Agenda of Ordinary Council

Ordinary Council: Agenda

25 March 2014 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 25 March 2014

COMMENCING AT 4pm

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 K Hall Town Ward

Cr L McIntyre Town Ward

Cr R Horan Town Ward

Cr B Stewart, JP Town Ward

Cr B Parker 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

Ms H Hall Minutes Secretary

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

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

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 25 February 2014 be confirmed as a true and correct record.

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 - Industrial Building (Storage Units) - Lot 702 (16) Effie Turner Drive, Chadwick

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

File Ref: P9061 ; DD010.2014.00002461.001

Applicant

C M, C J & J J Riggs

Location/Address

Lot 702 (16) Effie Turner Drive, Chadwick

Executive Summary

For Council to consider and determine an application for Industrial Buildings (Storage Units) on Lot 702 (16) Effie Turner Drive, Chadwick. The proposal was advertised to adjoining landowners in regards to a reduced front setback. No objections were received. Variations to the rear setback, materials and landscaping provisions are also proposed.

Recommendation in Brief

For Council to approve Development Application 10.2014.2461.1 for an Industrial Building (Storage Units) subject to conditions.

Background

An application was submitted on 29 January 2014 seeking planning approval for proposed industrial buildings that exceed setback requirements.

The subject lot has a site area of 2057.56m² and is zoned “Industry – General” with the following setback requirements (Schedule 8 of Local Planning Scheme 23 [LPS23]):

· 20 metres to the primary street boundary (12 metres at Local Government’s discretion); and

· 3 metres to the side and rear boundaries.

The proposal is for two industrial buildings to be used as storage units. The submitted plans (see Attachment A) proposed the following setbacks:

· 3 metres to the primary street boundary;

· 3 metres to the side lot boundaries (north and south); and

· 0.5 metres to the rear lot boundary.

It is important to note that the site plan is not drawn to scale and the shape of the site is squarer than the site plan suggests, as indicated in the aerial photo provided.

Comments were sought in relation to the proposal from the three adjoining landowners as well as the landowner immediately opposite the development. No objections were received during the referral period. Two non objections were received.

As per Clause 5.5 of LPS23, if a development is subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.

Two applications for proposals with similar reduced setbacks on nearby lots were approved by Council in 2013:

· Lot 753 Berrigan Street, Chadwick, was approved by Council at the Ordinary Council Meeting held 23 July 2013; and

· Lot 754 Berrigan Street, Chadwick, was approved by Council at the Ordinary Council Meeting held 27 August 2013.

These applications on lots adjoining each other both proposed a 3 metre front setback for extensions to existing storage units, a reduction from the required 20 metre front setback.

Officer’s Comment

With regards to the requirements of LPS23, the application proposes several variations to setback and landscaping development standards.

The proposed 3 metre front setback is a reduction from the LPS23 requirement of 20 metres. Schedule 8 of LPS23 specifies a 20 metre front setback for the Industry – General zone which may be reduced to 12m in the following circumstances:

i) At the discretion of the local government, may be reduced to a minimum of 12m where the front and side walls within 20m of the frontage are to be constructed of a hard, durable material but not including metal cladding and may incorporate glazing as approved by the local government.

ii) Where the development adjoins a road, not a Highway or an Important Local Road, the Council may reduce the front setback distance to a minimum of 12 metres.

Effie Turner Drive is not a ‘Major Road’ or ‘Important Local Road’ under LPS23.

The proposed Colorbond cladding is an additional variation to the development standards which require the use of “hard, durable materials” within 20m of the street frontage for buildings with a reduced setback.

Under Schedule 8 landscaping is required for 25% of the area within 12 metres of the front boundary. Due to the reduced setbacks and sealing of vehicle access, this must be achieved by requiring landscaping across the frontage for most of the width of the 3 metre setback with the exception of the vehicle access, with an additional 15 square metres between the buildings and the side lot boundaries. The area requiring landscaping is indicated in green as included in the recommendation as a condition of planning approval (see Attachment B).

The proposed rear setback of 0.5 metres is a reduction from the minimum 3 metres required under Schedule 8 of LPS23. The adjoining lot is a Crown Reserve with a Management Order for the Shire of Esperance and is used as a drainage reserve.

The proposed development will not impact on public safety or the safe movement of vehicles.

The proposal does not trigger the Industrial Design Guidelines as it is not located within the policy area (adjacent to Norseman, Harbour or Shelden Roads).

The proposal complies with requirements regarding land use, building height, and car parking. While vehicle access and parking proposals are not indicated on the plans, sufficient space is provided for the eight car parking spaces required. The extent of the required sealing for access and parking is indicated in red as agreed with the applicant (see Attachment B).

Advertising of the application was undertaken in accordance with Clause 9.4 of LPS23 and due regard has been given to the criteria set out in Clause 10.2 in LPS23.

Consultation

Neighbour referral was undertaken to two adjacent lots as well as the lot immediately opposite the development.

Two non objections were received from the owners of the adjoining lots to the north and south of the development. No objections were received during the two week referral period.

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

Policy Implications

The policy implications arising from this report are:

Local Planning Strategy

Strategic Implications

Local Planning Strategy

Precinct 3 – Norseman, Harbour and Shelden Roads General Industrial

Strategies:

· Encourage the development of industrial uses and serviced industrial lots. Where reticulated sewerage is not available to existing lots ensure appropriate waste disposal methods are considered.

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.	Site Plan - Landscaping and Sealing

Officer’s Recommendation

That Council approve Development Application 10.2014.2461.1 for Industrial Buildings (Storage Units) 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 land and buildings the subject of this approval shall be used for the purposes of Storage only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer attached definition as extracted from Schedule 1 – Definitions of LPS 23).

· “Storage” means premises used for the storage of goods, equipment, plant, or materials.

3. A minimum of eight (8) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking and the Building Code of Australia.

4. Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed, drained, kerbed, marked (including disabled bays) and thereafter maintained. The extent of seal is indicated in red on the approved plans.

5. All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

6. All vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site.

7. The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Engineering Services).

8. 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 (Engineering Services).

9. Plans and specifications must be submitted for a stormwater retention system certified by a qualified Engineer as being consistent with standard engineering practices, to the satisfaction of the Shire of Esperance (Engineering Services).

10. Prior to the commencement of use, the stormwater retention system must be constructed in accordance with approved plans, to the satisfaction of the Shire of Esperance (Manager Engineering Assets/Engineering Services).

11. 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.

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

13. 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).

14. Prior to the issuance of a building permit, a landscaping plan for the areas highlighted in green shall be submitted and approved by the Shire of Esperance (Planning Services).

15. Landscaping shall be carried out in accordance with the approved landscaping plan prior to the commencement of use, and thereafter shall be maintained as landscaped areas at all times, to the satisfaction of the Shire of Esperance (Planning Services).

16. 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).

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

18. 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.

19. All new and existing fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

AND the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit 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, Building Regulations and the Local Government Act.

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. Stormwater retention system is to be designed in accordance with the Shire of Esperance “Stormwater Drainage – Onsite Retention Guidelines for Minor Residential, Commercial and Industrial Development”.

6. The landscaping plan shall be submitted at a scale of 1:200 or 1:100 and shall detail the following (insert or delete details as required):

· Proposed trees and shrubs to be planted including species, number and size of plants (NB: emphasis should be on native plants and preferably Western Australian native plants because of their general hardiness and low water requirements). Trees and plants are to be shown in exact location using clear symbols;

· Site layout and context including property boundaries, street names, building/s, parking areas, paved areas, and adjacent verges;

· Reticulation methods; and

· Maintenance arrangements.

7. The proposed development is satisfactory to the Shire of Esperance (Environmental Health Services) subject to compliance with the following legislation (as amended):

· Health Act 1911;

· Health Act (Laundries & Bathrooms) Regulations 1971;

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971;

· Shire of Esperance (Health) Local Laws;

· Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974; and

· Environmental Protection (Noise) Regulations 1997.

8. Ensure an application to install or construct an effluent disposal system for the treatment of sewage is submitted and a permit to build has been issued prior to any works being carried out.

9. All 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.

10. 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 be of no further effect.

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

12. 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

25 March 2014 Page 22

Item: 12.1.2

Development Application - Oversize Industrial Shed, Earthworks and Retaining Walls - Lot 85 (67) Norseman Road, Castletown

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

File Ref: P5020 ; DD010.2014.00002464.1

Applicant

Cartman Designs on behalf of Sime Developments Pty Ltd

Location/Address

Lot 85 (67) Norseman Road, Castletown

Executive Summary

To consider an application for an over height Industrial Shed, Earthworks and Retaining Walls on Lot 85 (67) Norseman Road, Castletown.

Recommendation in Brief

That Council approve Development Application 10.2014.2464.1 for development of an over height Industrial Shed, Earthworks and Retaining Walls on Lot 85 (67) Norseman Road, Castletown.

Background

The application was lodged with Planning Services on 30 January 2014 by Cartman Designs for a proposed over height Industrial Shed, Earthworks and Retaining Walls at Lot 85 (67) Norseman Road, Castletown. Plans are attached (see Attachment A).

The subject site is 8,439.17 square metres in area, and is zoned “Industry – Business” with a designation of Industrial under the Local Planning Strategy.

The proposed Industrial Shed has a total floor area of 1,008 square metres, a ridge height of 9.751 metres and a wall height of 7.9 metres. Clause 5.15 of Local Planning Scheme No. 23 (LPS 23) limits the height of any building that is not residential in nature to 9 metres.

In this instance, neighbour referral was undertaken to the adjacent landowners. No comment or objections were received.

It is noted that Amendment 14 to LPS 23 includes a provision to increase the height limit for any building that is industrial in nature to 12 metres.

Officer’s Comment

With regards to the requirements of LPS 23, the proposal complies with the requirements regarding land use, and primary street setback. The proposed Industrial Shed does not comply with the provisions regarding Building Height. The proposed Retaining Walls do not comply with the provisions regarding side setback. The proposed earthworks comply with all provisions.

The increased building height is to allow for the storage of vehicles and machinery. The proposed height will not result in significant additional impact on Norseman Road due to the distance (91 metres) of the proposal from Norseman Road. Impact on neighbouring landowners will also not be significantly greater than that of a building which complies with the standard 9 metre height restriction under Clause 5.15 of LPS 23.

The proposed earthworks and retaining walls are to support the development of the proposed Industrial Shed and will not have a significant impact on the neighbouring landowners or Norseman Road. Engineering Services has requested that all earthworks be undertaken in such a way as to retain all stormwater on site.

Consultation

The application was referred to the adjoining landowner for comment as per the requirements of Local Planning Scheme No. 23. No comments or objections were received.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

1.) Planning and Development Act 2005; and

2.) Local Planning Scheme No. 23

Policy Implications

The policy implications arising from this report are:

1) 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

Officer’s Recommendation

That Council approve Development Application 10.2014.2464.1 for the development of an over height Industrial Shed, Earthworks and Retaining Walls on Lot 85 (67) Norseman Road, Castletown, subject to the following standard conditions:

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. A minimum of eleven (11) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off- street Car Parking and the Building Code of Australia.

5. 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 (Engineering Services).

6. Stormwater drainage design is to be in accordance with the Shire of Esperance Draft Guidelines.

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

9. 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).

10. 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).

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

12. 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.

13. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

14. All 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.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. In accordance with the provisions of the Building Act 2011, an application for a building permit 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, Building Regulations and the Local Government Act.

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.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 28

Item: 12.1.3

Development Application - Toilet - Lot 5 (87) Downes Street, Pink Lake

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

File Ref: P8200 ; DD010.2014.0002470.1

Applicant

Paul Griffiths

Location/Address

Lot 87 (5) Downes Street, Pink Lake

Executive Summary

To consider an application for a toilet on Lot 5 (87) Downes Street, Pink Lake.

Recommendation in Brief

That Council approve Development Application 10.2014.2470.1 for development of a toilet on Lot 5 (87) Downes Street, Pink Lake.

Background

The application was lodged with Planning Services on 3 February 2014 for a proposed toilet on Lot 5 (87) Downes Street, Pink Lake. Plans are attached (see Attachment A).

The subject site is 23,509 square metres in area, and is zoned “Rural Residential” with a designation of Rural Residential/Rural Smallholdings in the Local Planning Strategy.

The proposed toilet is 5.65 metres long by 1.75 metres wide with a height of approximately 3.9 metres. Also located on site are a single dwelling and a short stay accommodation facility.

As per the provisions of DEV-PS 001: Applications lodged by Staff or Elected Members, all applications for development, land use, or subdivision lodged by a senior staff member or elected member are referred to Council for consideration.

Officer’s Comment

With regard to the requirements of Local Planning Scheme No. 23, the proposal complies with all provisions of the Scheme. The proposal also complies with the provisions of Local Planning Policy: Outbuildings. There are no variations from standard planning requirements proposed as part of the application.

Consultation

Owing to the nature of the application, the proposal was referred to Shire of Esperance (Environmental Health Services). Health Services have advised that the proposal is satisfactory to Council’s Environmental Health Services section subject to compliance with the following legislation (as amended):

- Health Act 1911

- Occupational Health, Safety and Welfare Regulations 1988

- Sewerage (Lighting, Ventilation and Construction) Regulations 1971

- Shire of Esperance Health Local Laws 2004

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005; and

Local Planning Scheme No. 23

Policy Implications

The policy implications arising from this report are:

DEV-PS 001: Applications lodged by Staff or Elected Members

Strategic Implications

Local Planning Strategy – Precinct 25 Pink Lake East

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

Officer’s Recommendation

That Council approve Development Application 10.2014.2470.1 for the development of a Toilet on Lot 5 (87) Downes Street, Pink Lake, subject to the following standard conditions:

2. 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).

3. 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.

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 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).

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

And the following advice notes:

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

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. The proposal is satisfactory to Council’s Environmental Health Services section subject to compliance with the following legislation (as amended):

· Health Act 1911

· Occupational Health, Safety and Welfare Regulations 1988

· Sewerage (Lighting, Ventilation and Construction) Regulations 1971

· Shire of Esperance Health Local Laws 2004

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 36

12.2 Engineering Services

Item: 12.2.1

Tanker Jetty Outcomes Report from Community Consultation

Author/s	Gavin Harris	Director Engineering Services
Authorisor/s	Gavin Harris	Director Engineering Services
	Matthew Scott	Chief Executive Officer

File Ref: F13/944

Applicant

Engineering Services

Location/Address

Executive Summary

This report recommends receiving the Summary of Outcomes Report following the Community Consultation undertaken regarding the replacement of the Esperance Tanker Jetty and to commence the process of developing jetty design concepts and cost estimates for further community consultation.

Recommendation in Brief

That Council,

1. Receive the Tanker Jetty Replacement Project Community Consultation Summary of Outcomes Report,

2. Directs the Chief Executive Officer to commence the development of design concepts and cost estimates for the replacement of the Esperance Tanker Jetty as per the Summary of Outcomes Report

3. Adopts the budget amendment as follows –

Description	Budget Figure	Amended Figure	Variation
Tanker Jetty Design	0	40,000	40,000
Tanker Jetty Reserve	812,257	772,257	(40,000)
Net result			0

Background

The Shire of Esperance undertook community consultation utilising Bevan Besson (Tuna Blue) on the 29 to 30 October 2013 to discuss the replacement of the Esperance Tanker Jetty. Four consultation sessions were held including two community forums, a targeted Stakeholders forum and a meeting with Council and Executive of the Shire. In all 136 people attended the forums.

The outcomes from each of the workshops reflected a wide range of perspectives and opinions. However common themes are recognisable and although not supported by every participant, the common themes are the basis of the majority view of the 136 participants who attended the workshops.

The top three views from the participants were –

· Acceptance that the current Tanker Jetty is at the end of its useable life;

· Participants want a replacement structure;

· The replacement structure should be in the same location (ie: the Headland);

A Summary of Outcomes report was produced for Council to consider including the following initiatives which set a road map for Council into the future –

Initiative One:

Council should prepare:

· Costed concept plans for a replacement structure in concrete, steel and timber, from the Headland, with options of:

o 300m length x 3m width (indicative cost of $7m),

o 300m length x 4.5m width (indicative cost of $10m),

o 400m length x 4.5m width (indicative cost of $12.8m),

o 520m length x 3m width (indicative cost of $11.3m);

· Several lateral solutions were offered involving a breakwater structure of rock islands connected by bridged jetty sections and a costed concept plan may provide a unique option.

Initiative Two:

Each option should be presented in a staged format for construction and costing, so that the community can see the replacement in smaller increments (ie: 200m first, then added increments of 100 metres).

Initiative Three:

That Council acknowledge the willingness of participants to contribute to the capital cost of the replacement jetty, and develop revenue estimates and sensitivities for a levy based on a percentage of unimproved value, guided by:

· a lower end of $40 – $60 per property, per annum (based on what participants think others are prepared to pay, plus the second preference for what they are prepared to pay); and

· an upper end of around $100 per property, per annum (based on first preference for what they are prepared to pay);

to test if this spread of levy would indicate a community contribution of around $5m over a 10 year period, for capital expenditure.

Initiative Four:

That Council consider a target of around $10m of total capital spend, based on a 1 : 1 leverage of community contribution with other matched funding from a range of sources including corporate sponsorship, Government contributions and philanthropic support.

Initiative Five:

That as part of the business planning for Stage 4 of the Waterfront Project, the potential for commercial return from the replacement jetty and the surrounding land based businesses in the Headland precinct be investigated to cover maintenance and replacement costs for the new structure, over the long term.

Initiative Six:

The Tanker Jetty replacement initiative and the coastal aspect of the Town Centre Revitalisation process be recognised as separate but complementary components of the overall Esperance Townsite Foreshore Redevelopment Masterplan, such that:

· the Council further investigates the potential for the development of a commercial / cultural hub around the Headland / Cannery Arts Centre precinct, based on an iconic replacement jetty that may be shorter than the existing jetty; and

· existing processes continue for the development of Town Centre Revitalisation around the James Street and Andrew Street foreshore areas; and

· should a location for cruise ships be required, this be considered as part of the Town Centre Revitalisation process at James Street or similar location and any agency or commercial entity responsible for the delivery of such an asset be involved in the determination of the economic viability of this facility.

Initiative Seven:

That Council communicate the key points of the majority view back to the community to complete this phase of the community consultation process.

Officer’s Comment

Initiatives 1 and 2 involve engaging a consultant to determine concept designs and indicative costs associated with a new Jetty structure. Once this is completed, further community consultation will be needed to determine a final agreed upon design to progress detail design and cost estimate.

Initiatives 3, 4 and 5 will form part of a business case that will be developed once a final design and cost estimate has been agreed upon. The business case will be needed to pursue any external funding sources.

Initiative 6 raises three key issues that will be dealt with as follows –

· Commercial / cultural hub on the headland – is currently stage 4 of the Esperance Waterfront project and will be developed at an appropriate time in the future.

· Integration of Foreshore and Towncentre – this is a key point in the Town Centre Revitalisation process.

· Docking point for cruise ships or their tenders – as stated should be considered but is not a local government responsibility. Further investigation would will be required by any agency or commercial entity to determine the economic sustainability of such a facility.

Initiative 7 has been completed with articles in the paper and information on Facebook advising people of the results from the community consultation with the Summary of Outcomes report available on the Shire website. Further community consultation at the time of presenting design concepts will allow for further dissemination of the report.

Therefore to commence the process of concept design and indicative cost estimates approximately $30,000-$40,000 will be required to engage an appropriate consultant to undertake the works. The Shire has a Tanker Jetty reserve with $812,257 currently available. Officers recommend a reserve transfer of $40,000 for concept plans and indicative estimates to be developed with any unexpended funds being returned to the Tanker Jetty reserve.

Consultation

This report is based on the outcomes of community consultation held on the 29 & 30 October 2013.

Financial Implications

The financial implications arising from this report are

Description	Budget Figure	Amended Figure	Variation
Tanker Jetty Design	0	40,000	40,000
Tanker Jetty Reserve	812,257	772,257	(40,000)
Net result			0

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

3.1 Deliver a diverse range of affordable services and infrastructure across the Shire.

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

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 3.2.2 Plan for and seek funding for Esperance Waterfront Stage 3 – Tanker Jetty Replacement

Environmental Considerations

Nil

Attachments

a View.

Esperance Tanker Jetty - Summary of Outcomes Report

Officer’s Recommendation

That Council,

1. Receive the Tanker Jetty Replacement Project Community Consultation Summary of Outcomes Report,

2. Directs the Chief Executive Officer to commence the development of design concepts and cost estimates for the replacement of the Esperance Tanker Jetty as per the Summary of Outcomes Report, and

3. Adopts the budget amendment as follows –

Description	Budget Figure	Amended Figure	Variation
Tanker Jetty Design	0	40,000	40,000
Tanker Jetty Reserve	812,257	772,257	(40,000)
Net result			0

Voting Requirement Absolute Majority

Introduction

Four workshop sessions were held on 29 – 30 October 2013 to gain input on the options for a replacement of the Tanker Jetty in Esperance.

The workshops were:

Ø Council and Executive of the Shire ‑ 14 participants

Ø Targeted Stakeholders ‑ 7 participants

Ø Afternoon Community Forum ‑ 70 participants

Ø Evening Community Forum ‑ 45 participants

The Executive Summaries from each workshop and data collected from a stand at the Blessing of the Fleet (10 November 2013) are attached at the end of this document.

Overall Outcomes

The outcomes from each of the workshops reflect a wide range of perspectives and opinions. However common themes are recognisable and although not supported by every participant, the common themes are the basis of the majority view of the 136 participants who attended the workshops.

The majority view reflects:

Ø Acceptance that the current Tanker Jetty is at the end of its useable life;

Ø Participants want a replacement structure;

Ø The replacement structure should be in the same location (ie: the Headland);

Ø The replacement needs to be iconic in nature, retaining the same curvature as the existing jetty;

Ø Action needs to be taken as soon as possible and access to the existing structure needs to be provided in the meantime;

Ø Length, width and materials are dependent on cost;

Ø A staged approach to replacement is favoured;

Ø The main use of the new structure is recreational, with a particular focus on fishing, walking, social interaction and a place to take visitors;

Ø Replacement planning should consider income for ongoing maintenance generated from multi use options and commercial operations;

Ø The need for community support for the funding of capital cost and maintenance / replacement is acknowledged;

Ø Participants want matched external funding to be pursued vigorously;

Ø There is interest from participants to encourage cruise ships but divided opinion on the most appropriate location for a cruise ship facility.

Ø In terms of design options:

· Current height, with lower platforms for fishing and swimming;

· Preference for steel and concrete construction, with timber used to highlight heritage;

· Same slightly curved shape, with a T piece or vehicle turn around at the end;

· An even split between a narrower jetty of 3m to 3.5m and a wider jetty of 4m to 4.5m;

· Community participant preference around 520m length (current length), second preference around 300m length;

· Council and targeted stakeholder preference of 300m length.

Ø For the purposes of this consultation, estimates of replacement cost were provided, based on the costs associated with the replacement of the Busselton Jetty. These figures are indicative only and no firm figure is possible until fully costed business planning is undertaken.

In terms of indicative cost:

· At 3m width, approximate cost of $6m to $8m for 300m length;

· At 4.5m width, approximate cost of $12m to $16m for 400m to 500m length.

Ø Likely contribution towards costs:

· Participants are prepared to contribute towards the replacement cost;

· A majority of participants are prepared to pay around $100 per rateable property, per year:

- 57 – 61% of Council and targeted stakeholders,

- 32 – 45% of community respondents;

· Second preference responses are:

- 23% for $40 – $60 per property, per year,

- 19% for $20 – $40 per property, per year;

· The range that participants think other community members are willing to pay is around $40 – $60 per property, per year (47% community; 57% – 69% for Council and targeted stakeholders);

· Participants prefer a contribution based on a percentage of unimproved (rateable) value, rather than a flat fee;

· There is support for consideration in the business planning for free access for ratepayers (a number of free passes per year) and user pays for non ratepayers and visitors (annual pass and daily passes);

· There is support for a Special Area Rate for businesses that are located near or connected to the operations of the replacement jetty.

Suggested Initiatives

The section on overall outcomes reflects the views of the participants in the workshops, as a section of the overall community.

In order to move forward, initiatives are suggested for costing and basic design work, to allow further consideration of the options by Council.

The suggested initiatives are:

Initiative One:

Council should prepare:

Ø Costed concept plans for a replacement structure in concrete, steel and timber, from the Headland, with options of:

· 300m length x 3m width (indicative cost of $7m),

· 300m length x 4.5m width (indicative cost of $10m),

· 400m length x 4.5m width (indicative cost of $12.8m),

· 520m length x 3m width (indicative cost of $11.3m);

Ø Several lateral solutions were offered involving a breakwater structure of rock islands connected by bridged jetty sections and a costed concept plan may provide a unique option.

Initiative Two:

Initiative Three:

· a lower end of $40 – $60 per property, per annum (based on what participants think others are prepared to pay, plus the second preference for what they are prepared to pay); and

· an upper end of around $100 per property, per annum (based on first preference for what they are prepared to pay);

to test if this spread of levy would indicate a community contribution of around $5m over a 10 year period, for capital expenditure.

Initiative Four:

Initiative Five:

Initiative Six:

· existing processes continue for the development of Town Centre Revitalisation around the James Street and Andrew Street foreshore areas; and

Initiative Seven:

That Council communicate the key points of the majority view back to the community to complete this phase of the community consultation process.

Executive Summaries from each Consultation Workshop

Council and Executive Workshop

Tuesday, 29 October 2013, Board Room, Shire of Esperance

Where is the Community At?

Ø The community want a replacement jetty;

Ø The replacement jetty needs to be iconic, recreational and provide free access.

The Council Position

Ø Removal of the existing structure;

Ø Building of a replacement jetty structure.

Preferred Uses

Ø A place to take visitors;

Ø A safe environment for people to get wet and go fishing;

Ø A place to go walking and do something.

Preferred Elements

Ø Appropriate materials (ie: concrete and steel);

Ø Same height;

Ø 3 mtrs wide;

Ø 300 mtrs long;

Ø A T piece at the end (for shared recreational use and vehicle turnaround);

Ø Roughly $6.5m cost.

Likely Contribution

The majority of participants were prepared to pay $100 per rateable property, per year.

The majority of participants think the community is prepared to pay $50 - $60 per rateable property, per year.

Legend: M = Me, O = Others

Targeted Stakeholders Workshop

Wednesday, 30 October 2013, Esperance Bay Yacht Club

The Community View

Ø Needs to be a replacement structure in the current location, that is iconic but may not be as long or wide as the old jetty;

Ø A facility to accommodate cruise ships is recognised and the James Street facility may be an option in the longer term.

Preferred Uses

Ø Fishing, diving and walking;

Ø Tourism experience;

Ø Protected swimming areas;

Ø A place to take visitors;

Ø Observation point to watch water activities.

Preferred Design Options

Ø Lower decks to counter height and allow for different uses;

Ø Steel and concrete construction, with some wood to highlight heritage;

Ø Evenly split between 3 and 4.5 metres wide;

Ø Between 250 to 400 metres long;

Ø At 3m width, approximate cost of $6m; at 4.5m width, approximate cost of $10m.

Likely Contribution

The range participants are willing to pay is between $100 - $120 per year.

The range participants’ think the community is willing to pay is split evenly around $40 - $60 and around $100 per year.

Legend: M = Me, O = Others

Need to use a funding mechanism that takes into account the value of the rateable property, with some book ending to ensure reasonableness.

Community Forum (1.00pm) Workshop

Wednesday, 30 October 2013, Esperance Bay Yacht Club

The Community View

Ø The jetty needs to be replaced;

Ø Replacement options such as width, length, materials, etc should be dependent on cost;

Ø Replacement planning should incorporate multi use options;

Ø Action needs to be taken as soon as possible and access to the existing structure needs to be provided in the meantime;

Ø A staged approach to replacement is favoured;

Ø A majority favour replacement in the current location;

Ø The need for funding of capital cost and maintenance / replacement cost is acknowledged.

Preferred Uses

Ø The primary uses are recreational, for both local residents and tourists;

Ø There is also a view that the structure should be designed to allow for tenders from cruise ships as a future option.

Preferred Design Options

Ø Current height, with lower platforms in some sections;

Ø Steel and concrete, with timber used for heritage display;

Ø Same slightly curved shape, with T piece or vehicle turnaround at the end of the jetty;

Ø Preference for a narrower jetty of 3 m to 3.5m;

Ø Preference for the current length of 520m, followed by a preference for 300m to 400m.

Approximate Costings

Based on the preferred design elements, a number of common design preferences were costed for the participants of the workshop, ie:

Ø 3m width x 520m length = $11.3m

Ø 3m width x 350m length = $8.3m

Ø 4.5m width x 520m length = $16.0m

Likely Contribution

Ø Participants are most likely to contribute $100 per rateable property, per year (45% of worksheet responses);

Ø A second preference occurs around $20 to $40 per rateable property, per year (19% of worksheet responses).

Community Forum (6.00pm) Workshop

Wednesday, 30 October 2013, Esperance Bay Yacht Club

The Community View

Ø The main use now is recreational, with a strong emphasis on fishing;

Ø Action needs to be taken as soon as possible, with reconnection in the immediate term;

Ø There is support for accommodating cruise ships or tenders;

Ø There is support for incorporating commercial operations;

Ø The location remains a point of contention;

Ø If in the same location, retain the length and curvature of the existing jetty.

Preferred Uses

Ø The primary uses are recreational, especially fishing, walking and social interaction with other people.

Preferred Design Options

Ø Current height, with lower platforms in some sections;

Ø Steel and concrete, with timber used for heritage display;

Ø Same slightly curved shape, with T piece or L piece at the end of the jetty and fishing pods;

Ø Preference for a jetty width of 4m to 5m;

Ø Preference for the current length of 520m, followed by a preference for 250m to 300m, then a preference for 400m.

Approximate Costings

Based on the preferred design elements, a number of common design preferences were costed for the participants of the workshop, ie:

Ø 3m width x 250m length = $6.0m

Ø 3m width x 350m length = $8.3m

Ø 3m width x 520m length = $11.3m

Ø 4.5m width x 400m length = $12.8m

Ø 4.5m width x 520m length = $16.0m

Likely Contribution

Ø Participants are most likely to contribute $100 per rateable property, per year (32% of worksheet responses);

Ø A second preference occurs around $40 to $60 per rateable property, per year (23% of worksheet responses).

Data collected from a stand at the Blessing of the Fleet (10 November 2013) showed the following preferences:

Amount per year ($) (community input)

Jetty Length (metres)

47%

29%

Ordinary Council: Agenda

25 March 2014 Page 52

Item: 12.2.2

Murray Road Emergency Expenditure

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

File Ref: F12/1634

Applicant

Engineering Services

Location/Address

Murray Road, Dalyup

Executive Summary

This report explains the need to undertake emergency repair works to Murray Road and recommends a budget amendment to cover the cost of repair works.

Recommendation in Brief

That Council adopts the following budget amendment –

Description	Budget Figure	Amended Figure	Variation
Murray Road	0	145,000	145,000
Griggs Road Resheet	354,543	209,543	(145,000)
Net result			0

Background

There is currently a lime extraction business in operation on Murray Road, approximately 15km from the South Coast Highway. The business has been in operation for at least 15 years. Lime is extracted and used by local farmers as a soil additive between the months of January and May each year.

Murray Road is currently listed as part of Main Roads WA Restricted Access Vehicle network as a level 5 route which allows vehicles up to 27.5m in length to access the road. Generally these are trucks with trailers or B Doubles.

The last two years has seen a significant increase in the businesses operations. The last traffic count undertaken by the Shire between 6 February 2014 and 23 February 2014 recorded an average daily volume of 69 trucks and 24 cars with 10 other vehicles types for a total of 103 vehicles per day over the 5 day week.

Officer’s Comment

Following a number of complaints from residents regarding the dust generated by the trucks using the road and the unsafe conditions that were experienced by other road users due to the number of trucks on the road, officers inspected the road. Following the inspection officers also agreed that the existing conditions of the road and types of vehicles using the road made for an unsafe environment.

There were two options to rectify the problem –

1. Close the road to all vehicles over a certain weight i.e. trucks. This would make the road safe however would also have an adverse effect on the lime business and farmers who are accessing it.

2. Treat the road either utilising a water truck on a daily basis or undertake work on the road by adding an additive / stabilising agent to limit the dust and damage to the road.

Officers have been trialling a number of stabilising agents on a couple of roads through the Shire including a product called Polycom. Polycom is a stabilising agent that “is manufactured in Australia and is a granular polymer-based product that stabilises and improves the engineering properties such as strength (CBR) and water resistance of soil and gravel materials used in road construction and general earthworks”.

Due to officers concerns regarding the safety of road users, works were commenced on Murray Road on Tuesday 4 March 2014 to incorporate Polycom. The works will cost in the vicinity of $145,000 and has currently been booked to road maintenance. The road maintenance account is currently over budget and the addition of $145,000 will see a significant over spent on the road maintenance or a reduction in undertaking maintenance works.

There are two options to cover the cost of Murray Road works being –

1. Reduce the capital works budget by $145,000 and postponing a gravel resheet job to the 2014/15 financial year. Officers have identified Griggs Road ($354,543) as one where the length of resheeting could be reduced. This would then require the $145,000 to be reallocated in the 2014/15 budget to complete the resheet works.

2. Utilise funds from the Priority Projects Reserve. Following the half yearly budget review (considered later in this agenda) a surplus of $146,000 is recommended to be transferred to the Priority Projects Reserve. The Priority Projects Reserve was “Established to fund sufficient capacity to assist with the design, construction and operation of priority projects as determined by Council.”

Officers recommend that Griggs Road resheet job is reduced by $145,000 to cover the emergency road works on Murray Road. An allocation of $145,000 will be given priority by officers in the 2014/15 budget considerations.

Consultation

Executive Management Group

Council (informally)

Financial Implications

The financial implications arising from this report are either a reduction in the priority in the Priority Projects Reserve ($239,785) or Griggs Road ($354,543) capital works budget by $145,000.

Asset Management Implications

The addition of a stabilising agent to a gravel road should increase the useful life of the road while also reducing the maintenance required on the road. Officers will be recommending to Council that through State Blackspot funding and Regional Road Group funding that in 2014/15 the shire should commence the sealing of Murray Road to provide for the long term benefit of the road. Murray Road currently services farm properties, a lime extraction business, beach access and Lake Quallilup ski lake.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

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

Nil

Attachments

Nil

Officer’s Recommendation

That Council adopts the following budget amendment –

Description	Budget Figure	Amended Figure	Variation
Murray Road	0	145,000	145,000
Griggs Road Resheet	354,543	209,543	(145,000)
Net result			0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 March 2014 Page 55

12.3 Corporate Services

Item: 12.3.1

Buildings Asset Management and Fair Value

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

File Ref: F12/608

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider a revised building hierarchy and the buildings that are associated with each hierarchy.

Recommendation in Brief

That Council-

1. Adopt the revised Building Asset Hierarchy and request that the CEO review the Building Asset Management Plan in line with the new hierarchy.

2. Agree with the list of buildings that are incorporated within each level of the hierarchy.

3. Utilise the list of buildings contained within the asset management plan as a basis for requiring revaluation for fair value accounting purposes.

4. Agree that the list of buildings that are outside of the asset management plan are not Shire owned buildings and will not be considered in the future for maintenance, renewal or recognition in the Shires financial statements.

Background

With the implementation of fair value on land and buildings to be implemented as at 30^th June 2014, this was a good time for Council to consider the list of buildings that it owns so they can be revalued for fair value purposes.

With the revaluation of buildings being legislated, it is also considered a good time to review the building asset management plan to ensure this is also reflective and in line with the financial asset register.

Officer’s Comment

Shire officers have reviewed those buildings that were on the current building asset register and cross referenced those that currently exist on the financial asset register. A number of buildings were discovered that were either not recognized in the financial asset register, asset management plan or both. Responsibilities under any lease arrangements were taken into consideration in helping to determine hierarchy or ownership.

The buildings that were excluded from the current asset management plan were also reviewed to consider whether they needed to be included within the revised asset management plan. A number of buildings were placed back into the building asset management plan for a variety of reasons with the main one being the requirement under the Local Government (Financial Management) Regulations 1996 to recognize any structures that are on golf courses, showgrounds, race courses or sporting facilities with a state or regional significance regardless of ownership.

The fire brigade buildings were also previously excluded and although the Shire is not responsible to fund the maintenance or renewal of the fire brigade buildings, they continue to remain the property of the Shire and are required to be recognized accordingly.

The building asset management plan and the buildings contained within are an important planning document to help determine the service level that the Shire will be providing in relation to building infrastructure. In addition to determining service levels, the buildings that the Shire recognizes in the asset management plan will also be included and revalued within the financial asset register to determine annual depreciation. Annual depreciation has a direct impact upon the financial sustainability of the Shire with annual depreciation forming a significant portion of the Shire’s operating expenses.

Consultation

Executive Management Team

Asset Management Working Group

Councillors Workshop

Financial Implications

The building hierarchy will help to prioritise maintenance for those buildings that are recognised within the Building Asset Management Plan.

Shire buildings will be re-valued for fair value accounting purposes. This will determine the annual depreciation amount for buildings and be reflected into the operating statement of the Shire.

Asset Management Implications

The Building Asset Hierarchy and attached list of buildings will form the basis of a revised Building Asset Management Plan.

Statutory Implications

Regulation 16 of the Local Government (Financial Management) Regulations 1996 determines those structures that need to be recognised on golf courses, race courses, showgrounds and sporting facilities of state or regional significance.

Policy Implications

CORP 012: Reserve Funding For Community Halls

Strategic Implications

Strategic Community Plan 2012-2022

Theme 3: Economy

Theme 4: Civic Leadership

Corporate Business Plan 2013/2014 – 2016/2017

Action 3.5.4 Review and update Asset Management Plans

Action 4.5.15 Manage financial services

Environmental Considerations

Nil

Attachments

a View.	Building Asset Hierarchy
b View.	Building Asset List
c View.	Outside Building Hierarchy List

Officer’s Recommendation

That Council-

1. Adopt the revised Building Asset Hierarchy and request that the CEO review the Building Asset Management Plan in line with the new hierarchy.

2. Agree with the list of buildings that are incorporated within each level of the hierarchy.

3. Utilise the list of buildings contained within the asset management plan as a basis for requiring revaluation for Fair Value Accounting purposes.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 72

Item: 12.3.2

2013/2014 Budget Review

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

File Ref: F13/624

Applicant

Corporate Services

Location/Address

Internal

Executive Summary

For Council to consider adopting the 2013/14 Budget Review as per the recommendation from the Audit Committee.

Recommendation in Brief

That Council adopt the 2013/14 Budget Review.

Background

The Council has traditionally undertaken a Budget Review to assess the impact of actual events upon the adopted budget. The budget review document contains actual transactions up to the end of December 2013 and also a predicted figure for each account till the end of the financial year. The predicted figures attempt to quantify the likely difference that invariably occurs between the budget and the end of financial year actual result.

A detailed dissection of the income and expenditure variations is supplied under separate cover. The report lists all accounts which have a variance (surplus or deficit) from which was estimated in the annual budget. All of the variances shown require Council approval by Absolute Majority to adjust the original budget. If Council resolves to adjust the budget as per the attachment, it will provide a predicted balanced budget by 30 June 2014.

The Audit Committee considered the budget review at an Audit Committee meeting held on the 26^th February 2014 and resolved the following-

Moved: Cr Griffiths

Seconded: Cr Stewart

AU0214-001

Officer’s Recommendation

That the Audit Committee recommends Council adopt the 2013/14 Budget Review.

CARRIED

F5- A0

Officer’s Comment

The Budget Review has been compiled in the statutory reporting program format similar to the monthly financial report. Three columns of information have been presented as follows:

1. The left columns being the Councils adopted budget (as revised by resolution).

2. The middle columns contain the actual result recorded to 31 December 2013.

3. The last columns being the predicted result to the 30 June 2014.

Revenue is presented in brackets, eg (100,000) and expenditure is presented without brackets.

The Budget Review process essentially is designed to ensure that the adopted budget is being adhered to and that there are not material variances that may cause a deficiency in “cash” to occur at financial years end.

A balanced budget was adopted by Council for the 2013/14 budget.

Since July budget amendments have been presented and adopted by Council taking the budget to a $60,000 deficit.

The main variations which have been identified since budget adoption are outlined below:

· Additional income from interest on Municipal account that is attributable to the Shire holding Royalties for Regions funding. This interest is required to be spent on the projects for which they are allocated and therefore the predicted expenditure has been increased accordingly.

· Interest income for Reserve funds has been decreased based on lower interest rates than expected since budget adoption.

· Audit fees have been increased with interim audit still to take place before the end of the year. Extra fees are due to assistance with the annual financial statements and implementation of Fair Value accounting.

· Consultancy Expenses for Corporate Services have been increased to purchase Civica ASA (Authority Support Account) when there is a 20% discount. This has been offset by a decrease in expenses expected for revaluation of land & building assets for fair value purposes.

· Bank Fees have been increased based on year to date actuals. The bank fees are usually less for the latter part of the financial year. The bank has been requested to investigate current charges to ensure they are in line with the review of charges done in October 2012.

· Provision has been made in the debt collection expense account to provide for a provision for doubtful debt if some outstanding general debts remain outstanding until the 30 June.

· Organisational Review will not be completed this financial year and $50,000 will be re-budgeted in the 2014/15 year.

· The net income ($64,000) from the demolition of FESA Buildings has been transferred to Land and Development Reserve.

· Animal Registration fees have exceeded expectations by $25,000 due to the implementation of the Cat Legislation.

· Various adjustments to Homecare to recognize specific grants that have been received or reduced to deliver the Homecare programs.

· Various adjustments in the Waste and Recycling area, including tipsite capping and plant purchases. This has been offset with a Sanitation Reserve transfer.

· A reduction in Truck Wash income ($75,000) due to the truck wash facility being closed longer than expected.

· Increase in Development application fees to recognize additional expected income in the area.

· Includes a reserve transfer from the IT Reserve to fund the replacement of an AO Planning Printer and Scanner that was previously leased.

· Decrease in Civic Centre Show expense to $150,000 but offset by a decrease in Civic Centre Show ticket sales to $100,000.

· Increase in utilities at the BOILC by $50,000 due to the tariff change for electricity.

· Recognition of additional Kidsport funding grant and offsetting expenditure.

· Esperance Waterfront has $100,000 increase in expenditure due to the increase in interest earnings on Royalties for Regions funding.

· Recognition of Work for the Dole expenditure at Lake Monjingup and corresponding income from Max Employment.

· Increase in Greater Sports Ground maintenance expense by $55,000.

· Increase in Rural Road Maintenance by $100,000 due to a heavy wet winter.

· Various adjustments to the Aerodrome area which is offset by an Aerodrome Reserve transfer.

· Building Maintenance accounts have had increases and decreases across the schedules but overall is balanced to the annual allocation.

· Private Works expense and income have been increased proportionately due to an expectation this will exceed budget by end of year.

· Fuel Tax Credits (FTC) has been increased by $30,000 after the recent FTC review identified additional plant that could be claimed against.

The variations to the budget as listed above are the main changes that are predicted since the budget adoption. There are a large number of smaller variations as listed within the report.

On finalisation of the Budget Review there was a surplus of approximately $146,000. Officers have recommended this to be transferred to the Priority Projects Reserve for Council’s discretion to allocate to Priority Projects in the future.

If Council resolves to adopt the budget review, the predicted figures will form the amended budget and will become the budget that staff will reference for the balance of the financial year.

Consultation

Executive Services

Corporate Services

Community Services

Development Services

Engineering Services

Financial Implications

As detailed in the attached Budget Review documentation

Asset Management Implications

Nil

Statutory Implications

Local Government (Financial Management) Regulation 1996 – 33(a) Review of Budget

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.

Corporate Business Plan 2013/2014 – 2016/2017

4.5.15 Manage Financial Services

Environmental Considerations

Nil

Attachments

2013/14 Budget Review - Under Separate Cover

Audit Committee Recommendation

That Council adopt the 2013/14 Budget Review.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 March 2014 Page 136

12.4 Community Services

Item: 12.4.1

Community Arts and Activities Fund

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

File Ref: F13/668

Applicant

Community Services

Location/Address

N/A

Executive Summary

That Council considers the 2 Community Arts and Activities funding applications that have been received for the April School Holiday period.

Recommendation in Brief

That Council:

1. Approve $1,000 for the Cannery Arts Centre towards presenter fees and material costs of the April School Holiday program.

2. Approve $1,500 for ESCARE towards presenter fees and material costs of the Vacation Care program.

Background

The Community Arts and Activities fund has a total annual budget of $12,000. This is the third round of applications for this financial year.

The previous round of funding allocated $3,950, leaving $5,550 in the budget.

Two applications were received by the due date of 4:30pm Friday 28 February 2014. The applications are summarised below:

1. Cannery Arts Centre – April Kickarts program

Purpose: To provide arts and crafts workshops to the community that build on art and skill development. Funding will be utilised towards facilitator fees, healthy snacks and material expenses. This is a successful and regular program run by the Cannery.

Participants: based on previous events, it is anticipated that 90 children aged 6-12 years and 15 youth aged 13-25 will be participating.

Funding Request

Total Project Cost $5,280

Applicant/other contributions $4,280

Amount Requested $1,000

The Cannery Arts Centre has acquitted it’s previous funding accordingly.

2. ESCARE – Vacation Care Program

Purpose: To provide child care for primary school children with stimulating, engaging and interactive activities while in care. Funding will be utilised towards facilitator fees and material expenses for activities.

Participants: the program can accommodate up to 30 children per day, based on previous events the average attendance is 22 children per day.

Funding Request

Total Project Cost $10,500

Applicant/other contributions $9,000

Amount Requested $1,500

ESCARE have acquitted their previous funding accordingly.

Officer’s Comment

Both the Cannery Arts Centre and ESCARE have run previous activities that were well attended.

If both applications are approved, there will be $3,050 left for the remaining funding round for 2013/2014.

Consultation

The applications were reviewed by the Community Services Officer, the Manager of the Volunteer Resource Centre and the Director Community Services.

Financial Implications

There are no known financial implications from this report as the Community Arts and Activities Funding has already been budgeted for the 2013/2014 financial year.

If the officers recommendation is accepted there will be $3,050 remaining in the fund for the final funding round for 2013/2014.

Asset Management Implications

N/A

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.7 facilitate and promote the arts and cultural activities for all ages.

Environmental Considerations

N/A

Attachments

a View.	Application - Cannery Arts Centre - April Kickarts Program (TRIM Ref D14/3685)
b View.	Application - ESCARE - Outside School Hours Care (TRIM Ref D14/3686)

Officer’s Recommendation

That Council approve the following Community Arts and Activities Fund applications:

1. Cannery Arts Centre towards presenter fees and material costs of the April School Holiday program - $1,000

2. ESCARE towards presenter fees and material costs of the Vacation Care program - $1,500.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 146

Item: 12.4.2

Community Development Fund Review

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

File Ref: F13/360

Applicant

Community Services

Location/Address

Internal

Executive Summary

That Council endorses the amended framework for the provision of Council’s grant funding to the community.

Recommendation in Brief

That Council:

1. Adopts the change of name from Community Development Fund to “Community Grants Program”;

2. Adopts the Community Grants Program Guidelines; and

3. Advertises for applications for the 2014/2015 Community Grants Program during April 2014

Background

The Community Development Fund (CDF) was established in 2000 to provide an opportunity for all not for profit community based organisations to apply to council for support funding. Following the allocation of CDF for the 2013/14 financial year council requested a review of the program.

Officer’s Comment

The process of provision of grant funding has been reviewed and resulted in the identification of areas for improvement including the format of application, clarification of guidelines and redefined direction in alignment with the Strategic Community Plan. This has resulted in a proposed new framework which streamlines the funding program with unified objectives in a transparent, equitable and accountable manner while aligning to council strategies.

Key differences that the Community Grants Program provide are:

· Redefined program objectives that reflects the direction of the Strategic Community Plan;

· Clarification on CSRFF funding contribution;

· Grant funding categories refinement to 5 defined levels of funding;

· Clarification of eligibility criteria:

o Who is eligible and not eligible to apply;

o Types of projects, programs and activities that are ineligible for funding.

This includes applications that are seeking funding for employee salaries and wages, requests that are deemed to be regular ongoing operational costs of an organisation.

Note: council has previously debated these matters;

· Community Grant Program is not intended to be relied upon as a primary or recurrent source of funding. Note, council has previously debated this matter;

· Applicants can only apply for one application per grant category per budgeted financial year (with the exception of the Community Activity Program);

· Organisations must be not for profit and incorporated or auspiced by an incorporated body to apply for funding;

· Defined contribution rate for funding requests must not exceed 50% of the total project cost (excluding the Community Support Program);

· Clear definition of acknowledgement of Shire contribution;

· Successful applicants will be required to sign a grant funding acknowledgement that will detail funding conditions and accountability requirements;

· An Accountability report, including an expenditure statement, must be provided on the prescribed forms within 60 days of the completion of the project or the end of the financial year which ever falls first;

· Pre determined dates for the application period;

· Clear information on how to apply, application process and assessment;

· New application and accountability forms.

Consultation

This report has taken into consideration issues raised during discussions held with Council and executive staff following the current financial year’s allocation of the Community Development Funds.

Financial Implications

Council will make an annual budget allocation into the Community Grants Program.

Asset Management Implications

N/A

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012-2022

Theme1: Social Our Community, neighbourhoods, recreation and culture

Strategy 1.4: Encourage and support volunteers and community groups.

Corporate Business Plan 2013/2014 – 2016/2017

Theme 1: Social

Action: 1.4.2 Manage the Community Development Fund

Environmental Considerations

N/A

Attachments

a View.	Community Grant Program Guidelines
b View.	Community Grant Program Factsheets

Officer’s Recommendation

That Council:

1.Endorses the change of name from Community Development Fund to “Community Grants Program”;

2. Adopts the Community Grants Program Guidelines; and

3. Advertises for applications for the 2014/2015 Community Grants Program during April 2014

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 March 2014 Page 166

Item: 12.4.3

Management of Horses and Dogs on Castletown Quays Beach

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

File Ref: F12/83

Applicant

Community Services Department

Location/Address

Castletown Quays Beach

Executive Summary

This report seeks to establish guidelines for the management of horses and dogs in a safe and controlled manner on the Castletown Quays beach foreshore.

Recommendation in Brief

That Council:

1. Gives local notice that a portion of the dog exercise area on Reserve 27318 between Bandy Creek rock groyne and a point 50m to the north of the Esplanade cul-de-sac stairway will be closed between the hours of 4.00am and 8.00am until the Dogs Local Law can be reviewed so as to allow the permitted activity of horse riding to occur free of the hazard associated with uncontrolled dogs.

2. Invites applications for permits from horse owners to ride horses on the Castletown Beach foreshore between the Bandy Creek rock groyne wall and a point 50m to the north of the Esplanade cul-de-sac stairway between the hours of 4.00am and 8.00am.

Background

In 1977 the Racecourse Estate was established as a location where horses associated with the racing industry could be accommodated. Town Planning Scheme No.17 records the intent to develop and construct bridle trails to the beach on public open space adjacent to Bandy Creek.

Horses have been ridden on tracks along Daw Dr to Bandy Creek and onto Castletown Quays ever since.

In 2001 the Shire of Esperance Property Local Law was gazetted. It is unclear if there was any communication with the Racecourse Estate horse owners during formulation of the Local Law. Nevertheless, the Local Law was adopted with a Schedule 2 Determination (2.3(1)) That “A person shall not without the approval of the Local Government, drive or ride or bring any vehicle onto that portion of foreshore between Twilight Cove and Bandy Creek Boat Harbour except for the purpose of launching boats in designated areas.” The Local Law defines “vehicle” as including an animal being ridden or driven.

In 2002 the Shire of Esperance Dogs Local law was gazetted. Once again it is not clear if any consideration was given to the fact that horses and dogs on beaches were not compatible as the Local Law proclaims the beach area between James St and the rock groyne at the end of Castletown Beach as a dog exercise area between the hours of 5.00am and 8.00am daily.

In 2003 the owners of horse properties in the Racecourse Estate were advised of the development of the Flinders Housing Estate. In a letter to the Shire in response to the statutory advertising requirements the Esperance Bay Turf Club on behalf of the horse trainers in the Racecourse Estate sought to retain access to the beach (ref C103-4629). Horse owners were subsequently advised that there would eventually be restrictions on access to the beach as a result of residential development.

Over the intervening years there have been many complaints lodged with Shire Officers from horse riders complaining about dogs chasing horses and from dog owners about horses on the beach. There have also been complaints from other beach users about dogs and horses not being under control. This was brought to a head late last year and early this year following several incidents whereby horse riders were injured after their horses reacted to dogs acting aggressively towards them. Rangers subsequently sought advice from Executive Management on how to deal with the matter and the decision was made to enforce the Property Local Law restricting horse access onto the beach and to review the Dogs Local Law in relation to the Castletown Quays dog exercise area.

This action has resulted in a request by horse owners for reconsideration of this decision to enforce the Local Law based on the access rights to the beach originally provided under the Town Planning Scheme that supported the development of the Racecourse Estate as a location established specifically for horse owners.

Officer’s Comment

The Determinations established by Council under its Property Local Law may be amended or revoked by a decision of Council (Property Local law Section 2.6) and by providing Local Public Notice and inviting written submissions. Amending the Dog Local Law is a little more complicated and requires State wide advertising of intent to review the Local Law (Local Government Act 1976 Section 3.16).

Council also has the power to issue permits under its Property Local Law. Permits can be issued to individuals or bodies of persons (groups or organisations) and can have conditions attached.

The following options are available to council:

1. Enforce the provisions available under the Property Local Law to prohibit horses from the Castletown Beach foreshore due to concerns for the safety of animals and people in an area frequented by people, people with dogs, dogs off leash between 5.00am and 8.00am, and horses with riders.

2. Amend the Dogs Local Law to reduce the size of the dog exercise area by changing the northern boundary from the Bandy Creek rock groyne to a point 50m to the south of the Esplanade cul-de-sac stairway and invite applications for permits from horse owners to ride horses on the Castletown Beach foreshore between the Bandy Creek rock groyne wall and a point 50m to the north of the Esplanade cul-de-sac stairway between the hours of 4.00am and 8.00am. (this means that dogs must be kept on lead at all times within this shared use zone with a buffer of 100m between the end of the dog exercise area and the beginning of the horse permitted zone, council can also revoke a horse riding permit if the rider beaches any conditions)

3. Amend the Dogs Local Law to amend the hours of operation of the dog exercise area between the Bandy Creek rock groyne to a point 50m to the north of the Esplanade cul-de-sac stairway from the current times of 5.00am to 8.00am to after 8.00am and invite applications for permits from horse owners to ride horses on the Castletown Beach foreshore between the Bandy Creek rock groyne wall and a point 50m to the north of the Esplanade cul-de-sac stairway between the hours of 4.00am and 8.00am. (this means that dogs must be kept on lead up until 8.00am within this shared use zone and after 8.00am it becomes a dog exercise area thereby providing the benefit of additional off lead time to dog owners)

4. Make a Determination under the Local Government Property Local Law to set aside an area of the Castletown Quays foreshore between the Bandy Creek rock groyne wall and a point 50m to the north of the Esplanade cul-de-sac stairway for horse riding activities between the hours of 4.00am and 8.00am and amend the Dogs Local Law to amend the hours of operation of the dog exercise area between the Bandy Creek rock groyne to a point 50m to the north of the Esplanade cul-de-sac stairway from the current times of 5.00am to 8.00am to after 8.00am. ( this provides horse riders with guaranteed access onto a section of the Castletown Beach and dog owners with additional off lead time)

It is recommended that option 3 offers mutual benefits to horse riders and dog owners. The issue of permits to ride horses on the foreshore will enable council to impose conditions on horse riders as well as the ability to withdraw the permits if land use demands or breaches of permit conditions occur.

Amending the Dogs Local Law is a formal process and normally would take approx 3 months to finalise.

In the meantime it is suggested that Council uses Section 5.2 (2)(b) of the Dogs Local Law which provides authority to exempt the application of the declared dog exercise area to enable other permitted activities to occur. This exemption should be applied during the hours 4.00am to 8.00am until such time that the Dogs Local Law is amended.

Consultation

There has been no consultation other than by responding to complaints about enforcement of the provisions of the Property Local Law to restrict horse access onto Castletown Quays beach.

Financial Implications

The financial implications arising from this report are any advertising costs associated with amendments to Local Laws, beach signs, and potential additional administration costs for issuing and managing permits, an approximate total cost of $4,000. There is $45,000 remaining in the 2013/14 advertising budget as at 31^st December 2013.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Local Government Act 1995 Section 3.16 Procedure for review of Local Laws

Local Government Act 1995 Section 3.21 Local Government to ensure that danger to any person or property does not arise from anything done on land

Local Government Property Local Law 3.13 (1) (g) A person shall not without a permit drive or ride or take any vehicle onto local government property

Local Government Property Local Law 1.2 Definition of “vehicle” to include an animal being ridden or driven

Local Government Property Local Law 2.2 Procedure for making or amending determinations as to use of local government property

Local Government Property Local Law Schedule 2, Section 2.3, No vehicles on foreshore between Twilight Cove and Bandy Creek

Shire of Esperance Dogs Local Law Section 5.2, Places which are dog exercise areas

Dog Act 1976 Section 31 (2B) A local government may by absolute majority specify a public place to be a place where dogs are prohibited at all times or at specified times

Dogs Local Law Section 5.2 (2)(b) permitted activities permitted in dog exercise areas.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 1 Social

Strategy 1.5 Create and maintain a safe environment for the community

Corporate Business Plan 2013/2014 – 2016/2017

Action 1.5.2 manage Ranger Services and facilities.

Environmental Considerations

The issue of horse manure being left on the Castletown Beach has not been addressed or considered in this report. Staff have not received any complaints to date.

Attachments

a View.	Dogs Local Law
b View.	Property Local Law

Officer’s Recommendation

That Council:

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 204

Item: 12.4.4

Sports Facilities and Services Plan

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

File Ref: D13/7153

Applicant

Community Services Department

Location/Address

Internal

Executive Summary

This report provides a summary of the recommendations proposed by A Balanced View Leisure Consultancy following a review of the sports services and facilities available within the Shire of Esperance.

Recommendation in Brief

That Council receive the Shire of Esperance Sports Facilities and Services Plan November 2013 and seek to obtain feedback from sporting user groups.

Background

In August 2012 A Balanced View Leisure Consultancy Services was engaged to develop a Sports Facilities and Services Plan for the Shires of Esperance and Ravensthorpe. The project was funded by the Department of Sport and Recreation $25,000, the Shire of Ravensthorpe $10,000, and the Shire of Esperance $15,000.

The purpose of the report being to:

1. Identify the future sports facilities and services requirements and their recommended locations to meet the future needs of the community in the Esperance and Ravensthorpe regions for the next 20 years (to 2032); and

2. Provide recommendations and justification as to the role of the respective shires in servicing the sport and recreation industry in their jurisdiction.

This report relates to the Shire of Esperance only –

Key Findings:

Facility Audit (ref pages 19 – 20 and Appendix 1)

· Majority under peppercorn lease arrangements

· Many facilities could do with some refurbishment

· Clubs utilising cheaper building options for facilities out of town e.g. portable buildings

· Number of venues outside town need a major tidy up.

· GSG has significant potential for improvements

· Ovals are very good standard

· School ovals in poor condition

· Towns skate park in poor condition

· Satellite town facilities are basic

· Strategic planning by clubs is generally lacking

· Cost is major obstacle to facility development by clubs

Fees and Charges (ref pages 21 – 25 and Appendix 3))

This review suggests that there is no demonstrated need for the Shire to overhaul its fees and charges methodology other than to invoice according to season.

Assistance requested by clubs (ref page 38)

· Improved facility provision (33% required equipment permanently set up)

· Volunteer development

· Increased assistance from State Sporting Associations

· Promotion assistance

· Grant writing

· Ongoing funding for operational costs

· Usage fees reduction

· Event planning

· Longer lease agreements

Ballistic Sports (ref page 42)

All clubs open to discussion re-location or co-location.

Esperance Bay Gun Club does not want to move a long way out of town.

A large land parcel will be needed for any relocation of gun clubs.

New Sporting Clubs (ref page 44)

The report supports best practice facility planning principles which suggest that if the establishment of a new club is likely to result in duplication of resources for a sport that are already provided for in the region, it should not be supported. All opportunities for shared use facilities with compatible user groups should be explored to maximise sustainability outcomes.

Indoor Sports Stadium Feasibility Study (ref page 45)

The User Groups preferred option is for five indoor courts and three outdoor courts at an estimated cost of $13.7 million (ex. GST).

The report suggests renovation of the existing four indoor courts (Noel White pavilion court as a reduced size court) and three outdoor courts would be sufficient and provide for club growth over the next ten years if more flexible scheduling (court booking) arrangements could be made and the gymnastics group remained in other premises. The cost is estimated at $4.8million (ex. GST).

This issue was further reviewed in the Esperance Indoor Sports Stadium Feasibility Study V2 dated October 2013 and prepared by ABV Leisure Consultancy Services. A third option was introduced which included a second set of indoor/outdoor change rooms and an additional indoor court to provide 4 full sized courts and refurbishment of the Noel White pavilion as a multiuse activity space. The cost is estimated to be $8 million.

At the 25^th February Council meeting (Rec O0214-041) council endorsed option 3 as the preferred concept development option. The Greater Sports Ground Redevelopment Committee will now consider the issues of costs and staged development in the formulation of a business plan to progress this project.

Club House Facilities (ref pages 54 -55)

Rationalisation of Club house facilities will be a likely factor when considering the development of future facilities to meet multiple user group needs. Some opportunities for sharing of club house facilities have been missed e.g. motorsports, equestrian, mountain bike and model aero club precinct.

The report suggests shared club house facilities should be considered as the major club house facilities reach the end of their life span.

Bowls and Tennis Club House (ref pages 57 & 59)

The co-location of the bowls and tennis club facilities forms part of the GSG Redevelopment Plan.

Both the Tennis and Bowls Club are opposed to this happening. The Bowls Club facilities are used extensively by multiple groups and the community. It is considered that to accommodate both clubs with peak summertime seasons would require extensive duplication of facilities. The report suggests it would be more cost effective to retain the separate bowls and tennis club facilities as both clubs appear viable in the long term.

At the 25^th February Council meeting (Rec O0214-040) council endorsed the amendment to the GSG Redevelopment Master Plan 151-00174 by the removal of the Stage 8 requirement to co-locate the Esperance Bowling and Tennis Clubs.

Football Facility Review

Football can be accommodated through the retention of the current football facilities and the GSG oval upgraded to a multi-user premier level football venue. A separate report prepared by ABV for the WA Football Commission titled Esperance Football Facilities Review October 2011 supported the retention of existing football facilities which led to Council amending the GSG Redevelopment Plan to retain Ports Football Club on the Greater Sports Ground. (Council resolution O0312-011)

Facility needs for the Shire (ref pages 49 – 66)

Overall the Shire is well positioned to cater for growth in all sports. The report supports the current GSG Interim Development Plan and retention of existing active sporting reserves.

Priorities include:

· Increased soccer ovals

· If Hockey expands significantly investigate possible synthetic playing field

· Support for improved lighting for Esperance Hockey Association (recent CSRFF application unsuccessful)

· Support lighting for Ports Football Club

· Support Gibson Football upgrade of training lights (CSRFF application pending for 2014/15

round)

· A clubhouse and amenities feasibility study of GSG needs to be undertaken.

· Support refurbishments of club house facilities on an as needs basis. Investigate multi use

Clubrooms where suited.

Sports facilities should be enhanced by the provision of ancillary features – spectator shelters, seating, water fountains, practice nets, playground equipment etc, which make the grounds more attractive to spectators and families.

Aquatic Centre (ref pages 59 – 60)

Report suggests the future relocation of new aquatic facilities adjacent to the Indoor Sports Stadium should be assessed in a feasibility study once the current facility reaches the end of its life. It also recommends investigation into renewable energy to heat pools. BOILC has an agreement for free gas supply until 2022. This agreement is loose at best with minimal documentation on the agreement. Continued investigation and discussions need to be held with the gas supply company over the next 12 months to formally recognise the agreement and plan for future heating needs.

The addition of disabled change rooms should be considered adjacent to the hydrotherapy pool. This is included in the 2013/14 financial year budget subject to the attraction of grant funding.

Satellite Town Facilities (ref pages 61 – 64)

The report suggests there is limited rationale for the provision of additional recreation facilities in satellite towns other than where rationalisation or requests for minor improvements will improve sustainability and accessibility.

Support removal of tennis and hard courts in Condingup and turn into car park.

Support development of Salmon Gums Community Facility

Support removal of two old tennis courts in Cascade

Support removal of dilapidated facilities external to hall and removal of two tennis courts in Dalyup.

Esperance Skate Park (ref page 64)

A needs assessment and feasibility study for the Esperance Skate Park and planning for the design of a new or upgraded skate park and youth space should be commissioned. The skate park has recently been repaired to make it safe and to provide a life span of approx 12 months to enable planning for a new facility to be undertaken.

Maintenance of Facilities (ref page 65 – 66)

Shire needs to implement annual inspections of all club leased facilities and provide feedback to clubs.

Service Provision (ref pages 67 – 71)

The report suggests that in order to increase the strength and capabilities of clubs there is a strong need for a significant increase in the shire’s involvement in volunteer recruitment for sporting clubs. The suggestion is to employ a Volunteer coordinator to work alongside the Club Development Officer.

The report recommends the development of a strategic club development plan and a sports communication strategy.

Report Recommendations

The following table presents the recommendations proposed within this report to meet the needs of the Esperance sporting community.

The recommendations are prioritised Low, Medium, High and Very High so as to provide some guidance to the Shire on setting priorities when developing an Action Plan for the implementation of these recommendations.

The proposed timeframes are aligned with the Shire’s Growth Plan Document – Planning Our Future.

Short Term 2012 - 2016

Medium Term 2016 - 2026

Long Term 2026 – 2036

Area

Recommendation

Priority

Timeframe

FACILITIES

Active Reserves

(ref pages 49 – 51)

1. Retain existing sports ovals and implement the active reserve development proposals in the GSG Interim Layout Plan.

Comment: The Shire has committed to retaining Ports Football Club and oval on the GSG.(APO312-007 O0312-011)

High

Medium Term

Greater Sports Ground

(ref pages 51 – 52)

2. Commission the preparation of a new Greater Sports Ground Master Plan to take into account the latest developments and research findings affecting the precinct.

3. Within the Greater Sports Ground Master Plan, conduct a Clubhouse and Amenities Facilities Feasibility Study that examines multiple options for meeting the long term need of the user groups.

Comment: Existing club houses include: Hockey (multi sports pavilion managed by a user group Management Committee)), Basketball (Indoor Sports Stadium managed by a user group Management Committee), Badminton (proposed to be demolished) Netball (proposed to be demolished) Agricultural Society (Noel White pavilion, specific purpose sheds, and Indoor Sports Stadium rooms)

Soccer (share with Netball & sea container), Softball (share with Hockey) Ports Football and Cricket Club, Esperance Tennis Club (Club house & sea container), Bowling Club, Athletics (sea container)

Very High

Short Term

Sports Field Lighting (ref pages 52 – 53)

4. Support the Esperance Hockey Association for the development of a competition level hockey lighting system for a hockey field, with consideration given to a 500 lux system, to be planned within a new master plan for the Greater Sports Ground.

Comment: September 2013 CSRFF application unsuccessful

5. Support the Ports Football Club for the development of competition level lighting of the oval, with consideration given to a 250 lux system with 300 lux over the cricket wicket.

6. Support the Gibson Football Club for the development of upgraded training lights at Gibson Oval.

Comment: Application prepared for submission to current CSRFF round.

Medium

Short / Mid Term

Short term

Indoor Sports Courts ( ref pare 54)

7. Support Option 2 (4 renovated indoor courts and 3 outdoor courts) as the preferred model for development of the Esperance Indoor Sports Stadium, subject to the findings of further investigations as recommended within the Esperance Indoor Sports Stadium Feasibility Study.

Comment: Delete as this issue is subject to a separate report

High

Short Term

Clubhouse Facilities

(ref pages 54 – 55)

8. Support refurbishments and upgrades of existing clubhouse facilities according to principles in keeping with the Department of Sport and Recreation WA’s Community Sports and Recreation Facilities Fund where it is cost effective to do so.

9. In cases where a clubhouse is nearing the end of its lifespan and it is not cost effective to refurbish or upgrade, investigate and prioritise multi-user group options for development of new clubhouse facilities.

Case by Case Basis

Ongoing

Ancillary Features

(ref page 56)

10. Continue to support requests for ancillary feature provision at sports facilities through existing community development funding processes.

Case by Case Basis

Ongoing

Ballistic Sports Precinct

(ref pages 56 - 57)

11. Conduct a detailed investigation for potential sites to accommodate a Ballistics Sports Precinct.

12. Upon identification of a preferred Ballistics Sports Precinct Location, conduct a Ballistics Sports Precinct Feasibility Study which should take into account the relocation of the SSAAWA Esperance Branch, Esperance Pistol Club and Archery group in the short-medium term, and the relocation of the Esperance Bay Gun Club and Esperance Rifle Club in the long term.

Comment: Further discussions with clubs need to be undertaken to determine their requirements and priorities for relocation of gun clubs. Both Gun and Rifle Clubs currently have leases until 2030 and are happy with current facilities. The Sports Shooters Assoc does not have a permanent home. The Condingup Pistol Club is currently negotiating a land lease with Shire Administration staff.

High

Short Term

Tennis Facilities

(Ref page 57 & 58))

13. Continue to support the Esperance Tennis Club as a regional facility for the shire.

Comment: Council may prefer not to support a specific club so as to keep its options open in relation to future management of the tennis courts after expiration of the current lease.

14. Continue to support improvements to the existing facilities at the Esperance Tennis Club through its traditional community development funding processes.

Comment: The South Coast Tennis Club is a newly formed club and operates from Esperance Senior High School. The club has made approaches to the Shire for assistance in utilising current tennis facilities operated by the Esperance Tennis Club. The Esperance Tennis Club has a lease over their facilities until 2015 and has declined requests from the South Coast Tennis Club to utilise its facilities. After presentations by both clubs to Council the Shire has taken the position that it will not force the Esperance Tennis Club to share facilities and instead encourage dialogue between the two clubs to come to a mutual agreement. The shire has informed the South Coast Tennis Club that it will consider all parties when a decision is made regarding a new lease agreement in 2015.

Very

High

Ongoing

Golf Facilities

(ref page 58)

15. Monitor the situation of the Shires two fully reticulated golf courses and consider the long term sustainability implications for golf when assessing any future request for funding support from the shire.

Medium

Ongoing

Bowls Facilities

(ref page 59)

16. Support the retention of the Esperance Bowling Club Clubhouse facility within long term planning to meet the needs of the Esperance Bowling Club and other compatible user groups.

High

Short Term

Aquatic Centre

(ref pages 59 -60)

17. Retain space at the Greater Sports Ground adjacent to the Esperance Indoor Sports Stadium for the potential relocation of the Bay of Isles Leisure Centre in the medium to long term (2021 or beyond) or beyond.

18. Plan for the implementation of an alternative, cost effective source of pool heating that reduces reliance on costly fossil fuel consumption and have it implemented prior to the current free gas supply agreement finishing in 2022.

Comment: The CEO & Director Community Services met with representatives of Worley Parsons and the new owners of the Esperance Power Station, Infrastructure Capital, on 21^st Nov.2013 The supply of gas to 2022 may not be guaranteed under the new ownership structure. Further negotiation is expected.

High

Ongoing

Medium Term

Satellite Town Facilities

(ref pages 61 – 64)

19. Liaise with and support the Condingup Country Club to remove the two western tennis courts.

20. Liaise with and support the Condingup and Districts Recreation Association to remove the outdoor hard courts or convert to a parking area.

21. Support the development of the Salmon Gums Community Facility.

Comment: Council endorsed a land lease between the Shire and the Salmon Gums Development Group in August 2013.

22. Liaise with and support the Cascade Recreation Association to remove the two old tennis courts or convert to parking.

23. Liaise with and support the Dalyup Progress Association to remove dilapidated and unused facilities external to the hall including removing the two tennis courts.

24. Support requests for minor improvements to the Satellite town facilities that improve sustainability and accessibility.

Low

High

Low

Medium

Short Term

Short / Mid Term

Short term

Short Term

Ongoing

Esperance Skate Park

(ref page 64)

25. Commission a Needs Assessment and Feasibility Study for the Esperance Skate Park.

Comment: A Condition Report and Risk Assessment was received by Council in September 2013 which resulted in remedial works being undertaken to extend the life of the skate park for approx 12 months whilst consideration is given to a future skate park.

Very High

Short Term

Accountability for Maintenance of Existing Facilities

(ref page 65 -66)

26. Consider the implementation of an annual inspection of all sports club leased facilities through the appropriate department, including provision for feedback to be provided to clubs where significant issues exist.

High

Short Term

SERVICES

Volunteer Development

(ref pages 67 – 69)

27. Recognise the need to recruit and support the next generation of sports club volunteers.

28. With key stakeholders, consider the development of a Volunteer Development Coordinator position with the primary objective of recruiting and supporting new volunteers into the Shire’s sports clubs.

29. Seek public and private funding partnerships for the costs associated with the employment of the proposed Volunteer Development Coordinator.

Comment: An option is to expand the role of the Club Development Officer to include attraction and retention of volunteers. This could also become a function of EDRA in conjunction with the Volunteer Resource Centre.

Very High

Short Term

Club Development Officer Scheme

(ref pages 69 – 70)

30. Recognise the importance of maintaining the Club Development Officer position in to the long term future to support the continued development of the Shires sports clubs.

31. Liaise with the Dept. Sport & Recreation to ensure the Shire has a high level of contribution to future club development strategic planning for the region.

Comment: The current CDO funding agreement expires in June 2014. A further application has been submitted to extend the position to 2017.

Very High

Short Term

Communications Strategy

(ref pages 70 – 71)

32. Develop a Sports Communications Strategy, updated annually, for the purpose of improving communications between the Shire, sports clubs and the general community.

Comment: The Club Development Officer has the responsibility for distribution of news letters and establishment of a Sports calendar.

High

Short Term

Active Reserve Fees and Charges

(ref pages 21 – 25)

33. It is recommended that the shire consider invoicing active reserve users according to their seasons – summer and winter to assist with management of club finances.

Comment: Staff are currently reviewing the user groups fees structure and will present a report to council prior to the end of this financial year.

Medium

Short Term

OTHER

Action Plan

34. Develop an Action Plan for the implementation of the recommendations listed within this report.

High

Short Term

Annual Review of the Sports Facilities and Services Plan

35. Review the Shire of Esperance Sports Facilities and Services Plan on an annual basis to monitor progress of the implementation of the recommendations and to account for any changes within the financial, social, environmental or political operating environments that may impact on the sports facilities and services needs of the community.

Very High

Ongoing

Officer’s Comment

In the opinion of the consultants, the redevelopment of the GSG in accordance with the Interim Development Plan, including the retention of the Ports Football Ground and the expansion of the soccer fields to the east and the optimisation of the hockey grounds to the west, is likely to have the capacity to accommodate all growth requirements for the next 20 years. Other than for the Salmon Gums Community Centre, the report does not identify any new facility requirements for the rural communities.

The report also considered the types of services required to move sports clubs onto a path of increasing sustainability and self sufficiency. It is suggested that the Shire needs an increasing and significant involvement in volunteer recruitment and retention of the Club Development Officers position.

Recommendation 7 should be deleted as it is the subject of a separate report. Recommendation 13 may require further review before a decision is made to include it into the proposed Action Plan.

Consultation

The development of this plan has been underpinned by a broad consultative process that has enabled the community sporting groups and key stakeholders to express their views and needs with regards to future sports services and facility provision.

Financial Implications

The financial implications arising from this report will be determined during the development of the recommended Action Plan.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme: 1 Social

Strategy1.6 Develop and promote active and passive sport and recreational opportunities for all ages.

Corporate Business Plan 2013/2014 – 2016/2017

Action 1.6.1 Develop Sports Facility Master Plan and coordinate Implementation Schedule

Environmental Considerations

Nil

Attachments

Nil - Under Separate Cover

Officer’s Recommendation

That Council receive the Shire of Esperance Sports Facilities and Services Plan November 2013 and seek to obtain feedback from sporting user groups.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 213

Item: 12.4.5

Community Sporting and Recreation Facilities Fund (CSRFF) Small Grants Applications

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

File Ref: F12/173

Applicant

Community Services Department

Location/Address

Internal

Executive Summary

Council is required to consider its capacity to contribute funds towards the following projects, prioritize the applications for the CSRFF Small Grants Funding round and submit them to the Department of Sport and Recreation by 30^th March 2014:

Gibson Football Club – Lighting Upgrade $36,454 excluding GST

Esperance Tennis Club – Tennis Court Realignment and Resurfacing $33,000 excluding GST

Recommendation in Brief

That Council :

1. Pre-commits $36,454 from the Community Development Fund 2014/15 as contributory funding towards the Gibson Football Club lighting project on condition that CSRFF funding is approved;

2. Supports the submission of a CSRFF application to the Department of Sport and Recreation on behalf of the Gibson Football Club and recommends deferral of the Esperance Tennis Club application to the August 2014 CSRFF funding round; and

3. Prioritizes the applications - 1. Gibson Football Club

2. Esperance tennis Club

Background

The Department of Sport and Recreation (DSR) through the Community Sporting and Recreation Facilities Fund (CSRFF) provides financial assistance to community groups and local governments to develop infrastructure for sport and recreation. The program aims to increase participation in sport and recreation with an emphasis on increasing physical activity through well planned facilities.

During this year funding opportunities have been provided in 3 rounds:

· 2 Small Grant rounds for projects of less than $150,000 with applications due to DSR by the last working days of March and August

· 1 Annual and Forward Planning round for projects in excess of $150,000 with applications due to DSR by the end of September.

The maximum grant to be approved by DSR can be no greater than 1/3^rd of the total estimated project cost. The applicant must, as a minimum, match the CSRFF contribution. There is no obligation on the local government to make a contribution although most clubs will seek council’s financial support via the annual Community Development Fund (CDF)

Council is required to prioritize all CSRFF applications and forward its recommendations with the applications to the DSR Kalgoorlie office. DSR staff will then prioritize all applications from the Goldfields Esperance region and refer them to the CSRFF Advisory Committee at DSR in Perth for consideration of funding.

There are 2 applications that have been received for the March 2014 Small Grants round:

1. Gibson Football Club – Lighting Upgrade on Gibson Oval. Project cost $109,362 ex GST. The Club is seeking $36,454 from CSRFF and $36,454 from the Shire of Esperance

2. Esperance Tennis Club – Realignment and resurfacing of 6 aged courts. Project cost $100,528 ex GST. The Club is seeking $33,000 from CSRFF and $33,000 from the Shire of Esperance

Officer’s Comment

Both funding applications are supported by recommendations contained within the Shire of Esperance Sports Facilities and Services Plan. Recommendation 14 states “Continue to support improvements to the existing facilities at the Esperance Tennis Club through its traditional community development funding processes”; and Recommendation 6 states” Support the Gibson Football Club for the development of upgraded training lights at Gibson Oval”.

Both applications have merit. The Gibson Oval lighting project will expand the playing times and night time use by other clubs and organizations. The Esperance Tennis Club project will extend the life of the existing tennis courts and maintain them at a tournament competition standard.

Neither Club has approached the Shire for matching funding during the current financial year. Given that there are now 2 rounds of CSRFF funding in March and August of each year staff are of the opinion that it is premature for the Shire to be committing funding towards these projects until the Shires funding contribution can be confirmed.

Council has the option of not supporting either applicant on the basis that there is no committed funding by the Shire. This will encourage both clubs to make application to CDF, and if successful, they could then apply to the next CSRFF Small Grants Round in August with a commitment of funding from the shire.

Alternatively, Council can pre-commit funding from next years CDF to one or both of the projects. This could be strategically beneficial for the Clubs as there is a higher probability of at least one application being successful in each round.

If Council wishes to consider the option of pre-committing funding to a single applicant, it is staff opinion that the Gibson Football Club project should be supported as the No. 1 priority. The Esperance Tennis Club project cannot be considered as urgent maintenance and the courts would not be expected to deteriorate significantly between the current funding round and the next funding round whereas the Gibson Football Club would receive immediate benefits from an improved lighting system as we head into the winter sports season.

Option 1.

That Council :

1. Pre-commits $36,454 from the Community Development Fund 2014/15 as contributory funding towards the Gibson Football Club lighting project on condition that CSRFF funding is approved;

3. Prioritizes the applications - 1. Gibson Football Club

2. Esperance Tennis Club

Option 2

That Council :

1. Does not support either the Gibson Football Club or the Esperance Tennis Club applications for CSRFF funding until other funding sources have been confirmed; and

2. Invites the Gibson Football Club and the Esperance Tennis Club to submit applications to the 2014/15 Community Development Fund for Council’s 1/3^rd contribution towards each clubs CSRFF project.

Option 3

That Council :

1. Pre-commits $36,454 from the Community Development Fund 2014/15 as contributory funding towards the Gibson Football Club lighting project on condition that CSRFF funding is approved;

2. Pre-commits $33,000 from the Community Development Fund 2014/15 as contributory funding towards the Esperance Tennis Club court maintenance project on condition that CSRFF funding is approved;

3. Supports the submissions of CSRFF applications to the Department of Sport and Recreation on behalf of the Gibson Football Club and the Esperance Tennis Club; and

4. Prioritizes the applications - 1. Gibson Football Club

2. Esperance Tennis Club

Gibson Football Club Project

Expenses		Income	Cash	Inkind
Poles	$48,600	Shire of Esperance	$36,454
Lights (100 lux)	$33,624	Gibson Football Club	$36,454
Concrete Works	$6,120	CSRFF	$36,454
Crane Hire	$6,156
Electrical Works	$11,262
Site Prep & clean up	$1,350
Contingency 2%	$2,250
Total	$109,362	Total	$109,362

Esperance Tennis Club Project

Expenses		Income	Cash	Inkind
Earthworks and Asphalting	$8,376	Shire of Esperance	$33,000
Resurfacing 6 courts	$76,500	Esperance Tennis Club	$5,928
Fencing Materials	$6,265	CSRFF	$33,000
Cement & sundries	$600	Tennis Australia	$24,000
Labour x 200hrs	$4,000	Labour and donated materials		$4,600
Contingencies 5%	$4,787

Total	$100,528	Total	$95,928	$4,600

Consultation

The Gibson Football Club has been in liaison with the Department of Sport and Recreation and the Club Development Officer. The Esperance Tennis Club whilst liaising with the Department of Sport and Recreation has not utilized the Club Development Officer in the development of it’s funding proposal.

Financial Implications

The financial implications arising from this report will not impact on the Shire’s budget for the current financial year.

If both projects are supported Council may wish to pre-commit Community Development Funds of $69,454 to ensure these projects are not disadvantaged in their applications for CSRFF funds. If one club is to be supported then the pre-commitment will be for either $33,000 or $36,454.

Asset Management Implications

The Gibson Football Club leases the land (until 2036) on which it’s club rooms are constructed. It is noted on the lease that the lighting system is owned by the Gibson Football Club. The oval is considered to be Shire owned and managed. Whilst ownership of the current and proposed lighting system remains with the Gibson Football Club there will be no asset management implications to the shire.

The Esperance Tennis Club currently leases the entire tennis court and clubroom facilities until 2015. There has been no council decision on who will accept ownership of the tennis courts and club rooms on expiry of the lease. At this stage there are no asset management implications as the Esperance Tennis Club is considered to be responsible for the maintenance of all amenities and facilities under its lease agreement with the Shire.

Statutory Implications

Local Government Act 1995 Sec. 6.8 (1) (b)

A local government is not to incur expenditure from its municipal fund for an additional purpose except where the expenditure is authorized in advance by resolution.

Policy Implications

Policy CORP 004 Building and Property Leases Property Classification (iii) 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

1.4 Encourage and support volunteers and community groups

Corporate Business Plan 2013/2014 – 2016/2017

Action:1.4.2 Manage the Community Development Fund

Environmental Considerations

Nil

Attachments

a View.	Application for Oval Lighting - Gibson Football Club
b View.	Application for Maintenance & repair of Tennis Courts - Esperance Tennis Club

Officer’s Recommendation

That Council supports option 1 of the Officers Comments and:

1. Pre-commits $36,454 from the Community Development Fund 2014/15 as contributory funding towards the Gibson Football Club lighting project on condition that CSRFF funding is approved;

3. Prioritizes the applications - 1. Gibson Football Club

2. Esperance Tennis Club

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 285

Item: 12.5.3

Application for Extension of Easter Trading Hours

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

File Ref: F14/35

Applicant

Woolworths Limited

Location/Address

Executive Summary

Woolworths have applied for an extension to standard retail trading hours to allow them to open in Esperance on Easter Monday, 21 April 2014. No other application has been received and the Esperance Chamber of Commerce and Industry has adopted a formal position of not supporting an extension to trading hours over the Easter Period.

Rather than simply dealing with this application for a trading hours extension, the option also exists to initiate a long-term change to our existing trading hours to remove the need to consider temporary adjustments for each Christmas period.

Recommendation in Brief

That Council

1. Not support the application for an extension to retail trading hours on Easter Monday, 21 April 2014 for the Esperance Woolworths store.

2. Investigate the desire within the Esperance community for a permanent change to trading hours.

3. Request the CEO to report back to Council on the potential options and process for consideration of a permanent change to retail trading hours in Esperance, by the next Ordinary Council Meeting.

Background

Extensions to retail trading hours are regularly received by Council each year. Traditionally an extension in the lead-up to Christmas trading hours each year has been approved, while an extension for Boxing Day last year was supported by Council but declined by the Department of Commerce due to the Esperance Chamber of Commerce and Industry not supporting this extension.

In this instance the only application for an extension to Easter trading hours is from Woolworths, while the Esperance Chamber of Commerce and Industry has provided its opposition to any additional trading hours over this period.

An option exists to permanently adjust retail trading hours rather than undertaking the process on an annual basis. This requires consultation with local trader organisations, tourism interests and local members of State Parliament along with an opportunity for local community members to also comment on any extended trading proposal. While this is more onerous than the requirement to simply gain the support of the local Chamber of Commerce, as is the case for short-term adjustments, it would allow Council to make a long-term decision on holiday trading hours rather than having the consider to issue on an annual basis.

Any long-term adjustment would not negate the ability to still apply for an additional short-term adjustment, should an ‘event’ be occurring that would be supported by an extension of trading hours.

Officer’s Comment

The simple way of dealing with this issue would be to make a determination purely based on the Woolworths application for extended trading on Easter Monday this year. In this instance it would be recommended to purely proceed with item 1 of the Officer’s Recommendation.

The full Officer’s Recommendation provides the ability to survey the community regarding their interest in a range of potential changes to trading hours to ensure that any permanent change best fits the community’s requirements.

Consultation

The Chamber of Commerce and Industry has been advised of the request for an extension of trading hours over the Easter period and has provided the following information:

‘At the February Executive Committee meeting the below motion was endorsed which is reflective of the majority of businesses, both members and non members, from our engagement process.

MOTION: That the ECCI’s proposed Christmas trading hours 2014 are:

Monday 8 December to Friday 12 December: 8am to 9pm

Saturday 13 December: 8am to 5pm (normal trading hours)

Sunday 14 December: 10am to 4pm

Monday 15 December to Friday 19 December: 8am to 9pm

Saturday 20 December: 8am to 5pm (normal trading hours)

Sunday 21 December: 10am to 4pm

Monday 22 December, Tuesday 23 December: 8am to 9pm

Wednesday 24 December: Normal Trading

The ECCI does not recommend extended trading post-Christmas or over the Easter period.’

The Department of Commerce has also been consulted regarding this recommendation

Financial Implications

There are no financial implications arising from this report. Item three of the Officers Recommendation would include an identification of potential costs with the options and processes identified.

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item are governed by the Retail Trading Hours Act 1987. Any change (both temporary and permanent) requires recommendation by the relevant local government and approval by the Minister for Commerce.

Policy Implications

The policy implications arising from this report are contained within EXEC021: Community Engagement Policy.

Strategic Implications

Strategic Community Plan 2012-2022

Theme 4 - Civic Leadership

Strategy 4.4 – Actively engage with the community to inform decision making and improve conversations within the community.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council

1. Not support the application for an extension to retail trading hours on Easter Monday, 21 April 2014 for the Esperance Woolworths store.

2. Investigate the desire within the Esperance community for a permanent change to trading hours.

3. Request the CEO to report back to Council on the potential options and process for consideration of a permanent change to retail trading hours in Esperance, by the next Ordinary Council Meeting.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 288

Item: 12.5.4

Public Land Strategy

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

File Ref: F13/538

Applicant

Internal Report

Location/Address

Whole of Shire

Executive Summary

The Public Land Strategy has been undertaken on behalf of Council by Hester Property Solutions as part of the SuperTowns Economic Development Program, with part funding provided through the SuperTowns Project Development Fund 2011/12. At present the strategy has been provided exclusive of any properties contained within the Town Centre. This is to ensure that any comment regarding Public Land within the Town Centre is consistent with the Town Centre Revitalisation process currently underway. An addendum will be provided covering those properties within the Towns Centre as soon as the Town Centre Revitalisation process has progressed to the point that recommendations on these properties can be made with certainty.

In addition, the contract with Hester Property Solutions includes the establishment of a guiding policy framework for consideration of acquisition, management and disposal of property assets by Council. This is in the process of being prepared.

Recommendation in Brief

That Council

1. Endorse the attached Public Land Strategy.

2. Direct the CEO to commence the process of acting on the recommendations within the report only once both the Town Centre addendum and the policy guidelines have been endorsed by Council.

Background

The Public Land Strategy was identified as part of the Economic Development Program being undertaken through the SuperTowns process. It was instigated to ensure that consistent and informed decisions were being made by Council that maximized the economic and social returns of land owned and managed by the Shire.

The strategy document attached is the largest and most significant part of this project.

Officer’s Comment

In order to continue moving forward with this project it is important that Council review the outcomes and recommendations to this point.

Consultation

The Project Team for this project is the CEO, all Directors and the Manager Economic & Business development. This has ensured that the impact of any recommendations has been considered from all areas of the Shire. In addition several briefings and workshops have been conducted with Councillors to ensure opinions and input has been taken into consideration within the formulation of these recommendations.

In addition Hester Property Solutions have consulted with both Placematch (undertaking the Town Centre Revitalisation) and SGL (undertaking the Public Open Space Strategy) to ensure any recommendations are c

Financial Implications

There are no financial implications arising from endorsing this report at this stage.

Asset Management Implications

N/A

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 4: Civic Leadership

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.16 – Coordinate opportunities for Shire of Esperance Freehold properties

Environmental Considerations

N/A

Attachments

a .

Shire of Esperance Public Land Strategy - Confidential

Officer’s Recommendation

That Council

1. Endorse the attached Public Land Strategy.

2. Direct the CEO to commence the process of acting on the recommendations within the report only once both the Town Centre addendum and the policy guidelines have been endorsed by Council.

Voting Requirement Simple Majority

Item: 12.5.5

Development of a New Governance Structure for Tourism in Esperance

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

File Ref: F12/159

Applicant

Tourism Esperance

Location/Address

N/A

Executive Summary

Priority 1 of the Tourism Development Plan is the identification of a new governing structure for tourism in Esperance. Following the decision to not reinstate the Tourism Advisory Committee, Shire staff have been working with Tourism Esperance to facilitate this.

As part of this process the Shire CEO committed $2,500 to assist with this process. Tourism Esperance have now finalised a scope of works that they are comfortable will provide a blueprint for working towards a more functional governance of tourism than currently exists within Esperance, along with direction on a number of other points they believe is key to maximizing the potential benefits available from tourism. Tourism Esperance are intending to appoint KPP to undertake this work. KPP are currently undertaking the Short-Stay Accommodation Study for the Shire and it is believed that elements of the work they are currently involved in will improve the outcome of this proposed work.

Tourism Esperance is now requesting the Shire co-fund this work on a 50:50 basis with Tourism Esperance. Given that the quote for undertaking the full work is $12,176 a 50% contribution amounts to $6,088, considerably more than the original commitment that has been given.

Recommendation in Brief

That Council reaffirm it’s commitment to the process of assisting to facilitate the identification of a new (appropriate) governance structure for tourism in Esperance. This includes the existing offer of a monetary contribution of $2,500 (provided that the activities that money is being used for is also agreed to by the Shire CEO).

Background

The Council decided not to reinstate the Tourism Advisory Committee following last year Council elections due to its major activity being the development of a Tourism Development Plan, which had previously been adopted by Council. In addition the first Priority Action of the Tourism Development Plan was to identify a new governance structure for delivering tourism in Esperance. It was believed this could by facilitated effectively by direct officer involvement with Tourism Esperance (since Tourism Esperance was made up of virtually the same people as the Tourism Advisory Committee had been).

Since that time the Shire has offered to facilitate a workshop (in partnership with Tourism Esperance) between all identified stakeholders. Tourism Esperance was happy with this approach, but not with the Shire undertaking the facilitating role as they felt that the Shire would be unable to (or at least that some of the stakeholders would perceive the Shire to be unable to) act as an impartial facilitator given that we are also a stakeholder. They believed that the only way a facilitator would be acceptable was if the facilitator came from outside of the Esperance community.

The Chief Executive Officer of the Shire then offered to cover 50% of the costs of a professional facilitator (up to a maximum of $2,500) to undertake this process and provide a report detailing the outcomes, including the agreed role of each stakeholder in tourism in Esperance, and ultimately an agreed governance structure that would take tourism forward from this point.

The Shire’s Manager Economic and Business Development was appointed to work with Tourism Esperance to work towards this. The project team put in place by Tourism Esperance consists of:

- Cindy Poole & Wayne Halliday (Tourism Esperance)

- Trevor Ayers (Shire of Esperance)

- Shane Liddelow (Goldfields Esperance Development Commission)

During this process Tourism Esperance met with KPP as part of the Short Stay Accommodation project. Following this meeting they obtained a quote on achieving the following outcomes (the full proposal is attached). Due to the work KPP are already undertaking and the knowledge they have already gained, they are seen as the obvious candidate to also do this work.

Project Outcomes

1. Completion of a desktop review that identifies the economic value of tourism to the Shire of

2. Esperance region.

3. Profile of current and potential tourism markets, including leisure and business market segments.

4. Gap analysis that assesses the current and future visitor market profiles and development

5. requirements.

6. Provide a high level strategic review of the region’s strengths, weaknesses, opportunities and threats

7. as they relate to the 5 A’s of tourism (Access, Accommodation, Attractions, Activities, Amenities).

8. Recommendations relating to roles and responsibilities of key stakeholder organisations involved with

9. tourism at local, regional and state levels that are in line with priorities of the Tourism Development

10. Plan but from a delivery (visitor) perspective.

11. High level marketing strategy that identifies current marketing investment and the strategies and

12. investment required to drive increased visitation and maximise length of stay.

In order to ensure general stakeholder support with these outcomes the Goldfields Esperance Development Commission also sought comment on the proposal from the Esperance Chamber of Commerce and Industry, who they advise are supportive.

KPP clearly advised during this process that they didn’t believe that the issue of structure and governance can be addressed until there is a clear view of the market and future opportunities (in terms of visitors). They believe the existing Tourism Development Plan is entirely industry focussed and completely misses the current and potential visitor perspective. The above outcomes have been developed from this perspective.

Officer’s Comment

The recommendation made is in line with the commitment already made by the CEO. The additional funds requested appear to be due to the project scope being broader than originally discussed.

The additional work may well be important to the future of a vibrant tourism industry, however due to recent Council discussions around tourism it was felt appropriate for Council to consider any further support in this instance.

Consultation

In addition to the project team mentioned above, Tourism Esperance has advised (within their request for an additional contribution by the Shire) that they ‘have the strategic support of GEDC and ECCI in their involvement and support of progressing the scope as TE Ex Officio Board members’.

They have also provided support comments form the GEDC:

‘GEDC is currently the on ground link between tourism and government and this type of project fits well with our current remit of helping support business and industry. GEDC was heavily involved in developing the tourism development plan and logically we are very keen to implement some of the priority outcomes.

In addition to helping provide advice we can provide venue and some admin support if needed.’

Financial Implications

Currently $2,500 is already available to assist in this process. Any additional amount would also need its source to be identified. It is believed that the Community Development Fund would be the appropriate source for funding of this nature.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 3: Economy

Strategy 3.7 – Build skills, capacity and partnerships across the whole community to work towards a self sustaining Shire.

Corporate Business Plan 2013/2014 – 2016/2017

Action 3.7.1 – Provide support and advice to business and industry sectors and groups.

Tourism Development Plan

Establishing a new governance structure fro tourism is a priority action within the Tourism Development Plan.

Environmental Considerations

Nil

Attachments

KPP Scope - Confidential

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 March 2014 Page 294

Item: 12.5.6

Local Government Reform - Request for Support from Shire of Wagin

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

File Ref: D14/2022

Applicant

Shire of Wagin

Location/Address

Not Applicable

Executive Summary

For Council to consider a letter of support for the Shire of Wagin, requesting the Western Australian Local Government Association (WALGA) to oppose any moves from the State Government to force amalgamations of any local government(s).

Recommendation in Brief

That Council support the motion submitted by the Shire of Wagin opposing forced amalgamations and removal of the poll provisions.

Background

At the Goldfields Voluntary Regional Organisation of Councils (GVROC) meeting held on the 28 February 2014, GVROC considered the following request from the Shire of Wagin, from the Central Country Zone of WALGA:

1) That WALGA reject any moves by the State Government to force the amalgamation of local governments.

2) That amalgamations, mergers and boundary changes be supported by WALGA only if introduced and supported by the affected Local Governments.

3) That each Local Government community be entitled to hold a poll if structural change is proposed.

4) That this resolution be submitted to the Central Country Zone of WALGA for consideration by the zone.

5) That the Shire President circulates this resolution to ALL WA Local Governments via email and letter seeking their support and requesting that they submit this motion to their next Zone meeting for consideration.

At the GRVOC meeting the following resolution was made:

1. That GVROC request that WALGA:

a. reject any moves by the State Government to force the amalgamation of local governments; and

b. adopt as a matter of policy that amalgamations, mergers and boundary changes be supported but only if introduced and supported by the affected Local Governments.

2. That GVROC write to the Premier seeking assurance that that each Local Government community retains the right to hold a poll, as prescribed under Schedule 2.1 of the Local Government Act 1995 if structural change of any form is proposed.

While debating this item, it was also suggested that individual Local Government should confirm their individual positions on Local Government Reform.

From a Shire of Esperance perspective, Local Government Reform was last considered at the September 2013 Ordinary Meeting of Council. At that meeting Council resolved:

O0913-013

That Council oppose the proposed amendments to the Local Government Act 1995 to remove the Poll (Dadour) Provisions in Schedule 2.1.

Obviously this item specifically dealt with then proposed amendments to the Poll Provisions. Likewise since this meeting, Council has held an general election, and therefore it is appropriate for Council to review (or reconfirm) it’s position regarding Local Government Reform.

Officer’s Comment

For the benefit of new Councillors, Local Government Reform has been on the State Government Agenda since 2009, and has evolved now to a review of metropolitan Councils, with recommendations to significantly decrease the number of Metro Councils, through a number of mechanisms, potentially including forced amalgamations. Obviously this is concerning for local communities and individual Local Governments, who may not have any say in the process or result. Though the current focus is on metro reform, there is a distinct possibility that these “reforms” may be expanded to rural local governments.

WALGA, the peak body representing West Australian Local Governments, has consistently opposed forced amalgamations, advocating that local communities need to be involved in any decision to merge with other communities (and or local governments). To date, the Shire of Esperance has supported WALGA’s position, presenting a unified view from Local Government.

Much of the opposition for forced amalgamations is referenced to the “The Journey”, a report commission by WALGA on the future and sustainability of Local Government (commonly know as the SSS report, and referred to in the Shire of Wagin motion), which concluded amalgamations was not the answer to make Local Government more sustainable. Furthermore the State seems to be sending mixed messages regarding the value of amalgamations, specifically in the recent decision by the State’s Local Government Advisory Board, opposing the proposed amalgamation of the Shires of York, Cunderdin, Tammin and Quairading, despite all four Councils supporting the proposal.

To maintain solidarity within the Local Government sector, it is recommended that the Shire of Esperance support the position of the Shire of Wagin, by supporting it’s motion to WALGA.

Consultation

Goldfields Voluntary Regional Organisation of Councils (GVROC)

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

4.1 Ensure Councillors are representative of the community and provide strong and visionary leadership; and

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.1.1 Facilitate Councillors requirements to represent the community.

Environmental Considerations

Nil

Attachments

a View.

Attachment One

Officer’s Recommendation

That Council:

1) Support the Shire of Wagin’s proposed Motion to WALGA, specifically:

a. Rejection of any forced amalgamation of any Local Government;

b. That all amalgamations, mergers and boundary changes need to be supported by the effected Local Governments; and

c. Maintain the current ability for Local Government communities to a hold a poll if structural change is proposed.

2) Request the CEO to formally advise the Shire of Wagin, WALGA and GRVOC of Council’s position (above points) regarding Local Government Reform.

Voting Requirement Simple Majority

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)

Author/s	Helen Hall	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer

Author/s	Priscilla Davies	Manager Corporate Performance
Authorisor/s	Matthew Scott	Chief Executive Officer

Author/s	Amelia Fitzgerald	Engineering Administration Officer
Authorisor/s	Matthew Scott	Chief Executive Officer