24 June 2014 Page 1
11 June 2014
Shire of Esperance
Ordinary Council
An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 17 June 2014 commencing at 1.00pm to consider the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 24 June 2014 commencing at 4.00pm to consider the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
Ordinary Council: Agenda
24 June 2014 Page 2
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
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Name of Person Declaring the Interest:
Position: Date of
Meeting:
This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.
Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Signature: Date:
Office Use Only:
Officer Date |
Ordinary Council: Agenda
24 June 2014 Page 4
A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:
a) In a written notice given to the Chief Executive Officers before the Meeting or;
b) At the Meeting, immediately before the matter is discussed.
A member, who makes a disclosure in respect to an interest, must not:
c) Preside at the part of the Meeting, relation to the matter or;
d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.
Notes on Financial Interest (For your Guidance)
The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.
1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.
2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.
3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.
4. If in doubt declare.
5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.
6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:
6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or
6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.
Interests Affecting Proximity
1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;
a) a proposed change to a planning scheme affecting land that adjoins the person’s land;
b) a proposed change to the zoning or use of land that adjoins the person’s land; or
c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.
2) In this section, land (the proposal land) adjoins a person’s land if;
a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;
b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.
3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.
Interests Affecting Impartiality
Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.
A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;
a) In a written notice given to the Chief Executive Officers before the Meeting or;
b) At the Meeting, immediately before the matter is discussed.
Impact of an Impartiality Closure
There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.
With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.
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Ordinary Council: Agenda
24 June 2014 Page 7
TABLE OF CONTENTS
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
8. PUBLIC ADDRESSES / DEPUTATIONS
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
12.1.1 Approval of Modifications to Amendment 14 to Local Planning Scheme No. 23
12.1.2 Local Planning Scheme No. 23 Amendment 17
12.2.1 Public Open Space Review
12.2.2 Murray Road - Road Closure - South Coast Highway
12.2.3 Local Emergency Management Arrangements
12.2.4 Tender 0714 Supply & Delivery of Blue Metal Products
12.2.5 Tender 0314 Supply & Delivery Base Course Material
12.2.6 Tender 0514 Supply of Stormwater Drainage Products
12.2.7 Tender 0614 Supply and Delivery of Cement & Concrete Products
12.2.8 Tender 0414 Supply & Placement of Hotmix Asphalt
12.3.1 Lease - Esperance Playgroup relocation
12.3.2 Reassignment of Lease - Hangars 2 & 5 Esperance Airport
12.3.3 Appointment of Authorised Persons - Caravan Parks & Camping Grounds Act 1995
12.3.4 Delegations Register - Annual Review
12.3.5 New lease - Esperance Football and Sporting Club Inc.
12.3.6 Financial Services Report - May 2014
12.4.1 Community Grants Program - 2014/2015 Budget and Annual Applications
12.5.1 Information Bulletin June 2014
12.5.2 Identification of Next Stage of Flinders to be Developed
12.5.3 Integrated Planning and Reporting Documents
12.5.4 Public Land Asset Strategy Policy - Endorsement
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
17.1 Result of Tender RFT 08/14 - Sale of Land - Flinders Estate
Ordinary Council: Agenda
24 June 2014 Page 9
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 24 June 2014
COMMENCING AT 4.00pm
1. OFFICIAL OPENING
2. ATTENDANCE
Members
Cr M Heasman President Town Ward
Cr V Brown Deputy President Rural Ward
Cr N Bowman Rural Ward
Cr P Griffiths Town Ward
Cr 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
Mrs H Hall Executive Assistant
Ms S Fitzgerald Trainee Administraion Officer
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
10. CONFIRMATION OF MINUTES
That the Minutes of the Ordinary Council Meeting of the 27 May 2014, and the Special Council Meeting of the 10 June 2014 be confirmed as true and correct records. Voting Requirement Simple Majority |
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
Approval of Modifications to Amendment 14 to Local Planning Scheme No. 23
Author/s |
Peter Wilks |
Town Planner |
Authorisor/s |
Richard Hindley |
Director Development Services |
File Ref: F13/354
Applicant
Planning Services
Location/Address
Various
Executive Summary
To consider granting Approval for Modifications to Amendment 14 to Local Planning Scheme No. 23 that were requested by the Western Australia Planning Commission.
Recommendation in Brief
That Council resolve to grant Approval for Modifications to Amendment 14 and forward the Amendment No. 14 documentation to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.
Background
At the Ordinary Council Meeting on 26 November 2013, Council resolved:
That Council
1) Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 14.
2) Adopt Local Planning Scheme No. 23 Amendment No. 14 with the following modifications:
a) Modify Clause 6.8.4(c)ii so that it reads ‘Irrespective of Clause 6.8.4(c)(i) subdivision will not be supported unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use compatibility in Public Drinking Water Source Areas or is located in an endorsed Outline Development Plan Area.’
b) Modify the note under Clause 6.8.1 of Local Planning Scheme No. 23 – New wording to read ‘Public Drinking Water Source Protection Areas are defined on the Scheme Map in accordance with information provided by the Department of Water.’
3) Upon receipt of the modified document, Council adopt Local Planning Scheme No. 23 Amendment No. 14 for final approval, by:
i. Modifying Clause 5.11.2 by inserting ‘Tourist,’ after ‘Central Area,’.
ii. Modifying Clause 5.11.2(e) by inserting ‘Tourist,’ after ‘Central Area,’.
iii. Modifying Clause 5.11.3 by inserting ‘Tourist,’ after ‘Central Area,’.
iv. Adding a new clause 5.13.1.1 Setback Variation stating:
Where the setback from any highway or railway is less than 100 metres the Local Government will impose a condition on its planning consent for a dwelling or other noise sensitive premises requiring a Section 70A notification being placed on the title advising of the potential to be affected by transportation noise levels and proximity to highway and/or railway. The notification will need to be in place before a building permit is issued. Setbacks shall not be less than as specified in Schedule 8 unless an approved Outline Development Plan or Subdivision Guide Plan specifies otherwise.
v. Replacing Clause 5.15 Building Height with:
a) The height limit of any building that is not residential, industrial in nature or in the Central Area zone shall be limited to 9 metres.
b) The height limit of any building that is industrial in nature shall be limited to 12 metres.
c) The height limit of any building that is in the Central Area zone shall only be limited by plot ratio.
vi. Modifying Clause 5.18.1 to replace the line ‘Collection area (m2) = 120000 divided by 0.85 divided by (local rainfall-24mm)’ with ‘Collection Area (m2) = 120000 divided by (0.85 multiplied by (local rainfall in mm - 24mm))’
vii. Inserting the following clause into Part 5:
5.19 Vehicle Parking and Access
5.19.1 Sealing of Vehicle Parking and Access Areas.
All areas utilised for vehicle parking, manoeuvring, access, egress and storage in the Central Area, Tourist Residential, Industry – Business, Industry – General, and Shops and Offices zones are to be sealed, marked and formalised as per Australian Standard 2890.1-2004 as amended.
viii. Inserting the following clause into Part 5:
5.20 Bed and Breakfast and Holiday Home Requirements
5.20.1 Effluent Disposal
Where Bed and Breakfast and Holiday Home uses are proposed, the site is to either be connected to sewer, or the effluent disposal systems are to be of suitable quality and size.
ix. Inserting the following clause into Part 5:
5.21 Coastal Development
5.21.1 Interpretation
In this part, Coastal Development includes but is not limited to rezoning, structure planning, subdivision, strata subdivision and/or development of coastal land, as determined by Council and may apply in any zone.
5.21.1.1 All coastal development is to comply with the provisions of State Planning Policy 2.6 - State Coastal Planning Policy.
5.21.1.2 In accordance with section 77 (b) of the Planning and Development Act 2005, the provisions of State Planning Policy 2.6 - State Coastal Planning shall apply as if they were part of this Scheme.
5.21.1.3 An application for planning approval will be required for Coastal Development, notwithstanding clause 8.2 of this Scheme’
x. Inserting the following Clause into the Scheme as Clause 6.13.3.5.
Notwithstanding clause 6.13.3.1 a local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements for the Structure Planning Area.
xi. Deleting Clause 6.4.11(c) and renumbering Clause 6.4.11 accordingly.
xii. Replacing Clause 6.8.1with:
The purpose of SCA 4 is to provide guidance for land use or development for the protection of public drinking water source areas
xiii. Replacing Clause 6.8.2 (a) with:
provide a basis for the protection of public drinking water resources (PDWSA) through the control of land use or development, which has the potential to prejudice the quality of water supplies for public use;
xiv. Replacing Clause 6.8.2 (b) with:
identify land that has been designated as groundwater reserves and surface catchment areas that supply public drinking water;
xv. Inserting the following clause after Clause 6.8.4(b):
6.8.4(c) Minimum Lot Sizes for Rural Residential and Country Town zones
(i) Where subdivision of land zoned Rural Residential or Country Town is proposed within Special Control Area 4, the minimum lot sizes for shall be as follows:
Priority Area 1 – No Permitted Subdivision
Priority Area 2 – 2 Hectares
Priority Area 3 – 1 Hectare
(ii) Irrespective of Clause 6.8.4(c)(i) subdivision will not be supported unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use compatibility in Public Drinking Water Source Areas or is located in an endorsed Outline Development Plan Area.
xvi. Replacing Clause 6.8.5(b) with:
Esperance Water Reserve Drinking Water Source Protection Plan and other plans associated with outlying Country Towns;
xvii. Replacing Clause 6.8.5(i) with:
For the purposes of this Scheme the groundwater reserves for the Country Town zones will be deemed to be a Priority 2 (P2) and a wellhead protection zone of 300 metres will apply for all public drinking water supply bores unless the Department of Water indicates otherwise.
xviii. Inserting the following clause after Clause 6.11.4(h):
6.11.4(i) Where the subject lot is affected by Clause 6.8 – Public Drinking Water Source Protection Areas – Special Control Area 4 and Clause 6.11 – Blue Haven and Second Beach Special Control Area 7, the following minimum lot sizes for subdivision shall apply:
(a) In accordance with the Drinking Water Source Protection Areas, a minimum lot size of 1 hectare where the development is not proposed for connection to reticulated sewer.
(b) Otherwise a minimum lot size in accordance with the Residential Design Codes will apply subject to an Outline Development Plan being prepared and reticulated sewer being provided.
xix. Modifying Schedule 2 - Additional Use A4 by changing the base zone to Country Town.
xx. Modifying Schedule 2 by removing A5 in its entirety.
xxi. Inserting ‘Bulk Storage Facility’ into the Land Use Table as a ‘D’ use in the Industry – General and Agriculture – General zones , and as an ‘X’ use within all other zones.
xxii. Inserting ‘Storage’ into the Land Use Table as a ‘P’ use in the Industry – General zone a ‘D’ use within the Industry – Business zone and an ‘X’ use within all other zones.
xxiii. Amending the Land Use Table to add ‘Motel’ as a ‘D’ use in the Tourist zone.
xxiv. Amending the Land Use Table to add ‘Group Dwellings’ as an ‘A’ use in the Central Area zone.
xxv. Amending the Land Use Table by making ‘Dwelling an ‘X’ use in the Central Area zone.
xxvi. Inserting ‘Multiple Dwelling’ as a use into Table No. 1 – Zoning and Land Use Table as a ‘D’ use within the Residential, Tourist Residential and Central Area zones, and as an ‘X’ use within all other zones and inserting the definition of ‘Multiple Dwelling’ into Schedule 1 as: has the same meaning as in the Residential Design Codes.
xxvii. Inserting ‘Multiple Dwelling’ as a definition into Schedule 1 – Dictionary of Defined Words and Expressions within the following definition – “has the same meaning as in the Residential Design Codes.”
xxviii. Inserting ‘Community Purposes’ as a use into Table No. 1 – Zoning and Land Use Table as a ‘D’ use within the Industry – Business and Central Area zones, as an ‘A’ use within the Country Town and Shops and Offices zones and as an ‘X’ use within all other zones.
xxix. Inserting ‘Nursery’ as a use into Table No. 1 – Zoning and Land Use Table as a ‘D’ use in the Agriculture – General and Rural Smallholdings zones and a ‘A’ use in the Rural Residential and Industry – General zones.
xxx. Inserting ‘Nursery’ as a definition into Schedule 1 – Dictionary of Defined Words and Expressions with the following definition – “means land and buildings used for the propagation, rearing and sale of plants, and the storage and sale of products associated with horticultural and garden decor.”
xxxi. Modify the note under Clause 6.8.1 of Local Planning Scheme No. 23 – New wording to read ‘Public Drinking Water Source Protection Areas are defined on the Scheme Map in accordance with information provided by the Department of Water.
4) Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 14 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.
5) Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 14.
On 28 March 2014, the Western Australian Planning Commission requested a number of modifications (see Attachment A) prior to the issuance of Final Approval for the Amendment. Subsequently the modifications were readvertised for three weeks between 2 May 2014 and 23 May 2014.
Officer’s Comment
Subsequent to the Amendment being referred to the Western Australian Planning Commission for Final Approval, additional modifications were requested by the Commission. The requested modifications were as follows:
1) Modify Clause 6.8.4(c)ii -
‘Irrespective of Clause 6.8.4(c)i subdivision will not be supported unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas or is located in an endorsed Outline Development Plan Area’.
2) Modify the note under Clause 6.8.1 –
‘Public Drinking Water Source Protection Areas are defined on the Scheme Map in accordance with information provided by the Department of Water’.
3) Modify Table No. 1 Zoning and Land Use Table –
‘Holiday Home’ to become a ‘D’ use within the Tourist Zone
4) Modify Table No. 1 Zoning and Land Use Table
‘Dwelling’ to become an ‘X’ use within the Tourist Zone
5) Insert additional objectives (c and d) within Clause 4.2.2 Tourist Residential Zone Objectives:
The objectives of the Tourist Residential Zone are to –
c) ensure that short stay tourist and holiday accommodation remain the predominant land uses within the zone;
d) ensure the delivery of high quality tourist outcomes and tourist benefit as a priority.
6) Insert additional clause within Part 5 General Development Requirements of LPS23 –
5.19 Tourist Residential Development Requirements
Council may approve a combination of tourist accommodation and permanent residential accommodation on the same site within the Tourist-Residential zone provided that it complies with the following:
a) The predominant use of the site remains for short stay tourist, holiday accommodation and other tourist uses.
b) The proposal is not in an isolated location and considers the broader planning and settlement context of the area.
c) Physical infrastructure and services are or will be available, including consideration of the urban infrastructure requirements of a permanent population where residential is proposed.
d) The scale and design of the site complements the surrounding landscaping and character of the area, with the tourist component given priority in those areas of highest tourism amenity (e.g. the beachfront).
e) Proposals with a residential component are integrated with both the tourist uses and management structure of the proposal.
f) Where strata titling is proposed, appropriate management arrangements are in place, via a management state, including a maximum length of stay provision of three months in any twelve month period applied to the tourism accommodation component on all developments.
g) Where tourist development and permanent residential accommodation are developed on the same site, the protection of residential amenity through careful design of both facilities and accommodation on the site shall occur in order to minimise disturbance and conflicts between land uses.
The nature of these modifications mandated an additional three weeks of advertising which were undertaken between 2 May 2014 and 23 May 2014 and involved:
· Advertising notice in the Esperance Express – 2 May 2014;
· Amendment documentation being available via the Shire of Esperance’s website; and
· Referral letters to government departments and servicing agencies.
A full copy of Amendment 14 is available upon request and a copy of the Commissions requested modifications are available upon request.
Consultation
LPS 23 Amendment No. 14 was advertised for public comment in accordance with the provisions of the Town Planning Regulations 1967 and the Planning and Development Act 2005.
No objections and five non-objections were received (see Attachment B).
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are:
· Planning and Development Act 2005
· Town Planning Regulations 1967
· Local Planning Scheme No. 23
Policy Implications
The policy implications arising from this report are:
· Local Planning Strategy
Strategic Implications
Strategic Community Plan 2012-2022
Economic
3.8 Facilitate and guide high quality and efficient building and development across the Shire.
Environmental Considerations
Nil
aView. |
Requested Modifications |
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bView. |
Schedule of Submissions |
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That Council 1) Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 14. 2) Adopt Local Planning Scheme No. 23 Amendment No. 14 with the following modifications:
a) Modify Clause 6.8.4(c)ii - ‘Irrespective of Clause 6.8.4(c)i subdivision will not be supported unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas or is located in an endorsed Outline Development Plan Area’.
b) Modify the note under Clause 6.8.1 – ‘Public Drinking Water Source Protection Areas are defined on the Scheme Map in accordance with information provided by the Department of Water.
c) Modify Table No. 1 Zoning and Land Use Table – ‘Holiday Home’ to become a ‘D’ use within the Tourist Zone
d) Modify Table No. 1 Zoning and Land Use Table ‘Dwelling’ to become an ‘X’ use within the Tourist Zone
e) Insert additional objectives (c and d) within Clause 4.2.2 Tourist Residential Zone Objectives: The objectives of the Tourist Residential Zone are to – c) ensure that short stay tourist and holiday accommodation remain the predominant land uses within the zone; d) ensure the delivery of high quality tourist outcomes and tourist benefit as a priority.
f) Insert additional clause within Part 5 General Development Requirements of LPS23 – ‘5.19 Tourist Residential Development Requirements Council may approve a combination of tourist accommodation and permanent residential accommodation on the same site within the Tourist-Residential zone provided that it complies with the following: a) The predominant use of the site remains for short stay tourist, holiday accommodation and other tourist uses. b) The proposal is not in an isolated location and considers the broader planning and settlement context of the area. c) Physical infrastructure and services are or will be available, including consideration of the urban infrastructure requirements of a permanent population where residential is proposed. d) The scale and design of the site complements the surrounding landscaping and character of the area, with the tourist component given priority in those areas of highest tourism amenity (e.g. the beachfront). e) Proposals with a residential component are integrated with both the tourist uses and management structure of the proposal. f) Where strata titling is proposed, appropriate management arrangements are in place, via a management state, including a maximum length of stay provision of three months in any twelve month period applied to the tourism accommodation component on all developments. g) Where tourist development and permanent residential accommodation are developed on the same site, the protection of residential amenity through careful design of both facilities and accommodation on the site shall occur in order to minimise disturbance and conflicts between land uses.
3) Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 14 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning. 4) Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 14.
Voting Requirement Simple Majority
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24 June 2014 Page 25
Local Planning Scheme No. 23 Amendment 17
Author/s |
Peter Wilks |
Town Planner |
Authorisor/s |
Richard Hindley |
Director Development Services |
File Ref: F13/909
Applicant
Whelans Town Planning on behalf of Rosecopter Investments Pty Ltd
Location/Address
Lot 37 Sinclair Street, Castletown
Executive Summary
For Council to consider initiating Amendment No. 17 to Local Planning Scheme No. 23 for the rezoning of Lot 37 Sinclair Street, Castletown from “Residential” to “Industry – General”, “Reserve – Parks, Recreation and Conservation – Local” and “Restricted Use 1”.
Recommendation in Brief
That Council resolve to initiate Amendment No. 17.
Background
Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 23 (‘the Scheme’) was published in the Government Gazette on 19 February 2010.
Under the Scheme, Lot 37 Sinclair Street, Castletown otherwise known as the old Drive-in Site is currently zoned “Residential” with a designation of Development Area 1.
Whelans Town Planning lodged a submission detailing the proposed amendment for preliminary advice on 4 September 2013.
The amendment was formally lodged on 3 June 2014, and is now being presented to Council for initiation.
Officer’s Comment
The amendment site comprises 40,338 square metres of vacant land. The subject site currently has no R-Code applied which limits development to an R12.5 density (1 lot or dwelling per 800 square metres) in accordance with Clause 5.3.1(e) of the Scheme. Potential residential use is heavily limited by requirements of the Scheme that no access will be permitted from Fisheries Road, and also from the cost associated with providing a reticulated sewer service to any lot under 2000 square metres as per Department of Water requirements.
The proposed rezoning is to allow for the site to be used as a depot for both earthmoving equipment and transport vehicles with ancillary storage units. Due to the application of “Restricted Use 1” all land uses other than ‘Earthmoving Equipment – Depot For’, ‘Industry – Light’ and ‘Transport Depot’ no other industrial uses will be permitted under this amendment. This will reduce the impact on adjoining residential properties by preventing other industries from operating from the site.
To further reduce the impact on adjoining residential properties a 15 metre buffer area is proposed between the residential properties and the main area of industrial activities. This area will be zoned “Reserve – Parks, Recreation and Conservation – Local” and prevent development within the buffer area.
Consultation
A 42 day advertising period applies for amendment which will commence upon receipt of comments from the EPA.
Financial Implications
$5,100 worth of application fees were received as part of this amendment.
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are:
· Planning and Development Act 2005
· Town Planning Regulations 1967
· Local Planning Scheme No. 23
Policy Implications
The policy implications arising from this report are:
· Local Planning Strategy
Strategic Implications
Strategic Community Plan 2012-2022
Economic
3.8 Facilitate and guide high quality and efficient building and development across the Shire.
Environmental Considerations
Nil
a. |
Amendment Document - Under Separate Cover |
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That Council, pursuant to Section 75 of the Planning and Development Act 2005 resolve to: 1. Initiate Local Planning Scheme No. 23 – Amendment No. 17. 2. Amend Local Planning Scheme No. 23 by: a) Rezoning Lot 37 Sinclair Street, Esperance from “Residential-Development Area 1” to “Industry – General”, “Parks, Creation and Conservation – Local” reserve and “Restricted Use 1”, and amending the Scheme Map accordingly. b) Including a new entry within Schedule 3 – Restricted Uses in appropriate numerical order as follows:
c) Removing Development Area 1 from Schedule 14. 3. Refer Amendment No. 17 to the EPA under Section 81 of the Planning and Development Act 2005. 4. Determine that Local Planning Scheme No. 23 – Amendment No. 17 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.
Voting Requirement Simple Majority
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24 June 2014 Page 28
12.2 Engineering Services
Public Open Space Review
Author/s |
Sam Morrison |
Business Improvement Analyst |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F13/895
Applicant
Sam Morrison
Location/Address
Whole of Shire
Executive Summary
The Public Open Space Review draft document was received by Council on 22 April 2014 and to be subject to public comment for 21 days.
Recommendation in Brief
That Council
1. Adopt the Public Open Space Strategy with the following adjustments –
a) The addition of Shoresands Reserve on Gunton Circle as a local park.
b) The addition of Fisheries Rise Reserve on Fisheries Road as a local park.
c) The Esperance Foreshore Regional Open Space be divided into two sub sections that represent the Esperance Waterfront section from the Tanker Jetty to Andrew Street and the Southern Section from Andrew Street to Adventureland Park.
2. Direct the Chief Executive Officer to prepare a costed and prioritised implementation schedule for the Public Open Space Strategy.
Background
The draft report was submitted to Council on 22nd of April 2014 recommending that the report be received by Council and be advertised for public comment for a period of 21 days. The draft report advertised issues such as: -
- reserve hierarchy systems
- facilities associated with the reserve hierarchy
- suggested locations for these reserves
The draft report made a number of general recommendations which provided directions in the way reserves are to be developed and provided a strategic actions section with a number of recommendations aimed more at policy issues to be applied to the treatment of and retention of public open space.
The draft report also makes a number of specific recommendations in regards to particular reserves and actions required.
Officer’s Comment
The process for the Public Open Space Report is nearing completion with the final stage being the adoption of the report by Council with adjustments resulting from the public consultation process. The next stage would be the implementation of recommendations contained in the report including the development of a prioritised implementation plan to include –
1. Review each reserve listed in the report, where required review the design, and where required,
adjust the design.
2. Review the assets within all reserves and prepare replacement programs e.g.
§ Playgrounds
§ Irrigation
§ Park furniture
§ Shelter
§ Paths
The above actions would be undertaken using Open Space Design Principles authorised in the draft report in line with the proposed public open space framework. These actions would enable budget estimates to be prepared and used for future budgets on a priority basis.
The Esperance Waterfront having gone through a recent major design process which is currently being implemented would not require any further action.
Consultation
Two submissions were received following 21 days of public consultation regarding the Public Open Space strategy. These are contained in the attachment (Schedule of Submissions) that outlines the submissions and officer’s responses to the submissions.
The issues raised were around the exclusion of two parks that will now be included. Also some adjustment is required to the definition of the Esperance Foreshore as a regional park to reflect the work that is nearing completion on the Esperance Waterfront section.
The other submission raised the issue of the suitability of the Greater Sports Ground as a regional open space and its current functionality as a sporting facility and show grounds.
Financial Implications
Council will need to budget additional capital funds in the future financial years to allow the implementation of the POS review. Currently there is an allowance of approximately $175,000 (funded from municipal funds and reserves funds) in the draft long term financial for implementing recommendations form the POS review in 2014/15. Further funding has been identified to be funded from land sales such as the subdivision of the existing Collie Street freehold lot.
Further financial implications will be identified as part of the implementation plan which will be developed following adoption of the POS Review by Council.
Asset Management Implications
By incorporating a hierarchy of parks this will allow Council to concentrate its limited funds in terms of renewing and upgrading existing infrastructure in Public Open Space. The POS review indicates that Council should be concentrating its funding to Regional and Precinct Parks, while allowing infrastructure to reach the end of its useful life in local parks and not to replace that infrastructure.
Once public consultation has been completed and Council adopts a final document the next stage is for the development of a costed and prioritised implementation plan that will include development plans for Regional and Precinct parks.
Statutory Implications
Nil
Policy Implications
The POS Review will be used to develop a Public Open Space Policy that will be utilised for the development of future POS areas.
Strategic Implications
Strategic Community Plan 2012-2022
Social
1.1 Create a social environment that is accessible and inclusive for all ages and abilities
1.6 Develop and promote active and passive sport and recreation opportunities for all ages
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 2.3.2 Develop Public Open Space Strategy and coordinate implementation schedule
Environmental Considerations
Nil
aView. |
Schedule of Submissions |
|
Officer’s Recommendation That Council, 1. Adopt the Public Open Space Strategy with the following adjustments – a) The addition of Shoresands Reserve on Gunton Circle as a local park. b) The addition of Fisheries Rise Reserve on Fisheries Road as a local park. c) The Esperance Foreshore Regional Open Space be divided into two sub sections that represent the Esperance Waterfront section from the Tanker Jetty to Andrew Street and the Southern Section from Andrew Street to Adventureland Park. 2. Direct the Chief Executive Officer to prepare a costed and prioritised implementation schedule for the Public Open Space Strategy.
Voting Requirement Absolute Majority
|
24 June 2014 Page 32
Submission Received from Malcolm Heasman 16/05/2014
Public Open Space Reference This is where we put in what section of the plan the feedback or suggestion is referring to |
Feedback/ Suggestion Sections taken from the submission |
Shire’s Response How are we going to respond to the feedback suggestion
|
4.1.2. Salient Issues
5.2. Specific actions |
Regional play Spaces: No mention of the Waterfront Development and an over emphasis on Adventureland Park (particularly due to land tenure issues) |
While the Esperance Waterfront is mentioned within the existing report in sections 4.1.2. and 5.2. the emphasis was on the development of the southern section being Adventureland Park In regards to the area designated as Esperance foreshore further text needs to be added to the document to reflect that there are two sub regions within the Esperance Foreshore play space. The Esperance Waterfront (headland to Andrew Street) when completed will meet all the requirements of a regional play space and should be the example of any similar development. The Southern Section (Andrew Street to Adventureland Park) is an area that needs further development works via a masterplan process to elevate to the same standards as the Esperance Waterfront. Recommend the document is updated to reflect the above. |
|
Local Play spaces: Shoresands Park on Gunton Circle is completely omitted despite being constructed 8 years ago and the only local park for Shoresands, North Road and lower Easton Road near the school. |
Shoresands Park on Gunton Circle was omitted from the draft report. The report should be amended to include Shoresands Park as a local playground. |
|
Local Play Spaced: Fisheries Rise Park omitted even though it is a usable play space and with some play equipment superior to the park in Dixon Park. |
Fisheries Rise Park was omitted from the draft report. The report should be amended to include Fisheries Rise Park as a local playground. |
Submission received from Esperance & Districts Agricultural Society Inc
Public Open Space Reference |
Feedback/ Suggestion |
Shire’s Response |
|
The EDAS believes using an open space within the Greater Sports Ground is of no benefit to the community as a whole now and/or in the future. With reference to our statement please keep in mind the following: - The GSG placement within the town is not surrounded by a young population. It is enclosed by a rail line, Shire works depot, the older community including retirement housing, a pool recreation facility, bowling grounds and the CBD. - Retaining the integrity of this space as a Multi-Faceted Sports Ground. The ISSC is about to embark on a large development of this land as a diverse sporting ground. - By placing a large playground facility within the surrounds of the GSG you will be reducing the amount of space available to the EDAS to hold the Agriculture Show (the largest community gathering in Esperance annually) would be in jeopardy if the show needed to be partially relocated onto other grounds outside of the Greater Sports Ground. - If you refer to the Section 3.2, number two ‘Online Survey’ on page 7 in the Draft Report, it clearly states the most popular areas are “Coastal Parks” (the foreshore upgrade park), Nature & Conservation Parks (Adventureland Park) and local parks and playgrounds of which we have Lions Park and Laylor Park among other community park spaces noted in the assessment of ‘open space precincts’ detailed within the report on page 7. - If you refer to Section 3.2, number three ‘Online Survey’ on page 7 in the Draft Report it also states “35% of the population visit sporting reserves at least once per week”. Given the isolation of Esperance as a town, surely the majority of people living and visiting the GSG would be for sporting reasons only? - Accepting the closeness of the Foreshore Park, Adventureland Park and a possible third park placed within the Grater Sports Ground, couldn’t it be considered a misuse of funding when three such similar facilities are so close in proximity? |
The GSG currently meets the requirements of a regional playspace as most of the facilities defined in the POS draft report under the hierarchy proposed are already in existence. - Given the above playground facilities are considered appropriate - A reserve of this type is a destination for sport including families which have children of all ages many of which would potentially use a playground whilst others are playing sport. - Through observation and wear of the existing play equipment there is wide use of the facility. - Due to the size of the reserve there is sufficient space to locate more play equipment without interfering with any activities such as the Agricultural Show. One such location could be on the existing mound where it is currently located.
A regional reserve such as the GSG and the facilities available attracts a wide range of users including families from across the town not just from the local catchment. |
|
The EDAS believes the Shire and its councillors may like to consider the alternate of directing three hierarchal levels of open space suggested for Esperance in the draft report as follows: 1. The foreshore Redevelopment Park Facilities; 2. Adventureland Park; 3. Upgrade of the towns two major smaller suburban parks Lions Park and Laylor Park or place the larger amount of funding into the future creation and development of Treasure Park and/or Milner Park. There is no reason why Esperance, currently classed as a Super Town and with the future probability of a larger population in 20 plus years’ time the Foreshore Park, Adventureland Park and an upgrade/development of the suburban parks would not facilitate locals and tourists alike. |
The POS document is a living document that will be reviewed on a regular basis as the town develops to allow for new parks to be added and for existing parks current status to be reconsidered when appropriate. |
24 June 2014 Page 37
Murray Road - Road Closure - South Coast Highway
Author/s |
Neil Williams |
Manager Engineering Development |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F12/797
Applicant
Internal
Location/Address
Intersection of Murray Road and the South Coast Highway, Daylup
Executive Summary
The intersection of Murray Road and the South Coast Highway has significant road safety issues. Chartwell Lane has been upgraded and MRWA have approved it for road train usage meaning Murray Road can now be closed at the South Coast Highway intersection. The closure is to be in accordance with the Local Government Act 1995 – Section 3.50. (Attached)
Recommendation in Brief
That Council
1. Endorse the closure of Murray Road at the intersection of the South Coast Highway as per the Local Government Act 1995 – Section 3.50.
2. Give the CEO delegated authority to permanently close Murray Road if no objections are received at the end of the public notifications period.
Background
Murray Road has been scheduled for closure for a number of years due to road safety issues associated with the South Coast Highway intersection. The closure has been delayed because of the need to upgrade Chartwell Lane to a road train standard to maintain access to a lime mine.
Officer’s Comment
The Shire of Esperance has completed significant improvement works and MRWA have now approved Chartwell Lane for a Restricted Access Vehicle (RAV) 5 Network classification (see attached plan). This approval allows road train access to a Gypsum Mine at the southern end of Murray Road via Chartwell Lane allowing Murray Road to be closed at the intersection of the South Coast Highway. MRWA have also approved the road closure and signage plan (Attached).
The RAV network approval from MRWA Goldfields Esperance region is based on progress towards intersection improvements at the intersection of Chartwell Lane and the South Coast Highway. A Black spot funding application has been successful for the 2014 -2015 financial year with the design to be provided by MRWA.
The proposed road closure involves the installation of signage and an earth mound using Local Area Traffic Management principles. A number of letter boxes will need to be relocated in consultation with the various owners.
Consultation
MRWA Goldfields Esperance Region and MRWA Heavy Vehicle Operations
Financial Implications
The estimated cost of the road closure is $15,000 which can be funded from rural road maintenance.
2014-2015 State Black Spot Program contribution $300,000 with a Local Government 1/3 contribution of $150,000.
Asset Management Implications
Nil
Statutory Implications
The closure is to be in accordance with the Local Government Act 1995 – Section 3.50.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
Theme 3: Economic
3.3. Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.
Corporate Business Plan 2013/2014 – 2016/2017
Action 3.2.7 Renew, upgrade and build new rural infrastructure
Environmental Considerations
Nil
aView. |
Local Government Act 1995 Section 3.50 |
|
bView. |
Murray Road Closure Plan |
|
cView. |
Completed Chartwell Lane Realignment Works |
|
That Council,
1. Endorse the closure of Murray Road at the intersection of the South Coast Highway and commence public notification as per the Local Government Act 1995 – Section 3.50.
2. Give the CEO delegated authority to permanently close Murray Road if no objections are received at the end of the public notifications period.
Voting Requirement Absolute Majority
|
24 June 2014 Page 43
Local Emergency Management Arrangements
Author/s |
Mel Ammon |
Community Emergency Services Coordinator |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F12/421
Applicant
Local Emergency Management Committee
Location/Address
Shire of Esperance
Executive Summary
To seek endorsement from Council for the updated Local Emergency Management Arrangements for the Shire of Esperance.
Recommendation in Brief
That Council endorse the Local Emergency Management Arrangements 2014 for the Shire of Esperance
Background
The Local Emergency Management Arrangements provide a generic guide for the initial response to a large scale emergency within the Shire. These Arrangements are written by the Shire in consultation with the responding agencies.
It is a legislative requirement that every Shire has a set of Arrangements in place and they be updated periodically. The current Arrangements were completed in 2007.
Officer’s Comments
The existing Local Management Arrangements were completed in 2007 to meet the requirements of the newly implemented Emergency Management Act 2005.
This is the first update to these Arrangements. The revised Arrangements were tabled at the Local Emergency Management Committee meeting in April and endorsed by the Committee.
Consultation
Emergency response agencies
Local Emergency Management Committee (LEMC)
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Emergency Management Act 2005
Section 41
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
Theme - Social
1.5 Create and maintain a safe environment for the community.
Environmental Considerations
Nil
aView. |
Local Emergency Management Arrangements 2014 |
|
That Council endorse the Local Emergency Management Arrangements 2014 for the Shire of Esperance. Voting Requirement Simple Majority
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24 June 2014 Page 45
Local Emergency Management Arrangements
Shire of Esperance
Public Copy
Restricted Copy
Shire of Esperance
EMERGENCY MANAGEMENT ARRANGEMENTS
These arrangements have been produced and issued under the authority of S. 41(1) of the EM Act 2005, endorsed by the Shire of Esperance Local Emergency Management Committee (LEMC) and has been tabled with the Goldfields District Emergency Management Committee (DEMC).
........................................................................ .........................................
Chairperson Date
Esperance LEMC
........................................................................ .........................................
Endorsed by Council
Date
TABLE OF CONTENTS
Distribution 7
Amendment Record 8
Glossary of Terms 9
General Acronyms used in these Arrangements 13
PART 1 – INTRODUCTION 15
1.1 Authority 15
1.2 Community Consultation 15
1.3 Document Availability 15
1.4 Area Covered (Context) 15
1.5 Aim 15
1.6 Purpose 15
1.7 Scope 16
1.8 Related Documents 16
1.8.1 Local Emergency Management Policies 16
1.8.2 Existing Plans and Arrangements 16
1.9 Agreements, Understanding and Commitments 16
1.10 Special Considerations 16
1.10.1 Major Tourist Influx 16
1.10.2 Large Public Events 16
1.10.3 Seasonal Conditions 16
1.11 Resources 16
1.12 Roles and Responsibilities 17
1.12.1 Local Emergency Coordinator 17
1.12.2 Local Government 17
1.12.3 LEMC Executive Officers 17
1.12.4 Local Emergency Management Committee (LEMC) 18
1.12.4.1 Functions of the LEMC 18
1.12.5 Controlling Agency 18
1.12.6 Hazard Management Agency 19
1.12.7 Combat Agencies 19
1.12.8 Support Agencies 19
1.12.9 Public Authorities 19
PART 2 – PLANNING (LEMC ADMINISTRATION) 20
2.1 LEMC Membership 20
2.2 Meeting Schedule 20
2.3 LEMC Constitution and Procedures 20
2.4 Annual Reporting 21
2.5 Annual Business Plan 21
2.6 Emergency Risk Management 22
PART 3 – SUPPORT TO RESPONSE 23
3.1 Risks – Emergencies Likely to Occur 23
3.2 Incident Support Group (ISG) 23
3.2.1 Role of ISG 24
3.2.2 Triggers for an ISG 24
3.2.3 Membership of an ISG 24
3.2.4 Frequency of ISG Meetings 24
3.2.4.1 Location of ISG Meetings 24
3.3 Media Management and Public Information 24
3.3.1 Public Warning Systems 25
3.3.2 Local Systems 25
3.4 Critical Infrastructure 25
3.5 Evacuation 25
3.5.1 Evacuation Centers 26
3.5.2 Management of Evacuation Process 26
3.6 Special Needs Groups 26
3.7 Hazard Specific Muster Points 26
3.8 Routes and Maps 27
3.9 Welfare 27
3.9.1 Local Welfare Coordinator 27
3.9.2 Local Welfare Liaison Officer 27
3.9.3 State and National Registration and Enquiry 27
3.10 Animals (including assistance animals) 27
PART 4 – RECOVERY 28
PART 5 – EXERCISING AND REVIEWING 29
5.1 The Aim of Exercising 29
5.2 Frequency of Exercises 29
5.3 Types of Exercises 29
5.4 Reporting of Exercises 29
5.5 Review of Local Emergency Management Arrangements 29
5.6 Review of Local Emergency Management Committee Positions 30
5.7 Review of Resource Register 30
APPENDICES
1 Local Emergency Management Policies
2 Existing Plans and Arrangements
3 Agreements, Understandings and Commitments
4 Resource List
5 LEMC Membership Contact List
6 Critical Infrastructure
7 Evacuation Centers
8 Special Needs Groups
Distribution
Organisation |
Position |
Copy Type (Public / Restricted) |
Esperance Police |
Officer in Charge |
Restricted |
Esperance Police |
Station Copy |
Restricted |
Esperance Police |
Front Office |
Public |
Shire of Esperance |
Emergency Services Co-ordinator |
Master |
Shire of Esperance |
Shire President |
Restricted |
Shire of Esperance |
CEO |
Restricted |
Shire of Esperance |
Shire Office |
Public |
Shire of Esperance |
Library |
Public |
Shire of Esperance |
Director, Engineering Services |
Restricted |
Dept Fire and Emergency Services |
Esperance Office |
Restricted |
Dept Fire and Emergency Services |
Albany Office |
Restricted |
Dept Fire and Emergency Services |
CEMO, Albany Office |
Restricted |
St John Ambulance |
President |
Restricted |
St John Ambulance |
Community Paramedic |
Restricted |
Esperance Volunteer Fire & Rescue |
Captain |
Restricted |
State Emergency Services / VMRS |
Unit Manager |
Restricted |
Esperance / Goldfields Surf Life Saving Club |
President |
Restricted |
Bush Fire Brigade |
Chief Bush Fire Control Officer |
Restricted |
Bush Fire Brigade |
Senior FCO, Urban Rural Zone |
Restricted |
Dept of Parks and Wildlife |
District Manager |
Restricted |
Dept of Child Protection and Family Services |
|
Restricted |
Dept of Transport |
Regional Manager |
Restricted |
Dept of Human Services |
Manager |
Restricted |
Dept of Agriculture & Food WA |
District Manager |
Restricted |
Bureau of Meteorology |
|
Restricted |
Esperance Hospital |
Director of Nursing |
Restricted |
Education Department |
|
Restricted |
Esperance Ports, Sea and Land |
Security Office |
Restricted |
Esperance Ports, Sea and Land |
Harbour Master |
Restricted |
Esperance Airport |
|
|
Horizon Power |
Community & Customer Relations Manager |
Restricted |
Water Corporation |
|
Restricted |
Amendment Record
No. |
Date |
Amendment Details |
By |
1 |
March 2014 |
Complete Rewrite |
Mel Ammon |
2 |
|
|
|
3 |
|
|
|
4 |
|
|
|
5 |
|
|
|
6 |
|
|
|
7 |
|
|
|
8 |
|
|
|
9 |
|
|
|
10 |
|
|
|
11 |
|
|
|
12 |
|
|
|
GLOSSARY OF TERMS
For additional information in regards to the Glossary of Terms, refer to the current Emergency Management Western Australia Glossary
COMBAT AGENCY – A public authority, or other person, may be prescribed by the regulations to be a Combat Agency who or which, because of the agency’s functions under any written law or specialized knowledge, expertise and resources, is responsible for performing an emergency management activity prescribed by the regulations in relation to that agency [s.6(2) of the EM Act].
A Combat Agency undertakes response tasks at the request of the Controlling Agency in accordance with their legislative responsibilities or specialised knowledge.
COMMUNITY EMERGENCY RISK MANAGEMENT – See RISK MANAGEMENT.
COMPREHENSIVE APPROACH – The development of emergency and disaster arrangements to embrace the aspects of prevention, preparedness, response, and recovery (PPRR). PPRR are aspects of emergency management, not sequential phases. Syn. ‘disaster cycle’, ‘disaster phases’ and ‘PPRR’
CONTROLLING AGENCY – an agency nominated to control the response activities to a specified type of emergency.
COORDINATION – The bringing together of organisations and elements to ensure an effective response, primarily concerned with the systematic acquisition and application of resources (organisation, manpower and equipment) in accordance with the requirements imposed by the threat or impact of an emergency. Coordination relates primarily to resources, and operates, vertically, within an organisation, as a function of the authority to command, and horizontally, across organisations, as a function of the authority to control. See also CONTROL and COMMAND.
DISTRICT – means an area of the State that is declared to be a district under section 2.1 Local Government Act 1995.
EMERGENCY – An event, actual or imminent, which endangers or threatens to endanger life, property or the environment, and which requires a significant and coordinated response.
EMERGENCY MANAGEMENT – The management of the adverse effects of an emergency including:
Prevention – the mitigation or prevention of the probability of the occurrence of and the potential adverse effects of an emergency.
Preparedness – preparation for response to an emergency
Response – the combating of the effects of an emergency, provision of emergency assistance for casualties, reduction of further damage and help to speed recovery and
Recovery – the support of emergency affected communities in the reconstruction and restoration of physical infrastructure, the environment and community, psychosocial and economic wellbeing.
EMERGENCY MANAGEMENT AGENCY – A hazard management agency (HMA), a combat agency or a support organisation as prescribed under the provisions of the Emergency Management Act 2005.
EMERGENCY RISK MANAGEMENT – A systematic process that produces a range of measures which contribute to the well-being of communities and the environment.
HAZARD
- a cyclone, earthquake, flood, storm, tsunami or other natural event
- a fire
- a road, rail or air crash
- a plague or an epidemic
- a terrorist act as defined in The Criminal Code section 100.1 set out in the Schedule to the Criminal Code 1995 of the Commonwealth, or;
- any other event, situation or condition that is capable or causing or resulting in loss of life,
prejudice to the safety or harm to the health of persons or animals or destruction of or
damage to property or any part of the environment and is prescribed by Emergency Management Regulations 2006.
HAZARD MANAGEMENT AGENCY (HMA) – A public authority or other person, prescribed by regulations because of that agency’s functions under any written law or because of its specialised knowledge, expertise and resources, to be responsible for the emergency management or an aspect of emergency management of a hazard for a part or the whole of the State.
INCIDENT – An event, accidentally or deliberately caused, which requires a response from one or more of the statutory emergency response agencies.
INCIDENT SUPPORT GROUP (ISG) – A group of agency/organisation liaison officers convened and chaired by the Incident Controller to provide agency specific expert advice and support in relation to operational response to the incident.
LIFELINES – The public facilities and systems that provide basic life support services such as water, energy, sanitation, communications and transportation. Systems or networks that provide services on which the well-being of the community depends.
LOCAL EMERGENCY COORDINATOR (LEC) - That person designated by the Commissioner of Police to be the Local Emergency Coordinator with responsibility for ensuring that the roles and functions of the respective Local Emergency Management Committee are performed, and assisting the Hazard Management Agency in the provision of a coordinated multi-agency response during Incidents and Operations.
LOCAL EMERGENCY MANAGEMENT COMMITTEE (LEMC) – means a committee established under section 38 of the Emergency Management Act 2005
MUNICIPALITY – Means the district of the Shire of Esperance.
OPERATIONAL AREA (OA) – The area defined by the Operational Area Manager for which they have overall responsibility for the strategic management of an emergency. This area may include one or more Incident Areas.
PREVENTION – Regulatory and physical measures to ensure that emergencies are prevented, or their effects mitigated. Measures to eliminate or reduce the incidence or severity of emergencies. See also COMPREHENSIVE APPROACH.
PREPAREDNESS – Arrangements to ensure that, should an emergency occur, all those resources and services which are needed to cope with the effects can be efficiently mobilised and deployed. Measures to ensure that, should an emergency occur, communities, resources and services are capable of coping with the effects. See also COMPREHENSIVE APPROACH.
RESPONSE – Actions taken in anticipation of, during, and immediately after an emergency to ensure that its effects are minimised and that people affected are given immediate relief and support. Measures taken in anticipation of, during and immediately after an emergency to ensure its effects are minimised. See also COMPREHENSIVE APPROACH.
RECOVERY – The coordinated process of supporting emergency-affected communities in reconstruction of the physical infrastructure and restoration of emotional, social, economic and physical well-being.
RISK – A concept used to describe the likelihood of harmful consequences arising from the interaction of hazards, communities and the environment.
The chance of something happening that will have an impact upon objectives. It is measured in terms of consequences and likelihood.
A measure of harm, taking into account the consequences of an event and its likelihood. For example, it may be expressed as the likelihood of death to an exposed individual over a given period.
Expected losses (of lives, persons injured, property damaged, and economic activity disrupted) due to a particular hazard for a given area and reference period. Based on mathematical calculations, risk is the product of hazard and vulnerability
RISK MANAGEMENT – The systematic application of management policies, procedures and practices to the tasks of identifying, analysing, evaluating, treating and monitoring risk.
RISK REGISTER – A register of the risks within the local government, identified through the Community Emergency Risk Management process.
RISK STATEMENT – A statement identifying the hazard, element at risk and source of risk.
SUPPORT ORGANISATION – A public authority or other person who or which, because of the agency’s functions under any written law or specialized knowledge, expertise and resources is responsible for providing support functions in relation to that agency.
TREATMENT OPTIONS – A range of options identified through the emergency risk management process, to select appropriate strategies’ which minimize the potential harm to the community.
VULNERABILITY – The degree of susceptibility and resilience of the community and environment to hazards. *The degree of loss to a given element at risk or set of such elements resulting from the occurrence of a phenomenon of a given magnitude and expressed on a scale of 0 (no damage) to 1 (total loss).
WELFARE CENTRE – Location where temporary accommodation is actually available for emergency affected persons containing the usual amenities necessary for living and other welfare services as appropriate.
GENERAL ACRONYMS USED IN THESE ARRANGEMENTS
BFS |
Bush Fire Service |
CEO |
Chief Executive Officer |
DCPFS |
Department for Child Protection |
DFES |
Dept of Fire and Emergency Services |
DEMC |
District Emergency Management Committee |
DPaW |
Department of Parks and Wildlife |
ECC |
Emergency Coordination Centre |
FRS |
Fire and Rescue Service |
HMA |
Hazard Management Agency |
ISG |
Incident Support Group |
LEC |
Local Emergency Coordinator |
LEMA |
Local Emergency Management Arrangements |
LEMC |
Local Emergency Management Committee |
LRC |
Local Recovery Coordinator |
LRCC |
Local Recovery Coordinating Committee |
SEC |
State Emergency Coordinator |
SEMC |
State Emergency Management Committee |
SES |
State Emergency Service |
SEWS |
Standard Emergency Warning Signal |
SOP |
Standard Operating Procedures |
PART 1 – INTRODUCTION
1.1 Authority
These arrangements have been prepared in accordance with s. 41(1) of the Emergency Management Act 2005 and endorsed by the Esperance Local Emergency Management Committee and approved by the Shire of Esperance.
1.2 Community Consultation
These arrangements have been developed in consultation with the Esperance LEMC which includes community representation. It was felt the opinions and ideas represented by this group were sufficient in order to meet the needs of this project.
1.3 Document Availability
Copies of these arrangements are available at Shire of Esperance offices in Windich St, free of charge during office hours. Arrangements are also available in written and electronic format on request.
1.4 Area Covered (Context)
The area covered is the boundaries of the Shire of Esperance extending from Daniels Siding in the north, east to Isrealite Bay and west to the Munglinup River. This area covers some 43,000 sq km servicing a population of approx 14,500.
1.5 Aim
The aim of the Esperance Local Emergency Management Arrangements is to :
- to ensure there is an effective framework for the management of emergencies within the
Shire of Esperance
- to contribute to timely, effective and coordinated emergency management within the
Shire of Esperance
- to ensure that this plan is compatible with and complies with the State Emergency
Management Arrangements and plans
- to ensure that all organizations involved in emergency management are familiar with and
have had input into this plan
1.6 Purpose
The purpose of these emergency management arrangements is to set out:
- the local government’s policies for emergency management;
- the roles and responsibilities of public authorities and other persons involved in
emergency management in the local government district;
- provisions about the coordination of emergency operations and activities relating to
emergency management performed by the persons mentioned in paragraph b);
- a description of emergencies that are likely to occur in the local government district;
- strategies and priorities for emergency management in the local government district;
- other matters about emergency management in the local government district prescribed
by the regulations; and
- other matters about emergency management in the local government district the local
government considers appropriate”. (s. 41(2) of the Act).
1.7 Scope
These arrangements are to ensure the community is prepared to deal with the identified emergencies should they arise. It is not the intent of this document to detail the procedures for HMA’s in dealing with an emergency. These should be detailed in the HMA’s individual plan.
- This document applies to the local government district of the Shire of Esperance.
- This document covers areas where the Shire of Esperance (Local Government) provides
support to HMA’s in the event of an incident;
- This document details the Shire of Esperance’s (LG) capacity to provide resources in
support of an emergency, while still maintaining business continuity; and
- The Shire of Esperance (LG) responsibility in relation to recovery management.
These arrangements are to serve as a guide to be used at the local level. Incidents may arise that require action or assistance from district, state or federal level.
1.8 Related Documents
1.8.1 Local Emergency Management Policies
A list current Local Emergency Management Policies is attached at Appendix 1
1.8.2 Existing Plans & Arrangements
A list of current Local Plans and Arrangements is attached at Appendix 2
1.9 Agreements, Understandings & Commitments
A list of current Agreements, Understanding and Commitments is attached at Appendix 3
1.10 Special Considerations
1.10.1 Major influxes of tourists
· Increase in camping within coastal reserves through length of Shire from November to April
· Duke of Orleans Caravan Park population increase up to 1000 people over summer period
· Overflow campground at Show grounds
1.10.2 Large public events
· Esperance Show - October
1.10.3 Seasonal conditions
· Harvest – October through December
· Bushfire season – October through April
1.11 Resources
The Shire of Esperance has several businesses, organisations and volunteer groups well positioned to assist with additional resources should they be required.
List attached at Appendix 4.
1.12 Roles & Responsibilities
1.12.1 Local Emergency Coordinator
The Local Emergency Coordinator is appointed by the State Emergency Coordinator. The Local Emergency Coordinator for the Shire of Esperance is the Officer-in-Charge of Esperance Police Station.
The local emergency coordinator for a local government district has the following functions [s. 37(4) of the Act]:
- to provide advice and support to the LEMC for the district in the development and
maintenance of emergency management arrangements for the district;
- to assist hazard management agencies in the provision of a coordinated response
during an emergency in the district; and
- to carry out other emergency management activities in accordance with the
directions of the State Emergency Coordinator.
1.12.2 Local Government
It is a function of a local government, subject to this Act (Emergency Management Act), to ensure that effective local emergency management arrangements are prepared and maintained for its district;
- to manage recovery following an emergency affecting the community in its
district; and
- to perform other functions given to the local government under this Act (Emergency
Management Act).
These functions include (but not limited to; administrating the LEMC in accordance with SEMP 2.5, completing an annual report & annual business plan in accordance with SEMP 2.6 and establishing and maintaining the local emergency management arrangements which includes a local recovery plan.
1.12.3 LEMC Executive Officers:
Provide executive support to the LEMC by:
- Ensuring the provision of secretariat support including:
o Meeting agenda
o Minutes and action lists
o Correspondence
o Maintain committee membership contact register
- Coordinate the development and submission of committee documents in accordance
with legislative and policy requirements including;
o Annual Report
o Annual Business Plan
o Maintenance of Local Emergency Management Arrangement
- Facilitate the provision of relevant emergency management advice to the Chair and
committee as required; and
- Participate as a member of sub committees and working groups as required;
1.12.4 Local Emergency Management Committee
The Shire of Esperance has established a Local Emergency Management Committee (LEMC) under section 38(1) of the Emergency Management Act 2005 to oversee, plan and test the local emergency management arrangements.
The LEMC includes representatives from agencies, organisations and community groups that are relevant to the identified risks and emergency management arrangements for the community.
The LEMC is not an operational committee but rather the organisation established by the local government to ensure that local emergency management arrangements are written and placed into effect for its district.
The LEMC membership must include at least one local government representative and the identified Local Emergency Coordinator (LEC). Relevant government agencies and other statutory authorities will nominate their representatives to be members of the LEMC.
The term of appointment of LEMC members shall be determined by the local government in consultation with the parent organisation of the members.
1.12.4.1 Functions of the LEMC
The functions of LEMC are [s. 39 of the Act]:
- to advise and assist the local government in establishing local emergency
managements for the district;
- to liaise with public authorities and other persons in the development, review and testing of the local emergency management arrangements; and
- to carry out other emergency management activities as directed by SEMC or prescribed by regulations.
Various State Emergency Management Plans (WESTPLANS) and State Emergency Management Policies (SEMP) place responsibilities on LEMC’s. The below identified functions relate to areas not covered in other areas of these arrangements.
The LEMC should provide advice and assistance to communities that can be isolated due to hazards such as cyclone or flood to develop a local plan to manage the ordering, receiving and distributing of essential supplies. (WESTPLAN - Freight subsidy Plan)
The LEMC may provide advice and assistance to the SES and FESA to develop a Local Tropical Cyclone Emergency Plan. (WESTPLANs – Cyclone, Flood and Tsunami)
1.12.5 Controlling Agency
A Controlling Agency is an agency nominated to control the response activities to a specified type of emergency. The function of a Controlling Agency is to;
- to undertake all responsibilities as prescribed in Agency specific legislation for
Prevention and Preparedness
- to control all aspects of the response to an incident.
During Recovery the Controlling Agency will ensure effective transition to Recovery by Local Government.
1.12.6 Hazard Management Agency
A hazard management agency is ‘to be a public authority or other person who or which, because of that agency’s functions under any written law or specialised knowledge, expertise and resources, is responsible for emergency management, or the prescribed emergency management aspect, in the area prescribed of the hazard for which it is prescribed.’
[EM Act 2005 s4]
The HMA’s are prescribed in the Emergency Management Regulations 2006. Their function is to:
- Undertake responsibilities where prescribed for these aspects [EM Regulations]
- Appointment of Hazard Management Officers [s55 Act]
- Declare / Revoke Emergency Situation [s 50 & 53 Act]
- Coordinate the development of the Westplan for that hazard [SEMP 2.2]
- Ensure effective transition to recovery by Local Government
1.12.7 Combat Agencies
A combat agency as prescribed under subsection (1) of the Emergency Management Act 2005 is ‘to be a public authority or other person who or which, because of the agency’s functions under any written law or specialised knowledge, expertise and resources, is responsible for performing an emergency management activity prescribed by the regulations in relation to that agency.’
(EMWA Glossary Version:2011)
1.12.8 Support Organisation
A Public authority or other person who or which, because of the agency’s functions under any written law or specialised knowledge, expertise and resources is responsible for providing support functions in relation to that agency. (EMWA Glossary Version:2011)
1.12.9 Public Authorities
A public Authority is established under section 3 of the Act. Under s35 the SEMC may specify (s35(6) both an area of the State and a public authority to exercise the functions of local government detailed under section 36 of the Act To date, the Rottnest Island Authority is the only agency that has been classed as a ‘public authority’.
PART 2 – PLANNING (LEMC ADMINISTRATION)
This section outlines the minimum administration and planning requirements of the LEMC under the EM Act 2005 and policies.
2.1 LEMC Membership
Chairperson |
Shire President, Shire of Esperance |
Deputy Chairperson |
Officer in Charge, Esperance Police Station |
Executive Officer |
Shire of Esperance |
Committee Members – to include representation from: |
|
Emergency Response Agencies |
Esperance Police Station |
|
Esperance Volunteer Fire and Rescue |
|
St John Ambulance |
|
Esperance State Emergency Service |
|
Marine Rescue |
|
Esperance Goldfields Surf Life Saving Club |
|
Bush Fire Brigades Representative |
Welfare Support Agencies |
Dept Child Protection and Family Services |
State Government Agencies |
Dept of Fire & Emergency Services |
|
Dept of Parks & Wildlife |
|
Dept of Agriculture and Food |
|
Dept of Transport |
|
Dept of Education |
|
Bureau of Meteorology |
|
Dept of Health – Esperance District Hospital |
Utilities |
Horizon Power |
|
Water Corporation |
Local Industry |
Esperance Port, Sea and Land |
|
Esperance Airport |
List of the LEMC Membership and contact details attached at Appendix 5
2.2 Meeting Schedule
Esperance LEMC will meet bi monthly on the 2nd Wednesday of February, April, June, August, October and December at 7pm in the Council Chamber.
2.3 LEMC Constitution & Procedures (s38(4) EM Act)
Each meeting of the LEMC should consider, but not be restricted to, the following matters, as appropriate:
- Every meeting:
o Confirmation of local emergency management arrangements contact details and key holders
o Review of any post-incident reports and post exercise reports generated since last meeting
o Progress of emergency risk management process
o Progress of treatment strategies arising from emergency risk management process
o Progress of development or review of local emergency management arrangements
o Other matters determined by the local government.
- First quarter:
o Development and approval of next financial year LEMC exercise schedule (to be forwarded to relevant DEMC);
o Begin developing annual business plan.
- Second quarter:
o Preparation of LEMC annual report (to be forwarded to relevant DEMC for inclusion
in the SEMC annual report);
o Finalisation and approval of annual business plan.
- Third quarter:
o Identify emergency management projects for possible grant funding.
- Fourth quarter:
o National and State funding nominations.
2.4 Annual Reporting
The annual report of the LEMC is to be completed and submitted to the DEMC within 2 weeks of the end of the financial year for which the annual report is prepared. The LEMC is required to submit a signed hard copy of the annual report to the Executive Officer of the DEMC.
The LEMC annual report is to contain, for the reporting period:
- a description of the area covered by the LEMC,
- a description of activities undertaken by it, including;
- the number of LEMC meetings and the number of meetings each member, or their
deputy, attended,
- a description of emergencies within the area covered by the LEMC involving the activation
of an Incident Support Group (ISG),
- a description of exercises that exercised the local emergency management arrangements
for the area covered by the LEMC,
- the level of development of the local emergency management arrangements for the area
covered by the LEMC (e.g. draft, approved 2007, under review, last reviewed 2007),
- the level of development of the local recovery plan for the area covered by the LEMC,
- the progress of establishing a risk register for the area covered by the LEMC, and
- a description of major achievements against the LEMC Annual Business Plan.
2.5 The Annual Business Plan
State Emergency Management Policy 2.5 ‘Annual Reporting’ provides each LEMC will complete and submit to the DEMC an annual report at the end of each financial year. One of the requirements of the Annual Report is to have a Business Plan. (SEMP 2.6 s25 (b)(vii) & s25(d)). From time to time the SEMC will establish a template Annual Business Plan for use by LEMC’s.
A copy of the Annual Business Plan is available on request from the Executive Officer.
2.6 Emergency Risk Management
In 2006 the Shire of Esperance completed an Emergency Risk Management study from which the Local Arrangements were written. These Arrangements are due to be reviewed in 2018.
A copy of the Risk Assessment is available from the Shire of Esperance offices in Windich St.
PART 3 – SUPPORT TO RESPONSE
3.1 Risks – Emergencies Likely to Occur
Complete the following table of emergencies that are likely to occur within the Local Government area. These should be derived from the local community centered emergency risk management process.
Table 3.1
Hazard |
Controlling Agency |
HMA |
Local Combat Role |
Local Support Role |
WESTPLAN |
Local Plan (Date) |
Bush Fire |
DFES Local Govt DPaW |
DFES |
Local Govt (BFB) DPaW |
Police DCPFS SES Local Govt |
Bush Fire |
2013 |
Urban Fire (Structural) |
DFES |
DFES |
VFRS |
Police Local Govt DCPFS SES |
Urban Fire |
2013 |
Road Crash |
Police |
Police |
VFRS |
SJA |
Road Crash |
2013 |
Flood |
DFES |
DFES |
SES |
Police Local Govt |
Flood |
2013 |
Storm |
DFES |
DFES |
SES |
Police Local Govt |
Storm |
2013 |
Maritime Incident Marine Search
Marine Transport |
Police
EPSL / DoT |
Police
EPSL/ DoT |
VMRS
EPSL / DoT |
SES
VMRS |
Marine Search
Marine Transport |
2013 |
These arrangements are based on the premise that the Combat Authority responsible for the above risks will develop, test and review appropriate emergency management plans for their hazard.
It is recognised that the HMA’s and Combat Agencies may require Shire of Esperance resources and assistance in emergency management. The Shire of Esperance is committed to providing assistance/support if the required resources are available through the Incident Support Group when and if formed.
3.2 Incident Support Group (ISG)
The ISG is convened by the HMA or the Local Emergency Coordinator in consultation with the HMA to assist in the overall coordination of services and information during a major incident. Coordination is achieved through clear identification of priorities by agencies sharing information and resources.
3.2.1 Role of the ISG
The role of the ISG is to provide support to the incident management team. The ISG is a group of people represented by the different agencies who may have involvement in the incident.
3.2.2 Triggers for an ISG
The triggers for an incident support group are defined in State Emergency Management Policy 4.1 ‘Operational Management’. These are;
- where an incident is designated as “Level 2” or higher
- multiple agencies need to be coordinated.
3.2.3 Membership of an ISG
The Incident Support Group is made up of agencies /representatives that provide support to the Controlling Agency. Emergency Management Agencies may be called on to be liaison officers on the Incident Support Group. As a general rule, the recovery coordinator should be a member of the ISG from the onset, to ensure consistency of information flow and transition into recovery.
The representation on this group may change regularly depending upon the nature of the incident, agencies involved and the consequences caused by the emergency.
Agencies supplying staff for the ISG must ensure that the representative(s) have the authority to commit resources and/or direct tasks.
3.2.4 Frequency of Meetings
Frequency of meetings will be determined by the Incident Controller and will generally depend on the nature and complexity of the incident. As a minimum, there should be at least one meeting per incident. Coordination is achieved through clear identification of priorities and goals by agencies sharing information and resources.
3.2.4.1 Location of ISG Meetings
The Incident Support Group meets during an emergency and provides a focal point for a coordinated approach. Locations for ISG meeting are :
Location |
Address |
Contact |
Council Chamber |
Shire of Esperance Administration Office Windich St |
CEO – 9071 0621 0418 924 132 |
Police Station |
Dempster St |
OIC – 9079 8999 |
DFES Office |
Esperance Business Centre Dempster St |
AO – 9071 3393 0427 002 718 |
3.3 Media Management and Public Information
Communities threatened or impacted by emergencies have an urgent and vital need for information and direction. Such communities require adequate, timely information and instructions in order to be aware of the emergency and to take appropriate actions to safeguard life and property. The provision of this information is the responsibility of the HMA. This is achieved through the Incident Management Team position of ‘Public Information Officer’ as per the AIIMS Structure.
3.3.1 Public Warning Systems
During times of an emergency one of the most critical components of managing an incident is getting information out to the public in a timely and efficient manner. This section highlights local communication strategies.
3.3.2 Local Systems
- Shire Website – www.esperance.wa.gov.au
- Bushfire SMS system – register at Shire Office
- Public Information Phone Lines (Harvest Ban Hotline) – 9071 5367
- Local radio
o ABC Radio - 837 AM
o Radiowest – 747 AM
o Hot FM - 102.3 FM
o Hope FM – 103.9 FM
3.4 Critical Infrastructure
Critical Infrastructure is identified infrastructure within the local government area that if affected by a hazard would have a negative and prolonged impact on the community. A list of Critical Infrastructure within the Shire of Esperance is provided at Appendix 6
3.5 Evacuation
‘A range of hazards regularly pose a risk to communities throughout Western Australia.
Evacuation of people from an area affected by a hazard is one of the strategies that may be
employed by emergency managers to mitigate the potential loss of, or harm to, life. Experience
has also shown that the evacuation of residents is not always the optimum solution to managing the risk. Alternatives to evacuation such as to stay and protect and control, or restrict movement should also be considered where appropriate.’ (SEMP 4.7)
Local Emergency Management Arrangements include information to assist the Controlling Agency in the operational planning process. This includes specific arrangements in place for special needs groups such as schools, nursing homes, hospitals, caravan and holiday parks, persons with disabilities and culturally and linguistically diverse communities.
Relevant emergency management agencies (i.e. controlling agencies, welfare agencies etc.) in conjunction with Local Emergency Management Committees will identify and advise of refuge sites and welfare centres suitable to the hazard. These sites are documented in the Local Emergency Management Arrangements.
Evacuation is a risk management strategy which may need to be implemented, particularly in regards to cyclones, flooding and bush fires. The decision to evacuate will be based on an assessment of the nature and extent of the hazard, the anticipated speed of onset, the number and category of people to be evacuated, evacuation priorities and the availability of resources.
These considerations should focus on providing all the needs of those being evacuated to ensure their safety and on-going welfare.
The Controlling Agency will make decisions on evacuation and ensure that community members have appropriate information to make an informed decision as to whether to stay or go during an emergency.
The decision to evacuate will only be made by a Controlling Agency or an authorised officer when the members of the community at risk do not have the capability to make an informed decision or when it is evident that loss of life or injury is imminent.
State Emergency Management Policy 4.7 ‘Community Evacuation’ should be consulted when planning evacuation.
3.5.1 Evacuation Centres
A list of identified Evacuation Centres for the Shire of Esperance are listed at Appendix 7
3.5.2 Management of the Evacuation Process
The responsibility for managing evacuation rests with the Controlling Agency. The Controlling Agency is responsible for planning, communicating and effecting the evacuation and ensuring the welfare of the evacuees is maintained. The Controlling Agency is also responsible for ensuring the safe return of evacuees. These aspects also incorporate the financial costs associated with the evacuation unless prior arrangements have been made.
In most cases the WA Police may be the ‘combat agency’ for carrying out the evacuation.
Whenever evacuation is being considered the Department for Child Protection must be consulted during the planning stages. DCP have responsibility under State Arrangements to maintain the welfare of evacuees under Westplan Welfare.
3.6 Special Needs Groups
A list of ‘at risk’ groups have been identified within the community. These groups may require additional requirements or resources to carry out an evacuation. This information provides the Controlling Agency planning evacuation the ability to identify locations for groups that require special attention or resources.
Each section of the community mentioned above should have their own evacuation arrangements, however will need confirmation.
A list of identified Special Needs Groups is attached at Appendix 8
3.7 Hazard Specific Muster Points
The Shire of Esperance in recognition of the bush fire risk at coastal campsites has identified muster point locations on beaches where Shire Campsites are located. On site signage has been installed identifying these areas at Alexander Bay, Thomas River, Quagi Beach and Munglinup Beach.
In many cases muster point will depend on time, place and circumstances of the emergency and will not be able to be documented in LEMA.
3.8 Routes & Maps
Within the Shire of Esperance emergency responders are encouraged to utilise the “Esperance Urban Rural Atlas” and the “Esperance Rural Atlas” available from the DFES office.
3.9 Welfare
The Department for Child Protection (DCP) has the role of managing welfare. DCP may have developed a local Welfare Emergency Management Plan for Esperance area.
3.9.1 Local Welfare Coordinator
The Local Welfare Coordinator is appointed by the DCP District Director to:
- establish, chair and manage the activities of the Local Welfare Emergency
Committee (LWEC), where determined appropriate by the District Director
- prepare, promulgate, test and maintain the Local Welfare Plans
- represent the department and the emergency welfare function on the Local
Emergency Management Committee and Local Recovery Committee
- establish and maintain the Local Welfare Emergency Coordination Centre
- ensure personnel and organisations are trained and exercised in their welfare
responsibilities
- coordinate the provision of emergency welfare services during response and
recovery phases of an emergency
- represent the department on the Incident Management Group when required
3.9.2 Local Welfare Liaison Officer
The Local Welfare Liaison Officer is nominated by the Local Government to coordinate welfare response during emergencies and liaise with the Local Welfare Coordinator.
Local Government should appoint a liaison officer. This role will provide assistance to the Local Welfare Centre, including the management of emergency evacuation centres such as building opening, closing, security and maintenance.
The Shire of Esperance Emergency Services Co-ordinator has been identified as the liaison officer and can be contacted on 9071 0625 or 0418 954 051.
3.9.3 State & National Registration & Enquiry
When a large scale emergency occurs and people are evacuated or become displaced, one of the areas the Department for Child Protection (DCP) has responsibility for is recording who has been displaced and placing the information onto a State or National Register. This primarily allows friends or relatives to locate each other but also has many further applications. Because of the nature of the work involved DCP have reciprocal arrangements with the Red Cross to assist with the registration process.
3.10 Animals (including assistance animals)
The Shire of Esperance Rangers will coordinate the housing of domestic pets through the use of the local pound situated at the Shire Works Depot in Brazier Street. Larger animals can be housed at the Greater Sports Ground, Brazier Street.
PART 4 - RECOVERY
A Recovery Plan has been completed for the Shire of Esperance as separate document.
Part 5 - EXERCISING AND REVIEWING
5.1 The Aim of Exercising
Testing and exercising are essential to ensure that the emergency management arrangements are workable and effective for the LEMC. The testing and exercising is also important to ensure that individuals and organisations remain appropriately aware of what is required of them during an emergency response situation.
The exercising of a HMA’s response to an incident is a HMA responsibility however it could be incorporated into the LEMC exercise.
Exercising the emergency management arrangements will allow the LEMC to:
- Test the effectiveness of the local arrangements
- Bring together members of emergency management agencies and give them
knowledge of, and confidence in, their roles and responsibilities
- Help educate the community about local arrangements and programs
- Allow participating agencies an opportunity to test their operational procedures and
skills in simulated emergency conditions
- Test the ability of separate agencies to work together on common tasks, and to
assess effectiveness of co-ordination between them.
5.2 Frequency of Exercises
The SEMC Policy No 2.5 – Emergency Management in Local Government (s45-47), and Policy3.1 ‘Exercise Management’ (s14) requires the LEMC to exercise their arrangements on an annual basis.
5.3 Types of Exercises
Some examples of exercises types include:
- Desktop/Discussion
- A phone tree recall exercise
- Opening and closing procedures for evacuation centres or any facilities that might
be operating in an emergency
- Operating procedures of an Emergency Coordination Centre
- Locating and activating resources on the Emergency Resources Register
5.4 Reporting of Exercises
Each LEMC should report their exercise schedule to the relevant DEMC by the 1st May each year. The DEMC compiles the reports and send the dates to the Emergency Services Sub-committee to be included in the SEMC Annual Report (ref TP-1 ‘Annex B’).
Once the exercises have been completed they should be reported to the DEMC via the template found at ‘appendix C’ of State EM Procedure TP-1 ‘Exercise Management’.(SEMP 3.1 s.23)
5.5 Review of Local Emergency Management Arrangements
The Local Emergency Management Arrangements (LEMA) shall be reviewed and amended in accordance with SEMC Policy No 2.5 – Emergency Management in Local Government Districts and replaced whenever the local government considers it appropriate (S.42 of the EM Act).
According to SEMC Policy No 2.5 – Emergency Management in Local Government Districts, the LEMA (including recovery plans) are to be reviewed and amended as follows:
- contact lists are reviewed and updated quarterly;
- a review is conducted after training that exercises the arrangements;
- an entire review is undertaken every five (5) years, as risks might vary due to climate,
environment and population changes
- circumstances may require more frequent reviews
5.6 Review of Local Emergency Management Committee Positions
The Shire of Esperance in consultation with the parent organisation of members shall determine the term and composition of LEMC positions.( SEMP 2.5 s20). Note SEMP 2.5 s15-18 inclusive provides a list of recommended members.
5.7 Review of Resources Register
The Executive Officer shall have the resources register checked and updated on an annual basis, but ongoing amendments may occur at any LEMC meeting.
24 June 2014 Page 73
Tender 0714 Supply & Delivery of Blue Metal Products
Author/s |
Amelia Fitzgerald |
Engineering Administration Officer |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F14/305
Applicant
Engineering Services
Location/Address
N/A
Executive Summary
To allow Council to make an informed decision with regard to awarding Tender 0714, for the supply & delivery of Blue Metal Products.
Recommendation in Brief
That Council award Tender 0714 Supply & Delivery of Blue Metal Products to Holcim Australia as per the schedule of rates submitted within the tender documentation.
Background
The Shire of Esperance had previously entered into a 4 year tender for the supply and delivery of blue metal products which ends on 30 June 2014.
A two (2) person evaluation panel consisting of the Director Engineering Services (Gavin Harris) and Manager Engineering Operations (David Spencer) individually read and assessed the tender submissions based on the following weighted matrix;
Criteria |
Weighting |
Relevant Experience |
20% |
Quality |
20% |
Price |
60% |
The assessment matrix (below) allows the tenders / quotations to be evaluated in an unbiased manner where by the supplier with the highest overall points may be considered to be the most advantageous quotation. This is to be used as a guide only during the assessment and is not necessarily binding.
Officer’s Comment
Shire staff evaluated the two tenders as below -
Company |
Weighted Score |
Holcim Australia |
80.00 |
BGC Quarries |
60.00 |
From the table above the preferred tenderer is Holcim Australia based on the highest score and the lowest submitted prices.
Consultation
Nil
Financial Implications
The financial implications arising from this report are that the acceptance of this tender will result in an increase of 20-30% for the two most common blue metal products the Shire uses, being 10mm and 14mm stone. Other products such as dust, scalps and road base represent a saving of 30-40%. The costs are budgeted for within our road construction and reseal capital works program.
Asset Management Implications
Nil
Statutory Implications
Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000.
Policy Implications
Nil
Strategic Implications
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 practice and maintenance programs
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Environmental Considerations
N/A
a. |
Confidential - Tender Submission Rates - Confidential |
|
That Council award Tender 0714 Supply & Delivery of Blue Metal Products to Holcim Australia as per the schedule of rates submitted with the tender documentation. Voting Requirement Simple Majority
|
24 June 2014 Page 75
Tender 0314 Supply & Delivery Base Course Material
Author/s |
Amelia Fitzgerald |
Engineering Administration Officer |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F14/301
Applicant
Engineering Services
Location/Address
N/A
Executive Summary
To allow Council to make an informed decision with regard to awarding Tender 0314, for the supply & delivery of Base Course Material.
Recommendation in Brief
That Council award Tender 0314 Supply & Delivery of Base Course Material to Esperance Earthworks as per the schedule of rates submitted within the tender documentation.
Background
The Shire of Esperance had previously entered a contract for a 20 month period for the supply and delivery of basecourse material which ends on 30 June 2014.
A two (2) person evaluation panel consisting of the Director Engineering Services (Gavin Harris) and Manager Engineering Operations (David Spencer) individually read and assessed the tender submission based on the following weighted matrix;
Criteria |
Weighting |
Relevant Experience |
20% |
Quality |
20% |
Price |
60% |
Generally the assessment matrix allows the tenders to be evaluated in an unbiased manner. The tenderer with the highest overall score may be considered to be the most advantageous tender. This is used as a guide only during the assessment and is not necessarily binding on Council. As there was only one submission received a combined score for the tender was not determined from the individual assessment due to this process being used to prioritise multiple tenders.
Officer’s Comment
The only tender received was from Esperance Earthworks who are the current contractor supplying basecourse material.
The Shire has had no issues with the previous contract or the supply of material.
Consultation
Nil
Financial Implications
The contract price supplied maintains the same $/m3 rate as we have been paying for the previous 20 months. The price of material is contained within the individual job allocations.
Asset Management Implications
Nil
Statutory Implications
Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000.
Policy Implications
Nil
Strategic Implications
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 practice and maintenance programs
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Environmental Considerations
N/A
a. |
Confidential - Tender Submission Pricing - Confidential |
|
That Council award Tender 0314 Supply & Delivery of Base Course Material to Esperance Earthworks as per the schedule of rates submitted within the tender documentation. Voting Requirement Simple Majority
|
24 June 2014 Page 77
Tender 0514 Supply of Stormwater Drainage Products
Author/s |
Amelia Fitzgerald |
Engineering Administration Officer |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F14/303
Applicant
Engineering Services
Location/Address
N/A
Executive Summary
To allow Council to make an informed decision with regard to awarding Tender 0514 for the Supply of Stormwater Drainage Products.
Recommendation in Brief
That Council award Tender 0514 Supply of Stormwater Drainage Products to Humes and Concrete World as per the schedule of rates submitted within the tender documentation.
Background
The Shire of Esperance had previously entered into a 4 year tender for the supply of storm water drainage products which ends on 30 June 2014
A two (2) person evaluation panel consisting of the Director Engineering Services (Gavin Harris) and Manager Engineering Operations (David Spencer) individually read and assessed the tender submission based on the following weighted matrix;
Criteria |
Weighting |
Relevant Experience |
20% |
Quality |
20% |
Price |
60% |
Generally the assessment matrix allows the tenders to be evaluated in an unbiased manner. The tenderer with the highest overall score may be considered to be the most advantageous tender. This is used as a guide only during the assessment and is not necessarily binding on Council. As there was only one submission received a combined score for the tender was not determined from the individual assessment due to this process being used to prioritise multiple tenders.
Officer’s Comment
Shire staff evaluated the four tenders as below -
Company |
Weighted Score |
Dallcon |
72.00 |
MJB Industries |
60.00 |
Concrete World |
80.00 |
Humes Gnangara |
80.00 |
When all four tenders are compared across each of the 43 products Concrete World and Humes have 24 of the cheapest products and 22 of the second cheapest products this combined represents 36 of the 43 products. By accepting the 2 tenders this will allow staff flexibility in determining where to purchase products at the best price and allows two companies to be considered if there are any supply issue from either company.
Consultation
Nil
Financial Implications
The costs for purchasing these products are included with in the costs of capital works projects.
Asset Management Implications
Nil
Statutory Implications
Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000.
Policy Implications
Nil
Strategic Implications
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 practice and maintenance programs
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Environmental Considerations
N/A
a. |
Confidential - Tender Price Comparision - Confidential |
|
That Council award Tender 0514 Supply of Stormwater Drainage Products to Humes and Concrete World as per the schedule of rates submitted within the tender documentation. Voting Requirement Simple Majority
|
24 June 2014 Page 80
Tender 0614 Supply and Delivery of Cement & Concrete Products
Author/s |
Amelia Fitzgerald |
Engineering Administration Officer |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F14/304
Applicant
Engineering Services
Location/Address
N/A
Executive Summary
To allow Council to make an informed decision with regard to awarding Tender 0614, for the supply & delivery of Cement & Concrete products.
Recommendation in Brief
That Council award Tender 0614 Supply & Delivery of Cement and Concrete products to Holcim Australia as per the schedule of rates submitted within the tender documentation.
Background
The Shire of Esperance had previously entered into a 4 year tender for the supply and delivery of Cement and Concrete products which ends on 30 June 2014
Tenders were to be assed based on the following matrix –
Criteria |
Weighting |
Relevant Experience |
20% |
Quality |
20% |
Price |
60% |
Generally the assessment matrix allows the tenders to be evaluated in an unbiased manner. The tenderer with the highest overall score may be considered to be the most advantageous tender. This is used as a guide only during the assessment and is not necessarily binding on Council. As there was only one submission received a combined score for the tender was not determined from the individual assessment due to this process being used to prioritise multiple tenders.
Officer’s Comment
The only tender received was from Holcim Australia who are an established company based in Esperance and have supplied concrete to the Shire over a number of years.
As only one tender was received from an established concrete company no assessment matrix was completed by staff.
Consultation
Nil
Financial Implications
The price quoted is on par with concrete material supplied over the past 12 months. The price of material is contained within the individual job allocations.
Asset Management Implications
Nil
Statutory Implications
Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000.
Policy Implications
Nil
Strategic Implications
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 practice and maintenance programs
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Environmental Considerations
N/A
a. |
Confidential - Tender Submission Price - Confidential |
|
That Council award Tender 0614 Supply & Delivery of Cement and Concrete products to Holcim Australia as per the schedule of rates submitted within the tender documentation. Voting Requirement Simple Majority
|
24 June 2014 Page 82
Tender 0414 Supply & Placement of Hotmix Asphalt
Author/s |
Amelia Fitzgerald |
Engineering Administration Officer |
Authorisor/s |
Gavin Harris |
Director Engineering Services |
File Ref: F14/302
Applicant
Engineering Services
Location/Address
N/A
Executive Summary
To allow Council to make an informed decision with regard to awarding Tender 0414, for the supply and placement of Hotmix Asphalt.
Recommendation in Brief
That Council award Tender 0414 for the Supply and Placement of Hotmix Asphalt to Total Asphalt as per the schedule of rates submitted within the tender documentation.
Background
The Shire of Esperance had previously entered a contract for a 4 year period for the supply and delivery of asphalt material which ends on 30 June 2014.
Tenders were to be assed based on the following matrix –
Criteria |
Weighting |
Relevant Experience |
20% |
Quality |
20% |
Price |
60% |
Generally the assessment matrix allows the tenders to be evaluated in an unbiased manner. The tenderer with the highest overall score may be considered to be the most advantageous tender. This is used as a guide only during the assessment and is not necessarily binding on Council. As there was only one submission received a combined score for the tender was not determined from the individual assessment due to this process being used to prioritise multiple tenders.
Officer’s Comment
The only tender received was from Total Asphalt who are an established company based in Kalgoorlie and have undertaken some minor works for the Shire on previous occasions.
As only one tender was received from an established asphalt company no assessment matrix was completed by staff.
Consultation
Nil
Financial Implications
The price quoted is on par with minor asphalt works undertaken by the Shire over the past 12 months from two other companies. The price of material is contained within the individual job allocations.
Asset Management Implications
Nil
Statutory Implications
Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000.
Policy Implications
Nil
Strategic Implications
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 practice and maintenance programs
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Environmental Considerations
N/A
a. |
Confidential - Tender Submission Price - Confidential |
|
That Council award Tender 0414 for the Supply and Placement of Hotmix Asphalt to Total Asphalt as per the schedule of rates submitted within the tender documentation. Voting Requirement Simple Majority
|
24 June 2014 Page 84
12.3 Corporate Services
Lease - Esperance Playgroup relocation
Author/s |
Jennifer Parry |
Manager Administration Services |
Authorisor/s |
Shane Burge |
Director Corporate Services |
File Ref: F13/1007
Applicant
Esperance Playgroup Association Inc
Location/Address
Existing lease – Reserve 32632 Proposed new lease – Reserves 31633 & 34556
Lots 369 & 370 Black Street Lots 388 & 389 Black Street
Executive Summary
For Council to consider allowing Esperance Playgroup Association Inc to lease the property previously leased to Esperance Pre-Primary Kindergarten; Reserves 31633 & 34556 being Lots 388 & 389 Black Street Esperance.
Recommendation in Brief
That Council subject to the approval of the Minister of Lands agrees to lease to the Esperance Playgroup (Inc) Reserves 31633 & 34556 being Lots 388 & 389 Black Street Esperance, subject to certain conditions.
Background
The Esperance Playgroup have been in their current location since November 1989, patronage of their organization has steadily grown over the years and they expect this growth to continue.
The Playgroup’s existing leased property (Lots 369 & 370) has been reasonably maintained by the Playgroup, but due to structural issues (asbestos) the Shire has made several repairs over recent years to ensure the safety of all users. The proposed new property (Lots 388 & 389) offers almost twice the current floor space and is well suited to their needs; having previously been occupied by the Department of Education operating as a pre-school kindergarten for in excess of 40 years and as such conforms with the purpose of the Management Order being ‘Kindergarten and Protection of Obelisk HMS Waterwitch 1897’.
The proposed new property (Lots 369 & 370) is also on the Shire Asbestos Register, but currently in reasonably sound condition. The Register identifies asbestos material in external walls and vent pipe, internal walls, eaves and some ceilings. Estimation to remove and dispose of existing material internally and re-clad internal wall linings was approximately $16,000. Funding for this work could be considered in the forthcoming building maintenance program.
Esperance Home Care has in the past expressed interest in expanding their premises into the adjoining Lots 369 & 370 if the Playgroup were to move out. They have been operating ‘Men’s Shed’ type activities from the large shed at the back of Lots 369 & 370 for some time.
Officer’s Comment
This property is well suited to a pre-school / child care centre as it was purpose built for this use and would require major renovations to be used for any other purpose. Conversely, it is considered that the commencement of the lease to Esperance Playgroup should be deferred until re-clad works are carried out via the 2014/15 building maintenance program.
Esperance Playgroup currently have children’s play equipment installed at their existing property and understand that they would be required to relocate it and are working on addressing the issue if successful in gaining a lease on the new property.
Consultation
Shire of Esperance Building Services
Landgate
Esperance Playgroup
Financial Implications
The financial implications arising from this report in regard to Lots 388 & 389 are minimal other than the cost for re-cladding the interior walls. The forthcoming financial implications for Lots 369 & 370 are unknown until the future of the premises is determined.
Asset Management Implications
$20,000 is proposed to be included in the building maintenance budget (for Lots 388 & 389) for the removal of high risk asbestos; being that asbestos that may be broken through general usage of the property by the playgroup.
The property is located on a Crown Reserve with management vested to the Shire of Esperance with power to lease subject to ministerial approval.
The recent Hester Public Land Strategy, as received by Council in March 2014, identifies Lots 388 & 389 for development potential; however, only if reserve status was extinguished and the Shire were to acquire the land through Cabinet approval.
Given that these are vested reserves, there is strong merit in their continued use for community purposes. The proposed lease term for the Playgroup is 5 years which would not tie the property up for an extensive period, providing Council with time to consider possible alternative options into the future following potential implementation of the town revitalisation plan.
Statutory Implications
Local Government (Functions and General) Regulations 1996
30. Dispositions of property excluded from Local Government Act 1995 (the Act) s. 3.58
Local Government Act 1995 (the Act)
s. 3.58. Disposing of property
Policy Implications
This report relates to Council Policy CORP 004 for Building and Property Leases.
The Building and Property Lease Policy determines property classifications that can be applied to all Council’s property providing for consistency in leased documentation and equity in terms and conditions within the various property classifications. This policy also aims to clarify the role and responsibilities between the Lessor (Shire) and Lessee on matters relating to cleaning, internal and external property maintenance.
The applicable classification for this item is:
Community Services – Category 2
· Development of facilities mainly by Government funds on land controlled/vested to Shire of Esperance.
· Facilities are leased to and operated by government agency or community based incorporated business.
· Maintenance, operational, cleaning expenses etc are provided by the facility operator/agency.
· Outgoings, utility charges, rates etc are charged directly to operators.
· Major repairs or refurbishment costs funded by operators.
Strategic Implications
Strategic Community Plan 2012-2022
Social
1.3 Facilitate improved access to health and welfare programs and education opportunities in the Shire.
1.4 Encourage and support volunteers and community groups
Economic
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
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Corporate Business Plan
Civic Leadership
4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire
4.5.12 Manage Shire leases and insurances
Environmental Considerations
Shire of Esperance Building Services Department will be required to arrange inspection of the premises on a regular basis to monitor any disturbance or damage to the identified asbestos materials in the property.
Nil
That Council subject to the approval of the Minister of Lands, agrees to lease to the Esperance Playgroup (Inc) Reserves 31633 & 34556 being Lots 388 & 389 Black Street Esperance, subject to the following: 1) The term of the lease to be 5 years; 2) The lease rental to be $1.00 as and when demanded; 3) The lease area is to be Reserves 31633 & 34556 as defined and displayed clearly in the lease document; 4) The use of the property to be for children’s playgroup in compliance with the Management Order for the land; and 5) That all lease terms and conditions be as the Shire’s Standard Lease for Community Services Groups. Voting Requirement Simple Majority
|
24 June 2014 Page 88
Reassignment of Lease - Hangars 2 & 5 Esperance Airport
Author/s |
Jennifer Parry |
Manager Administration Services |
Authorisor/s |
Shane Burge |
Director Corporate Services |
File Ref: F13/384
Applicant
Andrew & Mary-Anne Young trading as Archipelago Aviation
Location/Address
Executive Summary
For Council to consider allowing the reassignment of Hangar Lots 2 and 5 at Esperance Airport from Archipelago Aviation to South East Air Ag Pty Ltd.
Recommendation in Brief
That Council consents to reassignment of the existing lease on Hangar Lots 2 and 5 at Esperance Airport from Andrew & Mary-Anne Young trading as Archipelago Aviation to South East Air Ag Pty Ltd.
Background
A letter signed by both Archipelago Aviation (AA) & South East Air Ag Pty Ltd (SEAA) was sent to the Shire in 2011 requesting that the lease on Hangar Lots 2 and 5 be reassigned from AA to SEAA. For reasons unknown, this letter was not acted upon by Officers at the time. Invoices for Airport Lease Fees were continued to be sent which caused problems as AA considered that the SEAA should be invoiced.
Negotiations have taken place with amended invoices having been sent; it is anticipated that the accounts will be settled in the near future.
Officer’s Comment
SEAA currently hold a land only lease for Hangar Lots 4, 6, 7 & 8. No grounds have been identified to decline the request for reassignment other than ensuring that the transaction is subject to all invoices for both parties are fully paid prior to reassignment taking place.
Consultation
McLeods Barristers & Solicitors
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 - Section 3.58 Disposing of Property
Policy Implications
This item relates to Council Policy CORP 004 for Building and Property Leas
Strategic Implications
Strategic Community Plan 2012-2022
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 4.5.12 Manage Shire leases and insurances
Environmental Considerations
N/A
Nil
That Council consents to reassignment of the existing lease on Hangar Lots 2 and 5 at Esperance Airport from Andrew & Mary-Anne Young trading as Archipelago Aviation to South East Air Ag Pty Ltd. Voting Requirement Simple Majority
|
24 June 2014 Page 90
Appointment of Authorised Persons - Caravan Parks & Camping Grounds Act 1995
Author/s |
Jennifer Parry |
Manager Administration Services |
Authorisor/s |
Shane Burge |
Director Corporate Services |
File Ref: F13/272
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to consider the appointment of particular individuals as Authorised Persons under the Caravan and Camping Grounds Act 1995.
Recommendation in Brief
That Council appoint Richard Hindley, Rod Hilton, Paul Clifton, Eldrian Basson, Paul Grayson, Heather Beswick, Jan Verbaant, Tundra Foo, Shane Dwyer and Rowan Donovan as Authorised Persons under the Caravan and Camping Grounds Act 1995.
Background
Previously the abovementioned Manager and Officers exercised their ability to act under delegation. WALGA’s Governance Advisor has recently advised that acting under delegation is not permitted as this Act does not have the provision of delegating the ability to make appointments to the CEO. S.17(1)(a) of the Caravan and Camping Grounds Act 1995 only permits the Local Government (Council) to consider such appointments.
Officer’s Comment
It will be recommended in the 2014/2015 review of the Shire of Esperance Delegation Register (1.5 Appointment of Authorised Officers) be amended to remove the delegation allowing the CEO to appoint authorised persons under the Caravan and Camping Grounds Act 1995.
The appointees will also be required to carry the prescribed Form 5 Identity Card as specified in the Caravan Parks and Camping Grounds Regulations 1997.
Consultation
Shire of Esperance Health & Environmental Services
Director Community Services
WALGA Governance Advisor
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995
Caravan and Camping Grounds Act 1995
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
4.2 Maintain a clear, transparent and ethical decision making process
Corporate Business Plan 2013/2014 – 2016/2017
4.5.8 Review and update Delegations Register
Environmental Considerations
N/A
Nil
That Council appoint the following individuals as Authorised Persons under the Caravan and Camping Grounds Act 1995; 1) Richard Hindley – Director Development Services; 2) Rod Hilton – Director Community Services; 3) Paul Clifton – Manager Health & Environmental; 4) Eldrian Basson – Environmental Officer; 5) Paul Grayson – Environmental Health Assistant; 6) Heather Beswick – Senior Ranger; 7) Jan Verbaant – Ranger; 8) Tundra Foo – Ranger; 9) Shane Dwyer – Ranger; and 10) Rowan Donovan – Ranger.
Voting Requirement Simple Majority
|
24 June 2014 Page 92
Delegations Register - Annual Review
Author/s |
Jennifer Parry |
Manager Administration Services |
Authorisor/s |
Shane Burge |
Director Corporate Services |
File Ref: F12/256
Applicant
Corporate Services
Location/Address
N/A
Executive Summary
For Council to review its delegations to the Chief Executive Officer in accordance with the requirements of Section 5.46(2) of the Local Government Act 1995.
Recommendation in Brief
That Council approve the Delegated Authority Register 2014/2015 to the Chief Executive Officer inclusive of all amendments detailed within Table 1 of this report.
Background
Section 5.42 of the Local Government Act 1995 (the Act) provides authority to a local government to delegate to the CEO any of its powers or the discharge of any of its duties under the Act other than those referred to in section 5.43.
Section 5.46(1) of the Act requires the CEO to keep a register of delegations made to the CEO and to employees. Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 25 June 2013 (Resolution No. O0613-012), and therefore a formal review by Council is now required.
A full copy of the Delegation Register has been appended under separate cover for the information of Elected Members.
Officer’s Comment
Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year.
The purpose of this annual review is for Council to consider its delegations to the Chief Executive Officer, or delegations direct to other officers, and determine their ongoing suitability.
Shire staff have reviewed the delegated authority register to determine:
· the appropriateness of the existing delegations and whether to amend or delete any
delegations
· the need for any additional delegations
· administrative corrections such as changes to position titles
A summary of proposed amendments (Table 1) lists those amendments that have been identified as requiring Council approval. The proposed amendments reflect:
· changes to legislation;
· improved wording to assist with the understanding of the delegation currently in place; and
· the inclusion of additional officers to improve workflow processes and service delivery.
The proposed changes do not amend or alter the remainder of the current delegations that are already in place.
Table 1.
No. |
Delegation |
Proposed Amendment |
|
Local Government Act |
|
1.1 |
Delegation of powers and duties of the Local Government to the CEO |
Repeal. WALGA has advised that this delegation is effectively providing the CEO with all the powers under the Act and Regulations other than those listed in s.5.43. This was never the intention of the Act. |
1.5 |
Appoint authorised persons |
Amend. Change title and amend section numbers to accurately specify the delegation. Health & Food Act removed as new delegations proposed for both. Environmental Protection Act removed as no delegations are permitted. |
1.10 |
Donations |
Amend. To reflect recent change to fund names. |
1.15 |
Entry in an emergency |
Repeal. The statutory power being delegated [s.3.34(1)] is covered by s3.28 – Powers of entry in Delegation 1.5 – Appoint authorised persons. |
|
Building Act 2011 |
|
2.1 |
Building Permit |
Repeal. Existing delegations numbers 2.1, 2.2, 2.3, 2.4, 2.5 & 2.6 recommended for replacement by new delegation number 2.1 Powers Pursuant to the Building Act 2011. The new delegation includes not only these delegations but additional delegations granted by Council in the Ordinary Council Meeting 22 May 2012 (Res # O0712-065) and not included in the previous register.
|
2.2 |
Demolition Permit |
|
2.3 |
Grant of Occupancy Permit, Building Approval Certificate |
|
2.4 |
Extension of Period of Duration |
|
2.5 |
Building Orders |
|
2.6 |
Revocation of Building Order |
|
|
Health Act 1911 |
|
3.1 |
General Competence Powers – Various Sections |
Repeal. Replace with the following delegation. |
3.1 |
Appointment of deputy |
New. The previous delegation was authorising officers to carry out the certain sections of the Act under s.26; but s.26 is actually the power under the Act for the local government to appoint a deputy and s.27 is the statutory power required to be delegated for the deputy to exercise and discharge the powers and functions of the local government under this Act. |
|
Planning & Development Act 2005 |
|
4.3 |
Improvement Notices - Issuing |
Amend. Required to include new Compliance Officer position. |
|
Food Act 2008 |
|
6.1 |
Prohibition orders |
Amend. Inclusion of Director Development Services, Manager Health & Environment and Principal Environmental Health Officer along with the CEO as recipients of the delegation from Council as the Food Regulations 2009 do not allow for sub-delegation. |
6.2 |
Registration of food business |
|
6.3 |
Prosecutions |
|
6.4 |
Appoint authorised officers |
Amend. Title amended to more clearly reflect the function being delegated. The function was incorrectly stating that s.122 of the Act was the function delegated when essentially s.122 is the statutory power being delegated and s.126 (13) is the function delegated for the purpose of issuing infringement notices. |
Consultation
Shire of Esperance Department Managers
Executive Management Team
WALGA
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Sections 5.42 & 5.46 of the Local Government Act 1995
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire
4.6 Employees actively contribute to improved operational service delivery and ensure excellent customer service
Corporate Business Plan 2013-2014
4.5.8 Review and update Delegations Register
Environmental Considerations
Nil
a. |
Draft Delegated Authority Register 2014/2015 - Under Separate Cover |
|
That Council approve the Delegated Authority Register 2014/2015 to the Chief Executive Officer inclusive of all the amendments detailed within Table 1 of this report. Voting Requirement Absolute Majority
|
24 June 2014 Page 96
New lease - Esperance Football and Sporting Club Inc.
Author/s |
Jennifer Parry |
Manager Administration Services |
Authorisor/s |
Shane Burge |
Director Corporate Services |
File Ref: F14/375
Applicant
Esperance Football and Sporting Club Inc.
Location/Address
Executive Summary
For Council to consider agreeing to the surrender of the current lease between the Shire and Esperance Football and Sporting Club in conjunction with granting a new 21 year lease to Esperance Football and Sporting Club.
Recommendation in Brief
That Council agrees to surrender the current lease (Landgate Registration No: J718998) and enter into a new lease with Esperance Football and Sporting Club (Inc) for a portion of Lot 955 Coolgardie Street Nulsen, Reserve 9677, subject to the approval of the Minister of Lands and certain conditions.
Background
In May 2014 Council resolved to allow an increase in the current lease area for Esperance Football and Sporting Club (EF&SC).
Following Council’s decision, the next step was to commence processing of an amendment to the existing lease. As the current lease is lodged at Landgate, advice was sought from them for the correct procedure required by them to achieve the desired outcome. Advice received was that amendments can be made to a lease registered with Landgate; for all changes other than to the term of lease and area of lease. For that reason, the current lease must now be surrendered and a new lease granted with the increased land area.
Officer’s Comment
EF&SC have been advised of Landgate’s requirements and have agreed to surrender their current lease and enter into a new lease for the term of 21 years. The agreement will utilise the Shire’s current land only lease document with EF&SC being responsible and all building repairs, maintenance and renewal along with all outgoings.
The lease would be compliant with the Shire’s Management Order (No: G790120) for this property with the current purpose being recreation with the power to lease for any term not exceeding 21 years subject to the consent of the Minister for Lands.
Consultation
Department of Lands
Landgate
Esperance Football & Sporting Club
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 - Section 3.58 Disposing of Property
Land Administration Act 1997 - Section 18 Crown Land Transaction that Minister’s Approval
Policy Implications
This item relates to Council Policy CORP 004 for Building and Property Leases
Strategic Implications
Strategic Community Plan 2012-2022
1.4 Encourage and support volunteers and community groups
Corporate Business Plan 2013/2014 – 2016/2017
Action 4.5.12 Manage Shire leases and insurances
Environmental Considerations
N/A
Nil
That Council agrees to surrender the current lease (Landgate Registration No: J718998) and enter into a new lease with Esperance Football and Sporting Club (Inc) for a portion of Lot 955 Coolgardie Street Nulsen, Reserve 9677, subject to the approval of the Minister of Lands and the following conditions; 1) The term of the lease be 21 years; 2) The lease rent be $1.00 per annum as and when demanded; 3) The area of the lease to be clearly identified on an attachment to the lease document; and 4) That the lease terms and conditions be as per the current Land Only Standard Lease for Sporting and Community Groups.
Voting Requirement Simple Majority
|
24 June 2014 Page 99
Financial Services Report - May 2014
Author/s |
Beth O'Callaghan |
Manager Financial Services |
Authorisor/s |
Shane Burge |
Director Corporate Services |
File Ref: F13/639 - D14/9865
aView. |
Monthly Financial Report - May 2014 |
|
That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity and the Accounts for Payment) for the month of May as attached be received. Voting Requirement Simple Majority
|
24 June 2014 Page 161
12.4 Community Services
Community Grants Program - 2014/2015 Budget and Annual Applications
Author/s |
Lynda Horn |
Community Services Officer |
Authorisor/s |
Rod Hilton |
Director Community Services |
File Ref: F14/378
Applicant
Community Services
Location/Address
Internal
Executive Summary
That Council considers the applications received under the Community Grants program, annual allocation programs and the allocation of funds for the 2014/2014 budget for the Community Support Program and Community Activities Program.
Recommendation in Brief
That Council includes into the 2014/2015 Annual Budget the following funds to be distributed in accordance with the criteria and guidelines of the Community Grants Program:
· Community Support Program budget of $10,000
· Community Activity Program budget of $12,000
· Community Assistance Program, applications to the value of $7,100
· Community Development Program, applications to the value of $106,276
· Community Events Program, applications to the value of $16,500
Background
The Community Grants Program is the Shire’s principal community investment program. Through this program council contributes to community wellbeing by:
· Supporting and stimulating diverse and dynamic projects, programs and activities;
· Encouraging collaboration through engagement and participation in the community;
· Facilitating stronger, more sustainable and resilient communities; and
· Supporting the maintenance and upgrade of community facilities.
This will be the 14th year of the provision of grant funding to the community.
A total of 19 applications, requesting $309,448 ,were received under the 3 annual grant categories of the Community Grants Program:
· Community Assistance Program (6 applications)
· Community Development Program (8 applications)
· Community Events Program (5 applications)
The guidelines and application forms for the Community Grants Program are available on the Shire’s website. As outlined in the guidelines “The grants program is designed to provide limited financial assistance and is not intended to be relied upon as a primary or recurrent source of funding”, and “All funding requests must not exceed 50% of the total project cost (with the exception of the Community Support Program).”
Amongst other requirements, part of the guiding assessment criteria includes that applicants demonstrate the community need for the project, benefit to the community, alignment to the Shire of Esperance Strategic Community Plan, organisational ability to effectively manage the project, and capacity to make a financial and in-kind contribution towards the project.
Officer’s Comment
Please refer to the confidential Community Grants Program Matrix, supplied to Council, for individual assessments of applications received. All applications have been reviewed resulting in the recommendations for funding, however the following applications have not been recommended for funding:
· Esperance Care Services – Data Collection Program project
· Esperance Bay Yacht Club – Volunteer and Administrator Committee Room project
· SAFE Esperance – Cat Sterilisation Program
· Newtown Cricket Club – Pitch Replacement project
· Rotary Club of Esperance – Australia Day Celebrations 2015
An annual allocation for the remaining two categories, Community Support Program and Community Assistance Program, is required for the 2014/2015 budget.
At the Ordinary Council Meeting held on 26 November 2013 (resolution O1113-005), Council have committed to the provision of $43,296 to the Esperance Community Arts for the 2014/2015 year.
Consultation
A panel of Community Services Managers, the Directors and CEO has reviewed the applications received.
Financial Implications
This report commits $195,172 to the Community Grants Program and $111,263 from Municipal Funds in the 2014/2015 Annual Budget.
Asset Management Implications
N/A
Statutory Implications
Local Government Act 1995, Section 6.2 Local Government to prepare annual budget
Policy Implications
N/A
Strategic Implications
Strategic Community Plan 2012-2022
Theme 1: Social
Action 1.4 Encourage and support volunteers and the community
Corporate Business Plan 2013/2014 – 2016/2017
1.4.2 Manage the Community Development Fund
Environmental Considerations
N/A
Nil
Recommendation 1 That Council includes into the 2014/2015 Annual Budget the following funds, to be distributed in accordance with the criteria and guidelines of the Community Grants Program: · Community Support Program budget of $10,000 · Community Activity Program budget of $12,000
Recommendation 2 That Council includes into the 2014/2015 Annual Budget the following funds, to be distributed in accordance with the criteria and guidelines of the Community Grants Program: · Community Assistance Program Applications budget of $7,100, allocated to the following organisations: o Esperance St John Ambulance – Ambulance Roller Door Replacement project - $2,600 o Esperance Community Kindergarten – Reticulation project - $2,500 o Local Environment Awareness Forum
(LEAF) – 25th Year Celebration event - $2,000 · Community Development Program Applications budget of $106,276, allocated to the following organisations: o Escare Inc – One and All Inclusion Project - $2,500 o Esperance Brass Band – 2014/2015 Operational Costs - $5,000 o Esperance Football Club – Facility Upgrade project- $32,372 o Cannery Arts Centre – Maintenance - $900 towards the Fire Extinguisher maintenance and $5,000 to be managed by the Shire of Esperance towards car park maintenance. o Esperance Soccer Association – Little Lords Interim Facilities project – up to $20,000 towards a satisfactory temporary storage and administration facility. o Gibson Football Club – Lighting Upgrade project - $40,504 subject to approved Department of Sport and Recreation CSRFF funding.
· Community Events Program Applications budget of $16,500, allocated to the following organisations: o Condingup P&C – 2015 Condingup Community Fair - $2,000 o Esperance Speedway – WASCF Inc Street Stock State Title - $7,500 o Esperance Music Festival – Annual Esperance Music Festival Event - $2,000 o Festival of the Wind – 2015 Festival of the Wind - $5,000 subject to satisfactory acquittal of the 2013/2014 grant funds.
Recommendation 3 That Council includes into the 2014/2015 Annual Budget the amount of $111,263 for the Indoor Sports Stadium Management Committee – Ablution Upgrade project, to be funded independently of the Community Grants Program. Voting Requirement Absolute Majority
|
24 June 2014 Page 164
12.5 Executive Services
Information Bulletin June 2014
Author/s |
Helen Hall |
Executive Assistant |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: 0
Applicant
Executive Services
aView. |
GVROC Minutes - May 2014 |
|
bView. |
Esperance Roadwise Meeting Minues - 5 June 2014 |
|
cView. |
Information Bulletin - June 2014 |
|
That Council accept the Information Bulletin for June 2014 including; 1. Minutes of the GVROC Meeting – May 2014 2. Minutes - Esperance Roadwise Meeting – 5 June 2014 Voting Requirement Simple Majority
|
24 June 2014 Page 165
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Council Meeting
Friday 2 May 2014
Teleconference
Commencing at 9.00am
MINUTES
CONTENTS
2. ANNOUNCEMENTS
3. ATTENDANCE AND APOLOGIES
3.1 Attendance
3.2 Apologies
3.3 WALGA Representatives
4. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS
4.1 Review of WALGA State Council Agenda - Matters for Decision
4.2 Review of WALGA State Council Agenda - Matters for Noting
4.3 Review of WALGA State Council Agenda – Organisational Reports
4.4 Review of WALGA State Council Agenda – Policy Forum Reports
4.5 WALGA President’s Report (Attachment)
4.6 WALGA Status Report (Attachment)
4.7 State Councillor / Goldfield Esperance Zone President’s Report
5. REPRESENTIVE REPORTS
5.1 Department of Local Government and Communities (Attachment)
6 URGENT BUSINESS as permitted by the Chair
7 DATE, TIME AND PLACE OF NEXT MEETING
9. CLOSURE OF MEETING
Goldfields Voluntary Regional Organisation of Councils
and
Goldfields esperance country zone of walga
Teleconference Meeting to be held on Friday 2 May 2014 commencing at 9.00am
MINUTES
1. DECLARATION OF INTEREST
Pursuant to the Code of Conduct, Councillors and CEOs must declare to the Chairman any potential conflict of interest they may have in a matter before the Goldfields Voluntary Regional Organisation of Councils and Goldfields Esperance Country Zone of WALGA as soon as they become aware of it. Councillors, CEOs and Deputies may be directly or indirectly associated with some recommendations of the Goldfields Voluntary Regional Organisation of Councils and the Goldfields Esperance Country Zone of WALGA and the WALGA State Council. If you are affected by these recommendations, please excuse yourself from the meeting and do not participate in deliberations.
Cr Goldfinch declared an impartiality interest with respect to Item 4.1 (51 Interim Submission to the Inquiry into the Management of WA’s Freight Rail Network). Cr Goldfinch is a former board member of CBH.
Mayor Yuryevich declared an interest with respect to Item 4.4 (7.2.1 Metropolitan Reform Implementation Policy Forum). Mayor Yuryevich is a member of the Local Government Advisory Board.
2. ANNOUNCEMENTS
The purpose of the meeting is to consider and provide advice to the WALGA State Council Representative, Mayor Ron Yuryevich AM, RFD.
3. ATTENDANCE AND APOLOGIES
3.1 Attendance
Mayor Ron Yuryevich AM RFD (Chair) Mayor, City of Kalgoorlie-Boulder
Mr Don Burnett CEO, City of Kalgoorlie-Boulder
Cr Mal Cullen President, Shire of Coolgardie
Mr Paul Webb CEO, Shire of Coolgardie (left the meeting at 9.07am)
Ms Rhonda Evans Manager Administration Services, Shire of Coolgardie (entered the meeting
at 9.07am)
Cr Malcolm Heasman President, Shire of Esperance
Cr Beverley Stewart Councillor, Shire of Esperance
Mr Matthew Scott CEO, Shire of Esperance
Cr Patrick Hill President Shire of Laverton
Mr Steve Deckert CEO, Shire of Laverton
Mr Jim Epis CEO, Shire of Leonora
Cr Greg Dwyer President, Shire of Menzies (entered meeting at 9.05am)
Mr Chris Paget CEO, Shire of Ngaanyatjarraku
Cr Ian Goldfinch President, Shire of Ravensthorpe
Cr Ken Norman Councillor, Shire of Ravensthorpe
Ms Helen Westcott Joint Executive Officer
3.2 Apologies
Mr Richard Brookes CEO, Shire of Dundas
Cr Rob Wedge Deputy President, Shire of Laverton
Cr Beatrice Fuamatu Councillor, Shire of Laverton
Cr Peter Craig President, Shire of Leonora
Mr Peter Crawford CEO, Shire of Menzies
Mr Pascoe Durtanovich CEO, Shire of Ravensthorpe
Mr Bruce Wittber Joint Executive Officer
3.3 WALGA Representatives
Mr Zac Donovan, Executive Manager Marketing and Communications
Ms Erin Fuery, Senior Community Policy Officer
4. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS
Zone delegates to consider the Matters for Decision contained in the WA Local Government Association State Council Agenda and put forward resolutions to Zone Representatives on State Council
4.1 Review of WALGA State Council Agenda - Matters for Decision
From Executive Officer
Background:
WALGA State Council meets five times each year and as part of the consultation process with Member Councils circulates the State Council Agenda for input through the Zone structure.
The Goldfields Voluntary Regional Organisation of Councils (GVROC) is able to provide comment or submit an alternate recommendation that is then presented to the State Council for consideration.
5.1 Interim submission to the Inquiry into the Management of WA’s Freight Rail Network (05-006-02-0005 PS)
WALGA Recommendation
That the Association’s interim submission to the Economics and Industry Standing Committee’s Inquiry into the Management of WA’s Freight Rail Network.
ZONE COMMENT:
5.2 Zone Tax Offset Reform (05-055-03-0002 PS)
WALGA Recommendation
That the Association advocate to the Federal Government for:
1. The following increases in the fixed component of the zone tax offset: Zone A, from $338 to $584; Zone B, from $57 to $99; Special Areas, from $1173 to $2028. The variable components of the zone tax offset (i.e., notional offsets) should be increased by the same proportion as the fixed components.
2. Indexation of zone tax offsets to reflect changes in the Australian Consumer Price Index.
3. Eligibility changes to ensure the zone tax offset only applies to permanent residents of the zones.
4. A review of the zones so that they reflect a more contemporary definition of remoteness.
5. A review of higher income earners’ eligibility for the zone tax offset.
6. Any savings that are made from better targeting of the zone tax offset should go towards further increasing the amount of the offset for those taxpayers who remain eligible.
ZONE COMMENT:
GVROC support WALGA Recommendation.
5.3 Interim submission to the Productivity Commission’s Draft Report on Public Infrastructure (05-088-03-0001 PS)
WALGA Recommendation
That the Association’s interim submission to the Productivity Commission’s Draft Report on Public Infrastructure be endorsed.
ZONE COMMENT:
GVROC support WALGA Recommendation.
5.4 Senate Economics References Committee: Inquiry into Affordable Housing in Australia – WALGA Submission (05-036-03-0020 CG)
WALGA Recommendation
That State Council endorse the interim submission to the Senate Economics References Committee regarding the Inquiry into Affordable Housing in Australia.
Executive Officer Comment:
This matter was discussed at the GVROC Council Meeting held Friday 28 February 2014 at which the City of Kalgoorlie-Boulder made some comments and suggestions on the matter of affordable housing. Some, including the difficulty in defining “affordable housing”, have been included within the interim submission.
The City of Kalgoorlie-Boulder might wish to add further comment.
ZONE COMMENT:
GVROC support WALGA Recommendation.
5.5 Review of the Australian Citizenship Ceremonies Code 2009 (05-091-03-0001 JH)
WALGA Recommendation
That the Associations’ interim submission to the Hon Scott Morrison MP, Minister for Immigration and Border Protection’s Review on Australian Citizenship Ceremonies Code (2009) be endorsed.
ZONE COMMENT:
GVROC support WALGA Recommendation.
5.6 WA Police and WALGA Memorandum of Understanding for the Provision of Crime Statistics (05-019-03-0006JH)
WALGA Recommendation
The proposed Memorandum of Understanding between WA Police and WA Local Government Association for the provision of crime statistical information be endorsed.
ZONE COMMENT:
The following is an extract from the State Council agenda:
In Brief
· Local Governments and the Association have been advocating for many years for access to better statistical data on crime from WA Police to assist Local Governments with Community Safety and Crime Prevention planning.
· In 2011 as part of the State Government’s Community Crime Prevention Plan 2011-2014, the WA Police advised Local Government that they were developing a new system for collection of crime data and sought feedback.
· In 2013 WA Police and WALGA representatives met to discuss the best way to progress Local Government access to the WA Police crime statistics.
· The development of the MOU is significant advocacy win for Local Governments and acknowledges the partnership between WA police and Local Government.
GVROC support WALGA Recommendation.
5.7 Local Government & Provision of Facilities for Child Health Centres (05-019-03-0006JH)
WALGA Recommendation
That:
1. The final AEC Report Local Government and Provision of Facilities for Child Health Centres be forwarded to the Hon Kim Hames, Minister for Health and the Hon Tony Simpson, Minister for Local Government and Communities seeking a commitment to the following outcomes:
a. The Department of Health and the Department of Local Government and Communities working with Local Government to develop a strategic plan for the provision of child health services, which identifies priority locations requiring maternal and child health services based on population growth and demographic data, and provides a sustainable framework for future investment by the State Government; and.
b. The Departments working with WALGA and its members to establish sustainable and equitable funding and leasing arrangements between the State and Local Governments for the provision of facilities from which child health services are delivered in Western Australia;
2. WALGA develop and conduct a Local Government Early Years Forum to enable Local Governments to discuss the key issues facing the sector.
ZONE COMMENT:
GVROC support WALGA Recommendation.
5.8 Review of the State / Local Government Agreement for the Provision of Public Library Services (05-012-03-0001JH)
WALGA Recommendation
1. That an extension to the current State / Local Government Agreement for the Provision of Public Library Services to June 2015 is supported;
2. That WALGA is requested to conduct a broad review and visioning process on the future of public library services comprised of:
a. a background paper on trends, priorities and innovation in library services in other jurisdictions;
b. a series of visioning workshops and forums with elected members, CEO’s, managers, public librarians and community groups;
c. an analysis of the financial contributions of the State and Local Governments to libraries, the socio-economic benefits derived from this investment and potential sources of funding; and
d. development of a paper outlining the vision of WA Local Governments for public library services in 2025 and the strategies to achieve this;
and provide a report to State Council on the outcomes of the process by March 2015.
Executive Officer Comment:
The City of Kalgoorlie-Boulder has previously made comments on matters involved with the arrangements around funding for the provision of library services. The City might wish to make comment on the matters currently under consideration.
ZONE COMMENT:
GVROC support WALGA Recommendation.
5.9 Interim Submission to the Department of the Environment’s Emission Reduction Fund – Green Paper (05-028-03-0016CP)
WALGA Recommendation
That the Association’s interim submission to the Department of the Environment’s Emission Reduction Fund – Green Paper be endorsed.
ZONE COMMENT:
GVROC support WALGA Recommendation.
ADDITIONAL COMMENT:
The City of Kalgoorlie-Boulder raised concerns around both Items 5.7 and 5.8.
The City’s CEO noted that the City believed the issue of a local government’s responsibility for infrastructure it did not manage should be included in any discussions relating to the provisions of child health care facilities.
He also noted that the City considered that any review of the financial contributions by the State and Local Governments to libraries should also include an analysis of the regional library service.
RECOMMENDATION:
That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations contained in the WALGA State Council Agenda other than those recommendations separately considered.
RESOLUTION: Moved: Cr Cullen Seconded: Cr Goldfinch
That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations contained in the WALGA State Council Agenda other than the recommendations relating to Items5.7 and 5.8.
In relation to Item 5.7 (Local Government & Provisions of facilities for Child Health Centres (05-019-03-0006JH) the Recommendation should read as follows:
That:
1. The final AEC Report Local Government and Provision of Facilities for Child Health Centres be forwarded to the Hon Kim Hames, Minister for Health and the Hon Tony Simpson, Minister for Local Government and Communities seeking a commitment to the following outcomes:
a. The Department of Health and the Department of Local Government and Communities working with Local Government to develop a strategic plan for the provision of child health services, which identifies priority locations requiring maternal and child health services based on population growth and demographic data, and provides a sustainable framework for future investment by the State Government;
b. The Departments working with WALGA and its members to establish sustainable and equitable funding and leasing arrangements between the State and Local Governments for the provision of facilities from which child health services are delivered in Western Australia; and
c. Should a Local Government wish to transfer the title or management order to the State or Health Department at no cost then the State or Health Department should give a commitment to accept the property or management transfer.
2. WALGA develop and conduct a Local Government Early Years Forum to enable Local Governments to discuss the key issues facing the sector.
In relation to Item 5.8 (review of the State / Local Government Agreement for the Provision of Public Library Services (05-12-3-001JH) the Recommendation should read as follows:
1. That an extension to the current State / Local Government Agreement for the Provision of Public Library Services to June 2015 is supported;
2. That WALGA is requested to conduct a broad review and visioning process on the future of public library services comprised of:
a. a background paper on trends, priorities and innovation in library services in other jurisdictions;
b. a series of visioning workshops and forums with elected members, CEO’s, managers, public librarians and community groups;
c. an analysis of the financial contributions of the State and Local Governments to libraries and the regional library service, the socio-economic benefits derived from this investment and potential sources of funding; and
d. development of a paper outlining the vision of WA Local Governments for public library services in 2025 and the strategies to achieve this;
and provide a report to State Council on the outcomes of the process by March 2015.
CARRIED
4.2 Review of WALGA State Council Agenda - Matters for Noting
6.1 Local Government Reform and Poll Provisions (05-034-01-0015)
Executive Officer Comment:
This matter arises from the discussion at the GVROC Meeting on 28 February 2014 in response to an item submitted by the Shire of Wagin. A number of GVROC’s Member Councils have provided support to the Shire of Wagin’s request for assistance with this matter.
The WALGA State Council Agenda notes that the purpose of the report is:
to inform the sector about the process that has been adopted to address this issue and to stimulate discussion within the sector. The opportunity for the sector to decide on the issue and form part of the Association’s policy development process will be through the Zone process leading to the 2 July 2014 State Council meeting where a formal policy position will be taken for advocacy to the State Government.
The WALGA President’s Report also makes reference to the fact that the issue was considered at the Metropolitan Local Government Reform Implementation Committee meeting.
6.2 Review of 2013 Local Government Elections – Member Feedback (06-024-01-001JMc)
4.3 Review of WALGA State Council Agenda – Organisational Reports
7.1 Key Activity Reports
7.1.1 Report on Key Activities, Environment and Waste Unit (01-006-03-0017 MJB)
7.1.2 Report on Key Activities, Governance and Strategy (01-006-03-0007 TB)
7.1.3 Report on Key Activities, Infrastructure (05-001-02-0003 ID)
7.1.4 Report on Key Activities, Planning and Community Development (01-006-03-0014 AH)
Executive Officer Comment:
Included in this Key Activities Report are the following matters:
Regional Planning and Infrastructure Frameworks
Regional Planning and Infrastructure Frameworks for the State’s country planning regions, with the following Regional Planning and Infrastructure Frameworks currently available for comment until the 5th June 2014: -
· Goldfields-Esperance Regional Planning and Infrastructure Framework
· Wheatbelt Regional Planning and Infrastructure Framework
· South West Regional Planning and Infrastructure Framework
· Great Southern Regional Planning and Infrastructure Framework
· Kimberley Regional Planning and Infrastructure Framework
This matter was covered at the GVROC Council Meeting held Friday 28 March 2014.
Patient Assistance Travel (PATS) Review
Funded by Royalties for Regions, the Patient Assisted Travel Scheme (PATS) provides a subsidy towards the cost of travel and accommodation for eligible patients travelling long distances to seek certain categories of specialist medical services. To find out more about the scheme please visit http://www.wacountry.health.wa.gov.au/index.php?id=628#c1120
The Committee on Public Administration has initiated a Parliamentary Inquiry into the State Government’s Patient Assisted Travel Scheme (PATS). The inquiry is examining how adequately PATS delivers assistance to regional people accessing specialist medical care including the level of funding provided for travel and accommodation, eligibility criteria and administration of the scheme. WALGA has circulated an Infopage to all members seeking feedback to inform the development of a WALGA submission by 9 May 2014.
This matter was covered at the GVROC Council Meeting held Friday 28 March 2014.
4.4 Review of WALGA State Council Agenda – Policy Forum Reports
7.2 Policy Forum Reports
7.2.1 Metropolitan Reform Implementation Policy Forum
7.2.2 Country Reform Policy Forum
7.2.3 Mining Community Policy Forum
7.2.4 Container Deposit Legislation Policy Forum
7.2.5 Metropolitan Mayors Policy Forum
RECOMMENDATION:
That the Goldfields Voluntary Regional Organisation of Councils notes the following reports contained in the WALGA State Council Agenda:
§ Matters for noting;
§ Organisational reports; and
§ Policy Forum reports.
RESOLUTION: Moved: Cr Cullen Seconded: Cr Stewart
1. That the Goldfields Voluntary Regional Organisation of Councils notes the following reports contained in the WALGA State Council Agenda:
§ Matters for noting;
§ Organisational reports; and
§ Policy Forum reports.
2. That the Technical Officers Working Group be given delegated authority to prepare a submission on the Goldfields-Esperance Regional Planning and Infrastructure Framework for submission to the Department of Planning prior to the submission period closing on 5 June 2014, with the submission to be ratified by the Goldfields Voluntary Regional Organisation of Councils when it meets on Friady 13 June 2014.
CARRIED
4.5 WALGA President’s Report (Attachment)
The WALGA President, State Councillor or WALGA Officer will deliver this report.
RECOMMENDATION:
That the WALGA President’s Report be noted.
RESOLUTION: Moved: Cr Hill Seconded: Cr Cullen
That the WALGA President’s Report be noted.
CARRIED
4.6 WALGA Status Report (Attachment)
From Executive Officer
BACKGROUND:
Presenting the Status Report for April 2014 which contains WALGA’s responses to the resolutions of previous Zone Meetings.
ZONE COMMENT:
This is an opportunity for GVROC’s Member Council to consider the response from WALGA in respect to the matters that were submitted at the previous Council Meeting.
RECOMMENDATION:
That the WALGA Status Report for April 2014 be noted.
RESOLUTION: Moved: Cr Stewart Seconded: Cr Hill
That the WALGA Status Report for April 2014 be noted.
CARRIED
4.7 State Councillor / Goldfield Esperance Zone President’s Report
Mayor Ron Yuryevich, AM RFD
In his report to Member Councils, Mayor Yuryevich noted the following points:
§ The second meeting of the Goldfields Esperance Revitalisation Advisory Group will take place on 12 May 2014;
§ At a recent meeting with the Minister for Indigenous Affairs the matter of the closure of some short stay indigenous housing was discussed and the problems associated with its closure. The Minister was unaware of this matter. The matter of the normalisation of indigenous townsites was also discussed but as yet there has been no agreement between the Commonwealth and the State Governments on this matter.
5. REPRESENTIVE REPORTS
5.1 Department of Local Government and Communities (Attachment)
The Department of Local Government and Communities has provided an update of its recent activities for Member Councils information.
RECOMMENDATION:
That the Department of Local Government and Communities April 2014 Update be noted.
RESOLUTION: Moved: Cr Dwyer Seconded: Mr Epis
That the Department of Local Government and Communities April 2014 Update and State Councillor – Goldfields Esperance Zone President’s Report be noted.
CARRIED
6 URGENT BUSINESS as permitted by the Chair
Nil
7 DATE, TIME AND PLACE OF NEXT MEETING
Date |
Meeting |
Venue |
Friday 16 May 2014 |
An in-person meeting of the GVROC Technical Officers Working Group to be held in Kalgoorlie commencing at 8.00am |
Kalgoorlie |
Friday 13 June 2014 |
An in-person meeting of the GVROC Council/GERCG Board |
Kalgoorlie |
9. CLOSURE OF MEETING
There being no further business the Chair declared the meeting closed at 9.38am
DECLARATION
These minutes were confirmed by the Goldfields Voluntary Regional Organisation of Councils at the meeting held 13 June 2014
Signed _______________________________
Person presiding at the meeting at which these minutes were confirmed
24 June 2014 Page 177
Shire of Esperance
Esperance Roadwise Committee
Thursday 5 June 2014
MINUTES
24 June 2014 Page 178
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
24 June 2014 Page 179
Table of Contents / Index
ITEM
NO. ITEM HEADING PAGE
1. OFFICIAL OPENING 4
2. ATTENDANCE
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4. PUBLIC QUESTION TIME
5. Deputations, Presentations, Inspections, Petitions
Nil
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. CONFIRMATION OF MINUTES
8. Matters Requiring a Determination of Council
8.1 Road Safety Officer's Report
9. Financial Services Report (Standing Committee)
Nil
10. Advisory Committee Recommendations
Nil
11. Information Bulletin 5
Nil
12. New Business of an Urgent Nature
Nil
13. ELECTED MEMBERS 5
14. SHIRE OFFICERS 5
15. CLOSURE
24 June 2014 Page 180
SHIRE OF ESPERANCE
MINUTES
Esperance
Roadwise Committee Meeting HELD IN
Council Chambers ON
5 June 2014
COMMENCING AT 11am
1. OFFICIAL OPENING
The Presiding Member declared the meeting open at 11.30am.
2. ATTENDANCE
Members
Rob Horan Shire of Esperance Elected Member
Rob Dummermuth Esperance SES Representative
Paul Gaughan St Johns Ambulance
Jill Fitzpatrick School Drug Education and Road Awareness (SDERA)
Megan McManis Department of Health
Ashleigh Potocznys Department of Health
Steve Beswick Esperance Police Service
Ex officio members
Andrea Lambert Regional Road Safety Officer – Goldfields/ Esperance
Rebecca Warren Engineering Administration Assistant
Members of the Public
Nil
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
Scott McKenzie Shire of Esperance
Paul Griffiths Shire of Esperance Elected Member (Deputy)
John Jose Department of Transport
Gary Wilson Department of Transport
4. PUBLIC QUESTION TIME
Nil Questions
5. Deputations, Presentations, Inspections, Petitions
Nil
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
Nil
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
Nil
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
Nil
7. CONFIRMATION OF MINUTES
|
Moved: S Beswick Seconded: R Dummermuth
That the Minutes of the Esperance Roadwise Committee Meeting of the 26 May 2014 be confirmed as a true and correct record. |
CARRIED |
8. Matters Requiring a Determination of Council
8.1 Road Safety Officer's Report |
Moved: S Beswick Seconded: P Gaughan
Officer’s Recommendation That the Esperance Roadwise Committee accept the Road Safety Officer Report for May 2014. CARRIED |
8.2 Driver Reviver
The Driver Reviver scheduled for Friday 30 May 2014 failed to go ahead due to lack of volunteers.
Andrea Lambert has put together an Esperance RoadWise Volunteer application form, position description and attendance register for the Driver Reviver. This form will be made available at the Volunteer Resource Centre, in hope that local volunteer groups will participate in Driver Revivers.
9. Financial Services Report (Standing Committee)
Nil
10. Advisory Committee Recommendations
Nil
11. Information Bulletin
Nil
12. New Business of an Urgent Nature
Nil
13. ELECTED MEMBERS
Nil
14. SHIRE OFFICERS
Nil
15. CLOSURE
The Presiding Member declared the meeting closed at 11.36am.
These Minutes were confirmed at a meeting held on _____________________
Signed ________________________________________
Presiding Member at the meeting at which the Minutes were confirmed.
Dated_____________________
24 June 2014 Page 234
Identification of Next Stage of Flinders to be Developed
Author/s |
Trevor Ayers |
Manager Economic & Business Development |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: F13/535
Applicant
Internal Report
Location/Address
See Attached - Proposed New Sub-division Areas
Executive Summary
With only 15 blocks still available for sale within the current stage of Flinders, planning for the next stage needs to commence. In addition the opportunity to bring some smaller lots to the market also exists through further developing Lot 290 Tribune Parade.
Recommendation in Brief
That Council requests the CEO to proceed with preparing sub-division plans and business cases for:
a) Further sub-dividing Lot 290 Tribune Parade (to deliver high quality townhouse lots),
b) Flinders Stage 3,
as identified on the attached map (Proposed New Sub-division Areas).
Background
Stage 2 of Flinders commenced selling in 2010. Of the 89 lots that were developed 17 have been retained as a ‘buffer’ to future development. 56 of the remaining lots have either been sold or are currently under contract awaiting settlement leaving only 15 standard residential lots and 1 large multi unit site available for purchase.
Approximately 15 sales a year have been achieved for the past two years which, when combined with the expectation that planning and construction of a new stage will take in excess of 12 months, results in the impetus to commence work on Stage 3.
In addition, the multi unit site (Lot 290 Tribune Parade) has had no interest shown in it since it was developed. Accordingly it is proposed to convert this site into high quality townhouse lots rather than relying on one major investor to develop the whole site.
Officer’s Comment
Following good initial take-up in 2009, 2010 – mid 2012 proceeded at a hurple. Since October 2012 we have sold 28 lots with a further three currently awaiting settlement. If this significantly improved rate of sales is maintained our remaining stock of available land will run out by mid 2015.
As discussed at a recent Council Briefing the following is the process required for each new land release;
• Confirm Stage
• Subdivision Plan
• Business Plan
• WAPC Approval
• Construction
• Clearances
• Deposited Plan
• Release of Titles
Confirming the location of the next stage of sub-division is the first step in the above process. By undertaking this step now we should have enough time to complete the steps required to achieve WAPC approval prior to the commencement of next winter (2015). This will allow construction to occur during winter which will minimize any dust issues, with a target of having these new lots available for sale before the end of 2015.
This item purely enables staff to prepare the proposed sub-division plan and statutory business plan for consideration (and advertising) by Council. Following this advertising period Council would then need to approve the final design etc. for lodgment with the WAPC.
Consultation
The project team for this issue includes all members of EMT.
Discussions have also occurred with representatives from KD Bishop and Associates and Thorp realty (our sales representatives for the currently available land in Flinders) and the local representative of Heron Todd White land valuers.
Financial Implications
There are no budget implications from this decision as there is $285,000 in the current budget for planning future Flinders stages along with a $20,000 allocation for advertising and promotions. Of these two budget items only $5,000 of the advertising and promotions has been spent so far in this financial year.
The business plan would include cost estimates for development etc.
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are contained within:
Local Government Act 1995
Section 3.59 Commercial Enterprises by Local Governments
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
Civic Leadership
4.5 Be innovative in the management of Shire operations, services, staff and resources to create a
resilient and financially stable Shire.
Environmental Considerations
N/A
aView. |
Proposed New Sub-division areas |
|
That Council requests the CEO to proceed with preparing sub-division plans and business cases for: a) Further sub-dividing Lot 290 Tribune Parade (to deliver high quality townhouse lots), b) Flinders Stage 3, as identified on the attached map (Proposed New Sub-division Areas). Voting Requirement Simple Majority
|
24 June 2014 Page 238
Integrated Planning and Reporting Documents
Author/s |
Priscilla Davies |
Manager Corporate Performance |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: F12/727
Applicant
Shire of Esperance
Location/Address
Whole of Shire
Executive Summary
That Council receive the reviewed Corporate Business Plan 2014/15 - 2017/18 and Long Term Financial Plan 2014/15 – 2023/24. These documents have been reviewed and updated as per the Integrated Planning and Reporting Framework.
Recommendation in Brief
That Council
1) Adopt the Corporate Business Plan 2014/15 – 2017/18
2) Adopt the Long Term Financial Plan 2014/15 – 2023/24
3) Requests the Chief Executive Officer give local public notice of the reviewed plans as per the requirements of the Local Government Act 1995.
Background
In February 2009, the Minister for Local Government, Hon John Castrilli MLA, announced a package of statewide-ranging local government reform strategies. The statewide strategies were aimed at achieving greater capacity for local governments to better plan, manage and deliver services to their communities with a focus on social, environmental and economic sustainability.
The Integrated Planning and Reporting Framework, a recommendation from the reform strategies, was legislated in late 2011 to allow local governments to plan for the future and to equip their organisations to respond to short, medium and long term community requirements. To meet compliance with the framework the Shire of Esperance was required to develop a suite of plans. These plans detail our resourcing capabilities for operational services and major projects, maintenance of community assets and predicted long term financial expectations. The Plans are to be reviewed annually to ensure they remain up to date, have full integration and provide a framework clearly outlining our current and future activities and resourcing requirements.
All managers reviewed their Business Unit plans with staff and Directors. These plans, along with briefing sessions held with the Executive Management Team and Council, have informed the review process. Both plans have removed actions that have been completed, identified new actions and taken in to consideration any changes in priorities or circumstances that have a direct affect on service delivery and meeting the goals and aspirations of the Strategic Community Plan 2012-2022.
Officer’s Comment
All plans are compliant with the Integrated and Planning and Reporting Framework. Council and Executive staff have been involved in the review of all plans to ensure they are achievable and reflective of where the Shire is currently and where it needs to be.
Consultation
Council
Executive Management Staff
Shire of Esperance Staff
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 (s19DA) outlines what is required of a Corporate Business plan and the requirement to develop asset management, workforce and long term financial plans:
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
All plans are intended to activate the Strategic Community Plan and therefore are intrinsically linked to all the Strategies identified.
Environmental Considerations
Nil
a. |
Long Term Financial Plan 2014/15 - 2023/24 - Under Separate Cover |
|
b. |
Corporate Business Plan 2014/15 - 2017/18 - Under Separate Cover |
|
Officer’s Recommendation That Council 1) Adopt the Corporate Business Plan 2014/15 – 2017/18 2) Adopt the Long Term Financial Plan 2014/15 – 2023/24 3) Requests the Chief Executive Officer give local public notice of the reviewed plans as per the requirements of the Local Government Act 1995.
Voting Requirement Absolute Majority
|
24 June 2014 Page 241
Public Land Asset Strategy Policy - Endorsement
Author/s |
Trevor Ayers |
Manager Economic & Business Development |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: F13/477
Applicant
Internal report
Location/Address
N/A
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. Council received the Public Land Strategy in March this year with this policy (as attached) the next stage of this project.
Recommendation in Brief
That Council endorse the Public Land Asset Strategy Policy (as attached).
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.
Council received the Public Land Strategy (exclusive of those properties within the town centre) in March (as per the following extract from the resolution):
That Council;
1. Receive 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.
The policy (and accompanying work procedures) were work shopped with Councillors in May 2014 before the policy was finalised.
The addendum covering those properties within the town centre will be provided once the Town Centre Masterplan has progressed to the point that evaluations can be undertaken and recommendation made with certainty.
Officer’s Comment
Endorsing the policy will allow officer’s to prepare to progress the strategy by reviewing all properties contained within the strategy in concert with the policy and associated work procedures. As per the previous Council Resolution, no actions with regards to the strategy can occur until the Town Centre Addendum has also been received by Council without a change of Council direction. Council may wish to reconsider the current direction as the majority of properties within the strategy are unrelated to the town centre master planning process and some action can potentially commence prior to Council formally receiving the addendum.
Consultation
The Project Team for this project consists of the Shires Executive Management Team and Manager Economic & Business Development. In addition the Manager Administration Services provided input as the policy and work procedures include property leases.
Financial Implications
There are no financial implications arising from this report.
Asset Management Implications
N/A
Statutory Implications
Nil
Policy Implications
This report is recommending the creation of a new Council policy.
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
aView. |
Public Land Asset Strategy Policy |
|
That Council endorse the Public Land Asset Strategy Policy (as attached). Voting Requirement Simple Majority
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24 June 2014 Page 243
EXEC XXX: PUBLIC LAND ASSET STRATEGY
Document Management:
Last Reviewed:
Last Amended:
Key Words:
Statute: Local Government Act 1995
Objectives
This Policy provides a framework to guide Council in the effective management of its land and property assets with the view to increasing the future economic capacity of the Shire of Esperance and assisting the delivery of Objectives outlined in the Strategic Community Plan.
Specifically the Shire’s land and property assets will be used to achieve the following:
• The delivery of strategic projects as identified in the Strategic Community Plan;
• The facilitation of environmental, economic and social benefits to the Community;
• The stimulation and regeneration of areas within the Shire of Esperance;
• Where appropriate enable the adoption of a commercial approach to the management of land and property assets capable of producing a recurrent income; and
• Development of non-operational land and property assets that will facilitate additional income streams for the Council.
Definitions
In applying the Scope and Principles of this Policy, the Council will categorise all land and property assets in accordance with the following established Definitions for the purpose of consistency, risk management and performance outcomes.
Surplus properties |
Surplus properties are considered to be of no benefit to either the community through the delivery of services or to the Shire as part of a more strategic land holding, part of a land bank of property assets or for any other purpose. i.e. surplus to requirements. |
Civic properties |
Civic properties are used for the delivery of services provided by the Shire to the Community. These properties differentiate from Public Open Space and Other Reserves in that they may be held in freehold title by the Council. |
Commercial properties |
Commercial properties are held by the Shire purely for the commercial return provided through the lease of the property to other entities. Such properties are not anticipated to provide services to the community but will yield an appropriate rate of return (on the capital value of the property) as a commercial proposition subject to appropriate levels of risk as determined by the Council. |
Investment properties |
Investment properties differ from Commercial Properties in that they have the potential to contribute towards the achievement of broader planning, social or strategic objectives of the Shire. Whilst such properties may include a commercial undertaking, subject to a commercial agreement between a third party and the Council, the purpose of the Shire’s ownership of the property is as a contributory factor towards other outcomes rather than purely for commercial returns on the property investment. i.e. Urban Renewal Projects. |
Residential properties |
Residential properties are designed to provide residential facilities only. Such properties may be provided directly by the Shire to the end user, or as part of an agreement with another agency or residential service provider. |
Utility properties |
Utility properties are used to deliver utility services such as drainage or other key utility functions. The delivery of utility services should be subject to review to ensure that the location from which the service is being delivered is suitable, the need for the utility service can be validated and the tenure of the property does not result in the Shire having a significant value of freehold assets set aside for such uses with little opportunity to realise the value of these assets at any time in the future. |
Public Open Space and Other Reserves |
Public Open Space and others reserved properties are most often held as reserves vested in the care, control and management of the Shire. Such properties may provide an active service but may also include properties that have little activation but provide other tangible community benefits through environmental protection or community recreational amenity. |
Principles
The Council will manage its property assets with the view to:
(1) Increasing the Shire’s social, economic and environmental sustainability;
(2) Increasing the Shire’s financial capacity;
(3) Providing essential services and facilities; and
(4) Developing an investment portfolio capable of providing income generation.
Use of proceeds
(1) The proceeds from the effective management of Council land and property assets are to be used in the delivery of essential services, facilities and projects which provide for a community benefit.
(2) The allocation of such proceeds will have due regard to the Council’s Strategic Community Plan, Corporate Business Plan, Long Term Financial Plan and relevant council Policies
(3) The Council will consider the use of funds in the development of its land and property assets where an appropriate community, social, environmental or economic benefit can be demonstrated.
(4) The proceeds derived from the application of this Policy will be allocated in accordance with the prevailing Financial Management Policies of the Council and in accordance with any Reserve Fund established for that purpose.
Application of Policy
In applying this Policy, the Council will:
(1) Ensure all statutory and applicable governance requirements required by the Local Government Act 1995, associated Regulations and any other applicable legislation are adhered to.
(2) Ensure that this Policy complies with all other relevant Council Policies and practices.
(3) Ensure that suitable community engagement is undertaken as a fundamental component of any proposal to dispose of land and property assets in accordance with the Local Government Act 1995.
Acquisition and Disposal of Land and Property Assets
The Council will only consider the acquisition and disposal of land after the following steps have been taken:
(1) A thorough analysis of applicable financial, social and/or environmental benefits, undertaken in accordance with the established Procedure or any other endorsed template or methodology.
(2) Consideration has been given to the disposal of land and property by means of auction, tender or private treaty dependent upon the specific circumstances of the proposed disposal and in accordance with the provisions of the Local Government Act 1995.
(3) The acquisition or disposal follows a strategic approach to all land and property assets owned or controlled by the Shire of Esperance in preference to considering properties only on a case by case basis.
(4) Appropriate risk management strategies have been applied in accordance with any adopted Risk Management Policy.
Performance Management
The Council will give consideration to the establishment of a Business Plan and specific performance management indicators to guide its property asset development.
Such performance management indicators will provide the means by which the performance of land and property assets can be monitored and reported to the community and will enable the Council to consider acquisitions and disposals of land and property assets cognisant of these indicators and the benefit or dis-benefit such acquisitions and disposals may generate.
------------------------------------------------ Policy Ends ------------------------------------------------
PROCEDURE: |
|
The supporting Procedure to this Policy document is provided as a separate document. Procedure Number XX-XX-XX |
|
RELATED POLICES: |
Insert the Number and Title of any policies related to this one. |
DELEGATION: |
For Example: Delegated to CEO – Insert Delegation Number Sub-delegation – Yes/No |
AUTHORITY: |
For Example: Insert Council Meeting Date |
REVIEW: |
Insert the Date of Review by Council: Please Note: Each time the Policy is reviewed the REVIEW DATE is added to this list. DO NOT DELETE REVIEW DATES. |
Ordinary Council: Agenda
24 June 2014 Page 246
Minutes of Committees
Author/s |
Lynda Horn |
Community Services Officer |
Authorisor/s |
Rod Hilton |
Director Community Services |
File Ref: 0
Applicant
Community Services
aView. |
Esperance Museum Management Committee - 04 June 2014 |
|
bView. |
Lake Monjingup Community Development Group - 04 June 2014 |
|
cView. |
Arts Collection Advisory Committee - 05 June 2014 |
|
That the minutes of the following Council Committees be received: 1. Esperance Museum Management Committee – 04 June 2014 2. Lake Monjingup Community Development Group – 04 June 2014 3. Arts Collection Advisory Committee – 05 June 2014 Voting Requirement Simple Majority
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24 June 2014 Page 272
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
24 June 2014 Page 273
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It is recommended that the meeting is behind closed doors for the following item, in accordance with section 5.23(2) of the Local Government Act 1995.
Result of Tender RFT 08/14 - Sale of Land - Flinders Estate
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)); and a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).