AGENDA – ORDINARY MEETING OF COUNCIL 2
13 February 2007
SHIRE OF ASHBURTON
ORDINARY COUNCIL MEETING
AGENDA
Ashburton HallAshburton Hall, Paraburdoo
24 October13 February 2007
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 Tuesday 13th February, 2007 at the Ashburton Hall, Paraburdoo commencing at 9.00am.
The business to be transacted is shown in the Agenda.
Keith Pearson
CHIEF EXECUTIVE OFFICER
7 February, 2007
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.
1.02.0 DECLARATION OF OPENING 5
2.02.0 ANNOUNCEMENT OF VISITORS 5
3.02.0 ATTENDANCE 5
3.02.01 ATTENDANCE 5
3.02.02 APOLOGIES 5
3.02.03 APPROVED LEAVE OF ABSENCE 5
4.02.0 PUBLIC QUESTION TIME 5
4.02.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 5
4.02.02 PUBLIC QUESTION TIME 6
5.02.0 APPLICATIONS FOR LEAVE OF ABSENCE 6
6.02.0 PETITIONS / DEPUTATIONS / PRESENTATIONS 6
6.02.01 PETITIONS 6
6.02.02 DEPUTATIONS 6
6.02.03 PRESENTATIONS 6
7.02.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING 6
7.02.01 ORDINARY MEETING OF COUNCIL HELD ON 15 DECEMBER 2006 6
8.02.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION 6
9.02.0 DECLARATION BY MEMBERS 6
10.02.0 ENGINEERING SERVICES REPORTS 7
10.02.01 YAMPIRE GORGE ROAD CLOSURE 7
10.02.02 PANEL TENDER – PLANT HIRE AND EQUIPMENT 11
10.02.03 ENGINEERING SERVICES DECISION STATUS REPORT 18
11.02.0 COMMUNITY SERVICES REPORTS 22
11.02.01 COMMUNITY SERVICES DECISION STATUS REPORT 22
12.02.0 CORPORATE SERVICES REPORTS 24
12.02.01 MONTHLY FINANCIAL REPORT – November, 2006 24
12.02.02 EXTRA-ORDINARY ELECTION TOM PRICE WARD 26
12.02.03 USE OF COMMON SEAL UNDER DELEGATED AUTHORITY 29
12.02.04 AUTHORISED OFFICERS – DOG ACT 1976 31
12.02.05 BUSH FIRE MANAGEMENT PLAN 33
12.02.06 REVIEW OF COMMITTEES OF COUNCIL 37
12.02.07 COUNCIL POLICY – INVESTMENT OF SURPLUS FUNDS 41
12.02.08 RESERVE ACCOUNTS 43
12.02.09 PARABURDOO VETERINARY CLINIC 45
12.02.10 CORPORATE SERVICES STATUS REPORT 47
13.02.0 DEVELOPMENT SERVICES REPORTS 52
13.02.01 ANNUAL TRADERS’ LICENCE APPLICATION, “ROADIES”, CENTRAL ROAD, TOM PRICE 52
13.02.02 ALFRESCO DINING APPROVAL - MILLSTREAM CAFÉ, TOM PRICE SHOPPING MALL, TOM PRICE 55
13.02.03 PLANNING APPLICATION - GLH CONTRACTING, 14-16 TUREE WAY, PARABURDOO 58
13.02.04 DEVELOPMENT APPROVALS ISSUED UNDER DELEGATION – SHIRE OF ASHBURTON TOWN PLANNING SCHEME NO.7 62
13.02.05 DEVELOPMENT SERVICES DECISION STATUS REPORT 64
14.02.0 WESTERN OPERATIONS REPORTS 67
14.02.01 WESTERN OPERATIONS DECISION STATUS REPORT 67
15.02.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 74
16.02.0 CONFIDENTIAL REPORTS 74
16.02.01 CONFIDENTIAL REPORT - CHIEF EXECUTIVE OFFICER ANNUAL PERFORMANCE REVIEW 75
17.02.0 NEXT MEETING 75
18.02.0 CLOSURE OF MEETING 75
1.1002.0 DECLARATION OF OPENING
2.1002.0 ANNOUNCEMENT OF VISITORS
3.1002.0 ATTENDANCE
3.1002.01 ATTENDANCE
Cr L Corker Shire President, Ashburton Ward
Cr H Martin Tom Price Ward
Cr L Thomas Tableland Ward
Cr L Rumble Paraburdoo Ward
Cr P Foote Paraburdoo Ward
Cr A Eyre Onslow Ward
Cr T Bloem Tom Price Ward
Cr E Walsham Pannawonica Ward
Cr E Walsham Pannawonica Ward
Mr K Pearson Chief Executive Officer
Mr J Breen Executive Manager Engineering Services
Mr B Smith Executive Manager Development Services
Mrs J Smith Executive Assistant to Chief Executive Officer
Ms A O’Halloran Executive Manager Western Operations
Mr L White Executive Manager Community Services
Mrs S O’Toole Executive Manager Corporate Services
Ms M Fitzpatrick Administration Manager
Ms B Shields Executive Assistant Chief Executive Officer
3.1002.02 APOLOGIES
Cr T Bloem Tom Price Ward
3.1002.03 APPROVED LEAVE OF ABSENCE
4.1002.0 PUBLIC QUESTION TIME
4.1002.01 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
4.1002.02 PUBLIC QUESTION TIME
5.1002.0 APPLICATIONS FOR LEAVE OF ABSENCE
6.1002.0 PETITIONS / DEPUTATIONS / PRESENTATIONS
6.1002.01 PETITIONS
6.1002.02 DEPUTATIONS
6.02.03 PRESENTATIONS
06.02.03 Mr David Lee at Chevron Australia Gorgon Development – 9:15am Presentation
Representative from Minister John Ford’s office and consultants who prepared the Management of Asbestos Contamination in Wittenoom September 2006 document.
Emergency Management and Local Government – Amanda O’Halloran and Morgwn Jones (45mins)
7.1002.0 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
7.1002.01 ORDINARY MEETING OF COUNCIL HELD ON 19 SEPTEMBER15 DECEMBER 2006
At Item 12.09.064 the declarations made by Crs Martin, Rumble and Walsham and the Council Decision relating to these declarations to be placed at the beginning of the item as this is when the declarations were made.
Recommendation
§ That the Minutes of the Ordinary Meeting of Council held on 19 September15 December 2006, as previously circulated on 22 September21 December 2006, be confirmed as a true and accurate record.
§ Placement of the declaration made by Crs Martin, Rumble and Walsham and the Council decision relating to these declarations being placed at the beginning of Item 12.09.064.
8.1002.0 ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION
9.1002.0 DECLARATION BY MEMBERS
That Councillors have given due consideration to all matters contained in the Agenda presently before the meeting.
AGENDA – ORDINARY MEETING OF COUNCIL 2
13 February 2007
10.1002.0 ENGINEERING SERVICES REPORTS
10.02.01 YAMPIRE GORGE ROAD CLOSURE
FILE REFERENCE: / YG.JDAUTHOR’S NAME AND
POSITION: / Keith Pearson
Chief Executive Officer
NAME OF APPLICANT/
RESPONDENT: / Not Applicable
DATE REPORT WRITTEN: / 15 January 2007
DISCLOSURE OF FINANCIAL INTEREST: / The author notes that on 11 October 2006 he was the Shire observer at the State Government initiated Wittenoom Steering Committee at which a draft copy of the report “Management of Asbestos Contamination in Wittenoom” was discussed. The author is aware of the report contents but is unable to comment on them due to an interim Ministerial embargo on the release of the report contents.
PREVIOUS MEETING
REFERENCE: / Agenda Item 7.10.594 Ordinary Meeting of Council 16 October 2001
10.03.680 Ordinary Meeting of Council 11 March 2003
Summary
In March 2003 Council resolved to close a section of Yampire Gorge Road, due to public safety considerations. At that time Council also recommended that the feasibility of re-opening the road be investigated. This report outlines the finding of that investigation.
Background
Council, at its meeting on 16 October 2001, considered a report requesting the closure of Yampire Gorge Road (Agenda Item 7.10.594). The report noted, in part,
“The current status of the road is that it is well formed for three (3) Kilometres north from the Banjima Road intersection in Karijini National Park. The temporary closure is only 200m north of this intersection. Beyond the 3 km section there is no remaining formed road, the track is often within the creek bed until the gorge properly starts about 5 km from Banjima Rd. Beyond that point the gorge is mainly only 20m wide and any track is repetitively destroyed by the creek flow. That condition exists until eighteen (18) km where a formed track exists for the next ten (10) km to the Nanutarra – Munjina Road……”
The report highlighted the public safety risk associated with road’s poor state of repair and also noted that the road was expensive to maintain and re-construct.
“Road Closed” signs had been temporarily erected however these were by ignored and removed by persons unknown.
Following its deliberations Council resolved
“That Council :
1. Close the Yampire Gorge Road for the maximum 28 days allowed
by Section 3.5 (4) of the Local Government Act 1995;
2. request the Minister extend the period of temporary closure to 12
months while the formal closure process is being completed; and
3. Advertise for comment the formal closure of Yampire Gorge Road
from three (3) kilometers north of the Banjima Road intersection
to ten (10) kilometers south of the Nanutarra – Munjina Road in
accordance with Section 3.50 of the Local Government Act 1995.
4. Inform Youngaleena Aboriginal Community and other relevant
stakeholders of Council’s intentions to close the road, and request
comments from them.”
On 11 January 2003 notification of the road closure, pursuant Section 3.50 of the Local Government Act was published in the West Australian Newspaper. Submissions were invited up until 8 February 2003. A total of four submissions, (all recommending that the closure not proceed) were received, however, three of these were received after the nominated closing date for submissions.
Council considered all of the submissions received at its meeting on 11 March 2003 (Agenda Item 10.03.679) and as a result resolved.
“1. That Council after considering the submissions received proceed with the restriction of vehicular traffic to part of Yampire Gorge defined as being three (3) kilometers north of Banjima Drive intersection and extending to ten (10) kilometers south of the Nanutarra Munjina Road in accordance with Section 3.50 if the Local Government Act 1995.
2. That further investigation be carried out on the feasibility of the reinstatement of the Yampire Gorge Road, including duty of care issues relating to asbestos contamination and level of reinstatement.”
In April 2003 the Shire advised the Commissioner of Main Roads of the steps it had taken to close the road.
No further actions or events have occurred in relation to this matter since that date.
Comment
Its is of note that the road closure instigated was undertaken pursuant Section 3.50 of the Local Government Act and not Section 3.58 of the Land Administration Act, as closures under Section 3.50 of the Local Government Act are required to be renewed every four years whereas closures under the Land Administration Act are permanent.
The current four year closure period expires in April 2007.
Three options are, in theory, open to Council in relation to the future of the road. These are
· Open the road to the general traffic
· Extend the closure of the road by between four weeks and four years, pursuant to Section 3.50 of the Local Government Act.
· Close the road permanently pursuant to Section 58 if the Land Administration Act.
The road was originally closed because it was considered to be a public safety risk due to its poor state of repair. No road works have been undertaken which would change that situation.
It is noted that the March 2003 Council resolution includes a requirement that a feasibility assessment be made with respect to the possibility of reinstating the Gorge Road, having regard to “duty of care issues relating to asbestos contamination…”
In practice this is not possible due to the fact that Council Policy EMP02 “Prohibited Areas – Wittenoom and Yampire Gorge limits Shire staff access to Yampire Gorge. For this reason it has not been possible to make an engineering assessment of the road, although the Executive Manager of Engineering Services has estimated that reconstruction to a satisfactory standard would cost several hundred thousand dollars.
It is to be hoped that the report “Management of Asbestos Contamination in Wittenoom, commissioned by the State Government, Wittenoom Steering Committee and prepared by, environmental consultants GHD, will soon be available for public viewing. At that time Council will have a basis for a review of its ‘Wittenoom’ policies.
In the interim it is recommended that Council initiate a further closure of Yampire Gorge Road for a further period of 18 months.
Consultation
Executive Manager Engineering Services
Statutory Environment
Local Government Act 1995 Section 3.50 “Closing Certain Thoroughfares to Vehicles”
Policy Implications
Council Policy EMP02- Prohibited Areas – Wittenoom and Yampire Gorge is relative to this issue.
Financial Implications
Nil
Strategic Implications
Yampire Gorge Road is identified as a strategic road in the Roads 2020 Regional Road Development Strategy.
Voting Requirement
Simple Majority Required
Officers Recommendation
That Council
(a) Resolve to consider the closure of Yampire Gorge Road, from three (3) kilometres north of the Banjima Road intersection to ten (10) kilometres south of the Nanutarra-Munjina Road for a period of 18 months in accordance with provisions of Section 3.50 of the Local Government Act
(b) Direct the Chief Executive Officer to advertise the proposed road closure, in accordance with the requirements of Section 3.50 (4) of the Local Government Act.
Author: Keith Pearson / Signature:Manager : Keith Pearson / Signature:
10.02.02 PANEL TENDER – PLANT HIRE AND EQUIPMENT
FILE REFERENCE: / PA.FT.627AUTHOR’S NAME AND
POSITION: / Jeff Breen
Executive Manager Engineering Services
NAME OF APPLICANT/
RESPONDENT: / Not Applicable
DATE REPORT WRITTEN: / 31 January 2007
DISCLOSURE OF FINANCIAL INTEREST: / The author has no financial interest in this matter.
PREVIOUS MEETING
REFERENCE: / Agenda Item 10.10.021 Ordinary Meeting of Council, 24 October 2006.
Summary
Tenders for the hire of plant and equipment were called on 25 November 2006 closing on Tuesday 2nd January 2007.
Twenty four requests from individual companies were received for tender documents but only eight companies actually tendered in total. Tenders have been assessed for conformity with the tender, price and plant range.
Background
At the meeting of Council in October 2006, Council agreed to call tenders for the hire of plant and equipment subject to legal advice on the conformity of panel tenders with the Local Government Act.
The legal opinion received from Peter Kyle, Solicitors was that panel tenders are not compliant with Part 4, Local Government Act (Functions and General) Regulations 1996. Regulation 20 refers to the Local Government selecting a “successful tenderer”, which is in the singular not plural. For this reason it is not possible to accept more than one successful tender for an individual tender.
APPENDIX 10.02.02
The appointment of a single tenderer to supply all Council’s plant requirements would be unworkable and therefore tenders were called in a number of categories as listed below.
Each category will be let as a separate contract thereby affording the flexibility and service required to deliver Council’s work programs. This solution is somewhat inelegant but following discussions with Council’s legal advisor on this matter it was the only option that satisfies both the Council and Local Government Act requirements.