Ordinary Council: Agenda

20 December 2016 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

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Ordinary Council: Agenda

20 December 2016 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 20 December 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 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 November 2016, and the Special Council Meeting of the 6 December 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

Item: 12.1.1

Proposed Acquisition of Lots 105 & 106 Synnot Street

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/26595

Applicant

Mr David Brierly

Location/Address

Lot 105 & 106 on Plan 3117

Executive Summary

Council has been approached by the current owner of Lots 105 & 106 Synnot Street, requesting the Shire purchase these lots. The subject block is part of Development Area 3 and acquisition of this land meets a long standing Council position.

Recommendation in Brief

That Council approves the purchase of Lots 105 & 106 Synnot Street.

Background

Mr David Brierly approached the Shire in October with a view to selling Lots 105 & 106 Synnot Street, following a discussion with rates staff after receiving this year’s rates notice. Several lots in close proximity to those owned by Mr Brierly are already in the possession of the Shire.

The lots in question are part of the land known as Development Area 3. Council have for many years been trying to resolve the development complexities associated with this area, with one of the long-standing strategies being to acquire any lots that become available at an appropriate cost, in an effort to reduce the number of owners. Currently there are still around 30 separate owners, even though the majority of lots are now owned either by the Shire and the State Government.

In total the State Government owns 127 lots (including unallocated crown land and reserves), the Shire owns 86 lots and 44 lots remain in private ownership.

The most recent sale occurred in 2015/16 for the sum of $3,000 plus a waiver of rates for the 15/16 year.

In recent times discussions have also been occurring with Landcorp regarding opportunities to develop this land as the Crown also owns a large number of lots within this area. Landcorp has indicated the number of individual owners is still too great to make any feasibly undertake development.

At this point in time no development is achievable on these lots without the preparation and approval of a structure plan. In order for a structure plan to be successfully pursued all affected landholders would be required to both approve the outcomes of structure plan and fund the preparatory planning costs as well as the future development costs.

Additionally, a large volume of the land within Development Area No. 3 is unallocated crown land under the Land Administration Act 1997. The Esperance Nyungar Native Title Claim (WAD6097/1998) applies non-exclusive native title rights on all of the unallocated crown land within Development Area No. 3. As there is not yet an Indigenous Land-use Agreement in place in the Shire of Esperance, it is not possible to estimate how long it will take to address the native title issues.

Officer’s Comment

Purchase of these lots continues a process the Shire has been undertaking for some time. Discussions with Mr Brierly have confirmed that he is happy to contemplate the same consideration as that paid for lots within the same area last year ($3,000 plus a refund of the portion of this year’s rates). Given that Mr Brierly has already paid this year’s rates on both blocks it is proposed that the purchase prices be increased to include the full value received less the Emergency Services Levy ($666 - $71 per block). This will result in a total of $7,190 being paid for the two blocks of land.

The Shire is unlikely to be able to utilise this land without continuing to acquire a substantial number of additional lots within this area to reduce the number of landholders that Landcorp or other lead developer will deal with. Without continuing the acquisition process this area is unlikely to be developed at all at any time in the future.

The second part of the Officer’s Recommendation stems from an effort to create a proactive approach with the remaining landowners to attempt to achieve a resolution to the roadblock that currently exists with regards to the potential future development of these lots.

Consultation

The majority of the properties we acquire under this process are the result of complaints received by our Rates Department.

Discussions have occurred with the Director of External Services and the Manager Planning and Land Projects around the opportunity to attempt to create dialogue with the remaining property owners following several lots being acquired in recent years by the Shire.

Financial Implications

No allocation was made within the 2016/17 budget for purchases within development Area 3, therefore a budget amendment is also required to enable this transaction to proceed. An additional amount above the straight purchase price has been allowed to take into account any additional settlement costs etc.

Description		Budget Figure	Amended Figure	Variation
Other Properties & Services – Capital – Purchase of General Asset	01-7490-705-660	Nil	$10,000	$10,000
Land Development Reserve	01-7490-955-902	Nil	($10,000)	($10,000)
Net result				Nil

Asset Management Implications

While this item will result in the acquisition of additional land assets, there are no expected asset management implications as the land in question is currently undeveloped vacant land which is adjacent to land already controlled by the Shire.

Statutory Implications

Acquisition of land is covered in section 5.39 of the Local Government Act 1995.

Section 6.8 of the Local Government Act 1995 covers expenditure of unbudgeted items from within the municipal account.

Policy Implications

The policy implications arising from this report are contained within the recently adopted Public Land Asset Strategy Policy.

Strategic Implications

Strategic Community Plan 2012-2022

Economy

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 3.5.1.1 - Finalise and implement Public Lands Strategy

Attachments

Nil

Officer’s Recommendation

That Council,

1. Approves the purchase of Lots 105 & 106 Synnot Street at a price of $3,595 each.

2. Authorises the Shire President and Chief Executive Officer to execute all necessary documents to enable this transaction to be finalised.

3. Amends the 2016/17 as follows:

Description		Budget Figure	Amended Figure	Variation
Other Properties & Services – Capital – Purchase of General Asset	01-7490-705-660	Nil	$10,000	$10,000
Land Development Reserve	01-7490-955-902	Nil	($10,000)	($10,000)
Net result				Nil

4. Requests the Chief Executive Officer to write to all remaining private owners of land within Development Area 3

a. reiterating the Council’s preparedness to purchase lots within this area for $3,000 plus a waiver of the current years rates and waste levy; and

b. offering the opportunity to discuss the necessary steps to develop this land in the event that the landowner would prefer to participate in a development proposal.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 14

Item: 12.1.2

Proposed Road Closure - Portion of Lake Road and Dedication as Road of Portions of Reserve 15231

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/27872

Applicant

Internal (Strategic Planning and Land Projects)

Location/Address

Lake Road and Portions of Reserve 15231

Executive Summary

For Council to consider closing a portion of Lake Road, Myrup and dedicating portions of Reserve 15231 as road reserve.

Recommendation in Brief

That Council:

1. Resolve to commence the road closure process for a portion of Lake Road, Myrup, in accordance with Section 58 of the Land Administration Act 1997.

2. Request the Minister of Lands to dedicate portions of Reserve 15231 as road reserve under Section 56 of the Land Administration Act 1997.

3. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request for the road dedication.

Background

Tom Parkins the owner of Lot 131 Quarry Road, Myrup initially approach the Shire regarding the possibility of closing a portion of Lakes Road, Myrup to address issues relating to antisocial behavior at the rear of his Lot. In reviewing this proposal it was noted that the remainder of Lake Road extends at several points into Reserve 15231.

Consistent with current practice, on identification of these anomalies, methods to resolve the issue were assessed and determined.

The Department of Parks and Wildlife was approached regarding the potential closure of a portion of Lake Road, Myrup and its inclusion within Reserve 15231 and the proposed to dedication of portions of Reserve 15231 as road reserve (See Attachment A).

Officer’s Comment

The Department of Parks and Wildlife has confirmed that it has no objection to the proposed dedications following the existing alignment of Lake Road, Myrup or the incorporation of the closed portion of Lake Road, Myrup into the adjoining Reserve 15231. The whole of the road will now be located within the road reserve.

Consultation

Department of Parks and Wildlife

Asset Management

Financial Implications

As part of the road dedication process, the Shire of Esperance will need to indemnify the Minister against any claim for compensation equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

The Shire will also cease to be responsible for the maintenance of that section of Lake Road, Myrup that is proposed to be closed including the section that is used to access parking for Woody Lake.

In dedicating portions of R15231 as road the Shire will need to nominate a surveyor and agree to survey costs.

Asset Management Implications

If the road closure proceeds the Shire would no longer have any responsibility for the closed portion of Lake Road, Myrup.

The proposed road dedication will have no asset management implications as the dedications follow the existing road alignment and no new construction is proposed.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Ensure essential services and infrastructure are aligned to community needs now and in the future

Services and infrastructure which meets the needs of the broadest community and responds to changing priorities

Environmental Considerations

The closed portion of Lake Road, Myrup will be incorporated into the Department of Parks and Wildlife’s estate.

Attachments

a ⇩.

Proposed Road Closure and Road Dedications

Officer’s Recommendation

That Council:

1. Resolve to commence the road closure process for a portion of Lake Road, Myrup, in accordance with Section 58 of the Land Administration Act 1997.

2. Request the Minister of Lands to dedicate portions of Reserve 15231 as road reserve under Section 56 of the Land Administration Act 1997.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 20

Item: 12.1.3

Development Application - Telecommunications Infrastructure (Optus) - Lot 1 (75) Valley Road, Pink Lake

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D16/28839

Applicant

Daly International on behalf of Optus Mobile Pty Ltd.

Location/Address

Lot 1 (75) Valley Road, Pink Lake

Executive Summary

For Council to consider an application for Telecommunications Infrastructure located at Lot 1 (75) Valley Road, Pink Lake.

Recommendation in Brief

That Council approve development application 10.2016.3346.1 for Telecommunications Infrastructure at Lot 1 (75) Valley Road, Pink Lake subject to conditions.

Background

Daly International has been appointed by Optus for the development and operation of Telecommunications Infrastructure at Lot 1 (75) Valley Road, Pink Lake. The site of the proposed tower is approximately 430 metres from residential properties in Nulsen. The proposed development includes a 41.3 metre high tower, outdoor cabinets and fencing.

The subject site is a Rural Residential zoned lot, with an area of 3.33ha that is accessed from Rowse Street. The site is heavily vegetated and features an existing Lodging House which will remain on site.

Under Local Planning Scheme No. 23 (LPS 23), Telecommunications Infrastructure is an ‘A’ use and requires advertising to affected landowners and parties. Public comments were sought in relation to the proposed tower and associated infrastructure with an advertisement in the Esperance Express and referrals to adjoining land owners within 400 metres being undertaken. Five objections and a petition were received during the advertising period (Attachments B through G).

The site was previously subject to Planning Approval 10.2013.2227.1 issued by Council at the Ordinary Council Meeting held on 28 May 2013 for a 35 metre high tower for Telecommunications Infrastructure for the National Broadband Network. This approval expired in June 2015.

According to the report provided by Daly International the facility is to be operated in compliance with the mandatory standard for human exposure to Electromagnetic Emissions (EME) currently the Radio communications standard 2003. The EME report submitted within the application shows that the maximum predicted EME will equate to 0.39% of the maximum exposure limit. This is substantially less than 1% of the maximum allowable exposure limit. A copy of this report is available upon request.

Daly International have advised that the location of the tower was identified using the objectives within State Planning Policy 5.2 Telecommunications Infrastructure.

Officer’s Comment

The proposal is assessed against the relevant criteria of Clause 10.2 of the Scheme in the table below.

LPS 23 Clause 10.2 Criteria	Officers Response
Compatibility of use / development	The proposed development is proposed within a Rural Residential zone; as such it is an ‘A’ use in the zone and may be approved subject to notification to affected parties and landowners. The area is not heavily developed, with four dwellings within 300 metres. Due to this low density the proposed use of the site is seen as being compatible with the surrounding area.
Effect on the natural environment	The site is a Rural Residential zoned lot that has been partially cleared (approximately 40%). As the proposed development represents additional clearing of 1017m² (a quarter acre) on a 33,308m² block, the environmental impact is minimal.
Preservation of amenity of locality.	The proposed development is located approximately 500 metres from Pink Lake Road, 450 metres from the nearest residential lots in Nulsen and 600 metres from the nearest Rural Residential site on Longbottom Lane. Four dwellings are within 200 - 300 metres. This isolation means that the proposal should have minimise effects on other landowners in the vicinity, however there will still be some impact due to the height of the structure.
Effect of location, height, bulk, scale, orientation and appearance of proposal	The surrounding land is zoned Rural Residential and ranges from heavily vegetated and undeveloped, to cleared land and single dwellings. The impact of the height and scale of the development will be minimised due to the isolation of the proposed site and the distance from established residential areas.
Adequate access, egress, loading, unloading, manoeuvring and parking of vehicles	A new access track will be created along the existing Road Reserve for the unconstructed Clay Road from Valley Road which will provide suitable access for vehicles. Asset Management Division have requested that the development should facilitate access by two wheel drive vehicles. This has been added as a condition in the Officers Recommendation.
Traffic generated by proposal and effect on traffic flow and safety	Any traffic impacts associated with construction will be of a short-term duration and are not anticipated to adversely impact on the surrounding road network. In the unlikely event that road closure will be required Optus will apply to the relevant authorities for permission. Once constructed, the proposal will generate very low levels of traffic due to the infrequent maintenance required by such structures.
Public utilities	The facility will be connected to the Horizon Power network along Valley Road. There are no other service requirements for the facility and there is no waste (water, rubbish etc) generated by the facility.
Impact on community services	The facility would have no impact on existing community services. The granting of planning approval for the proposal would create a significant community benefit through the provision of improved mobile coverage for the Optus Network as well as co-location opportunities for other carriers and the National Broadband Network.

The facility has been strategically sited and designed to minimise visual impact on the surrounding environment as much as practicable. In this regard the proposal satisfies the requirements of State Planning Policy 5.2 Telecommunications Infrastructure, whilst also addressing deficiencies in phone coverage in the local area.

It is considered that the proposal will provide an important community benefit to Nulsen and Pink Lake by providing coordinated and open access shared communication infrastructure, and therefore greatly improved mobile phone coverage within the local area.

Consultation

Five objections to the proposal and one petition were received during the referral period that raised concerns regarding the development. The main issues raised and planning responses to those issues are summarised in the table below. Please note the full objections are included as Attachments B through G.

Objector & Summary of Issues

Response

Lot 19 Valley Road, Pink Lake

· Visual Amenity

· Reduction in Property Values

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site and distance from existing residential areas.

· Potential impact on property values is not a valid planning consideration.

Lot 2 Valley Road, Pink Lake

· Health concerns regarding Electromagnetic Radiation

· Incompatibility with the Rural Residential zone

· Visual Amenity

· Environmental Impacts

· Reduction in Property Values.

· Daly International has provided an Environmental Electronic Magnetic Radiation Report that indicates that the proposal will only generate at most 0.39% of ARPANSA (Australian Radiation Protection and Nuclear Safety Agency) exposure limits where 100% is the maximum public exposure limit.

· Telecommunications Infrastructure is an ‘A’ use under Local Planning Scheme No. 23, ‘A’ meaning that the use is not permitted unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with Clause 64 of the Deemed Provisions. As such while the proposal may not meet the objectives of the Rural Residential zone, it is not incompatible with the zone.

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site and distance from existing residential areas.

· While some areas of vegetation will require removal to facilitate construction and access to the site, the actual area of clearing will be relatively low due to the small building footprint required by such facilities.

· Potential impact on property values is not a valid planning consideration.

8 Ponton Street, Nulsen

· Incompatibility with the Rural Residential zone

· Visual Amenity

· Exposure to Electromagnetic Radiation

· Legal Liability

· Reduction in Property Values.

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site and distance from existing residential areas.

· Documents provided by Daly International indicate that the facility will generate at most 0.39% of ARPANSA (Australian Radiation Protection and Nuclear Safety Agency) exposure limits where 100% is the maximum public exposure limit.

· The Shire of Esperance bases its decision on the information provided by the applicant and from documents provided by ARPANSA. Should these documents prove to be incorrect or false, legal liability will fall to Daly International, ARPANSA or Optus.

· Potential impact on property values is not a valid planning consideration

Lot 4 Valley Road, Pink Lake

· Visual Amenity

· Exposure to Electromagnetic Radiation

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site and distance from existing residential areas.

· Documents provided by Daly International indicate that the facility will generate at most 0.39% of ARPANSA (Australian Radiation Protection And Nuclear Safety Agency) exposure limits where 100% is the maximum public exposure limit.

Landowners of Lots 229, 270, 675 Longbottom Lane, Pink Lake

· Visual Amenity

· Noise

· Reduction in Property Values.

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site and distance from existing residential areas.

· Daly International has informed Planning Services that the only noise produced by the facility during operation is low level noise from the air conditioning equipment in the equipment shelter. Noise emanating from this unit is at a level comparable to a domestic air conditioning installation and will comply with the background levels prescribed by Australian Standard AS1055.

· Potential impact on property values is not a valid planning consideration

Submission received as a Form Letter from the following individuals:

R & N Ratcliffe, M Hayden, J Taskinen, Y & D Cliff, D Ramm, M C & W Davies, J & M Matchitt and G Denton

· Visual Amenity

· Exposure to Electromagnetic Radiation

· Reduction in Property Values.

· While the proposal will have an impact on visual amenity in the locality this impact will be minimised through the isolation of the proposed site and distance from existing residential areas.

· Potential impact on property values is not a valid planning consideration

It should also be noted that a similar application for a 40m high NBN Tower was refused by the City of Albany. On appeal with the State Administrative Tribunal the following comments were made:

In relation to impact on visual amenity, the Tribunal determined that the mere fact that part of the proposed development would be visible from various locations did not, of itself, mean that the proposed development would have a negative impact on the visual amenity of the locality. In accordance with State Planning Policy 5.2, factors such as the prominence of the development within the landscape, the extent to which visual aspects of value to the community as a whole might be compromised and the degree to which the development is sympathetic to the surrounding landscape are relevant to this assessment. On the evidence before it, the Tribunal was satisfied that the proposed development would not have an adverse impact on the visual amenity of the locality. There was no dispute that there was a need for effective internet services within the locality and it was determined that the proposed development should be approved.

Financial Implications

Nil

Asset Management Implications

Daly International has indicated that part of the development will involve creating an access trail up the unconstructed portion of Clay Road from the existing constructed portion of Valley Road. Asset Management Division has indicated that they are prepared to accept this arrangement on the condition that the applicant is responsible for all on-going maintenance of the access track and that any damage occurring to adjoining properties as a result of the access track is to be repaired at the cost of the applicant.

Statutory Implications

The statutory implications associated with this item are:

· Planning and Development Act 2005

· Local Planning Scheme No.23

· Telecommunications Act 1997

It should be noted that pursuant to s.211(1) of the Planning and Development Act 2005, a person aggrieved by the failure of a local government to enforce or implement effectively the observance of a local planning scheme may make representation to the Minister. If the Minister considers it appropriate to do so, representation may be referred to the State Administrative Tribunal for its report and recommendation. Following subsequent actions and recommendation by the SAT the Minister may order the local government to do all things considered necessary for enforcing the observance of the Scheme or any provisions of the Scheme.

In this instance it is considered that the Scheme has been enforced effectively.

Policy Implications

The policy implications arising from this report are

· State Planning Policy 5.2-Telecommunications Infrastructure

· Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

· A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

a ⇩.	Plans and Documentation
b ⇩.	Objection 1
c ⇩.	Objection 2
d ⇩.	Objection 3
e ⇩.	Objection 4
f ⇩.	Objection 5
g ⇩.	Submissions made as Form Letter

Officer’s Recommendation

That Council approve Development Application 10.2016.3346.1 for Telecommunications Infrastructure on Lot 1 (75) Valley Road, Pink Lake subject to the following conditions:

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

2. The development of the telecommunications infrastructure and associated ancillary works and the ongoing use must not cause erosion or degradation of the subject or surrounding land to the satisfaction of the Shire.

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

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

5. The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

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

7. Whilst undertaking site preparation works, all areas of exposed sand must be sufficiently treated against possible sand drift through the use of sprinklers or other suitable means. All sand must be contained on-site to the satisfaction of Council.

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

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

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

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

12. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

13. All fencing must comply with the Shire of Esperance Local law pertaining to Fencing.

14. Construction and maintenance of the access track along the unconstructed portion of Clay Road is to be at the cost of the applicant.

15. Should the proposed works or access track cause damage or nuisance to the adjoining properties, rectification and/or repair works shall be undertaken at the cost of the applicant.

AND the following advice notes:

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

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

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

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

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

6. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

7. Advice should be sought from a Licensed Electrical Contractor as the electricity supply to the premises needs to comply with the Electricity Act 1945, Electricity Regulations 1947.

8. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and ne of not further effect.

9. Where the approval has so lapsed, no development shall be carried out without the further approval of the local governments having first been sought and obtained.

10. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 90

Item: 12.1.4

Approval to Tender Lots in Flinders Stage 2

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/28847

Applicant

Internal Report

Location/Address

See Attachment A – Map of Stage 2 Lots (lots marked are those currently available, this is subject to change dependent on any offers received between now and the tender issuing).

Executive Summary

Approval to proceed to tender and allow properties in Flinders that don’t sell through this tender to continue to be sold via Chief Executive Officer (CEO) delegation for a further six month period.

Recommendation in Brief

That Council

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 (and any lots under offer at the time the tender is advertised), for sale by tender.

2. Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a fair indication of the value of the unsold lots in Flinders Stage 2.

3. Re-list all lots that don’t receive an offer through the tender process at their currently listed price.

4. Delegate authority to the CEO to negotiate and accept offers on all listed properties at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

Background

The current delegated authority to the CEO to accept offers on lots within the Flinders development is due to expire.

Delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In order to enable Council to provide a delegation to the CEO for a further six months it is proposed another tender be called as soon as possible.

So far this financial year no lots have sold, with only three lots settling last financial year. This leaves 11 lots currently listed for sale.

The valuation received in May 2014 (see attachment B) is still seen as current following discussions with real estate agents and the valuer regarding current market conditions and based on the limited activity that has occurred since the last tender was undertaken.

Officer’s Comment

Submissions are rarely received for tenders that have issued for lots in Flinders Stage 2. This recommendation removes the need for Council to reconsider these lots prior to them being re-listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market.

It has been recommended that Council continue to rely upon the licensed valuation obtained in May 2014 [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time. If Council believes a new valuation is appropriate an amendment to the existing recommendation will enable this.

The only enquiries that have been received in recent times have been in relation to lots within the 236-252 area that are currently not available for sale. While the Stage 3 sub-division that will enable these lots to be brought onto the market has been approved, no action has been taken on delivering it due to the limited sales that have occurred in Stage 2 in recent times.

Consultation

Landmark Harcourts

Heron Todd White (valuer)

Financial Implications

Income from the sale of land at Flinders will, in the first instance, be used to repay borrowings from the WA Treasury Corporation.

Asset Management Implications

This report deals with the potential disposal of Council assets.

Statutory Implications

The statutory implications associated with disposing of property are contained within:

Local Government Act 1995

Section 3.58 Disposing of Property

Local Government (Function and General) Regulations 1996

Regulation 30 Dispositions of property excluded from Act s. 3.58

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Environmental Considerations

N/A

Attachments

a ⇩.	Map of Stage 2 Lots
b .	Licensed Valuation - Confidential

Officer’s Recommendation

That Council

1. Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 and any lots under offer at the time the tender is advertised, for sale by tender.

2. Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a fair indication of the value of the unsold lots in Flinders Stage 2.

3. List all lots that don’t receive an offer through the tender process, at the following prices:

LOT	SIZE (SQM)	VALUE
214	762	$190,000
226	766	$185,000
227	766	$185,000
228	766	$185,000
266	768	$190,000
267	768	$190,000
271	801	$190,000
275	801	$185,000
276	760	$190,000
277	760	$190,000
281	760	$190,000

4. Delegate authority to the CEO to negotiate and accept offers on all listed properties

at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 94

Item: 12.1.5

Development Application - Downtown Expresso Bar - S/L 3 (94C) Dempster Street, Esperance

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D16/28913

Applicant

Nicola Sime at Atlas Interior Design on behalf of Shanan Worrall

Location/Address

S/L 3 (94C) Dempster Street, Esperance

Executive Summary

For Council to consider Development Application 10.2016.3364.1 for a Restaurant/Café at Strata Lot 3 (94C) Dempster Street, Esperance.

Recommendation in Brief

For Council to approve Development Application 10.2016.3364.1 for a Restaurant/Café at Strata Lot 3 (94C) Dempster Street, Esperance.

Background

An application for a Restaurant/Café was received by Planning Services on 28 November 2016.

As part of the assessment it was noted that the proposal would require 3 car parking bays under Local Planning Scheme No. 23 and the Commercial Strategy. Due to the existing building occupying the entire site, there is no space to provide the required bays. As such the application is referred to Council due to the proposed variation to the car parking requirement.

This application has not be advertised to neighbouring landowners, as the proposed variation is unlikely to affect any owners or occupiers in the general locality or adjoining the site due to the previous uses of the building lacking any form of on-site car parking. This is in accordance with Clause 5.5.2 of Local Planning Scheme No. 23.

Officer’s Comment

Under Schedule 9 of Local Planning Scheme No. 23, a restaurant requires 1 car parking bay per 4 square metres of dining and waiting area. In this instance the applicant proposes approximately 17.6 metres of dining and waiting area (4.4 car parking bays) which is further reduced due to a 50% relaxation allowed for under the Commercial Strategy (2.2 car parking bays) before being rounded up to the nearest whole number (3 car parking bays).

The justification for this reduction is that the existing building occupies the entire property, and thus that there is not any space on the site available for the provision of car parking. It is also noted that the previous uses of the existing building have no previously been subject to any form of car parking requirement.

As such Planning Services has no objection to the proposal.

Options

Option 1

Approve Development Application 10.2016.3364.1 for a Restaurant/Café at S/L 3 (94C) Dempster Street, Esperance, subject to conditions

This is the officer’s recommendation for the reasons outlined in this report.

Option 2

Approve Development Application 10.2016.3364.1 for a Restaurant/Café at S/L 3 (94C) Dempster Street, Esperance, subject to conditions including a condition for a cash-in-lieu as Condition 13 stating:

Prior to the commencement of the development, a cash in lieu contribution for the shortfall of 3 parking bays on site is to be paid to the Shire of Esperance. The value of the contribution must be determined by the Valuer General or a licensed valuer appointed by the Shire of Esperance. All costs associated with the valuation and execution shall be borne by the applicant/landowner and payable to the Shire of Esperance on demand.

This option is not recommended as no parking has ever, or can, be developed on the site. Furthermore there have been a number of instances where parking requirements have been relaxed without the impost of a cash-in-lieu contribution. It should also be noted that Local Planning Scheme No. 23 states that ‘the local government may accept a cash-in-lieu contribution’ there is a discretion to approve the development without the cash-in-lieu condition.

Consultation

The Planning and Development (Local Planning Schemes) Regulations 2015 Clause 64.(1) (c) states that an application that does not comply with a requirement of this Scheme must be advertised. Clause 64;(2) allows the local government to waive the requirement to advertise under Clause 64.(1)(c) where the departure from the Scheme is considered to be of a minor nature. In this instance as this is an existing building and the fact that no parking can be (or has ever been) provided on site the variation has been determined to be of a minor nature for the purposes of Clause 64.(2).

The application was referred to Building and Environmental Health Services for comment.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 23

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Clause 67(v) of the Planning and Development (Local Planning Schemes) Regulations 2015 states the following can be considered in determining an application:

The potential loss of any community services or benefit resulting from the development other than potential loss that may result from economic competition between new and existing buildings.

The pertinent point from this clause is ‘other than potential loss that may result from economic competition’ which means that economic consideration as outlined is not a valid planning consideration.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council approve Development Application 10.2016.3364.1 for a Restaurant/Café at S/L 3 (94C) Dempster Street, Esperance, subject to the following conditions:

2. The land and buildings the subject of this approval shall be used for the purposes of Restaurant in accordance with the following definition only and for no other purpose unless otherwise approved in writing by the Shire of Esperance (Planning Services)

a. Restaurant: Means premises where the predominant use is the sale and consumption of food and drinks on the premises and where seating is provided for patrons, and includes a restaurant licensed under the Liquor Licensing Act 1988.

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

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

5. The approved development must be connected to a reticulated water supply provided by a licensed water provider.

6. Before the approved development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

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

8. A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services).

9. All delivery/collection points and rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of residents and properties in the vicinity to the satisfaction of the Shire of Esperance (Environmental Health Services).

10. Rubbish enclosure areas adequate to service the development are to be constructed and provided in accordance with the Shire of Esperance Health Local Laws 2009 prior to the occupation or use of the development to the satisfaction of the Shire of Esperance (Environmental Health Services).

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

12. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

And the following advice notes:

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

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

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

4. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

5. The approved development is required to comply with the following legislation (as amended from time to time):

a. Health Act 1911

b. Sewerage (Lighting, Ventilation & Construction) Regulations 1971

c. Food Act 2008 and Food Regulations 2009

d. Shire Esperance Health Local Laws 2009.

e. Health (Smoking in Enclosed Public Places) Regulations 1999

6. Please ensure that the fit out application indicates the means of natural or mechanical ventilation in toilets and Espresso bar.

7. The development is defined as a “Food Business” under the Food Act 2008. The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

8. In accordance with the provisions of the Food Act 2008 and Food Regulations 2009 an application to register the food business hereby permitted must be submitted and approved by the Shire of Esperance (Health Services) prior to the commencement of operations.

9. Prior to commencement of development, an Application to Fit out of the food premises shall be submitted to and approved by Shire of Esperance (Environmental Health Services). Application information required is to be in line with Shire of Esperance Food Premise Design, Construction & Fit-Out Guide.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 105

Item: 12.1.6

Request for Budget Amendment - Esperance Civic Centre

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/29086

Applicant

Internal Report

Location/Address

N/A

Executive Summary

The Shire has been successful in receiving funding of $138,292 (ex GST) under the Regional Venues Improvement Fund administered by the Department of Culture and the Arts on behalf of the Western Australian Government. A budget amendment is required to enable acceptance of these grant funds and provide an additional municipal contribution of $15,000 required under the terms of the grant.

Recommendation in Brief

That Council amend the 2016/17 Municipal Budget to accept grant funds of $138,292 and provide an additional $15,000 from municipal funds for the purpose of replacing and upgrading audio visual and lighting equipment at the Esperance Civic Centre.

Background

The Department of Culture and the Arts has made funding available to improve the quality and sustainability of performing arts and entertainment venues in regional areas across Western Australia. An application was submitted for the replacement and upgrade of audio and lighting equipment that was no longer fit for purpose.

The Civic Centre has been operating largely on the same equipment since it was opened in 1981, with very little in the way of replacements or upgrades occurring in that time. A significant portion of the equipment was second-hand when originally purchased, with some of the lights dating back to the 1950’s. Recently there have been delays to, and malfunctions during two performances caused by equipment failure. The equipment issues have now got to the point that the Civic Centre Supervisor is only able to service some shows through the use of his own personal equipment.

The total of $168,292.72 is approved for expenditure as follows. Multiple quotes have already been sourced as part of the grant application process. All of this expenditure is for the replacement of existing failed or failing equipment with the exception of items such as the wireless router which is required to support “industry standard” equipment.

Officer’s Comment

A total of $138,292 has been approved by the Department of Culture and the Arts for this replacement and upgrade program provided a total of $30,000 is contributed by the Shire of Esperance. Currently $30,000 is budgeted for the Purchase of General Assets, with $15,000 of this budgeted to have come from grant income. An amendment is now required to increase the Purchase of New Assets line item to $168,292, with $138,292 to come from grant income. In effect we will be able to increase the expenditure on the Civic Centre by $138,292 in excess of the original budget provided that $15,000 of this is funded by Council.

It is important to note that while this is a substantial investment in the Civic Centre, due to the limited expenditure over the past 35 years it only deals with the most urgent items. A plan is currently being developed to address future asset management requirements.

Consultation

CircuitWest have provided substantial support in identifying current needs and commissioned a Technical Benchmarking report (undertaken by Marshall Day Entertech) that evaluated and compared regional performing arts venues as well as reviewing the equipment contained within each venue. This report has assisted in both identifying the most critical pieces of equipment to be focused on as well as ensuring that any replacement equipment is relevant to the current and future needs as well as being consistent with other regional venues.

The grant application was developed by the Civic Centre Supervisor with assistance from the Manager Community and Economic Development and approved by the Chief Executive Officer.

Financial Implications

The financial implications arising from this report are an increase to

Description		Budget Figure	Amended Figure	Variation
Capital Grants Received	01-7910-150-760	-$15,000	-$138,292	-$123,292
Purchase of General Asset	01-7910-705-660	$30,000	$168,292	$138,292
Net result				$15,000

Asset Management Implications

Historically, equipment at the Civic Centre has been excluded from any systematic asset replacement programme and equipment has been “run into the ground” resulting in the need for staff to supply their own personal equipment or borrow from community groups to stage productions.

This grant will enable the replacement of the highest priority equipment so that an orderly and affordable asset management plan can be developed.

Statutory Implications

S6.8(1) of the Local Government Act deals with the authorisation of expenditure additional to the approved budget.

Policy Implications

All purchases under this funding will be conducted in accordance with the Procurement Policy.

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

Assets which meet the expectations of the community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council

1. Accepts the Regional Venues Improvement Fund allocation.

2. Amends the budget as follows:

Description		Budget Figure	Amended Figure	Variation
Capital Grants Received	01-7910-150-760	-$15,000	-$138,292	-$123,292
Purchase of General Asset	01-7910-705-660	$30,000	$168,292	$138,292
Net result				$15,000

Voting Requirement Absolute Majority

Ordinary Council: Agenda

20 December 2016 Page 108

Item: 12.1.7

Acceptance of Regional Airport Development Scheme - Relocation and Upgrade of Hard Stand for Use by Water Bombers

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/29541

Applicant

Internal Report

Location/Address

Executive Summary

For Council to consider accepting a $49,025 grant from the Regional Airports Development Scheme (RADS).

Recommendation in Brief

That Council

1. Accept the $49,025 grant from the Regional Airports Development Scheme to relocate and upgrade the water bomber facility at Esperance Airport

2. Amend the 2016/17 Budget as follows

Description		Budget Figure	Amended Figure	Variation
Airside Projects	01-7510-775	$0	$98,050	$98,050
Capital Grants Received	01-7510-150	$0	($49,025)	($49,025)
Transfer from Aerodrome Reserve	01-7510-955	($35,000)	($84,025)	($49,025)
Net result				Nil

Background

RADS is a State Government grant program delivered by the Department of Transport and is aimed at improving airport related infrastructure in regional Western Australia. Eligible projects can be runway developments, airside development, grounds, terminal and airport master planning.

The Department of Transport has $3.88M budgeted for the 2017-19 RADS funding round, a first round of offers has been awarded to 13 regional airports which will share in almost $1.25M in State Government funding.

The Shire of Esperance has been awarded $49,025 (requiring a matching contribution of $49,025) to relocate and upgrade the water bomber facilities at Esperance Airport. This allocation will enable a new hardstand to be constructed with a 130,000L tank and an improved access track to enable road train access to the tank.

Works can commence as soon as the funding agreement is signed by the Shire of Esperance and Department of Transport. The Department of Transport is currently preparing the funding agreement documents.

Officer’s Comment

During the fires in November 2015, it became clear that there was significant congestion of the Airport apron due to the Water Bombers, Spotter aircraft, media and VIP aircraft, etc all trying to access the apron for parking and refueling. To further increase this congestion, the Water Bombers are required to traverse the apron to access the tank for resupply of water.

Shire officers met onsite with representatives from the Department of Parks and Wildlife and Department of Fire and Emergency Services since the fires and believe that an alternate location adjacent to the 03/21 gravel runway is a safer option for refilling the Water Bombers with water. A plan showing the relocated position is attached as Attachment A.

Consultation

The Department of Parks and Wildlife and Department of Fire and Emergency Services were involved in the initial stages of planning and have been requested to commit funding towards a storage shed and any ancillary equipment required.

Financial Implications

As at 1^st July 2016, the Aerodrome Reserve contained $4,771,054. There will be nil effect on the 2016/17 net result and the Airport will continue to be self-funding.

Asset Management Implications

The project creates a minor additional annual operational expenditure to maintain the access track and apron for the water bombers. The site will be inspected daily during the standard serviceability inspection of the airport. Any rolling will be conducted at the same time as the gravel runway using airport equipment to further reduce annual expenditure.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Ensure essential services and infrastructure are aligned to community needs now and in the future

Services and infrastructure which meets the needs of the broadest community and responds to changing priorities

Corporate Business Plan 2013/2014 – 2016/2017

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.

Plan - Relocate and Upgrade Water Bomber Facilities

Officer’s Recommendation

That Council

1. Accept the $49,025 grant from the Regional Airports Development Scheme to relocate and upgrade the water bomber facility at Esperance Airport

2. Amend the 2016/17 Budget as follows

Description		Budget Figure	Amended Figure	Variation
Airside Projects	01-7510-775	$0	$98,050	$98,050
Capital Grants Received	01-7510-150	$0	($49,025)	($49,025)
Transfer from Aerodrome Reserve	01-7510-955	($35,000)	($84,025)	($49,025)
Net result				Nil

Voting Requirement Absolute Majority

Ordinary Council: Agenda

20 December 2016 Page 113

Item: 12.1.8

Appointment of Community Members to Visitor Centre Management Committee

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/29906

Applicant

Internal report

Location/Address

N/A

Executive Summary

This item seeks to appoint the community members to the Esperance Visitor Centre Management Committee.

Recommendation in Brief

That Council appoints Tori Castledine and Colin McArthur to the Esperance Visitor Centre Management Committee as community representatives.

Background

Council and Tourism Esperance have been exploring options for the tourism industry to become more involved in the Esperance Visitor Centre over the past couple of years. Establishment of the Esperance Visitor Centre Management Committee is the culmination of this.

At the September 2016 Ordinary Council Meeting Council resolved the following:

That Council

1. Establish the Esperance Visitor Centre Management Committee (as amended).

2. Nominate Cr Parsons and Cr Hall to be members of the committee and Cr McIntyre to act as deputy.

3. Invite Tourism Esperance to nominate 2 representatives to serve on the committee.

4. Seek expressions of interest from members of the Esperance community to serve as one of three community representatives.

Expressions of Interest for the community positions have been called for with only two nominations being received.

Tourism Esperance have advised that their nominees are Wayne Halliday and Denise King.

Officer’s Comment

Both nominees as community representatives are believed to provide value to the committee.

Colin McArthur is the manager of the Business Development Centre with linkages across many business sectors including tourism.

Tori Castledine is the Chief Executive Officer of Esperance Tjaltraak Services and has previously occupied an ex-officio position on Tourism Esperance and been involved in cruise ship visits in her previous role with the Esperance Chamber of Commerce and Industry.

Consultation

Expressions of Interest were publicly advertised through local media, Council publications and via social media.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with appointing members to a Council Committee are contained within 5.10 of the Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

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

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

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council appoints Tori Casteldine and Colin McArthur as community representatives to the Esperance Visitor Centre Management Committee.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

20 December 2016 Page 115

Item: 12.1.9

Esperance Community Arts Funding Application

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/30052

Applicant

Esperance Community Arts (ECA)

Location/Address

67 Dempster Street

Executive Summary

The existing 2013-2016 Core Arts Fund (CAF) Contract between Esperance Community Arts (ECA) and Country Arts WA (CAWA) finishes on 31 December 2016. Due to reviews within the Department of Culture & Arts during 2016, the new Triennial Funding process has been delayed. CAWA and the Shire of Esperance have been advised that the existing 2013-2016 Core Arts Fund (CAF) contract with Country Arts WA will be extended to 31 December 2017 upon agreement from the Shire to provide a further year’s matching payment of $43,296.

Given the recent Esperance Arts Review, (commissioned by ECA) recommended that both ECA and the Cannery should be dissolved it has been recommended that a Council Committee assume responsibility for the role of peak arts body to provide stability and strategic oversight in this area so the recommendations of the review can be reviewed and implemented without jeopardising future funding opportunities.

Recommendation in Brief

That Council establish a Council Committee to act as the peak arts body in Esperance and provide additional funds for the 2017/18 financial year to extend the existing Core Arts Fund.

Background

In November 2013, Council committed to fund Esperance Community Arts for three financial years by matching the contribution from CAWA through the Community Grants Program (previously called the Community Development Fund).

Council resolved to:

1. Support the triennial funding application by Esperance Community Arts (ECA) to Country Arts WA (CAWA); and

2. Commit to provide matching funding to ECA of $43,296 over the next three financial years, subject to:

a. The development of a funding model to provide the most cost effective delivery of arts to the Esperance Community

b. There is a demonstrated commitment from all parties involved in the provision of Arts to participate in developing said model; and

c. Council's matching funds are provided via the Community Development Fund (CDF); and

d. This arrangement is reviewed annually by Council to determine progress in achieving and implementing said model.

The 2016/17 financial year will be the final year of Council’s commitment to fund ECA under the current triennial funding agreement.

At the time of this agreement, Council stated it wanted to see a more sustainable model for the delivery of Arts in Esperance. ECA engaged Karak Consulting with the aid of Lotterywest funding to undertake the Esperance Arts Review in line with this funding condition.

While highlighting the achievements of both groups, the review has recommended (among other things) that ECA and the Cannery Arts Centre be dissolved and that the Cannery premises be relinquished to the shire. It has highlighted the Cannery’s troubled history with ECA and the unsuitability of ECA’s representational committee structure “for governing ‘big picture’ for the arts”.

The review also recommends the establishment of a new peak arts body to have strategic and administrative oversight of the funded activities within the Esperance arts community.

The shire has not been advised of the recommendations being formally endorsed by ECA or the Cannery Arts Centre at this stage but clearly the results of the review need to be considered by Council when assessing future funding commitments.

Officer’s Comment

Ordinarily, funding such as would be considered through an application to the Community Grants program run in March – May each year. CAWA, however, require a commitment from Council in order to inform Department of Culture & Arts of the outcome by early December.

ECA has demonstrated a concerted effort to meet the requirements of Council’s ongoing funding commitment by undertaking the Esperance Arts Review in October 2016. However, the review itself has proposed an alternative model for oversight of the arts in this community.

While there hasn’t been any finding that supports an immediate reduction in funding, this finding, should give Council cause to consider the model it uses for delivery of that funding, given the recommendation that the ECA be dissolved.

Given the relative turmoil that can be expected as the community groups address the findings of the Esperance Arts Review, and at the same time, the state government considers the findings of its own reviews into future directions and funding of the arts, this seems to be a time where the priority is the smooth establishment of a stable and capable peak arts body in Esperance. The new body will need sound administrative skills and support and be at arm’s length to some of the legacy issues which have adversely impacted the current arts bodies.

To this end the council could work consultatively with the current arts groups while they sort out their differences, address the recommendations of the review and establish a new peak arts body. This is effectively the recommendation of the review. This approach doesn’t provide any additional certainty in the short term when Council is being asked to commit additional funding in order to secure matching CAWA funds for the year ahead.

Alternatively, Council could a) provide ECA and CAWA with a commitment to providing the previously agreed level of funding to secure the available grant through a new peak arts body as recommended by the Esperance Arts Review and b) guide the establishment of a new peak arts body.

Guiding the new peak arts body could take the form of greater administrative support and involvement with the current groups but this is likely to be a lengthy process. It will also be difficult to focus the attention of the groups on this single objective when they will quite properly be looking to address the other impacts to arise from the dissolution of the groups that also cater for a wide range of other programs and activities. It will be important to focus on establishing the new peak arts group as soon as possible to ensure it can respond to funding opportunities that may arise at short notice following the state government’s funding reviews as delays could jeopardise future funding opportunities.

A more timely and simple process would be to establish a Council committee with suitable community representation.

The terms of reference for such a committee could be drafted to ensure it only operated as a medium term measure with a review into its effectiveness after say, two years.

With appropriate representative membership, a council committee could provide all the benefits of the current committee structure, without the administrative burden that currently falls on volunteers or part time administrative employees of the community groups who invariable have a range of competing priorities. Recent changes to the shire’s organisational structure will allow for a medium term commitment of administrative support largely within current staff resources.

The more formal involvement of Council and the closer administrative involvement of the Shire staff will provide a measure of confidence to state funding bodies and potential private funders alike. It will also bring financial, program management and strategic planning skills that are not so readily available within the community groups at present. The direct application of staff time and skills may also afford the opportunity to leverage the value of these services for future funding opportunities in a way that is not possible under the current arrangements.

Consultation

On Tuesday, 25th October a presentation was made to Council by EAC to report the findings of the Draft Esperance Arts Review.

Country Arts WA have been approached informally to confirm that funding can be directed to an alternative peak arts body without waiting for the completion of a potentially protracted process of dissolving or restructuring the ECA.

Financial Implications

Council would be required to provide a commitment to the additional provision of $43,296 as matching funds for a one year extension, being 2017/18, to the current Core Arts Fund, an agreement between Esperance Community Arts and Country Arts Western Australia. It is expected that any additional administrative work will be undertaken within existing staff resources.

Asset Management Implications

Nil

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Facilitate and promote arts and cultural activities for all ages

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

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council

1. Direct the CEO to draft terms of reference, for the establishment of a community arts committee in consultation with Esperance Community Arts and the Cannery Arts Centre to:

a. Review the findings and recommendations of the Esperance Arts Review

b. Develop a plan for the implementation of key recommendations of the review

c. Act in the capacity of peak arts body as described in the review.

2. Request the CEO to provide draft terms of reference for consideration at the Ordinary Council Meeting in March 2017

3. Agree to provide an additional matching payment of $43,296 in the 2017/18 financial year to extend the existing Core Arts Fund commitment by Country Arts WA for one year.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 119

12.2 Asset Management

Nil

12.3 Corporate Resources

Item: 12.3.1

Grass Patch Post Office Toilet- Budget Amendment

Author/s	Shane Burge	Director Corporate Resources
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D16/28660

Applicant

Grass Patch Community Development Association

Location/Address

Lot 14 Coolgardie-Esperance Highway, Grass Patch

Executive Summary

For Council to consider a budget amendment to allow the purchase of a toilet for the Grass Patch Post Office.

Recommendation in Brief

That Council agree to purchase a toilet on behalf of the Grass Patch Community Development Association and accept reimbursement for the toilet subject to building approval.

Background

In April 2015 the community successfully completed the restoration of the original Grass Patch Post Office, a stone building built in 1926 and reopened as the Grass Patch Post Office. This was a 10 year project led by the community. The Post Office is run by the Grass Patch Community Development Association (GPCDA) and provides a daily mail service to the community.

Requirements of the Health Act require the GPCDA to have an onsite toilet facility, even though they are only operating for 1 hour per day. Currently the GPCDA are using a portable toilet borrowed from a local builder to enable the Post Office to continue operation. It has always been part of the GPCDA plan to build 'an outback dunny' in keeping with the heritage design. This of course would need to be a modern facility on the inside, but still have the look and location of a 'traditional out the back toilet'.

This request will assist the GPCDA in building a unisex, universally accessible toilet which will cater for both the current Post Office use and for the future potential plans of opening the other two rooms as a local museum.

The GPCDA has been successful in obtaining funding from the Shire through the Community Grants Program of $2,238 consisting of $1,238 for concrete pad and path installation associated with the toilet and $1,000 towards disabled carpark installation.

Officer’s Comment

The GPCDA has raised the funds for the purchase of the toilet and are now requesting that the Shire of Esperance purchase the toilet on their behalf. Quotes have been obtained for a prefabricated toilet as well as requested quotes for an onsite construction, although no quotes were returned. The prefabricated toilet offers the best value for money (See Attachment A).

The GPCDA have raised the funds to fully reimburse the Shire of Esperance for the purchase of the toilet and have provided commitment for the reimbursement (See Attachment B).

Planning approval for the toilet installation was approved by the Shire of Esperance during October 2016. A copy of the planning approval is Attachment C.

The request from the GPCDA is considered to be a reasonable request considering the land where the toilet is to be installed is owned by the Shire of Esperance. There is very little financial risk to the Shire as the purchase of the toilet is to be fully reimbursed by the GPCDA. The GPCDA will also undertake operational maintenance of the facility once it is operational.

From an approval perspective, planning approval has already been obtained and Shire officers are working with the GPCDA on the septic systems approvals and a building approval application.

Consultation

Grass Patch Community Development Association and Shire Officers

Financial Implications

The financial implications arising from this report are

Description		Budget Figure	Amended Figure	Variation
Grass Patch Post Office Toilet	01-7520-710-511	$0	$15,710	$15,710
Capital Reimbursement	01-7520-155-774	$0	($15,710)	($15,710)
Net result				$0

Asset Management Implications

	Capital	Annual	Comments
Capital	$0		Funded by GPCDA
Depreciation (ongoing costs)		$785.50	Over 20 years
Maintenance (ongoing cost)			To be funded by GPCDA
		$785.50	Per year

Statutory Implications

Applicable Health, Building and Planning approvals

Policy Implications

Nil

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

4.5.10 Manage Finance

Environmental Considerations

Septic system

Attachments

a ⇩.	GPCDA Quote
b ⇩.	GPCDA Reimbursment
c ⇩.	GPCDA Planning Approval

Officer’s Recommendation

That Council-

1. Agrees to purchase the toilet on behalf of the Grass Patch Community Development Association.

2. Amends the budget as follows-

Description		Budget Figure	Amended Figure	Variation
Grass Patch Post Office Toilet	01-7520-710-511	$0	$15,710	$15,710
Capital Reimbursement	01-7520-155-774	$0	($15,710)	($15,710)
Net result				$0

3. The purchase of the toilet be conditional upon a building permit being issued.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

20 December 2016 Page 142

Item: 12.3.2

Outstanding Rates - Debt Collection

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

File Ref: D16/29307

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the list of outstanding ratepayers and to endorse the next stage of the debt collection procedure to be followed.

Recommendation in Brief

That Council acknowledge the outstanding ratepayers and endorse the next stage of debt collection procedure - General Purpose Claim – to be followed.

Background

This report is to provide information to Council on ratepayers with balances outstanding 14 days after the due date of rates excluding ratepayers that have elected the instalment option or have entered into a formal payment arrangement. It is also requesting Council’s endorsement to proceed to the next stage of the debt collection procedure and refer the same ratepayers to debt collection agency AMPAC for a general purpose claim (GPC).

At the time of writing this report there were 78 ratepayers with balances outstanding 14 days after the due date of rates. All 78 ratepayers have received a Demand Letter from AMPAC. This letter gives the ratepayer 7 days to contact the Shire to either make payment in full or formalize a payment arrangement. This letter does not cost Council anything and it does not affect the ratepayers’ credit rating.

Of the 78, 63 ratepayers have not responded to final notices; telephone calls; or the AMPAC Demand Letter. 6 ratepayers have made ad hoc payments but less than the first instalment amount. The remaining 9 have paid at least the equivalent of the first instalment amount.

Officer’s Comment

The due date for rates this year was 28 September 2016. As per Council Debt Collection policy a Final Notice from the shire was sent to all ratepayers with an outstanding balance 14 days after the due date excluding ratepayers that have elected the Instalment Option or entered into a formal payment arrangement.

Final Notice recipients have 14 days in which to respond. After expiration of the 14 days a Demand Letter from AMPAC was issued to ratepayers who did not respond to the Final Notice. Demand Letter recipients have 7 days to respond.

The next step of the debt collection policy is to proceed with a General Purpose Claim (GPC) to all ratepayers who have not responded to the Demand Letter. A GPC will incur debt collection costs of approximately $500 each assessment and is added to the outstanding balance. A GPC will also affect the ratepayers’ credit rating.

The rate officers have been contacting ratepayers from the time the Final Notice was sent from the Shire right through to the day of writing this report encouraging ratepayers to enter into a formal (signed) payment arrangement if not able to pay in full. When and if contact is made the ratepayer is warned of the pending GPC and the effect it will have on their credit rating and the extra costs. Payment by the Instalment Option is no longer available if not taken up by the due date. The ratepayers who have paid the equivalent of the first instalment amount or more have done so only after receiving the Final Notice or the Demand Letter. This does not make them eligible for the Instalment Option, they forfeited that right when they did not pay on time. They have to either pay in full or enter into a formal payment arrangement.

Of the 78 outstanding ratepayers there are approximately 34 payment arrangements that have not been returned at this stage. During the time of writing this report to council resolution it is expected the total outstanding will reduce as ratepayers respond by returning paperwork or make payment in full.

A confidential listing of outstanding ratepayers has been attached to this report and is listed in assessment order. It lists the assessment number, amount outstanding, ratepayer name, property address and status. The status code is as follows:

Nil – no response to any methods of contact

Inst – payment of at least the equivalent of the first instalment amount has been received

Ad hoc – ad hoc payments have been received but are less than the first instalment amount

The total amount outstanding is $172,386.

As per council policy for Debt Collection there will be further debt collection for ratepayers on the instalment option who are two instalments in arrears 14 days after the due date of the third instalment. The due date of the third instalment is 1 February 2017.

Consultation

Nil

Financial Implications

Rates outstanding from ratepayers is $172,386.

Asset Management Implications

Nil

Statutory Implications

Local Government Act (1995) Section 6.56 Rates or Service Charges Recoverable in Court.

Policy Implications

COR013: Debt Collection

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Maintain a clear, transparent and ethical decision making process

Openness and transparency in Council decisions

Environmental Considerations

Nil

Attachments

a .

Outstanding Rates - 2017 - Confidential

Officer’s Recommendation

That Council acknowledge the outstanding ratepayers and endorse the next stage of debt collection procedure - General Purpose Claim – to be followed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 145

Item: 12.3.3

Pop-up shop submission - Old School Master's Residence Museum Village

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

File Ref: D16/29938

Applicant

Wendy Stewart

Location/Address

Museum Village Lot 59 (HN 56) Dempster St. Esperance

Executive Summary

For Council to consider allowing the Old School Master’s Residence in Museum Village to be utilised as a short term pop-up shop exhibiting local art work for approximately 6 weeks from around Christmas through to end of January 2017.

Recommendation in Brief

That Council agrees to enter into a short-term licence agreement with Wendy Stewart for a pop-up shop in the Old School Master’s Residence in Museum Village subject to certain conditions.

Background

The Old School Master’s Residence in Museum Village has been unoccupied since December 2015 when the previous lessee who was operating a café elected to vacate. The property has been shown to several interested parties this year with no person as yet being prepared to enter into an agreement.

Ms Stewart has submitted a proposal (attached) on behalf of exhibiting artists to open a pop-up shop for an approximate 6 week period over the 2016/2017 Christmas holiday period.

Officer’s Comment

Consultation was carried out with other lessees of Museum Village in October this year prior to Council approving the pop-up shop going into the Old Sergeant’s Quarters over Christmas. The lessees were united in saying they were happy to see the properties tenanted, even if only on a short term.

Advertising of this agreement is not considered to be required in this instance as exclusive use of the building is not provided. The Shire will still have effective control of the building during the period of the agreement.

Council may wish to consider providing a delegation to the CEO in the future to authorize short term agreements for properties located within the Museum Village.

Consultation

Shire Asset Management

Museum Village Markets Inc.

Financial Implications

In August 2015 Council increased the rent/m²on the Museum Village properties to ensure consistency with other commercial rents offered in the CBD. The rent currently being asked for this property on a longer term basis is $358 (ex GST) per week which equates to $128 /m² (ex GST) per annum.

A recent rent comparison with local CBD commercial properties resulted in the current per m²rates for properties that have recently leased in town are between $150 - $180 /m²per annum.

Acknowledging that the exhibiting artists will have their work for sale, Council may wish to consider reducing the rent of $358 (ex GST) per week to a lesser amount of $197 (ex GST) per week due to the fact that the proponent will only be using approximately half the building (the front 2 rooms and possibly the middle room). The kitchen, rear galley and rear store rooms will be unused. Under the Commercial Tenancy (Retail Shops) Agreement Act 1985 the verandah area cannot be used to calculate rent.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Commercial Tenancy (Retail Shops) Agreement Act 1985

Policy Implications

CORP 003: Museum Park Buildings Leasing Arrangements

CORP 004: Building and Property Leases

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

Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

a ⇩.

Submission - Wendy Stewart - Pop up Art Bizarre

Officer’s Recommendation

That Council agrees to enter into a short-term licence agreement with Wendy Stewart for a pop-up shop in the Old School Master’s Residence in Museum Village subject to the following conditions;

1. The rent to be $197 per week excluding GST;

2. The term of the agreement to be no longer than 6 weeks; and

3. Authorises the CEO to execute the agreement in accordance with Section 9.49A of the Local Government Act 1995 for Execution of Documents.

Voting Requirement Simple Majority

Ordinary Council: Agenda

20 December 2016 Page 201

12.4 Executive Services

Item: 12.4.1

GVROC Strategic Plan

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

File Ref: D16/29908

Applicant

Shire of Esperance

Location/Address

N/A

Executive Summary

For Council to consider the draft GVROC Strategic Plan

Recommendation in Brief

That Council:

1. Endorse the draft GVROC Strategic Plan; and

2. Instruct the CEO to advise GVROC CEO Group that the Shire will not be requesting any changes to the document.

Background

At the Technical Officers Working Group meeting held Friday 18 March 2016 the Shire of Wiluna raised the issue of the GVROC developing a strategic plan. Following discussion it was resolved as shown below:

RESOLUTION: Moved: Dean Taylor Seconded: Jim Epis

That the GVROC Technical Officers Working Group recommend to the GVROC Council that GVROC develop a Strategic Plan.

This recommendation was endorsed by GVROC Council with Puzzle Consulting engaged to prepare the GVROC Strategic Plan.

Puzzle Consulting’s principal, Kate Mills, conducted a workshop in Kalgoorlie on Tuesday 11 October 2016 to gain input from Member Councils as she worked on preparing the Plan.

The Executive Officer advised the GVROC Meeting on Friday 4 November 2016 that a draft of the GVROC Strategic Plan had been provided by Puzzle Consulting on 31 October 2016 (after the GVROC Council meeting agenda for that meeting was distributed). A copy of the draft Strategic Plan and SWOT analysis was distributed to all Member Councils on Tuesday 1 November 2016.

Following discussion it was resolved as follows:

RESOLUTION: Moved: Cr Williams Seconded: Ms O’Brien

That:

1. the Executive Officer’s report be noted; and

2. the Draft GVROC Strategic Plan be received and listed for discussion at the GVROC Council Meeting scheduled for Friday 2 December 2016, with a view to adopt the Strategic Plan at the GVROC Council Meeting to be held on Friday 3 February 2017.

It should be noted that it was necessary to change the GVROC Council meeting date from Friday 2 December to Monday 5 December 2016 due to some delegates having to attend another meeting.

At the 5 December 2016 GVROC teleconference, the following resolution was made:

RESOLUTION: Moved: Cr Best Seconded: Cr Brown

That:

1. GVROC receive the Draft GVROC Strategic Plan; and

2. The GVROC CEOs Group meet during January 2017 to finalise a final draft of the GVROC Strategic Plan for consideration by the GVROC Council when in meets in Esperance on Friday 3 February 2017.

Note: Where a Member Council is going to review the draft strategic plan at its December round of Council Meetings, a request is made that all comments arising from any discussions on the plan be forwarded to the Executive Officer for inclusion in the discussion by the GVROC CEOs Group.

As per the above resolution, Member Councils have been requested to make comment via the GVROC CEO Group on the Draft Strategic Plan, prior to final adoption at the February GVROC Meeting.

Officer’s Comment

On review of the draft document, the author has no significant issues with the either the Objectives or Goals set in the Strategic Plan. The plan is only intended to be implemented over the next 2 years. Once Adopted by GVROC, it is believe a implementation plan will need to be developed.

Consultation

Executive Team

Financial Implications

Nil

Asset Management Implications

Nil

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

Environmental Considerations

Nil

Attachments

a ⇩.

Draft - GVROC Strategic Plan 2017 - 2021

Officer’s Recommendation

That Council:

1. Endorse the draft GVROC Strategic Plan; and

2. Instruct the CEO to advise GVROC CEO Group that the Shire of Esperance will not be requesting any changes to the document.

Voting Requirement Simple Majority

Esperance Museum Management Committee: Minutes

23 November 2016 Page Minutes 235

SHIRE OF ESPERANCE

MINUTES

Esperance Museum Management Committee Meeting HELD IN Esperance Museum ON 23 NOVEMBER 2016

COMMENCING AT 9:30am

1. OFFICIAL OPENING

The Presiding Member declared the meeting open at 9:30am.

2. ATTENDANCE

Members

Cr Ron Padgurskis Shire of Esperance

John Guest Esperance Bay Historical Society

Beverly Drabik Esperance Bay Historical Society

Sylvia Boast Esperance Bay Historical Society

Jean Handley Community Member

Ex Officio

Wendy Plunkett Curator

Jennifer Ford Archivist

Jayne Arnold Library and Culture Coordinator

Mel Ammon Manager Community Services

Public

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Kevin Young Esperance Mechanical Restoration Group

Brendan Freeman Esperance Bay Historical Society

Glenys Gilpin Esperance Family History Society

Terry Sargent Director External Services

4. PUBLIC QUESTION TIME

5. Deputations, Presentations, Inspections, Petitions

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

Nil

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Nil

7. CONFIRMATION OF MINUTES

Moved: J Guest

Seconded: J Handley

That the Minutes of the Esperance Museum Management Committee Meeting of the 28 September 2016 be confirmed as a true and correct record.

CARRIED

8. Matters Requiring a Determination of Committee

Nil

9. Reports

9.1 General Business

1. 40th Anniversary Day

Very successful event with good crowds all day and over $300 taken in gold coin donations. Historical Society Life Member Marj Barker came down from Perth to attend the occasion. The Volunteers are to be congratulated for the organisation of the event and the quality of the food and catering decorations. The siting of the small café tables was particularly impressive, giving the entrance area a colourful and social atmosphere.

2. End of Year Morning tea

All volunteers and Historical Society members are invited to this special morning tea on Tuesday 6 December at 10.15am. Everyone is asked to bring a plate of festive food to share while they catch up with colleagues and meet newer volunteers.

3. Christmas Closing

The Museum will be closed on one additional day to that proposed so will close 24 – 27 December 2016 in order for annual Pest Control spraying to take place.

4. MAWA Conference Perth October 2016

J Arnold gave a short verbal report of her attendance at the Conference.

5. Volunteer Grants

The Federal Government Strengthening Communities Volunteer Grants are currently open until 20 December 2016. Funding of up to $5000 is provided to support the efforts of volunteers. The Shire of Esperance, as a Local Government entity, cannot apply for this grant but the Esperance Bay Historical Society can. The grants are available to support the costs of training to help volunteers learn new skills. Several volunteers have indicated interest in MOSAIC Database training and the trainers are willing to come to Esperance next year for this purpose. J Arnold will investigate whether an application can be submitted by the Society for MOSAIC training funding in 2017. This matter will be discussed at the Historical Society meeting on Tuesday December 6 for a decision on the suggested grant application

9.2 Curator Report

9.3 Archivist Report

Archives Quantity (measured in linear metres – 1 linear metre = 5 x Type 1 archive boxes)

ACCESSIONED
(includes paper, photographs, maps, multimedia (CDs, DVDs, audio cassette tapes))

24 linear metres

UNACCESSIONED
(includes paper, photographs, maps, multimedia (CDs, DVDs, audio cassette tapes)

20 linear metres

TOTAL STORAGE AVAILABLE
(Archives Rooms 1 and 2)

55 linear metres

10. Financial Reports

10.1 2015/2016 Financial Report

M. Ammon clarified that the previous Advertising budget line in the Museum budget had been removed in the 16/17 budget but money for advertising was still available through the general Shire Promotion and Marketing budget allocation.

Moved: S Boast

Seconded: J Guest

That the Financial Report be received.

CARRIED

11. NEW BUSINESS OF AN URGENT NATURE

11.1 Curator Resignation

The Curator tendered her letter of resignation (as Attachment A) and Cr. Padgurskis thanked Wendy for her dedicated work over the past six years. J. Arnold said that a more formal recognition of Wendy’s retirement as Curator would be organised in the new year. Wendy said that she would remain as a general museum volunteer in the future.

Committee members asked what plans had been put in place for a replacement curator and M. Ammon replied that options were being assessed at present and further information would be given to the Committee and volunteers as soon as matters had been settled.

B. Drabik asked M. Ammon to clarify her role and the structure of the Community Support area. M. Ammon explained both points and said that those areas under her management were predominantly the areas that had major levels of external funding and also had a strong reliance on volunteers to assist in their service operations.

S. Boast asked that consideration be given to an annual winter closure period to occur either before or after the July school holidays. J. Arnold replied that this would be discussed at the next Committee meeting in 2017.

12. CLOSURE

The Presiding Member declared the meeting closed at 10:20am.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

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

Dated_____________________

Attachment A – Letter of Resignation from Curator

a ⇩.	Information Bulletin - November 2016
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇩.	Award - Council Award of Excellence - Garage Sale Trail 2016
d ⇩.	Letter - Acknowledgement - Better Practice Review
e ⇨.	Interplan Report - November 2016 - Under Separate Cover

Disclosure of Financial, Proximity or Impartiality Interests

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

Declaration of Interest (Notes for Your Guidance)

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

Author/s	Lynda Horn	Community Development Officer
Authorisor/s	Terry Sargent	Director External Services