Ordinary Council: Agenda

17 December 2013 Page 4

Declaration of Interest (Notes for Your Guidance)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

c) Preside at the part of the Meeting, relation to the matter or;

d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Notes on Financial Interest (For your Guidance)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

Interests Affecting Proximity

1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

b) a proposed change to the zoning or use of land that adjoins the person’s land; or

c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2) In this section, land (the proposal land) adjoins a person’s land if;

a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

Impact of an Impartiality Closure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

17 December 2013 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 17 December 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 K Hall Town Ward

Cr L McIntyre Town Ward

Cr R Horan Town Ward

Cr B Stewart, JP Town Ward

Cr B Parker 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 H Hall 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

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 26 November 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

Nil

12.2 Engineering Services

Nil

12.3 Corporate Services

Item: 12.3.1

Lease: Esperance Airport Car Hire Desk 4

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

File Ref: F13/554

Applicant

Surefire Enterprises as trustee for the Zakostelsky Family Trust trading as Jetty Car Hire

Location/Address

Executive Summary

For Council to consider allowing Surefire Enterprises (Pam Zakostelsky, Director) as trustee for the Zakostelsky Family Trust trading as Jetty Car Hire, to lease Car Hire Desk 4 for a period of 5 years with a 5 year option commencing 1 January 2014.

Recommendation in Brief

That Council agrees to lease a portion of the Esperance Airport Terminal Building on Lot 15 Coolgardie-Esperance Highway Gibson, to Surefire Enterprises as trustee for the Zakostelsky Family Trust trading as Jetty Car Hire for a Hire Car Desk.

Background

The Jetty Resort trading as Europcar were given permission to lease Car Hire Desk 3 in September 2012, but before the lease was fully executed the business franchise association between The Jetty Resort and Europcar broke down. Europcar now operate from Car Hire Desks 3 in their own right.

Rod and Pam Zakostelsky have operated their car hire business successfully for several years from the Jetty Motel have requested to lease Car Hire Desk 4 at the Esperance Airport. Their intentions being to operate a car hire service, but are also investigating the possibility of extending into operating tours and a shuttle service between the airport and town.

Officer’s Comment

It is recommended that the applicant be offered a 5 year lease with a 5 year option. Car Hire Desks 1 & 2 have both been let for a 5 year term with a 5 year option; Car Hire Desk 3 has elected only to have a 1 year term with 4 x 1 year options, ensuring compliancy with the Commercial Tenancies Act.

There is no current arrangement with any of the car hire companies regarding storage of cars on site at the Airport; a separate licence agreement for this will be developed in the near future.

Consultation

Engineering Services

Financial Implications

Financial implications arising from this report should be minimal albeit that landlord’s are no longer able to recover from a tenant expenses relating to the negotiation, preparation or execution of the lease.

The income generated from the lease will be determined by independent valuation. The income will form part of the airport income with any surplus funds from the business unit being transferred to the Airport Reserve.

Asset Management Implications

Asset management implications would be negligible given the age and minimal size of the premises and that the lessee is responsible for maintenance of the booth.

Statutory Implications

Local Government Act 1995- Section 3.58 Disposing of Property

Commercial Tenancy (Retail Shops) Agreement Act 1985

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 relating to cleaning, internal and external property maintenance.

The applicable classifications for this item are:

Commercial Premises – Open Market which covers Airline Offices and Car Rental Desks at the Esperance Airport. It requires that market rental be determined by valuation with individual rental as determined by Council.

Strategic Implications

Strategic Community Plan 2012-2022

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

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

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

Corporate Business Plan

Action 4.5.12 Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council agrees to lease a portion of the Esperance Airport Terminal Building on Lot 15 Coolgardie-Esperance Highway Gibson, known as Car Hire Desk 4 to Surefire Enterprises as trustee for the Zakostelsky Family Trust trading as Jetty Car Hire for a Hire Car Desk, subject to the following;

1) The term of the lease be 5 years with a 5 year option;

2) The lease rental to be determined from valuation;

3) The lease area to be used by Jetty Car Hire to be clearly identified in an attachment to the lease document; and

4) The disposal of property be advertised in accordance with the Local Government Act s.3.58(4)

Voting Requirement Simple Majority

Ordinary Council: Agenda

17 December 2013 Page 14

Item: 12.3.2

Audit Committee- Appointment of Independent Member

Author/s	Shane Burge	Director Corporate Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: F12/3695

Applicant

Corporate Services

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the appointment of an independent member to the Audit Committee.

Recommendation in Brief

That Council appoint Ms Pia Powell as the independent member to the Audit Committee as per the Audit Committee Terms of Reference.

Background

As a result of the recent Council elections held on the 19^th October, the membership to Council appointed committees was declared vacant. At the Ordinary Council Meeting held in October, Council appointed four Councilors to the Audit Committee being Cr Heasman, Cr Stewart, Cr Griffiths and Cr Parker.

The Audit Committee Terms of Reference have an independent person as one of the members on the committee that is filled by calling for nominations from the community. An advertisement was placed in the Esperance Express on the 6^th November and closing on the 20^th November calling for interested and experienced nominations.

Officer’s Comment

One nomination was received by the due date from Ms Pia Powell.

It is considered that Ms Powell has the relevant experience and qualifications that could add considerable experience, independent advice and input into the Audit Committee.

The application and resume from Ms Powell is attached as a confidential attachment under separate cover for Council’s reference.

Consultation

The process for the appointment of the independent member was discussed at the Audit Committee meeting that was held on the 19^th November.

Financial Implications

Nil

Asset Management Implications

N/A

Statutory Implications

Part 7 Division 1A of the Local Government Act 1995 deals with the Audit Committee.

Shire of Esperance Audit Committee Terms of Reference

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012-2022

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

Corporate Business Plan 2013/2014 – 2016/2017

4.5.15 Manage financial services

Environmental Considerations

Nil

Attachments

a .

Audit Committee Application- Pia Powell - Under Separate Cover

Officer’s Recommendation

That Council appoint Ms Pia Powell as the independent member to the Audit Committee as per the Audit Committee terms of reference.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

17 December 2013 Page 16

Item: 12.3.3

Lease - Esperance Goldfields Surf Life Saving Club

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

File Ref: F13/968

Applicant

Esperance Goldfields Surf Life Saving Club Inc.

Location/Address

Lot 2102 on Plan 192574, Reserve 41860, Twilight Beach Road, Dalyup

Executive Summary

For Council to consider allowing Esperance Goldfields Surf Life Saving Club Inc to lease (land only) Reserve 41860, Lot 2102 Twilight Beach Rd Dalyup subject to the approval of the Minister for Lands.

Recommendation in Brief

That Council, subject to the approval of the Minister of Lands, agrees to lease to Esperance Goldfields Surf Life Saving Club Inc. Lot 2102 on Plan 192574, Reserve 41860, Twilight Beach Road Dalyup for a period of 21 years.

Background

The 2642.762 m² area of land in question was formally part of Reserve 24486 vested in the Shire of Esperance in 1956 for the purposes of ‘Flora’. In 1989 the Esperance Goldfields Surf Life Saving Club (EGSLSC) was formed by interested community members. On 8/10/1990 the group wrote to Council requesting to place a transportable building in a beachside car park overlooking Twilight Beach. This building was to become the headquarters of the club; they also wrote “we envisage this area being kept as a private car park for the Surf Club with a drop down boom gate to close off to the public when we are out patrolling beaches”. This was the initial request for exclusive use of this land.

On 24/10/1990 Council resolved to give support in principle and to approach the Department of Land Administration to form a vested Reserve specifically for Surf Club purposes. Reserve 41860 was formed on 20/9/1991 for purposes of Surf Life Saving Club House. Vesting was with the Shire of Esperance and a Power to Lease was granted for any term not exceeding 21 years. The Reserve area was altered in December 1995 to suit the positioning of a new club building.

Attempts to put a lease in place have occurred in 2006 and 2010, for whatever reason, neither process was successful.

Records indicate considerable amounts of correspondence between the Shire and EGSLC in regard to the building deficiencies and building non-compliance issues. At its last inspection 6/8/2013, the building was again found to be non-compliant and continues to have no Certificate of Approval as a public building.

Officer’s Comment

Research indicates that there have been imperfect decisions made by both parties (EGSLSC & SoE) in the past regarding the use of funds on areas other than rectification of building non-compliance issues.

Having a valid lease in place providing secure tenure, will fulfill a prerequisite of most organizations that make grants available to recreational community groups such as the EGSLSC. This opportunity could possibly allow ESLSC to obtain further funding to remedy their building non-compliance issues.

Consultation

Manager Building Services

Co-ordinator Asset Management

Financial Implications

There are minimal financial implications subject to the lease being drawn up in a manner that clearly identifies the lease as ‘land only’, with the Shire having no responsibility for the buildings.

Asset Management Implications

There are minimal asset management implications subject to the lease being drawn up in a manner that clearly identifies the lease as ‘land only’, with the Shire having no responsibility for the buildings.

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposal of Property

Functions and General (Functions and General) Regulations 1996 - Section 30

Policy Implications

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

The applicable classification for this item is:

Specific Sports Facilities

· Development of facilities by Shire or Club on Council land often with capital cost shared between Shire, Department of Sport and Recreation, and Club or any combination of this mix of funding.

· Exclusive use of the premises for a specific sport

· All maintenance, operational and cleaning expenses at the lessee cost

· All outgoings (consumable charges) are recouped or charged direct to the Club

· Major repairs, reconstruction/refurbishment to be detailed within lease or licence document

· The provision of bar facilities should not be used to differentiate lease fees in this classification

· Council approval required prior to any sub-letting of the premises

· Groups, Clubs and Organisations would be encouraged to submit applications via the Community Development Fund Grants process when requesting Council’s financial assistance.

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

Corporate Business Plan 2013/2014 – 2016/2017

4.5.12 Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council subject to the approval of the Minister of Lands, agrees to lease to Esperance Goldfields Surf Life Saving Club (Inc) Reserve 41860, being Lot 2102 on Plan 192574, Twilight Beach Road, Dalyup, subject to the following:

1) The term of the lease to be 21 years;

2) The lease rental to be $1.00 as and when demanded;

3) The charge of a $110.00 Lease Preparation Fee along with the reimbursement at cost to Council of any Legal Fees pertaining to this Lease;

4) The lease area to be Reserve 41860 as defined in the lease and displayed clearly in the lease document;

5) The use of the property to be for Surf Life Saving Club House as designated in Vesting Order G142730; and

6) That all lease terms and conditions be as the Shire Land Only Lease.

Voting Requirement Simple Majority

Ordinary Council: Agenda

17 December 2013 Page 19

Item: 12.3.4

New Delegation - Section 40 - Liquor Control Act 1988

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

File Ref: F12/256

Applicant

Corporate Services

Location/Address

Not Applicable

Executive Summary

For Council to consider delegating to the CEO section 40 of the Liquor Control Act 1988 – ‘Certificate of planning authority as to whether use of the premises complies with planning laws’.

Recommendation in Brief

That Council delegate to the CEO, Section 40 of the Liquor Control Act 1988 – Certificate of planning authority as to whether use of the premises complies with planning laws.

Background

Delegation 4.1 General Administration Powers in the current Delegation Register contains the following clause;

r) Issue Liquor Licensing Act Section 40 Certificates regarding compliance with relevant planning laws.

This delegation was made in relation to the Planning and Development Act 2005 rather than the Liquor Control Act 1988.

Officer’s Comment

This delegation will rectify the current inaccuracy with respect to issuing section 40 Certificates. There is a current delegation under section 40 that has been made under the Planning and Development Act 2005. Whilst this is standard industry practice, it has been determined that it is more appropriate to delegate under the Liquor Control Act 1988.

Consultation

Development Services

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 Section 5.42

Liquor Control Act 1988

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

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

Corporate Business Plan 2013/2014 – 2016/2017

4.5.8 Review and update Delegations Register

Environmental Considerations

Nil

Attachments

a View.

Liquor Control Act 1988 - Section 40

Officer’s Recommendation

That Council delegate to the CEO, Section 40 of the Liquor Control Act 1988 – Certificate of planning authority as to whether use of the premises complies with planning laws.

Voting Requirement Simple Majority

	3.3 Liquor Control Act 1988 – Section 40 Certificate
Function Delegated: This text is provided as a reference only. Delegates shall only act in full understanding of the delegated statutory power, inclusive of conditions [see below].	Council Officers are delegated authority to issue a certificate in accordance with S.40 of the Liquor Control Act 1988.
Statutory Power being Delegated:	Liquor Control Act 1988 S.40 Certificate of planning authority as to whether use of premises complies with planning laws
Power is originally assigned to:	Local Government
Statutory Power of Delegation	s.5.42 Delegation of some powers or duties to the CEO
Power Delegated to:	Chief Executive Officer
Council’s Conditions on Delegation:	Nil
Statutory Power to Sub-Delegate:	Local Government Act 1995 s.5.44 CEO may delegate some powers and duties to other employees
CEO’s Sub-Delegation to:	Director Development Services Manager Planning Services
CEO’s Conditions on Sub-delegation:	Nil
Record Keeping Statement [s5.46(3)]	A person to whom a power or duty is delegated under this Act, is to keep records in accordance with the Local Government (Administration) Regulations 1996 r.19 Delegates to keep certain records (Act s.5.46(3)). You are required to maintain a written record of; (a) how you exercised the power or discharged the duty; and (b) when you exercised the power or discharged the duty; and (c) the persons or classes of persons, other than Council or committee members or employees of the local government, directly affected by the exercise of the power or the discharge of the duty.
Compliance Links	Section 40 of the Liquor Control Act 1988
Delegation Administration:
	Decision Reference		Decision Reference
1.	Adopted -	5.
2.		6.
3.		7.
4.		8.

Ordinary Council: Agenda

17 December 2013 Page 22

Item: 12.3.5

Lease - Old Railway Station Master's Ticket Office - Museum Village

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

File Ref: F13/1026

Applicant

Gisele West

Location/Address

Portion of Lot 103 (68) Dempster St Esperance - Reserve 2815

Executive Summary

For Council to consider allowing Gisele West to lease the Old Station Master’s Ticket Box at Museum Village for a period of 6 months.

Recommendation in Brief

That Council agrees to lease the Old Station Master’s Ticket Box at Lot 103 Dempster Street, portion of Reserve 2815 to Gisele West for the purpose of painting workshop and painting therapy for a period of 6 months.

Background

The applicant would prefer to lease the property until the end of 2015, but has been explained that an application would need to be lodged with the State Administrative Tribunal (SAT) to provide an order overriding the Commercial Tenancy (Retail Shops) Agreements Act 1985 (CTA). The Manager Administration Services has investigated all avenues for the Shire to be able to obtain a ruling from SAT, but has been advised that the application must come from the Lessee or prospective Lessee and not from the Lessor.

The Act as it stands creates a basic right for retail tenants to be granted an option to extend the lease to a minimum lease period of 5 years in relation to leases of more than 6 months. For this reason we are only able to offer a lease period of 1 day less than 6 months.

Officer’s Comment

It is recommended that the applicant be allowed to have a lease of 1 day less than 6 months ensuring compliancy with the CTA. The tenant has inspected the property and is aware that there is no water available inside the building and would need to access water from a tap outside the main building which is located undercover within 2.5 metres of the back door.

Consultation

State Administrative Tribunal, Department of the Attorney General

Herron Todd White, Registered Valuer.

Financial Implications

The Local Government Act 1995 requires that the consideration to be received (rent) for the proposed disposition (lease) of property be ascertained from a market valuation carried out not more than 6 months prior to the proposed disposition.

A review of the current rental valuation from Herron Todd White (Registered Valuer) dated 4 December 2013 indicates that the current valuation would be $60.00/m²per annum (GST exclusive) equating to $3,387.00 per annum (GST exclusive) for this 56.45 m²property.

Asset Management Implications

It is anticipated that the asset management implications would be negligible albeit that the buildings are very old; the Shire (Lessor) is responsible for structural maintenance of this property and the Lessee responsible for minor maintenance.

Statutory Implications

Local Government Act 1995- Section 3.58 Disposing of Property

Commercial Tenancy (Retail Shops) Agreement Act 1985

Policy Implications

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

The applicable classifications for this item are:

Commercial Premises – Community

· All outgoings for these premises recouped or direct supply to lessee.

· Discounted rental applied, based on market rental valuation.

· Disposal to be in accordance with section 3.58 Local Government Act 1995, noting exemptions that apply via Regulation 30 of Local Government (Functions and General) Regulations 1996.

· Minor maintenance, operational expenses, cleaning etc are cost to Lessee.

· Major repairs, reconstruction/refurbishment to be detailed within lease or licence document.

· Generally Council would have a building maintenance budget allocation for the premises.

· Council approval required prior to any sub-letting of the premises.

Strategic Implications

Strategic Community Plan 2012-2022

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

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

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

Corporate Business Plan

4.5.12 Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council agrees to lease the Old Station Master’s Ticket Box at Lot 103 (68) Dempster Street, portion of Reserve 2815 to Gisele West for the purpose of painting workshop and painting therapy for a period of 6 months subject to the following;

a) The term of the lease be 1 day less than 6 months from commencement date;

b) The lease rental to be determined from valuation;

c) The lease area to be used by Gisele West to be clearly identified in an attachment to the lease document; and

d) The disposal of the property be advertised in accordance with the Local Government Act s.3.58(4)

Voting Requirement Simple Majority

Ordinary Council: Agenda

17 December 2013 Page 26

12.4 Community Services

Item: 12.4.1

Community Arts and Activities Funding

Author/s	Lynda Horn	Community Services Officer
Authorisor/s	Rod Hilton	Director Community Services

File Ref: F13/668

Applicant

Community Services

Location/Address

N/A

Executive Summary

That Council considers the 4 Community Arts and Activities Funding applications that have been received for the Summer School Holiday period.

Recommendation in Brief

That Council:

1. Approve $1,000 for South Coast Natural Resource Management towards the presenter fees of the Salty School Holiday Activities.

2. Approve $1,000 for ESCARE towards the presenter fees of the Summer Surf School

3. Approve $1,500 for the Cannery Arts Centre towards the presenter fees and material costs of the Summer School Holiday Program.

4. Approve $600 funding for the Festival of the Wind towards Flickerfest.

Background

The Community Arts and Activities fund has a total annual budget of $12,000. This is the second round of application for this financial year.

The previous round of funding allocated $2,500, leaving $9,500 in the budget.

Four applications were received by the due date of 4:30pm Friday 22 November 2013. One application was partially received on the due date, with the remaining information received two days later. The applications are summarised below:

1. South Coast Natural Resource Management – Salty Summer School Holidays

Purpose: To provide up to 12 events incorporating environmental related activities at locations around Esperance for the Esperance community.

Participants: anticipated that 100 participants from the community, with a family demographic, will attend over the 12 events.

Funding Request:

Total Project Cost $7,455

Applicant/Other contributions $5,455

Amount Requested $2,000

2. ESCARE – Summer Surf School

Purpose: to conduct a four day surfing workshop.

Participants: a total of 10 at risk indigenous youth aged between 12 and 18 years of age.

Funding Request

Total Project Cost $3,750

Applicant/Other contributions $2,500

Amount Requested $1,250

ESCARE have acquitted their previous funding accordingly.

3. Cannery Arts Centre – Summer School Holiday Program

Purpose: To provide arts and crafts based workshops to the Esperance community. Specifically, 12 workshops for children (6-12 years), 6 workshops for youth (13-25 years) and 10 workshops for adults.

Participants: based on previous events, it is anticipated that 90 children aged 6-12, 20 youth aged 13-25 and 40 adults aged over 18.

Funding request:

Total project cost $8,686

Applicant/other contributions $6,686

Amount Requested $2,000

The Cannery Arts Centre has acquitted their previous funding accordingly.

4. Festival of the Wind – Flickerfest

Purpose: to host four open air cinema experiences from January to March.

Participants: based on previous events the average participation rate is 300 per event and includes young adults, families and couples.

Funding Request

Total Project Cost $13,760

Applicant/other contribution $11,760

Amount Requested $2,000

Officer’s Comment

Both the Cannery Arts Centre and ESCARE have run previous activities that were well attended.

South Coast Natural Resource Management has run their activity in the past and are seeking support to expand the program.

The Festival of the Wind provided a partial application on the closing date, and provided the remaining documentation two days later. The suggested funding of $600 will cover the hire of the Sound Shell.

If all applications ($7,250) are approved, there will be $2,300 left for the remaining two funding rounds.

Consultation

The applications were reviewed by the Community Services Officer, the Manager of Library and Culture and the Manager of the Volunteer Resource Centre.

Financial Implications

There are no known financial implications from this report as the Community Arts and Activities Funding has already been budgeted for the 2012/2013 financial year.

If the officers recommendation is accepted there will be $5,400 remaining in the fund for the next 2 funding rounds.

Asset Management Implications

N/A

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2012-2022

Social

1.7 facilitate and promote the arts and cultural activities for all ages.

Environmental Considerations

N/A

Attachments

a View.	Application - South Coast Natural Resource Management - Salty School Holidays (TRIM Ref D13/20898)
b View.	Application - ESCARE - Summer Surf School (TRIM Ref D13/20782)
c View.	Application - Cannery Arts Centre Summer School Holiday Program (TRIM Ref D13/21173)
d View.	Application - Festival of the Wind Flickerfest (TRIM Ref D13/21376)

Officer’s Recommendation

That Council approve the following Community Arts and Activities Fund applications:

1) $1,000 to South Coast Natural Resource Management, towards the presenter fees of the Salty School Holiday Activities.

2) $1,000 to ESCARE, towards the presenter fees for the Summer Surf School

3) $1,500 to Cannery Arts Centre, towards the presenter and material costs for the Summer School Holiday program

4) $600 funding to Festival of the Wind for Flickerfest

Voting Requirement Simple Majority

Ordinary Council: Agenda

17 December 2013 Page 89

12.5 Executive Services

Item: 12.5.1

Community Engagement Policy

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

File Ref: D13/10249

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to adopt a policy that provides a broad framework and direction for community engagement. This policy supports Councils commitment to build community engagement into work practices by making it an integral part of Council and Shire operations

Recommendation in Brief

That Council adopt the Community Engagement Policy.

Background

Community Engagement is about involving the community in decision making processes, which is critical in the successful development of acceptable policies and decisions in government, the private sector and the community.

Council’s commitment to community engagement has been noted as a priority in the Shire of Esperance Strategic Community Plan 2012-2022 with Strategy 4.4:

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

The Community Engagement Policy will be one of three documents that form the Community Engagement Framework. The purpose of the framework is to ensure a strong foundation to base community engagement on exists across the organisation which will promote consistency and an engaged community. Two operational documents that compliment the Community Engagement policy and form part of the Framework are the Community Engagement Matrix and the Community Engagement Handbook. These documents will direct staff on when, how and what level of engagement is required and the techniques that can be utilized.

Officer’s Comment

Council have been actively involved with shire officers in working towards improving communication and engagement with our community. This policy will provide guidance to both Council and shire officers on our approach to community engagement and the underpinning principles that will lead all future engagement activities. The policy outlines our intention to approach community engagement based on the International Association for Public Participation Spectrum (IAP2), which is widely recognised in both the public and private sector as a roadmap on the goals of each level of participation.

Consultation

Executive Management Staff

Council

Media and Communication staff

Various other Local Governments (Statewide & Nationally)

WALGA

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

The policy implications arising from this report are that on its adoption this policy will provide guidance to Council and Shire Officers on the approach to taken to community engagement.

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Corporate Business Plan 2013/2014 – 2016/2017

4.4.1 Develop and implement a Consultation and Engagement Strategy

Environmental Considerations

Nil

Attachments

a View.

Community Engagement Policy

Officer’s Recommendation

That Council adopt the Community Engagement Policy.

Voting Requirement Simple Majority

Ordinary Council: Agenda

17 December 2013 Page 91

Community Engagement Policy

Document Management

Creation Date: November 2013

Last Reviewed:

Key Words: Engagement; community; consultation; participation

Statute and Related Plans:

a) Local Government Act 1995

b) Shire of Esperance Disability Access and Inclusion Plan

c) Planning and Development Act 2005

d) Land Administration Act 1997

e) Town Planning Regulations 1967

f) Local Planning Scheme No. 23

g) International Association for Public Participation (IAP2)

h) Shire of Esperance Community Engagement Matrix

i) Shire of Esperance Community Engagement Handbook

j) Shire of Esperance Communication Plan (under development)

k) Shire of Esperance Strategic Community Plan 2012-2022

l) Shire of Esperance Corporate Business Plan 2013-2017

m) Shire of Esperance Code of Conduct

Definitions:

Community – includes all the people who live, work, study, own property, conduct private or government business, visit or use the services, facilities and public spaces and places in the Shire of Esperance

Community Engagement - community engagement is about involving the community in the decision making process and is critical in the successful development of acceptable policies and decisions in government, the private sector and the community.

Objectives

The Shire of Esperance recognises that community engagement and participation processes are a vital part of local democracy. It helps strengthen the relationship Council and the Shire have with the community and is critical to good governance. For this reason both Council and Shire Staff are committed to engaging with the Esperance Community. The Shire of Esperance Strategic Community Plan 2012-2022 highlights this commitment with Strategy 4.4:

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

Community engagement does not necessarily mean achieving consensus. It does involve seeking broad informed agreement and the best possible solutions for Council, the Shire of Esperance and the community. Council will be presented each quarter with a review of all community engagement that has taken place for ongoing and project specific activities.

Council’s commitment to community engagement is supported by the Local Government Act 1995 which outlines the essential roles of a Councillor:

2.10. 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;

(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.

Policy

This policy applies to all aspects of Council and Shire operations to ensure the Esperance community is well informed about issues, strategies or plans that may directly or indirectly affect them. Development approvals and other planning related matters are the only exception to this rule as their engagement requirements are addressed by the Planning and Development Act 2005, Land Administration Act 1997, Town Planning Regulations 1967 and Local Planning Scheme No. 23.

It defines the principles underpinning engagement activities and the role of councillors and staff in engaging with the community. By receiving diverse perspectives and potential solutions the quality of decisions improves and subsequently a higher standard of customer service is provided. Shire staff will ensure that the Councillors are fully informed of all community engagement activities regarding significant issues or high impact projects prior to occurring.

The decision to develop an engagement strategy and engage with the community may occur as part of, though not limited to:

· Planning the strategic direction of the Shire of Esperance

· Policy development and/or implementation

· Any changes to land zoning that may have impact on the community

· Service level planning and delivery

· When an issue is brought to Council by the community

· Changes to Local By-laws

· Impending legislative or statutory changes with local impact

· Major project development and/or implementation

The Community Engagement Policy, provides a broad framework and policy direction for engagement. The Shire of Esperance Community Engagement Matrix (which is an attachment to this document), which aims to provide staff with direction on engagement planning and guidance on when and how community engagement should occur.

The Council and Shires approach to community engagement is based on the spectrum of engagement activities as advocated by the International Association for Public Participations (IAP2).

Figure 1: IAP2 Public Participation Spectrum

	Inform	Consult	Involve	Collaborate	Empower
Goal	To provide the public with balanced and objective information to assist them in understanding the problems, alternatives and/or solutions.	To obtain public feedback on analysis, alternatives and/or decision.	To work directly with the public throughout the process to ensure that public issues and concerns are consistently understood and considered.	To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution.	To place final decision-making in the hands of the public.
Promise to the Pubic	We will keep you informed.	We will keep you informed, listen to and acknowledge concerns and provide feedback on how public input influenced the decision.	We will work with you to ensure that your concerns and issues are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.	We will look to you for direct advice and innovation in formulating solutions and incorporate your advise and recommendations into the decisions to the maximum extent possible.	We will implement what you decide.
Example Tools	Fact sheets Websites Open houses Council Minutes Newsletters	Public comment Focus groups Surveys Public meetings	Workshops Deliberate polling	Community Reference Group Advisory committees Consensus-building Participatory decision-making	Referendum Ballots Delegated decisions Council Elections
Role of community	Listen	Contribute	Participate	Partner	Decide

The Community Engagement Matrix is relevant to Council and Shire officer when interacting with the community. It aims to guide Council and staff by ensuring the level of community engagement undertaken relates directly to the level of community involvement required, and should make sure it is appropriate to the nature, complexity and impact of the issue, plan or strategy. In some cases requirements may be imposed by the State Government and may override the policy and matrix.

Principles

The Shire of Esperance’s Community Engagement Policy is based on a set of core values adapted from the IAP2. These principles are used to guide the development, implementation and evaluation of Council and the Shire’s engagement process. Council members are elected to govern and final decisions and accountability rests with Council. Shire officers make recommendations to Council based on known facts and research. Community engagement does not remove these roles but it increases opportunities for the community to provide advice and influence planning. This process enables decisions to be made that are part of a continuous process recognising the needs and interests of the whole community.

The following principles embody Council’s and Shire officers commitment to community engagement:

· Be representative of the broader community and ensure their views are adequately reflected when making decisions.

· Seek out and encourage contributions from community members who may be affected by or interested in a decision.

· Actively listen so that the community’s ideas and input can assist in making decisions.

· Inform the community about decisions, and how their input was considered.

· Prior to any decision Council and Shire staff will ensure that they are well informed regarding the benefits of alternative decisions, reflecting all sides of the argument and including any community input on matters before them.

· Collaborate with key stakeholders and other levels of government to achieve common goals for the Shire.

· Provide relevant, timely and balanced information so the community/stakeholders can contribute in a meaningful way.

· Provide a variety of appropriate, inclusive and accessible ways for people to have their say and to speak honestly.

· Endeavour to ensure that engagement processes are appropriate, accessible, well planned and adequately resourced.

· Clearly identify the level of community influence and limitations if appropriate.

· The timing of community activities should take into account key dates (school holidays, special events etc) to ensure that maximum opportunity is given to encourage community input.

· To ensure both the Council and the Shire are meeting legislative requirements regarding community consultation in all areas of service delivery.

------------------------------------------------- Policy Ends-----------------------------------------------------

Shire of Esperance Logo

Community Engagement Matrix

The Community Engagement Matrix is a tool designed to assist with the selection of the most appropriate level of engagement. The selection of a level of community engagement will be driven by the expectations of internal and external stakeholders. However, it must be noted that using the matrix is a technical approach and consideration must be given to the emotional elements as part of the engagement selection process when using this tool.

Detailed explanations on engagement responsibilities and planning requirements are in the Community Engagement Handbook. The Matrix is a component of the Handbook and does not include other elements that are required when drafting an engagement plan. This document is to assist in determining the most appropriate level of engagement only.

Whether it’s a task, an activity, a program or a project, much of our work has an impact on, or is impacted by, our communities and the work of other people in the organisation. Whatever we do will be more effective if the people affected:

· understand what we are doing and what it will mean for them

· are involved at the level needed to ensure the best outcome.

It is vital to note that different stakeholders may require different levels of engagement. Therefore prior to the level of engagement being determined, stakeholders must be identified. Stakeholders can be internal and/or external and can differ in levels of engagement required.

The matrix is based on three underpinning factors to determine the level of engagement required. These include:

· Degree of complexity – is there a single issue or multiple issues?

· Degree of potential community impact and/or outrage – what is the general community perception of the issue/s?

· Degree of political sensitivity – is there potential for individuals/groups to use the situation to make political gains?

Additionally, consideration will still need to be given to the following when determining levels of engagement, however their relevance can differ amongst alternative tasks, activities or projects due to their subjective nature:

· Background information, including Council Reports, Briefing Papers, Project scopes and status reports

· Level of interest from community as perceived by internal stakeholders

· Level of interest being shown by the community

· Underlying values and views of internal and external stakeholders

· Availability of labour, material and financial resources

· Media interest

· Legislative requirements

· Is there significant economic or social impact?

· What is the desired level of community participation/involvement (does the community need to be informed or should they have the opportunity to be involved).

· Are there legislation or Council Policy requirements?

The Community Engagement Matrix provides a guide on what level of community engagement is required. The four levels of engagement identified in the matrix are from the International Association for Public Participation (IAP2) Public Participation Spectrum (Empower has been left out of the matrix due to the rarity that it will occur as an engagement level). To determine the level of engagement complete the Community Engagement Matrix Assessment Sheet (Appendix 1).

Community Engagement Matrix

Shire of Esperance Logo

Engagement examples

Level of Engagement	Definition	Examples
Inform	We will share information about a decision or direction	· Advising the community of a situation of proposal · Informing on a decision or direction – Council Minutes · Providing advice on an issue – can include Report times to Council · Putting out media releases, updating website news and facebook are all examples of tools we use to inform · No response is required, although people are free to seek a further level of participation
Consult	We will explore options, gain feedback and an understanding of your concerns and preferences	· Undertake research to identify needs or issues · Seeking comment on a proposal, action or issue · Seeking input/feedback on a service or facility – might run a survey · Requiring a response but limited opportunity for dialogue
Involve	We will involve you in the process so your ideas, concerns and aspirations are reflected in the alternatives developed of the final decision	· Involving the community in discussion and debate · Ensuring informed input through briefings and information · Adopting amore personal and innovative approach through personal contact and workshops that encourage participation · Involving at different times in the planning process (keep informed and enable further comment)
Collaborate	We will collaborate with you so your advice, innovation and recommendations are included in the final decision that we make together	· Establishing a structure for involvement in decision making (eg committees, CRG’s etc) · Enabling ongoing involvement and keeping informed · Allocating responsibility in achieving initiatives
Empower	We will implement what you decide	· Joint ventures

Exceptions to engagement

In an emergency situation, it may not be feasible to involve the community or seek information prior to action. Should this situation arise informing the community after the event is advisable when possible. Legal constraints may also prevent community engagement on sensitive issues.

Additionally it is not always necessary to involve the community in forms of engagement, other than informing, if the community has no ability to impact on the final outcome. For example, a review of a local policy that is dictated by legislation does not need to include a consulting session, results from a survey can be presented and may not require feedback.

Shire of Esperance Logo

Community Engagement Matrix Assessment Sheet

Engagement for: ________________________________

Date: ________________________________

Assessment (tick the boxes ü)	Low	Medium	High
Degree of Complexity · there is one clear issue and/or problem that needs to be addressed (low); or · there are more than one or two issues and/or problems that can be resolved (medium); or · there are multiple issues and/or problems and it is unclear how to resolve them (high).
Degree of potential community impact and/or outrage · little effect on communities and they will hardly notice any changes (low); or · fixes a problem or creates a change that will benefit communities and will/may cause minor inconvenience (medium); or · creates a change that will have an impact on communities and the living environment, and the degree of impact/outrage and acceptance will vary (high).
Degree of political sensitivity · has acceptance throughout the community (low); or · some may see a potential in raising the profile of a project/plan/service to gain attention for their cause (medium); or · community expectations are different to those of the decision makers and there is high potential for individuals and groups to use the uncertainty to gain attention (high).
Total

Shire of Esperance Logo

The Community Engagement Matrix Score

Take the scores from the total number of ticks in each column and follow the information below to begin to determine the level of community engagement.

If the total score is three ticks in the “low” column, the “inform” level should be selected.

If the total score is three ticks in the “medium” column, the “consult” level should be selected.

If the total score is three ticks in the “high” column, the involve or collaborate level should be considered.

If the total score in the “low” column is one tick and the score is two ticks in the “medium” or “high” column, the highest scoring column would indicate that “consult” should be selected – the leaning should be towards the highest number of ticks scored.

If the total score in the “medium” column is two ticks and the score is one tick in the “high” column, the highest scoring column would indicate that “consult” should be selected as the main level with consideration for the “involve” level to address the variety of community concerns.

If the total score in the “high” column is two ticks and the score is one tick in the “medium” column, the highest scoring column would indicate that “involve” should be selected.

If there was a tick scored in each of the “low”, “medium” and “high” columns, it would indicate that “involve” or “collaborate” should be considered to cover the varying degrees of sensitivity and impact/outrage.

To decide between “involve” and “collaborate”, revisit the degree of complexity - the more complex the issues and problems, the more you should consider the level of “collaborate”. However, you will need to bear in mind that, in particular, for collaboration to be possible and effective, working relationships between stakeholders need to be established and maintained.