16 May 2019
Shire
of Esperance
Ordinary
Council
NOTICE OF MEETING AND AGENDA
An Agenda Briefing Session of the Shire of Esperance will
be held at Council Chambers on 21 May 2019 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 28 May 2019 commencing at 4pm to consider
the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
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.
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
Agenda Briefing ¨
Ordinary Council Meeting ¨
Both Meetings ¨
Name of Person Declaring the Interest:
Position:
Date
of Meeting:
This form is provided to
enable members and officers to disclose an Interest in the matter in accordance
with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act
and Local Government (Administration) Regulation 34C.
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Interest
Disclosed
 Item
No:
 Subject:
Nature of Interest:
Type of Interest:
Financial
Proximity
Impartiality
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Interest
Disclosed
 Item
No:
 Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Interest Disclosed
Item
No:
Subject:
Nature of Interest:
Type of
Interest:
Financial
Proximity
Impartiality
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Signature: Date:
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Office Use Only:
 Entered
into interest Register:
Officer
Date
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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.
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 28 May 2019
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
Miss
A McArthur Administration
Officer – Executive Services
Members
of the Public & Press
3. APOLOGIES & NOTIFICATION OF GRANTED
LEAVE OF ABSENCE
4. APPLICATIONS FOR LEAVE OF ABSENCE
5. ANNOUNCEMENTS BY THE PERSON PRESIDING
WITHOUT DISCUSSION
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations
of Financial Interests – Local Government Act Section 5.60a
6.2 Declarations
of Proximity Interests – Local Government Act Section 5.60b
6.3 Declarations
of Impartiality Interests – Admin Regulations Section 34c
7. PUBLIC QUESTION TIME
8. PUBLIC ADDRESSES / DEPUTATIONS
9. Petitions
Nil
10. CONFIRMATION OF MINUTES
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That
the Minutes of the Ordinary Council Meeting of the 23 April 2019 be confirmed
as a true and correct record.
Voting Requirement Simple Majority
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11. DELEGATES’ REPORTS WITHOUT
DISCUSSION
Elected
Member Attendance 2018-19
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Agenda Briefing Sessions (10)
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Ordinary Council Meetings (10)
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Special Council Meetings (3)
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Annual Electors Meeting (1)
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Shire President
Cr Victoria Brown
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9
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9
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3
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1
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Deputy President
Cr Natalie Bowman
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9
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9
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3
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1
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Cr Lara McIntyre
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10
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10
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3
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1
|
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Cr John Parsons
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10
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9
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3
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1
|
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Cr Ron Padgurskis
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9
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8
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3
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1
|
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Cr Basil Parker
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10
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10
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3
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1
|
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Cr Dale Piercey
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8
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8
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2
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1
|
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Cr Steve McMullen
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9
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9
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2
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1
|
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Cr Shelley Payne
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4
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8
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1
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0
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12. MATTERS REQUIRING A DETERMINATION OF
COUNCIL
12.1 External Services
Item: 12.1.1
Development Application
- Telecommunications Infrastructure - Lot 100 Downes Street, Pink Lake
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Author/s
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Richard Hindley
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Manager Strategic Planning & Land Projects
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Peter Wilks
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Senior Planning Officer
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Authorisor/s
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Terry Sargent
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Director External Services
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File Ref: D19/9404
Applicant
Visionstream Pty Ltd on behalf of Telstra Corp Pty Ltd
Location/Address
Lot 100 Downes Street, Pink Lake
Executive Summary
For Council to consider an application for a
Telecommunications Infrastructure located at Lot 100 Downes Street, Pink Lake.
Recommendation in Brief
That Council approve development application 10.2018.3995.1
for a Telecommunications Infrastructure at Lot 100 Downes Street, Pink Lake
subject to conditions.
Background
Visionstream Pty Ltd has been
appointed by Telstra Corp Pty Ltd for the development of a Telecommunications
Infrastructure at Lot 100 Downes Street, Pink Lake. It should be noted that
Telstra Corp Pty Ltd will lease the portion of the site of the proposed tower.
The site of the proposed tower is approximately 380 metres from residential
properties in the Princess Street/Downes Street residential area. The proposed
development (Attachment A) includes a 41.4 metre high tower, outdoor cabinets
and fencing.
The subject site is a Rural
Residential zoned lot, with an area of 3.57ha that is accessed from Downes
Street. The site is partially vegetated and features an existing Single
Dwelling and ancillary structures which will remain on site.
Under Local Planning Scheme No. 24
(LPS 24), 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 were received during the
advertising period (Attachment D).
According to the report (Attachment
B) provided by Visionstream 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
0.22% of the maximum allowable exposure limit at a distance of 243 metres from
the tower with the amount decreasing with distance to 0.11% at a distance
between 400 to 500 metres from the tower. This is substantially less than 1% of
the maximum allowable exposure limit. A copy of this report is attached to this
report (Attachment C).
Development Application 10.2018.3995.1 for Telecommunications
Infrastructure at Lot 100 Downes Street, Pink Lake was initially considered by
Council at
its Ordinary Council Meeting on 26 March 2019 where it resolved (O03189-016):
That Council:
1. Lay
Development Application 10.2018.3995.1 on the table.
2. Invite
Visionstream and Telstra to provide a briefing to Council and the community.
3. Bring
the item back to Council for consideration after a briefing to Council and the
community has occurred.
As a result of the resolution a meeting was held with
interested parties and Telstra on the 17 April 2019.
Officer’s Comment
The proposal is assessed against the relevant criteria of
Clause 67 of the Deemed Provisions of the Scheme in the table below.
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Cl. 67 Deemed Provisions - Criteria
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Officers Response
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Compatibility of use / development
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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 developed to a high density, however
there are seventeen rural residential properties, two residential properties,
part of the Esperance Senior High School reserve and a number of aboriginal
and water corporation reserves within 400 metres of the proposed tower
location. Due to this low density the proposed use of the site is seen as
being compatible with the surrounding area.
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Effect on the natural environment
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The site is a Rural Residential zoned lot that has been
mostly cleared (approximately 80%). As the proposed development represents a
maximum area to be cleared of 108m2 on a 35,665m2
block, the environmental impact is minimal.
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Preservation of amenity of locality.
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The proposed development is located approximately 680
metres from Pink Lake Road, 380 metres from the nearest residential lots
along Downes Street and 35 metres from the nearest Rural Residential site on
Downes Street. Eight dwellings are within 300 metres. This proximity
means that there will be some impact due to the structure, largely from
impact on visual amenity.
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Effect of location, height, bulk, scale, orientation and
appearance of proposal
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The surrounding land is zoned either Rural Residential or
Reserve – Infrastructure 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 relative isolation
of the proposed site and the distance from established residential areas,
however some properties will still be affected by loss of visual amenity due
to proximity to the proposal.
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Adequate access, egress, loading, unloading, manoeuvring
and parking of vehicles
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The applicant will be responsible for the provision of
vehicular access to and from the site.
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Traffic generated by proposal and effect on traffic flow
and safety
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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 Telstra 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.
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Public utilities
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The facility will be
connected to the Horizon Power network along Downes Street. There are no
other service requirements for the facility and there is no waste (water,
rubbish etc.) generated by the facility.
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Impact on community as a whole
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The impact of the development as a whole notwithstanding
the impact of the development of particular individuals. Based on this the
improved capacity of the 4G mobile network has a positive impact on the wider
community through the provision of improved 4G mobile capacity for the
Telstra Network
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The facility has been strategically sited and designed to
minimise visual impact on the surrounding environment as much as practicable,
largely through taking advantage of existing vegetation for screening purposes.
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 pertinent to address the broad issues as they relate to the assessment of
the application
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Issue
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Comment
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Visual Amenity
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Numerous SAT determinations have dismissed this where it
has formed a ground of refusal.
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EME Radiation
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Radiation is controlled by the Australian Radiation and
Nuclear Safety Agency (APANSA). Based on their standard the radiation of the
tower peaks at 0.22% of 100% of the public safety limit. The Shire has no
control over this.
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Height of Development
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Schedule 1 Clause 35.(b) of Local Planning Scheme No. 24
exempts ‘Telecommunications Infrastructure’ from the height
limits of the Scheme except within SCA8. As this proposal is not in SCA8
there is no height limit mandated.
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Impact on property value
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This is not a valid
planning consideration.
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It is considered that the proposal will provide an important
community benefit by improving 4G capacity over the Esperance Townsite
resulting in greatly improved mobile phone coverage within the local area.
It should also be noted that although the application report
(Attachment B) supplied identifies the Principal Designated Use of the site as
‘Rural’ as well as the rural nature of the site the application is
assessed under its ‘Rural Residential’ zoning and the relevant
Scheme provisions.
During the community meeting with Telstra Representatives it
was noted that the headframe of the tower can be changed to circular headframe
(from the proposed triangular headframe). The circular headframe is considered
to have a lesser visual impact although it should be noted that the difference is
minor in the context of the 41.4m overall height of the tower and antennas.
If Council wish to pursue this option the first condition in
the officer’s recommendation should be amended to read:
Development shall be carried out and
fully implemented (with a circular headframe in lieu triangular headframe) 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).
Comment was also raised with relation to locating the tower
on reserved land, in particular the Water Corporation bore site adjacent the
subject site as well a Tjaltjraak managed reserve in the vicinity of the
subject site. In the case of reserve land the relevant management body is
required to surrender a portion of their reserve and the State will enter into
a lease agreement directly with the telecommunications provider. This provides
no return to the agency or group that had the management of the reserve and
would significantly delay improvements to Esperance’s mobile
telecommunications. In the case of the Water Corporation bore site Council are
required to assess the proposal as lodged.
A recent “Today Tonight” article dealt with a 25m
Optus Tower in the City of Joondalup. The Council refused the development and
Optus Mobile Pty Ltd took the matter to the State Administrative Tribunal
(SAT). Optus chose to withdrawn the application it should be noted that SAT
only determined the withdrawal of the proceedings (DR146/2018). The article also
identified that including this application the previous 9 referrals to SAT for
Mobile Phone Towers have resulted in the towers being approved. There is no
reason to believe this matter could be defended successfully in SAT.
Options
Option 1
That Council approve Development Application 10.2018.3995.1
for Telecommunications Infrastructure at Lot 100 Downes Street, Pink Lake
subject to conditions.
This is the officer’s recommendation for the reasons
outlined in this report.
Option 2
Lay the matter on the table to allow investigation of the
collocation of the Telecommunications
Infrastructure on Lot 8
Downes Street being the Water Corporation bore site.
This is not a recommended course of action as Council are
required to consider the application as lodged by the proponent.
Option 3
That Council refuse Development Application 10.2018.3995.1
for Telecommunications Infrastructure at Lot 100 Downes Street, Pink Lake.
This is not a recommended course of action for the reasons outlined in this
report.
Consultation
Five objections to the proposal 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 Attachment D.
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Objector & Summary of Issues
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Response
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Lot 5 (87) Downes Street, Pink Lake
· Visual Amenity
· Interference with existing Tourism
activities on property.
· Proximity to Dwellings.
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· It is acknowledged that the
proposal will have an impact on visual amenity due to its proximity to other
Rural Residential properties and the height of the structure. The impact on
visual amenity may be ameliorated somewhat by the presence of vegetation in
proximity that may partially screen the proposal, but some impact will
remain.
· It is unknown what, if any, impact
the proposed telecommunications infrastructure will have on the tourism
related activities undertaken on Lot 5 (87) Downes Street, Pink Lake.
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Lot 94 (8) Downes Street, Pink Lake
· Health concerns regarding
Electromagnetic Radiation.
· Proximity to Dwellings.
· Reduction in Property Values.
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· The applicant has provided an
Environmental Electronic Magnetic Radiation Report that indicates that the
proposal will only generate at most 0.22% of ARPANSA (Australian Radiation
Protection and Nuclear Safety Agency) maximum public exposure limit.
· It is acknowledged that the
proposal will have an impact on visual amenity due to its proximity to other
Rural Residential properties and the height of the structure. The impact on
visual amenity may be ameliorated somewhat by the presence of vegetation in
proximity that may partially screen the proposal, but some impact will
remain.
· Potential impact on property values
is not a valid planning consideration.
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Lot 16 (97) Downes Street, Pink Lake
· Proximity to Dwellings and School.
· Impact on visual amenity.
· Health concerns.
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· The applicant has provided an
Environmental Electronic Magnetic Radiation Report that indicates that the
proposal will only generate at most 0.22% of ARPANSA (Australian Radiation
Protection and Nuclear Safety Agency) maximum public exposure limit.
· It is acknowledged that the
proposal will have an impact on visual amenity due to its proximity to other
Rural Residential properties and the height of the structure. The impact on
visual amenity may be ameliorated somewhat by the presence of vegetation in
proximity that may partially screen the proposal, but some impact will
remain.
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Lot 363 (113) Downes Street, Pink Lake
· Health Concerns/Exposure to
Electromagnetic Radiation.
· Impact on character of the
area/visual amenity.
· Reduction in Property Values.
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· The applicant has provided an
Environmental Electronic Magnetic Radiation Report that indicates that the
proposal will only generate at most 0.22% of ARPANSA (Australian Radiation
Protection and Nuclear Safety Agency) maximum public exposure limit.
· It is acknowledged that the
proposal will have an impact on visual amenity due to its proximity to other
Rural Residential properties and the height of the structure. The impact on
visual amenity may be ameliorated somewhat by the presence of vegetation in
proximity that may partially screen the proposal, but some impact will
remain.
· Potential impact on property values
is not a valid planning consideration.
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Lot 4 Cherry Well Road, Pink Lake
· Health Concerns/Exposure to
Electromagnetic Radiation.
· Impact on character of the
area/visual amenity.
· Reduction in Property Values.
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· The applicant has provided an
Environmental Electronic Magnetic Radiation Report that indicates that the
proposal will only generate at most 0.22% of ARPANSA (Australian Radiation
Protection and Nuclear Safety Agency) maximum public exposure limit.
· It is acknowledged that the
proposal will have an impact on visual amenity due to its proximity to other
Rural Residential properties and the height of the structure. The impact on
visual amenity may be ameliorated somewhat by the presence of vegetation in
proximity that may partially screen the proposal, but some impact will
remain.
· Potential impact on property values
is not a valid planning consideration.
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Several objections also commented on the ‘inappropriate
location’ of the proposed telecommunications infrastructure. Telecommunications Infrastructure is
an ‘A’ use under Local Planning Scheme No. 24, ‘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.
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 (2016, WASAT 61) made the following comments:
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.
It should be noted that this was on a lot zoned ‘Rural
Residential’ approximately 4 kilometres to the south-west of the Albany
town centre.
A similar proposal in the City of Swan (on Rural Residential
zoned land) was also reviewed by the State Administrative Tribunal (2016, WASAT
137) with the outcome being the refusal was overturned and approval issued
subject to conditions.
Financial Implications
Application fees totalling $480.00 were received as part of
this application.
If the development application is refused, either through the
proponent taking a deemed refusal due to laying the matter on the table or the
development application being refused, there are significant financial risks to
the Shire in defencing an appeal at SAT.
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are:
· Planning and Development Act 2005
· Local Planning Scheme No. 24
· 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
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
Attachments
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a⇩.
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Plans
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b⇨.
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Application Report - Under
Separate Cover
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c⇩.
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Electromagnetic Radiation (EME)
Report
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d⇩.
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Objections
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Officer’s Recommendation
That Council approve Development
Application 10.2018.3995.1 for Telecommunications Infrastructure at Lot 100
Downes Street, 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.
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
|
Item: 12.1.2
Treatment
of Organic Waste via 3rd Bin System
|
Author/s
|
Scott McKenzie
|
Manager Council Enterprises
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D19/11017
Applicant
Internal
Location/Address
Not applicable
Executive Summary
To allow Council to make an informed decision
regarding the possible introduction of a 3rd kerbside bin system and
the processing of organic waste to increase the diversion of MSW waste to
approximately 51%.
Recommendation in Brief
That Council Direct the CEO to:
1. Commence planning for
the introduction of a 3rd bin system for FOGO waste and processing
via composting early in the 20/21 financial year
2. Actively pursue grant
funding to assist with the required capital outlay, and
3. Submit applications to
The Department of Water and Environmental Regulation for works approval. and
licences to operate a composting facility.
Background
The Shire has, for a number of years, been undertaking
research and planning with regard to the potential to improve our current waste
management practices in order to achieve more sustainable outcomes. A
range of reports and studies have been prepared to assist in determining the
most viable and feasible options to meet the communities and future waste management
needs.
A key decision making document is the Shire’s
Strategic Waste Management Options Report which was originally developed in
2013 and updated in 2016. A key recommendation was that the Shire further
progress an organics recycling program to increase the diversion of waste from
landfill.
Another key decision making document is the Community
Waste Strategy 2018-2023 which sets waste diversion targets with the aim of
improving the rate of diversion of Municipal Solid Waste (MSW) from landfill
from the current 19% to 45% by 2020 and 55% by 2025.
Prior to the publication of the Community Waste
Strategy 2018-2023, the Shire released an Expression of Interest (EOI) inviting
organisations to propose resource recovery initiative or options that could be
feasibly adopted by the Shire to help us achieve our landfill diversion
targets. Unfortunately, there was not an organization able to provide
this option, and so Council chose to terminate this process, finalise the
Community Waste Strategy and develop a Business Case and Implementation Plan
(The Business Case) for the processing or organic waste via composting.
The EOI process also highlighted that waste to energy
options for Esperance’s volume and composition of waste is not currently
viable.
The Business Case has been prepared to gain an
understanding of how an organics service could function along with identifying
the associated risks, opportunities and costs.
The WA State Government recently released the Waste
Avoidance and Resource Recovery Strategy 2030 (WARR Strategy) as an update to
the State Waste Strategy 2012. The WARR Strategy includes a strategy for
‘a consistent three bin kerbside collection system, which includes
separation of food organics and garden organics (FOGO) from other waste categories,
to be provided by all local governments in the Perth and Peel region by
2025’.
The WARR Strategy also includes a diversion from
landfill target for major regional centres of 50% for MSW by 2020 and 55% by
2025. These two targets are very close to the Shire’s previously
adopted Community Waste Strategy. Esperance is not defined as a
“Major Regional Centre” within the WARR Strategy, however that is
no reason to disregard those targets.
There are numerous examples of regional and larger
Shire’s successfully undertaking FOGO recovery via composting within the
Business Case and Implementation Plan report.
Officer’s Comment
The Business Case has been prepared in order to give
Council enough information on the viability of the process to make a decision
to continue planning for the introduction of a FOGO service for
Esperance. There is still a significant amount of work required in
obtaining grants, works approval and licences, environmental investigations and
siting.
The Business Case highlights that the approximate cost
of landfill is $100 per tonne and the estimated net cost to process organics
via composting is $90 per tonne. The introduction of a FOGO system is
expected to increase the diversion of MSW in Esperance from 19% to 51% (an additional
3,504 tonnes per annum diverted from landfill), therefore meeting the
self-imposed target for 2020.
The intention is for Council to commit to planning for
the introduction of a FOGO service within the 2020/21 financial year, and,
unless there is a fatal flaw identified, undertake planning and design works
and source grant funds during the 2019/20 financial year.
The recommendation within the Business Plan is for a
FOGO service that includes the following;
· Residential households and commercial
households,
· FOGO collections on a weekly basis
and refuse/recycling on an alternate fortnightly basis,
· Organics processed by either an
aerated static pile or in-vessel composting system,
· Converting all bin lids to the
Australian Standard colours (Recycling – Yellow, FOGO – Lime Green
and Residual Waste – Red),
Further details regarding bin sizes, location of the
facility, opt in or mandatory 3rd bin etc would be determined
throughout the planning stages in consultation with Council and the
community.
Consultation
Community Waste Acton Group
Internal Managers
Financial Implications
In order to provide the required staff resources to undertake
the required planning, design, grant funding and licence approval works it is
intended to redeploy the Waste Management Supervisor into a project management
role and backfill her position with a casual general hand from 1st
July 2019. This cost will be largely off-set by efficiency gains that have
already been introduced
Going forward, the start-up costs with regard to composting
FOGO waste have been estimated by staff to be up to approximately $1.5M. The
instigation of a FOGO Composting system is currently included within the Long
Term Financial Plan, however this allocation is $600,000.
Over the next twelve months, staff will be investigating the
likelihood of grant funding from Building Better Regions and the Community and
Industry Engagement program, amongst others to lower the net cost of
implementing composting.
There is expected to be a cost impact on the Long Term
Financial Plan, however with so many variables involved, the exact impact is
yet to be determined.
Asset Management Implications
Nil at present. Information relating to asset
management implications will be presented to Council during the decision making
process when there are asset management implications.
Statutory Implications
The introduction of a composting facility that
composts greater than 1,000 tonnes per annum would require a works approval and
licence from the Department of Water and Environmental Regulation. The
Shire would also need to undergo a tender process for any expenditure over
$150,000 as per the Local Government (Functions and General) Regulations
1996.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Natural Environment
A community that
empowered and motivated to minimise waste
N3 Targeted reduction of
waste with an emphasis on resource recovery and waste minimisation
Corporate Business Plan 2017/2018 – 2020/2021
N3.1 Manage Waste and Recycling Services
Environmental Considerations
There are many positive environmental benefits involved in
composting FOGO waste including the following;
· Diversion of approximately 3,504
tonnes per annum of waste from landfill,
· A reduction in methane production
from the landfill,
· Reduced volume and complexity of
leachate,
· Reintroduction of nutrients into the
local area that would otherwise have been landfilled, and
· Generating a useful product from FOGO
waste.
Attachments
|
a⇨.
|
Organics Business Case and
Implementation Plan - Under Separate Cover
|
|
|
Officer’s Recommendation
That Council direct the CEO to:
1. Commence
planning for the introduction of a 3rd bin system for FOGO waste
and processing via composting early in the 20/21 financial year
2. Actively
Pursue grant funding to assist with the required capital outlay, and
3. Submit
applications to The Department of Water and Environmental Regulation for
works approval and licences to operate a composting facility.
Voting Requirement Simple Majority
|
Item: 12.1.3
Nomination
for Membership of the Youth Advisory Council
|
Author/s
|
Trevor Ayers
|
Manager Community & Economic Development
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D19/11291
Applicant
Daena Selway
Location/Address
N/A
Executive Summary
Following the Youth Week event held towards the end of
April, a nomination to join the Youth Advisory Council was received. There is
currently opportunity on the committee to accommodate this.
Recommendation in Brief
That Council appoint Daena Selway to the Youth
Advisory Council.
Background
The Youth Advisory Council (YAC) most recently ran an
event in late April celebrating Youth Week. This was held at the Skate Park and
included Escare and Esperance Scouts as partners. The even was well attended.
There has been a reasonable turnover of members on the
committee due to tertiary education and training requirements taking a number
of them out of Esperance, which is expected to be ongoing given the target ages
of between 12 and 25. Sarsby Martin tendered her resignation in the last couple
of weeks as she has relocated to Perth to pursue tertiary education
opportunities.
Following the two appointees to the committee at the
last Ordinary Council Meeting (and allowing for the recent resignation) the
Youth Advisory Council currently consists of:
Ellen Timmins (Chair), Dana Sharpe (Deputy-Chair),
Maddilyn McGrinder, Esther Bell, Hannah Lauritsen, Lucy Hart, Eloise Lochowicz
Dean Bonnet, Greta Lauritsen and Hayden McDonald. Cr McMullen and Cr McIntyre
(as deputy) are the elected member representative’s.
Officer’s Comment
The application by Daena will assist in keeping YAC
membership numbers at a viable level. It will still leave four positions
unfilled in the event that further nominations are received.
The committee has been becoming more active in recent
times and ensuring that membership numbers are maintained is important in this
continuing.
Consultation
The nomination has been discussed with existing YAC
members and the Coordinator Community Development and Events, with Daena being
invited the most recent informal YAC meeting, held following the Youth Week
event.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
The statutory implications
associated with this item are contained within s5.8-5.18 of the Local
Government Act 1995.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A resilient and proactive
youth community
Increase participation
and engagement of youth in the community
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Nomination - Youth Advisory Council
- Daena Selway
|
|
|
Officer’s Recommendation
That Council appoint Daena Selway
to the Shire of Esperance Youth Advisory Council.
Voting Requirement Absolute
Majority
|
Item: 12.1.4
Development
Area 3 - Counter Offer Received - Lot 81 Synnot Street
|
Author/s
|
Trevor Ayers
|
Manager Community & Economic Development
|
|
Authorisor/s
|
Terry Sargent
|
Director External Services
|
File Ref: D19/11642
Applicant
Mr D Harvey
Location/Address
Executive Summary
Following the offer by
Council to purchase lots within Development Area 3, a counter offer has been
received from Mr Harvey with regards to Lot 81 Synnot St.
Recommendation in Brief
That Council reject the counter offer of $6,000 made
by Mr Harvey for Lot 81 Synnot St, Sinclair and reiterate the existing Council
offer for all lots in this area of $3,000 plus a waiver of the current
year’s rates and waste levy.
Background
At the December 2016 Ordinary Council Meeting the
following the following was resolved:
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.
Since that date fifteen
(17) lots have been purchased for the consideration offered. This leaves
nineteen (25) lots still owned privately within Development Area 3 (including
the lot owned by Mr Harvey).
Mr Harvey, the owner of
Lot 81 Synnot Street has made a counter offer of $6,000 for his lot (see
attached).
Officer’s Comment
While the Shire of
Esperance can sympathise with the position of the applicant, Council’s
current position is quite straight forward and the offer made has already been
accepted by a significant number of other parties, with the most recent
acceptance of this offer settling last month. Should Council now accept a
counter-offer at a considerably higher price than the settlements that have
already been undertaken it creates potential conflict with both those people
that have recently settled, along with all those people who are yet to respond
to the offer that has been made.
Additionally, there is no
expectation of a short to medium term value to Council from these transactions
and no guarantee of a positive return even in the long-term. The existing offer
has been made purely to provide people who are looking to exit their
landholdings in this area an avenue to do so. Effectively any purchase has a
negative financial impact on Council as it also removes the purchased property
from the rates roll.
Currently there are still
17 separate private owners, who between them own 25 lots, with a number of
these still yet to respond to the communication from late 2016. Due to this any
opportunity to reconsider the sub-division design of this area appears to still
be a long time into the future.
Consultation
Nil
Financial Implications
Any transaction will occur in the new financial year, with
funds being budgeted in that financial year.
Asset Management Implications
Nil
Statutory Implications
Acquisition of land is
covered in section 5.39 of the Local Government Act 1995.
Policy Implications
The policy implications
arising from this report are contained within the Public Land Asset Strategy Policy.
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
A financially sustainable
and supportive organisation achieving operational excellence
Provide responsible
resource and planning management for now and the future
Environmental Considerations
Attachments
|
a.
|
Counter Offer - Confidential
|
|
|
Officer’s Recommendation
That Council reject the counter
offer of $6,000 made by Mr Harvey for Lot 81 Synnot St, Sinclair and
reiterate the existing Council offer for all lots in this area of $3,000 plus
a waiver of the current year’s rates and waste levy.
Voting Requirement Simple Majority
|
12.2 Asset Management
Item: 12.2.1
Disposal
of Toyota HiAce Commuter Bus
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/9480
Applicant
Esperance Care Services Inc.
Location/Address
N/A
Executive Summary
For Council to consider disposal of a 2018 Toyota
HiAce Commuter Bus to Esperance Care Services.
Recommendation in Brief
That Council dispose of the Toyota HiAce Commuter Bus
to Esperance Care Services Inc. as per the offer of $49,750 Ex GST, via a
Public Notice as per section 3.58(3)(a) of the Local Government Act 1995.
Background
Esperance Home Care is in the process of replacing one
of its buses as part of the replacement process the officers need to dispose of
the old 2018 Toyota HiAce Commuter Bus. The bus no longer suits the functional
requirements of Esperance Home Care. Esperance Care Services Inc. approached
the Shire after hearing there may be a possibility to acquire the HiAce as it
would suit their needs, please see attachment A.
Officer’s Comment
Officers considered the request from Esperance Care
Services and thought that it had a substantial community benefit; as set out in
attachment A. Given these reasons officers thought it was worth Council
to consider disposing of the 2018 Toyota HiAce Commuter Bus directly to
Esperance Care Services via a public notice.
As part of the process for disposing property via a
public notice a licensed valuation was obtained, see attachment D, and an offer
received from Esperance Care Services, attachment C. Officers are comfortable
that given the licensed valuation and offer are the same that the disposal of
property is a fair trade and would recommend to Council dispose of the Toyota
HiAce Commuter Bus directly to Esperance Care Services.
Should there be concerns regarding the proposed
disposal, the public notice process will allow community members to make a
submission on the proposed transaction, which is not final until Council has
had an opportunity to considered any submission received via this process.
Consultation
Esperance Care Services
Assetval
Financial Implications
The Shire has received a licenced valuation for the Toyota
HiAce Commuter Bus of $49,750 Ex GST see attachment D. Esperance Care Services Inc. have
offered $49,750 Ex GST for the Toyota HiAce Commuter Bus see attachment C.
Asset Management Implications
Nil
Statutory Implications
Section 3.58 Disposal of Property, Local Government Act 1995
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Active and growing volunteers and community groups that
facilitate and support activities, bringing the community together
encourage and support
volunteers and community groups
Corporate Business Plan 2017/2018 – 2020/2021
L2 Provide responsible resource and planning
management for now and the future
L2.2 Manage Shire Fleet
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Esperance Care Services - Request
to Purchase Toyota HiAce Bus
|
|
|
b⇩.
|
Shire of Esperance - Response to
Request to Purchase Toyota HiAce Bus
|
|
|
c⇩.
|
Esperance Care Services - Offer to
Purchase Toyota HiAce Bus
|
|
|
d⇩.
|
licenced Valuation - 2018 Hiace
Commuter Bus
|
|
|
Officer’s Recommendation
That Council dispose of the Toyota
HiAce Commuter Bus to Esperance Care Services Inc. as per the offer of
$49,750 Ex GST, via a Public Notice as per section 3.58(3)(a) of the Local
Government Act 1995.
Voting Requirement Simple Majority
|
Item: 12.2.2
Tanker
Jetty Deconstruction Methodology
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/11710
Applicant
Internal
Location/Address
Esperance Tanker Jetty
Executive Summary
For Council to consider the advice from the Heritage
Council of WA on the Tanker Jetty deconstruction methodology.
Recommendation in Brief
That Council:
1. Accepts and agrees to the
comments from the Heritage Council of Western Australia correspondence dated 2
May 2019 on the Esperance Tanker Jetty deconstruction methodology; and
2. Allocates funding in the
2019/20 Annual Budget to engage a heritage architect to implement the requested
changes in the deconstruction methodology.
Background
Council awarded a contract, 0006-16 Esperance Tanker
Jetty Demolition, to Crossview Enterprises at a Special Council Meeting on the
8th November 2016. Due to the Stop Work Order and subsequent
Conservation Order, works under the contract were not able to be undertaken.
The Shire’s lawyers have confirmed that there is still a valid contract
and there is no need to re-tender the works, please see advice in attachment A.
In the Heritage Council of WA’s advice to the Shire on the Final Concept
Design of the Replacement Jetty, the Heritage Council requested that a
demolition methodology be provided detailing how maximum lengths of timber and
significant markings would be salvaged. See attachment B.
At the request of the Heritage Council, an updated
deconstruction methodology was requested and provided from the deconstruction
contractor, see attachment C. This methodology was then reviewed by H+H
Architects and a Heritage Impact Statement produced, see attachment D. Advice
on the deconstruction methodology was then sought from the Heritage Council of
WA at their April Council meeting, the advice received is included in
attachment E.
Officer’s Comment
The Shire has received formal advice on the
deconstruction methodology. The comments from the Heritage Council are:
Comment 1:
The deconstruction methodology should
be refined with the following recommended revisions to reduce the risk of
unnecessary movement and damage to adjoining elements.
The comments to refine the mythology are reasonable
and the methodology should be updated to reflect the requested trial of separating
the concrete and the deck and cutting fixings to the stringer. These
refinements should be also included in the watching brief for the heritage
architect.
Comment 2:
A watching brief should be developed
so that the heritage architect is available to provide heritage advice when the
deconstruction works are being undertaken. The watching brief should allow for
the heritage architect to provide direct advice on prioritising elements during
the works.
The watching brief by a heritage architect will help
the Shire maximise the amount and quality of salvaged material from the Tanker
Jetty and will also be able to provide heritage advice during the
deconstruction. The watching brief will also be crucial in implementing
comments 1 and 3 from the Heritage Council.
Comment 3:
A recording of the deconstruction
works should be undertaken by the heritage architect. This should capture
events and decisions made during deconstruction works.
Recording of the deconstruction works has always been
a requirement of the Heritage Council in previous advice received regarding the
deconstruction. The engagement of a heritage architect to undertake this work
will ensure the events and decisions made during the deconstruction will be
recorded to a high standard.
Given these are the only comments from the Heritage
Council; it is recommended that Council accept the advice to enable the
deconstruction to commence. H+H Architects were requested to provide a proposal
and fee estimate on the watching brief to be undertaken by a heritage
architect.
Consultation
Crossview Enterprises
H+H Architects
Heritage Council of WA
Financial Implications
The additional work of the watching brief by a heritage
architect is expected to cost in the vicinity of $40,000 - $50,000. See attachment
F, fee proposal from H+H Architects.
Asset Management Implications
Nil
Statutory Implications
N/A
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
Sustainable, high quality
assets which meet the needs of the community
Maintain the
Shire’s robust asset management practices and maintenance programs
Corporate Business Plan 2018/2019 – 2021/2022
B5.6 Manage Tanker Jetty
Environmental Considerations
Nil
Attachments
|
a.
|
Legal Advice - Demolition Tender
- Confidential
|
|
|
b⇩.
|
Correspondence - Heritage Council -
Final Concept Design
|
|
|
c.
|
Crossview Enterprises -
Deconstruction Methodology - Confidential
|
|
|
d.
|
Heritage Impact Statement -
Deconstruction Methodology - Confidential
|
|
|
e⇩.
|
Correspondence - Heritage Council -
Deconstruction Methodology
|
|
|
f.
|
H+H Architects Architects -
Watching Brief Fee Estimate - Confidential
|
|
|
Officer’s Recommendation
That Council:
1. Accepts
and agrees to the comments from the Heritage Council of Western Australia
correspondence dated 2 May 2019 on the Esperance Tanker Jetty deconstruction
methodology; and
2. Allocates
funding in the 2019/20 Annual Budget to engage a heritage architect to
implement the requested changes in the deconstruction methodology.
Voting Requirement Absolute
Majority
|
Item: 12.2.3
Tanker
Jetty Replacement Process
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/11869
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to consider the Tanker Jetty Replacement
process set out by the Department of Planning, Lands and Heritage and to
consider delegating the required actions to the CEO subject to the Minister for
Heritage issuing a Section 64 permit under the Heritage of Western Australia
Act 1990
Recommendation in Brief
That Council:
1. Agrees
to and endorses the proposed necessary next steps for progressing the
replacement of the Esperance Tanker Jetty, as outlined in the correspondence
from the Department of Planning Lands and Heritage, dated 13 May 2019, subject
to the Minister for Heritage issuing a Section 64 permit under the Heritage
of Western Australia Act 1990 by the 30 June 2019; and
2. Authorises the Chief
Executive Officer to negotiate and execute the necessary licences, agreements,
requests and other legal instruments necessary to enact the above point,
subject to no material impact to the replacement jetty project, endorsed design
or budget.
Background
Since a Conservation Order was placed on the Jetty on
the 19th December 2016, the Shire has been working to satisfy the
requirements to construct a new jetty set out by the Minister of Heritage.
These requirements include a design that is supported by the Heritage Council
of WA, Esperance and wider community and funding for the new Jetty. These
requirements have now largely been met, with funding announced from Building
Better Regions Fund, the public survey of the Draft Concept Design and support
from the Heritage Council of WA for the final concept design.
The Shire President, CEO and Heritage Architect met
with various State Government Departments and Agencies at the Minister for
Heritage’s office on the 12th April 2019 to discuss the required
steps to move forward on the Jetty Project. An agreed process was reached
between all parties on the next steps (subject to Council’s endorsement)
to provide a jetty for the Esperance Community; now documented in the letter
from the Department of Planning, Lands and Heritage, see attachment A. During
the meeting Shire representatives were advised that due to recent legislative
changes, ownership of the Tanker Jetty has now been clarified, with Southern
Ports being the responsible agency.
Officer’s Comment
The agreed process by the relevant State Government
departments and agencies is set out in the letter from Department of Planning,
Lands and Heritage. The steps are reliant on a Section 64 Permit under the Heritage
of Western Australia Act 1990 being issued by the Minister for Heritage, which
will enable the Shire to undertake the deconstruction and construction works.
Essentially, there are four general requirements that
the Shire is required to agree to:
· The Shire agrees to the transfer of
ownership of the Tanker Jetty from Southern Ports to the Shire. This will
enable the Shire to have ownership of all material salvaged from the Tanker
Jetty. This will resolve any ownership concerns and enable the Shire to use the
salvaged historical fabric in the new jetty for interpretation purposes, and
potential distribution to the community of any surplus material.
· The Shire agrees to the Port of
Esperance resurvey that will remove the jetty easement from the port’s
gazetted boundary. This will remove Southern Ports as the responsible entity
over the land and owner of the replacement jetty.
· The Shire requests a Management Order
over the jetty seabed. This will resolve the land tenure and responsibility of
the replacement jetty and give ownership of the new structure to the
Shire. The proposed management order will extend out to cover the
existing dive trail.
· The Shire enters into a jetty licence
for the new structure as required by State Government legislation.
Since the meeting with various State Departments and
Agencies advice has been received indicating there are no barriers (legal or
other) preventing Council from agreeing to the above requirements, see
confidential attachment B.
As there are numerous steps, negotiations, licences
and agreements that are required to progress the construction of the new jetty,
it is recommended Council resolve to delegate to the CEO the steps that are
outlined in the letter from the Department of Planning, Lands and Heritage to
enable this process to be undertaken smoothly. This delegation should be
subject to the Shire receiving a Section 64 permit from the Minister of
Heritage and that there is no material impact to the current project, design or
project budget ($7.5m).
Consultation
Department of Planning, Lands and Heritage
State Heritage Services
Southern Ports
Department of Transport
H+H Architects
Financial Implications
The financial implications arising from this report are
minimal, with small costs for legal fees able to be covered in existing
budgets.
Asset Management Implications
There are no direct asset management implications included in
the process that have not already been accounted for. Resolving the land tenure
and ownership of the replacement jetty will make it clear where any future
responsibility lies.
Statutory Implications
Section 64 of the Heritage of Western Australia Act 1990
enables the Minister for Heritage to grant a permit for work to be undertaken
to a registered heritage site that is covered by a Conservation Order.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
Sustainable, high quality
assets which meet the needs of the community
Maintain the
Shire’s robust asset management practices and maintenance programs
Corporate Business Plan 2018/2019 – 2021/2022
B2.1 Plan for and Seek funding for Esperance
Waterfront Stage 3 – New Esperance Jetty
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Correspondence - DPLH - Esperance
Tanker Jetty - Next Steps
|
|
|
b.
|
Legal Advice - Esperance Tanker
Jetty - Confidential
|
|
|
Officer’s Recommendation
That Council:
1. Agrees
to and endorses the proposed necessary next steps for progressing the
replacement of the Esperance Tanker Jetty, as outlined in the correspondence
from the Department of Planning Lands and Heritage, dated 13 May 2019,
subject to the Minister for Heritage issuing a Section 64 permit under the Heritage
of Western Australia Act 1990 by the 30 June 2019; and
2. Authorises
the Chief Executive Officer to negotiate and execute the necessary licences,
agreements, requests and other legal instruments necessary to enact the above
point, subject to no material impact to
the replacement jetty project, endorsed design or budget.
Voting Requirement Absolute
Majority
|
12.3 Corporate Resources
Item: 12.3.1
Financial
Services Report - April 2019
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/10083
Attachments
|
a⇩.
|
Financial Services Report - April
2019
|
|
|
Officer’s Recommendation
That the report entitled Monthly
Financial Management Report (incorporating the Statement of Financial
Activity) for the month of April 2019 as attached be received.
Voting Requirement Simple Majority
|
Item: 12.3.2
Lease
- Multi Sports Pavilion Management Committee
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/10367
Applicant
Esperance Multi Sports Pavilion Management Committee
Incorporated
Location/Address
Portion of Lot 500 Black Street
Executive Summary
For Council to consider entering into a new lease with
the Esperance Multi Sports Pavilion Management Committee Incorporated for the
Multi Sports building and lighting towers located at the Greater Sports Ground.
Recommendation in Brief
That Council agrees to enter into a new lease with the
Esperance Multi Sports Pavilion Management Committee Incorporated for the Multi
Sports building and lighting towers located at the Greater Sports Ground.
Background
Esperance Multi Sports Pavilion Management Committee
Incorporated (Committee) has a current lease over the premises which is due to
expire 30 June 2019.
A request has been received from the Committee asking
to renew the lease for a further 5 years.
This building is currently used by the Softball and
Hockey associations with some casual usage by a local yoga instructor for
classes and school groups who utilise the canteen facility while hiring the
adjacent oval for sporting activities.
Officer’s Comment
This is a land only lease and the Committee is
responsible for all maintenance and repairs to the building and lighting
towers.
Vehicle access to the building is provided to
Committee members via two vehicle access gates for which the Committee has
keys.
The Shire maintains the oval grounds in line with
other grassed areas at the Greater Sports Ground.
Following discussions with Shire Officers it has been
determined that there are no concerns with this proposal being approved by
Council other than including a clause to reinforce that access will only be
through designated gates.
Consultation
Manager Community and Economic Development
Club Development and Events Coordinator
Multi Sports Pavilion Management Committee
Manager Strategic Planning and Land Projects
Financial Implications
Lease preparation fee of $125 Inc GST
Annual rent $110 Inc GST
Asset Management Implications
Nil
Statutory Implications
Land Administration Act 1997 – s18 Crown land transactions
that need Minister’s approval
Local Government Act 1995 – s3.58 Disposing of property
Local government (Functions and General) Regulations 1996 – s30(2)(e) Dispositions of
Property excluded from Act s3.58
Policy Implications
COR004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A variety of accessible
sport and recreation opportunities and activities
Develop and promote
active and passive sport and recreation opportunities for all ages and
abilities
Corporate Business Plan 2017/2018 – 2020/2021
Manager Shire leases and insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Lease Request - Multi Sports
Pavilion Committee
|
|
|
Officer’s Recommendation
That Council, subject to Department
of Lands approval, agrees to;
1. Lease
portion of Lot 500 Black Street to Esperance Multi Sports Pavilion Management
Committee Incorporated;
2. Term
of the lease being 5 years;
3. Lease
preparation fee of $125 Inc GST;
4. Annual
rent being $110 Inc GST; and
5. Inclusion
of a clause to reinforce that vehicle access to the oval and building must
only be through official vehicle access gates.
Voting Requirement Simple Majority
|
Item: 12.3.3
Reconciliation
Action Plan
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/11019
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to endorse the draft Reconciliation Action
Plan.
Recommendation in Brief
That Council endorses the draft Reconciliation Action
Plan.
Background
A motion was put forward at the February 2018 Ordinary
Council Meeting and Council resolved to commence formal discussions with
relevant organisations and the Circle of Elders to achieve an outcome on
aboriginal recognition and a reconciliation plan for the district.
In March 2019, a workshop was held with
representatives from the Shire of Esperance, Tjaltjraak and local Nyungar
Elders present to identify key community aspirations for reconciliation.
Officer’s Comment
A Reconciliation Action Plan (RAP) has been drafted
following the Circle of Elders workshop and discussions with Reconciliation
Australia.
This RAP was created utilising the standard template
provided by Reconciliation Australia and includes the aspirations provided from
the workshop.
It was decided to invite feedback from the two registered
Native Title Corporations for our Local Government area, being the Esperance
Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) and the Ngadju Native
Title Corporation (NNTAC).
The development of a RAP Working Group will allow for
community members to be involved in the implementation of this Reflect RAP and
development of any subsequent RAPs.
Feedback received from ETNTAC has been reviewed and
incorporated into the document where appropriate.
Following various attempts to contact NNTAC, no response has
been received.
Consultation
Esperance Tjaltjraak Native Title Aboriginal Corporation
Ngadju Native Title Corporation
Circle of Elders
Reconciliation Australia
Executive Management Team
Financial Implications
The financial implications arising from this report will be
determined by identifying resources required to implement the required Actions.
Asset Management Implications
Asset Management implications arising from this report will
be determined by resources involved in implementing required Actions.
Statutory Implications
Local Government Act 1995
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Support for all
leadership roles in our community
Encourage shared responsibility
through an informed and inspired community
Environmental Considerations
Any environmental considerations arising from this report
will be identified when implementing required Actions.
Attachments
|
a⇩.
|
Draft Reconciliation Action Plan
|
|
|
Officer’s Recommendation
That Council agrees to
1. Endorse
the draft Reconciliation Action Plan; and
2. Submit
the draft Reconciliation Action Plan to Reconciliation Australia for review
and endorsement.
Voting Requirement Simple Majority
|
Item: 12.3.4
Memorandum of
Understanding - Esperance Volunteer Fire and Rescue Service - Running Track
Training Facility
|
Author/s
|
Sarah Walsh
|
Coordinator Corporate Support
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/11153
Applicant
Esperance Volunteer Fire and Rescue Service
Location/Address
Lot 955 Sims Street, Reserve 9677
Executive Summary
For Council to consider entering into a Memorandum of
Understanding with the Esperance Volunteer Fire and Rescue Service for the
Running Track Facility.
Recommendation in Brief
That Council agrees to enter into a Memorandum of
Understanding with the Esperance Volunteer Fire and Rescue Service for the
Running Track Facility.
Background
The Esperance Volunteer
Fire and Rescue Service (Club) has been operating a fire and rescue training
facility from the premises for many years. It was recently discovered that
there is no formal agreement with the Club for this premises.
The Club has advised that
the Esperance Football Club had provided support for them to be located on the
Reserve in 1996.
The Volunteer Fire and Rescue Services Association of
WA (Inc) were contacted in order to obtain a lease over the premises as the
state body, however this request was declined due to the activity not being
their core business and the state body having little to no control over the
Esperance facility.
Officer’s Comment
The Club are not an incorporated body and as such, a formal
lease agreement with the group is not appropriate and therefore a less formal
agreement is recommended. The Memorandum of Understanding will not be a
comprehensive document, however will identify each party’s
responsibilities with regard to the facility.
The facility was built by and belongs to the Club, and the
Club will remain responsible for all maintenance and repairs to the building
and track.
Following discussion with the Community Emergency Services
Coordinator and Acting Manager Community Support, it is recommended that the
Shire continue to insure the building, however any contents insurance coverage
will be the responsibility of the Club.
Consultation
Community Emergency Services Coordinator
Esperance Volunteer Fire and Rescue Services
Volunteer Fire and Rescue Services Association of WA (Inc)
Director Corporate Resources
Acting Manager Community Support
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995
Policy Implications
COR 004: Building and property leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Active and growing volunteers and community groups that
facilitate and support activities, bringing the community together
encourage and support
volunteers and community groups
Corporate Business Plan 2017/2018 – 2020/2021
Manage Shire leases and insurance
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Esperance Volunteer Fire &
Rescue Service agreement to MOU
|
|
|
b⇩.
|
Correspondence from Volunteer Fire
& Rescue Services WA (Inc)
|
|
|
Officer’s Recommendation
That Council, subject to Department
of Lands approval, agrees to;
1. Enter
into a Memorandum of Understanding with the Esperance Volunteer Fire and
Rescue Services for portion of Lot 955 Sims Street, Reserve 9677; and
2. The
agreement being on a perpetual basis unless terminated upon mutual agreement
between the parties.
Voting Requirement Simple Majority
|
Item: 12.3.5
Schedule
Fees and Charges 2019/2020
|
Author/s
|
Beth O'Callaghan
|
Manager Financial Services
|
|
Authorisor/s
|
Shane Burge
|
Director Corporate Resources
|
File Ref: D19/11326
Applicant
Corporate Resources
Location/Address
Internal
Executive Summary
To present the draft Schedule of Fees and Charges for
2019/2020 for consideration and inclusion within the 2019/2020 draft budget.
Recommendation in Brief
That Council endorse the attached Draft Schedule of
Fees and Charges to be included within the 2019/2020 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 2019/2020 budget. Fees and charges
that are new or have been varied since the 2018/2019 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.
Broadly the fees have increased by 3% in line with the
Long Term Financial Plan.
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
September 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.
As per Council Resolution O0419-052 Waste Collection
charges for 140, 240 and 360 litre bins have reduced by $5-10 annually.
This is due to savings in new contract for waste collection services recently
accepted by Council.
Consultation
Internal consultation with each Department was
undertaken in relation to this item.
Financial Implications
Within the 2018/19 budget, fees and charges constituted $9.3m
or 24% 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
Attachments
|
a⇩.
|
Schedule of Fees and Charges
2019/2020
|
|
|
Officer’s Recommendation
That Council endorse the attached
Draft Schedule of Fees and Charges to be included within the 2019/2020 budget
adoption.
Voting Requirement Simple Majority
|
Item: 12.3.6
Notice
of Intention to Impose Differential Rates for the 2019/20 Financial Year
|
Author/s
|
Shane Burge
|
Director Corporate Resources
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/11385
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider advertising proposed differential
rates in preparation for the adoption of the 2019/2020 budget.
Recommendation in Brief
That Council endorse the differential
rates as proposed for the 2019/2020 budget along with the objects and reasons,
seek public submission and Ministerial approval for those rates that are more
than twice the lowest differential rate.
Background
In preparation for the implementation
of the 2019/20 Budget Council must determine the rates and the minimum rates
for differential rating categories that are proposed to be used in the
following budget.
There is a requirement under Section
6.36 of the Local Government Act 1995 that if the Shire is intending on
implementing a differential rate that it gives local public notice of its
intention to do so. Once endorsed the differential rates must be advertised for
a period of a minimum of 21 days providing for public submissions.
A number of workshops were held with
Council during April and May in regards to proposed rates for the 2019/20
financial year whilst discussing the Long Term Financial Plan. During the
review of the Long Term Financial Plan it became apparent that a significant
amount more money needs to be spent on transport infrastructure to maintain a
reasonable and sustainable level of service. Rates increases would be used as
one of the tools to assist in closing the asset management gap and ensuring the
Shire of Esperance remains sustainable into the future.
The review or the long term financial plan has an objective
of closing the asset management gap over an approximate 5 year period and
increasing rates to be spent predominantly on rural road renewal
works.
Officer’s Comment
The Local Government Act allows for differential rates
to be applied to overcome issues where the land use within the rating category
is completely different and therefore valuations are significantly different.
To ensure equity with the rating system it is proposed to again propose a
differential rate for those properties used predominantly for mining purposes
within the UV category.
The current rating structure also has a differential
rate within the GRV category on those properties that are used predominantly
for commercial/industrial purposes that is 2% higher than the uniform GRV rate
in the dollar. It is proposed that this differential rate for the 2019/20 year
be removed and have a uniform rate in the dollar for all GRV
properties.
Valuations are reviewed by the Valuer General and have
different valuation periods for the two different rating categories. UV
properties are re-valued every year and properties within the GRV category are
re-valued every 3-5 year.
2019 is a valuation year for GRV properties and as can
be seen as per the advice from the Valuer General (see attached) that there has
been an overall 1.08% valuation increase in GRV values since last revaluation
in 2014. The % change however in some of the rating classifications are
significant with industrial properties increasing in value by an average 20.32%
and vacant land decreasing on average by -8.4%. Due to the revaluation there
will be large variations in rates payable for some properties.
There is a wide variation in valuations for GRV
properties. In extreme cases some properties have increased by as much as 80%
whereas others have decreased by nearly 150%. As the Shire determines a single
“rate in the dollar” these fluctuations in valuation cannot be
overcome. It is therefore advisable for ratepayers to challenge their valuation
with the Valuer General if they believe their property valuation has been
incorrectly applied.
Although it is proposed to only increase the GRV rate
in the dollar by 1.6% due to the revaluation, this will yield the Shire a 3.3%
increase in the GRV category.
The Long Term Financial Plan has determined that the
rates yield required to ensure a balanced budget whilst allocating additional
money towards asset renewal requires an increase in yield of approximately
3.75%.
UV rates have been revalued and the assessment from
the Valuer General (see attached) is that valuations have increased on average
by 14.45%. To ensure the valuation increase is factored into the proposed
“rate in the dollar”, the yield increase is proposed at 3.75% for
the UV category but the “rate in the dollar” has decreased down to
0.7702 cents in the dollar.
The overall increase is recommended at 3.65% and is
generally in line with the draft long term plan to ensure some stability for
rate increases.
Gross
Rental Valuation Category
Due to the revaluation it is proposed that the rate
yield in the uniform GRV category be increased by 3.3%. It is proposed to
remove the differential rate on the commercial/industrial category that was
previously 2% higher than the uniform GRV rate in recognition of large
valuation increases in the commercial/industrial category and to realign the
rate in the dollar to create a uniform GRV category.
Unimproved
Category
It
is proposed that the UV category also be increased by 3.75% (taking into
account the valuation increase) and it is again proposed that a differential
rate be retained within the mining category to raise additional revenue to fund
the additional impacts to the Shire. The reason that it is rated higher is to
reflect the higher road infrastructure maintenance costs to the Council as a
result of frequent heavy vehicle use over extensive lengths of the Shire road
network.
Consultation
No community consultation has been undertaken in relation to
this report. Statutory consultation is required by Section 6.36 of the Local
Government Act 1995 if the recommendation is adopted. The proposed
differential rate will also need be referred to the Department of Local
Government for ratification by the Minister.
Financial Implications
It is estimated that the proposed rates will yield an amount
of $21,309,706 after taking into account concessions provided on properties
within Development Area 3 and Israelite Bay an estimated $34,730 in interim
rates.
Asset Management Implications
The additional income that is proposed to be yielded from the
rates increase that is over and above the normal operational and capital
allocations is proposed to be spent on the rural road network and assisting in
closing the asset management gap within this area.
Statutory Implications
Section 6.33,6.35 and 6.36 of the Local Government Act 1995.
Strategic Implications
Strategic
Community Plan 2017-2027
L2 Provide
responsible resource and planning management for now and the future
Attachments
|
a⇩.
|
Rates Model
|
|
|
b⇩.
|
Objects and Reasons for
Differential Rates
|
|
|
c⇩.
|
UV Valuation Summary
|
|
|
d⇩.
|
GRV Valuation Summary
|
|
|
Officer’s Recommendation
That Council
1. Endorse
the following differential rates across all categories to form the basis of
proposed rate setting for the 2019/2020 budget.
|
Differential Rate Category
|
Cents in the Dollar
|
Minimum Rate
|
|
GRV Residential
|
0.098740
|
$1166
|
|
GRV Commercial/Industrial
|
0.098740
|
$1166
|
|
GRV Vacant
|
0.098740
|
$1166
|
|
UV Commercial/Industrial
|
0.007702
|
$1166
|
|
UV Rural
|
0.007702
|
$1166
|
|
UV Mining
|
0.093950
|
$583
|
2. Adopt
the objects and reasons for each of the proposed differential rates and
minimum payments (as attached).
3. Authorise
the Chief Executive Officer to advertise the differential rate and call for
submissions in accordance with the Local Government Act 1995, Section 6.36
for a minimum of 21 days.
4. Authorise
the Chief Executive Officer to seek Ministerial approval under Section 6.33
of the Local Government Act 1995 to impose differential rates for
those rates that are more than twice the lowest differential rate.
Voting Requirement Simple Majority
|
12.4 Executive Services
Item: 12.4.1
WALGA
Annual General Meeting and WA Local Government Convention 2019
|
Author/s
|
Helen Hall
|
Executive Assistant
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/5800
Applicant
Executive Services
Location/Address
Internal
Executive Summary
For Council to nominate two (2) Council voting delegates for
the 2019 WALGA Annual General Meeting, to be held in Perth on Wednesday 7
August 2019, as part of the 2019 Annual Local Government Convention.
Recommendation in Brief
That Council nominate Councillors __________________________ as the Shire’s Voting
Delegates for the WALGA Annual General Meeting to be held in Perth on 7 August
2019. Councillor/s__________________________________________________ and
the CEO will attend the 2019 Western Australian Local Government Convention
held in Perth on 8 and 9 August 2019.
Background
The
2019 WA Local Government Convention & Trade Exhibition (Local Government
Week) will be held Wednesday, 7 August – Friday 9 August 2019 at the
Perth Convention & Exhibition Centre (PCEC).
As per previous Local Government Weeks, WALGA will hold its Annual General
Meeting, to discuss and consider local government industry issues. Each
member Council of WALGA has the ability to elect two (2) voting delegates to
participate at the WALGA Annual General Meeting (non-voting delegates are also
able and encouraged to attend).
Officer’s Comment
Attendance
at the annual WA Local Government Convention is open to all Councillors.
Registration fees, travel and accommodation expenses will be paid by Council in
advance for any Elected Member(s) choosing to attend the WA Local Government
Convention. This year the convention theme is “Renewal Practical”.
Convention information & registration pamphlets have been distributed to
all Councillors.
As
a member of WALGA, it is important that Council also attend WALGA’s
Annual General Meeting, requiring the election of voting delegates by Council.
The
theme for the 2019 WA Local Government Convention is Local Government:
Renewal Practical.
Integral
to the theme is the development of the New Local Government Act –
new legislation for Local Government that will enable the sector to reach its
full potential and deal with the vast and diverse range of needs and
aspirations of our communities. It is the driver for one of the most extensive
consultation processes ever undertaken by the State Government with the sector.
It has the potential to result in game-changing outcomes that will shift the
focus and actions of Local Governments for decades to come, and whilst this is
the potential for the legislation, this conference is about more than just the
Act and its supporting regime of regulations and guidelines.
Financial Implications
The costs associated for this conference can be
accommodated within 2019/20 budget: Members of
Council Travel, Accommodation and Conference expenses. Anticipated costs are approximately
$3,625 per delegate comprising registration of $1,475; airfares in the vicinity
of $500 and accommodation of approximately $1000 per delegate plus meals and
other miscellaneous expenses.
Policy Implications
Council Policy EXEC-007: Elected Member Entitlements
Strategic Implications
Strategic Community Plan 2012-2022
Civic Leadership
4.5 Be innovative in the management of the Shire operations,
services, staff and resources to create a resilient and financially stable
Shire.
Attachments
|
a⇩.
|
Notice of Annual General Meeting
- WALGA
|
|
|
b⇩.
|
Local Government Week - Convention
- Renewal Practical - 2019
|
|
|
Officer’s Recommendation
1. That
Council nominate Councillors _____________ and ________________ as the Shire’s
Voting Delegates for the WALGA Annual General Meeting to be held in Perth on
7 August 2019.
2. That
Councillor/s_________________________________________________ and the CEO to
attend the 2019 Western Australian Local Government Convention held in Perth
on 8 and 9 August 2019.
Voting Requirement Simple Majority
|
Item: 12.4.2
Information
Bulletin - April 2019
|
Author/s
|
Alli McArthur
|
Administration Officer - Executive Services
|
|
Authorisor/s
|
Matthew Scott
|
Chief Executive Officer
|
File Ref: D19/9784
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
Attachments
|
a⇩.
|
Information Bulletin - April 2019
|
|
|
b⇩.
|
Register - Delegations Discharge -
Corporate Resources
|
|
|
c⇨.
|
Corporate Performance Report -
April 2019 - Under Separate Cover
|
|
|
d⇩.
|
Appreciation Letter - Department of
Fire & Emergency Services - Esperance Airport
|
|
|
e⇩.
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WALGA - Quarterly Report - Shire of
Esperance - January-March 2019
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Officer’s Recommendation
That Council accepts the
Information Bulletin for April 2019 and;
1. Register -
Delegations Discharge - Corporate Resources
2. Corporate
Performance Report - April 2019
3. Appreciation
Letter - Department of Fire & Emergency Services - Esperance Airport
4. WALGA -
Quarterly Report - Shire of Esperance - January-March 2019
Voting Requirement Simple Majority
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Item: 12.4.3
Member
Appointments - South Coast Management Group
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Author/s
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Sarah Fitzgerald
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Corporate Reporting & Governance Officer
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Authorisor/s
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Matthew Scott
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Chief Executive Officer
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File Ref: D19/11298
Applicant
South Coast Management Group Inc. (SCMG)
Location/Address
Five Local Government Authority areas form the South
Coast Management Group Inc. including the Shire of Esperance, Shire of
Ravensthorpe, Shire of Jerramungup, City of Albany and Shire of Denmark.
Executive Summary
To appoint one (1) Community Member to the South Coast
Mangement Group Inc. following the resignation of an Esperance Community
Member.
Recommendation in Brief
That Council appoint one (1) Community Member for the Shire
of Esperance to the South Coast Management Group Inc. and request the CEO write
to the South Coast Management Group Inc. to advise them of the appointment.
Background
The South Coast Management
Group Inc. (SCMG) is an association whose membership comprises of five (5)
Local Government Authorities being the Shire of Esperance, Shire of
Ravensthorpe, Shire of Jerramungup, City of Albany and Shire of Denmark. Their
vision is…
“…to bring together people, organizations and
information, so that communities in the South Coast Region are able to work in
partnership, to improve the quality of the coastal and marine environment,
resulting in environmental, social and economic sustainability.”
The SCMG must meet a minimum of four (4) times per
year, however they usually meet five (5) times, once within each Local
Government Area. As per the South Coast Mangement Group Inc Rules,
(Attachment D) each participating Local Government must provide the
following members, the Chief Executive Officer (or their proxy), two (2)
Elected Members and two (2) Community Members, which are appointed by the Local
Government. All positions are for a two (2) year term, to coincide with the
Ordinary Local Government Elections.
Officer’s Comment
In January a resignation
was received from Sarah Belli, one of the Esperance Community Members on the
South Coast Management Group. As a result, an Expression of Interest for one
(1) of the Shire’s Community positions was advertised in the Esperance
Express on Friday 12 April and 26 April 2019. The nomination period closed
on 1 May 2019 with three (3) applications being received. All three (3)
applicants have provided information relevant to their nomination for a
position on the SCMG. The nominations are attached.
The usual term for the
position is two years, in this instance the recommendation is that the position
be valid until the 2019 Local Government Elections. At this time all local
government committee positions are made vacant and reconvened after the new
Council has been sworn in.
Consultation
Nil
Financial Implications
There are no financial implications arising from this report
as all costs
associated with travel, accommodation and meals are covered by SCMG for
Community Representatives.
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Natural Environment
A community that works
together as custodians of a pristine 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
L1.1 Represent and communicate community
priorities at Federal, State, Regional and Local level
Environmental Considerations
Nil
Attachments
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a⇩.
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Nomination - South Coast Managment
Group - Evangeline Drabik
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b⇩.
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Nomination - South Coast Managment
Group - Ken Mills
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c⇩.
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Nomination - South Coast Managment
Group - Serena Shaddick
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d⇩.
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Rules - South Coast Management
Group Inc.
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Officer’s Recommendation
That Council
1. Appoint
_____________ as a Community Member for the Shire of Esperance on the South
Coast Management Group Inc until the 2019 Local Government Election.
2. Request
the CEO write to the South Coast Management Group Inc. to advise them of the
above appointments.
Voting Requirement Simple Majority
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13. Reports Of Committees
Item: 13.1
Minutes
of Committees
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Author/s
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Alli McArthur
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Administration Officer - Executive Services
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Authorisor/s
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Matthew Scott
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Chief Executive Officer
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File Ref: D19/10080
Attachments
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a⇩.
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Esperance Roadwise Committee - 29
April 2019
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b⇩.
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Off Road Vehicle Working Party - 10
May 2019
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Officer’s Recommendation
That Council receive the following
unconfirmed committee minutes:
1. Esperance
Roadwise Committee - 29 April 2019
2. Off Road Vehicle
Working Party - 10 May 2019
Voting Requirement Simple Majority
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Item: 13.2
Bush Fire Advisory
Committee - Appointment of Bush Fire Control and Fire Weather Officers
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Author/s
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Karen Naylor
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Community Emergency Services Coordinator
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Authorisor/s
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Terry Sargent
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Director External Services
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File Ref: D19/10270
Applicant
Bush Fire Advisory Committee
Location/Address
Shire of Esperance
Executive Summary
That Council endorse the appointment of Bush Fire
Control and Fire Weather Officers for the 2019/20 fire season.
Recommendation in Brief
That Council authorise the following appointments in
accordance with the Bush Fire Act 1954 as Bush Fire Control and Fire
Weather Officers for the Shire of Esperance:
Chief
Bush Fire Control Officer Ashley
Stewart
Deputy
Chief Bush Fire Control Officer Gavin
Egan
Deputy
Chief Bush Fire Control Officer Will
Carmody
Senior Fire Control Officer –
West Zone Will
Carmody
Senior
Fire Control Officer – West Coast Zone Kingsley
Scott
Senior
Fire Control Officer – North Zone Rory
Graham
Senior
Fire Control Officer – East Zone Lyndon
Mickel
Senior
Fire Control Officer – East Coast Zone Simon
Fowler
Senior
Fire Control Officer – Urban Rural Zone Peter
Rowe
Deputy
Senior Fire Control Officer – West Zone Tomas
Carmody
Deputy
Senior Fire Control Officer – West Coast Zone Peter
Luberda
Deputy
Senior Fire Control Officer – North Zone Chris
Hallam
Deputy
Senior Fire Control Officer – East Zone Phil
Longmire
Deputy
Senior Fire Control Officer – East Coast Zone Adrian
Perks
Deputy
Senior Fire Control Officer – Urban Rural Zone Ron
Chambers
Background
The Shire of Esperance provides a structure within the
bush fire community in accordance with the Bush Fires Act 1954. The Bush
Fire Advisory Committee appoints the Chief Bush Fire Control Officer, a Deputy
Chief Bush Fire Control Officer, a Senior Fire Control Officer and a Deputy
Senior Fire Control Officer for each of the fire zones within the Shire. These
positions were declared vacant at the April Bush Fire Advisory Committee
meeting and nominations were held.
Officer’s Comment
In 2008, Deputy roles were established to provide a
mentoring capacity for Officers in the Seniors role to groom Deputies into the
role and to provide a succession plan. At the June 2018 meeting on request from
the Chief Bush Fire Control Officer a second Deputy Chief role was also
established.
Each of these Officers has the training, experience
and capacity to fulfill these leadership roles.
Consultation
As nominated by the Bush Fire Advisory Committee.
The position of Senior Fire Control Officer – East
Coast Zone, Deputy Senior Fire Control Officer – West Coast Zone, Deputy
Senior Fire Control Officer East Zone and Deputy Senior Fire Control Officer
East Coast Zone were nominated at the April Meeting however as each of the
nominated personnel were absent at the time of the meeting these positions
filled subject to acceptance. The Community Emergency Services Officer
contacted each of the nominated persons and has since received an email
acceptance of their nomination.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Bush Fires Act 1954
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Leadership
Support for all
leadership roles in our community
Encourage shared
responsibility through an informed and inspired community
Environmental Considerations
Nil
Attachments
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a⇩.
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BFAC - Minutes of Meeting - 160419
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b⇩.
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BFAC - Pervious Minutes of Meeting
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Officer’s Recommendation
That Council authorise the
following appointments in accordance with the Bush Fires Act 1954 as Bush Fire
Control and Fire Weather Officers for the Shire of Esperance:
Chief
Bush Fire Control Officer Ashley
Stewart
Deputy
Chief Bush Fire Control Officer Gavin
Egan
Deputy
Chief Bush Fire Control Officer Will
Carmody
Senior Fire Control
Officer – West Zone Will
Carmody
Senior
Fire Control Officer – West Coast Zone Kingsley
Scott
Senior
Fire Control Officer – North Zone Rory
Graham
Senior
Fire Control Officer – East Zone Lyndon
Mickel
Senior
Fire Control Officer – East Coast Zone Simon
Fowler
Senior
Fire Control Officer – Urban Rural Zone Peter
Rowe
Deputy
Senior Fire Control Officer – West Zone Tomas
Carmody
Deputy
Senior Fire Control Officer – West Coast Zone Peter
Luberda
Deputy
Senior Fire Control Officer – North Zone Chris
Hallam
Deputy
Senior Fire Control Officer – East Zone Phil
Longmire
Deputy
Senior Fire Control Officer – East Coast Zone Adrian
Perks
Deputy
Senior Fire Control Officer – Urban Rural Zone Ron
Chambers
Voting Requirement Simple Majority
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14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It
is recommended that the meeting is behind closed doors for the following items,
in accordance with section 5.23(2) of the Local Government Act 1995.
Item: 17.1
0200-19
Prequalified Supplier Panel - Wild Dog Control
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)).
Item: 17.2
0199-19
Prequalified Supplier Panel - Professional Services
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)).
Item: 17.3
0198-19
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)).
Item: 17.4
0197-19
Prequalified Supplier Panel - Parks & Reserves 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)).
Item: 17.5
0196-19
Prequalified Supplier Panel - Workshop Services
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)).
Item: 17.6
0195-19
Prequalified Supplier Panel - Building Services
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)).
Item: 17.7
0194-19
Prequalified Supplier Panel - Plant Hire
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)).
Item: 17.8
0205-19 Design &
Construct Quarry Road Urban Rural Bush Fire Brigade Facility
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)).
Item: 17.9
0206-19
Supply, Installation & Repair Tyres
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)).
Item: 17.10
Expression
of Interest 0173-19 Esperance Seafront Caravan Park
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)).
18. PUBLIC QUESTION TIME
19. CLOSURE
