Agenda of Ordinary Council - 16 December 2014

Ordinary Council: Agenda

16 December 2014 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 16 December 2014

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr M Heasman President Town Ward

Cr V Brown Deputy President Rural Ward

Cr N Bowman Rural Ward

Cr P Griffiths Town Ward

Cr K Hall Town Ward

Cr L McIntyre Town Ward

Cr R Horan Town Ward

Cr B Stewart, JP Town Ward

Cr B Parker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mr G Harris Director Asset Management

Mr R Hilton Executive Manager - Community Division

Mr R Hindley Executive Manager - Statutory Division

Mrs H Hall Executive Assistant

Miss S Fitzgerald Trainee Administration 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

Nil

10. CONFIRMATION OF MINUTES

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

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services - Statutory Division

Item: 12.1.1

Proposed Heritage Registration - Esperance Fish Cannery - P5056 Old Fish Cannery Portion of Lot 1018 Norseman Road, Chadwick

Author/s	Richard Hindley	Executive Manager - Statutory Division
Authorisor/s	Matthew Scott	Chief Executive Officer
	Richard Hindley	Executive Manager - Statutory Division

File Ref: D14/23334

Applicant

State Heritage Office on Behalf of the Heritage Council

Location/Address

Portion of Lot 1018 Norseman Road, Chadwick

Executive Summary

To support the proposed registration of a portion of the Esperance Fish Cannery (former) (HCWA Ref: P5056) consisting of the former Esperance Fish Cannery in the State Register of Heritage Places.

Recommendation in Brief

That Council

1. Support the proposed registration of the Esperance Fish Cannery (former) (HCWA Ref: P5056) as shown in Attachment B in the State Register of Heritage Places.

2. Advise Heritage Council of Western Australia accordingly of such endorsement and reaffirm that the Shire of Esperance wishes to attend the Heritage Council meeting during which the proposed registration of the Esperance Fish Cannery (HCWA Ref: P5056) will be considered.

Background

The proposed heritage listing of the Esperance Fish Cannery (former) was considered by Council at is July 2014 meeting (O0714-037) where it resolved:

That Council

1. Does not support the proposed registration of Lot 1018 (Reserve 34219) on Deposited Plan 28537, Esperance Fish Cannery (HCWA Ref: P5056) and being the whole of the land comprised in Crown Land Title Volume 3125 Folio 357 in the State Register of Heritage Places.

2. Requests that consideration of the registration of HCWA Ref: P5056 in the State Register of Heritage Places be deferred until such time as the Heritage Council of Western Australia has consulted with the Shire of Esperance and all relevant stakeholders.

3. Advise Heritage Council of Western Australia accordingly of such comments and confirm that if the proposal is presented to a Heritage Council meeting and consideration is not deferred then the Shire of Esperance wishes to attend the meeting during which the proposed registration of the Esperance Fish Cannery (HCWA Ref: P5056) will be considered.

In light of the concerns that were raised by Council, the Heritage Council have decided to reduce the curtilage of Esperance Fish Cannery (former) to just the former cannery building and a small surrounding buffer. This curtilage boundary excludes most of the areas previously considered to be of secondary significance, such as the studio, the lookout, the two houses and a large area of bush land. The remainder of the site will be outside of the proposed heritage listing,

Officer’s Comment

The Esperance Fish Cannery is a single storey brick and corrugated iron utilitarian building in the Post-War International style and has been assessed as having cultural heritage significance for the following reasons:

· the place is rare as an extant example of a fish cannery in Western Australia;

· the place is representative of the State and Commonwealth governments' policies of post-war reconstruction through the decentralisation of industries;

· the place contributes to the understanding of the development of fishing and fish processing in Western Australia, particularly from the 1940s in relation to the improved understanding of Western Australia's fishing grounds, and the use of modern technologies and processing techniques;

· the place demonstrates the re-use of ex-army equipment such as Tiger Moth planes, Blitz trucks, Bren Carriers and camouflage nets for peacetime production and industry; and,

· the place was established by Daniel Samuel Hunt, who established a number of fish canneries throughout Western Australia in the late-1940s, and who has been recognised for having a significant and positive impact upon Western Australia's fish canning industry in the post-World War II period.

The criteria adopted by the Heritage Council in November 1996 were used to determine the cultural heritage significance of the former Esperance Fish Cannery.

The Heritage Council have advised that an efficient way to deal with referrals from Local Government bodies is the development of a Conservation Management Plan which identifies and prioritises major maintenance and repair works. Please note this process is not compulsory but is in place to speed up the approval process for Local Governments. Funding for a conservation plan may be available through Lotterywest’s Grants Program.

The Esperance Fish Cannery is located within a planning precinct commonly known as Middletown that the Local Planning Strategy (2010) indentifies as ‘Precinct 6 - CSBP and Brazier Street’. The planning strategy for the precinct is that if industrial uses relocate out of the precinct, then an outline development plan will be prepared for the precinct in accordance with the objectives of this strategy. The Shire is currently undertaking a project to investigate, through a desk top review of information, the constraints and opportunities relevant to achieving the management strategies for Precinct 6 as set out in the Local Planning Strategy (2010) which are:

· Provide for the long term redevelopment of the area for residential purposes,

· Facilitate the redevelopment of the precinct as a mixed use precinct incorporating regional open space and a variety of residential and urban uses to capitalise on the proximity of the precinct to the Esperance CBD

The registration of a portion of Lot 1018 by the Heritage Council is unlikely to prejudice the future redevelopment of the Middletown area as the site may be in a future development exclusion area due to potential inundation by storm level tides at a 0.2% annual encounter probability (AEP) over the planning horizon of 100 years.

State Planning Policy 2.6 – State Coastal Planning Policy (SPP 2.6) requires consideration be given to coastal hazards and vulnerability. This policy also mandates the consideration of a 0.9m sea level rise by 2110. The draft Esperance Coastal Hazard and Vulnerability Assessment takes into account local conditions and the requirements of SPP 2.6. By 2110, Lot 1018 falls in area determined as having a high risk from storm erosion, recession due to sea level rise, historical long term recession and a medium risk of coastal inundation.

The Heritage Council has advised that:

The potential risk of storm erosion to the Cannery does not negate its cultural significance, nor does it mean that registration is inappropriate.

If the building sustained damage as a result of a severe weather event, such as a storm surge, the Shire could determine there was no prudent or feasible alternative to demolition, having first sought the advice of the Heritage Council. If the building was destroyed, reconstruction would not be consistent with the principles of the Burra Charter and is unlikely to be requested by the Heritage Council.

A decision on whether or not to enter a place in the State Register of Heritage Places is made solely on the basis of whether or not the place has sufficient cultural heritage to warrant the protection of the Heritage of Western Australia Act 1990. The Minister for Heritage will consider the owner and/or local government’s comments – both support and otherwise – and will make a final decision accordingly.

All proposed works (including maintenance works if they involve major works or changes to the place) are required to be referred to the Heritage Council for heritage-related advice to ensure such works are done with care and sensitivity to the heritage values of the place.

The Shire is currently responsible for structural maintenance, renewal and insurance. The heritage listing of the Esperance Fish Cannery (former) on Lot 1018 Norseman Road will not result in an increase of the Shires responsibilities regarding structural maintenance, renewal and insurance.

That said Entry in the State Register does not mean that owners have to increase maintenance. Under the Heritage Act, the Heritage Council cannot force an owner to do works.

The Heritage Council has provided the following statistics showing that the works that need be referred to the Heritage Council and a general indication of the time taken to assess requests.

If the Cannery is entered in the State Register, then any development works beyond day-to-day maintenance and some minor works are required to be referred to the Heritage Council under the Heritage of Western Australia Act 1990.

The majority of development referrals that are submitted to the State Heritage Office are dealt with within 30 days (90%) and determined by officers under delegation (91%).

It should also be noted that the required date for a response was the 16 July 2014. The Heritage Council have advised that this was in error and granted a revised date for a response being 16 December 2014 although comments can be provided in late December 2014 or early January 2015 due to no meeting being held by the Heritage Committee until February 2015.

It should also be noted that a representative of the State Heritage Office has offered to attend a meeting with Council to discuss any issues if required.

Options

Option 1

That Council

1. Support the proposed registration of the Esperance Fish Cannery (former) (HCWA Ref: P5056) in the State Register of Heritage Places.

This is the officer’s recommendation for the reasons outlined within this report with specific reference to the reduced area proposed to be listed and the assessed heritage value of the premise.

Option 2

That Council

1. Does not support the proposed registration of the Esperance Fish Cannery (former) (HCWA Ref: P5056) in the State Register of Heritage Places.

2. Advise Heritage Council of Western Australia accordingly of such comment and reaffirm that the Shire of Esperance wishes to attend the Heritage Council meeting during which the proposed registration of the Esperance Fish Cannery (HCWA Ref: P5056) will be considered.

Consultation

Development Compliance Team

Asset Management

Financial Implications

Owners of registered places have the ability to apply for funding assistance to help maintain and conserve such places through grant programs offered by the HCWA, Lotterywest and the Commonwealth Government. Irrespective of this potential funding there will be costs associated with the development of a conservation plan as well as any required maintenance.

Asset Management Implications

The Building Hierarchy currently identifies the Cannery Art Centre Gallery as a ‘G; in the Building Hierarchy. The Shire is responsible for structural maintenance, renewal and insurance. The heritage listing of the Esperance Fish Cannery (former) will not have an impact on the hierarchy of the building.

Statutory Implications

Heritage of Western Australia Act 1990

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.2 Create a vibrant built environment that is accessible and inclusive and reflects the Shire’s identity and local heritage

Environmental Considerations

Nil

Attachments

a .	Proposed Registration - P5056 Old Fish Cannery
b .	Area subject to Proposed Heritage Listing

Officer’s Recommendation

That Council

1. Support the proposed registration of the Esperance Fish Cannery (former) (HCWA Ref: P5056) as shown in Attachment B in the State Register of Heritage Places.

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 43

Item: 12.1.2

Local Planning Strategy - Amendment 1

Author/s	Peter Wilks	Town Planning Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D14/22732

Applicant

Ayton Baesjou Planning on behalf of Department of Housing, Estate of TO & JD Ballantyne and NJ & IM Norwood

Location/Address

Precinct 25 – Pink Lake East

Executive Summary

For Council to consider initiating Amendment 1 to the Local Planning Strategy to modify the provisions of Precinct 25 – Pink Lake East and Plans 1 and 2 to provide limited subdivision opportunities for lots larger than 4 hectares.

Recommendation in Brief

That Council initiates Amendment 1 to the Local Planning Strategy.

Background

The Local Planning Strategy was approved and came into affect on 4^th February 2010.

An application was received on 26th August 2014 for amendments to the Local Planning Strategy, with changes subsequently requested by Planning Services. An amended document was provided to Planning Services on 20 October 2014.

Currently the provisions of Precinct 25 – Pink Lake East, are contradictory with the objective of the precinct and first strategy reading as follows:

Objectives:

‘To recognise that further subdivision will not be supported within the precinct as a result of a range of constraints’.

Strategies:

‘No further rural residential subdivision will be considered’

However actions v and vii provide provision for further subdivision:

v) The possible presence of basic raw materials (sand, clay, gravel, limestone and hard rock) is to be addressed and every effort should be made to extract significant deposits prior to subdivision. Developers will be encouraged to use suitable material extracted from the site, within the roads of the subdivision. A rehabilitation plan is required to be submitted and implemented prior to the final clearance of the subdivision being granted. Small scale extraction operations in associated with the construction of a subdivision, maybe supported if the development of the area is staged. Commercial scale operations adjacent to staged subdivisions will not be supported.

vii) Fire management plan Is to be prepared in associated with subdivision design; recommended works (including strategic fire breaks and water tanks) of the plan are to be constructed concurrently with the construction of the lots, with site specific fire management plans being prepared for each individual house at the time a building license is applied for.

This is further contradicted by the notes for Precinct 25 on Plan 1 which reads:

Pink Lake East

- A range of lot sizes available

- No further subdivision north of Pink Lake Road

- Outline Development Plan required prior to subdivision south of Pink Lake Road.

It is noted that several subdivision approvals have been issued by the Western Australian Planning Commission for subdivision within Precinct 25 since the Local Planning Strategy was adopted.

Officer’s Comment

The proponent approached landowners within the study area to determine whether they were interested in being involved in the review of the strategy and three owners agreed, including the Department of Housing who have 3 lots. Consequently a broad overview of Precinct 25 was undertaken with the submission providing detailed assessment of 5 lots which had the potential to create 12 additional lots if subdivision was permitted at a rate of 1 lot per 2 ha. All of the lots have a high to very high capability to support rural residential development.

The main constraints within Precinct 25 are related to the Esperance Groundwater Protection Area (Special Control Area 4 – Esperance Groundwater Protection Area under Local Planning Scheme No. 23) which impacts on the area to the south of Pink Lake Road as well as a small section to the east of the precinct and the Lake Warden Catchment (Special Control Area 5 – Wetlands of Significance and Lake Warden Recovery Catchment under Local Planning Scheme No. 23) which affects the area to the north and west of Longbottom Lane. It is noted that these constraints do not impact on a large section of the precinct between Nulsen and Longbottom Lane which have relatively few constraints.

Permitting subdivision in the designated area of the precinct will allow for approximately 30-40 additional rural residential lots in the area between Pink Lake Road and Longbottom Lane and 15-25 new lots in the area to the south of Pink Lake Road by permitting those lots that are larger than 4 hectares to be subdivided at a rate of 1 lot per 2 hectares.

The proposed change of the objective of Precinct 25 from:

‘To recognize that further subdivision will not be supported within the precinct as a result of a range of constraints’.

to read:

‘Further subdivision may be supported subject to land capability assessment and where it can be demonstrated that there will be no detrimental impact on the environment particularly in relation to Pink Lake and Lake Warden.’

is supported due to the requirement for land capability assessment allowing development only where land is capable of supporting further development and where it will not impact on Pink Lake and Lake Warden.

The change of the first dot point under Strategies from:

‘No further rural residential subdivision will be considered’

‘Further subdivision may be supported subject to detailed site assessment’

is supported for the same reason.

The addition of point xii) ‘Subdivision and Development will not be supported in areas subject to inundation’ is also supported as it is a logical extension of any requirement for land capability assessments.

The advice notes and mapping changes to Plans 1 and 2 are also required as both plans demonstrate a number of overlays and desired future use of land which is not demonstrated elsewhere. The proposed modification to remove part of the No Subdivision overlay is necessary as part of other changes to the document to allow for subdivision within the designated area. Retaining this overlay over the area in question would prevent further subdivision and render the proposed amendment pointless.

The changes to the advice note on Plan 1 for Precinct 25 from

Pink Lake East

· Range of lot sizes available

· No further subdivision north of Pink Lake Road

· Outline development plan required prior to subdivision

· No further subdivision to the north of Longbottom Lane.

· Subdivision of land to the south of Longbottom Lane may be supported subject to detailed site assessment, improvement of access, bush fire protection and protection of remnant vegetation.

· A minimum lot size of 2ha is recommended except for the area within P3 Water Reserve where a minimum lot size of 1ha may be supported, subject to conditions.

· To the south of Pink Lake Road, an Outline Development Plan is required prior to subdivision. A minimum Lot size of 2ha is required within the P2 Water Reserve.

· Subdivision to higher densities may be supported outside of Special Control Area 5 if deep sewer is provided to all lots.

Is supported as it provides a clear indication of the desired lot sizes for the locality, and continues the existing requirements for the area to the south of Pink Lake Road. The reference to higher density if deep sewerage is provided allows for the potential expansion of the existing residential areas of Nulsen subject to rezoning of the land under Local Planning Scheme No. 23.

It should be noted that the amendment does not recommend the subdivision prohibition be lifted on all properties as some are so heavily constrained that it is considered they are unlikely to have any development or subdivision potential. The report does however identify that there are a number of lots which have a high to very high capability to support further development and subdivision, and where there are few, if any, identified constraints against development.

The environmental assessment concludes that the proposal will have no detrimental impact on either Pink Lake or Lake Warden.

This amendment will resolve the conflicting provisions within Precinct 25 of the Strategy which currently prohibit subdivision whilst providing both standards and practices that need to be adhered to for subdivision to occur. This amendment is supported as it will facilitate development subject to adequate controls and remove the inconsistency that exists within the Strategy for this precinct.

The proposed amendments to the Local Planning Strategy do not provide an as of right to all properties within the area to subdivide their land, it is merely amending the controlling document to allow for the opportunity for properties within the identified area to make an application. Individual landowners will still be required to make an application for subdivision through the Western Australian Planning Commission and go through the standard subdivision application process prior to creation of titles through Landgate.

It should be noted that this proposal will be referred to the Western Australian Planning Commission (WAPC) under Regulation 12A(2) of the Town Planning Regulations 1967. This regulation requires the WAPC to consider the amendment and determine that is it is suitable for advertising under Regulation 12A(3) prior to advertising commencing. If the WAPC does not give this consent the amendment does not proceed.

Consultation

The Department of Planning has been consulted to ensure that the process proposed to assess this amendment meets all relevant statutory requirements.

A minimum 21 day advertising period applies to Strategy Amendments. This advertising will include referral to relevant government departments and servicing agencies.

As part of the advertising all landowners within the Precinct boundary (that is those properties impacted by the proposal) will be consulted.

Financial Implications

It is noted that under the current Schedule of Fees and Charges that there is no set fee for Strategy Amendments. It is noted that the proposal is on a similar scale to a Minor Amendment to the Local Planning Scheme, and it is recommended that the same fee of $4,500 apply to this Strategy Amendment. A formal fee is proposed to be introduced into the Schedule of Fees and charges when they are next reviewed.

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Town Planning Regulations 1967

Local Planning Scheme No. 23

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Local Planning Strategy

Precinct 25 – Pink Lake East

Strategies:

· No further rural residential subdivision will be considered.

· Encourage the retention of remanent vegetation

· Ensure that development recognises the need to manage fire risk thought the precinct.

Actions:

Ensure that development address the following key environmental issues:

i. Measures to protect the Lake Warden Catchment Recovery Area.

ii. Protection against possible addition of pollutants, via surface and groundwater, to Pink Lake.

iii. Direct impacts to Pink Lake are ‘buffered’ by vegetated Reserves 24511 and 2064, which are gazetted for ‘conservation of flora and fauna’.

iv. Areas are susceptible to wind erosion and dune remobilisation if vegetation cover removed.

v. The possible presence of basic raw materials (sand, clay, gravel, limestone and hard rock) is to be addressed and every effort should be made to extract significant deposits prior to subdivision. Developers will be encouraged to use suitable material extracted from the site, within the roads of the subdivision. A rehabilitation plan is required to be submitted and implemented prior to the final clearance of the subdivision being granted. Small scale extraction operations in associated with the construction of a subdivision, maybe supported if the development of the area is staged. Commercial scale operations adjacent to staged subdivisions will not be supported.

vi. Pink Lake may be considered for listing under the Ramsar Convention.

vii. Fire management plan Is to be prepared in associated with subdivision design; recommended works (including strategic fire breaks and water tanks) of the plan are to be constructed concurrently with the construction of the lots, with site specific fire management plans being prepared for each individual house at the time a building license is applied for.

viii. Land uses that cannot be serviced by a Council approved on-site effluent disposal system will not be permitted.

ix. Development proponents to ensure that prospective purchasers are aware that abstraction of groundwater for rural-residential development is likely to be limited to 1,200m3 per lot per year and that a license may be required.

x. Dwelling and outbuilding are to be located within pockets of better capability land rather than on sensitive dune ridges; building envelopes or exclusion zones are to be identified on the plan of subdivision.

xi. Roads to be constructed/upgrade, including gazetted access roads, in accordance with Council’s adopted standards.

Environmental Considerations

Nil

Attachments

Amendment Document - Under Separate Cover

Officer’s Recommendation

That Council, pursuant to Section 12 of the Town Planning Regulations 1967 resolve to:

1. Initiate Amendment No. 1 to the Local Planning Strategy.

2. Amend the Local Planning Strategy by:

2.1. Amending the text as follows:

2.2. Modify the “Objectives” by deleting the existing objective and replacing it with.

2.2.1. ‘Objectives: Further subdivision may be supported subject to land capability assessment and where it can be demonstrated that there will be no detrimental impact on the environment particularly in relation to Pink Lake and Lake Warden.’

2.2.2. Modify the ‘Strategies’ by deleting the first dot point and replacing it with.

2.2.3. ‘Further subdivision may be supported subject to detailed site assessment.’

2.2.4. Modify the ‘Actions’ by including the additional action:

2.2.5. ‘Subdivision and Development will not be supported in areas subject to inundation.’

2.3. Amending Plan 1 ‐ Esperance Town Site Centre; and Plan 2 – Esperance Surrounds by:

2.3.1. Removing the ‘No Subdivision’ overlay to the south of Longbottom Lane.

2.3.2. Replace the current advice note with the following advice:

· No further subdivision to the north of Longbottom Lane.

· Subdivision of land to the south of Longbottom Lane may be supported subject to detailed site assessment, improvement of access, bush fire protection and protection of remnant vegetation.

· A minimum lot size of 2ha is recommended except for the area within P3 Water Reserve where a minimum lot size of 1ha may be supported, subject to conditions.

· To the south of Pink Lake Road, an Outline Development Plan is required prior to subdivision. A minimum Lot size of 2ha is required within the P2 Water Reserve.

· Subdivision to higher densities may be supported outside of Special Control Area 5 if deep sewer is provided to all lots.

3. Forward Local Planning Strategy Amendment 1 under Regulation 12A(2) of the Town Planning Regulations 1967 to the WAPC and proceed to advertising of the amendment for public inspection under 12(B) after the WAPC has certified the Strategy Amendment for public notice under Regulation 12A(3) of the Town Planning Regulations 1967.

4. Advertise to all landowners within the precinct boundary and any other parties as requested by the WAPC, once the WAPC has certified Amendment No. 1 under regulation 12A(3) of the Town Planning Regulations 1967.

5. Require the payment of a $4,500 for the processing of Local Planning Strategy Amendment No. 1.

Voting Requirement Simple Majority

	7.1 Dog Act 1976
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].	A local government may delegate to the Chief Executive Officer the exercise of any of its powers or the duties as follows; Dog Act 1976 Local Laws relating to Dogs The Chief Executive Officer be delegated authority to administer the Local Laws Relating to Dogs including the issue of notices, impounding dogs, issuing infringement notices.
Statutory Power being Delegated:	Dog Act 1976
Power is originally assigned to:	Local Government
Statutory Power of Delegation	Dog Act 1976 s.10AA Delegation of local government powers and duties
Power Delegated to:	Chief Executive Officer
Council’s Conditions on Delegation:	Nil
Statutory Power to Sub-Delegate:	Dog Act 1976 s.10AA(3) Delegation of local government powers and duties to Chief Executive Officer and others
CEO’s Sub-Delegation to:	Executive Manager Statutory division Manager Law and Order Rangers Regional Transport Officers (Department of Transport)
CEO’s Conditions on Sub-delegation:	Shire of Esperance Officers have jurisdiction in the entire district. Regional Transport Officers (Department of Transport) haves jurisdiction limited to land managed by the Department of Transport
Record Keeping Statement [s10AB(1)]	The chief executive officer of a local government is to keep a register of — (a) delegations made under section 10AA(1); and (b) further delegations made under the authority of a delegation made under section 10AA(1).
Compliance Links	Dog Act 1976
Delegation Administration:
	Decision Reference		Decision Reference
1.	Adopted -	5.
2.		6.
3.		7.
4.		8.

Ordinary Council: Agenda

16 December 2014 Page 53

Item: 12.1.4

Off Road Vehicle Management - Formation of Working Party Advisory Committee

Author/s	Rod Hilton	Executive Manager Community Division
Authorisor/s	Matthew Scott	Chief Executive Officer
	Rod Hilton	Executive Manager Community Division

File Ref: D14/25305

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

Council is requested to consider the formation of a working party to advise Council on the sustainable use of off road recreational vehicles on land within the Shire of Esperance

Recommendation in Brief

That Council establishes a working party as an advisory committee to Council to make recommendations to the Council regarding the sustainable use of off road recreational vehicles on land within the Shire of Esperance in accordance with the attached Terms of Reference.

Background

The use of off road vehicles, which includes licensed and unlicensed 4x4’s, motorbikes and dune buggies, is common on most beaches and lands within the Shire of Esperance. As a widely practiced form of recreation in the region, off road vehicle use has its place but urgently requires some management to protect the environment and the rights of other recreational groups.

Community concern about this issue appears to be increasing. The use of off road vehicles on Esperance beaches and in close proximity to the town site raises the following issues:

1. Public and Off Road Vehicle Operator safety – off road vehicles and other users can be a public liability and safety issue for the land manager if they are sharing the same location due to the likelihood of accidents occurring.

2. Conflicts with other groups – town site residents, and recreational groups such as swimmers, dog walkers, people relaxing on the beach and others often find living near or sharing a beach or a reserve with off road vehicles dangerous due to the speed and safety factor, and unpleasant, due to the noise created, particularly by motorbikes. It is preferable that these groups are separated from people using off road vehicles to minimize the conflicts.

3. Removal of vegetation and dune degradation – off road vehicles on dunes cause damage and destroy coastal vegetation. Dunes, particularly foredunes, become unstable when vegetation is removed because nothing is holding the sand together. This can cause erosion and dune blowouts. These are often difficult to stop from spreading and can bury paths, car parks, roads and picnic facilities.

4. Cost of repairing dune blowouts and closing tracks – dune blowouts are expensive and difficult to fix because of the cost of labour to revegetate and lay brushing or matting to stabilize the dunes. Barriers need to be erected to stop vehicles and pedestrians using the area.

5. Destroying coastal fauna habitat – shorebirds often nest in dunes around Esperance. Of particular note is the Hooded Plover, a declared rare bird that is under threat from impacts such as off road vehicles that are destroying their ground nests and forcing them out of their habitat.

6. Detracts from enjoyment of the beaches – some people, particularly interstate and overseas visitors are not accustomed to sharing beaches with 4x4 vehicles and motorbikes and find it dangerous and unpleasant to have vehicles driving within close proximity whilst relaxing on the beach.

The use of off road vehicles appears to be increasing. Residents in the Shire of Esperance have the highest number of 4x4 vehicles per head of population in the state. Visitors to the region have also realized the freedom of using off road vehicles in the area. The cost of managing off road vehicles will continue to increase and be a burden on local and state government organizations as the local population and visitor numbers grow.

Management of off road vehicles is needed in certain high use areas for the reasons listed above and in other areas to protect the rights of recreational off road vehicles users to continue to have access to certain lands to pursue their recreational interests.

At the Council briefing session on Off Road Vehicle Use within the Shire of Esperance held Tuesday 2^nd December it was proposed that a Working Party be formed to address the sustainable use of recreational off road vehicles into the future.

Officer’s Comment

The establishment of a Working Party to advise Council requires formalisation through the provisions of the Local Government Act.

The task of the Working Party will be to propose, discuss and formulate ideas and strategies to provide for the recreational use of off road vehicles in a controlled and managed manner so as to protect the environment from indiscriminate damage, minimise nuisance behaviour, and provide for the safety of off road vehicle operators and other users of shire reserves and coastal lands.

Terms of Reference for the Working Party are attached to this report.

Consultation

This proposal has originated from a Councillor Briefing session held 2^nd December 2014. The suggestion of managing off road vehicle use is recommended within the Esperance Coastal Management Plan 2014 which has been advertised for public comment and attracted no public response.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – Section 5.8 Establishment of Committees

Local Government Act 1995 – Section 5.10 Appointment of Committee Members

Interpretation Act 1984 – Section 53 Appointments by name or office

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

Strategy 1.5 Create and maintain a safe environment for the community

Environment

Strategy 2.2 Educate the community on ways to use our environment responsibly

Strategy 2.3 Provide equitable access for all users to our environment while balancing the protection of

natural assets

Corporate Business Plan 2013/2014 – 2016/2017

Action 1.5.1.2 Manage Ranger Services and facilities

Action 2.2.1.1 Actively engage the community in the development and delivery of protection, restoration

and enhancement projects.

Action 2.3.1.3 Coordinate implementation schedule for Coastal Management Plan

Environmental Considerations

The environmental considerations arising from this report are regarding the management of potential damage to sensitive landscapes.

Attachments

Terms of Reference - Off Road Vehicle Working Group

Officer’s Recommendation

That Council:

1. Establishes the Off Road Vehicle Working Party as an advisory committee to make recommendations to the Council regarding the sustainable use of off road recreational vehicles on land within the Shire of Esperance; and

2. Endorses the attached Terms of Reference for the Off Road Vehicle Working Party; and

3. Appoints the following persons and office holders to the Off Road Vehicle Working Party:

3.1. Shire of Esperance

· Cr………..;

· The Manager Parks and Reserves

3.2. South Coast Natural Resource Management -

· Coastal, Marine & Water Program Leader

4. Invites the following organizations to nominate a representative to become a member of the Off Road Vehicle Working Party:

· Esperance Police Service

· Department of Parks & Wildlife

5. Advertises for 2 community representatives to become members of the Off Road Vehicle Working Party:

· Representing unlicensed off road vehicle operators

· Representing licensed off road vehicle operators

Voting Requirement Absolute Majority

Ordinary Council: Agenda

16 December 2014 Page 58

Item: 12.1.5

Development Application - Lot 352 No 20 Hockey Place, West Beach

Author/s	Nicholas Kleinig	Senior Development Officer
Authorisor/s	Richard Hindley	Executive Manager - Statutory Division

File Ref: D14/25551

Applicant

Ramm’s Building Design

Location/Address

Lot 352 No 20 Hockey Place, West Beach

Executive Summary

This consider and determine an application for decking, earthworks, retaining walls and an outbuilding on Lot 352 No 20 Hockey Place, West Beach. The proposal was advertised to all adjoining landowners in relation to minor variations to permitted development under Local Planning Policy - Outbuildings and the Residential Design Codes 2013. Submissions in the form of one (1) objection and one (1) non objection were received during the advertising period.

Recommendation in Brief

That Council approve Development Application 10.2014.2733.1 for earthworks, retaining walls, decking and an outbuilding on Lot 352 (20) Hockey Place, West Beach subject to conditions.

Background

The application was lodged with Planning Services on 7 November 2014 by Ramm’s Building Design on behalf of the owners R J & T D Roberts for earthworks, retaining walls, decking and an outbuilding on Lot 352 No 20 Hockey Place, West Beach. Plans and a supporting letter are attached (see Attachment A).

The subject site is approximately 1,100 square metres in area and is zoned Residential with a density coding of R12.5.

The following list details the scale of development permitted under Local Planning Policy - Outbuildings and the Residential Design Codes 2013 in relation to the objecting landowners property only:

Local Planning Policy - Outbuildings
Permitted:	Proposed:
100m² in outbuilding floor area permitted	112.24m² in outbuilding floor area proposed
3m in outbuilding wall height permitted	3.03m in outbuilding wall height proposed

Residential Design Codes 2013
Permitted:	Proposed
1.5m setback to retaining walls permitted	0m (nil) setback to retaining walls proposed
1.5m setback to outbuilding permitted	1m setback to outbuilding proposed
0.5m of fill within 1m of boundary permitted	2.015m of fill within 1m of boundary proposed

In accordance with the provisions of the Residential Design Codes 2013, Local Planning Scheme No 23 and Local Planning Policy: Outbuildings, the development application requires a referral to Council for determination, with the Policy in particular stating:

“Should unfavourable comment be received from the affected adjoining landowners (that is not considered frivolous or vexatious by the Chief Executive Officer, or cannot be resolved by negotiation), the planning application is to be referred to Council for determination.

After due assessment of the planning application, should the recommendation be for refusal (regardless of the comments from the affected adjoining landowner’s), the planning application would be referred to Council for determination.”

In this instance, following statutory advertising, unfavourable comments were received from one (1) affected adjoining landowner (see Attachment B). The applicant was notified of the objecting party’s concerns, and their submission and further justification in response to these concerns is attached (see Attachment C).

Officer’s Comment

The points raised in the objecting submission (see Attachment B) are addressed as follows:

Objection Grounds:	Officer’s Comment:
“This proposed outbuilding would definitely impose on our family life as our four (4) children play extensively in our back yard that would be adjoining this building”	A valid concern relating to amenity, however the imposition is considered to be relatively minor due to existing topography and the setback from the boundary to the proposed outbuilding
“This is to the south-west of our house and would block out the late afternoon light if the plan proceeds” and “our family entertain mostly in our back yard, where we supervise the children and this proposal would overshadow us.”	Not a valid concern in this instance as overshadowing provisions under the Residential Design Codes apply to midday (June 21), not the late afternoon, and the subject property and proposed development are located south of the objectors property. Development as proposed would create minimal if any additional overshadowing in any case, even in the late afternoon.
“The size and wall height is a disturbance but the setback and the fill of 2.015 [m] is unacceptable to us. The outbuilding would be imposing on our house and detrimental to our way of life.”	Per above, a valid concern relating to amenity, however the imposition is considered to be relatively minor due to existing topography and the setback from the boundary to the proposed outbuilding. Retaining and fill per the plans proposed will bring the northwest corner of the subject property level to an existing retaining wall on boundary between the two properties and, on the other side, the outbuilding is being cut partially into the existing hill to minimise impact on adjoining properties.
“A blank, bland, high wall right on one’s boundary is not conducive to neighbourly functions.”	Per the plans proposed, the only wall that will appear above the top of the existing boundary fence is that of the outbuilding, which has been setback from the property boundary and cut partially into the existing hill to minimise impact on adjoining properties while retaining functionality for its designed purpose.

The variations proposed in this instance, particularly in relation to the requirements of Local Planning Policy: Outbuildings would have some impact on visual amenity from the adjoining property, however the applicant has attempted to reduce this impact by locating the outbuilding away from the boundary as well as cutting it partially into the hill. Taking these matters into consideration, it is recommended that Council approve Development Application 10.2014.2733.1 for earthworks, retaining walls, decking and an outbuilding, noting that Council has the ability to exercise discretion in the application of Policy requirements under Part 2.3.2 of Local Planning Scheme No 23.

Consultation

The application was referred to five adjoining and / or impacted landowners for comment per the requirements of Local Planning Policy: Outbuildings, the Residential Design Codes 2013 and Council’s Local Planning Scheme No 23. One submission (an objection, see Attachment B) was received during this statutory advertising period.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

Planning and Development Act 2005;

Local Planning Scheme No. 23; and

Local Planning Policy: Outbuildings

Policy Implications

The policy implications arising from this report are:

1.) Local Planning Policy: Outbuildings

Strategic Implications

Strategic Community Plan 2012 – 2022

Economic

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

Environmental Considerations

Nil

Attachments

a.	Submission One
b.	Submission Two - Objection
c .	Applicant's response to objection
d .	Site Plans

Officer’s Recommendation

That Council approve Development Application 10.2014.2733.1 for earthworks, retaining walls, decking and an outbuilding on Lot 352 (20) Hockey Place, West Beach subject to the following conditions:

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

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

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

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

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

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

7. The approved outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

AND the following advice notes:

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

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

3. This is not a Building Permit. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 69

12.2 External Services - Commercial Division

Item: 12.2.1

Esperance Amateur Swimming Club Fees and charges

Author/s	Jaye Jose	Manager Bay of Isles Leisure Centre
Authorisor/s	Trevor Ayers	Executive Manager Commercial Division

File Ref: D14/23491

Applicant

Esperance Amateur Swimming Club

Location/Address

Bay of Isles Leisure Centre (BOILC)

Executive Summary

For Council to endorse lane fee hire charges for the Esperance Amateur Swimming Club (EASC) current season that will apply until 30 September 2015.

Recommendation in Brief

That Council:

1. Include in the current fees and charges lane fee hire rate of $3 per lane per hour for the current Esperance Amateur Swim Club (EASC) season ending 30 September 2015.

2. Approve the development of a Memorandum of Understanding with EASC that also provides the EASC with storage for equipment and memorabilia and signage to assist in promoting the club.

Background

At the August 2015 Ordinary Council Meeting Council made the following resolution:

‘That Council retain the previous fee structure for the Esperance Amateur Swim Club, relative to the lane hire fee of $2.50 per hour per lane for the remainder of the calendar year. ‘

This fee provided a discount against the $6.10 that was approved for non-commercial hirers when the 2014/15 budget was adopted, allowing for further discussions to be held with the swim club..

Following discussions with Shire staff the Esperance Amateur Swimming Club has provided a series of points they would like incorporated into a Memorandum of Understanding (see attachment A). The majority of these are supported with the exceptions of the lane fee and annual fee proposals. It is proposed that the lane fee be set at $3.00 per lane and no annual fee be charged.

Officer’s Comment

This $3.00 hourly lane fee is seen as an appropriate response to ensuring that charges for exclusive use of lanes in the lap pool are maintained, at the same time as supporting the Esperance Amateur Swimming Club in their endeavours to continue to grow the club. As part of the Shires support of the club it is also proposed that the provision of storage, space for signage, a display cabinet, use of meeting room and notices be provided without charge. This ensures that any additional costs to the club are only incurred in line with growth in either the umbers of activity of the club itself.

The BOILC supports the EASC and is negotiating with the club to draw up a MOU, which will be based around this Council decision. The MOU will formalise a verbal agreement between the EASC and BOILC. It will be important that the final MOU doesn’t negatively impact on any other operations undertaken at the BOILC.

EASC is currently utilising 18 lanes ($2.50ea) for 1 hour over the week at a charge of $45 per week ($1890 per 42 week year). Proposed increase would raise the weekly charge to $54 per week ($2268 per 42 week year). This increase results in the EASC having an overall increase of $378 for the year. In negotiations with EASC it was requested the lane fee hire charge remain at $2.50 and that the EASC would pay an annual fee of $400 per year as a lump sum payment in recognition for the storage space available at the BOILC. This offer shows that the club is able to absorb the proposed increase.

On discussion with the EASC it has been identified that the EASC season runs for the year, commencing October each year. To provide certainty into the future it is therefore proposed that lane hire fees for the club be set at each budget period to cover this season in future.

It is also important to note that the ability to discuss the corporate membership rate will further assist in maintaining affordability for families involved in the club. It is not proposed to remove the spectator fee (as requested).

Consultation

Esperance Amateur Swimming Club Committee

Other local government operated recreation centres were consulted

Letters of support from Hon Dave Grills MLC & Wendy Duncan MLA (attached)

Financial Implications

The financial implications arising from this report only apply for 6 months of the current budget (50% of the $378 increase noted in the Officers Comment). No implications have been included for the remaining months in 2015 as no budget for that period currently exists.

Description		Budget Figure	Amended Figure	Variation

Miscellaneous Hire	105-044	$4550	$4729	$179
Net result

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are purely the adoption of a fee increase.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.6 Develop and promote active and passive sport and recreation opportunities for all ages

Economic

1.1 Deliver a diverse range of services and infrastructure across the Shire

Corporate Business Plan 2013/2014 – 2016/2017

Action

1.6.1.2 Manage the Bay of Isles of Leisure Centre and programs

3.1.1.7 Maintain Shire buildings

Environmental Considerations

Nil

Attachments

a.	Proposed MOU Discussion Points
b.	Letter of Support - Esperance Amateur Swimming Club - Hon Dave Grills MLC
c.	Letter of Support - Esperance Amateur Swimming Club - Wendy Duncan MLA

Officer’s Recommendation

That Council:

1. Include in the current fees and charges lane fee hire rate of $3 per lane per hour for the current Esperance Amateur Swim Club (EASC) season ending 30 September 2015.

2. Approve the development of a Memorandum of Understanding with EASC that also provides the EASC with storage for equipment and memorabilia and signage to assist in promoting the club.

Voting Requirement Absolute Majority

Commitment to an Accessible and Inclusive Community

The Shire of Esperance is committed to ensuring that the community is accessible for and inclusive of people with disability, their families and carers.

The Shire of Esperance interprets an accessible and inclusive community as one in which all council functions, facilities and services (both in-house and contracted) are open, available and accessible to people with disability, providing them with the same opportunities, rights and responsibilities as other people in the community.

The Shire of Esperance embodies this commitment in its Strategic Action Plan 2000 – 2025:

Strategy No. 5

The Shire of Esperance will endeavour to ensure all buildings, infrastructure, and services are accessible for people with disability and special needs.

This strategy will be implemented through the following objectives –

a) Assess all existing Council buildings and infrastructure and develop and implement a timetable for their upgrade to the required standard of access

b) Endeavour to educate private developers and builders on universal building design

c) Ensure government agencies involved in the development of seniors accommodation and services are aware of and reflect the community’s expectations.

d) Support and encourage seniors organisations in promoting the rights and responsibilities of scooter users

e) Recognise the needs of seniors when planning pedestrian crossings footpaths and crossovers

f) Ensure adequate and accessible ablution facilities in the central business district and other public areas, for people with special needs

g) Ensure that consideration is given to the special needs of seniors in the planning of new facilities and/or the redevelopment of existing facilities with special attention to the library and civic centre

h) Ensure all new council buildings and infrastructure meet national standards in accessibility for people with special needs.

And in it’s Community Action Plan under People Lifestyle and Community:

To ensure that all residents in Esperance have access to services and facilities within the town and can be actively involved in all community activities.

In April 2013 the Disability Services Commission advised that employment for people with disability is now included as a reporting requirement in DAIP’s as Outcome 7.

Responsibility for the Disability Access and Inclusion Plan

A Disability Access and Inclusion Advisory Committee initiated the inaugural Disability Access and Inclusion Plan. This committee was replaced by a Working Party established in 2008 to review and implement the Disability Access and Inclusion Plan as required. The DAIP is currently under the responsibility of the Executive Manager Community Division. The final plan is endorsed by council and it is the responsibility of all officers, contractors and agents to implement the relevant actions.

Consultation Process

The Disability Services Act Regulations (2004) set out the minimum consultation requirements for public authorities in relation to Disability Access and Inclusion Plans (DAIPS). Local governments must call for submissions (either general or specific) by notice in a newspaper circulating in the local government area or on any website maintained by or on behalf of the local government. Other mechanisms may also be used.

The DAIP was first reviewed and amended on the 5^th December 2008 by the former Disability Access and Inclusion Plan Advisory Committee members at a DAIP Review forum.

The Plan was further amended following consultation with an identified group of quadriplegic residents on 8^th. May 2009.

The Plan was reviewed again on the 25^th Feb 2010 and was followed by a town inspection tour on the 29^th March 2010 with the same group of quadriplegic residents that were involved in the 2009 review.

In January 2011 Council advertised the availability of the DAIP for community review in the Esperance Express newspaper. Only 2 responses were received by way of complaints:

· Regarding the attitude of a retailer in not allowing a “hearing dog” into his store, and

· Windblown sand covering the foreshore dual use pathway.

A formal consultation was initiated on 2^nd December 2011 in conjunction with an International Day of People with Disability forum at the Esperance Civic Centre. This event was advertised in the Esperance Express and widely promoted via posters and brochures. A stall was conducted at the forum at which copies of the DAIP were provided to participants.

The consultation process at this event was facilitated by the Director Community Services and took the form of a survey and individual discussions with people with disability and key stakeholders attending the forum. There were 56 people in attendance and 16 survey forms were completed and returned.

The amendment to the DAIP by way of the addition of Outcome 7 –People with disability have the same opportunities as other people to obtain and maintain employment with a public authority, was advertised in the Esperance Express and on the Shire website during December 2014.

Reporting

The Disability Services Act requires the Shire of Esperance to report on the implementation of its Disability Access and Inclusion Plan in its annual report outlining:

§ Progress towards the desired outcomes of its DAIP;

§ Progress of its agents and contractors towards meeting the desired outcomes; and

§ The strategies used to inform agents and contractors of its DAIP.

The Shire of Esperance is also required to report on progress in the prescribed format to the Disability Services Commission by July 31 of each year.

Review and Evaluation

The Disability Services Act requires that DAIPs be reviewed at least every five years. Whenever the DAIP is amended, a copy of the amended plan must be lodged with the Disability Services Commission. The implementation plan can be updated more frequently if desired.

The Disability Access and Inclusion Plan Working Party monitors the Disability Access and Inclusion Plan. The Working Party meets as required. Additional input is received from ex-officio members that are invited from time to time to attend meetings. Council has a general complaints handling procedure that enables persons to raise issues with Council staff.

Consultation by way of survey during the December 2^nd 2011 International Day of People with Disability has formed the basis of the last review undertaken during May 2012.

The next review will be conducted in 2017.

Dissemination of the Plan

The Plan is a public document, which is available on request from Council’s Administration Officers or Library Information Service. It can be translated into alternative formats for large print, audio or Braille and is also available electronically and via email upon request. The Executive Manager Community Division is available to any person seeking explanation or further information regarding the Plan.

Availability of the amended plan will be advertised in the Esperance Express (local newspaper). Copies will be distributed to all Shire Councillors, members of the Disability Access and Inclusion Working Party and Directors of the Shire of Esperance.

The Disability Access and Inclusion Plan is also available to download from the Shire of Esperance website at www.esperance.wa.gov.au.

Reporting on the DAIP

The Disability Services Act requires the Shire to report on the implementation of its DAIP in its annual report outlining:

§ Progress towards the desired outcomes of the DAIP;

§ Progress of its agents and contractors towards meeting the seven desired outcomes; and

§ The strategies used to inform agents and contractors of its DAIP

The shire is also required to report on progress in the prescribed format to the Disability Services Commission by July 31 each year.

Conclusion

The Shire of Esperance is committed to ensuring that people with disability and their carers have the opportunity to fully participate in community life.

Ordinary Council: Agenda

16 December 2014 Page 84

Strategies to improve access and inclusion

The following overarching strategies have been developed to address each of the seven desired outcome areas of the Disability Services Act from feedback gained in the consultation process. This will form the basis of the Implementation Plan.

KEY OUTCOME STATEMENT 1: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO ACCESS THE SERVICES OF AND ANY EVENTS ORGANISED BY A PUBLIC AUTHORITY.

Strategy

Ensure that people with disability are consulted on their needs for services and the accessibility of current services

Ensure that events are accessible to people with disability

Develop links between the DAIP and other shire plans and strategies

Provide rest areas for pedestrians within the CBD, parks, cemetery and walk trails.

Improve access to the cemetery for persons with mobility problems.

Footpaths and roads are kept free of rubbish, debris and other impediments.

KEY OUTCOME STATEMENT 2: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITY AS OTHER PEOPLE TO ACCESS THE

BUILDINGS AND OTHER FACILITIES OF A PUBLIC AUTHORITY.

Strategy

Ensure that all buildings and facilities meet the standards for access and any demonstrated additional need

Ensure that all new or redevelopment works provide access to people with disability, where practicable

Advocate to local businesses and tourist venues the requirements for and benefits flowing from the provision of accessible venues

Ensure that all recreational areas are accessible

Ensure that ACROD parking meets the needs of people with disability in terms of quantity and location

Ensure that persons with disability are considered when constructing or renovating public toilets, ablutions and change rooms

Improve access to the town beaches for people using wheelchairs

Easy Access car parking is available at shire facilities

KEY OUTCOME STATEMENT 3: PEOPLE WITH DISABILITY RECEIVE INFORMATION FROM A PUBLIC AUTHORITY IN A FORMAT THAT WILL ENABLE THEM TO ACCESS THE INFORMATION AS READILY AS OTHER PEOPLE ARE ABLE TO ACCESS IT.

Strategy

Ensure that the community is aware of where shire information may be obtained and that shire information is available in alternative formats on request

KEY OUTCOME STATEMENT 4: PEOPLE WITH DISABILITY RECEIVE THE SAME LEVEL AND QUALITY OF SERVICE FROM THE STAFF OF A PUBLIC AUTHORITY AS OTHER PEOPLE RECEIVE FROM THE STAFF OF THAT PUBLIC AUTHORITY.

Strategy

Improve staff and contractor awareness of disability and access issues and improve skills to provide good service to people with disabilities

Ensure staff working with persons with disability receive appropriate training

KEY OUTCOME STATEMENT 5: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO MAKE COMPLAINTS TO A PUBLIC AUTHORITY.

Strategy

Ensure that grievance mechanisms are accessible for persons with disability

KEY OUTCOME STATEMENT 6: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO PARTICIPATE IN ANY PUBLIC CONSULTATIONS BY A PUBLIC AUTHORITY.

Strategy

Improve community awareness about consultation processes

KEY OUTCOME STATEMENT 7: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO OBTAIN AND MAINTAIN EMPLYMENT WITH A PUBLIC AUTHORITY

Strategy

Use inclusive recruitment practices

Improve methods of attracting, recruiting and retaining people with disability

Work with key disability employment support provider(s) to obtain support to employ persons with disability

Implementation Plan 2012 - 2017

KEY OUTCOME STATEMENT 1: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO ACCESS THE SERVICES OF AND ANY EVENTS ORGANISED BY A PUBLIC AUTHORITY.

Strategy	Task	Timeline	Responsibility	Status
Ensure that people with disability are consulted on their needs for services and the accessibility of current services	· Develop consultation guidelines for all future reviews of services	December 2017	Executive Manager Community Division
Ensure that events are accessible to people with disability	· Ensure that all events are planned using the Accessible Events check list	Ongoing	All event coordinators
Develop links between the DAIP and other shire plans and strategies	· Incorporate the objectives and strategies of the DAIP into the Shires existing planning processes, particularly the Community Strategic Plan	December 2017	Chief Executive Officer
Provide rest areas for pedestrians within the CBD, parks, cemetery and walk trails.	· Develop and implement a plan for the provision of strategically placed rest areas in public places.	Ongoing	Manager Infrastructure Development
Improve access to the cemetery for persons with mobility problems	· Open the cemetery to the public for vehicle access on Sundays	December 2014	Manager Parks and Gardens
Footpaths and roads are kept free of rubbish, debris and other impediments.	· A footpath and roads inspection program is implemented to keep footpaths and roads hazard free and accessible.	Ongoing	Manager Infrastructure Operations

KEY OUTCOME STATEMENT 2: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITY AS OTHER PEOPLE TO ACCESS THE BUILDINGS AND OTHER FACILITIES OF A PUBLIC AUTHORITY.

Strategy	Task	Timeline	Responsibility	Status
Ensure that all buildings and facilities meet the standards for access and any demonstrated additional need	· Conduct an audit of public toilets, buildings, airport, cemetery, and other facilities · Develop and implement a program of progressive upgrade · Consider and make provision for the needs of persons operating electric powered scooters	December 2017	Property Building Coordinator
Ensure that all new or redevelopment works provide access to people with disability, where practicable	· Ensure that the legal requirements for access are met in all plans for new or redeveloped buildings and facilities · Ensure that no development application is signed off without a declaration that it meets the legal requirements · Ensure that key staff are trained and kept up to date with legal requirements	Ongoing	Director Asset Management
Advocate to local businesses and tourist venues the requirements for and benefits flowing from the provision of accessible venues	· Provide information on the needs of people with disabilities and of legal requirements and best practice · Promote access to business · Make access information available on the Shire website	Ongoing	Manager Commercial Enterprises
Ensure that all recreational areas and facilities are accessible	· Conduct an audit of sports grounds, playgrounds, and beaches · Include provision for persons with disability to access boats at boat ramps and wharfs when developing or renovating facilities. · Develop and implement a program of progressive upgrade	December 2015	Director Asset Management
Ensure that ACROD parking meets the needs of people with disability in terms of quantity and location	· Conduct an audit of ACROD bays and implement a program to rectify any non compliance · Consider the need for additional bays at some locations	December 2015	Manager Infrastructure Operations
Ensure that persons with disability are considered when constructing or renovating public toilets, ablutions and change rooms	· Consult with persons with disability to identify special needs when constructing or renovating ablutions and change rooms · Change rooms at the Bay of Isles Leisure Centre are renovated to meet the needs of persons with disabilities	Ongoing as projects emerge.	Director Asset Management
Improve access to the town beaches for people using wheelchairs	· Include beach access for persons with disability in redevelopment plans for foreshore	December 2014	Director Asset Management
Easy Access car parking is available at shire facilities	· Develop a car parking strategy to provide for an increase in the numbers of persons with disability · Facilitate easy access car parking to library and senior citizens centre	December 2015	Director Asset Management

Strategy

Task

Timeline

Responsibility

Status

Ensure that the community is aware of where shire information may be obtained and that shire information is available in alternative formats on request

· Publicise the availability and location of shire information sources

· Ensure that all documents carry a notation that it is available in alternative formats

Ongoing

Manager Executive Services

Strategy

Task

Timeline

Responsibility

Status

Improve staff and contractor awareness of disability and access issues and improve skills to provide good service to people with disability

· Determine training needs of staff and conduct training as required

· Develop contracts for contractors which include recognition of the Shires obligations under it’s DAIP.

Ongoing

Manager Corporate Support

Ensure staff working with persons with disability receive appropriate training

· Identify staff that provide services to persons with disability

· Provide training to staff

Ongoing

Manager HR

KEY OUTCOME STATEMENT 5: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO MAKE COMPLAINTS TO A PUBLIC AUTHORITY.

Strategy

Task

Timeline

Responsibility

Status

Ensure that grievance mechanisms are accessible for persons with disability

· Promote accessible complaints mechanisms to the community

· Develop web based complaints forms

December 2015

Manager Corporate Support

KEY OUTCOME STATEMENT 6: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO PARTICIPATE IN ANY PUBLIC CONSULTATIONS BY A PUBLIC AUTHORITY.

Strategy

Task

Timeline

Responsibility

Status

Improve community awareness about consultation processes

· Promote the existence, role and activities of the Disability Services Working Party

· Disability Services Working Party to meet at least 6 monthly to review implementation of DAIP.

· Ensure that media releases go to both print and electronic media.

Ongoing

Executive Manager Community Division

KEY OUTCOME STATEMENT 7: PEOPLE WITH DISABILITY HAVE THE SAME OPPORTUNITIES AS OTHER PEOPLE TO OBTAIN AND MAINTAIN EMPLYMENT WITH A PUBLIC AUTHORITY

Strategy	Task	Timeline	Responsibility	Status
Use inclusive recruitment practices	· Ensure job advertisements are displayed in a variety of formats and locations - newspaper, website, notice boards etc. · Include a statement in advertising – We are an Equal Opportunity Employer · Ensure interviews are conducted at an accessible venue.	Ongoing	Manager Human Resources
Improve methods of attracting, recruiting and retaining people with disability	· Examine current methods of recruitment · Assess the support required for employees with disability	June 2015	Manager Human Resources
Work with key disability employment support provider(s) to obtain support to employ persons with disability	· Identify disability employment service providers in Esperance · Seek assistance to develop flexible job descriptions · Ensure disability employment service providers have access to advertised vacancies	Ongoing	Manager Human Resources

Ordinary Council: Agenda

16 December 2014 Page 91

12.4 Asset Management

Item: 12.4.1

Fleet Asset Management Plan 2014

Author/s	Bill Parry	Asset Management Coordinator
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D14/23331

Applicant

Asset Management

Location/Address

Whole of Shire

Executive Summary

To allow Council to consider the Fleet Asset Management Plan 2014

Recommendation in Brief

That Council accepts the Fleet Asset Management Plan 2014

Background

The 2014 Fleet Asset Management Plan (AMP) has been reviewed in line with the adopted Asset Management Strategy 2012 to 2014 and objectives relating to managing funding gaps. This review follows Council’s adoption of the 2013 Fleet AMP and the 10 Year Plant Replacement Program (Item 12.2.2 carried by simple majority Ordinary Council Meeting 26^th December 2013) which identifies the annual budget allocations required to meet the projected renewal expenditure thereby removing any funding gap. This review also incorporates a revised register of assets, values and useful life.

Officer’s Comment

AMP’s are developed based on the National Asset Management Strategy (NAMS) format using information from the Shires Fleet management systems “Systems.plus” and “UniFleet” and input from Shire Officers.

Assets identified in this plan are summarised as follows:

Asset category	Dimension	Quantity	Current replacement cost	Depreciated replacement cost	Annual depreciation cost
Heavy	Includes graders, loaders, trucks, rollers, road plant	119	$10,398,576	$5,896,770	$985,626
Light	Staff and light operational vehicles	42	$1,465,975	$1,140,219	$184,937
Miscellaneous	Includes mowers, trailers, small plant	29	$344,053	$92,561	$37,651
TOTAL		190	$12,208,604	$7,129,549	$1,208,214

Key assumptions used in this plan include:

· Assets relating to externally or self funded departments have been excluded. They are Home and Community Care, Fire & Emergency Services, Airport and Wylie Bay Landfill.

· Asset condition has not been determined. Asset renewal is optimised using criteria including utilisation rates, maintenance, whole of life costs and useful life.

· Renewal expenditure is averaged over 3 years.

· Projected renewal is 2013 dollars

Sustainability reporting compares the rate of annual asset consumption to renewal and upgrade:

DLG Measure	2013	2014	Measurement	Expected range
Asset Consumption Ratio	53.5%	58.4%	Depreciated Replacement/Current Replacement A ratio of less than 50% indicates a rapid deterioration of the asset base. A ratio greater than 75% indicates an over investment.	50% to 75%
Asset Sustainability Ratio	91.8%	98.8%	Renewal expenditure/Depreciation exp A ratio of less than 90% indicates under investment in renewal and replacement. A ratio greater than 110% indicates over investment.	90% to 110%
Asset Renewal Funding Ratio	84.8%	100%	10 yr NPV planned exp / 10 yr NPV required exp A ratio less than 95% indicates there may be inadequate provision for asset renewal and replacement.	95% to 105%

Projected Operating and Capital Expenditure and Budget:

Financial projections beyond the 10 year plan are based only on estimates.

The following table shows an absence of funding gap based on acceptance of the 10 Year Plant Replacement Program:

Year	Projected Renewals	Planned Renewal Budget	Renewal Funding Shortfall (-ve Gap, +ve Surplus)	Cumulative Shortfall (-ve Gap, +ve Surplus)
2014	$840,000	$840,000	$0	$0
2015	$1,277,000	$1,277,000	$0	$0
2016	$1,307,000	$1,307,000	$0	$0
2017	$848,000	$848,000	$0	$0
2018	$1,414,000	$1,414,000	$0	$0
2019	$1,197,000	$1,197,000	$0	$0
2020	$1,452,000	$1,452,000	$0	$0
2021	$1,213,000	$1,213,000	$0	$0
2022	$1,310,000	$1,310,000	$0	$0
2023	$1,076,000	$1,076,000	$0	$0

Consultation

This AMP has been prepared and reviewed by relevant Asset Management department staff.

Financial Implications

This AMP outlines current values and expenditure and identifies the budget allocations required to provide the desired level of service without generating a renewal funding gap.

Asset Management Implications

Sustainability measures under this funding model fall within the expected ranges. Refer to the Fleet Asset Management Plan attached under separate cover.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 – 2022

Economic

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

The Shire owns and operates a fleet of plant and equipment that enables it to provide services required by the community. Organisational mobility is essential for moving people, materials and tools to works sites. This mobility enables a range of community services and is essential to productivity and achieving the desired levels of service.

Corporate Business Plan 2014/2015 – 2017/2018

3.5.1.3 Manage Shire Fleet Asset

3.5.1.4 Review and update Asset Management Plans

3.5.1.5 Integrate Asset Management across Shire operations

Environmental Considerations

Nil

Attachments

Fleet Asset Management Plan 2014 - Under Separate Cover

Officer’s Recommendation

That Council:

1. Accept the Fleet Asset Management Plan 2014, and;

2. Incorporate the Renewal projections into the Long Term Financial Plan

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 95

Item: 12.4.2

RFQ 08-14 Replacement of a Backhoe

Author/s	Chris Hubble	Technical Officer
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D14/24475

Applicant

Internal

Location/Address

Asset Management

Executive Summary

To consider quotations for the supply, delivery and licensing of one new Backhoe utilising the trade-in of the Shire’s existing 2007 416E Caterpillar Backhoe and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

Council should:

1. Not accept the outright purchase offer from Smith Broughton & Sons, Pickles Auctions, Goldsmith Civil & Environmental, or Allused under WALGA disposal tender RFT 041_14 (Plant 2); and

2. Accept quotation RFQ 08/14 from CJD Equipment Pty Ltd for the supply, delivery and licensing of one new BL71B Backhoe as specified, utilising trade of the Shire’s existing 2007 416E Backhoe for a net changeover of $105,000.00.

Background

In accordance with the Councils adopted Plant Asset Management Plan Caterpillar Backhoe 416E (2007), Registration E23320, Shire ID L48, Plant ID. 127006 is due to be changed over as per the 2014-15 budget.

The WALGA Preferred Supplier System was used to obtain quotes from five (5) suppliers of backhoes being Westrac Pty Ltd, Komatsu Australia Pty Ltd, JCB Construction Equipment Australia, CJD Equipment Pty Ltd, and Hitachi Construction Machinery (Aust).

WALGA was engaged to run a tender for the disposal of the Shire’s existing Backhoe which was advertised under WALGA Disposal Tender RFT 041-14 (Plant 2) on Wednesday the 13th August, 2014 and closed Wednesday 25^th August, 2014. Four (4) tenders were received for the outright purchase.

Five (5) companies submitted seven (7) quotations to replace the Backhoe including trade changeover figures.

The quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	50%
Mechanical Assessment	25%
Provision of Service Abilities	5%
Operator Assessment	20%

The assessment matrix (below) allows the tenders / quotations to be evaluated in an unbiased manner whereby 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.

Westrac Pty Ltd and JCB Construction Equipment Australia both submitted two (2) models of Backhoe for consideration. The machines chosen for comparison were those that more closely matched the specifications in RFQ 08/14 and fit within budget the best.

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company	Komatsu Australia Pty Ltd	JCB Construction Equipment Australia	Hitachi Construction Machinery (Aust)	Westrac Pty Ltd	CJD Equipment Pty Ltd
Make and Model	Komatsu WB97R-5ED	JCB 3CX	John Deere 315SK	Caterpillar 422F	Volvo BL71B
Score	78.42	78.04	78.57	84.49	84.64

From the above table two highest scores were very close with the Volvo BL71B and the Caterpillar 422F within 1 percentage point.

The Shire has been operating a fleet of Caterpillar backhoes for a number of years, therefore with the scores between the Caterpillar and Volvo being so close; Shire officers requested that CJD supply a demo model of the BL71B. A demonstration was held in Esperance at the Murray Rd/Chartwell Rd intersection where Shire officers and backhoe operators inspected, operated, and compared to the current Caterpillar 416E model.

The Volvo BL71B has larger front tyres than the Caterpillar 422F which is considered advantageous for the type of work the backhoe would be used for.

CJD have a service facility with qualified mechanics in Kalgoorlie, making delivery of parts, and travel for any maintenance only a minor issue in comparison to Caterpillar having a Westrac facility located in Esperance.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisors

Director of Engineering Services

Financial Implications

Council has allocated $132,612.00 (excluding GST) net changeover in its 2014/15 Budget. The net actual changeover for this Backhoe is $27,612.00 (excluding GST) under budget. See confidential attachment for quotation comparison.

Asset Management Implications

It is important to ensure that fleet is changed over at the optimal time whereby a suitable trade value is obtained while limiting the need to undertake significant maintenance on plant prior to trading. This ensures that the Shire keeps a modern, up-to-date fleet that is capable of undertaking the significant work required within the Shire of Esperance.

This replacement is in accordance with Council’s adopted Fleet Asset Management Plan and the 10 Year Plant Replacement Program contained within.

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

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

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

Environmental Considerations

Nil

Attachments

a .

RFQ 08/14 Backhoe Comparison for Council - Confidential

Officer’s Recommendation

That Council

1. Not accept the outright purchase offer from Smith Broughton & Sons, Pickles Auctions, Goldsmith Civil & Environmental, or Allused under WALGA disposal tender RFT 041_14 (Plant 2); and

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 98

Item: 12.4.3

RFQ 09-14 Replacement of a Backhoe

Author/s	Chris Hubble	Technical Officer
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D14/24486

Applicant

Internal

Location/Address

Asset Management

Executive Summary

To consider quotations for the supply, delivery and licensing of one new Backhoe utilising the trade-in of the Shire’s existing 2008 416E Caterpillar Backhoe and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

Council should:

1. Not accept the outright purchase offer from Smith Broughton & Sons, Pickles Auctions, Goldsmith Civil & Environmental, or Allused under WALGA disposal tender RFT 041_14 (Plant 3); and

2. Accept quotation RFQ 09/14 from CJD Equipment Pty Ltd for the supply, delivery and licensing of one new BL71B Backhoe as specified, utilising trade of the Shire’s existing 2008 416E Backhoe for a net changeover of $105,000.00.

Background

In accordance with the Councils adopted Plant Asset Management Plan Caterpillar Backhoe 416E (2008), Registration E006, Shire ID L50, Plant ID. 127007 is due to be changed over as per the 2014-15 budget.

WALGA was engaged to run a tender for the disposal of the Shire’s existing Backhoe which was advertised under WALGA Disposal Tender RFT 041-14 (Plant 3) on Wednesday the 13th August, 2014 and closed Wednesday 25^th August, 2014. Four (4) tenders were received for the outright purchase.

Five (5) companies submitted seven (7) quotations to replace the Backhoe including trade changeover figures.

The quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	50%
Mechanical Assessment	25%
Provision of Service Abilities	5%
Operator Assessment	20%

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company	Komatsu Australia Pty Ltd	JCB Construction Equipment Australia	Hitachi Construction Machinery (Aust)	Westrac Pty Ltd	CJD Equipment Pty Ltd
Make and Model	Komatsu WB97R-5ED	JCB 3CX	John Deere 315SK	Caterpillar 422F	Volvo BL71B
Score	78.26	78.04	78.57	85.35	84.64

From the above table two highest scores were very close with the Volvo BL71B and the Caterpillar 422F within 1 percentage point.

The Shire has been operating a fleet of Caterpillar backhoes for a number of years, therefore with the scores between the Caterpillar and Volvo being so close, Shire officers requested that CJD supply a demo model of the BL71B. A demonstration was held in Esperance at the Murray Rd/Chartwell Rd intersection where Shire officers and backhoe operators inspected, operated, and compared to the current Caterpillar 416E model.

The Volvo BL71B has larger front tyres than the Caterpillar 422F which is considered advantageous for the type of work the backhoe would be used for.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisors

Director of Engineering Services

Financial Implications

Asset Management Implications

This replacement is in accordance with Council’s adopted Fleet Asset Management Plan and the 10 Year Plant Replacement Program contained within.

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

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

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

Environmental Considerations

Nil

Attachments

RFQ 09/14 Backhoe Comparison for Council - Confidential

Officer’s Recommendation

That Council

1. Not accept the outright purchase offer from Smith Broughton & Sons, Pickles Auctions, Goldsmith Civil & Environmental, or Allused under WALGA disposal tender RFT 041_14 (Plant 3); and

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 101

Item: 12.4.4

RFQ 12-14 Replacement of a Vibratory Roller

Author/s	Chris Hubble	Technical Officer
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D14/24487

Applicant

Internal

Location/Address

Asset Management

Executive Summary

To consider quotations for the supply, delivery and licensing of one new Vibratory Roller utilising the trade-in of the Shire’s existing 2008 T3411 Hamm Vibratory Roller and the outright purchase offers received in relation to a WALGA disposal tender.

Recommendation in Brief

Council should:

1. Not accept the outright purchase offer from Smith Broughton & Sons or Pickles Auctions under WALGA disposal tender RFT 041_14 (Plant 4); and

2. Accept quotation RFQ 12/14 from Atlas Copco Construction Equipment for the supply, delivery and licensing of one new CA 2800D Vibratory Roller as specified, utilising trade of the Shire’s existing 2008 T3411 Vibratory Roller for a net changeover of $94,900.00.

Background

In accordance with the Councils adopted Plant Asset Management Plan Hamm Vibratory Roller T3411 (2008), Registration E24742, Shire ID VR11, Plant ID. 133007 is due to be changed over as per the 2014-15 budget.

The WALGA Preferred Supplier System was used to obtain quotes from six (6) suppliers of vibratory rollers being Westrac Pty Ltd, Tutt Bryant Pty Ltd, JCB Construction Equipment Australia, CJD Equipment Pty Ltd, Wirtgen Australia Pty Ltd, and Atlas Copco Construction Equipment.

WALGA was engaged to run a tender for the disposal of the Shire’s existing vibratory roller which was advertised under WALGA Disposal Tender RFT 041-14 (Plant 4) on Wednesday the 13th August, 2014 and closed Wednesday 25^th August, 2014. Two (2) tenders were received for the outright purchase.

Six (6) companies submitted nine (9) quotations to replace the vibratory roller including trade changeover figures.

The quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	50%
Mechanical Assessment	25%
Provision of Service Abilities	5%
Operator Assessment	20%

Wirtgen Equipment Pty Ltd, Tutt Bryant Pty Ltd, and Atlas Copco Construction Equipment, all submitted two (2) models of vibratory roller for consideration. The machines chosen for comparison were those that more closely matched the specifications in RFQ 12/14 and fit within budget the best.

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company	Westrac Pty Ltd	Tutt Bryant Pty Ltd	JCB Construction Equipment Australia	CJD Equipment Pty Ltd	Atlas Copco Construction Equipment	Wirtgen Equipment Pty Ltd
Make and Model	Caterpillar CS56	Bomag BW211D-4	JCB VM115D	Volvo SD130D	Dynapac CA 2800D	Hamm 3412
Score	78.85	80.42	80.47	79.11	81.65	79.52

From the above table two highest scores were very close with the JCB VM115D and the Dynapac CA 2800D within 2 percentage points.

The Shire is currently operating two Hamm T3411 vibratory rollers, which have been poorly received from the operators and mechanics, due to constant breakdowns and parts failures. Because of this, Hamm rollers have been rated poorly in both technical and operator reports, leaving them with a lower score despite their lower cost.

Dynapac rollers are favoured from both an operator and technical perspective, having a history of reliability and high performance. Due to the low cost of the Dynapac roller from Atlas Copco, and their high trade offer, these rollers are the only options that fall within the 2014/15 budget.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisors

Director of Engineering Services

Financial Implications

Council has allocated $96,542.00 (excluding GST) net changeover in its 2014/15 Budget. The net actual changeover for this vibratory roller is $1,642.00 (excluding GST) under budget. See confidential attachment for quotation comparison.

Asset Management Implications

This replacement is in accordance with Council’s adopted Fleet Asset Management Plan and the 10 Year Plant Replacement Program contained within.

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

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

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

Environmental Considerations

Nil

Attachments

RFQ 12/14 Vibratory Roller Comparison for Council - Confidential

Officer’s Recommendation

That Council

1. Not accept the outright purchase offer from Smith Broughton & Sons or Pickles Auctions under WALGA disposal tender RFT 041_14 (Plant 4); and

2. Accept quotation RFQ 12/14 from Atlas Copco Construction Equipment for the supply, delivery and licensing of one new CA 2800D vibratory roller as specified, utilising trade of the Shire’s existing 2008 T3411 vibratory roller for a net changeover of $94,900.00.

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 104

Item: 12.4.5

RFQ 13-14 Replacement of a Vibratory Roller

Author/s	Chris Hubble	Technical Officer
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D14/24493

Applicant

Internal

Location/Address

Asset Management

Executive Summary

Recommendation in Brief

Council should:

1. Not accept the outright purchase offer from Smith Broughton & Sons, Allused, or Pickles Auctions under WALGA disposal tender RFT 041_14 (Plant 5); and

Background

In accordance with the Councils adopted Plant Asset Management Plan Hamm Vibratory Roller T3411 (2008), Registration E24741, Shire ID VR12, Plant ID. 133008 is due to be changed over as per the 2014-15 budget.

WALGA was engaged to run a tender for the disposal of the Shire’s existing vibratory roller which was advertised under WALGA Disposal Tender RFT 041-14 (Plant 5) on Wednesday the 13th August, 2014 and closed Wednesday 25^th August, 2014. Three (3) tenders were received for the outright purchase.

Six (6) companies submitted nine (9) quotations to replace the vibratory roller including trade changeover figures.

The quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	50%
Mechanical Assessment	25%
Provision of Service Abilities	5%
Operator Assessment	20%

Officer’s Comment

Shire staff evaluated the machinery from the supplied technical information, photos, internet, discussion with the various sales representatives and previous experience.

Assessment

Company	Westrac Pty Ltd	Tutt Bryant Pty Ltd	JCB Construction Equipment Australia	CJD Equipment Pty Ltd	Atlas Copco Construction Equipment	Wirtgen Equipment Pty Ltd
Make and Model	Caterpillar CS56	Bomag BW211D-4	JCB VM115D	Volvo SD130D	Dynapac CA 2800D	Hamm 3412
Score	79.27	80.81	80.87	79.52	82.02	79.52

From the above table two highest scores were very close with the JCB VM115D and the Dynapac CA 2800D within 2 percentage points.

Consultation

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisors

Director of Engineering Services

Financial Implications

Asset Management Implications

This replacement is in accordance with Council’s adopted Fleet Asset Management Plan and the 10 Year Plant Replacement Program contained within.

Statutory Implications

Local Government (Functions and General) Regulations 1996 Part 4 and Section 3.57 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

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

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

Environmental Considerations

Nil

Attachments

RFQ 13/14 Vib. Roller Comparison for Council - Confidential

Officer’s Recommendation

That Council

1. Not accept the outright purchase offer from Smith Broughton & Sons, Allused, or Pickles Auctions under WALGA disposal tender RFT 041_14 (Plant 5); and

2. Accept quotation RFQ 13/14 from Atlas Copco Construction Equipment for the supply, delivery and licensing of one new CA 2800D vibratory roller as specified, utilising trade of the Shire’s existing 2008 T3411 vibratory roller for a net changeover of $94,900.00.

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 107

Item: 12.4.6

Proposal to Transfer Thomas River Reserve 518 to WA Conservation Commission

Author/s	Rod Hilton	Executive Manager Community Division
Authorisor/s	Matthew Scott	Chief Executive Officer
	Rod Hilton	Executive Manager Community Division

File Ref: D14/24683

Applicant

Internal

Location/Address

Thomas River Reserve No. 518

Executive Summary

To consider submissions received following advertising of the proposal to transfer the vesting of Thomas River Reserve to the WA Conservation Commission.

Recommendation in Brief

That Council:

1. Receives the attached summary of submissions;

2. Offers the vesting of Thomas River Reserve 518 to the WA Conservation Commission; and, subject to the offer being accepted

3. Commences the process to transfer the vesting of Reserve 518 to the WA Conservation Commission.

Background

At the October 2014 Council meeting (Res.O1014-014) Council resolved to:

1. Call for public submissions to gauge community opinion over the recommendation of the Esperance Coastal Management Plan to consider transferring the vesting of Thomas River Reserve 518 to the WA Conservation Commission for management by the Department of Parks and Wildlife;

2. Close the public submission period 14 days after the date of the advertisement; and

3. Direct the CEO to include in a summary of the public submissions received as information to be included in an agenda item for Council to consider whether or not to proceed with initiating the process to transfer the vesting of Thomas River Reserve 518 top the WA Conservation Commission.

The request for submissions on the proposal to transfer the vesting of the Thomas River Reserve to the WA Conservation Commission was advertised in the Esperance Express on 7^th November 2014.

There were 9 submissions received by the closure date of 21^st November 2014. Only 1 submission appears not to object to the transfer of land on condition that the large group camping sites are retained. The remaining 8 submissions based their opposition to the transfer on the belief that management by DPaW would take away local control resulting in the introduction of unnecessary rules and regulations. In particular, submitters were concerned over losing their ability to have dogs in the camping area, retention of group camp sites, and their right to have a camp fire during the open fire season.

Officer’s Comment

It was apparent in summarizing the submissions that many people are unaware of the existing rules and regulations – there was one comment that the dogs are not an issue as they spend most of their time up the beach. The beach, of course, is National Park where they are absolutely prohibited. Another submitter suggested that National Parks controlled by DPaW have too much infrastructure and the roads are always in disrepair.

With only 9 submissions being received from a population of 14,000, it would appear that the majority of the Esperance community is not concerned about the future management of the Thomas River Reserve. What is clear though is that if Council transfers its vesting of the Reserve to the WA Conservation Commission it will loose the ability to have direct input and control over how the reserve is to be used in the future.

At the present time DPaW has the power to restrict dogs from entry into the Thomas River Reserve. It does not need to have control of the reserve to do this as access to the reserve is via a DPaW maintained road through the Cape Arid National Park. DPaW has advised “The department will manage the national parks and the nature reserve in a consistent manner which effectively means that no concessions will be made to permit dogs or fires for the purposes of camping and cooking in CALM Act managed lands”.

The following options are available to Council:

1. Retain the vesting and renegotiate the Management Agreement with DPaW to continue to manage Reserve 518 on behalf of the Shire of Esperance

2. Retain the vesting and reinstate the Ranger services to the reserve and/or engage a “Camp Host” or contracted manager during the busy holiday periods

3. Transfer responsibility for management and operation of the reserve to another body

Further details on these options are included in the attached Fact Sheet.

Consultation

Public submissions have been invited by advertisement in the Esperance Express on the 7^th November 2014. There have been numerous news items, published Letters to the Editor and editorials on this matter.

A summary of the submissions received is attached.

The Shire of Esperance Coastal Management Plan which contains the recommendation (Ref. CT2) for Council to consider handing over the Management Order of Reserve 518 to DPaW was advertised for public comment on the 30^th April 2014. No submissions were received from the public.

The Esperance District Manager of DPaW has confirmed support from DPaW for amalgamation of Reserve 518 into the Cape Arid National Park.

Financial Implications

There are no financial implications arising from this report for the current financial year. However, if Council decides to retain the Thomas River Reserve and reinstate servicing of the reserve by Shire Rangers, a service delivery review will be required to determine the capacity of the Rangers to include the additional tasks into their works program. There is the potential to collect camper’s fees of up to $11,000 per annum through daily collections. If this is not possible, fees would most likely be collected via the donations box which prior to DPaW management realised only $500 per annum.

There is no certainty that DPaW will be willing to continue with the current management agreement to operate the camp site on behalf of the Shire.

Asset Management Implications

Infrastructure replacement – picnic tables, shade shelters, bollards, camping bays, rainwater tank and toilet blocks have an estimated replacement value of $125,340 over the next 6 years.

Recommended additional infrastructure proposed by Esperance Coastal Management Plan includes a camp kitchen $70,000, signs $1,500 and pedestrian access/road improvements to beach $10,000

	Capital	Annual	Comments
Capital	$155,970	$25,995	To be replaced within 6 years
Interest (economic cost)		$6,239	4% pa
Depreciation (ongoing costs)		$5,792
Maintenance (ongoing cost)		$15,000	If serviced by shire Rangers

		$53,026	Per year

Statutory Implications

Local Government Act 1995 Section 3.58 Disposing of Property

Local Government (Functions and General) Regulations 1996 Section 30 (2) (c) Dispositions exempted from clause 3.58 of Local Government Act.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Environment

Strategy 2.3 Provide equitable access for all users to our environment while balancing the protection of natural assets.

Corporate Business Plan 2013/2014 – 2016/2017

Action 2.3.3 Review and update the Coastal Management Plan and coordinate implementation schedule.

Environmental Considerations

The environmental considerations arising from this report are:

· Location of toilets – potential leaching from toilets into Thomas River

· Camp fires – potential for fires to escape or campers to damage flora through collection of fire wood

· Dogs – potential for dogs to scare or destroy fauna or become a nuisance in the campsite

Attachments

a.	Summary of Submissions
b.	Thomas River Fact Sheet.

Officer’s Recommendation

That Council:

1. Receives the attached summary of submissions;

2. Offers the vesting of Thomas River Reserve 518 to the WA Conservation Commission; and,

3. Commences the process to transfer the vesting of Reserve 518 to the WA Conservation Commission, subject to the offer being accepted.

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 115

12.5 Corporate Resources

Item: 12.5.1

Lease - Old Methodist Church - Museum Village

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D14/24315

Applicant/s

Annie Smith

Karen & Richard Rushton

Ann Matthiessen

Location/Address

Portion of Lot 61 Pcl:10931 D:5742

60 Dempster St & Lot 62 Pcl:10932

D:5742 62 Dempster St Esperance

Executive Summary

For Council to consider leasing the Old Methodist Church, Museum Village.

Recommendation in Brief

That Council agrees to lease the property known as the Old Methodist Church, Museum Village Park, to Annie Smith trading as Naturally Esperance subject to specified conditions.

Background

Until recently the property known as the Old Methodist Church in Museum Village had been leased to Windabout Lakes Christian Church (WLCC), Council allowed WLCC to surrender their lease in October 2014. Following this decision an advertisement was placed calling for expressions of interest to lease the building.

Four submissions were received, one has since withdrawn leaving the following three;

1. Annie Smith – proposes to relocate and expand her current business ‘Naturally Esperance’ which currently operates out of the ‘Old Doctors Surgery’ in Museum Village. The business ‘Naturally Esperance’ has operated successfully out of the ‘Old Doctor’s Surgery’ since 2006; Annie purchased the business in 2009 and has expanded the range of products but is now limited due to the physical size of the premises. Annie plans to encompass more local producers for products such as Olive Oil, Honey, Chilli condiments and recycled wooden pieces and craft items. Annie would like to showcase Esperance talents for locals and tourists to enjoy on a consistent level rather than only enjoying them on Market days. Annie is a co-ordinator of the Museum Village Markets and has a passion to create and provide a vibrant and exciting place for both locals and visitors to enjoy and shop.

2. Karen and Richard Rushton – Karen & Richard have recently purchased ‘Scrappy Sisters’, a craft shop currently operating on Norseman Road. They would like to expand their business to include workshops and classes providing opportunities for the Esperance community to experience a variety of crafts and hobbies; this would include the involvement of older residents who have expressed an interest in being able to share their knowledge and skills with others in a relaxed open space.

3. Ann Matthiessen – proposes to use the property to operate as a not for profit organisation with the name ‘AM Ministries’. This is a new enterprise, not previously operating in Esperance and plans to conduct Sunday services, prayer meetings, bible study groups, community meetings and an art gallery for Christian Art.

Officer’s Comment

Whilst the building has predominantly been used as a Church, there is nothing to prevent it being used for other commercial purposes.

Inside the building there are 10 x 2 metre original timber seating benches that will be included in the lease. The successful applicant can use them, or if they choose not to, they will be responsible for the safe storage of the seats.

The term of the lease to be offered will not be the same for all applicants; Annie Smith and Karen & Richard Rushton can be offered a lease 1 day less than six months; Ann Matthiessen can be offered a lease for 12 months. This is due to the Council decision in April 2013 which resolved that no new leases or existing leases should be extended beyond 31 December 2015 to allow Council to consider the future of the Museum Village land and buildings.

The variation in term duration are due to Annie Smith and Karen & Richard Rushton’s proposed businesses being considered to require a retail shop lease, which under the Commercial Tenancy (Retail Shops) Agreement Act 1985 stipulates that every lease with a term more than 6 months provides the tenant with an option to renew for up to 5 years (of which we are currently unable to offer) and Ann Matthiessen’s business is not considered to be retail.

Both Annie Smith and Karen & Richard Rushton have indicated that a lease term of 1 day less than 6 months is acceptable. Both Annie Smith or Karen & Richard Rushton are entitled to apply to the State Administrative Tribunal (SAT) to over-rule the requirement for a 5 year term as predetermined by s.13 of the Commercial Tenancy (Retail Shops) Agreement Act 1985. Two other Museum Village tenants have achieved such precedence from SAT this year.

Whist it may be considered that Annie Smith is already operating in the Museum Village and has an existing lease; the agreement has recently expired and is currently operating under clause 13.4 Holding Over which enables the terms and conditions of the agreement to continue as a monthly tenant. There has already been interest shown to lease the Old Doctor’s Surgery building that Annie currently operates from.

With careful and diligent consideration given to the arguments for and against for all three applicants it is the Officer’s opinion that Annie Smith trading as Naturally Esperance should be offered the lease on the Old Methodist Church. It is reasoned that Naturally Esperance is a proven attraction to tourists and visitors to Esperance. Ms Smith’s plan to expand and develop her business to sell and promote locally made produce is in accord with the objectives of the Shire Policy for the Museum Village “To promote the commercial use via a lease with Council of buildings within the area of the Museum Park Period Village for local and regional arts & crafts retail outlets.”

Consultation

Asset Management

Financial Implications

An independent Rental Valuation for this property was most recently carried out on 17 July 2014 which complies with S3.58 of the Local Government Act 1995 which states that a current market valuation not more than 6 months before the proposed disposition be ascertained.

The current rental valuation on this property is $65.00 p/m²p.a. (ex GST); $5,349.50 p.a.(ex GST).

A lease preparation fee of $500.00 will be payable by the lessee along with reimbursement of advertising costs as charged to Council.

Asset Management Implications

The interior of the property is in reasonable condition considering the age of the building. The need for replacement windows has been identified by Building Maintenance, but with the for replacement cost of one window in 2012/13 being $5,290.00; 2 windows have been boarded for public safety reasons pending a decision by Council on the future of Museum Village Buildings.

The only services to the building is electricity, there is no water or drainage to the property. It may be considered that some further security treatments could be required by the ingoing lessee; but all applicants are aware that the property is being leased as is, and any modifications will be at the lessee’s expense and Shire approval must be sought prior to any works being carried out.

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Commercial Tenancy (Retail Shops) Agreement Act 1985

Policy Implications

This item relates to Council Policy CORP 003: Museum Park Buildings Leasing Arrangements and CORP 004 for Building and Property Leases.

The Museum Park Buildings Leasing Arrangements Policy states “In relation to development at The Museum Park Period Village the Council will promote the area for arts, crafts and goods inspired and produced both locally and regionally, in an environment encouraging the interests of tourism”

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 replating to cleaning, internal and external property maintenance.

The applicable classification for this item is: Commercial Premises – Open Market which requires that market rental be determined by valuation with individual rental as determined by Council

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

Social

1.2 Create a vibrant built environment that is accessible and inclusive and reflects the Shire’s identity and local heritage

Economic

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

Corporate Business Plan

Action 4.5.12 Manage Shire leases and insurances

Environmental Considerations

N/A

Attachments

a.	Application to lease Museum Village Church Building - Annie Smith t/as Naturally Esperance
b.	Expression of Interest - Museum Village Church - Karen and Richard Rushton
c.	Expression of Interest - Leasing Church - Ann Matthiessen

Officer’s Recommendation

That Council agrees to lease the property known as the Old Methodist Church, Museum Village Park, to Annie Smith trading as Naturally Esperance subject to;

1. The term of the lease be 1 day less than 6 months initially and should an application lodged with State Administrative Tribunal be successful to overrule the requirement of s. 13 of the Commercial Tenancy (Retail Shops) Agreement Act 1985, that an extension of the lease be granted to expire not later than 31 December 2015;

2. The lease rental be $5,349.50 p.a.(ex GST) as determined by current commercial market rental valuation obtained from a registered independent valuer, with annual C.P.I. increases for the term of the lease;

3. The lease area to be a portion of Lots 61 and 62 Dempster Street Esperance, described and defined as the ‘Old Methodist Church’ in the lease and displayed clearly in an attachment to the lease document;

4. That all lease terms and conditions be as per Council Standard Commercial Lease; and

5. Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

6. Authorise the CEO to execute the lease document provided no adverse submissions are received.

Voting Requirement Simple Majority

Ordinary Council: Agenda

16 December 2014 Page 185

Shire of Esperance

Building Applications Approved from 1 November 2014 to 30 November 2014

Building Licences

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

New Building

Garage/Shed

13/11/2014

15614

ESM Manufacturing Group

75 Norseman Road

CASTLETOWN WA 6450

20 Beaumont Road

BEAUMONT

Lot: 1 D: 77383

Steel

Concrete

18.0

7,000.00

New Building

Storage Building

10/11/2014

15755

T M Davies

6 Cavanagh Court

CASTLETOWN WA 6450

11 Rogers Street

CHADWICK

Lot: 466 Pln: 12823

OB/0255/14

Steel

Concrete

495.0

Alterations

Dwelling ‑ Single

05/11/2014

15794

R J Donaldson Building Contractor

Address Unknown

9 Albany Street

WEST BEACH

Lot: 503 Pln: 172712

9687

Brick, double

Steel

Concrete

170.0

New Building

Garage/Shed

05/11/2014

15803

P E Pedersen

21 Alexander Drive

CASTLETOWN WA 6450

2 Lee Close

SINCLAIR

Lot: 5 Pln: 69431

Steel

Concrete

52.0

16,200.00

New Building

Dwelling ‑ Single

20/11/2014

15829

Glen Echo Pty Ltd ‑ Timmins & Timmins

4 Hill Street

CHADWICK WA 6450

Tuart Forest Grove

PINK LAKE

Lot: 44 Pln: 46108

9556

Brick, veneer

Steel

Concrete

450.0

494,000.00

New Building

Dwelling ‑ Single

06/11/2014

15834

Owner/Builder

32 Harris Road

MONJINGUP

Lot: 9 D: 65904

OB/1155/14

Concrete or stone

Steel

Concrete

275.0

190,000.00

New Building

Deck

Not Specified

Timber

140.0

10,000.00

New Building

Retaining Wall

11/11/2014

15836

D S James

19 Giles Street

WEST BEACH WA 6450

19 Giles Street

WEST BEACH

Lot: 546 Pln: 2788

OB/1133/10

Concrete or stone

Not Specified

Concrete

10,000.00

New Building

Garage/Shed

14/11/2014

15841

Ocean View Carpentry

10 George Street

SINCLAIR WA 6450

48 Westmacott Street

CASTLETOWN

Lot: 828 D: 86984

Steel

Concrete

36.0

10,000.00

New Building

Retaining Wall

Concrete

3.0

9,999.00

New Building

Patio

11/11/2014

15843

S J Napijalo

Lot 50 Reynolds Street

GIBSON WA 6448

15 Downes Street

PINK LAKE

Lot: 10 Pln: 2275

Steel

Concrete

62.0

10,000.00

New Building

Garage/Shed

20/11/2014

15845

A J Woosnam

63 Thistle Avenue

BANDY CREEK WA 6450

63 Thistle Avenue

BANDY CREEK

Lot: 225 Pln: 64773

Steel

Concrete

24.0

8,000.00

New Building

Garage/Shed

21/11/2014

15847

Ocean View Carpentry

10 George Street

SINCLAIR WA 6450

26 Dempster Street

ESPERANCE

Lot: 544 D: 91767

Brick, veneer

Steel

Concrete

7.0

15,000.00

New Building

Deck

18/11/2014

15848

S K Bonnet

7 Waterlily Way

CASTLETOWN WA 6450

K D Czaplinski

7 Waterlily Way

CASTLETOWN WA 6450

7 Waterlily Way

CASTLETOWN

Lot: 1054 Pln: 58988

Timber

35.0

6,000.00

New Building

Patio

Brick, double

Steel

Concrete

35.0

6,000.00

New Building

Retaining Wall

26/11/2014

15849

E G Behsman

23 Nugent Street

CASTLETOWN WA 6450

23 Nugent Street

CASTLETOWN

Lot: 345 Pln: 1853

Concrete

6,000.00

New Building

Dwelling ‑ Single

05/11/2014

15853

J M Kehl

Lot 5 Barook Road

PINK LAKE WA 6450

Barook Road

PINK LAKE

Lot: 5 Pln: 52171

OB/1040/14

Fibre Cement

Steel

Concrete

346.0

250,000.00

Page 1 of 2

Ordinary Council: Agenda

16 December 2014 Page 186

Shire of Esperance

Building Applications Approved from 1 November 2014 to 30 November 2014

Building Licences

Cost $

Excluding Land

Floor Area Sq.M

No of Buildings

Main Material of Floor

Roof Covering

Materials of External Walls

Type of Building

Situation of Building

Reg No

Builder Name & Address

Licence Number

Name & Address of Owner

Type of Work

Approval Date

New Building

Retaining Wall

28/11/2014

15854

E J Newman

23 Castletown Quays

CASTLETOWN WA 6450

23 Castletown Quays

CASTLETOWN

Lot: 845 Pln: 43641

Concrete

10,000.00

Alterations

Patio

28/11/2014

15855

Jollygood Enterprises Pty Ltd

10 Scholey Street

SINCLAIR WA 6450

10 Ram Court

CASTLETOWN

Lot: 1046 Pln: 58988

11528

Steel

Concrete

20.0

6,800.00

New Building

Garage/Shed

28/11/2014

15856

J M Coppard

Address Unknown

Sims Street

NULSEN

Lot: 629 D: 79185

Steel

Concrete

35.0

5,000.00

Alterations

Dwelling ‑ Single

14/11/2014

15857

J R MacMillan

45 Chantilly Circuit

CASTLETOWN WA 6450

13 Peppermint Grove

WEST BEACH

Lot: 31 Pln: 9421

S760

Steel

25,000.00

New Building

Dwelling ‑ Single

10/11/2014

15860

Owner/Builder

7 Adelaide Close

WEST BEACH

Lot: 341 Pln: 13885

OB/0858/14

Brick, double

Steel

Concrete

324.0

400,000.00

New Building

Dwelling ‑ Single

11/11/2014

15861

G Harp

42 Baleine Drive

CASTLETOWN WA 6450

K D Harp

42 Baleine Drive

CASTLETOWN WA 6450

7 Asken Turn

BANDY CREEK

Lot: 274 Pln: 69443

14239

Brick, veneer

Steel

Concrete

252.0

263,000.00

New Building

Dwelling ‑ Single

14/11/2014

15864

G Harp

42 Baleine Drive

CASTLETOWN WA 6450

K D Harp

42 Baleine Drive

CASTLETOWN WA 6450

67 Johns Street

SINCLAIR

Lot: 332 Pln: 54668

14239

Brick, veneer

Steel

Concrete

178.0

160,000.00

Alterations

Office Building

14/11/2014

15865

Dixon Construction WA PTY LTD

73 Norseman Road

CHADWICK WA 6450

89 Dempster Street

ESPERANCE

Lot: 33 Pln: 222408

13870

Steel

Concrete

8.0

22,000.00

New Building

Garage/Shed

13/11/2014

15867

D S James

19 Giles Street

WEST BEACH WA 6450

19 Giles Street

WEST BEACH

Lot: 546 Pln: 2788

Steel

Concrete

85.0

19,500.00

Demolition

Other Structure

13/11/2014

15873

W L Woods

Lot 2 South Coast Highway

CHADWICK WA 6450

6 Coppin Street

CHADWICK

Lot: 801 D: 63451

Steel

Concrete

2,000.00

New Building

Dwelling ‑ Single

25/11/2014

15879

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

8 Waterlily Way

CASTLETOWN

Lot: 1061 Pln: 58988

11422

Brick, veneer

Steel

Concrete

325.0

375,675.00

$2,337,174.00

Total number of Building Licences:

Total number of Licences/Certificates Reported:

$2,337,174.00

I certify to the best of my knowledge and belief, the particulars given in this return are a true and complete record of proposed building operations known to this local authority.

Signature ........................................... Date ...........................................

(Manager Building Services)

Page 2 of 2

Ordinary Council: Agenda

16 December 2014 Page 191

Council Meeting

Friday 28 November 2014

Teleconference

Commencing at 8.31am

MINUTES

CONTENTS

1. DECLARATION OF INTEREST. 3

2. ANNOUNCEMENTS. 3

3. ATTENDANCE AND APOLOGIES. 3

3.1 Attendance. 3

3.2 Apologies. 3

3.3 WALGA Representatives. 4

4. WESTERN AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (WALGA) BUSINESS. 5

4.1 State Councillor / Goldfield Esperance Zone President’s Report 5

4.2 WALGA Status Report (Attachment) 5

4.3 Review of WALGA State Council Agenda - Matters for Decision. 5

4.4 Review of WALGA State Council Agenda - Matters for Noting/Information. 10

4.5 Review of WALGA State Council Agenda - Organisational Reports. 10

4.6 Review of WALGA State Council Agenda - Policy Forum Reports. 10

4.7 WALGA President’s Report (Attachment) 11

5 AGENCY REPORTS. 13

5.1 Department of Local Government and Communities (Attachment) 13

6. OTHER BUSINESS. 13

6.1 Country Local Government Reform.. 13

6.2 WALGA Presidency. 13

7. URGENT BUSINESS as permitted by the Chair 13

8. DATE, TIME AND PLACE OF NEXT MEETINGS. 14

9. CLOSURE. 14

Goldfields Voluntary Regional Organisation of Councils

and

Goldfields esperance country zone of walga

Teleconference Meeting to be held on Friday 28 November 2014 commencing at 8.31am

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.

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

Cr Malcolm Heasman President, Shire of Esperance (entered the meeting at 8.39am)

Cr Paul Griffiths Councillor, Shire of Esperance (entered the meeting at 8.39am)

Mr Matthew Scott CEO, Shire of Esperance (entered the meeting at 8.39am)

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

Mr Peter Crawford CEO, Shire of Menzies

Cr Ian Goldfinch President, Shire of Ravensthorpe

Mr Ian Fitzgerald CEO, Shire of Ravensthorpe

Cr Graham Harris Deputy President, Shire of Wiluna

3.2 Apologies

Mr Paul Webb, CEO, Shire of Coolgardie

Cr Beverley Stewart, Councillor, Shire of Esperance

Cr Rob Wedge, Deputy President Shire of Laverton

Cr Peter Craig, President Shire of Leonora

Cr Ken Norman, Councillor Shire of Ravensthorpe

Cr Jim Quadrio, President Shire of Wiluna

Ms Andrea Nunan, CEO Shire of Wiluna

Mr Bruce Wittber Joint Executive Officer

3.3 WALGA Representatives

Ms Ricky Burges, Chief Executive Officer

Mr John Lane, Emergency Management Coordinator (Indigenous Communities)

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 State Councillor / Goldfield Esperance Zone President’s Report

Mayor Ron Yuryevich, AM RFD

No report

4.2 WALGA Status Report (Attachment)

From Executive Officer

BACKGROUND:

Presenting the Status Report for November 2014 which contains WALGA’s responses to the resolutions of previous Meetings

GVROC COMMENT:

This is an opportunity for Member Councils to consider the response from WALGA in respect to the matters that were submitted at the previous Meeting.

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils notes the:

1. State Councillor / Goldfield Esperance Zone President’s Report; and

2. WALGA Status Report.

RESOLUTION: Moved: Cr Harris Seconded: Cr Cullen

That the Goldfields Voluntary Regional Organisation of Councils notes the:

1. State Councillor / Goldfield Esperance Zone President’s Report; and

2. WALGA Status Report.

CARRIED

4.3 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 Zone is able to provide comment or submit an alternate recommendation that is then presented to the State Council for consideration.

5.1 Metropolitan Local Government Reform (05-034-01-0018 TL)

WALGA Recommendation

That WALGA advocate to the Minister for Local Government for:

1. In relation to funding:

a. An additional allocation of $80m to fund the implementation of Metropolitan Local Government reform, in accordance with WALGA’s Budget Submission;

b. The condensation of the $15m funding package from three years into two years, being $5m in 2014-15 and $10m in 2015-16; and

c. A review of grant funding guidelines to include directly attributable reform costs, such as redundancy payments.

2. The opportunity for Local Implementation Committees of amalgamating Local Governments to submit ward review proposals to the Local Government Advisory Board prior to their 1 July 2015 commencement; and

3. Clarity regarding:

a. The timing and content of the proposed City of Perth Act; and

b. The timing of the proposed City of Riversea amalgamation.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.2 Poll Provisions Policy Position (05-034-01-0018 TL)

WALGA Recommendation

That WALGA adopt, and advocate for, a policy position in relation to the poll provisions that Schedule 2.1 of the Local Government Act 1995 should be amended so that the electors of a Local Government affected by a boundary change or amalgamation proposal are entitled to petition the Minister for a binding poll.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.3 State Budget Submission 2015-16 (05-088-03-0001 PS)

WALGA Recommendation

That the Association’s State Budget Submission 2015-16 be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.4 Interim Submission to the Electricity Market Review (05-042-02-0001 PS)

WALGA Recommendation

That the Association’s interim submission to the State Government’s Electricity Market Review be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.5 Western Australia’s GST Revenue (05-096-03-0001 PS)

WALGA Recommendation

That the Association advocate to the Federal Government for Western Australia to receive a greater share of GST revenue.

ZONE COMMENT:

It is noted in the “In Brief” comment for this item that “The Association has been asked by some Local Governments to raise the issue of WA’s declining GST share with Federal Members of Parliament”.

Whilst there is no doubt Western Australians generally support equity in the distribution of the GST between the states it is questionable that this is an issue that WALGA should be spending its time on when there are many other issues more directly related to local government that could use the time required to research and present this item.

5.6 A Review of Road Safety Governance in Western Australia (05-009-03-0044 ID)

WALGA Recommendation

That State Council endorse the WALGA Interim Submission for the report titled A Review of Road Safety Governance in Western Australia.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.7 Submission on the Review of Regulated Regular Public Transport Air Routes in Western Australia (05-003-02-0005 MM)

WALGA Recommendation

That State Council endorse the interim submission to the Department of Transport on the ‘Review of Regulated Regular Public Transport Air Routes in Western Australia’.

ZONE COMMENT:

GVROC support WALGA Recommendation.

MEETING COMMENT:

Mr Epis noted that the Shire of Leonora did not support deregulation of air routes. The Shire was advocating for the status quo, that the retention of regulation to ensure that the Shire’s residents had access to air travel.

Mr Deckert advised that the Shire of Laverton was also happy for the status quo to remain in place.

Cr Harris observed that the Shire of Wiluna was still working on obtaining a service. The Shire is awaiting a response from the Department of Transport.

Mayor Yuryevich undertook to make comment on each of the above Councils’ views on this matter.

The Shire of Esperance reported that it had made a submission to the Department of Transport arguing for its routes to remain regulated. Mayor Yuryevich requested from the Shire a copy of its submission.

5.8 Interim Submission to the Productivity Commission - Natural Disaster Funding Arrangement (05-024-03-0033 AH)

WALGA Recommendation

That the submission on the Productivity Commission’s Draft Report on Natural Disaster Funding Arrangements be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

The Executive Officer advised the meeting that the Great Eastern Country Zone had expressed some concerns at changes being recommended that would increase the thresholds in the Natural Disaster Relief and Recovery Arrangements (NDRRA). Currently one of the fundamental elements of the NDRRA is that the Australian Government provides assistance if cumulative state expenditure (on events meeting the small disaster criterion of $240,000) exceeds a certain threshold in a financial year.

The Productivity Commission is proposing to increase the small disaster criterion threshold to $2 million and to also adjust the level of reimbursement to the State. It is felt by the Productivity Commission that the $240,000 small disaster criterion is too low as it captures small, routine events that are unlikely to cause “serious disruption to a community or region”.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Harris

That the submission on the Productivity Commission’s Draft Report on Natural Disaster Funding Arrangements be endorsed subject to WALGA’s response to Draft Recommendation 3.1 being amended to oppose the proposed increase in the small disaster criterion from $240,000 to $2m and any increase in the annual expenditure threshold.

CARRIED

5.9 Interim Submission: Planning and Development (Bushfire Risk Management) Regulations 2014 (05-024-02-0056 CG)

WALGA Recommendation

That the submission to the WA Planning Commission regarding the Planning and Development (Bushfire Risk Management) Regulations 2014 be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.10 Interim Submission: Inquiry Into Mental Health Impacts of FIFO Work Arrangements (05-058-04-0004 CF)

WALGA Recommendation

That the Association’s interim submission in response to Education and Health Standing Committee Inquiry into Mental Health Impacts of FIFO Work Arrangements be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.11 Consultation Paper – Proposal for Caravan Parks and Camping Grounds Legislation – WALGA Submission (05-018-02-0002 JH)

WALGA Recommendation

That State Council endorses the Association’s submission on the Department of Local Government and Communities’ Consultation Paper – Proposal for Caravan Parks and Camping Grounds Legislation.

ZONE COMMENT:

GVROC support WALGA Recommendation.

Mr Deckert advised that the Shire of Laverton had concerns regarding the definition of “camping” believing it to be too narrow. These concerns had been raised with the Department of Local Government and Communities.

Ricky Burges advised that further consultation is expected once all the submissions have been collated by the Department of Local Government and Communities.

5.12 Planning Makes it Happen: Phase Two: Blueprint for Planning Reform (05-036-03-0037 VJ)

WALGA Recommendation

That State Council advise the Minister for Planning and the WA Planning Commission, in regard to the Planning Makes it Happen: Phase Two: Blueprint for Planning Reform, that:

1. Prior to the review of delegation arrangements under the Metropolitan Region Scheme from the WAPC, the Local Government sector should be consulted and all delegation arrangements agreed to;

2. Further discussion is required on the WAPC being the single point of determination of all structure plans during the consultation on the Model Scheme Text and/or General Provisions for Local Planning Schemes Regulations;

3. A commitment is sought to ensure that Local Government will be consulted in the review of delegation arrangements for structure planning delegations;

4. The Local Government sector does not support full Private Certification of Planning Applications, however, if cost benefit analysis is undertaken by the Department of Planning, WALGA and Local Governments must be included in the consultation process;

5. A Guide to Planning Delegations: Development applications is currently being finalised and will be discussed with the Department of Planning and Department of Local Government and Communities to address the reform measure on Local Government planning delegations; and

6. The Department of Planning must be adequately resourced in order to cope with the increase in workload that will result if all of the reform measures are pursued by the WAPC.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.13 Local Government proposal for new 'Application for Compliance' (05-015-02-0002VJ)

WALGA Recommendation

That the Department of Planning and Building Commission be requested to establish a Working Group with WALGA and Local Government representatives to:

· oversee the development of regulations to introduce a new 'Application for Compliance' as part of the Building Permit process, to ensure that building plans are compliant with State Planning Policy 3.1 - Residential Design Codes and/or Local Development Plans endorsed through the Structure Planning Process and/or any other adopted policy of Council; and

· determine an appropriate fee (based on a cost recovery methodology) for this service.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.14 Amendment to State Planning Policy 3.1 – Residential Design Codes – Multiple Dwellings, Parking and Other Incidental Changes (05-015-02-0002 VJ)

WALGA Recommendation

That the interim submission to the WA Planning Commission on the proposed amendments to State Planning Policy 3.1 (Residential Design Codes) for multiple dwellings, parking and other incidental changes be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.15 Termination of the Heritage Loan Subsidy Scheme (06-014-01-0001 JH)

WALGA Recommendation

State Council supports the cessation of the Heritage Loan Subsidy Scheme due to lack of take up by property owners and endorses the CEO's of WALGA and the Heritage Council of Western Australia undertaking the legal and administrative tasks necessary to financially acquit Scheme funds.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.16 Interim Submission: Draft State Planning Policy 2.3 Jandakot Ground Water Protection Policy & Water Quality Protection Note No. 25 (05-036-03-0028 CG)

WALGA Recommendation

That the submission to the WA Planning Commission and the Department of Water on draft State Planning Policy 2.3 - Jandakot Ground Water Protection Policy and Water Quality Protection Note No. 25 be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

5.17 Interim Submission to the Competition Policy Review Draft Report (05-100-03-0001 PS)

WALGA Recommendation

That the Association’s interim submission in response to the Competition Policy Review Draft Report be endorsed.

ZONE COMMENT:

GVROC support WALGA Recommendation.

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: Mr Epis Seconded: Cr Harris

That the Goldfields Voluntary Regional Organisation of Councils endorses all recommendations contained in the WALGA State Council Agenda other than those recommendations separately considered.

CARRIED

4.4 Review of WALGA State Council Agenda - Matters for Noting/Information

6.1 Reform of the Federation (04-001-02-0001 WFS)

6.2 Report Municipal Waste Advisory Council (MWAC) (01-006-03-0008 RNB)

4.5 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)

4.6 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

Cr Goldfinch advised that the last meeting of the Country reform Policy Forum had been postponed. A meeting has been scheduled for February 2015.

Cr Goldfinch expressed concern at the direction the Forum was taken as in his view the policies being considered focussed too heavily on amalgamation. As a matter of urgency he believed the GVROC should put together a policy that expressed the view of its Member Councils.

Consideration was given to holding discussion on this matter at the GVROC Meeting to be held in Esperance on Friday 31 January 2015.

RESOLUTION: Moved: Cr Goldfinch Seconded: Cr Cullen

That GVROC:

1. That the matter of country local government reform be listed for discussion at the GVROC Council meeting scheduled to be held in Esperance on Friday 31 January 2015; and

2. Invite the Minister for Local Government to the GVROC Council Meeting scheduled to be held in Esperance on Friday 31 January 2015

CARRIED

7.2.3 Mining Community Policy Forum

Mayor Yuryevich advised that the last meeting of the Mining Community Policy Forum had been postponed with a new meeting date still to be set.

Member Councils considered whether the Minister for Mines should be invited to the GVROC Council Meeting scheduled for Friday 30 January 2015.

RESOLUTION: Moved: Cr Harris Seconded: Cr Cullen

That the Minister for Mines be invited to the GVROC Council Meetings scheduled to be held in Esperance on Friday 31 January 2015

CARRIED

7.2.4 Container Deposit Legislation Policy Forum

7.2.5 Metropolitan Mayors Policy Forum

4.7 WALGA President’s Report (Attachment)

Presenting the WALGA President’s Report

RECOMMENDATION:

That the Goldfields Voluntary Regional Organisation of Councils notes the:

1. following reports contained in the WALGA State Council Agenda;

§ Matters for noting/Information;

§ Organisational reports;

§ Policy Forum reports; and

2. WALGA President’s Report.

RESOLUTION: Moved: Cr Cullen Seconded: Cr Heasman

That the Goldfields Voluntary Regional Organisation of Councils notes the:

1. following reports contained in the WALGA State Council Agenda;

§ Matters for noting/Information;

§ Organisational reports;

§ Policy Forum reports; and

2. WALGA President’s Report.

CARRIED

5 AGENCY REPORTS

5.1 Department of Local Government and Communities (Attachment)

The Executive Officer has been advised that the Department of Local Government and Communities (the Department) no longer produces the Director General’s Report. The Department, however, has provided the October edition of its Connect e-newsletter as an interim agenda item. A copy of this forms an attachment to the meeting agenda.

RECOMMENDATION:

That the October edition Department of Local Government and Communities e-newsletter Connect be received.

RESOLUTION: Moved: Cr Harris Seconded: Cr Goldfinch

That the October edition Department of Local Government and Communities e-newsletter Connect be received.

CARRIED

6. OTHER BUSINESS

6.1 Country Local Government Reform

Cr Goldfinch reported on the work of the Country Reform Policy Forum. For consistency of reporting this matter has been recorded under Item 7.2.2.

6.2 WALGA Presidency

Mayor Yuryevich advised that he had received details of a motion considered by the South East Metropolitan Zone at its meeting on Wednesday 26 November 2014. The matter has been referred to GVROC for its consideration.

The Executive Officer advised that both the Central Country and Great Eastern Country Zones had received similar requests for the matter to be considered as part of their meeting agendas.

The motion from the South East Metropolitan Zone was as follows:

1. That the South East Metropolitan Zone extend congratulations to Mayor Troy Pickard on his appointment to the ALGA Presidency.

2. The issue of the dual role of WALGA Presidency and ALGA Presidency be considered as an Emerging Issue item at the State Council meeting.

Member Councils considered the request.

RESOLUTION: Moved: Cr Harris Seconded: Cr Goldfinch

1. That the Goldfields Voluntary Regional Organisation of Councils extend congratulations to Mayor Troy Pickard on his appointment to the ALGA Presidency.

2. The issue of the dual role of WALGA Presidency and ALGA Presidency be considered as an Emerging Issue item at the State Council meeting.

CARRIED

7. URGENT BUSINESS as permitted by the Chair

Nil

8. DATE, TIME AND PLACE OF NEXT MEETINGS

An in-person meeting of the GVROC Council is to be held in Esperance on Friday 31 January 2015

9. CLOSURE

There being no further business the Chair declared the meeting closed at 9.20am

DECLARATION

These minutes were confirmed by the Goldfields Voluntary Regional Organisation of Councils at the meeting held 31 January 2015

Signed _______________________________

Person presiding at the meeting at which these minutes were confirmed

Date	Author	Trim Ref.	Submission	Officer Comment
30/10/14	Dick Teasdale	D14/22678	Email – Just leave Thomas River in the hands of DPaW	Presume he means continue with the Management Agreement with DPaW in preference to handing over to WA Conservation Commission.
7/11/14	Yvette Mansted	D14/23443	Email – Sad to lose the option of dogs and campfires. DPaW may restrict access. Leave it as is.	Reserve surrounded by National Park managed by DPaW. DPaW can restrict access regardless of management control over campsite. Dogs not permitted in National Parks. Camp site and beach can only be accessed by driving through National Park
7/11/14	Kerry Rowe	D14/23467	Email - Do not pass control of Thomas River campsite. DPaW too heavily regulated. People wish to take pets on holidays.	Dogs not permitted in National Parks. Camp site and beach can only be access by driving through National Park
8/11/14	MJ Andre	D14/23494	Letter - Totally opposed to handing control to National Parks. Wants to retain campfires and large group campsites. Dogs are not an issue as they spend most of their time up the beach fishing and not in campsite. Supports renewal of Management Agreement with DPaW DPaW may close camp ground if it is annexed into the National Park	Dogs not permitted in National Parks. Beach is part of National Park. Renewal of Management Agreement makes shire responsible for replacement of campsite infrastructure. Prudent management by a conservation body may result in closure of environmentally sensitive campsites or relocation of infrastructure.
12/11/14	Fud Mackenzie	D14/23687	Email -The only consideration should be to retain the large campsites for group camping.	Presume he is not concerned over ownership or management responsibility.
18/11/14	Debra Giles	D14/24129	Does not support Shire handing control to National Parks. Wants to protect right to have camp fires during winter whale season for warmth and cooking. Does not support spending money on “flash” toilets and camp kitchens. One more Rota-Loo would suffice.	Toilet facilities are substandard and require upgrade. The Rota-Loo systems do not cope well with large crowds. No fires are permitted by the shire between 1^st November and 31^st March.
19/11/14	John Bridges	D14/24160	Does not support Shire handing control to National Parks. Wishes to preserve right to have campfires.
19/11/14	Madison Giles	D14/24233	Does not support Shire handing control to National Parks. Wishes to preserve right to have campfires.
19/11/14	HM Dellaca	D14/24234	Does not support Shire handing control to National Parks. DPaW provide too much infrastructure and do not maintain roads.	Shire has no control over condition of road access. Access to reserve 518 is through National Park.

Monthly Report November 2014 Area	Comments
Playgrounds	All playgrounds were inspected during the month as per the inspection schedule, with maintenance carried out as required. Quarterly Operational Inspections were conducted on satellite town playgrounds.
Mowing	Council ovals and reserves were serviced as per the maintenance schedule, along with some major arterial road verges.
Irrigation	All irrigation systems are currently operating at a water budget of 75%, and will be increased to 100% in December as part of compliance with ground water licence allocations. The Rainman irrigation controller for Gibson Football Oval has been repaired after sustaining damage from a lightening strike. Repairs were made to the SSWS pump, and works commenced in preparation to upgrade the SSWS control system to Rainman to better monitor ground water resources and comply with Department of Water licence conditions. A new pump was installed at the Cemetery after the previous one failed, and the system is fully operational again.
Landscaped Areas	Inspections were conducted on some significant trees within the town site by a qualified arborist due to evidence of decline and some stem failures. Works are scheduled to minimise any risk of harm, and Council takes all reasonable steps to preserve trees. Follow up spraying is being conducted on all town streets.

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)

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

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

a.	Information Bulletin - December 2014
b.	Interplan Report - Under Separate Cover
c.	Minutes - GVROC - 28 November 2014
d.	EDRA AGM Minutes 2014