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Shire of Brookton TABLE OF CONTENT ACTIONS PERFORMED … · Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 6 12.08.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS

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Page 1: Shire of Brookton TABLE OF CONTENT ACTIONS PERFORMED … · Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 6 12.08.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS
Page 2: Shire of Brookton TABLE OF CONTENT ACTIONS PERFORMED … · Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 6 12.08.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS

Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 2

Shire of Brookton Ordinary Meeting of Council held 15 August 2019

Commenced at 5.00 pm

TABLE OF CONTENT

1.08.19 USE OF COMMON SEAL ....................................................................................................... 3

2.08.19 DELEGATED AUTHORITY – ACTIONS PERFORMED – MAY 2019 ............................................. 3

3.08.19 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............................................... 3

4.08.19 RECORD OF ATTENDANCE/APPOLOGIES/APPROVED LEAVE OF ABSENCE ............................. 3

5.08.19 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ......................................... 4

6.08.19 PUBLIC QUESTION TIME ...................................................................................................... 4

7.08.19 APPLICATIONS FOR LEAVE OF ABSENCE ............................................................................... 5

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

9.08.19 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ....................................................... 5

9.08.19.01 ORDINARY MEETING OF COUNCIL – 20 JUNE 2019 ............................................................... 5

10.08.19 ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION ............................. 5

11.08.19 DISCLOSURE OF INTERESTS ................................................................................................. 5

12.08.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS ................................................................ 6

12.08.19.01 PROPOSED RURAL INDUSTRY – ADDITIONAL GRAIN RECEIVAL AND STORAGE FACILITY LOT

550 SEWELL STREET BROOKTON ........................................................................................... 6

12.08.19.02 REVISION OF SHIRE OF BROOKTON FIREBREAK ORDER/NOTICE ......................................... 51

13.08.19 COMMUNITY SERVICES REPORTS ...................................................................................... 55

14.08.19 FINANCE & ADMINISTRATION REPORTS ............................................................................ 55

14.08.19.01 LIST OF ACCOUNTS FOR PAYMENT ...................................................................................... 55

14.08.19.02 ADOPTION OF 2019-2020 BUDGET ...................................................................................... 59

15.08.19 GOVERNANCE ................................................................................................................... 72

16.08.19 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN .................. 72

17.08.19 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING ............. 72

18.08.19 CONFIDENTIAL REPORTS ................................................................................................... 76

18.08.19.01 CLEANING SERVICES – VARIATION TO CONTRACT (CO -03 - 5/2017) ................................. 76

19.08.19 NEXT MEETING & CLOSURE ............................................................................................... 79

Page 3: Shire of Brookton TABLE OF CONTENT ACTIONS PERFORMED … · Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 6 12.08.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS

Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 3

1.08.19 USE OF COMMON SEAL

The Table below details the Use of Common Seal under delegated authority for the month of June 2019.

Use of Common Seal Register

File Ref: Purpose Date Granted

Nil

2.08.19 DELEGATED AUTHORITY – ACTIONS PERFORMED – MAY 2019

The Table below details the actions of Council performed under delegated authority for the month July 2019. Shire of Brookton, Delegation Register, 1.46 Building Matters – Permits, Certificates & Orders

BUILDING

Application No. Lot & Street Type of Building Work Date Granted

01.19-20 90 Richardson Street, Brookton Shed and Transportable Office

Shire of Brookton, Delegation Register, 1.41 Specific Provisions under the Town Planning Scheme No. 3

PLANNING

File Ref Application Ref Subject Land (incl. Scheme No.) Purpose Date Granted

A313 P2019/016 Lot 52 Richardson Street Transportable Office 24/07/2019

A443 P2019/015 Lot 1 (4) Corberding Road Single Storey Dwelling attached to existing Roadhouse

26/07/2019

3.08.19 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

The Presiding Member opened the meeting at 5.01pm and welcomed Councillors and staff to the Council Meeting.

4.08.19 RECORD OF ATTENDANCE/APPOLOGIES/APPROVED LEAVE OF ABSENCE

Elected Members (Voting) Cr KL Crute (Shire President) Cr KH Mills Cr RT Fancote Cr LR Eyre Cr CE Hartl Staff (Non-Voting) Ian D’Arcy Chief Executive Officer Vicki Morris Deputy Chief Executive Officer Steve Thomson Manager of Infrastructure and Regulatory Services Courtney Fulwood Executive Officer Leave of absence Cr NC Walker Deputy Shire President

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Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 4

Members of the public Brad Slater 90 White Street, Brookton Barbara Legge 80 Lefroy Street, Brookton Gary McCloy 108 Richardson Street, Brookton Noel Tyrer 100 Richardson Street, Brookton Tamara Lilly 901 Brookton-Kweda Road, Brookton Carla Lacroix Shire Trainee (Observer) Amy Eva Shire Community Liaison Officer (Observer)

5.08.19 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

6.08.19 PUBLIC QUESTION TIME

Public Question Time on Notice

Carl and Barbara Legge - 61 White Street Brookton

Question 1 – As the value of properties around CBH complex have dropped and will continue to drop,

will the rates on these properties also drop?

Answer – The Shire rates applied to residential properties in Brookton is based on a Gross Rental Value

(GRV), as determined by the Valuer General’s Office every 5 years. This means your rates is based on the

income you could receive if you rented your property. If you were to add another bedroom,

notwithstanding the CBH development, your rates would increase based on the opportunity to receive

more rent.

Noel James Tyrer – 100 Richardson Street Brookton

Question 2 – Will the properties around the CBH be entitled to compensation for loss of value to the

property?

Answer – There is no compensation under the planning legislation. Specifically, section 173 of the

Planning and Development Act, 2005 only supports compensation for a landowner where his or her land

is being rezoned.

Question 3 – Has the Shire asked CBH for finance to help upgrade Lefroy Street and other streets around

the area?

Answer - The Shire already receives an annual contribution from CBH to the local road network as

detailed in the officer’s report on this proposal, and may also entertain some road closures and

improvements to address vehicle circulation and minimise the impact on the local residents.

Public Question Time without Notice

Noel James Tyrer – 100 Richardson Street Brookton

Question 4 - What about fixing them?

Answer – The CEO stated the only avenue for funding is what CBH currently pays to the Shire, which is 2

cents a ton as per the State Government Agreement.

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Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 5

7.08.19 APPLICATIONS FOR LEAVE OF ABSENCE

Nil

8.08.19 PETITIONS/DEPUTATIONS/PRESENTATIONS

Nil

9.08.19 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

9.08.19.01 ORDINARY MEETING OF COUNCIL – 20 JUNE 2019

OCM 08.19-01 COUNCIL RESOLUTION MOVED CR EYRE SECONDED CR FANCOTE That the minutes of the Ordinary meeting of Council held in the Shire of Brookton Council Chambers, on 18 July 2019, be confirmed as a true and correct record of the proceedings.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

10.08.19 ANNOUNCEMENTS BY THE PRESIDING MEMBER WITHOUT DISCUSSION

The Shire President announced that Councillor Kim Mills has formally tendered his resignation as an elected member for the Shire of Brookton effective from the 19th October 2019. The Shire President also thanked Courtney Fulwood (Executive Officer) for 6 ½ years of service with the Shire of Brookton and wished her great success in her new employment.

11.08.19 DISCLOSURE OF INTERESTS

Members and Officers to declare Financial, Proximity or Impartiality Interests & submit forms to the Chief Executive Officer at the commencement of the meeting and also prior to the item.

Disclosure of Financial & Proximity Interests

a. Members must disclose the nature of their interest in matters to be considered at the meeting. (Sections 5.60B and 5.65 of the Local Government Act 1995). b. Employees must disclose the nature of their interest in reports or advice when giving the report or advice to the meeting. (Sections 5.70 and 5.71 of the Local Government Act 1995).

Disclosure of Interest Affecting Impartiality a. Members and staff must disclose their interest in matters to be considered at the meeting in respect of which the member or employee has given or will give advice.

Item no. Members/Officers Type of Interest Nature of Interest

Nil

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Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 6

12.08.19 TECHNICAL & DEVELOPMENT SERVICES REPORTS

12.08.19.01 PROPOSED RURAL INDUSTRY – ADDITIONAL GRAIN RECEIVAL AND STORAGE FACILITY LOT 550 SEWELL STREET BROOKTON

File No: A338/P2642 Date of Meeting: 15/08/2019 Location/Address: Lot 550 Sewell Street, Brookton Name of Applicant: CBH Group Name of Owner: GJ and JK Bassett Author/s: Ian D’Arcy - CEO Authorising Officer: As above Declaration of Interest: The author does not have an interest in this item Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: The Council is in receipt of a planning application seeking Council approval to extend the existing Grain Receival and Storage Facility comprising Lot 550 Sewell Street Brookton. Lot 550 as depicted in the aerial photo provided as Figure 1 to this report is 10.1817 hectares (23.4 acres) in area.

Figure 1 – Location Plan

In summary the Officer Recommendation is to conditionally support the proposed development aligned to the definition of ‘Rural Industry’.

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Description of Proposal: This proposal:

a) Consists of an extension to the existing CBH Receival and Storage Facility located on Lot 100 Sewell Street, Brookton. The subject property contiguously adjoins to the east on the opposing side of Sewell Street as shown in Figure 1 above.

b) Involves construction of four (4) new open bulkhead Grain Storage Facilities with an overall capacity 98,400 tonnes, a temporary/portable weigh bridge, and sealed site entry and egress points, internal road network and some line marking to guide vehicle circulation as detailed in Figure 2 and illustrated in Figure 3 below.

Figure 2 – Proposed Site Layout

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Figure 3 – Illustrative photo of open bulk storage facilities

A copy of the complete application is appended to this report as Attachment 12.08.19.01A. Background: As provided in the application CBH is seeking to expand its receival depot in Brookton as part of its rationalisation program to achieve greater efficiencies. This has culminated in the acquisition of Lot 550 from the neighbouring landowners for this purpose. On assessment, including review of aerial photography of Lot 550, the following site characteristics exist:

Site Assessment

Existing Development Lot 550 is presently vacant farm land having been the subject of a subdivision application to excise the required property to facilitate the proposed development.

Existing Services Reticulated power and reticulated mains water is available near the property boundary.

Vehicular Access Open fenced access is evident at north-west corner of the property fronting Sewell Street, and similarly gated access is located at the south-west corner, also fronting Sewell Street. There is no formalised crossovers.

Topography The property presents with a gradual fall across the property to the existing tree lined water course that traverses the eastern portion of the property – refer to Figure 1 above.

Vegetation Remnant vegetation is evident within the eastern portion of the property as part a defined vegetation corridor along the Avon River Southern Branch.

Soil Type/s Predominantly sand, loam and clay mix – see Planning Application geotechnical conditions.

Surrounding Land-use The land adjoining to the south west, and north west accommodates ‘lifestyle’ lots and broad urban/ residential development with a mix of established residences and vacant land holdings. Also, immediately adjoining to the west on the opposite side of Sewell Street is the existing CBH grain storage facility. The land to the north and east is agricultural land used for cropping/grazing. Of note, the railway line spur adjoins the northern boundary. Along the eastern boundary is a dense vegetation corridor that buffers the Avon River Southern Branch.

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Bushfire Attack Level (BAL) Assessment

Lot 550 partially falls within the Bushfire Prone Area as illustrated below, however due to the nature of the application and land use, the applicant does not need to submit a BAL assessment to determine the measures required for mitigation – see Figure 4 below. Fire hydrant requirements and measures to be addressed under the Building Code of Australia (BCA) requirements.

Figure 4 – Bushfire Prone Map – Sourced from DEFS

Consultation: Upon receipt, the application was referred to adjoining landowners to comment on the proposal within a 21 day period. At conclusion of the referral process a total of thirteen submissions were received with seven (7) objecting, three (3) indifferent and three (3) in relative support. Notwithstanding, those ‘indifferent’ submissions have also raised concerns regarding a number of issues, with the most prominent being dust. A table detailing the respective landowner’s concerns and corresponding officer comment is provided in the Comment Section of this report. A copy of each submission is also appended as Attachment 12.08.19.01B for Council’s reference. Statutory Environment: As to the planning framework, a Rural Industry is assessment and subsequently determined in line with the Shire of Brookton Town Planning Scheme No.3, with due regard to the provisions outlined in Local Planning Scheme (LPS) No.4. Additionally, Council is to also have regard for valid comments or concerns raised by members of the public through the formal advertising process. Accordingly, the following table provides a summary of legal and other requirements in relation to this proposal:

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Shire of Brookton Town Planning Scheme (TPS) No.3 (Statutory instrument)

Current Zoning Farming – See extract of Zoning Map below.

Figure 5 – Extract of Zoning Map 4

Permissibility (Table 1 – Zoning Table )

Table 1 – Zoning Table of TPS 3 qualifies a Rural Industry as an ‘AA’ use. This means Council has discretion to approve the respective uses with or without relevant planning conditions or refuse the proposal with valid planning reasons.

Definitions The draft TPS 3 stipulates the definition of a Rural Industry to be: (a) An industry handling, treating, processing or packing rural products;

or (b) A workshop servicing plant or equipment used for rural purposes.

Objectives The Council’s TPS 3 nominates some of the objectives of the Farming Zone to:

To protect the potential of agricultural land for primary production and to preserve the landscape and character of the rural areas.

To provide for a range of rural pursuits such as broad-acre and diversified farming which are compatible with the capability of the land and retain the rural character and amenity of the locality.

Planning and Development (Local Planning Scheme) Regulations 2015 (Statutory instrument)

Schedule 2; Part 9; Clause 68(2)

This clause empowers Council to determine Development Applications under the planning legislation, having regard to the zoning and other Scheme provisions pertinent to the application under consideration.

Schedule 2; Part 9; Clause 76 (1) and (2)

This part of the Planning Regulations affords the applicant the right to apply to the State Administration Tribunal (SAT) for a review of the Council’s decision in relation to the decision on the proposed use and/or development of the land.

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Shire of Brookton and Beverley Local Planning Strategy – April 2014 (Strategic document)

10.2 General Agriculture and Land Use (Page 51)

Section 10.1 of the Shire of Brookton Local Planning Strategy states the Council will:

a) Support initiatives to enhance the productivity of agricultural areas through: - Working to ensure that sufficient water supplies are made

available to agriculture; - Minimising the impact of agricultural practices and extraction or

use of natural resources on the environment; - Encouraging the establishment of value-adding industries in

appropriate locations to maximise economic advantages to the district.

Further, Section 10.2 stipulates that Council should take into account the following in considering development proposals:

a) Discourage land uses unrelated to agriculture from locating on agricultural land (unless the proponent suitably demonstrates there are exceptional circumstances to the satisfaction of Council);

b) Other elements of the Strategy including protecting environmental assets, servicing and landscape impact;

c) Provide adequate separation distance between potential conflicting land uses. The proposed development or use should contain all potentially conflicting effects within the property on which it is located;

d) Buffer distances to enable agricultural uses to continue to operate without undue restrictions. The buffers to agricultural land are accommodated within the site subject to the proposal and not within adjoining land;

e) How the proposal will not detrimentally impact on existing agricultural operations and outline how the proposal will contribute to sustainable agricultural production in the area;

f) Discourage development that may result in land and environmental degradation.

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Draft Shire of Brookton Local Planning Scheme (LPS) No.4 (Statutory instrument - pending)

Proposed Zoning Rural – See extract of Zoning Map 4 below.

Figure 6 – Extract of draft Zoning Map 4

Permissibility Table 1 – Zoning Table of draft LPS 4 specifies Industry - Primary Production is an ‘A’ (discretionary following mandatory advertising) use. This means has ability to exercise discretion on the Grain Receival and Storage use based on relevant planning considerations following a public submission process.

Definitions The definitions for the respective land use in draft LPS 4 is: Industry - Primary Production means premises used —

(a) to carry out a primary production business as that term is defined in the Income Tax Assessment Act 1997 (Commonwealth) section 995-1; or

(b) for a workshop servicing plant or equipment used in primary production businesses.

Objectives - 16.2.4 Rural Zone

The draft LPS 4 stipulates the objectives of the Rural Zone are:

To manage land use changes so that the specific local rural character of the zone is maintained or enhanced;

To protect broad acre agricultural activities such as cropping and grazing and intensive uses such as horticulture as primary uses with other rural pursuits and rural industries as secondary uses in circumstances where they demonstrate compatibility with the primary use;

To maintain and enhance the environmental qualities of the landscape, vegetation, soils and water bodies, to protect sensitive areas especially the natural valley and watercourse system from damage;

To provide for the operation and development of existing, future and potential rural land uses by limiting the introduction of sensitive land uses in the Rural zone;

To provide for a range of non-rural land uses where they have demonstrated benefit and are compatible with surrounding rural uses.

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Land Administration Act 1997 (Statutory instrument)

Road Closure Section 58(1) of the Land Administration Act 1997 affords Council the ability to initiate a process to close a public road.

Environmental Protection Act 1986 (Statutory instrument)

Generally This legislation regulates environmental impacts arising from emissions that may adverse and detrimental effects on health and wellbeing of residents and/or the natural environment. Pertinent to this application the two prominent concerns are dust and noise. Specifically, Part V of the EP Act states that where pollution or environmental harm arising from dust generation is likely to occur, the general pollution prevention provisions of the Act may apply. These provisions refer to compliance with emission standards and taking all practical measures to prevent or minimise emissions. Similarly, noise is also addressed and managed under the Environmental Protection (Noise) Regulations 1997. See further comment below.

Environmental Protection (Unauthorised Discharges) Regulations 2004 (Statutory instrument)

Generally

Materials prohibited as listed in Schedule 1 of the Unauthorised Discharges Regulation include dust produced by a mechanical process including cutting, grinding, sawing, sanding, polishing and processing.

Guidance for the Assessment of Environmental Factors - Separation Distances between Industrial and Sensitive Land Use – No.3 - June 2005

(Guidance document)

Generally This Guidance Statement has been prepared to provide a guide to a practical separation distance that should be set and maintained between an industry (such as the CBH Grain Receival Depot) and sensitive land use (such as a residence). In recognition that a site-specific technical study may not be necessary in all situations, generic separation distances have been developed by the Department Water and Environmental Regulation (DWER) and other regulatory authorities in consideration of amenity impacts from gaseous, dust, noise and odorous emissions, as well as with elevated levels of off-site risk to the public.

Definitions The relevant definitions extracted from the Guidance Statement are: - Buffer: means all the land between the boundary of the area that may

potentially be used by an industrial land use, and the boundary of the area within which unacceptable adverse impacts due to industrial emissions on the amenity of sensitive land use are possible. This may be represented by the separation distance.

- Industrial land use, industry: means a general term used in this Guidance Statement to encompass a range of industrial, commercial and rural land uses and infrastructure associated with emissions that may affect the amenity of sensitive land uses.

- Sensitive land use: means land use sensitive to emissions from industry and infrastructure. Sensitive land uses include residential development, hospitals, hotels, motels, hostels, caravan parks, schools, nursing homes,

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child care facilities, shopping centres, playgrounds and some public buildings. Some commercial, institutional and industrial land uses which require high levels of amenity or are sensitive to particular emissions may also be considered.

- Grain cleaning (no milling) means premises on which grain or seed is cleaned, graded, sorted or processed.

- Grain elevator means grain transfer using conveyor belts etc.

Appendix 1 The table under Appendix 1 prescribes Grain Cleaning and/or Grain Elevator use to have a buffer distance from a sensitive land use of 500 metres for noise, dust and odour.

EPA guidance statement no. 18: Prevention of Air Quality Impacts from Land Development Sites

(Guidance document)

Generally This 2008 Guidance Statement No. 18 has been established by the Environmental Protection Authority (EPA) to afford guidance of managing activities that can generate dust and smoke and is specifically aimed at providing practical advice for the development and documentation of management strategies, plans and programs aimed at controlling impacts of dust.

Part 4.0 - Dust Management Plan

Local governments are encouraged to apply as a condition of planning approval, a dust management plan to be prepared before commencement of the use or development, with emphasis on appropriate management, monitoring and reporting.

Environmental Protection (Noise) Regulations 1997 (Statutory instrument)

Generally A noise complaint is assessed against the provisions of these Regulations where measurements are taken over a long enough period to represent the noise emission. For a constant noise, this may only need to be a few minutes while for a noise that varies over time, a longer duration (up to several hours), may be needed to capture an amount that is typical of the noise or to capture several cycles if the noise is repetitive. Usually a measurement is taken from within and outside of a noise sensitive premise.

Schedule 1; Part C – Noise sensitive premises

Schedule 1 of the Noise Regulations specifies in part (for the purpose of this application) that a ‘sensitive premise’ is: 1. Premises occupied solely or mainly for residential or accommodation

purposes. 2. Rural premises.

Definition The relevant definitions extracted from the Noise Regulations are: - Noise sensitive purpose, in relation to a building, or part of a building, on

noise sensitive premises, means — (a) a residential or accommodation purpose

- Rural premises means premises used primarily for pastoral or agricultural purposes on land classified or zoned agricultural or rural use, or for rural lifestyle living, under a planning scheme as defined in the Planning and Development Act 2005 section 4(1).

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Schedule 3 — Determination of influencing factor on noise sensitive premises

The Regulations provide that the noise needs to be measured upon complaint when deemed excessive to the assigned (maximum allowable) level using calibrated equipment at the affected premise by a qualified person. Notably, there are exemptions that apply to industrial development and significant transport activities.

State Planning Policy 3.7 – Planning in Bushfire Prone Areas (Statutory instrument – tied to Planning Regulations)

Generally State Planning Policy 3.7 Planning in Bushfire Prone Areas (SPP 3.7) directs how land use should address bushfire risk management across WA. It applies to all land which has been designated as bushfire prone by the Fire and Emergency Services (FES) Commissioner as highlighted on the Map of Bush Fire Prone Areas. SPP 3.7 a guide to implementing effective risk-based land use planning to preserve life and reduce the impact of bushfire on property and infrastructure.

6.2 Strategic planning proposals, subdivision and development applications

Section 6.2 of SPP 3.7 a) states: a) Strategic planning proposals, subdivision and development applications

within designated bushfire prone areas relating to land that has or will have a Bushfire Hazard Level (BHL) above low and/or where a Bushfire Attack Level (BAL) rating above BAL-LOW apply, are to comply with these policy measures.

b) Any strategic planning proposal, subdivision or development application in an area to which policy measure 6.2 a) applies, that has or will, on completion, have a moderate BHL and/or where BAL-12.5 to BAL-29 applies, may be considered for approval where it can be undertaken in accordance with policy measures 6.3, 6.4 or 6.5.

c) This policy also applies where an area is not yet designated as a bushfire prone area but is proposed to be developed in a way that introduces a bushfire hazard, as outlined in the Guidelines.

Planning Bulletin 111/2016 - Planning in Bushfire Prone Areas (Guidance document – tied to SPP 3.7)

5. Exemptions Planning Bulletin 111/2016 states exemptions from the requirements of SPP 3.7 includes: - Where the development does not involve the occupation of employees on

site for any considerable amount of time; - Infrastructure involving roads, telecommunications and dams and the like; - Rural activities, including piggeries, chicken farms, milking facilities and

the like.

Relevant Plans and Policy: There are no specific plans or policy documents that apply to this proposal other than those specified in the Statutory Section of this report, including:

- Respective policy statements in the Shire of Brookton Local Planning Strategy – April 2014; - The BAL requirements under State Planning Policy 3.7.

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Financial Implications: Other than receipt of the statutory planning application and future building application fees the other financial considerations are:

a) A possible cost should an appeal be lodged by the applicant with the State Administration Tribunal (SAT). At this stage such cost is unknown.

b) An increase in funds paid annually to the Shire for road maintenance based on the current agreed rate of $0.02 per tonne for grain received and revaluation of the property based on the change in use that will likely increase the property rates.

c) An escalation in road maintenance costs, particularly for Yeo Road and Sewell Street being local roads, with an increase in heavy transport movements. At this stage this cost is unknown.

d) The possible closure of Sewell Street resulting in some cul-de-sac works needing to be performed.

Risk Assessment: There are a number of risks associated with this application, including:

1. Societal risk – This relates to escalating dust and to some degree noise emissions. Dust in particular has been raised as a prominent issue of concern for surrounding residents, as detailed in the submissions received. This is assessed as a significant risk and requires a continuous monitoring and reporting regime together with some remedial action should the issue of non-compliance arise.

2. Road congestion and safety – On projection, the transport movements in and out of the proposed facility will be significant and could present an increased risk to local traffic movement and driver safety. This is assessed as a moderate to high risk that also requires remedial attention to address this risk.

3. Road maintenance – Council needs to be cognisant the increase in grain receival and storage will generate a greater impact on the local road network from a maintenance perspective. This presents a financial impost and poses an increased risk for road safety should the maintenance not be adequately delivered. Although considered moderate, the Council still needs to give consideration to maintaining the local road network around the existing facility and proposed extension.

4. Right of appeal - The applicant could potentially exercise a right of appeal with the State Administration Tribunal (SAT) should it consider the proposed development has unfairly been assessed and determined or the conditions of approval be onerous and contrary to the statutory planning framework. This is assessed as a low risk.

Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, the proposed Grain Receival and Storage Facility aligns to:

Function 2 – Land Use Planning

Action 2.3 – Process Development Applications

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Comment 1. Public Submissions

Following is a list of abbreviated concerns raised in a number of the public submissions received, accompanied by an officer response from a planning perspective.

a) Community Consultation – Some submissions expressed strong opinion that the Shire’s public

consultation process is superfluous alleging CBH has already acquired the land and commenced works for the development. These submissions suggest approval from Council is inevitable.

Officer response – While CBH may have entered into arrangements to acquire Lot 550 and

perform its due diligence for the proposed development, it should be noted these dealings are not the business of the Shire. Rather, it is the Council’s role to receive, assess and determine the planning application in accordance with the legislative requirements under the Planning and Development Act, 1995.

As to advertising the planning application received from CBH, this is a statutory requirement placed on Council under Section 64 of the Planning and Development (Local Planning Scheme) Regulations, 2015 which accordingly has been adhered to on this occasion.

b) Property Values – Some submissions expressed concern the proposed development will have an

adverse impact on property values stating some owners have invested in improving their property to suit and maintain a particular lifestyle.

Officer response – The matter of land de-valuation with this proposal is an assumption. The

claim in a reduction of property value directly attributed to the proposed development is not substantiated and therefore is unlikely to constitute a valid reason under the planning framework for Council to oppose the additional grain storage facility. This is due to:

The grain processing activity already being established and having been in operation for many years;

Much of the surrounding land is presently zoned ‘Industrial’, with no change to the zoning being proposed in the Shire’s draft Local Planning Scheme No.4; and

The subject site and proposed development is further removed from local residences and businesses than the existing grain receival and storage facilities.

c) Air Pollution – The majority of submissions received place a strong emphasis on dust pollution

emanating from the existing grain receival and storage operations. This issue has been promoted in many of the submissions to be the most prominent, with the following points raised:

There has been a lack of attentive action by CBH and the Shire under the existing dust management plan;

The dust from existing operations has allegedly affected local resident’s health and wellbeing, with any extension to the existing operations going to exacerbate this matter.

Officer response – This issue is noted and accepted. The Council, should it approve the proposed

development will need to impose a condition that requires the existing CBH Dust Management Plan to be reviewed, extended and updated within six months of granting the approval, but in any event, prior to grain receival operations commencing on Lot 550. In this regard, the existing Dust Management Plan will need to be revised to adequately address implementation of dust suppression measures, and a recurrent monitoring regime to ensure the required standards of air quality is being met.

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d) Noise Pollution – A number of submissions have highlighted concern regarding noise, with

promotion that an increase in trains will mean more noise from shunting and loaders being used during operations which can be heard all over town. This issue is likely to be worse during the night time operations.

Officer Response – Although this is perceived to be a valid concern, the Environmental Protection (Noise) Regulations, 1997 (specifically Part 1 – Preliminary, Section 3) states that certain noise emissions are exempt from regulation. This means they are acceptable from a societal perspective. For Council’s appreciation Section 3 of Part 1 of the Noise Regulations is provided below, with relevant provisions to this application underlined.

“3. Regulations do not apply to certain noise emissions

(1) Nothing in these regulations applies to the following noise emissions —

(a) noise emissions from the propulsion and braking systems of motor vehicles operating on a road;

(b) noise emissions from a safety warning device, other than a reversing alarm, fitted to a motor vehicle operating on a road;

(c) noise emissions from trains or aircraft (other than model aircraft and trains operating on railways with a gauge of less than 70 cm);

(d) noise emissions from a safety warning device fitted to a train or vessel;

(e) noise emissions from an emergency vehicle as defined in the Road Traffic Code 2000 regulation 3(1);

(f) noise emissions from the propulsion system or the movement through the water of a vessel operating in water other than water on private premises;

(g) noise emissions —

(i) from a device for warning pedestrians installed at a pedestrian crossing on a road; or

(ii) from a device for warning of the passage of a train installed at a level crossing; or

(iii) from a safety warning device fitted to a building as a requirement of the Building Code as defined in the Building Regulations 2012 regulation 3; or

(iv) for the purpose of giving a warning required under the Mines Safety and Inspection Regulations 1995 regulation 8.26,

if every reasonable and practicable measure has been taken to reduce the effect of the noise emission consistent with providing an audible warning to people;

(h) noise emissions from —

(i) a reversing alarm fitted to a motor vehicle, mobile plant, or mining or earthmoving equipment; or

(ii) a startup or movement alarm fitted to plant,

if —

(iii) it is a requirement under another written law that such an alarm be fitted; and

(iv) it is not practicable to fit an alarm that complies with the written law under which it is required to be fitted and emits noise that complies with these regulations;

(i) noise emissions from an engine, equipment, machinery or plant on a vessel while the vessel is in a port.”

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Therefore, given the above noise exemptions and very nature many properties in close proximity of the grain receival and storage facilities is zoned ‘Industrial’ (notwithstanding current residential use) the current and future noise emissions from truck and train movements, and use of plant and equipment in the unloading and loading grain there is little planning consideration that can be applied to this concern.

e) Traffic Movement – Generally, there are three concerns that have been raised on this matter

through the public submissions, being:

i. The volume of traffic use and condition of Lefroy Street with an increased volume of heavy haulage vehicles to both the existing and proposed grain receival facility generating an adverse effect on property values, and the safety of local residents and truck drivers.

ii. The proposed development will mean more and longer trains with more road crossings blocked for longer periods resulting in local residents and businesses being isolated from the town centre and local trade being affected.

iii. A current lack of signage offering understanding of vehicle movement and circulation around, and access/egress out of, the existing grain receival facility, including detour signs when roads are blocked.

Officer Response – These are all considered valid concerns where it is recommended:

Council consider changes to the local road network involving the partial closure of Sewell Street from Yeo Road to the rail spur level crossing, as shown in the Figure 8 below. If supported, this will require the closed portion of road reserve to be acquired by CBH and amalgamated with the adjoining land that accommodates the grain receival operations. In consideration of this action it is suggested that:

- Lefroy Street being terminated and physically blocked to through traffic at the eastern end to become a ‘no through road’ with a gravel cul-de-sac head and swing barrier gate (as shown in Figure 7) that can only be accessed during emergencies. This means Lefroy Street will only be use by local traffic, thus generating a higher level of safety for residents.

Figure 7 – Typical Swing Gate

- An additional cul-de-sac head and barrier swing gate being installed at the northern end of Sewell Street on the opposite side of Rail Reserve for restricted CBH access.

- Bartram Street being closed, amalgamated into Lot 100 and vegetated with screen trees to create a more significant buffer from residential properties.

- The Shire having these portions of road removed from its asset register, which will result in reduced road maintenance costs.

- CBH will receive un-feted access when shifting plant and equipment from one receival site to the other without having to cross a gazetted public road that is used by the members of the community.

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Figure 8 – Suggested Road Closure Sewell and Bartram Streets

Impose as a condition of planning approval that stationary trains are not to obstruct vehicle traffic on Richardson Street for periods exceeding 10 minutes without approved detour signage being erected to the satisfaction of the Local Government. In this context, a documented agreed procedure should be put in place to ensure clear understanding of this requirement.

Also impose as a condition of planning approval, a level of improved traffic signage being installed by the applicant that adequately directs traffic to and around the grain receival sites in a safe and efficient manner, with minimal disruption to local residents and businesses. This includes detour signage that supports continuity of vehicle movement to be positioned/installed in consultation with the Shire’s Manager of Infrastructure and Regulatory Services.

2. Other Planning Considerations

Notwithstanding, the concerns raised in the public submissions, consideration also needs to be given to the following matters through the imposition of conditions or advice, should Council proceed to grant planning consent for the proposed development.

a) Separation Distance – The distance to the closest residence is approximately 200 metres, some

300 metres short of the prescribed distance under the EPA’s Guiding Statement No.3. While this would normally be an issue, this proposed separation is greater than the separation from existing receival facility. Therefore, the issue of traffic movement, and more particularly air quality (dust), will need to be managed though specific conditions being applied to the planning approval should Council support the CBH expansion plan.

b) Vehicle Access, Manoeuvring, and Parking Areas - The areas around and between the proposed

grain storage facilities will need to be sealed to suppress dust, and therefore should be

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constructed to a minimum two coat bitumen standard (or similar). In this regard, further consultation should be entertained between the Shire’s Manager of Infrastructure and Regulatory Services and applicant to ensure this matter is appropriate addressed, including compliance with Australian Standard for vehicle access and egress to/from the site.

c) Line Marking and Internal Signage – Importantly, from a safety perspective appropriate

directional measure should be provided within the proposed grain receival site that clearly delineates:

- vehicle access and egress points to/from the site; - direction to the heavy vehicle weigh bridge; - dedicated loading/unloading areas premised on site safety; - internal vehicle circulation and marked clear ways, again premised on site safety and

operational efficiency; - adequate dedicated areas for heavy vehicle queuing, parking and plant/equipment

storage, so as to not impact on the local road network; - Site office location and check-in point; - Site safety and emergency signage, including contact and response information, fire

hydrant placement and muster point designations.

d) Site Drainage – Upon review of the application it is recognised that consulting engineers have given due consideration and applied design solutions to manage the flow of water run-off, potential harvesting and re-use and filtration before discharge in to the natural environment. Accordingly, these measure should be applied as a condition of approval in the interest of managing erosion and protecting the natural environs.

e) Landscape/tree planting – In light of the reduced separation distance from existing residences,

one measure to assist in alleviating amenity issues is planting of screen vegetation along the western side of the property fronting Sewell Street. While, this is not an instantaneous nor holistic solution, it should over time aid in ‘softening’ some of the identified societal impacts to those residences west of the proposed development.

f) Fire Management – Fire mitigation is a strong consideration heightened by the dense vegetation

located within the eastern portion of Lot 550 that forms part of the river environment. This presents a significant risk to not only the CBH operations, but also the Brookton townsite. Accordingly, this matter requires attention and implementation of an effective hydrant system in consideration of the Building Code of Australia (BCA) and following consultation with the Department of Fire and Emergency Services (DFES).

3. Matters of Emphasis

As already mentioned, Council needs to be particularly cognisant of:

a) Air Quality - Review and implementation of the dust management plan is needed to ensure a compliant standard of air quality is maintained. This should be achieved through an agreed monitoring and reporting program with the Shire’s Contract Environmental Health Officer, with relevant management measures being taken if deemed necessary.

b) Proposed Road Closures – It is viewed the closure of Sewell Street (as identified in Figure 8 of

this report) as a mutually agreed action will certainly aid in managing the movement of traffic to the site taking into account safety, liability and maintenance requirements for both the applicant and the Shire. Similarly, the closure of Bartram Street will also offer benefit in being converted to a vegetation screen corridor.

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However, if implemented these initiatives will need to be supported by improved directional signage around the site, and acceptance by Council to terminate and barricade the eastern end of Lefroy Street and the northern end of Sewell Street, signed as ‘no through roads’ and installation of turn around cul-de-sac heads and locked swing gates.

OFFICER’S RECOMMENDATION That Council grant planning approval for a Rural Industry – Additional Grain Receival Facility on Lot 550 Sewell Street, Brookton pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: Conditions 1. Should the development, the subject of this approval, not be SUBSTANTIALLY COMMENCED within a

period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained.

2. Development of the approved Grain Receival Facility shall be carried out in accordance with the terms of the application as approved herein, and the respective plans inclusive of site plan, floor plans and elevations that form part of this approval.

3. Access/egress to the Grain Receival Facility from Sewell Street shall be constructed in accordance with Australian Standards to minimum two coat bitumen seal (or similar) - refer to Advice Note D.

4. All vehicle access, manoeuvring, and parking, around and between the proposed Grain Storage Facilities shall be constructed to a minimum two coat bitumen standard (or similar) to the satisfaction of the Local Government - refer to Advice Note D.

5. All trafficable areas within the Grain Receival Facility shall be line marked to clearly delineate: - direction for heavy vehicles to the weigh bridge upon entering the site; - dedicated loading/unloading areas; - internal vehicle circulation and marked clear ways; - dedicated areas for heavy vehicle queuing and parking, and storage of plant/equipment;

6. A signage plan shall be prepared for endorsement by the Local Government, with all signage to be implemented prior to commencement of operations. Such signage shall include (but is not be limited to) the following to the satisfaction of the Local Government:

7. - Identification of the vehicle access and vehicle egress points to/from the Grain Receival Facility; - Designated queuing and parking areas within the Grain Receival Facility; - ‘No Parking’ signs on Sewell Street; - Site safety and emergency information sign (inclusive of contact and emergency response actions,

fire-fighting equipment, hydrant locations, and designated emergency muster points) located at the entry of the Grain Receival Facility.

- Detour signage affording continuity of vehicle movement around the Grain Receival Facilities to be positioned/installed in consultation with and consent of the Shire’s Manager of Infrastructure and Regulatory Services.

8. Trains are not permitted to sit stationary obstructing the Brookton Highway and the southern level crossing connecting William Street to Robinson Road at any time.

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9. Trains are not permitted to sit stationary resulting in obstruction of Richardson Street for periods

exceeding 10 minutes without approved detour signage being erected to the satisfaction of the Local Government - refer to Advice Note E.

10. Site drainage shall be installed in accordance with the McDowall Affleck Consulting Engineers Stormwater Design Report to manage the flow of water run-off and filtration before discharge into the natural environment.

11. A landscape/tree planting program being implemented along the western boundary of Sewell Street within six (6) months from the date of this approval to afford additional buffering to the adjoining residential properties.

12. The existing Dust Management Plan shall be revised within six (6) months from the date of this approval to include both the existing and proposed grain receival and storage operations on Lot 100 and Lot 550, with incorporation of routine monitoring and reporting to ensure compliance with the air quality standards - refer to Advice Note F.

Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

a. This approval does not confer approval under other relevant legislation, including but not limited to,

the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and to obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Building Department on (08) 9642 1106.

b. Nothing in the approval or these conditions shall excuse compliance with all relevant written laws in the commencement and carrying out of the development.

c. The applicant is advised a Building Permit is required for the Bulk Storage Facilities prior to

commencement of any building works.

d. With reference to Conditions 3 and 4 the applicant is encouraged to contact the Shire’s Manager of Infrastructure and Regulatory Services on (08) 9642 1106 to gain clarity on the standard of construction required.

e. With reference to Condition 8, an agreed procedure is to be presented to the Local Government that provides clear understanding and assurance on the placement of detour signage.

f. With reference to Condition 11, the standard of air quality monitoring and report needs to accord with EPA guidance statement no. 18: Prevention of Air Quality Impacts from Land Development Sites.

g. The applicant is advised the Council is open to formal closure of:

i. Sewell Street from Yeo Road to the Rail Line Spur, with this portion of road reserve being amalgamated with the existing CBH land holdings subject to all associated costs for the closure process and land being acquired by CBH.

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ii. Bartram Street from Sewell Street through to Richardson Street, with this road reserve being

amalgamated with the existing CBH land holdings subject to all associated costs for the closure process, and land being acquired by CBH and converted to a vegetation screen corridor to enhance the buffer between neighbouring and nearby residences.

h. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

(Simple majority vote required) Attachments Attachment 12.08.19.01A - Application Attachment 12.08.19.01B – Submissions OCM 08.19-02 COUNCIL RESOLUTION MOVED CR FANCOTE SECONDED CR MILLS That Council grant planning approval for a Rural Industry – Additional Grain Receival Facility on Lot 550 Sewell Street, Brookton pursuant to Schedule 2 Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015, subject to the following conditions: Conditions 1. Should the development, the subject of this approval, not be SUBSTANTIALLY COMMENCED within

a period of two (2) years from the date of this approval being granted, the approval shall lapse and be of no further effect. Where an approval has lapsed, no development shall be carried out without the further approval of the responsible authority having first been sought and obtained.

2. Development of the approved Grain Receival Facility shall be carried out in accordance with the terms of the application as approved herein, and the respective plans inclusive of site plan, floor plans and elevations that form part of this approval.

3. Access/egress to the Grain Receival Facility from Sewell Street shall be constructed in accordance with Australian Standards to minimum two coat bitumen seal (or similar) - refer to Advice Note D.

4. All vehicle access, manoeuvring, and parking, around and between the proposed Grain Storage Facilities shall be constructed to a minimum two coat bitumen standard (or similar) to the satisfaction of the Local Government - refer to Advice Note D.

5. All trafficable areas within the Grain Receival Facility shall be line marked to clearly delineate: - direction for heavy vehicles to the weigh bridge upon entering the site; - dedicated loading/unloading areas; - internal vehicle circulation and marked clear ways; - dedicated areas for heavy vehicle queuing and parking, and storage of plant/equipment;

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6. A signage plan shall be prepared for endorsement by the Local Government, with all signage to be implemented prior to commencement of operations. Such signage shall include (but is not be limited to) the following to the satisfaction of the Local Government:

7. - Identification of the vehicle access and vehicle egress points to/from the Grain Receival

Facility; - Designated queuing and parking areas within the Grain Receival Facility; - ‘No Parking’ signs on Sewell Street; - Site safety and emergency information sign (inclusive of contact and emergency response

actions, fire-fighting equipment, hydrant locations, and designated emergency muster points) located at the entry of the Grain Receival Facility.

- Detour signage affording continuity of vehicle movement around the Grain Receival Facilities to be positioned/installed in consultation with and consent of the Shire’s Manager of Infrastructure and Regulatory Services.

8. Trains are not permitted to sit stationary obstructing the Brookton Highway and the southern level crossing connecting William Street to Robinson Road at the same time.

9. Trains are not permitted to sit stationary resulting in obstruction of Richardson Street for periods exceeding 10 minutes without approved detour signage being erected to the satisfaction of the Local Government - refer to Advice Note E.

10. Site drainage shall be installed in accordance with the McDowall Affleck Consulting Engineers Stormwater Design Report to manage the flow of water run-off and filtration before discharge into the natural environment.

11. A landscape/tree planting program being implemented along the western boundary of Sewell Street within six (6) months from the date of this approval to afford additional buffering to the adjoining residential properties.

12. The existing Dust Management Plan shall be revised within six (6) months from the date of this approval to include both the existing and proposed grain receival and storage operations on Lot 100 and Lot 550, with incorporation of routine monitoring and reporting to ensure compliance with the air quality standards - refer to Advice Note F.

Advice Notes The following advice notes are offered in addition to the notes provided in Form 4 of Clause 86 of the Deemed Provisions on the approval granted in condition(s) above:

a. This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011. It is the responsibility of the Applicant to determine any necessary approvals required and to obtain such approvals prior to the commencement of development and use. However, to assist in understanding the necessary requirements and approvals, further information can be obtained by contacting the Shire’s Building Department on (08) 9642 1106.

b. Nothing in the approval or these conditions shall excuse compliance with all relevant written

laws in the commencement and carrying out of the development.

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c. The applicant is advised a Building Permit is required for the Bulk Storage Facilities prior to commencement of any building works.

d. With reference to Conditions 3 and 4 the applicant is encouraged to contact the Shire’s

Manager of Infrastructure and Regulatory Services on (08) 9642 1106 to gain clarity on the standard of construction required.

e. With reference to Condition 8, an agreed procedure is to be presented to the Local Government

that provides clear understanding and assurance on the placement of detour signage.

f. With reference to Condition 11, the standard of air quality monitoring and report needs to accord with EPA guidance statement no. 18: Prevention of Air Quality Impacts from Land Development Sites.

g. The applicant is advised the Council is open to formal closure of:

i. Sewell Street from Yeo Road to the Rail Line Spur, with this portion of road reserve being

amalgamated with the existing CBH land holdings subject to all associated costs for the closure process and land being acquired by CBH.

ii. Bartram Street from Sewell Street through to Richardson Street, with this road reserve being amalgamated with the existing CBH land holdings subject to all associated costs for the closure process, and land being acquired by CBH and converted to a vegetation screen corridor to enhance the buffer between neighbouring and nearby residences.

h. Should the applicant be aggrieved by the conditions of this planning approval, a right of appeal exists to the State Administrative Tribunal (SAT) subject to Part 14 of the Planning and Development Act 2005. Appeals must be lodged to SAT within 28 days. Further information can be obtained from the SAT website – www.sat.justice.wa.gov.au.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

(Note to Minute: The Council has amended Condition 8 of the Officer Recommendation to substitute the wording “at any time” to read “at the same time”.)

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Attachment 12.08.19.01A

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Attachment 12.08.19.01B

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12.08.19.02 REVISION OF SHIRE OF BROOKTON FIREBREAK ORDER/NOTICE

File No: ADM 0461 Date of Meeting: 15/08/2018 Location/Address: White Street Brookton Name of Applicant: Shire of Brookton Name of Owner: Shire of Brookton Author/s: Stephen Thomson – Manager Infrastructure and

Regulatory Services Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: The Author has no interest in this item Voting Requirements: Simple Majority Previous Report: N/A

Summary of Item: A review of the 2018/2019 Firebreak Order for the Shire of Brookton has been undertaken by the Chief Bush Fire Control Officer (CBCFO)and Deputy Chief Bush Fire Officer (DCBCO). This report reflects a small modification recommended by CBDO and DCBFO for Council’s consideration and adoption in the new 2019/20 Firebreak Order/Notice. Description of Proposal: As above. Background: The review of the 2018/2019 order found it to be unnecessarily restrictive on the use of augers and seed cleaners. A dot point note on the 2018/2019 order blanket included these items of equipment in harvesting operations preventing their use without a nearby designated fire unit being in place. This did not reflect that operations of this type of equipment could safely take place on free of vegetation areas such as silo compounds. Consultation: Consultation was undertaken with the CBFCO and DCBFCO. Other than the alteration nominated for the use of seed cleaners and augers both officers were satisfied with retention of the contents of the 2018/2019 order. Statutory Environment: Local Government under the Bush Fire Act 1954 (as amended) is charged with the responsibility of bushfire management with its district. Specifically, Section 33 of the Bush Fire Act 1954 requires Council to give notice in regards the provision of firebreaks and restriction on burning of flammable materials. Relevant Plans and Policy: There are no Policies or Plans relevant to this matter. Financial Implications: There are no budgetary considerations or implications pertinent to this matter.

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Risk Assessment: Should a Firebreak Order/Notice not be adopted and served on landowners the Council would be in breach of the Bush Fire Act 1954. Further, the Council would not be able to enforce matters of non-compliance under the legislation. Community & Strategic Objectives: This proposal relates to delivery of core business and services detailed in the Shire of Brookton Corporate Compendium – May 2018, duly appended to the Next Generation BROOKTON Corporate Business Plan <2021. Specifically, the review of the Firebreak Order/Notice falls under:

Function 7 Ranger Services Action 7.2 – Conduct Firebreak Inspections

Function 8 Emergency Management Action 8.7 – Support Bushfire Volunteer Brigades / Volunteer Emergency Services

Comment The aim of the review process is to ensure the Firebreak Order/Notice is contemporary and practical for the landowner to adhere to and Council to enforce. The proposed draft remains relatively unchanged from the 2018/2019 version other than addressing the overly restrictive requirements on the use of seed cleaners and augers. The alteration is to the third dot point note that currently states:

“Harvesting operations includes the use of augers and seed cleaning units.”

This is to be altered as follows:

“Harvesting operations includes the use of augers and seed cleaning units other than when used in a silo compound or where surrounded by more than 15 metres cleared area.”

OFFICER’S RECOMMENDATION That Council pursuant to Section 33 of the Bushfire Act, 1954 adopt the revised Firebreak Order/Notice 2019/2020, as presented in Attachment 12.08.19.02. Attachments Attachment 12.08.19.02 OCM 08.19-03 COUNCIL RESOLUTION MOVED CR MILLS SECONDED CR HARTL That Council pursuant to Section 33 of the Bushfire Act, 1954 adopt the revised Firebreak Order/Notice 2019/2020, as presented in Attachment 12.08.19.02.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

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Attachment 12.08.19.02

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13.08.19 COMMUNITY SERVICES REPORTS

Nil

14.08.19 FINANCE & ADMINISTRATION REPORTS

14.08.19.01 LIST OF ACCOUNTS FOR PAYMENT

File No: N/A Date of Meeting: 15/08/2019 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Lois Salkilld – Corporate Business Officer - Finance Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: The author has no financial interest in this matter. Voting Requirements: Simple Majority Previous Report: 18/07/2019

Summary of Item: The list of accounts for payment to 31st July 2019 are presented to Council for inspection. Description of Proposal: To approve the account for payment. Background: In accordance with Local Government (Financial Management) Regulations 1996 Clause 13 (1) schedules of all payments made through Council’s bank accounts are presented to Council for inspection. Please refer to the separate attachment. Consultation: N/A Statutory Environment: Local Government (Financial Management) Regulations 1996; Clause 13 – List of Accounts. Relevant Plans and Policy: Policy No. 4.4 of the Council Policy Manual states that the Chief Executive Officer is authorized to arrange purchase of specific items in the budget, which do not require calling tenders, providing that it is within the approved budget. Financial Implications: There are no financial implications relevant to this report. Risk Assessment: No risks identified as this is an operational reporting requirement. Community & Strategic Objectives: This activity is contained in the Corporate Compendium. Comment Totals of all payments from each of Councils bank accounts are listed below. The payment schedule is provided to Councillors separately and not published on the Shire of Brookton website to mitigate

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against the potential of fraudulent activity that can arise from this practice. Members of the public can obtain the schedule from the Shire of Brookton Administration Office. To 31ST July 2019 Municipal Account Direct Debits $152,632.46 EFT $429,195.21 Trust Account $750.00 OFFICER’S RECOMMENDATION That with respect to the list of accounts for payment, Council: note the payments authorised under delegated authority and detailed below and in the List of Accounts 31st July 2019. To 31ST July 2019 Municipal Account Direct Debits $152,632.46 EFT $429,195.21 Trust Account $750.00 Attachments Attachment 12.08.19.01A Members of the public can obtain the schedule from the Shire of Brookton Administration Office. OCM 08.19-04 COUNCIL RESOLUTION MOVED CR FANCOTE SECONDED CR HARTL That with respect to the list of accounts for payment, Council: note the payments authorised under delegated authority and detailed below and in the List of Accounts 31st July 2019 To 31ST July 2019 Municipal Account Direct Debits $152,632.46 EFT $429,195.21 Trust Account $750.00

CARRIED BY SIMPLE MAJORITY VOTE 5-0

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Attachment 12.08.19.01A

Chq/EFT Date Name Description Amount

EFT10239 31/07/2019 WA TREASURY CORPORATION LOAN 79 & 80 REPAYMENTS DUE 1/8/2019 35,604.20$

EFT10238 31/07/2019 WA LOCAL GOVERNMENT ASSN SUBSCRIPTIONS 2019/20 26,139.22$

EFT10237 31/07/2019 WA CONTRACT RANGER SERVICES RANGER SERVICES 1/7/2019 & 11/7/2019 1,215.50$

EFT10236 31/07/2019 UNICLAD CLADDING TECHNOLOGIES

AUSTRALIA PTY LTD

PROGRESS CLAIM 1 - REPORT 1,320.00$

EFT10235 31/07/2019 TIANCO TRANSPORT SUPPLY OF 56 M3 SAND 184.80$

EFT10234 31/07/2019 STUMPY'S GATEWAY ROADHOUSE WORKS DEPARTMENT PURCHASES 14.00$

EFT10233 31/07/2019 SEEK LIMITED ADVERTISING OF LEADING HAND AND PLANT OPERATOR 627.00$

EFT10232 31/07/2019 RICHARD GILL DIESEL FUEL 121.12$

EFT10231 31/07/2019 RAMM SUPPORT AND MAINTENANCE FEE 2019/2020 6,451.40$

EFT10230 31/07/2019 OFFICEWORKS BUSINESS DIRECT OFFICEWORKS STATIONARY ORDER 1,067.39$

EFT10229 31/07/2019 NARROGIN AUTO CENTRE PU1 - SUPERVISORS UTE - 1GMY057 - 45,000KM SERVICE 820.40$

EFT10228 31/07/2019 MAJOR MOTORS PTY LTD 1DUD178 - 75,000KM SERVICE : BO5367 135KM SERVICE 6,560.36$

EFT10227 31/07/2019 JR & A HERSEY PTY LTD GUIDE POST (50) 1,222.63$

EFT10226 31/07/2019 JH COMPUTER SERVICES MANUAL BACK-UP SYNERGY EOY RATES 88.00$

EFT10225 31/07/2019 IT VISION USER GROUP IT VISION USER GROUP INC. MEMBER SUBSCRIPTION 748.00$

EFT10224 31/07/2019 IT VISION ANNUAL LICENCE FEE 2019/2020 25,141.62$

EFT10223 31/07/2019 GO GO ON-HOLD 12 MONTHLY SERVICE 1/7/2019 TO 30/6/2020 828.00$

EFT10222 31/07/2019 GARDNER AUTOS PTY LTD T/A GARDNER

HOLDEN

HOLDEN HATCHBACK - 12,000KM SERVICE 259.00$

EFT10221 31/07/2019 GARAGE SALE TRAIL FOUNDATION ENROLLMENT WITHIN THE GARAGE SALE TRAIL PROGRAM

2019/2020

550.00$

EFT10220 31/07/2019 DIRECTIONS WORKFORCE SOLUTIONS TRAINEE PAY PERIODS: 14/7/2019 2,441.95$

EFT10219 31/07/2019 DAVID HADDEN HEALTH & BUILDING

SERVICES

CONTRACT EHO SERVICES JULY 2019 3,380.96$

EFT10218 31/07/2019 CG AUTO ELECTRICS INSTALLING RADIOS AND LIGHTS 2,247.40$

EFT10217 31/07/2019 CENTRAL COUNTRY ZONE OF WALGA ANNUAL SUBSCRIPTION 2019/2020 4,158.00$

EFT10216 31/07/2019 BURGESS RAWSON (WA) PTY LTD REIMBURSEMENT WATER CHARGES 17/5/2019 - 12/7/2019 372.24$

EFT10215 31/07/2019 BROOKTON TYRE SERVICE TYRES AND FITTING X 4 QUOTE 2838 1,007.60$

EFT10214 31/07/2019 BROOKTON PLUMBING UNBLOCK DRAIN AT 'NEW' ABLUTION BLOCK 220.00$

EFT10213 31/07/2019 BROOKTON COMMUNITY RESOURCE

CENTRE

HIRE OF PROJECTOR - MOVIE NIGHT 50.00$

EFT10212 31/07/2019 BEDFORD ARMS HOTEL COUNCIL MEETING DINNER - 18/7/2019 171.00$

EFT10211 31/07/2019 BAPTISTCARE OPERATING COSTS - JULY 2019 248,550.03$

EFT10210 31/07/2019 B & N EYRE BROOKTON NEWSAGENCY BUSINESS CARDS FOR TIP PASSES 107.05$

EFT10209 31/07/2019 ATO BUSINESS ACTIVITY STATEMENT LIABILITY FOR JUNE 2019 6,598.00$

EFT10206 26/07/2019 CORNERSTONE LEGAL DISCHARGE OF MORTGAGE, BROOKTON

MULTIFUNCTIONAL FAMILY CENTRE INC.

195.38$

EFT10205 11/07/2019 ZIRCODATA (TOTALLY CONFIDENTIAL

RECORDS)

STORGAE OF ARCHIVE BOXES 59.63$

EFT10204 11/07/2019 WESFARMERS KLEENHEAT GAS PTY LTD GAS 237.60$

EFT10203 11/07/2019 WA TREASURY CORPORATION GOVERNMENT GUARANTEE FEE 4,846.75$

EFT10202 11/07/2019 TOLL TRANSPORT PTY LTD DELIVERY FOR ENVELOPES 15.02$

EFT10201 11/07/2019 T-QUIP 3100D SERVICE 2,558.35$

EFT10198 11/07/2019 SHIRE OF BEVERLEY RE-IMBURSE FIRE EXPENSES - REFER TO INVOICE 4985

FROM SHIRE OF BEVERLEY

3,124.29$

EFT10197 11/07/2019 RICHARD GILL REIMBURSMENT HAND TROLLEY & TRAVEL 139.18$

EFT10196 11/07/2019 NARROGIN CARPETS & CURTAINS CURTAIN TRACK TO REPLACE DAMAGED TRACK 59.00$

EFT10195 11/07/2019 LESLIE ROBERT EYRE MAY & JUNE 2019 - SHIRE OVAL CONTRACT 800.00$

EFT10194 11/07/2019 LANDGATE (DOLA) SCHEDULES R2019/4 & M2019/2 66.50$

EFT10193 11/07/2019 KATRINA LOUISE CRUTE TRAVEL ALLOWANCE EXECUTIVE ROAD SAFEY LEADERSHIP

PROGRAM

500.00$

EFT10192 11/07/2019 H RUSHTON & CO 2 X BATTERIES 319.61$

EFT10191 11/07/2019 GREAT SOUTHERN WASTE WASTE COLLECTION SERVICE MAY - JUNE 2019 10,752.24$

EFT10190 11/07/2019 GREAT SOUTHERN FUEL SUPPLIES FUEL CARD PURCHASES JUNE 2019 1,168.15$

EFT10189 11/07/2019 DMC CLEANING CLEANING SERVICES - ADMIN BUILDING 4,307.33$

EFT10188 11/07/2019 DIRECTIONS WORKFORCE SOLUTIONS TRAINEE PAY PERIOD 17/6/2019 TO 30/6/2019 2,485.12$

EFT10187 11/07/2019 CJD EQUIPMENT 500 HOUR SERVICE ON VOLVO LOADER 2,603.65$

EFT10186 11/07/2019 BUNNINGS TRADE BSL1.98-3.35M HEAVY DUTY GALVANISED FORMWORK

PROPS

552.90$

EFT10185 11/07/2019 BROOKTON SUPERMARKET MILK AND MISC ITEMS - JUNE 2019 85.74$

EFT10184 11/07/2019 BROOKTON RURAL TRADERS WORKS DEPT PURCHASES/GARDEN SUPPLIES/2016

O'STANDING INVOICES IDENTIFIED

5,861.55$

JULY 2019 LIST OF ACCOUNTS DUE & SUBMITTED TO COUNCIL 15 AUGUST 2019

ATTACHMENT 14.08.19.01A

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EFT10183 11/07/2019 BROOKTON PLUMBING REMOVE ROOTS FROM WASTE, CLEAR CALCIUM BUILD-UP

REFIT CISTERN TO WALL.

242.00$

EFT10182 11/07/2019 BOC GASES WORKS DEPARTMENT PURCHASES LESS THAN $50.00 PER

TRANSACTION - MAY

104.63$

EFT10181 11/07/2019 B & N EYRE BROOKTON NEWSAGENCY PINGELLY TIMES & BROOKTON TETEGRAPH 8.00$

EFT10180 11/07/2019 AUSTRALIA POST POSTAL SERVICE JUNE 2019 106.15$

EFT10179 11/07/2019 AMPAC DEBT RECOVERY DEBT RECOVERY COSTS 8,512.66$

TOTAL EFT PAYMENTS 427,978.30$

Chq/EFT Date Name Description Amount

EFT10207 26/07/2019 BROOKTON CHORAL SOCIETY REFUND HALL BOND 500.00$

EFT10208 26/07/2019 ST JOHN AMBULANCE ASSN REFUND PAVILION BOND 250.00$

TOTAL TRUST $ 750.00

SALARIES & WAGES $ 121,694.15

MERCHANT FEES $ 123.50

SUPERANNUATION $ 24,042.80

SYNERGY $ 4,602.10

TELSTRA $ 1,056.31

WATER CORPORATION $ 783.60

CLASSIC FUNDING GROUP $ 330.00

TOTAL $ 152,632.46

DATE AMOUNT

5/06/19 Westnet 159.90$

26/06/19 Commercail Lease Agreement - Template 19.50$

11/06/19 Safetyculture 16.50$

Card Fee $ 4.00

TOTAL $ 199.90

DATE AMOUNT

28/06/2019 Credit Harris Scarge, previous double charge 139.90-$

28/06/2019 Purchase alcohol for Council Meeting 80.00$

29/06/2019 Purchase snacks and soft drinks for Council Meeting 42.55$

Card Fee 4.00$

TOTAL -$ 13.35

DATE AMOUNT

23/06/19 KNIGHTLINE COMPUTERS 24.25$

29/06/19 TTFS GROUP PTY LTD 988.76$

Card Fee 4.00$

TOTAL $ 1,017.01

DESCRIPTION

SHIRE OF BROOKTON

CREDIT CARD PURCHASES DCEO

DESCRIPTION

SHIRE OF BROOKTON

CREDIT CARD PURCHASES MIRS

DESCRIPTION

DIRECT DEBITS FOR JULY 2019

CREDIT CARD PURCHASES CEO

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14.08.19.02 ADOPTION OF 2019-2020 BUDGET

File No: N/A Date of Meeting: 15/08/2019 Location/Address: N/A Name of Applicant: Shire of Brookton Name of Owner: N/A Author/s: Kelly D’Arcy –Corporate Business Officer – Compliance & Finance

Vicki Morris - DCEO Authorising Officer: Ian D’Arcy - CEO Declaration of Interest: None Voting Requirements: Absolute Majority Previous Report: There is no previous meeting reference

Summary of Item: This report outlines the annual budget process leading to Councils adoption and striking of the rates and charges for the 2019-2020 financial year and other consequential matters arising from the Budget.

Description of Proposal: Council is required to prepare and adopt, in the manner and form prescribed, an annual budget no later than 31 August each year, in accordance with Section 6.2 of the Local Government Act 1995.

The 2019-2020 annual budget has been prepared to include information required by the Local Government Act 1995, Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards.

Background: The budget for the 2019-2020 year continues to support service delivery for the Shire but also allows the Shire to plan, consolidate and implement a number of key issues. There is a need in the 2019-2020 Budget to deliver on a number of key strategic reviews pertaining to records management and IT, asset management and community engagement and so on. At this stage the Shire has made budget allowances for these reviews to take place in this financial year. The reviews will also allow the Shire to plan for the future in a more systematic and fiscally responsible manner.

However, the 2019-2020 Annual Budget has also identified a number of key financial activities that require review. The Long Term Financial Plan (LTFP) requires review as the proposed rate increase has been set at 1.85% and not 7% as in the LFP. The review of the general ledger accounts also needs to occur as some of these have now been deemed obsolete but an overall review of the accounts and the accounting process used at the Shire of Brookton requires review in the 2019-2020 financial year.

The main features of the 2019-2020 budget are:

An increase in the revenue raised from rates of 1.85%. The proposed increase still enables the Shire to carry out its direct services to the community while still enabling the Shire to transfer some funds to reserves. The Shire, as part of its asset management planning, will need plan for contingencies with respect to building assets.

A 6.00% decrease in the rate in the dollar for Sewerage charges. This will still enable a transfer of $55,000 of sewerage income into the Sewerage Scheme Reserve.

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The Capital Works program for the 2019-2020 year has been reviewed in line with more realistic and achievable goals noting that overall roads grants have reduced with the Roads to Recovery 4 year cycle beginning in this financial year.

The Reserves have also been reviewed AND CONSOLIDATED, with the Housing Reserve and the Independent Living Units Reserve being amalgamated to form one reserve “Land & Housing Development Reserve”. The Health and Age Care Reserve and the Saddleback Building Reserve has been merged and renamed as the Health and Wellbeing Reserve. The Community Bus Reserve has been merged with the Plant and Vehicle Reserve. It is anticipated that new building infrastructure and reparation/restoration projects will commence planning in the 2019/2020 year and progress throughout 2019-2020 with the funds for this work being drawn from the Land & Housing Development Reserve. Other reserve funds have been increased in line with the principles of the LTFP.

Overall the budget for the 2019-2020 financial year is reasonable and still provides for the essential services as required by a Local Government.

In the 2019/2020 financial year the Shire is required to review the Strategic Community Plan and the Corporate Business plan. The review is part of the mandatory reporting framework as required by the State Government. However, the review should provide the Council with a better understanding of the community aspirations and views and will be able to plan for the next two to four years.

Consultation: Consultation has taken place with all relevant staff members and elected members have been part of a budget and finance workshop sessions.

Statutory Environment: All local governments are required to adopt an annual budget in accordance with Part 6, Division 2, of the Local Government Act 1995 (The Act), Part 3 of the Local Government (Financial Management) Regulations 1996, Australian Accounting Standards (AASB) and the Australian Accounting Standards Board Interpretations (AASBI). In relation to budgeting, section 6.2 (1) of the Act states:

During the period from 1 June in a financial year to 31 August in the next financial year, or such extended time as the Minister allows, each local government is to prepare and adopt (absolute majority required), in the form and manner prescribed, a budget for its municipal fund for the financial years ending on the 30 June next following that 31 August.

The Department of Local Government has prepared the WA Local Government Accounting Manual. Part 4 of the manual covers the Budget process.

Relevant Plans and Policy: Council Policy 4.1: Significant Accounting Policies – “Where practical the Budget should be completed and adopted prior to 31 July and, if not practical, by 31 August in accordance with the provisions of the Local Government Act 1995”.

Financial Implications: Financial implication are detailed in the 2019-2020 Annual Budget, as a separate attachment to this report.

Risk Assessment: The risk of not adopting the 2019-2020 Annual Budget will mean that the Shire is non-compliant with the Local Government Act 1995 and the Australian Accounting Standards.

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It is not recommended this item be added to the Shire’s Risk Register, nor that a Risk Treatment Plan be required. Community & Strategic Objectives: The Annual Budget process is contained within the “Corporate Compendium”. Comment The annual budget process is a requirement of the Local Government Act 1995 and all local governments are required to prepare an annual budget. It is recommended that the Council, in accordance with the provisions of section 6.2 of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations 1996, adopt the 2019-2020 Budget as presented in separate attachments to this report. OFFICER’S RECOMMENDATION That Council: 1. By an Absolute Majority, adopts the annual budget for the Shire of Brookton for the year ending

30 June 2020 in accordance with the provisions of Section 6.2 of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations as per the a Attachment 14.08.19.02A to this report.

2. General Rate

In accordance with Section 6.33 of the Local Government Act 1995, imposes a rate in the dollar for the areas of the Shire valued on Gross Rental Values of 10.1453 cents in the dollar ($1.00) and Unimproved Values of 1.0299 cents in the dollar ($1.00).

3. General Minimum Rate

In accordance with Section 6.35(1) of the Local Government Act 1995 set a general minimum rates of $809.00 for the 2019-2020 financial year for Gross Rental Value properties and a general minimum rate of $1385.00 for the 2019-2020 financial year for Unimproved Value properties.

4. Due date for Payment of Rates

In accordance with section 6.45 of the Local Government Act 1995 and Regulations 64 (2) of the Local Government (Financial Management) Regulations 1996, set the following due dates for the payment of rates in full and the payment of rates by instalments (either four instalments or two instalments): Full payment or 1st instalment due date 26 September 2019 2nd of 4 instalment due date 29 November 2019 2nd of 2 or 3rd of 4 instalment due date 03 February 2020 4th of 4 instalment due date 08 April 2020

Special Payment Arrangements: May apply special payment arrangements which can be made with the Shire for those ratepayers who may be unable to pay in full or according to the instalment plans offered. An administration fee of $30.00 is applied on each special payment arrangement. Penalty interest of 11% per annum, from and including the 36th day from the issue of the rates notices, is applied to the outstanding balance until the account is paid in full.

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Further, in accordance with the the provisions of section 6.49 of the Local Government Act 1995, the Council authorises the CEO to enter into special payment arrangements with ratepayers for the payment of general rates, emergency services levy, sewerage charges and rubbish charges during the 2019-2020 financial year. The Shire offers advance payments as a further alternative option for the payment of rates whereby, following the payment of the 2019/2020 rates and charges, a ratepayer can, if they elect to do so, commence paying the 2020-2021 rates in advance weekly, fortnightly or monthly payments with no fees charged or interest paid for any payments received by the Shire prior to the due date of the full payment of the 2020/2021 rates and charges.

5. Interest on Rate Instalments

In accordance with section 6.45 of the Local Government Act 1995 and Regulation 68 of the Local Government (Financial Management) Regulations 1996, adopt an interest rate of 5.5% where the owner has elected to pay rates through an instalment option.

6. Administration Charge on Instalments

In accordance with section 6.45 of the Local Government Act 1995 and Regulation 67 of the Local Government (Financial Management) Regulations 1996, adopt an instalment administration charge where the owner has elected to pay rates through an instalment option of $10.00 for each instalment after the initial instalment is paid.

7. Interest on Overdue Rates

Adopt an interest rate of 11% for rates and costs of proceedings to recover such charges that remain unpaid after becoming due and payable.

8. Rate Concessions

Provides the following concession in relation to the adopted 2019-2020 Annual budget for rates: That a rate concession be granted to property owners where a contiguous property crosses a shire boundary, resulting in a portion of that property being assessed at a calculated rate. The concession will be calculated by deducting the amount that would otherwise be payable on the relevant property if it were continuously rated by the relevant neighbouring shire from the amount that has been assessed and or paid in the current year with Council.

9. Emergency Services Levy Interest charge

In accordance with the provisions of section 36S of the Fire and Emergency Services Act 1998, imposes interest in all current and arrears amounts of emergency services levy at the rate of 11% per annum calculated on a simple interest basis on amounts which remain unpaid after 35 days from the issue date of the original rate notice, or the due date of an instalment and continues until the arrears is fully paid. Excluded are instalment current amounts not yet due under the two or four payment instalment options, registered pensioner portions and current government pensioner rebate amounts. Interest is calculated daily on the outstanding balance and is debited to the account monthly in arrears.

10. Refuse Site Charges

In accordance with sections 6.32, 6.34 and 6.35 of the Local Government Act 1995 impose the following General and Minimum rates in relation to refuse charges: Refuse Site Rate – Unimproved Values - 0.0001 cents in the dollar – Minimum rate = $59.00 Refuse Site Rate – Gross Rental Values - 0.0002 cents in the dollar – Minimum rate = $59.00

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11. Rubbish Charges In accordance with section 6.16 and 6.17 of the Local Government Act 1995 impose the following fees and charges in relation to domestic and commercial rubbish collection:

Residential – once per week single 240L bin pick up including fortnightly recycling = $346.00 per annum

Commercial – once per week single 240l bin pick up = $346.00 per annum

Each additional bin pick up once per week = $346.00 per annum

12. Councillor Remuneration Councillor Meeting Fees $ 200.00 Committee Meeting Fees $ 100.00 Presidents Meeting Fees $ 400.00 per meeting Presidents Allowance $1,500.00 Deputy President Allowance $ 375.00 Working/Advisory Groups $ 100.00 Regional Road Group $ 150.00 WALGA Zone $ 150.00 External Committees - $50 per meeting (Travel only from within the Shire boundary the meeting at the rate determined by the Salaries and Allowances Tribunal) – 0.78 cents km

13. Sewerage Charges In accordance with the Public Health Act 2016 & Health (Miscellaneous Provisions) Act 1911 sections 40 and 41, adopt the following sewerage charges to be imposed on all properties in the Brookton Town Site that are capable of being connected to the sewerage scheme:

Sewerage residential – 6.0438 cents in the dollar, minimum $504.00 per property

Sewerage Commercial – 11.2653 cents in the dollar, minimum $1037.00 per property

Sewerage Vacant - $333.00 per property

Sewerage Non-rateable (Category 2) = $1604.00 (minimum) per property

Sewerage Non-rateable (Category 4) = $551.00 (minimum) per property

Sewerage Non-rateable (Category 5) = $816.00 (minimum) per property

Sewerage Non-rateable (Category 6) = $1208.00 (minimum) per property

14. Adoption of Material Variance Level for Reporting Adopt the value of +/- $10,000 or 10% whichever is the greater as the minimum amount for reporting material variances for the 2019-2020 financial year.

15. Adoption of Amended Fees and Charges Schedule 2019/2020 year

Adopt the amended fees and charges schedule for the 2019/2020 financial year.

ABSOLUTE MAJORITY VOTE REQUIRED Attachments under separate cover Attachment 14.08.19.02A – 2019/2020 Budget https://www.brookton.wa.gov.au/documents/698/15-august-2019-ordinary-council-meeting-attachment-14.08.19.02a Attachments Attachment 14.08.19.02B – Amended Fees and Charges Schedule 2019/2020

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OCM 08.19-05 COUNCIL RESOLUTION MOVED CR EYRE SECONDED CR MILLS That Council: 1. By an Absolute Majority, adopts the annual budget for the Shire of Brookton for the year ending

30 June 2020 in accordance with the provisions of Section 6.2 of the Local Government Act 1995 and Part 3 of the Local Government (Financial Management) Regulations as per the a Attachment 14.08.19.02A to this report.

2. General Rate

In accordance with Section 6.33 of the Local Government Act 1995, imposes a rate in the dollar for the areas of the Shire valued on Gross Rental Values of 10.1453 cents in the dollar ($1.00) and Unimproved Values of 1.0299 cents in the dollar ($1.00).

3. General Minimum Rate

In accordance with Section 6.35(1) of the Local Government Act 1995 set a general minimum rates of $809.00 for the 2019-2020 financial year for Gross Rental Value properties and a general minimum rate of $1385.00 for the 2019-2020 financial year for Unimproved Value properties.

4. Due date for Payment of Rates

In accordance with section 6.45 of the Local Government Act 1995 and Regulations 64 (2) of the Local Government (Financial Management) Regulations 1996, set the following due dates for the payment of rates in full and the payment of rates by instalments (either four instalments or two instalments): Full payment or 1st instalment due date 26 September 2019 2nd of 4 instalment due date 29 November 2019 2nd of 2 or 3rd of 4 instalment due date 03 February 2019 4th of 4 instalment due date 08 April 2019

Special Payment Arrangements: May apply special payment arrangements which can be made with the Shire for those ratepayers who may be unable to pay in full or according to the instalment plans offered. An administration fee of $30.00 is applied on each special payment arrangement. Penalty interest of 11% per annum, from and including the 36th day from the issue of the rates notices, is applied to the outstanding balance until the account is paid in full. Further, in accordance with the the provisions of section 6.49 of the Local Government Act 1995, the Council authorises the CEO to enter into special payment arrangements with ratepayers for the payment of general rates, emergency services levy, sewerage charges and rubbish charges during the 2019-2020 financial year. The Shire offers advance payments as a further alternative option for the payment of rates whereby, following the payment of the 2019/2020 rates and charges, a ratepayer can, if they elect to do so, commence paying the 2020-2021 rates in advance weekly, fortnightly or monthly payments with no fees charged or interest paid for any payments received by the Shire prior to the due date of the full payment of the 2020/2021 rates and charges.

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5. Interest on Rate Instalments In accordance with section 6.45 of the Local Government Act 1995 and Regulation 68 of the Local Government (Financial Management) Regulations 1996, adopt an interest rate of 5.5% where the owner has elected to pay rates through an instalment option.

6. Administration Charge on Instalments

In accordance with section 6.45 of the Local Government Act 1995 and Regulation 67 of the Local Government (Financial Management) Regulations 1996, adopt an instalment administration charge where the owner has elected to pay rates through an instalment option of $10.00 for each instalment after the initial instalment is paid.

7. Interest on Overdue Rates

Adopt an interest rate of 11% for rates and costs of proceedings to recover such charges that remain unpaid after becoming due and payable.

8. Rate Concessions

Provides the following concession in relation to the adopted 2019-2020 Annual budget for rates: That a rate concession be granted to property owners where a contiguous property crosses a shire boundary, resulting in a portion of that property being assessed at a calculated rate. The concession will be calculated by deducting the amount that would otherwise be payable on the relevant property if it were continuously rated by the relevant neighbouring shire from the amount that has been assessed and or paid in the current year with Council.

9. Emergency Services Levy Interest charge

In accordance with the provisions of section 36S of the Fire and Emergency Services Act 1998, imposes interest in all current and arrears amounts of emergency services levy at the rate of 11% per annum calculated on a simple interest basis on amounts which remain unpaid after 35 days from the issue date of the original rate notice, or the due date of an instalment and continues until the arrears is fully paid. Excluded are instalment current amounts not yet due under the two or four payment instalment options, registered pensioner portions and current government pensioner rebate amounts. Interest is calculated daily on the outstanding balance and is debited to the account monthly in arrears.

10. Refuse Site Charges

In accordance with sections 6.32, 6.34 and 6.35 of the Local Government Act 1995 impose the following General and Minimum rates in relation to refuse charges: Refuse Site Rate – Unimproved Values - 0.0001 cents in the dollar – Minimum rate = $59.00 Refuse Site Rate – Gross Rental Values - 0.0002 cents in the dollar – Minimum rate = $59.00

11. Rubbish Charges

In accordance with section 6.16 and 6.17 of the Local Government Act 1995 impose the following fees and charges in relation to domestic and commercial rubbish collection:

Residential – once per week single 240L bin pick up including fortnightly recycling = $346.00 per annum

Commercial – once per week single 240l bin pick up = $346.00 per annum

Each additional bin pick up once per week = $346.00 per annum

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12. Councillor Remuneration

Councillor Meeting Fees $ 200.00 Committee Meeting Fees $ 100.00 Presidents Meeting Fees $ 400.00 per meeting Presidents Allowance $1,500.00 Deputy President Allowance $ 375.00 Working/Advisory Groups $ 100.00 Regional Road Group $ 150.00 WALGA Zone $ 150.00 External Committees - $50 per meeting (Travel only from within the Shire boundary the meeting at the rate determined by the Salaries and Allowances Tribunal) – 0.78 cents km

13. Sewerage Charges In accordance with the Public Health Act 2016 & Health (Miscellaneous Provisions) Act 1911 sections 40 and 41, adopt the following sewerage charges to be imposed on all properties in the Brookton Town Site that are capable of being connected to the sewerage scheme:

Sewerage residential – 6.0438 cents in the dollar, minimum $504.00 per property

Sewerage Commercial – 11.2653 cents in the dollar, minimum $1037.00 per property

Sewerage Vacant - $333.00 per property

Sewerage Non-rateable (Category 2) = $1604.00 (minimum) per property

Sewerage Non-rateable (Category 4) = $551.00 (minimum) per property

Sewerage Non-rateable (Category 5) = $816.00 (minimum) per property

Sewerage Non-rateable (Category 6) = $1208.00 (minimum) per property

14. Adoption of Material Variance Level for Reporting Adopt the value of +/- $10,000 or 10% whichever is the greater as the minimum amount for reporting material variances for the 2019-2020 financial year.

15. Adoption of Amended Fees and Charges Schedule 2019/2020 year

Adopt the amended fees and charges schedule for the 2019/2020 financial year.

CARRIED BY ABSOLUTE MAJORITY VOTE 5-0

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Attachment 14.08.19.02B

100%

GST Status 2019/20 Fee/Charge GL Account

ADMINISTRATION

PhotocopyingPer A4 Sheet (Strictly

Library Use Only)GST Included $1.00 I114010.139

Council and Committee Meeting Agendas and Minutes By email Council N/A No Charge I042010.139

Hard copy Council GST Included $25.00 I042010.139

Hard Copy at Council

MeetingCouncil N/A No Charge

Freedom of Information Act Charges (Freedom of Information Regulations 1993

Schedule 1)

Application Fee Per application Statutory Exempt- D81 $30.00 I042010.139

Staff Time dealing with FOI application Per Hour (pro rata) Statutory Exempt- D81 $30.00 I042010.139

Charge for delivery, packaging and postage Per application Statutory Exempt- D81 Actual Cost I042010.139

LIBRARY FEES

Replacement of membership card GST Included $5.00 I114010.139

Lost/Damaged item GST Included Cost + 20% I114010.139

Late Fee / Fines (Max charge $2.00) GST Included 20c per day I114010.139

(Borrowing privileges

revoked if over $10.00

accrued)

Rates & Property

Rates Account Enquiry (Orders & Requisitions) per enquiry Council Exempt- D81 $155.00 I031020.108

Rates Special Arrangement Administration Fee Council Exempt- D81 $30.00 Added to Assessment

Debt Recovery - Debt Clearance Letter per enquiry Council GST Included $55.00 I031020.109

Reprint of Rates Notice Per copy Council Exempt- D81 $20.00 I031020.109

Rural Street Address Application Fee Council GST Included $110.00 I122030.160

Building Plan Search Admin Fee per enquiry Council GST Included $16.00 I031020.109

Electoral Rolls per roll Council Exempt- D81 $45.00 I042010.139

Rate Book (Printed or Electronic) per roll Council $90.00 I042010.139

Certificate of Title Search Fee per enquiry Council GST Included $36.00 I031020.109

Other Administration

Lost Keys Per Key Council GST Included $60.00 I042010.139

Sound Equipment

- All Hirers Half day (plus bond) Council GST Included $55.00 I042010.139

Day & Night (plus bond) Council GST Included $90.00 I042010.139

BOND Council No GST $250.00 TRUST

ANIMAL CONTROL (Dog Act 1976 - Dog Regulations 2013)

https://www.dlgsc.wa.gov.au/localgovernment/forcommunity/Pages/Dogs-and-

Cats.aspx

All registrations expire

on 31 October each

year.

Registrations paid after

31 May each year are

discounted by 50%

Dog Registration Fees

Unsterilised Dog 1 year Statutory Exempt- D81 $50.00 I052010.111

3 Year Statutory Exempt- D81 $120.00 I052010.111

For Life Statutory Exempt- D81 $250.00 I052010.111

Sterilised Dog 1 year Statutory Exempt- D81 $20.00 I052010.111

3 Year Statutory Exempt- D81 $42.50 I052010.111

For Life Statutory Exempt- D81 $100.00 I052010.111

Unsterilised Working Dog 1 year Statutory Exempt- D81 $12.50 I052010.111

3 Year Statutory Exempt- D81 $30.00 I052010.111

Sterilised Working Dog 1 year Statutory Exempt- D81 $5.00 I052010.111

3 Year Statutory Exempt- D81 $10.63 I052010.111

Working Dogs (droving or caring for stock) For Life Statutory Exempt- D8225% of the fee that would otherwise be

payableI052010.111

Kennel Fees (as per s27 of the Dog Act) Per Establishment Statutory Exempt- D81 $200.00 I052010.111

Application to keep more than 2 dogs Statutory Exempt- D81 $124.00 I052010.111

Cat Registration Fees

All Cats Must be

Sterilised (except

breeding cats)

Cat - Sterilised 1 year Statutory Exempt- D81 $20.00 I052010.111

3 Year Statutory Exempt- D81 $42.50 I052010.111

For Life Statutory Exempt- D81 $100.00 I052010.111

Approval to Breed CatsPer breeding cat (male

or female)Statutory Exempt- D81 $100.00 I052010.111

Pensioner (Holding concession card)

Entitled to a discount of

50% of above registration

fees

50% of above registration fees

Ranger Services:

- seizure and impounding of dog Council GST Included $100.00 I052010.117

- maintenance of dog in poundper day of part thereof -

weekdayCouncil GST Included $40.00 I052010.117

per day of part thereof -

weekendCouncil GST Included $130.00 I052010.117

- destruction of dog Council GST Included $120.00 I052010.117

(Dogs will not be released from the pound unless licence and pound fees paid)

- Surrender of Dog Council GST Included NIL I052010.117

Penalty: Unregistered dog/cat Statutory Exempt- D81 $100.00 I052010.117

Penalty: Dog in public place without a collar or tags Statutory Exempt- D81 $100.00 I052010.117

Penalty: Dog causing a nuisance Statutory Exempt- D81 $150.00 I052010.117

Penalty: Failure to control a dog in exercise areas and rural areas Statutory Exempt- D81 $150.00 I052010.117

Penalty: Keeping more than the prescribed number of dogs Statutory Exempt- D81 $100.00 I052010.117

Offences against the Bush fires Act (Bush Fire Act 1954 )As per Part III Division 6

Section 33.

Infringement Statutory Exempt- D81 $250.00 I051010.117

Installation of Fire Break Cost Recovery GST Included Cost Recovery I051010.118

Hazard Reduction Burns Per Hour GST Included $184.00 I051010.118

Shire of Brookton

Fees and Charges Effective From 1 July 2019 to 30 June 2020

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BUILDING FEES

In accordance with

Building Regulations

2012 and as amended

from time to time

Certified applications for a Building Permit Class 1 & 10 Minimum Fee $97.70 Statutory Exempt- D81 0.19% of Cost of Construction I134010.112

Certified applications for a Building Permit Class 2 to 9 Minimum Fee $97.70 Statutory Exempt- D81 0.09% of Cost of Construction I134010.112

Uncertified Building Application Minimum Fee $97.70 Statutory Exempt- D81 0.32% of Cost of Construction I134010.112

Application for a Demolition Permit Class 1 & 10 Minimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application for a Demolition Permit Class 2 to 9 Minimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application to extend Building or Demolition permit Minimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application for an Occupancy Permit - completed building Minimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application for a Temporary Occupancy Permit - incomplete building Minimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application for modification of an Occupancy Permit for additional use of a building on a

temporary basisMinimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application for an Occupancy Permit for a permanent change of the building use classification Minimum Fee $97.70 Statutory Exempt- D81 $105.00 I134010.112

Application for a Occupancy Permit or Building Approval Certificate for registration of Strata

Scheme, plan of re-subdivision

Based on number of

units. Minimum Charge

$107.70

Statutory Exempt- D81 $11.60 for each strata unit. I134010.112

Application for an Occupancy Permit - unauthorised building work Minimum Fee $97.70 Statutory Exempt- D81 0.18% of Cost of Construction I134010.112

Application for a Building Approval Certificate - unauthorised building work Minimum Fee $97.70 Statutory Exempt- D81 0.38% of Cost of Construction I134010.112

Application to replace an Occupancy Permit for an existing building Statutory Exempt- D81 $105.00 I134010.112

Application for a Building Approval Certificate for an existing building - authorised building

workStatutory Exempt- D81 $105.00 I134010.112

Application to extend the time which an Occupancy Permit of Building Approval Certificate

has effectStatutory Exempt- D81 $105.00 I134010.112

Building Services Levy

Building Permit or Demolition Permit > or = $45,000 Statutory Exempt- D81 0.137% of value of the work 0L01258

Building Permit or Demolition Permit < $45,000 Statutory Exempt- D81 $61.65 0L01258

Occupancy Permit Statutory Exempt- D81 $61.65 0L01258

Building Approval Certificate Statutory Exempt- D81 $40.50 0L01258

Unauthorised Building Work > or = $45,000 Statutory Exempt- D81 0.274% of value of the work 0L01258

Unauthorised Building Work <$45,000 Statutory Exempt- D81 $123.30 0L01258

BCITF Fee - all building permits > or = $20,000 Statutory Exempt- D810.2% Cost of Construction (incl

GST)0L01258

Private Swimming pool inspection feeInspected every 4

years/Max Fee $58.45Statutory Exempt- D81 $58.45 I134010.139

GENERAL

Bond - No Alcohol Council $250.00 TRUST

Bond - With Alcohol Council $500.00 TRUST

Clean/Damage Cost Recovery (per Policy 2.25)at cost plus 15% admin

feeCouncil GST Included As per Council Policy I111011.116

MEMORIAL HALL

Entire Facility

Commercial/State Government & Other AgenciesFlat Daily Rate (6am to

12midnight)Council GST Included $250.00 I111011.116

Private FunctionFlat Daily Rate (6am to

12midnight)Council GST Included $150.00 I111011.116

Community GroupFlat Daily Rate (6am to

12midnight)Council GST Included $40.00 I111011.116

Community Group Flat Hourly Rate Council GST Included $6.00 I111011.116

OLD BOWLING CLUB

Community Group Flat Hourly Rate Council GST Included $10.00 I111010.116

Community GroupFlat Daily Rate (6am to

12midnight)Council GST Included $58.00 I111010.116

WB EVA PAVILION

Entire Facility (Excluding the Gymnasium)

Commercial/State Government & Other AgenciesFlat Daily Rate (6am to

12midnight)Council GST Included $320.00 I111012.116

Private FunctionFlat Daily Rate (6am to

12midnight)Council GST Included $160.00 I111012.116

Community GroupFlat Daily Rate (6am to

12midnight)Council GST Included $58.00 I111012.116

Community Group Flat Hourly Rate Council GST Included $10.00 I111012.116

Community Room (Northern end of Pavilion) - Shared Use of Kitchen

Commercial/State Government & Other AgenciesFlat Daily Rate (6am to

12midnight)Council GST Included $118.00 I111012.116

Commercial/State Government & Other Agencies Flat Hourly Rate Council GST Included $25.00 I111012.116

Private FunctionFlat Daily Rate (6am to

12midnight)Council GST Included $54.00 I111012.116

Private Function Flat Hourly Rate Council GST Included $13.00 I111012.116

Community GroupFlat Daily Rate (6am to

12midnight)Council GST Included $21.00 I111012.116

Community Group Flat Hourly Rate Council GST Included $3.00 I111012.116

RECREATION GROUND OVAL

Hire of Oval per day (up to 24hrs) Flat Daily Rate Council GST Included $136.00 I113010.116

Hire of Oval per hour Flat Hourly Rate Council GST Included $32.00 I113010.116

GYM FEES

Gym Key Bond $60.00 Trust

PUBLIC BUILDING HIRE FEES - Per Council Policy 2.25 Hall Hire & 2.24 Fees and Charges for Community Facilities and Active Reserves

Commercial - are activities run by private companies - this includes CBH, Silverchain and Baptistcare (includes MRWA, Wheatbelt Dev Comm, the School/Education Department etc)

Community Groups - are groups that are run by volunteer committees .

Private Functions - are functions organised by individuals - birthday parties, funerals etc.

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Adult

Adult Membership - 3 Month $30.00 per month Council GST Included $90.00 I113010.139

Adult Membership - 6 Month $26.66 per month Council GST Included $160.00 I113010.139

Adult Membership - 1 Year $20.00 per month Council GST Included $240.00 I113010.139

Junior (Under the age of 18 but over the age of 12 years)

Junior Membership - 3 Month 50% of Adult Fee Council GST Included $45.00 I113010.139

Junior Membership - 6 Month 50% of Adult Fee Council GST Included $80.00 I113010.139

Junior Membership - 1 Year 50% of Adult Fee Council GST Included $120.00 I113010.139

Seniors - Concession Card Holders

Concession Membership - 3 Months 50% of Adult Fee Council GST Included $45.00 I113010.139

Concession Membership - 6 Months 50% of Adult Fee Council GST Included $80.00 I113010.139

Concession Membership - 1 Year 50% of Adult Fee Council GST Included $120.00 I113010.139

Group Fees:

Commercial Activities/State Government & Other Agencies Per Session * Council GST Included $25.00 I113010.139

* Session is any period up to 1.5 hours; run by a qualified instructor, and not more that

one session allowed between 5.00pm and 9.00pm per day.

HARDCOURTS

Hire of Hard courts per day (up to 24hrs) Council GST Included $63.00 I113010.116

Casual Court Hire Per Hour Council GST Included $16.00 I113010.116

COMMUNITY GROUP CONTRIBUTIONS

Football Club Per Annum Council GST Included $1,400.00 I113010.124

Cricket Club Per Annum Council GST Included $740.00 I113010.124

Hockey Club Per Annum Council GST Included $740.00 I113010.124

Netball Club Per Annum Council GST Included $350.00 I113010.124

Mixed Night Netball (per Session) Per Session Council GST Included $37.00 I113010.124

Tennis Club Per Annum Council GST Included $1,415.00 I113010.124

Playgroup * Per Session Council GST Included $20.00 I111012.116

Sporting Club Fees Include:

1. The use of the Oval/Courts for home game fixture;

2. The use of the change rooms for training nights and home game fixtures;

3. The use of the facilities for home game fixture;

4. Three (3) free additional function hires which includes wind-ups or meetings.

Provided that;

1. Bookings are made for every use;

2. The buildings and facilities are left clean as per the Conditions of Use, including playing

surfaces; and

3. That all damage or faults are reported.

* Playgroup hire fees include Pavilion use only (not Oval/Courts/Change rooms etc)

CARAVAN PARK

Powered Site Per Van

Per Night Nightly Council GST Included $30.00 I132010.114

Per Week Weekly Council GST Included $180.00 I132010.114

Per Night - Concession Card Holder Nightly Council GST Included $26.00 I132010.114

Per Week - Concession Card Holder Weekly Council GST Included $156.00 I132010.114

Unpowered Site Per Van

Per Night Nightly Council GST Included $25.00 I132010.114

Per Week Weekly Council GST Included $150.00 I132010.114

Per Night - Concession Card Holder Nightly GST Included $20.00 I132010.114

Per Week - Concession Card Holder Weekly GST Included $120.00 I132010.114

Camping (grassed area)

Per Night Nightly Council GST Included $22.00 I132010.114

Per Night - Concession Card Holder Nightly Council GST Included $20.00

Shower usage only Per shower Council GST Included $10.00 I132010.114

Long Term Residents Per week Council GST 5% $150.00 I132010.114

CEMETERY

Funeral Director's Licence (Annual) Council Exempt- D81 $105.00 I105010.115

Single funeral permit Council Exempt- D81 $75.00 I105010.115

Application for Monumental Mason's Licence Council Exempt- D81 $75.00 I105010.115

Interment Monday to Friday Council GST Included $815.00 I105010.115

Weekend/Public

Holidays/RDOsCouncil GST Included $1,225.00 I105010.115

Re-opening Grave with a Headstone (over and above interment charge) Note: headstones &

Monuments MUST be removed before grave re-opening.

Council will not remove

headstones/monuments.Council GST Included $510.00 I105010.115

Interment of Ashes in Grave (over and above re-opening grave with headstone) Council GST Included $165.00 I105010.115

Purchase of Grant of Right of Burial Valid for 25 years Council GST Included $165.00 I105010.115

Permission to Erect headstone Council GST Included $92.00 I105010.115

Exhumation fee Council GST Included $510.00 I105010.115

Application for Pre-Need Grant Right of Burial Valid for 25 years Council GST Included $165.00 I105010.115

Niche Wall

Interment - single compartment Council GST Included $164.00 I105010.115

Interment - double compartment (1st Interment) Council GST Included $317.00 I105010.115

Interment - double compartment (2nd Interment) Council GST Included $162.00 I105010.115

Ashes removal - exhumation Council GST Included $162.00 I105010.115

Reservation of Niche Valid for 25 years Council GST Included $162.00 I105010.115

COMMUNITY BUS HIRE

Full Hire * Per Km Council GST Included $0.85 I113010.113

Minimum Hire * Minimum Council GST Included $41.25 I113010.113

Cleaning Charges Per 15 minutes or part

thereofCouncil GST Included $22.50 I113010.113

Minimum Cleaning Charge Minimum Council GST Included $48.75 I113010.113

Trailer Hire (per use) Council GST Included $40.00 I113010.113

* Vehicle is provided with a full tank of fuel and must be returned in the same condition.

Bond Council $350.00 TRUST

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HEALTH FEES

Food Business/Premises - Registration (Food Act s.140) per Registration Council Exempt- D81 $100.00 I072010.139

Food Inspections - Annual Fee Annual Fee Council Exempt- D81 $70.00 I072010.139

Lodging House Registration Fee Council GST Included $200.00 I072010.139

Lodging House Inspection Fee Council GST Included $120.00 I072010.139

Skin Penetration/Tattoo Establishment Registration Fees Council GST Included $250.00 I072010.139

Skin Penetration/Tattoo Establishment Annual Inspection Fees Council GST Included $200.00 I072010.139

Piggery Registration Fee Council GST Included $250.00 I072010.139

Piggery Annual Inspection Fee Council GST Included $200.00 I072010.139

Offensive Trade Registration Fee Council GST Included $300.00 I072010.139

Offensive Trade Annual Inspection Fee Council GST Included $250.00 I072010.139

Pop-Up Shop Fee - per day Council GST Included $10.00 I072010.139

Application to install waste water treatment system per application Statutory Exempt- D81 $118.00 I102010.139

Permit to use waste water treatment system per application Statutory Exempt- D81 $118.00 I102010.139

HOUSING

Private Rental of Shire Housing Per Market Rental Council GST Included Market Rental I091010.126

Rental rates for self contained unit per night (min 2 nights) Per night - min 2 nights Council GST Included $90.00 I092010.126

Building Maintenance Fee *Per Hour Plus Materials

@ CostCouncil GST Included $91.00 SUNDRY DEBTORS

PLANT HIRE (Per Hour - Ex Yard)

Cherry Picker Weekday Council GST Included $195.00 SUNDRY DEBTORS

Cherry Picker Weekend Council GST Included $215.00 SUNDRY DEBTORS

Front End Loader Weekday Council GST Included $172.00 SUNDRY DEBTORS

Front End Loader Weekend Council GST Included $195.00 SUNDRY DEBTORS

Grader Weekday Council GST Included $212.00 SUNDRY DEBTORS

Grader Weekend Council GST Included $233.00 SUNDRY DEBTORS

Multi Tyred Roller Weekday Council GST Included $205.00 SUNDRY DEBTORS

Multi Tyred Roller Weekend Council GST Included $225.00 SUNDRY DEBTORS

Backhoe Weekday Council GST Included $195.00 SUNDRY DEBTORS

Backhoe Weekend Council GST Included $219.00 SUNDRY DEBTORS

Tip Truck (Canter) Weekday Council GST Included $188.00 SUNDRY DEBTORS

Tip Truck (Canter) Weekend Council GST Included $212.00 SUNDRY DEBTORS

Tip Truck (Tandem) Weekday Council GST Included $219.00 SUNDRY DEBTORS

Tip Truck (Tandem) Weekend Council GST Included $242.00 SUNDRY DEBTORS

Bobcat Weekday Council GST Included $133.00 SUNDRY DEBTORS

Bobcat Weekend Council GST Included $155.00 SUNDRY DEBTORS

Utility Weekday Council GST Included $188.00 SUNDRY DEBTORS

Utility Weekend Council GST Included $212.00 SUNDRY DEBTORS

Chainsaw Weekday Council GST Included $103.00 SUNDRY DEBTORS

Chainsaw Weekend Council GST Included $126.00 SUNDRY DEBTORS

Tree Planter Weekday Council GST Included $51.00 SUNDRY DEBTORS

Tree Planter Weekend Council GST Included $63.00 SUNDRY DEBTORS

Ripper Weekday Council GST Included $51.00 SUNDRY DEBTORS

Ripper Weekend Council GST Included $63.00 SUNDRY DEBTORS

Labourer Weekday Council GST Included $91.00 SUNDRY DEBTORS

Labourer Weekend Council GST Included $114.00 SUNDRY DEBTORS

NB:

1.All plant is to be operated by Shire Staff - Dry hire is not available for private works.

REFUSE/RUBBISH DISPOSAL

Replacement Bin Council GST Included At cost I101010.120

General Waste Per tonne Council GST Included $34.00 I101010.120

Green Waste Per tonne Council GST Included $34.00 I101010.120

Asbestos burial Per tonne Council GST Included $82.00 I101010.120

Asbestos burial Minimum disposal cost Council GST Included $82.00 I101010.120

Building rubble Per tonne Council GST Included $34.00 I101010.120

Car bodies Each Council GST Included $34.00 I101010.120

Uncontaminated sand or fill Council N/A No Charge I101010.120

Disposal of septic waste (from within SoB bounderies)Per 2000 litres or part

thereofCouncil GST Included $70.00 I101010.120

Disposal of septic waste (from outside of SoB bounderies)Per 2000 litres or part

thereofCouncil GST Included $300.00 I101010.120

Contractor/Commercial/Government Agencies Per m³ Council GST Included $60.00 I101010.120

Contractor/Commercial/Government Agencies Per tonne Council GST Included $60.00 I101010.120

Tip Access outside of opening hours (24 hrs notice)Per Hour (min charge 1

hour) Council GST Included $110.00 I101010.120

Trailer Mounted Skip Bin (for events) Per Collection Council GST Included $25.00 I101010.120

Cardboard Recycle Bins Per Collection Council GST Included $110.00 I101010.120

Townsite Residential Bulk Rubbish Pickup Service ** Council GST Included $55.00 I101010.120

**$Nil for the first service for either waste & green in any financial year, for any subsequent

request in that year charges apply

SALE OF MATERIALS

Sand (As part of Private Works Job Only)

Tip Truck (Tandem)

- Within Town site 10m³ Council GST Included Cost plus 20% I148030.122

- Outside of Town site 10m³ Council GST Included Cost plus 20% I148030.122

Tip Truck (Canter)

- Within Town site 3m³ Council GST Included Cost plus 20% I148030.122

- Outside of Town site 3m³ Council GST Included Cost plus 20% I148030.122

Trailer Load GST Included Cost plus 20% I148030.122

Aggregate

Soiled m³ Plus delivery per hour Council GST Included Cost plus 20% I148030.122

New m³ Plus delivery per hour Council GST Included Cost plus 20% I148030.122

Pipes

300mm x 2.4m Plus delivery per hour Council GST Included Cost plus 20% I148030.122

375mm x 2.4m Plus delivery per hour Council GST Included Cost plus 20% I148030.122

450mm Plus delivery per hour Council GST Included Cost plus 20% I148030.122

Premix Plus delivery per hour Council GST Included Cost plus 20% I148030.122

2.Shire Staff may dry hire (for personal use only) plant at a  40% discount in lieu of labour component, subject to having adequate qualifications/certification to operate the respective plant or equipment.

*(Private works for community groups, not for profit organisations and Shire service providers)

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STANDPIPE WATER

Standpipe Water per kilolitre Council GST Free $8.35 I136010.127

Administration (plus

usage per kl)Council GST Included $30.00 I136010.127

SWIMMING POOL

Entrance Fees

Children (aged 5-17) Council GST Included $3.00 I112010.128

Seniors - Concession Card Holder Council GST Included $2.00 I112010.128

Adults (18+ years) Council GST Included $4.00 I112010.128

Spectators Council GST Included $1.00 I112010.128

Season Tickets

Single Council GST Included $100.00 I112010.128

Family Council GST Included $196.00 I112010.128

TOWN PLANNING

Fees for planning services - refer to WA Planning Commission Fees @ 1/7/2018

Determination of Development Application < or = $49,999 value $147.00 I104010.129

>$50,000 and < or =

$499,999

0.32% of estimated development

costI104010.129

>$500,000 and < or =

$2.49M

$1,700.00 + 0.257% for every $1

>$500,001I104010.129

>$2.5M and <$4.99M Statutory Exempt- D81$7,161.00 + 0.206% for every $1

>$2.5MI104010.129

>$5M and < or =

$21.49MStatutory Exempt- D81

$12,633.00 + 0.123% for every $1

>$5MI104010.129

>$21.5M Statutory Exempt- D81 $34,186.00 I104010.129

Determination of Development Application where the development has commenced or been

carried outStatutory Exempt- D81

Applicable fee plus an additional

penalty that is twice the applicable

fee

I104010.129

Determination of an Extractive Industry Application Statutory Exempt- D81 $739.00 I104010.129

Determination of an Extractive Industry Application where the development has commenced

or been carried outStatutory Exempt- D81

Applicable fee plus an additional

penalty that is twice the applicable

fee

I104010.129

Provision of a Subdivision Clearance < or = 5 lots Statutory Exempt- D81 $73.00 per lot I104010.129

> 5 lots and < or = 195

lotsStatutory Exempt- D81

$73.00 per lot for first 5 lots then

$35.00 per lotI104010.129

> 195 lots Statutory Exempt- D81 $7,393.00 I104010.129

Application for Approval of Home Occupation Initial Fee Statutory Exempt- D81 $222.00 I104010.129

Renewal Fee Statutory Exempt- D81 $73.00 I104010.129

Application for Approval of Home Occupation where home occupation has commenced Initial Fee Statutory Exempt- D81

Applicable fee plus an additional

penalty that is twice the applicable

fee

I104010.129

Renewal Fee Statutory Exempt- D81

Applicable fee plus an additional

penalty that is twice the applicable

fee

I104010.129

Application for Change of use or for change or continuation of a non-conforming use where

development is not occurring, where change of use has commenced or been carried outStatutory Exempt- D81 $295.00 I104010.129

Application for Change of use or for change or continuation of a non-conforming use where

development is not occurring, where change of use has commenced or been carried outStatutory Exempt- D81

Applicable fee plus an additional

penalty that is twice the applicable feeI104010.129

Issue of Zoning Certificate Statutory Exempt- D81 $73.00 I104010.129

Reply to Property Settlement Questionnaire Statutory Exempt- D81 $73.00 I104010.129

Issue of Written Planning Advice Statutory Exempt- D81 $73.00 I104010.129

Local Planning scheme amendment proposals and structure plans Basic Council GST Included $2,700.00 I104010.129

Standard Council GST Included $3,200.00 I104010.129

Complex Council GST Included $4,600.00 I104010.129

Extractive Industry Licence Initial Application Council Exempt- D81 $477.00 I104010.129

Renewal Application Council Exempt- D81 $239.00 I104010.129

Annual Fee Council Exempt- D81 $120.00 I104010.129

Permanent Road Closure Process Per Closure Process Council GST Included $250.00 I104010.129

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15.08.19 GOVERNANCE

Nil

16.08.19 ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

17.08.19 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING

OCM 08.19-06 PROCEDURAL MOTION MOVED CR EYRE SECONDED CR MILLS That Council consider new business of an urgent nature, being a recommendation from the Audit and Risk Committee to progress the upgrade and formalise the administration service in relation to the Shire’s ICT (computer) System.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

The Shire Audit and Risk Committee at its meeting earlier in the day considered and subsequently directed the following recommendation be considered by Council as New Business of an Urgent Nature at this meeting. This recommendation relates to the Shire’s ICT System, which has been identified and listed as a significant risk to this organisation by the Office of the Auditor General in the Shire’s 2017/18 Audit. It is the Audit Committee’s view that the Shire Administration has not satisfactorily progressed this matter over the past 12 months, and accordingly is now seeking to ignite the process of securing quotes for the immediate upgrade the current ICT System and associated user support service over the next 3 years. AUDIT AND RISK COMMITTEE’S RECOMMENDATION That Council direct the CEO to progress the upgrade of the Shire ICT System and instill a support service

provision based on a 3 year contract as matter of priority, by:

1. Calling for E-quotes from suitable qualified and experienced suppliers through the WALGA

preferred suppliers panel for this service;

2. Incorporating the following Scope of Works, divided into two parts, in the quotation

documentation with the separate pricing (ex GST) based on a fixed price monthly payment:

Part 1 – System Upgrade including the provision of:

A contemporary ‘Cloud’ base platform ICT service with capability to support 20 internal

connections and 10 external devices;

Recurrent updated software to Local Government Industry standards;

Hardware of up to fourteen (14) ‘dummy’ monitors and required network cabling

(includes installation) compatible with offsite ‘Cloud’ based platform;

Up to four (4) compatible portable lap top base stations connected to office network and

‘Cloud’ platform;

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Assessment and connection to compatible NBN broadband wireless service of suitable

day time speed and capacity;

Ability for external connection of wireless portable devices. This includes assessment and

restricted connection for elected member external portable devices

Part 2 – System Administration Service including the provision of:

Contemporary daily system administration, with documented ICT procedures;

Software install, maintenance and monitoring (includes IT Vision Synergy Soft, Microsoft

Suite of programs including Office 365, other specialised software programs as

requested);

Cyber security, anti-virus protection and daily backup data, monitoring and management

at minimal 12 hour intervals (includes firewall management, disaster recovery,

failover/backup, restore and testing);

Guarantee of service and reliability to data restoration following a system failure (ie

cyber-attack) within 8 hours.

Daily network monitoring and trouble-shooting (as required) within a 2 hour response

timeframe;

On call help desk support (as required) within a 1 hour response;

Managed ICT services on Elected Member portable devices, (as required) with 2 hour

response timeframe.

Regularity of upgrades of the system (hardware and software) to align with technological advancements.

Assured release of all data stored on the ‘Cloud’ as the Shire of Brookton’s property without delay or undue interference to another provider upon conclusion of the service provision.

3. Investigating on appropriate internet connection i.e. fixed wireless, NBN Fibre, ADSL etc as part

of the Scope of Works.

4. Also providing an alternative quotation (optional) as part of the E-quote process, based on:

a) An onsite server with capacity to support and be configured to the requirements specified

Part A and Part of motion 2 above, any recommended changes or improvements, and

associated price structure (ex GST); and/or

b) A hybrid of an onsite server and cloud based platform with capacity to support and be

configured to the requirements specified Part A and Part of motion 2 above, any

recommended changes or improvements, and associated price structure (ex GST).

5. Evaluating the respective quotations against the selection criteria and associated weighting for

detailed as follows:

Organisational History and Experience 15%

Key Personnel Skills 30%

Understanding of the Scope of Works 35%

Price 20%

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6. Over sight from the Audit Committee through formation of a small working group consisting of

the CEO, DCEO Shire President and Cr Hartl. This working group to report back to the Audit

Committee on a regular basis.

7. Referring the award of contract of preferred supplier based on fair evaluation to Council for

determination at the first possible Council meeting following conclusion of the quotation

process.

OCM 08.19-07 COUNCIL RESOLUTION MOVED CR FANCOTE SECONDED CR HARTL That Council direct the CEO to progress the upgrade of the Shire ICT System and instill a support

service provision based on a 3 year contract as matter of priority, by:

1. Calling for E-quotes from suitable qualified and experienced suppliers through the WALGA

preferred suppliers panel for this service;

2. Incorporating the following Scope of Works, divided into two parts, in the quotation

documentation with the separate pricing (ex GST) based on a fixed price monthly payment:

Part 1 – System Upgrade including the provision of:

A contemporary ‘Cloud’ base platform ICT service with capability to support 20 internal

connections and 10 external devices;

Recurrent updated software to Local Government Industry standards;

Hardware of up to fourteen (14) ‘dummy’ monitors and required network cabling

(includes installation) compatible with offsite ‘Cloud’ based platform;

Up to four (4) compatible portable lap top base stations connected to office network

and ‘Cloud’ platform;

Assessment and connection to compatible NBN broadband wireless service of suitable

day time speed and capacity;

Ability for external connection of wireless portable devices. This includes assessment

and restricted connection for elected member external portable devices

Part 2 – System Administration Service including the provision of:

Contemporary daily system administration, with documented ICT procedures;

Software install, maintenance and monitoring (includes IT Vision Synergy Soft,

Microsoft Suite of programs including Office 365, other specialised software programs

as requested);

Cyber security, anti-virus protection and daily backup data, monitoring and

management at minimal 12 hour intervals (includes firewall management, disaster

recovery, failover/backup, restore and testing);

Guarantee of service and reliability to data restoration following a system failure (ie

cyber-attack) within 8 hours.

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Daily network monitoring and trouble-shooting (as required) within a 2 hour response

timeframe;

On call help desk support (as required) within a 1 hour response;

Managed ICT services on Elected Member portable devices, (as required) with 2 hour

response timeframe.

Regularity of upgrades of the system (hardware and software) to align with technological advancements.

Assured release of all data stored on the ‘Cloud’ as the Shire of Brookton’s property without delay or undue interference to another provider upon conclusion of the service provision.

3. Investigating on appropriate internet connection i.e. fixed wireless, NBN Fibre, ADSL etc as part

of the Scope of Works.

4. Also providing an alternative quotation (optional) as part of the E-quote process, based on:

a) An onsite server with capacity to support and be configured to the requirements specified

Part A and Part of motion 2 above, any recommended changes or improvements, and

associated price structure (ex GST); and/or

b) A hybrid of an onsite server and cloud based platform with capacity to support and be

configured to the requirements specified Part A and Part of motion 2 above, any

recommended changes or improvements, and associated price structure (ex GST).

5. Evaluating the respective quotations against the selection criteria and associated weighting for

detailed as follows:

Organisational History and Experience 15%

Key Personnel Skills 30%

Understanding of the Scope of Works 35%

Price 20%

6. Oversight from the Audit Committee through formation of a small working group consisting of

the CEO, DCEO Shire President and Cr Hartl. This working group to report back to the Audit

Committee on a regular basis.

7. Referring the award of contract of preferred supplier based on fair evaluation to Council for

determination at the first possible Council meeting following conclusion of the quotation

process.

CARRIED BY SIMPLE MAJORTIY VOTE

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Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 76

18.08.19 CONFIDENTIAL REPORTS

OCM 08.19-08 COUNCIL RESOLUTION MOVED CR EYRE SECONDED CR MILLS That Council close the meeting to the public in accordance with section 5.23 (2) (c) relating to commercial confidentiality.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

18.08.19.01 CLEANING SERVICES – VARIATION TO CONTRACT (CO -03 - 5/2017)

File No: Contract – CO-03 Date of Meeting: 15/08/2019 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Vicki Morris – Deputy Chief Executive Officer Authorising Officer: Ian D’Arcy – Chief Executive Officer Declaration of Interest: The author & authorising officer have no interest in this matter. Voting Requirements: Absolute Majority Previous Reports: Approval to award tender for Cleaning Services (Contract

commencing 1/02/2018) Report to Council June 2019 (deferred pending further information) Report to Council July 2019 (deferred pending further clarification)

Summary of Item: This has been the subject of two prior reports to Council. This latest report is to clearly outline the value

of the current contract and the proposed variation for clarity.

Description of Proposal: This report recommends that Council approves a variation of the cleaning contract as currently delivered by DMC Cleaning. Previous reports to Council have detailed the background and reasoning for this variation. Background: The Council have received a number of reports on this matter and have laid the mater on the table seeking further information and clarify around this matter. The background to this matter has not changed. Consultation: Consultation has been conducted with relevant staff and DMC Cleaning. Statutory Environment: Local Government Act 1995

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Relevant Plans and Policy: There is no current policy for this matter as the matter is an existing contract. Financial Implications: The attached table details the proposed variation to the contact. Risk Assessment: There is no change in the risk assessments for this matter.

Community & Strategic Objectives: This proposal generally aligns with the Shire of Brookton Corporate Compendium.

Comment

This report is to clarify the financial implications for the contract variation and to set out the current cost of the contract wand the proposed variation cost of the contract to the Shire. OFFICER’S RECOMMENDATION That Council:

1. Accepts the variation to the Provision of Cleaning Services contract (contract CO-03) effective 1

July 2019 in accordance with the schedule of rates as presented in Attachment 18.08.19.01A to

this report; and

Notify DMC Cleaning in writing of the contract variation and its effective commencement date.

Attachments

Attachment 18.08.19.01A

OCM 08.19-09 COUNCIL RESOLUTION MOVED CR EYRE SECONDED CR HARTL

That Council:

1. Accepts the variation to the Provision of Cleaning Services contract (contract CO-03) effective 1

July 2019 in accordance with the schedule of rates as presented in Attachment 18.08.19.01A to

this report; and

2. Notify DMC Cleaning in writing of the contract variation and its effective commencement date.

CARRIED BY ABSOLUTE MAJORITY VOTE 5-0

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Shire of Brookton, Minutes - Ordinary Meeting of Council, 15 August 2019. 78

Attachment 18.08.19.01A

Building Current Proposed Budget Implications

Shire Admin104 Cleans per year @ 1.5 hours 2x

per week$4,992.00

208 Cleans per year @ 1

hour 4x per week $6,864.00 $1,872.00 per annum (+)

Depot104 cleans per year @ 1 hour 2x per

week $3,432.00 No Change NIL NIL

Memorial Hall52 cleans per year @ 1.5 hours 1x

per week$2,496.00

52 Cleans @ $49.50 1.5

hours 1x per week $2,574.00 $78.00 per annum (+)

Robinson Road

Public Toilets

3-2 hours per year @ 1.5hours 1x

per week$10,296.00

182 Hours (0.5 x7

x52weeks) @ $33.00 per

hour

$6,006.00 $4,290.00 per annum

WB Eva Pavilion 338 Hours per year @ 1.5 hours 1x

per week $16,731.00 See breakdown below $23,166.00 $6,435.00 per annum

Caravan Park 208 cleans per year $6,864.00 No Change NIL NIL

Shire Houses NIL

$44,811.00 $48,906.00 $4,095.00

Current - $16,731.00 (Total Pavilion)

Proposal

Daily Cleans

(Main area)

468 Hours per year @ $33.00 per

hour$15,444.00

Gym Only130 Hour per year @ $33.00 per

hour$4,290.00

Gym Spot Clean NIL

Floors 52 hours per year @ $33.00 $1,716.00

Showers 52 hours per year @ $33.00 $1,716.00

TOTAL $23,166.00

Proposed Increase = $4,095.00

Current & Proposed Contract Hours & Rates

No change required

WB EVA PAVILION (BREAKDOWN)

Current Contract Cost = $44,811.00

Proposed Contract Variation Cost = $48,906.00

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OCM 08.19-10 COUNCIL RESOLUTION MOVED CR FANCOTE SECONDED CR EYRE

That Council re-open the meeting to the public.

CARRIED BY SIMPLE MAJORITY VOTE 5-0

19.08.19 NEXT MEETING & CLOSURE

The next Ordinary meeting of the Council will be held on Thursday 19 September 2019 commencing at 5.00pm. There being no further business the meeting was closed at 5.15pm.