discussion and management of a complaint. Staff may tend to take sides resulting in an escalation of the complaint. The respondent has a right as a requirement of natural justice, to expect allegations to be kept confidential. Wherever possible, the handling of complaints and resolution of such will be at the workplace where they occurred. Care will be taken throughout the investigation to ensure that neither the complainant nor the alleged harasser are victimised in order to uphold principles of natural justice. It is recognised that cases of bullying may occur between supervisor and employee and as such, alternative methods of raising complaints are provided for by this procedure. A complaint of bullying may be lodged with any of the following persons:

• Chief Executive Officer • Corporate Services Manager


• Works Supervisor A person receiving a complaint of bullying harassment will:

• Decide, in consultation with the complainant, whether the matter can be resolved at this level or whether it should be referred to a more senior level of management.

• Assure the complainant that all details of the complaint will be treated confidentially and allow the person to decide on procedure.

• Ensure no information regarding the complaint is discussed outside this procedure.

• In a case where a union shop steward received the complaint, the divisional director and/or grievance officer is to be advised of the details of the complaint. The same care and confidentiality should be exercised by the union steward.

• Any investigation to be carried out as part of the resolution of an allegation or complaint will only be carried out by the Chief Executive Officer and the Corporate Services Manager.

If it is not possible to resolve the complaint simply by discussion with the complainant and the alleged bully: • The matter will be investigated and where the complainant or alleged bully is

a member of a union, the union may be party to the investigation. • All documentation relating to the complaint will remain confidential and will

not be produced or made available for inspection, except on the order of a Court of law or a request from the Commissioner of Equal Opportunity.

During the period of the investigation of a case of serious claim: • If requested by either party or by management, alternative working

arrangements may be made. If, following investigation and resolution, a complaint is judged to have foundation:

• Appropriate remedial action will be taken including where appropriate disciplinary/counselling action relevant to the circumstances and/or seriousness of the matter.

A record of the detail of the disciplinary action will remain on the employee's personal file for a period of 12 months, whereupon the record will be destroyed unless otherwise decided by the Chief Executive Officer. Reference Documents

• Occupational Safety and Health Act 1984, revised 2005 • Occupational Safety and Health Regulations 1996, revised 2005 • Guidance Notes: Dealing with Workplace Bullying – A Guide for Employers.

WorkSafe WA Commission (2003).


9.2.5 Issue of Low Impact Licence

File: P-PSTL Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 18th August 2009

Application To consider the issue of a Low Impact Licence under Section 91 of the Land Administration Act (1997). Background Council has received a request from the Department of Regional Development and Lands to consider a comments for a Low Impact Licence to harvest goats on some unclaimed crown land in the shire. Comment The area for the licence is shown on the attached maps. The land in this area is generally used for pastoralist activities and therefore should not cause any problems therefore I can not foresee any reasons to object to this licence or any conditions for Council to impose. Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority


Moved: Cr Scott Seconded: Cr Jones That the CEO advises the Department for Regional Development and Lands that the Shire has no objections to the issue of the Low Impact Licence.


AMENDMENT TO THE MOTION

Moved: Cr Scott Seconded: Cr Williams

That the words “has no objections” be removed and replaced with “objects” CARRIED 7/0 The substantive became the motion and the motion was put: Council considered the item and resolved to reject the licence as the land has no access and very few goats.

COUNCIL RESOLUTION That the CEO advises the Department for Regional Development and Lands that the Shire objects to the issue of the Low Impact Licence. Resolution 2009-08-10 CARRIED 7/0


9.2.6 Request for Support to Lease Property

File: P-TWN Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 18th August 2009

Application To consider a letter of support for a resident to lease a property in Mount Magnet Background Council has received a request from Eliz Morris asking for support for an application to lease Lot 109 Criddle Street, which is currently a vacant block. Comment This block is currently vacant, but has been the location of several incidences of disorderly behaviour. If the lease for this property goes ahead, it will be fenced which may prevent further incidences. The resident has indicated that the property will be fenced and used for growing vegetables and trees. The use of the property does not appear to be something that would cause any grievances by the surrounding populace. Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority


Moved: Cr Jones Seconded: Cr Williams That the CEO writes a letter of support for the proposed lease of Lot 109 Criddle Street. Resolution 2009-08-11 CARRIED 7/0


9.2.7 Expressions of Interest – Road Maintenance and Construction

File: EN-RURM Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 20th August 2009

Application To consider action on the Expressions of Interest received for Rural Road Maintenance and Construction. Background Council called for Expressions of Interest for Rural Road Maintenance and Construction in July this year. Eight responses were received along with the Shire of Mount Magnet comparison expression. Comment Some of the details in the Expressions have had significant differences which will need to be researched further. Also, due to the resignation of the Works Manager, it may be advantageous for Council to defer this item to the Works, Parks and Gardens Committee when the new Works Manager starts to allow for his input into the process. Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority



Moved: Cr O’Brien Seconded: Cr Jones That

1. the Expressions of Interest assessment be deferred till the start of the new Works Manager and be assessed through the Works, Parks and Gardens Committee; and that

2. the CEO advises the respondents accordingly. Resolution 2009-08-12 CARRIED 7/0


9.2.8 Tender For Rubbish Services

File: EN-RURM Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 20th August 2009

Application To consider the Tenders for Rubbish Services. Background Council called for Tenders for the Provision of Rubbish Services to the Shires of Cue, Mount Magnet and Yalgoo in July this year. Four responses were received, however one was specifically for Yalgoo and one was specifically for Cue. Two tenders were received for the Shire of Mount Magnet rubbish services, these were from the Shire and also from Mt Magnet Waste Disposal. Comment When considering the service that is to be provided several concerns were raised by the Environmental Health Officer with regards to future development in waste management. A copy of the report from the EHO is attached to this report. In considering the cost of an in house rubbish service, several items need to be considered. These other items may impinge on the Shires ability to carry out the service. These are:

• The Rubbish Service is only for a couple of days a week. Therefore the staff are usually only casual with limited hours. This makes it difficult to attract and retain staff.

• Council does not have a recycle facility set up, therefore it would require extensive capital works to provide this facility.

• Currently the market for recyclable material is not particularly viable and likely to be a cost to the ratepayers.

• To stop the recycling service may be seen as a step backwards in terms of waste management

• Council currently does not have the infrastructure to provide a Rubbish Service.

Shire Mt Magnet Waste Pricing (50% weighting)

Refuse Collections $116,000 $78,000 Recycling Services $197,000 $83,980 Annual Costing $313,000 $161,980 NOTE: Mt Magnet Waste have indicated that they can reduce some costs by stockpiling glass at the rubbish tip for future recycling. Further savings can be made with plastic recycling but not the best environmental solution. This costing represents a significant increase to the current charges.


Relevant Experience (15% weighting)

No Experience Currently Providing Service.

No current staff Staff skilled as Key Personnel & Skills (15% weighting)

Already providing Service

Resources to be sought Resources on hand Tenderers Resources (15% weighting)

Good understanding of Good understanding Demonstrated Understanding of requirement (5% weighting)

Requirements but may as current provider of Not know finer details service.

For the Shire to set-up the facility to collect Rubbish it will require considerable capital works including the purchase of a vehicle and establishment of a recycling depot. This makes it very expensive as an exercise to start from scratch.

Conclusion

Being that the service is currently provided by Mount Magnet Waste and the changes in legislation considering the handling of rubbish and landfill, it would seem to be the prudent option to remain with the current contractor. Consultation Bill Atyeo (EHO) Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority


Moved: Cr O’Brien Seconded: Cr Scott That the Tender be awarded to Mount Magnet Waste with the CEO and EHO to negotiate alternatives to reduce the cost of the services.

Resolution 2009-08-13 LOST 0/7

Original Motion was put and lost


The foreshadowed motion became the substantive and the motion was put:

FORESHADOWED MOTION Council considered the item and was concerned with the increase in costs and wanted to see if savings could be made.

COUNCIL RESOLUTION Moved: Cr McGorman Seconded: Cr Williams The above item to be deferred until Council costing and Mount Magnet Waste alternatives are investigated further. Also to extend the current contract of Mount Magnet Waste to facilitate this investigation.

Resolution 2009-08-14 CARRIED 7/0


Comments to Meeting : 28th August 2009

RE: Waste Management

Members would be aware that the State Government is moving towards Zero Waste 2020, which has a heavy commitment to the recovery of resources away from landfill operations. The Waste and Resource Recovery Act (WARR Act) is now law, and this has many implications on Shires in regard to waste management. We are currently a member of the YALGOO group of Councils which is formulating a Strategic Waste Management Plan (SWMP) with funding from the State. The whole direction of the State is towards limiting the amount of material being disposed off at landfill sites throughout the State, and recovering as much of the reusable resources for recycling as is possible. Currently, non-metro Shires do not pay what is called a waste levy on every M3 of waste disposed of to landfill. Metro Councils do, and it is obvious that the State will use the possible imposition of such a levy on us as an incentive for all Shires to reduce the amount of rubbish disposed of at landfill sites, and will in time charge non-metro Councils this levy. Currently the levy is between $12 and $28 per M3, and would be a huge impost on non-metro Shires if it was levied on us. Therefore, whether or not we agree that recycling does not work, it is imperative that we plan and work towards recovering as much material as we can before it goes to landfill. In the future we will also need to know just how much material is being disposed of at our tip which will require some acceptable form of weighing or measuring this. Mount Magnet is far ahead of any of the other Shires within this region, as it already has a privately established recycling facility which is working towards this. Any changes could see the demise of this, and the need then for the Shire to establish such a facility at huge costs in the very near future. Three years ago I estimated the establishment costs to be approx $500,000, but this would far exceed that figure now, and could be closer to $850,000. Waste management will therefore become a very regimented and controlled area, and most of it will be the responsibility of the Shire as we strive to comply with the legislative controls placed on us. Currently the YALGOO Group is applying for funding from the State Government (monies to come from the waste levy money paid by the metro Councils) for a complete waste audit of each of the member Councils (Mount Magnet, Meekatharra, Wiluna, Cue, Yalgoo, Sandstone, and Wiluna). Once this has been carried out, each Shire will know what waste we have, how much of each category we have, how much we could recover, the cost and strategies to recover particular wastes, and what infrastructure we might require. This will happen over the next two years, and we have been told by the State that we will move towards this otherwise we will pay through the application of the waste levy on all landfills. It is therefore important that the Shire be “on the front foot” on this matter, and structure and plan ahead. It is no longer good enough to say that we will buy a cheap second hand truck, throw a man on it two or three times a week, and just put it all in the tip. Yes you can say this, but it will cost your ratepayers, and I would not recommend the Shire take such action. Also, if


we were to do this, then the local established recycling business may not survive, and we would loose what is already established. We should perhaps be looking to build and grow this local facility, because in the long run it could be more cost effective to retain it rather that see it vanish. If we were to place all the rubbish generated within the Shire in our landfill site, there would also be costs involved in regard to increased disposal area being used, reduced tip life, and management of the facility. Regards

W.V. Atyeo Principal EHO Building Surveyor SHIRE OF MOUNT MAGNET Date: 13th August 2009


9.3 HEALTH 9.3.1 Strategic Waste Management Plan 2009 - 2013

File: CO-TOUR Officer: W.V. Atyeo – EHO D. N. Burton – Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 24th August 2009

Application To consider the final draft of the Strategic Waste Management Plan 2009-2013 Background The Yalgoo Group Formed in order to maximise the receipt of funding from the Department of Environment and Conservation (DEC), and to compile a waste Management Plan for the Region in which the six member Shires are situated. This funding was used to engage Dallywater Consulting to prepare what we now call the Strategic Waste Management Plan (SWMP), and we are to understand that there will be surplus after this (figure not supplied). The SWMP has been given to all the Shires, and it takes a lot of time to go through this 129 page document, and we are required to sign off on it by the end of April 09. The main parts that are of interest to the Shires are the Executive Summary, and Table 32 which maps out the Recommendations and Action Plan of the SWMP. This SWMP has been developed in alignment with the WA Waste Authority’s “Zero Waste Plan Development Scheme. The purpose of the Plan is to provide strategies and actions to guide the Local Governments and communities of the Yalgoo Group region to improve waste management practices consistent with the State’s vision of “Towards Zero Waste 20/20” in order to protect human health and the environment. At a workshop of the members of the Group in August 2008 there were three priority projects identified for immediate action should funding become available:

1. Audits of all the landfill sites within the region which would inform each Shire what waste types, how much of each, and how much could be recovered from disposal at the landfills, as a minimum.

2. The rationalisation of landfill sites and collection services 3. Investigations into Best Practice management of the SWMP.

All the Local Governments are required to formally adopt the SWMP document at their respective April Ordinary Council Meetings. It is important for Council to know that:

• The document is a Working Draft only, and is sufficiently complete for the DEC’s review purposes, but cannot represent future (final and revised) versions of the document, which may include various amendments once the full consultation process is undertaken and the Group decides whether it agrees with the actions there-in and confirms or alters the priorities (i.e. year of action) in the Action Plan.

• That shortly the consultation process will be undertaken via a workshop on the Action Plan (Table 32 in the SWMP) to confirm or alter the dates of the various actions through a “scoring system” the DEC has already devised.


• The workshop and subsequent community consultation on the final version of the SWMP will be undertaken concurrently with the development of a working document, called a Waste Management and Minimisation Plan.

And so we have: The SWMP which contains an Action Plan from which the Local Governments may choose specific actions to carry out during the ensuring 12 months, and this forms an Annual Waste Management and Minimisation Plan (WMMP). The annual WMMP will then be presented to the CEOs and full Councils for ratification, adoption, and required funding. The draft plan was put to Council in April 2009 for consideration and any alterations noted Comment The report is lengthy, however there have not been many changes in the wording from the draft document. The main changes are in Table 32 on Page 68 where most of the actions were changed from them being recommended to the actions being done “if considered appropriate” or “if deemed required”. This will allow individual Councils to self determine what actions are required rather than being lumbered with actions that may be considered pointless. Also worthy of noting is the final paragraph in Item 7.4 which states:

IT SHOULD BE NOTED that adoption of this document by the participating LGs does not reflect in any way approval of the likely expenditure indicated against the various actions. The adoption and/or implementation of any action under this Plan (i.e. regional or LG specific) would be required to be presented to each individual LG’s Council for consideration of any required expenditure, to allow for LG specific decisions to be made on any matters impacting on their annual budgets and expenditure.

The changes to the document allow for Council to receive further funding of the project so that items and goals can be achieved. Council is under no financial obligations without the action being approved by Council first. A copy of the Strategic Waste Management Plan has been sent out with the Agenda. Consultation Bill Atyeo (EHO) Mr Gordon Houston – Consultant for Dallywater Consulting Pty Ltd HBTP Committee – Trenfield, Burrows, and Burgemeister. Mr Roy McClymont – Chief Executive Officer - Meekatharra Mr Cameron Watson – Corporate and Development Services Manager – Meekatharra Mr Bill Atkins – Chief Executive Officer – Sandstone Ms Samantha Tarling – Chief Executive Officer – Wiluna Statutory Environment Waste Avoidance and Recovery Act 2007 – Section 25 – Waste Authority to prepare draft waste strategy. Policy Implications Nil Financial Implications


Nil Strategic Implications Nil Voting Requirements Simple Majority


Moved: Cr O’Brien Seconded: Cr Williams That the Draft Strategic Waste Management Plan be advertised for public comment before being considered for adoption.

Resolution 2009-08-15 CARRIED 7/0


9.4 WORKS Nil


TOURISM 9.5.1 Tourism Information Centre

File: CO-TOUR Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 14th August 2009

Application To receive a report on the Tourist Information Centre Background Earlier this year, the operating of the Tourist Information Centre was transferred from the Tourist Information Centre Inc to the Shire of Mount Magnet via a Memorandum of Understanding for the next 5 years. Information relating to the operations of the Centre will be reported to the Tourism Advisory Committee. Comment The attached report of the Tourist Information Centre has been prepared by Bob and Monica who are staffing the Centre. Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority


Moved: Cr Scott Seconded: Cr Lucy That the information report on the Tourist Information Centre be received. Resolution 2009-08-16 CARRIED 7/0


Mount Magnet Tourist Information Centre Report 14 August 2009 30th July 2009 to 13th August 2009 319 Visitors Average of 29 visitors per day. Merchandise sales from 30th July to 11th August 2009 $308.00 Bob and I have seen an increase in visitors at the centre in the last week. Many comments have been made regarding the disappointment of not being able to access the centre in the past months. We feel this is not going to be of concern, as we are already receiving positive comments from new visitors who have come to the Mount Magnet Information Centre. The Centre has been highly recommended by fellow Travellers. We are also expecting a further increase in visitors due to the tourist season being in full swing. Many Mount Magnet pamphlets have been sent to other visitor Centre’s. Feed back from these centre’s indicate that they have been out of these pamphlets for some time. We see this as the first step to “broader” promotion and a new awareness to the Mount Magnet tourism industry. Merchandise sales have increased now the centre has been fully displayed. We are in the process of ordering more products with the idea of developing merchandise that is uniquely Mount Magnet. Set up of the Centre is progressing to completion although the display area will alter due to cultural events etc. The current “themed” display of a bush camp and rabbit proof fence are in line with FACET Regional Tourism Conference and the viewing of the 3 Acts of Murder. Monica Watson Tourist Information Centre Officer Visitor Comments: Appreciation expressed to the centre for “organising” tours of the Museum. A great deal of interest shown in the prospecting areas of Mount Magnet and surrounds. (Would be worth considering ways of developing this market). Economical camping facilities for families and those travellers that wish to keep to a more “natural” experience, is not available in or around Mount Magnet. Federation Park Tourist Information on the board has been changed as the old ones were faded. The Perspex on either side will also be replaced as cleaning was not successful. The CEO has authorised to install new Perspex. We will be submitting a new design layout to the CEO for the Tourist Information board. This will include an extra sign on top (above the board). The board needs “cleaning up” as it is very basic. It will also include accommodation, service providers etc. Federation Park Blue Sign


I have suggested to the CEO that the sign should be relocated to the centre of the garden as it is now being blocked by the tree and its branches. A new sign adjacent to Federation Park is also required (located on the medium strip), stating Tourist Information Bay, Parking and Public Toilets. Larger Signage is required. Other signage for the Tourist information Centre is in hand especially an “A” frame sign for the medium strip. Designs of these signs will also be presented to the CEO for his decisions. Bob Ford Tourist Information Centre Officer


9.5.2 FACET Conference – Preparations

File: CO-TOUR Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 17th July 2009

Application To consider the preparations for the FACET Conference Background The FACET Conference will be happening in Mount Magnet in October this year from the 18th to the 21st. Comment The TAC has agreed to host the drinks for the Sunday start of the conference and also for the movie “3 Acts of Murder” to be shown to start the conference. For the showing of the movie, it has been suggested that the movie set be erected in the cinema area as part of the display. If any other items from around town are available, then this can also be added to the displays. The Conference will be happening at the same time as the Races and also Local Government Elections, so it will be a very busy time for all. At the request of the chairperson, we will also be conducting a site visit to ensure that all items can be considered to ensure that preparation is completed in a timely manner. Current items to be considered are:

Preparation for the Sunday welcome drinks Preparation of the movie set Ensuring the town is tidy for the conference Ensuring tourist trail is graded before conference for tours Preparation of tourist information for the conference Purchase of curtains for hall Golden Outback Meeting to be held in chambers 18th October Registrations for Conference to be in chambers 18th October

Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications


Nil Voting Requirements Simple Majority


Moved: Cr O’Brien Seconded: Cr Williams That a timesheet for preparation for the 2009 FACET Conference be drawn to ensure that all tasks are completed to showcase Mount Magnet. Resolution 2009-08-17 CARRIED 7/0


9.5.3 Expressions of Interest to Host Conference

File: CO-TOUR Officer: David Burton - Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 20th July 2009

Application To consider a submission for the Expressions of Interest for the Visitor Centre Association of WA Conference in 2010. Background Council has received a letter from the Visitor Centre Association of WA calling for Expressions of Interest in hosting the 2010 Annual Visitor Servicing Conference (usually held in October) Comment From the information received, the Conference is usually held in a larger Regional Centre, however, as we are able to have the FACET Conference here, there would appear to be no reason for Mount Magnet not to be able to host other conferences. The application needs to be completed by the 18th of September and the conditions of the application require extensive work but should be able to be completed before the submission date if Council is prepared to enter a submission. The conference is likely to bring in approximately 50 to 80 people to town. Being that this is less than that considered for the FACET Conference, Mount Magnet would be capable of supporting this conference. Council may wish to pursue other activities in favour of another tourism/visitor conference, however a submission would at least have Mount Magnet considered for a possible function in the future. Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority



Moved: Cr Lucy Seconded: Cr Jones That the CEO submits a letter of interest to host a future conference in Mount Magnet. Resolution 2009-08-18 CARRIED 7/0


10 CONFIDENTIAL BUSINESS

COUNCIL RESOLUTION

Moved: Cr McGorman Seconded: Cr Williams That the meeting be closed to the public to discuss the confidential items Resolution 2009-08-21 CARRIED 7/0

Mr Byrne left the meeting at 5.01pm for the item to be discussed.

COUNCIL RESOLUTION

Moved: Cr Scott Seconded: Cr McGorman That Standing Orders be suspended so the following item can be discussed. Resolution 2009-08-19 CARRIED 7/0

10.1 Performance Review – Corporate Services Manager

File: PE-STAP Officer: David Burton – Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 28th August 2009

CONFIDENTIAL ITEM

Application To consider a review of the Corporate Services Manager Position

In accordance with Section 5.23 of the Local Government Act 1995, the meeting is closed to members of the public for this item as the following subsection applies: (2) If a meeting is being held by a council or by a committee referred to in

subsection (1)(b), the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —

(a) a matter affecting an employee or employees;



Moved: Cr McGorman Seconded: Cr O’Brien That the position be reassessed after a maximum of a two month period of normal operating conditions Resolution 2009-08-20 CARRIED 7/0

COUNCIL RESOLUTION

Moved: Cr Scott Seconded: Cr McGorman That Standing Orders be resumed. Resolution 2009-08-21 CARRIED 7/0

COUNCIL RESOLUTION

Moved: Cr Scott Seconded: Cr McGorman That the meeting be re-opened to the public. Resolution 2009-08-22 CARRIED 7/0

Mr Byrne returned to the meeting at 5.12pm


11 NEW BUSINESS

11.1 Rates Incentive Prizes

File: FI-RATG Officer: Adrian Byrne – Corporate Services Manager Amended By: Nil Disclosure of Interest: Nil Date: 28th August 2009

Application The Council of the Shire of Mount Magnet adopt the following items as incentives to rate payers for the payment of rates in full on time by the 6 October for the 2009 2010 financial year. Background Council has requested Officers to look at the possibility of a rates incentive prize for the current rating season. Comment The budget adopted for the 2009/2010 year contains an amount of $500 to be used as an incentive for rate payers to pay their rates in full on time. This was suggested by council at the adoption of the budget on the 14 August 2009. Four prizes will be offered and the council will randomly select four rates assessments from the list of fully paid rates at the October meeting of council and issue a public notice to that effect notifying the four selected rates assessments of their prizes. In conjunction with the Chief Executive Officer the following items have been suggested as possible incentives: 1 @ 40cm High Definition LCD TV with built in DVD Player HDMI and HD Tuner. 1 @ Pentax 10MP 3x Optical Zoom Camera 2 @ $50 fuel Vouchers Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications The prizes are a budgeted item. Strategic Implications Incentives are a good tool to encourage the early payment of rates. As penalty interest is accrued daily, it only raises slowly and does not create a sense of urgency for the payment. Voting Requirements Simple Majority



Moved: Cr Scott Seconded: Cr O’Brien That Council resolves that the following items be approved as incentives for rate payers to pay rates in full on time for the 2009 2010 financial year. Four prizes will be offered and that the council will randomly select four rates assessments from the list of fully paid rates at the October meeting of council and issue a public notice to that effect notifying the four selected rates assessments of their prizes 1 @ 40cm High Definition LCD TV with built in DVD Player HDMI and HD Tuner. 1 @ Pentax 10MP 3x Optical Zoom Camera 2 @ $50 fuel Vouchers Resolution 2009-08-23 CARRIED 7/0


11.2 Local Government Reform Submission.

File: CRAMALG Officer: David Burton – Chief Executive Officer Amended By: Nil Disclosure of Interest: Nil Date: 28th August 2009

Application The consider the use of a consultant for the submission on Local Government Reform. Background At the Public meeting held on 27th August 2009 a local resident requested Council look at the possibility of getting our reform submission completed by a consultant to have more impact. Comment I have spoken to Gary Martin who has prepared several reports. He would be prepared to completed Councils report for the amount of $5,000 if the details are sent to him. If he has to come to Mount Magnet the costs will be more. Consultation Nil Statutory Environment Nil Policy Implications Nil Financial Implications This is not a budgeted expenses. Strategic Implications A report completed by an independent body may have a greater response than something done in house. Voting Requirements Absolute Majority


Moved: Cr O’Brien Seconded: Cr Williams That Council engages the services of a consultant to complete the reform submission to the Department of Local Government. Resolution 2009-08-24 CARRIED BY ABSOLUTE MAJORITY 7/0


12 NEXT MEETING

Ordinary Meeting to be held on 25th September 2009.

13 CLOSURE OF MEETING The President closed the meeting at 5.25pm and thanks all for attending. 14 CERTIFICATION BY CHAIRMAN

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