Ordinary Council: Agenda

23 February 2016                                                                                                                          Page 1

 

 

 

 

 

 

 

11 February 2016

 

 

 

 

 

Shire of Esperance

 

 

Ordinary Council

NOTICE OF MEETING AND AGENDA

 

An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 16 February 2016 commencing at 1pm to brief Council on the matters set out in the attached agenda.

 

An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 23 February 2016 commencing at 4pm to consider the matters set out in the attached agenda.

 

W M (Matthew) Scott

Chief Executive Officer

 


Ordinary Council: Agenda

23 February 2016                                                                                                                          Page 2

 

 

 

 

 

 

DISCLAIMER

 

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

 

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

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

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

      

ATTACHMENTS

 

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

 

 


Ordinary Council: Agenda

23 February 2016                                                                                                                          Page 3

 

Shire Logo~Transparent Background.gifDisclosure of Financial, Proximity or Impartiality Interests

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

Agenda Briefing ¨            Ordinary Council Meeting ¨                    Both Meetings  ¨

Name of Person Declaring the Interest:

Position:                                                             Date of Meeting:

This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

 

Signature:                                                                   Date:

Office Use Only:

Entered into interest Register:                                            

                                                                          Officer                                          Date

 

 


Ordinary Council: Agenda

23 February 2016                                                                                                                          Page 4

 

Shire Logo~Transparent Background.gifDeclaration 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

23 February 2016                                                                                                                          Page 7

 

 

 

TABLE OF CONTENTS

 

 

1.         OFFICIAL OPENING   9

2.         ATTENDANCE  9

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  9

4.         APPLICATIONS FOR LEAVE OF ABSENCE  9

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   9

6.         DECLARATION OF MEMBERS INTERESTS  9

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  9

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  9

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  9

7.         PUBLIC QUESTION TIME  10

8.         PUBLIC ADDRESSES / DEPUTATIONS  10

9.         Petitions  10

Nil

10.      CONFIRMATION OF MINUTES  10

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   11

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  11

12.1   External Services - Statutory Division   11

12.1.1    Draft Local Planning Policy - Second-hand Dwellings  11

12.2   External Services - Commercial Division   19

Nil

12.3   External Service - Community Division   20

12.3.1    Community Grants Program 2016-2017  20

12.3.2    Appointment of Community Members to Council Committees  46

12.4   Asset Management  51

Nil

12.5   Corporate Resources  52

12.5.1    Policies Review - Asset Management 52

12.5.2    Lease - Esperance Pony Club & Esperance Equestrian Club - Reserve 31708  55

12.5.3    Auditor Appointment 58

12.5.4    Fire Recovery and Relief Expenditure  60

12.5.5    Financial Services Report - January 2016  62

12.6   Executive Services  128

12.6.1    Amendment to the Delegated Authority Register 2015/16  128

12.6.2    Information Bulletin - February 2016  134

13.      Reports Of Committees  149

Nil

14.      Motions of which Notice has been Given   149

Nil

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  149

16.      URGENT BUSINESS APPROVED BY DECISION   149

17.      MATTERS BEHIND CLOSED DOORS  149

18.      PUBLIC QUESTION TIME  149

19.      CLOSURE  149

 

 


Ordinary Council: Agenda

23 February 2016                                                                                                                          Page 9

 

 

SHIRE OF ESPERANCE

 

AGENDA

 

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON
23 February 2016

COMMENCING AT 4pm

 

 

1.       OFFICIAL OPENING

 

2.       ATTENDANCE

 Members

Cr V Brown                                      President                  Rural Ward

Cr N Bowman                                  Deputy President     Rural Ward

Cr J Parsons                                                                     Town Ward

Cr P Griffiths                                                                    Town Ward

Cr K Hall                                                                           Town Ward

Cr L McIntyre                                                                   Town Ward

Cr R Padgurskis                                                               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 M Walker                                     Acting Director Asset Management

Mr T Sargent                                    Director External Services

Mrs H Hall                                         Executive Assistant

Miss S Fitzgerald                              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

 

 

10.     CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 27 January 2016, and the Special Council Meeting of the 2 February 2016 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  

Draft Local Planning Policy - Second-hand Dwellings

Author/s

Richard Hindley

Executive Manager - Statutory Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/3797

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider the preparation of the Local Planning Policy: Second-hand Dwellings under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

 

Recommendation in Brief

That Council prepare the Local Planning Policy: Second-hand Dwellings as per Attachment A in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

 

Background

Amendment No. 20 to Local Planning Scheme was initiated at the January 2016 Ordinary Meeting of Council. This amendment introduces development control for Second-hand Dwellings that were exempted from approval with the introduction of the Planning and Development (Local Planning Schemes) Regulations 2015.

 

The draft Local Planning Policy (Attachment A) has been developed to be consistent with the provisions of Amendment No. 20 and will replace the Local Planning Policy: Second-Hand Transportable Dwellings (Attachment B) on adoption.

 

Local Planning Policy: Second-Hand Transportable Dwellings was last amended after the gazettal of Local Planning Scheme No. 23 in 2010 (O0510-1462).

 

Officer’s Comment

The draft policy applies across the Shire of Esperance with the following exceptions:

 

·  Lots located within Special Control Area 2A and 2B - Flinders Residential Development as Clauses 6.3.11(a) and 6.4.11(a) of Local Planning Scheme No. 23 both state “no new, relocated or jinkered transportable dwellings are permitted”.

·  Areas where a Second-hand dwelling is considered “development for which development approval is not required under Regulation 61 of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015”.

 

Second Hand Dwellings are not permitted within the Flinders Residential Development due to a specific provision contained in Special Control Areas 2A and 2B of Local Planning Scheme No. 23.

 

In areas where the R-Codes apply and other development standards are met Second-hand Dwellings are currently considered development that does not require development approval. This exemption will exist until the gazettal of Amendment No. 20.

 

The policy applies the following standards:

 

·  A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

·  The void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials as approved by the local government.

 

Conditions that will be applied to this form of development will cover:

 

·  The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

·  The provision of landscaping and/or screening of the building and/or site; and

·  The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

 

It should be noted that the current Local Planning Policy: Second-Hand Transportable Dwellings will continue to be in force until the draft policy is finalised.  The Local Planning Policy: Second-Hand Transportable Dwellings will be revoked in accordance with Regulation 6(a)(ii) of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015.

 

Consultation

As this policy is being adopted under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 the policy will be advertised not less than 21 days before being brought back to Council for adoption with or without modification in light of any submissions received.

 

Statutory Implications

Division 2 of Part 2 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)

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 Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

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

 

 

Attachments

a.

Draft Local Planning Policy: Second-hand Dwellings

 

b.

Exisiting Local Planning Policy: Second-Hand Transportable Dwellings

 

 

 

Officer’s Recommendation

That Council prepare the Local Planning Policy: Second-hand Dwellings as per Attachment A in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 14

 

 

Policy Name:

LOCAL PLANNING POLICY: SECOND-HAND DWELLINGS

Objective:

To provide a framework for the assessment of proposed second-hand dwellings in the Shire of Esperance.

Key Words:

Second-Hand Dwellings

Statutory Compliance:

Local Planning Scheme No. 23; Residential Design Codes; Building Code of Australia

 

 

Policy Aims:

 

To achieve a balance between promoting alternative building materials and designs whilst ensuring the local character and amenity of the area is complemented.

 

Policy Provisions:

 

This policy revokes the Local Planning Policy: Second-Hand Transportable Dwellings in accordance with Regulation 6(a)(ii) of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015.

 

Policy Application Area

 

Shire of Esperance, with the exception of lots located within Special Control Area 2A and 2B - Flinders Residential Estate Development as Clauses 6.3.11(a) and 6.4.11(a) of Local Planning Scheme No. 23 both state “no new, relocated or jinkered transportable dwellings are permitted”.

 

This policy will not apply in areas where a Second-hand dwelling is considered development for which development approval is not required under Regulation 61 of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015.

 

Application Information

 

The following information is required to be submitted to enable an assessment of the second-hand transportable dwelling proposal to be undertaken:

 

·        Completed ‘Application for Planning Approval’ form;

·        Payment of application fee in accordance with Council’s Fees & Charges Schedule;

·        Two (2) copies of the following:

o   Site plan (to scale) showing the proposed location of the dwelling on the land in relation to the lot boundaries and any existing or proposed development on-site (including car parking areas, landscaping areas, effluent disposal areas etc);

o   Floor plan(to scale) of the proposed dwelling;

o   Elevations (to scale) of the proposed dwelling;

·        Photographs of each elevation of the dwelling in it’s current location;

·        Details of the proposed improvements to the dwelling, including material types and colours.

 

Development Requirements

Where a Second-hand dwelling use is proposed it shall comply with the following in addition to any other relevant provisions of the Scheme:

 

·    A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

·    The void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials as approved by the local government.

 

When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

 

·    The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

·    The provision of landscaping and/or screening of the building and/or site; and

·    The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

 

Performance Bond

 

Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

 

The amount of such Performance Bond is provided for in Council’s Schedule Fees & Charges.

 


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 16

 

 

Policy Name:

LOCAL PLANNING POLICY:  SECOND-HAND TRANSPORTABLE DWELLINGS

Objective:

To provide a framework for the assessment of proposed second-hand transportable dwellings in the Shire of Esperance.

Key Words:

Second-Hand Transportable Dwellings

Statutory Compliance:

Local Planning Scheme No. 23; Residential Design Codes; Building Code of Australia

 

 

Policy Aims:

 

To achieve a balance between promoting alternative building materials and designs whilst ensuring the local character and amenity of the area is complemented.

 

Policy Provisions:

 

Policy Application Area

 

Shire of Esperance, with the exception of lots located within Special Control Area 2A and 2B - Flinders Residential Estate Development as Clauses 6.3.11(a) and 6.4.11(a) of Local Planning Scheme No. 23 both state “no new, relocated or jinkered transportable dwellings are permitted”.

 

Application Information

 

The following information is required to be submitted to enable an assessment of the second-hand transportable dwelling proposal to be undertaken:

 

·        Completed ‘Application for Planning Approval’ form;

·        Payment of application fee in accordance with Council’s Fees & Charges Schedule;

·        Three (3) copies of the following:

o   Site plan (to scale) showing the proposed location of the dwelling on the land in relation to the lot boundaries and any existing or proposed development on-site (including car parking areas, landscaping areas, effluent disposal areas etc);

o   Floor plan(to scale) of the proposed dwelling;

o   Elevations (to scale) of the proposed dwelling;

·        Photographs of each elevation of the dwelling in it’s current location;

·        Details of the proposed improvements to the dwelling, including material types and colours.

 


 

Development Requirements

 

The following assessment criteria applies:

 

·        All development standards as per the Local Planning Scheme No. 23 and the Residential Design Codes applicable to the uses of ‘Single House’ or ‘Grouped Dwelling’ shall be applied to any application for a second-hand transportable dwelling.

·        For all second-hand dwellings that are brought into or moved from one site to another location on a lot greater than 10ha within the Shire, the following standards for external building materials and style will apply:

o   A building not originally located within the Shire of Esperance that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

o   All asbestos roofs are to be removed prior to relocation irrespective of condition.

o   The void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

·        For all second-hand dwellings that are brought into or moved from one to another location on a lot less than 10ha within the Shire, the following standards for external building materials and style will apply:

o   A building not originally located within the Shire of Esperance that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated into the Shire until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

o   All asbestos roofs are to be removed prior to relocation irrespective of condition.

o   Within a townsite, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered or have an approved finish as determined by the Manager Planning Services. If a corner site is involved, the calculation will be based on the longer street.  Materials used in conjunction with brick and approved texture coated materials must be new and may be timer, natural or simulated and applied to recognised composite construction standards. If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

o   If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

o   Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

 


 

Performance Bond

 

In order to ensure that second-hand transportable dwellings are upgraded, a condition of Planning Approval will be that a Performance Bond will be required to be paid prior to the issuance of a building licence, with such Performance Bond only being returned upon satisfactory compliance with Planning Approval and Building Licence conditions.

 

The amount of such Performance Bond is provided for in Council’s Fees & Charges Schedule.

 

 


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23 February 2016                                                                                                                        Page 19

 

12.2   External Services - Commercial Division

Nil

 

12.3   External Service - Community Division

Item: 12.3.1  

Community Grants Program 2016-2017

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/3766

 

Applicant

Internal

 

Location/Address

Internal

 

Executive Summary

For Council to review the amended Community Grants Program guidelines and Application Form for the 2016-2017 year and advertise for applications.

 

Recommendation in Brief

That Council:

1.    Endorse the amendments to the Community Grants Program Guidelines and Application Form; and

2.    Advertise for applications for the 2016-2017 Community Grants Program during March and April 2016.

 

Background

In 2014 a review was completed of the Shire’s Community Development Fund. The revised model, the “Community Grants Program”, introduced changes to the structure and format of the grants program. Each year the grant program is reviewed for amendments in the delivery of information and in the format of the funding programs.

Officer’s Comment

Feedback is received from community groups each year during the grant funding process. When reviewed following the last round of applications it was recognized that an explanation of the total project cost would assist and that some applicants had not supplied all relevant supporting information.

To assist, two small amendments to the application form are proposed.

1.   A notation has been added to page 14 of the guidelines explaining ‘total project cost’ means - “The project total cost is the value of all cash and non cash items within the project budget.”

2.   An additional notation reminding applicants to ensure supplementary supporting documentation is provided has been added to page 6 of the grant application – “Note: Supporting documentation is required for all applications. Please ensure that you have reviewed the Community Grants Program Guidelines prior to submitting this application for full details.”

These changes are very minor but will provide additional clarity.  No other changes have been identified during the past year.

Financial Implications

The amount distributed through the Community Grants Program is at the discretion of Council through the 2016/2017 Budget deliberations and will not be affected by the proposed additions in the Guidelines and Application form.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Encourage and support volunteers and community groups

Active and growing volunteer and community groups

 

Corporate Business Plan 2015/2016 – 2018/2019

Manage the Community Grants Program

 

 

Attachments

a.

2016-2017 Community Grants Program Guidelines

 

b.

2016-2017 Community Grants program Application Form

 

c.

2016-2017 Community Grants Program Application Form - Support Category

 

 

 

Officer’s Recommendation

That Council

1.    Endorse the amendments to the Community Grants Program Guidelines and Application Form; and

2.    Advertise for applications for the 2016-2017 Community Grants Program during March and April 2016.

Voting Requirement                       Simple Majority

 


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Item: 12.3.2  

Appointment of Community Members to Council Committees

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D15/29572

 

Location/Address

Internal

 

Executive Summary

Council is required to review nominations and appoint community members to its Advisory and Management Committees.

 

Recommendation in Brief

That Council appoints nominated community members to its advisory and management committees in accordance with its Committee Terms of Reference and continues to seek nominations to fill vacant positions.

 

Background

At a Special Meeting of Council held on 10 November 2015 Council reviewed its Advisory and Management Committee requirements and appointed elected members to vacant positions. Following this review nominations to fill the community member positions were called for via advertising in Council Connections on 20th November and letters to former members of Council committees. Nominations closed Friday December 4th 2015.

 

The committees and committee positions to be filled are as follows:

1.   Greater Sports Ground Redevelopment Committee

                   1 representative of Esperance Districts Agricultural Society

                   1 representative of Indoor Sports Stadium Management Committee

                   5 (up to) representatives of the community

 

2.   Lake Monjingup Community Development Group

1 representative of Esperance Regional Forum

5 (up to) representatives of the community

 

3.   Esperance Museum Management Committee

4 representatives of Esperance Bay Historical Society

1 representative of Esperance Mechanical Restoration Group

1 representative of Tourism Esperance

1 representative of Esperance Family History Society

1 representative of the community

 

4.   Esperance Twin Towns Committee

1 representative of Esperance Senior High School

1 representative of Anglican Community School

1 representative of Esperance Lions Club

4 (up to) representatives of the community

 

 

5.   Off Road Vehicle Working Group

Coastal, Marine and Water Program Leader South Coast NRM

1 representative of Esperance Police

1 representative of Department of Parks and Wildlife

1 representative of Esperance Tjaltjraak Native Title Aboriginal Corporation

4 representatives of the community

 

Officer’s Comment

Following advertising, phone calls, and letters to former members of Council Committees the following nominations have been received:

 

Greater Sports Ground Redevelopment Committee

                   Esperance Districts Agricultural Society                        Ewin Stewart

                   Indoor Sports Stadium Management Committee            Graham Mackenzie

Representatives of the community                                David Rigney

Lesa Blackham

Carmel Creed

 

Lake Monjingup Community Development Group                  

Representatives of the community                                 Kylie Bishop (verbal)

                                                                                                         Mike Gibbs                                                                                                                                      Coral Turley

                                                                                                         Carolyn Aylott

Esperance Museum Management Committee                         

Esperance Bay Historical Society                                  Beverley Drabik

                                                                                      John Guest

                                                                                      Sylvia Boast

                                                                                      Brendan Freeman

                   Esperance Mechanical Restoration Group                    Kevin Young

Esperance Family History Society                                 Glenys Gilpin

                   Community Representative                                           Jean Handley

 

Esperance Twin Towns Committee

Esperance Senior High School                                      Cathy Bamblett

Esperance Lions Club                                                   Phil Jones

Representatives of the community                                Amanda Thomas

                                                                                      Catherine Davies

                                                                                      Karine Baillet

                                                                                      Anaelle Donjio

 

Off Road Vehicle Working Group

Esperance Police                                                          Snr Sgt Richard Moore

                                                                                      Deputy Jenni Sara (verbal)

Department of Parks and Wildlife                                  Rob Blok (email)                     

Esperance Tjaltjraak Native Title Aboriginal Corp          Gail Reynolds Adamson

Representatives of the community                                Jessica Jolley (verbal)

                                                                                      Brett Thorp

                                                                                      Kristy Walsh

                                                                                      Ian Hartley

                                                                                      Deputy Tim Hawkey

 

Consultation

Nominations to fill the community member positions were called for via advertising in Council Connections on 20th November and letters to former members of Council committees. This was followed up with phone calls and text messages to former committee members that had not responded.

 

Statutory Implications

The statutory implications associated with this item are:

Local Government Act 1995 s.5.10 Appointment of committee members

Local Government Act 1995 s.511A Deputy committee members

Local Government Act 1995 s. 511 Tenure of committee membership

Standing Orders Local Law

Code of Conduct

Terms of Reference

 

Strategic Implications

Strategic Community Plan 2012 – 2022

Civic Leadership

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.1.1 Facilitate Councillors requirements to represent the community.

 

Attachments

Nil

 

Officer’s Recommendation

That Council:

1.   Appoints the following persons to the following committees:

Name

Committee

Representing

Ewin Stewart

Greater Sports Ground Redevelopment Committee

Esperance Districts Agricultural Society

Graham Mackenzie

Greater Sports Ground Redevelopment Committee

Indoor Sports Stadium Management Committee

David Rigney

Lesa Blackham

Carmel Creed

Greater Sports Ground Redevelopment Committee

Community

Kylie Bishop

Mike Gibbs

Coral Turley

Carolyn Aylott

Lake Monjingup Community Development Group

Community

Beverley Drabik

John Guest

Sylvia Boast

Brendan Freeman

Esperance Museum Management Committee

Esperance Bay Historical Society

Kevin Young

Esperance Museum Management Committee

Esperance Mechanical Restoration Group

Glenys Gilpin

Esperance Museum Management Committee

Esperance Family History Society

Jean Handley

Esperance Museum Management Committee

Community

Cathy Bamblett

Esperance Twin Towns Committee

Esperance Senior High School

 

Phil Jones

Esperance Twin Towns Committee

Esperance Lions Club

 

Amanda Thomas

Catherine Davies

Karine Baillet

Anaelle Donjio

Esperance Twin Towns Committee

Community

Richard Moore

Deputy Jenni Sara

Off Road Vehicle Working Group

Esperance Police

Rob Blok

Off Road Vehicle Working Group

Department of Parks and Wildlife

Gail Reynolds-Adamson

Off Road Vehicle Working Group

Esperance Tjaltjraak Native Title Aboriginal Corporation

Jessica Jolley

Brett Thorp

Kristy Walsh

Ian Hartley

Deputy Tim Hawkey

Off Road Vehicle Working Group

Community

And

2.   Requests the CEO to continue seeking nominations to fill the remaining vacancies:

Vacancies

Committee

Representing

2 x Vacancies

Greater Sports Ground Redevelopment Committee

Community

1 x Vacancy

Lake Monjingup Community Development Group

Esperance Regional Forum

1 x Vacancy

Lake Monjingup Community Development Group

Community

1 x Vacancy

Esperance Museum Management Committee

Tourism Esperance

1 x Vacancy

Esperance Twin Towns Committee

Anglican Community School

 

Voting Requirement                       Absolute Majority

  


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 49

 

12.4   Asset Management

Nil

 

12.5   Corporate Resources

Item: 12.5.1  

Policies Review - Asset Management

Author/s

Rebecca Warren

Administration Officer

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D15/26965

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to review the section of the Policy Manual that relates to Asset Management.

 

Recommendation in Brief

That Council accept amendments to the Asset Management section of the Policy Manual as reviewed.

 

Background

A review of the Council Policy Manual is recommended for every 2 years, in line with Council elections, to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

 

Officer’s Comment

The following is a summary of recommended amendments to the existing Asset Management section of the Council Policy Manual (see Attachment A for details);

Policy Name

New Ref No.

Recommended Amendment

ENG 001: Event Traffic Management

-

Remove – not required.

ENG 002: Private  Connections to Shire Drainage

ASS 002

Update to current names and titles.

Changes to some wording to match current practices, guidelines and standards.

ENG 003: Water Pipe & Power Line Ducting Under Roads

-

Remove – not required – can be done under private works.

ENG 004: Footpath Construction

ASS 004

Policy being rewritten.

Name of Policy changed to ‘Crossover Construction’.

ENG 005: Property Owners Contribution to Underground Power

ASS 005

Change ‘Council’ to ‘the Shire’.

ENG 006: Permanent Road Closures

ASS 006

Change ‘Council’ to ‘the Shire’.

Additional bullet point regarding native vegetation offsets/land swaps.

ENG 007: Purchase and Placement of Memorial Seats

ASS 007

 

Update to current names and titles.

 

 

ENG 008: Road Verge Development

 

ASS 008

Remove statement of intent – covered under objective.

Remove item 3 under associated procedure and move to ‘Treatment Two – Garden’ item 5.

Addition of fifth permissible treatment – Verge Stabilisation

ENG 009: Timber Harvesting on Roadsides

-

Remove – unnecessary. Timber harvesting in road reserved should not be permitted.

ENG 010: Mineral Exploration within Road Reserves

ASS 010

Addition of current standards and Code of Practice for Traffic Management purposes and guidelines regarding drill holes in road reserve.

Update to current names and titles.

Remove prescriptive descriptions regarding Private Works on costs.

ENG 011: Fire Management – Roadside Burning

STA 018

Will be included in Statutory Division Policy Review.

ENG 012: Designated Special Environmental Areas

ASS 012

Update to current title of Director.

ENG 013: Sanitation and Recycling

STA 020

Will be included in Statutory Division Policy Review.

ENG 014: Delegated Authority to Approve Off-Site Signage on Main Road

ASS 014

Change ‘Council’ to ‘the Shire’

ENG 015: Flinders Estate engineering standards for residential development

-

Policy no longer required – Covered in ASS 016

ENG 016: Guidelines for Subdivisional Development

ASS 016

Remove prescriptive descriptions regarding Regional Road Development Strategy.

Change ‘Council’ to ‘the Shire’

ENG 017: Esperance Tanker Jetty Use

-

Remove – Policy no longer required due to permanent closure of the tanker jetty.

ENG 018: On-Farm Drainage

ASS 018

Change to reflect approval requirements and minimum sizing of pipes.

ENG 019: Street Tree Policy

ASS 019

Update to current names and titles.

Remove prescriptive description regarding street tree planting and change to reflect utility providers Code of Practice.

Additional section regarding non sufficient reasons for tree pruning.

CORP 006: Commercial Wildflower Harvesting

ASS 020

Changes to reflect updated department name.

CORP 008: Asset Management

ASS 021

Policy removed from Corporate Services.

Policy rewritten to reflect current practices.

DEV-BS 007: Esperance Rural Public Toilet Cleaning

ASS 022

Policy redirected from Building Services to Asset Management.

 

Consultation

Shire Directors

Manager Asset Operations

Manager Asset Development

Manager Asset Planning

 

Statutory Implications

Local Government Act 1995 s.2.7(2)(b) ‘determine the local government’s policies.’

Local Government Act (Functions and General) Regulations 1996

 

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

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.14 Coordinate the review of Policy Manual.

 

Attachments

a.

Asset Management Policies Review - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council endorse the Asset Management section of the Policy Manual inclusive of amendments and deletions as reviewed.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 52

 

Item: 12.5.2  

Lease - Esperance Pony Club & Esperance Equestrian Club - Reserve 31708

Author/s

Rebecca Warren

Administration Officer

Authorisor/s

Shane Burge

Director Corporate Resources

 

Jennifer Parry

Manager Corporate Support

 

File Ref: D15/27380

 

Applicant

Esperance Pony Club (Inc) and Esperance Equestrian Club (Inc)

 

Location/Address

Reserve 35037, Loc 1946 & 2033, Myrup Road

Executive Summary

For Council to consider allowing Esperance Pony Club (Inc) and Esperance Equestrian Club (Inc) to co-lease a new lease for Reserve 35037, subject to the approval of the Minister for Lands.

 

Recommendation in Brief

That Council agrees to lease a portion of Reserve 35037 to the Esperance Equestrian Club (Inc) and Esperance Pony Club (Inc), for a term of 21 years, subject to certain conditions.

 

Background

Esperance Pony Club (Inc) and Esperance Equestrian Club (Inc) have been leasing Reserve 35037 (previously Reserve 31708) since 1972. The previous lease between the Shire of Esperance, the Esperance Equestrian Club (Inc), and Esperance Pony Club (Inc), commenced on 23 August 2005 and recently expired on the 22 August 2015. The lease term was for 10 years, with no option for a further term; however the lease contains a ‘holding over’ clause which has allowed for continuation on a week to week tenancy in accordance with all other terms and conditions of the previous lease.

 

Officer’s Comment

The current lease document contains no renewal clause; therefore a new lease document is required. The Esperance Pony Club (Inc) and Esperance Equestrian Club (Inc) have requested to co-lease a new agreement for a 21 year term. The Shire has the power to lease Reserve 35037 for any term not exceeding 21 years, subject to the consent of the Minister for Lands.  The Esperance Pony Club and Esperance Equestrian Club have proven to be reputable Lessees and there have been no reasons found as to why a new lease should not be granted. 

 

Consultation

Esperance Pony Club (Inc)

Esperance Equestrian Club (Inc)

Minister for Lands

 

Financial Implications

The rent on this property will be $100.00 (ex GST) per annum. A lease preparation fee of $100.00 (ex GST) will be charged, along with reimbursement to the Shire for the cost of any legal advice (if sought).

 

The Lessee must ensure that they have Public Liability insurance for a sum no less than $20,000,000 (Twenty Million Dollars), and must take responsibility for all other insurance requirements in relation to associated risks on the property.

 

Statutory Implications

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

Local Government Act 1995 – Section 9.49A Execution of Documents

 

Policy Implications

This report relates to Council Policy COR 004: Building and Property Leases

 

Strategic Implications

Strategic Community Plan 2012 - 2022

1.4   Encourage and support volunteers and community groups

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

Action 4.5.13 Manage Shire leases and insurance

 

Attachments

Nil

 

Officer’s Recommendation

That Council agrees to lease Loc 1946 & 2033, portion of reserve 35037 to Esperance Pony Club (Inc) and Esperance Equestrian Club (Inc) subject to:

1.   The leased area being Lot 1946 and 2033, on Plan 187526 and Plan 176226, Reserve 35037, Myrup Road as described and defined in the lease document, subject to the approval of the Minister for Lands;

2.   All terms and conditions of the lease be as per Councils Standard Land Only Lease;

3.   The term of the lease be for 21 years, commencing 1 March 2016;

4.   The lease rent be $100.00 (ex GST) p.a.;

5.   Authorises the CEO to execute the lease.

Voting Requirement                       Simple Majority


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 54

 

Item: 12.5.3  

Auditor Appointment

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/4242

 

Applicant

Internal

 

Executive Summary

To appoint a person from Butler Settineri (Audit) Pty Ltd as the Shire of Esperance’s auditor.

 

Recommendation in Brief

That Council accepts Marius van der Merwe from Butler Settineri (Audit) Pty Ltd as auditor for the Shire of Esperance.

 

Background

At the Ordinary Council Meeting in December, Council resolved to appoint Butler Settineri (Audit) Pty Ltd as the Shire’s auditors for the next 5 years commencing 1 July 2015. 

However as per the Local Government Act (1995) the local government’s auditor must be a person and not a company, see Section 7.3 (3) as below:

“the local government’s auditor is to be a person who is –

(a)  A registered company auditor; or

(b)  An approved auditor.”

 

Officer’s Comment

At time of accepting an audit company for the next five years it was an oversight to not appoint a person as the auditor. To ensure correct application of the Local Government Act, this now needs to be addressed.

 

Statutory Implications

Local Government Act (1995) Section 7.3 (3)

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

 

Attachments

Nil

 

Officer’s Recommendation

That Council appoint Marius van der Merwe auditor number 404957 from Butler Settineri (Audit) Pty Ltd as auditor for the Shire of Esperance.

Voting Requirement                       Absolute Majority


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 56

 

Item: 12.5.4  

Fire Recovery and Relief Expenditure

Author/s

Shane Burge

Director Corporate Resources

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/4458

 

Applicant

Internal

 

Executive Summary

This report details the expenditure that the Shire has undertaken to date in relation to the fire recovery and relief.

 

Recommendation in Brief

That Council note the expenditure to date for the Esperance Fires 2015 fire recovery and relief.

 

Background

In late December the 2015 Esperance fire was declared a natural disaster and the Western Australian Natural Disaster Relief and Recovery Arrangements (WANDRRA) was activated.

 

The Shire President provided authorisation to the CEO to undertake unbudgeted expenditure from the municipal account for immediate recovery action related to the Esperance fires. The priority of the expenditure has been focused on ensuring the health and safety of Esperance residents impacted by the fires. 

 

Officer’s Comment

Expenditure to date has been focused around road maintenance and asbestos clean-up and disposal. List of expenditure that has been paid to date as at 8/2/16 is listed below-

 

Road Maintenance (open up roads, sand drift, etc)                $ 53,632

Asbestos consultancy on private property                              $   5,838

Asbestos removal - Scaddan Hall (insured)                             $ 38,238

Bushfire Relief Payments (Reimbursed)                                 $ 14,000

Emergency Response Information Centre                              $   2,309

Total                                                                                      $114,017

 

Purchase orders and commitments have been made and work commenced on the following-

 

Road Signage replacement (Insured)                                     $  22,098

Asbestos Removal on private property (WANDRAA)              $119,364

Total                                                                                      $141,461

 

A large portion of expenditure that is predicted to occur in the future that is fire related will be claimable, either through insurance, WANDRAA or the Lord Mayors Disaster Relief Fund.

 

 

Financial Implications

The financial implications arising from this report are as noted in the report above.

 

Statutory Implications

Emergency funding that has been approved in advance by the president under Section 6.8(1)(c) requires reporting to the next ordinary meeting of the Council as per Section 6.8(2)(b).

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Maintain a clear, transparent and ethical decision making process

Openness and transparency in Council decisions

 

Environmental Considerations

Expenditure has been focused on ensuring the health and safety of Esperance residents that have been either directly or indirectly impacted by the fires.

 

Attachments

Nil

 

Officer’s Recommendation

That Council note the expenditure to date for the Esperance Fires that has been occurred in accordance with Section 6.8(2)(b) of the Local Government Act 1995.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

23 February 2016                                                                                                                        Page 58

 

Item: 12.5.5  

Financial Services Report - January 2016

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/4665

 

 

Attachments

a.

Monthly Financial Report - January 2016

 

 

 

Officer’s Recommendation

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of January as attached be received.

Voting Requirement                       Simple Majority

 



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Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 109

 

12.6   Executive Services

Item: 12.6.1  

Amendment to the Delegated Authority Register 2015/16

Author/s

Karen Naylor

Project Reporting Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/2096

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider amending delegation 6.2 and 6.3 of the Delegated Authority Register 2015/2016 to include the newly appointed position of Coordinator Environmental Health.

 

Recommendation in Brief

That Council delegates the following Sections of the Food Act 2008 to the Coordinator Environmental Health:

s.65 (1) – prohibition order

s.66 – Certificate of clearance to be given in certain circumstances

s.67 (4) – Request for re-inspection

s.110 (1) and (5) – Registration of food business

s.112 – Variation of conditions or cancellation of registration of food business

 

Background

During the staff induction process it was noted that the recent appointment of a Coordinator Environmental Health was not recognised in the Delegated Authority Register 2015/2016. The Coordinator Environmental Health requires these delegations to be able to perform operational duties.

 

The Delegated Authority Register 2015/16 was endorsed by Council at the June 2015 OCM and amended at the July 2015 OCM.

 

Officer’s Comment

Whilst section 5.46(2) of the Local Government Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year.

 

Consultation

Manager Development Compliance

 

Statutory Implications

Local Government Act 1995

Food Act 2008

 

 

 

 

Strategic Implications

Strategic Community Plan 2012-2022

4.2               Maintain a clear, transparent and ethical decision making process

 

Corporate Business Plan 2014/2015 – 2017/2018

4.5.1.16       Review and update Delegations Register

 

 

Attachments

a.

6.2 and 6.3 Exert Delegated Authority Register 2015/16

 

 

 

Officer’s Recommendation

That Council delegate to the Coordinator Environmental Health, the following Sections of the Food Act 2008:

1.       s.65 (1) – prohibition order

2.       s.66 – Certificate of clearance to be given in certain circumstances

3.       s.67 (4) – Request for re-inspection

4.       s.110 (1) and (5) – Registration of food business

5.       s.112 – Variation of conditions or cancellation of registration of food business

Voting Requirement                                 Absolute Majority

 


Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 111

 

 

 

6.2             Prohibition orders (s.65(1), s.66 & s.67(4)

 

Function Delegated:

This text is provided as a reference only.  Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].

1)  Serve a Prohibition order on the proprietor of a food business in accordance with s65 of the Food Act 2008 (the Act)

2)  Give a Certificate of clearance, where inspection demonstrates compliance with a Prohibition order and any Improvement Notices [s66 of the Act].

3) Give written notice to proprietor of a food business on whom a Prohibition Order has been served of the decision not to give a certificate of clearance after an inspection [s67(4) of the Act].

Statutory Power being Delegated:

Food Act 2008

s.65(1) – Prohibition order

s.66 – Certificate of clearance to be given in certain circumstances

s.67(4) – Request for re-inspection

Power is originally assigned to:

Enforcement Agency (Local Government)

Statutory Power of Delegation

Food Act 2008

s.118(2)(b) – Local government (enforcement agency) may delegate a function      conferred on it

s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120]

s.118(4) – Sub-delegation only permissible if expressly provided in regulations

Power Delegated to:

Chief Executive Officer

Director External Services

Manager Development Compliance

Coordinator Environmental Health

Environmental Health Officer

Council’s Conditions on Delegation:

Nil

Statutory Power to Sub-Delegate:

Nil

Record Keeping Statement

[s5.46(3)]

A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of;

(a) how you exercised the power or discharged the duty; and

(b) when you exercised the power or discharged the duty; and

(c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

Compliance Links

Food Act 2008

Food Regulations 2009

Department of Health: Food Act 2008 Regulatory Guideline No.1:

Introduction of Regulatory Food Safety Auditing in WA

Department of Health: Food Unit Fact Sheet 8: Guide to Regulatory

Guideline No.1

Department of Health: WA Priority Classification System

Department of Health: Food Act 2008 Verification of Food Safety Program            Guideline

Delegation Administration:

 

Decision Reference

 

Decision Reference

1.

Adopted - June 2013, Resolution # O0613-012

5.

 

2.

Reviewed – May 2015, Resolution # O0515-026

6.

 

3.

 

7.

 

4.

 

8.

 

 


 

 

6.3             Registration of food business (s.110(1)(5) & S.112)

 

Function Delegated:

This text is provided as a reference only.  Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].

1)   Register a food business in respect of any premises for the purposes of Part 9 of the Food Act 2008 and issue a certificate of registration [s110(1) of the Food Act 2008 (the Act)].

2)   After considering an application, determine to grant (with or without conditions) or refuse the application [s110(5) of the Act].

3)   Vary the conditions or cancel the registration of a food business in respect of any premises under Part 9 of the Food Act 2008 [s112(1) of the Act].

Statutory Power being Delegated:

Food Act 2008

s.110 (1) and (5) – Registration of food business

s.112 – Variation of conditions or cancellation of registration of food businesses

Power is originally assigned to:

Enforcement Agency (Local Government)

Statutory Power of Delegation

Food Act 2008

s.118(2)(b) – Local government (enforcement agency) may delegate a function                                      conferred on it

s.118(3) – Delegation subject to conditions [s119] and guidelines adopted [s120]

s.118(4) – Sub-delegation only permissible if expressly provided in regulations

Power Delegated to:

Chief Executive Officer

Director External Services

Manager Development Compliance

Coordinator Environmental Health

Environmental Health Officer

Council’s Conditions on Delegation:

Nil

Statutory Power to Sub-Delegate:

Nil

Record Keeping Statement

[s5.46(3)]

A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of;

(a) how you exercised the power or discharged the duty; and

(b) when you exercised the power or discharged the duty; and

(c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.

Compliance Links

Food Act 2008

Food Regulations 2009

Department of Health: Food Act 2008 Regulatory Guideline No.1:

Introduction of Regulatory Food Safety Auditing in WA

Department of Health: Food Unit Fact Sheet 8: Guide to Regulatory

 Guideline No.1

Department of Health: WA Priority Classification System

Department of Health: Food Act 2008 Verification of Food Safety

Program Guideline

Delegation Administration:

 

Decision Reference

 

Decision Reference

1.

Adopted - June 2013, Resolution # O0613-012

5.

 

2.

Reviewed – May 2015, Resolution # O0515-026

6.

 

3.

 

7.

 

4.

 

8.

 

 


Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 115

 

Item: 12.6.2  

Information Bulletin - February 2016

Author/s

Helen  Hall

Executive Assistant

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/4239

 

Applicant

Internal

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Ensure open and consistent communication between the Shire and the community

A community who is aware of Council decisions and activities

 

Attachments

a.

Information Bulletin - February 2016

 

b.

Common Seal Register

 

c.

Register - Delegations Discharge – Corporate Resources

 

d.

Thank you - Assistance from Shire staff

 

e.

Interplan report - January 2016 - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council accepts the Information Bulletin for February 2016 including;

1.     Common Seal Register

2.     Register - Delegations Discharge – Corporate Resources

3.     Thank you – Assistance from Shire staff

4.     Interplan report – January 2016

Voting Requirement                       Simple Majority

 



Agenda Cover Page

 

 

 

Cover Page.jpg

 

 

 

 

 

 

 

 

 

Shire of Esperance

 

 

INFORMATION BULLETIN

 

 

ORDINARY COUNCIL MEETING

 

 

 

 

23 February 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SHIRE OF ESPERANCE

Index

SHIRE OF ESPERANCE    

1            Asset Management         4

1.1         Grading Report                                                                                       4

2            Statutory Division                                                                                   5

 

 

 

 

 

                                                                                                                                          


ORDINARY COUNCIL MEETING: INFORMATION BULLETIN

27 October 2015

Page 119

 



Shire of Esperance

Building Applications Approved from 1 January 2016 to 31 January 2016

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

Gazebo/Alfresco Area

29/01/2016

 15679

 G H Wheeler

Lot 49 Thompson Street

WEST BEACH  WA  6450

87 Thompson Street

WEST BEACH

Lot: 49 D: 88946

Steel

Not Specified

 23.0

 1

 5,000.00

New Building

Occupancy Permit ‑ Classes 2‑9

19/01/2016

 15995

Ryan Dixon PTY LTD T/A Dixon Construction

The Esplanade

Esperance  WA  6450

64 Windich Street

ESPERANCE

Lot: 20 Pln: 300915

14605

Brick, veneer

Steel

Concrete

 385.0

 1

New Building

Occupancy Permit ‑ Classes 2‑9

14/01/2016

 16206

 

1,802 Parmango Road

HOWICK

Lot: 2 D: 89346

Other

Steel

Timber

 270.0

 1

New Building

Factory/Workshop

14/01/2016

 16225

 Scott Contracting

Lot 42 Helms Drive

PINK LAKE  WA  6450

Myrup Road

MYRUP

Lot: 1974 Pln: 213992

Steel

Steel

 150.0

 1

 18,000.00

New Building

Dwelling ‑ Single

25/01/2016

 16239

 M B Kennaugh

Lot 41 Orana Drive

MYRUP  WA  6450

12 Addington Cross

WEST BEACH

Lot: 170 Pln: 22657

S460

Other

Steel

Concrete

 209.0

 1

 200,000.00

New Building

Garage/Shed

13/01/2016

 16245

 J G Hunt

27 Cannes Parade

CASTLETOWN  WA  6450

27 Cannes Parade

CASTLETOWN

Lot: 809 Pln: 52175

Steel

Steel

Concrete

 54.0

 1

 8,992.00

New Building

Dwelling ‑ Single

13/01/2016

 16250

 Sime Building Company Pty Ltd

52 The Esplanade

ESPERANCE  WA  6450

Shark Lake Road

MONJINGUP

Lot: 63 Pln: 36752

10158

Fibre Cement

Steel

Concrete

 250.0

 1

 500,000.00

New Building

Patio

08/01/2016

 16266

 BJT Carpentry

Lot 52 Goldfields Road

CASTLETOWN  WA  6450

Fisheries Road

MERIVALE

S/L: 29 S/P: 60076

Not Specified

Steel

Not Specified

 1

 5,000.00

New Building

Garage/Shed

22/01/2016

 16276

 Wrinkly Tin & Cladding Company Pty Ltd

3 Corry Street

ESPERANCE  WA  6450

Spencer Road

PINK LAKE

Lot: 8 Pln: 46102

Steel

Steel

Concrete

 54.0

 1

 14,000.00

New Building

Dwelling ‑ Single

28/01/2016

 16279

 R J Kyle

8 Easton Road

CASTLETOWN  WA  6450

6 Amanda Street

CASTLETOWN

Lot: 572 Pln: 14436

10881

Brick, double

Tiles (concrete tiles)

Concrete

 7.0

 1

 18,000.00

New Building

Garage/Shed

18/01/2016

 16284

 J H Sharpe

7 Westmacott Street

CASTLETOWN  WA  6450

7 Asken Turn

BANDY CREEK

Lot: 274 Pln: 69443

Steel

Steel

Concrete

 54.0

 1

 10,000.00

New Building

Pool ‑ Private

04/01/2016

 16285

T D Spain

17 Foy Street

ESPERANCE  WA  6450

55 Burton Road

CASTLETOWN

Lot: 133 Pln: 1376

Steel

Other

Other

 50.0

 3

 3,500.00

New Building

Dwelling ‑ Ancillary Accommodation

18/01/2016

 16289

 

11 Frederick Street

SINCLAIR

Lot: 57 Pln: 2446

OB/0657/11

Brick, veneer

Steel

Concrete

 155.0

 1

 200,000.00

Alterations

Retail Building

29/01/2016

 16292

 M J Scheer

Lot 16 Riche Road

WEST BEACH  WA  6450

56 Norseman Road

CHADWICK

Lot: 79 D: 36867

Steel

Steel

Concrete

 10.0

 1

 19,500.00

New Building

Retail Building

21/01/2016

 16295

FGS Contracting

Esperance  6450

69A Dempster Street ESPERANCE

Lot: 3 D: 23488

101335

Steel

Steel

Concrete

 10.0

 1

 50,000.00

Page 1 of 2


Shire of Esperance

Building Applications Approved from 1 January 2016 to 31 January 2016

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

Demolition

Industrial Building

28/01/2016

 16298

 Shire of Esperance

Windich Street

ESPERANCE  WA  6450

100 Harbour Road

CHADWICK

Lot: 320 Pln: ESPERT

Steel

Steel

 2

 9,000.00

New Building

Dwelling ‑ Single

25/01/2016

 16300

 Maguire (WA) Pty Ltd

22B Andrew Street

ESPERANCE  WA  6450

11 Wickham Close

CASTLETOWN

Lot: 1075 Pln: 400374

13090

Timber

Steel

Concrete

 227.0

 1

 284,770.00

New Building

Garage/Shed

22/01/2016

 16301

 G.J. Gardner Homes

22B Andrew Street

ESPERANCE  WA  6450

48 Woody Avenue

CASTLETOWN

Lot: 763 Pln: 400374

13090

Steel

Steel

Concrete

 70.0

 1

 22,300.00

$1,368,062.00

 18

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

Garage/Shed

21/01/2016

 16086

 P B Giles

10 Padbury Street

ESPERANCE  WA  6450

10 Padbury Street

ESPERANCE

S/L: 2 S/P: 36488

Steel

Steel

Concrete

 20.0

 1

 5,000.00

Alterations

Patio

20/01/2016

 16288

D L Rodgers

35 Harvey Street

SOUTH KALGOORLIE  WA  6430

9 Cabble Close

CASTLETOWN

Lot: 25 Pln: 21354

Steel

Concrete

 24.0

 1

 2,000.00

Alterations

Patio

19/01/2016

 16290

M C Henley

27 Gull Street

ESPERANCE  WA  6450

27 Gull Street

ESPERANCE

Lot: 204 Pln: 8296

Steel

Concrete

 74.0

 1

 10,000.00

New Building

Garage/Shed

20/01/2016

 16294

 R W Franceschi

27 Emily Street

ESPERANCE  WA  6450

11 Winston Way

NULSEN

Lot: 53 Pln: 9200

Not Specified

Not Specified

Not Specified

 1

 10,000.00

$27,000.00

 4

Total number of Building Approval Certificates (Unauthorised Structures):

Total number of Licences/Certificates Reported:

 22

$1,395,062.00

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

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

                (Manager Building Services)

Page 2 of 2

 


 

 

 

 

 


 


Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 127

 


Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 128

 


Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 130

 

  


Ordinary Council: Agenda

23 February 2016                                                                                                                      Page 132

 

13.     Reports Of Committees

Nil

 

14.     Motions of which Notice has been Given

 

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

 

 

16.     URGENT BUSINESS APPROVED BY DECISION

 

 

17.     MATTERS BEHIND CLOSED DOORS

 

18.     PUBLIC QUESTION TIME

 

 

19.     CLOSURE