Ordinary Council: Agenda
16 December 2014 Page 1
15 December 2014
Shire of Esperance
Ordinary Council
Supplementary Items
Ordinary Council: Agenda
16 December 2014 Page 1
15 December 2014
Shire of Esperance
Ordinary Council
Supplementary Items
Ordinary Council: Agenda
16 December 2014 Page 4
16. URGENT BUSINESS APPROVED BY DECISION
Taylor Street Jetty Cafe - Proposed Tavern Restricted Licence and Restaurant
|
Author/s |
Richard Hindley |
Executive Manager - Statutory Division |
|
|
Peter Stanley |
Planning Services Coordinator |
|
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
|
|
Richard Hindley |
Executive Manager - Statutory Division |
File Ref: D14/24769
Applicant
Taylor Street Jetty Cafe
Location/Address
The application site - portion of Reserve 28207 (Lot 1027, Pln. 31503), is located on land managed by the Esperance Port Authority on The Esplanade opposite its intersection with Taylor Street.
Executive Summary
To consider and determine an application for planning approval from the owners of the Taylor Street Jetty Cafe to convert the current licensed restaurant with a liquor without a meal permit, to a Tavern (Restricted) and café/restaurant.
Recommendation in Brief
That Council approve Development Application 10.2014.2712.1 for a Tavern (Restricted) and restaurant at Lot 1027 Pln. 31503, The Esplanade, Esperance, subject to conditions.
Background
The application site (part of Lot 1027 Pln. 31503) is zoned Parks, Recreation and Conservation – Local. Part 3 of the Scheme provides that a person must not use or develop a local reserve without first having obtained planning approval under Part 9.
The proposal is to convert the current restaurant licence to a Restricted Tavern license under clause 41(1)( c) of the Liquor Control Act 1988, which authorises the sale and supply of liquor for consumption on the premises. The application states that the business will continue to offer food as a café/ restaurant. The applicant has submitted that apart from minor building works to meet Class 9b standards under the BCA, no new development is proposed. In effect the Café will operate in much the same way as it already does except that the method of serving liquor will change.
The application is supported by the Esperance Port Authority. The Café holds a lease over the application site which has an area of 2,543m2 together with an additional vehicle access easement of 501m2 (refer page 18 of the application report).
At the Ordinary Council Meeting held on 25th November 2014, Council resolved (O114-006):
That Council require notice under Clause 9.4.2 of Local Planning Scheme No. 23 to be given of Development Application 10.2014.2712.1 in accordance with Clause 9.4.3 of Local Planning Scheme No. 23 for a Tavern (Restricted) and Restaurant and refer back to Council for the consideration of submissions and determination of the application at Reserve 28207 (Lot 1027 Pln. 31503) The Esplanade, Esperance.
Subsequent to this resolution the proposed development was advertised from 28th November 2014 and 12th December 2014. At the closure of the advertising period 238 submissions were received, 234 being a signed pro forma letter supporting the proposal, 3 letters of support and 1 letter seeking clarification on what was proposed.
The application (refer Attachment A) was originally supported by a report and a number of plans. Following further discussions and a request for further information from Shire officers, the applicant provided additional information in letter form to support the application (refer Attachment B). In addition, a plan was provided that delineate the extent of the bar, restaurant or deck areas that are used in the capacity calculation made by JMG Building Surveyors (Attachment C). For convenience the applicant has updated the application report to incorporate the additional information (Attachment D).
Officer’s Comment
The application is for a Tavern (Restricted) License which will allow the sale and supply of liquor for consumption on the premises to unseated patrons. This change in license triggers a change in use to a ‘Tavern’ defined in the Scheme as “premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises.” Therefore planning approval is required.
Clause 3.3.2 of LPS 23 provides that in determining an application for planning approval the local government is to have due regard to –
“(a) the matters set out in clause 10.2; and
(b) the ultimate purpose intended for the Reserve.”
Section 10.2 of the Scheme makes reference to “the ultimate purpose intended for the Reserve.” In this case, the purpose of the reserve is “harbour purposes and other purposes within the functions and powers of a port authority under the Port Authorities Act 1999.” Clause 27A of the Port Authorities Act 1999 allows a port authority to grant easements, leases or licenses in respect of port land for any purposes the port authority thinks fit. The Esperance Port Authority, acting in a manner consistent with its functions and powers under the Port Authorities Act 1999, has granted a lease over the application site to the Café and supports the proposed tavern. The Council can be satisfied that the proposed tavern is compatible with the ultimate purpose intended for the Reserve
Section 10.2 of the Scheme provides a generic list of matters to be considered when considering an application for planning approval. In consideration of those matters the following issues have been identified and assessment comments provided.
Noise/entertainment
Restaurant licenses allow ambient music provided that they are compatible with the main focus of a restaurant for the supply and sale of meals. Tavern licenses can allow live and potentially amplified music with no need to focus on any conflict with the service of food.
The Cafe has in recent years operated live (sometimes amplified) music. The bands typically operate from the outdoor stage and if it rains from the sheltered decks. The application report states that there have been no recorded complaints (pages 11 and 12 of the application report). There are no details in the application about the nature of the live music other than a comment about “small bands”. The applicant has provided a copy of the Café’s Noise Management Strategy to support the application (refer Attachment E).
Since the live music will likely be located outside of the building there is a potential for noise problems. Guidelines (for example the WALGA Local Government Alcohol Management Package and local Planning Polices from other local governments) suggest that a 100 metre separation from residential areas is a potential threshold for potential noise issues noting however that the distance at which noise could become a problem is dependent on a number of factors including the level of amplification, the duration of the music, the time of day, the noise mitigating structures and contours in the locality, and the climatic conditions. In this case, the nearest dwelling on The Esplanade is approximately 200 metres from the Café, which is well outside the guidelines.
In the circumstances of this site and this application, it is considered that noise management can be effectively addressed as issues arise through the operation of the Environmental Protection (Noise) Regulations 1997 by authorised Environmental Health Officers of the Shire, and if necessary by the Police using the 'unreasonable noise' provisions of the Environmental Protection Act 1986. The Director Liquor Licensing Division also has power to deal with noise issues and anti-social behavior under clause 117 of the Liquor Control Act 1988. To support this approach however, it is considered that a condition should be imposed requiring an acoustic report to be submitted prior to the use commencing. This will provide Council officers with ambient noise levels, indications of potential noise issues, and the applicant’s proposed mitigation measures. Such a requirement is also typically imposed as a condition of liquor licenses by the Department of Racing, Gaming and Liquor (DRGL).
Capacity
Capacity limits are set under the Health (Public Buildings) Regulations 1992 from calculations based on floor area, sanitary facilities, and exits. Some Councils rely on Health Regulations to limit the capacity of licensed premises whilst others also impose development approval conditions. Some Councils have a clear policy on capacity limits stated through Local Planning Policies.
The current restaurant is not a public building and does not have any capacity conditions either under Health Regulations or under development approval conditions. The applicant has advised however that when a special event license was granted by DRGL for New Years Eve 2013, the capacity limit was set by DRGL at 300 persons. The applicant has calculated a capacity limit for the proposed tavern of 300 persons that is determined by the sanitary facilities (refer to page 6 and 7 of the application report). This is the same capacity as the current restaurant.
The applicant has advised that the numbers of patrons are typically at their highest on a pleasant summer’s day on a weekend when live music is on, perhaps hitting 140-160 patrons. Having the capacity set at 300 allows the business to accommodate larger and community events from time to time.
To emphasize that no new development or capacity increase is proposed, the applicant has offered to limit the capacity of the proposed tavern to 300 persons (refer Attachment B). This approach is supported and can be implemented as a condition on the development approval and reinforced through the Section 40 Certificate (Liquor Control Act 1988) required to be completed by the Shire once the development approval is issued as part of the liquor licensing process.
Licensed Area
The current licensed area includes indoor and outside areas. The application proposes to increase the footprint of the license to include additional lawn area extending up to the garden wall adjacent to the small foreshore park (page 10, 19 and 20 of the application report). The proposed extension will not increase the capacity of the premises which is limited by the sanitary facilities and is considered to be acceptable provided that a barrier is provided to separate the licensed area from adjoining land for public safety reasons. The applicant’s proposals in this regard are set out in the additional information response (refer Attachment B). These proposals should be reinforced by a planning approval condition.
Hours of Operation
DRGL set the permitted trading hours for licensed venues under the Liquor Control Act 1988. The Shire may require alternative trading hours that are more stringent than the permitted trading hours. Trading hours may be restricted for example in order to protect existing residential amenity particularly in relation to noise.
The application report (page 9) advises the permitted trading hours and states that is most likely that the Cafe will continue to operate with its current hours of operation of 7 am to 9 pm Monday to Sunday but increased in the summertime if patronage demands.
Given the approach recommended for the management of noise, and the fact that the public will be able to make submissions on matters such as operating hours to the DRGL as part of the liquor licensing process, it is considered that the most appropriate approach is for the operating hours not to be restricted by a planning approval condition. There was also concern over the number of liquor outlets in town.
Car parking
The Scheme requires car parking for taverns at a rate of 1 per 10m2 of bar and lounge areas, 1 per 4m2 of restaurant areas. Based on the floor areas provided by the applicant (Attachment C) the bar area is 11m2 requiring 1 car park. The restaurant area is stated as 90m2 requiring 22 parks. The decking is 229m2 requiring 23 car parks calculated at the lounge rate or 57 spaces calculated at the restaurant rate. Depending on whether the decking is calculated at the lounge rate or the restaurant rate, the total parking requirement is 46 or 80.
The restaurant extensions were approved by the Shire in June 1998. At that time the assessment was that the restaurant needed 85 spaces. This requirement was waived as it was determined that there was in excess of 85 spaces within the Port land and there was a degree of sharing and different demand times.
A count of the parking area indicates that there are approximately 80 marked parking spaces plus areas for informal parking. There are also approximately 23 parking spaces in the reserve adjacent to The Esplanade opposite the Esperance Bay Yacht Club. It would appear that in general terms there are sufficient parking spaces in the locality to cater for the demand from the proposed tavern. It is also considered that the different uses in the precinct exhibit different demand times for parking spaces.
This is a unique situation where the leased area of the application site within the Port land does not have road frontage and the parking for the current Cafe and the proposed tavern is on Port land. The assessed parking requirement for the proposed tavern is less than approved in 1998. It is concluded therefore that no additional parking is required.
The Council will however need to be assured that the parking spaces within the Port land will continue to be made available by the Esperance Port Authority to service the proposed tavern. The same assurance should be sought that the proposed tavern will continue to be provided with vehicle access for patrons and service vehicles to the leased area for the Café from The Esplanade.
Consultation
The proposed development was advertised from 28th November 2014 and 12th December 2014. At the closure of the advertising period 238 submissions were received, 234 being a signed pro forma letter (as per Attachment F) supporting the proposal, 3 letters of support and 1 letter seeking clarification and objecting to the proposal.
The clarification sought was what the ‘Restricted’ meant in terms of the application. The term relates to the ability to sell and supply liquor for consumption on the premise but it restricts the sale by not allowing the sale or supply of liquor off the licenced premise. This submission also objected to the number of licenced premises’ that were able to serve alcohol.
The proposal will be subject to the full mandatory notification procedures of the Liquor Control Act 1988.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
The statutory implications arising from this report are:
· Planning and Development Act 2005
· 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.
Environmental Considerations
Nil.
|
a. |
Application for Planning Approval |
|
|
b. |
Additional Information |
|
|
c. |
Capacity Calculations Drawing |
|
|
d. |
Application Report - Under Separate Cover |
|
|
e. |
Noise Management Strategy |
|
|
f. |
Proforma Submission Template - Support |
|
|
g. |
Submission - Support - Rowe |
|
|
h. |
Submission - Objection - May |
|
|
i. |
Submission - Support - Robb |
|
|
j. |
Submission - Support - Brown |
|
|
That Council approve Development Application 10.2014.2712.1 for a Tavern (Restricted) and restaurant at Lot 1027 Pln. 31503, The Esplanade, Esperance, subject to the following conditions: 1. The land and buildings the subject of this approval shall be used for the purposes of Tavern and a Restaurant only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer attached definition as extracted from Schedule 1 – Definitions of LPS 23). ‘Restaurant’ means “premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988”; ‘Tavern’ means “premises licensed as a tavern under the Liquor Licensing Act 1988 and used to sell liquor for consumption on the premises”. 2. The 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). 3. The capacity of the venue must not exceed 300 patrons. 4. Any entertainment provided on the licensed premises shall not produce excessive noise likely to disturb, annoy or inconvenience nearby residents, other business proprietors and other users of the locality. 5. Prior to the commencement of the use, an acoustic report, prepared by a suitably qualified acoustic consultant (as determined by the Shire) shall be submitted to the Shire that: a. Assesses the noise environment affecting the application site; b. Provides an assessment of the likely noise emissions from the site; c. Demonstrates how the proposed tavern will be operated so as to minimise the effects of noise emissions from the site and comply with the Environmental Protection (Noise) Regulations 1997. 6. A low impact barrier and appropriate signage is provided to separate the licensed area from adjoining land to the satisfaction of the Shire of Esperance (Planning Services). 7. The approved development shall be connected to an approved effluent disposal system prior to commencement of the use to the satisfaction of the Shire of Esperance (Environmental Health Services). 8. All delivery vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site. 9. A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services). 10. Prior to the commencement of the use, written confirmation shall be provided to the satisfaction of the Shire of Esperance (Planning Services) that the Tavern (Restricted) and restaurant will continue to be provided with legal and physical access over Port land (Lot 1027 Pln. 31503) from The Esplanade. 11. Prior to the commencement of the use, written confirmation shall be provided to the satisfaction of the Shire of Esperance (Planning Services) that the Tavern (Restricted) and restaurant will continue to be provided with legal and physical access to no less than 80 marked parking spaces within Port land (Reserve 28207 (Lot 1027 Pln. 31503)) from The Esplanade. And the following advice notes: 1. THIS IS NOT A BUILDING PERMIT. In accordance with the provisions of the Building Act 2011, an application for a building permit may be required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site. 2. The approved use/development is required to comply with the Health (Public Buildings) Regulations, 1992. 3. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing. 4. The developer is to liaise with Shire of Esperance (Development Compliance) to determine if any signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such. 5. An application for Certificate of Approval under s.178 of the Health Act 1911 must be submitted and approved by the Shire of Esperance (Environmental Health Services) prior to the commencement of operations. 6. The approved development is required to comply with the following legislation (as amended from time to time): · Health Act 1911 · Shire of Esperance Health Local Law · Occupational Safety and Health Regulations 1996 · Sewerage (Lighting, Ventilation & Construction) Regulations 1971 · Environmental Protection (Noise) Regulations 1997 · Food Act 2008, Food Regulations 2009, and the Australian New Zealand Food Standards Code. · Health (Smoking in Enclosed Public Places) Regulations 1999 · Tobacco Products Control Act 2006 7. The approved use/development is to comply with the requirements of the Food Act 2008 8. In accordance with the provisions of the Food Act 2008 and the Australian New Zealand Food Standards Code, an application to register the food business hereby permitted must be submitted and approved by the Shire of Esperance (Environmental Health Services) prior to the commencement of operations. 9. In accordance with the provisions of the Liquor Licensing Act 1988, an application for a liquor licence must be submitted to, and approval granted by the Department of Racing, Gaming and Liquor prior to the commencement of the use.
Voting Requirement Simple Majority
|
16 December 2014 Page 23
Tender 11-14 Design & Construct Esperance Skate Park
|
Author/s |
Amelia Rolton |
Personal Assistant - Asset Management |
|
Authorisor/s |
Gavin Harris |
Director Asset Management |
|
|
Matthew Scott |
Chief Executive Officer |
File Ref: D14/24623
Applicant
Asset Management
Location/Address
To be determined.
Executive Summary
This report recommends the awarding of the design and construction of the Esperance skate park tender.
Recommendation in Brief
That Council award Tender 1114 Design & Construct Esperance Skate Park to Convic at a total cost of $850,000 (ex GST).
Background
The Shire of Esperance Skate Park Facility was constructed approximately 20 years ago and has reached the end of its useful life. When established the Esperance Skate Park was intended to provide the community of Esperance with a suitable skate park facility, however despite regular maintenance, signs of wear and tear associated with the age of the skate park are now apparent along with suggestion by Convic that the skate park’s design may no longer be functional from a best practice point of view.
In May 2013 LGIS conducted a Risk Assessment of the Esperance Skate Park, one treatment option is to redevelop or replace the Skate Park. It was outlined that the Shire would need to undergo a process of engaging stakeholders to determine the need for a skate park and association infrastructure, the suitability of the current versus alternative locations and potential sources of funding.
Submissions were called for Tender 1114 for the Design & Construct Esperance Skate Park Facility with a closing time of 2.30pm, Friday 28 November 2014. Using the WALGA E-Quotes system three (3) suppliers were invited to submit a Tender with only two (2) suppliers downloading documents, with one (1) tender being received. Should we have received multiple tenders, an evaluation panel would have individually read and assessed the tender submissions based on the following weighted matrix;
|
Criteria |
Weighting |
|
Relevant Experience |
50% |
|
Key Personnel Skills and Experience |
25% |
|
Demonstrated Understanding |
25% |
The assessment matrix allows the tenders / quotations to be evaluated in an unbiased manner where by the supplier with the highest overall points may be considered to be the most advantageous quotation. This is to be used as a guide only during the assessment and is not necessarily binding.
Officer’s Comment
Shire staff prepared the tender documentation with the intention that contractors would complete the Esperance Skate Facility project in three phases, Community Consultation, Design and Construction. The tender document also allowed for conceptual design works for a stage 2 of the facility being a BMX trick area that could be added at a later date.
Even though only one tender was received, Convic meet the Shire requirement and provided the following information to address the selection criteria –
Relevant Experience – Convic have an extensive list of works undertaken around Australia in the development of skateparks and youth precincts. Recent projects have included –
· Fremantle Esplanade Youth Plaza $1,600,000
· Collie Skate Plaza $1,200,000
· Tom Price Skate Park $700,000
· Roebourne Skatescape (Stage 1) $520,000
· Joondalup Skate Park $440,000
The above costs are for the complete skate area including any ancillary infrastructure such as soft and hard landscaping, services and other activities such as a Parkour circuit at Fremantle. Convic are also currently working on the Port Hedland Youth Precinct and have undertaken major skate facilities at Geelong, St Kilda and the Cairns Esplanade Youth Plaza.
There is a significant amount of consultation from site selection through to design and Convic offers the following comment –
“Convic is well versed in bridging the gap between client, stakeholder, community and designer. As part of the design process for youth and community recreation facilities, CONVIC undertakes community and user group workshops to ensure the final design reflects community aspirations, social concerns and user requirements, emphasising the strength of the collaborative process.
The basis of a consultation plan is to clearly identify the key stakeholders, users and community groups with vested interest in the space. We work closely with the client in formulating
approaches and means of using current communication resources to engage with the stakeholders and broader community. This will include for this project workshops, meetings and forums with client representatives and stakeholders, questionnaires, promotion on client website, open days with display boards at cultural and community events and at the site itself.
All key stakeholders will be invited to participate in the consultative process and be encouraged to engage with and constructively inform the strategy. This process will include both internal stakeholders and external stakeholders, including community and government bodies. This stage will adopt the ‘World Cafe’ Process of consultation to illicit the maximum outcome from the consultation via a well constructed and directed method of engagement.
Key Personal Skills and Experience – “The design team is led by Nick Loschiavo with more than 20 years Landscape Architecture experience. He is supported by an energetic team of six, all with diverse and individual experience in landscape architecture, recreational infrastructure, sports facility planning and youth space design.
The design team operate in a fully resourced studio and work to exacting professional standards in line with the requirements of the Australian Institute of Landscape Architects. This includes a commitment to design excellence, technical documentation & overall project management to stringent quality standards and meeting client expectations and requirements.”
Demonstrated Understanding – The methodology is a confidential attachment. As can be seen from the methodology it is a comprehensive approach that should meet all of the Shires requirements.
The Convic design team has designed over 600 youth focused spaces in Australia and Worldwide winning multiple design awards. Convic has delivered hundreds of skateparks across Australia from their Melbourne office, and aim to employ local resources wherever possible.
A full maintenance schedule will be provided post construction, providing clear maintenance guidelines for maximum longevity of the facility, further allowing the council to budget on-going maintenance.
Convic offer a program commencing in February 2015 with a completion date of 30 September 2015, this includes time required for Council reviews, hold points, sign-offs, approval and community workshops.
Consultation
Nil
Financial Implications
Council resolved at its Special Council Meeting 30 September 2014 to –
Enter into a Financial Assistance Agreement with the State Government to undertake the following projects with its the 2012/13 Country Local Government Fund allocation –
· $687,727 for a new Skate Park Facility
· $250,000 for the James Street Playground
This together with an allocation of $30,000 for skatepark concept designs means there is currently an allocation $717,727 for the construction of a new skate park in Esperance.
The long term financial plan identified a budget allocation of $700,000 in the 2015/16 financial year with $350,000 allocated from the Priority Projects reserve and $350,000 from an external source such as grant funds.
Officers believe to ensure we get best value that an amount of $150,000 should be allowed in the 2015/16 budget to ensure that ancillary items such as shelter, seating, landscaping, lighting/power and reticulation are funded external to the $717,727 for the skate park. This would give a total of $867,727 for the provision of the skate park and associated infrastructure. As the completion of the project is currently scheduled for 30 September 2015 it is not envisaged that the $150,000 will need to be expended in the current financial year.
Asset Management Implications
|
|
Capital |
Annual |
Comments |
|
Capital |
850,000 |
|
|
|
Interest (economic cost) |
|
34,000 |
4% pa |
|
Depreciation (ongoing costs) |
|
42,500 |
Over 20 years |
|
Maintenance (ongoing cost) |
|
20,000 |
Including operational costs |
|
Total |
|
96,500 |
Per year |
Statutory Implications
Section 3.57 of the Local Government Act 1995 and Part 4 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012 – 2022
Social
1.1 Create a social environment that is accessible and inclusive for all ages and abilities
1.6 Develop and promote active and passive sport and recreation opportunities for all ages
Economic
3.2 Ensure essential services and infrastructure are aligned to community needs now and in the future
Environmental Considerations
Nil
|
a. |
Esperance Skate Park Facility - CONVIC - Methodology - Confidential |
|
|
b. |
Esperance Skate Park - Price Information - CONVIC - Confidential |
|
|
That Council,
1. Allocate $150,000 in the 2015/16 budget from the Priority Project Reserve. 2. Award Tender 1114 Design & Construct Esperance Skate Park to Convic at a total cost of $850,000 (ex GST). Voting Requirement Simple Majority
|
Ordinary Council: Agenda
16 December 2014 Page 27
Tender 12-14 - Street Sweeping Service
|
Author/s |
Amelia Rolton |
Personal Assistant - Asset Management |
|
Authorisor/s |
Gavin Harris |
Director Asset Management |
File Ref: D14/25835
Applicant
Asset Management
Location/Address
N/A
Executive Summary
This report provides Council with details of the submissions received from Tenderers offering Street Sweeping Services.
Recommendation in Brief
That Council award Tender 1214 Street Sweeping Service to Environmental Services (WA) Pty Ltd as per the rates submitted.
Background
Currently the Shire has two street sweeping contractors on the preferred tenderers list, both companies are local. The Shire does not contract out sufficient street sweeping work to engage both contractors.
Section 3.57 of the Local Government Act 1995 and Division 2 of the Local Government (Functions and General) Regulations 1996 state, amongst other requirements, that tenders are to be invited if the supply of goods or services is expected to be higher than $100,000 per annum.
Submissions were called for Tender 1214 for Street Sweeping Service, with a closing time of 2.30pm, Monday 8 December 2014 with one (1) tender being received.
Officer’s Comment
Shoudl more than one tender be received then they would be assessed on the following weighted matrix;
|
Criteria |
Weighting |
|
Price tendered |
50% |
|
Relevant Experience |
20% |
|
Key Personnel Skills and Experience |
5% |
|
Tenderer’s Resources |
5% |
|
Demonstrated Understanding |
20% |
Generally the assessment matrix allows the tenders to be evaluated in an unbiased manner. The tenderer with the highest overall score may be considered to be the most advantageous tender. This is used as a guide only during the assessment and is not necessarily binding on Council. As there was only one submission received a combined score for the tender was not determined from the individual assessment due to this process being used to prioritise multiple tenders.
A summary of the tender submission follows –
Environmental Services (WA)Pty Ltd –
Environmental Services (WA) Pty Ltd is one of the current contractors currently engaged by the Shire of Esperance to carry out the service of Street Sweeping. Environmental Services (WA) Pty Ltd is a local based company established in February 1998. Environmental Services (WA) Pty Ltd operates 24 hours a day 7 days a week with over 24 years experience in the Sweeping Industry. Environmental Services (WA) Pty Ltd has sufficient experience and was engaged to assist with the construction of the Port Access Corridor contracted by John Holland. Environmental Services (WA) Pty Ltd has also completed work for Southern Ports Authority – Port of Esperance, Corporative Bulk Handling (CBH), other regional Shires including Lake Grace, Dundas and Corrigin.
Environmental Services (WA) Pty Ltd has three experienced key personnel to meet the requirements of the request for tender and is supported by a loyal, reliable and experienced team, combined with sufficient plant, equipment and materials to support their tender application. Environmental Services (WA) Pty Ltd has a Health and Safety Policy and adheres to the requirements of the Occupational Safety and Health Act 1984, Occupational Safety and health Regulations 1996 and the Code of Practice for Safety and Health.
Environmental Services (WA) Pty Ltd has a full understanding of the Scope of Works as stated in the tender document and have carried out similar work for the past 24 years for the Shire of Esperance. Environmental Services (WA) Pty Ltd meets the current contract requirements by following a timeline to provide the best possible service to the Shire of Esperance and ratepayers.
The rate submitted is an increase on the current panel contract price.
Consultation
Nil
Financial Implications
Costs for street sweeping are included within the annual urban street maintenance budget.
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995, Section 3.57 and Local Government (Functions and General) Regulations 1996, Division 2.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2012-2022
Economic
3.5 Maintain the Shire’s robust asset management practice and maintenance programs
Civic Leadership
4.2 Maintain a clear, transparent and ethical decision making process
Environmental Considerations
N/A
|
a. |
Confidential - Schedule of Rates - Confidential |
|
|
That Council award Tender 1214 Street Sweeping Service to Environmental Services (WA) Pty Ltd as per the rates detailed in the attachment “Schedule of Rates”. Voting Requirement Simple Majority
|
Ordinary Council: Agenda
16 December 2014 Page 30
Events Permit - New Years Eve Fireworks
|
Author/s |
Matthew Scott |
Chief Executive Officer |
|
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D14/25928
Applicant
Esperance Bay Rotary Club
Location/Address
Esperance Foreshore
Executive Summary
For Council to consider endorsing the attached Events Permit for a New Years Eve Fireworks Event to be held on the Esperance Foreshore, organised by the Esperance Bay Rotary Club.
Recommendation in Brief
That Council ratify the attached Events Permit to the Esperance Bay Rotary Club, for a New Years Eve Fireworks Event held on the Esperance Foreshore on the 31 December 2014.
Background
On the 25 August 2014, the Shire received an Event Permit Application from the Esperance Bay Rotary Club (Esperance Bay) to hold a New Years Eve Fireworks Event, based on the Esperance Foreshore. After three (3) months of requests for further information and clarification regarding the event (ie event management plan, site plan, etc), on 3 December 2014, with the assistance of Shire staff, the events management plan was completed to a standard that an events permit could be issued.
During the course of developing the event plan, it has become apparent that this event contains a number of unknown factors (or risks), as compared to other events coordinated or managed either by the Shire or other community groups, including:
1) Inexperience in organising large scale public events
2) Night Event;
3) Uncertainty as to likely attendance numbers;
4) Nature of New Years Eve events;
5) Recently upgraded foreshore, with soft landscaping elements still being established; and
6) Ongoing contractual arrangements with principal contractor (including a defect/maintenance period).
As a result of the these factors, the Shire has strongly advocated that this event should be postponed until 2015, at which time the foreshore redevelopment will be completed, any contract obligations associated with the foreshore will be extinguished, and the Shire can provide resources over the next 12 months to properly coordinate this type of event (significantly reducing or removing many of these risks).
Despite this view, Shire resources have had to be utilized to develop a detailed risk management plan to manage these unknown factors. The Shire has also sourced legal advice (attached under confidential cover) on how to ensure this event does not compromise the ongoing development works at the Foreshore.
On 3 December 2014, an Esperance Bay representative was advised the Shire was at a point a permit could be issued (including the value of the Bond), and on 9 December 2014, a conditional events permit was formally issued to Esperance Bay (attached). Given the conditions attached to the permit, Council is requested to ratify the Event Permit.
Officer’s Comment
The Shire Administration agrees that having a fireworks event to celebrate New Years Eve is a fantastic idea. However, organising such an event that could attract 1000’s of people to watch the event, especially given the attraction of the recently completed Esperance Waterfront, involves considerable time, planning and coordination. This type of event has not been held in Esperance in recent memory, and therefore there are additional unknown factors (or risks) that must be mitigated or managed to ensure all participants have a safe experience, and public assets are adequately protected. Likewise there are various standards and regulations that dictate how public events can occur, to help prevent these risks being realized.
In approving a public event, Shire staff have had to balance the enthusiasm associated with holding and attending a potential great event and the real potential of loss and/or injury in having large groups of individuals in a relative small space. Even with the Shire’s experience in running events, underestimates are made, and issues occur. At the recent Foreshore Opening, problems associated with lack of rubbish bins and blocked toilets have been acknowledged and corrective procedures have now been developed to prevent this from reoccurring at future events. Given that even the Shire can still make mistakes, it is not unreasonable for the Shire to require additional assurances and confidence from event organisors (ie Esperance Bay) that all reasonable steps are being taken to ensure the safety of the general public and the protection public assets.
In order to achieve this, the event permit includes various conditions, including the requirement for a $50,000 refundable bond (or bank guarantee). In general, a bond is a normal requirement associated with using a facility for either a private or public function or event. The purpose of the bond is to ensure the event organizer takes all reasonable precautions to prevent loss and/or damage caused during the event, and so that the facility owner can make immediate repairs, should damage occur as a consequence of the event (despite these reasonable precautions). The likelihood of damage or loss occurring is directly correlated with the level of planning and controls associated with the event. Though never anticipated, there are numerous cases in history, where despite the very best planning, unfortunate events occur; a bond provides protection and security to the facility owner (in this case the Shire, and ultimately the ratepayer).
As with any refundable bond, this bond is fully refundable (potentially immediately after the event) if no loss or damage is incurred. Likewise bond requirements for Community groups are generally considerable lower than those attached with private or commercial functions. As Council is aware this principle has been observed in this case. It should be noted the bond can take the form of a bank guarantee, which would require no actual or physical transfer of cash, and is easily organized through any bank or financial institution.
The Shire Administration is aware that $50,000 is a sizable amount, however this needs to be compared with the current value (both in cost and amenity to the community) of the Esperance Waterfront, and whether the Council (and therefore the community) is prepared to risk waiting for an insurance claim to be assessed and accepted, prior to any damage or loss being rectified.
Subsequent to the issue of the current events permit, there has been representation from the Esperance Bay Rotary Club, to the Shire President, Deputy President and CEO concerning permit conditions (including the Bond). Council has the discretion to modify or amend the events permit, should they feel there is an appropriate alternative method of surety and security available.
Consultation
Esperance Bay Rotary Club
McLeods Lawyers and Solicitors
Financial Implications
Though this is not a Shire of Esperance event, the Shire has already spent considerable staff time in developing an acceptable event management plan. Shire staff will be required to prepare the Foreshore, prior to the event (erect barriers around dunes, etc) and attend pre and post event inspections. Given that following day is a public holiday, penalty rates will be incurred should staff resources be required (and available) to restore the waterfront after the event. The tendered value of the landscaping component of the waterfront redevelopment is $13,034,870 (ex GST), and therefore the requested bond ($50,000) equates to 0.38% of this value.
Asset Management Implications
The Esperance waterfront was only officially opened several weeks ago, and therefore the waterfront is considered to be in pristine condition. The event management plan identifies how the waterfront will be protected during the event. The event plan also requires a pre and post event inspection, including Shire and Esperance Bay representatives to identify any damage caused by the event. The principal landscaper (Sime’s) will be responsible for any repairs or restoration works to maintain the quality of works that exist on the Waterfront.
Statutory Implications
Local Government Act 1995
Section 2.7 Role of Council
Policy Implications
CORP 005: Recreational Activities along Council Foreshore
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
Corporate Business Plan 2013/2014 – 2016/2017
4.5.1.9 Develop and implement risk management system
Environmental Considerations
Nil
|
a. |
Event Risk Management Plan - Rotary New Years Eve Fireworks Display - 2014/12/31 |
|
|
b. |
Permit - New Years Eve Fireworks - Rotary Club of Esperance Bay - 2014/12/31 |
|
|
c. |
Site Plan - Rotary New Years Eve Fireworks Display - 2014/12/31 |
|
|
d. |
Legal Advice - McLeods - Fireworks - 2014/11/27 - Under Separate Cover |
|
|
That Council ratify the attached Events Permit to the Esperance Bay Rotary Club, for a New Years Eve Fireworks Event held on the Esperance Foreshore on the 31 December 2014. Voting Requirement Simple Majority
|
