a g e n d a2017/07/25 · wednesday 26 april 2017 6.00pm kambalda tuesday 23 may 2017 6.00pm...

SHIRE OF COOLGARDIE

A G E N D A

OF THE

ORDINARY COUNCIL MEETING

25 July 2017

6.00pm

COOLGARDIE

SHIRE OF COOLGARDIE

NOTICE OF ORDINARY MEETING OF COUNCIL

Dear Elected Member The next ordinary meeting of the Shire of Coolgardie will be held on Tuesday 25 July 2017 in the Coolgardie Council Chambers, Coolgardie commencing at 6:00pm.

JAMES TRAIL CHIEF EXECUTIVE OFFICER

Shire of Coolgardie Ordinary Council Meeting Agenda 25 July 2017 2

ORDINARY COUNCIL MEETING

25 July 2017

Welcome to the Ordinary Council Meeting of the Shire of Coolgardie.

The dates, times and locations of the Ordinary Council Meetings for 2017 are listed hereunder. This month’s meeting is highlighted.

James Trail

CHIEF EXECUTIVE OFFICER

Tuesday 24 January 2017 6.00pm Coolgardie

Tuesday 28 February 2017 6.00pm Kambalda

Tuesday 28 March 2017 6.00pm Coolgardie

Wednesday 26 April 2017 6.00pm Kambalda

Tuesday 23 May 2017 6.00pm Coolgardie

Tuesday 27 June 2017 6.00pm Kambalda

Tuesday 25 July 2017 6.00pm Coolgardie

Tuesday 22 August 2017 6.00pm Kambalda

Tuesday 26 September 2017 6.00pm Coolgardie

Tuesday 24 October 2017 6.00pm Kambalda

Tuesday 28 November 2017 6.00pm Coolgardie

Tuesday 19 December 2017 6.00pm Kambalda


DISCLAIMER

INFORMATION FOR PUBLIC ATTENDING COUNCIL MEETINGS PLEASE NOTE: THE RECOMMENDATIONS CONTAINED IN THIS AGENDA ARE OFFICERS RECOMMENDATIONS ONLY AND SHOULD NOT BE ACTED UPON UNTIL COUNCIL HAS RESOLVED TO ADOPT THOSE RECOMMENDATIONS. THE RESOLUTIONS OF COUNCIL SHOULD BE CONFIRMED BY PERUSING THE MINUTES OF THE COUNCIL MEETING AT WHICH THESE RECOMMENDATIONS WERE CONSIDERED. MEMBERS OF THE PUBLIC SHOULD ALSO NOTE THAT THEY ACT AT THEIR OWN RISK IF THEY ENACT ANY RESOLUTION PRIOR TO RECEIVING OFFICIAL WRITTEN NOTIFICATION OF COUNCILS DECISION.

James Trail CHIEF EXECUTIVE OFFICER


COUNCIL MEETING INFORMATION NOTES 1. Your Council generally handles all business at Ordinary or Special Council Meetings. 2. From time to time Council may form a Committee to examine subjects and then report to Council. 3. Generally all meetings are open to the public; however, from time to time Council will be required to deal

with personal, legal and other sensitive matters. On those occasions Council will generally close that part of the meeting to the public. Every endeavour will be made to do this as the last item of business of the meeting.

4. Public Question Time. It is a requirement of the Local Government Act 1995 to allow at least fifteen (15)

minutes for public question time following the opening and announcements at the beginning of the meeting. Should there be a series of questions the period can be extended at the discretion of the Chairman.

Written notice of each question should be given to the Chief Executive Officer fifteen (15) minutes

prior to the commencement of the meeting. A summary of each question and response is included in the Minutes.

When a question is not able to be answered at the Council Meeting a written answer will be

provided after the necessary research has been carried out. Council staff will endeavour to provide the answers prior to the next meeting of Council.

5. Councillors may from time to time have a financial interest in a matter before Council. Councillors must

declare an interest and the extent of the interest in the matter on the Agenda. However, the Councillor can request the meeting to declare the matter trivial, insignificant or in common with a significant number of electors or ratepayers. The Councillor must leave the meeting whilst the matter is discussed and cannot vote unless those present agree as above.

Members of staff, who have delegated authority from Council to act on certain matters, may from time to time have a financial interest in a matter on the Agenda. The member of staff must declare that interest and generally the Chairman of the meeting will advise the Officer if he/she is to leave the meeting.

6. Agendas including an Information Bulletin are delivered to Councillors within the requirements of the Local

Government Act 1995, i.e. seventy-two (72) hours prior to the advertised commencement of the meeting. Whilst late items are generally not considered there is provision on the Agenda for items of an urgent nature to be considered.

Should an elector wish to have a matter placed on the Agenda the relevant information should be

forwarded to the Chief Executive Officer in time to allow the matter to be fully researched by staff. An Agenda item including a recommendation will then be submitted to Council for consideration.

The Agenda closes the Monday week prior to the Council Meeting (i.e. ten (10) days prior to the meeting).

The Information Bulletin produced as part of the Agenda includes items of interest and information, which does not require a decision of Council.

7. Agendas for Ordinary Meetings are available in the Coolgardie and Kambalda Offices/Libraries seventy-two

(72) hours prior to the meeting and the public are invited to secure a copy.


8. Agenda items submitted to Council will include a recommendation for Council consideration. Electors should not interpret and/or act on the recommendations until after they have been considered by Council. Please note the Disclaimer in the Agenda (page 3).

9. Public Question Time – Statutory Provisions – Local Government Act 1995 Time is to be allocated for questions to be raised by members of the public and responded to at:

(a) Every ordinary meeting of a council; and (b) Such other meetings of councils or committees as may be prescribed

Procedures and the minimum time to be allocated for the asking of and responding to questions raised by members of the public at council or committee meetings are to be in accordance with regulations.

9A. Question Time for the Public at Certain Meetings – s5.24 (1) (b)

Local Government (Administration) Regulations 1996

Reg 5 For the purpose of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by members of the public and responded to are:

(a) Every special meeting of a council; and

(b) Every meeting of a committee to which the local government has delegated a power or duty.

Minimum Question Time for the Public – s5.24 (2) Reg 6 (1) the minimum time to be allocated for the asking of and responding to questions raised by

members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is fifteen (15) minutes.

(2) Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in sub regulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.

Procedures for Question Time for the Public – s5.24 (2)

Local Government (Administration) Regulations 1996 Reg 7 (1) Procedures for the asking of and responding to questions raised by members of the public at

a meeting referred to in regulation 6 (1) are to be determined:

(a) by the person presiding at the meeting; or (b) in the case where the majority of members of the council or committee present at the

meeting disagree with the person presiding, by the majority of members,

Having regard to the requirements of sub regulations (2) and (3).


(2) The time allocated to the asking and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) is to precede the discussion of any matter that requires a decision to be made by the council or the committee, as the case may be.

(3) Each member of the public who wishes to ask a question at a meeting referred to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response.

(4) Nothing in sub regulation (3) requires:

(a) A council to answer a question that does not relate to a matter affecting the local

government;

(b) A council at a special meeting to answer a question that does not relate to the purpose of the meeting; or

(c) A committee to answer a question that does not relate to a function of the committee.

10. Public Inspection of Unconfirmed Minutes (Reg 13)

A copy of the unconfirmed Minutes of Ordinary and Special Meetings will be available for public inspection in the Coolgardie and Kambalda Offices/Libraries within ten (10) working days after the Meeting.

NOTE: 10.3 Unopposed Business (1) Upon a motion being moved and seconded, the person presiding may ask the meeting if any member

opposes it. (2) If no member signifies opposition to the motion the person presiding may declare the motion in sub clause

(1) carried without debate and without taking a vote on it, (3) A motion carried under sub clause (2) is to be recorded in the minutes as a unanimous decision of the

Council or committee. (4) If a member signifies opposition to a motion the motion is to be dealt with according to this Part. (5) This clause does not apply to any motion or decision to revoke or change a decision which has been made

at a Council or committee meeting.


QUESTION TIME FOR THE PUBLIC (Please Write Clearly) DATE: _____________________________________________________ NAME: _____________________________________________________ TELEPHONE:___________________________________________________ ADDRESS: _____________________________________________________ QUESTIONS TO THE PRESIDENT:-

• GENERAL QUESTION / QUESTION RELATED TO THE AGENDA) (Strike out unnecessary words)

ITEM NO: ______________________ PAGE NO: _________________________ _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

PLEASE PASS TO THE CHIEF EXECUTIVE OFFICER FOR REFERRAL TO THE PRESIDENT BY 5.45PM AT THE MEETING, OR BY 12.30PM ON THE DAY OF THE MEETING AT THE KAMBALDA OFFICE, IRISH MULGA DRIVE, and KAMBALDA.


SHIRE OF COOLGARDIE

DISCLOSURE OF INTERESTS TO THE CHIEF EXECUTIVE OFFICER: Under the Provisions of Division 6 of Part 5 of the Local Government Act 1995, I hereby disclose a Financial Interest/s in the matter/s listed on this form, which is/are scheduled for consideration at the meeting of Council to be held on: TUESDAY __________________________________________________________ 2017 Where indicated by the word ‘YES’ in column 6, I will be seeking a determination (under Section 5.68) by the meeting, for reasons I will expand on. (Print Name)_______________________ (Signature) __________________(Date)_________ NOTE: Members of Council are asked to deliver this completed form to the Chief Executive

Officer on the day of the Council Meeting as required by the Act. Where this is not practicable the Disclosure/s may be telephoned to the Council Office on 9080 2111 and/or the form subsequently passed to the Chief Executive Officer prior to the meeting.

ITEM PAGE

No. TYPE REASON


For inclusion for interest declaration Interests Affecting Impartiality: Disclosing Statement “With regard to….(the matter in item)… I disclose that I have an association with the applicant. As a consequence, there may be a perception that my impartiality on the matter may be affected. I declare that I will consider this matter on its merits and vote accordingly.”

APPLICATION FOR LEAVE OF ABSENCE

I Cr, ________________________ herby request leave of absence for the following

Dates, From ________________________ to____________________________

Signed Cr: _____________________ Date___________________


TABLE OF CONTENTS / INDEX

ITEM PAGE No. ITEM HEADING No. 1.0 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 13 2.0 RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE 13 2.1 Present 2.2 Apologies 2.3 Approved Leave of Absence 3.0 DECLARATIONS OF INTEREST 13 3.1 Declarations of Financial Interests - Local Government Act Section 5.60A 3.2 Declarations of Proximity Interests - Local Government Act Section 5.60B 3.3 Declarations of Impartiality Interests - Admin Regulation 34C 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 13 Nil 5.0 PUBLIC QUESTION TIME 13 6.0 APPLICATIONS FOR LEAVE OF ABSENCE 13 7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 14 7.1 ORDINARY MEETING OF COUNCIL 27 JUNE 2017 14 7.2 SPECIAL MEETING OF COUNCIL 13 JULY 2017 14 8.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION 14 President's Report 14 9.0 PETITIONS/DEPUTATIONS / PRESENTATIONS / SUBMISSIONS 16 Nil 10.0 REPORTS OF COMMITTEES 16 Nil


11.0 REPORTS OF OFFICERS 17 11.1 CHIEF EXECUTIVE OFFICER 17 11.1.1 Monthly Activity Report 17 11.1.2 Monthly List of Municipal and Trust Fund Payments 34 11.1.3 WALGA 2017 Annual General Meeting Voting Delegates 36 11.1.4 Rates Write Off 38 11.1.5 Council Elections 2017 40 11.1.6 Appointment of Auditor for the period 2018 - 2019 44 11.1.7 Financial Activity Statement For The Period Ended 30 June 2017 47 11.2 DEPUTY CHIEF EXECUTIVE OFFICER 50 11.2.1 Risk Management Reporting System 50 11.2.2 Budget amendment for Waste Coordinator Ute 52 11.2.3 Policy AD – 18 Regional Price Preference Policy 54 11.2.4 Appointment of Authorised Officer 56 11.3 COMMUNITY SERVICES 60 Nil 11.4 TECHNICAL SERVICES 60 Nil 12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 60 Nil 13.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 13.1 ELECTED MEMBERS 60 Nil 13.2 OFFICERS 60 Nil

14.0 CONFIDENTIAL ITEMS 60 14.1 Gratuity Payment 60 15.0 CLOSURE OF MEETING 60


1.0 DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS 2.0 RECORD OF ATTENDANCE / APOLOGIES / APPROVED LEAVE OF ABSENCE 2.1 PRESENT: MEMBERS OF STAFF:

MEMBERS OF THE PUBLIC:

2.2 APOLOGIES: 2.3 APPROVED LEAVE OF ABSENCE:

3.0 DECLARATIONS OF INTEREST 3.1 DECLARATIONS OF FINANCIAL INTERESTS – LOCAL GOVERNMENT ACT SECTION 5.60A 3.2 DECLARATIONS OF PROXIMITY INTERESTS – LOCAL GOVERNMENT ACT SECTION 5.60B 3.3 DECLARATIONS OF IMPARTIALITY INTERESTS – ADMINISTRATION REGULATION 34C 4.0 RESPONSE TO PREVIOUS PUBLIC QUESTION TIME TAKEN ON NOTICE Nil 5.0 PUBLIC QUESTION TIME 6.0 APPLICATIONS FOR LEAVE OF ABSENCE


7.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ITEM 7.1 ORDINARY MEETING OF COUNCIL 27 JUNE 2017 OFFICERS RECOMMENDATION: That the minutes of the Ordinary Meeting of Council of 27 June 2017 be confirmed as a true and accurate record. ITEM 7.2 SPECIAL MEETING OF COUNCIL 13 JULY 2017 OFFICERS RECOMMENDATION: That the minutes of the Special Meeting of Council of 13 July 2017 be confirmed as a true and accurate record. 8.0 ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

President's Report July 2017

Councillors and Staff will be participating in a series of workshops during the next two weeks to discuss rating and budget modelling strategies with a view to be in a position to adopt the 2017/18 Budget early next month. It is hoped that this will help the preparation of our financial position with regard to having the Auditors visit to the Shire in September. The Shire hosted community forums on the 11th and 12th of July in Coolgardie with Presentations and Information regarding the trials of the implementation of the Federal Government Welfare Debit Card in the communities of Ceduna in SA, and the East Kimberly in WA. The presentation was conducted by Dougall Ethell from the Minderoo Foundation, who did an excellent job explaining how the system worked and the outcomes and improved results in both of these communities following the Cards implementation. The first session on Tuesday was for Councillors and other Government agencies, and the second on Wednesday morning for the public, was well attended with 35 people coming along, including the Member for Kalgoorlie Kyran O'Donnell, Superintendent of Police Darryl Gaunt, our new OIC of Police in Coolgardie Shannon McGowan, Patsy Dellar from the IGA and members of the Judumul Advisory Aboriginal Corporation (formerly CAAG ) which l thought was a great turnout. During and following the Presentation, there were many questions put to Dougall, regarding peoples concerns about how they would be affected should the Card be introduced within the Goldfields Region. Follow much discussion most peoples fears that anyone would be disadvantaged were allayed by Dougall, and overall the majority of people in attendance were in favour that the introduction of the Card would actually benefit the Region.


The Shire received some really great news last week with verification of funding from Regional Development for the continuation of our Community Resource Centres in both Coolgardie and Kambalda, for the next eighteen months. l would like to make special mention of the work that our co-ordinators Leanne and Val put in to preparing the Tender Documents to secure this funding and in doing so they have saved an estimated $8,000,that consultants have charged other Shires to prepare their tenders. During these eighteen months it will be imperative that we gain the support of the whole community to fully utilize the programmes and projects within our Recreation Facilities provided by the CRC's in an endeavour to secure follow on funding for the next fifteen months thereafter. Councillors and Staff embarked on separate road trips to Widgiemooltha last week to investigate the proposed road closure by Mincor Resources at the proposed mining operation south of the townsite. Meeting with local resident Jan McLeod and Paul Darcy from Mincor, on site has revealed that the subject road is not actually on the road reserve and Mincor have offered to realign the existing track for access by light vehicules, therefore removing the need to close the road. The Shire will await any submissions on the proposal before making a decision. The CEO and l have hosted several meetings recently with proponents of haulage campaigns and one in particular with Maxximus Resources, who have purchased the Burbanks Treatment Facility 10kms south of Coolgardie. They are intending to commence toll treating gold ore from various mining ventures surrounding Coolgardie, whilst looking at recommencing mining at the Wattle Dam Mine south of Kambalda. They will then transport the ore to the plant at Burbanks. The other meeting with Empire Resources and Hampton Transport, who are intending to be the first customers at Burbanks, are requesting permits to haul their ore on Ladyloch and Nepean Roads in the Shire. This is all good news with increased mining activity in the Shire. Further good news this week, has seen the arrival of a brand new T & R transportable home in Coolgardie last week. This is the third brand new home under construction this year, with two other site built homes nearing completion. Despite the negative statistics from the recent census, it goes to show that people are still positive about building and living in our towns, which augers well for our future. The Goldfields Tourism Network launch of the Golden Quest Discovery Trails smart phone app of the Drive Yourself Wild promotion of the self drive trails of the Goldfields Region was held at the Hannans North Tourist Centre on June 30th. This was followed up by a $10,000 advertising campaign on Gwn 7 to be run until October, to promote and entice the older travellers to the Goldfields Region during the Spring months.lt is great to see Neil and the GTN committee are being really proactive in the promotion of tourism in the Region and looking at all avenues of giving all the member Shires value for the money they are investing in tourism in their towns. Malcolm Cullen Shire President.


9.0 PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS Nil 10.0 REPORTS OF COMMITTEE


11.0 REPORTS OF OFFICERS

11.1 CHIEF EXECUTIVE OFFICER AGENDA REFERENCE: 11.1.1 SUBJECT: Monthly Activity Report LOCATION: Nil APPLICANT: Nil FILE REFERENCE: NAM5569 DISCLOSURE OF INTEREST: The author has no financial interest in this report. DATE: 17 July 2017 AUTHOR: Executive Assistant, Tyler Thornton SUMMARY: For Council to receive the monthly activity reports for June 2017. BACKGROUND: This report is to provide Council information on the activity of various Council services and facilities.


COMMENT:

Development Services


Recreation Services


Community Services


Ranger Services


Technical Services

Document Number

Action Status Date

DATE SENT

RECD - 1dsc

Description Description

ICS21016 10/07/2017 10/07/2017 Verbal complaint received from Coolgardie resident RE: poor condition of road between Nepean/Burra Rocks & Burra Rocks/Cave Hill (requested roads be graded). Complained about Ford Street intersection (no footpath etc).

Outstanding

ICS20713 19/06/2017 19/06/2017 WRF#3227 - local resident has requested the pavement at Railway Lodge (Cnr Bayley/Lefroy Sts, Coolgardie) be pressure cleaned.

Responded to

ICS20540 01/06/2017 01/06/2017 90-day Notice for Recent trees Inspection within the Shire of Coolgardie WRF 3226 written up listing 6 Kambalda properties for assessing/pruning "dangerous" trees.

Responded to

Governance DATE RES.

No. ACTION REQUIRED

Ordinary Council Meeting 16 December 2014

16 Dec 14

227/14

COUNCIL RESOLUTION: # 227/14

That Council pursuant to Section 6.64(1)(b) of the Local Government Act 1995, where all reasonable efforts to locate the owner of the properties listed in attachment 1 and attachment 2 proceed to:

1. Surrender to the Crown the 78 properties listed in the attachment 1 which have rates in arrears for three or more years, where the cost of proceedings for the recovery of outstanding rates would be equal or exceed the value of the land,

2. Sell the 12 properties listed in attachment 2 which have arrears for three or more years, and recover from the proceeds of the sale the outstanding balances which total $77,765.04.

In Progress - Review being done to auction 12 properties – Desktop costing on return being done


Ordinary Council Meeting 27 January 2015

27 Jan 15 013/15

COUNCIL RESOLUTION: # 013/15 That Council disposes of the property at Lot 101 (No. 68) Serpentine Rd, Kambalda East by public tender.

Pending – officers need to check land tenure and whether able to auction

Ordinary Council Meeting 24 March 2015 24 March 15

050/15 COUNCIL RESOLUTION: # 050/15

That Council resolves to – 1) Instruct the Chief Executive Officer or his nominated

representative to pursue vesting of a reserve over Vacant Crown Land and Lot 117 as indicated on the attached plan for the purpose of Horse Blocks, and on completion of the process to report to Council for Direction

2) Indemnify the Department of Regional Development and Lands against any cost or compensating claims arising from the taking process.

In progress – Desktop costings being done on possible development and sales figures – awaiting information from planning

24 March 15


That Council resolve to – 1) Instruct the Chief Executive Officer or his nominated

representative to pursue vesting of a reserve over Vacant Crown Land and Lot 117 as indicated on the attached plan for the purpose of Motorised Sports, and on completion of the process to report to Council for Direction

2) Indemnify the Department of Regional Development and Lands against any cost or compensating claims arising from the taking process.

In progress – Meeting to be held with Lawyers for update by this July

Ordinary Council Meeting Minutes 28 July 2015

28 July 15 137/15 COUNCIL RESOLUTION: # 137/15

That Council resolve to – 1) Instruct the Chief Executive Officer or his nominated

representative to pursue vesting of a reserve over Vacant Crown Land as indicated on the attached plan for the purpose of Rifle Club, and on completion of the process to report to Council for Direction

2) Indemnify the Department of Regional Development

In progress – Meeting to be held with lawyers by mid July for update


and Lands against any cost or compensating claims arising from the taking process.

Ordinary Council Meeting 26 April 2016 26 April 16 068/16 COUNCIL RESOLUTION: # 068/16

That Council 1. Authorise the Chief Executive Officer or his delegate to

negotiate an agreement between Goldfields Masonic Homes Inc and the Shire of Coolgardie for the sale of the six units, known as Montana Homes for a total of $30,000.00 (being $5,000.00 per unit), with Masonic Homes Inc to provide a written commitment to construct an additional two units subject to Grant funding availability.

2. Advise the Minister for Lands of their support for the transfer of the Management Order over Reserve 35500, Lot 2126 of the units known as Montana Homes, 1, 3, 5, 7, 9, 11

Hunt Street Coolgardie to Goldfields Masonic Homes Inc 3. Advertise the proposed disposal of Reserve 35500, Lot

2126 to Goldfields Masonic Homes Inc. in accordance with Section 3.58 of the Local

Government Act 1995. 4. Authorise the President and Chief Executive Officer to

affix the Common Seal and sign the associated contract documents.

In Progress with shire lawyers – report to Council at July 2017 Meeting

26 April 16 071/16 COUNCIL RESOLUTION: # 071/16

That Council 1. Review the effect the proposed lease between the

Shire of Coolgardie and The National Trust of Australia (WA) for Warden Finnerty’s Coolgardie Western Australia will have on the annual operating budget for the year ending 30 June 2017

2. Invite representatives of the National Trust of Australia (WA) to discuss future plans for the property.

3. Defer the decision to sign the lease between the Shire of Coolgardie and the National Trust of Australia (WA) for Warden Finnerty’s Coolgardie Western Australia until negotiations with the National Trust of Australia (WA) regarding the current condition of the building and other improvements on the land, and

4. An item be presented to Council immediately following discussions with the National Trust of Australia (WA) to recommend actions to be taken for the future of the operation of services at Warden Finnerty’s Coolgardie

In Progress- with Shire lawyers – meeting to discuss in August all land tenure issues


Western Australia.

Ordinary Meeting of Council 25 October 2016

25 Oct 16 289/16 COUNCIL RESOLUTION: # 289/16 That Council defer Agenda item 11.3.3 (change of tenure for Shire reserve) presented in the October 2016 Ordinary Meeting of Council until the February Ordinary Meeting of Council. At this time future information and updates will be provided as to the status of this land purpose issue

Discussion required with Lawyers as part of July discussion

Ordinary Council Meeting 28 February 2017

14 Marc 17 066/17 COMMITTEE RECOMMENDATION: # 066/17 That the Audit Committee: 1. Accepts the Annual Financial Statements for the period ending 30th June 2016, Independent Auditor’s Report and Management Report for the Year Ended 30 June 2016 2. Recommends the Council adopt the Annual Financial Statements for the period ending 30th June 2016 3. Recommends the Council receive the Management Report for the Year Ended 30 June 2016 4. Recommends to Council the Acting Chief Executive Officer prepare an action report on the matters raised in the Management Report for the year ended 30 June 2016 to be presented to the Council at the April 2017 Ordinary Meeting of Council 5. Recommend to Council that the action report be forwarded to the Minister in accordance with s 7.12A (4) of the Local Government Act 1995

In Progress

28 March 17


1. That Council authorise the CEO to negotiate a new lease for the portion of three (3) rooms and the shared reception area at the Kambalda Health Centre, 2 Gumnut Place, Kambalda. “Description: Portion of the premises known as the Kambalda Health Centre and comprising exclusive use of offices 8, 9 and 24 together with shared use of reception area 26 and non-exclusive use of common areas. Exclusive use area is approximately 43.1 sqm.

2. That the lease agreement is brought back to Council for final adoption

In Progress Meeting scheduled with Jupiter – meeting cancelled at last minute due to extraordinary circumstance – meeting to be rescheduled


Ordinary Council Meeting 26 April 2017 26 April 17


1. That Council request the CEO to investigate options for the lease of land to the Kambalda subcentre branch

2. That Council request all relevant stakeholders be consulted as part of the process

That Council request following those discussions that the CEO write to the minister to lease the appropriate reserve giving the Shire the power to lease to the Kambalda Sub Centre branch of St Johns Ambulance.

In progress – meetings held awaiting feed back from sub centre branch

Special Meeting 15 June 2017 15 June 17 125/17 COUNCIL RESOLUTION: # 125/17

That Council 1. Note the error and misinformation in the minutes of the

Council Meeting held on the 28th March in agenda item 11.1.5 namely;

“Of the five tenders submitted only Tenderer A was fully compliant. The remaining Tenders were non-compliant for the following reasons:

1. Tenderer B - Non-compliant – (Quoted Ruckus wireless access points and have made no reference to the size of the server memory)

2. Tenderer C Non-compliant – (Quoted a different Cisco wireless solution and have made no reference to the size of the server memory)

3. Tenderer D - Non-compliant – (Quoted Ruckus Xirrus wireless solution)

4. Tenderer E - Non-compliant – (Quoted Fortinet Wireless access points and have made only 16GB of memory for the server)”

2. Note Confidential Attachments: a. Letter dated 4th May 2017 to Tenderer B b. Letter dated 3rd May 2017 to Tenderer D c. Shire Coolgardie: Assessment of the Tender process

for RFT 05-07 Procurement Plan dated 26th April 2017 d. Letter dated 30th March 2017 from Tenderer B e. Letter dated 30th March 2017 from Tenderer D

3. Note the letter dated 11th May 2017 from the Department of Local Government and Communities as attached

4. Noting section 4 Conclusion of Confidential Attachment Shire Coolgardie: Assessment of the Tender process for RFT 05-07 Procurement Plan, authorise the Acting Chief Executive Officer to award Tender 05/17 “Information

Awaiting revised quote meeting held project team set up


Technology upgrade “for $256,523.57 ex GST to Tenderer (A) Emerge Technologies Pty Ltd 49 Brookman Street, Kalgoorlie 6430.

5. Authorise a contract to Emerge Technologies Pty Ltd 49 Brookman Street, Kalgoorlie for the Information Technology upgrade.

6. Authorise the Shire President and the Acting Chief Executive Officer to sign and affix the Common Seal in accordance with Part 19.1(2) of the Standing Orders Local Law to any required documentation.

15 June 17 126/17 COUNCIL RESOLUTION: # 126/17 That Council, in relation to a request to the closure of Road 1051 Widgemooltha resolves to-

1. SUPPORT initiating the formal Road Closure process in accordance withSection58 of the Land Administration Act and Regulations

2. SUPPORT in principle the request by Mincor Resources to close Road 1051 within Widgemooltha, has having merit.

3. INITIATES public notification of the proposed road closure for a period of no less than 35 days from publication in the newspaper circulating in the district that covers the subject site.

4. NOTIFIES landowners within Widgemooltha town site of the proposal by letter and invite comments.

5. INITIATES the preparation of sketch plans of the road reservation 1051.

6. CONSIDERS a further report on any submissions received during the notification period and makes a final recommendation.

Meetings held on site with Mincor and some councillors awaiting planning advice

15 June 17 127/17 COUNCIL RESOLUTION: # 127/17 1. Accept the Tender for RFT 06/17 “Design and

Construction for the Coolgardie skate park” to Services INC PTY LTD of 13 Hardings Road, Karrabin, Queensland to the value of $130,500 excluding GST with the following condition. A. The site survey classification of the Coolgardie skate park is classified as an M Class classification.

2. Allow the Acting Chief Executive Officer to approve variations up to the 10% of the total value of the project

Ordinary Council Meeting 27 June


27 June 17 132/17 COUNCIL RESOLUTION # 132/17 That Council Receive the Petition and request that the CEO Forward to Regional Manager of Mainroads WA and the Minister for Transport, Planning and Lands.

In progress

27 June 17 136/17 COUNCIL RESOLUTION: # 136/17 That Council

1. Declare, in accordance with section 4.20 of the Local Government Act 1995, the CEO be responsible for the conduct of the 2017 ordinary elections together with any other elections or polls which may also be required; and

2. Decide, in accordance with section 4.61(1) of the Local Government Act 1995 that the method of conducting the election will be as a voting in person election.

Or That Council

1. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2013 ordinary elections together with any other elections or polls which may also be required; and

2. Decide, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the election will be as a postal election.

To be considered at July meeting

27 June 17 147/17 COUNCIL RESOLUTION: # 147/17 1.That Council appoint Aon Risk Services LTD as the Shire of

Coolgardie’s insurance broker, advisor and risk manager to provide the services detailed in the scope of works document 0618/0626 “ provision of insurance broking, risk management and financing services effective from 1 July 2017 for a two year period for an annual fee of $25,000 plus GST

2. That Council request Aon to place the Shire’s property insurances in the Global insurance market with Berkshire Hathaway to the value of $68,328.00.

3. That Council place the non LGIS scheme membership and workers compensation insurances as per the attachment with Aon risk services LTD to the value of $109,464.00

4. Retain LGIS insurance for public liability and professional indemnity and crime policy. As per the attachment to the value of $49,878.00

Meeting held with Aon drafting details letter to be drafted


5. That the CEO write to the Minister of Local Government, GVROC and WALGA raising concerns of LGIS grossing up prices of small Local Governments

27 June 17 149/17 COUNCIL RESOLUTION: # 149/17 That Council

1. Appoint Mr. James Trail to the position of Chief Executive Officer of the Shire of Coolgardie for a period of 3 years, commencing on 1 July 2017.

2. Endorses and is satisfied with the provisions of the proposed Chief Executive Officer Employment Contract as shown in Confidential Attachment, with a total annual remuneration package of $273,975.00. (Absolute Majority Required)

3. Authorises the Shire President to execute the Chief Executive Officer Employment Contract on behalf of the Shire of Coolgardie in accordance with s.9.49A of the Local Government Act 1996.

Delegated Authority Used

Date Requesting Group Description Delegation used Amount 26/06/2017 East Club Bus use for give me 5 Kids Donation $18.00 9/05/2017 70 Pumping station Add shade awning and internal

alterations to toilet, laundry and bathroom walls. Minor structural

member replacement as required during conservation works.

Building Approval $49,500.00

11/05/2017 42 Hopbush street Kambalda

Carport off the front of house Building Approval $3,500.00

12/05/2017 2 Morgan Street Coolgardie

New Dwelling Building Approval $351,563.0

0 6/06/2017 1 Eucalypt

Kambalda 2X Steel Framed Shed, Concrete

Floor Building Approval $39,990.00

26/06/2017 ML 15/717 Mining Lease Coolgardie

143 Man Accommodation Village, Transient Worker Accommodation.

Building Approval $3,250,000.

00 27/06/2017 116 Sylvester Street Patio/Steel Building Approval $7,400.00 27/06/2017 14A Quandong

Kambalda Patio/Steel Building Approval $5,500.00

7/06/2016 40 Everlasting Concrete Pad with Shed/ Garage Built on it.


4/07/2017 ML 15/717 Mining Lease Coolgardie

Mt Marion - Second Building Permit Submission for the remaining accommodation

modules and attached verandas


0


Rates Bach Transaction listing (Delegated Authority)

Assessment Property Address Charge code Due Date Credit

A165 9 Bluebush Road, Kambalda West 2 Rate Arrears 10/06/15 16.50

A341 14 Hopbush Street, Kambalda West 1 Rates 10/0915 23.43

A730 6 Bachelor Avenue, Kambalda West 1 Rates 10/0915 18.74

A784 65 Saltbush Road, Kambalda West 1 Rates 10/0915 54.06

A1065 21 Nickeltown Crescent, Kambalda 2 Rate Arrears 10/0915 17.62

A1147 31 Sturt Pea Crescent, Kambalda 2 Rate Arrears 10/0915 21.09

A1148 29 Sturt Pea Crescent, Kambalda 2 Rate Arrears 10/0915 23.21

CONSULTATION: Nil STATUTORY ENVIRONMENT: Nil POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATIONS: Nil VOTING REQUIREMENT: Simple Majority OFFICERS RECOMMENDATION: That Council note the various activity reports and delegated authority used for June 2017.


AGENDA REFERENCE: 11.1.2 SUBJECT: Monthly List of Municipal and Trust Fund Payments LOCATION: Shire of Coolgardie APPLICANT: Shire of Coolgardie FILE REFERENCE: NAM5568 DISCLOSURE OF INTEREST: The author has a financial interest in the item DATE: 19 July 2017 AUTHOR: Finance Coordinator, Joelee Nolan SUMMARY: For Council to receive the list of accounts for June 2017 BACKGROUND: The Local Government (Financial Management) Regulations 1996, Regulation 13(3)(b) requires that Council receive a list of accounts paid in the month, and that this be recorded in the minutes. Council has delegated to the Chief Executive Officer that authority to make these payments from Municipal and Trust Funds. COMMENT: Presented in this item is a table of accounts (invoices), and includes that cheque (or EFT) identifier for the transaction, the entity, date and amount paid, description of the goods, service, or other that relates to the payment. Extra details of invoices relating to payments are included for the information of Councillors. The schedule of payment made under delegated authority as summarised below and recommended to be received by Council, has been checked and is supported by vouchers and invoices which have been duly certified as to the receipt of goods and provision of services, and verification of prices and costings. CONSULTATION: Nil STATUTORY ENVIRONMENT: Local Government (Financial Management) Regulations 1996, Regulation 13 – Lists of Accounts.


POLICY IMPLICATIONS: CS-PROCUREMENTS POLICY. Policy CS-11 sets the guides with regards to the purchase of goods or services provided. FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATION: Solutions focussed and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance. Effective management of infrastructure, heritage and the environment. ▪ Develop and maintain Shire buildings, facilities and infrastructure assets. VOTING REQUIREMENT: Simple Majority OFFICER RECOMMENDATION: That Council receive listing (attached) of accounts paid during the month of June 2017 by the Chief Executive Officer under delegated authority of Council.

1. Municipal accounts totalling $1,110,494 on Municipal vouchers EFT13570 -- EFT13751, cheques 51864 - 51888, and direct payments made during the month of June 2017.

2. Trust payments totalling $1,326 on cheques 2134 – 2135.


AGENDA REFERENCE: 11.1.3 SUBJECT: WALGA 2017 Annual General Meeting Voting Delegates LOCATION: Nil APPLICANT: Nil FILE REFERENCE: NAM5570 DISCLOSURE OF INTEREST: The author has no financial interest in this report. DATE: 10 July 2017 AUTHOR: Executive Assistant, Tyler Thornton SUMMARY: This report recommends that Council nominate one councillor and the Chief Executive Officer as the Voting Delegates on behalf of the Shire of Coolgardie for the WALGA 2017 Annual General Meeting for the WA Local Government Association, which is being held at the Local Government Convention on Wednesday 2 August 2017. BACKGROUND: Local Government Week is held every year with this year’s being held from Wednesday 2 August to Friday 4 August 2017 at the Perth Convention and Exhibition Centre (PCEC). COMMENT: Depending on who will be available to attend Local Government Week will determine who will be the Shire of Coolgardie’s voting delegates. Generally, Councillors are the voting delegates, however if there are not enough Members available, the Council can nominate its Chief Executive Officer. FINANCIAL IMPLICATIONS: There are no financial implications in regards to the nomination of Council’s Delegates. STRATEGIC IMPLICATIONS: Diversified and strengthened local economy. ▪ Establish and strengthen partnerships with industry. ▪ Facilitate access to diverse housing and land development opportunities. ▪ Support the development of tourism in the region. VOTING REQUIREMENT: Simple Majority


OFFICER’S RECOMMENDATION: That Council nominate Cr, __________________ and Chief Executive Officer, James Trail as the Voting Delegates on behalf of the Shire of Coolgardie for the WALGA 2017 Annual General Meeting for the WA Local Government Association, which is being held at the Local Government Convention on Wednesday 2 August 2017.


AGENDA REFERENCE: 11.1.4 SUBJECT: Rates Write Off LOCATION: Nil APPLICANT: Nil FILE REFERENCE: NAM5571 DISCLOSURE OF INTEREST: The Author has no interest in this matter DATE: 19 July 2017 AUTHOR: Rates Officer, Melissa Butler SUMMARY: Council approval is sought to write off rate debts (totalling $2021.30) that have been raised in error. BACKGROUND: This report has been prepared as a result in the investigation of Ampac Debt Recovery regarding collecting rates arrears on a list of dead tenements passed onto Ampac Debt Recovery in March 2017. Please see attached. COMMENT: Assessment Number A16663 had rates raised on the non rateable property ( dead tenement ) due to a non rateable box not being ticked at the time of the dead tenement process being entered in to Synergy System by staff in 2003, totalling $2021.30 CONSULTATION: Chief Executive Officer, James Trail STATUTORY ENVIRONMENT: 1. “6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may –

(c) write off any amount of money, Which is owed to the local government

Local Government Act 1995 Section 6.47


POLICY IMPLICATIONS: CS-09 Rates Recovery and the reader’s attention is drawn to Delegation 27: “The Chief Executive Officer is delegated authority to write-off debts in relation to any amount of money, up to an amount of $200.” FINANCIAL IMPLICATIONS: Concessions for rates has been allowed in the 2016/2017 Annual budget STRATEGIC IMPLICATION: Solutions focused and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance. ▪ Development of Shire’s resources to provide optimum benefit to the community. VOTING REQUIREMENT: Absolute Majority OFFICER RECOMMENDATION: That Council resolve to write off assessment A16663 amount levied in rates at billing in error of $1564.75 and interest amount of $456.55


AGENDA REFERENCE: 11.1.5 SUBJECT: Council Elections 2017 LOCATION: Shire of Coolgardie APPLICANT: Shire of Coolgardie FILE REFERENCE: NAM5572 DISCLOSURE OF INTEREST: Nil DATE: 18 July 2017 AUTHOR: Chief Executive Officer, James Trail SUMMARY: For Council to consider whom to be responsible for the October 2017 Local Government General Election and the method of Election for the Shire of Coolgardie. BACKGROUND: On 21 October 2017, the Shire of Coolgardie, like all local authorities will be holding a general election, to fill four (4) vacancies in Council. Council has previously held a postal election, utilising the West Australian Electoral Commission (WAEC) to run and managed the electoral process in 2015 and an in person election in 2013. Recently Council received correspondence from the WAEC, inviting Council to contract with the commission in this year’s election, the estimated cost for the 2017 election if conducted as a postal ballot is $18,000.00 Inc GST, which has been based on the following assumptions:

• 1,700 electors • Response of approximately 40% • 4 vacancies • Count to be conducted at the offices of the Shire of Coolgardie Costs no incorporated in this estimate include: • Non-statutory advertising (ie any additional advertisements in community newspapers and

promotional advertising) • Any legal expenses other than those that are determined to be borne by the Western Australian

Electoral Commission in a Court of Disputed Returns • One local government staff member to work in the polling place on election day

Should Council wish to engage WAEC, then it has until the 80th day before the election date (2 August 2017) to formally resolve this desire. COMMENT: In order for the WAEC to run the 2017 Election, Council needs to resolve the following matters:

1) Appoint the Commissioner (or his delegate) as Returning Officer; and


2) Confirm that the election will be a postal election (as opposed to an in person election). Appoint the Commissioner (or his delegate) as Returning Officer Under the Local Government Act 1995, the Chief Executive Officer of Shire is automatically the returning officer, except if Council, with the approval of the Electoral Commissioner, appoints someone else. The Returning Officer effectively runs the election, including dealing queries from nominees and candidates, resolving disputes and declaring the election outcome. Though the current CEO has experience as Returning Officer, this experience does not include postal elections. Likewise if the WAEC is managing the election, it makes sense that the Electoral Commissioner (or his delegate) be the Returning Officer. Confirm that the election will be a postal election: Effectively section 4.61 requires Council to decide the method of election, Postal or In Person. At the last general election, Council choose to have a Postal Vote. This resulted in a 33.60% turnout rate (total electors = 1,725), resulting in 579 valid votes being cast. There are arguments for and against Postal or In Person, including:

1) Postal a. Generally greater turnout; b. More time for votes to be cast; c. Non local electors have a great chance to vote.

2) In Person a. Greater focus on electors living the district; b. An ability a community event out of Polling Day; c. Greater perceived transparency in the process (vote cast and winners declared on the

same day). Given that Council has previously held both a postal election and an in person election 2 recommendations have been provided for Council consideration. CONSULTATION: Nil STATUTORY ENVIRONMENT: Local Government Act 1995 4.20. CEO to be returning officer unless other arrangements are made (1) Subject to this section the CEO is the returning officer of a local government for each

election. (2) A local government may, having first obtained the written agreement of the person concerned

and the written approval of the Electoral Commissioner, appoint* a person other than the CEO to be the returning officer of the local government for —

(a) An election; or (b) All elections held while the appointment of the person subsists. * Absolute majority required. (3) An appointment under subsection (2) — (a) is to specify the term of the person’s appointment; and (b) has no effect if it is made after the 80th day before an election day.


(4) A local government may, having first obtained the written agreement of the Electoral Commissioner, declare* the Electoral Commissioner to be responsible for the conduct of an election, or all elections conducted within a particular period of time, and, if such a declaration is made, the Electoral Commissioner is to appoint a person to be the returning officer of the local government for the election or elections.

* Absolute majority required. (5) A declaration under subsection (4) has no effect if it is made after the 80th day before

election day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

(6) A declaration made under subsection (4) on or before the 80th day before election day cannot be rescinded after that 80th day.

4.61. Choice of methods of conducting election (1) The election can be conducted as a — postal election which is an election at which the method of casting votes is by posting or

delivering them to an electoral officer on or before election day; or voting in person election which is an election at which the principal method of casting votes

is by voting in person on election day but at which votes can also be cast in person before election day, or posted or delivered, in accordance with regulations.

(2) The local government may decide* to conduct the election as a postal election. * Absolute majority required. (3) A decision under subsection (2) has no effect if it is made after the 80th day before election

day unless a declaration has already been made in respect of an election for the local government and the declaration is in respect of an additional election for the same local government.

(4) A decision under subsection (2) has no effect unless it is made after a declaration is made under section 4.20(4) that the Electoral Commissioner is to be responsible for the conduct of the election or in conjunction with such a declaration.

(5) A decision made under subsection (2) on or before the 80th day before election day cannot be rescinded after that 80th day.

(6) For the purposes of this Act, the poll for an election is to be regarded as having been held on election day even though the election is conducted as a postal election.

(7) Unless a resolution under subsection (2) has effect, the election is to be conducted as a voting in person election.

POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Council will budget $18,000 in the draft Annual Budget 2017/18 to cover the cost of the 2017 Election if Council resolves to hold a postal election STRATEGIC IMPLICATION: Solutions focussed and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance. ▪ Effective communication and engagement processes. ▪ Development of Shire’s resources to provide optimum benefit to the community. Cohesive and engaged community. ▪ Develop a cohesive approach to community development across the Shire.


Diversified and strengthened local economy. ▪ Foster innovation, partnerships and investment from across sectors to support economic development

and the attraction and retention of residents. VOTING REQUIREMENT: Absolute Majority OFFICER RECOMMENDATION: That Council

1. Declare, in accordance with section 4.20 of the Local Government Act 1995, the CEO be responsible for the conduct of the 2017 ordinary elections together with any other elections or polls which may also be required; and

2. Decide, in accordance with section 4.61(1) of the Local Government Act 1995 that the method of conducting the election will be as a voting in person election.

Or That Council

1. Declare, in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2013 ordinary elections together with any other elections or polls which may also be required; and

2. Decide, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the election will be as a postal election.


AGENDA REFERENCE: 11.1.6 SUBJECT: Appointment of Auditor for the period 2018 - 2019 LOCATION: Nil APPLICANT: Nil FILE REFERENCE: NAM5583 DISCLOSURE OF INTEREST: Nil DATE: 20 July 2017 AUTHOR: Chief Executive Officer, James Trail SUMMARY: That Council appoint Moore Stephens partner Wen-Shien Chai as lead audit partner as auditor for the Shire of Coolgardie to conduct annual audits in compliance with Local Government (Audit) Regulation 3(b) and to report any matters of non-compliance with Part 6 of the Local Government Act 1995, the Local Government (Financial Management) Regulations 1996 or applicable financial controls in any other written law for a period of two years being the year ending 30 June 2018 with an option to extend to the year ending 30 June 2019. BACKGROUND: The appointment of auditors is traditionally for a period of three years. In March 2016, local governments were notified of the Liberal National Government’s proposal for the Auditor General to undertake financial and performance audits of the local government sector. It was proposed that the Auditor General and the Office of the Auditor General take responsibility for local government financial audits from 1 July 2017. Local governments were requested not to extend or renew audit contracts past the 2016-17 audit in anticipation of the Local Government Amendment (Auditing) Bill 2016 taking effect. On 25 August 2016 the Local Government Amendment (Auditing) Bill 2016 was introduced into the Legislative Assembly. However, the Bill will not pass before the dissolution of Parliament. Prior to the State Election, local governments were encouraged to extend or renew audit contracts until the 2017-18 audit with the option of annual extensions. (Attachment 1) The Local Government Amendment (Auditing) Bill 2017 was introduced into the Parliament of Western Australia on 11 May 2017 to transfer responsibility for local government auditing to the Auditor General. The Bill was passed by the Legislative Assembly on 29 June 2017 and will be considered by the Legislative Council in August 2017. Division 4 — Provisions for the Local Government Amendment (Auditing) Act 2017 section 51. Audit contracts may be terminated after completion of FY17/18 audit and 52. Audit contracts are terminated after completion of FY19/20 audit. (Attachment 2)


COMMENT: Expressions of interest for the provision of auditing services were advertising in a state circulating news paper 16 January 2016. Eight companies submitted expressions of interest for this service. Each of the companies had local government experience and all provided referees. In the agenda item to the April 2016 Ordinary Meeting of Council it was proposed that Council appoint their current auditor, Wen-Shien Chai of Moore Stephens for a further year, with an option of a second year dependent on action taken by the Department of Local Government and Communities. This will place the Shire in an excellent position to work with the Auditor General and to ensure continuity by maintaining the important relationship with Moore Stephens as we implement the recommendations of the recent probity audit undertaken by the Department of Local Government and Communities. At the April 2016 Ordinary Meeting of Council the Council resolved COUNCIL RESOLUTION: # 061/16 MOVED: COUNCILLOR, S BOTTING SECONDED: COUNCILLOR, K LINDUP That Council appoint Moore Stephens partner Wen-Shien Chai as lead audit partner as auditor for the Shire of Coolgardie to conduct annual audits in compliance with Local Government (Audit) Regulation 3(b) and to report any matters of non-compliance with Part 6 of the Local Government Act 1995, the Local Government (Financial Management) Regulations 1996 or applicable financial controls in any other written law for a period of one year being the year ending 30 June 2016 with an option to extend to the year ending 30 June 2017. CARRIED 7/0 It is proposed that Council appoint their current auditor, Wen-Shien Chai of Moore Stephens for a further two years to the year ending 30 June 2019. CONSULTATION: Shire Auditor STATUTORY ENVIRONMENT: Local Government Act 1995 Section 7.3. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Audit fees for the 2018 and 2019 financial audits will be included in the annual budgets for 2017/2018 and 2018/2019. STRATEGIC IMPLICATION: Solutions focussed and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance.


VOTING REQUIREMENT: Simple Majority OFFICER RECOMMENDATION: That Council:

1. Appoint Moore Stephens partner Wen-Shien Chai as lead audit partner as auditor for the Shire of Coolgardie to conduct annual audits in compliance with Local Government (Audit) Regulation 3(b) and to report any matters of non-compliance with Part 6 of the Local Government Act 1995, the Local Government (Financial Management) Regulations 1996 or applicable financial controls in any other written law for a period of two years being the year ending 30 June 2018 with an option to extend to the year ending 30 June 2019.

2. Note the fees for the 2018 audit are $23,000 and for the 2019 audit $24,000


AGENDA REFERENCE: 11.1.7 SUBJECT: Financial Activity Statement For The Period Ended 30 June

2017 LOCATION: Shire of Coolgardie APPLICANT: NIL FILE REFERENCE: NAM5579 DISCLOSURE OF INTEREST: The author has no financial interest in this report DATE: 20 July 2017 AUTHOR: Finance Coordinator, Joelee Nolan SUMMARY: For Council to receive the Monthly Financial Report for the period ending 30 June 2017. BACKGROUND: In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the Shire is to prepare a monthly Financial Statement for approval by Council. The format for monthly reporting was introduced by the Department of Local Government from 1 July 2005; the change was implemented to provide elected members with a better idea of operating and capital revenues and expenditures. The requirement is for a Statement of Financial Activity with a report detailing material variances. The Financial Report presented includes this as well as other statements and supplementary information. Section 6.4 of the Local Government Act 1995, requires that financial reports be prepared and presented in the manner and form prescribed in the Local Government (Financial Management) Regulations. Regulation 34 has been amended to require that Councils report on the sources and applications of funds on a monthly basis and that the report be noted by Council. COMMENT: Attached for consideration is the completed Monthly Financial Report for June 2017. The document attached includes Statements of Financial Activity by Statutory Reporting Program and by Nature and Type, an explanation of material variance as well as a summary of bank account balances at 31st May 2017, loan repayments, and reserve account status. In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the levels agreed by Council, which is currently 10% or $10,000. With the report prepared at program level, comments have been made regarding variances. A nil variance is equal to 100%, meaning that the year to date actual is identical to the year to date budget. Comments are therefore provided where variance values are <90% or >110%.


The financials for June continue to represent a steady financial position of the Shire given the rates for 2016/2017 levied and the receipt of grant income. The budget review for the month ending April 2017 presented to council in June forms the basis for the June financial report and portrays a more realistic outlook for the Shire for the year to date. The review encompassed funds which were not expected to be received, such as Roads to Recovery Grant funding, as well as additional budget expenditures passed by council, as in the case of the purchase of a new loader, with the review creating a budget more reflective of the operational and capital revenues and expenditures to that date. The amount attributable to operating activities was slightly lower than anticipated, after adjustment for depreciation and other non-cash movements. Accurate calculation of depreciation continues to be a high priority for the Shire, and final depreciation figures will not be confirmed until the annual reports are reviewed by the auditors. Adjustments in this area may affect the final outcomes, and figures in this report are indicative only, using the information currently at hand. The cash position of the Shire continues to remain relatively stable with cash and investments of $5.6 million. Approximately $1.3million of this balance is unrestricted cash with the exact amount to be confirmed on establishment of the impact of unspent grants and loans as part of the End of Financial Year process. The current value of unrestricted cash is due in part to the early part-payment of the 2017-18 Federal Assistance Grant of $550,000, which will alleviate any cash-flow issues that may have been experienced in the time until the budget is adopted and rates are raised. The works programme for 16-17 has been successful with all Roads to Recovery (R2R) and Regional Road Group (RRG) projects complete. This is despite the fact that the Shire did not receive their R2R allocation of $548,000 in 16-17 due to not enough own source funds being spent over the past 4 years. Funding for Blackspot projects was received in 16-17 and is to be rolled into 17-18 when these projects can be commenced. As at the 30 June 2017, the Shire of Coolgardie’s final position shows a surplus of $2,393,250. This is above the Year to Date budget estimate calculated in the Budget Review ending 30 April of $2,236,469. The 30 June surplus position may be adjusted during End of Financial Year processes, as all requirements within the Australian Accounting Standards and Financial Management Regulations are met. The Shire contributed own resources of $755,059 to total spend on capital. Compared to a budget spend of $469,064, nearly an increase of 61%. For the first time in a number of years the road works programme was completed and within budget. The total programme was $1,548,217. The only significant variations in the capital programme for the 2016/2017 Financial Year:

1. Parks and ovals – under spent $184,867 – this was due to the timing of the Coolgardie skate park. The expenditure and revenue will be carried over to 2017/2018

2. Land and Buildings – under spent $132,794 – this was due to the delay in expenditure on the post office. This expenditure will not be budgeted in 2017/2018 given the uncertainty over the revitalisation of the post office.

3. Land and Buildings sporting clubs – under spent $62,853 – this was due to the demolition of the Kambalda football clubrooms. The costs were operational not capital.


The Shire finished the year with estimated reserve holdings of $3,875,957. This included the inclusion of a new reserve account infrastructure renewal. The reserve fund is estimated to have $750,089 at year end. This was only a decrease in reserve funds from the previous year of $185,000. The total amount of rates raised for 2016/2017 was $6,119,412. This was compared to a budget of $6,287,655 a difference of $186,243. This was a direct result of a number of dead tenements and expired prospecting licenses. Also concessions granted for the O’Dea ward and properties totaling 220, increased by $46,701. In past years it appears that all the rates raised for these properties and interest charged have not been written back as they should be. The estimated total for 2016/2017 was $304,953 - $165,245 in general rates and $139,608. This has impacted significantly on the Shire’s ratios and liquidity position. Finally, Note 2 on page 8 – Liquidity over the Year, highlights the increase in the unrestricted cash position of the Shire as at 30th June 2017. CONSULTATION: Moore Stephens Shire Staff STATUTORY ENVIRONMENT: Local Government Act 1995 6.4. POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: There are no financial implications relating to this item. The Financial Report is information only. STRATEGIC IMPLICATION: Nil VOTING REQUIREMENTS: Simple Majority OFFICER’S RECOMMENDATION: That Council notes the Financial Activity Statement for the period ending 30 June 2017, forming attachment 1 to Report 11.1.7.


11.2 DEPUTY CHIEF EXECUTIVE OFFICER AGENDA REFERENCE: 11.2.1 SUBJECT: Risk Management Reporting System LOCATION: Nil APPLICANT: Nil FILE REFERENCE: NAM5573 DISCLOSURE OF INTEREST: Nil DATE: 17 July 2017 AUTHOR: Administration Coordinator, Noeline Poke SUMMARY: For Council to consider receiving the report of strategic, current and updated risks for staff to report to Council BACKGROUND: During the March 28 Council meeting Council resolved the following COUNCIL RESOLUTION: #187/16 That Council

1. Note the Strategic Risk Report (attached) 2. Note the Updated Risk Report (attached) 3. Note the Identified Risk Report (attached) 4. Receive the Proposed Strategic Risks 2016-2017 5. Request the Committee receive a quarterly report on all strategic risks and high

operational risks inclusive of commentary and % complete 6. Request the Committee receive all operational risks twice a year inclusive of

commentary and % complete 7. Request a review of the risk management, internal control and legislative compliance

systems and procedures required by Regulation 17 of the Local Government (Audit) Regulations 1996 be undertaken and provided to the Committee in October 2016.

CARRIED SIMPLE MAJORITY 5/0 With a new management team in place a copy of the risk matrix has been reviewed by Coordinators. The attached document is the current Shire of Coolgardie risks.


COMMENT: Monitoring and reviewing of proposed risks will provide evidence of appropriateness and effectiveness of systems and procedures in risk management, internal control and legislative compliance as required by the Local Government (Audit) Regulations 1996. CONSULTATION: Management team STATUTORY ENVIRONMENT: Local Government (Audit) Regulation 17 POLICY IMPLICATIONS: Risk Management Policy 044 FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATION: Solutions focused and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance. Effective management of infrastructure, heritage and the environment. ▪ Develop and maintain Shire buildings, facilities and infrastructure assets. VOTING REQUIREMENT: Simple Majority OFFICER RECOMMENDATION: That Council endorse the risks for the year 2017/ 2018 as per attachment one.


AGENDA REFERENCE: 11.2.2 SUBJECT: Budget amendment for Waste Coordinator Ute. LOCATION: Shire of Coolgardie APPLICANT: Shire of Coolgardie FILE REFERENCE: NAM5574 DISCLOSURE OF INTEREST: Nil DATE: 19 July 2017 AUTHOR: Deputy Chief Executive Officer, Jill O’Brien SUMMARY: For Council to consider the expenditure of $39,720.00 exclusive GST for the purchase of the VW Amerok Core 4 motion dual cab ute from the Plant and Equipment Reserve. BACKGROUND: With the newly appointed position for the Shire’s waste coordinator it has become apparent for the need for a dual cab ute for the position, not only for the requirements of the position but to have the capacity to ferry staff and councillors to and from Coolgardie when the Coordinator is attending meetings and functions in either towns. Uniqco has undertaken a best value analysis and compared the following vehicles Ford Ranger, Holden Colorado, Mazda BT50, Mitsubishi Triton, Nissan Navara Toyota Hi lux, and VW Amarok, based on a weighted analysis of 70% whole of life cost, 20% emissions and 10% safety the highest score (92%) was achieved by the Mazda BT50, the second highest score (85%) VA Amarok. With a lower purchase cost and in the interests of standardisation, of the Councils fleet Uniqco recommends the second highest scoring vehicle being the VW Amarok COMMENT: As the 2017/18 budget has not been presented to Council for consideration, Council approval is required for the purchase of this vehicle. CONSULTATION: Grant Andrews - Managing Director Uniqco Group of Companies Marc Pettit – Shire Mechanic STATUTORY ENVIRONMENT: Local Government Act 1995 Section 6.8


POLICY IMPLICATIONS: 036- Council vehicle policy and procedure FINANCIAL IMPLICATIONS: The plant and equipment reserve has a balance of $349337.14 if the new Amorok is purchased, the remaining plant reserve will have $309,617 funds remaining. STRATEGIC IMPLICATION: Solutions focused and customer oriented organisation. Effective communication and engagement processes. VOTING REQUIREMENT: Absolute Majority OFFICER RECOMMENDATION: That Council approves: 1. The expenditure of the VW Amerok Core 4 motion dual cab ute as per the attached quote price

$39,720.00 exclusive GST. 2. The allocation of $39,720 from the Plant and Equipment Reserve (account number 721000) to

account number 040397 – Transfer from Plant Reserve 3. The increase of account 120489 - Acquisition of Light Plant, by $39,720


AGENDA REFERENCE: 11.2.3 SUBJECT: Policy AD – 18 Regional Price Preference Policy LOCATION: Nil APPLICANT: Nil FILE REFERENCE: NAM5575 DISCLOSURE OF INTEREST: Nil DATE: 4 July 2017 AUTHOR: Deputy Chief Executive Officer, Jill O’Brien SUMMARY: For Council to consider adopting the Regional Price Preference Policy – AD- 18 BACKGROUND: Council has requested for staff to draft a pricing policy with regards to businesses based in the Shire. Staff have broadened the policy to include regionally based businesses In January 2017 Council resolved the following COUNCIL RESOLUTION: # 005/17 That Council 1. Approve the draft amended Regional Price Preference Policy in principle. 2. Give statewide public notice of its intention to adopt a Regional Price Preference Policy, inviting submissions from the public for a minimum of 4 weeks from the date of the notice. 3. Make a copy of the proposed Regional Price Preference Policy available for public inspection in accordance with the notice.

CARRIED SIMPLE MAJORITY 5/0

In accordance with the Local Government (Functions and General) Regulations 11A the Shire advertised the“Notice of intention to adopt the regional price preference policy” the advertising period has closed with no submissions being received. Local Government (Functions and General) Regulations 11A states “the policy cannot be adopted by a Local Government until at least 4 weeks after the publication of the State wide notice of the proposed policy. No submissions were received. COMMENT: The Policy has been drafted to enable a Regional Price Preference to be applied to both submissions for Tenders and Formal Request for Quotations from local and regionally based businesses and also to include a description of how to define a regional based business for the purpose of this Policy.


CONSULTATION: Chief Executive Officer – James Trail. Community through advertising STATUTORY ENVIRONMENT: Local Government (Functions and General) Regulations 11A POLICY IMPLICATIONS: AD – 18 Regional Price Preference Policy FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATION: Solutions focussed and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance. VOTING REQUIREMENT: Simple Majority OFFICER RECOMMENDATION: That Council adopt the Regional Price Preference Policy AD – 18


AGENDA REFERENCE: 11.2.4 SUBJECT: Appointment of Authorised Officer LOCATION: Shire of Coolgardie APPLICANT: Shire of Coolgardie FILE REFERENCE: NAM5581 DISCLOSURE OF INTEREST: Nil DATE: 19 July 2017 AUTHOR: Deputy Chief Executive Officer, Jill O’Brien SUMMARY: That Council considers the appointment of Alain Baldomero, Kenan Bender, Sarah Mason, Varinder Sapehiyia Alan Kelly, Graeme Millett, Tyson Separovich, Ainslee McAlinden, Samantha Durston and Francesca Le Fante as Authorising Officers for various Acts for the Shire of Coolgardie. BACKGROUND: As the Shire of Coolgardie are using external contractors and the City of Kalgoorlie Boulder staff for building, health and planning matters the Shire is required to appoint the following people as authorised officers. Each person will be issued with an authorised officer identification card stating what authorisations they have. Alain Baldomero, Kenan Bender, Sarah Mason & Varinder Sapehiyia Limitations – valid only whilst employed by the City of Kalgoorlie-Boulder/Shire of Coolgardie The holder of this card is appointed by the Shire of Coolgardie to be an authorised officer for the purposes of the legislation listed below. • Designated as an authorised officer under s.24 of the Public Health Act 2016; • Appointed under s.122 of the Food Act 2008 to be an authorised officer for the purposes of that

Act; • Designated under s.96(3) of the Building Act 2011 as an authorised person for the purposes of

that Act; • Authorised person under s.17(1) of the Caravan Parks and Camping Grounds Act 1995 and is

appointed pursuant to s.23(11) of that Act for the purposes of s.23(2) of that Act; • Appointed to perform the functions of an authorised person under sections 9.13 and 9.16 of the

Local • Government Act 1995 and is authorised to remove and impound goods pursuant to s.3.39 of that

Act and is authorised for the purposes of s.9.11 of that Act; and


• Appointed under r.15D(5) of the Health (Asbestos) Regulations 1992 as an authorised officer for the

• Purposes of the Criminal Procedure Act 2004 Part 2. Alan Kelly, Graeme Millett, Tyson Separovich and Ainslee McAlinden (Maternity Leave) Limitations – valid only whilst employed by the City of Kalgoorlie-Boulder/Shire of Coolgardie The holder of this card is appointed by the Shire of Coolgardie as an Authorised Person with the power to enter any property and question the occupants pursuant to • Section 5.36 of the Local Government Act 1995 for the purposes of section 96 of the Building Act

2011 • Section 9.13 and 9.16 of the Local Government Act 1995 and is Authorised for the purposes of

Section 9.11 of that Act Samantha Durston Limitations – valid only whilst employed by the City of Kalgoorlie-Boulder/Shire of Coolgardie The holder of this card is appointed by the Shire of Coolgardie as an Authorised Person with the power to enter any property and question the occupants pursuant to • Section 5.36 of the Local Government Act for the purposes of Section 96 of the Building Act 2011 • Section 9.13 and 9.16 of the Local Government Act 1995 and is authorised for the purposes of

Section 9.11 of that Act • Schedule 2, Section 79 of the Planning and Development (Local Planning Schemes) Regulations

2015 Francesca Le Fante Limitations – valid only whilst a contractor for the Shire of Coolgardie The holder of this card is appointed by the Shire of Coolgardie as an Authorised Officer for the purposes of the legislation listed below Planning and Development (Local Planning Scheme) Regulation 2015. • Section 68 -Determination of applications. Approve development applications under the Shires

Local Planning Scheme (LPS) that comply with the Shires Policies and Guidelines. • Section 79 - Entry and inspection powers (Enforcement) – For the purpose of monitoring whether

the local planning scheme is being complied with. The above delegations are issued in accordance and under the authority of Section 82 & 83 Planning and Development (Local Planning Scheme) Regulation 2015 - Delegations by Council or CEO which authorises the Council or CEO to grant delegation to an officer the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation. Liquor Control Act 1988:- • Section 40 (Certificate of planning authority as to whether use of premises complies with planning

laws) Powers to issue a s40 certificate under the Liquor Control Act 1988.


COMMENT: If Council agrees to the authorised officer’s appointment their appointment will become effective immediately and can be revoked at anytime through a Council resolution CONSULTATION: Alain Baldomero, Environmental Health & Ranger Services Team Leader, City of Kalgoorlie-Boulder STATUTORY ENVIRONMENT: Public Health Act 2016 Food Act 2008 Building Act 2011 Caravan Park and Camping Grounds Act 1995 Local Government Act 1995 Regulations Act 1992 Criminal Procedure Act 2004 Health (Asbestos) Regulations 1992 Planning and Development (local Planning Schemes) Regulations 2015 POLICY IMPLICATIONS: Nil FINANCIAL IMPLICATIONS: Nil STRATEGIC IMPLICATION: Solutions focused and customer oriented organisation. ▪ High quality corporate governance, accountability and compliance. ▪ Effective communication and engagement processes. ▪ Development of Shire’s resources to provide optimum benefit to the community. Effective management of infrastructure, heritage and the environment. ▪ Foster excellence in urban and rural planning and development. VOTING REQUIREMENT: Simple Majority OFFICER RECOMMENDATION: That Council: 1. Appoint Alain Baldomero, Kenan Bender, Sarah Mason & Varinder Sapehiyia authorised officers for

the purposes of the legislation listed as below • Designated as an authorised officer under s.24 of the Public Health Act 2016; • Appointed under s.122 of the Food Act 2008 to be an authorised officer for the purposes of that

Act;


• Designated under s.96(3) of the Building Act 2011 as an authorised person for the purposes of that Act;

• Authorised person under s.17(1) of the Caravan Parks and Camping Grounds Act 1995 and is appointed pursuant to s.23(11) of that Act for the purposes of s.23(2) of that Act;

• Appointed to perform the functions of an authorised person under sections 9.13 and 9.16 of the Local Government Act 1995 and is authorised to remove and impound goods pursuant to s.3.39 of that Act and is authorised for the purposes of s.9.11 of that Act; and

• Appointed under r.15D (5) of the Health (Asbestos) Regulations 1992 as an authorised officer for the purposes of the Criminal Procedure Act 2004 Part 2.

2. Appoint Alan Kelly, Graeme Millett, Tyson Separovich and Ainslee McAlinden as an Authorised

Person with the power to enter any property and question the occupants pursuant to • Section 5.36 of the Local Government Act 1995 for the purposes of section 96 of the Building Act 2011 • Section 9.13 and 9.16 of the Local Government Act 1995 and is authorised for the purposes of

Section 9.11 of that Act

3. Appoint Samantha Durston as an Authorised Person with the power to enter any property and question the occupants pursuant to • Section 5.36 of the Local Government Act for the purposes of Section 96 of the Building Act 2011 • Section 9.13 and 9.16 of the Local Government Act 1995 and is authorised for the purposes of

Section .11 of that Act • Schedule 2, Section 79 of the Planning and Development (Local Planning Schemes) Regulations 2015

4. Appoint Francesca Le Fante as an Authorised person under the following Acts Development (Local Planning Scheme) Regulation 2015. • Section 68 - Determination of applications . Approve development applications under the

Shires Local Planning Scheme (LPS) that comply with the Shires Policies and Guidelines. • Section 79 - Entry and inspection powers (Enforcement) – For the purpose of monitoring

whether the local planning scheme is being complied with. • The above delegations are issued in accordance and under the authority of Section 82 & 83

Planning and Development (Local Planning Scheme) Regulation 2015 Delegations by Council or CEO which authorises the Council or CEO to grant delegation to an officer the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation.

• Section 40 (Certificate of planning authority as to whether use of premises complies with planning laws) Powers to issue a s40 certificate under the Liquor Control Act 1988.


11.3 COMMUNITY SERVICES Nil 11.4 TECHNICAL SERVICES Nil 12.0 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil 13.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 13.1 ELECTED MEMBERS

Nil

13.2 OFFICERS Nil

14.0 CONFIDENTIAL ITEMS 14.1 Gratuity Payment 15.0 CLOSURE OF MEETING
