Agenda of Ordinary Council

Ordinary Council: Agenda

23 June 2020 Page 8

Declaration of Interests

Notes for Your Guidance

Impact of a Financial Interest (s. 5.65. & s. 67. Local Government Act 1995)

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 Officer 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:

a. Preside at the part of the Meeting relating to the matter or;

b. Participate in, or be present during, any discussion or decision making procedure relative to the matter, unless and 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.

Interests Affecting Financial Interest

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, pursuant to s. 5.60A or 5.61 of the Local Government Act 1995, 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 etc, 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 needs to be considered.

4. If in doubt declare.

5. As stated 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. Under s. 5.65 of the Local Government Act 1995 failure to notify carries a penalty of $10 000 or imprisonment for 2 years.

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 1995; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act 1955, with or without conditions.

Interests Affecting Proximity (s. 5.60b Local Government Act 1995)

1. For the purposes of this subdivision, a person has a proximity interest, pursuant to s.5.60B of the Local Government Act 1995, in a matter if the matter concerns;

a proposed change to a planning scheme affecting land that adjoins the person’s land; or
a proposed change to the zoning or use of land that adjoins the person’s land; or
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;

The proposal land, not being a thoroughfare, has a common boundary with the person’s land; or
The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
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, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, 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 disClosure

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 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.

TABLE OF CONTENTS

1. OFFICIAL OPENING 11

2. ATTENDANCE 11

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE 11

4. APPLICATIONS FOR LEAVE OF ABSENCE 11

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION 11

6. DECLARATION OF MEMBERS INTERESTS 12

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a 12

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b 12

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c 12

7. PUBLIC QUESTION TIME 12

8. PUBLIC ADDRESSES / DEPUTATIONS 12

9. Petitions 12

10. CONFIRMATION OF MINUTES 12

11. DELEGATES’ REPORTS WITHOUT DISCUSSION 12

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL 13

12.1 External Services 13

12.1.1 Policy Review External Services 13

12.1.2 Shark Hazard Response Policy 17

12.2 Asset Management 26

12.2.1 Jetty Plank Donation 26

12.2.2 Current Indoor Sports Stadium 32

12.2.3 Urban Node Trail Extension 76

12.3 Corporate Resources 79

12.3.1 Adoption of Regional Price Preference Policy 79

12.3.2 Committee Appointments - Community Representatives 84

12.3.3 Financial Services Report - May 2020 87

12.4 Executive Services 131

12.4.1 2020/21 Community Grants Program - Budget Allocation 131

12.4.2 Live Streaming Council Meetings 140

12.4.3 Information Bulletin - May 2020 144

12.4.4 Cities Power Partnership - Proposed Pledges 153

12.4.5 Jetty Timber Investigation Report 157

13. Reports Of Committees 162

13.1 Minutes of Committees 162

14. Motions of which Notice has been Given 169

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE 169

16. URGENT BUSINESS APPROVED BY DECISION 169

17. MATTERS BEHIND CLOSED DOORS 170

17.1 Lease Renewal - Telstra Communication Tower Helms Drive 170

17.2 Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance 170

17.3 0285-20 Supply & Placement of Hotmix Asphalt 170

17.4 0284-20 Supply, Installation & Repair Tyres 170

17.5 Unauthorised Disposal of Land Clearing Waste 170

17.6 Compliance - 47 The Esplanade, Esperance 171

18. PUBLIC QUESTION TIME 171

19. CLOSURE 171

Ordinary Council: Agenda

23 June 2020 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 23 June 2020

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr I Mickel President Rural Ward

Cr B Parker Deputy President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr S Payne Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham 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

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 26 May 2020, and the Special Council Meeting of the 5 June 2020 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Councillor Attendance

	Agenda Briefing Sessions (8)	Ordinary Council Meetings (8)	Special Council Meetings (3)	Annual Electors Meeting (1)
Shire President Cr Ian Mickel	8	8	3	1
Deputy President Cr Basil Parker	8	8	3	1
Cr Jo O’Donnell	8	8	3	1
Cr Steve McMullen	8	8	3	1
Cr Shelley Payne	8	8	3	1
Cr Jennifer Obourne	7	8	3	1
Cr Ron Chambers	7	8	3	1
Cr Dale Piercey	7	8	3	1
Cr Wes Graham	8	8	3	1

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Policy Review External Services

Author/s	Richard Hindley	Acting Director External Services
	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Terry Sargent	Director External Services
	Shane Burge	Director Corporate Resources

File Ref: D20/13022

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the section of the Policy Manual that relates to External Services.

Recommendation in Brief

That Council endorse the External Services policies inclusive of amendments, inclusions and deletions as reviewed.

Background

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

Officer’s Comment

This year the policy template has been modified to conform to a change in Shire branding which will ensure that all corporate documents remain consistent.

Further to the format change, it was discovered that some adoption dates listed within our current policies are incorrect and these have been rectified during this year’s review.

The following is a summary of recommended changes to the existing External Services policies, other than those listed above. Please refer to Attachment A for full details.

Policy Name	Ref No.	Recommended Amendment
Living on Board Vessels	EXT 001	Remove ‘Council’ and replace with ‘Shire’.
Refuse and Recycling Collection Services	EXT 002	No change to wording. Policy mandates that All properties able to be serviced by the waste and recycling collection service are required in accordance with the provisions of the Waste Avoidance and Resource Recovery Act 2007 to have a refuse and recycling bin and will be charged accordingly.
2,4-D High Volatile Ester Use	EXT 003	Rescind policy: no longer necessary as information is available on the product label in accordance with the Australian Pesticides and Veterinary Medicines Authorities advice.
Applications Lodged by Staff or Elected Members	EXT 004	Amend policy title. Change to wording in line with current terminology. Clarified wording and removed details regarding exemptions that are provided for by Local Planning Scheme No. 24.
Refusal of Planning Applications	EXT 005	Include information regarding applications prohibited by Scheme Provision. Amend information regarding timeframes and change ‘Planning’ applications to ‘Development’ applications.
Non Refundable Development Services Application Fees	EXT 006	Change to wording regarding BRB and BCITF levies and how they are refunded when an application is withdrawn and specify calendar days.
Retaining Walls	EXT 007	Remove wording regarding use of timber not being permitted - If retaining walls were constructed from timber with a High Hazard Level (H5 or H6) these would be suitable for retaining walls in accordance with AS 1684.2-2010 Residential timber-framed construction Non-cyclonic areas. Any Hazard Level lower than H5 would not be acceptable for a retaining wall. Amend wording for walls exceeding 500mm and include tiered retaining wall paragraph.
Kerb & Footpath Bonds	EXT 008	Rescind policy: there is no way of knowing who caused damage to a kerb or footpath even if it is a building site.
Geotechnical Testing Requirements for Structures	EXT 009	Amendments to wording, removal of superfluous paragraphs which are duplications of other requirements in the policy.
Method for Determining Climate Zone for Properties Located Outside Esperance Townsite	EXT 010	Minor wording amendment in ‘Objective’ section to include National Construction Code (NCC), remove and replace first paragraph in ‘Policy’ section to reflect the change in regulation between the Building Code of Australia and the NCC.
Wind Load Rating	EXT 011	Include provision for calculation to be provided by qualified person in accordance with AS 4055 – Wind load for housing, the applicable Australian Standard for wind loadings in the policy context.
Outdoor Eating Facilities in Public Places	EXT 013	Remove ‘outdoor eating facility’ and replace with ‘alfresco dining area’, minor wording changes, formatting changes to numbering throughout, Amended wording to allow alfresco development adjacent to a building. Addition of dogs and smoking paragraphs to section 4, addition of sections 5-7 relating to the Application and Administration Procedure, Cancellation Procedure and Fees.
Dividing Fences	EXT 016	Amend wording to make clear, remove reference to Council residential lots as these are regulated by the Dividing Fences Act 1961.
Borrowing of Museum Exhibits	EXT 017	No change to wording
Civic Centre Hire Fees Not to be Waived	EXT 019 Now EXE 024	Policy moved to Executive Services area reflecting the reporting line under the organisational structure.
Arts Collection Policy	EXT 020	Removal of reference to the defunct Shire of Esperance Art Advisory Committee and removed reference to rescinded policy.
Museum Village Markets	EXT 021	Minor wording changes, formatting to number Objective section
Fire Management – Roadside Burning	EXT 022	Minor wording changes, replace ‘Council’ with ‘the Shire’
Sanitation and Recycling	EXT 023	Rescind policy – this policy is no longer relevant and is not reflective of current processes.
Bushfire Management	EXT 024	Amendment to exemption/variation paragraph, update department name to Department of Biodiversity, Conservation and Attractions (DBCA), remove Facebook and replace with social media and removal of a form from policy.
Esperance Seafront Caravan Park Pricing	EXT 025	Rescind policy – no longer required as Caravan Park is now being leased.
Sporting Association Ground Fees	EXT 026 Now EXE 025	Policy moved to Executive Services area reflecting the reporting line under the organisational structure.
Museum Collection	EXT 027	Minor change reflecting that the Code of Ethics of Museums Australia is currently under review.
Street Entertainers and Busking	EXT 028	Minor wording changes, formatting numbers to objective section, amend ‘Events Management Department’ to ‘External Services’.

The following policies are not included in this review as their review is not yet complete. It is intended that these policies will be presented at a later Council Meeting for review.

· EXT015 – Recreational Activities of Council Foreshore

· EXT029 – Advertising Signage in a Thoroughfare of Public Place

· EXT030 – Trading in Public Places

Consultation

External Services

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s2.7(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 2019/20 – 2022/23

Manage Corporate Support

Environmental Considerations

Nil

Attachments

a ⇨.

External Services Policies - Under Separate Cover

Officer’s Recommendation

That Council endorse the External Services policies inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 15

Item: 12.1.2

Shark Hazard Response Policy

Author/s	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Terry Sargent	Director External Services

File Ref: D20/15271

Applicant

Internal

Location/Address

N/A

Executive Summary

In December 2019 Council resolved to adopt a policy that sets out the Shire’s approach to responding to shark attacks and shark sightings. As procedures have been developed and Esperance received additional warning devices the development of the policy has been an evolving process to respond to such changes.

This policy will direct the Shire’s response to shark sightings and attacks, response activities and communications to the community related to shark threats, jurisdiction and role clarification of agencies involved in response to shark incidents.

Recommendation in Brief

That Council resolve to adopt the EXT 031 - Shark Hazard Response Policy

Background

There is no state government Hazard Management Agency responsible for the overall management of shark hazard. In the event of a shark attack occurring the WA Police take control of the incident.

Currently there is no definitive local government approach to shark response. However it was agreed by a state, local and industry Think Tank held in 2014, that the Surf Lifesaving WA assessment criteria was deemed to be best practice.

In light of this industry feedback the SLSWA criteria and approach has been incorporated into the Shire’s response to shark incidents. Adopting this approach it is considered that the Shire is doing what is reasonable and practicable from a jurisdiction, and resource capacity perspective in relation to shark incidents.

Officer’s Comment

The increase in shark attacks and shark sightings along the West Australian coast over recent years has heightened community concern about shark hazard. A statewide process for reporting shark sightings has been established with all shark sightings to be reported to the Water Police, however the responsibility for on-ground response to these sightings has been informally developed to the land manager nearest to the location where each shark is sighted. In the Esperance area, some coastal reserves are vested in the Shire of Esperance, but most are not.

In the event of a fatal shark attack, WA Police are the lead agency. The Shire will provide assistance with the management of the shark attack and implement beach safety measures as considered necessary by the Police and other agencies.

The Shire receives reports of shark sightings via the WA Police, DPIRD Officers, from the Shark Monitoring Network VR4 receivers located at Kelp Beds, West and Twilight Beaches that detect tagged sharks, and WA Water Police.

Since the inception of the Department of Primary Industry and Regional Development (DPIRD) SharkSmart notification system, there have been a number of advancements. These advancements have included the deployment in Esperance of four VR4 receivers which monitor tagged sharks at Kelp Beds, West and Twilight Beaches, breaking up of the state into regional areas for shark notifications. In early 2020 shark warning towers provided by DPIRD were installed at locations adjacent to the VR4 receivers, that is Kelp Beds, West Beach and Twilight Beach.

The figure below indicates the number of shark notifications being reported through to the Shire between January 2014 – September 2019.

Year	Detected	Sighted	tagged & released	Grand Total
2014 Total		9		9
2015 Total		16		16
2016 Total		16		16
2017 Total	77	35	12	124
2018 Total	505	25	4	534
*2019 Total only upto August 2019**	97	23		120
Grand Total	679	124	16	819

Notifications from the Shark Monitoring Network generally provide some details about the location of the shark, species and time of detection which assist for making decisions about water users safety including the placement of signage and informing swimmers and beach users that a shark has been detected in the vicinity. Notifications from the Shark Monitoring Network are considered to be verified and this information used to inform the Shire response activities.

Shark sightings reported by members of the community via the WA Water Police are considered to be less accurate and are reliant on the ability of the person submitting the report to provide accurate information. Shark sighting reports from the general community may lack essential and detailed information in particular shark species, direction of travel, an approximation as to the shark size and location. Whilst notifications from the WA Water Police are considered to be unverified, the information is assessed and used to inform the Shire response activities.

Experience suggests that in the case of the public reports there can be a slight delay between the actual sighting of the shark, it being reported through to WA Water Police, notification and then ensuing response by the Shire. It is understood that sharks are highly transient and known to travel at a speed of 2-4 kilometres per hour, so there is potential for the shark to be a distance away from its original sighting or reported location. This information is used to inform the Shire response activities but is not a guarantee that the shark will act as expected.

The Shire has a coastline which extends for over 500km along the southern Ocean and comprises of a variety of landforms and features such as beaches, rocky headlands, small bays and steep cliffs. A majority of the Shire’s coastline is contained within reserves managed by the Department of Biodiversity Conservation and Attractions, with some areas managed or in the care of the Shire. It should also be stated that there are other areas which come under the management of the Department of Planning Lands Heritage as these areas are unmanaged or unallocated.

The level of response to a shark sighting is governed by resource availability, location of shark sighting and size. Where a shark sighting is at an unpatrolled beach between Kelp Beds and 11 Mile Beach, is more than 2 metres in size and is within 500 metres of shore, the Shire’s response will be limited to the placement of signage and beach patrols. Signs will remain in place for 24 hours after the last notification of shark activity. Where there are now Shark warning towers these will be activated by Shire authorized officers and remain in operation for one hour after the last notification.

Where a shark is sighted at a beach patrolled by SLSWA, the on-duty life saver will implement the SLSWA shark sighting response procedure to alert swimmers of shark activity, by audible beach alarms, clearing the water of swimmers and by monitoring the shark presence. In addition, Shire authorized officers will activate the Shark Warning Tower at Twilight Beach which will remain in operation for one hour. The Beach will be reopened one hour after the last reported shark sighting. The Shire’s Draft Shark Hazard Policy recognizes the role of SLSWA as the appropriate agency for making decisions to protect beach users at SLSWA patrolled beach.

The draft policy promotes the use of the WA Government’s SharkSmart website/app, noting it provides up to date information to the community on shark activity, staying safe, research, species and news and alerts.

It is considered that the following options are available to the Council in relation to this policy:

· Resolve not to have a policy on these matters

· Defer the matter for further discussions and considerations

· Resolve to make specific changes to the policy; and or

· Undertake further consultation prior to the adoption of the policy

Shark Warning Towers

Prior to the installation of the Shark Warning Towers, the Shire’s Rangers were alerted to the presence of a shark via text and/or email. Rangers would then attend the beach as quickly as possible to let beach goers know of the recent shark activity. Depending on operational requirements at the time, time of sighting, and location of the shark sighting, response times could range from 15 minutes to 45-60 minutes.

Shark Warning Towers have significantly improved response time to inform beach users at these locations of recent shark activity. The towers audio and visual alarm system can be instantly activated remotely via a cloud based computer system either from a computer or smart phone. Each tower has been sighted strategically to maximize the towers effect for beach users, whilst in the case of the West Beach tower not to cause nuisance (noise) for residents in closer proximity.

The Shark Warning Towers do have camera’s inbuilt to them which can be used by officers to assess the number of beach goers at the location. The cameras are fixed and offer a limited view of the beach. Officers attending the location of the shark sighting to place signage and ensure beach goers are aware of the recent shark activity.

Consultation

Staff from the Shire’s of Augusta Margaret River, City of Busselton, DPIRD and Department of Planning Lands Heritage, Police, Esperance Surf Lifesaving Club have been consulted in the development of the management practices and general information on shark response.

The Department of Biodiversity Conservation and Attractions and Esperance Tjaltjraak Native Title Aboriginal Corporation were consulted in the sighting and construction of the Kelp Beds Shark Warning Tower.

Financial Implications

The Shire’s Authorised officers respond to shark sightings after hours and so there has been a cost in providing this service. The breakdown of notifications that have been received by the Shire is as follows.

Shark Data Time	Work Hours
Year	Normal Work hours	Outside Work hours	Grand Total
2014 Total	8	1	9
2015 Total	10	6	16
2016 Total	7	9	16
2017 Total	40	84	124
2018 Total	269	265	534
2019 Total (up until August 2019)	28	83	111
Grand Total	362	448	810

DPIRD have paid the annual subscription fee for the three Shark Warning Towers up until January 2021. This fee of $2800.00 will be transferred then to the Shire. As the towers have only recently been installed, there has been no maintenance required, maintenance associated with the towers it is not envisaged to be more than $1000.00 per annum.

Asset Management Implications

N/A

Statutory Implications

There is no state legislation mandating the Shire’s response to a shark hazard.

Clause 5.4 under the Shire’s Property Local Law 2009, indicates that an authorized officer may perform certain functions in relation to beaches and include the function of erection of a sign and the regulating, prohibiting or restricting specified activities on the whole of any part of the beach. The authorized officer may also direct a person to leave the water adjacent to a beach during dangerous conditions or if a shark is suspected of being in the vicinity of a beach.

Policy Implications

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

Policy - EXT 031 - Shark Hazard Response

Officer’s Recommendation

That Council adopt the EXT 031 - Shark Hazard Response Policy

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 24

12.2 Asset Management

Item: 12.2.1

Jetty Plank Donation

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

File Ref: D20/14273

Applicant

Kerrie Leeming

Location/Address

N/A

Executive Summary

For Council to consider the request from Kerrie Leeming for a piece of Jetty timber on behalf of her late farther Barrie Stearne.

Recommendation in Brief

That Council

1. Provide to Kerrie Leeming on behalf of her late father Barrie Stearne, as Chairman Tanker Jetty Association who instigated the “Purchase a Tanker Jetty Plank” fund raising campaign, a grade 1 piece of timber from the stockpile of timber recovered from the Esperance Tanker Jetty; and

2. Reaffirm Councils position that documented evidence of purchase is required to provide a grade 1 piece of timber from the stockpile of timber recovered from the Esperance Tanker Jetty.

Background

At the April Ordinary Council Meeting, Council resolved the following motion in relation to the previously purchased jetty planks as part of a fund raising campaign for the Tanker Jetty in 1989.

O0420-119

Council Resolution

That Council provide to all persons who purchased a jetty plank in 1989, upon receipt of documented evidence of purchase, a grade 1 piece of timber from the stockpile of timber recovered from the Esperance Tanker Jetty.

Officer’s Comment

We have received a request from Kerrie Leeming who is the daughter of the late Barrie Stearne, see attached, requesting a piece of Jetty timber in line with the Council resolution. Kerrie has been unable to find the certificate that is required for Shire staff to provide a piece of Jetty timber as per the conditions of the Council resolution.

Given the involvement Barrie Stearne had in the purchase of a jetty planks fund raising campaign for the Tanker Jetty as the Tanker Jetty Association Chairman, it would be appropriate to provide a grade 1 piece of Jetty timber as per the previous resolution of Council. Shire staff are unable to do this without a resolution of Council.

We have also received other request and enquires from people with undocumented evidence for a grade 1 pieces of jetty timber through this program, see such requests. We currently only have 280 grade 1 jetty deck planks recovered from the Tanker Jetty deconstruction. The Shire will not have enough grade one Jetty deck planks to donate if we open the program up further without either extenuating circumstances such as the Barrie Sterne’s family or document evidence. It is therefore recommend that Council reaffirm their previous position.

Consultation

N/A

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

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 2019/20 – 2022/23

B5.6 Manage Tanker Jetty

Environmental Considerations

Nil

Attachments

a ⇩.	Request for Tanker Jetty Timber - Kerrie Leeming
b ⇩.	Request for Tanker Jetty Timber - David Fraser

Officer’s Recommendation

That Council

1. Provide to Kerrie Leeming on behalf of her late father Barrie Stearne, as Chairman Tanker Jetty Association who instigated the “Purchase a Tanker Jetty Plank” fund raising campaign, a grade 1 piece of timber from the stockpile of timber recovered from the Esperance Tanker Jetty; and

2. Reaffirm Councils position that documented evidence of purchase is required to provide a grade 1 piece of timber from the stockpile of timber recovered from the Esperance Tanker Jetty.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 30

Item: 12.2.2

Current Indoor Sports Stadium

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

File Ref: D20/15188

Applicant

Internal

Location/Address

Esperance Greater Sports Ground

Executive Summary

For Council to consider the future of the current Indoor Sports Stadium and possible works.

Recommendation in Brief

That Council

1. Commit to the current Indoor Sports Stadium works:

a. Remediation works to install new portal frames spaced between the existing portal frames;

b. New multipurpose vinyl sports floor for courts 1 and 2; and

c. Upgrade of court 3, including repairs, for a multipurpose artificial turf and netting.

2. Include $1,500,000 in the 2020 / 21 budget, made up by the contribution from the Esperance Indoor Sports Stadium Management Committee and the Local Roads and Community Infrastructure Program; and

3. The sale of the court three flooring is returned to the project budget.

Background

During the detailed design development for the original Esperance Indoor Sports Stadium upgrade project it was discovered that the structure of the existing main stadium (courts 1 and 2) was structurally deficient compared to today’s engineering requirements. Reports from Duncan J Jack Consulting Engineer are included in attachment A and B. This resulted in the project being changed to a new purpose built structure and the current stadium being closed in high winds.

The new stadium in nearing completion and a resolution for the current stadium structural deficiencies is required as doing nothing in the medium to long term will expose the Shire to substantial risk. As part of the discussion with the key stakeholders (user groups) around the project a number of option were looked at:

· Status Quo: This is should not be a medium or long term option given the structural deficiencies and that all three courts do not meet competition standards.

· Undertake the remedial work: This would involve undertaking the proposed remedial works identified in the structural engineers report. This would provide a stadium that would just meet engineering requirements, but is not ideal. All courts would still not be up to competition standard. Estimated cost $800,000 to $1,000,000.

· Demolish the old stadium: If the old stadium is demolished new outdoor courts could be created, this would reduce our building asset management. This could only happen if the new stadium had four courts. Estimated cost $200,000 to $300,000 for demolition only.

· Reconfigure the existing stadium (option 1): this would involve turning the two timber courts into one and rotating them, and then columns could be installed outside the court run off areas, this would resolve the structural issues with the stadium. This could then be turned into a show court. The third court could be used for activates like indoor tennis or hockey. This would provide four or five competition standard courts depending on the new stadium. Estimated cost $1.6 Million.

From the discussion with the Key Stakeholders three more engineering options were investigated to retain the two courts:

Option 2: Augment existing rafters with a deep truss

Option 3: Install a ridge truss and single central column

Option 4: Install new portal frames spaced between the existing portal frames

The three additional option were all feasible and came out a similar price range from $1.5 -$1.6 million, and are included in attachments C, D, E and F. Out of the available options, option 4 offers the best outcome in terms of cost and maximizing available playing space.

The Esperance Indoor Sports Stadium Management Committee (ISSMC) have committed all there funds towards this project, which is approximately $400,000, see attachment G. The shire could also allocate funding through the recently announced Federal Governments Local Roads and Community Infrastructure Program, which the Shire has received a $1.86 million commitment that is required to be spent within 12 months.

Officer’s Comment

Given the extensive stakeholder consultation the two option that Council should consider are:

· Status Quo: Considered a two year period of leaving the stadium as is to consider demand. This is should not be a medium or long term option given the structural deficiencies and that all three courts do not meet competition standards; or

· Undertake the structural works: This would involve undertaking the proposed structural works identified in the Bluemar report. Netball would still not have adequate run off. Estimated cost $1,500,000.

Given the funding availability that we have access to, which is for a limited time, it would be recommend to undertake the project now so that the project budget does not come from rates and start the project as soon as possible. It is also recommend that the flooring be changed to a multipurpose sports vinyl to maximise the versatility of the space and not replicate the new Indoor Sports Stadium that is almost complete.

It is also proposed to undertake works to the third court at the same time to:

· Undertake the repair works identified in the Duncan J Jack Consulting Engineer Report; and

· Convert the space to a multipurpose artificial turf and netting for indoor tennis, indoor cricket training, indoor soccer or indoor hockey to maximise the versatility of the stadium.

Consultation

Consultation has been undertaken with the User groups as the key stakeholders, with the consensus being to implement option 4, have a multipurpose vinyl sports floor and undertake the upgrade to courts 3 as proposed.

Financial Implications

The financial implications arising from this report is a $1,500,000 project that will be funded by the ISSMC contribution and using part of the Local Roads and Community Infrastructure Program allocation. It is proposed to commit to the project now, so that we can start the project as soon as possible.

Asset Management Implications

The asset management implication are detailed in the table below:

	Capital	Annual	Comments
Capital	$1,500,000
Interest (economic cost)		0	4% pa $0 since it is 100% grant funded
Depreciation (ongoing costs)		$30,000	Over 50 years
Maintenance (ongoing cost)		$60,000	For the whole Stadium
Operating (ongoing cost)		$50,000	For the whole Stadium
		$140,000	Per year

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

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

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

Corporate Business Plan 2019/20 – 2022/23

B1.6 Construction of New Indoor Sports Stadium Redevelopment

Environmental Considerations

Nil

Attachments

a ⇩.	Duncan Jack Report - Structural Overview of Esperance Basketball Stadium
b ⇩.	Duncan Jack Report - Structural Strengthening of Esperance Basketball Stadium
c ⇩.	Bluemar Report - Indoor Sports Stadium Structural Review and Budget Estimatation
d ⇩.	Bluemar Letter - Further Sports Stadium Engineering Options and Budget Estimates
e ⇩.	Bluemar Drawing - Modifications to Old Esperance Sports Stadium
f ⇩.	Bluemar - Sport Stadium Budget Estimates
g ⇩.	EISSMC Letter - Funds

Officer’s Recommendation

That Council

1. Commit to the current Indoor Sports Stadium works:

a. Remediation works to Install new portal frames spaced between the existing portal frames;

b. New multipurpose vinyl sports floor for courts 1 and 2; and

c. Upgrade of court 3, including repairs, for a multipurpose artificial turf and netting.

2. Include $1,500,000 in the 2020 / 21 budget, made up by the contribution from the Esperance Indoor Sports Stadium Management Committee of $400,000 and the Local Roads and Community Infrastructure Program of $1,100,000; and

3. The sale of the court three flooring is returned to the project budget.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 June 2020 Page 74

Item: 12.2.3

Urban Node Trail Extension

Author/s	Jeanette Appleby	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D20/15205

Applicant

Internal

Location/Address

Within the Esperance Central Business District (CBD)

Executive Summary

For Council to consider local business’s participation in the Urban Node Trail (UNT) for a further twelve- months.

Recommendation in Brief

That Council Approve the 12-month extension of the UNT at the locations specified in this report.

Background

Council resolved in October to undertake an UNT following the acceptance of the Esperance CBD Landscaping Concept Design and upgrading of the Esperance CBD.

The Urban Nodes are designed to create opportunities for Alfresco dining areas or public open space in front of Restaurants, Cafes and businesses through modifying the parking layout.

The UNT commenced in December 2019 for a period of six months and was due to end on 30 June 2020. Due to COVID-19 however the Trail was has not been able to be completed as these no-essential businesses were forced to close to prevent the spread of the Corona Virus.

Officer’s Comment

Due to COVID–19 the UNT has not been accurately trailed or assessed by the businesses involved and public. The businesses involved in the trail have been recently contacted and provided feedback for the short period of time the UNT was in place. All indicated the Nodes increased their passing trade and have expressed support for the UNT to continue for a further twelve months to fully assess the UNT.

The businesses previously approved for the UNT were:

· Anywhere

· Breakaway Café

· Downtown Cafe

· The French Hot Bread Shop

· Loose Goose and

· Watt Lab

Anywhere Café has since closed down permanently however Riccardo’s Pizza located next to Anywhere Café have expressed an interest in continuing with the Node as their customers are currently using the area.

The Loose Goose have been unable to participate in the trial to date, as they are awaiting approval of their liquor license to be expanded to include the Urban Node located outside their business, however they have indicated they would support the Trail for a further twelve-month period.

Consultation

Previous consultation included Bronwyn McLeod from the Esperance Chamber of Commerce and Industry, Serena Shaddick Manager Marketing and Communications and Trevor Ayers Manager Economic and Community Development initially visited each of the businesses in the CBD to explain the project at its initiation.

Financial Implications

The cost of construction of the Urban Node areas was included in the CDB Landscaping improvements budget. There will be no further costs involved for the extension of the trail.

Asset Management Implications

Nil

Statutory Implications

Activities in Thorough fares and Public Places and Trading Law.

Policy Implications

EXT013 – Outdoor Eating Facilities in Public Places

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth & Prosperity

Esperance is a vibrant and welcoming tourism town

Promote awareness in Esperance on the value of tourism

Corporate Business Plan 2019/20 – 2022/23

B2.3 Implementation of CBD Streetscaping

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council approve the extension of the Urban Node Trail for a further twelve months to the 30 June 2021 due to COVID-19 and advise businesses involved of the extended time period for the trial.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 77

12.3 Corporate Resources

Item: 12.3.1

Adoption of Regional Price Preference Policy

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

File Ref: D20/13831

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider adopting the Regional Price Preference Policy.

Recommendation in Brief

That Council adopt the Regional Price Preference Policy.

Background

In January 2020, a report was put to Council for review of the Shire’s Corporate Resources policies.

During the review of these policies, it was determined that there had been interest raised in the community with regard to the purchase of goods and services from local businesses as opposed to non-local businesses.

As a result of this interest, Council resolved to request that the CEO develop a Regional Price Preference Policy.

In April 2020, Council resolved to endorse the draft Regional Price Preference Policy and request for the CEO to arrange for required advertising.

Officer’s Comment

The advertising period has now ended with no submissions being received.

r.24F(3) of the Local Government (Functions and General) Regulations 1996 states that an adopted policy cannot be applied until the local government gives Statewide notice that it has adopted that policy.

r.24F(4) requires the local government to ensure that a copy of the adopted regional price preference policy is;

a) included with any specifications for tenders to which the policy applies; and

b) made available in accordance with r.29 of the Local Government (Administration) Regulations 1996.

The procurement policy will need to be updated to reference the Regional Price Preference Policy.

Consultation

Nil

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government (Functions and General) Regulations 1996 – Part 4A Regional Price Preference

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 2019/20 – 2022/23

Manage Corporate Resources Directorate

Environmental Considerations

Nil

Attachments

a ⇩.

Draft Regional Price Preference Policy

Officer’s Recommendation

That Council:

1. Adopts the Regional Price Preference Policy; and

2. Request the CEO to arrange for required advertising.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 82

Item: 12.3.2

Committee Appointments - Community Representatives

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D20/13850

Applicant

Miss Hannah Blampied

Location/Address

N/A

Executive Summary

For Council to consider appointing Community Representatives to fill vacancies on Council Committees.

Recommendation in Brief

That Council appoint a Community Representative to the Youth Advisory Committee.

Background

Under the Local Government Act s.5.11 Committee Membership expires on the Ordinary Election Day of Council which occurs biennially. Following the Ordinary Elections in October 2019 all positions on Council Committees were vacant. At the Ordinary Council Meeting held on 16 November 2019, Council appointed Elected Members to Committees and resolved to advertise for expressions of interest to fill the Community positions on all Council Committees.

Community members that served on Council Committees during 2019 were contacted and thanked for their contribution to the Committees. A nomination form was included with information about re-nominating. Initially a nomination period was open for the Community positions between Thursday, 5 December 2019 and Wednesday, 8 January 2020, with ten (10) nominations received and 35 Community positions available. Following the appointment of these Community representatives it was decided to undertake a second nomination period. This nomination period opened on Friday, 7 February 2020 and closed on Wednesday, 4 March 2020.

Advertising included a notice in the Esperance Express, on noticeboards, a news story on the Shire website and posts on the Shire’s Social Media accounts.

Officer’s Comment

Very few nominations for Community Representatives to Council Committees are being received due to preoccupation with COVID-19 issues and low awareness of the positions on offer.

It is recommended that Council appoint Miss Hannah Blampied’s nomination as a Community Representative to the Youth Advisory Committee.

The table below outlines the available community positions following the recommended appointments.

Committee	Vacancies
Esperance Twin Towns Committee	1 Community Representative
Scaddan Restoration Reference Group	2 Community Representatives
Esperance Visitor Centre Management Committee	1 Community Representative and 1 Deputy Community Representative
New Landfill Community Reference Group	4 Community Representative
Reconciliation Action Plan Working Group	To be determined - 2 places filled
Youth Advisory Council	11 Community Representatives

There are a number of Community Representative positions still available, however it is not recommended to undertake further advertising. Instead we can receive applications from interested Community members and present them to Council on an adhoc basis.

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Shire of Esperance Terms of Reference

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Corporate Business Plan 2019/20 – 2022/23

Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Youth Advisory Committee

Officer’s Recommendation

That Council agrees to;

1. Appoint Miss Hannah Blampied as Community Representative to the Youth Advisory Committee.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

23 June 2020 Page 129

12.4 Executive Services

Item: 12.4.1

2020/21 Community Grants Program - Budget Allocation

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D20/13772

Applicant

Internal Application

Location/Address

N/A

Executive Summary

For Council to consider the applications received under the Community Grants Program and determine allocations in the 2020/21 budget.

Recommendation in Brief

That Council includes funds into the 2020/21 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program.

Background

The Community Grants Program is the Shire’s principal community investment program. Through this program Council contributes to community wellbeing by:

· Supporting and stimulating diverse and dynamic projects, programs and activities;·

· Encouraging collaboration through engagement and participation in the community;·

· Facilitating stronger, more sustainable and resilient communities; and·

· Supporting the maintenance and upgrade of community facilities.

The guidelines and application forms for the Community Grants Program are available on the Shire’s website. The guidelines state that “The grants program is designed to provide limited financial assistance and is not intended to be relied upon as a primary or recurrent source of funding”, and “All funding requests must not exceed 50% of the total project cost (with the exception of the Support category).”

Among other requirements, part of the guiding assessment criteria states that applicants need to demonstrate the community need for the project, benefit to the community, alignment to the Shire of Esperance Strategic Community Plan, organisational ability to effectively manage the project and capacity to make a financial and in-kind contribution towards the project.

A total of 18 applications, requesting $242,585.91 were received under the 3 annual grant categories of the Community Grants Program:

Assistance category (5 applications)
Development category (8 applications)
Events category (5 applications)

The fourth category of ‘Support’ is not applied for within this process, instead it is in place to enable small ad-hoc contributions to be made throughout the year.

The value of funding approved under this program in recent years is provided in the following table.

	Category	Number of Approved Applications	Value of Approved Applications
2019/2020	Support (Max. 1,000)	25*	17,790*
	Assistance (Under $5k)	7	24,411
	Development*	6	177,300
	Events	5	13,097
	TOTAL	43*	232,598*
* The 2019/20 Support Category has a total of $25,000 available – applications can be made throughout the year and as such are still being received and processed. With a number of events and activities having been cancelled due to Covid-19 there is an expectation that it will not be completely expended this year.
2018/2019	Support (Max. 1,000)	37	25,332
	Assistance (Under $5k)	9	22,949
	Development	5	127,796
	Events	7	36,820
	TOTAL	58	212,897

2017/2018	Support (Max. 1,000)	26	19,857
	Assistance (Under $5k)	7	23,236
	Development	6	140,301
	Events	4	10,500
	TOTAL	43	193,894

2016/2017	Support (Max. 1,000)	25	18,672
	Assistance	5	13,475
	Development	8	115,105
	Events	9	37,500
	TOTAL	47	184,752

2015/2016	Support (Max. 1,000)	30	19,816
	Assistance	8	25,225
	Development	7	124,296
	Events	9	45,560
	TOTAL	54	214,897

2014/2015	Support (Max. 500)	21	9,730
	Assistance	3	7,100
	Development	7	149,572
	Events	4	16,500
	TOTAL	35	182,902

Officer’s Comment

The Community Grants Program applications have been previously supplied to Council along with a summary of each application to assist with the assessment of applications received.

Total applications this year were valued at $242,585.91 (which is a decrease on the $367,835 applied for last year). There were two additional large applications from the Recherche Aged Welfare Committee ($160,000) and Grass Patch Community Development Association ($100,000) which have not been included as they are being dealt with by Council separately to the Community Grants Program.

An annual allocation for the Support Category also needs to be approved for the 2020/21 budget. It has been proposed that this be set at $25,000, which is consistent with the two previous financial years. As has been noted above it is not expected that the full $25,000 will be expended this year as a number of projects and events have been cancelled due to Covid-19 impacts, although we are still receiving applications with a portion of the remaining funds therefore likely to be utilised.

It would be appropriate for Council to specify any conditions it wishes to attach to any of the allocations, the Officer Recommendation includes those proposed by the administration. A summary of the applications received including amount applied for, allocations suggested by Council following the 2^nd Council Briefing and proposed conditions is attached at Appendix B.

The third point in the Officer’s Recommendation relates to Regional Arts Sector Investment (RASI) funding. Funding through this avenue will be changing in the coming financial year. Applications are in process from both Esperance Community Arts and the Cannery. Applicants need to demonstrate an ongoing partnerships with their LGA including sustained funding.

The RASI funding period is for 2.5 years – January 2021 through to June 2023, with the guidelines (see Attachment A) identifying that funding ‘is intended to supplement, rather than replace existing sources of funding or revenue. Accordingly, organisations must demonstrate funding from local government or other sources will be maintained at a level consistent with the preceding two financial years (i.e. 1 July 2017 to 30 June 2019)’. From the start of this new funding period there is no longer a requirement for ‘matching’ funds from local government with ‘maintained’ funding replacing this.

Consultation

The Community Grants Program applications have already been workshopped with Council in early May, with several of the applicants also being invited to present to Council in late May.

Applications were originally assessed by the Community and Economic Development Team with input from other Shire officer’s where appropriate. In particular both the Manager Community Support and Acting Manager Community Support have been consulted with regards to the applications from within the arts sector.

Financial Implications

Allocations approved in this agenda item will be factored into Council’s 2020/21 Annual Budget.

Asset Management Implications

N/A

Statutory Implications

The statutory implications associated with this item are contained within Local Government Act 1995, Section 6.2 - Local Government to prepare annual budget.

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

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

Environmental Considerations

N/A

Attachments

a ⇩.	Regional Arts Sector Investment Guidelines
B.	Application Summary and Proposed Conditions - Confidential

Officer’s Recommendation

That Council

1. Includes $__________into the 2020/2021 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program:

a. Support category budget of $25,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

b. Assistance category budget of $___________, allocated as follows:

Details to be inserted

c. Development category budget of $___________, allocated as follows:

Details to be inserted

d. Events category budget of $____________, allocated as follows:

Details to be inserted

2. Advises the Recherche Aged Welfare Committee and Grass Patch Community Development Association that there applications will be considered by Council as part of the 20/21 Budget deliberations, but separate to the Community Grants Program.

3. Confirms that operational funding for Esperance Community Arts and the Cannery Arts Centre Inc has the in-principle support of Council to continue at no less than the 2019/20 allocation of $43,296 each per year for the 2021/22 and 2022/23 years, to assist with applications from both organisations to the Regional Arts Sector investment Fund.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 138

Item: 12.4.2

Live Streaming Council Meetings

Author/s	Serena Shaddick	Manager Marketing & Communications
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D20/14581

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider the use of live streaming and/or recording technology at future Council meetings.

Recommendation in Brief

That Council:

1. Agree in principle to live stream and record future formal Council Meetings.

2. List for consideration an amount of $25,000 in the 2020/21 Budget towards the purchasing and installation of the required equipment to ensure Chambers has the technology required to livestream and record and then upload to the Shire of Esperance website; and

3. Request the Chief Executive Officer to develop ‘Shire of Esperance Recording & Streaming of Council Meetings Policy’ to be adopted before the installation of livestreaming equipment.

Background

At the Ordinary Meeting of Council held on 28 January 2020 Council resolved to:

Council Resolution O0120-027

That Council Request the CEO to:

1. Investigate the Shire’s ability to “live stream” formal Council meetings:

2. Investigate the Shires ability to mirror information on the TV screens to Councillor devices; and

3. Provide Council with a briefing on the initial outcomes of these investigation by the end of February 2020

Subsequent to this resolution, Council received a presentation on their options, as well as what other local governments are doing, and have also partaken in a briefing which included a question and answer session with both the Shire of Esperance IT Manager and Communications and Marketing Manager. From these discussions a x3 semi fixed camera set up with mini broadcast system was suggested would be the best fit for the Shire of Esperance’s needs as this would enable Council to stream/record and then upload to a variety of online platforms, including the Shire of Esperance website.

At the Ordinary Meeting of Council held on 26 May 2020 Council resolved to:

Council Resolution O0520-154

That Council Request the Chief Executive Officer to prepare a report for the June 2020 Ordinary Council Meeting, regarding the use of live streaming and/or recording technology in our Ordinary Council Meetings and make recommendations for Council to consider.

Officer’s Comment

Previous consideration of this subject by Council has included some debate surrounding the extent of recording both Councillors and members of the public.

Any filming or broadcasting of members of the public may create issues for members of the public and/or the Shire e.g. privacy and increased risk if they make remarks or comments than could be perceived to be defamatory.

To reduce any risks:

· Streaming and recording of the meeting will be allowed for the Shire only.

· The cameras will be positions so that the public gallery will not be visually captured.

· A notice will be prominently displayed that informs members of the public that the proceedings will be streamed and recorded.

· The presiding member will read a statement at the commencement of the meeting.

A number of West Australian local governments currently stream their Ordinary Council Meetings including Bunbury, Greater Geraldton, Joondalup, Mundaring, Port Hedland and Vincent. Other local governments are considering in the introduction of this service. Numerous local governments in other states also currently stream their Council meetings.

The official record of the meeting will be the written agenda and minutes kept in accordance with the Local Government Act 1995 and any relevant regulations.

Pursuant to the State Records Act 2000, the Shire is required to keep records in accordance with the General Disposal Authority for Local Government Records which is maintained by the State Records Office WA. As a result, the Shire is required to keep any recording (audio or visual) for a period of one year after the minutes of the meeting are confirmed.

The period of time recordings will be available on the Shire’s website will be a future determination, dependence on future advice on the capability of the Shire’s website. For the immediate future all recordings will be available.

It should be noted that at any meeting that there is a risk that technical issues may prevent the meeting from being streamed and/or recorded.

A test of the service will need to be conducted prior to the meeting in an attempt to identify and address any potential issues prior to the meeting. In the event of a failure than cannot be addressed prior to the meeting or one that occurs during the meeting, the meeting will proceed without streaming.

As noted above, the written minutes will remain the official record of the meeting.

Consultation

Red Fish Technologies – a specialist technology company focused on evidential recording systems, audio visuals solutions and CCTV designs.

Robbie Meerman – Manager Information Services

Stephen Onans – Team Leader Governance – Maroondah City Council

City of Swan

Town of Port Hedland

City of Burnside

City of Geraldton

City of Kalgoorlie Boulder

Bass Coast Shire Council

Waverly Council

Greater Shepparton City Council

City of Port Phillip

City of Bunbury

Financial Implications

The financial implications arising from this report are:

Current Equipment estimates vary between $20,000 and $30,000 ($25,000 average) and will be needed in order to purchase and install livestreaming equipment. It is proposed this be allocated by Council as part of the 20/21 Budget deliberations, should Council agree in principle to live stream and/or record its meetings. Other than minimal staff costs, there are no ongoing operational costs associated with operating the equipment and uploading a recording the Shire’s website.

Asset Management Implications

Nil

Statutory Implications

· Local Government Act 1995 and Local Government (Administration) Regulations 1995 (s5.25 of the Act and reg.11 of the Regulations as they relate to the content of minutes)

· State Records Act 2000

Policy Implications

Nil - a new ‘Shire of Esperance Recording & Streaming of Council Meetings Policy’ will need to be authored.

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Benefits to streaming and recording meetings include increased accessibility to connect and engage with the broader community, reducing negative perceptions and the potential to maintain a record of a meeting for reference.

Corporate Business Plan 2019/20 – 2022/23

Community Leadership

Leadership that upholds accountable, transparent and ethical decision making.

L1 Provide transparent and accountable leadership

A Shire that managers its finances, services and assets sustainable exceeding community needs.

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

L3 Pro-actively lead the community through innovation and change.

Proactive Leaders that engage the community when making decision to reflect community values

L4 Encourage shared responsibility through an informed and inspired community.

L5 Actively engage and community with the community to ensure informed decision making.

Built Environment

Community infrastructure and services delivered in a timely manner, are will utilized, effective and meet the needs of our growing community.

B1 Ensure services, infrastructure and public places are aligned to community needs now and in the future.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

1. Agree in principle to live stream and record future formal Council Meetings.

3. Request the Chief Executive Officer to develop ‘Shire of Esperance Recording & Streaming of Council Meetings Policy’ to be adopted before the installation of livestreaming equipment.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 151

Item: 12.4.4

Cities Power Partnership - Proposed Pledges

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

File Ref: D20/15154

Applicant

Shire of Esperance

Location/Address

Shire of Esperance

Executive Summary

For Council to consider to five organisational pledges as required with the Shire’s membership of the Cities Power Partnership, proposed by the Shire’s Sustainability Working Group.

Recommendation in Brief

That Council endorse five (5) pledges to be forwarded to the City Power Partnership.

Background

At the October’19 Ordinary Council meeting, Council resolved the following:

Council Resolution O1019-227

That Council

1. Agree to join the Cities Power Partnership; and

2. Agree to advocate towards 100% renewable energy target for Esperance.

A requirement of joining the Cities Power Partnership is for the Shire to commit to selecting 5 key actions from a list of 39 possible partnership pledges which range from renewable energy, efficiency, transport and advocacy within 6 months of joining the partnership. Given the current Covide-19 situation, the Shire’s Sustainability Working Group has only recently (May’20) been able to recommend the following five (5) pledges for Council endorsement:

1. Renewable Energy – Install renewable energy (solar PV and battery storage) on Council Buildings;

2. Energy Efficiency – Adopt best practice energy efficiency measures across all council buildings, and support community facilities to adopt these measures;

3. Sustainable Transport – Ensure Council fleet purchases meet strict greenhouse gas emissions requirements and support the uptake of electric vehicles;

4. Sustainable Transport – Support cycling through the provision of adequate cycle lanes, bike parking and end-of-ride facilities;

5. Work Together and Influence – Develop procurement policy to ensure that the practices of contractors and financiers align with the council’s renewable energy, energy efficiency and sustainable transport goals.

Council now needs to formally accept these pledges and notify the City Power Partnership.

Officer’s Comment

Much of the justification for these proposed pledges can be found in the attached briefing from the Sustainability Working Group (attached). Some of the proposed pledges are already on track such as installing solar power on Council buildings and investing and expanding the Shire’s cycle paths. Some of the pledges will require policy changes before they can start to be achieved, however they are still achievable in the long term.

Consultation

Sustainability Working Group

Financial Implications

There are no direct financial implications associated with these proposed pledges, however they may create future financial implications should associated Council policies, such as procurement, influence future equipment purchases.

Asset Management Implications

There are no direct Asset Management implications associated with these proposed pledges, however they may create future Asset Management implications should associated Council policies, such as procurement, influence future equipment purchases.

Statutory Implications

Nil

Policy Implications

Some Council policies may need to be reviewed as part of the process of working towards achieving these pledges.

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that actively chooses to use sustainable modes of transport

Improve connectivity and encourage alternative transport options throughout our region

Corporate Business Plan 2019/20 – 2022/23

Improve connectivity and encourage alternative transport options throughout our region.

Environmental Considerations

The aim of these proposed pledges is to set environmental goals for the Shire to achieve; in so doing, there it is expected to have positive environmental outcomes.

Attachments

a ⇩.

Pledges for Council - Sustainability Working Group

Officer’s Recommendation

That Council endorse the following five (5) pledges to be forwarded to the City Power Partnership:

1. Renewable Energy – Install renewable energy (solar PV and battery storage) on Council Buildings;

2. Energy Efficiency – Adopt best practice energy efficiency measures across all council buildings, and support community facilities to adopt these measures;

3. Sustainable Transport – Ensure Council fleet purchases meet strict greenhouse gas emissions requirements and support the uptake of electric vehicles;

4. Sustainable Transport – Support cycling through the provision of adequate cycle lanes, bike parking and end-of-ride facilities;

5. Work Together and Influence – Develop procurement policy to ensure that the practices of contractors and financiers align with the council’s renewable energy, energy efficiency and sustainable transport goals.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 155

Item: 12.4.5

Jetty Timber Investigation Report

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

File Ref: D20/15210

Applicant

Shire of Esperance

Location/Address

Shire of Esperance

Executive Summary

For Council to consider a report from the investigation into jetty timbers photographed on the back of a truck leaving Esperance on the 26 March 2020.

Recommendation in Brief

That Council note the attached report from the Investigative Committee, made up of Cr Parker, Cr Graham and Cr O’Donnell into jetty timbers seen on the back of a truck leaving Esperance on 26 March 2020.

Background

On Friday, 27 March 2020, the Shire received an email from Cr Piercey, which included a photograph of a Scania truck, travelling north (allegedly at speed) with a load of timbers on the tray. The photograph is believed to be have been taken by Mr David Eltringham on 26 March 2020. On Tuesday, 31 March 2020, Council Officers had established the timber had come from Esperance Men in Sheds and had been sold to a local farmer, who was also the owner of the truck photographed; Council was subsequently advised of this on the same day.

Esperance Men in Sheds had previously been allocated grade 3 and 4 timbers as per the following Council resolutions from the January Ordinary Council Meeting:

Council Resolution O0120-007

That Council donates Historic Esperance Tanker Jetty Grade 3 Timber to the following as per the requested amounts:

1. South Regional TAFE

2. Men in Sheds; and

3. Aunty Jones Dolly Museum

Council Resolution O0120-032

That Council donates all historic Esperance Tanker Jetty Grade 4 Timber to Esperance Men in Sheds

Initially, it was believed the timber sold to the farmer was grade 4 timbers, however, it was subsequently identified to be most likely grade 3 timber.

At the April 2020 Ordinary Council Meeting, as a result of a Motion on Notice from Cr Payne, the Council resolved the following:

Council Resolution O0420-121

That Council direct the CEO to provide Council with an investigation report, with the involvement of investigative committee, made up of Councillors Parker, Graham and O’Donnell, into the transport of timbers north of town on 26 March 2020.

On Wednesday, 13 May 2020, the Investigative Committee visited the Esperance Men in Sheds, viewed their remaining stockpile of jetty timbers and spoke with their members. From this meeting the attached report was authored by Cr O’Donnell.

Officer’s Comment

The report from the Investigative Committee is attached for Council’s consideration.

Consultation

Esperance Men in Sheds

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

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 2019/20 – 2022/23

Provide Leadership & Direction to implement the Corporate Business Plan

Environmental Considerations

Nil

Attachments

a ⇩.

Investigation Report 2 June 2020

Officer’s Recommendation

That Council note the attached report from the Investigative Committee, made up of Cr Parker, Cr Graham and Cr O’Donnell, into Jetty Timbers on the back of a truck leaving Esperance on 26 March 2020.

Voting Requirement Simple Majority

Ordinary Council: Agenda

23 June 2020 Page 167

14. Motions of which Notice has been Given

Motion 1

Mover: Cr O’Donnell

Seconder:

That the Council request the Chief Executive Officer to requisition the essential repairs of the unique wrought iron seat so that it can be returned to its rightful place which is around the pine tree in the Esperance post office square.

Rationale:

This unique wrought iron seat has genuine purpose for the public space of the CBD in Esperance by creating a real inclusive community and family vibe for the town that encourages social interaction.

It also provides a much needed resting place for the elderly in our community by providing important shaded seating under the pine tree, a refuge from the high UV levels experienced in Esperance over the summer period.

ASS 026: PUBLIC ART

• The Shire acknowledges the important role played by public art in shaping and developing a sense of community and identity.

• To guide the delivery of public art projects that contribute to creating a sense of place, promote the expression of local identity, and reflect on the shared values of the community.

• Public Space: includes parks, foreshores, city squares, streets, indoor spaces of public buildings such as entry foyers, and outdoor spaces of public buildings.

Background:

Commissioned by the Shire in 1989/99, designed by Graham Wheeler (Wheels) and Monty Congreve.

Graham Wheeler, Dave Melbourne and Marc Chellini were responsible for the labour, the project is reported to have taken over 350 hours.

The design incorporated eight individual sections and included historical plaques and timber arm rests. The weaving of the 25ml by 3ml flat iron bars is incredibly unique, with three main angles in the design required in order to get it perfect before the welding could take place.

This functional, artistic and historic work was designed specifically for public accessibility in the town centre, so it should be returned to its rightful place.

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 Renewal - Telstra Communication Tower Helms Drive

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

Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

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)).

Item: 17.3

0285-20 Supply & Placement of Hotmix Asphalt

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: 17.4

0284-20 Supply, Installation & Repair Tyres

Confidential Item

Item: 17.5

Unauthorised Disposal of Land Clearing Waste

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)); and legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(d)).

Item: 17.6

Compliance - 47 The Esplanade, Esperance

Confidential Item

18. PUBLIC QUESTION TIME

19. CLOSURE

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

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

a ⇩.	Information Bulletin - May 2020
b ⇨.	Corporate Performance Report – May 2020 - Under Separate Cover