Minutes of Ordinary Council

Ordinary Council: Agenda

27 January 2021 Page 7

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
27 January 2021.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.01pm and did an acknowledgment to country.

The President welcomed Councillors, staff, guests and members of the public to the meeting.

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 R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Shire Officers

Mr M Walker Acting Chief Executive Officer

Ms S McKenzie Acting Director External Services

Ms B O’Callaghan Acting Director Corporate Resources

Miss A McArthur Executive Assistant

Miss S Hawke Trainee Administration Officer – Executive Services

Members of the Public & Press

Dr K Nieukerke Item 7

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr S Burge Chief Executive Officer Annual Leave

Cr J Obourne Town Ward Granted Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr O’Donnell

Seconded: Cr Piercey

O0121-001

That Council accept the following leave of absence:

Cr Obourne 27 January until 29 January 2021

Cr Payne 3 February until 14 March 2021

Cr Parker 28 January until 5 February 2021

CARRIED

F8 – A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

Cr McMullen declared a financial interest in item 17.9 as he has business interests with the applicant.

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Parker declared an impartiality interest in item 12.4.2 as he is a director of the Esperance District Football Association.

Cr Mickel declared an impartiality interest in item 12.3.2 as he is a friend of the applicant.

Cr Chambers declared an impartiality interest in item 12.2.1 as he is a past member of the Esperance Goldfields Surf Life Saving Club and the Esperance Golf Club.

Mr Burge declared an impartiality interest in item 12.2.1 as he is a member of the Esperance Golf Club.

Cr O’Donnell declared an impartiality interest in item 12.2.1 as her husband is a member of the Esperance Golf Club.

Cr Graham declared an impartiality interest in item 12.2.1 as he is a past member of the Esperance Golf Club.

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Esperance Tanker Jetty

Dr Nieukerke provided the following question in advance to the meeting and was read aloud by the Shire President.

Considering that apparently only a $10,000 invoice still remains outstanding can shire advise the full acquittal costs for the Tanker Jetty. In our understanding the following major components are applicable:

· Deconstruction contract, awarded to Crossview

· Any agreed variations to the contract (reason and cost)

· Shire’s Project Management of the contract (Alun Hughes)

· Heritage overview of the deconstruction (H&H)

· Creation & maintenance of the staging area (believed to have been paid by Shire)

· Other material costs to the Shire (such as transfer of material to Shire yards, etc)

We assume that the decommissioning of the staging area will be charged to the construction contractor. If this is not the case could you state who will bear these costs and the current estimate.

You indicated that there is still a substantial stockpile of high grade, retrieved timber. We appreciate that at this stage some of this is still required to complete the construction of the replacement jetty. We will await Council decision on how to use this resource at a future date and any value that can be assigned to it.

Mr Walker responded outlining the below table.

Item	Cost $	Description
Deconstruction contract, awarded to Crossview	$1,574,200
Any agreed variations to the contract (reason and cost)	$8,283	Relocation of timber to the Shire’s Depot
Shire’s Project Management of the contract (Alun Hughes)	$23,591
Heritage overview of the deconstruction (H&H)	$33,125
Creation & maintenance of the staging area (believed to have been paid by Shire)	$43,021
Other material costs to the Shire (such as transfer of material to Shire yards, etc)	$5,915	Chemical Sampling of piles and Advertising for disposal of grade 3 & 4 timber
Total	$1,688,135

A hard copy of the response was provide to Dr Nieukerke.

Dr Nieukerke questioned upon the completion of the New Esperance Jetty; if the Jetty design will be made public.

Mr Walker responded that the design of the new Jetty is available on the Shire’s website but the tender document is not yet public as it is only available to contractors and will be available for public to view after the completion of the new Jetty.

2. Dr K Nieukerke – CCTV Strategy

Dr Nieukerke questioned if there is a Shire policy being prepared that relates to the CCTV Strategy and if not, why not. Dr Nieukerke questioned if a policy is to be created, what elements will be included.

Mr Walker responded that there is no plan to prepare or create a policy as there is no need for one. The CCTV Strategy is solely for the purpose of providing infrastructure for the police.

Dr Nieukerke questioned why the CCTV Strategy is confidential.

Mr Walker responded that the CCTV Strategy is confidential because it includes trade secrets and intellectual property of a company. The item is confidential as the information included in the strategy cannot be shared with the company’s competitors. Mr Walker also stated that the strategy includes the backbone to the infrastructure and making this public knowledge can potentially lead to damage to council property (i.e. CCTV Cameras).

Dr Nieukerke questioned why we are assisting the police with CCTV.

Cr Mickel responded that the Shire plans to continue to support the police and stated that Local Governments are heavily involved in the Law and Order as per the Local Government Act 1995.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr Chambers

Seconded: Cr Graham

O0121-002

That the Minutes of the Ordinary Council Meeting of the 22 December 2020 be confirmed as a true and correct record.

CARRIED

F8 – A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

25 Jan Attended Australia Day Community Citizen of the Year Sundowner

26 Jan Attended Australia Day Family Fun Event and Citizenship Ceremony

Cr Obourne

4 Jan Attended ABC Interview regarding Community Safety Initiatives & Live Streaming

20 Jan Constituent meeting regarding Bay of Isles Leisure Centre

25 Jan Hosted Ambassador

25 Jan Attended Esperance Senior Seniors Meeting

25 Jan Attended Australia Day Community Citizen of the year Sundowner

26 Jan Hosted Ambassador

26 Jan Attended the Australia Day Ceremony

26 Jan Presented the Community Citizen of the Year Awards

Cr O’Donnell

21 Jan Attended the Annual Depot BBQ

25 Jan Visited and delivered Meals on Wheels for Esperance Homecare

25 Jan Attended Australia Day Community Citizen of the Year Sundowner

26 Jan Attended Australia Day Family Fun Event and Citizenship Ceremony

Cr Parker

21 Jan Attended the Annual Depot BBQ

25 Jan Attended Australia Day Community Citizen of the Year Sundowner

26 Jan Attended Australia Day Family Fun Event and Citizenship Ceremony

Cr Graham

21 Jan Attended the Annual Depot BBQ

25 Jan Attended Australia Day Community Citizen of the Year Sundowner

26 Jan Attended Australia Day Family Fun Event and Citizenship Ceremony

Cr Payne

26 Jan Attended Australia Day Family Fun Event and Citizenship Ceremony

Cr McMullen

25 Jan Attended Australia Day Community Citizen of the Year Sundowner

26 Jan Attended Australia Day Family Fun Event

Cr Mickel

5 Jan Attended the Launch of the Gary Johnson Memorial Foundation

21 Jan Attended photo with the Neville Mulgat Award winner for Community Service

21 Jan Attended the Annual Depot BBQ

21 Jan Attended the Special Meeting of the Rotary Club of Esperance Bay

22 Jan Met with Ewin Stewart, David Kyle, and Jan Turley regarding issues related to the Esperance Miniature Railway

25 Jan Attended Australia Day Community Citizen of the year Sundowner

26 Jan Attended the Australia Day Ceremony

26 Jan Conducted the Australia Day Citizenship Ceremony

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Additions and/or Extensions to an Outbuilding (Shed) - Lot 82 (57) Princess Street, Pink Lake

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Mel Ammon	Acting Director External Services

File Ref: D21/363

Applicant

Philip Lindsay

Location/Address

Lot 82 (57) Princess Street, Pink Lake

Executive Summary

That Council consider Development Application 10.2021.4569.1 for Additions and/or Extensions to an Outbuilding (Shed) at Lot 82 (57) Princess Street, Pink Lake.

Recommendation in Brief

That Council resolve to approve Development Application 10.2021.4569.1 for Additions and/or Extensions to an Outbuilding (Shed) at Lot 82 (57) Princess Street, Pink Lake.

Background

A development application was received by the Shire of Esperance on 23 December 2020 for Additions and/or Extensions to an Outbuilding (Shed) at Lot 82 (57) Princess Street, Pink Lake.

Non-objections from both adjoining landowners was subsequently received on 6 January 2021.

Lot 82 (57) Princess Street, Pink Lake is zoned ‘Residential R20’ and is affected by Special Control Area 4 – Public Drinking Water Source Protection Areas. The property is 680 square metres in size.

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings, the proposed outbuilding requires referral to Council for determination, with the policy stating:

Outbuildings in Residential and Future Residential Zones

*Objective*	The objective of these development requirements is to achieve a balance between: • Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and • Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.
*Permitted Uses of Outbuildings*	• Must be for legitimate residential purposes. • Use of outbuildings for commercial/business uses is not permitted except • where planning approval has been granted for a home based business. • Use of outbuildings for human habitation is not permitted. • An Outbuilding will not be approved until such time as a Dwelling is substantially commenced on the lot.
*Setbacks*	As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;
*Size*	• Maximum area of outbuilding(s) per lot: • 10% of site area where lot 1000m2 or less; • 100m2 where lot is greater than 1000m2. • Maximum wall height – 3.6 metres • Maximum ridge height – 4.2 metres
*Maximum Variation*	• 25% for Site Area • 10% for Wall or Ridge Height
*Consultation*	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

Shire staff are only authorised to approve applications that meet the requirements of legislation and Local Planning Policy. Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being taken into account in the assessment process:

· Demonstration that the larger size is required to satisfy specific domestic needs;

· The outbuilding will not reduce the amount of open space required by Table 1 of the Residential Design Codes;

· The outbuilding being sited behind the front setback line for the dwelling;

· Use of non-reflective materials on the outbuilding and/or adequate screening from the road and neighbouring properties being provided; and

· Comments from the affected adjoining landowner’s.

If the Maximum Variation is exceeded the matter will be referred to Council.

This proposal calls for 88 square metres of Outbuildings on the property where Council has permitted a maximum of 85 square metres (68 square metres being 10% of the site area, plus a further 25% which equates to 17 square metres) under its Local Planning Policy: Outbuildings.

The proposal complies with wall and ridge height criteria.

Thus the matter is referred to Council for determination.

Officer’s Comment

The proposal calls for additions and/or extensions to the existing Outbuilding which will result in a total of 88 square metres worth of Outbuilding on a property. The existing Outbuilding is 57 square metres in size.

It is noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as it exceeds the maximum 10% of the site area (68 square metres) of Outbuildings permitted in the Residential zone as the 25% maximum variation criteria (17 square metres) which would permit up to 85 square metres of Outbuildings on the property subject to neighbour referral.

It should be noted that the floor area of the proposed and existing outbuilding represents approximately 12.9% of the site area.

It is also noted that the proposal also calls for variations to the side and rear boundary setbacks, with nil (0 metre) setbacks proposed to both sides and rear. Both adjoining landowners have provided non-objections to the Outbuilding (Shed), which removes any concern regarding the side setback variation. The rear boundary is comprised of a public access way that is unconstructed, and which the Shire of Esperance has no current intention of constructing, as such Officers do not consider the reduced rear setback to be a problem.

The officer’s recommendation is for approval of the proposed Additions and/or Extensions to the Outbuilding (Shed) as the location and orientation of the proposed Outbuilding (Shed) will reduce the impact of the additional site area on adjoining properties.

Reason for recommendation

· The development in an ‘I’ use which means it is not permitted unless it is incidental to a dwelling;

· The proposal is consistent with the objectives of the Residential Zone; and

· Although exceeding the maximum site area in Local Planning Policy: Outbuildings non-objections have been received from all adjoining landowners.

Consultation

Non-objections from all adjoining landowners were provided by the landowner, as such neighbor referral was not required.

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

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 regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

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 .	Site Plan
b ⇩.	Elevations

Ordinary Council: Agenda

27 January 2021 Page 21

RECOMMENDATION AND DECISION

12.1.1 Development Application - Additions and/or Extensions to an Outbuilding (Shed) - Lot 82 (57) Princess Street, Pink Lake

Moved: Cr McMullen

Seconded: Cr Chambers

O0121-003

Council Resolution

That Council approve Development Application 10.2021.4569.1 for a Additions and/or Extensions to an Outbuilding (Shed) at Lot 82 (57) Princess Street, Pink Lake subject to the following conditions:

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

2. The approved outbuilding(s) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

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

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

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

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

7. 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.

And the following advice notes:

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

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

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

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

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

6. The applicant is to liaise with Shire of Esperance (Planning Services) in regards to any deviation to the approved plans to establish if an amendment to the development approval is required.

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

· Any new or existing septic tank is to be located a minimum of 1.2 metres from all buildings, footings and boundaries. All leach drains are to be located a minimum of 1.8 metres from all buildings, any septic tanks, other leach drains, soak wells or boundaries.

CARRIED

F8 - A0

12.2 Asset Management

Item: 12.2.1

Local Roads and Community Infrastructure Funding

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

File Ref: D20/37373

Applicant

Internal

Location/Address

Various locations

Executive Summary

For Council to consider the distribution of the Local Roads and Community Infrastructure Program round two funding received.

Recommendation in Brief

That Council

1. Endorse the following projects:

a. Lap Pontoon – James Street;

b. CCTV Underground infrastructure;

c. Pump Track – Youth Precinct;

d. Esperance Goldfields Surf Life Saving Club Building Compliance;

e. Esperance Golf Club Water Supply Infrastructure; and

f. Esperance Civic Centre Rigging Upgrade.

2. Approves a budget variation.

Background

On 22 May 2020 the Australian Government announced a new $500 million Local Roads and Community Infrastructure Program (LRCI Program). Through the 2020–21 Federal Budget, the Australian Government announced a $1 billion extension of the LRCI Program, following strong community and local government support. The program supports local councils to deliver priority local road and community infrastructure projects across Australia, supporting jobs and the resilience of local economies to help communities bounce back from the COVID-19 pandemic.

The Shire of Esperance has received an allocation of $1,614,556 as part of the extension to the LRCI Program. This allocation is required to be spent by the 31 Dec 2021 otherwise the funding will be lost, give the Federal Governments use it or loses it policy that applies to this allocation.

Officer’s Comment

Proposed projects:

Lap Pontoon – James Street - $322,556

As part of the James street beach enclosure (shark barrier) proposal, it is proposed to install a lap pontoon that will encourage ocean swimming in the safer area. The lap pontoon would be similar to the one that is located at Emu Point in Albany.

CCTV Underground infrastructure - $100,000

As part of the CCTV upgrade to the Esperance CBD (and future expansions), it is proposed to increase this project by the inclusion of underground infrastructure (optical fibre) that will provide a robust backhaul network for the CCTV to work efficiently.

Pump Track – Youth Precinct - $600,000

Identified as a key project in the Esperance Youth Precinct Concept Plan and the Shire of Esperance Mountain Biking Feasibility Study, will create a regional level pump track and associated infrastructure at the Youth Precinct.

Esperance Goldfields Surf Life Saving Club Building Compliance - $300,000

Esperance Goldfields Surf Life Saving Club Building has a number of unresolved compliance issues that need to be addressed to make the building comply with current standards. This funding would enable the building to be brought up to standard.

Esperance Golf Club Water Supply Infrastructure- $100,000

As part of the Eastern Suburbs Water Supply Scheme that provides recycled water to east of the Esperance town site, it is proposed to upgrade the following water supply infrastructure: Supply control system to assist in the delivery of water, tank and pipe work to reduce the current storage risk and irrigation management infrastructure. This project will reduce the Shires risk of operating the overall Recycled Water Supply Scheme.

Esperance Civic Centre Rigging Upgrade $192,000

The Esperance Civic Centre stage rigging requires upgrading to meet current standards. This project will deliver a modern rigging system that meets current standards as part of the overall refurbishment project at the Civic Centre.

Consultation

Esperance Goldfields Surf Life Saving Club

Esperance Golf Club

Project Managers

Financial Implications

The financial implications arising from this report are detailed in the below table.

Description		Budget Figure	Amended Figure	Variation
Local Roads and Community Infrastructure Program	New	0	(1,614,556)	1,614,556
Lap Pontoon – James Street	W New	0	322,556	(322,556)
CCTV Underground infrastructure	W New	0	100,000	(100,000)
Pump Track – Youth Precinct	W New	0	600,000	(600,000)
Surf Club Building Compliance	W New	0	300,000	(300,000)
Esperance Golf Club Irrigation	W New	0	100,000	(100,000)
Esperance Civic Centre Rigging Upgrade	W New	0	192,000	(192,000)
Net result				Nil

Asset Management Implications

The asset management implication for each project are detailed below

Lap Pontoon – James Street

	Capital	Annual	Comments
Capital	322,556
Interest (economic cost)		0	Grant Funded
Depreciation (ongoing costs)		16,128	Over 20 years
Maintenance (ongoing cost)		5,000
		21,128	Per year

CCTV Underground infrastructure

	Capital	Annual	Comments
Capital	100,000
Interest (economic cost)		0	Grant Funded
Depreciation (ongoing costs)		2,000	Over 50 years
Maintenance (ongoing cost)		0
		2,000	Per year

Pump Track – Youth Precinct

	Capital	Annual	Comments
Capital	600,000
Interest (economic cost)		0	Grant Funded
Depreciation (ongoing costs)		20,000	Over 30 years
Maintenance (ongoing cost)		10,000
		30,000	Per year

Esperance Goldfields Surf Life Saving Club Building Compliance

Nil, as the asset is the reasonability of the Esperance Surf Club/

Esperance Golf Club Water Supply Infrastructure

Nil, as the asset will be the reasonability of the Esperance Golf Club

Esperance Civic Centre Rigging Upgrade

Nil, as the rigging already existing.

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

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

12.2.1 Local Roads and Community Infrastructure Funding

Officer’s Recommendation

That Council

1. Endorse the following projects:

a. Lap Pontoon – James Street;

b. CCTV Underground infrastructure;

c. Pump Track – Youth Precinct;

d. Esperance Goldfields Surf Life Saving Club Building Compliance;

e. Esperance Golf Club Water Supply Infrastructure; and

f. Esperance Civic Centre Rigging Upgrade.

2. Approves a budget variation as detailed below:

Description		Budget Figure	Amended Figure	Variation
Local Roads and Community Infrastructure Program	New	0	(1,614,556)	1,614,556
Lap Pontoon – James Street	W New	0	322,556	(322,556)
CCTV Underground infrastructure	W New	0	100,000	(100,000)
Pump Track – Youth Precinct	W New	0	600,000	(600,000)
Surf Club Building Compliance	W New	0	300,000	(300,000)
Esperance Golf Club Irrigation	W New	0	100,000	(100,000)
Esperance Civic Centre Rigging Upgrade	W New	0	192,000	(192,000)
Net result				Nil

MOTION

Moved: Cr Payne

Seconded: Cr Piercey

That Council lay this matter on the table to allow for further information to be provided to Councillors.

LOST

F3 – A5

(Against Cr Chambers, Cr Mickel,

Cr Parker, Cr Graham & Cr McMullen)

Moved: Cr McMullen

Seconded: Cr Parker

O0121-004

Council Resolution

That Council

1. Endorse the following projects:

a. Lap Pontoon – James Street;

b. CCTV Underground infrastructure;

c. Pump Track – Youth Precinct;

d. Esperance Goldfields Surf Life Saving Club Building Compliance;

e. Esperance Golf Club Water Supply Infrastructure; and

f. Esperance Civic Centre Rigging Upgrade.

2. Approves a budget variation as detailed below:

Description		Budget Figure	Amended Figure	Variation
Local Roads and Community Infrastructure Program	New	0	(1,614,556)	1,614,556
Lap Pontoon – James Street	W New	0	322,556	(322,556)
CCTV Underground infrastructure	W New	0	100,000	(100,000)
Pump Track – Youth Precinct	W New	0	600,000	(600,000)
Surf Club Building Compliance	W New	0	300,000	(300,000)
Esperance Golf Club Irrigation	W New	0	100,000	(100,000)
Esperance Civic Centre Rigging Upgrade	W New	0	192,000	(192,000)
Net result				Nil

CARRIED

F7 – A1

(Against Cr Piercey)

12.3 Corporate Resources

Item: 12.3.1

Local Government Elections 2021

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Beth O'Callaghan	Acting Director Corporate Resources

File Ref: D21/73

Applicant

Shire of Esperance

Location/Address

Windich Street Esperance

Executive Summary

For Council to determine how the Local Government Elections 2021 will be conducted.

Recommendation in Brief

That Council appoints the Western Australian Electoral Commission (WAEC) to hold a Postal Election for the Shire of Esperance on 16 October 2021.

Background

As per the Local Government Act 1995 (the Act), all local Governments in Western Australia will hold an election to elect members to their respective Councils on 16 October 2021 (Election Day). At the Shire of Esperance, there will be a minimum of four (4) vacancies to be filled due to terms expiring, being:

· Cr McMullen (Town Ward);

· Cr Payne (Town Ward);

· Cr Piercey (Town Ward); and

· Cr Parker (Rural Ward)

Part 4 of the Act sets out the methods for Local Government Elections and offers Council options in the manner the Election will be conducted and who will conduct the Election (Returning Officer), however these decisions must be made at minimum 80 days prior to Election Day.

Under section 4.20 of the Act, the Chief Executive Officer of the Local Government is, by default, the Returning Officer. The Local Government can appoint another person, subject to the approval of the Western Australian Electoral Commissioner (s.4.20(2)) or should Council declare the WAEC responsible for the Election, an independent Returning Officer will be appointed. The Returning Officer’s role is to effectively manage the entire election process, and ensure compliance with the Local Government Electoral process and procedures.

Council must also decide the method of Election used. Under section 4.61 of The Act, there are two methods of conducting the election, In-person (default) or Postal. If Postal Election is the chosen method, the WAEC must be made responsible for conduct of the election (4.61(4)). At the 2019 Local Government Election, a postal election was held resulting in an overall turnout of 48.81%, a 0.93% increase on 2017. The last In-person election was held in 2005 and resulted in a 13.5% turnout of eligible voters.

On 16 December 2020, the WAEC wrote to the Shire of Esperance and provided a quote of $52,000 (GST Inc) to run a postal election in October 2021 (Attached).

Officer’s Comment

The bi-annual (every two years) Local Government Election process is the most direct method residents and ratepayers have in determining the future and direction of their respective Local Governments, by electing their representatives to Council.

Council must consider which method to use for the October 2021 Election. In determining which method to adopt, Council should consider the following points regarding each alternative:

In-Person Election & CEO Returning Officer:

· Lower direct costs, however indirect costs (staff) are difficult to estimate or capture;

· Consistent with Federal and State Government Election process;

· Greater “Local Feel” to election process;

· Generally a lower Voter turnout (13.5% turnout in 2005);

· Potential conflict of interest between Shire Administration and Candidates (potential to politicize the Administration)

Postal Election & Independent Returning Officer:

· Generally a greater Voter turnout (47.88% in 2017 & 48.81% in 2019);

· High direct costs (very few indirect costs);

· Separation of the Shire Administration and Election process, especially if there are conflicts with Candidates;

· WAEC specialises in managing Elections, resulting in fewer expected compliance issues;

· Possible perception of election being impersonal and lack of focus on actual Election Day;

· Inconsistent with Federal and State Government election process (i.e. In-Person voting).

Given the potential for higher Elector turnouts and ability to more accurately estimate the cost of election it is recommended that the October 2021 Election be a Postal Election managed by the Electoral Commissioner. It should also be noted that the annual Esperance & District Agricultural Show is generally scheduled at the same time, which could affect the turnout rate of an in-person vote.

Even though the WAEC (and their appointed Returning Officer) will manage the election, it does not prevent the Shire assisting in the electoral process, especially in the early stages. The Administration will work with the Returning Officer on matters such as electoral advertising and holding the following forums with the community to help promote the Local Government Elections:

· “Want to Nominate for Council” Workshop (Public);

· Ballot Allocation (Public, Candidates, Councillors)

· “Candidates Information” Session (Candidates & Councillors)

· Meet the Candidates (Public & Candidates)

· Election Day & Count

Consultation

Western Australian Electoral Commission (WAEC)

Financial Implications

There are different financial implications for the two possible methods, as below:

Postal Vote

The quoted cost submitted by the WAEC to conduct a post vote is $52,000 (Inc GST) with the possibly another $5,000 for incidentals, totalling $57,000 (Inc GST) in the 2020/21 Annual Budget.

In-person Vote

Should Council decide to run an in-person election, then potentially a lower budget of $25,000 - $30,000 (no mailing costs etc.) will need to be provided, however as previously stated it will be difficult to capture all indirect costs (staffing) associated with running an Election.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Part 4 – Elections and Other Polls

Local Government (Election) Regulations 1997

Policy Implications

EXE 027: Electoral Caretaker Period

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2020/2021 – 2023/2024

Action L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

Letter - Local Government Ordinary Elections 2021 - 16 December 2020

PDF Creator

Ordinary Council: Agenda

27 January 2021 Page 51

RECOMMENDATION AND DECISION

12.3.1 Local Government Elections 2021

Moved: Cr Payne

Seconded: Cr Parker

O0121-005

Council Resolution

That Council:

1. Declare in accordance with section 4.20(4) of the Local Government Act 1995, the Electoral Commissioner to be responsible for the conduct of the 2021 ordinary election together with any other elections or polls which may be required; and

2. Decide, in accordance with section 4.61(2) of the Local Government Act 1995 that the method of conducting the 2021 Local Government Election will be as a postal election.

CARRIED

F8 - A0

Item: 12.3.2

Denise and Samuel Baxter - Condingup Bush Fire Brigade Shed Lease

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Beth O'Callaghan	Acting Director Corporate Resources

File Ref: D20/36061

Applicant

Internal

Location/Address

Lot 184 Ridgelands Road, Condingup

Executive Summary

For Council to consider not entering into a lease with Denise and Samuel Baxter for the Condingup Bush Fire Brigade Shed Lease as determined by Council Resolution O0819-165.

Recommendation in Brief

That Council resolve to not enter into a lease with Denise and Samuel Baxter for the Condingup Bush Fire Brigade Shed Lease located on portion of Lot 184 Ridgelands Road, Condingup and not pursue the matter any further.

Background

The Condingup Bush Fire Brigade currently operate out of two sheds, one of which is located on land owned by Denise and Samuel Baxter, being Lot 184 Ridgelands Road, Condingup. The other is located in the Condingup townsite.

It was discovered in 2019 that there was no written agreement in place for the Brigade’s use of this land.

Denise and Samuel Baxter were contacted in this regard and agreed to enter into a lease with the Shire of Esperance for this portion of their land, with Council resolving the following;

That Council agrees to;

1. Enter into a lease with Denise and Samuel Baxter for portion of Lot 184 Ridgelands Road Condingup;

2. The term of the lease being 15 years or until the property is sold;

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

4. The lease being drawn up using the Community and Sporting Group Lease Template; and

5. No caveat being lodged against the title of the property.

Since this time, the Brigade has been consulted and had discussions with Shire Officers in this regard with a determination that the lease would not be signed.

Officer’s Comment

The Community Emergency Services Coordinator is currently working with the Condingup Bush Fire Brigade and DFES to arrange for the current shed located in the Condingup townsite to be replaced.

Once this shed is replaced, the shed located on the Baxter’s property will no longer be required for storage purposes.

It is therefore recommended that Council not pursue the lease for this area any further.

Consultation

Acting Director Corporate Resources

Acting Director External Services

Manager Community Support

Community Emergency Services Coordinator

Denise Baxter

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

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 Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

12.3.2 Denise and Samuel Baxter - Condingup Bush Fire Brigade Shed Lease

Moved: Cr Graham

Seconded: Cr Chambers

O0121-006

Council Resolution

CARRIED

F8 - A0

Item: 12.3.3

Financial Services Report - December 2020

Author/s	Beth O'Callaghan	Acting Director Corporate Resources
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/42

Attachments

Financial Services Report - December 2020

PDF Creator

Ordinary Council: Agenda

27 January 2021 Page 102

RECOMMENDATION AND DECISION

12.3.3 Financial Services Report - December 2020

Moved: Cr Chambers

Seconded: Cr McMullen

O0121-007

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of November 2020 as attached be received.

CARRIED

F8 - A0

Item: 12.3.4

Self Supporting Loan - Esperance Bay Yacht Club

Author/s	Beth O'Callaghan	Acting Director Corporate Resources
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/37166

Applicant

Esperance Bay Yacht Club

Location/Address

The Esplanade, Esperance

Executive Summary

Esperance Bay Yacht Club (EBYC) have approached the Shire of Esperance for in-principle support for a self-supporting loan of $800,000 to assist with the Taylor Street Marina Upgrade.

Recommendation in Brief

That Council support in-principle a self-supporting loan up to $800,000 for Esperance Bay Yacht Club to go towards Taylor Street Marina Upgrade and provide a letter of support to Building Better Regions Fund for the project.

Background

EBYC are proposing to build a new marina to replace the existing one. The project is expected to cost $1,850,000 and EBYC will be applying for funding from Building Better Regions Fund (BBRF). The club has funds of their own to contribute but will also need in-principle support of a self-supporting loan to support their application for funding from BBRF.

Round 5 of Building Better Regions Fund – Infrastructure Projects Stream will open on 12 January 2021 and will close on 5 March 2021. EBYC is requesting in-principle support from the Shire for the 2021/22 budget now as it will be too late to leave it to when budget preparations commence.

David Swan and David Rigney from EBYC presented to Council their marina proposal on Tuesday 1 December 2020. Points to note from this presentation are: -

· 40 year old volunteer build structure needs replacing

· EBYC was unsuccessful in applying for BBRF funding two years ago

· EBYC has spent $29,000 on wind and wave studies and the development of concept plans

· New marina will increase 36 pens to 50 allowing for more recreational boats, charter boats and enhanced amenities for visiting boats

· New marina provides a public access service jetty

See business case as attachment A.

Officer’s Comment

This report is requesting Council’s in-principle support for a self-supporting loan to the Esperance Bay Yacht Club so that they can progress towards applying for BBRF funding.

Repayments for a loan with West Australian Treasury Corporation (WATC) for $800,000 over 20 years will be approximately $48,000 annually at the current interest rate at time of writing.

In initial consultation with EBYC they envisage the initial savings in maintenance costs and increased fees (income) for the extra pens will be more than sufficient to service the loan. They also advise they will provide approximately 16 member guarantors to the loan.

A more formal assessment of their ability to service the loan will be conducted at time of application which will include a copy of the previous 3 years audited financial reports, constitution, meeting minutes recording the agreement by EBYC to apply for loan, list of guarantors and approval from WATC.

Consultation

Esperance Bay Yacht Club

Western Australia Treasury Corporation

Financial Implications

The financial implications arising from this report would occur in 2021/22 budget year and will be included in that year’s budget preparation.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport and recreation opportunities and activities

Develop and promote active and passive sport and recreation opportunities for all ages and abilities

Environmental Considerations

Nil

Attachments

a .

Taylor Street Marina Upgrade - Confidential

RECOMMENDATION AND DECISION

12.3.4 Self Supporting Loan - Esperance Bay Yacht Club

Moved: Cr McMullen

Seconded: Cr Payne

O0121-008

Council Resolution

That Council

1. Support in-principle a self-supporting loan up to $800,000 for Esperance Bay Yacht Club to assist in funding the Taylor Street Marina Upgrade.

2. Provide a letter of support for the Taylor Street Marina Upgrade to Building Better Regions Fund.

CARRIED

F8 - A0

12.4 Executive Services

Item: 12.4.1

Agenda Briefing and Ordinary Council Meeting Dates - October 2021

Author/s	Alli McArthur	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/35219

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider amending the October 2021 Agenda Briefing and Ordinary Council Meeting dates.

Recommendation in Brief

That Council:

1. Amend the October Agenda Briefing date to 19 October 2021,

2. Amend the October Ordinary Council Meeting date to 26 October 2021; and

3. Request the CEO to advertise the change of meeting details.

Background

In October 2020, a report item went to Council for the endorsement of all 2021 Agenda Briefing and Council Meeting dates. Within the report mentions having the October 2021 Ordinary Council Meeting and Agenda Briefing Session a week early to allow for the local government elections.

Since the writing of that report, it has come to the attention of staff that the local government elections will actually be held on 16 October 2021, as this will be the third Saturday of the month.

Officer’s Comment

It is being recommended for Council to amend the October 2021 dates so the Agenda Briefing Session is on 19 October 2020 (third Tuesday) and the Ordinary Council Meeting to 26 October 2021 (fourth Tuesday). The reason behind this amendment is to ensure the new Council, (post the 2021 elections) has the opportunity to participate and be briefed on the relevant items for the October Ordinary Council Meeting.

If Council were to leave the dates as previously endorsed, the current Council would be attending the October Agenda Briefing Session and the new Council would be attending and participating in the Ordinary Council Meeting. This amendment does leave shorter timeframes for new Councillors to be briefed on essential topics but is manageable.

Consultation

Western Australian Electoral Commission

Coordinator Governance and Corporate Support

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Section 5.25(1)(g) of the Local Government Act 1995 and 12(1) of the Local Government regulations 1996.

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

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

12.4.1 Agenda Briefing and Ordinary Council Meeting Dates - October 2021

Moved: Cr Parker

Seconded: Cr Payne

O0121-009

Council Resolution

That Council:

1. Amend the October Agenda Briefing date to 19 October 2021,

2. Amend the October Ordinary Council Meeting date to 26 October 2021; and

3. Request the CEO to advertise the change of meeting details.

CARRIED

F8 - A0

Item: 12.4.2

Ports Football Club 2021/22 Community Grants Program Pre-Allocation

Author/s	Shane Tobin	Community Development & Events Coordinator
	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/37444

Applicant

Ports Football Club – Lighting Project

Location/Address

Ports Oval Greater Sports Ground

Executive Summary

Ports Football Club are looking to upgrade the lights around their oval. This upgrade will aim to provide adequate level of lighting to allow for both trainings and games to be conducted at night. Ports Football Club are in the process of preparing a Community Sports and Recreation Facilities Fund (CSRFF) application and need confirmation of (any) Council contribution to enable this application to be developed.

Recommendation in Brief

That Council pre-allocate one third of the project costs (up to a maximum of $65,355.76) to Ports Football Club from the 2021/22 Community Grant Program for the replacement and upgrade of oval lighting at the Ports Oval on the Greater Sports Ground.

Background

Ports Football Club identified the lighting project during discussions with Council as part of their 2020/21 Community Grants Program application for assistance to upgrade the toilets and windows of the current clubrooms. They subsequently applied for CSRFF funding and requested Council support at the same time. Council decision is below:

At the Ordinary Council meeting of 28/7/2020 the following was resolved:

2. Advises the Ports Football Club that:

i. their application for $53,519.82 is not supported this round; and

ii. invite them to apply for funding through the 2021/22 Community Grants Program to enable them to apply for the subsequent round of CSRFF should Council support their Community Grant Program application at that time.

3. That the Shire of Esperance work with the Ports Football club and the Greater Sports Ground Committee towards securing further rounds of the CSRFF Funding.

Ports Football Club have now approached the Shire for a pre-allocation of $65,355.76 from the 2021/2022 Community Grants Program to enable them to proceed to deliver their lighting project valued at $196,067.30 (see Attachment A). The pre-allocation is required to fit in with a Community Sporting and Recreation Facilities Funding (CSRFF) Small Grants application (timeline) that is also required as part of this project.

Community Sporting and Recreation Facilities Fund (CSRFF) Small Grant 2021 – Timeline:

Small Grants (opens February 2021).

The CSRFF small grants program targets projects involving a basic level of planning. The total project cost for grant must not exceed $300,000.

Applications must be completed with all required documentation and submitted to your local government by 4pm 28 February 2021 for presentation at the March Council Meeting. Applications are then forwarded to the Department of Local Government, Sport and Cultural Industries Office by the local government by 4pm 31st March 2021. Applicants are notified of the outcome around June 2021.

Officer’s Comment

Internal discussions regarding this project have identified the Greater Sports Ground is effectively at capacity for power, given we have added the new stadium and are not taking away to the old. Ports lights would draw approximately 70amps per phase to provide a competition standard of 200 Lux.

External Management Team (EMT) have met to discuss this and have determined that any power upgrades within the Greater Sports Ground are a Shire issue rather than an issue for any individual user group.

While Ports Football Club have provided a cost estimate, quotes are yet to be received by the Shire. Council can provide certainty to Ports while still limiting the Shire’s exposure by committing to a maximum of the amount requested (or another figure) but also limiting the contribution to a third of the total project cost. This will mean that the upper level of support is set but there is a shared benefit in the event that the project costs can be lowered. Council also have an opportunity to review the application prior to it being lodged with the Department of Sport and Recreation as all CSRFF applications require Council endorsement and prioritisation.

Council have 3 options – approve the request, deny the request or approve the request but with a different contribution to that requested. Previous similar sporting club assistance has included:

2014/15 -Gibson Football Club – Lighting Project - $40,503

2014/15 -Esperance Football & Sporting Club – Club Extensions - $32,372

2017/18 -Newtown Condingup Football Club - Club Extensions - $50,000

2017/18 -Ports Football Club – Kitchen upgrade - $10,000

2020/21 -Ports Football Club – Window and Toilet upgrade - $7185

Council has also previously pre-allocated Community Grants Program Funding to community organisations to assist with applications for State Government funding that required a local government allocation to be eligible, when timing didn’t match the normal Community Grants Program schedule. As part of the 2020/2021 Community Grants Program allocations Council confirmed in-principle support for ongoing allocations to Esperance Community Arts and Cannery Arts Centre Inc for the 2021/22 and 2022/23 years to assist with applications to the Regional Arts Sector Investment Fund from both organisations.

Option One

Council approve the requested of funds for the Ports Football Clubs Lighting Project. At the Ordinary Council meeting on the 28/7/2020 Council indicated their support of this project. This project will not only benefit the Ports Football Club but will have potential benefit to the Esperance Agricultural Show, Cricket, Soccer, Hockey, Little Athletics, Pony Club to mention a few. This space will also be a great option for other events in the future.

Option Two

Council approve a reduced amount of funds for the Ports Football Club Lighting Project. However, this may have an impact on the ability of Ports to undertake the project.

Option Three

Council deny the request to fund the Ports Football Clubs Lighting Project. This does not deny Ports the ability to proceed with a CSRFF application but would require them to provide two thirds of the project costs themselves.

Consultation

Representatives of Ports Football Club

CEO and Directors, Community Development and Events Coordinator, Manager Community and Economic Development, Community Development Officer and Coordinator Community Support.

Financial Implications

The financial implications arising from this report will be dealt with as part of the 2021/22 budget process.

Asset Management Implications

There are no implications with the provision of funds towards this project. Ports will become responsible for the ongoing operations and maintenance of this infrastructure should funding be forthcoming.

Statutory Implications

Nil

Policy Implications

This application is consistent with the Community Grants Program guidelines except for timing.

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

Environmental Considerations

Nil

Attachments

a.	Ports Football Clubs - Lighting Project - Project Plan
b ⇩.	Ports Football Clubs - Lighting Project - Tech Map

PDF Creator

Ordinary Council: Agenda

27 January 2021 Page 162

RECOMMENDATION AND DECISION

12.4.3 Information Bulletin - December 2020

Moved: Cr O'Donnell

Seconded: Cr McMullen

O0121-011

Council Resolution

That Council accepts:

1. Information Bulletin - December 2020

2. Corporate Performance Report - November 2020

3. Delegations Discharge - Corporate Resources

4. Letter of Appreciation - Donation - Nulsen Primary School

5. Letter of Appreciation - Donation - Esperance Christian School

6. Letter of Appreciation - Sponsorship - Esperance Primary School - Maria Carbone

7. Letter of Appreciation - Sponsorship - Esperance Primary School - Nicola Botha

8. Outstanding Resolutions - Quarterly Report

CARRIED

F8 - A0

Item: 12.4.4

Community Grants Program 2021/2022

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D20/37630

Applicant

Internal report

Location/Address

N/A

Executive Summary

For Council to review the amended Community Grants Program guidelines and Application Forms for the 2021-2022 year and advertise for applications.

Recommendation in Brief

That Council:

1. Endorse the amendments to the Community Grants Program Guidelines and Application Forms; and

2. Advertise for applications for the 2021-2022 Community Grants Program during February and March 2021.

Background

Each year the Community Grants Program is reviewed with amendments made to the guidelines and application forms if necessary.

Officer’s Comment

This year it is intended to open the grant applications on the 1 February and close applications on the 15 March 2021. This is a little earlier than previous years to allow staff sufficient time to review applications, follow up any questions and provide detailed information to Council.

To reinforce Council’s commitment to ‘C12.2 – Increase opportunities for Aboriginal and Torres Strait Islander peoples inclusion into the Shire Community Grants Program’, an additional Program Objective has been added to the guidelines (Attachment A) – Encouraging projects and events benefiting Aboriginal and Torres Strait Islander people. Adding this as an objective is intended to ensure efforts in this space are maintained on an ongoing basis.

Two minor amendments in the guidelines have also been identified.

1) Changing the dates on cover and page 7 to reflect the 2021 proposed dates.

2) Under Accountability p13. Removing the wording (i.e. Invoices/receipts) and adding the wording ‘to the satisfaction of the Shire’. This has been changed to allow for the circumstances where it is not practical to supply invoices/receipts. This is not a common scenario, however does allow Shire Officers to tailor accountability requirements to suit individual grant projects. Please note each successful applicant is provided with specific accountability requirements in a Grant Summary and Acknowledgement letter which applicants sign in agreement.

No changes to the application or accountability forms (Attachments B) are recommended.

Option One

Officers Recommendation.

The minor amendment suggested will simplify the process for both Shire staff and community groups. The earlier commencement and closure of the application process will improve the ability to provide quality information about the grant requests to Council.

Option Two

Council could amend the documents further, decide to revert to last year’s wording and/or amend the proposed dates.

Option Three

Not conduct a Community Grants Program in 2021/2022

Consultation

This item and the proposed amendments have been developed through discussions between the Community Development Officer, Coordinator Community development and Events and Manager Community and Economic Development.

Financial Implications

The amount distributed through the Community Grants Program is at the discretion of Council through the 2021/2022 Budget deliberations and will not be affected by the proposed alterations to the Guidelines.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Active and growing volunteers and community groups that facilitate and support activities, bringing the

Community together

Encourage and support volunteers and community groups

Corporate Business Plan 2020/21 – 2023/2024

Manage the Community Grants Program

Environmental Considerations

Nil

Attachments

a.	Community Grants Program Guidelines
b ⇩.	Application $5,000 or less
c ⇩.	Support Application
d ⇩.	Application $5,000 or more
e ⇩.	Accountability Report under $5,000
f ⇩.	Accountability Report over $5,000
g ⇩.	Accountability Report Support Grants

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Ordinary Council: Agenda

27 January 2021 Page 199

RECOMMENDATION AND DECISION

13.1 Minutes of Committees

Moved: Cr McMullen

Seconded: Cr Chambers

O0121-013

Council Resolution

That Council accept the following unconfirmed minutes:

1. Esperance Roadwise Committee - 14 December 2020

2. Audit Committee - 14 December 2020

CARRIED

F8 - A0

Item: 13.2

CEO Review of Systems and Procedures

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Beth O'Callaghan	Acting Director Corporate Resources

File Ref: D20/36656

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

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

Recommendation in Brief

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

Background

Regulation 17 of the Local Government (Audit) Regulations 1996 requires the CEO to review certain systems and procedures. The Audit Committee is to consider the CEO’s biennial reviews of the appropriateness and effectiveness of the Local Government’s systems and procedures in regard to risk management, internal control and legislative compliance.

The last review was undertaken in November 2018 and the review recently undertaken by the CEO is now to be considered.

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

The Audit Committee met on 14 December 2020 to consider the report and resolved the following –

That the Audit Committee;

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

2. Recommend the review to Council for endorsement.

Officer’s Comment

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

Risk Management

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

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

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

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

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

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

– Litigation and claims;

– Misconduct, fraud and theft;

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

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

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

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

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

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

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

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

Internal Control

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

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

· integrity and ethics;

· policies and delegated authority;

· levels of responsibilities and authorities;

· audit practices;

· information system access and security;

· management operating style; and

· human resource management and practices.

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

Aspects of an effective control framework will include:

· delegation of authority;

· documented policies and procedures;

· trained and qualified employees;

· system controls;

· effective policy and process review;

· regular internal audits;

· documentation of risk identification and assessment; and

· regular liaison with auditor and legal advisors.

The following are examples of controls that are typically reviewed:

· separation of roles and functions, processing and authorisation;

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

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

· limit of direct physical access to assets and records;

· control of computer applications and information system standards;

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

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

· comparison and analysis of financial results with budgeted amounts;

· the arithmetical accuracy and content of records;

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

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

Legislative Compliance

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

· Monitoring compliance with legislation and regulations;

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

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

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

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

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

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

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

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

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

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

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

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

Consultation

Directors

Middle Management

Financial Implications

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

Asset Management Implications

Nil

Statutory Implications

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

Policy Implications

EXE019: Risk Management

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Community confidence and trust in Council

Provide transparent and accountable leadership

Corporate Business Plan 2017/2018 – 2020/2021

Manage Risk Management System

Environmental Considerations

Nil

Attachments

a.	Risk Management Policy
b ⇩.	Risk Register

PDF Creator

Ordinary Council: Minutes

27 January 2021 Page 231

RECOMMENDATION AND DECISION

13.2 CEO Review of Systems and Procedures

Moved: Cr McMullen

Seconded: Cr O’Donnell

O0121-014

Council Resolution

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

CARRIED

F8 - A0

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

16. Urgent Business Approved by Decision

Motion

Moved: Cr Parker

Seconded: Cr Graham

O0121-015

That Council accept the following late item:

17.10 CEO Contract of Employment and KPI's for 2021

CARRIED

F8 - A0

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr McMullen

Seconded: Cr Payne

O0121-016

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

17.1 Cancellation of Request - Proposal to Convert Portion of Lot 50 Wylie Bay Road to Reserve

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)).

17.2 CCTV Strategy

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)); and a matter that if disclosed, could be reasonably expected to endanger the security of the local government's property (Section 5.23(2)(f)(ii)).

17.3 Reassignment of Lease - Old Salmon Gums School - Kerry Dixon and David MacDermott to Elodie Goldsmith

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)).

17.4 EOI Civic Centre Artwork

17.5 0336-20 Road Line Marking

17.6 0330-20 Esperance Civic Centre Technical Upgrade

17.7 0335-20 Supply and Installation of Water Tanks

17.8 0334-20 Graham Mackenzie Stadium Redevelopment

17.9 Lease Reassignment Request - Annette Smith to Benjamin and Jodie Kowal - Old Methodist Church Museum Village

17.10 CEO Contract of Employment and KPI's for 2021

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

CARRIED

F8 - A0

Dr Nieukerke and Cr Piercey left the Chamber at 5.08pm and did not return.

Miss Hawke left the Chamber at 5.08pm.

Miss Hawke returned to the Chamber at 5.09pm.

17.1 Cancellation of Request - Proposal to Convert Portion of Lot 50 Wylie Bay Road to Reserve

Moved: Cr McMullen

Seconded: Cr Graham

O0121-017

Council Resolution

That Council consider advising the Minister for Lands that it wishes to abandon the request under Section 82 of the Land Administration Act 1997 to revest a portion of Lot 50 Wylie Bay Road on Vol. 2940 Fol. 919 north of Wylie Bay Road.

CARRIED

F7 - A0

Suspension of Standing Orders

Moved: Cr Payne

Seconded: Cr McMullen

O0121-018

That section 3.3 of the Standing Orders be suspended to allow for of item 17.2.

CARRIED

F7 - A0

Resumption of Standing Orders

Moved: Cr Graham

Seconded: Cr McMullen

O0121-019

That Standing Orders be resumed.

CARRIED

F7 - A0

17.2 CCTV Strategy

Moved: Cr McMullen

Seconded: Cr Chambers

O0121-020

Officer’s Recommendation

That Council

1. Endorse the Esperance CCTV Strategy;

2. Release a public summary version of the Esperance CCTV Strategy; and

3. Request the CEO to enter into a MoU with Western Australia Police on the access to the CCTV System

Council Resolution

That Council;

1. Request the CEO to revise the CCTV Strategy to include the following locations:

- Windich Street and Forrest Street areas

- Extended Dempster Street Shopping Strips

- Esperance District Hospital

2. Request the CEO to develop a public summary version of the Esperance CCTV Strategy; And

3. Endorse the commencement of Stage One of the Esperance CCTV Strategy.

CARRIED

F7 - A0

Reason: Council wanted to include additional areas into the CCTV Strategy.

17.3 Reassignment of Lease - Old Salmon Gums School - Kerry Dixon and David MacDermott to Elodie Goldsmith

Moved: Cr O'Donnell

Seconded: Cr Parker

O0121-021

Council Resolution

That Council;

1. Reassign the lease under the existing terms and conditions for the Old Salmon Gums School in Museum Village from David MacDermott and Kerry Dixon to Elodie Goldsmith; and

2. Charge a lease reassignment fee of $215 Inc GST.

CARRIED

F7 - A0

17.4 EOI Civic Centre Artwork

Moved: Cr McMullen

Seconded: Cr Parker

O0121-022

Council Resolution

That Council awards the Esperance Civic Centre Artwork Project to artists Chris Nixon and Andrew Frazer, to deliver the lighting and mural artwork.

CARRIED

F7 - A0

17.5 0336-20 Road Line Marking

Moved: Cr Chambers

Seconded: Cr McMullen

O0121-023

Council Resolution

That Council awards the Request for Tender 0336-20 Road Line Marking to TAGSAT PTY LTD t/a Retro Roads as per the schedule of rates for a period of 30 months with a 24-month option to extend subject to satisfactory performance.

CARRIED

F7 - A0

17.6 0330-20 Esperance Civic Centre Technical Upgrade

Moved: Cr Parker

Seconded: Cr McMullen

O0121-024

Council Resolution

That Council awards the Request for Tender 0330-20 ECC Technical Upgrade to Cataphonics Pty Ltd T/A Venue Technical Services as per the lump sum price.

CARRIED

F7 - A0

17.7 0335-20 Supply and Installation of Water Tanks

Moved: Cr Payne

Seconded: Cr Parker

O0121-025

Council Resolution

That Council awards the Request for Tender 0335-20 Supply and Installation of Water Tanks to Esperance Rural Supplies Pty Ltd as per the schedule of rates for a period of 12 months.

CARRIED

F7 - A0

Cr McMullen left the Chamber at 5.44pm.

Cr McMullen returned to the Chamber at 5.47pm.

Suspension of Standing Orders

Moved: Cr Payne

Seconded: Cr Chambers

O0121-026

That section 3.3 of the Standing Orders be suspended to allow for discussion of item 17.8.

CARRIED

F7 - A0

Resumption of Standing Orders

Moved: Cr McMullen

Seconded: Cr Chambers

O0121-027

That Standing Orders be resumed.

CARRIED

F7 - A0

17.8 0334-20 Graham Mackenzie Stadium Redevelopment

Moved: Cr Chambers

Seconded: Cr McMullen

O0121-028

Council Resolution

That Council

1. Not accept any tenders for Request for Tender 0334-20 Graham Mackenzie Stadium Redevelopment;

2. Request the CEO to:

a. Negotiate with Sime Building and Construction to reduce the tender sum; and

b. Bring back to Council the results of the negotiation for consideration;

CARRIED

F7 - A0

Motion

Moved: Cr Parker

Seconded: Cr Chambers

O0121-029

Council Resolution

That Council

1. Bring forward a road construction project for $750,000 to be completed by the 30 June 2021 so that is does not lose the Local Roads and Community Infrastructure grant funding; and

2. Consider reallocation of the $750,000 back to the Graham Mackenzie Stadium Redevelopment in the 2021/22 budget.

3. Approves a budget variation as per the table below for the construction of River Road:

Description		Budget Figure	Amended Figure	Variation
Graham Mackenzie Stadium Redevelopment	W3730	1,500,000	750,000	(750,000)
River Road Construction	WNew	0	750,000	750,000
Net result				Nil

CARRIED

F7 - A0

Cr McMullen declared his financial interest and left the Chamber at 6.05pm.

17.9 Lease Reassignment Request - Annette Smith to Benjamin and Jodie Kowal - Old Methodist Church Museum Village

Moved: Cr Payne

Seconded: Cr O'Donnell

O0121-030

Council Resolution

That Council, subject to the contract of sale being finalised;

1. Reassign the lease under the existing terms and conditions for the Old Methodist Church in Museum Village from Annette Smith to Benjamin and Jodie Kowal; and

2. Charge a lease reassignment fee of $215 Inc GST

CARRIED

F6 - A0

Cr McMullen returned to the Chamber at 6.06pm.

Mrs Anderson entered the Chamber at 6.06pm.

Miss Hawke & Mr Walker left the Chamber at 6.06pm.

Mr McKenzie & Mrs O’Callaghan left the Chamber at 6.06pm and did not return.

Suspension of Standing Orders

Moved: Cr Payne

Seconded: Cr O'Donnell

O0121-031

That section 3.3 of the Standing Orders be suspended to allow for discussion of item 17.10.

CARRIED

F7 - A0

Resumption of Standing Orders

Moved: Cr Chambers

Seconded: Cr McMullen

O0121-032

That Standing Orders be resumed.

CARRIED

F7 - A0

17.10 CEO Contract of Employment and KPI's for 2021

Moved: Cr Chambers

Seconded: Cr McMullen

O0121-033

Officers Recommendation

That Council:

1. Confirm the employment of the Chief Executive Officer in accordance with the Contract of Employment.

2. Approve the following Key Performance Indicators for the Chief Executive Officer for 2021 –

1. Bay of Isles Leisure Centre

2. GSG Master Plan

3. Tourism Plan

4. Waste Management

5. Community Communication

6. Jetty

7. Community Safety

8. Town Centre Infrastructure

9. Native Title Engagement

10. Economic Development

11. Infrastructure Program

12. Service Level Benchmarking

13. Organisational Management

Council Resolution

That Council:

1. Confirm the employment of the Chief Executive Officer in accordance with the Contract of Employment.

2. Approve the Key Performance Indicators for the Chief Executive Officer for 2021 –

1. Bay of Isles Leisure Centre

2. GSG Master Plan

3. Tourism Plan

4. Waste Management

5. Community Communication

6. Jetty

7. Community Safety

8. Town Centre Infrastructure

9. Native Title Engagement

10. Economic Development

11. Infrastructure Program

12. Service Level Benchmarking

13. Organisational Management

14.

CARRIED

F7 - A0

15.

Reason: Council wanted to remove the word following out of the resolution.

Coming from behind closed doors

Moved: Cr Chambers

Seconded: Cr O'Donnell

O0121-034

That the meeting come from behind closed doors.

CARRIED

F7 - A0

Miss Hawke & Mr Walker returned to the Chamber at 6.19pm.

18. PUBLIC QUESTION TIME

Nil

19. CLOSURE

The President declared the meeting closed at 6.20pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated_____________________

Author/s	Sofie Hawke	Trainee Administration Assistant - Executive Services
Authorisor/s	Shane Burge	Chief Executive Officer

a.	Information Bulletin - December 2020
b ⇨.	Corporate Performance Report - Quarterly - Under Separate Cover
c ⇩.	Delegations Discharge – Corporate Resources
d ⇩.	Letter of Appreciation - Donation - Nulsen Primary School
e ⇩.	Letter of Appreciation - Donation - Esperance Christian School
f ⇩.	Letter of Appreciation - Sponsorship - Esperance Primary School - Maria Carbone
g ⇩.	Letter of Appreciation - Sponsorship - Esperance Primary School - Nicola Botha
h ⇩.	Outstanding Resolutions - Quarterly Report

a.	Esperance Roadwise Committee - 14 December 2020
b ⇨.	Audit Committee - 14 December 2020 - Under Separate Cover