Agenda of Ordinary Council

Ordinary Council: Agenda

23 April 2013 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 23 April 2013

COMMENCING AT 4.00pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr M Heasman President Town Ward

Cr V Brown Deputy President Rural Ward

Cr N Bowman Rural Ward

Cr P Griffiths Town Ward

Cr R Mansell Town Ward

Cr L McIntyre Town Ward

Cr W Rodgers Town Ward

Cr B Stewart, JP Town Ward

Cr N Walker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Services

Mr G Harris Director Engineering Services

Mr R Hilton Director Community Services

Mr R Hindley Director Development Services

Ms A Fitzgerald Minutes Secretary

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

Nil

8. Public addresses / deputations

9. petitions

10. confirmation of minutes

That the Minutes of the Ordinary Council Meeting of the 26 March 2013 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. delegates reports without discussion

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 Development Services

Item: 12.1.1

Application for Vesting - Various Sites for Gravel Extraction

Author/s	Trish Gardner	Environmental Officer
Authorisor/s	Paul Clifton	Manager Health & Environment
	Richard Hindley	Director Development Services

File Ref: F13/314

Applicant

Trish Gardner – Environmental Officer

Location/Address

Various – See Attachment A

Executive Summary

For Council to request the vesting of a number of sites for the purpose of gravel extraction for road building and maintenance.

Recommendation in Brief

For Council to request that the Department of Regional Development and Lands vests of a number of reserves with the Shire.

Background

The Shire received the advice on 1 March 2013 from Ken McCracken (Manager, State Lands South East, Department of Regional Development and Lands) regarding changes to the process regarding legal access to Crown land.

Ken was under the misapprehension that s3.27 of the Local Government Act 1995 granted the Shire authority to enter Crown land to undertake the activities in Schedule 3.2, but has now been advised that under s1.6, the Crown is not bound unless expressly stated. As such it will be necessary for the purpose of a Crown Reserve to be vested as ‘gravel” and for Council to be granted management of the reserve before Council can enter the reserve to take gravel. This will require a formal application from Council, land assembly by RDL and compliance with the “Future Act” provisions of the Native Title Act 1993. All applications from the Shire to access gravel resources from either unallocated Crown land or unmanaged reserves will in future need to comply with this process.

As a result of this, the Shire will need to apply for vesting for a large number of sites to access gravel and other road base material for the purpose of road building and maintenance. The Shire has been advised that the vesting process can take 12-18 months, thus it is necessary to formally commence the process as soon as possible.

The following sites are listed as Crown Reserves for the purpose of gravel extraction, however all are currently unvested. As these sites have already been identified for gravel extraction, it is considered prudent to apply for the vesting of all of them.

Lot	Reserve	Parcel	Plan	Location	District
572	14348	5873	Esperl	Doust Street	Gibson
574	14541	6322	Esperl	Coolgardie-Esperance Highway	Gibson
573	14543	6320	Esperl	Coolgardie-Esperance Highway	Gibson
686	14554	6318	Esperl	Coolgardie-Esperance Highway	Gibson
300	23875	12475	45781	South Coast Highway	Dalyup
1463	23880	6412	163027	Shark Lake Road	Monjingup
1462	23930	6062	Esperl	South Coast Highway	Monjingup
1461	23970	6414	Esperl	South Coast Highway	Dalyup
1474	23996	7351	Esperl	South Coast Highway	Monjingup
1592	24796	6066	Esperl	Browning Road	Gibson
1593	24797	6421	Esperl	Browning Road	Dalyup
1594	24798	6423	Esperl	Dalyup Rd	Dalyup
1595	24799	6425	Esperl	Browning Road	Dalyup
1596	24800	6427	Esperl	Boydell Road	Gibson
1597	24801	6429	207133	Boydell Road	Gibson
1599	24803	6433	Esperl	De Grussa Road	Gibson
1602	24806	6439	Esperl	Browning Road	Dalyup
1563	25275	7091	Esperl	South Coast Highway	Coolmalbidgup
1561	25277	6441	Esperl	South Coast Highway	Coolmalbidgup
1560	25278	6443	Esperl	South Coast Highway	Coolmalbidgup
1540	25420	6451	Esperl	South Coast Highway	Coolmalbidgup
627	26047	7093	Esperl	Coolgardie-Esperance Highway	Gibson
70	26321	6465	Neridl	Coolinup Rd	Condingup
71	26322	6467	Neridl	Coolinup Rd	Condingup
73	26323	6469	Neridl	Fisheries Rd	Neridup
74	26324	6471	Neridl	Savages Rd	Neridup
77	26325	6473	Neridl	Backman Rd	Neridup
91	26387	6475	Neridl	Ridgelands Rd	Condingup
96	26392	6479	Neridl	Fisheries Rd	Condingup
97	26393	6481	Neridl	Muntz Rd	Condingup
1481	27171	7353	Esperl	South Coast Highway	Dalyup
82	27357	7361	Neridl	Meyer Road	Condingup
83	27358	7363	Neridl	Lane Road	Condingup
84	27359	7365	Neridl	Coolinup Rd	Condingup
85	27360	7367	Neridl	Meyer Road	Condingup
86	27361	7369	Neridl	Meyer Road	Condingup
89	27364	9993	Neridl	Meyer Rd	Condingup
215	27381	9939	Neridl	Dempster Rd	Wittenoom Hills
1544	29327	9874	Fitzgl	Ballast Road	Grass Patch
1926	31710	9924	Esperl	Freebairn Road	Gibson
409	32778	9951	Neridl	Coolinup Rd	Neridup
424	32781	9956	Neridl	Coolinup Rd	Mt Ney
457	32785	9976	Neridl	Henkes Rd	Howick
258	32802	9980	Neridl	Shao-Lu Road	Howick
1288	35633	6100	214251	Grass Patch Road	Grass Patch
1634	35657	6095	214255	Field Road	Lort River
298	35658	6332	Leake	Rollond Road	North Cascade
479	37290	6184	184415	Porter Rd	Wittenoom Hills
1368	37829	9684	Oldfie	West Point Road	North Cascade
1654	38066	9757	Fitzgl	Field Road	North Cascade
1433	38643	9935	N/A	Coolgardie-Esperance Highway	Gibson

In addition, it is recommended that the Shire requests that the large block of Vacant Crown Land parcel number 10682, located at Fisheries Rd (near Balladonia Rd) Buraminya, is split to accommodate a gravel site. This site is an important location as the Shire’s most easterly gravel pit surrounded by National Park which is unavailable for gravel. The area has numerous spent pits and the Shire has applied for a site which is now subject to a heritage survey by the Goldfields Land and Sea Council.

The Department of Environment and Conservation have applied for vesting of the entire parcel to add to Cape Arid National Park and there is an Aboriginal Heritage Site at a nearby hill.

The Shire would also like to request a change of vesting to the following site. Parcel 9943, Lot 216, Reserve No 27382. The site is currently unallocated Crown Reserve for the purpose of Aerial Landing Strip but has been used as a gravel source extensively in the past. It is recommended that the Shire requests a management order for the reserve and that the purpose is changed to “gravel”.

Officer’s Comment

The Shire has previously been given approval to access Crown Land for the purpose of extracting gravel and have used this option extensively in the past; however as per advice from the Department of Regional Development and Lands as above, this is no longer available.

Discussions with Shire Officers from Development Services and Engineering Staff are continuing to identify possible sites. A search of Crown Reserves also identified over 50 sites reserved for gravel but not currently vested in the Shire.

As these sites have already been identified for gravel extraction it was considered prudent to facilitate gaining access to these reserves as a matter of priority.

Consultation

Shire Officers (Engineering Services and Development Services);

Department of Regional Lands Development;

Department of Environment and Conservation; and

Goldfields Land and Sea Council.

Financial Implications

There are financial implications with possible requirements for assessment by the Goldfields Land and Sea Council.

For example the Goldfield’s Land and Sea Council have recently undertaken a Heritage Survey of a 30ha site at Buraminya for a total cost of $26,000.

It is considered that the proposed vesting of Reserve No 27382 for gravel will require a Heritage Survey to be undertaken. As this site is smaller than the Buraminya site it is anticipated that the cost would be in the vicinity of $20,000. This expenditure has not been budgeted for.

Preliminary advice from the Department of Regional Development and Lands states that where a site has already got an assigned purposed of Gravel that the process of vesting it with the Shire will not trigger the Heritage Survey requirements.

Asset Management Implications

Any new reserves would represent an addition to the Shire’s land portfolio.

Securing these reserves for the purpose of gravel extraction will safeguard access to this resource and assist in the maintenance and renewal of the Shire’s rural road network.

Statutory Implications

Environmental Protection Act – as with current gravel pits, sites are subject to applications for permits to clear native vegetation.

“Future Act” provisions of the Native Title Act 1993.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

To enable the Shire to continue maintenance of essential infrastructure namely roads.

Environmental Considerations

sites are to be cleared of native vegetation before extraction can occur. All sites will be rehabilitated on removal of the gravel resource.

Attachments

a .	Shire Map Showing Proposed Gravel Pits - Under Separate Cover
b View.	Buraminya Proposed Gravel Site
c View.	Wittenoom Hills Proposed Gravel Site

Officer’s Recommendation

That Council

1. Request that the Department of Regional Development and Lands acting on behalf of the Crown vest with the Shire of Esperance the parcels (which have a purpose of Gravel) of land in the following table:

Lot	Reserve	Parcel	Plan	Location	District
572	14348	5873	Esperl	Doust Street	Gibson
574	14541	6322	Esperl	Coolgardie-Esperance Highway	Gibson
573	14543	6320	Esperl	Coolgardie-Esperance Highway	Gibson
686	14554	6318	Esperl	Coolgardie-Esperance Highway	Gibson
300	23875	12475	45781	South Coast Highway	Dalyup
1463	23880	6412	163027	Shark Lake Road	Monjingup
1462	23930	6062	Esperl	South Coast Highway	Monjingup
1461	23970	6414	Esperl	South Coast Highway	Dalyup
1474	23996	7351	Esperl	South Coast Highway	Monjingup
1592	24796	6066	Esperl	Browning Road	Gibson
1593	24797	6421	Esperl	Browning Road	Dalyup
1594	24798	6423	Esperl	Dalyup Rd	Dalyup
1595	24799	6425	Esperl	Browning Road	Dalyup
1596	24800	6427	Esperl	Boydell Road	Gibson
1597	24801	6429	207133	Boydell Road	Gibson
1599	24803	6433	Esperl	De Grussa Road	Gibson
1602	24806	6439	Esperl	Browning Road	Dalyup
1563	25275	7091	Esperl	South Coast Highway	Coolmalbidgup
1561	25277	6441	Esperl	South Coast Highway	Coolmalbidgup
1560	25278	6443	Esperl	South Coast Highway	Coolmalbidgup
1540	25420	6451	Esperl	South Coast Highway	Coolmalbidgup
627	26047	7093	Esperl	Coolgardie-Esperance Highway	Gibson
70	26321	6465	Neridl	Coolinup Rd	Condingup
71	26322	6467	Neridl	Coolinup Rd	Condingup
73	26323	6469	Neridl	Fisheries Rd	Neridup
74	26324	6471	Neridl	Savages Rd	Neridup
77	26325	6473	Neridl	Backman Rd	Neridup
91	26387	6475	Neridl	Ridgelands Rd	Condingup
96	26392	6479	Neridl	Fisheries Rd	Condingup
97	26393	6481	Neridl	Muntz Rd	Condingup
1481	27171	7353	Esperl	South Coast Highway	Dalyup
82	27357	7361	Neridl	Meyer Road	Condingup
83	27358	7363	Neridl	Lane Road	Condingup
84	27359	7365	Neridl	Coolinup Rd	Condingup
85	27360	7367	Neridl	Meyer Road	Condingup
86	27361	7369	Neridl	Meyer Road	Condingup
89	27364	9993	Neridl	Meyer Rd	Condingup
215	27381	9939	Neridl	Dempster Rd	Wittenoom Hills
1544	29327	9874	Fitzgl	Ballast Road	Grass Patch
1926	31710	9924	Esperl	Freebairn Road	Gibson
409	32778	9951	Neridl	Coolinup Rd	Neridup
424	32781	9956	Neridl	Coolinup Rd	Mt Ney
457	32785	9976	Neridl	Henkes Rd	Howick
258	32802	9980	Neridl	Shao-Lu Road	Howick
1288	35633	6100	214251	Grass Patch Road	Grass Patch
1634	35657	6095	214255	Field Road	Lort River
298	35658	6332	Leake	Rollond Road	North Cascade
479	37290	6184	184415	Porter Rd	Wittenoom Hills
1368	37829	9684	Oldfie	West Point Road	North Cascade
1654	38066	9757	Fitzgl	Field Road	North Cascade
1433	38643	9935	N/A	Coolgardie-Esperance Highway	Gibson

2. Request that the Department of Regional Development and Lands acting on behalf of the Crown vest with the Shire of Esperance a portion of Vacant Crown Land Parcel 10682 (Attachment B) and assign the purpose of “Gravel” to the aforementioned portion.

3. Request that the Department of Regional Development and Lands acting on behalf of the Crown vest with the Shire of Esperance Parcel 9943, Lot 216, Reserve No 27382 (Attachment C) and assign the purpose of “Gravel” to the aforementioned site.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2013 Page 28

Item: 12.2.2

Chartwell Lane Land Resumption

Author/s	Gavin Harris	Director Engineering Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F12/161

Applicant

Engineering Department

Location/Address

Lot 558 Chartwell Lane

Executive Summary

That Council agree to amalgamate 126,535m2 of road reserve into Lot 558 Chartwell Lane and resume 19,705m2 from Lot 558 Chartwell Lane.

Recommendation in Brief

That Council commence the process to amalgamate 126,535m2 of road reserve into Lot 558 Chartwell Lane and resume 19,705m2 from Lot 558 Chartwell Lane (as per the attached plan).

Background

Council originally budgeted to undertake the realignment of Murray Road and Chartwell Lane to allow for easier and safer access to the highway for heavy vehicles that transport lime from the pit located at the end of Murray Road. Murray Road also provides access to a ski lake, winery, farmland and beach. Two areas were required to be realigned being the intersection of Murray Road and Chartwell Lane and the 90^O bend on Chartwell Lane.

Council has budgeted for the realignment of Murray Road and Chartwell Lane for the past two (2) financial years with some works completed in the 2011/12 financial year with the realignment of Chartwell Lane and Murray Road intersection. The other outstanding issue for the realignment is the 90^O bend on Chartwell Lane.

Two options were considered of the realignment of the 90^Obend including resumption of land from Lot 55 Chartwell Land and resumption of land from lot 2 South Coast Highway and Lot 1035 Chartwell Lane.

Option 1 Lot 55 Chartwell Lane involves the resumption of 19,705m2 and the construction of approximately 460m of road.

Option 2 Lot2 South Coast highway and Lot 1035 Chartwell Lane would involve the resumption of approximately 100,000m2 of land from the two properties and the construction of 650m of road to exit onto South Coast Highway at a location with sufficient site lines.

With sufficient site lines (existing intersection), a shorter length of road for construction and only one property owner to deal with officers believe that option one is the best option.

Officers are currently dealing with Main Roads WA to ensure that once road works are completed that Chartwell Lane will be added to the list of approved roads for the use by 27.5m vehicles. This will allow trucks to access the lime pit using truck configurations up to 27.5m. Main Roads will require the 90^O bend to be removed and for the first 100m of Chartwell Lane to be sealed and some works on the intersection of Chartwell Lane with the Highway. The intersection works will be considered during the 2013/14 budget discussions.

Officer’s Comment

Officers had been in negotiation with the owners of lot 558 Chartwell Land, DM & FL White, for a considerable time without being able to resolve the issue of resuming a section of their property, 19,705m2, required to adjust the 90^O bend to allow vehicles to travel at 60km/hr around the bend.

Following a meeting in the shire office between Mrs White, her son, the CEO and Director Engineering, a proposal was put to Mr and Mrs White for a land swap (see attached plan). The land swap involves the resumption of 19,705m2 from lot 558 Chartwell Lane and the amalgamation of 126,535m2 from road reserve on the corner of Chartwell Lane and Murray Road. This section of land includes the road reserve where Chartwell Lane used to be and a section of land that was previously resumed from lot 55 Murray Road to allow the realignment of Chartwell and Murray Road.

Mrs White has agreed to the land swap subject to the following conditions being met –

What gravel is going to be taken ie what is heaped up or more	Gravel has been pushed up at this location and only what has been pushed up would be removed.
Fencing to be 7x90x30 ringlock with 2 barbs and pine post at 5 meter. 2 sets of double gates as marked on the map for straying stock.	Standard practice for resumptions or amalgamations associated with road works is fencing the new boundary.
Is Chartwell Lane to retain its name?	“Chartwell Lane is named after a farm that Winston Churchill lived on for many years”. There is currently no intention of changing the name of Chartwell Lane.
$3,000 for out of pocket expenses	Officers are unsure of what the out of pocket expenses would be, however $3,000 is considered an insignificant cost, if it means resolving this long overdue road safety issue.
Shire to meet the cost of all legal fees, surveying, title adjustment and new title issued.	This is standard practice for resumptions or amalgamations associated with road works.
The Site to be levelled after the resumption of any soil.	Standard practice is to rehabilitate and areas that are disturbed on farm land for gravel extraction.
The removal of any soil from the resumed are to be placed on clay road near Murray Road	Any topsoil stripped during the construction of the new road can be used as asked.

Consultation

DM & FL White

Financial Implications

Council currently has two budgets for Chartwell Lane being –

Account	Name	Budget	Expended	Variance
95998	Chartwell Lane – Form and Construct	$95,000	$9,396	$85,335
94130	Chartwell Lane – Resume Land	$95,000	$75,758	$19,242

Option 1

Road construction cost (460m) $46,000

Fencing (1.61km) $ 7,110

Surveying & Titles (1 Prop) $15,000

Total $68,110

Option 2

Road construction cost (650m) $65,000

Fencing (1092m) $ 6,006

Survey & Titles (2 Prop) $30,000

Total $101,006

Asset Management Implications

Option one will slightly reduce the length of road that is currently maintained while option two will slightly increase the length of road being maintained.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

3.3 Deliver and advocate for a diverse and safe transport system which is efficient and meets the needs of all users.

Environmental Considerations

Nil

Attachments

a View.	Chartwell Lane Land Resumption Plan
b View.	Shire of Esperance Letter of Offer
c View.	DM & FL White Resposne to Shire letter

Officer’s Recommendation

That Council commence the process to amalgamate 126,535m2 of road reserve into Lot 558 Chartwell Lane and resume 19,705m2 from Lot 558 Chartwell Lane (as per the attached plan) and agrees to the following –

1. All pushed up gravel to be removed from the affected land

2. All costs for the fencing, surveying, title adjustment and new title be met by Council

3. Pay $3,000 out of pocket expenses

4. Rehabilitate all areas disturbed for gravel rehabilitation

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2013 Page 41

Item: 12.3.3

Lease Extension - Sinclair House - Museum Village

Author/s	Jennifer Parry	Manager Administration Services
Authorisor/s	Shane Burge	Director Corporate Services

File Ref: F13/434

Applicant

Amanda & Geoff Thomas trading as E.S.P.

Location/Address

Portion of Lot 60 on Reserve 2815, which is described as Sinclair House.

Executive Summary

For Council to consider extending the lease on Sinclair House, Museum Village to Mr & Mrs Thomas trading as E.S.P.

Recommendation in Brief

That Council, subject to the approval of the Minister of Lands, agrees to lease to Amanda and Geoff Thomas, trading as E.S.P. a portion of Lot 60 on Reserve 2815, described as Sinclair House, for a lease period with an expiry date of no later than 31 December 2015, subject to specified conditions.

Background

Mr & Mrs Thomas were assigned the lease of Sinclair House on 1 March 2006 where they have been running a successful business retailing such items as shoes, bags, sunglasses, designer jewellery, fashion accessories, gifts and Simmo cornet ice-cream. Their lease expired on 14 April 2012.

A previous request has been made by Mr & Mrs Thomas in 2012 for an extension to their lease. Council considered their request in the All Purpose Committee Meeting on 20 November 2012 and resolved ‘That Council request further information in regards to the leases and the Commercial Tenancy Act requirements in regards to Museum Village.’

Additional information on the Commercial Tenancies Act was provided to Council in a report to the Ordinary Council Meeting on 26 March 2012 where it was resolved ‘that Council do not enter into any new commercial leases for the Museum Village Buildings that enact the requirements under the Commercial Tenancy (Retail Shops) Agreement Act 1985; and will consider extending existing retail leases on a short term basis whilst charging full market rental as determined by an Independent Valuer.’

Officer’s Comment

Section 13 of the Commercial Tenancies Act relating to the minimum term of 5 years for a retail shop lease does not affect this lease agreement as Mr & Mrs Thomas’ previous lease has been in excess of 6 years, from 1 March 2006 to 14 April 2012. Since the lease expiry date, the tenancy has been in a state of ‘Holding Over’, Clause 7.5 – Holding Over in their lease allows for a continuance of the lease from week to week under the existing terms and conditions of the lease with one week’s notice by either party to terminate.

This lease is proposed to commence on 1 May 2013 for a period of 2 years and 8 months, terminating on 31 December 2015. Rent to be calculated as per independent current market valuation including annual C.P.I. increases.

Consultation

Herron Todd White – Independent Property Advisers

Financial Implications

Leases for properties in the Museum Village provide the surety of commercial rental income streams. There are financial implications as this building falls within the building hierarchy as a commercial building and therefore the Shire is responsible for the maintenance of the building, other than that specified in the lease document.

Asset Management Implications

There are asset management implications as this building falls within the building hierarchy as a commercial building and therefore the Shire is responsibility for maintenance of the building, other than that specified in the lease document.

Statutory Implications

Section 3.58 of the Local Government Act 1995.

Policy Implications

This item relates to Council Policy CORP 004 for Building and Property Leases.

The Building and Property Lease Policy determines property classifications that can be applied to all Council’s property providing for consistency in leased documentation and equity in terms and conditions within the various property classifications. This policy also aims to clarify the role and responsibilities between the Lessor (Shire) and Lessee on matters replating to cleaning, internal and external property maintenance.

The applicable classification for this property is:

Commercial Premises – Open Market which covers the lease for Sinclair House requiring that market rental be determined by valuation with individual rental as determined by Council.

The last valuation for the Museum Village was carried out in 2008, hence Herron Todd White have been engaged to provide an independent current market rental value. The valuation will provide Council with a current commercial market rental value per m². This figure will be used to calculate the rental charge for the proposed lease which will also include an annual C.P.I. increase.

Strategic Implications

Strategic Community Plan 2012-2022

3.5 Maintain the Shire’s robust asset management practices and maintenance program

4.2 Maintain a clear, transparent and ethical decision making process

4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council subject to the approval of the Minister of Lands, agrees to lease to Amanda & Geoff Thomas, trading as E.S.P. a portion of Lot 60 on Reserve 2815, described as Sinclair House, subject to the following:

a) The lease expiry date will be no later than 31 December 2015.

b) The lease rental to be determined by current commercial market rental valuation obtained from a registered independent valuer, with annual C.P.I. increases for the term of the lease.

c) The lease area is to be a portion of Lot 60 on Reserve 2815 described as ‘Sinclair House’ and defined in the lease and displayed clearly in an attachment to the lease document.

d) That all lease terms and conditions be as per Council adopted Standard Commercial Lease.

e) Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2013 Page 48

12.4 Community Services

Item: 12.4.1

Reallocation of Funding for Adventureland Park Project

Author/s	Matthew Scott	Chief Executive Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F12/162 & F12/316

Applicant

Adventureland Management Committee Inc

Location/Address

Ralph Bower Adventureland Park

Executive Summary

For Council to consider a request from the Adventureland Park Management Committee Inc (AMC) to relocate $5,000 to complete their Shade Shelter project.

Recommendation in Brief

That Council give conditional approval for the reallocation of $5,000 within Shire’s budget to complete the shade shelters at Ralph Bower Adventureland Park.

Background

On the 5 April 2013, the Shire received a letter (via email) from the AMC requesting the relocation of $5,000 budgeted for the development of an Adventureland Park Masterplan to help complete the current shade shelter project which has suffered some budget overruns (letter attached).

As Council may recall, Council has allocated $5,000 in the budget as a contribution towards the engagement of a professional planner to assist in developing a Masterplan for the park. This allocation was made due to concerns regarding the continued unplanned development of the park, dating back at least five (5) years.

In August 2012, Council received a “Management Plan for Ralph Bower Adventureland Park 2012-2017” produced internally by the AMC without engaging a professional planner, and therefore effectively saving the Shire the budgeted $5,000. Within this plan, under current projects is a “Granite Shade Shelter”, identifying the project cost being “$55,000 plus in-kind support and volunteer hours.” It is understood this relates a previously Council approved planning application for a Shade Shelter, issued in January 2011, which values the overall development at $78,000.

In developing the Management Plan internally, the AMC has not utilised the $5,000, which remains unspent in the current budget. In a letter from the Shire on 19 October 2012, the Shire advised AMC that the $5,000 could be applied to a specific project, subject to Council consideration (Attachment A[r1] ). AMC has now subsequently requested these funds be reallocated towards the uncompleted shade shelter project.

Given that this is a request to reallocate funds budgeted for the specific purpose, Council will be required to amend the budget, in accordance with Section 6.8, Local Government Act 1995.

Officer’s Comment

On face value the request from AMC seems reasonable; a simple reallocation unused funds to complete an unfinished project. Obviously the Shire is thankful for work achieved by the AMC over the years, much of which has had little or no direct cost to the Shire or Community. Likewise the Shire does not want an uncompleted project at one of our premier parks, used by both locals and tourists, while the group finds additional funding.

In reviewing this request there is an underlining concern that funds are now being requested for a project which the Shire has had little involvement in especially given the Shire may be ultimately responsible for the long term maintenance of the completed structure. It should also be noted that the proposed allocation is very different to what the initial funding ($5,000) was budgeted to produce, i.e. a professionally produced masterplan.

On reviewing the Management Plan produced by the AMC, it contains a lot of information on the groups long term vision for the park, however very little detail on how this is to be achieved, at what cost and who will ultimately responsible for these assets in the long term future. Furthermore, the long term land tenure of the Ralph Bower Adventureland Park is yet to be resolved. In the request from the AMC, there is very little detail on the reasons for the budget over runs, however it presumed to be caused due to increased material costs, as much of the labour is voluntary. Given that no building licence has been issued, it difficult for Council to determine to total cost of the project or its potential asset maintenance implications.

If Council was to view this request in the same light as a Community Development Fund (CDF) Applications, then AMC would be required to provide detailed budgetary and funding information for requests of similar value. Generally CDF applications would only be available for new projects, so in this case it not unreasonable to request a comparison between budget and actual costs to date, to ensure no further funds are required to complete the project, much like a traditional grant acquittal process.

Given that it is important that this project not remain uncompleted, it is recommended to approve the budget reallocation, however approval should be conditional on receiving information so that Council can determine the long term implications of this project, now that additional ratepayer funds are being directly invested into the park and that the structure is safe for the general public to utilise.

Consultation

Executive Group

Financial Implications

The financial implications arising from this report are:

Description		Budget Figure	Amended Figure	Variation
AdventurePark Master Plan	02704	$5,000	$0	($5,000)
Contribution to AMC	TBA	$0	$5,000	$5,000
Net result				$0

Asset Management Implications

In the letter received from AMC, there are no details on the total cost of the project or any information on long term financial or maintenance costs of the project. Based on other documentation with Council, the project is estimated to cost between $55,000 to $78,000. In reviewing the Adventureland Park Management Plan, there is little to no detail on the long term maintenance requirements on the Shade Shelter (or other items at Adventureland Park), apart from that responsibility for the “Granite Shade Shelter” is shared between the Shire and AMC.

Council records indicate that though planning approval has been provided, no building licence has been issued for the construction. Concern has also been raised as to whether Slate and Copper capping are the most appropriate and durable materials for the shade shelter given its location.

Statutory Implications

Local Government Act 1995

Section 6.8 Expenditure from municipal fund not included in annual budget

Building Act 2011

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.2 Create a vibrant built environment that is accessible and inclusive and reflects the Shire’s identity and local heritage

1.4 Encourage and support volunteers and community groups

Economic

3.5 Maintain the Shire’s robust asset management practices and maintenance programs

3.8 Facilitate and guide high quality and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a.	Letter - Adventureland Park Management Committee - Under Separate Cover
b View.	Letter - Shire of Esperance

Officer’s Recommendation

That Council approve the reallocation of $5,000 currently under account #02704, Adventureland Park Master Plan, to fund the budget overruns of the Shade Shelter project of the Adventureland Park Management Committee Inc (to a maximum value of $5,000), subject to:

1) Receipt of detailed budgets, actual costings and funding information on the project;

2) A Building Permit being issued based on structural engineer certified plans; and

3) Receipt of a long term (10 year) maintenance plan for the structure.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 April 2013 Page 59

Item: 12.5.3

Shire of Esperance Social Media Strategy

Author/s	Priscilla Davies	Coordinator Corporate Reporting
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D13/5571

Applicant

Shire of Esperance

Location/Address

Windich Street, Esperance

Executive Summary

To consider a Draft Shire of Esperance Social Media Strategy.

Recommendation in Brief

That Council adopt the Social Media Strategy.

Background

Social media is changing the way people communicate with each other and interact with local government. Its continued growth and increasing variety of tools offers both opportunities and challenges for Council and the Shire. These guidelines are intended to provide a safe framework for online participation by Council and Shire of Esperance employees. They provide guidance to all employees who use social media for official purposes and to Council and staff that use Social Media during a work or personal activity. They are intended to cover future social networking services as they develop. These guidelines will be regularly reviewed to reflect changing technology.

There are existing Facebook accounts linked to the Shire which reach targeted audiences. There is an ongoing need for a whole of Shire presence to inform the community about a broad range of topics. It is important to note that information posted on Facebook accounts is not new or unique information, the sites are simply additional channels for information distribution and must have a consistent message whilst cross-promoting activities where appropriate.

Officer’s Comment

The draft strategy (attached) is designed to manage social media use in the Shire of Esperance. The Shire recognises that employees and business units will increasingly use social media to interact with each other, with the Esperance community, and to promote the work of the Shire with external stakeholders.

Council and staff are committed to engaging effectively with our community in a meaningful, accountable, responsive and equitable way. Therefore all communication tools need to be used effectively to ensure positive and consistent engagement with the Esperance community. Social media is a fast and responsive tool that can update the broader community on all Shire activities. Used in conjunction with print media and radio, social media can expand the communication channels utilised and deliver messages in a fast and efficient manner. As this policy will instruct staff how to use Social Media, external consultation is not necessary.

Consultation

Internal: Chief Executive Officer

Directors

Leadership Group

Shire of Broome

City of Mandurah

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are adherence to the:

State Records Act

Policy Implications

The policy implications arising from this report are adherence to:

1. Shire of Esperance Strategic Community Plan 2012-2022

2. Shire of Esperance Corporate Business Plan 2013-2017

3. Shire of Esperance Code of Conduct (under development)

Strategic Implications

Strategic Community Plan 2012-2022

3.4 Create and Strengthen partnerships to advocate for and deliver community facilities and services and major infrastructure

4.3 Ensure open and consistent communication between the Shire and the community.

4.4 Actively engage with the community to inform decision making and improve conversations within the community.

4.6 Employees actively contribute to improved operational delivery and ensure excellent customer service

Environmental Considerations

Nil

Attachments

a View.

Shire of Esperance Social Media Strategy

Officer’s Recommendation

That Council adopt the Social Media Strategy (as attached).

Voting Requirement Simple Majority

Shire of Esperance

Social Media Strategy

Contents

1. Background 3

2. Purpose 3

3. Social Media Activities 4

4. Definitions 4

5. Code of Conduct 5

6. Risks 8

7. Allocating Resources 9

8. Feedback Response Plan 10

9. Record Keeping and Archiving 12

10. Appendix A: Proposed Subject Material 13

11. Appendix B: Social Media Formats 14

Background

The expectation of our community today is that not only will they be engaged, but they will directly influence and have control over what happens.

Over the past 10 years social media has changed the way people communicate with each other, and interact with governments. Research conducted by Sensis1 in 2012 shows that 62% of Australians who access the internet have a social media presence. The steady growth of social media and the ever changing list of tools in the social media toolbox offer both opportunities and challenges for local government.

The Shire is committed to engaging effectively with our community in a meaningful, accountable, responsive and equitable way. The Shire needs to utilise all communication tools effectively to ensure positive and consistent engagement with the Esperance community. Social media is a fast and responsive tool that can update the community on Shire activities. Used in conjunction with print media and radio, social media can broaden the communication channels utilised.

Purpose

This strategy is designed to manage social media use in the Shire of Esperance. The Shire recognises that employees and business units will increasingly use social media to interact with each other, with the Esperance community, and to promote the work of the Shire with external stakeholders.

These guidelines are intended to provide a safe framework for online participation by Shire of Esperance employees. They apply to all employees who use social media for official purposes. They are intended to cover future social networking services as they develop. These guidelines will be regularly reviewed to reflect changing technology.

Social media is a communication tool that will enable the Shire to work towards achieving a civic leadership goal identified in the Shire of Esperance Strategic Community Plan 2012-2022.

A Council that proactively engages with all elements of its community in order to make decisions that reflect positively on the future of Esperance.

The use of social media will assist in the ability of both Council and Shire to actively engage with the community, thereby achieving the outcomes desired by the broader Esperance community.

Strategy 4.3 Ensure open and consistent communication between the Shire and the community

Strategy 4.4 Actively engage with the community to inform decision making and improve conversations within the community.

Strategy 4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire

Social Media Activities

Social Media activities are used to achieve the following:

· Engage with the Community

· Disseminate Information

· Raise awareness of services

· Network with peers – working locally, nationally and globally.

· Develop Policy - using this global network to research and implement new initiatives, consulting with public, private, and government experts.

· Collaborate to achieve any of the above aims. The Shire can add to discussions that are industry related but not specific to the Shire.

· Improve customer service

· Join conversations providing positive and constructive input.

These activities support the goal of Council proactively engaging with all elements of its community in order to make decisions that reflect positively on the future of Esperance.

Definitions

Social media

Social media is the term used for internet-based tools for sharing and discussing information among people. It refers to user-generated information, opinion and other content shared over open digital networks.

Social media may include:

· social networking sites (for example Facebook, Myspace, LinkedIn,)

· video and photo sharing websites (for example Flickr, Youtube)

· blogs, including corporate blogs, media outlets and personal blogs

· micro-blogging (for example Twitter)

· wikis and online collaborations (for example Wikipedia)

· forums, discussion boards and groups (for example Google groups, Whirlpool)

· instant messaging (for example SMS)

· geo-spatial tagging.

Social media also includes all other emerging electronic/digital communication applications.

Code of Conduct

Content of Posts and Comments:

Becoming authorised to comment

· Before engaging in social media as a representative of the Shire, employees must become authorised to comment.

· Employees may not comment unless authorised to be a spokesperson of the Shire.

· To be authorised to comment or be an authorised spokesperson, employees must have the explicit written approval of the Chief Executive Officer.

All employees who are authorised to use social media as an official communication tool need to familiarise themselves with these key principles for its use.

All Shire related communication through social media outlets should remain professional in nature and should always be conducted in accordance with the Shire’s media policy, practices and expectations.

· You are expected to maintain the same high standards of professional conduct and behaviour online as would be expected elsewhere.

· It is never acceptable to engage in harassment, bullying, illegal or otherwise inappropriate activity, whether you use an official or private social media account.

· What you disseminate using social media can ultimately have consequences for you and failure to abide by the relevant policies and standards may lead to disciplinary action.

· Where you are authorised to speak in an official capacity, represent the Shire professionally and be sure that what you publish is consistent with relevant policies, standards and behaviours.

· You should not disclose information, make commitments or engage in activities on behalf of the Shire online unless you are authorised to do so.

· You will need permission from your Director or CEO before posting anything online which could be interpreted as an official statement or commitment to some course of action from the Shire.

Be transparent and identify yourself when discussing Shire of Esperance-related topics

· Identify that you are a Shire employee, if you are publishing content in an official capacity as part of your work.

· You can only use a Shire account if you are authorised to do so and it is part of your duties.

· As an identified Shire employee, your comments should be apolitical, impartial and professional.

· When commenting on Shire topics on a personal account be sure to make it clear that your views are your own.

· Always use your judgement when making private comments, particularly to ensure these comments cannot be misconstrued as official commentary.

Consider what you say, before you say it

· If you’re uncertain about something, don’t publish!

· Make sure information is correct before you post and seek advice if in doubt - our professional credibility is inextricably linked to your online comments.

· If you are responding to a question that falls outside your area of expertise, seek advice from the appropriate area.

Use your discretion

· Never publish information that should not be made public – always seek permission to publish content that isn’t already in the public domain.

· Unless you are authorised, avoid discussion of industrial or legal issues, and refer these to the relevant areas if asked to comment specifically.

· Always seek advice if you are in doubt about whether information can be made public.

Personal use of social media

This policy does not discourage nor unduly limit employees using social media for personal expression or other on-line activities in their personal life.

Employees should be aware of and understand the potential risks and damage to the Shire that can occur, either directly or indirectly from their personal use of social media and should comply with this policy to ensure that the risk is minimised.

Employees are personally responsible for content published in their personal capacity on any form of social media platform. All employees should be aware of their responsibilities when mixing work and personal lives:

· It is acceptable to use a personal account to comment on matters unrelated to work provided it does not interfere with your Shire duties.

· Do not publish personal opinions on official Shire social media accounts.

· Remember that your role within the Shire of Esperance creates an association between what you say online and the Shire itself.

· Do not list or cross-promote personal accounts on Shire accounts unless authorised.

· Expressly state that stated views are personal and are not representative of the Shire.

· Only disclose and discuss publicly available information.

· Adhere to terms of use for using social media platforms and adhere to legislation.

When accessing social media via the Shire’s Internet, employees must do so in accordance with the Shire’s Procedures and Practices on Internet Usage. Personal usage of the Internet may only be undertaken if it is of incidental nature and infrequent and irregular in occurrence. Employees are advised that it is not acceptable for staff to spend significant amounts of time using social media during work hours, for example staff should not be updating their Facebook status whilst they are working, and in particular, not discussing Shire business.

This usage may be withdrawn if continued breaches of these guidelines are established.

Employees should not use the Shire’s Internet and computer resources to provide comments to journalists, politicians and lobby groups other than as authorised in the course of their official duties

Risks

Compared to other communications methods, social media can have a higher level of risk in some areas, and lower risks in other areas. The Shire needs to be aware of the unique social media risk, and manage accordingly.

The public nature of social media increases the visibility of any inappropriate staff conduct. Social media does not present any unique challenges to staff conduct as staff are made aware of the Shire Code of Conduct requirements and these must be applied to all forms of media. That which would be inappropriate conduct on television, in a newspaper, or in an open letter is equally inappropriate for social media activity in the ‘private’ life of staff which is publicly visible. Staff must be aware that most social media activity is publicly accessible.

Risks to consider:

· Misrepresentation and misinterpretation - information and views can be spread very quickly and widely through online media and can easily be subject to misinterpretation and misrepresentation.

· Lack of control – once online material is made public there is little control or influence over how it might be used or modified or integrated (‘mashed’).

· Resourcing – establishing, contributing to and moderating social media sites takes expertise, time and resources.

· Privacy – there is no guarantee that privacy can be protected. Users should not publish or report on conversations or information that is deemed confidential or classified or deals with matters that are internal in nature.

· Security – high traffic sites/accounts may pose a greater risk for ‘malware’ or ‘spyware’.

· Time wasting – employees may use social media in a way that interferes with their duties.

· Bandwidth – some social media requires higher levels of bandwidth.

· Accessibility – some sites may be blocked or may not provide content in accessible formats.

· Legal Liability – material could be posted that is offensive, defamatory, threatening, discriminatory, slanderous or is unlawful in some way that could result in Legal action.

.Allocating Resources

While social media software can be relatively inexpensive, the staff that create the content and monitor interactions are the most important aspect of social media. Appropriate resourcing is an essential consideration. When making a request to develop a new Shire Social Media site an application needs to be made, (Social Media Application Form) for submission to the Executive Management Team. All social media sites need to be mindful and complimentary of existing sites and link to a strategy within our Strategic Community Plan. The Chief Executive Officer and Executive Management Team must approve the development of any Social Media sites and sign off on personnel authorised to comment.

Additionally all Social Media Sites must be in line with the Shire’s Branding and Corporate Identity Guidelines. The Media and Communications Officer must be informed and included with regards to all Social Media being used as a communication tool by the Shire of Esperance.

There are a few important considerations when allocating resources to a social media project.

Consider all staff involved

Initial Costs

This could potentially involve several different teams within the Shire, including communications, management, policy and IT. There will be a resourcing requirement to:

· create and manage the social media plan

· update the communications plan

· create internal policies and other supporting documentation

· establish and update IT infrastructure

Ongoing Costs

The ongoing staffing costs are also substantial, including those who:

· write and review content prior to it being published. There are likely to be a number of staff involved, as with any publication

· respond to feedback from users

· research upcoming content

· monitor the project’s social media presence and KPIs, and

· provide IT support.

Once resourcing requirements are determined, it is recommended to formally incorporate social media duties and responsibilities into relevant staff roles.

A key consideration is that social media is active 24 hours a day, 7 days a week. If the social media project is public facing, is it important that there is a plan for monitoring interactions outside business hours. It may be necessary to incorporate this into job descriptions should additional time be required.

Feedback Response

Having a feedback response plan in place prior to implementing social media ensures that consistency of message and tone and timeliness of responses can be aligned with broader communications strategies. All responses to Social Media should occur within 24 hours , if further research is required then acknowledge this whilst sourcing the correct response. Not all social media comments require responses, responsible staff will need to determine whether a response is required on a case by case basis.

There are a number of aspects to responding:

· moderation

· dealing with negative feedback

· inappropriate comments by staff, and

· monitoring outside sources.

Moderation

Moderation is the process of removing inappropriate content from any Shire social media site. It is important to note that moderation is not a form of censorship and constructive criticism should not be blocked or removed. It is very important for users to feel confident that their constructive feedback is going to be displayed and incorporated into the discussion.

It is necessary to understand the range of moderation allowed by a chosen social media tool, and decide on the appropriate action. Alternatively, if the tool allows full control of moderation, decide whether it is appropriate to institute strong moderation (posts need prior approval), or weaker moderation (negative posts are retrospectively removed).

Please note that any information removed will still need to be recorded as per the State Records Act.

Dealing with negative feedback

The Shire should respond to customer comments in social media channels in a similar manner to which they would respond to comments in person, by phone, email, fax or other channels. Choosing to allow comments from the public in any form necessitates a plan on how to deal with these comments. Shire opinion is to drive any responses to comments made on Social Media sites.

Rather than responding ad hoc or with silence, a plan should be formulated before the need arises. In this way the messages and tone of the responses can be aligned with broader communications strategies.

The first step is to identify the type of negative feedback:

· Legitimate problems

· Constructive criticism

· ‘Trolling’^{^[1]} or ‘spam’^{^[2]}

Decide how to React

After determining which type of feedback has been received, the next step is to determine the type of response necessary.

The primary rule when responding to all criticism, even the negative type, is to stay positive. Negativity could allow the Shire to be drawn into a fight with a community member or user, and will only reflect poorly on the Shire. This is most often due to the importance of social media being underestimated, and it being monitored by someone inappropriately trained and unaware of the damage inappropriate responses can cause.

Decide how to handle

The handling of complaints or feedback must be treated the same as through any other medium. It should be incorporated into existing complaints mechanisms. All responses are to be written from a Shire standpoint, no personal opinions are to be given. Ensure the CEO and relevant Director are informed of negative comments and provided with the opportunity to determine the response required.

Negative comments made by staff

As discussed previously, many of the risks negative comments pose are actually due to the fault of responses being handled poorly. Appropriate training is necessary to align social media with normal complaints procedures, and the authority for staff to assume official persona should be strictly controlled. That said, the potential for negative comments should be a consideration during the risk assessment process. Staff involved in defamatory or inappropriate comments on Shire Social Media websites will face disciplinary action.

Monitoring outside sources

Social media conversations cannot be constrained to convenient areas. Even without a Facebook presence, for example, there could be comments concerning the Shire. While it is not recommended to spread resources thinly and respond to comments from all sources, it is recommended that the Shire monitor the sentiments. The Shire will only respond to comments which occur on Social Media Sources that the Shire initiated. It is not recommended to respond on related fan pages, this can become unstable and the ability to mitigate the risk level is seriously hampered.

Recordkeeping and Archiving

WA Government Recordkeeping and Archiving requirements apply to social media as any other form of electronic record.

The State Records Act (the Act) requires that all WA Government entities implement appropriate record keeping and archiving methodologies for all types of communication. For the purposes of the Act, social media is considered a communications methodology.

Please note that any information removed through the moderation process will still need to be recorded as per the State Records Act.

Appendix A

Proposed Subject Material

Examples of subjects that can be covered through Social Media on behalf of the Shire:

· OCM Minutes - Brief version – links to web site

· Recognition of locals who have achieved either locally or externally

· Engineering updates - rubbish truck breakdowns, road closure, jetty closure

· Shire events - Christmas pageant,

· Community Engagement - when, where, why

· Invites for discussion - what's your opinion?

· Shire Media Releases - links to website

· External Media Releases that mention Esperance

· Advertise the Community Development Fund

· Local community not for profit events

· Promote partnership events - ECCI GEDC SBC

· Promote Esperance not for profit events that are for the community

· Planning Amendments (very brief - link to website)

· Community messages - harvest bans, fire restrictions, breast cancer van,

· Ranger notices - Dog rego's, cat laws

· Civic centre functions

· Library events

· BOILC special events

Appendix B

Social Media Formats

Facebook

Facebook is a very popular form of social media, and the platform that most people are familiar with and on which most people have an account. It is a very visual website, so is a good place to share photos, and provides good interaction opportunities with other users.

The Shire of Esperance Facebook account will be the main Shire account and will feature any media releases, community messages and news updates. These updates would include information on issues such as road or jetty closures, status of current projects, Community Development Fund information and similar topics. It will also feature any events that the Shire is hosting or sponsoring. This site is likely to attract the more contentious comments or complaints. The page can also be used to advertise positions vacant.

The Esperance SuperTowns page will be used to promote media releases and news updates in regards to the projects specifically related to the SuperTowns initiative and other Royalties for Regions projects occurring in Esperance. This page will complement the main Shire page however it will not cover the broader shire projects or events.

Existing Shire of Esperance presence on Facebook

Bay of Isles Leisure Centre use Facebook to promote activities available at the centre and for additional recreation and youth activities the Shire is involved in. This form of communication quickly updates users of the centre about changes to programs or services and can be utilised to discuss issues, upcoming forums, sporting and recreational trends and is a conduit for the Club Development Officer newsletters which keeps users up to date with sporting club activities.

The Esperance Visitor Centre is both an informative and promotional site for visitors, tourism providers and community members. Local events are promoted and tourism sites identified, with links to alternative pages should further information be required. These linkages are a simple way to transfer information from one shire site to another ensuring a wider audience is reached.

Esperance Volunteer Resource Centre use Facebook to highlight volunteering opportunities in the town, recognise local volunteers (individuals and groups) and promote training workshops.

The Esperance Public Library account is for all library activities and promotion of events such as storytime, e-learning workshops, school holiday activities and reviews on books. It provides an opportunity for users to open discussions on books read and ask for recommendations.

The Civic Centre Facebook site promotes the acts coming to Esperance and provides links to further details if readers are interested. It provides users with an easy to access forum to discuss acts just seen or make requests on acts they would like to see in Esperance.

The established Shire of Esperance presence on Facebook is through a number of existing separate accounts:

Name of Facebook site	Number of Likes 13/12/2012
Esperance SuperTowns	208
Bay of Isles Leisure Centre Esperance	334
Esperance Visitor Centre	149
Esperance Volunteer Resource Centre	59
Esperance Public Library	547
Esperance Civic Centre	147

The webmasters of the established Shire of Esperance Facebook accounts will continue to be permitted to publish information on Facebook but will be requested to only feature news related to their department.

Twitter

Twitter is a social networking and microblogging site that enables users to send and read messages of up to 140 characters, known as "tweets". Twitter is one of the ten most visited websites on the Internet and has been described as “the SMS of the Internet”. This form of Social Media can send short precise messages to users quickly and efficiently. Tweets are publicly visible by default, but senders can restrict message delivery to just their followers. It is also possible to share images on Twitter but Facebook is a better platform for this.

The Shire could use Twitter as a general newsfeed, but is most valuable for the speedy dispersal of information it offers. Due to the concise nature of ‘tweets’, Twitter is especially useful in sharing information quickly in emergency situations.

LinkedIn

LinkedIn is a professional networking site that allows users to stay connected to work contacts. Connections are generally made with people in similar industries who can offer industry advice or share knowledge. Users can upload their resume or design their own profile in order to showcase work and community experiences. LinkedIn also supports interest groups offering a discussion forum for targeted professional issues. Groups can keep members informed through emails with updates to the group, including the most talked about discussions,

Shire employees can use the site for professional networking. It can also be used to promote positions available within the Shire.

Ordinary Council: Agenda

23 April 2013 Page 79

Shire of Esperance

Code of Conduct

PREAMBLE

The Code of Conduct provides Elected Members, Committee Members and staff of the Shire of Esperance with consistent guidelines for an acceptable standard of professional conduct. The Code addresses in a concise manner the broader issue of ethical responsibility and encourages greater transparency and accountability in individual Local Governments.

The Code is complementary to the principles adopted in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations 2007 which incorporates four fundamental aims:-

(a) Better decision-making by local governments;

(b) Greater community participation in the decisions and affairs of local governments;

(d) More efficient and effective local government.

The Code provides a guide and a basis of expectations for Elected Members, Committee Members and staff. It encourages a commitment to ethical and professional behaviour and encourages greater transparency and accountability within the Shire of Esperance.

Statutory environment

The Model Code of Conduct observes statutory requirements of the Local Government Act 1995 (S 5.103 – Codes of Conduct) and Local Government (Administration) Regulations 1996 (Regs 34B and 34C).

RULES OF CONDUCT

Elected Members acknowledge their activities, behaviour and statutory compliance obligations may be scrutinised in accordance with prescribed rules of conduct as described in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations 2007.

1. ROLES

1.1 Role of Council

The Role of the Council is in accordance with S 2.7 of the Local Government Act 1995 :

“(1) the council —

(a) Directs and controls the local government’s affairs; and

(b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the council is to —

(a) Oversee the allocation of the local government’s finances and resources; and

(b) Determine the local government’s policies.”

1.2 Role of Elected Members

The primary role of an Elected Member is to represent the community, with their focus to effectively translate the communities needs and aspirations, to provide direction for the Local Government.

The Role of Elected Members as set out in S 2.10 of the Local Government Act 1995 follows :

“A Councillor —

(a) Represents the interests of electors, ratepayers and residents of the district;

(b) provides leadership and guidance to the community in the district;

(c) facilitates communication between the community and the council;

(d) Participates in the local government’s decision-making processes at council and committee meetings; and

(e) Performs such other functions as are given to a Councillor by this Act or any other written law.”

A Elected Member is part of the team in which the community has placed its trust to make decisions on its behalf and the community is therefore entitled to expect high standards of conduct from its elected representatives. In fulfilling the various roles, Elected Members activities will focus on:

· achieving a balance in the diversity of community views to develop an overall strategy for the future of the community;

· achieving sound financial management and accountability in relation to the Local Government’s finances;

· ensuring that appropriate mechanisms are in place to deal with the prompt handling of residents’ concerns;

· working with other governments and organisations to achieve benefits for the community at both a local and regional level;

· Having an awareness of the statutory obligations imposed on Elected Members and on Local Governments.

In carrying out its functions a local government is to use its best endeavours to meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity.

1.3 Role of Staff

The role of staff is determined by the functions of the CEO as set out in S 5.41 of the Local Government Act 1995 : -

“The CEO’s functions are to —

(a) advise the council in relation to the functions of a local government under this Act and other written laws;

(b) ensure that advice and information is available to the council so that informed decisions can be made;

(c) cause council decisions to be implemented;

(d) manage the day to day operations of the local government;

(e) liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions;

(f) speak on behalf of the local government if the mayor or president agrees;

(g) be responsible for the employment, management supervision, direction and dismissal of other employees (subject to S 5.37(2) in relation to senior employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.”

For clarity, all volunteers registered to the Shire of Esperance will have the same expectations and obligations as employees and/or staff as detailed in this Code of Conduct.

1.4 Relationships between Elected Members and Staff

An effective Councillor will work as part of the Council team with the Chief Executive Officer and other members of staff. That teamwork will only occur if Elected Members and staff have a mutual respect and co-operate with each other to achieve the Council’s corporate goals and implement the Council’s strategies. To achieve this Elected Members and staff need to observe their statutory and professional obligations which include, but are not limited to, the following :

Councillors

· accept that their role is a leadership, not a management or administrative one;

· acknowledge that they have no capacity to individually direct members of staff to carry out particular functions;

· refrain from publicly criticising staff in a way that casts aspersions on their professional competence and credibility

Staff

· respect the role and position of Councillors and implement to their best ability the decisions of Council;

· acknowledge that individual Councillors have no capacity to direct staff or become involved in day to day operations of the Shire of Esperance;

· will not actively involve Councillors in any work instruction, direction, conflict, dispute or issue arising from their employment with the Shire of Esperance;

· refrain from publicly criticising Council decisions and/or individual Councillors in public forums or in situations where their personal views could be reasonably be misinterpreted as the views of the Shire’s Management and/or Administration.

2. CONFLICT AND DISCLOSURE OF INTEREST

2.1 Conflict of Interest

Elected Members, Committee Members and staff will ensure that there is no actual (or perceived) conflict of interest between their personal interests and the impartial fulfilment of their professional duties.

Staff will not engage in private work with or for any person or body with an interest in a proposed or current contract with the Local Government, without first making disclosure to the Chief Executive Officer. In this respect, it does not matter whether advantage is in fact obtained, as any appearance that private dealings could conflict with performance of duties must be scrupulously avoided.

Elected Members, Committee Members and staff will lodge written notice with the Chief Executive Officer describing an intention to undertake a dealing in land within the local government area or which may otherwise be in conflict with the Council's functions (other than purchasing the principal place of residence).

Elected Members, Committee Members and staff who exercise a recruitment or other discretionary function will make disclosure before dealing with relatives or close friends and will disqualify themselves from dealing with those persons.

Staff will refrain from partisan political activities which could cast doubt on their neutrality and impartiality in acting in their professional capacity. An individual’s rights to maintain their own political convictions are not impinged upon by this clause. It is recognised that such convictions cannot be a basis for discrimination and this is supported by anti- discriminatory legislation.

2.2 Financial Interest

Elected Members, Committee Members and staff will adopt the principles of disclosure of financial interest as contained within the Local Government Act 1995.

2.3 Disclosure of Interest

Definition :

In this clause, and in accordance with Regulation 34C of the Local Government (Administration) Regulations 1996 -

“interest” means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.

(a) A person who is an employee and who has an interest in any matter to be discussed at a council or committee meeting attended by the person is required to disclose the nature of the interest -

(i) in a written notice given to the CEO before the meeting; or

(ii) at the meeting immediately before the matter is discussed.

(b) A person who is an employee and who has given, or will give, advice in respect of any matter to be discussed at a council or committee meeting not attended by the person is required to disclose the nature of any interest the person has in the matter -

(i) in a written notice given to the CEO before the meeting; or

(ii) at the time the advice is given.

(c) A requirement described under items (a) and (b) exclude an interest referred to in S 5.60 of the Local Government Act 1995.

(d) A person is excused from a requirement made under items (a) or (b) to disclose the nature of an interest if-

(i) the person's failure to disclose occurs because the person did not know he or she

had an interest in the matter; or

(ii) the person's failure to disclose occurs because the person did not know the matter in

which he or she had an interest would be discussed at the meeting and the person

discloses the nature of the interest as soon as possible after becoming aware of the

discussion of a matter of that kind.

(e) If a person who is an employee makes a disclosure in a written notice given to the CEO before a meeting to comply with requirements of items (a) or (b), then -

(i) before the meeting the CEO is to cause the notice to be given to the person who is to

preside at the meeting; and

(ii) immediately before a matter to which the disclosure relates is discussed at the

meeting the person presiding is to bring the notice and its contents to the attention of

the persons present.

(f) If -

(i) to comply with a requirement made under item (a), the nature of a

person's interest in a matter is disclosed at a meeting; or

(ii) a disclosure is made as described in item (d)(ii) at a meeting; or

(iii) to comply with a requirement made under item (e)(ii), a notice disclosing

the nature of a person's interest in a matter is brought to the attention of the persons

present at a meeting,

the nature of the interest is to be recorded in the minutes of the meeting.

2.4 Independent Legal advice to be sought if in doubt

If an Elected Member is in doubt whether a conflict of interest exists, they should seek independent legal or other appropriate advice, including but not limited from the Department of Local Government or the Western Australian Local Government Association (WALGA).

3. PERSONAL BENEFIT

3.1 Use of Confidential Information

Elected Members, Committee Members and staff will not use confidential information to gain improper advantage for themselves or for any other person or body, in ways which are inconsistent with their obligation to act impartially and in good faith, or to improperly cause harm or detriment to any person or organisation.

3.2 Intellectual Property

The title to Intellectual Property in all duties relating to contracts of employment will be assigned to the Local Government upon its creation unless otherwise agreed by separate contract.

3.3 Improper or Undue Influence

Elected Members and staff will not take advantage of their position to improperly influence other Elected Members or staff in the performance of their duties or functions, in order to gain undue or improper (direct or indirect) advantage or gain for themselves or for any other person or body.

3.4 Gifts

Definitions :

In this clause, and in accordance with Regulation 34B of the Local Government (Administration) Regulations 1996 -

“activity involving a local government discretion” means an activity -

(a) that cannot be undertaken without an authorisation from the local government; or

(b) by way of a commercial dealing with the local government;

“gift” has the meaning given to that term in S 5.82(4) except that it does not include -

(a) a gift from a relative as defined in S 5.74(1); or

(b) a gift that must be disclosed under Regulation 30B of the Local Government

(Elections) Regulations 1997; or

(c) a gift from a statutory authority, government instrumentality or non-profit

association for professional training;

“notifiable gift”, in relation to a person who is an employee, means -

(a) a gift worth between $50 and $300; or

(b) a gift that is one of 2 or more gifts given to the employee by the same person within

a period of 6 months that are in total worth between $50 and $300;

“prohibited gift”, in relation to a person who is an employee, means -

(a) a gift worth $300 or more; or

(b) a gift that is one of 2 or more gifts given to the employee by the same person within

a period of 6 months that are in total worth $300 or more.

A person who is an employee is to refrain from accepting a prohibited gift from a person who -

a) is undertaking or seeking to undertake an activity involving a local government discretion; or

b) it is reasonable to believe is intending to undertake an activity involving a local government discretion.

A person who is an employee and who accepts a notifiable gift from a person who -

a) is undertaking or seeking to undertake an activity involving a local government discretion; or

b) it is reasonable to believe is intending to undertake an activity involving a local government discretion,

notify the CEO, in accordance with item (c) and within 10 days of accepting the gift, of the acceptance.

The notification of the acceptance of a notifiable gift must be in writing and include -

a) the name of the person who gave the gift; and

b) the date on which the gift was accepted; and

c) a description, and the estimated value, of the gift; and

d) the nature of the relationship between the person who is an employee and the

e) person who gave the gift; and

f) if the gift is a notifiable gift under paragraph (b) of the definition of “notifiable gift”

g) (whether or not it is also a notifiable gift under paragraph (a) of that definition) –

(1) a description; and

(2) the estimated value; and

(3) the date of acceptance,

h) of each other gift accepted within the 6 month period.

The CEO is to maintain a register of notifiable gifts and record in it details of notifications given to comply with a requirement made under item (c).

This clause does not apply to gifts received from a relative (as defined in S 5.74(1) of the Local Government Act) or an electoral gift (to which other disclosure provisions apply).

This clause does not prevent the acceptance of a gift on behalf of the local government in the course of performing professional or ceremonial duties in circumstances where the gift is presented in whole to the CEO, entered into the Register of Notifiable Gifts and used or retained exclusively for the benefit of the local government.

3.5 Personal dealings with Council

Elected Members and staff will inevitably deal personally with their council (for example, as a ratepayer, recipient of a council service or applicant for a consent granted by council). They must not expect or request preferential treatment for themselves or their family because of their position. They must avoid any action that could lead members of the public to believe that they are seeking preferential treatment.

4. BEHAVIOUR OF ELECTED MEMBERS, COMMITTEE MEMBERS AND STAFF

4.1 Personal Behaviour

Elected Members, Committee Members and staff will:

a) act, and be seen to act, properly and in accordance with the requirements of the law and the terms of this Code;

b) perform their duties impartially and in the best interests of the Local Government uninfluenced by fear or favour;

c) act in good faith (i.e. honestly, for the proper purpose, and without exceeding their powers) in the interests of the Local Government and the community;

d) make no allegations which are improper or derogatory (unless true and in the public interest) and refrain from any form of conduct, in the performance of their official or professional duties, which may cause any reasonable person unwarranted offence or embarrassment; and

e) always act in accordance with their obligation of fidelity to the Local Government.

Elected Members will represent and promote the interests of the Local Government, while recognising their special duty to their own constituents.

4.2 Honesty and Integrity

Elected Members, Committee Members and staff will:

a) observe the highest standards of honesty and integrity, and avoid conduct which might suggest any departure from these standards;

b) bring to the notice of the Shire President any dishonesty or possible dishonesty on the part of any other member, and in the case of an employee to the Chief Executive Officer.

c) be frank and honest in their official dealing with each other.

4.3 Performance of Duties

While on duty, staff will give their whole time and attention to the Local Government's business and ensure that their work is carried out efficiently, economically and effectively, and that their standard of work reflects favourably both on them and on the Local Government.

Elected Members and Committee Members will at all times exercise reasonable care and diligence in the performance of their duties, being consistent in their decision making but treating all matters on individual merits. Elected Members and Committee Members will be informed about the functions of the Council, and treat all members of the community honestly and fairly.

4.4 Compliance with Lawful Orders

Elected Members, Committee Members and staff will comply with any lawful order given by any person having authority to make or give such an order, with any doubts as to the propriety of any such order being taken up with the superior of the person who gave the order and, if resolution can not be achieved, with the Chief Executive Officer.

Elected Members, Committee Members and staff will give effect to the lawful policies of the Local Government, whether or not they agree with or approve of them.

4.5 Administrative and Management Practices

Elected Members, Committee Members and staff will ensure compliance with proper and reasonable administrative practices and conduct, and professional and responsible management practices.

4.6 Corporate Obligations

Standard of Dress & Personal Presentation

Elected Members, Committee Members and staff are expected to comply with neat and responsible dress standards at all times. Accordingly :

a) Elected Members and Committee Members will dress in a manner appropriate to their position, in particular when attending meetings or representing the Local Government in an official capacity.

b) Management reserves the right to adopt policies relating to corporate dress and to raise the issue of dress and/or appearance with individual staff.

c) In considering what is an appropriate standard of dress or personal presentation, consideration will be made relating to:

a. Type of work to be performed;

b. Interaction with the public;

c. Occupation health and safety needs; and

d. Religious beliefs.

Communication and Public Relations

All aspects of communication by staff (including verbal, written or personal), involving Local Government's activities should reflect the status and objectives of that Local Government. Communications should be accurate, polite and professional.

As a representative of the community, Elected Members need to be not only responsive to community views, but to adequately communicate the attitudes and decisions of the Council. In doing so Elected Members should acknowledge that:

a) as a member of the Council there is respect for the decision making processes of the Council which are based on a decision of the majority of the Council;

b) information of a confidential nature ought not be communicated until it is no longer treated as confidential;

c) information relating to decisions of the Council on approvals, permits and so on ought only be communicated in an official capacity by a designated officer of the Council;

d) information concerning adopted policies, procedures and decisions of the Council is conveyed accurately.

Committee Members accept and acknowledge it is their responsibility to observe any direction the Local Government may adopt in terms of advancing and promoting the objectives of the Committee to which they have been appointed.

4.7 Appointments to Committees

As part of their representative role Elected Members are often asked to represent the Council on external organisations. It is important that Elected Members :

a) clearly understand the basis of their appointment;

b) provide regular reports to Council on the activities of the organisation; and

c) represent the views and decisions of Council.

4.8 Quasi Judical Roles

When acting in a Quasi Judicial role Elected Members and Staff:

a) must recognise that this is a decision making function and not an information gathering function, Elected Members and staff will make each decision based on the relevant information before them and other relevant decision makers.

b) will not gather information by liaising with applicants or opponents or conducting site visits, other than:

a. through an official site visit or briefing endorsed by the Chief Executive Officer or the Council; or

b. as part of their normal work duties.

If a Elected Member considers that they do not have enough information to make an informed decision then they are required to ask for any further information that they may require. Additional information will be provided subject to its availability and the organisation’s capability to provide the additional information.

4.9 Harassment and Discrimination

Elected Members, Committee Members and Officers shall not harass, discriminate against, or support others who harass and discriminate against colleagues or members of the public. This includes, but is not limited to harassment and discrimination, on the grounds of sex, pregnancy, age, race (including their colour, nationality, descent, ethnic or background), religion, political affiliation, marital status, disability, sexual preference or transgender.

4.10 Anonymous Communication

An Elected Member or staff will under no circumstances distribute anonymous correspondence received by them other than that they shall cause such correspondence (which includes any printed or electronic communication) to be given immediately to the Chief Executive Officer.

5. DEALING WITH COUNCIL PROPERTY

5.1 Use of Local Government Resources

Elected Members and staff will:

a) be scrupulously honest in their use of the Local Government's resources and shall not misuse them or permit their misuse (or the appearance of misuse) by any other person or body;

b) use the Local Government resources entrusted to them effectively and economically in the course of their duties; and

c) not use the Local Government's resources (including the services of Council staff) for private purposes (other than when supplied as part of a contract of employment), unless properly authorised to do so, and appropriate payments are made (as determined by the Chief Executive Officer).

d) Local Government Resources include, but not limited to, any physical, human, intellectual, electronic and promotional resource owned, leased, licenced, and/or contracted by the Shire of Esperance.

5.2 Travelling and Sustenance Expenses

Elected Members, Committee Members and staff will only claim or accept travelling and sustenance expenses arising out of travel-related matters which have a direct bearing on the services, policies or business of the Local Government in accordance with Local Government policy and the provisions of the Local Government Act.

5.3 Access to Information

Staff will ensure that Elected Members are given access to all information necessary for them to properly perform their functions and comply with their responsibilities.

Elected Members will ensure that information provided will be used properly and to assist in the process of making reasonable and informed decisions on matters before the Council.

6 REPORTING BREACHES AND MISCONDUCT

6.1 Reporting breaches of the code of conduct

An Elected Member, Committee Member or staff has an obligation to report suspected breaches of the code of conduct to the Chief Executive Officer, who will liaise with the Shire President, if the suspected breach involves an Elected Member. If a suspected breach of the code of conduct is reported to the Shire President, the Shire President has an obligation to refer this to the Chief Executive Officer for investigation. Elected Members should refrain from making allegations at open Council Meetings.

6.2 Investigation procedures – Officers’ conduct (excluding the Chief Executive Officer)

The Chief Executive Officer will investigate breaches of the code of conduct regarding Officers of Council and others engaged by the Council and will facilitate a report to the Council.

Each complaint will be dealt with quickly and fairly in accordance with the principles of procedural fairness.

6.3 Investigation procedures – Elected Member and Chief Executive Officer conduct

Where an Elected Member believes that the Chief Executive Officer or another Elected Member has failed to comply with the code, the Elected Member should report the matter to the Shire President, who will report the matter to the Council, if the Shire President believes the alleged breach warrants investigation.

Council is to create a Governance Committee of no less than three (3) members to investigate any alleged breach an Elected Member or the Chief Executive Officer.

The Governance Committee will be responsible for the investigation of allegations of breaches of the code of conduct by Elected Members and the Chief Executive Officer and must either:

a) investigate the alleged breach; or

b) engage an independent person to investigate the allegation.

An investigation conducted by the Chief Executive Officer, or the Council will follow the rules of procedural fairness. The investigator must:

a) inform the person/s against whose interests a decision may be made of any allegations against them and the substance of any adverse comment in respect of them

b) provide the person/s with a reasonable opportunity to put their case

c) hear all parties to a matter and consider submissions

d) make reasonable enquiries before making a decision

e) ensure that no person is involved in enquiries in which they have a direct interest

6.4 Misconduct

The Chief Executive Officer has a statutory obligation to report, to the Corruption and Crime Commission:

(a) any allegation of misconduct; or

(b) any situation that otherwise comes to his or her attention involving misconduct,

where the CEO considers on reasonable grounds that misconduct may have occurred.

Ordinary Council: Agenda

23 April 2013 Page 94

Item: 12.5.5

Local Government Elections

Author/s	Matthew Scott	Chief Executive Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F12/3956

Applicant

Shire of Esperance

Location/Address

Windich Street, Esperance

Executive Summary

For Council to consider how it intends to conduct the 2013 Local Government Election.

Recommendation in Brief

That Council appoint the Western Australian Electoral Commission (WAEC) to hold a Postal Election for the Shire of Esperance on the 19^th October 2013.

Background

As per the Local Government Act 1995, all local Governments in Western Australia, on the 19 October 2013 (Election Day), will hold an election of some form to elect members to their respective Councils. At the Shire of Esperance, there are will be a minimum of four (4) vacancies to be filled, being:

1) Cr Walker (Rural Ward);

2) Cr Rodgers (Town Ward);

3) Cr Stewart (Town Ward); and

4) Cr Griffiths (Town Ward).

As per part 4, Local Government Act 1995, each Local Government needs to make certain decisions, at least 80 days prior to election day, on who will conduct the election (Returning Officer) and how the Election will be conducted (in-person or postal).

Under Section 4.20, the Chief Executive Officer of the Local Authority is, by default the returning officer, unless the Local Government appoints another person, subject to the approval of the Electoral Commissioner (S4.20(2)). The Returning Officer’s role is to effectively manage the entire election process, and ensure compliance with the Local Government Electoral process and procedures.

The other decision that needs to be resolved is the method of election. Under section 4.61, Council was two options, being In-person (default) or postal. For a Postal Election to be held, the Electoral Commissioner must be made responsible for conduct of the election (4.61(4)). At the previous Local Government election in 2011, the Shire held a postal election, resulting in a 44.88% (50.48% Rural Ward & 42.21% Town Ward) turnout. The last in-person election held in Esperance was in 2005, resulted in a 13.5% turnout of eligible voters.

On the 13 September 2012, the Electoral Commission wrote to the Shire of Esperance and provided a quote of $32,000 (GST Inc) to run a postal election in October 2013 (Attached). With the recent State Government Elections now completed, Council needs to respond to the request from the Electoral Commissioner, so preparations for Election Day can commence.

Officer’s Comment

The Bi-annual (every two years) Local Government Election process is the most direct method residents and ratepayers have in determining the future and direction of their respective Local Governments, by electing their representatives to Council. Generally, every two years, half of the Council seats become vacant, however at the last election (2011) due to a reduction in the overall number of seats, all Council seats where vacated, resulting in an entire spill of Council.

In responding to the Electoral Commissioners request, Council needs to decide who and how the election will be managed. Under the Local Government Act, the default position is to hold an in-person election, managed by the Chief Executive Officer. Should Council wish to have a Postal Election, then it must also appoint the Electoral Commissioner to manage the election. If the Electoral Commissioner is appointed, he will subsequently appoint an independent Returning Officer for the Shire of Esperance.

In determining which option to adopt, Council should consider the following points regarding each alternative:

In-Person Election & CEO Returning Officer:

· Lower direct costs, however indirect costs are difficult to estimate or capture;

· Consistent with Federal and State Government Election process;

· Greater “Local Feel” to election process;

· Generally a lower Voter turnout (13.5% turnout in 2005);

· Potential conflict of interest between Shire Administration and Candidates (potential to politicise the Administration)

Postal Election & Independent Returning Officer:

· Generally a greater Voter turnout (44.8% turnout in 2011);

· High direct costs (very few indirect costs);

· Separation of the Shire Administration and Election process, especially if there are conflicts with Candidates;

· WAEC specialises in managing Elections, resulting fewer expected compliance issues;

· Possible perception of election being impersonal and lack of focus on actual election day;

· Inconsistent with Federal and State Government election process (ie In-Person voting).

Given the potential for higher elector turnouts and ability to more accurately estimate the cost of election it is recommended that the October 2013 Election be a Postal Election managed by the Electoral Commissioner.

Even though the Electoral Commissioner (and their appointed Returning Officer) will manage the election, it does not prevent the Shire assisting in the electoral process, especially in the early stages. The Administration will need to work with the Returning Officer on matters such as electoral advertising and does plan to hold the following forums with the community to help promote the Local Government Elections:

· “Want to Nominate for Council” Workshop (Public);

· Ballot Allocation (Public, Candidates, Councillors)

· “Candidates Information” Session (Candidates & Councillors)

· Meet the Candidates (Public & Candidates)

· Election Day & Count

Consultation

Western Australian Electoral Commission (WAEC)

Financial Implications

The financial implications arising from this report are if Council resolve the Officers recommendation, then it will need to budget the estimate cost quoted by the WAEC, $29,000 + possibly another $5,000 for incidentals, totalling $34,000 in the 2013/14 Annual Budget. Should Council decide to run a in-person election, then potentially a lower budget of $15,000 - $20,000 (no mailing costs etc) will need to be provided, however as previously stated it will be difficult to capture all indirect costs (staffing) associated with running an Election.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Part 4 – Elections and Other Polls

Local Government (Election) Regulations 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Theme 4: Civic Leadership

Strategy: 4.1 Ensure Councillors are representative of the community and provide strong and visionary leadership

Environmental Considerations

Nil

Attachments

a View.

Local Government Ordinary Elections 2013

Officer’s Recommendation

That Council:

1) Declare in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2013 ordinary Election together with any other elections or polls which may be required; and

2) Resolve, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the 2013 Local Government Election will be a postal election.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 April 2013 Page 103

SHIRE OF ESPERANCE

MINUTES

Flinders Stage 2 & Shark Lake Sales and Marketing Committee Meeting HELD IN Council Chambers Meeting Room ON
26 February 2013

COMMENCING AT 2.00pm

1. OFFICIAL OPENING

The Presiding Member declared the meeting opened at 2.00pm.

2. ATTENDANCE

Members

Cr B L Stewart, JP Town Ward

Cr N Bowman Rural Ward

Cr L McIntyre Town Ward

Mr WM (Matthew) Scott Chief Executive Officer

Shire Officers

Mr G Harris Director Engineering Services

Mr R Hindley Director Development Services

Mr S Burge Director Corporate Services

Mr T Ayers Manager Economic & Business Development

Ms P Davis Coordinator Corporate Reporting

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. DECLARATION OF MEMBERS INTERESTS

4.1 Declarations of Financial Interests – Local Government Act Section 5.60a

Nil

4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

Nil

4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Nil

5. CONFIRMATION OF MINUTES

Moved: Cr McIntyre

Seconded: Cr Bowman

FSL0213-001

That the Minutes of the Flinders Stage 2 & Shark Lake Sales and Marketing Committee Meeting of the 11 December 2012 be confirmed as a true and correct record.

CARRIED

F3 - A0

Voting Requirement: Simple majority

6. Matters Requiring a Determination of Council

6.1 Shark Lake Industrial Park - Development Incentives

Moved: Cr Bowman

Seconded: Cr McIntyre

FSL0213-002

Officer Recommendation

That Council support the use of development incentives to facilitate the sale/lease and development of Land within the Shark Lake Industrial Park.

Committee Recommendation:

That Council support the following development incentives to facilitate the sale and development of Land within the Shark Lake Industrial Park, being:

Lease with option to purchase; and Terms of Sale.

CARRIED

F3 - A0

Voting Requirement Simple Majority

6.2 Composite Residential/Industrial Lots

Moved: Cr Bowman

Seconded: Cr McIntyre

FSL0213-003

Committee Recommendation

That Council receives the report titled Composite Residential/Industrial Lots

CARRIED

F3 - A0

Voting Requirement Simple Majority

7. flinders sales information

Flinders Sales Information

Valid as at 18^th February 2013

Lots currently available for sale
Lot	Number	Listed Price
226-228	3	$170,000
214-216	3	$180,000
276-281	6	$185,000
284-289	6	$185,000
266-275	10	$180,000
257-258	2	$180,000
260	1	$180,000
204	1	$190,000
206-207	2	$190,000
TOTAL	34

Lots recently sold
Lot	Sale Amount	Signed Date	Settlement
201	$185,000	07/01/13	04/02/13
202	$180,000	16/10/12	13/12/12
203	$185,000	04/02/13	10/04/13
205	$180,000	08/01/13	28/02/13
211	$190,000	16/10/12	17/12/12
212	$190,000	16/10/12	05/12/12
213	$175,000	21/12/12	30/01/13
217	$170,000	24/08/12	24/08/12
220	$170,000	17/09/12	17/09/12
224	$170,000	23/08/12	23/08/12
225	$170,000	23/11/12	26/11/12
253	$175,000	21/12/12	08/02/13
254	$180,000	31/01/13	15/04/13
255	$175,000	07/02/13	26/04/13
256	$175,000	30/01/13	20/03/13
259	$170,000	31/01/13	28/03/13

8. action list

Flinders Stage 2/Shark Lake Sales Committee Action List

Current as at 28 February 2013

MEETING DATE	RECOMMEND-ATION NUMBERS	RECOMMENDATION	ACTION TAKEN	DATE COMPLETED	RESPONSIBLE OFFICER
04/04/11	5.1.2	Continue to market all unsold lots at Flinders Stage 2 and the Shark Lake Industrial Park via private treaty, in accordance with sections 3.58(3) and (4) of the Local Government Act 1995.	Advertising during Summer created some interest in lots as sales were high. Suggest further advertising in the Kal Miner prior to Easter	Ongoing	Priscilla Davies
04/04/11	5.3	That Council request the CEO commence business planning for the future development of land in the south-western corner of Flinders, and present a subsequent proposal to a future meeting of the Finders/Shark Lake sales sub-committee.	Deferred in the October meeting of the subcommittee to be dealt with in 2012. Committee have now indicated that preference will be to develop the area between Goldfields Road and the existing Flinders development. See recommendation 7.3.3	Ongoing
04/09/12	7.2.2	Request a report from officers on options for lease and/or sale and/or incentive options for Shark Lake Industrial Park	A report to be submitted to the committee in February, looking into incentive schemes like vendor terms, lease or rate relief, reduced fees etc	Closed	Richard Hindley
04/09/12	7.2.3	Request a report from officers on the potential for "Composite Lots" (allowing for Business and Dwellings to be located on a single lot) within Esperance	Information to be supplied to the committee outlining current acceptable composite lot locations	Closed	Richard Hindley
04/09/12	7.2.4	Request a report from Officers detailing options regarding the structure of short term borrowings for Shark Lake Industrial Park and Flinders Stage 2	The loan is with the Treasury until June 2013. Alternative sources of borrowing will be looked into in February/March to be in place by June. A full report item will be going before council in March/April	Going to Council in April	Shane Burge
MEETING DATE	RECOMMEND-ATION NUMBERS	RECOMMENDATION	ACTION TAKEN	DATE COMPLETED	RESPONSIBLE OFFICER
04/09/12	7.3.2	Request a report from Officers recommending the most beneficial option for the number of lots and suitable date for an Auction to be held for Flinders Stage 2	To be reviewed in February. Marketing may highlight the need for an auction in Easter	To be delayed until required due to satisfactory sales	Priscilla Davies
04/09/12	7.3.3	Request planning for the next staged development of Flinders to include land up to Goldfields Road, including earthworks around Lots 236-252 ensuring buffer zone surrounds all development	Gavin Harris is currently looking into indicative time frames and determining the step by step process that will need to be undertaken. A consultant has been commissioned to provide costings and timeframes on future development		Gavin Harris
04/09/12	7.3.4	Request a report from Officers outlining rezoning options with regards to the retail lot within Flinders	A draft amendment will be ready to go to Full Council in March. Amendment includes zoning of R30 and important local road.	To be closed	Richard Hindley
04/09/12		Request to call for Expressions of Interest on Lot 290. This was to include some options available that Council would support to encourage development.	The EOI is being released to the market. A copy will be forwarded to committee members when issued.		Trevor Ayers

Motion

Moved: Cr McIntyre

Seconded: Cr Bowman

FSL0213-004

That Committee receives items seven (7) and eight (8) ENBLOC.

CARRIED

F3 - A0

Voting Requirements Simple Majority

9. general business

10. CLOSURE

The Presiding Member declared the meeting closed at 2.55pm.

14. motions of which notice has been given

13. members questions with or without notice

16. URGENT BUSINESS APPROVED BY DECISION

14. MATTERS BEHIND CLOSED DOORS

15. PUBLIC QUESTION TIME

16. CLOSURE

[1] a troll is someone who posts inflammatory, extraneous, or off-topic messages in an online community, such as an online discussion forum, chat room, or blog, with the primary intent of provoking other users into a desired emotional response:

[2] ‘Spammers’ repeatedly fill a guestbook with links to their own site and no relevant comment, to increase search engine rankings. If an actual comment is given it is often just "cool page", "nice website", or keywords of the spammed link.

YOUR REF
OUR REF
ENQUIRIES	Gavin Harris 08 9071 0630
DATE	26 March 2013

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)

Author/s	Ashwin Nair	Town Planner
Authorisor/s	Richard Hindley	Director Development Services

Author/s	Neil Williams	Manager Engineering Assets
Authorisor/s	Gavin Harris	Director Engineering Services

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Services

Author/s	Chantelle Spain	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer