Ordinary Council: Agenda

23 April 2019 Page 2

DISCLAIMER

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

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

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

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

ATTACHMENTS

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

Ordinary Council: Agenda

23 April 2019 Page 4

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Agenda Briefing ¨ Ordinary Council Meeting ¨ Both Meetings ¨

Name of Person Declaring the Interest:

Position: Date of Meeting:

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

Interest Disclosed

Item No:

Subject:

Nature of Interest:

Type of Interest: Financial Proximity Impartiality

Interest Disclosed

Item No:

Subject:

Nature of Interest:

Type of Interest: Financial Proximity Impartiality

Interest Disclosed

Item No:

Subject:

Nature of Interest:

Type of Interest: Financial Proximity Impartiality

Signature: Date:

Office Use Only:

Entered into interest Register:

Officer Date

Ordinary Council: Agenda

23 April 2019 Page 7

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

23 April 2019 Page 15

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 23 April 2019

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr V Brown President Rural Ward

Cr N Bowman Deputy President Rural Ward

Cr J Parsons Town Ward

Cr S McMullen Town Ward

Cr S Payne Town Ward

Cr L McIntyre Town Ward

Cr R Padgurskis Town Ward

Cr D Piercey, JP Town Ward

Cr B Parker Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mr M Walker Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Manager Strategic Planning & Land Projects

Mrs H Hall Executive Assistant

Miss A McArthur Administration Officer – Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 26 March 2019 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Proposed Road Closure - Portion of Unnamed Road off Phyllis Street, Castletown

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

File Ref: D19/7254

Applicant

Mrs K Vandenberghe

Location/Address

Unnamed Road Reserve off Phyllis Street, Castletown

Executive Summary

For Council to grant final approval for the closure of the unnamed road reserve off Phyllis Street, Castletown.

Recommendation in Brief

That Council:

1. Request the Minister of Lands to close the road reserve of the unnamed road off Phyllis Street, Castletown under Section 58 (1) of the Land Administration Act 1997.

2. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Background

The planned road closure has been proposed, as a consequence of an approach by an adjoining land owner (Attachment A).

Officer’s Comment

From a planning and engineering perspective, the closure of the road is appropriate as it only services the proponent’s lot. It should be noted that the track that extends to Irene Street traverses Lot 2 (16) Phyllis Street (The Travellers Inn Hotel Motel site) and is not a legal path of travel.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which required a minimum 35 day public comment/referral period to all affected landowners and government agencies.

Advertising was undertaken between 25 January 2019 and the 8 March 2019. A notice was also placed in the Esperance Express on 1 February 2019.

The following submissions were received:

Submitter	Comment
Telstra	No Objection
Water Corporation	No Objection
D & K Vandenberghe	Support
Department of Health	No Objection
Horizon Power	No Objection
Department of Water and Environmental Regulation	No Comment
Pat & John Ivers	Support
Department of Planning, Heritage and Lands	No Objection

At the closure of the advertising period two public submissions were received and six agency submissions (Attachment B). There were no objections to the proposed road closure.

Financial Implications

Once the proposal has been formally adopted by Council, all costs associated with the road closure process in regards to title adjustments and new titles are to be met by the applicant. Furthermore, at this stage the Applicant will need to indemnify the Minister of all costs and charges in association with the closure.

An application fee of $800 applies to this application.

Asset Management Implications

This application has been referred to Asset Management, they have identified that there are no plans for the construction of this unnamed road, as such it is not seen that the proposal has any Asset Management Implications.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

ASS 006: Permanent Road Closures

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 ⇩.	Expression of Interest - Unnamed Road of Phyllis Street
b ⇩.	Submissions

Officer’s Recommendation

That Council:

1. Request the Minister of Lands to close the road reserve known unnamed road off Phyllis Street, Castletown under Section 58 (1) of the Land Administration Act 1997.

3. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 26

Item: 12.1.2

Minor Amendment - Outbuildings Local Planning Policy

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

File Ref: D19/7694

Applicant

Internal (Strategic Planning & Land Projects)

Location/Address

Shire of Esperance

Executive Summary

For Council to consider a minor amendment to the Outbuildings Local Planning Policy.

Recommendation in Brief

That Council, in accordance with Clauses 4 and 5(2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2), proceed to amend the Outbuildings Local Planning Policy as shown in Attachment A.

Background

The Outbuildings Local Planning Policy was adopted at the July 2017 Ordinary Council Meeting where it resolved (O0717-160):

2. In accordance with Clause 4 and 5 (2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend the following Local Planning Policies as per Attachment B:

a. Local Planning Policy: Outbuildings

Officer’s Comment

Since the adoption of the policy it has been determined that a number of minor modifications are required (shown in Attachment A).

The modifications proposed make the policy consistent with the Scheme and other policies while also correcting typographical errors.

The modifications along with a brief justification are outlined in the following table:

Modification	Reason
Rewording commercial/business uses to commercial or industrial uses	To make consistent with wording inserted into the Scheme as part of Amendment No. 2 (Schedule 1 Cl. 30.(b).
Replace ‘Must be for legitimate residential purposes.’ with ‘Use of outbuildings for human habitation is not permitted.’	To make consistent with wording inserted into the Scheme as part of Amendment No. 2 (Schedule 1 Cl. 30.(c).
Delete ‘Use of outbuilding for human habitation unless in accordance with Council’s Temporary Accommodation Policy (subject to a separate application)’	The Temporary Accommodation Policy referred to has been rescinded due to inconsistences with the BCA.
Amend the permissibility of an outbuilding in the ‘Residential and Urban Development’ zone and the ‘Rural Residential’ zone with ‘An Outbuilding will not be approved until such time as a Dwelling is approved on or developed on the lot.’	To make consistent with wording inserted into the Scheme as part of Amendment No. 2 (Schedule 1 Cl. 30.(a).
Under setbacks in the ‘Residential and Urban Development’ zone replace ‘an’ with ‘any’.	Typographical error
Under consultation in all zones replace ‘site’ with ‘size’	Typographical error
Amend consultation under the ‘Rural Residential’ and ‘Rural Smallholdings and Rural Zones’ by replacing ‘the Residential Design Codes’ with ‘Clause 64 of the Deemed Provisions’.	To make consistent with the Deemed Provisions.
Add a size row under ‘Rural Smallholdings and Rural Zones’ to stipulate a maximum height.	To make consistent with the height limit applied by Schedule 1 Cl. 18.(a).

Consultation

Where a policy is only subject to a minor amendment it need not be advertised in accordance with Clause 5(2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

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

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

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

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

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

Environmental Considerations

N/A

Attachments

a ⇩.

Local Planning Policy: Outbuildings

Officer’s Recommendation

That Council, in accordance with Clauses 4 and 5(2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2), proceed to amend the Outbuildings Local Planning Policy as shown in Attachment A.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 36

Item: 12.1.3

Nominations for Membership of the Youth Advisory Council

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

File Ref: D19/8593

Applicant

Greta Lauritsen and Hayden McDonald

Location/Address

N/A

Executive Summary

Two nominations to join the Youth Advisory Council have been received. There is currently space available on the committee and both applications are therefore supported.

Recommendation in Brief

That Council appoint Greta Lauritsen and Hayden McDonald to the Youth Advisory Council.

Background

The Youth Advisory Council commenced in mid-2017 and has provided input into issues such as the Adventureland Park design, the placement of solar benches along the foreshore, running The Amazing Race as part of Youth Week and assisting at events such as Edge of the Bay and The Esperance Show.

There has been a reasonable turnover of members on the committee due to tertiary education and training requirements taking a number of them out of Esperance, which is expected to be ongoing given the target ages of between 12 and 25. Both Cody Thorp and Georgia Garett have resigned for these reasons over the past twelve months.

The new members have been attracted through interaction with current Youth Advisory Council members at the different events they have participated in.

The Youth Advisory Council currently consists of:

Ellen Timmins (Chair), Dana Sharpe (Deputy-Chair), Maddilyn McGrinder, Esther Bell, Hannah Lauritsen, Lucy Hart, Sarsby Martin, Eloise Lochowicz and Dean Bonnet. Cr McMullen and Cr McIntyre (as deputy) are our elected member representative’s.

Officer’s Comment

With two resignations and the fact that the committee wasn’t fully subscribed when initially appointed, both nominations are supported. The committee currently consists of some very committed members and a few who are not always available. New members attracted because of what they see the committee achieving tend to be more involved resulting in the committee becoming stronger over time.

Even though these two nominations will only be appointed for a relatively short period before the next Council elections, it is important to harness their enthusiasm rather than making them wait for a few months and potentially losing interest. It also provides the nominees with the opportunity to get involved at the committee level before deciding whether it is something they are interested in being part of for the longer term.

Consultation

The two nominations have been discussed with the existing Youth Advisory Council members and the Coordinator Community Development and Events, with both nominees being invited to the recent informal meeting undertaken to discuss this year’s Youth Week event.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are contained within s5.8-5.18 of the Local Government Act 1995.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A resilient and proactive youth community

Increase participation and engagement of youth in the community

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council appoint Greta Lauritsen and Hayden McDonald to the Shire of Esperance Youth Advisory Council.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 April 2019 Page 38

12.2 Asset Management

Item: 12.2.1

Waterwise Council

Author/s	Dylan Gleave	Manager of Parks & Environment
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D19/8001

Applicant

Asset Management

Location/Address

Shire of Esperance

Executive Summary

That Council endorse the Shire of Esperance to enter into a Memorandum of Understanding with Water Corporation and commence participation in the Waterwise Council Program.

Recommendation in Brief

That Council

1. Commence participation in the Waterwise Council Program;

2. Request the CEO to commence the required actions to become an endorsed Waterwise Council;

3. Enter into a Waterwise Council Memorandum of Understanding with the Water Corporation and Department of Water and Environmental Regulation; and

4. Authorise the CEO to execute the Waterwise Council Memorandum of Understanding.

Background

Water Corporation and the then Department of Water launched the Waterwise Council Program in 2009 to build a cooperative working relationship with local governments to improve water use efficiency in their operations and their communities.

Population and economic growth combined with the changing climate are placing additional pressures on those planning, managing and using our water resources. In response, the State Government is creating a portfolio of options to meet our future water demands highlighting the importance of water use efficiency.

The partnership with Local Governments is an essential component in achieving water savings in our communities. The Program will assist the Shire to improve water management of potable and non-potable sources for public open space and facilities. The Program also supports behavioural changes in the community by encouraging the use of products and services designed to reduce water demand.

The Water Corporation approached the Shire of Esperance in late 2018 to consider participating in the program.

Officer’s Comment

There is considerable benefit for the Shire to participate in the Waterwise Council Program and join 56 other WA local governments’ that are engaged in the program. By participating in the program the Shire of Esperance gains access to program resources such as funding, training and technical support to assist the Shire and community to be more waterwise and efficient in water use.

The Waterwise Council Program endorsement process is very straight forward and consists of three steps as follows:

Step 1: Sign a Memorandum of Understanding (Attachment A)

Step 2: Create an Water Efficiency Action Plan (WEAP)

Step 3: Complete free online waterwise training

In relation to Step 2 the Water Corporation is happy to provide examples and advice on the preparation of a Water Efficiency Action Plan as well as the setting of targets. The Water Efficiency Action Plan needs to be sent to Water Corporation by 31 October 2019. Once the Plan is endorsed the only requirement to retain the endorsement is to annually report on the Plan.

In relation to Step 3 free Waterwise training modules will be provided on a range of topics such as landscaping, irrigation and water auditing.

The proposal is also consistent with the aims of the Sustainability Working Group which looks at ways of conserving energy and water amongst its various objectives.

Consultation

Strategic Planning and Land Projects

Sustainability Working Group (internal)

Council

Water Corporation

Financial Implications

No specific financial implications are foreseen arising from this report. There is however potential savings from a greater awareness and hence efficiency in resource usage. There will be an opportunity for small verge improvement grants each year.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

Be innovative in effectively using and protecting our water resources

Develop and implement water reuse programs and infrastructure to optimise the efficient use and reuse of our water resources

Corporate Business Plan 2018 - 2022

N6 Develop and implement water reuse programs and infrastructure to optimise the efficient use

and reuse of our water resources

Environmental Considerations

This program will help improve the water efficiency across all Council managed buildings and reserves.

Attachments

a ⇩.

Waterwise Council Memorandum of Understanding Template

Officer’s Recommendation

That Council

1. Commence participation in the Waterwise Council Program;

2. Request the CEO to commence the required actions to become an endorsed Waterwise Council;

3. Enter into a Waterwise Council Memorandum of Understanding with the Water Corporation and Department of Water and Environmental Regulation; and

4. Authorise the CEO to execute the Waterwise Council Memorandum of Understanding

Voting Requirement Absolute Majority

Purpose

The purpose of this Memorandum of Understanding (MOU) is to outline <council> commitment to the Waterwise Council Program (the Program) and detail the organisation’s commitment to build a cooperative working relationship to improve water use in the <council> area and increase awareness of the importance of water efficiency and conservation in the community.

Term

This MOU will guide the working relationship between the parties to achieve the MOU intent for a period from the date of its signing until either party decides it no longer wishes to participate in the Program. At that time, the working relationship between the parties will be reviewed.

Background

Water Corporation and the Department of Water launched the Waterwise Council Program in 2009 to build a cooperative working relationship with local government to improve water use efficiency in their operations and their communities.

The partnership with local government is an essential component in achieving water savings in our communities. The Program will assist local government to improve water management of potable and non-potable sources for public open space and facilities. The Program also supports behavioural changes in the community by encouraging the use of products and services designed to reduce water demand.

Water Corporation and the Department of Water:

· Will present the council with an official acknowledgement of achievement on completion of the program criteria. Additional recognition will be provided to endorsed councils that have achieved significant progress towards best practice water efficiency in council operations and the community.

· Will provide the council with branding to promote the council as Waterwise.

· Will promote the council as Waterwise through any relevant advertising campaigns and on both the Corporation and Department’s websites.

· Will provide access to Waterwise training including all training materials at no charge to councils participating in the Program.

<Council>:

Will work with Water Corporation and the Department of Water to improve water management and champion water efficiency, take part in appropriate promotional activities and encourage all appropriate staff to undertake relevant Waterwise training.

· Will commit to meeting the Program criteria as detailed below:

1. Council commitment – sign this Memorandum of Understanding confirming the council’s commitment to participate in the Waterwise Council Program.

2. Review council water consumption and create a Water Efficiency Action Plan for potable and non-potable water sources for all council operations and the community.

3. Ensure that appropriate staff members complete Waterwise training.

4. No breaches of groundwater licence terms or conditions set by the Department of Water and no breaches of scheme water usage in the past 12 months. (This includes permanent water efficiency measures)

5. Report annually to retain Waterwise Council endorsement. Evidence to demonstrate compliance with the Program criteria will be requested every year. Should a council fail to meet the criteria, Water Corporation and the Department of Water may remove the council’s endorsement status. If endorsement is withdrawn this automatically removes the council’s right to use the Program branding.

· Will recognise the partnership with Water Corporation and the Department of Water through promotion where appropriate on the council’s website, on materials and at events.

Future Commitments

1. The parties commit to:

Recognise and protect the intellectual property that parties may invest in the preparation of any promotion or offer.

Ensure logos used on all promotional materials are used in accordance with the organisation’s guidelines and that the appropriate approvals are received prior to use.

Nominate a point of contact at each organisation that will be responsible for overseeing progress towards the purpose of this MOU.

2. The parties will not disclose, advertise, or publish the details of this MOU without the prior written consent of the other parties, unless required to do so under law.

No Obligations

The parties agree that in working towards the purpose of this MOU they will deal with each other and conduct themselves in accordance with good commercial business and industrial practice.

The relationship between the parties is limited to carrying out the purpose of the MOU.

This MOU does not preclude either organisation from developing similar mutually beneficial understandings with other parties.

Ordinary Council: Agenda

23 April 2019 Page 44

Item: 12.2.2

Donation Public Art - Lake Monjingup

Author/s	Dylan Gleave	Manager of Parks & Environment
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D19/8002

Applicant

Esperance Community Arts

Location/Address

Lake Monjingup Reserve

Executive Summary

For Council to consider accepting the donation of public art to be installed at Lake Monjingup.

Recommendation in Brief

That Council accept the donation of TradeArts Jetty Timber Sculptures from Esperance Community Arts to be installed at Lake Monjingup in the locations to be identified by the Lake Monjingup Working Group.

Background

Esperance Community Arts approached the Shire of Esperance through the Lake Monjingup Development Committee to offer six sculptures carved from Jetty Timbers to be installed at locations around the Lake Monjinup Environment Centre.

The sculptures were created in 2013-2014 by local artists and the community with the intention that they would be included in public artworks in the waterfront redevelopment.

Officer’s Comment

The Jetty Timber Sculptures would be a good fit with the Lake Monjinup Reserve and compliment reserve infrastructure including the recently rebuilt Lake Monjingup Environment Centre and new boardwalk currently under construction.

It is proposed that the sculptures be installed by the Shire of Esperance through the Lake Monjingup Reserve operating and maintenance program and be maintained (annually oiled) for their asset life. It is not proposed or a requirement from the donation from Esperance Community Arts that the Shire replace the public art pieces at the end of their asset life.

Consultation

Director Asset Management

Parks & Environment Team

Esperance Community Arts

Lake Monjingup Development Committee

Financial Implications

Nil

Asset Management Implications

Parks and Reserves staff will be responsible for installing the public art pieces in the Lake Monjingup Reserve with future maintenance included in the Lake Monjingup Reserve operating and maintenance program.

Statutory Implications

Nil

Policy Implications

Considerations of Council’s Public Art Policy ASS026 for donations and gifts of public artwork are provided below:

· Artistic Merit

o The sculpture art project was facilitated by local artist Larry Youngson along with other local artists Mike Gibbs and Jenny Morcombe. A number of community members also contributed to the other 4 sculptures. The timber sculptures are carved form Jetty timbers and reflect the natural environment.

· Public safety

o Shire of Esperance staff will install the timbers sculptures as per the designed footing requirements and ensure they are placed in areas of the reserve where public safety will not be impacted.

· Certification as required;

o Not applicable.

· Maintenance requirements

o Once the sculptures are installed the only maintenance requirements would be periodically oiling the timber sculptures. Maintenance and management of the sculptures would be included in the annual Lake Monjingup Reserve asset management and maintenance program.

· Suitability of the location

o Lake Monjinup Reserve is a natural environment that is suitable for the installation of timber sculptures that fit into the natural landscape. The timber sculptures would fit in well with other reserve infrastructure such as the new timber boardwalk and Environment and Education Centre.

· Deaccession plan

o The Shire of Esperance will only be required to maintain the timber sculptures for their asset life. The Shire will consult with Esperance Community Arts regarding the removal and decommissioning of the timber sculptures once they have reached the end of their useful asset life. The Shire will not be responsible for replacing the public art pieces.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

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

Environmental Considerations

Nil

Attachments

a ⇩.	Letter Esperance Community Arts Re: Donation of TradeArts Jetty Timber Sculptures
b ⇩.	Email Esperance Community Arts - Donation of TradeArts Jetty Timber Sculptures
c ⇩.	Photo - Jetty Timber Sculptures

Officer’s Recommendation

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 51

12.3 Corporate Resources

Item: 12.3.1

Lease Area Extension Request - Esperance Men in Sheds

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

File Ref: D19/2416

Applicant

Esperance Men in Sheds

Location/Address

Portion Lot 501 Effie Turner Drive Chadwick, Reserve 48015.

Executive Summary

For Council to consider extending the lease area for Esperance Men in Sheds to include an area to the North and East of their building.

Recommendation in Brief

That Council agrees to extend the lease area for Esperance Men in Sheds to include an area to the North and East of their building.

Background

The existing lease for Esperance Men in Sheds is currently over the building only and provides non-exclusive use for the gravel carpark area for vehicle parking.

The Esperance Men in Sheds group has requested an extension of their lease area to incorporate an area to the North of the building for storage of materials.

An application has also been received by the Escare group to locate a sea container on site to the East of the Men in Sheds building. Men in Sheds have provided a letter for support for this proposal and will enter into an agreement with Escare following approval of the lease area extension proposal.

Officer’s Comment

Discussion with Manager Strategic Planning and Land Projects and Manager Asset Development has ascertained that the initial proposal from the Men in Sheds group was not appropriate due to the drainage channel present on the site. An amended proposal was presented to the Men in Sheds group for a smaller area and this has since been accepted by the group. Please refer to attachment B for the accepted proposal area.

The additional area to the East does not form part of the drainage channel and will include the area requested by Escare to place their sea container. This will also allow for any extensions to the Men in Sheds building should they occur in future without the need to amend their lease area.

A provision will be included to allow the Rotary Club, who also have a building on the site, to continue to utilise the gravel area for parking purposes as this is a provision within the Rotary Club’s existing lease.

The Rotary Club of Esperance has provided notification that they support the Men in Sheds proposal.

Consultation

Manager Strategic Planning and Land Projects

Esperance Men in Sheds

Community Development Officer

Manager Asset Development

Rotary Club of Esperance

Financial Implications

Lease variation fee of $210 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

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

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurance

Environmental Considerations

The proposed lease area extension has taken into account the drainage channel present on the northern Lot and the adjusted proposal does not include this area.

Attachments

a ⇩.	Initial Proposal for Extension
b ⇩.	Amended Proposal for Extension
c ⇩.	Escare Sea Container - Men in Sheds Letter of Support
d ⇩.	Rotary Club Support for Proposal

Officer’s Recommendation

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

1. Extend the lease area for Esperance Men in Sheds lease to include portion of Lots 500 and 501 Effie Turner Drive Chadwick as shown in Attachment B;

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

3. Allow Esperance Men in Sheds to sublet a portion of their lease area to Escare for placement of their sea container; and

4. The Rotary Club being able to continue to access the gravel area on site for parking purposes.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 63

Item: 12.3.2

Lease - Grass Patch Community Development Association - Southern Mallee Bush Fire Brigade Shed

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

File Ref: D19/7226

Applicant

Grass Patch Community Development Association

Location/Address

Lot 6 Coolgardie-Esperance Highway, Grass Patch

Executive Summary

For Council to consider entering into a lease with the Grass Patch Community Development Association for the Southern Mallee Bush Fire Brigade Shed.

Recommendation in Brief

That Council agrees to enter into a lease with the Grass Patch Community Development Association for the Southern Mallee Bush Fire Brigade Shed.

Background

The Southern Mallee Bush Fire Brigade currently operates out of a shed located on land owned by the Grass Patch Community Development Association (CDA), being Lot 6 Coolgardie-Esperance Highway, Grass Patch.

It was recently discovered that there is no written agreement in place with the group for the Brigade’s use of this land.

The Grass Patch CDA was contacted in this regard and put forward a proposal to transfer Lots 5 and 6 Coolgardie-Esperance Highway to the Shire of Esperance.

Officer’s Comment

Following discussions with the Community Emergency Services Coordinator and Director External Services, it was determined that a lease agreement would be preferable to the land transfer proposal put forward by the Grass Patch CDA due to potential demolition costs for the building in future and the Shire not requiring additional land in Grass Patch at this time.

The Grass Patch CDA has advised that they are agreeable to entering into a lease with the Shire of Esperance over Lot 6 Coolgardie-Esperance Highway Grass Patch.

The preferred term advised by the Community Emergency Services Coordinator is 5 years and the lease will clearly state both parties’ responsibilities in regard to the Brigade shed, including insurance, maintenance and repair.

Consultation

Grass Patch Community Development Association

Community Emergency Services Coordinator

Director External Services

Financial Implications

Minimal rent to be $1 payable as and when demanded.

Asset Management Implications

The Shire will remain responsible for maintenance and repairs in regard to the Brigade shed.

Statutory Implications

Local Government Act 1995 – s3.58 Disposing of Property

Local Government (Functions and General) Regulations 1996 – s30(2)(e) Dispositions of property excluded from the Act

Policy Implications

COR004: Building and property leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

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

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Request for Land Transfer & Shire Response
b ⇩.	Acceptance of Lease - Grass Patch CDA

Officer’s Recommendation

That Council agrees to;

1. Enter into a lease with the Grass Patch Community Development Association for Lot 6 Coolgardie-Esperance Highway, Grass Patch;

2. The term of the lease being 5 years; and

3. Annual rent to be $1, payable as and when demanded.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 70

Item: 12.3.3

Communication Facility Licence - Esperance Communications

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

File Ref: D19/7427

Applicant

Whitesands Corporation t/as Esperance Communications

Location/Address

Lot 661 Doust Street West Beach

Executive Summary

For Council to consider entering into a licence with Whitesands Corporation for the Shire’s communication equipment on the communication tower at Doust Street West Beach.

Recommendation in Brief

That Council agrees to enter into a licence with Whitesands Corporation for the Shire’s communication equipment on the communication tower at Doust Street West Beach.

Background

The Shire of Esperance previously held a licence with Broadcast Australia for its communication equipment. In 2013 the Shire entered into a licence with Whitesands Corporation following the transfer of communication equipment to their tower due to the hut where the equipment was previously stored being demolished.

The licence with Whitesands Corporation has since expired and Whitesands Corporation was contacted to discuss the possibility of renewing the licence.

Whitesands Corporation has agreed to renew the licence with Shire of Esperance on the terms and conditions noted within the attached licence agreement.

Officer’s Comment

Following discussion with Director Corporate Resources and Manager Information Technology, it is recommended that Council agree to the licence terms proposed by Whitesands due to the following;

· The previous licence fees remained static for the full term of the licence, despite the fact the licence included a provision for annual CPI increases and land rates began being charged at the property in 2016;

· The proposed fee includes electricity costs and regular equipment checks; and

· Any minor faults or adjustments required are completed at no charge to the Shire

The Shire currently holds a number of licenses with Whitesands Corporation and their services are highly satisfactory for our requirements.

Consultation

Manager Information Technology

Director Corporate Resources

Financial Implications

Annual licence fee of $4,740.00 ex GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Policy Implications

COR004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

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

Corporate Business Plan 2017/2018 – 2020/2021

Manage Shire leases and insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Licence Proposal - Whitesands Corporation

Officer’s Recommendation

That Council agrees to;

1. Enter into a licence with Whitesands Corporation for the Communication Facility located at Lot 661 Doust Street West Beach;

2. Term of licence being 5 years with 5 year option to extend; and

3. Annual licence fee of $4,740.00 ex GST.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 85

Item: 12.3.4

Rate Exemption Application

Author/s	Tania Hourn	Senior Rates Officer
Authorisor/s	Shane Burge	Director Corporate Resources
	Beth O'Callaghan	Manager Financial Services

File Ref: D19/7766

Applicant

Baptist Union of WA Inc

Location/Address

12 Birch Street, Esperance

Lot 132 Pln 8296

Executive Summary

For Council to consider granting a rates exemption to a property under Section 6.26(2)(d) (land used or held exclusively by a religious body as a place of public worship or in relation to that worship, a place of residence of a minister of religion, a convent, nunnery or monastery, or occupied exclusively by a religious brotherhood or sisterhood) of the Local Government Act 1995.

Recommendation in Brief

That Council grant a rate exemption under Section 6.26(2)(d) of the Local Government Act 1995 to the Baptist Union of WA Inc (BUWA) for 12 Birch Street, Esperance (Assessment 26013) from 1^st July 2018.

Background

An application for rate exemption under Section 6.26(2)(d), a place of residence of a minister of religion, has been received from the Baptist Union of WA Inc, for the property at 12 Birch Street Esperance.

This property is currently the manse for Esperance Baptist Church and has been used exclusively as the place of residence for their ministers since September 2016. Esperance Baptist Union WA Inc has not received any income for the provision of full-time accommodation.

Most of the Baptist Churches affiliated with the Union are not incorporated and so cannot have their properties vested in their own name. Such properties are therefore vested in the name of the Union who holds such properties in trust for the churches in term of ‘The Declaration of Trust 1903’ (refer Appendix II of the constitution). The local church (ie Esperance Baptist Church) remains the beneficial owner of the property.

Officer’s Comment

As Section 6.26(2)(d) of the Act provides that “land used exclusively for a place of residence for a minister of religion” is deemed not rateable by a local government and The Baptist Union of WA Inc have supported their application with the following:-

1. Completed application for rates exemption;

2. Copy of Certification of Incorporation;

3. Constitution of The Baptist Union of Western Australia Inc (the Union);

4. Copy of their annual reports, along with audited financial statements for year ended 30 June 2017

And June 30 2018;

5. Completed and signed Statutory Declaration.

See attachments for BUWA Application for Exemption and Covering Letter.

It is recommended that the Baptist Union of WA Inc be granted rates exemption under Section 6.26(2)(d) from 1^st July 2018 and any land rates that were paid during that time be refunded.

Consultation

Baptist Union of WA Inc

Local Government Act 1995

Financial Implications

The financial implications arising from this report, provided rate exemption is approved, will be the following:-

2018/19 Rates GRV $,1288.62

2018/19 Rates Waste Rate $ 80.00

Statutory Implications

Section 6.26(2)(d) of the Local Government Act 1995

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

Action 4.5.19 Manage Shire Rates

Attachments

a ⇩.	Application for Exemption
b ⇩.	Covering Letter

Officer’s Recommendation

That Council grant a rate exemption under Section 6.26(2)(d) of the Local Government Act 1995 to the Baptist Union of WA Inc for 12 Birch Street, Esperance (Assessment 26013) from 1^st July 2018.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 147

12.4 Executive Services

Item: 12.4.1

Information Bulletin - March 2019

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

File Ref: D19/7613

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 - March 2019
b ⇩.	Register - Delegations Discharge - Corporate Resources
c ⇨.	Corporate Performance Report - Quarterly - January-March 2019 - Under Separate Cover
d ⇩.	Oustanding Resolutions - Quarterly Report January to March 2019
e ⇨.	GVROC Minutes - Under Separate Cover
f ⇩.	Appreciation Letter - Esperance Biosecurity Association
g ⇩.	Appreciation Letter - Esperance Senior High School

Officer’s Recommendation

That Council accepts the Information Bulletin for March 2019 and;

1. Register - Delegations Discharge - Corporate Resources

2. Corporate Performance Report - Quarterly - January-March 2019

3. Outstanding Resolutions - Quarterly Report November to February 2019

4. GVROC Minutes - 1 February 2019

5. Appreciation Letter - Esperance Biosecurity Association

6. Appreciation Letter - Esperance Senior High School

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 April 2019 Page 191

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

17. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

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

Item: 17.1

Lease Assignment - Donna Hutcheson to Tammy Maloney - Old Station Master's Ticket Box

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: 17.2

Expression of Interest - Old School Master's Residence - Museum Village

Confidential Item

Item: 17.3

Expression of Interest - Old Chemist Shop Museum Village

Confidential Item

Item: 17.4

0191-19 Waste Collection Services

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: 17.5

Request for Short Term Lease Renewal - 4 Hicks Street - Esperance Crisis Accommodation Service

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).

Item: 17.6

0201-19 Street Sweeping Services

Confidential Item

Item: 17.7

CEO Review

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and the personal affairs of any person (Section 5.23(2)(b)).

Item: 17.8

Possible Revocation of Management Orders

Confidential Item

18. PUBLIC QUESTION TIME

19. CLOSURE

For Water Corporation
By:
Name:
Title:
Date:

For Department of Water
By:
Name:
Title:
Date:

For <Council >
By:
Name:
Title:
Date:

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)

Memorandum of Understanding This document represents an agreement between Water Corporation, the Department of Water and <Council>

Memorandum of

Understanding

This document represents an agreement between Water Corporation, the Department of Water and <Council>