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SHIRE OF WILLIAMS
MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY 21ST NOVEMBER 2007
1.0 OPENING
1.1 DECLARATION OF OPENING
The President declared the meeting open at 1.00pm 1.2 SWEARING IN CEREMONY
Ian Ball J.P. presided as the following Councillors made the Declaration by Elected Member of Council: Cr Moya Carne Cr Greg Cavanagh Cr John Cowcher Cr Gilbert Medlen Cr Ashley Stone 1.3 ELECTION OF PRESIDENT/DEPUTY PRESIDENT
1.3.1 President
Mr V. Epiro, Chief Executive Officer called for nominations for President Cr D Earnshaw nominated Cr JES Cowcher (in writing) Cr R Johnstone nominated Cr JES Cowcher (in writing) Cr G Prowse nominated Cr JES Cowcher (in writing) Cr JES Cowcher accepted the nomination. There being no further nominations Cr JES Cowcher was declared elected President of the Shire of Williams for a two year term expiring October 2009. Cr JES Cowcher then made the Declaration of President before Ian Ball J.P. 1.3.2 Deputy President
The President called for nominations for the position of Deputy President. Cr R Johnstone nominated Cr AJ Stone (in writing) Cr D Earnshaw nominated Cr AJ Stone (in writing) Cr G Prowse nominated Cr RF Johnstone (in writing) Cr RF Johnstone declined the nomination Cr AJ Stone accepted the nomination There being no further nominations Cr AJ Stone was declared elected Deputy President of the Shire of Williams for a two year term expiring October 2009. Cr AJ Stone then made the Declaration of Deputy President before Ian Ball J.P.
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MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY 21ST
NOVEMBER 2007
1.4 ELECTION OF COMMITTEES/REPRESENTATIVES
Earnshaw/Prowse
That the following committees and representatives be elected for a two year term expiring October 2009. Williams Community Resource Centre Management Committee: Cr M Carne, Manuela Lenehan (Staff) Central Zone (WALGA) Delegates: Crs JES Cowcher, AJ Stone and M Carne (Proxy) School Bus Representative: Cr AJ Stone Narrogin Sub-Regional Road Group: Cr RF Johnstone Heritage Inventory Review: Cr JES Cowcher, J Fowler, George and Neta Lavender Williams Landcare Inc: Cr GH Medlen Oval Water Group: Crs AJ Stone, GB Cowcher, GM Cavanagh Community Housing Group: Cr M Carne, Helen Bunch, Ruby Milne and Sharon Wilkie (Staff) Recreation Advisory Committee: Cr GM Cavanagh Occupational Health and Safety Committee: Cr JES Cowcher Pride in Your Town Committee: Cr GC Prowse Works and Plant Committee: Crs JES Cowcher, DS Earnshaw, RF Johnstone Audit Committee: Crs JES Cowcher, AJ Stone, RF Johnstone Building Committee: Crs M Carne, GB Cowcher, GM Cavanagh, AJ Stone Art Acquisition Committee: Grs GC Prowse, M Carne, Verna Harding, Robyn Creswell Swimming Pool Committee: Crs GM Cavanagh, DS Earnshaw, GB Cowcher
Carried 9/0
Resolution 91/07
1.4 ANNOUNCEMENT OF VISITORS
Jeff Anderson, Main Roads WA Divisional Engineer will be attending the meeting at 2.30pm to give a presentation on the Albany Highway bypass through Williams. 2.0 RECORD OF ATTENDANCE
2.1 PRESENT
Cr John Cowcher President Cr Ashley Stone Deputy President Cr Gary Cowcher Cr Greg Cavanagh Cr Richard Johnstone Cr Moya Carne Cr David Earnshaw Cr Graham Prowse Cr Gilbert Medlen V Epiro Chief Executive Officer IR Ball Deputy Chief Executive Officer Tony Kett Works Supervisor (3.55pm – 4.10pm) Observers: Heidi Cowcher (1.00pm – 1.45pm), Kim Johnston (1.00pm – 2.00pm) 2.2 APOLOGIES
Nil
3.0 PUBLIC QUESTION TIME
Kim Johnston asked Council to reconsider the recently adopted Shire of Williams Firebreaks Local Law 2007. He considered that the imposition of a firebreak of at least 20 metres in width having to be constructed around each building, haystack and fuel dump could leave a loophole for Insurance Companies in the event
Page 3
MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY 21ST
NOVEMBER 2007
of a fire. Council was asked to amend the Firebreaks Local Law 2007 by substituting “firebreak” with “building protection zone” Mr Johnston left the meeting at 1.56pm
4.0 APPLICATIONS FOR LEAVE OF ABSENCE
Nil
5.0 PETITIONS/DEPUTATIONS/PRESENTATIONS
Nil
6.0 CONFIRMATION OF PREVIOUS MINUTES
6.1 ORDINARY MEETING MINUTES
Johnstone/Stone
That the minutes of the Ordinary Meeting held in the Council Chambers on Wednesday 17th October 2007, as circulated, be confirmed as a true and correct record of proceedings.
Carried 9/0
Resolution 92/07
6.2 WILLIAMS BUSH FIRE BRIGADES – ANNUAL GENERAL MEETING MINUTES
Earnshaw/Cavanagh
That the minutes of the Williams Bush Fire Brigades Annual General Meeting held in the Council Chambers on Wednesday 17th October 2007, as circulated, be received.
Carried 9/0
Resolution 93/07
Carne/Cavanagh
That discussion on amendments to the Shire of Williams Firebreaks Local Law 2007 be deferred until the February 2008 meeting.
Carried 9/0
Resolution 94/07
6.3 WILLIAMS RECREATION ADVISORY COMMITTEE MEETING MINUTES
Carne/G Cowcher
That the minutes of the Williams Recreation Advisory Committee Meeting held in the Council Chambers on Monday 22nd October 2007, as circulated, be received.
Carried 9/0
Resolution 95/07
7.0 ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION
The President advised that he attended a farewell dinner in Cuballing for Councillor Ian Watts who recently retired from the Shire of Cuballing after 28 years of service, 15 years as President.
Page 4
MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY 21ST
NOVEMBER 2007
8.0 REPORTS OF COMMITTEES/OFFICERS AND COUNCILLORS
8.1 CHIEF EXECUTIVE OFFICER’S REPORT
Report Reference: 8.1.1
Subject: Christmas Windup and Office Closure
File Reference: 4.20.15 Statutory Reference: N/A Author & Date: V. Epiro 7th November 2007
Background:
Council generally sets a date for the annual Christmas windup at the Williams District Club. The December Council meeting will be held on Wednesday 19th December therefore it is suggested that the windup be held on Thursday 20th December when the outside staff will be breaking up for their annual holidays. With Christmas Day and New Year’s Day both falling on a Tuesday it is suggested that the Council office be closed on both Mondays. I don’t believe this would greatly inconvenience residents provided sufficient notice is given of the closure. This would mean that the office would be closed on: Christmas – December 24th, 25th and 26th New Year – December 31st and January 1st
Recommendation:
That the Council office be closed on Monday December 24 and December 31 in addition to the public
holidays.
Earnshaw/Prowse
That the Council office be closed on Monday December 24 and December 31 in addition to the public holidays.
Carried 9/0
Resolution 96/07 Prowse/Cavanagh
That the annual Christmas wind-up be held at the Williams District Club on Thursday 20th December 2007. Carried 9/0
Resolution 97/07
Carne/Stone
That a formal dinner for Councillors and partners together with senior staff be held early in 2008. Carried 9/0
Resolution 98/07 Jeff Anderson, Regional Manager, Joanne Jurica, Senior Asset Manager and Tony Humphries, Bridge Manager, Main Roads Western Australia attended the meeting at 2.30pm to discuss several issues with the deterioration of the bridges on Albany Highway over Coalling Creek and Williams River at the northern and southern entries to town. Mr Anderson explained that the Coalling Creek Bridge built in 1935 and the Williams River Bridge built in 1936 are both due for replacement. Several issues for the project development that need to be considered are: Traffic management during construction Bridge heritage significance Oversized load route Future traffic growth Future road user safety Future pedestrian movement/safety Future land development
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MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
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With freight on the Albany Highway expected to double over a ten year period alignment options need to be considered. A new alignment will ease the task of bridge construction with less disruption to traffic. Also an underpass, and improved parking can be incorporated in the project. Main Roads Western Australia have in place a policy to respect the community and strive to achieve broad participation through proactive engagement with the community and stakeholders. To this end Main Roads WA would like to work together with Council to organise a community workshop with invited members of the community.
Afternoon Tea
Council adjourned for afternoon tea at 3.30pm and resumed the meeting at 3.55pm Works Supervisor Tony Kett attended the meeting at 3.55pm to discuss his report.
8.3 WORKS SUPERVISOR’S REPORT
Maintenance Grading
Glenfield Rd, Petchell Rd, Fawcett Rd, Graham Rd, Old Soldiers Rd, Bates Rd, Cowcher Rd, Tin Shed Rd, Top End Rd, McKenzie Rd, Playle Rd, Bulleid Rd, Folland Rd, Martin Rd, Extracts Rd, Congelin-Narrogin Rd, Eddington Rd, Marradong Rd, Lyon Rd, York-Williams Rd, Hamon Rd, Roccis Rd, Quindanning-Darkan Rd, Kelly Rd
Maintenance
Pick up new filters for swimming pool Locate Telstra, water and power for new town lights New lights in Lions Park New light in football pavilion Installed new filters for swimming pool Swimming pool operational Construction
Repair soft spot in road on York-Williams Rd Started construction on Marradong Road, extended culverts Replaced old wooden culvert on Marradong Road Cut backslopes and drains on Marradong Road and carted away spoil, now gravelling
Mechanical Report
Repair jack hammer Service Toro mower WL 5302 Service Toro mower WL 731 Service Honda motorbike Service Triton ute WL 430 Service water pump motor
Private Works
Hay pad for Ross Major Carted sand for Tony Fazioli for Darkan Road turnoff Grading for Ray Sherry Grading for Graham Harding Carted gravel to Darkan Road turnoff for Tony Fazioli Grading for Hal Klug Grading for Peter Moore
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MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
WEDNESDAY 21ST
NOVEMBER 2007
Traffic Counts
Bulleid Road 100 vehicles per week Carne Road 250 vehicles per week Bates Road 90 vehicles per week Cowcher Road 88 vehicles per week Pinjarra-Williams Road
Cavanagh/Earnshaw
That Main Roads WA Bunbury region be asked to widen the seal on the wings at the corner on Pinjarra-Williams Road near the Quindanning Hall to eliminate gravel being deposited on the road from turning traffic making the road slippery for vehicles.
Carried 9/0
Resolution 99/07
Cavanagh/Earnshaw
That the Works Supervisor’s Report be received. Carried 9/0
Resolution 100/07
Report Reference: 8.1.2
Subject: Annual Report and Elector’s Meeting
File Reference: 4.1.20 Statutory Reference: Section 5.5 of the Local Government Act 1995 Author & Date: V. Epiro 7th November 2007
Background:
The Annual Report for 2006/2007 is included with the agenda. Council must resolve to accept the report and also set a date for the Annual Electors’ Meeting.
Recommendation:
That the Annual Report for 2006/2007 be accepted and the Annual Elector’s Meeting be held at 7.00pm on Wednesday 19 December 2007.
Stone/Prowse
That the Annual Report for 2006/2007 as amended be accepted and the Annual Elector’s Meeting be held at 7.00pm on Wednesday 19 December 2007.
Carried 9/0
Resolution 101/07
Report Reference: 8.1.3
Subject: Materials – Sand Supply
File Reference: 14.55.20 Statutory Reference: Schedule 3.2.3 of the Local Government Act 1995 Author & Date: V. Epiro 7th November 2007
Background:
For some years now Council has been endeavouring to source a reliable sand supply to supplement the pit operated from Duffs on Hurley Road. In addition to being a fair distance from town, the sand supply at Duffs is also getting low. Works Supervisor Tony Kett has now found a new site on land owned by M Carne & Co. which is of a good, clean quality and considerably closer to town. Council has commenced removing sand with the normal payment of $1 per cubic metre being made.
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Recommendation:
For Council Information.
Report Reference: 8.1.4
Subject: Road Name – Road No 4400
File Reference: 12.15.34 Statutory Reference: Land Administration Act 1997 Author & Date: V. Epiro 7th November 2007
Background:
At the meeting held on 17th October 2007 Council resolved to advertise for public comment on the following names for the road running south-east from the Quindanning church:
- Morgan Road - Church Road - Hillview Road
No Comment has been received on the proposed naming therefore Council can submit the preferred name (Morgan Road) to the Geographic Road Names Committee for approval.
Recommendation:
That the name “Morgan Road” be submitted to the Geographic Road Names Committee for road No 4400.
Stone/Johnstone
That the name “Morgan Road” be submitted to the Geographic Road Names Committee for road No 4400.
Carried 5/4
Resolution 102/07
Report Reference: 8.1.5
Subject: Keep Australia Beautiful – Tody Towns (See Appendix 1)
File Reference: 10.20.60 Statutory Reference: N/A Author & Date: V. Epiro 8th November 2007
Background:
As previously advised Williams was successful in winning two awards and being selected as a finalist in the South West Region judging of Tidy Towns which was recently held at Walpole. The awards were for:
- Waste management and recycling - Water conservation
Winners of the State Tidy Towns will be announced in Perth on Friday 30th November 2007, when Williams will be represented by members of the Pride in Your Town group and former gardener Leon Bertuola who compiled the portfolio for the Tidy Towns.
Recommendation:
For Council’s information.
Report Reference: 8.1.6
Subject: WA Planning Commission – Lot 2 Pinjarra-Williams Road (See Appendix 2)
File Reference: 10.64.20 Statutory Reference: Planning and Development Act 2005
Author & Date: V. Epiro 8th November 2007
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Background:
The owners of lot 2 (Quindanning Inne, G & N Lavender) and lot 5 (RM Barndon and SJ Forster) are proposing to re-align the boundaries of both lots to allow the land that is currently being used as a car park (ptn of lot 5) to be amalgamated with lot 2 (Quindanning Inne). This will result in a transfer of land as follows:
- Lot 5 6967m2 (current) 4130 m2 (after subdivision)
- Lot 2 5898 m2 (current) 8735 m2 (after amalgamation) Both lots are zoned commercial in the Williams Town Planning Scheme No 2 and there is nothing in the Scheme that is not supportive of the application.
Recommendation:
That the application for subdivision/amalgamation of portion lot 5 and lot 2 Pinjarra-Williams Road, Quindanning be supported.
Cavanagh/Prowse
That the application for subdivision/amalgamation of portion lot 5 and lot 2 Pinjarra-Williams Road, Quindanning be supported.
Carried 9/0
Resolution 103/07
Report Reference: 8.1.7
Subject: WA Planning Commission – Subdivision of Lots 8 and 178 Albany Highway,
Williams (Windward Holdings) (See Appendix 3)
File Reference: 10.64.20 Statutory Reference: Planning and Development Act 2005 Author & Date: V. Epiro 8th November 2007
Background:
The applicant (Windward Holdings Pty Ltd) is proposing to excise the accommodation units currently on lot 178 and incorporate them in lot 8 which also comprises the Williams Hotel. Council gave special approval to the then owner, the late Jeanette Strickland, to build the accommodation units on lot 178 as the zoning required amending for the development. This will endorse the units as being part of the hotel complex which is zoned commercial with the remaining vacant land zoned residential.
Recommendation:
That the application for subdivision/amalgamation of lots 8 and 178 be supported.
Johnstone/Medlen
That the application for subdivision/amalgamation of lots 8 and 178 be supported. Carried 9/0
Resolution 104/07
Report Reference: 8.1.8
Subject: Reserve for Recreation – Subdivision of Lot 24 Piesse Street, Williams (See
Appendix 4)
File Reference: 10.64.20 Statutory Reference: Section 153 of the Planning and Development Act 2005 Author & Date: V. Epiro 8th November 2007
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MINUTES OF THE ORDINARY MEETING HELD IN THE COUNCIL CHAMBERS ON
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Background:
In November 2006 R and S Morony were granted approval for subdivision of lot 24 Piesse Street, Williams into six (6) lots. In granting approval the WA Planning Commission imposed various conditions including condition 9 which reads: “An area of land at least 2676m2 in area, in a position to be agreed with the WAPC being shown on the deposited plan as a “Reserve for Recreation” and vested in the Crown under section 152 of the Planning and Development Act 2005, such land to be ceded free of cost and without any payment of compensation by the Crown”. Harley Survey Group (acting for R and S Morony) are offering Council a cash-in-lieu contribution instead of the land (2676 m2) as provided under section 153 of the Planning and Development Act 2005. Under the WAPC Policy No DC 2.3 a Council can accept cash in lieu where:
- The land area is considered to be too small to be of practical use - There is sufficient public open space already in the locality - Public open space is planned in another location by way of a Town Planning Scheme
The funds can be used for a variety of works associated with parks and reserves (e.g. Lions Park parking area). There will be a surplus of reserves following the completion of the Munthoola subdivision and Landcorp development in addition to the old caravan park site, therefore it is considered that Council should accept cash-in-lieu for the value of the reserve which is determined by a valuation of the total land.
Recommendation:
That Council accept a cash-in-lieu payment in exchange for the “Reserve for Recreation” from lot 24 Piesse
Street, Williams.
Stone/G Cowcher
That Council accept a cash-in-lieu payment in exchange for the “Reserve for Recreation” from lot 24 Piesse Street, Williams.
Carried 9/0
Resolution 105/07
Report Reference: 8.1.9
Subject: Community Water Grants – Williams Swimming Pool
File Reference: 11.20.20 Statutory Reference: N/A Author & Date: V. Epiro 8th November 2007
Background:
It is pleasing to report that a funding submission compiled by Heidi Cowcher (Community Development Officer) for shade at the Williams Swimming Pool has been successful under the Community Water Grants Scheme. Funding of $22,554.55 has been approved for shade over the toddler pool and adjacent areas. West Coast Shade who provided the original quote for the submission have been contacted and it is hoped to install the shade as early as possible. Work on the plant at the pool is almost completed and it is hoped to have the pool open around the last week in November.
Recommendation:
For Council information.
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Report Reference: 8.1.10
Subject: State Land Services (DPI) – Management of Reserve 10982 (Quindanning Hall)
(See Appendix 5)
File Reference: 8.1.10 Statutory Reference: Section 46 of the Land Administration Act 2000 Author & Date: V. Epiro 8th November 2007
Background:
The Quindanning Hall Site (lot 28 – reserve 10982) was set aside on 11 October 1907 as an “Agricultural Hall Site”. However despite the fact that the Quindanning Community Hall Inc Committee have managed the hall and surrounds for many years, there has never been a vesting order or other authority regarding the occupation of the land, with either the Shire or the Committee. State Land Service (DPI) are now requesting Council accept a management order with a power to lease to the Quindanning Community Hall Inc.
Recommendation:
That Council accept a management order, with a power to lease to the Quindanning Community Hall Inc.
for Reserve 10982.
Carne/Earnshaw
That Council accept a management order, with a power to lease to the Quindanning Community Hall Inc. for Reserve 10982.
Carried 9/0
Resolution 106/07
Report Reference: 8.1.11
Subject: Williams Gateway Expo – Sponsorship for 2008 Expo
File Reference: 11.60.95 Statutory Reference: N/A Author & Date: V. Epiro 8th November 2007
Background:
The Williams Gateway Expo are seeking sponsorship for the 2008 Gateway Expo. They are seeking sponsorship in increments of $100, $250, $500 or $1,000. Council provides assistance with their funding submission and some staff time on the day prior to the Expo, however the question of sponsorship is for Council to determine bearing in mind it is a community event. Currently Council sponsors the Williams Arts and Crafts Art Competition by refunding the hall hire fee as a donation.
Recommendation:
For Council consideration.
Carne/Prowse
That the Williams Gateway Expo be granted a refund of the ground hire fee for the 2008 Gateway Expo. Carried 9/0
Resolution 107/07
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Report Reference: 8.1.12
Subject: Shire of Williams – Disability Access and Inclusion Plan (See Appendix 6)
File Reference: 8.1.10 Statutory Reference: WA Disability Services Act (1993) as amended 2004 Author & Date: V. Epiro 8th November 2007
Background:
An Amendment to the WA Disability Services Act in 2004 requires all Councils to prepare a new Disability Access and Inclusion Plan. Preparation of the plan required advertising a draft plan for public comment and appointment of a committee to review the draft prior to presentation to Council. The committee comprising Cr Moya Carne, Norma Sinclair, Heidi Cowcher and myself recently met and considered comments received and now recommend the final draft be endorsed by Council.
Recommendation:
That Council endorse the Shire of Williams’ Disability Access and Inclusion Plan for 2007-2012.
Stone/Johnstone
That Council endorse the Shire of Williams’ Disability Access and Inclusion Plan for 2007-2012.
Carried 9/0
Resolution 108/07
Carne/Earnshaw
That Council request the Wheatbelt Regional Health Service to make alterations to the entrance doors at the Williams Medical Centre to make the centre more accessible to disabled and aged persons.
Carried 9/0
Resolution 109/07
Report Reference: 8.1.13
Subject: Munthoola Estate – Conditions on Subdivision of Lots 51 and 52 Eddington
Road, Williams
File Reference: 10.64.20 Statutory Reference: Planning and Development Act 2005 Author & Date: V. Epiro 12th November 2007
Background:
The owners of lots 51and 52 advise that they are progressing the development to subdivision stage and are seeking comment from Council regarding any conditions that may be placed on the lots. This is in addition to any conditions that the WA Planning Commission will place on the subdivision when approval is granted. They also advise that they are considering the use of names of wildflowers native to the Williams district for street names and would appreciate Council comment on this or suggestions for alternative names.
Recommendation:
For Council consideration. Prowse/Cavanagh
That Council support the adoption of a theme for the naming of streets in the proposed Munthoola subdivision.
Carried 9/0
Resolution 110/07
Report Reference: 8.1.14
Subject: KH Lethlean – Resignation effective 9 November 2007
File Reference: 14.60.20 Statutory Reference: N/A Author & Date: V. Epiro 12th November 2007
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Background:
Mr Ken Lethlean (former Pool Manager) has submitted his resignation from Council effective 9 November 2007. He completed 25 years service in February 2007 and is leaving Williams to pursue other interests. Justin Murdock of Williams has been appointed to fill the vacant position on the outside works crew.
Recommendation:
That Ken Lethleans resignation be accepted and that appreciation be extended to him for his lengthy service.
Prowse/Stone
That Ken Lethleans resignation be accepted and that appreciation be extended to him for his lengthy service with the presentation of an appropriate gift at Council’s Christmas windup.
Carried 9/0
Resolution 111/07
Report Reference: 8.1.15
Subject: CEO Residence – Eco Green Model (See Appendix 7)
File Reference: 9.10.20 Statutory Reference: N/A Author & Date: V. Epiro 13th November 2007
Background:
The Williams Landcare Inc. have written to Council suggesting that Council consider building an eco green model for the CEO residence. This concept provides for energy and water efficiencies which would translate to long term savings for Council and employee. Whilst the incorporation of energy/water efficient measures can be discussed with the proposed builders (Plunkett Homes) there would be limitations with having to use a Plunkett Home design. The current difficulty of contracting a builder, coupled with the need to complete the building prior to 31 December 2008, confine the building of the residence to a firm such as Plunkett Homes.
Recommendation:
That in the event of Plunkett Homes being selected to build the CEO residence, every endeavour be made to
incorporate energy/water efficiency in the design.
Stone/Carne
That in the event of Plunkett Homes being selected to build the CEO residence, every endeavour be made to incorporate energy/water efficiency in the design.
Carried 9/0
Resolution 112/07
Report Reference: 8.1.16
Subject: Landcorp – Development of 50 Fry Street, Williams
File Reference: 14.25.28 Statutory Reference: N/A Author & Date: V. Epiro 14th November 2007
Background:
Landcorp (Joanne Mathews, Project Manager) have advised that approval has finally been granted for development of the “Rivermeadow” lots on Munthoola Road. DPM have been appointed the Civil Works Contractor for the project and work is expected to commence shortly. It is intended to develop 18 lots for first release with 14 lots to follow later.
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Council will need to have some input in the proposed release of the lots particularly in regard to: - Securing 1 or 2 lots for Housing - How lots are to be sold (preferably by auction) - Imposing conditions to encourage development of lots
Recommendation:
For Council information.
Report Reference: 8.1.17
Subject: Peter Webb and Associates – Williams Town Planning Scheme – Proposed
Amendment No 14 (Williams Ptn 12070 – D Carter)
File Reference: 14.25.26 Statutory Reference: Section 75 of the Planning and Development Act 2005 Author & Date: V. Epiro 14th November 2007
Background:
At the meeting held on 15 November 2006, Council resolved to support the proposed development of ptn Williams location 12070 (D Carter) on the Pinjarra-Williams Road subject to the following matters being resolved:
1. a land capability assessment 2. a subdivision guide plan based on recommendations from the land capability assessment which
provides for a variety of lots including ‘special residential’ lots of approximately 5,000m2, for the area from Millbrook Place to Old Soldiers Road and residential lots of approximately 1,000m2 for the area from Millbrook Place to Albany Highway
3. confirmation from service providers that infrastructure can be extended to the subdivision in accordance with the subdivision guide plan
4. submission of a draft Town Planning Scheme Amendment incorporating the land capability assessment and subdivision guide plan that provides for rezoning to residential, special residential and special rural zones.
The development proposed if approved would result in the following lots:
Lot Size Land Area Lot Yield
Residential R2 Min. 5,000m2 12.71ha 24
Residential R10 Min. 1,000m2 6.04ha 32
Rural Residential Min. 1.0ha 6.69ha 6
Public Open Space Min. 10% (of R10) 8117m2 -
Roads - 4.69ha -
TOTAL - 30.94ha 62
Gray and Lewis are preparing a recommendation which will be presented to the meeting together with the Scheme Amendment documents.
Recommendation:
To be presented by Gray and Lewis for consideration.
Cavanagh/Prowse
That Council endorse the following report and recommendations submitted by Planners Gray and Lewis:
Report Reference: Subject: Proposed Amendment 14 to re-zone a portion of Lot 12070 (SN 13254)
Albany Highway, Williams from ‘Rural’ to ‘Residential R2’, ‘Residential R10’ and ‘Rural Residential’
File Reference: Statutory Reference: Amendment 14 Author and Date: Gray & Lewis Landuse Planners 14 November 2007
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Disclosure of any Interest: Gray & Lewis receive planning fees for advice to the Shire therefore declare a Financial Interest – Section 5.65 of Local Government Act 1995
Background
• Previous Council consideration
On 23 November 2006 the Shire advised the applicant that it would be prepared to support subdivision subject to:
- A land capability assessment; - A subdivision guide plan based on the recommendations from the land capability assessment and
which provides for a variety of lot sizes including “Special Residential” lots of approximately 5000m2, for the area opposite Millbrook Place to Old Soldiers Road and residential lots of approximately 1000m2 for the area opposite Millbrook Place to the Albany Highway.
- Confirmation from service providers that infrastructure can be extended to the subdivision in accordance with the subdivision guide plan;
- Submission of a draft Town Planning Scheme Amendment incorporating the land capability assessment and subdivision guide plan that provides for rezoning to Residential, Special Residential and Special Rural zones.
Comment
Proposed Amendment
The applicant has submitted Amendment 14 to Town Planning Scheme No 2 (“the Scheme”) and addressed all the matters raised by Council. The Amendment proposes to re-zone a portion of Lot 12070 (SN 13254) Albany Highway, Williams from ‘Rural’ to ‘Residential R2’, ‘Residential R10’ and ‘Rural Residential’. Draft Townsite Expansion Strategy A Draft Townsite Expansion Strategy has been approved by the Shire and has been referred to the WA Planning Commission (WAPC) for final endorsement. The land is included in Areas 9 and 10 on the Draft Strategy map respectively earmarked for medium to long term rural residential and residential. The Amendment is generally in accordance with the Draft Strategy however Council should note: 1. It includes a greater portion of residential land than has been shown on the Strategy Map. 2. A portion of the land is affected by the existing waste water treatment plant buffer area. The
Strategy recognises that future subdivisions, landuse and development will be restricted until such time as the existing plant is decommissioned.
Due to the close proximity of the land to existing recreation areas and taking into consideration that the boundaries on the Strategy Plan are general and indicative, the proposed zoning is supported but with modifications. Buffer to Wastewater Treatment Plant Future subdivision within the noise and odour buffer is dependent on decommissioning of the existing waste water treatment plant. The Water Corporation has advised in writing that it plans to build the new plant in 2009, subject to funding, environmental clearances and the like.
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As the amendment process can take between 18 months to 2 years to final approval, it is likely that plans for decommissioning the existing plant will have significantly progressed by the time the land could be re-zoned. The applicant has not substantially addressed this issue other than to indicate that the subdivision can be staged. No indicative staging plan has been lodged and staging of subdivision outside of the buffer may be problematic due to the layout on the Subdivision Guide Plan. As the amendment will be referred to the Environmental Protection Authority, Department for Planning and Infrastructure, and the Water Corporation it is considered important that this issue is addressed in the Amendment text. Currently there is no requirement under the Scheme for a Subdivision Guide Plan for residential zoned land, and therefore such a plan has no status for the Residential Zone other than to indicate how the proposed residential areas may be developed. The buffer issue could be addressed by; 1. Giving Council discretion under its Scheme to require a Subdivision Guide Plan for land in the
Residential zone. 2. The Subdivision Guide Plan would then have status. By requiring a Subdivision Guide Plan for the
residential component, the issue of the buffer can be dealt with by both the Council and the WAPC. The buffer can be included on the Subdivision Guide Plan with notations that subdivision will not be supported until the existing wastewater treatment plant is decommissioned.
3. The Subdivision Guide Plan would require approval by the Shire and WAPC. This is likely to be more acceptable to the EPA and Water Corporation.
The requirement for a Subdivision Guide Plan will also ensure that a co-ordinated subdivision occurs between the proposed residential and rural residential zones. The provisions will apply to the land subject of the amendment and also give Council more control over future subdivision. The following provisions are recommended as part of Amendment 14; Insert a new Clause 2.23 as follows; “2.23 RESIDENTIAL ZONE
(1) Council may require a Subdivision Guide Plan before recommending approval of any subdivision within this Zone having regard for the following;
(a) The size, scale and extent of the subdivision area and whether a guide plan is needed to achieve a good planning and design outcome;
(b) Any significant buffers, remnant vegetation, physical constraints or significant drainage or environmental issues which need to be taken into consideration in subdivision design;
(c) The need for co-ordination where multiple lots or landowners are involved.
(d) The need for integration and/ or co-ordination with subdivisions in the surrounding area or abutting Rural Residential zones.
(e) Any relevant Townsite Expansion Strategy, Local Planning Strategy or Local Planning Policy.
(2) Council will not require a Subdivision Guide Plan for infill subdivision, subdivision that in the opinion of the local authority is minor, extensions of existing residential areas or where it is satisfied that a Guide Plan is not required to achieve a good design outcome and the subdivision is in the
interest of orderly and properly planning.
(3) Where a Subdivision Guide Plan is required by Council is shall show-
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(i) The topography of the area.
(ii) The existing major road systems.
(iii) The location and width of proposed roads.
(iv) The approximate location of the recreation and open space areas proposed; open space to be related to creeklines, native vegetation, and other natural features.
(v) The anticipated population and residential densities proposed.
(vi) Landholdings adjacent to or in the vicinity of the area the subject of the Subdivision Guide Plan.
(vii) The development proposed, the method of carrying out the development and the projected times of completion of each stage of development.
(viii) Such other information as shall be required by the Council.
(4) If the Council resolves to support the Subdivision Guide Plan in principle it shall give notice that the Subdivision Guide Plan has been prepared and will be available for public inspection at the offices of the Council. The notice shall be published in a newspaper circulating the District, state that
submissions to the Subdivision Guide Plan may be made to the Council and shall nominate a date not being less than 14 days from the date the notice is first published before which such submissions may be made.
(5) The Council shall consider submissions and may recommend modifications to the Subdivision Guide Plan.
(6) The Council may decide not to proceed with the Subdivision Guide Plan or may submit the Subdivision Guide Plan so prepared to the Commission together with the submissions and request
the Commission to adopt the plan submitted as the basis for approval of subdivision within the area covered by the plan.
(7) Where a Subdivision Guide Plan is lodged concurrently with a re-zoning proposal, Council may determine that separate advertising of the Subdivision Guide Plan is not required.
(8) Notwithstanding any other provision of the Scheme or permissible density code shown the Scheme
map, Council shall not recommend that the Western Australian Planning Commission approve any residential subdivision within any buffer of an operating or proposed wastewater treatment plant.
(9) Council shall consider all residential subdivision applications having regard for any relevant
Townsite Expansion Strategy or Local Planning Strategy adopted by Council and endorsed by the
Western Australian Planning Commission. “ The WAPC has not yet approved the Draft Townsite Expansion Strategy but it is considered that the Commission is more likely to be supportive of the amendment proceeding with the safeguard of a requirement for a Subdivision Guide Plan to be approved by the Shire and the WAPC which addresses the buffer issue and staging of subdivision. Draft Subdivision Guide Plan The applicant has submitted a Draft Subdivision Guide Plan proposing a total of 56 lots ranging from 1242m2 to 1.4 hectares. The Guide Plan is generally supported however it is recommended that it be amended to show; 1. The existing waste water treatment plant buffer and notations to state that subdivision within the
buffer will not be supported by Council until the plant has been decommissioned. 2. Indicative staging be shown with regard to the buffer. 3. No direct access to Albany Highway from proposed Residential lots. 4. Deletion of reference to the traffic lights or potential future use of Railway Reserve for road access.
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5. A note stating that Council may recommend to the WAPC that a condition be imposed on future subdivision requiring a Geotechnical Report to be submitted and all filling of the existing dam to be certified by an Engineer to demonstrate it is capable of accommodating a dwelling and associated ancillary outbuildings.
Proposed Rural Residential Under the existing Scheme, subdivision and development for Rural Residential is controlled through Schedule 4. The current statutory wording of the Amendment does not include reference to Schedule 4 and this is important as it provides the link between subdivision and a subdivision guide plan in the Scheme. It is recommended that the Amendment include the following;
PARTICULARS OF LAND REQUIREMENTS OF THE ZONE
Portion of Lot 12070 (SN 13254) Albany Highway, Williams
1. Subdivision shall be generally in accordance with a Subdivision Guide Plan approved by the Chief Executive Officer and endorsed by the Western Australian Planning Commission.
2. The Subdivision Guide Plan shall show;
(i) The buffer to the existing waste water treatment plant with a notation that lots partially within or near the buffer may be affected by odour until such time as the plant is decommissioned.
(ii) Building envelopes for lots partially within the existing waste water treatment plant buffer which have regard for the location of vegetation.
(iii) Road linkages to the north-east. (iv) Adequate turning areas for
rubbish trucks. (v) Any other information required by
the local authority.
Conclusion The proposed amendment has previously been supported ‘in principle’ by the Council and the applicant has addressed the matters raised by Council. The amendment is generally consistent with the Draft Townsite Expansion Strategy however modifications to the statutory amendment text and Subdivision Guide Plan are recommended as outlined in this report.
STRATEGIC IMPLICATIONS
Draft Townsite Expansion Strategy – Council may consider a minor modification to the Strategy to accurately define the zones in this amendment once it has substantially progressed.
STATUTORY REQUIREMENTS
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The statutory requirements for Amendments are controlled by the Planning and Development Act 2005 and the Town Planning Regulations 1967.
FINANCIAL IMPLICATIONS
Nil.
POLICY IMPLICATIONS
Nil.
VOTING REQUIREMENTS
Simple Majority
RECOMMENDATION
THAT COUNCIL: 1. Subject to receipt of modified documents, initiate Amendment 14 to Town Planning Scheme 2
pursuant to Section 75 of the Planning and Development Act 2005 for the purposes of; (i) Re-zoning a portion of Lot 12070 Albany Highway, Williams from ‘Rural’ to ‘Residential
R2’, ‘Residential R10’ and ‘Rural Residential’. (ii) Introducing provisions in the Scheme giving Council discretion to require a Subdivision
Guide Plan for land in the Residential Zone. (ii) Including provisions in Schedule 4 - Rural Residential to require a Subdivision Guide Plan.
2. Advise the applicant that a revised Amendment document and Subdivision Guide Plan is required
addressing the matters raised in this report prior to referral to the Environmental Protection Authority.
3. That a copy of this report be referred to the Department for Planning and Infrastructure for
information.
Carried 9/0
Resolution 113/07
8.1 CHIEF EXECUTIVE OFFICER’S REPORT – LATE ITEMS
Carne/Medlen
That the following late items be accepted as urgent for discussion. Carried 9/0
Resolution 114/07
Report Reference: 8.1.18
Subject: Williams Primary School – Excellence Awards
File Reference: 6.20.70 Statutory Reference: N/A Author & Date: V. Epiro 19th November 2007
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Background:
Council provides two excellence awards @ $150 each annually to the Williams Primary School. The awards are presented at Presentation Night (Wednesday 12 December 2007) which the President, Councillors and staff are invited to attend.
Recommendation:
That two excellence awards to the value of $150 each be presented to the Williams Primary School.
Carne/Medlen
That two excellence awards to the value of $150 each be presented to the Williams Primary School.
Carried 9/0
Resolution 115/07
Report Reference: 8.1.19 (Refer to Report Ref: 8.1.17)
Subject: Williams Town Planning Scheme No 2 – Amendment No 14 (Report
attached)
File Reference: 14.25.26 Statutory Reference: Section 75 of the Planning and Development Act 2005 Author & Date: V. Epiro 19th November 2007
Background:
Gray and Lewis have prepared a report (attached) with a recommendation for the proposed amendment which is self-explanatory. They (Gray and Lewis) refer to issues arising out of the buffer to the wastewater treatment plant (required by Water Corporation), rezoning portion of lot 12070 from “Rural” to “Residential R2”, “Residential R10” and “Rural Residential” and the need for a Subdivision Guide Plan. Also it is interesting to note that there will be a total of eight (8) sewered lots in the subdivision as all other lots are in excess of 2,000m2 in area.
Recommendation:
(Refer to report reference: 8.1.17)
Report Reference: 8.1.20
Subject: Rodney Culleton – Complaint Regarding Refuse Site Attendant and
Charges
File Reference: 10.10.30 Statutory Reference: N/A Author & Date: V. Epiro 20th November 2007
Background:
Mr Rodney Culleton has made a written complaint regarding an incident that occurred at Williams Refuse Site on Sunday 22nd October 2007. In his letter Mr Culleton alleges that he went to the tip with eight (8) bulka bags and presented his rural tip pass and was informed that the pass was only for household rubbish and that the load would have to be inspected. Trevor Palframan informed him that there were 4 cubic metres and that the charge was $60.00. This was questioned by Mr Culleton and heated words were then exchanged between Mr Palframan and Mr Culleton. As Mr Culleton did not have any money he made a mobile phone call to his father following which there was more heated words exchanged until Mr Ron Culleton arrived and paid the charge and the rubbish was disposed.
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I was advised of the above incident by Mr Palframan on Monday 23rd October 2007 and had a phone call from Rod Culleton on Tuesday October 23rd whom I advised to put a complaint in writing. Whilst there appears to have been some provocation from Mr Culleton it would seem that Mr Palframan’s reaction was not appropriate and I have counseled and cautioned him regarding the incident. Mr Culleton is also requesting Council review the assessment of charges according to weight or a measure of some type. As Council is aware the charges are based on a “per cubic metre” or trailer charge with the Tip attendant (Trevor Palframan) making an assessment of the load based on 1 sulo bin = 1/3rd of a cubic metre. Mr Palframan endevours to make an assessment based on less than more in favour of the customer and this appears to have been acceptable as only one complaint has been received (Mr Culleton). It would be impractical to accurately measure the contents of each load as the contents would have to be placed in a sulo bin and emptied each time. Correspondence from Rod Culleton and Trevor Palframan will be tabled at the meeting. Recommendation: That Rod Culleton be advised that Trevor Palframan apologises for using inappropriate
language on the 22nd October 2007 and of the impracticalities of accurately measuring bulk refuse.
Medlen/Johnstone
That Rod Culleton be advised that Council apologises for the inappropriate language used by the refuse site attendant on the 22nd October 2007 and that the charge for refuse disposal is based on volume not weight which Council considers to be satisfactory.
Carried 8/1
Resolution 116/07
Prowse/Earnshaw
That Council extend full support to the refuse attendant regarding the operation of the refuse site. Carried 9/0
Resolution 117/07
Report Reference: 8.1.21
Subject: Department of Environment and Conservation – Zero Waste Plan
File Reference: 10.10.20 Statutory Reference: Environmental Protection Act 1986 – Zero Waste Plan Development
Scheme Author & Date: V. Epiro 20th November 2007
Background:
Under legislation gazetted on 28th September 2007, each Council is required to prepare a Zero Waste Plan prior to 14th March 2008. The Plan can be done individually or as a group which is the favoured option by the Department of the Environment. As Williams has resolved to be part of the Wagin Regional Refuse site group it was agreed at a recent meeting attended by Cr Graham Prowse and myself that a memorandum of Understanding (MOU) would be drawn up for participant Councils to formalize the preparation of the Plan and the Feasibility Study in relation to the Regional Refuse Site. A copy of the MOU is tabled for Councils consideration.
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Recommendation: That Council agree to being a signatory to the Memorandum of Understanding for the Zero Waste Plan and the Regional Refuse Site project.
Cavanagh/Earnshaw
That Council agree to being a signatory to the Memorandum of Understanding for the Zero Waste Plan and the Regional Refuse Site project.
Carried 9/0
Resolution 118/07
Report Reference: 8.1.22
Subject: Construction of CEO Residence 3 Munthoola Road
File reference: 9.10.20 Statutory Reference: N/A Author & Date: V. Epiro 21st November 2007
Background:
The Chief Executive Officer tabled Plunkett Homes’ site/house plans, and estimated costs for the proposed CEO residence for consideration.
Prowse/Johnstone
That Council contract Plunkett Homes to construct their Odyssey plan house at 3 Munthoola Road, Williams at the quoted price of $289,899 including the amendments listed.
Carried 9/0
Resolution 119/07
Cavanagh/Stone
That the house be constructed with a light exterior brick colour and a zincalume roof. Carried 8/1
Resolution 120/07
8.2 DEPUTY CHIEF EXECUTIVE OFFICER’S REPORT
8.2.1 ACCOUNTS FOR PAYMENT
Stone/Earnshaw
That Municipal Fund cheques 101104 – 101119 and direct debits totalling $79,419.50 and Trust Fund cheques totalling $105,273.23 approved for payment by the Chief Executive Officer be endorsed and that Municipal Fund cheques 101120 – 101186 totalling $160,494.97 be approved for payment.
Carried 9/0
Resolution 121/07
8.2.2 FINANCIAL STATEMENTS
Johnstone/Medlen
That the financial statements presented for the period ending 31st October 2007 be received. Carried 9/0
Resolution 122/07
8.4 ENVIRONMENTAL HEALTH OFFICER / BUILDING SURVEYOR’S REPORT
Building Permits
#198 J Keen Lot 23 Pinjarra-Williams Road Colorbond patio #199 M Ford Lot 1 Williams Road Zinc patio
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Building inspections ongoing. Food Premises Inspections
Shell Roadhouse – Cleanly maintained. Repairs to ceiling in kitchen to be undertaken within the month. Request for Two Dwellings on One Lot
The owner of lot 36 Pinjarra-Williams Road has submitted plans to build what could be considered two dwellings on the one lot. The lot is 7.7ha in size. The buildings will comprise a bathroom, single bedroom and a food preparation area. It is proposed to site them about 4 metres apart. As each part of this proposal could be considered a separate dwelling, it needs to be determined by Council whether it can happen. The “Residential Design Codes (“R Codes”) state that there should be only one dwelling per lot. Council can vary the “R Codes” if they see fit. The proponent wishes to use the dwelling for mostly weekend/holiday purposes and wants the second part of the dwelling for guests should they come down. However circumstances can change as does ownership and it could happen that a new owner could live in the first part of the house and rent out the other part. As the buildings are to be sited only 4 metres apart, this maybe sufficient to allow the concept. The owner has also indicated she intends to build a sunroom between the units which would effectively connect them and make it more like a single dwelling. Council could take other steps to prevent it appearing as two dwellings such as prohibiting the second unit from having a kitchen facility, although this could easily be added later. Council could also insist on the two units being connected by a covered patio. As the units are so small, contain only one bedroom each, are to be sited within 4 metres of each other and it is proposed to join them later with a sunroom, I would recommend they be approved as is. Recommendation:
That the owner of lot 36 Pinjarra-Williams Road be permitted to build a dwelling comprising two stand alone units provided the proposed sun room connecting the units is constructed within two years.
Earnshaw/Johnstone
That the owner of lot 36 Pinjarra-Williams Road be permitted to build a dwelling comprising two stand alone units provided the proposed sun room connecting the units is constructed within two years.
Carried 9/0
Resolution 123/07
8.4 ENVIRONMENTAL HEALTH OFFICER / BUILDING SURVEYOR’S REPORT – LATE ITEM
Development Application – Workshop and Shed – Lot 502 Williams Road, Williams
The owners of lot 502 Williams Road (cnr Gillett Street) have applied to erect a steel framed, fibre cement with dado shed and workshop on the lot. The area is zoned Rural Residential and is 2024m2. In accordance with the Shire of Williams Town Planning Scheme No. 2, development approval as well as building approval is required for all development on a lot zoned Rural Residential. The shed and workshop are to be positioned towards the rear of the lot with the proposed house (shown on site diagram attached facing Gillett Street). The shed and workshop are 9m2 and 65m2 respectively. Both will be Colorbond roof, fibre cement walls with a weatherboard dado.
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From the plan submitted there will be a number of windows in the workshop and a wet area that will contain a WC and hand basin and trough. Whilst the plan submitted shows an elaborate workshop that could appear externally as a dwelling, the application is for a workshop. In considering an application for development approval Council shall have regard to:
- The colour and texture of external building materials - Building size, height, bulk and roof pitch - Setback and location of the building on the lot - Architectural style and design of the building - Relationship to surrounding development - Other characteristics considered by Council to be relevant
This application looks quite nice and is possibly a little more elaborate than a standard shed / workshop. Surrounding development includes a Colorbond shed on the lot to the rear and a two storey cedar clad house and zinc shed several lots away. This development would not look out of place in this location. Recommendation:
That the owner of lot 502 Williams Road, Williams be permitted to erect a steel frame fibro and
weatherboard clad shed and workshop on the lot as indicated on the site diagram submitted, subject to the issue of a building permit.
Cavanagh/G Cowcher
That the owner of lot 502 Williams Road, Williams be permitted to erect a steel frame fibro and weatherboard clad shed and workshop on the lot as indicated on the site diagram submitted, subject to the issue of a building permit.
Carried 9/0
Resolution 124/07
Prowse/Carne
That the Environmental Health Officer/Building Surveyor’s Report be received. Carried 9/0
Resolution 125/07
8.5 COUNCILLORS
9.0 ELECTED MEMBERS MOTIONS OF WHICH NOTICE HAS BEEN GIVEN
Nil
10.0 NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE
MEETING
Stone/Earnshaw
That the shortage of Doctors in Narrogin be accepted as urgent for discussion.
Carried 9/0
Resolution 126/07
10.1.1 Doctor Shortage
Cr J Cowcher advised that he has been contacted by the Cr Don Ennis of the Town of Narrogin who explained the present critical shortage of Doctors in Narrogin. He is contacting surrounding Councils in an endeavour to have them contribute $5,000.00 each together with $15,000.00 from the Town of Narrogin towards attracting a locum Doctor for six months to ease the situation. At this stage Council resolved that funds not be contributed towards attracting a locum Doctor to Narrogin.