shire of carnarvon agenda papers ordinary council meeting ... · notice of ordinary council meeting...

SHIRE OF CARNARVON

AGENDA PAPERS ORDINARY COUNCIL MEETING

26 JULY 2016

NOTICE OF ORDINARY COUNCIL MEETING

The next Ordinary Meeting of the Shire of Carnarvon Council will be held on Tuesday 26TH July 2016 in the Shire Council Chambers, Stuart Street Carnarvon, commencing at 8.30am.

Ian D’Arcy

CHIEF EXECUTIVE OFFICER

SHIRE OF CARNARVON DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Carnarvon for any act, omission or statement

or intimation occurring during Council/Committee Meetings or during formal/informal conversations with Staff or

Councillors. The Shire of Carnarvon 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/Committee Meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon

any statement 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 limitation of approval made by a member or officer of

the Shire of Carnarvon during the course of any meeting is not intended to be and is not taken as notice of approval

from the Shire of Carnarvon. The Shire of Carnarvon warns that anyone who has an application lodged with the Shire of

Carnarvon must obtain and only should rely on WRITTEN CONFIRMATION of the outcome of the application, and any

conditions attaching to the decision made by the Shire of Carnarvon in respect of the application.

Ian D’Arcy CHIEF EXECUTIVE OFFICER

AGENDA

1.0 ATTENDANCES & APOLOGIES

Apologies Cr Nelson & Cr B Smith

2.0 PUBLIC AND ELECTED MEMBER QUESTION TIME

3.0 DECLARATIONS OF INTEREST

4.0 QUESTIONS OF WHICH DUE NOTICE HAS BEEN GIVEN

5.0 CONFIRMATION OF MINUTES

6.0 PRESENTATIONS, PETITIONS AND MEMORIALS

7.0 ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION

8.0 DEPARTMENTAL REPORTS

8.1 GOVERNANCE

8.1.1 Actions Performed Under Delegated Authority – June/July 2016 .............................. 1 8.1.2 Renaming HMAS Sydney II Memorial Drive to Carnarvon Road ................................. 7 8.1.3 Draft Policy – Corporate & Information Sessions ...................................................... 11 8.1.4 CEO Leave & Appointment of Acting CEO ................................................................. 14 8.1.5 Delegation Register – Annual Review........................................................................ 16 8.1.6 Carnarvon Yacht Club – Request to Connect to Artesian Water ............................... 19

8.2 CORPORATE & COMMUNITY SERVICES

8.2.1 Accounts for Payment June 2016 .............................................................................. 22 8.2.2 Management Report June 2016 ................................................................................ 24 8.2.3 Investments – June 2016 ........................................................................................... 27 8.2.4 Award of Tender RFT 01/2016 – Civic Centre Cleaning ............................................. 29 8.2.5 Rate payment Incentive Prize .................................................................................... 32 8.2.6 Lotterywest Grant Application – Rotary Park ............................................................ 35 8.2.7 Gascoyne Football Association – Request for Financial Assistance .......................... 38 8.2.8 HMAS Sydney Memorial ............................................................................................ 41

8.3 DEVELOPMENT SERVICES

8.3.1 Pedestrian Access Way Closure – Lot 302 Wheelock Way ........................................ 46 8.3.2 Development Application – GMF – 15 Aged Living Units .......................................... 52

8.3.3 Development Approval – Carnarvon Town Entry Statements .................................. 59

8.4 INFRASTRUCTURE SERVICES

No Report

9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN Nil

10.0 URGENT BUSINESS APPROVED BY THE PRESIDING MEMBER OR BY A DECISION OF THE COUNCIL

11.0 DATE OF NEXT MEETING

The next meeting of Council will be held on Tuesday 23rd August 2016 commencing at 8.30am.

12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC Nil

13.0 CLOSURE

8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTHS OF JUNE/JULY 2016 File No: AO3403 Date of Meeting: 26TH July 2016 Location/Address: 3 Francis Street, Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To report back to Council actions performed under delegated authority for the months June/July of 2016. Description of Proposal: Refer above. Background: To increase transparency this report has been prepared for Council and includes all actions performed under delegated authority for –

‐ Development Approvals issued ‐ Building Permits issued; ‐ Health Approvals issued; ‐ One off delegations to the Chief Executive Officer; ‐ Affixing of Common Seal

Consultation: Nil Statutory Environment: Local Government Act 1995 ‐ Section 9.49A Planning & Development Act 2005 – Part 10 Div. 2 TPS No. 10 – Section 2.4 Shire of Carnarvon Local Government Act Local Laws S.29 Health Act 1991 – S.107; Health Act 1911, Part VI Health (Public Buildings) Regulations 1992 Relevant Plans and Policy: Nil Financial Implications: There are no financial implications. Risk Assessment: Reporting requirement only.

Community & Strategic Objectives:

Outcome 5.2 A high standard of governance and accountability.

5.2.1 Maintain a high standard of corporate planning and reporting.

5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment: The following tables outline the action performed within the organisation relative to delegated authority for the months June/July of 2016 and are submitted to Council for information.

COMMON SEAL

Date Affixed Agreement Details

05.07.16 Lease – Portion Carnarvon Airport Building 103 – Coral Coast Helicopter Services

13.07.16 Lease – Lot 1 George Street – Senior Citizens Club

PLANNING & DEVELOPMENT Planning and Development Act (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 68 Applications to use/develop land

File Ref: Applicati

on Ref:

Subject Land Purpose Applicant/ Proponent

Date Granted

A2028 P48/16 Lot 9 (HN12) on P934712 Ridley Place, Morgantown (TPS10)

Outdoor living area partially enclosed with reduced side boundary setback

B. Bagaric 01/06/2016

A256 P51/16 LOT 790 on P206695 (HN 3) Richardson St South Carnarvon (TPS10)

Retaining wall and fence on rear property boundary

Gascoyne River Concrete

20/06/2016

A3577 P40/16 Lot 13 on P069406 Robinson St Coral Bay (DZS11)

Additional 5 Villa Units and Ablution Block

DA Burke Builders 23/06/2016

A1679 P54/16 Lot 125 on P9347 (HN 10)Morrell Crt West, Morgantown (TPS10)

2 Bedroom Addition to Dwelling

T. Oxenham & Y. Starr

24/06/2016

A2165 P55/16 Lot 139 on P9347 (HN 25) Wheelock Way Morgantown (TPS10)

Overheight Shed and carport

G. Griffiths 27/06/2016

Hawkers, traders and stall holders Shire of Carnarvon Local Government Act Local Laws, s.29

Date Ref. Decision details Applicant Other affected person(s)

10/06/2016 HHT16/006 Approved. Stallholder at Tropicool Festival (Food Handling)

Carnarvon Netball Association (A. Evans)

C. Jones

FOOD Food Act 2008

Date of decision

Decision Ref.

Decision details Applicant Other affected person(s)

10/06/2016 HFO16/006

Amendment of food business registration ‐ Cake Candy by Ambre ‐, 10 Craggs Court (low risk activities e.g. cake and candy production).

Temporary locations for the sale of products with ancillary medium risk activities (e.g. scones & cream prepared on‐site)

Cake Candy by Ambre

N/A

Planning and Development Act (Local Planning Schemes) Regulations 2015 Schedule 2 Clause 68 Applications to use/develop land

File Ref: Application

Ref: Subject Land Purpose

Applicant/ Proponent

Date Granted

A2028 P48/16 Lot 9 (HN12) on P934712 Ridley Place, Morgantown (TPS10)

Outdoor living area partially enclosed with reduced side boundary setback

B. Bagaric 01/06/2016

A256 P51/16 LOT 790 on P206695 (HN 3) Richardson St South Carnarvon (TPS10)

Retaining wall and fence on rear property boundary

Gascoyne River Concrete

20/06/2016

A3577 P40/16 Lot 13 on P069406 Robinson St Coral Bay (DZS11)

Additional 5 Villa Units and Ablution Block

DA Burke Builders 23/06/2016

A1679 P54/16 Lot 125 on P9347 (HN 10)Morrell Crt West, Morgantown (TPS10)

2 Bedroom Addition to Dwelling

T. Oxenham & Y. Starr

24/06/2016

A2165 P55/16 Lot 139 on P9347 (HN 25) Wheelock Way Morgantown (TPS10)

Overheight Shed and carport

G. Griffiths 27/06/2016

Hawkers, traders and stall holders Shire of Carnarvon Local Government Act Local Laws, s.29

Date Ref. Decision details Applicant Other affected person(s)

10/06/2016 HHT16/006 Approved. Stallholder at Tropicool Festival (Food Handling)

Carnarvon Netball Association (A. Evans)

C. Jones

Application No.

Type of Building Work Lot & Street Owners name

B16/161 FENCE LOT 48 WILLSEE ST MORGANTOWN ROMAN CATHOLIC BISHOP OF GERALDTON

B16/163 FENCE LOT 49 WILLESEE ST MORGANTOWN

ROBERTO GUERINO DELLA BELLA & LEONE DELLA‐BELLA

B16/173 RETAINING WALL & FENCES LOT 760 MCLEOD ST SOUTH CARNARVON

MICHAEL JAMES LEE

B16/176 FENCE LOT 24 CAREY ST SOUTH CARNARVON

DEPARTMENT FOR HOUSING

B16/177 FRONT VERANDAH LOT 1339 CARNARVON RD SOUTH CARNARVON

PHILLIP BRUCE & LORNA ANDREWS

B16/178 SHED & CARPORT LOT 139 WHEELOCK WAY MORGANTOWN

GAVIN JOHN GRIFFITHS

B16/180 PATIO LOT 251 WILLIAM ST EAST CARNARVON

MARK DEAN BAIN & ANNE MARIE PORTER

STATUS REPORT ‐ AS AT JULY 2016

MINUTE REF

DETAIL RESPONSIBLEOFFICER

STATUS ANTICIPATED COMPLETION DATE

23/7/15 Request for Upgrading an Existing Restricted Access Route (RAV)

Renee Lathwell Policy to be prepared by Infrastructure staff

August 2016

26/11/15 27/11/15

Proposed Engagement – Work for the Dole Program

Ian D’Arcy Contract negotiated and to be signed. Delay with Max Solution forwarding contract documentation. Matter has been raised with DPMC

July 2016

5/12/15 HMAS Sydney Memorial – Pioneer Park

Ian D’Arcy Mel Frearson

Plaques removed and being cleaned ready for relocation along fascine hob wall.

November 2016

4‐6/2/16 Approval and Implementation of Blowholes Management Plan

Ian D’Arcy Process commenced in accordance with Council resolution. Letters/draft lease sent to shack owners. Building assessment of remain shack structure undertaken by CGG and demolition orders issued. Awaiting approval from DRD to expend grant funds – opposed to expenditure for new shack sites. Issue of Aboriginal Heritage Significant prompting reconsideration of BRMP – refer to Item 8.1.2 in this Agenda

Pending further decision of Council.

7/2/16 Community Bus & Luggage Trailer

John Nuttall Pending further consideration in 2016/17 draft budget

August 2016

10/2/16 New Lease – Senior Citz – Lot 1 George Street

Carolien Claassens

Awaiting signing by Senior Citizens

June 2016

13/2/16 Regional Price Preference Policy – Creation of

John Nuttall Advertising and reviewing August 2016

15‐17/2/16

Gascoyne Food Bowl Robert Pringle All documents forwarded to WAPC for consideration.

September 2016

23/2/16 Heritage Walk Trail – Community Chest Fund

Mark ChadwickSharon Williams

Grant application submitted and notified successful.

August 2016

26‐28/2/16

RAV Route – Endorsement to Upgrade

Mike Hudson Preparing Policy. August 2016

13/3/16 Lease – Coral Coast Helicopters Carolien Claassens

New lease being drafted by Council Solicitors.

Completed

22&23/3/16

Ticket Box Application – Festival Grounds

Dannielle Hill DA issued. Building permit .GFA contribution pending. Building works awarded and nearing completion.

August 2016

24/3/16 Brockman Park Structure Plan Marius Shepherd

Initiation and Stakeholder Meetings Completed.

May 2017

5/4/16 Regional Waste Infrastructure Project

Ian D’Arcy Presented to Council at Special Meeting 09 May 2016

December 2016

16/4/16 New Lease – Health Centre ‐ Carolien Claassens

New lease being drafted by McLeods. Awaiting signatures

July 2016

18/4/16 Gascoyne Food Bowl – Submissions on District

Marius Shepherd

WAPC advised they wish to defer until Scheme

August 2016

Structure Plan Amendments are finalised.

21/4/16 Partial Closure Bush Bay New Beach Roads

Marius Shepherd

Final request sent to Dept of Lands for closure.

December 2016

23/4/16 Lease Area – Coral Bay Progress Association – Lot 502 Sanctuary Road

Marius Shepherd

Solicitors prepared formal lease agreement in draft.

July 2016

5‐6/5/16 Proposed Carnarvon Town Entry Statements

Ian D’Arcy Successful quoter advised – improved concept design drawings and specs. received. Awaiting MRWA advice regarding proposed location of the two entry statements.

Ongoing

9‐10/5/16 Reallocation of CLGF Funding – From Civic Centre to Aquatic Centre and Photovoltaic systems installed to Shire buildings

Ian D’Arcy Council resolution referred to DRD for variation to Funding Agreement. Funding allocation changes incorporated in draft 2016/17 budget

July 2016

15/5/16 Baden Powell Hall – Request for New Lease

Carolien Classens

Draft lease prepared – finalising for final approval.

July 2016

17/5/16 Financial Support – Liam Forrester

John Nuttall Donation made August 2016

18‐19/5/16

NAIDOC – Request to Waive Fees and Fly Aboriginal Flag`

John Nuttall NFA Completed

21‐23/5/16

Rescission and Redetermination Motion – Brockman Park Structure Plan

John Nuttall Contractor chosen Completed

24/5/16 Intention to Impose Differential Rates 2016/2017

Sa Toomalatai NFA Completed

4/6/16 Amendment to Blowholes Reserve Management Plan

Ian D’Arcy Letter send to DoL – awaiting formal response

August 2016

5/6/16 Creation of Council Policy C019 – Flying of Flags at Shire Administration

John Nuttall Implemented Completed

7‐9/6/16 Recision and Redetermination –Flying of Aboriginal Flag


13/6/16 Creation of Council Policy – Iconic Events

John Nuttall Implemented Completed

14/6/16 Amendment to Council Policy –Operational Hours

John Nuttall Advertised August 2016

15/6/16 Request for Financial Support –Liam Forrester

John Nuttall Advertised August 2016

16/6/16 RFQ 02/2016 – Brockman Park Structure Plan

Carolien Classens

Advertised August 2016

18/6/16 New Lease – Heritage Group including Old Tramway

Carolien Classens

Correspondence sent Completed

19‐21/6/16

Carnarvon Aquatic Centre Management Contract

Kelly D’Arcy Tender underway August 2016

23‐24/6/16

Proposed Differential Rates 16/17 – Rates & Minimum Payments – Submissions Received


25/6/16 Local Planning Scheme Adoption Marius Shepherd

Forwarded to WAPC for consideration.

October 2016

26‐27/6/16

Gascoyne Food Bowling Scheme Amendments

Robert Pringle Forwarded to WAPC for consideration.

September 2016

28/6/16 Exploration Licence Application Robert Pringle Information regarding Council decision sent to applicant and DMP.

Completed

29/6/16 DA – Over‐height Fence 6 Geyer Place

Robert Pringle Notice of Determination provided to applicant and builder.

Completed

30/6/16 Proposed Temporary Road Closure – Gnaraloo Road

Marius Shepherd

Advertisement of Road Closure and agreement to costs of closure by Parks and Wildlife. Review of Submissions at August meeting.

August 2016

31/6/16 DA – Outbuilding Ship Container – 10 Brown Street

Helen Karageorgiou

Notice of Determination provided to applicant.

Completed

32/6/16 Tourism WA Sustainability Grant Program Submission – Visitor Centre

Mark Chadwick Application submitted – awaiting advice from Tourism WA

16/17 Financial Year

OFFICER’S RECOMMENDATION That Council accept the Status Meeting Report and reports outlining the actions performed under delegated authority for the months June/July 2016.

8.1.2 RENAMING HMAS SYDNEY II MEMORIAL AVENUE TO CARNARVON ROAD File No: 5RD252 Date of Meeting: 26th July 2016 Location/Address: HMAS Sydney II Memorial Avenue Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy – Chief Executive Officer

Dannielle Hill – Snr Executive Officer Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Report: 14th August 2001

Summary of Item: This report relates to the renaming of HMAS Sydney II Memorial Avenue to Carnarvon Road as a result of the “memorial” significance no longer relative due to the removal of the plaques, which are almost ready for relocation to the Fascine Wall as part of the 75th Anniversary Celebrations of the sinking of the HMAS Sydney II. Description of Proposal: To rename HMAS Sydney II Memorial Avenue to Carnarvon Road extending from Cornish Street intersection east to North West Coastal Highway, a distance of approximately 3.438km.

Background: In August 2001, Council completed construction and sealing of Carnarvon Road for its entire length between the town of Carnarvon in the west and the North West Coastal Highway in the east. The works were carried out in order that the road could be reconstructed and renamed HMAS Sydney II Memorial Avenue in time for the 60th Anniversary Commemorations of the loss of the HMAS Sydney II off the coast of Carnarvon and the resultant loss of the 645 Australian Servicemen.

At the August 2001 Ordinary Meeting of Council, it was resolved as follows –

“(FC4/8/01) – COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION That Council resolve to request the Department of Land Administration’s Geographic Names Committee to change the name of Carnarvon Road, between McNish Street in the west and the North West Coastal Highway in the east, to HMAS Sydney II Memorial Avenue.”

Advice from the Department of Lands Administration at the time was that it would not be acceptable to terminate HMAS Sydney II Memorial Avenue at McNish Street and recommended it be more appropriate to terminate the proposed avenue at Cornish Street.

Accordingly, the section of Carnarvon Road designated from Cornish Street through to North West Coastal Highway was renamed HMAS Sydney II Memorial Avenue, with the Shire of Carnarvon installing a line of plaques to commemorate each of the 645 seamen lost as a result of the sinking of the HMAS Sydney. The memorials lined both sides of the road coming into town. Included as part of the commemoration ceremony, the Drive was also planted with palms in an endeavour to project a ‘Memorial Avenue” feel however over the years, and due to poor water quality, many of the palms either died or did not progress in growth as well as it thought they might. The location of the plaques, although at the time was considered suitable, were also laid alongside the road and did succumb to weed overgrowth or inundation of water during heavy rainfalls. As a result the Drive began to look unkept and untidy with many negative comments received from both locals and visitors to the town that the Memorial Drive was not in the spirit of commemorating the fallen sailors. As per Council resolution FC 3/8/15, the HMAS Sydney and HSK Kormoran Commemorative Working Group was formed for the purpose of coordinating the 75th Anniversary of the event, incorporating a commemoration ceremony and memorial. This includes the removal and relocation of the existing plaques from HMAS Sydney II Memorial Avenue to the Fascine wall and/or other parts of the foreshore area. Accordingly, and in line with the 75th Anniversary Celebrations of the sinking of the HMAS Sydney II to be held on the 19th November 2016, it was felt that the 645 plaques lining the Memorial Avenue would be better relocated to a more suitable resting position, where Council resolved at its meeting held on 15th December 2015 as follows –

“That Council – 1. Adopt the Fascine Hob Wall as the preferred location for the HMAS Sydney plaques creating a

walk of remembrance; 2. Direct the Working Group to continue to investigate a possible HMAS Sydney II & HSK Kormoran

Memorial site.” In line with Council’s resolution, all 645 plaques have been removed from HMAS Sydney II Memorial Avenue by members of the Gascoyne RSL, and are currently being cleaned and made ready for relocation along the Fascine hob wall.

Plaques to be located along the sea-side of the Fascine Hob Wall as a Walk

of Remembrance

The Geographic Names Committee (GNC) publication ‘Policies and Standards for Geographical Naming in Western Australia’ is the main publication for the naming of roads, localities, parks, reserves and topographic features. In order to rename the Drive, Council will be required to submit a request to the Landgate Geographical Naming Team for consideration. Consultation: HMAS Sydney and HSK Kormoran Commemorative Working Group. Statutory Environment: Roads may be renamed by order of the Minister for Lands, pursuant to section 26 of the Land Administration Act 1997. Relevant Plans and Policy: Landgate’s ‘Geographic Names Committee, Policies and Standards for Geographical Naming in Western Australia’ Under Section 8.5 ‘Road naming amendments’:

“Road names are intended to be enduring. The renaming of a road is discouraged unless there are good reason for a change of name.’ The reasons that a road name change may be considered include a redesign of a road layout and for the emergency services who require clear and unambiguous road naming”.

This matter before Council further relates specifically to Section 8.3.1 ‘Components of a road name’ Road name elements:

“Every road name shall consist of a single name element followed by a road type, e.g. Smith Road, Jones Street etc. not Black Swan Drive, John Smith Avenue. A single length of road shall have only one name.” (author emphasis)

Financial Implications: Cost will be incurred should Council agree to rename HMAS Sydney II Memorial Avenue back to Carnarvon Road with regards to replacing the street and directional sign(s). An allocation of funding is provided for in the draft 2016/17 budget for this purpose. Risk Assessment: The current road name could be misconstrued as misleading given the memorial plaques have been removed. This is discussed further in the comment section of this report. Community & Strategic Objectives: Outcome 3.1 Carnarvon is a proud community and is a desirable place to live, invest and visit.

3.1.5 Provide opportunities for community participation to promote a sense of belonging.

3.1.6 Encourage and advocate for all to defend Carnarvon and promote positive stories.


5.2.1 Maintain a high standard of corporate planning and reporting. 5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment: In light of the removal of the 645 plaques from HMAS Sydney II Memorial Avenue ready for relocation to the Fascine Hob Wall, the renaming of the Drive is recommended as in the true meaning of ‘memorial’ this no longer prevails along this section of road, and as already suggested, could be misleading to both locals and visitors to the town. The renaming of the Avenue back to Carnarvon Road would also enable the continuation of Carnarvon Road from North West Coastal Highway through to the James Street intersection, as graphically illustrated below -

This appears logical in light of change in relocating the memorial plaques to the Fascine foreshore. As for the existing palm trees, it is also recommended the Council endorse their removal and relocation to other more suitable locations around town under the direction of the Coordinator Parks and Gardens, with further consideration given by the Infrastructure Directorate toward a cost effective and sustainable road side landscape beautification for proposed Carnarvon Road, to be referred back to a Corporate Information Session. OFFICER’S RECOMMENDATION That Council:

1. Authorise the Chief Executive Officer (CEO) to advertise the proposed name change from HMAS

Sydney II Memorial Avenue to Carnarvon Road in the local newspaper, and on Council’s website and facebook page seeking the community’s comments on the proposal with the submission period closing 4.00pm Friday 12th August 2016.

2. Where the majority of residents support the request as per recommendation 1. above, the Chief Executive Officer (CEO) is to write to Landgate (Geographic Names Team) seeking formal approval for the amending of “HMAS Sydney II Memorial Avenue” to “Carnarvon Road”.

3. Endorse removal and relocation of the existing palm trees along HMAS Sydney II Memorial Avenue to other more suitable locations around town under the direction of the Coordinator Parks and Gardens, with further consideration given by the Infrastructure Directorate toward a cost effective and sustainable road side landscape beautification for proposed Carnarvon Road, to be referred back to a Corporate Information Session.

Proposed Continuation of Carnarvon Road

8.1.3 DRAFT POLICY E028 – COUNCIL CORPORATE INFORMATION AND BRIEFING SESSIONS

File No: 1B0202 Date of Meeting: 26th July 2016 Location/Address: N/A Name of Applicant: N/A Name of Owner: Shire of Carnarvon Author/s: Dannielle Hill, Senior Executive Officer Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Report: Nil

Summary of Item: To adopt draft “Policy E028 – Council Corporate Information and Briefing Sessions”, to ensure that proper standards to govern/conduct informal sessions of Council are implemented and adhered to. Description of Proposal: To adopt a policy that seeks to improve the standards of probity and accountability when conducting Corporate Information and Briefing Sessions of Council. Background: From time to time elected members need opportunities to discuss issues outside of the formal ordinary meeting process. The opportunity to provide input and discuss these issues is through either Council’s Corporate Information Sessions or Briefing Sessions. Although these meetings are not convened under the auspices of the Local Government Act 1995, it is imperative that probity and accountability are adhered to during these forums to dispel perceptions that Council and elected members are failing to be open and transparent. In consultation with the Department of Local Government and Communities, it has been advised that in the best interests of Council, a policy relating to conduct of informal sessions by Council should be implemented. In a letter to the CEO the Department has stated –

“… Elected member disclosures of interest at such informal sessions is a matter of ethics as the statutory disclosure requirements only apply to meetings that are convened under the provisions of the Local Government Act 1995. However, while elected members can legally participate at informal sessions without being in breach of the legislation, it is the Department’s view that such participation is at odds with the probity and accountability principles of the Act and associated codes of conduct. In light of this, it is recommended that the Shire considers adopting standards to govern conduct in informal sessions, which requires the disclosing elected member to not participate in that part of an informal session relating to their interest and to leave the meeting room.”

In accordance with the Department’s advice, draft policy ‘E028 – Council Corporate Information and Briefing Sessions’ is attached at Schedule 8.1.3 for consideration. Consultation: Director, Local Government Regulation and Support Local Government Operational Guidelines Number 05 – January 2004 – Council Forums Statutory Environment: While the conduct of Corporate Information and Briefing Sessions is not a statutory obligation under the

Local Government Act, 1995 the following provisions have be extracted from the legislation in relation to declarations of interests for the Council’s information:

Financial pursuant to Section 5.60A For the purposes of this Subdivision, a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government, or an employee or committee of the local government or member of the council of the local government, in a particular way, result in a financial gain, loss, benefit or detriment for the person. Proximity pursuant to Section 5.60B (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; or (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; or (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. Indirect Financial pursuant to Section 5.61 A reference in this Subdivision to an indirect financial interest of a person in a matter includes a reference to a financial relationship between that person and another person who requires a local government decision in relation to the matter. Impartiality pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007 The existence of an interest affecting impartiality is dependent on – 1. The member or employee having an association with a person or organisation that has a matter being

discussed at a Council or committee Meeting; 2. The employee being required to give advice on a matter where they have an association with a person or an

organisation related to that matter; and 3. The type of matter being discussed at a Council or Committee Meeting.

In instances whereby an Elected Member declares a Financial or Proximity Interest, then that Member is required to leave the meeting and is not able to participate in debate or vote on the matter. In relation to an Impartiality Interest, although the Elected Member is required to disclose his/her interest, they are not required to leave the meeting and are able to participate in the debate and vote. Relevant Plans and Policy: The draft Policy has been prepared taking into account the ‘Local Government Operational Guidelines Number 05 – January 2004 – Council Forums’. Consideration has also been given to the Shire of Carnarvon Code of Conduct and Shire of Carnarvon Standing Orders Local Law when drafting the policy. Financial Implications: There are no perceived financial implications in adopting this draft Policy. Risk Assessment: Although not statutorily binding, there is a potential risk of public perception in relation to Corporate Information and Briefing Sessions, where it can be construed that Council or individual Elected Members are failing to meet their obligations of transparency and accountability. Community & Strategic Objectives:


5.2.1 Maintain a high standard of corporate planning and reporting.

5.2.2 Ensure compliance with all relevant legislation and regulations.

5.2.4 Develop an understanding of the roles and responsibilities of elected members.

Comment: The draft Policy is written in such a way that it reflects the declaration protocol that is followed at Ordinary Council Meetings. For example, should any Elected Member have a financial or proximity interest in a matter to be discussed at the session/s then that Elected Member be given the opportunity to declare their interest and leave the meeting. As stated previously in this report, although Corporate Information Sessions and Briefing Sessions are not convened under the auspices of the Local Government Act 1995, adopting the draft Policy as presented will not only assist with openness and accountability, but also minimize public criticism and lead to a more effective and efficient Council. OFFICER’S RECOMMENDATION That Council endorse the draft Policy, namely ‘Policy E028 – Council Corporate Information and Briefing Sessions’ as presented in Schedule 8.1.3 of this report.

8.1.4 CEO LEAVE AND APPOINTMENT OF ACTING CEO

File No: 2H0503 Date of Meeting: 26 July 2016 Location/Address: N/A Name of Applicant: Ian D’Arcy - CEO Name of Owner: N/A Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Yes – Payment of wages during period of leave Voting Requirements: Absolute Majority Previous Report: Nil

Summary: To consider a request to take annual Leave and appoint an Acting CEO for this same period, in accordance with the provisions of the Local Government Act, 1995 and subsidiary legislation. Description of Proposal: This proposal relates to:

Clearance of part of my annual leave entitlement in late 2016, with appointment of an Acting CEO for the same period of leave; and

Appointment of a person to act in the CEO position for this same period of annual leave. Background: On previous occasions of annual leave of between 2-4 weeks, the Executive Managers have been appointed by Council to act in the CEO position. In light of this, I have approached Mr John Nuttall, Executive Manager Corporate Services to fill the position in my absence. Importantly, it is the Council’s role to approve the CEO’s leave and appoint a replacement CEO in accordance with legislative requirements – refer to Statutory Section below. According, with an allocation of 12 weeks annual leave to be taken (calculated to the end of June 2016), I now respectfully seek Council’s consideration and endorsement of leave effective from Friday 02 December

2016 - Tuesday 02 January 2017, and appointment of an Acting CEO to cover this leave. Consultation: Nil. Statutory Environment: The appointment of an Acting CEO is undertaken pursuant to the Local Government Act, 1995 - Section 5.39 (1a) (a) that basically states an employee may act in the position of CEO......for a term not exceeding one year…… The assignment of delegation to the CEO (see Comment Section) is also undertaken pursuant to the Local Government Act, 1995 - Section 5.42. Relevant Plans and Policy: This matter relates to Council Policy E002 – Remuneration Levels, where Statement 6.0 of the policy advocates:

6.0 An employee shall be paid higher duties when required to ‘act’ in the CEO position, upon appointment by Council. The higher duties for the Acting CEO position shall be paid the minimum

cash salary for a Level 2 Local Government in accordance with the WA Salaries and Allowances Tribunal classification and remuneration schedule, unless otherwise negotiated and determined by Council.

The provisions of Policy E025 – Appointment of Acting CEO does not apply as the requested period of leave exceeds two (2) weeks. Financial Implications: The CEO wages for annual leave is accommodated in the current 2016/2017 salaries and wages component of the budget. Allowance is also provided to pay an increase in salary for the Acting CEO role. Risk Assessment: There is no perceived risk associated with this request. Strategic Implications:

Outcome 5.6 Best practice human resource management practices

Ensure staff is provided with adequate training and resources in order to perform their duties.

Provide timely and accurate information across the organisation.

Develop appropriate processes and procedures to support human resources.

Voting Requirements Absolute Majority Comment As reflected in the Background Section of this report I have a considerable amount of leave accrued that needs to be cleared based on complying with the legislative requirements. In light of this, it is requested that Council grant the requested leave, and appoint Executive Manager Corporate Services to act in the CEO role for the same period, inclusive of the annual leave, weekends, public holidays and executive days off. OFFICER’S RECOMMENDATION That Council pursuant to Section 5.39 (1a) (a) of the Local Government Act (1995) approve leave for the CEO from Friday 02 December 2016 to Tuesday 02 January 2017, and appoint Mr John Nuttall to act in the CEO position for the same period. (Absolute majority required)

8.1.5 ANNUAL REVIEW – SHIRE OF CARNARVON DELEGATION REGISTER File No: 4A0102 Date of Meeting: 26 June 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item This item serves as an annual review of Council’s delegations of authority. Description of Proposal Background Western Australian Local Governments are empowered under various State Government legislation (Acts and Regulations) to perform certain duties and exercise certain powers. This includes the Chief Executive Officer (CEO) and other officers of Local Governments to perform certain duties, but often the legislation (particularly the Local Government Act, 1995) defaults to the Local Government Council to perform the specific function or task. With this acknowledged, the Local Government Act, 1995 in the main affords Council the ability to delegate some of its powers and duties to the CEO or to Committees in order to expedite the effective operations and implementation of the Shire’s functions and the broad array of legislation as prescribed. However, a requirement of Council delegating its authority is that a ‘Register of Delegations’ needs to be maintained and reviewed annually. Therefore, the purpose of this report is to re-adopt the list of delegations to the CEO, and other nominated officers within the organization, to satisfy the provisions of the Local Government Act 1995. A copy of the Delegations Register last reviewed in May 2015 is provided at Schedule 8.1.5(a). It should also be noted that a ‘Schedule of Authorised Persons’ has previously been prepared by the CEO that empowers various staff to perform specific/designated roles and duties under sub-delegation. This Schedule does not require Council endorsement (refer to Statutory Environment below), but nevertheless is offered at Schedule 8.1.5(b) for Council to note. Additionally, the Shire’s Senior Governance Officer is presently undertaking a more thorough and holistic review of the delegations and authorisations pertinent to the individual pieces of legislation that fall within the Council broad responsibilities. It is intended the results of this review will be presented to Council in the coming months to capture and more accurately reflect the delegated functions that can be afforded by, and for that matter, sit comfortably with the Council. Consultation Nil Statutory Environment In the first instance, Council is empowered pursuant to Sections 5.16 and 5.42 of the Local Government

Act 1995 to delegate roles and responsibilities. The Act also allows the Chief Executive Officer to sub-delegate any of his/her powers to another employee with the sub-delegations to be in writing. Additionally, the Chief Executive Officer may under the Local Government Act 1995 place conditions on any sub-delegation passed on to another Shire employee. Further, the Local Government Act, 1995 under Section 5.46(2) states the Council must review its Delegation Register annually. However, if no amendments are made to the existing register a vote by simple majority can apply. Conversely, Section 5.42 (1) of the Local Government Act, 1995 states that any decision to amend or revoke a delegation by a Local Government is to be by an absolute majority. Relevant Plans and Policies There are no evident policy implications in relation to this review. Financial Implications Nil Risk Assessment Should this review not be completed, it will be deemed the Council will have breached legislation as reflected in the Statutory Section of this report. Further, there is a risk that without an appropriate delegation and sub-delegation the organization will struggle to operate effectively and efficiently, with an adverse effect likely on the delivery of services and good governance to the community. However, as mention in the Background Section, there is a more holistic review being undertaken internally to reflect accuracy and best practice in determining and implementing delegated functions in the interest of achieving compliance and improved efficiencies for the Shire. Community and Strategic Objectives Goal 5: Leadership and community engagement to ensure the best use of our physical, financial and

human resources.


Strategy 5.2.2 Ensure compliance with all relevant legislation and regulations.

Comment The Delegation Register is to formalize the Council’s “day to day” functions/operations through empowerment of staff to operate efficiently, effectively and productively in the interest of good governance. However, the level of delegation should not extend beyond the Council losing (or perceived to be losing) control of its responsibilities under applied legislation. It is also pertinent that such delegations to staff on “day to day” matters are reported back to Council to ensure the grant of delegated authority, in the Council’s opinion, is not misused and abused in any way. Should Council not be satisfied it may at any time amend or remove the delegation to the CEO or another officer. With this in mind, the Delegation Register (including sub-delegations) is presented to council for re-

adoption without change at this stage, although it is intended the delegations be further considered by Council in the coming months following further review as already outlined. OFFICER’S RECOMMENDATION That Council:

1. Re - Adopt in accordance with Section 5.46(2) of the Local Government Act 1995 the current Delegation Register without change, as presented in Schedule 8.1.5(a) to this report.

2. Note the ‘Schedule of Authorised Persons’ that includes the sub-delegation of roles and responsibilities from the CEO to other employees, as presented in Schedule 8.1.5(b).

3. Further note a more holistic review of the ‘Schedule of Delegations’ is being conducted internally, with findings of the review to be presented back to Council in the coming months for further consideration.

8.1.6 REQUEST TO CONNECT TO ARTESIAN WATER – CARNARVON YACHT CLUB File No: A348 Date of Meeting: 26 June 2016 Location/Address: West Street Road Reserve Name of Applicant: Carnarvon Yacht Club Inc. Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item This item relates to a request from the Carnarvon Yacht Club seeking access to the Shire’s reticulated artesian water supply adjacent to the Yacht Club entrance in West Street. Description of Proposal This proposal involves connection of Carnarvon Yacht Club to the Shire’s artesian water supply for the purpose of reticulating lawns and garden areas. Figure 1 below illustrates the location of the connection point adjacent to the Yacht Club entrance.

Figure 1 – Aerial Photo – Proposed Artesian Water Connection Point

Proposed point of connection to artesian water

supply

Carnarvon Yacht Club

Baxter Park

Background The Council is in receipt of correspondence from the Carnarvon Yacht Club, included at Schedule 8.1.6 to this report requesting favourable consideration of Council to source artesian water from the Shire. The letter states in support of the request:

The Carnarvon Yacht Club recently commissioned new floating pens for our marina. To complement the pens the Yacht Club has commenced a landscaping program around the marina with the support of Westerly Contractors and our members.

The connection to the Shire of Carnarvon’s bore water pipe in West Street will assist in maintaining the landscaped areas.

The landscaped areas will create an attractive entry statement for visiting yachts creating a positive first impression of Carnarvon.

The landscaping will enhance the surroundings for locals using the marina for recreation or hiring the club house for numerous community events such as Australia Day, weddings and funerals.

There will be no cost to the Shire of Carnarvon for the connection and piping.

The work will be supervised by a qualified plumber and comply with any directions from your Parks and Gardens department.

The artesian water is supplied from the airport bore used to reticulate the lawn at Baxter Park, with watering undertaken during the early hours of the morning. Consultation Nil. Statutory Environment Nil. Relevant Plans and Policies There are no evident policy implications in relation to this request. Financial Implications Nil. Risk Assessment The only risk applicable to the Shire, albeit low, would be increased draw on the water supply adversely affecting Baxter Park that is reliant on this water. However, this risk can be overcome by:

1. A Memorandum of Understanding (MOU) that specifies the Shire needs takes precedent over the supply of artesian water to the Carnarvon Yacht Club, should issues arise with decreased supply or pressure to maintain Shire facilities/assets; and

2. The installation of a shut off value to disconnect supply if deemed necessary. Community and Strategic Objectives

Outcome 3.5 Cohesive communities capable of supporting each other

3.5.3 Support and inform community organisations and groups. Comment The Carnarvon Yacht Club request appears reasonable and warranted, with no understood impact on the Shire’s resources or its capacity to maintain existing infrastructure and facilities. However, to ensure this position is sustained and avoid any ambiguity it is considered prudent an MOU is struck with the Yacht Club to basically safe guard the Shire’s interests and priority over the artesian water supply should there be a need. OFFICER’S RECOMMENDATION That Council endorse the request from the Carnarvon Yacht Club to connect in to the Shire’s reticulated artesian water scheme, adjacent to the entrance of the Yacht Club premises on West Street, conditional on:

1. The Carnarvon Yacht Club entering into a Memorandum of Understanding (MOU) with the Shire that clearly acknowledges and accepts:

a) the Shire’s needs take precedent over the supply of artesian water should issues arise

through a decreased supply or reduced pressure to maintain the Shire facilities/assets;

b) the artesian water is supplied by the Shire for the purpose of landscape reticulation and maintenance based on reasonable usage within the Yacht Club grounds only.

2. The Carnarvon Yacht Club installing a shut off value at the point of connection to the Shire’s

reticulated artesian water scheme should the supply need to be disconnected at any time in the future.

8.2.1 ACCOUNTS FOR PAYMENT JUNE 2016 File No: 2F0504 Date of Meeting: 26th July 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Nadine Brown, Creditors Officer Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To present the listing of accounts paid from the Municipal Fund and Trust Fund in accordance with the requirements of the Local Government (Financial Management) Regulations 1996. Description of Proposal: N/A Background: Council delegated to CEO the exercise of its power under Financial Management Regulation 12 to make payments from Municipal Fund and Trust Fund. Consultation: Nil Statutory Environment: Local Government Act 1995 – Section 5.42 Local Government (Financial Management) Regulations 1996 – Regulations 12 and 13 Relevant Plans and Policy: All accounts are paid as per the Shire of Carnarvon’s 2015/16 Budget. Financial Implications: Ongoing management of Council funds by providing Council with sufficient information to monitor and review payments made. Community & Strategic Objectives:


Maintain a high standard of corporate planning and reporting.

Ensure compliance with all relevant legislation and regulations.

Develop and implement audit and risk management processes.

Develop an understanding of the roles and responsibilities of elected members.

Implement ongoing professional development of best practice governance for elected

members and staff.

Outcome 5.4 Long-term financial viability.

Continue to comply with national financial reporting frameworks.

Maintain a high standard of financial management.

Comment: Accounts paid to 30th June 2016 are listed at Schedule No. 8.2.1 (a) OFFICER’S RECOMMENDATION That Council a) Receive the list of payments totalling $4,871,443.71 as presented for the month of June 2016

incorporating.

BD1615 To BD1622 Bank Direct $ 111,736.32

46169 To 46189 Muni $ 67,231.87

7221 To 7229 Trust $ 5395.35

EFT19144 To EFT19422 Muni $ 4,687,080.17

Totalling $4,871,443.71 be endorsed by Council.

b) Note Sundry Creditors as at 30th June 2016 totalling $4,870,55.880

8.2.2 FINANCIAL ACTIVITY STATEMENT – 30 JUNE 2016 File No: 2F0513 Date of Meeting: 26th July 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Manager Finance Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: In accordance with regulation 34 of the Local Government (Financial Management) Regulations, the Shire Administration is required to prepare a monthly Statement of Financial Activity for approval by Council. Description of Proposal: N/A Background: The Statement of Financial Activity was introduced by the Department of Local Government from 1 July 2005. This change was implemented to provide elected members with a better idea of operating and capital revenues and expenditures. It was also intended to link operating results with balance sheet items, and reconcile with the end of month balances. Consultation: Nil Statutory Environment: Local Government (Financial Management) Regulation 34 (1).

34. Financial activity statement required each month (Act s. 6.4)

(1A) In this regulation —

committed assets means revenue unspent but set aside under the annual budget for a specific purpose.

(1) A local government is to prepare each month a statement of financial activity reporting on the revenue and expenditure, as set out in the annual budget under regulation 22(1)(d), for that month in the following detail —

(a) annual budget estimates, taking into account any expenditure incurred for an additional purpose under section 6.8(1)(b) or (c); and

(b) budget estimates to the end of the month to which the statement relates; and

(c) actual amounts of expenditure, revenue and income to the end of the month to which the statement relates; and

(d) material variances between the comparable amounts referred to in paragraphs (b) and (c); and

(e) the net current assets at the end of the month to which the statement relates.

(2) Each statement of financial activity is to be accompanied by documents containing —

(a) an explanation of the composition of the net current assets of the month to which the statement relates, less committed assets and restricted assets; and

(b) an explanation of each of the material variances referred to in subregulation (1)(d); and

(c) such other supporting information as is considered relevant by the local government.

(3) The information in a statement of financial activity may be shown —

(a) according to nature and type classification; or

(b) by program; or

(c) by business unit.

(4) A statement of financial activity, and the accompanying documents referred to in sub regulation (2), are to be —

(a) presented at an ordinary meeting of the council within 2 months after the end of the month to which the statement relates; and

(b) recorded in the minutes of the meeting at which it is presented.

(5) Each financial year, a local government is to adopt a percentage or value, calculated in accordance with the AAS, to be used in statements of financial activity for reporting material variances.

Relevant Plans and Policy: Nil Financial Implications: Nil Risk Assessment: Council would be contravening the Local Government act should these statements not be submitted. Community & Strategic Objectives:






Implement ongoing professional development of best practice governance for elected members and staff.

Outcome 5.4 Long‐term financial viability.



Comment: Attached as Schedule 8.2.2 for consideration is the completed Statement of Financial Activity for the period ended 30 June 2016. In accordance with the Local Government (Financial Management) Regulations, a report must be compiled on variances greater than the percentage agreed by Council which is currently plus (+) or minus (‐) of 10%, or $10,000, whichever is the higher. OFFICER’S RECOMMENDATION That Council, in accordance with Regulation 34 of the Local Government (Financial Management) Regulations 1996, receive the Statement of Financial Activity for the period ended 30 June 2016.

8.2.3 INVESTMENTS AS AT 30 JUNE 2016 File No: 2F0502 Date of Meeting: 26th July 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Sa Toomalatai, Finance Manager Declaration of Interest: Nil Voting Requirements: Simple Majority

Summary of Item: To seek Council’s endorsement of surplus funds invested to 30 June 2016 Description of Proposal: N/A Background: Nil Consultation: Takes place with Financial institutes prior to renewal of investments Statutory Environment: Section 6.14 of the Local Government Act 1995 grants Council the power to invest surplus funds. Relevant Plans and Policy: The investment report is produced in accordance with Council’s investment policy. Financial Implications: Nil Risk Assessment: No risk identified Community & Strategic Objectives:






Implement ongoing professional development of best practice governance for elected members and staff.

Comment: The attached monthly report on investments (Schedule No. 8.2.3) has been compiled in accordance with the reporting framework included as part of Council’s investment policy. OFFICER’S RECOMMENDATION That Council receive the investments report as at 30 June 2016.

8.2.4 AWARD OF TENDER RFT 01/2016 – CIVIC CENTRE CLEANING File No 2F0316.01 Date of Meeting 26 July 2016 Location/Address Carnarvon Civic Centre Name of Applicant Shire of Carnarvon Name of Owner Shire of Carnarvon Author/s Carolien Claassens, Governance Officer Declaration of Interest: Nil Date of Previous Report N/A

SUMMARY OF ITEM This report seeks to inform Council of the award of the Request for Tender “(RFT 01/2016) –“Civic Centre Cleaning” under delegated authority as per Delegation 3030 ‘Tendering for Goods and Services’. DESCRIPTION OF PROPOSAL That Council note the award to Carnarvon Cleaners Pty Ltd of a contract for Civic Centre cleaning performed under delegated authority to the CEO following Request for Tender RFT 01/2016. BACKGROUND The Shire of Carnarvon issued RFT 01/2016 Civic Centre Cleaning for the provision cleaning services of the whole of the Civic Centre area. The Civic Centre includes the Woolshed, the Theatre, the Visitor Centre, the Civic Centre office and the courtyards. For the procurement of goods, services or works where the value exceeds $150.000 (excl. GST) over a non-specific period of time, the legislative compliance requirements makes the Shire of Carnarvon undertake a Public Tender Process. The cost of cleaning the Civic Centre is likely to exceed the value of $150,000, with an average annual expenditure of $36,000 in 2015/16. As per Policy C013 ‘Tender Selection Criteria Policy’, The Civic Centre cleaning is deemed core business for Local Government. The compulsory ‘Selection Criterion and Weighting’ has been used for RFT 01/2016 as per Policy C013. The agreed contract is for an initial period of three (3) years with one (1) option to extend for a further three (3) years, to be exercised at the discretion of the Chief Executive Officer. The Civic Centre is shown in Figure 1 below.

Figure 1 – Locality of Carnarvon Civic Centre

The Tender process was conducted over a five week period through the months of May and June, with two submissions being received from Carnarvon Cleaners and Pioneer Facility Services. Carnarvon Cleaners is a local cleaning provider. Pioneer Facility Services is a national company which includes experience in the North West Pilbara. The submissions were subsequently evaluated by staff, consisting of the Executive Manager of Development, Manager Entertainment and Governance officer. Both of the submissions achieved an acceptable qualitative score. A copy of the confidential evaluation report can be provided to Councillors on request. The Chief Executive Officer proceeded to award a contract to Carnarvon Cleaners Pty Ltd as their submission represented the best value for money option, and scored well in respect to relevant experience and key personnel skills. CONSULTATION There was consultation internally prior relating to the preparation of the tender documentation. STATUTORY ENVIRONMENT Regulation 14 (2a) of the Local Government (Functions and General) Regulations, 1996 states:

14. Publicly inviting tenders, requirements for

(2a) "If a Local Government -

(a) is required to invite a Tender; or

(b) not being required to invite a Tender, decides to invite a Tender.

The Local Government must, before Tenders are publicly invited, determine in

writing the criteria for deciding which Tender should be accepted."

Additionally, Section 5.42 of the Local Government Act, 1995 empowers Council to delegate its

authority to the Chief Executive Officer.

RELEVANT PLANS AND POLICY Policy C013 ‘Tender Selection Criteria Policy’, and CO02 ‘Purchasing Policy’ have been referred to during this exercise.

FINANCIAL IMPLICATIONS The Civic Centre cleaning is provided for in the existing budget under COA 3112 – Job 0501 Civic Centre Building – Recurrent Maintenance. RISK ASSESSMENT There is a risk that the required cleaning would not be undertaken without a contract, and there is a risk of breaching the purchasing policy and the Local Government Act 1995 should no contract be in place and the cost of the cleaning exceed $150,000 over an unspecified period of time. COMMUNITY AND STRATEGIC OBJECTIVES

Outcome 3.1 Carnarvon is a proud community and is a desirable place to live, invest and visit.

3.1.3 Broaden the marketing of Carnarvon to promote it as a desirable place to live, invest and visit in collaboration with key stakeholders.

Outcome 3.4 Improved passive and active leisure and recreation facilities.

3.4.1 Develop a shire recreation plan to establish the needs, maintenance and improvements of all sporting and recreation facilities, identifies opportunities to rationalise and optimise current public open space areas and facility usage, and reviews financial viability.

3.4.4 Implement the Shire Recreation Plan to upgrade public facilities and open spaces to optimise use.

COMMENT The intention of this report is to close out the Request for Tender process by reporting to Council the actions of the CEO in awarding RFT 01/2016 under delegated authority for Civic Centre Cleaning. OFFICER’S RECOMMENDATION That Council pursuant to Section 5.42 of the Local Government Act, 1995 note the award to Carnarvon Cleaners Pty Ltd of Request for Submission RFT 01/2016 Civic Centre Cleaning performed under delegated authority to the CEO.

Outcome 3.6 Events and activities fostering community ownership.

3.6.1 Identify new community events and encourage cultural diversity.

3.6.2 Provide opportunities for increased volunteerism. Encourage skills development through active involvement at all phases of event management.

8.2.5 RATE PAYMENT INCENTIVE PRIZE

File No. 2F0216 Date of Meeting 26 July 2016 Location/Address Shire of Carnarvon Name of Applicant N/A Author John Nuttall, Executive Manager Corporate Services Declaration of Interest Nil Voting Requirements Absolute Majority

Summary of Item This is a request to Council to offer incentive prizes for payment of rates in full by the due date. The rates officer has made contact with various businesses and has managed to secure various donations to be able to offer as prizes. The due date will be set after finalising the budget and the rates to be adopted for the financial year 2016/17, and will be 35 days after rates notices have been issued. Description of Proposal The proposal is that Council endorse the running of a rate payment incentive prize. This involves the advertising and offering of a prize to those who pay their rates in full by the due date. Local businesses have offered donations to the Shire to be able to award as prizes. A current list of the prizes, and those who have donated them is attached at Schedule 8.2.5. Should Council endorse this request any further prizes received would be included in the prize list up to the time of advertising the incentive scheme. Following the due date a list of those who have paid in full and are eligible for a prize will be prepared. A draw will then be made by the Shire President or Deputy Shire President, with the public entitled to be present to watch the draw. The date of the draw will be advertised in advance. Following the draw prize winners will be contacted, and the results of the draw will be publicised. Background In previous years the Shire have offered prizes by way of incentive to rate payers to pay their rates in full by the due date. However, the incentive competition has not been run for a couple of years, and staff report that there have been requests to bring back the incentive scheme. Therefore, there have been attempts over the last couple of months to be source suitable prizes from local businesses. Given the list of prizes at Schedule 8.2.5 the recommendation to Council is that we are now in a position to run an incentive prize scheme should Council endorse this item. Consultation There has been internal consultation, and contact made with a number of businesses to request donation of a suitable prize for an incentive scheme. Statutory Environment Local Government Act, 1995 6.46. Discounts Subject to the Rates and Charges (Rebates and Deferments) Act 1992, a local government may, when imposing a rate or service charge, resolve* to grant a discount or other incentive for the early payment of any rate or service charge.

emccs

Typewritten Text

Schedule 8.2.5

* Absolute majority required. Relevant Plans and Policy There is no current policy relating to the running of a Rates Incentive Scheme. Financial Implications Council are being requested to grant money towards this scheme so there is a financial implication, however the aim of the scheme is to persuade more rate payers to pay their rates on time which will assist both in cash flow and in reducing the administrative and potentially legal costs required to be expended to chase payment of rates. Risk Assessment Nil. Community and Strategic Objectives Outcome 5.4 Long-term financial viability.

5.4.1

5.4.2

5.4.3



Implement long term financial planning.

Comment As mentioned, the Shire of Carnarvon has run this type of promotion previously, but has not done so for a couple of years notwithstanding several comments from rate payers indicating they feel this incentive should be offered again. Notably, there are many other local governments who also run this type of incentive scheme, but unfortunately there are no statistics from previous years regarding any increase in the number of people paying their rates in full by the due date to be certain whether the scheme is effective in Carnarvon. It is however right to say that the Shire carries a large unpaid debt which stretches back for some time. Although efforts are being made to deal with this debt, which is both costly and time consuming, it is the officer’s point of view that anything which assists in timely payment of rates income and reduces administrative burden warrants favourable consideration. OFFICER’S RECOMMENDATION That Council:

1. In accordance with the provisions of Section 6.46 of the Local Government Act 1995, endorse an early payment incentive scheme for payment of rates and charges (inclusive of all current and arrears of rates applicable to specified area rates, emergency services levy, domestic refuse charge and private swimming pool inspection fees) by the due date on the annual rate notice, for eligibility to enter the early incentive prize draw;

2. Endorse the granting of $500 as the Shire’s contribution towards the incentive prize draw, to be

allocated in the 2016/17draft budget;

3. Note and formally acknowledge in appreciation the list of donated prizes listed in Schedule 8.2.5 of this report with special mention of the major prize being two return airfares (Carnarvon to Perth)

donated by Skippers Airlines;

4. Authorise the Chief Executive Officer to finalise any additional Prize Package Sponsors and Other Prize Sponsors.

(Absolute Majority Required)

8.2.6 LOTTERYWEST GRANT APPLICATION – ROTARY PARK File No: 1C0127

Date of Meeting: 26 July 2016

Location/Address: Rotary Park, Crown Reserve 19145

Name of Applicant: Carnarvon Rotary Club

Name of Owner: Shire of Carnarvon

Author/s: John Nuttall, Executive Manager Corporate Services

Declaration of Interest: None

Voting Requirements: Simple Majority

Summary of Item: Carnarvon Rotary Club have approached the Shire to request assistance by way of a grant application to be made to Lotterywest for landscaping and beautifying of the Rotary Park site. As the Shire has a management order over Rotary Park it is required to make the application and auspice any grant funding provided. Description of Proposal: This proposal is to obtain Council’s support and assistance in securing grant funding for a range of proposed improvements to Rotary Park involving landscaping and beautifying the site, inclusive of completing pathways to allow for easier access. Background: In June 2015 a memorandum of understanding was signed between the Shire of Carnarvon and Carnarvon Rotary Club (Schedule 8.2.6). As mentioned, the Rotary Club are endeavouring to make significant improvements to the Rotary Park area, and have long term plans to greatly enhance the area. As part of these plans they wish to apply for funding through the Lotterywest grant scheme to continue with landscaping and beautifying the site, to include completing pathways to allow for easier access. The Carnarvon Rotary Club have indicated they have recently made an application themselves to Lotterywest, which was rejected due to them not having management over the area. Accordingly they have subsequently approached the Shire to ask, in line with the memorandum that an application for funding for this project be made by the Shire. For some time the local Rotary Club have been interested in improving the Rotary Park area, and have undertaken some good work with their own resources, however, in order to progress further additional funding is required. While Lotterywest appear supportive, there is a need for the Shire make an application in the hope that Lotterywest will provide the required financial assistance. Consultation:

There have been discussions between Carnarvon Rotary Club officials and officers regarding this

request.

Statutory Environment: Nil

Relevant Plans and Policy: This matter relates to Council Policy C017 – Volunteers. As extracted from this Policy the Council has

a general responsibility to:

Provide a safe work environment.

Manage volunteers in a structured and professional manner.

Provide appropriate insurance coverage.

Provide out of pocket expenses where appropriate.

Recognise volunteer contributions.

Promote volunteering in the community.

Oversee the day to day responsibilities of volunteers at work.

Assist with administration requirements outside a volunteer’s usual day to day responsibilities, such as completing accident and injury forms, or declaring gifts in Council’s Gift Register.

Additionally, there is a Memorandum of Understanding between the Shire of Carnarvon and the Carnarvon Rotary Club that acknowledges the voluntary contribution and outlines the role of both parties in managing and enhancing this reserve. Financial Implications: The grant application will be made on the basis of there being no financial contribution from the Shire, so there should be no financial implications to the budget other than officer time to administer the grant funding if approved by Lotterywest. Risk Assessment: There is not an identifiable risk to the Shire, although the Council does need to be mindful that it carries the overall responsibility for improvements to the Reserve and accountable for any grant funding received. In this context the works performed will need to be overseen by the Shire Infrastructure Section and expenditure of external funds managed by the Shire Governance Section. Community & Strategic Objectives:

Comment: It should be acknowledged the Carnarvon Rotary Club are working hard to improve this area of

Carnarvon, which is one of the first places that visitors to the town often see and/or visit when

travelling form the north.

Given the work the Rotary Club is undertaking on a voluntary basis, the fact that the Shire has the

management order over the reserve, and the memorandum of understanding which was agreed last

year, it would seem appropriate that the Shire assist the Rotary Club in line with Council Policy C017

to apply for a grant with Lottery to assist them with the regeneration works to the park. However, it

is recommended this be conditional on the Shire Infrastructure Section overseeing the works, and the

grant funding (if secure) being managed by the Shire’s Governance Section to ensure accountability

of the expenditure.

OFFICER’S RECOMMENDATION

That Council authorise the Chief Executive Officer to apply to Lotterywest for grant funding to be used for the landscape and access improvements to Crown Reserve 19145 (Rotary Park), as

identified by the Carnarvon Rotary Club, with such funding if approved to be expended and acquitted in line with the governance protocols of the Shire and the proposed works to be overseen by the Shire’s Infrastructure Directorate.

8.2.7 GASCOYNE FOOTBALL ASSOCIATION – REQUEST FOR FINANCIAL ASSISTANCE File No: 3R0212


Location/Address: Premier Oval, Festival Grounds, Carnarvon

Name of Applicant: Paul Kelly, Gascoyne Football Association



Declaration of Interest: None

Voting Requirements: Simple Majority

Summary of Item: This item deals with various requests made by Mr Paul Kelly, Event Manager, on behalf of the Gascoyne Football Association (GFA) relating to the forthcoming Western Australian Football League (WAFL) game to be held on 6th August 2016. Description of Proposal: This matter relates to additional support from the Shire toward the scheduled WAFL football game to be held in Carnarvon on 6th August 2016 in the form of waiving the aircraft and passenger landing fees. Background: The GFA have been liaising with the Shire for a few months regarding the forthcoming WAFL game. As Council would be aware, a ticket box is being constructed at the Festival Grounds to coincide with this game, with two thirds of the expense absorbed Council as part contribution to this event. Additionally, the Council has expended considerable funds to ensure the Premier Oval and surrounds adequately accorded with the WALF’s requirements and expectations. Following these contributions, in correspondence dated 1st July, as presented in Schedule 8.2.7(a), and handed to officers of the Shire on 4th July, the GFA requested further financial support from the Shire in relation to a range of matters including deployment and removal of signage, supply and collection of rubbish bins, and continued preparation of the ground together with the waiving of various fees, and funding of a Traffic Management Plan for the event by Council. However, on requesting further information, the only financial assistance now being sought is deployment and removal of signage, supply and collection of bins, and continued preparation of the ground and the waiving of the landing and passenger fees relating to the WAFL teams flying into Carnarvon. Correspondence that reflects the various requests is offered at Schedule 8.2.7(b), Schedule 8.2.7(c), and Schedule 8.2.7(d) to this report. Consultation:

There has been ongoing discussions between Shire officers and GFA officials.

Statutory Environment: Local Government Act, 1995

6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money;

(b) waive or grant concessions in relation to any amount of money; or

(c) write off any amount of money,

which is owed to the local government.

* Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of

rates and service charges. (3) The grant of a concession under subsection (1)(b) may be subject to any conditions

determined by the local government. (4) Regulations may prescribe circumstances in which a local government is not to

exercise a power under subsection (1) or regulate the exercise of that power. Relevant Plans and Policy: Council Policy C017 deals with the waiving of fees. However given that the request is from and on behalf of WAFL who do not meet the criteria in the policy, this matter has been referred to Council to determine. Financial Implications: There are implications for Council and the budget should they choose to support the requests made by the GFA. Particularly, the request from WAFL is to waive almost $4000 worth of fees. Risk Assessment: Nil. Community & Strategic Objectives: Outcome 3.4 Improved passive and active leisure and recreation facilities Key Partners

3.4.1

3.4.2

3.4.3

3.4.4

3.4.5

3.4.6

Develop a shire recreation plan to establish the needs, maintenance and DSR improvements of all sporting and recreation facilities, identifies opportunities to rationalise and optimise current public open space areas and facility usage, and reviews financial viability.

Support and promote recreational and sporting events and DSR organisations through the Club Development Program.

Encourage residents to lead healthy lifestyles through participation in DSR passive and active recreational pursuits.

Comment: Informally the Council has supported the WAFL game being brought to Carnarvon, and undoubtedly it will deliver positive benefit to the local community and potentially bolster tourism. To that end, there has been a great deal of effort, time and money spent on bringing the ground up to the required condition, arranging the ticket box and working with the GFA on organisation of the event. In relation to the requests made there should certainly be no difficulty (although some cost) in assisting with some of the requests, such as deployment and removal of signage, supply and collection of bins, and continued preparation of the ground. These requests will be dealt with at officer level, with confirmation already having been provided by Infrastructure Services that they are able to assist with a level traffic management and rubbish collection. However, it is more difficult to recommend waiving fees associated with WAFL arranged flights, given:

The associated costs and/or loss of revenue to Council;

The commercial nature of the WAFL;

The GFA are able to charge at the gate to the event, and therefore could contribute to the WAFL by covering this cost;

The Council has already substantially contributed to the WAFL game and the GFA. OFFICER’S RECOMMENDATION’S:

That Council advise the Gascoyne Football Association that it is prepared to offer addition support of the WAFL football game on the 6th August 2016 in the form of erecting traffic signage and placing/removing additional rubbish bins, but declines the request put forward by from WAFL to waive the landing and passenger fees pertaining to the teams flying to Carnarvon, and accordingly suggest some of the gate revenue from the event be used to assist the WAFL in meeting its costs.

8.2.8 HMAS SYDNEY MEMORIAL File No: 3C0414


Location/Address: Olivia Terrace, Carnarvon

Reserve 42702, Lot 1309 on P92154 Olivia Terrace Carnarvon

Name of Applicant: Shire of Carnarvon



Robert Pringle, Planning Officer

Declaration of Interest: Nil

Voting Requirements: Simple Majority – Working Group Recommendation

Simple Majority – Officer Recommendation 1

Absolute Majority - Officer Recommendation 2

Previous Items: 15 December 2015

Summary of Item: This report requests Council receive the minutes of the HMAS Sydney Working Group (12th May 2016), and approve the development and location memorials to seamen lost in the battle between HMAS Sydney II and HSK Kormoran off the coast of Shark Bay on 19th November 1941. The Working Group minutes can be found at Schedule 8.2.8 (a). Description of Proposal: The proposal within this agenda item is for Council, further to the recommendation from the HMAS Sydney working group, to approve the construction of two memorials as per the drawings below. The site recommended is on the Fascine foreshore adjacent to the old Courthouse carpark (see attached pictures) and will complement the Walk of Remembrance previously endorsed by Council. The memorials will incorporate a ten sided structure (See Figure 1) bearing the roll of honour of those lost from HMAS Sydney (plaques currently located at Cenotaph) with a smaller cairn located approximately fifty metres to the NW bearing the roll of honour of those lost from HSK Kormoran.

Figure 1 – Proposed HMAS Sydney Memorial (Detailed – Schedule 8.2.8 (b)

Figure 2 – HSK Kormoran Memorial cairn erected at a POW camp in Victoria, to be replicated.

Figure 3 – Site Plan for location of proposed monuments with zoning overlay

HMAS Sydney Memorial

(Significant Local Road Reserve)

HSK Kormoran

Cairn (Parks and

Recreation

Reserve CL42702) Robinson St at

Olivia Terrace

Start of Wall of

Remembrance

Location of

proposed Maritime

Public Art

Background: At the December 2015 Ordinary Council Meeting, Council endorsed a resolution (at Item 8.1.4) to:

1. Adopt the Fascine Hob Wall as the preferred location for the HMAS Sydney plaques creating a Walk of Remembrance;

2. Direct the Working Group to continue to investigate a possible HMAS Sydney II & HSK Kormoran Memorial site.

In line with the Council’s motion 2 above, Members of RSL, HMAS Sydney Working Group and other interested parties, including the representative of the descendants of the sailors lost from HMAS Sydney and HSK Kormoran, agreed on:

a) A design for the HMAS Sydney Memorial considered appropriate by those consulted; and b) A Cairn similar to that constructed by the HSK Kormoran survivors in honour of their lost

comrades at the POW camp in Victoria where they spent the rest of the war. The drawings of the HMAS Sydney Memorial have been provided free of charge by Dampier Salt Ltd and a local builder has constructed a model demonstrating the construction technique that could be used to create the structure. The Working Group is currently awaiting engineering approvals for the steel reinforcing and concrete specifications (also to be provided by Dampier salt at nil cost to the proponents). The engineering specifications are not required to obtain development approval, but would be required to claim exemption for works under $50,000 done by the local government without requiring a building permit to be issued. Consultation:

As mentioned above, members of the RSL, Naval Association, descendants of both HMAS Sydney and

HSK Kormoran and the HMAS Sydney Working Group have been consulted, and without exception all

have expressed support for the proposed design and selected locations on the Fascine foreshore.

However, it is acknowledged the proposal has not been widely promoted with the Community.

Therefore, Council may wish to instigate an online survey of the proposal for a period of two weeks,

consistent the Town Entry Statements, to gage community sentiment before proceeding to grant

Development Approval, noting the timeframe for completion of this project is extremely tight with an

allowance of three and a half months.

Statutory Environment: Planning and Development Act 2005, Shire of Carnarvon Town Planning Scheme No.10 and Local Planning Schemes Regulations 2015 Development approval of Council is required for all works within the designated Planning Scheme area unless specifically exempt by the Planning Scheme Regulations 2015 or a by local planning policy. No exemptions apply at this time. With this acknowledged both structures are proposed to be sited within reserve land vested in the Shire. In accordance with Section 3.2(c); Part III of Town Planning Scheme (TPS) No.10 the Council is granted authority to exercise discretion, having due regard for the reserve purpose. In this context, is suggested the proposed HMAS Sydney Memorial be located within the Olivia Terrace Road Reserve that has a designated purpose of ‘Important Local Road’. As for the proposed HSK Kormoran Cairn, the intent is for this structure to be positioned on the Fascine Foreshore Reserve that has a purpose of ‘Recreation’ under TPS No.10.

It is assessed that the proposed Memorials do not conflict with the designated purposes of these Reserves, particularly when taking into account recent enhancement of the Fascine Foreshore where the proposed Memorials are to be sited. Further, in line with Officer Recommendation 2 of this report, Section 82; Division 2; Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations, 2015 affords Council the ability to delegate its authority to the CEO to issue Planning Approval. Relevant Plans and Policy: Nil Financial Implications: There has been a substantial amount of fundraising in relation to the installation of the plaques on the fascine wall, and the event planned for November 2016. In this regard the draft 2016/17 budget already allocates $25,000 that is notionally committed to these initiatives. While quotations indicate a further $20,000 is needed for the respective memorial structures, currently there is no funds allocated by the Shire for this purpose. In light of this, the RSL is attempting to raise funds to cover the cost of the new memorials, however, the Council may also wish to give further consideration to increased funding through its forthcoming budget deliberations. Risk Assessment: There is a risk that should this resolution not be passed that the memorials will not be prepared and installed in time for the 75th Anniversary Celebrations taking place in November 2016. Community & Strategic Objectives:

Comment: Along with the event and the laying of the new plaques to form the Walk of Remembrance, these

proposed memorial sites are considered extremely important to commemorate the wartime history

and involvement of Carnarvon. Should they be able to be completed in time they would be a fitting

addition to the area as we head towards the 75th anniversary of the battle between HMAS Sydney and

HSK Kormoran. With the Working Group having discussed the proposed design and location for the

memorials at length during its most recent meeting in May 2016, it is the recommendation of the

Working Group that Council provide endorsement of the conceptual design and locations for the

respective Memorial structures.

However, from an officer perspective, and also acknowledging the limited timeframe available, it is

advisable the Council:

Promote the conceptual designs and location of the memorials for two weeks through the

Shire Website and Facebook page to invite community response on the proposal;

Delegate authority to the CEO to issue Planning Approval following the outcome of the

community promotion/submission period where there is majority support for the proposed

Memorials and selected locations.

As for additional funding, it is suggested this matter be discussed at the draft budget briefing that

immediately follows this Council meeting.

WORKING GROUP RECOMMENDATION That Council:

1. Receive the minutes from the HMAS Sydney Working Group meeting of 12 May 2016 as

presented at Schedule 8.2.8 (a) of this report.

2. Endorse the concept designs and locations for the proposed HMAS Sydney Memorial and

HSK Kormoran Cairn structures and their indicative locations, as presented in Figures 1, 2

and 3 of this report.

OFFICER RECOMMENDATION 1 That Council direct the CEO to promote the concept designs and locations of the Memorial structures

for a period of two weeks using the Shire Website and Facebook page to invite community response

on the overall proposal.

OFFICER RECOMMENDATION 2 That Council pursuant to Section 82 of Division 2; Schedule 2 of Planning and Development (Local

Planning Schemes) Regulations, 2015 grant delegated authority to the CEO to issue Planning

Approval for the proposed HMAS Sydney Memorial and HSK Kormoran Cairn structures and their

selected locations following the outcome of the community promotion/submission period where

there is majority support for the proposal.

(Absolute majority required)

8.3.1 REVIEW OF PEDESTRIAN ACCESS WAY CLOSURE REQUEST – LOT 302 ON P9347 WHEELOCK WAY, MORGANTOWN

File No: 4S0301 Date of Meeting: 26 July 2016 Location/Address: Lot 302 on P9347 Wheelock Way, Morgantown Name of Applicant: Gavin Griffiths Name of Owner: State of WA; Author(s): Robert Pringle, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple majority Previous Reports: 29 January 2015 (Special Meeting); 28 April 2015

Summary of Item: This report relates to a review of Council’s decision FC 27/4/15 in relation to the Pedestrian Access Way (PAW) closure over Lot 302 on P9347 Wheelock Way, Morgantown. Over the past year, various correspondence has been passed between officers and the Departments of Lands and Planning. Council’s request to permanently close the property and PAW was refused by the Planning Commission due to insufficient rationale and study into the closure. A system of gates locked nightly is the current preferred outcome at an officer level, with emphasis on the need to further study the access way and alternative resolutions to the issue. Description of Proposal: The recommendation before Council consists of two components:

1. Night-time Closure of the Pedestrian Access Way (shown in Figure 1) by way of fencing and gates which would be locked overnight.

2. Detailed study to be carried out, if possible through the Public Open Space Strategy, to satisfy the requirements of the Department of Planning in respect to their approval to permanently close a PAW.

Figure 1 – The Public Access Way (Lot 302) and its environs.

Night-time Closure: A night-time closure has been supported by Department of Lands (correspondence, Schedule 8.3.1 (a)) as an alternative to fully closing the PAW. This would be done by the Shire erecting fencing and gates at each end of Lot 302 authorising adjacent resident property owner’s responsibility in opening and closing the gates at set hours. The proposal would require agreement between the Shire and preferably adjacent property owners or alternatively external agencies who may reasonably and reliably provide this service. Potential organisations to seek agreements with would be:

- WA Police - Adjacent property owners - Private Security firms - Others, upon recommendation

A Development Approval and Building Permit are both required for the proposal. The officer envisages permeable fencing (wire mesh or garrison style) as the preferred material to allow surveillance of the site when closed. Neighbourhood Network Permeability Study The closure request submitted to the Western Australian Planning Commission was not supported, specifically because there was limited evaluation of the pedestrian network permeability within the surrounding neighbourhood. This involves a detailed analysis of users and their habits, alternative routes, barriers, maintenance costs, and other factors which would show whether the access way is the best possible route for the needs of the neighbourhood. A draft brief is currently being prepared for a Public Open Space Strategy to be performed under the direction of the Shire administration, and will be presented to Council for endorsement in the coming months. The brief will include scope for the neighbourhood permeability study to be undertaken. Other PAWs have been closed in the past in the Brockman locality, though these closures have resulted in locked gates at all times, with the subject land maintained and utilised as service/utility corridors. Background: Lot 302 is a public access way and not a dedicated road reserve (or any other reserve). From the Certificate of Title, Lot 302 is owned by the State of Western Australia with the responsible agency being the ‘Department of Lands’.

Lot 302 is also vested under Section 20 of the (then) Town Planning and Development Act, 1928 as a public access way. Council at its January 2015 Council Meeting resolved to seek community consultation prior to determining whether it was prepared to support public access way closure. It would also appear that a portion of Lot 302 may be located within the fence-line of adjoining Lot 139.

The Department of Lands, as the responsible agency, was initially consulted in respect to closing the ‘public access way’. The Department of Lands have stated that they will seek any view of the Council should the applicant directly request the Department to close Lot 302 ‘public access way’. It is appropriate for Council to deal with the proposed ‘public access way’ closure as if it were a closure as per Section 58 of the Land Administration Act, 1997.

Community consultation was undertaken through a notice in the newspaper and a sign on site over a 35 day period in March and April 2015. Seventeen (17) submissions were received during the community consultation with 15 objections to the proposal and two (2) submissions in support of the public access way closure.

Council, in considering the closure submissions, made the following determination:

FC 27/4/15 COUNCIL RESOLUTION

Cr Brandenburg/Cr McMahon 1. Note the submissions received (Schedule 8.3.5(iv)) in relation to community

comments in relation to the closure of Lot 302 public access way. 2. Advise the Department of Lands that the request received to close Lot 302 public

access way is supported irrespective of the majority of community submissions received.

DRAWN F2/A2

In accordance with Section 5.21(3) of the Local Government Act 1995 the Shire President utilised his casting vote and the motion was carried.

CARRIED F3/A2

Cr March and Cr Fullarton voted against the motion (Note to Minute – Council is aware of the continuing anti-social behaviour which is occurring in this laneway and considered for the safety of the surrounding residents that closure of this laneway be supported.)

Following on from Council’s resolution, officers wrote to the Department of Lands to request the closure and were told they additionally would require support from the Western Australian Planning Commission (WAPC). The WAPC outlined what information would be required to be submitted, which included:

1. Consideration of the Closure of Pedestrian Access Ways Planning Guidelines (2009).

The officers prepared a closure request in the method prescribed where a local government Pedestrian and Cycle Access Plan has not been prepared. The officers assumed that where no plan had been prepared, the information provided in the previous Council report would be sufficient.

2. Agreement between the adjacent landowners regarding the proposed tenure of the closed land.

The adjacent landowners made written submissions confirming that Mr. Griffiths would be interested in purchasing the land.

3. Agreement by the prospective purchaser in relation to the costs of relocating services, if required.

A detailed investigation was carried out with the service providers to determine what services run through the area. Telstra, Horizon Power and Water Corporation all have services that run through Lot 302. The cost of relocating the services was not viable for the applicant. It was put to the WAPC that the prospective purchaser would entertain an easement over Lot 302, but would not be in a financial position to relocate the services.

In May 2016, response to the closure request was received from the WAPC, indicating that the closure would not be supported (as previously mentioned), unless more information was provided in relation to a network permeability study. This information was relayed to the Department of Lands, seeking any guidance or assistance to move forward.

The Department provided advice for the shire to consider other crime-prevention strategies, one of which would be to restrict access to the PAW during certain hours. This option appears to be the best short-term solution, and as such is recommended for consideration. Other strategies such as responding quickly to vandalism/graffiti and lighting have not been deterrents to anti-social behavior. Surprisingly, the issue has also not been resolved despite the relocation of the Police and Justice Complex to the neighbouring site.

It should be noted that during the time since this item was last reported to Council, vandalism and arson incidents have continued in the area. The applicant has recently been granted development approval to construct an outbuilding (garage) that was damaged in a fire.

Consultation: As listed in the Background section of this report, there has been frequent consultation with the Departments of Lands and Planning in relation to the closure request. Additionally, service providers were contacted for information relating to costs to relocate services. Consultation will be required to determine the appropriate opening and closing hours of the proposed gates. Dusk to dawn would be the most sensible, but these times vary between summer and winter months and have impacts to regular evening and early morning users of the PAW. Further consultation would be required for the network permeability studies. It would be beneficial for this to be a part of the Public Open Space Strategy, as there could be more consideration given to the surrounding parkland function and role in the community. Statutory Environment: Town Planning and Development Act 1928: s20 Lot 302 is not a reserve but rather a parcel of land owned by the State of Western Australia. Lot 302 is vested under Section 20 of the (then) Town Planning and Development Act 1928 as a ‘public access way’. Relevant Plans and Policy: Guidelines for closure of public access ways (2009) The Shire can only propose a closure of the public access way in accordance with the Guidelines for Closure of Public Access Ways. The WAPC requires a network permeability study to be carried out to justify the closure. Designing out Crime Planning Guidelines (2006) The guidelines are typically used for designing public spaces to minimise potential for crime, but can also be used (as in this case) to react to and mitigate anti-social behavior in public spaces. As noted in the background section, lighting has already been implemented and is not an effective deterrent to the anti-social behavior. Financial Implications: The cost of installing gates and fencing at either end of the PAW will need to be borne by the Shire. The specific cost allocation has not been determined, but may form part of a request for budget variation at the time of budget adoption with a suggested estimate of $2,000. There may also be a cost component to the implementation of a roster to provide access. Suggestions have been raised that technologies for automatic locking be considered, though this is likely to increase the costs, and therefore is not a practical consideration at this stage. Risk Assessment: Prior installation of gates at PAW entries has resulted in damage to the gates and adjacent fencing. It is likely that similar vandalism will occur to this site, especially given the history of vandalism to the neighbouring property. Prior to completion of works, the Shire should have agreement(s) and a roster in place with key holders to ensure that access is provided, as indicated. Public safety considerations have also been raised, as the pathway already forms a ‘predicted path’ with potential for further anti-social behavior. By introducing gates, it is possible for partial closure to also become an entrapment area with only one or no exits.

Community & Strategic Objectives: The primary objectives expressed in the Carnarvon Strategic Community Plan 2011 in relation to this matter are:

Outcome 1.3 Improved Shire infrastructure

1.3.3 Construct, improve and maintain the Shire road network, including verges, drainage and

pathways in line with best practice asset management procedures.

Outcome 2.5 Improved physical quality of the built environment.

2.5.1 Develop and maintain township streetscapes, parks, gardens and open spaces in accordance

with aspirations of the community.

2.5.3 Maintain and develop roads, verges, footpaths and other infrastructure to a consistently high

standard.

2.5.9 Develop and implement a footpath / dual-use pathway plan.

Comment: The proposals represent an interim compromise to assist in the reduction of anti-social behavior, while the Shire administration further investigates long term planning for pedestrian movement. The Shire staff also recognises that there is persistent anti-social behavior in the area and that some change is required, but cannot permanently close the PAW without an appropriate study being carried out. In the submission period related to the closure request, there was a clear indication from the public that the path is used regularly, including by people with a range of mobility needs. The studies undertaken should be considering alternatives to the current arrangement. There is a possibility to relocate the footpath through other ‘rights of way’ to Glass Park. A locked gate system could come in many forms. Suggestions have included automatic locking gates (timers, auto-shut systems with an implied power requirement) and also punch-lock systems. These systems should be investigated, but each has potential limitations, costs, and risks (where people could be locked in by automatic systems). It is noted that the Carnarvon Strategic Community Plan 2011, objective 2.5.9 specifies to “Develop and implement a footpath / dual-use pathway plan” should be considered in the near future in addition to whatever study is achievable through the Public Open Space Strategy. The Footpath / Dual-use pathway plan would involve public consultation to fully identify the needs of the community for pedestrian access, and may reveal that there is a better solution to improving pedestrian access and permeability. This interim arrangement would also lead to a quick implementation of a partial closure, and if successful in curbing the anti-social behaviour could remain in the long term. Council could also exercise the option at a later date of permanently closing the gates if required with access available for emergency services and utility providers only. OFFICER’S RECOMMENDATION That Council in relation to the proposed closure of Lot 302 on P9347 Wheelock Way Carnarvon direct the CEO to:

1) Investigate:

a) An accurate cost for provision of visually permeable lockable gates at either end of the existing Public Access Way (PAW), with the gates to be opened daily for pedestrian access.

b) The cooperation of the adjacent landowners to sign a Memorandum of Understanding (MOU) accepting responsibility for the opening and closing of the gates on a daily basis.

c) The views of Shire Rangers, utility providers, the WA Police, Emergency Service Organisations, private security firms, and others who may require access to the PAW.

2) Upon recommendation 1 being concluded, refer the matter back to Council for consideration of

budget allocation and development approval.

8.3.2 DEVELOPMENT APPLICATION: ADDITIONAL 15 AGED LIVING UNITS AT GASCOYNE MEMORIAL FOUNDATION SITE & VEHICLE ACCESS THROUGH SENIOR CITIZENS CENTRE SITE

File No: A3095; P56/16 Date of Meeting: 26 July 2016 Location/Address: Lot 1000 on D66171 (HN7-11) George Street, Brockman Lot 1 on D84081 (HN 3) George Street, Brockman Name of Applicant: Hodge Collard Preston Architects for Department For Housing Name of Owner: Gascoyne Memorial Foundation Inc Author/s: Robert Pringle, Planning Officer Declaration of Interest: Nil Voting Requirements: Officers Recommendation 1 – Simple Majority Officers Recommendation 2 - Absolute Majority Previous Report: FC 6/9/15 22 September 2015

Summary of Item: A development application has been received seeking development approval to construct an additional 15 independent aged living units on the Gascoyne Memorial Foundation (GMF) site on George Street. Pursuant to FC 6/9/15, the proposed works include a vehicle crossover through the adjacent Senior Citizen’s Centre property (Lot 1) that has received previous endorsement from Council. The application also seeks a waiver of development application fees and minor R-Codes variations, but overall is recommended for approval. Description of Proposal: The development application provides for the next phase of expansion for the Gascoyne Memorial Foundation, which is supported by the Department of Housing and Royalties for Regions funding. A total of 15 independent living units are proposed in attached duplex-style arrangements. Key features of the proposal includes:

- Single bedroom units designed for independent living, but also full accessibility in accordance with the Australian Standard and National Construction Code. (Floor plan – Figure 1)

- Each new unit has a car parking space with carport. This and additional variations to car parking on the site will result in a total of 55 car parking spaces being provided. 14 Visitors car parking spaces would be required under the Residential Design Codes, however all indications from GMF indicate that car ownership amongst tenants is low, as is the number of visitors.

- Primary alignment of the new units is along the George Street boundary and the internal access road (re-aligned), which improves street interaction of the site and contributes to street surveillance.

- The George Street frontage will feature a retaining wall with common front footpath above, accessed at the north and south entries (no access direct to George Street from each unit, see Figure 2).

- Modification to existing landscaping, internal street and car parking, mail boxes, and footpath access to Lot 1.

- Internal 2-way street, preventing turn-around currently required for rubbish truck access. Includes stormwater drainage to tie-in with George Street drain system.

- Sliding security gates installed at north vehicle entry and south property boundary vehicle access. A request from Gascoyne Memorial Foundation has been made to waive the development application fee (Schedule 8.3.2 (a)), which would total over $11,000.

Figure 1 – Typical Floor Plan

Figure 2 – Artists impression street frontage

Figure 3 – Site Plan (Detail in Schedule 8.3.2 (b) – for inspection of plans, a scale copy has been made available at the Shire office and will also be available for review at the Council Meeting.

Background: The Gascoyne Memorial Foundation was established to provide independent living choice for returned service pensioners. Development of the Gascoyne Memorial Foundation property has occurred in stages since the 1980s. Currently there are 35 units on the property, with one unit serving as a site office for the property manager. Additional units for the site have been in the planning phase since at least 2013. The primary delay has been in securing all funds to be able to expend the money fully in a financial year. Some site preparation works were also required, along with technical surveys to confirm locations of services which will be affected by the new development. The area proposed for new development has formed either part of car parking areas or vacant open space since the site development began. There are a variety of services located in the development area which will need to be relocated. Consultation: Over the past year the Department of Housing and GMF have worked towards preparing detailed plans for the works. Pre-lodgement consultation has been carried out, with the applicants having face-to-face meetings on at least three occasions prior to lodgement. The plans have been considered by the building, environmental health and infrastructure sections of the Shire, with any issues raised by these departments primarily resolved during the pre-lodgement period. The development of grouped housing is a use subject to the discretion of the Council. Advertising of the proposal is not required, as there are no R-Code variations which affect neighbouring property owners. Statutory Environment: Planning and Development Act 2005, Town Planning Scheme No.10 and Local Planning Schemes Regulations 2015 Lot 1000 George Street, Brockman is zoned ‘Residential’ with a housing density of R50. Accordingly, the proposed Grouped Housing development is subject to development approval as this use is deemed ‘AA’ which defaults to Council’s discretion, and must also meet the Residential Design Codes (R-Codes) standards pursuant to Section 6.1 of Town Planning Scheme No.10. Additionally, Council is able to determine the application pursuant to Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 - Schedule 2. Local Government Act, 1995 Specifically, Section 6.2(b) of the local Government Act, 1995 affords Council the ability to waive payments as outlined below:

6.12. Power to defer, grant discounts, waive or write off debts

(1) Subject to subsection (2) and any other written law, a local government may —

(a) when adopting the annual budget, grant* a discount or other incentive for the early payment of any amount of money; or

(b) waive or grant concessions in relation to any amount of money; or

(c) write off any amount of money,

which is owed to the local government.

* Absolute majority required.

(2) Subsection (1)(a) and (b) do not apply to an amount of money owing in respect of rates and service charges.

(3) The grant of a concession under subsection (1)(b) may be subject to any conditions determined by the local government.

(4) Regulations may prescribe circumstances in which a local government is not to exercise a power under subsection (1) or regulate the exercise of that power.

Relevant Plans and Policy: State Planning Policy 3.1: Residential Design Codes The R-Codes apply to this property and must generally conform to the density coding R50. However, aged and dependent persons units and single bedroom units are given concessions for a number of the deemed-to-comply requirements under the R-Codes. In this regard assessment of the application has been completed accounting for the relevant provisions of the R-Codes. Financial Implications: It is recommended the Council consider an agreement for partial financial liability of the long term maintenance of the driveway access on the adjoining Lot 1 (Senior Citizens Hall site) owned by the Shire. An instrument of agreement or an easement is required to clearly acknowledge the reciprocal rights of access to both landowners and ongoing maintenance in perpetuity. As for the request to waive the planning application fee of $11,281, this is considered reasonable given:

The GMF is a ‘Not for Profit’ organisation and the waiver of fees will assist in funding the development;

The Council has in the past waived the local government planning and building application fees for similar developments by ‘Not for Profit’ organisations that deliver a social benefit, including the One Mile Jetty Heritage Museum and St Johns Ambulance.

Risk Assessment: As mentioned, a formal agreement or easement is required between the Shire and Gascoyne Memorial Foundation to permanently recognise access across Lot 1. An agreement is also needed in regard to liability and shared cost arrangements for maintenance and repair into the future. Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcomes as expressed in the

Carnarvon Strategic Community Plan 2011:

Outcome 1.2 Increased availability of serviced residential, commercial and industrial land.

1.2.3 Facilitate and / or participate in the development of Shire, State Government and private

sector land holdings.

1.2.4 Investigate joint ventures to develop commercial, residential and industrial properties.

Outcome 3.7 Housing and transport options that respond to our community’s needs.

3.7.1 Advocate for the development of appropriate housing options for youth and disadvantaged

groups such as affordable or community-based housing.

3.7.4 Facilitate and possibly participate in the development of a lifestyle village for seniors.

Comment: The proposed development is a significant addition to the Gascoyne Memorial Foundation site, increasing the availability of independent living units and therefore providing increased housing options in Carnarvon for aging in place. The application proposes only minor variations to the development requirements of Town Planning Scheme No. 10 and the Residential Design Codes, primarily in relation to car parking requirements. There are two considerations given to the request to provide less than the required number of car parking spaces: 1. The development is in close proximity to a number of commercial and recreational facilities, with well

constructed footpaths leading to the Senior Citizen’s Hall and the Carnarvon Central Shopping Centre and CBD. This encourages active lifestyle for residents, as it would take almost as long to get into a car and drive to the shops and services as it would to walk.

2. The majority of residents do not own a vehicle, nor do they tend to receive visitors with any regularity that parking is a major concern.

In light of the above, requiring an additional amount of car parking spaces on the property or arranging for car parking in the adjacent Senior Citizens Hall car park is unnecessary and would increase the cost of the project. In terms of meeting development objectives such as ensuring sufficient outdoor living areas, providing for accessibility, encouraging street surveillance, and other factors addressed in the Residential Design Codes, this proposal has been thoroughly planned to meet and exceed many of the objectives. As the plans have previously been scrutinised by the Development and Infrastructure Departments, most of the standard development conditions have been addressed, or are not considered necessary for the development approval. Just ahead of finalisation of this report, the civil engineer engaged on the project requested consideration for lighting and complementary services to be constructed within Lot 1. This forms a condition of development approval to be shown on plans submitted with a building permit application. OFFICER’S RECOMMENDATION 1 That Council,

1. Pursuant to Clause 68 of the Planning and Development (Local Planning Schemes) Regulations

2015 Schedule 2 and the Shire of Carnarvon Town Planning Scheme No. 10 grant development

approval for application P56/16 A3095 for development of land at Lot 1000 on D66171 (7-11)

George St Brockman for Grouped Housing (additional fifteen (15) aged independent living units)

with driveway and footpath access across Lot 1 on D84081 (HN 3) George Street, Brockman subject

to the following conditions:

a. The development is to be generally in accordance with the approved plans (Schedule 8.3.2

(b)) dated 26 July 2016, except as modified by conditions of this approval.

b. Prior to commencement of construction of the Grouped Housing development on the Lot

1000 and Lot 1, a legal agreement is to be prepared by the applicant that recognises

reciprocal access across Lot 1 to the benefit of the Gascoyne Memorial Foundation and the

Shire of Carnarvon with shared recurrent maintenance costs to be met by both parties.

c. All stormwater is to be captured on site and delivered to the connecting drainage system

in George Street, as indicated in plans attached as Schedule 8.3.2 (c).

d. The crossover, driveway access and pathways shall be constructed to a sealed impervious

standard to the satisfaction of the Local Government with minimal kerbing to achieve a

seamless transition and negate tripping hazards.

e. Lighting and other additional services to be located on Lot 1 to be shown on plans

submitted with a building permit application.

2. Provide the following advice notes in addition to the regulatory notes with the notice of determination on the approval granted in item 1:

a. This approval does not confer approval under other relevant legislation, including but not

limited to, the Building Act 2011 and Health Act 1911. It is the responsibility of the

Applicant to determine any necessary approvals required and obtain such approvals prior

to the commencement of development and use. However to assist in understanding the

necessary requirements and approvals, further information can be obtained by contacting

the Shire of Carnarvon Building Services and Environmental Health Departments on (08)

9941 0000.

b. Works to be carried out on Lot 1 D84081 and other works in the road reserve should be

coordinated in consultation with the Shire’s Infrastructure Services Department.

OFFICER’S RECOMMENDATION 2 That Council pursuant to Section 6.2(b) of the local Government Act, 1995 waive all local government planning and building application fees applicable to this development in recognition of the Gascoyne Memorial Foundation being a ‘Not for Profit’ organisation, and the long-term benefits and rate return which would be achieved through provision of independent living units in Carnarvon. (Absolute Majority required)

8.3.3 PROPOSED DEVELOPMENT APPROVAL CARNARVON TOWN ENTRY STATEMENTS File No: 3C0417; 5D0231; 5D0233; P60/16 and P61/16 Date of Meeting: 26 July 2016 Location/Address: North West Coastal Highway (north and south) Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: 24 May 2016

Summary of Item: For Council to formally consider and grant development approval for the proposed town Entry Statements to be positioned on North West Coastal Highway to the north and south of Carnarvon. Description of Proposal: To install an entry statement structure to both the north and south of Carnarvon on North West Coastal Highway pending formal approval from Main Roads WA. A graphic design of the entry statements and respective location plans is provided in Figures 1, 2 and 3 below.

Figure 1 – Graphic Design

Figure 2 – Entry Statement North

Figure 3 – Entry Statement South

The Town Entry Statements are to be galvanized steel frame and aluminum clad construction, setback a compliant distance of approximately 10 metres from the road pavement of North West Coastal Highway, as

required by Main Roads WA. Background: By way of background a representative reference group consisting of Carnarvon Visitor Centre, Chamber of Commerce, Tourism WA, the Community and the Shire was established by Council in 2007, with the charter of guiding a rebranding process for the Shire. The Council also engaged Market Creations, a marketing organization from Geraldton, to also assist in this process. Market Creations conducted three workshops involving a varying range of stakeholders that resulted in key colours, theme and design being determined in what now constitutes the Shire of Carnarvon logo and positioning statement. This branding is now actively embraced and features prominently on the Shire website, promotional material, signage, stationary, staff uniforms and is also represented by some local businesses. Following the rebranding and recognised in preparing the Shire of Carnarvon Community Strategic Plan 2011, discussion was entertained by Council on establishing Town Entry Statements for Carnarvon, with funding being allocated in the 2015/2016 budget. As part of these discussions it was also indicated the Entry Statement signage should reflect the existing Carnarvon branding logo that had been developed through extensive consultation with the community, and broadly represents the respective industries that underpin the economic fabric of Carnarvon. Accordingly, staff sourced companies capable of delivering an Entry Statement that would represent the Carnarvon branding logo. This culminated in a number of similar design submissions and costings being received and presented to Council at a Corporate Information Session (CIS) in March 2016. This was to gauge if staff fully understood the brief before proceeding to obtain community feedback, and then presenting a formal report to Council. In May of this year, consultation was undertaken seeking community input followed by a report being presented to Council at its Ordinary Meeting where the Council resolved as follows:

FC 5/5/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 1 Cr Garrett/Cr B Smith That Council, with respect to new Carnarvon Town Entry Statements (one north and one south) endorse:

1) The conceptual design Option 1 as presented in this report; and

2) The progression of engineering design, fabrication and installation, subject to approval from Main Roads WA to have the respective structures located in the North West Coastal Highway road reserve, generally in the locations as presented in this report.

CARRIED F8/A0

FC 6/5/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION 2 Cr Garrett/Cr B Smith That Council, in consideration of Recommendation 1 above and pursuant to Regulation 33A of the Local Government (Financial Management) Regulations, approve a budget variation

allocating a further $20,000 from COA D003 – Various Floodway Enhancements to COA 4242 – Entry Statements.

CARRIED BY ABSOLUTE MAJORITY F7/A1

Subsequently, staff has progressed the proposal through consultation with Main Roads WA and fine tuning the Entry Statement design with the Kingman Visual, the company contracted to design and construct the entry statements. The purpose of this report is to obtain planning approval from Council, prior to obtaining formal approval from Main Roads WA and lodging an application for a building permit. Consultation: As mentioned, consultation was undertaken in May of this year with a total of 41 submissions being received that included all but one in favour of the Entry Statements being based on the Shire of Carnarvon branding/logo. Main Roads WA Carnarvon have also been consulted with in principal support expressed for the proposed signage and selected locations. Statutory Environment: Applicable to the proposed Entry Statements is Shire of Carnarvon Town Planning Scheme (TPS) No.10. TPS No.10 identifies North West Coastal Highway with a designated purpose under the Local Scheme Reserves section as ‘Major Highway’. Further, the interpretation of an Entry Statement pursuant to TPS No.10 is an ‘Advertisement’ defined as follows:

“Advertisement” - means any word, letter, model, sign, placard, board, hoarding, notice, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purposes of advertisement, announcement or direction and includes any structure, erection or wall converted to such use.

Notably Section 3.2(c); Part III – Reserve Land of TPS No.10 states:

3.2(c) In granting its Planning approval, the Council shall have regard to the ultimate purposes intended for the reserve and shall in the case of land reserved for the purpose of a Public Authority confer with that Authority before giving its approval.

Accordingly, the Council may exercise its discretion in relation to granting planning approval for the Entry Statements. Once approval is issued, formal consent is then required by Main Roads WA as the landowner. This can then be followed by a building permit being sought before construction of the Entry Statements can commence. Relevant Plans and Policy: While Council’s Planning Policy No.18 – Advertising Devices and Signage largely guides ‘Advertisements’, it does not cover Entry Statements. Therefore, the Council is required to exercise discretion in relation to this application. Financial Implications: Council initially allocated $50,000 in the 2015/16 budget (COA 4242), and then increased this amount to $70,000 through a budget variation at its May 2016 Ordinary Meeting. The additional $20,000 is to ensure

sufficient funds for earth works at both locations. Following this decision a purchase order was issued to Kingman Visual to progress the design works before proceeding with obtaining required approvals to ultimately commence construction. Therefore, allocation of the $70,000 has been carried forward to the 2016/17 draft budget. Risk Assessment: As both structures will be built in accordance with the Building Act 2011 (Category D Cyclone Rating) and located from a safe and approved distance from the road verge to both the north and south of Carnarvon, it is considered the erection of these signs will cause no risk specific to the Shire. Community & Strategic Objectives:

Outcome 1.1 Increased tourism within the region

1.1.1 Promote and support local and regional tourism initiatives.

1.1.4 Enhance and maintain existing Shire tourism facilities (also refer to 2.6.1).

1.1.5 Identify and further develop new tourism attractions and facilities.

1.1.6 Construct access and entry statements which invite travellers to visit the town centre.

Outcome 3.1 Carnarvon is a proud community and is a desirable place to live, invest and visit.

3.1.4 Encourage locals to talk Carnarvon up not down to promote a sense of community pride.

3.1.5 Provide opportunities for community participation to promote a sense of belonging.

Comment: It is apparent from the previous decisions of Council and public consultation that the proposed Entry Statements are supported. From a planning and land-use perspective the Entry Statements accord with Section 3.2(c) of TPS No.10, while the design and selected locations are to be determined at the Council’s discretion and subsequently accepted by Main Roads WA. OFFICER’S RECOMMENDATION That Council, pursuant to Clause 68.2 of the Planning and Development Regulations 2015, grant development approval for two Town Entry Statements within the North West Coastal Highway (P60/16 and P61/16), as shown in Figures 1, 2 and 3 of this report, subject to the following condition:

1. The development shall accord with the approved site plans dated 26 July 2016, except as otherwise required by Main Roads WA. An endorsed copy of the plans shall form part of the approval granted and shall not be modified or altered without the prior written approval of the Local Government.

shire of carnarvon agenda papers ordinary council meeting ... · notice of ordinary council meeting...

Documents