Minutes of All Purpose Committee

SHIRE OF ESPERANCE

MINUTES

All Purpose Committee Meeting HELD IN Council Chambers ON
15 NOVEMBER 2011

COMMENCING AT 1.00 pm

1. OFFICIAL OPENING

The Presiding Member declared the meeting open at 1.06pm.

2. ATTENDANCE

Members

Cr B Stewart, JP Presiding Member Town Ward

Cr N Bowman Deputy Presiding Member Rural Ward

Cr M Heasman Town Ward

Cr V Brown Rural Ward

Cr P Griffiths Town Ward

Cr R Mansell Town Ward

Cr L McIntyre Town Ward

Cr W Rodgers Town Ward

Cr N Walker Rural Ward

Shire Officers

Mr M J (Mal) Osborne Chief Executive Officer

Mr D Kennedy Director Corporate Services

Mr G Harris Director Engineering Services

Mr R Hilton Director Community Services

Mrs B O’Callaghan Manager Financial Services

Mr D Fotheringham Manager Planning Services

Mr G Golinski Manager Governance & Strategic Projects

Ms C Spain Minutes Secretary

Members of the Public & Press

Bronwyn Smith

Sonny Graham

Ann Mathieson

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr R Hindley Director Development Services

Mr S McKenzie Manager Engineering Administration

4. PUBLIC QUESTION TIME

Nil Questions

5. Deputations, Presentations, Inspections, Petitions

Bronwyn Smith and Ann Mathieson addressed the Committee with a PowerPoint presentation regarding the Nulsen Community Garden. The issues raised included the strengths, challenges and opportunities the community organisation is currently facing.

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

Cr Heasman - item 5.3 within Flinders Stage 2/Shark Lake Sales Sub-Committee Meeting Minutes due to being involved in other property development.

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Brown - item 8.6 Museum Village Markets - Dissatisfaction Petition as she is associated with the Esperance Fundraising Group and museum shopkeepers

7. CONFIRMATION OF MINUTES

Officer’s/Committee Recommendation

Moved: Cr Heasman

Seconded: Cr McIntyre

AP1111-001

That the Minutes of the All Purpose Committee Meeting held on the 18 October 2011 as amended at the Ordinary Council Meeting held on 25 October 2011 be confirmed as a true and correct record.

CARRIED

F9 – A0

Voting Requirement: Simple Majority

8. Matters Requiring a Determination of Council

8.1 MUSEUM VILLAGE MARKETS - DISSATISFACTION PETITION

Author/s	Rod Hilton	Director Community Services
Authorisor/s	Mal Osborne	Chief Executive Officer
	Rod Hilton	Director Community Services

File Ref: M.3.6

Applicant

Museum Village Shop Owners

Location/Address

Museum Village

Executive Summary

A petition signed by 55 people was lodged with the CEO and tabled at the October All Purpose Committee meeting expressing dissatisfaction over the running of the Museum Village Markets by the Esperance Community Fundraising Group and the lack of an effective Permit review process.

Recommendation in Brief

That the petitioners be advised that the next review of the Museum Village Markets Permit holders will be undertaken by the CEO in August 2012.

Background

Amanda Thomas on behalf of the Museum Village Shop owners has written to the CEO requesting the coordination of the Museum Village Markets to be handed back to the Museum Village Shop Owners (the previous Market Permit Holder).

Attached to the letter is a petition signed by 55 people against the lack of a 12 monthly review by the Shire for the position of market coordinator for the Museum Village Markets and expressing dissatisfaction over the manner in which the Esperance Community Fund raising Group has been running the markets.

The letter states that market stall holders are boycotting the markets due to the lack of respect and distain towards them shown by the Market Coordinators, Brian and Joyce Pearce.

An additional 6 letters of complaint have been received from market stall holders regarding:

1. Lack of communication during review period – stall holders were waiting for an opportunity to

voice their opinions but were not given an opportunity to express these.

2. Cost of stall permits too high at $15 per stall per market

3. Threats to move markets away from Museum Village

4. Unauthorised use of power

5. Unauthorised entry onto leased premises

6. Lack of communication between Market Coordinators and Stall holders

7. Request for additional Markets at Museum Village on alternative Sundays coordinated by a market stall holders group

8. Bullying and swearing by the Market Coordinators

9. No improvements or enhancements to the Markets

Officer’s Comment

Council has delegated authority to the CEO (Res O0710-1479) to issue Museum Village Market permits without further reference to Council.

The Esperance Community Fund Raising Group was issued with a permit to coordinate the Museum Village Markets during August 2010 for a 3 year period subject to an annual review of it’s performance.

The first review was conducted in August 2011.

During the early stages of coordination by the Esperance Community Fundraising Group there were a series of complaints lodged. However, in the latter part of the year, the Market stall holders appeared to have settled and the complaints ceased. Given that no recent complaints had been received and the numbers of stall holders were increasing, another permit was issued to the Esperance Community Fundraising Group to coordinate the Markets for the next 12 months.

Following receipt of the Permit the Esperance Community Fundraising Group proceeded with renewal of its Public Liability Insurance. This is a requirement under Councils conditions to operate the Markets. On renewing insurance the Group was informed of a significant increase in premiums which it decided to pass on to the stall holders by increasing the stall holders fees from $10 to $15/stall/market. This appears to have been the catalyst for a new wave of dissent from the Market stall holders.

Council may choose to consider the following options:

Request the CEO to undertake another review of the manner in which the Museum Village Markets are being operated to determine if the Museum Village Markets are being operated in accordance with the “expression of interest” tendered by the current Market Permit Holder – Esperance Community Fund Raising Group.

Request the CEO to advise the current Market Permit Holder- Esperance Community Fund Raising Group of the complaints received and that further complaints may result in an additional review of the entitlement of the Museum Village Market Permit holder to continue to operate the Markets.

Acknowledge the complaints and request the CEO to advise the petitioners that the next review of the Museum Village Markets Permit holders will be undertaken by the CEO in August 2012.

Consultation

The CEO and Director Community Services met with the Market Coordinator Mrs Joyce Pearce and the President of the Esperance Community Fund Raising Group Mr Brian Pearce to advise them of the petition and complaints received about coordination of the Museum Village Markets.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are in relation to the receipt of a petition under the Shire of Esperance Local Law Standing Orders 2001 section 3.6.

Policy Implications

The policy implications arising from this report are contained in Policy COMM-005 Museum Village Markets.

The objectives of the Policy being:

1. In accordance with Councils Strategic Action Plan Strategy No. 68: To develop the Museum Village precinct as the tourism focal point of Esperance.

2. To encourage a mixture of commercial and non commercial stall holders to increase the vibrancy and attraction of the Museum Village Markets to tourists and locals

3. To encourage the participation of local community groups in the operation of the markets

Strategic Implications

Strategic Action Plan 2007 - 2027

No. 68 : To develop the Museum Village precinct as the tourism focal point of Esperance.

Environmental Considerations

Nil

Attachments

Nil

Officer’s/Committee Recommendation

Moved: Cr Brown

Seconded: Cr Bowman

AP1111-002

That Council advise the petitioners that:

1. The Esperance Community Fundraising Group has been issued with a permit to conduct the Museum Village Markets for a 3 year period ending August 31st 2013 subject to an annual review by the CEO;

2. The first annual review of the current Permit to conduct the Museum Village Markets was undertaken by the CEO in August 2011 and a new permit was issued to the Esperance Community Fund Raising Group to coordinate the Museum Village Markets until the next review period in August 2012; and

3. The Esperance Community Fund Raising Group will be advised of the complaints and that the receipt of further complaints may result in an additional review of it’s entitlement to hold the Museum Village Markets Permit.

CARRIED

F9 – A0

Voting Requirement Simple Majority

Cr Brown moved the following substantive motion in relation to this item

Officer’s/Committee Recommendation

Moved: Cr Brown

Seconded: Cr McIntyre

AP1111-003

That Council;

Requests that the parties involved in the Museum Village Markets, namely the Esperance Community Fund Raising Group, the Market Stallholders and the Museum Village business proprietors, make every effort to work collaboratively for the overall benefit of the Museum Village Markets and the Museum Village Shops in enhancing the Museum Village as a tourism focal point for Esperance, and
Requests that the Chief Executive Officer completes a formal review of the Market Coordinator’s position and the Market’s operations by the end of April 2012.

CARRIED

F9 – A0

Voting Requirement Simple Majority

8.2 PROPOSED ROAD DEDICATION - JOHN STREET; HARDY STREET; THE ESPLANADE

Author/s	Jennifer Parry	Engineering Administration & Project Officer
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: OAM.1.3-02

Applicant

Main Roads Western Australia (MRWA)

Location/Address

As per attached MRWA Plan Numbers 0960-020-1; 0960-021-03; 1160-207-1.

Executive Summary

To enable Council to make an informed decision on the proposed road dedication to portions of John Street, Hardy Street and The Esplanade as indicated.

Recommendation in Brief

That Council agree to the dedication of the land, the subject of Main Roads Drawings numbered 1160-270-1, 0960-021-3 and 0960-020-1 as road under Section 56 of the Land Administration Act 1997.

Background

MRWA is planning to proceed on the Esperance Port Transport Corridor Project which involves reconfiguration of existing road and rail services to improve the efficiency of transport associated with the port and to improve the safety and amenity of commuter traffic and pedestrians.

To accommodate the works, it is necessary to acquire and dedicate the land as shaded on Main Roads Drawings 1160-207-1, 0960-020-1 and 0960-021-3.

To enable the land to be dedicated as road reserve, it is a requirement of the Land Administration Act that Local Authority concurrence be given to the dedication action.

Main Roads will indemnify Council against all costs and charges that relate to this dedication action.

Officer’s Comment

The majority of land is owned by State Government with a few privately owned properties having been acquired by Main Roads Western Australia; this process is to allow the amalgamation of lots to allow the Esperance Port Transport Corridor Project to progress.

Consultation

Nil

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Section 56 of the Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 - 2027

80. Give high priority to the development and maintenance of a close and proactive working relationship with the Esperance Port Authority

a) Endeavour to continue close communication and co-operation with the Esperance Port Authority for the betterment of the Esperance community.

Environmental Considerations

Nil

Officer’s/Committee Recommendation

Moved: Cr Rodgers

Seconded: Cr Walker

AP1111-004

That Council agree to the dedication of the land, the subject of Main Roads Drawings numbered 1160-270-1, 0960-021-3 and 0960-020-1 as road under Section 56 of the Land Administration Act 1997.

CARRIED

F9 – A0

Voting Requirement Simple Majority

8.3 TENDER 05/11 - AIRPORT TERMINAL EXTENSION

Author/s	Scott McKenzie	Manager Engineering Administration
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: TEN05/11

Applicant

Engineering Services

Location/Address

Executive Summary

To allow Council to award Tender 05/11, being for the Extensions to the Esperance Airport Terminal to allow for Security Screening.

Recommendation in Brief

To award Tender 05/11 Airport Terminal Extensions to ISIS Group Australia Pty Ltd at a total cost of $2,360,734 (Exc GST).

Background

The Aviation White Paper was released by the Federal Minister for Infrastructure, Transport, Regional Development and Local Government, Hon Anthony Albanese on 16th December 2009, and included an alteration to security arrangements that requires Esperance Airport to screen passengers and checked baggage from 1st July 2014. In April 2010, this date was subsequently brought forward to 1st July 2012.

This new requirement requires the Shire to extend the current Terminal Building to allow for Checked Baggage & Passenger screening areas, a sterile lounge where passengers can be held after screening, and some further space to handle Checked Baggage Screening Equipment and associated office space.

During the Special Council Meeting held on Tuesday, 7^th December 2010, Council debated the merits of either requesting Skywest to reweigh the Fokker 50 to fall under the 20,000 kg Maximum Take-Off Weight trigger or commit to screening passengers and baggage. Council at that time decided to go ahead preparing an Airport Masterplan, designing an improved Terminal and sourcing funding for the construction & security screening equipment.

During a subsequent Special Council Meeting on Tuesday, 30^th August 2011, Council discussed the Concept Plan that was developed within the Airport Master Plan process and resolved the following motion;

That Council resolve to call tenders for the Esperance Airport Terminal Extension (including the option of staging the construction), based on the Concept Plans as contained within the Esperance Airport Masterplan 2011/2030, with further consultation on the final design being undertaken with Council, prior to finalising working drawings

As per the above resolution, the Concept Plan was discussed by Council during a workshop held on 30^th August 2011. Feedback from Council was then incorporated into the Tender documentation.

Tender 05/11 was subsequently prepared and closed on Wednesday, 12^th October 2011. Although there were more than 60 requests for the tender documentation, only two tender submissions were received.

These two submissions were evaluated by Shire of Esperance staff and Western Australian Local Government Association (WALGA) staff and a recommendation report prepared.

Tenders were evaluated using the following criteria;

Description of Qualitative Criteria	Weighting
Demonstrated Capacity and Experience	30%
Tenderers Resources	35%
Performance (ability to complete prior to 1^st July 2012)	35%

The evaluation produced the following results;

Tenderer	Weighted Score
ISIS Group Australia Pty Ltd	76.17
Smith Construction	44.71

Once the Tenders were ranked, the evaluation panel made a value judgement as to the cost affordability, qualitative ranking, and risk of each Tender, in order to determine the Tender which is most advantageous to the Shire.

The proposed price was considered along with related factors affecting the total cost to the Shire e.g., the lifetime operating costs of goods, or the Principal’s Contract management costs may also be considered in assessing the best value for money outcome.

Officer’s Comment

In accordance with a direction from Council, the tender was advertised to allow for the following options;

· Option 1 – Extensions to Departures area only.

· Option 2 – Extensions to Arrivals area, demolish current Airport office and reclad/refurbish existing public toilets.

· Option 3 – Both Options 1 and 2.

The tenderer was requested to include the construction of the additions needed for the security equipment as well as the projected increase in passenger volume over the next 10-15 years. The baggage carousel equipment to feed the Checked Baggage Screening Equipment and Arrivals Carousel was also included.

Both tenders for Option 3 fell within the Budgeted amount of $2.5million, and there is a clear saving of $400,000 to $500,000 to complete all options within the one construction job. It is therefore recommended by staff that Council consider awarding the tender to complete extensions to both the Arrivals and Departure ends of the terminal (which includes the removal of the current Airport office and recladding of the associated toilets), also known as Option 3.

Council feedback will be sought on the final concept plan prior to the development of the construction drawings and commencement of construction.

Council also needs to remember the tight timeframes associated with the need to be screening all Checked Baggage and Passengers by 1^st July 2012.

The internal fitout of the Terminal Building is not included within the Design and Construction Tender. It is expected that there would be an additional $30-40,000 of expenses relating to chairs, office furniture, TV for Sterile Lounge etc that will be required prior to completion of the building. This will be organised by staff in conjunction with managing the building construction.

It is important to note that the Tender from ISIS Group Australia Pty Ltd is the only submission that declared that they were capable of completing the project within the time frame required.

In summary, ISIS Group are able to complete the project within the timeframe and budget and have experience in a similar project for Karratha Airport.

Consultation

WALGA have assisted in the preparation of the Tender documentation and evaluation of the submissions.

Financial Implications

During the Special Council Meeting on Tuesday, 30^th August 2011, Council amended the 2011/12 Budget to include $2,500,000 of Capital Expenditure to construct the extensions required. As mentioned earlier, both tenders are lower than this budgeted figure.

The Shire will also receive a maximum of $1,126,000 from the Regional Airports Development Scheme

Asset Management Implications

As with any new asset, there will be long term implications for the maintenance and renewal of the asset.

The Shire has the ability to recover all or a portion of the annualised cost through the collection of landing fees, an increased passenger head tax or a special security charge. A separate report or information will be provided to Council during the deliberations on the Fees and Charges for 2012/13.

	Capital	Annual	Comments
Capital	$2,500,000
Interest (economic cost)		$200,000	8% pa
Depreciation (ongoing costs)		$50,000	Over 100 years
Maintenance (ongoing cost)		$40,000	estimated

		$290,000	Per year

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 - 2027

Aviation Services - Aim for safe and secure aviation services that offer regularity and choice at an affordable cost for the residents of Esperance as well as tourist and business interests

No.90 - Develop the Esperance Airport and associated infrastructure and services to bring economic and social benefit to the region.

d) Investigate and implement strategies to ensure security and management practices are maintained at the highest standard.

Environmental Considerations

Nil

Attachments

Confidential Recommendation Report for Tender 05/11 - Under Separate Cover

Officer’s/Committee Recommendation

Moved: Cr Walker

Seconded: Cr Griffiths

AP1111-005

That Council award Tender 05/11 Airport Terminal Extensions to ISIS Group Australia Pty Ltd for;

1. Extensions to Arrival, Departures and new Office within Airport Terminal

2. Demolition of current Airport Office

3. Recladding of Public Toilets

4. Provision of CCTV to Departure area

at a total cost of $2,360,734 (exc GST).

CARRIED

F8 – A1

(Against Cr Rodgers)

Voting Requirement Simple Majority

8.4 TENDER 06/11 - AIRPORT SECURITY SCREENING EQUIPMENT

Author/s	Scott McKenzie	Manager Engineering Administration
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: TEN06/11

Applicant

Engineering Services

Location/Address

Executive Summary

To allow Council to make an informed decision with regard to awarding Tender 06/11, being for the purchase of Security Screening Equipment to allow for Screening of Checked Baggage and Passengers at Esperance Airport.

Recommendation in Brief

To purchase Security Screening Equipment from L3 Communications.

Background

The Aviation White Paper was released by the Federal Minister for Infrastructure, Transport, Regional Development and Local Government, Hon Anthony Albanese on 16th December 2009, and included an alteration to security arrangements that requires Esperance Airport to screen passengers and checked baggage from 1st July 2014. In April 20101, this date was subsequently brought forward to 1st July 2012.

This new requirement involves requiring the Shire to extend the current Terminal Building (the subject of a previous report to Council in this meeting) and the purchase of Security Screening Equipment to undertake the Screening activity.

Tender 06/11 Airport Security Screening Equipment closed on Wednesday 17^th October 2011, three submissions were received prior to the closing of the tenders. One late tender was received and was not evaluated.

Following the decision of the Minister to enforce the security screening onto the smaller airports, the Department of Infrastructure of Transport through the Office of Transport Security (OTS) made available a grants scheme whereby each affected airport could apply for up to $650,000 to assist in the cost of purchasing the required equipment.

The Shire of Esperance successfully applied for $650,000 to fund the purchase of;

· 1 x Checked Bag Screening X-Ray Equipment

· 1 x Walk-Through Metal Detection (WTMD) Equipment

· 2 x Explosive Trace Detection (ETD) Equipment

· 1 x Passenger Baggage X-Ray Screening Equipment

· 4 x Hand Held Metal Detectors

Officer’s Comment

These three submissions were evaluated by Shire of Esperance staff. Tenders were evaluated using the following criteria;

Description of Qualitative Criteria	Weighting
Details of the Security Equipment to be Provided	25%
Expertise of Personnel to undertake the installation	15%
Ability to Supply & Install prior to 11^th June 2012	30%
Whole of Life Cost to Council	30%

The evaluation produced the following results;

Tenderer	Weighted Score
L3 Communications	68.00
Smith’s Detection	67.25
Rapiscan	66.75

All tenders are extremely close with regard to the quality of the screening equipment, the Officer Recommendation to purchase L3 Communications equipment is due to the extended warranty (5 years for parts), slightly more compact size of the Passenger Screening X-Ray machine (only 200mm), the short start up times of the ETD and the ongoing training provided for the life of the machines.

It should also be made clear that the funding agreement from OTS stipulates that only the purchase price of the equipment will be reimbursed. Therefore there is a risk that the total purchase price tendered will not be 100% refunded by the New Entrant Funding from OTS, due to the inclusion of future Preventative Maintenance Servicing. Clarification was sought from OTS in this regard and we were referred back to the Funding Agreement.

However, if OTS do not refund the entire purchase amount, it simply means that the Shire is paying for some of the quarterly servicing in advance.

Consultation

Nil

Financial Implications

During the Special Council Meeting on Tuesday, 31^st August 2010, Council amended the 2011/12 Budget to include expense and income allocations of $650,000 to cover the purchase of the Security Equipment required and the associated funding from OTS.

It should be noted that there will be cashflow issues with regard to the timing of the purchase and associated grant income. The equipment will be invoiced upon installation in April/May 2012 and the grant income cannot be claimed until a Regular Passenger Transport flight has been screened. This will not occur until early in the 2012/13 financial year.

To date, the funding agreement with OTS is not signed. The Shire is in receipt of a letter dated 1^st June 2011 detailing that an allocation of $650,000 has been approved and a funding agreement will be prepared for signing. At the time of writing the report, no funding agreement has been received for signing. The author has contacted OTS to ascertain when it is likely to be received, however they are merely reporting that it is not ready for release and cannot give a timeline on when it will be received.

It is considered by staff that due to the tight timeframe involved, a tender for the security screening equipment should be accepted and the Funding Agreement followed through with as a matter of urgency. OTS are well aware that the Shire is considering the Security Screening Equipment Tender during the November 2011 Round of Meetings and there has been no indication that this will affect the grant funding.

Asset Management Implications

As with any new asset, there will be long term implications for the maintenance and renewal of the asset.

	Capital	Annual	Comments
Capital	$650,000
Interest (economic cost)		$52,000	8% pa
Depreciation (ongoing costs)		$65,000	Over 10 years
Maintenance (ongoing cost)		$20,000	Estimated

		$137,000	Per year

Statutory Implications

The Aviation Transport Security Act 2004, Aviation Transport Security Regulations 2005, Aviation Security Notice and Council’s (to be amended) Transport Security Plan detail the requirements with regard to providing a Security Screening Outcome at the Esperance Airport.

All security screening equipment must

· be currently qualified for use in aviation security screening by the United States Department of Homeland Security Transportation Security Administration, or

· be certified as meeting the current European Commission aviation security screening standard for X-Ray equipment used for screening the hold baggage of passengers, or

· be currently approved for use in aviation security screening by Transport Canada, or

· meet the requirements of another specified international transport security regulator as stipulated in a notice issued under Regulation 4.17 of the Aviation Transport Security Regulations 2005

All suppliers are able to prove that their equipments meets one of the specifications as shown above, with the exception of Rapiscan. However, Rapiscan have provided information that their equipment is due to be tested during November 2011 and they have full confidence that the equipment will pass the European Commission testing. It has been registered with the European Commission in the past.

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 - 2027

Aviation Services - Aim for safe and secure aviation services that offer regularity and choice at an affordable cost for the residents of Esperance as well as tourist and business interests

No.90 - Develop the Esperance Airport and associated infrastructure and services to bring economic and social benefit to the region.

d) Investigate and implement strategies to ensure security and management practices are maintained at the highest standard.

Environmental Considerations

Nil

Attachments

Nil

Officer’s/Committee Recommendation

Moved: Cr Heasman

Seconded: Cr Brown

AP1111-006

That Council award Tender 06/11 Airport Security Screening Equipment to L3 Communications for the purchase, installation and staff/contractor training as per the Tender Specifications of the following items;

· 1 x Checked Bag Screening X-Ray Equipment (MVT-HR CBS X-Ray)

· 1 x Walk-Through Metal Detection (WTMD) Equipment (ACX6.4-MV Dual View)

· 2 x Explosive Trace Detection (ETD) Equipment (OptEx v3.1 ETD)

· 1 x Passenger Baggage X-Ray Screening Equipment (CEIA 02 PN20 WTMD)

· 4 x Hand Held Metal Detectors (CEIA PD-140SVR)

at a total cost of $650,000 (GST Exc).

CARRIED

F9 – A0

Voting Requirement Simple Majority

8.5 ADOPTION OF NEW FEE - VETERINARY AUTOPSY

Author/s	Scott McKenzie	Manager Engineering Administration
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: OAE.18.1-06

Applicant

Engineering Services

Location/Address

Wylie Bay Tipsite, Wylie Bay Road.

Executive Summary

To consider the adoption of a new fee to control the timing and access to the tipsite for local Veterinary businesses to conduct autopsies of large animals.

Recommendation in Brief

To set a fee of $150 for animal autopsies that are conducted at Wylie Bay Landfill.

Background

Contained within the 2011/12 Schedule of Fees and Charges is a charge of $435 per annum which is charged to each of the Veterinary businesses to allow them to dispose of deceased animals at Wylie Bay Tipsite.

The Vets conduct autopsies of small animals (dogs, cats, etc) at their own premises, however as they do not have the space within their own premises to conduct autopsies of large animals (mainly cattle and horses), they have utilised the tipface to undertake this immediately prior to burial. This has involved the tip being closed to the public for up to 40 minutes to ensure that the public are not exposed to the autopsy.

Officer’s Comment

It is felt by staff that a better option is to force the Veterinary businesses to undertake the autopsy at 4pm (once the tip is closed to the public) and that they then be charged an additional fee per autopsy.

It is anticipated that a staff member would need to paid for up to an hour and a half at overtime rates, which would allow time to wait for the autopsy to be completed, open the gate for the Veterinary staff to leave, then cover the deceased animal.

It is also intended to enforce the following conditions;

· At least 4 hours notice given prior to delivery

· Autopsy only to be conducted at 4.00pm (tip closed to the public)

· Autopsy to incur additional fee (to cover plant and labour)

Consultation

The Waste Supervisor has consulted with Swann’s Veterinary Services. It is understood that they are in general agreement with the need to alter the process and charge a separate autopsy fee.

Financial Implications

The financial implications arising from this report would be a minimal increase in income, mostly offset by the additional wages and plant hours.

Asset Management Implications

Nil

Statutory Implications

Section 6.16 of the Local Government Act 1995 provides authority for Local Governments to impose fees and charges when adopting the annual budget, however new fees are able to be imposed during the financial year and/or amended, with a requirement to have the new or amended fee advertised by public notice. An Absolute Majority is required.

Policy Implications

Nil

Strategic Implications

Nil

Environmental Considerations

Nil

Attachments

Nil

Officer’s/Committee Recommendation

Moved: Cr Walker

Seconded: Cr Bowman

AP1111-007

That Council;

1. Set a fee of $150 (GST Exc) for an Animal Autopsy conducted at Wylie Bay Landfill.

2. Gives local public notice of the adopted Fees and Charges in accordance with Section 6.16 of the Local Government Act 1995.

CARRIED

F9 – A0

Voting Requirement Absolute Majority

8.6 2010/11 ANNUAL REPORT

Author/s	Greg Golinski	Manager Governance & Strategic Projects
Authorisor/s	Mal Osborne	Chief Executive Officer

File Ref: L.2.1

Applicant

Executive Services

Location/Address

N/A

Executive Summary

To present to Council for endorsement the Annual Report for 2010/11 as well as set a date and time for the Shire’s annual general meeting of electors.

Recommendation in Brief

That Council:

1. Accepts the 2010/11 Annual report as presented.

2. Convenes the annual general meeting of electors for 7pm Tuesday 13 December 2011 at the Esperance Civic Centre.

3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act, provide the requisite statutory local public notice of the acceptance of the 2010/11 Annual Report and the time and date of the annual general meeting of electors.

Background

Pursuant to sections 5.53 and 5.54 of the Local Government Act (the Act), the Shire is required to prepare an Annual Report and present it to Council for acceptance by 31 December of each calendar year.

Furthermore, section 5.57 of the Act stipulates that a general meeting of electors is to be held once every financial year, but not more than 56 days after the local government accepts the Annual Report for the previous financial year.

Officer’s Comment

A copy of the 2010/11 Annual Report has been distributed under separate cover for the consideration of Elected Members. The attached Annual Report excludes the audit report and financial statements, which will be considered independently by the Audit Committee. These will then be consolidated once adopted to form the final Annual Report.

The Shire has historically held its general electors meeting to coincide with either the November or December Standing Committee meetings. In 2011, the December All Purpose Committee meeting is scheduled for Tuesday, 13 December 2011. If last year’s timing is repeated, this would result in planning for a general meeting of electors at 7pm on Tuesday, 13 December 2011. It is suggested that the Civic Centre may be a more appropriate venue than the Chambers. Dinner would be served for Councillors between the conclusion of the All Purpose Committee meeting and the commencement of the general electors meeting.

Section 5.29 of the Act requires the Chief Executive Officer to give at least 14 days local public notice of this meeting, which can be accommodated should Council endorse this date and time.

Consultation

Executive Services

Corporate Services

Community Services

Engineering Services

Development Services

Financial Implications

All advertising costs can be accommodated within the 2011/12 budget.

Asset Management Implications

Nil

Statutory Implications

Sections 5.27; 5.29; 5.53; 5.54 and 5.55 of the Act apply.

Policy Implications

Nil

Strategic Implications

Nil

Environmental Considerations

Nil

Attachments

2010/11 Annual Report - Under Separate Cover

Officer’s/Committee Recommendation

Moved: Cr Heasman

Seconded: Cr Brown

AP1111-008

That Council:

1. Accepts the 2010/11 Annual report as presented.

2. Convenes the annual general meeting of electors for 7pm Tuesday 13 December 2011 at the Esperance Civic Centre.

CARRIED

F9 – A0

Voting Requirement Absolute Majority

9. Financial Services Report

9.1 FINANCIAL SERVICES REPORT OCTOBER 2011

Officer’s/Committee Recommendation

Moved: Cr Bowman

Seconded: Cr Walker

AP1111-009

That the Monthly Financial Management Report (incorporating the statement of Financial Activity and the Accounts for Payment) for the month of October 2011 as attached be received.

CARRIED

F9 – A0

Voting Requirement Simple Majority

10. Advisory Committee Recommendations

10.1 ESPERANCE SUPERTOWNS PROJECT TEAM MEETING

Refer to the attached bright purple paper for the minutes of the Esperance SuperTowns Project Team Meeting held on 28 September 2011

Officer’s/Committee Recommendation

Moved: Cr Brown

Seconded: Cr Walker

AP1111-010

That the Minutes of the Esperance SuperTowns Project Team Meeting held on the 28 September 2011 be received.

CARRIED

F9 – A0

Voting Requirement Simple Majority

10.2 ESPERANCE MUSEUM MANAGEMENT COMMITTEE MEETING

Refer to the attached bright blue paper for the minutes of the Esperance Museum Management Committee Meeting held on 4 October 2011

Officer’s/Committee Recommendation

Moved: Cr Walker

Seconded: Cr Griffiths

AP1111-011

That the Minutes of the Esperance Museum Management Committee Meeting held on 4 October 2011 be received.

CARRIED

F9 – A0

Voting Requirement Simple Majority

10.3 LAKE MONJINGUP DEVELOPMENT COMMUNITY GROUP MEETING

Refer to the attached light blue paper for the minutes of the Lake Monjingup Development Community Group Meeting held on 4 October 2011

Officer’s/Committee Recommendation

Moved: Cr Bowman

Seconded: Cr McIntyre

AP1111-012

That the Minutes of the Lake Monjingup Development Community Group Meeting held on 4 October 2011 be received.

CARRIED

F9 – A0

Voting Requirement Simple Majority

10.4 FLINDERS STAGE 2/SHARK LAKE SALES SUB-COMMITTEE MEETING

Refer to the attached light purple paper for the minutes of the Flinders Stage 2/Shark Lake Sales Sub-Committee Meeting held on 11 October 2011

Officer’s/Committee Recommendation

Moved: Cr Walker

Seconded: Cr Bowman

AP1111-013

That the Minutes of the Flinders Stage 2/Shark Lake Sales Sub-Committee Meeting held on 11 October 2011 be received.

CARRIED

F9 – A0

Voting Requirement Simple Majority

Cr Heasman declared a Financial Interest and left the chambers at 2.37pm

10.4.1 CURRENT STATUS OF REMAINING LOTS

Further to item 5.1 above, 21 of the 29 residential lots that have been offered for sale have been sold as at 11 October 2011. Committee members will recall that titles for the remaining 60 lots are yet to be obtained, pending the lifting of the restrictive covenant that exists over the balance of title. The Affidavit for the lifting of the restrictive covenant is currently sitting with the Supreme Court Registrar awaiting consideration.

The Deposited Plan for the balance of lots was marked “in order for dealings” (IOFD) by the WAPC in February 2011, pending the removed of the Restrictive Covenant. There is a 2 year timeframe to obtain titles once a deposited plan has been marked IOFD. With this in mind, it is recommended that Officers be requested to obtain the remaining 60 titles as soon as the Supreme Court process has run its course.

Once titles are obtained, a decision will need to be made by the sub-committee (Council) as to when and how the remaining lots are put to market.

Discussion also took place on the following topics:

· The possibility of developing design guidelines for future cottage lot and grouped dwelling sites within Flinders; and

· The requirement for a buffer between developed land at Flinders Stage 2 and future stages, to ensure the minimisation of noise, dust and vibration concerns.

It was agreed that these elements would be discussed at a future meeting of this committee, once the remaining 60 titles had been obtained.

Committee Recommendation

Moved: Cr Rodgers

Seconded: Cr McIntyre

AP1111-014

That Council:

1. Receive the information;

2. Request the Chief Executive Officer arrange for titles to be obtained for the remaining 60 Flinders Stage 2 lots as soon as practicable; and

3. Request the Chief Executive Officer prepare a subsequent report to the Flinders/SLIP Sales Committee ones titles are obtai9ned, such that future sales of the remaining land can be debated.

CARRIED

F8– A0

Voting Requirement: Simple Majority

Cr Heasman returned to the chambers at 2.38pm

10.4.2 DEVELOPMENT OF FUTURE RESIDENTIAL STAGES – FLINDERS STAGE 3

At the last meeting of the Flinders/SLIP Sales Committee, the following resolution was passed:

“That Council request the CEO commence business planning for the future development of land in the south-western corner of Flinders, and present a subsequent proposal to a future meeting of the Flinders/Shark Lake sales sub-committee”

This work has limited progression in the past 3, and a future report will be presented to the Sales Committee early 2012.

It was agreed that the following the 2011 shire if Esperance election, a land forum/workshop should be organised for early 2112, not only in relation to Flinders, but also other Shire, WA Government private land developments.

Committee Recommendation

Moved: Cr Rodgers

Seconded: Cr Bowman

AP1111-015

That council request the Chief Executive officer convene a land forum in early 2012, which will deal with private, Shire and other Government land developments and opportunities.

CARRIED

F9 – A0

Voting Requirement: Simple Majority

11. Information Bulletin

11.1 INFORMATION BULLETIN

Officer’s/Committee Recommendation

Moved: Cr Walker

Seconded: Cr Brown

AP1111-016

That the items contained within the All Purpose Committee Meeting Information Bulletin be received.

CARRIED

F9 – A0

Voting Requirement Simple Majority

12. New Business of an Urgent Nature Introduced by Decision of Meeting

The following item(s) of urgent business was accepted for consideration by the majority of the members of the All Purpose Committee.

Committee Recommendation:

Moved: Cr Griffiths

Seconded: Cr Walker

AP1111-017

That the members of the All Purpose Committee agreed to the introduction of the following late items for decision.

CARRIED

F8 – A1

(Against Cr Heasman)

Voting Requirement: Simple Majority

12.1 COMMUNITY ARTS AND ACTIVITIES FUNDING

Author/s	Lynda Horn	Community Services Officer
Authorisor/s	Rod Hilton	Director Community Services

File Ref: OAC.19.1-02

Applicant

Internally – Community Services

Location/Address

Internal

Executive Summary

To approve applications received for funds from the October round of the Community Arts and Activities funding.

Recommendation in Brief

That Council approve the following Community Arts and Activities Fund applications

1. Cannery Arts Centre $1,500

2. ESCARE Inc $1,000

Background

The total Community Arts and Activities fund budget for 2011/2012 is $12,000 (a/c 03-03023-509). There is currently $7,950 remaining in this account.

Two applications were received by the due date of 11 November 2011.

Application summaries as outlined below:

1. The Cannery Arts Centre – “Cannery Summer School 2012”

Purpose: The Cannery will provide art and craft workshops to the Esperance Community and visitors to the region in their popular school Holiday program, which will run for three weeks in January 2012.

Participants: Anticipated participation is 128 children aged between 6 – 12 years, 15 Youth aged 13 – 25 years and 30 adults throughout the three week period.

Funding Request:

Total Project Cost: $9,767

Applicant/other Contributions: $7,767

Amount Requested: $2,000

The Cannery Arts Centre have acquitted their previous funding accordingly.

The last program (Spring Kick Arts) saw 93 participants, the last summer holiday program saw 153 participants

2. ESCARE Inc – “Esperance Vacation Care”

Purpose: Escare will be providing child care services during the summer school holiday period and engaging school aged children in activities including cooking, games, excursions and musical activities.

Participants: Kindy, Pre primary, primary school aged children who are at risk or disadvantaged. Maximum daily participant number is 30, however attendance is usually only 15 per day.

Funding Request:

Total Project Cost: $19,100

Applicant/other Contributions: $17,100

Amount Requested: $2,000

Escare have acquitted their previous funding accordingly.

Officer’s Comment

The Cannery Arts Centre and ESCARE have acquitted all of their previous funding and have no outstanding documentation. These applications all fit within the Community Arts and Activities Funding guidelines.

Consultation

The applications were reviewed by the Community Arts and Activities Funding sub-committee and approved for funding accordingly. The sub-committee consists of Cr Stewart and Cr Bowman.

Financial Implications

Nil

Asset Management Implications

N/A

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 - 2027

People, Lifestyle and Community – “Provide funds to community based organisations and exceptional individuals for the promotion and development of projects that compliment the Community Vision”

Environmental Considerations

N/A

Attachments

Copies of the funding applications are available through TRIM (reference numbers CR11-6860, CR11-6858)

Officer’s/Committee Recommendation

Moved: Cr Bowman

Seconded: Cr McIntyre

AP1111-018

That Council approve the following Community Arts and Activities Fund applications

1. Cannery Arts Centre $1,500

2. ESCARE Inc $1,000

CARRIED

F9 – A0

Voting Requirement Simple Majority

13. ELECTED MEMBERS

Cr Stewart requested an update on the black water dump point. The Director Engineering Services advised the dump point has been finished, and the Shire is currently sourcing a contractor to open, close and clean the site each day. Possible options for the opening, closing and cleaning of the dump point are being investigated. The Director Engineering is going to seek clarification from Water Corporation whether the site is required to be locked at night.

Cr Stewart asked why there is gravel being spread on Wittenoom Road and then picked up and carted off again. The Director Engineering advised the gravel may have been spread because it’s too wet, but he will look into the situation and speak to the supervisor.

14. SHIRE OFFICERS

The Director Corporate Services advised Councillors that the change to Managed Services on Monday was a success and went smoothly. There is still an issue with speed but this will be resolved. The Director Corporate Services advised once these smaller issues are fixed the IT department will look into setting up Shire email addresses for the Councillors.

The Director Engineering gave an update of the Truckwash and advised that the Shire has sent letters to stakeholders explaining that the Department of Agriculture will close the facility on 31 December. These letters have generated some response from stakeholders.

The Director Community Services advised Council there is a crack around the edge of the lagoon pool, which has been temporally fixed, but will only last 6 to 12 months.

The Director Community Services advised Council that Ken & Gail Stokoe have been appointed as volunteer camp ground hosts at Alexander Bay for the period December 1st to January 31st.

The CEO advised Council that there will be a number of consults in Esperance over the next few weeks dealing with SuperTowns and ISP issues. The CEO foreshadowed a bus tour of Shire facilities which is being arranged for Councillors. There will be 2 tours, first one on 6 December 10am – 12pm and the next one has been scheduled for 13 December 9am - 12pm. The itinerary for the tours will be sent out as soon as it’s available.

The CEO also advised Council of the upcoming recycling forum which is scheduled on the 29 November and advised a workshop will be conducted for Councillors mid afternoon to discuss the waste management report and issues at Wylie Bay.

15. Matters behind Closed Doors

Nil

16. CLOSURE

The Presiding Member declared the meeting closed at 2.50pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated_____________________