Shire of Esperance

 

Ordinary Council

Tuesday 22 November 2016

MINUTES

 

 

 

 

 

 

 

 

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.

 

 

Table of Contents / Index

 

1.         OFFICIAL OPENING   5

2.         ATTENDANCE  5

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  5

4.         APPLICATIONS FOR LEAVE OF ABSENCE  5

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   6

6.         DECLARATION OF MEMBERS INTERESTS  6

6.1            Declarations of Financial Interests – Local Government Act Section 5.60a  6

6.2            Declarations of Proximity Interests – Local Government Act Section 5.60b  6

6.3            Declarations of Impartiality Interests – Admin Regulations Section 34c  6

7.         PUBLIC QUESTION TIME  6

8.         PUBLIC ADDRESSES / DEPUTATIONS  7

9.         Petitions  7

10.      CONFIRMATION OF MINUTES  8

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   8

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  10

12.1.1     Proposed Road Closure - Portion of the Esplande, Esperance  10

12.1.2     Authority to Sell - Lots 861 & 862 Hockey Place  11

12.3.2     Financial Services Report - October 2016  11

12.4.2     Information Bulletin - October 2016  11

13.1      Minutes of the Audit Committee

13.2      CEO Review of Systems and Procedures

17.1      0026-16 - Supply, Delivery and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers

17.2       Outstanding Rates - Legal Action on Assessment 16709

12.1   External Services  13

12.1.3     Local Planning Scheme No. 23 Amendment 21 - Final Approval 13

12.2   Asset Management  13

12.3   Corporate Resources  13

12.3.1     Self Supporting Loan - Cascade Town Recreation Association (Inc) 13

12.4   Executive Services  14

12.4.1     2015-2016 Annual Report 14

13.      Reports Of Committees  14

13.3       Better Practice Review

14.      Motions of which Notice has been Given   14

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  15

16.      Urgent Business Approved by Decision   15

17.      Matters behind Closed Doors  15

18.      PUBLIC QUESTION TIME  15

19.      CLOSURE  15

 

 

 

 

1.       OFFICIAL OPENING

The Shire President declared the meeting open at 4:00pm

The President welcomed Councillors, staff, guests and members of the public to the meeting.

 

Mr Hatter entered the Chamber at 4:01pm.

 

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

Mr S Smith                                        Item 12.1.3

Mrs J Smith                                      Item 12.1.3

Mrs E Saltmarsh                               Observer

Mr A Sharpe                                     Item 12.1.3

Ms M Parsons                                  Item 12.1.3

Mrs W Stewart                                  Item 12.1.3

Ms L Ridgeway                                 Item 12.1.3

Ms T Ibrahim                                    Observer

Mrs H D’Emden                                Observer

Ms C Turley                                      Observer

Mr D Hatter                                       Observer (entered 4:01pm)

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Nil

 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

Nil

5.       ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

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

Cr Padgurskis declared an impartiality interest in item 12.1.3 due to his friendship with a resident in the area.

Cr Parker declared an impartiality interest in item 12.3.1 as he is a member of the Cascade Town Recreation Association (Inc).

Cr Stewart declared an impartiality interest in item 12.1.3 as she is the owner of a caravan.

Cr Bowman declared an impartiality interest in item 12.1.3 as she is the owner of a caravan.

Cr Griffiths declared an impartiality interest in item 12.1.3 as he is the proprietor of a accommodation business.

Cr McIntyre declared an impartiality interest in item 12.1.3 as she is the proprietor of a accommodation business.

7.       PUBLIC QUESTION TIME

Cr Brown read aloud the responses to the questions taken on notice at the October Ordinary Council Meeting to which responses were published in the November Ordinary Council Agenda.

1.      Mrs H D’Emden

Mrs D’Emden referred to the answers published in the agenda which were in response to her questions. She sought to clarify that the Bunbury Homecare, used as an example, was not under the care of the Local Government but was run by a separate organisation, unlike Esperance.

Mr Sargent responded that the information about other Homecare Organisations in Western Australia was provided by the Shire’s Homecare Project Officer. He did not validate the information provided.  

2.      Ms T Ibrahim – The following questions were provided in advance in writing and read aloud by Cr Brown

There are many services in the Shire that are a cost to ratepayers. In the case of Community Aged Care, why has this service become an apparent priority target to achieve efficiencies for the ratepayer when they do not actually pay for this service? How does the redundancy of the Manager of Esperance Homecare directly assist in this process and did a financial cost shifting of approximately $100K occur at the same time? If it has occurred it would be part administration fee and the additional wages paid for the Manager Community Support position.  

Cr Brown explained that the internal restructure was initiated by Council. She recounted that Councillors often receive complaints that the Shire is over staffed, in response to this Council requested the Chief Executive Officer review the organisational structure and improve efficiency. Cr Brown asked that Mr Scott explain the review process.

Mr Scott started by assuring the attendance that Homecare was not targeted. The External Services Directorate was identified as having heavy management and needed to be adjusted. It was decided that some management positions were too specialised and needed to be responsible for multiple services. One position was created that encompassed the service of two managers, both were given the opportunity to apply for this position however only one manager applied. Mr Scott continued that consequently this resulted in a staff redundancy. This was a difficult decision that was not made lightly however it was made effective in July and since then has not been challenged.

Mr Scott reported that since the shift in management the Homecare services was reviewed for efficiencies. Improvements made include making several casual staff permanent, employing a nurse for the afterhours care service, removing duplications of tasks like fleet management, human resources and finance. Savings have also been made by housing the Homecare fleet at Homecare instead of employees homes and client services have been streamlined. Mr Scott commented that additionally, no official complaints had been received, while a couple of anonymous ones had been received they could not be acted on and Homecare had provided good feedback.

Cr Brown reminded the attendance that while it is easy to make an issue out of employment numbers at the Shire and demand reductions, when reductions are made the numbers turn into real people and members of our Community.

Ms Ibrahim asked how can these efficiencies save the Shire money when they don’t pay for the service as it is externally funded.

Mr Scott responded that while Homecare is partly externally funded the Shire still has a responsibility to the ratepayers to ensure that all services are ran efficiently and we receive the “biggest bang for our buck”.

Ms Ibrahim repeated that Homecare is not funded by the ratepayers.

Mr Scott explained that under the Local Government Act 1995 the Shire must strive to be efficient as possible and receive best value for every dollar. Any cost savings made do effect the ratepayer whether the funds come from them or not.

Cr Brown read aloud Ms Ibrahim’s second question.

As Council has financial responsibility for Esperance Homecare, can you advise how much of an increase (in dollars) of the administration fee paid by the service was adopted by Council  as part of the 2016/2017 budget?  Also, if a rent line for Esperance Home Care has also been included in the budget, what rental is now being charged?

Mr Scott clarified that the Shire does not charge Homecare for administration however the Shire receives the external funding and then administers it, this is the arrangement with all forms of external funding. These activities do have an administration fee of 4% per annum.

Mr Scott continued that in the case of rent, no rental was being charged to Esperance Homecare as they are a Shire run organisation using a Shire owned facility. There was a maintenance fee charged to Esperance Homecare, for which full details could be found in the Shire’s Annual Budget, which is a public document.

3.      Mrs H D’Emden

Mrs D’Emden asked if there was a Council policy on acknowledging the service of long term staff publically.

Mr Scott responded that there is but ultimately it is up to the individual staff member to accept or decline this gesture.

 

8.       PUBLIC ADDRESSES / DEPUTATIONS

Nil

9.       Petitions

Nil 

Mr Hatter left the Chamber at 4:26pm and did not return.

10.     CONFIRMATION OF MINUTES

Moved:           Cr Parker Seconded:     Cr Bowman   O1116-039 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. CARRIED F9 - A0

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Stewart

8 Nov       Attended Civic Function to welcome HMAS Farncomb hosted by the Navy

9 Nov       Attended Scaddan Restoration Reference Group Planning discussion

Cr Parker

3&4 Nov   Attened GVROC Meeting held in Warburton

7 Nov       Attended Cruise Ship update with Tourism WA & Tourism Esperance

8 Nov       Attended Audit Committee Meeting

9 Nov       Attended Scaddan Restoration Reference Group Planning discussion

10 Nov     Attended Freedom of Entry Parade granted to the HMAS Farncomb

Cr Padgruskis

10 Nov     Attended Freedom of Entry Parade granted to the HMAS Farncomb

10 Nov     Attended Civic Reception for HMAS Farncomb hosted by the Shire

11 Nov     Attended Remembrance Day Ceremony

11 Nov     Attended Fundraising dinner hosted by the Entrenchment team

Cr Bowman

1 Nov       Meeting with Claire Mitchell regarding the Cannery Arts Committee

1 Nov       Attended a Citizenship ceremony

2 Nov       Met with Travis King at Scaddan

4 Nov       Accepted Community Pool Revitalization cheque from Minister Davies

8 Nov       Attended Civic Function to welcome HMAS Farncomb hosted by the Navy

9 Nov       Chaired Scaddan Restoration Reference Group Meeting

10 Nov     Attended Freedom of Entry Parade granted to the HMAS Farncomb

10 Nov     Attended Civic Reception for HMAS Farncomb hosted by the Shire

11 Nov     Accepted Lotterywest cheque for Fire Recovery Project

11 Nov     Attended Remembrance Day Ceremony

11 Nov     Attended Fundraising dinner hosted by the Entrenchment team

12 Nov     Attended Esperance Museum 40^th Anniversary celebrations

17 Nov     Attended the Fire Anniversary One Minute Silence on the Waterfront

17 Nov     Attended Fire Anniversary event at the Scaddan Community Hall

18 Nov     Attended Regional Road Group Meeting in Kalgoorlie

Cr McIntyre

26 Oct      Attended Lake Monjingup Community Group workshop

28 Oct      Attended TEDx Esperance

28 Oct      Attended Australia's Golden Outback & Tourism Esperance AGM

30 Oct      Attended Community Weeding Event at West Beach

2 Nov       Attended Nulsen Progress Association Meeting

6 Nov       Attended Jetty Group Inc Public meeting

7 Nov       Attended Cruise Ship update with Tourism WA & Tourism Esperance

8 Nov       Attended Civic Function to welcome HMAS Farncomb hosted by the Navy

10 Nov     Attended Freedom of Entry Parade granted to the HMAS Farncomb

10 Nov     Attended Civic Reception for HMAS Farncomb hosted by the Shire

11 Nov     Attended Fundraising dinner hosted by the Entrenchment team

17 Nov     Attended the Fire Anniversary One Minute Silence on the Waterfront

Cr Parsons

5 Nov       Opened the 2016/2017 season at the Esperance Speedway

8 Nov       Attended Civic Function to welcome HMAS Farncomb hosted by the Navy

10 Nov     Attended Freedom of Entry Parade granted to the HMAS Farncomb

10 Nov     Attended Civic Reception for HMAS Farncomb hosted by the Shire

16 Nov     Attended Esperance Chamber of Commerce and Industry AGM

16 Nov     Met with representatives of the Men in Sheds from Esperance Home Care

18 Nov     Attended Official "turning on " of the New Skate Park LED lights

Cr Hall

27 Oct      Attended  Port Consultative Committee meeting

7 Nov       Attended Cruise Ship update with Tourism WA & Tourism Esperance

8 Nov       Attended Civic Function to welcome HMAS Farncomb hosted by the Navy

9 Nov       Attended South East Academy (Clontarf) End of Year Awards Evening

10 Nov     Attended Freedom of Entry Parade granted to the HMAS Farncomb

10 Nov     Attended Civic Reception for HMAS Farncomb hosted by the Shire

11 Nov     Attended Remembrance Day Ceremony

12 Nov     Attended and Judged the Sports Star of the Year 2016 Awards

Cr Griffiths

9 Nov       Attended South East Academy (Clontarf) End of Year Awards Evening

Cr Brown

26 Oct      Chaired Local Emergency Management Committee meeting

31 Oct      Chaired Esperance Roadwise Committee meeting

1 Nov       Conducted a Citizenship Ceremony

2 Nov       Attended Esperance Scouts 'People & Cultural Evening' Scout Hall

3/4 Nov    Attended GVROC meeting in Warburton

7 Nov       Attended Cruise Ship update with Tourism WA & Tourism Esperance

8 Nov       Attended Civic Function to welcome HMAS Farncomb hosted by the Navy

10 Nov     Participated in the Freedom of Entry Parade granted to the HMAS Farncomb

10 Nov     Attended Civic Reception for HMAS Farncomb hosted by the Shire

11 Nov     Attended Remembrance Day Ceremony

11 Nov     Attended Fundraising dinner hosted by the Entrenchment team

12 Nov     Attended Esperance Museum 40^th Anniversary celebrations

17 Nov     Attended the Fire Anniversary One Minute Silence on the Waterfront

17 Nov     Attended Fire Anniversary event at the Scaddan Community Hall

20 Nov     Attended Joan Kefford's 100^th Birthday Celebration

 

12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

Motion

Moved:           Cr McIntyre Seconded:     Cr Bowman   O1116-040   That Council move the following items forward and consider them en bloc: 12.1.1       Proposed Road Closure - Portion of the Esplande, Esperance 12.1.2       Authority to Sell - Lots 861 & 862 Hockey Place 12.3.2       Financial Services Report - October 2016 12.4.2       Information Bulletin - October 2016 13.1          Minutes of the Audit Committee 13.2          CEO Review of Systems and Procedures 17.1          0026-16 - Supply, Delivery and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers 17.2          Outstanding Rates - Legal Action on Assessment 16709 CARRIED F9 - A0

 

En bloc

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-041   That Council adopt the officer’s recommendations for the following items: 12.1.1       Proposed Road Closure - Portion of the Esplande, Esperance 12.1.2       Authority to Sell - Lots 861 & 862 Hockey Place 12.3.2       Financial Services Report - October 2016 12.4.2       Information Bulletin - October 2016 13.1          Minutes of the Audit Committee 13.2          CEO Review of Systems and Procedures 17.1          0026-16 - Supply, Delivery and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers 17.2          Outstanding Rates - Legal Action on Assessment 16709 CARRIED F9 - A0

 

12.1.1         Proposed Road Closure - Portion of the Esplande, Esperance

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-042 Council Resolution 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. CARRIED F9 - A0

 

12.1.2         Authority to Sell - Lots 861 & 862 Hockey Place

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-043 Council Resolution That Council request the CEO to offer Lots 861 & 862 for sale by tender. CARRIED F9 - A0

 

12.3.2         Financial Services Report - October 2016

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-044 Council Resolution That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of October 2016 as attached be received. CARRIED F9 - A0

 

12.4.2         Information Bulletin - October 2016

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-045 Council Resolution That Council accepts the Information Bulletin and the Interplan report for September 2016 and; 1.  Register - Delegations Discharge - Corporate Resources 2.  Certificate of Appreciation - Esperance Senior High School - Workplace Learning 3.  Certificate of Appreciation - Esperance Primary School - Tournament of the Minds 4.  Interplan Report  - September 2016 CARRIED F9 - A0

 

13.1   Minutes of the Audit Committee

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-046 Council Resolution That the recommendations of the Audit Committee meeting held on 8 November 2016 be received. CARRIED F9 - A0

 

13.2   CEO Review of Systems and Procedures

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-047 Council Resolution 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. CARRIED F9 - A0

 

17.1   0026-16 - Supply, Delivery and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-048 Council Resolution That Council reject all tenders received under tender 0025-16 Supply, Delivery, and Licensing of Four New 2016/2017 Tri-Axle Pig Trailers. CARRIED F9 - A0

 

17.2   Outstanding Rates - Legal Action on Assessment 16709

Moved:           Cr McIntyre Seconded:     Cr Hall   O1116-049 Council Resolution That Council 1.  Notes the legal action that has been undertaken by the Shire of Esperance under Section 6.56 of the Local Government Act 1995 on Assessment 16709 to recover outstanding rates, interest and legal expenses. 2.  Request the CEO write to the owners of Assessment 16709 advising that unless payment is received that the Shire of Esperance may exercise its power of sale under Civil Judgment Enforcement Act (2004) Property Seizure and Sale Order. CARRIED F9 - A0

 

12.1   External Services

12.1.3         Local Planning Scheme No. 23 Amendment 21 - Final Approval

Moved:           Cr Griffiths Seconded:     Cr Hall   O1116-050 Council Resolution That Council: 1.  Note and uphold 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. 21. CARRIED F7 – A2 (Against Cr Padgurskis & Cr Stewart)

Mr Hindley, Mr Smith and Mrs Smith left the Chamber at 4:44pm and did not return.

Mr A Sharpe, Ms M Parsons, Mrs W Stewart and Ms L Ridgeway left the Chamber at 4:45pm and did not return.

 

12.2   Asset Management

Nil

12.3   Corporate Resources

12.3.1         Self Supporting Loan - Cascade Town Recreation Association (Inc)

Moved:           Cr Griffiths Seconded:     Cr Bowman   O1116-051 Council Resolution 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. CARRIED F9 - A0

12.4   Executive Services

12.4.1         2015-2016 Annual Report

Moved:           Cr Griffiths Seconded:     Cr Bowman   O1116-052 Council Resolution 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. CARRIED F9 - A0

 

13.     Reports Of Committees

13.3   Better Practice Review

Moved:           Cr Brown Seconded:     Cr Parker   O1116-053 Council Resolution That Council endorse the Better Practice Review Report and implement the recommendations contained within the report. CARRIED F9 - A0

 

14.     Motions of which Notice has been Given

Nil   

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Cr parker made an announcement that the Northern Mallee Declared Species Group had been successful in securing funding to build a dog fence. Cr parker wanted to acknowledge the work done by Mr Scott Pickering to make this possible. Cr Parker thanked the Shire for their support of the dogging program and commended Mrs Beth O’Callaghan for the book work she had completed for the group.

 

Motion

Moved:           Cr Parker Seconded:     Cr Bowman   O1116-054   That Council 1.   Acknowledge the work done by the Northern Mallee Declared Species Group to secure funding to build a dog fence and; 2.   Commend Mr Scott Pickering and Mrs Beth O’Callaghan for the dedication and service. CARRIED F9 - A0

 

16.     Urgent Business Approved by Decision

Nil

17.     Matters behind Closed Doors

Items 17.1 and 17.2 were moved forward in the meeting.

18.     PUBLIC QUESTION TIME

Nil

19.     CLOSURE

The President declared the meeting closed at 5:00pm.