MOORE STEPHENS REPORT.

Date August 24, 2017

Hon David Templeman
Minister for Local Government
cc
Ms. Jenni Law
Director Local Government Regulation & Support
Department of Local Government

Dear Minister and Ms. Law

I refer you to the ‘Draft Report- Fraud and Risk Management Assessment’ by Moore Stephens which evaluates that the Shire of York Administration provides an ‘Extreme Risk’ in the important areas of Probity, Financial Loss and IT Security and Protection to its ratepayers and community.

Such an assessment should be considered unacceptable in any level of industry and/or government and must be of extreme concern to both of you.

The assessment could be considered to cover the current 2017/2018 Financial Year as it appears protective mechanisms of a sufficiently high standard have yet to be put in place to prevent the extreme risk factors (and their results) continuing well into the future.

Please read the following published article that should provide an average ratepayers insight into, and negative assessment of, a malfunctioning Local Government Area Administration to which he/she is forced to pay rates. I am sure York is not alone.

Given any possible interpretation of these failures, supported by several thousands of dollars in individual property rates, and the millions of dollars of rates collected to prop-up failure- this is money ill spent!

Yours sincerely

David Taylor.

RISKY BUSINESS (The Shire of York Inc.)

Your reference- Shire of York Ordinary Council Meeting August 28, 2017 Agenda Item SY101-Appendices-Audit Committee Meeting Minutes.

If the Shire of York was listed on the Australian Stock Exchange as a shareholder company it could be told to cease trading.

To any investor it could be considered a near comatose business, a rapidly exsanguinating corporate corpse to be asset stripped, except there are few assets worth pillaging.

So it can consider itself extremely lucky that it is a Local Government Shire Council.

What has now come to light is a 64 page external DRAFT FRAUD & ERROR RISK MANAGEMENT ASSESSMENT by an independent auditor.

It should have the WA Auditor General tearing his hair-out, if he had a remit, and put the Minister for Local Government, David Templeman, on notice to how much the Local Government Act 1995, needs to be improved. (This re-evaluation is to be undertaken in 2018.)

In addition, how much the penalties for breaches of this act (deliberate or through lack of knowledge) should be increased.

This risk analysis is nothing to do with ex-CEO, Ray Hooper, his courtiers and their regime. It focuses on the 2016/17 SHIRE OF YORK FINANCIAL AUDIT with the responsible officer being Suzie Haslehurst, reporting directly to the CEO, Paul Martin.

These senior shire executives have now been at the helm for long enough (and should be experienced enough in dealing with these matters) for the buck to stop with them.

One particularly damaging revelation is that the current Shire of York has no BUSINESS CONTINUITY PLAN available for external review and analysis and no employee complaints procedures in place.

A Business Continuity Plan is a required developed strategy to deal with threats and risks facing any form of business/company/government to ensure personnel and assets are fully protected from any type of disaster, financial or otherwise. It is considered to be essential!

What Employee Complaints Procedures mean should be self evident, without any need for explanation, and certainly puts the Shire at odds with the Australian Services Union and Fair Work Australia.

The initial fun and games begin with the fact that Shire of York staff members operate the shop at the swimming pool for personal gain, without any form of lease agreement, but under an arrangement that ‘what is yours- is mine’!

Then there is the Dog Pound management that runs a private boarding kennel for dogs from other shires. For a fee of course!

There are no checks on Shire of York fuel supply with regard to what is called ‘inventory shrinkage’. This can be a euphemism for ‘help yourself to free fuel’.

‘Cash handling’ has been identified as requiring improvement which could include the installation of additional CCTV facilities at the York Recreation and Convention Centre, York Memorial Swimming Pool, the Residency Museum, York Visitors Centre and the York Administration Centre.

Its meaning is the receiving and giving money in any business transaction, including at point of sale. The main problems associated with ‘cash handling’ are lack of due diligence, no paper trail left to undertake an accurate audit assessment and security flaws.

As ‘cash handling’ is usually undertaken by employees, or in some cases volunteers – the use of CCTV cameras at point of sale is a surveillance mechanism, suggesting that staff members, and volunteers, are suspected of theft which, like fraud, is a criminal offence.

Then the assessment gets really serious.

It comes in the form of the SHIRE OF YORK RISK IMPROVEMENT IMPLEMENTATION PLAN that, in York’s case, has a rating from MEDIUM to EXTREME and must be in place for the 2018/2019 Financial Year.

Of the 39 RISK NO’s observed and listed for improvement, 12 are identified as Medium Risk, 25 as High Risk and 3 as Extreme Risk.

Unfortunately the EXTREME RISK assessment shows the Shire of York’s failure in the most rudimentary, but most important governance requirements of all, PROBITY, FINANCIAL LOSS (including unauthorized purchasing) and IT SECURITY AND PROTECTION.

PROBITY, in the case of Local Government administrative compliance is  the ability to adhere to all the mandatory regulations and necessities under all terms and conditions of the Local Government Act 1995.
(The Shire of York apparently has an endemic and systemic inability to undertake this basic function.)

This is now, not just the past decade.

FINANCIAL LOSS is an extreme risk that is totally unacceptable. It currently includes unauthorised purchasing and failure to undertake proper tendering processes for outsourced work requirements. This may well include the neglect to obtain quotes for business planning reviews such as the one now being undertaken by SGL Consulting Group Australia Pty Ltd.

Part of any financial loss could be equated to the York Recreation and Convention Centre as a single entity. A solution for which is an absolute priority, but is still ongoing and in the hands of another consultant, because the Shire of York has not got the balls to make its own decision based on its own investigative and consultative abilities and take the necessary, decisive action.

This is now, not part of Ray Hooper’s tenure.

IT SECURITY AND PROTECTION is an absolute must. It covers all shire records and correspondence including finances, all its Intellectual Property, legal documents, ratepayer records, everything.

There are apparently no proper protective mechanisms in place, including backup, recovery and security plans

This is now, despite the fact that in 2015, the then Department of Local Government and Communities advised the shire that its record keeping and record access systems were inadequate and potentially in breach of sections of the State Records Act, 2000.

All of the above should be the reason why the Audit Committee ‘Requests (should be requires) the CEO to identify organizational savings as part of the Mid-Year Budget Review to balance the budget’.

It is assumed that ‘organizational’ means the Shire of York and the budget means the Shire of York Budget for  the latter half of the 2017/2018 Financial Year, leading into the 2018/2019 Financial Year.

This suggests that the Audit Committee my consider that the Shire of York Budget, its failings and financial losses are the total responsibility of the CEO, Paul Martin.

However that would mean that FINANCIAL LOSS is considered by the Shire of York Council to be an essential part of the CEO’s Key Performance Indicators. This may be, but is probably not, the case.

The Executive Manager Corporate and Community Services is Ms. Suzie Haslehurst. Her direct responsibilities encapsulate all the EXTREME RISK areas identified in the FRAUD AND RISK MANAGEMENT ASSESSMENT.

They include Governance (PROBITY), Finance (FINANCIAL LOSS)  and Information Technology (IT SECURITY AND PROTECTION.)

Also Human Resources ( no employee complaints procedure) and the York Memorial Swimming Pool (where a private business is allowed to operate in a Shire owned, public facility- and additional cash handling CCTV surveillance is required) and the York Recreation and Convention Centre that allegedly requires ‘Till-Cam’.

Given all of the above, a performance review of Ms. Suzie Haslehurst, should be undertaken immediately and the results provided to the Shire of York Council as a matter of urgency.

Nothing is improving- and it is time for ratepayers to demand, Probity, Financial Accountability and the proper Protection of Shire of York Records- which are the paid for property of ratepayers held on behalf-of-the community.

David Taylor.

A RUINOUS RATE RETURN and ‘OPERATION BYPASS’ (Main Roads to where?)

Community Consultation Brochure- Future York Heavy Haulage Route/York Bypass.

Dear Mr. Martin.
The Minutes of the Shire of York Ordinary Council Meeting for August, 2013, reported that the total of uncollected/outstanding rates was $825,258.03. Within the Agenda for the Ordinary Council Meeting for August, 2017, the outstanding rates tally is reported as $6,687,114.80.

Over the same reporting period, but 4 years apart, there is a negative discrepancy of $5,861,856.77. Is this caused by a new accounting procedure, there is a fair and reasonable explanation or is it a potential financial disaster?

There is some form of explanation- the reporting period of 2013 was overseen by a private contractor, Dominic Carbone who appears to have neglected to input the outstanding rates for the upcoming year for reasons unknown. The discrepancy could be as little as $223,075.029 between 2013 and those of 2017 but is likely to be much more.

Unfortunately there appears to be no way of assessing the actuals and no way of assessing the financial damage that York is facing, although the Moore Stephens Audit report gives the reasons why.

Now there are discussions about rate reductions for non-contiguous farmland that could eventually benefit 200 holdings. If proceeded with, what would be the additional rate burden borne by Shire ratepayers for domestic and commercial properties?

Now for ‘Operation Bypass’-yes, in the median to long term future, York, may require a heavy haulage bypass to protect its historic past and certainly any positive destiny it has. That is a given, if environmental and local social impacts are taken into due consideration regarding the approved route and it is developed for legitimate economic reasons.

But, is it possible to explain why the Great Southern Highway stretching from The Lakes turnoff to York is referred to as the Chidlow York Road in this document released on behalf of Main Roads, the Wheatbelt Development Commission and the Shire of York?

The Great Southern Highway is officially documented as branching off the Great Eastern Highway at The Lakes, 50 kilometres from Perth. Chidlow town-site is not situated on either of these two roads.

Does any road signage exist that suggests this narrow stretch of bitumen between The Lakes and York is called the Chidlow York Road, or is it just because a WA government agency, Main Roads, prefers to call it such? (It certainly is a ‘highway’ in name only.)

It is akin to calling the Great Eastern Highway, the Perth Northam Road, when it actually ends at Kalgoorlie.

Given current circumstance the timing for a bypass project update brochure that includes the Chidlow York Road which runs past Allawuna Farm is either poor, or portentous.

Are there secret plans by the Mundaring Shire Council to bypass its town-site with the bypass connected directly to the Chidlow York Road under the jurisdiction of Main Roads?

 It could well encompass the Mathieson Road and Coppin Road Waste Transfer stations, both temporary waste storage facilities on a route to dump trash at Allawuna, and, of course, use Avon Waste’s Operations Depot at Lot 5113, Ashworth Road, York.
So- is it because Main Roads has told you in no uncertain terms that it is inevitable that 40 kilometres of the Chidlow York Road (also known as the Great Southern Highway) must  be used as a mass transport route, delivering Perth rubbish to Allawuna Farm?

And does this mean that a new four-lane Chidlow York Road will run into a two-lane strip of Great Southern Highway, south of York, turning it into a future heavy haulage carpark, a traffic flow disaster, sooner than later.

If so- there are the obvious advantages of a trade-off, where the Shire of York will not expend too much effort in trying to prevent the Allawuna tip on the understanding that the State Government and Main Roads guarantees they will undertake major improvements to the Chidlow York Road ( that is the Great Southern Highway) in the near future. But include the Great Southern Highway south of York.

Conspiracy theories abound, but so do behind-closed-doors agreements between Commonwealth, State and Local Governments where ‘Joe Public’ is the very last to know.

When you look at the contents of the consultation proposal pragmatically, any reference to a York bypass road is technically bullshit because the Chidlow York Road only exists between Chidlow and York, according to Main Roads maps.

It is only the Great Southern Highway that bypasses York, heading south towards Beverley, Brookton, Pingelly, Narrogin and Wagin. (So what is actually being proposed here- regarding a bypass?)

It could be just as easy to provide expanded, heavy haulage road access to these towns, including Beverley, by using the Brookton Highway instead, bypassing York altogether, unless the Chidlow York Road needs rapid improvement (which it does.)

Maybe the Shire of York has been well and truly caught between a Bruce Rock and a hard place.

Having read the Agenda for the Shire of York Ordinary Council Meeting of August 28, 2017, circumstantial evidence suggests the Shire’s past and proposed actions have, and will, have no positive impact whatsoever in preventing the Allawuna Farm Landfill project from going ahead.

WA Local Governments have often vigorously and sometimes successfully opposed man-made disasters being located within their boundaries. (Apparently not- in the Shire of York’s case- it will be up to the public to do the best they can.)

Unfortunately the initial proposal for the Allawuna Farm project was strongly supported by both the Shire of York Administration and Council. In fact they were crawling across a mile of waste, broken glass to ensure it happened, so they could get their tipping for FREE and ingratiate themselves with the rest of the dearly departed ‘SEAVROC’.

It may well be that the would- be President of SEAVROC/SEARTG/LGAM and the original proponent of dumping Perth waste in the Avon valley, Dominic Carbone, and his faithful sidekick, Ray Hooper, are assisting in the current Allawuna land grab. (Maybe this could be for revenge, but much more likely for a big, fat fee.)

At that time there was also the possibility of the Chidlow York Road (the Great Southern Highway) being improved by Commonwealth/State road funding with, of course, several local entrepreneurs  looking forward to a massive increase in waste movement related profits and the shire looking for additional commercial and domestic ratepayers.

Although you may be now suffering the consequences of initial negotiations over Allawuna, your reaction since taking office could be considered as knee-jerk and apathetic, with your current actions, on behalf of Council and, supposedly, the community, all but ensuring that lingering presence of escaped methane over Allawuna.

In sufficient volume, methane could light up the lives of surrounding farmers, including their crops?

Personally, I would not want to be the CEO, or Council, of the Shire of York when hundreds of thousands of tonnes of waste is buried in a shallow grave on Allawuna Farm.

All you have to do, on behalf of the Shire of York, is say ‘NO’ to Allawuna Farm and take it from there.

Within this propaganda style consultation BYPASS brochure it states ‘York has become a hub for tourism and a lifestyle destination’.

To the best of everyone’s knowledge this has not occurred during your tenure.

The re-visited York Jazz Festival, over which you were ultimately in charge, was a systemic failure that now, according to part of an Agenda Item, potentially requires a real Events Manager, a proper publicity officer and actual marketing and promotion experts to make it work. (Many can recall that you wished to do everything in-house with the senior staff you had selected, not by massively expanding staff levels to cover glaring gaps in your administration, or hiring consultants.)

However the Allawuna proposal could ensure festivals are gone. Because, strangely enough, heavy traffic mixed with tourist busses and stinking waste, does not enhance either tourism or local lifestyle, whether the traffic is free-flowing, or not!

So what specifically have you done as CEO, in descending order, which has caused York to become a hub for tourism and a much sought after lifestyle relaxant?

It should have been recorded to assure ratepayers and the community, via Council, you are meeting your required Key Performance Indicator obligations (if any.)

One should be that you are responsible for the financial state of the Shire of York coffers including the fact that in four years York’s unpaid rates have increased by nearly $6 million. So are you responsible for York’s debt, which you should be, and how do you intend to fix it?

It is claimed in this brochure that such ‘planning studies encompass a 20-30 year timeframe, which can change subject to various social and economic factors’.( Given the average age of York’s population (in three decades time) most will be way too old to care.)

What various social and economic factors would want you to advance to ‘right now’ the provision of ’a high standard, free flowing route for heavy traffic’ because York ‘will be continued to be impacted by increased heavy haulage movements’.

Allawuna tip perhaps?

Heavy haulage impacts such as road maintenance costs, fuel costs, the enormous price of road trauma, traffic congestion and the need for a BYPASS could be alleviated by the economically sound use of infrastructure such as the Tier 3 Rail Network. (This could be the new State Government’s preference.)

One huge problem is Co-operative Bulk Handling and the rail lessee Arc Infrastructure.

Its detractors believe that CBH decisions are made by a board of ancient farmers with no entrepreneurial expertise, now led by a recently sacked BHP Executive who is claimed to be a culprit in the Brazilian mine disaster . (Arc Infrastructure is just there to make a profit, not for the benefit of farmers or anybody else.)

Claims are made about CBH that mismanagement and abuse of staff is rife. The allegation is that as a monolithic, near monopoly, it cannot even decide to become an ASX listed share-investor company.

Some finance experts believe that the reason that CBH does not list itself on the stock exchange is that it is aware that its poor corporate structure would be soon found out.

Also Tier 3 will never be back on track, to remove 30,000 heavy haulage movements off inland roads, until CBH is taken over.

As usual the bypass brochure is big on positive rhetoric, and short of substantiated fact. It would be nice to know what light industries you consider will be attracted to York by a heavy haulage bypass route?

Obviously good road transport facilities are a plus, also cheap land. But the real factors are access to a cheap, efficient power supply, whether electricity or gas, a cheap and reliable water supply and strong local demand for the product in a large local marketplace.

Also what comes first ’the chicken or the egg’? Does population attract industry, or industry attracts population. If you knew the answer to this, and how to apply it, you would be WA’s greatest Local Government CEO.

To Shire President, David Wallace, could you please ensure that in any future council agenda
the word ‘Request’ is not used as it can mean to appeal, plead and pray for.

Your powers give you the right to ‘Require’ the CEO to act in accordance with what is rightfully and reasonably demanded of him, and through his position, all other staff.

David Taylor (please read letter below).

From: davidgrant@westnet.com.au
Sent: Thursday, August 17, 2017 4:33 PM
To: mining-pastoral@mp.wa.gov.au
Cc: David
Subject: FW: ALLAWUNA LANDFILL

Date August 17, 2017
Robin Chapple MLC
Member for the Mining and Pastoral Region
GREENS WA

Dear Mr. Chapple

YOUR URGENT ATTENTION

ALLAWUNA FARM LANDFILL YORK.One of the Four Pillars of Green’s philosophy is “Beyond Waste”.

The potentially massive Allawuna Farm Landfill site goes way beyond waste to the complete desecration of pristine farmland through the burial of domestic and industrial waste, including asbestos, transported from the Metropolitan Area.

It spells economic ruin for the historic town of York and  part of a precious agricultural resource.

The craziness of it all is beyond imagination other than in backwoods WA, where the two major parties tend to fall over themselves to destroy the environment, including what little farmland, forests and wetlands we have.

Allawuna Farm is located in a water catchment area near a freshwater spring called St. Ronan’s Well, an historic jewel in its own right.

It is just 50 kilometres from Meckering where, in 1968, the town was destroyed by an earthquake with the power of 8 Atomic Bomb explosions of the magnitude that flattened Hiroshima. Allawuna is right in the centre of this dangerously unstable seismic zone.

It is also located in an area of temperature inversion where polluted, toxic air can be trapped just above the land surface for days. This meteorological phenomenon is so marked in this region of the Avon Valley, it was why two successful around-the-world ballooning attempts by Steve Fossett and Fedor Konyukhov commenced from here.

Massive trucks carrying enormous volumes of waste will make their way to Allawuna along a narrow, already dangerous strip of bitumen, laughingly called the Great Southern Highway. Public road carnage has a high degree of probability and the white crosses should, by rights, end up on the lawns of Parliament House.

The Greens have the support of thousands upon thousands of supporters with a environmental-social conscience.

This offence against all things held dear by a community of 3,400 in York, is located within your electorate and therefore your area of influence.

I would hope that you raise this issue with your colleagues and supporters and your objections to this travesty at the highest and most potent levels.

Yours sincerely

David Taylor.

REFUSE PERTH’S REFUSE

This letter has been sent to Mark McGowan, Rita Saffioti, the Leader of the Opposition, Mike Nahan, Liza Harvey and the Fairfax online publication ‘WA TODAY.

DATE AUGUST 16, 2017
Hon. Mark McGowan
Premier
cc
Hon. Rita Saffioti
Minister for Planning

Dear Premier and Minister

Your Ref :-   ROE 8 / ALLAWUNA FARM LANDFILL YORK

There is enough evidence to suggest that there are certain similarities between these two intensely emotive projects that require both your attention and intervention.

You overrode the previous government, and its Department of Environmental Regulation’s decision, to seriously damage the precious Beeliar wetlands through the proposed highway extension- known as Roe 8.

The former SITA/SUEZ application, to the same department, has the intent of using pristine farmland, located in a designated water catchment area, in a high-risk earthquake zone, in an area of temperature inversion, near a historic freshwater spring, St. Ronan’s Well, close to WA’s oldest inland town, to dump massive amounts of domestic and industrial waste, including asbestos.

Homeland Security laws in nearly every other Western society would demand that food security and quality is far more important than this environmentally damaging proposal.

If you wish to make political capital of the fact that the former Minister for Water and current parliamentary electorate representative for Central Wheatbelt, Mia Davies, did nothing to assist the community of York to prevent this deleterious project (in both an economic and environmental sense), then feel free to do so.

You may also recall in 2005-06, Premier Geoff Gallop, followed by Alan Carpenter and including David Templeman MP (who was born and raised in Northam) were advised in no uncertain terms by the then Avon Electorate incumbent, Max Trenorden, that no Perth waste would be dumped between Northam and Meckering. 

Your Core Consultative Committee including Co-Chairman, Lee Bell, was made to look foolish in their choice of a site near the Avon Industrial Park for exactly the same reasons that make Allawuna Farm a ridiculous option. The water table, seismic disturbance location and temperature inversion are all similar.

Added to this was the negative public reaction that saw this waste dump located elsewhere.

Then there is the matter of waste transportation, from the Metropolitan Area to the Allawuna Farm site with the former Premier, Colin Barnett agreeing there is a problem.
In the case of Allawuna Farm, massive transport vehicles, in large daily movement volumes, would put private road users at risk along a 40 kilometre stretch of the narrow Great Southern Highway.

SUEZ decided not to proceed with the Allawuna Landfill project citing lack of economic viability.

Now a tin pot Queensland garbage bin manufacturer, Alkina International, has requested to take over the SUEZ licence by lodging an application with your replacement authority, the Department of Water and Environmental Regulation.

Given one of the largest international Waste Management companies, SUEZ, final official decision was that the project was uneconomic, and based on a public summary of Alkina International’s financial situation and its known expertise, it could not take up this licence without the support of much larger companies in the waste recycling industry.

I would hope you give this environmental imbroglio the attention it deserves.

Yours sincerely

David Taylor.

PLEASE NOTE THIS CORRESPONDENCE


DAVID WALLACE
President
CC
PAUL MARTIN.
CEO
SHIRE OF YORK.

CC Hon. STEPHEN DAWSON
Minister for Environment

YOUR URGENT ATTENTION- ACT NOW!

TIPS ABOUT A TIP (but who will be the clients?)

No application has been made by Avon Waste and the Shire of York was apparently not aware of any official approach regarding any formal intention to develop the SUEZ landfill site at Allawuna.

The Shire of York should have been off the hook.

Yet there is still a window of opportunity for companies committed to environmentally destructive garbology on pristine farmland to destroy York’s potentially vibrant future.

The window has apparently been opened, from left field, by a Queensland company, Alkina International, which specializes in manufacturing garbage containers and public ashtrays.
SUEZ received approval from the former government, its relevant Ministers and departments for non-approved land use, not from the current government.

This government and the Ministers concerned do have the power to overturn any previous agreement including any ‘Sunset Clause’ with one stroke of a pen. This was done to the ROE8 project.

These relevant Ministers can also demand that stringent environmental and disaster management measures must be revisited by any new applicant prior to any approval being given for a landfill on Allawuna.

Alkina International is registered as a single location business, with a turnover of $2million and just 11 employees.

It appears to have no experience in either landfill creation and management or waste transport and delivery.

It operates as a garbage bin manufacturer under Queensland laws and may have no knowledge of WA law regarding the safe transport and storage of domestic, industrial and hazardous waste under local environmental legislation, including the Environmental Protection Act 1986.

The Shire of York can tell the Minister for the Environment and the Minister for Transport that, because of this lack of expertise and its rebuilding program of its own road assets, it will not allow any company like Alkina International to use its local roads to transport waste.

The Shire of York can also request from the government a list of clients that support Alkina International’s landfill application to prove that it is documented evidence that it has the required business credentials to support its application.

If a client happens to be Avon Waste then the Shire of York should advise this company that it will review its contractual relationship for waste removal within the Shire and suggest it will place the contract out for tender after seeking legal advice.

Not to do so will allow the community to assume that the Shire of York may have colluded with Avon Waste behind its back. There is a strong past personal connection between its owners and Councillors and Councils which will not be overlooked.

The former Minister for Water, Mia Davies did not support the fact that Allawuna Farm is in a water-catchment area.

With this year’s increased winter rainfall the Shire of York can request that the current Minister for Water re-assess the importance of this catchment area as being an essential part of WA’s limited water resources.

The fact that Allawuna is in a high impact earthquake zone and the area is subject to a meteorological temperature inversion that can trap airborne contaminants to the surrounding farms’ environmental detriment-also cannot be disputed.

The Shire of York should advise the Minister for Health and related departments that it does not have the emergency services, emergency healthcare facilities and fire protection services to handle a major environmental disaster caused by any serious failure of a large landfill facility.

The real voice of York is the Shire of York.

The time is now for the Shire to show how good a communicator it is in acting on behalf of the community over extremely serious concerns.

This is what you are elected and employed to do and you have been given reasonable reasons to act.

If you stand by the community, the community will stand by you.

NO EXCUSES! NO PONTIOUS PILATE ACT.

David Taylor.

THE WAY IT SHOULD BE

Congratulations to President David Wallace for the following email addressed to all councillors and to Paul Martin.

It is the style and content that is required from the Shire of York in future public communications with the community regarding issues of extreme importance, including on its proposed Facebook presence.

It could be considered to provide valuable information that dispels misconceptions about the actions of the shire council and any prior knowledge it had regarding the reincarnation of the Allawuna Farm Landfill project.

No relevant information pertaining to Allawuna Farm Landfill was deliberately withheld from the public, this time.

The Department of Environment Regulation that accepted both the ROE8 and Allawuna Farm proposals is now the Department of Water and Environmental Regulation. The Minister for Planning and Land is now Rita Saffioti.

The new applicant intends to use the SITA/SUEZ planning approval suggesting it will be seeking a licence for the same hazardous waste disposal, including asbestos, and the same volume of transport and disposal of other Perth waste.
This should always be considered as a totally unacceptable outcome by the 3,400 residents of the Shire of York.

There are serious issues that must be raised if the current proponent is Alkina International, publically listed as a $2million-annual turnover company with 11 employees with no logistical expertise in the transport and burial of waste material.

A company of this size is unlikely to raise enough capital to purchase the Allawuna site and the required vehicles, machinery and site infrastructure, although it does own earthmoving equipment.

It is therefore probably a proxy representing another company . This could be considered to be deceptive behavior in certain circumstances. The likelihood is it is acting on behalf of a much larger company, like Cleanaway or even SUEZ itself.

What the shire should submit to Lisa Saffioti, the Department of Water and Environmental Regulation, the Premier Mark McGowan, Alkina International and ‘Uncle Tom Cobley and all’ is that it does not have a consultative process.

The only result acceptable to the Shire and the community is that the Allawuna Landfill project does  not proceed at all.

If it does the Shire will  take all reasonable legal steps, including an injunction to prevent this happening, and call on the government to use the same principles to prevent Allawuna Farm landfill on behalf of country residents as it did in scuttling the ROE8 project on behalf of suburban residents.

David Taylor

From: David Wallace
Sent: Sunday, August 13, 2017 8:20 AM
To: David
Cc: Dense Smythe; Pam Heaton; Heather Saint; Jane Ferro; Trevor Randell; Tricia Walters; Paul Martin
Subject: Fwd: Landfill

                       HI David

There is an existing valid planning approval for the site for a landfill as the planning approval runs with the land.  The Shire has been attempting to negotiate with the State Government to achieve clarity in the scheme provisions of the approval particularly regarding a sunset clause.  An item will be presented to this month’s Council meeting about this matter.  Any inclusion of the sunset clause or clarity on the existing planning approval is ultimately at the discretion of the Minister for Planning.     

The first the Shire knew about this new proposal was last week when we received notification from the proponent that they intended to seek approval to develop the site.  Acting upon legal advice we wrote to the proponent seeking clarification if they intended to use the existing planning approval or seek a new planning approval.  We have not had a response to this correspondence as yet.

On Wednesday of this week we were advised by Dept of Water Environment and Regulation (DWER) that an application had been submitted to DWER for “Works Approval” which indicates the proponent is proposing to use the existing planning approval however the Shire has not received copies of the application to be able to assess this.    

As part of the DWER process for assessing the application for works approval the Shire will be formally consulted and there will also be a period of public consultation.

We have been in contact DWER over the last couple of days asking if the period of public comment could be extended beyond the three weeks DWER were proposing to a longer period of time to allow the community and the Shire the opportunity to make detailed submissions.  

The Shire has the opportunity to comment and a response will most likely be presented to a Council meeting so the community can see what the Shire is going to submit as part of the consultation process.  

I hope this clarifies the situation as we know it currently.  Happy to discuss further if you wish, or alternatively you may wish to contact DWER for more information. 

Regards 

David Wallace 

TIPS ABOUT A TIP (but who will be the clients?)

DATE August 11,2017

DAVID WALLACE
CC
PAUL MARTIN.

CC Hon. STEPHEN DAWSON
Minister for Environment

YOUR URGENT ATTENTION- ACT NOW!

TIPS ABOUT A TIP (but who will be the clients?)

No application has been made by Avon Waste and the Shire of York was apparently not aware of any official approach regarding any formal intention to develop the SUEZ landfill site at Allawuna.

The Shire of York should have been off the hook.

Yet there is still a window of opportunity for companies committed to environmentally destructive garbology on pristine farmland to destroy York’s potentially vibrant future.

The window has apparently been opened, from left field, by a Queensland company, Alkina International, which specializes in manufacturing garbage containers and public ashtrays.

SUEZ received approval from the former government, its relevant Ministers and departments for non-approved land use, not from the current government.

This government and the Ministers concerned do have the power to overturn any previous agreement including any ‘Sunset Clause’ with one stroke of a pen. This was done to the ROE8 project.

These relevant Ministers can also demand that stringent environmental and disaster management measures must be revisited by any new applicant prior to any approval being given for a landfill on Allawuna.

Alkina International is registered as a single location business, with a turnover of $2million and just 11 employees.

It appears to have no experience in either landfill creation and management or waste transport and delivery.

It operates as a garbage bin manufacturer under Queensland laws and may have no knowledge of WA law regarding the safe transport and storage of domestic, industrial and hazardous waste under local environmental legislation, including the Environmental Protection Act 1986.

The Shire of York can tell the Minister for the Environment and the Minister for Transport that, because of this lack of expertise and its rebuilding program of its own road assets, it will not allow any company like Alkina International to use its local roads to transport waste.

The Shire of York can also request from the government a list of clients that support Alkina International’s landfill application to prove that it is documented evidence that it has the required business credentials to support its application.

If a client happens to be Avon Waste then the Shire of York should advise this company that it will review its contractual relationship for waste removal within the Shire and suggest it will place the contract out for tender after seeking legal advice.

Not to do so will allow the community to assume that the Shire of York may have colluded with Avon Waste behind its back. There is a strong past personal connection between its owners and Councillors and Councils which will not be overlooked.

The former Minister for Water, Mia Davies did not support the fact that Allawuna Farm is in a water-catchment area.

With this year’s increased winter rainfall the Shire of York can request that the current Minister for Water re-assess the importance of this catchment area as being an essential part of WA’s limited water resources.

The fact that Allawuna is in a high impact earthquake zone and the area is subject to a meteorological temperature inversion that can trap airborne contaminants to the surrounding farms’ environmental detriment-also cannot be disputed.

The Shire of York should advise the Minister for Health and related departments that it does not have the emergency services, emergency healthcare facilities and fire protection services to handle a major environmental disaster caused by any serious failure of a large landfill facility.

The real voice of York is the Shire of York.

The time is now for the Shire to show how good a communicator it is in acting on behalf of the community over extremely serious concerns.

This is what you are elected and employed to do and you have been given reasonable reasons to act.

If you stand by the community, the community will stand by you.

NO EXCUSES! NO PONTIOUS PILATE ACT.

David Taylor.

BUILDING BETTER REGIONS FUNDING AND SOME TIPS ABOUT A TIP

Onslow has recently received $9.1 million in funding for a waste management facility, maybe like the one proposed for Allawuna Farm.

Paul Martin’s old habitat, Busselton, has received $1.5 million to improve its jetty tourism precinct.

Cable Beach, Broome, another Paul Martin camping ground is to get a $2.95 million upgrade for its indigenous cultural revitalization and healing centre.

Yalgoo, (population of around 160), is getting $787,000 to improve its sporting facilities, nearly $5,000 for every man, woman and child- and a skateboarding dog.

Around $3.2 million has been set aside for a brand new 50 metre, 8 lane swimming-pool to be constructed next to the highly successful and well patronized Northam Recreation Centre (NRC).

Yes- it is the exact same one that the Shire of York never appeared to look at during its YRCC business model, fact-finding meanderings through the Wheatbelt.

This, along with a brand new Aldi and Dome Restaurant (and Centrelink) makes Northam the undisputed Queen Bee of the Avon.

All this money has come from the Australia-wide ‘Building Better Regions Fund’ with WA receiving around $45 million.

Of course, as usual, York, WA’s oldest inland town does not get a cent.

That is the bad news-here is the news on Allawuna and the electoral landfill of councillors (metaphorically speaking) if it is ever approved by Council.

A letter of interest-only regarding the possible intent to develop the SUEZ landfill site at Allawuna has been received by neighbouring farmers.

No authority, whether Local Government, or the appropriate Ministers and their departments have received any application regarding Allawuna from any interested party, including Avon Waste.

A prospective purchaser with no known links to the waste management industry allegedly made an offer on Allawuna Farm close to the original SUEZ offer. This was rejected, possibly because it was for the entire farm, not just for the landfill site with its enormously inflated, per hectare, value.

So there is still a window of opportunity for companies committed to garbology.

SUEZ received approval from the former government, its relevant Ministers and departments for non-approved land use, according to the Shire of York records. This approval, possibly subject to a ‘Sunset Clause’ over-road any current local shire objections and will remain in full force and effect until the sun sets around March 2018.

So it may still be a case of fighting the good fight until the former government’s approval time-frame runs out.

In York’s favour is the fact that, arguably, extremely stringent environmental and disaster management measures must be met prior to any new approval being given for a landfill on Allawuna.

Despite what the former government and its Minister for Water, Mia Davies, said, Allawuna Farm is in a water-catchment area, a high impact earthquake zone and the area is subject to a meteorological temperature inversion that can trap airborne contaminants to the surrounding farms’ environmental detriment.(You would be better off dumping rubbish in the Garden of Eden.)

All the studies done by SITA/SUEZ regarding environmental damage to counter any objections was done at great cost, time, labour, expertise, effort and with a major smattering of bullshit.

SUEZ is highly unlikely to hand over its hard-earned intellectual property to some other waste management company without charging them a zillion dollars-or without having its own fingers in the putrid pie.

It would be fair to say that any new applicant should have to repeat this time consuming, expensive process to ensure it has the expertise to provide a safe and secure rubbish tip.

The Avon Valley has already had a financial disaster for a waste management company. It has to replace a massive, below ground liner because it did not meet the standard required.

None of the above is in defence of the current Shire of York Council- but it has to actually know what is going on before making public statements about anything.

In this particular case it appears, on the surface anyway, that there is nothing to tell at this stage.

If Allawuna Farm is revisited as a waste dump, you will hear the chains rattling against its farm-gate from York, to Perth, to Parliament House.

If you are still worried contact your local MP Mia.Davies@mp.wa.gov.au. She is the Leader of the Nationals only and has no shadow ministerial portfolio. So she should have plenty of time on her hands to listen to communities in her electorate and act in their best interest.

David Taylor.

NO SURPRISE HERE (Public Office and Social Media do not mix- and York is a rabbit in the headlights-again)

SPOILER ALERT. THE GAME OF (LG) THRONES- the Prince of Probity is dead-long live the Prince!

While you consider the relative merits of what is written below, it is time to have a minutes silence for BRAD JOLLY. 

Joe/Josephine Public has become aware that the Prince of Probity has prodded and probed his last rectitude and has joined the ranks of public servants who have suffered chronic ‘laborcide’.

He is now supposedly ensconced in the bowels of some agency where he cannot cause too much trouble by calling those he was hired to assist-‘mendicant’ even if some are!

Even Jolly’s BMF, the Mayor of Joondalup, Troy Pickard, has a formidable job applicant for his job in the form of Albert Jacob, the former Liberal Minister for Whatever.

The coup de grace was Jolly’s inability to explain what probity means to the Mayor of Perth, Lisa Scaffidi, who is now Number One on Premier, Mark McGowan's most wanted intransigent list with a record of gift non-disclosure accusations as long as your arm.

Once there was TONY SIMPSON, JENNIFER MATTHEWS and BRAD JOLLY- now there is none.

The moral of the story is don’t mess with Social Media, it has teeth and can bite!

In his first Governance Bulletin, the new Acting Director General of the newly re-badged Department of Local Government, Sport and Cultural Industries (DLGSC),Duncan Ord, has advised those interested of the perils of Public Officers’ involvement in Social Media.

It comes as additional, official confirmation that two Shire of York Councillors and two senior managers should have known better than becoming members of a controversially named, local, closed Facebook club.

It is a timely reminder to York’s Deputy Shire President, Denese Smythe and Councillor Trevor Randell that they bear a responsibility to their electors not to be a party to neighbourhood spats by joining a closed Facebook club such as ‘York Bitching’.

It also raises the question of just how well (or ill) informed of the rules (that should be obeyed) are these two councillors, despite their years in public office.

There are serious ramifications involved in comment on Social Media by elected members of LGA Councils. They come in the form of the Local Government Act 1995, the Local Government (Rules of Conduct) Regulations 2007 and last, but by no means least, the Defamations Act 2005.

The defendants in Social Media defamation cases hope against hope it cannot be verified how many have read an obviously defamatory discourse that is to be subject to litigation.

The plaintiffs and their lawyers rub their hands with glee because in ‘York Bitching’s’ case they would have a plethora of witnesses, potentially in the hundreds.

Cyber technology has added a whole new, and difficult, dimension to the interpretation of defamation law that involves publically elected officials and also public officers.

Social Media platforms are ‘sans frontieres’ (without borders) meaning that the end result can be global, where anyone with an internet service across the 24 time zones, in 196 countries, can gain access to what you have written.

Duncan Ord suggests that any public officials who use the excuse that involving themselves in social media is ‘a means of keeping a finger on the community’s pulse’ should be careful.

The excuse made by CEO, Paul Martin, that he had joined ‘York Bitching’ to better understand how the Shire could best provide its own Facebook communications platform to the community is similar to ‘fingering the pulse’, and tends to stretch the imagination.

The Shire had already viewed the City of Vincent’s Social Media Policy and found it to be a sound framework to manage communication and engagement with the York community.

So it would appear there could be a few degrees of separation between Mr. Martin’s formal excuse to the DLGSC- and the truth.

Both Mr. Martin and Paul Crewe have been in the local government game long enough to understand that their membership of ‘York Bitching’ could have some serious implications.

This would be under local government legislation including the ‘Act’ and the Rules of Conduct Regulations.

It did have implications and Jenni Law from Local Government Regulations told Mr. Martin to pull the pin.

As the Local Government Elections for 2017 approach, Mr. Ord, is happy to advise those such as Councillor’s Smythe and Randell that under Section 5.105 of the Local Government Act 1995 they should keep certain local government area complaints in the strictest confidence.

Otherwise, during the election period from September 7, 2017 to October 21, 2017, they, all other councillors and prospective candidates can face fines of up to $5,000.

So it is best for all to keep eager fingers away from laptop keys or be prepared to put lots of money where your mouth is.

Interestingly enough Acting Director General, Duncan Ord, has used his Governance Bulletin to heap praise on a number of his senior staff including his deputy and Jenni Law.

Absent from the accolades is York’s best buddy, Brad Jolly, the Executive Director Sector Regulation and Support who is Ms. Law’s boss, and through his support of Commissioner, James Best, cost York ratepayers up to $1 million- and counting.

It may be an inconvenient truth for Mr. Jolly but he may be on the slippery slope to demotion or dismissal. As usual the public will be the last to know.

David Taylor.

HOW DOES YORK RATES REALLY RATE. (Not good- so answers should be required)

Letters have been sent to the Hon. Rita Saffioti, Minister for Lands, the Hon. David Templeman Minister for Local Government and Mr. Paul Martin, Chief Executive Officer Shire of York. The Shire of York President, David Wallace, has also been informed.

It was with regard to ‘LANDGATE GRV VALUATION DISCREPANCY BETWEEN A RESIDENTIAL PROPERTY IN PERTH AND YORK’.

It questioned the information clearly and succinctly given on two separate RATE NOTICES

The recipients were told to note that the Rate Notice/ Tax Invoice information was for two private residential addresses of domestic properties and should be considered Private & Confidential other than for their responses to the questions raised in the correspondence.

It questioned the extraordinary variance in domestic property rate-in-the-dollar valuations between a residential/domestic property in the City of Joondalup and a residential/domestic property in the Shire of York.

Specifically the City of Joondalup Gross Rental Valuation (GRV) for a particular property is $16900- is charged at 5.3090 cents in the dollar- being a total of $897.22.

The Shire of York Gross Rental Valuation (GRV) for a similar property is $14,820- is charged at 11.8490 cents in the dollar- being a total of $1,756.02.

Unlike the City of Joondalup notice, the Shire of York’s gives a Minimum Rate Valuation on this property of $1,080 meaning it has charged its GRV at $676.02 above the Minimum Rate.)

This information alone shows that the Perth property has a GRV Valuation $2,080 more than the York valuation but pays $858.80 less on this GRV Valuation.

This could be considered double the financial pain.

The obvious question to the Minister for Lands and the Minister for Local Government is how this inequity and financial injustice is allowed to occur?

The following information which can be accessed through the Australian Bureau of Statistics makes the rating inequity even worse.

1. The Median House Price in the City of Joondalup is $510.000 with an annual capital growth rate of plus (+) 0.82% meaning a property (worth $510.000) increases in value by $4,182 every 12 months.

2. The Median house Price in the Shire of York is $300.000 with an annual capital  depreciation of minus (-) 5.51%, meaning a property (worth $300.000) devalues by $1,653 every 12 months.

The Valuer-General’s Office, within Landgate, revalued GRV property for the Shire of York that came into effect as of July 1, 2016.

Comparing the known valuation of a domestic properties in the City of Joondalup- with Median House Prices $210,000 greater, annual capital growth rate 6.33% greater, comparable land value probably 11.8 times higher and rate valuation 2 times less than the  Shire  of York, how does the Valuer-Generals Office explain the $858.80 differential in the rates charged?

With an average annual property devaluation of $1,653 within the Shire of York- and a $858.80 differential in GRV rates levied-its Ratepayers may suffer a negative financial impost of $2,511.80 per annum. So what formula does the Valuer-General’s Office use to deliver this inequitable result for the 2017-2018 Financial Year?

The questions put to the CEO of the Shire of York, Paul Martin, and for which the Minister for Local Government should require an answer are:-

a) what, if any, services are directly provided by this shire that are valued at $858.80 more than  those provided by the City of Joondalup?

b) is the 6.54 cents in the dollar additional impost paid be York ratepayers caused by the  Shire of York’s poor financial position of its own making, however, exacerbated by the inadequate governance regulations within the Local Government Act 1995 and inadequate performance monitoring by the Department of Local Government and its senior management?

and

c) does GRV valued rates revenue received by the Shire of York make up around 50% of its gross revenue and is 50 % of this rates revenue used to pay for the staff salary component and on-costs, their facilities and the day-to-day running costs of the Shire.

If so:-

i)  is this percentage of revenue spent on staff levels affordable and sustainable?

ii) does the performance of this staff justify this expenditure by meeting all Local Government Area performance criteria as prescribed by the WA State Government and the Department of Local Government?

I await your responses.

The response from the Minister for Local Government will be that he has no jurisdiction over the setting of domestic property rate levies in Local Government Areas, but that there will be a substantial review of the Local Government Act 1995 in 2018.

The response from the Minister for Lands will be that any variance between the Minimum Rate and the rate levied by the Shire of York is not the Valuer-General’s problem, but the Shire of York raising additional revenue to meet shortfalls in its budget.

Mr. Martin will have no comment to make.

Spoiler Alert!

Speaking of comments, here are a couple for Anonymous 1 August at 13.15

In response, the parsing (punctuation and sentence structure) is to allow for the mentally disenfranchised, with few literacy and numeracy skills to understand what is being said. Do you understand that?

Anonymity, in your case, is cowardice. A Vendetta is what you should worry about.

Everyone knows few care about UN Resolutions. The sanctity of ‘Placenames’ was used as a ploy, to embarrass and shame! It was nothing more than that you Dimwit.-Do you now feel embarrassed and ashamed as you keep others amused?

‘Moonbeam’ – I love it. There is nothing more amusing than hunting down anonymous spiders under rocks and watch them scuttle away- is there “Petal”?

Yours sincerely
David Taylor.
York ratepayer.