Minutes February 02 2018 Council - Shire of East Pilbaraeastpilbara.wa.gov.au/...February-02-2018-Council.pdf · ORDINARY COUNCIL MEETING MINUTES 2 FEBRUARY, 2018 Page 8 Cr Lynne

Unconfirmed copy of Minutes of Meeting held on 2 February 2018 subject to confirmation at meeting to be held on 9 March 2018

EAST PILBARA SHIRE COUNCIL

MINUTES

ORDINARY COUNCIL MEETING

NOTICE IS HEREBY GIVEN that an

ORDINARY Meeting of the Council was held, in Council Chambers, Newman,

10.00 AM, FRIDAY, 2 FEBRUARY, 2018.

Sian Appleton

ACTING CHIEF EXECUTIVE OFFICER

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of East Pilbara for any act, omission or statement or intimation occurring during Council or Committee Meetings. The Shire of East Pilbara disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee Meetings.

Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee Meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating any planning application or application of a licence, any statement or intimation of approval made by any member or Officer of the Shire of East Pilbara during the course of any meeting is not intended to be and is not taken as notice of approval from the Shire of East Pilbara.

The Shire of East Pilbara warns that anyone who has any application lodged with the Shire of East Pilbara must obtain and should only rely on

WRITTEN CONFIRMATION

of the outcome of the application and any conditions attaching to the decision made by the Shire of East Pilbara in respect of the application.

Signed: _________________ Sian Appleton Acting Chief Executive Officer

SHIRE OF EAST PILBARA ORDINARY COUNCIL MEETING MINUTES 2 FEBRUARY, 2018

Page (i)

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............ 4

2 RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE ....... 4

2.1 ATTENDANCES .......................................................................... 4

2.2 APOLOGIES ................................................................................ 4

2.3 LEAVE OF ABSENCE ................................................................. 4

3 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE ............... 5

4 PUBLIC QUESTION TIME .......................................................................... 5

5 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................ 5

5.1 WATER CORPORATION ............................................................. 5

6 APPLICATIONS FOR LEAVE OF ABSENCE ............................................ 5

7 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING ...... 5

7.1 CONFIRMATION OF MINUTES ................................................... 5

7.2 PILBARA REGIONAL COUNCIL ORDINARY MINUTES 5 DECEMBER 2017 ........................................................................ 6

8 MEMBERS REPORT .................................................................................. 6

8.1 ITEMS FOR RECOMMENDATION .............................................. 6

8.2 ITEMS FOR INFORMATION ........................................................ 6

9 OFFICER'S REPORTS ............................................................................... 9

9.1 CHIEF EXECUTIVE OFFICER ..................................................... 9

9.1.1 CHIEF EXECUTIVE OFFICER STATUS OF COUNCIL DECISIONS - DECEMBER 2018 ................................................. 9

9.1.2 AFFIXING OF COMMON SEAL TO EMPLOYMENT CONTRACT - MANAGER CORPORATE SERVICES ................ 12

9.1.3 COUNCILLORS MONTHLY MEET & GREET ............................ 14

9.2 DEPUTY CHIEF EXECUTIVE OFFICER ................................... 18


Page (ii)

9.2.1 DEPUTY CHIEF EXECUTIVE OFFICER STATUS OF COUNCIL DECISIONS - DECEMBER 2017 .............................. 18

9.2.2 AFFIXING COMMON SEAL UNDER DELEGATED AUTHORITY ............................................................................... 23

9.2.3 2016/2017 ANNUAL REPORT ACCEPTANCE .......................... 26

9.2.4 CORPORATE GOVERNANCE FRAMEWORK REVIEW ........... 28

9.2.5 MONTHLY FINANCIAL STATEMENTS OCTOBER 2017 .......... 30

9.2.6 MONTHLY FINANCIAL REPORT - NOVEMBER 2017 .............. 33

9.2.7 CREDITORS FOR PAYMENT. ................................................... 36

9.3 DIRECTOR TECHNICAL AND DEVELOPMENT SERVICES ... 39

9.3.1 DIRECTOR TECHNICAL AND DEVELOPMENT SERVICES STATUS OF COUNCIL DECISIONS - DECEMBER 2017 ......... 39

9.3.2 PROPOSED SCHEME AMENDMENT NO.25 – BASIC SCHEME AMENDMENT TO ALIGN LOCAL PLANNING SCHEME NO.4 WITH THE PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES REGULATIONS 2015) ............ 44

9.3.3 REALLOCATE FUNDS FOR 201718 APPROVED CAPITAL PROJECTS ................................................................................ 50

9.3.4 SHIRE OF EAST PILBARA'S COMMENTS REGARDING THE WASTE AVOIDANCE AND RESOURCE RECOVERY STRATEGY CONSULTATION PAPER: WASTE AUTHORITY WA 2017 ..................................................................................... 55

9.3.5 AWARD OF RFT 07-2017/18 - WASTE MANAGEMENT SERVICES ................................................................................. 59

9.3.6 AWARD TENDER RFT 8-2017/18 - SUPPLY OF HIRED ROAD CONSTRUCTION PLANT WITH OPERATORS (SEPARABLE PORTIONS) ........................................................ 64

10 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............. 69

10.1 RECORDING OF MEETINGS– CR BIDDY SCHILL .................. 69

11 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY A DECISION OF COUNCIL .......................................................................... 69

12 CONFIDENTIAL MATTERS BEHIND CLOSED DOORS ......................... 69

13 GENERAL BUSINESS .............................................................................. 70


Page (iii)

13.1 HEALTH INSPECTOR ............................................................... 70

13.2 NULLAGINE STAFF .................................................................. 70

13.3 CARDBOARD COLLECTION WOOLWORTHS ........................ 70

13.4 CROSSWALK LEE LANE ......................................................... 70

13.5 SCOUTS LEASE OF OLD JET SPRINT AREA ........................ 70

13.6 TELSTRA OUTAGE – MARBLE BAR ....................................... 70

13.7 MARBLE BAR PARKING AREA FOR TRUCKS & RIGS ......... 71

13.8 SCHOOLS .................................................................................. 71

13.9 CUT OUTS FOR DRAINS .......................................................... 71

13.10 RUMBLE STRIPS ...................................................................... 71

13.11 WEIGHBRIDGE NEWMAN ........................................................ 71

13.12 NOTICEBOARD OUTSIDE POST OFFICE ............................... 71

13.13 SEWAGE PIT ON NEWMAN DRIVE ......................................... 72

13.14 TREES BLOCKING LIGHTS ..................................................... 72

13.15 WOOLWORTHS CAR PARK CURBING ................................... 72

13.16 NEWMAN TOWN SQUARE ....................................................... 72

14 DATE OF NEXT MEETING ....................................................................... 72

15 CLOSURE ................................................................................................. 72


Page 4

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

The Chairman declared the meeting open at 10:10 AM and welcomed the Visitors in the public gallery.

2 RECORD OF ATTENDANCES/APOLOGIES/LEAVE OF ABSENCE

2.1 ATTENDANCES

Councillors

Cr Lynne Craigie Shire President Cr Jeton Ahmedi Deputy Shire President Cr Michael Kitchin Councillor Cr Anthony Middleton Councillor Cr Anita Grace Councillor Cr Biddy Schill Councillor Cr Craig Hoyer Councillor Cr Gerry Parsons Councillor Cr Dean Hatwell Councillor

Officers

Ms Sian Appleton Acting Chief Executive Officer Mr Rick Miller Director Technical and Development

Services Mr Ben Lewis Acting Director Community Services Mrs Sheryl Pobrica Executive Services Administration Officer

Public Gallery

Mr David Hawkins WA Water Corporation Mr Rino Trolio WA Water Corporation Mrs Sue Michoff BHP

2.2 APOLOGIES

Councillor Apologies

Cr Lang Coppin OAM Councillor Cr Carol Williams

Officer Apologies

Nil

2.3 LEAVE OF ABSENCE

Nil


Page 5

3 RESPONSE TO PREVIOUS QUESTIONS TAKEN ON NOTICE

Nil

4 PUBLIC QUESTION TIME

Nil

5 PETITIONS/DEPUTATIONS/PRESENTATIONS

5.1 WATER CORPORATION

Mr Rino Trolio, Regional Manager and Mr David Hawkins, Specialist – Customer & Stakeholder for the North West Region, from the Water Corporation provided a presentation to council on projects/works within the Shire of East Pilbara.

Shire President, Lynne Craigie thanked Mr Hawkins and Mr Trolio.

10:36 AM Mr David Hawkins and Mr Rino Trolio left the Chambers.

6 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

7 CONFIRMATION OF MINUTES OF PREVIOUS COUNCIL MEETING

7.1 CONFIRMATION OF MINUTES

Minutes December 08 2017 Council.DOCX

OFFICER'S RECOMMENDATION/COUNCIL RESOLUTION: 201718/108

MOVED: Cr Michael Kitchin SECONDED: Cr Anthony Middleton

THAT the minutes of the Ordinary Meeting of Council held on 8 December 2017, be confirmed as a true and correct record of proceedings.

CARRIED RECORD OF VOTE: 9 - 0

To be actioned by Ms Sian Appleton, Acting Chief Executive Officer


Page 6

7.2 PILBARA REGIONAL COUNCIL ORDINARY MINUTES 5 DECEMBER 2017

PRC Council Minutes 05.12.2017


MOVED: Cr Anita Grace SECONDED: Cr Dean Hatwell

THAT the minutes of the Pilbara Regional Council Ordinary Meeting of Council held on the 5 December 2017, be received.



8 MEMBERS REPORT

8.1 ITEMS FOR RECOMMENDATION

Nil

8.2 ITEMS FOR INFORMATION

Cr Gerry Parsons attended:

o Australia Day 2018 Ceremony Newman

o Christmas lights competition judging Newman

o Host Bus for Community Christmas lights tour

o Scouts presentation

o SoEP Christmas party 08/12/2017

o Allen Cooper’s farewell function 09/12/2017

o Council workshop 01/02/2018

Cr Anita Grace attended:

o Pilbara Regional Council Meeting 05/12/2018

o Council Workshop 01/02/2018


Cr Biddy Schill attended:

o Community Survey Nullagine 10/12/2017

o Judging of the Christmas Lights – Nullagine

o 2 x teleconferences Cyclone preparation (Cyclone Joyce) 11 & 12/01/2018

o Australia Day 2018 Ceremony Nullagine



Page 7

Cr Craig Hoyer attended:


o SoEP Christmas Party 08/12/2017

Cr Dean Hatwell attended:

o Australia Day 2018 Ceremony Marble Bar


o Community Survey Marble Bar 08/12/2017

o 2 x teleconferences Cyclone preparation (Cyclone Joyce) 11-12/01/2018

Cr Jay Ahmedi attended:



o CEO Farewell

o Christmas lights competition judging Newman

Cr Michael Kitchin attended:



o Video Conference Supporting Communities Program for LG organisations 02/02/2018

o Marble Bar Reunion dinner 18/01/2018

o Ichihara Japan local government Council


o Community Survey Marble Bar 11/12/2017

Cr Anthony Middleton attended:

o Australia Day 2018 Ceremony



o Newman Drags Meeting 29/01/2018


Page 8

Cr Lynne Craigie attended:


o Australia Day 2018 Ceremony

o Pilbara Regional Council Meeting 05/12/2017


o Meeting with Mr Pat Bourke BHP 29/01/2018

o Newman Drags Meeting 29/01/2018

o Media interviews

o Telstra Regional Board meeting

o Meeting with Mr Kevin Michel, MLA, Member for Pilbara


Page 9

9 OFFICER'S REPORTS

9.1 CHIEF EXECUTIVE OFFICER

9.1.1 CHIEF EXECUTIVE OFFICER STATUS OF COUNCIL DECISIONS - DECEMBER 2018

File Ref: CLR-4-5

Responsible Officer: Ms Sian Appleton Acting Chief Executive Officer

Author: Mrs Sheryl Pobrica Executive Services Administration Officer

Proposed Meeting Date: 02 February 2018

Location/Address: N/A

Name of Applicant: N/A

Author Disclosure of Interest: Nil

REPORT PURPOSE

To inform of the action taken in relation to Council decisions.

BACKGROUND

Council requested to be informed of the progress and completion of previous decisions.

COMMENTS/OPTIONS/DISCUSSIONS

The status list of Council decisions is included in the agenda.

STATUTORY IMPLICATIONS/REQUIREMENTS

Local Government Act 1995 Part 2 Constitution of local government Division 2 Local governments and councils of local governments Section 2.7

(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.

POLICY IMPLICATIONS

Nil


Page 10

STRATEGIC COMMUNITY PLAN

Goal 1 – Civic Leadership – Planned Actions

The Shire of East Pilbara seeks to deliver high quality corporate governance and demonstrate accountability to its constituents. All decisions are informed by community engagement – leading to the effective allocation of the Shire’s resources – that deliver optimum benefits to the community.

1.1 Efficient and effective local government

1.1.1 Ethical, accountable and transparent decision-making

RISK MANAGEMENT CONSIDERATIONS

In order to remain transparent and to facilitate timely and appropriate decision-making it is necessary that actions items be reviewed at each Council meeting.

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple.


MOVED: Cr Dean Hatwell SECONDED: Cr Michael Kitchin

THAT the Chief Executive Officer “Status of Council Decisions” Report for the month of December 2017 be received.




Page 11

COUNCIL MEETING

DATE

ITEM NO

COUNCIL RESOLUTION

RESPONSIBLE OFFICER

ACTION TAKEN/ STATUS

ESTIMATED COMPLETION

DATE 25 August 2017 12.1.2 AVIAIR PILBARA-RPT

AIR SERVICE MOU CEO On Going

22 September 2017

13.5 DESERT ROAD TRAIL SITES Cr Lang Coppin asked if a letter could be written to the mining companies in the Shire of East Pilbara region for sponsoring the Desert Road Trail whether it is to donate towards signage on the Trail especially Newcrest, Nifty, Woodie Woodie where the trail is close to their mining site. Chief Executive Officer to follow up.

CEO Letter sent awaiting on response

Dec 2017

22 September 2017

13.6 SPONSORSHIP FOR COMMUNITY AREAS Cr Lang Coppin asked if a letter could be written to the mining companies within the Shire of East Pilbara for sponsorship e.g. Rio Tinto, Millennium, FMG, Roy Hill, e.g. Marble Bar Skate Park, Marble Bar Golf Course, shade over community facilities, Nullagine. Chief Executive Officer to follow up.

CEO The Executive Team met with Millennium / Roy Hill – awaiting further response. No other responses received.

Dec 2017

8 December 2017

9.1.4 ALTERNATIVE QUEEN'S BIRTHDAY PUBLIC HOLIDAY 2018

ESAO Letter has been sent to the department 13/12/2017 by ESAO – waiting for approval and gazetted for advertising the dates

In Progress

8 December 2017

9.1.5 LOCAL GOVERNMENT ACT 1995 REVIEW: PHASE 1

CES In Progress


Page 12

9.1.2 AFFIXING OF COMMON SEAL TO EMPLOYMENT CONTRACT - MANAGER CORPORATE SERVICES

File Ref: ADM-1-1


Author: Mr David Kular Manager Human Resources





REPORT PURPOSE

To note the approval to affix the common seal of the Shire of East Pilbara to the employment contract of the Manager Corporate Services.

BACKGROUND

Council has employed Mrs Lisa Davis to the position of Manager Corporate Services. The term of the contract is for three years, from 5th January 2018, and expiring on 31 4th January 2021.


Nil


Nil

POLICY IMPLICATIONS

Policy: Council’s Policy Manual 2017-2018 4.5 Execution of Documents

EXECUTION OF DOCUMENTS Minute No: Item 9.2.4 Date 9th December 2016 Objective To allow for the proper execution of documents. Policy All documents validly executed will have the common seal affixed and any two of the following: the Shire President, Chief Executive Officer or Deputy Chief Executive Officer’s attestations affixing the seal. Use of the common seal is to be recorded in the common seal register and must have the Council resolution number included and the date that the seal was applied.


Page 13


Nil


Nil


Resource requirements are in accordance with existing budgetary allocation.

VOTING REQUIREMENTS

Simple.


MOVED: Cr Dean Hatwell SECONDED: Cr Craig Hoyer

THAT Council note the common seal be affixed to the employment contract between the Shire of East Pilbara and Mrs Lisa Davis, Manager Corporate Services for a term of three years (3) from 5th January 2018 to 4th January 2021.


To be actioned by Mr David Kular, Manager Human Resources


Page 14

9.1.3 COUNCILLORS MONTHLY MEET & GREET

File Ref: CLR -4-5







REPORT PURPOSE

To set the dates for the Councillors monthly meet and greet for 2018.

BACKGROUND

At the October 2017 Council Meeting, the following resolution for 11.1.3

COUNCIL RESOLUTION: 201718/60

MOVED: Cr Gerry Parsons SECONDED: Cr Anita Grace

THAT item 11.1.3 Councillors Monthly Meet & Greet be deferred until next Ordinary Council Meeting on 8th December 2017.


Reason for Non Acceptance of Officer’s Recommendation and deferred item 11.1.3: Council felt it would be better to hold the Councillors Meet and Greet aligning with the Newman Markets and to include Nullagine and Marble Bar, Officer to provide dates to Council at OCM08122017.

To be actioned by Mrs Sheryl Pobrica, Executive Services Administration Officer The reason for not being presented to Council in December, as Newman Mainstreet had not set the dates for the Red Desert Events Markets; Council has now received as below for 2018.


Page 15

Newman Saturday 10th February 2018 Community / Business Expo / Valentines Markets Saturday 31st March Easter markets – Visitors Centre Easter Egg Hunt, Market Stalls Sunday 6th May Mothers Day Markets – Town Square Saturday 28th July Town Square Anniversary – Town Square Saturday 1st September Fathers Day Market – The Beach Trash & Treasure / Car Boot Sale 31st October – Halloween Details TBA December Christmas Details TBA Marble Bar Markets are held on the last Sunday of each month from April to October held at the RSL Park 9am. This is organised by the Marble Bar Progress Association (08) 9176 1053. Nullagine do not have markets, in 2017, Nullagine held a Market, when the prospectors were in town and this was successful. If in 2018 this will be going ahead maybe have the Councillors Meet and Greet on this day. Normally if anyone from the community has a query, they will contact the Councillor/s direct.


The dates are to be set at the October meeting of Council annually.


Nil


Page 16

POLICY IMPLICATIONS



1.3 Engaged community

1.3.1 Increase community awareness


Nil


No financial resource impact.


Page 17

VOTING REQUIREMENTS

Simple.


MOVED: Cr Anita Grace SECONDED: Cr Michael Kitchin

THAT Council;

1. Endorse the dates listed below for the Newman Councillors Monthly Meet and greet.

DAY TIME DATE WHERE

Saturday TBA 10th February 2018 Rec Centre

Saturday TBA 31st March 2018 Visitors Centre

Saturday 10-12pm 23rd April 2018 Boulevard Shopping Centre

Sunday TBA 6th May 2018 Town Square

Saturday 10-12PM 16th June 2018 Parnawarri Shopping Centre

Saturday TBA 28th July 2018 Town Square

Saturday 10am – 12pm 18th August 2018 Boulevard Shopping Centre

Saturday TBA 1st September 2018 The Beach

Saturday TBA 31st October 2018 TBA

Saturday TBA December 2018 TBA

2. Marble Bar Councillors meet and greet to align with the Monthly Sunday Markets from April to October each year.

3. Nullagine Councillors meet and greet to align with community events as they occur.

4. Advertise on Shire notice boards, the website and face book.


To be actioned by Mrs Sheryl Pobrica, Executive Services Administration Officer


Page 18

9.2 DEPUTY CHIEF EXECUTIVE OFFICER

9.2.1 DEPUTY CHIEF EXECUTIVE OFFICER STATUS OF COUNCIL DECISIONS - DECEMBER 2017

File Ref: CLR-4-5







Cr Anita Grace left the Chambers at 11:22 AM

REPORT PURPOSE


BACKGROUND



The status list of Council decisions is included to the agenda.



(1) The council –






POLICY IMPLICATIONS

Nil


Page 19









Nil

VOTING REQUIREMENTS

Simple.


MOVED: Cr Dean Hatwell SECONDED: Cr Gerry Parsons

THAT the Deputy Chief Executive Officer “Status of Council Decisions” Report for the month of December 2017 be received.




Page 20

COUNCIL MEETING

DATE

ITEM NO

COUNCIL RESOLUTION DIRECTORATE ACTION TAKEN/ STATUS


DATE 28 July 2017 13.2 NULLAGINE CARAVAN PARK

Cr Biddy Schill said the toilet block at the Nullagine Caravan Park requires an urgent upgrade as they are unacceptable for use; especially it is now tourist season. Cr Biddy Schill would like this brought back to Council regarding the condition of the toilet block. Ms Sian Appleton, Deputy Chief Executive Officer to follow up.

DCEO Report being provided re-future of Nullagine Caravan Park

April 2018

27 October 2017

11.2.4 PROPOSAL TO DEVELOP A RECONCILATION ACTION PLAN

MCW RAP Commenced.

27 October 2017

15.8 GALLOP HALL TOILET BLOCK Cr Biddy Schill said the toilets next to Gallop Hall have been refurbished but when people are using the hall they can only use one toilet, as the other one is used for the CRC staff, and asking why they are locked and should be used for public using the Gallop Hall. Ms Sian Appleton, Deputy Chief Executive Officer to follow up

DCEO To be considered at Budget Review

8 December 2017

9.2.3 REVIEW OF POLICY 4.3 CONFERENCES-STUDY TOURS

CG Completed

8 December 2017

9.2.4 PROPOSED NEW POLICY 6.12 - ANNUAL THANK A VOLUNTEER AND THE AUSTRALIA DAY WA, COMMUNITY CITIZEN OF THE YEAR (COTY) AWARDS

MCW Completed

8 December 2017

9.2.5 AUDIT COMMITTEE REPORT DCEO Completed

8 December 2017

13.2 COMMUNITY BANNER POLES Cr Biddy Schill noted that there are a number of community banners around Newman but none have been put up in Nullagine. Ms Sian Appleton, Deputy Chief Executive Officer to follow up for Nullagine and Marble Bar.

DCEO New Banners have been ordered.

Completed


Page 21

COUNCIL MEETING

DATE

ITEM NO



DATE 8 December

2017 13.3 RECORDING OF COUNCIL

MEETING MINUTES Cr Biddy Schill asked if the audio from Council meetings could be recorded. Shire President Lynne Craigie suggested that the meeting minutes be typed live on the projector as has been done previously. Ms Sian Appleton, Deputy Chief Executive Officer to follow up.

DCEO Member Motion in agenda

Completed

8 December 2017

13.4 NEWMAN AQUATIC CENTRE Opening Hours Cr Gerry Parsons asked if the Newman Aquatic Centre can look at extending their opening hours as it is starting to heat up. Ms Sian Appleton, Deputy Chief Executive Officer advised that the extended summer opening hours will commence soon.

DCEO Summer hours have been introduced

Completed

8 December 2017

13.7 DISCLOSURE OF ORGANISATIONAL RELATIONSHIPS Cr Anita Grace stated that at the recent PRC meeting, a question was asked on whether the Shire’s relationship with the PRC needs to be disclosed in relation to the related party disclosure form. Ms Sian Appleton, Deputy Chief Executive Officer to follow up.

DCEO Coordinator Governance following up

March 2018

8 December 2017

13.8 COUNCILLOR KNOWLEDGE OF THE SHIRE Cr Lang Coppin asked if it would be possible to arrange an internal trip across the Shire for all Councillors in an effort to increase their working knowledge on its communities. Shire President Lynne Craigie said that this would be logistically difficult and suggested that staff produce a photo and information session to be presented by Council. Ms Sian Appleton, Deputy Chief Executive Officer to follow up.

DCEO With the Media Relations Department

April 2018


Page 22

COUNCIL MEETING

DATE

ITEM NO



DATE 8 December

2017 13.15 MARBLE BAR RACE CLUB

TOWER Further to previous discussion, Cr Michael Kitchin raised the concern about the instability of the commentator’s tower at the Marble Bar Race Club. Cr Kitchin asked if the Shire could potentially have any duty of care or liability. Mr Allen Cooper, Chief Executive Officer said that the Shire’s Building and Assets unit can investigate the structure and if it is deemed unstable it can be cordoned off; but noted that this is ultimately not the Shire’s responsibility.

MAP/ADC Inspection undertaken. Acting Director Community Services to comment

Completed


Page 23

9.2.2 AFFIXING COMMON SEAL UNDER DELEGATED AUTHORITY


Author: Ms Dawn Brown Contract and Procurement Officer





REPORT PURPOSE

This report is to advise Council of the documents that have had the Shire of East Pilbara’s Common Seal affixed under delegated authority since the Council Meeting held 8th December, 2017.

BACKGROUND

There is only one document that has had the Shire’s Common Seal affixed under delegated authority, being: Deed of Surrender of Sub Lease – Portion of Reserve 39519 – Newman Kart

Club (Inc) (Sub Lessor) and Newman Jetsprint Boat Club (Inc.) (Sub Lessee), whereby the Sub Lessee, Newman Jetsprint Boat Club (Inc) has agreed to surrender the Sub Lease effective from the 5th November, 2017.


There is one document that has had the Shire’s Common Seal affixed under delegated authority since the last Council meeting as per:-

Document Details Parties Synergy TC No.

Deed Deed of Surrender of Lease Newman Jetsprint Boat Lease TC2010148


Local Government Act 1995, Part 9, Division 3, s.9.49A Execution of Documents.

POLICY IMPLICATIONS

4.5 EXECUTION OF DOCUMENTS Minute No: Item 9.2.4 Date: 9th December 2016


Page 24

Objective To allow for the proper execution of documents. Policy All documents validly executed will have the common seal affixed and any two of the following: the Shire President, Chief Executive Officer or Deputy Chief Executive Officer’s attestations affixing the seal. Use of the common seal is to be recorded in the common seal register and must have the Council resolution number included and the date that the seal was applied. Delegation From: Council Delegation To: Chief Executive Officer Council File Reference: ADM-14-9 Legislative Authority for Delegation: S5.42 Local Government Act 1995 And Delegated Authority as per: Power/Duty/Authorisation Delegated: Authority to prepare the necessary documentation to execute documents taking into account any specific or policy requirements of council where: The Council has authorised entering into a formal contract or a formal contract is considered necessary by the Chief Executive Officer as part of the day to day operation of the Council or a formal contract is authorised under a delegated authority from the Council. Authority for exercise of Power/Duty/Authorisation Conditions attached to Delegation Also refer to Council’s Standing Orders Local Law Date of Delegation ______________________ Delegator (Shire President) ___________________





1.1.1 Ethical, accountable and transparent decision-making Responsible officer: DCEO Timing: As appropriate


Page 25


Should Council not be informed of the documents that have had the Common Seal affixed under delegated authority, the Shire will fail to abide by their Execution of Documents Policy which clearly states that “Use of the common seal is to be recorded in the common seal register and must have the Council resolution number included and the date that the seal was applied”.



VOTING REQUIREMENTS

Simple.


MOVED: Cr Craig Hoyer SECONDED: Cr Dean Hatwell

THAT Council note that the Common Seal has been affixed under delegated authority to the Deed of Surrender of Sub Lease – Portion of Reserve 39519 – Newman Kart Club (Inc) (Sub Lessor) and Newman Jetsprint Boat Club (Inc.) (Sub Lessee)


To be actioned by Ms Dawn Brown, Contract and Procurement Officer


Page 26

9.2.3 2016/2017 ANNUAL REPORT ACCEPTANCE

Attachments: Annual Report 2016-2017


Author: Mrs Lisa Davis Manager Corporate Services





REPORT PURPOSE

For Council to review and accept the Annual Report for the financial year 2016/17.

BACKGROUND

The 2016/2017 Annual Report is attached under separate cover.


Under the Local Government Act, S5.53, a local government is to prepare an annual report for each financial year. The Annual Report is to be accepted by the local government no later than 31 December after that financial year or no later than 2 months after the auditor’s report becomes available.


Part 5 - Administration (Division 2 - Council meetings, committees and their meetings and electors’ meetings) (Subdivision 4 - Electors’ meetings) 5.27. Electors’ general meetings (pg 145) Part 5 - Administration (Division 5 - Annual reports and planning) 5.53. Annual reports (pg 159) Part 5 - Administration (Division 5 - Annual reports and planning) 5.54. Acceptance of annual reports (pg 160) Part 5 - Administration (Division 5 - Annual reports and planning) 5.55. Notice of annual reports (pg 160) Part 5 - Administration (Division 5 - Annual reports and planning) 5.56. Planning for the future (pg 160)

POLICY IMPLICATIONS

Nil


Page 27






1.1.2 Continued strong financial management Responsible officer: DCEO Timing: 1 year

1.1.3 Effective business management Responsible officer: DCEO Timing: 1-3 years


There is a legislative requirement for a local government to accept an Annual Report each financial year under the Local Government Act 1995. Non-acceptance of the annual report would cause a legislative breach.



VOTING REQUIREMENTS

Absolute.


MOVED: Cr Gerry Parsons SECONDED: Cr Craig Hoyer

THAT Council accept the 2016/2017 Annual Report as presented.

CARRIED BY ABSOLUTE MAJORITY RECORD OF VOTE: 8 - 0

To be actioned by Mrs Lisa Davis, Manager Corporate Services


Page 28

9.2.4 CORPORATE GOVERNANCE FRAMEWORK REVIEW

Attachments: Corporate Governance Framework


Author: Mrs Kylie Bergmann Coordinator Governance





REPORT PURPOSE

To adopt the Corporate Governance Framework which has been reviewed for 2018.

BACKGROUND

The Corporate Governance Framework has been developed to ensure compliance with legislation and best practice democratic local government. The framework provides an overview of the governance program that has been put in place in order to assist elected members, management and employees in meeting their governance responsibilities.


The Corporate Governance Framework was implemented in 2014 and last reviewed in 2016 (biannual reviews). Some amendments have been made to the Corporate Governance Framework which are shown in red (track changes). An action plan has also been created to ensure compliance with the Corporate Governance Framework and show areas of improvement.


There is no statutory requirement for local governments to have a Corporate Governance Framework. However, it is good practice to do so to ensure that:

The organisation meets legal and ethical compliance; Decisions are made in the interests of stakeholders; and The organisation behaves as a good corporate citizen should.

POLICY IMPLICATIONS

Nil.




Page 29





The Shire has in place a set of risk management policies and procedures. The purpose of the Corporate Governance Framework is to ensure that those policies and procedures are working as best they can, and that staff are adhering to those policies and procedures.



VOTING REQUIREMENTS

Simple.


MOVED: Cr Gerry Parsons SECONDED: Cr Michael Kitchin

THAT Council adopt the Corporate Governance Framework 2018-2020 and associated action plan/assessment tool.


To be actioned by Mrs Kylie Bergmann, Coordinator Governance


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9.2.5 MONTHLY FINANCIAL STATEMENTS OCTOBER 2017

Attachments: October 2017


Author: Mrs Noelene Holmes Coordinator Financial Services





REPORT PURPOSE

To provide Councillors with a monthly financial statement on the operations of Council.

BACKGROUND

The attached 11-page report details the financial activities of the Council for the period 1st July 2017 to 31st October 2017 of the 2017/2018 financial year – There are 4 sections of the monthly report:

1. An operating statement comparing income and expenditure to the adopted budget for each function of Council.

2. A more detailed schedule which breaks the operating statement down into the various operational sections and departments of Council.

3. A schedule detailing all expenditure for the year to date for individual capital items.

4. A statement of cash flows.


The Deputy Chief Executive Officer will provide and overview and explanation as required of how to interpret the financial statement at the meeting. Reportable variations in accordance with accounting policies are as follows:


Local Government Act 1995 Part 6 Financial Management Division 4 General financial provisions Section 6.4(2) “The financial report is to –


Page 31

(a) be prepared and presented in the manner and form prescribed; and (b) contain the prescribed information.” Local Government (Financial Management) Regulations 1996 Part 4 Financial reports Reg 34(1) - “A Local Government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22 (1)(d), for that month in the following detail – (a) annual budget estimates … (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to

which the statement relates; (d) material variances between the comparable amounts referred to in paragraphs

(b) and (c); and (e) the net current assets at the end of the month to which the statement relates.”

POLICY IMPLICATIONS

3.1 ACCOUNTING POLICIES


Nil








This report is part of ensuring that risk matters are reviewed periodically.


This report discloses financial activities for the period under review.


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VOTING REQUIREMENTS

Simple.


MOVED: Cr Anthony Middleton SECONDED: Cr Craig Hoyer

That the monthly financial statements for the period 1st July 2017 to 31st October 2017 of the 2017/2018 financial year as presented be received.


To be actioned by Mrs Noelene Holmes, Coordinator Financial Services


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9.2.6 MONTHLY FINANCIAL REPORT - NOVEMBER 2017

Attachments: November 2017


Author: Ms Noelene Holmes Coordinator Financial Services





REPORT PURPOSE

To provide Councillors with a monthly financial statement on the operations of Council.

BACKGROUND

The attached 11-page report details the financial activities of the Council for the period 1st July 2017 to 30th November 2017 of the 2017/2018 financial year – There are 4 sections of the monthly report:

5. An operating statement comparing income and expenditure to the adopted budget for each function of Council.

6. A more detailed schedule which breaks the operating statement down into the various operational sections and departments of Council.

7. A schedule detailing all expenditure for the year to date for individual capital items.

8. A statement of cash flows.


The Deputy Chief Executive Officer will provide and overview and explanation as required of how to interpret the financial statement at the meeting. Reportable variations in accordance with accounting policies are as follows:


Local Government Act 1995 Part 6 Financial Management Division 4 General financial provisions Section 6.4(2) “The financial report is to –


Page 34

(a) be prepared and presented in the manner and form prescribed; and (b) contain the prescribed information.” Local Government (Financial Management) Regulations 1996 Part 4 Financial reports Reg 34(1) - “A Local Government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22 (1)(d), for that month in the following detail – (a) annual budget estimates … (b) budget estimates to the end of the month to which the statement relates; (c) actual amounts of expenditure, revenue and income to the end of the month to

which the statement relates; (d) material variances between the comparable amounts referred to in paragraphs

(b) and (c); and (e) the net current assets at the end of the month to which the statement relates.”

POLICY IMPLICATIONS

3.1 ACCOUNTING POLICIES


Nil








The report is part of ensuring that risk matters are reviewed periodically


This report discloses financial activities for the period under review.


Page 35

VOTING REQUIREMENTS

Simple.

VOTING REQUIREMENTS

Simple.


MOVED: Cr Gerry Parsons SECONDED: Cr Dean Hatwell

That the monthly financial statements for the period 1st July 2017 to 30th November 2017 of the 2017/2018 financial year as presented be received.


To be actioned by Mrs Noelene Holmes, Coordinator Financial Services


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9.2.7 CREDITORS FOR PAYMENT.

File Ref: FIN10-2

Attachments: Creditors for Payments


Author: Mrs Teresa Southwell Expenditure Finance Officer





11:26 AM Cr Anita Grace returned to the Chambers

REPORT PURPOSE

Council endorsement of payment to creditors.

BACKGROUND

As per the attachment list, outlines payments made to creditors since the Council meeting on the 08 December 2017.


FUND VOUCHER AMOUNT EFT Payments Eft #41322 - #42155 4,043,265.88 Total $4,043,265.88 Cheque Payments Chq #24428 - #24463 14,808.02 Direct Debits DD11156.1 – DD11370.9 275,641.54 Manual Cheques Chq #306 - #306 889.50 Total $291,339.06 GRAND TOTAL $4,334,604.94 Please note the computer system allows for only a limited field for the description of goods/services purchased, therefore the description shown on the attached Schedule of Accounts may not show the entire description entered for the goods/services purchased.

CANCELLED AND UNUSED CHEQUES:

UNUSED CHEQUES

CANCELLED CHEQUES & EFTS


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EFT 41324; 41325; 41327; 41408 – 41441 (Synergy error); 41445; 41452; 41460 – 41469; 41643; 41657; 41884 Cheques 24406; 24269 & 24384


Local Government (Financial Management) Regulations 1996 Part 2 – General financial management Reg 11 (1) A local government is to develop procedures for the authorisation of, and the

payment of, accounts to ensure that there is effective security for, and properly authorised use of – (a) cheques, credit cards, computer encryption devices and passwords,

purchasing cards and any other devices or methods by which goods, services, money or other benefits may be obtained; and

(b) petty cash systems. Local Government (Financial Management) Regulations 1996 Part 2 – General financial management Reg 12 (1) A payment may only be made from the municipal fund or the trust fund –

(a) if the local government has delegated to the CEO the exercise of its power to make payments from those funds – by the CEO; or

(b) otherwise, if the payment is authorised in advance by a resolution of the council.

(2) The council must not authorise a payment from those funds until a list

prepared under regulation 13(2) containing details of the accounts to be paid has been presented to the council.

POLICY IMPLICATIONS

Nil


Nil.


Nil


Total expenses of $4,334,604.94

VOTING REQUIREMENTS

Simple.


MOVED: Cr Anita Grace SECONDED: Cr Dean Hatwell


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THAT Council endorse the payments: FUND VOUCHER AMOUNT EFT Payments Eft #41322 - #42155 4,043,265.88 Total $4,043,265.88 Cheque Payments Chq #24428 - #24463 14,808.02 Direct Debits DD11156.1 – DD11370.9 275,641.54 Manual Cheques Chq #306 - #306 889.50 Total $291,339.06 GRAND TOTAL $4,334,604.94


To be actioned by Mrs Teresa Southwell, Expenditure Finance Officer


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9.3 DIRECTOR TECHNICAL AND DEVELOPMENT SERVICES

9.3.1 DIRECTOR TECHNICAL AND DEVELOPMENT SERVICES STATUS OF COUNCIL DECISIONS - DECEMBER 2017

File Ref: CLR-4-5

Attachments: Memo Tabled for Councillors Reading

Responsible Officer: Mr Rick Miller Director Technical and Development Services






REPORT PURPOSE


BACKGROUND



The status list of Council decisions is included as an attachment to the agenda.



(1) The council –






POLICY IMPLICATIONS

Nil


Page 40









Nil

VOTING REQUIREMENTS

Simple.


MOVED: Cr Gerry Parsons SECONDED: Cr Anita Grace

THAT the Director Technical and Development Services “Status of Council Decisions” Report for the month of December 2017 be received.


To be actioned by Mr Rick Miller, Director Technical and Development Services COUNCIL MEETING

DATE

ITEM NO



DATE 28 Jul 2017

11.2.1 DESERT ROAD MASTER PLAN Project Implementation - Cr Lang Coppin

MDS-P Refer to Information Bulletin Letters seeking support funding has been sent to various mining companies and awaiting responses.

Ongoing

28 September

2012

13.4 NEW ROAD LINKED TO LIGHT INDUSTRIAL AREA (LIA) – NEWMAN - Cr Shane Carter

MDS-P Refer to Information Bulletin Funding in budget to prepare RFQ to carry out detailed design and costings

Jun 2018

28th October

2016

13.7 GARDEN BED NEWMAN DRIVE Cr Lynne Craigie said the garden beds on Newman Drive, next to the Chicken Treat Van needs attention.

DTDS WSPG

Design and costings have been prepared and are to be reviewed then partnership discussions with BHP to share costs will be followed up. This item has been placed on hold due to other project priorities but will be reactivated in new year.

Mar 2018


Page 41

COUNCIL MEETING

DATE

ITEM NO



DATE 9

December 2016

13.5 SIGNAGE REGARDING NEWMAN TOWN Cr Lynne Craigie asked if it is possible for signs to be erected on Great Northern Highway to advise of what services are available in Newman.

MDSP Communication has been had with NCCI regarding this matter. We are waiting on feedback from the NCCI on next steps. To be followed up by Manager Development Services – Planning to confirm with NCCI the details and priority of proposal once he is back from annual leave in early February.

Mar 2018

28 July 2017

13.3 SIGNAGE NULLAGINE Cr Biddy Schill asked regarding the signage policy as there is a sign at the front entrance of the triangle park and is very distracting, does it require permission by the Shire?

MDSP To be investigated by Planning Manager as to the sign locations and approvals. Site investigations have been undertaken and discussion held with hotel owner about 2 unauthorised Hotel signs, one on the Hotel’s property and one in our road reserve (not UCL 248). The applicant will be advised to submit a Development Application for the two subject signs so they can be formally assessed by shire officers.

Mar 2018

8 December

2017

13.14 MARBLE BAR AIRPORT Cr Michael Kitchin asked what sorts of airplanes are capable of landing at the Marble Bar airport, as small planes routes could be utilised to increase tourism. Mr Rick Miller, Director Technical and Development Services to follow up.

MCA Marble Bar airport – uncertified Aircraft Landing Area 1.2km x 23m wide sealed. Generally facilitates Caravan Cessa 208 (14 PAX) To take Embraier Brasilla (30 PAX) in regular basis runway would need to be lengthened to meet code 2 requirements

Complete

8 December

2017

13.16 CAPRICORN OVAL CCTV Cr Craig Hoyer said that there have recently been a number of break-ins at the football clubs around Capricorn Oval. The sporting groups and Newman Police have noted that the CCTV cameras in place are not of suitable quality to identify culprits and they are sometimes turned off. Mr Rick Miller, Director Technical and Development Services to follow up and provide a report.

MCS/CRES MAP

Unfortunately there will be occasions when facial recognition cannot be obtained. This is due to distance that a person may be from the camera as well as lighting at a specified time. The Pioneers FC camera is located on a pole east of the building and would be approximately 20 metres from the front entrance The maintenance contractor has advised that the cameras utilise minimal power. The annual cost to power a camera would be

Complete


Page 42

COUNCIL MEETING

DATE

ITEM NO



DATE around $20. The Shire will calculate and confirm an amount and credit to the club I cannot comment on what dates the camera was turned off during the 2017 Season. I can advise that the camera is currently operational and in the event it becomes faulty, it will be repaired as soon as possible. The general purpose of the cameras is to maintain protection deterrence for shire assets and deter crime and anti-social behaviour throughout the town. This is not always clear and some have not been placed in suitable locations. To allow the community and customers to understand the functions and obligations of the cameras, staff are auditing all sites and preparing a strategic report. This will make clear the functions and limitations plus obligations for all stakeholders and facilitate better decisions when considering security and safety. This has commenced and will be complete by April 2018.

8 December

2017

13.18 DRAG RACING EVENTS Shire President Lynne Craigie stated that she recently learnt that the City of Albany are hosting drag racing events at the local airport via a special events permit. As drag racing events used to be very popular in Newman and are still talked about, she asked if this could be investigated for Newman. Mr Rick Miller, Director Technical and Development Services to follow up with the City of Albany CEO and former organiser of drag racing events in Newman.

MDA The request has been investigated and while a good idea the economics and risk to Council far outweigh any benefits. As a summary we would need to close the airport for a minimum of 3 days and as we are a 7 day a week airport this would be challenging. Albany is a completely different demographic to Newman in regards, to tourist numbers and proximity to Perth. They have two runways and we have one, therefore no backup. As we are much larger the logistics are more challenging as we process 311,000 PAX/year and

Complete


Page 43

COUNCIL MEETING

DATE

ITEM NO



DATE Albany does 50,000 PAX/yr. The recommended solution should a event wish to be pursued would be to seek out an alternative location. A detailed report will be tabled

8 December

2017

13.19 SOLAR POWER Shire President Lynne Craigie noted that the City of Albany plans to use large areas of spare land at the airport to install solar panels. She asked if a similar venture could be investigated for Newman. Mr Rick Miller, Director Technical and Development Services to follow up.

MDA We do use some solar at the moment to provide power at the airport. We did start to put together some proposal through the clean energy fund but this was shut down before an application could be submitted. Our demographics are different to Albany but solar and other proposal to secure best use of land will be developed and given guidance through the airport master plan that is currently being initiated.

Complete


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9.3.2 PROPOSED SCHEME AMENDMENT NO.25 – BASIC SCHEME AMENDMENT TO ALIGN LOCAL PLANNING SCHEME NO.4 WITH THE PLANNING AND DEVELOPMENT (LOCAL PLANNING SCHEMES REGULATIONS 2015)

File Ref: PLN -1-12

Attachments: East Pilbara Scheme Amendment Report


Author: Mr Ryan Del Casale Manager Development Services - Planning


Location/Address: All land located within the Shire of East Pilbara Town Planning Scheme Boundary

Name of Applicant: Shire of East Pilbara


REPORT PURPOSE

For Council to consider amending the Shire of East Pilbara Local Planning Scheme No.4 (the Scheme) to be consistent with the deemed provisions of the Planning and Development (Local Planning Scheme) Regulations 2015 (LPS Regulations).

BACKGROUND

The LPS Regulations were gazetted on 25 August 2015 and came into effect on 19

October 2015. They superseded the Town Planning Regulations 1967 (as amended). The deemed provisions are contained in Schedule 2 of the LPS Regulations and are primarily aimed at introducing uniform processes and procedures across Western Australia, including standard forms and application processes. Section 257B of the Act provides a head of power for deemed provisions to have effect as part of a local planning scheme. Deemed provisions have automatic effect and are to be enforced in each individual local planning scheme. There is no ability for deemed provisions to be modified through a local planning scheme and where there is inconsistency between a deemed provision and a local planning scheme, the deemed provision prevails. Shire officers propose to remove and amend various provisions in the Scheme to be consistent with the deemed provisions of the LPS Regulations, in accordance with section 257B (5) of the Act. The aim of this amendment is to reduce any potential confusion for users and readers of the Scheme. Currently readers would have to read two (2) documents – the Scheme and the deemed provisions of the LPS Regulations, side by side in order to identify where similar but inconsistent clauses exist.


Page 45

In order to minimise the scope for confusion the Western Australian Planning Commission (WAPC) and officers of the Northern Regions Planning Team of the Department of Planning Lands and Heritage have recommended that local governments audit their schemes and undertake a basic amendment to their schemes to delete clauses superseded by the deemed provisions. This amendment seeks to achieve this has been prepared through consultation and with assistance of the – Northern Regions Planning Team.


The LPS Regulations apply to the submission, processing and approval of proposed Scheme Amendments. Regulation 35 provides for a Local Government to resolve to prepare or adopt an amendment to a local planning scheme. Council must specify within its resolution whether a scheme amendment is complex, standard or basic. The classification selected determines the process the amendment follows. In this instance, the proposed amendment (amendment) is classified as a basic amendment given that the amendment is administrative in nature and represents a logical approach to aligning the scheme text with the LPS Regulations as required by the Act. Should Council resolve to adopt the amendment, the amendment documentation shall be forwarded to the Western Australian Planning Commission for consideration and recommendation to the Minister for Planning in accordance with r.58 of the LPS Regulations. A basic amendment does not require advertising prior by a local government prior to a final decision by the Minister. The amendment proposes to delete provisions in the Scheme text made superfluous by the deemed provisions of the LPS Regulations. The details of the amendment are:

delete scheme provisions, schedules and definitions which are superseded by the deemed provisions specified in Schedule 2 of the Regulations;

deleting scheme provisions which address matters already addressed by the Act and any other relevant legislation;

insert supplemental provisions in a newly created schedule titled ‘Schedule A – Supplemental Provisions';

Amending a number of definitions from Schedule 1 to be consistent with definitions and terms used in the “Model Provisions” (Schedule 1 of the LPS Regulations).

update terminology and terms used in the Scheme to ensure consistency with those used in model and deemed provisions of the Regulations;

Amending a number of clauses by removing the cross reference to the clauses to be deleted by the amendment, and replace them with cross reference to the deemed provisions;

modify the zoning table to make "Ancillary Accommodation” a “P” use and to make it consistent with the model provisions;

make a number of administrative changes to provisions throughout the Scheme text; and


Page 46

Renumbering the scheme parts, clauses and schedules, and any cross references to them, as appropriate.

Legislative Framework The Scheme contains provisions that are duplicates of the deemed provisions of Schedule 2 of the LPS Regulations. Schedule 2 includes matters relating to structure plans, heritage protection, local development plans, development approval requirements, bush fire management, development contribution plans, various administrative and enforcement requirements and administrative definitions. Shire officers propose to remove the duplicated provisions to be consistent with Section 257B of the Act and the LPS Regulations which aims to facilitate a consistent state-wide approach in the assessment and application of those matters contained in Schedule 2. The removal of the duplicated provisions is appropriate in this regard. The amendment is minor, administrative in nature and represents a logical approach to aligning the scheme text with the LPS Regulations as required by the Act. Supplemental Provisions The purpose of the supplemental provisions are to account for provisions specific to a local government, which have not been included within the deemed provisions. Supplemental provisions have been introduced by the amendment proposal in Schedule A to account for matters specific to the Shire of East Pilbara. The deemed provisions generally provide for exemptions to requiring development approval where a use is permitted within an area to which the R-Codes apply (residential zones). The deemed provisions do not make allowance for exemptions to development approval for land where the R-Codes do not apply (zones other than residential). Supplemental provisions are therefore included to exempt permitted development (included single dwellings, sheds and boundary fences) from requiring a development approval as specified in the existing clause 8.2 - Permitted Development. Terminology The deemed provisions terms the local authority as 'local government'. The Scheme currently refers the Shire of East Pilbara as 'Council’. It is recommended that the Scheme text replace all references to Council with 'local government' as this is consistent with the Regulations and other local governments across the state. The Scheme currently makes references “development plan”, “planning application”, “planning approval”, “residential design codes” and “outline development plan”. These references should be replaced by “structure plan”, “development application”,


Page 47

“development approval”, “R Codes” and “local development plan” as set in the deemed provisions. Structure Plans The deemed provisions requires that a decision-maker for an application for development approval or subdivision approval in an area that is covered by a structure plan that has been approved by the Commission is to “have due regard to, but is not bound by” the structure plan when deciding the application. The deemed provisions also advises that a structure plan in respect of an area of land in the Scheme area maybe prepared if the Scheme identifies an area that requires a structure plan to be prepared before future subdivision or development is undertaken. The amendment proposes to amend various parts of the Scheme to be consistent with the deemed provisions with regard to structure plan preparation.


The provisions of; Planning and Development Act 2005 – Section 75 - Planning and Development (Local Planning Scheme) Regulations 2015 – Schedule 2 – Deemed provisions for local planning schemes. This amendment is required to the Scheme to be consistent with the above legislation.

POLICY IMPLICATIONS

There are no policy implications resulting from this amendment.








Page 48



There are no risk management implications resulting from the proposed amendment.


There is no current or future budgetary, financial risk or asset management implications resulting from the proposed amendment.

VOTING REQUIREMENTS

Absolute.


Page 49


MOVED: Cr Michael Kitchin SECONDED: Cr Dean Hatwell

THAT Council pursuant to Section 75 of the Planning and Development Act 2005 and Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015 RESOLVES to:

1. ADOPT for final approval basic Amendment No. 25 to the Shire of East Pilbara Town Planning Scheme No.4 without modification, pursuant to Section 75 of the Planning and Development Act 2005 and Part 5 Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015;

2. ADVISE the Western Australian Planning Commission that pursuant to Regulation 35(2) of the Planning and Development (Local Planning Schemes) Regulations 2015, the amendment thereby submitted is considered to be a “basic amendment” for the purpose of the Regulations given that the amendment is minor, administrative in nature and represents a logical approach to aligning the scheme text with the Regulations as required by the Act;

3. FORWARD Basic Amendment No. 25 to the Shire of East Pilbara Town

Planning Scheme No.4 to the Environmental Protection Authority (EPA) for comment, pursuant to Section 81 of the Planning and Development Act, 2005;

4. AUTHORISE the Shire President and Chief Executive Officer to execute

three (3) copies of Basic Amendment No. 25 documentation and affix the common seal of the Shire of East Pilbara, in accordance with Regulation 58 of the Planning and Development (Local Planning Schemes) Regulations 2015; and

5. FORWARD to the Western Australian Planning Commission three (3)

copies of Basic Amendment No. 25 documentation for consideration and recommendation to the Minister for Planning.

CARRIED BY ABSOLUE MAJORITY RECORD OF VOTE: 9 - 0

To be actioned by Mr Ryan Del Casale, Manager Development Services - Planning


Page 50

9.3.3 REALLOCATE FUNDS FOR 201718 APPROVED CAPITAL PROJECTS

File Ref: LEG-13-6-06


Author: Mr Ian Hamilton Technical & Development Services Consultant





REPORT PURPOSE

For Council to consider reallocating $92,656.77 in current capital funding from Newman Cenotaph - War Memorial project (GL 119735) to Newman - Animal Management facility (GL59019) to allow completion of the Animal Management facility project and associated works.

BACKGROUND

Ordinary Council meeting held 28 July 2017 adopted the annual budget which included both Newman - Animal Management facility (GL59019) and the Newman Cenotaph - War Memorial (GL 119735) projects. Newman Cenotaph project; The Newman Cenotaph project is currently being referred to Council with an administration recommendation for it to be deferred as the grant application for substantive funding for the project was unsuccessful. Newman - Animal Management facility; Ordinary Council meeting held 24 July 2015 rejected administrations recommendation to award the complete project and associated works for a total cost of $571,544.00 (ex gst) to build a new archive building and animal management facility. In addition, the Ordinary Council meeting held 24 July 2015 resolved that the design and requirements for this tender be re-evaluated and retendered to accommodate the existing old shed for storage. The reason for non-acceptances of officer’s recommendation was Council is requesting costings on different alternatives.

COMMENTS

Subsequently, with the above mentioned in mind at the Ordinary Council meeting held 9 December 2016 the officers recommendation to accept the redesigned archive


Page 51

and animal management facility works (that include the old existing shed for storage) at a total cost of $629,078.70 (ex gst) was accepted by Council. The new recommendation came at an additional cost of $57,534.70 (ex gst) and only included the building structures. No associated works were to be included Deferred timing of the tendering process did not realise any cost savings and therefore certain associated item were deleted to allow completion of the buildings only in 2017. The deleted items were;

Remote access gate to animal management facility. Supply, lay and compact asphalt parking area. Turf and irrigate dog exercise yard. Sewerage treatment for Human waste.

Furthermore, in 2017 unforeseen State Government health regulatory changes pertaining to the removal/storage of human and dog waste by-products meant that human and dog waste cannot be stored in the same storage facility/apparatus. They now must be separate storage facilities/apparatus and maintain a certain separation/ detachment. The reallocating of $92,656.77, (as detailed in the table below) from the Newman Cenotaph - War Memorial project (GL 119735) to the Newman - Animal Management facility (GL59019) will allow completion of the Animal Management facility project and associated works. There will be nil impact on the overall budget.

Table 1 Item No Description Cost

1 Remote access gate to animal management facility $24,868.18 2 Supply, lay and compact asphalt parking area $8,000.00 3 Turf and irrigate dog exercise yard. $12,779.00 4 Sewerage treatment for Human and dog waste $77,009.59

Cost (ex gst) $122,656.77 Less unallocated budget from GL59019 $30,000 Total Cost (ex gst) $92,656.77 The final budget scenario for each affect GL Project Account would be as tabled below;

GL Account Adopted Budget

Amended Budget

Difference in Each GL With Adjusted Budgets

119735 $200,000.00 $107,343.23 $92,656.77 59019 $195,000,00 $287,656.77 $92,656.77


It will be recommended that the Council approve reallocation of budget


Page 52


Part 6 - Financial management (Division 4 - General financial provisions) 6.8. Expenditure from municipal fund not included in annual budget (pg 214)

POLICY IMPLICATIONS


Page 53






1.1.2 Continued strong financial management

1.1.3 Effective business management

Goal 3 – Economic – Planned Actions

The Shire of East Pilbara seeks to support the economic development of its communities through the establishment of partnerships with industry, local businesses, government agencies and the tourism sector.

3.1 Business diversification and promotion

3.1.2 Build a thriving and diverse economy Partnering With: State Government, Industry, NCCI, other relevant stake holders

3.3 Provide Adequate Community Infrastructure

Goal 4 – Environmental – Planned Actions

The Shire of East Pilbara seeks to effectively manage and maintain its iconic Pilbara environmental assets by reducing ecological footprints and developing clean, green towns.

4.2 Promote a sustainable environment

4.2.1 Cultivate clean green towns


The risk to Council reputation will be increased by not completing and opening the animal management facility.


The net impact on the budget is nil. Resource requirements are in accordance with the requested adjustments in the existing budgetary allocations as listed in the table below;

GL Account Adopted Budget

Amended Budget

Difference in Each GL With Adjusted Budgets

119735 $200,000.00 $107,343.23 $92,656.77 59019 $195,000,00 $287,656.77 $92,656.77


Page 54

VOTING REQUIREMENTS

Absolute


MOVED: Cr Gerry Parsons SECONDED: Cr Jeton Ahmedi

THAT Council

1. Reallocate $92,656.77 in the current capital funding from Newman Cenotaph - War Memorial project (GL 119735) to Newman - Animal Management facility (GL59019) to allow completion of the Animal Management facility project and associated works as detailed in Table 1;

Table 1

Item No

Description Cost

1 Remote access gate to animal management facility $24,868.182 Supply, lay and compact asphalt parking area $8,000.003 Turf and irrigate dog exercise yard. $12,779.004 Sewerage treatment for Human and dog waste $77,009.59

Cost (ex gst) $122,656.77 Less unallocated budget from GL59019 $30,000 Total Cost (ex gst) $92,656.77

CARRIED BY ABSOLUTE MAJORITY RECORD OF VOTE: 9- 0

To be actioned by Mr Ian Hamilton, Technical & Development Services Consultant


Page 55

9.3.4 SHIRE OF EAST PILBARA'S COMMENTS REGARDING THE WASTE AVOIDANCE AND RESOURCE RECOVERY STRATEGY CONSULTATION PAPER: WASTE AUTHORITY WA 2017


Author: Mr Edmore Masaka Manager Development Services - Health




Author Disclosure of Interest:

REPORT PURPOSE

The purpose of this report is to present the Shire of East Pilbara’s (SoEP) consolidated comments to the Waste Authority WA 2017’s consultation paper on the review of the Western Australian Waste Strategy: “Creating the right environment”. The Shire’s Waste Management Consultant, Mr. Mel Rowe of Rowcon Consulting Company has critically reviewed what is proposed in this consultation paper after which he came up with the comments presented in this report.

BACKGROUND

1. Introduction

The purpose of this consultation paper is to provide the framework for a series of state-wide seminars to be carried out January to March 2018 and gain submissions for consideration from stakeholders such as Local Government Authorities (LGA’s) by 1st March 2018


Western Australia (WA) has the highest per capita waste generation in Australia with the 2nd lowest rate of resource recovery and 2nd largest rate of waste to landfill countrywide. The paper does not address the Regions specifically but sets provisional targets for waste reduction for regional landfill; 10% reduction on 2014-15 figures rising to 20% reduction by 2030 on 2014-15 figures. There is little mention of the Landfill Levy except that Waste Authority wants a more level playing field. It is hard to determine from the paper whether this will mean a Pilbara Levy but if it were proposed it is unlikely to cover the SoEP. Below in Appendix 1 is the waste statistics for last year and it should be argued that the landfill at Newman is mainly an industrial one.


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Appendix 1: Shire East Pilbara: Newman Landfill Waste Statistics 2016‐2017

Waste Category Waste Type Weight Tonnes

One Mixed Municipal Waste ( Wet) 4216

Two Kerbside Recyclables 309

Three Greenwaste 3023

Four Car Bodies recycled

Five Steel Products 1

Six Construction and Demolition Waste

7644

Seven Commercial& Industrial 4706

Eight Asbestos 55

Nine Tyres 22

Ten Medical 67

Total Landfill Tonnage 20,043

Total Liquid Waste Tonnage 11,340

Source: SEP Gate receipts converted using standard conversion factors. In Perth only 36% of municipal waste is recycled and in perspective Newman has less than a tonne of municipal waste per capita per annum and the rest is industry derived. Where Government interaction will probably affect SoEP is that regulatory amendments are very likely to strengthen the relationship between Waste Services and Environmental Protection meaning more regulation and enforcement of landfills in particular. In that regard the 3 Shire landfills will need to demonstrate continuous improvement meaning that the Rural Landfills will need to be upgraded to suit or be converted to Transfer Stations discharging to Newman Landfill or elsewhere. 2 Likely Outcomes which will impact SoEP The measures which will need addressing going forward are:

Improvements in Kerbside Collections more yellow bins etc.

More Verge Collections for recycle throughout the year

Introduction of more drop off points in population centres.

Move to non‐volumetric waste data collection note should come at Newman with weighbridge operations

Identify new markets for recycled materials

More State intervention in Landfill design and its Operations and in Planning through the Western Australian Planning Commission (WAPC).

Improvements in waste for recycle through packaging reforms at source or deposit schemes.


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Changes to the waste allowed into landfill by change in the Waste Acceptance Regulation for our landfills. Legislation in this regard is in progress.

More Illegal Dumping Legislation including litter.

Changes to the Waste Avoidance and Resource Recovery Act 2007 (WARR Act) to enforce targets and align it with the Environmental Protection Act 1986 to provide enforcement.

The aim should be for LGA to implement the Waste Hierarchy: Avoid Recover Recycle and use landfill disposal as the last resort. 3 Responses from Shire East Pilbara There is a regional meeting in Port Hedland on 12th February 2018 and thereafter submissions may be made including on line by 1st March 2018.


Part 3 - Functions of local governments (Division 1 - General) 3.1. General function (pg 39)

POLICY IMPLICATIONS

4.11 LEGISLATIVE COMPLIANCE




4.1 Reduce the Shire’s ecological footprint

4.1.2 Promote recycling Partnering With: State Government, Industry, Community Responsible officer: DTDS Timing: 1-3 years


Inadequate and inappropriate waste management approaches and practices which may result in: non-compliance leading to litigation; criminal charges or significant damages or penalties as provided for in applicable legislation as well as reputational damage.


There are no current resources allocated, will need to be considered as part of next budgetary process.

VOTING REQUIREMENTS

Simple.


Page 58


MOVED: Cr Jeton Ahmedi SECONDED: Cr Dean Hatwell

THAT Council, Based on the analysis of the paper above, authorise the Director of Technical and Development Services to make the following submissions to the Waste Authority (WA):

1. Given the small population and the imbalance of industrial waste over municipal waste coming to the landfill the SoEP cannot be expected to sustain a levy imposed on our 3 landfills.

2. “Heavy fluctuation of population” in the shire’s main town Newman which would make case even harder to gauge any potential outcomes from any changes in the current practices that we have in dealing with the waste and its management.

3. We would not wish to implement additional kerbside collections or additional drop off points until there is a clear market for recyclables which is economically viable given the tyranny of distance faced in this region.

4. SoEP would not support changes in Landfill Waste Classifications Legislation which prevented us from landfilling waste that would otherwise have no other outlet within our region because of the isolation of our 3 landfills.

5. More State intervention in Landfill design and its Operations and in Planning through WAPC would need to be supported by more State Government Funding as our population base would be unlikely to sustain significant changes to our present practice with its attendant overheads.

6. We fully support and request more Illegal Dumping Legislation including litter and the means to regulate such dumping which is common in the Pilbara.

7. We could only support changes to the WARR Act waste recovery targets if there was an improved market in recyclables which was economically sustainable.

CARRIED RECORD OF VOTE: 9- 0

To be actioned by Mr Edmore Masaka, Manager Development Services - Health


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9.3.5 AWARD OF RFT 07-2017/18 - WASTE MANAGEMENT SERVICES

File Ref: LEG-13-7-07

Attachments: Under separate confidential cover


Author: Mr Ian Hamilton Technical & Development Services Consultant





An Interest was declared by Cr Craig Hoyer for Item No. 9.3.5 Nature of Interest: Direct Extent of Interest: Eldest son is the North West Operations Manager for Veolia. Veolia submitted a tender for this service.

11:58 AM Cr Craig Hoyer left Chambers.

REPORT PURPOSE

For Council to consider tender submissions for RFT 07-2017/2018 – Waste Services To supply Waste Management Services for Newman: - Domestic Refuse Collection, Domestic Recycling Collection, Newman Town Litter Control, Street Sweeping, MRF Operations and Landfill Operations including weighbridge operations (Separable Portions).

BACKGROUND

The scope of works is for “EIGHT” waste management services. Subsequently, split into “Separable Portion Pricing Units” accordingly pertaining to Newman Waste Management “Level of Service” for:-

SEPARABLE PORTIONS

1 Newman/Newman Airport Domestic Refuse & Recycling Collection

Separable Portion 1

2 Newman Town Litter Control Collection Separable Portion 2

3 Newman Street/Car Park Sweeping Separable Portion 3

4 Storm Water Pits Separable Portion 4

5 Pathways Separable Portion 5

6 Newman Landfill Operations Separable Portion 6


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7 Newman MRF Operations Separable Portion 7

8 Weighbridge Operations Separable Portion 8

The weighting on the Qualitative Criteria was as follows:

No. Criteria Weighting

1 Relevant Experience 25%

2 Skills and Experience of Key Personnel 10%

3 Methodology 5%

4 Demonstrated Understanding 20%

5 Price Consideration 40%

All Tenderers were instructed to submit tenders through the Tenderlink Portal facility (electronic tenderbox). The Portal was utilised to access and download Tenders from the electronic tenderbox. Two officers were present at the time that the Tender Submissions were downloaded and the Tender Register completed at this time Nine Conforming tender submissions were received. No non-conforming tender submissions were received.

The above mentioned services (separable portions) are currently provided on a “month to month” basis by locally established companies Cleanaway Waste Management and East Pilbara Recycling with all associated costing’s included in the 2017/18 budget. RFT 07-2017/18 maximises the use of competitive businesses in the provision of goods or services purchased or contracted by the Shire of East Pilbara in accordance with Councils Procurement & Tender Procedures Policy detailed below and provides the Shire of East Pilbara with “ value for money” and on this occasion a financial saving over the next five years. A detailed panel evaluations can be reviewed in the attachment “confidential report” that is subject to business non-disclosure as it obtains confidential financial information.


Refer to attachment “Confidential Report”.


Nil


Page 61

POLICY IMPLICATIONS

Local Government Act 1995 and Local Government (Functions and General Regulations) 1996 tender regulations.

POLICY IMPLICATIONS

4.5 EXECUTION OF DOCUMENTS Minute No: Item 9.2.4 Date: 9th December 2016 Objective To allow for the proper execution of documents. Policy All documents validly executed will have the common seal affixed and any two of the following: the Shire President, Chief Executive Officer or Deputy Chief Executive Officer’s attestations affixing the seal. Use of the common seal is to be recorded in the common seal register and must have the Council resolution number included and the date that the seal was applied. 3.14 Procurement & Tender Procedures Policy Minute No: Item 9.2.5 Date: 26th May 2017 Objective To ensure that all purchasing activities:

Demonstrate that best value for money is attained for the Shire;

Are compliant with relevant legislations, including the Act and Regulations;

Are recorded in compliance with the State Records Act 2000 and associated records management practices and procedures of the Shire;

Mitigate probity risk, by establishing consistent and demonstrated processes that promotes openness, transparency, fairness and equity to all potential suppliers;

Ensure that the sustainable benefits, such as environmental, social and local economic factors are considered in the overall value for money assessment; and

Are conducted in a consistent and efficient manner across the Shire and that ethical decision making is demonstrated.


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3.13 Regional Price Preference Policy Minute No: Item 1.2.8 Date: 17th March 2017 Objective To maximise the use of competitive locally based businesses in the provision of goods or services purchased or contracted by the Shire of East Pilbara.








4.1 Reduce the Shire’s ecological footprint

4.1.2 Promote recycling Partnering With: State Government, Industry, Community Responsible officer: DTDS Timing: 1-3 years


Refer to Confidential Report.



VOTING REQUIREMENTS

Simple


Page 63


MOVED: Cr Anita Grace SECONDED: Cr Michael Kitchin

THAT Council:

1. Award Tender RFT 07-2017/18 for the supply Waste Management Services - Newman to Cleanaway Waste Management for tender submission A5 for separable portions;

Separable Portion 1 - Domestic Refuse/Recycling Separable Portion 2 - Town Litter Separable Portion 3 - Street/Carpark Sweeping Separable Portion 4 - Storm Water Pits Separable Portion 5 - Pathways Separable Portion 7 - MRF Operations

for the period commencing from execution of the contract and expiring on the 28 February 2023 at the tendered price of $864,610/annum ex gst and;

2. Award Tender RFT 07-2017/18 for the supply Waste Management Services - Newman to East Pilbara Recycling for tender submission separable portions

Separable Portion 6 - Landfill Operations Separable Portion 8 - Weighbridge Operations

On a 3+1 year option +1 year option commencing from execution of the contract and with options up to the 28 February 2023 at the tendered price of $1,080,413 /annum ex gst.

3. Authorises the Acting Chief Executive Officer to apply the common seal of the Shire of East Pilbara to the Contract between the Shire and Cleanaway Waste Management tender submission A5 for separable portions 1, 2, 3, 4, 5 and 7 on a 5 year contract and East Pilbara Recycling East Pilbara Recycling separable portions 6 and 8 on a 3+1+1 year contract with respect to this Tender.

CARRIED RECORD OF VOTE: 8- 0

To be actioned by Mr Ian Hamilton, Technical & Development Services Consultant


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9.3.6 AWARD TENDER RFT 8-2017/18 - SUPPLY OF HIRED ROAD CONSTRUCTION PLANT WITH OPERATORS (SEPARABLE PORTIONS)

Attachment: Under separate confidential cover


Author: Mr Oliver Schaer Manager Technical Services - Rural





12:01 PM Cr Craig Hoyer returned to the Chambers

REPORT PURPOSE

For Council to consider tender submissions for RFT 8-2017/18 Supply of Hired Road Construction Plant with Operators (Separable Portions) for a fixed period of 3 years and to authorise the Acting Chief Executive Officer to apply the common seal of the Shire of East Pilbara to the Contract for the successful tenderer(s).

BACKGROUND

Council, as part of its annual works program, engages contractors in order to assist with and/or deliver the required outcomes with regard to major as well as minor earthworks. Contractors are engaged at times to assist Council’s own workforce or to carry out funded civil construction projects in local and remote locations within the Shire. Council is able to engage plant, equipment and personnel under this contract arrangement and is able to carry out minor as well as major works without the need to call for separate and individual project tenders thus delivering a much more cost effective and productive outcome. Equipment may vary depending on project requirements but can range from the supply of one machine to assist with town works or the supply of heavy earthmoving equipment to carry out roadworks within Council’s vast remote road network. In order to deliver and complete the annual funded works program and to ensure community expectations are met with regard to the servicing of Council’s remote road network it is essential to have provisions in place to ensure all and any available funding can be expended within a financial year. This contract will provide assurance and certainty that the required level of plant, equipment and machinery can be engaged to ensure deliverance and completion of all projects within the required time frames. A similar contract was previously in place which expired on the 30 June 2015 (Tender RFT 21-2013/2014 Provision of Wet Hire of Plant, Equipment and


Page 65

Personnel). This contract was administered as a panel contract however was not renewed due to changes required in the administering of panel contracts. The current proposed contract is not a panel contract. The successful contractor(s) will be utilised to complete Council’s annual works program either in conjunction with Council’s crews and or as additional crews in order to ensure Council’s road network is maintained to the highest possible standard as well as utilising all available funding made available to Council. Contractors are also utilised during periods of natural disaster events in order to restore essential roads access to remote communities as soon as possible. All works are fully funded and form part of Council’s approved annual works program.


The tender was advertised in the West Australian newspaper on Saturday ?? December 2017, the Shire Tenderlink Portal, the Shire website and Shire notice boards. Closing date for the tender was 10.00am on Monday 12th January 2018. At the close of tender, four (4) compliant tenders were received as follows (listed in no particular order);

Tenderer ABN Address

Broome Contracting 86 073 062 503 10 McDaniel Road, Broome

WA 6725

East Pilbara Earthmoving 25 774 647 315 Noreena Down Station,

Newman WA 6753

Koodaideri Contracting Services 57 158 531 170 36 Davies Crescent, Kardinya

WA 6163

Youngs Earthmoving 54 094 469 584 20 Manganese Street,

Wedgefield WA 6722

The documentation outlined the qualitative selection criteria with the associated weightings for the evaluation of the tender submissions as follows:


1 Organisational Experience and Capacity 30%

2 Skills and Experience of Key Personnel & Plant Operators 10%

3 Road Construction Experience in Rural and Remote Areas 10%

4 Extent and Condition of Road Construction Plant & Mechanical Support

10%


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5 Price Consideration 40%

A confidential Recommendation Report under separate cover is submitted to Council which contains the Evaluation Panel’s findings in relation to each tender submission and justification for Recommended Tender (s).

The pricing schedule consisted of a list of pre-determined equipment required and essential for remote works as well as additional equipment available and advantageous for Council’s needs. The work types identified were listed in three separate parts. Part A. Remote Location – Road Construction Works Part B. Remote Location – Rural Road Maintenance Grading Part C. Extreme Isolated Location – Desert Road Maintenance Grading Tenderers were able to submit pricing for one, two or all three parts. The following table illustrates respective Parts tendered for by each tender submission.

Tenderer Part A Part B Part C

Broome Contracting

East Pilbara Earthmoving

Koodaideri Contracting Services

Youngs Earthmoving Each tenderer submitted individual hourly machine rates against their respective chosen Part as per table above. A detailed list of rate submissions will be included as a confidential attachment to this report as this information is deemed commercially sensitive and as such treated as Commercial in Confidence – refer separate confidential recommendation report.


Page 67


Part 3 – Functions of local governments (Division 3 – Executive functions of local governments) (Subdivision 6 – Various executive functions) 3.57. Tenders for providing goods or services (pg 70). Part 5 - Administration (Division 4 – Local government employees) 5.42. Delegation of some powers and duties to CEO (pg 153) (1) A local government may delegate (absolute majority required) to the CEO the

exercise of any of its powers or the discharge of any of its duties under- (a) this act other than those referred to in section 5.43; or

(2) A delegation under this section is to be in writing and may be general or otherwise provided in the instrument of delegation.

Part 5 - Administration (Division 4 – Local government employees) 5.43. Limits on delegations to CEO (pg 153) A local government cannot delegate to a CEO any of the following powers or duties – (b) accepting a tender which exceeds an amount determined by the local government for the purpose of this paragraph.

POLICY IMPLICATIONS

3.14 PURCHASING AND TENDER PROCEDURES

4.5 EXECUTION OF DOCUMENTS






1.1.2 Continued strong financial management

1.1.3 Effective business management


Not awarding this tender would result in the inability to complete Council’s annual works program and as a result not meet community expectations as well as asset maintenance strategies and may result in the loss of current funding and conceivably additional funding made available to Councils at short notice.


Resource requirements are in accordance with existing budgetary allocation. Works will be in line with Council’s annual works program and approved budget/funding allocations.


Page 68

VOTING REQUIREMENTS

Simple


MOVED: Cr Dean Hatwell SECONDED: Cr Michael Kitchin

THAT Council

1. Award Tender RFT 8-2017/18 Supply of Hired Road Construction Plant with Operator, Part A and Part C, to Youngs Earthmoving for the period commencing from execution of the contract and expiring on the 30th June 2021.

2. Award Tender RFT 8-2017/18 Supply of Hired Road Construction Plant with Operator, Part B, to East Pilbara Earthmoving for the period commencing from execution of the contract and expiring on the 30th June 2021.

3. Authorises the Acting Chief Executive Officer to apply the common seal of the Shire of East Pilbara to the contract between the Shire of East Pilbara and Youngs Earthmoving (Part A & C) and East Pilbara Earthmoving (Part B).


To be actioned by Mr Oliver Schaer, Manager Technical Services - Rural


Page 69

10 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

12:05 PM Cr Anthony Middleton left Chambers.

12:06 PM Cr Anthony Middleton entered Chambers

10.1 RECORDING OF MEETINGS– CR BIDDY SCHILL

In accordance with Clause 4.11 of the Shire of East Pilbara’s Standing Orders Local Law 2010 Cr Biddy Schill gave notice of her intention to move the following Motion at the Council meeting to be held on 2nd February 2018:

THAT the Acting / Chief Executive Officer prepare a report to consider the recording of all Council meetings. REASON FOR MOTION Cr Schill considers that information during general business is not being documented in full.

VOTING REQUIREMENTS

Simple.

COUNCILLORS RECOMMENDATION

A report can be completed.

MOTION LAPSED

11 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY A DECISION OF COUNCIL

Nil

12 CONFIDENTIAL MATTERS BEHIND CLOSED DOORS

Nil


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13 GENERAL BUSINESS

13.1 HEALTH INSPECTOR

Cr Biddy Schill asked what powers the Health inspector has regarding selling food after the expired date.

Mr Rick Miller, Director Technical and Development Services to follow up with the Manager Development Services – Health.

13.2 NULLAGINE STAFF

Cr Biddy Schill asked about staffing over the Christmas period with only one person was on duty out of three.

Mr Rick Miller, Director Technical and Development Services to follow up.

13.3 CARDBOARD COLLECTION WOOLWORTHS

Cr Anita Grace advised the Woolworths flat and packed their cardboard for recycling back to Perth. Can the Shire be involved with this?

Mr Rick Miller, Director Technical and Development Services to following up.

12:27 PM Meeting adjourned for the Annual Electors Meeting 12:34 PM Meeting resumed, All Councillors and staff returned to Chambers

except Sue Michoff, BHP.

13.4 CROSSWALK LEE LANE

Cr Gerry Parsons asked regarding the crosswalk on Lee Lane and the negative comments from the public.

Mr Rick Miller, Director Technical and Development Services to look at current situation and possible alternatives.

13.5 SCOUTS LEASE OF OLD JET SPRINT AREA

Cr Gerry Parsons asked if the lease was currently being considered by Officers.

Mr Ben Lewis Acting Director Community Services will follow up.

13.6 TELSTRA OUTAGE – MARBLE BAR

Cr Dean Hatwell said that there was no mobile service or landlines for 48hrs. What caused the outage and why this happened?

Ms Sian Appleton, Acting Chief Executive Officer to write a letter to Telstra asking for explanation.


Page 71

13.7 MARBLE BAR PARKING AREA FOR TRUCKS & RIGS

Cr Michael Kitchin asked if Council would investigate supplying a parking area for trucks and rigs on the Marble Bar / Limestone Road to get ahead of the game.

Mr Rick Miller, Director Technical and Development Services responded there has been no request for this and normally it would be Main Road who supplies truck bays. Mr Rick Miller, however, will follow up.

13.8 SCHOOLS

Cr Michael Kitchin asked if it was within Council’s ambit to invite private school children to go to Aboriginal communities to interact and experience life on the Communities.

Ms Sian Appleton, Acting Chief Executive Officer said while it is a great idea, it would be up to the Schools to contact the communities to organise this.

13.9 CUT OUTS FOR DRAINS

Cr Anthony Middleton asked when the bitumen will be reinstated on the cut outs on the roads for works installing new drains around Newman.

Mr Rick Miller, Director Technical and Development Services, responded that road base will be temporary installed until the road is resealed as part of the current resealing program.

13.10 RUMBLE STRIPS

Cr Anthony Middleton asked if rumble strips could be installed because of the new speed limit on the Great Northern Highway.

Mr Rick Miller, Director Technical and Development Services, stated that this is a Main Roads responsibility, Mr Rick Miller, however, will follow up.

13.11 WEIGHBRIDGE NEWMAN

Cr Jeton Ahmedi asked when the weighbridge would be operational.

Mr Rick Miller, Director Technical and Development Services, said that the new contract currently being issued includes the provision of this service.

13.12 NOTICEBOARD OUTSIDE POST OFFICE

Cr Jeton Ahmedi asked if this should be relocated to a more accessible area.



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13.13 SEWAGE PIT ON NEWMAN DRIVE

Cr Jeton Ahmedi asked for the sewage pit could be assessed as currently it is considerably lower than the road and is situated on the bend in the road.

Mr Rick Miller, Director Technical and Development Services advised pit is owned by Water Corporation and generally expensive to alter. Will follow up with Water Corporation

13.14 TREES BLOCKING LIGHTS

Cr Hoyer asked if the trees on Capricorn Oval could be trimmed to allow the lights to work more effectively and the dead tree removed/pruned.


13.15 WOOLWORTHS CAR PARK CURBING

Cr Lynne Craigie said she had received a complaint regarding the tight corner coming into the Woolworths carpark and the damage it was doing to tyres.

Mr Rick Miller Director Technical and Development Services requested more specific details and location of kerb and will then investigate options.

13.16 NEWMAN TOWN SQUARE

Cr Lynne Craigie said people would like to use the Square but have been told that they cannot put chairs on the grassed area.

Mr Rick Miller, Director Technical and Development Services will follow up.

14 DATE OF NEXT MEETING

9th March 2018, Marble Bar

15 CLOSURE

1:12 PM