Minutes of the Ordinary Council Meeting 21 December 2010 · Minutes of the Ordinary Council Meeting 21 December 2010 6 27 April 2010 1353 MFCS Country Local Government Fund (Royalties

Minutes of the Ordinary Council Meeting

21 December 2010

Minutes of the Ordinary Council Meeting 21 December 2010

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TABLE OF CONTENTS

1. DECLARATION OF OPENING .......................................................................................3 2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED) ...................................................................................................................3 3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE .....................3 4. PUBLIC QUESTION TIME ..............................................................................................3 5. APPLICATION FOR LEAVE OF ABSENCE ..................................................................3 6. PUBLIC FORUM (PETITIONS/DEPUTATION/PRESENTATIONS) ................................4 7. CONFIRMATION OF PREVIOUS MEETING MINUTES .................................................4 8. DISCLOSURES OF FINANCIAL AND OTHER INTERESTS ..........................................4 9. STATUS REPORT DECEMBER 2010 ............................................................................5 10. REPORTS OF COMMITTEES ...................................................................................... 16 11. REPORTS OF OFFICERS ............................................................................................ 16

11.1 WORKS REPORT ................................................................................................. 16 11.2 MANAGER COMMUNITY AND REGULATORY SERVICES REPORT .................. 21 11.3 RECREATION SERVICES MANAGERS REPORT ................................................ 24 11.4 HOME AND COMMUNITY CARE – NOVEMBER 2010 ......................................... 26 11.5 CEO REPORT ....................................................................................................... 28 11.6 WAGIN GROUP REGIONAL LANDFILL SITE ....................................................... 30 11.7 BUSINESS CASE – LAKES & 4WD VROC AGED PERSONS HOUSING STRATEGY ALLIANCE CLGF (ROYALTIES FOR REGIONS) – REGIONAL COMPONENT ....................................................................................................... 38 11.8 PROPOSED AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1995 ........... 40 11.9 NEW GRIEVANCE POLICY AND PROCEDURES ................................................ 50 11.10 PRIVATE SWIMMING POOL INSPECTIONS – AUTHORISED OFFICER ............. 60 11.11 ADOPTION OF FORWARD CAPITAL WORKS PLAN ........................................... 61 11.12 STATEMENT OF FINANCIAL ACTIVITY – NOVEMBER 2010 ............................... 62 11.13 STATEMENT OF PAYMENTS – NOVEMBER 2010 ............................................... 70

12. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS ......................................... 86 13. ELECTED MEMBERS/MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN

GIVEN ........................................................................................................................... 86 14. URGENT BUSINESS INTRODUCED BY DECISIONS OF THE MEETING .................. 86 15. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2) ............. 86

15.1 LEGAL FEES JOHN HUNTER vs SHIRE OF WAGIN .............................................. 87 16. CLOSURE .................................................................................................................... 88


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Shire of Wagin Minutes of the Ordinary Council Meeting of Council held in Council Chambers on Tuesday 21 December 2010.

1. DECLARATION OF OPENING

The Shire President Cr Blight declared the meeting open at 7.00pm.

2. ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE (PREVIOUSLY APPROVED)

Present: Cr P J Blight President Cr G R Ball Member Cr K M Draper Member Cr G T Hegarty Member Cr J L C Ballantyne Member Cr J P Reed Member Cr J G Shaw Member Staff: Mr L J Calneggia Chief Executive Officer Mr B A Roderick Manager of Finance & Corporate Services Mr A Hicks Manager of Works Ms C A Webster Manger Community & Regulatory Services Mrs D J Thompson Executive Assistant Visitors: Tony Smith – Roadwise Safety Officer WALGA Apologies: Cr I C Cumming Cr J G Shaw Cr D K Morgan Leave of Absence: Cr G K B West

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

4. PUBLIC QUESTION TIME

Nil

5. APPLICATION FOR LEAVE OF ABSENCE

Nil


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6. PUBLIC FORUM (PETITIONS/DEPUTATION/PRESENTATIONS)

Mr Tony Smith, Roadwise Safety Officer from WALGA presented information to Council in regard to the Youth Driving Program being run by Dennis Courtney and currently being undertaken by schools within the Bunbury region. The "Keys for Life Program" which is supported by the RAC focuses on educating young drivers and also providing an opportunity for mature aged drivers to revise their knowledge of the road rules. Mr Smith encouraged Council to meet with Mr Courtney at the RAC Driver Training Centre, Perth where Council representatives would be given the opportunity to experience firsthand the driver training program and glean information on the possibility of undertaking a similar program at the Wagin Airstrip after a Business Plan has been undertaken.

He also provided Council with a Crash Data Map which contained information where road crashed had occurred within this region. He reported that Wagin is to host a safe systems workshop next year and outlined how these workshops do provide tremendous feedback for WALGA to analyse and provide information on how programs can be enhanced.

Tony Smith left the meeting at 7.30pm.

7. CONFIRMATION OF PREVIOUS MEETING MINUTES

8. DISCLOSURES OF FINANCIAL AND OTHER INTERESTS

Nil

1521 Council Resolution Moved: Cr. E N Pugh Seconded: Cr. G T Hegarty

That the Minutes from the Ordinary Council Meeting held on 23rd November 2010 be confirmed as true and accurate. Carried 7/0


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9. STATUS REPORT DECEMBER 2010

Date Resolution #

Officer Description Action Status Questions & Comments

FINANCE & ADMINISTRATION 27 Oct 2009

1171 MCRS Security Cameras for the Wagin Town Site To pursue the installation of security cameras in the CBD

Grant application $25,000 made to Office of Crime.

Quotes obtained. Order placed

24 Nov 2009

1209 CEO Proposal for an Integrated Energy & Water System That Council agree to be the lead proponent for the funding application, work in conjunction with Rural Towns Program to finalise Water Management Plans, and pay Karne De Boar funding application and co-ordination work upon receipt of application being successful.

Grant application sent on due date.

WDC advised to make joint application with Shire of Merredin for funds for Business Plan

15 Dec 2009

1234 MFCS Cash in lieu of public open space Create a new account “Cash in Lieu”, staff to develop policy on how to apply monies in accordance with the act. Write to the owners of lots 31, 64 & 150 Tudhoe St to seek interest in Council acquiring these lots.

Account created, Policy to be developed

Refer to Planning


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27 April 2010

1353 MFCS Country Local Government Fund (Royalties for Regions)

Prepare proposal to Dept of Regional Development & Lands in accordance with CLGF.

Proposal forwarded – Grant $35,000 requested

Morrison/Low consultants for Asset Management/Lt financial and Forward Capital Plan to be adopted in Dec 2010

25 May 2010

1374 CEO Reconciliation Action Plan Council invite the wider community to participate in developing a Reconciliation Action Plan

On-going

25 May 2010

1375 CEO Local Government Elected Members Records Staff to prepare a procedure to be considered by Council.

Agenda item 24 August 2010. Laying on table currently

24 Aug 2010

1435 CEO Regional Alliance Endorse MOU after recommended change to wording has been completed.

Refer to CEO report

24 Aug 2010

1436 CEO Regional Development Scheme – Wagin Aerodrome Change scope of works and complete an economic/business plan.

Six EOI”s received R4R asked to re-scope grant. – RAD‟s

24 Aug 2010

1438 CEO Councillor Training Seek interest from Councillors and neighbouring shires.

21 Responses received – training to be held 10 February 2011


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24 Aug 2010

1442 CEO Community Emergency Services Manager Council endorse reconsidered previous decision requiring five shires to participate.

Advise successful grant shared appointment with Shires of Katanning, West Arthur and Woodanilling

26 Oct 2010

1464 MCRS Future of Community Centre Undertake due diligence to consider Community Centre – Lot 123 Tudhoe Street

Letter written

26 Oct 2010

1465 MCRS Purchase of Land for Proposed Community Resource Centre

Write to owners of lot 19, 7, 120 Tudhoe Street to make formal offer as per recommendation.

Owner Lot 19 & 150 advised verbally not interested in accepting Council offer, owner lot 31 still not replied to letter of offer

26 Oct 2010

1466 MCRS Future Building Stocks That Council sell 5 Warwick Street as per Council resolution.

Completed upgrade. Market ready by 13 December 2010

26 Oct 2010

1468 MCRS Visit to other local authorities – Kulin, Bruce Rock, Corrigin & Narembeen

That CEO & MCRS prepare itinerary to the local authorities to schedule a visit.

To be arranged for February 2011

26 Oct 2010

1473 & 1474 MCRS ESL Levy/ESL Operating & Capital Apply for Lotterywest grant for more mobile standpipes, and a FESA grant for a third truck for the Wagin Bushfire Town Brigade.

To be prepared and submitted by end of December 2010.In Progress


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26 Oct 2010

1475 MCRS Fire Hazard – Sandalwood Plantation – Dweyerdine and Murdoch Roads

Council to look at including “any tree species” the in firebreak notice.

Land transferred to ARK they are in contact

26 Oct 2010

1476 MCRS 2010/2011 Budget Sportsground Staff to undertake tiling around the bar at EFP and carpeting of the small function room.

Carpets small and large room organised. Tiling waiting for quotes

26 Oct 2010

1499 CEO Legal Fees John Hunter vs Shire of Wagin Advise Jackson McDonald that Council accepts the offer.

On going

23 Nov 2010

1514 CEO CLGF – Regional Component – Aged Housing Project That Council accept in principal the Aged Care Housing Strategy as presented and endorse the use of the Cottage Homes Inc as the Shire of Wagin‟s third party.

4WD meeting to endorse strategy 9

th Dec. Business

case to be endorsed also. Agenda item – Dec 10

23 Nov 2010

1515 MFCS Shire of Wagin 2009/2010 Annual Report Advertise that availability of the Annual Report and advertise Annual Electors meeting.

Completed

23 Nov 2010

1516 MFCS Audit Services Contract – 3 years Appoint Dale Woodruff of Byfields as the nominated auditor for the next 3 years.

Auditor nominated - Completed


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Health, Building & Planning 23 June

2009 1072 CEO Strategic Waste Management Plans Write to

neighbouring shires, seek permission to dig test holes and prepare itinerary for visit to other waste facilities.

Replies received from 8 shires, EOI to be called for consultants to assess 2 x sites – 1 Piesseville and 1 Cuballing.

Agenda item Dec meeting

24 Nov 2009

1200 MOW/CEO Wagin District Farmers Co-operative Signage Advise the Co-op their request for signage will be considered at the next Townscape and Tidy towns Committee Meeting.

Wagin on feedback from the Chamber of Commerce

Still awaiting feedback from the Chamber of Commerce. Quote for hotmix received

24 Nov 2009

1214 CEO Light Industrial Land Council to authorised the ACEO to negotiate with the DPI – State Land Services to facilitate an agreement,

Contact made with Department.

DPI advised Reserve #16548 offered in lieu of Heritage survey

23 Feb 2010

1287 CEO Skate Park Make application to relevant funding bodies for grants to construct purpose built bowl; Seel approval from the Sportsground Advisory Committee on location. Funding allocated from the 10/11 budget

Preparing grant application. Awaiting Sportsground Advisory meeting to obtain endorsement of site.

Advised grant successful


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27 April 2010

1354 CEO Tender New Drs Residence Advise S & SJ Scardetta that they are the successful tenderers.

J McDougall Architect engage to draw plans and specifications

Construction commenced 16 August 2010

25 May 2010

1367 MFCS Sportsground Master Plan Develop a Sportsground Master Plan.

Looking at DSR funding in 2011

22 June 2010

1388 CEO Proposed Residential Subdivision – Arnott Street This item lay on the table for future consideration.

Shire planner advise to look at alternative design

27 July 2010

1407 CEO Street Tree Policy A brief with specification on plan for Street Trees be prepared.

MCRS to respond

27 July 2010

1409 CEO Rotary and District Signs Receive quote for enlarging the signage structure at the ram park.

On -going

27 July 2010

1410 CEO Service Club Signs The old signs be removed and new signs erected at the ram park, historical village and town park.

On - going

24 Aug 2010

1433 & 1434

CEO Regional Landfill Site Continue involvement with Wagin Group and form working group of Crs Pugh, Shaw, Ballantyne, MOW and CEO.

Agenda item Dec meeting

24 Aug 1439 EHO Shed Lot 1773 Ballagin Street – Wagin Agricultural Society

Advise proponent application is successful subject to conditions.

Applicant advised Shed not erected


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24 Aug 2010

1440 EHO Food Act – Authorised Officers Appoint EHO as AO and notify the relevant authorities.

Appointment Minuted I D Card to be designed

28 Sept 2010

1456 EHO Colorbond Shed – 213 Tudhoe Street Advise owner of Council approval as per Officers recommendation.

Owner advised and Building permit issued

26 Oct 2010

1482 CEO Wagin Frail Aged – Land Tenure Enter into the WA Health Services.

Letter written to D.O.H. On-going

26 Oct 2010

1484 CEO Industrial Land – Vernal Street – Reserve 48538 Make application to Landcorp to develop industrial land.

Meeting scheduled with Landcorp 25 November 2010.Application to Landcorp for Res 48538 to be submitted. Developed on 1/12/2010

26 Oct 2010

1485 CEO Sale of Land Undertake the sale of these lots by private treaty.

Local agents engaged

26 Oct 2010

1486 CEO Opening of unmade roads Council agree in principle to opening of Tillellan Rd and a portion of unnamed road to location 1429. Proponent to contribute 50% of costs.

Application for clearing permit made. Proponents advised of Council decision

26 Oct 2010

1487 MFCS Sportsground RV Area Hire Fees & Charges CEO to have delegated authority to negotiate appropriate fees for organisations.

On-going


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26 Oct 2010

1488 MFCS Lot 748 Omdurman Street Meet with Landcorp to arrange a suitable outcome.

Meeting with Landcorp 25 Nov 2010. Awaiting letter from Landcorp regarding Council options

26 Oct 2010

1489 MFCS Wagin Bowling Club Lease Agreement – October 2010

Sign, Stamp and execute the new lease agreement

Agreement will be signed in early December

26 Oct 2010

1494 EHO Guest House – Lot 5 Ballagin Road Wagin Advise proponents application approved subject to conditions outlined in Council resolution.

Advised applicant. Letter sent

26 Oct 2010

1495 EHO Keeping of four dogs – Lot 25 Tudor Street Wagin. Advise proponents approval has been granted subject to conditions outlined in Councils resolution.

Advised applicant. Letter sent


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WORKS & SERVICES

26 May 2009

1049 CEO Recycled Water Supply agreement SP and ACEO to sign agreement with water corp and investigate the installation of a 220,000kl storage tank.

Tank installed awaiting licence to use water from Health Department.

Commenced using water

24 Nov 2009

1198 MOW Watering Street Planter Boxes and Trees Approach local business to tap into their water supply to reticulate Tudor Street planter boxes and street trees.

Only reticulate pots near shire owned buildings.

As time permits. – On going - Same

23 Feb 2010

1277 MOW Street Tree Policy That Council except the quotation of costs from Michael Brown and engage his services to attend the meeting with Urban Design Personnel.

Cr Draper to follow up with quotes

Waiting for two more quotes as per the Purchasing Policy. Brief and specification to be drafted. Same

1278 MOW Tavistock Street – Upgrade Engage the services of the City of Gosnells Urban Design Personnel, walk the area and collect a photo log and site analysis, review concepts etc

Awaiting feedback from Business Owners. Same


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27 April 2010

1338 MOW Signage That Council install the Stick Map, the Tourist and Business Information sign (both to be double sided) at the Wetlands Park and a additional Stick Map to be placed at the Bus Depot, the Shire of Wagin RV sign to be installed on the three entrances to Wagin.

Waiting for quote from Locko‟s Workshop to house signs. Same MOW/MCRS obtain plans, location and design of shelter to house signs. Ongoing

23 Nov 2010

1502 MOW Bolt Road Defer Bolt Rd upgrade for consideration in the 2011/2012 budget.

Consideration for 2011/2012 Budget

23 Nov 2010

1503 MOW Reallocation of Airfield Runway Funding Reallocate funding towards the gravel sheeting of Ballaying South Rd as well as the savings from Bockaring and Dongolocking Roads.

Funds relocated to Ballaying south gravel sheet work to commence January 2011

23 Nov 2010

1504 MOW School Oval That MOW enter into discussions with school regarding the reduction in size and watering of the school oval.

Ongoing


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23 Nov 2010

1505 MOW/CEO School Bus Parking and Footpath CEO to meet with Bus Committee and the P&C to agree on concept plans for pickup and delivery areas.

Meeting held with School and Bus representatives, MOW to construct concept plan

23 Nov 2010

1506 MOW Waratah Lodge Kerbing Council undertake the kerbing and backfill of Arnott St in the 2010/11 program.

Works should be completed by 22 December 2010

23 Nov 2010

1507 MOW Works Program 2011/2012 That Council add Leake Lane, Tillellan Rd and make provision for a school upgrade of bus pickup/delivery area and footpath in the Works Program for 2011/2012.

Leake Lane to be added to 2011/2012 Works program. Tillellan Road clearing waiting for area permit. Others waiting for decision from Council for school bus upgrade and footpath works

23 Nov 2010

1509 MOW Recreation Complex – Hot Mix That Council endorse the change of scoping to the 2010/11 Works Program and install drainage and brick paving in front of the EFP in lieu of Hot-mixing the area.

Septic tank brick paving and cement work will be completed by 22 December 2010


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10. REPORTS OF COMMITTEES

Nil

11. REPORTS OF OFFICERS

PROPONENT: Shire of Wagin LOCATION: REPORTING OFFICER: Manager of Works Summary A Works Report is provided for Councils information. Background Council has previously requested that this information be presented to it at Ordinary Council meetings Comment Nil Statutory Environment Nil Policy Implications Nil Financial Implications Nil Strategic Implications N/A

Voting Requirements Simply Majority

11.1 WORKS REPORT


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Shire of Wagin

Works December 2010

Works Completed

Description

BALLAGIN ROAD

Reseal 8km from Carmody Road to Fullers Road

EDWARDS ROAD Gravel sheet 3km from Jaloran Piesseville Road, south

RECREATION GROUND

Paved along fence outside Eric Farrow, Install sump and cemented area near Playground

Future Works

Description

TOWN SITE

Footpaths

BALLAYING SOUTH ROAD Gravel sheet 6km

PIESSEVILLE- TARWONGA ROAD Gravel sheet 3km

RAV NETWORK 4 Intersection upgrades

JALORAN ROAD Reseal 3km

TOWN SITE Reseals

On Going Works

Description

MAINTENANCE GRADING

Various Roads as weather permits

PARKS & GARDENS Recycled water is being used and mixed with storm water and too date 706,000 litres have been pumped to the oval tanks.

Plant Down Time

Description

Other

Outside staff Works Crew stands down over the Christmas/New period from 23 December with some staff returning to work in the New Year on 4 January 2011.

1522 Officer’s Recommendation & Council Resolution Moved: Cr. J L C Ballantyne Seconded: Cr. G T Hegarty That Council adopts the Works Management Report comprising of the Works Progress Report for December 2010, and the Capital Works Program, Maintenance and Plant Reports for the period ending 30th November 2010. Carried 7/0


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REPORTING OFFICER: Manager Carolyn Webster

Summary The following report details the activities of this Division for December. There has been an increase in the number of possible grant applications over this period and the MCRS will devote January to writing these submissions. Each month brings with it a set of various activities that seem to be calendar driven so we have established a spread sheet to track roll over type activities and events for the coming year.

Statutory Environment Bushfire Infringement properties were indentified and sent reminders. A follow up will be completed and infringement fines will be distributed in the New Year. Policy Implications A LEMC meeting was held in December and a number of key initiatives were covered (see this Report) Following a meeting of staff involved in a grievance it was realised that the Shire did not have a Policy or Procedure laid down. A new Grievance Policy and Procedure has been developed and is on this meeting‟s agenda for Council approval. Financial Implications As per 20010/11 Shire Budget work has been completed on the upgrade of our house 5 Warwick St including some internal and external painting, tiling, cleaning, landscaping and reticulation. This property is now ready for the market.

COMMUNITY AND REGULATORY SERVICES

REPORT DECEMBER 2010

Item

Notes

Locum Doctors A complaint was received re the second Doctor and it in essence related to his inability to admit patients. We will endeavour to book locum doctors well in advance in future and Gemini appreciate the need for us to have Doctors who cover the full spectrum of the clinical work expected.

CCTV and Community Safety A third plan and quote for $32,292.48 (incl GST) has now been received from a Perth based company Zenian and the Shire has accepted this. A copy has been sent to the Chamber of Commerce as they are a part funder for this project. The system has the capacity to incorporate up to 26 cameras and a variety of covert type equipment. Stage one will see the CBD covered and stage 2 will expand the system to include the School, Sports ground and other outlying facilities. Sgt Paul Lydiate and the Shire have applied for a second $25K grant to allow for this expansion. We have also applied for a variation to some other grant money from the Office of Crime Prevention. The Woolorama Committee has pledged $3K for CCTV and it is hoped that the Education Department will come on board re cameras for the school.

11.2 MANAGER COMMUNITY AND REGULATORY SERVICES REPORT


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Asset Management and Maintenance Schedule

BMO, Andy Taylor, has completed 50 jobs in this period. A recent achievement has been the upgrading of the Bar area in the Sport and Recreation building and other minor upgrades as this area has been rather neglected. Andy has done a great job in Warwick St. The CEO will report on correspondence re the Tudhoe land acquisition. The new Doctors house in Khedive St is progressing well. Meetings with the Electrician and the Builder have taken place and the Shire is preparing to purchase some white goods and develop a landscaping plan.

Community Development

3 work for the Dole persons have started at the Shire, a joint project with a NFP organisation Community First. They are all engaged in Building maintenance, Cleaning and Parks and Garden activity. An Ovarian Cancer Forum is being planned for Ovarian Cancer Month in February. Age Friendly Communities Project Officer has submitted the collective draft report. (Refer attachments to this Agenda). A Regional Alliance Meeting demonstrated a raft of activities that we could actively collaborate on in the Community Development area. This meeting will be reported upon by the CEO.

Youth The Shire has agreed to sponsor a young person into the Regional Development Australia – WA Wheatbelt Youth Leadership Program. We have requested a nominee through the Youth Centre Coordinators.

OH & S Sue Dowson and Lee Anne Fuss attended an OSH Meeting in Kojonup. It focussed on the methods on how to report on work place Incidents and Accidents. Ergonomic assessment by the MCRS undertaken on behalf of Rebekah Cummings and others to follow.

Grants A Joint application has been prepared between the Shire and the School to fund a series of Aboriginal Dance Workshops at the school involving both aboriginal and non-aboriginal students. The Shire will accommodate the Wadumbah Dance Group, provide the Town Hall and fund the cost of a free public concert in the evening of the School workshops. The application is directed to the Department of Indigenous Affairs and such an activity will be seen as part of our RAP program. Dry Season Grants are being looked at with the possibility of an application in support of the proposed Mens Shed initiative. A second design for the upgrade of the Stubbs St Family Park is being sought. Once the plans have been assessed a Lotteries West and other grants will be prepared.

Local Emergency Management Harvest Bans protocols and staff training completed. 3 Harvest Bans have been called since the last Council Meeting. LEMC Meeting focussed on broader issues to do with motor vehicle accidents, bushfire management matters and the announcement and future role of the Shared Emergency Management Officer. There needs to be improved working relations between all Bushfire Brigades and increased utilization of the Wagin Bushfire Brigade.


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Communication between the MCRS and ARK Receivers of the Sandalwood Plantation have been ongoing. They have been referred to CBFO and Councillor Morgan as Chair of the Bushfire Committee to determine the best way forward as the Plantation is considered a serious fire risk.

Townscape Committee No meeting was convened.

Sport and Recreation

The possibility for a Holiday Sport and Recreation Program is being canvassed through the school with university students and others on standby should there be a demand. A meeting was held to discuss the specifications and possible future upgrades for the Aquatic Centre. This will be reported on by the CEO.

HACC A meeting with the local District HACC Project Officer was held covering issues such as Unit Costs, Meals on Wheels, Operational Review and Activities Plan for 2011 and the Community Care Standards application. The HACC team has worked arduously throughout the year and once unit costs and other matters are reviewed the budget for this program can be determined with more accuracy.

Strategic Implications N/A

Voting Requirements Simply Majority

1523 Officer’s Recommendation & Council Resolution Moved: Cr. J P Reed Seconded: Cr. K M Draper That Council receives this report. Carried 7/0


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REPORTING OFFICER: Manager Stuart Johansson Club Development Officer- CDO Over the past few months due to pool being open, I have not been able to do any hours for this role and will not be able to continue this role until the swimming pool season has finished. Recreation Centre The following events have happened at the Recreation Centre/Eric Farrow Pavilion in the months of November and December: Trots Friday 5th November Held in Recreation Centre Western Power Seminar Thursday 11th November Held in Eric Farrow Pavilion Private Christmas Function Sunday 14th November Held in Eric Farrow Pavilion Private Christmas Function Saturday 4th December Held in Eric Farrow Pavilion Cricket Club Function Sunday 12th December Held in Recreation Centre Current Events for the Wagin Recreation Centre

Sport Description When

Junior Basketball Junior Basketball Competition

Monday

Stay on Your Feet Exercises for Seniors Monday and Thursday

The two major groups using the Recreation Centre over the past two months has been Junior Basketball with around 70 children participating and Stay on Your Feet. Swimming Centre The pool was opened to the public on Monday the 15th of November and has been operating well for the season. The public has easily accepted the new opening hours and have still shown good support of the centre. Early morning swimming has been a very big improver this season with between 20 and 30 patrons using the centre most mornings during December. The addition of a few new items such as a portable Volleyball net & court and mini basketball hoop have been welcomed by the younger patrons and they have really enjoyed using them which in turn links with them being well behaved.

11.3 RECREATION SERVICES MANAGERS REPORT


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Our Inflatable Obstacle course in which was purchased from an aquatic centre in Perth requires a few minor maintenance issues to address before being used by the public but I believe this will be another draw card for our centre. Total Admissions for November 15th – 30th: 727 Total Admissions for December 1st – 8th: 286 Season Ticket Sales for November 15th – December 8th: Family 17 Adult 5 Child 7 Pensioner 10 On Sunday the 12th of December the Wagin Swimming Centre was the venue of the Narrogin Open ran by the Narrogin Swimming Club. 176 swimmers participated in the event from all over the state plus 229 spectators joined them for the day. The reason we became the venue for this event was due the Narrogin 50m pool being unable to open as it had problems with its pipe work. VacSwim Program 1 begins on Friday the 17th of December and runs over the weekend and finishes on Thursday the 23rd of December. Program 2 begins on Wednesday the 29th of December and finishes on Friday the 7th of January 2011. Statutory Environment N/A Policy Implications N/A Financial Implications N/A Strategic Implications N/A Voting Requirements Simply Majority

1524 Officer’s Recommendation & Council Resolution Moved: Cr. G T Hegarty Seconded: Cr. G R Ball That Council receive and endorse this report. Carried 7/0


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PROPONENT: Home and Community Care LOCATION: REPORTING OFFICER: Home and Community Care Coordinator Summary Eighty seven Clients received one or more services. These services included; 55 Clients Housekeeping 1 Clients Shopping 11 Clients Social Support 2 Clients Personal Care 27 Clients Centre Based Day Care 16 Clients Meals on Wheels 29 Clients Gardening 9 Clients Transport 3 Client Care Coordination 1 Assessment HACC Conference I was one of approx 515 delegates who attended a two day conference recently. The theme was “Embracing Change in Community Care” which we were able to share experiences of how we are meeting the challenge of a changing sector, how it has grown and how it will need to change to continue to meet the needs and expectations of today‟s and tomorrow‟s clients. The content was an array of guest speakers and plenary and concurrent sessions which enabled us to learn from their insights and experiences. Centre Based Day Care The annual Christmas functions were the main activity. Seventeen clients attended Day Care Christmas lunch. Approximately seventy seniors in Darkan enjoyed lunch and were entertained by the pre-primary and year one children. Fifteen clients travelled to Manjimup staying overnight. A number of Wagin clients attended the Christmas dinner at the Wagin Golf Club which was provided by the Wagin District High School.

11.4 HOME AND COMMUNITY CARE – NOVEMBER 2010


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HOME AND COMMUNITY CARE – MDS

Statutory Environment N/A Policy Implications N/A Financial Implications N/A Strategic Implications N/A Voting Requirements Simply Majority

TYPE OF SERVICES PROVIDED – TOTAL

TIME (HOURS)

MONTHLY CONTRACTED

HOURS PROVIDED

VARIANCE CONTRACTED YEAR TO

DATE

Domestic Assistance 250 231 - 19 3000 1205

Social Support 58 51 - 7 896 279

Personal Care 4 16 + 12 197 76

Centre Based Day Care 125 116 - 9 1500 659

Respite Care 1½ 20 15

Assessment 14 1 - 13 175 16

Case Planning / Review 12 7 5 7

Home Maintenance 121 55 - 66 1459 373

Transport 87 71 - 16 1049 360

Meals on Wheels 510 337 - 173 1673

1525 Officer’s Recommendation & Council Resolution Moved: Cr. E N Pugh Seconded: Cr. J P Reed That Council receive and endorse this report. Carried 7/0


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PROPONENT: LOCATION: Shire of Wagin REPORTING OFFICER: Chief Executive Officer Shire President and Councillors I hereby present my report; The Staff and I wish Councillors and their families a very Merry Christmas and prosperous New Year. Staff The following staff recently undertook training; Sue English, Tegan Murray, Debbie Thompson and Rebekah Cumming. During December Debbie Stephens has taken one week‟s leave commencing 13 December 2010. Light Industrial Land Vernal Street The Shire President, Chief Executive Officer and Manager Finance and Corporate Services met with representatives of Landcorp to discuss RCAP funding for Light Industrial Land and the outstanding issue involving Lot 748 Omdurman Street – Proposed Residential subdivision. The application to develop Light Industrial land was well received and an application was submitted to Landcorp on 1 December 2010 to “take over” this project from Council. Options regarding Lot 748 were discussed including;

a) Council outright purchase and zone reserve b) Revisit Residential Subdivision proposal, and c) Landcorp selling Lot as one unit.

Regional Airports Grants (RAD‟S) Following a request for changes on the scoping of this grant we have received unofficial advice that the Department be prepared to pay $2 for $1 towards the cost of preparation of a Master Plan. Consultants will be interviewed as soon as grant confirmation is received from the Minister on the amount of grant monies we will received. Shared Community Emergency Services Manager Members of the 4WD VROC and the Shire of Katanning have been advised that our application to engage the abovementioned person was successful. FESA have agreed to contribute 70% of the cost (including housing) and the four local governments of Wagin, West Arthur, Woodanilling and Katanning contributing the remaining 30% in equal proportions. Council‟s share will be in the vicinity of $9,000pa for three (3) years and conforms with previous cost estimates. Regional Collaborative Alliance CEO‟s and Senior Management met at Quindanning on Tuesday 7th December to “workshop” ways that each of the local governments can work together, to joint share resources. A number of action plans were identified and further meetings will be

11.5 CEO REPORT


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scheduled in the New Year. I believe the workshop was useful, however much work needs to progress for the Alliance to be deemed successful. Council members should also meet as a group to undertake similar strategies. School Bus Pick-up and set down The MOW & CEO met with the Wagin district School Principal and school bus operators recently regarding the schools request to relocate the present school bus pick-up/ put down area from its present location in Ranford Street to Tavistock Street. Agreement was reached on the concept and the MOW is to undertake planning and costing which will be bought to council when complete for endorsement. Business Closures A concerned resident approached the author recently expressing some concern regarding recent and apparent impending closure of a number of businesses in Wagin. I am devoid of any ideas on how best to arrest the situation, however promised to air her concerns. Lotterywest Grant It was pleasing to see our application to Lottery West for the Skate Park was successful. Diary 24/11/2010 Wagin Woodanilling Landcare Management 25/11/2010 Landcorp 10 - 11.30am Regional Waste Management 2 – 4.30pm MWAC visit 5.00pm 26/11/2010 Country Zone Meeting – Teleconference 6/12/2010 OAG Meeting (Perth) 7/12/2010 Katanning/Narrogin/Wagin Regional Alliance Senior Citizens Dinner 8/12/2010 Radio Session 6GS Community Partnerships – Wagin High School 9/12/2010 4WD & Lakes VROC – Aged Housing Strategy LEMC – 7.00pm 10/12/2010 Christmas Function 14/12/2010 Brian McDonald – WetDeck Pools DEC – Wagin Waste Site 15/12/2010 Katanning Shire – Premier visit announce Saleyards Wagin High School – Presentation Evening 17/12/2010 Farm Water – Tambellup – Water Dept 21/12/2010 Electors Meeting – 6.30pm Council Meeting – 7.00pm Statutory Environment N/A Policy Implications N/A Financial Implications N/A


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Strategic Implications N/A Voting Requirements Simple Majority

PROPONENT: CEO LOCATION: To be decided REPORTING OFFICER: Project Manager Strategic Waste Summary Council to consider and advise its continued support to the “Wagin Group” in the establishment of a Regional Landfill facility. Background The time is fast approaching for all Member Councils to consider and advise in-principal participation in the regional waste disposal site proposed by the Wagin Group. The Group has effectively reached the crossroads and can‟t proceed without known participation partners. The Wagin Group was in 2007 for the purpose of responding to the Waste Authority of WA‟s Zero Waste Plan (subsequently changed to Towards Zero Waste). Significant achievements of the Group to date include the Landfill Environmental Management Plan for each refuse disposal site and the Strategic Waste Management Plan (3 April 2009). The Group is made up of 12 member local governments:

Cuballing

Dumbleyung

Lake Grace

Narrogin Town

Narrogin Shire

Pingelly

Wagin

Wandering

West Arthur

Wickepin

11.6 WAGIN GROUP REGIONAL LANDFILL SITE

1526 Officer’s Recommendation & Council Resolution Moved: Cr. G T Hegarty Seconded: Cr. J L C Ballantyne That Council receive and endorse the Chief Executive Officer‟s report. Carried 7/0


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Williams

Woodanilling

and represents a population of a little over 14,000 people generating an estimated 27,000 tonne per annum of waste. Council has been a member of this Group since its inception and Staff has participated and contributed in the various processes. Whilst the 2009 Landfill Environmental Management Plan proposed the continuation of the 21 individual landfill sites across the Group the preference from the Department of Environment and Conservation (DEC) was for fewer, well run landfill sites serviced by transfer stations rather than multiple loosely-managed landfills. Recognising this preference from DEC, the Group has spent the last twelve months closely considering the option of a regional refuse site. Other driving factors have included some local governments with limited life left in their existing sites and other local governments recognising the difficulties in low volume sites being able to meet the higher standards expected in refuse site management and seeking to change. More recently a Working Committee was established to assist the appointed consultant Lindsay Stephens of Landform Research with site selection and to look at a range of issues including appropriate management structure, method of transport, equitable capital & operating costs. The Working Committee has inspected the Regional Waste Disposal Site at Kondinin and two of the transfer sites feeding this Disposal Site at Kondinin and Kulin. In broad terms, a Regional Waste Disposal Site will provide member participating local governments with a facility (a hole in the ground) where putrescibles are disposed. Existing collection sites to continue will require a transfer station. Initially, only putrescibles will be accepted into the Regional Waste Disposal Site – with consideration to other waste streams (eg recyclables) once the Regional Waste Disposal Site is operational. As such, provision for green waste and sewage disposal at the existing sites will still be required in the interim. With a lot of assumptions, estimated costs of the proposed Regional Refuse Site are: Capital Costs:

Land purchase $500,000

Fencing $10,000

Shed $50,000

Weighbridge $200,000

Gen Set/electrics $10,000

Access Road $10,000

Other site costs (contour banks, monitoring bores $10,000

Initial excavation $10,000 $800,000

Annual Operational Costs:

Waste freight from Transfer Stations $95,757

Regional Waste Site management $110,160 $205,917


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Two sites are being explored – Tarwonga Road (preferred) and Walker Road – both south of Narrogin. Different areas are involved for these sites. In addition, each local government will need to provide their own Transfer Stations – at an estimated capital cost of $60,000 each. (The Shire of Kondinin has an engineering drawing for this.) All local governments also need to be aware of the necessary process (and costs) to de-commission a refuse disposal site. The Department of Environmental Protection has issued guidelines for this. The Group has considered the significant issues associated with the Project. The decision on some of these issues has not been unanimous and the options with an initial position of the Group is indicated on each issue as Proposed. Ultimately, a decision will be made by a majority of the final partners in the project. Those issues considered are: Ownership Equity Options considered were: 1. Equal shares, equal purchase contributions, equal equity. 2. Proportional shares with purchase contributions based on population (equating

to approximate tonnage of waste). 3. Proportional shares with purchase contributions based on a flat minimum

payment plus a proportion based on population. A variety of different mixes have been thrown around – with Option 3A showing an example of proportional shares (population/tonnage) in the land purchase component ($500,000) and equal shares in the site development costs ($300,000). Option 3B shows 10% of the capital costs on proportional shares (population/tonnage) and 90% with equal shares. Option 3C shows equal share of the land component and proportional site development costs.

None of the options has a fact basis and as such a philosophical decision is required. Option 1 Option 2 Option 3A Option 3B Option 3C

Cuballing $66,666 $45,259 $53,287 $64,526 $65,864

Dumbleyung $66,666 $36,789 $47,993 $63,679 $65,546

Lake Grace $66,666 $75,095 $71,934 $67,509 $66,983

Narrogin Town $66,666 $246,397 $178,998 $84,640 $73,407

Narrogin Shire $66,666 $48,167 $55,104 $64,817 $65,973

Pingelly $66,666 $67,889 $67,430 $66,789 $66,712

Wagin $66,666 $105,436 $90,898 $70,544 $68,121

Wandering $66,666 $20,607 $37,879 $62,061 $64,939

West Arthur $66,666 $49,431 $55,894 $64,943 $66,020

Wickepin $66,666 $31,479 $44,674 $63,148 $65,347

Williams $66,666 $50,190 $56,369 $65,019 $66,349

Woodanilling $66,666 $23,261 $39,540 $62,325 $65,029 Total $800,000 $800,000 $800,000 $800,000 $800,000 It needs to be noted that the total cost to commission the Regional Refuse Site is not dependent on the number of local governments involved – as such, naturally if 12 local governments agree to participate, the costs per local government will be substantially cheaper than if only 8 agree to participate.


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Consideration needs to be given to the ability for other local governments to buy in at some future time. Equal equity provides this option in a less complicated manner. Some local governments are interested in becoming initial silent membership – participation in the capital costs of the Regional Refuse Site firstly but not its operation until they are ready. Any of the options would be suitable to this. A further twist was a proposal to split the capital costs such that the land purchase (which has limited access to grant funding) is treated differently to the site development (which may be fully funded by grants). This could be applied such that there is proportional shares in the land purchase and equal shares (or even no shares) in the site development costs – see Option 3A. Certificate of Title considerations are also required – with tenants in common being proposed on the title deed from among the participating local governments. This might be 1 share (as in Option 1 assuming 12 shares issued) or for Option 3B for (eg) Pingelly: $66,789 x 12 1.0018 shares. $800,000 Proposed – Proportional shares, Proportional purchase contributions, Proportional equity (either Options 3A, 3B or 3C with a preference for 3C), and tenants in common on title. Ownership Future Options considered were:

Inability of Partners to sell out – Partners could only hold their equity until the Site was ultimately closed down.

Ability to sell out only to another local government. (Refer to Clause 4 and 6 of Roe Group Regional Waste Site Agreement).

No support was given to the ability to sell out to private enterprise. The ability to sell out would be dependent on the question of Ownership Equity – if there is proportional equity based on population then that equity would not be able to be traded. Proposed – inability of parties to sell out. Corporate Structure Options considered were:

Legal agreement between all parties with a Sponsor/Host local government to act as lead local government.

Formal Regional Organisation of Councils (ROC).

Incorporated structure (currently not permitted under legislation but being considered by the government).

Given the governance overheads and setup processes of a ROC and the ability to opt out easily the legal agreement option is the preferred – with a provision to be included in the document that will allow conversion to a ROC or some other entity (perhaps the Hon Max Trenorden‟s subsidiary model for local government being introduced into Parliament as a Private Members Bill) on the agreement of all parties in the future The legal agreement option will require a “lead” local government to be


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the various contracts signatory – with more than one local government indicating in-principal agreement to accept this responsibility.

Proposed – Legal agreement between all parties with Sponsor/Host Local Government in the first instance.

Transfer Stations No alternative options to the proposal for individual local governments to construct and manage their own transfer station/s were considered. However it is noted that the waste collection receptacles at the Transfer Stations will need to be standardised to work with the waste cartage system.

Proposed – individual local governments to be responsible for determining the number of sites, location and size of their Transfer Station/s together with their funding.

Waste Cartage Whilst the mechanics of the cartage of waste from the Transfer Stations to the Regional Refuse Site are still to be determined, the different options considered were:

Individual local governments to arrange their own waste cartage

Kerbside collection contractor to arrange the cartage of the kerbside collected waste together with the Transfer Station waste.

Separate contractor to arrange the cartage of the Transfer Station waste.

It is acknowledged that specialist equipment will be required for the transfer and that compaction of the waste will likely be more economic. A key agreement in neutralising the Regional Refuse Site location (and consequent freight distance differential between the various local governments) was for creation of a flat cost per tonne regardless of distance, for all of the local governments (Option 2) as opposed to each local government paying the tonne km freight cost (Option 1). Option 1 Option 2

Cuballing $4,332 $5,417

Dumbleyung $6,402 $4,403

Lake Grace $26,136 $8,989

Narrogin Town $16,079 $29,493

Narrogin Shire $3,143 $5,765

Pingelly $11,814 $8,126

Wagin $9,403 $12,620

Wandering $2,690 $2,467

West Arthur $5,376 $5,917

Wickepin $4,656 $3,768

Williams $2,184 $6,008

Woodanilling $3,542 $2,784 Total $95,757 $95,757 For example, for Pingelly for Option 1 (tonne km rate), at 80km from the Tarwonga site and 537 calculated tonnes of the 6,328 calculated total tonnes, a total of 42,960 tonne km is involved (of the Groups total 348,208 tonne km). A freight cost of $2.75 per km per 10 tonne load has been used – which calculates to a total freight cost across all 12 local governments of $95,757.


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42,960 tonne km x $2.70/km $11,814 10 tonne load

For Option 2 (flat tonnage rate) for Pingelly, the 537 ton

Option 2 537 tonnes x $95,757 $8,126 6,328 calculated tonnes

Proposed – flat tonnage freight cost regardless of distance, across all of the local governments with further deliberations on the transport system (Option 2).

Regional Refuse Site Location Following an invitation for all local governments to nominate potential sites, a number were initially investigated. Factors in this consideration were:

the tonne/kms freight cost of the putrescible waste.

Land owner interest in sale (forcible acquisition was not considered appropriate or necessary).

The potential sites have reduced to two – Tarwonga Road and Walker Road – both in the triangular of the borders of the Shires of Wagin, Narrogin, West Arthur and Williams. Both sites are currently being investigated for suitability.

Proposed – Regional Refuse Site to be located in the triangular of the borders of the Shires of Wagin, Narrogin, West Arthur and Williams.

Regional Refuse Site Operation No other alternatives to local government owners being charged for waste disposal equally on a per tonne basis were considered. However, non-owners (local governments or otherwise) are to be charged a margin.

A weighbridge on site will be required to determine this charging system. Solar power is adequate for a weighbridge – negating the need to locate the Site on the power grid.

Proposed

Cuballing $6,232

Dumbleyung $5,068

Lake Grace $10,341

Narrogin Town $33,929

Narrogin Shire $6,633

Pingelly $9,348

Wagin $14,519

Wandering $2,838

West Arthur $6,807

Wickepin $4,335

Williams $6,911

Woodanilling $3,199 Total $110,160 Proposed – waste disposal be charged equally on a per tonne basis Timing The decision making process will involve the following steps (currently up to Step 4): 1. Site options selection. 2. Site testing. 3. Budget costing.


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4. Agreement on partners (in-principle decision). 5. Site selection. 6. Determination of corporate structure (after taking legal advice). 7. Site Option purchase – subject to gazettal. 8. Resolution of Ownership and Governance structure. 9. Site gazettal as refuse site. 10. Purchase site. 11. Tender out Site development requirements and operational services. 12. Commence operations. Investigation costs involved with site testing (Step 2) are currently being funded by surplus funds from previous waste projects. The first significant expenditure will occur when an option (Step 7) is taken out over site. This will be followed by the detailed work necessary to gazette the property (Step 9) as a refuse disposal site. Further expenditure will then be required to purchase the land (Step 10). This expenditure is likely to occur in early 2011/12. Comment The group are advancing the project and a number of important decisions will be required shortly therefore Council will need to decide whether to continue its involvement or otherwise. The Wagin Group believes that there is sufficient information now for Councils to be able to make this decision. It is important to consider some other factors when interpreting the results of any cost benefit analysis for a regional landfill site verses the costs involved in maintaining a local landfill site, including the following:

the cost of maintaining a fully compliant site rather than the cost for what is currently operating.

the regulatory requirements and the degree of enforcement for landfill are bound to increase over time.

future reporting obligations will be more easily met by having a regional site as the weighbridge will give accurate figures of tons to landfill. This will be particularly important with regards to possible future carbon accounting obligations or if the landfill levee is extended to cover regional areas.

future grant funding is lightly to only be available for projects on a regional scale.

there may be commercial opportunities that develop from having a regional facility. The profits from any such opportunities could then be used to reduce the cost of handling the waste, be used for future infrastructure investments or simply be shared amongst the member local governments that have invested in the site.

cooperating on waste management may make it easier to save money on shared waste infrastructure, contracts and services into the future.

this is a long term investment that could benefit all local governments involved over a period of time (possibly 50 to 100 years).

Statutory Environment Section 68 of the Waste Avoidance and Resource Recovery Act 2007 provides local government with the power to impose a fee or charge in respect of waste services

under section 6.16 of the Local Government Act 1995. Section 3.1 of the Local Government Act 1995 enables local government to set fees that are for the “good governance” of the local government district.


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Policy Implications N/A Financial Implications Will impact heavily on future budgets however the site development costs will hopefully be funded by waste authority or similar (R4R) grants. Strategic Implications Physical Environment – Search & commission New Waste management site. Regional Development – Regional waste management programs & projects. Voting Requirements – Simple Majority

1527 Officer’s Recommendation & Council Resolution Moved: Cr. E N Pugh Seconded: Cr. J L C Ballantyne That noting the details in this Report, the Shire of Wagin give in-principle agreement to its continued participation in the Wagin Group‟s proposed Regional Refuse Site;

support the Options proposed by the Wagin Group:

Ownership Equity – supporting options 3A, 3B or 3C with a preference for 3C, equal shares for land component (as tenants in common) and proportional for site development costs.

Ownership Future –inability of parties to sell out;

Corporate Structure – legal agreement between all parties;

Transfer Stations – individual local governments to be responsible for determining the number of sites, location and size of their Transfer Station/s together with their funding;

Waste Cartage –flat tonnage freight cost regardless of distance, across all of the local governments with further deliberations on the transport system;

Site Location –Regional Refuse Site to be located in the triangular of the borders of the Shires of Wagin, Narrogin, West Arthur and Williams;

Site Operation –waste disposal be charged equally on a per tonne basis; and support the Timing proposed by the Wagin Group.

Carried 7/0


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PROPONENT: LOCATION: Wagin REPORTING OFFICER: Chief Executive Officer ATTACHED: Table 10 See: Separate Attachment – Business Case

Summary To endorse the business case that has been proposed for the Lakes and 4WD VROC Aged Persons Housing Strategy for funding under CLGF (Royalties for Regions) grants.

Background Council accepted in principal at its November 2010 meeting the Aged Persons Housing Strategy (involving the seven local governments) in both of the above VROC‟s.

Consultant IDRisk, Marg Hemsley has prepared the attached business case on behalf of the group. Table 10 (as below) shows that Wagin stands to receive substantial benefit with the building of eight (8) units over three (3) years on land in Khedive Street (Res 48235) which has previously been set aside for the purpose. Council will need to authorise leasing the above reserve to the Cottage Homes Inc for a period not exceeding twenty one (21) years.

PROJECTED WAGIN BUDGET Table 10

Shire 2010/11 2011/12 2012/13 2013/14 2014/15 Total

Wagin CLGF 212497 303567 303567 607134 607134 $ 2,033,899

Cottage Homes 0 250000 0 0 0 $ 250,000

Total cash $212,497.00 $ 553,567.00 $303,567.00 $ 607,134.00 $607,134.00 $2,283,899.00

Project Expenditure

Surveyors 5000 $ 5,000

Architecture/drawings 15000 $ 15,000

Tender prep/alloc 10000 $ 10,000

Site costs 50000 $ 50,000

Services /Tel/gas/elc/water 50000 50000 $ 100,000

Building costs 920000 1113200 $ 2,033,200

Driveways 20000 20000 $ 40,000

Footpath 20000 20000 $ 40,000

Fencing 30000 30000 $ 60,000

Landscaping 30000 30000 $ 60,000

Insurance 2000 2000 $ 4,000

Total $ 80,000.00 $1,072,000.00 $ - $1,265,200.00 $ - $2,417,200.00

In kind Budget

Land 180000 180000 $ 360,000

Project Management $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 75,000

Total $ 15,000 $ 195,000.00 $ 15,000.00 $ 195,000.00 $ 15,000.00 $ 435,000

Surplus/Deficit $132,497.00 -$ 518,433.00 $303,567.00 -$ 658,066.00 $607,134.00 -$ 133,301.00

Total Units built 4 UNITS 4 UNITS

11.7 BUSINESS CASE – LAKES & 4WD VROC AGED PERSONS HOUSING STRATEGY ALLIANCE CLGF (ROYALTIES FOR REGIONS) – REGIONAL COMPONENT


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As demonstrated Wagin will have a potential cash flow problem in 2011/12, 2013/14 and a deficit of $133,301 at the end of Stage 1. Comment This project, if approved comes at a good time as Cottage Homes Inc have had expansion plans for some time and have been fraught with various attempts to finance the project under previous J/V guidelines. The business case demonstrates that over the period 2010/2011 – 2014/2015, should CLGF funding continue in the current vane there will be a cash surplus of $1,003,232 over the complete project. Cottage Homes will be the third party to this project and have committed their own funds towards. Council will need to provide tenure over the land by way of Lease Agreement. Statutory Environment L G Act Policy Implications N/A Financial Implications Will have negative impact Council in-kind contributions amount to land and management. Strategic Implications Regional development – explore diverse and affordable housing options for all age groups. Voting Requirements Simple

1528 Officer’s Recommendation & Council Resolution Moved: Cr. E N Pugh Seconded: Cr. K M Draper That Council endorse the Business Case for the Lakes and 4WD Well-Aged Persons Housing Strategy Regional Alliance 2010 – 2011. Further, that Council authorise the CEO to lease Reserve 48235 – Khedive Street Wagin to the Wagin Cottage Homes Inc for the Purpose of constructing Well Aged accommodation. Carried 7/0


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PROPONENT: WALGA LOCATION: N/A REPORTING OFFICER: Chief Executive Officer Summary To consider proposed amendments to the Local Government Act 1995 and respond accordingly. Background The Hon Minister for Local Government has invited comment from Local Governments on a raft of proposed changes to the Local Government Act and such comment is being processed through WALGA. Comments are required to be made by 7 January 2011. The proposed changes include;

1. Reducing Elected Members 2. Setting of Fees - Elected Members 3. Temporary Suspension of a Council 4. Resignation of Members upon election to Parliament 5. Restrictions on type of Investments 6. Preclude eligibility to run for Council if convicted of certain offenses. 7. Limit CEO of termination payouts

1. Reducing Elected Members to between six and nine

Minister’s Proposal: As part of the reform process, local governments were asked by the Minister for Local Government to consider reducing the number of elected members to between six and nine. The rationale is that a smaller number of elected members will encourage greater competition for positions on Council and contribute to a more strategic decision-making focus by councils. Fifty one local governments have committed to reducing the number to the range requested. Sixty one local governments already have Councillor numbers in this range. It is proposed that section 2.17 of the Act be amended to reduce the number of elected members to between six and nine. Despite the new permitted range, local governments may continue with existing elected member numbers for up to an eight year period from the October 2011 elections. This will be for two full electoral terms. If they have not made the changes by then, the Local Government Advisory Board would take the action as set out in Schedule 2.1, Clause 6.(3) to implement the necessary change for the 2019 elections.

2. Salaries and Allowances Tribunal to set the fees for Elected

Members

Minister’s Proposal:

11.8 PROPOSED AMENDMENTS TO THE LOCAL GOVERNMENT ACT 1995


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Elected Members At present, the head of power for the setting of elected member fees and allowances is provided under the Act and monetary values are prescribed in Regulations. The Governor approves the setting or amending of these fees and allowances on a recommendation by the Minister for Local Government. Elected member meeting fees have only been amended twice since 1996 and, in both cases, in line with changes to the Consumer Price Index. It is proposed that the responsibility for the setting of the dollar values for elected member fees and allowances be transferred to the Salaries and Allowances Tribunal, through amendment to the Act and the Salaries and Allowances Tribunal Act 1975. The approach envisaged would be for the Tribunal to provide its advice to the Minister for Local Government, who will then have the final decision about whether the fees and allowances are adopted. The 2006 Local Government Advisory Board’s report into Structural and Electoral Reform, as well as the 2008 WALGA Sustainability Study, both recommended that the Salaries and Allowances Tribunal be responsible for the setting of elected member fees. Providing for an independent body to set the value of fees and allowances for local government elected members will bring the approach into line with that already in place for State Members of Parliament. In addition, other States have independent tribunals established to set fees and allowances for local government members. The Minister for Local Government will also retain responsibility for the types of fees, allowances and expenses that elected members can be paid or reimbursed and the circumstances in which they are made. Chief Executive Officers (CEOs) At present, the Tribunal has a statutory role in making recommendations as to the remuneration to be paid or provided to local government CEOs. These recommendations are to be taken into account by the local government before entering into, or renewing, a contract of employment with a CEO. It is proposed that the legislation be amended so that local governments are required to ensure the salaries of their CEOs are set within the salary bands recommended by the Tribunal. Similar to that for elected members, the approach envisaged would be for the Tribunal to provide its advice to the Minister for Local Government, who will then have the final decision about whether the salary bands are adopted.

3. New mechanism for the temporary suspension of a Council


The Department delivers both proactive and reactive assistance and support to Councils to aid them in providing good governance to the people of its district. However, on occasion, division and conflict between Council members, and between Council Members and the administrative officers, arises leading to Councils becoming dysfunctional. Section 8.19 of the Act provides for the suspension of a Council, however, this only applies where an Inquiry Panel is appointed by the Minister to inquire and report on a


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local government’s operation or affairs within six months of the suspension. The operation of Inquiry Panels has been found to be effective in dealing with serious and systemic governance issues. However, because the Inquiry process can recommend dismissal of a council, it involves a process that is necessarily exhaustive, and correspondingly time consuming and costly. It is estimated that a Panel Inquiry would cost approximately $1-1.5 million. It is not viewed as being an appropriate mechanism to deal with the type of situations outlined above. Section 8.15(2) of the Act also provides for a council to be suspended in circumstances where the council has not complied with an order made with respect to the recommendations of an Authorised Inquiry that is conducted pursuant to section 8.3 of the Act. Although less costly and time consuming than a Panel Inquiry, an Authorised Inquiry still typically takes between 6 – 12 months from commencement to completion. As a consequence, an Authorised Inquiry does not provide an immediate response to issues that are detrimentally affecting the operation of the local government. It is proposed that Part 8 of the Act be amended to provide an alternative mechanism for the Minister to utilise where the Minister becomes aware of significant issues that he or she believes may lead to a breakdown in the effective decision making process of an elected Council. This mechanism will allow for the suspension of a Council and the appointment of a Commissioner to act on behalf of the Council for a maximum period of six months. Prior to the end of this period, the Minister would decide whether to reinstate the Council or to keep it suspended and establish a Panel Inquiry, as required by section 8.19 of the Act. This new approach is considered to provide a circuit breaker to allow the issues that have arisen to be quickly resolved by the Commissioner and for the Council to be reinstated. The addition of an alternative ‘issue resolution’ process will enable the Minister to choose the most practical ‘suspension’ mechanism for each specific circumstance. Once the Minister becomes aware of a dysfunctional Council, the suspension powers would operate in the following manner. The Minister would request the Department of Local Government to carry out an assessment and provide a report on the issues about a local government that have been brought to his or her attention. Based on this information, the Minister would then decide whether to take any action and, if so, whether the new suspension power would be utilised, or a Panel Inquiry held. If this new suspension power was used, the Council would be issued a ‘notice of intent to suspend’ by the Minister and be given a period of 21 days to respond to this notice. If the Minister chose to carry through with the intention to suspend, a Commissioner would be appointed and the elected members of council temporarily suspended for a period of no more than six months. Elected members would continue to receive their meeting allowance. Prior to the end of the six month suspension, the Minister would either reinstate the Council, or appoint an Inquiry Panel in line with the current section 8.19 of the Act. In summary, Part 8 would require amendment to incorporate the following steps: (a) The Minister issues the Council with a notice of intention to suspend due to

issues arising that the Minister believes may lead to a breakdown in the effective decision making process of an elected Council;


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(b) The Council will have a period of 21 days in which to respond to the Minister’s notice detailing the Minister’s reasons for providing a notice of intention to suspend;

(c) The Minister would give serious consideration to the reasons provided and determine whether the council should be suspended;

(d) If the Minister decides to suspend the Council, he or she has the option of suspending and appointing a Commissioner for a maximum period of six months (new power) or if the identified issues are considered so significant that a Commissioner would not be able to resolve them within six months, to immediately appoint an Inquiry Panel (existing power) to investigate the issues; and

(e) Prior to the end of the six month suspension period, the Minister is to reinstate the Council or appoint a Panel Inquiry.

The Minister is to have the power to require council members to undertake remedial action, such as undergoing training or mediation, during the period of suspension.

4. Require Elected Members to resign when they are elected to State or

Commonwealth Parliament

Minister’s Proposal: The Act provides that if a local government elected member is elected as a Member of Parliament, his or her council position does not become vacant until the next ordinary Election Day. There is no requirement in the Act, or other legislation, for the local government elected member to resign and, as such, a person can be an elected member of a local government Council and the Western Australian Parliament. Section 36(1)(b) of the Constitution Acts Amendment Act 1899 requires a member of the WA Parliament to immediately resign when elected to Commonwealth Parliament. It is proposed to amend the Act to require elected members to immediately resign (or for their position to become automatically vacant) when elected to State or Commonwealth Parliament. This will contribute to appropriate separation of responsibilities and reduce potential conflicts of interest that might arise if representing at a State or Federal and Local level simultaneously. This will also align with the eligibility requirements for nomination or membership into State and Commonwealth Parliament set by the State Electoral Act 1907 and Constitution Acts Amendment Act 1899. In 2008, WALGA requested the Minister consider an amendment of this type. 5 Restricting the types of local government investments to low risk

products such as those with the WA Treasury Corporation, major banks and government bonds.



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The investment options available to local governments were altered in 1997 when the prescribed list of investments in the Trustees Act 1962 was removed and replaced by the ‘Prudent Person’ rule. This rule is no longer viewed as providing sufficient clarity and guidance in relation to local government investment management policies. In 2007, it was revealed that eight local governments and two regional local governments had invested in Collateralised Debt Obligations with Lehman Brothers (formerly Grange Securities). This has resulted in multi-million dollar losses by the affected local governments and concerns have been raised in the community about the performance of local governments in this area. It is proposed to amend the Act to allow for regulations to prescribe the investments that can be made by local government. This will include Government guaranteed and other low risk investments. A requirement for local governments to only invest in these types of products is expected to minimise the investment exposure of local governments and the loss of ratepayer funds. At this stage, the following forms of investment are being considered to be included in this regulation: 1. a deposit with the Western Australian Treasury Corporation or an investment

facility of the Western Australian Treasury Corporation; 2. any public funds or securities issued by, or guaranteed by, the

Commonwealth, any State of the Commonwealth or a Territory; and 3. interest bearing deposits with, and/or debentures or bonds issued by, an

authorised deposit-taking institution (as defined in the Banking Act 1959 (Cwth)) where the Institution has a Standard & Poor’s Rating of A-1+ (short-term) or AA (long term, but excluding subordinated obligations).

Further discussion is proposed to take place between the Department of Local Government, local governments and the WA Treasury Corporation to develop this regulation. Author’s Comment: The intention to prescribe the type of investments should be supported.

6 Align criminal conviction criteria for Elected Members with that of

Western Australian Members of Parliament

Minister’s Proposal: It is proposed to amend the Act to preclude a person who has been convicted of an offence with a statutory penalty of imprisonment for five years or more from standing for election to local government. This will align the eligibility requirements for local government candidates with those that apply to State Members of Parliament. This requirement will have a positive impact on the calibre of those standing and ultimately representing the community on Council. These provisions need to be modelled on section 32(1)(b) of the Constitution Acts Amendment Act 1899 whereby a person is disqualified where he or she has been


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convicted on indictment of an offence for which the indictable penalty was or included (i) imprisonment for life, or (ii) imprisonment for more than five years. Serving elected members with such records will be able to serve out their terms, however, would not be eligible for re-election once the legislation was amended. 7. To limit employee termination payments to one year’s salary Minister’s Proposal: Recent consideration of the current provisions in the Act indicates that it is possible for employees of local governments, including CEOs, to receive up to two years’ salary on redundancy. This situation has arisen out of an anomaly in the Act not intended when the Act was developed. It is proposed that an amendment to regulations to limit payouts to all such employees to a maximum of one year’s salary will bring local government provisions into line with Western Australian State and Commonwealth public sector arrangements and would be consistent with organisational practice in other jurisdictions. This proposal will not effect the two year guarantee of employment as provided for in Clause 11 (4) of Schedule 2.1 of the Act. Comment

1. Reducing Elected Members to between six and nine

WALGA Comment:

The Association has expressed to the Minister on a number of occasions, the

continual opposition of this recommendation by the Local Government sector, most

recently with the State Council resolving on 12 October 2010:

“That WALGA;

Oppose the Local Government Reform Steering Committee Report recommendation

8 concerning prescribing the number of Elected members to between 6 and 9”.

The reduction in the numbers to this extent would require Elected Members in large

metropolitan Councils to become full time Councillors. A significant number of Local

Governments have provided the Association with reasoned arguments explaining the

detrimental nature of this one size fits all approach.

It has been suggested the Minister engage the Department of Local Government in

researching the benefits of this proposal in greater detail, and provide to the sector

similarly reasoned arguments in support of this proposal.


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Author’s Comment: It would seem that the Ministers intent if at odds with Local Government and Council should support WALGA’s recommendation.

2. Salaries and Allowances Tribunal to set the fees for Elected

Members

WALGA Comment:

Elected Members – It is pleasing to note that the setting of remuneration levels for

Elected Members by the Salaries and Allowances Tribunal has not been linked to the

State Government‟s plan to reduce elected members.

The Association has advocated on this issue since 2004 and reaffirmed this advocacy when State Council considered this matter in light of the 2006 Local Government Advisory Board (LGAB) Report on Structural Reform, subsequently resolving:

That recommendation 1.35 of the Local Government Advisory Board report be supported and that the State Government be requested to amend the Local Government Act 1995 accordingly to achieve the following outcome:

“That the Western Australian Salaries and Allowances Tribunal be given the responsibility for establishing the range of fees and allowances for elected members, with each Local Government having the ability to set a fee within this range. The Tribunal also be required to update the fees and allowances on an annual basis.”

(a) That the State Government be requested to amend the Local Government Act accordingly;

(b) In the event the Local Government Act 1995 is amended as per the Association‟s advocacy:

i. that the question of the quantum and extent of Councillor Fees and Allowances be sought from other states with a view of presenting this to the Western Australian Salaries and Allowances Tribunal to support any Association submission on this subject; and

ii. that targeted research be undertaken on Councillor responsibilities, level of control and work values, so that these can be extrapolated as industry averages and provided to the Tribunal in further support of any Association submission.

Chief Executive Officers (CEOs) – This is a recent addition by the Minister to the

Local Government Act amendment proposals and did not feature in the Local

Government Reform Steering Committee Report recommendations. WALGA takes a

view that Local Governments should retain the general competence power to

determine appropriate remuneration levels for their key executive.

Author’s Comment:

WALGA’s recommendation is consistent with Councils stand and allows autonomy by Councils to determine their own fee levels.


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3. New mechanism for the temporary suspension of a Council

WALGA Comment:

The proposed amendment appears to have it‟s origin in situations the Minister and

his Department have encountered, where there was insufficient reason to conduct a

Panel Inquiry yet the operations of a Council were affected by internal conflicts that

could potential escalate. From this perspective, WALGA appreciates there may the

need for extraordinary powers to immediately provide to a community, a cost-

effective remedy that will lead to the resumption of good governance.

WALGA‟s policy position on this issue was considered in 2008 where there was support for a mechanism to suspend individual Elected Members rather than an entire Council.

Author’s Comment:

Council should support WALGA’s policy decision.

4. Require Elected Members to resign when they are elected to State or

Commonwealth Parliament

WALGA Comment:

The proposal aligns with a State Council resolution of August 2007 –

That the Minister for Local Government be requested to consider amending the Local Government Act 1995 to require Elected Members to resign from Council immediately upon being declared elected to State or Federal Parliament.

Author’s Comment:

Council should support this resolution that requires members to resign from Council upon being elected to Parliament.

5 Restricting the types of local government investments to low risk products such as those with the WA Treasury Corporation, major banks and government bonds.

WALGA Comment:

There remains subjectivity in the definition of the term „low risk‟ in the context of this proposal. The WA Local Government Association supports the sector‟s right to retain the principle of general competency powers as provided under the Local Government Act 1995, and that Local Governments be allowed to continue to decide for themselves how best to deal with investment opportunities.

Author’s Comment:

Council supports the principal of prescribing the investments that can be made by Local Governments.


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6 Align criminal conviction criteria for Elected Members with that of

Western Australian Members of Parliament

WALGA Comment:

This proposal is consistent with the Associations policy position.

It is suggested that for true alignment of criteria, the proposal take a holistic approach incorporating all aspects of Candidates/Elected Member qualification and disqualification rather than one aspect of disqualification, namely criminal convictions.

One option would be for this proposal to be broadened to “Align the qualification and disqualification criteria for Local Government election candidates and Elected Members with that of Western Australian Members of State Parliament”.

Author’s Comment:

Council should support WALGA’s policy position.

7. To limit employee termination payments to one year’s salary

WALGA Comment:

There is no current Association policy position on this proposal.

Author’s Comment:

Council should support the proposal to restrict a Chief Executive’s payout on redundancy to one (1) year’s salary.

Statutory Environment Local Government Act 1995

Policy Implications N/A

Financial Implications N/A

Strategic Implications N/A

Voting Requirements Simple Majority


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1529 Officer’s Recommendation & Council Resolution

Moved: Cr. G R Ball Seconded: Cr. J P Reed

That Council endorses the following recommendations;

1. Oppose the Local Government Reform Steering Committee Report

recommendation 8 concerning prescribing the number of Elected members to

between 6 and 9.

2. That recommendation 1.35 of the Local Government Advisory Board report be supported and that the State Government be requested to amend the Local Government Act 1995 accordingly to achieve the following outcome:

“That the Western Australian Salaries and Allowances Tribunal be given the responsibility for establishing the range of fees and allowances for elected members, with each Local Government having the ability to set a fee within this range. The Tribunal also be required to update the fees and allowances on an annual basis.”

(a) That the State Government be requested to amend the Local Government Act accordingly;

(b) In the event the Local Government Act 1995 is amended as per the Association‟s advocacy:

i. that the question of the quantum and extent of Councillor Fees and Allowances be sought from other states with a view of presenting this to the Western Australian Salaries and Allowances Tribunal to support any Association submission on this subject; and

ii. that targeted research be undertaken on Councillor responsibilities, level of control and work values, so that these can be extrapolated as industry averages and provided to the Tribunal in further support of any Association submission.

(c) Chief Executive Officers (CEOs) – Local Governments should retain the

general competence power to determine appropriate remuneration levels

for their key executive.

3. Council support WALGA‟s policy that allows a mechanism to suspend individual

elected members rather than an entire council.

4. That the Minister for Local Government be requested to consider amending the

Local Government Act 1995 to require Elected Members to resign from Council

immediately upon being declared elected to State or Federal Parliament.

5. Council supports the principal of prescribing the investments that can be made by

Local Governments.

6. Council supports WALGA‟s policy position which in turn supports the proposed

Act amendment aligning criminal conviction criteria for elected members with that

of member of Parliament.

7. Council supports the proposal to restrict a Chief Executive Officers termination payout to one (1) year‟s salary.

Carried 7/0


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PROPONENT: Manager of Community and Regulatory Services LOCATION: Shire of Wagin REPORTING OFFICER: Manager of Community and Regulatory Services Summary It was determined by the Executive Management Team that the Shire needed a Grievance Policy and Procedures Guideline so as to improve the management of grievances as and when they occur. This policy will form part of the Shires human resource management system. Background Such a policy is essential to improve quality human resource management for the Shire. To date these matters have been managed on an ad hoc basis. To have such a policy and procedural guideline in place will ensure that fairness and equity will be practised when dealing with such matters. Grievance Policy This new Shire policy has been developed using the parameters of similar policies across the Public Service. Due to the size of the Shire it has been modified to best suit our staffing structure. It is recommended that once the policy is approved then two Grievance Officers be nominated and receive the necessary training. One of these Officers needs to be the CEO and the other a member of the Management Team. Should a grievance be lodged against the CEO then an external mediator will be engaged from the LGIS HR Risk Management Counselling Service. Comment This policy will be reviewed every five years or as required. Statutory Environment Public Sector Management Act 1994 Equal Opportunity Act 1984 WA Public Sector Standards in Human Resource Management WA Public Sector Code of Ethics Policy Implications New Policy Financial Implications Nil Strategic Implications N/A Voting Requirements Absolute Majority

11.9 NEW GRIEVANCE POLICY AND PROCEDURES


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1530 Officers Recommendation & Council Resolution

Moved: Cr. J P Reed Seconded: Cr. G R Ball

That Council adopted the following policy;

Grievance Policy

Administration10. Grievance Policy

Manager: Manager Community and Regulatory Services Category: Regulatory Services Policy Owner: Regulatory Services Implementation: Adopted 21 December 2010 Next Reviewed: Replaces: New Policy

Objectives

The Shire of Wagin must effectively manage employee grievances, to ensure that it establishes and maintains a harmonious, secure and productive workplace. In doing so, it must comply with relevant Government legislation and guidelines that govern the conduct of employees in the workplace.

The purpose of this policy is to provide a framework that ensures appropriate processes are undertaken by the Shire of Wagin to investigate all reported grievances and comply with the Standard as specified in the Public Sector Standards in Human Resource Management.

This policy applies to all employees of the Shire of Wagin.

Policy Statement

Policy This policy relates to the process used by the Shire of Wagin to manage an employee‟s grievance.

A grievance is an issue raised by an employee that concerns another person or persons or an action or inaction that has negatively effected their employment. It is a matter that affects the complainant for which they are seeking a resolution.

When a grievance is brought to the attention of the Shire of Wagin, a genuine attempt will be made to resolve or redress it. The grievance process will be managed in a manner that is fair and will take into consideration the material facts and circumstances that prevailed at the time of the grievance.

All grievance processes and decisions will be undertaken in a manner that is fair and equitable and complies with the Grievance Resolution Standard. Processes and will be subject to the provisions of the Public Sector Management (Breaches of Public Sector Standards) Regulations 2005.

The procedures and methodologies for undertaking grievance processes are outlined in the Shire of Wagin‟s Grievance Management Procedures. Authority This policy is issued by the Chief Executive Officer upon endorsement by Council.

References This policy operates in accordance with the following legislation framework:


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Policy

Legislation

Available at:

Public Sector Management Act 1994 www.slp.wa.gov.au

WA Public Sector Standards in Human Resource Management

http://intranet/hr/employee_services.htm

Equal Opportunity Act 1984 www.slp.wa.gov.au

WA Public Sector Code of Ethics http://intranet/hr/employee_services.htm

Approval

The Council endorsed this policy in December 2010.

_____________________ ___________________

Chief Executive Officer Date Review Responsibility: Manager of Corporate and Regulatory Services

Carried by an Absolute Majority

http://www.slp.wa.gov.au/





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Appendix A

Grievance Management Checklist

The grievance management checklist contains some of the key actions associated with managing an employee grievance. The checklist is applicable throughout all stages of the grievance resolution process and should be regularly referred to including prior to commencement, during and the completion of the grievance resolution process.

Documentation Good documentation of the grievance issue is central to the grievance resolution process to provide a comprehensive historical perspective of the complaint and how it was dealt with, should the matter be subject to further review or litigation.

Describe how information will be kept confidential and how long it will be stored in accordance with the Shire‟s record keeping plan.

Provide clear guidance on the extent of the documentation that will be recorded in the process.

How the parties were informed of their rights and responsibilities?

How issues were identified and examined?

Pathways used to resolve issues i.e. what issues were referred to and resolved under other processes, such as an industrial process?

Key actions undertaken during the process, including discussions with parties.

Decisions made as part of the process.

The basis on which the final decision is made.

The parties have been informed of their rights and responsibilities in the grievance resolution process.

Both the parties (complainant and respondent) have been provided with copies of the Shire‟s grievance policy and procedure.

The parties have been advised that they may request the presence of a support person for any meetings.

The parties have had the opportunity to have the Shire‟s policy and procedures explained to them by a Grievance Officer.

The parties have had an opportunity to ask questions and clarify any issues relevant to the grievance with a Grievance Officer.

The Grievance Officer has clarified the grievance issues with the person who made the grievance.

Where the grievance relates to the alleged actions/behaviour of an individual or individuals, those people have been informed of the full details of the grievance and given an opportunity to respond.

The Shire informed the parties of the timeline it intends to follow to keep the parties informed of their rights and responsibilities.

Delays in the process have been/will be explained to the parties.

The Shire has recorded and retained documentation in the appropriate confidential file.

The Shire has informed the parties of the actions being undertaken to address the issues raised in the grievance.

Further action required by the parties has been/will be identified and conveyed to the parties.


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Strategies are in place to ensure appropriate confidentiality will be maintained.

The process is based on a proper consideration of the facts and circumstances prevailing at the time of the grievance.

The grievance issues have been clarified with the person who lodged the grievance and ideally agreement reached in the issues to be covered.

If using external consultants ensure they have copies of all relevant documents, including the Shire‟s policies and procedures, the grievance resolution standard and the scope of the grievance under consideration.

The Shire‟s has considered and identified if a grievance could be linked to a suspected breach of discipline prior to commencing a review of the prevailing facts and circumstances of a grievance.

If a suspected breach of discipline has been identified by the Shire the two processes of grievance and discipline have been kept separate.

The Shire‟s Grievance Officer records main issues raised in the employee grievance management processes.

All the grievance issues have been documented. For example, in memorandums, letters to the parties the final report.

The person who conducts the consideration of the facts and circumstance is:

Impartial.

Is not a party to the grievance.

Does not have a conflict of interest with any of the parties.

The decision takes into account all of the facts and circumstances, i.e. covers all issues raised.

The Shire has communicated to the parties the independent process for considering all the issues raised in the grievance.

Prior to making any conclusions, findings or recommended actions the Shire has given the parties the opportunity to comment on the process for identifying and considering all of the issues raised in the grievance and the opportunity to respond to the conclusion, findings and recommended actions.

Decisions are impartial, transparent and capable of review.

The investigation report has been quality checked to ensure that all areas of the grievance have been properly considered and addressed before a final decision is made.

The person who makes the decision on behalf of the agency is:

Impartial.

Is not a party to the grievance.

Does not have a conflict of interest with any of the parties.

The process used to address the grievance has been adequately documented and it:

Clearly and concisely describes the grounds upon which the final decision was made.

The investigation report has been quality checked to ensure that all areas of the grievance have been properly considered and addressed.

The Shire has provided enough information to the parties to enable them to understand how the decision was made.

The parties have been notified in writing of their right to lodge a breach of standard claim against the Grievance Resolution Standard, once a final decision has been made and the grievance process is complete.


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Additional considerations

The importance of maintaining confidentiality and the implications of not doing so has been conveyed to the parties.

The parties have been provided with the opportunity and support to resolve the employee grievance informally, prior to escalating the issue to a formal grievance.

Mediation and/or conciliation have been considered as a means of resolving the workplace issue.

If using external consultants to mediate/conciliate/investigate a grievance, their experience and approach to grievance management has been checked to ensure they are consistent with the Shire of Wagin‟s philosophy and approach.

Grievance Officers and/or staff dealing with grievances are able to provide information to the parties about alternative avenues to raise issues (e.g. industrial Relations Commission, Equal Opportunity Commission, Corruption and Crime Commission and Public Interest Disclosures).


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Appendix B

GRIEVANCE MANAGEMENT PROCEDURE

1. Definitions

Grievance

A grievance is an issue raised by an employee that concerns another person or persons or an action or inaction that has negatively affected their employment or wellbeing. It is a matter that affects the complainant for which they are seeking resolution.

An issue raised could be any real or perceived ground for complaint including perceived bullying; racial or sexual harassment; discrimination on the grounds of disability, race, religious belief, political viewpoint, sex, marital status or pregnancy, sexual orientation, gender identity, age ; or any other unfair or improper treatment. Procedural Fairness

Procedural fairness is concerned with the procedures used by a decision maker, rather than the actual outcome reached. Procedural fairness requires a fair and proper procedure to be used in making the decision. The requirements of procedural fairness include opportunity to be heard, absence of bias and expeditious handling of complaints.

Mediation

Mediation is a process of negotiation which aims to resolve conflicts or complaints through the use of a third party that will bring the parties to the grievance together, and assist them to reach an agreement.

Conciliation

Conciliation is a process whereby a third party negotiates with each party individually to facilitate an acceptable outcome.

1. Informal Procedures 1. The complainant should first consider addressing the issue with the person(s)

considered responsible with the aim to resolve or redress the matter at that level, before informing the Shire of Wagin about a grievance. A line manager may assist with this process.

2. If the matter is unable to be resolved at that level, then an informal grievance may be

lodged with the Shire of Wagin Grievance Officer. The Grievance Officer will document the grievance and/or support the complainant to do so, including the process of resolution thus far undertaken.

3. Collaboratively, a course of action to resolve the matter may be developed. Usually a conciliatory approach will be applied where information is taken between the relevant parties until a reasonable resolution can be agreed. Depending upon the circumstances, mediation may be the preferred option in order to reach a resolution.


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4. Formal Procedures 1. If the more informal approach is deemed inappropriate or has proven unsuccessful, a

formal grievance management process may be enacted. A formal grievance requires the matter to be reported to the Grievance Officer. If it is not reported in written form, the Grievance Officer will be required to make a record of the grievance and have the complainant agree and sign the document, before the matter can proceed further.

2. The respondent(s) will be provided with the written grievance and will be required to

respond to the matter to the Grievance Officer. The Grievance Officer responsible for the process will consider the matter and conduct an appropriate investigation to determine the material facts and circumstances of the matter. A report, including findings and conclusions will be provided to the Chief Executive Officer, who will review the findings, conclusions and recommendations contained in the report.

Note: An employee involved in a grievance management process shall have the right to a support person at any stage of that process. This includes the complainant, respondent(s) and witnesses. A support person could be, but is not limited to, an employee association representative, colleague or friend. 3. At the conclusion of a formal grievance management process, parties will be advised

about any decisions/outcomes relevant to them and informed of their right to appeal within the framework of the Public Sector Standards.

4. Confidentiality At all times the highest confidentiality must be maintained in resolving a grievance or dispute. Any documentation concerning the grievance or dispute shall be held on a “Grievance/Dispute Resolution" confidential file maintained by the Chief Executive Officer. 5. Retention and Disposal of Documentation Records of grievances lodged by employees, including those related to discrimination and harassment will be retained for 7 years after action completed. 6. Roles & Responsibilities Complainant Complainants are effectively the person who bears the grievance. Complainants are responsible for:

Ensuring they are aware of the Grievance Management Policy and Procedures.

Using this procedure with probity. Grievances, which are found to be knowingly vexatious, frivolous or malicious, may be subject to disciplinary action.

Seeking to resolve the grievance informally in the first instance.

Making the Shire of Wagin clearly aware of their grievance and providing sufficient information to enable assessment if the matter cannot be resolved informally.

Maintaining appropriate confidentiality throughout the grievance management process.


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Grievance Officer

A suitably trained and appointed staff member whose role is to provide information and support to either the complainant or the respondent in a grievance.

The Grievance Officer is responsible for:

Providing support and advice to a person or persons who have identified an issue of concern in the workplace.

Ensuring that the complainant is aware of the Grievance Management Policy and Procedures.

Providing support to line managers.

If required, acting as a support person for a complainant or a respondent, if the matter progresses through the grievance process.

Handling informal grievances sensitively and confidentially, ensuring standards of fairness, objectivity and consistency in treatment of all staff in all cases.

Recording appropriate and relevant information.

Facilitating a resolution to a grievance where possible.

Conciliation and / or mediation to achieve a resolution of an informal grievance.

Providing support to line managers.

Handling informal grievances sensitively and confidentially, ensuring standards of fairness, objectivity and consistency in treatment of all staff in all cases.

Recording appropriate and relevant information. Respondent

The person who the complainant cites as the person responsible for their grievance. The Respondent is responsible for:

Ensuring that they involve themselves in the process in a timely and appropriate manner.

Maintaining appropriate confidentiality throughout the process.

Support Person

A person of the Complainant or Respondent‟s choice that they have asked to provide support throughout the process. The Support Person is responsible for:

At request, providing support to either the Complainant or Respondent throughout the grievance process.

The support person may assist by taking notes and by discussing the issues with the employee outside of the meetings.

The support person cannot advocate on behalf of the employee, or offer their views or opinions during any mediation meetings.

Maintaining appropriate confidentiality throughout the process. Witnesses to matters raised in a grievance

A person that has witnessed matters raised in the grievance process.

If required, participating in the investigation process conducted by or on behalf of the Shire of Wagin.

Maintaining appropriate confidentiality throughout the process.


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Chief Executive Officer

Reviewing the findings, conclusions and recommendations of a formal grievance presented by the Grievance Officer.

Maintaining appropriate confidentiality throughout the process. References The Grievance Management Procedures have been aligned with the following legislation framework:

Available at:

Public Sector Management Act 1994

www.slp.wa.gov.au

WA Public Sector Standards in Human Resource Management

Public Sector Standards in Human Resource Management.

Equal Opportunity Act 1984 www.slp.wa.gov.au

WA Public Sector Code of Ethics Code of Ethics (PDF)

Approval The Chief Executive Officer endorsed this procedure in December 2010. _______________________ _______________________ Chief Executive Officer Date


http://www.opssc.wa.gov.au/Public_Sector_Standards_(HRM)/

http://www.opssc.wa.gov.au/Public_Sector_Standards_(HRM)/


http://www.opssc.wa.gov.au/Documents/Official_Conduct/Code_of_Ethics_08.pdf


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PROPONENT: Staff LOCATION: Shire of Wagin REPORTING OFFICER: Manager of Finance and Corporate Services Summary The purpose of this report is for Council to appoint an authorised person to carry out inspections of private swimming pools in the Shire of Wagin. Background The Local Government (Miscellaneous Provisions) Act 1960, section 245A requires that private swimming pools be inspected every four years. A person who is required to oversee or carry out the inspection function must be authorised by the local government. Comment Council‟s Environmental Health Officer is currently authorised to carry out private swimming pool inspections, however as he only works part time for the shire it has been difficult for him do both the health and building tasks for the shire and then also to find time to complete the pool inspections. Council has been using the services of Richard White to assist and complete different tasks for the shire on a casual basis. Richard has agreed to assist with the swimming pool inspection process under the guidance of Steve Friend. It is required that Mr Richard White be endorsed as an authorised person in regard to private swimming pool inspection. Statutory Environment The Local Government (Miscellaneous Provisions) Act 1960, section 245A Policy Implications Nil Financial Implications There is a provision for inspection of private swimming pools in the 2010 / 2011 Budget. Strategic Implications: Nil Voting Requirements Simple Majority

11.10 PRIVATE SWIMMING POOL INSPECTIONS – AUTHORISED OFFICER


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PROPONENT: Shire of Wagin LOCATION: REPORTING OFFICER: Manager of Finance and Corporate Services ATTACHMENT: Under Separate Cover Summary To formally adopt the Forward Capital Works Plan (FCWP). Background As a prerequisite to accessing any future Royalties for Regions (R4R) funding through the Country Local Government Fund all country local governments received $35,000 towards the preparation of a forward capital works plan that relates to current or developing strategic and asset management plans. Council engaged consultants Morrison Low to prepare its forward capital works plan as well as an asset management plan and a long term financial plan. Comment Management and staff have been working with the consultants over the past four months to enable the plans to be developed. The plans have been developed to take into account Councils Strategic Plan that was adopted in October. Council was presented with the first draft of the FCWP at the November Council meeting and changes that were identified at that meeting have been implemented. The long term financial plan and asset management plan are being finalised and will be ready for adoption early next year. It is not a requirement to send these plans to the Department of Regional Development to access R4R, however theses plans are essential in enabling Council look at their financial requirements in the future particularly with asset maintenance and capital projects. Statutory Environment Local Government Act 1995. Policy Implications Nil

11.11 ADOPTION OF FORWARD CAPITAL WORKS PLAN

1531 Officer’s Recommendation & Council Resolution Moved: Cr. K M Draper Seconded: Cr. J L C Ballantyne That Council, in accordance with the Local Government (Miscellaneous Provision) Act 1960, section 245A, endorse Mr Richard White as an authorised person for inspection of private swimming pools in the Shire of Wagin. Carried 7/0


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Financial Implications The adoption of this plan will enable Council to access current and future Royalties for Regions funding. Strategic Implications The Forward Capital Works Plan was developed from Councils Strategic Plan. Voting Requirements Absolute Majority

LOCATION: Shire of Wagin REPORTING OFFICER: Manager of Finance and Corporate Services Summary A Statement of Financial Activity is attached for Council to adopt. Background The Local Government (Financial Management) Regulations 1996 requires that Council is to be presented with a Statement of Financial Activity each month. Comment A copy of Statement of Financial Activity has been compiled for the financial period ending 30th November for Council to peruse and adopt. Statutory Environment Local Government (Financial Management) Regulations Policy Implications Nil Financial Implications Nil Strategic Implications Nil

11.12 STATEMENT OF FINANCIAL ACTIVITY – NOVEMBER 2010

1532 Officer’s Recommendation & Council Resolution Moved: Cr. E N Pugh Seconded: Cr. G R Ball That Council adopt the Forward Capital Works Plan for the Shire of Wagin for the period 2010/11 – 2014/15 and forward it to the Department of Regional Development and Lands. Carried by an Absolute Majority


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Voting Requirements Simple Majority

1533 Officer’s Recommendation & Council Resolution Moved: Cr. G R Ball Seconded: Cr. E N Pugh That Council adopts the Statement of Financial Activity for the financial period ending 30th November 2010. Carried 7/0


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LOCATION: Shire of Wagin REPORTING OFFICER: Manager of Finance and Corporate Services Summary A Statement of account and other payments is enclosed for Council to adopt. Background The Local Government (Financial Management) Regulations 1996 requires that Council is to be presented with a Statement of payments each month. Comment A copy of the Statement of Payments has been compiled for the month of November 2010 for Council to peruse and adopt. Statutory Environment Local Government (Financial Management) Regulations 1996 Policy Implications Nil Financial Implications Nil Strategic Implications Nil Voting Requirements Simple Majority

1534 Officer’s Recommendation & Council Resolution Moved: Cr. E N Pugh Seconded: Cr. J P Reed That Council adopts the Statement of Payments for the month of November 2010 showing the following payment totals - Municipal cheque payments totalling $ 15,627.07 Municipal electronic payments totalling $ 460,199.13 Trust cheque payments totalling $ 1,146.00 Carried 7/0

11.13 STATEMENT OF PAYMENTS – NOVEMBER 2010


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12. ANNOUNCEMENT OF PRESIDENT AND COUNCILLORS

Shire President Cr P Blight reported that he had attended the following events; 25/11/2010 Landcorp 10 - 11.30am Regional Waste Management 2 – 4.30pm MWAC visit 5.00pm 9/12/2010 Opening of Waratah Extension 17/12/2010 Farm Water – Tambellup – Water Dept

13. ELECTED MEMBERS/MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

14. URGENT BUSINESS INTRODUCED BY DECISIONS OF THE MEETING

Bowling Club Letter

15. CONFIDENTIAL BUSINESS AS PER LOCAL GOVERNMENT ACT s5.23(2)

(1) Under the Local Government Act 1995, Part 5, and Section 5.23, states in part: (2) If a meeting is being held by Council or by a committee referred to in subsection

(1)(b), the Council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following: (a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered in to, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting: (d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; (e) a matter that if disclosed, would reveal:

(i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or

financial affairs of a person; Where the trade secret or information is held by, or is about, a person other than the local government.

(f) a matter that if disclosed, could be reasonably expected to:

1535 Council Resolution Moved: Cr E N Pugh Seconded: Cr L J C Ballantyne That Council endorsed the Chief Executive Officer to erect a banner in recognition of the Wagin Bowling Clubs achievement on winning the Jim Murray Award. Carried 7/0


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(i) impair the effectiveness of any lawful method or procedure for preventing, defecting, investigating or dealing with any contravention or possible contravention of the law;

(ii) endanger the security of the local government’s property; or (iii) prejudice the maintenance or enforcement of any lawful

measure for protecting public safety; (g) information which is the subject of a direction given under section 23(1a) of the

Parliamentary Commissioner Act 1981;and (h) such other matters as may be prescribed.

15.1 LEGAL FEES JOHN HUNTER vs SHIRE OF WAGIN

1538 Council Decision Moved: Cr. J L C Ballantyne Seconded: Cr. K M Draper

That Council opened the meeting to the public at pursuant to sub section 5.23 (a) and (d) of the Local Government Act 1995. Carried 7/0

1537 Council Decision Moved: Cr. G R Ball Seconded: Cr. J L C Ballantyne

That Council advise Jackson McDonald not to take any further action. Carried 7/0

1536 Council Decision Moved: Cr. K M Draper Seconded: Cr. J L C Ballantyne

That Council close the meeting to the public at pursuant to sub section 5.23 (a) and (d) of the Local Government Act 1995. Carried 7/0


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16. CLOSURE

The meeting closed at 8.50pm.

These Minutes were confirmed at a meeting held on ___________________________ Signed ______________________________ Presiding Member at the meeting at which the Minutes were confirmed. Dated _______________________________