Minutes of Ordinary Council

Ordinary Council: Minutes

23 February 2021 Page 8

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
23 February 2021.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.00pm 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 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

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Executive Assistant

Miss S Hawke Trainee Administration Assistant - Executive Services

Members of the Public & Press

Mrs C Welke Item 12.1.1

Mr B Welke Item 12.1.1

Mr T Gray Item 12.3.1

Mrs J Turley Item 7

Dr K Nieukerke Item 7

Mr M Watson Item 12.1.1

Mrs S Watson Item 12.1.1

Mrs J Archer Item 12.1.1

Mr B Allan Item 7

Mrs M McKenzie Item 7

Mr D Emmett Item 7

Mrs T Bishop Item 12.1.1

Miss H Bishop Item 12.1.1

Mr J Kidd Item 7

Ms K Kidd Item 7

Mrs L Plunkett Item 7

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr S Payne, JP Town Ward Granted Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Mickel declared an impartiality interest in item 12.2.2 as he is a life member of the Condingup District Recreational Association.

Cr Obourne declared an impartiality interest in item 12.1.1 as she is known to one of the applicants.

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Community Notice Board

Dr Nieukerke made a suggestion on behalf of a fellow member of the Esperance Ratepayers Association. He questioned if Council could have a community notice board placed in the town centre to inform the wider community of any upcoming meeting dates and times. Dr Nieukerke suggested that the notice board could also be used by other community groups to inform the public of any upcoming events.

Cr Mickel stated the there is a communication gap without having a local newspaper, however there is a publication produced by the Esperance Tide that is printed monthly. Cr Mickel stated that the Shire isn’t responsible for operating a printed paper as it is a commercial operation but the Shire encourages and works with other people who wish to do so. Cr Mickel stated that the Shire and other community groups use social media and other electronic formats to keep the public informed in what’s happening.

Dr Nieukerke questioned if a public notice board can be placed in the Post Office Square.

Cr Mickel responded that there is a public notice board at the Esperance Boulevard but Council will take his suggestion into consideration.

2. Mr B Welke - Closure of Public Access Way

Mr Welke referred to page 15 of the February Ordinary Council Meeting Agenda “If the public access way remains open, Council is encouraged to explore options to improve safety and security for laneway users which may generate additional costs if viable options are found. It is noted that the Shire has a Dividing Fence Policy where the Shire can consider contributing towards the cost dividing fences which may present options for improving security”. Mr Welke questioned if Council has any commitment to contribute to the expense of ongoing CCTV and lighting or is it a better option to save the expense and have the laneway closed.

Cr Mickel responded that determining expenses will be a separate decision. Cr Mickel stated that the Shire is working through a process set by the State Government and the Shire still needs to finalise the process by making a decision tonight.

Mr Welke questioned if the laneway is closed, does this create an ongoing precedent for other laneways in town to be adopted with the same ongoing expenses.

Cr Mickel responded that it isn’t setting a precedence. Cr Mickel stated that if the Shire decided to close or leave the laneway open, it doesn’t mean that other laneways will have the same outcome if brought to Council.

3. Mrs C Welke - Closure of Public Access Way

Mrs Welke referred to the 9 submissions that were received from the community which mentioned students use of the laneway to get to and from Our Lady Star of the Sea School. Mrs Welke questioned if Council was aware of the CCTV footage that shows there was only one student from Our Lady Star of the Sea that used the laneway from the 15^th to the 19^th of February. Mrs Welke stated that Our Lady Star of the Sea is a private school and students come from all over the town, so there’s not a majority of people who live in the West Beach area.

Cr Mickel thanked Mrs Welke for bringing those statistics to Council’s attention and Council will take the information into consideration when making a decision.

4. Mr T Gray – Ocean Grown Abalone

Mr Gray referred to page 120 of the February Ordinary Council Meeting Agenda “The subdivision of the land has been approved to enable the southern portion to be sold if the project progresses to this point”. Mr Gray questioned who approved the subdivision of land, were there any objections and if so who objected. Mr Gray also questioned if submitted to the WAPC, what conditions did they place on the subdivision.

Mr Burge responded that subdivisions can only be approved by the State Government and as far as the Shire is aware there were no objections. Mr Burge responded that he is not certain on the conditions that were placed on the subdivision.

Mr Gray questioned what is the current zoning of the potion of lot 50 and who is the lessee.

Mr Burge responded that the reserve is zoned rural and the lessee is Ocean Grown Abalone.

Mr Gray questioned if sold, could the subject land be later rezoned. If so, what constraints would apply. Mr Gray questioned if the land could be rezoned for tourism to allow for a caravan park.

Mr Hindley responded that it could be rezoned but there is a process that it needs to be followed and in relation to the caravan park the current zoning accommodates for a caravan park.

Mr Gray questioned if Council has ever done a business plan in regards to the lease and if so what date was it adopted by Council.

Mr Burge responded that a business plan has not been completed as it’s not often Council would create a business plan to lease a parcel of land for a short period of time.

Mr Gray questioned would a caravan park be something that Council would consider if the opportunity arose.

Mr Burge responded that would be a question for Council however, the sale of this land would be subject to Ocean Grown Abalone installing an abalone hatchery as a requirement in their lease conditions.

Mr Gray questioned if a caravan park could be zoned rural if placed on that land.

Mr Hindley explained that both an abalone hatchery and a caravan park can be placed on land that is zoned rural.

Mr Gray questioned would a process need to be engaged to take the land from an abalone hatchery to a caravan park in that rural zone.

Mr Hindley responded any development on rural land requires development approval from the State Government and Council.

5. Miss H Bishop - Closure of Public Access Way

Miss Bishop stated that previously the Shire asked for information from the police regarding the break-ins and questioned if Council was aware that the police fully support the laneway closure.

Cr Mickel responded yes, Council are aware that the police support the closure of the laneway.

6. Mrs J Archer - Closure of Public Access Way

Mrs Archer stated that there were 53 submissions and 37 (70%) of them agreed with the closure of the laneway and 16 (30%) are against the closure. Mrs Archer questioned will the majority rule.

Cr Mickel responded that Council make decisions on the information not on popularity. Cr Mickel stated that Council consider all aspects of the information when making a decision.

Mrs L Plunkett entered the Chamber at 4:28pm.

7. Mrs L Plunkett – Lease Extension

Mrs Plunkett questioned what the process is to get a lease extension put through to Council.

Mr Burge responded that the first step would be to request a lease extension through writing and provided Mrs Plunkett with emails to send the request to.

Mrs Plunkett questioned if Council has received the lease extension request that she sent through in June 2020 and again in January 2021.

Mr Burge responded that the Shire would have received the requests and stated that there should have been a response back to Mrs Plunkett.

Cr Mickel responded that Council are aware of all lease renewal requests and the expiry times of the leases.

Mrs Plunkett questioned why her lease renewal wasn’t put forward to Council for the February Ordinary Council Meeting as the expiry date is close to the ones in the current agenda.

Cr Mickel responded that Council will review the request and check the expiry dates but doesn’t think that it should be an issue for the present time.

Mrs Bishop, Miss Bishop, Mr Watson & Mrs Watson left the Chamber at 4:34pm and did not return.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Petition

Moved: Cr Piercey

Seconded: Cr Chambers

O0221-042

That Council:

1. Receive the petition entitled St Germain Avenue, Castletown; And

2. Request the CEO investigate options for Council consideration.

CARRIED

F8 - A0

10. CONFIRMATION OF MINUTES

Moved: Cr O’Donnell

Seconded: Cr McMullen

O0221-043

That the Minutes of the Ordinary Council Meeting of the 27 January 2021 be confirmed as a true and correct record.

CARRIED

F8 – A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

9 Feb Attended Annual Electors Meeting

10 Feb Attended the Local Emergency Management Committee Meeting

Cr Obourne

9 Feb Attended Annual Electors Meeting

10Feb Future Leaders Program – Mentoring

17Feb Constituent Meeting regarding Proposed closure of public access way

23Feb Future Leaders Launch

Cr O’Donnell

1 Feb Attended GSG Redevelopment Committee Meeting

4 Feb Attended GVROC dinner and drinks at Esperance Bay Yacht Club

5 Feb Attended GVROC meeting at Esperance Civic Centre

9 Feb Attended Audit Committee Meeting

9 Feb Attended Annual Electors Meeting

15 Feb Visited Esperance Homecare and delivered Meals on Wheels

22 Feb Attended RAP Working Group Meeting

Cr Parker

9 Feb Attended Annual Electors Meeting

Cr Graham

9 Feb Attended Annual Electors Meeting

Cr McMullen

15 Feb Roadwise Committee Meeting

18 Feb Audit Committee Meeting

9 Feb Attended Annual Electors Meeting

Cr Piercey

9 Feb Attended Annual Electors Meeting

Cr Mickel

1 Feb Attended the Drought Outreach Road Show at the Civic Centre

1 Feb Attended the GSG Redevelopment Committee Meeting

3 Feb Represented Cr Parker at the Port Community Consultation Committee

4 Feb Presented a presentation to GEDC & RDA boards on current projects in Esperance with Mr Walker (Acting CEO)

4 Feb Attended GVROC dinner and drinks at Esperance Bay Yacht Club

5 Feb Attended GVROC meeting at Esperance Civic Centre

9 Feb Attended Annual Electors Meeting

10 Feb Attended and addressed special guests and staff at the opening of the new Kmart shop

10 Feb Attended the Local Emergency Management Committee Meeting

16 Feb Conducted a Citizenship Ceremony for 5 conferees

18 Feb Attended a half day meeting of the Regional Cities Alliance of WA in Perth

19 Feb Attended a half day meeting of the Regional Cities Alliance of WA in Perth

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Request for Closure of Public Access Way Between Walker Street and Adelaide Street, West Beach

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

File Ref: D21/2863

Applicant

P D & T A Bishop, M B & S K Watson, L K & N R Harland and B E & C J Welke

Location/Address

Lot 57 Ingleton Place, West Beach

It is noted that Lot 57 Ingleton Place refers to four public access ways in proximity to Ingleton Place that were created as part of the original subdivision for the area. This application refers solely to the parcel of land located between Adelaide Street and Walker Street.

Executive Summary

That Council consider the request to close the public access way between Adelaide Street and Walker Street, West Beach identified as Lot 57 Ingleton Place, West Beach.

Recommendation in Brief

That Council resolve not to commence the closure process for the public access way between Adelaide Street and Walker Street, West Beach identified as Lot 57 Ingleton Place, West Beach.

Background

A request for the closure of the public access way between Adelaide Street and Walker Street, West Beach was received on 14 September 2020.

Pedestrian counts were undertaken by the Shire on Friday 30of October 2020 and Wednesday 4 of November 2020 between 8am and 9am and between 2.30pm and 3pm.

The application was subsequently referred to Council for consideration at the Ordinary Council Meeting held on 24 November 2020 where Council resolved to commence a road closure process for a portion of the public access way between Adelaide Street and Walker Street, West Beach identified as Lot 57 Ingleton Place, West Beach in accordance with Section 58 of the Land Administration Act 1997.

The road closure process was subsequently commenced, and the proposal was advertised between 17 December 2020 and 1 February 2021. Advertising was undertaken via letters sent to all landowners within 400 metres, notices in the Kalgoorlie Miner, signs on site and public notification via the Shire of Esperance website. 54 submissions (38 either in support, or raising no objection, and 16 objections) were received as part of the advertising, though it is noted that one person submitted both a letter in support of the proposal and later submitted a letter of objection so the total is effectively 53 submissions.

The application is now returned to Council to determine if Council will, or will not, close the public access way.

Officer’s Comment

The adjoining landowners have requested the closure of the public access way due to a number of break ins that have occurred where the culprits have used the public access way to both enter into the adjoining properties and as an escape route, as well as due to noise generated by motorbikes using the public access way.

The proposed closure is certainly justifiable from the perspective of the adjoining landowners, however the Shire of Esperance also has to consider that the section of laneway services local families who attend Our Lady Star of the Sea School at Lot 100 (4) Giles Street West Beach, immediately opposite the laneway.

Traffic counts undertaken by the Shire indicate surprisingly low numbers of users of the public access way, however this may be linked to the time of day and the unusual conditions this year due to COVID-19.

Closure of the public access way would result in an additional travel distance of approximately 370 metres for people looking to get from one side to the other.

Officers do not support the closure of the public access way due to the position of the laneway as a key node servicing pedestrians and residents accessing the Our Lady Star of the Sea School, though we do understand the concerns of the adjoining landowners. As such while the officer’s recommendation is that Council refuse to initiate the closure process, an alternative recommendation is presented to Council to initiate the closure.

In addition the closure of the public access way would go against the intent of active neighbourhoods which encourages people to walk/ride rather than using vehicles.

Should Council wish to proceed with the closure a formal request will be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into the adjoining lots.

Option One (Officers Recommendation)

That Council resolve:

1. Not to close the designated portion of the public access way known as Lot 57 Ingleton Place, West Beach; and

2. Request the CEO to examine options for improving security for properties adjacent to the public access way, including but not limited to, utilising Policy EXT 016 to contribute towards new boundary fencing along the public access way.

Option Two (Approval)

That Council resolve to:

1. Request the Minister of Lands to close the designated portion of the public access way known as Lot 57 Ingleton Place, West Beach under Section 58 (1) of the Land Administration Act 1997.

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

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

Consultation

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

The proposal was advertised between 17 December 2020 and 1 February 2021 (a total of 45 days). Advertising was undertaken via letters sent to all landowners within 400 metres, a notice in the Kalgoorlie Miner on 21 December 2020, signs on site and public notification via the Shire of Esperance website. 54 submissions (38 either in support, or raising no objection, and 16 objections) were received.

The objections received can be summarized as follows:

Objection:	Planning Officer Comment:
The pathway is used for recreational pursuits such as walking and riding bikes.	Planning officers acknowledge this point.
It is an important pathway to the school, park and dog exercise area and allows shorter trips for pedestrians and cyclists.	Planning officers acknowledge this point.
The closure will set a precedent for all public access ways.	A precedent has been previously set with the closure of a similar walkway between Treasure Road and Pink Lake Road in 2014/15.
Provision of lighting and cameras can improve security while retaining the public access way.	Planning officers acknowledge this point.
Closing a public access way goes against the provisions of Active Neighbourhoods	Planning officers acknowledge this point.
Concern regarding pedestrian safety along Phillips Street and Twilight Beach Road.	While there are no known issues with pedestrian safety along Phillips Street, it is acknowledged that Phillips Street can be fairly busy and that local residents may not feel confident with supervising young children along the longer routes along Phillips Street or Twilight Beach Road on their way home or to the school, park or dog exercise area in the event that the public access way was closed.
Low pedestrian count numbers may change as local children are enrolled at the local schools.	Planning Officers agree that the pedestrian count numbers were lower than expected, which may be use to a number of factors ranging from the time the counts were undertaken, to the discouraging effect COVID has had on people being in public areas.
Keeping the distance to the school and park as low as possible allows for the elderly and disabled to move much more freely.	Planning officers acknowledge this point.
Alternative access to properties for criminals is also available from vacant properties as the fences along the public access way are the same height as the fences on other boundaries.	Planning officers acknowledge this point.
If the lane is blocked off, the vacant space will collect rubbish and leaves and become a fire hazard.	If closed the Department of Planning, Lands and Heritage requires the public access way be amalgamated into the adjoining properties. No vacant space will be left.
Closing the lane way does not prevent break-ins from occurring.	Planning officers acknowledge this point.

The submissions can be summarized as follows:

Reason for Support:	Planning Officer Comment:
Supports the closure of the laneway due to break-ins that have occurred in the area.	Planning officers acknowledge this point.
General letter of support with no grounds provided.	Noted.

Officers note that the objectors show substantial support for the idea of improving fences and lighting through the access way, and installing security cameras and other devices either in/along the access way or as part of home security systems.

Officers recommend against the closure of the public access way due to the position of the laneway as a key node servicing pedestrians and residents accessing the Our Lady Star of the Sea School and nearby parks and reserves, though we do understand and acknowledge the concerns of the adjoining landowners.

Financial Implications

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

Initial application fees of $800.00 were received as part of this proposal.

Asset Management Implications

Asset Management implications will vary depending on the determination of Council.

If the public access way remains open, Council is encouraged to explore options to improve safety and security for laneway users which may generate additional costs if viable options are found. It is noted that the Shire has a Dividing Fence Policy where the Shire can consider contributing towards the cost dividing fences which may present options for improving security.

The Shire has drainage infrastructure installed in the public access way in the form of a standalone drainage pit and soaker pipes. If the access way was closed, there would need to be a condition of acceptance by the property owner that they would assume responsibility for this drainage asset and any associated impacts this may have.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Policy EXT 016 – Dividing Fences provides for the Shire to contribute towards the cost of dividing fences on land adjoining reserves or land being used for civic purposes where it sees a municipal need for the fence.

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 .	Application to Close
b ⇩.	Location of Laneway
c ⇩.	Objections
d ⇩.	Submissions in Support
e ⇩.	Schedule of Submissions

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Ordinary Council: Minutes

23 February 2021 Page 91

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RECOMMENDATION AND DECISION

12.1.1 Request for Closure of Public Access Way Between Walker Street and Adelaide Street, West Beach

Moved: Cr Piercey

Seconded: Cr O'Donnell

O0221-044

Council Resolution

That Council resolve:

1. Not to close the designated portion of the public access way known as Lot 57 Ingleton Place, West Beach; and

CARRIED

F6 – A2

(Against Cr Mickel & Cr Obourne)

Mr Welke, Mrs Welke, Mr Gray, Mrs Archer, Mr Allan, Mrs McKenzie, Mr Emmett, Mr Kidd & Mrs Plunkett left the Chamber at 4:46pm and did not return.

Item: 12.1.2

Development Application - Outbuilding (Shed) - Lot 30 (283) Twilight Beach Road, West Beach

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D21/2163

Applicant

D U & B A Drabik

Location/Address

Lot 30 (283) Twilight Beach Road, West Beach

Executive Summary

For Council to consider Development Application 10.2021.4574.1 for an outbuilding (Shed) at Lot 30 (283) Twilight Beach Road, West Beach.

Recommendation in Brief

That Council approve Development Application 10.2021.4574.1 for an outbuilding (Shed) at Lot 30 (283) Twilight Beach Road, West Beach, subject to conditions

Background

A development application for an outbuilding (Shed) was received by the Shire on 12 January 2021.

Due to the total combined site area of existing, approved and proposed outbuildings on the property, the proposal was advertised to adjoining landowners for 21 days with no objections being received.

Lot 30 (283) Twilight Beach Road is zoned Residential (No R-Code) and is 6,668 square metres in size. The property is affected by Special Control Area 4 – Public Drinking Water Source Protection Areas, and Special Control Area 7C – Blue Haven and Second Beach.

Special Control Area 7(d)(i) states:

Generally within this area, no development will be permitted which, in the opinion of the local government; will be likely to endanger the visual amenity of Twilight Beach Road and the coastal views as seen from any lot or public place, and the ocean.

The proposed location of the outbuilding is to the west of the existing dwelling and outbuilding on the property. The outbuilding will be visible to varying degrees from properties to the south, west and east, however the existing of substantial vegetation around the proposed development site will help screen the outbuilding and reduce impact.

The proposed development is consistent with Special Control Area 7(d)(vi) which states:

The local government will not permit the erection of sheds or other buildings between a house erected on the lot and any road except in the case of a corner lot or a lot with dual street frontages where the local government may permit such a building to be built between the residence and any road other than Twilight Beach Road.

The proposed outbuilding is located behind the house (and an existing outbuilding) and as such complies with this provision.

As such the Officers are satisfied that the impact of the outbuilding on visual amenity will be within acceptable limits.

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: o 10% of site area where lot 1000m2 or less; o 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 landowners.

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

This proposal calls for a total of 151.6 square metres of outbuildings on the property, which exceed the requirements of Local Planning Policy: Outbuildings. Thus this matter is referred to Council for determination.

Officer’s Comment

It is noted that the building does not comply with the acceptable development provisions of the Local Planning Policy – Outbuildings as the proposal exceeds the maximum site area for outbuildings in the Residential zone of 100 square metres (up to 125 square metres subject to neighbor referral).

Given the position of the outbuilding behind the existing dwelling, the size of the property and the vegetation around the outbuilding and the lack of objections from adjoining landowners, it is the position of Planning Services that impact from the outbuilding will be minimal and that the proposal can be supported.

Reasons 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;

· Location of outbuilding combined with existing vegetation should reduce potential impact on visual amenity resulting from the presence of the outbuilding; and

· Although exceeding the maximum site area in Local Planning Policy: Outbuildings, no objections have been received from the adjoining landowners.

Consultation

The proposed was advertised for 21 days between 15 January 2021 and 5 February 2021. No objections were received.

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

Plans

Ordinary Council: Minutes

23 February 2021 Page 109

RECOMMENDATION AND DECISION

12.1.2 Development Application - Outbuilding (Shed) - Lot 30 (283) Twilight Beach Road, West Beach

Moved: Cr McMullen

Seconded: Cr Graham

O0221-045

Council Resolution

That Council resolve to approve 10.2021.4574.1 for an outbuilding (Shed) at Lot 30 (283) Twilight Beach Road, West Beach subject to the following conditions:

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

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

3. The approved outbuilding shall not be used for commercial or industrial uses.

4. The approved outbuilding shall not be used for human habitation without the express written consent of the Shire of Esperance.

5. The driveway/access way shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

6. 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).

7. 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.

8. 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.

9. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

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

AND the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit 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 Act 2011, Building Regulations 2012 and the Local Government Act 1995.

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.

CARRIED

F8 - A0

Mr R Hindley left the Chamber at 4.48pm and did not return.

Item: 12.1.3

Community Waste Engagement Plan 2018-2023 Revision

Author/s	Georgia Ryan	Acting Manager Council Enterprises
Authorisor/s	Scott McKenzie	Acting Director External Services

File Ref: D21/3412

Applicant

External Services

Location/Address

N/A

Executive Summary

To allow Council the opportunity to review & adopt minor amendments to the Community Waste Engagement Plan 2018-2023.

Recommendation in Brief

That Council adopt changes to Appendix A of the Community Waste Engagement Plan 2018-2023.

Background

Staff recently reviewed & updated the Community Waste Engagement Plan (The Plan). The review resulted in several recommended changes which will bring the Plan in line with current waste management practices and resources. Council were briefed on the proposed changes to the Plan in a briefing session on Tuesday 27^th January 2021 as per Appendix B.

Appendix A of the Plan is the only section where changes occur.

Officer’s Comment

Adoption of these changes will enable the plan to remain a working document of relevance to the community. The updates in Appendix A, essentially condense 13 Objectives which were set in the original document down to 8. It is also recommended that priorities could be changed to target dates.

It is considered that no changes are required to the Community Waste Strategy, however both the Plan and Strategy will need updating in 2023.

All of the major tasks have remained in the plan and the amendments really focus on streamlining and broadening the actions rather being too specific i.e.: partner with an arts group – is changed to providing opportunities for community members to be part of waste minimisaton activities which benefit the whole community. There is a focus on digital friendly communication rather than physical meetings and paper based promotional material. Other alterations include resetting realistic time frames – ie bin audits which cover all suburbs in Esperance is changed to biannually rather than annually.

Consultation

Council

Waste Education Officer

Financial Implications

Nil

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

N2.3 Implement the Community Waste Strategy

Environmental Considerations

Nil

Attachments

a.	Community Waste Engagement Plan 2018-2023 - Appendix A
b ⇩.	Community Waste Engagement Plan - Summary of Changes

Community Waste Engagement Plan 2018-2023

Appendix A

Future Operations Action Plan

The table below outlines possible future initiatives, programs and projects which relate to key outcome areas of our Strategic Community Plan.

	Action	Targets	Responsibility	Resources	Target Date
N3: A community that is empowered and motivated to minimise waste
Objective	1. Educate the community in best practice recovery methods and the importance of preventing contamination in recycling and waste bins
1.1	Back to basics: stalls at events and shopping centres	Attendance at shopping centre or community event every 6 months.	Waste Management Team	Current Resources	ongoing
1.2	Assist with community education surrounding State Waste initiatives, such as the Plastic Bag Ban and the introduction of the Container Deposit Scheme including advertising of collection points Support local waste reduction initiatives	Issue media release and share promotional material via Facebook, Shire website, newsletters, newspaper prior to start day of Scheme. Update Shire website with scheme info and collection point details.	Waste Management Team Communications Team	Current Resources	Ongoing
1.3	Create video tour of Wylie Bay Materials Recovery Facility	Undertake tour and record. Share video on Shire website and social media	Waste Management Team Communications Team	Current Resources	July 2021
1.4	Develop interactive education section on Shires website	Pre tour and Post tour fact sheets Educational tools	Waste Management Team Communications Team	Current Resources	July 2021
Objective	2. Provide opportunities for community members to be part of waste minimisation activities and decisions which benefit the whole community
2.1	Reinstate Community Waste Action Group. Quarterly meetings to commence via zoom to encourage larger scale of community to be involved. Invite members from active environmental groups and the community to be part of this group. Set terms of reference and outline potential projects	To have group operational by February 2021	Waste Management Team	Current Resources	February 2021
Objective	3. Monitor Waste Metrics
3.1	Undertake bin audits in each suburb biannually supplemented with a Bin tagging program	Auditing representative samples of each suburb every 24 months period.	Waste Management Team	Additional Resources	Ongoing
3.2	Monitor rural recycling station stats. Publicise positive result congratulating community on their diversion efforts	At least one media circulation (e.g. Facebook/Newsletter article/Radio interview) every six months. Direct feedback to rural areas via school newsletters.	Waste Management Team Communications Team	Current Resources	ongoing
3.3	Audit the waste practices of the Shire of Esperance offices and provide staff with feedback on current practices and recommendations for improvement	Audit each Shire office and provide recommendations. Return to each Shire office in 6 months and re-audit. Publicise via handy facts.	Sustainability Working group	Current Resources - ongoing	2 – ongoing Change to target date
Objective	4. Engage schools to develop best practice waste management within the school
4.1	Encourage and assist schools to become "Waste Wise" as requested. Assist schools with auditing, waste wise applications and student/teacher education	Respond to all Waste Wise queries within one week	Waste Management Team Schools	Current Resources	Ongoing
4.2	Where schools are already provided with services (recycling and organics), ensure that they are being utilised effectively	Examine the behaviours of at least one school and provide recommendations for behavioural change and follow up 3 months later	Waste Management Team	Additional Resources	ongoing
4.3	Provide media and information that can be shared with staff, students and parent. For example, newsletter stories.	A mailing list is developed that includes a newsletter contact at each school in the region. A small waste/recycling/reusing fact or story is circulated at least once a term or as events require for inclusion in school newsletters	Waste Management Team	Current Resources	ongoing
Objective	5. Improve reach of our current communications and social media platforms, which promotes local waste minimisation, in order to increase awareness in the community
5.1	Develop social media.	Increase the number of people who follow our social media platforms by 10%.	Waste education	Current Resources	December 2021
5.2	Did you know?' campaign. Create monthly small media grabs that contain interesting facts and photos about waste	The 'Did You Know' grabs distributed each month to: Social Media channels, e-newsletters, Shire Flyer, Handy News, and Community Info.	Waste Management Communications Team	Current Resources	Ongoing 3
5.3	Publicise the Shire of Esperance successes in Waste Management and any upcoming Waste Education initiatives	Social Media channels, e-newsletters, Shire Flyer, Handy News, and Community Info.	Waste Management Team Communications Team	Current Resources	ongoing
Objective	6. Provide tools and information to improve knowledge for existing and new residents
6.1	Reduce waste on promos and become digital friendly	Update website and have a new resident’s checklist section. Upload printable bin stickers Use QR code at events to direct new residents and the like to website	Waste Management Team	Current Resources	July 2021
Objective	7. Improve the knowledge and behaviour of the general public and those who attend events
7.1	Design layout for display tent to Include informative and interactive activities at events. Easily accessible for staff members or public to loan out for events. Use QR code to direct public to website. Become a zero waste display.	At least one event per annum	Waste Management Team Communications Team	Additional Resources	January 2022
N4: A responsible business community that actively supports community movement towards minimising waste
Objective	8. Increase the number of events that use the recycling bin toppers
8.1	Formalise Bin/Waste Management plan in the Events application process	To be included as part of events approval process. Environmental Health to assess required number of bins	Environmental Health Waste Management Team Events Team	Additional Resources	September 2021
8.2	As part of events approval enforce use of bin toppers	Environmental Health team to check for compliance prior to commencement of event as part of health inspections.	Environmental Health Waste Management Team	Additional Resources	Ongoing
8.3	Direct stall holders to website for best practice waste management information including: How to use bin topper bins, which disposable items are best to use, examples of compostable products/	Information to be added to shire website	Waste Management Team Events Team Communications team	Current Resources	Ongoing

Ordinary Council: Minutes

23 February 2021 Page 117

RECOMMENDATION AND DECISION

12.1.3 Community Waste Engagement Plan 2018-2023 Revision

Moved: Cr Piercey

Seconded: Cr McMullen

O0221-046

Council Resolution

That Council adopt changes to Appendix A of the Community Waste Engagement Plan 2018-2023.

CARRIED

F8 - A0

12.2 Asset Management

Item: 12.2.1

Bandy Creek Boat Harbour Dredging & Sand Back-passing Trial

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

File Ref: D21/3493

Applicant

Internal

Location/Address

Castletown Quays

Executive Summary

For Council to consider the request from the Department of Transport for additional funding to enable the Bandy Creek Boat Harbour Dredging and sand back pass trial to happen.

Recommendation in Brief

That Council commit $100,000 in the 2021/22 budget towards the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing trial.

Background

In 2018 the Shire engaged BMT to undertake a Report to look at the Esperance Bay Coastal Erosions Options and recommend a long term solution. From the report the most cost effective solution over 20, 50 and 100 years was the Coordinated Bandy Creek Boat Harbour (BCBH) dredging & sand back-passing that offered a number of benefits. The Shire engaged BMT again to develop the Coordinated BCBH dredging & sand back-passing, including designs, environmental planning and liaison with the Department of Transport. From this work in consultation with the Department of Transport (DoT) a trial of this solution was consider the appropriate way forward so that it could be evaluated before committing to this as a long term solution.

The Shire and DoT have worked towards getting the trial of the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing to occur as part of the next biennial dredging program at Bandy Creek Boat Harbour due to commence in May 2021 and will run until July 2021. As part of this trial there is a cost sharing arrangement between the Shire and the DoT. The Shire has committed $300,000 towards the project which was matched with a Costal Adaptation and Protection grant of $300,000 by the State and the DoT have committed their normal dredging budget of approximately $680,000 as part of the project.

The cost to undertake the work by the DoT contractor has come in at $1,430,000, leaving the project $150,000 short. The DoT have written to the Shire, see attachment A, indicating that they are willing to put $50,000 more towards the project and requesting the Shire make up the difference of $100,000. It is important to also note that DoT will cover all the project management, supervision, survey work and environmental consultancy as part of this project at no cost to the Shire.

Officer’s Comment

Officers have been working with the DoT over the past two years to get this project to where it currently is. In discussion with the DoT on the deficit of $150,000, as per their letter have committed an additional $50,000 towards the project, they will also take on the project risk and other tasks as indicated to see a successful project. They have also accepted that given the project will run over two financial years that the requested $100,000 can be paid for in the 2021/22 financial year. If the additional funding is not committed by Council, the project will either be scaled back or will not proceed. If the project is scaled back it will be harder to evaluate the trial and the sand migration rate required to last two years.

Consultation

Department of Transport

BMT

Financial Implications

The financial implications arising from this report would be a forward commitment of $100,000 in next financial year’s budget that is already included annually in the standard operating accounts.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

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

Corporate Business Plan 2020/21 – 2023/24

L2.1 Manage Asset Management Directorate

Environmental Considerations

Nil

Attachments

a .	Letter - DoT - Bandy Creek Boat Harbour Dredging and Sand Back-passing
b ⇩.	Excluded Attachment - DoT - Bandy Creek Boat Harbour Dredging and Sand Back-passing - Confidential

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Ordinary Council: Minutes

23 February 2021 Page 154

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RECOMMENDATION AND DECISION

12.2.2 Disposal of Esperance Tanker Jetty Timber

Moved: Cr Graham

Seconded: Cr Chambers

O0221-048

Council Resolution

That Council donates Historic Esperance Tanker Jetty up to Grade 1 Timber to the Condingup District Recreational Association as per the quantities requested.

CARRIED

F8 - A0

12.3 Corporate & Community Services

Item: 12.3.1

Ocean Grown Abalone - Lease Extension Request - Lot 50 Wylie Bay Road

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/1335

Applicant

Ocean Grown Abalone

Location/Address

The southern portion of Lot 50, Wylie Bay Road

Executive Summary

For Council to consider the request from Ocean Grown Abalone to extend the lease for portion of Lot 50 Wylie Bay Road for a further 12 months.

Recommendation in Brief

That Council agrees to extend the lease with Ocean Grown Abalone for portion of Lot 50 Wylie Bay Road for a further 12 months.

Background

Ocean Grown Abalone began leasing the premises in July 2019 in order to evaluate the site for potential use as a land based abalone hatchery. This was extended in 2020 and is now due to expire in July 2021.

Ocean Grown Abalone have advised that the next stage in their project is for a bankable feasibility study to be undertaken for the site, which will complete the licence approvals process, design study, define the project budget and economics of the project. It is expected that this process will take a maximum of 12 months and therefore they are requesting an extension to the current lease for a further 12 months.

Officer’s Comment

Internal discussions have determined that the proposed extension for a further term of 12 months on the current lease terms and conditions would be reasonable and supportive following the COVID pandemic in 2020 and the Shire currently having no immediate need for the land.

Clause 24.10 of the current lease allows for variations to be made to the lease, subject to the variation being in writing and signed by all parties.

The subdivision of the land has been approved to enable the southern portion to be sold if the project progresses to this point.

Ocean Grown Abalone have recently entered into a joint venture with Yumbah Aquaculture Ltd to develop the Esperance Abalone Farming project.

The abalone hatchery project is expected to have significant long term benefits for Esperance if the project succeeds.

Consultation

Ocean Grown Abalone

Chief Executive Officer

Manager Strategic Planning and Land Projects

Financial Implications

Lease variation fee of $215 Inc GST

Annual rent of $10,000 ex GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s3.58 Disposal of Property

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Support initiatives that enhance development to increase primary industries

Lobby for new industries that add value to established industries

Corporate Business Plan 2020/21 – 2023/24

Manage Shire leases and insurance

Environmental Considerations

Nil

Attachments

Lease Extension Request - Ocean Grown Abalone

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RECOMMENDATION AND DECISION

12.3.1 Ocean Grown Abalone - Lease Extension Request - Lot 50 Wylie Bay Road

Moved: Cr McMullen

Seconded: Cr Chambers

O0221-049

Council Resolution

That Council;

1. Extend the lease with Ocean Grown Abalone for portion of Lot 50 Wylie Bay Road under the current terms and conditions for a further 12 months;

2. Charge a lease variation fee of $215 Inc GST; and

3. Advertise the disposition in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F8 - A0

Item: 12.3.2

Lease Renewal - Bronte Vincent - Old Matron's Quarters Museum Village

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/1738

Applicant

Bronte Vincent

Location/Address

Portion of Lots 57 and 58 Dempster Street Esperance, Old Matron’s Quarters Museum Village

Executive Summary

For Council to consider extending the lease with Bronte Vincent for the Old Matron’s Quarters, Museum Village.

Recommendation in Brief

That Council agrees to extend the existing lease with Bronte Vincent for the Old Matron’s Quarters, Museum Village.

Background

The lease for the Old Matron’s Quarters which commenced in June 2016 was reassigned from the initial Lessee to Bronte Vincent in July 2019. This lease is due to expire 31 May 2021.

Ms Vincent has requested to extend her lease for a further 12 month period.

Officer’s Comment

Ms Vincent is currently up to date on rent payments and is not in breach of her lease, therefore it is recommended that the extension request be approved.

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.”

Council policy COR004 stipulates that lease fees for the Museum Village are to be the average CBD rate, as determined by local real estate, less 20%. Recent discussion with local real estate agents has determined the current average CBD rent less 20% to be $132.70/m² ex GST. As the property is 95.5m² in size, the annual rent for the property based on this valuation would be $13,940.14 Inc GST.

It should be noted that there is currently an oversupply of retail space in Esperance and the real estate agents have advised that owners have been reducing rent to secure tenants as the retail market has slowed due to a number of business closures. As this is the case, it is recommended that Council resolve for the annual rent to remain at the current rate of $128/m², which would result in the annual lease fee being $13,446.40 Inc GST. This will also ensure consistency with rental values for other village buildings.

Alternate recommendation

That Council;

1. Extend the lease with Bronte Vincent for the Old Matron’s Quarters, Museum Village for a further 12 months;

2. Charge a lease fee of $13,940.14 Inc GST per annum and Council consider this valuation to be a true indication of the current market rental rate; and

3. Advertise the disposition in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

Consultation

Professionals Real Estate

Thorp Realty

Bronte Vincent

Financial Implications

Annual rent being $13,446.40 Inc GST

Asset Management Implications

As per annual maintenance schedule.

Statutory Implications

Local Government Act 1995 – s.3.58 Disposal of Property

Commercial Tenancy (Retail Shops) Agreements Act 1985

Policy Implications

COR003 – Museum Park Buildings Leasing Arrangements

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

Lease Extension Request - Bronte Vincent

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RECOMMENDATION AND DECISION

12.3.2 Lease Renewal - Bronte Vincent - Old Matron's Quarters Museum Village

Moved: Cr Piercey

Seconded: Cr Parker

O0221-050

Council Resolution

That Council;

1. Extend the lease with Bronte Vincent for the Old Matron’s Quarters, Museum Village for a further 12 months;

2. Charge a lease fee of $13,446.40 Inc GST per annum and Council consider this valuation to be a true indication of the current market rental rate; and

3. Advertise the disposition in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F8 - A0

Item: 12.3.3

New Delegation - Registration of Infringement Notices

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Scott McKenzie	Acting Director External Services
	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/1817

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider endorsing the proposed Registration of Infringement Notice Delegation.

Recommendation in Brief

That Council agrees to endorse the Registration of Infringement Notice Delegation.

Background

The Manager Development and Statutory Services and Ranger Services Team Leader have recently advised that there is a need for a delegation to allow officers to register and withdraw infringements with the Fines Enforcement Registry (FER). In the event that an infringement needs to be withdrawn, Officers will require the approval of the Chief Executive Officer to initiate the process of withdrawal with FER.

Infringements are issued by authorised Officers of the Shire of Esperance. There is a specific statutory process undertaken to ensure the ability for collection through the Fines Enforcement Registry (FER). FER sits within the Department of Justice and deals with unpaid fines from both State and Local Government.

An outline of the process of infringement management is provided below.

1. A Final Demand Notice is issued where payment is not received within twenty eight (28) days from the date of the infringement. This provides a further twenty eight (28) days for the payment of the infringement. The issuance of the Final Demand Notice incurs an applicable fee which is added to the modified penalty.

2. Should payment for the infringement not be received within the period defined above, the infringement is then referred to the FER where further charges will be incurred.

The Shire has no control over the collection process undertaken by the FER and cannot take any action on its own. Included in this is that there is no provision for part payment or payment arrangements for infringements issued by the Shire to be put in place. This is due to making them unenforceable with the FER.

The collection process undertaken by FER is contained within the Fines Penalties and Infringement Notices Enforcement Act 1994 and should the infringement not be paid or arrangements put in place for its payment, under the Act, some or all of the following action may be taken – a person’s driver’s licence may be suspended, a person’s vehicle licence may be suspended or cancelled, be disqualified from holding or obtaining a driver’s licence or vehicle licence, and vehicle may be immobilised or have its number plates removed, details may be published on a website, a person’s earnings or bank accounts may be garnished, and property may be seized and sold.

3. From time to time, write off of debts will be required when the Fines Enforcement Registry deem the fines and/or costs uncollectible. Approval will be sought from the Chief Executive Officer for the debt to be written off. Once approval has been received, the appropriate entries will be made in the Shire’s Infringement Module.

Officer’s Comment

Currently, the Manager Development and Statutory Services has access to register and withdraw infringements with the FER. For clarity around the process of referral to the FER, the delegation proposed is considered to be appropriate.

The following outlines the Power of delegation being proposed:

Designated Officers are nominated as Prosecution Officers for the purposes of the Fines, Penalties and Infringement Notices Enforcement Act 1994, Section 13(2), to administer the issuing of, and any subsequent proceedings in relation to, the notice:

1. For the purpose of this Part, the Registrar may approve a prosecuting authority as a prosecuting authority to which this part applies.

2. The Registrar is not to approve a prosecuting authority unless the authority gives the Registrar written notice of those officers of the authority that are designated as prosecuting officers for the purposes of and in accordance with Section 16 and 22.

3. A prosecuting authority at any time may amend the written notice of designated prosecuting officers.

The designation allows:

a) Signing of Enforcement Certificates to initiate prosecution (Section 16)

b) Signing of Withdrawal of Proceedings Notices (Section 22) for those matters already registered with Fines Enforcement.

Conditions/Notes

Copies of all decisions made are to be retained on the appropriate file or record.

The delegation will be to a number of officers that will allow for timely actioning and follow up of infringement notices.

This delegation has been discussed with WALGA and developed in line with other local governments who provide this power to their officers.

Consultation

Manager Development and Statutory Services

Ranger Services Team Leader

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Fines, Penalties and Infringement Notices Enforcement Act 1994 – s.16 & s.22

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2023/24

Annual Review and Update Delegated Authority Register

Environmental Considerations

Nil

Attachments

Proposed Delegation - Registration of infringement notices

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RECOMMENDATION AND DECISION

12.3.3 New Delegation - Registration of Infringement Notices

Moved: Cr Chambers

Seconded: Cr O'Donnell

O0221-051

Council Resolution

That Council endorse the new delegation for Registration of Infringement Notices.

CARRIED

F8 - A0

Item: 12.3.4

Financial Services Report - January 2021

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

File Ref: D21/2920

Attachments

Financial Services Report - January 2021

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RECOMMENDATION AND DECISION

12.3.4 Financial Services Report - January 2021

Moved: Cr Parker

Seconded: Cr Piercey

O0221-052

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of January 2021 as attached be received.

CARRIED

F8 - A0

Item: 12.3.5

Outstanding Rates - Debt Collection GPC List

Author/s	Tania Hourn	Senior Rates Officer
Authorisor/s	Felicity Baxter	Director Corporate & Community Services
	Beth O'Callaghan	Manager Financial Services

File Ref: D21/3451

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to review the list of outstanding ratepayers that have progressed to the next stage of debt recovery.

Recommendation in Brief

That Council acknowledge the outstanding ratepayers that have progressed to the next stage of debt recovery procedure – General Procedure Claim (GPC).

Background

This report is to provide information to Council on ratepayers with balances outstanding 14 days after the due date of rates, excluding ratepayers who have elected the instalment option or have entered into a formal payment arrangement. It is also requested that Council acknowledge the outstanding ratepayers who have progressed to the next stage of debt recovery, General Procedure Claim (GPC) with our debt recovery agency CS Legal.

CS Legal issued 29 ratepayers with a Demand letter for payment to be made without further legal action proceeding. This letter, dated 6 January 2021 gave the ratepayer 7 days to contact the Shire to either make payment in full or formalise a payment arrangement. This letter incurs no cost to Council, and it does not affect the ratepayer’s credit rating.

In comparison to the same exercise carried out last year there were 120 ratepayers issued a Demand Letter with 17 ratepayers resulting in a GPC, and a total outstanding debt of $39,435.65.

At the time of writing this report there were still 12 ratepayers with balances outstanding 14 days after the first due date of rates. Due dates were extended an extra five weeks and Demand letters were held off until January rather than early December due to COVID-19. Of the 12 properties on the list 9 rate payers have not responded to final notices; telephone calls; the CS Legal Demand Letter or CS Legal SMS notification of outstanding rates. Of the nine properties, 2 ratepayers have long term debt of more than 2 years. There are 3 ratepayers that have made ad hoc payments but did not meet the instalment guidelines.

Officer’s Comment

The due date for the rates this year was 28 October 2020. As per Council Debt Recovery policy a Final Notice from the Shire was sent on 11 November 2020 to all ratepayers with an outstanding balance 14 days after the due date, excluding ratepayers that have elected the Instalment Option or entered into a formal payment arrangement.

Final Notice recipients have 14 days in which to respond. After expiration of the 14 days, a Demand Letter from CS Legal was issued to ratepayers who did not respond to the Final Notice. Demand Letter recipients have 7 days to respond. After the 7 days, a further SMS message was sent from CS Legal as a final notification before proceeding.

The next step of our debt recovery policy is to proceed with a General Procedure Claim (GPC) to ratepayers who have not responded to the Demand Letter. A GPC will incur debt recovery cost of approximately $600 each assessment and is added to the outstanding balance. A GPC will also affect the ratepayers credit rating.

The Rates Officers have been contacting ratepayers from the time the Final Notice was sent from the Shire right through to the day of writing this report, encouraging ratepayers to enter into a formal (signed) payment arrangement if not able to pay in full. When and if contact is made the ratepayer is warned of the pending GPC and the affect it will have on their credit rating and the extra costs.

Payment by the Instalment Option is no longer available if not taken up by the first due date. The ratepayers who have paid the equivalent of the first instalment amount or more have done so only after receiving the Final Notice or the Demand Letter. This does not make them eligible for the Instalment Option, they effectively forfeited that right when they did not pay on time. They have to either pay in full or enter into a formal payment arrangement.

A list of outstanding properties has been attached to this report and is listed in assessment order. It lists the assessment number, amount outstanding, property address and status. The status code is as follows:

Nil- no response to any methods of contact

Ad hoc – ad hoc payments have been received but have not met the instalment guidelines.

Long Term – debt of more than 2 years.

The total outstanding is $27,665.98

As per Council policy for Debt Recovery there will be further debt recovery for ratepayers on the instalment option who are two instalment in arrears 14 days after the due date of the third instalment. The due date of the third instalment is 24 February 2021.

Consultation

CS Legal

Thorp Realty

The Professionals Real Estate

Horizon Power

Financial Implications

Rates outstanding from ratepayers is $27,665.98.

Statutory Implications

Local Government Act WA (1995) Section 6.56 Rates or Service charges recoverable in Court.

Policy Implications

COR013: Debt Collection

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

Corporate Business Plan 2020/21 – 2023/24

4.5.15 Manage Financial Services

Environmental Considerations

Nil

Attachments

GPC List 2021

Ordinary Council: Minutes

23 February 2021 Page 193

RECOMMENDATION AND DECISION

12.3.5 Outstanding Rates - Debt Collection GPC List

Moved: Cr O'Donnell

Seconded: Cr Piercey

O0221-053

Council Resolution

That Council acknowledge the outstanding ratepayers that have progressed to the next stage of debt collection procedure – General Procedure Claim (GPC).

CARRIED

F8 - A0

Item: 12.3.6

Lease Request - Noel White Centre - Esperance Brass Band and Esperance and Districts Agricultural Society

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/3984

Applicants

Esperance Brass Band

Esperance and Districts Agricultural Society

Location/Address

Portion of Noel White Centre, Black Street Esperance

Executive Summary

For Council to consider entering into leases with the Esperance Brass Band and the Esperance and Districts Agricultural Society for a portion each of the Noel White Centre.

Recommendation in Brief

That Council agrees to enter into a lease with the Esperance Brass Band and the Esperance and Districts Agricultural Society for a portion each of the Noel White Centre.

Background

The Esperance Brass Band (Band) and the Esperance and Districts Agricultural Society (Society) have both utilised a space within the Noel White Centre for many years, under arrangements with the Esperance Indoor Sports Stadium Management Committee who managed the stadium on behalf of the Shire of Esperance.

With the recent construction of the new Esperance Indoor Sports Stadium, the Esperance Indoor Sports Stadium Management Committee advised that they would no longer be managing the stadium on behalf of the Shire.

The Noel White Centre has undergone recent renovations and all existing users of the premises were required to find alternate locations to operate while renovations were in progress.

As these renovations are due to be completed in early February, user groups have been contacted to confirm if they wish to lease a portion of the Centre.

The Band and Society have both requested to lease a portion of the Centre for a term of 21 years.

Officer’s Comment

Both groups have previously utilised a space within the Noel White Centre and agreed to vacate the premises while the renovation works were undertaken.

The location is considered to be suitable for both groups as the annual agricultural show is held at the Greater Sports Ground site and organised by the Society, while the Band are able to practice on site without any concerns from other users of the Greater Sports Ground.

Both groups are currently renting alternative spaces and are keen to move back to the Noel White Centre as soon as possible.

Following discussions with officers, the term requested by the groups was not seen to be of concern at this point in time, however as 21 years is a long time it was recommended that the lease term be for an initial term of 5 years, with 3 further term options of 5 years.

This will effectively allow for a 20 year lease while allowing for any changes that may be required within the lease term to be managed effectively.

Consultation

Esperance Brass Band

Esperance and Districts Agricultural Society

Director Asset Management

Financial Implications

Annual lease fee of $110 Inc GST for each lease

Lease preparation fee of $130 Inc GST for each lease

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.3.58 Disposal of Property

Local Government (Functions and General) Regulations 1996 – r.30(2) Dispositions of property excluded from the Act

Policy Implications

COR 004: 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 Insurance

Environmental Considerations

Nil

Attachments

a.	Lease Request - Agricultural Society
b ⇩.	Lease Request - Esperance Brass Band

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Enquiries

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E2102724

Julie Craig

9492 9830

julie.craig@dlgsc.wa.gov.au

Mr Shane Burge

Chief Executive Officer

Shire of Esperance

PO Box 507

ESPERANCE WA 6450

Dear Shane

SHIRE OF ESPERANCE – WARD AND REPRESENTATION REVIEW

This letter is to advise that the Minister for Local Government has approved the recommendation of the Local Government Advisory Board to amend the boundaries for the Rural and Town wards in the Shire of Esperance and for the number of offices of councillor to reduce to two in the Rural Ward and increase to seven in the Town Ward.

Administrative and statutory processes will now commence to obtain the Governor’s approval and publish the changes in the Government Gazette. It is anticipated that these changes will be implemented at the 2021 local government elections.

We will be in contact with your staff during this process and will notify you when gazettal has taken place.

Thanks also to you and your staff for your efforts in undertaking and completing the review on behalf of the Shire.

Yours sincerely

Julie Craig

STRATEGY AND RESEARCH OFFICER

EXECUTIVE SUPPORT BRANCH

On behalf of the Local Government Advisory Board

15 January 2021

RECOMMENDATION AND DECISION

12.4.1 Information Bulletin - January 2021

Moved: Cr McMullen

Seconded: Cr Chambers

O0221-055

Council Resolution

That Council accepts:

1. Information Bulletin - January 2021

2. Corporate Performance Report – January 2021

3. Delegations Discharge - Corporate Resources

4. WALGA Quarterly Overview Report

5. Esperance - Letter Advising CEO of Ministerial Approval

CARRIED

F8 - A0

13. Reports Of Committees

Item: 13.1

Audit Report - Adverse Financial Ratio Trend

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/2166

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider the effects and actions in addressing the financial ratio reported in the 2019/20 financial report that did not meet the minimum Department of Local Government, Sports and Cultural Industries (DLG) standards.

Recommendation in Brief

That Council note the action that is taken through the Long Term Financial Plan to address the financial ratio that does not meet the Department of Local Government, Sport and Cultural Industries basic standard.

Background

The Audit Committee and Council considered the annual financial report and audit report in December 2020. In the Audit Report (Attachment A) it was identified by the Shire’s auditor that the Operating Surplus Ratio did not meet the DLG guideline standards.

Section 7.12A(4) of the Local Government Act 1995 states that a local government must:

(a) Prepare a report addressing any matters identified as significant by the auditor in the audit report, and stating what action the local government has taken or intends to take with respect to each of those matters; and

(b) Give a copy of that report to the Minister within 3 months after the audit report is received by the local government.

Section 7.12A(5) of the Local Government Act 1995 states:

Within 14 days after a local government gives a report to the Minister under subsection (4)(b), the CEO must publish a copy of the report on the local government’s official website.

This report is therefore in response to the above sections of the Act.

Officer’s Comment

The ratio highlighted in the Auditors report of not meeting the DLG standard is of no surprise to the Shire of Esperance. The Shire has for a number of years been following a long term financial plan and looking at ways to address its asset management issues. The operating surplus ratio highlights the pressure that the Shire of Esperance faces with asset management.

The operational guideline on Financial Ratios describe the Operating Surplus as

“A key indicator of a local government’s financial performance is measured by the ‘Operating Surplus Ratio’. If a local government consistently achieves a positive operating surplus ratio and has soundly based long term financial plans showing that it can continue to do so in future, having regard to asset management and the community’s service level needs, then it is considered financially sustainable.

A positive ratio indicates the percentage of total own source revenue available to help fund proposed capital expenditure, transfer to cash reserves or to reduce debt. A negative ratio indicates the percentage increase in total own source revenue (principally rates) that would have been required to achieve a break-even operating result.”

The ratio is calculated by the following calculation:-

(Operating Revenue MINUS Operating Expense)

Own Source Operating Revenue

A basic standard is achieved when the ratio is between 1% and 15% (0.01 and 0.15).

An advanced standard is achieved when the ratio is >15% (>0.15).

The Shire of Esperance has achieved the following for the past 3 years:-

2020 2019 2018

Operating Surplus Ratio (0.14) (0.05) (0.01)

The ratio is subject to a number of one off influences such as prepaid financial assistance grants and abnormal operating expenditure. The biggest influence that a large number of local governments have experienced over the past few years however is the revaluation of assets and the flow on effects that this has had to depreciation which is included as part of operating expense. This increase in depreciation has affected the Shire of Esperance significantly due to its extensive road network and therefore had an impact upon the operating surplus ratio.

The Shire of Esperance is working at increasing revenue, decreasing operating expenditure and reviewing asset life in an attempt to improve the operating surplus ratio. Although the Shire does have a goal to obtain a small underlying operating surplus position, it is believed that the ratio calculation needs to be adjusted to allow recurring renewal capital income to be included into the ratio.

The Shire receives significant amounts of road funding specifically for road asset renewal such as Roads to Recovery, and Regional Road Group that is used to fund the renewal of road assets and fund some of the depreciation that is reported in operating expenses. This capital renewal funding is however specifically excluded as part of the ratio calculation. It is believed that excluding this income from the ratio unfairly distorts the ratio as the Shire needs to include the full cost of the consumption of the assets (depreciation) for roads in the ratio but is unable to include funding from external parties as part of the operating revenue to help fund the capital renewal of assets.

Regardless of the technicalities of the operating surplus ratio, the Shire has a long term financial plan that addresses asset management over the 10 year period and shows that the Shire can manage its asset renewal in a sustainable manner provided grant funding for asset renewal through Roads to Recovery and Regional Road Group is maintained at existing levels.

Consultation

Consultation was conducted with the development of the Long Term Financial Plan which outlines the way that the Operating Surplus Ratio will be improved.

Financial Implications

Although this report in itself doesn’t have financial implications, addressing the issues highlighted by a negative Operating Surplus Ratio have significant issues to the Shire of Esperance.

The Long Term Financial Plan in conjunction with the Revenue Strategy are the methods that the Shire of Esperance is using to address these longer term.

Asset Management Implications

This ratio has issues that affect asset management that have been addressed within the report.

Statutory Implications

Section 7.12A(4) of the Local Government Act 1995 outlines the actions that need to be undertaken if an audit report identified any significant matters.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

Corporate Business Plan 2020/21 – 2023/24

L2.9 Manage Finance

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

13.1 Audit Report - Adverse Financial Ratio Trend

Moved: Cr McMullen

Seconded: Cr Piercey

O0221-056

Council Resolution

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

Nil

18. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Ocean Grown Abalone

Dr Nieukerke expressed his concerns and questioned if the structures being placed in the ocean will be able to be removed in the future.

Cr Mickel responded Council can guarantee the structures built will still be in the sea for many years to come.

Dr Nieukerke questioned how Council can be sure that there is enough money set aside for decommissioning.

Cr Mickel responded that Council do not have any power to make Ocean Grown Abalone put aside money for the rehabilitation.

Mr Burge responded that it is his understanding that the Shire cannot force anyone who puts in a planning or building application to ensure that they put aside money towards decommissioning. Mr Burge stated that Ocean Grown Abalone haven’t got a bankable feasibility study which means that the Shire doesn’t know what the structures or the projects look like.

Dr Nieukerke questioned at what stage will plans for the project come before Council.

Mr Burge responded the Shire will see all plans in the Development Planning approval stage.

Dr K Nieukerke left the Chamber at 5:07pm and did not return.

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr Graham

Seconded: Cr Parker

O0221-057

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 Future Landfilling Options

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 Expression of Interest - Old Hospital Building Museum Village

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)).

17.3 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)).

CARRIED

F8 - A0

17.1 Future Landfilling Options

Moved: Cr Parker

Seconded: Cr Graham

O0221-058

Council Resolution

That Council request the CEO to negotiate critical terms of a draft agreement with the Shire of Coolgardie for the disposal of waste for Councils consideration.

CARRIED

F8 - A0

17.2 Expression of Interest - Old Hospital Building Museum Village

This item was withdrawn.

17.3 CCTV Strategy

Moved: Cr Obourne

Seconded: Cr Piercey

O0221-059

Council Resolution

That Council

1. Endorse the Esperance CCTV Strategy;

2. Request the CEO to release the public summary of the Esperance CCTV Strategy; and

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

CARRIED

F8 - A0

Coming from behind closed doors

Moved: Cr Parker

Seconded: Cr Chambers

O0221-060

That the meeting come from behind closed doors.

CARRIED

F8 - A0

19. CLOSURE

The President declared the meeting closed at 5.19pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

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

Dated_____________________

a.	Request - Condingup District Recreation Association
b ⇩.	Condingup District Recreation Association - Proposed Quantities and use of Jetty Timbers

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

a.	Information Bulletin - January 2021
b ⇩.	Corporate Performance Report - January 2021
c ⇩.	Delegations Discharge – Corporate Resources
d ⇩.	WALGA Quarterly Overview Report
e ⇩.	Esperance - Letter Advising CEO of Ministerial Approval