Ordinary Council: Agenda

22 November 2016 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.

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Ordinary Council: Agenda

22 November 2016 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 22 November 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 Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Manager Strategic Planning & Land Projects

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

QUESTIONS TAKEN ON NOTICE – OCTOBER ORDINARY COUNCIL MEETING

Asked by Mrs H D’Emden

Answered by Mr Terry Sargant – Acting Chief Executive Officer

Are the current manager positions of Library & Local History, Volunteer Resource Centre and Community Emergency Services to be made redundant as the Manager Esperance Homecare position was?

The recent restructure and change that affected the Esperance Homecare Service was consistent with changes already at Local Government Homecare Services in Bunbury, Kalgoorile and comparable Shire services throughout Western Australia. In the current climate it is necessary to improve the value received from money spent on management salaries across all operating areas of the Shire. This has become necessary to ensure that reduced government funding has the least possible impact on client services.

NB: State wide HA CC Funding has been reduced by $9.5 Million in the past two years without affecting Esperance. We have to expect funding cuts to eventually flow through to our service and be prepared for when it happens.

The former manager of the Esperance Homecare Service was made redundant because she chose not to make herself available for a modified alternate position. The other positions mentioned are Coordinator Level positions not managers. There are no other redundancies as a result of the recent restructure.

Where will the replacement position, Manager Community Support be funded from?

Because this new management position has responsibilities over a number of areas, only 50% of the salary cost will be allocated to Homecare Services and the balance will be allocated to other operational areas.

This will result in an opportunity for the balance of the former manager's salary to be allocated to other resources within the Homecare service. This will lead to more resources available for dellvery of client services and less money spent on Manager's' salary.

Does this restructure mean the manager positions at the Library & Local History, Volunteer Resource Centre and Community Emergency Services will earn less money to fund the new position?

No. And as previously noted these positions are Coordinator rather than Manager positions

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 25 October 2016, and the Special Council Meeting of the 8 November 2016 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Proposed Road Closure - Portion of the Esplande, Esperance

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/25252

Applicant

Internal (Strategic Planning and Land Projects)

Location/Address

Portion of The Esplanade adjacent the Headland

Executive Summary

For Council to consider closing a portion of The Esplanade, Esperance.

Recommendation in Brief

That Council:

1. Request the Minister of Lands to close a portion of the road reserve known as The Esplanade under Section 58 (1) of the Land Administration Act 1997.

2. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the Shire of Esperance.

Background

At the Ordinary Council Meeting held on 26^th July 2016, Council resolved (O0716-009):

That Council resolve to commence the road closure process for a portion of The Esplanade, Esperance, in accordance with Section 58 of the Land Administration Act 1997.

Subsequent to this resolution, the proposed Road Closure was advertised from 24 August 2016 to 30 September 2016. Twelve (12) submissions were received at the end of the advertising period, all of which were from servicing agencies and government departments. No submissions objected to the proposal.

Officer’s Comment

A new public toilet was constructed at the headland as part of the waterfront project.

It has become apparent that the public toilet has been constructed partially within the road reserve.

There are two options available to address this matter being either the closure of a portion of road to contain the building or otherwise extend the road reserve to contain the entire building. In this instance as only a small portion of the building extends into the road reserve it is considered appropriate to pursue the closure of a portion of the Esplanade, Esperance.

Should Council wish to proceed with the closure, a formal request would be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road and amalgamate the road reserve into the adjoining reserve.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which required a minimum 35 day public comment/referral period to all affected landowners and government agencies.

Advertising was undertaken between 24 August 2016 and the 30 September 2016. A notice was also placed in the Esperance Express on 26 August 2016

At the closure of the advertising no public submissions had been received and 12 agency submissions had been received. There were no objections to the proposed road closure.

Financial Implications

Once the proposal has been formally adopted by Council, all costs associated with the road closure process in regard to title adjustments and new titles are to be met by the Shire of Esperance. Furthermore, at this stage the Shire of Esperance will need to indemnify the Minister of all costs and charges in association with the closure.

Asset Management Implications

The portion of The Esplanade, Esperance that will be closed will be incorporated into the adjoining Reserve.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

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

A community with high quality and efficient buildings and development

Environmental Considerations

N/A

Attachments

a ⇩.	Schedule Of Submissions - Proposed Closure of Road Reserve - Portion Of The Esplanade, Esperance

Officer’s Recommendation

That Council

1. Request the Minister of Lands to close a portion of the road reserve known as The Esplanade under Section 58 (1) of the Land Administration Act 1997.

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the Shire of Esperance.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 November 2016 Page 15

PROPOSED CLOSURE OF ROAD RESERVE - PORTION OF THE ESPLANADE, ESPERANCE – SCHEDULE OF SUBMISSIONS

Submission #	Submittors Details	Submission Comments	Planning Services Comments
1	Department of Lands Level 2, 140 William Street PERTH WA 6000	No issues with the proposals, as road falls under the care, control and managed of the Local Government.	Noted
2	Main Roads Western Australia PO Box 99 KALGOORLIE WA 6433	No Objection	Noted
3	Department of Planning Locked Bag 2506 PERTH WA 6000	No objection subject to the following: 1. The land subject to the road closure will be amalgamated into adjacent Reserve 2. The closed road is be reclassified to reflect the intended land use by way of an amendment to the Shire of Esperance Town Planning Scheme No. 23 or as part of the next Scheme review	Noted
4	Department of Fire and Emergency Services 5 Hercules Crescent ALBANY WA 6330	No Objection	Noted
5	Department of Health PO Box 8172 PERTH BUSINESS CENTRE WA 6849	No Objection	Noted
6	Tourism Western Australia GPO Box X2261 PERTH WA 6847	No Comment	Noted
7	State Heritage Office PO Box 7479 CLOISTERS SQUARE PO WA 6850	No Objection	Noted
8	Department of Fire and Emergency Services PO Box 2068 ESPERANCE WA 6450	No Objection or Concern	Noted
9	Department of Environment Regulation Locked Bag 33 CLOISTERS SQUARE WA 6850	The road is situated in an area classified under the Contaminated Sites Act 2003 (the CS Act) as 'contaminated - remediation required' on 16 April 2012, which forms part of the Esperance Foreshore development. The classification was based on the presence of hydrocarbon contaminated groundwater beneath the site. Section 58(6)(b) of the CS Act requires that a responsible authority is not to grant approval under a scheme for any proposed development of the land, without seeking, and taking into account, DER advice as to the suitability of the land for the proposed development. On this occasion, no development is proposed, therefore DER advice is not required and DER has no objection to the closure of the road.	Noted
11	Horizon Power 143 Sims Street ESPERANCE WA 6450	No Objection	Noted
12	Water Corporation 629 Newcastle Street LEEDERVILLE WA 6007	No Objection	Noted

Ordinary Council: Agenda

22 November 2016 Page 17

Item: 12.1.2

Authority to Sell - Lots 861 & 862 Hockey Place

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Terry Sargent	Director External Services

File Ref: D16/25435

Applicant

Internal Report

Location/Address

Executive Summary

Council adopted amendment 3 to local Planning Scheme No. 23 (rezoning a portion of Lot 250 Hockey Place to “Residential”) in August 2010. Approval is now sought to offer Lots 861 & 862 Hockey Place for sale by tender.

Recommendation in Brief

That Council request the CEO to offer Lots 861 & 862 Hockey for sale by tender.

Background

Council resolved to initiate Local Planning Scheme No. 23 – Amendment 3 at the Ordinary Council Meeting held on the 23^rd March 2010. The proposed amendment was then forwarded for comment to the EPA and advertised for public comment. Following this process Council made the following resolution on the 24^th August 2010:

That Council:

1. Notes the submissions received in relation to Local Planning Scheme No.23 Amendment No. 3;

2. Adopts Local Planning Scheme No. 23 Amendment No. 3 for final approval without modification, by:

a. Amending the Scheme Map by rezoning a portion of Lot 250 Hockey Place to “Residential” with a density of R12.5/R20 as depicted on the Amendment map.

3. Authorises the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 3 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

4. Advises the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 3.

All required approvals have now been received and works undertaken, with titles applied for and awaiting receipt.

Officer’s Comment

With titles now applied for the Shire is in a position to offer these two lots for sale as was the original purpose of the rezoning. It is proposed to delay issuing the tender until confirmation that the new titles have issued to ensure that there are no delays in the event that an acceptable tender is received.

The outcome of the tender process will require a report to Council with any decision regarding the sale of otherwise of these properties being Council’s, approval of this agenda item will purely enable the tender to issue.

It is proposed that these lots be offered for sale by Tender in the first instance as has been consistent with past Shire practice when disposing of land parcels of this type. Under the Local Government Act 1995, Council can is required to undertake an open and transparent process when looking to dispose of property. For transactions of this nature a public auction or public tender are the accepted methods. In the event that this property does not sell by tender then it can be offered to the market on an Offer and Acceptance basis for a limited time.

A licensed valuation will be obtained and provided to Council when the results of the tender processa re brought back to Council.

Consultation

The work to get these two blocks rezoned and ready for sale was carried out by Planning Services and Asset Management.

Financial Implications

The only financial implications arising from this report are the advertising costs associated with issuing the tender and some ancillary costs (licensed valuation etc) required in order for Council to consider any submissions. These costs are expected to be under $1,000 and can be dealt with at Budget Review.

It is proposed that all proceeds for the sale of this property be placed in the Land development Reserve, however this will dealt with when the outcome of the tender process is brought back to Council.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are contained within:

Local Government Act 1995

Section 3.58 – Disposing of Property

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012 - 2022

Economic

Advocate and plan for population growth and diverse residential and economic development in a sustainable manner

A growing Shire supported by improved job opportunities and diversity in our industries, businesses and housing

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council request the CEO to offer Lots 861 & 862 for sale by tender.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 November 2016 Page 20

Item: 12.1.3

Local Planning Scheme No. 23 Amendment 21 - Final Approval

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D16/26298

Applicant

RPS Australia East Pty Ltd on behalf of J & S Smith

Location/Address

Lot 4 Warden Road, Chadwick

Executive Summary

For Council to consider the final approval for Amendment No. 21 to Local Planning Scheme No. 23 for the inclusion of an additional use on Lot 4 Warden Road, Chadwick for the purposes of a Caravan Park.

Recommendation in Brief

That Council resolves to refuse Final Approval to Amendment 21 and forward the Amendment 21 documentation to the Western Australian Planning Commission requesting formal refusal of the Amendment.

Background

Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 23 (‘the Scheme’) was published in the Government Gazette on 19 February 2010.

Following discussions with Council in October 2014 shire officers were asked to investigate whether usage of the property had been approved for RV accommodation. During a records search, no approvals could be located, and subsequently a letter was served on the owners of Lot 4 Warden Road indicating that the use must cease until approvals are granted. The owners were also informed that the current Rural Residential zone would not allow for approvals for a Caravan Park and that some form of rezoning would be required. The owners have since hired RPS Australia East Pty Ltd to seek an additional use under Local Planning Scheme No. 23 for the property to allow for the operation of a Caravan Park.

Preliminary documents for Amendment 21 were submitted on 7 June 2016 and following discussions with Planning Services, finalised documents were received on 29 June 2016.

Amendment 21 was initiated at the Ordinary Council Meeting held on 26 July 2016, as was subsequently referred to the EPA and WAPC for consent to advertise. Both the EPA and WAPC referrals were returned by 26 August 2016. The amendment was advertised between 31 August 2016 and 21 October 2016, being 52 days. Advertising consisted of:

· Advertising notice in the Esperance Express – 7 September 2016;

· Sign being placed on site;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to government departments, servicing agencies, and the surrounding landowners.

At the close of the advertising period a total of twenty one (21) submissions were received, twelve (12) submissions were from servicing and government agencies, nine (9) were from adjoining landowners or concerned ratepayers.

Officer’s Comment

In accordance with Planning and Development (Local Planning Schemes) Regulations 2015, Local Planning Scheme No. 23 (LPS 23) Amendment No. 19 was referred to the Environmental Protection Authority (EPA) for a determination to be made under Section 48A of the Environmental Protection Act 1986.

The EPA advised the Shire of Esperance via letter dated 22 August 2016 that after consideration of the LPS 23 Amendment No. 21 documentation, that the proposed scheme amendment was not required to be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations on the Scheme Amendment.

All twelve (12) of the submissions from servicing and government agencies gave no comment or no objection to the proposed amendment. All nine (9) of the submissions from surrounding landowners or concerned ratepayers objected to the proposal.

The objections received from the surrounding landowners and concerned ratepayers largely revolved around several primary areas of concern, these being:

1. Justification and Documentation:

· The ‘Land for Wildlife’ report was a Department of Parks and Wildlife Report to advise landowners of the qualities of their land and how to improve and maintain it. The report was not to justify caravan parks or camping grounds;

· The amendment indicates that the Caravan Park is to ‘supplement the income of the Yabby Farm’, aren’t there other options?

2. Environmental Impact:

· Potential impact on the Lake Warden Wetlands;

· Potential draw and impact on groundwater (Some objections indicate increased salinity);

· Disposal of effluent.

3. Traffic and Infrastructure:

· The current construction of Warden Road being insufficient to handle large and heavy vehicles. The cul-de-sacs in particular have insufficient space to accommodate turning caravans;

· One-way-in One-way-out arrangement presenting a risk if the site needs to be evacuated;

· Existing entrance to Lot 4 Warden Road being at the top of a blind hill being insufficient and unsafe.

4. Bushfire Management;

· Heavy vegetation and fuel load in the area presenting risks in the event of campfires on site, or even just from carelessly thrown cigarettes;

· One-way-in One-way-out arrangement presenting a risk during a bushfire.

5. Amenity:

· Quality of Patrons;

· Potential and past trespass on adjoining properties by patrons of the Caravan Park;

· Vehicle Noise.

· Impact on property values;

6. Scheme Requirements:

· Not in accordance with the Rural Residential zone under Local Planning Scheme No. 23;

· Not in accordance with draft Local Planning Scheme No. 24

Please note that this is only a basic summary of the objections received. All objections and a schedule of submissions are attached to this report.

Planning Services acknowledges that the ‘Land for Wildlife’ report by the Department of Parks and Wildlife was initially for the use of landowners and was not meant as a Land Capability Assessment, however referrals to the EPA, Department of Environmental Regulation and Department of Parks and Wildlife have indicated that the three Departments are willing to allow for the rezoning of the land based on the information in the report.

The applicant’s justification that the Caravan Park is to supplement the income of the Yabby Farm is also acceptable. The concept of operating a small home based business or renting out buildings on a property is perfectly acceptable, however a case can be made that using a property as a Caravan Park exceeds acceptable limits and may cause unacceptable impact on the area.

In terms of potential impact on the Lake Warden Wetlands, it is understandable for someone seeking to operate tourist accommodation to be located in proximity to a tourist attraction such as the RAMSAR wetlands. However it is noted that there is no tourist infrastructure (boardwalks, formal walking trails, etc) in the area, and that tourists seeking to interact with the wetlands may cause damage to the wetlands walking through the Lake Warden Reserve outside of formal trails.

The potential impact from Effluent Disposal is also questionable. The Yabby Farm at this time has approval for the disposal of wastewater from the Yabby Farm by way of trickle and/or spray irrigation over an approved area of the site. An increased effluent load or increased draw on borewater on the property from operation of a Caravan Park may have some degree of impact on either groundwater or Lake Warden, however it is difficult to ascertain what this impact would be. Should the rezoning go-ahead, a full land capability assessment will need to be supplied with any Application for Planning Approval, to demonstrate that the land is capable of supporting all development on site without adverse impact on the surrounding properties and wetlands. It is noted that all bores on the property must be appropriately licensed by the Department of Water.

At the request of Shire of Esperance (Planning Services), Shire of Esperance (Asset Management Division) has examined the entrances to Lot 4 Warden Road, as well as the surrounding road network and advises the following:

- The sight distance at the access point will need to be addressed to provide for safe access and egress from the site.

- The vertical alignment of the road is substandard due to the topography of the land.

- The sealed road width is adequate for the movement of caravans.

Asset Management requests that a Road Safety Audit and Transport Impact Statement be provided (and subsequently assessed by Asset Management Division) as part of any Application for Planning Approval, and that the access point should be relocated to provide an adequate sight distance.

There is significant concern regarding bushfire risk in the Warden Road precinct, due to substantial amounts of vegetation and fuel on nearby crown land. The most recent subdivision in the area, for five lots on the corner of Warden Road and Kipping Road required the provision of building envelopes and fire breaks on all five lots. That said, Shire Maps only indicate half of Lot 4 Warden Road to be bushfire prone. It is suggested that if the property is rezoned that any application for Planning Approval be accompanied by a full Bushfire Management Plan and Emergency Response Plan to ensure the safety of residents and patrons in the event of a bushfire or emergency requiring evacuation of the property/premises.

The amenity issues are difficult to address from a Planning perspective. The concerns regarding quality of patrons and concerns regarding ‘feral looking individuals’ fall outside Planning legislation, although Planning Services acknowledges that this is a concern for local residents and that there will be an impact. Concerns regarding trespassers are a matter for the WA Police. There will also be an increased impact from Vehicle Noise, though the level of this impact is debatable and largely based on the type of vehicle used by potential patrons. Lastly property values are not a valid planning concern.

Planning Services also states that the proposal is not in accordance with the Objectives of the Rural Residential zone under Local Planning Scheme No. 23 of which the relevant objectives are as follows:

a. Provide for large lots primarily for single residential development whilst ensuring development does not have a detrimental impact on environmental or landscape values including vegetation, wetlands and drinking water supply; and

b. Ensure development is residential in nature, limiting additional uses to those that are minor in nature or incidental to the residential use.

Should Amendment 21 be granted final approval, it will be incorporated into Local Planning Scheme No. 24 as modifications.

Options:

Option 1:

That Council:

1. Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 21.

2. Resolve to refuse Final Approval to Amendment 21 and forward the Local Planning Scheme No. 23 Amendment No. 21 documentation to the Western Australian Planning Commission seeking formal refusal by the Hon. Minister for Planning.

3. Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 19.

Option 2:

That Council:

1. Resolve to grant final approval to Amendment 21 to Local Planning Scheme No. 23;

2. Adopt Local Planning Scheme No. 23 Amendment No. 21 with the following modifications:

i. Inserting into Development Standards/Conditions as Point 6: A Transport Impact Statement is to be provided with any application for planning approval;

ii. Inserting into Development Standards/Conditions as Point 7: A Road Safety Audit is to be provided with any application for planning approval;

iii. Inserting into Development Standards/Conditions as Point 8: A Land Capability Assessment (including Groundwater and Nutrient Loading) is to be provided with any application for planning approval;

iv. Inserting into Development Standards/Conditions as Point 9: A Water Management Assessment is to be provided with any application for planning approval;

v. Inserting into Development Standards/Conditions as Point 10: A Bushfire Management Plan is to be provided with any application for planning approval;

vi. Inserting into Development Standards/Conditions as Point 11: A Noise Management Plan is to be provided with any application for planning approval;

3. Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 21 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

4. Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 21.

Consultation

LPS 23 Amendment No. 21 was advertised for public comment in accordance with the provisions of the Town Planning Regulations 1967 and the Planning and Development Act 2005. The advertising was commenced on the 31 August 2016 and 21 October 2016 being a period of 52 days. Advertising consisted of:

· Advertising notice in the Esperance Express – 7 September 2016;

· Sign being placed on site;

· Amendment documentation being available via the Shire of Esperance’s website; and

· Referral letters to government departments, servicing agencies, and the surrounding landowners.

Financial Implications

Application fees totalling $5,400.00 were received as part of this amendment.

Asset Management Implications

There are no asset management implications at this stage.

Statutory Implications

The statutory implications associated with this item are:

· Planning and Development Act 2005

· Planning and Development (Local Planning Schemes) Regulations 2015

· Local Planning Scheme No. 23

· Draft Local Planning Scheme No. 24

Policy Implications

The policy implications arising from this report are:

· Local Planning Strategy

Strategic Implications

Strategic Community Plan 2012-2022

Economic

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

Environmental Considerations

There are no environmental implications at this stage, given that the proposal is only for rezoning and not for the actual operation of a Caravan Park on the site.

Attachments

a ⇩.	Schedule of Submissions
b ⇩.	Objections
c ⇨.	Scheme Amendment Documentation - Under Separate Cover

Officer’s Recommendation

That Council:

1. Note and uphold the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 21.

3. Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 21.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 November 2016 Page 61

12.2 Asset Management

Nil

12.3 Corporate Resources

Item: 12.3.1

Self Supporting Loan - Cascade Town Recreation Association (Inc)

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

File Ref: D16/26184

Applicant

Cascade Town Recreation Association (Inc).

Location/Address

Lot 49 Mitten Watson Road, Cascade.

Executive Summary

This report recommends approval of a new self supporting loan of $70,000 for the purpose of assisting with renovations and building of new bathroom facilities at the community hall in Cascade.

Recommendation in Brief

That Council agrees to provide a self supporting loan of $70,000 to Cascade Town Recreation Association (Inc) for a term of 3 years (with the option to refinance at end of year 3) for the purpose of assisting with renovations and building of new bathroom facilities at the community hall in Cascade.

Background

Cascade Town Recreation Association (CTRA) are nearing the completion of renovations and building of new bathroom facilities at the community hall in Cascade.

CTRA has received Royalties for Regions grant of $90,000 and a contribution from the Shire of Esperance of $40,000 as well as $100,000 of their own funds for the project.

Due to some unforeseen costs associated with the project it is now estimated to cost approximately $300,000 therefore CTRA is applying to the Shire for a self supporting loan of $70,000 to cover the shortfall. CTRA have requested the loan over a 3 year term with quarterly repayments. (See attachment A.)

The builder in charge of the project is Wayne (Buck) Rodgers.

Officer’s Comment

In making a determination with regards to this self supporting loan application the repayment ability and security need to be addressed.

Repayment Ability: Audited financial statements for the last 3 financial years have been provided in support of the application. A 3 year budgeted cashflow has also been provided. (See attachment B).

The association is fundraising to assist with meeting their loan repayments with a community crop for 2016/17 and 2017/18; and a monster auction in 2018/19. These major fundraising activities have been successful in the past and there is no reason to think this would not continue to be the case. The fundraising from these activities if similar to earlier years will be sufficient to cover the loan repayments for the next three years. Attachment C is a letter from the Association confirming their commitment to fundraising to meet loan repayments over the next three to four years.

Western Australia Treasury Corporation (WATC) provided a number of scenarios for a repayment schedule. CTRA has opted for a three year term with lower annual repayments for the first two years and a larger final payment at the end of the loan.

This option provides CTRA time to raise funds to meet repayments over the three years and not cause unnecessary hardship. This option based on their budgeted cashflow for the next three years provides adequate retained earnings (after loan repayments) each year as a contingency for any unexpected significant expenditure. There would also be the option to refinance the loan at year 3 if CTRA was unable to meet the residual amount at the end of the loan. The loan repayments are presented in the table below.

Repayments
Financial Year	2016/17	2017/18	2018/19	2019/20
Jul Payment		$3,703	$3,703	$3,703
Oct Payment		$3,703	$3,703	$32,615
Jan Payment	$3,703	$3,703	$3,703
Apr Payment	$3,703	$3,703	$3,703
Total	$7,406	$14,812	$14,812	$36,318

Security: Standard practice for a self supporting loan is that personal guarantees are sought from within the membership group who will benefit from the loan provision. Cascade Town Recreation Association (Inc) has provided a list of ten guarantors. Loan documents between the Shire and the Association must be signed along with all the guarantors before any funds are released.

The Association has had self supporting loans in the past and has always met their loan repayment requirements by the due date.

Although Council is at risk relying on the Association to fundraise to meet loan repayments the risk is somewhat reduced by the guarantors, previous repayment history and successful fundraising in the past.

Advertising for this loan will not be required as it was included in the 2016/17 Statutory Budget recently adopted in July 2016.

Consultation

Western Australia Treasury Corporation

Financial Implications

All self supporting loans are included as a total liability of the shire regardless of any loan agreements and guarantors that it has with the community group or club. This means that any increases in self supporting loans will decrease the borrowing capacity of the Shire.

Asset Management Implications

Nil

Statutory Implications

Section 6.20 (1) of the Local Government Act (1995) provides the power to borrow. Section 6.20 (2), requires that where the establishment of a loan occurs outside the budget adoption process, that one month’s public notice of the proposal be given and must be resolved by an absolute majority.

Policy Implications

The policy implications arising from this report are CORP 002: Financial Management (Loan Funding) – Council will consider loan funding that is prudent and within guidelines and ratios as identified by the Department of Local Government. Loan funding will be guided by those loans that are proposed in the Long Term Financial Plan. An exception to this is self supporting loans.

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

Manage Financial Services

Environmental Considerations

Nil

Attachments

a ⇩.	Letter from Cascade Town Recreation Association requesting Self Supporting Loan
b ⇩.	Cascade Town Recreation Association Budgeted Cashflow
c ⇩.	Letter of Commitment to Fundraise from Cascade Town Recreation Association

Officer’s Recommendation

Voting Requirement Absolute Majority

Ordinary Council: Agenda

22 November 2016 Page 122

12.4 Executive Services

Item: 12.4.1

2015-2016 Annual Report

Author/s	Priscilla Davies	Manager Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D16/27130

Applicant

Executive Services

Location/Address

N/A

Executive Summary

To present to Council for acceptance the 2015 - 2016 Annual Report and to set a date and time for the Shire’s Annual General Meeting of Electors.

Recommendation in Brief

That Council:

1. Accepts the 2015 - 2016 Annual Report as presented.

2. Convenes the annual general meeting of electors for 7pm Thursday 15^th December at the Esperance Civic Centre.

3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2015 - 2016 Annual Report and the time and date of the annual general meeting of electors.

Background

Pursuant to sections of 5.53 and 5.54 of the Local Government Act 1995, the Shire is required to prepare an Annual Report and present it to Council for acceptance by 31^st December of each calendar year.

Furthermore, section 5.57 of the Local Government Act 1995 stipulates that a general meeting of electors is to be held once every financial year but not more than 56 days after the local government accepts the Annual Report for the previous financial year.

A significant proportion of the Annual Report are the Annual Financial Statements and Associated Notes. A meeting of the Audit Committee was convened on the 8^th November 2016 at 10.30am, no issues were raised and the Audit Committee endorsed the audited 2015 - 2016 Financial Statements and Associated Notes.

Officer’s Comment

A copy of the 2015 - 2016 Annual Report has been distributed under separate cover for the consideration of Elected Members. The Annual Report includes a full copy of the endorsed 2015 - 2016 Annual Financial Report.

It is suggested that the annual electors meeting be held on 15th December 2016. To comply with statutory obligations, a minimum of two weeks notice must be provided to the community regarding the annual electors meeting once accepted by Council.

Consultation

Chief Executive Officer

Executive Services

Corporate Resources

External Services

Asset Management

Financial Implications

Advertising costs are within the Council Connections budget.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are sections 5.27; 5.29; 5.53; 5.54 and 5.55 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Corporate Business Plan 2014/2015 – 2017/2018

Action 4.3.3 Manage Corporate Reporting

Environmental Considerations

Nil

Attachments

a ⇨.

2015-16 Annual Report - Under Separate Cover

Officer’s Recommendation

That Council

1. Accepts the 2015-2016 Annual Report (including the 2015-16 Annual Financial Statements and Associated Notes) as presented.

2. Convenes the Annual General Meeting of electors for 7pm Thursday 15th December 2016 at the Esperance Civic Centre.

3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2015-2016 Annual Report and the time and date of the annual general meeting of electors.

Voting Requirement Simple Majority

Audit Committee: Minutes

8 November 2016 Page Minutes 143

SHIRE OF ESPERANCE

MINUTES

Audit Committee Meeting HELD IN Council Meeting Room ON
8 November 2016

COMMENCING AT 10.30am

1. OFFICIAL OPENING

The Presiding Member declared the meeting open at 10:34pm.

2. ATTENDANCE

Members

Cr V Brown Shire President Rural Ward

Cr P Griffiths Town Ward

Cr B Parker Rural Ward

Cr B Stewart, JP Town Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mrs B O’Callaghan Manager Financial Services

Mr B McCosh OSH Risk Management Officer

Mr M Van Der Merwe Auditor – Buttler Settineri

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. PUBLIC QUESTION TIME

Nil

5. Deputations, Presentations, Inspections, Petitions

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

Nil

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Nil

7. CONFIRMATION OF MINUTES

Moved: Cr Griffiths

Seconded: Cr Parker

AU1116-032

That the Minutes of the Audit Committee Meeting of the 21 June 2016 be confirmed as a true and correct record.

CARRIED

F4 - A0

8. New Business of an Urgent Nature

Nil

9. Matters Requiring a Determination of Committee

9.1 CEO Review of Systems and Procedures

Moved: Cr Griffiths

Seconded: Cr Parker

AU1116-033

Committee Recommendation

That the Audit Committee;

1. Accept the CEO’s review of the appropriateness and effectiveness of the Shire of Esperance’s systems and procedures in regard to risk management, internal control and legislative compliance.

2. Recommend the review to Council for endorsement.

CARRIED

F4 - A0

Mr McCosh left the meeting at 11:08am and did not return.

9.2 Better Practice Review

Moved: Cr Parker

Seconded: Cr Griffiths

AU1116-034

Officer’s Recommendation

That the Audit Committee recommend that Council endorse the Better Practice Review.

Committee Recommendation

That the Audit Committee recommend that Council endorse the Better Practice Review and implement the recommendations contained within the report.

CARRIED

F4 - A0

9.3 Internal Audit Consideration

Moved: Cr Griffiths

Seconded: Cr Parker

AU1116-035

Committee Recommendation

That the Audit Committee note the merits of an internal audit process and will request the CEO to undertake internal audit processes on an “as needs basis” for high risk areas of Council operations.

CARRIED

F3 – A1

(Against Cr Stewart)

9.4 Financial Management Review Implementation

Moved: Cr Griffiths

Seconded: Cr Stewart

AU1116-036

Committee Recommendation

That the Audit Committee receive the report outlining the actions implemented in response to recommendations from Butler Settineri’s Financial Management Review of the Shire’s policies, procedures and practices.

CARRIED

F4 - A0

9.5 Audit Report 2015/16

Moved: Cr Griffiths

Seconded: Cr Stewart

AU1116-037

Committee Recommendation

That the Audit Committee

1. Receive the 2015/16 Annual Financial Report incorporating the Audit Report as attached at Attachment A.

2. Receive the Management Report for the 2015/16 financial year as attached at Attachment B.

3. Recommends the Annual Financial Report, Audit Report and Management Letter for the 2015/16 financial year to Council for adoption.

CARRIED

F4 - A0

10. CLOSURE

The Presiding Member declared the meeting closed at 12:39pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated_____________________

Ordinary Council: Agenda

22 November 2016 Page 147

Item: 13.2

CEO Review of Systems and Procedures

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

File Ref: D16/26749

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the report from the CEO on the appropriateness and effectiveness of the Shire of Esperance systems and procedures in relation to risk management, internal control and legislative compliance.

Recommendation in Brief

That Council accept the CEO’s review of the appropriateness and effectiveness of the Shire of Esperance’s systems and procedures in regard to risk management, internal control and legislative compliance.

Background

In February 2013 the Local Government (Audit) Regulations were amended with the introduction of Regulation 17 which requires the CEO to review certain systems and procedures. The Audit Committee is to consider the CEO’s biennial reviews of the appropriateness and effectiveness of the local government’s systems and procedures in regard to risk management, internal control and legislative compliance.

The last review was undertaken in December 2014 so there is now a need to consider the review that has recently been undertaken by the CEO. The Risk Management Policy (Attachment A) to provide guidance and direction in relation to risk management. The policy determines the Shire’s risk appetite in relation to the measures of consequence and likelihood of each risk.

The Audit Committee met on the 8^th November to consider the report and resolved the following-

That the Audit Committee;

1. Accept the CEO’s review of the appropriateness and effectiveness of the Shire of Esperance’s systems and procedures in regard to risk management, internal control and legislative compliance.

2. Recommend the review to Council for endorsement.

Officer’s Comment

The review process was developed along with Local Government Insurance Service (LGIS) during 2014 in regards to risk, internal control and legislative compliance. The Department of Local Government has developed guidelines to assist Local Governments in determining the issues that should be considered in any review process-

Risk Management

Internal control and risk management systems and programs are a key expression of a local government’s attitude to effective controls. Good audit committee practices in monitoring internal control and risk management programs typically include:

· Reviewing whether the local government has an effective risk management system and that material operating risks to the local government are appropriately considered;

· Reviewing whether the local government has a current and effective business continuity plan (including disaster recovery) which is tested from time to time;

· Assessing the internal processes for determining and managing material operating risks in accordance with the local government’s identified tolerance for risk, particularly in the following areas;

– potential non-compliance with legislation, regulations, standards and local government’s policies;

– important accounting judgements or estimates that prove to be wrong;

– litigation and claims;

– misconduct, fraud and theft;

– significant business risks, recognising responsibility for general or specific risk areas. For example, environmental, occupational health and safety risk, and how they are managed by the local government;

· Obtaining regular risk reports, which identify key risks, the status and the effectiveness of the risk management systems, to ensure that identified risks are monitored and new risks are identified, mitigated and reported;

· Assessing the adequacy of local government processes to manage insurable risks and ensure the adequacy of insurance cover, and if applicable, the level of self-insurance;

· Reviewing the effectiveness of the local government’s internal control system with management and the internal and external auditors;

· Assessing whether management has controls in place for unusual types of transactions and/or any potential transactions that might carry more than an acceptable degree of risk;

· Assessing the local government’s procurement framework with a focus on the probity and transparency of policies and procedures/processes and whether these are being applied;

· Should the need arise, meeting periodically with key management, internal and external auditors, and compliance staff, to understand and discuss any changes in the local government’s control environment;

· Ascertaining whether fraud and misconduct risks have been identified, analysed, evaluated and have an appropriate treatment plan which has been implemented, communicated, monitored and there is regular reporting and ongoing management of fraud and misconduct risks.

Internal Control

Internal control is a key component of a sound governance framework, in addition to leadership, long-term planning, compliance, resource allocation, accountability and transparency. Strategies to maintain sound internal controls are based on risk analysis of the internal operations of a local government.

An effective and transparent internal control environment is built on the following key areas:

· integrity and ethics;

· policies and delegated authority;

· levels of responsibilities and authorities;

· audit practices;

· information system access and security;

· management operating style; and

· human resource management and practices.

Internal control systems involve policies and procedures that safeguard assets, ensure accurate and reliable financial reporting, promote compliance with legislation and achieve effective and efficient operations and may vary depending on the size and nature of the local government.

Aspects of an effective control framework will include:

· delegation of authority;

· documented policies and procedures;

· trained and qualified employees;

· system controls;

· effective policy and process review;

· regular internal audits;

· documentation of risk identification and assessment; and

· regular liaison with auditor and legal advisors.

The following are examples of controls that are typically reviewed:

· separation of roles and functions, processing and authorisation;

· control of approval of documents, letters and financial records;

· comparison of internal data with other or external sources of information;

· limit of direct physical access to assets and records;

· control of computer applications and information system standards;

· limit access to make changes in data files and systems;

· regular maintenance and review of financial control accounts and trial balances;

· comparison and analysis of financial results with budgeted amounts;

· the arithmetical accuracy and content of records;

· report, review and approval of financial payments and reconciliations; and

· comparison of the result of physical cash and inventory counts with accounting records.

Legislative Compliance

The compliance programs of a local government are a strong indication of attitude towards meeting legislative requirements. Audit committee practices in regard to monitoring compliance programs typically include:

· Monitoring compliance with legislation and regulations;

· Reviewing the annual Compliance Audit Return and reporting to Council the results of that review;

· Staying informed about how management is monitoring the effectiveness of its compliance and making recommendations for change as necessary;

· Reviewing whether the local government has procedures for it to receive, retain and treat complaints, including confidential and anonymous employee complaints;

· Obtaining assurance that adverse trends are identified and review management’s plans to deal with these;

· Reviewing management disclosures in financial reports of the effect of significant compliance issues;

· Reviewing whether the internal and/or external auditors have regard to compliance and ethics risks in the development of their audit plan and in the conduct of audit projects, and report compliance and ethics issues to the audit committee;

· Considering the internal auditor’s role in assessing compliance and ethics risks in their plan;

· Monitoring the local government’s compliance frameworks dealing with relevant external legislation and regulatory requirements; and

· Complying with legislative and regulatory requirements imposed on audit committee members, including not misusing their position to gain an advantage for themselves or another or to cause detriment to the local government and disclosing conflicts of interest.

Attached B has the risk management report and the process that the Shire has worked through to determine the level of risk for each risk theme and to what level the risk is being managed. The executive summary provides a brief snapshot of each risk profile with appropriate colour coding to easily identify the risk rating along with the level of control. The executive summary also outlines those actions that are proposed to improve the level of control for the risk theme. The full analysis for each profile is then attached listing all the controls and the effectiveness of each control. Actions have been suggested to improve controls and therefore reduce the risk.

Unlike the last review, there is identified risk profile area where there is inappropriate levels of controls in place. At the last review the lack of a business continuity plan was identified as being a significant area of risk that has since been rectified. There are however a number of risk themes where the risk rating has been determined as high and there are only adequate controls in place. A number of actions and treatments have been identified within these areas to improve controls to ensure the risk is mitigated at an appropriate level for the Shire’s risk appetite.

The treatment or action that is proposed will depend upon the cost or resources required to improve the control. It may be determined that some control measures are too resource intensive to implement compared to the level of increased control that will be obtained. Prioritisation and analysis of cost/benefit will be required in some instances due to resource or budget constraints.

The risk management analysis has been a useful exercise to evaluate the Shire’s business practices and determine how effective they are operating. The process is used to communicate to staff who have responsibility for the areas around areas of improvement or efficiency. It is expected that this high level risk analysis will also provide guidance in future decision making and resource allocation where business practice needs improvement or the Shire is exposed to an unacceptable level of risk.

Consultation

Executive Management Team and relevant managers and officers

Financial Implications

Although there are no direct financial implications arising from this report the actions that have been identified to increase controls or reduce risk may have financial or resource implications for the organisation. The cost of implementing the controls to reduce or manage risk will need to be weighed up against the risk appetite of the organisation to determine the most appropriate course of action.

Asset Management Implications

Nil

Statutory Implications

Local Government (Audit) Regulations 1996

Audit Regulation 17

Policy Implications

EXE 019: Risk Management

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.1.9 Develop and implement Risk Management System

Environmental Considerations

Nil

Attachments

a ⇩.	Risk Management Policy
b ⇩.	Risk Register

Audit Committee Recommendation

Simple Majority

Ordinary Council: Agenda

22 November 2016 Page 190

Item: 13.3

Better Practice Review

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

File Ref: D16/26750

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

This report is presented for the Council to consider the Better Practice Review that was undertaken by the Department of Local Government and Communities (DLGC) in early 2016.

Recommendation in Brief

That Council endorse the Better Practice Review Report and implement the recommendations contained within the report.

Background

The Local Government Better Practice Review (BPR) Program is an initiative undertaken by the Department of Local Government and Communities (Department) to recognise and promote good practice in Western Australian country local governments. The BPR Program is part of the State Government’s Country Local Government Fund (CLGF) Capacity Building Program.

The objectives of the program are to:

· Generate momentum for a culture of continuous improvement and greater compliance across the local government sector.

· Promote good governance and ethical regulation.

· Identify and share innovation and best practice in the local government sector.

· Act as a ‘health check’ by providing departmental advice and support to local governments that may be experiencing operational problems.

The process consisted of a desktop review of key documents and information by the DLGC based upon an extensive checklist prior to an onsite visit. The BPR onsite visit was undertaken in January 2016 to seek clarification and further information on the Shire’s practices and procedures.

The BPR is an intensive review but broadly covers the areas of Governance, Planning and Regulatory functions, Plan for the Future, Assets and Finance, Workforce Planning and Human Resource Management, and Community and Consultation.

The Better Practice Review was considered by the Audit Committee on the 8^th November and resolved the following-

That the Audit Committee recommend that Council endorse the Better Practice Review and implement the recommendations contained within the report.

Officer’s Comment

The Shire of Esperance management considered that the Better Practice Review was a good opportunity for an independent team from the DLGC to review key areas of the Shire of Esperance’s activities and operations, at no cost to the Shire and provide guidance and prioritisation of areas for improvement.

The BPR (as attached) is a good result for the Shire of Esperance finding a number of areas of “Best or Better Practice” albeit there are a number of areas that can be either improved or strengthened.

The Better Practice Review stated-

“The review found that the Shire is a high-performing organisation which functions well, with a positive organisational culture and good governance. As a result of the Shire’s overall high-performance, it is noted that while specific practices have been identified as examples of better practice, that overall, the standard of its operations are considered to demonstrate various examples of good, if not better practice, and for this the Shire is to be commended. Key documents of the Shire including its plans, policies and procedures are of an overall high standard and display various elements of good and better practice. Other key strengths of the Shire relate to its financial and asset management practices, its community engagement activities and a commitment to continuous improvement.

Due to the fact the Shire is performing well, it is noted that the areas identified for further development throughout the report are relatively minimal and largely relate to the Shire reviewing its key documents and ensuring it has appropriate policies, procedures and practices in place to safeguard its effective operation, and good governance, into the future.”

A number of the areas that have been identified for review were already in the process or scheduled to be undertaken within the next 12 months.

Consultation

Department of Local Government and Communities- Better Practice Review team.

Executive Management Team

Financial Implications

Nil as this was program is part of the State Governments Country Local Government Fund Capacity Building Program.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

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

Environmental Considerations

Nil

Attachments

a ⇩.

Better Practice Review

Audit Committee Recommendation

That Council endorse the Better Practice Review Report and implement the recommendations contained within the report.

Voting Requirement Simple Majority

a ⇩.	Information Bulletin - October 2016
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇩.	Certificate of Appreciation - Esperance Senior High School - Workplace Learning
d ⇩.	Certificate of Appreciation - Esperance Primary School - Tournament of the Minds
e ⇨.	Interplan Report - October 2016 - Under Separate Cover

Disclosure of Financial, Proximity or Impartiality Interests

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

Declaration of Interest (Notes for Your Guidance)

Author/s	Sarah Fitzgerald	Administation Officer
Authorisor/s	Matthew Scott	Chief Executive Officer