AGENDA – ORDINARY MEETING OF COUNCIL1
15 December 2006
SHIRE OF ASHBURTON
ORDINARY COUNCIL MEETING
AGENDA
Onslow Sports Club
15 December 2006
SHIRE OF ASHBURTON
ORDINARY COUNCIL MEETING
Dear Councillor,
Notice is hereby given that an Ordinary Meeting of the Council of the Shire of Ashburton will be held on Friday15 December 2006 at the Onslow Sports Club, Onslow commencing at 9.00am.
The business to be transacted is shown in the Agenda.
Keith Pearson
CHIEF EXECUTIVE OFFICER
8 December 2006
DISCLAIMER
The recommendations contained in the Agenda are subject to confirmation by Council. The Shire of Ashburton warns that anyone who has any application lodged with Council must obtain and should only rely on written confirmation of the outcomes of the application following the Council meeting, and any conditions attaching to the decision made by the Council in respect of the application. No responsibility whatsoever is implied or accepted by the Shire of Ashburton for any act, omission or statement or intimation occurring during a Council meeting.
1.12.0DECLARATION OF OPENING
2.12.0ANNOUNCEMENT OF VISITORS
3.12.0ATTENDANCE
3.12.1 ATTENDANCE
3.12.2 APOLOGIES
3.12.3 APPROVED LEAVE OF ABSENCE
4.12.0PUBLIC QUESTION TIME
4.12.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
4.12.2 PUBLIC QUESTION TIME
5.12.0APPLICATIONS FOR LEAVE OF ABSENCE
6.12.0PETITIONS / DEPUTATIONS / PRESENTATIONS
6.12.1 PETITIONS
6.12.2 DEPUTATIONS
6.12.3 PRESENTATIONS
7.12.0CONFIRMATION OF MINUTES OF PREVIOUS MEETING
7.12.1 ORDINARY MEETING OF COUNCIL HELD ON 24 OCTOBER 2006
8.12.0ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION
9.12.0DECLARATION BY MEMBERS
10.12.0ENGINEERING SERVICES REPORTS
10.12.025 OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
10.12.26CLOSURE OF DEDICATED ROAD NO.1009 – RED HILL TO MT STUART
10.12.27BIODIESEL SUPPLY AGREEMENT WITH ASHBURTON ABORIGINAL CORPORATION
10.12.27 ENGINEERING SERVICES DECISION STATUS REPORT
11.12.0COMMUNITY SERVICES REPORTS
11.12.015COMMUNITY SERVICES DECISION STATUS REPORT
12.12.0 CORPORATE SERVICES REPORTS ………………………………………………………………………………..22
12.12.087REQUEST FROM MINISTER FOR LOCAL GOVERNMENT TO REMOVE WITTENOOM TOWNSITE DESIGNATION, AND ASSOCIATED MATTERS
12.12.088 ASSET REGISTER REVIEW AND PROPOSED COUNCIL POLICY
12.12.089USE OF COMMON SEAL UNDER DELEGATED AUTHORITY
12.12.090REVIEW OF LOCATION OF SUPPORT FOR SHIRE’S INFORMATION SYSTEMS
12.12.091FEES AND CHARGES 2006-2007
12.12.092BUSH FIRE MANAGEMENT PLAN
12.12.093NATIVE TITLE AGREEMENT – EASTERN GURUMA PEOPLE
12.12.094SALE OF SHIRE HOUSE, LOT 461 HOPE STREET, ONSLOW
12.12.095EMPLOYEE REQUEST TO WAIVE RELOCATION RE PAYMENT
12.12.096ORGANISATIONAL STRUCTURE REVIEW
12.12.97LOCAL LAW REVIEW
12.12.98MONTHLY FINANCIAL REPORT – October 2006
12.12.099 CORPORATE SERVICES STATUS REPORT
13.12.0DEVELOPMENT SERVICES REPORTS
13.12.042ALFRESCO DINING APPLICATION MILLSTREAM CAFÉ, TOM PRICE MALL, TOM PRICE
13.12.043ALFRESCO DINING AND SIGNAGE APPLICATION NAMELESS COFFEE LOUNGE, STADIUM ROAD, TOM PRICE
13.12.044 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7
13.12.045DEVELOPMENT SERVICES DECISION STATUS REPORT
14.12.0WESTERN OPERATIONS REPORTS
14.12.018 RESIDENTIAL PLAN FOR THE SHIRE OF ASHBURTON – ONSLOW
14.12.019AUTHORISED OFFICERS – DOG ACT 1976
14.12.017WESTERN OPERATIONS DECISION STATUS REPORT
15.12.0NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING
16.12.0CONFIDENTIAL REPORTS
17.10.0NEXT MEETING
18.10.0CLOSURE OF MEETING
1.12.0DECLARATION OF OPENING
.
2.12.0ANNOUNCEMENT OF VISITORS
3.12.0ATTENDANCE
3.12.1ATTENDANCE
Cr L CorkerShire President, Ashburton Ward
Cr H MartinTom Price Ward
Cr L Thomas Tableland Ward
Cr L Rumble Paraburdoo Ward
Cr P FooteParaburdoo Ward
Cr A EyreOnslow Ward
Cr T BloemTom Price Ward
Mr K PearsonChief Executive Officer
Mr B SmithExecutive Manager Development Services
Ms A O’HalloranExecutive Manager Western Operations
Ms M FitzpatrickActing Executive Manager Corporate Services
Mr L WhiteExecutive Manager Community Services
3.12.2APOLOGIES
Mr J Breen Executive Manager Engineering Services
3.12.3APPROVED LEAVE OF ABSENCE
Cr E WalshamPannawonica Ward
4.12.0PUBLIC QUESTION TIME
4.12.1RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
4.12.2PUBLIC QUESTION TIME
5.12.0APPLICATIONS FOR LEAVE OF ABSENCE
6.12.0PETITIONS / DEPUTATIONS / PRESENTATIONS
6.12.1PETITIONS
6.12.2DEPUTATIONS
6.12.3PRESENTATIONS
7.12.0CONFIRMATION OF MINUTES OF PREVIOUS MEETING
7.12.1ORDINARY MEETING OF COUNCIL HELD ON 24 OCTOBER 2006
From page 48 the Minutes were referred to in the header as Council Agenda 24 October 2006.
Recommendation
That the Minutes of the Ordinary Meeting of Council held on 24 October 2006, as previously circulated on 30 October 2006, be confirmed as a true and accurate record with the following alterations:-
- The header to be changed to read from page 48 onwards:-
MINUTES – ORDINARY MEETING OF COUNCIL
24 October 2006
8.12.0ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION
9.12.0DECLARATION BY MEMBERS
That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting.
AGENDA – ORDINARY MEETING OF COUNCIL1
15 December 2006
10.12.0ENGINEERING SERVICES REPORTS
10.12.025 OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
FILE REFERENCE: / PE.OHAUTHOR’S NAME AND
POSITION: / Jeff Breen
Executive Manager Engineering Services
NAME OF APPLICANT/
RESPONDENT: / Not Applicable
DATE REPORT WRITTEN: / 1 December 2006
DISCLOSURE OF FINANCIAL INTEREST: / The author has no financial interest in this matter.
PREVIOUS MEETING
REFERENCE: / 16 March 2006 - 12.02.014
Summary
The Occupational Safety and Health Act 1984 requires the Shire to undertake certain actions to ensure compliance with the Act.
Part of this compliance is ensuring employee input to safety matters. Council discharges this responsibility mainly through the OH&S Committee. This report recommends that the decision to establish the committee as a committee of Council be rescinded.
Background
At the March 2006 meeting the OS&H Committee was established as a committee of Council. The objectives and composition of the Committee were also established.
COMMENT
It is recognised and strongly accepted that the OH&S Committee is a necessity to assist with ensuring a safe work environment for Council’s employees. To fulfil this role effectively there needs to flexibility in the manner in which the Committee operates consistent with the provisions of the Occupational Safety and Health Act 1984.
Committee of Council Issues
No doubt the establishment of the OS&H Committee as a committee of Council was done in an effort to give the Committee greater authority and status and to enlist the support of Council.
Whilst this may have been the aim it has, in fact, severely restricted the operation of the Committee.
As a committee of Council the Committee is bound by the Local Government Act and is required to advertise meetings, admit members of the public, formally report to Council and have minutes adopted by Council and seek approval of Council for changes to members, terms of reference, etc.
In the environment in which Council employees operate these requirements are so restrictive as to make the OH&S Committee unworkable.
As an example, of the six staff positions on the Committee only five were filled and two of those no longer work for Council. Election and Council ratification of replacement representatives may take in excess of two months depending upon the timing of Council meetings.
The resolution of safety related issues, under the current objectives, will be cumbersome and not dealt with in a timely manner as all decisions require Council endorsement. Employee workloads and travel distances also require flexibility of meeting dates and places if comprehensive involvement of representatives is to be achieved.
It is also inappropriate for the Committee to be responsible to Council as, clearly, the responsibility for the delivery of OS&H outcomes and compliance with the Act is a responsibility of management. It is for this reason that it is proposed that the Occupational Safety and health Committee become a working group.
The support and involvement of Councillors is, however, valued and representation should be maintained.
It is for this reason that it is proposed that the OS & H Committee in the future operate as a working group.
Committee Objectives
The objectives of the OS&H Committee stated in the March 2006 report are still valid however the need to make recommendations to Council for approval on these matters is not conducive to effective operation of the Committee.
The objectives are restated below;
*The initiation, development and implementation of safety and health measures and programmes;
*Any proposed changes that may affect the safety health of employees;
*Matters referred to it by safety and health representatives, senior management and/or Council;
*Occupational safety and health policy and procedure development and review;
*Continuous improvement in safety and health in the workplace; and
*The resolution of safety and health issues.
Committee Members
It is the proposed that the Committees shall consist of ten (10) members.
(1)Occupational Safety & Health Officer
(2)Council Delegate
(3)Chief Executive Officer or Delegate
(4)Tom Price Committee Member
(5)Paraburdoo Committee Member
(6)Onslow/Pannawonica Committee Member
(7)Road Crew Committee Member
(8)Town Maintenance Committee Member
(9)Town Maintenance Committee Member
(10)Recreation Facilities Committee Member
This make up of the Committee will allow a greater balance between outdoor and office based employees and will retain sufficient numbers if resignations occur.
The Committee will have direct responsibility to the CEO.
Reporting to Councillors
To ensure the continued involvement and input from Councillors minutes of Committee meetings will be circulated to all Councillors. Input can be through direct contact with a Committee member or through the Council delegate.
Consultation
CEO
Statutory Environment
Occupational Safety and Health Act 1984
Policy Implications
Change to OS&H Policy
Financial Implications
Nil
Strategic Implications
Strategic Plan 2004 – 2009, Key Result Area, Best Practice Local Government l
Voting Requirement
A motion to revoke the previous decision must first be supported by at least one third of the number of Councillors, including the mover.
The decision to revoke the previous decision must be supported by an absolute majority.
The new decision requires a simple majority.
Officers Recommendation
That Council
- Revoke its decision in relation to Agenda Item 12.02.014 (Meeting of Council 16 March 2006) whereby Council resolved:
- That Council appoint Cr Laddie and Cr Eyre to the Occupational Safety and Health Committee.
- That Council endorse the following staff appointments to the Occupational Safety and Health Committee:
Occupational Safety & Health Coordinator Cathi Bock
Assistant Occupational Safety & Health CoordinatorRegan Erickson
Chief Executive OfficerKeith Pearson
Tom Price Committee MemberMegan Nash
Paraburdoo Committee MemberSharon Knapp
Onslow Committee MemberPeter Kalalo
- That Council adopts the Occupational Health and Safety Policy as attached at Appendix 12.02.014B.
- Directs the CEO to take appropriate measures to re-establish the OS&H Committee as a working group including calling for nominations for representatives and publishing a meeting calendar.
- Nominate Cr ……………… to attend OS&H Meetings.
Author:Jeff Breen / Signature:
Manager: Keith Pearson / Signature:
10.12.26CLOSURE OF DEDICATED ROAD NO.1009 – RED HILL TO MT STUART
FILE REFERENCE: / ES.RM7AUTHOR’S NAME AND
POSITION: / Jeff Breen
Executive Manager, Engineering Services
NAME OF APPLICANT/
RESPONDENT: / Mr D & Mrs L Corker
DATE REPORT WRITTEN: / 20th November 2006
DISCLOSURE OF FINANCIAL INTEREST: / The author has no financial interest in this matter.
PREVIOUS MEETING
REFERENCE: / Not Applicable
Summary
Lessees of Red Hill Station have requested the cancellation of Dedicated Road Number 1009 as in their opinion the road is unusable to public traffic and presents a danger to people and station stock with continued use.
Background
Mr D & Mrs L Corker, lessees of Red Hill Station have requested the permanent closure of the Road on behalf of Red Hill and Mt Stuart Stations as they consider its use by the general public an inconvenience to lessees of both Red Hill and Mt Stuart Stations, and a risk to members of the public.
The road in question extends northwards from Nanutarra Munjina Road to Red Hill Road. The attached plan shows the location of the road.
APPENDIX10.12.26.pdf
Comment
The closure, if it is to proceed, must be done in accordance with the Land Administration Act 1997 Section 58. The procedure is:
- Council must decide if it wishes the road to be closed;
- The intent to close must be advertised in a newspaper circulation in this district not less than 35 days before Council considers any comments received; and
- A request for the Department of Planning and Infrastructure to close the road can then be made.
It is recommended that the request for closure be supported. A closed gate is located at the southern end of the road and the road is seldom, if ever, used by the public.
Statutory Environment
Land Administration Act 1997, Section 58
Policy Implications
There are no policy implications relevant to this matter.
Financial Implications
There are no financial implications relevant to this matter.
Strategic Implications
There are no strategic implications relevant to this matter.
Voting Requirement
Simple Majority Required
Recommendation
That Council:
(a)Agree to the closure of the ROAD NO.1009 – RED HILL TO MT STUART ROAD
(b)Directs the EMES to advertise the proposed closure in accordance with the Land Administration Act 1997, Section 58, and report back to Council.
Author:Jeff Breen / Signature:Manager: Keith Pearson / Signature:
10.12.27BIODIESEL SUPPLY AGREEMENT WITH ASHBURTON ABORIGINAL CORPORATION
FILE REFERENCE: / LE.COAUTHOR’S NAME AND
POSITION: / Jeff Breen
Executive Manager Engineering Services
NAME OF APPLICANT/
RESPONDENT: / Not Applicable
DATE REPORT WRITTEN: / 1 December 2006
DISCLOSURE OF FINANCIAL INTEREST: / The author has no financial interest in this matter.
PREVIOUS MEETING
REFERENCE: / 10.05.009 May 2006
Summary
The Ashburton Aboriginal Corporation and the Shire of Ashburton are partners to aMemorandum of Understanding (MOU) which, amongst other things, allows for a cooperative approach to recycling.
The AAC has been piloting a biodiesel conversion operation at its Tom Price site. The AAC is requesting the Shire to enter into a supply agreement and guarantee a minimum off take of biodiesel from the AAC.
Background
At the May 2006 meeting the Shire and the AAC agreed to commit to a MOU which agreed on issues related to providing employment and partnering on recycling.
The Shire currently has eight employees sourced through programs with the AAC. The Shire has also assisted with the aluminium can recycling that AAC undertakes in Tom Price.
The AAC is currently piloting a biodiesel production plant in Tom Price.
Biodiesel can be defined as ‘a diesel fuel obtained by the esterification of oil (triglycerides) derived from plants or animals’ (Australian Fuel Standard (Biodiesel) Determination 2003).
Esterification is the conversion of a compound into an ester by a reaction between an acid and an alcohol with the elimination of a molecule of water. In the production of biodiesel, triglycerides (organic fatty acids) are mixed with alcohol in the presence of a catalyst (potassium or sodium hydroxide) to produce biodiesel and glycerine. The term ‘biodiesel’ has become the generic name for mono-alkyl esters of long chain fatty acids derived fromrenewable lipid sources via Tran esterification (Beer et al. 2000).
An ester is the organic equivalent of an inorganic salt. Vegetable oil or tallow belongs to the same generic series of esters called triglycerides. They are the combination of glycerine (a three carbon molecule with an alcohol or an ‘-OH’ group attached to each carbon) and three corresponding long chain fatty acids. In the biodiesel process of Tran esterification, the glycerine in the triglyceride molecule is displaced by the methanol in the presence of a catalyst to produce the methyl ester ‘biodiesel’ and a separate glycerine by-product. Ethanol can also be used to produce an ethyl ester, which has similar biodiesel properties.
Biodiesel can be used as a replacement for, or in a blended-combination with, mineral diesel fuel (eg. B5 is a blend of 5% biodiesel, 95% mineral diesel). Although a relatively new alternative fuel in Australia, biodiesel is a globally recognised and established fuel, especially amongst countries of the European Union and in the United States. Between 1996-2002, the production capacity of biodiesel in the European Union rose 4-fold to two million tonnes with manufacturing occurring in Germany, France, Italy, CzechRepublic,Denmark, Austria and Sweden (Environment Australia 2003, Paper 6, and National Standard for Biodiesel – Discussion Paper).
An Australian Standard for biodiesel has been developed under the Federal Fuel Quality Standards Act 2000, which provides the legislative framework for setting national fuel quality standards.
The main objective is to regulate the quality of fuel supplied in Australia,over a specified time period, in order to:
• Reduce the level of pollutants and emissions arising from the use of fuel that may cause environmental and health problems;
• Facilitate the adoption of better engine technology and emission controltechnology; and
• Allow the more effective operation of engines (Environment Australia 2003).
The biodiesel produced by Ashburton Aboriginal Corporation must conform to the FuelStandard (Biodiesel) Determination 2003, established under the Fuel Quality Standards Act. The determination states the maximum allowable levels of certain properties and components in biodiesel from 18 September 2003 and then from 01 February 2006.
A guarantee of off take is being sought by the AAC to assist with the viability of the establishment of a biodiesel plant in Tom Price.
COMMENT
The pilot biodiesel plant is now operational and will produce biodiesel from waste cooking oil collected from various mine camps and other commercial kitchens across the Pilbara. A purpose made collection vehicle has been purchased for this purpose.
Bioworks Australia and Pilbara Iron are assisting with the establishment of this project.
One thousand litres of biodiesel has been produced as a trial and is currently undergoing quality testing. The AAC has engaged a Consultant to examine the viability and sustainability of the business and produce a business plan.
As part of the sustainability AAC is seeking a supply agreement with the Shire. The form of agreement is attached.
APPENDIX\10.12.27.doc
Under the agreement biodiesel will be supplied to the Shire at around $1.10/litre which is a substantial saving on current prices. This price is unlikely to rise compared to diesel prices as the product is manufactured from a waste product which generators currently pay to dispose of, therefore it is anticipated that the cost differential between diesel and biodiesel will widen in the future.
Quality issues are addressed in the agreement with all batches passing compliance tests and certified as such.
The biodiesel would be delivered in 1000 litre IBCs initially and used for fuelling of construction plant such as graders, loaders, rollers, etc. The logistics of fuelling light vehicles is too complex to be viable at this stage. The minimum quantity guaranteed is 4000 litres per month. Road plant usage is in excess of 100,000 litres per annum.
To ensure compliance with the Local Government Act 1995 and Regulations tenders will be called for supply of biodiesel if the prevailing tender threshold is likely to be exceeded.
Entering into this agreement in no way implies permission or approvals that may be required to be obtained by the Ashburton Aboriginal Corporation for the operation of the pilot biodiesel plant or an expanded production plant.
Consultation
CEO, Supervisor Plant Maintenance
Statutory Environment
There are no statutory implications relevant to this matter.