Minutes of the Ordinary Meeting of the Shire of Mullewa Held in the Council Chambers On

shire of mullewa / ordinary meeting of council
20 august 2003

I N D E X

0803.01  DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS: 3

0803.02  RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE: 3

0803.03  RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE: 3

0803.04  PUBLIC QUESTION TIME: 3

0803.05  MULLEWA SKATE PARK – OPENING OF 4

0803.06  DOGS – SAFETY CONCERNS OF 4

0803.07  MULLEWA SKATE PARK – DRINKING FOUNTAINS 4

0803.08  BUSINESS ARISING FROM THE MINUTES: 4

0803.09  MINUTE NO. 0703.32: MIDWEST DEVELOPMENT COMMISSION BOARD – VACANCY 4

0803.10  MINUTE NO. 0703.40: RECREATION CENTRE – DEVELOPMENT OF 5

0803.11  CONFIRMATION OF MINUTES OF PREVIOUS MEETING: 5

0803.12  ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION: 5

0803.13  PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS: 5

0803.14  REPORTS OF COMMITTEES: 5

0803.15  MULLEWA YOUTH SERVICES: 5

0803.16  YOUTH DEVELOPMENT OFFICER’S REPORT 5

0803.17  HEALTH, BUILDING AND TOWN PLANNING: 6

0803.18  BUILDING APPLICATIONS 6

0803.19  REGIONAL HEATH STRATEGY ADVISORY GROUP – MEMBERSHIP OF 6

0803.20  NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: 6

0803.21  PIGGERY – LOT 107 DAVIS ROAD MULLEWA 6

0803.22  WORKS, PLANT, PARKS AND GARDENS: 6

0803.23  PLANT REPORT 6

0803.24  MULLEWA YOUTH PRECINCT – DEVELOPMENT OF 6

0803.25  KEMBLA ZOO – CONDITION OF 7

0803.26  DISPOSAL OF LAND – OFFER TO COUNCIL 7

0803.27  MURCHISON LAND CONSERVATION DISTRICT – NOMINATION FOR REAPPOINTMENT 7

0803.28  ENTERPRISE BARGAINING AGREEMENT – ESTABLISHMENT OF 8

0803.29  FINANCE AND GENERAL PURPOSE: 8

0803.30  PRINCIPAL ACTIVITIES PLAN – ADOPTION OF 8

0803.31  MINING AT TALLERING PEAK – VARIOUS 8

0803.32  FINANCE REPORT 31 JULY 2003 8

0803.33  RESOURCE SHARING OPPORTUNITIES – PARTICIPATION IN 9

0803.34  REPTILES AND AMPHIBIANS – PERMISSION TO TAKE 9

0803.35  CHIEF EXECUTIVE OFFICER’S REPORT: 9

0803.36  MUNICIPAL SEAL – DELEGATED AUTHORITY TO AFFIX 10

0803.37  TABLED CORRESPONDENCE: 10

0803.38  COMPLIMENTS ON CLEARING ON NANGETTY-WALKAWAY ROAD 10

0803.39  LEAVE OF ABSENCE – APPROVAL OF 10

0803.40  CSRFF SUBMISSION – CHRISTIAN BROTHERS AGRICULTURAL SCHOOL 10

0803.41  WOOL WAGON PATHWAYS – SUPPORT OF 11

0803.42  NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: 11

0803.43  ACCOUNTS FOR PAYMENT AND SPECIAL PAYMENTS 11

0803.44  ACCOUNTS FOR PAYMENT AND SPECIAL PAYMENTS 11

0803.45  GENERAL BUSINESS: 12

0803.46  MULLEWA SPORTS CLUB INCORPORATED – ANNUAL GENERAL MEETING OF 12

0803.47  MEETING RECONVENED: 12

0803.48  WORKS SUPERVISOR’S REPORT 12

0803.49  PARKS AND GARDENS REPORT 13

0803.50  GENERAL BUSINESS: 13

0803.51  STREET BINS – EMPTYING OF 13

0803.52  TOWN STREETS – DEBRIS ON 13

0803.53  DUMPSTER – RELOCATION OF 13

0803.54  EXCEPTIONAL CIRCUMSTANCES FUNDING – APPROVAL OF 13

0803.55  MULLEWA SPORTS CLUB INCORPORATED INTERIM COMMITTEE – APPRECIATION OF 13

0803.56  CRIME LEVELS – CONCERN OF 14

0803.57  2003/2004 MUNICIPAL BUDGET – ADOPTION OF 14

0803.58  CLOSURE OF MEETING: 17

MINUTES OF THE ORDINARY MEETING OF THE SHIRE OF MULLEWA HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY 20 AUGUST 2003.

0803.01  DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS:

1:05pm: The President declared the meeting open.

0803.02  RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE:

PRESENT:

Councillor A J Messina – President (West Ward)

Councillor M R Doherty – Deputy President (North Ward)

Councillor M W Steele (South Ward)

Councillor L A Panting (Central Ward)

Councillor L M Newman (East Ward) [in at 1:12pm]

Councillor J B Thurkle (Central Ward)

Councillor L J Wainwright (Central Ward) [in at 1:40pm]

Councillor N D Johnstone (South Ward)

OFFICERS:

Mr G S Wilks – Chief Executive Officer

Mr M F Bowen – Manager Corporate Services

APOLOGIES:

Councillor F W Newman (South West Ward)

Councillor B I N Thomas (East Ward)

LEAVE OF ABSENCE:

Councillor P T Freeman (Central Ward)

VISITORS:

Mr Jamie Mawer, Teacher - Mullewa District High School; Cameron Jenkin, Student and Averyl Thomas, Student.

0803.03  RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE:

Nil.

0803.04  PUBLIC QUESTION TIME:

The President opened the meeting for public questions. The following questions were received:

0803.05  MULLEWA SKATE PARK – OPENING OF

Averyl Thomas asked Council when the Skate Park is expected to be completed.

The Chief Executive Officer advised her that the pad will be down in two weeks, and that the jump modules are also expected to arrive some time during the next two weeks.

0803.06  DOGS – SAFETY CONCERNS OF

Cameron Jenkin expressed concerns about dogs chasing students and asked if measures were being taken to control the dogs in town.

The Chief Executive Officer explained that Council’s Ranger attends to problems following official complaints. Forms are available from the Administration Centre to lodge a complaint when an incident occurs.

The Chief Executive Officer further advised that Council is taking a harder stance on irresponsible dog owners and that prosecution proceedings are due to commence in the near future.

0803.07  MULLEWA SKATE PARK – DRINKING FOUNTAINS

Cameron Jenkin asked if drinking fountains are going to be installed at the new Skate Park.

The Chief Executive Officer advised that the Skate Park is going to be run by the Mullewa Youth Services in conjunction with the Mullewa Economic Employment Development Aboriginal Corporation, and requested Cameron bring this matter, and other constructive ideas, to future planning meetings of the Mullewa Skate Park.

1:12pm: Councillor L M Newman entered the meeting.

1:15pm: The Chief Executive Officer escorted Mr Jamie Mawer, Cameron Jenkin and Averyl Thomas from the meeting.

1:16pm: The Chief Executive Officer returned to the meeting.

0803.08  BUSINESS ARISING FROM THE MINUTES:
0803.09  MINUTE NO. 0703.32: MIDWEST DEVELOPMENT COMMISSION BOARD – VACANCY

Moved: L A Panting Seconded: M W Steele

council decision: / That Mr Simon Broad, Shire President of the Shire of Murchison, and Mrs Robyn Parsons, Shire President of the Shire of Irwin, be endorsed to fill the two vacancies on the Midwest Development Commission Board.
CARRIED 7/0

0803.10  MINUTE NO. 0703.40: RECREATION CENTRE – DEVELOPMENT OF

Moved: M W Steele Seconded: N D Johnstone

council decision: / That the Chief Executive Officer and the Shire President be authorised to affix the Municipal Seal to the Mullewa Sports Club Agreement.
CARRIED 7/0

1:40pm: Councillor L J Wainwright entered the meeting.

0803.11  CONFIRMATION OF MINUTES OF PREVIOUS MEETING:

Moved: M W Steele Seconded: L A Panting

council decision: / That the minutes of the Council meeting held on 16 July 2003, as printed, be confirmed.

CARRIED 8/0

0803.12  ANNOUNCEMENTS BY THE PRESIDING PERSON WITHOUT DISCUSSION:

Nil.

0803.13  PETITIONS/DEPUTATIONS/PRESENTATIONS/SUBMISSIONS:

Nil.

0803.14  REPORTS OF COMMITTEES:

Nil.

0803.15  MULLEWA YOUTH SERVICES:
0803.16  YOUTH DEVELOPMENT OFFICER’S REPORT

Moved: L J Wainwright Seconded: M R Doherty

council decision: / That the report of the Youth Development Officer on activities for the month of July 2003 be received and the information noted.

CARRIED 8/0

0803.17  HEALTH, BUILDING AND TOWN PLANNING:
0803.18  BUILDING APPLICATIONS

Moved: M W Steele Seconded: M R Doherty

council decision: / That the report of building statistics for the month of July 2003 be received.

CARRIED 8/0

0803.19  REGIONAL HEATH STRATEGY ADVISORY GROUP – MEMBERSHIP OF

Moved: M R Doherty Seconded: L M Newman

council decision: / That Councillor Barbara Thomas be nominated as a member or, with her concurrence, the deputy member of the Regional Health Strategy Advisory Group.

CARRIED 8/0

0803.20  NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:

0803.21  PIGGERY – LOT 107 DAVIS ROAD MULLEWA

The Chief Executive Officer was directed to investigate who is operating the Piggery at Lot 107 Davis Road, Mullewa, and to review the Offensive Trade License issued to Mr Peter McIntyre.

0803.22  WORKS, PLANT, PARKS AND GARDENS:
0803.23  PLANT REPORT

Moved: M W Steele Seconded: N D Johnstone

council decision: / That the Plant Mechanic’s report be received.

CARRIED 8/0

0803.24  MULLEWA YOUTH PRECINCT – DEVELOPMENT OF

Moved: L J Wainwright Seconded: M R Doherty

council decision: / That:
·  A formal response be sought from the Mullewa Economic Employment Development Aboriginal Corporation on its involvement in the development, management and maintenance of the Mullewa Youth Precinct, and
·  The Chief Executive Officer draft up an appropriate agreement for the examination and approval of Council.

CARRIED 8/0

0803.25  KEMBLA ZOO – CONDITION OF

Moved: L J Wainwright Seconded: L A Panting

council decision: / That:
·  The continuing operation of the Kembla Zoo be financially supported by the Mullewa Shire Council up until 31 August 2004. Financial support beyond that date will be subject to achieving key performance objectives as determined by Council;
·  The Kembla Zoo Community Committee be required to provide to Council within two months a report detailing the strategic direction and objectives that the Committee will set for the Kembla Zoo;
·  By August 2004 the Council will assess the progress made by the Committee in achieving these objectives as well as any other performance measures as set by the Council, and
·  The Kembla Zoo Community Committee will be expected to provide regular finance and administrative reports to the Council.

CARRIED 8/0

0803.26  DISPOSAL OF LAND – OFFER TO COUNCIL

Moved: M W Steele Seconded: M R Doherty

council decision: / That the Department for Planning and Infrastructure be advised that the Council approves the purpose of Lot 276 Railway Street, Mullewa, being designated as “Park Lands”, and that the Department reserve the said land for such purpose, undertake reserve creation and issue the appropriate Management Order in favour of the Council.

CARRIED 8/0

0803.27  MURCHISON LAND CONSERVATION DISTRICT – NOMINATION FOR REAPPOINTMENT

Moved: M W Steele Seconded: L M Newman

council decision: / That Councillor Michael Doherty be reappointed as the Shire of Mullewa’s representative on the Murchison Land Conservation District Committee.

CARRIED 8/0

0803.28  ENTERPRISE BARGAINING AGREEMENT – ESTABLISHMENT OF

Moved: J B Thurkle Seconded: L J Wainwright

council decision: / That the Chief Executive Officer:
·  Continue to undertake negotiations with Council’s outside staff with a view to establishing a mutually beneficial Enterprise Bargaining Agreement, and
·  Draft an Enterprise Bargaining Agreement fully costed with the implications for the municipality to be then presented to Council for approval.

CARRIED 8/0

0803.29  FINANCE AND GENERAL PURPOSE:
0803.30  PRINCIPAL ACTIVITIES PLAN – ADOPTION OF

Moved: N D Johnstone Seconded: L A Panting

council decision: / That the Principal Activities Plan for the years 2003/2004 to 2006/2007 be adopted.

CARRIED 8/0

0803.31  MINING AT TALLERING PEAK – VARIOUS

Moved: N D Johnstone Seconded: M R Doherty

council decision: / That the Chief Executive Officer:
·  Obtain such other legal advice as is necessary to give effect to the recommendation of McLeods with respect to its review of the Deeds of Agreement, and that
·  After having obtained such advice, rewrite the Deeds of Agreement to give it effect to such advice with appropriate negotiation with Mount Gibson Mining Limited.

CARRIED 8/0

0803.32  FINANCE REPORT 31 JULY 2003

Moved: M R Doherty Seconded: N D Johnstone

FINANCIAL POSITIONThe Bank Reconciliation balances for 31 July 2003 and 30 June 2003 with comparisons to the previous year, were as follows:
july 2003 / june 2003
*municipal fund
trust fund / $166,274.83cr
$10,446.72cr / $246,895.89cr
$10,448.27cr
july 2002 / june 2002
*municipal fund
trust fund / $155,670.81cr
$14,394.11cr / $278,479.50cr
$14,237.11cr
*municipal fund includes all unrestricted funds

bank statement balances:

The bank balances as at 31 july 2003 were as follows:

unrestricted funds

municipal fund
cash deposit account
commercial bill

restricted funds

reserve funds commercial bill
trust fund
all of the above funds are invested with the commonwealth bank. / $18,160.30cr
$158,714.14cr
$nilcr
$180,000.00cr
$10,642.00cr
council decision: / That the Finance Report for the period ended 31 July 2003 be received.

CARRIED 8/0

0803.33  RESOURCE SHARING OPPORTUNITIES – PARTICIPATION IN

Moved: L M Newman Seconded: L J Wainwright

council decision: / That the Chief Executive Officer respond to the Morawa Shire Council that this local government welcomes the opportunity to meet with it and to explore resource sharing opportunities for the mutual benefit of both local governments.

CARRIED 8/0

0803.34  REPTILES AND AMPHIBIANS – PERMISSION TO TAKE

Moved: L J Wainwright Seconded: L M Newman

council decision: / That as a matter of policy the Council determines that the removal of reptiles and amphibians from lands under its care or control for commercial purposes not be permitted.

CARRIED 8/0

0803.35  CHIEF EXECUTIVE OFFICER’S REPORT:

Moved: M W Steele Seconded: M R Doherty

council decision: / That the Chief Executive Officer’s report for the month of July 2003 be received:
·  Forthcoming Meetings
·  17.07.2003: National Trust Discussion – Hawes Heritage Trail
·  23.07.2003: VROC Tourism Meeting – Progress On
·  25.07.2003: Mullewa Youth Precinct
·  28.07.2003: Kembla Zoo Public Meeting
·  07.08.2003: Industrial Meeting with Outside Staff
·  08.08.2003: Sports Club Opening & National Medals Presentation

CARRIED 8/0

0803.36  MUNICIPAL SEAL – DELEGATED AUTHORITY TO AFFIX

Moved: L J Wainwright Seconded: L M Newman

council decision: / That the exercise of delegated authority by the Chief Executive Officer entered into on 29 July 2003 be endorsed.

CARRIED 8/0

0803.37  TABLED CORRESPONDENCE:

0803.38  COMPLIMENTS ON CLEARING ON NANGETTY-WALKAWAY ROAD

Moved: N D Johnstone Seconded: M W Steele

council decision: / That the correspondence be received from Mr John Rowe in which he complimented the Council on the excellent works it had undertaken with clearing the shoulders of the Nangetty-Walkaway Road.

CARRIED 8/0

0803.39  LEAVE OF ABSENCE – APPROVAL OF

Moved: M W Steele Seconded: L A Panting

council decision: / That Leave of Absence be granted to Councillor L J Wainwright for the Ordinary meeting of Council to be held on 17 September 2003.
CARRIED 8/0
0803.40  CSRFF SUBMISSION – CHRISTIAN BROTHERS AGRICULTURAL SCHOOL

Moved: M R Doherty Seconded: N D Johnstone

council decision: / That the correspondence from Christian Bros. Agricultural School be received, informing Council of a CSRFF submission to be presented at the next Ordinary meeting of Council on 17 September 2003.
CARRIED 8/0
0803.41  WOOL WAGON PATHWAYS – SUPPORT OF

Moved: L M Newman Seconded: L J Wainwright