minutes ordinary meeting of council 25 may 2012 · 5/25/2012 · 1. council’s works manager is a...

MINUTES

ORDINARY MEETING OF COUNCIL

25 MAY 2012

Ordinary Council Meeting 25 May 2012 - Agenda of 42

SHIRE OF MOUNT MAGNET Minutes for the Ordinary Meeting of Council

In Council Chambers, Lot 163 Hepburn Street, Mount Magnet 25 May 2012 at 1:00pm

TABLE OF CONTENTS

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS ........................................ 3

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ..................................... 3

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ............................... 3

4. PUBLIC QUESTION TIME AND ADDRESS BY MEMBERS OF THE PUBLIC ........................ 6

4.1 Public Question Time ................................................................................................... 6 4.2 Address by Members of the Public............................................................................... 6

5. APPLICATIONS FOR LEAVE OF ABSENCE .......................................................................... 6

6. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS ........................................................... 6

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING .................................................... 7

7.1 Minutes of the Ordinary Meeting held on 27 April 2012 ................................................. 7 8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION.............................. 7

9. PETITIONS .............................................................................................................................. 7

10. DECLARATIONS OF INTEREST ............................................................................................. 7

11. BUSINESS DEFERRED FROM PREVIOUS MEETING .......................................................... 7

12. REPORTS ............................................................................................................................... 8

12.1 Monthly Report - Chief Executive Officer ..................................................................... 8 12.2 Monthly Report - Works Manager .............................................................................. 14 12.3 Monthly Report - EHO/Building Surveyor ................................................................... 17 12.4 Monthly Financial Report to 30 April 2012 .................................................................. 22 12.5 Accounts for Payment ................................................................................................. 24 12.6 Delegated Authority Register ..................................................................................... 25 12.7 Members Meeting Fee’s and Allowances 2012/2013 ................................................. 30 12.8 Freedom of Information Statement............................................................................. 32 12.9 Proposal to Impose Differential and Minimum Rates ................................................... 33 12.10 Midwest Vanadium – Windimurra Mine – Increase in Tonnage on Youanmi Road ...... 35 12.11 Corporate Business Plan – Public Discussion Sessions ............................................. 37

13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........................................... 38

14. NOTICE OF MOTIONS FOR THE NEXT MEETING .............................................................. 38

15. CONFIDENTIAL BUSINESS .................................................................................................. 38

16. LATE AGENDA ITEMS .......................................................................................................... 39

16.2 West Australian State Aviation Strategy – Issues Paper ............................................. 39 16.2 Annual Review of Fees and Charges – 2012/2013 ..................................................... 41

17. ELECTED MEMBER MATTERS ............................................................................................ 42

18. NEXT MEETING .................................................................................................................... 42

19. CLOSURE OF MEETING ...................................................................................................... 42


SHIRE OF MOUNT MAGNET Minutes for the Ordinary Meeting of Council

In Council Chambers, Lot 163 Hepburn Street, Mount Magnet 25 May 2012 at 1:00pm

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS

Nil

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE

Attendance President Cr Ashley Dowden Deputy President Cr Greg Scott Member Cr Kevin Brand Member Cr Will Scott Member Cr Bob Ford Member Cr Jason Homewood Member Cr Jorgen Jensen Member Cr Robbie Davis Member Cr Wendy McGorman Chief Executive Officer Mr Geoff Brooks Resident Ms Karen Williams Note: Cr McGorman joined the meeting at 1:45pm.

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

From: Geoff Brooks Sent: Thursday, 3 May 2012 10:05 AM To: Marilyn; Cr Ashley Dowden Cc: Cr Wendy McGorman; Cr Will Scott; Cr Greg Scott; Cr Jason Homewood; Cr Jorgen Jensen; Cr Robbie Davis; Jon Jones Subject: RE: Questions on notice - Public Question time 27th April 2012 Dear Marilyn, Thank you for your email. In answer to your questions I wish to advise: 1. Council’s Works Manager is a qualified Horticulturalist with extensive tree pruning and urban

tree maintenance experience. The trees were pruned to remove dead and dying branches that were dangerous to the public, park patrons and vehicles. Branches were pruned behind dead growth to prevent further insect/fungal attack and die back. The trees are suffering from compaction of their root systems caused by motor vehicles which accounts in part for the large amount of dead wood that needed to be removed.

2. Aussie Tree Services have over 26 years experience in the tree surgery business and provide services to government and the private sector. The company is a member of the Tree Guild of WA.


3. The Caravan Park Manager had been concerned for some time about the number of dead branches dropping from the trees. On inspection the Works Manager determined that the dead branches posed a significant danger to the public and that quick action was required.

4. A policy is not considered to be required. In this case public safety was the determining factor.

5. Pruning of the trees has addressed public safety concerns and is not considered to have created a problem.

6. The Jacaranda Tree cane referred to in front of IGA will be removed. In general it is not recommended that Jacaranda Trees are pruned as the result is distorted growth. In the Mainstreet nature strip Jacaranda pruning may unfortunately, sometime in the future, be unavoidable to allow for the movement of traffic. Council’s current Works Manager has the expertise in this regard.

7. The reticulation system to the north end of town has not been functioning for some time. The current priority is the centre of town. Reinstatement of the north end reticulation system will be considered as a possible item for the 2012/2013 budget.

8. The Bougainvilleas will need to be pruned and may have to be removed at some time in the future if their growth continues to pose a risk to traffic movement.

9. It is not considered practical to hand water a tree such as this, in this location. I am very happy to discuss your concerns further should there be a requirement to do so. As advised at the recent Ordinary Meeting your questions were taken on notice. As a result, your email and this response will be included in Agenda Item 3 “Response to Previous Public Questions Taken on Notice” at the Ordinary Meeting on 25 May.” Regards Geoff Geoff Brooks Chief Executive Officer Shire of Mount Magnet PO BOX 62 Mount Magnet WA 6638 Ph: 08 9963 3000 Fax: 08 9963 4133 [email protected] [email protected] www.mtmagnet.wa.gov.au This email together with attachments is intended for the use of the addressee. It may contain confidential or privileged information and neither is intended to be waived or lost by mistaken delivery to you. If you are not the intended recipient of this email please notify the sender, delete the email and attachments from your system and destroy any copies. Unless specifically indicated, this email does not constitute formal advice or commitment by the Shire of Mount Magnet. It is your responsibility to check any attachments for viruses and defects before opening or sending them on. The Shire of Mount Magnet’s responsibility is limited to re-supplying affected attachments.

mailto:[email protected]�

mailto:[email protected]�

http://www.mtmagnet.wa.gov.au/�


From: Marilyn Sent: Thursday, 26 April 2012 2:26 PM To: Geoff Brooks; Cr Ashley Dowden Cc: Cr Wendy McGorman; Cr Will Scott; Cr Greg Scott; Cr Jason Homewood; Cr Jorgen Jensen; Cr Robbie Davis Subject: Questions on notice - Public Question time 27th April 2012 Dear Geoff, As you know, I was very upset to see how the trees at the caravan park have been lopped. I have done some research to support my understanding that the trees have been very badly treated and that they have been made to be potentially dangerous in the future. In fact, these trees have been ruined. It did not take much time on the internet to realize that there is an Australian Standard for the pruning of amenity trees. I have attached a draft copy to this email, however the latest Australian Standard can be purchased by connecting to the link www.saiglobal.com/PDFTemp/Previews/OSH/AS/.../4373-2007.pdf . Information I found on the internet indicates that the adopted Standard is unchanged from the draft. It appears to me that the principles and practices prescribed in the standard have not been reached and that little or no attempt was made to prune the trees correctly. The result being the disgraceful condition those trees are now in. It has taken quite a few years to get the trees to the size that they were, and 1 day to undo all of that good work. I draw particular attention to Sections 4 (particularly the notes), 6.2, 7 and 8.1 of the standard. My questions are: 1. Has anyone on the Shire staff the appropriate qualifications to order that the trees be cut the

way they have?

2. Did anyone check that the contractors who came and did the job have those qualifications?

3. Was an inspection of each tree carried our prior to the pruning to determine what needed doing to it?

4. Will the Council put a policy in place regarding the care and treatment of Shire plants and trees to ensure that proper practices are followed in the future?

5. What is to be done to address the problem that has been created in the caravan park?

The median strip through the centre of town is looking beautiful and is being well cared for by our current gardener. I don’t wish to ignore the lovely work that is being done there.

However, the jacaranda tree in front of IGA was incorrectly trimmed a while back and has sent up a “cane” which is disfiguring and may pose future problems.

6. Will Council ensure that the jacaranda trees are only trimmed in the future by a qualified arborist following a proper assessment of what trimming is required?

7. Will water be provided to the plants in the median strip at the north end of town? One of the palm trees there is now dead and the other is almost dead due to lack of water.

8. The standardized bouganvilleas in that median strip were cut off at ground level with a chainsaw by a council worker last year and they will soon pose a hazard for visibility. What is to be done about that?

9. Can water be provided to the gum tree at the airport as it is almost dead due to lack of water? This tree has been there for many years and used to be watered from the old ablutions.

Thank you and I look forward to a positive outcome. Regards,

http://www.saiglobal.com/PDFTemp/Previews/OSH/AS/.../4373-2007.pdf�


Marilyn Davies PO Box 140, Mount Magnet WA 6638 Mobile: 0408195105

4. PUBLIC QUESTION TIME AND ADDRESS BY MEMBERS OF THE PUBLIC

4.1 Public Question Time Mr Paul Moroney – Administration Manager – Ramelius Resources Mr Moroney sought Council’s support for an approach to the Minister for Transport to reduce the current requirement for Ramelius Resources to utilise 15 Regular Passenger Transport (RPT) seats per week. This was on the basis that utilisation of these seats denied the opportunity for Mount Magnet residents to secure flights to Perth for medical and other reasons. In discussion it was agreed that Ramelius Resources would consult with the Mount Magnet community to determine the extent of difficulties being experienced in booking flights. 4.2 Address by Members of the Public Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE

Moved: Cr G Scott Seconded: Cr Homewood

That Cr Will Scott is granted leave for the Ordinary meeting on 22 June 2012

CARRIED 8/0

6. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS

Cr Homewood Attended two Murchison Regional Vermin Council meetings. Cr G Scott Attended two Murchison Regional Vermin Council meetings.


7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.1 Minutes of the Ordinary Meeting held on 27 April 2012

OFFICER RECOMMENDATION

Moved: Cr W Scott Seconded: Cr Jensen

That the minutes of the Ordinary Meeting held on 27 April 2012 as circulated be confirmed as a true and correct record of proceedings. RESOLUTION 2012-05-01 CARRIED 8/0

In response to questions from Cr Ford at the Ordinary Meeting on 27 April 2012 the CEO

advised that an insurance claim had been lodged for damage to the Shire bus and that the payment for satellite phone usage was for three months for five satellite phones.

8. ANNOUNCEMENTS BY PRESIDING PERSON WITHOUT DISCUSSION

The President advised that he represented Council at the Cue Parliament on 11 May 2012. Topics of discussion included the 2012/2013 Royalties for Regions Program, salary capping for CEO’s and replacement of the Mount Magnet Nursing Post.

9. PETITIONS

Nil 10. DECLARATIONS OF INTEREST

The President and Cr W Scott declared a direct financial interest in Item 12.10 on the basis that they were potential contractors for work by Midwest Vanadium on the Youanmi Road.

11. BUSINESS DEFERRED FROM PREVIOUS MEETING

Nil


12. REPORTS

12.1 Monthly Report - Chief Executive Officer

File: AD-REP Officer: Geoff Brooks - CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Voting Requirements Simple Majority Current Personnel Based on the Interim Organisation Structure, staff and works depot personnel as at 25 May 2012 are as follows: Administration Chief Executive Officer Geoff Brooks Finance Manager (acting) Maureen Murat Administration Manager (acting) Tracey Biggs Customer Service Officer Cobie Coumbe Administration Assistant Helga Goerigk Administration Assistant Vacant Library/Centrelink Officer Ronella Kelly Cecilia Kelly Relief Library/Centrelink Officer Amber Seivwright Tourism Promotions &

Development Officer Karen Morrissey

Youth & Community Events Officer

Vacant

Works Department Works Manager Jon Jones Works Supervisor Vacant Plant Operator Norm Mikoz Noel Curley Neville Kelly Labour/Gardener Stan Broomhall Clayton Gilbert Peter Lethborg Cleaner/Relief Caravan Park Sophie Singh Cleaner Kathy Shaw Swimming Pool Manager JJ Amella Caravan Park Manager Phil Bell Ranger Contract Peter Smith EHO/Building Surveyor Contract Bill Atyeo Grant Writing and Admin Contract TBA At the request of Cr W Scott the above table is to be adjusted to reflect the new arrangement for grant writing and administration services.


Library/Centrelink Agency Statistics Historical patronage statistics for the Library for the 2009/2010 and 2010/2011 are as follows:

LIBRARY STATISTICS (Books Borrowed) 2009 - 2010 1,464

2010 - 2011 707 Statistics for Centrelink assistance and approximate time taken to attend to enquiries for the financial years 2009 – 2010 and 2010 – 2011 and year to date are as follows:

CENTRELINK ASSISTANCE STATISTICS Number of Assists Time Taken (hours)

2009 - 2010 8,803 413

2010 - 2011 4,562 752

MONTH LIBRARY 2011-2012 CENTRELINK 2011-2012

Enquiries Books borrowed

Number of Assists

Time Taken (hours)

July 20 68 361 65

August 68 36 355 64

September 103 73 348 68

October 160 62 280 29

November 183 86 410 32

December 7 37 247 27

January 21 57 336 33

February 38 42 380 40

March 52 65 276 35

April 282 57 343 37

May

June

YEAR TO DATE 934 583 3,336 430


Caravan Park Patronage statistics for the Mount Magnet Caravan Park for the financial year 2010 – 2011 and year to date are as follows:

CARAVAN PARK STATISTICS 2010 - 2011

MONTH VISITORS SITES (nights)

ACCOM (nights) INCOME

July 1,253 579 760 $22,217

August 1,197 550 845 $23,161

September 978 469 625 $20,748

October 520 262 414 $13,059

November 236 126 202 $5,976

December 433 183 246 $10,679

January 217 99 155 $8,644

February 186 97 152 $11,382

March 233 114 165 $10,206

April 589 287 384 $13,141

May 633 318 458 $14,087

June 941 465 610 $20,436

TOTAL 7,416 3,549 5,016 $173,736

CARAVAN PARK STATISTICS 2011 - 2012

MONTH VISITORS SITES (nights)

ACCOM (nights) INCOME

July 1,313 646 898 $24,029

August 1,403 697 1,060 $33,011

September 1,156 602 886 $25,728

October 530 272 397 $18,328

November 266 147 274 $15,739

December 195 100 221 $12,912

January 400 142 124 $7,292

February 125 50 47 $16,259

March 273 184 139 $16,710

April 469 376 110 $20,639

May

June

TOTAL 6,130 3,216 4,156 $190,647 Note: The difference in income between April 2011 and April 2012 is due to the permanent

rental of the Lot 161 to contractors working on the Police Station upgrade and to the almost permanent rental of several of the dongas for the same contractors in April 2012.


Airport Patronage statistics for the Bluey Osmond Mount Magnet Airport including landings and inbound/outbound passenger numbers for Skippers Aviation, as recorded by Aerodrome Management Services and Skippers Aviation are as follows:

BLUEY OSMOND MOUNT MAGNET AIRPORT STATISTICS 2010 - 2011 MONTH LANDINGS INCOME INBOUND OUTBOUND INCOME

July 33 $2,948 83 74 $1,142

August 27 $2,750 92 75 $1,215

September 32 $3,050 103 86 $1,374

October 32 $2,900 136 131 $1,942

November 37 $3,631 141 115 $1,862

December 32 $3,281 107 125 $1,687

January 35 $2,935 117 73 $1,382

February 38 $4,434 151 150 $2,189

March 54 $6,356 180 177 $2,596

April 51 $6,030 168 158 $2,371

May 58 $6,342 168 152 $2,327

June 59 $7,703 155 159 $2,284

SUB TOTAL 488 $52,360 1,601 1,475 $22,371 TOTAL $74,731

BLUEY OSMOND MOUNT MAGNET AIRPORT STATISTICS 2011 - 2012 MONTH LANDINGS INCOME INBOUND OUTBOUND INCOME

July 54 $7,947 113 133 $1,680

August 67 $8,276 247 181 $1,927

September 64 $8,080 330 301 $2,109

October 85 $11,823 398 373 $1,360

November 83 $10,999 410 424 $1,535

December 78 $10,844 408 388 $829

January 71 $10,552 413 421 $1,004

February 67 - 421 421 - March 82 $23,659 876 880 $41,469 April 73 $11,309 839 805 $11,956 May June SUB TOTAL 724 $103,489 4,455 4,327 $63,869 Current Year to Date Income $167,358

In discussion it was noted that Cr Ford may be providing Airport Reporting Officer services on a short term, contractual basis.


Note: Current fees and charges for the Airport are:

• Landing charges – per 1000kg certified maximum takeoff weight $16.10 including GST.

• Passenger Service charges – per head, inbound and outbound $8.00 including GST.

As of March 2012 all major operators are paying their passenger service charge.

Outstanding payments dating back to 1 July 2011 are now being followed up.

Swimming Pool Swimming Pool attendance rates for the year to date are:

SWIMMING POOL STATISTICS 2011 - 2012

MONTH ADULT CHILD SCHOOL TOTAL TOTAL $

July

August

September

October 81 273 354 $510.00

November 337 406 88 831 $1,108.50

December 492 612 21 1,125 $1,564.00

January 443 621 9 1,073 $1,376.00

February 327 499 505 1,331 $1,286.50

March 234 237 97 568 $1,086.00

April

May

June

TOTAL 1,914 2,648 720 5,282 $6,931 Note: The Swimming Pool closed on 31 March 2012. In discussion it was noted that Cr Ford is performing winter maintenance duties at the Mount Magnet Memorial Swimming Pool on a contract basis.


Ranger

Peter Smith was in attendance during April 2012. Ranger statistics for the period are as follows:

RANGER ATTENDANCES

DATE COMMENT 30 & 31 March 2012 4 April 2012

• Patrols conducted of town site and surrounding areas.

• Licence enquiries made.

• Five (5) complaints were dealt with.

19 & 20 April 2012 • Patrols conducted of town site and surrounding areas.

• Licence enquiries made.

• One (1) unregistered dog was handed in for destruction as well as a litter of six (6) pups.

• Registration files were checked for compliance.

• There were no other outstanding complaints.


Moved: Cr W Scott Seconded: Cr McGorman That Council receives the Chief Executive Officer’s report. RESOLUTION 2012-05-02 CARRIED 9/0

Cr McGorman entered the meeting at 1:45pm prior to determination of item 12.1.


12.2 Monthly Report - Works Manager

File: AD-REP Officer: Jon Jones – Works Manager Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Voting Requirements Simple Majority WORKS REPORT TO 25th May 2012

ROAD WORKS/MAINTENANCE & GRADING - COMPLETED R2R Project Streets listed Bitumen Re seals completed. Cemetery/Tip Road to Waste Disposal Site turn-off Watson Street 100m Nth from Naughton Street intersection

Road reconstruct and new Bitumen Seals completed.

Mount Farmer Road Repair road surface and creek scouring completed SLK 11.00 – Shire boundary

ROAD MAINTENANCE /GRADING - COMMENCED

Mount Farmer Road Maintenance grade SLK 0.00 – 11.00 Clean and clear runoff drains.

Cue/Paynesville Road. Contractor to carry out - Road re sheeting SLK 69.54 – 72.54.

ROAD MAINTENANCE/GRADING - PLANNED Richardson Street (adjacent to mine) Carry out patching and edge repairs.

Repair Table drain and road shoulder scouring.

Remove gravel debris from road surface.

Younami Rd Maintenance Grade – full length.

Tip Road Maintenance grade end of seal to general waste disposal pit and waste compactor truck disposal pit.

TOWN MAINTENANCE

Town Gardens, Lawns, Parks and Oval – maintenance carried out as per week/fortnight program. Maintenance works now includes Pool Grounds during off – season.

Litter and broken glass removed from streets, reserves and laneways – ongoing.

Weed spraying carried out within town site – ongoing.

Angle parking line-marking commenced in CBD.

Sweeping Town CBD and town streets.

Cemetery – Hand Weed and remove rubbish.

Follow up with knock down spray (glysophate) including application of 3 month residual post emergent (Simazine) to control future germination.


TOWN MAINTENANCE Refuse Site – Waste burial and site maintenance.

Patching – Pothole and edge repair patching carried out in town site streets.

Mosquito control – Fogging carried out in late March only. Fogging has been delayed due to mechanical failure of Fogger. (Note: Information and quotes are being sourced for replacement machine 2012/13 financial year) It is recommended that the Fogger be replaced as soon as possible.

Building, Plumbing, Air-conditioning and Electrical maintenance carried out as required (contract).

Assist Ranger with dog removal as necessary.

OTHER WORKS Outdoor Basket Ball Courts Resurfacing and Painting completed. Cinema Complex – Handrails constructed and installed. Site tidy to be completed. Public Notice Boards – Post Office and Foster Park. New 6mm clear perspex covers installed. Fire Emergency – 1st May 2012. Assist with fire emergency on Geraldton/Mount Magnet Rd. Plant Replacement Program – Complete 10 year Plant Replacement Program (Works Manager). Metro Counters – Place 1 x Metro Traffic Counter on Cue/Paynesville Road at SLK 70.00.

Aerodrome – Daily inspections/minor maintenance carried out.

Attend RFDS callouts. Weed and grass growth sprayed with knock down and residual post emergent herbicide. Runway Cones and Markers re – painted. AMS Aerodrome Technical Inspection maintenance and repair recommendations – works have been carried out and are ongoing.

PLANNED WORKS Waste Disposal Site – Tidy Site, Level and Cover Compactor truck disposal area, Excavate new Disposal Pit, Grade internal roads and Tipping access areas.

Oval Tank Water Meter – MTF Mine Maintenance to fabricate pipe-work and install supplied Water meter. Expect installation completed by end May 2012.

Shire Administration Building Conservation – Geraldton Building Services and Carpentry (GBSC) have been asked to visit Mount Magnet to carry out assessment and quote on immediate Facade repairs and future conservation of the building as a whole. GBSC will also visit and provide a quote to carry out repairs and conservation work at the Rural Transaction Centre.

Mount Magnet Aerodrome – (+ ATI Recommendations) Replace worn cones and markers as necessary – partially completed.

Carry out crack patching with sand seal on both ends of runway 16/34.

Fill in mild drain wash at edge of runway 16/34.

Replace Water Tank base.

Cinema Complex – Place gravel and surface cover.


TOOLBOX MEETINGS/TRAINING Works Department Toolbox/Safety Meeting – Meeting held 27th April 2012.

Managers Meetings – Attend meetings as required.

PLANT

Hydramet Pool Chlorine Injection System Service.

MA 038 – Carry out 130,000km service.

OFFICER RECOMMENDATION Moved: Cr Ford Seconded: Cr Davis That Council receives the Works Manager’s report. RESOLUTION 2012-05-03 CARRIED 9/0 The following points were raised in discussion: Cr Davis The oval reticulation should be adjusted to come on later in the night. Cr Homewood Expressed concern that Council’s dolly trailer and water tanker were unlicensed. The Works Manager advised that the plant would not be used until registration had been arranged. Cr G Scott Requested that the environmental impact of chemicals used be investigated prior to the purchase of a new mosquito fogger. Cr Jensen Advised of a number of longstanding washouts on the Meeline access road.


12.3 Monthly Report - EHO/Building Surveyor

File: AD-REP Officer: Bill Atyeo – EHO/Building Surveyor Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

I was in attendance at the Shire from the 7th to the 11th May 2012. Building Licenses Issued There were Nil (0) Building Licenses processed and issued in this time: The statistics as required by the ABS and WorkSafe, and others were dispatched accordingly within the required framework as laid down by WorkSafe. These are now submitted at the end of each month, whereas they used to be submitted on a quarterly basis. New Building Act There has been a lot of time both on-site and off-site in regard to trying to draw-up application forms, information packages, registers and fee calculators in regard to the new Building Act 2011. Councillors will be pleased to know that lobbying of the Building Commission has resulted in the status quo being granted in regard to the application of the new Building Act over area outside of the town boundaries, and the fact that we do not require to engage builders that are termed as Registered under the Builders Registration Act. This result is very pleasing as it protects what we currently have in our Shire. Demolition Licenses There were Nil (0) Demolition Licenses issued during this period. Inspection of Council properties. The inspection of the buildings owned by the Shire has been concluded and much time was spent compiling and presenting a spreadsheet of my findings for the information, consideration, and appropriate action by Council. The report was issued to the CEO and Works Manager on completion. Unfit for Human habitation Notice – Lot 223 Hepburn Street. I spoke with the tenant of the house via telephone, and personally spoke with her son in regard to the occupation of the house after the compliance date of the 4th May as per the Notice of Unfit for Human Habitation issued on the premises. There appears to have been a misunderstanding between the date set by the landlord. I have extended their time to vacate till Thursday 17th May 2012. I have stated that they are required to vacate by this date. Inspection of Dwelling Lot 87 Laurie Street. Following my letter the owners of the property at Lot 87 Laurie Street, I received a telephone call from the owners in regard to the condition of the premises as depicted in my letter. After some time, and a transfer of the photos I had taken at the time of the inspection, it was clear to the owner that that she had been mislead somewhat in regard to the condition of the premises. The owners have now indicated in an Email that they intend to come to Mount Magnet at the end of June to carryout renovations to the dwelling and to tidy the appearance of the property as a whole.


Amendments to the Environmental Protection (Noise) Regulations 1997. Proposed amendments to the Environmental Protection (Noise) Regulations 1997 have been through a consultation phase and comments have been received. The current regulations deal with noise emitted on a premises or public place and received on another premises. They do not deal with noise from traffic on roads, trains, aircraft, emergency vehicles and safety warning devices (that are required under other legislation). Submissions were received on the proposed amendments. The amendments that attracted the most comments – and the widest range of suggested improvements – were the four new regulations for motor sports venues, shooting venues, major concert venues and local government essential services, together with the proposed reduction in noise limits for blasting. Two general themes that emerged from the submissions and seminars are as follows – Community members and others perceived a shift in the regulatory role from DEC towards local government. While this was seen as a negative move in some quarters, it was welcomed by many local governments, and seen by DEC as a natural development from the current role where local governments make a range of ‘social decisions’ in relation to noise management. Many industry and local government submissions identified the need for guidelines to accompany both the new and existing regulations to achieve more consistent application of the regulations and provide more guidance for industry in meeting the expectations of Government and the community. DEC agrees with this approach, and will develop such guidelines in consultation with the relevant stakeholders. It is expected that the final draft of the regulations will be released to stakeholders for comment. I have sought clarification in regard to the need for Local Government Officers to be delegated/authorised by the CEO of DEC before they are able to carry out particular regulations with regard to Noise complaints. New Building Act 2011 – Other Issues. Many of the Building Surveyors have raised many concerns with WALGA and the Building Commission since the introduction of the new Act. As a result, WALGA has compiled our concerns and will now meet with the Building Commission with a list of issues that a metered response from them is required, and possible action taken in order to address our concerns. This list is as follows: Issue Use of the application forms – any difficulties, concerns or suggested changes? The application for building approval certificate has no area for the estimated value of the completed works to be noted. This makes it difficult to calculate fees payable for the application. Where is the Building Order form? Different fonts on the word documents off the Commission’s website Ownership details For the above, builders are experiencing frustration with some councils giving adjoining owners details to them, and others refusing – wanting a stat dec. Definition of “owner” – relating to land sold without title & application for permit being lodged. LGA’s are taking different attitudes on accepting an offer/acceptance agreement.


Issue The need for the Commission to clarify by definition what an “agent” is. Many builders seem to think/want to be able to sign an application as an “agent”. This issue needs to be clarified Work affecting other land BA20 (ties in with work affecting other land): From a builder’s perspective with the BA20 forms. It is frustrating that the legislation is open to interpretation, and if being enforced differently from council to council. They have some LG’s asking for the BA20 forms for ANYTHING built on the boundary (limestone or panel and post retaining / zero lot walls etc) – where others are only interested if they plan on encroaching. The main problem they have had, and foresee having in the future, is with neighbours refusing to sign the BA20 simply because they do not want a zero lot wall on their boundary. They are explaining to people that they are not asking for their consent on the wall itself – but rather the construction and excavation along the boundary. It seems tough that a design can pass through Planning – only to be knocked back at Building because the neighbour doesn’t like the look of zero lot walls. This is HUGE – The impact to builders with a discrepancy of 2 legislative pieces – Planning and Building. The other issue they have experienced is neighbours using their consent as leverage for things like; avoiding sharing fencing costs, or requests to have zero lot walls rendered / painted to their choice of colour. The Commissions recent “Permit Authority Advice” still doesn’t adequately cover it. The guide from BC (Page 4) states what is not “ work affecting other land”. Noise. That’s it, noise. From site radios or power tools. Suggest that the BC seek independent advise from professionals, get the SSO to vet if necessary, and then release the advice. This may solve around 80% of the cases where both builders and LG’s are either confused or at loggerheads. Whilst seemingly simple on the surface it is overly onerous, ambiguous and unwieldy when you put it in to practice. The scope of affectation is just too potentially wide. Among other things for example, drainage flows are particularly hard to determine, especially sub-soil flows that depend on where sand, clay and rock layers start and finish. Not to mention the Pandora's box of tree affectation nuttiness going on in NSW. I notice that the affectation is on, land, so are going to go down the path of someone not being able to build on their land because there are neighbours trees on either side boundary that have roots extending into the property 6.0 metres on either side and any work could affect the health of the trees? With the exception of major excavation/retaining where support of land is required to prevent collapse of adjoining land, this needs to be left to common law and/or there needs to be some specific dimensions, such as depth of excavation, or distance from boundary with advice to the applicant that even though they may be outside those distances this does not absolve them of their responsibilities. In addition, leaving it to common law or Building Permit Conditions of approval, means the Builder and Engineer can check things such as sub-soil drainage during excavation and take the appropriate action, otherwise every job will require full site testing for things that are generally unnecessary, such as hydrology reports before being approved. BA017 Certificate of Construction compliance liability issues for LG’s in signing off this form Transitional arrangements have been messy- builders having to pay for Certificate of Construction Compliance /certifier which is an uncosted item There is a bit of confusion of when for builders to submit the notice of completion. Do they hand it in to councils when they submit the form for certificate of construction compliance or do they submit it with the certificate of construction compliance when applying for an occupancy permit? This is because (from the builders end) sometimes the Building Surveyor comes with a list of things they want changed in order to get the Certificate of Construction Compliance so technically the builder has not completed the building until they get the Certificate of Construction Compliance.


Issue Lists of Plans on the Certificate of Design Compliance. Could this please be changed in the Regulations/Standard Certificate of Design Form? While it seems like it is a good idea to list every plan, specification and technical document, in practice it is not practical, is very likely to lead to errors and serves no real practical purpose. This was the experience in NSW. The reason it is not practical is that quite often plans or standard specifications have no plan numbers, so what do you list? You can list the date they were received but that does not particularly identify the plans. Also architects commonly do not alter or update the plan numbers when modifying or amending plans for approval. Listing these numbers on the CDC results in people, (particularly contractors), relying on the plan numbers listed on the CDC which can often be the previous unamended plans that they were given earlier for quotation, resulting in errors during construction. Errors are also likely to occur in transcription of plan numbers as the person drafting the approval reads them from the plans and types them onto the certificate, especially when large numbers of plans and specifications are involved on large expensive projects, where the CDC and Permit are more likely to be challenged. This can result in a legally invalid CDC and legally invalid Building Permit, whether challenged or not. Listing the plan numbers serves no real practical purpose. i.e. If a builder or architect produces a plan with the same date and number, through accident or on purpose, does this then mean it is the new approved plan?, How do you tell which is which? To circumvent these issues, all that is needed on the CDC is a reference to an approval number and stamp that is placed on the plans. Then is there is no room for error, the stamped plans are the approved certified plans. This is used by the ABSA Energy Efficiency certifiers for this reason. Specification of Applicable Building Standards that relate to the approval. Is this really necessary, since these should be listed on the copies of the plans or approvals that are part of or submitted with the CDC? This again can lead to errors and legal challenge or validity, because of a typo or inadvertently not listing something in this section. The lack of information on the amended plans process prior to the issue of a building permit. There is information on the process after a building permit is issued, but not prior to a permit being issued. Changes to the uncertified application process, allowing concurrent assessments to occur R-Codes variations, having to send the application back through planning for approval is adding to the time taken to assess an application. LG’s and potential conflict with giving “advice” to private certifiers Under Part 8 of the Building Regulations 2012 Part 8 Division 2- Private Swimming Pools I have spoken to a few colleagues in Perth and they had not realised…where is the provision to infringe in relation to the inspection of the enclosure of a private swimming pool? Seems to have been left out. The only option is to prosecute for a maximum penalty of $5000…NOT practical at all, especially out here in the country Shires!! Those colleagues have contacted members within the Building Commission, apparently this has been an oversight and is to be rectified, and the provision is to be included within the next couple of months Can we get the Act altered so that local authorities can certify their own dunny blocks etc!!! Apparently this is an oversight and will be rectified. Just a few words in the appropriate clause exempting LA’s from certifying buildings on land owned by them…simple


Issue The proposed “avoidance of doubt provisions” the Commission is citing will come about via the urgent bill and amendments. Will industry actually be invited to comment? Perhaps this panel will be able to. Finish of Walls This really should be dealt with at Planning Approval stage, why do we need another level of assessment for this? Also, what is "not reasonably practicable to build a fence" with respect to a Close Wall? This is also ambiguous and just needs a dimension that can be used that covers most situations. Surely if a wall is going to be of concern it will be picked up by the R-codes or require Planning Approval where it can be assessed and negotiated, or will be under Dividing Fence legislation. Terms Used Could we get these put into the main dictionary, it makes it very hard and time consuming to filter through each section in the terms used to find definitions Building permit pre-application checklists – useful addition to the process?

The next few months will be very interesting for all concerned. Thus ends my report to Council.

W.V.Atyeo (M.E.H.A.A.) Principal Environmental Health Officer Building Surveyor

OFFICER RECOMMENDATION Moved: Cr Jensen Seconded: Cr Homewood That Council receives the EHO/Building Surveyor’s report. RESOLUTION 2012-05-04 CARRIED 9/0


12.4 Monthly Financial Report to 30 April 2012

File: FI-REP Officer: Jim Dillon – Financial Consultant Amended By: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To consider the Financial Reports for the period ending 30 April 2012, attached. Background Financial Activity Statement Report – s.6.4 (1) A local government is to prepare each month a statement of financial activity reporting

on the sources and applications of funds, as out in the annual budget under regulation 22(1)(d), for that month in the following detail –

(a) Annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or(c);

(b) Budget estimates to the end of the month to which the statement relates; (c) Actual amounts of expenditure, revenue and income to the end of the month to

which the statement relates; (d) Material variances between the comparable amounts referred to in paragraphs

(b) and (c); and (e) the net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing- (a) An explanation of the composition of the net current assets of the month to which

the statement relates, less committed assets and restricted assets; (b) An explanation of each of the material variances referred to in sub-regulation

(1)(d); and (c) Such other supporting information as is considered relevant by the local

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

(a) According to nature and type classification, (b) By program; or (c) By business unit.

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

regulation (2), are to be – (a) Presented to the council – (i) At the next ordinary meeting of the council following the end of the month to

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

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

(b) Recorded in the minutes of the meeting at which it is presented. (5) Each financial year, a local government is to adopt a percentage or value, calculated in

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

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

annual budget for a specific purpose; } restricted assets~ have the same meaning as in AAS 27.[Regulation 34 inserted in Gazette 31 Mar 2005 p. 1049-50.]

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


Comment A monthly financial report is to be presented to Council at the next ordinary meeting following the end of the reporting period. Statement of Financial Activity

• Significant Accounting Policies • Graphical Representation • Net Current Funding Position • Cash and Investments • Major Variances • Budget Amendments • Receivables • Grants and Contributions • Cash Backed Reserves • Capital Disposals and Acquisitions • Trust

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

OFFICER RECOMMENDATION Moved: Cr W Scott Seconded: Cr Davis That the Financial Report for the period ending 30 April 2012 be received and noted subject to recognition that additional work is required to more accurately distribute overheads. RESOLUTION 2012-05-05 CARRIED 9/0


12.5 Accounts for Payment

File: FI-APAY Officer: Maureen Murat - Finance Manager Amended By: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application Accounts for payment totalling $187,380.67 Represented by- EFT’s 2467 to 2764 $187,380.67 Municipal Account Total $187,380.67 Background Nil Comment Nil Consultation Nil Statutory Environment Local Government Act 1995 Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority

OFFICER RECOMMENDATION Moved: Cr G Scott Seconded: Cr McGorman That Council note the payment of accounts for payment totalling $187,380.67. Represented by: EFT’s 2467 to 2764 $187,380.67 Municipal Account Total $187,380.67 RESOLUTION 2012-05-06 CARRIED 9/0


12.6 Delegated Authority Register

File: AD-DEL Officer: Geoff Brooks – CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Summary To consider the Delegated Authority of the Chief Executive Officer. Background Section 5.42 of the Local Government Act 1995 provides that Council may delegate to the Chief Executive Officer various functions and duties. Section 5.46 of the Local government Act 1995 provides that delegations must be reviewed at least once every financial year. Comments

Set out hereunder is a copy of Councils’ decision relating to delegations made in May 2011, modified to reflect the Interim Organisational Structure. That the Chief Executive Officer be authorised to:

1. Negotiate on Council’s behalf for the purchase or sale of land, subject to guidelines or parameters as directed by Council (Part iv).

2. Negotiate on matters on behalf of Council including the leasing of land, if permitted, or otherwise present to Council relevant information to enable Council to resolve the matter.

3. Hire contractors, plant or machinery necessary to proceed with authorised or designated works or service provision subject to compliance with Council policy and rules under the Local Government Act (Functions and General) Regulations 1996.

4. Dispose of scrap material no longer required by Council.

5. Act as Principal Accounting Officer.

6. Negotiate the entering into contracts or leases on Council’s behalf that will require acceptance or otherwise by Council.

7. Enter into initial negotiations with other Councils to form groups or regional Councils, if considered in Council’s interest. Council to make final decision.

8. Enter upon land within the district and take native growing or dead timber, earth, stone, gravel or sand necessary for road making or repair purposes within the district and negotiate with landowners if necessary.

9. Negotiate “Enterprise Bargaining Agreements” on Council’s behalf that will require acceptance or otherwise by Council.

10. Approve applications to sell or provide alcoholic beverages at functions on Council controlled land or premises.

11. Carry out any other function dictated and authorised by Council policy that Council may delegate.

12. Act as principal Control / Manager with authority to perform or delegate duties, as necessary, to ensure compliance with necessary regulations and availability of the airport facilities.


13. Bushfire Control – Authorised to utilise necessary staff, plant, equipment and other items considered necessary to comply with the Bushfires Act.

14. Payments of accounts – To be able to authorise electronic funds transfers, in accordance with the bank authority of those creditors accounts requiring payment. The Chief Executive Officer will delegate the authority to approve the payment of accounts to the Finance Manager and the Administration Manager. This is to be done on the basis that any two (2) Officers, being the Chief Executive Officer, Finance Manager and Administration Manager can jointly sign the transfer of funds electronically.

15. Payment of wages - The Chief Executive Officer will delegate the authority to approve the payment of the net wages to the Finance Manager and Administration Manager. This is to be done on the basis that any two (2) being the Chief Executive Officer, Finance Manager and Administration Manager sign jointly the instructions to the bank approving the payment of wages to staff.

16. Power to approve applications under the Thoroughfares and Public Places and Trading Local Laws, other than commercial or major industrial premises.

17. Act as an authorised person and appoint authorised persons under the following legislation:

• Control of Off Roads Vehicles (Off Road Areas) Act 1978

• Local Government Act 1995

• Litter Act 1979

• Local Government (Miscellaneous Provisions) Act 1960

• Shire of Mount Magnet Local Laws

• Bush Fires Act 1954

• Caravan Park and Camping Grounds Act 1995.

• Building Act 2011

18. Power to approve writing off debts that are less than $100.00 and that are considered uncollectible.

19. Power to appoint and cancel authorised persons under the Dog Act.

20. Purchase goods and services to the value of $100,000 (excluding GST) providing that it is a budgeted expense.

21. Power to approve applications under the Cemetery Local Law for Monumental Works and Placement of Ashes.

22. Approve donations from the donation account up to the amount of $100.00 providing that funds are available. Larger donations will need to be considered by Council.

Delegations Authorised from Policy Manual:

23. Policy Manual Item 1.18 Relocation Expenses – Negotiation

24. Policy Manual Item 1.23 Employee Housing Rental Subsidies

25. Policy Manual Item 1.26(5) Staff Training Budget

26. Policy Manual Item 2.41 Citizenship Ceremonies

27. Policy Manual Item 9.32 Complaints– Minor Maintenance Works

28. Policy Manual Item 9.36 School – Supply of Sand


29. Policy Manual Item 9.38 Use of Shire Plant and Equipment Building Act 2011 – Additional Delegations: The building Act 2011 came into force on 2 April 2012, as a result modified delegations are recommended, as follows:

Delegation 16 Delete reference to Building Licences.

Delegation 17 Add Building Act 2011.

In addition the following new delegation is recommended: Delegation 30 Perform functions under the following sections of the Building Act 2011.

• Section 20 - Building Permits

• Section 110 - Building Orders

• Section 15 - Demolition Permits

• Section 58 - Extension of and grant of, Period of Occupancy Permit and Building Approval Certificate

Consultation Nil Statutory Environment Section 5.42 of the Local Government Act 1995 Section 5.46 of the Local Government Act 1995 Policy Implications Nil Financial Implications: Nil Strategic Implications Nil Voting Requirements Absolute majority

OFFICER RECOMMENDATION Moved: Cr Jensen Seconded: Cr Ford That the Chief Executive Officer be authorised to:

1. Negotiate on Council’s behalf for the purchase or sale of land, subject to guidelines or parameters as directed by Council (Part iv).

2. Negotiate on matters on behalf of Council including the leasing of land, if permitted, or otherwise present to Council relevant information to enable Council to resolve the matter.


3. Hire contractors, plant or machinery necessary to proceed with authorised or designated works or service provision subject to compliance with Council policy and rules under the Local Government Act (Functions and General) Regulations 1996.

4. Dispose of scrap material no longer required by Council.

5. Act as Principal Accounting Officer.

6. Negotiate the entering into contracts or leases on Council’s behalf that will require acceptance or otherwise by Council.

7. Enter into initial negotiations with other Councils to form groups or regional Councils, if considered in Council’s interest. Council to make final decision.

8. Enter upon land within the district and take native growing or dead timber, earth, stone, gravel or sand necessary for road making or repair purposes within the district and negotiate with landowners if necessary.

9. Negotiate “Enterprise Bargaining Agreements” on Council’s behalf that will require acceptance or otherwise by Council.

10. Approve applications to sell or provide alcoholic beverages at functions on Council controlled land or premises.

11. Carry out any other function dictated and authorised by Council policy that Council may delegate.

12. Act as principal Control / Manager with authority to perform or delegate duties, as necessary, to ensure compliance with necessary regulations and availability of the airport facilities.

13. Bushfire Control – Authorised to utilise necessary staff, plant, equipment and other items considered necessary to comply with the Bushfires Act.

14. Payments of accounts between Council Meetings – To be able to authorise electronic funds transfers, in accordance with the bank authority of those creditors accounts requiring immediate payment. The Chief Executive Officer will delegate the authority to approve the payment of accounts to the Finance Manager and the Administration Manager. This is to be done on the basis that any two (2) Officers, being the Chief Executive Officer, Finance Manager and Administration Manager can jointly sign the transfer of funds electronically.

15. Payment of wages - Payment of wages between Council Meetings to be outside of the present bank authority arrangements. The Chief Executive Officer will delegate the authority to approve the payment of the net wages to the Finance Manager and Administration Manager. This is to be done on the basis that any two (2) being the Chief Executive Officer, Finance Manager and Administration Manager sign jointly the instructions to the bank approving the payment of wages to staff.

16. Power to approve applications under the Thoroughfares and Public Places and Trading Local Laws, other than commercial or major industrial premises.

17. Act as an authorised person and appoint authorised persons under the following legislation:

• Control of Off Roads Vehicles (Off Road Areas) Act 1978

• Local Government Act 1995

• Litter Act 1979

• Local Government (Miscellaneous Provisions) Act 1960

• Shire of Mount Magnet Local Laws


• Bush Fires Act 1954

• Caravan Park and Camping Grounds Act 1995.

• Building Act 2011

18. Power to approve writing off debts that are less than $100.00 and that are considered uncollectible.

19. Power to appoint and cancel authorised persons under the Dog Act.

20. Purchase goods and services to the value of $100,000 (excluding GST) providing that it is a budgeted expense.

21. Power to approve applications under the Cemetery Local Law for Monumental Works and Placement of Ashes.

22. Approve donations from the donation account up to the amount of $100.00 providing that funds are available. Larger donations will need to be considered by Council.

23. Policy Manual Item 1.18 Relocation Expenses – Negotiation

24. Policy Manual Item 1.23 Employee Housing Rental Subsidies

25. Policy Manual Item 1.26(5) Staff Training Budget

26. Policy Manual Item 2.41 Citizenship Ceremonies

27. Policy Manual Item 9.32 Complaints– Minor Maintenance Works

28. Policy Manual Item 9.36 School – Supply of Sand

29. Policy Manual Item 9.38 Use of Shire Plant and Equipment

30. Perform functions under the following sections of the Building Act 2011.

• Section 20 - Building Permits

• Section 110 - Building Orders

• Section 15 - Demolition Permits

• Section 58 - Extension of and grant of, Period of Occupancy Permit and Building Approval Certificate

RESOLUTION 2012-05-07 CARRIED 9/0


12.7 Members Meeting Fee’s and Allowances 2012/2013

File: FI-BUGT Officer: Geoff Brooks – CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To set the Member sitting fee’s and allowance for the 2012/2013 financial year. Background The Local Government Act 1995 and Local Government (Administration) Regulations 1996 give an entitlement to elected members of a sitting fee for attending Council and Committee meetings. This fee can be set between a minimum of $60.00 and a maximum of $140.00 ($120.00 to $280.00 for the President) for Council meetings and a minimum of $30.00 to a maximum of $70.00 for all Councillors appointed to a Committee. The Presidential allowance can be an amount from a minimum of $600.00 to a maximum of $12,000.00 or 0.02% of the Local Government’s operating revenue whichever is the greater amount but not more than $60,000.00. The Deputy President’s allowance can be no more than 25% of the President’s allowance. Current Situation Currently Council has endorsed sitting fees of $140.00 per Councillor and $240.00 for the President per Ordinary Meeting. The current President’s allowance is set at $8,000.00 and the Deputy President’s allowance is $2,000.00. Committee meeting attendance fee is currently $70.00 per Councillor’s attendance. Current expenses that are reimbursed are: Travel Expenses 99.01cents/kilometre IT/Telecommunications Expense 340.00/annum The above Travel Expense is based on the Local Government Officer Interim Award and still current. Consultation Nil Statutory Environment Local Government (Administration) Regulations 1996 Policy Implications Nil Financial Implications Council sitting fees, travel allowance, President’s / Deputy President’s allowances and expense reimbursement allowances will be included in the 2012/2013 budget at the endorsed levels. Strategic Implications Nil Voting Requirements Absolute Majority


OFFICER RECOMMENDATION Moved: Cr W Scott Seconded: Cr Homewood That Council endorse the following sitting fees and allowances for the 2011/2012 financial year: Council Meetings - Councillor $ 140.00

Council Meetings – President $ 240.00

Committee Meetings – All $ 70.00

Presidents Allowance $ 8,000.00

Deputy Presidents Allowance $ 2,000.00

Travel Expense – All $ .9901 cents/kilometre

IT/Telecommunications Expense – All $ 340.00 RESOLUTION 2012-05-08 CARRIED 9/0 It was noted that sitting fees and allowances were unchanged from the current 2011/2012 financial year.


12.8 Freedom of Information Statement

File: AD-FOI Officer: Geoff Brooks – CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To adopt the Freedom of Information Statement for 2012/2013. Background Under the Freedom of Information Act 1992 agencies are required to publish an up-to-date information statement every year. (This assists Freedom of Information applicants in framing their applications and reduces the burden on agencies when assisting applicants to identify documents of interest.) Comment Council’s 2012/2013 updated Freedom of Information Statement is attached. Consultation Nil Statutory Environment Freedom of Information Act 1992 Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority

OFFICER RECOMMENDATION Moved: Cr G Scott Seconded: Cr Jensen That Council adopt the Freedom of Information Statement for 2012/2013 and forward a copy to the Information Commissioner. RESOLUTION 2012-05-09 CARRIED 9/0


12.9 Proposal to Impose Differential and Minimum Rates

File: FI-RATG Officer: Geoff Brooks - CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To approve the advertising of the proposal to apply differential and minimum rates in the 2012/2013 Financial Year. Background Sections 6.35 and 6.36 of the Local Government Act stipulate that public notice is to be given before imposing any differential general rates or minimum rates. Such public notice is to allow for a period of at least 21 days in which electors or rate payers may make submissions. Current Position Council’s Draft Four Year Budget and Corporate Business Plan have been prepared on the basis of a 4% increase in rate revenue applied uniformly across all rating types. As a consequence the following differential rates and minimums are proposed to apply in 2012/2013:

Rate Type Rate in $ Category Minimum $ Urban (inc Boogardie and Lennonville)

8.8144 Gross Rental Value 360

Boogardie and Lennonville 8.8144 Gross Rental Value 120

Single Person Quarters 16.1003 Gross Rental Value 675

Pastoral 5.8354 Unimproved Value 360

Mining 27.2650 Unimproved value 510 In accordance with section 6.33 (3) of the Act Ministerial approval will be required for the above rating proposal as the highest proposed differential rate is more than twice the lowest proposed differential rate. Consultation Nil Statutory/Policy Environment Local Government Act sections 6.33, 6.35 and 6.36. Policy Implications Nil Financial Implications The differential rating proposal is an integral part of Council’s 2012/2013 budget. Strategic Implications Nil Voting Requirements Absolute Majority



Moved: Cr Jensen Seconded: Cr Davis That Council approves the advertising of the following differential rates and minimums:

Rate Type Rate in $ Category Minimum $ Urban (inc Boogardie and Lennonville)

8.8144 Gross Rental Value 360

Boogardie and Lennonville 8.8144 Gross Rental Value 120

Single Person Quarters 16.1003 Gross Rental Value 675

Pastoral 5.8354 Unimproved Value 360

Mining 27.2650 Unimproved value 510 RESOLUTION 2012-05-10 CARRIED 9/0

AMENDMENT Moved: Cr W Scott That the words “with the proviso that an analysis of the urban rates will be carried out in the coming financial year to identify commercial and industrial rating categories”. In response to a point of order raised by Cr Jensen, upheld by the President, that the amendment was not relevant to the intent of the motion Cr W Scott withdrew the amendment and advised that it would be included under item 14 – Notices of Motion for the Next Meeting.


Prior to consideration of Item 12.10 the President and Cr W Scott left the meeting. Cr G Scott assumed the role of Chairman.

12.10 Midwest Vanadium – Windimurra Mine – Increase in Tonnage on Youanmi Road

File: EN-RURM Officer: Geoff Brooks - CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To seek Council approval for an increase in the tonnage of Magnetite to be transported, on a trial basis, on the Youanmi Road from 120,000tonnes to 240,000Tonnes and extension of the trial period to 30 December 2012. Background At the Ordinary Meeting on 16 December 2011Council resolved as follows:

“That Council authorises the Deputy President and CEO to negotiate and if appropriate, approve an interim maintenance/upgrade agreement for the Youanmi Road with Midwest Vanadium Pty Ltd, based on the technical assessment by Greenfield Technical Services to enable the first four shipments of Magnetite to proceed.”

Negotiations have been proceeding and maintenance/ performance standards based on the technical assessment carried out by Greenfield Technical Services have been agreed to by Mid West Vanadium Pty Ltd (MVPL). It should be noted that MVPL advise that they will not be using a dust suppressant as previously thought and intend to meet the required standard for dust control by the application of water. The replacement or removal of four grids is still an outstanding issue that until resolved precludes the approval by the Deputy President and CEO referred to in Council’s resolution of 16 December 2011. Request for Additional Tonnage MVPL advise that they have negotiated the use Crosslands Resources Limited ship loading facility in Geraldton and as a consequence wish to increase the trial shipment from four ships of 30,000 tonnes to four ships of 60,000 tonnes. MVPL have also sought an extension of the originally approved time frame with a completion date recommended now to be 30 December 2012. Recommendation To enable the four larger shipments to proceed it is recommended that Council approve the increase in tonnage to 240,000 tonnes with a completion date of 30 December 2012, noting that the replacement or removal of the grids still remains unresolved. Consultation Deputy President Cr Greg Scott Statutory Environment Road Traffic Act 1974 Policy Implications Nil


Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority

OFFICER RECOMMENDATION Moved: Cr Davis Seconded: Cr Homewood That Council approves an increase in tonnage for the first four shipments to 240,000 tonnes with a completion date of 30 December 2012. That Council notes that the replacement/removal of the four grids remains unresolved. RESOLUTION 2012-05-11 CARRIED 7/0


Following consideration of Item 12.10 the President and Cr W Scott returned to the meeting. The President resumed as chairman.

12.11 Corporate Business Plan – Public Discussion Sessions

File: AL-AGR-043 Officer: Geoff Brooks - CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 27 April 2012

Application To invite Community input into the Shire of Mount Magnet Corporate Business Plan. Background The attached Invitation was sent to all residents on Thursday 17 May 2012, to inform people of the draft Corporate Business Plan and to obtain community input and ideas. Consultation Nil Statutory/Policy Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Nil

OFFICER RECOMMENDATION Moved: Cr Jensen Seconded: Cr Homewood

That Council notes the invitation to residents for input into the Corporate Business Plan.



13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil 14. NOTICE OF MOTIONS FOR THE NEXT MEETING

Cr W Scott “That a full analysis of urban rates is carried out in the 2012/2013 Financial Year to identify commercial and industrial rating categories.

15. CONFIDENTIAL BUSINESS Nil


Moved: Cr Jensen Seconded: Cr G Scott That the two Late Agenda items are accepted for consideration.

CARRIED 9/0 16. LATE AGENDA ITEMS

16.2 West Australian State Aviation Strategy – Issues Paper

File: CP-AERO Officer: Geoff Brooks - CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To consider the West Australian State Aviation Strategy Issues Paper - March 2012.

Background The Department of Transport has prepared an Issues Paper dated March 2012 as a way to inform the development of a West Australian Aviation Strategy. A copy of the Issues Paper has been provided to Elected Members and there is an opportunity for Council to have input. Current Position The Issues Paper deals predominately with Perth and the larger regional airports with a focus on state wide issues. With respect to the Mount Magnet Civil Airport the following issues are identified: Section 5.5 People and Skills – Fostering Aviation Training Currently training of Council staff in essential activities such as Airport Reporting is expensive and time consuming and considered by many of those who have undergone the training to be unnecessarily complicated. It is considered that a review of aviation training should be undertaken in a bid to streamline requirements and accommodate smaller regional airports that constantly struggle with the availability of qualified staff. Section 5.7 Regulation of Intrastate Air Services The Perth to Mount Magnet and Meekatharra route is currently regulated in that there is only one Regular Passenger Transport (RPT) operator approved on the route. Currently charter operators are prohibited from carrying Regular Passenger Transport (RPT) passengers. Further mining company clients, of the major charter operators servicing Mount Magnet, are required to commit to transport a fixed number of FIFO staff by booking them on the RPT operator service. The Issues Paper suggests that the above arrangements may be limiting the availability of services to the travelling public and also increasing the cost of services. This maybe the case when charter operations are numerous, however, the moment there is a downturn in mining activity restrictions such as those described above are considered important to ensure the long term viability of RPT operations from a town such as Mount Magnet. Section 5.7 of the Issues Paper also addresses funding provided under the Regional Airport Development Scheme (RADS). Currently RADS supports approved projects on a dollar for dollar basis. To enable local government authorities, particularly in times of minimal mining activity, to operate airports on a long term viable basis it is considered essential that the RADS contribution is increased well beyond the current level.


Consultation Works Manager Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority

OFFICER RECOMMENDATION Moved: Cr Homewood Seconded: Cr G Scott That Council notes the West Australian Aviation Strategy Issues Paper and responds to the issues of People and Skills and Regulation of Intrastate Air Services as outlined above.



16.2 Annual Review of Fees and Charges – 2012/2013

File: FI-BUGT Officer: Geoff Brooks - CEO Amended by: Nil Disclosure of Interest: Nil Meeting Date: 25 May 2012

Application To review fees and charges proposed for 2012/2013.

Background In accordance with Section 6.16 of the Local Government Act fees and charges are adopted annually as part of Council’s budget. The Four Year Budget and Corporate Business Plan are expected to be submitted for Council’s consideration at the June Ordinary Meeting. Current Position The schedules of fees and charges proposed for 2012/2013 is attached. As indicated in the draft Corporate Business Plan most fees and charges have been increased by 4% (after rounding to ensure amounts are practical). The exception to this is waste collection charges that have increased from the current $195 pa to $220 pa as part of a two year progression to full cost recovery. Consultation Finance Manager Administration Manager Works Manager Statutory Environment Local Government Act 1995 – section 16.6 Policy Implications Nil Financial Implications The schedule of fees and charges is adopted as part of the Annual Budget. Strategic Implications Nil Voting Requirements Simple Majority

OFFICER RECOMMENDATION Moved: Cr W Scott Seconded: Cr Jensen That Council reviews the fees and charges proposed for 2012/2013.

RESOLUTION 2012-05-14 CARRIED 9/0 During consideration of this item Cr W Scott expressed the view that entry to the Memorial

Pool should be without charge. During discussion it was agreed that free passes to the pool should be provided to the Mount Magnet District High School, as required, as an incentive for students.


17. ELECTED MEMBER MATTERS

Cr Davis • Expressed concerns that camping was taking place at the Granites. • Expressed concerns regarding the proliferation of tobacco plants at the Ramelius

Resources Mine Site. Cr Homewood

• Expressed concerns regarding recent break-ins at the Mount Magnet District High School. The CEO was requested to prepare a letter for the President’s signature to Juvenile Justice and Department of Child Protection expressing these concerns.

Cr Ford

• Requested details of expenditure on Lot 452 Dowden Place. • Sought details of the previous Tourist Advisory Committee.

Cr Jensen

• Asked for an update on the Mt Farmer Road diversion by Ramelius Resources. The CEO advised that it was understood that for reasons of cost that Ramelius Resources would not be continuing with this project.

18. NEXT MEETING

Friday 22 June 2012 at 1:00pm. 19. CLOSURE OF MEETING

Meeting closed at 5:05pm.

minutes ordinary meeting of council 25 may 2012 · 5/25/2012 · 1. council’s works manager is a...

Documents