minutes - shire of wyndham–east kimberley
TRANSCRIPT
MINUTES
ORDINARY COUNCIL
MEETING
S H I R E O F W Y N D H A M E A S T K I M B E R L E Y
I hereby certify that the Minutes of the Ordinary Council Meeting held are a true and accurate record of the proceedings contained therein. _________________________ Shire President _________________________ Date
30 O
cto
ber
20
18
Minutes Ordinary Council Meeting 30 October 2018 2 of 79
DISCLAIMER
Members of the Public are advised that recommendations to Council contained within this
Agenda and decisions arising from the Council meeting can be subject to alteration.
Applicants and other interested parties should refrain from taking any action until such time
as written advice is received confirming Council’s decision with respect to any particular
issue.
Signed on behalf of Council
CARL ASKEW
CHIEF EXECUTIVE OFFICER
NOTES
1. Councillors wishing to make alternate motions to officer
recommendations are requested to provide notice of such motions
electronically to the minute taker prior to the Council Meeting.
2. Councillors needing clarification on reports to Council are requested
to seek this from relevant Officers prior to the Council meetings.
Minutes Ordinary Council Meeting 30 October 2018 3 of 79
C O N T E N T S
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS .............................. 4
2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY
APPROVED) .................................................................................................................. 4
3. DECLARATION OF INTEREST ..................................................................................... 5
4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ..................... 6
5. PUBLIC QUESTION TIME ............................................................................................. 6
6. APPLICATIONS FOR LEAVE OF ABSENCE .............................................................. 10
7. PETITIONS ................................................................................................................... 10
8. CONFIRMATION OF MINUTES ................................................................................... 10
9. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION .......... 10
10. MATTERS FOR WHICH THE MEETING MAY BE CLOSED........................................ 11
11. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS ................................................ 11
12. REPORTS .................................................................................................................... 12
12.1. MATTERS ARISING FROM COMMITTEES OF COUNCIL ................................... 12
12.2. CHIEF EXECUTIVE OFFICER ............................................................................... 12
12.2.1. Standing Item - Outstanding Actions from Previous Council Resolutions 12
12.2.2. 2019 Ordinary Council Meeting Dates .......................................................... 15
12.2.3. Additional flight options ............................................................................... 22
12.3. COMMUNITY DEVELOPMENT ............................................................................. 31
12.3.1. Development Approval Application - Lot 707 Drovers Road, Kununurra -
Caretaker's Dwelling ..................................................................................... 31
12.3.2. Kununurra Aquatic and Leisure Facility Draft Masterplan ......................... 41
12.3.3. Annual Report 2017-18 .................................................................................. 47
12.4. CORPORATE SERVICES ..................................................................................... 54
12.4.1. Interim Monthly Financial Report September 2018 ..................................... 54
12.4.2. List Of Accounts Paid From Municipal Fund and Trust Fund .................... 57
12.4.3. Changing Method of Valuation of Land ....................................................... 60
12.4.4. Budget Adjustments 2018/19 ........................................................................ 66
12.5. INFRASTRUCTURE .............................................................................................. 74
13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ................................. 74
14. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN ............... 74
15. URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY DECISION
..................................................................................................................................... 74
16. MATTERS BEHIND CLOSED DOORS ........................................................................ 74
16.1. ACTING CHIEF EXECUTIVE OFFICER - JANUARY/FEBRUARY 2019 ............... 75
16.2. 2018/19 PLANT MANAGEMENT PROGRAM - ROAD GRADER ......................... 77
17. CLOSURE .................................................................................................................... 79
Minutes Ordinary Council Meeting 30 October 2018 4 of 79
SHIRE OF WYNDHAM EAST KIMBERLEY
ORDINARY COUNCIL MEETING AGENDA
KUNUNURRA COUNCIL CHAMBERS TO BE HELD ON 30 OCTOBER 2018 AT 5:00PM
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS Members of the Public are advised that recommendations to Council contained within this
Agenda and decisions arising from the Council meeting can be subject to alteration.
Applicants and other interested parties should refrain from taking any action until such time
as written advice is received confirming Council’s decision with respect to any particular
issue.
An audio and/or video record will be made of these proceedings to assist in the taking of
minutes.
The Shire President Declared the Meeting open at 5.00pm
2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY APPROVED)
ATTENDENCE Cr D Menzel Shire President Cr T Chafer Deputy Shire President Cr N Brook Councillor Cr M Dear Councillor Cr J Farquhar Councillor Cr G Lodge Councillor Cr D Pearce Councillor Cr A Petherick Councillor C Askew Chief Executive Officer N Kearns Director Planning and Community Development V Lawrence Director Corporate Services F Hamilton Minute Taker
A Wright Resident K Wright Resident D Spackman Resident M Northover Resident S Rushby Resident A Cottle Kununurra Crocs Swim Club J Withey Kununurra Crocs Swim Club M Cottle Kununurra Crocs Swim Club S Cottle Kununurra Crocs Swim Club I Radford Kununurra Crocs Swim Club T Withey Kununurra Crocs Swim Club E Withey Kununurra Crocs Swim Club
Minutes Ordinary Council Meeting 30 October 2018 5 of 79
K Withey Kununurra Crocs Swim Club W Cottle Kununurra Crocs Swim Club P Cottle Kununurra Crocs Swim Club G Taylor Kununurra Crocs Swim Club J Simons Kununurra Crocs Swim Club F Ramsay Kununurra Crocs Swim Club M Fitzpatrick Kununurra Crocs Swim Club D Hindmarsh Kununurra Crocs Swim Club B Corey Kununurra Crocs Swim Club C Ramsay Kununurra Crocs Swim Club P McAuliffe Kununurra Crocs Swim Club J Ellis Kununurra Crocs Swim Club S Bohn Kununurra Crocs Swim Club M Bohn Kununurra Crocs Swim Club J Bohn Kununurra Crocs Swim Club S Pufke Kununurra Crocs Swim Club U Pufke Kununurra Crocs Swim Club R Exell Kununurra Crocs Swim Club C Beer Kununurra Crocs Swim Club B Nadge ABC Reporter APOLOGIES
Cr M McKittrick Councillor S Dyson Director Infrastructure
3. DECLARATION OF INTEREST
● Financial Interest
Councillor Item Title Description of
interest Cr N Brook 12.2.3 Additional Flight Options I am the administrator
of the East Kimberley Marketing Group
● Impartiality Interest
Councillor/Staff Item Title Description of
interest Carl Askew 12.2.3 Additional Flight Options I represent the Shire at
the East Kimberley Marketing Group
Cr T Chafer 12.2.3 Additional Flight Options Member of the East Kimberley Marketing Group
● Proximity Interest
Nil
Minutes Ordinary Council Meeting 30 October 2018 6 of 79
4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE
Nil
5. PUBLIC QUESTION TIME Question from Keith Wright, Resident, Kununurra 1. In relation to Item 12.3.2 to be deliberated later this evening I would ask the following: Dependent on the eventual resolution regarding this matter I would ask that Council give meaningful thought to approaching the designers of this exciting project (Donovan Payne Architects ) seeking that they in some way save, and incorporate in the new structure, the stone façade of what we now know as “the old Shire offices”? Backgrounding a little, this building built in about 1967 was the focal point of the town as the Kununurra Civic Centre. It was in this building that all the balls, all the dances and in fact all the official functions held in Kununurra, this was the venue. This building was Heritage listed in 1997. Sadly in a town that is only just over 58 years old since gazettal on February 11 1961 we have destroyed some parts of our earlier beginnings. Already in our short life we have seen the original Ord Co-op building demolished. The original Post Office has gone and the Tavern now stands where the original 4-Square Store (the supermarket) and later the first Pharmacy in the East Kimberley once stood. It would be a pity if this original part of our history is not saved and used in a functional way for all who come after us to enjoy a relic of our heritage. I am sure that the original concept designers of the building, Cr Bill Withers (now in Perth) and Cr John Cole (dec) would be overjoyed if this small part of our history could be saved. Thank you Response by Shire President: Thank you for your suggestion, which I consider is a positive one that Council could support. The building is included in the Shire’s Municipal Heritage Inventory and I am sure that it would be possible to look at incorporating the original stone façade into the new structure or to integrate it with the eventual redevelopment of the former Shire administration site as it is reflective of the town’s heritage. If the redevelopment of the leisure centre proceeds as currently envisaged, there would also be a larger footprint for redevelopment which would allow even greater flexibility to incorporate this feature into a new design. Questions from Kununurra Crocs Swim Club Ian Radford, Kununurra Crocs Swim Club, Kununurra 1) How will community feedback be used? Will decisions be made according
to majority rule, financial expediency (cheapest option) or the greater good?
Minutes Ordinary Council Meeting 30 October 2018 7 of 79
Response by Shire President: Redevelopment of our pool will be one of the most significant investments in
infrastructure that we will undertake. The concept master plan is very high level however the assessment undertaken to date indicates that the site can support a 50m lap pool, leisure pool and required amenities.
In light of the initial comments received from stakeholders, the Council proposes to
ask the community for feedback and all comments will be considered as part of the consultation process. Council will include in its decision making factors including a combination of strong support for the proposal, financial capacity to deliver and maintain and recognising the high social value of this investment. It will not be based on the cheapest option.
The final design will be fleshed out once the concept is agreed to and supported by
the community as well as to meet the needs of stakeholders, budget (capital and operational) and site constraints.
2) External consultation: Are the pool plans to state and national competition
standards? For instance are lanes a standard width for lap swimming and swim meets? Has Swim Western Australia been consulted about standard Olympic pool specifications and this incorporated into current plan?
Response by Shire President: The intention is for the pool to be built to competition standard and the plan will be
referred to Swim Western Australia for comment and advice. The space provided in the concept master plan, nevertheless, allows sufficient area to meet competition standards.
Colin Ramsay, Kununurra Crocs Swim Club, Kununurra 3) How do SWEK/Donavan and Payne propose to do a multi-staged
development while retaining the existing 25 m pool during initial construction of 50 m pool? Presumably the site will have to be levelled for the new development. How can this be done while retaining the pool in situ and without soil disturbance to surrounding areas including the current pool? Will the new 50 m pool then become operational and open to the public once constructed and prior to the other stages of the development being completed? Does SWEK have a plan in place in case the existing 25 m pool collapses prior to construction of 50 m pool?
Response by Shire President: Our first preference will be to keep the facility open while construction takes place in
stages. However, issues of Community safety, construction limitations and additional costs associated with this option will need considering. We recognise construction may potentially extend beyond one dry season.
Minutes Ordinary Council Meeting 30 October 2018 8 of 79
The general idea is that the lower part of the aquatic facilities, the 25m lap pool and plant room, will remain operational during construction, this will require the installation of temporary water treatment chemicals and power supply to the existing plant room. The upper shallow water pools will be decommissioned and demolished to make way for construction of the proposed new pools and plant room building, to the north west of the site. After completion, commissioning and handover, demolition of the existing 25m pool and plant room would occur, followed by civil works along the eastern edge of the site, allowing for construction of the splash pad and landscaping.
Above is a general description of the construction sequence. The tender documents
would describe separable portions for completion during the construction. The head contractor would be required to outline their methodology in their tender to achieving this requirement, this would form part of the building contract.
There is no plan in place to provide alternative lap swimming facilities if the current
25m pool fails. Hence the urgency of the Council to proceed to more detailed designs and to obtain funding for construction.
Sue Cottle, Kununurra Crocs Swim Club, Kununurra 4) Is SWEK going to be true to its strategic plan: For instance, are pool
opening times going to be extended to facilitate increased use of the improved facility to increase Health, Fitness and Wellbeing in the Community? How is this to be done with no increases in Leisure Centre staff numbers (as mentioned in draft report)?
Response by Shire President: The Council is conscious of the considerable cost associated with operating this
facility and is mindful not to add significantly to those costs through the employment of additional personnel. Nevertheless there may be opportunities for clubs and users to submit proposals to increase access and extend coverage within this facility but as I said we are at very early days in this process.
The Council is not in a position to review opening hours etc at this very preliminary
stage in the design process. Council would be interested in exploring all options or suggestions around operating costs, funding opportunities and efficiencies.
Ben Corey, Kununurra Crocs Swim Club, Kununurra 5) Will there be scope for a crèche facility, even if run externally, at the
Leisure Centre so that parents can do exercise sessions at pool while their children are safely looked after?
Response by Shire President: There is scope for a crèche to be run within the facility and may be examined once
the Shire moves to preparing more detailed designs and business cases.
Minutes Ordinary Council Meeting 30 October 2018 9 of 79
Maxine Fitzpatrick, Kununurra Crocs Swim Club, Kununurra 6) The swim club is supportive of this concept for expanding pool
infrastructure. How does SWEK plan to “sell” the pool concept/vision to the public? Will they allow the swim club to be part of this?
Response by Shire President: As indicated previously, we need to explore all options for funding both for capital
works and operational costs. Engagement with the community and stakeholders will be undertaken to maximise
input, refine design ideas and to build a high level of confidence in Council (of support) prior to initiating the preparation of more detailed plans.
The Council’s hope is that all users and stakeholders including the Kununurra Crocs
Swimming Club will be a participant in the engagement process and provide input and once the plan is agreed upon to provide support.
Fiona Ramsay, Kununurra Crocs Swim Club, Kununurra 7) Will there be an opportunity for the Swim Club to put forward amendments
to the current plan (for instance extension of the walking/kids lanes in the 25 m pool to 25 m in length?) once public feedback is received?
Response by Shire President: Yes. Input will be available at any time during this initial engagement period and the
Council would expect additional input from the community, users and stakeholders once the project shifts to the preparation of more detailed plans.
Sue Cottle, Kununurra Crocs Swim Club, Kununurra 8) How is the new pool complex with estimated cost of ca. $17 million going
to be funded if the public and SWEK approve the proposal? Who are the potential funding organisations? Can the Swim Club support or help in any way to make sure this proposal gets funded? Will SWEK be seeking support letters, etc.?
Response by Shire President: I am aware that the cost estimate includes $1.5m of contingencies and $6m of
district loading and I would hope that these are overly conservative estimates from the quantity surveyor and that real costs are much lower.
Funding will need to come from Federal and State government and from municipal
funds and could include community funding, noting that the State government has previously agreed to fund the splash pad/waterpark element.
Minutes Ordinary Council Meeting 30 October 2018 10 of 79
If the Council agrees to proceed to the preparation of more detailed plans, they will be looking for support from the Kununurra Swimming Club, other centre users and the community.
D Spackman, Resident, Kununurra Delineators are being placed on Packsaddle Road. Is this being done to any
standard and if so, what standard is the work being done to? The Shire President took the question on notice. 6. APPLICATIONS FOR LEAVE OF ABSENCE Nil 7. PETITIONS Nil 8. CONFIRMATION OF MINUTES OFFICER’S RECOMMENDATION
That Council confirms the Minutes of the Ordinary Council Meeting held on 25
September 2018
COUNCIL DECISION
Minute Number: 30/10/2018 - 115863
Moved: Cr N Brook
Seconded: Cr T Chafer
That Council confirms the Minutes of the Ordinary Council Meeting held on 25
September 2018
Decision:8/0
Note: The Minutes of the Ordinary Council Meeting held on 25 September 2018 are provided
under separate cover via www.swek.wa.gov.au
9. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION The Shire President, along with Cr Pearce and Cr Brook, attended the Kimberley Economic
Forum and Zone Meeting in Broome from 9-12 October On 26 October the Shire, MG, WAPOL, Chamber of Commerce and Industry and other local
businesses attended the Business After Hours event. A focus of the meeting was Youth Issues and respectful and honest discussions involved the current exercise, Orange Sky and the Integrated Youth Partnership Model.
Minutes Ordinary Council Meeting 30 October 2018 11 of 79
On 28 October the Shire President attended a dinner meeting with the Director General for Department of Justice, Dr Adam Tomison and two of his colleagues; Mr Mark Burgess and Mr Matthew Abrahamson. Discussions revolved around programs and ideas coming out of the Department of Justice and how we may work together.
On 29 and 30 October, Councillors and Staff participated in WALGA Governance training sessions and a workshop by the DLGC Staff on the Local Government Act review. Each session was highly informative.
10. MATTERS FOR WHICH THE MEETING MAY BE CLOSED 16.1. Acting Chief Executive Officer - January/February 2019
16.2. 2018/19 Plant Management Program - Road Grader
11. DEPUTATIONS / PRESENTATIONS / SUBMISSIONS Nil
Minutes Ordinary Council Meeting 30 October 2018 12 of 79
12. REPORTS Due to the large number of people in attendance from the Kununurra Crocs Swim Club, the
Shire President suggested to Council that item 12.3.2 be dealt with first.
12.1. MATTERS ARISING FROM COMMITTEES OF COUNCIL Nil 12.2. CHIEF EXECUTIVE OFFICER 12.2.1. Standing Item - Outstanding Actions from Previous Council
Resolutions
DATE: 30 October 2018
AUTHOR: Executive Assistant
RESPONSIBLE OFFICER: Carl Askew, Chief Executive Officer
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
That Council notes the report - Outstanding Actions from Previous Council
Resolutions.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115865
Moved: Cr T Chafer
Seconded: Cr M Dear
That Council notes the report - Outstanding Actions from Previous Council
Resolutions.
Decision:8/0
PURPOSE
To report to the Council on the progress of and provide comment on outstanding actions
from Council resolutions.
Minutes Ordinary Council Meeting 30 October 2018 13 of 79
NATURE OF COUNCIL’S ROLE IN THE MATTER
Leader - plan and provide direction through policy and practices
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
At each meeting of Council, resolutions are made which require actions to be taken by
officers to implement those resolutions. This monthly update advises the Council as to the
status of the implementation of resolutions.
STATUTORY IMPLICATIONS
Nil
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
Not applicable as referenced in individual reports presented to the Council.
STRATEGIC IMPLICATIONS
Focus Area 4: Civic Leadership
Strategy 4.2.2: Ensure community input informs planning and decision making
RISK IMPLICATIONS
Nil
COMMUNITY ENGAGEMENT
No community engagement is required.
COMMENTS
This report includes actions from the September 2018 Council resolutions (Attachment 1).
Attachment 2 summarises all other actions that are outstanding from previous Council
resolutions.
Minutes Ordinary Council Meeting 30 October 2018 14 of 79
ATTACHMENTS
Attachment 1 - Council Action Register - September 2018
Attachment 2 - Council Action Register - Outstanding Actions from Previous Council
Resolutions
Minutes Ordinary Council Meeting 30 October 2018 15 of 79
12.2.2. 2019 Ordinary Council Meeting Dates
DATE: 30 October 2018
AUTHOR: Executive Assistant
RESPONSIBLE OFFICER: Carl Askew, Chief Executive Officer
FILE NO: N/A
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
1. That Council adopt the proposed meeting dates/times and locations for 2019
Month Ordinary Council Meeting Location of OCM
January RECESS N/A
February 26 February Wyndham
March 26 March Kununurra
April 30 April Kununurra
May 28 May Wyndham
June 25 June Kununurra
July 23 July Kununurra
August 27 August Wyndham
September 24 September Kununurra
October* 20 October
Special Council Meeting*
Kununurra
Minutes Ordinary Council Meeting 30 October 2018 16 of 79
October 29 October Kununurra
November 19 November Wyndham
December 10 December Kununurra
All meetings will commence at 5.00pm.
*Note: Special Council Meeting to be held following Council Elections on Saturday 19
October 2019
2. That Council authorises the Chief Executive Officer to give public notice, by way of
advertising of the accepted Ordinary Council Meeting dates, times and place of meeting
COUNCIL DECISION
Minute Number: 30/10/2018 - 115866
Moved: Cr G Lodge
Seconded: Cr T Chafer
1. That Council adopt the proposed meeting dates/times and locations for 2019
Month Ordinary Council Meeting Location of OCM
January RECESS N/A
February 26 February Wyndham
March 26 March Kununurra
April 30 April Kununurra
May 28 May Wyndham
June 25 June Kununurra
July 23 July Kununurra
August 27 August Wyndham
Minutes Ordinary Council Meeting 30 October 2018 17 of 79
September 24 September Kununurra
October* 20 October
Special Council Meeting*
Kununurra
October 29 October Kununurra
November 19 November Wyndham
December 10 December Kununurra
All meetings will commence at 5.00pm.
*Note: Special Council Meeting to be held following Council Elections on Saturday 19
October 2019
2. That Council authorises the Chief Executive Officer to give public notice, by way of
advertising of the accepted Ordinary Council Meeting dates, times and place of
meeting
Decision:8/0
PURPOSE
For Council to consider the 2019 Ordinary Council Meeting dates, times and locations.
NATURE OF COUNCIL’S ROLE IN THE MATTER
Leader - plan and provide direction through policy and practices
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
At the November 2017 Ordinary Council Meeting, Council made the following resolution:
COUNCIL DECISION
Minute Number: 28/11/2017 – 117831
Moved Cr Chafer
Seconded Cr Lodge
That Council adopt the proposed meeting dates/times and locations for 2018:
Minutes Ordinary Council Meeting 30 October 2018 18 of 79
Month Ordinary Council Meeting Location of OCM
January RECESS N/A
February 27 February Wyndham
March 27 March Kununurra
April 24 April Kununurra
May 29 May Wyndham
June 26 June Kununurra
July 31 July Kununurra
August 28 August Wyndham
September 25 September Kununurra
October 30 October Kununurra
November 20 November Wyndham
December 11 December Kununurra
Note: All meetings will commence at 5.00pm.
Carried 8/1
The Audit (Finance & Risk) Committee meetings were determined and advised separately.
STATUTORY IMPLICATIONS
In accordance with the Local Government Act 1995:
5.3. Ordinary and special council meetings
(1) A Council is to hold Ordinary Meetings and may hold special meetings
(2) Ordinary meetings are to be held not more than three months apart.
5.5. Convening council meetings
(1) The CEO is to convene an ordinary meeting by giving each Council member
at least 72 hours notice of the date, time and place of the meeting and an
agenda for the meeting
Minutes Ordinary Council Meeting 30 October 2018 19 of 79
In accordance with the local government (Administration) Regulations 1996, Section 2:
12 Meetings, public notice of
(1) At least once each year a local government is to give local
public notice of the dates on which and the time and place at which
—
(a) the ordinary council meetings are to be held in the next 12 months.
POLICY IMPLICATIONS
Council Policy CP/CNC-3140 Council Briefing Sessions
FINANCIAL IMPLICATIONS
Minor expenditure will be incurred to ensure the appropriate statutory advertising occurs.
This is provided for in the 2018/19 and to be considered in the 2019/2020 Annual Budget.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 4 Civic Leadership
Goal: 4.3: Ensure a strong and progressive organisation delivering customer focused
services
Strategy 4.3.1: Be adaptive, responsive with a strong customer focus
RISK IMPLICATIONS
Nil.
COMMUNITY ENGAGEMENT
Engagement will take place in accordance with the Shire’s Community Engagement
Guidelines and will include:
Local public notice of the Ordinary Council Meeting dates, times and locations will be given
in accordance with the legislative requirements.
COMMENTS
The proposed schedule has taken into account the following events:
● Easter 19 April - 22 April 2019
● ANZAC Day Public Holiday - 25 April 2019
● Ord Valley Muster mid - May 2019
Minutes Ordinary Council Meeting 30 October 2018 20 of 79
● Local Government Week – usually first week of August (dates have not been
confirmed)
● WA Public Holidays
● Local Government Elections - 19 October 2019
● The Council Briefing Policy states briefings should be on the second Tuesday of
the month.
It is common practice in many Councils to take a recess in January due to the Christmas
period, when many businesses close down and individuals take holidays (including Shire
councillors and staff) and this is the case in the East Kimberley due to both the Christmas
period and the impact of the wet season. Until 2018 Council had continued to meet in
January, although a briefing session did not occur due to the limited time available to
prepare reports and unavailability of many staff early in the month. The recess in 2018 did
not significantly impact business and would not pose a risk if repeated again in 2019. Any
issues raised can be overcome through either a delegation or the convening of a Special
Council meeting for that purpose.
The October meeting is scheduled for 29 October to accommodate the Local Government
Elections scheduled for Saturday 19 October 2019. It is therefore appropriate to delay the
October Ordinary Council Meeting by one week in order to allow time for the possible
requirement of swearing in new Elected Members and to conduct their inductions.
Typically the December Council meeting occurs early in the month primarily because of the
reasons outlined above, combined with the fact that the fourth Tuesday tends to be very
close to Christmas (for 2019 it will be 24 December) and even the third Tuesday tends to be
late in the month, often after school holidays and when many businesses are considering
closure and individuals are planning holidays - with many leaving the region during this
period.
However when the December meeting is set too early in the month, and depending upon the
date of the November meeting, there is a very small gap between the two meetings, and the
consequential impact on the preparation of reports and agenda. For 2019 the November
meeting is proposed for 19 November and the December meeting three weeks later on 10
December. This will not allow the usual time to also prepare/present a briefing for the
December meeting as the agenda for the 10 December meeting will need to be finalised and
sent out on Friday 6 December at the latest.
The proposed meeting dates/times and locations for the 2019 Audit (Finance & Risk)
Committee will be considered by the Committee at their meeting on 5 November 2018 and
will take into consideration the adopted Ordinary Council Meeting dates, times and locations
for 2019. This will be reported to the December 2018 Council meeting.
Regular Briefing Sessions will continue and will generally occur two weeks prior to each
Ordinary Council meeting with the exception of Easter and December.
Minutes Ordinary Council Meeting 30 October 2018 21 of 79
ATTACHMENTS
Attachment 1 - CP/CNC-3140 Council Briefing Sessions
Attachment 2 - Draft Council Meeting Schedule Planner 2019
Minutes Ordinary Council Meeting 30 October 2018 22 of 79
12.2.3. Additional flight options
Cr N Brook declared a financial interest as the administrator of the East Kimberley Marketing
Group
Cr T Chafer declared an impartiality interest as a member of the East Kimberley Marketing
Group
Carl Askew, CEO declared an impartiality interest as he represents the Shire at the East
Kimberley Marketing Group
Cr N Brook departed Chambers at 5:51pm
DATE: 30 October 2018
AUTHOR: Carl Askew, Chief Executive Officer
RESPONSIBLE OFFICER: Carl Askew, Chief Executive Officer
FILE NO: TT.15.3
DISCLOSURE OF INTERESTS: The CEO declares an impartiality interest as he
represents the Shire at the East Kimberley Marketing
Group
VOTING REQUIREMENT
Absolute Majority
OFFICER’S RECOMMENDATION
That Council: 1. Authorise the CEO and Administration to further investigate the business
case and potential risk exposure for Council in financially supporting a trial of
an air service proposed by the East Kimberley Marketing Group between
Kununurra and Melbourne for forty (40) return services between May and
October 2019 and report back to Council by December 2019;
2. Request the CEO to continue negotiations with the East Kimberley Marketing
Group and their partners to develop an Agreement to deliver the proposal as
outlined in point 1 above;
3. Request the CEO to further negotiate with the East Kimberley Marketing
Group and the Airlines regarding the type of aircraft, flight schedules and the
implications for connections with Melbourne Airport and services required of
EKRA, confirmation of the opportunity for booking arrangements and
seamless ticketing or connectivity to secondary destinations, confirmation of
details related to fare structures and ticketing costs, key performance
Minutes Ordinary Council Meeting 30 October 2018 23 of 79
indicators and risk mitigation options;
4. Confirm its support and contribution to the trial upon the development and
execution of a professional marketing campaign properly funded and
resourced by the State Government through Tourism WA and Australia’s
North West (ANW) and the East Kimberley Marketing Group to promote the
commencement and for the duration of the trial service; and
5. Authorise, in accordance with section 6.11 (2) of the Local Government Act
1995, the advertising of a change to the Airport Reserve purpose to “The
Reserve is to provide support for the Shire’s Airport operations and facilities
and to promote an expansion of airport operations and increased passenger
numbers through the airport. These include normal operations, asset
management, expansion of facilities and operations and projects that support
the strategic objectives for the Airport”. This change is in order to facilitate a
potential use of the reserve to assist in the underwriting of the proposal
outlined in point 1 above, if endorsed by Council.
Cr D Pearce put forward an alternative motion. This was distributed to all Councillors prior to
the meeting. The Shire President called for a mover and a seconder for the Alternative
Motion.
Cr G Lodge foreshadowed the Officer’s Recommendation should the Alternative Motion not
be successful.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115867
Moved: Cr D Pearce
Seconded: Cr T Chafer
That Council: 1. Authorises the CEO and administration to further investigate the business case and potential risk exposure and benefits to the Community, SWEK and the EKRA in financially supporting a trial of a direct air service between Kununurra and Melbourne, including:
a) A benefit-cost analysis and risk assessment of the flights proposal from EKMG, addressing the full range of impacts on the business operations of the East Kimberley Regional Airport.
b) Sensitivity analyses of the proposed Melbourne flights, modelling varying
proportions of passenger flight substitution over existing routes, and the extent to which this will impact on airport passenger numbers (using historical EKRA passenger numbers as a guide).
Minutes Ordinary Council Meeting 30 October 2018 24 of 79
c) An assessment of broader impacts on the community arising from the proposal, not limited to tourism. This is to include positive impacts as well as risks.
d) Provision of a timeline identifying those critical milestones that need to be
achieved to best ensure the success of the project. 2. Requests the CEO to report back to Council on progress towards investigating these matters at the next Council Briefing.
3. Authorise, in accordance with section 6.11 (2) of the Local Government Act 1995, the
advertising of a change to the Airport Reserve purpose to “The Reserve is to provide
support for the Shire’s Airport operations and facilities and to promote an expansion of
airport operations and increased passenger numbers through the airport. These
include normal operations, asset management, expansion of facilities and operations
and projects that support the strategic objectives for the Airport”.
Decision:6/1
Against: Cr A Petherick
Cr N Brook returned to Chambers at 6.13pm
V Lawrence departed chambers at 6.13pm
V Lawrence returned to Chambers at 6.15pm
Shire President informed Cr N Brook of the resolution.
PURPOSE
For Council to consider supporting a proposed trial of a new (additional) air service between
Melbourne and Kununurra from the East Kimberley Marketing Group with the proposal to
trial two flights per week for 20 weeks (40 flights) from May 2019 using an 80 seat F100
aircraft to increase the tourism and business potential between Kununurra and Melbourne.
NATURE OF COUNCIL’S ROLE IN THE MATTER
Advocator - advocate and support initiatives on behalf of the community and the Kimberley
Facilitator - bring stakeholders together
Funder - provide funds or other resources
Provider - provide physical infrastructure and essential services
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
The East Kimberley Marketing Group (EKMG) has been working toward the introduction of
additional flights in to Kununurra from Melbourne since prior to 2015. Significant work
including research and marketing studies have been commissioned and completed by the
EKMG as well as ongoing negotiations with a number of airline providers. The Council has
previously and continues to appoint an Elected Member representative to the Group and
the EKMG has previously received $49,500 support from the Shire for various related
studies as outlined in their initial proposal to Council in November 2016 and subsequent
proposal in 2017.
Minutes Ordinary Council Meeting 30 October 2018 25 of 79
When the matter was considered by Council at its Ordinary Meeting of on 22 November
2016 Council resolved as follows;
COUNCIL DECISION
Minute No: 22/11/16-11549
Commissioner resolved:
That Council:
1. Provide in principle support for a trial of an air service proposed by
East Kimberley Marketing Group between Kununurra and Melbourne for
forty (40) return services between May and October 2017 and authorise
the CEO to enter into negotiations with the East Kimberley Marketing
Group and their partners on the basis of the following:
a. Consideration of a supporting financial package comprising:
i. Waiver of Passenger Service Fees for screening
and terminal usage.
ii. Operational subsidy to maximum of $200,000
(acknowledging an additional contribution from the local
community of at least $100,000).
iii. Marketing campaign funded and professionally
resourced to promote the commencement and for the
duration of the trial service.
b. Advise the East Kimberley Marketing Group that Landing
Fees should be met for flights as they comprise a
contribution towards the asset management and
maintenance of the runway and other airside
infrastructure.
c. Further negotiate with East Kimberley Marketing Group
regarding pricing structure, landing fees, marketing, key
performance indicators, underwriting and “claw back”
mechanism and Council’s assistance with the proposed
trial.
2. Refer the cost of the trial for consideration in both the Mid-
Year Budget Review 2016-17 and Annual Budget 2017-18.
Carried 1/0
At the 28 November 2017 Ordinary Council Meeting, the item was once again considered
and Council resolved;
COUNCIL DECISION
Minute Number: 28/11/2017-117835
Minutes Ordinary Council Meeting 30 October 2018 26 of 79
Moved: Cr Chafer
Seconded: Cr Pearce
That Council reaffirm its decision of 22 November 2016 and specifically:
1. Provide support for a trial of an air service proposed by the East
Kimberley Marketing Group between Kununurra and Melbourne for
forty (40) return services between May and October 2018 and authorise
the CEO to enter into negotiations with the East Kimberley Marketing
Group and their partners on the following basis:
a. Consideration of a supporting financial package
comprising:
i. Waiver of Passenger Service Fees for screening,
Terminal Passenger Handling Fees and Landing Fees to
a maximum value of $153,000. conditional upon the
flights arriving and departing between 10:00 am and 4:00
pm (WA time) when the airport staff are onsite and
available.
ii. Operational subsidy to maximum of $200,000
(acknowledging an additional contribution from the
State Government and/or local community of at
least $200,000).
b. Further negotiate with the East Kimberley Marketing Group
and the Airline regarding the type of aircraft, flight schedules
and the implications for connections with Melbourne Airport
and services required of EKRA, confirmation of the opportunity
for, booking arrangements and seamless ticketing or
connectivity to secondary destinations, confirmation of details
related to fare structures and ticketing costs, key performance
indicators.
2. Condition its support and contribution to the trial upon the
development and execution of a professional marketing campaign
properly funded and resourced by the State Government to promote
the commencement and for the duration of the trial service;
3. Refers the cost of the trial for consideration in both the Mid-Year
Budget Review 2017-18 and Annual Budget 2018-19; and
4. Refers the replacement of Landing Fees to the Airport Reserve
from Municipal funds for consideration in both the Mid-Year Budget
Review 2017-18 and Annual Budget 2018-19.
Carried 8/0
Minutes Ordinary Council Meeting 30 October 2018 27 of 79
STATUTORY IMPLICATIONS
Council is subject to a number of provisions under the Local Government Act in relation
to the allocation of funds.
6.11. Reserve accounts
(1) Subject to subsection (5), where a local government wishes to set
aside money for use for a purpose in a future financial year, it is to establish and
maintain a reserve account for each such purpose.
(2) Subject to subsection (3), before a local government —
(a) changes* the purpose of a reserve account; or
(b) uses* the money in a reserve account for another purpose,
it must give one month’s local public notice of the proposed change of
purpose or proposed use.
* Absolute majority required.
(3) A local government is not required to give local public notice under
subsection (2) —
(a) where the change of purpose or of proposed use of money has
been disclosed in the annual budget of the local government for that financial year; or
(b) in such other circumstances as are prescribed.
(4) A change of purpose of, or use of money in, a reserve account is to be
disclosed in the annual financial report for the year in which the change occurs.
(5) Regulations may prescribe the circumstances and the manner in
which a local government may set aside money for use for a purpose in a future
financial year without the requirement to establish and maintain a reserve account.
Council also needs to be mindful of issues related to the National Competition Policy
and associated Competition Principles Agreement - an intergovernmental agreement
between the Commonwealth and State/Territory governments that sets out how
governments will apply National Competition Policy principles to public sector
organisations within their jurisdiction.
The State Government released a policy statement effective from July 1996 called the Clause
7 Statement, which forms part of the Competition Principles Agreement. The provisions of
Clause 7 requires local government to report annually on their implementation, application
and effects of Competition Policy as well as the structural reform of public monopolies and
the implementation of Legislative review. Competition Policy does not require contracting out
or competitive tendering. It does not preclude local government from continuing to subsidize
its business activities from general revenue, nor does it require privatisation of Government
functions. Competitive neutrality principles apply to those significant business activities
conducted by (or under the control of) one or more local government.
POLICY IMPLICATIONS
There are no specific policy implications that impact on the consideration of this
report however there is a need to meet good governance principles in assessing the
request.
Minutes Ordinary Council Meeting 30 October 2018 28 of 79
FINANCIAL IMPLICATIONS
The East Kimberley Marketing Group have taken the lead on negotiations to date with
both the airlines and the State Government in relation to the proposed service and the
financial support for the proposal. Support from the State Government has been limited
to date and the airlines have been reluctant to bear the full risk of a new route trial. To
date the Shire has been supportive of the proposal (see above prior resolutions and
financial commitments) including a combination of foregone revenue and direct
contributions. Components such as marketing/promotion and contributions from
commercial operators, other levels of Government and individual community members
have also been identified.
The current proposal is considered to be commercially sensitive at this time and prior to
negotiations being finalised, and as such the general financial commitment and exposure to
the proposal is still under consideration by the Administration and has been advised to
Council under confidential cover.
The current purpose of the Airport Reserve is to “provide support for the Shire’s Airport
operations and facilities and to promote an expansion of airport operations. . These include
normal operations, asset management, expansion of facilities and operations”. The
proposed change expands that purpose as follows “to provide support for the Shire’s
Airport operations and facilities and to promote an expansion of airport operations and
increased passenger numbers through the airport. These include normal operations, asset
management, expansion of facilities and operations and projects that support the strategic
objectives for the Airport”.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 3: Economic Prosperity
Focus Area 4: Civic Leadership
Goal 3.1: To deliver the critical infrastructure that will create the conditions for
economic growth across the Shire
Goal 4.4: Sustainably maintain the Shire’s financial viability
Goal: 4.3: Ensure a strong and progressive organisation delivering customer focused
services
Strategy 3.1.1: Improve the Shire’s transport infrastructure, including Wyndham
Port and East Kimberley Regional Airport through lobbying, project support and
funding opportunities
Strategy 3.1.2: Improve access and transport links to the East Kimberley (air,
road and sea)
Strategy 4.4.3: Adequately plan for and fund asset maintenance and renewal to
deliver planned services
Minutes Ordinary Council Meeting 30 October 2018 29 of 79
Strategy 4.4.4: Apply best practice financial management to ensure long term
sustainability
RISK IMPLICATIONS
The wider risk implications are as follows:
Risk: Inability to deliver levels of service expected by the community.
Control: Develop agreed standards of service and communicate with the community
Risk: Failure to comply with legislative requirements leading to damage of reputation
and/or financial loss.
Control: Increased accountability to the Audit (Finance and Risk) Committee
COMMUNITY ENGAGEMENT
No community engagement has been undertaken to date by the Shire other than via
communication with EKMG and associated meetings. EKMG have been active in promoting
the trial and have made a number of presentations to Council including the most recent
Briefing session on 16 October 2018. They have also raised funds from the general
community and tourism industry operators as well as having a number of articles and reports
in the local papers. As such there has been community awareness of the proposal with
general positive support.
Under section 6.11 of the Local Government Act any change to the purpose of a reserve
account will require one month’s local public notice.
COMMENTS
As has been outlined by the EKMG to Council previously and most recently at the Council
Briefing this proposal has been discussed and considered for a number of years. Most
recently the Group were confident that during 2018 the trial would take place with the
support of Alliance Airlines and were at the point of signing an Agreement with all pre-
conditions met and a draft agreement prepared however at the last minute Alliance indicated
that there were previously unidentified challenges with their partners and securing sufficient
crews and aircraft for the trial and as a consequence the trial did not take place. (refer to
EKMG Media Release attached).
Negotiations have continued since then with various partners in relation to securing the trial
for the 2019 season including high level discussions with the State Government in relation to
financial support for the trial. That support remains unsecured at this time however Council
has an opportunity to show leadership for this project by negotiating an agreement that may
allow the trial to proceed but which can also protect the Shire from potential financial risk.
This work is ongoing and will take significant time by the Administration and so this initial
report seeks Council’s support and authority to further investigate and report back on the
matters identified in the above resolution. If supported by Council a further briefing will be
Minutes Ordinary Council Meeting 30 October 2018 30 of 79
provided to Elected Members in November 2019 and a formal report will be provided to
Council in December 2019.
Timing is critical for this proposal and significant work will need to be undertaken quickly if
the proposal is to be given every chance of success with advertising needed in the
Melbourne market early in the new calendar year and tickets available on the GDS also by
the end of January 2019. This would also mean a signed Agreement with the EKMG and
partner airlines will need to be finalised and signed by the end of December 2018.
The current proposal is considered to be commercially sensitive at this time and prior to
negotiations being progressed and/or finalised, and as such the general detail, financial
commitment and risk exposure to the proposal, including a detailed draft Agreement, is still
under consideration by the Administration and will be advised to Council under separate
confidential cover, if Council supports further investigation by the Administration.
ATTACHMENTS
Attachment 1 – Media Release – Plight for Direct Flights Continues
Minutes Ordinary Council Meeting 30 October 2018 31 of 79
12.3. COMMUNITY DEVELOPMENT 12.3.1. Development Approval Application - Lot 707 Drovers Road, Kununurra -
Caretaker's Dwelling
DATE: 30 October 2018
AUTHOR: Planning Officer
RESPONSIBLE OFFICER: Nick Kearns, Director Planning and Community
Development
ASSESSMENT NO: A2859P
FILE NO: A2859P
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
That Council:
1. Authorises the Chief Executive Officer to sign the application form for
development and building approvals to develop a caretaker’s dwelling within the
Kununurra Campdraft and Rodeo Association (KCRA) lease area at R30290 Lot
707 Drovers Road, Kununurra.
2. Grants development approval consent to use and develop the land for a
caretaker’s dwelling within the Kununurra Campdraft and Rodeo Association
(KCRA) lease area at R30290 Lot 707 Drovers Road, Kununurra, subject to the
following conditions:
a. The use and development shall be in accordance with the attached
approved plan(s) and subject to any modifications required as a
consequence of any conditions of this approval. The endorsed plans shall
not be modified or altered without the prior written approval of the local
government.
b. No development shall occur that will cause additional runoff of stormwater
to adjacent properties. Stormwater runoff from roof and any sealed areas
shall be directed onsite to garden areas, sumps or rainwater tanks, or
directed into the local government’s stormwater system in accordance with
the local governments specifications. Stormwater will not be permitted to
pond on the site or against any building or structure.
c. The caretaker’s dwelling shall only be used to accommodate a caretaker
employed to caretake the Kununurra Campdraft and Rodeo Association
Minutes Ordinary Council Meeting 30 October 2018 32 of 79
(KCRA) lease area, and shall not be rented to any other person on a semi-
permanent or permanent basis. Any change of use shall require consent
from the local government.
d. An Asset Protection Zone (APZ) shall be maintained to a minimum 27 metre
radius around the caretaker’s dwelling at all times. Within the APZ
combustible objects shall not be located close to vulnerable parts of the
building (ie. windows and doors), grasses shall be managed to a maximum
height of 100 mm and other vegetation shall be managed to reduce the
bushfire hazard to an acceptable level at all times.
e. A minimum 10,000 litres of water shall be available for firefighting purposes
at all times. All water tanks accessible for firefighting purposes shall be
fitted with suitable connection fittings and be maintained in correct
operating condition at all times.
f. All external water pipes shall be laid underground to a minimum depth of
300 mm to withstand the effects of a bushfire.
g. The development shall be provided with:
i. Access via an all-weather road with dimensions adequate to
accommodate emergency vehicles;
ii. Connection to a wastewater treatment system in accordance with
the Health (Treatment of Sewerage and Disposal of Effluent and
Liquid Waste) Regulations 1974 and subject to the approval of the
local government.
iii. Connection to a reticulated potable water supply or an alternative
potable water supply with adequate storage for domestic use as
well as for fire-fighting purposes;
iv. Connection to a reticulated electricity supply or an alternative
energy source.
ADVICE NOTES TO APPLICANT
1. If the applicant and/or owner are aggrieved by this decision, as a result of
a condition of approval or by a determination of refusal, you may have a
right of review through the State Administrative Tribunal in accordance
with Clause 76 of the Planning and Development (Local Planning Schemes)
Regulations Act 2015 (WA).
2. An owner of land may, in respect of which development approval has been
granted by the local government, make an application to the local
government requesting the local government to amend or cancel an
approval in accordance with Clause 77 of the Planning and Development
(Local Planning Schemes) Regulations Act 2015 (WA).
3. This approval is valid for a period of two (2) years. A new application will
be required to be submitted if development has not been substantially
commenced within this time.
Minutes Ordinary Council Meeting 30 October 2018 33 of 79
4. This approval is not a Building Permit or an approval under any other law
than the Planning and Development Act 2005. It is the responsibility of the
applicant/owner to obtain any other necessary approvals, consents and/or
licenses required under any other law, and to commence and carry out
development in accordance with all relevant laws).
5. It is the responsibility of the applicant to ensure the building setbacks,
including waste disposal facilities if appropriate, correspond with the legal
description of the land. The local government will not accept responsibility
for incorrectly located buildings.
6. It is the responsibility of the applicant to search the title of the property to
ascertain the presence of any easements that in any case must not be built
upon.
7. This lot is designated as bushfire prone within the Department of Fire and
Emergency Services’ Map of Bushfire Prone Areas. A Bushfire Attack Level
Assessment carried out by the Shire of Wyndham East Kimberley (Dated:
15 October 2018) identifies the site as being BAL-12.5 with a requirement
to maintain grasslands at a maximum height to 100mm for a minimum 27
metres around the caretaker’s dwelling. All construction must be in
accordance with the Australian Standard - Construction of buildings in
bushfire prone areas (AS 3959-2009).
8. In regards to Condition g: all water storage tanks to be used for firefighting
purposes shall include the installation of an outlet with gate valve and male
coupling located at the base of the tank to the local Fire Brigade
specifications and be clearly marked “Fire Brigade Connection Point”.
Water tanks should be designed and maintained to prevent the harbourage
and breeding of mosquitoes.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115868
Moved: Cr G Lodge
Seconded: Cr J Farquhar
That Council:
1. Authorises the Chief Executive Officer to sign the application form for
development and building approvals to develop a caretaker’s dwelling
within the Kununurra Campdraft and Rodeo Association (KCRA) lease
area at R30290 Lot 707 Drovers Road, Kununurra.
2. Grants development approval consent to use and develop the land for a
caretaker’s dwelling within the Kununurra Campdraft and Rodeo
Association (KCRA) lease area at R30290 Lot 707 Drovers Road,
Minutes Ordinary Council Meeting 30 October 2018 34 of 79
Kununurra, subject to the following conditions:
a. The use and development shall be in accordance with the attached
approved plan(s) and subject to any modifications required as a
consequence of any conditions of this approval. The endorsed
plans shall not be modified or altered without the prior written
approval of the local government.
b. No development shall occur that will cause additional runoff of
stormwater to adjacent properties. Stormwater runoff from roof
and any sealed areas shall be directed onsite to garden areas,
sumps or rainwater tanks, or directed into the local government’s
stormwater system in accordance with the local governments
specifications. Stormwater will not be permitted to pond on the
site or against any building or structure.
c. The caretaker’s dwelling shall only be used to accommodate a
caretaker employed to caretake the Kununurra Campdraft and
Rodeo Association (KCRA) lease area, and shall not be rented to
any other person on a semi-permanent or permanent basis. Any
change of use shall require consent from the local government.
d. An Asset Protection Zone (APZ) shall be maintained to a minimum
27 metre radius around the caretaker’s dwelling at all times. Within
the APZ combustible objects shall not be located close to
vulnerable parts of the building (ie. windows and doors), grasses
shall be managed to a maximum height of 100 mm and other
vegetation shall be managed to reduce the bushfire hazard to an
acceptable level at all times.
e. A minimum 10,000 litres of water shall be available for firefighting
purposes at all times. All water tanks accessible for firefighting
purposes shall be fitted with suitable connection fittings and be
maintained in correct operating condition at all times.
f. All external water pipes shall be laid underground to a minimum
depth of 300 mm to withstand the effects of a bushfire.
g. The development shall be provided with:
i. Access via an all-weather road with dimensions adequate to
accommodate emergency vehicles;
ii. Connection to a wastewater treatment system in accordance
with the Health (Treatment of Sewerage and Disposal of
Effluent and Liquid Waste) Regulations 1974 and subject to
the approval of the local government.
iii. Connection to a reticulated potable water supply or an
alternative potable water supply with adequate storage for
domestic use as well as for fire-fighting purposes;
iv. Connection to a reticulated electricity supply or an alternative
energy source.
Minutes Ordinary Council Meeting 30 October 2018 35 of 79
ADVICE NOTES TO APPLICANT
1. If the applicant and/or owner are aggrieved by this decision, as a result of
a condition of approval or by a determination of refusal, you may have a
right of review through the State Administrative Tribunal in accordance
with Clause 76 of the Planning and Development (Local Planning
Schemes) Regulations Act 2015 (WA).
2. An owner of land may, in respect of which development approval has
been granted by the local government, make an application to the local
government requesting the local government to amend or cancel an
approval in accordance with Clause 77 of the Planning and Development
(Local Planning Schemes) Regulations Act 2015 (WA).
3. This approval is valid for a period of two (2) years. A new application will
be required to be submitted if development has not been substantially
commenced within this time.
4. This approval is not a Building Permit or an approval under any other law
than the Planning and Development Act 2005. It is the responsibility of
the applicant/owner to obtain any other necessary approvals, consents
and/or licenses required under any other law, and to commence and
carry out development in accordance with all relevant laws).
5. It is the responsibility of the applicant to ensure the building setbacks,
including waste disposal facilities if appropriate, correspond with the
legal description of the land. The local government will not accept
responsibility for incorrectly located buildings.
6. It is the responsibility of the applicant to search the title of the property
to ascertain the presence of any easements that in any case must not be
built upon.
7. This lot is designated as bushfire prone within the Department of Fire
and Emergency Services’ Map of Bushfire Prone Areas. A Bushfire
Attack Level Assessment carried out by the Shire of Wyndham East
Kimberley (Dated: 15 October 2018) identifies the site as being BAL-12.5
with a requirement to maintain grasslands at a maximum height to
100mm for a minimum 27 metres around the caretaker’s dwelling. All
construction must be in accordance with the Australian Standard -
Construction of buildings in bushfire prone areas (AS 3959-2009).
8. In regards to Condition g: all water storage tanks to be used for
firefighting purposes shall include the installation of an outlet with gate
valve and male coupling located at the base of the tank to the local Fire
Brigade specifications and be clearly marked “Fire Brigade Connection
Point”. Water tanks should be designed and maintained to prevent the
harbourage and breeding of mosquitoes.
Decision:8/0
Minutes Ordinary Council Meeting 30 October 2018 36 of 79
PURPOSE
For Council to consider an application for development approval for a caretaker’s dwelling
for the Kununurra Rodeo and Campdraft Association (KCRA) in the KCRA lease area at
R30290 Lot 707 Drovers Road, Kununurra.
NATURE OF COUNCIL’S ROLE IN THE MATTER
Regulator - enforce state legislation and local laws
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
The land is located to the west of the Victoria Highway and on the northern side of Lake
Kununurra/Ord River and has an approximate site area of 109 hectares. The property is
Reserve 30290 which is under management of the Shire and is set aside for the purpose of
Racecourse, Recreation and Sporting Clubs.
The land is generally flat and contains several lease areas including: the Kununurra Race
Club, the Kununurra Campdraft and Rodeo Association (formerly Kununurra Bushmen’s
Rodeo Association), the Kununurra Dragon Boat Club and Kimberley Action Sports. Each
lease area contains development associated with the particular land use or group. There is
also a Designated Fenced Area which is licensed and located to the north-east of the
Kununurra Race Club and Kununurra Campdraft and Rodeo Association lease areas. The
land located to the north, south, east and west is Crown Land.
The Kununurra Campdraft and Rodeo Association (KCRA) lease is located towards the
centre of the site, immediately to the north of the Kununurra Race Club lease. Approvals
have been granted in recent years for upgrades to the KCRA lease area, including for a
Multipurpose Building and Ablution Building.
Previously there was a caretaker’s dwelling located in close proximity to the rodeo grounds,
however it fell into disrepair and was removed from the property prior to the most recent
lease being entered into.
Minutes Ordinary Council Meeting 30 October 2018 37 of 79
Locality Plan: Lot 707 Drovers Road, Kununurra
Proposal:
Key details of the proposal can be summarised as follows:
● Caretaker’s dwelling with two bedrooms, two ensuites and open plan kitchen/living
area.
● The building will be 14.5 metres by 3.3 metres.
● A tropical roof will be constructed over the building, which will provide car parking
space under roof and a deck area.
● The building will be setback approximately 7 metres from the eastern boundary of the
KCRA lease boundary (adjoining the designated fenced area) and approximately 7
metres from the western lease boundary (adjoining the Kununurra Race Club lease).
The applicant has highlighted the need for a permanent caretaker to provide on-site security
and for general repairs and maintenance, grounds maintenance and upkeep (mowing and
watering) and cleaning of facilities. A permanent on-site caretaker would also provide a
check-in point for people who were visiting the site. It is proposed that the accommodation
would allow either a couple or 2 single people to undertake the position.
Clause 67 of the Planning and Development (Local Planning Scheme) Regulations 2015
outlines what the local government is required to consider in assessing an application for
development approval. This includes: orderly and proper planning, character and amenity of
Minutes Ordinary Council Meeting 30 October 2018 38 of 79
the local area and any proposed amendments or reviews to the Local Planning Scheme that
have been advertised.
STATUTORY IMPLICATIONS
Draft Local Planning Strategy
The draft Local Planning Strategy identifies the opportunity for redevelopment of the
Kununurra Racecourse as an events precinct to support racing, concerts, and other larger
community events. The draft Local Planning Strategy highlights that the redevelopment of
the events precinct would not replace recreational activities from within the townsite area,
however would facilitate larger scale activities and opportunities as the town grows.
Local Planning Scheme No. 7 - Kununurra and Environs (LPS No. 7)
Under LPS No. 7 the land is set aside as a Parks and Recreation Reserve, the objective of
which is to identify and protect land utilised for local recreational needs.
Draft Local Planning Scheme No. 9 (draft LPS No. 9)
Draft Local Planning Scheme No. 9 (draft LPS No. 9) and has been approved by the Minister
for Planning subject to modifications, which are currently being updated. Under draft LPS
No. 9 the land will be reserved for Public Open Space, the objectives of which include to set
aside areas of public open space and to provide for a range of active and passive recreation
uses.
POLICY IMPLICATIONS
CP/PMG-3780 - Leasing of Council Managed Reserve Land - Community
Clause 5 (“Development”) of the Leasing of Council Managed Reserve Land - Community
Policy, requires that authorisation for any proposed development on leased land should be
sought from the Shire, to determine community needs based on long term strategic
relevance and planning.
FINANCIAL IMPLICATIONS
The relevant development approval application fee has been paid.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 4: Civic Leadership
Goal: 4.3: Ensure a strong and progressive organisation delivering customer focused
services
Strategy 4.3.2: Create a culture that encourages innovation, collaboration, best
practice and organisational discipline to improve efficiency, effectiveness and
productivity
Minutes Ordinary Council Meeting 30 October 2018 39 of 79
RISK IMPLICATIONS
Strategic Risk: Failure to comply with legislative requirements leading to damage of
reputation and/or financial loss.
COMMUNITY ENGAGEMENT
No community engagement is required.
COMMENTS
This application is put forward for Council to authorise the CEO to sign the application form
for the proposed development and for Council to approve the development on land which is
under the management of the Shire and currently reserved for Parks and Recreation under
LPS No. 7.
The proposed development is consistent with the objectives of the Reserve and the use of
the Kununurra Campdraft and Rodeo Association (KCRA) lease area and will provide
permanent accommodation for a caretaker to maintain the grounds and facilities within the
lease area.
The site is identified in the draft Local Planning Strategy for potential redevelopment of a
major event precinct in the future. The proposed development will be located to the south-
eastern corner of the KCRA lease area, which is in an area currently not utilised by the
Association. It is considered the location and design of the proposed development will not
inhibit future redevelopment of the site.
In accordance with bushfire requirements a Bushfire Attack Level (BAL) Assessment was
undertaken at the site. An initial assessment determined that a BAL of 12.5 could be
achieved, on the proviso that a revised site plan and a management agreement, between
the KCRA and the Kununurra Race Club, be submitted for approval, which is reflected in the
recommended conditions of approval. On the revised site plan the proposed caretaker’s
dwelling is to be 7 metres from the eastern boundary (abutting the licenced area) and 7
metres from the western boundary (abutting the Kununurra Race Club lease area). The
management agreement provided states that the KCRA will be responsible for management
of vegetation surrounding the proposed caretaker’s dwelling for a minimum radius of 27
metres, which will include methods of mowing, slashing, whipper snipping and irrigation to
ensure fire safety is maintained and that at all times grasses will be maintained under a
height of 100mm. The agreement has been signed by both parties.
A Bushfire Attack Level (BAL) Certificate has been issued with a determination of a BAL
12.5 on the proviso of a signed management agreement between the KCRA and the
Kununurra Race Club (as described above). It is recommended that conditions are included
to address these requirements and the Bushfire Attack Level (BAL) Certificate and the
signed management agreement will form part of the endorsed plans for the proposed
development.
Minutes Ordinary Council Meeting 30 October 2018 40 of 79
Other standard conditions are recommended with regard to drainage and for the treatment of
septic waste and are in line with what has been submitted, including supporting
documentation.
The proposal is recommended for approval.
ATTACHMENTS
Attachment 1 - Development Plans
Attachment 2 - Application Documents
Attachment 3 - Bushfire Attack Level (BAL) Certificate
Minutes Ordinary Council Meeting 30 October 2018 41 of 79
12.3.2. Kununurra Aquatic and Leisure Facility Draft Masterplan
DATE: 30 October 2018
AUTHOR: Nick Allen, Acting Manager Community Development
RESPONSIBLE OFFICER: Director Planning and Community Development
FILE NO: CP.06.14
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
That Council:
1. Endorses the Kununurra Aquatic Redevelopment - Design Report for the
purpose of advertising for public comment, and
2. Authorises a 28 day advertising period for public comment and consultation
with relevant stakeholders and users of the Kununurra Leisure Centre.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115864
Moved: Cr D Pearce
Seconded: Cr J Farquhar
That Council:
1. Endorses the Kununurra Aquatic Redevelopment - Design Report for the
purpose of advertising for public comment, and
2. Authorises a 28 day advertising period for public comment and consultation
with relevant stakeholders and users of the Kununurra Leisure Centre.
Decision:8/0
PURPOSE
For Council to endorse the advertising and comment period for the redevelopment of the
Kununurra Leisure Centre in line with the Kununurra Aquatic Redevelopment - Design
Report.
Minutes Ordinary Council Meeting 30 October 2018 42 of 79
NATURE OF COUNCIL’S ROLE IN THE MATTER
Advocator - advocate and support initiatives on behalf of the community and the Kimberley
Facilitator - bring stakeholders together
Funder - provide funds or other resources
Provider - provide physical infrastructure and essential services
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
The Shire has undertaken significant planning and design regarding the redevelopment of the Kununurra Leisure Centre since the pool failure in 2012. This has included redevelopment proposals on the existing site as well as new developments at East Lily Creek. Both of the options, although having merit, required considerable funding in excess of $40m. In response to this and in light of funding that may be available, the Shire engaged architects Donovan and Payne (specialists in the design of community projects and aquatic facilities) to prepare a new proposal which would essentially entail the retention of the main leisure centre building and the construction of new aquatic (pool) facilities including a water park feature. The architects met with key stakeholders and facility users and determined the following key priorities:
● Single level aquatic facilities for improved surveillance ● Consideration for facility cost including to maintain operating costs ● Improved disability access throughout the building - particularly in relation to the
change rooms ● Increased storage ● Additional program (activity) space ● New entry including a kiosk or cafe space for parents and other visitors to the centre ● More flexible lap swimming being preferably a 50m pool which would have ability to
transform to two 25m pools (with centre boom) ● Freeform pool with universal access (beach entry) and integrated learn to swim area ● Water park - flexible enough to be expandable but as a feature of the centre and also
to be freely accessible at times ● Options to incorporate pool heating to extend usage through the dry season ● The need to optimise the use of the site area and to make the facility more attractive
to families
A copy of the Design Report which provides relevant plans is at Attachment 1. Key features include:
● Construction of new freeform and 50m lap pool on a concourse level with the main
facility as well as a toddler’s pool. The suggestion is that a boom may be installed in
the lap pool to allow the pool to be divided into two 25m pools if required.
● Splash pad/ water park. This is shown as a second stage of the proposal but given
that funding has previously been agreed, is likely to be constructed in the initial
stage.
● Renovated change rooms and toilets to conform with disability standards
● New entry and expanded gymnasium
● New and expanded storage areas
● Creation of a new programmable activity space or community meeting space by
utilising part of the former Shire administration offices, being the newest part of the
building closest and adjoining the centre
Minutes Ordinary Council Meeting 30 October 2018 43 of 79
The project has been costed into two components, being staged fundamentally to replace the current aquatic facilities which are at their end of useful life and subject to failure.
First stage aquatic facility: $17,267.147 (excluding splash pad)
● Building works and pools excluding 50m pool - $1,565,625 ● Construction of new 50m pool - $3,240,000 ● Leisure Pool, Program Pool, Toddlers Pool - $2,078,000 ● External works - $502,500 ● External services - $210,000 ● Builders preliminaries - $911,535 ● Contingencies (17%) - $1,531,379 ● Professional fees - $1,204,685 ● 60% district loading - $6,023,423
Ideally within this stage the pool side and hall change rooms and toilets would also be renovated which would cost in the order of $275,000 as these were previously identified as priority works.
The additional proposals (within subsequent stages) in the masterplan for the complex would add additional $4.5M in costs and would need to be programmed and funded in separately.
Separate funding has previously been provided for the construction of the splash pad/ water park component which would constructed within the first stage of the proposal, in the order of $590,000.
Some discussion and preliminary costings associated with potentially heating the pools is included in the Design Report and is able to be integrated into future enhancements of the centre.
STATUTORY IMPLICATIONS
There are no statutory implications associated with this report.
POLICY IMPLICATIONS
There are no policy implications associated with this report.
FINANCIAL IMPLICATIONS
The adopted 2018/19 budget included an expenditure budget of $75,000.00 for the
development of a recreation master plan for the site. Consultant fees for Donovan and
Payne to develop an Aquatic and Leisure Facility Master Plan and quantity surveyor costing
associated with the plan has been $24,900. It is anticipated that the remaining funds will be
utilised to prepare more detailed site plans for future funding purposes, particularly relevant
to the most urgent (aquatic) components as well as to assist the Shire to better estimate the
associated contingency costs.
Construction of the first stage will be dependent upon achieving funding from the State and
Federal Government, which would need to be in the order of $16M, with the balance being
from municipal funds. The additional components of the masterplan may be able to be
constructed progressively over the next 5 years but would be funding dependent.
Minutes Ordinary Council Meeting 30 October 2018 44 of 79
Contained within the overall costings are estimates for Contingencies at $1.5m and District
Loading of $6m. The Shire would like to think that these estimates are overly conservative
and “risk averse” and that the subsequent stages of development, including tender
processes, will see these figures much lower than estimated to date.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 1: Healthy vibrant active communities
Goal 1.2: Increase participation in sporting, recreation and leisure activities
Goal 2.2: Provide sustainable public infrastructure that serves the current and future
needs of the community
Goal 4.2: Good decision making through engagement with the community
Strategy 1.2.1: Collaborate with a wide range of stakeholders to advocate and
provide accessible facilities that supports a range of sporting and
recreational activities
Strategy 1.2.3: Support and build capacity of community groups and clubs
through community grants programs, advice and management of Shire
reserves and facilities
Strategy 2.2.1: Provide and maintain infrastructure that promotes sustainable
growth and positively impacts the well-being and lifestyle of residents
and users
Strategy 2.2.2: Ensure energy efficiency options are considered to reduce the
Shire’s costs
Strategy 4.4.2: Secure the maximum grant assistance available, whilst ensuring
the greatest relevant benefit to the community
RISK IMPLICATIONS
The current (main) pool is at risk of failure in the structural integrity (cracking and movement)
of the shell and this is evidenced by water intrusion into the liner. It may not be possible to
repair the shell and liner in the event that there is further cracking. The development of this
plan will provide a ‘shovel-ready’ solution for the purpose of planning for this eventuality as
well as to plan and improve the centre into the future.
COMMUNITY ENGAGEMENT
The Shire of Wyndham East Kimberley CP/GOV - 3100 Community Engagement Policy has
been considered in relation to this item.
Engagement prior to the draft document being developed has taken place with key
stakeholders and user groups, including with operational staff at the centre. This has
included: Kununurra Swim Club; Crazy Croc’s Playgroup and Kununurra Taekwondo. Shire
staff have also discussed the draft concept with the Kununurra District High School, as users
of the facility.
Minutes Ordinary Council Meeting 30 October 2018 45 of 79
Further engagement will take place in accordance with the Shire’s Community Engagement
Guidelines and will include:
● Meetings with Shire representatives (Officers and Councillors), community members,
sports clubs and other key stakeholders, including to discuss the concept proposal
with those organisations and clubs previously consulted
● Have your Say - Shire Website
● Letterbox flyer
● Media release
● Public stalls and displays
The consultation period will be open for comment for a period of 28 days from 1 November
2018.
COMMENTS
The concept proposal addresses the fundamental need to replace the aquatic facilities which
are at risk of failure. The Plan, at least in the initial stage, would also address the poor
standard of the change facilities and toilets to bring them in line with modern standards and
with disability requirements, which is a priority for the purpose of bringing the centre into
compliance with disability standards. Eventually, through the progressive implementation of
the plan, the centre will have an improved and more ‘legible’ entry point that also meets
these standards and also provides improved amenities for users, families and other guests
of the facility.
The design of the new aquatic facilities has the potential to meet the needs of the community
for the next 20 to 25 years with the option of constructing a 50m pool. The addition of a
water park feature along with the freeform pool design, all on the one level, will improve
management and surveillance and has the potential to be an attractor to the centre.
Additional advantages to the concept design include the provision of expanded storage and
gymnasium and improved amenities and landscaping such as BBQ huts and sporting club
facilities for the benefit of centre users and families. Consideration has also been given to
containing operational costs to acceptable limits and in particular to ensure that the Shire
does not need to employ additional recreation staff. Additional research will also be
undertaken to determine costs associated with heating the pool in association with other
(staged) out-year proposals.
The reduced footprint of the site will allow the Shire to plan for redevelopment of part of the
former Shire Administration and allow for potential expansion and enhancement of Tourism
House, but including the provision of new programmable and community spaces. Additional
work will, nevertheless, need to be undertaken to improve the number of car parking spaces
and improve access to car parking and space is available around the centre for this purpose.
Feedback and community comment received within the 28 day period for comment will
enable Officers to confirm support for the proposal and to make any improvements, including
to relevant documentation prior to it being resubmitted for Council consideration.
Engagement will include follow-up consultation with key stakeholders, Kununurra Croc’s
Swim Club, Kununurra Taekwondo Club, Kununurra Gymnastics Clubs, Kununurra Squash
Club, Schools and other service providers, as well as operational (centre) staff. A letterbox
Minutes Ordinary Council Meeting 30 October 2018 46 of 79
flyer will be sent to Kununurra and Wyndham post boxes with information detailing how
community members can provide feedback through the Shire’s “Have your Say” page on the
Shire’s website.
It is recommended that Council endorse the draft document for the purpose of seeking
comment from the community and key stakeholders for 28 days, prior to further
consideration of the proposal.
ATTACHMENTS
Attachment 1 - Kununurra Aquatic Redevelopment - Design Report
Minutes Ordinary Council Meeting 30 October 2018 47 of 79
12.3.3. Annual Report 2017-18
DATE: 30 October 2018
AUTHOR: Senior Integrated Planning and Reporting Officer
RESPONSIBLE OFFICER: Director Planning and Community Development
FILE NO: CM.13.9
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Absolute Majority
OFFICER’S RECOMMENDATION
That Council:
1. Accepts the 2017- 2018 Annual Report (including the 2017-18 Annual Financial
Statements [Part B] and Associated Notes) as presented.
2. Convenes the Annual General Meeting of Electors on 5 December 2018 at 5pm at
the Kununurra Council Chambers.
3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of
the Local Government Act 1995, provide the requisite statutory local public
notice of the acceptance of the 2017 - 2018 Annual Report and the time and date
of the Annual General Meeting of Electors.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115869
Moved: Cr M Dear
Seconded: Cr N Brook
That Council:
1. Accepts the 2017- 2018 Annual Report (including the 2017-18 Annual Financial
Statements [Part B] and Associated Notes) as presented.
2. Convenes the Annual General Meeting of Electors on 5 December 2018 at 5pm at
the Kununurra Council Chambers.
3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of
the Local Government Act 1995, provide the requisite statutory local public
notice of the acceptance of the 2017 - 2018 Annual Report and the time and date
of the Annual General Meeting of Electors.
Decision:8/0
Minutes Ordinary Council Meeting 30 October 2018 48 of 79
PURPOSE
For Council to accept the Annual Report for 2017-18 and to set the date for the Annual
General Electors Meeting.
NATURE OF COUNCIL’S ROLE IN THE MATTER
Leader - plan and provide direction through policy and practices
Regulator - enforce state legislation and local laws
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL
The development of an Annual Report is a requirement of the Local Government Act 1995
(the Act). Section 5.53(1) of the Act requires local governments to develop and publish an
annual report for each financial year with the required content of the annual report specified
in section 5.53(2) of the Act.
Section 5.54 of the Local Government Act 1995 requires that the local government accept
the Annual Report for a financial year no later than 31 December after that financial year; the
exception being that if the Auditor’s report is not available in time for the annual report for a
financial year to be accepted by 31 December after that financial year. The annual report is
to be accepted by the local government no later than 2 months after the Auditor’s report
becomes available.
A general meeting of the electors is to be held once every financial year no later than 56
days after accepting the annual report. The meeting is to be convened by the Chief
Executive Officer giving at least 14 days local public notice.
The Annual Financial Report (AFR) is prepared in accordance with Australian Accounting
Standards, the Local Government Act 1995 and the Local Government (Financial
Regulations) 1996. Management’s responsibility is to prepare the AFR in accordance with
the Standards, Act, and Regulations and to ensure that the report presents fairly the financial
position of the Shire at 30 June 2018 and the performance of the Shire for the year then
ended, free from material misstatement, whether due to fraud or error.
The role of the auditor is to provide an opinion based on their audit as to whether
management has fulfilled these obligations. The auditors also prepare a separate, more
detailed report for management identifying any issues arising from the conduct of the audit,
and recommending any corrective actions.
The Council has formally delegated its responsibility in accordance with section 5.18 of the
Local Government Act 1995 to meet annually with the auditors as required by section
7.12A(2) of the Local Government Act 1995. The Terms of Reference adopted by the
Council also incorporate the responsibility for the Committee to review and examine the
auditor’s report and any management letters arising from the conduct of the audit and
recommending the adoption of the AFR to the Council.
Minutes Ordinary Council Meeting 30 October 2018 49 of 79
STATUTORY IMPLICATIONS
Local Government Act 1995
5.27. Electors’ general meetings
1) A general meeting of the electors of a district is to be held once every financial
year.
2) A general meeting is to be held on a day selected by the local government but
not more than 56 days after the local government accepts the annual report for
the previous financial year.
3) The matters to be discussed at general electors’ meetings are to be those
prescribed
5.53. Annual reports
1) The local government is to prepare an annual report for each financial year.
2) The annual report is to contain —
a) a report from the mayor or president;
b) a report from the CEO;
e) an overview of the plan for the future of the district made in accordance
with section 5.56, including major initiatives that are proposed to
commence or to continue in the next financial year;
f) the financial report for the financial year;
g) Such information as may be prescribed in relation to the payments made
to employees;
h) the auditor’s report for the financial year;
5.54. Acceptance of annual reports
1) Subject to subsection (2), the annual report for a financial year is to be accepted*
by the local government no later than 31 December after that financial year.
* Absolute majority required.
2) If the auditor’s report is not available in time for the annual report for a financial
year to be accepted by 31 December after that financial year, the annual report is
to be accepted by the local government no later than 2 months after the auditor’s
report becomes available.
5.55. Notice of annual reports
The CEO is to give local public notice of the availability of the annual report as soon
as practicable after the report has been accepted by the local government.
6.4. Financial report
1) A local government is to prepare an annual financial report for the preceding
financial year and such other financial reports as are prescribed.
2) The financial report is to —
a) be prepared and presented in the manner and form prescribed; and
Minutes Ordinary Council Meeting 30 October 2018 50 of 79
b) contain the prescribed information.
3) By 30 September following each financial year or such extended time as the
Minister allows, a local government is to submit to its auditor —
a) the accounts of the local government, balanced up to the last day of the
preceding financial year; and
b) the annual financial report of the local government for the preceding
financial year.
7.9. Audit to be conducted
1) An auditor is required to examine the accounts and annual financial report
submitted for audit and, by the 31 December next following the financial year to
which the accounts and report relate or such later date as may be prescribed, to
prepare a report thereon and forward a copy of that report to —
a) the mayor or president;
b) the CEO of the local government; and
c) the Minister.
2) Without limiting the generality of subsection (1), where the auditor considers that
—
a) there is any error or deficiency in an account or financial report submitted
for Audit;
b) any money paid from, or due to, any fund or account of a local
government has been or may have been misapplied to purposes not
authorised by law; or
c) there is a matter arising from the examination of the accounts and annual
financial report that needs to be addressed by the local government,
details of that error, deficiency, misapplication or matter, are to be
included in the report by the auditor.
3) The Minister may direct the auditor of a local government to examine a particular
aspect of the accounts and the annual financial report submitted for audit by that
local government and to —
a) prepare a report thereon; and
b) forward a copy of that report to the Minister, and that direction has effect
according to its terms.
4) If the Minister considers it appropriate to do so, the Minister is to forward a copy
of the report referred to in subsection (3), or part of that report, to the CEO of the
local government to be dealt with under section 7.12A.
7.12A. Duties of local government with respect to audits
1) A local government is to do everything in its power to —
a) assist the auditor of the local government to conduct an audit and carry
out his or
b) her other duties under this Act in respect of the local government; and
c) ensure that audits are conducted successfully and expeditiously.
Minutes Ordinary Council Meeting 30 October 2018 51 of 79
2) Without limiting the generality of subsection (1), a local government is to meet
with
a) the auditor of the local government at least once in every year.
b) A local government is to examine the report of the auditor prepared under
section
Local Government (Audit) Regulations 1996
10. Report by auditor
1) An auditor’s report is to be forwarded to the persons specified in section 7.9(1)
2) within 30 days of completing the audit.
a) The report is to give the auditor’s opinion on —
b) the financial position of the local government; and
c) the results of the operations of the local government.
3) The report is to include —
a) any material matters that in the opinion of the auditor indicate significant
adverse trends in the financial position or the financial management
practices of the local government; and
b) any matters indicating non-compliance with Part 6 of the Act, the Local
Government (Financial Management) Regulations 1996 or applicable
financial controls in any other written law; and
c) details of whether information and explanations were obtained by the
auditor; and
d) a report on the conduct of the audit; and
e) the opinion of the auditor as to whether or not the following financial ratios
included in the annual financial report are supported by verifiable
information and reasonable assumptions —
i) the asset consumption ratio; and
ii) the asset renewal funding ratio.
4) In subregulation (3)(e) — asset consumption ratio has the meaning given in the
local government (Financial Management) Regulations 1996 regulation 50(2);
asset renewal funding ratio has the meaning given in the local government
(Financial Management) Regulations 1996 regulation 50(2).
5) Where it is considered by the auditor to be appropriate to do so, the auditor is to
prepare a management report to accompany the auditor’s report and to forward a
copy of the management report to the persons specified in section 7.9(1) with the
auditor’s report
POLICY IMPLICATIONS
CP/FIN-3200 Strategic Rating and CP/FIN-3201 Significant Accounting Policies
The Audited Annual Financial Report for year ended 30 June 2018 has been prepared in
accordance with Council Policies CP/FIN-3200 Strategic Rating and CP/FIN-3201 Significant
Accounting Policies.
Minutes Ordinary Council Meeting 30 October 2018 52 of 79
CP COM-3100 - Community Engagement Policy
The Community Engagement Policy aims to improve the outcomes and benefits of effective
community engagement including:
● Increased community awareness about services, planning and program delivery;
● Increased awareness of the needs, priorities and diversity of the community, which in
turn ensures that service provision and planning functions are aligned appropriately;
● Council and the community working together to address local issues where
appropriate
FINANCIAL IMPLICATIONS
The Annual Report provides a comprehensive account of the Shire’s activities throughout
2017/18 (Attachment 1). It outlines the progress made towards the strategic objectives as
set out in the Shire’s Strategic Community Plan 2017-2027, and details achievements
against the 2017/18 commitments made in the Corporate Business plan 2017/18 to 2020/21.
The Annual Report also includes commentary on the financial performance of the Shire for
the 2017-18 financial year.
The finalisation of the 2017-18 Annual Financial Statements has resulted in an actual net
result of $9.84 million as opposed to a budgeted net result of $5.05 million. While the Shire
achieved an Operating deficit ($1.85 million), its performance against the budgeted
Operating deficit ($6.42 million) was good. The Shire expended $14.54 million on its capital
works program during the year and so met its asset management requirements for renewals
and replacements. The Shires cash position is once again sound. The Rate Setting
Statement indicates that there was surplus cash generated of $898k for the financial year.
This cash is required to be used substantially for Reserves and funding carry forward
projects. The Annual Financial Statements also indicate that the Reserves of the Shire are
fully backed by cash.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 4: Civic Leadership
Goal 4.2: Good decision making through engagement with the community
Strategy 4.2.1: Engage and communicate with all sections of the community to
better understand needs and priorities
Strategy 4.2.2: Ensure community input informs planning and decision making
Strategy 4.2.3: Ensure community awareness of issues, activities and decisions
affecting the Shire
Goal: 4.3: Ensure a strong and progressive organisation delivering customer focused
services
Strategy 4.3.1: Be adaptive, responsive with a strong customer focus
Goal 4.4: Sustainably maintain the Shire’s financial viability
Strategy 4.4.4: Apply best practice financial management to ensure long term
sustainability
Minutes Ordinary Council Meeting 30 October 2018 53 of 79
Corporate Business Plan 2018/19
CBP Action: #53 - Ensure compliance with the Integrated Planning and Reporting
Framework
CBP Action: #57 - Ensure effective communication with the community including regular
good news stories about the Shire
RISK IMPLICATIONS
Risk: Strategic - failure to comply with legislative requirements leading to damage of
reputation and/or financial loss
Control: Undertake independent Annual Financial Audit
COMMUNITY ENGAGEMENT
Engagement will take place in accordance with the Shire’s Community Engagement
Guidelines and will include statutory local public notice pursuant to sections 5.29 and 5.55 of
the Local Government Act 1995:
- Informing the community that the Annual Report has been accepted and is
available.
- Making the Annual Report accessible for viewing online and in the Shire Offices
and other Shire facilities.
- Informing the community of the location, date and time of the Annual General
Electors Meeting.
At the Annual General Electors Meeting the community will be able to ask public questions
and registered electors will be able to put forward elector motions on which the electors can
vote and which will be subsequently considered by Council.
COMMENTS
The Annual report is derived from information provided by responsible officers and through
the Integrated Planning and Reporting Process. The report is designed to present
information to the community in an easy to read format. The attached Annual Report
provides a summary of the financial year 2017/18 and meets the requirements for
preparation of an annual report as detailed in Section 5.53 of the Local Government Act
1995.
It is recommended that Council accepts the 2017- 2018 Annual Report and agrees to a date
for the Annual General Electors Meeting to ensure sufficient time to prepare the required
statutory local public notice.
ATTACHMENTS
Attachment 1 - Annual Report 2017-18
Minutes Ordinary Council Meeting 30 October 2018 54 of 79
12.4. CORPORATE SERVICES 12.4.1. Interim Monthly Financial Report September 2018
DATE: 30 October 2018
AUTHOR: Coordinator Financial Management
RESPONSIBLE OFFICER: Vernon Lawrence, Director Corporate Services
FILE NO: FM.09.5
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
That Council receives the interim monthly financial report as at 30 September 2018.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115870
Moved: Cr T Chafer
Seconded: Cr M Dear
That Council receives the interim monthly financial report as at 30 September 2018.
Decision:8/0
PURPOSE
For Council to receive the interim monthly financial report for the period ended 30 September 2018. NATURE OF COUNCIL’S ROLE IN THE MATTER
Regulator - enforce state legislation and local laws
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
Council is to prepare monthly financial reports as required by the Local Government
(Financial Management Regulations) 1996.
At the 26 June 2018 Ordinary Council Meeting, the Council resolved the following:
Minutes Ordinary Council Meeting 30 October 2018 55 of 79
COUNCIL DECISION
Minute Number: 26/06/2018-115800
Moved: Cr M McKittrick
Seconded: Cr M Dear
That Council, in accordance with Regulation 34(5) of the Local Government (Financial
Management) Regulations 1996, approves the materiality level for monthly reporting
to be set at +/- 10% and +/- $20,000 at account level and +/- 10% and +/- $100,000 at
financial statement level.
Carried 9/0
These materiality levels have been applied in the preparation of this report.
STATUTORY IMPLICATIONS
Local Government Act 1995, Section 6.4.
Local Government (Financial Management) Regulations 1996, Regulation 34.
POLICY IMPLICATIONS
CP FIN-3201 Significant Accounting Policies has been applied in the preparation of the
report.
FINANCIAL IMPLICATIONS
There are no additional costs associated with the preparation of this report. Monthly
financial reporting is a primary financial management and control process. This report
provides the Council with the ability to oversee the Shire’s financial performance
against budgeted targets.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 4: Civic Leadership
Goal 4.4: Sustainably maintain the Shire’s financial viability
Strategy 4.4.4: Apply best practice financial management to ensure long term
sustainability
RISK IMPLICATIONS
Strategic Risk: Failure to comply with legislative requirements leading to damage of
reputation and/or financial loss.
Minutes Ordinary Council Meeting 30 October 2018 56 of 79
COMMUNITY ENGAGEMENT
The Shire of Wyndham East Kimberley’s CP/GOV-3100 Community Engagement Policy
has been considered in relation to this item.
No community engagement is required.
COMMENTS
Comments in relation to budget to actual variances are included as notes in the Financial Report attached.
ATTACHMENTS
Attachment 1 Interim Monthly Financial Report for the period to 30 September 2018.
Minutes Ordinary Council Meeting 30 October 2018 57 of 79
12.4.2. List of Accounts Paid From Municipal Fund and Trust Fund
DATE: 30 October 2018
AUTHOR: Creditors Officer
RESPONSIBLE OFFICER: Vernon Lawrence, Director Corporate Services
FILE NO: FM.09.20
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
That Council receives the listing of accounts paid from the Municipal and Trust funds,
being:
Municipal EFT 132977 - 132976 (06 Sept 18 - 26 Sept 18) $ 3,434,139.05
Municipal cheques 51819 - 51828 (06 Sept 18 - 20 Sept 18) $ 55,225.04
Trust EFT 501662 - 501676 (04 Sept 18 - 28 Sept 18) $ 9,391.05
Payroll (12 Sept 18 - 26 Sept 18) $ 476,901.40
Direct bank debits (03 Sept 18 - 28 Sept 18) $ 116,939.99
TOTAL $ 4,092,596.53
COUNCIL DECISION
Minute Number: 30/10/2018 - 115871
Moved: Cr G Lodge
Seconded: Cr D Pearce
That Council receives the listing of accounts paid from the Municipal and Trust funds,
being:
Municipal EFT 132977 - 132976 (06 Sept 18 - 26 Sept 18) $ 3,434,139.05
Municipal cheques 51819 - 51828 (06 Sept 18 - 20 Sept 18) $ 55,225.04
Trust EFT 501662 - 501676 (04 Sept 18 - 28 Sept 18) $ 9,391.05
Minutes Ordinary Council Meeting 30 October 2018 58 of 79
Payroll (12 Sept 18 - 26 Sept 18) $ 476,901.40
Direct bank debits (03 Sept 18 - 28 Sept 18) $ 116,939.99
TOTAL $ 4,092,596.53
Decision:8/0
PURPOSE
To present the listing of accounts paid from the Municipal Fund and Trust Fund in
accordance with the requirements of the Local Government (Financial Management)
Regulations 1996.
NATURE OF COUNCIL’S ROLE IN THE MATTER
Regulator - enforce state legislation and local laws.
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
In accordance with Councils Delegations Register 2018/19 which was adopted by the
Council on the 28 August 2018, the Council has delegated to the CEO the exercise of its
power under regulations 12 and 13 of the Local Government (Financial Management)
Regulations 1996 to make payments from Municipal Fund and Trust Fund.
STATUTORY IMPLICATIONS
Local Government Act 1995 – Section 5.42
Local Government (Financial Management) Regulations 1996 – Regulations 5, 11, 12,
12(1)(a) and 13.
POLICY IMPLICATIONS
Sub-delegation 12 “Payments from the Municipal Fund and Trust Fund” applies subject to
compliance with Council Policy CP/FIN-3204 Purchasing.
FINANCIAL IMPLICATIONS
There are no financial implications arising out of the preparation of this report. The financial
implications arising from the payments made from the Municipal and Trust funds have been
provided for in the 2018/19 Adopted Budget and any subsequent amendments thereto. This
report provides for the ongoing management of the Shire’s funds by providing the Council
with sufficient information to monitor and review payments made.
Minutes Ordinary Council Meeting 30 October 2018 59 of 79
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027.
Focus Area 4: Civic Leadership
Goal 4.4: Sustainably maintain the Shire’s financial viability
Strategy 4: Apply best practice financial management to ensure long term
sustainability.
RISK IMPLICATIONS
Risk: Failure to comply with legislative requirements leading to damage of reputation and/or
financial loss.
Controls: Annual Financial Audit. Annual Compliance Return to Department of Local
Government, Sport and Cultural Industries.
COMMUNITY ENGAGEMENT
No community engagement is required.
COMMENTS
In accordance with statutory requirements, each payment from the Municipal Fund or the
Trust Fund is to be noted on a list compiled each month showing: the payee’s name, amount
of payment, date of payment and sufficient information to identify the transaction. The list is
to be presented to the Council at the next ordinary meeting of the Council following the
preparation of the list and is to be recorded in the minutes of the meeting at which it is
presented.
ATTACHMENTS - Item 12.4.2
Attachment 1 - List of Accounts Paid September 2018
Minutes Ordinary Council Meeting 30 October 2018 60 of 79
12.4.3. Changing Method of Valuation of Land
DATE: 30 October, 2018
AUTHOR: Director Corporate Services
RESPONSIBLE OFFICER: Vernon Lawrence, Director Corporate Services
FILE NO: FM.11.68
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Simple Majority
OFFICER’S RECOMMENDATION
That Council suspends the process to transition Unimproved Value (UV) rated
properties not used for rural purposes to Gross Rental Values (GRV) rated properties
until the current review of the Local Government Act, 1995 has been completed.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115872
Moved: Cr J Farquhar
Seconded: Cr A Petherick
That Council suspends the process to transition Unimproved Value (UV) rated
properties not used for rural purposes to Gross Rental Values (GRV) rated properties
until the current review of the Local Government Act, 1995 has been completed.
Decision:8/0
PURPOSE
To request that Council resolve to suspend the process whereby properties in certain rate
categories from Unimproved Valuations (UV) are transitioned to Gross Rental Valuations
(GRV) until the review of the Local Government Act currently in progress has been
completed.
NATURE OF COUNCIL’S ROLE IN THE MATTER
Leader - plan and provide direction through policy and practices.
Regulator - enforce state legislation and local laws.
Minutes Ordinary Council Meeting 30 October 2018 61 of 79
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
COUNCIL DECISION
Minute Number: 28/08/2018 - 115846
Moved: Cr T Chafer
Seconded: Cr M McKittrick
That Council Authorises the Chief Executive Officer to undertake a review of
Unimproved Value (UV) rated properties and commence the process to transition
properties not used for rural purposes to Gross Rental Values (GRV) in accordance
with section 6.28 of the Local Government Act 1995.
Decision: 7/0
Council resolved at the 28 August 2018 Ordinary Council Meeting to undertake the review of
UV rated properties to ensure that they complied with the section 6.28 of the Local
Government Act, 1995 in terms of which the Minister for Local Government is responsible for
determining the method of valuation of land to be used by a local government as the basis
for a rate. In determining the method of valuation, the Minister is to have regard to the
general principle that the basis for a rate on any land is to be:
● Where the land is used predominantly for rural purposes, the Unimproved (UV) value
of the land; and
● Where the land is used predominantly for non-rural purposes, the Gross Rental
Value (GRV) of the land.
It is the local government’s responsibility to review the predominant use of land and apply to
the Minister to have the method of valuation changed where appropriate. In 2014 Council’s
Strategic Rating policy was reviewed and the current policy includes Council’s intention that
properties in the UV Rural Residential and UV Commercial/ Industrial rating categories will
be transitioned from UV to GRV values as the primary purpose is non rural. 237 properties
have been identified in these rating categories as requiring transition. In addition 17
properties in the UV Rural Agriculture 2 rating category have been identified as having a
residential land use. These properties are due to be re-zoned in Local Planning Scheme No.
9 to Rural Small holding.
The UV to GRV transition process was scheduled to be undertaken in 2017 with the
implementation of changes to valuations to take effect from 1 July 2018, however due to the
general GRV revaluation taking place in 2018 the process was postponed until the 2018/19
financial year to avoid any potential confusion for ratepayers of two separate unrelated
revaluations occurring in the same year.
STATUTORY IMPLICATIONS
Local government has a role in ensuring rating principles of the Local Government Act 1995
(the Act) are correctly applied so that land used for rural purposes is rated on its Unimproved
Value (UV), and similarly land used for non-rural purposes is rated on its Gross Rental Value
Minutes Ordinary Council Meeting 30 October 2018 62 of 79
(GRV). Section 6.28 of the Act differentiates between the two methods of valuation available
dependent upon the predominant use of the land.
Local Government Act 1995
6.28. Basis of rates
(1) The Minister is to —
(a) determine the method of valuation of land to be used by a local
government as the basis for a rate; and
(b) publish a notice of the determination in the Government Gazette.
(2) In determining the method of valuation of land to be used by a local
government the Minister is to have regard to the general principle that the
basis for a rate on any land is to be —
(a) where the land is used predominantly for rural purposes, the
unimproved value of the land; and
(b) where the land is used predominantly for non‑ rural purposes, the
gross rental value of the land.
(3) The unimproved value or gross rental value, as the case requires, of rateable
land in the district of a local government is to be recorded in the rate record of
that local government.
(4) Subject to subsection (5), for the purposes of this section the valuation to be
used by a local government is to be the valuation in force under the Valuation
of Land Act 1978 as at 1 July in each financial year.
(5) Where during a financial year —
(a) an interim valuation is made under the Valuation of Land Act 1978; or
(b) a valuation comes into force under the Valuation of Land Act 1978 as
a result of the amendment of a valuation under that Act; or
(c) a new valuation is made under the Valuation of Land Act 1978 in the
course of completing a general valuation that has previously come into
force, the interim valuation, amended valuation or new valuation, as
the case requires, is to be used by a local government for the
purposes of this section.
POLICY IMPLICATIONS
Council Policy CP FIN-3200 Strategic Rating outlines the Council’s principles and
methodology when exercising the Council’s discretionary powers to determine the level and
structure of rates levied under the Local Government Act 1995.
The above policy incorporates the Objects and Reasons for Differential Rates including the
following relevant to the UV rates categories for which the land use is to be reviewed:
UV – RURAL RESIDENTIAL
Minutes Ordinary Council Meeting 30 October 2018 63 of 79
A differential rate is applied to UV valued land located outside the gazetted town site that is
zoned Rural Living, Rural Smallholding and Special Rural which is used primarily for or
capable of being used primarily for rural residential purposes.
Rural residential has the same meaning as the objectives of TPS7 and TPS6 for these
Zones, being:-
a. Providing for those people wishing to reside on a small rural holding (as in the
case of a Rural Living Zone in TPS7); or
b. Providing for those people wishing to reside on rural lifestyle lots (as in the case
of the Rural Smallholding Zone in TPS7); or
c. Providing for those people wishing to reside on a small rural holding (as in the
case of the Special Rural Zone in TPS6).
It should be noted that this is intended as a transitionary rating differential category while the
Shire work through a process to have these properties provided with a gross rental value
instead of an unimproved value given the primary purpose is residential.
The average rates payable for each property will be similar to the average rates payable for
GRV Residential properties, recognising the transition to a GRV value.
UV – COMMERCIAL/INDUSTRIAL
A differential rate is applied to UV valued land located outside the gazetted town site that is
used primarily for, or capable of being used primarily for commercial, industrial and/or
tourism purposes.
This sector generates high traffic volumes and should therefore contribute a greater share of
the costs associated with road construction, maintenance and refurbishment including road
drainage systems and other infrastructure required, along with other costs associated with
marketing and economic development.
It should be noted that this is intended as a transitionary rating differential category while the
Shire work through a process to have these properties provided with a gross rental value
instead of an unimproved value given the primary purpose is commercial, industrial and/or
tourism and the land owners should be contributing more equitably to these costs.
FINANCIAL IMPLICATIONS
$40,000 has been allocated in the 2018/19 budget for the cost of the revaluation. The
suspension of the process will not have any adverse financial implications for the Shire.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017-2027
Focus Area 4: Civic Leadership
Minutes Ordinary Council Meeting 30 October 2018 64 of 79
Goal 4.4: Sustainably maintain the Shire’s financial viability
Strategy 4.4.3: Adequately plan for and fund asset maintenance and renewal
to deliver planned services
Strategy 4.4.4: Apply best practice financial management to ensure long term
sustainability
RISK IMPLICATIONS
Risk: Failure to comply with legislative requirements leading to damage of reputation and/or
financial loss.
Control: Review policies and procedures in accordance with review schedule.
COMMUNITY ENGAGEMENT
Engagement has taken place in accordance with the Shire’s Community Engagement Guidelines and will include the following:
● Letters have been sent to affected landowners requesting a declaration of land use to be completed and returned to the Shire within 21 days. Replies have been received by the Shire together with other correspondence which form the basis for this report.
COMMENTS
Changing the method of valuation from UV to GRV for properties not used for rural purposes
is required so that all properties in the Shire are valued in accordance with the requirements
of section 6.28 of the Local Government Act 1995. The Shire commenced the process and
has achieved the following milestones:
August 2018 - Council resolved to authorise the Chief Executive Officer to carry out a
review of the land use for UV rated properties.
August 2018 - Indicative Values have been obtained from the Valuer General’s Office for
specified properties in the relevant UV rate categories.
September 2018 - Letters have been sent to affected landowners requesting a declaration
of land use to be completed and returned to the Shire within 21 days. Numerous responses
have been received from affected landowners.
Correspondence received from those affected landowners indicated varying levels of opinion
on how the term “rural purpose” is to be defined and applied. While “rural purpose” is defined
by the Department of Local Government Sports and Cultural Industries (DLGSC) to mean “a
purpose pertaining to agriculture and agriculture is defined to mean the use or cultivation of
land for any purpose of husbandry or horticulture, including the raising of livestock and the
growing of crops”, the Local Government Act, 1995 does not define “rural purpose”. As the
Local Government Act, 1995 does not provide a precise definition of “rural purpose“ it is
open to interpretation. Correspondence with affected landowners has revealed a wide range
of interpretations.
Minutes Ordinary Council Meeting 30 October 2018 65 of 79
Shire Officers have obtained legal advice on how the term is to be interpreted which
substantially agrees with the Departments interpretation and what Shire Officers consider to
be the correct interpretation.
However, upon reflection Shire Officers now recommend to Council that the process be
suspended for the following reasons:
1. There is currently a review of the Local Government Act, 1995 underway by the
Department of Local Government Sports and Cultural Industries. As the definition of
“rural purpose” has created uncertainty for the Shire and its landowners, it has also
done so for other Councils in the State. The review of the Local Government Act,
1995 may well address this issue and provide certainty by defining what “rural
purpose” is for determining method of valuation;
2. There is also a potential review of the valuation methodology by the Valuer General’s
Office as part of the Local Government Act, 1995 review;
3. As this process was undertaken only as a compliance issue, there is no adverse
finance or budget implication associated with suspending the process; and
4. The suspension of the process until certainty is provided on what “rural purpose” is
will eliminate the potential of a future revisit of the process should the review of the
Local Government Act,1995 result in a course of action contrary to what the Shire
may implement should the process continue.
Minutes Ordinary Council Meeting 30 October 2018 66 of 79
12.4.4. Budget Adjustments 2018/19
DATE: 30 October 2018
AUTHOR: Director Corporate Services
RESPONSIBLE OFFICER: Vernon Lawrence, Director Corporate Services
FILE NO: FM 05.15
DISCLOSURE OF INTERESTS: Nil
VOTING REQUIREMENT
Absolute Majority
OFFICER’S RECOMMENDATION
That Council -
1. Adopt the changes to the Municipal Fund Budget 2018/19 as detailed in
Attachment 3;
2. Adopt the recommendation to transfer an additional amount of $76,373 to the
Drainage Reserve;
COUNCIL DECISION
Minute Number: 30/10/2018 - 115873
Moved: Cr T Chafer
Seconded: Cr M Dear
That Council -
1. Adopt the changes to the Municipal Fund Budget 2018/19 as detailed in
Attachment 3;
2. Adopt the recommendation to transfer an additional amount of $76,373 to the
Drainage Reserve;
Decision:8/0
PURPOSE
The purpose of this report is to consider changes to the Municipal Fund Budget for the
2018/19 financial year arising from changes to the cash position estimated at the time of the
preparation of the budget and the actual cash position presented to the Shire’s auditors in
the draft Annual Financial Statements for the year ended 30 June 2018.
Minutes Ordinary Council Meeting 30 October 2018 67 of 79
NATURE OF COUNCIL’S ROLE IN THE MATTER
Advocator - advocate and support initiatives on behalf of the community and the Kimberley
Funder - provide funds or other resources
Leader - plan and provide direction through policy and practices
Provider - provide physical infrastructure and essential services
Regulator - enforce state legislation and local laws
BACKGROUND/ PREVIOUS CONSIDERATIONS BY COUNCIL/ COMMITTEE
The 2018/19 Budget was considered by Council at the Ordinary Council Meeting on 26 June
2018. The relevant decision related to the Officer’s Recommendation 14 of the report.
COUNCIL DECISION
Minute Number: 26/06/2018-115803
Moved: Cr T Chafer
Seconded: Cr A Petherick
Pursuant to the provisions of section 6.2 of the Local Government Act 1995 and
Part 3 of the Local Government (Financial Management) Regulations 1996, that
Council adopt the Municipal Fund Budget as contained in Attachment 1 of this
agenda, for the Shire of Wyndham East Kimberley for the 2018/19 financial year
which includes the following:
1. Statement of Comprehensive Income by Nature and Type
2. Statement of Comprehensive Income by Program
3. Statement of Cash Flows;
4. Rate Setting Statement showing a net amount required to be raised
from rates of $10,420,934;
5. Notes to and forming Part of the Budget;
6. Fees and Charges Schedule.
Carried 9/0
STATUTORY IMPLICATIONS
Local Government Act 1995
Part 2 – Constitution of local government
Division 2 – Local governments and councils of local government
2.7. Role of council
(1) The council —
(a) governs the local government’s affairs; and
(b) is responsible for the performance of the local government’s functions.
(2) Without limiting subsection (1), the council is to —
(a) oversee the allocation of the local government’s finances and resources; and
(b) determine the local government’s policies.
Minutes Ordinary Council Meeting 30 October 2018 68 of 79
Local Government Act 1995
Part 6, Division 2 – Annual Budget
6.2. Local government to prepare annual budget
(1) During the period from 1 June in a financial year to 31 August in the next financial year,
or such extended time as the Minister allows, each local government is to prepare and
adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial
year ending on the 30 June next following that 31 August.
* Absolute majority required.
Local Government Act 1995
Part 6 - Financial management
Division 4 - General financial provisions Division
6.11. Reserve accounts
(1) Subject to subsection (5), where a local government wishes to set aside money for use
for a purpose in a future financial year, it is to establish and maintain a reserve account for
each such purpose.
(2) Subject to subsection
(3), before a local government —
(a) changes* the purpose of a reserve account; or
(b) uses* the money in a reserve account for another purpose, it must give one month’s local
public notice of the proposed change of purpose or proposed use. * Absolute majority
required. (3) A local government is not required to give local public notice under subsection
(2) —
(a) where the change of purpose or of proposed use of money has been disclosed in the
annual budget of the local government for that financial year; or
(b) in such other circumstances as are prescribed.
(4) A change of purpose of, or use of money in, a reserve account is to be disclosed in the
annual financial report for the year in which the change occurs.
(5) Regulations may prescribe the circumstances and the manner in which a local
government may set aside money for use for a purpose in a future financial year without the
requirement to establish and maintain a reserve account.
6.2. Local government to prepare annual budget
(1) During the period from 1 June in a financial year to 31 August in the next financial year,
or such extended time as the Minister allows, each local government is to prepare and
adopt*, in the form and manner prescribed, a budget for its municipal fund for the financial
year ending on the 30 June next following that 31 August.
* Absolute majority required.
Minutes Ordinary Council Meeting 30 October 2018 69 of 79
(2) In the preparation of the annual budget the local government is to have regard to the
contents of the plan for the future of the district made in accordance with section 5.56 and to
prepare a detailed estimate for the current year of —
(a) the expenditure by the local government; and
(b) the revenue and income, independent of general rates, of the local government;
and
(c) the amount required to make up the deficiency, if any, shown by comparing the
estimated expenditure with the estimated revenue and income.
(3) For the purposes of subsections (2)(a) and (b) all expenditure, revenue and income of
the local government is to be taken into account unless otherwise prescribed.
(4) The annual budget is to incorporate —
(a) particulars of the estimated expenditure proposed to be incurred by the local
government; and
(b) detailed information relating to the rates and service charges which will apply to
land within the district including —
(i) the amount it is estimated will be yielded by the general rate; and
(ii) the rate of interest (if any) to be charged by the local government on
unpaid rates and service charges; and
(c) the fees and charges proposed to be imposed by the local government; and
(d) the particulars of borrowings and other financial accommodation proposed to be
entered into by the local government; and
(e) details of the amounts to be set aside in, or used from, reserve accounts and of
the purpose for which they are to be set aside or used; and
(f) particulars of proposed land transactions and trading undertakings (as those terms
are defined in and for the purpose of section 3.59) of the local government; and
(g) such other matters as are prescribed.
(5) Regulations may provide for —
(a) the form of the annual budget; and
(b) the contents of the annual budget; and
(c) the information to be contained in or to accompany the annual budget.
Local Government (Financial Management) Regulations 1996
Part 2 – General financial management
5. CEO’s duties as to financial management
(1) Efficient systems and procedures are to be established by the CEO of a local
government —
(g) to assist in the preparation of budgets, budget reviews, accounts and reports
required by the Act or these regulations.
(2) The CEO is to —
(b) assist the council to undertake reviews of fees and charges regularly (and not
less than once in every financial year).
Minutes Ordinary Council Meeting 30 October 2018 70 of 79
6.8. Expenditure from municipal fund not included in annual budget
1) A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure —
a) is incurred in a financial year before the adoption of the annual budget by the local government; or
b) is authorised in advance by resolution*; c) is authorised in advance by the mayor or president in an emergency.
* Absolute majority required.
(1a) In subsection (1) — additional purpose means a purpose for which no expenditure estimate is included in the local government’s annual budget. 2) Where expenditure has been incurred by a local government —
a) pursuant to subsection (1)(a), it is to be included in the annual budget for that financial year; an
b) pursuant to subsection (1)(c), it is to be reported to the next ordinary meeting of the council
c) [Section 6.8 amended by No. 1 of 1998 s. 19.] Local Government (Financial Management) Regulations 1996 32. Amounts which may
be excluded when calculating budget deficiency (Act s. 6.2(3))
A local government may exclude from the calculation of the budget deficiency —
a) money borrowed or to be borrowed, to the extent that it is proposed in the
annual budget to remain unspent at the end of the financial year; and
b) reserves, to the extent that they are proposed in the annual budget to remain
unspent at the end of the financial year; and
c) in relation to a land transaction or trading undertaking, assets and liabilities, to
the extent to which they are proposed in the annual budget to remain
restricted to the purposes of the land transaction or trading undertaking at the
end of the financial year; and
d) any proposed amounts of depreciation of non-current assets; and
e) assets from grants or gifts or non-cash revenue or expenditure; and
f) current liabilities which, by their nature, are restricted, to the extent that they
are proposed in the annual budget to remain uncleared at the end of the
financial year; and
g) any other current assets which, by their nature, are restricted, to the extent
that they are proposed in the annual budget to remain unused at the end of
the financial year.
POLICY IMPLICATIONS
Nil
FINANCIAL IMPLICATIONS
The detailed financial implications have been set out in the Attachments. The net impact on
the operating position of the Shire is that there is additional available cash generation of
$129,373 which the officers recommend be allocated to the 2018/19 Operating Budget in the
amount of $53,000 and a transfer to the Drainage Reserve of $76,373.
With respect to the Capital Works portion of the budget all savings and underspend from the
forecast position have been allocated to the relevant reserves. An additional $3,404,758 of
Minutes Ordinary Council Meeting 30 October 2018 71 of 79
capital funding has been transferred into reserves. Allocations will be made from the
reserves into the 2018/19 capital works program where projects have been carried over from
the 2017/18 year.
STRATEGIC IMPLICATIONS
Strategic Community Plan 2017 to 2027
Focus Area: 4: Civic Leadership
Goal 4.4: Sustainably maintain the Shire’s financial viability
Strategy 4.4.3: Adequately plan for and fund asset maintenance and renewal
to deliver planned services
Strategy 4.4.4: Apply best practice financial management to ensure long term
sustainability
RISK IMPLICATIONS
Risk: Failure to comply with legislative requirements leading to damage of reputation and/or
financial loss.
Control: Annual financial audit.
Risk: Inability to deliver levels of service expected by the community.
Control: Current budget and service levels.
Risk: Failure to undertake proactive maintenance leading to damaged infrastructure
Control: Proactive maintenance included in Depot Maintenance Works program.
COMMUNITY ENGAGEMENT
No community engagement is required.
COMMENTS
At the time of the preparation of the 2018/19 Budget estimates of both capital and operating
expenditure and revenue had to be made as actual data was not available at that time. It
was the intention that once the actual data was available then the budget would be revisited
to adjust budget allocations for any change in circumstances due to any material variance
between actual data and estimated data. This exercise is not a review of the budget as
contemplated by Section 33A. Review of Budget - Local Government (Financial
Management) Regulations 1996, but an adjustment to the budget based on information we
did not have at the time of the budget preparation.
In the preparation of the 2018/19 Budget, the Rate Setting Statement detailed the estimated
revenue and expenditure of both operating and capital nature, the financing activities and
the movement in the Reserves for the 2017/18 financial year. These estimates gave a
forecast opening cash position of $1,622,635 for the 2018/19 financial year. The actual
position as presented to the auditors in the draft Annual Financial Statements for 30 June
2018 differed to the estimated position in each of these categories, yielding an opening cash
Minutes Ordinary Council Meeting 30 October 2018 72 of 79
position of $2,834,174 which is greater by $724,360 (Refer Appendix 1). This amount is a
composite of operational savings, underspending and savings on the capital works program
and transfers to reserves for both capital and operational items. This is explained more
comprehensively below.
The amount attributable to operating activities and rates was greater than the forecast by
$829,782. Of this amount $700,409 has been transferred into reserves as part of the Shires
normal year end reserve funding processes. Expenditure that was estimated to be spent
before the 2017/18 financial year end but was not and needs to be carried forward to
2018/19 amounts to $53,000. These are amounts for two projects carried forward from the
2017/18 financial year and one item that a budget allocation was approved by Council in
respect of the Kununurra Visitor Centre. No other changes to the Operational Budget are
considered necessary at this stage. This leaves an unallocated balance of $76,373. To be
consistent with the prior year it is the officers recommendation that this amount be
transferred into the Drainage Reserve.
The capital works program in the rate setting statement shows that officers forecast a net
spend of $5,056,396 against an actual net spend of $2,505,374 (refer Attachment 1). The
“savings” of $2,551,022 is all quarantined in the reserves of the Shire in line with the
financial strategy of the Shire. These are primarily allocated to the Capital Works Reserve,
the Unspent Grants Reserve and the Unspent Loans Reserve.
The third factor to consider in the analysis is the difference in the movement on reserves.
The actual movement on reserves is a net transfer to reserves of $169,472 against a
forecast of a net transfer from reserves of $1,999,795 (refer Attachment 1). The net
difference is $2,169,267 that has been transferred into reserves. This analysed as follows:
Difference between actual and forecast on reserves $ 2,169,267
Adjustment for Financial Assistance Grant $ 1,935,900
Transfer to capital related reserves $(3,404,758)
Transfer to Operating related reserves $ ( 700,409)
The Shire’s auditors have required the Shire to no longer place the advance receipt of the
Commonwealth Financial Assistance Grant in a reserve for unspent grants. This accounts
for $1,935,900 of the difference between the actual data and the forecast data. As stated
above $700,409 is in respect of operational items that are required to be transferred into
reserves. The amount relating to the Capital Works program is $3,404,758. Of this amount
$1,919,235 relates to unspent loans and grants and $1,288,268 of Municipal funds allocated
to capital projects that have been quarantined in the Capital Works Reserve. The remaining
$197,252 comprises of amounts for the Airport General Reserve, the Plant and Equipment
Reserve and the Parks Reserve.
Changes to the Capital Works program need to be made to reflect the uncompleted work
that has been carried over from the 2017/18 financial year as well as correcting any changes
in estimates that have arisen since the budget was adopted. Annexure 2 analyses the
Capital Works Program and sets out the changes that need to be made to the projects so
that the works can be properly funded for the current year. The additional funds that are
Minutes Ordinary Council Meeting 30 October 2018 73 of 79
required to complete the work is $3,060,621. This is fully funded from the additional amounts
that have been put into the reserves.
ATTACHMENTS
Attachment 1 - Rate Setting Statement - Actual vs Forecast
Attachment 2 - Capital Works Program - Carry Over Adjustments
Attachment 3 - Amended Statutory Budget Statements 2018/19
Minutes Ordinary Council Meeting 30 October 2018 74 of 79
12.5. INFRASTRUCTURE 13. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 14. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 15. URGENT BUSINESS APPROVED BY THE PERSON PRESIDING OR BY
DECISION
16. MATTERS BEHIND CLOSED DOORS
COUNCIL DECISION
Minute Number: 30/10/2018 – 115874
Moved: Cr D Pearce
Seconded: Cr T Chafer
That Council move in-camera with officers to leave (CEO and Minute Taker to remain)
at 6.25pm.
Decision:8/0
Minutes Ordinary Council Meeting 30 October 2018 75 of 79
16.1. Acting Chief Executive Officer - January/February 2019 Carl Askew, CEO, declares an impartiality interest as the item is regarding a person acting in
his role.
DATE: 30 October 2018
AUTHOR: Carl Askew, Chief Executive Officer
RESPONSIBLE OFFICER: Carl Askew, Chief Executive Officer
FILE NO: PL.1907
DISCLOSURE OF INTERESTS: The CEO declares an impartiality interest as
the item is regarding a person acting in his role.
COUNCIL DECISION
Minute Number: 30/10/2018 - 115875
Moved: Cr T Chafer
Seconded: Cr N Brook
That Council appoint the Director Corporate Services, Mr Vernon Lawrence, as the
Acting Chief Executive Officer for the period 21 January 2019 to 22 February 2019
(inclusive).
Decision:8/0
This item is to be considered behind closed doors as per the Local Government Act 1995:
5.23 (2) (a) and (b)
5.23. Meetings generally open to public
(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 —
(a) a matter affecting an employee or employees; and (b) the personal affairs of any person; and
(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and
(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and
(e) a matter that if disclosed, would reveal — (i) a trade secret; or (ii) information that has a commercial value to a person; or
(iii) information about the business, professional, commercial or financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government; and
(f) a matter that if disclosed, could be reasonably expected to —
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(i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or
(ii) endanger the security of the local government’s property; or (iii) prejudice the maintenance or enforcement of a lawful measure for protecting public safety; and
(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1971; and
(h) such other matters as may be prescribed. (3) A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.
VOTING REQUIREMENT
Simple Majority
PURPOSE
For Council to consider the appointment of an Acting Chief Executive Officer from the 21
January 2019 to 22 February 2019 (inclusive).
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16.2. 2018/19 Plant Management Program - Road Grader
DATE: 30 October 2018
AUTHOR: Senior Procurement and Contracts Officer
RESPONSIBLE OFFICER: Vernon Lawrence, Director Corporate Services
DISCLOSURE OF INTERESTS: Nil
COUNCIL DECISION
Minute Number: 30/10/2018 - 115876
Moved: Cr J Farquhar
Seconded: Cr M Dear
That Council:
1. Accepts the trade quotation submitted by Hitachi Construction Machinery
(Australia) Pty Ltd, for RFQ09-18/19 Heavy Plant Replacement - Grader, as the
most advantageous quotation to form a Contract, for the fixed lump sum price of
$274,500.00 ($268,000.00 plus optional extras to the value of $6,500.00) excluding
GST.
2. Delegates the formation of the Contract to the Chief Executive Officer, subject to
any variations (of a minor nature) prior to entry to Contract.
3. Should a Contract not be formed within 30 business days with Hitachi
Construction Machinery (Australia) Pty Ltd, that the Chief Executive Officer may
form a Contract with the next most advantageous Tenderer.
Decision:8/0
This item is to be considered behind closed doors as per the Local Government Act 1995
5.23 (2) (c):
5.23. Meetings generally open to public
(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 —
(a) a matter affecting an employee or employees; and (b) the personal affairs of any person; and
(c) a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting; and
(d) legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting; and
(e) a matter that if disclosed, would reveal — (i) a trade secret; or
Minutes Ordinary Council Meeting 30 October 2018 78 of 79
(ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government; and
(f) a matter that if disclosed, could be reasonably expected to — (i) impair the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law; or
(ii) endanger the security of the local government’s property; or (iii) prejudice the maintenance or enforcement of a lawful measure for protecting public safety; and
(g) information which is the subject of a direction given under section 23(1a) of the Parliamentary Commissioner Act 1971; and
(h) such other matters as may be prescribed. (3) A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting.
VOTING REQUIREMENT
Simple Majority
PURPOSE
To consider offers received for the renewal of the Shire’s road grader, subject to the 2018/19
Plant Management Program.
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COUNCIL DECISION
Minute Number: 30/10/2018 - 115877
Moved: Cr M Dear
Seconded: Cr G Lodge
That Council move out of camera at 6.36pm
Decision:8/0
Members of the gallery were invited back to Chambers. The Shire President read aloud
resolutions from matters behind closed doors
17. CLOSURE The Shire President declared the meeting closed at 6.38pm