Ordinary Council: Agenda

27 March 2018 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

27 March 2018 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 27 March 2018

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 S McMullen Town Ward

Cr S Payne Town Ward

Cr L McIntyre Town Ward

Cr R Padgurskis Town Ward

Cr D Piercey, 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

Mrs H Hall Executive Assistant

Miss A McArthur Trainee 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 27 February 2018 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

Item: 12.1.1

Proposed Road Dedication - Portion of Reserve 27318 (Lot 990 on Plan 220259)

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D18/3684

Applicant

Internal (Strategic Planning and Land Projects)

Location/Address

Portion of Reserve 27318 (Lot 990 on Plan 220259)

Executive Summary

For Council to consider the dedication as a road a portion of Reserve 27318.

Recommendation in Brief

That Council request the Minister of Lands to dedicate a portion of Reserve 27318 (known as Lot 990 on Plan 220259) as road reserve under Section 56 of the Land Administration Act 1997 and 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.

Background

A road dedication process was commenced as a public toilet was constructed opposite the James Street precinct as part of the waterfront project predominately within the road reserve.

Council at its July 2016 Ordinary Council Meeting resolved (O0706-010):

That Council

1. Request the Minister of Lands to dedicate a portion of Reserve 27318 as road reserve under Section 56 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.

During the assessment process the then Department of Lands suggested that dedicating the entirety of Lot 990 on Plan 220259. The Department was advised that this was an acceptable approach.

It should also be noted that the Scheme Map for Local Planning Scheme No. 24 already reflects the proposed road dedication.

Advice on the progress of this application was recently sought from the Department of Planning, Lands and Heritage which resulted in the Shire being advised that Council needs to resolve to dedicate the larger parcel of land.

Officer’s Comment

Should the dedication as a road of a portion of Reserve 27318 be supported, a request will need to be made to the Minister for Lands under Section 56 of the Land Administration Act 1997

Consultation

Discussions have been had with the Department of Planning, Lands and Heritage to facilitate the resolution of this road dedication.

Financial Implications

As part of the road dedication process, the Shire of Esperance will need to indemnify the Minister against any claim for compensation equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and graining the request.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

a ⇩.

Proposed Road Dedication

Officer’s Recommendation

That Council:

1. Request the Minister of Lands to dedicate a portion of Reserve 27318 (known as Lot 990 on Plan 220259) as road reserve under Section 56 of the Land Administration Act 1997.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 16

Item: 12.1.2

Local Planning Policy: Development for which Development Approval Not Required Policy

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D18/3894

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider preparing and advertising Local Planning Policy: Development for which Development Approval Not Required.

Recommendation in Brief

That Council in accordance with Clause 4(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) prepare and advertise Local Planning Policy: Development for which Development Approval Not Required.

Background

Local Planning Scheme No. 24 incorporates a range of exemption for ‘works’. It has been noted however that in the case of street trading and outdoor eating facilities this is more commonly a ‘use’ as no ‘works’ aspect is required. The proposed policy extends the exemption to ‘use’ in accordance with the local laws on trading in thoroughfares and public places.

Officer’s Comment

Schedule A Clause 61 (q) of Local Planning Scheme No. 24 currently exempts ‘works’ for street trading and outdoor eating facilities on public places in accordance with the local laws on trading in thoroughfares and public places.

The proposed policy (Attachment A) extends this exemption to ‘use’ for street trading and outdoor eating facilities on public places in accordance with the local laws on trading in thoroughfares and public places.

It should be noted that this policy represents an efficiency as it removes the requirement for planning approval for a ‘use’ on public places in accordance with the local laws on trading in thoroughfares and public places. Approval will still be required under the Local Law and any other relevant statutes.

Consultation

This policy is being created under Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 and it needs to be advertised for not less than 21 days.

Financial Implications

N/A

Asset Management Implications

Nil

Statutory Implications

Division 2 of Part 2 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have due regard to a Local Planning Policy as required under Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

Nil

Attachments

a ⇩.

Local Planning Policy: Development for which Development Approval Not Required

Officer’s Recommendation

That Council in accordance with Clause 4(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) prepare and advertise Local Planning Policy: Development for which Development Approval Not Required.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 19

Item: 12.1.3

Community Emergency Servcies Coordinator - MOU Renewal

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D18/5785

Applicant

Location/Address

Internal

Executive Summary

To inform Council of the expiry of the Memorandum of Understanding between the Shire of Esperance and Department of Fire and emergency Services (DFES) in regard to the joint funded Community Emergency Services Coordinator position and seek a continuation for this Agreement.

Recommendation in Brief

That Council authorise a new Memorandum of Understanding between the Shire of Esperance and Department of Fire and Emergency Services for a joint funded Community Emergency Services Coordinator position within the Shire of Esperance.

Background

In 2008 a Memorandum of Understanding (MOU) was agreed upon between the Shire and DFES for a joint funded Community Emergency Services Coordinator position within the Shire of Esperance.

The role has now been in place for 9 years, with the last MOU renewed in 2014. This arrangement was for three years to 31^st December 2017.

The Community Emergency Services Coordinator role looks after the Shires increasing legislative responsibilities in relation to bush fire management and emergency prevention, preparation, response and recovery.

Officer’s Comment

The Community Emergency Services Coordinator has been in place for 9 years. The position remains as a Shire staff member with a 50% contribution of the total employment costs covered by DFES.

The position provides administrative and operational support to the Shires bush fire network and addresses the Shire’s role in emergency management. The position works to a Business Plan, completed in conjunction with DFES and provides 6 monthly reports to DFES Albany on work undertaken. The position reports to the Manager, Community Support and works in liaison with the local DFES Area Officer.

Consultation

Rob Lake, District Manager – DFES, Great Southern

Financial Implications

The current position is already contained within the 2017/18 financial year allocation for salraies and wages. The MOU is for a three year period.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are;

The Local Government Act 1995

Bush Fire Act 1954

Emergency Management Act 2005

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A feeling of safety and confidence within our neighbourhoods and a sense of security

Develop and maintain a safe environment for the community

Environmental Considerations

N/A

Attachments

a .

CESC - MOU - 2018 - Confidential

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 21

Item: 12.1.4

Terms of Reference - Museum Management Reference Group

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D18/5857

Applicant

Museum Management Reference Group

Location/Address

Esperance Museum

Executive Summary

To provide Council with a draft Terms of Reference for the new Museum Management Reference Group as requested from the February 2018 Ordinary Council Meeting.

Recommendation in Brief

That Council endorse the draft Terms of Reference for the Museum Management Reference Group.

Background

Since January 2017, when a Cultural Officer was appointed to assist with operations at the Esperance Museum, a great deal of work has been completed to provide a clear direction for the Esperance Museum. This culminated in the adoption of the Esperance Museum Strategic Plan 2017-2023 in September last year.

After the Council election in October, it was recommended to Council not to reinstate the Museum Management Committee as it was deemed the Committee no longer had a requirement to report directly to Council, as staff were then in place to oversee the administrative processes and operations of the Museum.

Concerns were raised that sufficient consultation with the Museum stakeholders had not taken place, so the existing Committee were reinstated for an interim period, expiring on 28 February 2018, to allow time for staff to meet with the user groups to identify a way forward.

At the February 2018 Ordinary Council Meeting, after the comprehensive consultation process, Council moved to;

1. Not reinstate the existing membership of the Museum Management Committee,

2. Disband the existing Museum Management Committee and no longer have a committee reporting directly to Council,

3. Write to current members of the Museum Management Committee thanking and acknowledging them for their service and explaining future process, to achieve outcomes from the Museum Strategic Plan

4. Direct the CEO to prepare a draft Terms of Reference for the Museum Management Reference Group for endorsement by Council at the March 2018 OCM

5. Invite current members of the Museum Management Committee to apply to the Museum management Reference Group following the adoption of the Museum Management Reference Group Terms of Reference.

Officer’s Comment

Through the consultation process with the Museum stakeholder groups, it was identified that as volunteers with the various groups, individuals wanted to spend their time at the Museum being able to explore their passion for history and researching stories of the past. They did not want to spend their time on the day to day running of the Museum having to worry about maintenance requests and budgets.

It was established that volunteers from the various groups wanted to contribute to the Museum through their research and knowledge, while preserving history and telling stories through displays and talking to visitors.

Previously the Terms of Reference for the Museum Management Committee provided Designated Powers and Duties as:

1. To develop and implement appropriate management and operations strategies….

2. To formulate and recommend to Council strategies and policies for operating the Esperance Museum……

3. To manage and provide guidance to the Museum Curator on the development and forward planning…..

4. To make recommendations to Council regarding budgets and works programs…..

5. To make day to day management decisions regarding the operations of the Museum.

With the adoption of Esperance Museum Strategic Plan 2017- 2022, many of these requirements have now been addressed, and as the appointment of the Cultural Officer ensures the direction is followed there is no longer the need for the Group to report directly to Council.

The draft Terms of Reference refers to role of the Reference Group, acknowledging their experience and knowledge in research and history, to provide guidance and assistance in project work that will further enhance the Museum for locals and tourists alike.

Consultation

N/A

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item are;

Local Government Act 1995

Standing Orders Local Laws 2015

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A Community where everyone feels welcomed, involved and connected to each other

Create a social environment that is accessible and inclusive for all ages and abilities

Environmental Considerations

N/A

Attachments

a ⇩.

Terms of Reference - Museum Management Reference Group

Officer’s Recommendation

That Council endorse the draft Terms of Reference for the Museum Management Reference Group.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 26

12.2 Asset Management

Item: 12.2.1

Esperance Library Building Future

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/5598

Applicant

Internal

Location/Address

Windich Street, Esperance

Executive Summary

For Council to consider the future of the Esperance Library building given the results of the geotechnical investigation and previous condition assessment.

Recommendation in Brief

That Council:

1. Only consider undertaking essential building maintenance for the library building from now on;

2. Plan for the library to be part of the Community and Cultural complex in the long term; and

3. Request the CEO to continue monitoring the building for its structural condition.

Background

The Frank Collett Library Building (Esperance Public Library) comprises of three attached buildings that were constructed in 1969. The building comprises a ground floor with a total area of 452 m² and a mezzanine level of 149 m². The original main building is used as a public library and community group space. A garage and workroom were originally constructed affixed to the main building. These two areas now function as library staff offices.

The main structure of the original library building comprises double leaf cavity brick external walls and steel portal frames, spaced at approximately 4m centers, across the library area. The portal frames support the steelwork structure of the raked library roof. The roof area is covered with terracotta roof tiles. Meanwhile, its ceiling, consisting of suspended “strawboard” ceiling panels, is raked to match the incline of the roof. The foundation of the main library building is comprised of concrete pad and strip footings, as confirmed by the supplied architectural drawings. The ground floor of the library is carpeted throughout on top of a timber floor. The timber decking is supported by timber bearers and joists. The bearers are supported by stumps or piers with pad footings.

Previous reports undertaken regarding the condition of the Esperance Public Library are:

• Terpkos & Santillo Consulting Engineers. Structural Condition Report for the Shire of Esperance Existing Library (Ref 7150). Perth, July 2004

• De Been, Simon. Visual Structural Inspection Structural Report: Frank Collett Library. Duncan Jack Consulting Engineers, July 2007

• De Been, Simon. BCA Compliance Audit Report: Frank Collett Library. Duncan Jack Consulting Engineers, April 2013

In 2008 due to the continued movement of the eastern wall caused by the differential settling of foundations, steel columns and tie rods were installed in the library to help stop or slow down the rotation of the eastern wall and differential settlement.

Given the concern of the current condition of the building and the pending significant maintenance works, the Shire engaged KPMG to undertake a Structural Condition Assessment of the Esperance Public Library was undertaken in March 2016.

From the report, the buildings, in general, are in a fair structural condition. There are a few issues that will affect the structural integrity of the main library building in the long term as well as its overall remaining useful life.

The two major defects that will affect the library building are: The water proofing of its roof and the continuing rotation of its eastern external wall. If the major defects are not resolved, an estimated remaining useful life of the library building would be approximately 10 years.

To repair the major defects will involve the following works and estimates on cost and time:

· Water proofing of its roof - Replacing the roof, ceiling, gutters, pipes and install soak wells, approximately $475,000 with a 12 week closure required

· Continuing rotation of its eastern external wall - Underpinning the foundation, approximately $136,000 with unknown closure time required

At the May 2017 Ordinary Council Meeting Council resolved the following motion:

O0517-107

Council Resolution

That Council:

1. Note the current condition of the Esperance Library Building; and

2. Request the CEO to provide a report outlining the facility options for the Frank Collett Library

3. Request the CEO engage a Geotechnical engineer with experience in “underpinning” to assess the Esperance Library Building.

Officer’s Comment

Shire officers “engage a Geotechnical engineer with experience in “underpinning” to assess the Esperance Library Building” as per the Council Resolution.

From the Galt Geotechnics report, please see attached:

We consider the most likely cause of the structural issues encountered is the presence of loose / uncompacted soils beneath the building. Given the underlying natural soil was likely formed by coastal processes

“Grout injection (permeation grouting) is considered to the best option for reducing further movement of the eastern wall. However, we have demonstrated that loose sand is present around the entire perimeter of the library, and this suggests that it is also likely to be present underneath the entire footprint of the library, even where cracks have not been noted. If grouting is only done under part of the library, it is likely that differential settlement will continue between the remediated areas and those left unrepaired. Given this, we recommend grouting the entirety of the library’s foundation, effectively creating concrete blocks underneath the strip footings to reduce any further settlement.

The estimated cost of undertaking the Grout injection is $554,000 ex GST including a 10% contingency, with an estimated timeframe of 14 weeks to complete the works as per the cost estimate from Wells Building Designs. The revised estimated costs of $554,000 to undertake the underpinning works now put the estimated cost of maintenance works for the next 10 years at $1.46 Million as per the Structural Condition Assessment of the Esperance Public Library report.

On review of the recommendations from the geotechnical report, it is likely that the underpinning works recommended will create a further differential settlement that would introduce further small cracking into the building. Currently Shire staff are monitoring the crack widths in the walls at the library, with no movement recorded over the past 18 months, this is consistent with the deferential settlement effects already having stabilized over 40 years, this will continue to be undertaken regularly to ensure the structural safety of the building.

Given the costs associated with the repair works totaling approximately $1.46 Million over the next 10 years and the Esperance Town Center Revitalisation Master Plan identifying the need for a Community and Cultural complex, which would incorporate a new library into the complex, it is recommended that Council consider leaving the building as per the status quo. Other options are explored in the Asset Management Implication sections.

Consultation

Galt Geotechnics

Wells Building Designs

Building Maintenance

Financial Implications

The financial implications arising from this report will be considered with future budget allocations.

Asset Management Implications

The Asset Management implications involved with the Library Building have been summarised in the four options presented below:

Library Options	Undertake works at Current Building	Move Library to Civic Centre	Move library new building	Status quo
Capital Costs
Purchase			$820,000
Capital / Maintenance	$1,457,000	$120,000	$800,000
Demolition		$150,000	$150,000
Fit Out	$150,000	$150,000	$150,000
Less Sale in 10 years			-$820,000
Total	$1,607,000	$420,000	$1,100,000	$0
Life 10 Years before new Library	10	10	10	10
Annual Costs
Economic 4%	$64,280	$16,800	$44,000
Depreciation	$160,700	$42,000	$110,000
Reactive Maintenance	$25,000	$10,000	$20,000	$25,000
Utilities	$40,000	$25,000	$35,000	$40,000
Total Annual Cost	$289,980	$93,800	$209,000	$65,000

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan2017-2027

Built Environment

Services, infrastructure and public places that meet and adapt to community needs and changing priorities

Ensure services, infrastructure and public places are aligned to community needs now and in the future

Environmental Considerations

Nil

Attachments

a ⇩.	Galt Geotechnics - Geotechnical Study - Esperance Library
b ⇩.	WBD - Underpinning Works Specification - Esperance Library
c ⇩.	WBD - Underpinning Cost Estimate - Esperance Library

Officer’s Recommendation

That Council:

1. Only consider undertaking essential building maintenance for the library building from now on;

2. Plan for the library to be part of the Community and Cultural complex in the long term; and

3. Request the CEO to continue monitoring the building for its structural condition.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 73

Item: 12.2.2

Draft Dempster Head Management Plan

Author/s	Jason Rhodes	Manager Parks and Enviroment
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D18/5788

Applicant

Internal

Location/Address

Dempster Head – Reserve 41141

Executive Summary

Council receives the Draft Dempster Head Management Plan 2018 and release the document for public comment for a period of 21 days

Recommendation in Brief

That Council

1. Receive the draft Dempster Head Management Plan 2018;

2. Request the CEO to advertise the draft Dempster Head Management Plan, for a period of 21 days, for public comment; and

3. Formally invite the key stakeholders to provide comment on the draft Dempster Head Management Plan 2018 during the consultation period.

Background

The Shire engaged South Coast NRM to update the 2003 Dempster Head management Plan to help manage ongoing social and environmental issues within the reserve. As part of the review a flora survey, dieback survey and basic land capability assessment were also undertaken. The updated management plan will guide the future management of the reserve and ensure the value of the reserve is protected so it can be enjoyed by future generations.

Officer’s Comment

The decision was made to update the 2003 Dempster Head Management Plan due to ongoing social and environmental issues within the reserve.

South Coast NRM were engaged to undertake a review of the 2003 Dempster Head Management Plan to reflect current conditions and provide recommendations on the future management of the reserve, a flora survey, dieback survey and land capability assessment was also completed as part of the review.

Formal consultation was undertaken with a number of key stakeholders as part of the review process to assist in identifying the community’s values of the reserve.

The report is well written and addresses all of the criteria set out in the scope of works; it deals with all of the current environmental and social issues within the reserve and provides clear recommendations of how to manage these into the future.

Consultation

Consultation was undertaken with the following key stakeholders,

1. Local Environmental Awareness Association

2. Esperance Tjaltjraak Native Title Aboriginal Corporation

3. Esperance Mountain Bike Association

4. Esperance Bird Observers Group

5. Esperance Wildflower Society

6. Rotary Club of Esperance

7. Rotary Club of Esperance Bay

8. DBCA Parks and Wildlife

9. Southern Ports Authority

10. Water Corporation

11. Telstra Corporation

12. Community Members

Financial Implications

To be considered in future budget allocations

Asset Management Implications

The Dempster Head Management Plan will help inform Asset Management Plans.

Statutory Implications

N/A

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

Maintain and improve condition of natural assets and reserves sustainably, taking into consideration recreational, environmental, cultural and economic values

Corporate Business Plan 2017/2018 – 2020/2021

Coordinate implementation schedule for the Coastal management Plan

Environmental Considerations

The environmental considerations arising from this report are the current condition and diversity of the vegetation within the reserve and the pressure it is being put under due to current recreational activities.

Attachments

a ⇨.

Draft Dempster Head Management Plan - Under Separate Cover

Officer’s Recommendation

That Council

1. Receive the draft Dempster Head Management Plan 2018;

2. Request the CEO to advertise the draft Dempster Head Management Plan, for a period of 21 days, for public comment; and

3. Formally invite the key stakeholders to provide comment on the draft Dempster Head Management Plan 2018 during the consultation period.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 75

12.3 Corporate Resources

Item: 12.3.1

Reassignment of Lease - Old Court House Museum Village - Robyne & Ronald Reynolds to Pauline Bonney

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D18/4575

Applicant

Robyne and Ronald Reynolds

Pauline Bonney

Location/Address

Portion of Lots 59 and 60 Dempster Street.

Executive Summary

For Council to consider reassigning the lease for the Old Court House in the Museum Village from Robyne and Ronald Reynolds to Pauline Bonney.

Recommendation in Brief

That Council, subject to the Minister for Lands approval, agrees to reassign the Old Court House in the Museum Village from Robyne and Ronald Reynolds to Pauline Bonney.

Background

Robyne and Ronald Reynolds have been trading as Kepa Kurl within the Museum Village since 2004 and moved into the Old Court House building in 2006. The current lease is due to expire 31 December 2018, with two options to extend of one year each.

Robyne and Ronald have advised that they have sold their business and have submitted a request to reassign their lease to the new owner, Pauline Bonney.

Pauline Bonney has requested to take on the lease of the Old Court House building in the Museum Village in order to operate this business which will trade under the name Karnpi Designs. The business will continue providing a quality and unique cultural experience for those who are seeking it in Esperance by offering Aboriginal artwork, giftware, souvenirs, artifacts and pre-packed bush foods. In addition, Karnpi Designs will also offer glassware, jewellery, clothing and homewares and also provide art classes.

Officer’s Comment

Kepa Kurl is a well established business within the Museum Village and the inclusion of Karnpi Designs will continue to provide unique products to locals and visitors to the Esperance community.

This lease reassignment will enhance the Museum Village precinct as a centre for locally produced arts and crafts, which will draw tourists and locals to the area.

Consultation

Robyne and Ronald Reynolds

Pauline Bonney

Financial Implications

The rent payable will be on the same terms and conditions as the current lease, being $9,804 ex GST for 2018 and subject to annual rent reviews based on market rent after this time.

Lease amendment fee of $200 will be payable.

Asset Management Implications

Nil

Statutory Implications

Commercial Tenancy (Retail Shops) Agreements Act 1985

Land Administration Act 1997 – Section 18 Crown Land Transactions that need Minister’s Approval

Policy Implications

COR004 – Building and Property Leases

COR003 – Museum Park Buildings Leasing Arrangements

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

A robust economy that provides a diversity of employment opportunities

Strengthen and diversify our economy by targeting new industries as well as building on our existing strengths

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurances

Environmental Considerations

Nil

Attachments

a ⇩.	Robyne and Ronald Reynolds - Request for Reassignment
b ⇩.	Pauline Bonney - Request to Take on Lease

Officer’s Recommendation

That Council, subject to Department of Lands approval, agrees;

1. To reassign the lease under the existing terms and conditions for the Old Court House from Robyne and Ronald Reynolds to Pauline Bonney; and

2. That a Lease Amendment Fee of $200.00 to apply to this transaction.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 81

Item: 12.3.2

Policy Review - Corporate Resources and Executive Services

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D18/4635

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the section of the Policy Manual that relates to Corporate Resources and Executive Services.

Recommendation in Brief

That Council endorse the Corporate Resources and Executive Services Policies inclusive of amendments, inclusions and deletions as reviewed.

Background

A review of Council Policies is recommended to take place every two years, in line with Council elections to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

Officer’s Comment

The following is a summary of recommended changes to the existing Corporate Resources and Executive Services Policies. Please refer to Attachment A for details.

Corporate Resources
Policy Name	Ref No.	Recommended Amendment
Financial Management	COR 002	Multiple changes to bring in line with current processes
Museum Park Building Lease Arrangements	COR 003	Update document controller title.
Building & Property Leases	COR 004	Update document controller title Minor wording changes Amend museum village buildings to (11) Remove Bob Stevens from classification (ii) example Rename 2. to be Lease Register Remove reference to order register by property classification Insert ‘ex GST’ in 4. (iii) Insert ‘from 2015’ in museum village lease fees paragraph, Remove reference to supplementary document in 5.
Procurement Policy	COR 007	Change to position titles in credit card limit section, update document controller
Records Management	COR 009	Update document status and controller, minor formatting changes.
Complaints Handling	COR 010	Minor changes, update document controller
Reserve Funding for Community Halls	COR 012	Update document controller title, minor formatting.
Debt Collection	COR 013	Multiple changes to bring in line with current processes
Public Land Improvement Licence	COR 014	Update document controller title
Computer and mobile Device Policy	COR 015	Minor rewording to make it easier to read

Executive Services
Policy Name	Ref No.	Recommended Amendment
Approval to Hold a Civic Reception	EXE 006	No change
Senior Employees	EXE 008	No change
Common Seal	EXE 010	Addition of the wording ‘and on an electronic register,’ to recognise the digital version that is maintained Minor grammar changes
Legal Representation Cost Indemnification	EXE 011	Removed the word emanates and replaced it with arises in the objective. Changed General Principles d) to read Further, the Local Government may seek its own advice on any aspect relating to such comments and criticisms considered to be of relevance against the Local Government.
Conferring of Honours	EXE 012	No change
Presentation of a Shire Plaque of the Council Crest	EXE 014	Very minor grammar changes
Vandalism Rewards	EXE 017	No change
Risk Management	EXE 019	Updated document controller
External Committee Representation	EXE 020	No change
Community Engagement Policy	EXE 021	Updated the reference to the new Strategic Community Plan, identified how we will report to Council and made minor grammar changes
Public Land Asset Strategy	EXE 022	Updated document controller title
Use and Storage of Presidential Chain	EXE 023	Minor grammar changes to wording

Policy EXE 007- Elected Member Entitlements is excluded from this review as the inclusion of members training is currently being researched and drafted. It is intended that this policy will be presented to a later Council meeting for review.

Consultation

Middle Management

Directors

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 s.2.7(2)(b) ‘Determine the Local Government’s policies’

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2017/2018 – 2020/2021

Manage Corporate Support

Environmental Considerations

Nil

Attachments

a ⇩.

Corporate Resources and Executive Services Policy Review

Officer’s Recommendation

That Council endorse the Corporate Resources and Executive Services Policies inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 141

Item: 12.3.3

Centenarian Waiver of Rates Policy

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

File Ref: D18/5008

Applicant

Corporate Resources

Location/Address

N/A

Executive Summary

For Council to review and endorse Centenarian Waiver of Rates Policy.

Recommendation in Brief

That Council endorse the Centenarian Waiver of Rates Policy as attached.

Background

Council resolved in November 2017 to waive rates for a ratepayer who had reached the milestone of 100 years and who resided at the property. Council also requested at the time for the CEO to draft a policy addressing Centenarians’ waiver of rates.

(Council Resolution O1117-277).

Officer’s Comment

In November 2017 Council resolved to waive rates for a ratepayer who had become a centenarian and was residing at the property. As this has set precedence for any future centenarians it is necessary to create a policy so consistency is applied for future applications.

The policy as attached addresses certain criterion that is to be met:-

· Proof of centenarian status

· The centenarian’s name is on the title of the property

· Determine what percentage of the property is the centenarian’s ownership

· Centenarian resides at the property

The policy determines when the effective date will be and no pro-rata waiving of rates is to occur. This is consistent with the council resolution in the November waiver of rates for centenarian.

The policy also addresses Pension and Senior Card holders and the occurrence of multiple owners of the property.

Adoption of the policy will provide a consistent guideline towards future applications for waiver of rates for centenarians.

Consultation

Nil

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2017/2018 – 2020/2021

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

a ⇩.

Draft: Centenarian Waiver of Rates Policy

Officer’s Recommendation

That Council endorse the Centenarian Waiver of Rates Policy as attached.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 143

Text Box: Council Policy Shire of Esperance Logo DRAFT: Centenarian Waiver of Rates Policy

Document Status	Draft	Version No
Document Controller
Policy Adopted		Res No
Last Reviewed		Res No

Objective: To provide criteria for when to waiver rates for a ratepayer who is 100 years of age or older.

Policy: Waiver of rates to be provided to a ratepayer if they are a centenarian and meet the following criteria:

· Proof of centenarian status

· The centenarian’s name is on the title of the property

· Determine what percentage of the property is the centenarian’s ownership

· The centenarian resides at the property

Criteria

Proof of Centenarian status – this can be in the form of one of the following; birth certificate, passport, letter of congratulations from the Queen or something similar.

Centenarian’s name on the title of the property – the ratebook will have the name of all property owners on the property title as per Landgate.

Centenarian’s ownership percentage – percentage of ownership of property is as per the ratebook.

Centenarian resides at the property – centenarian to sign a declaration stating they reside at the property. Centenarian is only eligible for waiver of rates whilst they are residing at the property.

Effective Date

Effective date for waiver is the next annual rates due date post the centenarian’s birthday.

No pro-rata waiving of rates is to occur.

If centenarian no longer lives at the property or dies after the annual rates due date and before the end of the next financial year there will be no requirement to refund the waiver of rates to the Shire.

Each subsequent year after the first year’s waiver, the centenarian must inform the Shire, in writing, they are still residing at the property and of any changes to the other criteria to continue to receive a waiver of rates. This needs to be done prior to the annual rates due date.

Pension and Senior Card Holders

Current Pension and Senior Card holders are eligible for a rebate on property rates if the property is their residence at the 1 July of each year.

When calculating the waiver of rates the Shire will continue to claim the rebate from the Office of State Revenue and waiver the remaining balance of rates.

Multiple Owners

In instances of multiple owners the centenarian will only receive a waiver for their portion of rates in accordance to the Rates and Charges (Rebates and Deferments) Act 1992.

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

Ordinary Council: Agenda

27 March 2018 Page 145

Item: 12.3.4

Lease - Tanker Jetty Site 3 Proposal Andrew Aston

Author/s	Sarah Walsh	Coordinator Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D18/5042

Applicant

Andrew Aston

Location/Address

Portion of Lot 991, Reserve 27318, The Esplanade Esperance.

Executive Summary

For Council to consider an Expression of Interest to lease Tanker Jetty Site 3.

Recommendation in Brief

That Council agrees to enter into a lease with Andrew Aston over Tanker Jetty Site 3.

Background

Mobile Food Van Site No 3 has been vacant since January 2017. Since this time the site has been advertised as available for rent on various occasions in the local paper, on social media and with signage at the site.

In June 2017 an application was received for a short term casual agreement at the site. This application was approved, however the licensees surrendered the license in September 2017. This was due to low patronage at the site and the applicants had an alternate site which receives greater patronage and decided to trade solely from the alternate site.

The site continued to be advertised during the casual agreement and after this was surrendered to try and obtain a full time lease for the site.

An application has been received from Andrew Aston to lease the site in order to operate a mobile food van business offering hamburgers, chicken, sandwiches, salads and drinks. He proposes to operate from lunchtime to late evening, 7 days of the week.

Officer’s Comment

This proposal offers foods that aren’t currently available in the area and will aid in making the area more attractive to patrons by also offering a food service in the afternoons and evenings at the site.

Consultation with lessees of the other Sites at the Tanker Jetty has been positive with no objections to the proposal being made by the tenants of Site 1 or 4. The tenant of Site 2 has not responded to correspondence to date.

Consultation

Andrew Aston

Site 1 tenant – Coffee Cat – Nicola Sime

Site 2 tenant – Spudlicious – Mary Joy Nichols

Site 4 tenant – S’Juice – Mario Abram

Financial Implications

As per s.3.58(4)(c)(i) of the Local Government Act 1995, to determine the market value of the disposition we require a rental valuation to be carried out, not more than 6 months prior to the proposed disposition. In this instance, it is proposed that we utilise s.3.58(4)(c)(ii) of the Act for determining the market value of the disposition. This clause states “as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.”

We have previously obtained an independent rental valuation in February 2017 for Tanker Jetty Site 3; the valuation was $4,675.00 Inc GST per annum. A recent market rent review conducted through local Real Estate agents has confirmed that market rents have not changed significantly over the past year.

Annual rent payable will be $4,675 Inc GST.

Lease preparation fee of $550 Inc GST will be payable

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997 – Section 18 Crown Land Transactions that need Minister’s approval

Local Government Act 1995 – Section 3.58 Disposing of Property

Commercial Tenancy (Retail Shops) Agreement Act 1985

Policy Implications

COR 004 Building and property leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

A robust economy that provides a diversity of employment opportunities

Strengthen and diversify our economy by targeting new industries as well as building on our existing strengths

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Expression of Interest - Andrew Aston

Officer’s Recommendation

That Council, subject to Department of Lands approval, agrees to;

1. Lease Tanker Jetty Site 3, portion of Lot 991 Reserve 27318 The Esplanade, to Andrew Aston;

2. The term of the lease being 5 years;

3. Lease rental being $4,675.00 Inc GST per annum and that Council consider the valuation obtained in February 2017 to be a true indication of the current market rental rate;

4. Lease preparation fee of $550 being payable; and

5. The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 149

Item: 12.3.5

Provision of Online Licensing Services in Shire of Esperance

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

File Ref: D18/5614

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider providing delegated authority to the CEO and Shire President to execute the revised agreements for the Provision of Licensing Services in the Shire of Esperance.

Recommendation in Brief

That Council delegates authority to the CEO and Shire President to execute the revised agreements with the Department of Transport for the Provision of Licensing Services in the Shire of Esperance for the next two years with a further three year extension options.

Background

The Shire of Esperance has been providing licensing services to the Esperance community since November 1998. The last agreement between Department of Transport (DOT) and Shire of Esperance was for ten years and expired on 31 December 2017.

Council considered entering into a new five year arrangement at the February Council Meeting and resolved O0218-050-

That Council authorise the CEO to make a counter offer to the Department of Transport Agreement for the Provision of Licensing Services in the Shire of Esperance for a two year period to 31 December 2019 with a further three single year extension options.

Officer’s Comment

The CEO made a counter offer as per the instructions from the Council for a two year contract with three one year extensions.

The Department of Transport has agreed to reissue the contracts under these terms (Attachment A) and also pointed out that the agreement does contain a mutual termination clause that can be used to end the agreement should it become uneconomical for the Shire to continue.

The previous resolution of the Council did not contain the delegated authority for the CEO and Shire President to execute the agreement if the Department of Transport agreed with the revised contracts. Although the revised contracts have not yet been received, the agreement to the new terms via email indicates that these will soon be forthcoming.

The Shire is currently operating under a 3 month extension of our contract that expired on the 31 December 2017.

Consultation

Department of Transport

Financial Implications

The financial implications arising from this report are commissions received from Department of Transport for the provision of licensing service to the Esperance community and visitors. In 2017 financial year this was approximately $230,000. Offsetting this is some of the costs incurred to provide the licensing service.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Services, infrastructure and public places that meet and adapt to community needs and changing priorities

Ensure services, infrastructure and public places are aligned to community needs now and in the future

Corporate Business Plan 2017/2018 – 2020/2021

Environmental Considerations

Nil

Attachments

a ⇩.	Licensing Contract Amendment Agreement
b .	Licensing Agreement- Main - Confidential
c .	Licensing Agreement- Non Road - Confidential

Officer’s Recommendation

That Council delegate authority to the CEO and Shire President to execute the revised agreements with the Department of Transport for the Provision of Licensing Services in the Shire of Esperance for the next two years with a further three year extension options.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 March 2018 Page 153

Item: 12.3.6

2017/18 Budget Review

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

File Ref: D18/5334

Applicant

Corporate Resources

Location/Address

Internal

Executive Summary

For Council to consider adopting the 2017/18 Budget Review as per legislative requirement.

Recommendation in Brief

That Council adopt the 2017/18 Budget Review.

Background

Council undertakes a Budget Review to assess the impact of actual events upon the adopted budget. The Budget Review document contains actual transactions up to the end of December 2017 and also a predicted figure for each account till the end of the financial year. The predicted figures attempt to quantify the likely difference that invariably occurs between the budget and the end of financial year actual result.

A detailed dissection of the income and expenditure variations is supplied as an attachment. The report lists all accounts which have a variance (surplus or deficit) from which was estimated in the annual budget. All of the variances shown require Council approval by Absolute Majority to adjust the original budget. If Council resolves to adjust the budget as per the attachment, it will provide a predicted $9,157 deficit by 30 June 2018.

The Budget Review was considered by Council at the Audit Committee meeting held on the 6 March 2018 and resolved the following resolution –

AU0318-065

That the Audit Committee recommends Council adopt the 2017/18 Budget Review.

Officer’s Comment

The Budget Review has been compiled in the statutory reporting program format similar to the monthly financial report. Four columns of information have been presented as follows:

1. The first column being the Council’s adopted budget

2. The second column contains the actual result recorded to 31 December 2017

3. The third column contains the actual result recorded to 21^st February 2018

4. The fourth column being the predicted result to the 30 June 2018

Revenue is presented in brackets, eg (100,000) and expenditure is presented without brackets.

The Budget Review process is essentially designed to ensure that the adopted budget is being adhered to and that there are no material variances that may cause a deficiency in “cash” to occur at financial year’s end.

A balanced budget was adopted by Council for the 2017/18 budget.

Since adoption budget amendments have been presented and adopted by Council, however all budget amendments have not affected the budgeted position. It has remained as a balanced budget.

The main variations which have been identified since budget adoption are outlined below:

· Depreciation overall has increased by approximately $1,000,000. Fair value of buildings occurred last year and the effect to depreciation was unknown at time of budget preparation. Road and Street depreciation is also unknown at time of budget because the final capitalization of roads for 2017 had not been completed.

· Purchase of light vehicles overall is expected to be approximately a $54,000 net saving to the budget.

· Financial Assistance Grant funding was $36,000 more than expected.

· Interest earnings for Reserve funds have been increased after a review of current investments and interest rates on offer.

· A budget has been included for BPAY View implementation costs of $7,000 which will be offset 100% by Commonwealth Bank. BPAY View is an option for ratepayers who would prefer an electronic copy of their rates notices to be sent instead of the current paper notice.

· A savings in Corporate Support wages with the manager role now a coordinator role and the officer position not being filled.

· Grant funding for “King of Concrete” and Edge of the Bay” has been decreased as grant applications were unsuccessful. Southern Port made a contribution to “King of Concrete”. Expenditure for each event has also been reduced.

· Expenditure for “Our Recovery Story – Esperance Fires 2015” has been increased by $10,000 due to the large response by the public requiring a larger book than first anticipated.

· Wages has been increased in Corporate Performance offset by a reduction in wages in Community and Economic Development for the Executive Services Officer part-time position.

· The Manager Corporate Support’s motor vehicle was transferred to Manager Executive Services when the manager position became a coordinator position. It is due for replacement and has been included in the budget as a result from savings in the light vehicle trade-ins.

· General Reimbursements in Corporate Resources have been increased due to extra income for administering the larger Homecare program.

· Organisational Review project has been reduced as it is unlikely all funds will be required this year.

· Long service leave accrual for Financial Services has been adjusted down due to Manager Financial Services taking long service leave.

· Employee Perception Survey costs has been included in the budget under Human Services.

· Managed Services expenditure has been decreased due to change of contract with Civica.

· Expenditure for the purchase of a multifunction colour copier has been removed from an operating account to a capital account as it was greater than the capitalisation threshold.

· Recognition of the transfer of State Emergency Services (SES) land to DFES has generated a Profit on Sale of $160,000 under Members of Council. In exchange the Shire took ownership of corner Windich and Forrest Streets. This exchange is reflected in Emergency Management cost centre.

· The Buraminya fire has cost the Shire in excess of $100,000 with no likely reimbursement from DFES.

· Fire Prevention cost centre, funded by DFES, will have an overspend at year-end, approximately $20,000, due to expenditure incurred in 2016/17 year that has since been determined as ineligible for reimbursement to the Shire by DFES.

· Budget has been included for Incident Control Vehicle shed for $60,000 funded 100% by DFES.

· Inclusion of $3,802 Continuous Local Authority Group (CLAG) funding and expenditure that was unbudgeted.

· Due to a change in funding Home Care income has increase significantly by approximately $950,000 with now 17 Level 4 packages on offer when previously there were only 3. Full time equivalent (FTE) from December 2016 to December 2017 has increased by 3.2 FTE as provision of more staff is required to care for the increased client base from the extra packages.

· Home Care capital budget has been increased to purchase another light vehicle, funded from their Asset Replacement Reserve, an extra vehicle is required due to the extra Level 4 packages.

· Volunteer Resource Centre budget was initially adopted for 6 months funding as it was unknown if a full year’s funding would be allocated. It has now been confirmed a full year’s funding will be received therefore the budget has been adjusted accordingly.

· Cemetery burial charges have been increased based on year to date trend, correspondingly the burial expenses has increased as well.

· Planning fees have increased due to contract planning services provided to Shire of Ravensthorpe.

· Inclusion of an insurance payout for the foreshore vandalism and a corresponding increase in building maintenance expense.

· Employee costs have been reduced for Strategic Planning and Land Projects due to a new contract.

· Increase in Truck Wash and Liquid Waste Facility fees based on year to date trend.

· Strategic Waste Initiatives project has been decreased as not all funds will be required.

· Adjustment to Waste Management’s capital budget for the front end loader purchase. A new front end loader will now be purchased for Road Making Plant (RMP) and the front end loader currently with RMP will be transferred to Waste Management. A transfer from Sanitation Reserve will help fund the new front end loader at the cost of the written down value of the transferred loader less the sale of the Waste Management loader.

· Increase in Waste Management capital budget for the construction of Hardstand Bays.

· Increase in Building Maintenance for the Leisure Centre, $64,000 for the replacement of the boilers; $12,000 air handling unit replacement; and $90,000 roof sheet replacement.

· A reduction in Swim School fees based on current trend.

· Due to change in government the Leisure Centre was not successful in receiving funding from the Community Pool Revitalisation Program which was budgeted to be spent on the plant room equipment. Therefore the income and expenditure account have been decreased.

· Civic Centre Show income and expenditure has been reduced in line with the current trend.

· Coastal Infrastructure includes another 6 month contract with Max Employment for the Work for the Dole program.

· A reduction in sundry supplies and honorarium at the Museum is offset by a capital purchase of $10,000 for a microfilm reader.

· Parks capital budget includes income for Smart Benches from Cliffs, Port Authority and Horizon Power and expenditure to purchase the benches.

· Matching income and expenditure from the Indoor Sports Stadium Committee for the purchase of the new flooring for the stadium.

· Budget amendment put to Council in December for the Detailed Design Development Esperance Indoor Sports Stadium is reflected in the Sporting Complexes budget.

· Building maintenance to replace the asbestos roof on the Noel White Pavilion, $200,000 has been removed as it will not occur this financial year and will be put as a carryover for next year.

· Grant funding from Department of Water for Eastern Suburbs Water Supply upgrade was unsuccessful and has been removed from the budget along with the expenditure.

· Licensing commissions and employee costs have been reduced to be reflective of year to date expectations.

· Flood damage expenditure and reimbursement has been increased to $450,000.

· Professional Services budget ($6,000) under Road and Street Operating has been reallocated to Asset Management Planning.

· Roads to Recovery funding have been increased by $111,791 therefore expenditure has increased by the same amount.

· Main Roads Direct Grant has been decreased by $279,652. As a result Gibson Road capital job has been removed for $91,940.

· Caravan Park income has been reduced based on year to date figures.

· Public Lands Strategy Implementation and corresponding reserve transfer has been reduced as all the funds will not be required.

· Inclusion of Tourism WA grant ($20,000) to fund a new location feasibility study for the visitor centre and an expenditure account for the same amount.

· Condingup water tank replacement expenditure and income has been reduced as funding from Department of Water was unsuccessful.

· Munglinup Beach Camping Agreement expenditure has been removed from budget as the management of camp grounds are now with Munglinup Beach Caravan Park.

· Flinders Estate proceeds on land sales and offsetting loan principal repayments has been increased to reflect current sales and two pending sales before the end of the financial year.

· Budget amendment put to Council in September for the purchase of Development Area 3 blocks is reflected in the Other Properties and Services capital budget. Budget amendment put to Council in October for the relocation of Eyre Street sewer is reflected in the same budget.

· Outside Works reimbursements has been increased for workers compensation claim payments.

· Private Works income and expenses have been reduced to reflect year to date trend.

In conclusion the Budget Review is a good result. The original budget commenced as a balanced budget and after the budget review as at 31 December 2017 the expected budget position is now a small deficit of $9,157. Considering the large additional unexpected expenditure of more than $100,000 for the Buraminya fire and a decrease in income from the Main Roads Direct Grant of nearly $280,000, albeit a small predicted deficit is a fantastic result under these circumstances.

Consultation

Executive Services

Corporate Resources

External Services

Asset Management

Financial Implications

As detailed in the attached Budget Review documentation.

Asset Management Implications

Nil

Statutory Implications

Local Government (Financial Management) Regulation 1996 – 33(a) Review of Budget

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2017/2018 – 2020/2021

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

a ⇩.

Budget Review 2017/18

Committee Recommendation

That Council adopt the 2017/18 Budget Review.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 March 2018 Page 184

Item: 12.3.7

Compliance Audit Return 2017

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

File Ref: D18/5429

Applicant

Corporate Resources

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the recommendation from the Audit Committee and adopt the 2017 Shire of Esperance Compliance Audit Return (CAR) as required pursuant to Section 7.13(1)(i) of the Local Government Act 1995, and Regulation 14 of the Local Government (Audit) Regulations 1996.

Recommendation in Brief

That Council adopt the 2017 Shire of Esperance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996 as attached.

Background

As in previous years, local governments have been required to complete a CAR by the Department of Local Government, Sport and Cultural Industries for each calendar year.

The 2017 CAR contains 94 questions across 10 categories formulated around the Local Government Act 1995 and associated regulations. Categories and questions are completed by the relevant shire officers, and the presented to Council through the Audit Committee for adoption.

A copy of the 2017 Shire of Esperance CAR is attached.

The Audit Committee met on the 6^th March and resolved the following-

9.1 Compliance Audit Return 2017

Moved: Cr Parsons

Seconded: Mr Mills

AU0318-064

Committee Recommendation

That the Audit Committee recommend to Council the adoption of the 2017 Shire of

Esperance Compliance Audit Return pursuant to Regulation 14(3) of the Local

Government (Audit) Regulations 1996.

CARRIED

Officer’s Comment

One area of non compliance was identified being the audit report not being received by the local government within 30 days of completion of the audit. The auditors report was signed by the auditor, dated 30^th October 2017 but was received along with the annual report at the December Ordinary Council Meeting held on the 19/12/2017.

It is not believed that the Shire was exposed to any increased risk or as an attempt to keep the auditors report from the Council. The annual report documentation was not available to be presented to Council until the December OCM where the audit report would normally accompany the annual report. This meant that the requirements of Audit Reg. 10 was not met. As reported previously there was nothing noted in the auditors report apart from two ratios not meeting the minimum Department of Local Government guidelines.

Consultation

Executive Services

Corporate Resources

Asset Management

External Services

Financial Implications

There are no financial implications arising from the recommendations of this report.

Asset Management Implications

There are no asset management implications arising from the recommendations of this report.

Statutory Implications

Section 7.13(1)i of the Local Government Act 1995 and Regulation 14 of the Local Government (Audit) Regulations 1996 apply.

Policy Implications

There are no policy implications arising from the recommendations of this report.

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.

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.1 Manage the Organisation

Environmental Considerations

N/A

Attachments

a ⇩.

Compliance Audit Return 2017

Committee Recommendation

That Council the adopt the 2017 Shire of Esperance Compliance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 250

12.4 Executive Services

Item: 12.4.1

Draft Fencing Local Law 2018

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/3028

Applicant

Shire of Esperance

Location/Address

N/A

Executive Summary

In January 2018 the Fencing Local Law review was completed. The review found that a new Fencing Local Law needed to be developed. This report commences the Local Law making process for the Fencing Local Law 2018.

Recommendation in Brief

That Council commences the law-making process for the Shire of Esperance Fencing Local Law 2018.

Background

In September 2017 Council commenced the periodic review of the Fencing Local Law 2002, as required under the Local Government Act s3.16. This review process was completed in January 2018 at the Ordinary Council Meeting (OCM). The review found that the current Fencing Local Law was lacking and needed to undergo significant changes to ensure it was compliant with higher legislation. It should be noted that during the public consultation period, no public submissions were received.

In the following resolution passed at the January OCM, Council requested the CEO commence the development of a new Fencing Local Law.

O0118-014

That Council

1. Note that no submissions from the public have been received that require consideration in accordance with Section 3.12(4) of the Local Government Act 1995.

2. Note that the current Fencing Local Law must be updated to be reflective of changes in higher legislation and operational requirements.

3. Request the CEO commence the process for the development of a new Fencing Local Law.

Officer’s Comment

Shire of Esperance Development & Statutory Services staff have created a draft Fencing Local Law that is simpler and consistent with higher legislation including the newly endorsed Local Planning Scheme 24 and the Building Act 2011 and Regulations. The proposed Local Law will correct general errors, incorrect terminology, inconsistent metrics and incorporate new terminology to be consistent with the Local Planning Scheme. Most notable is the removal of design advice throughout the document which was considered a liability to the Shire. The creation of the Fencing Local Law 2018 will repeal its predecessor, the Fencing Local Law 2002 (amended 2011).

The purpose and effect of the proposed local law is as follows:

The purpose of the Fencing Local Law 2018 is to outline what is considered a sufficient fence, what materials are appropriate and prohibited and the penalties for non-compliance with the Local Law.

The effect of the Fencing Local Law 2018 is that properties located within the Local Government district meet the requirements of a sufficient fence outlined in this Local Law unless otherwise provided for in the Act, Regulations or other written law.

If Council choose to proceed with the draft Fencing Local Law 2018 it will be advertised for public submissions for six (6) weeks and a copy will be forwarded to the Minister for Local Government and Minister for Commerce and Industrial Relations, as per the Act. Following the submission period, any submissions and proposed changes to the draft Local Law will be bought to Council for consideration. At this time the Local Law can be made as proposed or with minor changes.

Once endorsed the new Fencing Local Law would be published in the Government Gazette and local public notice would be given prior to an Explanatory Memorandum being supplied to the WA Parliament’s Joint Standing Committee on Delegated Legislation.

Consultation

Development & Statutory Services

WALGA

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item are

· Local Government Act 1995 s3.16

· Local Planning Scheme 24

Policy Implications

If the draft Fencing Local Law is made as currently proposed it will remove the necessity for policy Man015: Fencing Heights. In which case, the policy will no longer have any effect from the commencement day of the new Local Law.

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2017/2018 – 2020/2021

L1.3 Review the Shire’s suite of Local Laws

Environmental Considerations

N/A

Attachments

a ⇩.

Draft - Fencing Local Law 2018

Officer’s Recommendation

That Council

1. Commences the law-making process for the Shire of Esperance Fencing Local Law 2018, the purpose and effect of the local law being as follows:

Purpose: To outline what is considered a sufficient fence, what materials are appropriate and prohibited and the penalties for non-compliance with the Local Law.

Effect: That properties located within the Local Government district meet the requirements of a sufficient fence outlined in this Local Law unless otherwise provided for in the Act, Regulations or other written law.

2. Request the Chief Executive Officer under per s3.12(3) of the Local Government Act 1995:

a. To undertake all statutory advertising; and

b. Provide a copy of the proposed local law and public notice to the Minister for Local Government and the Minister for Commerce and Industrial Relations.

And;

3. Request the Chief Executive Officer, after the close of the public consultation period, submits a report to the Council on any submissions received on the proposed local law to enable Council to consider the submissions received and to determine whether the local law be made in accordance with s3.12(4) of the Local Government Act 1995.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 March 2018 Page 266

Item: 12.4.2

Appointment of Community Representives to Youth Advisory Council

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/5677

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider changing the status of a member to the Youth Advisory Council from an ex-officio appointment to a voting member

Recommendation in Brief

That Council appoints Miss Esther Bell as a voting member to the Youth Advisory Committee.

Background

At the Ordinary Council Meeting in August 2017, Council appointed members to the Youth Advisory Council (YAC). Due to a large amount of under 18 year olds nominating not all nominees were appointed as voting members. Miss Esther Bell was appointed as an ex-officio to the YAC at this time.

Officer’s Comment

In February Council filled four (4) vacancies on the YAC, however there are still five (5) vacancies available. It is proposed that Esther Bell be appointed as a voting member. Attached is Esther’s original nomination form from September 2017.

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Shire of Esperance Terms of Reference

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Corporate Business Plan 2017/2018 – 2020/2021

L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

a ⇩.

Nomination - Youth Advisory Council

Officer’s Recommendation

That Council appoints Miss Esther Bell as a voting member to the Youth Advisory Committee.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 March 2018 Page 269

Item: 12.4.3

Appointment of Community Representives to Esperance Twin Towns Committee

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/5721

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider appointing a Community Representative to the Esperance Twin Towns Committee.

Recommendation in Brief

That Council appoints Miss Serena Shaddick as a Community Representative on the Esperance Twin Towns Committee.

Background

There is currently one vacancy on the Esperance Twin Towns Committee for a Community Representative. A nomination for this position has been received from Miss Serena Shaddick who would like to be involved with this committee.

Officer’s Comment

Serena’s application clearly outlines why she would like to be considered for a position on the Esperance Twin Towns Committee. Her application is attached for review.

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Shire of Esperance Terms of Reference

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Corporate Business Plan 2017/2018 – 2020/2021

L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

a ⇩.

Nomination - Esperance Twin Town Committee

Officer’s Recommendation

That Council appoints Miss Serena Shaddick as a Community Representative on the Esperance Twin Towns Committee.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 March 2018 Page 272

Item: 12.4.4

Terms of Reference - New Landfill Community Reference Group

Author/s	Sarah Fitzgerald	Corporate Reporting & Governance Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/5687

Applicant

Department of Biodiversity, Conservation & Attractions

Location/Address

N/A

Executive Summary

To amend the Terms of Reference for the New Landfill Community Reference Group.

Recommendation in Brief

That Council adopt the amended Terms of Reference for the New Landfill Community Reference Group.

Background

The current Terms of Reference for the New Landfill Community Reference Group lists a representative from the Department of Biodiversity, Conservation & Attractions (DBCA) as a voting member. DBCA recently advised the Shire of their representative and requested the position have no voting rights. Correspondence and a proposed change to the Terms of Reference are attached.

Officer’s Comment

The proposed Terms of Reference for the New Landfill Community Reference Group has been amended to reflect the request received from the Department of Biodiversity, Conservation & Attractions.

Consultation

Department of Biodiversity, Conservation & Attractions

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995

Terms of Reference - New Landfill Community Reference Group

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Work together to enhance trust participation and community pride

Actively engage and communicate with the community to ensure informed decision-making

Corporate Business Plan 2017/2018 – 2020/2021

L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

a ⇩.	Proposed - Terms of Reference - New Landfill Community Reference Group
b ⇩.	Corrospondance - Department of Biodiversity, Conservations & Attractions Representative

Officer’s Recommendation

That Council adopt the amended Terms of Reference for the New Landfill Community Reference Group.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 March 2018 Page 277

Item: 12.4.5

Common Seal Useage November 2017 to February 2018

Author/s	Alli McArthur	Trainee Administrative Officer
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/5533

Applicant

Executive Services

Location/Address

Windich Street, Esperance.

Executive Summary

For Council to receive the Common Seal Register.

Recommendation in Brief

That Council receive the register containing information relating to the use of the Shire of Esperance Common Seal.

Background

The Chief Executive Officer and the Shire President are jointly authorised to affix all seals jointly to documents for dealings initiated by a Council resolution. In this regard, the Council resolution need not refer to the sealing action and may only express its wish for certain action which may, ultimately, require the affixing of the seal to a document to achieve the Council’s intention.

Exceptions to the above are:

1. Council staff may take independent action in the use of the seal if, in the opinion of the Shire President and Chief Executive Officer jointly such action is necessary to protect Council’s interest; e.g. Lodging of caveats and easements and being of the opinion that the protection is no longer necessary, the Shire President and Chief Executive Officer may jointly withdraw the protection.

2. The disposition of Council property for which a Council resolution is required expressly stating that the final document be signed and sealed and the transaction finalised.

A detail of all instances where the seal has been affixed is recorded in both a signed register and an electronic register, which is available for inspection by Councillors during normal office hours. This register will be tabled at an Ordinary Council Meeting annually to be received by Council.

Officer’s Comment

Both the signed register and the electronic register are available for inspection by Councillors during normal office hours. A copy of the electronic register will be tabled at an Ordinary Council Meeting annually to be received by Council.

Consultation

WALGA

Financial Implications

Nil

Strategic Implications

Statutory Implications

LGA – 9.49a Execution of Documents

Environmental Considerations

Nil

Attachments

a ⇩.

Common Seal - November 2017 to February 2018

Officer’s Recommendation

That Council receive the report titled The Shire of Esperance Common Seal Usage for the period November 2017 to February 2018.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 293

Item: 12.4.7

MOU Between State of WA and the Shire of Esperance for the Protection of Victoria Cross Graves

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

File Ref: D18/6122

Applicant

The State of Western Australia

Location/Address

Executive Summary

For Council to consider entering into a Memorandum of Understanding (MOU) with the State of Western Australia (WA) for the protection and preservation of the grave of Mr Leslie Tom Starcevich VC.

Recommendation in Brief

That Council agree to sign the attached Memorandum of Understanding with the State of the Western Australia for the Protection of Victoria Cross Graves, specifically the grave of Mr Leslie Tom Starcevich VC, in Esperance.

Background

On the 15 March 2018, the Shire President received a letter from the Hon. David Templeman MLA, Minister for Local Government; Heritage; Culture and The Arts (the Minister), requesting the Shire to consider, in principal, entering into a MOU to protect and preserve the graves of Victoria Cross (VC) recipients, particularly the grave of Mr Leslie Tom Starcevich VC, currently the only VC recipient grave located in the District (Attached).

Subsequently the draft MOU was received from the Department of Local Government, Sport and Cultural Industries (the Department), which is also attached for Council to review.

Council must now consider whether it wishes to agree to the proposed MOU.

Officer’s Comment

Victoria Cross recipient graves are currently maintained by the Office of Australian War Graves (OAWG), and the draft MOU does not reduce or remove this responsibility. The MOU does not impact on the legal rights and/or obligations of any party (Family, OAWG, the State of WA or the Shire), but is in effect a statement from the State Government and the Shire of Esperance of the significance of the Victoria Cross, the recipients achievements in attaining the Award, and in acknowledging this achievement, recipient graves warrant protection in perpetuity.

On reading the MOU the only significant obligation this MOU requires of the Shire is that Mr Starcevich’s grave will excluded from any future cemetery redevelopment scheme, which in the authors opinion would be an obvious requirement, with or without an MOU.

Consultation

At the time of writing this item, the Starcevich family has not been contacted by the Department. The Shire has forwarded the Starcevich family’s contact details to the Department, who has committed to contact Mr Starcevich’s family prior to executing the MOU, however they are waiting for Council agreement.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A Community where everyone feels welcomed, involved and connected to each other

Create a social environment that is accessible and inclusive for all ages and abilities

Environmental Considerations

Nil

Attachments

a ⇩.	Letter - Hon. David Templeman MLA
b ⇩.	MOU VC Grave Protection - Shire of Esperance

Officer’s Recommendation

That Council agree to sign the attached Memorandum of Understanding with the State of the Western Australia for the Protection of Victoria Cross Graves, specifically the grave of Mr Leslie Tom Starcevich VC, in Esperance.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 March 2018 Page 309

14. Motions of which Notice has been Given

Cr Payne

1. The Shire of Esperance shall develop a Tourism Strategy.

2. The Shire of Esperance shall use internal resources and input from the community and other relevant organisations such as Australia's Golden Outback to develop this Tourism Strategy.

Voting Requirement Simply Majority

Cr Payne’s Reason: Tourism has been identified in the recently adopted Community Strategic Plan (G3 - Esperance is a vibrant and welcoming tourist town), and the Shire of Esperance is committed to developing and promoting tourism investment. The Shire of Esperance has commenced a range of tourism related activities such as revamping its visitor centre website, calling for tenders for investigations into a suitable location for a new visitor centre, and also holding workshops to develop an iconic event for Esperance. However, what is not yet clear is what role does the Shire of Esperance want in tourism in the future, and what type of Tourism does Esperance want to attract. What does the Shire of Esperance want its relationship to be with community groups promoting tourism such as Tourism Esperance and what role does it want with respect to running the visitor centre and other tourism related activities such as events into the future. A Tourism Strategy may also highlight other important issues in our town which have the potential to affect tourism such as crime and drug use which may need to be addressed to ensure a vibrant tourism industry. A Tourism Strategy will be vital to creating a strong and vibrant tourism industry in Esperance for the future.

CEO Comment: Prior to Council taking responsibility for developing and delivering a Tourism Strategy, Council must firstly be comfortable with the Shire taking the lead role in tourism and must ensure that the local tourism industry and community is also comfortable with the Shire taking this role.

Following a recent briefing session with the CEO from Australian Golden Outback (AGO), Shire staff have requested a proposal from Destination Think to provide professional advice on what roles the Council could fill with respect leading and supporting tourism, this proposal is being formulated but has not yet been received. The current Tourism Strategy is due for review and a budget bid for this project will be submitted to Council during the budget process. The Shire has a strong partnership with AGO and will continue this relationship by combining resources in the promotion of tourism for Esperance and in building capacity in our local tourism industry.

To develop a Tourism Strategy that outlines priorities, target markets, future trends, product development, infrastructure requirements, potential events and responsibilities of all those involved in the industry Council must first determine the amount of resources they will commit to this. The increased involvement in the tourism area will require an increase in service in this area, requiring additional staff resources and budget. A consensus on the proposed level of commitment from Council must be determined prior to raising community and industry expectations on what the Shire can do with respect to supporting and building tourism. It would seem premature to develop a tourism strategy, while roles and responsibility for the area have yet been determined.

Cr Payne

1. The Shire of Esperance shall develop a rural strategy to complement the existing Town Planning Strategy and Town Planning Scheme.

2. The Shire of Esperance will seek advice from and collaborate with organisations such as Department of Biodiversity, Conservation and Attractions, Department of Water and Environmental Regulation and Department of Primary Industry and Regional Development whilst developing this Strategy.

Voting Requirement Simply Majority

Cr Payne’s Reason: The Shire of Esperance spans a vast land area of over 42,000 square kilometres and as a result faces a number of issues not faced by other urban Shires. With a modern deep port, Esperance has the potential to attract industrial activity which will provide economic benefit to our town.

Report 9519 of December 1995 prepared by Land Assessment Pty Ltd is a former Shire of Esperance Limited Rural Strategy and this strategy was prepared in order to address the issue of rural zoned areas abutting the Esperance townsite which would be suitable for closer subdivision. Today we are facing a different issue. Our issue is not residential use, but industrial activity in our Shire and the siting this activity appropriately given the sensitive nature of the Internationally protected wetlands surrounding our townsite and our fragile coastal environment.

Industrial activity should be encouraged, but needs to be sited so as not to impact the long term sustainability of our Shire. We also need to acknowledge the immense contribution of the farming industry in the Esperance Shire and ensure we continue to protect this as a sustainable profitable industry into the future. Item G10 in the recently adopted Community Strategic Plan is to support initiatives that enhance development to increase primary industries and the Shire of Esperance aspires to being the most innovative farming region in WA.

We are also facing other issues such as eg preservation of road reserves and the development of wildlife corridors within the Shire.

A Rural Strategy will complement our existing Town Planning Strategy and will be an important document to drive sustainable economic growth in our rural areas into the future.

CEO Comment: As previously advised to Council, there are significant limitations within current planning legislation to enable the Shire Council to protect sensitive environmental areas via the Local Planning Scheme or associated policies and strategies. These protections are provided via State and Commonwealth legislation, which overrides local planning authority. SCA 5 states that except within the Priority 1 area of the Lake Warden catchment the Local Government will refer applications for planning approval (except for Agriculture – Extensive, Single House and other related incidental uses) to the Department of Biodiversity Conservation and Attractions and the Department of Water and Environmental Regulation and the Local Government is to have due regard to recommendations and advice received from those authorities when determining applications. Within the Priority 1 area of the Lake Warden Catchment all applications (except for Single House and other related incidental uses) are referred to these agencies. Controls over industrial land uses is applied in Local Planning Scheme No. 24 . This is done by zoning as well as Special Control Areas. A strategy is not enforceable, and cannot override the scheme or current State planning regulations or directions.

The location of Industrial land uses are controlled by the zoning applied in Local Planning Scheme No. 24. It should also be noted that Local Planning Scheme No. 24 is considered an assessed Scheme by the EPA, prior to it being enacted.

A Rural strategy is not the mechanism to exclude or limit industrial activity from wetlands or sensitive coastal land. It should be noted that the majority of sensitive coastal land is already in crown reserve and this is reflected in the Local Planning Scheme. This needs to be in the Scheme which has legal effect. The former Shire of Esperance Limited Rural Strategy (Report 9519 of December 1995 prepared by Land Assessment Pty Ltd) has served its purpose and has been incorporated into Local Planning Scheme No. 24 and the Local Planning Strategy. Both these documents have received approval from Department of Planning (and WAPC). Any attempt to further limit the definitions in the Scheme, such as through a rural strategy which restricts or limits industrial activities will be inconsistent with the WAPC’s requirements and Council will not be permitted to take that action.

Cr Payne

1. The Shire of Esperance shall set up a Design Advisory Committee (DAC) to assist in progressing the design of the renewed Esperance Tanker Jetty.

2. The DAC shall include representation from Engineering Heritage WA, timber specialists, suitably qualified marine engineers with experience in timber jetty renewal and other relevant specialists.

Voting Requirement Simply Majority

Cr Payne’s Reason: Design Advisory Committees (DAC's) are used by some Local Governments to get independent advice on design issues although these are not a decision making forum. They are commonly made up of architects and other specialists. The basis for supporting them is that design benefits from collaboration and DAC's help draw out better designs. They are especially useful where Local Governments do not have skills in house to consider design factors.

The Shire of Esperance has recently advertised a public request for tender for detailed design of the Esperance Tanker Jetty. This requires the design being led by a Heritage Architect. A Design Advisory Committee will provide this Heritage Architect with a wider forum to discuss the design options with various experts facilitating the best Heritage outcome for this rare State Heritage Asset.

CEO Comment: The intention of the tender for the Esperance Tanker Jetty Replacement Detailed Design Development is to set up a team that has the skills and expertise to take the Shire from our current situation to a detailed design approved by the Heritage Council of WA. If the Heritage Consultant requires further professional expertise, it would be expected they would source these as part of them meeting the contract requirements. The heritage outcomes associated with the detailed design will also be discussed directly with the Heritage Council of WA and State Heritage Services.

To bring together the DAC membership as listed above will require a budget allocation, as it would be a reasonable expectation that the professional representatives would require disbursements for travel and time spent as part of the DAC.

Council also needs to consider that current tender scope does not include additional consultation with a DAC, which therefore has not been costed in the tenders received. Including a DAC at this late stage of the tender process will automatically create a contract variation, regardless of who the successful tenderer is. If Council wishes to involve a DAC in the design process, Council should reject all tenders for the Esperance Tanker Jetty Replacement Detailed Design Development and retender with the requirements of the consultant to take advice from the DAC, as this could be considered a significant change in overall tender scope.

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 item, in accordance with section 5.23(2) of the Local Government Act 1995.

Item: 17.1

Proposed Direction Notice - 3179 South Coast Highway Dalyup 6450

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)).

18. PUBLIC QUESTION TIME

19. CLOSURE

Policy Name:	LOCAL PLANNING POLICY: DEVELOPMENT FOR WHICH DEVELOPMENT APPROVAL NOT REQUIRED POLICY
Objective:	To provide exemptions for specified development.
Key Words	Permitted Development, Exemption
Statutory Compliance	Local Planning Scheme No. 24

a ⇩.	Information Bulletin - March 2017
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	GVROC Council Meeting Minutes 23 February 2018 - Under Separate Cover
d ⇨.	Interplan Report - February 2018 - Under Separate Cover
e ⇨.	Interplan Quarterly Report - February 2018 - 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)