Ordinary Council: Agenda

28 May 2013 Page 4

Declaration of Interest (Notes for Your Guidance)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

c) Preside at the part of the Meeting, relation to the matter or;

d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Notes on Financial Interest (For your Guidance)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

Interests Affecting Proximity

1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

b) a proposed change to the zoning or use of land that adjoins the person’s land; or

c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2) In this section, land (the proposal land) adjoins a person’s land if;

a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

Impact of an Impartiality Closure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

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Ordinary Council: Agenda

28 May 2013 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 May 2013

COMMENCING AT 4.00pm

1. OFFICIAL OPENING

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 W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Services

Mr G Harris Director Engineering Services

Mr R Hilton Director Community Services

Mr R Hindley Director Development Services

Mrs H Hall Minutes Secretary

Ms A Fitzgerald Engineering Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr W Rodgers Until 13 June 2013

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. PETITIONS

10. CONFIRMATION OF MINUTES

Item: 10.1 Ordinary Council Meeting Minutes

That the Minutes of the Ordinary Council Meeting of the 23 April 2013 be confirmed as a true and correct record.

Voting Requirement Simple Majority

Item: 10.2 Reports of Committees

Officer’s Recommendation

That the minutes (included in the Councillors Information Bulletin) of the following

1. Museum Management Committee – 3 April 2013

2. Lake Monjingup Development Community Group - 13 February 2013

3. Lake Monjingup Development Community Group – 3 April 2013

4. Shire of Esperance Arts Collection Committee – 1 May 2013

5. Shire of Esperance Arts Collection Committee – 18 April 2013

6. Bush Fire Advisory Committee – 9 April 2013

7. Goldfields Voluntrary Regional Organisation of Councils – 17 April 2013

Be received.

Voting Requirement Simple Majority

11. DELEGATES REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 Development Services

Item: 12.1.1

Development Application - Community Purposes - Nyungar Aboriginal Corporation Premises - Lot 107 (52) Norseman Road, Chadwick

Author/s	Peter Wilks	Town Planner
Authorisor/s	Richard Hindley	Director Development Services
	Peter Stanley	Manager Planning Services

File Ref: P1695 - DD10.2013.00002246.1

Applicant

Esperance Nyungar Aboriginal Corporation

Location/Address

Lot 107 (52) Norseman Road, Chadwick

Executive Summary

For Council to consider an application for a part change in use of one building at Lot 107 (52) Norseman Road, Chadwick for Community Purposes (Esperance Nyungar Aboriginal Corporation Premises).

Recommendation in Brief

That Council approve Development Application 10.2013.2246.1 for Community Purposes at Lot 107 (52) Norseman Road, Chadwick, subject to conditions.

Background

The proposal is for the change in use of an existing building on Lot 107 (52) Norseman Road, Chadwick to ‘Community Purposes’ to facilitate the use of the site for Esperance Nyungar Aboriginal Corporation (see Attachment A).

The existing building consists of a Showroom at the front of the building, with vehicle parking and storage located at the rear. The proposed development will utilise the existing Showroom at the front of the building for an Arts and Crafts Studio, Offices and Meeting Place in addition to storing a Toyota Landcruiser and Bus on site (see Attachment A). The rear of the building will continue to be used for its current use.

Comments were sought in relation to the proposed land use from the two neighbouring landowners. No objections or comments were received during the referral period.

The application is referred to Council as the proposed development is an unlisted use, and as such requires the approval of Council.

A similar use was recently approved by Council at Lot 618 (65) Norseman Road for a change in use of an existing building to Community Purposes for Aboriginal Pre-Employment and Training.

Officer’s Comment

With regard to the requirements of Local Planning Scheme No. 23 (LPS 23) the proposed use was of Aboriginal Community Use was determined by fall under the definition of ‘Community Purposes’ that being ‘the use of premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit.’ As ‘Community Purposes’ is not specifically mentioned in the Scheme Land Use Table the proposal was assessed against the objectives of the “Industry – Business” zone as per Clause 4.4 of the Scheme.

As the proposed ‘Community Purposes’ use is a non-listed land use the proposal was assessed against the zoning objectives for “Industry – Business” as per Clause 4.4 of the Scheme. The objectives of the “Industry – Business” Zone are as follows:

a) Provide for a wide range of light and service industries, wholesale sales, showrooms, trade and services, which, by reason of their scale, character, operational or land requirements, are not generally appropriate in, or cannot conveniently or economically be accommodated in, the central area, shops and offices or industrial zones;

b) Allow for commercial and light industrial uses that are compatible with nearby uses;

c) Provide for efficient and safe movement and parking of vehicles; and

d) Encourage new development that will enable future adaptation and re-use; and will enhance the visual amenity of the area.

The proposal cannot be said to be in accordance with the zone objectives, however due to the very low impact of the proposed land use it cannot be said to be in conflict with the zone objectives. As such the discretion of Council is required in the determination of this application.

Community Purposes is an unlisted use under Local Planning Scheme No. 23. This means that the proposed use falls outside Clause 4.3 – Zoning Table of LPS 23, and determination of the application can only be granted by Council. This also means that an application for ‘Community Purposes’ can be made for all land within the Shire of Esperance.

The proposed use represents a community benefit that due to operational requirements has difficulty in locating in other areas, due to a lack of available floor space in the “Central Area” and “Shops and Offices” zones as well as high rents. The land use itself is a low impact land use that will have minimal impact on neighbouring landowners, and due to the use of the neighbouring properties for storage and light industrial uses will be impacted minimally by neighbouring land uses.

The standard car parking requirement for “Industry – Business” requires 10 car parking bays on site, there is sufficient space on site to accommodate car parking and to facilitate the safe movement of vehicles and pedestrians.

As the proposal is for a change in use, a very minor level of development, with no extensions or alterations proposed, there is no increase or decrease in visual amenity occurring from the proposal.

Consultation

The application was referred to adjacent landowners for comment with no objections of comments received at the end of the submission period being 3 May 2013.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 23

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.8 Facilitate and guide high quality and efficient building and development across the Shire.

Environmental Considerations

Nil

Attachments

a View.

Plans and Justification Letter

Officer’s Recommendation

That Council approve development application 10.2013.2246.1 for an unspecified use being a Community Purposes (Esperance Nyungar Aboriginal Corporation Premises) subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

3. The use hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

And the following advice notes:

1. The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

2. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

3. Any signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

4. These premises are to be used only for the approved use and not for human habitation.

5. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

6. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

7. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 17

Item: 12.1.2

Development Application - Single Dwelling - Lot 120 (30) Collie Street, West Beach

Author/s	Peter Wilks	Town Planner
Authorisor/s	Peter Stanley	Manager Planning Services
	Richard Hindley	Director Development Services

File Ref: P586, DD10.2013.02233.1

Applicant

Cartman Designs on behalf of J & H Macmillan

Location/Address

Lot 120 (30) Collie Street, West Beach

Executive Summary

For Council to consider and determine application 10.2013.2233.1 for a Single Dwelling, Retaining Walls and Earthworks at Lot 120 (30) Collie Street, West Beach.

Recommendation in Brief

That Council approve the development application for a Single Dwelling, Retaining Walls and Earthworks at Lot 120 (30) Collie Street, West Beach subject to conditions.

Background

The application is for a single dwelling with associated retaining walls and earthworks at Lot 120 (30) Collie Street, West Beach.

The subject lot has an area of 889m² and is accessed from Collie Street. The site slopes steeply towards Twilight Beach Road with elevations ranging from 34.5 metres above sea level at the Collie Street frontage to 27 metres above sea level at the rear boundary. The angle of the slope is relatively slight towards the Collie Street frontage, while the slope at the rear of the lot towards Twilight Beach Road is much steeper.

The proposed dwelling is a two storey dwelling, comprised of three main areas in an east-west arrangement, resulting in a dwelling with a width of 25.99 metres, but and a depth of between 12.5 and 8.5 metres. The dwelling will present as a single storey to Collie Street, with two storeys evident from the rear. The dwelling is proposed to be located centrally on the site, with the entrance to the north-north-east, and the rear facing to the south-south-west. The dwelling design and lot layout result in the dwelling being located in close proximity to the primary street and to three out of four neighbouring lots (see Attachment A).

In addition to the proposed dwelling, three sets of retaining walls are proposed; one along the boundary with Lot 121 Collie Street to retain that property and allow for an underground garage, one in the front setback, and one underneath the dwelling.

Fill is proposed on the primary street setback to present a flat interface between the dwelling and Collie Street.

Of the neighbouring lots, Lot 111 Twilight Beach Road is occupied by a two storey dwelling. Lot 112 Twilight Beach Road is occupied by a single storey dwelling. Lot 113 Twilight Beach Road and Lot 121 Collie Street are vacant sites.

Amended Plans were provided by the applicant which moved the proposed dwelling one metre towards Collie Street to ameliorate the impact of the dwelling on Lots 111 and 112 Twilight Beach Road. This reduced the primary street setback from 3.75 metres to 2.75 metres and necessitates a second neighbour referral to properties impacted by the reduced front setback.

A set of plans has also been provided by the applicant demonstrating the extent of the proposed variations from the Residential Design Codes Acceptable Development Criteria (see Attachment E).

Two letters of justification from the Applicant provided in Attachments B and C.

One objection was received from the owner of Lot 121 Collie Street (see Attachment D).

One non-objection has been received to the application from the owner of Lot 111 Twilight Beach Road.

Four landowners declined to comment.

Officer’s Comment

The land is zoned Residential (R12.5). The Table below outlines the Officer’s assessment of the most significant variations to the Acceptable Development criteria. The second page of Attachment A demonstrates the extent of intrusion into the front setback. Attachment E demonstrates the extent of wall and ridge height variations as well as cone of vision variations.

Proposed

Performance Criteria

Officers Comment

2.75 metre primary street setback.

Standard requirement: 7.5 metre

Demonstrated on Page 2 of Attachment A.

Building’s setback from street boundaries an appropriate distance to ensure they:

- Contribute to the desired streetscape.

- Provide adequate privacy and open space for dwelling; and

- Allow safety clearances for easements for essential service corridors.

The proposed development will comply with the Performance Criteria as:

· The reduced street setback is proposed to reduce the impact the proposed dwelling on the privacy of neighbouring landowners located downslope from the proposal by moving the dwelling further upslope and away from neighbouring properties.

· The design presents to the street as a Single Storey dwelling at close proximity to the street. This presents little impact on streetscape and amenity, particularly when considering a number of other nearby dwellings that present as two storey with retaining walls to street boundaries.

· There are no easements affecting the land.

Reduced Side and Rear Setbacks for the Building, and Reduced Rear Setbacks for the Balcony.

2.8 metre side setback, 1.5 metres proposed.

7 metre rear setback, 3.562 metres proposed.

6.6 metre balcony setback, 2.397 metres proposed.

1) Provide adequate direct sun and ventilation to the building;

2) Ensure adequate direct sun and ventilation being available to adjoining properties.

3) Provide adequate direct sun to the building an appurtenant open spaces.

4) Assist with protection of access to direct sun for adjoining properties

5) Assist in ameliorating the impacts of building bulk on adjoining properties

6) Assist in protecting privacy between adjoining properties.

North Western Neighbour – Lot 121 Collie Street. (Vacant Site)

The reduced setback to the neighbour to the north-west of the site causes negligible impact, with no overshadowing, impact on direct sun or ventilation likely to occur.

The impact of building bulk on Lot 121 is only slightly exacerbated by the proposed reduced setback, as due to the design of the dwelling the majority of building bulk is recedes back from the boundary which reduces the impact.

There are no major openings to the north-western side of the building as such privacy on Lot 121 will not be impacted.

South-Western Neighbour – Lot 111 Twilight Beach Road. (Double Storey Dwelling)

The proposal has minimal impact on the ability of Lot 111 to access adequate direct sun and ventilation due to distance and orientation. Only a small portion of the proposed building is located within the setback area, and the section of building impacting on Lot 111 is well articulated which reduces the impact of building bulk.

Southern Neighbour – Lot 112 Twilight Beach Road. (Single Storey Dwelling)

The proposal will not permit access to direct sunlight for the rear of Lot 112 Twilight Beach Road on the 21 June (the date that produces the longest shadow) , as a combination of topography, reduced setbacks and building design result in significant overshadowing. Ventilation should not be affected.

Impact from building bulk will also be significant for Lot 112 Twilight Beach Road.

Nil setback for Retaining Wall.

Retaining walls designed or setback to minimise the impact on adjoining properties.

Proposed retaining wall along north-western boundary with Lot 121 Collie Street will have a minimal impact as it is designed to retain Lot 121 to permit an underground garage. Surcharge rating of proposed retaining wall will ensure that Lot 121 will be able to utilise land above retaining wall for vehicle parking or buildings.

More than 0.5 metres of fill within 3 metres of the street alignment.

Development that retains the visual impression of the natural level of a site, as seen from the street or other public place, or from an adjoining property.

The proposal calls for substantial fill in the front setback which will result in a flat area located between the building and the street which will minimise any impression of the natural levels of the site.

Maximum ridge height of 10.25 metres and maximum wall height of 7.8 metres.

Standard Requirement: 9 metre ridge height; and

6 metre wall height

Demonstrated in Attachment E

Building height consistent with the desired height of buildings in the locality (9m in height from natural ground level, as stated in LPS 23), and to recognise the need to protect the amenities of adjoining properties, including, where appropriate:

- Adequate direct sun to buildings and appurtenant open spaces;

- Adequate daylight to major openings to habitable rooms; and

- Access to views of significance.

The height of the proposed dwelling is beyond what is desired for the locality.

The height of the proposed development will impact on the neighbour to the south (Lot 112 Twilight Beach Road) with overshadowing impacting 33.9% of that site, including the rear of the existing building (See page 1 of Attachment A). It has noted that as a result of the topography and aspect of the site fall, alternative dwelling designs are likely to shade Lot 112 to a similar degree.

The proposed height will not impact on the ability of other properties to access views of significance.

Cone of Vision setbacks

7.5 metres required to unenclosed outdoor active habitable spaces.

6 metres to habitable rooms other than bedrooms and studies.

4.5 metres to bedrooms and studies.

Demonstrated in Attachment E

Direct overlooking of active habitable spaces and outdoor living areas of other dwellings is minimised by building layout, location and design of major openings and outdoor active habitable spaces, screening devices and landscape, or remoteness.

Effective location of major openings and outdoor active habitable spaces to avoid overlooking is preferred to the use of screening devices or obscured glass.

Where these are used, they should be integrated with the building design and have minimal impact on resident’s or neighbour’s amenity.

Where opposite windows are offset from the edge of one window to the edge of another, the distance of the offset should be sufficient to limit views into adjacent windows.

Cone of Visions from Habitable Rooms (Lounge Room) and Unenclosed Outdoor Active Habitable Spaces (Balcony) will impact on both Lots 111 and 112 Twilight Beach Road due to overlooking of these properties.

Neither Lot 111 or Lot 112 utilise the rear of their property as an outdoor living area, with both properties having a combination of garage, driveway and paved areas.

Consultation

The Shire’s Engineering Services have no objection in principle to the proposal. The proposed fill is considered to be acceptable in terms of access to the site.

Neighbour Referral was undertaken to Lot 121 Collie Street and Lots 111-113 Twilight Beach Road prior to amended plans being provided. A second round of neighbour referral was undertaken to Lots 119-121 and 156 Collie Street and Lot 113 Twilight Beach Road due to the amended plans causing impact on those lots due to reduced primary street setbacks.

As a result of this process one objection and one non-objection were received (see Attachment D for the objection). No responses were received from four other neighbouring landowners affected by the proposal. The objection is summarised below.

Objection

Officer Response

Lot 121 Collie Street

The building is higher than permitted under the R-Codes (10.25 metres compared to 9 metres for the ridge and 7.8 compared to 6 metres for the wall).

The reduced street setback of 2.75 metres when the standard requirement is 7.5 metres.

Reduced side setback of 1.5 metres where 2.8 metres is required.

Impact on views and value of the block.

Retaining Walls need to be rated for Surcharge

The site is an awkwardly shaped and heavily sloping lot with a 9 metre variation in ground levels between the primary street and the rear of the property. The proposed dwelling presents as a single storey dwelling to Collie Street before switching to two storey dwelling towards the rear of the lot as the elevation of the lot falls to Twilight Beach Road. Further, the design of the dwelling is consistent with other dwellings in the locality, which respond to severe elevation changes with additional height, or substantial retaining walls.

The applicant has requested the reduced street setback to Collie Street of 2.75 metres (3.75 original proposed with a 7.5 metre standard requirement) to reduce the impact of the proposed dwelling on landowners at the rear of the property, particularly Lot 112 Twilight Beach Road which suffers from overshadowing of approximately 33.9% of the site as well as part of the existing dwelling on site.

The reduced side setback results in very little impact on the neighbouring property due to the acute angle at which the setback from the front of the building and the boundary line meet. This is further minimised by the receding building line which moves away from Lot 121 towards the rear of the lot to minimise the impact of the design.

The Residential Design Codes do not guarantee the protection of views. With any residential lot there is an assumption that you can build a dwelling on the lot, and any dwelling placed on Lot 120 will impact on the views of Lot 121, this cannot be avoided. The design of the dwelling, including a receding building line to the side setback of Lot 121, allows for greater access to views for Lot 121 than would otherwise be available if the design of the proposed dwelling followed the side boundary and complied with setback requirements.

In regards to the impact on value of the block, this is not a valid planning consideration and as such is an invalid objection.

A condition for the retaining walls to be rated for surcharge is included in the officers recommendation.

Options:

Option 1 -

That Council approve Development Application 10.2012.02233.1 for a Single Dwelling and associated Retaining Walls and Earthworks at Lot 120 (30) Collie Street, West Beach subject to conditions.

This is the officer recommendation for the reasons outlined in this report

Option 2 -

That Council refuse Development Application 10.2012.02233.1 for a Single Dwelling and associated Retaining Walls and Earthworks at Lot 120 (30) Collie Street, West Beach on the following grounds:

1) The proposed development will have a significant impact on the adjoining properties through overshadowing and reduced setbacks; and

2) Proposed height of building from natural ground level in excess of 9 metre height limit in Local Planning Scheme No. 23 as well as Residential Design Codes limits for Category B Buildings (Two Storey Construction).

Financial Implications

There are no financial implications arising from the recommendations of this report.

Asset Management Implications

There are no asset management implications arising from the recommendations of this report.

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005

Local Planning Scheme No 23

Residential Design Codes

Policy Implications

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.8 Facilitate and guide high quality and efficient building and development across the Shire.

Environmental Considerations

There are no environmental considerations arising from the recommendations of this report.

Attachments

a View.	Plans
b View.	First Letter of Justification
c View.	Second Letter of Justification
d View.	Objection from Lot 121 Collie Street
e View.	Plans showing Cone of Vision and Height Variations
f View.	Overshadowing Diagram

Officer’s Recommendation

That Council approve Development Application 10.2013.2233.1 for a Single Dwelling, Retaining Walls and Earthworks at Lot 120 (30) Collie Street, West Beach subject to the following conditions:

1) Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2) The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Engineering Services) – refer enclosed vehicle crossover application form.

3) Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

4) All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

5) The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

6) The approved development shall be connected to a reticulated water supply provided by a licensed water provider.

7) The approved development shall be connected to an approved effluent disposal system prior to commencement of the development and/or use to the satisfaction of the Shire of Esperance (Health Services).

8) The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

9) During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

10) The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

11) All retaining walls are be to undertaken in accordance with the plans and all specifications are to be certified by a qualified Engineer as being consistent with standard engineering practices to establish surcharge requirements on adjoining properties.

And the following advice notes:

1) THIS IS NOT A BUILDING LICENCE. In accordance with the provisions of the Local Government (Miscellaneous Provisions) Act 1960, an application for a building licence is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2) The development is to comply with the Building Code of Australia 1996, Building Regulations 1989 and the Local Government Act 1995.

3) It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

4) It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5) Any fencing proposed for the site must comply with the Fencing Local Law.

6) If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

7) Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

8) If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 41

Item: 12.1.3

Local Planning Scheme No. 23 Amendment 12 - Final Approval

Author/s	Peter Wilks	Town Planner
Authorisor/s	Peter Stanley	Manager Planning Services
	Richard Hindley	Director Development Services

File Ref: P5431

Applicant

Whelans Town Planning

Location/Address

Duke of Orleans Caravan Park – Part Lot 1 & Lot 5 Wharton Rd, Condingup

Executive Summary

To consider granting Final Approval for Amendment 12 to Local Planning Scheme No. 13 for the rezoning of Part Lot 1 & Lot 5 Wharton Rd, Condingup from “Tourist” to “Special Use 5” subject to modifications.

Recommendation in Brief

That Council resolve to grant Final Approval to Amendment 12 subject to modifications and upon receipt of modifications forward the Amendment No. 12 documentation to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

Background

The former reserve which contained the Duke of Orleans Caravan Park (Lots 1 and 5) was converted to freehold title in 1999 with a restrictive covenant placed under s15 of the Land Administration Act to protect the site as a ‘Special Site – Caravan Park’ in perpetuity.

The policy at the time of the freeholding of the site provided general direction to:

· Encourage private enterprise to develop caravan parks by offering secure tenure.

· Ensure that appropriate levels of caravan park accommodation are maintained throughout the State.

· Provide for Crown land, which contains strategic tourist accommodation, to be retained as a community asset.

· To protect public access to foreshores where freehold is contemplated of coastal and river line caravan parks.

· Consult with Local Government, Tourism and Planning.

· Ensure appropriate safeguards are placed on freehold title over a strategic site to retain its use as a caravan park.

In accordance with the above principles a restrictive covenant was placed on the site as part of the freeholding process restricting the use of the site to ‘Special Site – Caravan Park’.

The Shire was approached by the Department of Regional Development and Lands following a request to modify the restrictive covenant from the land owner and their representative. To facilitate the expansion of the development on the site to include permanent residential requires the restrictive covenant to be removed from those portions of the site.

At the Ordinary Meeting held on 25 January 2011, Council 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.

The Amendment Document was subsequently submitted to Planning Services for consideration as part of the process to vary the covenant.

At its Ordinary Meeting held on 20 November 2012, Council resolved (O1112-092 (AP1112-068)):

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

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

2. Amendment Local Planning Scheme No. 23 by:

a. Reclassifying portions of Lot 1 on Deposited Plan 182598 and Lot 5 on Deposited Plan 187874 from “Tourist” to “Special Use” zone,

b. Including the specified land and related special provisions within Schedule 4 of the Scheme Text, and;

c. Amending the Scheme Maps accordingly.

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.”

5. Be adopted as a decision of Council.

The amendment is proposed to enable the development of permanent residential sites, additional short-stay accommodation and a resort, as per the indicative development plan (see Attachment C).

Officer’s Comment

In accordance with Section 81 of the Planning and Development Act 2005, Local Planning Scheme No. 23 (LPS 23) Amendment No. 12 was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

The EPA advised the Shire of Esperance via letter dated 14 January 2013 that after consideration of the LPS 23 Amendment No. 12 documentation, that the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

Upon receiving the advice from the EPA, LPS 23 Amendment No. 12 was advertised for public comment in accordance with the provisions of the Town Planning Regulations 1967 and the Planning and Development Act 2005. The advertising on the 13 March 2013 being a period of 42 days; advertising commenced, with the following advertising mediums being undertaken:

· Advertising notice in the Esperance Express – 13 September 2012;

· Two (2) ‘Notice of Public Advertisement of Scheme Amendment’ sign on-site;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to the Department of Environment and Conservation, Water Corporation, Department of Health, Main Roads, Horizon Power, FESA, Department of Indigenous Affairs, Department of Water, Department of Agriculture and Food, Western Australia Planning Commission and Telstra.

At the close of the advertising period a total of five (5) submissions were received – all submissions were from servicing and government agencies. The submissions received requested the following modifications:

6.2 A Dieback Management Plan and Weeds Management Protocols will be undertaken to the satisfaction of the Department of Environment and Conservation of Western Australia prior to any future development of the site.

7.2 All future development on site is to be connected to reticulated sewer to the satisfaction of the Health Department of Western Australia

7.3 All future development on site is to be connected to reticulated water to the satisfaction of the Health Department of Western Australia

9.2 Investigations into the water resources at the site are to be undertaken to the satisfaction of the Water Department of Western Australia

9.3 An Urban Water Management Plan will be undertaken as part of any future subdivision of the site

A full copy of Amendment No. 12 is available upon request.

Consultation

LPS 23 Amendment No. 12 was advertised for public comment in accordance with the provisions of the Town Planning Regulations 1967 and the Planning and Development Act 2005.

No objections and five (5) non-objections were received. Three (3) non-objections requested modifications to the document.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

· Planning and Development Act 2005

· Town Planning Regulations 1967

· Local Planning Scheme No. 23

Policy Implications

The policy implications arising from this report are:

· Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.8 Facilitate and guide high quality and efficient building and development across the Shire.

Environmental Considerations

As per Environmental Protection Authority advice a Land Capability Study and a Urban Water Management Plan to the satisfaction of the Department of Water will be required prior to further development on the land. These documents will need to take into accord saline intrusion, saline upconing, impact on the environment and impact on other users.

As per Department of Environment and Conservation advice a Dieback Management Plan and Protocols for Weed Management will need to be included in the Amendment prior to the Amendment being sent to the Minister for Final Approval.

As per Department of Health advice the proposed development will need to be bought into compliance with the draft Country Sewerage Policy and connected to reticulated sewer and reticulated water. Furthermore the development will need to contain all wastewater and stormwater on-site as discharge directly to the ocean is not permitted.

Attachments

a View.	Scheme Provisions
b View.	Rezoning Maps
c View.	Indicative Development Plans
d View.	Schedule of Submission

Officer’s Recommendation

That Council

1) Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 12.

2) Adopt Local Planning Scheme No. 23 Amendment No. 12 with the following modifications:

a) Replace the following clauses:

7.2 All future development on site is to be connected to reticulated sewer to the satisfaction of the Health Department of Western Australia

7.3 All future development on site is to be connected to reticulated water to the satisfaction of the Health Department of Western Australia

b) Insert the following clauses:

9.2 Investigations into the water resources at the site are to be undertaken to the satisfaction of the Water Department of Western Australia

9.3 An Urban Water Management Plan will be undertaken as part of any future subdivision of the site

3) Upon receipt of the modified document, Council adopt Local Planning Scheme No. 23 Amendment no. 12 for final approval, by:

a) Reclassifying portions of Lot 1 on Deposited Plan 182598 and Lot 5 on Deposited Plan 187874 from “Tourist” to “Special Use Zone No. 5”,

b) Including the specified land and related special provisions within Schedule 4 of the Scheme Text, and;

c) Amending the Scheme Maps accordingly.

4) Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 12 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

5) Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 12.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 55

Item: 12.1.4

Proposed Telecommunications Infrastructure (NBN) on Lot 577 Coolgardie Esperance Highway,Monjingup - Reserve 14545

Author/s	Ashwin Nair	Town Planner
Authorisor/s	Richard Hindley	Director Development Services
	Peter Stanley	Manager Planning Services

File Ref: 10.2013.02236.1/P5864

Applicant

Daly International on behalf of NBN Co.

Location/Address

Lot 577 Coolgardie Esperance Highway, Monjingup (Reserve 14545)

Executive Summary

For Council to consider an application for a telecommunications tower and associated infrastructure National Broadband Network (NBN) located at Lot 577 Coolgardie-Esperance Hwy Monjingup (Reserve 14545).

Recommendation in Brief

That Council approve development application 10.2013.2236.1 for Telecommunications Infrastructure (National Broadband Network) at Lot 577 Coolgardie Esperance Highway subject to conditions.

Background

The application seeks approval to construct and operate a forty (40) metre high monopole, radio transmission equipment and two (2) outdoor units. The subject land is currently a reserve, zoned “Parks, Recreation and Conservation” under Local Planning Scheme No. 23. The reserve accommodates the Six Mile Hill Bush Fire Brigade buildings and an existing thirty (30) metre communications tower which is owned and operated by the Fire and Emergency Services Authority (FESA).

Under Local Planning Scheme 23 (LPS 23), there are no development requirements for a reserve. Therefore under Clause 3.3 of the Scheme the proposal must be assessed against Clause 10.2 (matters to be considered by the Local Government) and against the ultimate purpose intended for the Reserve.

The Shire of Esperance currently has the Management Order over this reserve (Reserve 14545). At its February 2013 Ordinary Council Meeting (O0213-029) Council resolved to relinquish the Management Order for a portion of the reserve solely for the purposes of “Telecommunications Structure - NBN” as per a request from Daly International (involved in the NBN roll out across Australia). NBN will then lease the excised area (the compound size is 12m x 8m) directly from the Department of Regional Development and Lands (RDL). The remaining portion of the Management Order will be for the purpose of “Recreation and Emergency Services” recognising that there is existing FESA infrastructure on site. It must be noted that the process has been initiated but not completed by RDL.

The subject site is located approximately 8.5km north of the town site of Esperance. The site is irregular in shape and has a total area of approximately four (4) hectares.Access to the property will be granted via the existing access along the northern boundary of the FESA site, however an additional 40 metres of track will be required from the rear of the FESA site to the proposed NBN compound. The fence compound is located on the boundary (12 metres of new fence, 2.4m high to replace existing fence). The monopole and outdoor cabinets will be set back 4 and 3.5 meters respectively from the north boundary. The facility will be located over 220 metres from the Coolgardie Esperance Highway and as such only the top of the facility would be visible to passing traffic. The proposal is located approximately 95 metres from the dwelling to the north. Existing natural vegetation will aid in screening the facility (See Attachment A for Site Plan, Justification and Photos). The Full report submitted by the applicant can be tabled upon request.

The Daly International report notes that: “NBN operate within the operational standards set by the Australian Communication and Media Authority and Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).ARPANSA is a Federal Government agency in charge with the responsibility for protecting the health and safety of both people and the environment from the harmful effects of radiation. The facility is to be operated in compliance with the mandatory standard for human exposure to Electromagnetic Emissions (EME) currently the Radio communications standard 2003. The EME report submitted within the application shows that the maximum predicted EME will equate to 0.02% of the maximum exposure limit. This is substantially less than 1% of the maximum allowable exposure limit” (EME report as attachment B).

Daly International have advised that the location of the tower was identified using the objectives within State Planning Policy 5.2 Telecommunications Infrastructure (See Attachment C). A total of seven (7) locations were examined. A summary of the seven (7) proposed locations including a description of the opportunities and constraints have been submitted (Attachment D).

Public comments were sought in relation to the proposed tower and associated infrastructure with an advertisement in the Esperance Express and referrals to adjoining land owners to the north, south, east and west being undertaken. Three objections were received during the advertising period (Attachment E). These objections are further discussed in the Consultation section below.

Officer’s Comment

The proposal is assessed against the relevant criteria of Clause 10.2 in the table below.

LPS 23 Clause 10.2 Criteria	Officers Response
Ultimate purpose intended for the reserve	The Management Order pertaining to the NBN compound has been modified to identify the area solely for the purposes of ‘Telecommunications Structure - NBN’ (O0213-029).The remaining portion of the Management Order will be for “Recreation and Emergency Services” recognising that there is existing FESA infrastructure on site. It must be noted that RDL are currently processing the modification.
Compatibility of use / development	The proposed use would be located alongside the existing FESA telecommunications infrastructure and as such is compatible with the existing development and use of the Reserve.
Effect on the natural environment	The proposal does not include the removal of any significant vegetation on the site and as such the natural environment will not be disturbed.
Preservation of amenity of locality.	It is considered that the proposal would not have any significant additional impact on the amenity of the locality given FESA operate an existing 30 metre telecommunications facility on the site, the proposal would not appear incongruous with its setting.
Any approved statement of Planning Policy (SPP) of the commission	The proposal is in line with the State Planning Policy 5.2 ‘Telecommunications Infrastructure’ (See Attachment C)
Effect of location, height, bulk, scale, orientation and appearance of proposal	The surrounding land is zoned Rural Residential. The area is mostly open land with established vegetation occupied by single storey dwellings. The proposed infrastructure in this setting will be screened to an extent from the surrounding properties due to distance from the proposal and the effect of established vegetation. The location, bulk orientation and appearance of the proposal are considered to be acceptable given the ‘slim-line’ nature of the design. It is considered that the location amongst established vegetation and siting adjacent to an existing facility of a similar nature aid in reducing the visual impact of the proposal.
Adequate access, egress, loading, unloading, manoeuvring and parking of vehicles	The proposal will be served by an existing access track and driveway already utilised on site by FESA.
Traffic generated by proposal and effect on traffic flow and safety	During the construction phase, a truck will be used to deliver the equipment and a crane will be utilised to lift most of the equipment into place. Any traffic impacts associated with construction will be of a short-term duration and are not anticipated to adversely impact on the surrounding road network. In the unlikely event that road closure will be required, NBN Co will apply to the relevant authorities for permission. Once constructed, the proposal will generate an average of one maintenance trip per year and as such the traffic impacts are of negligible consequence.
Public utilities	The facility will be powered by a proposed underground power cable from the existing meter box located on site to the proposed NBN equipment shelter. There are no other service requirements for the facility and there is no waste (water, rubbish etc) generated by the facility.
Impact on community services	The facility would have no impact on existing community services. The granting of planning approval for the proposal would create a significant community benefit through the provision of a new high speed broadband network.
Any comments or relevant submissions received on the application	In regard to health impacts refer to response three (3) of consultation table.

The facility has been strategically sited and designed to minimise visual impact on the surrounding environment as much as practicable. In this regard the proposal satisfies the requirements of State Planning Policy 5.2 Telecommunications Infrastructure, whilst also addressing broadband internet coverage deficiencies within the local area.

It is considered that the proposal will provide an important community benefit to Monjingup and Myrup by providing coordinated and open access shared communication infrastructure, and therefore greatly improved fixed wireless broadband coverage within the local area.

Consultation

Three objectors raised concerns over the development. The main issue raised and planning responses to those issues are summarised in the table below. Please note the full objections are as Attachment D.

Objector & Summary of Issues

Response

Lot 43 Davis Rd (Objector), Lot 33 Island View Estate (Objector) and Lot 2 Davis Road (Objector)

1. 40 metre tower and cabinets being an eye sore;

2. Significant drop in the value of property;

3. No protection against radiation;

4. Better alternatives for sighting the tower;

5. Objector is concerned that emissions will affect his Implantable Cardioverter Defibrillator;

6. Has an application been received for rezoning of the area to accommodate the tower?

7. Has a Land use Application been received?

8. Has the preservation of the land use amenity been considered in line with the stated Reserve definition?

9. The chain link fence will replace our existing fence for 12 metres along our boundary which will be a major eyesore and consist of Barbed wires;

10. Location of the tower will require removal of trees;

11. Possible tower collapse;

1. The proposed facility in this setting will be well screened from the surrounding properties due to the separation distances from the proposal and by the established vegetation. The location, bulk orientation and appearance of the proposal are considered to be acceptable given the slim-line nature of the proposal. Whilst it is recognised that the scale and height may be a cause of concern, it is considered that the location amongst established vegetation and siting adjacent to an existing facility of a similar nature aid in reducing the visual impact of the proposal

2. Land value is not a Planning consideration

3. Daly International has stated “NBN Co operate within the operational standards set by the Australian Communication and Media Authority and Australian Radiation Protection and Nuclear Safety Agency. The facility is to be operated in compliance with the mandatory standard for human exposure to EME (Electronic Radiation Human Exposure) standard 2003. The report submitted shows that the maximum predicted EME will equate to 0.02% of the maximum exposure limit. This is substantially less than 1% of the maximum allowable exposure limit”.

4. Daly International have identified the location of the telecommunications tower using the objectives within State Planning Policy 5.2 Telecommunications Infrastructure. This policy states ‘telecommunications infrastructure should be located, sited and designed in accordance with guidelines set out in the policy. Attachment C shows compliance with guidelines prescribed in the State Policy.

5. The NBN facility would operate via radio waves the same way that mobile phone, TV, Radio, CB/2-way radio, garage door opener, baby monitor and vehicle central locking works. The NBN has a very specific spectrum within which it is permitted to operate which is administered and regulated by the Australian Communications and Media Authority. There are no known cases of medical equipment (Pace-makers/defibrillator’s) being affected by any of the above radio wave emitting devices.

6. Rezoning is not necessary as any development proposed on a reserve can be assessed under Clause 10.2 prior to approval. Council recently approved a request to relinquish and change the purpose of a portion of the reserve solely for the purpose. This process is yet to be finalised by RDL

7. Development application 10.2013.02236 pertaining to NBN was submitted on 3rd April 2013 for Planning Approval. The report is currently being presented to Council.

8. Under Local Planning Scheme 23 (LPS 23), there are no development requirements for a reserve. Clause 3.3 of the Scheme requires all proposals to be assessed against Clause 10.2 (matters to be considered by the Local Government) and the ultimate purpose intended for the Reserve. Council recently approved a request to relinquish and change the purpose of a portion of the reserve solely for the purpose of “NBN Telecommunications tower” and the remaining portion of the reserve for purposes of “Recreation and Emergency Services” recognising that there is an existing FESA Infrastructure on site. This process is yet to be completed by RDL

9. All fencing will have to comply with Shire of Esperance Local Laws pertaining to fencing.

10. No trees will be removed as a result of the proposal. The monopole and cabinets will be setback 4 and 3.5 metres respectively from the rear boundary.

11. A condition on the Planning Approval will ensure compliance with the Building Code of Australia.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005

Local Planning Scheme No.23

Telecommunications Act 1997

Policy Implications

The policy implications arising from this report are:

State Planning Policy 5.2-Telecommunications Infrastructure

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.8 Facilitate and guide high quality and efficient building and development across the Shire.

Environmental Considerations

There are no known environmental considerations arising from this report:

Attachments

a View.	Attachment-Site Plan
b View.	Attachment-EME Report
c View.	Attachment-Response to State Planning Policy 5.2
d View.	Attachment-Candidate sites
e View.	Attachment-Neighbour Objection

Officer’s Recommendation

That Council approve Development Application 10.2012.02236.1 for a Telecommunications Infrastructure (National Broadband Network) on Lot 577 Coolgardie Esperance Highway, Monjingup subject to the following conditions:

1. Development shall be in accordance with the approved plans. The development shown on the approved plans shall not be altered or amended without the prior written consent of the Shire.

2. The development of the telecommunications infrastructure and associated ancillary works and the ongoing use must not cause erosion or degradation of the subject or surrounding land to the satisfaction of the Shire.

3. During the development stage adjoining lots are not to be disturbed without the consent of the owner/s in writing.

4. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented within the time and manner directed by the Shire of Esperance (Health Services).

5. Whilst undertaking site preparation works, all areas of exposed sand must be sufficiently treated against possible sand drift through the use of sprinklers or other suitable means. All sand must be contained on-site to the satisfaction of Council.

6. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

7. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the shire Of Esperance.

8. All fencing must comply with the Shire of Esperance Local law pertaining to Fencing.

AND the following advice notes:

1. It is the responsibility of the applicant to ensure the building and associated works correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. Council will take no responsibility for incorrectly located buildings.

2. It is the responsibility of the applicant to search the title of the property to ascertain the presence of any easements that in any case must not be built upon or restrictive covenants that may apply.

3. Advice should be sought from a Licensed Electrical Contractor as the electricity supply to the premises needs to comply with the Electricity Act 1945, Electricity Regulations 1947.

4. This is not a Building Permit. In accordance with the provisions of the local Government (Miscellaneous Provisions) Act, an application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works on-site.

5. The development must comply with the following legislation:

· Environmental Protection (Noise) Regulations

6. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

7. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

8. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 85

Item: 12.1.5

Proposed Telecommunications Infrastructure (National Broadband Network) - Lot 1 (75) Valley Road, Pink Lake

Author/s	Peter Wilks	Town Planner
Authorisor/s	Peter Stanley	Manager Planning Services
	Richard Hindley	Director Development Services

File Ref: DD10.2013.02227.1/P9396

Applicant

Daly International on behalf of NBN Co.

Location/Address

Lot 1 (75) Valley Road, Pink Lake

Executive Summary

For Council to consider an application for Telecommunications Infrastructure (National Broadband Network) located at Lot 1 (75) Valley Road, Pink Lake.

Recommendation in Brief

That Council approve development application 10.2013.2227.1 for Telecommunications Infrastructure (National Broadband Network) at Lot 1 (75) Valley Road, Pink Lake subject to conditions.

Background

Daly International has been appointed by NBN Co for the development and operation of Telecommunications Infrastructure (National Broadband Network) at Lot 1 (75) Valley Road, Pink Lake. The site of the proposed tower is approximately 430 metres from residential properties in Nulsen. The proposed development includes a 35 metre high tower, outdoor cabinets and fencing.

The subject site is a Rural Residential zoned lot, with an area of 3.33ha that is accessed from Rowse Street. The site is heavily vegetated and features and existing Lodging House which will remain on site.

Under Local Planning Scheme No. 23 (LPS 23), Telecommunications Infrastructure is an ‘A’ use and requires advertising to affected landowners and parties. Public comments were sought in relation to the proposed tower and associated infrastructure with an advertisement in the Esperance Express and referrals to adjoining land owners within 400 metres being undertaken. Two objections were received during the advertising period (Attachments B and C). A response was also received from the applicant to the matters discussed in the objections. (Attachment D). These objections are further discussed in the Consultation section below.

Daly International have advised that the location of the tower was identified using the objectives within State Planning Policy 5.2 Telecommunications Infrastructure (see Attachment E).

Officer’s Comment

The proposal is assessed against the relevant criteria of Clause 10.2 of the Scheme in the table below.

LPS 23 Clause 10.2 Criteria	Officers Response
Compatibility of use / development	The proposed development is proposed within a Rural Residential zone; as such it is an ‘A’ use in the zone and may be approved subject to notification to affected parties and landowners. The area is not heavily developed, with five dwellings within 300 metres. Due to this low density the proposed use of the site is seen as being compatible with the surrounding area.
Effect on the natural environment	The site is a Rural Residential zoned lot that has been partially cleared (approximately 40%). As the proposed development represents additional clearing of 1017m² (a quarter acre) on a 33,308m² block, the environmental impact is minimal.
Preservation of amenity of locality.	The proposed development is located approximately 500 metres from Pink Lake Road, 450 metres from the nearest residential lots in Nulsen and 600 metres from the nearest Rural Residential site on Longbottom Lane with five dwellings within 300 metres. This isolation means that the proposal should have minimise effects on other landowners in the vicinity, however there will still be some impact due to the height of the structure. The applicant has indicated that the proposed tower will be left unpainted as this is believed to be the least impacting colour scheme.
Effect of location, height, bulk, scale, orientation and appearance of proposal	The surrounding land is zoned Rural Residential and ranges from heavily vegetated and undeveloped, to cleared land and single dwellings. The impact of the height and scale of the development will be minimised due to the isolation of the proposed site and the distance from established residential areas. The appearance of the proposal should be minimised further by the ‘slim-line’ nature of the design.
Adequate access, egress, loading, unloading, manoeuvring and parking of vehicles	A new access track will be created along the existing Road Reserve for Valley Road which will provide suitable access for vehicles. Engineering Services have requested that the development should facilitate access by two wheel drive vehicles. This has been added as a condition in the Officers Recommendation.
Traffic generated by proposal and effect on traffic flow and safety	During the construction phase, a truck will be used to deliver the equipment and a crane will be utilised to lift most of the equipment into place. Any traffic impacts associated with construction will be of a short-term duration and are not anticipated to adversely impact on the surrounding road network. In the unlikely event that road closure will be required NBN Co will apply to the relevant authorities for permission. Once constructed, the proposal will generate an average of one maintenance trip per year and as such the traffic impacts are of negligible consequence.
Public utilities	The facility will be powered by a proposed underground power cable from the existing meter box located on site to the proposed NBN equipment shelter. There are no other service requirements for the facility and there is no waste (water, rubbish etc) generated by the facility.
Impact on community services	The facility would have no impact on existing community services. The granting of planning approval for the proposal would create a significant community benefit through the provision of a new high speed broadband network.

It is considered that the proposal will provide an important community benefit to Nulsen and Pink Lake by providing coordinated and open access shared communication infrastructure, and therefore greatly improved fixed wireless broadband coverage within the local area.

Consultation

Two objectors raised concerns over the development. The main issues raised and planning responses to those issues are summarised in the table below. Please note the full objections are as attachment B and C.

Objector & Summary of Issues

Response

Lot 171 (8) Ponton Street, Nulsen

· Health concerns regarding radiation from the proposal.

· The applicant has indicated that the maximum predicted EME will equate to 0.02% of the maximum exposure limit. This complies with the maximum cumulative EME level for all mobile services.

Ballantyne Earthmoving

· Visual Amenity

· Noise originating from Tower

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site, distance from existing residential areas and the ‘slim-line’ nature of the design.

· The report provided as part of the application notes that the only ongoing noise originating from the site will be from air conditioning equipment associated with the equipment shelter.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005

Local Planning Scheme No.23

Telecommunications Act 1997

Policy Implications

The policy implications arising from this report are

State Planning Policy 5.2-Telecommunications Infrastructure

Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.8 Facilitate and guide high quality and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a View.	Plans
b View.	Objection - 8 Ponton Street
c View.	Objection - Ballantynes Earthmoving
d View.	Response to Objection
e View.	Response to SPP 5.2

Officer’s Recommendation

That Council approve Development Application 10.2012.02227.1 for Telecommunications Infrastructure (National Broadband Network) on Lot 1 (75) Valley Road, Pink Lake subject to the following conditions:

1. Development shall be in accordance with the approved plans. The development shown on the approved plans shall not be altered or amended without the prior written consent of the Shire.

3. During the development stage adjoining lots are not to be disturbed without the consent of the owner/s in writing.

6. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

8. All fencing must comply with the Shire of Esperance Local law pertaining to Fencing

AND the following advice notes:

1. This is not a Building Permit. In accordance with the provisions of the local Government (Miscellaneous Provisions) Act, an application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works on-site.

2. It is the responsibility of the applicant to ensure the building and associated works correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. Council will take no responsibility for incorrectly located buildings.

3. It is the responsibility of the applicant to search the title of the property to ascertain the presence of any easements that in any case must not be built upon or restrictive covenants that may apply.

4. Advice should be sought from a Licensed Electrical Contractor as the electricity supply to the premises needs to comply with the Electricity Act 1945, Electricity Regulations 1947.

5. The development must comply with the following legislation:

· Environmental Protection (Noise) Regulations

7. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 122

Item: 12.1.6

Public Art Policy

Author/s	Richard Hindley	Director Development Services
Authorisor/s	Richard Hindley	Director Development Services

File Ref: OAP.14

Applicant

Internal – Development Services

Location/Address

N/A

Executive Summary

For Council to consider the adoption of the Draft Public Art Policy as a Council Policy. The policy encourages the provision of public art and provides a mechanism to assess public art.

Recommendation in Brief

Adopt the Draft Public Art Policy as a Council Policy.

Background

Public Art plays a role in the creation and expression of cultural diversity, openness and the richness of lifestyle enjoyed by the community.

The aims of this policy are to:

· Develop and promote community identity within the Shire;

· Improve the quality of the Shire’s built environment;

· Increase the social, cultural and economic value of the Shire;

· Establish new design partnerships between artists, architects and other professionals;

· Engage with the community in a way that contributes to their understanding of the spaces and places they inhabit;

· Increase public awareness of the value of art and design; and

· Encourage the provision of Public Art in Development within the Shire.

The Public Art within the Shire contributes to the heritage and style of the Shire, supporting and expressing the community’s aspirations and talents. This provides an important element in promoting the Shire as a creative and vibrant place.

Officer’s Comment

A version of the Draft Public Art Policy was discussed with Councillors at an Information Workshop held on the 16April 2013. As a result of this meeting a number of modifications have been made to the policy in particular it now encourages rather than mandates the provision of Public Art in conjunction with development.

Specifically the revised policy no longer requires the contribution of public art as a component of development over $1,000,000. Likewise the cash-in-lieu aspects of the original draft have been removed. This policy has also been developed to apply Shire wide rather than being restricted to the ‘Central Area’ zone.

Public Art projects may include:

a) building features and enhancements such as bicycle racks, gates, benches, fountains, playground structures or shade structures which are unique and produced by a professional artist;

b) landscape art enhancements such as walkways, bridges or art features within a garden;

c) murals, tiles, mosaics or bas-relief covering walls, floors and walkways. Murals may be painted or constructed with a variety of materials;

d) sculpture which can be freestanding or wall-supported in durable materials suitable for the site;

e) fibreworks, neon or glass art works, photographs, prints and any combination of media including sound, film and video systems; and

f) community arts projects resulting in tangible art work, such as community murals or sculptures.

The art project may be an interpretation of cultural heritage, and the Shire may also consider alternative art projects including community arts programs, which involve the public and the incorporation of a cultural space that comprises a visual or performing arts space.

The range of public art that could be developed is quite diverse in the types of media that could be used as well as style.

The policy requires that proposal for public art on public land be advertised and referred with the proposal to the Council for consideration.

Consultation

A workshop was held with Council to discuss the Draft Local Planning Policy for Public Art on the 16^th April 2013. As a result of this workshop the policy has been amended to provide guidance for the development of public art rather than mandating the provision of public art over a development threshold.

As the policy only encourages the provision of public art it is not considered necessary to consult on the development of this policy.

Financial Implications

A determination needs to be made during the budget process as to whether a municipal allocation will be made to the provision of public art in the Shire.

Asset Management Implications

Where public art is placed on private land there are no asset management implications.

Where public art is placed on public land as there will be asset management implications. The specific impact on asset management cannot be determined until the artwork to be installed is determined.

It should be noted that the policy mandates the development of a maintenance plan for each public art work. A maintenance plan will allow the asset management implications of each work to be clearly identified before it is installed.

Statutory Implications

Nil

Policy Implications

This item relates to policy development.

Strategic Implications

Strategic Community Plan 2012 – 2022

Social

1.7 Facilitate and promote arts and cultural activities for all ages

Environmental Considerations

Nil

Attachments

a View.

Draft Public Art Policy

Officer’s Recommendation

That Council adopt the Draft Public Art Policy as presented in Attachment A as a Council policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 125

Council Policy No.:
Policy Name:	*Public Art Policy*
Objective:	To establish guidelines for the provision of a Public Art within the Shire of Esperance.
Key Words	Public Art
Statutory Compliance	N/A

POLICY

Objective

• To develop and promote community identity within the Shire;

• To improve the quality of the Shire’s built environment;

• To increase the social, cultural and economic value of the Shire;

• To establish new design partnerships between artists, architects and other professionals;

• To engage with the community in a way that contributes to their understanding of the spaces and places they inhabit;

• To increase public awareness of the value of art and design; and

• To encourage the provision of Public Art in Development within the Shire.

Definitions

Owner means the owner of the land upon which the relevant development is proposed to be built.

Public Art means art work located either on private property or public land that contributes to the public realm and is situated so as to be clearly visible to, or accessible by, the general public.

Professional Artist means a regular exhibitor of public art work; offering work for sale, or selling work; having been awarded or eligible for a government grant; selected for public exhibition, awards or prizes; having secured work or consultancies on the basis of professional expertise; having had work acquired for public or private collections; being a member of a professional association on the basis of his/her status as a professional artist.

Policy Statement

1) General Provisions

i) Public Art projects may include:

a) building features and enhancements such as bicycle racks, gates, benches, fountains, playground structures or shade structures which are unique and produced by a professional artist;

b) landscape art enhancements such as walkways, bridges or art features within a garden;

c) murals, tiles, mosaics or bas-relief covering walls, floors and walkways. Murals may be painted or constructed with a variety of materials;

d) sculpture which can be freestanding or wall-supported in durable materials suitable for the site;

e) fibreworks, neon or glass art works, photographs, prints and any combination of media including sound, film and video systems; and

f) community arts projects resulting in tangible art work, such as community murals or sculptures.

ii) Public Art projects cannot include:

a) business logos;

b) directional elements such as supergraphics, signage or colour coding;

c) "art objects" which are mass produced such as fountains, statuary or playground equipment;

d) "off-the-shelf" art and/or reproductions; and

e) landscaping or architectural elements which would normally be associated with the project.

iii) Professional artists are to be commissioned to produce the Public Art. Where possible, artists selected for a project are to reside and/or work within the Shire of Esperance. All artists commissioned to create public art works are required to show evidence that they have sought input from relevant community members during the early design stages of the project in keeping with the objectives related to community identity, engagement and awareness cited at the beginning of this policy.

iv) While the Public Art must not be a mass produced or “off-the-shelf” piece, pre-existing art work being purchased and installed as the Public Art is considered appropriate.

v) The Shire will encourage developers of major commercial developments and residential or industrial estates within the Shire to incorporate Public Artworks within the overall development proposal.

vi) The Shire will advertise any proposed Public Art in the public domain for public comment for a minimum of fourteen (14) days. Any submissions received at the close of the public consultation period will be reported to the Council along with the proposed artwork for consideration.

vii) When the Shire installs Public Art it will be located within Shire controlled land such as road reserves and other public lands.

viii) When Public Art is installed as part of a development the artwork is to be contained on private property within the relevant development.

2) Public Art Design Considerations

i) Public Safety

Public Safety is a significant design consideration for all items in the public domain and public artworks and cultural materials must adhere to the level of public safety standards normally required of all other objects placed in the public domain. The design and construction of artworks must be in accordance with the relevant Australian Standards, and any other project specific guidelines. Generally, the types of public safety concerns that the design of public art needs to address include, but are not limited to:

· Eye level projections (consider also the height of children);

· Visibility;

· Structural stability, including footings (some works will require engineering certification);

· Secluded and confined areas that may threaten public safety and issues of entrapment;

· Accessibility;

· Uneven paving and walking surfaces, especially in poorly lit areas;

· Glare from finished surfaces;

· Gradients of slopes and trip hazards on paved surfaces;

· Hours of sunlight and the impact of moss and lichens; and

· Climbing on artworks not intended as interactive or play sculptures should be discouraged by eliminating parts that climbers might use as foot holds.

ii) Engineering Certification

Many works will require consultation with an engineer who may be required to provide engineering certification relating to issues such as structural stability, load bearing capacities and fixing methods. The level and type of engineering involvement will vary between projects.

iii) Materials and Coatings Considerations

All materials for semi-permanent to permanent public art and cultural materials must be durable and easily maintained. It is with a view to retaining the integrity of the work over the long term that the following recommendations for the selection of materials are made. Other materials and coatings may be appropriate to certain applications. All material options should be considered and discussed in the design stage. The following list is not definitive and it is advisable that a conservator be consulted during the design phase. Whilst this adds to the cost of the design stage, the engagement of a conservator can lead to more informed material selection that can significantly reduce ongoing maintenance and restoration expenses.

iv) Metals

Preferred metals for the coastal environment of Esperance are:

· Marine grade stainless steel;

· Coloured stainless steel;

· Bronze;

· Copper alloys;

· Nickel alloys;

· Polyurethane coated steel;

· Core-ten or weathering steel - use carefully as it can stain adjoining surfaces and the graffiti removal can be difficult; and

· Avoid galvanic corrosion in the combined use of reactive metals, such as steel screws in bronze or bronze affixed to cast iron objects.

v) Stone

· Porous stones such as the softer forms of sandstone, limestone and marble should be generally avoided in shaded and damp areas due to discolouration, deterioration and the possibility of surface damage when cleaning;

· Harder stones such as granite, basalt and quartzite are preferred;

· Approved sandstone is acceptable if located appropriately; and

· The use of protective coatings and sealants should be investigated.

vi) Concrete

· Concrete and cement are prone to efflorescence, water ingress and staining; and

· When using concrete investigate the use of sealants and protective coatings.

vii) Plastics and Fibreglass

· The use of plastics and fibreglass on items intended to be installed on a longer term basis are to be avoided as they can yellow, become brittle and deteriorate relatively rapidly.

viii) Timber

· Timber requires preservative treatments, protective coatings, varnishes or paints to extend its life-span; and

· All timber in contact with the ground shall incorporate termite protection measures.

ix) Glass

· High strength toughened glass may be used in some applications.

x) Ceramics

· Ceramic sculptural elements are to be generally avoided as they can be easily and irreparably damaged; and

· Glazed ceramic tiles however can be sufficiently durable in specific design applications. The tiles must be non-slip in paved areas.

xi) Protective Coatings

· Protective coatings guard against weather damage, paint and surface deterioration and permanent graffiti damage;

· Protective coatings reduce harmful physical affects on the material that can occur in the removal process. It is required that wherever possible protective coatings be applied to public artworks;

· It is recommended that wherever possible sacrificial coatings be used to mitigate graffiti damage. These are coatings that are washed off with high pressure water, taking graffiti and surface markings with it. The coating is re-applied as necessary.

xii) Landscape Factors

· Root barriers for works installed near large trees or areas of vegetation; and

· Minimisation of future landscape maintenance requirements around public artworks.

xiii) Lighting

· Lighting is an important design consideration in terms of aesthetic effect, visibility and as a deterrent to vandalism.

xiv) Plinth Design

· Plinth design needs to consider the effects of rainwater. Avoid flat upper surfaces where water can pool, porous stones like sandstone that are likely to discolour and avoid joins in surfaces prone to water pooling.

xv) Attribution Plaques

All artworks require attribution plaques in order to fulfil the moral rights obligations of the artist’s right to attribution and, at a minimum, should include:

· Artist Name

· Artwork Title

· Artwork Date

xvi) Vandalism/Graffiti Minimisation

The following should be considered in all public artworks to assist in making the environment unattractive for vandals and graffitists by:

· Using graffiti resistant materials;

· Lighting the area at night;

· Increasing informal community surveillance;

· Immediate and continued removal of graffiti. This deprives graffitists of the reward of having their work recognised by others and lessens the chance of answering tags by other graffitists;

· Use painted and sacrificial coated surfaces wherever possible to aid in removal or recoating;

· If raw materials are used, harder and smoother surfaces are preferable as they are easier to clean;

· Measures should be taken, wherever appropriate to the site, to reduce the accessibility of artworks to vandals. This includes installing works within water bodies or creating works with the main sections above head height and the like; and

· Community Involvement. A sense of pride and ownership amongst the community can help reduce vandalism through informal surveillance, quick reporting and community pressure. Consultation with relevant community members is essential during the early design stages of every public art project to ensure that this sense of ownership develops. This requirement is in keeping with the objectives related to community identity, engagement and awareness cited at the beginning of this policy.

Vandalism is different to graffiti in that it entails the damage of objects as well as marking the surface. Most of the strategies outlined above apply to vandalism as well. In addition to the above, design consideration needs to be also given to ways of reducing the bending and snapping of parts through reinforcement and appropriate fixing.

3) Maintenance Plan

i) A Maintenance Plan is to be developed prior to installation of each public art work. This will ensure the effective management of public art assets for Esperance into the future. The plan shall include the following:

· Details of paints, protective coatings and materials to allow maintenance personnel to select the correct cleaning products and match paint colours;

· A re-coating/re-painting schedule;

· A cleaning schedule; and

· Contact details for artist so that attempts may be made to contact them for maintenance questions.

· The Shire will only be responsible for the maintenance of public art it has installed in the public domain.

· Where public art had been developed on alienated land by a developer it will be the maintenance responsibility of the owner of the Development.

4) Ad hoc and Festival Provided Public Art

i) Where public art is proposed to be developed outside of the application of this policy, i.e. it is not Shire provide public art or public art related to a development site it is to be developed in accordance with Parts 1i), 2 and 3 of this policy.

5) Ownership, Copyright and Moral Rights

i) Ownership of Public Art commissioned under this Policy will generally depend upon the location of the Public Art:

a) Where situated on private property as a result of a development, the Public Art is owned and maintained by the Owner of that property.

b) Where situated on public property, the Public Art is owned and maintained by the Shire.

ii) The Shire will have the right to reproduce extracts from the design documentation of the Public Art and photographic images of the Public Art for non-commercial purposes, such as annual reports, information brochures, and information on the Shire’s website.

iii) The Shire recognises that artists have moral rights under copyright legislation, which are the right of attribution of their work, the right against false attribution to someone else, and the right of the artist to object to treatment of an art work that demeans their reputation.

In line with the moral rights legislation, the Shire:

a) Will install a plaque or plate near a Public Art work, acknowledging the name of the artist, and where appropriate, the name of the person or company who funded the Public Art.

b) Will consult with the artist if the Public Art work is to be changed in any way (including by removing or re-locating the Public Art), except in cases of emergency.

6) Deaccession or Planned Destruction of Public Art

i) The National Association of Visual Artists (NAVA) has developed a Code of Practice for the visual arts industry. Their guidelines are for application in the Public Institution, a context which has a similar set of policy concerns to that of public art held in the Shire collection, and include the following considerations (in the context of the Shire collection):

· The artist/creator or their estate should be offered first refusal in the event of Deaccession;

· Deaccession should take place in accordance with the deaccession policies of the organisation, which should be agreed upon with the artist at the time of purchase/commission;

· If the work is to be deaccessioned, the artist (or their estate) should be provided with opportunity to document the work in its current location;

· If a work is to be destroyed, Shire of Esperance should:

· Give the artist opportunity to document the work; and

· Give the artist opportunity to remove the work.

General Process for Deaccession of Public Artwork

Ordinary Council: Agenda

28 May 2013 Page 133

Item: 12.1.7

Tender 02/13 Building Sub Contract Services 2013-14

Author/s	Richard Hindley	Director Development Services
Authorisor/s	Richard Hindley	Director Development Services

File Ref: TEN02/13

Applicant

Internal – Development Services

Location/Address

N/A

Executive Summary

To advise Council of submissions received from Tenderers offering Subcontract Building Services for the 2013/14 financial year and recommends that Council accept all tenders received for Tender 02-13 – Subcontract Building Services for 2013/14.

Recommendation in Brief

That Council accept all tenders for Tender 02-13 : Supply of Building Subcontract Services 2013/14, detailed in the schedule of rates as tabled, for use in the 2013/14 financial year, with all tenderers to be informed that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

Background

Section 3.57 of the Local Government Act 1995 and Division 2 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services are expected to be higher than $100,000 per annum.

In order to comply with the above provisions, the Shire calls for tenders for the supply of Building Subcontract Services on an annual basis. Tender 02-13 closed at 4.00pm on Friday, 3 May 2013.

Officer’s Comment

It is proposed to accept all tender submissions, as this allows greater flexibility in being able to secure appropriate subcontractors for various Shire projects when required. Approved tenderers will be engaged as and when required to the most satisfactory advantage to the Shire of Esperance throughout 2013/14. It will be stressed to all tenderers that acceptance of their tender does not guarantee any work during the financial year.

The services sought as part of this tender were:

1. Plumbing

2. Plumbing Gas & Refrigeration

3. Electrical

4. Glazing

5. Carpentry

6. Cabinet Maker

7. General Labour

8. Painting

9. Fire Services

10. Mechanical / Air-conditioning

Consultation

Nil

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful tenderers will allow appropriately qualified subcontractors to be utilised on Shire building maintenance projects thereby assisting in asset maintenance and renewal.

Statutory Implications

The statutory implications associated with this item are Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Division 2.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

3.5 Maintain the Shire’s robust asset management practices and maintenance programs

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire

Environmental Considerations

Nil

Attachments

a .	Confidential Attachment - Tender 02-13 - Evaluation - Confidential
b .	Confidential Attachment - Tender 02/13 - Confidential

Officer’s Recommendation

That Council:

1) Accept all tenders for Tender 02-13 : Supply of Building Subcontract Services 2013/14, detailed in the schedule of rates as tabled, for use in the 2013/14 financial year,

2) Inform all tenderers that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 135

12.1 Engineering Services

Item: 12.2.1

Tender 01/13 Subcontract Plant Hire 2013/14

Author/s	Amelia Fitzgerald	Engineering Services Administration Officer
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F13/459

Applicant

Engineering Services

Location/Address

N/A

Executive Summary

This report provides Council with details of the submissions received from Tenderers offering Subcontract Plant Hire for the 2013/14 financial year.

Recommendation in Brief

That Council accept all tenders for Tender 01/13 – Subcontract Plant Hire 2013/14, detailed in the schedule of rates as tabled, for use in the 2013/14 financial year, with all tenderers to be informed that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

Background

In order to comply with the above provisions, Council called tenders for the hire of subcontract plant for the 2013/14 financial year. Tender 01/13 closed at 4.00pm on Friday 3 May 2013.

Officer’s Comment

It is proposed to accept all tender submissions, as has been the practice in the past, as this allows greater flexibility in being able to secure appropriate plant for various Shire projects when required. Approved tenderers will be engaged as and when required to the most satisfactory advantage of the Shire throughout 2013/14. It will be stressed to all tenderers that acceptance of their tender does not guarantee any work during the financial year.

The services sought as part of this tender were:

· Dozer

· Grader

· Loader

· Scraper

· Trucks

· Water Tankers and Trailers

· Miscellaneous (Tree Lopping, Rollers, Bobcat, Street Sweeping, etc).

The inclusion of one six monthly calculation to allow a rise and fall for fuel costs throughout the financial year has been retained. The tender prices will only be adjusted if the fuel price fluctuates (increase or decrease) by more than 20%.

A comparison of costs from the current financial year to the proposed tender, show that increases are minimal, if at all, with any increases averaging around 5%. There has also been a slight reduction in the number of submissions received this year, to previous years.

Consultation

Nil

Financial Implications

Contract costs will be incorporated into budget allocations for particular projects.

Asset Management Implications

The successful tenderers will allow appropriately qualified subcontractors to be utilised on Road Construction and Maintenance projects predominantly, thereby assisting in asset maintenance and renewal.

Statutory Implications

Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Division 2.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.5 Maintain the Shire’s robust asset management practice and maintenance programs

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

Nil

Attachments

CONFIDENTIAL - Sub-contract Plant Hire Schedule of Rates 2012-13 - Confidential

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 137

Item: 12.2.2

Daw Drive Dual Use Path Request - Petition

Author/s	Neil Williams	Manager Engineering Assets
	Gavin Harris	Director Engineering Services
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/3711

Applicant

Petition instigated by Robyn Porter

Location/Address

Daw Drive

Executive Summary

That Council consider a petition for the construction of a Dual Use Path along Daw Drive from Goldfields Road to the Bandy Creek Picnic and Boat Launching Area.

Recommendation in Brief

That Council review the Esperance Trails Master Plan 2007-2017 to include a prioritised, costed list of works and investigate the inclusion of a multi-use trail on Daw Drive.

Background

A petition signed by 91 people was tabled and received by Council at the Ordinary Council Meeting held on 26^th February, 2013. The petition requests council consideration for the construction of a Dual Use Path from Goldfields Road along Daw Drive to the Bandy Creek Picnic and Boat Launching Area. (See attachment).

Officer’s Comment

This Dual Use Path proposal has not been identified in the Esperance Trails Master Plan (ETMP) 2007-2017 which is the basis for prioritising pathway construction and funding applications located outside built up areas. Currently the ETMP identifies access to Bandy Creek via a pathway from Castletown Quays through to Bandy Creek constructed through existing sand dunes similar to the path that services Twilight Beach.

With the expansion of the Flinders subdivision a dual use path would be included as part of the subdivision development when Daw Drive is required to be constructed. To consider a path on Daw Drive would require a path to either be constructed along the edge of the existing road (seal the shoulder and delineate it as a path by white lining) or along the road reserve boundary. Either option would involve the path being required to be rebuilt once the Flinders subdivision expands to include Daw Drive.

Another issue is that currently horse owners use the road reserve along Daw Drive to access Bandy Creek from the rural lots. Investigation needs to be undertaken to determine if this will be allowable/required into the future when the area is developed to full urban requirements.

To minimise sand fill requirements, the most cost effective route would be along the southern road reserve boundary. At the end of Daw Drive the dual use path connection to the picnic and launching area would need to be coordinated and approved by the Department of Planning and Infrastructure. The length of the proposal is about 1650 metres with an estimated cost of $175,000. It should be noted the path would not be installed to future subdivisional development levels as any future development would necessitate the path to be reinstated / reconstructed to the final levels after services are installed.

The Esperance Trails Master Plan 2007 – 2017 identifies a route from the end of Castletown Quay behind the coastal dune system to the Bandy Creek groyne (See Attachment). This is a viable alternative to the proposal and is about 250 metres shorter in distance. Residents would have access via Ormonde Street to the path.

Currently the Shire has reallocated all footpath allocations to the Esperance Waterfront project for the 2012/13 and 2013/14 financial years. Consideration would also need to be given for funding opportunities such as Lotterywest and Department of Transport. Funding has currently been received from these two sources for the 2013/14 financial year for the Commons Trail (Twilight Beach to Pink Lake),$67,000, and Esperance Waterfront project, $180,000, respectively.

Consultation

Department of Planning and Infrastructure

Engineering Department

Financial Implications

Funding for either option may be available for up to 50% of the cost of constructing the path however the other 50% would need to be allocated by Council. Currently both funding sources have closed for the 2013/14 financial year with the Shire receiving funding for the two projects mentioned above.

Asset Management Implications

The construction of this path would increase the Shire path network with the associated ongoing maintenance costs.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.5 Create and maintain a safe environment for the community

Economic

3.3 Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users

Environmental Considerations

The environmental considerations arising from this report are if the path is to be constructed behind the coastal dune area dune protection and sand drift controls would need to be considered.

Attachments

a View.	Daw Drive - Dual Use Path Request - Petition
b View.	Esperance Trials Master Plan 2007-2017 Extract

Officer’s Recommendation

That Council -

1. Review the Esperance Trails Master Plan 2007-2017 to include a prioritised and costed list of works.

2. Investigate the inclusion of a multi use trail or dual use path along Daw Drive to Bandy Creek.

3. Advise the petition instigator that the Shire is unable to allocate funds to the construction of a dual use path along Daw Drive in the 2013/14 financial year but will be undertaking a review of the Esperance Trails Master Plan and investigating if a path on Daw Drive is a viable option.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 148

Item: 12.2.3

Linking up of Keenan Road Petition

Author/s	Gavin Harris	Director Engineering Services
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F12/123

Applicant

Petition with 28 signatures instigated by Julie Paxton

Location/Address

Executive Summary

Council has received a petition for the linking up of the two halves of Keenan Road to provide safe access for residents.

Recommendation in Brief

This report recommends that Council considerers the request for linking Keenan Road as part of the 2013/14 budget deliberations where it will be prioritised and considered against all road requirements.

Background

A petition was received by Council in February 2013 that stated the following –

“For many years, the Council has been requested to link up the two sections of above road to provide safe access for residents and this has not taken place.

The recent fire demonstrated how this situation with a different wind change could have been disastrous. There are more than 25 homes in the Keenan Road North section that were under threat and more on the Keenan Road South section.

There is a small section of Keenan Road that has not been constructed and we the undersign request that it is time to join the roads and give residents access out in all situations”.

There are 28 signatures on the petition that all live on Keenan Road, Amaroo Glade, Harris Road or Spencer Road.

Also a letter supporting the linking of Keenan Road has been received from the Pink Lake Urban Rural Bush Fire Brigade.

Officer’s Comment

The Shire has received a number of requests for upgrade works due to road safety concerns and fire access over the past 10 years. On each occasion the Shires response has been due to lack of funds, low traffic volumes and the prioritising of works the linking up of Keenan Road has not been funded.

The petition was raised shortly after the bush fire that occurred on the 4 and 5 February 2013 as an alternative fire escape route from the Keenan Road area and for a direct link on that evening would have allowed fire fighters to travel only 1.6km to service either end of the fire as opposed to travelling 16km around Pink Lake.

The Community Emergency Services Co-ordinator, who was actively involved in co-ordinating fire fighting activities on the day, offered the following comment in relation to linking Keenan Road, in terms of fire safety issues –

During the recent fires in the Pink Lake area, access around the Lake was difficult due to the unformed road joining the two ends of Spencer and Keenan Roads. Light Tanker appliances (4x4 Land Cruiser units) could traverse the terrain, however heavy appliances could not. It was inconvenient that crews needed to travel around Pink Lake (approx 15km) to access each side of the fire.

While this was not ideal, the impact it had on fighting the fire was minimal. Local knowledge of the area was utilised and strategies were devised with this in mind. In most cases crews were placed at each end of the fire, with only a small number of crews requiring to undertake the trip around the Lake during the incident

Keenan Road was not impacted by this fire and no emergency evacuation took place. Road closures were put in place as precautionary measure, to protect emergency personnel, while keeping sightseers out of the way. Residents were free to leave the area, however were not permitted to return. Many residents chose not to leave.

As with many areas within the Shire of Esperance, it is acknowledged there is a bush fire risk along Keenan Road. This risk, however, is no greater than any other threat in other estate of that age in the urban rural area.

I would identify that the biggest fire risk in that area will be from the west. A fire burning through bushland from this direction would impact any road extension in the first instance and existing road infrastructure would be best route to escape in this event. This would apply to both sides of Keenan Road, whereby an evacuation along Eleven Mile Beach Road or Collier Road would be the safest option.

It has long been the view of the Dept of Fire and Emergency Services (DFES) and the Shire of Esperance, via the Bush Fire Brigades, that people choosing to live in these areas need to exercise an element of bush fire preparedness.

This level of preparedness exists on two levels. Firstly, physically preparing the property and secondly, having a plan in place for actions to be taken in the event of a fire. As part of these plans residents need to be assessing their risks and planning accordingly. If lack of access via Keenan Road is an issue for these residents, it is strongly felt that a plan with a decision for an early self evacuation be included.

In my opinion, having the road connected would be advantageous for fighting fires in the area in the future, however it is not seen as a necessity. 3 fires have been fought in this area over the past 10 years, and lack of access along these roads has not directly impacted the fire fighting effort.

As stated above there would be a number of estates in the shire that only have one constructed entry / exit point and that residents living in such an area need to make plans that reflect their current situation.

Council can consider the following options -

Option 1 – Do nothing – this would involve not undertaking any works on Keenan Road and advising the instigator of the petition that Council advises residents living in the Keenan Road area that they need to exercise a level of preparedness that is appropriate for their current situation.

Option 2 – Build an access track ($18,000) - this would involve the construction of approximately 1600m of 5m wide gravel / limestone track, the relocation of one stay wire from a Horizon Power pole and minor fencing relocation. This cost is based on not requiring a power pole to be removed, assuming appropriate road building material is in close vicinity and that no sand hills would be removed. This would only be for emergency use and not for extended use.

This option would not be recommended by officers due to the fact that once constructed the connection would likely attract more through traffic and as the track essentially involves the placement of material over the existing ground it would not hold up to sustained usage.

Option 3 – Build a road ($105,000) – this would be built as a constructed road (1600m x 8m) to current design and construction practices. This price does not include any cost for road rehabilitation of the existing Keenan Road if damage occurs while carting road building material on it.

At this stage officers would recommend that any consideration for the linking of Keenan Road would be considered as part of the budget deliberations where it would be considered and prioritised as part of the roads budget.

Consultation

Internal

Community Emergency Services Co-ordinator

Pink Lake Urban Rural Bush Fire Brigade

Financial Implications

Funding for this request should be considered as part of the prioritised roads budget where all requests and requirements for the 2013/14 financial year will be considered.

Asset Management Implications

Any construction of the link will involve an increase in the length of road maintained by the Shire of Esperance and therefore an increase in maintenance costs.

Statutory Implications

Nil

Policy Implications

Building the Keenan Road link purely as a response to a subdivision with a single exit / entry road may set a precedent in regards to a number of subdivisions in a similar situation to Keenan Road north residents. Further request may be received for secondary escape routes from residents in a similar situation.

The Shire of Esperance should be advising residents that people choosing to live in these areas need to exercise an element of bush fire preparedness.

Strategic Implications

Strategic Community Plan 2012-2022

Theme – Social – Our community, neighbourhoods, recreation and culture

1.5 Create and maintain a safe environment for the community

Theme Economic – Our environment, infrastructure, systems and services

3.2 Ensure essential services and infrastructure are aligned to community needs now and into the future.

Environmental Considerations

Nil

Attachments

a View.	Keenan Road Petition
b View.	Letter - Pink Lake Urban Rural Bush Fire Brigade

Officer’s Recommendation

That Council advise the petition instigator that –

1. The request for linking the two sections of Keenan Road (Option 3 – Constructed Road) will be considered during budget deliberations where it will be prioritised and considered against all road requirements

2. Residents who live in the Keenan Road north area will be advised that they should have individual plans in place for bush fire events that take into consideration physically preparing the property and secondly, for actions to be taken in the event of a fire. As part of these plans residents need to be assessing their risks and planning accordingly. If lack of access via Keenan Road is an issue for these residents, it is strongly felt that a plan with a decision for an early self evacuation be included.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 160

Item: 12.2.4

Appointment of Fire Control Officers

Author/s	Mel Ammon	Community Emergency Services Coordinator
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F13/66

Applicant

Bush Fire Advisory Committee

Location/Address

Shire of Esperance

Executive Summary

That Council endorse the appointment of the Senior Fire Control Officers for the 2013/14 fire season.

Recommendation in Brief

That Council authorise the following appointments in accordance with the Bush Fires Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

Chief Bush Fire Control Officer – Tom Brown

Deputy Chief Bush Fire Control Officer – Ashley Stewart

Senior Bush Fire Control Officer West Zone – Brian Welke

Senior Bush Fire Control Officer West Coast Zone – Kingsley Scott

Senior Bush Fire Control Officer East Zone – Gavin Egan

Senior Bush Fire Control Officer East Coast Zone – Andrew Middleton

Senior Bush Fire Control Officer North Zone – Ross Doney

Senior Bush Fire Control Officer Urban Rural Zone – Tom Parkins

Deputy Bush Fire Control Officer West Zone – Will Carmody

Deputy Bush Fire Control Officer West Coast Zone – Andrew McDonald

Deputy Bush Fire Control Officer East Zone – Peter Harkness

Deputy Bush Fire Control Officer East Coast Zone – Anthony McDonald

Deputy Bush Fire Control Officer North Zone – Rory Graham

Deputy Bush Fire Control Officer Urban Rural Zone – Peter Rowe

Background

The Shire of Esperance provides a structure within the Bush Fire community in accordance with the Bush Fires Act 1954. The Committee appoints a Chief Bush Fire Control Officer, a Deputy Chief Bush Fire Control Officer, a Senior Fire Control Officer and a Deputy Senior Fire Control Officer for each of the Fire Zones within the Shire. These positions are declared vacant at the Annual General Meeting and nominations are held.

Officer’s Comment

All nominees have been undertaking these roles, in a volunteer capacity for many years. In 2008, Deputy roles were established to provide a mentoring capacity for Officers in the Seniors role to groom Deputies into the role and provide a succession plan.

Andrew Middleton moves into the Senior role for the East Coast Zone this year on the retirement of Andrew Leiper, who has undertaken the role for 12 years.

Each of these Officers have the training, experience and capacity to fulfil theses leadership roles.

Consultation

As nominated by the Bush Fire Advisory Committee

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Bush Fire Act 1954

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.4 Encourage and support volunteer and community groups

1.5 Create and maintain a safe environment for the community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council authorise the following appointments in accordance with the Bush Fires Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

Chief Bush Fire Control Officer – Tom Brown

Deputy Chief Bush Fire Control Officer – Ashley Stewart

Senior Bush Fire Control Officer West Zone – Brian Welke

Senior Bush Fire Control Officer West Coast Zone – Kingsley Scott

Senior Bush Fire Control Officer East Zone – Gavin Egan

Senior Bush Fire Control Officer East Coast Zone – Andrew Middleton

Senior Bush Fire Control Officer North Zone – Ross Doney

Senior Bush Fire Control Officer Urban Rural Zone – Tom Parkins

Deputy Bush Fire Control Officer West Zone – Will Carmody

Deputy Bush Fire Control Officer West Coast Zone – Andrew McDonald

Deputy Bush Fire Control Officer East Zone – Peter Harkness

Deputy Bush Fire Control Officer East Coast Zone – Anthony McDonald

Deputy Bush Fire Control Officer North Zone – Rory Graham

Deputy Bush Fire Control Officer Urban Rural Zone – Peter Rowe

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 162

Item: 12.1.5

Local Disposal of Fire Appliances

Author/s	Mel Ammon	Community Emergency Services Coordinator
Authorisor/s	Gavin Harris	Director Engineering Services

File Ref: F13/79

Applicant

Bush Fire Brigades

Location/Address

N/A

Executive Summary

To seek endorsement from Council for Bush Fire Brigades to dispose of local fire trucks within the local Brigade

Recommendation in Brief

That Council approve a trial procedure by disposing of the five existing fire trucks locally as per the current procedure, with a review to be undertaken at the next Bush Fire Advisory Committee.

Background

The Shire of Esperance Bush Fire fleet consists of 32 fire fighting vehicles. Many of the existing vehicles were funded by Brigades prior to the Emergency Services Levy (ESL) being introduced in 2003.

In 2011, the Dept of Fire and Emergency Services (DFES) advised that 16 vehicles within the Esperance fleet would be replaced. The DFES process for vehicle replacement is that once replacement vehicles are received, the old vehicles are sent to Perth for disposal at auction woth proceeds returned into the ESL.

Local Brigades have requested that old trucks be disposed of locally. This would allow vehicles to be purchased privately by members within Brigades resulting in the trucks remaining in the area for future fire fighting.

A Resource to Risk document has been completed for the Shire of Esperance, this document identified that in many cases, additional resources for larger Brigade areas would be beneficial. While these vehicles would be privately owned and maintained, the availability at an incident would remain and would provide a valuable additional resource. The replaced vehicles, whilst aging, have been maintained to a high standard while being used by Brigades and are in good condition.

DFES state when disposing of the vehicles locally, they must be sold decommissioned, meaning all emergency markings i.e. lights, sirens, decals and radios are to be removed and deregistered. DFES will not sell the vehicle to a private owner. The sale must be made to the Shire and the Shire on sell to the private owner.

The procedure for the local disposal of these appliances has been developed over 18 months in extensive consultation with Brigades, Senior Fire Control Officers and the Bush Fire Advisory Committee. All discussions and recommendations have been made ensuring the greatest benefit is for the community.

The Bush Fire Advisory Committee held a meeting on 9^th April 2013 and passed the following recommendation:

“That Council approve the disposal of replaced fire trucks for sale by local tender within local Brigade. Should there be no interest, the tender would be offered within the fire brigade community Shire wide. If no interest is shown after this time, the vehicle will be returned to Perth. The reserve price will be set at the price of cost recovery. Surplus funds will be held by the Shire with a view to purchasing water tanks to be strategically placed around the Shire, in the shortest possible time frame.”

Officer’s Comment

DFES have advised 16 vehicles will be replaced with the Esperance fleet over the next two years with four of these vehicles have already been received, as well as three previously allocated through the ESL, resulting in seven vehicles currently needing to be disposed of through the local disposal process.

It has been identified that two of these vehicles are in a condition that does not warrant their retention within the district locally and as such will be transported to Perth for DFES to sell at auction. The five other vehicles are in good order and have received a good level of interest from Brigade members for purchase.

A procedure has been developed including a selection assessment for local disposal and has been tabled with the Committee. Both of these documents provide guidance on how best to undertake the local disposal process.

The local disposal process will be undertaken by offering the vehicles for sale to the local Brigade in the first instance. If no interest is shown by the Brigade, the information will be provided to the wider Esperance bush fire community. If a buyer is still not identified, the vehicle will be sent to Perth for DFES to dispose of.

It is envisaged that most disposal prices, which will be set by DFES, will be significantly lower than $20,000 and will allow for disposal by sale rather than tender or auction. There will also be an additional fee included to cover the cost of administering the decommissioning and sale process of the vehicle.

Whilst an extensive consultation process has been undertaken to date, this is a unique circumstance with no precedence. As such, some unforseen anomalies may arise. With twelve vehicles still to be delivered, a trial, disposing of the initial five vehicles utilising these procedures with a review for future reporting and adjustment is recommended.

It is unknown if this process will result in additional funding or how much it may raise. As such, a determination on usage of surplus funding can be made at a later stage, with monies being held by the Shire in the short term, until a clearer indication of additional funding can be established.

Consultation

Dept Fire and Emergency Services

Bush Fire Advisory Committee

Financial Implications

This process will involve the full recovery of costs being made up of vehicle value (provided by DFES) plus decommissioning costs and administration expenses ($1000.00).

Application to purchase the vehicle from DFES will not be made should a buyer not be identified.

Asset Management Implications

As one vehicle is decommissioned a new vehicle will be commissioned.

Statutory Implications

Local Government Act 1995 - Section 3.58

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.5 Create and maintain a safe environment for the community

Environmental Considerations

Nil

Attachments

a View.

Procedure - Local Disposal

Officer’s Recommendation

That Council approve a trial procedure by disposing of the five existing fire trucks locally as per the current procedure, with a review to be undertaken at the next Bush Fire Advisory Committee and report back to Council on the process.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 165

PROCEDURE	Local Disposal of Replaced Fire Appliances
EFFECTIVE DATE	9^th April 2013
PERFORMED BY	Emergency Services Co-ordinator (ESC) Local Bush Fire Brigade (BFB)
FREQUENCY	As required
RELATED DOCUMENTATION	FESA Document – “Disposal of Replaced Emergency Service Vehicles – Direct Purchase Guidelines”
DATE TO BE REVIEWED	April 2015
RESPONSIBILE OFFICER	Mel Ammon

PROCEDURE:

1. ESC will receive advice of new vehicle and communicate with BFB.

2. BFB to establish whether members would look to purchase replaced vehicle.

· NOTE:

Ø Approval to purchase the replaced vehicle will be entirely at the discretion of FESA.

Ø The vehicle will be sold unregistered and decommissioned. All sirens, beacons, radios, decals and stowage will be removed.

3. a) if no interest is shown to purchase the vehicle by any of the BFB members, the vehicle will be transported to FESA for disposal at auction.

b) if local disposal is requested, a letter from the Brigade (proforma available from ESC) to FESA is to be sent with a “Request to Retain an ESL Replaced Appliance/Vehicle” form is to be completed by ESC and forwarded to FESA Regional Office for further consideration along with photos and registration papers for the vehicle.

4. If FESA agree to dispose of the appliance locally, a market value purchase price will be provided to ESC. If the market value of the appliance is greater than $20,000, local disposal of the vehicle will not proceed. Prospective purchasers will need to follow the vehicle through the auction process with Manhiem Fowles. ESC to advise BFB.

5. BFB to convene meeting to discuss truck purchase among BFB members. At this meeting, an agreement to be made among BFB to identify a purchaser and the value (not to be less than market value figure provided by FESA and not greater than $20,000) to be paid for the appliance. This information is to be minuted and provided to ESC.

6. ESC to confirm with purchaser details of sale and ensure understanding of Terms and Conditions of purchase. ESC to confirm intention to proceed with purchase with FESA Regional Office.

7. Documentation to be forwarded by FESA and signed off by Shire CEO and returned to Regional Office. Vehicle ownership is to be transferred to the Shire of Esperance. FESA will forward an invoice to the Shire of Esperance for purchase price.

8. FESA to arrange deregistering and decommissioning of vehicle.

9. ESC to liaise with purchaser for payment and delivery of the appliance.

12.3 Corporate Services

Item: 12.3.1

Differential Rating for the 2013/14 Financial Year

Author/s	Shane Burge	Director Corporate Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F13/313

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider implementing a differential rate for land that is used predominately for mining purposes.

Recommendation in Brief

That Council-

1. Introduce a Differential Rate, as allowed under the Local Government Act 1995, Section 6.35 on properties that are used predominately for mining purposes as follows-

(i) 10.2000 cents in the dollar

(ii) $427.50 minimum rate per assessment

2. Authorise the Chief Executive Officer to seek Ministerial approval of the differential rate.

3. Authorise the Chief Executive Officer to advertise the differential rate in accordance with the Local Government Act 1995, Section 6.36.

Background

In preparation for the implementation of the 2013/14 Budget there is a requirement under the Local Government Act 1995 that if the Shire is intending on implementing a differential rate that it gives local public notice of its intention to do so.

Previously Council has not implemented any differential rates within the Shire.

Officer’s Comment

An analysis of the UV category has highlighted an unusual situation, as at the 2012/13 budget adoption, all mining properties were calculated to be on a minimum rate. This is due to the high valuation of farming properties which dominates the UV Category has caused the rate in the dollar for the UV category to be reduced to ensure farming properties are not paying excessive rates, but has meant that the rate in the dollar is not high enough for any of the mining properties to have any rate payment that is higher than a minimum rate. This is no more evident when you compare the average valuation of rural properties compared to mining properties. The average valuation for a rural property is $716,883 whereas the average valuation for a mining property is $14,903.

The Act allows for differential rates to be applied to overcome an issue where the land use within the rating category is completely different and therefore valuations are significantly different. To ensure equity with the rating system a number of local governments have introduced a differential rate for properties that are used predominantly for mining purposes within the UV category.

Based upon the latest roll information for mining properties some rates modelling has been done to determine an appropriate rate in the dollar and the effect that it would have upon individual properties. This has been based upon the minimum rate to increase to $855 and complying with the Local Government Act that not less than half of the properties are on minimum rates. The rate in the dollar that would need to be charged is 10.2000 cents in the dollar.

Rate Type	No. Properties	Min Rate	Rate in $	Valuation	Yield $
UV Mining	72	$855	10.2000	1,794,302	$183,019
UV Mining Minimum	74	$855	10.2000	210,788	$63,270
	146			2,005,090	$246,289

Below is a comparison of other local governments who currently utilise a differential rate for properties used predominately for mining purposes. The table is based upon 2012/13 adopted rates.

Shire	Rate in Dollar	Minimum Rate
Broome	12.5678	$740.00
Carnarvon	11.5000	$350.00
Coolgardie	16.9600	$353.00
Coorow	11.9990	$600.00
Dundas	11.6904	$305.00
Exmouth	13.5000	$200.00
Geraldton	22.7136	$345.00
Irwin	15.0000	$782.00
Kalgoorlie-Boulder	15.6500	$330.00
Laverton	12.8672	$250.00
Wiluna	13.0000	$285.00

Data Source: WA Local Government Rates Comparison 2012-13 UHY Haines Norton

A number of local governments, as provided above charge a lower minimum rate to continue to encourage exploration. The Shire of Esperance currently charges a lesser minimum for vacant properties that are un-serviced eg. Development Area 3. The lesser minimum has traditionally been 50% of the minimum rate.

To continue to encourage mining exploration it is recommended to charge a lesser minimum of $427.50 along with a mining differential rate of 10.2 cents in the dollar. The lesser minimum rate does not have a significant effect on the total rates yield for the mining category whilst encouraging continued exploration that could have a significant long term benefit for the region.

The table below identifies the rating with a differential rate in the dollar of 10.2 cents and a lesser minimum of $427.50.

Rate Type	No. Properties	Min Rate	Rate in $	Valuation	Yield $
UV Mining	92	$427.50	10.2000	1,918,634	$195,701
UV Mining Minimum	54	$427.50	10.2000	86,456	$23,085
	146			2,005,090	$218,786

Consultation

No community consultation has been undertaken in relation to this report. Statutory consultation is required by Section 6.36 of the Local Government Act 1995 if the recommendation is adopted. The proposed differential rate will also need be referred to the Department of Local Government for ratification by the Minister.

Financial Implications

By imposing a differential rate it is estimated to generate approximately $100,000 more than if all the properties continued to be minimum rated.

Asset Management Implications

Nil

Statutory Implications

Section 6.33 and 6.36 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council-

1. Introduce a Differential Rate, as allowed under the Local Government Act 1995, Section 6.35 on properties that are used predominately for mining purposes as follows-

(iii) 10.2000 cents in the dollar

(iv) $427.50 minimum rate per assessment

2. Authorise the Chief Executive Officer to seek Ministerial approval of the differential rate.

3. Authorise the Chief Executive Officer to advertise the differential rate in accordance with the Local Government Act 1995, Section 6.36.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 May 2013 Page 170

Item: 12.3.2

Schedule of Fees and Charges 2013/2014

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F12/337

Applicant

Corporate Services

Location/Address

Internal

Executive Summary

To present the draft Schedule of Fees and Charges for 2013/2014 for consideration and inclusion within the 2013/2014 draft budget as required by the Local Government Act 1995.

Recommendation in Brief

That Council

1. Adopt the Schedule of Fees and Charges effective from 1 July 2013 as tabled.

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

Background

Similar to previous years a draft copy of the Fees and Charges is presented to Council prior to draft budget day for review and consideration.

The Fees and Charges as presented are the current figures used to determine the draft 2013/2014 budget. Fees and Charges that are new or have been varied since the 2012/2013 budget have an indicator for easy identification.

Officer’s Comment

Some fees are set by regulatory bodies such as the Builders Registration Board; by other regulations and acts; and others are included within leases, licenses or agreements which have a base fee established and then adjusted annually by the CPI or other agreed formula.

The Schedule of Fees and Charges document contains a column named Statutory Fee Indicator. This identifies if the fee is set by a regulatory body.

Similar to last year a Pricing Policy has been included at the front of the Schedule of Fees and Charges. It outlines the Pricing Principles used as a guide to determine the fees and charges each year. Applying the principles of this policy has seen sizable recommended increases in some fees, in recent years, where it is deemed to be of a “Private Benefit” and therefore 100% recovery should be aimed for.

Waste charges for the 2013/2014 have not been included. These charges will be addressed at a workshop with Council during June.

Consultation

Internal consultation with each Department was undertaken in relation to this item.

Financial Implications

Fees and Charges constitute approximately $6.4m or 22% of the Shire’s operating revenue per year.

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 but these may be imposed during a financial year and amended from time to time. Absolute Majority required.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 4: Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.

Environmental Considerations

Nil

Attachments

Schedule of Fees and Charges 2013/2014 - Under Separate Cover

Officer’s Recommendation

That Council

1. Adopt the Schedule of Fees and Charges effective from 1 July 2013 as tabled

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

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 May 2013 Page 172

Item: 12.3.3

Rates Concession- Myrup Fly-in Estate

Author/s	Shane Burge	Director Corporate Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F12/3913

Applicant

Mr Noel Willing

Location/Address

Survey Strata Plan 60076

Executive Summary

For Council to consider a request from Myrup Fly-in Estate to grant a 50% concession on rates for properties within the Myrup Fly-in Estate.

Recommendation in Brief

That Council deny the request to grant a rate concession on lots 1-10, 12-14 and 16 of the Myrup Fly-in Estate Survey Strata Plan 60076.

Background

The subdivision of the Myrup Fly-in Estate came into effect on the 1^st November 2012. A total of 43 lots were created for the purpose of providing various lots for aircraft enthusiast to house aircraft or a combination of hanger or residential accommodation. The subdivision was created around the existing private gravel airstrip.

The creation of the additional lots within the subdivision has therefore created lots that are now subject to individual rates. The properties were subdivided from a property that is currently rated utilising Unimproved Values (UV). The newly created individual lots have since been allocated a UV and interim rates levied according to the Local Government Act 1995.

The Chairperson of the Myrup Fly-in Estate have since written to Council (copy attached) requesting a 50% concession to the minimum rate for 14 of the lots that are only suitable for housing one aircraft.

Officer’s Comment

Due to the small size of the lots, the valuation of each lot is low in comparison to other UV properties within the Shire. The calculation of the rates for each lot has resulted in each lot falling under the minimum rate and therefore being charged the full minimum rate.

The request by the Fly-in Estate has placed a number of arguments around why the 14 lots should be granted a minimum concession. Staff have placed comments around each of the points that have been raised in the request.

Point Raised	Response
Valuation is approx $9,000 for most properties causing a huge inequity compared to minimum rate.	Minimum rates are imposed so every property within the Shire contributes a reasonable amount to the costs of providing services to the community.
Flying is essentially a sport for people and the minimum rate is an impost against their sport.	The properties are strata properties that the owner is entitled to buy and sell.
People who own or rent these properties already pay rates on their properties in Esperance.	All properties in Esperance pay rates regardless of ownership or the number of properties an individual owns.
The Shire has no expenses in maintenance of grounds, roads, taxiways and runways as these have been provided by the developer.	It is common that a developer provides infrastructure at the time of development. Rates are not a fee for service but rather a tax on the land

Apart from the un-serviced lots in Development Area 3 where there has traditionally been a 50% concession offered to the minimum rates, all other properties within the Shire pay at least a minimum rate.

The developer at the time of subdivision would have known that creating individual strata lots would attract a minimum rate for each property.

There are two options in relation to this request-

1. Council agree that the 14 lots within the Fly-in Estate are of sufficient size, value and use to warrant a 50% concession on the minimum rate.

2. Council consider that the properties should be considered consistent with other strata properties within the Shire and regardless of value and size should contribute an equal amount.

Consultation

A meeting was held between the Chairperson of the Myrup Fly-in Estate, Director of Corporate Services and the Senior Rates Officer.

Financial Implications

If Council was to grant a 50% concession on the 14 lots, the foregone income of providing this based upon the existing minimum rates of $795 per assessment would be $5,565 per annum.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 Section 6.47

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.

Environmental Considerations

Nil

Attachments

a View.

Myrup Fly-In Estate Rates Concession Request

Officer’s Recommendation

That Council deny the request to grant a rate concession on lots 1-10, 12-14 and 16 of the Myrup Fly-in Estate Survey Strata Plan 60076.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 178

Item: 12.3.4

Esperance Bay Turf Club Request to Sub-lease

Author/s	Jennifer Parry	Manager Administration Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F13/450

Applicant

Esperance Bay Turf Club Incorporated

Location/Address

Lot 202 Fisheries Road, Bandy Creek

Executive Summary

For Council to consider allowing Esperance Bay Turf Club to sub-lease 60 m² of their existing leased property.

Recommendation in Brief

That Council permit Esperance Bay Turf Club to sublet 60m² of their existing leased property, being Lot 202 on Deposited Plan 39677 Volume 2565 Folio 243 subject to; Town Planning approval obtained; NBN Co Limited reimburse the Shire of Esperance all legal costs involved in this matter; and details of the proposed agreement and sub-lease being approved by Council.

Background

Lot 202 on Plan 39677 is owned by the Shire of Esperance (SoE). The property was leased to Esperance Bay Turf Club (EBTC) on 1 July 1980 for a period of 21 years for a peppercorn rent. A new 21 year lease commenced 1 July 2002, expiring 30 June 2023 for the rent of $1.00 per annum, payable on demand.

Clause 9.1 of the current lease agreement prohibits assignment, subletting and mortgaging without the consent of the Lessor (SoE) and may in its absolute discretion refuse without assigning any reason. Clause 9.1 also states that the provisions of Sections 80 (Consent to assign or sublet not to be unreasonably withheld) and 82 (Certain assignments not to be deemed a breach) of the Property Law Act 1969 do not apply to this lease.

Officer’s Comment

EBTC propose to sublet the indicated 5m x 12m (60m²)portion of landto the National Broadband Network (NBN). Should Council grant this request, details of the proposed sub-lease would be required to be presented to Council for approval prior to a planning application being submitted to the Shire.

Preliminary details of the sub-lease indicate that NBN are prepared to enter into a long term lease agreement of the proposed installation for rent of $8,000.00 per annum with an annual rent uplift of 2.5% per annum for a lease period of 20 years. EBTC have agreed that the funds are to be paid into the existing EBTC trust fund which is held by the Shire.

It is expected that legal assistance will be required to formalise the agreement between the three parties concerned; the Shire, EBTC & NBN.

Consultation

Shire of Esperance Town Planning

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Section 3.58 of the Local Government Act 1995 and Regulation 30 of the Local Government (Functions and General) Regulations control the ways in which a Local Government can dispose of property. A lease is a disposition of property.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council permit Esperance Bay Turf Club to sublet 60m² of their existing leased property, being Lot 202 on Deposited Plan 39677 Volume 2565 Folio 243 subject to the following;

1) Planning approval being obtained;

2) NBN Co Limited reimburse the Shire of Esperance all legal costs involved in this matter;

3) Details of the proposed agreement and sub-lease being approved by Council.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 181

Item: 12.3.5

Lease - Salmon Gums Gun Club

Author/s	Jennifer Parry	Manager Administration Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F13/484

Applicant

Salmon Gums Gun Club

Location/Address

Reserve 27786; Lot 121 on Plan 218030, Salmon Gums East Road, Salmon Gums

Executive Summary

For Council to consider allowing Salmon Gums Gun Club to lease Reserve 27786, subject to the approval of the Minister for Lands.

Recommendation in Brief

That Council, subject to the approval of the Minister of Lands, agrees to lease to the Salmon Gums Gun Club Reserve 27786 for a period of 5 years with an option for another 5 years.

Background

Reserve 27786 was transferred to the Shire of Esperance from the Shire of Dundas in 1989, Salmon Gums Gun Club were already using the land for club recreational purposes and had been doing so for several years.

The Shire of Esperance has had a Management Order for the purpose of Recreation, but no power to lease; consequently there was no previous lease in place.

The Shire applied to the Minister for Lands for Power to Lease, which has been recently granted.

Officer’s Comment

Salmon Gums Gun Club has several minor buildings/sheds on the land, of which the Shire accepts no responsibility for. The lease will be for land only with the Club responsible for all outgoings, maintenance, operational and cleaning expenses.

Consultation

Shire of Esperance Development Services

State Land Services

Financial Implications

There are minimal financial implications subject to the lease being drawn up in a manner that clearly identifies the lease as ‘land only’, with the Shire having no responsibility for the buildings.

Asset Management Implications

There are minimal asset management implications subject to the lease being drawn up in a manner that clearly identifies the lease as ‘land only’, with the Shire having no responsibility for the buildings.

Statutory Implications

Section 3.58 of the Local Government Act 1995 deals with the disposal of property and methods that can be used for its disposal; although the Functions and General Regulations exempt this disposal from Section 3.58 of the Local Government Act 1995.

Local Government (Functions and General) Regulations 1996

30. Dispositions of property excluded from Act s. 3.58

(1) A disposition that is described in this regulation as an exempt disposition is excluded from the application of section 3.58 of the Act.

(2)(b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

Policy Implications

This item relates to Council Policy CORP 004 for Building and Property Leases.

The Building and Property Lease Policy determines property classifications that can be applied to all Council’s property providing for consistency in leased documentation and equity in terms and conditions within the various property classifications. This policy also aims to clarify the role and responsibilities between the Lessor (Shire) and Lessee on matters relating to cleaning, internal and external property maintenance.

The applicable classification for this item is:

Specific Sports Facilities

· Development of facilities by Shire or Club on Council land often with capital cost shared between Shire, Department of Sport and Recreation, and Club or any combination of this mix of funding.

· Exclusive use of the premises for a specific sport

· All maintenance, operational and cleaning expenses at the lessee cost

· All outgoings (consumable charges) are recouped or charged direct to the Club

· Major repairs, reconstruction/refurbishment to be detailed within lease or licence document

· The provision of bar facilities should not be used to differentiate lease fees in this classification

· Council approval required prior to any sub-letting of the premises

· Groups, Clubs and Organisations would be encouraged to submit applications via the Community Development Fund Grants process when requesting Council’s financial assistance.

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.5 Maintain the Shire’s robust asset management practices and maintenance program

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council subject to the approval of the Minister of Lands, agrees to lease to the Salmon Gums Gun Club (Inc) Reserve 27786 being Lot 121 Salmon Gums Ease Road, Salmon Gums, subject to the following:

1) The term of the lease to be 5 years with a 5 year option;

2) The lease rental to be $1.00 as and when demanded;

3) The lease area is to be Reserve 27786 as defined in the lease and displayed clearly in the lease document;

4) The use of the property to be for Gun Club and associated recreational use; and

5) That all lease terms and conditions be as the Shire Standard Lease for Sporting and Community Groups.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 184

12.3 Community Services

Item: 12.4.1

Community Heritage Committee Adoption of Recommendations - Deformalisation of Committee

Author/s	Rod Hilton	Director Community Services
Authorisor/s	Rod Hilton	Director Community Services
	Matthew Scott	Chief Executive Officer

File Ref: OAC.3.15

Applicant

Community Heritage Committee

Location/Address

Internal

Executive Summary

The Community Heritage Committee has supported a staff recommendation to disband as an Advisory Committee to Council and to reform as a Working Party to provide guidance to Council on local heritage matters.

Recommendation in Brief

That Council:

1) Disbands the Community Heritage Committee, and

2) Forms a Working Party comprising – Cr Heasman as presiding member, Cr Brown as deputy presiding member, the president of the Esperance Bay Historical Society (currently John Guest), the curator of the Esperance Museum (currently Wendy Plunkett), the Regional Manager of the Dept. Environment and Conservation (currently Robert Blok), the Shire of Esperance Manager Planning Services (currently Peter Stanley) and Manager Library and Culture (currently Jayne Arnold), the president of Tourism Esperance (currently Cindy Poole), James Schultz representing the Esperance Nyungar Aboriginal Corporation (traditional land owners), Rose Riley, John Bridges, and David Ford (interested community members) to meet as and when required by Council.

Background

On November 20^th 2012 staff provided a report to the All Purpose Committee proposing amendments to the Terms of Reference of the Community Heritage Committee. In this report staff provided the option of de-formalising the committee from an Advisory Committee under the provisions of the Local Government Act to a Working Party as a means of reducing the administrative burden on staff and to allow flexibility in membership and functionality. Council subsequently resolved to lay the item on the table (Res. O1112-095) pending further discussion with the committee members.

Officer’s Comment

De-formalisation of the Community Heritage Committee was tabled in a report to the Community Heritage Committee on the 12^th March 2013. The committee resolved to support disbanding the committee and reforming as a Working Party. In supporting the formation of a Working Party the members advised the requirement for the purpose, role and objectives of the Working Party to be established.

The current Terms of Reference suggest the objectives of the Heritage Committee are:

1. To coordinate and unite existing Esperance heritage and heritage stakeholder groups to

lobby for funding resources.

2. To explore avenues to attract appropriate expertise to identify heritage buildings,

places, and sites, within the Shire of Esperance and for making submissions for their

preservation, conservation and restoration as deemed appropriate by the committee.

3. To promote and publicise understanding and recognition of local heritage values and

of persons and groups whom have contributed to the development of the region.

4. To undertake research to identify heritage buildings, places and sites, within the Shire

of Esperance that require preservation, conservation and restoration.

5. In conjunction with relevant stakeholders, to develop management plans for the future

of heritage buildings, places and sites within the Shire of Esperance.

6. To maintain and update Council’s Municipal Heritage Inventory.

It is suggested that these Terms of Reference are too broad and beyond the capacity of the Working Party without additional resources being provided by Council. It is proposed that the Working Party should be established as a reference group to which the Council may, from time to time, refer matters related to community heritage for investigation, research, comment and/or guidance.

Consultation

This item was discussed at the Community Heritage Committee meeting held 12^th March 2013.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are contained within the Local Government Act 1995 Sec. 5.11 (1) (c) Tenure of Committee Memberships

Policy Implications

The policy implications arising from this report are to be found in the Policy Manual EXEC 001 Council Committee Terms of Reference and in the Local Government Operational Guideline No. 05 regarding Council forums.

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of shire operations, services, staff and resources to create a resilient and financially stable shire.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

1. Disbands the Community Heritage Committee;

2. Forms a Heritage Working Party as a reference group to which the Council may, from time to time, refer matters related to community heritage for investigation, research, comment and/or guidance; and

3. Appoints the following persons as members of the Heritage Working Party:

a) Shire President as presiding member, (Shire Vice President as deputy presiding member),

b) President of the Esperance Bay Historical Society

c) Curator of the Esperance Museum

d) Regional Manager of the Dept. Environment and Conservation

e) Shire of Esperance Manager Planning Services

f) Manager Library and Culture

g) President of Tourism Esperance

h) A representative of the Esperance Nyungar Aboriginal Corporation (traditional land owners),

i) Interested Community Members as invited from time to time

Voting Requirement Absolute Majority

Item: 12.4.2

Amendment to Terms of Reference Esperance Museum Management Committee

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

File Ref: F12/440

Applicant

Community Services

Location/Address

Internal

Executive Summary

This report recommends an alteration to the Terms of Reference for the Esperance Museum Management Committee to correctly reflect the requirements stated in the Museums Act 1969, with regards to Museums operated by Local Government Authorities.

Recommendation in Brief

That Council endorse the following amendment to the Terms of Reference for the Esperance Museum Management Committee, to read:

The committee will comprise of:

1. One Elected Member

2. Esperance Municipal Museum Curator

3. Esperance Municipal Museum Archivist

4. Esperance Bay Historical Society: 4 representatives

5. Esperance Mechanical Restoration Group: 1 representative

6. Esperance Family History Group: 1 representative

7. WA Museums Representative

8. Education Department Representative

Background

Upon review of this committee structure it has been identified that the Terms of Reference are not in accordance with Museums Act 1969, specifically Part IV – Branches and Recognised Museums, Section 37 Local government museums, section (3) it states:

The museum is or will be governed by a committee comprising, among others, the Director or his deputy and a person appointed by the chief executive officer of the department referred to in section 228 of the School Education Act 1999.

Currently the Terms of Reference do not state the requirement for a WA Museum Representative or Education Department Representative to be part of the committee. To bring this committee in line with the requirements of the Museum Act, an amendment to the terms of reference is required.

Officer’s Comment

To bring this committee in line with the requirements of the Museum Act it is proposed to amend the Terms of Reference to include a WA Museums Representative and an Education Department Representative and to replace the Esperance Genealogical Society with the Esperance Family History Group.

The current Terms of Reference state: The Committee will comprise

1. One elected member

2. Archivist

3. Esperance Municipal Museum Curator

4. Esperance Bay Historical Society (x 4)

5. Esperance Mechanical Restoration Society

6. Esperance Genealogical Society

Consultation

Amendments to the Terms of Reference were discussed by the Museum Management Committee at its April 3^rd meeting.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 Section 5.10 Appointment of committee members

Museums Act 1969 Section 37(3)(b) Museum governing committee composition

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 4: Civic Leadership

Goal: Governance structures that ensure accountable, transparent and ethical decision making.

Environmental Considerations

Nil

Attachments

a View.

Terms of Reference Esperance Museum Management Committee

Officer’s Recommendation

That Council endorse the following amendment to the Terms of Reference for the Esperance Museum Management Committee, to read:

The committee will comprise representatives of:

1. One Elected Member

2. Esperance Municipal Museum Curator

3. Esperance Municipal Museum Archivist

4. Esperance Bay Historical Society: 4 representatives

5. Esperance Mechanical Restoration Group: 1 representative

6. Esperance Family History Group: 1 representative

7. WA Museums Representative

8. Education Department Representative

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 May 2013 Page 191

Item: 12.4.3

Appointment of Committee Members - Museum Mangement Committee

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

File Ref: F12/440

Applicant

Community Services

Location/Address

Esperance Museum Management Committee

Executive Summary

This report recommends amendments to the membership of the Museum Management Committee due to changes to the Terms of Reference and committee resignations.

Recommendation in Brief

That Merv Andre, Dorothy Andre and Graham Haig be retired from the Museum Management Committee and the following persons appointed:

· John Guest, Anne Blakley, Brendan Freeman and Joe Rose (Esperance Bay Historical Society)

· Tom Reimers (Esperance Mechanical Restoration Group)

· Carolyn Middleton (Esperance Family History Group)

· Sarah Day (Education Department Representative)

Background

The Museum Management Committee was advised at its 6^th February meeting that the Esperance Bay Historical Society, at its Annual General Meeting, has nominated new representatives to the Museum Management Committee, John Guest, Joe Rose, Anne Blakely to replace Mervyn Andre and Dorothy Andre and to fill one vacancy.

The Mechanical Restoration Society has written to advise that it wishes to replace it’s representative, Graham Haig, with Tom Reimers.

The Director of Education has written to nominate Sarah Day as the Education Department representative on the committee.

WA Museums has been requested to nominate a representative, as required under the Museums Act, however this position remains vacant at the present time.

Officer’s Comment

Council appointed the following members to the Museum Management Committee at the ordinary council meeting held 31st January 2012 (O0112-003).

Cr N. Bowman (Cr V. Brown deputy)

Museum Curator (Wendy Plunkett)

Museum Archivist (Jenifer Ford)

Merv Andre (Historical Society)

Dorothy Andre (Historical Society)

Brendan Freeman (Historical Society)

Graham Haig (Mechanical Restoration Society)

Council is now required to consider amending the membership of the committee.

Consultation

Each nominee has been consulted and has agreed to accept their nominations.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Local Government Act 1995 Section 5.10 Appointment of committee members

Policy Implications

The policy implications arising from this report are contained within the Council Committee Terms of Reference

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process

Environmental Considerations

Nil

Attachments

a View.	Notification Letter - Esperance Bay Historical Society
b View.	Notification Letter - Esperance Mechanical Restoration Group
c View.	Notification Letter - Education Department
d View.	Notification Letter - Family History Group

Officer’s Recommendation

That Council:

1) Retire the following people from the Museum Management Committee

· Merv Andre,

· Dorothy Andre

· Graham Haig

2) Forward expressions of gratitude to the retiring members for their services to the Museum management Committee

3) Appoint the following people as members of the Museum Management Committee:

· John Guest – representative of Esperance Bay Historical Society

· Anne Blakley – representative of Esperance Bay Historical Society

· Joe Rose – representative of Esperance Bay Historical Society

· Tom Reimers – representative of Esperance Mechanical Restoration Group

· Carolyn Middleton – representative of Esperance Family History Group

· Sarah Day – representative for Education Department

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 May 2013 Page 198

12.4 Executive Services

Item: 12.5.1

Workplace Drug and Alcohol Use Policy

Author/s	Lee Anderson	Human Resources Manager
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D12/87

Applicant

Shire of Esperance

Location/Address

Windich Street, Esperance

Executive Summary

To consider the adoption of the revised Workplace Drug and Alcohol Use Policy.

Recommendation in Brief

That Council adopt the revised Workplace Drug and Alcohol Use Policy.

Background

The Shire of Esperance, as an employer, has a duty of care to provide and maintain a working environment that is safe and without risks to health for employees. This responsibility also extends to the Shire’s Councillors, volunteers, visitors and contractors.

The Shire understands that creating and maintaining a safe and healthy working environment is a major part of the Shire’s overall responsibilities. Additionally, all employees have an obligation to ensure the safety and wellbeing of themselves and all other employees.

A recent review of the Shire’s Workplace Drug and Alcohol Use Policy was undertaken to ensure the Policy provides adequate assistance and advice on the management of employees who may be affected by drugs and/or alcohol in the workplace.

Officer’s Comment

The aim of the revised Workplace Drug and Alcohol Use Policy (copy attached) is to ensure a safe workplace free from the effects of drugs and alcohol and that people are fit for work whilst performing duties at the Shire of Esperance.

The Policy is directed towards the welfare of the individual and the safety and health of other people. The revised Policy outlines –

· Responsibilities of all parties concerned

· Threshold levels, ie cut off levels at which drugs or alcohol are deemed to be ‘detected’

· How drug and alcohol testing will be undertaken

· Circumstances for undertaking testing

· Disciplinary action

· Employee Assistance Program

The main focus of the Policy is on preventative measures although the Policy outlines disciplinary action should it be required. The use of drugs or alcohol in the workplace is forbidden and an employee being under the influence of alcohol, drugs or illegal substances is not acceptable.

Consultation

Internal: Chief Executive Officer

Directors

Leadership Group

Financial Implications

To effectively implement the Policy, additional financial resources estimated at $10,000 will be required to be included in the 2013/14 budget.

Asset Management Implications

Nil

Statutory Implications

The statutory implication associated with this item is the Occupational Safety and Health Act 1984.

Policy Implications

The policy implications arising from this report are in adherence and coordination with:

1. Shire of Esperance Strategic Community Plan 2012-2022

2. Shire of Esperance Corporate Business Plan 2013-2017

3. Shire of Esperance Code of Conduct

4. HR010 Occupational Safety and Health Policy

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire

Environmental Considerations

Nil

Attachments

a View.

Workplace Drug and Alcohol Use Policy

Officer’s Recommendation

That Council adopt the revised Workplace Drug and Alcohol Use Policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 200

HR 014: WORKPLACE DRUG & ALCOHOL POLICY

Document Management:

Last Reviewed: July 2009, Corporate & Community Services Meeting; Ordinary Council Meeting

Last Amended: July 2009, Corporate & Community Services Meeting; Ordinary Council Meeting

Key Words: Alcohol; Drug; Workplace

Statute: N/A

Objective

To ensure a safe workplace free from the effects of drugs and alcohol and that people are fit for work whilst performing duties at the Shire of Esperance.

Purpose

This Policy applies to all Shire employees, Councillors, contractors, employees of contractors and volunteers at all workplaces. The aim of this policy is to ensure a safe workplace free from the effects of drugs and alcohol.

The policy is directed towards the welfare of the individual and the safety and health of other people. Although disciplinary action may be necessary, the focus is on preventative measures. The use of drugs or alcohol in the workplace is forbidden. An employee being under the influence of alcohol, drugs or illegal substances is not acceptable.

The Chief Executive Officer may waive this requirement for minor consumption of alcohol where circumstances warrant e.g. during a social event.

Employees are personally responsible for any civil or criminal penalty which results from being under the influence of drugs or alcohol in the workplace.

DEFINITIONS

Term	Definition
Impaired Work Performance	Sudden or gradual deterioration in a persons ability to function appropriately at work.
Unfit for Work	Being impaired for work and therefore unable to perform duties in a safe manner.
Use	Eating, drinking, inhaling, injecting or dermal absorption of any substance or drug.
Misuse	Inappropriate use of a substance on the Shire of Esperance premise or property, including overdose of a drug or the failure to take a drug in accordance with medical advice.
Alcohol	Any beverage containing alcohol.
Drugs	Amphetamines, Cannabinoids THC, Opiates, Barbiturates, Cocaine, methadone, Benzodiazepines, Alcohol and other narcotics, prescription drugs and non-prescription drugs.

Term	Definition
Substance	Any drug that may have adverse effects causing impaired work performance.
Fit for Work	Not being under the influence of or affected by the adverse effects of drugs, alcohol or any other substance, or not being fatigued.
Contractor	A contractor includes any employee or subcontractor of any company who has been engaged by the Shire to perform services.
Volunteer	A Volunteer is a person who performs a service willingly and without pay.
Visitor	For the purpose of this policy any reference to a visitor will include any individual who attends the workplace and is not included in any other category.
Mangers	Includes Managers as well as the Executive Management Team.

CONFIDENTIALITY

All results and information in relation to drug and alcohol testing will be dealt with in the strictest confidence. The privacy and dignity of staff tested as part of this process will be protected.

RESPONSIBILITIES

The Shire of Esperance believes that the health and wellbeing of an employee is of great importance to the organisation. An employee assistance program will be offered in order to support the effected employee.

All matters pertaining to usage of alcohol and drugs will be treated with the utmost confidentiality and any employee of the Shire of Esperance who is interested in receiving counselling services should seek approval from their Manager or Human Resources.

Managers

Managers are responsible for ensuring adoption, implementation and application of the alcohol and drug policy:

· Managers are expected to lead by example as this is essential to the Policy’s success and credibility.

· Managers will provide adequate resources, education, training, counselling and other requirements for employees to apply this Policy.

· Managers are responsible for fair and consistent application of this policy, importantly for individuals who seek assistance will not be disadvantaged and their employment rights will be safeguarded.

· Managers are responsible for the procedures and facilities so that sensitive medical and other personal information is safeguarded.

· Managers will review this Policy from time to time to determine its fairness and appropriateness for the Shire’s requirements.

· Managers are responsible for the assessment of drug and alcohol with the cooperation of the supervisor/director.

· Managers are responsible to act promptly and confidentially whenever they believe that any individual is not capable of working in a safe and effective manner.

Supervisors

Supervisors are responsible for leading the effectiveness of this Policy:

· Supervisors are expected to lead by example as this is essential to the Policy’s success and credibility.

· Supervisors are responsible for fostering active cooperation with Managers, employees, contractors and other individuals under this policy.

· Supervisors should manage this Policy in a way which encourages employees and individuals to raise concerns about their own or other individuals’ fitness for work.

· Supervisors are responsible for the assessment of drug and alcohol with the cooperation of the manager/director.

· Supervisors are responsible to act promptly and confidentially whenever they believe that any individual is not capable of working in a safe and effective manner.

Employee, Individuals and Contractors

Each individual is responsible for their own health and safety at work and must avoid affecting the safety and health of any other individual.

· Employees and individuals must be fit for work when they present for work and must be able to carry out their duties without risk to themselves or others.

· Employees and individuals must be able to satisfactorily demonstrate fitness for work if requested by a Supervisor or Manager.

· Employees and individuals must immediately notify their Supervisor of any actual or potential impairment of fitness for work, or if they have a medical condition that could affect their fitness for work.

· Employees and individuals must provide a medical certificate when appropriate, or as requested.

· Employees and individuals must immediately notify their Supervisor of any situation in which may breach this Policy, including:

· Any situation in which other individuals may be unfit for work;

· The unauthorised possession or consumption of drugs or alcohol on site or during working hours by another individual;

· Any loss or suspension or drivers licenses, or legal licenses/certificates required to carryout their duties;

· Any other apparent breach of this Policy.

APPLICATION

Alcohol

Being under the influence of alcohol will not be permitted whilst working on the premise or property of the Shire of Esperance. Employees who commence work whilst under the influence of alcohol including, working under the adverse effects of alcohol, will be stood down from their duties. If a blood alcohol level is deemed to be over 0.02 or over the legal limit for operating the particular plant (ie where the legal blood alcohol level for operation of the plant is lower than 0.02), employees will be sent home without pay for the remainder of the day. As the employee will be over the legal limit to drive, alternative transport will be required.

There may be occasions where alcohol may be included as part of a work function or other recognised work event. Where management has properly approved the consumption of alcohol, employees must continue to behave in a sensible and responsible manner with due care for their own and other people’s safety and wellbeing. Failure to behave in a sensible and responsible manner with due care, or any failure to follow any directions given by management with regard to the consumption of alcohol may result in disciplinary action. It is a condition of the Shire of Esperance that employees make alternative arrangements to get home. The Shire of Esperance accepts no responsibility for employees during travel to and from the function.

Drugs and Prescription Medication - Illicit Drugs and Other Substances

Being under the influence of, suffering adverse effects of, in possession of, or found to be cultivating, selling or supplying drugs or other substances whilst on the Shire of Esperance property or premise is strictly prohibited and will result in disciplinary action and possibly instant dismissal.

Synthetic drugs such as cannabinoids are not intended for human consumption as they can produce elevated heart rate, elevated blood pressure, anxiety and hallucinations. It is highly likely that these products will impair an individual’s capacity to present themselves fit for work , and therefore put themselves and or others at risk.

Synthetic Cannabinoids, which have been reported to be five (5) to ten (10) times more potent than THC (the active component of Marijuana) can, and will, directly compromise your fitness for duty and dramatically impair your ability to operate machinery. As these products adversely affect an individual’s fitness for work a sample of urine may be taken and sent for analysis. If the returned results are confirmed as being positive they will be treated in the same way as illicit drugs tested for under the Shire of Esperance Fitness for Work Policy. If suspected of the above, an employee must undergo a drug screen (paid by the Shire of Esperance.) Refusal to a drug screen may result in instant dismissal.

If the drug screen provides a positive result on the first offence, the employee will receive a written warning as per the disciplinary action section of this policy. If an employee is found to give a positive result on the second offence, they will receive a second written warning. On the second offence, the employee must agree to be submitted for consequent drug testing (every fortnight or at random) for a (two month) period. The employee will be instantly dismissed if a subsequent test is undertaken with a positive result.

Any third offence will also result in instant dismissal as per the disciplinary action section of this policy.

Threshold Levels – A cut-off Level is the value at or above which the drug or alcohol is deemed to be ‘detected’ and below which the drug is deemed to be ’not detected’. All testing for drugs and alcohol will be according to the levels indicated below adapted from the Australian Standards

*Class of Substance*	*Cut-off-level*
Alcohol	0.02 mg/ml
Opiates	300 ug/L
Cannabis	50 ug/L
Cocaine	300 ug/L
Benzodiazepines	200 ug/L
Sympathomimetric Amines by Screening test · Amphetamine · Methamphetamine	300 ug/L 300 ug/l

Prescription and Other Medication

It is an employee’s responsibility to inform their supervisor of any medication they are taking. It is also a requirement of employees to advise their supervisor of any adverse effects that may occur whilst taking such medication, including the amount of times that the medication is taken per day. This information is to be recorded on their personnel file for reference in the event of an emergency.

Any prescription and other medication must be used in accordance with medical advice. Any non-prescription or other medication must be used in accordance with the manufacturer’s recommendations.

Failure to follow these requirements will result in disciplinary action, or instant dismissal.

DRUG & ALCOHOL TESTING

In the interests of workplace safety, the Shire believes that the following measures are appropriate for the Esperance Shire Council workplace

The Shire of Esperance may undertake regular random testing, without notice of all employees for alcohol and other drugs that could affect workplace safety. The Shire, will administer at it’s cost (through such a provider nominated by the Shire from time to time) on site random testing of personnel for drugs and alcohol. Testing maybe carried out due to:

1. Cause Testing.

2. Employee involved in an accident/Incident or a near miss whilst at work shall be, where practical tested.

3. Where persons behaviour raises concern that he or she maybe influenced by alcohol and or other drugs upon the request of any other person in the workplace, with support from the supervisor/manager.

4. If evidence is found of possible drug or alcohol use (e.g drug paraphernalia or alcohol containers)

5. Pre Employment Testing – all persons appointed to permanent positions will be required to undergo drug and alcohol testing prior to commencing duties with the Shire. Individuals who refuse to undertake the test or who do not satisfy the requirements of the test will not be offered employment.

Testing may be undertaken by an external party (e.g. WA Police) or Shire employee, trained and certified in the use of a breathalyser or a Drug Detection System. Testing is to identify work related issues, particularly safety. It is not designed to identify or address recreational use of illicit drugs.

Refusal to test – Refusal to undertake and fully co-operate with the administration of a drug / alcohol test will be deemed as a positive result. Continued refusal may result in further disciplinary action and instant dismissal.

The testing will be carried out in compliance with the Australian Standard AS/NZS 4308: 'Procedures for the Collection, Detection and Quantification of Drugs of Abuse in Urine', including full GC-MS (Gas Chromatography – Mass Spectrometry) confirmation testing facilities available in a secure, dedicated laboratory. This service will be used to confirm all positive screen results to ensure maximum legal protection for both employee and employer.

DISCIPLINARY ACTION

If this procedure is in anyway contravened by an employee the following will result.

General Guidelines

Any employee who tests positive to an alcohol breath screen or urine screen will be stood down from their work without pay for a minimum of one day and will not be permitted to resume work until such time as they have proven they are fit for work. It should be noted that the Shire will pay for the original drug and alcohol test as well as one test for clearance to return to work. If the test for clearance returns a positive reading greater than the permitted levels, the employee will be required to pay for any subsequent tests required to obtain clearance to return to work.

First Offence:

(i) The employee will be immediately suspended from duty without pay, for a minimum of one day, if found unfit to work.

(ii) The employee will not be permitted to return to work until they have been tested again and below the limits for all prescribed substances.

(iii) The employee will be given the opportunity to state their case. Unless there are convincing arguments to the contrary, this procedure will continue.

(iv) The employee will be counselled by their supervisor that will focus on;

a. the unacceptability of the employee’s behaviour

b. the risk that such behaviour creates for the safety of the individual and other employees or members of the public

c. the employee’s responsibility to demonstrate that the problem is being effectively addressed;

d. that any future breach of the policy will result in second offence or instant dismissal.

e. A first written warning will be given.

(v) The employee will be formally offered the opportunity to contact a professional counsellor. The decision to undertake counselling or other treatment for alcohol or other drug or substance problem is the responsibility of the employee and can not be made mandatory. However, if the employee refuses the offer of counselling for a second offence, instant dismissal will result. The Shire of Esperance will insist that the employee provide satisfactory evidence that the effect of work performance and/or safety has been addressed before they are permitted to return to work.

Second Offence:

(i) The employee will be immediately suspended from duty without pay if found unfit for work.

(ii) The employee will not be permitted to return to work until they have been tested again and proved negative for all prescribed substances.

(iii) The employee will be given the opportunity to state their case. Unless there are convincing arguments to the contrary, this procedure will continue.

(iv) The employee will be counselled by their supervisor that will focus on;

a. the unacceptability of the employee’s behaviour

b. the risk that such behaviour creates for the safety of the individual and other employees or members of the public

c. the employee’s responsibility to demonstrate that the problem is being effectively addressed;

d. that any future breach of the policy will result in instant dismissal.

(v) Counselling will be offered, refer to First Offence (v), if counselling was not used in the first offence.

(vi) The employee will be instantly dismissed without notice if offer of counselling is refused on second offence.

(vii) The employee will be submitted [fortnightly or randomly] for alcohol and / or drug screening for the period of [two months] paid by the Shire of Esperance. If tests confirm positive, instant dismissal will follow. If the employee refuses to comply, instant dismissal will follow.

Third Offence:

(i) The employee will be given the opportunity to state their case. Unless there are convincing arguments to the contrary, this procedure will continue.

(ii) The employee will be immediately dismissed from duty without notice.

Instant Dismissal:

The following are guidelines to circumstances that will result in dismissal without notice:

(i) Any attempt to falsify the drug and alcohol screen

(ii) Unauthorised consumption of illicit drugs or alcohol whilst on the work site or during the working period.

(iii) Unlawful behaviour.

Contractors

(i) Contractors found with levels exceeding permissible levels for drugs and/or alcohol will be removed from the worksite immediately. The Shire of Esperance will insist that the contractor provide satisfactory evidence that the effect of work performance and/or safety has been addressed before they are permitted to return to the worksite.

(ii) Three offences for levels exceeding permissible levels for drugs and/or alcohol within a twelve month period will result in the termination of the Contract in accordance with Contract conditions.

OTHER

If an employee is found to be heavily intoxicated, above the legal limit to drive, or extremely fatigued and they are to be sent home without pay, it is a requirement of the supervisors to:

a) contact the employees next of kin to arrange pick up. If no contact is made then arrangements are to be made for the employee to be transported home.

EMPLOYEE ASSISTANCE PROGRAM (EAP)

The Shire of Esperance understands employees may be experiencing difficulties external to work that may influence their behaviour and health whilst at work. To assist with the recovery of the employee, the Shire of Esperance has in place a confidential employee assistance program. For the purpose of this procedure, this program may be offered to first offence employees. Otherwise this program will be offered on the second affirmed screening. The Shire of Esperance will offer a total of 3 counselling sessions.

If an EAP is offered as a result of a first offence and the employee declines the offer, they risk the consequence of instant dismissal on second offence.

PRE-EMPLOYMENT TESTING

A job applicant for a permanent position will be required to undergo drug and alcohol testing prior to being offered employment with this Shire this, this may involve analysis of a urine sample by a medical practitioner.

Individuals who refuse to undertake the test or who do not satisfy the requirements of the test will not be offered employment.

REFERENCE

· Occupational Safety and Health Act 1984;

· Occupational Safety and Health Regulation 1996, and 2005 amendments;

Ordinary Council: Agenda

28 May 2013 Page 208

Item: 12.5.2

Tender options for Flinders

Author/s	Trevor Ayers	Manager Economic & Business Development
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: OAC.3.29-02

Applicant

Internal

Location/Address

See attached – Flinders Stage 2

Executive Summary

Discussion on Tender options for the Flinders Estate lots to allow properties to be sold via Chief Executive Officer (CEO) delegation for a six month period after the Tender has closed.

Recommendation in Brief

That Council, provided the Flinders and Shark Lake Sales and Marketing Committee has no objections, authorise the CEO to:

1) Advertise all unsold lots, excluding lots 236 – 252 and any lots currently under offer, for sale under the Tender process; and

2) To prepare tender documentation to be advertised.

Background

The current delegated authority to the CEO to accept offers on lots within the Flinders development expires on the 18 of May 2013. This authority can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In order to enable Council to provide a delegation to the CEO for a further six months it is proposed another tender be called for all currently unsold lots within Flinders.

Officer’s Comment

Usually this item would be a recommendation of the Flinders and Shark Lake Sales and Marketing Committee; however a committee meeting has not been able to be held prior to the writing of this agenda item. As such it is recommended that the support of the committee be required as part of the Council resolution.

While properties can still be sold without CEO delegation, this can only occur via a formal decision of Council followed by a public advertising period for each lot. This approach has proven to result in delays for purchasers and additional work for both staff and Councillors for what are essentially a straight forward residential property sales.

Consultation

Thorp Realty

KD Bishops Professionals

Financial Implications

Income from the sale of land at Flinders will, in the first instance, be used to repay borrowings for the WA Treasury Corporation

Asset Management Implications

This report details the possible disposal of Council assets.

Statutory Implications

The statutory implications associated with disposing of property are contained within:

Local Government Act 1995

Section 3.58 Disposing of Property

Local Government (Function and General) Regulations 1996

Regulation 30 Dispositions of property excluded from Act s. 3.58

Policy Implications

Nil

Strategic Implications

Shire of Esperance Strategic Community Plan 2012-2022

Civic Leadership

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.

Environmental Considerations

Nil

Attachments

a View.

Flinders Stage 2

Officer’s Recommendation

That Council, provided the Flinders and Shark Lake Sales and Marketing Committee has no objections, authorise the CEO to:

1) Advertise all unsold lots, excluding lots 236 – 252 and any lots currently under offer, for sale under the Tender process; and

2) To prepare tender documentation to be advertised.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 May 2013 Page 211

Item: 12.5.3

WALGA Constitution Amendment

Author/s	Matthew Scott	Chief Executive Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref:

Applicant

Western Australian Local Government Association (WALGA)

Location/Address

Local Government House, West Perth

Executive Summary

For Council to consider a possible amendment to the WALGA constitution to change the commencement date for the formation of the new State Council.

Recommendation in Brief

That Council support the proposed amendment in the WALGA Constitution to form the new State Council at the first meeting after the Local Government ordinary meeting.

Background

On the 13 May 2013, Council received a request (attached) from WALGA to consider a proposal to amend the WALGA constitution to change the date of the formation of new State Council (currently at the first meeting in an even calendar year). The proposal is to change this date to first meeting after the October ordinary elections, to avoid the possibility of zones having to elect a new State Councillor (and deputy) for one meeting (December) prior to new State Council being form, should both the current State Councillor and deputy either retire or not re-elected in the October Council elections.

Currently after the ordinary Council Election, every odd year, the Council must elect members to various committees. Likewise, the Shire of Esperance, as a member of Goldfields – Esperance Country Zone of WALGA must participate in election of the zone’s State Councillor and deputy State Councillor. However under WALGA’s current constitution, these nearly elected State Councillors do not become the Zones representatives until the first meeting of the WALGA State Council in March of the following year. This creates the possibility that the previous State Councillor and Deputy may no longer be a Local Government Councillor (due to retirement or non re-election), creating a vacancy for the final WALGA State meeting in of the year after the ordinary Council election. In this scenario the Zone would need to elect a State Councillor to fill the vacancy.

The current Goldfields – Esperance Country Zone State Councillor is Mayor Ron Yuryevich (City of Kalgoorlie Boulder) and deputy State Councillor is Cr Jeffery Carter (Shire of Leonora).

Officer’s Comment

The proposed amendment is to remove the possibility (though remote) that each zone may need to elect a State Councillor to WALGA to attend one meeting prior to the formation of the subsequent new State Council. Given that most Councils would normally review and appoint committee members at the first ordinary meeting of Council after the ordinary elections (October/November), and that generally the WALGA Zones State Councillors are generally appointed as subsequence of these individual Council committee appointments (November/December), there seems no sufficient reason not to bring the formation of the New WALGA State Council forward to December meeting. By supporting this proposal Council will remove the risk that a zone will need to hold two elections for State Council, should both the current State Councillor and Deputy be unsuccessful at the October Elections.

Consultation

Nil

Financial Implications

The financial implications arising from this report are

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

N/A

The policy implications arising from this report are …

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.2 Maintain a clear, transparent and ethical decision making process.

The propose amendment to the WALGA constitution will remove a recognised risk. This issue has yet to be discussed by GVROC or the Goldfields-Esperance Country Zone.

Environmental Considerations

Nil

Attachments

a View.

WALGA Constitution

Officer’s Recommendation

That Council agree with the proposed constitutional amendment that would see the date of the formation of the new State Council change from the first meeting of the State Council in a even calendar year (ie March) to the first State Council Meeting after the Local Government ordinary election date (ie December)

Voting Requirement Simple Majority

To:	Chief Executive Officers	From:	Tony Brown, Executive Manager Governance & Strategy
Fax No:		Date:	13 May 2013
Reference:	01-001-01-0001	Pages:	1
Subject:	WALGA Constitution	Priority:	High
Contact:
Council:
FAX BACK TO WA LOCAL GOVERNMENT ASSOCIATION ON 9322 2611 by 17/5/2013
Distribute to: Tony Brown____________________________________

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)