shire of carnarvon agenda papers ordinary council meeting · pdf fileshire of. carnarvon....

SHIRE OF CARNARVON

AGENDA PAPERS ORDINARY COUNCIL MEETING

24TH MAY 2016

Oridinary Council Meeting Agenda 24th May 2016 1

NOTICE OF ORDINARY COUNCIL MEETING

The next Ordinary Meeting of the Shire of Carnarvon Council will be held on Tuesday 24th May 2016 at Bills Tavern, Robinson Street Coral Bay, commencing at 10.30am.

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

2


AGENDA

1.0 ATTENDANCES & APOLOGIES

2.0 PUBLIC 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 – April/May 2016 ............................. 9 8.1.2 Proposed Carnarvon Town Entry Statements ........................................................... 14 8.1.3 Draft Policy E026 – Taking of Personal Leave ............................................................ 18 8.1.4 Draft Policy E027 – Use of Social Media .................................................................... 20 8.1.5 Reallocation of CLGF Funding – Carnarvon Civic Centre ........................................... 23

8.2 CORPORATE & COMMUNITY SERVICES

8.2.1 Accounts for Payment - April 2016 ............................................................................ 29 8.2.2 Management Report – April 2016 ............................................................................ 31 8.2.3 Investments – April 2016 ........................................................................................... 35 8.2.4 Baden Powell Hall Committee – Request for New Lease .......................................... 37 8.2.5 Creation of Council Policy – Fee Waiver .................................................................... 40 8.2.6 Financial Support Request – Liam Forrester ............................................................. 42 8.2.7 NAIDOC – Request to Waive Fees and Fly Aboriginal Flag ........................................ 44 8.2.8 Carnarvon Airport Fees and Charges for 2016/2017 ................................................ 47 8.2.9 Recision and Redetermination Motion – Brockman Park Structure Plan ................. 51 8.2.10 Intention to Impose Differential Rates for 2016/2017 .............................................. 60


8.3 DEVELOPMENT SERVICES

8.3.1 Proposed Closure Portion Olivia Terrace – Lot 2 ....................................................... 67 8.3.2 Development Application – Comms Tower at Shire Works Depot ........................... 74

8.4 INFRASTRUCTURE SERVICES

No Report

9.0 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

9.1 NOTICE OF ELECTED MEMBERS MOTION – COUNCILLOR QUESTION TIME DURING FULL COUNCIL

MEETINGS.

File No 1B0204 Date of Report 24 April 2016 Location/Address N/A Name of Applicant N/A Elected Member Cr Eddie Smith Reporting Officer Ian D’Arcy, Chief Executive Officer Financial Interest Nil

Background: This matter relates to an allocation of Public Question Time on the ordinary Council meeting agenda to provide the opportunity for Councillors to also ask questions of staff in the same protocol that the public do. It is understood from recent elected member training in Exmouth attended by a number of Councillors that this initiative is used by some other Local Governments to ensure questions and answers are placed on the public record for the benefit of the local community members who read the minutes to understand Councillors questions and staff responses. This Notice of Motion was initially presented to Council for consideration at the April 2016 Ordinary Meeting of Council wherein Council resolved as follows – FC 26/4/16 PROCEDURAL MOTION & COUNCIL RESOLUTION Cr Garrett/Cr March That this matter lay on the table pending further discussion at the next Corporate Information Session.

CARRIED F5/A2

Cr E Smith and Cr Nelson voted against the motion In accordance with Council Resolution FC 26/4/16 this matter was to be discussed at the May 2016 Corporate Information Session however, Cr Eddie Smith has requested that this Notice of Motion be referred to the May 2016 Ordinary Meeting of Council in accordance with Section 12.5(6) of Council’s Standing Orders which reads –


“Any motion that was subject to a resolution that the motion lie on the table and not dealt with subsequently at the same meeting, shall be included in the agenda for the next ordinary meeting.” Statutory Environment: This matter is required to be considered in relation to the following legislation:

Local Government Act 2005 5.24. Question time for public (1) Time is to be allocated for questions to be raised by members of the public and responded to at — (a) every ordinary meeting of a council; and (b) such other meetings of councils or committees as may be prescribed. (2) Procedures and the minimum time to be allocated for the asking of and responding to questions raised by members of the public at council or committee meetings are to be in accordance with regulations. Local Government (Administration) Regulations 1996 5. Question time for public, meetings that require prescribed (Act s. 5.24) For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by members of the public and responded to are — (a) every special meeting of a council; (b) every meeting of a committee to which the local government has delegated a power or duty. 6. Question time for public, minimum time for (Act s. 5.24(2)) (1) The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes.

(2) Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters. 7. Question time for public, procedure for (Act s. 5.24(2)) (1) Procedures for the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) are to be determined — (a) by the person presiding at the meeting; or (b) in the case where the majority of members of the council or committee present at the meeting disagree with the person presiding, by the majority of those members, having regard to the requirements of subregulations (2), (3) and (5). (2) The time allocated to the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) is to precede the discussion of any matter that requires a decision to be made by the council or the committee, as the case may be. (3) Each member of the public who wishes to ask a question at a meeting referred to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response. (4) Nothing in subregulation (3) requires — (a) a council to answer a question that does not relate to a matter affecting the local government; or (b) a council at a special meeting to answer a question that does not relate to the purpose of the meeting; or (c) a committee to answer a question that does not relate to a function of the committee.


(5) If, during the time allocated for questions to be raised by members of the public and responded to, a question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to — (a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question. Relevant Plans and Policy: It should be noted that the raising of questions by elected members to staff must be undertaken in a respectful manner in accordance with the Local Government Act, 2005 and Shire of Carnarvon Code of Conduct 2014. Importantly, the Code of Conduct in part states: 1.4 Relationships between Council Members, Staff and Contractors

refrain from publicly criticising staff or contractors in a way that casts aspersions on their professional competence and credibility. 4.8 Councillors Relationships with Staff and Contractors 6. Not publicly criticise staff in a way that casts aspersions on their professional competence and credibility. 7. There should be mutual respect and understanding between Councillors and staff or contractors in relation to their respective roles, functions and responsibilities. Financial Implications: Nil Risk Assessment: There is no perceived risk in relation to this proposal as it is no statutory requirement under the Local Government Act, 2005 to entertain questions from elected members and answers from staff on the public record. Community & Strategic Objectives:

Outcome 5.1 A well engaged and informed Community

5.1

5.1.2

5.1.3

Improve community awareness of Council's strategies, facilities and services.

Develop appropriate community consultation and communication strategies to enhance the decision-making process.

Develop processes to facilitate improved communication with all other stakeholders.

Elected Members Comment: It is considered that this initiative will provide feedback to electors on questions being asked of Councillors that are brought to Council. At this stage Councillors are asked questions and


in turn seek responses from the administration, however there limited capacity in recording the outcome for the community to gain this information. This has led to doubt amongst the community without formally recorded minutes of questions or concerns and responses being made available. Officer Comment The agenda format is set out and regulated under Section 5.2 of the Shire of Carnarvon Standing Orders Local Law 1998. In light of this the format cannot be altered without an amendment to the Local Law which needs to follow a statutory process, and would likely take a minimum of 12 months. However, as highlighted in the Statutory Section of this report the Council may use the balance of the Public Question Time for other matters, which can include questions from elected members provided this part of the meeting agenda does not exceed 15 minutes in total. Whilst there is no opposition to this initiative, it is important the Code of Conduct not be compromised. Therefore, should Council support the elected member motion it is promoted parameters applicable to Elected Member questions should be established, as listed below:

All Elected Member questions will only be considered following public questions where time permits;

Each Elected Member is limited to a maximum of 2 questions at each meeting;

An Elected Member is not to ask a question on a matter where a personal interest exists;

A copy of each question must be presented in legible writing to the Presiding Member and the officer recording the minutes prior to commencement of the meeting;

The Presiding Member may deny the question being presented should, in the opinion of the Presiding Member, the question be inappropriate in consideration of the Shire of Carnarvon Code of Conduct;

Any question asked by an Elected Member may be taken on notice in order the answer to be researched, with the respective question and officer response to be published in the minutes of the next ordinary meeting of Council;

Each question and answer is not to exceed 3 minutes, unless otherwise allowed by the Presiding Member, but in any event, will not exceed 5 minutes in total.

It should be noted that Regulation 7(1) of the Local Government (Administration) Regulations, 1996 affords the Presiding Member of the meeting to determine the procedures for the asking of questions. However, to ensure consistency it may be best if Council adopts the protocol by which questions from Councillors can be asked and answered.

ELECTED MEMBER’S MOTION That Council in accordance with Regulation 6(2) of the Local Government (Administration) Regulations, 1996 amend the Council Agenda for Ordinary Council Meetings by adding an Elected Member Question Time session that constitutes the balance of the Public Question Time.


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 2016 commencing at 8.30am.

12.0 MATTERS FOR WHICH MEETING TO BE CLOSED TO MEMBERS OF THE PUBLIC 12.1 Sundry Debtors Write Off (Confidential)

13.0 CLOSURE


8.1.1 ACTIONS PERFORMED UNDER DELEGATED AUTHORITY FOR THE MONTHS OF APRIL/MAY 2016 File No: AO3403 Date of Meeting: 24th May 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 of July/August 2015. Description of Proposal: 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 organization relative to delegated authority for the months of July/August 2015 and are submitted to Council for information.

COMMON SEAL

PLANNING The following approvals and advice were issued for the month of January 2016 under delegated authority:

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

A130 P34/16 Lot 4 on D054282 (HN 57) Cleaver St South Carnarvon

Oversize Outbuilding

S.E. Jordan 01/04/2016

A757 P26/16 Lot 1164 on P174588 7 Egan St Carnarvon (Town Oval)

Circus Loritz Circus P/L 05/04/2016

A291 P33/16 LOT 760 ON P206695 8 McLeod Street South Carnarvon

Retaining Wall and fence on rear boundary

Gascoyne River Concrete 04/04/2016

A601 P35/16 Lot 48 on P169560 North West Coastal Hwy Minilya (Minilya Roadhouse)

Storage Outbuilding

Cochestart P/L 07/04/2016

BUILDING Exercise of delegations to be reported for period 10 April 2016 to 10 May 2016

Application No.

Owners Name Lot & Street Type of Building Work

B16/116 ROBERT MALLARD LOT 17 WEST ST SOUTH CARNARVON

RE ROOF

B16/121 HARRY TRELOYN LOT 20 WILLIAM ST EAST CARNARVON

RE ROOF

B16/122 SHIRE OF CARNARVON LOT 547 JAMES ST CARNARVON DEMOLISH STORAGE SHED

B16/123 MUNDILLYA FARM PTY LTD LOT 200 & 201 NORTH RIVER RD NORTH PLANTATIONS

ADDITIONS TO EXISTING DWELLING & ALFRESCO

B16/125 GREGORY SHULTZ LOT 49 WILLIAM ST EAST CARNARVON

FENCE

Date Affixed Documentation

10.05.16 Lease of Lot 1155 Butcher Street (Carnarvon Playgroup Inc.)


B16/127 ROGER ALDRIDGE LOT 9 CAREY ST SOUTH CARNARVON

RE ROOF

B16/134 DEPARTMENT FOR HOUSING LOT 500 DAVID BRAND DR BROCKMAN

FENCE

B16/135 DEPARTMENT FOR HOUSING LOT 1 CARNARVON RD SOUTH CARNARVON

FENCE

B16/136 DEPARTMENT FOR HOUSING LOT 54 TONKIN CRES BROCKMAN FENCE

B16/137 DEPARTMENT FOR HOUSING LOT 82 MORGAN WAY MORGANTOWN

FENCE

STATUS REPORT

MINUTE REF

DETAIL RESPONSIBLE OFFICER

STATUS ANTICIPATED COMPLETION

DATE

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

Mike Hudson Renee Lathwell

Policy to be prepared November 2015

22/9/15 Closure of Portion of Margaret Row for Disposal to Adjacent Land Owner – Lot 16

Marius Shepherd Actioned – Application sent to Dept of Lands

Completed

28/9/15 Formal Support to Present a Review of Southern Boundary of Federal Proposal to Develop Northern Australia

Cr Fullarton Ian D’Arcy

Correspondence sent to Federal Minister for Resources & Energy requesting a review.

Completed

26/11/15 27/11/15

Proposed Engagement – Work for the Dole Program

Ian D’Arcy Contract negotiated and to be signed

May 2016

5/12/15 HMAS Sydney Memorial – Pioneer Park

Ian D’Arcy Dannielle Hill

Plaques to be removed and relocated along fascine hob wall.

November 2016

24/12/15 BAC – Non Payment of Rates John Nuttall Correspondence exchanged between lawyers. Moving to service of claim.

Ongoing

9/1/16 Cory Day – Request for Financial Support

John Nuttall Receipts received – awaiting acquittal.

June 2016

20/1/16 Mosquito Transportable Store Mark Chadwick Site works and utilities commenced

May 2016

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

Ian D’Arcy Process commenced in accordance with Council resolution. BPA Ballot process failed – defaults to Shire Ballot – letters/draft lease sent to shack owners. Building assessment of remain shack structure being undertaken by CGG – report and demolitions notices being prepared. Awaiting approval from DRD to expend grant funds – opposed to expenditure for new shack sites.

Ongoing

7/2/16 Community Bus & Luggage Trailer Dannielle Hill Application processed and submitted for consideration

April 2016 June 2016

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

Carolien Claassens

New lease being prepared April 2016 May 2016

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

John Nuttall Being advertised June 2016


15-17/2/16 Gascoyne Food Bowl Robert Pringle Advertising Concluded EPA & WAPC Notification Sent Request for final approval sent to WAPC

April 2016 December 2016

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

Mark Chadwick Sharon Williams

Grant application submitted Awaiting notification if successful

26-28/2/16 RAV Route – Endorsement to Upgrade

Mike Hudson Preparing Policy. May 2016

5/3/16 Proposed Overflow Caravan Park – Coral Bay

Ian D’Arcy DoL requested to progress request.

Completed

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

Discussions with proponents on alternative sites progressing.

June 2016

16/3/16 Proposed Closure part Olivia Terrace Lot 2

Rob Pringle Currently being advertised (close 11 May) to be returned to Council

May 2016

20/3/16 Local Development Plan – Sandhurst Tavern

Rob Pringle Permission received from WAPC Applicant deferred.

May 2016

21/3/16 Local Development Plan – Christian School

Rob Pringle Permission received from WAPC Applicant deferred.

May 2016

22&23/3/16 Ticket Box Application – Festival Grounds

Dannielle Hill DA issued. Building permit .GFA contribution pending. Quotes for construction being sought

June 2016

24/3/16 Brockman Park Structure Plan Marius Shepherd Tender being advertised May 2016

25/3/16 Amateur Swimming Club – Waiver of Fees Request

Mark Chadwick Council adopted waiver of fees - Applicant notified

Completed

3/4/16 Review of Council Executive and Corporate Policies

Ian D’Arcy Dannielle Hill

Amended Polices updated on Register

Completed

4/4/16 Draft Policy E025 – Appointing of Acting CEO

Ian D’Arcy New Policy incorporated into Register

Completed

5/4/16 Regional Waste Infrastructure Project

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

December 2016

10/4/16 Request for Rate Reduction – Gascoyne Lodge

John Nuttall Outcome reported to applicant Completed

11/4/16 Arts & Crafts Quilt Exhibition – Waiving of Hire Fees

John Nuttall Outcome reported to applicant Completed

12/4/16 Integrated Planning – Corporate Business Plan

John Nuttall CBP adopted at March 2016 Meeting

Completed

13/4/16 Disability Access & Inclusion Plan 2017-2021

Vivienne Tonga John Nuttall

DAIP adopted at March 2016 Meeting

Completed

14/4/16 New Lease – Coral Coast Helicopter Services

Carolien Claassens

Outcome reported to applicant. Lease to be drawn up.

July 2016

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

Outcome reported to applicants. Lease to be drawn up

July 2016

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

Marius Shepherd Final request for approval sent to WAPC 2 May 2016. WAPC advised they wish to defer until Scheme Amendments are finalised.

August 2016

19/4/16 Rotary Club – Proposed Sunday Swap Meet

Marius Shepherd Approved by Council. Determination notice sent.

Completed

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

Marius Shepherd Final request sent to Dept of Lands for closure.

December 2016

22/4/16 Oversized Building Lot 21 William Street

Marius Shepherd Approved by Council. Determination notice sent.

Completed

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

Marius Shepherd Request solicitors top prepare formal lease agreement

June 2016


26/4/16 Elected Member Motion – Councillor Question Time

Ian D’Arcy

Referred to the May 2016 Council Meeting

May 2016

28/4/16 Annual Performance Review of the CEO

Ian D’Arcy

Referred to the Management Review Committee – Minutes presented in May 2016 Meeting Agenda

Completed

29/4/16 Unauthorised Land Use Lot 308 Coral Bay

Ian D’Arcy

Solicitor advised to withdraw legal action – matter being pursued with DoL regarding storage equipment on Lot 309

Completed

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


8.1.2 PROPOSED CARNARVON TOWN ENTRY STATEMENTS File No: 3C0417; 5D0231 Date of Meeting: 24 May 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 Dannielle Hill, Senior Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority – Officer Recommendation 1 Absolute Majority – Officer Recommendation 2 Previous Report: N/A

Summary of Item: To seek Council endorsement to proceed with purchase and installation of entry statement structures to be positioned on North West Coastal Highway to the north and south of Carnarvon. Description of Proposal: To purchase and install an entry statement structures to both the north and south of Carnarvon on North West Coastal Highway subject to location approval by Main Roads WA. Background: In acknowledging this proposal is identified in the Shire of Carnarvon Community Strategic Plan 2011, and following discussion by the Fascine Completion Working Group (which incorporates enhancements to the Robinson Street CBD) and Council regarding the Town CBD Entry Statement, funds were allocated in the 2015/2016 budget to progress larger Town Entry Statements to the northern and southern road entries to Carnarvon. As part of these discussions it was indicated the Entry Statement signage should reflect the existing Carnarvon branding logo that was 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. The following illustrates the various design options -

Option 1 Option 2


Option 3 Option 4 In discussion with Council, preferred sites for the entry statements were identified as being to the north located at the truck pull over point just over the nine mile bridge, and to the south opposite to the Mungullah Power Station as identified in the aerial photographs below –

Consultation: At the CIS the Council expressed support for inviting comment/input from the local community on the various options and Main Roads WA on possible placement north and south of town on North West Coastal highway, with the results to be presented in a formal report to Council. Accordingly, a notice was placed in the Midwest/Guardian Newspaper, Shire of Carnarvon website and the Shire of Carnarvon Facebook page seeking public comment on the preferred design for the new entry statements with the closing date being Friday 13th May 2016. A total of 41 submissions were received with results as follows -

Proposed Location – NWCH - North Site

Proposed Location – NWCH – South Site


Main Roads WA Carnarvon have also been consulted wherein the application was referred to the Network Operations Manager, Mid West Gascoyne Region for their determination. At the time of preparing this report Main Roads had not yet provided a response to the proposed placement of the Entry Statements as proposed. Statutory Environment: Notwithstanding the Council has allocated funding of $50,000 in the 2015/2016 budget for Entry Statements, the transfer of funds ($20,000) to undertake the necessary site works will require a budget amendment pursuant to Regulation 33A of the Local Government (Financial Management) Regulations by a vote of absolute majority. The Council will also need formal approval/consent from Main Roads WA and the grant of a building permit under the Building Act, 2011. Relevant Plans and Policy: There is specific plan or policy applicable to this proposal other that the Shire of Carnarvon Community Strategic Plan 2011 (see Community and Strategic Objectives section below). Financial Implications: It should be noted the submitted prices are based on the provision of 2 entry statements (one sided) using the Shire of Carnarvon Logo as the focal point, with Council to carry out the installation works once delivered to Carnarvon. Quotations received for provision of the entry statement (less site works) range from $43,800 (+ GST) – Option 3 to $65,000 (+ GST) Option 4. The amount quoted for Option 1 or 2 is $$50,275 (+ GST). Under the current budget (COA 4242) Council as $50,000 allocated for Entry Statements. As an estimate, an additional $20,000 is required for site works and concrete/limestone plinths ($10,000 for each). It is suggested these funds can be transferred from ‘COA D003 – Various Floodway Enhancements’ which has a budget allocation of $60,000 and current expenditure of $1,280. 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 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.

OPTION 1 OPTION 2 OPTION 3 OPTION 4 OTHER

23 3 3 11 1


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.

Outcome 5.1 A well engaged and informed community.

5.1.1 Improve community awareness of Council's strategies, facilities and services.

Comment: It is apparent from the submissions received that a number of local community members are in favour of Option 1, as opposed to the other Options. Additionally, there is one submission (offered at Schedule 8.1.3) that seeks Council’s consideration to establishing a working group to investigate and advise on design for the Entry Statements, an approach the submission states has been advocated for some years. Whilst this is acknowledged, recent discussions with Council has focused on the existing Shire logo due to previous extensive consultation, broad community recognition and acceptance, and the subjective nature and differing views on selecting an alternative Entry Statement for Carnarvon. Therefore, given the support for Option 1, it is recommended Council:

a) Endorse this option; b) Transfer $20,000 with the existing budget to increase the overall allocation to $70,000 for this

project; and c) Move forward to having the Entry Statements fabricated/constructed upon approval being

received from Main Roads WA to have the structures located within the North West Coastal Highway road reserve.

OFFICER’S RECOMMENDATION 1 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.

OFFICER’S RECOMMENDATION 2 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. (Absolute majority required)


8.1.3 DRAFT POLICY E026 – TAKING OF PERSONAL LEAVE

File No: 2C0401 Date of Meeting: 24 May 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: Nil Voting Requirements: Simple Majority Previous Report: Nil

Summary: This item relates to consideration of a draft Council Policy on the consistent approach to the taking of personal leave by Shire employees. Description of Proposal: The objective of this proposal is to afford structure and clarity around the taking of personal leave, particularly sick leave, by individual employees to ensure accountability and consistency in approach and procedure.

Background: As in most organisations the entitlements for personal leave under workplace legislation can be abused by individual staff members and can be inconsistently administered by individual line managers and supervisors. The Shire is no exception to this occurrence where there are examples and instances of inconsistency in approach and doubt over the genuine take of leave, particularly sick leave. Therefore, in order to address this matter it is common for businesses to adopt a policy and establish procedures that outlines the required standards and approach to the taking of personal leave. Accordingly, draft ‘Council Policy E026 – Taking of Personal Leave’ is provided at Schedule 8.1.3 for the Council’s consideration. Consultation: This Policy has been prepared in consultation with the Shire Management and Organisational Development Co-ordinator. Statutory Environment: This policy has been prepared with due regard for the leave entitlement provisions granted to employees under the Local Government Industry Award, 2010 (as amended) and National Employment Standards, 2009. Relevant Plans and Policy: Nil. Financial Implications: There are no financial provisions applicable to this draft policy. Risk Assessment: The draft Policy is intended to instill accountability and mitigate risk of an inconsistent approach to the taking of personal leave.


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 Simple majority Comment I review of the taking of personal leave by Shire employees there is suspicion and concern the entitlement of sick leave in particular is being abused by some staff, while the requirement for medical proof has not been applied in a consistent manner by individual managers. In light of this it is viewed the draft Policy, as provided in Schedule 8.1.3, will go a considerable way to addressing these matters from an administrative perspective, and enhance the operational performance of the organisation. OFFICER’S RECOMMENDATION That Council in consideration of the Local Government Industry Award, 2010 (as amended) and National Employment Standards, 2009 adopt draft ‘Policy E026 – Taking of Personal Leave’, as presented in Schedule 8.1.4 of this report.


8.1.4 DRAFT POLICY E027 – USE OF SOCIAL MEDIA

File No: 2C0401 Date of Meeting: 24 May 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

Dannielle Hill, Senior Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: Nil

Summary: This item relates to consideration of a draft Council Policy on the appropriate use of social media by Council Members, Staff and Contractors to be read in conjunction with the Shire of Carnarvon Code of Conduct. Description of Proposal: The objective of this proposal is ensure that all Members, Staff and Contractors (Shire Representatives) have a clear understanding on the appropriate use of social media in order that it does not harm the organisation or the Members/Employees reputation.

Background: There is no doubt the use of social media has become the ‘norm’ for not only personal usage but more and more businesses and government departments are utilising this form of media to broadcast to a wider network of contacts and communities which includes Twitter, Facebook and the World Wide Web (www). More and more Council’s now have a Facebook account whereby public notices such as road closures, emergency advice in relation to cyclones/floods etc. and upcoming events and social activites are posted onto this form of medium due to its widespread usage throughout the community. This form of media not only disseminates information out to the wider public instantly, but is also a cheaper alternative to advertising in the local paper and avails the community the opportunity to provide feedback on various issues. However, unfortunately with the use of this sort of medium there are no restrictions to the nature of comments being posted, and who they are directed at including comments relating to the day to day operations of the Shire. These sometimes include, but are not limited to, false accusations and inappropriate comments made by ill-informed members of the public. Till now it has been the practice of this local government to not respond to these comments/accusations, however, due to the widespread usage of Facebook and other social mediums by staff it is felt that some guidance is required to ensure that members, staff and contractors are aware of the protocol to be used when making comment on Facebook and other forms of social media. Accordingly, draft ‘Council Policy E027 – Use of Social Media’ has been prepared and is provided at Schedule 8.1.5 for the Council’s consideration. Consultation: This Policy has been prepared in consultation with the Shire Management and Organisational Development Co-ordinator. Statutory Environment: The Policy has been prepared with consideration to Section 2.8 (1) (d) of the Local Government Act, 1995


which states:

“The mayor or president —

(d) speaks on behalf of the local government;” Additionally, Section 5.41(f) – Functions of the CEO also states:

“The CEO’s functions are to — (f) speak on behalf of the local government if the mayor or president agrees;” In consideration of the above, should Council adopt draft Policy E027 it will be taken that authoriation is granted by the Shire President, and Council more broadly, for Shire commentary to be conducted using social media under this policy framework. Relevant Plans and Policy: This policy is intended to be read in conjunction with the Shire of Carnarvon Code of Conduct. Specifically Sections 4.6(b) (Communication and Public Relations), 4.10 (Integrity and Moral Standards) and 5.5 (Communications with the Media) of the Code have been considered in preparing this policy. Financial Implications: There are no financial provisions applicable to this draft Policy. Risk Assessment: The draft Policy is intended to mitigate the risk of inappropriate use of social media by Council Members, Staff and Contractors. Presently, there is no guidance over the use of social media from an organisational perspective, and it has been noted on occasions that comment on Shire matters has be presented on Facebook by Shire Representatives that could be construed as a breach against the Code of Conduct and supporting legislation. Therefore, it is considered necessary the draft Policy be endorsed by Council to establish a framework and appropriate guideline for the use of this medium in relation to Shire business. Strategic Implications:

Outcome 5.3 Improved business performance and quality of service delivery.

5.3.1 Monitor and review business processes, structures and policies to improve performance and service delivery.

Outcome 5.6 Best practice human resource management practices

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

5.6.2 Provide timely and accurate information across the organisation.

5.6.3 Develop appropriate processes and procedures to support human resources.

Comment With Social Media having blurred the lines between people’s personal and professional time and space it is important to understand that the impact of a person’s social media presence can have repercussions in


both their personal and professional lives. To this end, and with the wide use of social media, particularly by Council staff on a personal level, it is felt that certain protocol and guidelines need to be met in regard to the type of information that can be placed on social media by Shire representatives in relation to Council business. Accordingly, it is intended that draft Policy E027, as provided in Schedule 8.1.4, will enable Shire Representatives to be fully informed and aware of the expected protocol to be used when disseminating information onto social media relating to Shire operations, and similarly, details the implications that can occur should a Shire Representative breach Council Policy in relation to use of social media. OFFICER’S RECOMMENDATION That Council in recognition of Section 2.8 (1) (d) and Section 5.41(f) of the Local Government Act, 1995 adopt draft ‘Policy E027 – Use of Social Media’, as presented in Schedule 8.1.4 of this report, to be read in conjunction with the Shire of Carnarvon Code of Conduct.


8.1.5 REALLOCATION OF CLGF GRANT FUNDING – CARNARVON CIVIC CENTRE

File No: 4A0127.03 Date of Meeting: 24 May 2016 Location/Address: N/A Name of Applicant: N/A Name of Owner: N/A Author/s: Ian D’Arcy, Chief Executive Officer Declaration of Interest: Nil Voting Requirements: Simple Majority – Officer Recommendation 1 Absolute Majority – Officer Recommendation 2 Previous Report: Nil

Summary: This item relates to the reallocation of a portion of the Country Local Government Fund (CLGF) funding presently allocated in this year’s municipal budget to refurbishment of the Civic Centre, with these funds to be predominantly expended on a power upgrade and installation of air conditioning to the Woolshed. It is promoted Council:

a) Not proceed with the air conditioning works due to significant installation and recurrent operating costs in favour of improving ventilation and air flow to the Wool Shed building;

b) Reallocate the CLGF funding component for the Civic Centre refurbishment to address improvements to a number of other civic buildings.

Description of Proposal: The objective of this proposal is reallocate a portion of funding granted under the Country Local Government Fund (CLGF) set aside for refurbishment of the Civic Centre to the following civic buildings and associated specified works:

Carnarvon Aquatic Centre Refurbishment (Stage 1) - includes relining swimming pool bowls, refurb. pool surrounds, change rooms and kiosk, replace areas of perimeter fencing, and relocate/upgrade Water Park (from Baxter Park) - $200,000

Shire Administration Office/Council Chambers Refurbishment (Stage 4) – replace existing asbestos roof and gutters, building repaint - $175,000

Playgroup Building Refurbishment – includes new kitchen, building repaint, play equipment - $25,000

Alternatively, Council may see merit in redirection of the grant funds to construction of a new staff house or installation of photovoltaic systems to Shire buildings to reduce utility costs. Background: Council since the 2010 floods when the Woolshed was used as an evacuation centre has sought to install air conditioning to improve the comfort level of this building during the summer months. This initiative has been supported by donated funds in response to the floods for this purpose. However, this task over the subsequent years has proven challenging, mainly due to the size of the building and cost of installing an adequate system, including the need for a major power upgrade to the Civic Centre to accommodate the air conditioning. Fortunately, the State Government in 2012 announced another round of CLGF funding resulting in Council allocating $539,636 toward construction of a new staff house at Northwater Estate, with the balance being $400,000 (coupled with reserve funds from the Shire of $263,000) to be spent on refurbishment works of the


Civic Centre. The works listed for the Civic Centre refurbishment includes reroofing of the building, repairs to gutters and eaves, upgrade of power supply, new air conditioning to Woolshed Community Hall and Theatre. Following execution of the CLGF Financial Assistance Agreement (FAA) specialist engineering assessment and advice was sought on the air conditioning upgrades. The engineering consultant (DSA Mechanical Services Consultants) analysed the cubic area of the building to be air conditioned, acknowledging its use for civic purposes under the public building legislation, and indicated the cost would be in the order $450,000, exclusive of power upgrade, however, this would be confirmed through a formal tender process. Assessment was also provided by the consultant to using the building as evacuation centre. He indicated further cost based on the change of use and number of persons being accommodated that would affect air conditioning demand, where the approach was looked upon as best being staged. Concurrently, work proceeded on repair of the theatre air conditioning not working efficiently at the time, but has since been repaired/upgraded as part of the refurbishment works. In March 2015 Cyclone Olwyn impacted Carnarvon with the Civic Centre roof being damaged and subsequently repaired through an insurance claim. However, four months on the Woolshed ceiling collapsed and intentionally has not been replaced in favour of retaining an industrial appearance, with some improvement works undertaken to accommodate electrical and lighting equipment. This has brought about a cooling effect in the Woolshed with increased air space, even though the existing large extraction fans in the Woolshed roof are not properly working in an efficient manner. It is therefore promoted Council review the need for air conditioning in the Woolshed, with the view to improving ventilation to extract heat quickly and efficiently, and direct the CLGF funding to other civic buildings/facilities in need of upgrade. In this regard it is suggest works to the Shire Administration Centre, Carnarvon Aquatic Centre (including possible relocation of the community water park) and playgroup building be considered, although Council may, through the suspension of standing orders, wish to discuss alternative options in expending the CLGF grant funds. Consultation: Preliminary discussion has been entertained in-house with Executive Management and Council through a Corporate Information Session on this matter. Statutory Environment: CLGF Financial Assistance Agreement (FAA) The transfer of funds can only be entertained through a variation to the FAA, as approved by the Department of Regional Development. In this context the funding cannot be used for infrastructure and maintenance works, only the upgrade of capital items that benefit the community. Local Government Act, 1995 For this financial year (2015/16 budget) an amendment will need to be entertained pursuant to Regulation 33A of the Local Government (Financial Management) Regulations by a vote of absolute majority. Any unspent grant funds, which is expected to be most of the allocation, will be carried over and incorporated into the 2016/17 budget for the specified works. Relevant Plans and Policy: Nil. Financial Implications: Council set a budget allocation of $663,017 (COA 3154/Job 3155) for refurbishment of the Civic Centre. This includes $400,000 of grant funding from the CLGF funding, with the balance of the funding, being $263,017, allocated from the Civic Centre Reserve Fund (COA 871F). At the time of writing this report $23,445 has been


expended from the overall allocation, although there is a range of works still required on the Civic Centre Building. This primarily includes installation of air conditioning at the Woolshed, upgrading the Civic Centre power supply to accommodate the air conditioning, and purchase/installation of an adequate backup generator for emergency/evacuation use. A further allocation of $100,000 (COA 3112/Job 0501) is also provided for specified maintenance, with $93,000 having been expended to date, mostly involving the removal of the collapsed Woolshed ceiling and rewiring of the existing lighting and sound systems. Should Council ‘step away’ from installing air conditioning in the Woolshed there is an opportunity to transfer the CLGF funds ($400,000) to undertake priority works to other Civic Buildings/facilities with allocation to a range of Charter of Accounts depending on the works determined by Council:

COA 3272 - Upgrade Swimming Pool Land and Buildings - $220,000.

COA 0584/Job 0041 - Admin Office Refurbishment - $175,000.

COA 1382 – Butchers Street Playgroup Building - $25,000.

A new line item in the coming 2016/17 budget - Installation of photovoltaic systems to the main Shire Buildings - $200,000

COA 2974 with a new assigned Job Number - New 3x2 staff house - $400,000. Risk Assessment: As Council will appreciate, many of the Shire buildings are in need of upgrade to ensure they accord to minimum standards as a public building, and are contemporary in function and presentation to meet community expectation. Accordingly, the buildings and facilities listed in this report have been identified as in need of priority works, with an increasing risk of these buildings failing to achieve statutory compliance and/or fall short of public expectation and acceptance for intended use. Strategic Implications:

Outcome 3.4 Improved passive and active leisure and recreation facilities.

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

3.4.6 Progress the development of the Aquatic Facility as a multipurpose sports hub.

Voting Requirements Simple majority - Officer’s Recommendation 1 Absolute majority - Officer’s Recommendation 2 Comment There remains concern at an officer level over the recurrent operational and maintenance costs likely to be incurred, with the financial burden to be absorbed by the ratepayers, should Council proceed with air conditioning of the Woolshed building as proposed. Conversely, the view held is that Council and the community would be better served by:

1. Utilising Reserve funds of $263,000 to undertake the refurbishment works of the Civic Centre, including, but not limited to, improving ventilation and upgrading the kitchen in the Woolshed building, as well as acquiring and installing an adequate backup generator; and

2. Redirecting the existing grant funds set aside for the Woolshed air conditioning to one of the


following options: Option 1 – Refurbishment Program of Civic Buildings This option involves a number upgrades to civic buildings and facilities outlined as follows:

Carnarvon Aquatic Centre Refurbishment (Stage 1) - This involves relining swimming pool bowls, refurbishment of the concrete pool surrounds, painting and retiling in the existing buildings (including the male and female change rooms and kiosk), replacing areas of perimeter fencing where required, and the possible relocation and upgrade of the existing Water Park presently located at Baxter Park. Indicatively, it is estimated these works can potentially be actioned with an allocation of $200,000, acknowledging the availability of other grants funding to assist in completing the refurbishment works.

Similar to the Civic Centre, the Aquatic Centre is on the verge of looking tired and in need of a ‘face lift’, while the existing Water Park has been problematic due to its poor construction, exposure to harsh salt water elements, misuse be backpackers and others, and lack of oversight and management by the Shire given its current location. By relocating the Water Park to the Aquatic Centre, all of these issues can be eliminated, with the potential for this facility to be integrated, better utilised and appreciated. It is also viewed that a Stage 2 could potentially be entertained in the future following investigation of a therapy hot pool utilising artesian water, as has been suggested by a number of prominent members of the community.

Shire Administration Office/Council Chambers Refurbishment (Stage 4) - This is a continuation of the current upgrade program of the Administration Building and Chambers. To date the old library has been converted to become the new Council Chambers (Stage 1), with the old chambers making way for more office accommodation (Stage 2). On the verge of completion is refurbishment of the main reception area (Stage 3). With $175,000 of grants funding reallocated to this project it is suggested the overall refurbishment can be completed, including replacement of the existing asbestos roof and gutters, and painting of the remainder of the building internally and externally.

Playgroup Building Refurbishment – This involves works to the building and property in dire need of attention to preserve its functionality for playgroup purposes. The works include installation of a new kitchen, rejuvenation of the yard/play areas and repainting of the building internally. As an estimate, it is projected these works can be performed for a budget of $25,000.

Option 2 - Installation of Photovoltaic Systems to Civic Buildings and Refurbishment of the Aquatic Centre – Photovoltaic systems was initially proposed in 2010/2011 with R4R funding allocated, but could not be delivered due to capacity issues with Horizon Power to accept the renewal energy power generation at the time. However, with the new Mungulla Power Station now operational there is an opportunity to embrace the installation of photovoltaic systems on main Shire civic buildings to save on power costs and contribute to the environment. It is recognised that this initiative has considerable merit from a financial perspective for the organisation and more broadly the ratepayers. However, advice received from the Retail and Community Manager at Horizon Power is that Solar hosting capacity has been an ongoing issue in Carnarvon with total 1MW of capacity available in Carnarvon at present, although this limitation to some degree can be overcome by installing battery storage for power smoothing, which will add to the cost. Also, without knowing what the Shire demand would be there is some concern members of the community could be denied access to the


solar hosting program should most, if not all, of the available capacity is absorbed by the Shire. Information will be sourced over the coming week to qualify the Shire demand to be tabled at the Council meeting. Additionally, funds could be redirected to the Carnarvon Aquatic Centre as outlined under Option 1 above.

Option 3 – New Staff House - This suggestion can be entertained by building a new house in the Northwater Estate –State 4 where the Council owns two vacant residential lots, with the requirement to progress construction within a 2-3 year timeframe. In this regard, Council could move forward with the house construction, and once completed, sell one the existing Shire houses with the proceeds from the sale to be used to construct a second house in another year or two. This in turn will contribute to continuity of works for the local building industry, and reduce maintenance costs through owning newer housing stock.

From an Officer perspective preference is given to Option 2 as it addresses pressing works at the Aquatic Centre, and opportunity to reduce power consumption costs. However, it should be acknowledged Council may dismiss part of all of this option in favour of an alternative.

OFFICER’S E RECOMMENDATION 1 That Council:

1) Not proceed with the installation of air conditioning at the Carnarvon Civic Centre Woolshed/Community Hall due to the initial capital and recurrent operational and maintenance costs projecting forward;

2) Proceed with refurbishment of the Civic Centre including improvements to roof ventilation and new kitchen in the Woolshed building, and acquisition/installing an adequate backup generator for emergency purposes funded from the Civic Centre Reserve Fund (COA 871F);

3) Endorse the following works utilising the $400,000 allocation from Country Local Government Fund (CLGF) presently allocated to refurbishment of the Carnarvon Civic Centre, subject to the Department of Regional Development (DRD) approval to vary the CLGF Financial Assistance Agreement:

a) Carnarvon Aquatic Centre Refurbishment (Stage 1) which involves relining swimming pool

bowls, refurbishment of pool surrounds, change rooms and kiosk, replacing areas of perimeter fencing, and relocating/upgrading Water Park presently located at Baxter Park; and

b) Installation of photovoltaic systems to Shire of Carnarvon civic buildings (Shire Administration Building and Council Chambers; Carnarvon Civic Centre; Carnarvon Library; Carnarvon Airport Terminal; Carnarvon Aquatic Centre; Shire Depot).

OFFICER’S RECOMMENDATION 2 That Council, in consideration of Alternative Recommendation 1 above, and pursuant to Regulation 33A of the Local Government (Financial Management) Regulations, approve a budget variation by reallocating $400,000 of the Country Local Government Fund (CLGF) allocation from COA 3154/Job 3155 to:


A new line item in the coming 2016/17 budget – Installation of Photovoltaic Systems to Shire Buildings - $200,000.

(Absolute majority required)


ALTERNATIVE RECOMMENDATION 1 That Council:

1) Not proceed with the installation of air conditioning at the Carnarvon Civic Centre Woolshed/Community Hall due to the initial capital and recurrent operational and maintenance costs projecting forward;

2) Proceed with refurbishment of the Civic Centre including improvements to roof ventilation and new kitchen in the Woolshed building, and acquisition/installing an adequate backup generator for emergency purposes funded from the Civic Centre Reserve Fund (COA 871F);

3) Endorse the following works utilising the $400,000 allocation from Country Local Government Fund (CLGF) presently allocated to refurbishment of the Carnarvon Civic Centre, subject to the Department of Regional Development (DRD) approval to vary the CLGF Financial Assistance Agreement:

a) Carnarvon Aquatic Centre Refurbishment (Stage 1) which involves relining swimming pool

bowls, refurbishment of pool surrounds, change rooms and kiosk, replacing areas of perimeter fencing, and relocating/upgrading Water Park presently located at Baxter Park.

b) Shire Administration Office/Council Chambers Refurbishment (Stage 4) involving the replacement of the existing asbestos roof and gutters, and repainting of the buildings internally and externally.

c) Playgroup Building Refurbishment, which includes a new kitchen, repainting of the play group building internally and refurbishment of the external play areas.

ALTERNATIVE RECOMMENDATION 2 That Council, in consideration of Alternative Recommendation 1 above, and pursuant to Regulation 33A of the Local Government (Financial Management) Regulations, approve a budget variation by reallocating $400,000 of the Country Local Government Fund (CLGF) allocation from COA 3154/Job 3155 to:


COA 0584/Job 0041 - Admin Office Refurbishment - $175,000.

COA 1382 – Butchers Street Playgroup Building - $25,000.



8.2.1 ACCOUNTS FOR PAYMENT APRIL 2016 File No: 2F0504 Date of Meeting: 24th May 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 April 2016 are listed at Schedule No. 8.2.1 (a) OFFICER’S RECOMMENDATION That Council a) Receive the list of payments totalling $1,156,493.23 as presented for the month of April 2016

incorporating.

BD1604 To BD1609 Bank Direct $ 100,174.73

46074 To 46111 Muni $ 117,508.09

7212 To 7215 Trust $ 6,935.29

EFT18699 To EFT18910 Muni $ 931,875.12 Totalling $1,156,493.23 be endorsed by Council.

b) Note Sundry Creditors as at 30th April 2016 totalling $612,335.15


8.2.2 FINANCIAL ACTIVITY STATEMENT – 30 APRIL 2016 AND BUDGET REVIEW File No: 2F0513 Date of Meeting: 24th May 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: Officer Recommendation 1 ‐ Simple Majority Officer Recommendation 2 ‐ Absolute 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. Also, the regulations require a quarterly review of the budget expenditure, with the opportunity to adjust funding allocations to address financial shortcomings and changing priorities to operations, delivery of services and projects. Consultation: Nil Statutory Environment: Local Government (Financial Management) Regulation 33A(3) and 34 (1).

33A. Review of budget

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review.

*Absolute majority required.

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: Refer to Officer recommendation in relation to budget variations (increases and decreases). 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 April 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. Additionally, as mentioned in the background above, there is a need to undertake a number of budget variations, effectively reallocating funding from one section of the budget to the other based on changing priorities. These variations are outlined in the Officer Recommendation 2. OFFICER’S RECOMMENDATION 1 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 April 2016.

OFFICER’S RECOMMENDATION 2 That Council, in accordance with Regulation 33A(3) of the Local Government (Financial Management) Regulations 1996, adopt the following budget review and variations for the period 30 April 2016, as listed below.

COA Account Type Description Budget Variation

Comment

0372 EXPENDITURE BANK CHARGES 8,614

Budget increase ‐ more than anticipated bank fees incurred to date. This account accommodates for Synergy cash receipting system rounding as well as all associated bank fees such as Merchant fees for EFTPOS and online payments across all Council's bank accounts

0584 CAPITAL LAND & BUILDINGS 10,000 Budget increase ‐ finalisation of the refurbishment to Council's reception area

0312 EXPENDITURE BUILDING MAINTENANCE ‐ ADMIN OFFICE ‐10,000

Budget decrease ‐ reallocation of savings on specified maintenance budget to refurbishment budget at COA 105840 to finish reception area

3572 EXPENDITURE FESTIVAL AND EVENTS 5,000

Budget increase ‐ increase in expenditure budget is to offset receipt of further contributions towards the 75th Anniversary Commemorations for the HMAS Sydney and HSK Kormoran

6023 REVENUE OTHER INCOME ‐5,000

Budget increase ‐ reflection of further contributions received towards to the 75th Anniversary Commemorations for the HMAS Sydney and HSK Kormoran

6072 EXPENDITURE VEHICLE OPERATING EXPENSE ‐ COMM SERVICES 7,000

Budget increase ‐ increase in plant operation costs for Community Services vehicles

41H2 EXPENDITURE PRIVATE RENTALS ‐16,893

Budget decrease ‐ Council have now ceased the lease on 2x private rentals (19 Castrini & 3 Buzolic), procured for staff accommodation. Rental income budget at COA 105C30, that offsets this expenditure was decreased at last month’s Council meeting


COA Account Type Description Budget Variation

Comment

3332 EXPENDITURE GASCOYNE GAMES ‐2,167

Budget decrease ‐ no further expenditure anticipated at this account due to Gascoyne Games event having already taken place

GASCOYNE GAMES

3462 EXPENDITURE LIBRARY EXCHANGE AND REGIONAL VISITS 5,000

Budget increase ‐ this budget decreased at last month's Council meeting in error. Correction of previous budget variation and amending budget to reflect original allocation

5602 EXPENDITURE ART GALLERY PROGRAMS AND EVENTS 1,600 Budget increase ‐ anticipate the delivery of further art gallery programs and events

5612 EXPENDITURE ART GALLERY MINOR EQUIPMENT ‐6,600

Budget decrease ‐ this budget increased at last month's Council meeting in error. Correction of previous budget variation and further decrease to allocate budget funds to COA 156020. Do not anticipate any further expenditure here for remainder of the year.

3502 EXPENDITURE BUILDING MAINTENANCE ‐ LIBRARY/ART GALLERY 10,552

Budget increase ‐ more than anticipated costs for recurrent (daily/monthly/annual) maintenance. Includes expenses such as costs for cleaning the Library/Art Gallery

9422 EXPENDITURE CINEMA KIOSK PURCHASE 2,000 Budget increase ‐ anticipate further expenditure for replenishing kiosk stock

93A2 EXPENDITURE BAR SALES ‐ PURCHASES ‐1,000 Budget decrease ‐ reallocate budget savings to COA 194220

9412 EXPENDITURE CINEMA EXPENSES ‐1,000 Budget decrease ‐ reallocate budget savings to COA 194220

41K2 EXPENDITURE NATIONAL AIRPORT MEMBERS 2,560

Budget increase ‐ not originally budgeted for, annual renewal of membership subscription to the Australian Airport Association.

4492 EXPENDITURE RELIEF BUILDING SURVEYOR/CONTRACTOR 10,000

Budget increase ‐ to cover costs for Building services contracted out due to existing Building Surveyor's position currently being vacant

4352 EXPENDITURE EMPLOYEE COSTS ‐10,000

Budget decrease ‐ budget savings in Building Employee Costs reallocated to COA 144920 due to existing Building Surveyor position being vacant

0953 REVENUE REGISTRATION FEES ‐3,293 Budget increase ‐ received more than anticipated income for Dog Registration fees

3063 REVENUE CEMETERY FEES ‐6,373 Budget increase ‐ received more than anticipated income for Cemetery fees

4202 EXPENDITURE MERCHANDISE PURCHASES ‐ VC 3,000 Budget increase ‐ reallocation of surplus budget funds from COA 170120

7012 EXPENDITURE MINOR EQUIPMENT ‐ VISITORS CENTRE ‐3,000

Budget decrease ‐ less than anticipated expenditure here. Reallocate surplus budget funds to COA 142020

BUDGET VARIATION TOTAL 0


8.2.3 INVESTMENTS AS AT 30 APRIL 2016 File No: 2F0502 Date of Meeting: 24th May 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 April 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 April 2016.


8.2.4 REQUEST FOR NEW LEASE - BADEN POWELL HALL COMMITTEE – RESERVE 39114 - 5 SHALLCROSS STREET LOT 1286 File No: 2L0257 Date of Meeting: 24 May 2016 Location/Address: Baden Powell Hall Committee Reserve 39114 - 5 Shallcross Street Lot

1286 Name of Applicant: 1. The Scout Association of Australia Western Australia 2. Girl Guides Western Australia Name of Owner: N/A Author/s: Carolien Claassens, Governance Officer Declaration of Interest: None Voting Requirements: Recommendation 1: Simple Majority

Recommendation 2: Absolute Majority Previous Report: 25 July 2006

Summary of Item: This report details a request from The Scout Association of Australia Western Australia (Scouts) and Girl Guides Western Australia Inc. (Guides) seeking Council’s approval to draft a new lease for the land at Reserve 39114 - 5 Shallcross Street Lot 1286. The existing lease is due to expire at 8 July 2016. The officer’s recommendation detailed in this report advocates support for Scouts and Guides to facilitate the continuity of the club activities on the current site. Description of Proposal: Grant a formal lease of Reserve 39114 Lot 1286 (No. 5) Shallcross Street, East Carnarvon, to Scouts and Guides for twenty (20) years based on Shire of Carnarvon Policy C016 Lease and Licensing Classification – Classification Tier One. Background: At a full Council Meeting, held at 25 July 2006, Council resolved to issue a lease of land to The Scouts and Guides for ten (10) years, with the purpose of Hall Site and operations for the 1st Carnarvon Scouts and the Carnarvon Guides. The lease is due to expire 8 July 2016 which has prompted the need for Council to again consider this matter. The land is located at Reserve 39114 Lot 1286 Shallcross Street Carnarvon, please refer to Figure 1.

Figure 1: 5 Shallcross Street Lot 1286 Reserve 39114


Consultation: A meeting took place with both applicants, Robin Broad, Leader in Charge of Scouts and Janice de Boni, Guide Leader of the Guides the Executive Manager Corporate Services and the Governance officer at 3 May 2016. During this meeting both applications seeking support from Council for a new peppercorn lease of the described land for 20 years. Statutory Environment:

The Council may entertain a formal lease pursuant to Section 3.58 ‘Disposing of Property’ of the Local Government Act 1995. However, with this acknowledged, the Local Government (Functions and General) Regulations 1996 regulation 30(2)(b) provides an exemption, as described below, where the proposed disposition is for recreational purpose, which is deemed applicable in this situation.

30. Dispositions of property excluded from Act s. 3.58 (1) A disposition that is described in this regulation as an exempt disposition is excluded

from the application of section 3.58 of the Act. (2) A disposition of land is an exempt disposition if — (a) the land is disposed of to an owner of adjoining land (in this paragraph called

the transferee) and — (i) its market value is less than $5 000; and (ii) the local government does not consider that ownership of the land

would be of significant benefit to anyone other than the transferee; or (b) the land is disposed of to a body, whether incorporated or not —

(i) the objects of which are of a charitable, benevolent, religious, cultural, educational, recreational, sporting or other like nature; and

(ii) the members of which are not entitled or permitted to receive any pecuniary profit from the body’s transactions;

Relevant Plans and Policy:

Policy C016 Lease and Licensing Classification; Tier one – Peppercorn leases. Delegation No: 1034 Executing and Affixing of Common Seal to Documents. Financial Implications:

The preparation of the new lease is estimated to be approx. $2,000. As per Policy C016 Lease and Licensing Classification; Tier one, that Council absorb the costs associated with the preparation. The building is owned by the Scouts and Guides. They will be responsible for general garden maintenance, utilities and Local Government rates (which are charged with the not-for-profit discount of 90% applied). Risk Assessment:

Should Council not grant a new lease the Scouts and Guides would effectively be left ‘homeless’ and unable to continue to function. This would be significant for the members of the respective Clubs, especially as they are the owners of the building. Community & Strategic Objectives:


Outcome 3.4 Improved passive and active leisure and recreation facilities.

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

Outcome 3.5 Cohesive communities capable of supporting each other.

3.5.3 Support and inform community organisations and groups.

Outcome 3.6 Events and activities fostering community ownership.

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

Comment: As active social clubs for girls and boys in Carnarvon it is appropriate for Council to support the Scouts and Guides by granting a new lease. OFFICER’S RECOMMENDATION

That Council: 1. Grant a formal lease to The Scout Association of Australia and the Girl Guides Western Australia for

the previous lease area located on Reserve 39114 5 Shallcross Street, East Carnarvon Lot 1286. This in accordance with Section 3.58 (Disposing of Property) of the Local Government Act, 1995 and in consideration of Section 30(b) of the Local Government (Functions and General) Regulations, 1996. Based on Shire of Carnarvon Policy C016 Lease and Licensing Classification – Classification Tier One:

(a) A twenty (20) year lease period; (b) An annual peppercorn lease payment $10 (excluding GST); (c) Council to absorb the cost of lease preparation;

2. Authorise the Shire President and the Chief Executive Officer to execute the relevant lease

agreement and affix the common seal of the Shire of Carnarvon on the relevant documentation as specified in point 1 above. (Absolute Majority Required)


8.2.5 CREATION OF COUNCIL POLICY FEE WAIVER File No: Date of Meeting: 24 May 2016 Location/Address: N/A Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: John Nuttall, Executive Manager Corporate Services Declaration of Interest: Nil Voting Requirements: Absolute Majority Previous Items:

Summary of Item: This report seeks Council’s endorsement to create a new Council Policy CO17– Fee Waivers as a result of the large number of requests that come before Council, and the need for a consistent approach. The draft policy is presented (Schedule 8.2.5) for consideration and adoption by Council. Description of Proposal: This proposal involves creating a Policy which will give guidance to Council and officers in relation to when, and to whom, it is appropriate to grant the waiver of fees and charges in relation to activity at Shire owned facilities. Background: There has been highlighted at a number of Council Meetings the need for a policy relating to waiving of fees and charges. This has become more pressing given the large number of recent requests for waiver of fees that have been brought to Council. Consultation: There has been internal consultation, along with mention at previous Council meetings relating to this policy. Statutory Environment: Council’s role in determining the Local Government’s Policies is defined in Section 2.7(2)(b) of the Local Government Act (1995). Further, relating to waiving fees and charges, the following legislation is relevant. 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: There is not currently a policy relating to the waiving of fees and charges. Financial Implications: There are implications with this policy, in that eligible groups will be able to have fees waived up to the maximum amount stipulated in the policy. Risk Assessment: There is need for a policy to deal with this issue in order that there is consistency in dealing with groups who make requests for waiver of fees. Community & Strategic Objectives:





Outcome 5.3 Improved business performance and quality of service delivery.

Monitor and review business processes, structures and policies to improve performance and service delivery.

Comment: Council is aware of the large number of requests to waive fees and charges that have been presented to them over the last twelve months. In order to both assist in the smooth administration of the Shire finances, and to afford consistency in the Shire’s dealings with those requesting fee waiver, a policy is required. The policy has been drafted with regard to good governance of Council funds along with a consistent approach to all organisations who may apply for a fee waiver. OFFICER RECOMMENDATION That Council endorse the draft policy, namely ‘Policy CO17 –Fees Waiver, as presented in Schedule 8.2.5 of this report. (Absolute majority required)


8.2.6 REQUEST FOR FINANCIAL SUPPORT LIAM FORRESTER NATIONAL TEAM RACING (YACHTING) CHAMPIONSHIPS

File No: 4A0125 Date of Meeting: 24 May 2016 Location/Address: N/A Name of Applicants: Kim & Aggie Forrester, Winning Station Name of Owner: N/A Author/s: John Nuttall, Executive Manager Corporate Services Declaration of Interest: Nil Voting Requirements: Simple Majority Previous Report: Nil

Summary of Item: This report relates to a request from Mrs. Aggie Forrester, on behalf of her son Liam Forrester. In correspondence dated 6th May 2016 (Schedule 8.2.6) she indicates that Liam is a State competitor at yachting, and is hoping to compete at the National Team Racing Championships in Adelaide in July 2016. Description of Proposal: This request comes from Mrs Aggie Forrester, who indicates that her son Liam would wish to enter the National Team Racing Championships. She further indicates the high cost of assisting her son to travel around Australia competing. The request made is for Council to consider a donation to be put travel to and from Adelaide to assist him to compete. Background: According to the correspondence received Liam is an experienced State competitor in yachting, having recently come second in the youth section of the State 420 Championships. Over the next 12 months there are different competitions taking place, the first of which is in Adelaide in July 2016. In relation to funding available to Council, there is a budget item 02L2, the Sports Participation Development Fund. This fund is advertised as specifically targeted towards assisting junior participation in State sporting events. There is currently no policy governing what the fund would cover, but along with the Community Growth Fund such a policy is being drafted to be presented to Council at a meeting date in the near future. Consultation: Nil Statutory Environment: Nil Relevant Plans and Policy: At present the Council does not have a policy in relation to administering the Sports Participation Development Fund (02L2). As such any application in relation to that fund has to be determined by Council. Financial Implications: There will be a financial implication to the Shire, but from a fund which has a budget for in order to cater for this type of request. Risk Assessment: There is no risk anticipated with this application. Council will recall in January 2016 they granted another young man (Cory Day) $500 to participate in a State Lawn Bowls Championship.


Community & Strategic Objectives: Outcome 3.4 Improved passive and active leisure and recreation facilities.

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

Comment: Given the letter which has been received, and is attached in the schedule, it would appear that support for Liam Forrester to be able to participate in the National Team Racing Championships in Adelaide in July 2016 is appropriate. There is provision made within the budget to assist this type of request. It is respectfully recommended, however, that if an amount of money is to be awarded that it should have to be both accounted for (by way of receipts), and that there should be an acknowledgement of the Shire in relation to any publicity flowing from the participation of Liam in the Championships. Given that this is an event for which the young person is ‘selected’ to represent the State and is taking place in Adelaide, it is respectfully recommended that a donation of $1000 be made. OFFICER’S RECOMMENDATION That Council make a donation in the sum of $1000 to Liam Forrester, to be taken from the Sports Participation Development Fund (02L2), and to be used solely for the purposes of travel costs for Liam to enter the National Team Racing Championships in Adelaide in July 2016 with proof of expenditure of these funds to be submitted to the Shire (by way of receipts) within 30 days of the sporting event concluding.


8.2.7 NAIDOC COMMITTEE REQUEST TO WAIVE FEES AND FLY ABORIGINAL FLAG

File No 3R0212 Date of Meeting 24 May 2016 Location/Address Shire of Carnarvon Name of Applicant Carnarvon NAIDOC Committee Author John Nuttall, Executive Manager Corporate Services Declaration of Interest Nil Voting Requirements Recommendations 1 and 2: Simple Majority Previous Report Nil

Summary of Item This report relates to a request from Carnarvon NAIDOC committee to waive the event application and hire fees associated with their programme of events for 2016 NAIDOC activities. Separately they also request that the aboriginal flag is flown at the Shire office on Francis Street for the duration of NAIDOC week (3rd to 10th July). The request comes in the form of correspondence attached at Schedule 8.2.7 Description of Proposal The proposal put forward in this item is two-fold. Firstly it is recommended that Council grant a waiver of event and venue hire fees to the NAIDOC committee, up to the value of $500. This money will come from COA 3574 (which already has an allocation of money to assist the NAIDOC week events). Secondly it is recommended that Council allow the temporary erection of a flag pole at the Francis Street offices, and allow the Aboriginal flag to be flown during NAIDOC week (3rd to 10th July 2016). The Shire will need to purchase the Aboriginal flag to fly. Again the cost of the flag pole and the flag can be taken from COA 3574. Background The community department officers have worked alongside the NAIDOC committee for the last few years, and assisted them with their celebrations. The Shire has been, and will continue working with the committee this year. As can be seen by the letter at Schedule 8.2.7 the plans for this year are for the events to run over a more substantial period of time. However the NAIDOC week takes place between 3rd and 10th July 2016. Consultation Nil 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.

Australian Government Protocols

Order of precedence

The Australian National Flag takes precedence over all national flags when it is flown in Australia or Australian territory.

After the Australian National Flag, the order of precedence of flags is: national flag of other nations, state and territory flags, other Australian flags prescribed by the Flags Act 1953, ensigns and pennants.

The Australian National Flag should not normally be flown in a position inferior to any other flag or ensign and should not be smaller than any other flag or ensign.

Relevant Plans and Policy There is a policy relating to waiving of Council’s fees which will have been determined by Council in advance of this item. However, on the assumption that no changes are made to that policy, this matter would still have to be determined by Council as the NAIDOC committee are not an incorporated body. Financial Implications There will be a cost to the Shire, but there has already been a budget allocation for NAIDOC week, so the cost will be able to come from that budget item. Risk Assessment Nil Community and Strategic Objectives

Outcome 3.5 Cohesive communities capable of supporting each other.

3.5.1

3.5.2

3.5.3

3.5.4

Develop a Youth Plan that promotes programs that assist in youth development and leadership.

Promote the development and conducting of community and cultural events.

Support and inform community organisations and groups.

Comment NAIDOC week celebrations are an important part of the cultural make-up of the Shire of Carnarvon. The committee plans to make the celebrations spread over a longer period in order that more people can be involved. This initiative should be applauded and supported by Council. It should also be noted that officers are currently about to embark upon the preparation of a Reconciliation Action Plan alongside suitably


qualified consultants. Support for these events will likely form part of the strategies and suggestions that are presented within that plan. Financial support for NAIDOC has been granted in the past, and in fact there is already budgeted an amount to support them this year. Given that their request is to waive fees it is recommended that request be granted and the funding be taken from the budget item to support NAIDOC. There is also a request to raise the Aboriginal flag during the week of NAIDOC. Given protocols relating to flag raising it is felt that an appropriate compromise is to erect a temporary flag pole which will allow the Aboriginal flag to be flow during the week of NAIDOC. OFFICER’S RECOMMENDATION’S: Recommendation 1: That Council, subject to Local Government Act 1995, Section 6.12 grant the application to waive event application fees, and Shire venue hire fees, up to a maximum of $500, with the funds to be taken from COA 3574. Recommendation 2: That Council agree to a second temporary flag pole being erected at the Francis Street offices, and the purchase and flying of the Aboriginal flag on that flag pole during office opening hours in NAIDOC week (3rd to 10th July 2016). The flag is to be flown in line with Australian Government protocols.


8.2.8 CARNARVON AIRPORT FEES AND CHARGES FOR 2016/17 File No: 5S0104 Date of Meeting: 24th May 2016 Location/Address: Shire of Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: John Nuttall, Executive Manager Corporate Services Declaration of Interest: Nil Voting Requirements: Absolute Majority

Summary of Item: To seek Council’s endorsement of proposed fees and charges with respect to the Carnarvon Airport for 2016/2017. Description of Proposal: It is proposed that the fees and charges relating to the airport be increased beginning July 1st 2016. This item is therefore brought to Council in advance of the general fees and charges item in order that a decision can be made which allows for the charges to be imposed from the beginning of the financial year. Background: A financial summary with respect to the Carnarvon airport actuals for the years 2008/2009 to 2014/2015 and Year to Date figures for 2015/16 are included at Schedule 8.2.8(a) Included at Schedule 8.2.8(b) is a comparison of the fees that would be charged for a regular transport passenger service at a number of regional airports based upon the use of a Fokker F50 aircraft. In reality, few airports are serviced by the F50 but the comparison is made to determine the competitiveness of Carnarvon fees relative to other regional airports. The Shire of Carnarvon existing fees are:

1. Passenger Levies at Carnarvon Airport Terminal (e.g. R.P.T/Charter Aircraft)

a) Full Fare Passengers $19.90 $1.99 $21.89

b) Passengers under twelve years of age $11.50 $1.15 $12.65

2. Aircraft Landing Charges

Fixed wing aircraft for each landing at Carnarvon Airport of a fixed wing aircraft where the maximum take-off weight of that aircraft is :-

a) Less than 2000kg, $12.00 per 1000kg or part thereof with a minimum monthly charge of $21.80 plus GST.

Discounted to $7.35/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box

b) More than 2000kg and less than or equal to 15,000kg, the $19.90 for each 1000kg of part thereof plus GST.


c) More than 15,001kg and less than or equal to 40,000kg, $23.85 for each 1000kg or part thereof plus GST.



d) more than 40,001kg, $31.90 for each 1000kg or part thereof plus GST


e) Rotary Winged Aircraft:

For each landing $11.35/1000k plus GST

Discounted to $7.35/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box.

3. Locally Based Aircraft

a) Annual Rate Charge – General Aviation Commercial and Private. This allows for unlimited number of take-offs and landings and no parking fees.

$527 per 1,000 kg take-off weight plus GST

b) Annual Rate Charge – General Aviation Recreation This allows for unlimited number of take-offs and landings and no parking fees.

Pro rata, based on weight of Item 3a. eg aircraft weighing 300 kg =$527*300/1000

Consultation: Nil Statutory Environment: Section 6.16 (2) of the Local Government Act 1995 enables the charging of fees for “….providing the use of, or allowing admission to, any property or facility wholly or partly owned, controlled, managed or maintained by the local government”. Fees and charges imposed or amended outside of the normal budget process must be advertised locally. Relevant Plans and Policy: No existing Policy affected. Financial Implications: As can be gleaned from the airport operational analysis report, the airport has, with the exception of 2008/09, 2009/10 and 2012/13, run at a profit after the depreciation of assets is removed. These profits are currently being absorbed into general revenue. It is hoped that with effect this coming financial year that the airport can be operated as a single entity, with those profits going into reserve to be able to properly maintain the airport. As can be seen from the attachments Carnarvon airport is in the middle value of charges. It is important to note also, that the airport fees quoted are the 2015-2016 fees and charges (with the potential for the respective local governments to raise their fees this coming year). It should also be recognised that the airports quoted are generally operated by local governments with a much larger rate base, and with substantially more passengers utilizing the facility. Broadly, for the individual payments the increase is around 4%. There is an attempt at ‘equalisation’ of fees across the airplane sizes which means it is difficult to provide a percentage increase or decrease. Risk Assessment: There is no risk anticipated.


Community & Strategic Objectives:

Outcome 1.1 Improved Shire infrastructure Key Partners

1.3.1 Advocate for the timely provision of enhanced infrastructure and utilities to facilitate economic growth. e.g., water, power, sewerage, boat launching facilities, air transport infrastructure and telecommunications.

Various relevant Agencies

1.3.2 Progress development of a new Carnarvon Airport. CASA, Private Investors

Comment: Extending the life of the present airport while future options are considered remains critical to ensure continued provision of air transport services to Carnarvon. Council will be aware that there is to be an upgrade of the airport runway which will hopefully be completed by early in the new financial year. In order to minimize the number of ‘bands’ which need to be calculated and considered, and to fall in line with the way in which some other local governments operate their fee structures for airports, the recommendation is to reduce the number of charging ‘bands’ to three. This will cover small aircraft (under 2000kg) and then aircraft between 2000kg and 15000kg and finally all other aircraft larger than that size. OFFICER’S RECOMMENDATION That Council in accordance with section 6.16 of the Local Government Act, impose the following airport regular passenger transport levies and landing charges, effective 1st July 2016:

1. Passenger Levies at Carnarvon Airport Terminal (e.g. R.P.T/Charter Aircraft)

a) Full Fare Passengers $20.70 $2.07 $22.77

b) Passengers under twelve years of age $11.00 $1.10 $12.10

2. Aircraft Landing Charges

Fixed wing aircraft for each landing at Carnarvon Airport of a fixed wing aircraft where the maximum take-off weight of that aircraft is :-

a) Less than 2000kg, $12.50 per 1000kg or part thereof with a minimum monthly charge of $21.80 plus GST.


b) More than 2000kg and less than or equal to 15000kg $20.70 for each 1000kg or part thereof plus GST.


c) More than 15000kg

$26.00 for each 1000kg or part thereof plus GST


d) Rotary Winged Aircraft:

For each landing $11.80/1000k plus GST

Discounted to $7.70/1000kg (GST Inc) if Cash Payment is made into On-Site Honour Box.

3. Locally Based Aircraft


a) Annual Rate Charge – General Aviation Commercial and Private. This allows for unlimited number of take-offs and landings and no parking fees.

$548.00 per 1,000 kg take-off weight plus GST

b) Annual Rate Charge – General Aviation Recreation This allows for unlimited number of take-offs and landings and no parking fees.

Pro rata, based on weight of Item 3a. eg aircraft weighing 300 kg =$548.00*300/1000



8.2.9 RECISION AND RE-DETERMINATION MOTION BROCKMAN PARK STRUCTURE PLAN PROJECT File No: 4A0187 Date of Meeting: 27 January 2016 Location/Address: N/A Name of Applicants: John Nuttall, Executive Manager Corporate Services Name of Owner: N/A Author/s: John Nuttall, Executive Manager Corporate Services Declaration of Interest: Nil Voting Requirements: Recommendation 1: One third of Council Recommendation 2: Absolute Majority Recommendation 3: Absolute Majority Previous Report: 22 March 2016

Summary of Item: This item seeks Council consent to rescind a motion passed by Council at the March Ordinary Council Meeting, and agree a new recommendation relating to the same item. Description of Proposal: The proposal is that Council resolve firstly to consider the request to rescind the original motion, and then resolve to rescind the motion passed at the March Ordinary Council Meeting relating to the proposed Brockman Park Structure Plan Project. Should Council agree to the first two requests, there is finally a new motion to vote upon. A copy of that whole agenda item (with Council resolution attached) is copied in the background section below. Background: An agenda item was presented to Council relating to the Brockman Park Structure Plan Project at the Ordinary Council Meeting in March 2016. Unfortunately not all of that item was in accord with procedures relating to the required procurement process to select the most appropriate consultant for this project. Separately, although the recommendation had been to proceed with a formal tender process, it is respectfully suggested that process is unnecessary in relation to this project. A far more appropriate way to conduct the process is to use the WALGA preferred supplier list, and invite all the relevant consultants on that list to supply a quotation for the work. The advantages to that process are both speed, and the knowledge that WALGA have already undertaken a ‘due diligence’ review of all the recommended suppliers on their list. Extract of minutes from Ordinary Council Meeting 22 March 2016 8.3.8 PROPOSED BROCKMAN PARK STRUCTURE PLAN PROJECT BRIEF AND AGING IN PLACE

PROJECT SCOPE, BROCKMAN PARK CARNARVON QQQQQ

Cr Garrett declared an Impartiality Interest in this item as he is Chairman of the Gascoyne Memorial Foundation who are involved in the provision of aged accommodation in Carnarvon. He was not required to leave the meeting and could participate and vote on the matter. File No: 4A0187 Date of Meeting: 22 March 2016


Location/Address: Part of Lot 1179 on P213005, Part of Lot 1193 on P181640, Part of Lot 1147 on P173472 at David Brand Drive, Carnarvon

Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Marius Shepherd, Manager Planning Declaration of Interest: Nil Voting Requirements: Simple Majority Date of previous meeting: Nil

Summary of Item: This report recommends the preparation of a new Structure Plan for the southern portion of Brockman Park, and accordingly seeks Council’s endorsement of:

• A project brief that details purpose, aims, key considerations and suggested methodology for the planning process;

• Formation of a steering group to guide the project under the auspice of Council; • Submissions to be called from suitably qualified and experienced Planning Consultants; • Tender selection criteria and weighting to be incorporated into the formal quotation process.

Description of Proposal: The aim of this planning exercise is to provide a detailed Structure Plan in accordance with the relevant provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 that describes, graphically illustrates, and spatially articulates the future built form recommended for the study area by its current zoning. Similarly, the new Structure Plan will also:

Detail road networks and access requirements;

Include an urban water management plan outlining drainage requirements and landscaping;

Include a geotechnical assessment confirming capability of the land for the proposed type of development;

Consider the potential impacts of storm surge from the Gascoyne River and fascine;

Identify the areas of open space to contribute to the 10% requirement for public open space in the Brockman locality which is to be reclassified accordingly.

The project will culminate in a development prospectus that will include a detailed layout design plan and indicative sketch floor plans and elevations considering a mix of independent living and residential care units comprising 1, 2 and 3 bed units. The prospectus will assist with seeking funding for construction and fit out, and will be based on a feasibility study ascertaining the viability and costs involved of constructing, maintaining and servicing an “ageing in place” facility. The detailed plans shall be prepared reflecting a mix of independent living and residential care units in accordance with the Residential R Codes provisions at a R50 density. The feasibility study shall also be prepared taking into consideration and addressing the projected trends and increasing demand for age care services at all levels coupled with accommodation need based on an aging population. The feasibility study shall also assess the connectivity and accessibility improvements (i.e. infrastructure and services audit) and their associated costs applicable to the proposed development and site layout. The financial viability and costs involved of constructing, maintaining and servicing an “ageing in place” facility in the proposed development area will be determined, considering the market status and projected demand for this form of housing, with emphasis land tenure options and individual affordability. Funding opportunities from the private sector and Government will be investigated, and commercial options and partnership opportunities identified. Background:


For several years now the Shire of Carnarvon has considered the development of residential aged care housing. Council has previously indicated that the southern part of Brockman Park adjacent to the existing Gascoyne Memorial Foundation (GMF) retirement units is preferable to accommodate such a facility. A scheme amendment (Amendment 69) to Town Planning Scheme No. 10 to reclassify the site from a “Parks and Recreation Reserve” to a “Special Use Zone – Aged Care” has recently been completed (Council adopted at its ordinary meeting held 24 February 2015), with the Minister subsequently approving the zoning as follows:

Appendix No. IX – Schedule of Special Use Sites

Land and Property Description

Primary Uses Development Requirements

Part Lots 1193 on Plan 181640, 1179 on Plan 213005 and 1147 on Plan 173472 David Brand Drive, Carnarvon.

Aged or Dependent Persons Dwelling. Other uses to be listed is incidental (IP use):

Caretaker’s dwelling

Medical Clinic

Health Studio

Arts & Craft Studio

Car Park

1. No development will be permitted until such time as a structure plan has been prepared to the satisfaction of local government and the Western Australian Planning Commission, in accordance with the relevant provisions of Part 4 – Structure Plans in Schedule 2 – Deemed Provisions for local planning schemes of the Planning and Development (Local Planning Schemes) Regulations 2015.

2. In addition to the

structure planning requirements provided at Part 4 of Schedule 2 – Deemed Provisions for local planning schemes , a Structure Plan shall include but not be limited to the following:

road networks and access requirements;

urban water management plan outlining drainage requirements and landscaping;

geotechnical assessment confirming capability of the land for development;.


consideration of potential impacts of storm surge from the Gascoyne River;

Areas of open space to be identified to contribute to the 10% requirement for public open space in the Brockman locality which is to be reclassified accordingly.

Special note should be taken of the Development Requirements (3rd column) which requires a Structure Plan to be prepared (including supporting studies and reports) before any development may occur. Consultation: Public consultation occurred during the scheme amendment process, and further public consultation will be conducted during the Structure Planning process. Statutory Environment: Town Planning Scheme (TPS) No. 10 The property is currently zoned “Special Use – Aged Care” with Development requirement in Schedule IX of TPS No. 10. Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 (Deemed Provisions) Part 4 of the Deemed Provisions outlines the requirements of Structure Plans. Local Government Act 1995 With regard to selection of a planning consultant the Council will procure a Consultant to prepare the Structure Plan through a formal Tender process in accordance with the requirements for tendering under Section 3.57 of the Act and Division 2 of the Local Government (Functions and General) Regulations 1996. Relevant Plans and Policy: There are no relevant plans or policy relating to the proposed development. Financial Implications: In 2015, the Shire of Carnarvon signed a Memorandum of Understanding (MoU) with the Gascoyne Development Commission (GDC), to deliver Aging in Place (AiP), a fully grant funded Royalties for Regions Project. The grant funding for this project is allocated within the 2015-16 Budget COA 1952 Job 1954 for $250,000 with $50,000 payment already received by the Shire being for the execution of the agreement. Unspent portions of this grant funded expenditure will need to carry through to the 2016-17 Budget as the Project completion date is in November 2016.

A review of the MoU Agreement was initiated by GDC and a variation to the agreement was signed in February 2016 which allowed for the deliverables to be aligned more appropriately with achieving a more effective outcome. There was no financial change to the grant funds associated with the MoU variation. Risk Assessment: There are no risks identified with this project. Community & Strategic Objectives: The proposal supports the following outcomes from the Carnarvon Strategic Community Plan 2011:


Comment: It is proposed that a Steering Group be formed to oversee and guide a suitably qualified and experienced planning consultancy in undertaking the review process and prepare the Structure Plan. While the Consultant will be selected through a formal process, the formation of the working group should be determined by Council through invitation of representatives from key Government agencies together with two Councillors and staff:

Shire of Carnarvon – Councillors x 2 (Chairperson), CEO, EMDS, MP

Gascoyne Development Commission - Representative x 1

Department of Housing – Representative x 1

WA Country Health Services – Representative x 1 It is also suggested other persons may be co-opted as required (Shire staff or agency representatives as determined by the Chairperson in consultation with the Shire CEO and Executive Manager Development Services), and will ensure prominent issues and opportunities are identified and suitably addressed through the process. As mentioned, the engagement of a Consultant to prepare a Structure Plan should be undertaken through a formal Tender process in accordance with the requirements for tendering under the Local Government Act 1995. The following selection criteria are recommended:

Selection Criteria Weighting

Consultant skills and experience of staff to work on this project 20%

Demonstrated experience in completing similar projects 20%

Understanding of the task and methodology 25%

Tendered price 30%

Recognition of project time line 5%

TOTAL 100%

As for the selection process, it is suggested a panel consist of the two Councillors on the Steering Group, the Chief Executive Officer (CEO), the Executive Manager Development Services and the Manager Planning, with delegation to appoint the successful planning consultancy granted to the CEO. OFFICER’S RECOMMENDATION That Council:

1. Adopt the draft Brockman Park Structure Plan project brief as provided at Schedule 8.3.8 to this report, including compilation of the Steering Group representation;

2. Nominate two Councilors (one as Chairperson) as Council representatives on the Working Group. Cr. (Chairperson) Cr.

3. Proceed with a formal Tender process in accordance with the requirements for tendering under Section 3.57 of the Local Government Act 1995 and Division 2 of the Local Government (Functions and General) Regulations 1996).

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

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

3.7.5 Advocate for residential aged care facilities to be available locally.


4. Endorse the following criteria and weighting to be incorporated into the selection process, and based on the highest score as determined by the selection panel consisting of the two Councilors on the Steering Group, the Chief Executive Officer (CEO) the Executive Manager Development Services and the Manager Planning, and grant delegation to CEO to appoint the successful Consultant:





Tendered price 30%


TOTAL 100%

FC 24/3/16 COUNCIL RESOLUTION & OFFICER’S RECOMMENDATION Cr B Smith/Cr Simpson That Council:


2. Nominate two Councillors (one as Chairperson) as Council representatives on the Working Group. Cr B Smith. (Chairperson); Cr Garrett

3. Proceed with a formal Tender process in accordance with the requirements for tendering under Section 3.57 of the Local Government Act 1995 and Division 2 of the Local Government (Functions and General) Regulations 1996).

4. Endorse the following criteria and weighting to be incorporated into the selection process, and based on the highest score as determined by the selection panel consisting of the two Councilors on the Steering Group, the Chief Executive Officer (CEO) the Executive Manager Development Services and the Manager Planning, and grant delegation to CEO to appoint the successful Consultant:





Tendered price 30%


TOTAL 100%

CARRIED

F7/A0

Consultation: There has been no consultation relating to the request to rescind the motion from the Ordinary Council Meeting in March 2016. Statutory Environment: Council’s standing orders say as follows: Revoking of Changing Decisions


19.1 Revoking Decisions - When this Can Occur

A decision may be revoked or changed at the same meeting at which it was made if -

(1) (a) at least one third of the number of offices (whether vacant or not) of members of the Council or Committee support the motion to revoke or change the decision;

(b) the member who proposes the revocation or change of the decision - (i) clearly identifies the decision to be revoked or changed and; (ii) clearly states the reason for seeking the revocation or change;

(c) the motion to revoke or change the decision is carried - (i) in the case where the decision to be revoked or changed was required to be

carried by an absolute majority or by a special majority, by that kind of majority; or

(ii) in any other case by an absolute majority;

(2) A decision may be revoked or changed at a meeting other than the one at which it was originally made if -

(a) The motion to revoke or change the decision is supported -

(i) in the case where an attempt to revoke or change the decision has been made within the previous 3 months but had failed, by an absolute majority; or

(ii) in any other case, by at least one third of the number of offices (whether vacant or not) of members of the Council or Committee;

(b) the member who proposes the revocation or change of the decision - (i) clearly identifies the decision to be revoked or changed; and (ii) clearly states the reason for seeking the revocation or change;

(c) the motion to revoke or change the decision is carried - (i) in the case where the decision to be revoked or changed was required to be

carried by an absolute majority or by a special majority, by that kind of majority; or

(ii) in any other case, by an absolute majority; 19.2 Implementation of a Decision

(1) If a notice of motion to revoke or change a decision of the Council or a Committee is received by the CEO before any action has been taken to implement that decision, then no steps are to be taken to implement or give effect to that decision until such time as the motion of revocation has been dealt with.

(2) The Council or a Committee shall not entertain a motion for revocation or change of a decision

of the Council or the Committee whether the motion of revocation or change is moved with or without notice, if at the time the motion is moved or notice is given -

(a) action has been taken to implement the decision; or (b) where the decision concerns the issue of an approval or the authorisation of a licence,

permit or certificate, and where that approval or authorisation of a licence, permit or certificate has been put into effect by the Council in writing to the applicant or the applicant's agent by an employee of the Council authorised to do so;

unless there is a statement of impact of the legal and financial consequences of accepting and carrying a motion of revocation or change.


19.3 Motion to Change Having Effect of Revocation

This Clause does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different.

Relevant Plans and Policy: P-E-19 Procurement procedures Manual, at Section 2.8 says as follows: The submissions shall be evaluated in accordance with the Tender Information and Conditions of Tender or in respect of specific criteria recorded in the specification/scope of works.

2.8.1 Evaluation Panel

To ensure that the evaluation of quotations, expressions of interest and tenders are undertaken in a fair and reasonable manner the following directions must be adhered to when evaluating competitively tendered purchases.

Tender evaluation panel members are as follows:

• Chief Executive Office or Delegate • Manager Governance or Delegate • Director or Manager of Relevant department • Finance Representative • Independent specialist (Optional)

Financial Implications: Nil Risk Assessment: Should the motion to rescind fail, then the difficult situation will arise that a process has been resolved to take place which goes against both Council policy, and the recommendations for the Local Government Department when they undertook the probity audit of the Shire some years back. Community & Strategic Objectives:

Comment: It is extremely unfortunate that this matter has had to be returned to Council. It is acknowledged by officers that a mistake was made in the original motion in relation to both the need to undertake a full tender process, and then the make-up of the selection panel who are to determine the appropriate consultant based upon their submissions. The Local Government Department has indicated that there should be a separation of powers which should exclude Council members from taking part in the selection process which means that

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

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

3.7.5 Advocate for residential aged care facilities to be available locally.


Councillors should not have been nominated to the selection panel. The Chief Executive Officer, having received delegation to appoint the nominated consultant should also be separate from the selection process. Finally, as per the procurement procedures manual, there should be a selection panel member from the governance section, and from the finance section. Accordingly it is recommended to rescind the original decision, allow the process to be run via the WALGA preferred supplier list, and alter the make-up of the selection panel. OFFICER’S RECOMMENDATION’S: Recommendation 1: Subject to Standing Order 19.1 (2) (a) (ii) Council allow the motion to consider revoking the decision made in Minute FC 24/3/16 at the Ordinary Council Meeting 22 March 2016. (One third of Council must support) Recommendation 2: Subject to Standing Order 19.1 (2) (c) (ii) Council resolve to revoke the decision made in Minute FC 24/3/16 at the Ordinary Council Meeting 22 March 2016. (Absolute Majority) Recommendation 3: That Council:


2. Nominate two Councillors (one as Chairperson) as Council representatives on the Working Group. Cr B Smith. (Chairperson); Cr Garrett

3. Proceed with a request for quotation from suitable qualified consultants who have been pre-selected by WALGA.

4. Endorse the following criteria and weighting to be incorporated into the selection process, and based on the highest score as determined by the selection panel consisting of Manager Planning, Executive Manager Corporate Services and Governance Officer, and grant delegation to CEO to appoint the successful Consultant:





Tendered price 30%


TOTAL 100%

(Absolute Majority)


8.2.10 INTENTION TO IMPOSE DIFFERENTIAL RATES FOR 2016/2017 File No: 2F0514 Date of Meeting: 24 May 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: Absolute Majority

Summary of Item: To seek Council’s endorsement to impose differential rates relating to properties valued on an unimproved basis for the 2016/2017 financial year. Description of Proposal: The Shire of Carnarvon has historically applied differential rates only to land parcels affected by unimproved valuations (UV). It is proposed to continue the same model for the 2016/2017 financial year. The differential rate objective is one of equity and assurance that specific land parcels are not subsidising others. It can also be used if Council desires growth stimulation in a particular area of the district or may be used to offset dramatic increases in valuations in particular areas. Background: The power to set differential rates is contained in section 6.33 of the Local Government Act 1995 and is provided to assist Councils with particular rating difficulties to achieve rating equity between different land characteristics. A Council may impose general differential rates and minimum value differential rates on properties within its district according to one or more combinations of the following characteristics:-

the zoning of the land under Council’s Town Planning Scheme;

the predominant purpose for which the land is held or used as determined by Council; or

whether or not the land is vacant. Recent communication from the Department of Local Government and Communities has identified that Council are required to endorse not only the imposition of differential rates, but also the objects and reasons for the imposition of that type of rating. Reasoning for the differential rates has been provided, but Council may of course add to or vary those reasons. UV Mining and Pastoral Traditionally, in the Shire of Carnarvon the number of mining assessments has been in excess of pastoral leases while overall valuations have been around one third of pastoral valuations. This low valuation reflects the predominance of lower-value prospecting and exploration leases rather than higher value mining leases. UV Intensive Horticulture Following Council’s decision in October 2006 to rate horticultural (plantation) properties on unimproved values it is necessary to impose a differential rate that offsets the high unimproved valuations associated with such land uses. The object of the rate for the categories of UV Pastoral and UV Horticulture is to raise revenue required to fund the additional cost impacts attributed to the servicing of these properties. The reason is that the Shire incurs higher costs in service provision and infrastructure maintenance as a result of extra vehicle movements on the Shire’s road network due to the location and commercial nature of these properties outside the town


site. The object of the rate for the category of UV mining is again to raise revenue to fund the additional cost impact to the Shire. The reason this category is rated higher that the other two rates is to reflect the higher road infrastructure maintenance costs to the Shire as a result of use of extensive lengths of Shire roads throughout the year, and the relatively low total contribution from this sector to the overall total. Given that unimproved values are assessed annually by Landgate, it is likely that the proposed horticultural differential rate will need to be reduced to compensate for any increase in such values. As is the formal procedure for imposing differential and general minimum rates, Council need to advertise the proposed rates for public comment and also seek Ministerial approval prior to adopting the budget. The rates proposed for advertising using existing values with the intention that overall rate revenue increases by 5 percent. Due to legislative requirements outlined in section 6.35, subsection (3) (b) of the Local Government Act 1995, when imposing a general minimum rate Council must ensure that they do not apply the general minimum rate to more than 50% of the number of properties in each rating category. In reference to the total number of Council’s mining tenements (made up of prospecting and exploration leases, as stated above) there are currently 45 listed on our rating system and 50% of this is 22.5. It is impractical to apply a differential rate to half of a mining tenement and a general minimum rate to the other half, therefore the maximum number of “properties” that can have the minimum applied in this case is a total of 23. In order to be compliant as per the relevant sections of the Act pertaining to imposing differential and general minimum rates, two rate models have been calculated to give Council an indication of the estimated rate revenue anticipated for 2015/16. The first model is based on a 10 percent increase to UV Mining and a 5 percent increase to UV Pastoral and Intensive Horticulture, whilst the second model is a 6 percent increase overall with a general minimum rate of $200 applied to UV mining. The results and explanations for both models can be reviewed under “Financial Implications” section of this report as listed below. Consultation: Nil Statutory Environment:

6.33. Differential general rates

(1) A local government may impose differential general rates according to any, or a combination, of the following characteristics —

(a) the purpose for which the land is zoned, whether or not under a local planning scheme or improvement scheme in force under the Planning and Development Act 2005;

(b) a purpose for which the land is held or used as determined by the local government;

(c) whether or not the land is vacant land; or

(d) any other characteristic or combination of characteristics prescribed.

(2) Regulations may —

(a) specify the characteristics under subsection (1) which a local government is to use; or


(b) limit the characteristics under subsection (1) which a local government is permitted to use.

(3) In imposing a differential general rate a local government is not to, without the approval of the Minister, impose a differential general rate which is more than twice the lowest differential general rate imposed by it.

(4) If during a financial year, the characteristics of any land which form the basis for the imposition of a differential general rate have changed, the local government is not to, on account of that change, amend the assessment of rates payable on that land in respect of that financial year but this subsection does not apply in any case where section 6.40(1)(a) applies.

(5) A differential general rate that a local government purported to impose under this Act before the Local Government Amendment Act 2009 section 39(1)(a) came into operation 1 is to be taken to have been as valid as if the amendment made by that paragraph had been made before the purported imposition of that rate.

[Section 6.33 amended by No. 38 of 2005 s. 15; No. 17 of 2009 s. 39; No. 28 of 2010 s. 34.]

6.35 . Minimum payment

(1) Subject to this section, a local government may impose on any rateable land in its district a minimum payment which is greater than the general rate which would otherwise be payable on that land.

(2) A minimum payment is to be a general minimum but, subject to subsection (3), a lesser minimum may be imposed in respect of any portion of the district.

(3) In applying subsection (2) the local government is to ensure the general minimum is imposed on not less than —

(a) 50% of the total number of separately rated properties in the district; or

(b) 50% of the number of properties in each category referred to in subsection (6),

on which a minimum payment is imposed.

(4) A minimum payment is not to be imposed on more than the prescribed percentage of —

(a) the number of separately rated properties in the district; or

(b) the number of properties in each category referred to in subsection (6),

unless the general minimum does not exceed the prescribed amount.

(5) If a local government imposes a differential general rate on any land on the basis that the land is vacant land it may, with the approval of the Minister, impose a minimum payment in a manner that does not comply with subsections (2), (3) and (4) for that land.

(6) For the purposes of this section a minimum payment is to be applied separately, in accordance with the principles set forth in subsections (2), (3) and (4) in respect of each of the following categories —

(a) to land rated on gross rental value; and

(b) to land rated on unimproved value; and


(c) to each differential rating category where a differential general rate is imposed Relevant Plans and Policy: There are no policies that affect this agenda item. Financial Implications: The following calculations are based upon actual Valuations (not confirmed by Landgate at the time this report was produced) and bearing in mind the need to accommodate at least a 5 percent rate revenue increase, the following differential rates are proposed: Option One - Increase of up to 5% on UV Categories with the General Minimum payment amount set to less than the prescribed amount for UV Mining Option one seeks to increase the rate in the dollar and the general minimum applied across each category overall by up to 5 percent. However, by applying an increase of up to a 5 percent to the current UV Mining category, the rate model has calculated 25 properties from the total of 45 at a minimum payment. This total number of properties on minimum payments does not meet the criteria set by the Local Government Act and therefore, would make Council non-compliant as per the Act. To resolve this issue and ideally retain the 5% increase, considerations were made with regards to the general minimum payment amount. The general minimum amount set for 2015/16 was $240 and this met the 50% threshold required by the Act. This amount was also a reduction of up to 32% on the previous year although an increase of up to 10% was applied to the rate in the dollar in efforts to compensate for such a reduction. As a result of meeting legislative requirements Council would need to consider applying a minimum rate to the UV Mining category of less than the prescribed amount as per section 6.35, subsection (4) of the Local Government Act. The prescribed amount referred to is $200. The following rate model proposes that a General Minimum amount of $140.00 (a further reduction on the previous year) is applied to the UV Mining category whilst retaining the 5% increase. By applying this amount, the rate model calculates 22 properties at a minimum payment and would result in Council meeting the 50% threshold. We would then be conforming to the Local Government Act legislative requirements outlined for setting Differential Rates. The following calculations for Option One are as follows:

Category Rate in the $ Minimum Rate

Actual Actual Estimated

Rateable Valuations

Rate Revenue Rate Revenue

(Inc. Mins) (Inc. Mins)

15/16 16/17 15/16 16/17 15/16 15/16 16/17

UV Mining 11.0596 11.5407 240 140 571,152 73,634 66,311

UV Pastoral 6.0326 6.2950 368 383 2,838,110 172,490 179,700

UV Intensive Horticulture 0.7517 0.7844 721 750 67,341,000 506,840 530,002

TOTALS 71,023,579 752,964 776,013


Option Two - Increase of up to 5% on all UV Categories with $200 General Minimum payment applied to UV Mining In section 6.35, subsection (4) of the Local Government Act 1995, it reiterates the message that Council cannot impose a minimum payment on more than the prescribed percentage of the number of properties within each category. Unless, the general minimum does not exceed the prescribed amount - the prescribed amount being $200. Again, option two seeks to increase the rate in the dollar and the general minimum applied across each category overall by up to 5 per cent, with exception to the general minimum rate applied to UV Mining which has been set to the prescribed amount of $200. By applying the prescribed amount it means that the restriction of having to meet the 50% threshold in reference to applying the general minimum is lifted. However, as stated previously, this is still subject to Ministerial approval. The following calculations for Option Two are as follows:

Category Rate in the $ Minimum Rate

Actual Actual Estimated

Rateable Valuations

Rate Revenue Rate Revenue

(Inc. Mins) (Inc. Mins)

15/16 16/17 15/16 16/17 15/16 15/16 16/17

UV Mining 11.0596 11.5407 240 200 571,152 73,634 67,772

UV Pastoral 6.0326 6.2950 368 383 2,838,110 172,490 179,700

UV Intensive Horticulture 0.7517 0.7844 721 750 67,341,000 506,840 530,002

TOTALS 71,023,579 752,964 777,474

It must be understood the purpose of this Agenda Item is to set an estimated Differential Rate so a request can be sent to the Minister after advertising and seeking submissions from the electorate. Invariably the actual rate amount set will differ from the estimate once the valuations have been received from Landgate for the next financial year. However the legislation allows these rate in dollar amounts to be adjusted to reflect the actual valuations by making notation in the Shires Adopted Budget and on the Rate Notices sent out. Such notation is to explain the reason for the difference between the advertised Differential Rate and that imposed being due to valuation adjustments from Landgate. The actual Rate Revenue raised will not differ significantly. Section 6.35 of the Local Government Act needs to be considered here, “in applying a minimum rate a Local Government is to ensure the general minimum is imposed on not less than-

(a) 50% of the total number of separately rated properties in the district; or (b) 50% of the number of properties in each category.

To accommodate this requirement the above Rate in the Dollar and minimum rates are proposed. Risk Assessment:


The risk of Council not adopting either one of the above proposed differential and general minimum rates could result in the Shire being in breach of the Act. The legislation states that Council must give sufficient notice to the public advising of the intention to impose differential rates and invite submissions from any ratepayers or electors in respect to the proposal. The time allowed for the submissions to be made is 21 days, after this period expires Council are then required to write to the Department of Local Government requesting Ministerial approval to impose the proposed rates. The process as outlined above, all needs to be carried out prior to the adoption of the 2016/17 Annual Budget. Community & Strategic Objectives:

Outcome 5.4 Long-term financial viability.



Implement long term financial planning.

Comment: The difficulty with the legislative requirements surrounding the imposition of Differential Rates is the time factor involved to:

Obtain the valuations for the forthcoming financial year from Landgate;

Advertise the proposed differential rates based upon estimates; and

Seek Ministerial approval. All this needs to be completed at a time before the adoption of Council’s budget for the next financial year; hence the reason the differential rates are based upon estimations using:

the previous year valuations;

estimated UV increase for the next year; and

estimated possible rate revenue increases for the next year. An overall increase of up to 10% was applied to the 2015/16 imposed Differential Rates and this was not seen to be too unreasonable. Although the rate model options of an increase of up to 5% may be perceived as being unfair between the UV categories and on the back of the previous years’ increase, the overall variance between the estimated net totals calculated for 16/17 and the actual rate revenue received in 15/16 is an average of less than 3.5%. It should also be noted that there is equality in the provision and availability of services. For example, the comparison between Mining and Pastoral is evident in the form of unimproved valuations applied to the mining leases being significantly lower than those applied to pastoral properties, however the pastoral properties benefit from services provided such as maintenance of rural roads. In this instance it is not uncommon for the proposed differential rate set for the UV mining rate in the dollar to be at least twice that of pastoral lands, by doing this it attempts to achieve equitable sharing of the rate burden.


As mentioned previously, due to unimproved values being assessed annually it is likely that the proposed horticultural differential rates will need to be reduced to compensate for any increases in such values, again this is in our efforts to be equitable. Overall, both rate models are comparable with the variance between the two estimated net values not being significant. However, it is the officer’s recommendation that Council consider to adopt the second rate model (option two) keeping in line with the pattern of previous years proposals but also being mindful that efforts have been made to try and accommodate each category on its own merit. Councils Budgeted Rate Revenue in 2015/2016 of $4,436,368 was 35.44% of its Operating Revenue for this year. Council’s Auditors have indicated that a “Rate Coverage Ratio” of 40% is acceptable, as it indicates a lower dependency on government grants and other funding sources. OFFICER’S RECOMMENDATION’S

1. That Council seeks approval under section 6.33 of the Local Government Act to impose differential rates for 2016/17 land parcels that have unimproved valuations assigned to them as follows;

Category Rate in the $ Minimum Rate $

UV Mining 11.5407 200.00

UV Pastoral 6.2950 383.00

UV Plantations 0.7844 750.00

2. That Council publicly advertises its intention to impose differential rates, pursuant to section 6.36 (1) of the Local Government Act 1995 and invites public submissions for a period of twenty one days; and

3. That Council adopt the reasons and objectives of the differential rates relating to UV Horticulture and UV Pastoral as being ‘to raise revenue required to fund the additional cost impacts attributed to the servicing of these properties. The reason is that the Shire incurs higher costs in service provision and infrastructure maintenance as a result of extra vehicle movements on the Shire’s road network due to the location and commercial nature of these properties outside the town site.’

4. That Council adopt the reasons and objectives of the differential rates relating to UV Mining as being ‘to raise revenue to fund the additional cost impact to the Shire. The reason this category is rated higher that the other two rates is to reflect the higher road infrastructure maintenance costs to the Shire as a result of use of extensive lengths of Shire roads throughout the year, and the relatively low total contribution from this sector to the overall total.’

5. That Council consider any submissions in respect of imposition of differential rates as part of the

2016/2017 Budget deliberations


8.3.1 PROPOSED CLOSURE OF PORTION OF OLIVIA TERRACE ADJACENT PRIVATE LAND AT LOT 2 (HN 151) OLIVIA TERRACE AND BAXTER PARK SOUTH CARNARVON

File No: 4S0301; A457 Date of Meeting: 24 May 2016 Location/Address: Part Olivia Terrace adjoining Lot 2 D30904 (HN 151) Olivia Terrace Name of Applicant: Beneditto Dei Giudici Name of Owner: Road Reserve managed by Shire of Carnarvon Authors: Marius Shepherd, Manager Planning; Robert Pringle, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Date of Previous Report: Nil

Summary of Item: This report relates to a request from the owner of Lots 2 (HN 151) Olivia Terrace, South Carnarvon to acquire a piece of land adjacent to his property which falls within the Olivia Terrace road reserve adjacent to Baxter Park and it’s extension along Olivia Terrace and the Fascine. Following public consultation, the closure of the road reserve is from the end of the sealed road surface along lot 2 and Baxter Park is not recommended. Description of Proposal: The owner of Lot 2 D30904 (HN 151) Olivia Terrace, South Carnarvon has requested the Shire to initiate the process of closing a portion (approximately 175m2) of Olivia Terrace adjacent to his property in order for him to acquire it in fee simple (freehold). Figure 1 below illustrates the approximate proposal on recent aerial imagery (shows the in-process fascine redevelopment carried out in 2015).

Figure 1 – Portion of Olivia Terrace desired to be closed for purchase by the adjacent land owner

Lot 2

Proposed portion of OLIVIA TERRACE to be closed and acquired by owner of Lot 2


Figure 2 (below) illustrates the potential survey plan, modified to illustrate the potential boundary which would be in line with the existing boundary between Lots 1 and 2. The local government officers prior to the March 22, 2016 meeting recommended that the closure be extended to include the whole of the unused road reserve, as this portion of Olivia Terrace is unlikely to be developed as a public road. This represents a potential closure of approximately 1160.5m2 of the road (Figure 3), which was advertised for a 35 day period.

Figure 2 – Proposed survey plan (note correction after Figure 3 – Road Closure Map as advertised consultation with the applicant)

Background: In response to the initial request for road closure by the adjacent property owner, and officer recommendation to closure a further portion of the affected road, Council resolved (FC 16/3/16) to advertise the road closure request in accordance with the Land Administration Act 1997. Submissions on the proposal closed on 11 May 2016. Consultation: The road closure request was advertised in the Midwest Times/Northern Guardian, on the Shire’s Website, at the Administration Office and by direct mail to the adjacent property owner at Lot 1. The submission period was for 35 days, from 6 April to 11 May 2016. Four (4) submissions were received as outlined in the schedule of submissions, Schedule 8.3.1 (a). Prior to the March Council report, a Dial-Before-You-Dig enquiry was made using the online portal. Telstra, WaterCorp and Horizon Power responded to the request. There is a need to further clarify the position of Telstra and Horizon Power assets in the vicinity of the closure request, as these services appear to be crossing the desired area of purchase, and would be costly to relocate. The cost of relocation would be borne by the applicant. Letters have been sent to the responsible agencies and the responses will be forwarded to the Department of Lands for consideration if the road closure is supported.

Statutory Environment: Land Administration Act 1997 Section 58 Closure of roads of the Act states:


“(1) When a local government wishes a road in its district to be closed permanently, the local government may, subject to subsection (3), request the Minister to close the road.

(2) When a local government resolves to make a request under subsection (1), the local government must in accordance with the regulations prepare and deliver the request to the Minister.

(3) A local government must not resolve to make a request under subsection (1) until a period of 35 days has elapsed from the publication in a newspaper circulating in its district of notice of motion for that resolution, and the local government has considered any objections made to it within that period concerning the proposals set out in that notice.”

Special Note: the regulations referred to in subsection (2) above refers to Regulation 9 of the Land Administration Regulations 1998.

A road that has been closed becomes Crown Land, which the Minister may dispose of through the provisions of Section 87 of the Act. Town Planning Scheme (TPS) 10 Under TPS 10 the portion of Olivia Terrace proposed for closure is reserved for “Local Road” (see Figure 4 below).

Figure 4 – Portion Olivia Terrace reserved ‘Local Road’

Under TPS 10 Part III - Reserved Land, parts of the Scheme Area are included in reserves including Public Purpose Reserves, and further states:

“3.2 (a) Land set aside under this Scheme for the purpose of a reservation is deemed to be reserved for the purpose indicated on the Scheme Map. (b) Except as otherwise provided in this Part, a person shall not carry out any development on land reserved under this Scheme, including the erection of a boundary fence, without firstly applying for and obtaining from the Local Government a planning approval pursuant to Part 2 hereof.


(c) In granting its Planning approval, the Local Government shall have regard to the ultimate purposes intended for the reserve.”

This means that any future development (which includes any use) on the land will be subject to planning approval, until such time as the zoning or reservation of the property is changed to the desired ‘Residential’. Relevant Plans and Policy: There are no current relevant plans or policy in this regard. Financial Implications: The Local Government may be responsible for certain works relating to the road closure, including the installation of appropriate signage and barriers to prevent vehicular access into the Fascine/surge wall walkway and through to Baxter Park/West Street car park. These works are recommended regardless of the outcome, as there is a persistent issue with inappropriate parking and driving through along the fascine walkway. Ongoing maintenance costs associated with the land are likely to be borne by the Local Government regardless of the road closure taking effect. There may be additional long term management costs attributed to the Shire, the extent of which is not known at this stage. Risk Assessment: The Local Government must ensure that future development of land would not cause damage to any services. Relocation of service assets may be required, and if so, would be required as a condition of future approvals. It would be possible for easements to be created, but this may restrict future development, and as such any plans submitted for assessment would require surveyed details of those services. The subject area is currently reserved for “Local Road” under TPS 10 and any future land use will need to be determined by Council. It is likely that the proponent will have to request a Scheme Amendment to better suit the intended land use, unless the proposed closing coincides with the development of Local Planning Scheme No 13. Community & Strategic Objectives: The matter before Council generally accords with the following Shire desired outcome as expressed in the Carnarvon Strategic Community Plan 2011:

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.


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

Comment: Access Officers, in discussing potential outcomes of the closure request, realised that the area of the request would not allow legal access to Lot 2 should the closure be finalised but the application for land acquisition fail. All lots must be provided with direct access to a right of way. This is a standard condition for subdivision of land and has caused a number of applications for subdivision to fail in the past. The applicant may intend to purchase the land if it is offered for sale, but if the sale were to fail for any number of reasons including health, change of ownership, financial situations, and costs of relocating utilities, there would be no legal access provided.


The officers have considered whether a reduced area of closure would mitigate this concern, however the end result would not be an appropriate compromise, and the risk of creating no access to the Lot would remain. Sale of Land All of the written submissions express concern with the proposed sale of land to the landowner at Lot 2 (151) Olivia Terrace. These submissions have been responded to in Schedule 8.3.1 (a). In summary:

The Local Government would not support a large land acquisition that would eliminate or hinder the connectivity between the Fascine/Surge Wall and Baxter Park.

The Local Government does not make the final determination on the prospective land sale, however as it generally agrees with the submissions lodged, it is unlikely that the sale will occur.

Any future development of the property and other properties in this area would be subject to Town Planning Scheme No 10 and in particular Policy Statement No 6 – Development fronting the Fascine. This policy promotes consideration of the scale and style of development and redevelopment that considers neighbouring properties and limits such things as fence and building heights.

The submissions have been noted and the officer recommendation will be not to submit the closure request to the Department for Lands.

It is clear from the submitted comments and some unrecorded conversations via telephone that the public generally does not support the sale of any land to the adjacent landowner at Lot 2. The Department of Lands would be responsible for determining whether the request to purchase land should proceed if Council recommends to request the road closure, and the public submissions as they were lodged with the Local Government should be provided with a closure request. The Local Government could not be assured that the sale of land would be finalised if the closure request were to proceed, therefore there is a risk that the closure may prevent legal access to Lot 2. This is not an acceptable risk for the local government to take. The officers additionally have considered whether the applicant’s original request should be brought to the Department of Lands. This would still be subject to the land transaction and access to Lot 2 would still be in jeopardy. Utilities As previously mentioned under the Consultation heading, the author has sent a request for further information to the utility providers after completing a Dial-Before-You-Dig enquiry. The presence of these assets requires confirmation ahead of any land transaction, as there appears to be discrepancy between the enquiry maps and the on-the-ground location of services (from accounts from the adjacent landowner and the location of the light pole at the southern end of Lot 2) (See Figure 5 next page). The responses to these enquiries would be forwarded to the Department of Lands for their consideration if a resolution to request the closure is passed. Recommendation Officers have considered the submissions and have concluded that the request was initiated with insufficient justification. The location of the services in the road reserve make the sale increasingly costly and there is too much risk in inadvertently removing legal access to a road. Officers agree that the proposed road closure and subsequent acquisition of land in this vicinity would not be beneficial to the community and the adjacent neighbours in particular. Furthermore, the applicant’s justification that the acquisition would alleviate some of the social behaviour problems he is experiencing is disputed. If anything, his property would move closer to the issues he highlighted. The road closure would also lead to a geometrically undesirable lot layout in this location, with an amalgamated future Lot 2 ‘sticking out’ into the fascine foreshore area. The local government should consider ways to mitigate the landowners concerns in a collaborative method, but the closure of a portion of road is not the best solution to the ongoing issues.


Figure 5 – Utility Service Maps from Dial Before You Dig Enquiry (Clockwise from top left: Telstra;

WaterCorp Water; WaterCorp Sewer; Horizon Power) OFFICER’S RECOMMENDATION That Council,

1. Notes following advertising of the proposed permanent closure of a portion of Olivia Terrace for a period of 35 days pursuant to Section 58 Closure of roads of the Land Administration Act 1997 that four (4) comments were received from the public. Council notes that these comments expressed reservation or opposition to the sale of land to the owner of Lot 2 on D30904 (151) Olivia Terrace, and as a result, that the submissions offered mixed support to the proposed road closure.

Telstra Water

Power Sewer


2. Resolves not to prepare and deliver the request to permanently close the portion of Olivia Terrace

as per the map attached as Schedule 8.3.1 (b), in consideration of the submissions received and concerns regarding legal access to the adjacent property and the presence of utilities in the road reserve.


8.3.2 DEVELOPMENT APPLICATIONS – COMMUNICATIONS TOWERS AT SHIRE WORKS DEPOT & ADMINISTRATION OFFICE

File No: A3922; P46/16 & A835; P47/16 Date of Meeting: 24 May 2016 Location/Address: Lot 372 on P139012 450 Robinson Street, East Carnarvon Lot 233 on P254231 3 Francis Street, Carnarvon Name of Applicant: Shire of Carnarvon Name of Owner: Shire of Carnarvon Author/s: Robert Pringle, Planning Officer Declaration of Interest: Nil Voting Requirements: Simple Majority Date of previous meeting: Nil Summary of Item: This report relates to Development Approvals being sought for the erection of communications towers for the purpose of enhancing network connectivity between the Shire’s Administration building and the Works Depot. It involves erection of a pair of towers in proximity to existing buildings on each reserve, while establishing a ‘line-of-sight’ appropriate for the communication medium. Council approval is required in accordance with the Shire Town Planning Scheme No. 10, as any structure requires development approval. It is recommended that retrospective approvals be granted subject to installation as shown on the design documentation. Description of Proposal: It is proposed to erect identical communications towers at the Shire Works Depot and Administration Office in the locations shown in Figure 1 and Figure 2 respectively. The towers will be secured with a 3.4 x 3.4 m concrete base to a depth of 70cm, with steel rods embedded in the concrete to secure the base of the towers. Each tower is a pre-fabricated single column with diameter 348mm and height 15.5m. A set of ladder rungs commences at 2m from the base continuing to the top of the tower for maintenance access. A communications dish with supporting 1m vertical pole will be installed on the top of the pre-fabricated tower. The design of the tower is shown in Figure 3.

Figure 1 – Location of proposed tower base at the Shire Works Depot

Main Depot Building to South

Depot Tower


Figure 2 – Location of proposed tower base at the Shire Administration Office

Figure 3 – Tower design

Council Chambers Admin Building

Staff Car Park

Admin Tower


Background: For a number of years, the Local Government has experienced technical difficulty in providing reliable server/IT connectivity to the works depot, where a number of office-based employees work full or part time. In the past two years, the IT department has worked with the Infrastructure and building maintenance teams to progress installation of communications towers to facilitate stable and reliable connectivity. This operation has been reflected in the local government’s budget. Consultation: Internal consultation has occurred between Shire staff, including Corporate/Information Technology, Infrastructure, planning, and building section staff, together with Executive Managers and the CEO. Statutory Environment: Town Planning Scheme (TPS) No. 10 Development approval is required for works and use on any Scheme reserve. The land is Reserved for ‘Public Purposes – Shire Depot’ and ‘Public Purposes – Shire Offices‘. Planning and Development (Local Planning Schemes) Regulations 2015 – Schedule 2 (Deemed Provisions) Clause 60 of Schedule 2 requires Development Approval as a deemed provision of the Regulations. Relevant Plans and Policy: There are no relevant plans or policy relating to the proposed development. Financial Implications: The material costs and installation works have been appropriately budgeted. Risk Assessment: The location of the proposed tower at the administration building site carries a degree of public liability as it will be in an uncontrolled area on the reserve. No fencing or bollards have been proposed at this stage. The ladder design is sufficient to reduce access by opportunistic individuals, with height 2m above ground level for the first rung. Determined and motivated individuals may gain unrestricted access through use of ladders, props, or other mechanisms. The risks associated include liability for falls from height and damage to property. There have been a number of proposals in recent years for this section of car park to be enclosed to permit secure overnight parking for pool vehicles, and such enclosure would reduce this public liability risk. A combination of features should be used to prevent vehicular impact with the tower, whether by way of signage, high visibility/reflective materials installed on the structure, or through bollard placement at an appropriate distance. This area was previously used for car parking spaces, and was especially busy during staff meetings. The location of the tower at the works depot is within a secured compound and is not in an area frequently used by vehicles. Community & Strategic Objectives: The proposal addresses the following objectives from the Carnarvon Strategic Community Plan 2011:


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 proposed structures are considered incidental to the office and industrial uses of land by the Local Government. The communications upgrades are necessitated by a history of poor connectivity, which has


slowed business performance at the works depot. The upgrade should permit additional efficiency in the operation, and will also enhance the ability of staff at the depot to access and maintain Local Government records. The proposed locations of the towers have been selected to minimise interference (other buildings, structures, and vegetation) using as direct as possible line-of-sight. The locations will prevent impact to neighbouring properties in the event of a collapse of the towers. The tower within the administration building car park affords some liability to the organisation in relation to vehicle access and from public access. Both liabilities should be addressed in the long term, however it is practical at this stage only to address the visibility of the tower to prevent collisions. In the longer term, the local government should appropriately budget for security fencing and/or affixing a locked cover over the lower rungs. OFFICER’S RECOMMENDATION That Council, pursuant to Clause 68.2 of the Planning and Development Regulations 2015, grant development approvals P46/16 and P47/16 for communication towers on Lot 372 on P139012 450 Robinson Street, East Carnarvon and Lot 233 on P254231 3 Francis Street, Carnarvon, subject to the following conditions:

1. The development shall be in accordance with the approved Development Plans dated 24 May 2016 attached in Schedule 8.3.2, except as may be modified with the prior written approval of the Shire of Carnarvon. An endorsed copy of this plan shall form part of the approval granted and shall not be modified or altered without the prior written approval of the Local Government.

2. Upon erection of the administration building communications tower, the local government shall place, in locations visible at eye level from a typical vehicle, appropriate markings (paint, reflective materials, signage or a combination thereof) to alert drivers of the presence of the communication tower.
