5 june 2013 ordinary meeting of council minutes - public document

7/28/2019 5 June 2013 Ordinary Meeting of Council Minutes - Public Document

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MINUTES - ORDINARY MEETING OF COUNCIL 5 JUNE 2013

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SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

MINUTES(Public Document)

Ashburton Hall, Ashburton Avenue,Paraburdoo

5 June 2013




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SHIRE OF ASHBURTON

ORDINARY COUNCIL MEETING

Dear Councillor

Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton willbe held on 5 J une 2013 at Ashburton Hall, Ashburton Avenue, Paraburdoo commencing at1:00 pm.

The business to be transacted is shown in the Agenda.

Frank Ludovico A/CHIEF EXECUTIVE OFFICER

DISCLAIMER

The recommendations contained in the Agenda are subject to confirmation by Council. TheShire of Ashburton warns that anyone who has any application lodged with Council mustobtain and should only rely on written confirmation of the outcomes of the applicationfollowing the Council meeting, and any conditions attaching to the decision made by theCouncil in respect of the application. No responsibility whatsoever is implied or accepted bythe Shire of Ashburton for any act, omission or statement or intimation occurring during aCouncil meeting.




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1. DECLARATION OF OPENING..................................................................................... 5 2. ANNOUNCEMENT OF VISITORS ................................................................................ 5 3. ATTENDANCE ............................................................................................................. 5

3.1 PRESENT ...................................................................................................................................... 5 3.2

APOLOGIES .................................................................................................................................. 5

3.3 APPROVED LEAVE OF ABSENCE .............................................................................................. 5

4. QUESTION TIME ......................................................................................................... 5 4.1 PUBLIC QUESTION TIME ............................................................................................................ 5 4.2 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .................................. 5

5. APPLICATIONS FOR LEAVE OF ABSENCE .............................................................. 5 6. PETITIONS / DEPUTATIONS / PRESENTATIONS...................................................... 6

6.1 PETITIONS .................................................................................................................................... 6 6.2 DEPUTATIONS ............................................................................................................................. 6 6.3 PRESENTATIONS ........................................................................................................................ 6

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................... 6 7.1 ORDINARY MEETING OF COUNCIL HELD ON 8 MAY 2013 ..................................................... 6 7.2 SPECIAL MEETING OF COUNCIL HELD ON 1 MAY 2013 ......................................................... 6

8. ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION .......... 6 9. DECLARATION BY MEMBERS ................................................................................... 6

9.1 DECLARATION OF INTEREST .................................................................................................... 7 10. CHIEF EXECUTIVE OFFICER REPORTS ................................................................... 9

10.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS ............................................... 9 10.2 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTH MAY .......... 11 10.3 REVIEW OF POLICY - PROCEDURE FOR THE CONDUCT OF PUBLIC QUESTION

TIME / PETITIONS / DEPUTATIONS AND PRESENTATIONS (ELM07) .................................. 15 10.4 REVIEW OF POLICY - ORDER OF BUSINESS - ORDINARY COUNCIL MEETING

(ELM08) ....................................................................................................................................... 18 10.5 TOM PRICE AND PARABURDOO HOSPITALS - CORRESPONDENCE RECEIVED

FROM THE DEPUTY PREMIER OF WESTERAN AUSTRALIA, MINSTER FORHEALTH; TOURISM .................................................................................................................... 20

10.6 CORRUPTION AND CRIME COMMISSION - REPORT ON THE REVIEW OF THECAPACITY OF LOCAL GOVERNMENTS IN THE PILBARA TO PREVENT, IDENTIFYAND DEAL WITH MISCONDUCT - 16 APRIL 2013 ................................................................... 23

10.7 DELEGATE FOR THE WITTENOOM STEERING COMMITTEE ............................................... 27 11. CORPORATE SERVICES REPORTS ........................................................................ 30

11.1 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FOR MONTH OF APRIL& MAY 2013................................................................................................................................. 30

11.2 SHIRE OF ASHBURTON GOVERNANCE MANUAL ................................................................. 32 11.3 POLICY REVIEW ........................................................................................................................ 35

ELM01 COUNCIL AND OTHER MEETINGS ............................................................................. 35 ELM02 OFFICIAL PHOTOGRAPH ............................................................................................ 35 ELM03 PRESENTATIONS TO RETIRING COUNCILLORS ..................................................... 35 ELM04 CODE OF CONDUCT POLICY FOR COUNCILLORS, COMMITTEE MEMBERSAND STAFF ................................................................................................................................. 35 ELM05 COUNCILLOR TRAINING/CONFERENCE ATTENDANCE ......................................... 35 ELM06 COUNCILLORS ACCOMMODATION, TRAVEL AND INCIDENTAL EXPENSESWHILST ON COUNCIL BUSINESS ............................................................................................ 35

11.4 FINANCIAL MANAGEMENT AUDIT ........................................................................................... 40 11.5 PROBITY AUDIT - FIN12 PURCHASING AND TENDER POLICY REVIEW 2013 .................... 44 11.6 PROPOSED DIFFERENTIAL RATES 2013/14 .......................................................................... 47

12. STRATEGIC & ECONOMIC DEVELOPMENT REPORTS ......................................... 54 12.1 PROPOSAL TO CHANGE PURPOSE OF RESERVE 39206 & 39277 ...................................... 54 12.2 AWARD RFT 05/13 LEASE OF PREMISES FOR PORTION OF LOT 811 ASHBURTON

COURT, PARABURDOO ............................................................................................................ 57 12.3 PROPOSED FUNDING APPLICATION FOR NEW NEIGHBOURHOOD CENTRE IN

PARABURDOO ........................................................................................................................... 59




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12.4 PROPOSAL TO CHANGE PURPOSE OF RESERVE 39339 ONSLOW TO'COMMUNICATIONS SITE' ......................................................................................................... 63

13. TECHNICAL SERVICES REPORTS .......................................................................... 65 13.1 REQUEST FROM WATERCORP TO ESTABLISH AN EASEMENT FOR THE

PURPOSE OF WATER PIPELINE ALONG THE BOUNDARIES OF LOTS 105(RESERVE 38264) AND 303 (RESERVE 19291), ONSLOW ROAD, ONSLOW ....................... 65

13.2 REQUEST FROM BHP BILLITON PETROLEUM PTY TO ALLOW THE MACEDONDOM GAS TRANSIENT CONSTRUCTION WORKFORCE ACCOMMODATION CAMP TO REMAIN FOR A NON BHPB CAMP OPERATOR ................................................................ 70

13.3 WATERCORP PROPOSAL - GROUND LEVEL TANK, PUMPING STATION, INLETAND OUTLET SUPPLY MAINS AND RETICULATION CROSS CONNECTIONS ATONSLOW ..................................................................................................................................... 75

13.4 PROPOSED PURCHASE OF UNALLOCATED CROWN LAND FOR HELICOPTEROPERATION WITHIN TOM PRICE TOWNSITE - SHIRE OF ASHBURTON ............................ 79

13.5 PROPOSAL FOR FOURTH ACCOMMODATION VESSEL AT LOTS 15 & 16, BEADONCREEK BOAT HARBOUR, ONSLOW FOR J ETWAVE MARINE SERVICES (JETWAVE) ....... 83

13.6 CORRESPONDENCE CONFIRMING PUBLIC ACCESS ROUTE FOR SECRET CREEK,ONSLOW ..................................................................................................................................... 90

13.7 PROPOSED ROAD CLOSURES, WATSON DRIVE AND UCL 215, ONSLOW ........................ 97 13.8 PROPOSAL FOR THE POWER TO LEASE AT THE TOM PRICE WASTE DISPOSAL

SITE (LOT 300, RESERVE 50203), BINGARN ROAD, TOM PRICE ....................................... 100 13.9 RFT 02/13 ASSET MANAGEMENT CONSULTANCY.............................................................. 103

14. OPERATIONS REPORTS ........................................................................................ 106 14.1 EXECUTION OF THE WATER MAINS RELOCATION AGREEMENT BETWEEN

WATER CORPORATION AND SHIRE OF ASHBURTON ....................................................... 106 15. COMMUNITY DEVELOPMENT REPORTS .............................................................. 109

15.1 LEASE FOR VSWANS OVER LOT 302 ONSLOW ROAD, ONSLOW ..................................... 109 16. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF

MEETING ................................................................................................................. 113 16.1 NEW BUSINESS OF AN URGENT NATURE - TEMPORARY INCREASE OF

OVERDRAFT ............................................................................................................................. 114 16.2 NEW BUSINESS OF AN URGENT NATURE - AFFIXING THE COMMON SEAL TO THE

CONTRACT FOR TENDER NO.RFT 05/12 - TOM PRICE SPORTS PAVILLION ................... 116 17. CONFIDENTIAL REPORTS ..................................................................................... 118

17.1 CONFIDENTIAL ITEM - PROPOSED FUNDING AGREEMENTS BETWEEN RIO TINTOIRON ORE AND SHIRE OF ASHBURTON FOR TOM PRICE SPORTING PRECINCTAND OTHER PROJ ECTS ......................................................................................................... 120

17.2 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT - UPDATE ONACTIONS ................................................................................................................................... 121

17.3 NEW BUSINESS OF AN URGENT NATURE - CONFIDENTIAL ITEM - RECRUITMENTOF EXECUTIVE MANAGER TECHNICAL SERVICES ............................................................ 122

18. COUNCILLOR AGENDA ITEMS .............................................................................. 124 19. PILBARA REGIONAL COUNCIL REPORT ............................................................. 124 20. NEXT MEETING ....................................................................................................... 124 21. CLOSURE OF MEETING ......................................................................................... 124




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1. DECLARATION OF OPENINGCommissioner Yuryevich declared the meeting open at 1.00 pm.

2. ANNOUNCEMENT OF VISITORSCommissioner Yuryevich welcomed J enni Law - Manager Advice and SupportDepartment of Local Government, Karen Chapel - Shire President Shire of Morawa, Don Burnett - CEO of Kalgoorlie Boulder, Kerry White -Shire President,Peter Foster and Anne Eyre – Member of Council and members of the Public tothe Public Gallery.

3. ATTENDANCE

3.1 PRESENT

Mr R Yuryevich Commissioner

Mr F Ludovico A/Chief Executive OfficerMs A O’Halloran Executive Manager, Strategic & Economic

DevelopmentMs D Wilkes Executive Manager, Community DevelopmentMs F Keneally Executive Manager, OperationsMrs L Hannagan A/Executive Manager, Corporate ServicesMr K Pearson A/Executive Manager, Technical ServicesMr R Paull Principal Town PlannerMs K Cortesi CEO & Councillor Support OfficerMs M May A/Community Services Manager

Ms A Serer A/Partnership & Revitalisation ManagerMs L Lind Governance & Policy OfficerMs K Domingo Relieving Officer

3.2 APOLOGIES There were no apologies for this meeting.

3.3 APPROVED LEAVE OF ABSENCE There were no approved leave of absence for this meeting.

4. QUESTION TIME

4.1 PUBLIC QUESTION TIMENo public questions were received for this meeting.

4.2 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICEAt the Ordinary Meeting of Council held on 8 May 2013, no public questionswere received.

5. APPLICATIONS FOR LEAVE OF ABSENCE There were no Applications for Leave of Absence for this meeting.




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6. PETITIONS / DEPUTATIONS / PRESENTATIONS

6.1 PETITIONS There were no petitions presented to Council.

6.2 DEPUTATIONS There were no deputations presented to Council.

6.3 PRESENTATIONS There were no presentations to Council.

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.1 ORDINARY MEETING OF COUNCIL HELD ON 8 MAY 2013

Council Decision

MOVED: Commissioner R Yuryevich

That the Minutes of the Ordinary Meeting of Council held on 8 May 2013, aspreviously c irculated on 13 May 2013.

CARRIED 1/0

7.2 SPECIAL MEETING OF COUNCIL HELD ON 1 MAY 2013

Council Decision


That the Minutes of the Special Meeting of Council held on 1 May 2013, aspreviously c irculated on 3 May 2013.

CARRIED 1/0

8. ANNOUNCEMENTS BY THE PRESIDING PERSONWITHOUT DISCUSSION

9. DECLARATION BY MEMBERS That Commissioner Yuryevich has given due consideration to all matterscontained in the Agenda presently before the meeting.

Kelly Domingo entered the meeting at 1.03pm.




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9.1 DECLARATION OF INTEREST

Councillors to Note

A member who has a Financial Interest in any matter to be discussed at a

Council or Committee Meeting, that will be attended by the member, mustdisclose the nature of the interest:

(a) In a written notice given to the Chief Executive Officer before the Meeting

or;

(b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

(c) Preside at the part of the Meeting, relating to the matter or;

(d) Participate in, or be present during any discussion or decision-makingprocedure relative to the matter, unless to the extent that the disclosing

member is allowed to do so under Section 5.68 or Section 5.69 of theLocal Government Act 1995.




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NOTES ON FINANCIAL INTEREST (FOR YOUR GUIDANCE)

The following notes are a basic guide for Councillors when they are consideringwhether they have a Financial Interest in a matter.

I intend to include these notes in each agenda for the time being so that

Councillors may refresh their memory.

1. A Financial Interest requiring disclosure occurs when a Council decisionmight advantageously or detrimentally affect the Councillor or a personclosely associated with the Councillor and is capable of being measure inmoney terms. There are exceptions in the Local Government Act 1995but they should not be relied on without advice, unless the situation isvery clear.

2. If a Councillor is a member of an Association (which is a Body Corporate)with not less than 10 members i.e. sporting, social, religious etc), and theCouncillor is not a holder of office of profit or a guarantor, and has notleased land to or from the club, i.e., if the Councillor is an ordinarymember of the Association, the Councillor has a common and not afinancial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors orratepayers, then the obligation to disclose that interest does not arise.Each case needs to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has notbeen given to the Chief Executive Officer before the meeting, then itMUST be given when the matter arises in the Agenda, and immediatelybefore the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room beforediscussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Councilcarries a motion under s.5.68(1)(b)(ii) or the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.




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10. CHIEF EXECUTIVE OFFICER REPORTS

10.1 PROGRESS OF IMPLEMENTATION OF COUNCIL DECISIONS

MINUTE: 11535 FILE REFERENCE: OR.MT.1

AUTHOR’S NAME ANDPOSITION:

Kaylani CortesiCEO & Councillor Support Officer

NAME OF APPLICANT/RESPONDENT:

Not Applicable

DATE REPORT WRITTEN: 13 May 2013

DISCLOSURE OF FINANCIALINTEREST:

The author has no financial interest in the proposal.

PREVIOUS MEETINGREFERENCE:

Agenda Item 10.1 (Minute No.11477) Ordinary Meeting of Council 10 April 2013Agenda Item 10.1 (Minute No.1151211535) Ordinary Meetingof Council 8 May 2013

Summary The 2012 Department of Local Government Probity Audit (Recommendation 34)recommended that a review be undertaken on the processes of implementing Councildecisions to ensure that decisions are actioned and implemented in a timely manner.

The purpose of the agenda item is to report back to Council the progress of implementationof Council decisions.

BackgroundPreviously “Decision Status Reports” were presented to Council in the Information Bulletinand these were not officially endorsed by Council. The 2012 Department of LocalGovernment Probity Audit recommended that a review be undertaken on the processes of implementing Council decisions to ensure that decisions are actioned and implemented in atimely manner.




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CommentWherever possible Council decisions are implemented as soon as possible after a Councilmeeting. However there are projects or circumstances that mean some decision take longerto action than others.

The Information Bulletin is not a public document and so to increase transparency, a reporton the status of implementing Council decisions has been prepared for Council.

This report presents a summary of the “Decision Status Reports” for Office of the CEO,Corporate Services, Technical Services, Strategic & Economic Development, CommunityDevelopment and Operations departments.

ATTACHMENT 10.1

In the future this report will be prepared for each Council meeting.

Consultation

A/Chief Executive OfficerExecutive Manager - Strategic and Economic DevelopmentExecutive Manager - Community DevelopmentExecutive Manager - OperationsA/Executive Manager - Corporate ServicesA/Executive Manager - Technical Services

Statutory EnvironmentNot Applicable

Financial ImplicationsNot Applicable

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 05 – Inspiring GovernanceObjective 04 – Exemplary Team and Work Environment

Policy ImplicationsNot Applicable

Voting RequirementSimple Majority Required

Council Decision


That Council receives the “ Decision Status Reports” as per ATTACHMENT 10.1.

CARRIED 1/0




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10.2 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THEMONTH MAY

MINUTE: 11536

FILE REFERENCE: AS.AS.00000.000OR.DA.00.00PS.TP.07.00


J anyce SmithExecutive Officer CEO


Not Applicable





Not Applicable

Summary The purpose of this agenda item is to report back to Council actions performed under

delegated authority for the month of May 2013.

This report includes out actions performed under delegated authority for:

• The Use of the Common Seal.• Development Approvals Issued.• Approval to Purchase Goods and Services by the Chief Executive Officer (CEO).

BackgroundThe Use of the Common SealSince September 2011 details regarding the use of the Common Seal were presented to

Council in the Information Bulletin.

At the 11 April 2006 Council Meeting, Council noted the contents of a report which outlined aproposal to regularly inform Council (by way of an Agenda Item), of details relating to the useof the Common Seal.

Details of the use of the Common Seal for the month of May 2013 are set out below.




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Development Approvals IssuedCouncil has delegated to the A/Executive Manager, Technical Services the authority to issuedevelopment approvals, pursuant to the Shire’s Town Planning Scheme No. 7, in certaincircumstances.

Details of approvals issued by the A/Executive Manager, Technical Services for the month of May 2013 are set out below.

Approval to Purchase Goods and Services by the Chief Executive Officer The 2012 Department of Local Government Probity Audit (Recommendation 26) reportrecommended that a review be undertaken on the Shire’s Purchasing and Tender PolicyFIN12 in relation to purchase authority limits for staff and set an appropriate limit for theCEO’s purchasing authority that aligns with the delegation DA001 limited placed on the CEOfor the acceptance of tenders.

At the 13 February 2013 Council Meeting, minute number 11425, Council determined theevaluation criteria for different classes of procurement and delegated to the CEO the power

to determine tenders up to a certain value for those classes.

Additional reviews of policies will further improve our tender and procurement processes.

Details of approvals to Purchase Goods and Services by the Chief Executive Officer underdelegated authority are set out below.

Comment The Information Bulletin is not a public document and so to increase transparency, a reporton actions performed under delegated authority has been prepared for Council.

This report is prepared for each Council meeting.

The Use of the Common Seal The Common Seal has been affixed to the following documents for the month of May 2013:

Seal 500 Employment contract – Executive Manager Strategic & Economic Development:SoA & Amanda O’Halloran

Seal 501 Local Planning Scheme No. 7 Amendment No. 17Seal 502 A/CEO Employment Contract – Frank LudovicoSeal 503 Royalties for Regions Project – Financial Assistance – Paraburdoo Town Centre

RevitalisationSeal 504 Formal Instrumental Agreement – RFT 18/12 Supply and Installation of Aircraft

Landing Lights at Onslow AerodromeSeal 505 Agreement and Invoice – Onslow Demolition RFT 01/13Seal 506 Formal Instrument of Agreement – RFT 17/12 Digital Television Upgrade




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Financial ImplicationsThe Use of the Common Seal

There are no financial implications related to this matter.

Development Approvals Issued

There are no financial implications related to this matter.

Approval to Purchase Goods and Services by the Chief Executive Officer All current lease properties have been budgeted.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 05 – Inspiring GovernanceObjective 04 – Exemplary Team and Work Environment

Policy ImplicationsThe Use of the Common Seal

ELM 13 – Affixing the Shire of Ashburton Common Seal

Development Approvals Issued There are no policy implications related to this matter.

Approval to Purchase Goods and Services by the Chief Executive Officer DA049 – Staff and Employee Property Lease Contracts


Council Decision


That Council accept the report “ 10.2 Actions Performed Under Delegated Authority for the Month of May 2013” .

CARRIED 1/0




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10.3 REVIEW OF POLICY - PROCEDURE FOR THE CONDUCT OF PUBLICQUESTION TIME / PETITIONS / DEPUTATIONS ANDPRESENTATIONS (ELM07)

MINUTE: 11537

FILE REFERENCE: LE.LL.10.00




Not Applicable





Agenda Item 12.05.11 Ordinary Meeting of Council20 May 2008Agenda Item 11.4.433 Ordinary Meeting of Council20 April 1999

SummaryIn December 2012, Commissioner Yuryevich requested the Administration to review theprocedure relating to Public Question Time / Deputations, in particular the manner in whichPublic Questions are submitted during Council Meeting.

Further at the Ordinary Meeting of Council held on 23 J anuary 2013 Council resolved toadopt, in accordance with the provisions of the Local Government Act, the Shire of Ashburton Standing Orders Local Law 2012.

The purpose and effect of the Shire of Ashburton Standing Local Law 2012 is:

• To provide procedures which apply to the conduct of meetings of the Council, its

committees and meetings of electors.• The effect being to control the operation of Council, committee and electors meetings.

As a result of the request from Commissioner Yuryevich and the adoption of the Shire of Ashburton Standing Local Law 2012 a review of the Policy – Procedure for the Conduct of Public Question Time and Deputations (ELM07) has been undertaken. This policy is nowpresented to Council for adoption.




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BackgroundIn December 2012, Commissioner Yuryevich requested the Administration to review theprocedure relating to Public Question Time. Further, at the Ordinary Meeting of Council heldon 23 J anuary 2013 Council resolved to adopt, in accordance with the provisions of the LocalGovernment Act, the Shire of Ashburton Standing Orders Local Law 2012.

As a result of the request from Commissioner Yuryevich and the adoption of the Shire of Ashburton Standing Local Law 2012 a review of the Policy – Procedure for the Conduct of Public Question Time and Deputations (ELM07) has been undertaken.

Public question time is a means by which the public can seek responses from the Councilregarding issues affecting the Shire of Ashburton that are of a concern to them. It assists thepublic to be better informed about the governing of their district and it provides the Shire of Ashburton with a mechanism to identify issues of importance in their community.

This policy is now presented to Council for adoption.

CommentA review of the Policy – Procedure for the Conduct of Public Question Time and Deputations(ELM07) was undertaken to establish an appropriate procedure for submitting PublicQuestions.

Public question time during Council Meetings can often present many challenges for thepresiding member in trying to ensure that available time is used efficiently and effectively andmembers of the public are given a fair and equal opportunity to participate.

Currently Public Questions are taken from the floor and may not adhere to the time limit inaccordance with the regulation 6 Local Government [Administration] Regulations 1996 whichstates:

“6. Question time for public, minimum time for (Act s. 5.24(2))

(1) The minimum time to be allocated for the asking of and responding toquestions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes.

(2) Once all the questions raised by members of the public have beenasked and responded to at a meeting referred to in subregulation (1),nothing in these regulations prevents the unused part of the minimumquestion time period from being used for other matters.”

To improve the conduct of Public Question Time during Council Meeting the following

changes have been suggested in the policy:

1. Members of the public are encouraged to submit their public questions five (5)working days prior to Council Meeting by either email, fax, post or via the ShireWebsite.

2. On the day of the Council Meeting members of the public are encouraged to submittheir public question at least fifteen (15) minutes prior to the commencement of themeeting.

3. Public Question Protocols have been included so that members of the public areprovided with information on how to submit their public questions and how to conductthemselves during Public Question Time.

4. Public Question Form has been changed to include their contact details so that a

written response can be provided.




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5. Each member of the public is entitled to ask up to two (2) questions before otherMembers of the public will be invited to ask their questions.

6. A member of the public shall have two (2) minutes to submit a question.7. The name of the policy has been changed from “Procedure for the Conduct of Public

Question Time and Deputations” to “Conduct of Public Question Time / Petitions /

Deputations and Presentations.”

ATTACHMENT 10.3A ATTACHMENT 10.3B ATTACHMENT 10.3C

ConsultationExecutive Management TeamProject Officer Local Law

Statutory EnvironmentLocal Government Act 1995 s5.24 – Question Time for Public

Shire of Ashburton Standing Orders Local Law 2012Department of Local Government WA – Guideline 3 – Managing Public Question Time

Financial Implications There are no financial implications.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 5 – Inspiring GovernanceObjective 3 – Council Leadership

Policy ImplicationsAmended Policy ELM07 – Conduct of Public Question Time / Petitions / Deputations andPresentations


Council Decision


That Council withdraw item ‘10.3 Review of Policy – Procedure for the Conduct of Public Question Time/Petitions/Deputations and presentations (ELM07)’ and refer theitem to a workshop with Council at a time chosen by the Shire President and the A/Chief Execut ive Offi cer.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The Commissioner believed it wasappropriate for elected Council to workshop this policy before it is adopted.




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10.4 REVIEW OF POLICY - ORDER OF BUSINESS - ORDINARY COUNCILMEETING (ELM08)

MINUTE: 11538

FILE REFERENCE: LE.LL.10.00




Not Applicable





Agenda Item 12.05.22, Ordinary Meeting of Council 20 May2008Agenda Item 11.434, Ordinary Meeting of Council 20 April1999

Summary

At the Ordinary Meeting of Council held on 23 J anuary 2013 Council resolved to adopt, inaccordance with the provisions of the Local Government Act, the Shire of AshburtonStanding Orders Local Law 2012.

The purpose and effect of the Shire of Ashburton Standing Local Law 2012 is:

• To provide procedures which apply to the conduct of meetings of the Council, itscommittees and meetings of electors.

• The effect being to control the operation of Council, committee and electors meetings.

As a result of the adoption of the Shire of Ashburton Standing Local Law 2012 a review of the Order of Business Policy (ELM08) has been undertaken. This policy is now presented to

Council for adoption.

BackgroundAt the Ordinary Meeting of Council held on 23 J anuary 2013 Council resolved to adopt, inaccordance with the provisions of the Local Government Act, the Shire of AshburtonStanding Orders Local Law 2012.

As a result of the adoption of the Shire of Ashburton Standing Local Law 2012, withreference to clause 5.2, which requires the Local government to determine its order of business, a review of the Order of Business Policy (ELM08) has been undertaken.




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The Council Standing Orders and Order of Business are a key component of how theCouncil conducts its business.

The local government’s agenda follows the sequence set out in the policy and is designed toensure that processes are clear and transparent.

Comment Two significant changes were made to the policy:

1. Added “Moving Items ‘en bloc’” – numerous unopposed items can be dealt withunder one motion so that more time can be allowed for debate of those matterswhere there may not be an agreement.

2. Added Councillor Reports – Provides Councillors the opportunity to table a summaryof meetings attended (e.g. Pilbara Regional Council) and to bring forward business inthe form of a written motion (up to seven (7) days business before the meeting).

ATTACHMENT 10.4

ConsultationExecutive Management TeamProject Officer Local Law

Statutory EnvironmentShire of Ashburton Standing Orders Local Laws 2012 clause 5.2

Financial Implications There are no financial implications for this matter.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 5 – Inspiring GovernanceObjective 3 – Council Leadership

Policy ImplicationsAmended Policy Order of Business – Ordinary Council Meeting (ELM08).


Council Decision


That Council adopt the “Order of Business – Ordinary Council Meeting Policy(ELM08)” as per ATTACHMENT 10.4.

CARRIED 1/0




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10.5 TOM PRICE AND PARABURDOO HOSPITALS - CORRESPONDENCERECEIVED FROM THE DEPUTY PREMIER OF WESTERAN AUSTRALIA, MINSTER FOR HEALTH; TOURISM

MINUTE: 11539

FILE REFERENCE: TP.HO.0863.000




Not Applicable



The author has no financial interest in this matter.


Agenda Item 18.1 (Minute No. 11334) – Ordinary Meeting of Council 17 October 2012

SummaryAt the Ordinary Meeting of Council held on 17 October 2012 Councillor Foster submitted an

agenda item regarding the concerns of residents in both the Tom Price and ParaburdooHospitals.

At that Council Meeting the Chief Executive Officer was directed to write to the Minister forHealth outlining Council’s concerns for both hospitals, seek assurances as to servicesprovided and information on the future of hospital services proposed for the residents of TomPrice and Paraburdoo.

The purpose of this report is to advise council on the response from the Deputy Premier of Western Australia; Minister for Health; Tourism.

BackgroundAt the Ordinary Meeting of Council held on 17 October 2012 Councillor Peter Fostersubmitted an agenda item regarding the concerns of residents in both the Tom Price andParaburdoo Hospitals.




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At that meeting Council resolved:

“That Council:

1. Direct the CEO to write to the WA Minister for Health, Pilbara Cities and RDA as

soon as possible, outlining Council’s concern’s for both hospitals and seekassurances as to services provided, and information on the future of hospital servicesproposed for the residents of Tom Price and Paraburdoo.

2. Report back to Council any response received from the WA Minister for Health inrespect of these issues.”

A copy of correspondence sent on 26 March 2013 is attached.

ATTACHMENT 10.5A

On the 6 May 2013 the A/Chief Executive Officer received correspondence from the DeputyPremier of Western Australia; Minister for Health; Tourism outlining the upgrades undertakenand planned for both hospitals as well as the health services currently provided. Part of thecorrespondence states:

“There are no plans to close Paraburdoo Hospital, and despite the age of both hospitals;they continue to deliver quality services to the community.”

A copy of the correspondence is attached.

ATTACHMENT 10.5BCommentIt appears that all issues and concerns have been responded to.

ConsultationA/Chief Executive Officer

Statutory Environment There is no statutory environment for this matter.

Financial Implications There are no financial implications for this matter.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 1 – Vibrant and Active CommunitiesObjective 3 – Quality Education, Healthcare, Childcare, Aged Care and Youth Services

Policy Implications There are no policy implications for this matter.





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The Commissioner indicated that a delegation to the Minister for Health may beappropriate to further this matter.

Council Decision


That Council receive the correspondence from the Deputy Premier of Western Austral ia; Minister for Health; Touri sm regard ing the Tom Price and ParaburdooHospitals as per ATTACHMENT 10.5B.

CARRIED 1/0




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10.6 CORRUPTION AND CRIME COMMISSION - REPORT ON THE REVIEWOF THE CAPACITY OF LOCAL GOVERNMENTS IN THE PILBARA TOPREVENT, IDENTIFY AND DEAL WITH MISCONDUCT - 16 APRIL2013

MINUTE: 11540

FILE REFERENCE: CS.CS.06.00


Frank LudovicoA/Chief Executive Officer


Not Applicable





Not Applicable

Summary

Commencing in June 2011 the Corruption and Crime Commission (CCC) has undertaken areview and consultation into issues of misconduct in Pilbara local government’s.

On 16 April 2013 the CCC tabled report in that WA State Parliament entitled "Report on theReview of the Capacity of Local Governments in the Pilbara to Prevent, Identify and Dealwith Misconduct."

The above report made two recommendations. Firstly that Pilbara local government’sdevelop a formal comprehensive and effective misconduct management strategy andsystem, and secondly a report on the progress of implementing a misconduct managementstrategy and system be reported to the WA Department of Local Government by 30 J une2013.

This report details progress made and recommends developing a Misconduct Fraud andCorruption Prevention Policy by 30 November 2013.

BackgroundIn J une 2011 the Corruption and Crime Commission carried out a review at the Shire of Ashburton in association with other Pilbara local governments to assess the Shires approachto misconduct risk and misconduct management. A number of interviews occurred with staff,and the administration believes Councillors were also asked for input.




24

In March 2012 the Administration was asked to comment upon the review undertaken in J une 2011 and comments were provided in May 2012.

On 12 November 2012 the CCC forwarded a draft Report on the Review of LocalGovernments in the Pilbara undertaken by the Commission asking the Chief Executive

Officer (CEO) to provide a response to the CCC by 30 November 2012

The Acting CEO indicated on the 7 December 2012 that with the departure the CEO and thesuspension of Council he was unable to provide a response to the CCC.

On 16 April 2013 the CCC tabled report in a WA State Parliament entitled "Report on theReview of the Capacity of Local Governments in the Pilbara to Prevent, Identify and Dealwith Misconduct". The full report is attached for Council information.

ATTACHMENT 10.6

The report made two recommendations. They are:

“Recommendation 1The Commission recommends that the Shire of Ashburton, the Shire of East Pilbara, theTown of Port Hedland and the Shire of Roebourne continue to develop a formal,comprehensive and effective misconduct management strategy and system.

Recommendation 2The Commission recommends that by 30 June 2013, the Shire of Ashburton, the Shireof East Pilbara, the Town of Port Hedland and the Shire of Roebourne report their progress in developing effective misconduct management strategies and systems to theDepartment of Local Government.”

As the 5 J une 2013 Council meeting is the only Ordinary Meeting of Council prior to 30 J une2013 deadline the Commissioner has asked the Administration to prepare a report in respectto recommendation 2.

Comment The Shire of Ashburton has recently undertaken an extensive review of its local governmentfunctions resulting from the 2012 Probity Audit. Processes reviewed include tenders, privateworks, agenda preparation and updating policies including the Councillor Code of Conduct.

However as noted in the CCC report (paragraph 92 and 93)

"However, the review was not an audit. The intent of the review was not to testcompliance with local government legislation, nor was it to identify instances of misconduct.

The review focused on strategically evaluating organisational systems, processes andpractices for preventing, identifying and dealing with misconduct and whether or not thelocal government had a specific approach to managing this issue.”

In other words compliance with the Local Government Act did not necessarily mitigate therisk of misconduct.




25

Essentially the CCC is requesting Councils to analyse their organisations to determine wheremisconduct risks lie, what decisions could be affected and then look at in detail how themisconduct risk can be mitigated. This is a significant process and will take time toimplement. It is about creating a culture of reducing the misconduct risk.

For the Shire of Ashburton this needs to be a work in progress. The Probity Audit hasenabled us to improve our local government processes. We now need to consider ourmisconduct risks.

In terms of a specific action plan a number of local governments have developed a"Misconduct, Fraud And Corruption Prevention Policy" and from there developed a“Misconduct, Fraud And Corruption Plan.” The Administration is aware the CCC is workingwith the number of local governments to identify misconduct risks. We understand thisinformation will be available in the forthcoming months and this will assist in the developmentof any policy or plan.

A "Misconduct, Fraud and Corruption Plan" will identify changes to systems and procedures

and their implementation (particularly how people can report perceived misconduct).

ConsultationA/Chief Executive OfficerA/Executive Manager - Technical ServicesA/Executive Manager – Corporate ServicesCorruption and Crime Commission

Statutory EnvironmentSection 7A (b) of the Corruption and Crime Commission Act 2003 (CCC Act) stipulates thatone of the two main purposes of this Act is “to improve continuously the integrity of, and toreduce the incidence of misconduct in, the public sector.”

Section 17 of the CCC Act provides the Commission with a prevention and educationfunction. One of the ways this function can be formed performed is by analysing systems usewithin public authorities to prevent misconduct.

Financial Implications The development of systems to prevent misconduct is unable to be quantified at this time.

However the prevention of misconduct, fraud and corruption will reduce risks associated withthese activities and will be beneficial to the organisation in the long-term.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 5 - Inspiring Governance

Policy Implications There are no particular policies on this matter.





26

Council Decision


That Council:

1. Develop a Misconduct, Fraud and Corruption Prevention Policy by 30November 2013.

2. Provide a copy of this report to the Department of Local Government and theCorruption And Crime Commission as per recommendation 2 of “ Report on theReview of the Capacity of Local Governments in the Pilbara to Prevent, Identifyand Deal with Misconduct – 16 April 2013.

CARRIED 1/0




27

10.7 DELEGATE FOR THE WITTENOOM STEERING COMMITTEE

MINUTE: 11541

FILE REFERENCE: AS.WI.002.00




Department of Regional Development and Lands





Agenda Item 10.2 (Minute No. 11426) – Ordinary Meeting of Council 13 February 2013

Summary The Department of Regional Development and Lands (RDL) wrote to Council on 16 J anuary2013 indicating that it wished to reconvene the Wittenoom Steering Committee. Thiscommittee was first established in 2002 and at that time the Shire of Ashburton was only

provided with observer status. This recent request from the Department (RDL) asked theShire to nominate a delegate to the Committee.

At the Ordinary Meeting of Council held on 13 February 2013 Council resolved:

“That Council nominate Mr Keith Pearson, A/Executive Manager – Technical Servicesas its representative and Mr Frank Ludovico, A/Chief Executive Officer as his deputy tothe Wittenoom Steering Committee.”

Mr Frank Ludovico, A/Chief Executive Officer participated in the first Wittenoom SteeringCommittee meeting held on 23 April 2013 via conference call. It became apparent at thismeeting that the Shire of Ashburton had conflicts of interest, particularly in regard to

reporting responsibilities to Council.

The purpose of this report is to inform Council that representation on the Wittenoom SteeringCommittee will cease.




28

BackgroundRDL wrote to Council on 16 J anuary 2013 indicating that it wished to reconvene theWittenoom Steering Committee. This committee was first established in 2002 and at thattime the Shire of Ashburton was only provided with observer status. This recent request fromthe Department (RDL) asked the Shire to nominate a delegate to the Committee. The

outcomes that the Wittenoom Steering Committee aims to achieve are:

“1) Redrafting of the previously withdrawn Cabinet Submission to encapsulate thefollowing items:

a) The “phase down” of the town – providing an update on negotiations withcurrent residents and landowners;

b) Proposal for amending the current legislation to enable compulsoryacquisition of any remaining freehold land;

c) Strategies to minimise the asbestos exposure risk to Aboriginal peoplewho access the Wittenoom area for traditional and cultural purposes;

d) Demolition of existing premises, buildings and removal of the mining

equipment and other “Ghost Town: relics and artifacts that provideattraction for tourists; and

e) Providing an update on the development of strategies/approach forremediating/managing asbestos impacted areas.”

ATTACHMENT 10.7A

At the Ordinary Meeting of Council held on 13 February 2013 Council resolved:

“That Council nominate Mr Keith Pearson, A/Executive Manager – TechnicalServices as its representative and Mr Frank Ludovico, A/Chief Executive Officer ashis deputy to the Wittenoom Steering Committee.”

Mr Frank Ludovico, A/Chief Executive Officer participated in the first Wittenoom SteeringCommittee meeting held on 23 April 2013 via conference call. It became apparent that atthis first meeting that the Shire of Ashburton had conflicts of interest, particularly in regard toreporting responsibilities to Council.

After the meeting held on 23 April 2013, Commissioner Ron Yuryevich receivedcorrespondence from RDL requesting that the Shire cease direct representation on theWittenoom Steering Committee.

“The Committee discussed various matters which are still in the preliminary stages of

consideration by government agencies, subject to further deliberations by theCommittee and subsequent submissions to Government for their consideration.Therefore the deliberations of the Committee are, at this stage, confidential withinState government agencies.

It was apparent from the discussions at the first meeting of the Committee that therepresentative of the Shire of Ashburton had conflicts of interest, particularly withregard to reporting responsibilities to the Shire Council. Therefore it was the view of the Committee that representation by the Shire of Ashburton should be discontinued.

From our discussions on 10 May, I also acknowledge your point that the currentsituation of the Shire of Ashburton, with the associated Wittenoom related litigation

issues, is also relevant to this matter.




29

The Committee recognises the important role, knowledge and expertise whichofficers of the Shire have on Wittenoom related issues. We would like to maintainour lines of communication with Shire officers and seek advice accordingly on an asneeds basis. However, I am requesting your agreement in ceasing directrepresentation by the Shire of Ashburton the Wittenoom Steering Committee.”

ATTACHMENT 10.7B

Comment This is a very difficult situation where the Steering Committee requires confidentiality and theCEO needs to provide Council with reports on the activities of the committee. This isespecially so as a member of the Council is also resident of Wittenoom.

As suggested by the Steering Committee it is recommended that we maintain communicationwith RDL officers on Wittenoom related issues.

Consultation

Commissioner Ron YuryevichA/Chief Executive Officer

Statutory Environment There are no statutory issues in this matter.

Financial Implications There are no financial implications in this matter.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 4 – Distinctive and Well Services PlacesObjective 2 – Accessible and Safe Towns

Policy ImplicationsCouncil Policy EMP02 – Prohibited Areas, Wittenoom and Yampire Gorge is relative to thisissue.


Council Decision


That Council discontinue its representation on the Wittenoom steering committee butmaintain contact with Department of Regional Development and Lands officers onWittenoom related issues.

CARRIED 1/0




30

11. CORPORATE SERVICES REPORTS

11.1 RECEIPT OF FINANCIALS AND SCHEDULE OF ACCOUNTS FORMONTH OF APRIL & MAY 2013

MINUTE: 11542

FILE REFERENCE: FI.RE.00.00


Leah M J ohnFinance Manager


Not Applicable





Not Applicable

SummaryIn accordance with Regulation 34 of the Local Government (Financial Management)

Regulations, the Shire is to prepare a monthly Statement of Financial Activity forconsideration by Council.

BackgroundRegulation 34 of the Local Government (Financial Management) Regulations requires theShire to prepare a monthly statement of Financial Activity for consideration by Council.

Comment This report presents a summary of the financial activity for the following month:

April 2013• Statements of Financial Activity and associated statements for the Month of

March 2013.

ATTACHMENT 11.1A

May 2013• Schedule of Accounts and Credit Cards paid under delegated authority for

the Month of April 2013.

ATTACHMENT 11.1B




31

ConsultationExecutive Management TeamFinance ManagerFinance CoordinatorFinance Officers

Consultant Accountant

Statutory EnvironmentSection 6.4 Local Government Act 1995, Part 6 – Financial Management, and regulation 34Local Government (Financial Management) Regulation 1996.

Financial ImplicationsFinancial implications and performance to budget are reported to Council on a monthlybasis.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022

Goal 5 – Inspiring GovernanceObjective 4 - Exemplary Team and Work Environment

Policy ImplicationsNil


Council Decision


That Council receives the Financial Reports for April 2013 and Schedule of Accounts as per ATTACHMENT 11.1A and Credit Cards paid in May 2013 as per ATTACHMENT 11.1B.

CARRIED 1/0




32

11.2 SHIRE OF ASHBURTON GOVERNANCE MANUAL

MINUTE: 11543

FILE REFERENCE: OR.CM.01.00


Leanne LindGovernance and Policy Officer


Not Applicable



The author has no financial interest in the project


Agenda Item 11.3 (Minute No. 11312) – Ordinary Meeting of Council 17 October 2012.

SummaryA Governance Manual has been compiled to assist the Council to achieve the appropriatelevel of governance to fulfil their roles as elected members.

Corporate Governance is defined as a system of processes through which an organisationmakes decisions and how it directs, controls and monitors its operations. These systems arecomplex, which is why having a formal manual will support new and existing Councillors toachieve excellence in their governance roles.

ATTACHMENT 11.2

BackgroundFrom the independent review all systems, policies and procedures as part of the riskmanagement and integrated planning processes it was evident that a more formal anddocumented approach to the governance policies and procedures would be of benefit to theCouncil. It will also assist in communication and focus of the governance role and legislative

requirements to the organisation at large.

The Governance Manual has been based on a number of existing governance frameworksbut in particular the principles and practices outlined in the “Excellence in Governance for Local Government” produced by the Local Government Managers Australia and CPAAustralia.




33

Comment The Manual links the respective roles under the Local Government Act 1995 and otherrelevant legislation with the suite of available governance documents. It is designed toprovide guidance and information to the major participants in all functions and governanceprocesses of the Council.

The Governance Manual contains a suit of policies and will act as:

• An introduction for new Councilors and staff members to the governance frameworkand processes for the Council;

• A guide and reference for Councilors in performing their duties as electedrepresentatives;

• A document that establishes clear guidelines for the day to day governance of theCouncil;

• A basis to monitor the performance of the Council and Administration in workingtowards excellence in governance.

The policies contained in the suite are;

ELM01 Council and Other Meetings PolicyELM02 Policy Official PhotographELM03 Presentations to Retiring Councillors PolicyELM04 Code of Conduct Policy for Councillors and Staff ELM05 Councillor Training/Conference PolicyELM06 Councillors /Staff Council Business Accommodation, Travel and Incidental

Expenses PolicyELM07 Conduct of Public Question Time / Deputations PolicyELM08 Order of Business — Ordinary Council Meeting Policy Standing Orders 2012ELM09 Council Briefing Forums PolicyELM10 Financial Sustainability PolicyELM11 Integrated Planning PolicyELM12 Workforce Planning and Management PolicyELM13 Use of Shire of Ashburton Common Seal Policy

Please Note:All policies are considered living documents and shall be reviewed from time to time.

All policies associated with this Governance Manual shall be presented to Council underseparate Agenda Items for Council approval.

ConsultationA/Chief Executive OfficerA/Executive Manager - Corporate ServicesRiskIdDepartment of Local GovernmentWALGALGMA

Statutory EnvironmentLocal Government Act 1995

Financial Implications

Nil




34

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 5 - Inspiring GovernanceObjective 3 - Council Leadership.

Policy Implications The review of the Governance Policies associated with this manual shall be presented toCouncil at its next meeting.


Council Decision


That Council withdraw item ‘11.2 Shire of Ashburton Governance Manual’ and refer the item to a workshop with Council at a time chosen by the Shire President and the A/Chief Execut ive Offi cer.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The Commissioner believed it wasappropriate for elected Council to workshop these policies before they are adopted.




35

11.3 POLICY REVIEW

ELM01 COUNCIL AND OTHER MEETINGS

ELM02 OFFICIAL PHOTOGRAPH

ELM03 PRESENTATIONS TO RETIRING COUNCILLORS

ELM04 CODE OF CONDUCT POLICY FOR COUNCILLORS, COMMITTEEMEMBERS AND STAFF

ELM05 COUNCILLOR TRAINING/CONFERENCE ATTENDANCE

ELM06 COUNCILLORS ACCOMMODATION, TRAVEL AND INCIDENTALEXPENSES WHILST ON COUNCIL BUSINESS

FILE REFERENCE: ELM01ELM02ELM03ELM04ELM05ELM06OR.CR.00.00(Superseded)


Leanne LindGovernance and Policy Officer


Not Applicable



The Author has no financial interest in this item.


Minute Number 12.05.22 Ordinary Meeting of Council 18November 1997Minute Number 12.07.1045 Ordinary Meeting of Council 11April 2006




36

SummarySection 2.7(2)(b) of the Local Government Act 1995 (“the Act”) states that the making of policy is a role of the Council.

PURPOSE: To ensure all reviewed policies reflect the Shire’s commitment to ensuring

best practice governance principles are applied and that Councillor’s observea high level of conduct as elected members.

EFFECT: These governance level policies have been reviewed by key stakeholders andthe Executive Managers.

The policies have been written to reflect the most up to date statutoryenvironment and formatted to reflect the Shire’s newly approved templatemodels.

BackgroundExisting Shire of Ashburton Policies reviewed are:

Policy No. Policy Name Last Review DateELM01 Council and Other Meetings 20 May 2008

ELM02 Official Photograph 20 May 2008

ELM03 Presentations To Retiring Councillors 20 May 2008

ELM04 Code Of Conduct Policy for Councillors, Committee

Members and Staff

11 April 2006

ELM05 Councilor Training 20 May 2008

ELM06 Councillors Accommodation, Travel and IncidentalExpenses whilst on Council Business

20 May 2008

SOA CEO 023 Councillor Travel Expense Claim Form

ATTACHMENT 11.3A

Comment The attached policies were presented at the Executive Managers meeting on 9 May 2013 as partof the Shire of Ashburton policy review process. Feedback from this meeting was incorporatedinto the policies and they were again presented to the Executive Managers meeting on 20 May2013. It was agreed that they be presented for adoption at the Council meeting on 5 June 2013.




37

The reviewed ELM policies are presented to Council for adoption.

Policy No. Policy Name Changes Made

ELM01 Council and Other Meetings

Policy (Corp_Gov)

Updated to reference Policy ELM06.

ELM02 Official Photograph

Policy (Corp_Gov)

No Changes made.

ELM03 Presentations To RetiringCouncillors

Policy (Corp_Gov)

Updated to included reference to LGA 1995s.5.100A.

ELM04 Code Of Conduct Policy forCouncillors, CommitteeMembers and Staff

Policy (Corp_Gov)

Updated to reflect the WALGA model, incorporatingthe Statutory Environment requirements.

ELM05 Councillor Training/ConferenceAttendance

Policy (Corp_Gov)

New policy name to include conferenceattendance.

Content of policy updated to better outline what isprovided for Councillors for their training andconference requirements within the StatutoryEnvironment.

ELM05 Procedure, Application, Expenditure andEvaluation Forms presented as separatedocuments.

Councillor Training/Conference

AttendanceProcedure

ELM05 Councillor Training/Conference Attendance

Procedure introduced as supporting documentationfor the ELM05 policy.

Councillor Training/ConferenceAttendance

Appl ication Form

ELM05 Councillor Training/Conference AttendanceApplication Form introduced as separatesupporting documentation for the ELM05 policy.




38


Expense and Travel Claim

Forms

SOA CEO 023 Councillor Travel Expense ClaimForm has been revised and a new ELM05Councillor Training/Conference AttendanceExpense and Travel Claim Form introduced as

supporting documentation for the ELM05 policy.


Evaluation Forms

ELM05 Councillor Training/Conference AttendanceEvaluation Forms introduced as supportingdocumentation for the ELM05 policy.

ELM06 Councillors Accommodation, Travel and IncidentalExpenses whilst on CouncilBusiness

Policy (Corp_Gov)

Content of policy updated to better outline what isprovided to Councillors for their training/conferencerequirements within the Statutory Environment.

ATTACHMENT 11.3B

ConsultationExecutive Management TeamManager – Organisational DevelopmentWALGA

Statutory Environment The Local Government Act 1995Local Government (Administration) Regulations 1996Planning and Development Act 2005Public Service Award 1992

Financial ImplicationsAs outlined within the Policy documents.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 05 – Inspiring Governance

Objective 03 – Council LeadershipObjective 04 – Exemplary Team and Work Environment

Policy ImplicationsUpdate of listed policies reviewed.





39

Council Decision


That Council w ithdraw item ‘11.3 Policy Review ELM01 Counci l And Other Meetings -

ELM02 Official Photograph - ELM03 Presentations to retiring Councillors - ELM04Code of Conduct Policy for Councillors, Committee Members and Staff - ELM05Councillor Training/Conference Attendance - ELM06 Councillors Accommodation,Travel and Incidental Expenses whilst on Council Business’ and refer the item to aworkshop with Council at a time chosen by the Shire President and the A/Chief Executive Officer.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The Commissioner believed it wasappropriate for elected Council to workshop these policies before they are adopted.




40

11.4 FINANCIAL MANAGEMENT AUDIT

MINUTE: 11545

FILE REFERENCE: FI.AU.12.13


Lisa HannaganA/Executive Manager - Corporate Services


Not Applicable





Agenda Item 12.05.34 Ordinary Meeting of Council 16 May2006

Summary To present the 2013 UHY Haines Norton Financial Management Review to Council.

Background

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

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

Comment The last Financial Management Review was undertaken by Horwath Auditors in 2006. Therefore, the Shire of Ashburton was non-compliant in respect to this matter. This wasraised in Recommendation 30 of the 2012 Probity Compliance Report.

UHY Haines Norton was appointed to undertake the review in March 2013. Their report wasreceived by the Shire of Ashburton in May 2013 and a full copy has been included in theAttachments to this agenda.

ATTACHMENT 11.4




41

The conclusion of the UHY Haines Norton report states that:

“Based on our work described in this report which is not an audit, nothing has come toour attention to indication the Shire of Ashburton has not established and maintained,in all material respects, appropriate and effective financial management systems and

procedures during the period 1 July 2012 to 28 February 2013.

Notwithstanding this, a number of areas have been noted as requiring attention inorder to improve the overall efficiency of the Shire of Ashburton’s financialmanagement systems and procedures.

For those aspects which were assessed as having opportunities for improvement, our findings are summarized as Part 3.0 of this report and detailed observations andcomments are located at Part 4.0 of this report.”

Below, for Councilor convenience, are the areas for noted in Section 3.0 as requiringattention so as to improve efficiency.

It is worth noting that some of these issues were raised by the 2012 Probity ComplianceReport and many have been addressed.

Finding StatusBank Reconciliations – transfer not cleared between Municipal andReserve Accounts

Outstanding

RatesRate notice/accompanying information did not include a necessarystatement regarding pensioner rates

Noted for 2013/14Rates

Purchases/Payables etc –1. On occasion purchase orders were not raised.2. Changes to creditors details in the system not adequately

supervised.

Ongoing training of staff in place.

Wages/SalariesChanges to employees’ details in the system were not adequatelysupervised.

New process in placeto ensure adequatesupervision of changes.

Credit Cards

Credit Card Policy not signed by card holders

Fully addressed (by

Probity Audit).

Cost and Administrative Allocations Allocation rates for Public Works Overheads and Plant OperatingCosts have not been regularly reviewed or adjusted.

Ongoing – will beaddressed in FY2013/14.

Minutes and Meetings Minutes of meetings of Committees’ were not signed by the personpresiding over the meeting at which the minutes were confirmed.

Addressed.

Financial Reports The 2012 annual report did not include information regarding

complaints.

Noted for futureAnnual Reports.




42

Financial Interests Register 1. Annual & Primary Returns contained blank sections;2. Section 2(a) of Annual Returns incorrectly completed;3. Annual returns were not dated and/or signed;4. Annual return were completed in advance or not completed

within the relevant reporting period;5. Annual & Primary returns were not properly acknowledged;6. Returns of Ex-Councillors and ex employees were not

removed;7. The extent of the interest disclosed was not always records.

These issues wereraised in the 2012Probity ComplianceAudit and have beenaddressed both by

DLG Councillor Training and anincreased focus ongovernance byOfficers.

Tender Register The register was not properly maintained with required information.

Also raised in the2012 ProbityCompliance Audit andfully addressed.

General Compliance and Other matters

1. Investment Policy – not compliant with amend regulation;and

2. No disaster recovery plan in place and copies of data fileswere not stored off site.

Investment Policy hasbeen reviewed.

Executive staff willundergo “DisasterRecovery” Training,and develop a Policyduring 2013/14 FY.

ConsultationA/Chief Executive OfficerA/Executive Manager - Corporate ServicesUHY Haines Norton

Statutory EnvironmentRegulation 5 Local Government (Financial Management) Regulations 1996

Financial Implications The cost of the Financial Management Audit was included in the 2012/13 Budget.


Policy Implications

Nil





43

Council Decision


That Council:

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

2. Directs the Chief Execut ive Officer to take action on the recommendationscontained in the report.

CARRIED 1/0




44

11.5 PROBITY AUDIT - FIN12 PURCHASING AND TENDER POLICYREVIEW 2013

MINUTE: 11546

FILE REFERENCE: AS.TE.01.13




Not Applicable





Agenda Item 17.4 Ordinary Meeting of Council 21 November2012Agenda Item 10.3 Ordinary Meeting of Council 12 December2012Agenda Item 17.1 Ordinary Meeting of Council 23 J anuary2013Agenda Item 17.2 Ordinary Meeting of Council 13 February

2013Agenda Item 17.2 Ordinary Meeting of Council 13 March 2013Agenda Item 17.1 Ordinary Meeting of Council 10 April 2013Agenda Item 17.1 Ordinary Meeting of Council 8 May 2013

SummaryAt the Ordinary Meeting of Council held on 21 November 2012 Council determined to“Accept the recommendations contained in the 2012 Probity Compliance Audit Report andundertakes to give priority to their implementation.”

Executive Managers met on Monday 3 December 2012 to develop a plan for dealing with the

issues raised in the report.

Shire Officers have methodically worked through the 41 Recommendations of the ProbityCompliance Audit 2012 Report and areas of concern have been reviewed, amended wherenecessary and put to Council.

BackgroundRecommendations 25 and 26 of the Probity Compliance Audit 2012 related to themaintenance of the Tender Register and a review of the Purchasing and Tender PolicyFIN12.




45

Comment The Shire of Ashburton Policy for Purchasing and Tenders (FIN12) has been reviewed andamended. As part of the review Process the proposed changes have also been reviewed bythe Executive Management Team.

Apart from the Policy, a process Flowchart has been developed to provide staff withadditional detail in their management of Tenders.

ATTACHMENT 11.5

ConsultationA/Chief Executive OfficerA/Executive Manager Corporate ServicesA/Administration ManagerPolicy & Governance OfficerRecords AdministratorPeer review of other Local Government Policies

Statutory EnvironmentRegulation 17 of the Local Government (Functions & General) Regulations 1996.

Financial ImplicationsNil


Policy ImplicationsPolicy Manual to be updated and staff advised via AIMs.





46

Council Decision


That Council adopt the reviewed policy FIN12 Purchasing and Tender Policy as per ATTACHMENT 11.5 with the fol lowing changes:

• In Section 4 Purchasing Thresholds tables for purchases up to $5,000 in theQuotes Required section replace with "Obtain two verbal quotations which areto be recorded in the "Verbal Quotation Form" and included with the purchaseorder when passed for payment”

• In Section 4 Purchasing Thresholds tables for purchases between $5,001 -$50,000 in the Quotes Required section replace with "Obtain at least threewritten quotations. Written quotations and included with the purchase order when passed for payment."

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: The changes provide greater transparency and purchases are conducted in a business like manner.




47

11.6 PROPOSED DIFFERENTIAL RATES 2013/14

MINUTE: 11547

FILE REFERENCE: FI.RA.00.00




Not Applicable





Agenda Item 12.06.32 Ordinary Meeting of Council 17 J une 2008.

Summary This agenda item discusses setting of Differential Rates for the 2013/14 Financial Year.

This report recommends increasing rates collection by $2.8 million in order to continue toservice the community need.

The proposed differential rate schedule must be advertised for a minimum of 21 days.. Thisperiod allows ratepayers the ability to consider the proposed rates and make anysubmissions prior to Council adopting the rates in the dollar as part of the budget adoptionprocess.

It is also necessary to obtain the Minister for Local Government’s approval due to highestdifferential rate being more than twice the lowest differential rate to be imposed.

BackgroundAt Council J une 2008 meeting (Item 12.06.32) the Officers report relating to rates settings

for the 2008/09 Financial Year, stated in part:

“It is further proposed that Council shift the significant weighting of rates collected fromthe individual “town based” rate payer to the mining and industrial sector...”

It was in this context that Council adopted a strategy of increasing the total rate incomefrom GRV properties and UV rated Rural Pastoral properties by 5 percent, which wasslightly above the Perth CPI for the period of 4.4 percent, and increasing rates for the UVrates Mining Leases by 25 percent in the dollar in an attempt to address the fact that UrbanGRV rated properties, in particular were paying a disproportionate portion of the Shires totalrate income, despite the fact “that much of Council infrastructure is being developed to meetthe demands of the mining industry”.




48

The below table represents the percentage distribution over the past three years

10/11

RatesLevied at

Billing

10/11 RatesLevied Actual

(includesInterim andBack Rates)

11/12

RatesLevied at

Billing

11/12 RatesLevied Actual

(includesInterim andBack Rates)

12/13

RatesLevied at

Billing

GRV% 44% 42% 39% 35% 34%

UV% 56% 48% 61% 65% 66%

This strategy is being continued for the 2013/2014 Budget with a GRV UV split moving to a30% and 70% basis respectively.

Detailed below is a comparison of Rates raised or levied over the last three years:

Rate Code Description

10/11 RatesLevied Actual(includesInterim andBack Rates)

11/12 RatesLevied Actual(includes Interimand Back Rates)

12/13Rates Leviedat Billing

Non Rateable

GRV IndustrialDevelopment 1,011.32 1,041.65GRV ResidentialDevelopment 4,751.56 4,592.43GRV Residential 2,822,992.77 2,903,500.65 3,332,249.23GRV Commercial

690,959.71 726,605.05 839,830.66GRV Tourism 28,161.98 29,006.58 33,355.66GRV Community 18,205.25 16,778.70 15,750.97GRV Industrial 57,206.28 68,558.44 75,656.15UV Pastoral 191,586.51 208,546.02 211,641.44UV Commercial 11,669.99 16,429.16 19,054.32UV Industrial 1,551,172.59 2,670,547.38 3,262,173.49UV Tourism 41,608.80 41,554.56 47,937.06UV Mining Leases 3,161,598.49 3,976,357.65 4,682,212.72

TOTAL LEVIED 8,580,925.25 10,663,518.27 12,519,861.70

% Total increase 16% 24% 17%

$ Total Increase $ 1,208,332.25 $ 2,082,593.02 $ 1,856,343.43

$ Total GRV 3,623,288.87 3,750,083.50 4,296,842.67

$ Total UV 4,957,636.38 6,913,434.77 8,223,019.03

% Total GRV 42% 35% 34%

% Total UV 58% 65% 66%




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CommentIn order to consider any increases in rates, the following tables reflect important information.

Table 1 outlines the Consumer Price Index (CPI) and Local Government Cost Index (LGCI)indices.

The LGCI is used by Local Governments across Western Australia to communicatemovements in the cost to deliver services over time. It is essentially a measure of inflationthat applies to Local Government expenditure, in the same way that the CPI measuresmovements in the cost of goods and services purchased by households.

Table 1

2010/11Actual

2011/12Actual

2012/13Forecast

2013/14Forecast

CPI 1.10% 3.50% 3.25%

LGCI 2.60% 3.40% 3.60% 3.20%

Source: WALGA Local Government Economic Briefing – March 2013

It is the view of the Administration that a further 4% needs to be added to the LGCI to reflectthe circumstances in the Pilbara.

Council is also experiencing additional pressures arising from the activity in the Shire. Theunprecedented influx of infrastructure funding has increased workloads in many areas hasnecessitated the employment and accommodation of more and highly skilled staff. It hasalso meant the Shire has to make matching contributions to enable projects to proceed.

Once these new facilities have been created additional maintenance and running costs areincurred (the development of the Asset Management Plan, Workforce Plan and Long Term

Financial Plan will highlight these issues).

The differential rates in the dollar proposed, are an attempt to balance the need for revenuerequired to fund essential services, facilities and infrastructure and an equitable distributionof rates.

Land uses in the Ratebook have not been analysed for quite some time, however recentreview of property movements, land uses and their definitions has resulted in a number of properties moving from one rate code to another in 2013/14.

The major impact of the review can be seen in revenue for the GRV Industrial properties.

The Administration has also reviewed the structure of the rate codes to develop a model forfuture rating.




50

Detailed below is a model based on information in the database as at 21st May 2013, andpropose the following for consideration by Council.

Rate Code Descrip tion Rate in the $ Total Revenue

GRV Residential 0.037000 3,573,848.23

GRV Commercial 0.046250 756,749.95

GRV Tourism 0.046250 41,699.00

GRV Community 0.037000 24,092.82

GRV Industrial 0.046250 243,824.85

GRV Workers Accommodation Facilities 0.046250

UV Pastoral 0.039374 289,424.58

UV Commercial 0.393744

UV Industrial 0.393744 4,093,025.78

UV Tourism 0.196872 67,920.84

UV Mining Leases 0.393744 6,276,034.41Minimum Payment $600.00

TOTAL 15,366,620.46

% Total increase on 12/13 rates levied at billing 23%

$ Total increase 12/13 rates levied at billing $ 2,846,758.76

$ Total GRV 4,640,214.85

$ Total UV 10,726,405.61

% Total GRV 30%

% Total UV 70%

GRV Commercial / Industrial / Tourism $0.046250Last year saw the rate in the dollar for these categories set at different individual rates. Thiswas done so that each rate code’s total revenue would only increase by a uniform amount.After the GRV revaluation, rates in these areas could have increased significantly withoutthis adjustment.

For the new 2013/14 financial year, we propose to have the same rate in the dollar for theserate code categories. This would mean that Commercial will contribute 5%, Industrial 1%

and Tourism 1%, totaling approximately 7% of revenue required to meet the budgetrequirements of Council.

This rate in the dollar has been set higher to acknowledge the heavier use of infrastructureand other Council asset and services by Commercial/Industrial and Tourism properties. It willalso be the basis from which other GRV differential rates in the dollar will be calculated.

GRV Workers Accommodation Facilities $0.046250A new rate code has been introduced to capture all mining camps that may become rateableon a GRV basis throughout the financial year.

This rate in the dollar will be the same as the rate in the dollar set for GRV Commercial /

Industrial and Tourism.




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GRV Residential / Community $0.037000We propose to set these two rate codes at twenty percent (20%) less than that of GRVCommercial / Industrial / Tourism to recognise the impact these properties have on Shireinfrastructure and amenities.

The total amount of revenue that residential properties will contribute has increased by 7%from the 2012/13 financial year to ensure a fair distribution of rates income.

This means that Residential properties are contributing approximately 22% of total revenuerequired to meet the budget requirements of Council. Community properties will contributeapproximately 1%.

UV Mining Leases / Commercial / Industrial $0.393744We propose for the new 2013/14 financial year, to have the same rate in the dollar for theserate code categories. This would mean that Mining will contribute 40% andIndustrial/Commercial 27%, totaling approximately 67% of total revenue required to meetbudget requirements of Council.

This rate in the dollar has been set higher to acknowledge that much of Councilsinfrastructure is being developed to meet the demands of these industries. it will also be thebasis from which other UV differential rates in the dollar will be calculated.

UV Tourism $0.196872We propose to set this rate code at fifty percent (50%) less than that of UV Mining Leases /Commercial / Industrial, to recognise the impact these properties have on Shireinfrastructure and amenities.

The contribution of revenue from this rate code will be approximately 1%.

UV Pastoral $0.039374We propose to set this rate code at ninety percent (90%) less than that of UV Mining Leases/ Commercial / Industrial, to recognise the impact these properties have on Shireinfrastructure and amenities.

The contribution of revenue from this rate code will be approximately 2% which is areasonable balance between fairness and requirements.

Mining Payment This has also increased from $550 to $600. The proposed minimum payment ensures thatall ratepayers are contributing an equitable amount, regardless of their property value, for

services provided by the Shire.

The proposed differential rate schedule must be advertised for a minimum of 21 days. Thisperiod allows ratepayers the ability to consider the proposed rates and make anysubmissions prior to Council adopting the rates in the dollar as part of the budget adoptionprocess. It is also necessary to obtain the Minister for Local Government’s approval due tohighest differential rate being more than twice the lowest differential rate to be imposed.

The first day it is possible to publically advertise the proposed rates in dollar, is Saturday 15 J une 2013 and allowing for 21 days, the advertising would be completed on 8J uly 2013.After allowing time for Ministerial approval this would allow Council to adopt the 2013/14Budget at a Special Meeting of Council in late J uly 2013.




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ConsultationExecutive Management TeamDepartment of Local Government

Statutory Environment

Local Government Act 1995, Part 6, Division 6 – Rates and Service Charges, Sections 6.32,6.33, 6.35 and 6.36.- Section 6.32 of the Local Government Act 1995 provides Council with the power to

apply rates to property;- Section 6.33 of the Local Government Act 1995 provides Council with the power to

apply differential general rates although Ministerial approval is required where adifferential rate is more than the lowest differential rate to be imposed;

- Section 6.35 of the Local Government Act 1995 provides Council with the power toapply a minimum payment which is greater than the general rate which wouldotherwise be payable on that land;

- Section 6.36 of the Local Government Act 1995 requires Council to give public noticeof its intention to impose differential rates, inviting submissions within 21 days (or

more is desired). Council is also required to consider any submissions received priorto imposing the proposed rate or minimum payment.

-Part 5 of the Local Government (Financial Management) Regulations 1996.

Financial Implications The rate level set by Council will underpin its ability to provide services and facilities for the2013/14 Financial Year and into the future.

Strategic Implications The rate level adopted by Council will affect the Shire’s ability to deliver on all aspects of theStrategic Plan.

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

Voting RequirementAbsolute Majority Required




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Council Decision


That Council:

1. Advertise its intention, in accordance with section 6.36 of the Local Government Act 1995, to adopt the fo llowing rates in the do llar and minimum rates for thedif ferential rating categories specified for the 2013/14 Financial Year:

Rate Code Descrip tion Rate in the $

GRV Resident ial 0.037000

GRV Commercial 0.046250

GRV Tourism 0.046250

GRV Community 0.037000

GRV Industr ial 0.046250

GRV Workers Accommodation Facilit ies 0.046250

UV Pastoral 0.039374

UV Commercial 0.393744

UV Industr ial 0.393744

UV Touri sm 0.196872

UV Mining Leases 0.393744

Minimum Payment $600.00

2. If no objections are received apply to the Minister of Local Government andRegional Development to approve Council in imposing the Schedule of Ratesoutlined in point 1 above.

CARRIED BY ABSOLUTE MAJORITY 1/0




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12. STRATEGIC & ECONOMIC DEVELOPMENT REPORTS

12.1 PROPOSAL TO CHANGE PURPOSE OF RESERVE 39206 & 39277

MINUTE: 11548

FILE REFERENCE: RE.TP.R.39277


Emma HeysA/Economic and Land Development Manager


Not Applicable

DATE REPORT WRITTEN: 23 April 2013




Not Applicable

Summary

Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 GregoryLocation 55, Tom Price Paraburdoo Road are currently vested in the Shire of Ashburton forthe purposes of “Pistol Club and Range” and “Rifle Range and Club” respectively.

The Tom Price Branch Sporting Shooters Association of Australia (WA) Inc (TPSSA)currently holds a lease over the above reserves and has requested to change the purpose of both reserves to a more generic purpose of “Shooting Complex.”

Council support is sought to cancel one of the reserves and accept a management orderover both lots, under one remaining reserve number with the power to lease, with theproposed new purpose of “Shooting Complex”, as per the recommendations received fromthe Department of Regional Development and Lands.

BackgroundReserve 39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 GregoryLocation 55, Tom Price Paraburdoo Road are currently vested in the Shire of Ashburton forthe purposes of “Pistol Club and Range” and “Rifle Range and Club” respectively.

A licence agreement exists between the TPSSA and the Shire of Ashburton for Reserve39206 Gregory Location 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55,

Tom Price Paraburdoo Road for the stated purposes. ATTACHMENT 12.1A




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On 28 August 2012 the TPSSA made a formal request to the Shire of Ashburton to changethe purposes of both reserves from “Pistol Club and Range” and “Rifle Range and Club” inorder to allow the development of new club rooms and facilities under a common purposes.

Advice was sought from the Department of Regional Development and Lands (RDL) as to

the process involved in changing the purpose of both reserves. A response from RDL wasreceived on 10 April 2013, which stated:

“…Please be advised that the Department of Regional Development and Lands (RDL)has no objection to the proposal. Prior to any further action from this office, RDL requeststhat Council pass a resolution to:-

Relinquish management over both reserves;Cancel one of the reserves (as chosen by Council); and Accept a management order over both lots under the remaining reserve number with theproposed new purpose of “Shooting Complex.”

ATTACHMENT 12.1B

The TPSSA has advised that Reserve 39206, Gregory Location 51 Tom Price ParaburdooRoad is not currently used and only houses a structure that has been condemned and isearmarked for removal.

CommentCouncil support is now being sought to:

1. Relinquish the existing management orders over reserves Reserve 39206 GregoryLocation 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, TomPrice Paraburdoo Road;

2. Cancel Reserve 39206 Gregory Location 51, Tom Price Paraburdoo Road as the TPSSA has advised that this reserve is currently not used for any purposes and onlyhouses a condemned structure;

3. Apply to RDL for a management order over both lots, being Gregory Location 51 and55 respectively, under the remaining reserve number of Reserve 39277 GregoryLocation 55, Tom Price Paraburdoo Road, with the power to lease with the newproposed purpose of “Shooting Complex”.

ConsultationExecutive Manager – Community DevelopmentA/Economic and Land Development Manager

Department of Regional Development and Lands

Statutory EnvironmentLand Administration Act 1997Local Government Act 3.54 Reserves Under the Control of local government


Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 1 - Vibrant and Active Communities

Objective 2 - Active People, Clubs and Associations




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Council Decision


That Council:

1. Relinquish the existing Management Orders over Reserve 39206 GregoryLocation 51, Tom Price Paraburdoo Road and 39277 Gregory Location 55, TomPrice Paraburdoo Road;

2. Request the cancellation of Reserve 39206; from Department of Regional

Development and Lands for a Management order 3. Apply to the Department of Regional Development and Lands for a

Management Order for the purpose of Shooting Complex witrh the power tolease over both Reserves, under the remaining Reserve number of 39277,Gregory Location 55, Tom Price Paraburdoo Road.

4. Delegate authority to the Acting Chief Executive Officer to enter into a Lease Agreement with the Tom Price Sport ing Shooters Associat ion for the purposeof a “ Recreation - Shooting Complex.”

5. Authorise the Commissioner and the A/Chief Execut ive Officer to affix thecommon seal of the Shire of Ashburton to the documentation.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: This change allows for other activities to occur on this Reserve into the future.




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12.2 AWARD RFT 05/13 LEASE OF PREMISES FOR PORTION OF LOT 811 ASHBURTON COURT, PARABURDOO

MINUTE: 11549



Emma HeysA/Economic and Land Development Manager


Not Applicable





Agenda Item 12.1 Ordinary Meeting of Council 13 February2013

Summary The Shire received one valid submission for RFT 05/13 Lease of Premises for Portion of Lot811 Ashburton Court, Paraburdoo.

Permission is sought from Council to accept this submission and delegate authority to theActing Chief Executive Officer to enter into a Lease Agreement for a 24 month period withthe successful tenderer.

BackgroundPortion of Lot 811 Ashburton Court, Paraburdoo, previously occupied by CPS CommunityAustralia, became vacant in February 2013. At the 13 February 2013 Council Meeting,Council approved the tender to lease for portion of Lot 811 Ashburton Court Paraburdoo.

The tender was advertised on 13 April 2013 and closed on 9 May 2013. One tendersubmission was received from:

1. Mr Richard Crooks for $1800.00 per calendar month (excluding GST)

A market appraisal of rental values in Paraburdoo is difficult to obtain given the lack of

comparable properties available for rent. Therefore the previous rental rate received from

CPS Community Australia, of $1829.30 per calendar month (excluding GST) is the best

comparison in determining value for money.




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CommentIn the tender Mr Richard Crooks indicated the proposed use for the portion of Lot 811Ashburton Court Paraburdoo as a “Café style shop with a small dine in area and takeaway”.

As per the conditions of the Lease, any required fit out of the premises will be at the

Lessee’s expense.

The standard Lease document used by the Shire of Ashburton provides for CPI increases to

the rent charged, on a yearly basis at clause 6.2.

ConsultationA/Economic and Land Development ManagerA/Partnership/Revitalisation Manager

Statutory EnvironmentLocal Government Act 1995 S3.58 ‘Disposing of Property’.

Financial Implications The total value of the Lease is likely to net Council $43,200 over the 24 month period.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 02 – Active Clubs, People and AssociationsObjective 01 – Strong Local Economies



Council Decision


That Council:

1. Accept the tender submission for Lease of Premises for Lot 811 AshburtonCourt, Paraburdoo, from Mr Richard Crooks for a 24 month period at rental of

$1,800 per month.

2. Delegate authority to the Acting Chief Executive Officer to enter into a Lease Agreement with Mr Robert Crooks for Lot 811 Ashbur ton Court , Paraburdoo for the purposes of a “ Café style shop” for the nominated period of 24 months.

3. Authorise the Commissioner and the A/Chief Executive Officer to affix thecommon seal of the Shire of Ashburton to the documentation.





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12.3 PROPOSED FUNDING APPLICATION FOR NEW NEIGHBOURHOODCENTRE IN PARABURDOO

MINUTE: 11550

FILE REFERENCE: PA.DG.0615


Anika SererActing Partnership/Revitalisation Manager


Not Applicable





Agenda Item 12.6 (Minute No. 11351) – Ordinary Meeting of Council 21 November 2012;Agenda Item 15.3 (Minute No. 11294) - Ordinary Meeting of Council 19 September 2012;Agenda Item 15.1 (Minute No. 11100), Ordinary Meeting of Council 14 December 2011

SummaryPilbara Development Commission (PDC) has advised there is a possibility of a funding roundin the next 2-3 months for shovel-ready projects in the Pilbara. The details and value of funding has not been confirmed yet but is expected to be less than $10 million availableacross the region.

It is proposed to submit an Expression of Interest and supporting documentation to constructthe Neighbourhood Centre in Paraburdoo, endorsed as part of the Paraburdoo CommunityHub concept at the November 2012 Council Meeting, for consideration by PDC should thefunding round be confirmed.




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Background The Paraburdoo Community Hub concept plan was developed by the Shire in conjunctionwith extensive community consultation, stakeholder engagement and consultants (CreatingCommunities and Roxby Architects). Existing recreation and community facilities inParaburdoo have either reached the end of their usable life, or are not fit for purpose. The

Community Hub aims to address these needs through the provision of new facilities in acentralised location including:

1. Child Care Centre – 72 place child care including after-school care (est. cost $3.9million, funding for this has been identified and is being progressed)

2. Neighbourhood Centre – new facilities for Karingal Neighbourhood Centre includingmeeting rooms, not-for-profit service areas, toy library, op shop, consultant andhealth service rooms (est. cost $2.7 million, this facility is the subject of this report)

3. Multi-purpose Sports Facility – indoor basketball/netball courts, function centre,squash courts, administration, meeting rooms, change rooms, spectator viewingareas (est. cost $7.2 million)

4. Sporting Clubhouse – indoor/outdoor spectator areas, function room, kitchen, bar,

change rooms, umpire/first aid facilities (est. cost $1.2 million)5. Shared pool and oval sports facilities – change rooms, storage facilities (est. cost

$1.67 million)6. Upgraded external areas including shade, carparking etc (est cost $3.4 million)

The total cost of the new facilities has been estimated (by quantity survey) at around $21million, however this does not include certain headworks such as power upgrades orcontingencies.

The Hub concept design and estimated costs was endorsed by Council at the OrdinaryMeeting held on 21 November 2012. Following this an Expression of Interest was submittedto PDC seeking funding of $9.5 million toward the development of the Hub in its entirety.

Feedback from PDC in relation to the EOI has indicated that this level of funding is notcurrently available, and the smaller funding round that may be approved would be expectedto address more than one project/application (ie it is highly unlikely that it would applied inentirety to the Paraburdoo Community Hub).

CommentBased on advice from PDC, and the likelihood that the next funding round available fromRoyalties for Regions will be less than $10 million, it is considered appropriate to prepareand submit a new EOI for one component of the Hub. The Neighbourhood Centre, with aconstruction cost of approximately $3.5 - $4 million (including headworks, external works

and detailed design) best addresses the objectives of Royalties for Regions funding:“improving economic and social infrastructure and services in the Pilbara through fundingprojects that will assist in attracting investment, increase jobs or assist in improving thequality of life in the region.”

Karingal Neighbourhood Centre currently operates out of a house and small hall provided byRio Tinto, but the facilities are cramped and not fit for purpose. The Centre provides anumber of services and facilities including Centrelink, playgroup, Op Shop, toy library, andhealth/services consultant rooms however the uses often conflict with each other (egremedial therapy or counselling in a room next to playgroup), the facilities are notappropriate and services are restricted due to lack of space.




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New, fit-for-purpose facilities including appropriate counselling rooms, playgroup and parentsupport areas, offices, etc will enable the provision of much-needed services such as mentalhealth support, counselling, visiting para-health and family support specialists, legal andfinancial support, and other similar services not currently available. New children-orientedrecreation areas will ensure that the facilities meet current building, health and safety

requirements. The location in the centre of town is also considered more appropriate forthese services (the current facility is on the outskirts of Paraburdoo).

ATTACHMENT 12.3

The Community Hub has been designed in such a way that the facilities are independent of each other and can be constructed in stages. The Neighbourhood Centre addresses themost immediate health, services and not-for-profit needs of the community and is thereforeconsidered the first priority, and most likely to achieve funding in the next R4R round if it isreleased.

It is the Shire’s intention to continue to explore and identify funding sources for the othercomponents of the Hub, including future Royalties for Regions rounds, Lotterywest,

Department of Sport and Recreation and industry partners. This will allow the stagedconstruction of the Hub to progress as appropriate funding is secured for each facility.

It should be noted that the EOI process is an opportunity for PDC to review potential projectsand advise of their suitability for future funding rounds, it is not an application for funding.Should the next funding round be confirmed, and the EOI for the Neighbourhood Centre beapproved by PDC, a formal funding application will then be prepared, endorsed by Counciland submitted.

ConsultationA/Chief Executive OfficerExecutive Manager – Strategic & Economic DevelopmentExecutive Manager – Community DevelopmentPilbara Development Commission (PDC)

Statutory EnvironmentNone Identified.

Financial Implications The Paraburdoo Community Hub has been identified in the Long Term Financial Plan forconstruction between 2013 – 2015 subject to funding.

Strategic Implications

Shire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 01 – Vibrant and Active CommunitiesObjective 01 – Connected, Caring and Engaged CommunitiesObjective 02 – Active People, Clubs and Associations

Goal 02 – Enduring PartnershipsObjective 02 – Enduring Partnerships with Industry and Government

Goal 04 – Distinctive and Well Serviced PlacesObjective 01 – Quality Public InfrastructureObjective 03 – Well Planned Towns




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Policy ImplicationsAMP1 – Asset Management Policy

This will be taken into consideration during the formal application process should the fundinground be confirmed and EOI approved.


Council Decision


That Council:

1. Approves the preparation and submission of an Expression of Interest andsupporting documentation to Pilbara Development Commission to fund

construction of the Paraburdoo Neighbourhood Centre as part of theParaburdoo Community Hub.

CARRIED 1/0




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12.4 PROPOSAL TO CHANGE PURPOSE OF RESERVE 39339 ONSLOWTO 'COMMUNICATIONS SITE'

MINUTE: 11551

FILE REFERENCE: RE.SE.R.36933


Zoe McgowanProject Officer


Not Applicable





Not Applicable

SummaryReserve 39339, located on Watson Avenue, Onslow, is currently vested in the Shire of Ashburton and reserved as a “Radio Transmitter Site”. Council support is sought to change

the purpose of the Reserve to “Communications Site”

BackgroundReserve 39339 is located at lot 696 Watson Avenue, Onslow WA 6710, and has an area of 1796m2.

Currently this reserve houses Onslow’s self-help retransmission tower and an air conditionedhut for equipment storage. The tower and its associated equipment provide the Onslowcommunity with radio services such as J J J , Gumula, 666 Hot FM and Gospel Radio, andtelevision channels such as GWN and WIN.

These services have been provided by Council to the local residents for a number of years.

CommentReserve 39339 is currently vested in the Shire of Ashburton and is reserved as a “RadioTransmitter Site”. It currently serves as a retransmission site for analogue radio and digitaltelevision services to the Onslow Township.

To ensure that the future needs of the community are met, it has been identified that reserve39339, is situated in an attractive location for any further communication requirements, dueto it elevation above sea level and its existing power supply.




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The proposed change of purpose has been forwarded to the Department of RegionalDevelopment and Lands for their support and they have approved the change, on thecondition that the current management order is revoked and a new order issued for thepurpose of “Communications Site”.

Council’s endorsement of the proposed change is required, to support the Department of Regional Development and Lands to formalise the new management order and lodge thechange with Landgate.

ConsultationDepartment of Regional Development and Lands (RDL)Executive Manager - Strategic & Economic DevelopmentEconomic & Land Development Manager

Statutory EnvironmentRadio Communications Act 1992

Tele Communications Act 1997

Broadcasting Services Act 1992


Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 04 – Distinctive and Well Serviced PlacesObjective 03 – Well Planned Towns



Council Decision


That Council agrees with changing the purpose of Shire Reserve 39339 from "RadioTransmitter s ite" to “ Communications site” and endorses the Department of Regional

Development and Lands issuing a new management order to the Shire.

CARRIED 1/0




65

13. TECHNICAL SERVICES REPORTS

13.1 REQUEST FROM WATERCORP TO ESTABLISH AN EASEMENT FORTHE PURPOSE OF WATER PIPELINE ALONG THE BOUNDARIES OF

LOTS 105 (RESERVE 38264) AND 303 (RESERVE 19291), ONSLOWROAD, ONSLOW

MINUTE: 11552

FILE REFERENCE: RE.OA.R.38264RE.AR.R.19291


Rob PaullPrincipal Town Planner


Water Corporation




PREVIOUS MEETING

REFERENCE:

Agenda Item 13.6 (Minute 11440) Ordinary Meeting of

Council 15 February 2013

SummaryAt the Ordinary meeting of 15 February 2013, Council was advised that WaterCorp isupgrading the water supply for Onslow.

At that stage the routes of a proposed pipeline in/out of the new Onslow tank were to be inthe service corridor of the new Onslow town access road with a new route being investigatedthrough Reserve 38264 (Lot 85), which is vested in the Shire of Ashburton for equestrianpurposes. This required an easement be created for the pipeline and Council offered noobjection.

Since WaterCorp’s original request, their design consultants have reviewed the route andare now proposing an alignment along the boundaries of lots 105 (Reserve 38264) and 303(Reserve 19291). The reasoning provided is that the pipeline will be clear of the new accessroad and be in a more direct route to existing mains in Onslow Road.

Due to the development expansion of Onslow to be undertaken by LandCorp, the views of LandCorp on the request were sought and no objection is offered to WaterCorp’s revisedaccess.

Accordingly, it is recommended that Council offer no objection to the request for theproposed amended pipeline route along the boundaries of lots 105 (Reserve 38264) and303 (Reserve 19291) provided WaterCorp is responsible for all costs associated with theestablishment of the easement.




66

BackgroundAt the Ordinary meeting of 15 February 2013, Council was advised that WaterCorp isupgrading the water supply for Onslow.

At that stage the routes of a proposed pipeline in/out of the new Onslow tank were to be inthe service corridor of the new Onslow town access road with a new route being investigatedthrough Reserve 38264 (Lot 85), which is vested in the Shire of Ashburton for equestrianpurposes.

This required an easement be created for the pipeline and Council offered no objection:

“That Council:

1. Advise WaterCorp that with respect to its request to establish an easement for a water pipeline through Reserve 38264 (Lot 85 and vested in the Shire of Ashburton for equestrian purposes) generally as shown in ATTACHMENT 13.6, Council has no

objection provided WaterCorp:

a) provides accurate plans clarifying that the proposed pipeline does not impact thefuture alignment of the new Onslow Road; and

b) is responsible for all costs associated with the establishment of the easement.”

ProposalSince WaterCorp’s original request, their design consultants have reviewed the route and arenow proposing an alignment along the boundaries of lots 105 (Reserve 38264) and 303(Reserve 19291).




67

A complete Plan is included as ATTACHMENT 13.1

CommentLots 105 (Reserve 38264) is vested in Council for ‘Equestrian Purposes’ while Lot 303(Reserve 19291) is vested in Council for the purposes of ‘Common’.

Approximate pipel ine route




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The reasoning provided is that the pipeline will be clear of the new access road and be in amore direct route to existing mains in Onslow Road. By Email dated 22 May 2013, WaterCorp’sProject Manager advised:

“The Water Corporation’s preferred option of an easement is along the boundary of Lots 105

and 303, as shown on the attached drawing titled “Proposed Tank site and DN375 PVC PipeRoute”, because of the following:

• This is a definite location along existing boundaries making it easier to identify.Development design in this area is still being worked any may change anyway.

• Water Corp planning designated this location and design is well progressed on thisscenario.

• Surveys carried out as part of external approvals were based on this location. It has alsobeen included in the current Preliminaries to Works Proposal.

• Ben Graham from LandCorp has advised, (in his email below), that although this is nothis preferred location, he will support it.

• Historically, this was the original location of the pipework. The alignment was changed to

run south/west, parallel to the new access road, through lot 85 and cross Onslow Rdnear the cemetery. This proposed easement was approved by the Shire Council on25/2/2013 (letter attached).

Since this time however, it was realised that the design for the access road had not started anddelivery date was unknown. Also the impact of a new intersection and the proposed airportsubdivision was unknown. The decision was then made to revert to the original location, alonglots 105/303 as the quickest option so as to limit delays on the water supply upgrade works.

Therefore, I now seek Council preliminary approval for a 20m wide easement along theboundaries of lots 105 and 303, as shown on the attached drawing.”

Due to the development expansion of Onslow to be undertaken by LandCorp, the views of LandCorp were sought and no objection is offered to WaterCorp’s revised access along theboundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291).

It is recommended that Council offer no objection to the request for the pipeline route along theboundaries of lots 105 (Reserve 38264) and 303 (Reserve 19291) ( ATTACHMENT 13.1)provided WaterCorp is responsible for all costs associated with the establishment of theeasement.

ConsultationA/Chief Executive Officer

A/ Executive Manager - Technical ServicesProject Manager LandCorp

Statutory EnvironmentPlanning and Development Act; andLand Administration Act 1995

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

Strategic ImplicationsShire of Ashburton 10 Year Community Plan 2012-2022

Goal 04 – Distinctive and Well Serviced PlacesObjective 03 – Well Planned Towns




69

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

Voting Requirement

Simple Majority Required

Council Decision


That Council:

1. Advise WaterCorp that with respect to its request to establish an easement for a water pipeline along the boundaries of lots 105 (Reserve 38264) and 303(Reserve 19291) generally as shown in ATTACHMENT 13.1 Council has noobjection provided WaterCorp is responsible for all costs associated with the

establishment of the easement.

CARRIED 1/0




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13.2 REQUEST FROM BHP BILLITON PETROLEUM PTY TO ALLOW THEMACEDON DOM GAS TRANSIENT CONSTRUCTION WORKFORCE ACCOMMODATION CAMP TO REMAIN FOR A NON BHPB CAMPOPERATOR

MINUTE: 11553

FILE REFERENCE: RD.OG.2.720101070 (P)20120411 (P)



NAME OF APPLICANT/

RESPONDENT:

BHP Billiton Petroleum Pty Ltd





Agenda Item 9.08.01 Special Meeting of Council 4 August2010

SummaryPlanning Approval for construction of BHP Billiton Petroleum’s Macedon gas treatment andcompression plant along with associated transient workforce accommodation and privateroad (Shire Ref: 20101070) was issued by the Shire under delegated authority on 10November 2010.

The Approval provided for a temporary construction camp to accommodate the workforce (of up to 300 persons) during the construction period. Conditions associated with the PlanningApproval involved linking the transient workforce accommodation to the Macedondevelopment by written Agreement as follows:

“The transient workforce accommodation shall be used only for theaccommodation of construction staff. Maintenance staff will also be permitted butonly for a 2 week period (after 12 months of operation) when the plant is closeddown for maintenance activity. The transient workforce accommodation will be atemporary camp facility and remain in-situ for a total period 4 years or other asagreed to by the Chief executive Officer. All operational staff shall reside inOnslow.”

On 16 February 2013, an additional 64 room transient workforce accommodation for theMacedon development was approved under delegation. It is understood that construction of the Macedon gas treatment and compression plant is nearing completion. This PlanningApproval was linked to the removal of accommodation under Planning Approval 20101070.




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BHP Billiton Petroleum has now requested that the transient workforce accommodationcamp to remain for a further four years or as otherwise agreed between the Chief ExecutiveOfficer and any new camp operator. The request does not specify the future ‘camp operator’.

In addition, BHP Billiton Petroleum has requested “….. confirmation from the Shire of

Ashburton that BHPBP will be released from the planning approval conditions upon thetransfer or surrender of the accommodation camp to the extent that the planning approvalconditions relate to the accommodation camp”.

Approval of the transient workforce accommodation has been for the construction of theMacedon development, as was reflected in the original Application. The purpose of the timelimitations placed on BHP Billiton Petroleum’s transient workforce accommodation camp wasto ensure that it was ‘temporary’ and solely linked to development of the Macedon facility.

For an independent accommodation facility to be established within proximity of an operatingdomestic gas plant such as Macedon, Council and the community would need to be givencategorical assurances from the operator and the State of Western Australia that the safety

of occupants could be established and maintained.

In addition, the request of BHP Billiton Petroleum to essentially remove responsibility for thecamp and “…be released from the planning approval conditions upon the transfer or surrender of the accommodation camp to the extent that the planning approval conditionsrelate to the accommodation camp” is not possible under the provisions of the Scheme.

Accordingly, it not considered appropriate or available to Council to agree to BHP BillitonPetroleum’s request to allow the transient workforce accommodation camp to remain for afurther four years under new camp operator under the existing Planning Approvals.

However, it would be possible for BHP Billiton Petroleum to move the accommodation unitsto Chevron’s or LandCorp’s transient workforce accommodation sites within the ANSIA.

BackgroundCouncil at the 4 August 2010 Special Meeting considered two applications for PlanningApproval involving construction of the Macedon gas treatment and compression plant alongwith associated transient workforce accommodation and private road (Shire Ref: 20101070).

Council resolved not to oppose the issue of Planning Approval for the above applicationssubject to conditions as addressed in the Shire report. Council was unable to determine theapplications until the Minister for Environment had considered the Environmental Protection

Statement level of assessment (and resolved any objections) on the proposal by BHP BillitonPetroleum Pty Ltd for the Macedon Gas Development.

Council authorised the Chief Executive Officer to determine the Application once the Minister forEnvironment’s decision provided the opportunity to consider the matter.

A copy of the Minutes from Special Meeting of Council 4 August 2010 is included as

ATTACHMENT 13.2A




72

Planning Approval for construction of BHP Billiton Petroleum’s Macedon gas treatment andcompression plant along with associated transient workforce accommodation and private road(Shire Ref: 20101070) was issued by the Shire under delegated authority on 10 November2010. The Approval provided for a temporary construction camp to accommodate the workforce(of up to 300 persons) during the construction period. Conditions associated with the Planning

Approval involved linking the transient workforce accommodation to the Macedon developmentby written Agreement as follows:

“The transient workforce accommodation shall be used only for the accommodation of construction staff. Maintenance staff will also be permitted but only for a 2 week period(after 12 months of operation) when the plant is closed down for maintenance activity. Thetransient workforce accommodation will be a temporary camp facility and remain in-situ for a total period 4 years or other as agreed to by the Chief executive Officer. All operationalstaff shall reside in Onslow.”

ATTACHMENT 13.2B

Since the issue of Planning Approval 20101070, the Ashburton North Strategic Industrial

Area Special Control Area has been introduced into the Shire of Ashburton Local PlanningScheme (‘Scheme’) which includes the following planning requirement:

Transient workforce accommodation associated with any use or development within theANSIA will not be permitted other than as provided for in the ANSIA Structure Plan. (Source:Appendix 11; Planning Requirements). The ANSIA Structure Plan only provides for transientworkforce accommodation at Chevron’s or LandCorp’s temporary transient workforceaccommodation sites within the ANSIA. In addition, Council has adopted Amendment No. 17to the Scheme that rezones the Macedon site and camp ‘Strategic Industry’ zone and whichprohibits transient workforce accommodation camps (which is still to be Gazetted).

On 16 February 2013, an additional 64 room transient workforce accommodation for theMacedon development was approved under delegation. The Approval merely added to thenumber of units but did not expand the site under Planning Approval 20101070. It isunderstood that construction of the Macedon gas treatment and compression plant is nearingcompletion. This Planning Approval was linked to the removal of accommodation underPlanning Approval 20101070.

ProposalBHP Billiton Petroleum has now requested that the transient workforce accommodationcamp to remain for a further four years or as otherwise agreed between the Chief ExecutiveOfficer and any new camp operator. The request does not specify the future ‘camp operator’.

In addition, BHP Billiton Petroleum has requested “….. confirmation from the Shire of Ashburton that BHPBP will be released from the planning approval conditions upon thetransfer or surrender of the accommodation camp to the extent that the planning approvalconditions relate to the accommodation camp”.

ATTACHMENT 13.2C




73

CommentApproval of the transient workforce accommodation has been for the construction of theMacedon development and which reflected the purpose as provided for in the originalApplication. It is clear that the linkage of the camp and the development of Macedon was asignificant component of the original application. From the Report to Council for the Special

Meeting, the following comment was provided by Shire Administration:

“It intended that any Planning Approval have arrangements that would minimise impactson the town through BHP Billiton limiting access to workers during the constructionperiod. However, as defined in the application, it is intended that should approval beissued that a condition be placed for a limitation on the number of workers and for this tobe limited to construction and ‘shut down’ workers only. BHP Billiton operational staff willbe required to be housed in Onslow.”

The purpose of the time limitations placed on BHP Billiton Petroleum’s transient workforceaccommodation camp was to ensure that it was ‘temporary’ and solely linked to development of the Macedon facility. For an independent accommodation facility to be established within

proximity of an operating domestic gas plant such as Macedon, Council and the communitywould need to be given categorical assurances from the operator and the State of WesternAustralia that the safety of occupants could be established and maintained.

It is unlikely that Council has the opportunity to modify the condition as sought, given theApplication clearly linked the camp with the development of Macedon. Clause 5.13 of theScheme states:

The Local Government may, on written application form the owner of land in respect of whichplanning approval has been granted, revoke or amend the planning approval prior to thecommencement of the use or development subject of the planning approval.(Shire’s underlining)

However, the Scheme does allow some opportunity to modify a condition but only where theowner has made the request (not the Applicant):

Clause 5.12 of the Scheme states:

“Upon written application being made by an owner of land the Local Government mayvary any condition imposed on a planning approval or may extend the time for compliance of any condition so imposed.”

In this regard, the ‘owner’ is the State of Western Australia.

The request of BHP Billiton Petroleum to essentially remove responsibility for the camp and“…be released from the planning approval conditions upon the transfer or surrender of theaccommodation camp to the extent that the planning approval conditions relate to theaccommodation camp” is not possible under the provisions of the Scheme.

Accordingly, it not considered appropriate or available to Council to agree to BHP BillitonPetroleum’s request to allow the transient workforce accommodation camp to remain for afurther four years under new camp operator under the existing Planning Approvals.

However, it would be possible for BHP Billiton Petroleum to move the accommodation units toChevron’s or LandCorp’s transient workforce accommodation sites within the ANSIA under a

separate planning consideration.




74

ConsultationA/Chief Executive OfficerA/Executive Manager - Technical Services


Planning and Development ActShire of Ashburton Local Planning Scheme No. 7


Strategic ImplicationsShire of Ashburton 10 Year Community Plan 2012-2022Goal 04 – Distinctive and Well Serviced PlacesObjective 03 – Well Planned Towns

Policy Implications

There are no policy implications relative to this issue.


NOTE: ATTACHMENT 13.2D an email from the BHP Billiton on this matter was tabledat the meeting.

Council Decision


That Council withdraw item ’13.2 Request from BHP Billiton Petroleum Pty to allowthe Macedon Dom Gas Transient Construction Workforce Accommodation Camp toremain for a non BHPB Camp Operator’ and refer the item to be discussed at a futureOrdinary Meeting of Council subject to a meeting with BHP Billiton Petroleum Pty.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: It would be appropriate for thismatter to be discussed with associated parties before Council determines the matter.




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13.3 WATERCORP PROPOSAL - GROUND LEVEL TANK, PUMPINGSTATION, INLET AND OUTLET SUPPLY MAINS AND RETICULATIONCROSS CONNECTIONS AT ONSLOW

MINUTE: 11554

FILE REFERENCE: UT.WA.00.00




Water Corporation





Not Applicable

SummaryWaterCorp has given public notification of its proposal to upgrade the water supply atOnslow by constructing a ground level water storage tank of about 5000 m3, booster pump

station at the proposed Onslow Tank site no. 4 along with numerous pipeline works. Thedetails of the proposal are outlined in this Report.

WaterCorp has sought clarification on the exemption status for the Water Corporation’sOnslow Tank project and pipeline corridors pursuant to the Shire’s Planning Scheme. Thetank is to be located on Crown Reserve 47957 which is reserved under the LandAdministration Act for the purposes of ‘Wastewater treatment, water treatment, buffer zoneand water storage’, however the land is reserved for “Conservation and Recreation” underthe Shire of Ashburton Local Planning Scheme No.7 (‘Scheme’). The Scheme does providecertain exemptions which appear to apply to this matter.

However, a portion of the proposed pipeline corridor will pass through ‘zoned’ land where

there does not appear to be a specific exemption under the Scheme. Importantly, WaterCorporation is not considered an exempt body under the Public Works Act.

It is recommended that Council:

1. Thank WaterCorp for its notice of proposed works and advise that no objection isoffered;

2. Advise that although the proposed tank to be located on Crown Reserve 47957 isconsidered to be exempt in the Cl 5.3.1 of the Shire of Ashburton Local PlanningScheme No.7 (‘Scheme’), planning approval will be required for the proposed pipelinecorridor where is passes through zoned land as there does not appear to be a specificexemption under the Scheme or Act.




76

ProposalWaterCorp has given public notification of its proposal to upgrade the water supply at Onslow byconstructing:

• a ground level water storage tank of about 5000 cubic metres capacity, 27 metres in

diameter and 11 metres high at the proposed Onslow Tank site no. 4;• a booster pump station at the proposed Onslow Tank site no. 4;• an overflow sump with a capacity of about 540 cubic metres;

• 200mm nominal diameter inlet and outlet pipelines, each about 183 metres from OnslowRoad to proposed Onslow Tank site no. 4, including all fittings and connections;

• 375mm nominal diameter outlet pipeline, about 1600 metres from the proposed Onslow Tank site no. 4 to a tie-in at Watson Drive, including al l fittings and connections;

• 100mm nominal diameter cross-connection at First Street and Third Avenue;• 150mm nominal diameter cross-connection at Onslow Road and Beadon Creek Road;

and• 200mm nominal diameter cross connection at Simpson Street and Clarke Place.

ATTACHMENT 13.3

WaterCorp advise:

“These works will provide a boosted reticulation system from the new Onslow Tank siteno A, and enable the existing tank sites no. 1, no. 2 and no.3 to be removed fromservice. It will also improve water pressure in the town. The proposed location of theworks is within the existing Water Corporation site (Lot 185), road reserves of OnslowRoad, Macedon Road, First Street, Third Avenue, Beadon Creek Road, Simpson Streetand Clarke Place, and new easements to be sought through Lots 105 and 303.

The proposed pipe line routes were selected after consultation with the Shire of Ashburton and LandCorp and take into account alignment of a proposed road intoOnslow. Should this alignment change, any impact on the proposed pipeline route will beconsidered and alterations made if required. A further Notice of Proposal amendment willbe issued if the change in alignment is significant.

Subject to obtaining all the necessary approvals, the proposed works are scheduled tocommence in early 2014 and will continue for about 6 months. Construction of theproposed pipelines will generally be by open-cut excavation, which will be backfilled andrestored.”

WaterCorp has sought clarification on the exemption status for the Corporation’s Onslow

Tank project and pipeline corridors, pursuant to the Shires Planning Scheme.

Comment The proposed works will assist in improving the water supply needs for Onslow. In thisregard, no objection is offered to the WaterCorp upgrades.

In relation to the proposed tank, Water Corp advise that it is to be located on Crown Reserve47957 which is reserved under the Land Administration Act for the purposes of ‘Wastewater treatment, water treatment, buffer zone and water storage’, however the land is reserved for“Conservation and Recreation” under the Shire of Ashburton Local Planning Scheme No.7(‘Scheme’).




77

The Scheme does provide certain exemptions as follows:

Clause 5.3.1 of the Scheme sates:

“The planning approval of Local Government is not required for the following use of land:

The development of land in a reserve, where such land is held by the Local Governmentor a public authority, for the purpose for which the land:

(i) is reserved under the Scheme, or (ii) may be lawfully developed by the Local Government or public authority.”

(Shire Administration underlining)

The Scheme appears to provide an exemption from planning approval for the tank based onthe above Scheme provision.

WaterCorp advise that a portion of proposed pipeline corridor will pass through zoned landwhere no specific exemption under the Scheme would apply. Importantly, Water Corporationis not considered an exempt body under the Public Works Act.

However, a portion of the proposed pipeline corridor will pass through ‘zoned’ land theredoes not appear to be a specific exemption under the Scheme.

Importantly, Water Corporation is not considered an exempt body under the Public WorksAct hence a ‘Section 6’ exemption under the Planning and Development Act currently doesnot apply. However Water Corp will be exempt from planning approvals across the Statewhen the new Water Services Act (2012) is gazetted (expected to be on 1 J uly 2013).


Statutory EnvironmentPlanning and Development ActPublic Works ActShire of Ashburton Local Planning Scheme No. 7




78


Strategic Implications

Shire of Ashburton 10 Year Community Plan 2012-2022Goal 04 – Distinctive and Well Serviced PlacesObjective 03 – Well Planned Towns



Council Decision

MOVED: Cr SECONDED: Cr

That Council:

1. Thank WaterCorp for its notice of proposed works and advise that no objection isoffered;

2. Advise that although the proposed tank to be located on Crown Reserve 47957 isconsidered to be exempt in the Cl 5.3.1 of the Shire of Ashburton Local PlanningScheme No.7 (‘Scheme’), planning approval will be required for the proposedpipeline corridor where is passes through zoned land as there does not appear tobe a specific exemption under the Scheme or Act.

CARRIED 1/0




79

13.4 PROPOSED PURCHASE OF UNALLOCATED CROWN LAND FORHELICOPTER OPERATION WITHIN TOM PRICE TOWNSITE - SHIREOF ASHBURTON

MINUTE: 11555

FILE REFERENCE: RD.MI.00.00Rec 1319197




State Land Services





Not Applicable

SummaryState Land Services is seeking the views of the Shire in relation to a request to purchaseland within the Tom Price townsite that is currently ‘Unallocated Crown Land’, for the

purpose of helicopter operations. Specifically, the land is a portion of a closed road abuttingthe Tom Price Tourist Park and Nameless Valley Road.

The site referred by State Land Services is zoned ‘Rural’ and it is likely that a helicopterservice is either an ‘A’ use (which provides local government discretion for such use, subjectto community consultation) or a use that is not listed. If it is the latter, Council would need todetermine whether the use and development is consistent with the purpose and objectives of the Rural zone.

From the limited information provided, it is not considered appropriate to have an undefinedhelicopter use within 500m of the operation of the Tom Price Tourist Park. The land alsoforms part of the entry/access to the Mt Nameless Walking Track, BMX Track and Speedway

and it is likely that access will be removed should the land be sold.

The site is also in close proximity to the Town’s effluent ponds which may cause some issueto helicopter operations from water birds that frequent the ponds.

It is clear that from the limited information provided to the Shire on the proposed helicopteroperations will negatively impact the Shire and community.

Accordingly, it is recommended that Council advise State Lands Services that it opposes theproposed sale of unallocated Crown Land within the Tom Price townsite for helicopteroperations due to the likely negative impact on residential and tourist amenity along with theimpacts on the entry/access to the Mt Nameless Walking Track, BMX Track and Speedwayand perhaps the ongoing location of the Town’s effluent ponds.




80

ProposalState Land Services is seeking the views of the Shire in relation to a request to purchase landwithin the Tom Price Townsite that is currently ‘Unallocated Crown Land’, for the purpose of helicopter operations.

Specifically, the land is a portion of a closed road abutting the Tom Price Tourist Park andNameless Valley Road.

The information provided by State Lands is not extensive in its description of the proposal,however they advise:

“State Land Services has received a request from JBA Surveys, on behalf of a client,regarding the above. The client wishes to purchase in freehold the whole of unallocatedCrown land being closed road adjacent to Reserve 38762, Nameless Valley Drive,within the Tom Price townsite, as shown on the enclosed Smartplan.

The subject land is proposed to be utilised for a helicopter business which will include ahelicopter hangar, landing pad and associated infrastructure to support the tourism and

mining industries.”

ATTACHMENT 13.4




81

Comment The site referred by State Land Services is zoned ‘Rural’ and it is likely that a helicopter serviceis either an ‘A’ use (which provides local government discretion for such use, subject tocommunity consultation) or a use that is not listed. If it is the latter, Council would need todetermine whether the use and development is consistent with the purpose and objectives of

the Rural zone.

It should be noted that in 2012, Council dealt with a proposal for a helicopter service onreserved land Go Cart track on the Tom Price-Onslow Road (Lot 58, Reserve 40965). TheApplication was eventually withdrawn but during community consultation, the Shire receivedtwo objections in the form of a joint letter signed by over 130 persons and one from RTIOgenerally on grounds of impaired amenity due to the operation of the service.

From the limited information provided, it is not considered appropriate to have an undefinedhelicopter use within 500m of the operation of the Tom Price Tourist Park.

The land also forms part of the entry/access to the Mt Nameless Walking Track, BMX Track

and Speedway and it is likely that access will be removed should the land be sold. The site isalso in close proximity to the Town’s effluent ponds which may cause some issue tohelicopter operations from water birds that frequent the ponds.

It is clear that from the limited information provided to the Shire on the proposed helicopteroperations will negatively impact the Shire and community.

Accordingly, it is recommended that Council advise State Lands Services that it opposes theproposed sale of unallocated Crown Land within the Tom Price Townsite for helicopteroperations due to the likely negative impact on residential and tourist amenity along with theimpacts on the entry/access to the Mt Nameless Walking Track, BMX Track and Speedwayand perhaps the ongoing location of the Town’s effluent ponds.

It is also considered appropriate that Council request the Acting Chief Executive Officer toprovide a further Report to Council on matters associated with consolidating UnallocatedCrown Land with land associated with the Mt Nameless Walking Track, BMX Track andSpeedway for recreation purposes.



Planning and Development ActLand Administration ActShire of Ashburton Local Planning Scheme No. 7







82


Council Decision


That Council:

1. Advise State Lands Services that it opposes the proposed sale of UnallocatedCrown Land within the Tom Price Townsite for helicopter operations due to thelikely negative impact on residential and tourist amenity from the operations,along with the impacts on the entry/access to the Mt Nameless Walking Track,BMX Track and Speedway and perhaps the ongoing location of the Town’seffluent ponds.

2. Request the Acting Chief Executive Officer to provide a further Report toCouncil on matters associated with consolidating Unallocated Crown Land withland associated with the Mt Nameless Walking Track, BMX Track and Speedwayfor recreation purposes.

3. Provide a copy of the Counc il resolution to State Lands Services and theDepartment of State Development.

4. Request State Lands Services and the Department of State Development toadvise the Shire Administration of the details of the proponent so they cancontact so th is matter can be further discussed.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: It would be appropriate to if thisopportunity can be further developed.




83

13.5 PROPOSAL FOR FOURTH ACCOMMODATION VESSEL AT LOTS 15& 16, BEADON CREEK BOAT HARBOUR, ONSLOW FOR JETWAVEMARINE SERVICES (JETWAVE)

MINUTE: 11557

FILE REFERENCE: RE.BD.R.30711Rec 1319100RE.BD.R.30711




Department of Transport





Agenda Item 13.10 (Minute: 11557), Ordinary Meetingof Council 23 J anuary 2013Agenda Item 13.10 (Minute: 11327), Ordinary Meetingof Council 20 October 2012

Summary The Department of Transport has sought the views of the Shire with respect to a fourthaccommodation vessel at Beadon Creek with a maximum of 20 passengers.

Council at the Ordinary meeting of 23 J anuary 2013 resolved not to adopt draft 'LocalPlanning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ on the basisthat:

“i. The decision on whether ‘boatels’ should be permitted in at Beadon Creek and watersoff Onslow rests with the Department of Transport.

ii. The only role Council has in relation to the mooring of ‘boatels’ is when the Departmentof Transport seeks the views of the Council on individual mooring applications.

iii. Should the Department of Transport seek the views of Council in relation to mooringsthat these should be dealt with on an individual basis without need for a general policyposition.”




84

It is noted that the proponent for the ‘fourth’ boatel has advised that the reason the floatinghotel is required for the Wheatstone project. It is unclear as to what period of time for thisboatel has been sought or why Chevron/Bechtel requires the boatels. Although theDepartment suggest that it would “….would envisage approving the Jetwave Pearl for aperiod until December 2014, which would be in line with the Eco Abrolhos accommodation

vessel approvals”, this is not reflected in the proponents submission. In addition, given thelack of strategic direction provided by the Department for the mooring of ‘boatels’ in BeadonCreek, it is respectfully suggested that Council can take little comfort from this advice.

Accordingly, it is recommended that Council not support any additional ‘boatel’s in BeadonCreek or in the waters immediately off Onslow and advise the Department of Transport of this view.

The concern of the Shire Administration is that the Port expansion intent of the Departmentfails to acknowledge existing development within very close proximity of the Port.

BackgroundControl of the waters of Beadon Creek and directly off Onslow is the direct responsibility of the Department of Transport (DoT).

In the recent past, the DoT has only once sought the views of the Shire to the mooring a‘boatel’. A ‘boatel’ is a boat or ship based accommodation. Specifically for the Shire of Ashburton, the issue currently relates to mooring of ‘boatels’ at Beadon Creek or directly off the Onslow townsite. The Shire is aware that currently three (3) ‘boatel’s’ are moored atBeadon Creek and at times have been anchored directly off the Onslow coast to serve asaccommodation for the development of the Macedon domestic gas plant and Wheatstonegas project.

In the single instance when the DoT sought comment on the mooring of a 30 bed ‘boatel’ fora two (2) year period from the Shire from the Shire, it was not opposed, but since then oneother ‘boatel’ has been moored without any reference to the Shire.

The 3rd ‘boatel’ was considered by Council at the Ordinary meeting of 20 November 2012where it responded to a request from Eco Abrolhos Accommodation Pty Ltd to ‘approve’ the3

rd

‘boatel’ moored at Beadon Creek. Eco Abrolhos Accommodation Pty Ltd did not suggest atimeframe for the mooring. Although there is no ‘head of power’ for Council to ‘approve orrefuse’ the boatel, Council did provide an opinion in relation to its application to the DoTwhereby a maximum period of six (6) months was considered appropriate. ShireAdministration has not been advised by the Department of Transport as to whether Council’s

views were taken into account or not.

Council also resolved that as part of an overall review of the draft Local Planning Policy(LPP), this period could be extended should Council resolve a longer period of time for‘boatels’ is considered acceptable.

Discussions with the DoT in November 2012 revealed that they had been informallyrequested to allow an unlimited number of ‘boatel’s in Beadon Creek and directly associatedwith the resource industry for up to 5 years.




85

At the Ordinary Council meeting of 20 October 2012, Council resolved to advertise draft LPPfor 21 days in accordance with the Shire of Ashburton Local Planning Scheme No.7(‘Scheme’). The draft LPP sought to facilitate the direction of Council when commenting onthe short and long term mooring of sea and Creek based accommodation within the Onslowenvirons. In particular, it establishes a Council position on proposals for ‘boatel’s’ to be

moored at Beadon Creek Road, Onslow. A ‘boatel’ essentially represents floatingaccommodation that in the case of the Shire of Ashburton, specifically relates to moorings atBeadon Creek or directly off Onslow.

Council at the Ordinary meeting of 23 J anuary 2013 resolved not to adopt draft 'LocalPlanning Policy - Mooring of 'Boatel's at Beadon Creek and waters off Onslow’ on the basisthat:

“i. The decision on whether ‘boatels’ should be permitted in at Beadon Creek and watersoff Onslow rests with the Department of Transport.

ii. The only role Council has in relation to the mooring of ‘boatels’ is when the

Department of Transport seeks the views of the Council on individual mooringapplications.

iii. Should the Department of Transport seek the views of Council in relation to mooringsthat these should be dealt with on an individual basis without need for a generalpolicy position.”

Proposal The Department of Transport has sought the views of the Shire with respect to a fourthaccommodation vessel the "Jetwave Pearl” (with a maximum of 20 passengers) at BeadonCreek. The Department advises in part as follows:

“DoT has allocated Lots 15 & 16 to Jetwave under the publicly advertised Expressions of Interest process (Attachment One). Jetwave has advised it plans to invest severalmillions of dollars developing the lots to establish a marine supply base. As you areaware, Jetwave is a local business that has been operating out of Exmouth for manyyears and more recently out of Onslow.

Jetwave has requested permission to moor the Jetwave Pearl in front of its allocated lots,so that it can be used to house the initial construction team, then later as anaccommodation vessel for the Wheatstone project, in accordance with Chevron's draftrevised Workforce Management Plan. This would be the fourth accommodation vessel atBeadon Creek, with the Eco Abrolhos having already established three vessels.

DoT has reviewed the proposal and the subsequent supporting documentation reflectingthe management of health and safety, environment and the operational procedures tosupport the use of the accommodation vessel.

DoT supports the Jetwave proposal based on Jetwave having the waterfront land andthe large capital investment the local company is injecting into its development. At the 15 April meeting, Amanda O'Halloran indicated that the Shire may also be likely to supportthe proposal. DoT would envisage approving the Jetwave Pearl for a period untilDecember 2014, which would be in line with the Eco Abrolhos accommodation vesselapprovals.”




86

{NOTE: The Executive Manger Strategic Development (Ms O’Halloran) advises thatalthough she recalls the meeting with the Department on the 15th of April 2013, at notime did she provide any indication or comfort that “….the Shire may also be likely tosupport the proposal.” }

ATTACHMENT 13.5

CommentIn relation to Onslow and the opportunity for the community to benefit from the resultant impactof the Wheatstone project, the Shire Administration has been keen to promote ‘legacy’developments that will enable services, accommodation and improved townscape amenity tomaterialise. The continued concern with ‘boatels’ is that it impedes the opportunity for ‘legacy’development as they remove the incentive and opportunity for development on the townsite tooccur. Hence, every bed provided by a ‘boatel’ for Chevron will remove the opportunity for adeveloper to finance his/her development.

It is noted that the proponent for the ‘fourth’ boatel has advised that the reason the floating hotelis required for the Wheatstone project. It is unclear as to what period of time for this boatel hasbeen sought or why Chevron/Bechtel requires the boatels. Although the Department suggest

that it would “….would envisage approving the Jetwave Pearl for a period until December 2014,which would be in line with the Eco Abrolhos accommodation vessel approvals”, this is notreflected in the proponents submission. In addition, given the lack of strategic direction providedby the Department for the mooring of ‘boatels’ in Beadon Creek, it is respectfully suggested thatCouncil can take little comfort from this advice.

Accordingly, it is recommended that Council not support any additional ‘boatel’s in BeadonCreek or in the waters immediately off Onslow and advise the Department of Transport of thisview.

However, the request for Council’s view on the fourth ‘boatel’ raises some significant strategicmatters associated with the strategic development the Beadon Creek port. The Departmentnotes that “DoT has allocated Lots 15 & 16 to Jetwave under the publicly advertisedExpressions of Interest process (Attachment One).”

The ‘concept plan included as ATTACHMENT 13.5 represents one of many ‘concepts’prepared by the Department for the development of Beadon Creak Port.




87

The Beadon Creek Port is under the care and control of the Department of Transport.Historically, the Port has been a very low-key cargo entry for the pastoral sector as well as arecreation area for the Town of Onslow and in particular, its indigenous community. The Port

immediately adjoins land designated under the Shire’s Local P lanning Scheme as ‘Industry’(to the south-west) and ‘Tourist’ (to the north-west).

Importantly, land within the ‘Tourist’ zone has been developed for accommodation purposessince the early 1990’s (Lots 557 and 563). This land was originally a reserve for caravan parkpurposes and was sold by the State to the (then) occupier of the ‘Beadon Bay Caravan Park’in (or around) 2009. The ‘Beadon Bay Caravan Park’ has since been sold to Discovery ParksPty Ltd who develop high quality tourist and workforce accommodation sites throughoutAustralia.

The significance of the ‘Beadon Bay Caravan Park’ and Discovery Parks Pty Ltd involvementhas become a matter of strategic importance for the Shire and daresay, the State. DiscoveryParks Pty Ltd is committed to ‘legacy’ developments resulting in redeveloping the site fortransient workforce accommodation purposes. The need for additional accommodation forthe Town of Onslow is of paramount importance as development of Chevron Australia’sWheatstone LNG/domestic gas project at Ashburton North gets under way.

Whilst Chevron proposes a construction village of up to 5000 beds at Ashburton North, theShire understands that less than 1500 beds have been provided on the site. Chevron is notrequired by the State to build to this level of accommodation nor make it available to otherusers.




88

However, the opportunity for the ‘Beadon Bay Caravan Park’ to be used and redeveloped toprovide for the 1000 additional beds may be jeopardised by the intent of the Department of

Transport to develop the Port.

More particularly, the Department of Transport concept plan (along with all previous drafts)

shows industrial use and development within 20 metres of existing accommodation at the‘Beadon Bay Caravan Park’. Recent representations to the Shire from industrial andresource operators keen to develop facilities at the Port including an iron ore stockpile and awaste transfer station have all directly reflected a version of Department’s concept plan.

In addition, the Department is dredging of the Port area as described on the concept planand is intending to use the dredge spoil to establish the industrial sites shown on the plan. Itis understood that no consultation with the community (or its neighbours) has beenundertaken prior to dredging, nor has there been any community discussion with respect tothe Department’s intended development of the Port as reflected in the concept plan. TheShire is not aware of any environmental assessment being carried out in relation to thedredging or placement of the spoil intended by the Department.

What is also clear is that the concept plan/s has no consideration of responsible land useplanning and transport access matters, nor does it address environmental mattersassociated with noise, smell, leachate into the Bay and flooding issues.

Accordingly, it is recommended that Council write to the Minister for Transport, DirectorGeneral of the Department of Transport and the Director General of the Department of StateDevelopment a copy of the Shire Administration Report to Council seeking a whole of Government approach to the planning and ultimate development of the Beadon Creek Portthat reflects a transparent planning, environmental and community consultation process.

ConsultationA/Chief Executive OfficerA/Executive Manager - Technical ServicesExecutive Manager – Strategic and Economic Development

Statutory EnvironmentPlanning and Development ActShire of Ashburton Local Planning Scheme No. 7








89

Council Decision


That Council:

1. Note the correspondence from the Department of Transport seeking the viewsof the Shire with respect to a fourth accommodation vessel at Beadon Creekand other information as prov ided in ATTACHMENT 13.5.

2. Support one only additional ‘boatel’ in Beadon Creek or in the watersimmediately off Onslow up to December 2014 and request the Acting Chief Executive Officer to advise the Department of Transport accordingly.

3. Write to the Minister for Transport and Director General of the Department of

Transport seeking a whole of Government approach to the planning andultimate development of the Beadon Creek Port that reflects a transparentplanning, environmental and community consul tation process;

4. Provide the Minis ter for Transport, Director General and the Director General of the Department of State Development of the Department of Transport a copy of the Shire Administration Report t o Council.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: There is a Critical shortage of Accommodation in Onslow.




90

13.6 CORRESPONDENCE CONFIRMING PUBLIC ACCESS ROUTE FORSECRET CREEK, ONSLOW

MINUTE: 11556

FILE REFERENCE: PS.TP.7.10Rec No. 1310301




Department of State Development (DSD)

DATE REPORT WRITTEN: 6 November 2012




Agenda Item 13.4, Minute No. 11491 Ordinary Meeting of Council 10 April 2013Agenda Item 13.1, Minute No. 11356 Ordinary Meeting of Council 21 November 2012Agenda Item 13.4, Minute No. 11286 Ordinary Meeting of Council 19 September 2012Agenda Item 13.6, Minute No. 11227 Ordinary Meeting of

Council 20 J une 2012Agenda Item 16.1, Minute No. 11164 Ordinary Meeting of Council 18 April 2012

SummaryCouncil at the Ordinary Meeting of 10 April 2013 resolved to ‘temporarily close public accessto Hooley Creek. However, Council resolved at the 21 November 2012 Ordinary Meeting toauthorise the Chief Executive Officer to formally close access to Hooley Creek once the:

a. Department of State Development accepts responsibility for any costs incurred by theShire for the establishment of the public access route from the fenced boundary of Urala Station through to Secret Creek for community recreation and tourist purposes;and

b. Public access route has been declared and available for public access pursuant torelevant provisions of the Land Administration Act 1997.

Both actions have now been confirmed and given the resolution of April 2013, the Chief Executive Officer has requested the formal closure be referred back to Council for resolution.




91

Background The community until recently has access to a coastal site near the mouth of Hooley Creekwhich was accessed by traversing existing tracks in the south eastern corner of UralaStation. The Shire of Ashburton Local Planning Scheme No. 7 (‘Scheme’), Ashburton NorthStrategic Industrial Area Structure Plan (ANSIA Structure Plan) and Wheatstone

Development Plan include provisions that require an equivalent access in lieu of the currentinformal access to Hooley Creek as follows:

Scheme provision:

“APPENDIX 11 ASHBURTON NORTH STRATEGIC INDUSTRIAL AREA (ANSIA)

9. When considering a request to initiate rezoning of land within the ANSIA to“Strategic Industry” or other zone or reservation identified within the ANSIAStructure Plan, the local government shall only initiate an Amendment when it issatisfied that the proponent has prepared a structure plan dealing with thefollowing matters:

r) Should Hooley’s Creek be unavailable for the community to freely access,suitable alternative arrangements providing unlimited community access to thecoast shall be determined;”

ANSIA Structure Plan:

“8 Alternatives to Hooley CreekPrior to the issue of any Planning Approval that, as a result such approval limitscommunity access to Hooley Creek and/or approval of a Development Plan(s), theDepartment of State Development will provide evidence to the Shire that unlimitedcommunity access to the coast at a site similar to Hooley Creek has been establishedto the satisfaction of the Shire. Such evidence shall demonstrate consultation with thecommunity regarding coastal access during the advertising of the ANSIA StructurePlan.”

Wheatstone Development Plan:

“10 Hooley CreekPrior to the approval of any development and/or any subdivision that, as a result suchapproval, limits community access to Hooleys Creek and/or approval of a developmentplan(s), the Department of State Development (DSD) will provide evidence to the Shirethat unlimited community access to the coast at a site similar to Hooley Creek has been

established to the satisfaction of the Shire. Such evidence shall demonstrateconsultation with the community regarding coastal access during the advertising of the ANSIA Structure Plan.”

At the Council meeting of February 2012, Council addressed the “Chevron DevelopmentPlan” where it also addressed the issue of alternate access to Hooley Creek. Council’sresolution in relation to Hooley Creek was as follows:

“2. Request the Chief Executive Officer to:

c) write to the Department of State Development seeking an update as to the progressof alternatives to Hooley Creek.”




92

At the 18 April 2012 Council meeting, Council resolved as follows:

“a) Thank DSD for its correspondence and efforts in pursuing an alternative to HooleyCreek.

b) That Council is not in a position to comment on the suitability of the western banks of the Ashburton River and to Secret Creek as an alternative to Hooley Creek until DSDcompletes it community consultation with the broader Onslow community.

c) Invites DSD to inform Council on the outcomes of the further community consultation.

d) Until the views of the community are established and (assuming the site location isconfirmed) unfettered access is confirmed, the Shire is unable to determine whether the Scheme and Structure Plan provisions associate with an alternative to HooleyCreek has been complied. Until this is undertaken, it is not be possible for the Shire toaccept closure of community access to Hooley Creek.

e) That Council is not willing to accept any cost in relation to establishing an alternativeto Hooley Creek. In this regard, it is considered that either the State or Chevron Australia should be responsible for any costs associated with achieving anddeveloping unfettered access to the alternative site.”

At the 20 J une 2012 Council meeting, a response from DSD with respect to the aboveCouncil resolution was presented. Council, at the 20 J une 2012 meeting, resolved as follows:

“1) With respect to correspondence received from the Department of State Development(DSD) dated 30 May 2012 in relation to its efforts in determining an alternative toHooley Creek, request the Chief Executive Officer to advise DSD as follows:

a) Thank DSD for its correspondence and efforts in pursuing analternative to Hooley Creek noting that through DSD’s consultation thecommunity of Onslow has identified Secret Creek as an acceptablealternative to Hooley Creek.

b) Advise DSD that in her role as a Councillor, the informal consultationundertaken by the Shire President with the local community, hasrevealed that Secret Creek is not considered by the Onslowcommunity as an alternative to Hooley Creek, as the community hasbeen provided the same informal access to Secret Creek as Hooley

Creek for a number of years. The denial of access to Hooley Creek isa lost recreation asset for the community of Onslow.

c) In order to further the development at the Ashburton North StrategicIndustrial Area, that Council is willing to support DSD in its efforts toachieve unfettered access to Secret Creek and once this is achieved,Council will support the closure of vehicle access to Hooley Creeksubject to the State and Chevron accepting all necessaryestablishment costs.




93

After construction of the road and establishment of a 'road reserve', theShire will accept responsibility for maintenance of the road.

However, the consultation undertaken by the Shire President with theOnslow community reveals a strong desire to achieve a larger

recreation area for the current and expanded Onslow community. Inthis regard, upon the review of Pastoral Leases in 2015, the Council islikely to seek to have the Uralla Pastoral Lease modified to ensureunfettered community access to Secret Creek and other coastal areas(potentially to Locker Point, depending upon consultation with thecommunity). DSD is requested to assist the Council in its efforts toachieve such access for the community.

d) Write to BHPB in relation to 1c) above requesting a meeting withrelevant BHPB representatives, DSD, the Shire President and theChief Executive Officer to further discuss community access to thecoast.

e) Remind DSD that Council is not willing to accept any cost in relation toestablishing access to Secret Creek.

f) That the Shire will make DSD’s correspondence of 30 May 2012available on the Shire’s Website and will be published in the OnslowTimes newspaper.

That the Chief Executive Officer provides BHPB, Chevron Australia andDampier Port Authority with a copy of DSD’s correspondence of 30 May 2012and Shire’s correspondence to DSD.”

Council, at the 19 September 2012 meeting, resolved as follows:

“That Council:

1. Determine that as the preferred access to Secret Creek is for communityrecreation and tourist purposes, a public access route (PAR) pursuant toSection 64 of the Land Administration Act 1997 is considered to be the mostappropriate form of access.

2. Request the Chief Executive Officer to provide the Department of StateDevelopment (DSD) with a copy of the Shire report and advise DSD of 1.

above.”




95

CommentDSD has confirmed that it accepts responsibility for costs incurred by the Shire for theestablishment of the public access route. State Land Services (SLS) have formally advisedthat:

“…..the PAR has now been declared for and on behalf of the Minister for Landsunder delegated authority pursuant to Section 64 of the Land Administration Act1997 and the non-extinguishment principle under Sections 24KA and 238 of theNative Title Act 1993.”

ATTACHMENT 13.6

Given the resolution of April 2013, the Acting Chief Executive Officer has requested theformal closure be referred back to Council for resolution.

Accordingly it is recommended that Council note the advice from SLS and formally resolve to‘close’ public access to Hooley Creek and request the Acting Chief Executive Officer to placeappropriate notifications in the J une 2013 Edition of the Onslow Times and Council NoticeBoards of the decision to close public access to Hooley’s Creek and that the Public AccessRoute to Secret Creek has been approved by the Minister for Lands.

ConsultationA/Chief Executive OfficerA/Executive Manager - Technical ServicesStatutory EnvironmentLand Administration Act

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

Strategic ImplicationsA new Strategic Industrial Area at Ashburton North will have significant impact upon theShire and in particular, the strategic direction for Onslow. The Shire supports the direction of the Federal and State governments.

Shire of Ashburton 10 Year Community Plan 2012-2022Goal 04 – Distinctive and Well Serviced PlacesObjective 03 – Well Planned Towns

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





96

Council Decision


That Council:

1. Note the correspondence from State Land Services ( ATTACHMENT 13.6)inrelation to the Public Access Route associated with access to Secret Creekbeing declared for and on behalf of the Minister for Lands.

2. ‘Permanently close’ public access to Hooley Creek and request the Acting Chief Executive Officer to place appropriate notifications in the June 2013 Edition of the Onslow Times and Council Notice Boards of the decision to close publicaccess to Hooley’s Creek and that the Public Access Route to Secret Creek hasbeen approved by the Minister for Lands.

CARRIED 1/0

REASON FOR CHANGE OF RECOMMENDATION: Council has temporarily closed thePublic Access Route to Hooley Creek and so there is no misunderstandings thesecond resolution clearly ind icates the Permanent Closure of the Public Access Routeto Hooley Creek.




97

13.7 PROPOSED ROAD CLOSURES, WATSON DRIVE AND UCL 215,ONSLOW

MINUTE: 11558

FILE REFERENCE: ON.WS.571




LandCorp





Item 13.10 Minute No. 11497 Ordinary Meeting of Council 10April 2013Item 13.3 Minute No. 1191 Ordinary Meeting of Council 16May 2012

SummaryCouncil at the Ordinary meeting of 10 April 2013 addressed a number of matters associatedwith LandCorp’s expansion plan for Onslow. One of these matters was initiating the road

closures for portions associated with Watson Drive and UCL 215.

The issue for the Shire is that the road closure sought could result in preventing any futureaccess to Macedon Road. LandCorp has now confirmed that it will be responsible for theestablishment of temporary access to Macedon Road.

Advertising will be completed at 4.pm 5 J une 2013 however to date, three submissions of noobjection have been received. Although the Shire Administration considers it unlikely thatsubmissions of objection will be received from the closure of the Council meeting to 4pm, it isrecommended that should no objections be received the Council delegate to the A/Chief Executive Officer the power to resolve to make request to the Minister to close the road.




98

BackgroundCouncil at the Ordinary meeting of 10 April 2013 addressed a number of matters associatedwith LandCorps expansion of Onslow. One of these matters was initiating the road closuresfor portions associated with Watson Drive and UCL 215 as follows:

“Road closures

There are portions of road that need to be closed to allow us to undertake thedevelopment. These portions are:

1. Part of the Chevron site. In May 2012 the Council resolved to defer considerationof the road closure of the portions within the Chevron site until alternative roadreserve access to Macedon Road is confirmed. This matter has now been agreedand will be reflected in the WAPC conditions to be issued shortly.”

ATTACHMENT 13.7A ATTACHMENT 13.7B

Comment The desire of LandCorp to gain early access to land to initiate subdivision and developmentworks for the expansion of Onslow is supported, as is its desire to access land owned orunder the care and control of the Shire. The issue for the Shire is that the road closuresought could result in preventing any future access to Macedon Road.

LandCorp has now confirmed that it will be responsible for the establishment of temporaryaccess to Macedon Road.

Advertising will be completed at 4.pm 5 J une 2013 however to date, three submissions of noobjection have been received.

The date of 5 J une 2013 for closure of advertising was chosen before the J une Councilmeeting was brought forward a week. There is some urgency in addressing this road closurerequest so as to enable the creation of titles for the Chevron site. In this regard, it isrecommended that it be considered at this Council meeting and not deferred to the 17 J uly2013 meeting.

Although the Shire Administration consider it unlikely that submissions of objection will bereceived from the closure of the Council meeting to 4pm, it is recommended that should noobjections be received the Council delegate to the A/Chief Executive Officer the power toresolve to make request to the Minister to close the road.

ConsultationA/Chief Executive OfficerA/Executive Manager Technical ServicesExecutive Manager OperationsExecutive Manager Strategic and Economic DevelopmentA/Partnership/Revitalisation Manager




99

Advertising of the road closure took place with a sign on site and two notices in the PilbaraNews inviting representations on the proposed closure within a period of 35 days from thepublication. The following corporations were notified and their responses were as follows:

• Telstra – no objection

• Horizon Power – no objection• Water Corporation – no objection

Statutory EnvironmentPlanning and Development ActShire of Ashburton Local Planning Scheme No. 7Land and Administration Act Section 58

Financial ImplicationsAny costs associated with the road closure and or necessary arrangements over land underthe care and control of the Shire can be recovered from the proponent (LandCorp).

Strategic ImplicationsShire of Ashburton 10 Year Community Plan 2012-2022Goal 04 - Distinctive and Well Serviced PlacesObjective 03 - Well Planned Towns

Policy ImplicationsNone anticipated.


NOTE: ATTACHMENT 13.7C a letter from Chevron Pty Ltd supporting the proposalwas tabled at the meeting.

Council Decision


That Council:

1. Note the submissions of no objection received from Telstra, Horizon Power andWater Corporation in relation to the closure of Watson Drive and UCL 215,Onslow as defined in ATTACHMENT 13.7A.

2. That shou ld no further objections to the closure of Watson Drive and UCL 215,Onslow as defined in ATTACHMENT 13.7A be received the Council delegate tothe A/Chief Executive Officer the power to resolve to make request to theMinister for Lands to close the road.





100

13.8 PROPOSAL FOR THE POWER TO LEASE AT THE TOM PRICEWASTE DISPOSAL SITE (LOT 300, RESERVE 50203), BINGARNROAD, TOM PRICE

MINUTE: 11559

FILE REFERENCE: RE.TI.R.50203




Shire of Ashburton





Not Applicable

Summary The Shire Administration has received a conceptual proposal from a company interested inestablishing a ‘recycling partnership’ with Council. The proposal is light on detail but

indicates that such recycling arrangements would need to be established at the Tom PriceWaste Disposal Site (Lot 300, Reserve 50203), Bingarn Road, Tom Price. Reserve 50203 isReserved for ‘Rubbish Disposal Site’ with a Management Order and vested with the Shire.

Whilst the Shire Administration does not wish to immediately pursue a recycling partnershipwith any particular operator, it does indicate that for any future arrangements to beconsidered, the Shire would need a ‘power to lease’ in order to allow any operator accessthe site. In this regard, Reserves may be leased by parties holding a formal vesting order,provided the order includes the power to lease and it has been approved by the Minister forLands. The current Management Order for Reserve 50203 does not include a ‘power tolease’.

It is recommended that to enable the Shire to consider the opportunity to pursue a recyclingpartnership (subject to a further Report to Council) that Council resolve to request theMinister for Lands to allow a ‘power to lease’ over Reserve 50203.




101

Background The Tom Price Waste Disposal Site is located a Lot 300 (Reserve 50203), Bingarn Road, TomPrice. Reserve 50203 is Reserved for ‘Rubbish Disposal Site’ with a Management Order andvested with the Shire. The current Management Order for Reserve 50203 does not include a‘power to lease’. The Shire Administration has received a conceptual proposal from a company

interested in establishing a ‘recycling partnership’ with Council.

The proposal is light on detail but indicates that such recycling arrangements would need tobe established at the Tom Price Waste Disposal Site.

ProposalWhilst the Shire Administration does not wish to immediately pursue a recycling partnershipwith any particular operator, it does indicate that for any future arrangements to beconsidered, the Shire would need a ‘power to lease’ in order to allow any operator access thesite.

Tom Price Waste Disposal Site (Lot 300, Reserve 50203), Bingarn Road, Tom Price

CommentMany reserves are managed by a Management Body. A Management Body is the group thatthe Minister gives the care, control and management of the reserve to. For example, theManagement Body can be a local government authority, a State government agency, or anAboriginal organisation.

Management Orders are made by the Minister for Lands and they set out the rights andduties of the Management Body. The Management Orders can include a power to lease (rentout) the reserve. Where there is a power to lease the reserve, any lease given by theManagement Body must be consistent with the purpose of the reserve.




102

It is recommended that to enable the Shire to consider the opportunity to pursue a recyclingpartnership (subject to a further Report to Council) that Council resolve to request theMinister for Lands to allow a ‘power to lease’ over Reserve 50203.

Consultation

A/Chief Executive OfficerA/Executive Manager - Technical ServicesExecutive Manager - Operations

Statutory EnvironmentLand Administration Act

Reserves may be leased by parties holding a formal vesting order, provided the orderincludes the power to lease and it has been approved by the Minister for Lands.





Council Decision


That Council:

1. Request the Minis ter for Lands to allow a ‘power to lease’ over Reserve 50203to enable Council the opportunity to pursue a ‘recycling partnership’ with athird party.

CARRIED 1/0




103

13.9 RFT 02/13 ASSET MANAGEMENT CONSULTANCY

MINUTE: 11560



J ayde RobbinsAssets Management Coordinator


Not Applicable





Not Applicable

Summary Tenders have been sought from suitably qualified and experienced consultants to providebureau services for the provision of Long Term Financial Planning consultancy and supportof Council’s Asset Management System and Data.

Tenderers were required to provide a range of services, including Strategic AssetManagement Consulting (SAM), Tactical Asset Management Consulting (TAM) andOperation Asset Management Consulting (OAM) as a bureau service in managing CouncilsAsset Management System.

Two conforming tenders were submitted and one non-conforming tender (the latter wassubmitted only electronically and not in hard copy as requested). The conforming tenderswere assessed based on Council’s “Tender Assessment Criteria” Policy FIN14.

It is recommended that the tender submission received from Assetic Pty Ltd be accepted inrelation to RTF 02/13, based on their experience and their pricing schedule.




104

Background The Council has previously employed an Asset Manager to develop and maintain Councilsasset management plans’, however, difficulty in retaining staff has caused the Administrationto rethink how the asset management service could be delivered to the Shire. The suggestedapproach is that it use a locally based mid-level manager with the support of a specialised

consultant.

In 2007, in a project initiated by the Pilbara Regional Council, the Pilbara local governmentspurchased and implemented asset management software provided by Assetic Pty Ltd. Sincethen Assetic has provided support in maintaining the Shire’s system.

Tenders have now been sought from suitably qualified and experienced consultants toprovide bureau services for the provision of Long Term Financial Planning consultancy andsupport of Council’s Asset Management System.

The tender is for a two year period with the option of a two year extension.

Tenderers were required to provide a range of services, including Strategic AssetManagement Consulting (SAM), Tactical Asset Management Consulting (TAM) andOperation Asset Management Consulting (OAM) as a bureau service in managing CouncilsAsset Management System.

CommentsRequest for Tender (RFT) 02/13 was advertised on Saturday 13 April 2013 and closed on

Tuesday 30 April 2013. Three submissions were received.

Conforming tenders were received from• Assetic Pty Ltd

• Thinc Projects Pty Ltd

Non-conforming was a tender from Ausenco Rylson (failed to submit a hard copy of the tender)

Submissions were assessed, in accordance with Council Policy FIN 14 “Tender AssessmentCriteria” by a panel consisting of J ayde Robbins, Asset Management Coordinator, Gemma

Tonkin, Asset Officer and Keith Pearson, Acting Executive Manager Technical Services.

Costs were assessed based on hourly rates and estimated hours required to maintain theShire system. Based on this estimated times, Assetic has proposed that is would cost$80,400 plus GST to maintain this contract while Thinc Projects proposes is would cost

$363,420 plus GST. It is acknowledged that this is not an exact approach as Assetic wascheapest due to both a lower fee structure and a lesser number of hours to maintain thesystem..

The attached table sets out the results of the qualitative assessment of the two conformingtenders.

ATTACHMENT 13.9A




105

It is anticipated that the total annual cost of the services tendered will be greater than thatassessed to achieve minimum maintenance standards. This will be the result of the potentialof the Asset Management Strategy being more fully realized.

The panel came to the conclusion, based on Assetic’s experience and their lower estimated

cost to maintain the contract, that they are the preferred tenderer. A copy of the company’ssubmission is attached.

ATTACHMENT 13.9B


Statutory EnvironmentLocal Government Act 1995, S3.57 Tenders for providing goods or servicesLocal Government (Functions and General) Regulations 1996 – Part 4; Division 2; r 11(2b)

Financial Implications The projected cost of the preferred tender is within the budget of $160,000 proposed forAsset Management consultancy services, as contained in the draft 2013-14 FinancialBudget.

Strategic ImplicationsGoal 4 – Distinctive and Well Serviced PlacesObjective 3 – Well Planned TownsDesired Outcome – Distinctive and well-functioning towns

Policy ImplicationsCouncil PolicyFIN04 - Buy Local – Regional Price Preference PolicyFIN12 – Purchasing and Tender PolicyFIN14 – Tender Assessment Criteria Policy


Council Decision


That Council:

1. Award the Contract 02/13 “ Bureau Services for the Provision of IntegratedPlanning Framework Compliance and Support of Council’s Asset ManagementSystem and Data” to Assetic Pty Ltd for sum of up to $80,400 pa plus GST for atwo year period with a two year option in accordance with their tender submission, as per ATTACHMENT 13.9B.

2. Authorise the Commissioner and Acting Chief Executive Officer to execute therelevant contract documentation and affix the Shire’s Common Seal to thecontract.





106

14. OPERATIONS REPORTS

14.1 EXECUTION OF THE WATER MAINS RELOCATION AGREEMENTBETWEEN WATER CORPORATION AND SHIRE OF ASHBURTON

MINUTE: 11561



Fiona KeneallyExecutive Manager – Operations


Not Applicable





Agenda Item 12.1 (Minute 11392) - Ordinary Meeting of Council 12 December 2012Agenda Item 6.2 (Minute 5) - Special Meeting of Council 7February 2013

Summary The Shire is currently undertaking the Onslow Aerodrome Redevelopment including theconstruction of a new 1900m airstrip to CASA Code 3C requirements.

The water main that services the Onslow town is located under the existing airstrip and alsounder the southern end of the new airstrip. Water Corporation has advised that the main willneed to be realigned due to the impact of the heavier jet aircraft and increased trafficexpected on the new airstrip.

An agreement has been formed between Water Corporation and Shire of Ashburton for thewater main relocation. It is recommended that Council authorise the Commissioner andActing Chief Executive Officer to execute this agreement through signing and affixing theCommon Seal.

In addition, the Shire of Ashburton must also provide a bank guarantee for $1,280,000, asper Section 7.1 and the form set out in Schedule 4 of the Agreement. The circumstancesunder which the Water Corporation may have recourse to the Bank Guarantee are outlinedin Section 7.2 of the Agreement.

It is recommended the Council delegate to the Acting Chief Executive Officer the authority toexecute the relevant bank guarantee documentation including the form set out in Schedule4.




107

Background The Onslow Aerodrome Redevelopment includes, but is not limited to, the construction of anew runway, taxiway and apron. Chevron has agreed to contribute $30 million to theredevelopment which is to be delivered over a twelve month period.

The sole water main which supplies the Onslow town site is located under the existingairstrip and the alignment of the new airstrip.

After numerous discussions, the Water Corporation advised in a letter dated 10 April 2012that it would be the Shire’s responsibility to arrange for the pipe to be diverted and fortemporary protection if works were to be undertaken in the vicinity of the existing main.

Tenders were called for the diversion of the water main at the Onslow Airport in accordancewith Water Corporation requirements. The tender closed at 3pm on Wednesday 16 J anuary2013 and was awarded to Redline WA Pty Ltd at the 7 February 2013 Special Meeting of Council.

The diversion of the water main is crucial to the delivery of the Aerodrome Runway ascommissioning cannot occur without the completion of the new main. The timing for thetemporary protection work is also critical as it impacts the ability of the Shire to completeconstruction works in the area where the main is currently located.

CommentDue to the short timeframe of the Airport Expansion Project, the Shire of Ashburtonrequested the Water Corporation’s consent to carry out the temporary protection works inorder to allow the commencement of construction over the Main before it carries out therelocation works. The Water Corporation has agreed to give its consent for the Shire to carryout the works, as per the terms outlined in the Agreement.

The start-up meeting for the water main diversion has been undertaken and workscommenced, however temporary protection work cannot be undertaken prior to the executionof the Agreement.

ATTACHMENT 14.1

This Agreement is critical in allowing the Shire to meet project deadlines. Therefore, it isrecommended that Council authorise the Commissioner and Acting Chief Executive Officerto execute the Agreement and also delegate to the Acting Chief Executive Officer theauthority to initiate the relevant bank guarantee documentation.

ConsultationA/Chief Executive OfficerExecutive Manager - Strategic and Economic DevelopmentShane Priddle - Project Engineer, Water CorporationNorm Cull - Senior Asset Delivery Representative, Water CorporationDavid Goaley – Civil Engineer, David Wills and Associates

Statutory EnvironmentLocal Government Act 1995 - S 9.49(A) Execution of DocumentsLocal Government Act 1995 - S 3.57 Tenders for Providing Goods or Services




108

Financial Implications The diversion of the water main was not included in the original $30 million budget for theredevelopment of the aerodrome. However, Chevron has indicated that they are willing tocontribute $600,000 (ex GST) to the diversion of the water main. If we are required to utilisethe provisional item of $54,000 then this would be required to be self-funded by the Shire of

Ashburton.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 02 - “Enduring Partnerships” Objective 01 – Strong Local EconomiesObjective 02 – Enduring Partnerships with Industry and GovernmentGoal 04 - “Distinctive and Well Serviced Places” Objective 01 – Quality Public InfrastructureObjective 03 – Well Planned Towns.

Policy Implications

Nil


Council Decision


That Council:

1. Authorise the Commissioner and Acting Chief Executive Officer to execute theWater Mains Relocation Agreement between the Water Corporation and theShire of Ashburton by signing the Agreement and affixing the Shire’s CommonSeal.

2. Delegate the author ity to the Acting Chief Executive Officer to execute therelevant bank guarantee up to value of $1.28 million documentation includingthe Form of Bank Guarantee set out in Schedule 4 of the Agreement.


REASON FOR CHANGE OF RECOMENDATION: To clearly indicate the value of theBank Guarantee.




110

In December 2011 the matter was brought before Council, and Council resolved that theCEO should enter into formal negotiations with the Department of Regional Developmentand Lands regarding leasing Lot 302 Second Ave for “Community Purposes” to allow for asub-lease to VSwans for the purpose of a youth drop in center.

In February 2012 a further item came before Council detailing that the Shire had investigatedand inspected Lot 302 and concluded that a significant amount of work, and expense, wasrequired to restore the building to meet Australian Standards to allow it to operate as a youthdrop-in center. As a result of this, Council resolved to request the Chief Executive Officer toadvise the Department of Regional Development and Lands that the Shire did not wish tolease the building, but would not object to VSwans obtaining a direct lease from RDL to doso.

In March 2012 the Shire President requested a further agenda item to bring forward newinformation that addressed the concerns raised in the February report. This new informationincluded VSwans not being able to lease directly from RDL, and information that VSwanshad secured funding from Lottery West to cover the costs of upgrades to the building.

Council subsequently resolved to direct the Chief Executive Officer to enter into negotiationswith RDL to lease Lot 302 Second Ave and to negotiate a sub-lease of that lot to VSwans forthe purpose of a youth drop-in center, with VSwans being responsible for all costsassociated with planning approvals and restoring the building to meet Australian Standards.

CommentA recent assessment of the property by Ray White Real Estate estimated that this propertycould achieve approximately $1,500 a week in income of it was to be leased commercially,however the management order over this land only allows it to be used for the purpose of the “Onslow Youth Centre” making such a rental return unlikely.

ATTACHMENT 15.1A

Section 3.58 of the Local Government Act (1995) allows for land to be disposed of byauction, public treaty or tender. However, the Local Government (Functions andRegulations) 1996 Regulation 30

“(b) allows for an exemption to this when that the land is disposed of to a body,whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural,educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniaryprofit from the body’s transactions;”

VSwans is part of the Swan Districts Football Club, which is an incorporated not-for-profitorganization, whose objectives include providing educational, recreational and sportingopportunities. Advice received from the Department of Local Government is that the Shireis able to enter into a lease agreement directly with the Swan District Football Club (theparent body of VSwans) without the need for advertising, as stated in the email excerptbelow

“The Shire can enter into a lease with SWFC without undertaking the s 3.58 advertisingrequirements as it is an exempt disposition”.




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The Shire of Ashburton has been in lengthy negotiations with the Department of RegionalDevelopment and Lands, and the State Land Services Regional Team since March 2012 toensure all necessary procedures have been undertaken to enable a lease to be prepared forVSwans.

The purpose of the Reserve has been changed from Commercial and Civic to Communityusage to allow the Youth Centre to operate and the Department of Child Protection (DCP)have relinquished their management order over Reserve 22611. This management orderhas then been offered to the Shire of Ashburton for a period of 5 years (after the 5 yearperiod has expired, DCP can accept a new management order over this Reserve) for thepurpose of the “Onslow Youth Centre”. The management order can be surrendered at anytime by the Shire and has been offered to the Shire at a cost of $550.00 per annum plusinitial fees.

The Shire has notified RDL that it wishes to accept this management order and hasprepared the attached lease for VSwans. The lease is for a maximum period of 5 years (3years with a two year option) as this is the maximum period of time the management order

allows for. In addition, the lease is only available to VSwans until a new youth center, whichis currently planned as part of the Onslow recreation and aquatic precinct is completed.

VSwans have been consulted on the lease conditions, have been sent a copy of the leasedocument, and are happy to proceed with the conditions as detailed in the lease agreement.

ATTACHMENT 15.1B

ConsultationExecutive Management TeamPrincipal Town PlannerManager - Building ServicesVSwansWA Heritage Council

Statutory EnvironmentLocal Government Act 1995 s 3.58 Disposing of propertyLocal Government (Function and Regulations) 1996 Regulation 30 Dispositions of propertyexcluded from Act s. 3.58Lands Administration Act 1997Building Control ActHeritage ActShire of Ashburton Local Planning Scheme no 7

Health Act


Strategic ImplicationsStrategic Plan 2012 – 2022Goal 1 Active and Vibrant CommunitiesObjective 2 Active People, Clubs and Associations

Policy ImplicationsREC05 Establishment Lease Policy




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Council Decision


That Council:

1. Accepts the Lease agreement, for a maximum of 3 years with a 2 year option, for a fee of $550.00 per annum (subject to increases by the State Land Services) for VSwans over Reserve 22611 (Lot 302 Second Avenue, Onslow) as per ATTACHMENT 15.1B.

2. Authorise the Commissioner and the A/Chief Executive Officer to affix thecommon seal of the Shire of Ashburton to the documentation.

3. Direct the A/Chief Executive Officer to forward the lease to the Minister for Regional Development and Lands for final approval.

CARRIED 1/0




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16. NEW BUSINESS OF AN URGENT NATURE INTRODUCEDBY DECISION OF MEETING

Council Decision


That Council considers the following New Business of an Urgent Nature:

16.1 NEW BUSINESS OF AN URGENT NATURE – TEMPORARY INCREASE INOVERDRAFT

16.2 NEW BUSINESS OF AN URGENT NATURE – AFFIXING THE COMMON SEALTO THE CONTRACT FOR TENDER NO.RFT 05/12 – TOM PRICE SPORTS

PAVILLION

17.3 NEW BUSINESS OF AN URGENT NATURE – CONFIDENTIAL ITEM –RECRUITMENT OF EXECUTIVE MANAGER TECHNICAL SERVICES

CARRIED 1/0




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16.1 NEW BUSINESS OF AN URGENT NATURE - TEMPORARY INCREASEOF OVERDRAFT

MINUTE: 11563

FILE REFERENCE: FI.LN.02.00


Lisa HannaganA/Executive Manager Corporate Services


Not Applicable

DATE REPORT WRITTEN: 4 June 2013




Not Applicable

SummaryIn order to increase its overdraft, Council needs to resolve the issue by an absolute majorityand advertise the proposal for a period of 21 days before access to the additional funds willbe made available by the Bank.

BackgroundDuring the 2013 Budget Review, it was apparent that there would be cashflow issues late inthe 2012/13 financial year and into the start of the 2013/14 financial year.

The cashflow issue is directly related to the construction of the Onslow Airport with majorexpenditure being incurred (and paid for by the Shire on a weekly basis) and then a period of 8 to 12 weeks wait from our invoicing to DSD and Chevron to payment being received.

In actioning this request, the Bank will require that we have complied with all statutoryconditions, including seeking Council approval and advertising our “Notice of Intention toBorrow” for a period of 21 days.

CommentShire staff have attempted to manage expenditure to minimize the requirement for atemporary overdraft, but cash in the bank is at critical levels and the overdraft must beincreased if the Shire is to meet its financial obligations.

It is expected that Rates will be raised in J uly 2013 but that cashflow from rates will not startbeing received until August/September 2013.




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ConsultationA/Chief Executive OfficerA/ Executive Manager - Corporate Services


Section 6.20 of the Local Government Act 1995 and Reg 20 of the Local Government(Financial Management) Regulations 1996

Financial ImplicationsIt is essential the overdraft is temporarily increased in order to meet Council’s financialobligations.


Policy Implications

Nil


Council Decision


That Council approve the temporary increase on Council’s overdraft up to $2million until 30 September 2013 and that Council advertise the proposal inaccordance with Section 6.21 of the Local Government Act 1995.


REASON FOR CHANGE OF RECOMMENDATION: To provide an ending date for thetemporary increase in overdraft.




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16.2 NEW BUSINESS OF AN URGENT NATURE - AFFIXING THE COMMONSEAL TO THE CONTRACT FOR TENDER NO.RFT 05/12 - TOM PRICESPORTS PAVILLION

MINUTE: 11564

FILE REFERENCE: EA.R.02659.000


Richard RepseviciusSpecial Projects Manager


Shire of Ashburton

DATE REPORT WRITTEN: 4 J une 2013



PREVIOUS MEETINGREFERENCE: Agenda Item 13.11 (Minute: 11292), Ordinary Meeting of

Council 19 September 2012

SummaryAt Ordinary meeting of 19 September 2012, Council resolved:

“That Council:

1) Nominate Cooper & Oxley as preferred tenderer.2) Delegate Authority to the Chief Executive Officer to negotiate and award the contract

up to a value of $6.5mil (incl GST).”

The project is a ‘design and construct’ development and is well underway. The contractamount is $5,515078.00 and a purchase orders have been issued by the Chief ExecutiveOfficer in accordance with delegation.

The matter before Council is to approve the fixing of the Common Seal to the Contract.

BackgroundAt Ordinary meeting of 19 September 2012, Council resolved:

“That Council:

1) Nominate Cooper & Oxley as preferred tenderer.2) Delegate Authority to the Chief Executive Officer to negotiate and award the contract

up to a value of $6.5mil (incl GST).”




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Comment The project is a ‘design and construct’ development and is currently under construction. The contract amount is $5, 515078.00 and a purchase orders have been issued by theChief Executive Officer in accordance with delegation.

The matter before Council is to approve the fixing of the Common Seal to the Contract.


Statutory EnvironmentLocal Government Act 1995, S3.57 Tenders for providing goods or servicesLocal Government (Functions and General) Regulations 1996 – Part 4; Division 2; r 11(2b)

Financial Implications The projected cost of the preferred tender is within the budget of $6.5M as contained in the

draft 2012-13 Financial Budget.

Strategic ImplicationsShire of Ashburton 10 Year Community Strategic Plan 2012-2022Goal 4 – Distinctive and Well Serviced PlacesObjective 3 – Well Planned TownsDesired Outcome – Distinctive and well-functioning towns

Policy ImplicationsCouncil PolicyFIN04 - Buy Local – Regional Price Preference PolicyFIN12 – Purchasing and Tender PolicyFIN14 – Tender Assessment Criteria Policy


Council Decision


That Council:

1. Authorise the Commissioner and the A/Chief Executive Officer to executethe relevant documentation for RFT 05/12 Tom Price Sports Pavilion andaffix the common seal of the Shire of Ashburton to the documentation.





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17. CONFIDENTIAL REPORTS

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

(2) If a meeting is being held by a Council or by a commit tee referred to insubsection (1)(b), the Council or committee may close to members of the publicthe meeting, or part of the meeting, if the meeting or the part of the meetingdeals with any of the following:

(a) a matter affecting an employee or employees;

(b) the personal affairs of any person;

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

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

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

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

affairs of a person,

Where the trade secret or information is held by, or is about, a personother than the local government.

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

(I) Impair the effectiveness of any lawful method or procedure for preventing,detecting, investigating or dealing with any contravention or possiblecontravention of the law;

(II) Endanger the security of the local government’s property; or (III) Prejudice the maintenance or enforcement of any lawful measure for

protecting public safety;

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

(h) such other matters as may be prescribed.




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Council Decision


That Council close the meeting to the public at 1.41pm pursuant to sub section 5.23(2) (a) and (b) of the Local Government Act 1995.

CARRIED 1/0

Anika Serer, Melissa May, Leanne Lind and member of the public left the meeting at 1.41pm.




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17.1 CONFIDENTIAL ITEM - PROPOSED FUNDING AGREEMENTSBETWEEN RIO TINTO IRON ORE AND SHIRE OF ASHBURTON FORTOM PRICE SPORTING PRECINCT AND OTHER PROJECTS

MINUTE: 11565

FILE REFERENCE: EA.R.02659.000


Anika SererActing Partnership & Revitalisation Manager


Not Applicable




PREVIOUS MEETINGREFERENCE: Agenda Item 13.11 (Minute No. 11292) – Ordinary Meeting of

Council 19 September 2012Agenda Item 10.2 (Minute No. 11167) – Ordinary Meeting 18April 2012Agenda Item 13.8 (Minute No. 11528) – Ordinary Meeting of

Council 8 May 2013

Council Decision


That Council:

1. Approves the draft funding agreement for the contribution of $3.15 million byRio Tinto Iron Ore for the construction of the Tom Price Sports Pavilion andClem Thompson Sports Precinct;

2. Delegates authority to the A/Chief Executi ve Officer to negotiate and finalise the

funding agreement providing any alterations do not substantially change themeaning, requirements or proposed payment schedule in the fundingagreement;

3. Authorise the A/Chief Executive Officer and Shire President to execute the finalfunding agreement;

4. Delegate authority to the Chief Executive Officer to execute future fundingagreements with Rio Tinto Iron Ore that are prepared in accordance with thePartnership Memorandum of Understanding and report to Council via an agendaitem.





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17.2 CONFIDENTIAL ITEM - SHIRE OF ASHBURTON PROBITY AUDIT -UPDATE ON ACTIONS

MINUTE: 11566

FILE REFERENCE: LE.LE.00.00




Not Applicable




PREVIOUS MEETINGREFERENCE: Agenda Item 17.1 (Minute No.11153) Ordinary Meeting of

Council 8 May 2013Agenda Item 17.1 (Minute No. 11510) Ordinary Meeting of Council 10 April 2013Agenda Item 17.2 (Minute No.11472) Ordinary Meeting of Council

13 March 2013Agenda Item 17.2 (Minute No.11446) Ordinary Meeting of Council13 February 2013Agenda Item 17.2 (Minute No.11423) Ordinary Meeting of Council23 J anuary 2013Agenda Item 17.2 (Minute No.11387)Ordinary Meeting of Council12 December 2012Agenda Item 17.4 Ordinary Meeting of Council21 November 2012

Council Decision


That Council receives the repor t contained in ATTACHMENT 17.2 “Shire of AshburtonProbity Report – Action Plan.”

CARRIED 1/0




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17.3 NEW BUSINESS OF AN URGENT NATURE - CONFIDENTIAL ITEM -RECRUITMENT OF EXECUTIVE MANAGER TECHNICAL SERVICES

MINUTE: 11567

FILE REFERENCE: OR.MT.2




Not Applicable




PREVIOUS MEETINGREFERENCE: Not Applicable

Council Decision


That Council:

1. Appoints Mr Troy Davis to the role of Executi ve Manager Technical Services;and

2. Endorses the contract offered to Mr Davis; and3. Authorise the A/Chief Executive Officer and Commissioner to affix the common

seal of the Shire of Ashburton to the documentation.

CARRIED 1/0




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Council Decision


That Council re-open the meeting to the publ ic at 1.44pm pursuant to sub section 5.23(2) (a) and (b) of the Local Government Act 1995.

CARRIED 1/0

Anika Serer, Melissa May, Leanne Lind and members of the public entered the meeting at1.44 pm.

The Commissioner announced the decisions made when the meeting was closed to thepublic.




18. COUNCILLOR AGENDA ITEMS There were no Councillor Agenda Items for this meeting.

19. PILBARA REGIONAL COUNCIL REPORT There were no Pilbara Regional Council Reports for this meeting.

20. NEXT MEETING The next Ordinary Meeting of Council will be held on 17 J uly 2013, at the CivicCentre, Tanunda Street, Tom Price commencing at 1.00 pm.

21. CLOSURE OF MEETINGCommissioner Yuryevich declared the meeting closed at 1.46pm.