Ordinary Council: Agenda
24 May 2016 Page 1
13 May 2016
Shire of Esperance
Ordinary Council
An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 17 May 2016 commencing at 1pm to brief Council on the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 24 May 2016 commencing at 4pm to consider the matters set out in the attached agenda.
W M (Matthew) Scott
Chief Executive Officer
Ordinary Council: Agenda
24 May 2016 Page 2
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
Ordinary Council: Agenda
24 May 2016 Page 3
Agenda Briefing ¨ Ordinary Council Meeting ¨ Both Meetings ¨
Name of Person Declaring the Interest:
Position:
Date
of Meeting:
This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.
Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Interest Disclosed
Nature of Interest:
Type of Interest: Financial Proximity Impartiality
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Signature: Date:
Office Use Only:
Officer Date |
Ordinary Council: Agenda
24 May 2016 Page 4
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.
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Ordinary Council: Agenda
24 May 2016 Page 7
TABLE OF CONTENTS
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
8. PUBLIC ADDRESSES / DEPUTATIONS
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
12.1 External Services - Statutory Division
12.1.1 Local Emergency Management Arrangements
12.1.2 Adoption of Local Recovery Plan
12.2 External Services - Commercial Division
12.3 External Service - Community Division
12.5.1 Transfer of Management Order - Reserve 27099 - Grass Patch Primary School
12.5.2 Request for new Lease - Lingalonga Early Years Learning Centre
12.5.3 Short Term Loan Facility Extension Request
12.5.4 Notice of Intention to Impose Differential Rates for the 2016/17 Financial Year
12.5.5 Schedule of Fees and Charges 2016/17
12.5.6 Long Term Financial Plan Review
12.5.7 Financial Services Report - April 2016
12.6.1 WALGA Annual General Meeting and WA Local Government Convention 2016
12.6.2 Shire of Esperance Standing Orders Local Law 2015
12.6.3 Information Bulletin - April 2016
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
17.1 Lease amendment request - Lot 47 Shark Lake Rd Monjingup
Ordinary Council: Agenda
24 May 2016 Page 9
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 24 May 2016
COMMENCING AT 4pm
1. OFFICIAL OPENING
2. ATTENDANCE
Members
Cr V Brown President Rural Ward
Cr N Bowman Deputy President Rural Ward
Cr J Parsons Town Ward
Cr P Griffiths Town Ward
Cr K Hall Town Ward
Cr L McIntyre Town Ward
Cr R Padgurskis 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 Resources
Mr M Walker Acting Director Asset Management
Mr T Sargent Director External Services
Mr R Hindley Executive Manager – Statutory Division
Miss S Fitzgerald Administration Officer
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
10. CONFIRMATION OF MINUTES
That the Minutes of the Ordinary Council Meeting of the 26 April 2016 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 External Services - Statutory Division
Local Emergency Management Arrangements
Author/s |
Lonica Collins |
Community Emergency Services Coordinator |
Authorisor/s |
Terry Sargent |
Director External Services |
File Ref: D16/10809
Applicant
Local Emergency Management Committee
Location/Address
Shire of Esperance
Executive Summary
For Council to consider adopting the revised Shire of Esperance Local Emergency Management Arrangements.
Recommendation in Brief
That Council adopts the revised Shire of Esperance Local Emergency Management Arrangements as attached.
Background
The Local Emergency Management Arrangements provide a generic guide for the initial response to a large scale emergency within the Shire. These Arrangements are written by the Shire in consultation with the responding agencies.
It is a legislative requirement that every Shire has a set of Arrangements in place and they be updated periodically. The current Arrangements were completed in 2014 and have been revised since the fires in November 2015.
Officer’s Comments
The existing Local Management Arrangements were completed in 2014 to meet the requirements of the newly implemented Emergency Management Act 2005.
Following the response phase a review of the Local Emergency Management Arrangements were undertaken with a subsequent revision that took into account the lessons learnt following the November 2015 fires. This allowed the Local Emergency Management Arrangements to include current best practice standards developed in consultation with the State Emergency Management Committee, with further changes including the updating of contact details for varying organisation’s as well as some small minor changes to wording.
The Shire of Esperance Local Emergency Management Arrangements was presented to the LEMC at the meeting held on 13 April 2016 for consideration. Following comments in relation to minor matters, not affecting the major content or layout of the plan, these comments were taken into account and the required amendments incorporated within the Local Emergency Management Arrangements. The LEMC endorsed the Local Emergency Management Arrangements for Council to consider adopting the document. Once adopted the Local Emergency Management Arrangements document will be forwarded to the District Emergency Management Committee and State Emergency Management Committee of endorsement.
Consultation
Emergency response agencies
Local Emergency Management Committee (LEMC)
Statutory Implications
Emergency Management Act 2005
Section 41
Strategic Implications
Strategic Community Plan 2012-2022
Social
1.5 Create and maintain a safe environment for the community.
a. |
Local Emergency Management Committee - Minutes - April 2016 |
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b. |
Local Emergency Management Arrangements - Under Separate Cover |
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That Council 1. Adopt the Shire of Esperance Local Emergency Management Arrangements as attached; and 2. Refer the Shire of Esperance Local Emergency Management Arrangements to the State Emergency Management Committee (SEMC) for endorsement. Simple Majority |
24 May 2016 Page 17
Adoption of Local Recovery Plan
Author/s |
Amelia Rolton |
Personal Assistant - Asset Management |
Authorisor/s |
Mathew Walker |
Acting Director Asset Management |
File Ref: D16/5729
Applicant
Internal
Executive Summary
As part of an overall review of the Shire of Esperance Local Emergency Management Arrangements (LEMA) shire staff completed a review prior to the November 2015 Fires. Following the initial Recovery phase a further review and subsequent rewrite of the Local Recovery Plan was undertaken.
This report recommends Council adopt the Shire of Esperance Local Recovery Plan.
Recommendation in Brief
That Council adopts the Shire of Esperance Local Recovery Plan and forwards a copy to the State Emergency Management Committee (SEMC) for endorsement.
Background
Recovery is about more than replacing what was.
Recovery is about enabling and supporting community sustainability during and after a disaster. The recovery process must begin during the response phase in order to both identify community needs as affected by the disaster or response activities and to begin planning for the transition from response to recover. Recovery can also provide opportunity to improve community resilience to disaster by “enhancing social infrastructure, natural and built environments, and economies” (Community Recovery Handbook 2 p17)
Effective and lasting recovery occurs when a community works together and recognises the personal, social, financial, health, industry and economic factors that need to be considered and planned for. Comprehensive recovery requires private, health, infrastructure, lifeline services, government and non-government sectors to work together as a community is affected and supported at different levels by each of these sectors.
Successful recovery:
§ Is based on an understanding of the community context
§ Acknowledges the complex and dynamic nature of emergencies and communities
§ Is responsive and flexible, engaging communities and empowering them to move forward
§ Requires a planned, coordinated and adaptive approach based on continuing assessment of impacts and needs
§ Is built on effective communication with affected communities and other stakeholders
§ Recognises, supports and builds upon community, individual and organisational capacity.
(Community Recovery Handbook 2 pp 34-37)
Under Section 36(b) of the Emergency Management Act 2005, it is a function of local government to management recovery following an emergency affecting the community in its district. Recovery management is the coordinated process of supporting ‘emergency affected communities in the reconstruction and restoration of physical infrastructure, the environment and community, psychosocial, and economic wellbeing’ (Emergency Management Act 2005.) Local Governments are to ensure the preparation and maintenance of local recovery arrangements. This includes the preparation of a Local Recovery Plan for inclusion in the Local Emergency Management Arrangements as detailed in State Emergency Management Policy (SEMP) 2.5.
Officer’s Comment
The implementation of successful Recovery needs to be managed and planned for in a structured manner. This Local Recovery Plan covers how to provide a coordinated approach to the management of supporting disaster affected communities in the reconstruction of physical infrastructure and restoration of emotional, social, economic and physical well-being.
A Local Recovery Plan should be practical, easy to use and must be easily accessible to community members and emergency managers. The Plan is a part of the Local Emergency Management Arrangements, and the LEMC should be engaged in its development.
The Local Recovery Plan has been developed to clearly identify recovery management arrangements and operational considerations. It identifies any agreements that have been made between the Shire of Esperance and emergency management agencies and it referred to other appropriate documents where necessary.
The Local Recovery Plan was compiled in 2015, and was in draft form at the time of the November 2015 fires. As the draft plan was completed and more current than the current 2007 document it was to replace, the draft Local Recovery Plan was used to guide the recovery process.
Following the initial recovery phase a further review of the Local Recovery Plan was undertaken with a subsequent revision that took into account the lessons learnt following the November 2015 fires. This allowed the Local Recovery Plan to include current best practice standards developed in consultation with the State Emergency Management Committee.
The Shire of Esperance Local Recovery Plan was presented to the LEMC at the meeting held on 13 April 2016 for consideration. Following comments in relation to minor matters, not affecting the major content or layout of the plan, these comments were taken into account and the required amendments incorporated within the Local Recovery Plan. The LEMC decided to defer endorsing the plan until the 4 May 2016, to allow members to have sufficient time to undertake a review of the document. On 4 May 2016 the LEMC endorsed the Shire of Esperance Local Recovery Plan for presentation to Council for adoption subject to consideration of any final comments from committee members.
Consultation
State Emergency Management Committee (SEMC)
Esperance Local Emergency Management Committee (LEMC)
Department of Fire and Emergency Services (DFES)
Financial Implications
While adoption of the Shire of Esperance Local Recovery Plan would have negligible financial implications it is acknowledged that the practical application of the plan following an incident/emergency could present major financial implications.
Statutory Implications
The Emergency Management Act 2005 states
Section 36b
“It is a function of a local government to manage recovery following an emergency affecting the community in its district”
Section 41 (4)
“Local Emergency Management Arrangements are to include a recovery plan and the nomination of a recovery coordinator”
Strategic Implications
Strategic Community Plan 2012 – 2022
Social
1.1 Create and maintain a safe environment for the community
Civic Leadership
4.5 Create and maintain a safe environment for the community
a. |
Shire of Esperance Draft Local Recovery Plan - Under Separate Cover |
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That Council 1. Adopt the Shire of Esperance Local Recovery Plan as attached; and 2. Refer the Shire of Esperance Local Recovery Plan to the State Emergency Management Committee (SEMC) for endorsement. Voting Requirement Simple Majority |
24 May 2016 Page 20
12.2 External Services - Commercial Division
12.3 External Service - Community Division
Transfer of Management Order - Reserve 27099 - Grass Patch Primary School
Author/s |
Jennifer Parry |
Manager Corporate Support |
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D16/9559
Applicant
Grass Patch Community Development Association Inc.
Location/Address
Reserve 27099, Lot 67 Freeman Street, Grass Patch
Executive Summary
For Council to consider supporting the Grass Patch Community Development Association in their application to the Department of Education seeking management for the premises known as Grass Patch Primary School on Reserve 27099, Lot 67 Freeman Street Grass Patch.
Recommendation in Brief
That Council provides written support for the Grass Patch Community Development Association’s application to the Department of Education, for a transfer of management to the Association for the premises known as Grass Patch Primary School, Reserve 27099, Lot 67 Freeman Street Grass Patch, subject to approval by the Minister for Lands.
Background
A letter from the Grass Patch Community Development Association (CDA) was received on 23 March 2016 regarding a request to the Department of Education to consider transferring the management of the premises to the Grass Patch CDA for an initial term of 5 years.
Officer’s Comment
Following the recent closure of Grass Patch Primary School, Grass Patch CDA have requested for a transfer of management so that they can continue to use the land and associated buildings for community purposes. The Grass Patch CDA would like to retain the use of the building for the next 5 years, in which time they will review the possibilities for future use of the building.
The Association has confirmed that they are aware of the financial implications of the building maintenance and they are confident they have adequate funding to meet building maintenance requirements.
Consultation
Department of Lands
Department of Education
Statutory Implications
Land Administration Act 1997 – Section 18 Crown Land Transactions that require Ministers Approval
Policy Implications
COR 004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire
A Shire that is progressive, sustainable, resilient and adaptive to changes
Corporate Business Plan 2013/2014 – 2016/2017
Action 4.5.12 Manage Shire leases and insurances
a. |
Letter seeking Council Support - Transfer of management - Grass Patch CDA |
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That Council provide written support for Grass Patch Community Development Association’s application to the Department of Education, for a transfer of management to the Association for the premises known as Grass Patch Primary School, Reserve 27099, Lot 67 Freeman Street Grass Patch, subject to approval by the Minister for Lands. Voting Requirement Simple Majority |
24 May 2016 Page 25
Request for new Lease - Lingalonga Early Years Learning Centre
Author/s |
Jennifer Parry |
Manager Corporate Support |
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D16/9854
Applicant
Linglonga Early Years Learning Centre Inc.
Location/Address
Lot 171 and Lot 172, Randall Street Esperance
Executive Summary
For Council to consider granting a new lease to Linglonga Early Years Learning Centre Inc. (Linglonga) for Lot 171 and Lot 172, Randall Street, Esperance.
Recommendation in Brief
That Council agrees to lease Lot 171 and Lot 172 Randall Street to Linglonga Early Years Learning Centre Inc. for a term of 5 years, with three (3) additional options of 5 years each subject to certain conditions.
Background
The current lease between the Shire and Linglonga for Lot 171 and Lot 172 Randall Street commenced 5 August 1991. The lease term was for 21 years, and expired on 4 August 2012; the lease contained a ‘hold over’ clause which has allowed for continuation on a monthly tenancy under all other terms and conditions of the lease.
Forming part of the current lease is a Deed of Trust between Linglonga, the Shire and the Lotteries Commission. The Lotteries Commission provided the funding for the construction of the Lingalonga premises on Shire freehold land.
Lotterywest have been contacted and a request made for the Deed of Trust to be repealed as it is a Deed in Perpetuity and does not end with the current lease. The Deed has now been in place for 25 years. Lotterywest have advised that they would be willing to repeal the Deed but feel that they have a duty of care to Linglonga and will only do so (repeal) if a new lease is in place ensuring Linglonga’s immediate future. Lotterywest have agreed to repeal the Deed following the Council Resolution to grant a new lease to Linglonga, consequently allowing the new lease to be created without the Deed of Trust.
Officer’s Comment
Officers did not pursue the lease renewal previously as possible future options for the land were being considered by the Shire of Esperance Land Use Group (following the information received in the Hester Solutions Public Land Strategy Report) for recommendation to Senior Management. Deliberations on this and other matters by the Land Use Group have stalled leading Manager Corporate Support to request the future intentions for the land from Linglonga. Their response is the request for a new lease in the letter attached.
In accordance with the Public Land Strategy Report released in 2014, the property is freehold zoned R30 and its current use is deemed inefficient due to the prevailing zoning, land tenure and special location. As the land is zoned R30 and is deemed highly valuable to Council, and the strategy identifies there could be a possible opportunity for rezoning/development (See attachment A for full summary), an initial lease term of 5 years, with three (3) further options of 5 years each is recommended. It is proposed that a redevelopment clause should also be included in the lease providing Council with an option should the opportunity arise to develop this land as recommended in the Public Land Strategy Report.
Linglonga Management Committee has adhered to their obligations with regards to insurance, building maintenance & upgrades, compliance and utility costs in the past. All negotiations with Linglonga have been amiable and no reason can be found as to why a new lease would not be granted.
Consultation
Lotterywest (previously the Lotteries Commission)
Shire Planning Services
Hester Property Solutions
Landgate
Financial Implications
The rent on this property will be $100.00 (ex GST) p.a. as and when demanded. A lease preparation fee of $100.00 (ex GST) will be charged for this lease.
Asset Management Implications
Infrastructure on the site is currently of sound condition; Linglonga will be responsible for all utility costs, building repairs, maintenance and rates.
Statutory Implications
Local Government Act 1995 – Section 3.58 Disposing of property
Local Government (Functions and General) Regulation 1996 – Section 30 Disposing of property excluded from Local Government Act Section 3.58
Local Government Act 1995 – Section 9.49A Execution of documents
Policy Implications
This report relates to Council Policy COR 004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire
A Shire that is progressive, sustainable, resilient and adaptive to changes
Corporate Business Plan 2013/2014 – 2016/2017
Action 4.5.13 Manage Shire leases and insurance
a. |
Shire of Esperance Public Land Strategy - Lot 171-172 Randall Street Esperance |
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b. |
Lingalonga Early Years Learning Centre - Request for new lease |
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That Council agrees to lease Lot 171 & Lot 172 Randall Street Esperance to Linglonga Early Years Learning Centre Inc. subject to; 1. Lotterywest repeal of the Deed of Trust (Landgate Registration No F292229) between the Shire of Esperance, Esperance Child Care Centre (Linglonga) Inc and the Lotteries Commission; 2. The leased area being Lot 171 and Lot 172 on Plan 222409, Randall Street Esperance, described and defined in the lease and displayed clearly in an attachment to the lease document; 3. All terms and conditions be as per Council Standard Sporting and Community Group Lease, including a redevelopment clause; 4. The term of the lease be for an initial term of 5 years, with three (3) additional 5 year options, commencing 1 July 2016; 5. The lease rental be $100.00 (ex GST) p.a.; 6. The Lessee be responsible for all operational costs and charges in relation to utilities, building maintenance and insurance of the premises; and 7. Authorise the CEO to execute the lease. Voting Requirement Simple Majority |
24 May 2016 Page 32
Short Term Loan Facility Extension Request
Author/s |
Beth O'Callaghan |
Manager Financial Services |
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D16/10239
Applicant
Corporate Resources
Location/Address
Internal
Executive Summary
For Council to consider refinancing loan 288 which matures on the 30 June 2016.
Recommendation in Brief
That Council request a 3 year extension until the 30 June 2019 to the Short Term Loan Facility agreement held with WA Treasury Corporation for the Flinders Estate sub division to a maximum amount of $6,500,000.
Background
The Shire obtained a $9,200,000 Short Term Loan Facility with WA Treasury Corporation (WATC) in June 2008 to facilitate the Shark Lake Industrial Park (SLIP) and Flinders Stage 2 sub division. The facility provided for a term of 2 years with repayments to be sourced exclusively from land sales. At the time of borrowing $1.2m was in relation to the Shark Lake Industrial Park and $8m was for Flinders Stage 2 sub division.
The repayment of the facility was initially delayed as a result of the Shire not being in a position to offer all the lots at initial auction. A three year extension of the facility was sourced in June 2010 in a hope that the sale of lots would clear the debt by 30 June 2013. A depressed real estate market over those years saw slow sales in the Flinders Estate and no sales within the Shark Lake Industrial Park.
In March 2013 Council resolved to seek a 3 year extension until 30 June 2016 to the Short Term Loan Facility for $6,500,000 and refinance the Shark Lake Industrial Park portion of the Short Term Loan Facility to a principle and interest loan over a 20 year period for $1,108,000.
Since March 2013 sales have continued within Flinders. The net sale proceeds have been utililised to repay the debt. The expected outstanding balance of the Short Term Loan Facility at 30 June 2016 is $684,976. The current short term borrowing facility is a suitable credit facility for the Flinders Estate as it allows the Shire to repay the debt in line with sales.
Officer’s Comment
The current Short Term Loan Facility will expire on 30 June 2016 and the WATC has requested from the Shire as to its intentions with this facility post 30 June 2016. As the facility can be drawn up to $6,500,000 Council can use this facility to fund further stages of sub division developments at Flinders Estate. After development the net sales can repay the debt as done previously. Alternatively Council could opt to reduce the facility to a lesser amount.
As a further stage of Flinders is proposed to be developed in the near future from borrowings this facility is a suitable finance option that has proved flexible and appropriate in the past and would allow some certainty for Council in financing the future stage development over the next 3 years.
Consultation
WA Treasury Corporation
Financial Implications
The current interest rate on the short term facility is 2.45% per annum or amounts to approximately $45 per day on the current outstanding balance.
Statutory Implications
Local Government Act 1995 – Section 6.20 – Power to Borrow
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.
Nil
That Council 1. Request a 3 year extension until the 30 June 2019 to the Short Term Loan Facility agreement held with WA Treasury Corporation for the Flinders Estate sub division to a maximum amount of $6,500,000. 2. Provides local public notice in accordance with Section 6.20(2) of the Local Government Act 1995. Voting Requirement Absolute Majority |
Ordinary Council: Agenda
24 May 2016 Page 34
Notice of Intention to Impose Differential Rates for the 2016/17 Financial Year
Author/s |
Shane Burge |
Director Corporate Resources |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D16/10553
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider advertising proposed differential rates in preparation for the adoption of the 2016/2017 budget.
Recommendation in Brief
That Council endorse the differential rates as proposed for the 2016/2017 budget along with the objects and reasons, seek public submission and Ministerial approval for those rates that are more than twice the lowest differential rate.
Background
In preparation for the implementation of the 2016/17 Budget Council must determine the rates and the minimum rates for differential rating categories that are proposed to be used in the following budget. There is a requirement under Section 6.36 of the Local Government Act 1995 that if the Shire is intending on implementing a differential rate that it gives local public notice of its intention to do so. Once endorsed the differential rates must be advertised for a period of a minimum of 21 days providing for public submissions.
A number of workshops were held with Council during March and April in regards to proposed rates for the 2016/17 financial year whilst discussing the Long Term Financial Plan. During the review of the Long Term Financial Plan it became apparent that a significant amount more money needs to be spent on transport infrastructure to maintain a reasonable and sustainable level of service. Rates increases would be used as one of the tools to assist in closing the asset management gap and ensuring the Shire of Esperance remains sustainable into the future.
The review or the long term financial plan has an objective of closing the asset management gap over an approximate 10 year period and increasing rates to be closer and more consistent with the average of similar local governments in WA.
Officer’s Comment
The Local Government Act allows for differential rates to be applied to overcome an issue where the land use within the rating category is completely different and therefore valuations are significantly different. To ensure equity with the rating system it is proposed to again propose a differential rate for those properties used predominantly for mining purposes within the UV category.
The current rating structure also has a differential rate within the GRV category on those properties that are used predominantly for commercial purposes that is 4% higher than the uniform GRV rate in the dollar. This 4% premium on commercial properties generates approximately $97,993 additional income than it would if it was rated on the same GRV “rate in the dollar” as residential properties. It is proposed that this rating structure for the 2016/17 year continues with commercial properties rated 4% higher than GRV Residential properties.
Valuations are reviewed by the Valuer General and have different valuation periods for the two different rating categories. UV properties are re-valued every year and properties within the GRV category are re-valued every 3-5 year.
As 2016 is not a revaluation year for GRV properties it is expected that any rate increases can be controlled by Council to a far greater extent through any changes to the “rate in the dollar” than if it was a revaluation year.
The Long Term Financial Plan has determined that the rates yield required to ensure a balanced budget whilst allocating an additional $500,000 towards rural road re-sheeting requires an increase in yield on average of approximately 4.5%.
UV rates have been revalued and the assessment from the Valuer General (see attached) is that valuations have increased on average by 1.58%. To ensure the valuation increase is factored into the proposed “rate in the dollar”, the yield is proposed at 4.5% for the UV category but the “rate in the dollar” has only increased by 2.9%.
The recommended increase of 4.5% is lower than the previously adopted long term plan being 6.5%. This is due mainly in part to the lower inflation figures for contracts and materials, identified operational cost savings that are proposed to flow through to the 2016/17 budget and employment expenses expected to increase at a lower rate than previously expected due to current employment conditions.
Gross Rental Valuation Category
It is proposed that the rate yield in the uniform GRV category be increased by 4.5%. In addition it is proposed that a differential rate be maintained on the commercial/industrial category that is 4% higher than the uniform GRV rate.
Unimproved Category
It is proposed that the UV category be increased by 4.5% (taking into account the valuation increase) and it is again proposed that a differential rate be retained within the mining category to raise additional revenue to fund the additional impacts to the Shire. The reason that it is rated higher is to reflect the higher road infrastructure maintenance costs to the Council as a result of frequent heavy vehicle use over extensive lengths of the Shire road network.
Consultation
No community consultation has been undertaken in relation to this report. Statutory consultation is required by Section 6.36 of the Local Government Act 1995 if the recommendation is adopted. The proposed differential rate will also need be referred to the Department of Local Government for ratification by the Minister.
Financial Implications
It is estimated that the proposed rates will yield an amount of $18,757,573.
Asset Management Implications
The additional income that is proposed to be yielded from the rates increase that is over and above the normal operational and capital allocations is proposed to be spent on the rural road network and assisting in closing the asset management gap within this area.
Statutory Implications
Section 6.33,6.35 and 6.36 of the Local Government Act 1995.
Strategic Implications
Strategic Community Plan 2012-2022
Civic Leadership
4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire.
a. |
Objects and Reasons for Proposed Differential Rates |
|
b. |
Rates Model |
|
c. |
UV Revaluation Advice |
|
That Council 1. Endorse the following differential rates across all categories to form the basis of proposed rate setting for the 2016/2017 budget.
2. Adopt the objects and reasons for each of the proposed differential rates and minimum payments (as attached). 3. Authorise the Chief Executive Officer to advertise the differential rate and call for submissions in accordance with the Local Government Act 1995, Section 6.36 for a minimum of 21 days. 4. Authorise the Chief Executive Officer to seek Ministerial approval under Section 6.33 of the Local Government Act 1995 to impose differential rates for those rates that are more than twice the lowest differential rate. Voting requirement Simple Majority |
24 May 2016 Page 40
Schedule of Fees and Charges 2016/17
Author/s |
Beth O'Callaghan |
Manager Financial Services |
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D16/10719
Applicant
Corporate Resources
Location/Address
Internal
Executive Summary
To present the draft Schedule of Fees and Charges for 2016/17 for consideration and inclusion within the 2016/17 draft budget.
Recommendation in Brief
That Council endorse the attached Schedule of Fees and Charges to be included within the 2016/17 budget.
Background
Similar to previous years a draft copy of the Fees and Charges is presented to Council prior to draft budget day for review and consideration.
The Fees and Charges as presented are the current figures used to determine the draft 2016/17 budget. Fees and Charges that are new or have been varied since the 2015/16 budget have a diamond indicator for easy identification to the right of the fee.
Officer’s Comment
Some fees are set by regulatory bodies such as the Builders Registration Board; by other regulations and acts; and others are included within leases, licenses or agreements which have a base fee established and then adjusted annually by the CPI or other agreed formula.
The Schedule of Fees and Charges document contains a column named Statutory Fee Indicator. This identifies if the fee is set by a regulatory body.
Similar to previous years a Pricing Policy has been included at the front of the Schedule of Fees and Charges. It outlines the Pricing Principles used as a guide to determine the fees and charges each year.
It is proposed that the fees will be adopted formally by Council and come into force with the adoption of the budget. An endorsement of the fees prior to the budget adoption will allow staff to advise people or organisations who may be effected by any changes prior to their implementation.
There was a workshop with Council during May to go through the proposed changes.
Consultation
Internal consultation with each Department was undertaken in relation to this item.
Workshop with Council.
Financial Implications
Within the 2015/16 budget fees and charges constituted $9m or 27% of the Shire’s operating revenue for the year.
Statutory Implications
Section 6.16 of the Local Government Act 1995 provides authority for local governments to impose fees and charges when adopting the annual budget.
Fees and charges may be adopted outside of the annual budget but these require prior public advertising before implementation.
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire
A Shire that is progressive, sustainable, resilient and adaptive to changes
a. |
Schedule of Fees & Charges 2016/17 - Under Separate Cover |
|
That Council endorse the attached Schedule of Fees and Charges to be included within the 2016/17 budget. Voting Requirement Simple Majority |
Ordinary Council: Agenda
24 May 2016 Page 42
Long Term Financial Plan Review
Author/s |
Shane Burge |
Director Corporate Resources |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D16/10720
Applicant
Shire of Esperance
Location/Address
N/A
Executive Summary
For Council to consider adopting the revised Long Term Financial Plan 2016/17 – 2025/26.
Recommendation in Brief
That Council adopt the revised Long Term Financial Plan 2016/17 – 2025/26
Background
In February 2009, the Minister for Local Government announced a package of statewide-ranging local government reform strategies that were aimed at achieving greater capacity for local government to better plan, manage and deliver services to their communities with a focus on social, environmental and economic sustainability.
One of the requirements was to develop and review a long term financial plan (LTFP) that is a ten year rolling plan that informs the Corporate Business Plan to activate Strategic Community Plan priorities. From these planning processes, annual budgets that are aligned with strategic objectives can be developed.
The LTFP indicates a local government’s long term financial sustainability, allows for early identification of financial issues and their longer term impacts, shows the linkages between specific plans and strategies, and enhances the transparency and accountability of the Council to the community.
The LTFP is a high level document that should be supported by detailed information based upon assumptions, projected income and expenditure, capital work schedules, key performance indicators and scenario modeling.
Forecasts should underpin the LTFP and aim to quantify the future impacts of current decisions and identify the available options to close the gap between revenues and expenditure. Forecasting informs decision making and priority setting and assists in the management of the local government’s response to community growth or contraction. It will also assist in the management of cash flows and funding requirements, community assets and risk. There should be a high level of accuracy in the forecasts for the first 2 – 3 years, a good level of accuracy for years 4 and 5 and a reasonable level of accuracy for the remaining 5 years of the plan.
Officer’s Comment
The following information explains the major financial assumptions applicable to the Long Term Financial Plan and the major assumptions that have been used to develop the plan.
Employment Expenses
Increases in employment expenses have three main elements. These are
1. increases contained in the enterprise agreement
2. increases and movements of levels within the current workforce and;
3. additional positions that are required to meet the strategic direction of the Council and the growth of the community.
Employee costs are estimated to increase by 3% during 2016/17 and then 2.9% thereafter. Note that this increase is reflective of the Shires contribution to employment expenses and does not take into account any increases or decreases in fully funded positions such as Homecare.
Materials and Contracts
Increases in Materials and contracts are in line with the Local Government Cost Index of 2.5% plus an additional 0.2% to take into account the estimated growth in the Shire of Esperance.
Utility Charges
Utility charges have been factored in to increase by 3% for the life of the plan.
Loan Borrowings and Repayments
Loan repayments are calculated on loan schedules that are currently in existence and the estimation of any future loan borrowings. The LTFP has proposed loan borrowings of $4m for a new waste facility, $1m for a replacement Jetty and $3m for a future stage of Flinders Estate. The existing short term borrowings for Flinders Estate is proposed repaid in line with sales of the Flinders land. An assumption has been made that existing sales of land will be sufficient to fully repay the existing balance of the loan within the next year.
Reserve Transfers
Transfer to Reserves are in line with existing reserve calculations that are contained within the 2015/16 budget and increased by 3% to take into account inflation factors. In areas such as the airport or waste management these transfers could change if their net operating results changed. Continual scrutiny and review of the fees being charged in these areas are essential to ensure sufficient money is being captured in the reserves to pay for large capital expenditure in future years. Interest on Reserve holdings has been calculated at 2.5% and reinvested into the reserve.
Rate Revenue
Rate yield increases are forecast for 4.5% for 2016/17 and for the following 9 years of the plan. It is estimated that the additional income that is generated that is higher than normal operational requirements will be spent on closing the asset management gap that the Shire currently has. Council has a revenue strategy that has recommendations regarding future rate increases to assist in closing the asset management gap specifically within the transport area. It should be noted that the previous adopted long term plan had rate increases of 6.5% for the same timeframe. Revised economic and employment conditions along with a number of operational savings have been identified which has meant expected rates increases have decreased by 2%.
Operating Grants
An increase of 2.5% has been allowed for in the LTFP. Advice from the Grants Commission is that after their methodology review the General Purpose portion from the Financial Assistance Grants will initially continue to increase before levelling out in later years, although the pool of funds available from the Commonwealth Government to the WA State Government is proposed to be frozen over the next 2 years, 2.5% increase has been allowed for in later years due to the unknown nature of this income type.
Fees and Charges
Fees and Charges that Council has discretion over has been increased by 8% for the 2016/17 year to take into account the net operational effect taking back the caravan park operations will have. Increases of 3% per annum for the remaining term of the plan.
Capital Grants
Road grants from the Regional Roads Group have been estimated at the existing levels, averaged from the past two years. Regional Road Group is a competitive process and application has to be made each year for specific projects, the allocations can therefore fluctuate significantly. Roads to Recovery grants have been maintained for the life of this plan although there is a large Roads to Recovery program that is more than 3 times the normal allocation for the 2016/17 year.
A large number of the capital projects are reliant upon grants from external sources. Projects in relation to the Waste Facility, Indoor Sports Stadium and Tanker Jetty Replacement are heavily reliant upon receiving grant funding from external grant funds. If the funding from these sources does not eventuate the projects may need to be reviewed or alternate funding sourced.
Capital Expenditure
Capital Expenditure is in line with existing Asset Management Plans and has been increased by 3% in line with expected inflation figures- the asset management plans that were used in the development of the Plan has been Fleet, Footpaths, Waste and Airport.
Road expenditure is in line with existing annual allocations and increased by 3% in line with expected inflation. Additional expenditure is expected to be increased over the life of the plan to help address the asset management gap in the transport area and more specifically rural road re-sheeting. For the 2016-17 year this additional money that is proposed to be spent on rural road re-sheeting amounts to $500,000.
The 10 year capital works program has been developed in two formats showing both a source of funding format and also whether the asset is renewal, upgrade or new. As identified in the capital grants section a number of key infrastructure projects are heavily reliant upon external grant funds. If external funding from these projects does not eventuate to the amounts as indicated in the plan then the scope of each capital project will need to be revisited or the project postponed until further funding is sourced.
Consultation
The Corporate Business Plan and Strategic Community Plan have been referenced and consulted in developing the plan.
A number of workshops were held with Council to go through a number of scenarios and assumptions.
Financial Implications
Although the adoption of the Long Term Financial Plan does not have any financial implications, the annual budget will be drafted in line with the Long Term Financial Plan.
The LTFP also documents the implications of sustainability for the Shire over a 10 year period and the implications from a financial perspective of the assumptions that underpin the plan.
Asset Management Implications
The Long Term Financial Plan sets out the strategies to close the life cycle gap and still ensure service delivery is maintained at an acceptable level to the community.
Statutory Implications
Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 Section 19 outlines what is required of Planning for Future documents.
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire
A Shire that is progressive, sustainable, resilient and adaptive to changes
Corporate Business Plan 2013/2014 – 2016/2017
4.5.1.3 Annual Review of Long Term Financial Plan
a. |
Long Term Financial Plan - Under Separate Cover |
|
That Council 1. Adopt the Long Term Financial Plan 2016/17 – 2025/26. 2. Request the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995. Voting Requirement Absolute Majority |
Ordinary Council: Agenda
24 May 2016 Page 46
Financial Services Report - April 2016
Author/s |
Beth O'Callaghan |
Manager Financial Services |
Authorisor/s |
Shane Burge |
Director Corporate Resources |
File Ref: D16/11357
a. |
Monthly Financial Report - April 2016 |
|
That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of April as attached be received. Voting Requirement Simple Majority |
24 May 2016 Page 93
WALGA Annual General Meeting and WA Local Government Convention 2016
Author/s |
Helen Hall |
Executive Assistant |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D16/9256
Applicant
Executive Services
Location/Address
Internal
Executive Summary
For Council to nominate two (2) Council voting delegates for the 2016 WALGA Annual General Meeting, to be held in Perth on the 3 August 2016, as part of the Annual Local Government Convention.
Recommendation in Brief
That Council nominate Councillors __________________________ as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 3 August 2016. Councillor/s_____________________________________________ and the CEO will attend the 2016 Western Australian Local Government Convention held in Perth on 4 and 5 August 2016.
Background
The 2016 WA Local Government Convention & Trade Exhibition (Local Government Week) will be held Wednesday, 3 August – Friday 5 August 2016 at the Perth Convention & Exhibition Centre (PCEC).
As per previous Local Government Weeks, WALGA will hold its Annual General
Meeting, to discuss and consider local government industry issues. Each
member Council of WALGA has the ability to elect two (2) voting delegates to
participate at the WALGA Annual General Meeting (non-voting delegates are also
able and encouraged to attend).
Officer’s Comment
Attendance at the annual WA Local Government Convention is open to all Councillors. Registration fees, travel and accommodation expenses will be paid by Council in advance for any Elected Member(s) choosing to attend the WA Local Government Convention. This year’s convention theme is “Local Impact”. Convention information & registration pamphlets have already been distributed to all Councillors.
As a member of WALGA, it is important that Council also attend WALGA’s Annual General Meeting, requiring the election of voting delegates by Council.
Financial Implications
The costs associated for this conference can be accommodated within 2015/16 budget: Members of
Council Travel, Accommodation and Conference expenses. Anticipated costs are approximately $3,625 per delegate comprising registration of $1,475; airfares in the vicinity of $500 and accommodation of approximately $800 per delegate plus meals and other miscellaneous expenses.
Policy Implications
Council Policy EXEC-007: Elected Member Entitlements
Strategic Implications
Strategic Community Plan 2012-2022
Civic Leadership
4.5 Be innovative in the management of the Shire operations, services, staff and resources to create a resilient and financially stable Shire.
a. |
Notification - 2016 WA Local Government Convention |
|
b. |
WALGA - Local Government Convention - Local Impact - 2016 |
|
c. |
WALGA - Notice of AGM - 3 August 2016 |
|
1. That Council nominate Councillors _____________ and ________________ as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 3 August 2016.
2. That Councillor/s_________________________________________________ and the CEO to attend the 2016 Western Australian Local Government Convention held in Perth on 4 and 5 August 2016.
Voting Requirement Simple Majority |
Shire of Esperance Standing Orders Local Law 2015
Author/s |
Karen Naylor |
Project Reporting Officer |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D16/10622
Applicant
Internal
Location/Address
The Shire of Esperance
Executive Summary
For Council to continue the review of the Shire’s suite of Local Laws. This report item refers to the proposed draft Standing Orders Local Law 2015 and incorporates minor changes suggested by the Department of Local Government and Communities.
Recommendation in Brief
That Council:
1. Endorse the draft Shire of Esperance Standing Orders Local Law 2015.
2. Requests the CEO undertake all the required statutory advertising.
Background
Council endorsed the draft Standing Orders Local Law 2015 (refer Point 5) at a meeting held on the 26th May 2015, Council resolved as follows:
“That Council, as a result of the full review of Local Laws:
1. Accepts that the following Local Laws remain unchanged;
· Bushfire Brigades Local Law 2002
· Health Local Law 2002;
2. Repeals the following Local Laws;
· Fencing Local Law 2002;
· Pest Plants Local Law 1979;
· Signs Local Law 2004; and the
· Standing Orders 2001
3. Endorse the Shire of Esperance Amendment Local Law, as detailed in Appendix A, with reference to the following Local Laws;
· Cemeteries Local Law 2002
· Dogs Local Law 2002; and the
· Extractive Industries Local Law 2001
4. Endorse the new Shire of Esperance Fencing Local Law 2015 as detailed in Appendix B.
5. Endorse the new Shire of Esperance Standing Orders Local Law 2015 as detailed in Appendix C.
6. Endorse the new Shire of Esperance Cats Local Law 2015 as detailed in Appendix D.
7. Requests the CEO undertake all the required statutory advertising relating to points 1-6 above.”
The proposed Fencing, Standing Orders and General Amendment Local Laws were subsequently advertised pursuant to Section 3.12(3) of the Local Government Act 1995, inviting submissions closing on 28th August 2015.
Council resolved to make the draft Standing Orders Local Law 2015 (refer Point 4) at a meeting held on the 22nd September 2015, Council resolved as follows:
That Council, as a result of the full review of Local Laws:
1. Council notes that no submissions have been received that require consideration in accordance with Section 3.12(4) of the Local Government Act 1995.
2. Resolves to make the Shire of Esperance Amendment Local Law 2015 as detailed in Appendix A.
3. Resolves to make the Shire of Esperance Fencing Local Law 2015 as detailed in Appendix B.
4. Resolves to make the Shire of Esperance Standing Orders Local Law 2015 as detailed in Appendix C.
5. Requests the CEO undertake all the required statutory advertising relating to points 2-4 above.
Section 3.12(4) of the Local Government Act 1995 requires Council to consider any submissions received prior to resolving to make a local law. No public submissions were received during the advertising period.
As per 3.12(3)(b) a copy of the proposed Local Law was sent to the Minister for Local Government and Communities and a response was received from the Minister detailing some suggested changes to the draft local law. These changes have been incorporated into the draft document and included as an attachment to the report item.
Officer’s Comment:
The suggestions provided by the Department of Local Government and Communities refer to Appendix B, assisted the Shire with drafting matters in relation to the local law and have been included in the draft Shire of Esperance Standing Orders Local Law 2015 as detailed in Appendix A.
Notice is given, pursuant to Section 3.12(2) of the Local Government Act 1995 that the Shire of Esperance proposes to make the following Local Laws:
· Standing Orders Local Law 2015
The purpose of the Standing Orders Local Law 2015 is to replace the Standing Orders Local Law 2001. This proposed replacement allows for the extended time and number of Public addresses, a provision for electronic petitions, amending the time applicable to motions, management of briefing sessions, establish what constitutes a disturbance and the means of dealing with the disturbance and provision to call a meeting to hear public submissions outside of an OCM and the provision to manage briefings and other informal meetings.
The effect of this local law will be to more accurately reflect current legislation and operational practices as applied by the Council in the conduct of Council, Committee and other meetings.
Consultation
WALGA
With Council during briefing sessions.
Community submissions during the review process.
Financial Implications
The financial implications arising from this report will be restricted to advertising costs and resource time during the review process.
Statutory Implications
The statutory implications associated with this item are:
· Local Government Act 1995 (s3.12 and s3.16)
Strategic Implications
Strategic Community Plan 2012-2022
Civic Leadership
Strategy 4.2 Maintain a clear, transparent and ethical decision making process
Strategy 4.3 Ensure open and consistent communication between the Shire and the community
Corporate Business Plan 2015/2016 – 2018/2019
Action 4.2.1.2 Review Shires suite of Local Laws
Action 4.3.1.2 Manage Corporate Reporting
a. |
Local Law - Standing Orders Local Law 2015 - Draft (DLGC recommendations) |
|
b. |
Letter DLGC - Changes to Shire of Esperance Standing Orders Local Law 2015 |
|
That Council, as a result of the full review of Local Laws: 1. Endorse the Shire of Esperance Standing Orders Local Law 2015. 2. Requests the CEO undertake all the required statutory advertising.
Voting Requirement Absolute Majority |
Item: 12.6.2 |
Attachment a.: Local Law - Standing Orders Local Law 2015 - Draft (DLGC recommendations) |
Ordinary Council: Agenda
24 May 2016 Page 149
Information Bulletin - April 2016
Author/s |
Sarah Fitzgerald |
Administation Officer |
Authorisor/s |
Matthew Scott |
Chief Executive Officer |
File Ref: D16/11371
Applicant
Internal
Strategic Implications
Strategic Community Plan 2012 - 2022
Civic Leadership
Ensure open and consistent communication between the Shire and the community
A community who is aware of Council decisions and activities
a. |
Information Bulletin - April 2016 |
|
b. |
Register - Delegations Discharge – Corporate Resources |
|
c. |
Minutes - GVROC Meeting - 22 April 2016 - Under Separate Cover |
|
d. |
Interplan report - April 2016 - Under Separate Cover |
|
e. |
Letter - Thank you - Goldfields-Esperance Regional Investment Blueprint |
|
That Council accepts the Information Bulletin for February 2016 including; 1. Register - Delegations Discharge – Corporate Resources 2. Minutes - GVROC Officers Technical Working Group Meeting - 18 March 2016 3. Interplan report – January 2016 4. Letter – Thank you – Goldfields-Esperance Regional Investment Blueprint Voting Requirement Simple Majority |
24 May 2016 Page 164
Minutes of Committees
Author/s |
Lynda Horn |
Community Support Officer |
Authorisor/s |
Terry Sargent |
Director External Services |
File Ref: D16/10674
a. |
Lake Monjingup Community Development Group – 27 April 2016 |
|
b. |
Ralph Bower Adventureland Park Working Group – 28 April 2016 |
|
c. |
Greater Sports Ground Redevelopment Committee – 4 May 2016 |
|
That Council receive the following committee minutes: 1. Lake Monjingup Community Development Group – 27 April 2016 2. Ralph Bower Adventureland Park Working Group – 28 April 2016 3. Greater Sports Ground Redevelopment Committee – 4 May 2016 Voting Requirement Simple Majority
|
24 May 2016 Page 186
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.
Lease amendment request - Lot 47 Shark Lake Rd Monjingup
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)).
Legal Proceedings Recommendation - Council Endorsement Request - Lot 643 (73) Norseman Rd Castletown
Confidential Item
This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)); and legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(d)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)); and a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)); and a matter that if disclosed, could be reasonably expected to impair the effectiveness of any lawful method of procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law (Section 5.23(2)(f)(i)).
18. PUBLIC QUESTION TIME
19. CLOSURE