shire of york · the express permission of the copyright owner must be obtained before copying any...

UNCONFIRMED

SHIRE OF YORK

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL HELD ON 18 AUGUST, 2014 COMMENCING AT 4.02pm

IN THE YORK RECREATION & CONVENTION CENTRE

Distributed 27 August 2014

MINUTES – ORDINARY COUNCIL MEETING – 18 AUGUST 2014 2


Table of Contents

1. OPENING ........................................................................................................................... 5 1.1 Declaration of Opening ............................................................................................... 5 1.2 Disclaimer ................................................................................................................... 5 1.3 Suspension of Standing Orders – ............................................................................... 5 1.4 Announcement of Visitors ........................................................................................... 5 1.5 Declarations of Interest that Might Cause a Conflict .................................................... 6

2. ATTENDANCE ................................................................................................................... 6 2.1 Members ..................................................................................................................... 6 2.2 Staff ............................................................................................................................ 6 2.3 Apologies .................................................................................................................... 6 2.4 Leave of Absence Previously Approved ...................................................................... 6 2.5 Number of People in Gallery at Commencement of Meeting ....................................... 6

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ......................... 6

4. PUBLIC QUESTION TIME .................................................................................................. 7

4.1 Public Question Time – Written Questions – Current Agenda............................... 8 4.2 Public Question Time – Current Agenda ................................................................. 8

5. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................. 10

6. PETITIONS / PRESENTATION / DEPUTATIONS ............................................................ 10 7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ............................................. 10

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION ...................... 13

9. REPORTS

9.1 Development Services Nil 9.2 Administration Reports

9.2.1 Sale of CRC Building……………………………………………………………….…14 9.2.2 Information Statement 2014………………………………………………………….17 9.2.3 Night Sky - Declaration………………………………………………………………..19 9.2.4 Policy Manual…………………………………………………………………………..21 9.3 Works Reports

Nil 9.4 Finance Reports

9.4.1 York Junior Netball Club Inc - Application to be Recognised As a Community Group…………………………………………………………..………………………..23

9.4.2 Trader's Permits - Businesses Conducting Trade On A Portion Of A Public Place Adjoining Their Normal Place Of Busi8ness ……………………………………….25

9.4.3 Sponsorships 2014/15 Recurrent / Budgeted and Processes ………………...…28 9.4.4 Talbot Brook Community Group Inc. Waive Fees Associated with Hall…………30 9.4.5 Monthly Financial Reports - July 2014………………………………………………32 9.4.6 Investments - July 2014 ………………………………………………………………36 9.4.7 YRCC Business Plan …………………………………………………………………38 9.4.8 Rental housing - 2 Dinsdale Street York ……………………………………………39 9.4.9 Provision of Audit Services …………………………………………………………..41


9.5 Late Reports 9.5.1 Councillor IT Solutions ………………………………………………………………..42 9.5.2 Change of Auditor ………………………………………………………………...…..44 9.5.3 Working Party for the Shire of York Strategic Community Plan ..………………..46 9.6 Confidential Reports 9.6.1 Close the Meeting …………………………………………………………………….48 10. Committees of Council Reports 10.1 Finance, Risk & Audit Committee …………………………………………………...49 10.2 Works Committee ……………………………………………………………………..50 10.3 Heritage Advisory Committee ………………………………………………………..51 11. Executive Management Reports 11.1 CEO Report ……………………………………………………………………………52 11.2 Deputy CEO Report..………………………………………………………………….57 11.3 Manager Planning Services Report …………………………………………………60 11.4 Engineer - Works Managers Report…………………………………………………63 11.5 Environmental Health & Building Services Managers Report ……………………65 11.6 Human Resource Report …………………………………………………………… 66 11.7 York Recreation & Convention Centre (YRCC) ……………………………………68 12. Reports for Consideration 12.1 DLGC Director General's Report - August 2014……………………………………70 12.2 WALGA - Financial Report - Year Ending 31 May 2014 ………………………….71 12.3 SEAVROC - Executive Committee Meeting Agenda - 7 August 2014 ……….…72 12.4 WALGA Grants Commission - Local Government Representation …………….73 12.5 SEARTG - Board Meeting Minutes - 8 July 2014 …………………………………74 12.6 SEAVROC - Executive Committee Meeting Minutes - 8 July 2014 ……………..75 12.7 WALGA - State Council Agenda - September 2014 ………………………………76

13. NEXT MEETING…………………………………………………………………………………..77 14. CLOSURE ........................................................................................................................ 77


SHIRE OF YORK

THE ORDINARY MEETING OF THE COUNCIL HELD ON MONDAY, 30 JUNE 2014, COMMENCING AT

4.02PM IN THE YORK RECREATION & CONVENTION CENTRE The York Shire Council acknowledges the traditional owners of the land on which this meeting will be held. 1. OPENING

1.1 Declaration of Opening Cr Matthew Reid, Shire President, declared the meeting open at 4.02pm.

1.2 Disclaimer

The Shire President advised the following:

―I wish to draw attention to the Disclaimer Notice contained within the agenda document and advise members of the public that any decisions made at the meeting today, can be revoked, pursuant to the Local Government Act 1995.

Therefore members of the public should not rely on any decisions until formal notification in writing by Council has been received. Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.‖

1.3 Suspension of Standing Orders –

Clause 3.2 – Order of Business

Moved: Cr Duperouzel Seconded: Cr Wallace Carried: 5/0

1.4 Announcement of Visitors

Nil


1.5 Declarations of Interest that Might Cause a Conflict

Financial Interests Nil

Disclosure of Interest that May Affect Impartiality

Cr Matthew Reid declared an impartial interest to Item 9.2.1 (Proximity) Cr Denese Smythe declared an impartial interest to Item 9.4.1(Committee Member) Cr Pat Hooper & Mark Duperouzel declared financial interests to Item 9.6.4

2. ATTENDANCE

2.1 Members

Cr Matthew Reid, Shire President; Cr Mark Duperouzel, Deputy Shire President Cr Denese Smythe, Cr Pat Hooper, Cr David Wallace

2.2 Staff Michael Keeble, Chief Executive Officer; Tyscha Cochrane, Deputy Chief Executive Officer, Mike Gill, Engineer ; Gordon Tester, Manager Environmental Health & Building, Kira Strange, Town Planner, Matthew Davies, ICT Support Officer; Esmeralda Harmer, Secretariat

2.3 Apologies Nil

2.4 Leave of Absence Previously Approved Cr Tony Boyle

2.5 Number of People in Gallery at Commencement of Meeting There were 18 people in the Gallery at the commencement of the meeting.

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Mr Bill Roy

Public Question Time – 23 July 2014

Question 1:

Given that the budget papers project little if any valuation change what is the explanation for these differences? Response:

There was no revaluation on the GRV rating this year. There was however a revaluation on the UV rating this year. Valuations came down overall however the percentage was that small that Land Gate classified the overall change as ‗negligible‘ Question 2: Do you agree that the overall increase projected in Table 7.2 of the budget papers indicates a projected increase in general rates of 16% rather than 12%? Response:

It is correct that the overall increase in rates is 16.12%.


4. PUBLIC QUESTION TIME

Cr Reid provided the following statement at the commencement of Public Question Time: Statement by the Presiding Member at the Opening of Public Question Time at Ordinary and Special Council Meetings

―Public Question Time is provided for under the provisions of Section 5.24 of the Local Government Act and the Local Government (Administration) Regulations 1996. To provide equal opportunity for people to ask questions a limit of two (2) questions per person per time will be applied. If there is time available in Public Question Time people may be given the opportunity to ask a further two (2) questions at a time. Procedures

Questions submitted in writing prior to the meeting will be dealt with initially.

Questions from the floor will be taken in the order recorded in a register.

Statements, opinions and attachments will not be recorded in the minutes.

Questions requiring research will be taken on notice and a response will be prepared in a reasonable timeframe. The original questions and the response will be included in the Agenda and Minutes of the next Ordinary Council meeting.

Questions may be deemed inappropriate because they contain defamatory remarks or offensive language, they question the competency of elected members or staff, they relate to the personal affairs of elected members or staff, they relate to legal processes and confidential matters or they have been responded to previously and these will not be accepted or recorded in the Minutes.

The minutes may only record a summary of the question asked and the response given.

Where possible questions asked should be submitted in writing at the completion of question time or at the end of the meeting.

At Special Council Meetings questions must relate to the items on the Agenda.

Shire of York guidelines for Public Question Time are included on the meeting agenda.‖

PRESIDING OFFICER 21 October 2013


4.1 Public Question Time – Written Questions – Current Agenda Public Question Time commenced at 4.06pm

Mr John Oliver Question 1

Can the agenda for the meeting be put onto the website for viewing at the same time it is available for viewing by Council Response

Yes it can. Question 2

Will funds gained from the sale of the Old CRC building be considered for part allocation to the CRC at their new site for development and improvements as has been from this group previously?

Response

A draft agenda item will be considered at Council‘s September meeting, pending the outcome of today‘s meeting.

4.2 Public Question Time – Current Agenda

Mr Bill Roy Question 1

As no appendix in relation to the SEAVROC item was found on the website for this meeting where is it available for the information of the public? Response

The most recent SEAVROC meeting saw Cunderdin, Quairading and Tammin withdraw from the SEAVROC group. A September SEAVROC meeting is expected to address the MoU clause that obligates the named districts to remain within the group until June 30, 2015. As a result of the withdrawal of Cunderdin, Quairading and Tammin no valid meeting was undertaken for agenda‘s and appendices to be available for public viewing. Question 2

Given that there has been no recent Council consideration of SEAVROC, what is the current position of Council with respect to participation in this body? Response The Shire of York is current members of the SEAVROC group and actively pursuing ways to engage with all members. Ms Jane Ferro

Question 1

Will Council support established traders to be exempt from the proposed fee of trading in public places? Response Yes


Mrs Mel Van de Pol

Question 1

Can the planner enforce what new homes/sheds/barns/dongas are allowed in the town? Response

A kit home is considered as a dwelling and all dwellings in a Residential Zone within Western Australia are regulated by the Residential Design Codes. The Shire of York has local planning policies covering heritage precincts, places, sheds, and barn style developments. All policies are available on The Shire of York website for viewing. Question 2 Does the Shire of York have a duty of care to ensure the free mulch offered is termite free? Response

Taken on Notice Question 3

Is it fair for Mr Boyle and Councillors to reimburse farmers for spraying their verges but not local residents? Response

Council has capacity to spray verges throughout the town and appreciates those residents who have provided this service autonomously. Council has decided through recommendations from the Works Committee that the proposal to provide reimbursement for external spraying and road maintenance will not go ahead. Question 4 Who will be paying for these iPads? Response Council has allocation within the current budget funds for ICT systems. Ms Darlene Barratt Question 1

Will the report from Mike Fitzgerald be made available to the public and when? Response

An announcement by the presiding member without discussion will be addressed following today‘s public question time covering your enquiry regarding the Fitzgerald report.

Question 2 When Council vote on making this document public, do those councillors who may have a partial or any other interest have to declare that interest and abstain from the voting process? Response

It is in the act of each individual councillor to make the ethical and moral decision to declare any financial or impartial interest to any items of relation at every Council meeting.


Ms Sandra Paskett

Question 1

Will Council consider extending the scope of the business plan to include leases instead of a MoU. Response

A draft business plan will be out for comment at which time the public will be encouraged to provide appropriate input to develop the existing draft further. Question 2

Is there onsite parking for the proposed sub division for the old CRC building as it is going to be used for business use? Response It is not Council‘s intention to use this location for business use but for private dwelling only, pending today‘s outcome. Ms Tanya Richardson

Question 1

What are the differences between casual street vendors and stallholders at a fare? Response

Stall holders are designated a set timeframe, date and location for their use. Street vendors have the capacity to trade every day in multiple locations utilising Council facilities with little financial contribution to Council for use of these facilities. There were no further questions from the Gallery and Public Question time was declared closed at 4.38pm

5. APPLICATIONS FOR LEAVE OF ABSENCE Nil

6. PETITIONS / PRESENTATION / DEPUTATIONS Nil

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING

7.1 Minutes of the Ordinary Council Meeting held June 16, 2014

Corrections – Item 9.4.2.2 – Residential Property Lease – The CEO should have left the meeting during this item. Confirmation

RESOLUTION 010814 Moved: Cr Smythe Seconded: Cr Hooper

―That the minutes of the Ordinary Council Meeting June 16 2014 be confirmed as a correct record of proceedings with the above correction.‖

CARRIED: 5/0


7.2 Minutes of the Special Council Meeting held June 30, 2014

Corrections Confirmation

RESOLUTION 020814 Moved: Cr Smythe Seconded: Cr Duperouzel

―That the minutes of the Special Council Meeting held June 30 2014 to be confirmed as a correct record of proceedings.‖

CARRIED: 5/0

7.3 Minutes of the Special Council Meeting held July 17, 2014



―That the minutes of the Special Council Meeting held July 17, 2014 to be confirmed as a correct record of proceedings.‖

CARRIED: 5/0

7.4 Minutes of the Ordinary Council Meeting held July 23, 2014



―That the minutes of the Ordinary Council Meeting held July 23, 2014 to be confirmed as a correct record of proceedings.‖

CARRIED: 5/0


7.5 Minutes of the Special Council Meeting held July 25, 2014 Corrections Confirmations

RESOLUTION 050814 Moved: Cr Duperouzel Seconded: Cr Hooper

―That the minutes of the Special Council Meeting held July 25, 2014 to be confirmed as a correct record of proceedings.‖

CARRIED 4/0

Cr Smythe was recorded as voting against this motion


8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

Notice to the Ratepayers and Residents of York about a

report prepared by Fitzgerald Strategies

In April 2014 the Council appointed Mr Mike Fitzgerald of Fitzgerald Strategies, an industrial relations and management consultant, to assist the Council to consider certain issues as to the conduct and performance of the then Chief Executive Officer, Mr Ray Hooper.

Mr Fitzgerald completed his report on 23 July 2014.

There have been calls within the York community for the Shire to release the report publicly.

The report was prepared by Mr Fitzgerald by undertaking a series of interviews with the Shire President, some ratepayers and some Shire of York staff members and by examining documents in the Shire records.

The report raises a number of issues concerning the performance and conduct of a number of people, including but not limited to Mr Ray Hooper.

While the report raises these issues, comments or responses have not yet been obtained from the persons whose conduct is raised in the report and the report therefore amounts to an outline of allegations.

Although Mr Ray Hooper is mentioned in the report, Mr Hooper denies any wrongdoing and considers that he was not afforded natural justice in the preparation of the report. Mr Ray Hooper considers that the report is a repeat of previous complaints and allegations, which have previously been referred to external bodies, such as the Department of Local Government.

The Council does not intend to publicly release the report. That decision has been made in light of the fact that the report consists of a series of allegations which have not yet been tested and that there are matters in the report that may need to be further investigated.

The Council wishes to ensure that the matters that are contained in the report, which essentially are complaints made by the York community, are properly investigated and appropriately resolved.

The Council does not consider it is sufficiently equipped to carry out any further investigation of this matter itself. The Shire also considers that it would be desirable for any further investigation to be carried out by a body that is independent of the Shire.

The Council has therefore referred the report to the Minister for Local Government.

The Council wishes to emphasise that the matters contained in the report are only allegations. The referring of the report to the Minister for Local Government is not an endorsement or affirmation the allegations, it is merely a reporting the allegations to a body equipped to evaluate them and take further steps if such steps are thought to be warranted.

The purpose of this notice is to inform the York community of the events that have occurred in relation to the report and to inform the York community that the Shire is taking the appropriate steps to make sure that these complaints are properly investigated and appropriately resolved.


9. MATTERS FOR RESOLUTION 9.2 ADMINISTRATION 9.2.1 Sale of CRC Building

FILE NO: CCP.21 COUNCIL DATE: 18 August 2014 REPORT DATE: 8 August 2014 LOCATION/ADDRESS: 5 Joaquina Street, York APPLICANT: Not applicable SENIOR OFFICER: M Keeble, CEO AUTHOR: G Tester, MHB DISCLOSURE OF INTEREST: Nil APPENDICES: Aerial Photograph of Site DOCUMENTS TABLED: Nil

REPORT APPROVED BY THE CEO: Michael Keeble Shire President, Matthew Reid declared an impartial interest to this item and left the meeting at 4.50pm. Deputy Shire President, Cr Duperouzel took the Chair invited Shire President Matthew Reid to resume the chair and be included in the voting process. Shire President, Matthew Reid returned to the meeting at 4.53pm

RESOLUTION 060814

Moved: Cr Hooper Seconded: Cr Wallace ―That Council:

1. Rescind the resolution to demolish the former CRC building situated on Lot 7, 5 Joaquina

Street and commence formal procedures to dispose of the building and subdivide the land at Lot 7, 5 Joaquina Street and amend the Town planning scheme omnibus amendments to maintain a zoning of town centre for the proposed lot. the or;

2. Direct staff to arrange for the demolition of the brick walled, tiled roofed building situated on Lot 7,5 Joaquina Street York in accordance with the 2014/15 budget allocation of $20,000.00.‖

CARRIED 4/0

Voting Requirements: Simple Majority Required: No, Absolute Majority Required. Summary:

Council is requested to consider the merits of subdividing and rezoning a portion of Lot 7, 5 Joaquina Street (former CRC Building) with view to disposing of this property in accordance with the provisions of the Local Government Act 1995. Background:

At Councils ordinary meeting held on 16 December 2013, Council resolved as follows;


―That Council: Direct staff to arrange for the Demolition of the brick walled, tiled roofed building situated on Lot 7, 5 Joaquina Street York and provides a budget allocation of $20,000.00 for this purpose in the 2014/15 budget.‖

Council staff have recently been made aware that there has been an interest expressed in the possibility of purchasing the former CRC building with view to renovating the building and converting it into a combined office / caretakers residence. Consultation:

In the event that it is Council‘s desire, after having given due consideration of this matter, to rescind the resolution to demolish the former CRC building situated on Lot 7,5 Joaquina Street, Council will be required to advertise its intention to dispose of this property and to call a public tender in accordance with legislative requirements. Statutory Environment:

Town Planning and Development Act 2005 To dispose of this building and land it would be necessary to subdivide this site in accordance with a residential density of R40 being a minimum of 380 square metres. The current proposal before the Minister for Town Planning and Development under the omnibus amendments is to rezone this site from Town Centre to Public Purposes. This site must not be rezoned if this proposal is to proceed as a private office/ caretakers residence as it will be a prohibited use under a Public Purposes zoning. Local Government Act 1995 Disposal of Local Government Property and Tender requirements. Building Act 2011 The former CRC building will require maintenance and altering by any prospective purchaser as it is not without structural defects and is also lacking the necessary facilities required by the National Construction Code for a dwelling. Policy Implications: Nil Financial Implications:

At present the scheduled demolition and removal of the former CRC building is estimated to cost in the vicinity of $20,000.00 Costs involved with preparing this site for sale involve the following;

Private Valuer

Surveyor

Statutory fees – (Subdivision Application)

Advertising Collectively these fees may amount to approximately $10,000.00


Strategic Implications: Councils Strategic Plan in its vision for the Built Environment states that : Our Town Centre will be vibrant where all community interact and build relationships. It is also a priority to facilitate provision and availability of local community services and retail services. Site Inspection: Site Inspection Undertaken: Yes Triple bottom Line Assessment: Economic Implications:

Creating an additional Lot in the Town Site will generate additional rates. Removing the building will result in vacant land that may or may not be of use for public purposes at some time in the future. Social Implications:

Nil Environmental Implications:

Nil Officers Comment:

The CRC building is not without structural problems that would need to be fully understood by any prospective purchaser to avoid any future complaints in regards to the extent of works required on this building. It may be appropriate to have a Structural Engineers report and a Building Surveyors report compiled for any interested party in the event Council wishes to dispose of this building and associated 380 square metres of land. By subdividing the front portion of Lot 7, 5 Joaquina Street the rear portion of this Lot will remain in Councils possession for Public Purposes. It is intended to create a driveway between the Masonic Lodge and the newly created lot. The CRC building is in its present state unsuitable for use as a house as it lacks basic facil ities such as a laundry, kitchen, bathroom or bedrooms and safety equipment such as smoke alarms. There is potential however, to create either a home business or a business with a caretakers facility on this site under a Town Centre zoning. Any potential purchaser of this property should be responsible for the cost of fencing the newly created Lot.

Appendix: Aerial Photograph of Site can be viewed in File 2.


9. MATTERS FOR RESOLUTION 9.2 ADMINISTRATION 9.2.2 Information Statement 2014

FILE NO: AS.RMT.2 COUNCIL DATE: 18 August 2014 REPORT DATE: 8 August 2014 LOCATION/ADDRESS: N/A APPLICANT: N/A SENIOR OFFICER: Tyhscha Cochrane, Deputy CEO AUTHOR: Tyhscha Cochrane, Deputy CEO DISCLOSURE OF INTEREST: Nil APPENDICES: Information Statement – Appendix “A” DOCUMENTS TABLED: Nil

REPORT APPROVED BY THE CEO: Michael Keeble

RESOLUTION 070814

Moved: Cr Hooper Seconded: Cr Duperouzel ―That Council: 1. Endorse the Shire of York Information Statement 2014 as attached and labelled

Appendix A; and 2. Forward the document to the Office of the Information Commissioner.‖

CARRIED: 5/0

Voting Requirements: Simple Majority Required: Yes Summary:

In accordance with the provisions of the Freedom of Information there is a requirement to make available a current Information Statement, which has been provided in the tabled documents. The purpose of the Information Statement is to provide information to the community about the structure and functions of the local government, how decisions made by the Council affect the community and how members of the community can participate in the decision making process and in the formulation of policies of the local government. The Documents also lists documents that are held in the Shire offices and how they can be inspected, which ones can be purchased and what types of documents can only be requested for access through application under the Freedom of Information Act 1992. Background:

The Freedom of Information Act 1992 requires that each year Council is to publish an up-to-date Information Statement. The Information Statement is updated regularly and a revised copy will be available on the new Website. Consultation: Staff.


Statutory Environment:

Part 5 of the Freedom of Information Act 1992. Policy Implications:

Nil at this stage. Financial Implications:

Whilst there are no fees associated with creating an Information Statement there are costs associated with staff time in reviewing such a document. Strategic Implications:

Nil. Site Inspection: Site Inspection Undertaken: Not applicable Triple bottom Line Assessment: Economic Implications: Nil. Social Implications:

This statement will assist the public when accessing information as it provides details about Council, the kinds of documents it holds and the procedures for accessing them. Environmental Implications: Nil. Comment:

There are eight sections to be completed in accordance with Part 5 of the Act. The Information Statement is provided for Council‘s endorsement. Appendix: Information Statement can be viewed in File 2.


9. MATTERS FOR RESOLUTION 9.2 ADMINISTRATION 9.2.3 Night Sky – Declaration

FILE NO: OR.MTG COUNCIL DATE: 18 August 2014 REPORT DATE: 12 August 2014 LOCATION/ADDRESS: N/A APPLICANT: N/A SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO DISCLOSURE OF INTEREST: Michael Keeble, CEO APPENDICES: Email to Elected Members DOCUMENTS TABLED: Nil


Michael Keeble declared an impartial interest to this item and left the meeting at 5.09pm

RESOLUTION 080814

Moved: Cr Hooper Seconded: Cr Wallace ―That Council:

Resolves that there is no conflict of interest in the Shire conducting business with Nightsky Business Services as they are the only West Australia agent for Board accounting software reporting software.‖

CARRIED: 5/0

Michael Keeble returned to the meeting at 5.12pm Voting Requirements: Simple Majority Required: Yes Summary:

This item is tabled to ensure transparency in the commercial relationship between Board accounting software through Nightsky Business Services and the Shire. It is open to Council to resolve:

1. That the conflict is such that a different system should be considered. 2. That the conflict is of a minor nature and as such it is acceptable to continue to use the

Board system.


Background: The Chief Executive officer and one of the directors of Nightsky have been personal friends for many years. There is a requirement for a sophisticated financial reporting software package which can interact with the existing accounting system. The Chief Executive officer has used the Board system for many years and considers that it is most suitable in terms of output and price for use by the Shire. The Chief Executive officer does not have operational involvement in the training and installation of this product. Consultation: And email was sent to all Councillors advising them of this position prior to an order being placed with Nightsky and no negative response was received. In the interim the Shire President considered that the conflicts was of a minor nature and consented to a business relationship with Nightsky continuing Statutory Environment: The Local Government Act Section 5.65 requires disclosure of any interest affecting the impartiality of any member of staff also the Shire of York Code Of Conduct also requires disclosure of any interest affecting the impartiality of any member of staff. Appendix: Email to Elected Members can be viewed in File 2.


9. MATTERS FOR RESOLUTION 9.2 ADMINISTRATION 9.2.4 Policy Manual

FILE NO: AS.RMT.2 COUNCIL DATE: 18 August 2014 REPORT DATE: 8 August 2014 LOCATION/ADDRESS: N/A APPLICANT: N/A SENIOR OFFICER: Tyhscha Cochrane, Deputy CEO AUTHOR: Natasha Brennan, Project Officer DISCLOSURE OF INTEREST: Nil APPENDICES: Shire of York Policy Manual Version 1 Appendix “A” – Version 1 Appendix “B” – Version 2 DOCUMENTS TABLED: Nil


RESOLUTION 090814

Moved: Cr Smythe Seconded: Cr Hooper ―That Council refer the following Policy Manuals to the Finance, Risk & Audit Committee for consideration and review: Policy Manual – Version 1 – Existing Policies Policy Manual – Version 2 – New Policies.‖

CARRIED: 5/0

Voting Requirements: Simple Majority Required: No Absolute Majority Required: Yes

Absolute Majority required (this will allow to cater for all policies) Summary:

That Council endorse the Policy Manuals labelled Appendix ―A‖ and Appendix ―B‖. Policy Manual – Version 1 – Existing Policies Policy Manual – Version 2 – New Policies Background:

The last major review was undertaken in 2006. The Policy Manual went back to Council in September 2012, however the Council Report was deferred until February 2013. Consultation:

Senior Staff. Statutory Environment:

Relevant Acts and subsidiary legislation.


Policy Implications:

Council‘s policies will be significantly enhanced with the addition of the new policies. Financial Implications:

Nil. Strategic Implications:

Council‘s strategic direction is dependent on the supporting policies providing a link between strategic objectives and the operational activities of the Council. Site Inspection: Site Inspection Undertaken: Not applicable Triple bottom Line Assessment: Economic Implications: Not relevant to this report. Social Implications: Policies are an important communication medium to the community, as they outline Council‘s guidelines on a range of objectives. Environmental Implications: Not applicable. Comment: Appendix ―A‖ lists the current policies in force at the time of writing this report. No major changes have been identified through the review of the existing Shire of York Policies (Version 1), however it is deemed necessary to include additional policies and these will be considered separately under (Version 2) to enable the appropriate consultation process to take place. It is recommended that both versions of the policies be endorsed. Appendix “A” – Version 1, can be viewed in File 2. Appendix “B” – Version 2, can be viewed in File 2.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.1 York Junior Netball Club Inc – Application To Be Recognised As A Community

Group FILE NO: CS.CEV.1 COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 LOCATION/ADDRESS: York Recreation & Convention Centre APPLICANT: Samantha Ogley (York Junior Netball Club Inc) SENIOR OFFICER: Gordon Tester REPORTING OFFICER: John Coles DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


Cr Smythe left the meeting at 5.14pm

RESOLUTION 100814

Moved: Cr Wallace Seconded: Cr Hooper ―That Council: Recognise York Junior Netball Club Inc as a Community Group for the purpose of waiving fees and charges related to trading in public places and thoroughfares for fundraising.‖

CARRIED: 4/0

Cr Smythe returned to the meeting at 5.17pm Voting Requirements: Absolute Majority Required: No

Summary:

It is a requirement that York Junior Netball Club Inc makes application to Council to be recognised as a Community Group in order to qualify to have fees and charges waived when conducting not for profit fund raising activities in public places and thoroughfares. Background:

On 25 June 2014 an application was made in writing to the Shire asking for York Junior Netball Club Inc to be exempt from the annual street licence trading fee, as part of their fundraising, as a non for profit organisation. Consultation:

Nil Statutory Environment:

Shire of York, Local Law – Trading in Thoroughfares and Public Places Policy Implications:

Nil


Financial Implications:

Shire‘s fees waived as part of fundraising activities. Shire of York, Local Law – Trading in Thoroughfares and Public Places fees for annual operation are currently (2014/15) $1100.00. Strategic Implications:

In accordance with the Shire of York Strategic Community Plan Our Vision, the following applies: The Rural Gateway Our Shire will be: A place of community, where lifestyle choices are important and where community matters.

Site Inspection: Site Inspection Undertaken: Not applicable

Triple bottom Line Assessment: Economic Implications:

Other community-based groups may make similar applications if a precedent is set resulting in Budget consideration. Social Implications:

It is of benefit to enhance relationships between Council and Community Groups by waiving fees and charges for fundraising purposes of community benefit. Environmental Implications: Nil Comment:

That Council considers the request favourably by York Junior Netball Club Inc to waive the annual fee for operating fundraising stallholder activities within the Shire of York.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.2 Trader’s Permits – Businesses Conducting Trade On A Portion Of A Public Place

Adjoining Their Normal Place Of Business FILE NO: CS.CEV.1 COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 LOCATION/ADDRESS: Avon Terrace, York APPLICANT: Linda & Garry Shardlow (Penny Farthing Sweets),

Avon Terrace, York SENIOR OFFICER: Gordon Tester REPORTING OFFICER: John Coles DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


Cr Smythe left the meeting at 5.14pm

RESOLUTION 110814

Moved: Cr Wallace Seconded: Cr Hooper ―That Council:

waive the annual trader‘s permit fee for businesses that conduct trade on a portion of a public place adjoining their normal place of business‖.

CARRIED: 4/0

Cr Smythe returned to the meeting at 5.17pm Voting Requirements: Absolute Majority Required: No Summary:

It is a requirement, under the Shire of York, Local Law – Trading in Thoroughfares and Public Places that applications are made to the Local Government to trade in public places within the Shire of York. Background: The Shire of York‘s 2014/15 Fees & Charges marked an increase in the annual fee for trader‘s permits within Public Places and Thoroughfares from the previous 2012/13 fee of $189.00 to $1100.00. The increase in the Trading in Public Places fee was primarily due to the Shire coming into line with neighbouring Shire‘s Fees and Charges, and to respond to concerns from established local traders with regards to outside traders operating within the Shire with comparatively lower operating costs. The fallout of the increase in the annual trader permit fee for Public Places and Thoroughfares however was a number of businesses who conduct part of their trade within a portion of a public place adjoining their premises were also captured within the fee increase. Penny Farthing Sweets trade, by means of a lolly dispensing machine, immediately to the frontage of their business, along Avon Terrace, within the Public Place. Other examples include the sale offering of plants, antiques and general household items.


A written submission was received from the proprietors of Penny Farthing Sweets, Avon Terrace on 6 August 2014 to request the Council to review the application of the annual trader‘s permit fee to their business. Penny Farthing Sweets, like other businesses within York are in agreement with the ‗spirit‘ of the recent increase in annual trader‘s permit fee, but consider that the application of the fee increase in the normal business operation is not in-keeping with it‘s intent. Consultation:

All relevant businesses to be consulted. Statutory Environment: Shire of York, Local Law – Trading in Thoroughfares and Public Places The proposed exemption does not extend to fees relating to Alfresco Dining.

Subdivision 3 - Conduct of stallholders and traders

6.7 Exemptions from requirement to pay fee or to obtain a permit (1) In this clause—

―charitable organisation‖ means an institution, association, club, society or body whether incorporated or not, the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature and from which any member does not receive any pecuniary profit except where the member is an employee or the profit is an honorarium; and

―commercial participant‖ means any person who is involved in operating a stall or in conducting any trading activity for personal gain or profit.

(2) The local government may waive any fee required to be paid by an applicant for a stallholder’s permit or a trader’s permit on making an application for or on the issue of a permit, or may return any such fee which has been paid, if the stall is conducted or the trading is carried on—

(a) on a portion of a public place adjoining the normal place of business of the applicant; or (b) by a charitable organisation that does not sublet space to, or involve commercial participants in the conduct of a stall or trading, and any assistants that may be specified in the permit are members of that charitable organisation.

(3) The local government may exempt a person or a class of persons, whether or not in relation to a specified public place, from the requirements of this Division. Policy Implications:

Nil Financial Implications:

The local businesses identified as falling within the scope of the fee increase, as conducted by means of an audit on 11th August 2014 include:

1. Rabbit Shed Collectables, Avon Terrace; 2. Shell Roadhouse, Avon Terrace; 3. Monet, Avon Terrace; 4. Settler‘s Gift Shop, Avon Terrace; 5. Generations Music & Dingas Winkel, Avon Terrace; and 6. Penny Farthing Sweets, Avon Terrace.


Should Council choose to waive the trader permit fee requirement for the above local businesses, the annual fees will not be collected by the Shire. Shire of York, Local Law – Trading in Thoroughfares and Public Places fees for annual operation are currently (2014/15) $1100.00. Strategic Implications:

In accordance with the Shire of York Strategic Community Plan Our Vision, the following applies: ‗Our Goals (Economic) Grow the economic base and actively support local businesses and service provision‘.

Site Inspection: Site Inspection Undertaken: Not applicable


Other businesses may make similar applications if a precedent is set resulting in Budget consideration. Social Implications:

It is of benefit to enhance relationships between Council and Local Business by waiving fees and charges where they are unnecessarily required, and can be considered to be waived within legislation available to Council. Environmental Implications:

Nil Comment: That Council considers, under Section 6.7(2) Shire of York, Local Law – Trading in Thoroughfares and Public Places waiving the fee for annual trader‘s permit fees for businesses that conduct trade on a portion of a public place adjoining their normal place of business, to include:

Rabbit Shed Collectables, Avon Terrace;

Shell Roadhouse, Avon Terrace;

Monet, Avon Terrace;

Settler‘s Gift Shop, Avon Terrace;

Generations Music & Dingas Winkel, Avon Terrace; and

Penny Farthing Sweets, Avon Terrace.

That Council in addition considers that each of the above businesses be required to apply for an annual trader‘s permit, to enable the Shire to control activity by means of permit conditions.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.3 Sponsorships 2014/15 Recurrent/Budgeted and Processes

FILE NO: FI.DON COUNCIL DATE: 18 August 2014 REPORT DATE: 12 August 2014 LOCATION/ADDRESS: Not Applicable APPLICANT: Various SENIOR OFFICER: Michael Keeble, CEO REPORTING OFFICER: Tyhscha Cochrane, DCEO DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Appendix A - Schedule of Recurrent Contributions


RESOLUTION 120814

Moved: Cr Hooper Seconded: Cr Duperouzel ―That Council: 1. approves payments to groups that have recurrent funding and mentioned within the

budget subject to cashflow; 2. refers the sponsorship process to determine the administering and allocating from within

the budget funding pools to the Finance, Risk and Audit Committee; and 3. authorise the advertising of the process and how the sponsorships are going to be dealt

with, as soon as the process is determined. Advice Note: Those groups or organisations that have already provided requests will be considered as part of any process implemented.‖

CARRIED: 5/0

Voting Requirements: Simple Majority Required: Yes (Not outside the adopted budget)

Summary:

Each year Council makes a number of contributions by way of donations to various community groups that operate within the York Shire. Some contributions are for ongoing programs that the Shire contributes to each year and others are for ―one-off‖ projects.


Background: In the past, as part of Council‘s Annual Budget process, submissions for financial assistance with projects that benefit the community are called for from local community groups and organisations. The process involved with sponsorships is considered old and past its used by date and it was thought that the process should be changed. Part of this was to provide funding pools under different schedules throughout the budget. Those groups/organisations that have provided correspondence or requests prior to the advertising period will be considered. Consultation:

Some applicants. Statutory Environment:

Local Government Act 1995. Policy Implications:

Not applicable. Strategic Implications: Council‘s support of local community organisations is of strategic importance to the District, as without this support these groups, who in many respects are the backbone of the community, become unviable from a financial perspective. Site Inspection: Site Inspection Undertaken: Not applicable


Local community organisations are a vital component of the local economy, as in many cases they provide the lifestyle type activities that attract individuals, families and businesses to a community, improving the overall diversification and market size of the local economy. Social Implications:

Local community organisations provide the social framework of any community and without this type of financial support from the Council; many are not able to function effectively. Environmental Implications:

Not applicable. Comment:

The recommendations are put forward for Council‘s consideration.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.4 Talbot Brook Community Group Inc. Waive Fees Associated with Hall

FILE NO: FI.DON/Ta 1.30570 COUNCIL DATE: 18 August 2014 REPORT DATE: 12 August 2014 LOCATION/ADDRESS: Not Applicable APPLICANT: Various SENIOR OFFICER: Michael Keeble, CEO REPORTING OFFICER: Tyhscha Cochrane, DCEO DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


RESOLUTION 130814

Moved: Cr Wallace Seconded: Cr Duperouzel ―That Council: Waive the fees associated with the Demolition Permit and Building Permit (inclusive of septic application fees) associated with the demolition and placement of a donga like construction for use as toilets at Reserve 12191 to a total of $501.00.‖

CARRIED: 5/0

Voting Requirements: Simple Majority Required: No – Absolute (in reality the money has been saved on the project for the asbestos removal) Summary:

The Talbot Brook Community Group Inc requests that Council waive all fees associated with their recent demolition application for a toilet block, which has already been subject to the removal of asbestos. A donga like structure is waiting to be placed at the site once approval is granted Background:

The DCEO met with the Committee Members yesterday to finalise their lease and discussed their plans for the site. A demolition application was submitted on the 12 August 2014. Consultation:

Not applicable. Statutory Environment:

Building Act 2011 Building Regulations 2011 Policy Implications:

Nil Financial Implications:

Council allocated in general ledger number 111107 $8,000 towards the removal of the asbestos.


The structure was identified in the Coultas Consulting Report and therefore placed in the budget for action to be taken, however through a Worksafe Audit – urgency to act and the lease progressing the works were completed by the Talbot Community Group Inc. The fees associated with this application are indicated below.

$92.00 Demolition Permit

$40.50 Building Services Levy (required for demolition)

$92.00 Building Permit

$40.50 Building Services Levy (required for demolition)

$236.00 Health Effluent Application Strategic Implications: It is Councils objective to assist in developing quality capable services to manage community demand. Site Inspection: Site Inspection Undertaken: No Triple bottom Line Assessment: Economic Implications:

Not applicable. Social Implications:

Not applicable. Environmental Implications: Not applicable. Officers Comment: It is recommended that Council waive the fees associated with the Demolition, Building Permit and Effluent Application to a value of $501.00.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.5 Monthly Financial Reports – July 2014

FILE NO: FI.FRP COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 AUTHOR: Tabitha Bateman, Financial Controller APPENDICES: Yes – Appendix A as detailed in Summary


RESOLUTION 140814

Moved: Cr Wallace Seconded: Cr Smythe ―That Council: 1. Receive the Monthly Financial Report for July and ratify payments drawn from the Municipal

and Trust accounts for the period ending 31 July 2014:

AMOUNT

MUNICIPAL FUND Cheque Payments $ 20,113.06 Electronic Funds Payments $ 326,820.73 Direct Debits Payroll $ 195,187.01 Bank Fees $ 598.48 Corporate Cards $ 1,860.89 Fire Messaging Service $ 211.64 TOTAL $ 544,791.81 TRUST FUND Cheque Payments $ 0.00 Electronic Funds Payments $ 2,591.12 Direct Debits Licensing $ 124,492.50 TOTAL $ 127,083.62 TOTAL DISBURSEMENTS $ 671,875.43‖ 2. Accept the change in presentation of the financial statements to reflect the Australian Accounting Standards 3. Recognise prepaid revenues and expenses on the Statement of Financial Position subsequently journaling appropriate sums to the Profit/Loss accounts on a monthly basis as appropriate

CARRIED: 5/0


Voting Requirements: Simple Majority Required: Yes Statement by The Chief Executive Officer:

1. This financial report is properly drawn up to present fairly the financial position of the Shire of York at 31 July 2014, and comply with:

* The Local Government Act 1995 * The Financial Management Regulations under that Act * The Australian Accounting Standards 2. The Business Activity and PAYG statement has been lodged and paid on time. 3. Staff superannuation has been paid as and when it has fallen due. 4. The Shire of York is able to pay its accounts as and when they fall due. 5. Grants received are and have been discharged in accordance with their terms and

conditions. Where applicable, non-compliant grants are the subject of negotiation with the funding body.

Summary:

The Financial Report for the period ending 31 July 2014 is presented for consideration. Appendix A includes the following:

Monthly Statements for the period ended 31 July 2014

Bank Account Reconciliations

List of Creditors Payments

Payroll Direct Debits

Corporate Credit Card Transaction Listing

Business Activity Statement

Outstanding Rates Report Commentary:

All reports are currently being reviewed and may be modified for following meetings of Council to give greater clarity. It should also be noted that the 2013/14 figures reflected in the following reports are an estimate of the end of year position only and are subject to audit adjustments to the 2013/14 Annual Financial Report. In the past, financials were presented in accordance with the Financial Management Regulations, where income figures were presented as a negative value and expenditures as positive values. To provide greater clarity these reports have been prepared in line with the relevant Australian Accounting Standards whereby income is shown as a positive value and expenditures as a negative. It is requested that the Finance, Risk and Audit Committee approves the revised presentation of these reports. Pg1. Statement of Financial Position

Total Equity in the Shire has increased from $92,439,123 as estimated at 30 June 2014 to $92,522,928 which is an increase of $83,805.

Pg2. Profit and Loss (Income and Expenditure Statement by Programme)

Due to reduced cashflow resources efforts were made to keep spending to a minimum where possible.

General Purpose Funding – Rates and interims raised in July totalled $4,615,270. The full value of Rates raised was removed from the Profit and Loss Statement and relocated to the Statement of Financial Position as a prepayment. In accordance with the Australian Accounting Standards this income will be apportioned over the financial year and drip fed into the Profit and Loss to provide greater meaning to the statements.

Community Amenities – Rubbish charges raised through rates totalling $600,815 were removed from the Profit and Loss and relocated to the Statement of Financial Position as a prepayment. This income will be apportioned over the financial year and drip fed into the Profit and Loss to provide greater meaning to the statements. It can also be noted that due to staff reduction under this


schedule Council could see savings totalling approximately $68,000 of which a portion may be required for the use of contract services.

Recreation and Culture – Lower year to date expenditure on parks, gardens and recreation facilities.

Transport – Early amendments to the Main Roads works programme meant that progress claims for grant funds could not be made until the final works programme had been confirmed. As a result, revenues are below expected year to date levels and accordingly capital expense has been kept to a minimum. Further discussion n this programme will be presented at the next meeting.

Other Property and Services – Higher expenditure than expected for this time due to an unplanned termination payment which can not be met by the use of leave reserves.

Pg3. Profit and Loss (Income and Expenditure Statement by Nature and Type)

This statement is a re-work of Page 2 from a nature and type perspective comparing actuals against the annual budget. For the following months the layout will mirror the Profit and Loss by Programme.

Pg4. Working Capital (Current Assets & Liabilities)

For the period ending 31 July 2014 there was an estimated surplus of current assets over current liabilities of $6,287,338.

Consequently the Shire is able to pay its debts as and when they fall due. Pg5. Financial Activity Statement

Capital Programme – Capital works have been kept to a minimum pending the receipt of rates to aid cashflow.

Transfers to/from Reserves – Transfers between council funds are generally held until 30 June in any year however, a withdrawal on the leave Reserve may take place in August pursuant to finalised termination payments.

New Page Statement of Cashflows

It is proposed that a Statement of Cashflows be provided for the next Finance, Risk and Audit Committee meeting.

Page 6. – Rates Total outstanding rates $6,271,267 3 Years & over $381,418 6.08% of rates outstanding 2 Years & over $221,181 3.50% of rates outstanding 1 Years & over $290,299 4.63% of rates outstanding Total $892,899 14.23% of rates outstanding Next month we will include the current rates outstanding. The first date for payment is 9 September 2014. Sundry Debtors Total outstanding $395,652 90 days & over $292,080 73.82% of sundry debtors outstanding 60 days & over $ 0 0% of sundry debtors outstanding 30 days & over $103,572 26.18% of sundry debtors outstanding Statutory Environment:

Local Government Act 1995 (As Amended). Local Government (Financial Management) Regulations 1996 (As Amended). Australian Accounting Standards.


Financial Implications:

The following information provides balances for key financial areas for the Shire of York‘s financial position as at 31 July 2014; Sundry Creditors as per General Ledger $276,876.27 Sundry Debtors as per General Ledger $431,294.04 Unpaid rates and services current year (inc. ESL) $5,378,367.49 Unpaid rates and services previous years (inc. ESL $892,899.72 Note:

Cr Matthew Reid, proprietor of York Pharmacy supplies goods to the Shire of York. Cr Mark Duperouzel, proprietor of MALS Auto supplies goods and services to the Shire of York. Appendix “A” - as detailed in Summary, can be viewed at File 2.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.6 Investments – July 2014

FILE NO: FI.FRP COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 AUTHOR: Tabitha Bateman, Financial Controller APPENDICES: Shire of York Investment Portfolio


RESOLUTION 150814

Moved: Cr Hooper Seconded: Cr Wallace ―That Council: Receive the Shire of York Investment Portfolio as attached to this report.‖

CARRIED: 5/0


That Council consider the investment portfolio as attached. Background:

The investment policy requires Council to review the performance of its investments on a monthly basis. Statutory Environment:

Local Government Act 1995 (As Amended) 6.10(a), 6.14(1)

6.10. Financial management regulations

Regulations may provide for — (a) the security and banking of money received by a local government

6.14. Power to invest

(1) Money held in the municipal fund or the trust fund of a local government that is not, for the time being, required by the local government for any other purpose may be invested as trust funds may be invested under the Trustees Act 1962 Part III.

Local Government (Financial Management) Regulations 1996 (As Amended) 8.1(a)-(c)

8. Separate bank etc. accounts required for some moneys

(1) A local government is to maintain a separate account with a bank or other financial

institution for each of the following purposes —

(a) money required to be held in the municipal fund (other than money for which an account

is to be established under paragraph (c)); and;


(b) money required to be held in the trust fund; and

(c) money required to be held in reserve accounts.

Trustees Act 1962 18. Investment power of trustees, exercise of

(1) Subject to the instrument creating the trust, a trustee shall, in exercising a power of

investment —

(a) if the trustee‘s profession, business or employment is or includes acting as a trustee or

investing money on behalf of other persons, exercise the care, diligence and skill that a

prudent person engaged in that profession, business or employment would exercise in

managing the affairs of other persons; or

(b) if the trustee is not engaged in such a profession, business or employment, exercise

the care, diligence and skill that a prudent person would exercise in managing the

affairs of other persons. Australian Accounting Standards AASB 132 – prescribes the financial reporting requirements for financial instruments and the requirements for disclosure concerning financial instruments.

Policy Implications: In accordance with the Financial Management Investment Policy. Financial Implications: Credit Ratings Comment:

In accordance with the policy, a report of investments is presented to Council to provide a summary of investments held by the Shire of York as at 31 July 2014. The Shire of York Investment Portfolio identifies Council‘s investment type, term to maturity and investment value. The reporting will be reviewed on an ongoing basis. Appendix - Shire of York Investment Portfolio, can be viewed in File 2.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.7 YRCC Business Plan

FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 8 August 2014 LOCATION/ADDRESS: N/A APPLICANT: Shire of York SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO DISCLOSURE OF INTEREST: Guy Lehmann APPENDICES: YRCC Business Plan DOCUMENTS TABLED: Nil


RESOLUTION 160814

Moved: Cr Duperouzel Seconded: Cr Wallace ―That Council: Endorses the action of the Chief Executive Officer in appointing Guy Lehmann to write a business plan for the York Recreation Centre, in terms of the attached proposal.‖

CARRIED: 5/0


On completion a draft of the business plan will be submitted to this committee for consideration. Upon completion of the final report will be submitted to Council for action. Background:

In the past a business plan has been prepared, however, the trading conditions have changed substantially and it is accepted that a new plan is required. Consultation: Muntz & Partners Chartered Accountants Financial Implications:

The quotation for this work is $10,000 plus GST which is included in the 2014/2015 budget Strategic Implications:

This project cannot proceed successfully until a business plan is accepted. Appendix - YRCC Business Plan, can be viewed in File 2.


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.8 Rental Housing - 2 Dinsdale Street York

FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 12 August 2014 LOCATION/ADDRESS: N/A APPLICANT: Shire of York SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


RESOLUTION 170814

Moved: Cr Hooper Seconded: Cr Duperouzel ―That Council: 1. The council owned property located at 2 Dinsdale Street York is rented to the Government

Regional Officer‘s Housing organisation for a period of six months with a renewal of six months

2. The Chief Executive officer is authorised to negotiate the rent for this property at current market rates.

3. The executive will present a business plan for the building of three houses each containing four bedrooms and two bathrooms to be leased by the Government Regional Officer‘s Housing organisation for a period of 10 years to the next meeting of this committee.‖

CARRIED: 5/0

Voting Requirements: Simple Majority Required: Yes Background:

The Shire has been approached by the Police Department requesting accommodation for one police officer. At present she is living in Northam and commuting to York on a daily basis. On a long-term basis the police have approached us to build one possibly two new houses to accommodate their staff. Additionally the Education Department also have indicated their desire for us to build one new house for a teacher. The Government Regional Officer‘s Housing organisation (GROH) responsible for providing housing to staff. The Chief Executive Officer has met with GROH staff and they have indicated their interest in renting three houses from the Shire. They would expect them to be new 4 x 2 homes on small blocks say 500 m²


In the York area, GROH would expect to lease over a ten-year period at market rate, which is estimated at $450-$500 per week Consultation:

The Government Regional Officer‘s Housing Organisation The Western Australian Police Department Statutory Environment: There are no statutory implications in this item Financial Implications:

This proposal is not included in the 2014/2015 budget, but it will have a positive impact on cash flow. A small amounts of maintenance is required and an allowance of $2,000 will be made and whilst that some is not contained in the present budget the increase in rent will more than offset this expenditure At present the house has been rented to a member of staff for $100 per week ($5200 for a full year). The proposal would yield a rent of $23,400 for a full year


9. MATTERS FOR RESOLUTION 9.4 FINANCE REPORTS 9.4.9 Provision of Audit Services FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 LOCATION/ADDRESS: N/A APPLICANT: Shire of York SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


RESOLUTION 180814 Moved: Cr Hooper Seconded: Cr Smythe ―That Council: Recommend that the present auditors Macri and Partners are replaced by a suitably qualified auditor for the 2013/14 audit.‖

CARRIED: 5/0

This item was deferred for consideration at Item 9.5.2

Voting Requirements: Simple Majority Required: Yes Summary: The meeting discussed their concerns with the present auditor in terms of efficiency and compliance. The meeting discussed the merits of a change of auditor. The meeting instructed the CEO to investigate the requirements for changing auditor for the process which will commence after 30 September 2014. Consultation: Department of Local Government Statutory Environment:

The Executive will investigate the statutory implications of this directive. Financial Implications:

The Executive will investigate the fi8nancial implications of this directive.


9. MATTERS FOR RESOLUTION 9.5 LATE REPORTS 9.5.1 Councillor IT Solutions

FILE NO: AS.ITY COUNCIL DATE: 18 August 2014 REPORT DATE: 14 August 2014 LOCATION/ADDRESS: Not Applicable APPLICANT: Not Applicable SENIOR OFFICER: M Keeble, CEO AUTHOR: M Davies, IT & COMMUNICATIONS DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


RESOLUTION 190814 Moved: Cr Duperouzel Cr Smythe

―That Council: Authorise the CEO to purchase Samsung Galaxy Note 10.1 (2014) 4G tablets or an Apple iPad air 32GB for the Councillors and CEO subject to their preference.

Cr Matthew Reid – Samsung or Apple Cr Mark Duperouzel – Samsung or Apple Cr Denese Smythe – Samsung or Apple Cr Pat Hooper – Samsung or Apple Cr Tony Boyle – Samsung or Apple Cr David Wallace – Samsung or Apple

CARRIED: 5/0

Voting Requirements: Simple Majority Required: 4 votes

Summary:

Council resolved at the Ordinary Council 23 July 2014 to authorise the CEO to source the most appropriate IT solution for Councillor communications. Further investigation has been completed and advice from Telstra Business revealed that an Apple iPad air will be restrictive for use, updates and syncing information for Councillors. It is recommended that all Councillors utilise the same mobile device from an IT point of view. This will enable better synchronisation of data and support. Background: Telstra have provided details that The Samsung Galaxy Note 10.1 tablet will have SharePoint, a file sharing program that will enable Information such as agenda‘s, minutes, policies etc. to be uploaded and the information collected by Councillors. This will expand into the future IT solution of an Intranet for the Shire of York by utilising Office 365 and Lync. The Samsung Galaxy note has USB capabilities and is more user friendly as it operates out of the box with the Microsoft Windows environment.


The memory is expandable with SD Card, offers true multi-tasking, works with all adobe products, can be managed using windows explorer and data access to windows network is simple The devices will have greater functionality and portability than a laptop, desktop and iPad that could be utilised within Councillors everyday roles and is not restricted by the use of iTunes. Financial Implications: Samsung Galaxy Tablet 10.1 (2014 edition) $22.00 per month on 24 Month contract total = $528.00 - $240.00 saving on rrp Data Pack per month $40.00 on 24 month shared data contract total = $960.00. Individual 2014/2015 IT & Communications allowance budget per councillor total is $3500.00 per annum Policy Implications:

Councillors will be bound by the Shire's IT policy which has yet to be confirmed


9. MATTERS FOR RESOLUTION 9.5 LATE REPORT 9.5.2 Change of Auditor

FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 14 August 2014 LOCATION/ADDRESS: N/A APPLICANT: Shire of York SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO DISCLOSURE OF INTEREST: Nil APPENDICES: Email from DLGC DOCUMENTS TABLED: Nil


RESOLUTION 200814 Moved: Cr Smythe Seconded: Cr Wallace ―That Council: Consider changing the audit from Macri and partners to another qualified auditor commencing with the 2013/2014 audit which is held after September 2014‖ AMENDMENT 210814 Moved: Cr Smythe Seconded: Cr Wallace That Council amend the Officer Recommendation to read Council authorise the Finance, Audit & Risk Committee to consider changing the audit from Macri and partners to another qualified auditor commencing with the 2013/2014 audit which is held after September 2014‖ RESOLUTION 220814

CARRIED: 5/0 The amendment became the motion

Voting Requirements: Absolute Majority Required: Yes - 4 votes Summary:

The executive been requested to investigate the feasibility of changing audit services from Macri and partners to another auditor. The reason for the change is dissatisfaction with the services, timeliness and quality of the present audit. Background:

A contract exists for audit services with Macri partners which expires after the 2014/2015 audit which will be held after September 2015.


Consultation: The Department of Local Government (regulation and support department) Statutory Environment: The Local Government Act Part 7 Division 2 Section 7.6 (Extract ) Clause:

(1) The appointment of a local government‘s auditor is to have effect in respect of the audit

of the accounts and annual financial report of the local government for a term of not

more than 5 financial years, but an auditor is eligible for re-appointment.

(2) The appointment of an auditor of a local government ceases to have effect if —

(f) the appointment is terminated by the local government by notice in writing. The Local Government Audit Regulations Regulation 8 (extract)

Termination of audit agreement, Executive Director to be notified

(1)Where an agreement between a local government and an auditor is terminated —

(a) you are thinking the local government is to, within a period of 30 days from the

termination, give to the Executive Director —

(i) notice of the termination; and

(ii) the reasons for the termination;

and

(b) the auditor is to, within a period of 30 days from the termination, advise the

Executive Director of the termination. Financial Implications:

In the event of this contract being broken then financial penalties may accrue to the Shire. Appendix - Email from DLGC, can be viewed at File 2.


9. MATTERS FOR RESOLUTION 9.5 LATE REPORTS 9.5.3 Working Party for the Shire of York Strategic Community Plan FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 14 August 2014 LOCATION/ADDRESS: N/A APPLICANT: Shire of York SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil


RESOLUTION 230814 Moved: Cr Smythe Seconded: Cr Hooper ―That Council: Instruct the Chief Executive Officer to form a working party to commence planning for the Shire of York Strategic Community Plan‖: AMENDMENT 240814 Moved: Cr Hooper Seconded: Cr Smythe ―That Council amend the Officer Recommendation to read: Instruct the Chief Executive Officer to form a working party to consist of up to three Councillors, two Shire of York staff and three suitably qualified members of the public as soon as possible‖ RESOLUTION 250814 The Amendment became the motion

CARRIED: 5/0

Voting Requirements: Simple Majority Required: Yes

Summary:

The present strategic community plan requires extensive updating and consideration. It will require input from various sections of the community. The first step in this process will be to nominate a working party who will set the terms of reference, and a cohort of ratepayers who will represent the community in this plan. It is anticipated that members of Council will nominate to be on the working party and also will nominate other suitable persons. The working party should only be a small number of representatives.


Background:

The Department of Local Government have published some suggested guidelines:

Research (environmental scanning) on matters such as current and expected changes in community demographics, social issues and local national and global impacts.

Active engagement with the community is an essential part of the process. Communities demand to be engaged to consider and to state their aspirations.

Several meetings of the Council and senior management teams is envisaged as the Council, guided by its management team, prioritise community aspirations after considering business cases for each major initiative. The priorities in the final plans must be of community benefit, affordable including whole of life costing, realistic and achievable.

Once the Strategic Community Plan is finalised, the management team will develop operational plans (Corporate Business Plans) and processes including internal measurement and monitoring structures and processes to ensure the priorities in the Strategic Community Plan are being achieved.

Importantly the process requires annual reporting to the community on achievements/outcomes and the need for any variation as circumstances change. The community will want the opportunity to provide comment.

Statutory Environment:

In a statement by the Minister for Local Government the following is reproduced: It is my intention to change the Local Government Act (Administration) Regulations to ensure each local government adopts as a minimum 10 year Strategic Community Plans. It is hoped that the sector will embrace this initiative prior to it becoming a legislative imperative.


9. MATTERS FOR RESOLUTION 9.6 CONFIDENTIAL REPORTS 9.6.1 Close the Meeting

FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 SENIOR OFFICER: Michael Keeble, CEO


RESOLUTION 260814 Moved: Cr Hooper Seconded: Cr Duperouzel

―That Council: Close the meeting to members of the public and the press to deal with: Information that has a commercial value to a person.‖

CARRIED: 5/0


Statutory Environment: Local Government Act 1995 – Part 5 – Division 2 – Section 5.23:

(2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b), the

council or committee may close to members of the public the meeting, or part of the

meeting, if the meeting or the part of the meeting deals with any of the following —

(e) a matter that if disclosed, would reveal —

(iii) information about the business, professional, commercial or financial affairs of a person,

Note to this Item: The doors were Closed at 5.49PM The doors were Opened at 6.05PM


10. COMMITTEES OF COUNCIL 10.1 FINANCE, RISK & AUDIT COMMITTEE FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker DISCLOSURE OF INTEREST: Nil APPENDICES: Minutes of the Finance, Risk & Audit Committee Meeting DOCUMENTS TABLED: Nil


RESOLUTION 270814

Moved: Cr Smythe Seconded: Cr Wallace ―That Council: Considers the Minutes of the Finance, Risk & Audit Committee meeting held on Tuesday, 12 th August, 2014.‖

CARRIED: 5/0


Summary:

The minutes of the Finance, Risk & Audit Committee meeting are provided for Council and Community information. Appendix - Minutes of the Finance, Risk & Audit Committee Meeting, can be viewed in File 2.


10. COMMITTEES OF COUNCIL 10.2 WORKS COMMITTEE General discussions only were held at the recent Works Committee meeting held on Tuesday, 5th August, 2014.


10. COMMITTEES OF COUNCIL 10.3 HERITAGE ADVISORY COMMITTEE FILE NO: OR.MTG.3.3 COUNCIL DATE: 18 August 2014 REPORT DATE: 12 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker DISCLOSURE OF INTEREST: Nil APPENDICES: Minutes of the Heritage Advisory Committee DOCUMENTS TABLED: Nil


RESOLUTION 280814 Moved: Cr Hooper Seconded: Cr Smythe

―That Council: Considers the Minutes of the Heritage Advisory Committee meeting held on 31 July, 2014.‖

CARRIED: 5/0


The minutes of the Heritage Advisory Committee are provided for Council and Community information. Appendix - Minutes of the Heritage Advisory Committee, can be viewed in File 2.


11. EXECUTIVE MANAGEMENT REPORTS 11.1 CEO REPORT FILE NO: OR.MTG.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Michael Keeble, CEO


This report is a summary of the key activities of both the CEO and the organisation

1. Vehicles

The Works Manager is in the process of reviewing and drafting a Vehicle Use Policy (and Procedure)

2. Web Page

The webpage is up and running

3. Shire Credit Card

The auditor has still not completed their work on this task and there is an agenda item for this meeting to consider changing auditors for this work

4. Enterprise Bargaining Agreement

The negotiation process is still proceeding and is expected to be concluded by 30 July.

5. Complaints No letters of complaint have been received

6. Finance

The reorganisation of the accounting section continues

A new financial reporting system is being installed

New budget forecasting software is being installed

Negotiations have commenced to outsource payroll

A new debt collection company has been appointed to recover outstanding rates and general debtors

7. Human Resources The following management staff have left the Shire

Jackie Jurmann

Tim Jurmann

Graham Lantzke

Michael Gill has joined the staff a Shire Engineer. Part of his duties will be to identify and

train a replacement Works Manager.

8. Email and IT

Councillor email addresses continue to be in the process of being changed to ―christian [email protected]‖ A review and risk analysis of the Shire IT systems has commenced

9. Library Work has commenced on a marketing plan to improve attendance at the library

mailto:[email protected]


Matters Requiring Action from Previous Meetings of Council

Name

SP Mathew Reid

CEO Michael Keeble

DCEO Tyhscha Cochrane

MPS Jackie Jurmann

MHB Gordon Tester

WM Graham Lantzke

HR Gail Maziuk

FC Tabitha Bateman

Meeting Date Item Topic Next Review

Meeting Date

12-May-14 9.4.1 Investigate Credit Card Useage 30/09/2014 CEO

19-May-14 9.1.1 SITA Appeal 30/09/2014 MPS

19-May-14 9.1.3 Proposed Excision of Road Reserve Ashworth Road 30/09/2014 MPS

19-May-14 9.2.5 Notice to Owner of 18 Georgian St 30/09/2014 MHB

19-May-14 9.2.12 Councillor Email Addresses 16/06/2014 CEO

19-May-14 9.3.2 Policy on Roadside Vegetation Clearing 30/09/2014 WM

19-May-14 9.3.3 Policy on Townsite Verge Vegetation Management 30/09/2014 WM

19-May-14 9.4.2 Grant ANZAC 16/06/2014 DCEO

16 June 14 9.4.1.1 Planning Documents 30/09/2014 MPS

16 June 14 9.4.1.2 Proposed Scheme Amendment No. 53 30/09/2014 MPS

16 June 14 9.4.2.3 Lease – Old Tennis Court Land 30/09/2014 DCEO

23 June 14 9.1.2 Proposed Scheme Amendment No. 53 Planning

23 June 14 9.3.1 York Annual Show – Request for Shire Support 30/08/2014 Works

23 June 14 9.3.2 Request to Improve School Car Park 30/09/2014 Works

23 June 14 9.3.3 Shire of York Road Hierarchy 30/08/2014 Works

23 June 14 9.3.4 Verge Spraying 30/08/2014 Works

23 June 14 9.4.4 Avon Valley Residents Assoc Inc. 30/08/2014 MHB

23 June 14 9.5.1 Councillor IT Solutions 30/08/2014 CEO


Matters Requiring Action from Previous Meetings of Finance Risk and Audit Committee

Name

SP Mathew Reid

CEO Michael Keeble

DCEO Tyhscha Cochrane

MPS Jackie Jurmann

MHB Gordon Tester

WM Graham Lantzke

HR Gail Maziuk

FC Tabitha Bateman

Meeting Date Item Topic Next Review

7 July 2014 060614 Draft YRCC business plan 30/07/14 7 July 2014 070614 Outstanding Rates to be KPI for CEO 30/07/14 7 July 2014 080614 Project plans for 2014/2015 30/07/14 7 July 2014 090614 Use of consultants 30/07/14 7 July 2014 11/06/14 Consolidate reserve accounts 30/07/14 7 July 2014 16/06/14 Status & future of swimming pool 30/07/14

Meeting List – 21 July, 2014 to 18 August, 2014

21 July, 2014 John Langton Community Strategic Plan & Local Planning Strategy Review Gordon Tester Matthew Reid Bowling Club Meeting 22 July, 2014 Senior Staff Meeting Matthew Reid 23 July, 2014 EBA Meeting SITA Appeal Ordinary Council Meeting 24 July, 2014 Clem Rodney – South West Aboriginal Land & Sea Council Matthew Reid Craig Hanson – Roman II Matthew Reid 25 July, 2014 Yvonne Town 28 July, 2014 Community Strategic Plan & Local Planning Strategy Review Minister for Local Government – Minister Simpson


29 July, 2014 Senior Staff Meeting Tony Boyle Meg Boyle – Early Years Hub Jacky & Tim Jurmann Matthew Reid Heather & Simon Saint 30 July, 2014 Jacky & Kira Feinauer Lawyers Denese Smythe 31 July, 2014 Motor Cross Track Inspection Tanya Richardson Trails Master Plan Justin Corrigan Heritage Advisory Committee 1 August, 2014 Simon Saint Sandra Paskett David Wallace re Motor Cross Track 4 August, 2014 Sue & Murray Britza – Pony Club Matthew Reid Simon Saint Duncan Steed Brian Wilcock Michael Gill 5 August, 2014 Roma Paton Senior Staff Meeting Graham Lantzke Tabitha Bateman & Phil – Night Sky Tyhscha & Natasha AMPAC Debt Recovery – Colin Phillis Matthew Reid Works Committee 6-8 August, 2014 Local Government Week 11 August, 2014 Bob Lengkeek Graham Lantzke Simon & Heather Saint Proposed Meetings

12 August, 2014 Western Power Senior Staff Meeting LEMC Carl Tooth – CDA FRAC 13 August, 2014 Scott Alexander – Tenderlink Mia Davies – Perth 14 August, 2014 David Roberts – All Leasing Matthew Reid


15 August, 2014 Jane Ferro Anna Davies Bob Lengkeek 16 August, 2014 The York Society 18 August, 2014 Indoor Equine Arena Darlene Barratt Ordinary Council Meeting


11. EXECUTIVE MANAGEMENT REPORTS 11.2 DEPUTY CEO REPORT FILE NO: OR.MTG.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Tyhscha Cochrane, DCEO APPENDICES: Library Statistics DOCUMENTS TABLED: Nil


This report is a summary of key activities of the administration of the Shire of York. 1. Freedom of Information (1 July 2013 to 30 June 2014)

Statistics for the Month of July 2014 New Applications Received 0 Total Applications Finalised 0

Applications Carried Forward from previous years 2 Total Applications

New FOI Applications Received – Personal Information 0 New FOI Applications Received – Non-Personal Information 0

Total Applications finalised in this period 0 Total Applications on hand – not yet finalised 2

There were two (2) applications carried forward in this period which still remain outstanding as at 30th July 2014. Two FOI applications were received July 2013.


2. Library

Statistics provided Appendix A. 3. Payments to the Shire

Direct Credits July 2013 - $533,303.78 July 2014 - $225,591.99

The Department Local Government and Communities provided an operating grant of $325,126.43 for amalgamation planning and implementation, resulting in the significant difference between July 2013 and July 2014.

4. Facilities Hire

5. Environmental Protection Officer

Site visits to all landholders who submitted an Expression of Interest for seedlings, baits

and fencing under the Biodiversity Fund Program has commenced. This involves

inspecting and recording detailed site information, photo-point monitoring and mapping

as well as fire and risk assessment analysis for assessment by the project team.

The SEAVROC Environment Newsletter was sent out for July to interested landholders

and community members. General advice on NRM issues such as revegetation, grants,

bio-security and native vegetation clearing regulations continued.

Advice and a letter of consent was sent to a York landholder for permission to clear to

the maximum exempt width to construct a fenceline along a Council managed road

reserve.

Western Power are currently undertaking works at Mount Bakewell for a new

Communications tower, which has required liaison with the Community Emergency

Services Manager regarding Building Protection Zones and will require a letter of

consent from the CEO for the areas of native vegetation that cannot be cleared under

exemption.

Department Information

July

2013 2014

Facilities Hire

Indoor Stadium 50 47

Oval 9 9

Pavilion 2 1

Town Hall 23 16

Old Gym 14 5

Avon Park 2 0

Peace Park 0 1

Gymnasium

Memberships 16 11

Revenue (no GST) $3640.00 $1971.82

Revenue (incl GST) $4004.00 $2169.00


The Environment Officer continues monthly office visit to the York Shire on the first

Wednesday of the month.

6. Department of Transport Licencing June 2014

For the month of June Council collected $7,262.60 in Commissions for online licensing, which is for 792 transactions.

MDL Commissions for the month of June for five (5) computerised Theory Tests resulted

in Commissions of $94.26. 7. Dust of Uruzgan York Town Hall Monday 25 August – 7.00pm $20 Adults

Reminder that the Shire of York put in a successful bid to Country Arts WA to secure one of their new shows, The Dust of Uruzgan. The show is performed by Fred Smith, and has received acclaim all around Australia.

This performance is very fitting to kick start the ANZAC Centenary celebrations for York.

8. Unexpected Expenditure

Through the process of formal complaints being lodged and considered by the Local Government Standards Panel Council have been charged an amount of $3,108.60. The invoice is from the Department of Local Government and Communities for a person who is not an officer of the Public Service and has sat in regard to two or more complaints before the Panel. Council‘s proportion for the minor breach processing is for the period of 1/4/2013 – 17/6/2014.

9. Welcome Mrs Dot Bourne Welcome to our newest member of staff - Mrs Dot Bourne Customer

Service/Administration Support who brings with her extensive knowledge of the Department of Transport Licensing system from the Shire of Northam. The existing staff welcome the placement and look forward to working as a team.

Appendix - Library Statistics, can be viewed at File 2.


11. EXECUTIVE MANAGEMENT REPORTS 11.3 MANAGER PLANNING SERVICES REPORT FILE NO: OR.MTG.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: M Keeble, CEO AUTHOR: J Jurmann, MPS APPENDICES: Nil DOCUMENTS TABLED: Nil


This report is a summary of the current projects and activities of the Planning Services Division, which comprises:

Town planning services;

Residency Museum; and

Visitor Information Services. Table 1 provides an overview of the monthly statistics for July 2014 for the Division.

Planning Services – June Monthly Statistics

1/7/2013 – 31/7/2013 1/7/2014 – 31/7/2014 Trend

Planning

Applications Received

5 1

Applications Determined

6 4

Time (average) 20 27

DAP Applications 0 0 -

Subdivision Referrals

1 3

Scheme Amendments

0 0 -

Income derived from applications, scheme amendments and subdivision clearances

$1,288 $1,401


Residency Museum

Museum attendance

272 251

Highest demographic

Adults Adults -

Income derived $847.30 $788.25

Actual/Possible Days Open

100% 95%

Visitor Information Services

VIS Numbers 1003 1134

VIS Product Sales $825.20 $1098.60

Town Planning Services: Local Planning Strategy Review

Hames Sharley have been appointed to conduct a review of the York Local Planning Strategy that will provide a future direction for the sustainable development of York. The review has commenced and will see the establishment of a Community Reference Group to provide valuable local knowledge and input into the process. It is anticipated that the review will be completed early in 2015 and will enable the preparation of a new local planning scheme. SITA Appeal Update

The SITA appeal is ongoing in the State Administrative Tribunal. Denis McLeod of McLeod‘s Barristers and Solicitors has been engaged to assist Council in the appeal process and to represent the community. A second confidential Mediation Session was held on 8 August 2014 where a number of issues were discussed with a vision of narrowing the focus of the hearing. A preliminary hearing date has been set for 2 December 2014 and is expected to be held for four days. Daliak Structure Plan

An amended Daliak Structure Plan has been submitted by the applicants and is currently under assessment. Importantly the amended document provides an implementation plan for the area that details infrastructure requirements and costs. The Plan will, in the near future, undergo further landowner consultation prior to being presented to Council for adoption. Trails Masterplan and Bike Plan

The review of the Trails Masterplan and new Bike Plan is nearing completion with the document being finalised by the Consultants. The Integrated Masterplan will provide strategic direction for trails development in York. It is proposed to commence work on implementing the Plan in the near future with upgrades proposed to the Avon River Walk Trail.


Cultural Heritage Interpretation Plan

Following a successful grant application, Creative Spaces and Savagely Creative have been appointed to develop a Cultural Heritage Interpretation Plan for York. The Plan will provide Council and the community guidance on the interpretation of York‘s history. Residency Museum:

Visitor Numbers(needs updating by Kira)

The numbers of visitors to the Museum have increased significantly when compared to the previous year by all groups, with the exception of local visitors that have decreased. Events and initiatives including exhibition launches, celebratory activities supporting the Melbourne Cup tour and new marketing initiatives are aimed at increasing visitor numbers and the profile of the Museum. Banners

Three (3) new banners advertising the Residency Museum and the new Trails and Tours App have been installed in Avon Terrace, with two (2) additional banners installed on Panmure Road specifically for the Museum. The banners form part of a new marketing campaign to raise the profile of the Museum and to make it easier for visitors to locate. Red Tardis Project

Two red old-style timber telephone boxes are currently being restored by the Men‘s Shed that will become tourist information points in town and is part of the ongoing marketing of York and the Museum.

WW1 Centenary Exhibitions

Research is in progress towards creating a small in-house exhibition for 2015 highlighting the contribution of local York people to WW1. It will form the nucleus of a larger exhibition during the period 2016-18 as part of the W.A. Museum‘s Statewide project for regional museums ‗Remembering Them‘. Visitor Information Services:

The management of the VIS has recently been transferred to the Planning Services division, which will link and complement the activities of the Museum and other economic development and tourism initiatives. The role of the VIS is to provide information to visitors on York and over the coming months, the operations of the VIS will be reviewed to optimise this role. Visitor Numbers

Statistics are currently collected manually by the staff and this system will be reviewed to increase accuracy and usefulness of these statistics. WiFi

A WiFi hotspot has been established at the VIS Office in anticipation of the new Trails App is proving popular with visitors. The range of the WiFi has been purposely limited to within a couple metres of the front of the Town Hall centred at the VIS office.


11. EXECUTIVE MANAGEMENT REPORTS 11.4 ENGINEER – WORKS MANAGERS REPORT FILE NO: OR.MTG.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 31 July 2014 SENIOR OFFICER: Works Manager, Graham Lantzke AUTHOR: - Works Administrator, Leonie Kempin (Apendices 1-7) - Works Manager, Graham Lantzke (Appendix 8) APPENDICES: 1 - Vehicle Hours/KMs Report July 2014 2 - Grading, Construction & Rural Rd Works 3 - Town Works 4 - Potholes, Guide Posts & Signs 5 - Private Works 6 - Plant Maint / Servicing - July 2014 7 - Plant Maint / Servicing - July 2012 to current 8 - Project Status Report DOCUMENTS TABLED: Nil


Summary: This report is a summary of activities of the Works Department for the month of July 2014. Also included in an updated project status report. Background:

The Works Department has responsibility for the management, operation, maintenance and improvement of Council‘s infrastructure assets like roads, footpaths, parks, bridges and so forth (but excluding buildings). The Works Department operates in accordance with Council policy directives and the adopted budget of the Council of the Shire of York. The Works Department is accountable to the CEO who reports to the Shire Council. This report is provided in order that the Council of the Shire of York is kept informed on the operations of the Shire Works Department and progress in implementing their policy and budget objectives. It is intended through this report that Council will be able to review activities and identify policy objectives and emerging operational issues. Financial Implications:

Nil. Financial information is provided in the monthly Shire Financial statements and report and is not duplicated here, except to the extent of identifying emerging budget issues.


Comment:

Appendix 1 is a summary of Works vehicle and plant usage detailing kilometres/hours for each vehicle/plant item for the month of July 2014. Appendix 2 is a summary of monthly grading, construction and rural road works carried out by Works Depot staff for the month of July 2014. Appendix 3 is a summary of monthly town works carried out by Works Depot staff for the month of July 2014. Appendix 4 is a summary of pothole, guide post & sign maintenance carried out by Works Depot staff for the month of July 2014. Appendix 5 is a summary of private works carried out by Works Depot staff for the month of June 2014. Appendix 6 is a summary of Works Depot vehicle and plant maintenance/servicing for the month of June 2014. Appendix 7 is a cumulative summary of Works Depot vehicle and plant maintenance/servicing for the period July 2012 to current. Appendix 8 is a summary of new and ongoing projects undertaken by the Works Manager and Works Supervisor. Appendices – 1 to 8, can be viewed at File 2. 1 - Vehicle Hours/KMs Report July 2014 2 - Grading, Construction & Rural Rd Works 3 - Town Works 4 - Potholes, Guide Posts & Signs 5 - Private Works 6 - Plant Maint / Servicing - July 2014 7 - Plant Maint / Servicing - July 2012 to current 8 - Project Status Report


11. EXECUTIVE MANAGEMENT REPORTS 11.5 ENVIRONMENTAL HEALTH & BUILDING SERVICES MANAGERS REPORT FILE NO: OR.MTG.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: M Keeble (CEO) AUTHOR: G Tester (MHB) APPENDICES: Reports – Building, Health, Ranger DOCUMENTS TABLED: Nil


This report is a summary of various reports from the Health and Building Department provided for general information purposes. Building See attached Building Approvals for July 2014. Health See attached Health activities for July 2014. Ranger

See attached Ranger activities for July 2014. Appendices - Reports – Building, Health and Ranger, can be viewed at File 2.


11. EXECUTIVE MANAGEMENT REPORTS 11.6 Human Resource Report FILE NO: PE.REC COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Gail Maziuk, HR Officer APPENDICES: Nil DOCUMENTS TABLED: Nil


Summary:

The purpose of this report is to advise Council of changes at Senior Staff level. Background:

Graham Lantzke, Manager Works and Services, tendered his resignation to the Chief Executive Officer effective Monday 11 August, providing a three (3) month notice period in accordance with the terms of his contract. The terms of separation were mutually agreed between Graham Lantzke and the Shire of York. The Shire has contracted the services of Avon Civil Engineering Pty Ltd to provide the appropriate services in an interim capacity for a period of six (6) months. During this time Avon Civil Engineering Pty Ltd will perform the duties of Manager Works and Services, and will actively seek to recruit and train a permanent replacement. Consultation:

Nil Required Statutory Environment:

Nil Policy Implications:

Nil at this stage. Financial Implications:

Avon Civil Engineering Pty Ltd will provide the required services at an agreed flat hourly rate plus GST Strategic Implications:

Nil Site Inspection: Site Inspection Undertaken: Not applicable


Nil


Social Implications:

The appointment of Avon Civil Engineering Pty Ltd will ensure continuity of the Works Program and Projects, as well as service to the community Environmental Implications: Nil Comment: This report is of an informative nature only and no action by Council is required


11. REPORTS FOR CONSIDERATON 11.7 York Recreation & Convention Centre (YRCC) FILE NO: CCP.7 COUNCIL DATE: 18th August 2014 REPORT DATE: 10th August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Kathryn Brown, YRCC Manager DISCLOSURE OF INTEREST: Nil APPENDICES: Appendix A DOCUMENTS TABLED: Nil


Summary:

The following is a summary of items for York Recreation and Convention Centre for the month of July 2014.

Catering Numbers On Weekends- Monthly averages were calculated from the number of meals served each Friday night.

July figures showed a reduction in meals served from June, with the school holidays having a marked effect on number of people attending both Friday and Sunday meals service. Desserts and kids‘ meals maintained relatively normal levels of sales but adult meals sold were less than in previous months. Closing time after service was generally reduced with fewer people attending and the cold weather meaning most left early.

Sporting Events/Catering and Diversity Of Private Functions -

July was a busy month with the YRCC trading 25 days for the month, even though weekend sports events were limited due to the school holidays. Lawn bowls, as well as both junior and senior football clubs, currently seem content with the variety and delivery of catering services offered to their clubs.

During July, YRCC hosted eight meetings affiliated with the Shire and Council. We also

hosted one private seminar, a wake, a lunch, the Melbourne Cup visit, two evening functions

and a sports clubs meeting, in addition to the regular football and lawn bowls fixtures.

Financials:

A reduction in expenditure and income compared to June figures reflected the quiet July school holiday period. Although YRCC ran into minor deficit this month, a sizeable reduction in running costs of the centre meant that the deficit was much less than in June 2014. As our clientele are predominantly a family demographic, we always have reduced business over the holidays when families are away and this was indeed the case for July with income being roughly half that of June. Some function invoicing from the month of July remains unpaid at month‘s end, so we expect to see an increase in function income next month when these invoices are paid.


Feedback:

- Ongoing complaints regarding damage to gym flooring due to weights use on the carpeted areas and also the trip hazard of weights being left out or not stored properly

- Fantastic response from sporting clubs assisting with the Friday night atmosphere by running raffles and supporting one another‘s‘ clubs and the YRCC

- Ongoing request for car park resurfacing to be considered, as the dust and dirt blowing on to all synthetic surfaces is perceived to be affecting play and/or their longevity.

- Many enquiries about the subsoil issues with Bowling Green A and B and the new catchment dam being constructed.

Appendix “A” can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.1 DLGC Director General’s Report – August 2014 FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Nil APPENDICES: Director General’s Report – August 2014 DOCUMENTS TABLED: Nil


RESOLUTION 290814 Moved: Cr Hooper Seconded: Cr Smythe ―That Council: Considers the Department of Local Government & Communities Director General‘s Report – August 2014.‖

CARRIED: 5/0


The DLGC Director General‘s Report – August 2014 Edition is provided for Council and Community information. Appendices - Director General’s Report – August 2014, can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.2 WALGA – Financial Report – Year Ending 31 May 2014 FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Nil APPENDICES: WALGA – Financial Report – Year Ending 31 May 2014 DOCUMENTS TABLED: Nil


RESOLUTION 300814

Moved: Cr Smythe Seconded: Cr Duperouzel

―That Council: Considers the WALGA Financial Report for the year ending 31 May, 2014.‖

CARRIED: 5/0


Summary:

The WALGA Financial Report for the year ending 31 May 2014 is provided for Council and Community information. Appendices- WALGA – Financial Report – Year Ending 31 May 2014, can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.3 SEAVROC – Executive Committee Meeting Agenda – 7 August 2014 FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 11 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Nil APPENDICES: SEAVROC – Executive Committee Meeting Agenda – 7 August 2014 DOCUMENTS TABLED: Nil


RESOLUTION 310814

Moved: Cr Smythe Seconded: Cr Hooper ―That Council: Considers the SEAVROC Executive Committee Meeting Agenda for 7 August 2014.‖ AMENDMENT 320814

Moved: Cr Smythe Seconded: Cr Hooper ―That Council amend the Officer Recommendation to read; Considers the SEAVROC Executive Committee Meeting Notice Paper for 7 August 2014‖ RESOLUTION 330814



Summary: The SEAVROC Executive Committee Meeting Agenda for the meeting of 7 th August, 2014 is provided for Council and Community information. Appendices - SEAVROC – Executive Committee Meeting Agenda – 7 August 2014, can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.4 WA LG Grants Commission – Local Government Representation

FILE NO: C18 COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Cr Pat Hooper APPENDICES: Letter of Confirmation DOCUMENTS TABLED: Nil


RESOLUTION 340814

Moved: Cr Smythe Seconded: Cr Hooper ―That Council: Considers the confirmation letter appointing Cr Pat Hooper as the WA Local Government Grants Commission – Local Government Representative.‖ AMENDMENT 350814

Moved: Cr Smythe Seconded: Cr Hooper ―That Council: Considers the confirmation letter appointing Cr Pat Hooper as the Deputy Rural Member for the WA Local Government Grants Commission‖ RESOLUTION 360814



Summary: The confirmation letter appointing Cr Pat Hooper as the WA Local Government Grants Commission – Local Government Representative is provided for Council and Community information. Appendices - Letter of Confirmation, can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.5 SEARTG – Board Meeting Minutes – 8 July 2014 FILE NO: OR.RDT.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Nil APPENDICES: SEARTG – Board Meeting Minutes – 8 July 2014 DOCUMENTS TABLED: Nil


RESOLUTION 370814

Moved: Cr Hooper Seconded: Cr Smythe

―That Council: Considers the SEARTG Board Meeting Minutes held 8 July 2014.‖

CARRIED: 5/0


Summary:

The Board Meeting Minutes of the SEARTG held on 8th July, 2014 are provided for Council and Community information. Appendices - SEARTG – Board Meeting Minutes – 8 July 2014, can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.6 SEAVROC– Executive Committee Meeting Minutes – 8 July 2014 FILE NO: OR.RDT.5 COUNCIL DATE: 18 August 2014 REPORT DATE: 13 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Nil APPENDICES: SEAVROC – Executive Committee Meeting Minutes – 8 July 2014 DOCUMENTS TABLED: Nil


RESOLUTION 380814 Moved: Cr Hooper Seconded: Cr Smythe

―That Council: Considers the Minutes of the SEAVROC Executive Committee Meeting held 8 July 2014.‖

CARRIED: 5/0


Summary:

The Minutes of the SEAVROC Executive Committee Meeting held on 8 th July, 2014 is provided for Council and Community information. Appendices - SEAVROC – Executive Committee Meeting Minutes – 8 July 2014, can be viewed at File 2.


12. REPORTS FOR CONSIDERATON 12.7 WALGA – State Council Agenda – September 2014

FILE NO: COUNCIL DATE: 18 August 2014 REPORT DATE: 14 August 2014 SENIOR OFFICER: Michael Keeble, CEO AUTHOR: Helen D’Arcy-Walker, ESO DISCLOSURE OF INTEREST: Nil APPENDICES: WALGA – State Council Agenda – September 2014 DOCUMENTS TABLED: Nil


RESOLUTION 390814

Moved: Cr Hooper Seconded: Cr Smythe

―That Council: Considers the WALGA September 2014 State Council Agenda.‖

CARRIED: 5/0


Summary:

The Agenda for the WALGA September 2014 State Council Agenda is provided for Council and Community information. Appendices - WALGA – State Council Agenda – September 2014, can be viewed at File 2.


13. NEXT MEETING

RESOLUTION 400814 Moved: Cr Hooper Seconded: Cr Duperouzel ―That Council: hold the next Ordinary Meeting of the Council on September 15, 2014 at 4.00pm at the York Recreation and Convention Centre, York.

Carried: 5/0 AMENDMENT 410814 Moved: Cr Smythe Seconded: Cr Wallace

―That Council: hold the next Ordinary Meeting of the Council on September 15, 2014 at 4.00pm in the Council Chambers, York Town Hall, York.

CARRIED: 5/0 RESOLUTION 420814

The amendment became the motion.

14. CLOSURE Cr Reid thanked everyone for their attendance and declared the meeting closed at 7.27pm.