minutes 16 february 2016...11.2.1 expenditure of surplus funds identified from 2015/16 budget review...

MINUTES

ORDINARY MEETING

OF COUNCIL

16 FEBRUARY 2016

TABLE OF CONTENTSFOR

ORDINARY MEETING OFCOUNCIL

HELD ON 16 FEBRUARY 2016

PAGE

1. DECLARATION OF OPENING 1

2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE 1

2.1 ATTENDANCE 1

2.2 APOLOGIES 1

2.3 LEAVE OF ABSENCE 1

3. DISCLOSURES OF INTEREST 2

4. PUBLIC QUESTION TIME 2

4.1 RESPONSES TO PUBLIC QUESTIONS PREVIOUSLY TAKEN ON NOTICE 2

4.2 PUBLIC QUESTIONS 2

5. PETITIONS, DEPUTATIONS AND PRESENTATIONS 2

5.1 PETITIONS 2

5.2 DEPUTATIONS 2

5.3 PRESENTATIONS 2

6. APPLICATIONS FOR LEAVE OF ABSENCE 2

7. CONFIRMATION OF MINUTES 2

8. ANNOUNCEMENTS BY THE PRESIDING MEMBER 3

9. UNRESOLVED BUSINESS FROM PREVIOUS MEETINGS 3

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 3

11. REPORTS 4

11.1. OFFICE OF THE CEO 4

11.2. CORPORATE AND COMMUNITY SERVICES 4

11.2.1 EXPENDITURE OF SURPLUS FUNDS IDENTIFIED FROM 2015/16BUDGET REVIEW 4

11.2.2 MONTHLY FINANCIAL STATEMENT FOR THE PERIODS ENDED 31DECEMBER 2015 AND 31 JANUARY 2016 8

11.3. REGULATORY SERVICES 66

11.3.1 APPLICATION FOR PLANNING APPROVAL - PROPOSED EXTENSIONTO HOLIDAY ACCOMMODATION ON LOT 382 (NO.5) TURNERSTREET, LEDGE POINT 66

11.3.2 APPLICATION FOR PLANNING APPROVAL - PROPOSED EXTENSIONTO HOLIDAY ACCOMMODATION ON LOT 382 (NO. 18) TURNERSTREET, LEDGE POINT 75

11.3.3 APPLICATION FOR DEVELOPMENT APPROVAL - PROPOSED RURALPURUIT (HORSE STABLE/PADDOCKS AND LIMESTONE WALLS) ONLOT 158 MELALEUCA AVENUE, GABBADAH 88

11.4. OPERATIONS 102

11.4.1 RFT 01/2016 SHIRE OF GINGIN TURF MAINTENANCE 2016-2019 102

12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 108

13. COUNCILLORS' OFFICIAL REPORTS 108

13.1 GUILDERTON COMMUNITY ASSOCIATION AGM - 23 JANUARY 2016 108

13.2 SEAVIEW PARK PROGRESS ASSOCIATION MEETING - 108

13.3 CLEAN UP AUSTRALIA DAY - 6 MARCH 2016 108

14. NEW BUSINESS OF AN URGENT NATURE 109

14.1 SEABIRD EROSION CONTROL - STAGE 2 109

15. MATTERS FOR WHICH MEETING IS TO BE CLOSED TO THE PUBLIC 123

15.1 EXTENSION OF CONTRACT - EXECUTIVE MANAGER OPERATIONS 124

15.2 SEABIRD EROSION CONTROL - UNBUDGETED EXPENDITURE FORDETAILED DESIGN OF SEA WALL 125

16. CLOSURE 125

ORDINARY MEETING MINUTES 16/02/2016SHIRE OF GINGIN

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SHIRE OF GINGIN

MINUTES OF THE ORDINARY MEETING OF THE SHIRE OF GINGINHELD IN THE COUNCIL CHAMBER ON TUESDAY,

16 FEBRUARY 2016 AT 3.00 PM

DISCLAIMER

Members of the Public are advised that decisions arising from this Council Meeting can besubject to alteration.

Applicants and other interested parties should refrain from taking any action until such timeas written advice is received confirming Council’s decision with respect to any particularissue.

ORDER OF BUSINESS

1. DECLARATION OF OPENING

The Shire President declared the meeting open at 3.00pm and welcomed those inattendance.

2. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

2.1 ATTENDANCE

Councillors – D W Roe (Shire President), I B Collard (Deputy Shire President),V Ammon (from 3.01pm), M Aspinall, J Court, J W Elgin, C W Fewster, F J Peczka and SSmiles.

Staff – J Edwards (Chief Executive Officer), L Fidge (Acting Executive Manager Corporateand Community Services), A Butcher (Executive Manager Operations), S Camillo (ExecutiveManager Regulatory Services), L Edwards (Manager Strategic Planning and Development),K Bacon (Manager Statutory Planning) and L Burt (Governance/Minute Officer).

Gallery – There was one member of the public present in the gallery.

2.2 APOLOGIES

Nil

2.3 LEAVE OF ABSENCE

Nil


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3. DISCLOSURES OF INTEREST

Nil

4. PUBLIC QUESTION TIME

4.1 RESPONSES TO PUBLIC QUESTIONS PREVIOUSLY TAKEN ON NOTICE

Nil

4.2 PUBLIC QUESTIONS

Nil

5. PETITIONS, DEPUTATIONS AND PRESENTATIONS

5.1 PETITIONS

Nil

5.2 DEPUTATIONS

Nil

5.3 PRESENTATIONS

Nil

6. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

7. CONFIRMATION OF MINUTES

RECOMMENDATION

It is recommended that the Minutes of the Ordinary meeting of Council held on 19 January2016 be confirmed.

RESOLUTION

Moved Councillor Smiles, seconded Councillor Court that the Minutes of the Ordinarymeeting of Council held on 19 January 2016 be confirmed.

CARRIED UNANIMOUSLY


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8. ANNOUNCEMENTS BY THE PRESIDING MEMBER

The Shire President drew Council’s attention to the fact that Mr Murray Nixon, who is aresident of the Shire of Gingin, was awarded the Order of Australia medal in the GeneralDivision of the Australia Day Honours List for services to the Parliament, to the agriculturalsector and to the community of Western Australia.

The Shire President also noted the recent passing of Mrs Winnie Marten and Mr Ron Edgar,both long-term residents of the Shire, and extended sincere condolences on behalf ofCouncil to their families.

9. UNRESOLVED BUSINESS FROM PREVIOUS MEETINGS

Nil

10. QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil


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11. REPORTS

11.1. OFFICE OF THE CEO

Nil

11.2. CORPORATE AND COMMUNITY SERVICES

11.2.1 EXPENDITURE OF SURPLUS FUNDS IDENTIFIED FROM 2015/16 BUDGETREVIEW

FILE: FIN/46-1516REPORTING OFFICER: KAYE LOWES - EXECUTIVE MANAGER CORPORATE

AND COMMUNITY SERVICESREPORT DATE: 5 FEBRUARY 2016REFER: 19 JANUARY 2016 ITEM 11.2.1

ADDENDUM – ORDINARY MEETING OF COUNCIL – 16 FEBRUARY 2016

Additional Information:

It has been pointed out that the surplus amount referenced in the recommendation of$26,633 is incorrect.

This amount should, in fact read $23,633 as contained within the body of the report.

This error has no material effect on the Officer’s recommendation, however the figure willbe corrected for publication in the Minutes of the meeting.

OFFICER INTEREST DECLARATION

Nil

PURPOSE

To consider the expenditure of surplus funds identified as a result of the 2015/16 BudgetReview.

BACKGROUND

Council at its meeting of 19 January 2016 adopted the 2015/16 Budget Review with anestimated surplus of $23,633.

A decision must now be made with respect to projects that could be progressed utilisingthese surplus funds. The use of surplus funds for new projects is deemed to be unbudgetedexpenditure, and therefore an Absolute Majority decision of Council is required to approvesuch expenditure.


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COMMENT

The following projects have been identified for consideration:

1. Shade Shelter – Lancelin Skate Facility - $6,000

At the 3 February 2015 Concept Forum a report on the Lancelin Skate Facility inWangaree Park, prepared by Councillor Smiles, was presented outlining repairs andimprovements required at the facility. It was agreed at this meeting that the repairswould be undertaken as soon as possible, but that shade to the area would need to beconsidered as part of a new budget item.

The Executive Manager Operations has estimated the cost to construct this shadeshelter at $6,000.

2. Streetscape CBD Precinct Lancelin and Lancelin Foreshore Pathway - $17,633

The Lancelin Foreshore Pathway has been costed at $8,500 and, if progressed, wouldleave $9,133 for the commercial centre, including installation of shade andstreetscapes.

It should be noted that construction of the Foreshore Pathway will be dependent onapproval being obtained from the Department of Transport (which holds managementresponsibility for the land).

3. Guilderton Caravan Park Chalet Design - $10,000.

4. Gingin Shire Office – Counter redesign (disability access) - $30,000 (balance to befunded from Land and Buildings Reserve).

5. Structural Repairs to CWA House, Constable Street Gingin - $47,000 (balance to befunded from Land and Buildings Reserve).

In addition to the projects identified above, a request has been received from the owners ofLot 3696 Airfield Road, Bambun for Council to construct a portion of currently unmade roadreserve to provide access to their property. The estimated cost for the construction of thissection of road is approximately $190,000 to $240,000.

The owners of Lot 3696 presented a deputation to Council at its meeting on 15 December2015 outlining the reasons for their request. Council’s Policy 7.10 - Construction ofGazetted, Unmade Rural Roads With a Value Exceeding $20,000.00 states that if the totalcost of construction exceeds $20,000.00, then the landowner/s are to be advised thatCouncil may give consideration to the proposal during future Budget deliberations.

The expenditure necessary for completion of this project exceeds the funds available as aresult of the Mid-Year Budget Review, and therefore this project has not been recommendedfor consideration at this point in time. The Shire’s Executive Manager Operations is,however, liaising with the owners in order to identify an alternative solution to fund theconstruction of an access road to this property.


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Officers are recommending that the budget surplus be utilised for the Shade Shelter –Lancelin Skate Facility, with the remainder being used to fund the Streetscape CBD PrecinctLancelin project, including the portion of the unmade Lancelin Foreshore Pathway nearMiragliotta Street. This projects are preferred on the basis that they can be completed by30 June 2016 and within the funds available.

It should be noted that, in the event that approval is not forthcoming from the Department ofTransport with respect to the pathway component of the Streetscape CBD Precinct Lancelinproject, then the funds allocated to this component will remain unexpended.

STATUTORY ENVIRONMENT

Local Government Act 1995Local Government (Financial Management) Regulations 1996

POLICY IMPLICATIONS

Nil

BUDGET IMPLICATIONS

In the event that Council supports the officer’s recommendation, then the $23,633 surpluswill be expended by 30 June 2016.

STRATEGIC IMPLICATIONS

Shire of Gingin Strategic Community Plan 2015-2025

Focus Area Leadership and GovernanceObjective 5. To demonstrate effective leadership and governance.Outcome 5.2 Accountable and responsible governance

VOTING REQUIREMENTS – ABSOLUTE MAJORITY

RECOMMENDATION

It is recommended that Council:

1. Approve expenditure of surplus funds identified as a result of the 2015/16 BudgetReview, amounting to $23,633 on the following unbudgeted items:

a. Shade Shelter – Lancelin Skate Facility - $6,000;

b. Lancelin CBD streetscape improvements - $9,133; and

c. Construction of portion of the unmade Lancelin foreshore pathway nearMiragliotta Street - $8,500 (subject to approval being received from theDepartment of Transport).


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2. Advise the owners of Lot 3696 Airfield Road, Bambun that there are insufficient fundsavailable at this point in time to fund the construction of a portion of currently unmaderoad reserve to provide access to their property.

RESOLUTION

Moved Councillor Smiles, seconded Councillor Peczka that Council:

1. Approve expenditure of surplus funds identified as a result of the 2015/16Budget Review, amounting to $23,633 on the following unbudgeted items:

a. Shade Shelter – Lancelin Skate Facility - $6,000;

b. Lancelin CBD streetscape improvements - $9,133; and

c. Construction of portion of the unmade Lancelin foreshore pathway nearMiragliotta Street - $8,500 (subject to approval being received from theDepartment of Transport).

2. Advise the owners of Lot 3696 Airfield Road, Bambun that there are insufficientfunds available at this point in time to fund the construction of a portion ofcurrently unmade road reserve to provide access to their property.

CARRIED BY ABSOLUTE MAJORITY9/0


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11.2.2 MONTHLY FINANCIAL STATEMENT FOR THE PERIODS ENDED 31DECEMBER 2015 AND 31 JANUARY 2016

FILE: FIN/25REPORTING OFFICER: KAYE LOWES - EXECUTIVE MANAGER CORPORATE

& COMMUNITY SERVICESREPORT DATE: 16 FEBRUARY 2016REFER: NIL


Nil

COMMENT

At its meeting on 19 January 2016, Council was advised that there had been a delay inpreparing the Monthly Financial Statement for the period ending 31 December 2015, andthat this information would be presented to Council’s February meeting.

Accordingly, the December 2015 Financial Statement is attached for Council’sconsideration.

The Monthly Financial Statement for the period ending 31 January 2016 is also attachedand includes the following:

1. Statement of Financial Position for the period to 31 January 2016.

2. Investment information.

3. Monthly cheque listings.


Local Government Act 1995Part 6 – Financial managementDivision 3 – Reporting on activities and financeSection 6.4 – Financial report

Local Government (Financial Management) Regulations 1996Part 4 – Financial reports – s.6.4Regulation 34 – Financial activity statement required each month (Act s.6.4)

POLICY IMPLICATIONS

Nil

BUDGET IMPLICATIONS

Nil


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Focus Area Leadership and GovernanceObjective 5. To demonstrate effective leadership and governanceOutcome 5.2 Accountable and responsible governanceStrategy Nil

VOTING REQUIREMENTS – SIMPLE MAJORITY

RECOMMENDATION

It is recommended that:

1. The Monthly Financial Statement for the period ending 31 December 2015 be received.

2. The Monthly Financial Statement for the period ending 31 January 2016 be received.

3. The List of Paid Accounts represented on Municipal Cheque Numbers 114784 to114794 and 114796 to 114818, Electronic Transactions EFT 17344 to EFT 17441,EFT 17443 to EFT 17462, EFT 17464 to EFT 17469, EFT 17472 to EFT 17569 andEFT 17571 to EFT 17617, DD 17406.1 to DD 17406.9, DD 17425.1, DD 17427.1, DD17437.1, DD 17472.1, DD 17474.1, DD 17476.1, DD 17491.1 to DD 17491.9, DD17406.10 to DD 17406.16 and DD 17491.10 to DD 17491.16 and Credit CardPayments, be paid in accordance with Council Policy 3.1 (Cheque Signing Limits)totalling 1,596,889.73.

RESOLUTION

Moved Councillor Smiles, seconded Councillor Elgin that:

1. The Monthly Financial Statement for the period ending 31 December 2015 bereceived.

2. The Monthly Financial Statement for the period ending 31 January 2016 bereceived.

3. The List of Paid Accounts represented on Municipal Cheque Numbers 114784 to114794 and 114796 to 114818, Electronic Transactions EFT 17344 to EFT 17441,EFT 17443 to EFT 17462, EFT 17464 to EFT 17469, EFT 17472 to EFT 17569 andEFT 17571 to EFT 17617, DD 17406.1 to DD 17406.9, DD 17425.1, DD 17427.1, DD17437.1, DD 17472.1, DD 17474.1, DD 17476.1, DD 17491.1 to DD 17491.9, DD17406.10 to DD 17406.16 and DD 17491.10 to DD 17491.16 and Credit CardPayments, be paid in accordance with Council Policy 3.1 (Cheque SigningLimits) totalling $1,596,889.73.

CARRIED UNANIMOUSLY


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11.3. REGULATORY SERVICES

11.3.1 APPLICATION FOR PLANNING APPROVAL - PROPOSED EXTENSION TOHOLIDAY ACCOMMODATION ON LOT 382 (NO.5) TURNER STREET, LEDGEPOINT

FILE: BLD/3681APPLICANT: B PIZZATALOCATION: LOT 382 (NO.5) TURNER STREET, LEDGE POINTOWNER: PORT ROYAL SOUTHERNERS ASSOCIATION INCZONING: TOURISMAUTHOR: KYLIE BACON – MANAGER STATUTORY

PLANNINGREPORTING OFFICER: SEBASTIAN CAMILLO – EXECUTIVE MANAGER

REGULATORY SERVICESREPORT DATE: 16 FEBRUARY 2016REFER: NIL


Nil

PURPOSE

To consider an Application for Planning Approval for a deck extension to an existing dwellingon Lot 382 (No. 5) Turner Street, Ledge Point.

BACKGROUND

The subject lot is owned by the Port Royal Southerners Association and has historicallycontained 32 small dwellings built for use as holiday accommodation prior to the gazettal ofLocal Planning Scheme No. 9 (LPS No.9).

Given these tourist developments were lawfully in existence long before the gazettal of LPSNo. 9, Council has previously deemed the property to be a non-conforming use. Extensionof a non-conforming use requires Council’s approval.

The proposed development consists of a deck extension to the east of the dwelling. Theextension is measured at 3.5m wide, 8.3m long totalling 29.05m2. The deck will not beraised more than 500mm from natural ground level. The deck will have a maximum heightof 2.95m when measured from the deck’s Finished Floor Level (FFL).

A location plan, site plan, photos and elevations are attached as Appendix 1. A siteinspection was undertaken on 27 January 2016.


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COMMENT

Community Consultation

There is no perceived need to advertise this request as the Port Royal SouthernersAssociation Body Corporate supported the applicant’s proposal at its meeting held on 24November 2015. The applicant has provided correspondence from the Committee’sSecretary supporting the proposal.

Planning Assessment

The proposed development is an extension to the existing non-conforming use for HolidayAccommodation, which requires Council approval.

Clause 4.2.8 Tourist Zone:The subject lot is zoned as Tourism in LPS No. 9. The Objectives of the zone are to:

a) Promote and provide for tourism opportunities;

b) Provide for a variety of holiday accommodation styles and associated uses, includingretail and service facilities where such facilities are provided in support of the touristaccommodation and are of an appropriate scale where they will not impactdetrimentally on the surrounding or wider area;

c) Allow limited residential uses where appropriate;

d) Encourage the location of tourist facilities so that they may benefit from existing roadservices, physical service infrastructure, other tourist attractions, natural features andurban facilities;

e) Ensure that short stay tourist and holiday accommodation are the predominant landuses in the zone; and

f) Encourage tourism development that is generally sympathetic to the natural and builtfeatures of the surrounding area.

The definition of Holiday Accommodation is two or more dwellings on one lot which, by wayof trade or business, are made available for occupation by persons, other than the proprietor,for holiday or other temporary purposes.

‘Holiday Accommodation’ is currently not listed in the zoning table in LPS No. 9. However,it is considered that the use of ‘Holiday Accommodation’ is consistent with the objectives ofthe Tourism Zone and is therefore permitted.


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Advice Notes

Should Council approve this development approval, the following Advice Note will be added:

Further to this approval, the applicant is required to submit working drawings andspecifications to comply with the requirements of the Building Act 2011 and the Health Act1911 which are to be approved by the Shire of Gingin prior to a Building Permit being issued.


Local Planning Scheme No. 9Part 4 – Zones and the Use of Land4.2 Objectives of the Zones4.2.8 Tourism Zone4.4 Interpretations of the Zoning Table4.9 Extensions and changes to a non-conforming use

POLICY IMPLICATIONS

Nil

BUDGET IMPLICATIONS

Nil


Shire of Gingin Strategic Community Plan 2015 to 2025

Focus Area Built EnvironmentObjective 3. To effectively manage growth and provide for communityOutcome 3.3 High quality and well utilised community facilities and assets


RECOMMENDATION

It is recommended that Council grant Development Approval for a proposed deck extensionto existing ‘Holiday Accommodation’ on Lot 382 (No. 5) Turner Street, Ledge Point, subjectto the land use and development being undertaken in accordance with approved plans.

RESOLUTION

Moved Councillor Court, seconded Councillor Elgin that Council grant DevelopmentApproval for a proposed deck extension to existing ‘Holiday Accommodation’ on Lot382 (No. 5) Turner Street, Ledge Point, subject to the land use and development beingundertaken in accordance with approved plans.

CARRIED UNANIMOUSLY


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11.3.2 APPLICATION FOR PLANNING APPROVAL - PROPOSED EXTENSION TOHOLIDAY ACCOMMODATION ON LOT 382 (NO. 18) TURNER STREET, LEDGEPOINT

FILE: BLD/3681APPLICANT: J & M STAMPALIALOCATION: LOT 382 (NO. 18) TURNER STREET, LEDGE POINTOWNER: PORT ROYAL SOUTHERNERS ASSOCIATION INCZONING: TOURISMAUTHOR: KYLIE BACON – MANAGER STATUTORY




Nil

PURPOSE

To consider an application for Development Approval for a deck extension to an existingdwelling on Lot 382 (No. 18) Turner Street, Ledge Point.

BACKGROUND

The subject lot is owned by the Port Royal Southerners Association and has historicallycontained 32 small dwellings built for use as holiday accommodation prior to the gazettal ofLocal Planning Scheme No. 9 (LPS No. 9).

Given these tourist developments were lawfully in existence long before the gazettal of LPSNo. 9, Council has previously deemed the property to be a non-conforming use. Extensionof a non-conforming use requires Council’s approval.

The proposed development consists of a deck extension to the west side of the dwelling.The extension is measured at 5.0m wide and 8.39m long totalling 41.95m2. The deck willhave a maximum height of 2.95m when measured from the deck’s Finished Floor Level(FFL).

A location plan, site plan, photos and elevations are attached as Appendix 1. A siteinspection was undertaken on 27 January 2016.

COMMENT


There is no perceived need to advertise this request as the Port Royal SouthernersAssociation Body Corporate has supported the applicant’s proposal at its meeting held on24 November 2015. A copy of the minutes has been requested from the Committee forShire’s records.


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Planning Assessment

The proposed development is an extension to the existing non-conforming use for HolidayAccommodation, which requires Council approval.

Clause 4.2.8 Tourism Zone:The subject lot is zoned as Tourism in LPS No. 9. The Objectives of the Zone are to:

a) Promote and provide for tourism opportunities;

b) Provide for a variety of holiday accommodation styles and associated uses, includingretail and service facilities were such facilities are provided in support of the touristaccommodation and are of an appropriate scale where they will not impactdetrimentally on the surrounding or wider area;

c) Allow limited residential uses where appropriate;

d) Encourage the location of tourist facilities so that they may benefit from existing roadservices, physical service infrastructure, other tourist attractions, natural features andurban facilities;

e) Ensure that short stay tourist and holiday accommodation are the predominant landuses in the zone; and

f) Encourage tourism development that is generally sympathetic to the natural and builtfeatures of the surrounding area.

The definition of Holiday Accommodation is two or more dwellings on one lot which, by wayof trade or business, are made available for occupation by persons, other than the proprietor,for holiday or other temporary purposes.

‘Holiday Accommodation’ is currently not listed in the zoning table in LPS No. 9. However,it is considered that the use of ‘Holiday Accommodation’ is consistent with the objectives ofthe Tourism Zone and is therefore permitted.

Advice Notes

Should Council approve this development approval, the following Advice Note will be added:

Further to this approval, the applicant is required to submit working drawings andspecifications to comply with the requirements of the Building Act 2011 and the Health Act1911 which are to be approved by the Shire of Gingin prior to a Building Permit being issued.


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POLICY IMPLICATIONS

Nil

BUDGET IMPLICATIONS

Nil



Focus Area Built EnvironmentObjective 3. To effectively manage growth and provide for communityOutcome 3.3 High quality and well utilised community facilities and assets


RECOMMENDATION

It is recommended that Council grant Development Approval for a proposed deck extensionto existing ‘Holiday Accommodation’ on Lot 382 (No. 18) Turner Street, Ledge Point, subjectto the land use and development being undertaken in accordance with approved plans.

RESOLUTION

Moved Councillor Collard, seconded Councillor Peczka that Council grantDevelopment Approval for a proposed deck extension to existing ‘HolidayAccommodation’ on Lot 382 (No. 18) Turner Street, Ledge Point, subject to the landuse and development being undertaken in accordance with approved plans.

CARRIED UNANIMOUSLY


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11.3.3 APPLICATION FOR DEVELOPMENT APPROVAL - PROPOSED RURALPURSUIT (HORSE STABLE/PADDOCKS AND LIMESTONE WALLS) ON LOT158 MELALEUCA AVENUE, GABBADAH

FILE: BLD/4837APPLICANT: W ELLISLOCATION: LOT 158 MELALEUCA AVENUE, GABBADAHOWNER: W & L ELLISZONING: RURAL LIVINGAUTHOR: KYLIE BACON – MANAGER STATUTORY




Nil

PURPOSE

To consider an application for Development Approval for a Rural Pursuit (HorseStable/Paddocks and Limestone Walls) on Lot 158 Melaleuca Avenue, Gabbadah.

BACKGROUND

The subject lot is located in Redfield Park Estate and has a total area of 20,114m2

(approximately 2.0114 hectares).

The surrounding area is featured with predominantly Rural Living lots.

The applicant proposes to keep a horse on the subject property and has also prepared aHorse Management Plan which includes a myriad of measures to prevent soil erosion andnutrient loss. The following measures are included:

• Establish and irrigate two 930m2 paddocks and a 2400m2 horse arena which will bemaintained through sprinkler irrigation and rotational use. The horse will spend 6 – 8hours a day grazing before being returned to the stable;

• Hand feed the animal to minimise impacts on ground vegetation;

• Manure to be collected daily and composted through worm farms; and

• Establish three native vegetation buffer strips (two side and rear boundaries)surrounding the horse paddocks).

Furthermore, the applicant is also proposing a horse stable with a reduced setback of 10metres from the western boundary in lieu of the required 20 metres. The stable is proposedto have a maximum height of 3.116m and a width of 3.103 metres totalling 9.67 metres2.


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A location plan, site plan, elevations and a copy of the applicant’s Horse Management Planare attached as Appendix 1.

The limestone walls to be installed are to replace the existing tin wall which is set backapproximately 10 metres from the eastern boundary, in lieu of the required 20 metres. Theheight of the wall will be three 500mm limestone blocks high to match the height of theexisting limestone wall (refer to Photo 1 in Appendix 2).

COMMENT


The proposed development was advertised for 21 days in accordance with Clause 6.4 of theShire’s Local Planning Scheme No. 9 (LPS No. 9).

At the end of the public submission period, two submissions were received. Of the receivedsubmissions, one objects and one supports the proposed development.

The main concerns raised by the one objection relate to:

• Removal of natural vegetation;

• Stable flies;

• Setbacks from lot boundary; and

• Land use management.

The Schedule of Submissions and Recommended Responses is provided as Appendix 3.

Planning Scheme Assessment

The subject lot is zoned Rural Living under LPS No. 9, the objectives of which are to:

a) Protect the rural environment and landscape;

b) Accommodate single dwellings at very low densities on individual allotments beyondthe urban areas;

c) Restrict and limit the removal of natural vegetation and encourage revegetation whereappropriate;

d) Prevent threats to amenity of the zone and impacts on wildlife and native vegetationcaused by the grazing of livestock;

e) Avoid increased fire risk to life and property through inappropriately located anddesigned land use, subdivision and development; and

f) Provide for a suitable level of physical and community infrastructure.


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Rural Pursuit is defined as any premises used for:

a) The rearing or agistment of animals;

b) The stabling, agistment or training of horses;

c) The growing of trees, plants, shrubs or flowers for replanting in domestic, commercialor industrial gardens; or

d) The sale of produce grown solely on the lot, but does not include agriculture –extensive or agriculture – intensive.

Rural Pursuit is a “D” use, meaning it is not permitted unless Council has exercised itsdiscretion to approve.

Stocking Rate

Under LPS No. 9 the stocking rate in Redfield Park is restricted to between 2 – 6 Dry SheepEquivalent (DSE) per ha dependent on soil type. A horse is normally equivalent to between10 – 20 DSE depending on the size. Special management measures are therefore requiredto be undertaken to prevent soil erosion and nutrient loss. Considerations should be givento dust, noise and odour impacts on the surrounding land.

The applicant is proposing to keep one horse onsite. Officers are of the view that this canbe supported on the condition that all measures outlined in the Management Plan are strictlycomplied with. Officers are also planning to conduct six monthly checks to ensurecompliance should Council grant approval.

Proposed Stable

The proposed stable is to be setback 10 metres from the western boundary. The requiredsetback under LPS No. 9 is 20 metres however the proposed setback of 10 metres isconsidered appropriate to facilitate enough separation from the adjoining western boundaryand for construction of the stable without compromising the removal of significant vegetation.A condition will be imposed on the development approval to ensure its compliance in theevent that Council approves the application.

Proposed Limestone Walls

The installation of the limestone retaining walls is intended to replace the existing tin wallthat is adjacent to the eastern boundary and continues along to match the existing limestoneretaining wall retaining the swimming pool. The height of the walls will not exceed 1.5 metreswhen measured from the natural ground level. The installation of the limestone retainingwalls is considered not to impact upon the general amenity of the locality and is considereda vast improvement to the existing tin walls.


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Advice Notes

Should Council approve, the following Advice Note will be added:

Further to this approval, the applicant is required to submit working drawings andspecifications to comply with the requirements of the Building Act 2011 and the Health Act1911 which are to be approved by the Shire of Gingin prior to a Building Permit being issued.STATUTORY ENVIRONMENT


POLICY IMPLICATIONS

Nil

BUDGET IMPLICATIONS

Nil



Focus Area Natural EnvironmentObjective 2. To support a healthy natural environmentOutcome 2.1 Biodiversity conserved


RECOMMENDATION

It is recommended that Council grant Development Approval for a proposed Rural Pursuit(Horse Stable/Paddocks and Limestone Walls) on Lot 158 Melaleuca Avenue, Gabbadah,subject to the following conditions:

1. All development being in accordance with the approved plans as amended by theseconditions and any modifications marked in RED on the approved plans.

2. The land use and development shall be undertaken in accordance with the HorseManagement Plan prepared by Wayne and Leanne Ellis on 7 December 2015, unlessotherwise conditioned in the approval.

3. This approval is for the keeping of one horse only.


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4. The proposed stable is to be set back a minimum of 10 metres from the western sideboundary.

5. No trees and/or significant vegetation are to be removed from the subject site to allowfor the construction of the stable unless otherwise approved by the relevantGovernment agencies.

RESOLUTION

Moved Councillor Aspinall, seconded Councillor Elgin that Council grantDevelopment Approval for a proposed Rural Pursuit (Horse Stable/Paddocks andLimestone Walls) on Lot 158 Melaleuca Avenue, Gabbadah, subject to the followingconditions:

1. All development being in accordance with the approved plans as amended bythese conditions and any modifications marked in RED on the approved plans.

2. The land use and development shall be undertaken in accordance with the HorseManagement Plan prepared by Wayne and Leanne Ellis on 7 December 2015,unless otherwise conditioned in the approval.

3. This approval is for the keeping of one horse only.

4. The proposed stable is to be set back a minimum of 10 metres from the westernside boundary.

5. No trees and/or significant vegetation are to be removed from the subject site toallow for the construction of the stable unless otherwise approved by therelevant Government agencies.

CARRIED UNANIMOUSLY


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11.4. OPERATIONS

11.4.1 RFT 01/2016 SHIRE OF GINGIN TURF MAINTENANCE 2016-2019

LOCATION: SHIRE OF GINGINFILE: COR/40-012016REPORTING OFFICER: ALLISTER BUTCHER - EXECUTIVE MANAGER

OPERATIONSREPORT DATE: 16 FEBRUARY 2016REFER: 20 MARCH 2012 ITEM 11.2.3

28 AUGUST 2012 ITEM 16.1

ADDENDUM – ORDINARY MEETING OF COUNCIL – 16 FEBRUARY 2016

Additional Information:

Councillors’ attention is drawn to the fact that the Request for Tender doesn’t contain anyreference to fertilising of the Gingin Hockey Oval, Gingin Football Oval and Lancelin FootballOval. The fertilising of these ovals is subject to soil samples being undertaken and afertilising program being implemented based on the results of the samples.

It is the Officer’s view that although the ovals look good at the moment, improvements canbe made by implementing specialised fertilising programs for each oval and thereforeproviding exceptional regional sporting playing surfaces.

It is anticipated that the fertilising programs will cost (approximately) an additional $18,000per annum (total cost for the three ovals). This price is dependent on the soil sample resultsand the type of fertiliser program that is subsequently implemented. This price will beidentified during preparations for the draft 2016/17 Budget.

In addition, it has been noted that the Standard of Maintenance table is incorrect in that therequirement Application of NPK fertiliser 3 times annually should form part of Item 2 ratherthan Item 3 (see attached amended table). The corrected table will be included in theMinutes of the meeting.

This Addendum is provided for Councillors’ information only and does not affect the Officer’srecommendation with respect to RFT 01/2016 Shire of Gingin Turf Maintenance 2016/2019.


Nil

PURPOSE

To consider tenders submitted for the maintenance of turfed areas and public open space(POS) in the Shire of Gingin for 2016-2019.


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BACKGROUND

In the 2011/12 fiscal year the Shire of Gingin started contracting out the maintenance of allthe turfed areas in the Shire. Up until this time the Shire had been undertaking the worksinternally. The reasoning behind this decision was to reduce the overall costs for maintainingthese areas. A structural review was undertaken and subsequently the works werecontracted out. The change-over costs for plant and overheads of staff realised thesesavings.

Council formally resolved to call tenders for the maintenance and management of parks andgardens at its meeting on 20 March 2012. On 28 August 2012 Council considered thetenders received and resolved to award the contract to Gro-Turf Pty Ltd for an initial periodof three years, with an option of a further 12 months.

The initial term of this contract expired on 9 November 2015. The contract was extended to31 March 2016 to allow for the preparation a new tender document that would ensure thelong term integrity and correctness of any resulting contract.

The new contract will encompass a number of new areas that are not covered by the existingcontract, including:

1. Times not permissible for mowing for each area (in consultation with affected users).

2. Specific requirements of plant and machinery used, pertaining to:• Condition of machinery;• Insurance and registration of vehicle;• Refusal of plant on site if not suitable or unable to produce service and daily

checks paperwork; and• Maintenance record requirements.

3. Specific requirements for contract personnel pertaining to:• Wearing of appropriate personal protective equipment (PPE); and• All staff being suitably qualified and trained to undertake duties of contract.

4. General Occupational Health and Safety requirements.

5. Liability and Insurance requirements.

The tender recognises differing levels of service based on usage of the POS and tourismappeal (townsite aesthetics). These levels of service are used to maintain the public areasto a high standard for residents and to not only attract passing traffic but also to invite thosepassing by to stay. Service levels and condensed standards are:


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LEVEL STANDARD OF MAINTENANCEEXAMPLE P.O.S. AREAS (not

all areas)

1

52 cuts (mows) per year (weekly) for POS andGingin Hockey Oval

Gingin Football and HockeyOval, Lancelin Football Oval,

Granville Park (Gingin)excluding rear of hall, Gingin

and Lancelin Shire offices, etc

40 cuts per year for football ovals (Gingin andLancelin)

Use catcher mowers for ovals (Gingin Football,Gingin Hockey and Lancelin Football)

Cutting height between 15-30mm

Gingin Hockey Oval cut with high speed reelmower and catchers

All Football Ovals cut with high speed rotarymower with catchers (or removal of cuttings fromsurface after every mow) and finishing rollers

All parks cut with rotary mower and finishingrollers (no catchers required)

Apply weed, fungal, bacteria, insecticide sprayfor weed/fungal/bacteria/insect control.

Oval renovations (vertidrain and vertimow) onceannually on all ovals. To occur between cricketand football seasons.

2

40 cuts (mows) per year

Lancelin Playgroup, GraceDarling Park (Lancelin), Gingin

Playgroup, Wangaree Park(Lancelin), Gingin CRC,Lancelin Senior Citizens,

Woodridge Community Centre,Guilderton Foreshore, DouglasPark (Seabird) Key Biscayne

Park, etc

All parks are cut using high tip speed rotarymowers fitted with finishing rollers

Cutting height to be between 15-30mm.

Weekly from October to April

Fortnightly May to September

Apply herbicides to control weedsRake sandpits fortnightly (check for sharpsweekly)

Application of NPK fertiliser 3 times annually

3

26 cuts (mows) per year (fortnightly) Gingin Senior Citizens Units(Barlee St), Gingin CWA house,

Community Halls, GabbadahPark (Guilderton), Pioneer Park

(Lancelin), Lancelin South,Seabird Oval, Ledge Point Oval

etc

2 applications of NPK fertiliser per annum

Apply herbicides to control weeds as required.

Rake sandpits fortnightly and check for sharpsweekly.

4

12 cuts (mows) per year (monthly)

Gingin and Lancelin Ovalsurrounds, Gingin Netball Court

surrounds

Cutting height will vary between 25-30mm


Rake sandpits fortnightly and check for sharpsweekly.


Cutting height will vary between 25-50mm


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Apply herbicides to control weeds as required. Silver Creek area (Guilderton),Neergabby Grounds, Junction

Bridge (Neergabby), etcRake sandpits fortnightly and check for sharpsweekly.

6


Woodridge Horse AreaCutting height will vary between 25-50mm


The advertised tender differs from the existing turf maintenance contract, particularly inrelation to changing the levels applicable to some POS and ovals in order to reflect theusage and regional nature of these areas. A summary of some of these changes is asfollows:

AREACHANGED

FROMLEVEL

TOLEVEL

Gingin Shire Office N/A 1Gingin Football and HockeyOval 2 1

Lancelin Footabll Oval 2 1

Seabird Oval 2 3

Ledge Point Oval 2 3

Lancelin South N/A 2

Woodridge Entry 2 3

Lancelin Pioneer Park 2 3

It is envisaged that these changes will reduce the maintenance costs applicable to theseareas whilst still providing an appropriate level of service.

As part of the awarded contract, the successful tenderer will be required to maintain all ofthe associated gardens (including pruning and weeding) in each level.

Request for Tender (RFT) 01/2016 Shire of Gingin Turf Maintenance 2016-2019 wasadvertised in The Western Australian newspaper on Saturday 9 January 2016 and closedon Wednesday 27 January 2016 at 4pm. At the close of tenders, two tender submissionswere received from (in no particular order):

• Lochness Landscape Services; and• Gro-Turf.

COMMENT

The tender evaluation is deemed to be “commercial in confidence” and has been circulatedto Councillors under separate cover.


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The tenders were assessed by an Evaluation Panel comprising of the Shire’s ExecutiveManager Operations, Operations Manager and Engineering Technical Officer. The pricescore was calculated using an average based scoring method as approved through theWestern Australian Local Government Association’s Procurement division. Each Panelmember scored the tenderers separately. The three scores were then averaged with thefollowing result (scores are out of a possible total of 100).

• Gro-Turf 68.01• Lochness Landscape Services 67.99

Of the two companies, Gro-Turf provided the cheapest total price. All prices submitted areunder budget. Gro-Turf is the current contractor for these works and has been completingthe work to a satisfactory standard for the duration of their contract.

Given the closeness of the scores and the fact that Gro-Turf was the cheapest tenderer, itis the Officer’s opinion that Gro-Turf offers the best value for money for the Shire of Gingin.


Local Government (Functions and General) Regulations 1996Part 4 – Provision of goods and servicesDivision 2 - Tenders for providing goods or services (s.3.57)

POLICY IMPLICATIONS

The Tender was called, opened and assessed in accordance with the provisions of Clause1.7 of Council’s Policy 3.10 – Purchasing.

BUDGET IMPLICATIONS

The Shire of Gingin has budgeted a total amount of $438,800 for turf (and garden)maintenance in the 2015/16 fiscal year. The submitted tenders are under this budgetamount. The proposed successful tenderer would realise a saving of $22,976 (ex GST) forthe remaining three months that the new contract would be in place for 2015/16.



Focus Area 3. Built EnvironmentObjective 3. To effectively manage growth and provide for the communityOutcome 3.3 High quality and well utilised community facilities and assetsStrategy 3.3.1 Plan for the future of community facilities and public open

space



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RECOMMENDATION


1. Accept the tender submitted by Gro-Turf Pty Ltd for RFT 01/2016 Shire of Gingin TurfMaintenance 2016-2019 of $346,952 (excluding GST).

2. Authorise the Shire President and Chief Executive Officer and Shire President to signand affix the Common Seal to the resulting contract.

RESOLUTION

Moved Councillor Peczka, seconded Councillor Collard that Council:

1. Accept the tender submitted by Gro-Turf Pty Ltd for RFT 01/2016 Shire of GinginTurf Maintenance 2016-2019 of $346,952 (excluding GST).

2. Authorise the Shire President and Chief Executive Officer and Shire President tosign and affix the Common Seal to the resulting contract.

CARRIED UNANIMOUSLY


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12. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Nil

13. COUNCILLORS' OFFICIAL REPORTS

13.1 GUILDERTON COMMUNITY ASSOCIATION AGM - 23 JANUARY 2016

FILE: GOV/20-1COUNCILLOR: IAN COLLARDREPORT DATE: 16 FEBRUARY 2016

Councillor Collard advised that he had attended the Guilderton Community Association’sAnnual General Meeting on 23 January 2016, and that Mr Dean Brady had been elected tothe position of Association President.

13.2 SEAVIEW PARK PROGRESS ASSOCIATION MEETING - 17 FEBRUARY 2016

FILE: GOV/20-1COUNCILLOR: SANDRA SMILESREPORT DATE: 16 FEBRUARY 2016

Councillor Smiles advised that she had attended the Seaview Park Progress Associationmeeting on 17 February 2016.

Seaview Park residents continue to have very strong concerns about the safety of IndianOcean Drive, particularly with respect to speed and lighting of the KW Road/Indian OceanDrive intersection. Council’s assistance is sought in advocating with Main Roads WesternAustralia for a reduction in the speed limit on Indian Ocean Drive in this vicinity.

The road sign for KW Road is still missing, and the Progress Association has contactedMain Roads Western Australia to have it replaced.

13.3 CLEAN UP AUSTRALIA DAY - 6 MARCH 2016

FILE: GOV/20-1COUNCILLOR: MICHAEL ASPINALLREPORT DATE: 16 FEBRUARY 2016

Councillor Aspinall advised that, as Chairperson of the Keep Australia Beautiful Council(WA), he would be in attendance at Guilderton on the day.

A Clean Up Australia Day exercise will also be held in Ledge Point.


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14. NEW BUSINESS OF AN URGENT NATURE

14.1 SEABIRD EROSION CONTROL - STAGE 2

LOCATION: TURNER STREET, SEABIRDFILE: ENV/17REPORTING OFFICER: JEREMY EDWARDS - CHIEF EXECUTIVE OFFICERREPORT DATE: 16 FEBRUARY 2016REFER: 19 JANUARY 2016 ITEM 14.1


Nil

PURPOSE

To:

1. Note GHD’s detailed design on the preferred solution for Stage 2;

2. Agree to the timelines for the tender process for advertising of a construction tender;

3. Agree to the composition of the Tender Evaluation Panel; and

4. Note a contingency option for Stage 2 Seabird Erosion Control.

BACKGROUND

As Council would be aware the Seabird Erosion Control Committee has met on a numberof occasions to progress the tender process for stage 2 of the erosion control works atSeabird. The committee has been operating under extremely tight time frames and at theCommittee Meeting held on 12 February 2016, it was resolved to:

1. Note the timelines for tender advertising and evaluation process;

2. Agree that the Tender Evaluation Panel will consist of the following members:

Russell Kernahan, Councillor David Roe (Shire President), Councillor Sam Collard(Deputy Shire President), Peter Boreham, Rory Ellyard and Jeremy Edwards CEOand that a recommendation be forwarded to the Council Meeting of 15 March 2016;

3. Agree to include a contingency within the tender document to seek rates for theconstruction of a sea wall; and

4. Recommends to Council that they consider undertaking a topographic and featuresurvey, probing test to determine bed rock levels and engaging a suitably qualifiedcoastal engineering company to undertake a detailed design of a sea wall.

CARRIED UNANIMOUSLY


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This agenda item will deal with the optimal solution provided by GHD in relation to the offshore breakwaters, the tender evaluation panel members and timeline and note the inclusionof a contingency option of a conceptual design for a seawall to be included within the tenderprocess to provide Council with some options when conducting the tender evaluation.

COMMENT

The detailed design for the Seabird Foreshore Stabilisation Stage 2 Modelling and ConceptDesign was forwarded to the Shire by GHD on Thursday, 11 February 2016 (Appendix 1refers).

The Shire has called tenders for the construction of this design via a state-wideadvertisement effective from Saturday, 13 February 2016. The tender will be advertised fora 14 day period and will close on Monday, 29 February 2016.

Evaluations will be conducted during the period 1 March through until 8 March 2016.Following this, an agenda item will be prepared by 11 March 2016 for distribution for theCouncil meeting scheduled to be held on Tuesday, 15 March 2016. In order to conduct theevaluations, a Tender Evaluation Panel will need to be appointed. Usually such a Panelwould consist of senior Shire staff such as the Chief Executive Officer (CEO) and/orExecutive/Senior Managers and technical experts. The committee has resolved torecommend that the panel will consist of the following representatives:

Cr David Roe – Shire President;Cr Sam Collard – Deputy Shire President;Jeremy Edwards – Chief Executive Officer;Russell Kernahan – Community Representative;Peter Boreham – Technical Expert; andRory Ellyard – Technical Expert – Coastal Engineer City of Wanneroo.

In order to optimise proposals for the advertised tender period, the tender includes avariation to provide a conceptual design for a seawall to be placed along the foreshore ofthe Section 91 area in Seabird. If the preferred option is not achievable as per theDepartment of Regional Development’s objective of being the most suitable, justified andcost effective solution, then this could stall the whole process and require conceptual designwork for alternatives to commence again.

In May 2014, the Shire engaged M P Rogers to prepare a conceptual emergency reliefdesign of a rock revetment wall for this location and this design was used to lobbyGovernment for assistance in addressing the issue. Officers have requested MP Rogers toamend this concept to include a seawall for the 530 metres of the affected section 91 area.A copy of this updated drawing is attached for information (Appendix 2 refers).

There could potentially be a risk with this approach, in that contractors could base their priceon the conceptual design and therefore costs could be over-inflated to accommodate thislevel of risk. However, it will provide the Tender Evaluation Panel and Council with analternative within the same timeframe and tender process.


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Furthermore, the Shire’s CEO has met with State agencies in relation to feedback upon thedraft GHD design that was tabled at the previous Seabird Erosion Control Committeemeeting of 19 January 2016.

On 1 February 2016 this feedback was officially provided to the Shire (Appendix 3 refers)and it is quite clear that the Department of Regional Development requires that the Shireensures that an effective solution is delivered within the Shire’s total budget, being the $2million grant. It is also quite clear from this correspondence that the Government will beholding the Shire responsible for potential consequential impacts of any erosion north orsouth of any infrastructure that the Shire puts in place. There are also additionalresponsibilities for the Shire to consider, including maintenance and removal ofinfrastructure in the absence of a licence or agreement over the Unallocated Crown Land(UCL).

It is worth noting that the Shire of Gingin agreed in good faith to enter into this arrangementwith the State Government on the principal that such an arrangement would be a partnershipbetween the relevant stakeholders, being the community, the Shire of Gingin and the StateGovernment. It now appears that the Shire of Gingin and its community will be responsiblefor future liability and consequential impacts (if any). For example, the maintenance andremoval of the proposed infrastructure (which could be significant) will be a financial burdenfor all ratepayers within the Shire of Gingin.

The CEO and Shire President have held a meeting with the State Government to clearlyarticulate concerns relating to the potential unknown liability that the State Government isexpecting the Shire to take on. It was also explained that erosion across the State of WesternAustralia is prevalent and a very unpredictable natural process. Seabird has recentlyexperienced some additional erosion to the north of the Section 91 notice area and there iscurrently no permanent infrastructure in place. If erosion is occurring naturally now, then itwould appear to be unrealistic to expect that that the Shire would take on this responsibility.

It is hoped that the State Government will reconsider these terms whilst the Shire of Gingincontinues to attempt to deliver a solution with the advertising of a construction tender.

The final item that the committee discussed was to recommend to Council to considerundertaking a topographic and feature survey and probing test to determine bed rock levelsand engaging a suitably qualified coastal engineering company to undertake a detaileddesign of a sea wall. These items will be required should the contingency of a seawall bedetermined as the effective solution. Undertaking these works now will reduce the timeframe required to engage a contractor to commence works.

Officers have urgently sought quotes from suitably qualified and experienced coastalengineering companies. These quotes form part of a further agenda item that containsconfidential and commercial information, and which will be dealt with separately at thismeeting.


Nil


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POLICY IMPLICATIONS

Policy 1.32 – Interim Position on Seabird Coastal Erosion

BUDGET IMPLICATIONS

Not applicable at this stage of the process or for this report.



Focus Area Leadership and GovernanceObjective 5. To demonstrate effective leadership and governanceOutcome 5.2 Accountable and responsible governanceStrategy 5.2.2 Develop policy and strategy which supports sound decision

making


RECOMMENDATION


1. Note GHD’s detailed design on the preferred solution for Stage 2.

2. Note the timelines for tender advertising and the evaluation process.


Cr David Roe (Shire President)Cr Sam Collard (Deputy Shire President)Jeremy Edwards (Chief Executive Officer)Russell Kernahan (Community Representative)Peter Boreham (Technical Expert)Rory Ellyard (Technical Expert – Coastal Engineer City of Wanneroo)

4. Note that a contingency has been included within the tender document to seek ratesfor the construction of a seawall.

MOTION

Moved Councillor Aspinall, seconded Councillor Peczka that Council:





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4. Note that a contingency has been included within the tender document to seek ratesfor the construction of a seawall.

AMENDMENT

Addition of Part 5.

Moved Councillor Fewster, seconded Councillor Peczka that Council:





4. Note that a contingency has been included within the tender document to seekrates for the construction of a seawall.

5. Advise the Department of Regional Development that, in response to itscorrespondence dated 1 February 2016, if confirmation of indemnification of theShire of Gingin with respect to the Seabird Foreshore Stabilisation Works is notreceived by 15 March 2016 then Council will be unable to progress the tenderprocess.

CARRIED UNANIMOUSLY

The amendment became the substantive motion.

SUBSTANTIVE MOTION WITH AMENDMENT

Moved Councillor Aspinall, seconded Councillor Peczka that Council:




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4. Note that a contingency has been included within the tender document to seekrates for the construction of a seawall.

5. Advise the Department of Regional Development that, in response to itscorrespondence dated 1 February 2016, if confirmation of indemnification of theShire of Gingin with respect to the Seabird Foreshore Stabilisation Works is notreceived by 15 March 2016 then Council will be unable to progress the tenderprocess.

CARRIED UNANIMOUSLY


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15. MATTERS FOR WHICH MEETING IS TO BE CLOSED TO THE PUBLIC

RECOMMENDATION

It is recommended that Council move into a Confidential Session to discuss Item 15.1.

RESOLUTION

Moved Councillor Smiles, seconded Councillor Court that Item 15.2 be received forconsideration as Confidential New Business of an Urgent Nature and that Councilmove into a Confidential Session to discuss Items 15.1 and 15.2.

CARRIED UNANIMOUSLY

The meeting was closed to the public and all members of the public present in the Galleryleft Council Chambers at 3.48pm.

The Acting Executive Manager Corporate and Community Services, Executive ManagerRegulatory Services, Executive Manager Operations, Manager Strategic Planning andDevelopment and Manager Statutory Planning left Council Chambers at 3.49pm.

The Manager Strategic Planning and Development returned to Council Chambers at3.57pm.

RESOLUTION

Moved Councillor Court, seconded Councillor Ammon that the meeting be reopenedto the public.

CARRIED UNANIMOUSLY

The meeting reopened to the public at 4.17pm and the Acting Executive Manager Corporateand Community Services, Executive Manager Regulatory Services, Executive ManagerOperations and Manager Statutory Planning returned to Council Chambers.

The Shire President advised members of the public present in the Gallery of the outcome ofCouncil’s debate.


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15.1 EXTENSION OF CONTRACT - EXECUTIVE MANAGER OPERATIONS

FILE: PER/245REPORTING OFFICER: JEREMY EDWARDS - CHIEF EXECUTIVE OFFICERREPORT DATE: 16 FEBRUARY 2016REFER: 25 JUNE 2013 ITEM 8.1

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local GovernmentAct 1995 which permits the meeting to be closed to the public for business relating to thefollowing:

(a) a matter affecting an employee or employees;

RECOMMENDATION

It is recommended that Council note that the contract of employment for the ExecutiveManager Operations, Mr Allister Butcher, has been extended by the Chief Executive Officerin accordance with s.5.37 of the Local Government Act 1995, expiring on 4 March 2021.

RESOLUTION

Moved Councillor Elgin, seconded Councillor Peczka that Council note that thecontract of employment for the Executive Manager Operations, Mr Allister Butcher,has been extended by the Chief Executive Officer in accordance with s.5.37 of theLocal Government Act 1995, expiring on 4 March 2021.

CARRIED UNANIMOUSLY


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15.2 SEABIRD EROSION CONTROL - UNBUDGETED EXPENDITURE FORDETAILED DESIGN OF SEA WALL

LOCATION: TURNER STREET, SEABIRDFILE: ENV/17REPORTING OFFICER: JEREMY EDWARDS - CHIEF EXECUTIVE OFFICERREPORT DATE: 16 FEBRUARY 2016REFER: 19 JANUARY 2016 ITEM 14.1

Reason for Confidentiality

This report is CONFIDENTIAL in accordance with Section 5.23(2) of the Local GovernmentAct 1995 which permits the meeting to be closed to the public for business relating to thefollowing:

(e) a matter that if disclosed, would reveal –

(ii) information that has a commercial value to a person;

RESOLUTION

Moved Councillor Fewster, seconded Councillor Elgin that Council:

1. Agree to allocate an amount of $37,400 as unbudgeted expenditure from its2015/16 Budget for the purpose of undertaking of a topographic and featuresurvey and a probing test to determine bed rock levels, and the engagement ofa suitably qualified coastal engineering company to undertake a detailed designof a sea wall.

2. Accept the quotation submitted by GHD to carry out this project.

CARRIED BY ABSOLUTE MAJORITY9/0

16. CLOSURE

There being no further business, the Shire President declared the meeting closed at 4.18pm.

The next Ordinary meeting of Council will be held in Council Chambers at the Shire of GinginAdministration Centre, 7 Brockman Street, Gingin on Tuesday, 15 March 2016 commencingat 3.00pm.

_________________Councillor D W RoeShire President15 March 2016

minutes 16 february 2016...11.2.1 expenditure of surplus funds identified from 2015/16 budget review...

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