Ordinary Council: Agenda

22 May 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

22 May 2018 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 22 May 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 24 April 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

Île de Ré Delegation Amendment

Author/s	Naomi Christensen	Event & Community Development Coordinator
Authorisor/s	Terry Sargent	Director External Services

File Ref: D18/8972

Applicant

Internal

Location/Address

Internal

Executive Summary

To seek Council’s support to amend the delegation to Île de Ré in recognition of the 30^th anniversary of the Twin Towns agreement between Esperance and St Martin de Re.

Recommendation in Brief

That Council amend the original delegation to include Twin Town Committee members Anaelle Talelo-Donjio and Ms Serena Shaddick to replace members Cr John Parsons and Ms Megan McDowell who are no longer able to attend.

Background

At the Ordinary Council Meeting of 23 January 2018, Council accepted the invitation to attend the 30^th Anniversary of the Twin Towns relationship in Île de Ré on 29-30 September 2018, on behalf of 8 representatives including Cr Victoria Brown, Ms Cathy Bamblett, Ms Catherine Davies, Mrs Amanda Thomas, Ms Megan McDowall, Mr Phil Jones, Cr John Parsons and Cr Dale Piercey.

Subsequently, Cr John Parsons and Ms Megan McDowall have advised they are unable to attend and the Association Île de Ré specifically requested French teacher and Twin Towns Committee member, Anaelle Talelo-Donjio join the delegation. In addition, Twin Towns Committee member, Serena Shaddick requested to attend as part of the delegation, with a view to document the celebrations in video.

Officer’s Comment

Members of the Twin Towns Committee were contacted individually via email regarding the prospect of Anaelle Talelo-Donjio and Serena Shaddick joining the delegation to Île de Ré for the 30^th Anniversary celebrations. Overwhelming support was received and no objections were raised. As the inclusion of the recommended delegates would not change the original number of the delegation, there are no financial implications.

Consultation

Association Île de Ré and Esperance Twin Towns Committee

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Esperance is a vibrant and welcoming tourism town

Promote awareness in Esperance on the value of tourism

Corporate Business Plan 2017/2018 – 2020/2021

4.1.1 Facilitate Councillors opportunities to represent the community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council include Anaelle Talelo-Donjio and Serena Shaddick as representatives in the delegation to Île de Ré for the 30 Anniversary celebration of the Twin Towns relationship, in place of Cr Parsons and Megan McDowall.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 May 2018 Page 13

Item: 12.1.2

Local Planning Scheme No. 24 - Amendment No. 3

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

File Ref: D18/9639

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Ivy Larmour Estate

Executive Summary

For Council to consider initiating Amendment 3 to Local Planning Scheme No. 24 to amend the Scheme by incorporating new clauses in RR5 in Schedule 8 by simplifying and rearranging the clauses. It should be noted that no modification is proposed to the outcomes created by the Scheme it simply amends the clause so that they are easily interpreted.

Recommendation in Brief

That Council:

1. In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by modifying clauses in Schedule 8.

2. Determining that the amendment is basic under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(d) an amendment to the scheme so that it is consistent with any other Act that applies to the scheme or the scheme area;

if the amendment will have minimal effect on the scheme or landowners in the scheme area;

3. Refer Amendment 3 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to forward the amendment, incorporating any advice from the EPA to the Western Australian Planning Commission.

Background

A complaint was received regarding the keeping of horses within the Ivy Larmour Estate. As a result of this complaint a letter was sent to all landowners within the Estate stating:

As a result of an investigation it has become apparent that livestock are being kept on a number of properties in the area contrary to the provisions of the Shire’s Local Planning Scheme 24. These provisions exist at the behest of the Department of Water and Environmental Regulation in order to protect the Gibson Wellhead Protection Zone, a groundwater source.

The prohibition on livestock in the area can be summarised as follows:

· No horses or pigs are permitted on any property in the Ivy Larmour Estate;

· No livestock are permitted on Lots 6-12 inclusive and Lot 16;

· A maximum of 10 Dry Sheep Equivalents per hectare are allowed (horses excepted) on Lots 2-5, 13, 14 and 17 only, in accordance with the Department of Agriculture and Food Stocking Rate Guidelines for Rural Small Holdings as attached; and

· Rearing or agistment of livestock and poultry for commercial purposes is prohibited on any property in the Ivy Larmour Estate.

As part of this landowners were advised that unauthorised stock and horses were to be removed within 60 days of the date of the letter.

The restrictions were placed due to the Ivy Larmour Estate's location next to the Gibson drinking water bore field. The entire estate is also shown as Priority 2 groundwater protection area in the Gibson Water Reserve Drinking water source protection plan.

As a consequence of feedback to the letter the Department of Water and Environmental Regulation was contacted to determine if there was a resolution that could be supported by the Department.

Officer’s Comment

Due to issues that were being raised as a result of the letter to landowners the Department of Water and Environmental Regulation was contacted.

The Department provided the following advice in relation to the Special Provisions:

· Clause 3 – The keeping of horses is prohibited.

Retain – it should be noted the keeping of pigs that was in Clause 4 has been moved to this clause for clarity.

· Clause 4 – The rearing or agistment of livestock and poultry for commercial purposes and keeping of pigs is prohibited

Retain – It should be noted that the reference to the keeping of pigs is now in Clause 3 and is hence deleted from this clause.

· Clause 5 – The keeping of grazing stock (other than horses or cattle) on any lot other than those affected by the wellhead protection buffer and the low lying building exclusion areas on subdivision guide plan Lots 6-12 inclusive an Lot 16 is permitted but shall be restricted to the equivalent of 10 Dry Sheep Equivalents (DSE) per hectare.

Retain – This has been simplified to just reference the prohibition on the subject lots rather than relating to geographic areas – this will assist in interpreting the clause. The clause has also been split into two clause one dealing with where there is a prohibition and one where there potential to approve.

· Condition 6 – Rural pursuits that have the potential to pollute the Gibson Public Drinking Water Source Area are to be refused or referred to the Water Corporation and the Department of Water and Environmental Regulation for comment and local government is to be due regard to advise received from those agencies when determination application.

Retain – no modifications proposed.

· Condition 7 - Fertilisers, herbicides and insecticides should be applied sparingly to prevent excess chemicals or nutrients leaching into the groundwater with particular reference to protecting the Gibson Soak Reserve 3041.

Replace - Best management practices should be used when using or storing chemicals such as fertilisers and pesticides to reduce the risk of contaminants leaching into groundwater.

· New Condition - Conditions may apply to the storage of fuels and chemicals within wellhead protection zones (WHPZ).

The opportunity to streamline the clauses to make them more legible and to reflect that subdivision of the Ivy Larmour Estate is complete was also taken resulting in the following:

RR5

Larmour Estate

Lots 2 – 14 and 17 Ivy Larmour Drive and Lots 15 and 16 Coolgardie – Esperance Highway, Gibson

Note: As shown on the Scheme Map.

1. No further subdivision shall be permitted.

2. No residential development or effluent disposal systems are permitted within the wellhead protection zone.

3. The keeping of horses and pigs is prohibited.

4. The rearing or agistment of livestock and poultry for commercial purposes is prohibited.

5. The keeping of livestock on Lots 6-12 inclusive and Lot 16 is prohibited.

6. Subject to subclause 3., the keeping of livestock is permitted on Lots 1-5 and Lot 13-15 in accordance with the equivalent of 10 Dry Sheep Equivalents (DSE) per hectare.

7. Rural pursuits that have the potential to pollute the Gibson Public Drinking Water Source Area are to be refused or referred to the Water Corporation and the Department of Water and Environmental Regulation for comment and the local government is to be due regard to advice received from those agencies when determining applications.

8. Best management practices should be used when using or storing chemicals such as fertilisers and pesticides to reduce the risk of contaminants leaching into groundwater.

9. Conditions may apply to the storage of fuels and chemicals within wellhead protection zones (WHPZ).

10. The local government may require, as a condition of planning approval, planting of trees and/or other perennial vegetation on lots that it considers require improvement and/or on areas that are identified for strategic (future) tree planting on the subdivision guide plan for the area.

11. The local government may require, as a condition of planning approval, to take measures that adequately preserve and protect vegetation on lots where the cover of such vegetation is considered worthy of preservation and protection, and/or otherwise is located within the strategic tree planting areas identified on the subdivision guide plan for the area. Such measures may include installation of fencing, firebreaks and any other measure the local government thinks fit.

12. Vegetation that is planted, preserved and/or protected in accordance with development of the subdivision and/or planning approval shall be retained to the satisfaction of the local government.

The proposed provisions will maintain the current level of control available in the Scheme.

Consultation

Extensive consultation has been undertaken with the Department of Water and Environmental Regulation with regards the preparation of the Amendment documentation.

The Department of Planning, Lands and Heritage – Planning have advised that the amendment can be considered a Basic amendment as it is a simple rewording of the provisions and does not materially impact on the land use potential of the lots with the Ivy Larmour Estate.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Strategy – Precinct 52

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

The area subject of this proposal has a Priority 2 classification under the Gibson Water Reserve Drinking water source protection plan (DoW, May 2008)

Attachments

a ⇩.

Local Planning Scheme No. 24 - Amendment No. 3

Officer’s Recommendation

That Council:

1. In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

i. Amending the Description of land in RR5 in Schedule 8 by replacing ‘Part former Esperance Location 320, Gibson’ with ‘Lots 2 – 14 and 17 Ivy Larmour Drive and Lots 15 and 16 Coolgardie – Esperance Highway, Gibson’.

ii. Amending Clause 1 in RR5 in Schedule 8 by deleting ‘Subdivision and development shall generally be in accordance with the subdivision guide plan dated 28.8.2008.’

iii. Amending Clause 2 in RR5 in Schedule 8 by replacing ‘300 metre water bore buffer identified on the subdivision guide plan’ with ‘wellhead protection zone’.

iv. Amending Clause 3 in RR5 in Schedule 8 by inserting ‘and pigs’ after the word ‘horses’.

v. Amending Clause 4 in RR5 in Schedule 8 by deleting ‘and the keeping of pigs’.

vi. Amending Clause 5 in RR5 in Schedule 8 by replacing the clause with ‘The keeping of livestock on Lots 6-12 inclusive and Lot 16 is prohibited.’

vii. Amending RR5 in Schedule 8 by inserting after Clause 5 a new clause stating ‘Subject to subclause 3., the keeping of livestock is permitted on Lots 1-5 and Lot 13-15 in accordance with the equivalent of 10 Dry Sheep Equivalents (DSE) per hectare.’

viii. Amending Clause 7 in RR5 in Schedule 8 by replacing the clause with 'Best management practices should be used when using or storing chemicals such as fertilisers and pesticides to reduce the risk of contaminants leaching into groundwater.'

ix. Amending RR5 in Schedule 8 by inserting after Clause 7 a new clause stating 'Conditions may apply to the storage of fuels and chemicals within wellhead protection zones (WHPZ).'

x. Amending Clause 7 in RR5 in Schedule 8 by deleting ‘the Gibson Soak’.

xi. Amending the Scheme by updating all numbering within RR5 in Schedule 8.

2. Determining that the amendment is basic under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(d) an amendment to the scheme so that it is consistent with any other Act that applies to the scheme or the scheme area;

if the amendment will have minimal effect on the scheme or landowners in the scheme area;

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 May 2018 Page 36

Item: 12.1.3

Development Application - Outbuilding (Shed) - Lot 529 Eleven Mile Beach, Pink Lake

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

File Ref: D18/9704

Applicant

Wells Building Designer and Consultants on behalf of S Parsons

Location/Address

Lot 529 Eleven Mile Beach Road, Pink Lake

Executive Summary

For Council to consider Development Application 10.2018.3798.1 for an Outbuilding (Shed) on Lot 529 Eleven Mile Beach Road, Pink Lake.

Recommendation in Brief

That Council resolve to refuse Development Application 10.2018.3798.1 for an Outbuilding (Shed) on Lot 529 Eleven Mile Beach Road, Pink Lake as it is inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No. 24.

Background

A development application for an Outbuilding (Shed) was received by Planning Services on 23 April 2018. Lot 529 Eleven Mile Beach Road is zoned Rural Residential and is 20,146 square metres in size.

As part of the assessment of the proposal it was noted that the proposed Outbuilding is inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No. 24 which states:

Erection of an outbuilding on a Residential or Rural Residential zoned lot is not permitted unless development approval has already been issued for the erection of a single house, grouped dwelling or multiple dwelling on the lot.

No approvals have been issued for a Single Dwelling on the property. Grouped dwelling and multiple dwellings are not permitted in the Rural Residential zone.

The proposal complies with all other provisions of the Local Planning Scheme and Local Planning Policy: Outbuildings.

There is no delegation to refuse development that is inconsistent with this Clause and as such the application has been referred to Council for being inconsistent with Local Planning Scheme No. 24.

Officer’s Comment

Clause 30(a) was originally inserted in Local Planning Scheme No. 24 due to the construction of numerous unapproved dwellings in previously approved Outbuildings in Rural Residential, and to a lesser extent Residential, zoned areas.

While the landowner has provided a statutory declaration that they will not use the Outbuilding for habitation, it is noted that the construction of unauthorised Dwellings in Outbuildings remains an issue in the Rural Residential areas

Planning Services strongly recommends that the application be refused on the grounds that were the proposal to be approved it would create precedence for overriding Clause 30(a), essentially rendering this Clause irrelevant.

If Council consider approving the development Clause 64 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 will need to be complied with.

If this option is exercised is should also be noted that the local government is required to enforce or implement effectively the observance of the Scheme.

Based on this application should be laid on the table until such time as the proponent prepares a local Planning Scheme Amendment and that such amendment is to be gazetted prior to the item being considered.

Consultation

As the only issue with the proposal is non-compliance with Clause 30(a), advertising was deemed unnecessary as the Scheme does not permit the development to be approved.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

It should be noted that pursuant to s.211(1) of the Planning and Development Act 2005, a person aggrieved by the failure of a local government to enforce or implement effectively the observance of a local planning scheme may make representation to the Minister. If the Minister considers it appropriate to do so, representation may be referred to the State Administrative Tribunal for its report and recommendation. Following subsequent actions and recommendation by the SAT the Minister may order the local government to do all things considered necessary for enforcing the observance of the Scheme or any provisions of the Scheme.

In this instance it is considered that the Scheme has been enforced effectively.

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 ⇩.	Statutory Declaration
b ⇩.	Plans

Officer’s Recommendation

That Council resolve to refuse Development Application 10.2018.3798.1 for an Outbuilding (Shed) at Lot 529 Eleven Mile Beach Road, Pink Lake on the following grounds:

1. The proposed development is inconsistent with Clause 30(a) of Schedule 1 of Local Planning Scheme No. 24.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 May 2018 Page 47

Item: 12.1.4

Esperance Seafront Caravan Park Management Extension

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

File Ref: D18/10463

Applicant

Brocam Pty Ltd

Location/Address

N/A

Executive Summary

The current managers of the Esperance Seafront Caravan Park have accepted the extension of management contract subject to Council agreeing to an increase of management fee of 1.7%.

Recommendation in Brief

That Council endorse an increase of Management Fee for the management of the Esperance Seafront Caravan Park of 1.7%.

Background

At the Ordinary Council Meeting of 27 March 2018 the following was resolved.

That Council offer to the current Contract Managers of the Esperance Seafront Caravan Park the option

to extend the Initial Expiry Date of the Management Agreement for Esperance Seafront Caravan Park by the First Further Term for one year

The current managers have accepted the offer of the additional term subject to Council agreeing to an increase of 1.7% on the current contract, being the national Consumer Price Index increase over the 2016/17 year (being the most recent full financial year figure available).

Officer’s Comment

The current management fee was set at the commencement of the management contract, with no set increments. The intention was to enable the fee to be renewed in line with park performance in the case of any extension of term rather than having set figures in place. The second year of operation has seen a significant increase in occupancy which has impacted on both staff requirements and consumables, which the park managers are responsible for. An increase of 1.7% would result in additional monthly costs of $715.85 ($8,590.20 per annum) ex GST. This is seen as a reasonable request following two years of operation with no increase in fee, especially when the increase in patronage (and the associated costs) is considered.

Consultation

This request was discussed with the Director External Services prior to this item being written.

Financial Implications

The financial implications arising from this report would be included within the 2018/19 budget. There is no impact on the current budget with this change not applying until the new financial year.

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

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council endorse an increase of Management Fee for the management of the Esperance Seafront Caravan Park of 1.7%.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

22 May 2018 Page 49

12.2 Asset Management

Nil

12.3 Corporate Resources

Item: 12.3.1

Self Supporting Loan - Newtown Condingup Football Club

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

File Ref: D18/10312

Applicant

Newtown Condingup Football Club

Location/Address

Dick Mulgat Drive, Esperance

Executive Summary

This report recommends approval of a new self-supporting loan of $60,000 for the purpose of assisting with renovation and extension of the Newtown Condingup Football Club rooms.

Recommendation in Brief

That Council agrees to provide a self-supporting loan of $60,000 to Newtown Condingup Football Club for a term of 10 years for the purpose of assisting with renovations and extension of the Newtown Condingup Football Club rooms. Council is also to provide one month’s public notice of the proposal and secure guarantors from the club.

Background

Newtown Condingup Football Club (NCFC) received a Community Sporting and Recreation Facilities Fund (CSRFF) grant of $57,000 along with $50,000 from the Shire of Esperance to put towards new change rooms, roof and ablutions. This was a $198,000 project and the club funded the remaining $91,000 with cash savings and member contributions.

During the construction phase the club decided to do a power upgrade, new verandah and bi-fold doors and this second project is to cost $84,000. The club is requesting a self-supporting loan of $60,000 to cover the shortfall after $24,000 is secured from members. See attached letter from the club.

NCFC have requested the loan over a 10 year term with semi-annual repayments. The annual repayments will be approximately $7,000.

Officer’s Comment

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

Repayment Ability: Audited financial statements for the last 3 financial years have been provided in support of the application. Based on this data a projection for future years’ profit and loss indicates the club would generate enough net income to service the loan assuming no significant changes. The club also acknowledges their intention to fundraise in addition to the status quo so that depleted savings used for the project can be generated for re-investing.

Security: Standard practice for a self-supporting loan is that personal guarantees are sought from within the membership group who will benefit from the loan provision. NCFC has provided a list of 8 guarantors. Loan documents between the Shire and the Club must be signed along with all guarantors before any funds are released.

The Club has had a self-supporting loan in the past and always met their loan repayment requirements by the due date.

Advertising for this loan will be required prior to applying for the funds from West Australia Treasury Corporation in accordance to Section 6.2 (2) of the Local Government Act (1995).

Consultation

Western Australia Treasury Corporation

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

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

Policy Implications

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

Strategic Implications

Strategic Community Plan 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 Financial Services

Environmental Considerations

Nil

Attachments

a ⇩.

Newtown Condingup Football Club - Loan Request Letter

Officer’s Recommendation

That Council:

1. provide a self-supporting loan of $60,000 to Newtown Condingup Football Club for a term of 10 years for the purpose of assisting with renovations and extension of the Newtown Condingup Football Club rooms

2. provide one month’s public notice of the proposed borrowings

3. secure personal guarantors for the loan from Newtown Condingup Football Club.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

22 May 2018 Page 53

Item: 12.3.2

Notice of Intention to Impose Differential Rates for the 2018/19 Financial Year

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

File Ref: D18/10740

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider advertising proposed differential rates in preparation for the adoption of the 2018/2019 budget.

Recommendation in Brief

That Council endorse the differential rates as proposed for the 2018/2019 budget along with the objects and reasons, seek public submission and Ministerial approval for those rates that are more than twice the lowest differential rate.

Background

In preparation for the implementation of the 2018/19 Budget Council must determine the rates and the minimum rates for differential rating categories that are proposed to be used in the following budget.

There is a requirement under Section 6.36 of the Local Government Act 1995 that if the Shire is intending on implementing a differential rate that it gives local public notice of its intention to do so. Once endorsed the differential rates must be advertised for a period of a minimum of 21 days providing for public submissions.

A number of workshops were held with Council during March and April in regards to proposed rates for the 2018/19 financial year whilst discussing the Long Term Financial Plan. During the review of the Long Term Financial Plan it became apparent that a significant amount more money needs to be spent on transport infrastructure to maintain a reasonable and sustainable level of service. Rates increases would be used as one of the tools to assist in closing the asset management gap and ensuring the Shire of Esperance remains sustainable into the future.

The review or the long term financial plan has an objective of closing the asset management gap over an approximate 6 year period and increasing rates to be spent predominantly on rural road re-sheeting.

Officer’s Comment

The Local Government Act allows for differential rates to be applied to overcome issues where the land use within the rating category is completely different and therefore valuations are significantly different. To ensure equity with the rating system it is proposed to again propose a differential rate for those properties used predominantly for mining purposes within the UV category.

The current rating structure also has a differential rate within the GRV category on those properties that are used predominantly for commercial purposes that is 2% higher than the uniform GRV rate in the dollar. It is proposed that this rating structure for the 2018/19 year continues with commercial properties rated 2% higher than GRV Residential properties which is consistent with the same rating structure as the 2017/18 financial year.

Valuations are reviewed by the Valuer General and have different valuation periods for the two different rating categories. UV properties are re-valued every year and properties within the GRV category are re-valued every 3-5 year.

As 2018 is not a revaluation year for GRV properties it is expected that any rate increases can be controlled by Council to a far greater extent through any changes to the “rate in the dollar” than if it was a revaluation year.

The Long Term Financial Plan has determined that the rates yield required to ensure a balanced budget whilst allocating additional money towards asset renewal requires an increase in yield of approximately 4.5%.

UV rates have been revalued and the assessment from the Valuer General (see attached) is that valuations have increased on average by 10.85%. To ensure the valuation increase is factored into the proposed “rate in the dollar”, the increase is proposed at 4.45% for the UV category but the “rate in the dollar” has decreased by 6.1%.

The recommended increase of 4.45% is in line with previous adopted long term plan to ensure some stability for rate increases.

Gross Rental Valuation Category

It is proposed that the rate yield in the uniform GRV category be increased by 4.45%. It is proposed to maintain the differential rate on the commercial/industrial category at 2% higher than the uniform GRV rate.

Unimproved Category

It is proposed that the UV category also be increased by 4.45% (taking into account the valuation increase) and it is again proposed that a differential rate be retained within the mining category to raise additional revenue to fund the additional impacts to the Shire. The reason that it is rated higher is to reflect the higher road infrastructure maintenance costs to the Council as a result of frequent heavy vehicle use over extensive lengths of the Shire road network.

Consultation

No community consultation has been undertaken in relation to this report. Statutory consultation is required by Section 6.36 of the Local Government Act 1995 if the recommendation is adopted. The proposed differential rate will also need be referred to the Department of Local Government for ratification by the Minister.

Financial Implications

It is estimated that the proposed rates will yield an amount of $20,540,293 after taking into account concessions provided on properties within Development Area 3, Israelite Bay and Myrup Fly in Estate and an estimated $39,248 in interim rates.

Asset Management Implications

The additional income that is proposed to be yielded from the rates increase that is over and above the normal operational and capital allocations is proposed to be spent on the rural road network and assisting in closing the asset management gap within this area.

Statutory Implications

Section 6.33,6.35 and 6.36 of the Local Government Act 1995.

Strategic Implications

Strategic Community Plan 2017-2027

L2 Provide responsible resource and planning management for now and the future

Attachments

a ⇩.	Valuer General UV Valuations
b ⇩.	Rate Models
c ⇩.	Objects and Reasons for Differential Rates

Officer’s Recommendation

That Council-

1. Endorse the following differential rates across all categories to form the basis of proposed rate setting for the 2018/2019 budget.

Differential Rate Category	Cents in the Dollar	Minimum Rate
GRV Residential	0.097181	$1124
GRV Commercial	0.099125	$1124
GRV Vacant	0.097181	$1124
UV Commercial	0.008525	$1124
UV Rural	0.008525	$1124
UV Mining	0.093653	$562

2. Adopt the objects and reasons for each of the proposed differential rates and minimum payments (as attached).

3. Authorise the Chief Executive Officer to advertise the differential rate and call for submissions in accordance with the Local Government Act 1995, Section 6.36 for a minimum of 21 days.

4. Authorise the Chief Executive Officer to seek Ministerial approval under Section 6.33 of the Local Government Act 1995 to impose differential rates for those rates that are more than twice the lowest differential rate.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 May 2018 Page 111

12.4 Executive Services

Item: 12.4.1

WALGA Annual General Meeting and WA Local Government Convention 2018

Author/s	Helen Hall	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/7774

Applicant

Executive Services

Location/Address

Internal

Executive Summary

For Council to nominate two (2) Council voting delegates for the 2018 WALGA Annual General Meeting, to be held in Perth on Wednesday 1 August 2018, as part of the Annual Local Government Convention.

Recommendation in Brief

That Council nominate Councillors __________________________ as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 1 August 2018. Councillor/s__________________________________________________ and the CEO will attend the 2018 Western Australian Local Government Convention held in Perth on 2 and 3 August 2018.

Background

The 2018 WA Local Government Convention & Trade Exhibition (Local Government Week) will be held Wednesday, 1 August – Friday 3 August 2018 at the Perth Convention & Exhibition Centre (PCEC).

As per previous Local Government Weeks, WALGA will hold its Annual General Meeting, to discuss and consider local government industry issues. Each member Council of WALGA has the ability to elect two (2) voting delegates to participate at the WALGA Annual General Meeting (non-voting delegates are also able and encouraged to attend).

Officer’s Comment

Attendance at the annual WA Local Government Convention is open to all Councillors. Registration fees, travel and accommodation expenses will be paid by Council in advance for any Elected Member(s) choosing to attend the WA Local Government Convention. This year the convention theme is “Ready & Relevant”. Convention information & registration pamphlets have been distributed to all Councillors.

As a member of WALGA, it is important that Council also attend WALGA’s Annual General Meeting, requiring the election of voting delegates by Council.

Financial Implications

The costs associated for this conference can be accommodated within 2017/18 budget: Members of

Council Travel, Accommodation and Conference expenses. Anticipated costs are approximately $3,625 per delegate comprising registration of $1,475; airfares in the vicinity of $500 and accommodation of approximately $1000 per delegate plus meals and other miscellaneous expenses.

Policy Implications

Council Policy EXEC-007: Elected Member Entitlements

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

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

Attachments

a ⇩.	2018 Local Government Convention - Ready & Relevant
b ⇩.	Notice of Meeting - WALGA AGM

Officer’s Recommendation

1. That Council nominate Councillors _____________ and ________________ as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 1 August 2018.

2. That Councillor/s_________________________________________________ and the CEO to attend the 2018 Western Australian Local Government Convention held in Perth on 2 and 3 August 2018.

Voting Requirements Simple Majority

Ordinary Council: Agenda

22 May 2018 Page 135

Item: 12.4.2

Annual Review of the Delegated Authority Register 2018/2019 (Council to CEO)

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

File Ref: D18/10292

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to review its delegations to the Chief Executive Officer in accordance with the requirements of Section 5.46(2) of the Local Government Act 1995.

Recommendation in Brief

That Council endorse the Delegated Authority Register 2018/2019 (Council to CEO).

Background

Section 5.42 of the Local Government Act 1995 (the Act) provides authority to a local government to delegate to the CEO any of its powers or the discharge of any of its duties under the Act other than those referred to in section 5.43.

Section 5.46(1) of the Act requires the CEO to keep a register of delegations made to the CEO and to employees. Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 27 June 2017 (Resolution No. O0617-133), and therefore a formal review by Council is now required.

A full copy of the proposed Delegation Register has been appended under separate cover for the information of Elected Members (Appendix A).

Officer’s Comment

Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year. During the 2016/2017 financial year one amendment was made to the register after the full review was completed.

The purpose of this annual review is for Council to consider its delegations to the Chief Executive Officer, or delegations direct to other officers, and determine their ongoing suitability.

There have been no changes to higher legislation since the previous review was undertaken that impact the delegations in place from the previous year. There are only two minor amendments made to the 2017/2018 Delegated Authority Register to update the register to 2018/2019:

· Information in the introduction was updated to reference the new Register numbers. Minor changes to wording that do not change the message or intent of the introduction and are highlighted in the attached report.

· 1.1 Acceptance of Tenders – In the Compliance Links column the Council Policy referred to required a letter to be removed to use the correct reference, now read COR 007.

Delegations to the CEO are at the discretion of Council. Council may elect to make changes to the delegations, these will be recorded and alterations to the register made accordingly

Consultation

Executive Management Team

Middle Management Team

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Building Act 2011

Health Act 1911

Planning and Development Act 2005

Bush Fires Act 1954

Food Act 2008

Animal Welfare Act 2002

Dog Act 1976

Litter Act 1976

Spear-Guns Control Act 1955

Cat Act 2011

Local Government (Miscellaneous Provisions) Act 1960

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

Annual Review and update Delegated Authority Register

Environmental Considerations

Nil

Attachments

a ⇨.

Draft - Delegated Authority Register 2018-2019 (Council to CEO) - Under Separate Cover

Officer’s Recommendation

That Council endorse the Delegated Authority Register 2018/2019 (Council to CEO).

Voting Requirement Absolute Majority

Ordinary Council: Agenda

22 May 2018 Page 137

Item: 12.4.3

Member Appointments - South Coast Management Group

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

File Ref: D18/10560

Applicant

South Coast Management Group Inc. (SCMG)

Location/Address

Five Local Government Authority areas form the South Coast Management Group Inc. including the Shire of Esperance, Shire of Ravensthorpe, Shire of Jerramungup, City of Albany and Shire of Denmark.

Executive Summary

To appoint two (2) Community Members and two (2) Elected Members to the South Coast Mangement Group Inc. as per the SCMG Rules.

Recommendation in Brief

That Council appoint two (2) Community Members for the Shire of Esperance, two (2) Elected Members as voting members and a Deputy to the South Coast Management Group Inc. and request the CEO write to the South Coast Management Group Inc. to advise them of the appointments.

Background

The South Coast Management Group Inc. (SCMG) is an association whose membership comprises of five (5) Local Government Authorities being the Shire of Esperance, Shire of Ravensthorpe, Shire of Jerramungup, City of Albany and Shire of Denmark. Their vision is…

“…to bring together people, organizations and information, so that communities in the South Coast Region are able to work in partnership, to improve the quality of the coastal and marine environment, resulting in environmental, social and economic sustainability.”

The SCMG must meet a minimum of four (4) times per year, however they usually meet five (5) times, once within each Local Government Area. As per the South Coast Mangement Group Inc Rules, (Attachment D) each participating Local Government must provide the following members, the Chief Executive Officer (or their proxy), two (2) Elected Members and two (2) Community Members, which are appointed by the Local Government. All positions are for a two (2) year term, to coincide with the Ordinary Local Government Elections.

Officer’s Comment

An Expression of Interest for the Shire of Esperance’s two (2) Community positions was advertised in the Esperance Express on Friday 6 April and 13 April 2018. The nomination period closed on 18 April 2018 with three (3) applications being received. All three (3) applicants filled in the nomination correctly and provided information that is relevant to the position on the SCMG. The nominations are attached.

During the research for this report it was noted that the SCMG requires the membership of the Chief Executive Officer (CEO) and two (2) Elected Members, however at the Special Council Meeting (SCM) on 7 November 2017 Council appointed one (1) Elected Member, the CEO and one (1) Deputy Elected Member. It is proposed that Council now appoint two (2) Elected Members and a Deputy to ensure full advantage is taken of the Shire’s voting capacity. At the November SCM, Cr Lara McIntyre was appointed as the voting member and Cr Dale Piercey was appointed as Deputy.

Consultation

Nil

Financial Implications

There are no financial implications arising from this report as all costs associated with travel, accommodation and meal are covered by SCMG for Community Representatives.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Policy EXE 020: External Committee Representation deals with the roles and responsibilities or

Councillors to external committees.

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that works together as custodians of a pristine 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

L1.1 Represent and communicate community priorities at Federal, State, Regional and Local level

Environmental Considerations

Nil

Attachments

a ⇩.	Nomination - South Coast Managment Group - Helen McCarthy
b ⇩.	Nomination - South Coast Managment Group - Manue Daniels
c ⇩.	Nomination - South Coast Managment Group - Sarah Belli
d ⇩.	Rules - South Coast Management Group Inc.

Officer’s Recommendation

That Council

1. Appoint _____________ and _____________ as Community Members for the Shire of Esperance on the South Coast Management Group Inc.

2. Appoint Cr ___________ and Cr ____________ as voting members and Cr ________ as Deputy to the South Coast Management Group Inc.

3. Request the CEO write to the South Coast Management Group Inc. to advise them of the above appointments.

Voting Requirement Simple Majority

Ordinary Council: Agenda

22 May 2018 Page 189

13. Reports Of Committees

14. Motions of which Notice has been Given

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

17. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.

Item: 17.1

0113-18 Prequalified Supplier Panel - Plant Hire

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

Item: 17.2

0114-18 Prequalified Supplier Panel - Building Services

Confidential Item

Item: 17.3

0115-18 Prequalified Supplier Panel - Workshop Services

Confidential Item

Item: 17.4

0116-18 Prequalified Supplier Panel - Parks and Reserves Maintenance

Confidential Item

Item: 17.5

0117-18 Prequalified Supplier Panel - Traffic Management

Confidential Item

Item: 17.6

0118-18 Prequalified Supplier Panel - Professional Services

Confidential Item

Item: 17.7

0108-18 Supply & Deliver Gravel Base Course Material

Confidential Item

Item: 17.8

0110-18 Supply of Stormwater Drainage Products

Confidential Item

Item: 17.9

0111-18 Supply & Delivery of Cement & Concrete Products

Confidential Item

Item: 17.10

0112-18 Supply & Delivery of Blue Metal

Confidential Item

18. PUBLIC QUESTION TIME

19. CLOSURE

a ⇩.	Information Bulletin - May 2017
b ⇩.	Interplan Report - April 2018
c ⇨.	GVROC Minutes - 2 February 2018 - Under Separate Cover
d ⇨.	GVROC Minutes - 23 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)

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