Ordinary Council: Agenda

28 August 2018 Page 2

DISCLAIMER

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

ATTACHMENTS

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

Ordinary Council: Agenda

28 August 2018 Page 3

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

Agenda Briefing ¨ Ordinary Council Meeting ¨ Both Meetings ¨

Name of Person Declaring the Interest:

Position: Date of Meeting:

This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act and Local Government (Administration) Regulation 34C.

Interest Disclosed

Item No:

Subject:

Nature of Interest:

Type of Interest: Financial Proximity Impartiality

Interest Disclosed

Item No:

Subject:

Nature of Interest:

Type of Interest: Financial Proximity Impartiality

Interest Disclosed

Item No:

Subject:

Nature of Interest:

Type of Interest: Financial Proximity Impartiality

Signature: Date:

Office Use Only:

Entered into interest Register:

Officer Date

Ordinary Council: Agenda

28 August 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

28 August 2018 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 August 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 Administration Officer - Executive Services

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

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 24 July 2018, and the Special Council Meeting of the 7 August 2018 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Transfer of Reserve 35069 to the Shire of Esperance

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

File Ref: D18/17715

Applicant

Internal (Strategic Planning and Land Projects) and Department of Education

Location/Address

Reserve 35069

Executive Summary

For Council to consider taking on the Management Order of Reserve 35069 (Cascade Oval).

Recommendation in Brief

That Council accept the management of Reserve 35069 and agree to continued usage by the Cascade Primary School at agreed dates and times.

Background

The Shire was previously approached in 2013 regarding the potential transfer of Reserve 35069 which is maintained by the Shire and used as part of the Cascade Recreation Facility. The Department of Education have now granted approval to transfer the reserve to the Shire of Esperance subject to continued usage by the Cascade Primary School at agreed dates and times.

Officer’s Comment

Due to the Cascade Recreation Hall and facilities being partially located within Reserve 35069 and the Oval is the sole oval within the Cascade Townsite it is considered appropriate for the management of the reserve to be transferred to the Shire of Esperance with arrangements being made for the School to use the reserve during nominated dates and times (which is the current practice).

Consultation

Asset Management

Department of Education

Financial Implications

Nil

Asset Management Implications

The oval (Reserve 35069) is used for cricket during summer and other community events during the year; the oval is currently serviced on a quarterly schedule (when the town is serviced) and by request for special events.

Statutory Implications

Land Administration Act 1997

Policy Implications

Public Open Space Strategic Plan 2015 - 2025

The subject site is shown as the ‘Cascades Community Park’ and has a recommendation to investigate current vesting of the reserve to determine ownership.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Sustainable, high quality assets which meet the needs of the community

Maintain the Shire’s robust asset management practices and maintenance programs

Environmental Considerations

N/A

Attachments

a ⇩.

Department of Education - Offer of Reserve 35069

Officer’s Recommendation

That Council accept the management of Reserve 35069 and agree to continued usage by the Cascade Primary School at agreed dates and times.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 August 2018 Page 15

Item: 12.1.2

Prioritisation of CSRFF Grant Applications

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

File Ref: D18/18927

Applicant

Internal Report

Location/Address

N/A

Executive Summary

Council is requested to endorse and prioritise applications for the current CSRFF Small Grants Round.

Recommendation in Brief

That Council:

1. Endorses the CSRFF Small Grant Funding applications

a. from the Shire of Esperance (being undertaken in conjunction with the Esperance Cycling Club) for $66,666 (ex GST) towards the upgrade of the Esperance Velodrome; and

b. from the Esperance Squash Club for $27,000 (ex GST) towards the Upgrade of the Kitchen Amenities area and downstairs floor coverings; and

2. Prioritises the two applications as follows

i. Shire of Esperance

ii. Esperance Squash Club

Background

The Department of Local Government, Sport and Cultural Industries (DLGSCI) through the Community Sporting and Recreation Facilities Fund (CSRFF) provide financial assistance to community groups and local governments to develop infrastructure for sport and recreation. The program aims to increase participation in sport and recreation with an emphasis on increasing physical activity through well planned facilities. The 2018/19 funding round has $12 million available for allocation.

There are three grant categories:

Small Grants $2,500 - $66,666. Projects must not exceed $200,000. Round 1 closed on the last working day of March 2018 Round 2 closes on the last working day of August 2018

Annual Grants $66,667 - $166,666. Projects must fall within the expenditure areas of $200,001 to $500,000. There is only 1 round closing 30th September 2018.

Forward Planning Grants $166,667 - $2,000,000. There is only 1 round closing 30th September 2018

Applications must be endorsed by Council and prioritised and submitted to the Department of Local Government, Sport and Cultural Industries by the advertised closure dates. Successful applicants for the Forward Planning Grants Round will be advised during February 2019.

Officer’s Comment

There are two applications for this round of CSRFF Small Grants funding. The application process requires the applicable Local Government to prioritise the applications from within the local area. Following the review by staff, both applications are believed to be worthy of support. The Velodrome Project is recommended as the 1^st priority due to it being for upgrade of a playing surface (velodrome) and will be one of only two in the State of Western Australia. Ranking the squash club project 2^nd doesn’t reflect a lack of value in that project, simply that upgrading the velodrome results in an additional sporting option being available in town.

It is important to note that while CSRFF applications are normally only able to be for a maximum of 1/3^rd of a total project cost, there is a provision for an applicant to apply for more than 1/3^rd of total project cost if they qualify for a ‘Development Bonus’. The application for upgrading the velodrome is utilising this ‘Development Bonus’.

Both these applications have previously applied for Community Grant Funding via the Shire, with the Shire contribution identified within the applications already being approved through the 2018/19 Council Budget. Following the community grant process, the Shire has been working with the Esperance Cycling Club to ensure that the project is delivered in the most cost effective manner. This has resulted in the project now planned to be undertaken by the Shire with assistance from the cycling club, hence the application being in the Shire’s name.

In the event that Council believes that the Esperance Squash Club project is of higher priority for the town that the velodrome project the priority rating can be amended accordingly.

Consultation

Both applicants have liaised with the Department of Local Government, Sport and Cultural Industries, Goldfields Regional Manager as is required under the grant application process.

Assistance has been provided from the Shire of Esperance Club Development Officer in finalising this application.

The applications have been reviewed by the Club Development Officer and Manager Community and Economic Development.

Financial Implications

There are no additional financial implications arising from this report Council with contributions to both projects already allocated by Council within the current budget. Both applications have identified a potential need for a self-supporting loan from Council to assist with the club’s contributions. In the case of the Squash Club, this was at the suggestion of the Council through the community grants process.

A separate item will need to be prepared to progress these requests for self-supporting loans should either grant application be successful.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport and recreation opportunities and activities

Develop and promote active and passive sport and recreation opportunities for all ages and abilities

Environmental Considerations

Nil

Attachments

a .	Esperance Squash Club CSRFF Application - Confidential
b .	Velodrome Upgrade CSRFF Application - Confidential

Officer’s Recommendation

That Council:

1. Endorses the CSRFF Small Grant Funding applications

a. from the Shire of Esperance (being undertaken in conjunction with the Esperance Cycling Club) for $66,666 (ex GST) towards the upgrade of the Esperance Velodrome; and

b. from the Esperance Squash Club for $27,000 (ex GST) towards the Upgrade of the Kitchen Amenities area and downstairs floor coverings; and

2. Prioritises the two applications as follows

i. Shire of Esperance

ii. Esperance Squash Club

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 August 2018 Page 18

Item: 12.1.3

Waiver of Civic Centre Fees

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

File Ref: D18/19792

Applicant

Internal Report

Location/Address

N/A

Executive Summary

A memorial service is to be held at the Civic centre for the late Rev. Douglas Murray OAM. This item requests Council waive the fees associated with using the Civic Centre for this function due to the contribution Reverend Murray made to the Esperance community throughout his life.

Recommendation in Brief

That the fees associated with utilising the Civic centre for the memorial service for the Late Rev. Douglas Murray OAM be waived in full.

Background

The Rev Doug Murray has had an extraordinary impact on the Esperance community over almost 50 years. This involvement has covered a vast spectrum, from education to community organisations to the arts community. This culminated in Rev. Murray receiving the Medal of the Order of Australia (OAM) in 2010.

The memorial service is being held to enable the Esperance community to celebrate his life and achievements.

Officer’s Comment

Council currently has a policy (EXT 019: Civic Centre Hire Fees Not To Be Waived) that ensure that the fees to utilise the Civic centre for any purpose are only able to be waived by Council and then only in ‘extenuating’ circumstances.

In this instance it is believed that the depth of contribution to the community of Esperance by the Rev. Doug Murray warrants Council considering the waiver of the fees associated with the memorial service that is being held in his honour at the end of August. The funeral service for Reverend Murray will already have been held by this stage with the memorial service an opportunity for the community to come together to celebrate his life and achievements and the extraordinary impact he had on Esperance.

The waiver is estimated to be approximately $750.

Consultation

This item has been generated through internal discussions at senior management level.

Financial Implications

The financial implications arising from this report are a foregoing of approximately $750 worth of Civic centre fee income.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are contained within S6.12(1) of the Local Government Act 1995

Policy Implications

The policy implications arising from this report are contained with EXT 019: Civic Centre Hire Fees Not To Be Waived.

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

Nil

Officer’s Recommendation

That Council waive the fees associated with utilising the Civic Centre for the memorial Service to be held in honour of the late Rev. Douglas Murray (OAM).

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 August 2018 Page 20

12.2 Asset Management

Item: 12.2.1

Esperance Extension to the State Barrier Fence

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

File Ref: D18/19786

Applicant

Esperance Biosecurity Association (EBA)

Location/Address

Executive Summary

For Council to consider to providing a contribution to the Esperance Extension to the State Barrier Fence.

Recommendation in Brief

That Council commit to the supply and installation road grids for the Esperance Extension to the State Barrier Fence subject to conditions.

Background

The Department of Primary Industries and Regional Development, Agriculture (DPIRD) on behalf of the agricultural industries in the Shires of Ravensthorpe and Esperance, proposes to extend the existing State Barrier Fence (SBF) from its current termination point 25 km east of Ravensthorpe, north to Salmon Gums and ending east of Esperance near Cape Arid National Park in Western Australia (WA). The Proposal aims to protect agricultural enterprises in the Shires of Ravensthorpe and Esperance from the socio-economic impacts associated with wild dogs limiting livestock enterprises; and damage to crops and pasture from emus and kangaroos in the agricultural region.

The Proposal involves the construction of a 660 km long and 1.35 m high barrier fence that is largely impermeable to wild dogs, emus and kangaroos (target fauna). The proposed barrier fence will have three unfenced gaps where the Proposal alignment intersects three major waterways, and a 3.2 km wide unfenced coastal corridor near Cape Arid NP. These gaps in the proposed barrier fence will maintain significant ecological corridors.

The Proposal alignment follows the boundary between agricultural land and Unallocated Crown Land (UCL) in the Great Western Woodlands, with a total of approximately 529 km of the Proposal alignment to be located on UCL and a further 131 km on private farming property

The Esperance Extension to the SBF is currently going through the EPA’s Public Environmental Review process, with an expected decision later this year.

It is expected that the return on investment will be $6.8 for every $1 invested into the project. It is important to note that this benefit is calculated on the basis that there will be a flow on to Esperance economy and is not just a direct benefit to farmers.

The project budget for the Esperance Extension to the SBF is:

Estimated Esperance Extension Costs per item	Per km	Total 670km fence
Fence Clearing	$2,886	$1,933,540
Fence Construction	$3,880	$2,546,000
Fence Materials - based on new CUA quote for 500m strained sections		$3,494,400
Road grids plus installation, bitumen sealing & signage		$1,495,601
Fence materials freight	–	$176,000
Herbicide for re-growth control during construction - 1yr, chemical only	–	$25,000
Esperance Nyungar/Gnadju Native Title compensation estimates plus EPA Ministerial conditions	–	$1,130,000
Total		$10,800,541
Current Funding Commitments		Total 670km fence
State Government contribution		$6,900,000
Ravensthorpe Shire contribution		$280,000
Current Funding shortfall		$3,620,541

EBA has requested Council consider contributing to the Esperance Extension to the SBF project, in particular to the supply and installation of road grids that are required on the local shire roads, see attached letter, please note that the request is now to only undertake the 12 major road grids and not the 22 as requested.

Officer’s Comment

Esperance Extension to the SBF has been a project 10 years in the making, with considerable effort put in by the Esperance Biosecurity Association. The State Government has committed $6.9 Million towards the project as well as the Shire of Ravensthorpe committing $280,000. This leaves the project $3,620,541 short.

If Council wishes to consider contributing towards the Esperance Extension to the SBF, the best way to do this would be, as per the request from EBA, to provide an in-kind contribution of the supply and installation of the 12 road grids and the associated road and signage works required. This part of the project is best suited to the Shire do deliver in-kind, as the type of works required we undertake day in day out and should be able to carry the work out for less than the project budget figure.

If council commits to providing the in-kind contribution of road grids, it will still leave the project short by approximately $2 Million. There is currently an application in with the Federal Smart Farming Partnerships, for $2 Million. If this is successful the project would then be fully funded.

Consultation

DPIRD – Project Manager

EBA

Financial Implications

The financial implications arising from this report will be included in the Shire’s Rural Road construction budget allocation.

Asset Management Implications

The asset management implications will be included with the Roads Asset Management Plan.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Support our businesses to grow, adapt and assists in building capacity

Develop partnerships to actively support economic growth

Environmental Considerations

The environmental considerations for the Esperance Extension to the State Barrier Fence are being considered by the EPA.

Attachments

a ⇩.

Esperance Biosecurity Association - Request for Assistance

Officer’s Recommendation

That Council commit to the supply and installation of twelve (12) road grids, including the associated road and signage works, for the Esperance Extension to the State Barrier Fence project, over four (4) years, starting in the 2019/20 financial year, as part of the annual road construction program, for a current project estimate of $1,495,601 subject to:

a. EPA approval for the Esperance Extension to the State Barrier Fence; and

b. The State Government committing to construct the Esperance extension to the State Barrier Fence.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 August 2018 Page 25

12.3 Corporate Resources

Item: 12.3.1

Lease Renewal - Goldfields Air Services - Airport Terminal Car Hire Desk 3

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

File Ref: D18/18109

Applicant

Goldfields Air Services

Location/Address

Portion of the Esperance Airport Terminal, Lot 15 Coolgardie-Esperance Highway Gibson.

Executive Summary

For Council to consider renewing the portion of the Esperance Airport Terminal building known as Car Hire Desk 3 to Goldfields Air Services for a further twelve (12) months.

Recommendation in Brief

That Council agrees to renew the portion of the Esperance Airport Terminal building known as Car Hire Desk 3 to Goldfields Air Services for a further twelve (12) months.

Background

In September 2018, Goldfields Air Services began leasing this area as a booking desk for their flight services out of Esperance. These services are predominantly scenic flights with some flight training and charter flights as required.

Goldfields Air Services have advised that they wish to renew their lease for a further twelve (12) month term.

Officer’s Comment

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.”

The Shire obtained an independent rental valuation in November 2015 for airport terminal rental space; the valuation was $250.00 (ex GST) per m2/p.a. In September 2017, Council resolved to use this November 2015 valuation to determine the annual lease fee following discussions with a local registered valuer at that time.

Discussions with a local registered valuer held in June 2018 determined that rental valuations in the Esperance Area have not have changed significantly in the past 12 months.

Following discussions with Manager Council Enterprises, it has been requested that we apply CPI to the current annual lease fee for the renewal of Goldfields Air Services’ lease over this area. This will increase the annual rent by $15.13 Inc GST, based on June 2018 All Groups CPI for Perth.

Consultation

Goldfields Air Services

Airport Operations Coordinator

Manager Council Enterprises

Financial Implications

Lease preparation fee of $550 Inc GST

Annual lease fee of $1,390.13 Inc GST

Aircraft parking fees of $688.61 Inc GST per annum, per aircraft

Hire fees for use of the meeting room being $20 per half day or part thereof, up to 25 half days per annum. Any usage over 25 half days per annum being charged as per the Shire’s schedule of fees and charges

Landing fees to be charged as per the Shire’s Schedule of Fees and Charges and are charged and collected by Avdata on behalf of the Shire of Esperance.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – Section 3.58 Disposing of Property

Policy Implications

COR004 Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Support our businesses to grow, adapt and assists in building capacity

Develop partnerships to actively support economic growth

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Lease Renewal Request - Goldfields Air Services - Car Hire Desk 3

Officer’s Recommendation

That Council agrees to;

1. Lease the portion of Esperance Airport Terminal building, Lot 15 Coolgardie-Esperance Highway Gibson, known as Car Hire Desk 3 to Goldfields Air Services;

2. The term of the lease being 1 year;

3. Lease rental being $1,390.13 Inc GST;

4. Landing fees being charged as per the Shire’s Schedule of Fees and Charges, with practice approach charges waived for training aircraft;

5. Hire fees for use of the meeting room being $20 per half day or part thereof, up to 25 half days per annum. Any usage over 25 half days per annum being charged as per the Shire’s Schedule of Fees and Charges;

6. Aircraft parking fees being $688.61 Inc GST per annum, per aircraft;

7. Terminal service fees being waived for scenic light passengers; and

8. 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

28 August 2018 Page 29

Item: 12.3.2

Policy Review - Asset Management, EXT014 and COR010

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

File Ref: D18/18267

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the section of the Policy Manual that relates to Asset Management and COR 010 Complaints Handling and EXT 014 Public Art policies.

Recommendation in Brief

That Council endorse the Asset Management, COR 010: Customer and Complaints Handling and EXT 014: Public Art 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 Asset Management, COR 010: Complaints Handling and EXT 014: Public Art Policies.

Policy Name	Ref No.	Recommended Amendment
Private Connections to Shire Drainage	ASS 002	Minor changes
Property Owners Contribution to Underground Power	ASS 005	No change
Permanent Road Closures	ASS 006	No change
Purchase and Placement of Memorial Seats	ASS 007	Rewording to include restriction of area between headland and skatepark
Road Verge Development	ASS 008	Minor changes
Mineral Exploration within Road Reserves	ASS 010	No change
Designated Special Environmental Areas	ASS 012	Rescind policy – not used or relevant
Delegated Authority to Approve Off-Site Signage on Main Road	ASS 014	Minor changes
Guidelines for Subdivisional Development	ASS 016	Minor changes
On-Farm Drainage	ASS 018	No Change
Street Tree Policy	ASS 019	Rewording to determine Shire’s responsibility, minor formatting
Commercial Wildflower Harvesting	ASS 020	Rewording to amend Department Title, additional points to include adherence to practices and conditions
Asset Management	ASS 021	No Change
Esperance Rural Public Toilet Cleaning	ASS 022	No Change
Crossover Construction	ASS 023	Minor changes
GPS Fleet Tracking	ASS 024	No Change
Internal Drone (Remotely Piloted Aircraft) Use	ASS 025	New policy Res O0917-228
Public Art	EXT 014	Rescind policy – rewritten as Asset Management policy
Public Art	ASS 026	New policy
Complaints Handling	COR 010	Change title name and rewording to include unacceptable behaviour

Consultation

Asset Management

Middle Management

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

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2017/2018 – 2020/2021

Manage Corporate Support

Environmental Considerations

Nil

Attachments

a ⇩.

Revised Policies

Officer’s Recommendation

That Council endorse the Asset Management, COR 010: Customer and Complaints Handling and EXT 014: Public Art Policies inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 August 2018 Page 73

Item: 12.3.3

Lease Reassignment - Old Doctors Surgery Museum Village - Sara Bonnet to Brodeine Bratten

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

File Ref: D18/18580

Applicant

Sara Bonnet

Brodeine Bratten

Location/Address

Lot 59 Dempster Street, Esperance, Museum Village

Executive Summary

For Council to consider assigning the current lease with Sara Bonnet at the Old Doctor’s Surgery building in the Museum Village to Brodeine Bratten.

Recommendation in Brief

That Council agrees to assign the current lease with Sara Bonnet at the Old Doctor’s Surgery building in the Museum Village to Brodeine Bratten.

Background

Sara Bonnet has been trading from the Old Doctor’s Surgery building in the Museum Village since August 2017 and has advised that she wishes to assign her lease due to her business growing and a need to expand into a larger premises.

Brodeine Bratten has submitted a request to take over the lease at the premises to operate her business, Brodeine and Deine, which currently operates at the Museum Village markets, through her online shop and occasionally through pop up shops in Esperance.

Brodeine and Deine is a local fashion label inspired by the beauty and tranquillity of Esperance and includes locally designed womenswear, menswear, kidswear and accessories. The business also offers a selection of other locally designed and handcrafted items.

Officer’s Comment

Following discussion with Manager Strategic Planning and Land Projects it was determined that there would be no issues with Brodeine and Deine operating out of the Museum Village.

This Lot is no longer a Reserve and therefore Department of Lands’ approval is no longer required for any changes on this area.

As the business proposed offers locally designed products, it is believed that this will suit the purpose of the Museum Village being for ‘local and regional arts & crafts, local produce & tourism retail outlets’. The products being offered are different to those currently available within the village and will offer more choice for locals and tourists visiting the village as well as drawing new customers to the area.

Consultation

Sara Bonnet

Brodeine Bratten

Manager Strategic Planning and Land Projects

Financial Implications

Lease variation fee of $210 payable

Annual rent will remain as per the current lease conditions, being $3,727.36 Ex GST for 2017/18 and subject to annual rent reviews based on CPI after this time.

Asset Management Implications

Nil

Statutory Implications

Commercial Tenancy (Retail Shops) Agreement Act 1985

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 insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Request to Lease - Brodeine Bratten
b ⇩.	Request for Assignment of Lease - Sara Bonnet

Officer’s Recommendation

That Council agrees to;

1. Reassign the lease under the existing terms and conditions for the Old Doctor’s Surgery in the Museum Village from Sara Bonnet to Brodeine Bratten; and

2. A Lease variation fee of $210 Inc GST being payable.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 August 2018 Page 131

12.4 Executive Services

Item: 12.4.1

Committee Appointments - External Representatives

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

File Ref: D18/19634

Applicant

Internal

Location/Address

N/A

Executive Summary

To appoint External Organisational Representatives to the Council Committees to fill vacancies.

Recommendation in Brief

That Council appoint representatives to the relevant Committees.

Background

At a Special Council Meeting in November 2017, Council appointed representatives of external organisations to the Council Committees. At the November meeting some positions were left vacant and since November several representatives have been replaced due to resignation or changing responsibilities within their organisation.

Officer’s Comment

Following the November Special Council Meeting, organaistations who held a vacant position on a Council committee were contacted to nominate a representative. During the year there has also been requests for organsiations to change their representative. These new representatives will ensure adequate representations from relevant organisations on the Council Committees.

It is being recommended that the below table of representatives be appointed by Council to allow them the ability to represent their organization on the respective committee.

Committee	Organisation	Representative
Jetty Replacement Working Group	Goldfields-Esperance Development Commission	Shane Liddelow
Esperance Roadwise Committee	Department of Health	Peter Tredinnick
Ralph Bower Adventureland Park Working Group	Esperance Bay Rotary Club Southern Ports Esperance Apex Club	Gary Wilson Katie Williams Lauren McWilliam
Off Road Vehicle Working Group	Esperance Police	Todd Pender
Greater Sports Ground Development Committee	Esperance District Recreation Association	Erica Austen

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Terms of Reference – Council Committees

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Support for all leadership roles in our community

Encourage shared responsibility through an informed and inspired community

Corporate Business Plan 2017/2018 – 2020/2021

L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

Nil

Officer’s Recommendation

That Council appoints organisational representatives as members of Council Committees as per the following table;

Committee	Organisation	Representative
Jetty Replacement Working Group	Goldfields-Esperance Development Commission	Shane Liddelow
Esperance Roadwise Committee	Department of Health	Peter Tredinnick
Ralph Bower Adventureland Park Working Group	Esperance Bay Rotary Club Southern Ports Esperance Apex Club	Gary Wilson Katie Williams Lauren McWilliam
Off Road Vehicle Working Group	Esperance Police	Todd Pender
Greater Sports Ground Development Committee	Esperance District Recreation Association	Erica Austen

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 August 2018 Page 133

Item: 12.4.2

Information Bulletin - July 2018

Author/s	Alli McArthur	Administration Officer - Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/19662

Applicant

Internal

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

Attachments

a ⇩.	Information Bulletin - July 2018
b ⇩.	Corporate Performance Report - Quarterly - April-June 2018
c ⇩.	Appreciation Letter - Contributions Lake Monjingup Excursion - Esperance Senior High School Education Support Centre

Officer’s Recommendation

That Council accepts the Information Bulletin for July 2018 and;

1. Corporate Performance Report - July 2018

2. Appreciation Letter – Contributions Lake Monjingup Excursion - Esperance Senior High School Education Support Centre

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 August 2018 Page 166

14. Motions of which Notice has been Given

Nil

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 - Planning and Development Act 2005 - Pink Lake area

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)); and a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)); and a matter that if disclosed, could be reasonably expected to prejudice the maintenance or enforcement of a lawful measure for protecting public safety (Section 5.23(2)(f)(iii)).

18. PUBLIC QUESTION TIME

19. CLOSURE

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