Ordinary Council: Agenda

27 November 2018 Page 4

Declaration of Interest (Notes for Your Guidance)

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

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

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

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

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

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4. If in doubt declare.

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

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

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

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

Interests Affecting Proximity

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

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

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

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

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

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

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

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

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

Interests Affecting Impartiality

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

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

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

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

Impact of an Impartiality Closure

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

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

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

27 November 2018 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 27 November 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

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

QUESTIONS TAKEN ON NOTICE - SEPTEMBER ORDINARY COUNCIL MEETING

Asked by Mr Brian Pearce

Answered by Mr Matthew Scott - Chief Executive Officer

The following response was provided to Mr Pearce in a letter dated 25 October 2018.

I refer to your question regarding the Priority Project Reserve and the New Skate Park raised at the October 2018 Ordinary Council Meeting. Given that you were not able to articulate which documents you were requesting from the Shire, I have decided to respond to the hardcopy question provided to the Minutes Officer (attached for your reference) as if it was a Question on Notice, in order to provide a much more detailed response and provide clarity to my comments at the meeting.

The only question in the information provided to the Minute Officer is:

"Where it states that 1 [referring to the officer's recommendation in relation to Minute 00115-013] Allocate $150,000 in the 2015/16 budget from the Priority Project Reserve. Is the Priority Projects Reserve funds that were allocated to the Hedland and Foreshore project?" In response to this question please consider the following:

1. The Priority Project Reserve is a reserve fund created by the Shire Council for the purpose of "Established to fund sufficient capacity to assist with the design, construction and operation of priority projects as determined by Council", under Section 6.11 Local Government Act 1995.

2. As a Reserve Fund (or Account) created under this section, the Shire Council has the discretion to utilise funds held within this reserve, for purpose of the reserve, without requiring authorisation or permission from another State or Federal Government Agency or Department.

3. No external funds associated with the development of the Stages 1 & 2 of the Esperance Foreshore development (Headland and Foreshore Project) was deposited within the Priority Project Reserve.

4. The Officer's Recommendation associated with minute 00115-113 is only a recommendation, and does not commit the Shire Council to any action or resolution.

5. As quoted in the information provided, the Shire Council actually resolved the following:

"That Council,

1. Rejects all tenders submitted for Tender 11-14 Design & Construct Esperance Skate Park and;

2. Instructs the Chief Executive Officer to seek further quotations for the consult and design of the Esperance Skate Park within the current budget constraints."

The Shire Council also provided the following reasons for not accepting the Officer's recommendation:

"Council wanted to change the procurement process by conducting consultation and concept designs before tendering for construction. This is to ensure Council are aware of what they will receive for the tendered consideration."

6. As there was no decision to accept the Officer's recommendation, and the related Shire Council's actual decision resulted in no funds being allocated from the Priority Projects Reserve, there is no correspondence on a transaction that did not occur. In fact I understand there was no allocation from the Priority Projects Reserve for either the new Skate Park or the James Street Playground. These projects were funded from budget amendments and external funding sources, including allocations from the Shire's remaining 2012-13 Country Local Government Funds (CLGF) initially allocated to Stages1 & 2 of the Esperance Foreshore development.

7. At a Special Meeting of Council on 30 September 2014, the Shire Council resolved (S0914017) to reallocate the remaining 2012-13 CLGF to the Skate Park and Playground Projects. This decision was subsequently agreed to by the Department of Regional Development, and a new Financial Assistance Agreement for these funds was executed on the 6 December 2014.

Furthermore your comments relating to access to Shire information is unfortunately incorrect. Sections 5.94, 5.95 & 5.96, Local Government Act 1995, defines public access (and limitations) to Shire information and the cost of providing copies of such information (other than via the Freedom of Information Act). Access to the information you appear to be requesting (financial or otherwise) is not provided for under these sections of the Act.

Generally I would refer you to make an application for documents via Freedom of Information, however in this instance I am prepared to allow you to inspect the Financial Assistance Agreement between the Shire and the Department of Regional Development for the Skate Park and Playground projects and the subsequent audited acquittal of the 2012-13 CLGF allocation which was forwarded and accepted by the Department of Regional Development.

Please contact my assistant, Miss Alli McArthur on (08) 9071 0607 to arrange a convenient time to inspect these documents, however no hard copy of these documents will be provided.

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 23 October 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

Hughes Road Upgrade - Southern Ports

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

File Ref: D18/25599

Applicant

Southern Ports

Location/Address

Executive Summary

For Council to consider a land acquisition proposal for Portion of Reserve 41141 and Reserve 33637 and to consent to works for hillside stabilisation on Reserve 39543 and a Portion of Reserve 41141.

Recommendation in Brief

That Council:

1. Relinquish the Management Order over a Portion of Reserve 41141 (as shown in Attachment B) in favour of Southern Ports.

2. Give consent to Southern Ports to undertake works on Reserve 39543 and a Portion of Reserve 41141 for the purpose of hillside stabilisation subject to acceptance of point 3. and compliance with Points 4. and 5. of this resolution.

3. Relinquish the Management Order over Reserve 33637 in favour of Southern Ports.

4. Require Southern Ports to manage the environmental values of the reserve and any environmental matters that arise out to the works including managing any invasive weed species introduced onto Reserve 41141 by the Hillside Stabilisation Project.

5. Require Southern Ports to indemnify the Shire of Esperance from any claims carried out in accordance with this resolution.

Background

Esperance Port has been planning to upgrade its main heavy vehicle access road, Hughes Road, to improve safety for transport operators accessing the port and CBH’s grain facilities. The upgrading of Hughes Road was also prompted by the potential failure of the deteriorated steel pile and timber retaining wall on the southern side of the road. This retaining wall was constructed in the late 1970’s.

The Port’s planned upgrading work comprised widening the road, replacing the failing retaining wall, and shifting traffic loads away from the precipitous edges of the northern retaining wall on the CBH boundary.

During investigative work in mid-2018, the Port’s geotechnical engineering consultants analysed the stability of the hillside bounded by Bostock Street and Hughes Road. The consultant determined that the hillside was highly unstable and recommended construction of a large retaining wall structure or reducing the slope of the hillside.

The retaining wall structure was considered too risky and problematic due to the proximity of the gas pipeline and the town’s power supply cables which both run immediately adjacent the retaining wall route, and conducting construction next to the steep and unstable hillside. On advice from consulting engineers, this option was not pursued in favour of reprofiling the hillside which was considered to be much less risky.

Reprofiling would provide a stable slope for the hillside adjacent Hughes Road. This would mitigate the risk of the hillside collapsing and its attendant impacts of closing the port’s only means of heavy vehicle access and potentially shutting down the town’s power supply.

Council consider the relinquishment of Reserve 39453 at is June 2018 Ordinary Meeting of Council where it resolved (O0618-019):

That Council:

3. Relinquish the Management Order of Reserve 39453 subject to Southern Ports agreeing to take over the management of the reserve.

Further to this Southern Ports have identified a portion of Reserve 41141 (0.38ha) that is required to facilitate the stabilisation works (Attachment B).

Given the time it takes to transfer reserved land Southern Ports have requested that the Shire give permission to undertake works on Reserves currently under the Shire’s management orders.

Officer’s Comment

The proposal is to provide a stable hillside and mitigate the risk to the Port’s only heavy vehicle access route.

The transfer of the portion of Reserve 41141 will assist in the delivery of the stabilisation works.

As part of this transfer it is proposed that the Management Orders for Reserve 33637 be relinquished in favour of Southern Ports. This is proposed as the reserve is land locked by Reserve 39453 which is already in the process of having the management orders of Reserve transferred to Southern Ports.

As the Shire still have the management orders for the subject reserves it is recommended that Southern Ports indemnify the Shire of Esperance from any claims made in relation to the Hillside Stabilisation Project.

Consultation

Southern Ports

Asset Management

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Road networks that meet the needs of our community and provide safe movement for all users

Deliver a diverse, efficient and safe transport system

Environmental Considerations

The area previously has been a source of invasive plant species (specifically boxthorn) along with the other reserve area near Hughes Rd and the access to the port. If the area is to be used for the storage of fill and there is soil movement between sites we have concerns around the potential for the area to be a vector point and source for the spread of invasive plant species into the Dempster Head reserve. The reserve currently has a very low number and density of invasive plant species and a majority of the native vegetation is in a very good to pristine condition rating.

Also with the potential movement of soil and plant between the sites and surrounding reserves there is the potential for the spread of dieback.

It is the responsibility of Southern Ports to manage the reserve areas environmental values’ including the management and control of invasive weed species and this is reflect in the officer’s recommendation.

Attachments

a ⇩.	Proposed Hillside Stabilisation
b ⇩.	Portion of Reserve 41141 required for Hillside Stabilisation Project

Officer’s Recommendation

That Council:

1. Relinquish the Management Order over a Portion of Reserve 41141 (as shown in Attachment B) in favour of Southern Ports.

3. Relinquish the Management Order over Reserve 33637 in favour of Southern Ports.

4. Require Southern Ports to manage the environmental values of the reserve any environmental matters that arise out to the works including managing any invasive weed species introduced onto Reserve 41141 by the Hillside Stabilisation Project.

5. Require Southern Ports to indemnify the Shire of Esperance from any claims carried out in accordance with this resolution.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 16

OVERVIEW - HUGHES ROAD HILLSIDE STABILISATION

BACKGROUND

Esperance Port has been planning to upgrade its main heavy vehicle access road, Hughes Road, to improve safety for transport operators accessing the port and CBH’s grain facilities. The upgrading of Hughes Road was also prompted by the potential failure of the deteriorated steel pile and timber retaining wall on the southern side of the road (Appendix 1, Figures 2 and 3). This retaining wall was constructed in the late 1970s.

Figure 1: Site of the proposed works

During investigative work in mid 2018, the Port’s geotechnical engineering consultants analysed the stability of the hillside bounded by Bostock Street and Hughes Road. The consultant determined that the hillside was highly unstable and recommended construction of a large retaining wall structure or reducing the slope of the hillside.

The hillside is inherently unstable due to past activities associated with the construction of the Bostock Street roadway and for establishing level platforms for constructing houses on the lower side (east) of the road as shown in the LIDAR image in Appendix 3 (Figures 6 and 7) and the cross sections shown in Appendix 2 (Figures 3 and 4). These works have contributed to localised areas of exceptional steep slopes in the hillside.

PROJECT SCOPE

Reprofiling the hillside is a reasonably uncomplicated “cut and fill” engineering task.

The proposed stabilisation work footprint covers about 15,000m² of land owned by both Southern Ports and contained within adjacent Shire Reserves. The work will comprise shifting the imported or displaced fill (overburden and soil) to produce a more stable slope. Part of the excavated material will be placed in the gully area to the east of the hillside (purple “fill” area in Figure 7, Appendix 3) with the remaining material being used within the Port.

The hillside will be revegetated for erosion control and aesthetics. The stormwater drainage system capturing stormwater from Panorama Place and Bostock Street will be modified and enhanced to enable the proposed construction works to be undertaken and to reduce flooding in the port area from Panorama Place and Bostock Street catchment.

With the recent purchase of Lot 16, 44 Bostock Street, Southern Ports now owns all the properties on the lower side of Bostock Street which are contained within the proposed construction footprint. The construction footprint also requires the incorporation of the Reserve 39453 (Lot 856) and part of Reserve 41141 (Lot 500) held by the Shire of Esperance.

It is anticipated that the duration of the construction works will be about 3 to 4 months.

The more complex short and long term matters which will be managed within the project scope include the following

· Securing Reserve 39453 (Lot 856) and part of Reserve 41141 (Lot 500, which Southern Ports understands has received the Shire of Esperance’s endorsement) for incorporation into the proposed land holding for the proposed hillside stabilisation works;

· Processing the transfer of Lot 856 and Part Lot 500 through Landgate;

· Working with Esperance Native Title Aboriginal Corporation (Tjaltjraak) to obtain requisite approvals and to preserve any cultural heritage values in the area;

· Securing Shire permissions (as land owner and consent authority) to undertake the proposed works on Reserves under the Shire’s management orders;

· Obtaining a permit for land clearing on both the Port and Shire’s lands (and Reserves) from Department of Water and Environmental Regulation (DWER); and

· Potentially rezoning the combined land holding for Port purposes.

APPENDIX 1: Retaining wall – southern side of Hughes Road

FIGURE 2: Typical deterioration of steel piles supporting retaining wall.

FIGURE 3: Typical deterioration of timber sections of retaining wall.

APPENDIX 2 – Cross Section through hillside

FIGURE 4: Cross section line through the steepest part of the hillside adjacent to Hughes Road.

FIGURE 5: Cross section through the hillside showing extend of overburden attributing to instability of the slope.

APPENDIX 3: Lidar images

FIGURE 6: Lidar image showing the house construction pads between Bostock Street and Hughes Road which are contributing to the slope instability.

FIGURE 7: Land ownership and area of “cut and fill”.

Ordinary Council: Agenda

27 November 2018 Page 22

Item: 12.1.2

Small Business Friendly Local Government

Author/s	Terry Sargent	Director External Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D18/26133

Applicant

N/A

Location/Address

N/A

Executive Summary

To consider becoming recognized by the Small Business Development Corporation as a “Small Business Friendly Local Government”

Recommendation in Brief

That Council

1. Works with the Esperance Chamber of Commerce and Industry and Tourism Esperance to host Bi-annual small business forums to engage more effectively with small business.

2. Seeks to be recognised as a “Small Business Friendly Local Government”

Background

The Shire of Esperance publishes its “Statement of Business Ethics” on its website and has a longstanding commitment to the relationship with the small business sector in Esperance.

In recent years Council has also revised its local planning scheme, local planning strategy and a number of local laws and policies to eliminate many previous restrictions on small business.

“Small Business Friendly Local Governments” is an initiative of the Small Business Development Corporation (SBDC) which is a logical extension of the efforts Council has made to ensure it works effectively with the Small Business sector. Under this initiative “Local governments are encouraged to sign the Small Business Friendly Local Governments Charter to show they have committed to work with, and support, small business by:

· offering enhanced customer service

· reducing red tape

· making on-time payments

· having a process in place to handle disputes

· introducing other activities to improve the operating environment for small businesses in their area

Participating local governments will provide … updates on how they are meeting these commitments.”

There are approximately 25 western Australian Local Governments recognized by the SBDC as being small business friendly and whilst some are clearly more committed than others, none reported any disadvantage from their involvement in the initiative. Those that embraced the opportunity wholeheartedly saw that it clearly has the potential to play a part in building a stronger working relationship between the local government and the small businesses serve.

It won’t be a “silver bullet” but is another small part in the raft of measures the Esperance Shire Council can take in order to foster an environment in which small business can thrive in Esperance.

Officer’s Comment

The Shire of Esperance has, engaged in a range of strategic planning and economic development initiatives that recognize the critical role of small business in driving the local economy and it is important that the SoE nurtures the local economy, creating employment and building opportunities in the community.

The “Small Business Friendly Local Government” is another small step that can be taken to build and encourage business confidence and investment in the Esperance Shire. To be accredited as a “Small Business Friendly Local Government”, seems to be completely consistent with the Council’s current commitments. As can be seen from the table below, the Shire of Esperance currently meets or exceeds the minimum prescribed standards in most of the criteria defined by the SBDC.

“Small Business Friendly Local Government” requirements

Comment

Commitment to small business

The local government agrees to:

· recognise that the small business community is an important stakeholder and will undertake regular and targeted consultation with this group;

· work towards understanding how its local small business community operates and its needs, goals and key challenges;

· provide networking and other development opportunities for its local small business community; and

· actively engage, where appropriate, with the Small Business Development Corporation on matters affecting small business.

SoE is already engaged with the E.C.C.I. and T.E. and has a demonstrated commitment to supporting small businesses in the Shire.

Hosting a biannual business forum to hear from local business operators would meet this requirement without imposing an onerous burden on staff and other resources.

Commitment to customer service

The local government agrees to:

· maintain open lines of communication with small businesses through both formal and informal approaches;

· provide clear advice and guidance to small businesses to assist them to understand and meet their regulatory obligations, and to work with them to achieve compliance;

· publish clear service standards setting out what small businesses can expect from them;

· consider the needs of local small business owners for whom English is not a first language; and

· publish links on its website to take small business owners to

resources available on the SBDC website, Business Local Service and the Business Licence Finder tool

These requirements are consistent with the self-imposed standards the Shire currently aims to achieve.

Administration and regulation

The local government agrees to:

· take reasonable action to limit unnecessary administrative burdens on small business such as:

§ only asking for information that is absolutely necessary;

§ not asking for the same information twice;

§ working collaboratively with other local governments;

· undertake regular policy reviews to limit their impact on small businesses, and to test new policies and procedures for ‘small business friendliness’; and

· ensure that its officers have the necessary knowledge and skills to apply plans and regulations in a consistent manner

These requirements are consistent with the self-imposed standards the Shire currently aims to achieve

On-time payment policy

The local government agrees to work towards ensuring all invoices from small business suppliers are paid within 30 days

Current Shire of Esperance practice already meets this standard

Business advisory group

The local government agrees to establish a business advisory group (if one does not already exist) to assist its understanding of small business needs. The group should include local small business operators and members of their representative bodies.

The shire is actively engaged with representative bodies but could enhance that relationship with a biannual forum or “small business round table”

Dispute resolution

The local government agrees to implement a process to manage any disputes it may have with small businesses. This could include referring the dispute to an independent dispute resolution service (such as that offered by the SBDC).

Council cannot engage in mediation relating to the exercise of its statutory obligations but can participate in good faith in an inexpensive dispute resolution process such as that offered by the SBDC - if it became necessary.

Progress reports

The local government agrees to:

· provide the SBDC with a biannual progress report that outlines the results achieved in relation to its small business friendly activities, including its policy relating to paying small businesses on-time, engagement with its business advisory group, and implementation of its dispute resolution process; and

· forward success stories and case studies to the SBDC in relation to the SBFLG initiative when requested.

This is not an onerous requirement and will assist in focusing attention to this commitment

Promotion and marketing of the program

The local government:

· agrees to make a statement in relation to its commitment to the SBFLG initiative on its website;

· will be provided with a logo which it agrees to use in accordance with the SBFLG style guide (as supplied by the SBDC); and

· is encouraged to promote the SBFLG initiative by displaying the approved logo on its online and printed marketing and communication materials, where appropriate.

This is not an onerous requirement and is expected to be beneficial

Contact details

The local government agrees that the primary contact for the SBFLG initiative will be the Chief Executive Officer and that a secondary contact will be nominated as the day-to-day contact.

This requirement simply affirms the highest level of commitment to the initiative and is seen as being appropriate

Consideration was given to this initiative becoming a costly or time consuming exercise, but in reality there are no significant barriers to the Shire of Esperance achieving the standard of a “Small Business Friendly Local Government” if the current level of commitment to working with our small business sector is maintained. On the other hand, there is a strong potential to give confidence to existing businesses and those considering investment in the Shire of Esperance.

The opportunity to engage with the Council more regularly in a “business round table” or forum setting will help to ensure Council is responsive to the needs of the sector and that local laws, policy and the Local Planning scheme remain appropriate.

There were no identified disadvantages to becoming “Small Business Friendly Local Government” and so, in light of the potential advantages it is recommended that Council seek to be recognized as such.

Consultation

Small Business Development Corporation

Local governments currently engaged in the initiative

Executive Management Team

Manager Community and Economic Development

Financial Implications

Whilst this initiative may require some very slight reallocation of resources there are not expected to be any material financial implications arising from this report.

Asset Management Implications

Nil

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

Nil

Attachments

a ⇩.

Small Business Friendly Local Government Initiative Charter

Officer’s Recommendation

That Council

1. Works with the Esperance Chamber of Commerce and Industry and Tourism Esperance to host bi-annual small business forums to engage more effectively with small business.

2. Seeks to be recognised as a “Small Business Friendly Local Government”

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 29

Item: 12.1.3

Development Application - Change to Non-conforming use - Proposed Unspecified Use (Food Premises) - Lot 307 (55) Goldfields Road, Castletown

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

File Ref: D18/27051

Applicant

Tamara Peucker – Judys FnVs

Location/Address

Lot 307 (55) Goldfields Road, Castletown

Executive Summary

That Council consider a development application for a Change of non-conforming use for an Unspecified Use (Food Premises) at Lot 307 (55) Goldfields Road, Castletown.

Recommendation in Brief

That Council resolve to approve development application 10.2018.3853.1 for a Change of non-conforming use for an Unspecified Use (Food Premises) at Lot 307 (55) Goldfields Road, Castletown subject to conditions.

Background

A development application was received on 24 October 2018 for a Change of non-conforming use for an Unspecified Use (Food Premises) at Lot 307 (55) Goldfields Road, Castletown.

The property has previously been utilised for a number of Food Premises, Restaurants, Cafés and similar uses. As such the proposal is consistent with the existing non-conforming use of the site.

As the property is owned by Councilor Dale Piercey, it was determined that the placing the application before Council is the most appropriate course of action. This is in line with the intent of Council Policy EXT 004 (Applications Lodged by Staff or Elected Members) due to the financial return possible to the landowner due to the lease of the property.

It is also noted that Amendment 4 to Local Planning Scheme No. 24 that was recently initiated by Council proposes the addition of Restaurant/Café to the list of potential land uses for the site.

Officer’s Comment

The proposal bears similarities to a number of different land uses, being shop, restaurant/café, industry – light however it does not fall wholly under any of these definitions. As such it has been deemed that the proposal should be assessed as an Unspecified Use (Food Premises), which given the previous usage of the site is considered to be an acceptable land use for the area adjoining the Castletown IGA.

Consultation

Nil

Financial Implications

Application fees totalling $295.00 were received as part of the application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

Policy Implications

EXT 004: Applications Lodged by Staff or Elected Members

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 ⇩.

Plans and Detail

Officer’s Recommendation

That Council resolve to approve development application 10.2018.3853.1 for a change to non-conforming use for an Unspecified Use (Food Premises) at Lot 307 (55) Goldfields Road, Castletown subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. During construction and/or implementation stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

3. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

4. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

5. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

6. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

7. A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services).

8. All delivery/collection points and rubbish storage areas are to be designed and located to minimise noise, odour, visual intrusion and/or other factors potentially adversely affecting the character and/or amenity of residents and properties in the vicinity to the satisfaction of the Shire of Esperance (Environmental Health Services).

9. Rubbish enclosure areas adequate to service the development are to be constructed and provided in accordance with the Shire of Esperance Health Local Laws 2009 prior to the occupation or use of the development to the satisfaction of the Shire of Esperance (Environmental Health Services).

10. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

And the following advice notes:

1. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

2. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

3. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

4. The food business has until the 3 February 2019, in line with its Food Business approval, to install a fume extraction and ventilation system fit for purpose. Details of this system shall be submitted to and approved by Shire of Esperance (Environmental Health Services). The fume extraction and ventilation system is to be maintained as per the manufacturer’s specifications to the satisfaction of the Shire of Esperance.

Should there be any food safety or preventative maintenance (cleaning of premise) issues prior to 3 February 2019, earlier installation may be required.

5. The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

· No person should cause the discharge liquid waste into an existing sewage connection without notifying Water Corporation and the issuance of a certificate of plumbing compliance issued to Water Corporation and Local Government.

6. The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Occupational Safety and Health Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Environmental Protection (Noise) Regulations 1997

7. The development is defined as a “Food Business” under the Food Act 2008. The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

8. The development the subject of this development approval is required to comply with the Shire Esperance Health Local Laws 2009.

9. The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 41

Item: 12.1.4

Development Application - 3.6 metre Tennis Court Style Fencing for Outdoor Activity Area associated with Youth Drop-in Centre - Lots 109-110 Milner Street, Sinclair

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

File Ref: D18/27176

Applicant

Conrad Lowe

Location/Address

Lots 109-110 Milner Street, Sinclair

Executive Summary

For Council to consider a development application for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre at Lots 109-110 Milner Street, Sinclair.

Recommendation in Brief

That Council resolve to approve Development Application 10.2018.3957.1 for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre at Lots 109-110 Milner Street, Sinclair subject to conditions.

Background

A development application was received on 29 October 2018 for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre. Roof-top barriers and the addition of a new entrance to the building were also suggested at time of application, but were later removed by the applicant.

The fencing is proposed around an area for outdoor activities (such as basketball, volleyball and tennis) for two primary reasons:

1. To improve the safety of children on-site by removing the ability of vehicles and unknown individuals entering the site;

2. To act as a barrier for outdoor activities, which will reduce the number of balls and other items leaving the site as a consequence of it being used for outdoor activities and sports.

Discussions were also undertaken with the applicant to ascertain the height of the proposed fence. A height of 3.6 metres was ascertained, however the applicant has indicated that the end result may be lower (possibly down to 3.0 metres) depending on costs.

Officer’s Comment

The application is referred to Council for several grounds.

1. The area to be used for outdoor activities is currently a sealed car park. Even with the proposed gate, the applicant has indicated that they do not desire vehicles to be parked on-site due to the potential conflict with the outdoor activities (such as basketball, volleyball and tennis). This results in the property having no dedicated car parking on site. Patrons currently use the grassed verge between Pink Lake Road and Lot 109 Milner Street as a drop-off and collection point which is not supported by Shire of Esperance (Asset Management Division).

While there is no set car parking requirement for the Youth Club under Local Planning Scheme No. 24 having no car parking on-site will require that alternative arrangements be made. The proposed development is in proximity to both the Pink Lake IGA as well as public car parking along Pink Lake Road and as such there are other options for people to park nearby and then walk to the site.

2. 3.6 metre fencing exceeds standard requirements for commercial fencing. Under Schedule 2 of the Shire of Esperance Fencing Local Law 2018, the maximum height of a fence on a commercial property is 2.4 metres. In addition the proposal is for ‘tennis court style’ fencing which is rather distinctive. This results in a greater impact on visual amenity in the area.

Consultation

As part of the assessment, the proposal was referred to Shire of Esperance (Asset Management Division) for comment. The comments received were as follows:

1. All car-parking should be located on-site. Parking in the road verge is not permitted.

2. The proposed gates need to open inwards.

Further discussions indicated that parking in the road verge would only be considered in the event that dedicated car parking was installed in the road verge.

Options

Option 1 (Officers Recommendation) – No on-site parking option:

That council resolve to approve development application 10.2018.3957.1 for 3.6 metre high tennis court style fencing around an outdoor activity area associated with the Youth Drop-in Centre at Lots 109-110 Milner Street, Sinclair subject to the following conditions:

2. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

3. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Asset Management Division).

6. All other fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

7. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

8. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

9. The gate is to open into the property.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

3. It is the responsibility of the applicant to ensure that building setbacks and fence locations correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

4. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

This is the officer’s recommendation as there are a large number of marked bays in the vicinity of the site within the road reserve that will provide an opportunity for pick up and drop off.

Option 2 – All parking on-site option:

2. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

3. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Asset Management Division).

6. All other fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

8. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

9. The gate is to open into the property.

10. All car parking, drop-off and collection points are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

And the following advice notes:

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

4. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

6. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

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 ⇩.

Plan

Officer’s Recommendation

2. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

3. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Asset Management Division).

6. All other fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

8. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

9. The gate is to open into the property.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

4. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

6. The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 48

Item: 12.1.5

Development Application - Change of Use - Shop to Recreation - Private - S/L 2 and 3 (99) Dempster Street, Esperance

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

File Ref: D18/27443

Applicant

Steve McMullen on behalf of Bay Fitness Management Pty Ltd

Location/Address

S/L 2 and 3 (99) Dempster Street, Esperance

Executive Summary

That Council consider a development application for a change of use of the existing shops to recreation – private at S/L 2 and 3 (99) Dempster Street, Esperance.

Recommendation in Brief

That Council approve Development Application 10.2018.3965.1 for a change of use of the existing shops to recreation – private at S/L 2 and 3 (99) Dempster Street, Esperance subject to conditions.

Background

A development application was received on 7 November 2018 for a change of use of the existing shops to recreation – private at S/L 2 and 3 (99) Dempster Street, Esperance.

The application is referred to Council as required by Council Policy EXT 004 – Applications lodged by Staff or Elected Members, due to the application having been lodged by a Councillor.

Officer’s Comment

The proposal complies with all provisions of Local Planning Scheme No. 24 and is referred to Council solely on the grounds that the approval of Council is required by Council Policy EXT 004 – Applications lodged by Staff or Elected Members for any application that has been lodged by a Councilor.

Consultation

Nil

Financial Implications

Application fees totalling $295.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

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 ⇩.

Plan

Officer’s Recommendation

That Council resolve to approve development application 10.2018.3965.1 for a change of use of the existing shops to recreation – private at S/L 2 and 3 (99) Dempster Street, Esperance subject to the following conditions:

2. The land and buildings the subject of this approval shall be used for the purposes of Recreation – Private only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from Schedule 1 – Definitions of LPS 24).

· Recreation – Private means that are –

i. Used for indoor or outdoor leisure, recreation or sport; and

ii. Not usually open to the public without charge.

3. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

4. The approved development shall be connected to a reticulated water supply provided by a licensed water provider.

5. The approved development shall be connected to sewer prior to commencement of the development and/or use.

6. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

7. The use hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

8. All signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

9. Sanitary conveniences to be provided for staff, as well as patrons, in accordance with the provisions of the Building Code of Australia (as amended).

AND the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

3. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

4. The proposed development is satisfactory to Council's Environmental Health Services Section subject to compliance with the following legislation (as amended):-

· Health Act 1911

· Occupational Health, Safety and Welfare Regulations 1988

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Shire of Esperance Health Local Laws 2002 (as amended)

· Metropolitan Water Supply, Sewerage & Drainage By-laws 1981

· Health Act (Carbon Monoxide) Regulations

· Health (Air Handling and Water Systems) Regulations 1994

· Environmental Protection (Noise) Regulations 1997

· Food Act 2008

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 52

Item: 12.1.6

Temporary appointment of Bushfire Risk Management Planning Program Coordinator

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Terry Sargent	Director External Services

File Ref: D18/27724

Applicant

Location/Address

Executive Summary

To advise Council of a Grant, offered by Dept of Fire and Emergency Services, to allow Melissa Ammon to complete of a Bushfire Risk Management Plan for the Shire of Esperance by 30^th June 2019.

Recommendation in Brief

That Council accepts a $114,816 grant from the Dept of Fire and Emergency Services for the completion of a Bush Fire Risk Management Plan for the Shire of Esperance.

Background

In recent years, Dept of Fire and Emergency Services (DFES), through the Office of Bushfire Risk Management (OBRM), have developed a program whereby all local governments within the State are required to have a current Bushfire Risk Management Plan (BRMP) which clearly identifies risks within the local government area and treatment strategies to address these issues.

Once the BRMP is completed and endorsed by OBRM and Council, the Shire then becomes eligible for funding through the State run Mitigation Action Funding (MAF) to complete works identified within the BRMP.

With the rollout of this project, OBRM appointed a team to assist local governments to undertake this process and developed a phased schedule for the BRMP’s to be completed. The Shire of Esperance was identified in the 3^rd phase of the project, with an expected involvement timeframe of 2020. It should be noted, the project is currently running approximately 12 months behind schedule.

Officer’s Comment

After the November 2015 Fires, the Shire’s insurers appointed a consultant to complete a BRMP, independent of the OBRM program. Strategen Consultants undertook this project, submitting a BRMP in March 2018. Unfortunately, this Plan did not satisfy the requirements of OBRM and was deemed unacceptable as a BRMP for the Shire to use for the purpose it was intended.

In August 2018, OBRM announced funding for an additional mitigation project to be undertaken within Unallocated Crown Land (UCL) and Unmanaged Reserves (UMR). While the mitigation responsibility for this land currently rests with Dept Biodiversity, Conservation and Attractions – Parks and Wildlife (PaW), this project has been identified as a joint effort between PaW and the Shire. Funding eligibility for this project will utilise the Shire’s BRMP, as well as work previously undertaken and current works planning already completed by PaW, to identify works to be carried out.

As such, the Shire has been working with DFES to establish ways to expedite the completion of a BRMP for the Shire. It is a priority that the BRMP process commence prior to the Coronial Inquest (scheduled for March 2019) and that the Shire is eligible for funding in the shortest possible time frame in order to benefit from the new UCL Mitigation Project.

DFES have advised they currently do not have any resourcing available to assist with the completion of the BRMP for the Shire, however can provide funding for a position if the Shire can provide someone to complete the BRMP.

DFES have offered a Bushfire Risk Management Planning Program Grant, to be finalised by 30^th June 2019, to the value of $114,816 to cover salary and on costs, including technology, transport and allowances for the Shire to complete this project. Through discussion with DFES, Melissa Ammon, Manager Community Support, has been recommended to undertake this project. Backfilling Mel’s role, while she undertakes this task, will provide an excellent upskilling opportunity for an existing person within the organisation (discussions are ongoing with a candidate and will be advised as soon as possible).

Ordinarily this project would be allocated a timeframe of 12 months for completion, however given that some of the work completed by Strategen Consultants can be used, and the Shire has been working with a consultant to look at treatment strategies, it is anticipated 7 months, from the 1^st of December will provide sufficient time for the project to be completed.

Consultation

Wayne Green, Superintendent DFES, Great Southern

Mark Bowen, Superintendent DFES, Rural Fire Service

Financial Implications

The Shire of Esperance has secured a Grant, to the value of $114, 816, from DFES for the completion of this project. The allocation of the grant is as followed;

Description		Budget Figure	Amended Figure	Variation
Community Support Grants and Subs	01-3700-115-155	0	($114,816)	($114,816)
Employee Costs	01-3700-300	$ 76,880	$ 169,651	$ 92,771
IT Costs	01-3700-350-502	$ 250	$ 3,268	$ 3,018
Vehicle Costs	01-3700-350-530	$ 4,800	$ 20,080	$ 15,280
Minor Assets	01-3700-350-504	$ 0	$ 3,747	$ 3,747
Net result				0

Asset Management Implications

N/A

Statutory Implications

The completion of the BRMP will ensure the Shire of Esperance is eligible for State funding to assist with undertaking mitigation works identified within the BRMP.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Develop and maintain a safe environment for the community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council accept a $114,816 grant from the Dept of Fire and Emergency Services for the completion of a Bush Fire Risk Management Plan for the Shire of Esperance. Budget amendment as follows:

Description		Budget Figure	Amended Figure	Variation
Community Support Grants and Subs	01-3700-115-155	0	($114,816)	($114,816)
Employee Costs	01-3700-300-300	$ 76,880	$ 169,651	$ 92,771
IT Costs	01-3700-350-502	$ 250	$ 3,268	$ 3,018
Vehicle Costs	01-3700-350-530	$ 4,800	$ 20,080	$ 15,280
Minor Assets	01-3700-350-504	$ 0	$ 3,747	$ 3,747
Net result				0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 November 2018 Page 55

Item: 12.1.7

Funding for Fire Sheds

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Terry Sargent	Director External Services

File Ref: D18/28131

Applicant

Location/Address

Executive Summary

To advise Council of a successful application of funds through the Local Government Grant Scheme (LGGS) Bush Fire Service (BFS) Capital Grants Committee (CGC) to build fire sheds for the Coomalbidgup and Quarry Road Bush Fire Brigades. And, to make appropriate provision for the receipt of the funds and proposed expenditure.

Recommendation in Brief

That Council accept the $774,067 grant from Dept of Fire and Emergency Services through the Local Government Grant Scheme for the construction of sheds for the Coomalbidgup and Quarry Road Bush Fire Brigades.

Background

In 2012/13, the Shire was allocated $62,918 through the LGGS funding to build a fire shed in Coolmalbidgup. The Brigade identified a site for the shed within the Coomalbidgup town site and application was made through Dept of Lands. After some delay the shire was advised that the preferred site had Native Title implications and a foreseeable resolution date was unavailable. As an alternative, the Dept of Lands suggested the current site be considered, give it was a property with a lease, which had lapsed and had Native Title obligations extinguished.

The Brigade accepted the site, however found the shed costs had substantially escalated during the delay, and there was now a significant shortfall in funding. The project has since stalled and each year an application to DFES is made to roll over the amount to until a viable option to proceed with the shed build could be established.

In a separate matter, during 2011/12, the Shire was allocated $60,000 through the LGGS funding to build a shed to house the Incident Control Van (ICV), which is currently housed in a shed on loan at the Shire Depot. It was identified that a logical location for this shed would be at the DFES Collocated Facility in Brazier St. Again, due to delays in permissions etc, the cost of the shed escalated beyond the available funding.

In April this year, it was decided that the ICV shed would collocate with the Quarry Road Brigade. Plans were to be drawn up and additional funding applied for based on current costs. An architect was engaged to plan the extension, however on inspection found a number of build issues with the existing Quarry Road shed. Upon further investigation, it was found that an occupancy permit was not issued on completion of the Shed when built in 2008. In order to obtain one, structural and compliance inspections were undertaken and serious structural deficiencies were identified. Two structural engineering reports rated the shed at well below the acceptable standard, with recommendations to not use the building for public purposes and dismantling of the Shed.

The Quarry Road Brigade is currently not using their shed, and trucks are being housed temporarily in an aircraft hangar at Myrup Fly In Estate with much of the Brigade training being undertaken with neighbouring brigades.

Officer’s Comment

Many remedial actions for the Quarry Road shed were explored. All suggestions were considered and no ideas were dismissed in order to reach a solution in the shortest possible timeframe. The majority of the advice received indicated that remedial action would be time consuming and expensive and the best outcome would be to obtain funding to build a new shed.

In August, an application was made to DFES for consideration by the out of session Local Government Grant Scheme Bush Fire Service Capital Grants Committee. An amount of $500,000 was requested for consideration to provide a 2 appliance bay facility with amenities for the Quarry Road Brigade. At the same time, an additional amount of $274,067 was requested to cover the shortfall for the Coomalbidgup Fire Shed.

During October we were advised both requests had been approved and both projects could proceed, with the following conditions;

“Local Governments must ensure all approved building projects comply with section 3.5 of the 2018-19 LGGS Manual for Capital and Operating Grants, in particular;

· The need to invite tenders and engage a contractor within 12 months of the date of approval to limit cost escalation due to delays (immediate commencement is preferred);

· The requirement for suitable land for immediate construction; and

· The land provided by Local Government is to be in close proximity to utilities (power, water and communications)”

This is additional funding. Funds already provided for the Coomalbidgup shed and the ICV Brigade shed are unaffected.

The Coomalbidgup Shed project has advertised for tender and been closed. Consideration of tenders is currently underway.

The Quarry Road Brigade has been advised that funding has been approved for a replacement and a way forward is being developed. A preliminary shed design has been tabled with the Brigade and subject to acceptance of the funding and budget variation, it is anticipated a tender will be advertised by January.

Consultation

Dept Fire and Emergency Services

Coomalbidgup Bush Fire Brigade

Quarry Road Bush Fire Bush Brigade

Esperance Emergency Support Unit (ICV Brigade)

Financial Implications

The shire of Esperance has secured additional capital grant funding to complete these two projects. The allocation is as follows:

Description		Budget Figure	Amended Figure	Variation
Fire Prevention – Capital Grants	01-8100-150-760	($134,721)	($908,788)	($774,067)
Quarry Rd Fire Shed	W3207	$63,114	$563,114	$500,000
Coomalbidgup Fire Shed	W3208	$71,607	$345,674	$274,067
Net result				0

Asset Management Implications

The sheds are maintained and included on the replacement program through the Local Government Grants Scheme for Bush Fire Brigades, funded by the State Government.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Develop and maintain a safe environment for the community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council

1. Accept the $774,067 grant from Dept of Fire and Emergency Services through the Local Government Grant Scheme for the construction of sheds for the Coomalbidgup and Quarry Road Bush Fire Brigades.

2. Amend the council budget as follows;

Description		Budget Figure	Amended Figure	Variation
Fire Prevention – Capital Grants	01-8100-150-760	($134,721)	($908,788)	($774,067)
Quarry Rd Fire Shed	W3207	$63,114	$563,114	$500,000
Coomalbidgup Fire Shed	W3208	$71,607	$345,674	$274,067
Net result				0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 November 2018 Page 58

12.2 Asset Management

Nil

12.3 Corporate Resources

Item: 12.3.1

Lease Surrender - Mary Joy Nichols - Tanker Jetty Site 2

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

File Ref: D18/25259

Applicant

Mary Joy Nichols

Location/Address

Lot 991 The Esplanade Esperance.

Executive Summary

For Council to consider surrendering the lease over Tanker Jetty Site 2 for Mary Joy Nichols.

Recommendation in Brief

That Council accepts the surrender of the lease over Tanker Jetty Site 2 for Mary Joy Nichols.

Background

In August 2016, the lease for Tanker Jetty Site 2 was reassigned to Mary Joy Nichols. Since this time Mary has been operating her business ‘Spudlicious’ from the premises.

A request has been received from the Lessee asking for approval to surrender the lease over the site due to the profit from sales being less than the costs to run the business.

Officer’s Comment

Low patronage at the site has caused the mobile food van to operate at a loss and therefore Mary has decided to no longer operate her business from the site.

Mary has indicated that she intends to vacate the premises on 31 December 2018.

The Site will be advertised for Expressions of Interest to attract a new tenant and will be made available to traders who hold a valid Mobile Food Vendor Permit until such time as a permanent tenant is appointed.

Consultation

Mary Joy Nichols

Director Corporate Resources

Financial Implications

Lease Surrender fee of $210 Inc GST

Any outstanding rent and electricity invoices will be paid by the Lessee.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – S3.58 Disposing of Property

Policy Implications

COR004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

A robust economy that provides a diversity of employment opportunities

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

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Lease Surrender Request

Officer’s Recommendation

That Council agrees to;

1. Surrender the lease over Tanker Jetty Site 2 with Mary Joy Nichols, effective from 31 December 2018;

2. Lease surrender fee of $210 Inc GST being payable;

3. The Lessee being responsible for any outstanding rent and electricity usage costs; and

4. Vacant Jetty Headland Sites being made available to traders holding valid Mobile Food Vendor Permits until such time as permanent tenants are appointed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 61

Item: 12.3.2

Scouts Australia WA Branch - Lease Area Amendment

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

File Ref: D18/25437

Applicant

Scouts Australia WA Branch

Location/Address

Lot 686 The Esplanade, Reserve 32048.

Executive Summary

For Council to consider the request from Scouts Australia WA Branch to include the grassed Northern portion of Reserve 32048 as their lease area.

Recommendation in Brief

That Council reconfirms the lease area offered to Scouts Australia WA Branch excludes the grassed Northern portion of Reserve 32048.

Background

In the September Ordinary Council Meeting, Council agreed to lease a portion of Lot 686 The Esplanade, Reserve 32048 to Scouts Australia WA Branch.

The Director Asset Management had requested for the Northern portion of the existing lease area to be removed from the new lease to enable greater flexibility on the Shire’s behalf for further development of the skate park precinct.

Correspondence has since been received by Scouts requesting to retain the entire Lot as their lease area rather than removing the Northern portion. Reasoning provided by Scouts for this request is as follows;

· Scouts utilise the grass in the Northern area each week and do not prevent anyone else from using it

· Scouts would like to ensure they are property consulted and consent to any future developments as opposed to just being notified

· The whole lease area has been reserved under management order for ‘Scout Use’ for over 45 years

Scouts have been advised that the removal of this area from their lease will not affect them utilising the area as it will remain public open space and were also asked whether they would consider a consultation clause being included within the new lease as opposed to including the Northern portion. Their response was to again request the entire Lot as their lease area with no further elaboration on the matter.

Officer’s Comment

The previous lease area consisted of the entire Lot with an area of 2193m². This reserve is vested with the Shire of Esperance with a purpose of ‘Hall Site Boy Scouts & Girl Guides’.

To date the area surrounding the building located on the site has been maintained by the Shire, including the mowing, reticulation and tree pruning. The Scouts have indicated that they would be willing to take on this maintenance should they retain the area as part of their lease, however this is not deemed practical as the Shire maintains the surrounding open space and it would be difficult to differ between the lease area and other areas as it is one large expanse of grass. This may also cause community concern if the lease area is not maintained as often and to the same standard as the surrounding area.

To prevent these issues, it is suggested that the Scouts provide a monetary amount to the Shire in lieu of this maintenance should the lease area remain as the whole Lot. The Shire’s Parks and Reserves Supervisor has provided an estimate of $9,523.00 per annum for Shire costs of mowing and irrigation requirements within the lease area.

This information was provided to the Scouts with a request as to whether the group would be willing to contribute funds to the Shire in lieu of these works. Scouts have responded with no acceptance of contributing funds for this work, however have reiterated that they would be happy to mow the lawns if necessary.

Amending the lease area to remove the Northern portion of the Lot will allow the lease to more accurately reflect the current activity occurring on the Site.

Any development that takes place on this Reserve will not affect the ability of the Scouts to utilise the area to the North on a regular basis as it will remain public open space as part of the skate park precinct. The Director Asset Management has advised that the Scouts will be consulted prior to any development taking place on this Reserve.

The area to the East of the existing building is recommended to remain as part of the lease area to enable the Scouts to complete any approved development without the need to vary the lease, however the small portion to the South that encompasses the road is also recommended to be removed from the lease area. Please refer to Attachment A for a comparison between the previous lease area and proposed amendment.

Consultation

Director Asset Management

Director Corporate Resources

Scouts Australia WA Branch

Supervisor Parks & Reserves

Financial Implications

Should the lease area remain as the entire Lot, an annual fee for mowing and irrigation costs is suggested to be paid to the Shire by Scouts Australia WA Branch.

Asset Management Implications

Consult Scouts Australia WA Branch prior to any development taking place on the Reserve.

Statutory Implications

Land Administration Act 1997 – S18 Crown land transactions that need Minister’s approval

Policy Implications

COR004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Esperance is seen as a destination of choice to live, work, invest and visit

Leverage our environmental, built, cultural and social assets in the promotion of Esperance

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Lease Area Amendment Proposal
b ⇩.	Maintenance Cost Estimate
c ⇩.	Scouts WA Correspondence

Officer’s Recommendation

That Council reconfirms the lease area offered to Scouts Australia WA excludes the grassed Northern portion of Reserve 32048.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 76

Item: 12.3.3

Self Supporting Loan - Esperance Bay Yacht Club

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

File Ref: D18/25451

Applicant

Esperance Bay Yacht Club

Location/Address

The Esplanade, Esperance

Executive Summary

This report recommends approval of a new self-supporting loan of $60,000 for the purpose of asbestos removal and recladding of the dinghy storage shed and change rooms for the Esperance Bay Yacht Club.

Recommendation in Brief

That Council agrees to provide a self-supporting loan of $60,000 to Esperance Bay Yacht Club for a term of 5 years for the purpose of asbestos removal and recladding of the dinghy storage shed and change rooms. Council is also to provide one month’s public notice of the proposal and secure guarantors from the club.

Background

Esperance Bay Yacht Club (EBYC) have requested from Council a self-supporting loan for asbestos removal and recladding of their dinghy storage shed and change rooms. The loan amount is $60,000 for a term of 5 years with quarterly repayments. The annual repayments will be approximately $13,000. See attached letter from the club.

EBYC currently have a self-supporting loan with the shire with $340,978 outstanding as at 30 June 2018. This loan was provided to EBYC in August 2013 and is expected to be fully repaid by August 2033. To date EBYC have met their loan repayments by the due date.

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 years have been provided in support of the application. After adding back non-cash items and excluding extraordinary income and expenses for each of the past 3 years the available earnings would comfortably meet the annual finance obligations for all loans. Based on this data and assuming no significant changes a projection for future years’ profit and loss indicates the club would be able to service the loan.

In addition to the above the club currently has substantial savings that will be available if need be to cover any shortfalls. The intention of the club is to maintain and increase the savings.

Security: Standard practice for a self-supporting loan is that personal guarantors are sought from within the membership group who will benefit from the loan provision. EBYC has provided a list of 7 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 other self-supporting loans 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 Australian 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 ⇩.

Esperance Bay Yacht Club - Loan Request Letter

Officer’s Recommendation

That Council:

1. Provide a self-supporting loan of $60,000 to Esperance Bay Yacht Club for a term of 5 years for the purpose of asbestos removal and recladding of the dinghy storage shed and change rooms

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

3. Secure personal guarantors for the loan from Esperance Bay Yacht Club.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 November 2018 Page 80

Item: 12.3.4

Policy Review HR 013 UV, PPE & Clothing

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

File Ref: D18/26590

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the HR013: UV, PPE and Clothing policy.

Recommendation in Brief

That Council endorse the HR013: UV, PPE and Clothing policy 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 HR013 policy. All changes are noted within Attachment A.

Human Resources

Policy Name

Ref No.

Recommended Amendment

UV, PPE and Clothing

HR 013

Amend title to include PPE

Minor formatting

Inclusion of Supervisor responsibilities, paragraph related to damaging PPE and requirements for indoor staff undertaking outdoor activities.

Expanding on hat requirements.

Consultation

Manager Human Resources

Middle Management

Directors

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.2.7(2)(b) ‘Determine Local Government’s Policies’

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2017/2018 – 2020/2021

Manage Corporate Support

Environmental Considerations

Nil

Attachments

a ⇩.

HR013: UV, PPE and Clothing Policy

Officer’s Recommendation

That Council endorse HR013: UV, PPE and Clothing Policy inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 141

Item: 12.3.6

Lease - Esperance Bay Remote Control Car Club

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

File Ref: D18/27292

Applicant

Esperance Bay Remote Control Car Club Inc

Location/Address

Portion of Lot 64 Thompson Street West Beach, Reserve 27626.

Executive Summary

For Council to consider entering into a further lease with the Esperance Bay Remote Control Car Club Inc.

Recommendation in Brief

That Council agrees to enter into a further lease with the Esperance Bay Remote Control Car Club Inc.

Background

The Esperance Bay Remote Control Car Club began leasing this area in January 2016. Previous to this, the Club were utilising an area at the Mechanical Restoration Group for a temporary track on the Restoration Group’s open days.

Since the Club has been leasing the current premises, the club has cleared a portion of the lease area and created a permanent track for their activities. This has allowed the Club to hold various events on site throughout the term of their lease and encouraged growth of the Club.

The current lease is due to expire 31 December 2018 and the Club has submitted a request to renew their lease for a further 10 years.

Officer’s Comment

Discussions with the Manager Strategic Planning and Land Projects has identified that there are no planning concerns with the lease being renewed for a further 10 year term.

The Shire’s Environmental Officer and Manager Parks and Environment have advised that conditions of the Club’s previous clearing permit for the site from the Department of Water and Environmental Regulation included a recommendation for the Club to prepare a Recreation Management Plan to identify measures to address potential risks to water quality from the proposed land use.

To date a Recreation Management Plan has not been created by the Club and it is advised that the Club work with the Department of Water and Environmental Regulation along with Shire Officers to develop this Plan.

Should any further clearing be required on the site for further development of facilities, the Club would be required to apply for a new clearing permit as their previous permit has expired.

Consultation

Manager Strategic Planning and Land Projects

Manager Parks and Environment

Environmental Officer

Financial Implications

Lease preparation fee of $125 Inc GST

Annual lease fee of $110 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.3.58 Disposing of Property

Local Government (Functions & General) Regulation 1996 – s.30 Disposing of property excluded from Act s.3.58

Land Administration Act 1997 – s.18 Crown Land Transactions that require Minister’s approval

Policy Implications

COR004: Building and Property Leases

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

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire Leases and Insurance

Environmental Considerations

The club’s current clearing permit has expired and no further clearing is to be undertaken unless the Club obtains a further permit from Department Water and Environment Regulation.

The Club is to prepare a Recreation Management Plan to identify measures to address potential risks to water quality from the proposed land use.

Attachments

a ⇩.

Request to Renew Lease

Officer’s Recommendation

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

1. Lease portion of Lot 64 Thompson Street West Beach, Reserve 27626, to the Esperance Bay Remote Control Car Club;

2. The term of the lease being 10 years;

3. A Lease preparation fee of $125 Inc GST being payable;

4. Annual lease fee being $110 Inc GST; and

5. A Recreation Management Plan being prepared by the Club in consultation with Department of Water and Environment Regulation and the Shire.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 145

Item: 12.3.7

CEO Review of Systems and Procedures

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

File Ref: D18/27332

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

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

Recommendation in Brief

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

Background

Regulation 17 of the Local Government (Audit) Regulations requires the CEO to review certain systems and procedures. The Audit Committee is to consider the CEO’s biennial reviews of the appropriateness and effectiveness of the Local Government’s systems and procedures in regard to risk management, internal control and legislative compliance.

The last review was undertaken in November 2016 and the review recently undertaken by the CEO is now to be considered.

The Shire’s Risk Management Policy (Attachment A) provides guidance and direction in relation to risk management and determines the Shire’s risk appetite with regard to the measures of consequence and likelihood of each risk.

The Audit Committee met on 6 November 2018 to consider the report and resolved the following –

That the Audit Committee;

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

2. Recommend the review to Council for endorsement.

Officer’s Comment

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

Risk Management

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

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

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

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

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

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

– Litigation and claims;

– Misconduct, fraud and theft;

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

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

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

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

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

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

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

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

Internal Control

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

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

· integrity and ethics;

· policies and delegated authority;

· levels of responsibilities and authorities;

· audit practices;

· information system access and security;

· management operating style; and

· human resource management and practices.

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

Aspects of an effective control framework will include:

· delegation of authority;

· documented policies and procedures;

· trained and qualified employees;

· system controls;

· effective policy and process review;

· regular internal audits;

· documentation of risk identification and assessment; and

· regular liaison with auditor and legal advisors.

The following are examples of controls that are typically reviewed:

· separation of roles and functions, processing and authorisation;

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

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

· limit of direct physical access to assets and records;

· control of computer applications and information system standards;

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

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

· comparison and analysis of financial results with budgeted amounts;

· the arithmetical accuracy and content of records;

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

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

Legislative Compliance

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

· Monitoring compliance with legislation and regulations;

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

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

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

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

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

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

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

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

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

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

It has been identified that the only area where there is an inadequate level of controls in place is with regard to the supplier and contract management risk profile. This is due to a lack of established procedures for;

· reviewing contracts;

· monitoring minor contracts; and

· reviewing regular supplier’s performance.

These procedures should be developed by the end of the current financial year.

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

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

Consultation

Directors

Middle Management

OSH/Risk Officer

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

Local Government (Audit) Regulations 1996 – r.17 CEO to review certain systems and procedures

Policy Implications

EXE019: Risk Management

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 Risk Management System

Environmental Considerations

Nil

Attachments

a ⇩.	Risk Management Policy
b ⇩.	Risk Register

Audit Committee Recommendation

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

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 177

Item: 12.3.8

Lease - Veteran Car Club

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

File Ref: D18/27376

Applicant

Veteran Car Club Inc

Location/Address

Portion of Lot 138 McLean Road Chadwick, Reserve 44921.

Executive Summary

For Council to consider entering into a further lease with the Veteran Car Club of WA Inc.

Recommendation in Brief

That Council agrees to enter into a further lease with the Veteran Car Club of WA Inc.

Background

The Veteran Car Club of WA Inc has been leasing the premises since June 2012. During this time the Club has built a club shed on site which allows club members to meet and perform restorative work on old cars.

The Club are actively involved in many community events, including the Esperance Agricultural Show and Australia Day events. The Club also accommodate other community groups who visit the club, such as the Men’s BBQ group from Home Care.

The Club provides another outlet for older members of the community to be involved in within the local area.

Officer’s Comment

The Club’s current lease is due to expire 18 December 2018 and includes an option for a further term of 5 years. Discussion with the Club has ascertained that they do not wish to exercise their existing option and would like to enter into a new lease for a term of 21 years.

The Shire has power to lease on this Reserve for up to 21 years, subject to approval from the Department of Lands.

Advice received from Manager Strategic Planning and Land Projects confirms there are no concerns with this proposal going forward.

A longer term lease will provide the Club with greater certainty as they are currently looking to complete some renovations to their building.

Consultation

Veteran Car Club WA Inc

Manager Strategic Planning and Land Projects

Financial Implications

Lease preparation fee of $125 Inc GST

Annual lease fee of $110 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s3.58 Disposal of Property

Local Government (Functions & General) Regulation 1996 – s.30 Disposal of property excluded from Act s3.58

Land Administration Act 1997 – s.18 Crown land transactions that require Minister’s approval

Policy Implications

COR004: Building and Property Leases

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

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Lease Renewal Request

Officer’s Recommendation

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

1. Lease portion of Lot 138 McLean Road Chadwick, Reserve 44921 to the Veteran Car Club WA Inc;

2. The Lease term being 21 years;

3. A lease preparation fee of $125 Inc GST being payable; and

4. The Annual lease fee being $110 Inc GST.

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 182

12.4 Executive Services

Item: 12.4.1

Information Bulletin - October 2018

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

File Ref: D18/26934

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 - October 2018
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	Corporate Performance Report - October 2018 - Under Separate Cover - To be Released at Agenda Breifing
d ⇩.	Licensing Services Audit Report
e ⇩.	Letter - Feedback Replacement Jetty Draft Concept Design - Hon Alannah MacTiern MLC
f ⇩.	WALGA Quarterly Report - 2018 Q3 - Shire of Esperance
g ⇩.	Letter of Congratulations - Shire President - Environmental Sustainability Award - Tidy Towns
h ⇩.	Certificate of Appreciation - Esperance Senior High School - Workplace Learning Program
i ⇩.	Minutes - CEO GVROC Meeting - 12 October 2018

Officer’s Recommendation

That Council accepts the Information Bulletin for October 2018 and;

1. Register - Delegations Discharge - Corporate Resources

2. Corporate Performance Report - October 2018

3. Licensing Services Audit Report

4. Letter - Feedback Replacement Jetty Draft Concept Design - Hon Alannah MacTiern MLC

5. WALGA Quarterly Report - 2018 Q3 - Shire of Esperance

6. Letter of Congratulations - Shire President - Environmental Sustainability Award - Tidy Towns

7. Certificate of Appreciation - Esperance Senior High School - Workplace Learning Program

8. Minutes - CEO GVROC Meeting - 12 October 2018

Voting Requirement Simple Majority

Ordinary Council: Agenda

27 November 2018 Page 224

Item: 12.4.2

2017/2018 Shire of Esperance Annual Report

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

File Ref: D18/27893

Applicant

Executive Services

Location/Address

N/A

Executive Summary

To present to Council for acceptance the 2017-2018 Shire of Esperance Annual Report and to set a date and time for the Annual General Meeting of Electors.

Recommendation in Brief

That Council:

1. Accepts the 2017/2018 Shire of Esperance Annual Report as presented

2. Convenes the Annual General Meeting of electors for 7pm Tuesday 17 December 2018 at the Esperance Civic Centre

3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2017/2018 Shire of Esperance Annual Report and the time and date of the Annual General Meeting of Electors.

Background

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

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

A significant proportion of the Annual Report are the Annual Financial Statements and Associated Notes. A meeting of the Audit Committee was convened on the 6 November 2018 at 10.30am, no issues were raised and the Audit Committee endorsed the audited 2017 - 2018 Annual Financial Report incorporating the Audit Report and the Management Letter.

Officer’s Comment

A copy of the 2017/2018 Shire of Esperance Annual Report has been distributed to Elected Members. The Annual Report includes a full copy of the endorsed Annual Financial Report incorporating the Audit Report and the Management Letter.

The recommended date for the Annual Electors meeting of 17 December was proposed to ensure compliance with the Act. A meeting must be called within 56 days of Council accepting the Annual Report and cannot be held until a minimum of 14 days from the date Public Notice has been provided. Under the Act Public Notice must include an advertisement in the paper that circulates in the local district.

Consultation

Chief Executive Officer

Executive Services

Corporate Resources

External Services

Asset Management

Financial Implications

Advertising costs are within the Council Connections budget

Asset Management Implications

Nil

Statutory Implications

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

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2018/2019 – 2021/2022

L1.5 Manage Corporate Reporting

Environmental Considerations

Nil

Attachments

a ⇩.

2017/2018 Shire of Esperance Annual Report - Under Separate Cover - To be Released at Agenda Breifing

Officer’s Recommendation

That Council:

1. Accepts the 2017/2018 Shire of Esperance Annual Report as presented

2. Convenes the Annual General Meeting of electors for 7pm Tuesday 17 December 2018 at the Esperance Civic Centre

Voting Requirement Absolute Majority

Ordinary Council: Agenda

27 November 2018 Page 247

14. Motions of which Notice has been Given

Cr Payne

That Council reopen the Dempster Head downhill mountain bike track and replace the elements that have been removed, until such time as the track is deemed unsuitable for this use.

Voting Requirement Simple Majority

Cr Payne’s Reason: This track was closed without consultation with the users. This downhill mountain bike track has been in use for over 20 years by our community. It is a fantastic community facility and a community asset. The track received worldwide attention through being part of the Red Bull Freight Train free ride mountain bike tour in 2004. It compares with the successful downhill mountain bike track in Albany which is highly supported by the Albany City Council. Albany has recently hosted a very successful trails weekend with downhill mountain biking and an urban downhill with a number of youth involved. It is noted that the Dempster Head Management Plan recently received by Council did not rule out this area as downhill mountain bike track. Currently there is no other easily accessible downhill mountain bike track in town.

Cr Payne

That Council seek public comment on the draft design for the Adventureland Park bike track, and hold a workshop to receive input from parents, children and youth to ensure the best possible design is achieved.

Voting Requirement Simple Majority

Cr Payne’s Reason: A bike track was not part of the original strategic plan for Adventureland Park however has been identified since. The Esperance BMX association approached the Port in 2014 requesting to use the old skate park site for a bike track for all ages.

Considering the amount of consultation the Shire undertook with regards to seeking input into the skate park, the question arises whether we should provide the same level of consultation with a bike track.

There is also confusion with respect to what is actually being proposed. The letters sent to surrounding residents stated the area would be used for a bike track with little detail given. However the draft plans now show a traffic learning area with 2-way traffic. Some of the sample photos that accompany this draft plan show one way pump tracks.

Esperance is a small town and therefore, like our skate park, the facilities we develop, such as bike tracks, should cater to a range of age groups. It should be noted that the Kalgoorlie BMX track, the Hopetoun BMX track, and the new Albany pump track as well as the multitude of bike tracks in Perth including the two new bike tracks in Coburn all cater for a range of age groups and are very popular and successful.

There is also concern regarding the location and that a traffic learning area would draw small children to the end of the park better suited to older children given the plans for a large swing that could injure small children, the climbing tower suited to older children, and the flying fox. The playground for very young children is located at the other end of the park.

Cr Payne

That Council commits to developing an Economic Development Strategy for the Shire.

Voting Requirement Simple Majority

Cr Payne’s Reason: Esperance is fortunate to have a strong farming industry, however in recent times we have seen a reduction in port activity and loss of a number of small locally owned businesses in town. Esperance has strong potential for expansion of existing industries such as tourism as well as new industries such as downstream minerals processing, given the port facility in town and proximity to mining activity. However, it is clear we need to ensure new industry is progressed in a sustainable manner. For Council to commit to preparation of an economic development strategy, it will be the first step in looking strategically at how we can invite new industries, move successfully into the future and ensure a strong sustainable future for our Shire. It is noted that a subregional economic development plan has previously been developed which includes Ravensthorpe and Dundas, however this plan is a number of years old now and does not focus solely on the Shire of Esperance. It is proposed an economic development plan be developed exclusively for the Shire of Esperance.

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

0156-18 Supply, Delivery and Licensing of One New 2018/2019 Articulated Loader

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

Expression of Interest - Old Salmon Gums School Museum Village

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to 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)).

Item: 17.3

0136-18 Construction Lake Monjingup Boardwalk

Confidential Item

18. PUBLIC QUESTION TIME

19. CLOSURE

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)

a ⇩.	Esperance Visitor Centre Management Committee - 8 October 2018
b ⇩.	Jetty Replacement Working Group – 18 October 2018
c ⇩.	Esperance Twin Towns Committee – 12 November 2018