Agenda of Ordinary Council

Ordinary Council: Agenda

25 August 2020 Page 5

Disclosure 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.

Ordinary Council: Agenda

25 August 2020 Page 11

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 25 August 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 S Burge Acting Chief Executive Officer

Mr M Walker Director Asset Management

Mr S McKenzie Acting Director External Services

Mr R Meerman Acting Director Corporate Resources

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

Mr T Sargent Director External Services Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

QUESTIONS TAKEN ON NOTICE – JULY ORDINARY COUNCIL MEETING

Asked by Dr K Nieukerke

Answered by Mr S Burge – Acting Chief Executive Officer

Question

Dr Nieukerke requested information on the date of the second term of the Ocean Grown Lease.

Response

Hi Kaj,

Yesterday at the OCM I advised about letting you know that the expiry date of the Ocean Grown lease further term is 11 July 2021.

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 28 July 2020, and the Special Council Meeting of the 4 August 2020 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Councillor Attendance

	Agenda Briefing Sessions (10)	Ordinary Council Meetings (10)	Special Council Meetings (4)	Annual Electors Meeting (1)
Shire President Cr Ian Mickel	10	10	4	1
Deputy President Cr Basil Parker	10	10	4	1
Cr Jo O’Donnell	10	10	4	1
Cr Steve McMullen	9	10	4	1
Cr Shelley Payne	10	10	4	1
Cr Jennifer Obourne	9	10	4	1
Cr Ron Chambers	9	10	3	1
Cr Dale Piercey	7	9	4	1
Cr Wes Graham	10	9	3	1

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Consulting Rooms - Massage - Lot 656 (15) Frearson Street, Castletown

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

File Ref: D20/19218

Applicant

Peter and Barbara Dempster

Location/Address

Lot 565 (15) Frearson Street, Castletown

Executive Summary

That Council consider Development Application 10.2020.4355.1 for a Consulting Rooms (Massage) at Lot 565 (15) Frearson Street, Castletown.

Recommendation in Brief

That Council approve Development Application 10.2020.4355.1 for a Consulting Rooms (Massage) at Lot 565 (15) Frearson Street, Castletown subject to conditions.

Background

A development application for a Consulting Rooms at Lot 565 (15) Frearson Street, Castletown was received by Shire of Esperance (Planning Services) on 2 June 2020.

Consulting Rooms is an ‘A’ use as per the provisions of Local Planning Scheme No. 24 (LPS 24). An ‘A’ use means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions.

The application was subsequently referred to the adjoining landowners for comment in accordance with the Shire’s Advertising Schedule, with advertising occurring between 4 June 2020 and 25 June 2020. Two objections were received from adjoining landowners.

After discussions with the applicant, the application was referred to the August Ordinary Council Meeting for determination rather than the July Ordinary Council Meeting at the applicants request due to the applicant being on holidays at the end of July.

Officer’s Comment

In accordance with Local Planning Scheme No. 24, Consulting Rooms is defined as follows:

Consulting Rooms means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care;

The information provided by the applicant indicates the following:

1. The proposed Consulting Rooms will only employ three people, two of which are residents in the dwelling. Of the three persons, two are therapists and one is a secretary. The business originally employed another therapist when operating from their previous Dempster Street site, however the information provided indicates that the business only employs two therapists at this time.

2. Only one or two vehicle movements per three hour period should be generated by the business which combined with the low impact nature of the business (remedial massage therapy) should not result in significant impact on the amenity of the neighbourhood;

It is the position of Planning Services that the proposal will not result in traffic or parking difficulties in the area at the indicated rate of patronage.

The proposal will not result in the use of an essential service greater than that normally required by a single dwelling.

Two objections were received from adjoining landowners on the following grounds:

Objection:	Planning Comment:
Impact from increased traffic.	The applicant has indicated that the proposal will only result in one or two vehicle movements per three hour period. It is the position of planning services that this is not a significant increase in traffic numbers in the area and should not significantly impact on adjoining landowners or local residents via noise or safety.
Potential impact on resale and rental value from commercial business operating in residential area.	Resale and Rental values are not a valid planning concern.
Minimal parking options in the road verge	Given the stated level of traffic expected by the development, all car parking for the business should be able to be accommodated on the driveway for 15 Frearson Street without impacting on the street or adjoining properties.

Planning Services also notes that the application was originally assessed as a Home Business proposal. The decision to assess the proposal as Consulting Rooms was made as the proposal is most accurately defined as Consulting Rooms. Both Consulting Rooms and Home Business are ‘A’ uses under Local Planning Scheme No. 24.

Reasons for recommendation

· The proposed use meets the definition of consulting rooms which means premises used by no more than 2 health practitioners at the same time for the investigation or treatment of human injuries or ailments and for general outpatient care;

· The land use is an ‘A’ use means that the use is not permitted unless the local government has exercised its discretion by granting development approval after giving notice in accordance with clause 64 of the deemed provisions;

· The proposal is consistent with the objectives for the Residential zone which states to provide for a range of non-residential uses, which are compatible with and complementary to residential development.

· The proposed Consulting Rooms as at the indicated level of operation, it will be a relatively low impact Consulting Rooms well suited to a residential area.; and

· Expansion (i.e. additional therapists) of the business will require a return to commercial premises due to it exceeding the maximum therapists for a consulting room.

Consultation

In accordance with Councils advertising schedule, the application was referred to the adjoining landowners between 4 June 2020 and 25 June 2020.

Two objections were received as part of the application.

Financial Implications

Application fees totalling $222.00 were received as part of the application.

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

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

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

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Letter from Applicant
b ⇩.	Floor Plan
c ⇩.	Operating Hours
d ⇩.	Details of Business - Part 1
e ⇩.	Details of Business - Part 2
f ⇩.	Objection 1
g ⇩.	Objection 2

Officer’s Recommendation

That Council approve Development Application 10.2020.4355.1 under Section 68. of the Deemed Provisions for a Consulting Rooms (Massage) at Lot 565 (15) Frearson Street, Castletown subject to the following conditions:

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

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

3) The approved consulting rooms must not cause injury to or prejudicially affect the amenity of the neighbourhood.

4) The approved consulting rooms shall not employ more than two health specialists.

5) The approved consulting rooms must not display a sign exceeding 0.2 square metres in area.

6) The approved consulting rooms must not require the provision of any essential service main of a greater capacity than normally required in the zone in which it is located.

7) This development approval relates to the land the subject of the application and the applicant only, and cannot be assigned to any other person or transferred to any other property or premises.

8) All vehicles associated with the approved use are to be parked on-site or are to be parked on-street in such a manner as to not adversely impact on vehicular or pedestrian traffic in the surrounding area.

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

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

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

And the following advice notes:

1) The development is to comply with the National Construction Code, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995

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

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

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

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

· Health (Miscellaneous Provisions) Act 1911

· Occupational Safety and Health Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health Act (Laundries and Bathrooms) Regulations 1971

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

7) In line with COVID-19 Coronavirus: Beauty and Personal Care Services Guidelines issued 1 June 2020 , A COVID Safety Plan is to be prepared and displayed within premises before reopening or opening new premises. Guide and template can be found at: https://www.wa.gov.au/government/document-collections/covid-19-corona virus-beauty-and-personal-care-services

A fact sheet is also available on the Department of Health website at: https://ww2.health.wa.gov.au/Articles/J_M/Massage-therapy

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2020 Page 30

12.2 Asset Management

Item: 12.2.1

Lost at Sea Memorial

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Acting Chief Executive Officer

File Ref: D20/20225

Applicant

Wendy Stewart

Location/Address

Esperance Coast

Executive Summary

For Council to consider the request for a lost at sea memorial.

Recommendation in Brief

That Council

1. Thank Wendy Stewart for the request of the creation and construction of a suitably fitting memorial sculpture in recognition of those lives lost to the sea off the coast of Esperance; and

2. Request the CEO to investigate options for a suitable memorial sculpture including how it could fit into the Esperance foreshore and estimated costings for budget consideration.

Background

The Shire has received a request to support the creation of a memorial for those lost at sea from Wendy Stewart, see attached request. The proposed memorial would pay tribute to all those lives lost no matter how the tragedy occurred and would provide a place where families & friends of those deceased along with community members and visitors to the region can pay their respects.

Officer’s Comment

The Shire already has memorials for those lost at sea along the foreshore redevelopment at the Brazier Street node. This was originally located in a garden at Bow Park, as part of the youth precinct development, the memorials were relocated. See Attachment B. If a memorial sculpture was to be created it would be advisable to keep them all together.

The request in principal seems to have merit, but does not provide enough detail on what is being considered to make an informed decision. It would be advisable for Council to seek further information before making a decision regarding a memorial sculpture for those lost at sea.

Consultation

Nil

Financial Implications

The financial implications arising from this report are unknown as it will depend on what is being requested.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Environmental Considerations

Nil

Attachments

a ⇩.	Wendy Stewart - Memorial for those lives lost at Sea
b ⇩.	Brazier Street Node - Lost at Sea Memorials

Officer’s Recommendation

That Council

1. Thank Wendy Stewart for the request of the creation and construction of a suitably fitting memorial sculpture in recognition of those lives lost to the sea off the coast of Esperance; and

2. Request the CEO to investigate options for a suitable memorial sculpture including how it could fit into the Esperance foreshore and estimated costings for budget consideration.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2020 Page 35

Item: 12.2.2

Youth Precinct Concept Plan

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

File Ref: D20/23194

Applicant

Internal

Location/Address

Esperance Foreshore

Executive Summary

For Council to consider the Esperance Youth Precinct Concept Plan.

Recommendation in Brief

That Council

1. Endorses the Esperance Youth Precinct Concept Plan developed by Convic;

2. Request the CEO to investigate funding and resources to implement the stages of the Esperance Youth Precinct Plan for budget consideration; and

3. Request the CEO to undertake consultation with the Esperance Scout Group on the possibility of upgrading the Scout Hall toilets for public use.

Background

The Shire of Esperance engaged Convic to develop a Youth Precinct Concept Plan for the Esperance Foreshore in the skatepark area.

With a population of 13,477 the Shire has one of the lowest population densities to be found anywhere. Young people between the ages of 12 and 25 years account for approximately 17% of the Esperance Population, with 2,332 young people counted in the 2011 census. There is currently a lack of infrastructure that caters for youth in the town centre and the Esperance foreshore other than the skatepark.

The Shire of Esperance engaged Convic to undertake community consultation and develop a concept plan, including cost estimates, which respond to the community needs and the sites location and characteristics, to support the shire to develop a youth precinct on the Esperance foreshore.

Officer’s Comment

The Esperance Youth Precinct Concept Plan developed by Convic is proposing to develop a youth precinct including an extension to the existing Esperance Skate Park that will activate the foreshore are for youth and form a holistic Youth Precinct within Esperance Foreshore. The proposed Youth Precinct will cater to the needs of the Esperance youth community and provide active recreation opportunities for all ages, abilities and program interests. See attached plan.

The site is located in an undeveloped area encompassing the existing skate park and is within close proximity to additional youth infrastructure such as existing play opportunities located within the Adventureland precinct, the Esperance Scout Hall, Esperance Kids Bike Track facility and a large ship theme playspace that will be completed in the near future.

The proposed Youth Precinct will form the southern most end of the recently redeveloped and successful foreshore creating a highly activated culmination to the foreshore esplanade. The site is easily accessible by vehicle with adjacent car parking and is within walking distance of the Esperance town centre and other supporting amenities.

Based on the usage of the current skate park and community consultation it is evident that the youth community has outgrown the current skate facility which is testament to its success since opening in 2016.

In the development of the Youth Precinct Concept Plan the Shire of Esperance and Convic actively engage and consulted with the Esperance community and youth on the plans development through pre-design and draft design project phases.

The Youth Precinct Plan includes:

- Skate Park Extension

- Pump Track

- Play Facilities

- Amenities and Supporting Infrastructure

This Esperance Youth Precinct Concept Plan provides a concept plan based on the outcomes of the community consultation and community needs and requirements for the successful development of the precinct and the growing need for additional youth activation opportunities within Esperance. The Esperance Youth Precinct Concept Plan is planned so that it can be developed and implemented in stages as funding and resources become available.

Consultation

Community Consultation Phase 1 – Pre Design - School and stakeholders sessions, Edge of the Bay drop-in sessions. Online survey.

Community Consultation Phase 2 – Draft Youth Concept Plan - School and stakeholder sessions and community session via Zoom. Online survey.

Financial Implications

The Youth Precinct Concept Plan will help inform the Shires Long Term Financial Plan, annual construction programs and assist the Shire in applying for potential grants. An estimate of the likely cost for each part is included in the attachments.

Asset Management Implications

The Youth Precinct Concept Plan will help guide the Shire in the development of the foreshore and skate park area to cater for the needs of the community and youth.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

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

Corporate Business Plan 2019/20 – 2022/23

C5.2 Develop and Implement Youth Precinct Master Plan

Environmental Considerations

Nil

Attachments

a ⇨.	Esperance Youth Precinct - Final Concept Design Report - Under Separate Cover
b ⇩.	Esperance Youth Precinct - Estimate of Costs

Officer’s Recommendation

That Council

1. Endorse the Esperance Youth Precinct – Final Concept Design Report developed by Convic;

2. Request the CEO to investigate funding and resources to implement the stages of the Esperance Youth Precinct Concept Design for budget consideration; and

3. Request the CEO to undertake consultation with the Esperance Scout Group on the possibility of upgrading the Scout Hall toilets for public use.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2020 Page 40

Item: 12.2.3

Pink Lake Feasibity Study

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

File Ref: D20/23195

Applicant

Internal

Location/Address

Pink Lake, Esperance

Executive Summary

For Council to consider the Pink Lake Feasibility Study and next stages in the project including potential trial.

Recommendation in Brief

That Council:

1. Receive the Pink Lake Feasibility Study Reports developed by Tilo Massenbauer.

2. Work with key stakeholders Department of Biodiversity, Conservation and Attractions (DBCA), Esperance RAMSAR Technical Advisory Group and Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) on the potential next stages of the project; and

3. Request the CEO to seek funding partners for the project.

Background

There has been concerned about Pink Lake’s diminished pink colour since the 1990’s impacting tourism and the local community. The Shire of Esperance allocated funding $60,000 in the 2018/19 budget to investigate options to make Pink Lake pink again based on the tourism, environmental and community amenity values that are associated with having Pink Lake pink. The Shire also put in $200,000 into the Priority Projects reserve in the 2018/19 to be used for any actions out of the feasibility report.

The Shire of Esperance engaged Tilo Massenbauer as suitable qualified consultant to look at the parameters and options to make Pink Lake pink again. The Pink Lake Feasibility Study looked to technically define the likely causes to why Pink Lake is no longer pink and assess the technical feasibility to recover fully, or part of, the pink colour through intervention options.

Officer’s Comment

The Pink Lake Feasibility Study investigated the current situation, constraints and potential impacts including environmental impacts and investigate the feasibility of management interventions and possible engineering options to make Pink Lake pink again.

The Pink Lake Feasibility Study has the goal of looking at making pink lake pink and potentially restoring the water balance with Lake Warden now being the terminal lake for the western Lake Warden Wetland System (LWWS). The Lake Warden Wetland System (LWWS) is listed as a Wetland of International Importance under the Ramsar Convention. The Pink Lake Feasibility Study looked at investigate both potential detrimental and positive impacts on the Lake Warden Wetland System (LWWS) and other environment values with the options identified to potential make Pink Lake pink.

The study resulted in four report documents:

· Esperance Pink Lake Feasibility Study – Technical report of major findings (Massenbauer 2020)

· Water balance for Pink Lake and Lake Warden Esperance – technical support document for the Esperance Pink Lake Feasibility Study (Marimuthu 2020)

· Water quality review of Pink Lake and Associated Lakes - technical support document for the Esperance Pink Lake Feasibility Study (Lizamore 2020)

· Recovering Pink Lake’s Lost Colour, Technical Report Communique (Massenbauer 2020)

Pink Lake is likely no longer pink due to the removal of too much salt based on annual salt harvest quotas being set by incorrect hydrological investigations undertaken in 1986. Of the estimated 923,500 tonnes of salt present in Pink Lake as of 1900, about 50 per cent had been harvested up until 2007. The removal of salt has resulted in D. salina bloom salinity thresholds not being sustained for periods longer than four weeks and diminished salt crust formation at very shallow depths when the lake dries out before D. salina can bloom. Because of the low salinities in Pink Lake under current conditions, adding more D. salina to the lake will not result in a bloom.

A 30 and 50 per cent increase in salinity would likely return Pink Lake’s salinity to 1991 and 1983 concentrations respectively and associated historic pink blooms. Adding 164,000 tonnes of salt would result in 1991 salinities and 273,000 tonnes of salt would result in 1983 salinities. Adding 466,000 tonnes of salt would recover Pink Lake to pre-1900 salt levels. The groundwater under Pink Lake is not suitable to meet Pink Lake’s salt needs. A do-nothing scenario would take about 787 years to naturally accumulate enough salt to meet the 1991 target and 1,319 years to meet the 1983 target.

Adjacent to Pink Lake is Lake Warden which has a salt accumulation problem resulting from catchment salinity with an estimated stored excess of 530,000 tonnes of salt. The salt chemistry is similar to Pink Lake. Sustainably harvesting salt from Lake Warden for Pink Lake would likely benefit both wetlands. Pumping salt brine and harvesting salt crust from Lake Warden can meet Pink Lake’s 1991, 1983 and 1900 salinity targets.

Recovering Pink Lakes pink colour using excess accumulation of salt from Lake Warden is technically feasible. A proof of concept trial can help further explore technical logistics and economic feasibility, this could be undertaken using the existing salt evaporation ponds on Pink Lake. Environmental Impact Assessment of a future full-scale proposal would potentially be required. If the shire progresses with the next stages of the project and potential trial further engagement will need to be undertaken with the Department of Biodiversity, Conservation and Attractions (DBCA), Esperance RAMSAR Technical Advisory Group and Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC).

Consultation

Department of Biodiversity, Conservation and Attractions (DBCA).

Esperance RAMSAR Technical Advisory Group.

South Coast Natural Resource Management.

Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC).

Financial Implications

To progress to the next stage of the project would be to undertake a proof of concept trial. It is estimated that proof of concept trail would cost approximately $200,000 which is made up of approximately $60,000 for a consultant to run the trial and $140,000 for infrastructure, majority being for a pipe connection between Lake Warden and Pink Lake.

If Council wished to commit to the proof of concept trail now it could approve a budget variation as per the table below.

Description		Budget Figure	Amended Figure	Variation
Pink Lake Proof of Concept Trial	WNew	0	200,000	200,000
Priority Projects Reserve		0	(200,000)	(200,000)
Net result				0

If the proof of concept trial was successful it would cost approximately $250,000, subject to detailed design, which would cover the cost of the Environmental impact assessment and infrastructure (power connection, pump and control system).

Asset Management Implications

The asset management implications will be determined in future reports.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that values and protects our natural environment

Raise awareness and increase education on environmental issues.

Corporate Business Plan 2019/20 – 2022/23

N1.6 Coordinate Pink Lake Feasibility Study

Environmental Considerations

Recovering Pink Lakes pink colour using excess accumulation of salt from Lake Warden is technically feasible. A proof of concept trial can help further explore technical logistics and economic feasibility. Environmental Impact Assessment of a future full-scale proposal would potentially be required. If the shire progresses with the next stages of the project and potential trial further engagement will need to be undertaken with the Department of Biodiversity, Conservation and Attractions (DBCA), Esperance RAMSAR Technical Advisory Group and Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC).

Attachments

a ⇩.	Esperance Pink Lake Feasibility Study - Communique - Tilo Massenbauer
b ⇨.	Esperance Pink Lake Feasibility Study - Technical Report - Tilo Massenbauer - Under Separate Cover
c ⇨.	Water Balance for Pink Lake and Lake Warden Esperance - Dr. Selvarajah Marimuthu - Under Separate Cover
d ⇨.	Water quality review of Pink Lake and Associated Lakes - John Lizmore - Under Separate Cover

Officer’s Recommendation

That Council

1. Receive the Pink Lake Feasibility Study Reports developed by Tilo Massenbauer.

3. Request the CEO to seek funding partners for the project.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2020 Page 104

Item: 12.3.2

Appointment of Representative - Council Committee

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Robbie Meerman	Acting Director Corporate Resources

File Ref: D20/23404

Applicant

Gavin Egan

Location/Address

N/A

Executive Summary

To appoint an External Organisational Representative to the Scaddan Restoration Reference Group Council Committee to fill a vacancy.

Recommendation in Brief

That Council appoint an External Organisational Representative to the Scaddan Restoration Reference Group Council Committee to fill a vacancy.

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 contact identified organisations for representatives.

Since January 2020 Council has appointed a number of Organisational representatives to Council Committees, however a number of positions remained vacant.

Officer’s Comment

Following the November Ordinary Council Meeting, a request was sent to all organisations asking for representatives to be nominated. These new representatives will ensure adequate representations from relevant organisations on the council committees.

Since the appointments made in July, one (1) organisation has responded to the request for a representative. It is being recommended that this representative be appointed by Council to allow them the ability to represent their organisation on the respective committee.

The below table outlines all the organisations that will have vacant positions on council committees following the recommended appointment.

Committee	Organisation
Museum Management Reference Committee	Museum Volunteer (Deputy)
Esperance Twin Towns Committee	Esperance Senior High School (Deputy) Esperance Lions Club (Deputy)
Scaddan Restoration Reference Group	Scaddan Bush Fire Brigade (Deputy) Scaddan Golf Club (Deputy) Scaddan Country Club (Deputy) Scaddan Bowling Club x2 Scaddan Primary School Parents & Citizens (Deputy)
Esperance Visitor Centre Management Committee	Tourism Esperance (Deputy)
Esperance Roadwise Committee	Department of Education (Deputy) St John Ambulance (Deputy)
Reconciliation Action Plan Working Group	Ngadju Native Title Aboriginal Corporation (Deputy)

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 – s5.10

Policy Implications

Terms of Reference – Council Committees

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2023/24

Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

a ⇩.

Scaddan Restoration Reference Group

Officer’s Recommendation

That Council agrees to;

1. Appoint organisational representatives as members of council committees as per the following table;

Committee	Organisation	Representative
Scaddan Restoration Reference Group	Scaddan Bush Fire Brigade	Gavin Egan

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 August 2020 Page 107

Item: 12.3.3

Appointment of Community Representative - Council Committee

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Robbie Meerman	Acting Director Corporate Resources

File Ref: D20/23382

Applicant

Elaine Egan

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 Scaddan Restoration Reference Group.

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.

It is recommended that Council appoint Elaine Egan’s nomination as a Community Representative to the Scaddan Restoration Reference Group. If Council appoints Ms Egan to this post, all the Community Representative positions on the Scaddan Restoration Reference Group will be filled.

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

Committee	Vacancies
Esperance Twin Towns Committee	1 Community Representative
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 - 3 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

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2023/24

Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Scaddan Restoration Reference Group

Officer’s Recommendation

That Council agrees to;

1. Appoint Elaine Egan as Community Representative to the Scaddan Restoration Reference Group.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 August 2020 Page 141

Item: 12.4.2

Resignation - Elected Member Position - Community Support Sub Committee

Author/s	Alli McArthur	Administration Officer - Executive Services
Authorisor/s	Shane Burge	Acting Chief Executive Officer

File Ref: D20/23115

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to accept Cr Piercey’s resignation from the Community Support Sub Committee and appoint another elected member to the sub committee.

Recommendation in Brief

That Council:

1. Accept Cr Piercey’s resignation from the Community Support Sub Committee,

2. Appoint Cr __________ to the Community Support Sub Committee; And

3. Agrees to endorse the Recovery Committees Terms of Reference inclusive of amendments, inclusions and deletions as reviewed.

Background

In response to the COVID-19 Pandemic and declared State of Emergency in Western Australia, the Local Recovery Committee, Economic and Community Support Sub Committees were established at the Special Council Meeting on 12 May 2020.

Cr Piercey was appointed to the Community Support Sub Committee and elected as the Presiding Member at the first Community Support meeting on 19 May 2020. By virtue of Cr Piercey’s appointment as presiding member she holds a voting member position on the Local Recovery Committee.

On 7 August 2020 Cr Piercey tendered her resignation from the Community Support Sub Committee in writing to the Chief Executive Officer.

Officer’s Comment

As per the Community Support Sub Committee Terms of Reference, three (3) elected representatives are required, therefore Council should appoint another Councillor to the Sub Committee. Following Councils decision, the Community Support Sub Committee will need to elect a new Presiding Member in a formal meeting.

A number of grammatical and administrational errors were located within the Terms of Reference the three (3) recovery committees, which have been corrected in attachment A. It is recommended that Council endorse these amendments.

Consultation

Governance & Corporate Support Coordinator

Local Recovery Coordinator

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

Actively engage and communicate with the community to ensure informed decision making

Corporate Business Plan 2020/21 – 2023/24

C6.3 Manage Emergency Recovery Services

C6.10 Implement the COVID-19 Recovery Action Plan

Environmental Considerations

Nil

Attachments

a ⇩.

Terms of Reference - Recovery Committees

Committee Recommendation

That Council:

1. Accept Cr Piercey’s resignation from the Community Support Sub Committee,

2. Appoint Cr __________ to the Community Support Sub Committee; and

3. Agrees to endorse the Recovery Committees Terms of Reference inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 August 2020 Page 151

Item: 12.4.3

GVROC Economic Policy Plan for the Region

Author/s	Shane Burge	Acting Chief Executive Officer
Authorisor/s	Shane Burge	Acting Chief Executive Officer

File Ref: D20/23700

Applicant

GVROC

Location/Address

Goldfields Esperance Region

Executive Summary

For Council to consider endorsing the GVROC Economic Policy Plan (Plan) for the Region

Recommendation in Brief

That Council support the GVROC Economic Policy Plan for the Region and advise GVROC accordingly.

Background

One of the key recent outcomes from GVROC has been the development of an Economic Policy Plan to position, assist and drive growth for the region. It considers a number of key government policy settings, regulations and funding programs at a Federal and State level, that if reformed or addressed could enable the GVROC members to grow their communities

Officer’s Comment

The Plan is targeted at the Western Australian Government and Australian Federal Government and will be used as a platform for discussions with both governments and also with all political parties in around upcoming government elections. The GVROC present this plan with a united regional voice from each of its nine local government authorities’ members of what they would like to see delivered by the current and future State and Federal Governments.

The Plan also takes into consideration the current effect of the Covid-19 Pandemic and the future economic stimulus measures that the GVROC would like to see funded and implemented by State and Federal Governments in conjunction with the GVROC members to stimulate and grow these regional cities, towns and communities into thriving and strong economic communities.

The plan focuses around 4 key themes to improve economic development for our region being-

1. Taxation reform from both Federal and State Governments to recognise the unique challenges of living outside of capital cities and urban centres.

2. A dedicated Royalties for Regions program for key the Region focusing on infrastructure projects that assists with economic and industry growth.

3. A dedicated road funding allocation from the Federal and State Governments.

4. An economic stimulus package to GVROC local governments to support COVID recovery in the region.

Consultation

All GVROC Local Governments are being consulted for support in this Plan.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

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

Develop partnerships to strengthen economic growth

Corporate Business Plan 2020/21 – 2023/24

G2.2 Provide Support and Advice to Business and Industry

Environmental Considerations

Nil

Attachments

a ⇨.

GVROC Economic Policy Plan for the Region - Under Separate Cover

Officer’s Recommendation

That Council support the GVROC Economic Policy Plan for the Region and advise GVROC accordingly.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2020 Page 153

13. Reports Of Committees

Item: 13.1

Local Recovery Committee Report

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D20/22382

Applicant

Local Recovery Committee

Location/Address

Internal

Executive Summary

For the Council to consider endorsing payments from the IGO donation.

Recommendation in Brief

That Council endorse a payment, from the IGO donation, for the following;

- $5,000 to the organisation of the New Year Eve Fireworks event at the Foreshore

Background

The two Recovery Sub Committees, being Economic and Community Support, have been formed to address recovery needs of the Esperance community as we emerge from the COVID-19 pandemic restrictions.

The Local Recovery Committee met on 4 August 2020 to consider recommendations made by the Recovery Sub Committees. The Local Recovery Committee resolved the following:

LRC0820-266

Committee Resolution

That the Local Recovery Committee request Council to consider endorsing a payment, from the IGO donation, for the following;

- $10,000 to the organisation of the Wildcats event at the new Stadium in October,

- $5,000 to the organisation of the New Year Eve Fireworks event at the Foreshore

Officer’s Comment

Neither Sub Committees met over the school holidays. Therefore there has been a month since the last meetings. Both Sub Committees met last week discussing the following topics;

Economic Recovery Sub Committee

- Dashboard provided economic snapshot for the region.

- 324 additional people seeking employment, yet hospitality and retail businesses are seeking staff and reducing services due to lack of staffing.

- Concerns regarding agricultural sector in preparation for harvest, with a reduction in available overseas staff due to travel restrictions. SEPWA and WAFF are looking at ways to address this issue.

Community Support Recovery Sub Committee

- Community connectivity. Promoting the Community Calendar to establish what is happening in the community.

- A recommendation was made by the Sub Committee to use some of the IGO donation to support a number of big events being organised in the community.

- The Sub Committee would like to see $10,000 go toward the Wildcats visit to the new stadium. This was identified as a positive community events, as not only the game will be played, but opportunities for meet and greet with players, as well as training, coaching and umpiring development opportunities will also be on offer.

- Additionally, it was explained that the New Year Fireworks event has been confirmed and a request received for $5,000 to assist in the organising of this event.

- Many activities, events, sporting groups etc back up and running in altered format.

- ERRIC continues to be developed.

- A suggestion was made from the Sub Committee that contact should be made with COVID affected Councils in Victoria, to reach out and check in, offering support and empathy at this time.

Since the Local Recovery Committee Meeting on 27 July, the Esperance Basketball Association has confirmed, due to the short timeframe and the uncertainty around COVID-19, the Wildcats pre-season game will not be occurring this year. Over a longer term, consideration of additional funding can be sought for this event through the Shire’s 2021 Community Grant Scheme. As such, it is suggested the $10,000 remain available for other recovery opportunities identified by the Sub Committees.

Consultation

Economic Sub Committee

Community Support Sub Committee

Local Recovery Committee

Financial Implications

The financial implications arising from this report are $5,000 allocated from the IGO funding of $150,000.

Asset Management Implications

N/A

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Develop and maintain a safe environment for the community

Corporate Business Plan 2019/20 – 2022/23

C6.3 Manage Emergency Recovery Services

C6.10 Implement the COVID-19 Recovery Action Plan

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council endorse payments, from the IGO donation, for the following;

- $5,000 to the organisation of the New Year Eve Fireworks event at the Foreshore

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 August 2020 Page 174

Item: 13.3

Amendment to Reconciliation Action Plan Working Group Terms of Reference

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Robbie Meerman	Acting Director Corporate Resources

File Ref: D20/23123

Applicant

Reconciliation Action Plan Working Group

Location/Address

N/A

Executive Summary

For Council to consider endorsing the Reconciliation Action Plan Working Group Terms of Reference inclusive of amendments, inclusions and deletions as reviewed.

Recommendation in Brief

That Council agrees to endorse the Reconciliation Action Plan Working Group Terms of Reference inclusive of amendments, inclusions and deletions as reviewed.

Background

At the Reconciliation Action Plan Working Group meeting held on 29 June 2020, the group discussed the existing Terms of Reference. It was decided that the committee would discuss recommended changes to the Terms of Reference at the following meeting.

At the meeting held 27 July 2020, a motion was put forward with the Group resolving the following;

RAP0720-001

Committee Resolution

That the Committee accept the RAP Working Group Terms of Reference and request Council to consider the following changes:

1. Removing the word minimum contained within the first dot point of the scope; And

2. Expanding the Scope to include Development of Future RAP’s.

Officer’s Comment

The Group requests that ‘minimum’ be removed from the first point to ensure that the Group is not limited to identifying minimum RAP requirements and that a point be included to note the Group’s role in developing future RAP documents.

These changes are seen to be minor, however will add clarity to the role of the Working Group.

Consultation

Reconciliation Action Plan Working Group

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2023/24

Implement the Reflect Reconciliation Action Plan

Environmental Considerations

Nil

Attachments

a ⇩.

RAP Working Group Terms of Reference

Committee Recommendation

That Council agrees to endorse the Reconciliation Action Plan Working Group Terms of Reference inclusive of amendments, inclusions and deletions as reviewed.

Voting Requirement Absolute Majority

a ⇩.	Information Bulletin - July 2020
b ⇩.	Corporate Performance Report - July 2020
C.	Letter of Appreciation – Hon Mick Murray MLA – Minister for Sport & Recreation

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Acting Chief Executive Officer