MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD IN THE

COUNCIL CHAMBERS ON Thursday 20th October 2011

1. OPENING

1.1 DECLARATION OF OPENING

The Shire President welcomed all in attendance and declared the meeting open at 15.02pm.

1.2 RECORDING OF THOSE PRESENT

Cr K J Chappel President

Cr D J Coaker Deputy President

Cr G R North

Cr D S Carslake

Cr K P Stokes

Cr M J Thornton

Cr D S Agar

Mr G R Treasure Chief Executive Officer

Mr D G Williams Deputy Chief Executive Officer

1.3 RECORDING OF APOLOGIES

Nil

1.4 LEAVE OF ABSENCE

Nil

1.5 ANNOUNCEMENTS BY PRESIDENT WITHOUT DISCUSSION

Cr K J Chappel welcomed new Councillors, Cr M J Thornton and Cr D S Agar to the Meeting and thanked all Councillors for their nominations and support.

1.6 VISITORS TO THE MEETING

Nil

2. PUBLIC QUESTION TIME

Nil

3. DECLARATIONS OF INTEREST

Nil

4. PREVIOUS MINUTES

4.1 CONFIRMATION OF MINUTES OF ORDINARY MEETING

Confirmation of Minutes of the Ordinary Meeting held on 14th September 2011.

Moved: Cr G R North

Seconded: Cr D J Coaker

CARRIED

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4.2 BUSINESS ARISING FROM THE MINUTES

Nil

4.3 CONFIRMATION OF MINUTES OF SPECIAL MEETING

Confirmation of Minutes of the Special Meeting held on 12th October 2011.

Moved: Cr K P Stokes

Seconded: Cr D S Carslake

CARRIED

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4.4 BUSINESS ARISING FROM THE MINUTES

Nil


INTRODUCTION

A status report on progress of items requested by Council from previous meetings will be provided each month for Councillor’s information.

OFFICER’S RECOMMENDATIONS

It is recommended that:

The Status Report submitted to 20th October Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D S Carslake

Seconded: Cr D J Coaker

That the Status Report submitted to 20th October Ordinary Meeting be received.

CARRIED

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Item No: 6.1

Subject: Accounts Due for Payment

Proponent: Finance Officer

Signature of Officer:

Signature of CEO:

File No: ADM 0135

Voting Requirements: Simple Majority

Meeting Date: 20th October 2011

INTRODUCTION

A list of accounts is attached for all payments made for the month of September 2011.

COMMENT

Nil

FINANCIAL IMPLICATIONS

As per list of accounts hereunder

POLICY IMPLICATIONS

Nil

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the list of accounts paid by the Chief Executive Officer under designated authority, represented by:

-  Municipal EFT Payment Numbers EFT2896 to EFT3005 inclusive, amounting to $513,778.66;

-  Municipal Direct Debit Payments Numbers DD1902.1, DD1904.1, DD1906.1, DD1922.1, DD1746.1, DD1924.1, DD1926.1, DD1933.1, DD1940.1, DD1945.1 & DD1947.1 amounting to $11,580.59;

-  Municipal Cheque Payments numbered 10328 to 10357 totalling $50,840.00

Be endorsed.

COUNCIL RESOLUTION

Moved: Cr D S Carslake

Seconded: Cr K P Stokes

That the list of accounts paid by the Chief Executive Officer under designated authority, represented by:

-  Municipal EFT Payment Numbers EFT2896 to EFT3005 inclusive, amounting to $513,778.66;

-  Municipal Direct Debit Payments Numbers DD1902.1, DD1904.1, DD1906.1, DD1922.1, DD1746.1, DD1924.1, DD1926.1, DD1933.1, DD1940.1, DD1945.1 & DD1947.1 amounting to $11,580.59;

-  Municipal Cheque Payments numbered 10328 to 10357 totalling $50,840.00

Be endorsed.

CARRIED

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Item No 6.2

Subject: Reconciliations September 2011

Proponent: Manager Accounting & Finance

Signature of CEO

File No: ADM 0189

Voting Requirements: Simple Majority

Meeting Date: 20th October, 2011

INTRODUCTION

Local Government (Financial Management) Regulation 34 (1)(a) states that a Local Government must prepare financial statements monthly.

OFFICER’S COMMENT

The Shire of Morawa’s financial position is as follows:-

BANK BALANCES

The Bank Balances as at 1st October, 2011:-

- / Municipal Account # / $656,789.52
- / Trust Account / $ 61,161.33
- / Gold Cash Management Account (Reserve / $461,160.07
- / Business Telenet Saver (Reserve) / $4,186,453.56

# Transfer of Sale of Fines funds ($637,697.07) transferred into Community Development Reserve on the 8th August, 2011

# Transfer of $1,471,260.00 transferred into Plant Reserve from Community Development Reserve on the 18th August, 2011 as per 2011/12 Budget.

# Transfer of $43,561.73 transferred into Plant Reserve from Municipal Fund on the 11 October , 2011 being for 1st quarter of Depreciation Plant Costs as per 2011/12 Budget (this will be reflected in October Financial Activity Statement).

BANK RECONCILIATION BALANCES

The Bank Reconciliation Balances for 30th September, 2011 with a comparison for 30th September, 2010 is as follows:

2011 / 2010
Municipal Account # / $657,574.31 / $777,286.73
Trust Account / $61,161.33 / $263,699.33
Reserve Account / $4,647,613.63 / $2,152,185.69

RESERVE ACCOUNT

Reserve Funds of $4,647,613.63 as at 30h September, 2011 were invested with Bank of Western Australia in the Gold Cash Management Account ($461,160.07), Business Telenet Saver Account ($4,186,453.56). Breakdown for September 2011 with a comparison for September 2010 is as follows:-

2011 / 2010
Sports Reserve / $0.00 / $32,513.32
Land & Building Reserve / $337,271.64 / $322,013.67
Plant Reserve / $1,141,094.78 / $24,052.71
Leave Reserve / $81,532.99 / $77,844,23
Economic Development Reserve / $417,528.26 / $339,620.45
Sewerage Reserve / $0.00 / $0.00
Unspent Grants & Contributions Reserve / $458,191.95 / $19,591.12
Community Development Reserve / $844,776.11 / $350,618.50
Water Waste Management Reserve / $63,820.05 / $60,932.69
Future Funds Reserve / $1,214,644.18 / $925,000.00
Morawa Community Trust Reserve / $88,753.67 / $0

Total $4,647,613.63 $2,152,185.69

STATUTORY ENVIRONMENT

Local Government Act 1995 and Local Government (Financial Management) Regulations

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

As presented

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the bank reconciliation report for 30th September, 2011 be received.

COUNCIL RESOLUTION

Moved: Cr K P Stokes

Seconded: Cr G R North

That the bank reconciliation report for 30th September, 2011 be received.

CARRIED

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Item No 6.3

Subject: Monthly Financial Statements

Proponent: Manager Accounting & Finance

Signature of Officer:

Signature of CEO

Voting Requirements: Simple Majority

Meeting Date: 20th October 2011

INTRODUCTION

Local Government (Financial Management) Regulation 34(1)(a) states that a Local Government must prepare financial statements monthly.

OFFICER’S COMMENT

The September Financial Activity Report which includes the Variance Report and Schedules 2 to 14 as supporting documentation is presented as a separate document for Council to peruse and receive.

The 2010/11 Annual Financial Statements have been finalised and have been presented to the Auditors (who advise that they will endeavour to do the annual audit prior to the 24th November, which is the date we had originally set for their visit).

A copy of the Annual Financial Statements is available at the office if Council wish to peruse prior to the Auditors report and the Annual Report being presented to Council, (at the December Council Meeting on the current audit dates).

STATUTORY ENVIRONMENT

Local Government Act 1995 and Local Government (Financial Management) Regulations

FINANCIAL IMPLICATIONS

As presented

STRATEGIC IMPLICATIONS

As presented

OFFICER’S RECOMMENDATION

It is recommended that the financial reports comprising of:-

Ø  The Statements of Financial Activity Reports for the period ending 30th September, 2011

Ø  Variance Report for the period ending 30th September, 2011

Ø  Schedules 2 to 14 for the period ending 30th September, 2011

Be Received.

COUNCIL RESOLUTION

Moved: Cr K P Stokes

Seconded: Cr D S Agar

That the financial reports comprising of:-

Ø  The Statements of Financial Activity Reports for the period ending 30th September, 2011

Ø  Variance Report for the period ending 30th September, 2011

Ø  Schedules 2 to 14 for the period ending 30th September, 2011

Be Received.

CARRIED

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INTRODUCTION

A list of outstanding rate debtors for the period ending 30th September 2011 is submitted to Council as is required at the end of each quarter.

BACKGROUND INFORMATION

Rate notices were issued on the 29th August 2011 total amount raised was $1,329,900.96

As at 12th October 2011 $754,350.80 has been paid.

Currently $575,550.17 is outstanding in rate debtors.

Discount given for 2011/2012 is $46,790.75

Discount given for 2010/2011 is $40,222.84

Overdue rate notices along with the second instalment notices will be issued before the end of October 2011.

OFFICER’S RECOMMENDATION

It is recommended that:

The Outstanding Rates Debtors report as at 30th September 2011 be received.

COUNCIL RESOLUTION

Moved: Cr G R North

Seconded: Cr K P Stokes

That the Outstanding Rates Debtors report as at 30th September 2011 be received.

CARRIED

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INTRODUCTION

A list of outstanding Debtors for the period ending 30th September 2011 is submitted to Council as require at the end of each quarter.

OFFICER’S COMMENTS

As shown on the report there are a number of accounts that have been outstanding over the 60 day period. A full review of the debtor’s accounts has been conducted prior to the end of September 2011 and followed up with appropriate action as per Councils policy.

Debtor 30948 $3,250.00 has since been paid in full

Debtor 30084 $5,706.25 has since declared themselves bankrupt

Debtor 30864 $1,280.00 has declared themselves bankrupt

STATUTORY REQUIREMENTS

Local Government Act 1995

POLICY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

All outstanding debtors are a cash flow risk to the Shire of Morawa until paid.

STRATEGIC IMPLICATIONS

Nil

OFFICER’S RECOMMENDATION

It is recommended that the Outstanding Debtors report as at the 30th October, 2011 be received.

COUNCIL RESOLUTION

Moved: Cr K P Stokes

Seconded: Cr G R North

That the Outstanding Debtors report as at the 30th October, 2011 be received.

CARRIED

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INTRODUCTION


A Strategic Plan Update and Progress Report is provided each month for Councillors information.

OFFICER’S RECOMMENDATION

It is recommended that:

The Strategic Plan Update and Progress Report for the 20th October 2011, Ordinary Meeting be received.

COUNCIL RESOLUTION

Moved: Cr D S Carslake

Seconded: Cr D J Coaker

That the Strategic Plan Update and Progress Report for the 20th October 2011, Ordinary Meeting be received.

CARRIED

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INTRODUCTION

The purpose of this report is for Council to consider an offer from Water Corporation to decommission the old water supply dam located on Reserves 46388 (Lot461), 44279 (Lot 458) and 44279 (Lot 459) and revest the land to the Shire of Morawa.

ATTACHMENTS

Email of offer from Water Corporation and plan of the site

BACKGROUND INFORMATION

The Shire of Morawa has been offered the opportunity to increase land reserves as Water Corporation is reducing the number of reserves under its control to reduce management and liability of old disused sites.

Council’s officers have noted this is an opportunity to further utilise land areas for the Shire to strategically plan for future growth in the town-site. Several discussions with Water Corporation staff have been held regarding the matter.

OFFICER’S COMMENT

The current offer provides the Shire of Morawa with a further opportunity to have additional land available in the event of an increase in demand due to mining activity and planning for Super Towns development.

Considerations have been given to relining the old dam and have the old dam utilised as a storm water storage facility. However, the problem of concrete removal and rehabilitation of the land would be at the shires cost in years to come.

Water Corporation has obligations to return the site to its original state and has offered to do so before revesting the land in the Shire of Morawa.

The land once revested in the Shire could be utilised as a car / truck park or future commercial development subject to State Land Administration approval.

STATUTORY ENVIRONMENT

Land Administration Act 1997

The Planning and Development Act 2005

Shire of Morawa Local Planning Scheme No .2 Scheme Text

POLICY IMPLICATIONS

Nil

RISK MANAGEMENT

There is a risk that the cost of land in Morawa will increase further and Council will not have sufficient land available in the event of increased mining activity. This opportunity will reduce the need to find traffic parking for heavy vehicles in the town-site.

FINANCIAL IMPLICATIONS

There are no costs associated with this offer.

STRATEGIC IMPLICATIONS

Any additional land will assist in providing a direction for future land development in Morawa.

OFFICER RECOMMENDATION

It is recommended that:-

  1. Council resolves to accept the offer from Water Corporation to decommission the old water supply dam located on Reserves 46388 (Lot461), 44279 (Lot 458) and 44279 (Lot 459) and revest the land to the Shire of Morawa.

COUNCIL RESOLUTION

Moved: Cr K P Stokes

Seconded: Cr M J Thornton

That:-

1.  Council resolves to accept the offer from Water Corporation to decommission the old water supply dam located on Reserves 46388 (Lot461), 44279 (Lot 458) and 44279 (Lot 459) and revest the land to the Shire of Morawa.

CARRIED

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Cr G R North requested Water Corporation leave as many trees as possible in-situ during the demolition.

INTRODUCTION

The Building Act 2011 (the Act) was passed on 23rd June 2011 and will come into operation from 31st October 2011 with a proposed phased implementation over a period of 12 months.

The new Building Act has been developed to replace the Building Regulations 1989 and parts of the Local Government (Miscellaneous Provisions) Act 1960. The Act covers all buildings and the whole State of Western Australia and introduces permit issuing authorities, enables private certification of design compliance and is designed to streamline and clarify the building process.

This report seeks to briefly outline the changes that are proposed in the Act and also to seek approval for a number of actions that the Morawa Shire Council may consider in order to ensure that the Building and Development Compliance Section continues to operate under the provisions of the Building Act 2011 to the same extent as it currently does under the existing Act. This includes amendments to the schedule of fees and charges and Delegations of Authority.

ATTACHMENTS

Revoked delegation, New delegation, Authorisation of officers, Schedule of fees

BACKGROUND INFORMATION

The State Government has undertaken a Building Regulation Reform package that is planned to deliver the most significant transformation to Western Australian building legislation in over 50 years. The existing building approvals process was established by the Local Government Act of 1960, and reflects the way buildings were designed in the 1950's, relying on builders registered under the Builders' Registration Act 1939. Building policy and legislation has been fragmented between local and state government departments since then, with practitioner registration managed by individual boards. Reviews of building regulations undertaken by the former Housing and Works and Consumer Protection portfolios recommended that the legislation be updated to reflect modern building practices in Western Australia. Reviews also suggested that the legislation be managed in one place, by a single entity, and as a result the Building Commission was established.