Ordinary Council: Agenda

26 April 2016                                                                                                                                 Page 1

 

 

 

 

 

 

 

15 April 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 19 April 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 26 April 2016 commencing at 4pm to consider the matters set out in the attached agenda.

 

W M (Matthew) Scott

Chief Executive Officer

 


Ordinary Council: Agenda

26 April 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.

 

 


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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

 

 


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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

 

 


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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

10.      CONFIRMATION OF MINUTES  10

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   10

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  11

12.1   External Services - Statutory Division   11

12.1.1    Local Planning Scheme No. 24  11

12.1.2    Proposed Road Closure - Richardson Street, Gibson  27

12.1.3    Proposed Road Closure - Logan Street, Grass Patch  33

12.1.4    Local Planning Policy - Second-hand Dwellings  43

12.2   External Services - Commercial Division   48

12.3   External Service - Community Division   49

12.3.1    Council Committees - Amendments to Representation  49

12.3.2    Management of Thomas River Reserve 518  51

12.4   Asset Management  55

12.4.1    Scaddan Restoration Reference Group  55

12.5   Corporate Resources  60

12.5.1    Repeal of Management Practices from Policy Manual 60

12.5.2    Lease Agreement - Gibson Public Toilets  87

12.5.3    Request to extend Lease area Reserve 44921 - Esperance Mechanical Restoration Group Inc. 90

12.5.4    Reassignment of Lease - Hangar 3 Esperance Airport 96

12.5.5    New Lease - Esperance and Districts Agricultural Society  99

12.5.6    Financial Services Report - March 2016  104

 

12.6   Executive Services  105

12.6.1    Information Bulletin - April 2016  105

13.      Reports Of Committees  116

13.1   Minutes of Committees  116

13.2   Esperance Twin Towns Committee Terms of Reference  117

13.3   2016 Student Exchange Program   121

13.4   Esperance Museum Management Committee Terms of Reference  123

13.5   Museum Budget Recommendations 2016/2017  127

13.6   Lake Monjingup Community Development Group Terms of Reference  130

13.7   Lake Monjingup Reserves Redevelopment Program   134

13.8   Greater Sports Ground Redevelopment Committee Terms of Reference  150

13.9   Proposal to Investigate Temporary Soccer Venue - Overflow Camping Area  154

13.10 Request for Amendment to Greater Sports Ground Redevelopment Plan –

          Esperance Soccer Association  156

13.11 Request for Amendment to Greater Sports Ground Redevelopment Plan Stage 5  161

13.12 Noel White Pavilion Asbestos Contamination  163

13.13 Appointment of Fire Control Officers  215

13.14 Off Road Vehicle Working Group Terms of Reference  225

14.      Motions of which Notice has been Given   229

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  229

16.      URGENT BUSINESS APPROVED BY DECISION   229

17.      MATTERS BEHIND CLOSED DOORS  229

17.1   Outstanding Rates - Legal Action on Assessment 21832  229

18.      PUBLIC QUESTION TIME  229

19.      CLOSURE  229

 

 


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26 April 2016                                                                                                                                 Page 9

 

 

SHIRE OF ESPERANCE

 

AGENDA

 

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON
26 April 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

Mr R Hindley                                    Executive Manager – Statutory Division

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 22 March 2016, and the Special Council Meeting of the 5 April 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  

Local Planning Scheme No. 24

Author/s

Richard Hindley

Executive Manager - Statutory Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/3553

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

The introduction of the Planning and Development (Local Planning Schemes) Regulations 2015 has resulted in Local Planning Scheme No. 23 becoming significantly modified with numerous sections and provisions replaced with ‘deemed provisions’ that are applicable State wide. These regulations also created a new template for Schemes which is significantly different from that used in Scheme No. 23. Draft Local Planning Scheme No. 24 has been prepared and is now presented for consideration.

 

Recommendation in Brief

That Council advertises the draft Local Planning Scheme No. 24 and refers it to the EPA and the Western Australian Planning Commission.

 

Background

Under the provisions of the Planning and Development Act 2005 and Planning and Development (Local Planning Schemes) Regulations 2015 all local planning schemes are to be reviewed within six months of the five year anniversary of the date the Scheme is approved.

 

Council considered the preparation of a new Local Planning Scheme at its December Ordinary Meeting of where it was resolved (O1215-004):

That Council:

1.   Resolves to prepare a new Local Planning Scheme for the entire area within the Shire of Esperance, pursuant to Section 72(1)(a) and 88(3) of the Planning and Development Act 2005 and Regulation 19(1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.   Gives notice of the resolution to prepare a new Local Planning Scheme by publishing a notice in a newspaper circulating in the Shire of Esperance, pursuant to Regulation 20(1)(a)of the Planning and Development (Local Planning Schemes) Regulations 2015

3.   Gives notice of the resolution to prepare a new Local Planning Scheme to all adjoining local governments, each licensee under the Water Services Act 2012 likely to be affected, the Chief Executive Officer of the Department of Parks and Wildlife and all relevant public authorities, pursuant to Regulation 20(1)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015.

4.   Following advertising of the resolution to prepare a new Local Planning Scheme under Regulation 20 of the Planning and Development (Local Planning Schemes) Regulations 2015 authorises Shire officers to undertake the preparation of a new Local Planning Scheme in accordance with the procedures set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015.

Notice was given under Regulations 20(1)(a) and 20(1)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015. Following the giving of notice a new Local Planning Scheme (Confidential Attachments B and C under separate cover) was prepared in accordance with the procedures set out in the Planning and Development Act 2005 and the Planning and Development (Local Planning Schemes) Regulations 2015.

 

Officer’s Comment

The Planning and Development (Local Planning Schemes) Regulations 2015 significantly modified numerous sections and provisions of Local Planning Scheme No. 23 with a new set of uniform state wide ‘deemed provisions’ being applicable without being incorporated into the Scheme. These regulations also created a new template for Schemes which is significantly different from that used in Local Planning Scheme No. 23. Draft Local Planning Scheme No. 24 has been prepared and is now presented for consideration.

 

The purposes of the Scheme are to:

(a)     set out the local government’s planning aims and intentions for the Scheme area; and

(b)     set aside land as local reserves for public purposes; and

(c)     zone land within the Scheme area for the purposes defined in this Scheme; and

(d)     control and guide development including processes for the preparation of structure plans, activity centre plans and local development plans; and

(e)     set out procedures for the assessment and determination of development applications; and

(f)     set out procedures for contributions to be made for the costs of providing infrastructure in connection with development through development contribution plans; and

(g)     make provision for the administration and enforcement of this Scheme; and

(h)     address other matters referred to in Schedule 7 of the Act.

 

To meet the purposes of the Scheme the aims of the Scheme are to:

(a)     ensure there is a sufficient and sustainable supply of serviced and suitable land for housing, commercial activities, community facilities, recreation, and open space;

(b)     support such expansion as is consistent with the provision and improvement of infrastructure, services and facilities;

(c)     provide for a range of accommodation choices that meets the needs and aspirations of the community;

(d)     provide for convenient, attractive and viable commercial areas and tourist facilities to serve the needs of the residents and visitors;

(e)     encourage the development of businesses that will strengthen the economic base of the central business district;

(f)     ensure the use and development of land does not result in significant adverse impacts on the physical and social environment;

(g)     promote the sustainable use of land for agriculture, forestry and aquaculture whilst accommodating other compatible rural activities;

(h)     protect the agricultural areas from inappropriate development and intrusion by urban and semi-rural uses;

(i)      protect the amenity and enhance the quality of urban, rural and coastal environments;

(j)      protect and enhance the environment and natural resources, including waterways and wetlands, of the local government district;

(k)     protect remnant vegetation;

(l)      protect local public drinking water supply areas from inappropriate development;

(m)    enhance the public health of the community; and

(n)     protect objects and places of outstanding natural, historic, architectural, scientific and cultural significance.

 

It is recommended that Council adopts the draft Scheme and forwards it to the Environmental Protection Authority for a decision on environmental assessment, and to the Western Australian Planning Commission seeking consent for advertising of the Scheme for public comment.

 

Consultation

Extensive consultation has been undertaken with the Department of Planning in relation to the introduction of the Planning and Development (Local Planning Schemes) Regulations 2015 and its impact on Local Planning Scheme No. 23.

No comments were received in relation to the notice given under Regulation 20(1)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015.

A number of submissions were received from government agencies in relation to the notice given under Regulation 20(1)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015. Comments of these agencies have been incorporated into drafting of the Scheme where appropriate and are included as Attachment B.

After the initial notification of intent to prepare a Scheme has been completed, a new Scheme can be formulated (which is where we are currently in the process) that will be reviewed by the Western Australian Planning Commission and the Environmental Protection Authority. Once these agency comments are received and incorporated into the Scheme, a formal advertising period will occur. All comments received will be included with the Scheme documentation where Council can consider modifications as a result of the comments.

Council’s resolution, the Scheme and all the submissions will then be forwarded to the Western Australian Planning Commission for its endorsement and the final approval by the Minister for Planning.

 

Financial Implications

This stage of the Scheme preparation process can be easily accommodated under the current budget allocation of $9,500 for planning projects. The only direct cost at this stage of the Scheme preparation process was advertising the intention to prepare a Scheme.

Internal staff resources have prepared the Scheme.

The largest budgetary impact is during the formal advertising period and the final gazettal of the Scheme which, based on previous experience, is unlikely to be in the current or next budget years.

 

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

 

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

There are no environmental considerations at this stage of the Scheme preparation process.

 

Attachments

a.

Submissions on Notice to Prepare a Local Planning Scheme

 

b.

Local Planning Scheme No. 24 - Text - Confidential

 

c.

Local Planning Scheme No. 24 - Maps - Confidential

 

 

 

Officer’s Recommendation

That Council

1.   Advertise the draft Local Planning Scheme No. 24 without modification pursuant to Regulation 21(1) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2.   Refer the draft Local Planning Scheme No. 24 to the EPA under Section 81 of the Planning and Development Act 2005.

3.   Submit two (2) copies of the draft local planning scheme documents to the Western Australian Planning Commission for its examination under section 21(4) of the Planning and Development (Local Planning Schemes) Regulations 2015.

Voting Requirement                       Simple Majority

 


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Item: 12.1.2  

Proposed Road Closure - Richardson Street, Gibson

Author/s

Jon Creedon

Town Planning Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8448

 

Applicant

Graham Gath Surveys

 

Location/Address

Unconstructed road reserve, Richardson Street and a portion of Coolgardie – Esperance Highway, Gibson

 

Executive Summary

For Council to consider closing an unconstructed road reserve for Richardson Street and a portion of Coolgardie – Esperance Highway, Gibson.

 

Recommendation in Brief

That Council refuses to initiate the request for the closure of the unconstructed road reserve due to non-compliance with policy ASS 006: Permanent Road Closures.

 

Background

A request was received by Planning Services on 24 February 2016 for the closure of the unconstructed road reserve for Richardson Street, Gibson. No justification or reasoning behind the request was provided with the application. Discussions with Graham Gath Survey indicated that the two 938m2 portions of land depicted in the survey plan (Attachment A) are sought to be amalgamated into the adjoining lots, Lot 200 and Lot 201 Coolgardie-Esperance Highway, Gibson.

Richardson Street road reserve is unconstructed and is presently covered with native bush. The truncation which falls within the Coolgardie – Esperance Highway reserve forms part of the crossover to Lot 200 Coolgardie-Esperance Highway, Gibson.

 

Officer’s Comment

It is recommended that Council does not support the request for the closure of the unconstructed road reserve for Richardson Street and a portion of Coolgardie –Esperance Highway, Gibson, due to the native bush contained within the reserve and the non-compliance of the proposal with the provisions of Shire of Esperance’s Policy ASS 006: Permanent Road Closures. As per Policy ASS 006, the processing of road closure applications will be considered “[where] the road is clear of native vegetation. It is felt that road reserves containing vegetation should be retained to preserve the bush which will protect not only the existing flora and fauna within the reserve, but also the adjacent farming properties”.

Should Council resolve to support the closure of Richardson Street, a request will need to be made to the Minister for Lands under Section 58 of the Land Administration Act 1997.

Should the road closure be supported this is the first part of a two-part process. If Council resolves to initiate the road closure it will be the subject of a public advertising period as per the provisions of the Land Administration Act 1997. After the advertising period has been completed, a further report will be prepared for Council’s consideration such that the comments received during the advertising period can be taken into consideration and for a formal recommendation to be made accordingly. Should Council wish to proceed with the closure, a formal request would be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road and amalgamate the portion or portions of the road reserve into adjoining properties.

 

Options

Option 1

That Council refuses to initiate the request for the closure of the unconstructed road reserve known as Richardson Street and a portion of Coolgardie –Esperance Highway, Gibson, due to non-compliance with the provisions of the Shire of Esperance’s Policy ASS 006: Permanent Road Closures.

This is the Officers recommendation for the reasons outlined in the report.

Option 2

That Council resolve to commence the road closure process for a portion of the unconstructed road reserve known as Richardson Street and a portion of Coolgardie –Esperance Highway, Gibson subject to the Amendment shown in Attachment B.

 

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

Should the proposal be 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 Applicant would need to indemnify the Minister of all costs and charges in association with the closure.

 

An application fee of $750 applies.

Asset Management Implications

This proposal has been discussed with Asset Management Staff, who have identified that there are currently no plans for the construction of Richardson Street, and as such it is not seen that the proposal has any asset management implications. Asset Management Staff have requested that should Council support the closure of this road reserve, the survey plan be amended as per Attachment B as the closure appears to interfere with the clearance zone for an existing shared pathway running parallel to Coolgardie-Esperance Highway. This amendment has also been requested to give consideration to any future road widening by Main Roads Western Australia.

 

Shire of Esperance Environment Officers have advised that they do not support the request to close the Richardson Street road reserve. Environment Officers advised that while the nearest priority species (Eucalyptus merrickiae) is located 13.5km north-east of the site, not within a 10km radius, the Richardson Street road reserve creates a vegetation corridor for fauna to enter and exit adjacent farming properties as per Policy ASS 006. Retaining the vegetation in this road reserve adheres to the bush preservation principles of Policy ASS 006.

 

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

 

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

 

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

 

Attachments

a.

Request for Closure and Plan

 

b.

Asset Management Division - Survey Plan Mark-up

 

 

 

Officer’s Recommendation

That Council refuses to initiate the request for the closure of the unconstructed road reserve known as Richardson Street and a portion of Coolgardie –Esperance Highway, Gibson, due to non-compliance with the provisions of the Shire of Esperance’s Policy ASS 006: Permanent Road Closures.

Voting Requirement                       Simple Majority

 


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Item: 12.1.3  

Proposed Road Closure - Logan Street, Grass Patch

Author/s

Jon Creedon

Town Planning Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8467

 

Applicant

Co-operative Bulk Handling Limited

 

Location/Address

Logan Street, Grass Patch

 

 

Executive Summary

For Council to consider closing Logan Street, Grass Patch.

 

Recommendation in Brief

That Council resolve to commence the road closure process for Logan Street, Grass Patch, in accordance with Section 58 of the Land Administration Act 1997.

 

Background

A request from Co-operative Bulk Handling Limited (CBH) was received by Planning Services on 23 February 2016 for the closure of the road reserve for Logan Street, Grass Patch.

 

Correspondence (Attachment B) from the Shire of Esperance dated 28 August 2006 shows CBH were advised that Council had resolved to approve the placement of two weighbridges and associated infrastructure within the Logan Street road reserve, and initiate road closure procedures for Logan Street and a portion of Willis Street.

The Shire of Esperance issued Development Approval 10.2006.344.1 on 21 September 2006 and the associated Building Licence 13280 to CBH on 12 December 2006 for two 140t and 160t weighbridges to be constructed within the Logan Street road reserve. A review of Shire records shows the Willis Street road closures were initiated and completed between 2009 and 2010, while the Logan Street road closure did not proceed.

 

It should be noted that the Grass Patch CBH Receival Point is the only lot accessible from Logan Street. An adjoining parcel of native vegetation owned by the Crown also takes access from Tom Starcevich VC Road.

 

Officer’s Comment

Should the closure of Logan Street be supported, a request will need to be made to the Minister for Lands under Section 58 of the Land Administration Act 1997. It is noted that a similar road closure has already been undertaken with Willis Street adjoining a different part of the adjoining CBH owned property, and that the closure of Logan Street was given in-principle support by Council in August 2006.

 

Should the road closure be supported this is the first part of a two-part process. If Council resolves to initiate the road closure it will be the subject of a public advertising period as per the provisions of the Land Administration Act 1997. After the advertising period has been completed, a further report will be prepared for Council’s consideration such that the comments received during the advertising period can be taken into consideration and for a formal recommendation to be made accordingly. Should Council wish to proceed with the closure, a formal request would be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road and amalgamate the road reserve into the adjoining property.

 

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 Applicant will need to indemnify the Minister of all costs and charges in association with the closure.

 

An application fee of $750 applies to this application.

 

Asset Management Implications

The proposed road closure has been discussed with Asset Management Staff, who have advised that they support the closure request submitted by CBH.

 

Logan Street will be acquired and amalgamated with CBH’s adjoining freehold Lot 1 on DP71044.

 

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

 

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

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.

Request for Closure and Plan

 

b.

Shire of Esperance - 2006 Correspondence

 

c.

Weighbridges in Logan Street road reserve - 2006 Building Permit Plans

 

 

 

Officer’s Recommendation

That Council resolve to commence the road closure process for Logan Street, Grass Patch, in accordance with Section 58 of the Land Administration Act 1997.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 38

 



Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 41

 



Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 44

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 48

 

Item: 12.1.4  

Local Planning Policy - Second-hand Dwellings

Author/s

Richard Hindley

Executive Manager - Statutory Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8884

 

Applicant

Internal (Statutory Division)

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider the proceeding with Local Planning Policy: Second-hand Dwellings without modification under Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) and revoke the the current Local Planning Policy: Second-Hand Transportable Dwellings under Clause 6(b)(i) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2).

 

Recommendation in Brief

That Council:

1. Proceed with the Local Planning Policy: Second-hand Dwellings without modification as per Attachment A in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2); and

2. Prepare a notice of revocation under Clause 6(b)(i) of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015 for the current Local Planning Policy: Second-Hand Transportable Dwellings.

 

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.

 

A draft policy was prepared by Council at its February Ordinary Council Meeting where it was resolved (O0216-040):

 

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).

 

This was the first amendment to the Local Planning Policy: Second-Hand Transportable Dwellings since 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 be revoked in accordance with Regulation 6(b) of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015.

 

Consultation

As this policy was adopted under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 the policy was advertised for not less than 21 days closing on the 1 April 2016. No submissions were received during the advertising period and the policy is hereby brought back to Council for adoption without modification.

 

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.

Local Planning Policy: Second-hand Dwellings

 

 

 

Officer’s Recommendation

That Council:

1.   Proceed with the Local Planning Policy: Second-hand Dwellings without modification as per Attachment A in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2); and

2.   Prepare a notice of revocation under Clause 6(b)(i) of Schedule 2 the Planning and Development (Local Planning Schemes) Regulation 2015 for the current Local Planning Policy: Second-Hand Transportable Dwellings.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 51

 

 

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:

 

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

26 April 2016                                                                                                                               Page 53

 

12.2   External Services - Commercial Division

Nil


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 54

 

12.3   External Service - Community Division

Item: 12.3.1  

Council Committees - Amendments to Representation

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/7464

 

Applicant

Internal

 

Executive Summary

To appoint and replace Council Committee representatives.

 

Recommendation in Brief

That Council removes representatives from the Ralph Bower Adventureland Park Working Group and appoints members to the Ralph Bower Adventureland Park Working Group, Lake Monjingup Community Development Group and Esperance Twin Towns Committee.

 

Background

At the 23 February 2016 Council meeting (Res. O0216-041) Council appointed community persons to its respective committees and requested the CEO to continue seeking nominations to fill the remaining vacancies.

 

Following the first round of committee meetings several of the representative organisations have amended their nominations, or, where there have been vacancies, submitted new nominations:

Representative Body

Committee

Current Member

Nomination

Esperance Regional Forum

Lake Monjingup Community Development Group

Vacant

Chelsea Templeton

Esperance Bay Rotary Club

Ralph Bower Adventureland Park Working Group

Richard Nulsen (remove)

Garry Wilson

Southern Ports Authority

Ralph Bower Adventureland Park Working Group

Neil Pearson (remove)

Katie Williams

Community (formerly Anglican School)

Esperance Twin Towns Committee

Vacant (amended Terms of Reference)

Megan McDowall

 

Officer’s Comment

After amendments and new nominations have been approved the following vacancies still remain to be filled:

Vacancies

Committee

Representing

2 x vacancies

Greater Sports Ground Redevelopment Committee

Community

1 x vacancy

Lake Monjingup Community Development Group

Community

1 x vacancy

Esperance Museum Management Committee

Tourism Esperance

 

Consultation

Written requests for amendment and/or nominations have been received.

 

Statutory Implications

The statutory implications associated with this item are:

Local Government Act 1995 Section 5.10 Appointment of Committee Members

Local Government Act 1995 Section 5.11 (2) (b) Removal of Committee Members

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

A clear direction for the future

 

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.  Removes the following persons from the following committees:

Name

Committee

Representing

Richard Nulsen

Ralph Bower Adventureland Park Working Group

Esperance Bay Rotary Club

Neil Pearson

Ralph Bower Adventureland Park Working Group

Southern Ports Authority

2.  Appoints the following persons to the following committees:

Name

Committee

Representing

Chelsea Templeton

Lake Monjingup Community Development Group

Esperance Regional Forum

Garry Wilson

Ralph Bower Adventureland Park Working Group

Esperance Bay Rotary Club

Katie Williams

Ralph Bower Adventureland Park Working Group

Southern Ports Authority

Megan McDowall

Esperance Twin Towns Committee

Community

Voting Requirement                       Absolute Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 56

 

Item: 12.3.2  

Management of Thomas River Reserve 518

Author/s

Terry  Sargent

Director External Services

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/8970

 

Applicant

Internal

 

Location/Address

Thomas River Reserve 518

 

Executive Summary

To advise Council of the potential for termination of the Agreement between the Shire of Esperance and the Department of Parks and Wildlife (DPaW) for the management of the Thomas River Camping Grounds and to seek direction for management of the Reserve over the next 12 months.

 

Recommendation in Brief

That Council surrenders the vesting of Thomas River Reserve 518 and support management responsibility for the reserve being granted to DPaW.

 

Background

At an Ordinary Council Meeting on the 22 March 2016 Council resolved That the item lay on the table until the April 2016 Ordinary Council Meeting.” As per that resolution the item has returned to Council for a formal decision to be made.

The Thomas River Reserve is surrounded by the Cape Arid National Park in a 104ha enclave, 130km east of Esperance. It is vested in the Shire for the purpose of camping and recreation. There is no beach frontage but the southern boundary abuts the Thomas River. Infrastructure on site includes 12 camping sites, 5 picnic tables, 3 shade shelters, a rainwater tank, a sealed vault male and female toilet, a male and female rota-loo composting toilet.

The campsite has been managed by National Park Rangers since 2004. Prior to this Shire Rangers visited the campsite once a week. They were supported, by default, by the National Park Rangers whom dealt with the daily issues that arose during the busy holiday periods. The availability of resident National Park Rangers and the proximity of the National Park campsite to the Shire campsite made management from Esperance appear illogical and inefficient. This resulted in an Agreement with the Department of Parks and Wildlife (DPaW) to manage the shire camping area in return for retention of camping fees collected and a commitment from the Shire to maintain the access roads and the replacement of infrastructure.

On 28th October 2014 Council was requested to consider recommendation CT2 of the revised Coastal Management Plan to transfer Thomas River Reserve 518 to the WA Conservation Commission.  Council decided to call for public submissions prior to making a decision.

On the 16th December 2014 Council considered the submissions received and decided not to transfer the reserve to the WA Conservation Commission. Council requested the CEO to negotiate with DPaW to extend the current joint management arrangement on Thomas River Reserve 518 (O1214-001) beyond its June 30th 2015 expiry date.

 

 

Officer’s Comment

On Tuesday 5th May Executive Managers Richard Hindley and Rod Hilton met with the District Manager Rob Blok and the Access and Reserves Manager Ian Hughes to commence negotiation on renewal of the Management Agreement.

The District Manager reported that the DPaW budget has been tightened and managers around the state have been requested to focus on core service delivery. The management of a shire reserve is not considered to be core DPaW business. Mr.Blok tabled the costs of maintaining the camping reserve on behalf of the Shire:

Description

Expenditure

Revenue

Rangers Wages

$20,000

 

Waste disposal

$  6,000

 

Vehicle Operation

$  4,800

 

Cleaning Materials

$  3,000

 

Gas

$  1,800

 

Administration

$     500

 

Camping Fees Collected

 

$14,000

Total

$36,100

$14,000

 

Mr Blok advised that his ranger spent 20% of her time managing the Shire camp site when she could be utilised more effectively in managing the National Park facilities. Mr Blok also advised that the toilet facilities are in need of major refurbishment or replacement. Consequently, unless Council was prepared to enter into a fee for service agreement or meet the shortfall of $22,100 DPaW is not prepared to renew the Management Agreement.  An agreement was reached which saw DPaW manage the reserve on behalf of Council until 30th June 2016.

 

Options:

 

Positive

Negative

Cost to Council

Continue to operate under an agreement with DPaW to manage Reserve 518 on behalf of the Shire of Esperance on a fee for service basis

Camping grounds will be managed on a daily basis.

 

No requirement to redirect Shire staff resources

DPaW may still decline to provide service

Ongoing cost to Council.

Council does not have any power to permit camp fires during most popular periods of use or to allow dogs to travel to the reserve overland, thereby defeating the purpose of Council retaining ownership/vesting of the reserve.

Shire’s contribution is not recognisable to users of the facility who deal with staff in DPaW uniforms

$22,100 operating shortfall plus the ongoing asset replacement cost estimated to exceed $10,000 per annum

Investigate the options of servicing and managing the reserve through Shire Rangers, Camp Hosts, or Parks and Gardens Staff or any combinations of these.

Council can collect and retain camping fees but as this is unlikely to 

While there is a perception that Council can retain the traditional camping values of permitting camp fires and dogs on the reserve this is not the case as it remains illegal to transport  dogs across a National Park (which is the only practical means of accessing the reserve).

Significant asset management /   replacement cost

No daily management presence.

It is likely that without a daily fee collection service shire staff would not achieve camp fees of $14,000. If 25% is collected the shire may realize less than $3,500.

Estimated $33,000 operating shortfall plus the ongoing asset replacement cost estimated to exceed $10,000 per annum

 

Council has a number of options open to it following the decision to assume responsibility for management of this reserve in 2014.  It can:

1.  note that while the Council decision of 16th December 2014, to retain the vesting of Thomas River Reserve 518 was intended to protect “traditional camping values” Council has extremely limited ability to implement any meaningful change in this area,  but nevertheless;

a.   return to the pre-2004 management of the Thomas River Reserve by Council staff (Rangers or Parks and Gardens Staff) supported by volunteer camp hosts during holiday periods and make provision in the budget to fund this service. Or;

b.   negotiate a continued fee for service arrangement with DPaW to provide the management of Thomas River Reserve 518 and make budgetary provision for this service

2.  surrender the vesting of Thomas River Reserve 518 and support management responsibility for the reserve being granting to DPaW.

 

Options 1a) and 1b) would see Council continue to accept the risk (including the risk from unsupervised campfires) and responsibility of managing the campsite at a total cost in excess of $42.5K (or approx 0.25% of next year’s rates increase). Unfortunately this delivers no particular benefit to the Esperance community or tourists as the Shire of Esperance has no legal capacity to allow domestic animals access to the nearby beach or permit them to be driven across the adjoining reserves to enter Thomas River Reserve 518.  Neither can the shire permit use of open fires during most of the times during which the reserve is occupied.

 

Option 2 may be unpopular in the short term, with a very small number of people (only 9 submissions were received when this was considered in 2014) but reduces the risk and cost to Council without reducing the level of service Council can actually provide legally.

 

Consultation

Executive Managers Hilton and Hindley have met with DpaW representatives Blok and Hughes from 5th May 2015 and negotiated of an extension of the Management Agreement over Thomas River Reserve 518 until 30th June 2016.

 

Financial Implications

The estimated cost of the shire servicing Thomas River is:

 

Projected Shire Expenditure

Shire Ranger – 4 hrs @$55/hr = $220/visit

Shire vehicle – 240km $92.30/trip

Description

Expenditure

Revenue

Ranger 13 weeks x 3 visits

$8,580

 

Ranger 39 weeks x 1 visit

$8,580

 

Ranger 52 weeks x 1 visit

$11,440

 

Waste disposal (revenue foregone)

$6,000

 

Vehicle operation

$4,800

 

Cleaning Materials

$3,000

 

Gas

$1,800

 

Administration 20% o/head

$3,432

 

Estimate of Camping Fees Collected

 

$3,500

Total

$36,192

$3,500

Operating Loss

 

($32,692)

 

NB:    A significant amount of camping at Thomas River occurs over weekends and public holidays so the estimate of 25% of DPaW’s camping fees is considered reasonable because the income would be dependent on an “honour box” which is a demonstrably inefficient.

 

While funding has been available recently to replace some of the infrastructure on the site, it is likely that provision for future asset replacement will cost in excess of $10,000 p.a.

 

Asset Management Implications

Infrastructure replacement has been estimated at $100,000 over next 6 years plus the Coastal Management Plan recommended upgrades of $91,500. These costs may be incurred regardless of whether or not the Reserve is managed by the Shire or DPaW and have not been taken into consideration in this report.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Environment

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

A range of parks, reserves and trails which the broadest community can access

 

Corporate Business Plan 2013/2014 – 2016/2017

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

 

 

Attachments

Nil

 

Officer’s Recommendation

That Council surrenders the vesting of Thomas River Reserve 518 and support management responsibility for the reserve being granted to DPaW.

Voting Requirement                       Simple Majority

  


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 60

 

12.4   Asset Management

Item: 12.4.1  

Scaddan Restoration Reference Group

Author/s

Amelia Rolton

Personal Assistant - Asset Management

Authorisor/s

Mathew Walker

Acting Director Asset Management

 

File Ref: D16/9040

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider the formation of the Scaddan Restoration Reference Group. The primary objective of the Scaddan Restoration Reference Group is to provide options and priorities for Council’s consideration in the restoration of the Scaddan townsite.

 

Recommendation in Brief

That Council establishes a reference group as an advisory committee to Council to make recommendations to the Council regarding the restoration of the Scaddan townsite in accordance with the attached Terms of Reference.

 

Background

In November 2015 the Scaddan Community was significantly impacted by the Cascade Fire resulting in damage to the town’s infrastructure, including serve damage to the Scaddan Hall requiring its immediate demolition. Further damage to the Scaddan Primary School, Scaddan Country Club, private and public infrastructure also occurred. Due to the large amount of funds available to restore the Scaddan townsite, Council determined that it would be necessary to undertake intensive consultation with the Scaddan community through the creation of a reference group.

 

Officer’s Comment

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

The primary objective of the Scaddan Restoration Reference Group is to provide options and priorities for Council’s consideration in the restoration of the Scaddan townsite.

The group will represent their community members in providing guidance and advice to Council on the future infrastructure works required to restore the Scaddan townsite. The proposed works will need to include a bush fire brigade shed, post boxes and a potential replacement for the Scaddan Hall. The group will take into consideration the budget available, legislative constraints and the needs of the broader community.

Terms of Reference for the Reference Group are attached to this report.

 

An initial community meeting was held at the Scaddan Country Club on 11 February 2016 with initial discussions held with the community about the formation of a reference group. The community requested that they have some time to consult with the various community groups in Scaddan, with Council to facilitate a further meeting in the future.

 

Nominations to fill the membership of the Scaddan Restoration Reference Group where called on 16 March 2016, with nominations closing on Friday, 1 April 2016. During the nomination period a further community meeting was hosted at Scaddan with Josh Byrne, Landscape Architect facilitating a short workshop.

 

Nominations received include one (1) to represent each of the community groups outlined in the Terms of Reference, further to these nominations a total of six (6) nominations were received to fill the community representative(s), nomination applications are attached to this report.

 

Consultation

The formation of this reference group originated from the Scaddan Community meeting held on 11 February 2016.

 

Statutory Implications

Local Government Act 1995 – Section 5.8 Establishment of Committees

Local Government Act 1995 – Section 5.10 Appointment of Committee Members

Interpretation Act 1984 – Section 53 Appointments by name or office

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Strategy 1.5 Create and maintain a safe environment for the community

 

Civic Leadership

Strategy 4.4 Actively engage with the community to inform decision making and improve conversations within the community

 

 

Attachments

a.

Nominations - Scaddan Restoration Reference Group - Confidential

 

b.

Terms of Reference - Scaddan Restoration Reference Group

 

 

Officer’s Recommendation

That Council:

1.  Establishes the Scaddan Restoration Reference Group as an advisory committee to provide options and priorities for Council’s consideration in the restoration of the Scaddan townsite;

2.  Endorses the attached Terms of Reference for the Scaddan Restoration Reference Group;

3.  Appoints the following two (2) Elected Members to the Scaddan Restoration Reference Group including one (1) Deputy :

·   Cr………..;

·   Cr………..; and

·   Cr……….. (Deputy)

4.  Accepts the following community groups representative nominations as members of the Scaddan Restoration Reference Group:

·   Scaddan Bush Fire Brigade, Gavin Egan;

·   Scaddan Country Club, Frank Stone;

·   Scaddan Bowling Club, Wally Vandenberghe;

·   Scaddan Golf Club, David Campbell; and

·   Scaddan Primary School P & C, Lynne Norwood;

5.  Accepts the following two (2) community representative nominations as members of the Scaddan Restoration Reference Group:

·   Community Representative, …………..; and

·   Community Representative, …………..

Voting Requirement                       Absolute Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 63

 


 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 65

 

12.5   Corporate Resources

Item: 12.5.1  

Repeal of Management Practices from Policy Manual

Author/s

Rebecca Warren

Administration Officer

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/4002

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to agree to repeal the Management Practices from the Shire of Esperance Policy Manual.

 

Recommendation in Brief

That Council endorse the repeal of the Management Practices from the Policy Manual in order to bring them into line with Section 5.41 of the Local Government Act 1995.

 

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.

Shire Policies are determined by Council and are developed to provide officers with information on what will be done. A Management Practice is a series of actions conducted in a certain order or manner to perform a task. Management Practices represent the strategies and actions by which a policy is to be implemented, and details the steps and processes to be observed by staff. Management Practices are an administrative function and can be subject to review at any time, to ensure that policies are being implemented in a correct, efficient and effective manner.

During the current review of the Council Policy Manual it has been identified that the Management Practices (previously known as Management Policies) are not considered as Policies and should therefore be removed from the Shire of Esperance Policy Manual.

Policies provide the foundation on how Management Practices are written. The removal of the Management Practices will not diminish the ability of Council’s decision making processes.

Officers have presented these documents to Council in the past for endorsement and under the Local Government Act it is now necessary for a formal repeal process to be undertaken to remove them.

 

Officer’s Comment

The following is a summary of the existing Management Practices within the Council Policy Manual:

Practice Name

Department

Related Document

MAN 001: Councillor/ Staff Information Sharing Protocol

Executive Services

N/A - Guidelines for the sharing of information between Councillors; CEO; Committee Chairperson.

 

MAN 004: Conference and Training Expenses

Human Resources

HR 002: Staff Entitlements -

Staff Travel Allowance

MAN 005: Grievance Resolution

Human Resources

HR 011: Termination of Employment

MAN 007: Regeneration and Replanting

Parks and Reserves

ASS 008: Road Verge Development

MAN 010: Paving Bricks in Footpaths

Asset Management

ASS 023: Crossover Construction

MAN 013: Rezoning Applications

Development Services (Planning)

Part 5 – “Amending local planning scheme” of the Planning and Development (Local Planning Scheme) Regulations 2015.

MAN 014: Roads & Street Names

Development Services (Planning)

Landgate Policies and Standards for Geographical Naming in Western Australia V01:2015

MAN 015: Fence Heights

Development Services (Building)

Fencing Local Laws 2015 – Council document

MAN 016: Site Identification

Development Services (Building)

Prescriptive prescriptions outlined in the Building Act 2011

MAN 017: Building Licence Fees

Development Services (Building)

N/A - Based on standard estimating information from Rawlinsons or Cordell.

MAN 018: BYO Approvals – New and Existing Food Premises

Development Services (Health)

Health (Public Buildings) Regulations 1992 and Food Act 2008

MAN 019: Human Epidemic Plan

Development Services (Health)

Emergency Management Act 2005 and Emergency Management Regulations 2006

MAN 020: Secondary Employment

Human Resources

N/A - Ensures there is no conflict between employment with the Shire and any Secondary Employment.

MAN 021: Higher Duties

Human Resources

Relevant to the Shire of Esperance Enterprise Agreement

MAN 022: Injury Management

Human Resources

HR 010: Occupational Safety & Health

MAN 023: Phone Allowance

Human Resources

COR 015: Computer and Mobile Device Policy

 

Consultation

WALGA

Human Resources

Statutory Division

Asset Management

 

Statutory Implications

Local Government Act 1995 Section 5.41

‘5.41. Functions of CEO

               The CEO’s functions are to — 

                  (a)     advise the council in relation to the functions of a local government under this Act and other written laws; and

                  (b)     ensure that advice and information is available to the council so that informed decisions can be made; and

                  (c)     cause council decisions to be implemented; and

                  (d)     manage the day to day operations of the local government; and

                  (e)     liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions; and

                   (f)     speak on behalf of the local government if the mayor or president agrees; and

                  (g)     be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees); and

                  (h)     ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

                   (i)     perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.’

 

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.14 Coordinate the review of Policy Manual.

 

Attachments

a.

Management Practices

 

 

 

Officer’s Recommendation

That Council repeal the Management Practices from the Shire of Esperance Policy Manual.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 68

 

























Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 92

 

Item: 12.5.2  

Lease Agreement - Gibson Public Toilets

Author/s

Rebecca Warren

Administration Officer

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/5169

 

Applicant

Shire of Esperance

 

Location/Address

Lot 2, Coolgardie-Esperance Highway Gibson WA

Executive Summary

For Council to consider entering into a new Lease agreement with Paul Willoughby for the Gibson Public Toilets on a portion of Lot 2, Coolgardie-Esperance Highway Gibson.

 

Recommendation in Brief

That Council agrees to enter into a new Lease agreement with Paul Willoughby for the Gibson Public Toilets on a portion of Lot 2, Coolgardie-Esperance Highway Gibson for a term of 2 years. 

 

Background

A letter was received from Mr Phil Wadman from Wadman Enterprises in April 1998 to provide consent for the Shire to Lease a portion of the land on Lot 2 Coolgardie-Esperance Highway for the purpose of constructing a public toilet. Investigations into the agreement in April 2005 confirmed that a formal lease agreement was never arranged, and Shire officers sought legal advice regarding this matter. A formal Lease agreement was executed, for a term of 10 years commencing 1 September 2005. The Lease agreement expired on 31 of August 2015, however the holdover provision within the Lease ‘Clause 12 Mutual Covenants, Subclause 12.7 Holding over’, has allowed for continuation on a year to year tenancy in accordance with all other terms and conditions of the previous lease.

Wadman Enterprises (Phil Wadman) settled the sale of the land known as the Gibson Soak, Lot 171 & Lot 2 Coolgardie-Esperance Highway, Gibson, in December 2015. The Shire has since corresponded with the new owners, Willoranah Pty Ltd (Paul Willoughby) who has agreed for the Shire to arrange a new Lease agreement.

Officer’s Comment

Manager Corporate Support has requested a minimum 10 year term for the new lease. By reason of Mr Willoughby’s recent acquisition of the properties (Lots 2 & 171) and his subsequent application lodged with the Shire’s Statutory Compliance Division for the proposed development of a caravan park on the land, he has only agreed to a term of 2 years at this stage.

 

Consultation

Paul Willoughby

McLeod Barristers and Lawyers

 

Financial Implications

The Shire will cover all legal costs with regards to the preparation of the Lease document and will remain responsible for all maintenance, insurance and cleaning costs association with the premises.

 

It is anticipated that lease preparation costs could be higher due to the need for this lease to be lodged with Landgate as required when there is a mortgage over the property.

 

Statutory Implications

Local Government Act 1995 – Section 9.49A Execution of Documents

 

Strategic Implications

Strategic Community Plan 2012 – 2022

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

 

 

Attachments

a.

Confirmation to proceed - DRAFT Lease agreement - Willoranah Pty Ltd

 

 

 

Officer’s Recommendation

That Council agree to enter into a new Lease agreement with Willoranah Pty Ltd for a portion of Lot 2 Coolgardie-Esperance Highway, Gibson WA subject to the following:

1.   The term of the lease be for 2 years, commencement date upon execution by both parties;

2.   The Shire be responsible for ongoing maintenance, insurance and cleaning of the premises;

3.   The premises be used for the purpose of Public amenities;

4.   The lease rent be $1.00 p.a. payable on demand;

5.   Authorises the CEO to execute the lease.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 94

 

From:                              wilmec@bigpond.com

Sent:                               Thursday, 7 April 2016 10:41 AM

To:                                  Rebecca Warren

Subject:                          Gibson Soak Hotel

 

Hi Rebecca.

 

This Email is to confirm that we would like to proceed with drafting a lease agreement for the Esperance Shire Toilet Block located on Lot 2 Coolgardie Esperance Hwy and are prepared to enter into an agreement for a term of Two Years.

 

Warm Regards.

Paul Willoughby.
Willoranah Pty Ltd ATF

Willoughby Family Trust.
Gibson Soak Hotel.
08 90754020

 

 

Message protected by MailGuard: e-mail anti-virus, anti-spam and content filtering.
http://www.mailguard.com.au/mg


Report this message as spam  
 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 95

 

Item: 12.5.3  

Request to extend Lease area Reserve 44921 - Esperance Mechanical Restoration Group Inc.

Author/s

Rebecca Warren

Administration Officer

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/6513

 

Applicant

Esperance Mechanical Restoration Group

 

Location/Address

Lot 138 McLean Road, Chadwick

Executive Summary

For Council to consider accepting the surrender of lease from the Esperance Mechanical Restoration Group Inc (EMRG) for their existing lease area, and agreeing to enter into a new Lease for an extended area on the same Lot, subject to approval from the Minister for Lands.

 

Recommendation in Brief

That Council agrees to accept the surrender of lease from Esperance Mechanical Restoration Group Inc for a portion of Reserve 44921, Lot 138 McLean Road; and provide approval for a new lease document over the same area plus an addition of 7,847.49m² for the purpose of storing and preserving mechanical memorabilia, subject to the approval of the Minister for Lands. 

 

 

 

Background

The current Lease between the Shire of Esperance and the Esperance Mechanical Restoration Group (Inc) over a portion of Lot 138, Reserve 44921, McLean Road Chadwick commenced on 19 December 1997 for a term of 21 years. The lease is due to expire on 18 December 2018.

 

A letter was received from the Esperance Mechanical Restoration Group requesting for an extension of Lease area on Lot 138, Reserve 44921 McLean Road Chadwick. The EMRG have requested the extension due to the proposed addition of a new shed (480m²) for machinery display on the northern un-leased portion of Lot 138. The Veteran Car Club of WA (Inc) Esperance Branch also lease on the southern portion of Reserve 44921, and have provided a letter of support for the addition of the new shed, for the purpose of storing and preserving mechanical memorabilia.

 

Officer’s Comment

The Esperance Mechanical Restoration Group have requested a new lease over the larger portion of Reserve 44921 (20,717.25m²) for a term of 21 years.

In order for Council to lease the remaining northern portion of Lot 138 McLean Road to the EMRG, the existing lease would need to be surrendered and replaced with a new lease. The surrender of the existing lease and the approval of the new lease area are subject to the consent of the Minister for Lands.

The total land area for Reserve 44921, Lot 138 McLean Road Chadwick is 40,468m². The Veteran Car Club of WA (Esperance Branch) lease a 9484.84m² portion of Lot 138 McLean Road to the southern end. The current area of lease for EMRG in the centre portion of Lot 138 McLean Road is 12869.76m2, and the proposed new lease area would be 20,717.25m². This would leave a remaining southern portion of 10,265.91m2 unleased.

 

Consultation

Veteran Car Club of WA (Esperance Branch)

Department of Lands

 

Asset Management Implications

The Lease will be as per Council’s current Community Land Only Lease which will specify that the Lessee will be responsible for the repairs, maintenance and renewal of all buildings on the premises.

 

Statutory Implications

Local Government Act 1995 – Section 3.58 Disposing of property

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

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

Local Government Act 1995 – Section 9.49A Execution of documents

 

Policy Implications

COR 004: Building & Property Leases

(v)   Community Services – Category 1

•    Exclusive use or special purpose community funded facilities with minimal Council capital contribution, however located on Council controlled land.

•    Limited community use.

•    Maintenance and operational expenses to be at the lessee’s expense.

•    Groups, Clubs or Organisations would be encouraged to submit applications via the Community Grants Program when requesting Council’s financial assistance.

 

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

Action 4.5.13 Manage Shire leases and insurance

 

 

Attachments

a.

Request for surrender of current Lease and extension of Lease area & Supporting Letter from Veteran Car Club of WA (Esperance Branch)

 

 

Officer’s Recommendation

That Council agree to accept the surrender of current lease and consent to Lease a 20,717.25m² portion of Reserve 44291, Lot 138 McLean Road Chadwick to the Esperance Mechanical Restoration Group Inc. subject to;

1.    The Minister for Lands approval for the surrender of the current lease;

2.    The Minister for Lands approval to Lease a 20,717.25m² portion of Lot 138, Reserve 44291, McLean Road;

3.    The term of the new lease be for a period 21 years;

4.    All terms and conditions be as per Council’s current Community Land Only Lease;

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

6.    Authorises the CEO to execute the lease.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                               Page 98

 




Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 101

 

Item: 12.5.4  

Reassignment of Lease - Hangar 3 Esperance Airport

Author/s

Rebecca Warren

Administration Officer

Authorisor/s

Shane Burge

Director Corporate Resources

 

Jennifer Parry

Manager Corporate Support

 

File Ref: D16/6600

 

Applicant

Terry Mitchell

 

Location/Address

Executive Summary

For Council to consider allowing the reassignment of the Lease for Hangar 3 at the Esperance Airport from Terry Mitchell to Scott Mackie & Darren Rogers trading as South East Air Ag Pty Ltd.

 

Recommendation in Brief

That Council consents to the reassignment of the existing lease on Hangar 3 at Esperance Airport from Terry Mitchell to Scott Mackie & Darren Rogers trading as South East Air Ag Pty Ltd.

 

Background

The Lease between the Shire and Terry Mitchell for Hangar Lot 3 commenced 1 July 2010, for an initial term of 5 years with two (2) extended terms for a period of 5 years each. The first initial term commenced 1 July 2015 and is due to expire 30 June 2020.

The Shire recently received a letter of agreement between Terry Mitchell and Scott Mackie & Darren Rogers trading as South East Air Ag Pty Ltd (SEAA) with regards to reassigning the Lease for Hangar 3 at the Esperance Airport.

 

 

 

Officer’s Comment

SEAA currently hold a land only Lease for Lots 2, 4, 5, 6, 7 and 8, which are used for the purpose of aircraft hangars.

 

SEAA have always paid rent and landing fees in a timely manner and no reasons can be found as to why the request for reassignment would be declined. 

 

Consultation

Finance

 

Financial Implications

The current rent for Hangar 3 is $646.67 p.a. inclusive of GST. As per the Lease document, the rent will be reviewed 1 July 2016, and each year thereafter to ensure the rent is in accordance with the Consumer Price Index (CPI).

 

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Local Government Act 1995 - Section 9.49A Execution of documents

 

Policy Implications

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

(i)       Commercial Premises – Open Market

•     Commercial sites offered by tender or disposed by section 3.58 Local Government Act 1995.

•     Market rental by valuation with individual rental as determined by Council.

•     All outgoings for these sites recouped or supplied direct to Lessee.

•     All maintenance, minor or major, and upgrading of premises to be at the lessee’s expense.

•     Council approval required prior to any sub-letting of premises.

 

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.12   Manage Shire leases and insurances

 

 

Attachments

a.

Letter of Agreement - Terry Mitchell and South East Air Ag PTy Ltd (SEAA)

 

 

 

Officer’s Recommendation

That Council consents to the reassignment of the existing lease on Hangar 3 at the Esperance Airport from Terry Mitchell to Scott Mackie & Darren Rogers trading as South East Air Ag Pty Ltd.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 103

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 104

 

Item: 12.5.5  

New Lease - Esperance and Districts Agricultural Society

Author/s

Jennifer Parry

Manager Corporate Support

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/7616

 

Applicant

Greater Sports Ground Redevelopment Committee

 

Location/Address

Greater Sports Ground, Black Street, Esperance

Below: Current lease areas  

 

                                             

Above: Proposed extension to northern portion of lease area

 

Executive Summary

This report has been prepared in response to a request from the Esperance and Districts Agricultural Society for a proposed lease renewal and an extension of the lease area over a portion of the Greater Sports Ground which is currently the subject of a request from the Esperance Soccer Association for redevelopment as a soccer playing field.

 

Recommendation in Brief

That Council agrees to enter into a new lease agreement over the same existing lease area (10,103.66m2) with the Esperance & Districts Agricultural Society for portion of Reserve 3287 on plan 219755 subject to certain conditions.

 

Background

A written request was received from the Esperance & Districts Agricultural Society on 24 April 2015 seeking renewal and extension of its lease over portion of Reserve 3287 (Greater Sports Ground) for a term of 21 years to include :

1.  Triangular area of 4670m2 in the northern sector of the Reserve bordering Brazier St (new horse stall area) and the area of land occupied by the existing covered horse stalls; and

2.  The ground area of the Agricultural Society buildings in the southwest corner (Black St and Harbour Rd)

 

The current lease expired 30 June 2015 and is currently in “hold over” as permitted under Clause 5.6 of the lease.

 

Subsequent to the request being received, a report was presented to July 2015 OCM with Council resolving (Res. O0715-012) to defer the item until October 2015 to give the Greater Sports Ground Redevelopment Committee (GSGRC) the opportunity to consult other users of the GSG regarding the lease. At the October 2015 OCM (Res. O1015-009) Council resolved to defer this request until such time that the GSGRC has discussed the proposed additional lease area with all clubs involved and have a collective plan to move forward. The Council elections at this time saw the committee disbanded until its membership was reinstated in February 2016.

 

On 17 March 2016, the President of the Esperance Soccer Association addressed the GSGRC meeting advising of an urgent need for redevelopment of the area of land known as the covered horse stalls as a soccer playing field. The matter was discussed between the two groups resulting in Esperance and Districts Agricultural Society confirming their requirement to have the area of land to be included into its lease. The Greater Sports Ground Redevelopment Committee the resolved the following;

That Council

1.   The lease agreement between the Shire of Esperance and the Esperance & Districts Agricultural Society for portion of Reserve 3287 on plan 219755 is renewed for a further term of 10 years commencing 1 July 2015 ; and

2.   The lease area is expanded to include the area of land occupied by the covered horse stalls.

 

Officer’s Comment

Under the GSG Redevelopment Plan (TRIM D15/2712) endorsed by Council in February 2014 (Res. O0214-040) the additional land requested by Esperance & Districts Agricultural Society, which includes the covered horse stalls, is listed for redevelopment as a soccer field.

On 17 August 2015 the Esperance Soccer Association wrote to the CEO advising of significant growth in soccer player numbers and requesting Council’s consideration of advancing the development of an additional soccer field. The area envisaged for redevelopment as a soccer field being the area currently occupied by the covered horse stalls and now the subject of a lease application from the Esperance & Districts Agricultural Society.

The recently expired Lease to the Esperance & Districts Agricultural Society acknowledges that the covered horse stalls are located outside of the defined lease area. Special condition 2 states “Lessor will not compel relocation of these premises into the lease area prior to the buildings becoming redundant, or before formulation of a jointly agreed Reserve redevelopment plan”.

The Esperance & Districts Agricultural Society has requested Council’s consideration of a 21 year lease. If the lease is to be expanded to cover the covered horse stall area it may be more appropriate to offer a 10 year lease which aligns with the term of the lease with the Esperance Soccer Association over the land occupied by the former Badminton Stadium. The expiry of both leases at the same time will provide Council with the opportunity to redevelop the land, (proposed by Stage 2 of the Greater Sports Ground Redevelopment Plan), as a full sized Soccer Field. This will require demolition of the Badminton Stadium and the covered horse stalls.

It is the Officer’s opinion that a 21 year lease should be offered to the Esperance & Districts Agricultural Society, but the area of land should remain unchanged from the current lease. That being with the covered stalls not included, but acknowledged in the lease, including conditions requiring them to be removed if a redevelopment proceeds or that the stalls become structurally unsound; they should not be replaced in their current position. This option allows for the development of a new soccer field to proceed into the future without impacting on the Esperance & Districts Agricultural Society’s lease area.

Should Council decide to include the horse stalls in the proposed lease area it should be considered that this may complicate any future plans to construct even a reduced size soccer field in the interim period as has been suggested as an option.

Consultation

Esperance District Agricultural Society

Esperance Soccer Association

Greater Sports Ground Redevelopment Committee

 

Financial Implications

It is proposed that an annual rent of $100.00 (ex GST) per annum be applied; consistent with rent applied to all recent Community & Sporting Leases.

 

Asset Management Implications

There are no Asset Management implications as the report relates to a land only lease with the Lessor being responsible for all maintenance, repairs and renewal.

 

Statutory Implications

Local Government Act 1995 – Section 3.58 Disposing of property

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

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

Local Government Act 1995 – Section 9.49A Execution of documents

 

Policy Implications

COR 004: Building and Property Leases

Community Services – Category 1

•     Exclusive use or special purpose community funded facilities with minimal Council capital contribution, however located on Council controlled land.

•     Limited community use.

•     Maintenance and operational expenses to be at the lessee’s expense.

•     Groups, Clubs or Organisations would be encouraged to submit applications via the Community Grants Program when requesting Council’s financial assistance.

 

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

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.12 Manage Shire leases and insurances

 

Attachments

a.

Application - Renewal of Lease - Agricultural Showgrounds Building and Horse Stalls - Esperance District Agricultural Society

 

 

 

 

Committee Recommendation

That Council

1.    The lease agreement between the Shire of Esperance and the Esperance & Districts Agricultural Society for portion of Reserve 3287 on plan 219755 is renewed for a further term of 10 years commencing 1 July 2015 ; and

2.    The lease area is expanded to include the area of land occupied by the covered horse stalls.

 

Officer’s Recommendation

That Council agrees to enter into a new lease agreement over the same existing lease area (10,103.66m2) with the Esperance & Districts Agricultural Society for portion of Reserve 3287 on plan 219755 subject to the following;

1.    The agreement be subject to the approval of the Minister for Lands;

2.    The term of the lease be 21 years commencing 1 July 2015;

3.    A redevelopment clause be included in the lease;

4.    A special condition to the lease be included acknowledging that the stalls are located outside of the defined lease area and that the Lessor will not compel relocation or removal of these premises prior to the structures becoming redundant, structurally unsound or before formulation of a jointly agreed redevelopment plan;

5.    An annual rent of $100.00 (ex GST) be applied;

6.    The areas to be clearly defined as an annexure to the agreement; and

7.    Authorises the CEO to execute the lease.

 

Voting Requirement                                 Simple Majority

 

 

 

 

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 108

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 109

 

Item: 12.5.6  

Financial Services Report - March 2016

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/9063

 

 

Attachments

a.

Monthly Financial Report - March 2016 - Under Separate Cover

 

 

Officer’s Recommendation

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

Voting Requirement                       Simple Majority

  


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 110

 

12.6   Executive Services

Item: 12.6.1  

Information Bulletin - April 2016

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/9084

 

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 - April 2016

 

b.

Register - Delegations Discharge – Corporate Resources

 

c.

Minutes - GVROC Officers Technical Working Group Meeting - 18 March 2016 - Under Separate Cover

 

d.

Interplan report - March 2016 - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council accepts the Information Bulletin for February 2016 including;

1.     Register - Delegations Discharge – Corporate Resources

2.     Minutes - GVROC Officers Technical Working Group Meeting - 18 March 2016

3.     Interplan report – January 2016

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 111

 

Agenda Cover Page

 

 

 

Cover Page.jpg

 

 

 

 

 

 

 

 

 

 

 

INFORMATION BULLETIN

 

 

ORDINARY COUNCIL MEETING

 

 

 

 

26 April 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SHIRE OF ESPERANCE

Index

SHIRE OF ESPERANCE    

1            Asset Management         4

1.1         Grading Report                                                                                       4

2            Statutory Division                                                                                   5

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 113

 


Building Licences

 

 

   Approval     Licence        Name & Address of Owner           Builder Name & Address          Reg No           Situation of Building        Type of Work Type of Building   Materials       Roof                           Main                                          No of                          Floor                        Cost $

     Date         Number                                                                                                                                                                                                       of External    Covering   Material of                                                                                                                                                                                                      Buildings       Area       Excluding

                                                                                                                                                                                     Walls                                                                                                                                                                                                                                                 Floor                                                                                                                                                                                                                                                  Sq.M                                                                                                                                                                                                                                                  Land

  23/03/2016      15964                                                       Sime Building Company Pty Ltd         10158      Lot: 38 D: 30555                        New Building    Occupancy Permit ‑         Concrete or Steel                                          Concrete                                            1         1647.0                                    

                                                                              52 The Esplanade                                            28 Norseman Road                                          Classes 2‑9                                      stone

                                                                              ESPERANCE  WA  6450                                  CHADWICK

                            

  08/03/2016      16269                                                       J M Jackson                                                  S/L: 1 S/P: 30179                      Alterations       Dwelling ‑ Single 1                     500.00

                                                                              Address Unknown                                           6A Phyllis Street CASTLETOWN

                            

  10/03/2016      16287                                                       E R Mack                                     1001869     Lot: 203 D: 78393                      New Building    Dwelling ‑ Single       Steel           Steel      Concrete                                     1                                                   168.0      95,000.00

                                                                              21 Butler Street                                               601 Fisheries Road

                                                                              CASTLETOWN  WA  6450                                MYRUP

                                                                                                                                                        New Building    Other Structure 1                      5,000.00

 

  02/03/2016      16299                                                       R J Donaldson Building Contractor     9687       Lot: 336 Pln: 1376                      New Building    Carport       Steel           Steel      Concrete                                     1                                                    85.0       30,000.00

                                                                              Address Unknown                                           1C Castletown Quays

                                                                                                                                                   CASTLETOWN

  14/03/2016      16318                                                       J M Daunt                                      S1020      Lot: 830 D: 87586                      New Building    Dwelling ‑ Single      Brick,           Steel      Concrete                                     1                                                   445.0      660,000.00

                                                                              Lot 71 Dunkley Circuit                                     64 Mitchell Street                                      veneer

                                                                              PINK LAKE  WA  6450                                     CASTLETOWN

                                                                                                                                                        New Building    Garage/Shed       Steel           Steel                                                                                                                                                                           Concrete         1                      104.0 30,000.00

 

  08/03/2016      16319                                                       C J Mansell                                                    Lot: 910 Pln: 51759                    New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  18.0                                        7,000.00

                                                                              3 Alexander Drive                                            30 Alexander Drive

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

  09/03/2016      16325                                                       Wrinkly Tin & Cladding Company                      Lot: 41 Pln: 9425                       New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  47.0                                        12,500.00

                                                                              Pty Ltd                                                          2 Valentine Way

                                                                              3 Corry Street                                                 SINCLAIR

                                                                  ESPERANCE  WA  6450

  09/03/2016      16326                                                       GXE Crop Research Pty Ltd                            Lot: 17 Pln: 73198                      New Building    Other Structure      Other          Other      Concrete                                     2                                                                  128.0                                      7,000.00

                                                                  Address Unknown

                                                                                                                                                   33 McDonald Road

                                                                                                                                                   CHADWICK

                            

  14/03/2016      16327                                                       Wrinkly Tin & Cladding Company                      Lot: 435 Pln: 1376                      New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  49.0                                        15,000.00

                                                                              Pty Ltd                                                          2 Matthews Street

                                                                              3 Corry Street                                                 CASTLETOWN

                                                                  ESPERANCE  WA  6450

  14/03/2016      16328                                                       Glen Echo Pty Ltd                             9556       Lot: 691 Pln: 2788                      Refurbishme    School ‑ Non     Concrete          1         17.0                                          14,700.00

                                                                              4 Hill Street                                                    5 Griffin Street                           nt                   Government

                                                                              CHADWICK  WA  6450                                   WEST BEACH

  24/03/2016      16329                                                       Glen Echo Pty Ltd                             9556       Lot: 1000 Pln: 54602                  Alterations       Dwelling ‑ Single       Fibre           Tiles       Timber                                        1                                                                  166,435.00

                                                                              4 Hill Street                                                    25 Twilight Beach Road                                      Cement                                      (concrete

                                                                              CHADWICK  WA  6450                                   WEST BEACH                                      tiles)

  22/03/2016      16330                                                       M G Williams                                  100241      Lot: 140 Pln: 226523                  New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                   340.0      65,000.00

                                                                              PO BOX 210                                                   Hancock Road

                                                                              Ravensthorpe WA  6346                                  CHADWICK

  21/03/2016      16331                                                       M Rose                                                        Lot: 981 Pln: 52175                    New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  108.0                                      19,500.00

                                                                              Address Unknown                                           13 Sommet Street

                                                                                                                                                   CASTLETOWN

  24/03/2016      16333                                                       S W Hoddy                                                    Lot: 79 D: 89527                        New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  120.0                                      19,000.00

                                                                              220 Orana Drive                                              220 Orana Drive

                                                                              MYRUP  WA  6450                                         MYRUP

  14/03/2016      16334                                                       Southern Port Authority                                    Lot: 19 Pln: 10023                      Alterations       Dwelling ‑ Single     Timber            1         24.0                                          14,000.00

                                                                              The Esplanade                                                45 Bostock Street

                                                                              ESPERANCE  WA  6450                                  WEST BEACH

 

 

Building Licences

 

 

   Approval     Licence        Name & Address of Owner           Builder Name & Address          Reg No           Situation of Building        Type of Work Type of Building   Materials       Roof                           Main                                          No of                          Floor                        Cost $

     Date         Number                                                                                                                                                                                                       of External    Covering   Material of                                                                                                                                                                                                      Buildings       Area       Excluding

                                                                                                                                                                                     Walls                                                                                                                                                                                                                                                 Floor                                                                                                                                                                                                                                                  Sq.M                                                                                                                                                                                                                                                  Land

  17/03/2016      16336                                                       WA Country Builders                        11422      Lot: 174 Pln: 50251                    New Building    Dwelling ‑ Single     Timber          Steel      Concrete                                     1                                                   248.0      292,840.00

                                                                              96‑102 Stirling Terrace                                     4 Barrier Court

                                                                              ALBANY  WA  6330                                         CASTLETOWN

  15/03/2016      16337                                                       C A Doyle                                                     Lot: 333 Pln: 209466                  Alterations       Patio       Steel           Steel      Concrete                                     1                                                                  40.0                                        5,000.00

                                                                              127 Johns Street                                             11 Coolgardie Street

                                                                              WEST BEACH  WA  6450                                NULSEN

                                                                                                                                                        Alterations       Garage/Shed       Steel           Steel                                                                                                                                                                           Concrete         1                      25.0 5,000.00

 

  22/03/2016      16338                                                       M T Withers                                                  Lot: 97 Pln: 19065                      New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  72.0                                        9,000.00

                                                                              86 Walmsley Street                                         2 Lalor Drive

                                                                              BANDY CREEK  WA  6450                              WINDABOUT

  17/03/2016      16339                                                      L M Bennett                                                   Lot: 32 Pln: 185609                    Alterations       Garage/Shed       Steel           Steel      Concrete                                     1                                                                  14.0                                        5,000.00

                                                                              14 Mills                                                          40 Chittock Road

                                                                              Glenhaven  2156                                             COOMALBIDGUP

  21/03/2016      16340                                                       G W Gibson                                                   S/L: 19 S/P: 60076                     New Building    Garage/Shed       Steel           Steel      Concrete                                     1                                                                  20.0                                        10,000.00

                                                                              Address Unknown                                           Fisheries Road

                                                                                                                                                   MERIVALE

  31/03/2016      16345                                                       WA Country Builders                        11422      Lot: 1015 Pln: 400374                 New Building    Dwelling ‑ Single      Brick,           Steel      Concrete                                     1                                                   253.0      274,656.00

                                                                              96‑102 Stirling Terrace                                     6 Wickham Close                                      veneer

                                                                              ALBANY  WA  6330                                         CASTLETOWN

  29/03/2016      16347                                                       Telstra  Corporation Ltd ‑                                  Lot: 123 Pln: 171863                  New Building    Mast/Tower       Steel           Steel      Concrete                                     1                                                                  50.0                                        130,000.00

                                                                              Commercial Works                                          Coolgardie‑Esperance Highway

                                                                              Level 4  490 Northbourne Ave                           SALMON GUMS

                                                                  DICKSON  ACT  2602

 

                                                                                                                                      Total number of Building Licences:                                                                                                                                                                                      22                                                                                                                                                                    $1,892,131.00

 

 


 

Building Approval Certificates (Unauthorised Structures)

 

 

   Approval     Licence        Name & Address of Owner           Builder Name & Address          Reg No           Situation of Building        Type of Work Type of Building   Materials       Roof                           Main                                          No of                          Floor                        Cost $

     Date         Number                                                                                                                                                                                                       of External    Covering   Material of                                                                                                                                                                                                      Buildings       Area       Excluding

                                                                                                                                                                                     Walls                                                                                                                                                                                                                                                 Floor                                                                                                                                                                                                                                                  Sq.M                                                                                                                                                                                                                                                  Land

  18/03/2016      16344                                                       F H D'Emden                                                Lot: 54 Pln: 1376                       Alterations       Patio       Steel        Concrete    1                                               30.0                                                             8,000.00

                                                                              20 Burton Road                                               100 Easton Road

                                                                              CASTLETOWN  WA  6450                                CASTLETOWN

 

                                                                          Total number of Building Approval Certificates (Unauthorised Structures):                                                                                                                                                                                        1                                                                                                                                                                           $8,000.00

 

 

                                                                                               Total number of Licences/Certificates Reported:                                                                                                                                                                                     23                                                                                                                                                              $1,900,131.00

 

     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)

 


 

 

 

 

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 118

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 119

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 120

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 122

 

13.     Reports Of Committees

Item: 13.1  

Minutes of Committees

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8518

 

 

Attachments

a.

Bush Fire Advisory Committee - 05 March 2016 - Under Separate Cover

b.

Esperance Twin Towns Committee - 09 March 2016 - Under Separate Cover

c.

Esperance Museum Management - 09 March 2016 - Under Separate Cover

d.

Lake Monjingup Community Development Group - 09 March 2016 - Under Separate Cover

e.

Ralph Bower Adventureland Park Working Group - 11 March 2016 - Under Separate Cover

f.

Greater Sports Ground Redevelopment Committee - 17 March 2016 - Under Separate Cover

g.

Esperance Museum Management - 30 March 2016 - Under Separate Cover

h.

Lake Monjingup Community Development Group - 30 March 2016 - Under Separate Cover

 

 

Officer’s Recommendation

That Council receive the following committee minutes:

1.    Bush Fire Advisory Committee – 05 March 2016

2.    Esperance Twin Towns Committee – 09 March 2016

3.    Esperance Museum Management Committee – 09 March 2016

4.    Lake Monjingup Community Development Group – 09 March 2016

5.    Ralph Bower Adventureland Park Working Group – 11 March 2016

6.    Greater Sports Ground Redevelopment Committee – 17 March 2016

7.    Esperance museum Management Committee – 30 March 2016

8.    Lake Monjingup Community Development Group – 30 March 2016

9.    Off Road Vehicle Working Group – 11 April 2016

Voting Requirement                       Simple Majority

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 123

 

Item: 13.2  

Esperance Twin Towns Committee Terms of Reference

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8522

 

Applicant

Esperance Twin Towns Committee

 

Executive Summary

To consider the changes to the Terms of Reference for the Esperance Twin Towns Committee.

 

Recommendation in Brief

That Council approves the amendments to the Terms of Reference for the Esperance Twin Towns Committee.

 

Background

The committee conducted a review of the Terms of Reference and identified areas under the Role and Designated Powers and Duties that need updating.

 

Officer’s Comment

Correspondence received from the Esperance Anglican Community School Principal advised that upon reflection it may not be appropriate for the School to be represented on the Committee as they do not teach French, nor see any prospect of doing so in the year ahead. The committee has proposed removal of the school from the membership and increase the community representation from 4 to 5.

 

Adjusting the role to reflect the correct name of the area in France and removal of economic requirements better reflects the role of the committee.

          Role:

To make recommendations to Council on developing and fostering the relationship with St Martin Ill de Re, France, through the promotion of economic, social, cultural and educational links and a student exchange program so as to encourage an understanding of the French culture and the involvement of France in the early history of Esperance.

Designated powers and duties – removal of points 3 as this is covered by other items in the document and adjust point 4:

 

1.  Coordinate the student exchange program in conjunction with the Lions Club of Esperance.

2.  Raise awareness and educate the Esperance community of the twin towns relationship and history through promotion, education and cultural events.

3.  Encourage and support tourism to Esperance from France, and in particular from St Martin de Re

4.  Identify projects and make recommendations to council on activities and events that will enhance and develop the twin towns relationship. with St Martin de Re

5.  Make recommendations to Council and provide regular updates as to the progress of endorsed projects and the student exchange program.

 


Strategic Implications

Strategic Community Plan 2012 - 2022

Social

4.2 Maintain a clear, transparent and ethical decision making process

 

Attachments

a.

Terms of Reference - Esperance Twin Towns Committee

 

 

 

Committee Recommendation

That Council approves the amendments to the Terms of Reference for the Esperance Twin Towns Committee.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 125

 



Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 127

 

Item: 13.3  

2016 Student Exchange Program

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8519

 

Applicant

Esperance Twin Towns Committee

 

Executive Summary

The committee requests Council to review the proposal of receiving three exchange students from France.

 

Recommendation in Brief

That it is recommended to Council that three students from France be accepted for this year’s Student Exchange Program.

 

Background

The student exchange program involves two students each year from Australia and France (alternate years) on a cultural exchange.

 

Officer’s Comment

A letter from the Association Ile De Re - Esperance has been received advising that two French students have been selected. An additional request has been received to accept a third student on this years exchange program. Initial discussions with host families indicate that they are able to accommodate the additional student.

 

Consultation

Discussion with the Esperance host families indicate that they are able to accommodate the additional student.

 

Financial Implications

There are no financial implications in accepting three exchange students.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Facilitate and promote arts and cultural activities for all ages

 

Attachments

a.

Request from the Association ILE DE RE - ESPERANCE

 

 

 

Committee Recommendation

That Council accepts three students from France for this year’s Student Exchange Program.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 128

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 129

 

Item: 13.4  

Esperance Museum Management Committee Terms of Reference

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8524

 

Applicant

Esperance Museum Management Committee

 

Executive Summary

To consider the changes to the Terms of Reference for the Esperance Museum Management Committee.

 

Recommendation in Brief

That Council approves the amendments to the Terms of Reference for the Esperance Museum Management Committee.

 

Background

The committee reviewed the Terms of Reference and identified areas for adjustment.

 

Officer’s Comment

The committee has discussed that the schedule of the committee meetings to be one week prior, the last week of the month, would alleviate timing constraints for any reports to Council. Adjustment of the Meeting Frequency to reflect the “last Wednesday of every second month.”

 

Adjustment to the designated powers and duties as follows. The key volunteer positions in the museum include the Curator and Archivist. The addition of the Archivist needs to be included in point three:

3. To manage and provide guidance to the Museum Curator and Archivist on the development and forward planning of the Esperance Museum and its historical collection.

The Management committee reviews the operations of the Museum and a clear explanation of the areas of assessment will assist in the Management Committee direction. Additional information and removal of wording as highlighted below will assist with this item.

4. To prepare each year a projected operating budget and make recommendations to the Council regarding annual operating budgets and capital initiatives and the works programs for the Esperance Museum.

5. To prepare each year a projected operating budget and work program for the succeeding year, for presentation to Council during the annual budget preparation process.

The day to day operations of the Museum are not considered to be a Management Committee responsibility. Shire officers are appointed to ensure that the Museum day to day operations are conducted. Therefore removal of point 6 is recommended.

6. To make day-to-day management decisions regarding the operations of the museum (excluding those resulting in acquisitions and capital works).

 

The Museum Act 1969 is now redundant and not relevant to the operations of the Museum and should be removed from the Terms of Reference.

 

 

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

4.2 Maintain a clear, transparent and ethical decision making process

 

 

Attachments

a.

Terms of Reference - Esperance Museum Management Committee

 

 

 

Committee Recommendation

 

That Council approves the amendments to the Terms of Reference for the Esperance Museum Management Committee.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 131

 



Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 133

 

Item: 13.5  

Museum Budget Recommendations 2016/2017

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8536

 

Applicant

Esperance Museum Management Committee

 

Location/Address

Internal

 

Executive Summary

Review of the Museum Operating budget for the 2016/2017 financial year.

 

Recommendation in Brief

That Council increases the Museum Curators honorarium by $1,000 and removes the $1,000 honorarium paid to the Museum Shop Supervisor and increases entry fees to achieve the $50,000 admissions budget.

Background

The Museum Management committee has reviewed the current budget for the 2016/2017 financial year.

 

Officer’s Comment

The committee held an in-depth discussion on the budget and determined the only adjustment is to the honorariums. Previously the honorarium was distributed to the curator, archivist, computer operator and the shop supervisor. As the position of the shop supervisor has been taken on by the Esperance Bay Historical Society no honorarium is required for this position. The committee determined that the $1,000 honorarium previously allocated to the Shop Supervisor should be allocated to the Curators position; otherwise, the proposed expenditure budget remains the same as the current year.

 

The committee has recommended that entrance fees remain the same as the current year; however, the current trend suggests that the admissions budget of $50,000 may not be achieved.

 

Financial Implications

A total of $32,850 is required for the museum budget for the 2016/2017 financial year.

Description

Current Year Budget After Review

Current Year Actual 14th April

Proposed Budget

2016/17

Sundry Supplies and Expenses

$8,000

$3,162

$8,000

Advertising and Promotions

$2,000

$0

$2,000

Travel and Accommodation

$1,000

$0

$3,000

Programs and Events

$9,850

$373

$9,850

Honorariums:

Curator

Archivist

Computer Operator

Shop Supervisor

 

$6,000

$2,000

$1,000

$1,000

 

$4,500

$1,500

$750

$750

 

$7,000

$2,000

$1,000

$0

Total Expenditure

$32,850

$11,035

$32,850

Admissions

$50,000

$39,158

$50,000

As at April 12th the Museum has collected $39,000 from admissions. If the trend continues the June 30th position will be $45,000 which is $5,000 under budget.

 

An increase in admission fees may achieve the $50,000 target budget in 2016/17.

Category

Previous Year

2014/15

Current Year

2015/16

Suggested

2016/17

Adults

$6.00

$7.00

$8.00

Children

$2.00

$2.50

$3.00

Pensioners & Seniors

$5.00

$6.00

$6.00

Groups/person

$5.00

$6.00

$6.00

Family

 

$15.00

$20.00

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Maintain a clear, transparent and ethical decision making process

Openness and transparency in Council decisions

 

Attachments

Nil

 

Committee Recommendation

Recommends that Council considers the following budget recommendations for the Esperance Museum in the 2016/2017 financial year budget deliberations:

1.  Sundry Supplies and Expenses: $8,000

2.  Advertising and Promotions: $2,000

3.  Travel and Accommodation: $3,000

4.  Programs and Events: $9,850

5.  Honorarium (distributed to the Curator $7,000, Archivist $2,000, Computer Operator $1,000): $10,000

6.  Admissions: $–50,000

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

 

Officers Recommendation

 

That Council considers the following budget recommendations for the Esperance Museum during the 2016/17 financial year budget deliberations:

 

1.   Schedule of Fees and Charges

Category

2016/17

Adults

$8.00

Children

$3.00

Pensioners & Seniors

$6.00

Groups/person

$6.00

Family

$20.00

 

 

 

 

 

 

2.   Annual Budget

Description

Revenue 2016/17

Expenditure 2016/17

Sundry Supplies and Expenses

 

$8,000

Advertising and Promotions

 

$2,000

Travel and Accommodation

 

$3,000

Programs and Events

 

$9,850

Honorariums:

Curator

Archivist

Computer Operator

 

 

$7,000

$2,000

$1,000

Admissions

$50,000

 

Totals

$50,000

$32,850

 

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 136

 

Item: 13.6  

Lake Monjingup Community Development Group Terms of Reference

Author/s

Lynda Horn

Community Support Officer

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8525

 

Applicant

Lake Monjingup Community Development Group

 

Executive Summary

To consider the changes to the Terms of Reference for the Lake Monjingup Community Development Group.

 

Recommendation in Brief

That Council approves the amendments to the Terms of Reference for the Lake Monjingup Community Development Group.

 

Background

The committee reviewed the Terms of Reference and identified areas for adjustment.

 

Officer’s Comment

The Honorary Caretaker resigned from his position last year and is being replaced by a Grounds Person.

The committee has discussed that the schedule of the committee meetings to be one week prior, the last week of the month, would alleviate timing constraints for any reports to Council. Adjustment of the Meeting Frequency to reflect the “last Wednesday of every second month.”

 

Adjustment to the designated powers and duties to reflect the role of the committee:

2.   To manage and provide guidance to the Honorary Caretaker Grounds Person on the development, forward planning, and maintenance of the Lake Monjingup Reserves.

Removal of point 3 as it is reflected in point 4.

3.   To make recommendations to the Council regarding operating budgets and capital initiatives for the Lake Monjingup Reserves.

4.   To prepare each year a projected operating budget and work program for the succeeding year, for presentation to Council during the annual budget preparation process.

The day to day operations of the reserve are not considered to be a Committee responsibility. Shire officers are appointed to ensure that the reserve day to day operations are conducted. Therefore removal of point 7 is recommended

7. To make day-to-day management decisions regarding the operations of the reserve (excluding those resulting in capital works).

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

4.2 Maintain a clear, transparent and ethical decision making process

 

 

Attachments

a.

Terms of Reference - Lake Monjingup Community Development Group

 

 

 

Committee Recommendation

 

That Council approves the amendments to the Terms of Reference for the Lake Monjingup Community Development Group.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 138

 



Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 140

 

Item: 13.7  

Lake Monjingup Reserves Redevelopment Program

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8526

 

Applicant

Lake Monjingup Community Development Group

 

Location/Address

Lake Monjingup Reserve

 

Executive Summary

This report has been written to provide an outline redevelopment plan for the Lake Monjingup reserves.

 

Recommendation in Brief

That Council endorse the Monjingup Reserves Redevelopment Schedule of Works as a guide to the replacement of infrastructure assets destroyed by the January 2015 bush fire.

 

Background

On the 23rdJanuary 2015 the Lake Monjingup Reserves were severely damaged by fire. The Stage 1 lake conservation area was virtually destroyed. An insurance claim was subsequently lodged for $316,364 to replace built infrastructure and $17,423 to replace equipment used by volunteers to maintain the reserves. The insurance claim was finally settled in October 2015. The equipment claim was unsuccessful and $261,923 was awarded to replace infrastructure.

 

In the meantime the Lake Monjingup Reserves were closed to the public to allow natural regeneration to occur. The Work for the Dole Team has removed hazards from the lake conservation area (stage 1) and the recreation area (stage 2) to make the reserves safe and tidy. A maintenance program for the stage 2 recreation area was reintroduced during August 2015. Stage 2 was reopened to the public in February, largely to provide access to the Pet Cemetery.

 

The Lake Monjingup Community Development Group was disbanded in October 2015 as is the normal procedure during a Council election year. During this period staff have endeavoured to prepare a redevelopment program for consideration by the Lake Monjingup Community Development Group.  

 

Officer’s Comment

The proposed Schedule of Works endeavours to identify the activity (infrastructure to be replaced), a time line, milestones to be achieved, actions/tasks to achieve the desired outcome and officers responsible for each action/task.

 

The procedure is for the Development Group to assess the requirements and decide on the action to be taken. The decisions will then be tabled at the next Council meeting for endorsement. On receiving Council endorsement staff will enact the recommendations or report back to the Development Group any amendments or additional information required.

It is proposed that infrastructure that does not require design plans (seats, tables, water tanks) are purchased from suppliers offering the best value for money. It is expected that the Development Group will identify locations for these products and mark them on the site map for assembly and installation by the Work for the Dole Team or volunteers

Infrastructure that requires design and professional construction will be subject to research and recommendations from the Shire Environmental and Building Departments. It is recommended that basic construction e.g. boardwalks, gazebos, post and rail car park fencing,etc. follows the guidelines of the South Coast Management Group’s Coastal Management Specification Manual. Other more specialised structures such as the Enviro Centre and recommended sealed vault toilet will require design plans and construction drawings to be included as a component of the construction costs.

 

Consultation

A preliminary planning meeting was held on 16th February with Work for the Dole Co-ordinator Bruce Simmons, Manager Parks and Reserves Jason Rhodes, Environmental Officer Julie Waters, Manager Corporate Support Jen Parry and Community Support Officer Lynda Horn.

 

Financial Implications

There are no financial implications arising from this report as the proposed redevelopment plan is funded from the fire insurance claim payout of $261,923.

 

Asset Management Implications

The Asset management implications have not been determined as the redevelopment program is primarily replacing infrastructure destroyed by fire with like for like.

 

Statutory Implications

The statutory implications associated with this item are included within:

1.  Local Government Act 1995 Sec. 3.57 Tenders for providing goods or services

2.  Local Government (Functions and General) Regulations 1996 Division 2 - Tenders for providing goods or services

3.  Building Code of Australia

 

Policy Implications

The policy implications arising from this report are governed by:

1.  Procurement Policy CORP 007

2.  Public Land Asset Strategy EXE 022

3.  Asset Management ASS 021

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Environment

Strategy 2.1 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

Action 2.1.1.2 Partner with key stakeholders to seek funding and deliver environmental protection, restoration and enhancement projects.

 

Environmental Considerations

The environmental considerations arising from this report are provided within the Lake Monjingup Landscape Master Plan 2009, Section 5, Environmental Management.

 

 

 

 

Attachments

a.

Schedule of Works

 

b.

Photo Display of Assets to be Replaced

 

 

 

Officer’s Recommendation

That Council endorse the Monjingup Reserves Redevelopment Schedule of Works as a guide to the replacement of infrastructure assets destroyed by the January 2015 bush fire.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 143

 

Project Name: Monjingup Reserves Redevelopment

Schedule of Works

Activity

Time line

Milestones

Actions/Tasks

Responsibility

Work Order 2633

 

Replace 14 seat and table settings suitable for persons with disability.

Budget $17,318 + freight $438

 

Replace 10 bench seats

Budget $6,400 + freight $438

 

Replace 6 x Enviro Centre Notice Boards

Budget $2,638

 

Replace 2 x water storage tanks

Budget $1,261

 

(Potential WFD Project)

March 9th- Research suitable products

Committee reviews and agrees on requirements

Obtain brochures and product information

 

J.Rhodes

March 18th - Obtain at least 2 written quotes

Quotes received

Quotes assessed and budget verified

J.Rhodes

April 6th. – Committee agrees to locations

Committee endorses locations

Locations  are formalized by resolution of the committee

R.Hilton

April 26th – Council endorsement of replacement program & locations

Report prepared for Council endorsement

Report included into Ordinary Council meeting agenda by April 6th.

R.Hilton

May 6th – Place orders

Purchase order issued

Prepare Purchase order (W/0 2633)

J.Rhodes

May 23rd  – Purchase received

Purchased products arrive at depot

Products stored in temporary location awaiting assembly

J.Rhodes

May 30th – Assembly and installation commenced

Purchased products assembled

WFD team commence assembly and installation

J. Holmes

June 30th – Park furniture and tanks installed

Installation completed

Promote reinstatement of park furniture

L.Horn

Activity

Time line

Milestones

Actions/Tasks

Responsibility

 

A/c 3210-350-504

 

Replace Ride on Mower

Budget $6,000

March 9th -Committee endorsement  of 42” Hussler Ride On Mower

 

Committee reviews and agrees on requirements

 

Obtain brochures and product information

 

J.Rhodes

March 25th t- Obtain 2 quotes.

Quotes received

Obtain at least 2 written quotes

Ensure budget is sufficient for purchase and delivery of product.

J. Rhodes

April 4th -Place order

Purchase order issued

Prepare Purchase order

J.Rhodes

April 20th – Purchase received

Purchased product delivered to Monjingup site.

Product located into Sea Container storage on site

J.Rhodes

Activity

Time line

Milestones

Actions/Tasks

Responsibility

Work Order 2633

 

Replace Enviro Centre Pavillion

Budget $31,000

 

Replace toilet building

Budget $39,604

 

Replace 5 shade shelters

Budget $8,750

 

Replace Bird Hide

Budget $6,000

 

Replace foot bridge across creek

Budget $1,800

 

March 9th - Research suitable designs.

Designs for each facility are tabled and assessed

Review Coastal Management Specification manual.

 

Consider specific design requirements

 

Consider replacement of like with like

 

Consider seeking building plans from builder/designer.

J. Rhodes/J.Waters

Activity

Time line

Milestones

Actions/Tasks

Responsibility

 

Replace Gazebo

Budget $5,000

 

Replace Boardwalk

Budget $86,200

 

Replace Pet cemetery entrance facility

Budget $0

 

March 9th – Confirm preferred locations

Locations are mapped onto reserve plan.

Reserve Plan is updated with proposed locations of replacement facilities

R.Hilton

April 6th – Committee agrees to design and location

Committee endorses facility designs and locations

Design specifications and locations are formalized by resolution of the committee

R.Hilton

April 26th – Council endorsement of replacement program & locations

Report prepared for Council endorsement

Report included into Ordinary Council meeting agenda by April 6th.

R.Hilton

May 16th – Building approval obtained

Plans submitted to Building Dept  for Building License

Building Permits issued

S.Ardille

May 30th – Tenders/quotes  called for construction of facilities.

Tender papers and design drawings prepared and advertised

Tenders are advertised for 14 days

A.Rolton

June 30th – Tenders/quotes assessed

Tenders/quotes assessed by panel to include S.Ardille, Presiding member, Executive Officer.

Tenders received and assessed

S.Ardille

July 4th – Contract awarded

Purchase order issued

Issue Purchase Order/contract

S.Ardille

August 1st – Construction commences.

Building materials on site and builder engaged

Builder commences construction

S.Ardille

November 30th  – Construction completed

Construction approved for occupancy

Occupancy certificate received.

S.Ardille

Activity

Time line

Milestones

Actions/Tasks

Responsibility

Work Order 2633

 

Replace perimeter fencing

Budget $50,000

 

(Part WFD Project)

March 9th- Identify fencing type and location 

Committee reviews and agrees on type and location

Obtain product information.

 

Reserve Plan is updated with proposed locations of fencing.

 

J.Rhodes

March 14th – WFD Project team dismantles and removes damaged fencing

Damaged fencing removed by May 30th

Add removal of damaged fencing to WFD Works Program

J.Holmes

April 26th – Council endorsement of fencing replacement program

Report prepared for Council endorsement

Report included into Ordinary Council meeting agenda by April 6th.

R.Hilton

May 9th – Tenders/quotes called for fence construction..

Tender papers and design drawings prepared and advertised

Tenders are advertised for 14 days

A.Rolton

May 30th – Tenders/quotes assessed

Tenders/quotes assessed by panel to include S.Ardille, Presiding member, Executive Officer.

Tenders received and assessed

S.Ardille

June 6th – Contract awarded

Purchase order issued

Issue Purchase Order/contract

S.Ardille

July 1st – Construction commences.

Building materials on site and builder engaged

Builder commences construction

S.Ardille

July  30th  – Construction completed

Construction approved by Building Property  Coordinator

Fencing erected and approved.

S.Ardille

Activity

Time line

Milestones

Actions/Tasks

Responsibility

Work Order 2633

 

Replace car park bollards and fences

Budget $2,675

 

(Potential WFD Project)

March 9th- Identify car parking locations and fencing type and location 

Committee reviews and agrees on type and location

Obtain product information

 

Reserve Plan is updated with proposed locations of replacement car parks and fencing

 

J.Rhodes

April 26th – Council endorsement of car parking and fencing replacement program

Report prepared for Council endorsement

Report included into Ordinary Council meeting agenda by April 6th.

R.Hilton

May 9th –Quotes obtained for car park and fence construction.

Design drawings prepared for quotations.

Quotes are received to construct car parks and fencing

J.Rhodes

May 30th – Contract awarded

 

Purchase order issued

Issue Purchase Order/contract

J.Rhodes

June 1st – Construction commences.

Building materials on site and builder engaged

Builder commences construction

J.Rhodes

June  30th  – Construction completed

Car parking areas are defined by bollards and fencing.

Construction approved by Manager Parks and Reserves

J.Rhodes

Activity

Time line

Milestones

Actions/Tasks

Responsibility

Work Order 2633

 

Replace Interpretative and directional signs

Budget $2,400 (potential for additional grant funding)

 

(Potential WFD Project)

March 9th - Research type and style of signs.

Types of signs for each location  are tabled and assessed

Review Coastal Management Specification manual.

 

Consider specific design requirements

 

Consider replacement of like with like

J. Rhodes/J.Waters

April 6th. – Committee agrees to style and location of signs.

Committee endorses style and locations

Locations  are formalized by resolution of the committee and added to Reserve map

R.Hilton

April 26th – Council endorsement of signs replacement program & locations

Report prepared for Council endorsement

Report included into Ordinary Council meeting agenda by April 6th.

R.Hilton

May 2nd - Obtain at least 2 written quotes

Quotes received

Quotes assessed and budget verified

J.Rhodes

May 6th – Place orders

Purchase order issued

Prepare Purchase order (W/0 2633)

J.Rhodes

May 23rd  – Purchase received

Purchased products arrive at depot

Products stored in temporary location awaiting assembly

J.Rhodes

May 30th – Assembly and installation commenced

Purchased products assembled

WFD team commence assembly and installation

J. Holmes

June 30th – Signs installed

Installation completed

Promote reinstatement of park signs.

L.Horn

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 149

 

Lake Monjingup Reserve Assets Damage Replacement Listing

 

 

1 x Composting Toilet

Pine construction, elevated

Elevated pine timber with colour bond roof composting unisex toilet with ramp. Dimensions approx 4m x 3m.

Insurance Claim $39,604

5 x Shelters

4 post, pine/tin, coc floor

Pine poles with colour bond roof. Dimensions approx 3m x 3m

Insurance Claim $1,750 each

Pavillion

Jack Ewert, large, pine construction, paved

 

Pine timber construction with guttered colour bond roof with skylights. Paved floor. Dimensions approx 7m X 11m

Insurance Claim $31,000 plus 6 notice boards $2,638

2 x Water Tanks

Fibreglass, 1000L

Insurance Claim $630 each

Shelter

Bird hide, pine, on lake

Pine timber with colour bond roof constructed on pine timber board walk. Dimensions approx 4m x 4m.

Insurance Claim $6,000

6 m Footbridge

Timber construction, 6m with handrails

Pine timber board walk bridge 6m x 1.2m with pine log rails and wire bird mesh covering to provide non slip surface.

Insurance Claim $1,800

1 x Gazebo

Gazebo, timber, on walk trail.

Pine timber with colour bond roof on timber platform.  Hexagonal shape approx 4m x 4m

Insurance Claim $5,000

440 m of Boardwalk

Pine, 1-1.2m width, approx. 440m in length

  

Pine timber boardwalk

200m x 1.2m with bird wire mesh to provide antiskid surface.

240m  x 1.2m elevated to approx 1.5m high with pine log handrails and with bird wire mesh to provide antiskid surface.

Insurance Claim $84,700 plus $1,500 for chicken wire

100m Car park fencing

100m timber post and rail across 4 car parks

Pine log post and rail fencing. Approx 100m.

Insurance Claim $2,675

14 x combo seat tables

steel frame, timber top and seats X 14

Insurance Claim $1,237 each

Freight $876 for 14 combo’s and 10 seats

10 x Seats

Park Bench X 10

 

Insurance Claim $640 each

Interpretative Signs

Installed on grounds, Aluminium printed, on pine poles - Qty 30

 

30 x interpretative signs. Aluminium on steel poles.

Insurance Claim $2,400


Perimeter fence

Rabbit Proof mesh - 8km

  

 

8 km of rabbit proof fence with star pickets

Insurance Claim $50,000

Sea Container

Garden storage shed, tools inside

 

Insurance Claim $0

Shelter & seat

Pet Cemetery timber, iron roof, gazebo & Seat

Pine timber with colour bond roof on gravel base. Approx 4m x 2.5m

Insurance Claim $0

Windmill / Bore

water supply

Insurance Claim $0

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 155

 

Item: 13.8  

Greater Sports Ground Redevelopment Committee Terms of Reference

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/7922

 

Applicant

Greater Sports Ground Redevelopment Committee

 

Location/Address

Internal

 

Executive Summary

This report recommends amendments to the Greater Sports Ground Redevelopment Committee’s Terms of Reference by the inclusion of an EDRA representative.

 

Recommendation in Brief

That Council amends the Terms of Reference for the Greater Sports Ground Redevelopment Committee.

 

Background

The Terms of Reference for the Greater Sports Ground Redevelopment Committee were reviewed at the 17th March meeting. The Committee considered that EDRA, as the peak sports body for the Esperance district, should be specified in the Terms of Reference as having a representative on the Greater Sports Ground Redevelopment Committee. 

 

Officer’s Comment

Whilst EDRA is represented on the Greater Sports Ground Redevelopment Committee by David Rigney, Lesa Blackham, and Carmel Creed these members have been self nominated as community representatives.

 

The specification of an EDRA representative in the Terms of Reference for the Greater Sports Ground Redevelopment Committee will ensure that EDRA has the opportunity to nominate a representative to represent it’s interests on the committee.

 

Statutory Implications

The statutory implications associated with this item are contained within the Local Government Act 1995 Section 5.8 establishment of Committees.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

A clear direction for the future

 

 

 

 

 

 

Attachments

a.

Terms of Reference - Greater Sports Ground Redevelopment Committee

 

 

 

Committee Recommendation

That Council approves the amendments to the Terms of Reference for the Greater Sports Ground Redevelopment Committee.

 

Voting Requirement                       Simple Majority

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 157

 



Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 159

 

Item: 13.9  

Proposal to Investigate Temporary Soccer Venue - Overflow Camping Area

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/7899

 

Applicant

Greater Sports Ground Redevelopment Committee

 

Location/Address

Overflow Camping Area – Greater Sports Ground

 

Executive Summary

To consider the potential for investigating the use of the Greater Sports Ground overflow camping area as a temporary venue for soccer to take pressure off the Little Lords Soccer Grounds.

 

Recommendation in Brief

That the Greater Sports Ground Redevelopment Committee investigates the potential for upgrading the overflow camping area on the Greater Sports Ground as a temporary soccer training venue.

 

Background

The growth of Soccer has intensified the use of the Little Lords soccer ground to such an extent that grounds maintenance and damage repairs have escalated significantly. It is estimated that between $10,000 and $12,000 has been spent over and above routine maintenance this financial year to repair grounds damage, particularly in the goal shooting areas. The grounds were unusable over the summer period.

 

The Soccer Association requests Council consideration of developing a new soccer field aligned east/west between the new reticulation water tank and the Little Lords soccer field to the north of the former Badminton Stadium on the land where the covered horse stalls currently stand. This land is also being sought by the Esperance & Districts Agricultural Society for inclusion into an amended lease presumably to protect its interest in the covered horse stalls.

 

The Greater Sports Ground Redevelopment Committee has suggested it may be appropriate to investigate the potential for upgrading the overflow camping area on the Greater Sports Ground as a temporary soccer training venue as an alternative to demolition or relocation of the covered horse stalls at this time.

 

Officer’s Comment

By supporting the committee recommendation to investigate the potential for upgrading the overflow camping area as a soccer training venue Council is providing an opportunity to explore all options to support and assist the Soccer Association in meeting the needs of its members and relieving future grounds damage to the Little Lords playing fields.

 

Consultation

The investigation into alternative soccer grounds will require the committee to consult with the Esperance Soccer Association as to its needs and requirements to facilitate soccer games on the Greater Sports Ground.

 

Financial Implications

There are no financial implications arising from this report as the recommendation is seeking Council approval for the committee to initiate an investigation into the use of the overflow camping grounds as a temporary soccer training venue.

 

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

 

Attachments

Nil

 

Committee  Recommendation

That it is recommended to Council that the Greater Sports Ground Redevelopment Committee investigates the potential for upgrading the overflow camping area on the Greater Sports Ground as a temporary soccer training venue.

 

Officer’s Recommendation

That Council request the CEO to investigate the potential for upgrading the overflow camping area on the Greater Sports Ground as a temporary soccer training venue and report back to the Greater Sports Ground Redevelopment Committee.

 

Voting Requirement                       Simple Majority

 

 

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 161

 

Item: 13.10  

Request for Amendment to Greater Sports Ground Redevelopment Plan – Esperance Soccer Association

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/7908

 

Applicant

Greater Sports Ground Redevelopment Committee

 

Location/Address

Greater Sports Ground, Black Street, Esperance

Executive Summary

This report has been prepared in response to a request from the Esperance Soccer Association for a proposed amendment to the Greater Sports Ground Redevelopment Plan to retain the former Badminton Stadium as a Soccer Club House and as a priority to redevelop a new soccer field aligned east/west between the new reticulation water tank and the Little Lords soccer field to the north of the former Badminton Stadium on the land where the covered horse stalls currently stand.

 

Recommendation in Brief

That Stage 2 of the Greater Sports Ground Redevelopment Plan, the development of Soccer Field 2, be implemented as a priority.

 


Background

On the 17th March 2016 the Greater Sports Ground Redevelopment Committee considered the following item submitted by the Esperance Soccer Association.

To accommodate Club growth the Soccer Association has prioritised its needs as being:

1.   Increased grounds space for competition and training. Little Lords and the Old Hockey grounds are currently used to capacity causing the playing surfaces to deteriorate; and

2.   To develop the recently acquired former Badminton Stadium (Soccer Shed) into very basic and functional club rooms for administrative functions, social opportunities and equipment storage.

The Soccer Association has identified the following barriers to the growth of soccer on the Greater Sports Ground.

1.   The order of development of the soccer fields suggest it is unlikely that there will be any sizeable increase in playing space within the next 5 years. The next soccer field to be developed (Old Hockey Ground) will require the demolition and replacement of a public toilet block and underground electrical infrastructure which may financially delay any playing fields expansion.

2.   All current buildings on the soccer fields development site (Netball Clubhouse, Horse Stalls, Badminton Stadium) are planned for demolition. The development of a new Multisport Pavilion  to service the eastern and western precincts of the GSG is listed as a long term objective which does not address the current need for club house facilities and equipment storage facilities within a practicable distance of new playing fields in the north east corner.

3.   The Shires commitment to renovation and expansion of the Indoor Sports Stadium is likely to direct funds away from playing fields development.

4.   User groups are disadvantaged from applications to external grant bodies to fund development projects if they cannot prove their permanency on Shire development plans.

The Soccer Association proposes the GSG Redevelopment Plan is amended:

1.   To prioritise development of a full size (90m) soccer field set in an east/west alignment between the new water tank and Little Lords field, to the north of the former Badminton Stadium(now Soccer Clubhouse) on the land occupied by the covered horse stalls. By prioritising a new field, the expansion of the current small field (Old Hockey Ground) and the need to demolish and replace the toilet block, bore, and in ground electrical infrastructure can be deferred. This would also enable the Soccer Club house to remain as a permanent building to the benefit of all user groups.

2.   Approve the Soccer Clubhouse as a permanent sports facility. This will support the Soccer Association in applications for facility improvement grants.

3.   Development of the Netball courts as Soccer playing fields is the last priority to allow more time for Netball to become fully accommodated in the redeveloped Indoor Sports Stadium

 

The Greater Sports Ground Redevelopment Committee however felt that the existing redevelopment plan should be retained and implemented, resolving that the Old Hockey Ground (Soccer Field 2) should be expanded from the existing ¾ size field to a full size field to assist the Soccer Association with its growth in numbers.

 

Officer’s Comment

Under the GSG Redevelopment Plan the next field to be developed is the former Old Hockey ground is Soccer Field 2.

The Soccer Association has proposed that the option of a ¾ size playing field immediately north of the former Badminton Stadium would better meet the clubs short term objectives and relieve the pressure on the Little Lords ground. The majority of players are juniors to whom a ¾ sized field is sufficient for competition and training. The proximity of the clubhouse facility also offers the opportunity for external lighting to be attached to the club house to illuminate the field for after dark training purposes. This proposal would require the covered horse stalls to be relocated or removed.

The current GSG Redevelopment Plan does not provide for any club facilities in the northeast corner of the GSG. In April 2015 (Res O0415-039) Council agreed to provide a 10 year land only lease to the Soccer Association for the land beneath the former Badminton Stadium. This action has provided the Soccer Association with security of tenure for at least 10 years to enable the Association to develop the building as a club house and storage area to cater for its members and other user groups requiring access to facilities on the north east section of the GSG. The Soccer Association also requests Council to consider retention of the former Badminton Stadium as a permanent clubhouse facility for the northeast section of the GSG.

While the request from the Soccer Association should be acknowledged, it is important to note that this request is not consistent with the existing Council’s GSG Redevelopment Plan.

Consultation

Esperance Soccer Association

Greater Sports Ground Redevelopment Committee

 

Financial Implications

The financial implications arising from this report are:

1.  Without additional grounds to play on it is expected that the intensive use of the Little Lords Soccer Ground will increase grounds maintenance costs by $10,000 - $12,000 annually.

2.  Redevelopment of the Old Hockey Ground into a full sized playing field is estimated at $150,000

3.  Redevelopment of the area to the north of the former Badminton Stadium into a full sized playing field has been estimated at $250,000

4.  Redevelopment of the area to the north of the former Badminton Stadium into a ¾ sized playing field has been estimated at $200,000

These estimates were provided as a desk top analysis by the former Director of Asset Management Gavin Harris and have been verified with the current Director.

Asset Management Implications

The Asset Management implications of this report will be dependent on the preferred options selected.

Retention of the Badminton Stadium as a Club House facility will be the responsibility of the Club or Clubs; therefore, Council will not be exposed to any future financial liability.

The Department of Sport and Recreation Life Cycle Cost Guidelines suggest that the annual maintenance and operating costs for a ¾ size Soccer field over 25 years will be $27,597 per annum.

Policy Implications

The Greater Sports Ground Redevelopment Plan is the guiding document for redevelopment of the Greater Sports Ground. The Plan lists the development of Soccer Field 2 (Old Hockey Ground) as stage 2 – short term.

 

 

 

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

Action 1.6.1.1 Coordinate implementation schedule for the Sports Facilities and Services Master Plan.

 

Attachments

a.

Greater Sports Ground Layout - Current

 

 

Committee Recommendation

That Council instruct the CEO to implement Stage 2 of the Greater Sports Ground Redevelopment Plan, the development of Soccer Field 2, as a priority.

 

Voting Requirement                                 Simple Majority

 

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 165

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 166

 

Item: 13.11  

Request for Amendment to Greater Sports Ground Redevelopment Plan Stage 5

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8058

 

Applicant

Greater Sports Ground Redevelopment Committee

 

Location/Address

Greater Sports Ground

 

Executive Summary

This report is written as a recommendation to Council for the committee to review the wording used in the GSG Redevelopment Plan to eliminate the connotation of “temporary facilities” which is perceived to be a barrier to funding bodies.

 

Recommendation in Brief

That Council supports the Greater Sports Ground Redevelopment Committee undertaking a review of the Greater Sports Ground Redevelopment Plan to determine alternative wording in relation to the removal of facilities in Stage 5 to eliminate the connotation of “temporary facilities”.

 

Background

At the March 17th meeting of the Greater Sports Ground Redevelopment Committee Mrs. Creed reported that the Department of Sport and Recreation and other funding bodies are reluctant to fund facility improvements when the Master Plan for GSG Redevelopment uses the terminology of “short, medium and long term” without a time frame to demonstrate when actions will occur. In particular, “Stage 5 – Removal of Badminton Hall, Netball Courts, remaining stables and Netball Club rooms to allow the development of a further two soccer fields”, is identified as Medium Term. Mrs. Creed advised that funding bodies are interpreting this as meaning the Badminton Hall and Netball Clubrooms are temporary structures which makes them ineligible for grant funds to make capital improvements to these facilities.

 

In relation to the Badminton Stadium, the stadium is currently leased by the Esperance Soccer Association for 10 years as a Club house. The Soccer Association claims that the connotation of the facility being of a temporary nature is likely to jeopardize potential funding applications for upgrade works to make the facility fit for purpose as a club house.

 

Officer’s Comment

Occupancy of the Badminton Stadium is determined by the period of the lease (10 years) to the Soccer Association. There is little that can be done to change the connotation of “temporary facility” whilst the Master Plan for GSG Redevelopment designates that in the medium term the Badminton Hall will be removed to make way for development of an additional soccer field.

 

Council does have the option of extending the lease period to indicate a longer term of tenancy. In making this decision consideration will also need to be given to the capacity of the facility to last for a period longer than 10 years without major structural maintenance or renewal.

Another option is to remove the Stage and Short, Medium and Long Term terminology and replace with priority numbers – priority 1, priority 2 etc.

Policy Implications

The Greater Sports Ground Redevelopment Plan is the guiding document for redevelopment of the Greater Sports Ground.

 

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

 

Attachments

Nil

 

Committee Recommendation

That Council supports the Greater Sports Ground Redevelopment Committee undertaking a review of the Greater Sports Ground Redevelopment Plan to determine alternative wording in relation to the removal of facilities in Stage 5 to eliminate the connotation of temporary facilities.

 

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 168

 

Item: 13.12  

Noel White Pavilion Asbestos Contamination

Author/s

Rod Hilton

Executive Manager Community Division

 

Mathew Walker

Acting Director Asset Management

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/7940

 

Applicant

Greater Sports Ground Redevelopment Committee

 

Location/Address

Noel White Pavilion

 

Executive Summary

To consider appropriate action following receipt of a report indicating the presence of asbestos in dust samples collected from within the Noel White Pavilion.

 

Recommendation in Brief

That Council, as a matter of urgency implements an asbestos management plan for the Noel White Pavilion and surrounds.

 

Background

At the 17th March Greater Sports Ground Redevelopment Committee meeting Mr. G. Mackenzie tabled a report on behalf of the Esperance Basketball Association and the Esperance and Districts Agricultural Society from Lancall Perth laboratory indicating the presence of asbestos in dust samples collected from within the Noel White Pavilion.

 

Mr. Mackenzie wrote a letter found in attachment A to the Shire requesting that Council provide an action plan within 7 days on how issue of asbestos fibers found would be dealt with.

 

Officer’s Comment

The Shire of Esperance takes it responsibility of managing Asbestos Containing Materials seriously and in accordance with the regulations set out. As part of our responsibilities set out in the Code of Practice for Management and Control of Asbestos in Workplaces [NOHSC:2018(2005)] an Asbestos Management Plan has been prepared which covers all building that the Shire has responsibility for and is included in Attachment D. As part of the Asbestos Management Plan an Asbestos Materials Survey was undertaken by SERS in August 2015 on the Noel White Pavilion which can be found in attachment C.  The report confirmed that there are asbestos containing materials in the Noel White Pavilion and that the roof is in poor condition.

 

A copy of the report by Lancall Perth laboratory was provided to the Shire of Esperance on the 17th March including a request for an action plan.

 

As there were concerns that the asbestos risk maybe greater than first thought, SERS were engaged to undertake air monitoring of asbestos fibers in the Pavilion and provide a further report on any actions required. The report found in attachment B found that there was no immediate risk as the asbestos fiber air sampling analysis was well below threshold levels. The recommendation to remove the roof is already a part of the Indoor Sports Stadium upgrade project and does not need to escalated.

 

Financial Implications

The cost to remove the asbestos roof and plumbing in the Noel White Pavilion is estimated to cost $150,000  

 

Statutory Implications

Occupiers Liability Act 1985:

Section 5 Duty of Care of occupier

Section 9 Duty of Care of landlord.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Create and maintain a safe environment for the community

A feeling of safety within our neighbourhoods and a sense of being looked out for

 

Environmental Considerations

The environmental considerations arising from this report are related to the potential dispersal of dust containing asbestos into the environment surrounding the Noel White Pavilion.

 

 

Attachments

a.

Indoor Sports Stadium Letter - Asbestos Concerns

 

b.

Indoor Sports Stadium - Asbestos Material Survey

 

c.

Indoor Sports Stadium - Asbestos Investigation

 

d.

Shire of Esperance - Asbestos Managment Plan - Confidential

 

 

 

Committee Recommendation

That Council recieve the Lancall Analytical Report issued 15 March 2016 to client: Graham Mackenzie for Project: Esperance Sports Stadium.

 

Officer’s Recommendation

That Council

1.   Note the received Lancall Analytical Report and continue to manage the asbestos risk in the Noel White Pavilion as per the Shire of Esperance Asbestos Management Plan.

2.   Provides the Esperance Indoor Sports Stadium Management Committee with a copy of the Shire of Esperance Asbestos Management Plan.

 

Voting Requirement                       Simple Majority

 


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Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 222

 

Item: 13.13  

Appointment of Fire Control Officers

Author/s

Lonica Collins

Community Emergency Services Coordinator

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/8899

 

Applicant

Bush Fire Advisory Committee

 

Location/Address

Shire of Esperance

 

Executive Summary

That Council endorse the appointment of the Senior Fire Control Officers for the 2016/17 fire season

 

Recommendation in Brief

That Council authorise the following appointments in accordance with the Bush Fire Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

 

          Chief Bush Fire Control Officer                                              Ashley Stewart

          Deputy Chief Bush Fire Control Officer                                  Gavin Egan

          Senior Fire Control Officer – West Zone                                Will Carmody

          Senior Fire Control Officer – West Coast Zone                      Kingsley Scott

          Senior Fire Control Officer – North Zone                               Rory Graham

          Senior Fire Control Officer – East Zone                                 Lyndon Mickel

          Senior Fire Control Officer – East Coast Zone                       Andrew Middleton

          Senior Fire Control Officer – Urban Rural Zone                     Tom Parkins

          Deputy Senior Fire Control Officer – West Zone                    Bruce Pengilly

          Deputy Senior Fire Control Officer – West Coast Zone                   Peter Luberda

          Deputy Senior Fire Control Officer – North Zone                            Chris Hallam

          Deputy Senior Fire Control Officer – East Zone                     Peter Harkness

          Deputy Senior Fire Control Officer – East Coast Zone           Simon Fowler

          Deputy Senior Fire Control Officer – Urban Rural Zone                  Peter Rowe

         

Background

The Shire of Esperance provides a structure within the bush fire community in accordance with the Bush Fires Act 1954. The Committee appoints the Chief Bush Fire Control Officer, a Deputy Chief Bush Fire Control Officer, a Senior Fire Control Officer and a Deputy Senior Fire Control Officer for each of the fire zones within the Shire. These positions are declared vacant at the April Bush Fire Advisory Committee meeting and nominations are held.

 

Officer’s Comment

In 2008, Deputy roles were established to provide a mentoring capacity for Officers in the Seniors role to groom Deputies into the role and to provide a succession plan.

 

Each of these Officers have the training, experience and capacity to fulfill these leadership roles.

 

Consultation

As nominated by the Bush Fire Advisory Committee.

Statutory Implications

Bush Fires Act 1954

 

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.4     Encourage and support volunteer and community groups

1.5     Create and maintain a safe environment for the community

 

 

Attachments

a.

Bush Fire Advisory Committee minutes

 

 

Officer’s Recommendation

That Council authorise the following appointments in accordance with the Bush Fires Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

 

Chief Bush Fire Control Officer                                                    Ashley Stewart

Deputy Chief Bush Fire Control Officer                                       Gavin Egan

Senior Fire Control Officer – West Zone                                                Will Carmody

Senior Fire Control Officer – West Coast Zone                           Kingsley Scott

Senior Fire Control Officer – North Zone                                      Rory Graham

Senior Fire Control Officer – East Zone                                        Lyndon Mickel

Senior Fire Control Officer – East Coast Zone                                      Andrew Middleton

Senior Fire Control Officer – Urban Rural Zone                           Tom Parkins

Deputy Senior Fire Control Officer – West Zone                          Bruce Pengilly

Deputy Senior Fire Control Officer – West Coast Zone              Peter Luberda

Deputy Senior Fire Control Officer – North Zone                        Chris Hallam

Deputy Senior Fire Control Officer – East Zone                          Peter Harkness

Deputy Senior Fire Control Officer – East Coast Zone               Simon Fowler

Deputy Senior Fire Control Officer – Urban Rural Zone             Peter Rowe

Voting Requirement                                 Simple Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 224

 

SHIRE OF ESPERANCE

 

BUSH FIRE ADVISORY COMMITTEE

HELD ON TUESDAY, 5th March 2016

COMMENCING AT 7.00pm    

IN THE COUNCIL CHAMBER

 

MINUTES

 

1       OFFICIAL OPENING

          Cr Bowman thanked all for their attendance and opened the meeting at 7.05pm.

 

2       ATTENDANCE

2.1 Brigade Delegates

      Cr Natalie Bowman                    Shire of Esperance

      Tom Brown                                      Chief Bush Fire Control Officer

      Ashley Stewart                          Deputy Chief Bush Fire Control Officer

      Kingsley Scott                           Senior Fire Control Officer – West Coast Zone

Rory Graham                            Senior Fire Control Officer – North Zone

      Gavin Egan                               Senior Fire Control Officer – East Zone

      Andrew Middleton                      Senior Fire Control Officer – East Coast Zone

      Tom Parkins                             Senior Fire Control Officer – Urban Rural Zone

      Bruce Pengilly                           Cascade Bush Fire Brigade

Lyndon Mickel                           Condingup Bush Fire Brigade

Andrew McDonald                      Coomalbidgup Bush Fire Brigade

Wes Graham                            Dalyup Bush Fire Brigade

      Dave Mills                                 Gibson Bush Fire Brigade

      Peter Harkness                          Mt Beaumont Bush Fire Brigade

      Ashley Reichstein                               Neridup Bush Fire Brigade

      Michael Sainty                           Pink Lake Bush Fire Brigade

John Durdin                              Quarry Road Bush Fire Brigade

Jason Allan                               Salmon Gums Bush Fire Brigade

      Daren Curnow                           Scaddan Bush Fire Brigade

      Shane Rothnie                           Emergency Support Unit

 

2.2 Ex Officio/Observers

Dave Turnbull                           Dept Parks and Wildlife

Aaron Parker                            Fire and Rescue

Mel Ammon                              Shire of Esperance

Lonica Collins                            Shire of Esperance

Cr Victoria Brown                               Shire of Esperance

 

2.3 Guests

Will Carmody                            Cascade Bush Fire Brigade

Peter Luberda                           Dalyup Bush Fire Brigade

Cody Govans                            Gibson Bush Fire Brigade

Blake Halford                            Gibson Bush Fire Brigade

Phil Longmire                            Mt Beaumont Bush Fire Brigade

Ashley McDonald                               Neridup Bush Fire Brigade

Andrew Waters                          Pink Lake Bush Fire Brigade

Peter Rowe                                       Six Mile Hill Bush Fire Brigade      

 

3       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

                   Theo Oorschot                         Merivale Bush Fire Brigade

               Gavin Gibson                            Munglinup Bush Fire Brigade

               Chris Hallam                             Southern Mallee Bush Fire Brigade

               CEO Matthew Scott                    Shire of Esperance

 

4       DECLARATION OF MEMBERS INTERESTS

 

4.1 Declarations of Financial Interests – Local Government Act Section 5.60a

Nil received

 

4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

Nil received

 

4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Nil received

 

5       CONFIRMATION OF MINUTES

 

That the Minutes of the previous Bush Fire Advisory Committee Meeting held 1st September 2015,           be confirmed as a true and correct record. Minutes Attached at appendix 1

 

Moved:             Ashley Stewart

 

Seconded:                Kingsley Scott

                                                                                                      CARRIED

             

6       BUSINESS ARISING FROM PREVIOUS MINUTES

 

          6.1   Tyres

The changing the type of tyres on the appliances is still an ongoing issue. Ashley Stewart and Kingsley Scott are continuing to send photos and specs through to DFES Fleet Services.

         

         

7       REPORTS

 

7.1 Chief Bush Fire Control Officer – Tom Brown

·    Thank you to everyone for their efforts this year. We have had a few big fires which have left a few big scars. Many debriefs have taken place and we will continue to work over the winter months to develop some plans and feedback for the community.

·    Euan Ferguson visited Esperance last month in regards to the Yarloop enquiry. The input by brigade members was sensational. Euan provided information in regards to preseason training sessions and new machinery such as a log skidder.

·    This is my last year as Chief and thanks to everyone for all the support over the years. I wish Ash all the best. I have conducted over 2500 scheds. I will still be around to assist where ever I can.

 

7.2 DFES Area Officer – Email from Acting Superintendent Rick Darlow

·    Thanks everyone for their hard work and continued efforts. Sorry I couldn’t be here tonight.

·    The Area Officer position still hasn’t been filled. I have applied for an exemption to fill the position for a second time however it has still be declined. Steve Petersen will be down from Kalgoorlie in May to assist where he can. After May they are back to square one and will see what they can do. There is still support from Albany when we need it. I will be over next week for a few days.

·    As we know DFES are making some changes to the training system. They are now completing ‘Pathways’. For those that do not wish to complete pathways we can still complete Intro to BFF and FCO courses separately at this stage. LG will need to record attendances.

·    There will be a workshop for future fleet on rural appliances. There will be a seminar in Perth. We will be able to send one person to attend. This person will need to know their stuff and will be representing the whole Shire.

 

Motion

That Ashley Stewart is the Esperance representative for the Future Fleet workshop and Kingsley Scott is the Esperance representative for the Pathways committee.

Moved: Will Carmody                    Seconded: Peter Luberda

                                                                                                             Carried

 

7.3 P&W Officer – Dave Turnbull

·    On behalf of P&W I’d like to thank all the volunteers for their assistance at P&W fires this year. The help is much appreciated.

·    P&W are currently working on some mitigation works on UCL with the funding that has been provided. A meeting was held in February with key stakeholders and standards were created and agreed upon. Most of the UCL/PP buffer was completed during the November fires. We will be completing more in the next couple of weeks starting in the Shire of Ravensthorpe and heading east.

·    P&W are continuing to look and apply for further funding and at this stage some applications are looking very good. The department as a whole has also written to the State requesting further funding for mitigation works.

·    We have also completed work in the Mt Burdett reserve by mulching and clearing 20 metres around the repeater site.

·    We have a few burns planned for Autumn and also Spring.

 

7.4 Emergency Services Coordinator – Lonica Collins

·    Thanks everyone for their efforts over the summer months. I have been in this role now for 11 months and the support and assistance from everyone has been greatly appreciated.

·    Last quarter ESL payment has not come in yet. It won’t be too far away. Some brigades have already received this last payment.

·    AIIMS 4 training held on 28th 29th May and 30th 31st May. It is a course that is required to be completed before completing IC level 1.

·    I am keen to spend a bit of time during the winter months completing some fire safety days and community awareness events.

 

7.5 Association of Volunteer Bush Fire Brigades – Kingsley Scott

The following points were brought up by Kingsley:

·    PPE is still an issue – We need to ensure everyone is wearing PPE.

·    Chain of command at fires – We need to ensure local knowledge is used.

·    Communication Issues are bad down here and worse north of Perth.

·    The association is looking into SOP’s and Government compliance

·    Need to be aware of mitigation and land clearing and native title rights.

·    Looking into further training – sector commander courses – fire curtain training

·    Many private appliances don’t have identification

·    The Bush Fires Act is still being worked on and changes in legislation may come out soon.

·    Many appliances are having problems but no one is sending in the information and documenting it.

 

Motion

That the Advisory committee ask the Shire to write to the minister, Association and to DFES in regards to the issues with appliances. Information for vehicle maintenance needs to be into Lonica by 15th April.

Moved: Kingsley Scott                   Seconded: Will Carmody

                                                                                                           Carried

 

 

 

 

 

 

 

 

 

 

 

8       ELECTION OF OFFICE BEARERS

8.1 Election of Senior Fire Control Officers

     

Cr Bowman declared all positions vacant

An election will be held to appoint the following positions:

 

·    Chief Bush Fire Control Officer

Nominated Ashley Stewart By Tom Brown, seconded by Gavin Egan

Ashley Stewart elected

     

·    Deputy Chief Bush Fire Control Officer

Nominated Gavin Egan by Ashley Stewart, seconded by Lyndon Mickel

Nominated Will Carmody by Blake Halford, seconded by Peter Luberda

-    Will Carmody declined nomination

Gavin Egan elected

 

8.2 Election of Senior Fire Control Officers

        

·    Senior Fire Control Officers

-    West Zone

Nominated Will Carmody by Tom Brown, seconded by Kingsley Scott

Will Carmody elected

 

-    West Coast Zone

Nominated Kingsley Scott by Ashley Stewart, seconded by Dave Mills

Kingsley Scott elected

 

-    North Zone

Nominated Rory Graham by Gavin Egan, seconded Peter Rowe

Rory Graham elected

 

-    East Zone

Nominated Lyndon Mickel by Ashley Stewart, seconded by Tom Parkin

Lyndon Mickel elected

 

-    East Coast Zone

Nominated Andrew Middleton by Tom Brown, seconded by Rory Graham

Andrew Middleton elected

 

-    Urban Rural Zone

Nominated Tom Parkin by John Durdin, seconded by Ashley Stewart

Tom Parkin elected

 

 

·    Deputy to the Senior Fire Control Officers

-    West Zone

Nominated Bruce Pengilly by Will Carmody, seconded by Tom Brown

Bruce Pengilly elected

 

-    West Coast Zone

Nominated Peter Luberda by Tom Brown, seconded by Andrew McDonald

Peter Luberda elected

 

-    North Zone

Nominated Chris Hallam by Rory Graham, seconded by Gavin Egan

Chris Hallam elected

 

8.2 Election of Senior Fire Control Officers cont.

 

-    East Zone

Nominated Peter Harkness by Ashley Stewart, seconded by Gavin Egan

Peter Harkness elected

 

-    East Coast Zone

Nominated Simon Fowler by Ashley Stewart, seconded by Andrew Middleton

Simon Fowler elected

 

-    Urban Rural Zone

Nominated Peter Rowe by Tom Parkin, seconded by Ashley Stewart

Peter Rowe elected

 

Thank you to all outgoing officers. Congratulations and thankyou to those who have accepted the roles.

 

9 GENERAL BUSINESS

 

          9.1   NOUS MIR report

The NOUS MIR report has now been out for a week. Main points from the report include:

-The comparison between each zone in the state and the number of DFES staff looking after brigades. Esperance has 17 BFB as well as VFRS. Gavin also looked after Ravensthorpe and Hopetoun.

-The report highlighted the condition on the day.

-Concerns with interagency arrangements.

A summary of the report was provide by Kingsley via the Association.

 

Motion

That the Shire writes a letter to DFES in regards to concern of not having the DFES Area Officer position filled in Esperance at that the department should consider filling the position outside of DFES staff arrangements.

Moved: Tom Brown                              Seconded: Kingsley Scott

                                                                                                                Carried

 

        9.2   SEPWA report and response

At the seniors meeting held in March, the committee went through the SEPWA report and provided relevant responses. The responses have been written up and posted on the Shires website under emergency services. Tom Brown was following up with SEPWA to see if they would like the response report however still waiting on feedback. Ashley Stewart will follow this up. 

 

          9.3   Debriefs from this fire season

Many debriefs were completed for fires over summer including, Cascade fire, Merivale fire and Telegraph Road fire. There were many outcomes and action items from these debrief that will need to be followed up over winter. This will be completed in senior meetings.

Many members were disappointed by the commissioner’s comments on the ABC radio as he avoided and did not touch on any of the major issues.

Any outcomes or local policies that are created will need to be formalised and presented to DFES.

 

         

 

 

 

 

 

 

 

 

 

9.4 Water Bomber Information

At the seniors meeting in March the committee had 2 representative from the Perth DFES air desk answer questions in relation to using local aircraft for water bombing purposes. It has been identified that there is nothing stopping local government from using local aircraft at an incident whilst the fire is under control by local government. Lonica Collins is currently gathering information from Scott Mackie and Brian Goodwin to provide to the Shire.

 

Motion

That the advisory committee write a letter to the Shire to ask that they consider the use of local aircraft for water bombing purposes at fires.

Moved: Tom Brown                                 Seconded: Kingsley Scott

                                                                                                                    Carried

         

9.5 Deluge System Update

At a seniors meeting held in January, Kim Hutcheson from DFES Fleet Services provided a presentation in regards to the new deluge system. The high season fleet will be used when appliances are returned to Perth to have the appropriate upgrades. DFES will also be completing in cab air at this time and weighing appliances. Any appliances that are overweight will have anything that does not meet standards taken off. It will be better to remove anything extra before your appliance needs to go to Perth. Existing appliances will be able to override the low warning system and make the decision to use the water that is for the use of the deluge system. In the future new appliances will not be able to override the low warning system. No dates for this process have been provided at this stage.

 

9.6 OBRM Update – Ashley Stewart

The aim of this OBRM committee is to conduct a review of fire permits. Esperance had the choice of being part of the Great Southern or the Goldfields. Ashley and Tom chose to be part of the Golfields as they feel Esperance will have more opportunity to make changes and Ash has become chair of this zone. Mack Johnson is also part of this committee. Ashley attended a webinar meeting on 30th March and will go to Perth on the 30th May for a second meeting. He is looking for a few more volunteers to assist with the review process prior to going to Perth.

 

Motion

That Will Carmody, Kingsley Scott and John Durdin assist Ashley with the OBRM permit review process.

Moved: Tom Brown                                     Seconded: Peter Rowe

                                                                                                             Carried

 

9.7 Communications Plan

- Esperance Communications now have the procedure to de link the radio network should we need to in the future. We can even just separate one repeater from the rest.

- We need to look at having a plan in place so when the power goes out we know exactly what needs to be done for back up. This will be down through senior meetings over winter.

- DFES communications branch currently complete annual checks of the repeaters however we have never known in the past when this is occurring. They now contact Esperance Communications before coming down. We will also record these visits.

- The ICV has had a couple of updates since November to try and boost the signal that it provides. Lonica Collins is currently writing up a guide to use the ICV which will be tested over winter.

- Esperance Communication have the contract to service the yellow/green radios each year however sometimes it is becoming an interruption during harvest. Lonica Collins will talk to Esperance Communications about starting the checks earlier or alternating when they visit each brigade.

 

 

 

 

 

9.8 Push for more Light Tankers

It has been highly noticeable of the lack of Light Tankers in the Shire especially over summer. Many brigades would like to see more light tankers in the Shire to use as FCO/captains vehicles. The Shire applied for a light tanker this year through the LGGS grant applications. This grant is through DFES and closes in March each year. It has been recognised that a further six appliances would benefit the BFB’s. We occasionally get light tankers as seasonal appliances however seasonal appliances go up north first and if not returned then we do not receive them in time for summer.

 

Motion

That the Shire write a letter to DFES to support the current application through LGGS and promote the importance and need for further light tanker appliances in the future.

Moved: Peter Harkness                            Seconded: Tom Parkins

                                                                                                                    Carried

 

9.9 Lions Funding

The Lions Club have $32K to share between brigades in the Shire. They are happy to either split the funding between the brigades or it can all go together towards a larger item. They would like the brigades to identify the most appropriate use of the funding and present it at their next meeting on 3rd May. Some ideas included:

-    Flame Thrower

-    Back-up generators for repeaters

-    Handheld radios

-    Magnetic identification for private vehicles

Further information and costs will be provided to the Lions club. Please advise Lonica Collins of any other ideas.

 

9.10        Fast Fill Trailers

CBH have also provided funding and have advised they will provide the Shires BFB’s with four new fast fill trailers. Thank you to Chook Henderson who has kindly offered to build them. The committee has decided that the four new fast fill trailers will be provided to:

- Salmon Gums BFB

- Coomalbidgup BFB

- Howick BFB

- Munglinup BFB – If they have one with Shire of Ravensthorpe then this will go to Gibson BFB.

 

9.11        Standards of Private Appliances

- When Euan Ferguson was down he spoke about having preseason get together where every farmer brings along their private response appliances. This is a good way to see what everyone else has a provide feedback to improve private appliances.

- Many private appliances also need some work done to make them a lot safer. Eg flashing lights, reflective tape, fire blankets, face masks and proper brake systems.

- It would be good if the committee can come up with some standards to provide before a government agency creates the standards for us.

 

Action Item

Brigade to meet and talk about what standards they want to see in place on private appliances and bring all ideas to the Bush Fire Advisory Committee Meeting in September for final decisions to be made.

 

 

 

 

 

 

 

9.12        Any Other General Business

·    Will Carmody pointed out the importance of fire training for seasonal workers so they know what they feel comfortable doing and know when they should leave and go to town.

·    Peter Harkness advised that Beaumont will be having a ball at the Beaumont Hall on 15th October 2016 and all are welcome to come along.

·    Peter Harkness asked what the committee’s position is when asked if we should become a Country Fire Service (CFS). Dave Turnbull advised that we would also need to sort out who is in control of UCL as P&W manage mitigation while Local Government manages fires. Rory Graham advised that is would be good to have a few models presented before making a decision. It was decided to wait until Euan Ferguson report is out before making a decision.

 

9.13        Thank you to Tom Brown

Cr Victoria Brown and Mel Ammon, on behalf of the Advisory Committee, acknowledged and thanked Tom Brown for all of his efforts over the years as Chief Bush Fire Control Officer.

He was recognised for all his hard work and continued efforts over the 20+ years including morning radio scheds every Monday and waking up to 000 calls at all hours of the night. The Advisory committee wish Tom a well-earned break and also thanked Cr Victoria Brown for her time assisting Tom and also chairing the Advisory meetings for the past few years.

We welcome and wish our new Chief, Ash Stewart, all the best for the future.

Tom advised that he would still be around to help the community during a bush fire emergency and is looking forward to getting on a truck himself.

 

 

10  MEETING CLOSURE

         

The next meeting of the Bush Fire Advisory Committee is scheduled for Tuesday 6th September 2016, commencing at 7pm in the Council Chamber.

 

 

These Minutes were confirmed at a meeting held on _________________

 

 

Signed _______________________________

 

Presiding Member at the meeting at which the Minutes were confirmed.

 

 

Dated________________________________

 

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 232

 

Item: 13.14  

Off Road Vehicle Working Group Terms of Reference

Author/s

Rod Hilton

Executive Manager Community Division

Authorisor/s

Terry  Sargent

Director External Services

 

File Ref: D16/9037

 

Applicant

Off Road Vehicle Working Group

 

Location/Address

Internal

 

Executive Summary

This report recommends an amendment to the Off Road Vehicle Working Party Terms of Reference so as to permit increased representation from the motorcycle community.

 

Recommendation in Brief

That Council approves the amendments to the Terms of Reference for the Off Road Vehicle Working Group and removes Tim Hawkey as a deputy member and reappoints him as a member of the Off Road Vehicle Working Group.

 

Background

The Terms of Reference for the Off Road Vehicle Working Party were reviewed on the 10th November 2015 (Res. S1115-027). On the 23rd February 2016 Council appointed community members to the working party. Tim Hawkey was appointed as a deputy member.

 

Tim Hawkey has sought clarification of his appointment as he is of the opinion that the motorcycle community is under represented on the Working Party. Tim Hawkey is the proprietor of Power Plant Motorcycles.

 

Officer’s Comment

Tim Hawkey was formerly a voting member of the Off Road Vehicle Working Party under the pre October 2015 council. His experience and association with motorcycle riders and motor cycle events suggests his knowledge and network of contacts would be a significant contribution to the Working Party in achieving its objectives..

 

Statutory Implications

The statutory implications associated with this item are contained within the Local Government Act 1995 Section 5.8 establishment of Committees.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

A clear direction for the future

 

 

 

 

Attachments

a.

Terms of Reference - Off Road Vehicle Working Group

 

 

 

Committee  Recommendation

That Council

1.   Approves the amendments to the Terms of Reference for the Off Road Vehicle Working Group.

2.   Removes Tim Hawkey as a deputy member and reappoints him as a member of the Off Road Vehicle Working Group.

3.                     

4.                     

Voting Requirement              Absolute Majority

 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 234

 


 


Ordinary Council: Agenda

26 April 2016                                                                                                                             Page 236

 

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

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following item, in accordance with section 5.23(2) of the Local Government Act 1995.

 

Item: 17.1  

Outstanding Rates - Legal Action on Assessment 21832

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)); and a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

 

 

18.     PUBLIC QUESTION TIME

 

 

 

19.     CLOSURE