Ordinary Council: Agenda

28 April 2015 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

28 April 2015 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 April 2015

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

Mr T Ayres Executive Manager - Commercial 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 24 March 2015, and the Special Council Meeting of the 14 April 2015 be confirmed as true and correct records.

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

Local Planning Policy - Planning Compliance

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

File Ref: D15/6734

Applicant

Internal (Statutory Division)

Location/Address

N/A

Executive Summary

For Council to consider the adoption of the Local Planning Policy – Planning Compliance under Clause 2.4.2 of Local Planning Scheme No. 23.

Recommendation in Brief

That Council adopt the Local Planning Policy – Planning Compliance without modification in accordance with Clause 2.4.2 (b) of Local Planning Scheme No. 23 as per Attachment A.

Background

The Shire has recently started to focus on unauthorised and/or non compliant land uses and development both in terms of the conditions of approval or the absence of a valid planning approval.

At the December 2014 Ordinary Meeting of Council it was resolved (O1114-016):

That Council prepare the Planning Compliance – Local Planning Policy in accordance with Clause 2.4 of Local Planning Scheme No. 23 as per Attachment A.

This policy has been prepared to provide a consistent and easily identifiable approach to dealing with compliance matters and seeks to ensure there is transparency in all dealings.

Officer’s Comment

The objectives of this policy are to:

1. Define whether a particular compliance matter is under the jurisdiction of the Shire;

2. Identify the general criteria by which it is determined whether to take compliance action or not;

3. Identify specific circumstances where no further action will be taken;

4. Identify in what instances a Planning Infringement Notice is issued;

5. Identify in what instances a Directions Notice is issued; and

6. Outline the general compliance procedure including the issue of infringements and prosecution.

Under the policy on the receipt or notification of any compliance issue, the jurisdiction of the Shire of Esperance will first be determined.

Any compliance issue falling outside the jurisdiction of the Shire of Esperance will be referred to the authority with jurisdiction for action, and any complainant advised as such. No further action will be taken by the Shire of Esperance.

In the case of development that has occurred prior to 1990 no action will be taken by the Shire unless documentation relating to the development is on file. This is due to the accidental destruction of planning approvals prior to this date.

The policy then outlines the circumstances where action may or may not be taken. Where action is taken a clear procedure is established which will allow the administration to ensure that all compliance actions will be undertaken in a consistent manner.

On review by the Executive Management Team a number of modifications were proposed which are highlighted in Attachment A. The modifications consisted of a new point for Part 4.1 stating:

A letter will be sent seeking clarification on the breach and provide an opportunity for the non compliance to be addressed voluntarily within 28 days or other appropriate time period given the nature of the non compliance. If the matter is not rectified in the specified timeframe:

Under Part 5.0 the ‘Manager Development Compliance and the Executive Manager Statutory Division’ will be replaced with the ‘Executive Management Team’. A final paragraph in this part is also proposed which states:

If the Discretionary Criteria are acted on they will be reported to Council via the monthly Information Bulletin.

Consultation

The policy was advertised under the provisions of Clause 2.4 of Local Planning Scheme No.23.

Advertising consisted of an advert being placed in the Esperance Express for two consecutive weeks and a copy of the policy being forwarded to registered builders, designers and real estate agents within Esperance for comment.

Advertising ran for 3 weeks with comments closing on Friday 13 March 2015.

At the close of advertising no submissions had been received.

Financial Implications

The financial implications arising from this report are a potential increase in infringement income and potential increases in legal fee if prosecution for non compliance is undertaken.

Asset Management Implications

Nil

Statutory Implications

Clause 2.4 of Local Planning Scheme No. 23

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have due regard to a Local Planning Policy as required under Clause 10.2 of Local Planning Scheme No. 23.

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

a .

Local Planning Policy - Planning Compliance

Officer’s Recommendation

That Council adopt the Local Planning Policy – Planning Compliance with modifications in accordance with Clause 2.4.2 (b) of Local Planning Scheme No. 23 as per Attachment A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 14

Council Policy No.:
Policy Name:	*Planning Compliance*
Objective:	To provide a standardised process for planning compliance within the Shire of Esperance and to provide clear criteria for officers making decisions relating to compliance.
Key Words	Planning Compliance, Compliance
Statutory Compliance	LPS23

POLICY

Objectives

The objectives of this policy are to:

1. Define whether a particular compliance matter is under the jurisdiction of the Shire;

2. Identify the general criteria by which it is determined whether to take compliance action or not;

3. Identify specific circumstances where no further action will be taken;

4. Identify in what instances a Planning Infringement Notice is issued;

5. Identify in what instances a Directions Notice is issued; and

6. Outline the general compliance procedure including the issue of infringements and prosecution.

Operation of the Policy

Unless the relevant legislation provides otherwise or the Chief Executive Officer following legal advice determines otherwise, the owner(s) or occupier(s) of the property or other applicable person(s) that are in breach of the relevant legislation shall be the subject of compliance action in accordance with this policy.

The statutes in respect of which this policy will operate include the Planning and Development Act 2005 and Shire of Esperance Local Planning Scheme No. 23.

The policy assumes the precedence of planning over building compliance matters in most instances (except for dangerous buildings) as planning matters deal with issues of amenity and impact on adjoining properties which should be dealt with before building matters that primarily deal with structural and safety issues which are often more easily addressed.

Policy Statement

Compliance matters will be investigated in the following order:

1.0 Jurisdiction

On receipt or notification of any compliance issue, the jurisdiction of the Shire of Esperance will first be determined.

2.0 Priority

Where a Shire Officer has reasonable grounds to believe that non-compliant activity may be occurring on land within the Shire, compliance issues will be progressed in accordance with the following priorities (in order), irrespective of the number or frequency of complaints received:

a) Any matter that presents a danger or other circumstances that demand an immediate response.

b) Any matter involving irreversible and permanent damage to a building or place on the State Register of Heritage Places or a Heritage List established under Local Planning Scheme No. 23, or to the natural environment.

c) All other compliance issues not meeting these priorities will be progressed in the order in which they arise.

Complaints relating to compliance issues are:

1. Required to be in writing and include specific details of the compliance matter;

2. Complaints not in writing that are file noted or included in a running sheet; or

3. Identified during a compliance audit undertaken by the Shire.

Anonymous complaints cannot be investigated as it is not possible to undertake due process to ensure procedural fairness.

3.0 Circumstances Where the Shire May Take No Further Compliance Action

The Shire may, following the consideration of a report and having regard to any legal or technical advice, resolve to take no further compliance action in the following circumstances.

3.1 Uncertainty of Compliance

Where, after reasonable investigation, it is uncertain that a matter is compliant with planning or building requirements, or it is uncertain whether it is capable of enforcement owing to:

a) A lack of precision in the plans / documents of any relevant approval; or

b) A lack of certainty at the time of development as to the legal status of the development or the requirement to obtain approval; or

c) Any other legal consideration.

3.2 Matter Considered Trivial or Insignificant

Where there is a breach of planning or building requirements and the matter may reasonably be considered trivial or insignificant.

For the purposes of this policy, a matter will be considered to be trivial or insignificant only where the extent of the non-compliance is minor to the point where the distinction between complying and not complying with the relevant legislation is unnoticeable other than to a person well versed in the relevant law;

3.3 Other Circumstances

Where it has been established that a breach of planning or building requirements has occurred and that the breach is neither trivial nor insignificant, The Executive Manager Statutory Division or Manager Development Compliance may determine not to take action where a matter meets all of the following criteria:

a) It can be established that the development the subject of the breach has been in existence for a substantial time period; and

b) The development has no apparent impact on the amenity of adjoining properties, the streetscape, or the locality; and

c) The development is, in the opinion of the Principal Building Coordinator, structurally sound.

3.4 Historic Usage

In situations where a use has been in operation since before 1990 it is considered unreasonable to consider that documentary evidence of land use approval will still exist due to potential destructions and changes to business ownership. This will only apply when the Shire has no records in relation to the relevant approvals.

4.0 Compliance Procedure

If part 3.0 of the policy above is not satisfied, the following will apply in sequence:

4.1 A letter will be sent seeking clarification on the breach and provide an opportunity for the non compliance to be addressed voluntarily within 28 days or other appropriate time period given the nature of the non compliance. If the matter is not rectified in the specified timeframe:

a) A letter will be issued requiring that the matter be rectified within 28 days ~~or other appropriate time period given the nature of the non compliance~~.

b) A letter is issued with a draft of an Infringement requiring that the matter be rectified within 28 days or a $500 infringement will be issued;

c) A $500 infringement will be issued; and

d) A Direction Notice will be issued requiring the compliance matter to be resolved in line with the requirements of Section 214 of the Planning and Development Act 2005 (this may include obtaining retrospective development approval, stopping an unapproved use, removing an unapproved structure or undertaking the prescribed work). If the matter is not resolved, then the matter may proceed to legal action.

e) All notices must comply with legislative requirements including notification of the right of appeal to the State Administrative Tribunal.

4.2 Where legal action is being contemplated consideration must be given to admissible evidence that establishes the offence beyond all reasonable doubt. Consideration must also be given to whether or not there is a reasonable prospect of conviction.

5.0 Discretionary Criteria

Where there are extenuating circumstances to depart from the terms of this policy, the Development Compliance Officer will prepare a report which will be referred to the Executive Management Team ~~Manager Development Compliance and Executive Manager Statutory Division~~, having regard to the following general criteria:

a) Whether it is in the public interest of the proper and orderly development and use of land that the applicable law(s) should generally be complied with;

b) The impact of the contravention of the law on the affected locality and environment. This includes a consideration of whether the breach complained of is purely technical in nature which is unnoticeable other than to a person well versed in the relevant law;

c) Those factual circumstances in which the contravention of the law took place;

d) The time which has elapsed since development was undertaken in contravention of the law;

e) The expense and inconvenience which would be involved in remedying the contravention of the law;

f) The extent of amenity impact the contravention may have on adjoining properties and the locality; and

g) Any potential liability the Shire is subject to if compliance is not resolved.

If the Discretionary Criteria are acted on they will be reported to Council via the monthly Information Bulletin.

NOTE 1: An infringement must be issued within 6 months of the Shire determining that an offence has occurred.

NOTE 2: A planning prosecution must commence within 12 months of the Shire determining that an offence has occurred.

NOTE 3: Failure to comply with a Direction Notice is an offence under Section 214(7) of the Planning and Development Act 2005. Under Section 223 of the Act, a person who commits an offence under this Act is liable to a fine of $200,000 and in the case of a continuing offence, a further penalty of $25,000 for each day on which the offence continues.

NOTE 4: A Direction Notice issued under Section 214 of the Planning and Development Act 2005 is generally issued with a term not less than 60 days.

NOTE 5: The person(s) to whom a Direction Notice has been issued, may within twenty eight (28) days of the date of service of the Direction Notice, apply to the State Administrative Tribunal for a review of the decision. The contact details for the State Administrative Tribunal will be set out at the end of a Direction Notice.

Ordinary Council: Agenda

28 April 2015 Page 19

Item: 12.1.2

Proposed Road Closure - Portion of unnamed Road between Pier Hotel and Loose Goose Restaurant

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

File Ref: D15/7710

Applicant

Cardno Spectrum Survey on behalf of Lewis and Lewis Properties Pty Ltd

Location/Address

Executive Summary

For Council to consider an application for the closure of part of the unnamed Road between the Pier Hotel and the Loose Goose Restaurant.

Recommendation in Brief

That Council resolve to commence the road closure process, via advertising to affected parties, for the portion of Road Reserve Adjacent Lot 22 (47) The Esplanade, Esperance in accordance with section 58 of the Land Administration Act 1997.

Background

On 7 September 2010, an application for Planning Approval was received for the development of an Enclosure of External Storage Area around the Pier Hotels Receival and Store Area along the unnamed Road running along the southern boundary of the property. Planning Approval (Development Application 10.2010.1521) and a Building License (Building License 14718) were later issued by Shire staff.

The development approval contained the following applicable 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).

The following advice note was also placed on the development approval:

2. 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.

On 30 April 2012, complaints were received querying the location of footings for the solid wall/fence along the unnamed road.

Following this complaint numerous letters and meetings have been held to address a number of outstanding issues including the location of footings within an adjoining lot and unauthorised stormwater discharge.

On 19 October 2012, Shire Staff were made aware of unauthorised development involving the construction of a permanent roof over the solid brick wall/fence. On 9 January 2013, Shire Officers requested information from the owner of the Pier Hotel including the location of footings along the unnamed Road.

Further correspondence and communication were undertaken to address the non compliances on this section of the site.

On 6 June 2014, a survey was undertaken by Graham Gath along the Road. The survey noted that sections of the solid wall/fence were not located in the correct locations, with two sections intruding into the Right of Way (see below).

It should be noted that whilst the plans and application (Attachment A) show the road as a Right of Way (R.O.W.), this is factually incorrect as the thoroughfare was dedicated as a road by the Orders of the Minister for Lands on 10 November 1989.

A request was received for a part of the Road to be closed on 23 February 2015 to allow for a boundary realignment to permit all sections of the Pier Hotel to be located within the boundaries of Lot 22 (47) The Esplanade (see Attachment A).

Officer’s Comment

Although the proposed road closure only calls for the closure of 10 to 20 centimetres (dependent on location) of the northern portion of the Road, there are multiple issues to be considered.

The Road in question is very narrow, and is often partially blocked by individuals keepings their bins at the rear of their properties. Any reduction in width to the Road will make it more difficult of businesses to access the rear of their properties, several of which (Lot 31 Andrew Street in particular) use these areas for loading, unloading, parking and storage of vehicles.

This application is due solely to the previously approved Enclosure of External Storage Area being improperly located. It is noted that the Planning Approval for Development Application 10.2010.1521.1 specifically states ‘It is the responsibility of the applicant to ensure that buildings setbacks correspond with the legal description of the land. This may necessitate resurveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings’.

The roofed structure that has been constructed does not have a Planning Approval or a Building Permit. The development cannot be retrospectively approved until the encroachment into the road has been addressed.

It should also be noted that even though an application is lodged for retrospective planning approval there are no guarantees it will be approved. In the event that approval is not given written direction may be served on the owner or any other person that undertook the development to:

· Remove, pull down, take up, or alter the development; and

· Restore the land as nearly as practicable to its condition immediately before the development started, to the satisfaction of the Shire.

It is unknown what, if any, interior works have been undertaken within the area in question.

Options

1. That Council refuse the application for the partial closure of the unnamed Road between the Pier Hotel and the Loose Goose Restaurant

2. That Council resolve to commence the road closure process for the portion of Road Reserve adjacent Lot 22 (47) The Esplanade, Esperance in accordance with Section 58 of the Land Administration Act 1997.

Council could easily and legally resolve option 1 to refuse the application, the it very clear it is the owners responsibility to have a building site properly surveyed prior to commencing construction. This option would also potentially prevent any retrospective planning or building approval from being considered, and therefore cause the building to be removed. This would be a significant expense and inconvenience to the applicant.

Option 2 does however provide an opportunity for Council to potentially gauge the view of all affected landowners, government agencies and the community in general, prior to determining to continue the road closure process with the Department of Lands.

Given that simply commencing the road closure process through the advertising process, does not bind Council, at this stage, to a final decision, it is believed this is more equitable outcome, rather than simply refuse the application outright. This will mean the matter will come back to Council for consideration, once the advertising process is complete.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35 day public comment/referral period to all affected landowners and government agencies are to be consulted. A notice is also required to be published in a newspaper circulating in the district.

Financial Implications

Once the proposal has been formally adopted by Council, all costs associated with the road closure process in regard to title adjustments and new titles are to be met by the applicant. Furthermore, at this stage the Shire of Esperance will need to indemnify the Minister of all costs and charges in association with the closure.

If the closure is not supported there are no financial implications other than the loss of fees for a potential retrospective planning application.

Asset Management Implications

The proposed road closure will lead to a reduced area required for maintenance.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

Request for Closure of Portion of Unnamed Road

Officer’s Recommendation

That Council resolve to commence the road closure process for the portion of Road Reserve Adjacent Lot 22 (47) The Esplanade, Esperance in accordance with section 58 of the Land Administration Act 1997.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 26

Item: 12.1.3

Development Application - Display Home Signage - Lot 279 (86) Walmsley Street, Bandy Creek

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

File Ref: D15/7719

Applicant

G.J. Gardner Homes

Location/Address

Lot 279 (86) Walmsley Street, Bandy Creek

Executive Summary

For Council to consider Development Application 10.2015.2842.1 for Display Home signage at Lot 279 (86) Walmsley Street, Bandy Creek.

Recommendation in Brief

That Council resolve to approve Development Application 10.2015.2842.1 for Display Home signage at Lot 279 (86) Walmsley Street, Bandy Creek.

Background

An application for Planning Approval was received by Planning Services on 10 March 2015 for the erection of signage for a new Display Home at Lot 279 (86) Walmsley Street, Bandy Creek.

An inspection of works being undertaken in Flinders Estate on 24 March 2015 noted that the sign itself was already constructed.

As part of the application the applicant acquired non-objections from all landowners along Walmsley Street who are either adjacent to the proposal, or directly facing the new sign.

Officer’s Comment

In accordance with the Signs Local Law, the requirements for a freestanding sign are:

· A freestanding sign shall be located a minimum of 2 metres from any lot boundary.

In this instance the proposal calls for the following variation:

· The proposed sign is to be located 1.8 metres from the street boundary.

Not withstanding that the proposed location of the sign exceeds the referenced provisions in the Signs Local Law, from a Planning Services perspective it is considered that the proposed sign is appropriate having regard to issues such as visual amenity, access to services, and the small distance between the proposed location and the street. As per Clause 24 of the Signs Local Law, Council does have the discretion to approve signs that do not comply with the requirements of the Signs Local Law by an Absolute Majority decision.

Options

Option 1: Approve the application as submitted.

Option 2: Approve the application with modifications as determined appropriate by Council.

Option 3: Resolve to refuse the application in its entirety as the proposal does not comply with the Signs Local Law.

Consultation

Four (4) non-objections were provided from the two landowners to either side of Lot 279 (86) Walmsley Street, and the two landowners immediately opposite.

Financial Implications

This application will be subject to retrospective planning approval fees in addition to the fee already paid (by way of twice the development fee as penalty) total fee payable is $441.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are:

1. Planning and Development Act 2005; and

2. Local Planning Scheme No. 23

3. The Shire of Esperance Local Laws Relating to Signs 2004

It should be noted that the Department of Local Government has advised that the Joint Standing Committee on Delegated Legislation has found no clear provisions in Acts of Parliament that confer power to local governments to make local laws that provide for offences for non-compliance over signs and structures on private land.

Based on this advice, Officers are currently preparing a report for Council’s consideration which will repeal the current Local Laws Relating to Signs 2004.

Policy Implications

There are no policy implications relating to this report.

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

a.	Elevations
b .	Site Plan

Officer’s Recommendation

That Council resolve to retrospectively approve Development Application 10.2015.2842.1 under Local Planning Scheme No. 23 and the Local Laws Relating to Signs 2004 for Display Home signage at Lot 279 (86) Walmsley Street, Bandy Creek, subject to the following conditions:

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

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

4. Signs shall be kept clean and maintained free of dilapidation at all times to the satisfaction of the Shire of Esperance (Planning Services).

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

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

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

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

5. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6. All signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Signs Licence) prior to erection of such.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 April 2015 Page 33

Item: 12.1.4

Development Application - Proposed Single Dwelling - Lot 302 (84) Johns Street, West Beach

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

File Ref: D15/6954

Applicant

G.J. Gardner Homes on behalf of Raymond Easton

Location/Address

Lot 302 (84) Johns Street, West Beach

Executive Summary

For Council to consider an application for planning approval for development application 10.2015.2841.1 for a Single Dwelling at Lot 302 (84) Johns Street, West Beach.

Recommendation in Brief

That Council approve the development application for development application 10.2015.2841.1 for a Single Dwelling at Lot 302 (84) Johns Street, West Beach.

Background

An application for a two-storey single dwelling was received on 9 March 2015. An objection to the proposed development was received by Planning Services on 18 March 2015.

The subject lot is 742 square metres in size and is accessed from Johns Street. The zoning of the property is Residential R12.5 under Local Planning Scheme No. 23. Special Control Area 1 – Port and Transport Corridor (Condition Area 2) also applies to the property with a specific set of material requirements to mitigate noise impacts from the Port and Transport Corridor or a requirement for a Section 70A notification to be placed on the title to warn future purchasers of potential noise impacts.

The site is reasonably flat with several trees along the street frontage of the property.

The plans of the proposed development are included in Attachment A.

Officer’s Comment

The land is zoned Residential R12.5, however the proposal does not comply with the provisions of the Residential Design Codes for setbacks from boundaries or cone of vision setbacks for elevated windows.

The neighbouring landowner objected on the following grounds:

Objection

Design Principles

Officer’s Comment

Garage should be 1 meter away from the common boundary between our blocks.

P3.1 Buildings setback from lot boundaries so as to:

· Reduce impacts of building bulk on adjoining properties;

· Provide adequate direct sun and ventilation to the building and open spaces on the site and adjoining properties; and

· Minimise the extent of overlooking and resultant loss of privacy on adjoining properties.

As per the Residential Design Codes, the prescribed setback for a wall of less than 3.5 metres in height and less than 9 metres in length is 1 metre. In this instance the proposal calls for a setback of 0.15 metres.

Without an existing dwelling on the neighbouring property it is difficult to determine the level of future impact from the garage on neighbouring Lot 301 Johns Street.

Building bulk will remain an issue, but this is a common issue for two storey residential development on urban lots the positioning of the garage results in only a small increase to the bulk of the building and also represents an opportunity for development on Lot 301 to also have a garage built up to the boundary.

Access to sun and ventilation may still be achieved on Lot 301 with the right design.

The reduced setback for the garage does not result in an overlooking issue.

All setbacks should be as per the planning regulation including upstairs study area including window which is more close to my boundary fence Lot 301.

P1.1 Minimal direct overlooking of active habitable spaces and outdoor living areas of adjacent dwellings achieved through:

· Building layout and location;

· Design of major openings;

· Landscaping screening of outdoor active habitable spaces; and/or

· Location of screening devices.

P1.2 Maximum visual privacy to side and rear boundaries through measures such as:

· Offsetting the location of ground and first floor windows so that viewing is oblique rather than direct;

· Building to the boundary where appropriate;

· Setting back the first floor from the side boundary;

· Providing higher or opaque and fixed windows and/or

· Screen devices (including landscaping, fencing, obscure glazing, timber screens, external blinds, window hoods and shutters).

The setbacks in question are a 4.5 metre cone of vision setback for the rear facing window on the second storey study, and a 1.6 metre setback to the second storey wall. Both of these setbacks are proposed for relaxation, with a 3.0 metre setback from the study window and a 1.52 metre setback from the second storey wall to the boundary of Lot 301 Johns Street proposed.

Without an existing dwelling on the neighbouring property it is difficult to determine the future impact of these variations.

The 8 centimetre variation for the second storey setback is a very minor impact regardless of what is built on the neighbouring property.

The cone of vision setback can be mitigated both through the design of any neighbouring dwelling, or by use of screening by the applicant.

Options

1. Approve the development subject to standard conditions

2. Approve the development subject to standard conditions and a modification to the setback of the second story by including a new condition after condition 1 stating:

The setback of the second storey wall is to be increased to 1.6 metres from the boundary of Lot 301 Johns Street.

Consultation

A non-objection from the owner of Lot 303 was received with the application. One objection was received from the owner of Lot 301 on 18 May 2015. No other consultation was required.

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

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

a.	Plans
b.	Objection

Officer’s Recommendation

That Council resolve to approve development application 10.2015.2841.1 for a Single Dwelling at Lot 302 (84) Johns Street, West Beach, subject to compliance with the following conditions:

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

2. The land and buildings the subject of this approval shall be used for the purposes of Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer below definition as extracted from the Residential Design Codes).

· Dwelling – A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

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

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

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

6. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division).

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

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

9. The approved development shall be connected to sewer prior to commencement of the development and/or use.

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

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

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

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

14. A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

a) The lot is located in close proximity to the Esperance Port Access Corridor and may experience high levels of transportation noise; and

b) Noise attenuation measures, as referenced in Clause 6.2.8 (a) and (b) of the Shire of Esperance’s Local Planning Scheme No. 23, have not been incorporated into the design of the development on-site on the basis that the Section 70A Notification is advising all owners and future owners of such.

The Section 70A Notification is to be registered on the Certificate of Title prior to the issuance of a building permit, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

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

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

6. Use of screening (i.e. obscure glass, fixed blinds, and fixed screens) is encouraged for any window or balcony that overlooks an adjoining property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 44

12.2 External Services - Commercial Division

Item: 12.2.1

Public Submissions Received on the Esperance Region Economic Development Strategy

Author/s	Trevor Ayers	Executive Manager Commercial Division
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/8139

Applicant

Internal Report

Location/Address

This strategy focuses on the entire sub-region encompassed within the Shires of Esperance, Dundas and Ravensthorpe.

Executive Summary

The Draft Esperance Region Economic Development Strategy has received over 60 submissions. Provision of these submissions, along with any recommended amendments, to the Goldfields Esperance Development Commission will allow the strategy to be finalised and endorsed.

Recommendation in Brief

That Council endorse the recommended amendments to the Esperance Region Economic Development Strategy and provide these recommended amendments, along with a full copy of the submissions, to the GEDC to enable the strategy to be finalised.

Background

The Esperance Regional Economic Development Strategy is one of the projects funded through the SuperTowns Program. Due to its regional focus the GEDC has led the project in partnership with the Esperance Chamber of Commerce and Industry (ECCI) and the Shires of Esperance, Dundas and Ravensthorpe.

Council received the Draft Esperance Regional Economic Development Strategy (published in the October Ordinary Council Meeting Agenda) for the purpose of advertising the strategy for public submissions in October 2014. This submission period has closed, with a summary of submissions and recommended amendments at Attachment A and the full submissions contained in Attachment B. These submissions, along with any amendments to the draft strategy recommended by Council, now need to be provided to the GEDC to enable the strategy to be finalised.

Officer’s Comment

The recommended amendments contained within Attachment A have been derived from the submissions received. Of the Regional Initiatives, the only proposed amendments are to the Agricultural Lands Release initiative, while there are no proposed amendments to the Local (Esperance) Initiatives.

Consultation

Workshops in Condingup, Grass Patch, Cascade and Esperance were held as part of the advertising period. A number of meetings were also held with interested stakeholders and individual community members on request.

Following collation of the submissions a workshop was held with Council to discuss the feedback prior to the proposed amendments being formulated.

The full submissions along with Council’s recommended amendments will be provided to the GEDC for consideration by the project team (consisting of representatives from the GEDC, ECCI and Shires of Esperance, Dundas and Ravensthorpe) to enable the Esperance Region Economic Development Strategy to be finalised.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Advocate and plan for population growth and diverse residential and economic development in a sustainable manner

A growing Shire supported by improved job opportunities and diversity in our industries, businesses and housing

Corporate Business Plan 2013/2014 – 2016/2017

Action: 3.6.1 – Develop and Economic Development Plan and coordinate implementation.

Environmental Considerations

Nil

Attachments

a.	Schedule of Submissions and Recommendations
b .	Full Submissions - Confidential

Officer’s Recommendation

That Council

1. Receive the submissions to the Draft Esperance Region Economic Development Strategy (Attachment B).

2. Endorse the recommended amendments to the Draft Esperance Region Economic Development Strategy (contained within Attachment A).

3. Direct the CEO to provide the submissions (Attachment B) and recommended amendments (contained within Attachment A) to the GEDC to enable finalisation of the Esperance Region Economic Development Strategy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 62

Item: 12.2.2

Request for Lease Renewal - Esperance Pistol Club

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

File Ref: D15/8603

Applicant

Esperance Pistol Club Inc

Location/Address

Part Reserve 27626 – Skrolys Park

Executive Summary

To consider an application from the Esperance Pistol Club for a renewal of its current lease over portion of Reserve 27626 for the purposes of Pistol Club and Shooting Range.

Recommendation in Brief

That Council agrees to surrender the current lease and enter into a new lease with the Esperance Pistol Club (Inc) for a portion of Reserve 27626 for an initial term of 7 years with a further 2 x 7 year terms exercisable on the mutual agreement of both parties at the end of each 7 year term.

Background

The Esperance Pistol Club has written to advise that its current lease expires 30^th June 2017. The Club has currently ceased shooting on its outdoor ranges due to non compliance with the provisions of its Firearm Range Licensing conditions. The non compliance has arisen due to the failure of the Pistol Club to obtain the consent of the current owner of Lot 70 Stewart St Esperance to allow part of the shooting range fall out zone to be located on or across Lot 70.

To overcome this situation and to contain the shooting range fall out zone within its lease area the Pistol Club has proposed not to reopen the shooting range No.1 adjoining Lot 70 and to relocate its outdoor shooting activities to range no.2. Further more, with the installation of an extensive overhead baffle system and built up earthen side walls and rear bunds the Club believes it can contain its fallout zone within the area of its lease, with the further advantage of a corresponding decrease in noise levels.

The Club has modeled its proposal on the Cockburn Fremantle Pistol Club which is located in a developing residential area and was facing similar issues related to the location of fall out zones and noise control. The Pistol Club has also provided a letter from Mr. Max Wray a certified WA Pistol Association Range Inspector advising that the proposed baffle system, if built to approved specifications as applied to the Cockburn Fremantle Pistol Club, should totally eliminate any possibility of projectiles leaving the shooting range so as to provide the ultimate in safety for members and the public. Mr Wray advises that he is confident that the proposed works will fully comply with the guidelines for firing ranges within WA that are governed by the WA Police Range Inspectors.

In its letter to the Shire the Pistol Club advises it has considered the alternatives of relocation and co-location but its members believe that the installation of the baffle system is the most expedient and economical proposition for them. Nevertheless, significant costs are associated with the design and construction of the baffles, walls and bunds. The Club requests an extension of 7 years to its current lease (2017 to 2024) to provide security of tenure to support grant and sponsorship applications to fund this project.

Officer’s Comment

Staff have recommended the Pistol Club explore co-location with other ballistic sports as a preferred option. The Sports Facilities and Services Plan recommends that the Shire:

· Conduct a detailed investigation for potential sites to accommodate a Ballistic Sports Precinct; and

· Upon identification of a preferred Ballistic Sports Precinct location, conduct a Ballistic Sports Precinct Feasibility Study which should take into account the relocation of the Sports Shooters Association WA Esperance branch, Esperance Pistol Club, and the Archery group in the short to medium term, and, the relocation of the Esperance Bay Gun Club and the Esperance Rifle Club in the long term.

Potential co-location was discussed with the Pistol Club and Club Development Officer at a meeting on 25^th March 2015. The identified barriers being the Rifle Association is not interested and has a current lease until 2030 and the Esperance Bay Gun Club is restricted from further development due to its proximity to an adjacent Nature Reserve. Co-location on a new piece of land is considered to be the most expensive option due to the requirements to acquire the land and to build new facilities. The likelihood of finding a large enough tract of land convenient to town is remote.

In order to achieve it objectives the Pistol Club will still be required to submit building plans to Council for approval and comply with any noise control mitigation requirements. Use of the reserve as a shooting range will still be governed by the WA Police Range Inspectors and the issue of a license to operate.

Council has the following options:

1. Grant a new lease for the requested or additional term. This will require the Club to obtain the necessary licenses to remain operational as a firing range.

2. Decline to renew the lease. This would result in closure of the Pistol Club facilities, including the indoor air pistol range, on expiration of the current lease in 2017.

3. Decline to renew the lease and implement the recommendations of the Sports Facilities and Services Plan. This will require the agreement of other ballistic sports to share facilities and/or co-locate. It is estimated that a 300ha site would be required to co-locate all ballistic sports.

The Officers Recommendation to surrender the current lease and enter into a new 7 year x 7 year x 7 year lease is based on the premise that the Pistol Club has tenanted this location since 1976. Adjoining property owners would have been aware of the existence of the Pistol Club when purchasing property in this location therefore unless illegal activities or contravention of lease provisions can be proved there is no justifiable reason to refuse renewal of the lease The ability of the Pistol Club to use the leased premises as a shooting range will be dependent on its ability to comply with Police guidelines for firing ranges and the granting of an appropriate license. The renewal of the land lease does not provide the authority for the land to be used as a firing range without the appropriate license. If Council supports renewal of the lease, it will also need to write into the lease conditions to enable all parties to be aware of the grounds on which future extensions (after 7 years) will be mutually agreed.

Consultation

There has been continuing communication with the Pistol Club since August 2013 when the adjoining land owner first raised concerns over the proximity of the shooting range to his proposed housing development. Councilors have been involved in several on site meetings, one of which involved the aggrieved adjoining land owner, and staff have met independently with Pistol Club representatives.

Financial Implications

The financial implications arising from this report are yet to be determined. The Pistol Club has advised it will apply to Council for Community Grant Funds and to the Dept of Sport and Recreation for CSRFF funding. It has been estimated that the baffle system and earth works could cost between $50,000 and $60,000.

Asset Management Implications

Nil as the lease will a land only lease with the responsibility for the development and maintenance of onsite infrastructure being clearly allocated to the lessee.

Statutory Implications

Land Administration Act 1997 – Section 18 Crown Land Transactions that need Ministers Approval

Local Government Act 1995 Section 9.49A (4) Authorise CEO to execute document

Local Government (Functions and General) Regulation 1996 – Section 30 Disposing of Property excluded from Local Government Act Section 3.58

Policy Implications

CORP 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

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

A variety of accessible sport and recreation opportunities and activities

Corporate Business Plan 2013/2014 – 2016/2017

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

Environmental Considerations

The environmental considerations arising from this report are:

1. Potential noise mitigation and its impact on surrounding residents

2. Containing projectiles within the lease area.

Attachments

Nil

Officer’s Recommendation

That Council agrees to accept the surrender of the current lease with the Esperance Pistol Club (Inc) which would otherwise expire on June 30^th 2017; and, enter into a new lease with the Club for a portion of Reserve 27626 for the purpose of Pistol Club and associated activities, subject to the following:

1. The term of the lease will be 7 years with a further 2 x 7 year terms exercisable on the mutual agreement of both parties at the end of each 7 year term

2. The lease rental will be $100.00 per annum (ex GST)

3. The lease area will be 1.88ha of land excluding all buildings and infrastructure thereon

4. That the lease terms and conditions will be based on the Council adopted Standard Lease for Sporting and Community groups plus conditions as negotiated with the CEO to achieve mutual agreement for lease renewal after each of the 7 year terms excluding the final term.

5. The lease is subject to the approval of the Minister for Lands; and

6. Authorises the CEO to execute the lease

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 April 2015 Page 65

12.3 External Service - Community Division

Item: 12.3.1

Future Lease - Esperance Tennis Facility

Author/s	Rod Hilton	Executive Manager Community Division
	Jennifer Parry	Manager Corporate Support
	Matthew Scott	Chief Executive Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/8370

Applicant

Internal

Location/Address

Portion of Lot 968 on Plan 219755, Reserve 3287, corner of Black and Jane Streets Esperance.

Executive Summary

To consider leasing arrangements for portion of Reserve 3287 - Esperance Tennis Courts and all buildings and structures erected thereon.

Recommendation in Brief

That Council agrees to lease to the Esperance Tennis Club (Inc.) a portion of Reserve 3287 (Greater Sports Ground Tennis Courts) subject to standard conditions as specified and authorises the CEO to execute the lease.

Background

Esperance Tennis Club has a current 5 year lease with the Shire over the Black Street tennis facility which is due to expire on 30 June 2015. The Esperance Tennis Club has advised its intention to seek renewal of the lease and the South Coast Tennis Club has advised its wish to be considered in the lease renewal negotiations.

The CEO consequently wrote to each Club inviting comment on whether a co-location option would be supported.

The Esperance Tennis Club has responded that co-location is not in the Club’s and members best interests whereas the South Coast Tennis Club has advised its support of a co-location option to maximize the efficient usage of the existing courts and infrastructure. In it’s response the South Coast Tennis Club suggests that tennis would benefit through the creation of an Esperance Regional Tennis Association on which both the Esperance and South Coast Tennis Clubs, and in the future, other Clubs would be represented. The Association could have its headquarters at the Esperance Tennis Courts which could be renamed the Esperance Regional Tennis Centre.

Given that one of the Tennis clubs has decided not to support any type of co-location option, it would be difficult to pursue this option. Council therefore is still left to decide the future lessee of the Tennis Courts.

Officer’s Comment

Staff have received comment from both EDRA and the Club Development Officer on requests from the Esperance and South Coast Tennis Clubs for support in negotiating tennis facility lease arrangements with the Shire. The EDRA Minutes dated 18 February 2015 indicate that its members did not wish to take sides on this issue as it was not in the best interest of the sport of tennis. Discussions with the Club Development Officer indicate that the CDO role is to support all clubs therefore whilst identifying the need to maximize the use of local facilities the CDO was not in a position to take sides on the matter of leasing the Esperance Tennis Facilities

The Sports Facilities and Services Plan (2013) section 12.8 Tennis Facilities suggests - there is little justification for an expansion of tennis facilities within the short, medium or long term future. The report states that the sustainable provision of tennis facilities will be maximized through supporting the Esperance Tennis Courts & Clubrooms as a regional facility for the Shire and maintaining and improving the existing facilities. Future increases in membership will improve the financial capacity of the club to maintain and upgrade its 13 courts, pavilion and supporting infrastructure. Section 11.1 of the report strongly supports the Shires continued application of best practice facility planning principles when assessing newly formed clubs requests of support for establishment. “The Shire cannot stop new clubs forming, however, it can decide on whether or not to provide support to that club to establish itself or to find new premises. The Shire must consider the short, medium and long term consequences that could arise from supporting new sporting club facility developments to ensure that the overall sustainability of the sport in question is strong and able to withstand current and future challenges such as declining volunteerism and changing work patterns. Where support for new clubs is found to be warranted, all opportunities for shared use facilities with compatible user groups should be explored to maximize sustainability outcomes.”

Staff are also aware of the strong sense of ownership attached to the tennis facilities by members of the Esperance Tennis Club whom have contributed resources, money, and energy to develop the facilities to their current level. The formation of the South Coast Tennis Club is attributable to disagreements between members over the operation of the Esperance Tennis Club. The aggrieved members being unable to influence decisions took it upon themselves to leave the Esperance Tennis Club and establish a new Club.

Below is a table identifying the possible options to Council to resolve this matter:

Options

Advantages

Disadvantages

Lease to an Association which represents all Tennis Clubs (as recommended by the South Coast Tennis Club)

· Increased utilization of courts by other groups clubs etc.

· Courts fully utilised

· Independent management

· Combined resources

· Shared responsibilities

· Interclub competition by way of fixtures

· Representation on management body from each club/group and external stakeholders eg shire, DSR, community.

· Clubs retain own identity

· Association not formed

· All stakeholders need to agree to create a new Association

· An existing Club can perform the same functions as a new Association

· Condones decision to separate from Esperance Tennis Club

Lease to Esperance Tennis Club

· Continuity of Club coaching program

· Strong senior and junior player numbers

· Proven ability and capacity to operate as a Club and maintain facilities

· Potential new members as players seek to transition from one club to another (Juniors à Seniors)

· Strong volunteer base to support ongoing maintenance of facilities

· Control access to courts to the detriment to other Tennis Clubs or players

· Courts may not be fully utilized

· Council resources may be requested to support other Tennis Clubs

· Coaching at the facility only available via the Esperance Tennis Club (no alternative)

Lease to South Coast Tennis Club

· Potential new members as players seek to transition from one club to another

· Potential greater utilization of facilities if the Club can retain Esperance Tennis Club as a user group

· Potential control access to courts to the detriment to Esperance Tennis Club

· Esperance Tennis Club may restrict or reduce existing playing and coaching programs

· Has limited Senior players (at this time)

· Condones decision to separate from Esperance Tennis Club

No lease - Shire manage and operate by a booking system

· Shire determines who and when courts are used via a booking system

· Loss of volunteer support

· Maintenance and operating costs become Shire responsibility

· Management issues associated in managing bookings and resolving potential conflicts in meeting the needs of competing clubs access.

The Officers Recommendation to renew the Tennis Facilities Lease with the Esperance Tennis Club has been made in acknowledgement of the commitment of the Esperance Tennis Club to develop and continue to improve the current facilities and an awareness of the likely negative impact on volunteers and other organizations endeavoring to develop facilities on shire land if Council was to decide to simply ignore the effort and transfer control to another organization. Officers acknowledge the offer by South Coast Tennis to explore the collocation option, however a “forced” collocation is unlikely to resolve the current divisions between the two clubs. Ultimately a decision therefore needs to be made on which club is better situated to lease Shire facilities.

In recommending the term and conditions of the lease, officers have chosen to recommend a long term lease, to remove future uncertainty, however it is Council’s discretion to accept, reject or amend the proposed terms and conditions presented in the officers recommendation.

Consultation

Esperance SouthCoast Tennis Club

Esperance Tennis Club

Esperance District Recreation Association

Club Development Officer

Shire Asset Management

Financial Implications

A lease preparation fee of $100.00 (ex GST) to be charged along with a proposed lease fee of $100.00 per annum (ex GST).

The Shire will keep the building insured with reimbursement of the premium from the lessee.

Asset Management Implications

The Council adopted Building Hierarchy indicates that Shire is responsible for renewal and structural maintenance on the property and the lessee will have responsibility for general maintenance and repairs.

Statutory Implications

Land Administration Act 1997 – Section 18 Crown Land Transactions that need Ministers Approval

Local Government Act 1995 Section 9.49A (4) Authorise CEO to execute document

Local Government (Functions and General) Regulation 1996 – Section 30 Disposing of Property excluded from Local Government Act Section 3.58

Policy Implications

CORP 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Create a social environment that is accessible and inclusive for all ages and abilities

A Shire where the broadest community feel welcome involved and connected to each other.

Corporate Business Plan 2013/2014 – 2016/2017

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

Environmental Considerations

Nil

Attachments

a.	Letter - Esperance SouthCoast Tennis Club
b.	Letter - Esperance Tennis Club

Officer’s Recommendation

That Council agrees to lease to the Esperance Tennis Club (Inc.) a portion of Reserve 3287 (Greater Sports Ground Tennis Courts) subject to the following:

1. The term of the lease will be 21 years;

2. The lease rental will be $100.00 per annum (ex GST);

3. The lease area will be 13345.67m2 of land comprised in Crown Land Title Volume 3061 Folio 634, described as portion of Esperance Lot 968 on Land Administration Plan 19755, and including all buildings and infrastructure thereon;

4. That the lease terms and conditions will be as per the Council adopted Standard Lease for Sporting and Community Groups;

5. The lease is subject to the approval of the Minister for Lands; and

6. Authorises the CEO to execute the lease.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 April 2015 Page 76

12.4 Asset Management

Item: 12.4.1

Purchase of Playground Equipment for James Street Precinct on Esperance Waterfront

Author/s	Amelia Rolton	Personal Assistant - Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D14/27112

Applicant

Internal

Location/Address

James Street Precinct

Executive Summary

This report recommends the awarding of the Esperance Waterfront Playground to a suitably qualified and equipped contractor.

Recommendation in Brief

That Council award Purchase of Playground Equipment for James Street Precinct on the Esperance Waterfront to Playscape Creations at a total cost of $204,082.00 (ex GST).

Background

At a Special Council Meeting in September Council resolved to allocate $250,000 of the available CLGF 2012/2013 to the James Street Playground – An inclusive, fenced and shaded playground to be included in vicinity of James Street to allow another activity for foreshore users. This could also be looked at as long term replacement for Grace Darling Park.

The new playground at James Street will include inclusive play equipment, be fully fenced and shaded to provide additional activities for foreshore users. The Esperance Waterfront has been indentified as a Regional Play Space while Grace Darling is identified as a Local Play Space that means as equipment fails it would not be replaced. As this equipment is aging this would allow play equipment to be maintained in the area.

Utilising the WALGA E-Quotes systems Submissions were called for the Purchase of Playground Equipment for the Esperance Waterfront Playground, Reference Number VP22180 with a closing time of 5.00pm, Wednesday 22 October 2014. Using the WALGA E-Quotes system three (3) vendors were notified of the request with three (3) submissions being received.

Officer’s Comment

Shire staff prepared the documentation for E-Quotes with the selected contractor to meet the requirements for an all inclusive playground within the new waterfront project currently under construction. The playground proposal is to include a full service of supply and installation inclusive of all elements to the approximate value of $200,000 within an area of approximately 350sqm. The playground is to be fully certified and conform to all relevant Australian Standards while also being fit for purpose within its coastal location, including all warranties.

Although three submissions were received only one submission, from Playscape Creations (Attachment A & B), met the requirement of being all inclusive (for children of all abilities). Playground Centre (Attachment C & D) and Playright Australia (Attachment E & F) did not met the requirements, due to this the proposals were not considered as they are non conforming submissions.

Playscape meet the Shire requirement and provided the following information to address the selection criteria –

Playscape Creations have a long and strong history with many Council and commercial operations throughout Australia. Playscape Creations can offer total park development with design expertise from their in house team led by qualified designer, Peter Koch, through to project management and construction offered by the Playscape Creations team. Playscape Play equipment has been inspected and certified to meet AS4685:2014 (EN1176:2008MOD) safety standard, with specifications showing relevant fall heights and circulation space.

Playscape Creations has presented robust equipment to suit children of all ages and abilities, including the able / disabled and ambulant. The overall design includes the following elements, playground fencing including an access gate, concrete kerbing, shade sails suitable for site conditions, rubber softfall to entire footprint, Site Supervision and Management, Freight / Travel, inclusive multi-function play system for all ages including able, disable and ambulant children, able / disabled swings, spinner, seesaw and balance item.

The all inclusive playground will be located in the James Street Precinct (Attachment G) adjacent to the public toilet blocks included in the James Street Plaza area. With a range of car parking options available to user groups including parking as part of the James Street Precinct area, in James Street between The Esplanade and Dempster Street, opposite the proposed playground adjacent to the Pier Hotel and the Town Boat Ramp Car Park.

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 –

· $250,000 for the James Street Playground

· $687,727 for a new Skate Park Facility

Any surplus funds will be redirected into the Esperance Skatepark Project, also funded by the 2012/13 Country Local Government Fund Allocation as per the Financial Assistance Agreement.

Asset Management Implications

	Capital	Annual	Comments
Capital	204,082
Interest (economic cost)		8,163	4% pa
Depreciation (ongoing costs)		13,605	Over 15 years
Maintenance (ongoing cost)		2,000	Including operational costs
Total		28,666	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

Attachments

a.	Proposed Playground Location
b.	Submission - Playscape
c .	Submission - Playscape - Softfall area
d .	Submission - Playground Centre - 3D Drawing
e .	Submission - Playground Centre - Site Plan
f .	Submission - Playright - Proposal 1
g .	Submission - Playright - Proposal 2

Officer’s Recommendation

That Council award the Purchase of Playground Equipment for the James Street Precinct on the Esperance Waterfront to Playscape Creations at a total cost of $204,082.00 (ex GST).

Voting Requirement Simple majority

Ordinary Council: Agenda

28 April 2015 Page 95

Item: 12.4.2

RFQ 06-14 Replacement of a 21 Seat Bus (Community Bus)

Author/s	Chris Hubble	Technical Officer
Authorisor/s	Mathew Walker	Manager Asset Planning

File Ref: D15/8294

Applicant

Internal

Location/Address

Asset Management

Executive Summary

To consider quotations for the supply, delivery and licensing of one new 21/22 seat bus, utilising the trade-in of the Shire’s existing 2003 Toyota Coaster 21 seat bus 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 Cherny Auto Group under WALGA disposal tender RFT 062_14 (Plant 1); and

2. Accept quotation RFQ 06/14 from Esperance Motor Group for the supply, delivery and licensing of one new Toyota Coaster Automatic 21 seat bus as specified, utilising trade of the Shire’s existing 2003 Toyota Coaster 21 seat bus for a net changeover of $96,181.82.

Background

In accordance with the Councils adopted Plant Asset Management Plan Toyota Coaster 21 seat bus (2003) Registration E197140, Shire ID LV414, Plant ID. 14008 is due to be changed over as per the 2014-15 budget.

The WALGA Preferred Supplier System and local RFQs as per the State Government Pricing Schedule were used to obtain quotes from four (4) suppliers of buses being WA Iveco (Golden Dragon), Daimler Trucks (Fuso), Purcher International (Fuso), and Esperance Motor Group (Toyota).

WALGA was engaged to run a tender for the disposal of the Shire’s existing Bus which was advertised under WALGA Disposal Tender RFT 062-14 (Plant 1) on Saturday 6^th December, 2014 and closed Wednesday 17^th December, 2014. Two (2) tenders were received for the outright purchase.

Four (4) companies submitted seven (7) quotations to replace the Bus including trade changeover figures, accommodating the request made by Shire officers for both manual and automatic pricing.

Shire officers chose to evaluate the automatic alternatives provided, as this allowed all suppliers to receive consideration, and met the requested specifications of an automatic bus from Esperance Homecare.

The quotations were evaluated with the following criteria:

Description of Qualitative Criteria	Weighting
Whole of Life Costs	70%
Mechanical Assessment	5%
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

Mitsubishi Rosa (Daimler Trucks)	Mitsubishi Rosa (Purcher International)	Golden Dragon GD70 (WA Iveco)	Toyota Coaster (Esperance Motor Group)
79.92	78.84	83.00	90.39

The Shire Homecare facility operates two different models of 21/22 seat bus, utilising both a Mitsubishi Rosa and a Toyota Coaster. Shire Asset Management Officers consulted with Homecare staff regarding operation, servicing, dealership locality, and budgetary concerns for this replacement, and based on these criteria, concluded that the Toyota Coaster would be the most suitable option.

While the quote from WA Iveco for a Golden Dragon GD70 was the cheapest option, Shire officers have chosen not to recommend purchasing, due to the unfamiliar brand, as well as unknown resale figures, reliability, and parts availability.

The Automatic option will make driving the bus easier, lowering possible distractions and lessening fatigue. As this is the community bus which is rented out to many different users, an automatic option will allow more people to drive this bus, as well as reducing stress on the transmission from different driving styles.

Consultation

Esperance Homecare

Workshop Supervisor

Plant Operators

Company Representatives

WALGA

Works Supervisors

Director of Asset Management

Financial Implications

Council has allocated $95,000.00 (excluding GST) net changeover in its 2014/15 Budget. The net actual changeover for this Bus is $1,181.82 (excluding GST) over budget. See confidential attachment for quotation comparison.

This item has been funded from the Homecare Community Bus reserve.

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 06/14 21 Seat Bus Comparison for Council - Confidential

Officer’s Recommendation

That Council

1. Not accept the outright purchase offer from Smith Broughton & Sons, or Cherny Auto Group under WALGA disposal tender RFT 062_14 (Plant 1); and

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 98

Item: 12.4.3

Request to Prune/Lop Street Tree

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

File Ref: D15/8356

Applicant

Mrs. Sylvia Bedetti

Location/Address

63 Westmacott Street, Castletown

Executive Summary

For Council to consider a request to substantially lop (or remove) the verge tree at 63 Westmacott Street, by a neighboring property owner, which is outside the current perimeters of Council’s Street Tree Policy

Recommendation in Brief

That Council does not support the request to substantially lop (or remove) the verge tree located at 63 Westmacott Street, Castletown.

Background

On 27 February 2015, the Mrs Sylvia Bedetti, 65 Westmacott Street, Castletown, formally requested the Shire to lop (or remove) the verge tree (+30 year old Tuart Tree) located at 63 Westmacott Street, Castletown (letter attached). In her letter Mrs Bedetti believes the tree is unsafe and is causing her considerable distress with the amount of leaves that fall into her front yard.

According to Council’s Street Tree Policy (ENG 019), the tree was physically inspected and a risk assessment was undertaken (using the QTRA system). The following comments were made on the Tree’s Assessment:

“Healthy specimen, some dead wood to remove & selective canopy to reduce load on Northern side – Schedule with contractor. QTRA target 3, size 4, POF 3, risk of harm 1/1,000,000.”

Mrs Bedetti was advised of the outcome of the Tree Assessment, and that the tree would be pruned (to remove a small amount of dead wood and possibly thin out the canopy) next time the general maintenance pruning occurred in the area. Officers also advised there was concern that substantial reduction of the tree (via loping) would have a detrimental impact on the tree’s overall health, and potentially kill the tree. Mrs Bedetti was also advised that it was not Shire Policy to either remove (or endanger) a verge tree, purely on the basis of leaf litter.

The occupier of the 63 Westmacott was also contacted, who advised they had no concerns with the tree, and would hate to see the tree removed or pruned as it provided shade and attracted birds to their property.

Not satistified with the Inspecting Officer’s initial response, Mrs Bedetti has escalated her concerns up through the organisation, ultimately raising them directly with the Chief Executive Officer. After several meetings (via telephone, in person and on site), it is very clear that Mrs Bedetti wants the tree substantially loped (or removed) to reduce the leaf litter generated from the tree onto her property. The Chief Executive Officer has reiterated previous responses, advising the tree will be scheduled for maintenance pruning (later this year), and that her request to substantially lop (2/3 -3/4 of the overall tree) was not supported, especially given the potential detriment to the tree. Mrs Bedetti was also advised that it was against Council Policy to remove a verge tree, purely on grounds of leaf litter, and that her only recourse would be to have the matter considered by Council.

Mrs Bedetti subsequently requested the matter be presented to Council for consideration.

Officer’s Comment

The management of verge trees is governed under Council Policy ENG009 – Street Tree Policy (attached). The prime objective of this policy is “to protect and preserve trees in streets.” Accordingly, the policy is very specific in considering either removing or pruning street trees.

Under the policy, nuisance caused by street trees (such as leaf, fruit and/or bark shedding) is not considered a sufficient reason to remove a tree. Furthermore, there is entire section within the policy that deals with pruning of street trees (either affected or unaffected by powerlines). Under this section, when the shire receives requests from residents for additional pruning for a tree not affected by powerlines, pruning will be undertaken in the interests of:

1. Public Safety

2. Reducing structural risk to the tree; and

3. Removing growth abnormality from the tree.

In dealing with Mrs Bedetti request, Shire officers have followed this policy, conducting a physical inspection and risk assessment. Based on this investigation, the Officers have agreed to “maintenance prune” the tree, which will remove identified dead wood and the thin out the canopy. Despite being advised of this decision (from a multitude of Officers, including the CEO), Mrs Bedetti is still not satisfied with this proposed resolution. It is clear that Mrs Bedetti would prefer either the tree was removed or substantially loped to substantially reduce the amount or leaves falling on her property. Removing or reducing a nuisance caused by a street tree is not consistent with the intent of the Policy. As officers (including the CEO) cannot actively exceed or breach Council Policy, Mrs Bedetti’s request has been presented to Council for consideration.

Council has effectively two options in dealing with this request, being:

1. Concur with the Administration in applying the Street Tree Policy, and have the tree pruned as part of the scheduled street tree pruning program (remove dead wood and thin out the canopy); or

2. Decide to substantially prune/lop the tree, as requested by Mrs Bedetti.

In considering this item, the Council should consider the following points (which have been discussed previously within the item):

· The tree is some 30-40 years old, and therefore has been part of the Streetscape of Westmacott Street for considerable time;

· The property owner of 63 Westmacott Street (where the tree is located) is happy with the tree and does not seem to agree with the concerns of Mrs Bedetti;

· Shire officers have agreed to resolve any safety or health issues associated with tree;

· Substantial amount of officer time have been involved in trying to achieve a compromise with Mrs Bedetti (including numerous meetings, both on and offsite);

· There would be additional costs (over and above the normal program pruning program) involved in substantially pruning this tree;

· A decision to extensively prune the tree, on resident’s request, may set a precedent outside the constraints of the current policy, that would have to be applied if similar requests (i.e. pruning or removing street trees due to nuisance issues), were received in the future.

Given these points, and that the Administration is bound to support and apply Council Policy, the recommendation must be to apply the Street Tree Policy, and therefore not support the request of Mrs Bedetti. Should Council choose to support Mrs Bedetti’s request, then Council should also consider amending the current objective of the Street Tree Policy (ENG-009), to better inform the community of Council’s position regarding Street Trees.

Consultation

Mrs. Sylvia Bedetti, 65 Westmacott Street

Owner of 63 Westmacott Street

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Section 2.7 Role of Council

Policy Implications

ENG009 – Street Tree Policy

Strategic Implications

Strategic Community Plan 2012 - 2022

Environment

Protect, restore and enhance the Shire’s natural assets

An environment which is effectively managed for future generations and for the intrinsic value of its biodiversity

Corporate Business Plan 2013/2014 – 2016/2017

2.1.1.3 Coordinate implementation schedule for the Street Tree Policy

Environmental Considerations

The tree in question is a 30-40 year old Tuart tree in good health. It is unknown whether the tree was planted or naturally germinated at the location. The tree is very substantial, and seems to provide significant shade. The tree also seems to attract a noticeable number of native birds.

Attachments

a.	Request - Issue with Neighbours Tree - 65 Westmacott Street - Sylvia Bedetti
b.	ENG: 009 - Street Tree Policy
c.	Aerial View - Tuart Tree - 63/65 Westmacott Street Esperance

Officer’s Recommendation

That Council does not support the request to substantially lop (or remove) the verge tree located at 63 Westmacott Street, Castletown.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 109

12.5 Corporate Resources

Item: 12.5.1

Lease - Esperance Soccer Club

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Beth O'Callaghan	Manager Financial Services

File Ref: D15/6541

Applicant

Esperance Soccer Association Incorporated

Location/Address

Portion of Lot 968 on Plan 219755 Reserve 3287

Executive Summary

For Council to consider granting a land only lease to Esperance Soccer Association for the building previously occupied by the Esperance & Districts Badminton Association, located in the Greater Sports Ground.

Recommendation in Brief

That Council agrees to lease a portion of Lot 968 on Plan 219755 (Greater Sports Ground); corner Brazier Street and Jane Street Esperance, Reserve 3287 to Esperance Soccer Association Inc. subject to certain conditions.

Background

Esperance and District Badminton Association Inc (EDBA) built their current structure (as indicated in ‘Location’ above) in 1970, which is located on the northern end of the Greater Sports Ground. There has never been a lease or any form of agreement between themselves and the Shire for this land at any time during the 45 years. EDBA have sold the building to Esperance Soccer Association Inc (ESA) and are relocating to the Esperance Indoor Sports Stadium in April 2015.

This building is located on a portion of Reserve 3287; Crown Land with Management Order No H67521 to the Shire for the purpose of ‘Racecourse, Recreation & Agricultural Showground’. The Shire has power to lease for any term not exceeding 21 years subject to the consent of the Minister for Lands.

Of late ESA have had no permanent building of their own; they were renting area from Esperance Netball Association for a short time which proved to be untenable for the longer term and since have been utilising the sea container/s adjacent to the existing badminton building for storage of their equipment. The permanent structure will provide greater security for their equipment along with a suitable area for club rooms and kitchen etc.

As this building will be owned by ESA, the lease they will require to enter into with the Shire will be a land only lease. A land only lease places the responsibility for all repairs, maintenance and replacement of the building with ESA.

Officer’s Comment

It is recommended that Council agree to enter into a land only lease with ESA as this will provide all parties with a clear direction of rights and responsibilities with regard to the property. The lease will identify the Shire as the management body of the land (Crown Reserve) and ESA as the owners of the building.

It is also recommended that ESA be required to remove the existing sea container which they have been using as temporary storage.

Consultation

Parks & Gardens Operations

External Compliance

Asset Management

Financial Implications

A lease preparation fee of $100.00 (ex GST) to be charged along with a proposed rent of $100.00 (ex GST) per annum.

Asset Management Implications

Asset management implications associated with this item are minimal as the lease is a land only lease with ESA being responsible for all operational, maintenance and renewal costs.

Statutory Implications

Land Administration Act 1997 - Section 18 Crown Land Transaction that need Minister’s Approval

Local Government Act 1995 – Section 9.49A Execution of Documents

Local Government (Functions & General) Regulation 1996 - Section 30 Disposing of property excluded from Act s.3.58

Policy Implications

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

Strategic Implications

Strategic Community Plan 2012-2022

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

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

4.2 Maintain a clear, transparent and ethical decision making process

Corporate Business Plan 2013/2014 – 2016/2017

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

4.5.12 Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

Confirmation - Sale of existing Badminton Hall - Esperance & District Badminton Association to Esperance Soccer Association

Officer’s Recommendation

1) The existing sea container adjacent to the building be removed from site;

2) The lease be subject to the approval of the Minister for Lands;

3) The term of the lease be 10 years;

4) The lease rental be $100.00 per annum (ex GST);

5) The area of the lease to be clearly defined as an annexure to the lease document;

6) That the lease terms and conditions be as per the current land only lease document for Sporting and Community Groups; and

7) Authorises the CEO to execute the lease.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 April 2015 Page 113

Item: 12.5.2

Debt Write-off - Aussie Scrap Metal

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D15/6560

Applicant

Corporate Resources

Location/Address

Internal

Executive Summary

For Council to consider writing off outstanding debt of $18,114.44 (Inc GST) for LG Recycling Pty Ltd trading as Aussie Scrap Metal (Debtor No. 4028).

Recommendation in Brief

That Council writes off outstanding debt of $18,114.44 (Inc GST) for LG Recycling Pty Ltd trading as Aussie Scrap Metal (Debtor No. 4028) if the current Property Seizure & Sale Order is unsuccessful.

Background

Council was given a detailed agenda report in September’s round of Ordinary Council Meetings regarding the outstanding debt for Aussie Scrap Metal. At that time Council resolved to make a provision for doubtful debt of $18,114.44 and amended the budget accordingly.

Unfortunately the debt has not decreased since September.

Since September AMPAC suggested they do an ASIC Current and Historical Company search prior to attempting another Property Seizure & Sale Order (PSSO) to ensure that the address for the business had not changed. This was done on 30 October 2014.

The first PSSO was unsuccessful. There is another PSSO currently in place and after discussions with AMPAC at time of writing this report, was advised that it could take another six weeks before knowing if it was successful or not.

During this time AMPAC have attempted to contact the owner multiple times but they do not answer or respond to any messages.

It was AMPAC’s recommendation that one last PSSO is undertaken for a final attempt of seizing some property. If unsuccessful AMPAC recommends that the file is closed as it is no longer viable to pursue. AMPAC also advised that other clients who have Aussie Scrap Metal as outstanding debtors have already closed their files and were unsuccessful in recovering any of the debts.

Officer’s Comment

It seems unlikely that payment of the debt will occur. Therefore if the debt remains after the expiry date of the PSSO the only solution left, without costing the shire further losses, is to write off the debt.

Consultation

AMPAC Debt Recovery Pty Ltd

Financial Implications

The financial implications arising from this report ($18,114.44) were accounted for in an earlier budget amendment (Council Resolution O0914-014) as a provision for a Doubtful Debt. Therefore writing off debt will have no further impact on budget surplus.

Asset Management Implications

Nil

Statutory Implications

Local Government Act (1995) Section 6.12 General Financial Provisions

Policy Implications

CORP013: Debt Collection – The objective of this policy is that the Shire of Esperance will actively pursue all outstanding rates and sundry debtors.

The recommended course of action is in line with pursuing all available options to recover the outstanding debt.

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

4.5.15 Manage Financial Services

Environmental Considerations

Nil

Attachments

Historical data on outstanding debt - Confidential

Officer’s Recommendation

That Council writes off outstanding debt of $18,114.44 (Inc GST) for LG Recycling Pty Ltd trading as Aussie Scrap Metal (Debtor No. 4028) if the current Property Seizure & Sale Order is unsuccessful.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 April 2015 Page 115

Item: 12.5.3

Request to amend Liquor Licence - Newtown Football & Sporting Club

Author/s	Jennifer Parry	Manager Corporate Support
Authorisor/s	Beth O'Callaghan	Manager Financial Services

File Ref: D15/8045

Applicant

Newtown Football & Sporting Club Inc

Location/Address

Lot 1915 Fisheries Road Myrup & portion of Lot 1815 Fisheries Road Myrup on Reserve 28099

Executive Summary

For Council to consider permitting Newtown Football & Sporting Club to amend the specified area for their liquor licence with Department of Racing, Gaming & Liquor W.A.

Recommendation in Brief

That Council approves the amendment to the specified area for Newtown Football & Sporting Club’s liquor licence with Department of Racing, Gaming & Liquor W.A.

Background

Newtown Football & Sporting Club Inc (NFSC) have a current lease with the Shire on Lot 1915 Fisheries Rd and portion of Lot 1815 Fisheries Road Myrup on Reserve 28099. The current term of this lease is due to expire on 19 December 2015; the lease has an option for a further term of 10 years to 2025.

NFSC have held a ‘Club Restricted Section 48’ liquor licence for a period in excess of 20 years. Department of Racing, Gaming & Liquor (DRGL) have recently conducted a regular inspection of the property as required under their licence and have determined that the m²area of the verandah was somewhat dissimilar to the area that the DRGL had on file and have advised NFSC that their licence would require an area amendment.

Officer’s Comment

External Compliance Department have indicated that applications made to the licensing authority for the grant or removal of a liquor license, or for a change in the use or condition of any premises are required to be accompanied by a certificate from the local government for the district covering planning, health and building compliance under Sections 39 and 40 of the Liquor Control Act 1988; therefore Health Officers will arrange to inspect the property should Council grant NFSC’s request.

From an officer’s perspective, no other reason can be found as to why Council should consider declining NFSC’s request.

Consultation

External Compliance

Newtown Football & Sporting Club

Department of Racing, Gaming & Liquor WA website

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Liquor Control Act 1988

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

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

A Shire that is progressive, sustainable, resilient and adaptive to changes

Corporate Business Plan 2013/2014 – 2016/2017

4.5.12 Manage Shire leases and insurance

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council approves the amendment to the specified area for Newtown Football & Sporting Club’s liquor licence with Department of Racing, Gaming & Liquor W.A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 173

12.6 Executive Services

Item: 12.6.1

Membership of the Southern Ports Authority, Port of Esperance, Consultative Committee

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

File Ref: D15/8383

Applicant

The Southern Ports Authority

Location/Address

Esperance Port

Executive Summary

For Council to consider a request from the Southern Ports Authority for membership to the Esperance Port Community Consultative Committee.

Recommendation in Brief

That Council appoint one Councillor and the CEO as full committee members and another Councillor to act as a deputy.

Background

With the creation of the Southern Ports Authority, a new community consultative committee (under a new Charter) has been created (the committee). The Shire has received a request for a Councilor and the Chief Executive Officer (letter Attached) to be members of this new committee. Council will need to resolve who will represent the Shire of Esperance on this Committee.

Officer’s Comment

In November 2013, as a subsequence of the 2013 Local Government Election, the Council appointed Cr Hall (full member) and Cr Horan (deputy) to the Port Development Consultative Committee. Given that with the creation of the new Southern Ports Authority, and consequently, the creation of the Southern Ports Authority, Esperance Port, Community Consultative Committee under a new charter, Council needs to make an appointment to this new committee.

Obviously there is an opportunity for Council to effectively reappoint Councillors Hall and Horan (should they agree) to this revised, but essentially the same, external committee.

Consultation

Esperance Ports Sea and Land Port Consultative Committee

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Actively engage with the community to inform decision making and improve conversations within the community

The community have a variety of opportunities to be involved and are able to make meaningful contributions to decision making

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.1.1: Facilitate Councillors requirements to represent the community.

Environmental Considerations

Nil

Attachments

a.	Draft - SPA PoE Port Consultative Committee Charter
b.	Letter - Neil Person to Matthew Scott
c.	Draft Minutes - SPA PoE Port Consultative Committee - 25 March 2015

Officer’s Recommendation

That Council appoint the following to the Southern Ports Authority, Port of Esperance, Port Consultative Committee:

1. Cr _____________________, as a Committee Member;

2. The Chief Executive Officer, as a Committee Member; and

3. Cr ____________________, as a Deputy Committee Member.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 183

SPA logo MONO BLACK_esperance 1 line

MINUTES OF MEETING

SOUTHERN PORTS AUTHORITY, PORT OF ESPERANCE (SPA PoE)

PORT CONSULTATIVE COMMITTEE (PCC)

Date: Wednesday, 25 March 2015

Venue: SPA PoE - Large Admin. Meeting Room

Corner Bower Avenue and The Esplanade

ESPERANCE

Time: 15:40 hours

Attendees: Brett Thorp Chamber of Commerce and Industry (Chairman)

Neil Pearson SPA PoE – Acting Chief Operating Officer /

General Manager Operations

Alex Leonard SPA PoE – Environmental Manager

Debbie Storm SPA PoE – Executive Officer

Matthew Scott Shire of Esperance

Kevin Hall Shire of Esperance

Ron Taylor Local Environmental Action Forum (LEAF)

Wayne Halliday Tourism Esperance

John Richardson Esperance - WA Farmers Federation (WAFF) and

Locals for Esperance Development (LED)

Apologies: Phil Chalmer Southern Ports Authority – Director

David Horton SPA PoE – interim Chief Operating Officer

Michelle Crisp Local Environmental Action Forum (LEAF)

Clarrie Green Department of Environment and Regulation (DER)

Phillip Jeffries DER

Rob Horan Shire of Esperance

Dr Graham Jacobs Member for Eyre

Shayne Flanagan Goldfields Esperance Development Commission (GEDC)

Guests: John Ipsen Southern Pacific Fibre (SPF) – Chief Executive Officer

Clayton Fredericks SPF – Chairman

Ian Knobel SPF – Operations Manager

1. Opening

The meeting was opened and attendees were welcomed to the meeting by the Esperance Ports Sea and Land (EPSL) PCC Chairman, Brett Thorp.

Apologies were noted. In particular, Brett Thorp advised that SPA Director, Phil Chalmer rang him and would like to remain a Member of the SPA PoE PCC, but was not able to attend this meeting. It was noted that the GEDC has now been included as a member.

Pecuniary Interests

A discussion was held on Pecuniary Interests and the (previously declared) Pecuniary Interests of Phil Chalmer in relation to blue gum trees was noted. No other Pecuniary Interests were declared by attendees.

2. New Terms of Reference for SPA PoE PCC and Election of Chairman

Due to the amalgamation of the Ports of Albany, Bunbury and Esperance into the Southern Ports Authority, which occurred on 1 October 2014, new Terms of Reference (ToR) are required for the SPA PoE PCC. Brett Thorp confirmed receipt of the new ToR from the Port. A discussion was held on the draft ToR and it was agreed that this document would be reviewed and adopted at the next SPA PoE PCC.

A letter from each of the Community Groups of the SPA PoE PCC is required for the next meeting, nominating a Delegate and Deputy.

It was agreed that Brett Thorp was to remain as Chairman of the SPA PoE PCC in the interim and an election take place at the next SPA PoE PCC meeting for this position.

3. Southern Pacific Fibre – Presentation to the SPA PoE PCC

Guests joined the meeting 15:50 hours

John Ipsen introduced representatives from SPF and provided background information on the previous experience of each attendee. It was noted that John Ipsen has previously been involved in the Albany Port - Woodchip Terminal (Plantation Pulpwood Terminal), as well as ITC Limited’s operations in Esperance.

A slideshow presentation was given to the SPA PoE PCC by SPF on the current status of their proposal to export woodchips through the Port of Esperance. A handout of this presentation was given by SPF to attendees.

It was noted that:

· SPF has now secured funding (100% backing) and is ready to proceed.

· Land has been purchased at Chadwick, Esperance for the purposes of a woodchip stockpile facility. SPF is in discussion with the Shire of Esperance at present, to obtain the necessary approvals.

· Infrastructure at the Port would be limited to a mobile Shiploader used to export product over Berth One. There would be no stockpile of woodchips on Port land which reduces the exposure for dust generation. Woodchips would be bought into the Port by truck and loaded straight onto the vessel.

· Trees will be chipped in the field and then trucked to Chadwick for further screening and resizing if necessary. Moisture would be maintained on the open stockpile at Chadwick, and exposure to dust would be minimised as the ‘sawdust’ would remain in the field.

· Fumigation of woodchips, using pyrethrum, would be required for the export of the product to China but not Japan. Pyrethrum would be applied to the top layer of woodchips (once loaded) and would be restricted to the relatively small area between the woodchips and the vessel’s hatches. There would be no use of Methyl Bromide in the process.

A discussion was held on the number of truck movements, both from the field to Chadwick and from Chadwick to the Port, as well as potential increase in noise exposure at the Port which was considered to be minimal. It was noted that an amendment was required to be sought to the Port’s Operating License to export the product. SPF will be seeking approval for three (3) trial shipments to be undertaken.

SPF outlined their Traffic Management Plan which included liaising with the local Community to minimise the impact of trucks carrying woodchips by scheduling to avoid School Bus times, liaising with CBH and shutting down operations for three weeks during December and January which is the peak grain harvest period. A Tree Harvest Plan will be submitted to the Shire of Esperance prior to operations commencing.

Questions / Comments

Brett Thorp thanked SPF for their presentation and spoke on previous concerns relating to woodchip export proposals.

On the basis that there would be no stockpile or resizer at the Port, no bulldozers working the stockpile, reduced exposure to dust and Methyl Bromide was not being used to fumigate the woodchips, the SPA PoE PCC did not perceive there to be an issue with their proposal but would contact SPF if any concerns are raised.

It was agreed that a press release would be made by SPA PoE PCC on this topic. SPF provided their approval for the Presentation to be released on the Port’s website.

SPF left the meeting at 16:55 hours

4. Tanker Jetty Island (TJI) Demolition Update

SPA PoE Program Manager, Matthew Devenish joined the meeting for duration of discussion on this item (from 16:55 hours until 17:12 hours)

Matthew Devenish provided a slideshow presentation on the current status of the TJI Demolition Project and community consultation which has taken place on the welfare of the black-faced cormorants nesting on the TJI.

An outline was provided on the demolition proposal which would endeavour to retain sections of the jetty as a recreational dive location. The demolition will occur between April and June 2015 to ensure the fledglings have left the site, and before breeding starts again. A Contractor, licensed for this type of work has been engaged.

It was noted that no environmental approval is required for the TJI Demolition. The Port would provide an alternative nesting site so the Community can continue to observe these birds from the shore.

A discussion was held on the development of an existing nesting site located at the end of the Port’s breakwater near Berth Three. Enhancements would be made to the site to reduce exposure to the birds from predators such as feral cats.

Wood from the TJI would be gifted to Community Groups or Schools.

Matthew Scott asked for the Port to ensure that the TJI was clearly identified in any media statements to avoid the misconception that the Shire’s Tanker Jetty was being demolished.

On behalf of LEAF and its representatives, Ron Taylor thanked Matthew Devenish for the consultation on this project, particularly LEAF’s concerns for the birds.

5. Dust Monitoring Results

Alex Leonard provided an update on dust monitoring results by way of a slideshow presentation. It was noted that dust exceedances between 2010 and 2015 were mainly attributable to the Esperance Port Access Corridor construction works (by Main Roads) and grain dust associated with CBH operations.

A discussion was held on the fogger trial undertaken by CBH which only provides limited benefit in dust reduction in light wind conditions.

Action Items:

§ Debbie Storm to forward a copy of the draft ToR to each SPA PoE PCC member, including the GEDC.

§ A letter is to be sent by each of the Community Groups noted in the draft ToR, nominating a Delegate and Deputy to the SPA PoE PCC.

§ A letter is to be sent by SPA PoE to the Shire of Esperance seeking participation by the Chief Executive Officer and a Shire Councillor in the SPA PoE PCC.

§ A Press Release is to be prepared by the SPA PoE PCC Chairman in relation to SPF.

Meeting Closed: 17:25 hours

Date of Next Meeting: Wednesday, 24 June 2015 at 15:30 hours

Ordinary Council: Agenda

28 April 2015 Page 187

Item: 12.6.2

Information Bulletin - April 2015

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

File Ref: D15/7944

Applicant

Internal

Attachments

a.	Information Bulletin - April 2015
b.	Interplan Reports - April 2015
c.	Letter of Appreciation - Supporting Gaje Price Journey - Mad Racing
d.	Letter of Appreciation - Use of Shire Facilities for Recent Student Council Induction Day - Esperance Senior High School
e.	Thank You - Support of Additional Retail Trading Hours over Anzac Day Long Weekend - Woolworths Limited
f.	Minutes - GVROC Technical Officers Working Group - March 2015
g.	Minutes - Occupational Safety and Health Committee Meeting - 12 March 2015
h .	Minutes - Nulsen Progress Association - 2 March 2015

Officer’s Recommendation

That Council accept the Information Bulletin for April 2015 including;

1. Letter of Appreciation Gaje Price – Mad Racing

2. Letter of Appreciation – Esperance Senior High School

3. Letter of Appreciation – Woolworths – Support of Additional Trading Hours – March 2015

4. Minutes of the GVROC Technical Officer’s Working Group – March 2015

5. Minutes of the Occupational Safety and Health Committee meeting – 12 March 2015

6. Minutes of the Nulsen Progress Association Meeting – 2 March 2015

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 188

Agenda Cover Page Cover Page.jpg

Shire of Esperance

COUNCILLOR’S INFORMATION BULLETIN

ORDINARY COUNCIL MEETING

28 April 2015

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

SHIRE OF ESPERANCE

Index

SHIRE OF ESPERANCE

1 Asset Management 4

1.1 Grading Report 5

2 Statutory Division 6

Ordinary Council: Agenda

28 April 2015 Page 191

1.1 Grading Report

Subdivision Decisions - Western Australian Planning Commission from 1 March 2015 to 31 March 2015
Date Received:	Application Number:	Applicant:	Location:	Proposal:	Subdivision Type:	Determination:
7 January 2015	151262	Esperance Surveys	Lot 249 No 8 Coleman Street, Esperance	1 to 2 lots	Green Title	Approved Subject to Conditions 31 March 2015
6 January 2015	10-15	Graham Gath Surveys	Lot 124 No 20 Dempster Street, Esperance	1 to 6 lots, incl. common property	Survey Strata	Approved Subject to Conditions 31 March 2015
3 December 2014	151065	Esperance Surveys	Lot 602 No’s 75-77 Goldfields Road, Castletown	1 to 2 lots	Green Title	Approved Subject to Conditions 3 March 2015

Amendment No	Details of Amendment	Date Amendment Initiated by Council	Current Status
2.	Rezoning of Lot 64 Bandy Creek Road, Bandy Creek from "Agriculture - General" to "Special Use"	23 March 2010	· Awaiting modifications to Scheme Amendment report to facilitate referral to EPA for consent to advertise
17.	Rezoning of Lot 2 Sinclair Street, Castletown from "Residential" to "Industry - Business"	24 June 2014	· Advertising until May 8, 2015
18.	Rezoning from 'Agriculture - General' to 'Special Use'	24 February 2015	· Awaiting consent to advertise

Shire of Esperance

Building Applications Approved from 1 March 2015 to 31 March 2015

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

Industrial Building

10/03/2015

15204

34 Norseman Road

CHADWICK

Lot: 41 D: 30555

Steel

Concrete

841.0

New Building

Retaining Wall

10/03/2015

15871

TD Contractors A/L Removal

6 Cavanagh Court

CASTLETOWN WA 6450

20 Hockey Place

WEST BEACH

Lot: 352 D: 87399

WARA 248

Concrete or stone

Concrete

20,000.00

New Building

Garage/Shed

31/03/2015

15891

M R Lister

41 Downes Street

PINK LAKE WA 6450

43 Downes Street

PINK LAKE

Lot: 24 Pln: 2275

Steel

Timber

39.0

8,000.00

New Building

Retaining Wall

18/03/2015

15903

TD Contractors A/L Removal

6 Cavanagh Court

CASTLETOWN WA 6450

13 Hamersley Street

ESPERANCE

Lot: 19 Pln: 8296

WARA 248

Concrete

20,000.00

New Building

Deck

31/03/2015

15908

H J Stearne

Lot 7 Stearne Road

MONJINGUP WA 6450

12 Layton Street

ESPERANCE

Lot: 40 D: 25907

Timber

Not Specified

Timber

47.0

9,000.00

New Building

Gazebo/Alfresco Area

04/03/2015

15914

A R Lohf

13 Downes Street

PINK LAKE WA 6450

13 Downes Street

PINK LAKE

Lot: 9 Pln: 2275

Not Specified

Steel

Concrete

2,000.00

New Building

Carport

Not Specified

Steel

Concrete

10,000.00

New Building

Patio

Not Specified

Steel

Concrete

6,000.00

Alterations

Industrial Building

30/03/2015

15916

M T Withers

3 North Road

CASTLETOWN WA 6450

93 Norseman Road

CASTLETOWN

Lot: 44 Pln: 8495

S1044

Steel

Concrete

168.0

90,000.00

New Building

Patio

09/03/2015

15919

Glen Echo Pty Ltd ‑ Timmins & Timmins

4 Hill Street

CHADWICK WA 6450

1/ 14 Treasure Road

SINCLAIR

S/L: 1 S/P: 54115

9556

Steel

Concrete

18.0

9,690.00

Alterations

Dwelling ‑ Single

10/03/2015

15924

D J Callow

54 Mitchell Street

CASTLETOWN WA 6450

54 Mitchell Street

CASTLETOWN

Lot: 683 D: 39414

Steel

Concrete

71.0

35,000.00

Alterations

Dwelling ‑ Single

25/03/2015

15930

J R MacMillan

45 Chantilly Circuit

CASTLETOWN WA 6450

41 Randell Street

ESPERANCE

Lot: 4 D: 42397

S760

Fibre Cement

Aluminium

Concrete

53.0

60,000.00

New Building

Dwelling ‑ Single

31/03/2015

15932

S M Palmer

Lot 85 Orana Drive

MYRUP WA 6450

Orana Drive

MYRUP

Lot: 85 D: 94027

Steel

Concrete

80,000.00

New Building

Patio

17/03/2015

15934

B D Partington

26 Goldfields Road

CASTLETOWN WA 6450

70 Stable Road

CHADWICK

Lot: 840 D: 89567

9177

Steel

Concrete

56.0

10,000.00

New Building

Garage/Shed

25/03/2015

15935

D M Scott

Lot 42 Helms Drive

PINK LAKE WA 6450

169 South Coast Highway

PINK LAKE

Lot: 136 Pln: 226439

Steel

Other

54.0

15,000.00

New Building

Retaining Wall

16/03/2015

15938

D J Hatter

11 La Page Street

CASTLETOWN WA 6450

9 La Page Street

CASTLETOWN

S/L: 2 S/P: 48549

Other

20,000.00

New Building

Dwelling ‑ Single

04/03/2015

15940

B D Partington

7 Orr Street

WEST BEACH WA 6450

Warden Road

CHADWICK

Lot: 29 Pln: 54670

9177

Brick, veneer

Steel

Concrete

580.0

700,000.00

Page 1 of 3

Shire of Esperance

Building Applications Approved from 1 March 2015 to 31 March 2015

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

Alterations

Patio

13/03/2015

15943

M Pitcher

Address Unknown

83 Collier Road

PINK LAKE

Lot: 6 D: 63016

Other

Concrete

12,500.00

New Building

Garage/Shed

03/03/2015

15945

M B Kennaugh

Lot 41 Orana Drive

MYRUP WA 6450

215 Twilight Beach Road

WEST BEACH

Lot: 77 Pln: 226440

S460

Timber

Steel

Timber

36.0

14,000.00

New Building

Dwelling ‑ Single

05/03/2015

15949

G.J. Gardner Homes

Address Unknown

6 Magistrate Drive

CASTLETOWN

Lot: 60 Pln: 57159

13090

Brick, veneer

Steel

Concrete

262.0

319,070.00

New Building

Dwelling ‑ Single

25/03/2015

15950

Glen Echo Pty Ltd ‑ Timmins & Timmins

4 Hill Street

CHADWICK WA 6450

18 Hastings Crescent

CASTLETOWN

Lot: 57 Pln: 57159

Brick, veneer

Steel

Concrete

187.0

273,356.00

Alterations

Carport

04/03/2015

15955

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade 6450

Esperance 6450

32 Crossland Street

ESPERANCE

Lot: 344 Pln: 8297

14605

Steel

Concrete

35,000.00

Alterations

Patio

Steel

Concrete

35,000.00

New Building

Garage/Shed

25/03/2015

15956

M Moran

Lot 120 Starr Street

GIBSON WA 6448

100 Starr Street

GIBSON

Lot: 120 Pln: 214636

Steel

Concrete

54.0

13,000.00

Alterations

Dwelling ‑ Single

31/03/2015

15959

K J Norton

5 Kiwi Close

CASTLETOWN WA 6450

442 Stearne Road

MONJINGUP

Lot: 57 D: 86423

9566

Steel

24,000.00

New Building

Patio

30/03/2015

15961

Pyramid Patios

9 Matthews Street

CASTLETOWN WA 6450

Dunkley Circuit

PINK LAKE

Lot: 96 Pln: 22959

Steel

Concrete

60.0

11,870.00

New Building

Dwelling ‑ Single

17/03/2015

15962

WA Country Builders

96‑102 Stirling Terrace

ALBANY WA 6330

13 Addington Cross

WEST BEACH

Lot: 186 Pln: 22657

11422

Brick, veneer

Steel

Concrete

311.0

395,694.00

Alterations

Dwelling ‑ Single

12/03/2015

15966

M B Kennaugh

Lot 41 Orana Drive

MYRUP WA 6450

75 Westmacott Street

CASTLETOWN

Lot: 650 D: 52936

S460

Steel

20,000.00

Demolition

Garage/Shed

26/03/2015

15968

D S James

19 Giles Street

WEST BEACH WA 6450

19 Giles Street

WEST BEACH

Lot: 546 Pln: 2788

500.00

New Building

Dwelling ‑ Single

19/03/2015

15969

G.J. Gardner Homes

Address Unknown

Sanctuary Crescent

PINK LAKE

Lot: 103 Pln: 49450

13090

Brick, veneer

Steel

Concrete

367.0

325,745.00

New Building

Garage/Shed

31/03/2015

15971

Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE WA 6450

27 Remark Drive

CASTLETOWN

Lot: 92 Pln: 57159

Steel

Concrete

72.0

15,000.00

New Building

Garage/Shed

16/03/2015

15972

B G Kleemann

53 Emily Street

ESPERANCE WA 6450

53 Emily Street

ESPERANCE

Lot: 472 Pln: 8297

Brick, veneer

Steel

Concrete

15,000.00

New Building

Fence

Other

1,500.00

Demolition

Industrial Building

18/03/2015

15981

Sime Building Company Pty Ltd

52 The Esplanade

ESPERANCE WA 6450

28 Norseman Road

CHADWICK

Lot: 38 D: 30555

10158

Steel

Concrete

11,000.00

Page 2 of 3

Ordinary Council: Agenda

28 April 2015 Page 199

Shire of Esperance

Building Applications Approved from 1 March 2015 to 31 March 2015

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

Dwelling ‑ Single

27/03/2015

15982

M B Kennaugh

Lot 41 Orana Drive

MYRUP WA 6450

Mississippi Bend

PINK LAKE

Lot: 537 Pln: 54667

S460

Fibre Cement

Steel

Concrete

360.0

243,000.00

New Building

Garage/Shed

Not Specified

10,000.00

$2,869,925.00

Total number of Building Licences:

Building Approval Certificates (Unauthorised Structures)

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

Patio

24/03/2015

15931

D F De Beer

Address Unknown

28 Dauphin Crescent

CASTLETOWN

S/L: 2 S/P: 54780

Steel

Concrete

5,000.00

New Building

Deck

24/03/2015

15960

A L Reed

5 Stevens Place

CASTLETOWN WA 6450

5 Stevens Place

CASTLETOWN

Lot: 128 Pln: 9489

Timber

26.0

5,000.00

New Building

Patio

10/03/2015

15970

J M Kehl

Lot 5 Barook Road

PINK LAKE WA 6450

21 Peppermint Grove

WEST BEACH

Lot: 27 Pln: 9421

Steel

Concrete

5,000.00

$15,000.00

Total number of Building Approval Certificates (Unauthorised Structures):

Total number of Licences/Certificates Reported:

$2,884,925.00

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 3 of 3

Ordinary Council: Agenda

28 April 2015 Page 202

Ordinary Council: Agenda

28 April 2015 Page 314

OSH COMMITTEE MEETING

HELD AT THE COUNCIL RECEPTION AREA

ON 12^TH MARCH AT 10:30

MINUTES

1. OPENING

The Chairperson, James Ramsell declared the meeting open at 10:34am

2. ATTENDANCE

Members

James Ramsell(Chair) OSH Representative

Matthew Scott Chief Executive Officer

Lee Anderson Manager Human Resources

Barry McCosh (minute taker) OSH/Risk Management Officer

Ann Hilton Library/Volunteer Resource Centre

Gary Nazar Waste Management

Monica Greatrex Esperance Homecare

Paul O’Rourke Rural Construction and Maintenance Ali Cull Airport

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cheryl Bow Visitor Centre/Museum/Civic Centre

Billy Vibart BOILC

Position Vacant Admin Building (EHO) Positive Vacant Town Construction

Position vacant Ranger Services

4. CONFIRMATION OF MINUTES

Moved: Ali Cull

Seconded: Ann Hilton

That the Minutes of the Shire of Esperance OSH Committee meeting held on 24^th September 2014 be confirmed as true and accurate record.

CARRIED

5. ITEMS FROM DISCUSSION

5.1 Defibrillators

5.1.1 Committee recommended that members of the committee discuss with their work groups the benefits and potential need for a defibrillator (AED) to be located at their work location.

Information such as:

Price, Ongoing maintenance, placement & fitting is to be researched by the OSH Officer and reported to the committee.

5.2 Safety Awards

5.2.1 For safety week (October) each year the committee recommended an incentive program be introduced to encourage the workforce to be pro-active in OSH/Risk management.

It is intended to provided 4 x $50 vouchers for staff that show levels of safety that set an example to those around them.

Due to committee meetings not being held in the preceding period we were unable to finalise these awards.

The committee has voted on the awards based on the merit of each nominee and have selected the following staff;

Trevor Boyd

Tony Darling

Leigh Bowerman

Cathy Murray

5.3 Working alone procedure

5.3.1 Executive management has requested that the OSH committee members each take a copy of the working alone risk assessment back to their area and carry out a risk assessment relevant to their areas.

These are to be returned to the OSH Officer along with comments on how useful and valid the risk assessment was to each area.

A final draft of the procedure will be then be provided to Executive management for approval.

6. REPORTS

6.1 OSH Officer Report

See Appendix 1.

Recommendation of Committee

6.2 Safety Representative Report

Nothing to report

7. OTHER BUSINESS

7.1 Item 1

7.1.1 Wylie Bay: New staff starting, inductions being carried out

New equipment has been introduced (Compactor), checking procedures

Library: Working alone pendant-prices being sought

Review of power-board use to be carried out by the Property Building Co-ordinator

Airport: Security screen contractor incident, contractor suffered a personal health issue and staff responded quickly and appropriately to the incident.

Homecare: hazard identified regarding a grease trap – risk assessment to be carried out by OSH Officer and Property Building Co-ordinator.

8. NEXT MEETING

Next meeting to be held in two months time.

9. MEETING CLOSURE

Chairman declared the meeting closed at 11:19am

Appendix 1. OSH Officer Report

No lost time injuries reported for the period

No significant incidents/near misses for the reporting period

Ordinary Council: Agenda

28 April 2015 Page 317

NULSEN COMMUNITY PROGRESS ASSOCIATION Inc

Minutes of Meeting held at the Gumtree Community Centre 9 March 2015.

Chairman Amy opened the meeting at 6.17pm.

Those Present: K Adams, T Adams, F Graham, S Graham, R Hilton, L McIntyre, S Napijalo,

I Trneney, A Vickers, M Whitehead.

Apologies for Absence: None.

Minutes of the Previous Meeting: Were read/

Motion: That the Minutes of the meeting held 2 February 2015 be accepted as a correct record.

Moved A Vickers Seconded F Graham Carried.

Business Arising from the Minutes: The sea container has been removed from the Garden.

Correspondence: Out - Account for monies owing sent to G Tonkin.

In: Copy of letter sent to Hon David Grills MLC from Minister for Housing re garden site – tabled.

Motion: That the correspondence in be received and out be endorsed.

Moved M Whitehead Seconded A Vickers Carried

Business Arising from the Correspondence: No response received to date from G Tonkin.

Treasurer’s Report: As per bank statement Balance at bank 25 February 2015 is $1864.29.

General Business:

A concerted effort was made to encourage new membership. 1000 flyers were distributed in the area, with pick up flyers put in local shops. An article was published in the Esperance Express.

Kim: In response to Kim’s request, the railway pedestrian crossovers were widened. Kim followed up with note of appreciation.

New section of footpath on Sims Street has been sealed, but still lacks definition to separate it from the road.

Amy: Discussion on litter problem – follow through with AdoptASpot.

Invite Warren Harvey to be an advisor to the Committee, and include thanks for the continued use of the Gumtree premises.

With input from Paul Griffiths and Rose Riley (ERF) initiate tree planting. Liaise with Shire for suitable locations.

Mary: officially resigns from NCPA and wishes the Association much success in the future.

Shelley Napijalo: representing BOICO explained her role in ‘Partners in Recovery’, an initiative of the Department of Health. Shelley is interested in encouraging community-led events which could be encouraged and supported by her organisation.

There being no further business, the meeting was closed at 6.55pm.

Next meeting, Monday 13 April, 6pm at the Gumtree Centre.

Signed: …………………………………………

Chairman

Ordinary Council: Agenda

28 April 2015 Page 347

Item: 13.2

Valuation of Shire of Esperance Art Collection

Author/s	Jayne Arnold	Library and Culture Coordinator
	Matthew Scott	Chief Executive Officer
Authorisor/s	Rod Hilton	Executive Manager Community Division

File Ref: D15/7800

Applicant

Arts Collection Advisory Committee

Location/Address

Internal

Executive Summary

That Council considers a recommendation from the Arts Advisory Committee to value the Shire of Esperance Art Collection for insurance purposes.

Recommendation in Brief

Committee Recommendation – That Council accepts the valuations as listed in the current Shire of Esperance Arts Collection Catalogue.

Officer Recommendation – That Council undertakes a desk top valuation of the Shire of Esperance Arts Collection by an accredited Art Valuer.

Background

Council’s Asset Management process requires a valuation of the Shire of Esperance Art Collection for insurance purposes.

In November 2014 Council endorsed the 71 artworks listed in the “Shire of Esperance Art Collection Catalogue” as the Shire of Esperance Art Collection (SEAC). Catalogue details include an insurance amount for each artwork.

The current Art Collection Policy (COMM 004) states that “the Shire of Esperance ensures that the Collection is subject to regular valuation and appropriate insurance.” A valuation is required to address the Policy and Asset Management purposes.

Officer’s Comment

There is no evidence as to how the insurance amounts listed in the current SEAC catalogue were determined or that the amounts correctly reflect the value of the Collection. There is some apprehension from staff over the basis of the valuations, given that no committee members have expertise in this matter. It is possible that some art works may be more valuable than estimated. Only an accredited art valuer would have the knowledge required to accurately assess the collection.

The Committee has debated the options available to value the Shire Art Collection and has considered engaging the services of a professional art valuer to Esperance.

The following quotes were obtained:

1. Doug Sheerer, Accredited Art Valuer, Gallerie Dusseldorf $3600

2. Seva Frangos, Accredited Art Valuer, Seva Frangos Art $8000 (approx.)

The quote provided by Doug Sheerer is for a ‘desk top’ valuation of the catalogued art pieces whereas Seva Frangos was not prepared to provide a ‘desk top’ quote and prefers to assess that actual art pieces.

The committee has determined that the current listed value of the works in the catalogue is sufficient for insurance purposes and that at this stage there would be no added value from a site visit by a professional valuer.

The following options are available to Council:

Option 1

Refer this matter back to the committee for further review

Option 2

Endorse a ‘desk top’ valuation of the collection as proposed by accredited Art Valuer at an estimated cost of $3,600

Option 3

Endorse an on site valuation of the collection as proposed by accredited Art Valuer at an estimated cost of $8,000 plus disbursements.

Option 4

Accept the Committee recommendation and adopt the valuations as provided in the Shire of Esperance Art Collection Catalogue.

The Arts Collection Advisory Committee has recommended to accept the existing artwork valuations, however the current minutes provide no explanation for this decision, given two options (accept the current valuations or seek a professional art valuation) were provided to the committee. Obviously there is an immediate financial saving to Council in adopting this recommendation, as effectively no further actions will be necessary.

Alternatively, Council should also consider that Art Valuation can be extremely difficult, and it as previously noted, the Committee does not have expertise in this area. Likewise Council should consider that the primary basis for this matter is to determine insurance value for this art work (currently valued at $43,660), and there is no current understanding how the current valuations were initially determined.

The majority of these pieces have been acquired over many years, and does include locally recognised artists. Council needs to be able to justify any valuation, both to local residents and ratepayers, but also to external parties, such as insurers and auditors, to ensure appropriate insurance coverage and that all Shire’s assets area reasonably reported.

Given the above points, Officers believe that Council should also consider the option to undertake at least a desk top valuation of the art collection. There are funds currently available, the valuation will be independent, and remove any uncertainty regarding the true value of the Shire’s Art Collection.

Consultation

N/A

Financial Implications

Should Council decide to seek a professional valuation of the art collection there are sufficient funds available in the current financial year Asset Management Budget to accommodate the quoted cost of either a desk top or onsite valuation.

Asset Management Implications

Council’s Asset Management process requires a valuation of the SEAC.

Statutory Implications

N/A

Policy Implications

COMM 004 Art Policy Management, point 3 states that The Shire of Esperance ensures that the Collection is subject to regular valuation and appropriate insurance

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Facilitate and promote arts and cultural activities for all ages

A variety of arts and cultural activities which can be exhibited and pursued by local and visiting patrons

Economy

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

Environmental Considerations

N/A

Attachments

SEAC Catalogue List

Committee Recommendation

That Council accepts the valuations as listed in the current Shire of Esperance Art Collection Catalogue.

Officers Recommendation

That Council undertake a desk top valuation, by an accredited Art Valuer, of the current Shire of Esperance Art Collection Catalogue.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 357

Item: 13.3

Museum Budget Recommendations 2015/2016

Author/s	Jayne Arnold	Library and Culture Coordinator
Authorisor/s	Rod Hilton	Executive Manager Community Division

File Ref: D15/7814

Applicant

Esperance Museum Management Committee

Location/Address

Internal

Executive Summary

Review of the Museum operating budget for the 2015/2016 financial year

Recommendation in Brief

That Council considers the following budget adjustments for the Esperance Museum Management for the 2015/2016 Financial Year:

1. The Administration Expenses sundry supplies and expenses budget be increased from $7,500 to $8,000 to cover rising costs of general materials;

2. The Program and Events sundry supplies and expenses budget be increased from $8,000 to $9,850 to cover the program as outlined by the curator;

3. That all other budget amounts remain the same; and

4. The current Museum entry fees are retained for the next financial year;

Background

The Museum Management committee has reviewed the current budget and have determined that adjustments to the budget are required for the 2015/2016 financial year.

To keep in line with increasing operational costs the committee suggests an increase to the sundry supplies and expenses accounts. It is hoped that proposed improvements to the Museum displays and increasing cruise ship visits will attract greater patronage of the Museum during the next financial year.

The curators report detailing the requirements for the Program and Events budget is attached.

Officer’s Comment

The committee held an in-depth discussion on the budget and supports the following recommendations for inclusion into the budget deliberation process for the next financial year. The Committee has requested restoration of the Travel and Accommodation budget to $3,000 to enable volunteers and the Curator to attend training and conference opportunities to advance their knowledge of museum collection management. The amount was reduced from $3,000 to $1,000 during the budget review process. The committee recommendation to retain all other budget amounts has been removed in the Officers Recommendation as other departments – IT, Building Maintenance and Asset Management are also required to submit budgets for Council consideration.

Item	2014/2015 Budget (as amended)	Actual April 2015	2015/2016 Proposed Budget	Variation
Sundry Supplies and Expenses	$7,500	$5,400	$8,000	$500
Advertising and Promotions	$2,000	$450	$2,000
Travel and Accommodation	$1,000	$0	$3,000	$2,000
Programs and Events	$8,000	$6,900	$9,850	$1,850
Honorariums	$10,000	$7,500	$10,000
Admission	-$45,000	-$37,000	-$45,000

Consultation

N/A

Financial Implications

The financial implications will be an additional $4,350 (15%) required for the Museum budget.

Asset Management Implications

	Capital	Annual	Comments
Capital	$7,200
Interest (economic cost)		$288	4% pa
Depreciation (ongoing costs)		$1,028	Over 7 years
Maintenance (ongoing cost)		$0	Including operational costs
Total		$1,316	Per year

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Facilitate and promote arts and cultural activities for all ages

A variety of arts and cultural activities which can be exhibited and pursued by local and visiting patrons

Corporate Business Plan 2013/2014 – 2016/2017

Manage the Museum

Environmental Considerations

N/A

Attachments

Program and Events Curators Report

Committee Recommendation

That Council considers the budget adjustments for the Esperance Museum Management for the 2015/2016 Financial Year:

1. The sundry and supplied budget be increased to $8,000 to cover rising costs of general materials;

2. The Program and Events budget be increased to $9,850 to cover the program as outlined by the curator;

3. That all other budget amounts remain the same; and

4. Retains the current Museum entry fees for the next financial year.

Officers Recommendation

That Council considers the following budget recommendations during the 2015/16 annual budget deliberations:

1. The Administration Expenses sundry supplies and expenses budget is increased from $7,500 to $8,000 to cover rising costs of general materials;

2. The Program and Events sundry supplies and expenses budget is increased from $8,000 to $9,850 to cover the program as outlined by the curator;

3. That the Travel and Accommodation budget is restored to its former amount of $3,000;

4. That the current Museum entry fees of $6/adult; $2/child; $5/concession/senior/group member for the next financial year are retained.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 362

Item: 13.4

Nominations for positions on Esperance Roadwise Committee

Author/s	Rebecca Warren	Administration Assistant
Authorisor/s	Gavin Harris	Director Asset Management

File Ref: D15/8040

Applicant

Esperance Roadwise Committee

Location/Address

Shire of Esperance

Executive Summary

For Council to adopt the new Committee representatives for the Esperance Roadwise Committee.

Recommendation in Brief

That Council accepts the nominations for the representatives of the Roadwise Committee as per the recommendation made by the Roadwise Committee on Monday 23 March 2015.

Background

The role of the Esperance Roadwise Committee is to contribute to a coordinated approach to reduce the amount of road deaths and serious injuries in the Shire of Esperance. The Committee is responsible for advising the Shire of Esperance on all matters relating to –

· To coordinate and/or develop programs and projects that addresses the cornerstones of the WA Road Safety Strategy.

· To encourage safe use of the road network by motorists, pedestrians and cyclists

· To raise community awareness of road safety issues in the Shire of Esperance.

· To develop and/or promote the submission of funding applications for the road safety initiatives.

· To improve road safety through education and behavioral change in the Shire of Esperance.

Should the membership of a Committee member cease due to the person no longer holding office by virtue of which they became a member, the Committee requires a new representative to be nominated from the organisation of which the previous member was represented.

Officer’s Comment

The following recommendation was made by the Esperance Roadwise Committee meeting held 10.30am, Monday 23 March 2015 –

That the Esperance Roadwise Committee recommend Council accept the nominations for the following representatives for the Esperance Roadwise Committee:

1) Sgt James Reid - Esperance Police Station

2) Skye Miller - Main Roads WA

3) Tiffany Brown - WALGA

Consultation

Esperance Roadwise Committee

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are contained within Subdivision2, Division 2, Part 5 of the Local Government Act 1995.

Policy Implications

This item is in accordance with Council Policy EXEC 001: Council Committee Terms of Reference, the Shire of Esperance Standing Orders Local Law and each individual committees adopted Terms of Reference.

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Environmental Considerations

Nil

Attachments

b.	Nomination - Roadwise Committee - Main Roads Representative
c.	Nomination - Roadwise Committee - WA Police Representative
d.	Nomination - Roadwise Commitee - WALGA representative

Officer’s Recommendation

That Council accept the nominations for the following representatives to become members of the Esperance Roadwise Committee:

1) Sgt James Reid - Esperance Police Station

2) Skye Miller – Main Roads WA

3) Tiffany Brown - WALGA

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 April 2015 Page 366

From:Tiffany Brown[SMTP:TBrown2@walga.asn.au]

To:Rebecca Warren[SMTP:Rebecca.Warren@esperance.wa.gov.au]

Received-Date:8/4/2015

Received-Time:10:47 AM

Sent-Date:8/4/2015

Sent-Time:10:47 AM

Subject:Fwd: Road Safety Advisor (Goldfields-Esperance)

TRIM-Embedded:Name="image001.png",Extension="png",Size="16584",EncodedOffset="00000773",EncodedSize="22692"

Hi bec,

Please see email below.

Tiff

-------- Original Message --------

Subject: Road Safety Advisor (Goldfields-Esperance)

From: Terri-Anne Pettet <tpettet@walga.asn.au>

To: Tiffany Brown <TBrown2@walga.asn.au>

CC:

Dear Tiffany

Please provide this email to the Shire of Esperance as confirmation that you are the appointed Road Safety Advisor for the Goldfields-Esperance region and as such I am pleased to recommend (for Council approval) that you replace Andrea Lambert as the WALGA RoadWise Program’s representative to the Esperance RoadWise Committee.

Thanks

Terri-Anne

Terri-Anne Pettet | Manager RoadWise Program | WALGA RoadWise Program

(p) (08) 9213 2011 | (m) 0417 982 046 | (f) (08) 9213 2555 | (e) tpettet@walga.asn.au<mailto:tpettet@walga.asn.au>

[cid:image001.png@01D07229.27A16AA0]

www.walga.asn.au<http://www.walga.asn.au/> www.roadwise.asn.au<http://www.walga.asn.au/>

This email is private and confidential. If you are not the intended recipient, please advise us by return email immediately, and delete the email and any attachments without using or disclosing the contents in any way. The views expressed in this email are those of the author, and do not represent those of the Association unless this is clearly indicated. You should scan this email and any attachments for viruses. The WA Local Government Association accepts no liability for any direct or indirect damage or loss resulting from the use of any attachments to this email.

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	Sarah Fitzgerald	Trainee Administation Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

a.	Minutes - Arts Collection Advisory Committee - 10 March 2015
b.	Minutes - Esperance Museum Management Committee -1 April 2015
c.	Minutes - Esperance Twin Towns Committee - 9 March 2015
d.	Minutes - Esperance Roadwise Committee - 23 March 2015