shire of pingelly · that the minutes of the ordinary meeting of the shire of pingelly held in the...

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Ordinary Meeting of Council 16 July 2003 Page 1 SHIRE OF PINGELLY Minutes of the Ordinary Meeting of Council held in the Council Chambers, 17 Queen Street, Pingelly on Wednesday, 16 July 2003, commencing at 3.30pm Table of Contents 1. Opening and Announcements ......................................................................................... 2 2. Apologies and Leaves of Absence .................................................................................. 2 2.1 Apologies ................................................................................................................... 2 3. Disclosures of Interest ...................................................................................................... 2 4. Question Time ................................................................................................................... 2 5. Confirmation of Minutes and Reports ............................................................................. 2 5.1 Ordinary Meeting – 26 June 2003 .............................................................................. 2 6. Technical Services ............................................................................................................ 3 6.1 Proposed Road Name Changes for Rural Addressing Programme ............................ 3 6.2 Proposed Tree Planting Plan ..................................................................................... 4 6.3 Manager of Works’ Report ......................................................................................... 7 7. Community Services ......................................................................................................... 8 7.1 Animal Control Officer’s Report ................................................................................. 8 7.2 Western Power – Upgrade 33kV ............................................................................... 9 7.3 Town Planning Scheme Review ................................................................................ 11 7.4 Restricting Access Times to Pingelly Waste Facility .................................................. 13 7.5 Proposed Animal ‘Cat’ Establishment - Lot 7 Brown Street, Pingelly ........................ 15 8. Finance Services ............................................................................................................... 21 8.1 Financial Statements – 30 June 2003 ........................................................................ 21 8.2 Accounts Paid by Authority – June/July 2003 ............................................................ 22 8.3 Budget Meeting 2003/04 ............................................................................................ 23 8.4 Principal Activities Plan 2003-2007 ............................................................................ 24 8.5 Group Rating of Lots 497 & 590 Review Street, Pingelly ........................................... 25 8.6 Chief Executive Officer’s Report – Finance .............................................................. 26 9. Administration Services ................................................................................................... 27 9.1 Firebreaks – Westnet Rail ......................................................................................... 27 9.2 Request to Purchase Property – 23 Parade Street, Pingelly ..................................... 28 9.3 Local Law – Standing Orders .................................................................................... 30 9.4 Chief Executive Officer – Contract of Employment .................................................... 31 10. Members Reports .............................................................................................................. 32 11. Late Items ........................................................................................................................... 33 12. Notices of Motion .............................................................................................................. 33 13. Closure ............................................................................................................................... 33

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Ordinary Meeting of Council 16 July 2003 Page 1

SHIRE OF PINGELLY

Minutes of the Ordinary Meeting of Council held in the Council Chambers, 17 Queen Street, Pingelly on Wednesday, 16 July 2003, commencing at 3.30pm

Table of Contents 1. Opening and Announcements ......................................................................................... 2 2. Apologies and Leaves of Absence .................................................................................. 2

2.1 Apologies ................................................................................................................... 2

3. Disclosures of Interest ...................................................................................................... 2 4. Question Time ................................................................................................................... 2 5. Confirmation of Minutes and Reports ............................................................................. 2

5.1 Ordinary Meeting – 26 June 2003 .............................................................................. 2

6. Technical Services ............................................................................................................ 3 6.1 Proposed Road Name Changes for Rural Addressing Programme............................ 3 6.2 Proposed Tree Planting Plan ..................................................................................... 4 6.3 Manager of Works’ Report ......................................................................................... 7

7. Community Services ......................................................................................................... 8 7.1 Animal Control Officer’s Report ................................................................................. 8 7.2 Western Power – Upgrade 33kV ............................................................................... 9 7.3 Town Planning Scheme Review ................................................................................ 11 7.4 Restricting Access Times to Pingelly Waste Facility .................................................. 13 7.5 Proposed Animal ‘Cat’ Establishment - Lot 7 Brown Street, Pingelly ........................ 15

8. Finance Services ............................................................................................................... 21 8.1 Financial Statements – 30 June 2003 ........................................................................ 21 8.2 Accounts Paid by Authority – June/July 2003 ............................................................ 22 8.3 Budget Meeting 2003/04 ............................................................................................ 23 8.4 Principal Activities Plan 2003-2007 ............................................................................ 24 8.5 Group Rating of Lots 497 & 590 Review Street, Pingelly ........................................... 25 8.6 Chief Executive Officer’s Report – Finance .............................................................. 26

9. Administration Services ................................................................................................... 27 9.1 Firebreaks – Westnet Rail ......................................................................................... 27 9.2 Request to Purchase Property – 23 Parade Street, Pingelly ..................................... 28 9.3 Local Law – Standing Orders .................................................................................... 30 9.4 Chief Executive Officer – Contract of Employment .................................................... 31

10. Members Reports .............................................................................................................. 32 11. Late Items ........................................................................................................................... 33 12. Notices of Motion .............................................................................................................. 33 13. Closure ............................................................................................................................... 33

Ordinary Meeting of Council 16 July 2003 Page 2

Ordinary Meeting of Council 16 July 2003 Page 3

Members Present Cr CF Lee President Jingaring Ward Cr DI Freebairn Deputy President Hotham Ward Cr SJ Lange Tutanning Ward Cr MG Watts Hotham Ward Cr MT Beard Kulyaling Ward Cr SJ Henderson Tutanning Ward Cr D Watts Kulyaling Ward Staff in Attendance Mr GR Carter Chief Executive Officer Mr RO Maisey Manager of Works Mr MJ Trichet Environmental Health Officer/Building Surveyor - 4.15pm to 4.56pm Observers & Visitors 1. OPENING The President, Cr CF Lee welcomed everyone present, and declared the meeting open at 3.30pm. 2. APOLOGIES AND LEAVES OF ABSENCE 2.1 Apologies Cr A Noack Jingaring Ward 3. DISCLOSURES OF INTEREST Greg Carter, CEO - Item 9.4 4. QUESTION TIME As no members of the public were present, the ordinary business of the meeting continued. 5. CONFIRMATION OF MINUTES AND REPORTS 5.1 Ordinary Meeting – 26 June 2003 Recommendation: That the Minutes of the Ordinary Meeting of the Shire of Pingelly held in the

Council Chambers on 26 June 2003, be confirmed. 8607 - Moved: CR SJ HENDERSON Seconded: CR SJ LANGE That the Minutes of the Ordinary Meeting of the Shire of Pingelly held in the Council Chambers on 26 June 2003, be confirmed subject to the following change:

On page 24, motion 8600 - include Cr CF Lee “be registered for the 2003 Local Government Week Convention.”

CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 4

6. TECHNICAL SERVICES 6.1 Proposed Road Name Changes for Rural Addressing Programme File Reference: 05.02.03 Location: N/A Applicant: N/A Date: 2 July 2003 Disclosure of Interest: Nil Author: Rob Maisey, Manager of Works Attachments: Diagram 1 - Existing Road Names Diagram 2 - Proposed Road Names Summary: Proposed changes to rural road names. Background: Due to the Rural Addressing Programme, it has become necessary to assess

the naming of the two major roads west of the Pingelly townsite in order to better describe their route and to avoid confusion when directing emergency services to rural locations.

Comment: The attached Diagram 1 illustrates the existing road names. Following

assessment of the problem and discussions with Greg Carter, CEO, I would like to propose that Council change the road names to those in Diagram 2.

Consultation: CEO Statutory Environment: N/A Policy Implications: N/A Financial Implications: Cost of new signage Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That Council call for public comment on the following proposed road

name changes:

a) Wandering North Road changed to Pingelly - Dattening Road

b) North Bannister Road changed to Pingelly - Wandering Road.

8608 - Moved: CR SJ HENDERSON Seconded: CR SJ LANGE 1. That Council seek advice from the Geographic Names Committee on a proposal to

rename Dattening (Townsite) to Taylors Well (Townsite) and further, if the name change is approved, that the section of the Wandering North Road between the York-Williams Road and the North Bannister Road be renamed Taylors Well Road.

2. That Council apply to the Geographic Names Committee to have the North Bannister Road renamed the Wandering-Pingelly Road.

CARRIED 7/0

Reason for Change: The recommendation was changed to reflect the common name of Dattening townsite.

Ordinary Meeting of Council 16 July 2003 Page 5

6.2 Proposed Tree Planting Plan File Reference: 09.03.00 Location: N/A Applicant: N/A Date: 4 July 2003 Disclosure of Interest: Nil Author: Rob Maisey, Manager of Works Attachments: Proposed planting areas 2003/04 Summary: A proposed tree planting plan to give direction and uniformity to all the parties

involved with the beautification of the Pingelly townsite. Background: To date, there has been no set plan as to what would help improve the

appearance of the town roadside vegetation. Members of the Townscape Group and Pingelly LCDC have compiled a plan for Council’s consideration outlining what they would like to see planted, where and when.

Comment: Upon receipt of the plan, I liased with Cr Lange and Mrs Dawn Box who put the

plan together. Mrs Box explained what the various tree and plant species were and how they would enhance the appearance of the town.

The proposed plan is as follows:

2003 1. Junction of Great

Southern Highway and Quadrant Street, south entrance

Plant 3 Euc. salmonophiloia (salmon gums) as feature Plant clumps of 9 Euc. caesia Plant 20 local native plants along edges

2. Other side of Quadrant Street, along east side of highway

Clean up 2m wide and plant 8 bottlebrush (Callistemon phoeniceus) Leave a small bush area same side, then deep rip and plant 2 rows of mixed shrubs up to drive-in rest area

3. Opposite side of highway from rubbish tip road to bush

3 rows of plants - mixed for 2 rows then back row Banksia attenuata.

Preparation of site All areas to be deep ripped before planting and recommend that that plants be shielded in plastic sleeves to protect from rabbits, frosts, dry hot and cold winds, accidental walking on, plus the enclosure sets up a micro climate, providing some moisture to plants in heat

Total Requirements 30 each of Callistemon phoeniceus, Calothamnus quadrifidus, Melaleuca uncinata, Hakea trifrucata (120) 9 Euc. caesia 3 salmon gums 12 Banksia attenuata

2004 1. Between Review

Street and loading bay, east side of road between rail reserve and road

2 rows of Euc. caesia Railway side of Manch. Pears 1 row of Dryandra proteoides (King Dryandra) on road verge

Preparation of site Removal of trees on road verge Deep ripping of site in 2003 Control of couch grass

Ordinary Meeting of Council 16 July 2003 Page 6

2. Park Street from Parade to Stone Streets

North side - fill in spaces between existing trees with 21 Euc. leucoxylon “rosea” South side - fill in spaces with 22 Euc. leucoxylon megalocarpa

3. East side of line - Park and Brown Streets

Park Street east

North side beside hospital to Somerset Street - 10 Euc. stoatei planted alternately with groups of 3 hakeas - Hakea laurina, Hakea multilinata, Hakea coriacea - 10 of each South side beside park - 6 Melaleuca linariifolia, 10 Mel. hamulosa, 15 Mel. conothamnoides From Stratford Street to Somerset Street - in spaces, 4 Melaleuca linariifolia, 6 Hakea multilineata Brown Street north side through to end of golf course - 34 Euc. torquata Brown Street south side - fill in with 30 Euc. torquata

4. South entrance to town along Parade Street

West side from Phillip Street to Pitt Street - fill in with 8 Euc. leucoxylon megalocarpa Taylor Street to Sharow Street - 10 Euc. sideroxylons East side of Parade Street from Sharow Street to Pitt Street - 6 Euc. torquata Encourage Moultons to plant 24 Mel. nesophilas inside fence to hide trucks

5. West side caravan park

8 Euc. leucoxylon megalocarpa

Total Requirements 140 Euc. caesia 120 Dryandra proteiodes (some of these could be direct seeded and purchase 1 tray of 56) 21 Euc. leucoxylon “rosea” 12 Euc. sideroxylon 10 Euc. stoatei 10 Hakea laurina 15 Hakea multilineata 10 Hakea coriacea 10 Melaleuca linariifolia 10 Melaleuca hamulosa 15 Melaleuca conothamnoides 80 Euc. torquata 36 Euc. leucoxylon megalocarpa

2005 Plant: Both sides of east bypass road i.e. Parker and

Review Streets Quadrant Street and railway reserve where required Queen Street Somerset Street

2006 Plant: Paragon Street

Somerset Street Raglan Street Stratford Street

2007 Plant: Sharow Street

Review Street West Pitt Street Taylor Street

2008 Plant remaining streets in townsite

Ordinary Meeting of Council 16 July 2003 Page 7

Consultation: CEO, Cr Shirley Lange, and Mrs Dawn Box. Statutory Environment: N/A Policy Implications: N/A Financial Implications: Funds for proposed works would need to be allocated in 2003/04

budget. Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That Council adopts the tree planting locations and plant species as

outlined in the proposed tree planting plan with works to be carried out as funds become available.

8609 - Moved: CR D WATTS Seconded: CR MT BEARD That the item lay on the table and it be resubmitted to the August meeting for further consideration. CARRIED 7/0 Reason for Change: The recommendation was changed to allow time for further information to be provided relating to other species of trees and the common name of trees.

Ordinary Meeting of Council 16 July 2003 Page 8

6.3 Manager of Works’ Report File Reference: 05.02.05 Date: 9 July 2003 Author: Rob Maisey, Manager of Works Officer’s Report:

Works Completed and In Progress as at 9 July 2003 Task Location Status

Seal 150m Intersection of Walwalling and Wandering North Roads

Completed 02/07/03

Green waste burn-off Refuse site Completed 04/07/03

Roadside vegetation clean-up programme Bullaring - Pingelly Road In progress

Recommendation: That Council accept the Manager of Works’ Report as presented. 8610 - Moved: CR SJ HENDERSON Seconded: CR MG WATTS That Council accept the Manager of Works’ Report as presented. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 9

7. COMMUNITY SERVICES 7.1 Animal Control Officer’s Report File Reference: 08.01.00 Date: 3 July 2003 Author: John Ayton, Animal Control Officer Officer’s Report: DATE REPORT

02/06/03 am 1 hour patrol. Public holiday so office closed. No dogs wandering. Called at house in Sharow Street to check on sick dog which owner said I could take if not better but no-one was home. Will call again next trip. Dog still looks very sick.

06/06/03 am 1 hour patrol. No complaints in dog book. 1 dog picked up at school and put in pound.

09/09/03 pm 1 hour patrol. No complaints in dog book. Dog in pound picked up by owner and fees paid.

13/06/03 pm 1 hour patrol. Had a call from Bill regarding a complaint made about 2 roo dogs knocking over bins. I called at owner’s house but no-one at home. Will call again next trip.

17/06/03 pm 1 hour patrol. Complaint in dog book about dog chasing postman. Spoke to the owner and she says she will keep the dog looked up.

22/06/03 am 1 hour patrol. Had call from postman about dog chasing him again and he has refused to deliver mail there until something is done. Arranged with the owner to have Narrogin Vet put the dog down on Thursday. The other option for her was court which she did not want.

25/06/03 pm 1 hour patrol. A special trip to try and sort out the dog that attacked the postman. After much running around and visiting various people, it turned out that there was a case of mistaken identity and the dog that was blamed was not the dog that attacked the postman. That dog is still unknown.

30/06/03 pm 1 hour patrol in late afternoon. Office closed but I rang beforehand to see if there were any complaints in the dog book of which there were not. No dogs wandering. Went to house in Sharow Street to talk to owner about wandering roo dogs but no-one at home.

Recommendation: That Council accept the Animal Control Officer’s Report as presented. 8611 - Moved: CR SJ LANGE Seconded: CR MG WATTS That Council accept the Animal Control Officer’s Report as presented. CARRIED 7/0

Mr Trichet entered the Chambers at 4.15pm.

Ordinary Meeting of Council 16 July 2003 Page 10

7.2 Western Power - Upgrade 33kV File Reference: 12.02.01 Location: Reserve 25802 Great Southern Hwy Pingelly Applicant: Western Power Date: 4 July 2003 Disclosure of Interest: N/A Author: Matthew Trichet, Environmental Health Officer/Building Surveyor Summary: Council has received advice from Western Power seeking the Pingelly Shire

Council’s endorsement for the establishment of the power upgrade infrastructure at Reserve 25802.

Background: On 27 June 2003, Council received written advice from Western Power

regarding the power upgrade to the Pingelly Brookton supply line. Western Power has provided drawings and specifications for the power upgrade and details of the new components to be installed on Reserve 25802, approximately 40m from the entrance to tip site access road, on the western side.

Comment: The power upgrade increases electricity supply from 22kV to 33kV and will

involve: -

the upgrade of the line from Narrogin direction from 22kV to 33kV;

the replacement of the existing pole with a new pole fitted with 33kV pole top terminator, the pole is to be located on the eastern side of the tip access road;

a new 10MVA 33/22KV Step down TX and compound opposite pole; and

a new 22kv and 33kv cables to be located underground crossing the tip access road.

The existing power step down unit located at the entrance to the tip site access road is to remain.

Staff Comment: The plans and specifications for the proposed power upgrade have been

provided for Council’s consideration. Similar to the existing Western Power compound at the entrance to the tip site access road, the proposed infrastructure will be located on Council Reserve 25802, which is vested with Council as common land - Recreation.

Western Power has indicated that it is their intention to enclose the

compound in a colourbond green fence. Consultation: N/A Statutory Environment: N/A Policy Implications: N/A Financial Implications: N/A Strategic Implications: N/A Voting Requirements: Simple majority

Ordinary Meeting of Council 16 July 2003 Page 11

Recommendation: That Council resolves to consider the proposed location of the necessary infrastructure and compound for the power upgrade as referred to in this report and advise Western Power that it has no objections to the establishment of the Western Power Infrastructure on Reserve 25802 as highlighted in the report and Western Power’s site drawing Number SR010297, subject to: -

(a) The proposed compound being screened with a dark green colourbond fence of at least 1800mmm in height that complements the surrounding landscape;

(b) The compound being provided with suitable warning signs and adequately secured to prevent unauthorised persons from entering the facility; and

(c) The compound being constructed in accordance with “THE SPECIFICATIONS FOR THE 10MVA TRANSFORMER COUMPOUND” provided on Western Power’s Drawing No. SR10297 - Drawing 4 of 5.

8612 - Moved: CR D WATTS Seconded: CR MT BEARD That Council resolves to consider the proposed location of the necessary infrastructure and compound for the power upgrade as referred to in this report and advise Western Power that it has no objections to the establishment of the Western Power Infrastructure on Reserve 25802 as highlighted in the report and Western Power’s site drawing Number SR010297, subject to:-

(a) The proposed compound being screened with a dark green colourbond fence of at least 1800mmm in height that complements the surrounding landscape;

(b) The compound being provided with suitable warning signs and adequately secured to prevent unauthorised persons from entering the facility; and

(c) The compound being constructed in accordance with “THE SPECIFICATIONS FOR THE 10MVA TRANSFORMER COMPOUND” provided on Western Power’s Drawing No. SR10297 - Drawing 4 of 5.

CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 12

7.3 Town Planning Scheme Review File Reference: 14.00.11 Location: N/A Applicant: Landvision Date: 4 July 2003 Disclosure of Interest: N/A Author: Matthew Trichet, Environmental Health Officer/Building Surveyor Summary: For Council to proceed with the development of the Town Planning Scheme No.

3 it is necessary that Council resolves to prepare a Town Planning Scheme No. 3 and forward a copy of Council’s resolution and the necessary documentation (as highlighted in this report) to the Minister for Planning and Infrastructure.

Background: On 27 June 2003, Council received a copy of the Town Planning Scheme

Examination Report for the Shire of Pingelly completed by Landvision. The Scheme Examination Report identifies the objectives of the existing Scheme No. 2 and recommends the need for a new scheme (No. 3).

It is a legislative requirement that the Scheme Examination Report be forwarded

to the Minister of Planning and Infrastructure for approval as part of the town planning scheme preparation process.

Comment: The Scheme Examination Report outlined that the existing Scheme has

effectively controlled and guided landuse and development, however Council is looking towards a more proactive Scheme befitting the economic realities of a country centre reliant on the fluctuating fortunes of an agricultural industry.

The Aims of the New Scheme

1. Protect areas of agricultural significance for sustainable production.

2. Encourage economic growth in rural areas by facilitating the more intensive and diversified use of rural land in appropriate areas for high value production products which are compatible with surrounding farm practices.

3. Encourage processing and value adding industries to be located within the Shire.

4. Provide opportunities for planned, contained and sustainable settlements in locations with access to services and infrastructure.

5. Provide for a range of rural lifestyle opportunities and ensure rural residential development is maintained to minimise impacts on rural land.

6. Protect and enhance rural landuse and environmental values.

7. Ensure good accessibility to services and facilities.

8. Protect the natural environment and biodiversity which ensures appropriate development opportunities within the local government are realised.

9. Promote the sustainable management of natural resources including energy, water, land, mineral and basic raw materials by preventing land degradation and integrating land and catchment management with landuse planning.

10. Provide for a range of housing choice with high level of amenity in townsites.

11. Provide for consolidated, accessible and attractive town centre with a mix of compatible uses.

12. Maximise opportunities for industrial, commercial and tourist development.

Ordinary Meeting of Council 16 July 2003 Page 13

13. Protect, maintain and enhance where possible the visual elements of the town.

14. Encourage a better utilisation of existing infrastructure and increase usage of sustainable energy resources.

Staff Comment: To progress with the development of the Shire of Pingelly Town Planning

Scheme No. 3, it is necessary that Council resolves to prepare Town Planning Scheme No. 3 and forward a copy of the resolution to the Minister, together with a map delineating the scheme area and a copy of the Scheme Examination Report.

Consultation: N/A

Statutory Environment: Town Planning and Development Act 1928

Policy Implications: N/A

Financial Implications: N/A

Strategic Implications: N/A

Voting Requirements: Simple majority

Recommendation: That Council resolves to: -

1. In pursuance of section 7 of the Town Planning and Development Act 1928 (as amended), prepare Town Planning Scheme No. 3 with reference to an area situated wholly within the Shire of Pingelly.

2. Seek an exemption from the Minister for Planning and

Infrastructure to seek public submissions on the desirability of a review of the Scheme.

3. Authorise the Chief Executive Officer to forward to the Minister:

(a) A copy of the resolution certified by the Chief Executive Officer.

(b) A map delineating the Scheme Area signed by the Chief Executive Officer.

(c) The Scheme Examination Report.

8613 - Moved: CR SJ HENDERSON Seconded: CR MT BEARD That Council resolves to: -

1. In pursuance of section 7 of the Town Planning and Development Act 1928 (as amended), prepare Town Planning Scheme No. 3 with reference to an area situated wholly within the Shire of Pingelly.

2. Seek an exemption from the Minister for Planning and Infrastructure to seek public

submissions on the desirability of a review of the Scheme. 3. Authorise the Chief Executive Officer to forward to the Minister:

(a) A copy of the resolution certified by the Chief Executive Officer. (b) A map delineating the Scheme Area signed by the Chief Executive Officer. (c) The Scheme Examination Report.

CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 14

7.4 Restricting Access Times To Pingelly Waste Facility File Reference: 08.02.05 Location: Reserve 9593 & 22955 Great Southern Hwy Pingelly Applicant: Shire of Pingelly Date: 10 July 2003 Disclosure of Interest: N/A Author: Matthew Trichet, Environmental Health Officer/Building Surveyor Summary: Due to stricter annual licensing conditions set by the Department of

Environment, Council is now obligated to ensure that the Pingelly Waste Facility is securely locked when the facility is unattended. Therefore it is recommended that Council publicly advertise for a period of one (1) month that the Pingelly Waste Facility will now only be open to the public between the hours of 7.00am and 5.00pm (7 days). Following the one month advertising period it is recommended that Council securely lock the gates to the facility between the hours of 5.00pm and 7.00am (7 days).

Background: Management and operations at the Pingelly Waste Facility are ultimately

controlled and licensed under the Environmental Protection Act 1986. The Shire of Pingelly is required to conform to strict licensing conditions to reduce the possibility of environmental contamination. Condition G4 of Council’s licence dated 30 June 2003 set by the Department of Environmental Protection states: -

“The licensee shall take the following measures for the purpose of minimising the likelihood of pollution occurring as a result of any activity conducted or proposed to be conducted in any part of the Premises:

G4. The licensee shall maintain a fence at least 1.8 m high fence around the boundary of the active landfill area. The licensee shall ensure that any entrance to the premises is securely locked when the premises is unattended.”

Comment: A sign for the Pingelly Waste Facility is already located at the entrance to the

facility. Members of the public should be aware that the site will be closed outside of 7.00am to 5.00pm.

In addition, it is necessary that members of the public be further advised

through an advertisement in the Pingelly Times for a period of one (1) month. At the expiration of the advertising period, the facility should be closed and

locked outside the hours of 7.00am to 5.00pm as of 17 August 2003.

Staff Comment: The advertising of the closure is not open to public comment. The advertising is simply to advise the public that this restriction in hours is occurring. Council needs to be of the opinion that no one should need to be disposing of rubbish in the middle of the night.

Consultation: N/A Statutory Environment: Environmental Protection Act 1986 Environmental Protection Regulations 1997 Environmental (Rural Landfill) Regulations 2002 Policy Implications: N/A

Ordinary Meeting of Council 16 July 2003 Page 15

Financial Implications: N/A Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That Council resolves to: -

1. Acknowledge the requirement set by the Department of Environmental Protection licence to ensure that any entrance to the premises is securely locked when the premises is unattended.

2. Advertise in the Pingelly Times for a period of 1 month that the

Pingelly Waste Facility will be closed outside of the hours 7.00am to 5.00pm.

3. As of 17 August 2003 close and lock the gates to the Pingelly

Waste Facility outside of the hours 7.00am to 5.00pm. 8614 - Moved: CR D WATTS Seconded: CR SJ LANGE That Council resolves to: -

1. Acknowledge the requirement set by the Department of Environmental Protection licence to ensure that any entrance to the premises is securely locked when the premises is unattended.

2. Advertise in the Pingelly Times for a period of 1 month that the Pingelly Waste

Facility will be closed outside of the hours 7.00am to 5.00pm. 3. As of 17 August 2003 close and lock the gates to the Pingelly Waste Facility outside

of the hours 7.00am to 5.00pm. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 16

7.5 Proposed Animal ‘Cat’ Establishment – Lot 7 Brown Street, Pingelly File Reference: 14.07.01 Location: Lot 7 (19-21) Brown Street Pingelly Applicant: Date: 14 July 2003 Area: 3058m2 Disclosure of Interest: N/A Author: Matthew Trichet, Environmental Health Officer/Building Surveyor Attachments: Site Plan, construction plan, scheme map Summary: On 8 July 2003, Council received a written application from

(the applicants) for approval to house up to 20 cats in an aviary type structure at the above mentioned premises.

The application was assessed as an ‘Animal Establishment’, a use that is not

listed under the Shire of Pingelly Town Planning Scheme No. 2 (the Scheme) and is therefore provided for Council’s consideration, subject to 21 days of advertising and decision by absolute majority in accordance with the Town Planning Scheme No. 2.

Background: Council’s Environmental Health Officer/Building Surveyor met with

on 4 July 2003 regarding their intention to construct an aviary-like structure at the subject property for the purpose of housing 12 cats which they own. At present, the cats are temporarily housed in kittening pens located in the applicants’ garage. The cats are of a Pedigree breed and also include show cats, Persian and exotic varieties.

On 11 July 2003, the applicants submitted a written application and plans of the

structure for Council’s consideration. The applicants are seeking Council approval to keep the animals in the proposed enclosure at the property.

The applicants are members of the Cat Owners Association of Western Australia

and have bred, showed and housed cats in the past. The applicants at this stage have indicated that there are no immediate plans for further breeding, however the applicants have applied for 20 cats (they currently own 12) to cater for future breeding programs and kitten breeding orders.

Comment: The applicants have indicated in their application letter that they reserve the right

to future breeding and would only ever breed for orders for kittens and to replenish their own breeding stock. Such activities can be deemed to be consistent with that of a commercial activity, however it is understood that this is not the primary intention of the applicant, more so to house the animals for personal use.

Legislative Requirements

Currently there is no piece of legislation controlling the keeping of cats. Council is awaiting the gazettal of Health Local Laws, which state that an owner/occupier of land within a residential zone shall not keep more than three (3) cats over the age of three months without the written approval of the local government.

Ordinary Meeting of Council 16 July 2003 Page 17

Nuisance complaints arising from the keeping of cats may be dealt with under the Health Act 1911 or the Environmental Protection Act, however this only relates to such matters as noise, cleanliness, harbourage of vermin, infections disease etc.

Provisions do arise under the Scheme where commercial activities are carried

out at a property. The applicants proposed activities do constitute a commercial activity and therefore provisions of the Scheme do apply, therefore warranting a development application.

It is important to note that the applicants are not planning to board cats for other

people at any time in the future. Reference to the Town Planning Scheme

Under the Shire of Pingelly Town Planning Scheme No.2: - The subject land is zoned Residential under the Scheme. The proposed use can

be categorised as a ‘animal establishment’”. Under the Town Planning Amendment Regulations 1999, schedule 1, an ‘animal

establishment’ means: - premises used for the breeding, boarding, training or caring of animals for commercial purposes but does not include animal husbandry – intensive or veterinary centre.

In contrast an ‘animal husbandry – intensive’ means: - premises used for keeping, rearing or fattening of pigs, poultry (for either egg or meat production, rabbits (for either meat or fur production) and other livestock in feed lots.

The use ‘animal establishment’ is not specifically mentioned in the Zoning Table of the Scheme and cannot be reasonably be determined as falling within the interpretation of one of the uses of the Zoning Table. Therefore in accordance with clause 3.2.5(b) of the Scheme, Council may determine by absolute majority that the use ‘animal establishment’’ may be consistent with the objectives and purpose of the residential zone and thereafter follow the advertising procedures of clause 6.2 and consider the application for planning consent.

Advertising

Given the proposed use of the property and taking into account the requirement of clause 6 of the Scheme, it is necessary that Council consider the application and resolve to refer the proposal to public advertising. To ensure the provisions of the scheme are met, the proposed use will be advertised in accordance with Clause 6.2 of the scheme and placed in the next available edition of the Pingelly Times inviting comment on the proposed development within 21 days. In addition, notice of the proposed development is to be served on the owners and occupiers of land within an area determined by the Council as likely to be affected by the granting of planning consent. The properties to be advised in writing of the proposed development include: -

Ordinary Meeting of Council 16 July 2003 Page 18

Name Address Premises E McGrath 23 Brown Street Pingelly Dwelling

T & A Horley 20 Shire Street Pingelly Dwelling

A Wyles 3 Parker Street Pingelly Dwelling

J Williams 17 Brown Street Pingelly Dwelling

The written notice to owners of adjacent land will state the purpose of the development and that written submissions may be made to the Council within twenty-one days of the service of such notice (refer to attached map). Aviary Type Structure

The proposed structure is 6.0m long, by 3.5m wide and 2.4m high making a total area of 21m2 (refer to attached site plan). The structure is to be made of zinc alum and course gauge wire. It is the applicants intention to concrete the floor at a later date. The structure is to be located 2.0m from the adjoining property on the western side of the property boundary and meets the minimum setback requirements provided in Council’s Town Planning Policy No. 10 – Outbuildings. Environmental Issues

The applicant has indicated that the waste/kitty litter will be collected and disposed of in the weekly refuse collection system. The provision of a concrete floor will further afford the effective cleaning of the pens. In relation to noise the provisions of the Environmental Protection (Noise) Regulation 1997 will apply to such an establishment and compliance with such legislation should be applied as a condition of approval if planning consent is issued by Council. In determining an application for a cattery, other Councils may determine to require the applicant to provide a Noise Management Plan to cater for the establishment, however at this stage, this has not be requested. Assessment of Application for Planning Consent

For Council to determine to grant planning consent it is recommended that Council resolve by absolute majority to advertise the application in accordance with clause 6.2 of the Scheme and subject to no objections being received at the expiration of the advertising period, approve the animal establishment, subject to the following conditions: -

1. The structure being located in accordance with the approved site plan and the Shire of Pingelly Town Planning Policy No. 10 – Outbuildings.

2. The establishment not being used for the boarding of other cats not owned by the applicants.

3. Noise generated from the establishment to comply with the provisions of the Environmental Protection (Noise) Regulations 1997.

4. The establishment is to be maintained in a clean state free from excrement, filth, food waste and all other matter which is likely to become offensive or injurious to health or to attract rats or other vectors of disease.

5. The internal floor of the establishment used for housing the animals, but not including the activity area is to be sealed with a smooth, durable impervious material that is easily cleanable. Furthermore, the surface is to be graded to prevent the pooling of water and the accumulation of water around surrounding premises foundations.

Ordinary Meeting of Council 16 July 2003 Page 19

6. The maximum number of cats to be housed at the premises is not to exceed 20.

Staff Comment: Precedence When assessing such a proposal based on planning grounds Council needs to be aware of the precedence that the development will establish in a residential area. Council needs to determine by absolute majority that the proposed use is consistent with that of a residential area.

Complaints

Council’s Environmental Health Officer has received one written complaint and three verbal complaints regarding the number of cats roaming the town site and the number of cats kept at a residential property. Although the complaints are not related to this area, nor the applicant, it is an issue that has arisen with the introduction of a number of cats to the town site.

In this case the applicants have recently moved to the area and are planning

to house the cats in a structure to ensure their security and well being. The structure also includes a secure play area where the cats can exercise during the day.

Consultation: N/A Statutory Environment: Town Planning Amendment Regulations 1999 Shire of Pingelly Town Planning Scheme No. 2 Environmental Protection (Noise) Regulations 1997 Extract from Town Planning Scheme No. 2

3.2.5 If the use of land for a particular purpose is not specifically mentioned in the Zoning Table and cannot reasonably be determined as falling within the interpretation of one of the uses the Council may:

a) determine that the use is not consistent with the objectives

and purposes of the particular zone and is therefore not permitted; or

b) determine by absolute majority that the proposed use may be

consistent with the objectives and purpose of the zone and thereafter follow the advertising procedures of Clause 6.2 in considering an application for planning consent.

Policy Implications: Shire of Pingelly Town Planning Policy No. 10 Financial Implications: N/A Strategic Implications: N/A Voting Requirements: Absolute majority Recommendation: That Council resolves to: -

1. To advertise the application in accordance with clause 6.2 of the Scheme; and

Ordinary Meeting of Council 16 July 2003 Page 20

2. Subject to no objections being received at the expiration of the advertising period, approve the application for planning consent for the construction of an animal establishment as submitted by on 8 July 2003, subject to the following conditions: -

a. The structure being located in accordance with the approved site plan and the Shire of Pingelly Town Planning Policy No. 10 – Outbuildings.

b. The establishment not being used for the boarding of other cats not owned by the applicants.

c. Noise generated from the establishment to comply with the provisions of the Environmental Protection (Noise) Regulations 1997.

d. The establishment is to be maintained in a clean state free from excrement, filth, food waste and all other matter which is likely to become offensive or injurious to health or to attract rats or other vectors of disease.

e. The internal floor of the establishment used for housing the animals but not including the activity area is to be sealed with a smooth, durable impervious material that is easily cleanable. Furthermore, the surface is to be graded to prevent the pooling of water and the accumulation of water around surrounding premises foundations.

f. The maximum number of cats to be housed at the premises is not to exceed 20.

3. Should objections be received at the expiration of the advertising

period, the application be referred to the August Council meeting for further consideration.

8615 - Moved: CR SJ HENDERSON Seconded: CR MG WATTS That Council resolves to: -

1. To advertise the application in accordance with clause 6.2 of the Scheme.

2. The application for planning consent for the construction of an animal establishment as submitted by on 8 July 2003, subject to the following conditions: -

a. The structure being located in accordance with the approved site plan and the Shire of Pingelly Town Planning Policy No. 10 – Outbuildings.

b. The establishment not being used for the boarding of other cats not owned by the applicants.

c. Noise generated from the establishment to comply with the provisions of the Environmental Protection (Noise) Regulations 1997.

d. The establishment is to be maintained in a clean state free from excrement, filth, food waste and all other matter which is likely to become offensive or injurious to health or to attract rats or other vectors of disease.

Ordinary Meeting of Council 16 July 2003 Page 21

e. The internal floor of the establishment used for housing the animals but

not including the activity area is to be sealed with a smooth, durable impervious material that is easily cleanable. Furthermore, the surface is to be graded to prevent the pooling of water and the accumulation of water around surrounding premises foundations.

f. The maximum number of cats to be housed at the premises is not to exceed 20.

3. At the expiration of the advertising period, refer the application to the August

Council Meeting for further consideration and review of any comments raised during the advertising period.

CARRIED 6/1

Mr Trichet left the Chambers at 4.56pm.

Ordinary Meeting of Council 16 July 2003 Page 22

8. FINANCE SERVICES 8.1 Financial Statements – 30 June 2003 File Reference: 06.15.01 Location: N/A Applicant: N/A Date: 7 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Attachments: Financial Statements for the Quarter Ending 30 June 2003 Background: Council is required to prepare quarterly financial statements during the year.

Abbreviated statements may be presented to Council for all other months. Comment: The Financial Statements enclosed represent Council’s financial activities and

status for the quarter ended 30 June 2003. These statements were correct at the time of printing this agenda. Please note

that accounts for the year ended 30 June 2003 are yet to be finalised and there may be some changes in the final accounts.

Statutory Environment: Local Government Act 1995 s.6.4

Local Government (Financial Management) Regulations 1996 reg. 34 Policy Implications: N/A Financial Implications: N/A Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That Council resolves to accept the Financial Statements for the

quarter ended 30 June 2003 as presented. 8616 - Moved: CR SJ HENDERSON Seconded: CR MT BEARD That Council resolves to accept the Financial Statements for the quarter ended 30 June 2003 as presented. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 23

8.2 Accounts Paid by Authority – June/July 2003 File Reference: 06.15.03 Location: N/A Applicant: N/A Date: 9 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Attachments: Summary of Schedule of Accounts Background: The following list represents accounts paid by authority for the months of June

and July 2003. Comment: The accounts for payment are summarised and shown in the attached list. Statutory Environment: Local Government (Financial Management) Regulations 1996 reg.

13(2) Policy Implications: N/A Financial Implications: All payments have been made in accordance with Council’s 2002/03

Budget. Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That the List of Accounts, as presented, be approved for payment.

(a) Municipal Fund - 117984856 (i) 10485 - 10574 inclusive (excluding cancelled vouchers

10486 & 10522) totalling $191,351.18 - previously paid.

(ii) Direct Debts totalling $4,239.21

(b) Trust Fund - 117984872 1022 - 1029 inclusive (including direct debts) totalling $139,865.63 - previously paid.

8617 - Moved: CR SJ LANGE Seconded: CR SJ HENDERSON That the List of Accounts, as presented, be approved for payment.

(a) Municipal Fund - 117984856 (i) 10485 - 10574 inclusive (excluding cancelled vouchers 10486 & 10522)

totalling $191,351.18 - previously paid. (ii) Direct Debts totalling $4,239.21

(b) Trust Fund - 117984872

1022 - 1029 inclusive (including direct debts) totalling $139,865.63 - previously paid.

CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 24

8.3 Budget Meeting 2003/04 File Reference: 04.05.00 Location: N/A Applicant: N/A Date: 8 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Summary: Setting of meeting date for 2003/04 Budget. Background: Council has traditionally met on a separate day from ordinary Council meetings

to discuss the adoption of the Budget. Comment: I anticipate being in a position to provide Council with detailed budget papers

towards the end of July. I would therefore suggest that Council meet soon after that time to adopt the Budget.

Consultation: Nil Statutory Environment: Local Government Act 1995 Policy Implications: Policy 7.4 Financial Implications: Nil Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That a special meeting be advertised for Wednesday, 30 July 2003 for

the purpose of adopting the Budget for the year ended 30 June 2004. 8618 - Moved: CR MT BEARD Seconded: CR MG WATTS That a special meeting be advertised for 9.00am on Wednesday, 30 July 2003 for the purpose of adopting the Budget for the year ended 30 June 2004. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 25

8.4 Principal Activities Plan 2003-2007 File Reference: 01.03.07 Location: N/A Applicant: N/A Date: 7 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Attachments: Principal Activities Plan 2003-2007 Summary: A four year plan of Principal Activities is required by the Local Government Act

1995. Background: As required by the Act, Council adopted the draft Principal Activities Plan for

2003-2007 at the May ordinary meeting of Council and then called for public submissions.

Comment: Enclosed with the meeting material is the Shire of Pingelly’s Principal Activities

Plan for 2003-2007. The closing date for submissions is 17 July 2003. At the time of writing this report, Council had received no submissions from the public.

Consultation: General public Statutory Environment: Local Government Act 1995 s.5.56 and 5.58 Policy Implications: N/A Financial Implications: N/A Strategic Implications: This will be a strategic planning document. Voting Requirements: Simple majority Recommendation: That, subject to no submissions being received, Council adopts the

Principal Activities Plan for 2003-2007 as presented. 8619 - Moved: CR SJ HENDERSON Seconded: CR D WATTS That, subject to no submissions being received, Council adopts the Principal Activities Plan for 2003-2007 as presented. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 26

8.5 Group Rating of Lots 497 & 590 Review Street, Pingelly File Reference: 14.06.01 Location: Lots 497 & 590 Review Street, Pingelly Applicant: P & I Christmass Date: 7 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Summary: Request for group rating. Background: A letter has been received from P & I Christmass requesting that lot 497 be

group rated with lot 590. Comment: The “block” (lots 497 and 590) are fenced as one property and then divided into

paddocks. The improvements are fencing, various horse shelters and a stable/feed shed.

In the past, group rating applications have been considered on a case by case

basis. These lots are contiguous and the titles are in the same name.

Consultation: Nil Statutory Environment: N/A Policy Implications: Previous group rating applications have been submitted to the Valuer

General for consideration. Financial Implications: If approved, Council would lose one minimum rate. Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That Council seek a group rate valuation from the Valuer General for

lots 497 and 590 Review Street, Pingelly. 8620 - Moved: CR DI FREEBAIRN Seconded: CR SJ LANGE That Council seek a group rate valuation from the Valuer General for lots 497 and 590 Review Street, Pingelly. LOST 3/4 Cr Lee left the Chambers at 5.33pm and Cr Freebairn took the Chair.

Ordinary Meeting of Council 16 July 2003 Page 27

8.6 Chief Executive Officer’s Report - Finance File Reference: 06.15.00 Date: 7 July 2003 Author: Greg Carter, Chief Executive Officer Officer’s Report: 1) Council’s cash balance as at 30 June 2003 is as follows: Reserve Funds $233,143.80 Municipal Funds $104,409.35 2) Debtors as at 30 June 2003 were as follows:

30/06/03 31/05/03

Rates 51,672.22 61,680.55Other Debtors 25,919.96 62,291.92Pensioner Rebates 1,741.63 5,736.58 $ 79,333.81 $ 129,867.67

Recommendation: That Council accept the Chief Executive Officer’s Report - Finance as

presented. 8621 - Moved: CR SJ LANGE Seconded: CR MT BEARD That Council accept the Chief Executive Officer’s Report - Finance as presented. CARRIED 6/0

Ordinary Meeting of Council 16 July 2003 Page 28

9. ADMINISTRATION SERVICES 9.1 Firebreaks - Westnet Rail File Reference: 03.02.05E Location: Railway Reserve Applicant: Westnet Rail Date: 7 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Summary: Westnet Rail seeking Council approval to spray firebreaks. Background: Traditionally, Westnet Rail (Westrail) has complied with the Fire Control Order by

grading. They are now seeking comments on a proposal to spray firebreaks rather than grading.

Comment: Westnet Rail advise as follows:

“As present Westnet Rail spray the ballast / formation say 3 metres each side of the rail over the entire railway network. If this width was extended to say 5 metres either side of the rail = 10 metres (where there is no road) and 5 metres and 3 metres (where there is a road) = 8 metres, then the result should be safer than the existing 3 metres firebreaks. The access road / new located firebreak would then only require grading say every 5 years.

The Cuballing Shire has allowed this for some time (access road one side -

Highway on the other - and the firebreak / access road has gradually been upgraded to all weather access. In your Shire, there would need to be an approved width allowing for where there is a road on one side and whether the rail is in cutting or on bank formation etc.

Approval is requested to trial the above section with the “common firebreak / rail

access”.” Consultation: Chief Fire Control Officer Statutory Environment: Bush Fire Act Policy Implications: N/A Financial Implications: N/A Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: That Council has no objections to Westnet Rail “spraying” firebreaks

to achieve a suitable firebreak as defined in the Fire Break Order to a width of 5 metres either side of the line where a road is not present and four metres each side where a road is present.

8622 - Moved: CR SJ HENDERSON Seconded: CR MG WATTS That Council has no objections to Westnet Rail “spraying” firebreaks to achieve a suitable firebreak as defined in the Fire Break Order to a width of 5 metres either side of the line where a road is not present and four metres each side where a road is present. CARRIED 6/0

Ordinary Meeting of Council 16 July 2003 Page 29

Cr Lee re-entered the Chambers at 5.36pm and resumed the Chair. 9.2 Request to Purchase Property - 23 Parade Street, Pingelly File Reference: 03.03.01 Location: 23 Parade Street, Pingelly Applicant: Bruce EJ Sewell Date: 7 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Summary: Offer to purchase 23 Parade Street, Pingelly (the former Telecentre). Background: The building that was used to house the Telecentre is now occupied by a private

accountant. Comment: Mr Sewell has expressed an interest in purchasing the building by private treaty

for the purpose of expanding his accounting business. As part of this, he would undertake the upgrade and renovation of the building.

Council could choose to sell the land via private treaty to comply with the Local

Government Act 1995 which would require the following procedure:

3.58. Disposing of property (1) In this section —

“dispose” includes to sell, lease, or otherwise dispose of, whether absolutely or not; “property” includes the whole or any part of the interest of a local government in property, but does not include money.

(2) Except as stated in this section, a local government can only dispose of property to — (a) the highest bidder at public auction; or (b) the person who at public tender called by the local

government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property — (a) it gives Statewide public notice of the proposed disposition —

(i) describing the property concerned; (ii) giving details of the proposed disposition; and (iii) inviting submissions to be made to the local government

before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given; and

(b) it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

Consultation: Nil Statutory Environment: Local Government Act 1995 s.3.58 Policy Implications: N/A Financial Implications: N/A Strategic Implications: N/A

Ordinary Meeting of Council 16 July 2003 Page 30

Voting Requirements: Simple majority Recommendation: 1. That the CEO arrange:

(a) A survey of the property to determine the boundary, (b) A commercial valuation from the Valuer General.

2. That a full report be prepared for the August meeting.

8623 - Moved: CR MG WATTS Seconded: CR D WATTS 1. That the CEO arrange:

(a) A survey of the property to determine the boundary (b) A commercial valuation from the Valuer General.

2. That a full report be prepared for the August meeting. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 31

9.3 Local Law - Standing Orders File Reference: 01.04.04 Location: N/A Applicant: N/A Date: 7 July 2003 Disclosure of Interest: Nil Author: Greg Carter, Chief Executive Officer Attachments: Proposed Shire of Pingelly Standing Orders Local Law Summary: Local laws pertaining to standing orders have not been finalised. Background: In August 1998, Council formally resolved to adopt local laws titled “Standing

Orders”. The process of formally adopting these local laws was never completed.

Comment: The Department of Local Government and Regional Development advise as

follows:

“The Department is currently reviewing local governments’ old local law files. During this review, it has been noted that in accordance with section 3.12(3)(a)(i) of the Local Government Act 1995 (“the Act”), first notice has been published for the Shire’s proposed Standing Orders Local Law on 17 May 2000.

We have also received a first copy of the local law in accordance with section 3.12(3)(b) of the Act. It appears however that your local government has not progressed the local law making procedure.

It has been noted that an extensive period of time has elapsed since publication of the local law’s first notice. While the Act does not expressly prescribe a timeframe in which the procedure for making local laws is to be completed, the procedure should be completed with ‘all convenient speed’ in line with the Interpretation Act 1984. Advice from the Crown Solicitor’s Office has indicated that the local law process needs to be completed in a timely way. It is the Department’s understanding that procedures which take more than a year could be subject to questions of legal validity. Accordingly, if the procedure for a local law has had delays of more than a year, the procedure should be restarted.

As the local law making procedure for the described local law has been delayed for a period longer than one year, should you wish to proceed with the law, the Department recommends that the procedure be entirely recommenced, including re-advertising in accordance with section 3.12(3)(a)(i) of the Act.”

A copy of the proposed local law is enclosed with the meeting material. Consultation: Nil

Statutory Environment: Local Government Act 1995 s.3.12

Policy Implications: N/A

Financial Implications: N/A

Strategic Implications: N/A

Voting Requirements: Simple majority

Recommendation: That the CEO present a revised Standing Orders Local Law to the August Council meeting for consideration.

8624 - Moved: CR D WATTS Seconded: CR SJ HENDERSON That the CEO present a revised Standing Orders Local Law to the August Council meeting for consideration. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 32

9.4 Chief Executive Officer - Contract of Employment File Reference: 10.07.00A - 016 Location: N/A Applicant: N/A Date: 8 July 2003 Disclosure of Interest: Greg Carter Author: Greg Carter, Chief Executive Officer Summary: Senior staff are employed on a contract basis of between 1 and 5 years. Background: My contract of employment expires on 28 January 2004. A clause of the

contract states:

“The Officer shall, not later than six (6) months prior to the expiry of the Term, notify the President of the Council in writing of the impending expiry of the Term and the parties shall then discuss the possibility of entering into a new agreement for a further term.”

The above action has been taken and it has been mutually agreed (also

discussed during Corporate Business) that the next step should be for Council to appoint a panel to discuss any future contract with the CEO.

Comment: The contract also requires that a performance review be undertaken during the

term of the contract. It would be ideal to include the review as part of the contractual negotiation process.

Consultation: Council Corporate Business June 2003 Statutory Environment: Local Government Act 1995 s.5.37 Policy Implications: Policy 9.5 Financial Implications: Nil at this stage Strategic Implications: N/A Voting Requirements: Simple majority Recommendation: 1. That the Shire President, Cr Lee and Deputy President, Cr

Freebairn carry out together with Cr Henderson the performance review and contractual negotiations with Mr Carter.

2. That any proposal to alter Mr Carter’s contract to be submitted to Council for ratification.

8625 - Moved: CR SJ LANGE Seconded: CR MT BEARD

1. That the Shire President, Cr Lee and Deputy President, Cr Freebairn carry out together with Cr Henderson the performance review and contractual negotiations with Mr Carter.

2. That any proposal to alter Mr Carter’s contract to be submitted to Council for

ratification. CARRIED 7/0

Ordinary Meeting of Council 16 July 2003 Page 33

10. MEMBERS REPORTS Cr CF Lee

23/06/03 Somerset House Management meeting. 25/06/03 - Pingelly Museum - Val Humphries from WA Museums External Support Service

visited to discuss our museum and future directives. - Tidy Towns meeting - the national winners Wyalkatchem visited to discuss the Tidy

Towns competition. Bobby Reilly told us of their efforts over the years and how they inspired their community.

27/06/03 - Unveiling of mural and mosaic at Pingelly District High School. The students’ contribution and work is outstanding.

- Council Dinner - welcome to new Councillors and farewell to retiring Councillors. 11/07/03 Shire of Corrigin Council Dinner. 15/07/03 Museum Committee meeting. Cr DI Freebairn

08/07/03 Cottage Homes AGM

Cr SJ Lange

16/06/03 - Combined Townscape/Pingelly Development Assoc. meeting to discuss the streamlining of street, direction and events signs around town. Do we continue with the blue and gold and change to something else? Use the Shire logo or the floral emblem? Use banks of signs (like in Brookton).

- Townscape group meeting. 17/06/03 Meeting with CEO and President to discuss Townscape Group and Pingelly

Development Assoc. projects. 24/06/03 Meeting with Dawn Box and Ray Buffham to discuss 5 year tree planting program. 25/06/03 - BEC and Curtin at York - seminar on Increased profits by a Waste Management

Program. - Tidy Towns - visit from Mrs Bobbie Reilly, Wyalkatchem and Sandra McKenzie,

Keep Australia Beautiful Council. - Pingelly Museum - visit from Val Humphries, Museum Extension Officer. Results of

her visit - a public meeting on 15 July 2003; Mr Ian Steel is videoing Mr Marshall as he tells the history of some of the items.

27/06/03 - School unveiling of their mosaics and mural. - Council Annual Dinner. 28/06/03 Young Ambassador Dinner for the Central Districts Agricultural Shows - Miss Sally

Wood is the winner. 30/06/03 Pingelly Development Assoc. meeting 04/07/03 Meeting with Rob Maisey and Dawn Box regarding the tree planting plan. 15/07/03 Museum Committee meeting Cr MG Watts

30/06/03 Pingelly Development Assoc. meeting 15/07/03 Museum Committee meeting Cr MT Beard

16/06/03 Pingelly Development Assoc. meeting 25/06/03 Tidy Towns meeting 15/07/03 Museum Committee meeting Cr SJ Henderson

17/06/03 BEC meeting Cr D Watts

09/07/03 Cottage Homes AGM 14/07/03 Can You Risk It? seminar in Narrogin

Ordinary Meeting of Council 16 July 2003 Page 34

15/07/03 Pingelly Museum meeting

Cr A Noack

Nil

11. LATE ITEMS Item 11.1 - Proposed Animal ‘Cat’ Establishment - Lot 7 Brown Street Pingelly is included as Item 7.5 12. NOTICES OF MOTION Nil

13. CLOSURE There being no further business, the President, Cr CF Lee thanked those present for attending, and declared the meeting closed at 5.56pm.

These minutes were confirmed at a meeting on .................................................

(insert date of meeting).

Signed ..........................................................

Presiding Person at the meeting at which the minutes were confirmed

Date ...............................................