Ordinary Council: Agenda
26 June 2018 Page 1
14 June 2018
Shire of Esperance
Ordinary Council
An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 19 June 2018 commencing at 1pm to brief Council on the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 26 June 2018 commencing at 4pm to consider the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
Ordinary Council: Agenda
26 June 2018 Page 2
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
Ordinary Council: Agenda
26 June 2018 Page 3
Disclosure of Financial, Proximity
or Impartiality InterestsAgenda Briefing ¨ Ordinary Council Meeting ¨ Both Meetings ¨
Name of Person Declaring the Interest:
Position:
Date
of Meeting:
This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Signature: Date:
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Office Use Only:
Officer Date |
Ordinary Council: Agenda
26 June 2018 Page 4
Declaration of
Interest (Notes for Your Guidance)
A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:
a) In a written notice given to the Chief Executive Officers before the Meeting or;
b) At the Meeting, immediately before the matter is discussed.
A member, who makes a disclosure in respect to an interest, must not:
c) Preside at the part of the Meeting, relation to the matter or;
d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.
Notes on Financial Interest (For your Guidance)
The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.
1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.
2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.
3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.
4. If in doubt declare.
5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.
6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:
6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or
6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.
Interests Affecting Proximity
1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;
a) a proposed change to a planning scheme affecting land that adjoins the person’s land;
b) a proposed change to the zoning or use of land that adjoins the person’s land; or
c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.
2) In this section, land (the proposal land) adjoins a person’s land if;
a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;
b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.
3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.
Interests Affecting Impartiality
Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.
A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;
a) In a written notice given to the Chief Executive Officers before the Meeting or;
b) At the Meeting, immediately before the matter is discussed.
Impact of an Impartiality Closure
There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.
With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.
THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK
Ordinary Council: Agenda
26 June 2018 Page 7
TABLE OF CONTENTS
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
8. PUBLIC ADDRESSES / DEPUTATIONS
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
12.1.2 Community Grants Program - 2017/2018 Budget and Annual Applications
12.2.1 Dempster Head Management Plan
12.3.1 Schedule Fees and Charges 2018/2019
12.3.2 Policy Review - Human Resources
12.3.3 Financial Services Report - May 2018
12.4.1 Corporate Business Plan 2018/19 - 2021/22
12.4.2 Adopting the Fencing Local Law 2018
12.4.3 Appointment of Representatives to Museum Management Reference Group
12.4.4 Information Bulletin - May 2018
13.2 Off Road Vehicle Working Group - 10 Mile Beach Access Closure
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
17.1 0117-18 Prequalified Supplier Panel - Traffic Management
17.3 Proposed Notice - Local Government Act 1995 - Disused Materials and Rubbish - West Beach area
17.4 Proposed Direction Notice - Planning and Development Act 2005 - Pink Lake Area
17.5 Esperance Seafront Caravan Park Masterplan
Ordinary Council: Agenda
26 June 2018 Page 9
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 26 June 2018
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 S McMullen Town Ward
Cr S Payne Town Ward
Cr L McIntyre Town Ward
Cr R Padgurskis Town Ward
Cr D Piercey, 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 Manager Strategic Planning & Land Projects
Mrs H Hall Executive Assistant
Miss A McArthur Trainee Administration Officer
Members of the Public & Press
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4. APPLICATIONS FOR LEAVE OF ABSENCE
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
7. PUBLIC QUESTION TIME
8. PUBLIC ADDRESSES / DEPUTATIONS
9. Petitions
10. CONFIRMATION OF MINUTES
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That the Minutes of the Ordinary Council Meeting of the 22 May 2018 be confirmed as a true and correct record. Voting Requirement Simple Majority |
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
Development Application - Change of Use from Dwelling to Holiday House - Lot 179 (27) Addington Cross, West Beach
|
Author/s |
Peter Wilks |
Senior Planning Officer |
|
Authorisor/s |
Richard Hindley |
Manager Strategic Planning & Land Projects |
File Ref: D18/13386
Applicant
T & K Walter
Location/Address
Lot 179 (27) Addington Cross, West Beach
Executive Summary
For Council to consider Development Application 10.2018.3810.1 for a Change of Use from Dwelling to Holiday House at Lot 179 (27) Addington Cross, West Beach.
Recommendation in Brief
That Council approve Development Application 10.2018.3810.1 for a Change of Use from Dwelling to Holiday House at Lot 179 (27) Addington Cross, West Beach subject to conditions.
Background
An application was submitted to Planning Services on 9 May 2018 seeking development approval for a Change of Use for the Dwelling at Lot 179 (27) Addington Cross, West Beach to a Holiday House.
Holiday House is an ‘A’ use in the Scheme, and has a mandatory advertising requirement to landowners that may be affected by the proposal. In this instance it was determined that two lots to the north and the single lot to the south would be most affected by the proposal.
Advertising was undertaken for two weeks between 16 May 2018 and 30 May 2018. One objection was received.
Officer’s Comment
Lot 179 (27) Addington Cross, West Beach is zoned Residential (R12.5/20) and is not affected by any Special Control Area.
The objection (see Attachment B) that was received was on the grounds of potential noise impact and security concerns. These grounds for objection are mitigated somewhat by Holiday Home Management Plan provided by the applicant as part of the application which includes the provision of a local caretaker, who is in this case the applicant, who can respond to issues and complaints regarding the property in a timely manner.
It is noted that Holiday House is an ‘A’ use under Local Planning Scheme No. 24, and as such is a suitable land use in Residential areas.
It is noted that there is a previously approved Holiday House directly across the street from the objector.
Consultation
Holiday House is an ‘A’ use in the Scheme, and has a mandatory advertising requirement to landowners that may be affected by the proposal. In this instance it was determined that two lots to the north and the single lot to the south would be most affected by the proposal.
Advertising was undertaken for two weeks between 16 May 2018 and 30 May 2018. One objection was received.
Financial Implications
Application fees totalling $295.00 were received as part of this application.
Asset Management Implications
Nil
Statutory Implications
The statutory implications arising from this report are:
· Planning and Development Act 2005
· Local Planning Scheme No. 24
Policy Implications
Local Planning Policy: Holiday Homes
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments enhance the existing built environment
Facilitate and guide high quality, compliant and efficient building and development across the Shire
Environmental Considerations
Nil
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a⇩. |
Plans |
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b⇩. |
Objection |
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That Council resolve to approve Development Application 10.2018.3810.1 for a Change of Use from Dwelling to Holiday House at Lot 179 (27) Addington Cross, West Beach 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. This planning approval relates to the land the subject of the application and the applicant only, and cannot be assigned to any other person or transferred to any other property or premises. 3. The approved Holiday House must not display a sign exceeding 0.2 square metres in area without the issuance of Planning Approval by the Shire of Esperance. 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 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.
6. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.
7. A copy of the Holiday House Management Plan is to be provided to the adjoining landowners.
8. An electrical safety certificate demonstrating compliance with the provisions of the Building Code of Australia regarding installation of smoke alarms and emergency lighting is to be provided to Shire of Esperance (Building Services) prior to commencement of use. AND the following advice notes:
1. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995. 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. Lighting to assist evacuation and smoke alarms must be hard wired to mains power and be installed in the rooms and associated areas in accordance with Part 3.7 of the Building Code of Australia. 4. In the event that the use of the Holiday House hereby approved reverts back to the Single Dwelling land use, you are to provide a letter to that effect to the Shire of Esperance for our records. 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. Voting Requirement Simple Majority |
26 June 2018 Page 22
Community Grants Program - 2017/2018 Budget and Annual Applications
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Author/s |
Trevor Ayers |
Manager Community & Economic Development |
|
Authorisor/s |
Terry Sargent |
Director External Services |
File Ref: D18/8993
Applicant
Internal report
Location/Address
N/A
Executive Summary
For Council to consider the applications received under the Community Grants Program for annual allocation in the 2018/2019 budget.
Recommendation in Brief
That Council includes into the 2018/2019 Annual Budget the following funds to be distributed in accordance with the criteria and guidelines of the Community Grants Program:
· Support category budget of $25,000
· Assistance category, applications to the value of $36,072.23
· Development category, applications to the value of $89,516.40
· Events category, applications to the value of $45,820.06
· Contribution to Esperance Community Arts of $43,296.00
Background
This will be the 18th year of the provision of grant funding to the community via this process.
The Community Grants Program is the Shire’s principal community investment program. Through this
program Council contributes to community wellbeing by:
· Supporting and stimulating diverse and dynamic projects, programs and activities;
· Encouraging collaboration through engagement and participation in the community;
· Facilitating stronger, more sustainable and resilient communities; and
· Supporting the maintenance and upgrade of community facilities.
The guidelines and application forms for the Community Grants Program are available on the Shire’s website. The guidelines state that “The grants program is designed to provide limited financial assistance and is not intended to be relied upon as a primary or recurrent source of funding”, and “All funding requests must not exceed 50% of the total project cost (with the exception of the Support category).”
Among other requirements, part of the guiding assessment criteria states that applicants need to demonstrate the community need for the project, benefit to the community, alignment to the Shire of
Esperance Strategic Community Plan, organisational ability to effectively manage the project and capacity to make a financial and in-kind contribution towards the project.
A total of 30 applications, requesting $324,779.69 were received under the 3 annual grant categories of the Community Grants Program:
· Assistance category (14 applications)
· Development category (7 applications)
· Events category (9 applications)
Additionally, at the Ordinary Council Meeting of 23 May 2017 Council resolved the following:
That Council
1. Accept the response by the Management Committee of Esperance Community Arts Inc. to the document “Esperance Arts Review Planning for the Future; Arts for the Esperance Community”
2. Note the milestones presented by Esperance Community Arts; and
3. In principal continue matching funding with Country Arts WA until June 2019 subject to annual budgetary considerations and;
a. Copies of the Interim Financial Reports and statements provided to Country Arts WA, also being provided to Council
b. Demonstrated achievement of milestones and satisfactory progress towards establishment of a functioning board of management for ECA
4. Require a Shire representative on the interim board
A contribution of $43,296 (consistent with 20017/18) has been included as a contribution to Esperance Community Arts.
Officer’s Comment
The Community Grants Program Matrix has been previously supplied to Council along with a copy of the full applications, for individual assessments of applications received. Following review by Officers, Council briefings and presentations to Council by requested applicants a total of $171,408.69 is proposed to be funded across 26 projects. The recommendation is based on the consensus position of Council arrived at during the briefings and discussions that have taken place to this point.
Total applications this year were valued at $324,779.69. The application from the Business Development Centre Esperance has been withdrawn as they have lost their core funding which has resulted in them ceasing operations.
On review of the asphalting costs for the Cycling Club it has been determined that $31,420 can be saved by the Shire undertaking these works as part of its works program, therefore saving mobilisation and other costs. Accordingly the requested $50,000 has been reduced to $18,580.
An annual allocation for the Support Category also needs to be approved for the 2018/19 budget. It has been proposed that this be set at $25,000, which is an increase of $5,000 on recent years as the 2017/18 allocation was fully utilised by early April 2018.
Esperance Community Arts has met the requirements identified in 3 & 4 of the above Council resolution.
Including the Support Category and Esperance Community Arts contribution this would result in a total of $239,704.69 being allocated to the Community Grants Program for the 2018/19 year. The table below sows the breakdown this year as compared to last year.
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2017 |
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Category |
No. Received |
Value |
No. Approved |
Value |
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Assistance |
8 |
$30,846.32 |
7 |
$23,236.32 |
|
Development |
6 |
$126,672.50 |
6 |
$97,005.00 |
|
Events |
4 |
$17,000.00 |
4 |
$10,500.00 |
|
Support |
|
$20,000.00 |
*26 |
$20,000.00 |
|
ECA Contribution |
|
$43,296.00 |
|
$43,296.00 |
|
Total |
18 |
$237,814.52 |
17 |
$194,037.32 |
|
2018 |
||||
|
Category |
No. Received |
Value |
No. Recommended |
Value |
|
Assistance |
14 |
$52,221.23 |
12 |
$36,072.23 |
|
Development |
7 |
$229,209.40 |
5 |
$89,516.40 |
|
Events |
9 |
$43,349.06 |
9 |
$45,820.06 |
|
Support |
|
$25,000.00 |
|
$25,000.00 |
|
ECA Contribution |
|
$43,296.00 |
|
$43,296.00 |
|
Total |
30 |
$368,075.69 |
26 |
$239,704.69 |
Given this years proposed allocation is significantly higher than last year Council may wish to amend the amounts provided to one or more of the applicants.
Consultation
Community Development Team
Executive Management Team
Council Briefings
Manager Community Support
Financial Implications
Allocations approved in this agenda item will be factored into Council’s 2018/19 Annual Budget. It is important to note that the current recommendation is $45,667.37 higher than last year’s Community Grant Program allocation.
Asset Management Implications
N/A
Statutory Implications
Local Government Act 1995, Section 6.2 Local Government to prepare annual budget
Policy Implications
N/A
Strategic Implications
Strategic Community Plan 2012 - 2022
Social
Encourage and support volunteers and community groups
Active and growing volunteer and community groups
Environmental Considerations
N/A
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a⇨. |
CGP - Information Matrix 2018 2019 - Under Separate Cover |
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That Council includes into the 2018/2019 Annual Budget the following funds, to be distributed in accordance with the criteria and guidelines of the Community Grants Program:
1. Support category budget of $25,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;
2. Assistance category budget of $36,072.23, allocated as follows:
3. Development category budget of $89,516.40, allocated as follows:
4. Events category budget of $45,820.06, allocated as follows:
5. Contribution to Esperance Community Arts of $43,296.00
Voting Requirement Simple Majority |
26 June 2018 Page 27
Dempster Head Management Plan
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Author/s |
Jason Rhodes |
Manager Parks and Enviroment |
|
Authorisor/s |
Mathew Walker |
Director Asset Management |
File Ref: D18/13508
Applicant
Internal
Location/Address
Dempster Head – Reserve 41141
Executive Summary
For Council to consider adopting the Dempster Head Management Plan 2018.
Recommendation in Brief
That Council:
1. Adopt the Dempster Head Management Plan 2018 incorporating changes as attached;
2. Consider a budget bid for 2018/19 for a downhill/endure mountain bike site selection study for suitable locations in Esperance to undertake downhill/endure mountain biking, based on the draft Western Australian Mountain Bike Management Guidelines; and
3. Relinquish the Management Order of Reserve 39453 subject to Southern Ports agreeing to take over the management of the reserve.
Background
The Shire engaged South Coast NRM to update the 2003 Dempster Head management Plan to help manage ongoing social and environmental issues within the reserve. As part of the review a flora survey, dieback survey and basic land capability assessment were also undertaken. The updated management plan will guide the future management of the reserve and ensure the value of the reserve is protected so it can be enjoyed by future generations.
Formal consultation was undertaken with a number of key stakeholders as part of the review process to assist in identifying the community’s values of the reserve.
At the March 2018 Ordinary Council Meeting Council resolved the following:
O0318-071
Council Resolution
That Council:
1. Receive the draft Dempster Head Management Plan 2018;
2. Request the CEO to advertise the draft Dempster Head Management Plan, for a period of 21 days, for public comment; and
3. Formally invite the key stakeholders to provide comment on the draft Dempster Head Management Plan 2018 during the consultation period.
The draft Dempster Head Management Plan was advertised for public comment from the 6th April 2018 until Friday 27th April 2018 as per the council resolution, with formal invites sent to the key stakeholders.
Officer’s Comment
There was a good response to the public submissions with 34 submissions received by the due date. The submissions are included in attachment A with a summary of the submissions and officers comments provided in the table below completed in consultation with South Coast NRM.
Based on the comments of the submissions a revised Dempster Head Management Plan 2018 is presented in attachment B with tracked changes to the draft Dempster Head Management Plan 2018 with the Appendices included in attachment C.
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No |
Submitter |
Submission Comments on Draft Plan |
Officers Comments |
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1 |
LEAF |
1) Overall Management Plan comprehensive and informative. 2) LEAF endorse the report excluding recommendation 2.11 Mountain bike riding 3) The 2003 Plan prohibiting Mountain Biking should be maintained and include banning all vehicles to the reserve 4) Recommend an annual budget be allocated for the reserve. 5) modify 2.6 to include additional infrastructure such as picnic tables, toilets and water 6) That priority is given to revegetate unsanctioned tracks 7) That priority is given limiting cars to the NE side 8) Changes to incorrect names 9) LEAF has $3,000 for a signage project for Dempster Head |
1) Noted 2) Not supported 3) The 2003 Plan is now obsolete due to new information obtained in the new Plan. The new Plan has a more balanced approach. 4) This will be a part of the annual budgeting process 5) Seating may include picnic tables. Toilets and water is not supported due to the limitation and costs to provide this infrastructure 6) This has already been included in the Plan 7) This has already been included in the Plan 8) Changes included in Plan 9) Noted |
|
2 |
EMBA |
1) Support for Mountain Bike trail network on Dempster Head 2) Section 6.3 rewrite |
1) This is already included in the New Plan subject to further assessment from a trails professional 2) not supported, minor changes have been included |
|
3 |
Southern Ports |
1) Reserve 39453 is included in the Dempster Head Management Plan. It may be worth looking at the vesting of the reserve 2) Feral pests on Reserve 39453 3) Weeds in Reserve 39453 4) Aboriginal Heritage in Reserve 39453 5) Erosion control and stormwater management around Bostock St and Panorama Pl 6) Fire risk, consider controlled burns |
1) Not supported, Reserve 39453 is an alienated reserve that cannot be managed as part of the Dempster Head Management Plan. This reserve maybe better managed by Southern Ports 2) The Shire is not in a position to manage Reserve 39453 to the level that Southern Ports is requesting 3) The Shire is not in a position to manage Reserve 39453 to the level that Southern Ports is requesting 4) Aboriginal heritage on Reserve 39453 is not include in the Plan 5) Water Corporation is responsible for the old railway dam system, which is outside the control of this Plan. Natural watercourses will be maintained in the Plan 6) Controlled burns would be impractical, strategic fire breaks are already addressed in the Plan |
|
4 |
DBCA |
1) Dieback management in the reserve maybe unreasonable and impractical |
1) Risk minimisation by managing recreational actives throughout the reserve has been updated in the Plan |
|
5 |
Nicole Gribble |
1) Mountain Biking would cause damage to the reserve |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
6 |
John Richardson |
1) Wildflowers and more diverse vegetation on Dempster Head 2) Parking and Toilet Facilities improvements 3) Agree with Doggy Bags 4) Signage suggestions 5) Picnic facilities and rubbish bins including BBQ's |
1) Limitation on the vegetation survey are addressed in the Plan 2) Parking has been addressed in the Plan, Toilets are not supported due to the limitation and costs to provide this infrastructure 3) Addressed in the Plan 4) Addressed in the Plan 5) Picnic facilities are address in appropriate locations, rubbish bins are included in the Plan, BBQ's are not supported due to the cost and maintenance required. |
|
7 |
Michelle Crisp |
1) Restricting access off McCarthy Street to Vehicles 2) Immediate ban on all bikes and unauthorised vehicles on Dempster Head 3) Enforcement of prohibited activates 4) Ensure no further clearing occurs 5) Rehabilitation of unauthorised tracks 6) Protect the area further spread of disease and dieback 7) Control of feral animals 8) Remove section in 6.3 "the benefits of Mountain Biking..." 9) Delete recommendation regarding mountain biking in 6.3, and replace with prohibit 10) recommendation 2.11.1.2 and 2.11.1.4 - regarding Mountain Biking be deleted 11) Other typographical errors |
1) Address in the Plan 2) a temporary ban is already in place 3) Enforcement is an operation issue 4) Addressed in the Plan 5) Addressed in the Plan 6) Addressed in the Plan 7) Addressed in the Plan 8) The section referred to has been reworded to not include mountain biking 9) Not supported 10) Not supported 11) Other typographical error have been corrected in the Plan |
|
8 |
Hugh Crisp |
1) Gate between water tanks on McCathy St 2) Feral Animal and weeds control 3) Not supportive of Mountain bikes on Dempster Head |
1) Access off McCathy St has been addressed in the Plan 2) Addressed in the Plan 3) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
9 |
Anna Morcombe |
1) General Support of the Plan except 2.11 Mountain Biking 2) not supportive of Mountain bikes on Dempster Head |
1) Noted 2) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
10 |
Craig Bowen |
1) Interest in Mountain Biking, including on Dempster Head |
1) Noted |
|
11 |
Ken Richardson |
1) Not supportive of recommendation 2.11, Dempster Head is not a suitable location for mountain biking |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
12 |
Dr Helen McCarty |
1) General comments |
1) Addressed in the Plan |
|
13 |
Wendy Stewart |
1) Concerns over Mountain Biking on Dempster Head 2) Conservation values on Dempster Head |
1) Address in the Plan 2) Address in the Plan |
|
14 |
John Richardson |
1) General concerns regarding mountain biking including erosion, conflicts and safety. |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
15 |
Gary Johnson |
1) Doesn't believe it was necessary to update the 2003 Plan 2) Concerns over Mountain Biking on Dempster Head |
1) The Plan required updating to reflect current and future management of Dempster Head 2) Mountain biking suitability on Dempster Head is addressed in the plan |
|
16 |
Dr Calais Tink |
1) Concerns over Mountain Biking on Dempster Head 2) Revegetation of areas on Dempster Head |
1) Mountain biking suitability on Dempster Head is addressed in the plan 2) Address in the Plan |
|
17 |
Charlie Howard |
1) Supportive of Mountain biking on Dempster Head 2) Enduro maintain biking be included in the Plan |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan 2) Enduro mountain biking has been included in the Plan |
|
18 |
Celine Dubois |
1) Supportive of Mountain biking on Dempster Head |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
19 |
Christine Grant |
1) General Comments |
1) Noted |
|
20 |
Jan Archer |
1) General Comments |
1) Noted |
|
21 |
Rod Parsons |
1) Who constructed the Piggery track is wrong 2) Not happy with consultation 3) General comments on mountain biking in Esperance |
1) The Plan has been updated to reflect this correctly 2) EMBA was a key stakeholder and included as part of the targeted consultation for the Plan 3) Noted |
|
22 |
Stephen Butler |
1) General comments regarding coastal management 2) Supportive of appropriately constructed mountain bike trails on Dempster Head 3) Safety for cyclists / users on Dempster Head 4) The Plan should better reflect EMBA position 5) The Plan should support Downhill and cross country Mountain biking 6) The Plan should recognise properly planned and designed trails are manageable, sustainable and benefit the community and tourists 7) The Plan should recognise walk and mountain bike trails need to be separate 8) The Plan should recognise that mountain biking has risks 9) The Plan should recognise that Dempster Head is the only suitable place that can cater for Downhill mountain biking 10) Hygiene management for mountain bikers 11) Dieback management in the reserve maybe unreasonable and impractical |
1) Noted 2) Mountain bike trail suitability on Dempster Head is addressed in the plan 3) Addressed in the plan, recommendation if trails are created to engage a professional designer 4) This is not EBMA's response to the Plan, so is not relevant 5) Address in recommendation 2.11 of the Plan 6) Address in recommendation 2.11 of the Plan 7) Not supported, dual use paths are a common practice 8) Addressed in the Plan and the WAMBMG 9) This statement is not supported by any study or assessment into downhill mountain biking and is purely speculation. 10) Hygiene management addressed in the plan 11) Risk minimisation by managing recreational actives throughout the reserve has been updated in the Plan |
|
23 |
Tom Benage |
1) General Support of Mountain biking |
1) Address in the Plan |
|
24 |
Willem Speelman |
1) Dempster Head is the only suitable place that can cater for Downhill mountain biking 2) Downhill mountain biking is an exciting activity 3) Little outdoor recreation activates in Esperance 4) Downhill mountain biking is growing in popularity |
1) This statement is not supported by any study or assessment into downhill mountain biking and is purely speculation. 2) Noted 3) Not supported 4) Noted |
|
25 |
Paul Topping |
1) Supportive of Mountain biking on Dempster Head |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
26 |
Rob Sudmeyer |
1) Supportive of Mountain biking on Dempster Head 2) Trails have been there for over 30 years so they should be retained 3) Mountain biking and walking trails are complementary 4) Mountain Bike trails will increase the enjoyment of Dempster Head without negatively impacting the environment 5) SC NRM have no experience in designing mountain bike trails 6) Funding available for Mountain Biking track design and construction 7) Prohibition unlikely to stop Mountain Biking |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan 2) Mountain bike trail suitability on Dempster Head is addressed in the plan 3) Addressed in the Plan 4) Addressed in recommendation 2.11, professionally designed trails maybe appropriate 5) Addressed in 2.11, requiring a professional to design any mountain bike trails 6) Noted 7) Agreed |
|
27 |
Andrew Scully |
1) Supportive of Mountain biking on Dempster Head |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
28 |
Collin Howard |
1) Supportive of Mountain biking on Dempster Head 2) Request a professional track builder to formalise one track |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan 2) Included in the plan, if a track is to be formalised this would require a professional to design |
|
29 |
Doug Cary |
1) Supportive of Mountain biking on Dempster Head |
1) Mountain bike trail suitability on Dempster Head is addressed in the plan |
|
30 |
John Tryhall |
1) General support for the Plan |
1) Noted |
|
31 |
Ken Mills |
1) General support for the Plan 2) Floristic richness 3) Threatening processes 4) Impact of mountain bikes 5) Tourism value |
1) Noted 2) This has been addressed in the plan 3) This has been addressed in the plan 4) This has been addressed in the plan 5) This has been addressed in the plan |
|
32 |
W Freebairn |
1) Would like a short cut to Lovers Cove |
1) This is not supported due to erosion and dieback issues making it cost prohibitive |
|
33 |
Cheryl Bradley |
1) General support for the Plan excluding mountain bike riding 2) Opposes Mountain bikes on Dempster Head 3) Changes to incorrect names |
1) Noted 2) Not supported 3) Changes included in Plan |
|
34 |
Lara McIntyre |
1) Typos 2) Action 2.2 Set appropriate trail construction standards 3) Action 2.2.1.3 Modify entry to Lover Cove to make it difficult for scoters 4) Action 2.2.1.3 Liaise with Rotary to cease painting arrows on rocks 5) Action 2.2.1.3 Develop appropriate trail markers 6) Action 2.2.1.1 Construction of steps not stairs 7) Action 2.2.1.3 prioritise this action 8) Action 2.2.1.4 Stairway not required 9) First beach track erosion 10) Action 2.4.1.1 paint angle parking line 11) Action 2.4.1.1 Control access onto informal parking on granite rock 12) Liaise with Rotary to remove wishing well 13) Action 2.5.1 Liaise with Port Authority regarding Port Lookout 14) Action 2.6.1.1 opposed to installation of a picnic table 15) Action 2.11.1.2 include dot point 2 from action 2.11.1.4 16) Action 2.12 personal training not marking routes without approval 17) New Action seek funding for develop a visitor interpretation plan and construct infrastructure |
1) Typo has been corrected 2) Construction standards to be determined as part of the implementation. 3) Will be included in the implementation of the Plan in action 2.2.1.3 4) Already included in 5.3 and action 2.2.1.2 of the Plan 5) Already included in 5.3 and action 2.2.1.2 of the Plan 6) The action only suggests steps 7) Prioritisation of actions is not included in the plan, this will be determined after adoption 8) The Plan has been changed to include "or steps" 9) This is outside the Plan area 10) Already included in the car parking future improvements 11) Agreed, action missing from plan is now included. 12) Included in action 2.5.1.2 for Rotary to maintain the wishing well, maintenance may include its removal 13) Responsibility updated in the Plan 14) Not supported 15) Not supported as clearing will not be required for alternative routes 16) Noted, this would be included in the permit process 17) This action is already included in many of the other actions |
Based on the submissions received mountain biking on Dempster Head was the major issue raised, with a similar numbers of submissions both for and against the activity. The plan developed by South Coast NRM has taken a balanced approach to mountain biking on Dempster Head consistent with the draft Western Australian Mountain Bike Management Guidelines (WAMBMG). The WAMBMG address several criteria including environmental sustainability, detailed in the following extract:
Trail development must be planned, designed and constructed with the highest environmental standards. Trails should be appropriate to the landscape, sense of place, and add value to the area. Trails should not destabilise soils or slopes. Vegetation should not be cleared or damaged beyond the bounds of the required trail footprint. Trails should be used to manage recreation on wildlife and habitats in a positive way. Trails should be designed and constructed in way that minimises the potential spread of dieback and weeds.
If mountain biking trails can be designed to meet this principal and others outlined in the WAMBMG, there would be no reason not to allow mountain biking on Dempster Head, subject to it being financially viable. If Council wishes to pursue mountain bike riding on Dempster Head, funding would be required to engage a professional specialist trail designer/ planner to undertake further assessment.
Taking a step back, officers would recommend undertaking a site selection study to identify suitable locations in Esperance to undertake downhill/endure mountain biking including Dempster Head before pursuing a professional designer to only look at Dempster Head.
In the Southern Ports submission they requested Reserve 39453 be included in the Dempster Head Management Plan, this is an alienated reserve that is not connected to Dempster Head, see picture below of the subject reserve, as per the submission from Southern Ports they have raised concerns regarding the management of this reserve. Southern Ports maybe in a better positon to manage the reserve to a standard that better meets their requirements than the Shire is able to. It is recommended that the Shire investigate relinquishing Reserve 39453 to Southern Ports.
Consultation
Submissions from the Draft Dempster Head Management Plan are being considered as part of this report. Consultation was also undertaken with the following key stakeholders:
1. Local Environmental Awareness Association
2. Esperance Tjaltjraak Native Title Aboriginal Corporation
3. Esperance Mountain Bike Association
4. Esperance Bird Observers Group
5. Esperance Wildflower Society
6. Rotary Club of Esperance
7. Rotary Club of Esperance Bay
8. DBCA Parks and Wildlife
9. Southern Ports Authority
10. Water Corporation
11. Telstra Corporation
12. Community Members
Financial Implications
To be considered in future budget allocations
Asset Management Implications
The Dempster Head Management Plan will help inform future Asset Management Plans.
Statutory Implications
N/A
Policy Implications
N/A
Strategic Implications
Strategic Community Plan 2017 - 2027
Natural Environment
Maintain and improve condition of natural assets and reserves sustainably, taking into consideration recreational, environmental, cultural and economic values
Corporate Business Plan 2017/2018 – 2020/2021
Coordinate implementation schedule for the Coastal management Plan
Environmental Considerations
The environmental considerations arising from this report are the current condition and diversity of the vegetation within the reserve and the pressure it is being put under due to current recreational activities. These are included in the Management Plan for Dempster Head
|
a⇨. |
Submissions - Dempster Head Management Plan - Under Separate Cover |
|
|
b⇨. |
Dempster Head Management Plan - Under Separate Cover |
|
|
c⇨. |
Dempster Head Management Plan - Appendices - Under Separate Cover |
|
|
Officer’s Recommendation That Council: 1. Adopt the Dempster Head Management Plan 2018 incorporating changes as attached; 2. Consider a budget bid for 2018/19 for a downhill/endurance mountain bike site selection study for suitable locations in Esperance to undertake downhill/endurance mountain biking, based on the draft Western Australian Mountain Bike Management Guidelines; and 3. Relinquish the Management Order of Reserve 39453 subject to Southern Ports agreeing to take over the management of the reserve. Voting Requirement Simple Majority |
26 June 2018 Page 36
Schedule Fees and Charges 2018/2019
|
Author/s |
Beth O'Callaghan |
Manager Financial Services |
|
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D18/12973
Applicant
Corporate Resources
Location/Address
Internal
Executive Summary
To present the draft Schedule of Fees and Charges for 2018/19 for consideration and inclusion within the 2018/19 draft budget.
Recommendation in Brief
That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2018/19 budget adoption.
Background
Similar to previous years a draft copy of the Fees and Charges is presented to Council prior to draft budget day for review and consideration.
The Fees and Charges as presented are the current figures used to determine the draft 2018/19 budget. Fees and Charges that are new or have been varied since the 2017/18 budget have a diamond indicator for easy identification to the right of the fee.
Officer’s Comment
Some fees are set by regulatory bodies such as the Builders Registration Board; or by other regulations and acts. The Schedule of Fees and Charges document contains a column named Statutory Fee Indicator. This identifies if the fee is set by a regulatory body.
A Pricing Policy has been included at the front of the Schedule of Fees and Charges. It outlines the Pricing Principles used as a guide to determine the fees and charges each year.
It is proposed that the fees will be adopted formally by Council and come into force with the adoption of the budget. An endorsement of the fees prior to the budget adoption will allow staff to inform people or organisations who may be effected by any changes prior to their implementation. Bay of Isles Leisure Centre fees will be effective from 1 October 2018 as this allows the Centre time to inform members, change brochures and direct debit set-ups.
There was a workshop with Council during May to go through the proposed changes.
Consultation
Internal consultation with each Department was undertaken in relation to this item.
Financial Implications
Within the 2017/18 budget, fees and charges constituted $9.2m or 25% of the Shire’s operating revenue for the year.
Asset Management Implications
Nil
Statutory Implications
Section 6.16 of the Local Government Act 1995 provides authority for local governments to impose fees and charges when adopting the annual budget.
Fees and charges may be adopted outside of the annual budget but these require prior public advertising before implementation.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
A financially sustainable and supportive organisation achieving operational excellence
Corporate Business Plan 2017/2018 – 2020/2021
Provide responsible resource and planning management for now and the future
Environmental Considerations
Nil
|
a⇩. |
Schedule Fees and Charges 2018/2019 |
|
|
That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2018/19 budget adoption. Voting Requirement Simple Majority |
26 June 2018 Page 71
Policy Review - Human Resources
|
Author/s |
Sarah Walsh |
Coordinator Corporate Support |
|
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D18/13433
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to review the section of the Policy Manual that relates to Human Resources.
Recommendation in Brief
That Council adopt the new Volunteers Management policy and endorse the Human Resources section of the Policy Manual inclusive of amendments, inclusions and deletions as reviewed.
Background
A review of the Council Policy Manual is recommended every 2 years in line with Council elections, to ensure that the Policies are in keeping with community expectations, relevance and current requirements.
Officer’s Comment
The following is a summary of recommended changes to the existing Human Resources Policies. Please refer to Attachment A for details.
|
Policy Name |
New Ref No. |
Recommended Amendment |
|
Motor Vehicles |
HR 001 |
No Change |
|
Staff Entitlements |
HR 002 |
Minor rewording. Include ‘Shire pay for up to 3 counselling sessions’ and allow for 5 RDOs to be accrued. Refer to staff training and travel management practice for travel allowance. |
|
Staff Retention & Recruitment |
HR 003 |
Remove reference to remuneration report and insert reference to enterprise agreement. |
|
Staff Annual and Long Service Leave Management |
HR 004 |
Rewording to make clear. Added point 3 under long service leave. |
|
Recognition of Long-Term Service |
HR 005 |
Changes endorsed by Council 28 November 2017. Res O1117-281. |
|
Equal Opportunity, Harassment & Bullying |
HR 007 |
Minor formatting and rewording |
|
Emergency Volunteer and Reserve Services Leave |
HR 008 |
No change |
|
Jury Duty |
HR 009 |
No change |
|
Occupational Safety & Health |
HR 010 |
No change |
|
Termination of Employment |
HR 011 |
Rewording to read better and include current practices. Minor formatting changes. |
|
Gratuity Payment and Farewell Gifts to Employees |
HR 012 |
Minor formatting |
|
Workplace Drug and Alcohol Use |
HR 014 |
Include employee definition, minor formatting and wording changes. |
|
CEO Performance Review |
HR 015 |
Minor rewording |
|
Volunteer Management |
|
New Policy |
Policy HR 013 – UV and Clothing is excluded from this review as this is currently being revised and will be presented in a subsequent report once the review is completed.
Consultation
Middle Management
Directors
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 s.2.7(2)(b) ‘Determine the Local Government’s policies’
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Community confidence and trust in Council
Provide transparent and accountable leadership
Corporate Business Plan 2017/2018 – 2020/2021
Manage Corporate Support
Environmental Considerations
Nil
|
a⇩. |
Human Resources Policy Review |
|
|
That Council adopt the new Volunteer Management policy and endorse the Human Resources Policies inclusive of amendments, inclusions and deletions as reviewed. Voting Requirement Simple Majority |
26 June 2018 Page 116
Financial Services Report - May 2018
|
Author/s |
Beth O'Callaghan |
Manager Financial Services |
|
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D18/11951
|
a⇩. |
Financial Services Report - May 2018 |
|
|
That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of May 2018 as attached be received. Voting Requirement Simple Majority |
26 June 2018 Page 168
Corporate Business Plan 2018/19 - 2021/22
|
Author/s |
Sarah Fitzgerald |
Corporate Reporting & Governance Officer |
|
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D18/13021
Applicant
Internal
Executive Summary
That Council receive the reviewed Corporate Business Plan 2018/19 - 2021/22. This document has been updated to reflect the operational actions, the projects for the next four years and to ensure alignment with the Strategic Community Plan 2017-2027, updated Long Term Financial Plan and Asset Management Plans.
Recommendation in Brief
That Council adopt and advertise the Corporate Business Plan 2018/19 - 2021/22.
Background
The Corporate Business Plan (CBP) is a part of the Integrated Planning and Reporting Framework and a key operational document that takes into consideration other planning documents including the Strategic Community Plan, Long Term Financial Plan and Asset Management Plans, Operational Plans and Business Unit Plans. The CBP identifies Council priorities and details current services, future operations and major projects expected to be undertaken by the Shire over the next four years. The CBP outlines the operational activities that will be undertaken to achieve the desired outcomes of the Strategic Community Plan.
The current Corporate Business Plan 2017/18 - 2020/21 was adopted at an Ordinary Council Meeting on 23 January 2018 following a significant review. This reiteration was necessary to account for the changes in the revised Strategic Community Plan 2017-2027, endorsed in September 2017. An annual review is undertaken to ensure it retains a high level of relevancy to current community goals and aspirations and recognises the changes occurring in the local and broader environment. The Plans are reviewed annually to ensure they remain up to date, continue to have full integration and provide a framework clearly outlining our current and future activities and resourcing requirements.
Officer’s Comment
The Corporate Business Plan is compliant with the Integrated and Planning and Reporting Framework. Council and Executive staff have been involved in the review of the plan to ensure it is achievable and reflects where the Shire is currently and where it needs to be. The objective of the plan is to activate the goals and aspirations outlined in the Strategic Community Plan.
The review of the Corporate Business Plan involves managers reviewing their Business Unit plans with staff and Directors. These plans, along with briefing sessions held with the Executive Management Team and Council, have informed the review process, including the removal of actions that have been completed, identifying new actions and taking in to consideration any changes in priorities or circumstances that have a direct effect on service delivery while meeting the goals and aspirations of the revised Strategic Community Plan 2017-2027. Considering that the current CBP was adopted by Council six months ago, this year’s review has involved minimal changes with a small number of Actions created and removed. A document outlining the changes made to the document has been attached for Council consideration.
The Actions within the CBP are reported on monthly by staff. Projects and Actions that are a Council priority are published in the monthly Ordinary Council Meeting Agenda and a report containing all the Actions are published quarterly in the Ordinary Council Meeting Agenda.
Consultation
Council
Internal - Business Units
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 (s19DA) outlines what is required of a Corporate Business plan and the requirement to develop asset management, workforce and long term financial plans.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017-2027
All plans are intended to activate the Strategic Community Plan and therefore are intrinsically linked to all the Strategies identified.
Environmental Considerations
N/A
|
a⇩. |
Summary of Changes - Corporate Business Plan Review |
|
|
b⇨. |
Corporate Business Plan 2018/19 - 2021/22 - Under Separate Cover |
|
|
That Council 1. Adopt the Corporate Business Plan 2018/19 – 2021/22 2. Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995. Voting Requirement Absolute Majority |
26 June 2018 Page 174
Adopting the Fencing Local Law 2018
|
Author/s |
Sarah Fitzgerald |
Corporate Reporting & Governance Officer |
|
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D18/13215
Applicant
Internal
Location/Address
N/A
Executive Summary
Following the public comment period, the Fencing Local Law 2018 has undergone minor changes and is ready to be adopted by the Council.
Recommendation in Brief
That Council
1. Adopt the Fencing Local Law 2018 and;
2. Request the Chief Executive Officer under s3.12 of the Local Government Act 1995:
a. To undertake all statutory advertising; and
b. Provide a copy of the local law to the Minister for Local Government and the Minister for Commerce and Industrial Relations.
Background
The review of the Fencing Local Law 2002 was completed in January 2018 and initiated the creation of the Fencing Local Law 2018. At the Ordinary Council Meeting on 27 March 2018 furthered the process by resolving to:
1. Commences the law-making process for the Shire of Esperance Fencing Local Law 2018, the purpose and effect of the local law being as follows:
Purpose: To outline what is considered a sufficient fence, what materials are appropriate and prohibited and the penalties for non-compliance with the Local Law.
Effect: That properties located within the Local Government district meet the requirements of a sufficient fence outlined in this Local Law unless otherwise provided for in the Act, Regulations or other written law.
2. Request the Chief Executive Officer under s3.12(3) of the Local Government Act 1995:
a. To undertake all statutory advertising; and
b. Provide a copy of the proposed local law and public notice to the Minister for Local Government and the Minister for Commerce and Industrial Relations;
And;
3. Request the Chief Executive Officer, after the close of the public consultation period, submits a report to the Council on any submissions received on the proposed local law to enable Council to consider the submissions received and to determine whether the local law be made in accordance with s3.12(4) of the Local Government Act 1995.
The public were invited to make submissions regarding the draft Fencing Local Law 2018 between 6 April and 25 May 2018. The submission period was advertised in the Esperance Express, the West Australian, in Local Government notices boards, on the Shire’s website and social media accounts.
Officer’s Comment
During the submission period the Shire received one (1) submission from the Department of Local Government, Sport and Cultural Industries (the Department). The submission received from the Department was predominately governance based and consisted of a number of minor recommendations that provide more clarity, correct referencing errors and improve formatting. The following table includes the recommendations from the Department’s submission and Officer recommendations that have been incorporated into the Fencing Local Law 2018 for Council’s endorsement.
|
DLGSCI Submission |
Officer Recommendation |
|
1. Contents page It is suggested that the page numbers be removed from the contents page and the corners of the local law. It is possible that these numbers will not be accurate once the local law is published in the Government Gazette. The numbers may also clash with the Gazette’s existing page numbering system. Since the contents page contains the clause numbers and titles, this should be sufficient to assist people to navigate the document. |
Noted. It was decided that the page numbers would remain to keep the document style in line with our newer Local Laws. |
|
2. Use of Australian Standards The Department notes that the local law includes several references to Australian Standards. The Department’s standard advice on the use of Standards is as follows: • The Shire should ensure that the citations for these standards are complete, accurate and up to date. • The definition for AS or AS/NZS should clarify whether people must comply with the Standards “as amended from time to time” or “as published at the time this local law came into operation”. If this isn’t done, it will create uncertainty as to what version of the Standard is applicable at a given point in time. This may create issues if a matter is taken to court. • The Parliament’s Delegated Legislation Committee has expressed concerns about local laws containing Standards, since many of these Standards are not freely accessible. When the Shire makes the local law and provides its supporting material to the Committee, the Shire should include information on where the Shire’s residents can view the relevant Standards or obtain technical advice on how these Standards can be complied with. For example, if the Shire keeps a copy of the Standards at its office or library, this should be mentioned. |
Agreed.
Citations confirmed and updated
The phrase “as amended from time to time” has been added to the definition of AS or AS/NZS in Clause 1.6 Definitions
Under AS or AS/NZS in Clause 1.6 Definitions an additional sentence has been added to state that “These are available for viewing free of charge at the Shire of Esperance Administration Office;” in relation to public access of the standards. |
|
3. Definition of Residential Design Codes In clause 1.6 it is suggested that the definition for Residential Design Codes be changed to the following: Residential Design Codes means the “State Planning Policy 3.1: Residential Design Codes” as prepared by the Western Australian Planning Commission and as amended from time to time; |
Agreed. Definition updated to include “as prepared by the Western Australian Planning Commission and as amended from time to time;” |
|
4. Clause 3.2 – General discretion Clause 3.2(1) states that the local government may consent to the erection or repair of a fence which is otherwise non-compliant with the local law. To avoid confusion, it is suggested that the words “Notwithstanding any other provision in this local law,” be added to the beginning of the subclause. This will make it clear that the discretion in clause 3.2 can overrule other provisions. |
Agreed.
Clause 3.2 has been updated to begin with “Notwithstanding any other provision in this local law,” |
|
5. Review of decisions The Department notes that there is no clause in the local law providing for the review of decisions made by the Shire. The Shire should review the local law and confirm if any review rights should exist. If the Shire intends to grant such rights, the standard clause is as follows: 7.1 Objections and review When the local government makes a decision on whether to grant a consent or approval under this local law, the provisions of Part 9 Division 1 of the Local Government Act 1995, and Regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision. |
Agreed.
Created Part 7 Right of Review and Clause 7.1 Right of Review as follows When the local government makes a decision on whether to grant a consent or approval under this local law, the provisions of Part 9 Division 1 of the Local Government Act 1995, and Regulation 33 of the Local Government (Functions and General) Regulations 1996, apply to that decision. |
|
6. Height restrictions in Schedules The local law currently mentions height restrictions in item 6 of Schedule 1 and item 3 of Schedule 3. The Department notes that Schedule 1 and 3 only defines what constitutes a sufficient fence. This means a person won’t need to follow those restrictions if they obtain sufficient consent from their neighbours in accordance with clause 2.1(1). The Shire should ensure that this outcome reflects the Shire’s intentions. |
Noted. Subclause 2.1.1 adjusted to read written consent in place of agreement and “and the Shire” inserted after “adjoining properties” |
|
7. Minor edits The following minor edits are suggested: • Contents page – - Insert entries for the three Schedules. - In the entry for clause 4.3, change “electrified” to “electric”. • Clause 1.1 – The citation title of the local law should be in italics. • Clause 1.2 – The phrase “Government Gazette” should be in italics. • Clause 1.3 – The citation titles of the repealed local laws should be in italics. • Clause 1.5 – - After “s.6.16” add “to 6.19” - Remove the italics from “Act”. • Clause 1.6 – In the definitions, paragraphs should be indicated with closed brackets rather than half brackets. • Clause 2.1 - - In subclause (2) – Replace “clauses 3 and 4” with “subclauses (3) and (4)”. - In subclause (4) – Replace “clause 3” with “subclause (3)”. • Clause 4.1(1) – Replace “the Schedules” with “clause 2.1”. • Clause 4.2 – Replace “clause 3” with “subclause (3)”. • Clause 4.3(1) – Replace “3014” with “3014:2003”. • Clause 4.3(2)(a) – replace “3016:” with “3016:2002”. • Clause 5.1(4): - Insert a space between “clause” and “12”. - Link the two sentences together by replacing the full stop with “and” or alternatively, move the second sentence to a new subclause. • Remove the capital letters from all instances of “Local Law”. • It is suggested that Schedule titles be formatted on one line and followed by a bracketed reference to the clause in the local law to which it relates. For example: Schedule 1 – Specifications for a sufficient fence on a residential lot (Clause 2.1) |
Noted. All suggestions followed through.
|
Consultation
Development & Statutory Services (internal)
Western Australia Local Government Association
Department of Local Government, Sport and Cultural Industries
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
The statutory implications associated with this item are
· Local Government Act 1995 s3.16
· Local Planning Scheme 24
Policy Implications
If the draft Fencing Local Law 2018 is made as currently proposed it will remove the necessity for policy Man015: Fencing Heights. In which case, the policy will no longer have any effect from the commencement day of the new Local Law.
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Community confidence and trust in Council
Provide transparent and accountable leadership
Corporate Business Plan 2017/2018 – 2020/2021
L1.3 Review the Shires suite of Local Laws
Environmental Considerations
N/A
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a⇩. |
Fencing Local Law 2018 |
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That Council 1. Adopt the Fencing Local Law 2018 and; 2. Request the Chief Executive Officer under s3.12 of the Local Government Act 1995: a. To undertake all statutory advertising; and b. Provide a copy of the local law to the Minister for Local Government and the Minister for Commerce and Industrial Relations. Voting Requirement Absolute Majority |
26 June 2018 Page 192
Appointment of Representatives to Museum Management Reference Group
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Author/s |
Sarah Fitzgerald |
Corporate Reporting & Governance Officer |
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Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D18/13040
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to consider appointing representatives to the Museum Management Reference Group.
Recommendation in Brief
That Council appoints representatives to the Museum Management Reference Group
Background
The Museum Management Reference Group Terms of Reference (ToR) were endorsed at the Ordinary Council Meeting on 27 March 2018. Since then each community group listed on the ToR has been contacted regarding the nomination of a representative. In addition all volunteers were invited to nominate for the volunteer representative position and the community position was advertised in three (3) editions of the Esperance Express between 6 April and 11 May 2018 with nominations closing on the 18 May 2018.
Officer’s Comment
The Museum Management Reference Group is the newly formed Council Committee that supersedes the Esperance Museum Management Committee. Due to the recent formation of the Reference Group all positions are vacant and an Elected Member and Deputy Elected Member need to be nominated to represent Council.
The Shire has received correspondence from the community groups listed in the Terms of Reference that nominates representatives to the Reference Group. The nominated representatives are as follows, Mrs Beverley Drabik representing the Esperance Bay Historical Society, Mrs Daphne Diack representing the Esperance Family History Society and Mr Kevin Young representing Esperance Mechanical Restoration Group.
During the advertised nomination period two (2) applications were received for the vacant positions. Both applicants filled in the community representation nomination and have relevant experience to serve on the Museum Management Reference Group. It was identified on the applicant’s nominations that they currently work at the Museum as volunteers. After discussions with one applicant, Mrs Jennifer Ford who has served as the Museum Archivist since 2005, she indicated that she would like to represent the Museum volunteers. It is being recommended that Mrs Jennifer Ford is appointed as the Museum volunteer on the Reference Group and the remaining nomination fulfills the community representative position. The nominations are attached for Council’s consideration.
Consultation
Nil
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
Local Government Act 1995 s5.10
Policy Implications
Museum Management Reference Group Terms of Reference
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
An organisational and community culture that encourages innovation and embraces change
Proactively lead the community through innovation and change
Corporate Business Plan 2017/2018 – 2020/2021
L3.1 Facilitate Councillors requirements to represent the community
Environmental Considerations
N/A
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a⇩. |
Nomination - Museum Management Reference Group - J.Guest |
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b⇩. |
Nomination - Museum Management Reference Group - J.Ford |
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That Council: 1. Appoint Mr John Guest as the Community Representative on the Museum Management Reference Group. 2. Appoint Mrs Jennifer Ford as the Museum Volunteer on the Museum Management Reference Group. 3. Appoint Cr ___________ as the voting member and Cr __________ as deputy on the Museum Management Reference Group. 4. Appoint the community group representatives to the Museum Management Reference Group as follows: Esperance Bay Historical Society Mrs Beverley Drabik Esperance Family History Society Mrs Daphne Diack Esperance Mechanical Restoration Group Mr Kevin Young 5. Request the Chief Executive Officer advise the representatives of their successful appointment. Voting Requirement Absolute Majority |
26 June 2018 Page 196
Information Bulletin - May 2018
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Author/s |
Alli McArthur |
Trainee Administrative Officer |
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Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D18/11952
Applicant
Internal
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Work together to enhance trust participation and community pride
Actively engage and communicate with the community to ensure informed decision-making
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a⇩. |
Information Bulletin - May 2017 |
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b⇩. |
Register - Delegations Discharge - Corporate Resources |
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c⇩. |
Interplan Report - May 2018 |
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d⇨. |
RCAWA Minutes - 12 April 2018 - Under Separate Cover |
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e⇩. |
Appreciation Letter - Corangamite Shire - Fire Relief Donation |
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f⇩. |
Appreciation Letter - Tourism Esperance Inc - New Visit Esperance Website |
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That Council accepts the Information Bulletin for May 2018 and; 1. Register - Delegations Discharge - Corporate Resources 2. Interplan Report - May 2018 3. RCAWA Minutes - 12 April 2018 4. Appreciation Letter - Corangamite Shire - Fire Relief Donation 5. Appreciation Letter - Tourism Esperance Inc - New Visit Esperance Website Voting Requirement Simple Majority |
26 June 2018 Page 231
Minutes of Committees
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Author/s |
Alli McArthur |
Trainee Administrative Officer |
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Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D18/11953
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a⇩. |
Jetty Replacement Working Group - 8 May 2018 |
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b⇩. |
Off Road Vehicle Working Party - 10 May 2018 |
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c⇩. |
Esperance Roadwise Committee - 14 May 2018 |
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That Council receive the following unconfirmed committee minutes: 1. Jetty Replacement Working Group - 8 May 2018 2. Off Road Vehicle Working Party - 10 May 2018 3. Esperance Roadwise Committee - 14 May 2018 Voting Requirements Simple Majority
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26 June 2018 Page 250
Off Road Vehicle Working Group - 10 Mile Beach Access Closure
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Author/s |
Jason Rhodes |
Manager Parks and Enviroment |
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Authorisor/s |
Mathew Walker |
Director Asset Management |
File Ref: D18/14081
Applicant
Shire of Esperance
Location/Address
10 Mile Beach
Executive Summary
For the Off Road Vehicle Working Party to review the formal public comments received in relation to the proposed closure of vehicle access tracks onto 10 Mile beach and provide a final recommendation to Council
Recommendation in Brief
Officer’s recommendation
1. Do not proceed with the proposed closure of beach access tracks along Twilight Beach Road between 10 Mile Beach carpark and 11 Mile Beach carpark.
2. Undertake an assessment of the current beach access tracks between the 10 Mile Beach and 11 Mile Beach carparks with a view to rationalising the number of existing tracks.
Background
At the 13th June 2016 meeting of the Off Road vehicle Working Group the group recommended to Council;
1. That a media release is developed advising the public of Councils intention to close beach access tracks off Twilight Beach Road between the 10 Mile Beach carpark and the 11 Mile Beach carpark access road with the objective of restricting vehicle access onto the beach so as to make the beach between 10 Mile Beach carpark and 11 Mile beach carpark a vehicle free beach.
This was subsequently endorsed at the Council Ordinary Council Meeting on 26th July 2016.
Officer’s Comment
A media release was advertised on the 27th August 2017 seeking formal comment from the public in relation to the potential closure of vehicle access to 10 Mile beach. Public comment was open for a period of 21 days in which time Council received 7 formal responses, 3 in favour of the potential closure and 4 against the potential closure.
Overview of the public comments received;
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Name |
For/Against |
Comments |
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Kole Wittorf |
For |
Regular user of the beach who has observed irresponsible driving behaviour on the beach, conflicts between free beach users and vehicles and is concerned about the continued degradation of vehicle access tracks |
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Gillian White |
For |
Has a concern over the conflict between pedestrian and vehicle users; however states the no vehicle rule would need to be enforced which would be difficult due to the beach not being a Shire managed reserve. |
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Lawrence Cruickshank |
For |
A regular user of the beach who has concerns with irresponsible driving behaviour on the beach, conflicts between free beach users and vehicle users and the ongoing environmental impacts on the area associated with ORV use. |
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Stephanie Carpenter |
Against |
Regular user of the beach (not by 4wd) who does not believe there is any conflict between pedestrian and vehicle users at this beach. |
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Lorri Western |
Against |
Believes the proposed closure will just create more environmental damage as people will just push more tracks through. |
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Nevina Zadow |
Against |
Regular user of the free beach who feels much safer being able to take her vehicle onto beach |
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David Synnot |
Against |
Regular user of the beach who says it is great spot to be able to take his young family as it is safe and he does not believe there is any conflict between pedestrian and vehicle users. |
The Coastal Management Plan only recommends closing access to 10 Mile Beach if conflicts with other beach users become apparent.(EM7) Given the small number of responses received it is difficult to clearly determine if there is an issue between pedestrian and vehicle users at 10 Mile Beach.
As the beach between 10 Mile and 11 Mile is an unmanaged reserve the Shire has no authority to control activities on the reserve, therefore making it very difficult to enforce any proposed closure. Any proposed closure also has the potential to create further environmental damage in the area if new tracks are pushed through to access the beach.
Given the small number of submissions received, the environmental concerns mentioned above and that there is slim majority in favour of keeping vehicle access to 10 Mile Beach. It is proposed that vehicle access to 10 Mile Beach is maintained and the Shire look to rationalise the tracks that lead down to the beach.
Consultation
Media release asking for public comment, submissions being considered as part of this report.
Financial Implications
To be considered later.
Asset Management Implications
N/A
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Natural Environment
A community that values and protects our natural environment while recognising Esperance’s diverse environment includes the coast, Recherché Archipelago, Wetlands and the Greater Western Woodlands
Develop community awareness of environmental opportunities, challenges and impacts
Environmental Considerations
The environmental considerations arising from this report are related to the sustainable use of our natural environment.
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a⇩. |
Public Comment - Closure 10 Mile Beach Access |
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That Council: 1. Do not proceed with the proposed closure of beach access tracks along Twilight Beach Road between 10 Mile Beach carpark and 11 Mile Beach carpark. 2. Undertake an assessment of the current beach access tracks between the 10 Mile Beach and 11 Mile Beach carparks with a view to rationalising the number of existing tracks. Voting Requirement Simple Majority |
26 June 2018 Page 266
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
26 June 2018 Page 267
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.
0117-18 Prequalified Supplier Panel - Traffic Management
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).
Proposed Landfill
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).
Proposed Notice - Local Government Act 1995 - Disused Materials and Rubbish - West Beach area
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).
Proposed Direction Notice - Planning and Development Act 2005 - Pink Lake Area
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).
Esperance Seafront Caravan Park Masterplan
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).
Residential Land Tender
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)).
