11 December 2020
Shire
of Esperance
Ordinary
Council
NOTICE OF MEETING AND AGENDA
An Agenda Briefing Session of the Shire of Esperance will
be held at Council Chambers on 15 December 2020 commencing at 1pm to brief
Council on the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance
will be held at Council Chambers on 22 December 2020 commencing at 4pm to
consider the matters set out in the attached agenda.
S Burge
Chief Executive Officer
DISCLAIMER
No responsibility whatsoever is implied or accepted by the
Shire of Esperance for any act, omission or statement or intimation occurring
during Council or Committee meetings. The Shire of Esperance disclaims any
liability for any loss whatsoever and howsoever caused arising out of reliance
by any person or legal entity on any such act, omission or statement or
intimation occurring during Council or Committee meetings. Any person or legal
entity who acts or fails to act in reliance upon any statement, act or omission
made in a Council or Committee meeting does so at that person’s or legal
entity’s own risk.
In particular and without derogating in any way from the
broad disclaimer above, in any discussion regarding any planning application or
application for a licence, any statement or intimation of approval made by a
member or officer of the Shire of Esperance during the course of any meeting is
not intended to be and is not to be taken as notice of approval from the Shire
of Esperance. The Shire of Esperance warns that anyone who has any application
lodged with the Shire of Esperance must obtain and should only rely on written
confirmation of the outcome of the application, and any conditions attaching to
the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION
MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions
are based on an honest assessment of the issue, ethical decision-making and
personal integrity. Councillors and staff adhere to the statutory requirements
to declare financial, proximity and impartiality interests and once declared
follow the legislation as required.
ATTACHMENTS
Please be advised that in order
to save printing and paper costs, all attachments referenced in this paper are
available in the original Agenda document for this meeting.
Disclosure of Interests
Agenda Briefing Ordinary
Council Meeting Special
Meeting
Name of Person Declaring an interest
Position Date
of Meeting
This
form is provided to enable members and officers to disclose an Interest in the
matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the
Local Government Act 1995 and Local Government (Administration) Regulations
1996 34C.
Interest
disclosed
Item No Item
Title
Nature of Interest
Type of Interest Financial Proximity Impartiality
Interest
disclosed
Item
No Item
Title
Nature of Interest
Type of Interest Financial Proximity Impartiality
Interest
disclosed
Item No Item
Title
Nature of Interest
Type of Interest Financial Proximity Impartiality
Declaration
I understand that the above information will be recorded
in the Minutes of the meeting and recorded by the Chief Executive Officer in an
appropriate Register.
Signature Date
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.
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 22 December 2020
COMMENCING
AT 4pm
1. OFFICIAL OPENING
2. ATTENDANCE
Members
Cr I Mickel, AM JP President Rural
Ward
Cr B Parker Deputy
President Rural Ward
Cr J O’Donnell Town
Ward
Cr S McMullen Town
Ward
Cr S Payne, JP 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 Chief
Executive Officer
Mr
M Walker Director
Asset Management
Mr S
McKenzie Acting
Director External Services
Ms
B O’Callaghan Acting
Director Corporate Resources
Mr
R Hindley Manager
Strategic Planning & Land Projects
Miss
A McArthur Executive
Assistant
Miss
S Hawke Trainee
Administration Officer – Executive Services
Members
of the Public & Press
3. APOLOGIES & NOTIFICATION OF GRANTED
LEAVE OF ABSENCE
4. APPLICATIONS FOR LEAVE OF ABSENCE
Officers
Recommendation
That
Council approve the following leave of absence:
Cr Parker 5 December until 24
December 2020
Voting
Requirement Simple
Majority
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 Special Council Meeting of 17
November 2020, the Ordinary Council Meeting of the 24 November 2020, and the
Special Council Meeting of the 1 December 2020 be confirmed as true and
correct records
Voting Requirement Simple Majority
|
11. DELEGATES’ REPORTS WITHOUT
DISCUSSION
|
|
Agenda
Briefing Sessions (14)
|
Ordinary
Council Meetings (14)
|
Special
Council Meetings (9)
|
Annual
Electors Meeting (1)
|
|
Shire President
Cr Ian Mickel
|
14
|
14
|
9
|
1
|
|
Deputy President
Cr Basil Parker
|
13
|
13
|
6
|
1
|
|
Cr Jo-Anne O’Donnell
|
14
|
14
|
7
|
1
|
|
Cr Steve McMullen
|
13
|
14
|
9
|
1
|
|
Cr Shelley Payne
|
14
|
14
|
8
|
1
|
|
Cr Jennifer Obourne
|
13
|
14
|
8
|
1
|
|
Cr Ron Chambers
|
13
|
14
|
8
|
1
|
|
Cr Dale Piercey
|
9
|
12
|
7
|
1
|
|
Cr Wes Graham
|
14
|
13
|
8
|
1
|
12. MATTERS REQUIRING A DETERMINATION OF
COUNCI
12.1 External Services
Item: 12.1.1
Local
Heritage Survey
|
Author/s
|
Nicholas Kleinig
|
Airport Operations Coordinator | Security Contact Officer
|
|
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Scott McKenzie
|
Acting Director External Services
|
File Ref: D18/20623
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to review the
draft Local Heritage Survey and to commence a formal ninety (90) day
advertising process to landowners and the public.
Recommendation in Brief
That Council endorse the
draft Local Heritage Survey and commence a formal ninety (90) day advertising
process to landowners and the public.
Background
In 1996, Council adopted
the first edition of the Municipal Heritage Inventory as prepared by
O’Brien Planning Consultants. The Local Heritage Survey represents a
review of this original document as required under the Heritage Act 2018.
Officer’s Comment
Prior to publishing the
final version of the draft Local Heritage Survey, the document requires formal
adoption by Council. This will involve:
1. Council
endorsement and a formal ninety (90) day advertising period (purpose of this
report);
2. Review
of submissions following the closure of the advertising period and
modifications to the draft document as relevant;
3. Council
adopt the Local Heritage Survey; and
4. Publication and distribution
of the Local Heritage Survey.
It should also be noted
that under the deemed provisions of Local Planning Scheme No. 24 a heritage
list is to be prepared. The Local Heritage Survey will form the basis of the Heritage
List.
Consultation
Since the first edition of
the Municipal Heritage Inventory was published in 1996, a number of submissions
have been received from landowners and the public. These submissions have been
incorporated into the Local Heritage Survey as appropriate.
In addition, landowners
and the public will be afforded further opportunity to comment and provide
formal submissions during the proposed ninety (90) day advertising period.
As a ‘living
document’, comments received post the closure of the proposed advertising
period may be considered for inclusion in future editions.
A number of people have
expressed an interest in obtaining a hard copy of the Local Heritage Survey
once finalised, thus a cost of producing and distributing the document will
need to be set.
A hard copy of the
document will also be given free of charge to the Esperance Museum, Esperance
Library, Esperance Bay Historical Society and the Heritage Council.
A PDF version of the
complete document will be made freely available to download from the Shire of
Esperance website. Any printing by the Shire of Esperance will be charged per
standard fees and charges.
The Guidelines for Local
Heritage Surveys (2019) states that the
consultation process should be consistent with any relevant policy adopted by
the local government, and appropriate for the size and nature of the
stakeholder group. Given the size of the Local Heritage Survey and the range of
sites identified it is considered appropriate to advertise the Survey for 90
day.
Financial Implications
Nil
Asset Management Implications
N/A
Statutory Implications
The statutory implications
associated with this item are:
Heritage Act 2018
103. Local
heritage survey
(1) A
local government must prepare a survey of places in its district that in its
opinion are, or may become, of cultural heritage significance.
State Planning Policy 3.5 Historic Heritage Conservation
(2007) states
that:
“A heritage list
established pursuant to a local planning scheme should be compiled having
regard to the places identified in the inventory. A local government may elect
to include all of those places in its heritage list, or may include a smaller
sub-set of places.
The standard procedures for the compilation of a heritage
list are set out in the Deemed Provisions (Schedule 2 Planning and
Development (Local Planning Schemes) Regulations 2015).
The inclusion or exclusion
of places from a heritage list should be based on their degree of historic
heritage significance, supported by the findings in the inventory, irrespective
of whether they are privately or publicly owned.”
Planning and Development (Local Planning Schemes) Regulations 2015
– Schedule 2
8. Heritage
list
(1) The
local government must establish and maintain a heritage list to identify places
within the Scheme area that are of cultural heritage significance and worthy of
built heritage conservation.
Policy Implications
N/A
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A variety of accessible
sport, recreation, arts and cultural activities that can be pursued by all
Facilitate and support
sport, recreation, arts and cultural activities
Corporate Business Plan 2020/21 – 2023/24
C3 Facilitate and support sport, recreation, arts and
cultural activities
Environmental Considerations
N/A
Attachments
|
a⇨.
|
Draft - Shire of Esperance Local
Heritage Survey - Under Separate Cover
|
|
|
Officer’s Recommendation
That Council endorse the draft
Local Heritage Survey and commence a formal ninety (90) day advertising
process to landowners and the public.
Voting Requirement Simple Majority
|
Item: 12.1.2
Placement
of Fill - Local Planning Policy
|
Author/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Scott McKenzie
|
Acting Director External Services
|
File Ref: D20/35041
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider proceeding with a Local
Planning Policy namely the Placement of Fill – Local Planning Policy
Recommendation in Brief
That Council in accordance with Clause 4(3) of the
Deemed Provisions (set out in the Planning and Development (Local Planning
Schemes) Regulations 2015 Schedule 2) proceed with the ‘Placement of
Fill - Local Planning Policy’ without modification as per Attachment A.
Background
Council at its October 2020 Ordinary Meeting of Council resolved
(O0820-308):
That
Council in accordance with Clause 4 of the Deemed Provisions (set out in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)
prepare the Placement of Fill – Local Planning Policy as contained in
Attachment A.
The draft policy was advertised and is now brought back to
Council to proceed without any modification.
Officer’s Comment
The objectives of the proposed Placement of Fill – Local
Planning Policy are:
· To ensure that the filling of land
does not adversely impact on the amenity or environment of the locality in
which it is being undertaken;
· To ensure that drainage is
appropriately managed;
· To minimise environmental impacts on
surface and groundwater hydrology and vegetation; and
· To ensure visual impact is minimised
on neighbouring properties and the streetscape
· Minimise the potential for the
proposal to create nuisance via dust, sand drift and/or erosion.
The policy will apply to the filling of land in all zones
except ‘rural’ under Local Planning Scheme No. 24 where the lot
size is 4000m2 or greater or located with Special Control Area No. 4
(Public Drinking Water source Protection Areas) or 5 (Wetlands of Significance
and Lake Warden Recovery Catchment).
Consultation
As this policy was amended
under Clause 4.(1) of
the Deemed Provisions (set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2 it was advertised for 21
days.
The Policy was advertised in the Kalgoorlie
Miner on 6 November 2020 with comments closing on 27 November 2020. At the
closure of the advertising period no submissions had been received.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Division 2 of Part 2 of the Deemed Provisions (set out in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)
Planning and Development Act 2005
Policy Implications
This item relates to policy development.
Local Planning Policies are guidelines used to assist the
local government in making decisions under the Local Planning Scheme and may
address land use as well as development requirements. Although Local Planning
Policies are not part of the Local Planning Scheme they must be consistent with,
and cannot vary, the intent of the Local Planning Scheme provisions. In
considering an application for Planning Approval, the local government must
have due regard to a Local Planning Policy as required under Clauses 3(5) and
67 of the Deemed Provisions (set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2.
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments that
enhance the existing built environment
Encourage innovation and
support new development
Corporate Business Plan 2020/21 – 2023/24
New Development
B3 Encourage innovation
and support new development
B3.3 Update and Implement
Local Planning Scheme and Policies
Environmental Considerations
N/A
Attachments
|
a⇩.
|
Placement of Fill - Local Planning
Policy
|
|
|
Officer’s Recommendation
That Council in
accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning
and Development (Local Planning Schemes) Regulations 2015 Schedule 2)
proceed with the ‘Placement of Fill - Local Planning Policy’
without modification as per Attachment A.
Voting Requirement Simple Voting Requirement Simple
Majority
|
Item: 12.1.3
Local
Planning Policy - Holiday Houses
|
Author/s
|
Richard Hindley
|
Manager Strategic Planning & Land Projects
|
|
Authorisor/s
|
Scott McKenzie
|
Acting Director External Services
|
File Ref: D20/35051
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider proceeding with a Local
Planning Policy namely the Holiday House – Development Requirements Local
Planning Policy.
Recommendation in Brief
That Council in accordance with Clause 4(3) of the
Deemed Provisions (set out in the Planning and Development (Local Planning
Schemes) Regulations 2015 Schedule 2) proceed with the ‘Holiday House
– Development Requirements Local Planning Policy’ without
modification as per Attachment A.
Background
Council at its October 2020 Ordinary Meeting of Council resolved
(O0820-307):
That Council in accordance with Clause
4.(1) of the Deemed Provisions (set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2) amend the Holiday House –
Development Requirements Local Planning Policy as contained in Attachment A
subject to the following modifications:
1. Delete from Section 3.5 ‘and where
relevant 3.4’
2. Delete Section 3.4 and renumber the policy
accordingly.
The draft policy was advertised and is now brought back to
Council to proceed without any modification.
Officer’s Comment
A number of changes are proposed to the Policy which
are outlined below with an associated comment:
|
Change
|
|
Minor modification to title to
reference land use
|
|
Correction to land use definition
from ‘Holiday Home’ to ‘Holiday House’
|
|
Amending the provision stating that where a Bushfire Attack Level
Assessment of BAL-40 and BAL-Flame Zone and it cannot be reduced it is
considered inappropriate for a Holiday Home land use and an application for
development approval will be refused.
|
|
Deleting reference to the Disability
(Access to Premises – buildings) Standards 2010 and AS 1428 Design
for Access and Mobility.
|
Consultation
As this policy was amended
under Clause 4.(1) of
the Deemed Provisions (set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2 it was advertised for 21
days.
The Policy was advertised in the Kalgoorlie Miner on 6
November 2020 with comments closing on 27 November 2020. At the closure of the
advertising period no submissions had been received.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Division 2 of Part 2 of the Deemed Provisions (set out in the
Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2)
Planning and Development Act 2005
Policy Implications
This item relates to policy development.
Local Planning Policies are guidelines used to assist the
local government in making decisions under the Local Planning Scheme and may
address land use as well as development requirements. Although Local Planning
Policies are not part of the Local Planning Scheme they must be consistent
with, and cannot vary, the intent of the Local Planning Scheme provisions. In
considering an application for Planning Approval, the local government must
have due regard to a Local Planning Policy as required under Clauses 3(5) and
67 of the Deemed Provisions (set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2.
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments that
enhance the existing built environment
Encourage innovation and
support new development
Corporate Business Plan 2020/21 – 2023/24
New Development
B3 Encourage innovation
and support new development
B3.3 Update and Implement
Local Planning Scheme and Policies
Environmental Considerations
N/A
Attachments
|
a⇩.
|
Holiday House – Development
Requirements Local Planning Policy
|
|
|
Officer’s Recommendation
That Council in accordance with Clause 4(3) of
the Deemed Provisions (set out in the Planning and Development (Local
Planning Schemes) Regulations 2015 Schedule 2) proceed with the
‘Holiday House – Development Requirements Local Planning
Policy’ without modification as per Attachment A.
Voting Requirement Simple Majority
|
Item: 12.1.4
Trading
Permit - Rotary Club of Esperance
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Author/s
|
Paul Clifton
|
Manager Development & Statutory Services
|
|
Authorisor/s
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Scott McKenzie
|
Acting Director External Services
|
File Ref: D20/35759
Applicant
Rotary Club of Esperance
Location/Address
Lot: 103 Pln: 209686 (Reserve 2815) - Grassed area
behind Museum opposite the Whale Tail.
Executive Summary
The Rotary Club of Esperance (RCE) are seeking
approval to trade (sell food) during December 2020 and January 2021 at the
grassed area adjacent to the Esperance Museum behind the Whale Tail on Reserve
2815.
Recommendation in Brief
That Council:
1. Approve the
Rotary Club of Esperance to trade (sell food) from Reserve 2815 for the period
of December 2020 and January 2021 as a trial, and
2. Charge the Rotary
Club of Esperance the Community Group/Charity Fee as per the Fees and Charges
($11), and
3. Report back to
Council any outcomes of the trial as part of the review process of EXT 030
Trading in Public Places Policy.
Background
A number of community groups and mobile food vendors
have been invited to trade (sell food) to people from the Greater Sports Ground
during the period that the Overflow Camping is operating.
The Rotary Club of Esperance have responded to the
Shire’s invite and offered an alternate proposal as outlined above. RCE
have indicated that they have canvassed the local fish and chip retailers who
have advised them that they are in favor for the RCE to provide food as this
would relieve stress at peak times on their own outlets.
Officer’s Comment
EXT 030 Trading in Public Places Policy identifies
locations where mobile food vans are able to operate taking into account such
things as the location of established bricks and mortar food businesses.
The location proposed by the RCE is inconsistent with
the policy in terms of Section 3.1 General Location and Siting requirements.
Clause 3.1.3 states that mobile food vendors are not (to trade) within 300
metres of a permanent food business during its normal hours of operations.
There are a number of established food businesses that operate within 300m of
the proposed location.
The proposal could assist with the expected influx of
tourist over the upcoming festive period seeking takeaway food. A number of
food businesses have indicated that they may be unable to cope with the
expected demand over the upcoming summer period. The RCE proposal may assist
with the delivery of food services to Esperance over the expected busy period.
The 300 metre is distance between mobile food vendors
and established food premises is an arbitrary measure set by Council and so can
be amended should it be considered necessary. The RCE proposal could be used to
elicit views as to this measure in future reviews of the Trading in Public
Places Policy.
As this proposal is inconsistent with the policy, any
other expressions of interest for this location would require Council
consideration during a period of time that Council are unlikely to meet.
Option
Alternate Option
That Council refuse the proposal as it is outside of the
Trading in Public Places Policy.
Consultation
Rotary Club of Esperance have advised the Shire they have
canvassed with local fish and chip retailers.
Financial Implications
Charges set as per Council Fees and Charges 2020/2021.
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are:
Food Act 2008
Shire of Esperance Activities in Thoroughfares and Public
Places and Trading Local Law 2016
EXT 030 Trading in Public Places Policy
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Active volunteers
supporting organisations and activities that bring the community together.
Encourage and support
volunteers and community groups
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Letter - Request from Rotary Club
of Esperance
|
|
|
Officer’s Recommendation
That Council:
1. Approve
the Rotary Club of Esperance to trade (sell food) from Reserve 2815 for the
period of December 2020 and January 2021 as a trial, and
2. Charge
the Rotary Club of Esperance the Community Group/Charity Fee as per the Fees
and Charges ($11), and
3. Report
back to Council any outcomes of the trial as part of the review process of
EXT 030 Trading in Public Places Policy.
Voting Requirement Simple Majority
|
Item: 12.1.5
RFDS
Wood Cutting Group - Waste Disposal Options
|
Author/s
|
Georgia Ryan
|
Acting Manager Council Enterprises
|
|
Authorisor/s
|
Scott McKenzie
|
Acting Director External Services
|
File Ref: D20/35771
Applicant
McD’s Contracting Pty Ltd on behalf of Royal
Flying Doctors Service (RFDS) – Wood Cutting Group
Location/Address
2 Sinclair Street Castletown WA 6450 (McD’s
Contracting Pty Ltd yard)
Executive Summary
For Council to consider granting the RFDS Wood Cutting Group free
disposal of waste deriving from fundraiser firewood cutting operations.
Recommendation in Brief
That Council grant free disposal to the RFDS Wood
Cutting Group to allow disposal of waste bark, small branches, leaf litter, saw
cuttings and soil from their firewood operations at 2 Sinclair St, Castletown
until 31 December 2021.
Background
The RFDS Wood Cutting Group have been working out of McD’s
Contracting yard at 2 Sinclair Street Castletown since 2014. They have been
using the donated space to receive trees from a variety of sources including
McD’s Contracting, local private tree loppers and the Shire of Esperance.
The trees have been cut to produce fire wood, which is then sold as a
fundraiser for the RFDS. The waste bark, small branches, leaf litter, saw
cuttings and soil has accumulated over time and now requires disposal.
The material would be classed as uncontaminated fill/general waste
which incurs a fee of $47.00 per m3 as it does not meet the criteria of Green
Waste or Clean Fill which is received at no charge.
A letter was received from McD’s Contracting on
behalf of the RFDS – Wood Cutting Group. The letter outlined the
fundraising basis of the Group and impost that such disposal fees would have on
the organisation.
Officer’s Comment
Uncontaminated fill is material that is not contaminated
with general refuse, asbestos, etc and is generally soil and organic matter.
This particular material may be deemed uncontaminated
fill and therefore could be stockpiled for use as a cover material for the
landfill. Generally uncontaminated fill is charged as general waste as
per the Shire’s Fees and Charges.
The RFDS Wood Cutting group raise significant funds
for a not for profit group (Royal Flying Doctors Service) which provide an
important service to the entire Esperance community and therefore for this
reason it is recommended that the fee be waived.
Consultation
McD’s Contracting Pty Ltd
Financial Implications
If the recommendation is accepted, the Shire would forego the
income from the gate fee that would have been otherwise recovered for this
material. If the estimate from McD’s Contracting is correct
(500-600m3) the foregone income is $23,500- $28,200.
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Natural Environment
A community that is
empowered and motivated to minimise waste
Targeted reduction of
waste with an emphasis on resource recovery and waste minimisation
Corporate Business Plan 2020/21 – 2023/24
Best Practice Waste
Management
N2 Targeted reduction of
waste with an emphasis on resource recovery and waste minimisation
Environmental Considerations
Nil
Attachments
|
a⇩.
|
McD's Contracting Pty Ltd Letter of
support for RFDS Wood Cutting Group
|
|
|
Officer’s Recommendation
That Council grant free disposal to
the RFDS Wood Cutting Group to allow disposal of waste bark, small branches,
leaf litter, saw cuttings and soil from their firewood operations at 2
Sinclair St Castletown until 31 December 2021.
Voting Requirement Simple Majority
|
Item: 12.1.6
Trading
Permit Application - Emily Payne Trading as "Westies"
|
Author/s
|
Katie Walker
|
Administration Officer
|
|
Authorisor/s
|
Paul Clifton
|
Manager Development & Statutory Services
|
File Ref: D20/36374
Applicant
Emily Payne – Trading as Westies
Location/Address
Twilight Beach – Lot: 301 Pln: 69376 – Reserve #
50765 for the purpose of Recreation with a Management Order to Shire of
Esperance with power to lease.
Executive Summary
Emily Payne, trading as Westies, is seeking approval
to trade (sell food & miscellaneous items) during December 2020 and January
2021 Twilight Beach
– Lot: 301 Pln: 69376 – Reserve # 50765 for the purpose of
Recreation with a Management Order to Shire of Esperance with power to lease.
Recommendation in Brief
That Council:
1. Approve Westies
to trade (sell food & miscellaneous items) from Reserve 50765 as per the
application of 6 weeks during summer school holidays as a trial, and
2. Pro-rata the
annual Mobile Food Business fee to suit the proposed timeframe, and
3. Report back to
Council any outcomes of the trial as part of the review process of EXT 030
Trading in Public Places Policy.
Background
The van known as Westies, has previously applied to
operate at this location however, required further works to ensure that the
food business is compliant with statutory requirements. The applicant has
advised the required works have been completed. The applicant is proposing to
serve prepackaged drinks, prepackaged ice creams, hamburgers using precooked
frozen burgers, breakfast sandwiches and hot drinks along with miscellaneous
items such as sunblock and surf wax in the hope that the operation may assist
with demand during the peak summer period.
Under the current Trading in Public Places Policy the
proposed location is included. There has been a review of this policy and as it
was has been deemed that lease area is considered as a permanent business,
therefore other traders in this area selling similar products cannot be
approved due to clause 3.1.3 stating that mobile food vendors are not (to
trade) within 300 metres of a permanent food business during its normal hours
of operations.
Officer’s Comment
Prior to commencement, the food business registration
process of “Westies” will need to be completed. Documents to
facilitate the registration have been provided to the applicant.
EXT 030 Trading in Public Places Policy identifies
locations where mobile food vans are able to operate taking into account such
things as the location of established bricks and mortar food businesses.
The location proposed by the applicant is inconsistent
with the policy in terms of Section 3.1 General Location and Siting
requirements. Clause 3.1.3 states that mobile food vendors are not (to trade)
within 300 metres of a permanent food business during its normal hours of
operations. There is a current lease at within Reserve 50765 which has been
considered as an established food businesses, though it should be noted that
“Westies” will sell a number of different foods and other products
to the adjacent food business.
The proposal could assist with the expected influx of
tourist over the upcoming festive period seeking takeaway food. A number of
food businesses have indicated that they may be unable to cope with the
expected demand over the upcoming summer period. The proposal may assist with
the delivery of food services to Esperance over the expected busy period. Given
the apparent inconsistency of the current lease operator trading, allowing this
as a trial may allow for a future consideration of multiple mobile food vans at
this location.
The 300 metre is distance between mobile food vendors
and established food premises is an arbitrary measure set by Council and so can
be amended should it be considered necessary. The proposal could be used to
elicit views as to this measure in future reviews of the Trading in Public
Places Policy.
As this proposal is inconsistent with the proposed
policy, any other expressions of interest for this location would require
Council consideration during a period of time that Council are unlikely to
meet.
Option
Alternate Option:
Given that the current policy has been reviewed, community
consultation period held and closed with no comments made and ready for
adoption, Council may refuse the proposal as it is outside of the
‘new’ Trading in Public Places Policy.
Consultation
Due to the application being received late and this
report being a late agenda item, at the time of the report preparation there
has been no consultation with the existing lease holder. The lease holder will
be notified of this agenda item prior to Council briefing.
Financial Implications
That Council allow for pro-rata of the annual fee.
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
Mobile Food Business
– Annual Fee
|
|
Minimum Rate
|
$134.17 (pro-rata)
|
-$1,031.83
|
|
|
|
|
|
|
|
Net result
|
|
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are:
Food Act 2008
Shire of Esperance Activities in Thoroughfares and Public
Places and Trading Local Law 2016
EXT 030 Trading in Public Places Policy
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
Nil
|
Officer’s Recommendation
That Council:
1. Approve Westies to trade (sell food
& miscellaneous items) from Reserve 50765 as per the application of 6
weeks during summer school holidays as a trial;
2. Pro-rata the annual Mobile Food
Business fee to suit the proposed timeframe; and
3. Report back to Council any outcomes
of the trial as part of the review process of EXT 030 Trading in Public
Places Policy.
Voting Requirement Simple Majority
|
12.2 Asset Management
Item: 12.2.1
Noel
White Pavilion Name
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/35511
Applicant
Internal
Location/Address
Greater Sports Ground, Esperance.
Executive Summary
For Council to consider changing the of the
“Noel White Pavilion” to the “Noel White Centre”
Recommendation in Brief
That Council renames the Noel White Pavilion to the
Noel White Centre.
Background
The Noel White Pavilion was opened in 1964 after Noel
White donated a substantial contribution to get the building fund started.
Tragically Noel White passed away in 1960 and the building was renamed the Noel
White Memorial Hall. At some stage the name has reverted back to the Noel White
Pavilion as we know it today.
As part of the redevelopment of the Noel White
Pavilion, the function of the building has changed from its primary use as
pavilion to an administration building. Given this change in use it is
appropriate to consider changing the “Pavilion” part of the name to
something more appropriate. In Consultation with the Esperance & Districts
Agricultural Society who have also liaised with the granddaughter of Noel White
on the change of the building name to the “Noel White Centre” is
considered appropriate by all.
Officer’s Comment
Given that the function of the building has changed as
part of the current redevelopment of the building, it is appropriate to
consider that the name of the building be tweaked to reflect its future use as
an administration center. Further to this the Shire will be looking to install
a plaque on the building to recognise the contribution that Noel White made to
the building, the Esperance and Districts Agricultural Show and the Esperance
community.
Consultation
Esperance & Districts Agricultural Society (Inc.)
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Policies and Standards for Geographical Naming in Western
Australia
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A variety of accessible
sport, recreation, arts and cultural activities that can be pursued by all
Facilitate and support
sport, recreation, arts and cultural activities
Corporate Business Plan 2020/21 – 2023/24
B1.3 Refurbishment of Noel White Pavilion
Environmental Considerations
Nil
Attachments
Nil
|
Officer’s Recommendation
That Council renames the
“Noel White Pavilion” to the “Noel White Centre”.
Voting Requirement Simple Majority
|
Item: 12.2.2
Esperance
Mountain Bike Feasibility Study
|
Author/s
|
Dylan Gleave
|
Manager of Parks & Environment
|
|
Authorisor/s
|
Mathew Walker
|
Director Asset Management
|
File Ref: D20/35733
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider the Esperance Mountain Bike Feasibility Study.
Recommendation in Brief
That Council
1. Endorses
the Shire of Esperance Mountain Bike Feasibility Study developed by Common
Ground Trails;
2. Request
the CEO to:
a. Investigate
funding and resources to implement the priority projects at the identified
sites recommended in the Shire of Esperance Mountain Bike Feasibility Study;
and
b. Undertake
consultation with key stakeholders around individual projects in line with the
Western Australian Mountain Bike Management Guidelines when implementing the
projects.
Background
Almost 20% of the Western Australian population
identifies as a bike rider. Recreational cycling is growing in popularity and
the development of recreational cycling facilities are becoming more common,
not just across Australia, but across the world. Cycling facilities vary in
their purpose, scale, design, material, cost and popularity.
There is currently one sanctioned mountain bike trail
network in the Shire of Esperance – ‘The Piggery’.
Development of unsanctioned trails within the Shire indicates a keen desire for
additional riding areas or varying technical difficulty. Mountain biking is one
of the world’s fastest growing recreational, sport and tourism activities.
The recent rapid rise of mountain biking now provides the Shire with a unique
opportunity to develop a suite of sites for mountain bike trail and facility
development to meet the needs of the local community and visitors to the Shire
of Esperance. The continued growth in the sport has led to a situation where
the demand for mountain biking experiences significantly exceeds supply.
Unsanctioned trail creation and usage is an issue and may negatively affect
sensitive landscapes and the environment, cause conflict with other land uses
and activities, and increase risk and liability for landowners and land
managers.
The Shire has identified a desire for recreational
cycling facilities within the Shire to service the youth population and
existing bike riders. Development of facilities within close proximity to the
town will allow the resident population to benefit from the physical, mental
and social benefits of cycling. The Shire engaged Common Ground Trails to
undertake community consultation and develop a Mountain Bike Feasibility Study,
including site development recommendations and priorities and cost estimates,
which respond to the community needs, sites and location characteristics and
mountain bike trail development opportunities.
Officer’s Comment
The Esperance Mountain Bike Feasibility Study has been
completed and is included in attachment A and B has. The feasibility study has
recommended a suite of priority sites for potential mountain bike trail and
facility development to cover the recreation opportunity spectrum, creating
experiences for beginners through to advanced riders.
The intention of the Esperance Mountain Bike
Feasibility Study is to identify suitable sites that would be suitable for
sustainable mountain bike trail and facility development to meet the needs of
the local community and visitors to the Shire of Esperance. It is in line with
recommendations within the Western Australian Mountain Bike Strategy and is
intended to guide the Shire of Esperance in selecting priority sites for
sustainable mountain bike trail and facility development.
In the development of the Esperance Mountain Bike
Feasibility Study the following methodology was followed guided by the Western
Australian Mountain Bike Management Guidelines. An online survey was
undertaken to gain a clear understanding of desire for recreational cycling
facilities within the Shire of Esperance. The survey identified preferred trail
type, preferred facility type, preferred locations, and gave an indication of
demand for opportunities within the Shire and around the Esperance town site.
The Survey results were analysed and assessed against areas identified by Shire
Officers. Each site was assessed for suitability and then priority sites were
identified for a development of either community, local, or regional scale.
Site assessments were undertaken on site with the Esperance mountain bike
community and key stakeholders. The results of the site assessments and
recommendations have been fed back to the Esperance mountain bike community and
key stakeholders.
Final recommendations were made based on:
· Accessibility and connectivity
· Existing facilities and infrastructure
· Existing land use
· Land availability
· Land tenure
· Social, economic and environmental values
The suite of priority sites identified within the
study are recommendations based on professional opinion, the identified needs
and desires of the local community, and consideration into social, economic and
environmental impacts of sustainable mountain bike trail and facility development.
The priority sites have been identified as suitable for specific types of
mountain biking trail and facility development, but still require planning
utilising the 8 Step Trail Development Process guided by the Western Australian
Mountain Bike Management Guidelines. All identified sites require further
planning, consultation and concept design.
In implementing the Esperance Mountain Bike
Feasibility Study and future trail and mountain bike facility development the
Shire would meet the needs of growing participation in mountain biking and
provide exciting cycling opportunities for the Shire of Esperance residents and
visitors.
Consultation
Community Consultation Phase 1 – Online
consultation via Social Pinpoint
Community Consultation Phase 2 – Face to Face
consultation on site during site assessments with Esperance Mountain Bike
Association (EMBA), Esperance mountain bike riders, community members, Local
Environmental Action Forum (LEAF) and other key stakeholders.
Community Consultation Phase 3 – Online Zoom
Meeting on Draft Esperance Mountain Bike Feasibility Study with Esperance
Mountain Bike Association (EMBA) and Esperance mountain bike riders.
Direct consultation with key stakeholder during the
duration of the project and development of the Esperance Mountain Bike
Feasibility Study.
Financial Implications
The Esperance Mountain Bike Feasibility Study 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 study.
Asset Management Implications
The Esperance Mountain Bike Feasibility Study will help guide
the Shire in priority
sites for potential mountain bike trail and facility development to cater for the needs of the
community and mountain bike riders.
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
Environmental Considerations
The Esperance Mountain Bike Feasibility Study
undertook an initial environmental assessment of identified sites. All
identified priority sites required further planning, consultation and concept
design. All mountain bike trails should be developed to meet the specifications
outlined with the Western Australian Mountain Bike Management Guidelines and
environmental considerations will be incorporated into the detailed design and
planning stages.
Attachments
|
a⇨.
|
Esperance Mountain Bike Feasibility
Study - Under Separate Cover
|
|
|
b.
|
Esperance Mountain Bike Feasibility
Study - Appendix Private Property Site - Confidential - Under Separate
Cover
|
|
|
Officer’s Recommendation
That Council
1. Endorses the Shire of Esperance Mountain Bike
Feasibility Study developed by Common Ground Trails;
2. Request
the CEO to:
a. Investigate
funding and resources to implement the priority projects at the identified
sites recommended in the Shire of Esperance Mountain Bike Feasibility Study;
and
b. Undertake
consultation with key stakeholders around individual projects in line with
the Western Australian Mountain Bike Management Guidelines when implementing
the projects.
Voting Requirement Simple Majority
|
Item: 12.2.3
Condingup
Niche Wall
|
Author/s
|
Mathew Walker
|
Director Asset Management
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/35743
Applicant
Internal
Location/Address
Condingup Recreation Reserve
Executive Summary
For Council to consider approving the Condingup Niche
Wall as a place ashes can be interred
Recommendation in Brief
That Council:
1. Approve
the Condingup Niche Wall for interment of ashes; and
2. Applies
the same operating procedures, process, and Fees and Charges that currently
apply to the Esperance Cemetery Niche Wall to the Condingup Niche Wall.
Background
The Condingup Niche Wall project has been progressed
by the Condingup community for the past 10+ years. In the 2017/18 budget
Council allocated funding towards the projects, this resulted in the community
undertaking research into the design of the Niche Wall and the appropriate
location, this resulted in community requesting further funds to complete the
project. As part of the Condingup Recreation Centre Redevelopment currently
underway the location was changed to better fit in with the redevelopment. The
Condingup Niche Wall is now under construction and is due to be completed in
March 2021.
Officer’s Comment
In preparation for the completion of the Condingup
Niche Wall in March 2021, Council (acting as the Cemetery Board) is required to
approve the area for interment of ashes under its control. It is also proposed
that the operating procedures, process, and Fees and Charges that currently
apply to the Niche Wall at the Esperance Cemetery apply to the Condingup Niche
Wall.
As the interment of ashes are excluded from the
Cemeteries Act 1986, no other approvals or proclamations are required, which
would be the case for a proposed cemetery where burials were going to happen.
Consultation
Department of Local Government, Sport and Cultural
Industries
Condingup District Recreation Association
Financial Implications
The Shire has contributed $20,000 towards the construction of
the Condingup Niche Wall. The Shire will receive an income for each niche
purchased which will cover the cost of placing the ashes in the Niche Wall.
Asset Management Implications
The Condingup Niche Wall will become a Shire asset once
construction is finished.
Statutory Implications
Cemeteries Act
Shire of Esperance Cemeteries Local Law
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 2020/21 – 2023/24
L2.1 Manage Asset Management Directorate
Environmental Considerations
Nil
Attachments
Nil
|
Officer’s Recommendation
That Council:
1. Approve
the Condingup Niche Wall for interment of ashes; and
2. Applies
the same operating procedures, process, and Fees and Charges that currently
apply to the Esperance Cemetery Niche Wall to the Condingup Niche Wall.
Voting Requirement Simple Majority
|
12.3 Corporate Resources
Item: 12.3.1
Lease
Renewal Request - Goldfields Air Services - Airport Car Hire Desk 3
|
Author/s
|
Sarah Walsh
|
Coordinator Governance & Corporate Support
|
|
Authorisor/s
|
Beth O'Callaghan
|
Acting Director Corporate Resources
|
File Ref: D20/34184
Applicant
Goldfields Air Services
Location/Address
Portion of the Esperance Airport Terminal, Lot 15
Coolgardie-Esperance Highway Gibson
Executive Summary
For Council to consider renewing the lease with
Goldfields Air Services for Car Hire Desk 3 within the Esperance Airport
Terminal for a further 12 months.
Recommendation in Brief
That Council agrees to renew the lease with Goldfields
Air Services for Car Hire Desk 3 within the Esperance Airport Terminal for a
further 12 months.
Background
In September 2017, Goldfields Air Services began
leasing this area as a booking desk for their flight services out of Esperance.
These services are predominantly scenic flights with some flight training and
charter flights as required.
The lease was renewed in 2018 for 12 months and again
in 2019 for a further 12 months.
The current lease expired in September 2020 and has
been operating under its holding over clause since this time while Goldfields
Air Services reviewed their situation due to the impact of COVID-19.
Goldfields Air Services have now advised that they
wish to renew their lease for a further twelve (12) month term.
Officer’s Comment
As per s.3.58(4)(c)(i) of the Local Government Act
1995, to determine the market value of the disposition we require a rental
valuation to be carried out, not more than 6 months prior to the proposed
disposition. In this instance, it is proposed that we utilise s.3.58(4)(c)(ii)
of the Act for determining the market value of the disposition. This clause
states “as declared by a resolution of the local government on the basis
of a valuation carried out more than 6 months before the proposed disposition
that the local government believes to be a true indication of the value at the
time of the proposed disposition.”
The Shire obtained an independent rental valuation in
November 2015 for airport terminal rental space; the valuation was $250.00 (ex
GST) per m2/p.a. In September 2017, Council resolved to use this
November 2015 valuation to determine the annual lease fee for Goldfields Air
Services following discussions with a local registered valuer at that time.
Discussions with a local registered valuer held in
2018 and 2019 determined that rental valuations in the Esperance Area had not
changed significantly over the previous lease periods and so this valuation was
utilised once again, however CPI was applied which increased the annual rent by
$15.13 Inc GST in 2018 and $22.24 Inc GST in 2019, based on the June All Groups
CPI for Perth for 2018 and 2019.
Recent discussion with a local registered valuer determined
that rental values in the Esperance Area have not changed significantly since
the valuation was undertaken in November 2015. As such it is recommended that
this valuation be utilised once again, however with no CPI increase being
applied due to the current freeze on fees due to COVID-19. This will result in
the annual rent for 2020 remaining at the same amount as the 2019 rent, being
$1,412.37 Inc GST.
Consultation
Goldfields Air Services
Acting Manager Council Enterprises
Airport Operations Coordinator
Herron Todd White
Financial Implications
Lease preparation fees of $570 Inc GST
Annual lease fee of $1,412.37 Inc GST
Aircraft parking fees of $699.63 Inc GST per annum, per
aircraft
Hire fees for use of the meeting room to be charged as per
the Shire’s Schedule of Fees and Charges
Landing fees to be charged as per the Shire’s Schedule
of Fees and Charges and are charged and collected by Avdata on behalf of the
Shire of Esperance.
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – s3.58 Disposing of Property
Policy Implications
COR004: Building and Property Leases
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
Manage Shire Leases and Insurance
Environmental Considerations
Nil
Attachments
Nil
|
Officer’s Recommendation
That Council;
1. Enter
into a Lease for the portion of Esperance Airport Terminal building, Lot 15
Coolgardie-Esperance Highway Gibson, known as Car Hire Desk 3 to Goldfields
Air Services;
2. The
term of the lease being 12 months;
3. Lease
rental being $1,412.37 Inc GST and that Council consider the valuation
obtained in November 2015 to be a true indication of the current market
rental rate;
4. Lease
preparation fee of $570 Inc GST being payable;
5. Landing
fees being charged as per the Shire Schedule of Fees and Charges, with
practice approach charges waived for training aircraft;
6. Hire
fees for use of the meeting room being charged as per the Shire Schedule of
Fees and Charges;
7. Aircraft
parking fees being $699.63 Inc GST per annum, per aircraft;
8. Terminal
service fees being waived for scenic flight passengers; and
9. The
disposition being advertised in accordance with Section 3.58 of the Local
Government Act 1995 for Disposal of Property.
Voting Requirement Simple Majority
|
Item: 12.3.2
Lease
Renewal Request - Esperance RSL Sub Branch - Leopard Tank
|
Author/s
|
Sarah Walsh
|
Coordinator Governance & Corporate Support
|
|
Authorisor/s
|
Beth O'Callaghan
|
Acting Director Corporate Resources
|
File Ref: D20/34230
Applicant
RSLWA Esperance Sub Branch
Location/Address
Portion of Reserve 6206, 86 Dempster Street Esperance
Executive Summary
For Council to consider entering into a new lease with
the Esperance RSL Sub Branch for the Leopard Tank Display Site.
Recommendation in Brief
That Council agrees to enter into a new lease with the
Esperance RSL Sub Branch for the Leopard Tank Display Site.
Background
In August 2010 Council resolved to approve a
development application for placement of a decommissioned leopard tank on the
site, subject to a lease agreement being put in place. This lease began in
November 2010 and expired 31 October 2020.
The Esperance RSL Sub Branch has requested an
extension to the lease for a period of 21 years.
Officer’s Comment
Discussions with Shire officers have not identified
any concerns with the location of the Tank site or the lease being renewed. It
is not expected that the development of the James Street Cultural Precinct will
impact this site and therefore it is recommended that the lease be renewed.
Under section 30(2)(b) of the Local Government
(Functions and General) Regulations 1996, this disposition of property is
exempt from advertising requirements under s.3.58 of the Local Government Ac
1995 as the land is being disposed of to a body;
(i) The
objects of which are of a charitable, benevolent, religious, cultural,
educational, recreational, sporting or other like nature; and
(ii) The
members of which are not entitled or permitted to receive any pecuniary profit
from the body’s transactions.
Consultation
Manager Strategic Planning and Land Projects
Manager Economic and Community Development
Esperance RSL Sub Branch
Financial Implications
Annual lease fee of $110 Inc GST
Lease preparation fee of $130 Inc GST
Asset Management Implications
Nil – tank is owned and maintained by the Esperance RSL
Sub Branch
Statutory Implications
Local Government Act 1995 – s.3.58 Disposing of
Property
Local Government (Functions and General) Regulations 1996
– s.30(2)(b) Dispositions of property excluded from Act s3.58
Land Administration Act 1997 – s.18 Crown land
transactions that need Minister’s approval
Policy Implications
Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A Community where everyone
feels welcome, involved and connected to each other
Provide services,
facilities and information that are inclusive and accessible
Corporate Business Plan 2020/21 – 2023/24
Manage Shire Leases and Insurances
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Request for Lease - Esperance RSL
Sub Branch
|
|
|
Officer’s Recommendation
That Council, subject to Department
of Lands’ approval;
1. Enter into
a new lease with the Esperance RSL Sub Branch for portion of Lot 307, 86
Dempster Street Esperance, Reserve 6206;
2. Term of the
lease being 21 years;
3. Lease
preparation fee of $130 Inc GST being payable;
4. Annual
lease fee of $110 Inc GST being payable; and
5. All lease
terms and conditions to be as per Council’s Standard Sporting and
Community Group Lease.
Voting Requirement Simple Majority
|
Item: 12.3.3
Financial
Services Report - November 2020
|
Author/s
|
Beth O'Callaghan
|
Acting Director Corporate Resources
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/34373
Attachments
|
a⇩.
|
Financial Services Report -
November 2020
|
|
|
Officer’s Recommendation
That the report entitled Monthly
Financial Management Report (incorporating the Statement of Financial
Activity) for the month of November 2020 as attached be received.
Voting Requirement Simple Majority
|
22 December 2020 Page
104
Item: 12.3.4
Policies
EXT 015 and EXT 030
|
Author/s
|
Sarah Walsh
|
Coordinator Governance & Corporate Support
|
|
Authorisor/s
|
Beth O'Callaghan
|
Acting Director Corporate Resources
|
File Ref: D20/36268
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to consider endorsing the amended EXT 015:
Outdoor Personal Training in Public Places and EXT 030: Trading in Public
Places policies.
Recommendation in Brief
That Council endorse the amended EXT 015: Outdoor
Personal Training in Public Places and EXT 030: Trading in Public Places
policies.
Background
In the Ordinary Council Meeting held in October 2020,
these reviewed policies were put forward with Council resolving the following;
That Council
1. Endorse the following Policies inclusive of additions, deletions and
amendments;
· EXE 019: Risk Management;
· ASS 025: Internal Drone (Remotely Piloted
Aircraft System) Use
· New: Electoral Caretaker Period; and
2. Authorises the Chief Executive Officer
to undertake a 30 day advertising and consultation period for the following
proposed policies;
· EXT 015: Outdoor Personal Training in
Public Places; and
· EXT 030: Trading in Public Places.
Officer’s Comment
The policies were advertised in the Kalgoorlie Miner
on 7 November 2020 for public consultation. The advertising period closed on 8
December 2020, with no submissions being received.
Therefore it is recommended that these amended
policies be endorsed by Council.
Consultation
Manager Development and Statutory Services
Administration Officer
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – s.2.7(2)(b) Determine Local
Government’s policies
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
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
Manage Corporate Resources Directorate
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Policies EXT 015 and EXT 030
|
|
|
Officer’s Recommendation
That Council endorse the amended EXT 015:
Outdoor Personal Training in Public Places and EXT 030: Trading in Public
Places policies.
Voting Requirement Simple Majority
|
22 December 2020 Page
119
22 December 2020 Page
120
12.4 Executive Services
Item: 12.4.1
Information
Bulletin - November 2020
|
Author/s
|
Sofie Hawke
|
Trainee Administration Assistant - Executive Services
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/34365
Applicant
Internal
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
Attachments
|
a⇩.
|
Information Bulletin - November
2020
|
|
|
b⇨.
|
Corporate Performance Report -
November 2020 - Under Separate Cover
|
|
|
c⇩.
|
Delegations Discharge –
Corporate Resources
|
|
|
d⇩.
|
Notification - WA Environment
Recovery Plan Update - Minister for Environment - 2020/11/09
|
|
|
e⇩.
|
Certificate of Appreciation -
Esperance Senior High School - 2020
|
|
|
f⇩.
|
Congratulations - Volunteer
Employee Recognition Awards - DFES - 2020
|
|
|
g⇩.
|
Rates Comparison Report 2020
|
|
|
h⇩.
|
Letter of Appreciation - Donation -
Esperance Senior High School
|
|
|
Officer’s Recommendation
That Council accepts:
1. Information
Bulletin - November 2020
2. Corporate
Performance Report - November 2020
3. Delegations
Discharge - Corporate Resources
4. Notification
- WA Environment Recovery Plan Update - Minister for Environment - 2020/11/09
5. Certificate
of Appreciation - Esperance Senior High School - 2020
6. Congratulations
- Volunteer Employee Recognition Awards - DFES – 2020
7. Rates
Comparison Report 2020
8. Letter
of Appreciation - Donation - Esperance Senior High School
Voting Requirement Simple Majority
|
22 December 2020 Page
121
22 December 2020 Page
130
22 December 2020 Page
132
22 December 2020 Page
133
22 December 2020 Page
134
22 December 2020 Page
135
22 December 2020 Page
136
22 December 2020 Page
137
Item: 12.4.2
Esperance
Tourism Strategy
|
Author/s
|
Trevor Ayers
|
Manager Community & Economic Development
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/35273
Applicant
Internal Report
Location/Address
N/A
Executive Summary
For Council to consider endorsing and advertising the
draft tourism strategy for feedback prior to being finalised.
Recommendation in Brief
That the draft strategy be received by Council and
advertised for public submissions prior to being finalised.
Background
The Esperance Tourism Strategy is being prepared on
behalf of the Shire by TRC Tourism. This project commenced in February 2020,
with some delays experienced due to COVID restrictions occurring not that long
later.
TRC Tourism have undertaken a range of stakeholder and
community discussions, both over the phone and video link as well as in-person.
The culmination of this work is the draft strategy document (attached).
Officer’s Comment
The tourism strategy is a whole of Esperance document
that has been developed through consultation with stakeholders and interested
members of the community. It includes a range of proposed actions that have
been developed from the input received. It is important that all of the people
involved in the consultation up to this stage, along with any other interested
parties have the opportunity to provide feedback on the final product to ensure
the outcomes of the strategy are supported prior to it being finalised.
It is proposed that the strategy be advertised for
public submissions for a period of 8 weeks. This is due to the advertising
period coinciding with the peak tourism season in Esperance and a desire to
enable all interested party’s the time to absorb the information within
the strategy and provide comment.
Consultation
There is a list of people consulted within the
strategy document.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Growth And Prosperity
Esperance is a vibrant
and welcoming destination
Lead the promotion of
Esperance as a destination of choice
Environmental Considerations
Nil
Attachments
|
a⇨.
|
Draft Esperance Tourism Strategy
- Under Separate Cover
|
|
|
Officer’s Recommendation
That Council
1.
Endorse the Draft Esperance Tourism Strategy.
2.
Request the Chief Executive Officer to advertise the Draft Esperance Tourism
Strategy for public submissions for a period of 8 weeks.
Voting Requirement Simple Majority
|
22 December 2020 Page
139
Item: 12.4.3
Budget
Amendment- Development Area 3 Properties
|
Author/s
|
Trevor Ayers
|
Manager Community & Economic Development
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/34433
Applicant
Internal Report
Location/Address
N/A
Executive Summary
For Council to consider a budget amendment to allow
the purchase of Development Area 3 blocks.
Recommendation in Brief
That Council amend the 2020/21 budget to enable
ongoing purchase of lots from within Development Area 3.
Background
Purchase of lots within Development Area 3 has been a
long-standing position of Council. The current process commenced in 2004.
At the December 2016 Ordinary Council Meeting the
following was resolved by Council:
4. Requests
the Chief Executive Officer to write to all remaining private owners of land
within Development Area 3.
a. reiterating
the Council’s preparedness to purchase lots within this area for $3,000
plus a waiver of the current years rates and waste levy;
A letter was issued to all private landowners
reiterating Council’s offer to purchase. Since the letter was issued 19
lots have been purchased. With little interest from the remaining landowners in
recent times no budget allocation was made in the current budget.
There is currently 16 remaining private landowners,
with 23 properties owned between them. One of the property owners have now
communicated that they would like to accept Council’s offer.
Officer’s Comment
This item is generated purely due to there being no
budget allocation in place this year to enable purchase of this block to take
place. The Council has an existing resolution in place offering the $3,000 plus
a waiver of the current year’s rates and waste levy before all of the
owners within Development Area 3. The current acceptance of this offer simply
requires a budget allocation to enable it to be finalised. Whilst this
transaction only requires $3,000 plus settlement costs, an amendment of $10,000
is recommended in case any further landowners accept the offer this financial
year.
The funds required are to come from the Land
Development Reserve meaning there is no detrimental effect on the budget.
Consultation
Nil
Financial Implications
The financial implications arising from this report are
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
Other Properties &
Services – Capital – Purchase of General Asset
|
01-7490-705-660
|
0
|
$10,000
|
$10,000
|
|
Land Development Reserve
|
01-7490-955-902
|
0
|
($10,000)
|
($10,000)
|
|
Net result
|
0
|
Asset Management Implications
Nil
Statutory Implications
Acquisition of land is covered in section 5.39 of the Local
Government Act 1995.
Section 6.8 of the Local Government Act 1995 covers
expenditure of unbudgeted items from within the municipal account.
Policy Implications
The policy implications arising from this report are consistent within the
Public Land Asset Strategy Policy.
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
Nil
|
Officer’s Recommendation
That Council amends the 2020/21 Budget as
follows:
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
Other Properties &
Services – Capital – Purchase of General Asset
|
01-7490-705-660
|
0
|
$10,000
|
$10,000
|
|
Land Development
Reserve
|
01-7490-955-902
|
0
|
($10,000)
|
($10,000)
|
|
Net result
|
0
|
Voting Requirement Absolute
Majority
|
22 December 2020 Page
141
Item: 12.4.4
Community
Perception Survey 2021
|
Author/s
|
Serena Shaddick
|
Manager Marketing & Communications
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/35332
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider approving the budget variation
to fund the 2021 Community Perception Survey (MARKYT Community Scorecard I
2020).
Recommendation in Brief
That Council:
1. Approve the budget variation of
$19,300 needed in order for the Community Perception Survey to take place in
early 2021.
2. That Council accept Option A of the
proposed Project Acceptance Form provided by CATALYSE.
Background
To evaluate community priorities, as well as the perceptions
of a Council’s performance, a regular Community Perception Survey can be
a useful and informative tool; the results from the survey help to identify the
direction in which the community wishes to focus resources and efforts. The
information from these regular surveys can also help to shape a local
government’s Strategic Community Plan, a vital document, which identifies
a Shire’s vision, aspirations and priorities for the future.
The Shire of Esperance’s last Community Perception
Survey was in March 2019. Much has changed in that time, including a change of
CEO, Shire President, and some newly elected representatives. Good governance
practice recommends that surveys are conducted regularly, ideally every two
years. There is currently no budget allocated for a Community Perception Survey
to occur in 2021, hence the need to request a budget variation to ensure this
can happen in the New Year.
CATALYSE® Pty Ltd is a well-respected research company
which specialises in community engagement and KPI evaluation. They have many
years of experience in delivering Community Perception Surveys and have been
involved with the Shire of Esperance’s past survey/questionnaire
requirements. CATALYSE® Pty Ltd custom design each study to ensure specific
informational objectives are met. As this company and their researchers have
been engaged by the Shire in the past, their product and service is well placed
to understand our community and interpret past and future data, which will
assist Council to best understand our survey results, trends and patterns.
Officer’s Comment
The strategic intent for a 2021
Community Perception Survey is to better understand and monitor community
priorities, and evaluate Council’s performance. The Community Perception
Survey helps Council to keep in touch with the current wishes of local
residents, determine priorities and make the best decisions possible on behalf
of the community in line with the Shire’s Strategic Community Plan.
Keeping with a regular survey cycle is important to ensure information is
relevant and timely. The survey provides broad information regarding community
opinions on services and facilities throughout the Shire. Councillors and Shire
officers frequently refer to the results to support decision making and
strategic planning. Community views and comments are highly valued and guide future
planning activities.
CATALYSE® Pty Ltd, an independent
research company which undertake these studies on behalf of the Shire. When
reporting results CATALYSE® only presents aggregated data. The Shire does
not have access to comments from individual respondents. All results are dealt
with in the strictest confidence.
Considering the options
presented to us by CATALYSE® Pty Ltd, the recommendation is to proceed with
Option A.
Unlike Option B, which relies
on obtaining information via a smaller ‘randomly’ selected sample
group, Option A is the most inclusive and thorough. It allows everyone in the
community an opportunity to have their say. Unlike Option B, Option A will
provide the widest cross section of potential participants. It involves a direct
email to all Shire supplied email addresses, direct post (to all households and
PO Boxes), and the ability for all other residents/ratepayers to answer an
online scorecard (this can be promoted via our various Shire media & social
networking channels). Hardcopies of the study can also be made available at all
Shire facilities such as Homecare, BOILC, Museum, Library etc, should a member
of the community wish to complete the scorecard in that form.
Option A involves allocating
$19,300 + GST.
Option A
MARKYT®
Community Scorecard, single use license
Project and
sample management, including scoping meeting via Teams (1 hour)
Customisation
of Questionnaire / Scorecard design (up to 4 x A4 pages, including 1 open-ended
question)
Emailing
invitations to all residents/ratepayers
Online
programming and processing of responses (includes reply paid postage expenses,
online hosting, data entry and analysis for up to 500 responses)
Statistical,
historical and WA benchmark analysis
Providing a
digital report in PowerPoint (PDF version)
Presentations
via teams (2 x 1 hour)
Fixed Cost:
$12,500 plus GST
Printing
Option A
Print and
post to all Shire of Esperance households (c.6000) using Australia Post
unaddressed mail (print branded envelope, 4-page scorecard and reply paid envelope,
collate, and unaddressed mail) –
Estimated
cost: $6,800 plus GST
Regarding the
timing of the survey – the recommendation is to open the survey from 15
March to 2 April is an ideal time as it won’t clash with the school
holidays or Anzac Day and it is expected that we will have the results back
around the first week of May.
Consultation
CATALYSE® Pty Ltd
Shire of Esperance staff
Various other WA Local Governments
Financial Implications
The financial implications arising from this report are:
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
MARKYT®
Community Scorecard, single use license
|
01-0310-370-405
|
0
|
$12,500
|
$12,500
|
|
Printing Option A
|
01-0310-370-405
|
0
|
$6,800
|
$6,800
|
|
Net result
|
$19,300
|
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
The
requirement of Council’s Procurement Policy, if the cost of a product or
service is in excess of $5,000 to $75,000, the requirement is to obtain at
least two (2) written quotes. However, in this case it is recommended to accept
the CATALYSE® Pty
Ltd proposal as they have assisted the Shire of Esperance with previous survey
studies and therefore this particular company offer the advantage of being able
to supply benchmarking comparisons and historical analysis as well as
comparison information with other local governments.
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
Community Leadership
Proactive Leaders that engage the community when
making decisions to reflect community values.
Environmental Considerations
Nil
Attachments
|
a⇩.
|
Community Perception Survey
Proposal/Project Acceptance Form
|
|
|
Officer’s Recommendation
That Council
1. Approve
the budget variation needed in order for the Community Perception Survey to
take place in early 2021.
|
Description
|
Budget Figure
|
Amended Figure
|
Variation
|
|
MARKYT®
Community Scorecard, single use license
|
01-0310-370-405
|
0
|
$12,500
|
$12,500
|
|
Printing Option A
|
01-0310-370-405
|
0
|
$6,800
|
$6,800
|
|
Net result
|
$19,300
|
2. That
Council accept Option A of the proposed Project Acceptance Form provided by CATALYSE®.
Voting Requirement Absolute
Majority
|
22 December 2020 Page
145
22 December 2020 Page
146
13. Reports Of Committees
Item: 13.1
Minutes
of Committees
|
Author/s
|
Sofie Hawke
|
Trainee Administration Assistant - Executive Services
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D20/34370
Attachments
|
a⇩.
|
Local Recovery Committee - 17
November 2020
|
|
|
Officer’s Recommendation
That Council accept the following
unconfirmed minutes:
1. Local
Recovery Committee – November 2020
Voting Requirement Simple Majority
|
22 December 2020 Page
154
22 December 2020 Page
155
14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
17. MATTERS BEHIND CLOSED DOORS
Officer’s Comment:
It
is recommended that the meeting is behind closed doors for the following items,
in accordance with section 5.23(2) of the Local Government Act 1995.
Item: 17.1
Expressions
of Interest - Old Hospital Building Museum Village
Confidential
Item
This report is considered
confidential in accordance with the Local Government Act 1995, as it relates to
a matter that if disclosed, would reveal information about the business,
professional, commercial or financial affairs of a person, where the
information is held by, or is about, a person other than the local government
(Section 5.23(2)(e)(iii)).
Item: 17.2
0308-20
Supply, Delivery and Licensing of Two New 2020 8x4 Tip Trucks
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)).
18. PUBLIC QUESTION TIME
19. CLOSURE
