Page 1 22 April 2013 Agenda – Ordinary Council Meeting TABLE OF CONTENTS 1. ATTENDANCES AND APOLOGIES (including Leave of Absence): ................. 2 2. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE: .......... 2 3. PUBLIC QUESTION TIME: .................................................................................. 9 4. PUBLIC STATEMENT TIME: ............................................................................... 9 5. PETITIONS AND DEPUTATIONS: ..................................................................... 10 6. PRESIDENT’S REPORT: ................................................................................... 10 7. DECLARATION OF COUNCILLORS AND OFFICERS INTEREST: .................. 10 8. RECEIPT OF MINUTES OR REPORTS AND CONSIDERATION FOR RECOMMENDATIONS:...................................................................................... 10 9. REPORTS OF COMMITTEES: ........................................................................... 11 OCM180/04/13 WORKFORCE PLAN (SJ388) ........................................................... 11 OCM181/04/13 FEES AND CHARGES - AMENDMENT TO BUDGET – UPDATE (A1659) .......................................................................................................... 14 OCM182/04/12 MONTHLY FINANCIAL REPORT – MARCH 2013 (A2092) ............... 18 OCM183/04/13 CONFIRMATION OF PAYMENT OF CREDITORS (SJ514) .............. 21 OCM184/04/13 FLOOD MITIGATION AND WATER MANAGEMENT PLAN – HARRIS PLACE, JARRAHDALE (A2095) ......................................................................... 23 OCM185/04/13 REVIEW OF COUNCIL POLICY G907 - RECOGNITION OF ASSETS AND DEPRECIATION (SJ526) ........................................................................... 30 OCM186/04/13 PROPOSED NEW POLICIES – LEASE AND LICENCE MANAGEMENT AND COMMUNITY GROUP RATING (SJ526).......................... 32 10. INFORMATION REPORTS: ............................................................................... 34 OCM187/04/13 CHIEF EXECUTIVE OFFICER INFORMATION REPORT ................. 34 OCM188/04/13 DEVELOPMENT SERVICES INFORMATION REPORT ................... 35 OCM189/04/13 CORPORATE SERVICES INFORMATION REPORT ........................ 36 OCM190/04/13 ENGINEERING SERVICES INFORMATION REPORT ..................... 38 11. URGENT BUSINESS: ........................................................................................ 39 12. COUNCILLOR QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN: ............. 39 13. CLOSURE: ......................................................................................................... 39 E13/1453 Page 2 22 April 2013 Agenda – Ordinary Council Meeting NOTICE OF MEETING Dear Elected Member The next Ordinary Council Meeting of the Serpentine Jarrahdale Shire will be held on Monday, 22 April 2013 in the Council Chambers, 6 Paterson Street, Mundijong – commencing at 7.00pm. Richard Gorbunow Chief Executive Officer 12 April 2013 AGENDA 1. ATTENDANCES AND APOLOGIES (including Leave of Absence): 2. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE: Responses to the following public questions taken on notice at the Ordinary Council Meeting held on 8 April 2013 will be available at the Ordinary Council Meeting to be held on 22 April 2013 and will be published in the minutes of that meeting. Dr Sheila Twine, 25 Millbrook Close, Jarrahdale – Jarrahdale Heritage Park I have lived in Jarrahdale for over 25 years and have looked forward to the development of the Jarrahdale Heritage Park. When land ownership passed from Bunnings/Wesfarmers to be vested with the National Trust, it augured well for progress. Many studies were completed to advance the project for the benefit of residents and visitors. My question relates to this plan for the Jarrahdale Heritage Park (Dr Twine held up the Landscape Integration Plan). In 2008 Serpentine Jarrahdale Shire paid $14,000 to the National Trust for their landscape architect, Phil Palmer, to produce a blueprint for the park. I understood that this plan (dated March 2009) was to give the Shire the ability to progress the development of the park using the parameters set by the plan, eg the toilets. Q1 Is my understanding correct that the Shire has the ability to develop the park in accordance with the Landscape Integration Plan? If this is so, why is the park in a degraded and neglected condition? The brook is choked with blackberries and the fallen trees make the pathways difficult. As a long term resident, an ex-Councillor and a member of many community groups, this neglect distresses and embarrasses me and makes me ashamed of our Jarrahdale township. A1 The Shire President responded that the question will be taken on notice and a written response provided in due course. E13/1453 Agenda – Ordinary Council Meeting Page 3 22 April 2013 Joy Lockhart – 13 Harris Place, Jarrahdale – Coordinator Jarrahdale Heritage Society Ghost Walk The walk season begins on 27 April 2013 with the Ghost Walk. There are fallen trees along the paths in the Jarrahdale Heritage Park which are dangerous to park users. Q1 When is the Shire going to complete the clean-up of the Heritage Park and when will Foster Way be opened? I understand that there is a traffic management plan in place for the park. I request a written reply to my query. Thank you. A1 The Chef Executive Officer responded that an Operations team will attend the park and remove the fallen timber. The question of when the road will be opened will be taken on notice and a written response provided in due course. Charles Kerfoot – 337 Balmoral Road, Jarrahdale – Jarrahdale Heritage Park Prepare the park land first before the extras such as the amphitheatre. The public want to use the park NOW. Let’s do the basics first, simple actions such as remove the wattle trees. I have volunteered to cut the trees down and poison the stems. Then get a machine to heap the debris up. The Fire Brigade would be willing to burn the heaps at the appropriate time. Clear the creek – Karnet Section 95 (Prison) – make use of this very good willing workforce. Q1 Can we have some action? I suggest that the park be divided into three parts and do a third at a time so not such a big job each year, financially or physically. A1 The Shire President responded that he is certain the prison is keen to help in this regard. The Chief Executive Officer will follow up on this and a written response will be provided in due course. Jan Star – 230 Jarrahdale Road, Jarrahdale Item OCM158/03/13 – rezoning portion Lot 81, Lots 210 and 228 Cockram Street and Lots 87 and 88 Mundijong Road, including section of unnamed road reserve south of Cockram Street abutting Lot 81, Mundijong Q1 With respect to Item OCM158/03/13 there seemed to be some uncertainty regarding the original acquisition of that land. My understanding was that it was acquired freehold by the Shire as a condition of a subdivision in Mundijong? Presuming the Shire is selling its asset to the government for the proposed police station (which has been long mooted for that site) then will that money be used for the acquisition of other public open space in Mundijong? A1 The Shire President responded that no decision has been made at this stage and once monies are acquired Council will decide what they will be used for. Jarrahdale Heritage Park Q2 The Management Committee when it last met three years ago was given a spreadsheet of the income and expenditure but not all questions were able to be answered nor does it reconcile with the budgets. Is it possible to get further information on this? Alternatively can we please have a meeting of that committee? E13/1453 Agenda – Ordinary Council Meeting Page 4 22 April 2013 Q3 I notice also that the Jarrahdale Heritage Park Reserve fund is no longer included in ‘Reserves’ in the budget. As there is still considerable land asset proposed to fund that Reserve why did Council close the fund? A The Shire President responded that these questions will be taken on notice and a written response provided in due course. A meeting of the Management Committee will be arranged as soon as possible. Nancy Scade – Lot 16 (No 141) King Road, Oakford – Compost Facility (Bio Organics), Lot 36 Abernethy Road, Oakford Bio Organics applied to the Shire to permit them to use chook manure when making compost. Their original licence for 10 years only permitted them to use green waste. The licence expired in 2011 and the Department of Environment and Conservation (DEC) issued another licence without consulting anyone else, including the Shire, which apparently makes the licence invalid. However, even the new licence states that only green waste can be used and that it is an offence to contravene a licence condition. This offence carries a penalty of up to $125,000. It also states that no waste shall be burnt on the premises. As neighbours they are having a significant impact on our lives: 1. Very offensive odours with neighbours and our staff complaining about sore eyes and throats. 2. There have been several fires caused by combustion in the piles of green waste, the latest one being last Saturday, 6 April 2013. All the fire brigades in the Shire attended including one from Jandakot. They were still in attendance at mid-day on Sunday 7th. 3. Recently Bio Organics have started accepting very large amounts of liquid waste on to their site which their licence does not permit. This has increased the odour impact on neighbours as well as the disruption by the constant movement of trucks to and from their site. Most of this liquid waste is carted by Western Resource Recovery. There are no obvious above ground storage tanks and the volume of liquid they are receiving is very large and the money it generates for Bio Organics is also large. 4. On Friday, 5 April neighbours counted 30 liquid waste trucks depositing on Bio Organics’ site. Thirty seems to be the average per day. On one day recently the neighbours counted 90 trucks between early morning and 2.00am the following morning. Western Resource Management have trucks that carry 5000 litres through to ones that carry 36,000 litres. We see a variety of truck sizes but an average would be 18,600 litres per truck. Therefore 30 trucks would be depositing on their site 558,000 litres in one day which is the equivalent of 12.4 swimming pools, assuming that the average swimming pool is 45,000 litres. One of the truck drivers told a neighbour that Western Resource Recovery pay Bio Organics 37 cents per litre. Their income from 30 trucks as above would be $206,460 per day! Multiply that by three for the day when 90 trucks were counted and you will clearly see that they would not need to make compost (which they will have difficulty doing now that their green waste pile has burnt). At 2.30am this morning a 36,000 litre tanker was unloading and since 5.00am until 2.30pm there have been 32 liquid waste trucks. This is all being done within 250 metres of the Jandakot Water Mound! E13/1453 Agenda – Ordinary Council Meeting Page 5 22 April 2013 Qs Why have you allowed Oakford Organics to continue operating? What are they doing with all this liquid waste? Why haven’t you checked what is in the liquid waste? Why haven’t you stopped the trucks? Why haven’t you stopped the odour? With the large volumes of liquid waste, how could they manage large volumes of chicken manure as well? Where are the water testing results that they are supposed to have done every December and June? If you don’t have water testing results, why not? Under the Local Government Act the Shire has the first call on all waste and rubbish coming into the Shire, why haven’t you acted after numerous complaints by neighbours? A The Shire President responded that the Bio Organics licence has expired and a number of breaches are currently under investigation by Council. A legal opinion is being obtained and officers are undertaking testing. We need to go through the due process thoroughly or we may end up in the State Administrative Tribunal. Council is aware of details of the fire on the weekend. The Chief Executive Officer advised that the matter is being taken very seriously. Councillors will be briefed on the issues at the Councillor Information Day tomorrow (Tuesday 9th) and a full report will be presented to Council in May 2013. David Richer – President Jarrahdale Community Association (JCA), 24 Forrest Avenue, Jarrahdale – Jarrahdale Heritage Park The JHC has worked hard to achieve a great working relationship with Council and Shire officers, achieving great things for our community. This relationship has resulted in the completion of Stages 1 and 2 of the Forrest Green Park project, the upgrades to Gianatti Hall and the establishment of limited youth activities in our town. Unfortunately in the past couple of years this has broken down to the point where our community feels that they are no longer being serviced by those who are paid to do so. In fact at the recent community forum one of the key issues discussed was this Shire’s inability to deliver on their promises and responsibilities, with the burden of community development and infrastructure management falling on the hands of our passionate committee members. Items such as: Safe footpaths, so that our community can go from their homes to the local facilities without fear of personal harm. Children are required to wait out in the rain for their morning school bus. Our one community venue has no street lighting. Our upgraded Gianatti Hall is not financially available to volunteer community organisations such as Armadale Home Help, to provide services to the elderly in our town (the whole reason for the consultation room, kitchen upgrade and disabled access). Our Community Association would like to know the answers to some questions in relation to the past works associated with the Heritage Park. E13/1453 Agenda – Ordinary Council Meeting Page 6 22 April 2013 Q1 How much was the amount awarded to the Shire of Serpentine Jarrahdale from Don Randall which was allocated to the Heritage Park construction, a) how much was spent and on what? b) how much was the Shire forced to hand back? Q2 How much money was made from the sale of the Staff Street houses? a) what has this money been spent on and how much is left? b) what (if any) are the remaining funds allocated to? Q3 How much ratepayer funds were spent on feasibility studies, environmental plans, designs and other consultation in relation to the Heritage Park? Q4 How much was Terry Farrell paid for his works in the Heritage Park and what deliverables were achieved from these works? Q5 Is the Serpentine Jarrahdale Shire going to assist the community of Jarrahdale through the JCA and the Heritage Society, financially such that the amphitheatre is included in the Shire’s forward estimates and budgets for 2013/14? Q6 What is the status of the Whitebridge remediation works, when will this be progressed? Q7 When will the next Heritage Park Committee meeting be held? Why has there been such a delay since the last meeting? Our community organisation feels let down by the lack of Council representation on our group. It is an important part of our relationship with the Shire and facilitates open communication between the two groups. Q8 Who is the officially appointed Council representative to the Jarrahdale Community Association? A The Shire President confirmed that the Shire was granted Federal funding in 2005 but by the time the proposal was finalised the acquittal period had expired and the grant was refunded. Council has gone to great lengths in the last 6/12 months to renew the relationship with our local politicians and hope to have some of these projects up and running again. A Council representative will be appointed to attend Jarrahdale Community Association meetings. Eileen Davis – 2/9 Warrington Road, Byford First of all I would like to thank the Byford Bags Ladies for doing such an awesome job, and on a Sunday I believe, cleaning up Warrington Road. Q1 A section of Warrington Road will be upgraded. Can you give me a timeframe and what about the section that is not being upgraded, the road is a disgrace? Q2 What are the Shire’s responsibilities for enforcing maintenance or demolition of derelict houses? E13/1453 Agenda – Ordinary Council Meeting Page 7 22 April 2013 Q3 Whose responsibility is it to police or control individuals from dumping rubbish on LWP’s properties and grounds, where there is ready public access? My opinion - it is slack to do nothing to discourage the dumping of rubbish, not to mention the fire hazard. Q4 Your answer to my previous question regarding the nature creek-line does not make sense. A natural creek-line cannot be a multi-use corridor. Can you define multi-use corridor? Q5 Are the public able to see this submission you received from the developer? Q6 Regarding the earth pushed up against the trees in the natural creek-line. Mark Angeloni did have a look at the trees and was shocked so what is the timeframe for remedial action as these trees are experiencing stress and time is of the essence if we are to save these trees? Q7 I copied an email on 26 March 2013 to Chris Portlock, Cr Moore and Cr Kirkpatrick, that I have applied to register a Red Tail Cockatoo roosting site and this email has not been acknowledged or responded to. What is a reasonable time I can anticipate responses? A The Shire President apologised to Ms Davis and advised that her email regarding the Red Tail Cockatoo roosting site has not been ignored but has been registered and referred to the appropriate officer. Cr Moore advised that these questions will be taken on notice and undertook to ensure that more in-depth written responses to both previous and current questions are provided in due course. He advised that contact will be made with LWP to request information on the status of maintenance or demolition of the derelict houses. Melissa Matheson – 14 McNeil Grove, Jarrahdale - Jarrahdale Mrs Matheson tabled a photograph of a pile of rubbish at the back of a house in Jarrahdale. Q1 Haven’t we just been named a high fire risk area? Q2 Who monitors rentals/real estates in our Shire? Clearly they are not doing their job. Q3 Why do ratepayers have to put up with cars and other rubbish piling up in our communities? Q4 Why are rentals allowed to park cars on the verge/road and in bushland? Q5 How many more years do we have to wait for someone to do their job? Q6 Why has no-one from the ANZAC community group got back to me about ANZAC Day not being in Jarrahdale when it was meant to be Jarrahdale’s turn? I have worked hard for the past three years to complete the upgrade in time for our turn this year. The RSL has informed me it will be held at the dam in 2015? A The Shire President responded that these questions will be taken on notice and a written response provided in due course. Yvonne Lovegrove – 21 Orana Place, Byford – Stanley Road Precinct Q1 How can an application be made by a private developer without owners being advised about this application? E13/1453 Agenda – Ordinary Council Meeting Page 8 22 April 2013 A1 The Director Development Services advised that a report on the Stanley Road Precinct is on the agenda for this Council meeting. If the draft local planning policy is supported, the next step will be to undertake extensive community/stakeholder consultation. Under Town Planning Scheme No 2 Council or any entity or individual can make application for a local structure plan in that area. Tony Hennifer, 19 Wanliss Street, Jarrahdale – Chairman of Jarrahdale Walks On 27th of this month we have programmed our annual Ghost Walk which this year is a portrayal of bush life back in the heydays of the timber industry here. It is therefore appropriate to conduct this event in Jarrahdale Park. Q1 Please will Council have its staff honour our slogan and fulfil its obligation by a concerted effort to tidy up the park this month by: Removing ‘construction site’ signs. Remove all orange mesh bunting from hazard areas. Where there is a real hazard (such as a retaining wall >1m high) install respectable twin tube pipe railings. Clear the two main paths of fallen trees and branches and other debris. Remove the trashed insulated freight container from near the Red Shed (bottom of Staff Street). Have the Heritage Sawmillers lessee remove all the overflow stockpiles of off-cuts from the park area. Q2 In the very near future to further enhance the park for tourists: Open foster way, both ends, but as a one-way street, limited to 40kms/h and with traffic calming. Tidy up remnant rail and pipe lines. Supply and install litter bins. De-scrub and repair log landing. Accelerate installation of ‘Discovery Forest’ signs (ref C Portlock). We appreciate the actions recently of Council staff in removing some fallen trees from paths. A The Shire President responded that Operations staff will endeavour to undertake this work in order to provide a safe walkway. Vicky Kerfoot, 337 Balmoral Road, Jarrahdale – Jarrahdale Heritage Park Q1 On Saturday the toilet was locked – is the Jarrahdale Heritage Society meant to open it? Also it is a shocking design – having been recently to public toilets in Kalamunda – not difficult to make it comfortable. I appreciate the ‘heritage tin’ look but the inside didn’t have to be so basic and user unfriendly. Q2 Is it possible for Council to produce a document that outlines the following, in the last 20 years: How many consultants and/or consultations have taken place with community involvement? What funding has been spent? What has the funding been spent on? How much was obtained from sale of houses in Staff Street? E13/1453 Agenda – Ordinary Council Meeting A Page 9 22 April 2013 What happened to those funds? Terry Farrell – who paid for him and what did he achieve? How much did the hydrant system cost and where did those funds come from? When will the Committee of Management meet? The Shire President responded that these questions will be taken on notice and a written response provided in due course. Merri Harris, 806 South Western Highway, Byford Draft Local Planning Policy 74 Q1 Could I please get an explanation of the meaning of paragraph 4 on page 7 or is this a bad typo? Q2 An explanation of the third dot point in paragraph 6? Q3 At no point in the Council resolution or the proposed LPP was there a mention of the proposed densities for this LSP area. Could I please get an indication or is that up to the developer or the Council of the day? Q4 Is it possible to include the officer suggestion (last paragraph on page 11) to pass a Council resolution to change the wording of the TPS2 requirements to ‘shall’ rather than ‘may’. If it is not included now it will escape the process and be forgotten. A The Director Development Services responded that he will expand on the points raised above and ensure there is a correction in the minutes to reflect this. In relation to proposed densities the Director advised that the local planning policy, if adopted, will be the start of the planning framework. The next step will be preparation of a local structure plan and that is when densities will be considered by Council. Broad density is basically identified as Residential R20. Henry McKenna, Lot 89 Watkins Road, Mundijong – Serpentine Jarrahdale Men’s’ Shed Q1 I have nominated to be a member of the Serpentine Jarrahdale Men’s’ Shed. As it is over 12 months since I applied could you please advise if and when land will be made available for this project and if a temporary shed in Jarrahdale will be passed for use? A1 The Shire President advise that this matter will be discussed at the Councillors’ Information Day tomorrow (Tuesday, 9 April 2013). The question was taken on notice and a written response will be provided in due course. Dwayne Ballast, 12 Aboyne Place, Seville Grove – Stanley Road Precinct Q1 Can I please have an update as to the progress of the supporting policy drafted required to submit a structure plan for a sub-precinct? A1 The Shire President advised that a report on this matter is on the agenda for this Council meeting. The question was taken on notice and a written response will be provided in due course. 3. PUBLIC QUESTION TIME: 4. PUBLIC STATEMENT TIME: E13/1453 Page 10 22 April 2013 Agenda – Ordinary Council Meeting 5. PETITIONS AND DEPUTATIONS: 6. PRESIDENT’S REPORT: 7. DECLARATION OF COUNCILLORS AND OFFICERS INTEREST: 8. RECEIPT OF MINUTES RECOMMENDATIONS: OR REPORTS AND CONSIDERATION FOR Correction Item OCM177/04/13 – New Local Planning Policy – LPP 74 Stanley Road Precinct Planning Framework (SJ210) The vote was recorded 4 For and 2 Against the motion and was shown to be Lost. Following the Council meeting the Chief Executive Officer sought clarification from the Department of Local Government and it was confirmed that the resolution was CARRIED 4/2 by simple majority. 8.1 Ordinary Council Meeting – 8 April 2013 The minutes of the Ordinary Council Meeting held on 8 April 2013, with the above correction, be confirmed (E13/1453). E13/1453 Agenda – Ordinary Council Meeting 9. Page 11 22 April 2013 REPORTS OF COMMITTEES: OCM180/04/13 Author: Senior Officers: Date of Report: Disclosure of Officers Interest: WORKFORCE PLAN (SJ388) Leani Simpson - Human Resource Management Officer Alan Hart - Director Corporate Services 10 April 2013 No officer involved in the preparation of this report is required to declare an interest in accordance with the provisions of the Local Government Act. EXECUTIVE SUMMARY The preparation of a Workforce Plan is one of the key elements of the Integrated Planning and Reporting Framework which was introduced to Western Australian Local Governments during 2011, underpinned by regulatory amendments. This document is part of a suite of documents that are required under this framework together with a Strategic Community Plan, Asset Management and Long Term Financial Plan. Ultimately Workforce Planning will become an integral part of the planning and operations in the Council. At the end of July 2012 the Shire engaged external consultant, to review the Shire’s Human Resource Management practices and to prepare the Shire’s Workforce Plan, which, along with the other plans listed above, needs to be submitted to the Department of Local Government before the 30 June 2013. The attached plan is therefore submitted for Council’s consideration and adoption. RELEVANT PREVIOUS DECISIONS OF COUNCIL There is no previous Council decision relating to this issue. COMMUNITY / STAKEHOLDER CONSULTATION No community consultation was required. REPORT Workforce Planning is “A continuous process of shaping the workforce to ensure that it is capable of delivering organisational objectives now and in the future.” (Australian National Audit Office (ANAO) 2004). Workforce Planning: Is continuous, not a one-off activity; Is a process, not a statistic action or set of actions; Is about shaping the workforce with a clearly identified purpose and to bring about particular changes; Has its purpose linked with organisational objectives, and Applies not just to the current workforce but anticipates future workforce requirements. Workforce Planning enables Council to: Respond quickly and more strategically to change by recognising emerging challenges; E13/1453 Agenda – Ordinary Council Meeting Page 12 22 April 2013 Improve efficiency, effectiveness and productivity by having employees with the right knowledge and skills and who are a good fit for the job they are in; Facilitate strategic staffing and planning for future workforce requirements by identifying these in a timely manner, monitoring staff separations and making arrangements to fill key vacancies; Strengthen our capacity to achieve the outcomes of the Strategic Community Plan and Corporate Business Plan; Encourage understanding of our workforce profile so that existing workforce capacity can be maximised and the future workforce shaped as needed; Assist with identifying and managing people with the knowledge critical for efficient and effective business operations, and managing corporate memory; Adapt and integrate management and business processes, technology and systems and adjust organisational structure to use resources most effectively; Monitor costs and directly link workforce expenditure against business outputs and outcomes, and Strengthen the local government industry through stronger career paths and staff development. Workforce Planning Involves the following steps: Analysis of internal and external environment and workforce Strategic Community Plan workforce implications Strategies to meet future workforce needs Monitoring and evaluation of outcomes Workforce Planning and Integrated Planning Framework: Workforce Planning is one of the four key components of the Integrated Planning and Reporting Framework and Guidelines now in place across the local government sector in Western Australia. Strategically, the Workforce Plan will take into account community aspirations, priorities and objectives identified in the Strategic Community Plan. The Strategic Community Plan sets out the longer term vision, and will highlight the workforce needs. The Workforce Plan will be an essential component of the Corporate Business Plan, where it will identify workforce requirements and strategies for current and future operations over the next four years or more. The linkages with the Strategic Community Plan and Corporate Business Plan can be seen in the following diagram: E13/1453 Page 13 22 April 2013 Agenda – Ordinary Council Meeting Once Council adopt the Workforce Plan, this document will form inform the Strategic Community Plan, Long Term Financial plan, Corporate Business Plan and Annual Budget. It is a requirement that the Council adopt the Workforce Plan for it to be incorporated as a document within the Integrated Planning Framework. Therefore it is recommended that Council adopt the Workforce Plan 2013-2018. ATTACHMENTS OCM180.1/04/13 – Shire of Serpentine Jarrahdale Workforce Plan 2013-2018. STATUTORY ENVIRONMENT Local Government Act 1995 Fair Work Act 2009 Local Government Industry Award 2010 FINANCIAL IMPLICATIONS The workforce Plan has made recommendations about changes in the staffing levels over the life of the plan. These changes will impact on each of the annual budgets 2013 – 2018. VOTING REQUIREMENTS OCM180/04/13 Simple Majority OFFICER RECOMMENDATION: That the Council adopt the Shire of Serpentine Jarrahdale Workforce Plan 2013 – 2018, as per attachment OCM180.1/04/13. E13/1453 Agenda – Ordinary Council Meeting OCM181/04/13 Author: Senior Officer: Date of Report: Disclosure of Officers Interest: Page 14 22 April 2013 FEES AND CHARGES - AMENDMENT TO BUDGET – UPDATE (A1659) Kristen Cooper - Corporate Services Support Officer Alan Hart – Director Corporate Services / Strategic Community Planning 18 March 2013 No officer involved in the preparation of this report is required to declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY At the Ordinary Meeting of Council on 29 January 2013, Council resolved to defer this item for four weeks to allow negotiations to occur between the Parish of Serpentine-Jarrahdale and Serpentine Jarrahdale Shire. These discussions have concluded with feedback from the Parish being incorporated into the Memorandum of Understanding (MOU). The document has been formally endorsed by the Head Diocesan Trustees in Perth. The purpose of this report is to seek Council approval for the attached MOU and amended Fees and Charges Schedule. The Shire will then be able to hire out St. Paul’s Church in Jarrahdale and all bonds charged for the hire of Shire facilities will be standardised. RELEVANT PREVIOUS DECISIONS OF COUNCIL At the Ordinary Council Meeting held on 29 January 2013 Council resolved to defer item OCM120/01/13 for a period of four weeks to allow further investigations. COMMUNITY / STAKEHOLDER CONSULTATION The Shire has undertaken extensive consultation with the Anglican Parish who is the major stakeholder in the use of this building and fully support the proposal. REPORT St Paul’s Church The purpose of the MOU is to establish terms and conditions on which the Shire agrees to permit the Parish to hire St Paul’s Church Jarrahdale to third parties. It is not intended that the MOU create any contractual relationship or that it is to be legally binding on the parties. Discussions with the Parish of Serpentine-Jarrahdale, resulted in agreement on a hire fee for the church being set at $100 for every three hours or part thereof (including GST). The Shire has also acknowledged that the Church may elect to charge a higher hire fee and retain any surplus amount which exceeds the hire fee. It is recommended that Council endorse and authorise the President and Chief Executive Officer to sign the attached MOU. Security Bonds In the 2012-13 Schedule of Fees and Charges, there is an inconsistent approach to charging security bonds when premises are hired out. There are security bonds for listed buildings and then other amounts for the rest of the buildings. This is an inconsistent approach to facility hire and it is proposed that we standardise all security bonds for all Council owned facilities. It is also proposed that the bonds for all other halls and pavilions also be deleted, as the above amendment will be the amount charged. E13/1453 Page 15 22 April 2013 Agenda – Ordinary Council Meeting This report proposes the following amendments to the Schedule of Fees and Charges: Additional/Amendments to the 2012/13 Schedule of Fees and Charges – Fee Name Recreation and Culture Section of Fees Facility Hire Required Action Inclusion in Fees and Charges Recreation and Culture Facility Hire Recreation and Culture Facility Hire Amendment to Fees and Charges Amendment to Fees and Charges Reason Price GST Price inc GST 10.00 110.00 per session up to 3 hours per session To include a fee in the 2012/13 Schedule of Fees and Charges for the hire of St Paul’s Church in Jarrahdale. Weddings, funerals and religious activities only. 100.00 Bond - For the hire of all Council owned facilities no alcohol. Bond- For the hire of all Council owned facilities with alcohol. 700.00 700.00 1,200.00 1,200.00 Deletions to the 2012/13 Schedule of Fees and Charges – Fee Name Recreation and Culture Section of Fees Facility Hire Recreation and Culture Facility Hire Required Action Amendment to Fees and Charges by deletion Amendment to Fees and Charges by deletion Reason Price GST Bond - For all other Halls / Pavilions. 500.00 Price inc GST 500.00 Bond - for the sale / consumption of alcohol (for all other halls / pavilions) 700.00 700.00 The amendment of these bonds will not affect any current long term users of the facility. They only apply to casual hirers. The officer’s recommendation is that Council approves the amendment to the 2012/13 Schedule of Fees and Charges. The changes to the 2012/13 fees and charges will be advertised in both local papers. ATTACHMENT OCM181.1/04/13 - Proposed Memorandum of Understanding (IN13/4873) ALIGNMENT WITH OUR PLAN FOR THE FUTURE Council’s Plan for the Future has placed an emphasis on People and Community, through providing them with a sense of place and facilities that act as community hubs. These facilities are integral as a focal point for social interaction. E13/1453 Page 16 22 April 2013 Agenda – Ordinary Council Meeting STATUTORY ENVIRONMENT Section 6.16 of the Local Government Act (1995) allows the Shire to charge for the hire and use of Council owned facilities and Section 6.19 requires that if they are not adopted as part of the Annual Budget, the new fees must be advertised by giving local public notice. FINANCIAL IMPLICATIONS There will be a small income stream relating to the hire of St Paul’s Church and these funds will assist with the maintenance of the building. There is no financial impact on charging security bonds as they are fully refunded if the building is not damaged or left uncleaned. Any amounts deducted from the bond are used to reimburse the Shire for out of pocket expenses relating to the hire. VOTING REQUIREMENTS OCM181/04/13 ABSOLUTE MAJORITY OFFICER RECOMMENDATION That Council: 1. Grants consent to enter into a Memorandum of Understanding with the Parish of Serpentine Jarrahdale for the hiring out of St Paul’s Church Jarrahdale. 2. Authorise the Chief Executive Officer and Shire President to sign the Memorandum of Understanding as per attachment OCM181.1/04/13. 3. Amend the 2012/13 Fees and Charges Schedule to include the following fees, effective 8 May 2013. Additional/Amendments to the 2012/13 Schedule of Fees and Charges – Fee Name Section of Fees Facility Hire Required Action Inclusion in Fees and Charges Recreation and Culture Facility Hire Amendment Recreation and Culture Facility Hire Amendment Recreation and Culture E13/1453 to Fees and Charges to Fees and Charges Reason Price GST Price inc. GST 10.00 110.00 per session up to 3 hours per session To include a fee in the 2012/13 Schedule of Fees and Charges for the hire of St Paul’s Church in Jarrahdale. Weddings, funerals and religious activities only. 100.00 Bond - For the hire of all Council owned facilities - no alcohol. 700.00 700.00 1,200.00 1,200.00 Bond- For the hire of all Council owned facilities - with alcohol. Page 17 22 April 2013 Agenda – Ordinary Council Meeting Deletions to the 2012/13 Schedule of Fees and Charges – Fee Name Recreation and Culture Recreation and Culture E13/1453 Section of Fees Facility Hire Facility Hire Required Action Amendment Reason Bond - For all other to Fees Halls / Pavilions. and Charges by deletion Amendment Bond - for the sale / to Fees consumption of and alcohol (for all other Charges by halls / pavilions) deletion Price GST 500.00 Price inc. GST 500.00 700.00 700.00 Agenda – Ordinary Council Meeting Page 18 22 April 2013 MONTHLY FINANCIAL REPORT – MARCH 2013 (A2092) Megan Hodgson – Financial Accountant Casey Mihovilovich – Executive Manager Finance Alan Hart – Director Corporate Services / Strategic Community Planning Date of Report: 25 March 2013 Disclosure of Officers No officer involved in the preparation of this report is required to Interest declare an interest in accordance with the provisions of the Local Government Act OCM182/04/12 Author: Senior Officers: EXECUTIVE SUMMARY The Local Government Act and Financial Management Regulations require that the Shire prepare a Statement of Financial Activity each month. The Local Government Act further states that this statement can be reported by either by Nature and Type, Statutory Program or by Business Unit. The Shire has resolved to report by Business Unit and to assess the performance of each business unit the columns of year-to-date budget and actual results are compared. This gives an indication of how each business unit (and collectively the Shire) is performing against expectations for this point in time and any variance over or under 10% is reported. The monthly financial report includes rating, investment, reserve, debtor, and general financial information. RELEVANT PREVIOUS DECISIONS OF COUNCIL There is no previous Council decision relating to this application/issue. COMMUNITY / STAKEHOLDER CONSULTATION No community consultation was undertaken / required. REPORT Monthly Financial Report The period of review is March 2013. The municipal surplus for this period is $4,364,467 compared to a budget position of $(880,116). This is considered a satisfactory result for the Shire for this time of the year. Income for the March 2013 period, year-to-date is $21,624,057. The budget estimated $24,019,365 would be received for the same period. The variance to budget is ($2,395,308). The following graph illustrates actual income to-date compared to the year-to-date budget: E13/1453 Page 19 22 April 2013 Agenda – Ordinary Council Meeting Total Income 30,000,000 25,000,000 20,000,000 15,000,000 Actual YTD Income 10,000,000 Budget YTD Income 5,000,000 Budget FY Income JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE - Expenditure for the March 2013 period, year-to-date is $20,819,195. The budget estimated $27,690,860 would be spent for the same period. The variance to budget is $6,871,665, details of all significant variances are provided in the notes to the Statement of Financial Activity by Directorate. The following graph illustrates actual expenditure to-date compared to the year-to-date budget. Total Expenditure 40,000,000 35,000,000 30,000,000 25,000,000 Actual YTD Expenditure 20,000,000 15,000,000 Budget YTD Expenditure 10,000,000 5,000,000 Budget FY Expenditure JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE - Fire and Emergency Management Expenditure Information Report Council has established a Natural Disaster Recovery Management Account from which works associated with declared disasters are funded. (PC106 – Natural Disaster Recovery Management Account) The Local Government Act 1995 requires that a local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure: a) is incurred in a financial year before the adoption of the annual budget by the local government; b) is authorised in advance by resolution*; or c) is authorised in advance by the mayor or president in an emergency. E13/1453 Page 20 22 April 2013 Agenda – Ordinary Council Meeting Given the circumstances surrounding emergencies, advance authorisation by the President or Council is not always appropriate. This information report is to allow Council to accept expenditure on emergency management. Month July 2012 – November 2012 December 2012 January 2013 February 2013 March 2013 Description Storm Damage in June/July 2012 Fire - 12/2/13 WA Blue Metal FESA no234528 Fire - 18/2/13 Yarrabah FESA no235095 Fire - 18/2/13 Yarrabah FESA no235095 TOTAL 2012-2013 Amount ($) $17,731 $0 $0 $14,411 $12,316 $44,458 ATTACHMENT OCM182.1/04/13 - Monthly Financial Report (E13/1269) ALIGNMENT WITH OUR PLAN FOR THE FUTURE This report is a tool for evaluating performance against recognized standards and best practice and meets the needs of the community, elected members, management and staff. It helps the Shire to exercise responsible financial and asset management cognizant of being a hyper-growth council in line with the Plan for the Future. STATUTORY ENVIRONMENT Section 6.4 of the Local Government Act 1995 requires a local government to prepare an annual financial statement for the preceding year and other financial reports as are prescribed. Regulation 34 (1) of the Local Government (Financial Management) Regulations 1996 as amended requires the local government to prepare monthly financial statements and report on actual performance against what was set out in the annual budget. FINANCIAL IMPLICATIONS There are no financial implications relating to the preparation of the report. Any material variances that have an impact on the outcome of the annual budget are detailed in this report. VOTING REQUIREMENTS OCM182/04/12 Simple Majority OFFICER RECOMMENDATION That Council: 1. Receive the Monthly Financial Report for March 2013 as per attachment OCM182.1/04/13, in accordance with Section 6.4 of the Local Government Act 1995. 2. Accept the Fire and Emergency Management Expenditure Information Report (ESD999). E13/1453 Agenda – Ordinary Council Meeting Page 21 22 April 2013 OCM183/04/13 Author: Senior Officer: CONFIRMATION OF PAYMENT OF CREDITORS (SJ514) Erin Noble - Finance Officer Alan Hart - Director Corporate Services / Strategic Community Planning Date of Report: 21 March 2013 Disclosure of Officers No officer involved in the preparation of this report is required to Interest declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY The Local Government (Financial Management) Regulations 1996 requires the local government to prepare a list of accounts paid by the Chief Executive Officer each month. RELEVANT PREVIOUS DECISIONS OF COUNCIL There is no previous Council decision relating to this issue. COMMUNITY / STAKEHOLDER CONSULTATION No community consultation was required. REPORT In accordance with the Local Government (Financial Management) Regulations 1996 13(1), Schedules of all payments made through the Council’s bank accounts are presented to Council for their inspection. The list includes details for each account paid incorporating: a) Payees name; b) The amount of the payment; c) The date of the payment; and d) Sufficient information to identify the transaction. Invoices supporting all payments are available for the inspection of Council. All invoices and vouchers presented to Council have been certified as to the receipt of goods and the rendition of services and as to prices, computations and costing and that the amounts shown were due for payment, is attached and relevant invoices are available for inspection. It is recommended that Council receives the payments authorised under delegated authority and detailed in the list of invoices for period of 21 February to 21 March 2013, as per the attachment. ATTACHMENT OCM183.1/04/13 - List of Accounts (E13/1237) ALIGNMENT WITH OUR PLAN FOR THE FUTURE Council’s Plan for the Future has placed an emphasis on exercising responsible financial management. E13/1453 Page 22 22 April 2013 Agenda – Ordinary Council Meeting STATUTORY ENVIRONMENT Section 5.42 and 5.45(2) of the Local Government Act 1995 states that the local government may delegate some of its powers to the Chief Executive Officer. Council has granted the Chief Executive Officer Delegated Authority CG07 - Payments from Municipal and Trust Fund. FINANCIAL IMPLICATIONS All payments that have been made are in accordance with the purchasing policy and within the approved budget, and where applicable budget amendments, that have been adopted by Council. VOTING REQUIREMENTS OCM183/04/12 Simple Majority OFFICER RECOMMENDATION That Council receives the payments authorised under delegated authority and detailed in the list of invoices for the period 21 February to 20 March 2013, as per attachment OCM183.1/04/13 - Creditor List of Accounts 21 February to 20 March 2013 including creditors that have been paid and in accordance with the Local Government (Financial Management) Regulations 1996. E13/1453 Agenda – Ordinary Council Meeting Page 23 22 April 2013 FLOOD MITIGATION AND WATER MANAGEMENT PLAN – HARRIS PLACE, JARRAHDALE (A2095) Author: Craig Wansbrough, Project Manager – Water Sensitive Urban Design Senior Officer: Uwe Striepe, Acting Director Engineering Date: 25 March 2013 Disclosure of Officers No officer involved in the preparation of this report is required to Interest declare an interest in accordance with the provisions of the Local Government Act OCM184/04/13 EXECUTIVE SUMMARY Jarrahdale has experienced two severe storm events within the last two years. These events occurred in March 2010 and January 2012. Harris Place residents experienced significant damage from stormwater with substantial damage occurring in the March 2010 storm event. The Shire of Serpentine Jarrahdale commissioned GHD Pty Ltd to undertake an assessment of the constructed drainage system with the Harris Place catchment in order to develop a flood mitigation strategy and provide direction for future drainage works to improve safety and protection for residents. Specific objectives of the study were to: Consult with residents of Harris Place to obtain site specific flood information. Carry out a site survey of the catchment and drainage features. Undertake hydrological modelling of the catchment. Appraise options for flood management. Provide recommendations in regard to flood mitigation and drainage works In order to reduce peak flows and water levels a number of strategies were recommended in the Harris Place Flood Mitigation and Water Management Plan. These included: Slow runoff upstream. Direct runoff along the south west side of Harris Place towards Atkins Street. Upgrade crossover pipes and table drains in Harris Place to convey more runoff and ensure water level remains below lot level. These strategies are considered in greater detail within the Harris Place Flood Mitigation and Water Management Plan and provide Council and the residents of Harris Place various options for mitigating the flood risk. RELEVANT PREVIOUS DECISIONS OF COUNCIL OCM145/02/13 – Update – Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (A2095) – Update to Council on progress of proposed community consultation workshop. OCM115/01/13 – Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (A2095) – Council deferred the item for a period of one month to allow further investigations. E13/1453 Agenda – Ordinary Council Meeting Page 24 22 April 2013 OCM020/08/12 – Confidential Item – Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (A2095) – Council deferred the item to allow officers to gain further advice, including legal advice, on this issue. OCM095/03/12 - Emergency Flooding Mitigation (R0323) - Council approved, under Section 6.8(1) of the Local Government Act 1995, $30,000 from the emergency reserve account to be utilised for emergency flood mitigation works in the Chestnuts and Harris Place estates in Jarrahdale. COMMUNITY / STAKEHOLDER CONSULTATION Community consultation was not undertaken as part of the scope for the preparation of the Flood Mitigation and Water Management Plan study. However, the consultants from GHD attempted to contact all Harris Place residents to collect lot specific flood information that may assist with their hydraulic modelling. Two residents were successfully contacted and the survey information is presented in the Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (GHD, 2012). A community consultation workshop was held at Bruno Gianatti Hall on Tuesday, 5 March 2013 from 6:30 to 8:30pm. The purpose of this workshop was to engage with residents in Harris Place and Chestnuts Estate to identify and discuss their drainage and flood management concerns. The aims of the workshop were to: Provide local residents with an update on the drainage works completed by the Shire in response to the March 2010 and January 2012 severe storm events. Present the Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (GHD, 2012) to residents and obtain their feedback. Identify areas of concern with regard to drainage and flood management within Harris Place and Chestnuts Estate through discussion and a mapping exercise. Identify potential alternative solutions for mitigating the flood impact on residents in Harris Place. All residents of Chestnuts Estate, Harris Place and adjoining downstream landowners were invited to attend the community consultation workshop. Residents who were unable to attend the workshop were encouraged to provide written information to the Shire’s Engineering Services prior to the workshop. Approximately 30 people participated in the workshop. Residents provided invaluable feedback on the performance of the drainage infrastructure in both Harris Place and Chestnuts Estate. Residents identified specific locations where works could be undertaken to address drainage and flooding concerns. These included: Installing cut-off drainage in all easements within Chestnuts Estate. Addressing sheet flow coming off lots on the south-western corner of Cousens and Atkins Streets, Jarrahdale. Upgrading the culvert under Atkins Street as part of the Harris Place drainage upgrades. Addressing the bund and fencing arrangement for lots on Marginata Parade that back onto the properties at Harris Place. On-lot detention by all residents in Chestnuts Estate to capture surface run-off in gardens and minimise impact of surface run-off on neighbouring lots.. The above recommended works identified by the workshop participants do not alter the substance of the Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (GHD, 2012). E13/1453 Agenda – Ordinary Council Meeting Page 25 22 April 2013 REPORT Storm Events Jarrahdale has experienced two severe storm events within the last two years. events occurred in March 2010 and January 2012. These During the March 2010 event 57.2mm of rainfall was recorded in Jarrahdale, with 44.2mm falling within 30 minutes and 54.2mm falling within 1 hour (Bureau of Meteorology, 2010). This rainfall exceeded the 100 year average recurrence interval (ARI) for periods between 15 minutes and 1 hour. This was the first significant rainfall after a very long dry summer and caused significant damage. Harris Place residents reported storm water of up to 0.5m in their homes. During the January 2012 event between 55mm and 66mm of rainfall was recorded within one hour. This rainfall exceeded the 100 year ARI for the 1 hour period. Numerous properties in Harris Place experienced flooding and damage to yards, sheds and a swimming pool. Shire Remedial Works Severe storm events have resulted in flooding of several properties and dwellings in Harris Place, particularly lots 9, 10, 14 and 15. The Shire of Serpentine Jarrahdale has undertaken remedial works to reduce the impact of flooding. These include: Redefining the flood storage area and swale behind Lot 8 Carex Walk. The flood storage area was enlarged and built up against the rear fences of Harris Place lots to prevent water sheeting into Lots 14 and 15 Harris place by increasing the storage volume before overflow. The storage volume was increased by approximately 70m 3 and provides additional protection for these lots in the 100-Year ARI event. Construction of a series of rock pools along the fire access track. These works have controlled the soil erosion along the access track and protect the flood storage area behind Lot 8 Carex Walk from sediment accumulation. Reinstating the Harris Place table drains, invert to invert. Replacing the Bullrich Retreat inlet structure with a raised grated inlet structure. Re-contouring the fire access track running north-south adjacent to the Serpentine National Park at the rear of Lot 11 and Lot 12 Bullrich Retreat to direct runoff into a disused gravel pit in the Serpentine National Park. Proposed Upgrades The following upgrades have been proposed by GHD: 1. To delay flow upstream, it is recommended that a 1 m levee be constructed at the northern edge of the disused gravel pit in the Serpentine National Park. This will allow for up to 4680 m3 of stormwater storage upstream and will reduce runoff entering the Harris Place flood storage area and ultimately will reduce peak flows and water levels in the Harris Place drainage system. Concept drawings of the levee have been prepared by GHD. The construction of a 1-meter levee at the northern edge of the disused gravel pit in the Serpentine National Park is essential for mitigating the flood impact caused by surface runoff coming from this catchment. 2. To direct runoff along the South West side of Harris Place, an overland flow path should be constructed between the bubble up pit in front of Lot 15 and the table drain in front of Lot 16. This could be achieved by lowering the bubble up pit to such an extent that the pit obverts level is at least 0.3 m below the road level and remodelling the driveway of Lot 15 with a slight depression (300 mm) to ensure water conveyance to the table drain. E13/1453 Agenda – Ordinary Council Meeting Page 26 22 April 2013 This overflow will act as a relief to the bubble up pit and is expected to flow only during storm events equal to or greater than the 5 year ARI. During a 100 year ARI event peak flow depth will not exceed 300 mm; an assessment of the velocity depth profile has shown that the overflow will not be safe for pedestrians to cross during this time. 3. To adequately convey runoff to Atkins Street, it is recommended that drainage infrastructure in Harris Place are upgraded. A sketched drainage plan has been prepared by GHD. This includes the replacement of pipes under lot crossovers and the upgrading of table drains on either side of Harris Place. Cross over pipes and table drains in Harris Place should be upgraded in order to minimise the risk of flooding. Future Upgrades There is currently no mechanism for upgrading the 300 mm pipe beneath Lot 15 Harris Place and no viable options for diverting flow elsewhere, therefore flooding through Lots 14 and 15 Harris Place during severe storm events cannot be prevented. If the Serpentine Jarrahdale Shire is able to obtain a drainage easement above the 300 mm pipe in the future it is recommended that this pipe be replaced/altered to significantly reduce the amount of water overflowing through Lots 14 and 15 Harris Place. The current options to limit flooding of lots 14 and 15 include: Replace the existing 300mm pipe with a 900 mm pipe connecting the basin to the bubble up pit. This solution presents the least impact to existing home owners; however the risk of pipe blockage is present with no overflow route except through homes. Regular maintenance is a requirement. Combine the 300 mm pipe with a spillway/swale as an overland flow route. The swale will need to be sized to accommodate a 100 year ARI overflow rate of 2.0m 3/sec with approximate dimensions of 800 mm depth and 1 in 4 side slopes giving a total width of 6.4-meters. The width could be reduced if an alternate side slope is used. This solution ensures, should the pipe fail, an overflow is available to drain the basin and not impact homes. The home owners will be required to cede substantial amounts of land for the swale. The detention basin at the rear of Lot 15 Harris Place is sized to detain up to the critical 5Year Average Recurrence Interval (ARI) storm event before overflow occurs. The 300mm diameter pipe extending from the drainage basin and passing through Lot 15 Harris Place does not provide adequate discharge capacity from the drainage basin. The peak flow rate this pipe can achieve is 0.258m3/sec, resulting in overflow downhill through Lots 14 and 15 Harris Place of 2.83m3/sec in the critical 100-Year ARI storm event. Flooding can only be mitigated if this pipe is upgraded from a diameter of 300mm to 900mm or a suitably sized rock lined swale is constructed to direct the overflow through Lot 15 Harris Place in a controlled manner. Maintenance Sedimentation of drains and culverts and flow blockages due to debris reduce the hydraulic capacity of the drainage network. It was recommended by GHD that regular maintenance be carried out to ensure that the design dimensions of table drains are preserved. Furthermore, the inlet of the 300mm pipe beneath Lot 15 Harris Place should be fitted with a device to prevent access by debris. Legal Implications The Shire has sought legal advice from McLeods Barristers and Solicitors with regard to the Harris Place flood matters. This legal advice includes a response to the questions raised by Council and Shire Officers and implications for insurance. McLeods Barristers and Solicitors has also recommended that implementation of drainage solutions needs to be the practical priority at this point in time. E13/1453 Agenda – Ordinary Council Meeting Page 27 22 April 2013 Risks Residents don’t undertake the upgrade of their culverts as recommended in the GHD report This risk can be addressed by advising residents of the need to upgrade the culverts. If the residents are not willing to undertake these works at their cost then the Shire may consider undertaking these works on their behalf. Cost recovery would need to be considered. Permission is not granted from DEC to use the disused gravel pit in Serpentine National Park for flood storage or install the 1m high levee. The Serpentine National Park is under the care and control of the Department of Environment and Conservation (DEC). The disused gravel pit is located within the National Park. Any proposed works to manage catchment run-off by diverting stormwater into the disused gravel pit will require approval from the DEC. The volume of stormwater reaching Harris Place can be reduced by diverting catchment run-off into the disused gravel pit. This will provide additional protection for residents in Harris Place. If additional storage cannot be obtained within the disused gravel pit by creating a 1 m levee bank as recommended by GHD, an alternative flood storage solution will need to be identified. This will be difficult to achieve due to the site constraints. An easement cannot be secured over the 300mm pipe within Lot 15 Harris Place. A drainage easement is an attachment to a property deed which states that access to part of the property is given to a third party, usually a local government, for the purpose of maintaining drainage. The drainage easement may include a culvert or drain which feeds into a drainage system or the easement may simply state that runoff needs to be allowed to flow freely over an area of the property. The easement cannot be lifted from the deed unless there are special circumstances, and it will be associated with the deed even when it is transferred or sold. Easements in general are used to address cases in which someone other than the property owner needs the right to access the property, and the easement comes with the right to use, but not full ownership rights. Easements are drafted by lawyers who work with the property owners and the parties who need access to ensure that the document is accurate and fair. In the case of a drainage easement, the easement benefits the property owner as much as it benefits anyone else. In order for the Shire drainage system to work effectively, the Shire needs to ensure that a drainage easement is in place so that Shire workers can access the private property in order to maintain and repair drainage areas. For example, if the 300mm pipe beneath Lot 15 Harris Place is damaged it allows the Shire to repair or replace the pipe. If the drainage system does not work properly, the property owner can be at risk of flooding and other problems. In exchange for allowing the Shire to access the property, the property owner gets to enjoy a property which drains freely and has a reduced risk of flooding. When a drainage easement is in place, there are restrictions on how the easement area can be used. Usually a property owner cannot re-grade the soil or build structures because this could impede the free flow of water over the property. If there is a culvert or pipe, trees cannot be planted over it, because their roots could block it. If a property owner wishes to change the terms of an easement, they must reach an agreement with the Shire which would hold the easement. E13/1453 Agenda – Ordinary Council Meeting Page 28 22 April 2013 Options and Implications It is recommended that Council pursue the implementation of the flood mitigation works outlined in the Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale – July 2012 – Revision B (GHD, 2012). It should be noted that complete protection from flooding is not possible unless the 300mm pipe passing under Lot 15 Harris Place is upgraded to a 900mm diameter pipe or a suitably sized overland flow path (i.e. rock lined swale) is constructed. Conclusion Council is requested to endorse and acknowledge the findings and recommendations outlined in the Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale – July 2012 – Revision B (GHD, 2012). ATTACHMENTS OCM184.1/04/13 - Flood Mitigation and Water Management Plan (IN12/11062) OCM184.2/04/13 - McLeods Barristers and Solicitors – Legal Advice (IN12/20722) OCM184.3/04/13 - Scope of Works – Harris Place and Chestnuts Estate (E13/1456) ALIGNMENT WITH OUR PLAN FOR THE FUTURE The Harris Place Flood Mitigation and Water Management Plan strategies are aligned with the objectives for Council’s Plan for the Future. Council’s Plan for the Future has placed an emphasis on the community being resilient to natural disasters and the Council recognising and engaging local residents in its decision making process. STATUTORY ENVIRONMENT The statutory responsibility for floodwater is significantly disaggregated. Planning for flood emergencies in Western Australia is undertaken in compliance with the Emergency Management Act 2005, s18. Additionally, the Emergency Management Regulations 2006 designate the Fire and Emergency Service Authority (FESA) as the Hazard Management Agency (HMA) for flood within Western Australia. WESTPLAN has been prepared to meet the State Emergency Management Committee (SEMC) planning requirements under the Emergency Management Act 2005. Other related documents include: Emergency Management Regulations 2006 Land Drainage Act 1925 Metropolitan Water Supply, Sewerage, and Drainage Act 1909 Planning and Development Act 2005 Rights in Water and Irrigation Act 1914 Under Section 9 of the Water Agencies (Powers) Act 1984, the Minister for Water Resources has the function of “developing plans for and providing advice on flood management”. Local government has the responsibility for prevention strategies for flood emergencies within Western Australia. E13/1453 Page 29 22 April 2013 Agenda – Ordinary Council Meeting Better Urban Water Management Framework The Better Urban Water Management Framework (WAPC, 2008) provides guidance on the implementation of State Planning Policy 2.9 Water Resources (Government of WA, 2006), which is a requirement of the State Water Strategy for Western Australia (Government of WA, 2003). It is designed to facilitate better management and use of our urban water resources by ensuring an appropriate level of consideration is given to the total water cycle at each stage of the planning system. The document intends to assist regional, district and local land use planning, as well as subdivision and development phases of the planning process. Flood management and community safety are relevant considerations within this framework. FINANCIAL IMPLICATIONS Council will need to allocate funds to undertake the drainage works recommended in the Flood Mitigation and Water Management Plan – Harris Place, Jarrahdale (GHD, 2012) and for works identified by residents as part of the community consultation workshop held on 5 March 2013. A business case will be presented to Council for consideration in the 2013/14 budget. It is expected that Council will need to allocate funds in the order of $300,000. The business case will take into account the budget implications, specifically highlighting the funding of the budget, long term financial implications and priority of works. VOTING REQUIREMENTS OCM184/04/12 Simple Majority OFFICER RECOMMENDATION That Council: 1. Endorse and acknowledge the findings and recommendations outlined in the Harris Place, Jarrahdale – Flood Mitigation and Water Management Plan – July 2012 – Revision B (GHD, 2012) (the Plan) as outlined in attachment OCM184.1/04/13. 2. Consider the allocation of funding in the 2013/14 financial year budget to implement the recommendations identified in the Plan and by residents at the community workshop held on 5 March 2013 as outlined in the Scope of Works in attachment OCM184.3.04/13. 3. Seek permission from the Department of Environment and Conservation to construct a 1-meter levee bank at the northern edge of the disused gravel pit in the Serpentine National Park. Works shall also include the stabilisation and revegetation of the levee bank to the satisfaction of the Department of Environment and Conservation. 4. Write to all affected landowners in Harris Place, Jarrahdale advising them of the Plan and Council’s Resolution. E13/1453 Agenda – Ordinary Council Meeting Page 30 22 April 2013 OCM185/04/13 REVIEW OF COUNCIL POLICY G907 - RECOGNITION OF ASSETS AND DEPRECIATION (SJ526) Author: Lisa Fletcher - Organisational Improvement Officer Senior Officer: Richard Gorbunow - Chief Executive Officer Date of Report: 2 April 2013 Disclosure of Officers No officer involved in the preparation of this report is required to Interest declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY Council is requested to adopt a revised Recognition of Assets and Depreciation Policy. RELEVANT PREVIOUS DECISIONS OF COUNCIL CGAM091/04/09 - Amendment to Council Policy G907 - Recognition of Assets COMMUNITY / STAKEHOLDER CONSULTATION No community consultation is required. REPORT This policy has been reviewed as it is important to effectively balance the administrative workload of recording and maintaining a reliable Asset Register with the risk and compliance issues attaching to the proper classification of capital expenditure. The threshold amounts in the list of assets have been increased as these figures have remained the same since 2000 and have become inefficient to administer. The policy has also been renumbered to ensure consecutive numbering in the Our Council at Work Policy Manual. CONCLUSION It is recommended that Council adopt the revised Policy G009 - Recognition of Assets and Depreciation. ATTACHMENTS OCM185.1/04/13 - Current Policy G907 (E13/1338) OCM185.2/04/13 - Proposed Policy G009 (E13/1340) ALIGNMENT WITH OUR PLAN FOR THE FUTURE Council’s Plan for the Future has placed an emphasis on achieving sustainability by exercising responsible financial and asset management cognisant of being a hyper-growth Council. E13/1453 Page 31 22 April 2013 Agenda – Ordinary Council Meeting STATUTORY ENVIRONMENT Local Government Act 1995 - Part 6 Financial Management FINANCIAL IMPLICATIONS There are no financial implications relating to this report. VOTING REQUIREMENTS OCM185/04/13 ABSOLUTE MAJORITY OFFICER RECOMMENDATION That Council adopts revised Policy G009 - Recognition of Assets and Depreciation as per attachment OCM185.2/04/13. E13/1453 Agenda – Ordinary Council Meeting OCM186/04/13 Author: Senior Officer: Date of Report: Disclosure of Officers Interest: Page 32 22 April 2013 PROPOSED NEW POLICIES – LEASE AND LICENCE MANAGEMENT AND COMMUNITY GROUP RATING (SJ526) Alan Hart - Director Corporate Services Richard Gorbunow - Acting Chief Executive Officer 4 April 2013 No officer involved in the preparation of this report is required to declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY A report on the proposed new policies was presented to the Ordinary Council Meeting on 11 February 2013, at which time it was resolved to defer the item until the 22 April 2013 Council meeting to enable all Councillors to be briefed on the two policies. This occurred at the Councillor Information Day on 9 April 2013 and this item is now being re-presented for Councillors’ consideration. Currently, the Shire has no policies in relation to entering into leases or licences and each agreement is individually negotiated. This situation creates inequities within the community by creating individual leases or licence agreements and is expensive and time consuming for both the Shire and the lessee. The Lease and Licence Management Policy will provide a framework which will give staff clear direction on the basis to offer a lease or licence agreement and clearly sets out the expectations set by Council and the responsibilities of the lessee to contribute/maintain the facility or land being leased/licensed. The Community Group Rating Policy addresses an issue that results from the Shire entering into lease agreements where, under the Local Government Act, the property becomes rateable as a result of entering into a lease agreement. RELEVANT PREVIOUS DECISIONS OF COUNCIL OCM132/02/13 – Proposed New Policies – Lease and Licence Management and Community Group Rating COMMUNITY / STAKEHOLDER CONSULTATION No community consultation was required. REPORT Council has many lease/licence agreements in place and a policy such as this is long overdue. The ad-hoc approach that is currently being applied is very time consuming, resource hungry and expensive to both community groups and the Shire. This policy will standardise documents, potentially negate the need for expensive property valuations and provide certainty of land tenure by specifying the maximum term available to the lease. The Community Group Rating Policy allows the Council to provide rate concessions to community groups that would normally be charged Local Government Rates as a result of the Shire entering into a lease agreement with the community group. Under Section 3.58 of the Local Government Act, the act of entering into a lease agreement constitutes a ‘Disposition of Property’ and Section 6.26 defines ‘Rateable Land’. E13/1453 Page 33 22 April 2013 Agenda – Ordinary Council Meeting With the Shire entering into a lease, the property that is subject to the lease agreement, is no longer used for municipal purposes, therefore becomes rateable. This proposed policy provides support to the community group by providing a general rate concession to the community group. It is recommended that Council adopt both the proposed policies. ATTACHMENTS OCM186.1/04/13 - Proposed Lease and Licence Management Policy (E13/248) OCM186.2/04/13 - Proposed Community Group Rating Policy (E13/460) ALIGNMENT WITH OUR PLAN FOR THE FUTURE The Plan for the Future places an emphasis on Community by encouraging our community groups to be active in the community and for the Shire to provide facilities for these groups to be active at a reasonable cost. STATUTORY ENVIRONMENT Section 3.58, Local Government Act (1995) - Disposition of Property Section 6.26, Local Government Act (1995) - Rateable Land Section 6.47, Local Government Act (1995) - Concessions. FINANCIAL IMPLICATIONS This policy will reduce Council’s costs in relation to the preparation of lease/licence agreements as they will all be offered and prepared based on standard conditions and template documents. In addition, there will no longer be a need for Council to obtain independent valuations each time a lease / licence agreement is prepared which is a cost reduction for both the Shire and community groups. Where Council enters into a lease agreement, Council owned properties are subject to being charged rates as the property is deemed under the Local Government Act as being not under the care and control of the Municipality and therefore not exempt from rates and charges. To put this into perspective, the impact on a property that is subject to a lease agreement and is in the final stages of negotiation, will become rateable once the lease agreement is entered into and it is estimated that the annual rates on this property would be in the order of $3100 per annum, based on a Gross Rental Valuation of $35,000. The proposed Community Group Rating Policy will provide eligible community groups a concession equivalent to the annual rates. VOTING REQUIREMENTS OCM186/04/13 ABSOLUTE MAJORITY OFFICER RECOMMENDATION That Council: 1. Adopt Council Policy G007 - Lease and Licence Management Policy as per attachment OCM186.1/04/13. 2. Adopt Council Policy SEG02 – Community Group Rating Policy as per attachment OCM186.2/04/13. E13/1453 Page 34 22 April 2013 Agenda – Ordinary Council Meeting 10. INFORMATION REPORTS: OCM187/04/13 Author: Senior Officer: Date of Report: Disclosure of Officers Interest: CHIEF EXECUTIVE OFFICER INFORMATION REPORT Trish Kursar - Personal Assistant to the Chief Executive Officer Richard Gorbunow - Chief Executive Officer 4 April 2013 No officer involved in the preparation of this report is required to declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY The purpose of this report and associated attachments is to provide information to Councillors relating to recent activity regarding operational matters that need to be reported to Council either through a statutory mechanism or as information. The following details are provided to Councillors for information only. ATTACHMENTS OCM187.1/04/13 - Councillor Information Day (E12/8003) OCM187.2/04/13 - Common Seal Register Report (E02/5614) OCM187.3/04/13 - Minutes of WALGA Peel Zone Meeting (IN13/5504) OCM187.4/04/13 - Minutes of WALGA State Council Meeting (IN13/4398) VOTING REQUIREMENTS OCM187/04/13 Simple Majority OFFICER RECOMMENDATION That Council accept the Chief Executive Officer Information Report to March 2013. E13/1453 Page 35 22 April 2013 Agenda – Ordinary Council Meeting OCM188/04/13 Author: Senior Officers: Date of Report: Disclosure of Officers Interest: DEVELOPMENT SERVICES INFORMATION REPORT Jodie Evans - Personal Assistant to the Director Development Services Tony Turner - Manager Health, Rangers and Compliance Louise Hughes - Manager Statutory Planning Brad Gleeson - Director Development Services 21 March 2013 No officer involved in the preparation of this report is required to declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY The purpose of this report and associated attachments is to provide information to Councillors relating to recent activity regarding operational matters that need to be reported to Council either through a statutory mechanism or as information. The following details are provided to Councillors for information only. ATTACHMENTS OCM188.1/04/13 - Building - Delegated Authority (E13/1035) OCM188.2/04/13 - Health, Rangers and Development Compliance Delegated Authority (E13/1267) OCM188.3/04/13 - Planning - Delegated Authority (E13/1264) OCM188.4/04/13 - Statutory Planning Report (E12/3985) VOTING REQUIREMENTS Simple Majority OCM188/04/13 OFFICER RECOMMENDATION That Council accept the Development Services Information Report for April 2013. E13/1453 Page 36 22 April 2013 Agenda – Ordinary Council Meeting OCM189/04/13 Author: CORPORATE SERVICES INFORMATION REPORT Erin Noble – Finance Officer (Accounts Payable) Kathleen Duncan – Finance Officer (Payroll) Melissa Armitage – Finance Officer (Special Projects) Senior Officer: Alan Hart - Director Corporate Services/Strategic Community Planning Date of Report: 21 March 2013 Disclosure of Officers No officer involved in the preparation of this report is required to Interest: declare an interest in accordance with the provisions of the Local Government Act DELEGATED AUTHORITY (A0039-02) 17/01/2013 05/02/2013 21/02/2013 26/02/2013 26/02/2013 26/02/2013 26/02/2013 CG07 CG07 CG07 CG07 CG07 CG07 CG07 28/02/2013 CG19 28/02/2013 28/02/2013 28/02/2013 CG07 CG07 CG07 26/02/2013 05/03/2013 CG07 CG19 07/03/2013 CG07 07/03/2013 CG07 07/03/2013 CG19 13/03/2013 CG07 14/03/2013 14/03/2013 CG07 CG07 14/03/2013 CG19 18/03/2013 CG19 18/03/2013 CG19 E13/1453 Payment of EFT29382 Payment of EFT29896 Payment of Cheque 43208 Payment of EFT29817 Payment of EFT29818 Payment of EFT29819 Payment of EFT29820 to EFT29821 Reinvestment of Investment Account Number 144306511 for the purpose of Restricted Funds – Grange Meadows Payroll Payment of EFT29822 to 28894 Payment of Cheque 43209 to 43214 Payment of EFT29895 Reinvestment of Investment Account Number 836088 for the purpose of Municipal Funds Payment of EFT29897 to EFT29953 Payment of Cheque 43215 to 43250 Reinvestment of Investment Account Number 821707 for the purpose of Municipal Funds Payment of Cheque 43251 to 43256 Payroll Payment of EFT29954 to EFT 30020 Withdrawal of Municipal Investment Account Number 970016142 Investment of Investment Account Number 9830-22496 for the purpose of Restricted Funds – Byford Youth Forum Reinvestment of Investment Account Number 757167 for the purpose of Municipal Funds 17,800.12 4731.86 300.00 50.00 50.00 4,023.35 23,238.43 CM and US CM and US CM and BG CM and US CM and US CM and US CM and US 22,631.76 RG and BG 235,950.61 351335.14 11,157.76 CM and US CM and US CM and BG 954.04 509,432.18 CM and US AH and BG 202,868.11 CM and BG 25,534.08 CM and BG 406,557.50 AH and BG 11,989.50 CM and BG 232278.88 389,723.61 CM and BG BG and CM 515,430.39 AH and BG 8427.59 AH and BG 513,470.31 AH and BG Page 37 22 April 2013 Agenda – Ordinary Council Meeting 18/03/2013 CG19 19/03/2013 19/03/2013 19/03/2013 19/03/2013 19/03/2013 19/03/2013 19/03/2013 21/03/2013 CG07 CG07 CG07 CG07 CG07 CG07 CG07 CG07 21/03/2013 CG07 VOTING REQUIREMENTS: OCM189/04/13 Investment of Investment Account for the purpose of Municipal Funds Payment of EFT30021 Payment of EFT30022 Payment of EFT30023 Payment of EFT30024 Payment of EFT30025 Payment of EFT30026 Payment of EFT30027 Payment of EFT30028 to EFT30080 Payment of Cheque 43257 to 43287 1,000,000.0 0 4,355.15 17,527.97 4,701.88 159.22 79.70 50.00 5,704.41 277,197.12 AH and BG 31,396.48 CM and AH CM and BG CM and BG CM and BG CM and BG CM and BG CM and BG CM and BG CM and BG Simple Majority OFFICER RECOMMENDATION That Council receive the Corporate Services Information Report for March 2013. E13/1453 Page 38 22 April 2013 Agenda – Ordinary Council Meeting OCM190/04/13 Author: Senior Officer: Date of Report: Disclosure of Officers Interest: ENGINEERING SERVICES INFORMATION REPORT Vanessa Slater – Natural Reserves Coordinator Uwe Striepe – Acting Director Engineering Services 4 April 2013 No officer involved in the preparation of this report is required to declare an interest in accordance with the provisions of the Local Government Act EXECUTIVE SUMMARY The purpose of this report and associated attachments is to provide information to Councillors relating to recent activity regarding operational matters that need to be reported to Council either through a statutory mechanism or as information. The following details are provided to Councillors for information only. ATTACHMENTS OCM190.1/04/13 - Shire Reserves Working Group Minutes (E13/1376) OCM190.2/04/13 - Trails Inc Minutes (E13/1375) VOTING REQUIREMENTS OCM190/04/13 Simple Majority OFFICER RECOMMENDATION That Council accept the Engineering Services Information Report for April 2013. E13/1453 Agenda – Ordinary Council Meeting 11. URGENT BUSINESS: 12. COUNCILLOR QUESTIONS OF WHICH NOTICE HAS BEEN GIVEN: 13. CLOSURE: E13/1453 Page 39 22 April 2013