Minutes of Ordinary Council - 28 February 2012

Ordinary Council: Minutes

28 February 2012 Page 4

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
28 FEBRUARY 2012.

COMMENCING AT 7.00 pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 7.15pm

The President welcomed Councillors, staff, guests and members of the public to the meeting.

2. ATTENDANCE

Members

Cr M Heasman President Town Ward

Cr V Brown Deputy President Rural Ward

Cr N Bowman Rural Ward

Cr P Griffiths Town Ward

Cr R Mansell Town Ward

Cr L McIntyre Town Ward

Cr W Rodgers Town Ward

Cr B Stewart, JP Town Ward

Cr N Walker Rural Ward

Shire Officers

Mr M J (Mal) Osborne Chief Executive Officer

Mr G Harris Director Engineering Services

Mr P Clifton A/Director Development Services

Mr R Hilton Director Community Services

Mr G Golinski Manager Governance & Strategic Projects

Mr R Beckett Manager Tourism and Events

Mr T Ayres Manager Economic & Business Development

Ms C Spain Minutes Secretary

Members of the Public & Press

Ms Tari Jeffers Esperance Express

Darren Kennedy Guest of Council

Trina Parker Guest of Council

Jason Rhodes Guest of Council

Sharnelle Rhodes Guest of Council

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr R Hindley Director Development Services

Mrs B O’Callaghan Manager Financial Services

4. APPLICATIONS FOR LEAVE OF ABSENCE

Moved: Cr Walker

Seconded: Cr McIntyre

Officer’s Recommendation/ Council Resolution

O0212-014

That Cr Griffiths be granted leave of absence from the 1st – 21st March 2012 inclusive.

CARRIED

F9 -A0

Voting Requirement Simple Majority

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

6.1 DECLARATIONS OF FINANCIAL INTERESTS – LOCAL GOVERNMENT ACT SECTION 5.60A

Refer item 14.1.1 (Page 20) & Item 8.1 (page 6 All Purpose Committee Minutes held 21 February 2012) &: Planning Scheme Amendment 12

Cr Brown declared a Financial Interest as she rents a property at the Duke of Orleans Bay Caravan Park.

Refer Item 14.1.2 (Page 27) & item 8.2 (page 14 All Purpose Committee Minutes held on 21 February 2012) &: Site Location for Progressing Multi-Purpose Accommodation Village Proposal

Cr Mansell declared a Financial Interest as he is a short term accommodation provider in Esperance

Cr Griffiths declared a Financial Interest as he provides holiday accommodation in Esperance

Refer item 14.1.3 (Page 30) & item 8.3 (page 17 All Purpose Committee Minutes held on 21 February 2012) : Rural Digital Television Transmission

Cr Bowman declared a Financial Interest as she lives in the rural area that is serviced and owns 4 properties that could be affected.

6.2 DECLARATIONS OF PROXIMITY INTERESTS – LOCAL GOVERNMENT ACT SECTION 5.60B

Nil

6.3 DECLARATIONS OF IMPARTIALITY INTERESTS – ADMIN REGULATIONS SECTION 34C

Refer item 14.1.1 (Page 20) & Item 8.1 (page 6 All Purpose Committee Minutes held 21 February 2012) :Planning Scheme Amendment 12

Cr Walker declared an Impartiality Interest as he has a relationship with people who own property at the Duke of Orleans Bay Caravan Park.

Cr Rodgers declared an Impartiality Interest as he was a previous owner of the Duke of Orleans Caravan Park

7. Citizen of the Month

Nil

8. PUBLIC QUESTION TIME

Nil Questions

9. PUBLIC ADDRESSES / DEPUTATIONS

Nil

10. Petitions

Nil

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Bowman

7 Feb 2012 Attended the Museum Management Committee meeting

Cr Heasman

17 Feb 2012 Meeting with Premier Colin Barnett and Council followed by Civic
Reception at the Esperance Museum.

22 Feb 2012 GSG Working Group Committee Meeting

Cr Brown

3 Feb 2012 WA Country Health Meeting at the Esperance District Hospital

3 Feb 2012 SuperTowns Project Team Community Consultation Sessions at the Boulevard Shopping Centre

14 Feb 2012 Worker’s Accommodation Community Consultation Meeting

17 Feb 2012 Meeting with Premier Colin Barnett and Council followed by Civic Reception at the Museum

20 Feb 2012 Twin Towns Committee Meeting regarding the three proposed French exchange students visiting Esperance in July 2012

21 Feb 2012 SuperTowns Project Team Meeting

27 Feb 2012 Senior Citizens Centre Committee Meeting re Lease and financial

Cr Rodgers

3 Feb 2012 Attended combined meeting hosted by GVROC with Port and GEDC Boards. GEDC Board Meeting. GEDC met with Port Board

14 Feb 2012 Met with tourist operators regarding short term accommodation

17 Feb 2012 Had discussions with Geraldine Innes regarding super clinic on hospital grounds

18 Feb 2012 Attended Bijou Theatre morning tea for Colin Barnett where he gave $10,000 for air conditioning

18 Feb 2012 Met with Colin Barnett on the Jetty as GEDC representation to enforce Esperance position on the foreshore

19 Feb 2012 Spoke on behalf of Council at the opening of the Scaddan Bowling Club

22 Feb 2012 GSG Working Group Committee Meeting

Cr McIntyre

2 Feb 2012 South Coast Management Group Meeting, Off Road Vehicles Working Group

7 Feb 2012 Esperance Chamber of Commerce Committee Meeting

14 Feb 2012 Lake Monjingup Committee Meeting

16 Feb 2012 Esperance Chamber of Commerce – Cliffs sundowner with tour of new rail yard and Port

21 Feb 2012 Monjingup reserves for inspection of stages 1 and 2 with Brian Warren

22 Feb 2012 Horizon Power sundowner with Horizon Power board members

27 Feb 2012 Senior Citizens Committee Meeting

Cr Stewart

22 Feb 2012 Attended reception at Horizon Power.

27 Feb 2012 Attended the monthly meeting of the Senior Citizens Management Committee.

12. CONFIRMATION OF MINUTES

12.1 ORDINARY COUNCIL MEETING

Moved: Cr Griffiths

Seconded: Cr Bowman

O0212-015

That the Minutes of the Ordinary Council Meeting held on 31 January 2012 be confirmed as true and correct record.

CARRIED

F 9 – A0

Voting Requirement Simple Majority

12.2 SPECIAL COUNCIL MEETING

Moved: Cr McIntyre

Seconded: Cr Bowman

O0212-016

That the Minutes of the Special Council Meeting held on 14 February 2012 be confirmed as true and correct record.

CARRIED

F 9 – A0

Voting Requirement Simple Majority

13. Matters Requiring a Determination of Council

13.1 PROPOSAL TO AMEND THE DISTRICT BOUNDARY BETWEEN THE SHIRES OF RAVENSTHORPE AND ESPERANCE

Author/s

Greg Golinski

Manager Governance & Strategic

Projects

Authorisor/s

Mal Osborne

Chief Executive Officer

File Ref: OAL.2.8-03

Applicant

Local Government Advisory Board

Location/Address

Executive Summary

The purpose of this report is for Council to establish a definitive position in relation to the Local Government Advisory Board inquiry into the proposal to amend the district boundary between the Shires of Ravensthorpe and Esperance.

Recommendation in Brief

That Council advises the Local Government Advisory Board:

1. That it acknowledges the social aspects of the proposal to amend the district boundary between the Shires of Ravensthorpe and Esperance.

2. That in the timeframes provided, the Shire of Esperance has been unable to undertake a thorough due diligence assessment of the proposal, and as such Council does not support the boundary amendment being implemented on the basis of a lack of financial and asset management data quantifying the financial impact on the Shire’s current operations.

Background

The proposal to amend the Esperance/Ravensthorpe boundary near Munglinup was first raised in 2009 in conjunction with the Minister for Local Government’s local government reform agenda. At that stage, the Shire of Esperance indicated that whilst it was open to exploring the possibility of adjusting its western boundary to include the township of Munglinup, it would not be the instigator of such a move, and that a more thorough assessment of the financial and asset management implications would need to be undertaken.

Since then, the Munglinup community, in accordance with Schedule 2.1 of the Local Government Act, have submitted a formal proposal to the Local Government Advisory Board (the Board) for the boundary adjustment to take place. The Board formally considered the proposal at its meeting on 5 September, where it resolved to conduct a formal inquiry, with public submissions ending 22 December 2011.

Since the announcement of the inquiry, the Board has held a public hearing in Munglinup, as well as having met individually with both the Esperance and Ravensthorpe Shire Councils. During the meeting between the Board and the Shire of Esperance, Council acknowledged that the Board is required to take into consideration a number of factors when assessing proposals for amalgamations and boundary changes, namely:

· Community of interest;

· Physical and topographic features;

· Demographic trends;

· Economic factors;

· History of the area;

· Transport and communication;

· Matters affecting the viability of local governments; and

· The effective delivery of local government services.

Notwithstanding, Councillors and Officers did express some concern to the Board that a more thorough examination of the financial and asset management implications of the proposed boundary change would need to be undertaken, to enable the Council to make an informed decision in this regard. Shire Officers advised the Board that it was not possible to have this due diligence assessment undertaken in time for the 22 December submission deadline for the inquiry, to which the Board suggested that a time extension be sought for the necessary work to be undertaken.

In this regard, Officers prepared an interim submission in order to meet the 22 December deadline, which sought an extension to 31 March 2012 to enable Officers to assess some of the necessary financial and asset management implications of the proposal. The request was declined to an extent, although an extension to 29 February 2012 was granted.

Officer’s Comment

The Shire’s interim submission into this inquiry provided the following comments in relation to each of the eight determining factors:

Community of Interest

The Shire of Esperance accepts that there is a distinct community of interest between the locality of Munglinup and Esperance, with anecdotal evidence showing that the majority of Munglinup residents already view Esperance as their “regional centre” for matters such as:

· Schooling of children;

· Shopping;

· Sporting activities; and

· Business activities.

In this instance, the Shire has no evidence to suggest a lack of a community of interest between Munglinup and Esperance.

Notwithstanding the comments above, it is suggested that the existence of a community of interest between Munglinup and Esperance is independent of the Shire in which the townsite of Munglinup resides, meaning the community of interest will remain regardless of the outcome of this inquiry.

Physical and topographic features

At present, the boundary between the Shires of Ravensthorpe and Esperance is the Munglinup River. Whilst the proposed adjustment takes in a number of roads, it also uses the Oldfield River as part of the revised boundary.

The Shire of Esperance does not consider physical and topographic features to be an impediment to implementing the proposal.

Demographic trends

Given the small sample size of population within the Munglinup town site (see distributions below for Munglinup), it is impossible to make an assessment of demographic trends between the two areas, although it is clear that the majority of people within Munglinup are between the ages of 25 and 64 (ie of working age).

Given the current population of Esperance, an additional 122 persons would represent less than 1% of the total population of the Shire, meaning that any demographic trends are considered to be immaterial.

Economic factors

As with community of interest, there are commonalities between Munglinup and Esperance, with the main industry being agriculture. As such, the Shire does not believe that the character of economic activities within Munglinup or Esperance would be affected if the proposal was progressed.

History of the area

The Shire does not consider the history of the area to be an impediment to implementing the proposal.

Transport and communication

A desktop assessment of the proposed boundary adjustment indicates that the Shire of Esperance would acquire an additional 200km of road network, comprising 5km of sealed roads and 195km of unsealed roads. The condition of roads and footpaths within the defined area is still to be determined, and will be undertaken as part of the financial and asset management implications assessment over the coming months should an extension be granted by the Board.

Matter affecting the viability of local governments

The sustainability of local government in Western Australia has been in the spotlight since the Systemic Sustainability Study report was delivered in December 2006. The recently introduced Integrated Strategic Planning & Reporting framework will go some way to further demonstrating which local governments are indeed sustainable, as well as those who will need a significant change of focus to ensure their viability into the future. The principles of sustainability are the reason that the Shire has requested an extension of time to make a final submission, to ensure that Council is fully informed of the financial and asset management implications of the proposal prior to making a decision on whether to support the proposal or otherwise, as these implications are likely to have some effect on the Shire’s future sustainability.

A desktop analysis shows that:

1. The estimated rates revenue for the defined area is $253,923 (at current Ravensthorpe GRV and UV rates).

2. The Shire of Ravensthorpe has no reserve funds for any infrastructure or assets within the defined area.

3. The length of roads within the defined area is approximately 200km (5km sealed and 195km unsealed).

4. The value and condition of the roads within the defined area in unknown.

5. The operating expenditure for the defined area in 2010/11 was $184,708.

6. Annual capital works expenditure for the defined area is approximately $180,000.

7. The Shire of Ravensthorpe has leases with a number of community groups/sporting clubs for facilities on Shire reserves.

8. Other Shire assets within the defined area are listed below, however the condition of these assets is unknown:

· Ablution Block

· Showground

· Tennis courts

· Park and playground

· Emergency Services Co-location facility

· Sewerage Scheme

· Emergency Farm Water Supply Dam

· Waste Landfill Site

In terms of additional due diligence on the financial and asset management implications of the proposal, the Shire of Esperance considers that the following areas need to be addressed (and data obtained) to enable the Council to make an informed decision on this matter:

1. List of all affected properties with their current valuation, as provided by the Valuer Generals Office, including breakdown of GRV and UV properties.

2. Details of any CBH ex gratia rates for the Munglinup area.

3. Details of any outstanding rates for affected properties.

4. Condition assessment of all built assets within the defined area, including buildings, sewerage, reserves, parks, roads, drainage, culverts, bridges etc. Note that even without any road condition assessments having yet taken place, the Shire of Esperance already has some concerns as to the condition of the affected road network, with the Shire of Ravensthorpe’s 2011/12 Budget papers stating: “One area of concern to Council is the condition of some of the road network .... particularly in the south-east area of the Shire”.

5. Roman data for all affected roads.

6. Total estimated replacement value of all assets, and the estimated depreciated replacement cost of all assets based on a condition assessment.

7. Assessment of Ravensthorpe’s Forward Capital Works Plan as it related to the defined area.

8. Assessment of any applicable fees and charges.

9. Assessment of any applicable contracts that may be in place.

10. Assessment of the terms and conditions and renewal responsibilities of any leases that may be in place.

11. Confirmation of how FAGS and Roads to Recovery grants will impact the Shire of Esperance given the proposed boundary change.

12. Assessment of any outstanding legal or compliance issues.

Other considerations will include mobilisation costs to service the Munglinup townsite, however this is discussed below in relation to the effective delivery of local government services.

These assessments will be undertaken in early 2012 should an extension to provide a submission be granted by the Board. This will enable officer’s to quantify (or at least estimate with some degree of accuracy) the financial implications of the proposal, such that Council can have available as many facts as possible in making its determination in relation to this matter.

The effective delivery of local government services

Should the proposal proceed, Munglinup would become the most distant satellite town within the Shire of Esperance, 110km away. Furthermore, the Shire of Esperance, at 4,800km, currently has the longest road network of any local government in Western Australian, to which the proposal would add a further 200km. The nearest service depot to Munglinup that is within the Shire of Esperance is in Cascade, which is approximately 60km from the Munglinup townsite. The depot at Cascade currently services approximately 800km of road, which would increase by 25% to 1,000km should the proposal be endorsed. Other options for servicing could include establishing a depot presence at Munglinup itself, which would carry its own capital and operational costs. It is our understanding that the Shire of Ravensthorpe currently services Munglinup directly from the Ravensthorpe townsite.

The Shire of Esperance currently finds it difficult to attract suitably qualified and experienced plant operators, and there is the potential for this to be exacerbated with additions to our current road network, meaning there is the potential for levels of service to be further reduced. As with the other factors, these issues will be investigated further as part of a further due diligence assessment.

Additional Officer’s Comment

Since the extension to provide the Board with a final decision in relation to this matter was granted, Shire staff have used best endeavours to obtain additional financial and asset management data from the Shire of Ravensthorpe in the timeframes allowed, albeit with little success. Officers’ main concern in developing recommendations for Council to consider is being able to quantify the ongoing financial and asset management impacts of the proposed boundary realignment.

Notwithstanding the acceptance of communities of interest; physical and topographic features; demographic trends; history; economic factors; and transport and communication as not being “deal breakers” in assessing the proposal, the final two considerations, being matters affecting the viability of local governments; and the effective delivery of local government services remain unclear. However, even without the availability of more detailed asset management data, a prima facie assessment can be made, which demonstrates that the additional revenue forthcoming to the Shire of Esperance will be outweighed by the expenditure required to maintain just the road network within the prescribed area.

Whilst the lack of data available does not allow Officer’s to further quantify requisite expenditure on other assets within the prescribed area, the shortfall will obviously be exacerbated as the number of assets within the prescribed area is increased. With this in mind (and without any additional financial compensation), the only possible outcomes for the balance of the community currently within the Shire of Esperance are:

1. A reduction in the levels of services currently provided by the Shire in maintaining our existing assets in order to service the asset networks within the prescribed area; or

2. In order to maintain existing service levels, additional revenue sources will need to be sourced to make up the financial shortfall.

In the simplest of terms, the current proposal to amend the district boundary between the Shires of Ravensthorpe and Esperance can have nothing but a deleterious effect on the future sustainability of the Shire of Esperance.

Given the lack of data available, and in purely a financial sense, it is recommended that Council not support the proposal to amend the district boundary between the Shires of Ravensthorpe and Esperance as currently being investigated by the Local Government Advisory Board. Officers’ consider that it would be imprudent for Council to support the proposal without being able to quantify the financial ramifications on the community currently residing within the Shire.

Consultation

Local Government Advisory Board

Shire of Esperance

Munglinup Community

Financial Implications

Asset Management Implications

As detailed within the body of the report, definitive financial and asset management implications were unable to be ascertained, although the limited data that has been gathered already demonstrates a shortfall between revenue and expenditure, without even considering other assets contained within the prescribed area that are the responsibility of local government.

Statutory Implications

Schedule 2.1 of the Local Government Act details provisions about changing the boundaries of districts.

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 – 2027

External Relationships – Identify, establish and maintain external relationships that will bring economic, cultural and social benefits to the Shire of Esperance and its people.

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation/ Council Resolution:

Moved: Cr Bowman

Seconded: Cr Brown

O0212-017

That Council advises the Local Government Advisory Board:

That Council acknowledges the social aspects of the proposal to amend the district boundary between the Shires of Ravensthorpe and Esperance.

That Council requires further time to assess fully the financial implications and asset management principles of the proposed boundary change.

That in the timeframes provided, the Shire of Esperance has been unable to undertake a thorough due diligence assessment of the proposal, and as such Council does not support the boundary amendment being implemented at this time on the basis of a lack of financial and asset management data quantifying the financial impact on the Shire’s current operations.

CARRIED

F9 –A0

Voting Requirement Simple Majority

13.2 DRAFT ESPERANCE SUPERTOWNS GROWTH AND IMPLEMENTATION PLAN

Author/s

Trevor Ayers

Manager Economic & Business

Development

Authorisor/s

Mal Osborne

Chief Executive Officer

File Ref: OAE.22

Applicant

Esperance SuperTowns Project Team

Location/Address

Whole of Shire

Executive Summary

The Draft Esperance SuperTowns Growth and Implementation Plan requires endorsement by Council to allow lodgement with the department of Regional Development and Lands to enable the Shire of Esperance to be eligible for funding under the SuperTowns Development Project Fund 2011-12. While further work is still required on the growth plan prior to it being finalised, endorsement by Council at this stage is a necessary component of applying for the current round of SuperTowns funding.

As part of the lodgement of applications under the SuperTowns Development Project Fund 2011-12, it is also required that the projects lodged be ranked in order of priority. To this end the four projects have been ranked by the Project Team as follows and Council endorsement of this ranking is also being sought:

1. Esperance Waterfront (previously referred to as Esperance Foreshore Redevelopment).

2. Esperance Town Centre (previously referred to as Townsite Redevelopment).

3. Esperance Accommodation Village (previously referred to as Workforce Accommodation/Legacy Use).

4. Esperance Economic Development (previously referred to as Supply Chain/Economic Development Strategy).

Recommendation in Brief

That Council

1. Endorse the Draft Esperance SuperTowns Growth and Implementation Plan, for lodgement with The Department of Regional Development and Lands prior to close of business on the 6 March 2012.

2. Prioritise the four projects being applied for under the SuperTowns Development Project Fund 2011-12 as follows:

a. Esperance Waterfront

b. Esperance Town Centre

c. Esperance Accommodation Village

d. Esperance Economic Development

Background

On 6 July 2011, the Minister for Regional Development, the Hon Brendon Grylls MLA (the Minister) announced Esperance as one of nine SuperTowns, along with Katanning, Collie, Northam, Jurien Bay, Morawa, Boddington, Manjimup and Margaret River. The nine towns will share in $85.5 million in Royalties for Regions funding in 2011/12 under the Regional Centres Development Plan (SuperTowns).

As part of the announcement, the Minister indicated that $5.5 million would be made available to assist with strategic planning, and $80 million allocated to kick-start transformational projects.

SuperTowns Esperance was officially launched on 26 August by Minister Grylls, who emphasised the aspirational nature of the SuperTowns programme; the fact the programme is about planning for accelerated growth; and that only projects with demonstrated economic benefits will be considered for funding.

A local Project Team and Community Reference Group were appointed to oversee this project on behalf of the Esperance community.

TPG (The Town Planning Group) were appointed as the lead consultant in the preparation of the initial planning documents (known as the ‘Growth Plan’) with a range of sub-consultants appointed to assist them in this process. A series of community engagement exercises have also been undertaken as part of preparing the Growth Plan.

At the Special Council meeting of 24 January 2012, which followed a Council Briefing undertaken by TPG, Council requested the Esperance SuperTown Project Team to seek additional community consultation and comment, with the Draft Esperance SuperTown Growth Plan to be presented to Council for consideration on the 21 February 2012. This community consultation has now been undertaken, with some amendments incorporated within the current draft and others to continue to be incorporated prior to the document being finalised.

At that same meeting Council meeting Council noted that four business cases would be prepared from within the following six projects

· Esperance Foreshore Redevelopment

· Workforce Accommodation/Legacy Use

· GSG/Indoor Sports Stadium

· Townsite Revitalisation

· Supply Chain/Economic Development Study

· Truckwash/Waste Water Disposal

Following review by the Project Team of the eligibility criteria and linkages with the priorities identified within the Growth Plan, the Esperance Foreshore Redevelopment, Workforce Accommodation/Legacy Use, Townsite Revitalisation and Supply Chain/Economic Development Study have been proceeded with.

Officer’s Comment

Endorsement of the Draft Esperance SuperTowns Growth and Implementation Plan is required in order for the deadline for lodgement with the Department of Regional Development and Lands (RDL) to be met. RDL has always expected that a draft document would be delivered at this stage, with finalisation to occur in mid to late 2012. The requirement for lodgement of a draft document at this stage is in order for the Shire of Esperance to be eligible for funds through the SuperTowns Development Project Fund 2011-12, which also closes on the 6 March 2012.

Council will have further opportunity to comment on this growth plan prior to it being finalised and be required to endorse the final document.

Prioritisation of the four priority projects is also a requirement of the application process through the SuperTowns Development Project Fund 2011-12. The foreshore development has been identified as priority 1 by the SuperTowns Project Team due to its long-term focus within the community, the transformation of the foreshore area and the linkages back into the town centre it provides. The town centre revitalisation has been identified as the second priority due to the synergies in play between the foreshore development and the town centre itself, along with the importance attached to ensuring a healthy, vibrant centre on the long-term help and vitality of the whole Esperance region. The accommodation village has been identified as priority 3 due to the point-in-time opportunity available to gain a lasting beneficial legacy for the Esperance community through leveraging the existing accommodation requirements of major construction projects, which the economic planning works have been given fourth priority due to the critical need for industry and investment growth, development and attraction if the population and associated goals within the growth plan are to be met.

Consultation

The additional consultation undertaken since the 24 January 2012 has included a manned display at the Boulevard Shopping Centre and static displays at the Library, Shire offices and Esperance High School. The Boulevard display was manned by a mixture of Community Reference Group and Project Team members, with in excess of 200 people availing themselves of the opportunity to discuss the SuperTowns project in this time. The displays at the Esperance Library and Esperance High School are still in place to provide further opportunities for the community to gain information on the SuperTowns project. The feedback from this consultation period is still being compiled and assessed, with some of it already being incorporated into the current draft and further amendments likely to be required as this information is worked through.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 - 2027

Sustainable Economic Development – Encourage sustainable and diverse economic development in the Shire of Esperance through efficient deployment of resources and services whilst aiming for minimal impact on the quality of life of residents

Environmental Considerations

Nil

Attachments

a .

Draft Esperance SuperTowns Growth and Implementation Plan - Under Separate Cover

Officer’s Recommendation/ Council Resolution:

Moved: Cr Walker

Seconded: Cr Brown

O0212-018

That Council

1. Endorse the Draft Esperance SuperTowns Growth and Implementation Plan, for lodgement with The Department of Regional Development and Lands prior to close of business on the 6 March 2012.

2. Prioritise the four projects being applied for under the SuperTowns Development Project Fund 2011-12 as follows:

a. Esperance Waterfront

b. Esperance Town Centre

c. Esperance Accommodation Village

d. Esperance Economic Development

CARRIED

F9 –A0

Voting Requirement Simple Majority

11. Reports of Committees

14.1 all purpose committee meeting 21 february 2012

Cr Brown declared a Financial Interest in the following item as she rents a property at the Duke of Orleans Bay Caravan Park and left the Chambers at 7.42pm.

Cr Walker declared an Impartiality Interest in the following item as he has a relationship with people who own property at the Duke of Orleans Caravan Park

Cr Rodgers declared an Impartiality Interest in the following item as he is a previous owner of the Duke of Orleans Caravan Park

14.1.1 REFER ITEM 8.1 (PAGE 6) ALL PURPOSE COMMITTEE MEETING HELD ON 21 FEBRUARY 2012 : PLANNING SCHEME AMENDMENT 12

Author/s	Douglas Fotheringham	Manager Planning Services
Authorisor/s	Paul Clifton	Manager Health & Environment

File Ref: TPS23/AM12

Applicant

Whelans Town Planning

Location/Address

Duke of Orleans Bay Caravan Park: Lot 1 on DP 182598 and Lot 5 on DP 187974 Wharton Road, Condingup (see Image 1).

Image 1: Subject Land – Duke of Orleans Bay Caravan Park

Executive Summary

This report details a proposal to initiate Scheme Amendment 12 to rezone portions of Lots 1 and 5 Wharton Road, Condingup from Tourist to Special uses (Dwelling, Short Stay Accommodation and Resort). The proposal is derived from a previous Council resolution (January 2011) to defer a request to remove a restrictive covenant from the lots. The covenant prevents the lots from being used for any purpose other than as a “Special Site – Caravan Park”. The proposed Amendment is broadly consistent with the Local Planning Strategy, subject to demonstrating that service provision is adequate and potential environmental impacts are acceptable. Officers have significant concerns with regard to the impact of future development on Shire maintained roads, and the reliability of the applicant’s Transport Statement. In addition to this, the application has not clearly demonstrated that there is an adequate water supply. The Officer Recommendation is that Council should defer its decision until such time that the applicant can provide further details and to enable the proposal to be workshopped with Councillors and Officers, in order to fully explore the servicing issues.

Recommendation in Brief

It is recommended that Council agree to one of the following options, to:

1. initiate the proposed Scheme Amendment;

2. refuse to initiate the proposed Scheme Amendment; or

3. defer its decision until such time that the applicant can provide further details and to enable the proposal to be workshopped with Councillors and Officers, in order to fully explore the servicing issues (Officer Recommendation).

Background

The Proposal

Planning Scheme Amendment 12 proposes to rezone portions of Lots 1 and 5 Wharton Road from ‘Tourist Zone’ to Special Use Zone’ (see Image 2 below). The full Amendment Report will be made available for Councillors to review prior to the Council meeting. The Special Uses are: Dwelling, Short Stay Accommodation and Resort. The Special Use planning provisions set out the land uses, subdivision guidelines, zone objectives and other development controls. The zone would enable single dwellings at R25 density and would require a Fire Management Plan, vegetation clearance controls and the provision of infrastructure. All development within the zone would require planning approval in accordance with relevant subdivision, R-Codes and planning scheme provisions.

Image 2: Proposed Special Use zone

The subject land is entirely within the Gazetted Wharton Townsite, which is comprised of the two subject lots and a fisherman’s campsite at a separate location on the coast further to the south-east (see Image 3 below). The surrounding land is Reserve 41097 (Parks & Recreation).

Image 3: Wharton Townsite comprised of Lots 1 and 5 (campsite) and a fisherman’s camp to the south-east

A copy of the full amendment report will be made available prior to the meeting. An additional Transport Statement is at Attachment A. This statement has been provided at the request of Officer’s due to concerns over the impact of additional traffic on the local road network.

History

Lot 1 on Deposited Plan (DP) 182598 and Lot 5 on DP 187974 Wharton Road, Condingup currently have a restrictive covenant lodged on the Certificate of Titles. The restrictive covenant was lodged by the State of Western Australia (Hon. Minister for Lands) in April 1999 specifically referencing that the lots cannot be used for any other purpose other than as a “Special Site – Caravan Park”. The reason for the covenant being lodged was that the subject allotments used to be Crown Land (reserves vested in the Shire for the purpose of Caravan Park & Chalet), and when a request was received to Freehold the allotments both the State and the Shire considered it was paramount to protect the fundamental development purpose on the site. Prior to the Shire of Esperance being able to formally consider any development proposal for the site, the restrictive covenant would need to be removed and/or modified as appropriate. A request by the Department of Regional Development and Lands for the variation of Restrictive Covenant H081455 on Lots 1 and 5 was considered by Council at its January 2011 meeting where it resolved (O0111-1552):

That Council defer the consideration of the request until such time as a Scheme Amendment has been formally advertised and brought back to Council for consideration of Final Approval. The Scheme Amendment is to cover all issues raised in this report in addition to all statutory requirements. Considering the removal of the covenant at this stage will ensure that adequate community and servicing agency comments have been received prior to a decision being made.

In October 2010, the West Australian Planning Commission (WAPC) granted conditional subdivision approval (WAPC Ref: 142742) to realign the boundaries between Lots 1 and 5 so that Lot 1 will become 7.82ha and Lot 5 will become 5.98ha. Completion of the boundary realignment has not been undertaken (see Image 4 below).

Image 3: future boundary change for Lots 1 and 5 Wharton Road, Condingup

Local Planning Strategy

The following extracts from Council’s Local Planning Strategy are relevant to the proposal:

Sub-clause 6.11 (Coastal, Foreshore and Islands):

Strategy F: Support expansion of the Wharton Townsite with servicing to be from Condingup and camping and caravan facilities to be provided at the Duke of Orleans Caravan Park.

Action 5: Support new residential development at Wharton for holiday accommodation and permanent residences with all urban services provided and having a Holiday Village feel. A concept plan to be adopted providing a mix of residential and commercial/fishermen lots and a corner store.

Precinct 56 – Condingup:

Recognises that further expansion of the Wharton Townsite is constrained by lack of water supply and other services.

Shire Referrals

Given the significant potential for increased levels traffic, the Shire’s Engineering Services have indicated that the full length of Orleans Bay Road will require to be upgraded. For this type of rural road the minimum should be a 7.4 metre seal with a 1.2 metre shoulder with widening for curves. The Shire’s absolute minimum standard for this type of road is a 6.2 metre seal and a 1.2 metre shoulder. The intersection of Orleans Bay Road and Wharton Road will also need to be reconfigured. Council is responsible for these roads.

The additional Transport Statement indicates that Orleans Bay Road would not require to be widened initially, as future development can be staged as follows:

Stage 1 – Permanent Residential

Stage 2 – Short Stay Accommodation

Stage 3 – Resort

The Transport Statement infers that, under WAPC Guidelines, the road widening will not be required until Stage 3. However, Engineering Services consider that the statistics in the statement are unreliable. The submitted traffic counts only rely on the potential traffic generated by the campsite and do not include other road users. More accurate statistics should be provided, including those of other road users and peak and off-peak season traffic counts. This would enable the traffic impacts to be more fully considered along with options to share the burden of upgrading the local road network.

The Shire’s Health and Environment Services have indicated that the amendment report does not contain sufficient detail to satisfy all servicing concerns. The most significant concern is the lack of evidence to demonstrate that there is and adequate water supply to service future development. The application needs to provide evidence of borehole investigations that clearly demonstrate the availability of water supply.

Officer’s Comment

Once the amendment has been accepted there is no statutory deadline for Council to consider before determining whether to initiate. Council must be satisfied that the submitted documentation contains adequate information before agreeing to initiate. Council can also agree not to initiate the amendment or to defer the decision for additional information.

Initiation of the proposed amendment means that Council will forward the proposal to the Environmental Protection Agency (EPA) for the assessment of potential environmental impacts. If the EPA is satisfied, consent is required from the Western Australian Planning Commission to advertise the Amendment. If consent is granted, then relevant referral agencies will be able to fully assess the servicing issues and potential environmental impacts. The public will also have the opportunity to comment during the advertising period of 42 days.

The proposed Amendment would result in the intensification of land use, development and human activity in a remote location where servicing is difficult and the potential impacts on the environment are significant. The Residential component is for single dwellings at R25 density (25 dwellings per hectare). This density is generally higher than suburban Esperance (e.g. most of West Beach is R12.5 or 12.5 dwellings per hectare). Despite these issues, the proposal may be considered to be generally consistent with the Local Planning Strategy.

The proposal will not result in the expansion of the Wharton Townsite, and Action 5 of sub-clause 6.11 supports holiday accommodation and permanent residences in this location on condition that these uses can be satisfactorily serviced. The applicants have submitted a report and other supporting documentation that attempts to satisfy servicing, land use and environmental requirements.

However, it is considered that the additional Transport Statement is unreliable and that there is a risk that Council could bear the full cost of road improvements and continuing maintenance. This is a significant matter for Council to consider.

It is also considered that the application has not clearly demonstrated an adequate water supply. This is another significant matter for Council to consider.

The details provided for the other servicing issues are considered have sufficient detail to initiate the amendment.

Option 1

That Council, pursuant to Section 75 of the Planning and Development Act 2005, resolves to:

1. Initiate Local Planning Scheme No. 23 – Amendment No 12

2. Amend Local Planning Scheme No. 23 by

i. Amending the scheme map by rezoning portion Lot 1 on DP 182598 and Lot 5 on DP 187974 Wharton Road, Condingup as depicted on the amendment Map

ii. Amending the scheme to incorporate the Special Use 5 zone under Schedule 4

3. Refer Amendment 12 to the EPA under Section 81 of the Planning and Development Act 2005.

4. Determine that Local Planning Scheme No. 23 – Amendment No. 12 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA and WAPC.

Option 2

That Council resolves not to initiate Local Planning Scheme No.23 – Amendment No 12.

Option 3

That Council defers its decision until such time that the applicant can provide further details and to enable the proposal to be workshopped with Councillors and Officers, in order to fully explore the servicing issues (Officer Recommendation).

Officer Recommendation

Given the concern over the impact on the local road network and the insufficient water supply details, the Officer Recommendation is that Council should defer its decision until such time that the applicant can provide further details and to enable the proposal to be workshopped with Councillors and Officers, in order to fully explore the servicing issues.

Consultation

A mandatory 42 day advertising period applies for Amendments.

Financial Implications

There are no financial implications relating to this item if the Scheme Amendment is refused. If the Amendment is initiated, more detailed asset management implications will need to be determined.

Asset Management Implications

There are no Asset Management implications relating to this item if the Scheme Amendment is refused. If the Amendment is initiated, more detailed asset management implications will need to be determined.

Statutory Implications

The proposal requires to be assessed under the following framework:

Planning and Development Act 2005

Town Planning Regulations 1967

Local Planning Strategy

Policy Implications

State Planning Policy 2.6 – State Coastal Planning Policy Schedule 1 Sea Level Rise

Strategic Implications

Strategic Action Plan 2007-2027

39. Identify and encourage opportunities for the economic and social development of outlying communities - d) Plan for the zoning of rural and special rural areas around Condingup.

67. Aim to ensure that all development in the Shire of Esperance is carried out in a way that is sustainable.

72. Ensure the adequate and timely availability of land and services to meet the future needs of the town of Esperance.

Local Planning Strategy

Sub-clause 6.11 (Coastal, Foreshore and Islands):

Strategy F: Support expansion of the Wharton Townsite with servicing to be from Condingup and camping and caravan facilities to be provided at the Duke of Orleans Caravan Park.

Precinct 56 – Condingup:

Recognises that further expansion of the Wharton Townsite is constrained by lack of water supply and other services.

Environmental Considerations

There are no Environmental Considerations relating to this item if the Scheme Amendment is refused. If the Amendment is initiated, there are potentially significant environmental impacts that may result from the intensification of development.

Moved: Cr Griffiths

Seconded: Cr Walker

O0212-019

That Recommendation AP0212-002 of the All Purpose Committee Meeting held on 21 February 2012 and reading:

“That Council defers its decision until such time that the applicant can provide further details and to enable the proposal to be workshopped with Councillors and Officers, in order to fully explore the servicing issues.”

Be adopted as a decision of Council.

CARRIED

F8–A0

Voting Requirement Simple Majority

Cr Brown returned to the chambers at 7.47pm.

Cr Griffiths declared a Financial Interest in the following item as he provides holiday accommodation in Esperance and left the chambers at 7.47pm.

Cr Mansell declared a Financial Interest in the following item as he is a short-term accommodation provider in Esperance and left the chambers at 7.47 pm.

14.1.2 REFER ITEM 8.2 (PAGE 14) OF THE ALL PURPOSE COMMITTEE MEETING HELD ON 21 FEBRUARY 2012 : SITE LOCATION FOR PROGRESSING MULTI-PURPOSE ACCOMMODATION VILLAGE PROPOSAL

Author/s

Trevor Ayers

Manager Economic & Business

Development

Authorisor/s

Mal Osborne

Chief Executive Officer

File Ref: OAE.23

Applicant

Internal Report

Location/Address

Proposed Flinders Estate investigation area contained within site identified below

Executive Summary

This item seeks to confirm the site for a full business case and targeted community consultation to proceed, to provide Council with the required information to allow a decision regarding whether to proceed with an Accommodation Village development as currently identified as a SuperTowns priority project.

Recommendation in Brief

That Council confirm the land parcel on the North boundary of the Flinders Development abutting Daw Drive, and to the South of the existing primary school site (as identified on the above map), as the site for development of a full business case and targeted community consultation to allow Council to make a fully informed decision on whether to proceed with the Accommodation Village proposal.

Background

Through the SuperTowns process a solution to the accommodation of workers required for the major construction projects due to commence from the middle of this year has shown to be a major community issue. This has arisen due to the shortage of residential rental accommodation currently available in town and the high level of utilisation of the town’s current tourism stock by temporary existing workforces.

With the likelihood of a temporary workers village needing to be set up by the contractors successful in being awarded these major contracts (Port Access Corridor etc.) there is a desire within the SuperTowns process to leverage a lasting benefit for the town from this situation, rather than having a commercial operator set up a standard village for a period of 3-4 years and then dismantle it at the end of that period. Given the current accommodation shortages within Esperance this legacy benefit is also seen as a potential answer to the provision of a form of affordable accommodation, with the initial stages of this affordable accommodation being able to commence from the commencement of the project rather than needing to wait until the dismantlement of the camp component.

At present there are 251 rooms available at establishments in Esperance that also have catering capacity; however the Captain Huon and Comfort Inn have advised they don’t take construction workers for extended periods of time reducing the potential available rooms to 169. In the 2010 calendar year (the most recent figures available) the average occupancy rate in Esperance was 65.3%, with a low of 49.6% in July and a high of 79.1% in February. This equates to 53 rooms available at peak time and 127 rooms available at the low point. With an additional construction work-force of 70-100 for the Port Access Corridor alone it is obvious that the existing accommodation providers are unlikely to be able to accommodate all of it within the Esperance market. In addition to the Port Access Corridor project other projects expected to come on stream in the near future include:

Hospital Redevelopment (30 workers)

Esperance Residential College (10) and

Esperance Primary School Redevelopment (10)

In addition there is potential for 60-100 construction workers being required for Port expansion works and another 20-30 workers should the Foreshore Redevelopment proceed. Some of these smaller workforces would still be likely to use existing accommodation providers as village style accommodation is usually much more appropriate for larger work forces. There is also an expectation that there will be a steady rotation of management personnel through existing accommodation providers during these construction periods as these personnel rarely utilise village accommodation even when their construction workforce is accommodated in this manner.

Brighthouse Solutions have undertaken a pre-feasibility study on this proposal which they have previously presented to Councillors. This pre-feasibility shows potential benefits to both Esperance as a place and the Shire of Esperance as an entity from being involved. The major constraint currently is the need to have a specific piece of land identified in order for further business case work to continue. While the business case could still be amended in the event that the preferred parcel of land is changed at a later date, it is obviously preferable to be working on the most likely location from the start in order to minimise the work involved in fully working up the business case. The consultation process is also dependent on the site.

From the recent consideration by Councillor’s of the originally identified potential sites (contained in report attached under separate cover) it is apparent that a land parcel on the Northern side of the current Flinders Development (see map above) best meets the requirements for the proposed development. This determination included consideration of landholding size, topography, ownership, zoning and servicing.

In order to progress the business case to a stage that allows Council to make an informed decision on the actual desirability of proceeding with this project confirmation that this piece of land is endorsed for further work to be undertaken is required. The work required consists of both the finalisation of the business case as well as targeted community consultation.

Officer’s Comment

From an amalgam of officer investigations and Council discussions regarding the most appropriate and practical site for the required investigations to proceed with regards to this project, the identified land parcel within the Flinders Development has easily shown itself as the most appropriate. In order to provide Council with all the information for an informed final decision to be made regarding the future of this project, confirmation of this piece of land as the one that the business case is to be worked up on is now required.

Consultation

At this point discussions regarding sites for this proposal have occurred through the SuperTowns Project Team, with Councillors and Council staff. This recommendation will allow landowners and businesses that may be affected by the proposal to be identified and consulted. A meeting between Councillors and accommodation providers is scheduled for the evening of the 14th February 2011 to discuss the current issues facing the sector and the likely implications of the increase in construction workforce on the sector.

The project itself has been identified through development of the Esperance SuperTowns Draft Growth and Implementation Plan, which has included significant community consultation.

Financial Implications

There are no financial implications from this report. The pre-feasibility study and initial development of the business case are already occurring from within SuperTowns planning funding from the department of Regional Development and Lands.

Should the proposal proceed it is being prepared on the understanding that it would fully funded from external sources.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

There are no implications with undertaking this business case and associated community consultation. Any implications with proceeding with the project would be identified as part of the report to Council that accompanies the final business case.

Strategic Implications

Strategic Action Plan 2007 - 2027

Environmental Considerations

Nil

Moved: Cr Rodgers

Seconded: Cr Walker

O0212-020

That Recommendation AP0212-003 of the All Purpose Committee Meeting held on 21 February 2012, and reading:

“That Council, in relation to a proposal to develop an accommodation village in Esperance:

1. Confirm the land parcel on the North Boundary of Flinders Development (subdivision) abutting Daw Drive and to the South of the existing primary school site (as identified on the above map), as the preferred site for development for a full business case.

2. Require the immediate undertaking of comprehensive community consultation with specific reference to the landowners in Flinders, Racecourse Estate and Le Grand Sub-Division and accommodation providers.

3. Support funding applications being made for the necessary capital to undertake the development.”

Be adopted as a decision of Council.

CARRIED

F4 –A3

Against Cr Stewart, Cr McIntyre, Cr Brown

Voting Requirement Simple Majority

Cr Griffiths returned to the chamber at 7.55pm

Cr Mansell returned to the chamber at 7.55pm

Cr Bowman declared a Financial Interest in the following item as she lives in the rural area that is serviced and owns 4 properties that could be affected left the chamber at 7.56pm

14.1.3 REFER ITEM 8.3 (PAGE 17) OF THE ALL PURPOSE COMMITTEE MEETING HELD ON 21 FEBRUARY 2012 : RURAL DIGITAL TELEVISION TRANSMISSION

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

File Ref: OAC.22.1

Applicant

Engineering Services

Location/Address

Current towers located at Red Lake – 15 km south of Salmon Gums and Condingup Peak, Condingup.

Executive Summary

To provide Council with information regarding digital television in rural areas.

Recommendation in Brief

That Council advise;

1. the Digital Switchover Taskforce that Council will be switching off analogue retransmitters at Salmon Gums and Condingup.

2. affected residents currently served by television retransmission towers in Salmon Gums and Condingup that analogue television service will cease operation in the near future. To enable digital television reception they will be required to move to the Viewer Access Satellite Television (VAST) service.

Background

Department of Broadband, Communications and Digital Economy have advised the Shire that all television towers in regional and remote Western Australia are due to cease broadcasting in analogue in the second half of 2013.

There are 2 options for Council to consider;

Option 1

Council, being the licensee can choose to upgrade the existing self-help towers to digital with no financial assistance available from Government toward the upgrade and on-going maintenance of the self-help tower. It is the Government’s view that digital retransmission towers are unlikely to represent a viable, long-term option for remote communities as digital retransmission can impose significant and unpredictable costs for licensees and the community.

Option 2

Households in areas currently served by towers in Salmon Gums and Condingup will need to move to the Viewer Access Satellite Television (VAST) service. These households will be eligible to receive assistance under the Government’s Satellite Subsidy Scheme (SSS). Households will receive an installation including satellite dish, a VAST set top box and associated cabling, installations will be carried out by an experienced installer engaged by the service contractor.

Households will need to apply for the Satellite Subsidy Scheme, once the scheme is open to Western Australia. The Digital Switchover Taskforce will contact all affected customers advising that SSS can be applied for online or via telephone. After the subsidy, the household contribution for installation of the VAST service is expected to be between $200 and $350, depending on location.

Some households will be eligible for assistance under the Government’s Household Assistance Scheme (HAS). The HAS will, at no cost to eligible households, supply, install and demonstrate HD set top box specifically to meet the needs of the elderly and people with a disability. To be eligible, households must receive the maximum rate of one of the following payments; Age Pension, Disability Support Pension, Carer Pension, Dept of Veterans’ Affairs (DVA) Service Pension or DVA income support supplement payment. Centrelink will advise these people.

Officer’s Comment

It is not considered local government core business to be directly responsible for the supply of television services to the community when the Australian Government can provide the service for considerably less.

Consultation

 Esperance Communications

 Digital Switchover Taskforce, Department of Broadband, Communications and the Digital Economy

Financial Implications

Costs to maintain the retransmission towers at Condingup and Salmon Gums has been $22,839 over the past 2 financial years and current expenditure is $5,675 to date.

Esperance Communications have advised that to upgrade existing retransmission towers to digital is estimated to be between $50,000 and $100,000 per station / per tower (currently WIN & GWN are being retransmitted). Total current estimations would be $200,000 to $400,000 for Council to upgrade both towers.

Asset Management Implications

Option 1 would require ongoing commitment to funding for the operation and maintenance of towers, and may also be subject to additional costs such as;

 implementing any new digital television standards as they roll out nationally

 implementing new retransmission technology

 difficulties in sourcing and installing retransmission hardware and software in the future

 call out costs for qualified DVB-T technicians

Option 2 would have no further asset management implications for the Shire.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Action Plan 2007 - 2027

15. Endeavour to ensure that the region has access to the highest standard of information and communication technologies

a) Support opportunities to increase the scope of television, radio broadcasting, and telecommunication services in Shire to enhance quality of life and reduce the effects of isolation

Environmental Considerations

Nil

Moved: Cr Griffiths

Seconded: Cr Walker

O0212-021

That Recommendation AP0212-004 of the All Purpose Committee Meeting held on 21 February 2012; and reading

“That Council advise;

1. The Digital Switchover Taskforce that Council will be switching off analogue retransmitters at Salmon Gums and Condingup.

2. Affected residents currently served by television retransmission towers in Salmon Gums and Condingup that analogue television service will cease operation in the near future. To enable digital television reception they will be required to move to the Viewer Access Satellite Television (VAST) service.”

Be adopted as a decision of Council.

CARRIED

F8 –A0

Voting Requirement Simple Majority

Cr Bowman returned to the Chambers at 7.58pm

14.1.4 REFER ITEM 8.4 (PAGE 20) OF THE ALL PURPOSE COMMITTEE MEETING HELD ON 21 FEBRUARY 2012 :APPOINTMENT OF COMMITTEE MEMBERS - LAKE MONJINGUP DEVELOPMENT COMMUNITY GROUP & GREATER SPORTS GROUND REDEVELOPMENT COMMITTEE

Moved: Cr Griffiths

Seconded: Cr Bowman

O0212-022

That recommendation AP0212-005 of the All Purpose Committee Meeting held on the 21 February 2012 and reading;

“That Council appoint the following persons as members of the following advisory committees:

1. Lake Monjingup Development Community Group – Community representatives Norma Warren, and George Starcevich; Wildflower Society representative Dave Cowap

2. Greater Sports Ground Redevelopment Committee – EDRA representative Lesa Blackham

3. Community Safety & Crime Prevention Partnership – Dept Child Protection representative Kristina Fraser, and Disability Services Commission representative Shaun Beros

4. Esperance St Martin de Re Twin Towns Committee – Alliance Francaise representatives Catherine Davies and Doug Murray.”

Be Adopted as a decision of Council

CARRIED

F9 –A0

Voting Requirement Absolute Majority

14.1.5 Adoption of recommendations enbloc of the all purpose committee meeting held on 21 february 2012

Moved: Cr Griffiths

Seconded: Cr Rodgers

O0212-023

That recommendations not dealt with separately of the All Purpose Committee Meeting held on 21 February 2012, be adopted as a decision of Council (namely Recs. AP0212-001; and AP0212-006 to AP0212-007)

CARRIED

F9 –A0

Voting Requirement Simple Majority

15. Advisory Committee minutes

15.1: ESPERANCE SUPERTOWNS PROJECT TEAM MEETING

Refer to the attached bright purple paper for the minutes of the Esperance SuperTowns Project Team Meeting held on 21 February 2012.

Officer’s Recommendation/ Council Resolution

Moved: Cr Brown

Seconded: Cr Bowman

O0212-024

That the Minutes of the Esperance SuperTowns Project Team Meeting held 21 February 2012 be received.

CARRIED

F9 –A0

Voting Requirement Simple Majority

16. Urgent Business Approved by Decision

The following item(s) of urgent business was accepted for consideration by a majority of the members present at this meeting.

Moved: Cr Rodgers

Seconded: Cr Walker

O0212-025

That the elected members present agreed to the introduction of the following urgent items for decision.

CARRIED

F9 –A0

Voting Requirement: Simple Majority.

16.1 CEO PERFORMANCE REVIEW

Applicant: Shire President

Location/Address: Council

File Ref: Staff File - M Osborne

Reporting Officer/Position: Cr Malcolm Heasman, Shire President

Objective: This report recommends a Review Committee be established to finalise the Annual Review of the Chief Executive Officer.

Background: The process for the Annual Review of the Chief Executive Officer commenced on 28 February 2012. All Councillors, the CEO, Bevan Bessen facilitator and Lee Anderson, Manager Human Services were present at this meeting.

Following the development of Key Performance Indicators (KPI’s) for the ensuing year, Council determined that a Review Committee be elected to complete the review process.

The Shire President suggested this Committee comprise of the Shire President, Deputy Shire President as well as two Councillors. Council agreed that an election to select two Councillors to participate on this Committee be conducted at the Council meeting on 28 February 2012.

Strategic Implications: The performance review process of the Chief Executive Officer by Council, is completed. This Review should see Key Performance Indicators set that marry in with the strategic direction of the Shire which has been set by Council.

Statutory Environment: The contract of employment between the Shire of Esperance and the Chief Executive Officer requires an annual performance review be undertaken.

Financial Implications: Nil at this stage.

Recommendation/ Council Resolution:

Moved: Cr Walker

Seconded: Cr Bowman

O0212-026

That Council agree to forming a Chief Executive Officer Review Committee, comprising the Shire President Cr Heasman, Deputy Shire President Cr Brown, Cr Stewart and Cr Rodgers to conduct the finalisation of the review process of the Chief Executive Officer, and to make recommendations to Council.

CARRIED

F9 – A0

Voting Requirements: Simple Majority.

12. Matters behind Closed Doors

Nil

13. PUBLIC QUESTION TIME

Mr Kennedy asked that in relation to item 13.1 the Proposal to Amend the District Boundary between the Shires of Ravensthorpe and Esperance would Council consider undertaking a cost benefit analysis for the whole of the Shire of Ravensthorpe to be amalgamated into the Shire of Esperance.

The Shire President responded by advising that this would be taken into consideration by Council.

14. CLOSURE

The President declared the meeting closed at 8:06pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

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

Dated_____________________