SHIRE OF YORK · MINUTES – ORDINARY COUNCIL MEETING – 21 DECEMBER 2015 6 1.5 Declarations of Interest that Might Cause a Conflict Financial Interests Cr Tricia Walters – Item

UNCONFIRMED

SHIRE OF YORK

MINUTES OF THE ORDINARY MEETING OF THE COUNCIL

HELD ON 21 DECEMBER, 2015 COMMENCING AT 5.04PM IN COUNCIL CHAMBERS, YORK TOWN HALL, YORK

Distributed 23 December, 2015

MINUTES – ORDINARY COUNCIL MEETING – 21 DECEMBER 2015 2


Table of Contents

1. OPENING ........................................................................................................................... 5 1.1 Declaration of Opening ............................................................................................... 5 1.2 Disclaimer ................................................................................................................... 5 1.3 Standing Orders .......................................................................................................... 5 1.4 Announcement of Visitors ........................................................................................... 5 1.5 Declarations of Interest that Might Cause a Conflict .................................................... 6 Financial Interests .................................................................................................... 6 Disclosure of Interest that May Affect Impartiality ................................................. 6

2. ATTENDANCE ................................................................................................................... 6

2.1 Members ..................................................................................................................... 6 2.2 Mentoring/Monitoring Panel ........................................................................................ 6 2.3 Staff ............................................................................................................................ 6 2.4 Apologies .................................................................................................................... 6 2.5 Leave of Absence Previously Approved ...................................................................... 6 2.6 Number of People in Gallery at Commencement of Meeting ....................................... 6

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ......................... 6

3.1 Previous Public Questions Taken on Notice................................................................ 6 4. PUBLIC QUESTION TIME .................................................................................................. 7

4.1 Written Questions – Current Agenda .......................................................................... 7 4.2 Public Question Time .................................................................................................. 7

5. APPLICATIONS FOR LEAVE OF ABSENCE .................................................................... 8 6. PETITIONS / PRESENTATIONS / DEPUTATIONS ............................................................ 8 7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ............................................. 9

7.1 Minutes of the Ordinary Council Meeting held November 23, 2015 ............................. 9 8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION ........................ 9 9. OFFICERS’ REPORTS ....................................................................................................... 9

9.1 Development Services ............................................................................................ 11 9.2 Administration Reports .......................................................................................... 11 9.2.1 Ordinary Council Meeting Dates - 2016 ............................................................. 11 9.2.2 Results Of Extraordinary Election ..................................................................... 15 9.3 Works Reports ........................................................................................................ 17 9.3.1 RFQ – Supply and Delivery of one Tandem Axle Tip Truck and Trade or

Outright Purchase of Tandem Axle Tip Truck .................................................. 17 9.3.2 RFT 03-1516 York Recreation and Convention Centre Car Park Civil Works . 21 9.4 Financial Reports .................................................................................................... 27 9.4.1 Monthly Financial Reports – November 2015 ................................................... 27 9.4.2 Investments – November 2015........................................................................... 29 9.4.3 Annual Financial Report For The Year Ended 30 June 2015 ........................... 31


9.5 Cultural Heritage Reports ....................................................................................... 35 9.6 Late Reports ............................................................................................................ 35 9.7 Confidential Reports ............................................................................................... 37 9.7.1 Close the Meeting ............................................................................................... 37 9.7.2 Australia Day Awards ......................................................................................... 39 9.7.3 Request for Reimbursement of Legal Fees ...................................................... 41 9.7.4 Open the Meeting ............................................................................................... 43

10. NEXT MEETING ............................................................................................................... 45 11. CLOSURE ........................................................................................................................ 45


SHIRE OF YORK

THE ORDINARY MEETING OF THE COUNCIL HELD ON MONDAY, 21 DECEMBER, 2015, COMMENCING

AT 5.04PM IN COUNCIL CHAMBERS, YORK TOWN HALL, YORK The York Shire Council acknowledges the traditional owners of the land on which this meeting will be held. Cr Patricia Walters was Sworn In before the commencement of the meeting. 1. OPENING

1.1 Declaration of Opening

Cr David Wallace, Shire President, declared the meeting open at 5.04pm. 1.2 Disclaimer

The Shire President advised the following:

“I wish to draw attention to the Disclaimer Notice contained within the agenda document and advise members of the public that any decisions made at the meeting today, can be revoked, pursuant to the Local Government Act 1995.

Therefore members of the public should not rely on any decisions until formal notification in writing by Council has been received. Any plans or documents in agendas and minutes may be subject to copyright. The express permission of the copyright owner must be obtained before copying any copyright material.”

1.3 Standing Orders

Clause 3.2 – Order of Business Motion Not Put 1.4 Announcement of Visitors

Ms Jenni Law, Department of Local Government & Communities; Cr Karen Chappel, Shire President, Shire of Morawa


1.5 Declarations of Interest that Might Cause a Conflict

Financial Interests Cr Tricia Walters – Item 9.7.3 – Request for Reimbursement of Legal Fees – Party named in the Fitzgerald Report

Disclosure of Interest that May Affect Impartiality

Cr Tricia Walters – Item 9.3.2 – RFT 03-1516 YRCC Car Park Civil Works – Lives across the street from the YRCC

Cr David Wallace – Item 9.3.2 – RFT 03-1516 YRCC Car Park Civil Works – Life Member of the Hockey Club which is situated within the YRCC complex

Cr Pam Heaton – Item 9.7.2 – Australia Day Awards – Husband is Secretary and presenter at York 101/3 Radio Station. Cr Heaton is a financial member

Cr Heather Saint – Item 9.7.3 – Request for Reimbursement of Legal Fees – Mentioned in the Fitzgerald Report

Cr Denese Smythe – Item 9.7.3 – Request for Reimbursement of Legal Fees – Applicant was the Shire President at which time Cr Smythe was the Deputy and had a close association with the applicant

2. ATTENDANCE 2.1 Members

Cr David Wallace, Shire President; Cr Denese Smythe, Deputy Shire President; Cr Heather Saint; Cr Pam Heaton; Cr Jane Ferro; Cr Trevor Randell; Cr Tricia Walters

2.2 Mentoring/Monitoring Panel Ms Jenni Law, Department of Local Government & Communities; Cr Karen Chappel, Shire President, Shire of Morawa

2.3 Staff Mark Dacombe, Acting Chief Executive Officer; Allan Rourke, Manager Works & Services, Gail Maziuk, Compliance/Human Resources; Tabitha Bateman, Financial Controller; Gordon Tester, Manager Development Services; Helen D’Arcy-Walker, Executive Support Officer

2.4 Apologies

Nil

2.5 Leave of Absence Previously Approved Nil

2.6 Number of People in Gallery at Commencement of Meeting There were 13 people in the Gallery at the commencement of the meeting

3. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

3.1 Previous Public Questions Taken on Notice Ms Darlene Barratt Question 4: Who has been paying the rates on the Horley Street property from the death of the owner in 1947 identified in May 2007 Shire Minutes and then his immediate descendants deaths in 1980 until 2009/2010 when the rates were unpaid until now?


Response: The property was identified during a revaluation in 2009. No rates were raised on the property prior to the 1st July, 2009. Rates on this property have never been paid.

4. PUBLIC QUESTION TIME

The Presiding Member read the following statement in full at the commencement of Public Question Time:

Statement by the Presiding Member at the Opening of Public Question Time at Ordinary and Special Council Meetings

“Public Question Time is provided for under the provisions of Section 5.24 of the Local Government Act and the Local Government (Administration) Regulations 1996. To provide equal opportunity for people to ask questions a limit of two (2) questions per person per time will be applied. Procedures

Public Question Time is limited to 15 minutes but may be extended by resolution of the Council

Questions submitted in writing prior to the meeting about matters on the agenda for the meeting will be dealt with initially.

Questions from the floor will be taken in the order recorded in a register.

Statements or long preambles are not permitted.

Questions requiring research will be taken on notice and a response will be prepared in a reasonable timeframe. The original questions and the response will be included in the Agenda and Minutes of the next Ordinary Council meeting.

Questions containing offensive remarks, reference to the personal affairs or actions of Elected Members or staff, or which relate to confidential matters or legal action will not be accepted. Questions that the Presiding Member considers have been answered by earlier questions at the meeting or earlier meetings may not be accepted.

The minutes may only record a summary of the question asked and the response given.

Where possible oral questions asked should be submitted in writing at the completion of question time or at the end of the meeting.

At Special Council Meetings questions must relate to the items on the Agenda. PRESIDING OFFICER 21 December 2015

4.1 Written Questions – Current Agenda Nil

4.2 Public Question Time

Public Question Time commenced at 5.05pm Ms Darlene Barratt Question 1: Item 9.4.3 – how much have we paid Macri to carry out the Audit?


Response: Through the Chair – the Financial Controller responded that it was approximately $18,000 and will respond with the actual figure. Question 2: Why are we paying for an Unqualified Opinion? Response: The Acting CEO replied that an Unqualified Opinion is a good thing. It means that everything to do with the accounts is in order. Question 3: Why is it not a Qualified Opinion? Response: The Acting CEO replied that if the report was Qualified it would state that the Council had done something incorrectly or had breached a legislative proviso. Mr Mike Gill Question 1: Is the York Shire Council happy with the standard of new roads that were built in 2015 by the York Shire? Response: The Acting CEO replied that the Council had not considered that question. The Shire President stated it was up to the new Council to inspect the roads. In February the Council will undertake a bus trip with the Roads Advisory Group to look at the roads. Mr Gill offered his services as a chartered Engineer. The Shire President thanked him for the offer. Ms Darlene Barratt Question 4: With regards to 1 Horley Street, as mentioned at the last Ordinary Council Meeting – can documentation be put with the report to show that it actually a road and not Lot 1? Response: Taken on Notice Public Question Time concluded at 5.13pm

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil 6. PETITIONS / PRESENTATIONS / DEPUTATIONS

Nil


7. CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS 7.1 Minutes of the Ordinary Council Meeting held November 23, 2015

Corrections Confirmation

RESOLUTION 011215 Moved: Cr Ferro Seconded: Cr Heaton “That the minutes of the Ordinary Council Meeting held November 23, 2015 be confirmed as a correct record of proceedings.”

CARRIED: 7/0

8. ANNOUNCEMENTS BY PRESIDING MEMBER WITHOUT DISCUSSION

Nil

9. OFFICERS’ REPORTS



9.1 Development Services Nil

9.2 Administration Reports 9. OFFICER’S REPORTS 9.2 ADMINISTRATION REPORTS 9.2.1 Ordinary Council Meeting Dates - 2016 FILE NO: COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 LOCATION/ADDRESS: N/A APPLICANT: Shire of York SENIOR OFFICER: Mark Dacombe, A/CEO REPORTING OFFICER: Mark Dacombe, A/CEO DISCLOSURE OF INTEREST: Nil APPENDICES: Nil DOCUMENTS TABLED: Nil

REPORT APPROVED BY THE A/CEO: Mark Dacombe

Summary: The aim of this report is to set in advance the dates for the Ordinary Council Meetings to be held in 2016. Keeping the dates in line with the previous year (fourth Monday of every month) creates a commonality and also allows the administration to prepare reports & agendas within the specified time frame. Background: Commencing in 2015 Ordinary Council Meetings are now held on the fourth Monday of each month. The change to the fourth Monday of the month was to enable adequate time for the preparation of agendas and allow for a briefing of Councillors w week prior to the Ordinary Council meeting. The dates for the Ordinary Council Meetings are advertised in the local paper, on the Shire notice boards and it is published on the Shire’s website. Consultation: Acting Chief Executive Officer Councillors Statutory Environment: Local Government Act 1995 – Section 5.5 (1) – The Chief Executive Officer is to convene an ordinary meeting by giving each Council Member at least 72 hours notice of the date, time and place of the meeting and an agenda for the meeting. Local Government (Administration) Regulations 1996 12-Public Notice of Council or Committee Meetings – Section 5.25(g)


(1) At least once each year a local government is to give local public notice of the dates on which and the time and place at which –

(a) the ordinary council meetings,

(b) the committee meetings that are required under the Act to be open to members

of the public or that are proposed to be open to members of the public,

(c) are to be held in the next 12 months (2) A local government is to give local public notice of any change to the date, time or place

of a meeting referred to in subregulation(1). (3) Subject to subregulation (4), if a special meeting of a council is to be open to members of

the public then the local government is to give local public notice of the date, time, place and purpose of the special meeting.

(4) If a special meeting of a council is to be open to members of the public but in the CEO’s opinion, it is not practicable to give local public notice of the matters referred to in subregulation (3), then the local government is to give public notice of the date, time place, and purpose of the special meeting on the manner and to the extent that in the CEO’s opinion is practicable.

Policy Implications: Not Applicable Financial Implications: Nil Strategic Implications: Nil Voting Requirements: Absolute Majority Required: No Site Inspection: Site Inspection Undertaken: Not Applicable Triple bottom Line Assessment: Economic Implications: Not Applicable Social Implications: Scheduling the meetings of the Council several months ahead enables those citizens who would like to attend to plan well in advance. It also enables those who may have an item or items on to be submitted to Council to have some clarity as to when an item may be considered. Environmental Implications: Not Applicable Officer Comment: There are five (5) public holidays in 2016 on the fourth Monday of the month – 25 January (Australia Day), 28 March (Easter), 25 April (ANZAC day), 26 September (Queen’s Birthday) and 26 December (Boxing Day). It is proposed that the January 2016 meeting be held on 27 January and that the meetings that would otherwise fall on the holiday Mondays be moved to the third Monday of the month.


OFFICER RECOMMENDATION “That Council: Approve the Ordinary Council Meeting schedule for 2016. Council Meeting Date Meeting Place & Time 27 January 2016 5.00pm Council Chambers, York Town Hall, York 22 February 2016 5.00pm Council Chambers, York Town Hall, York * 21 March 2016 5.00pm Council Chambers, York Town Hall, York * 18 April 2016 5.00pm Council Chambers, York Town Hall, York 23 May 2016 5.00pm Talbot Hall, Talbot 27 June 2016 5.00pm Council Chambers, York Town Hall, York 25 July 2016 5.00pm Council Chambers, York Town Hall, York 22 August 2016 5.00pm Council Chambers, York Town Hall, York * 19 September 2016 5.00pm Council Chambers, York Town Hall, York 24 October 2016 5.00pm Greenhills Hall, Greenhills 28 November 2016 5.00pm Council Chambers, York Town Hall, York * 19 December 2016 5.00pm Council Chambers, York Town Hall, York * Due to Public Holidays Council Meetings will be held the third Monday of the Month.” RESOLUTION 021215 Moved: Cr Smythe Seconded: Cr Walters “That Council: Approve the Ordinary Council Meeting schedule for 2016. Council Meeting Date Meeting Place & Time 28 January 2016 5.00pm Council Chambers, York Town Hall, York 22 February 2016 5.00pm Council Chambers, York Town Hall, York * 21 March 2016 5.00pm Council Chambers, York Town Hall, York * 18 April 2016 5.00pm Council Chambers, York Town Hall, York 23 May 2016 5.00pm Talbot Hall, Talbot 27 June 2016 5.00pm Council Chambers, York Town Hall, York 25 July 2016 5.00pm Council Chambers, York Town Hall, York 22 August 2016 5.00pm Council Chambers, York Town Hall, York * 19 September 2016 5.00pm Council Chambers, York Town Hall, York 24 October 2016 5.00pm Greenhills Hall, Greenhills 28 November 2016 5.00pm Council Chambers, York Town Hall, York * 19 December 2016 5.00pm Council Chambers, York Town Hall, York * Due to Public Holidays Council Meetings will be held the third Monday of the Month.”

CARRIED: 7/0

The Officer Recommendation was amended to change the January Ordinary Council meeting date to the Thursday so the Ordinary Council meeting was not directly following a Public Holiday



9. OFFICER’S REPORTS 9.2 ADMINISTRATION REPORTS 9.2.2 Results Of Extraordinary Election FILE NO: COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 LOCATION/ADDRESS: N/A APPLICANT: N/A SENIOR OFFICER: M Dacombe, Acting Chief Executive Officer REPORTING OFFICER: M Dacombe, Acting Chief Executive Officer DISCLOSURE OF INTEREST: Nil APPENDICES: Notice Of Result DOCUMENTS TABLED: Nil


Summary: This report notifies the result of the extraordinary election that was to be conducted on 15 January 2016. Background: An extraordinary election was to be conducted by postal vote on Friday, 15 January 2016 for the single vacancy for the Shire of York. At close of nominations on 9 December 2016 there was one nomination received. Patricia WALTERS was therefore declared elected unopposed as Councillor for the Shire of York and will hold office until 21 October 2017. Consultation: The election process was conducted by Returning Officer, Garry Hawkes, for the Western Australian Electoral Commission Statutory Environment: Local Government Act 1995 Part 4 Policy Implications: Nil Financial Implications: Not known at the time of writing. Strategic Implications: Nil Voting Requirements: Absolute Majority Required: No Site Inspection: Site Inspection Undertaken: Not Applicable Triple bottom Line Assessment: Economic Implications: Not Applicable


Social Implications: Not Applicable Environmental Implications: Not Applicable Officer Comment: Councillor Patricia Walters was sworn in by the Shire President, David Wallace on 14 December 2015

RESOLUTION 031215 Moved: Cr Saint Seconded: Cr Heaton “That Council: Receive the declaration by the Returning Officer and thank the Western Australian Electoral Commission for conducting the election.”

CARRED: 7/0


9.3 Works Reports 9. OFFICER’S REPORTS 9.3 WORKS REPORTS 9.3.1 RFQ – Supply and Delivery of one Tandem Axle Tip Truck and Trade or

Outright Purchase of Tandem Axle Tip Truck FILE NO: AS.QTN.3 COUNCIL DATE: 21 December 2015 REPORT DATE: 2 December 2015 LOCATION/ADDRESS: Shire of York APPLICANT: Not applicable SENIOR OFFICER: Mark Dacombe (A/CEO) REPORTING OFFICER: Allan Rourke (MWS) DISCLOSURE OF INTEREST: Nil APPENDICES: Appendices are Confidential and for Councillors Only DOCUMENTS TABLED: Nil


Summary: To consider quotes received for the supply and delivery of one tandem axle tip truck and trade or outright purchase of tandem axle tip truck. Background: The 2015/16 adopted budget provides funds for the replacement of the tandem axle tip truck (Y345). Submissions were requested through WALGA E- Quotes Preferred Supplier Program on Monday 16 November 2015. Vendor responses closed at 5.00pm Monday 30 November 2015. Five suppliers replied to the Request For Quotes (RFQ) and six quotes were received.

Major Motors

WA Hino Sales and Service

Daimler Trucks Perth

Truck Centre WA

UD Trucks

Company Make Model Score

(%)

Major Motors Isuzu Giga CXZ 455 Premium 75

WA Hino Sales and Service

Hino FS 2844 700

Series 96

Daimler Trucks Perth Fuso FV51SK5VFAA 87

Truck Centre WA Volvo FMX 57

Truck Centre WA Mack Granite 59

UD Trucks UD GW26420KAL 69


The quotes were assessed using an assessment matrix as shown below:

Description of Qualitative Criteria Weighting

Tender price 80%

Warranty 10%

Service facilities / backup 10% Request For Tender (RFT) 027_15 Disposal of One Hino 700 was advertised in The West Australian and on WALGA’s e-tendering portal on Wednesday 18 November 2015 and closed on 5.00pm Monday 30 November 2015. Five tenders for the outright purchase were received from the following organisations. The quotes were assessed using an assessment matrix as shown below:

Description of Qualitative Criteria Weighting

Tender price 100%

The assessment matrix allows the quotes to be evaluated in an objective manner where the tenderer with the highest overall points may be considered to be the most advantageous quote. This is to be used as a guide only during the assessment and is not necessarily binding.

The 2015/16 Budget has allocated $215,000.00 for the purchase and $50,000.00 for the proceeds from the sale of Y345 tandem truck.

Consultation: Nil Statutory Environment: Local Government (Functions and General) Regulations 1996 – REG 11 11. When tenders have to be publicly invited

(2)Tenders do not have to be publicly invited according to the requirements of this Division if —

(b) the supply of the goods or services is to be obtained through the WALGA

Preferred Supplier Program; Policy Implications: In accordance with the Shire of York Purchasing Policy.

Company Score

(%)

Smith Broughton and Sons 63

Sandalwood Plantation & Export Company Pty. Ltd

71

Pickles Auctions 76

Allused PL 42

Able Innovators 36


Financial Implications: Council has budgeted for a $165,000 changeover cost and with the actual changeover being $101,809 there will be a saving of $63,191. Strategic Implications: Nil Voting Requirements: Absolute Majority Required: No Site Inspection: Site Inspection Undertaken: Not Applicable Triple bottom Line Assessment: Economic Implications: Not Applicable Social Implications: Nil Environmental Implications: Nil Officer Comment: WA Hino Sales and Service have quoted the lowest price and have complied with the specification requirements. All suppliers have submitted conforming quotes therefore, best value for money dictates that the RFQ be awarded to WA Hino Sales and Service. The Shire of York currently have five Hino trucks in its fleet. It would be unviable to accept the tender for the outright purchase as the trade price is higher.

RESOLTION 041215 Moved: Cr Randell Seconded: Cr Ferro “That Council: Award the RFQ for the supply and delivery of one tandem axle tip truck and the trade or outright purchase of tandem axle tip truck to WA Hino Sales and Service for a Hino Fs 2844 700 Series truck for a cost of $185,445 (ex GST) and the trade of the Hino Y345 truck for a cost of $83,636 (ex GST) giving a changeover price of $101,809 (ex GST).”

CARRIED: 7/0



9. OFFICER’S REPORTS 9.3 WORKS REPORTS Disclosure of Interest: Cr Tricia Walters – Proximity Interest – Cr Walters lives across the road from the YRCC Cr David Wallace – Impartial Interest – Cr Wallace is a Life Member of the Hockey Club which is situated within the YRCC complex 9.3.2 RFT 03-1516 York Recreation and Convention Centre Car Park Civil Works FILE NO: COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 LOCATION/ADDRESS: York Recreation and Convention Centre APPLICANT: Shire of York SENIOR OFFICER: Mark Dacombe (A/CEO) REPORTING OFFICER: Allan Rourke (MWS) DISCLOSURE OF INTEREST: Cr Walters – Proximity Cr David Wallace - Impartial APPENDICES: Nil DOCUMENTS TABLED: Nil


Summary: To consider tenders received for the York Recreation and Convention Centre Car Park. Background: Tender 03-1516 York Recreation and Convention Centre Car Park Civil Works, was advertised in the West Australian on Saturday 7 November 2015, Tenderlink and the Shire of York website on Monday 9 November 2015. Tenders closed at 3.00pm on Tuesday 1 December 2015. At the time of closing of tenders, a total of nine tenders were submitted. The names of the tenderers were as follows:

1. Industrial Road Pavers 2. Macfield Civil 3. WCP Civil 4. Dowsing 5. Castle Civil 6. Grove Design and Construct 7. Ozwest Civil 8. Happy Excavations 9. Tactile Indicators Perth

The Shire of York requested tenders for the civil works associated with a road upgrade and carpark construction at the York Recreation and Convention Centre. The proposed works consisted of three separable portions:

1. Upgrade of Barker Street 2. Construction of an 80 bay car park; and 3. Construction of a 130 bay car park

It was intended that the separable portions to proceed under the contract would be decided upon receipt of tenders and confirmation of funding.


Tenders were required to be lodged with the following documents included: 1. Completed forms 1 to 6; 2. A brief methodology for completing the works including:

a) Draft works programme showing critical path activities; b) The tenderer’s current commitments; c) A statement regarding the tenderer’s capability to complete the proposed works

within the agreed timeframes and including a list of plant and resources that will be committed to the project during the construction phase.

In accordance with the Request for Tender (RFT), tenders were evaluated on the following criteria:

1. Compliance with tender documentation 2. Price 3. The Contractors Programme of Works showing critical path activities; 4. Key Resources and proposed sub-contractors 5. History of completing this complexity of works to program.

The non-price aspects of each tender were reviewed and evaluated as follows:

Tenderer Compliance with Tender Requirements

Comments

Industrial Road Pavers Yes Very thorough submission included lots of information on company’s policies and procedures. The company appears to be well resourced with plant and manpower. Lots of experience building carparks. Lots of current projects.

Macfield Civil Yes Methodology was lacking in detail. Proposed to use local contractor. Appear to be offering less manpower compared to other tenderers. Proposed to use pad foot roller, no steel drum roller mentioned. Good coverage of health and safety management system.

WCP Civil Yes Thorough submission, Although methodology was not well detailed (a work method statement was provided). Good range of sub-contractors nominated.


Dowsing Yes Thorough submission, Some critical assumptions listed that shift risk onto Principal.

Castle Civil Yes Submission was relatively brief and lacked detail. No mention of rollers in plant to be used or methodology. Company appears to only have a small fleet of plant. Program provided for separable portion B only.

Grove Design and Construct

Yes Thorough methodology. No experience in constructing carparks was given. It was difficult from the submission to determine the size of the company and the manpower and plant it had at its disposal. Grove offered and alternative tender that gave reduced rates for different combinations of separable portions.

Ozwest Civil Yes No Current Commitments. Very thorough submission included lots of information on company’s policies and procedures.

Happy Excavations Yes Submission contained several exclusions that placed risk on the principal. No program was provided. No rollers nominated to be used although 8t roller referred to in methodology.

Tactile Indicators Perth No Submission was non-conforming as they only proposed to construct the wheel stops.

All tenderers except Tactile Indicators Perth were found to have complied with the Tender Requirements. Tactile Indicators Perth’s tender was not considered further. The tenders that provide the best combination of experience, methodology, capability and recourses were Industrial Road Pavers, WCP Civil and Ozwest Civil. The tender from Dowsing was also well regarded except for the critical assumptions that shifted risk on to the Principal. Consultation: Forrest Oval Advisory Group Opus International Consultants Acting Chief Executive Officer


Statutory Environment: Part 4 of the Local Government (Functions and General) Regulations 1996, section 3.57 of the Local Government Act 1995. Policy Implications: Nil Financial Implications: The 2015/16 annual budget provides $135,000 for the construction of a car park at the York Recreation and Convention Centre. Additional funds would require a budget reallocation in the mid-year financial review. Strategic Implications: Nil Voting Requirements: Absolute Majority Required: Yes Site Inspection: Site Inspection Undertaken: Yes Triple bottom Line Assessment: Economic Implications: Nil Social Implications: To provide the community with safe parking facilities of a high standard. Environmental Implications: Nil Officer Comment: Following assessment of nine tenders received in response to RFT 03-1516, one tender stood out as offering a quality submission (including methodology, experience and capability) and competitive price. That tenderer is Industrial Road Pavers. The upgrade of Barker Street (separable portion A) would be fully funded from Roads to Recovery program and the 80 bay car park (separable portion B) fully funded from municipal funds and within budget. To construct the 130 bay car park would require an additional $37,576.40 ex GST. The Shire of York will deliver base coarse material to site for $7,160.64. This would require $44,737.04 of municipal funds to be reallocated from other areas of the budget. The additional funds can be obtained from the Asset Upgrade municipal account with no detriment to the 2015-16 capital works program.


Cr Walters declared a Proximity Interest to this item and left the room at 5.16pm

RESOLUTION 051215 Moved: Cr Randell Seconded: Cr Heaton “That Council: 1. Award Tender 03-1516 York Recreation and Convention Centre Car Park Civil Works

separable portion A – Barker Street at a cost of $45,032.90 GST inclusive and separable portion C – 130 bay carpark at a cost of $189,834.04 GST inclusive to Industrial Roadpavers.

2. Source the funds of $44,737.04 from the Asset Upgrade municipal account and

formally recognise the reallocation in the mid-year financial review.”

CARRIED: 6/0

Cr Walters returned to the room at 5.17pm



9.4 Financial Reports

9. OFFICER’S REPORTS 9.4 FINANCE REPORTS 9.4.1 Monthly Financial Reports – November 2015 FILE NO: FI.FRP COUNCIL DATE: 21 December 2015 REPORT DATE: 2 December 2015 LOCATION/ADDRESS: Not Applicable APPLICANT: Not Applicable SENIOR OFFICER: Mark Dacombe, Acting CEO REPORTING OFFICER: Tabitha Bateman, Financial Controller DISCLOSURE OF INTEREST: Nil APPENDICES: Yes – Appendix A as detailed in Summary DOCUMENTS TABLED: Nil


Summary: The Financial Report for the period ending 30 November 2015 is presented for consideration. Appendix A includes the following: • Monthly Statements for the period ended 30 November 2015 • List of Creditors Payments • Corporate Credit Card Transaction Listing Statutory Environment: Local Government Act 1995 (As Amended). Local Government (Financial Management) Regulations 1996 (As Amended). Australian Accounting Standards. Financial Implications: The following information provides balances for key financial areas for the Shire of York’s financial position as at 30 November 2015; Outstanding Rates and Services Total outstanding rates as at 30 November 2015 are $1,979,532 compared to $2,105,004 as at 31 October 2015. 3 Years & over $ 156,376 7.90% of rates outstanding 2 Years & over $ 65,554 3.31% of rates outstanding 1 Years & over $ 179,531 9.07% of rates outstanding Total Prior Years $ 401,461 20.28% of rates outstanding Current rates $ 1,578,072 79.72% of rates outstanding Outstanding Sundry Debtors Total outstanding sundry debtors as at 30 November 2015 are $305,463 compared to $328,478 as at 31October 2015. 90 days & over $282,210 92.39% of sundry debtors outstanding 60 days & over $ 12,933 4.23% of sundry debtors outstanding 30 days & over $ 7,274 2.38% of sundry debtors outstanding Current $ 3,047 1.00% of sundry debtors outstanding


Strategic Implications: Nil Voting Requirements: Simple Majority required – Yes Site Inspection: Site Inspection Undertaken: Not applicable Triple bottom Line Assessment: Economic Implications: A zero balance or surplus end of year financial position will increase community confidence and cohesion and provide an opportunity for improved community benefits in future years. Social Implications: Not applicable. Environmental Implications: Not applicable. Comment: It should be noted that some figures reflected in the following reports are an estimate of the end of year position only and are subject to year end adjustments.

RESOLUTION 061215 Moved: Cr Ferro Seconded: Cr Saint “That Council: Receive the Monthly Financial Report for November and the list of payments drawn from the Municipal and Trust accounts for the period ending 30 November 2015 as summarised below: AMOUNT MUNICIPAL FUND Cheque Payments $ 29,750.73 Electronic Funds Payments $ 2,978,635.48 Direct Debits Payroll $ 163,269.79 Bank Fees $ 1,429.04 Corporate Cards $ 5.50 Fire Messaging Service $ 12.50 Fire Messaging Service $ 326.70 TOTAL $ 3,173,429.74 TRUST FUND Cheque Payments $ 2,160.00 Electronic Funds Payments $ 9,118.91 Direct Debits Licensing $ 97,150.10 TOTAL $ 108,429.01 TOTAL DISBURSEMENTS $ 3,281,858.75”

CARRIEDF: 7/0


9. OFFICER’S REPORTS 9.4 FINANCE REPORTS 9.4.2 Investments – November 2015 FILE NO: FI.FRP COUNCIL DATE: 21 December 2015 REPORT DATE: 1 December 2015 SENIOR OFFICER: Mark Dacombe, Acting CEO AUTHOR: Tabitha Bateman, Financial Controller APPENDICES: Shire of York Investment Portfolio


Summary: That Council consider the investment portfolio as attached. Background: The investment policy requires Council to review the performance of its investments on a monthly basis. Consultation: Auditors Statutory Environment: Local Government Act 1995 (As Amended) 6.10(a), 6.14(1) 6.10. Financial management regulations

Regulations may provide for — (a) the security and banking of money received by a local government 6.14. Power to invest

(1) Money held in the municipal fund or the trust fund of a local government that is not, for the time being, required by the local government for any other purpose may be invested as trust funds may be invested under the Trustees Act 1962 Part III.

Policy Implications: In accordance with the Financial Management Investment Policy. Financial Implications: Credit Ratings Voting Requirements: Simple Majority Required: Yes Comment: In accordance with the policy, a report of investments is presented to Council to provide a summary of investments held by the Shire of York as at 30 November 2015. The Shire of York Investment Portfolio identifies Council’s investment type, term to maturity and investment value.


RESOLUTION 071215 Moved: Cr Saint Seconded: Cr Heaton “That Council receive the Shire of York Investment Portfolio as attached to this report.”

CARIED: 7/0


9. OFFICER’S REPORTS 9.4 FINANCE REPORTS 9.4.3 Annual Financial Report For The Year Ended 30 June 2015 FILE: FI.FRP.3 COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 LOCATION/ADDRESS: N/A ACTION OFFICER: Tabitha Bateman, Financial Controller SENIOR OFFICER: Mark Dacombe, A/CEO DISCLOSURE OF INTEREST: No APPENDICES: Appendix A –Audit Completion Report and

Annual Financial Report 2014/15 DOCUMENTS TABLED: Annual Report will be circulated separately


Summary: To receive the Annual Financial Report 2014/15 and the Audit Completion Report from the Council’s Auditors, Macri Partners for the financial year ended the 30 June 2015. This report also recommends that the Council set and give notification of the Annual General meeting of Electors to be held on 28 January 2016. Background: The Council prepares an annual report for each financial year ending 30 June. The content of the annual report is prescribed by the Local Government Act 1995. It includes a summary of the Council’s annual activities, including the audited annual financial statements and the auditor’s report for the financial year. The format used for the annual report is essentially the same as previous years. It is anticipated that the format will be overhauled as a result of the forthcoming major strategic review. Consultation: Dominic Carbone – Consultant Macri Partners - Auditors Statutory Environment: Local Government Act 1995 S5.53, 5.54, 5.55 and 5.56 Policy Implications: Nil. Financial Implications: Not applicable to this report. Strategic Implications: Nil. Voting Requirements: Absolute Majority Required: Yes Site Inspection: Site Inspection Undertaken: Not applicable Triple bottom Line Assessment: Economic Implications: Not applicable


Social Implications: Not applicable Environmental Implications: Not applicable. Officer Comment: It is noted that the Council will receive an unqualified audit report. The Audit Committee will meet on 21 December 2015 at 4pm and will consider the following recommendation: That the Audit Committee recommends that Council:

1. Accepts the Shire of York Annual Financial Report 2014/15 2. Receives the Audit Completion Report provided by Macri and Partners; and 3. Macri and Partners be advised of Item 1 and 2.

Subject to this recommendation being adopted by the Audit Committee it is recommended:


The Acting Chief Executive Officer advised that prior to this meeting the Audit Committee meet and accepted the Audit Committee recommendations.

OFFICER RECOMMENDATION: “That Council: 1. Accepts the Annual Report, incorporating the Annual Financial Report and the Audit

Completion Report for the year ended 30 June 2015; 2. Authorises the Chief Executive Officer in consultation with the Shire President to make

any necessary minor editorial changes prior to the publication of the Annual Report; 3. Gives local public notice of the availability of the Annual Report; and 4. Authorises the Acting Chief Executive Officer to convene the Annual Electors’ Meeting to

be held on Thursday, 28 January 2016 at 5.00 pm.” RESOLUTION 081215 Moved: Cr Smythe Seconded: Cr Saint “That Council: 1. Accepts the Annual Report, incorporating the Annual Financial Report and the

Audit Completion Report for the year ended 30 June 2015; 2. Authorises the Chief Executive Officer in consultation with the Shire President to

make any necessary minor editorial changes prior to the publication of the Annual Report;

3. Gives local public notice of the availability of the Annual Report; and 4. Authorises the Acting Chief Executive Officer to convene the Annual Electors’

Meeting to be held on Friday, 5th February, 2016 at 6.00 pm.” CARRIED: 7/0

Point 4 - The Annual Elector’s meeting date was amended due to the January Ordinary Council meeting was now to be held on Thursday, 28 January, 2016 Note: Correction (refer to Ordinary Council Meeting Minutes – 28 January, 2016) – the Annual Electors’ Meeting to be held on Thursday, 4th February, 2016 at 6.00pm.



9.5 Cultural Heritage Reports Nil

9.6 Late Reports Nil



9.7 Confidential Reports 9. OFFICER’S REPORTS 9.7 CONFIDENTIAL REPORTS 9.7.1 Close the Meeting FILE NO: CS.CCS.3 COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 SENIOR OFFICER: Mark Dacombe, A/CEO


Statutory Environment: Local Government Act 1995 – Part 5 – Division 2 – Section 5.23:

(2) If a meeting is being held by a council or by a committee referred to in

subsection (1)(b), the council or committee may close to members of the public the

meeting, or part of the meeting, if the meeting or the part of the meeting deals with any

of the following —

(b) the personal affairs of any person; and

(d) legal advice obtained

Voting Requirements: Simple Majority Required: Yes

RESOLUTION 091215 Moved: Cr Smythe Seconded: Cr Ferro “That Council: Close the meeting to members of the public and the press to deal with: The Australia Day Award Nominees; and Request for Reimbursement of legal Fees.”

CARRIED: 7/0

Note to this Item: The doors were Closed at - 5.23pm All staff (except the A/CEO and ESO) and gallery left the meeting at 5.23pm.



9. OFFICER’S REPORTS 9.7 CONFIDENTIAL REPORTS Disclosure of Interest: Cr Pam Heaton – Impartial Interest – Cr Heaton’s husband is Secretary and presenter at York 101.3 Radio Station. Cr Heaton is a financial member 9.7.2 Australia Day Awards FILE NO: CS.CCS.3 COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 LOCATION/ADDRESS: Not Applicable APPLICANT: York Honours Reference Group SENIOR OFFICER: Mark Dacombe, A/CEO REPORTING OFFICER: Mark Dacombe, A/CEO DISCLOSURE OF INTEREST: Cr Heaton – Impartial


RESOLUTION 101215 Moved: Cr Smythe Seconded: Cr Saint “That Council: 1. receive the Notes from the York Honours Reference Group for the meeting held on

Wednesday, 2nd December, 2015. 2. Accept the recommendation by the York Honours Reference Group for the Junior

Sports Star of the Year Award and the Senior Sports Star of the Year Award for the Year 2015.

3. Accept the recommendation by the York Honours Reference Group for the Premiers

Australia Day Active Citizenship Awards 2016 – Citizen of the Year; Citizen of the Year - Under 25 years and Community Group or Event.”

CARRIED: 7/0



9. OFFICER’S REPORTS 9.7 CONFIDENTIAL REPORTS Disclosure of Interest:

Cr Tricia Walters – Financial Interest – Cr Walters was named in the Fitzgerald Report

Cr Denese Smythe – Impartial Interest – The applicant was the Shire President at which time Cr Smythe was the Deputy Shire President and had a close association with the applicant

Cr Heather Saint – Impartial Interest – Cr Saint is mentioned in the Fitzgerald Report which she was interviewed to partake in

9.7.3 Request for Reimbursement of Legal Fees FILE NO: COUNCIL DATE: 21 December 2015 REPORT DATE: 18 December 2015 LOCATION/ADDRESS: N/A APPLICANT: Former Shire President Matthew Reid SENIOR OFFICER: Mark Dacombe, A/Chief Executive Officer REPORTING OFFICER: Mark Dacombe, A/Chief Executive Officer DISCLOSURE OF INTEREST: Cr Walters – Financial Interest Cr Smythe – Impartial Interest Cr Saint – Impartial Interest


Cr Walters declared a Financial Interest to this item and left the room at 5.30pm

RESOLUTION 111215 Moved: Cr Randell Seconded: Cr Ferro “That Council: Decline the application from the former Shire President to reimburse the costs totalling $52,580.50 incurred in engaging legal advice and representation during the period 16 October 2014 to 14 January 2015.”

CARRIED: 5/1

Cr Smythe requested her name recorded as voting against this motion Cr Walters returned to the room at 5.44pm



9. OFFICER’S REPORTS 9.7 CONFIDENTIAL REPORTS 9.7.4 Open the Meeting FILE NO: CS.CCS.3 COUNCIL DATE: 21 December 2015 REPORT DATE: 15 December 2015 SENIOR OFFICER: Mark Dacombe, A/CEO


Statutory Environment: Local Government Act 1995 – Part 5 – Division 2 – Section 5.23:

(2) If a meeting is being held by a council or by a committee referred to in

subsection (1)(b), the council or committee may close to members of the public the

meeting, or part of the meeting, if the meeting or the part of the meeting deals with any

of the following —

(b) the personal affairs of any person; and

(d) legal advice obtained

Voting Requirements: Simple Majority Required: Yes

RESOLUTION 121215 Moved: Cr Saint Seconded: Cr Smythe “That Council: Open the meeting to members of the public and the press.”

CARRIED: 7/0

Note to this Item: The doors were Opened at: 5.44pm Staff and Gallery returned to the meeting, the Shire President read the Resolutions to Items 9.7.2 and 9.7.3.



10. NEXT MEETING

“That Council: holds the next Ordinary Meeting of the Council on Wednesday, 27th January, 2016 at 5.00pm in Council Chambers, York Town Hall, York.” RESOLUTION 131215 Moved: Cr Saint Seconded: Cr Ferro “That Council: holds the next Ordinary Meeting of the Council on Thursday, 28th January, 2016 at 5.00pm in Council Chambers, York Town Hall, York.”

CARRIED: 7/0

The Officer Recommendation was amended to reflect the changes at Item 9.2.1 Resolution 021215.

11. CLOSURE The Shire President thanked everyone for their attendance and closed the meeting at 5.49pm.

Documents

SHIRE OF YORK · MINUTES – ORDINARY COUNCIL MEETING – 21 DECEMBER 2015 6 1.5 Declarations of Interest that Might Cause a Conflict Financial Interests Cr Tricia Walters – Item