27 April 2021 Page 1
Shire of Esperance
Ordinary Council
Tuesday 27 April 2021
MINUTES
27 April 2021 Page 1
Shire of Esperance
Ordinary Council
Tuesday 27 April 2021
MINUTES
27 April 2021 Page 2
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
Ordinary Council: Minutes
27 April 2021 Page 4
Table of Contents / Index
ITEM
NO. ITEM HEADING PAGE
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4. APPLICATIONS FOR LEAVE OF ABSENCE
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
8. PUBLIC ADDRESSES / DEPUTATIONS
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
12.1.1 Adoption of Local Heritage Survey (2021 Edition)
12.1.2 Council Policy - EXT XXX: Local Planning Scheme No. 24 Advertising Requirements
12.1.4 New Fee - Noel White Centre
12.3.4 Twilight Beach Mobile Food Van Lease - Lawrence and Leoni Plunkett
12.1.5 Review of Trading in Public Places Policy
12.1.6 Shire of Esperance Public Health Plan 2021-2026
12.2.1 Graham Mackenzie Stadium Redevelopment
12.2.2 Disposal of Tanker Jetty Timbers
12.3 Corporate & Community Services
12.3.1 Lease Request - Esperance Bay Yacht Club
12.3.2 Resignations from Council Committees
12.3.3 Financial Services Report - March 2021
12.3.5 Land Tender - Various Residential and Industrial Lots
12.3.6 Esperance Tourism Strategy
12.3.7 Model Standards for CEO Recruitment, Performance and Termination
12.4.1 Information Bulletin - March 2021
13.2 Bush Fire Advisory Committee - Appointment of Bush Fire Control and Fire Weather Officers
13.3 Community Support Sub Committee Recommendation
13.4 Bush Fire Advisory Committee - Adoption of Recommendations
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. Urgent Business Approved by Decision
17. Matters behind Closed Doors
17.1 Expression of Interest - Old Hospital Building Museum Village
27 April 2021 Page 6
SHIRE OF ESPERANCE
MINUTES
Ordinary
Council Meeting
HELD IN Council Chambers ON
27 April 2021.
COMMENCING AT 4pm
1. OFFICIAL OPENING
The Shire President declared the meeting open at 4.01pm and did an acknowledgement to country.
The Shire of Esperance acknowledges the Nyungar and Ngadju people who are the Traditional Custodians of this land and their continuing connection to land, waters and community. We pay our respects to Elders past, present and emerging and we extend that respect to other aboriginal Australians today.
The President welcomed Councillors, staff, guests and members of the public to the meeting.
2. ATTENDANCE
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
Vacant Town Ward
Shire Officers
Mr S Burge Chief Executive Officer
Mr D Gleave Acting Director Asset Management
Mr M Ammon Acting Director External Services
Mrs F Baxter Director Corporate & Community Services
Miss A McArthur Executive Assistant
Miss S Hawke Trainee Administration Assistant – Executive Services
Members of the Public & Press
Dr K Nieukerke Item 7
Mr R Smoker Item 7
Mrs L Plunkett Item 12.3.4
Mr L Plunkett Item 12.3.4
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
Mr M Walker Director Asset Management Leave
Mr S McKenzie Acting Director External Services Leave
4. APPLICATIONS FOR LEAVE OF ABSENCE
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Motion |
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Seconded: Cr Piercey That Council accept the following leave of absence: Cr O’Donnell 5 May until 17 May 2021 Cr Graham 9 May until 9 June 2021 F8 - A0 |
Mrs Plunkett entered the Chamber at 4.02pm.
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
Cr Mickel advised the meeting will be video recorded. The recording will be made publicly available as soon as practical following the meeting.
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
Mr Burge declared a financial interest in item 12.3.7 as the item relates to standards for CEO recruitment, performance and termination which directly affects his role.
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
Cr Obourne declared an impartiality interest in item 12.2.2 as she is attends the Esperance Christian Family Church.
Cr Chambers declared an impartiality interest in item 13.2 as he is recommended to be appointed as a representative on the Bush Fire Advisory Committee.
Cr Chambers declared an impartiality interest in item 13.4 as he is recommended to be appointed as a representative on the Bush Fire Advisory Committee.
Cr Mickel declared an impartiality interest in item 13.2 as his son is a nominee for the Bush Fire Advisory Committee.
Cr Mickel declared an impartiality interest in item 12.1.3 as he is a member of the Esperance Agricultural Show Society.
Cr Parker declared an impartiality interest in item 12.1.3 as he is a member of the Esperance Agricultural Show Society.
Cr Parker declared an impartiality interest in item 12.1.4 as he is a director on the Esperance District Football Association.
Cr Graham declared an impartiality interest in item 12.3.4 as he is a neighbour of the applicants.
Cr Graham declared an impartiality interest in item 12.1.3 as he is a member of the Esperance Districts Agriculture Society.
Cr Graham declared an impartiality interest in item 12.3.1 as he is a former member of the Esperance Bay Yacht Club.
7. PUBLIC QUESTION TIME
1. Dr K Nieukerke
Dr Nieukerke tabled a number of questions which were provided in writing to the Shire President.
The Shire President took these questions on notice. A response will be provided to Dr Nieukerke in writing and will be included in the May Ordinary Council Meeting Agenda as per Section 3.3 of the Standing Orders.
Mr Plunkett entered the Chamber at 4.16pm.
2. Mr R Smoker – New Esperance Jetty
Mr Smoker wished to make Council aware of the interpretive seating and shelters on the Jetty, in which he believed were being used incorrectly as fishing storage and cleaning.
Mr Smoker questioned why there is no disabled fishing access on the southern side of the Jetty.
Mr Burge responded that there is nothing stopping people from fishing on the southern side.
Mr Smoker questioned why there are no gaps in the timber railing as there are on the northern side. Mr Smoker stated the continuous railing restricts particularly disabled from fishing off that side.
Cr Mickel responded that he asked similar questions leading up to the construction, however he was advised that there are a number of safety requirements that needed to be considered and complied with. Cr Mickel advised that on the northern side, there are timber planks laid where there are gaps in the railing to ensure safety, particularly those in wheelchairs. Cr Mickel also explained that the southern side was where ships used to doc on the Tanker Jetty.
Cr Mickel thanked Mr Smoker for pointing out the incorrect use of facilities on the Jetty and he hopes residents and visitors can begin to use the seating and shelters better in the future.
3. Dr K Nieukerke – Illegal Dumping
Dr Nieukerke questioned if the illegal dumping of Victorian tea tree had been resolved yet.
Cr Mickel responded that the issues has not been fully resolved and is being dealt with by the Department of Water Environmental Regulations and the property owners.
4. Dr K Nieukerke - Windfarms
Dr Nieukerke questioned who the land owners of the Shark Lake Windfarm and the Windfarm on Twilight Beach Road.
Mr Burge took this question on notice. A response will be provided to Dr Nieukerke in writing and will be included in the May Ordinary Council Meeting Agenda as per Section 3.3 of the Standing Orders...
5. Mrs L Plunkett – Item 12.1.5
Mrs Plunkett questioned if item 12.3.4 could be dealt with prior to item 12.1.5.
Cr Mickel responded that he intended to move item 12.3.4 as requested.
Mrs Plunkett questioned if the traders permit allows the Shire to control the minimum operating hours of the trader.
Cr Mickel responded that the Shire can control the hours of operation for a traders permit, however the Shire cannot force the trader to operate in the allocated hours.
8. PUBLIC ADDRESSES / DEPUTATIONS
Nil
9. Petitions
Nil
10. CONFIRMATION OF MINUTES
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Seconded: Cr Chambers That the Minutes of the Ordinary Council Meeting of the 23 March 2021 be confirmed as a true and correct record. F8 - A0 |
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
Cr Chambers
28 Mar Attended Official Jetty Opening
Cr Obourne
28 Mar Attended Official Jetty Opening
9 Apr Constituent Meeting regarding small business’ in Esperance
20 Apr Visited ANZAC Victoria Cross Story Exhibition at the Civic Centre
22 Apr City of Albany regarding Shire & Council operations
Cr O’Donnell
12 Apr Visited Esperance Homecare and delivered Meals on Wheels
19 Apr Visited Esperance Homecare and delivered Meals on Wheels
21 Apr Visited ANZAC Victoria Cross Story Exhibition at the Civic Centre
23 Apr Attended Farm to Foundry Chris Siemer Exhibition Opening Night
24 Apr Attended St Andrews Anglican Church Fete
24 Apr Attended Art for Art’s Sake Performance at the Bijou Theatre
25 Apr Attended the Laying of the Wreath ANZAC Day Ceremony
Cr Parker
25 Mar Travelled to Scaddan and discussed options for upgrading their Recreation Centre and Community Water Supply.
20 Apr Attended a Business Roundtable Meeting with ECCI and the GEDC.
Cr Graham
28 Mar Attended Official Jetty Opening
Cr McMullen
28 Mar Attended Official Jetty Opening
Cr Piercey
21 Apr Attended Writers' Group
22 Apr Met with Cannery Arts Centre President
23 Apr Attended Farm to Foundry Chris Siemer Exhibition Opening Night
25 Apr Attended Anzac Day March
Cr Mickel
25 Mar Travelled to Scaddan and discussed options for upgrading their Recreation Centre and Community Water Supply.
26 Mar Travelled to Norseman and attended the GVROC meeting.
26 Mar Attended the opening of the Woodlands Cultural, Community & Visitor Centre in Norseman.
28 Mar Attended Official Jetty Opening
30 Mar Met with representatives of involved in extractive industries and farming to discuss road conditions impacted cartage of the mined products.
31 Mar Took part in a video for Blessing of Roads for the Easter Road Safety program.
31 Mar Attended a Zoom meeting of member Mayors & Presidents of Regional Cities to discuss strategies to progress RCAWA agenda to the new State Government.
6 Apr Travelled to Dalyup and had a guided tour of the site being prepared for filming of “Before Dawn”.
15 Apr Attended a Zoom meeting of RCAWA.
20 Apr Conducted a Citizenship Ceremony for 3 new citizens.
20 Apr Attended a Business Roundtable Meeting with ECCI and the GEDC
22 Apr Met with representatives of CBH, who briefed us on upgrades at Salmon Gums receival site and other minor works in Esperance area.
23 Apr Attended Zoom meeting with GVROC to discuss WALGA State Council Agenda.
23 Apr Attended “Farm to Foundry” Chris Siemer Retrospective Exhibition and did the Official Opening.
25 Apr Attended the Anzac Day Dawn Service. Also the Anzac Day Laying of the Wreath Service when the CEO and I laid a wreath on behalf of the community.
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
Adoption of Local Heritage Survey (2021 Edition)
|
Nicholas Kleinig |
Acting Manager Council Enterprises |
|
|
Scott McKenzie |
Acting Director External Services |
File Ref: D21/6744
Applicant
Internal
Location/Address
N/A
Executive Summary
For Council to formally adopt the finalised Local Heritage Survey (2021 Edition).
Recommendation in Brief
That Council adopt the Local Heritage Survey (2021 Edition).
Background
At the Ordinary Council Meeting held on December 22, 2020, it was resolved:
“That Council endorse the draft Local Heritage Survey and commence a formal ninety (90) day advertising process to landowners and the public.”
Advertising commenced on December 23, 2020, with a closing date of March 26, 2021.
Officer’s Comment
Submissions received during advertising included:
|
Summary of Submission: |
Officer’s Comment |
|
Request for acknowledgement of Esperance Bay Historical Society (EBHS) contributions to original 1996 Municipal Heritage Inventory. |
The contributions to the original 1996 Municipal Heritage Inventory by the EBHS have now been formally recognised in the acknowledgements section of the revised Local Heritage Survey (2021 Edition). |
|
How to obtain printed copies of the revised Local Heritage Survey (2021 Edition). |
The Local Heritage Survey is available to download free of charge as an interactive PDF file from the Shire website. Printed copies will be made publicly available for viewing through the Esperance Museum, Esperance Library and Esperance Bay Historical Society. At 715 “partial colour” double-sided pages, the price for printing as per Council’s Schedule of Fees and Charges would total $786.50 per copy, excluding officer time, covers and binding. The document is freely and publicly available online, and EMT have suggested that where someone wants to keep a hard copy then they can print it themselves. |
Minor changes made to the document as previously presented to Council include:
- (3rd Page) Acknowledgements updated to include EBHS’s 1996 contributions per above;
- Page 68, text noting sign spelled ‘Hortin’ per 1896 photograph updated to include more current and correct / common spelling ‘Horton’;
- Page 204, text on 2021 opening of Esperance Jetty updated;
- Page 213, photos of 2021 opening of Esperance Jetty included;
- Page 545, 1896 survey from Graham Gath added to Moirs’ Homestead; and
- Page 595, 1913 survey from Graham Gath added to OTC Wireless Station.
Consultation
A ninety (90) day public advertising period took place between December 23, 2020 and March 26, 2021.
As a ‘living document’, comments received post the closure of this advertising period may be considered for inclusion in future editions of the Local Heritage Survey.
Financial Implications
The primary financial implication arising from this report is in pricing of printed versions of the Local Heritage Survey.
Printed copies will be made available (free of charge) for viewing through the Esperance Museum, Esperance Library and Esperance Bay Historical Society.
At 715 “partial colour” double-sided pages, the price for printing as per Council’s Schedule of Fees and Charges would total $786.50 per copy, excluding officer time, covers and binding. Printing and binding costs may be lower externally to the Shire of Esperance, and EMT have suggested that where someone wants to keep a hard copy then they can print it themselves.
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all
Facilitate and support sport, recreation, arts and cultural activities
Corporate Business Plan 2020/21 – 2023/24
C3 Facilitate and support sport, recreation, arts and cultural activities
Environmental Considerations
Nil
|
a⇨. |
Final Version - Local Heritage Survey, 2021 - Under Separate Cover |
|
RECOMMENDATION AND DECISION
|
Seconded: Cr Obourne Officer’s Recommendation That Council: 1. Adopt the revised Local Heritage Inventory (2021 Edition); and 2. Provide hard copies of the document free of charge to the Esperance Museum, Esperance Library, Esperance Bay Historical Society and the Heritage Council. Council Resolution That Council: 1. Adopt the Local Heritage Survey (2021 Edition) as per Attachment A; and 2. Provide hard copies of the document free of charge to the Esperance Museum, Esperance Library, Esperance Bay Historical Society and the Heritage Council.
F8 - A0 |
Reason: Council wanted to name the document correctly in the resolution.
Item: 12.1.2
Council Policy - EXT XXX: Local Planning Scheme No. 24 Advertising Requirements
|
Author/s |
Richard Hindley |
Manager Strategic Planning & Land Projects |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/7599
Applicant
Internal
Location/Address
Shire of Esperance
Executive Summary
For Council to consider adopting the proposed Council Policy “Local Planning Scheme No. 24 Advertising Requirements” (Attachment A).
Recommendation in Brief
That Council adopt Council Policy EXT XXX– Local Planning Scheme No. 24 Advertising Procedures.
Background
Following a request from the Ombudsman in relation to the development approval on Lot 1745 Merivale Road, Merivale the Advertising Procedures – Local Planning Scheme No. 24 document was created to provide a consistent standard of advertising based on zone and land use. Since this time it has been used as an internal process by planning staff.
Two briefing sessions have been held with Council, the first one on 22 December 2020 ran through the ‘why and how we advertise’ development applications and provided a draft table for discussion. The second briefing was held on the 9 March 2021 where it was agreed that the advertising process should be considered as a Council Policy.
Officer’s Comment
The Local Planning Scheme No. 24 Advertising Requirements is now brought back to Council to be adopted as a Council Policy.
Consultation
This policy relates to how consultation is undertaken with respect to Development Applications.
Financial Implications
Nil
Asset Management Implications
N/A
Statutory Implications
Local Government Act 1995 – s2.7(2)(b) Determine Local Government’s policies
Policy Implications
This item relates to Policy development
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments that enhance the existing built environment
Encourage innovation and support new development
Corporate Business Plan 2020/21 – 2023/24
Built Environment
B3.3 Update ad Implement Local Planning Scheme and Policies
Environmental Considerations
N/A
|
a. |
EXT XXX - Local Planning Scheme No. 24 Advertising Requirements |
|
RECOMMENDATION AND DECISION
Item: 12.1.3
Request for Waiver of Hire Fees for Esperance Sporting Complex, Greater Sports Ground and Waste Disposal - Esperance and Districts Agricultural Society
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Author/s |
Jaye Jose |
Acting Manager Council Enterprises |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/7632
Applicant
Esperance and Districts Agricultural Society (EDAS)
Location/Address
N/A
Executive Summary
To consider waiving fees for the hire of the Esperance Sporting Complex (being the Esperance Indoor Stadium and the Graham McKenzie Stadium), Greater Sports Ground (GSG) and rubbish removal for show week in exchange for Double Platinum Sponsorship of the 2021 Esperance and Districts Agricultural Show.
Recommendation in Brief
That Council waive fees for the Esperance Sporting Complex, Greater Sports Ground and waste disposal for the 2021 Esperance and Districts Agricultural Society Show in exchange for Double Platinum Sponsorship.
Background
To assist the EDAS recoup funds lost last year from the show not being held due to COVID, the committee has requested that fees for the Esperance Sporting Complex, GSG and rubbish removal be waived. In return the Shire will become a Double Platinum Sponsor receiving permission to place signage around the grounds at the show, naming rights to a marquee, full page advertisement in the show schedule, free 3m indoor or 10m outdoor trade site, car passes and 10 adult passes, and an invitation to Presidents dinner/lunch.
Officer’s Comment
The approximate cost of the Esperance Sporting Complex hire fees is $1,440, the Greater Sports Ground hire fee is $1,760.
The EDAS usually ask the Shire to waive the rubbish disposal fees for the Show each year, this has generally been allowed by allocating the cost to the Community Assistance - Minor account. It would seem prudent to consider waiving the disposal of waste and placement of bins fees at the same time as the above request, this cost is approximately $1,500. EDAS have sought assistance from a local waste company to transport the waste in previous years.
The Double Platinum sponsorship package is available at the cost of $3,000 plus GST and is considered a reasonable exchange for the waiver of the fees.
Consultation
Nil
Financial Implications
As mentioned above.
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Active volunteers supporting organisations and activities that bring the community together.
Encourage and support volunteers and community groups
Corporate Business Plan 2020/21 – 2023/24
C4.4 Provide support and advice to community groups
Environmental Considerations
Nil
|
a. |
Request for fee waiver and rubbish removal |
|
|
b⇩. |
Esperance Agricultural Society - Sponsors Information |
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Ordinary Council: Minutes
27 April 2021 Page 38
RECOMMENDATION AND DECISION
Item: 12.1.4
New Fee - Noel White Centre
|
Author/s |
Jaye Jose |
Acting Manager Council Enterprises |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/7786
Applicant
External Services
Location/Address
Noel White Centre
Executive Summary
To consider the addition of a new fee into the Fees & Charges for local community groups and sporting association’s to hire offices and storage spaces in the Noel White Centre (NWC) for a yearly fee.
Recommendation in Brief
For Council to create a new fee for a yearly hire of $110 per financial year for each space to local community groups and sporting associations.
Background
The NWC renovation has recently been completed and the following groups have expressed an interest in hiring of the office and storage spaces.
· Toy Library hire of a storage space and function room each Saturday morning (currently in Fees & Charges at $38 an hour),
· Esperance and Districts Recreation Association (EDRA) hire of a storage space and quarterly meetings in the meeting room (currently in Fees & Charges at $20 per hour), and
· Esperance and Districts Football Association hire of a storage space and an office.
The grant application for funding for the Noel White Centre included a statement that once complete, it would be available for community groups to utilise for a reduced fee.
Esperance Brass Band and Esperance and Districts Agricultural Society have recently signed lease agreements for larger areas of the same building for $110 per annum, as per Council’s decision (O0221-054) during the February 2021 Ordinary Council Meeting.
Officer’s Comment
The recommendation is being made to encourage the use of the NWC and to support local community and sporting associations by reducing the costs upon association’s and their volunteers.
An MOU will be prepared that will cover the expectations of all parties with regard to the usage of the storage space and offices.
Consultation
Toy Library
EDRA
EDFA
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are:
· Part 6, Division 5, s.6.16 of the Local Government Act 1995 deals with the imposition of new fees and charges.
· Part 6, Division 4, s.6.6 of the Local Government Act 1995 deals with amendments to the Annual Budget.
Policy Implications
COR 004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all
Facilitate and support sport, recreation, arts and cultural activities
Corporate Business Plan 2020/21 – 2023/24
G1.1 Manage Shire Leases and Insurances
Environmental Considerations
Nil
RECOMMENDATION AND DECISION
|
Seconded: Cr Piercey Council Resolution That Council 1. Create an additional class of fees for the Noel White Centre as follows: a. Storage and/or office space for Community Organisation & Sporting Groups $110 per annum 2. Give public notice of the imposition of the new fees identifying that they will commence from May 1 2021. F8 - A0 |
Item: 12.3.4
Twilight Beach Mobile Food Van Lease - Lawrence and Leoni Plunkett
|
Author/s |
Sarah Walsh |
Coordinator Governance & Corporate Support |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/8747
Applicant
Lawrence and Leoni Plunkett
Location/Address
Portion Lot 301 Twilight Beach Road, Dalyup
Executive Summary
For Council to consider the lease renewal request, received from Lawrence and Leoni Plunkett for the mobile food van site located at Twilight Beach.
Recommendation in Brief
That Council;
1. Advise Lawrence and Leoni Plunkett that the Twilight Beach area will be managed by Trading Permits rather than a lease in future; and
2. Invite Lawrence and Leoni Plunkett to apply for a Trading Permit.
Background
Lawrence and Leoni Plunkett have been leasing the premises since July 2014, when the lease was reassigned from the previous tenant. This lease was extended for a further 5 year term upon its expiry in June 2016 and is now due to expire 30 June 2021, with no further terms being available.
Lawrence and Leoni Plunkett (Lessees) have requested to renew their lease for a further 5 or 10 years, with correspondence being received in June 2020, November 2020 and January 2021.
Following receipt of the initial correspondence, the Lessees were advised that this renewal would be looked at in early 2021 as the expiry date was not until June 2021.
Further to this, the Lessees were advised of the trial occurring over the 20/21 summer holiday period in line with the Trading in Public Places Policy.
Officer’s Comment
Discussion with officers has revealed that there are currently plans to adjust the management of this area following the trial that was run over the 20/21 summer holiday period, which allowed a permit holder to operate from the vicinity in line with the Trading in Public Places Policy.
As a result of this trial, officers are proposing to amend the Trading in Public Places Policy to include the Twilight Beach area which will result in the area being managed by Trading Permits rather than being leased in future. The feedback received from the Lessees with regard to the proposed change in management of the area (Attachment B) was provided to officers during discussions.
It is proposed that two permit sites will be available, which will assist to increase usage of the site for trade and create a more vibrant area.
It is noted that the adjustment to the Trading in Public Places Policy is also to be considered at the April 2021 Ordinary Council Meeting.
Consultation
Leoni Plunkett
Executive Management Team
Manager Development and Statutory Services
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995
Policy Implications
EXT 030: Trading in Public Places
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 – 2024/25
Manage Shire Leases and Insurance
Environmental Considerations
Nil
|
a. |
Request to Renew Lease - Lawrence and Leoni Plunkett |
|
|
b⇩. |
Feedback Regarding Change in Management Arrangement |
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27 April 2021 Page 71
RECOMMENDATION AND DECISION
Item: 12.1.5
Review of Trading in Public Places Policy
|
Author/s |
Katie Walker |
Administration Officer |
|
|
Paul Clifton |
Manager Development & Statutory Services |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/9762
Applicant
Internal
Location/Address
Various
Executive Summary
For Council to consider the revised Trading in Public Policy.
Recommendation in Brief
That Council;
1. Adopt the proposed Trading in Public Places Policy.
2. Undertake community notification to advise of the adoption of the Trading in Public Places Policy.
Background
Polices adopted by Council are required to undergo regular and timely review. This Policy was reviewed in December 2020, however this review was prior to two trials being conducted during December 2020 and January 2021. The revised Policy (Attachment A) incorporates the outcomes of these trials.
The review process has also resulted in the Policy being simplified in its format to assist its interpretation. The intent of the policy however remains the same, that being to:
· To provide direction to Shire staff in the processing of applications for trading in public places in accordance with the Shire of Esperance’s Activities in Thoroughfares and Public Places and Trading Local Law 2016; and,
· To provide a clear set of conditions for operators to trade under.
The revised Policy takes into account trials conducted over the 2020/2021 summer period at Twilight Beach and the grassed area adjacent to the museum village (Reserve 2815).
Officer’s Comment
EXT 030 Trading in Public Places Policy identifies locations where trading can occur within the Shire. This includes trading from a food van. The revised Policy identifies two additional locations where a food van may trade, those being Reserve 2815 (grassed area adjacent to Museum Village) and Reserve 50765 (Twilight Beach).
For a food van to operate at Reserve 2815, the applicants must be a Community Service Organisation and can only operate between the months of December to February and the Easter period for one night per week.
It has been proposed that a lease arrangement for a food van to operate at Reserve 50765 Twilight Beach not be renewed to allow for traders to operate under this Policy, which will require traders to obtain a Trading in Public Places permit. The proposed Policy allows for two food vans to trade from an approved fixed location. There is a lease application for this location in a later item in this Agenda.
Option One
That Council;
1. Adopt the proposed Trading in Public Places Policy as attached.
2. Undertake community notification to advise of the adoption of the Trading in Public Places Policy.
Option Two
That Council;
1. Adopt the proposed Trading in Public Places Policy with amendments
2. Undertake community notification to advise of the adoption of the Trading in Public Places Policy.
Consultation
Council were briefed on the proposed changes to the Trading in Public Places Policy on Tuesday, 23rd February 2021.
Coordinator Governance & Corporate Support
Acting Director External Services
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995
Trading in Thoroughfare and Public Places and Trading Local Law.
Food Act 2008
Policy Implications
EXT 030: Trading in Public Places
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments that enhance the existing built environment
Encourage innovation and support new development
Corporate Business Plan 2020/21 – 2024/25
B3.1 Manage Asset Development
Environmental Considerations
Nil
|
a. |
Trading in Public Places |
|
RECOMMENDATION AND DECISION
|
Seconded: Cr McMullen Council Resolution That Council 1. Adopt the proposed Trading in Public Places Policy as attached. 2. Undertake community notification to advise of the adoption of the Trading in Public Places Policy. F8 - A0 |
Item: 12.1.6
Shire of Esperance Public Health Plan 2021-2026
|
Author/s |
Chantal Spittle |
Environmental Health Coordinator |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/8450
Applicant
External Services
Location/Address
Nil
Executive Summary
For Council to consider the Esperance Public Health Plan 2021-2026 and Summary Document.
Recommendation in Brief
That Council endorse the Esperance Public Health Plan 2021-2026 and Summary Document as attached.
Background
The Public Health Plan (the Plan) is a five year strategic document that meets the Shire’s legislative obligations for the development of a local Public Health plan as required by upcoming changes to the Public Health Act 2016.
It is designed to guide an integrated health and wellbeing planning process for the purpose of protecting, promoting and enhancing the health, wellbeing and quality of life for the Esperance community.
The new Act recognises that improving the health of a community requires collaborative action and embedded the requirements for public health planning at State and Local Government levels.
In line with the State Public Health plan, the purpose of the plan is to protect, improve and promote public health and wellbeing for our community to reduce the incidence of preventable illness.
The Plan is an informing strategy to the Shire’s Strategic Community Plan and Corporate Business Plan. It establishes an integrated health and wellbeing planning process that fits into the Planning framework under the Local Government Act 1995. The Public Health Planning Guide for Local Government was used as a development tool.
Officer’s Comment
The development of the Public Health Plan was informed through a review of the Shire’s demographics and health profile followed by a community and stakeholder engagement to identify the current health and wellbeing needs of our community. Feedback survey results can be found in Attachment C.
Once priorities were identified, further consultation was sought through the circulation of the draft Public Health Plan to service providers, local organisations and government departments as well as to our internal cross-functional team. This internal team formed the initial Shire of Esperance working group and included Environmental Health Officers, Town Planners, Building Officers, Engineers, Human Resource Officers, External Service Officers and staff from the Leisure Centre resulting in a centralised, organisation-wide approach to Public Health.
The Shire also worked in close collaboration with the WA Department of Health and WA Country Health Services throughout the development of the Plan and will continue to build on this relationship when reviewing and evaluating the Plan and initiatives contained within the Action Plan as part of their advisory committee role.
The Plan aims to identify the health and wellbeing needs of the community and establish priorities and strategies for a five year period, with a focus on the following key areas:
1. Healthy Active Lifestyle opportunities for all by informing and empowering individuals to make positive health choices which enhance their physical and mental wellbeing
2. A Safe and Protected Community by undertaking a range of actions and programs designed to provide safeguards to protect a person’s health from external sources in the built and natural environment to prevent disease.
3. An Inclusive, Resilient and Connected Community by providing a range of services and facilities designed to meet the community wellbeing needs by promoting and developing positive external factors to a person’s health.
The Plan includes performance measures and a reporting mechanism to evaluate its implementation over the first five years, which will then be followed by a review process.
As the Health Act has not been adopted to include a mechanism for the adoption of the Public Health Plan, it is felt by Officers that a period of public consultation could be a good option to ensure that the community have the ability for input before formal adoption by Council, therefore a 6 week public consultation period is recommended.
Consultation
Council were briefed on this topic on 8th September 2020
Shire of Esperance Staff as discussed above
WA Department of Health
WA Country Health Services
Identified Stakeholders
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Part 5 of the Public Health Act 2016 will require all Local Governments to develop a local Public Health Plan, Part 5 will come into effect at stage 5 of the implementation of the Public Health Act 2016. The State Health Plan has been prepared by the Chief Health Officer and local governments can initiate the plan prior to the Act being amended. It is believed that stage 5 will require a Public Health Plan in 2021.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Everyone has access to quality health facilities and educational opportunities
Facilitate improved access to health, welfare and education opportunities.
Corporate Business Plan 2020/21 – 2024/25
C2.3 Develop the Shire Public Health Plan
Environmental Considerations
Nil
|
a. |
Public Health Plan 2021-26 Summary |
|
|
b⇨. |
Public Health Plan 2021-26 Full - Under Separate Cover |
|
27 April 2021 Page 79
RECOMMENDATION AND DECISION
|
Seconded: Cr Piercey Council Resolution That Council; 1. Receive the Esperance Public Health Plan 2021-2026 and Summary Document as attached, and 2. Undertake a 6 week public consultation period to seek comments from the community. F8 - A0 |
Mr & Mrs Plunkett left the Chamber at 4.46pm and did not return.
Mr Clifton left the Chamber at 4.48pm and did not return.
Item: 12.2.1
Graham Mackenzie Stadium Redevelopment
|
Author/s |
Mathew Walker |
Director Asset Management |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/12208
Applicant
Internal
Location/Address
Greater Sports Ground, Esperance
Executive Summary
For Council to consider the results of the Graham Mackenzie Stadium Redevelopment Tender negotiations.
Recommendation in Brief
That Council;
1. Re-assess the Graham Mackenzie Stadium Redevelopment in mid-2023; and
2. Request the Chief Executive Officer to keep records on the usage of the Graham Mackenzie Stadium.
Background
During the detailed design development for the Esperance Indoor Sports Stadium upgrade project it was discovered that the structure of the existing main stadium (courts 1 and 2) was structurally deficient compared to today’s engineering requirements. This resulted in the project being changed to a new purpose built structure and the current stadium being closed in high winds.
Options were investigated to make the Graham Mackenzie Stadium structurally compliant by Bluemar. The Shire then engaged Wells Building Designers and Consultants to develop the detailed redevelopment drawings and tender specification that incorporated the required structural upgrades.
The Graham Mackenzie Stadium Redevelopment works were tendered in late 2020, with only one tender being received. At the January 2021 Ordinary Council Meeting, Council resolved the following.
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;
Shire officers negotiated with Sime Building and Construction on what options there were to reduce the tender sum. The outcomes of these negotiations are included in Confidential Attachment A. Unfortunately the only way to substantially reduce the tender sum would be via a major change in the scope of work. A major scope change would require a new request for tender to be called to comply with the Local Government (Functions and General) Regulations 1996.
Officer’s Comment
Given the outcome of the negotiation with Sime Building and Construction, which would require a redesign and a new request for tender to reduce the tender sum and that the current building market is saturated it is recommend that Council re-asses the project by mid-2023. This will also allow for statistics to be kept over the two years to evaluate current usage of the Graham Mackenzie Stadium and inform any redesign options.
An alternative option to only upgrade court 3 of the Graham Mackenzie Stadium was considered. In discussion with Wells Building Designers and Consultants and the Building Surveyor it would not be possible to undertake the court 3 upgrades without undertaking the following upgrades to the entire building:
· Structural upgrades
· Emergency Exits / Emergency Lighting & Fire Services
· Health & Amenity & Accessibility
This practically rules out being able to undertake the court 3 upgrades standalone.
Consultation
Sime Building and Construction
WALGA
Wells Building Designers and Consultants
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government (Functions and General) Regulations 1996
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 – 2024/25
B1.11 Upgrade the Graham Mackenzie Stadium
Environmental Considerations
Nil
|
a. |
Sime Building and Construction - Graham Mackenzie Stadium Redevelopment - Confidential |
|
RECOMMENDATION AND DECISION
|
Seconded: Cr O'Donnell Council Resolution That Council 1. Re-assess the Graham Mackenzie Stadium Redevelopment in mid-2023; and 2. Request the Chief Executive Officer to keep records on the usage of the Graham Mackenzie Stadium to inform any redesign options available. F8 - A0 |
Item: 12.2.2
Disposal of Tanker Jetty Timbers
|
Author/s |
Mathew Walker |
Director Asset Management |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/12210
Applicant
Esperance Christian Family
Location/Address
Corner Norseman Road and Sheldon Road
Executive Summary
For Council to consider the request donation of Historic Tanker Jetty timber to Esperance Christian Family.
Recommendation in Brief
That Council
1. Donates Historic Esperance Tanker Jetty up to Grade 2 Timber to the Esperance Christian Family as per the quantities requested; and
2. Request the CEO to develop a process for the community to access the Historic Esperance Tanker Jetty for Council’s consideration.
Background
As part of the deconstruction of the Esperance Tanker Jetty, the historic timber from the Jetty is being salvaged. H+H Architects, who are Heritage Architects, have been engaged to undertake a Watching Brief for the deconstruction of the Jetty, as per the Heritage Council requirements. As part of the Watching Brief H+H Architects has developed a timber sorting matrix for the classification of timber recovered from the Jetty, through the sorting of the Jetty timbers stored at the depot. From this H+H Architects have come up with four grades to classify the Jetty timbers into.
Esperance Christian Family have requested of Historic Tanker Jetty timber to be incorporated in their new building as detailed in the attached letter. They require approximately 55 to 65 lineal meters of 390 mm x 190 mm or the equivalent volume. Esperance Christian Family require confirmation on the access to timber by the end of April as to whether or not it can be incorporated in to their design, before going to construction.
The table below is the amount of Historic Tanker Jetty Timber recovered, excluding timber donated to Men in Sheds or donated in the previously by Council.
|
Size mm |
Grade 1 |
Grade 2 |
Grade 3 |
|
|
1935 pile |
N/A |
40 |
0 |
0 |
|
deck plank |
225x100x4500 |
280 |
1055 |
348 |
|
single stringer |
350x150x9100 |
0 |
0 |
151 |
|
double stringer |
380x350x9100 |
18 |
69 |
89 |
|
single corbel |
280x150x1500 |
17 |
144 |
0 |
|
double corbel |
250x350x1500 |
151 |
0 |
0 |
|
half cap |
380x175x4500 |
0 |
121 |
68 |
Officer’s Comment
There is no current process in place for access to Grade 1, 2 and 3 Esperance Tanker Jetty timbers for the community, given the Esperance Jetty is now complete it is worth considering a process on how the community may be able access the timber.
Given Esperance Christian Family require a decision on access to the Historic Tanker Jetty timber by the end of April, it is appropriate for Council to consider this request before a process is developed. As the proposal is to incorporate the timber into a building that will be accessible by the community it is recommend that Council approve this request up to grade 2 timber. 65 lineal meters is approximately 7 stringers.
Consultation
Esperance Christian Family
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Built Environment
New developments that enhance the existing built environment
Encourage innovation and support new development
Environmental Considerations
Nil
|
a. |
Esperance Christian Family Church - Tanker Jetty Timber Request |
|
Ordinary Council: Minutes
27 April 2021 Page 84
RECOMMENDATION AND DECISION
|
Seconded: Cr O'Donnell Officer’s Recommendation That Council 1. Donates Historic Esperance Tanker Jetty up to Grade 2 Timber to the Esperance Christian Family as per the quantities requested; and 2. Request the CEO to develop a process for the community to access the Historic Esperance Tanker Jetty for Council’s consideration. Council Resolution That Council 1. Donates Historic Esperance Tanker Jetty up to Grade 2 Timber to the Esperance Christian Family as per the quantities requested; and 2. Request the CEO to develop a process for potential uses of the remaining Historic Esperance Tanker Jetty Timber for Council’s consideration. F8 - A0 |
Reason: Council wanted to reword dot point two to clarify the process in which they are asking the CEO to develop.
12.3 Corporate & Community Services
Item: 12.3.1
Lease Request - Esperance Bay Yacht Club
|
Author/s |
Mary Bidstrup |
Governance and Corporate Support Officer |
|
Authorisor/s |
Sarah Walsh |
Coordinator Governance & Corporate Support |
File Ref: D21/5344
Applicant
Esperance Bay Yacht Club
Location/Address
Portion of Reserves 27318 and 32135, Lot 921 on DP 191740 and Lot 992 on DP 220456 The Esplanade, Esperance
Executive Summary
For Council to consider entering into a lease with the Esperance Bay Yacht Club for portions of Reserves 32135 (Lot 921 on Deposited Plan 191740) and 27318 (Lot 992 on Deposited Plan 220456).
Recommendation in Brief
That Council agrees to enter into a lease with the Esperance Bay Yacht Club for portions of Reserves 32135 (Lot 921 on Deposited Plan 191740) and 27318 (Lot 992 on Deposited Plan 220456).
Background
The Esperance Bay Yacht Club (the Club) have held leases with slightly varying lease areas in their current location since at least 1975, the date of the earliest lease found in our records.
The lease area was amended in 2010 to include a part of Reserve 27318 to the east of the club rooms. This amendment allowed the Club to develop the grassed area to the east of the clubrooms by levelling it in preparation for the National 125 Championships in December 2010 and the Around Australia Yacht Race in 2011.
A Memorandum of Understanding (MOU) between the Shire and the Club was signed in 2017 regarding the pathway along the foreshore, currently passing through the Club’s lease area in Reserve 27318. This MOU clarifies that maintenance of the pathway is the responsibility of the Shire.
The Club has invested in capital works programs over the term of the current lease, including a $550,000 redevelopment and expansion of the club rooms, involving removal of asbestos roofing, and an $80,000 project to remove asbestos from the junior boat sheds and re-sheet. The Club has expressed their appreciation to the Shire for the support received in grants and self-supporting loans.
The current lease term expires on 30 June 2021, and the Club has requested another lease for the longest possible term.
Officer’s Comment
It has been determined that the Shire’s power to lease for Reserve 27318 is restricted to any term not exceeding ten years, while Reserve 32135 has a power to lease for up to 21 years. The Club were offered two leasing options, being one lease over both Reserve areas for a ten year term, or two separate leases for differing terms. The Club has advised their preferred option is to have one lease for their entire area for a ten year term.
During investigations into the lease area, it was determined that there are some minor changes that could be made during the lease renewal process to simplify the Club’s lease area. These changes include;
1. Excising the public footpath running through the eastern side of the lease area as this area is not used by the Club and will remove the requirement for the MOU; and
2. Excising the small part of the beach access road on the north side of the lease area as this will clarify responsibility for the road lies with the Shire and has always been with the Shire.
The Club has been consulted regarding these proposed changes and has advised that they agree to these changes being made.
During this process, it was also noted that part of the Club’s access driveway and a fence have been constructed over the north west corner of the lease area, crossing into Reserve 32134. The Shire currently has no power to lease for Reserve 32134 so this cannot be added to the Club’s lease area.
Officers have advised that the Shire has no plans to take action in this regard and will explore the possibility of requesting power to lease for this Reserve, along with extending the power to lease term for Reserve 27318 to be any term not exceeding 21 years. In the meantime the Club has requested a Memorandum of Understanding be drawn up in regard to their use of this area.
A ten year lease will allow time for power to lease issues with Reserves 27318 and 32134 to be finalised, while also providing the Club with security of tenure for the premises.
In accordance with Council Policy COR 004: Property and Building Leases, the Yacht Club is classified as a Specific Sports Facility and therefore is charged rent of $110 Inc GST per annum.
Consultation
Esperance Bay Yacht Club
Director Asset Management
Manager Strategic Planning & Land Projects
Coordinator Environmental Health
Coordinator Building Services
Community Development & Events Coordinator
Compliance Officer
Financial Implications
Annual lease fee of $110 Inc GST
Lease preparation fee of $130 Inc GST
Asset Management Implications
Esperance Bay Yacht Club is fully responsible for all assets and structures on the leased area.
Statutory Implications
Local Government Act 1995 – s.3.58 Disposal of Property
Policy Implications
COR 004: Building and Property Leases
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all
Facilitate and support sport, recreation, arts and cultural activities
Corporate Business Plan 2020/21 – 2023/24
Manage Shire Leases and Insurance
Environmental Considerations
Nil
|
a. |
Lease Request - Esperance Bay Yacht Club |
|
|
b⇩. |
Esperance Bay Yacht Club current Lease Area |
|
|
c⇩. |
Esperance Bay Yacht Club proposed Lease Area |
|
Ordinary Council: Minutes
27 April 2021 Page 91
RECOMMENDATION AND DECISION
|
Seconded: Cr Graham That Council, subject to Department of Lands’ approval; 1. Lease a portion of Reserves 27318 and 32135, Lot 921 on DP 191740 and Lot 992 on DP 220456 The Esplanade Esperance to the Esperance Bay Yacht Club; 2. Term of the lease to be ten years; 3. Charge an annual lease fee of $110 Inc GST; 4. Charge a lease preparation fee of $130 Inc GST; and 5. All lease terms and conditions to be as per Council’s standard Sporting and Community Group Lease; 6. Approve a Memorandum of Understanding between the Shire of Esperance and the Esperance Bay Yacht Club for the Club’s use of Reserve 32134. Council Resolution That Council, subject to Department of Lands’ approval; 1. Lease a portion of Reserves 27318 and 32135, Lot 921 on DP 191740 and Lot 992 on DP 220456 The Esplanade Esperance to the Esperance Bay Yacht Club; 2. Term of the lease to be ten years; 3. Charge an annual lease fee of $110 Inc GST; 4. Charge a lease preparation fee of $130 Inc GST; 5. All lease terms and conditions to be as per Council’s standard Sporting and Community Group Lease; 6. Approve a Memorandum of Understanding between the Shire of Esperance and the Esperance Bay Yacht Club for the Club’s use of Reserve 32134; and 7. Include a provision within the lease to allow the Esperance Bay Yacht Club to continue to access the beach from their lease area through Reserve 27318. F8 - A0 |
Reason: Council wanted to include dot point seven (7) as per a request from the Esperance Bay Yacht Club.
Item: 12.3.2
Resignations from Council Committees
|
Author/s |
Mary Bidstrup |
Governance and Corporate Support Officer |
|
Authorisor/s |
Sarah Walsh |
Coordinator Governance & Corporate Support |
File Ref: D21/8346
Applicant
Max Ayers
Annie Dabb
Priscilla Davies
Cr Shelley Payne
Location/Address
Nil
Executive Summary
For Council to consider accepting resignations received from Max Ayers from the Youth Advisory Council, Annie Dabb from the Reconciliation Action Plan Working Group, Priscilla Davies from the Esperance Visitor Centre Management Committee, and Cr Shelley Payne from three Council Committees.
Recommendation in Brief
That Council:
1. Accept Max Ayers’ resignation from the Youth Advisory Council;
2. Accept Annie Dabb’s resignation from the Reconciliation Action Plan Working Group;
3. Accept Priscilla Davies’ resignation from the Esperance Visitor Centre Management Committee;
4. Accept Cr Payne’s resignation from the Reconciliation Action Plan Working Group, Economic Sub Committee, Streetscape Advisory Committee and CEO Recruitment Committee; and
5. Appoint Councillors to Council Committees as per the following table;
|
Committee |
Member |
|
Reconciliation Action Plan Working Group |
Cr |
|
Economic Sub Committee |
Cr |
|
Streetscape Advisory Committee |
Cr |
Background
Max Ayers has tendered his resignation as a Community Representative to the Youth Advisory Council as he has moved to Canberra to pursue career opportunities.
Annie Dabb has sent in notification that she wishes to step down as the Esperance Tjaltjraak Native Title Aboriginal Corporation representative to the Reconciliation Action Plan Working Group.
Priscilla Davies states that as the Visitor Centre Management Committee hasn’t met since October 2019, she has taken on other roles and wishes to resign from the committee, to make room for someone else. This will allow her to concentrate on her other commitments.
Cr Payne has resigned from the Shire of Esperance Council following her election to the Legislative Council in the Agricultural Region at the last State Government Election. Section 2.20(1) of the Local Government Act 1995 disqualifies a person elected to Parliament from being a member of a Local Government Council.
Officer’s Comment
While it is a shame to lose members of the Youth Advisory Council, it’s great to know Max Ayers is progressing in his chosen field.
Ms Dabb expects that another Esperance Tjaltjraak Native Title Aboriginal Corporation representative will be nominated for the Reconciliation Action Plan Working Group in due course.
Ms Davies wishes to concentrate on her more active roles and leave the way open for someone else to nominate to the Esperance Visitor Centre Management Committee.
Shire of Esperance staff congratulate Cr Payne on her election to Legislative Council and wish her all the best in the future. Council will now need to appoint alternative Councillors to fill the vacancies on the following Committees;
· Reconciliation Action Plan Working Group;
· Economic Sub Committee; and
· Streetscape Advisory Committee.
Consultation
Max Ayers
Manager Community & Economic Development
Annie Dabb
Priscilla Davies
Cr Shelley Payne
Director Corporate and Community Services
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Local Government Act 1995 – s.5.10 & s.2.20(1)
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
Active volunteers supporting organisations and activities that bring the community together.
Encourage and support volunteers and community groups
Corporate Business Plan 2020/21 – 2024/25
Administer Youth Advisory Council
Implement the Reconciliation Action Plan
Initiate the next stage of the Reflect Reconciliation Action Plan
Manage the Esperance Visitor Centre
Facilitate Councillor’s requirements to represent the community
Environmental Considerations
N/A
|
a. |
YAC Resignation - Max Ayers |
|
|
b⇩. |
RAP Working Group Resignation - Annie Dabb |
|
|
c⇩. |
Visitor Centre Management Committee Resignation - Priscilla Davies |
|
27 April 2021 Page 112
RECOMMENDATION AND DECISION
|
Seconded: Cr Piercey Council Resolution That Council: 1. Accept Max Ayers’ resignation from the Youth Advisory Council; 2. Accept Annie Dabb’s resignation from the Reconciliation Action Plan Working Group; 3. Accept Priscilla Davies’ resignation from the Esperance Visitor Centre Management Committee; 4. Accept Cr Payne’s resignation from the Reconciliation Action Plan Working Group, Economic Sub Committee, Streetscape Advisory Committee and CEO Recruitment Committee; and F8 - A0 |
|
Motion |
||||||||
|
Seconded: Cr Graham Council Resolution That Council appoint Councillors to Council Committees as per the following table;
F8 - A0 |
Item: 12.3.3
Financial Services Report - March 2021
|
Author/s |
Beth O'Callaghan |
Manager Financial Services |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/8547
|
a. |
Financial Services Report - March 2021 |
|
Ordinary Council: Minutes
27 April 2021 Page 142
Ordinary Council: Minutes
27 April 2021 Page 148
RECOMMENDATION AND DECISION
|
Seconded: Cr Parker
Council Resolution That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of March 2021 as attached be received. F8 - A0 |
Mr Smoker left the Chamber at 5.07pm and did not return.
Item: 12.3.5
Land Tender - Various Residential and Industrial Lots
|
Author/s |
Trevor Ayers |
Manager Community & Economic Development |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/11552
Applicant
Internal report
Location/Address
See Attachment A for a map detailing the lots available for sale in Flinders (lots for sale are marked in blue, those in white have already been sold or are currently under contract), Attachment B for a map identifying the two lots for sale in Hockey Place Attachment F for a map of the lots available in Shark Lake Industrial Park (lots for sale are marked in blue) and Attachment G for maps identifying the location of the other individual residential lots.
Executive Summary
Approval is sought to proceed to tender for a number of vacant residential lots, some of which have been previously offered to the market and some that are to be offered for the first time.
Recommendation in Brief
That Council direct the CEO to advertise the identified residential and industrial lots for sale by tender.
Background
The current delegated authority to the CEO to accept offers on the residential lots contained in Flinders and Hockey place is due to expire.
Delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In the event that a delegation isn’t provided all negotiations require Council Decisions for each stage of the negotiation. This obviously has the potential to both make negotiations a lengthy and drawn out process as well as resulting in it playing out in the public domain. Neither of these outcomes is generally conducive to attracting purchasers.
Since the last tender there has been ten sales in Flinders, leaving seven properties available for sale (one of these was under offer at the time of the last tender with finance being declined). There are currently no properties under contract. There is also the two properties available in Hockey Place.
In addition to the properties above that have been marketed over the past few years, a number of other individual residential lots have been identified as serving no strategic benefit to Council and therefore are proposed for sale as well:
· 3 Mills Place, West Beach
· 1 Pink Lake Rd, Esperance
· Lot 1035 Voile Lane, Castletown
· Lot 70 Dunn Street, Salmon Gums
· Lot 19 Coolgardie-Esperance Highway, Salmon Gums
· Lot 1 Coolgardie-Esperance Highway, Grass Patch; and
· Lot 9 Baker Street, Scaddan.
Recently a number of enquiries have also been received regarding lots within Shark Lake Industrial Park, both via local agents and through direct engagement with the Shire. Additionally, the renewables hub element of the new power station is being constructed within the industrial park, potentially increasing interest in that area. For this reason it is also proposed to include the Shark Lake Industrial Park lots in the tender process.
The Shire developed Shark Lake Industrial Park a little over 10 years ago. Until recently it has had only limited interest, with one lot being sold in 2015.
Officer’s Comment
Submissions are rarely received for tenders issued for land (3 sales have been achieved by tender in the past 9 years). This recommendation removes the need for Council to reconsider the lots that are already listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots within Flinders and Hockey Place not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market. This is important as there has been significant activity in Flinders over the past 9 months.
With regards to the additional lots being offered to the market, valuations would be sought while the tender was being undertaken with final listing prices being determined by Council at a future Council meeting, once the valuations were received. This would occur at the same time any tender submissions are considered.
The 4 lots in the rural townsites have been identified following a recent enquiry on 9 Baker Street, Scaddan. Formally offering it to the market provides the opportunity to identify any genuine interest. It makes sense to do the same with the other 3 lots at the same time.
While Shark Lake Industrial Park has had limited interest since its construction, we have started to get regular enquiries about it recently. As has been shown through the residential land in Flinders, simplifying the process for purchasing land can help generate activity. Offering the land by tender will provide a much better understanding of any demand that may currently exist, as well as enabling the lots to be listed with agents for up to 6 months following any tender in the same way that residential property is currently dealt with. This provides prospective purchasers with a guide as to the expected price as well as reducing the likelihood that a public negotiation will need to occur via Council meetings.
Currently the portion of Shark Lake Industrial Park owned by Council is leased for rural use with an ability to break the lease on individual lots should an offer to purchase be accepted.
It has been recommended that Council continue to rely upon the licensed valuations obtained in February 2017 for the Hockey Place lots and Heron Todd White in February 2020 for the Flinders properties [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market value in the intervening time. These valuations are available at Attachment C & D.
Proposed listing prices and minimum acceptable sale prices for the lots in Flinders and Hockey Place are at Attachment E.
The options for Council are:
· Continue with the current pricing process for Flinders and Hockey Place and agree to tendering the additional properties.
· Continue with the current pricing process for Flinders and Hockey Place and not agree to tendering some or all of the additional properties.
· Adjust the pricing for the Flinders and Hockey Place properties if Council believes material changes in the market justify it.
· Request new valuations prior to making any decisions on future pricing for any of the lots in Flinders and Hockey Place. This can occur during the tender process with the decision being made after the tender closes, however it will remove these properties from sale by the real estate agents for close to 2 months.
Consultation
Manager Strategic Planning and Land Projects and EMT with regards to the additional properties identified.
Thorp Realty and The Professionals currently act as selling agents on the Flinders and Hockey Place properties. Regular contact regarding local market conditions is maintained with them both.
Financial Implications
Income from any sale of land will be placed in the Land Development Reserve to ensure that income from the sale of land assets doesn’t get utilised on an operational expense or depreciating asset as per the intent of the Land Asset policy and procedures.
Asset Management Implications
Sale of lots removes the Councils obligations to maintain them.
Statutory Implications
The statutory implications associated with this item are contained within:
Local Government Act 1995
Section 3.58 – Disposing of Property
Policy Implications
Sale of non-strategic freehold land and placement of fund in reserve for future land development or acquisition of strategic land is consistent with the Councils Public Land Asset Strategy.
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.
Environmental Considerations
Nil
|
a. |
Flinders Estate - Lots Available for Sale |
|
|
b⇩. |
Hockey Place - Lots for Sale |
|
|
c. |
Hockey Place Valuation - Confidential |
|
|
d. |
Flinders Valuation - Confidential |
|
|
e. |
Minimum Acceptable Sale Price - Confidential |
|
|
f. |
Shark Lake Industrial Park - Lots for Sale |
|
|
g⇩. |
Individual Residential - Lots for Sale |
|
RECOMMENDATION AND DECISION
Reason: Council wanted to remove Lot 19 Coolgardie-Esperance Highway from the resolution until the community has made a decision on the Salmon Gums Precinct.
Item: 12.3.6
Esperance Tourism Strategy
|
Author/s |
Trevor Ayers |
Manager Community & Economic Development |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/11793
Applicant
Internal report
Location/Address
N/A
Executive Summary
For Council to consider the Esperance Tourism Strategy following closure of the submissions period and incorporation of submissions into the strategy.
Recommendation in Brief
That Council endorse the Esperance Tourism Strategy.
Background
The Esperance Tourism Strategy has been prepared on behalf of the Shire by TRC Tourism. This project commenced in February 2020, with the draft strategy being considered by Council in December 2020. At the December 2020 Ordinary Council Meeting the following was resolved:
That Council;
1. Endorse the Draft Esperance Tourism Strategy.
2. Request the Chief Executive Officer to advertise the Draft Esperance Tourism Strategy for public submissions for a period of 8 weeks.
Submissions closed in early March (submissions and consultant’s comments available at Attachment A) with submissions incorporated into the final Esperance Tourism Strategy document (available at Attachment B).
Officer’s Comment
The tourism strategy is a whole of Esperance document that has been developed through consultation with stakeholders and interested members of the community. It includes a range of proposed actions that have been developed from the input received.
Consultation
The stakeholders that engaged in the original engagement process are identified at Appendix B of the strategy document, while those that provided submissions during the recent advertising period are detailed in the Submissions Table.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Growth and Prosperity
Esperance is a vibrant and welcoming destination
Lead the promotion of Esperance as a destination of choice
Environmental Considerations
Nil
|
a. |
Submissions Table |
|
|
b⇨. |
Esperance Tourism Strategy - Under Separate Cover |
|
Ordinary Council: Minutes
27 April 2021 Page 199
RECOMMENDATION AND DECISION
|
Seconded: Cr Obourne Council Resolution That Council endorse the Esperance Tourism Strategy. F8 - A0 |
Mr Burge declared his financial interest and left the Chamber at 5.14pm.
Item: 12.3.7
Model Standards for CEO Recruitment, Performance and Termination
|
Author/s |
Lee Anderson |
Human Resources Manager |
|
Authorisor/s |
Felicity Baxter |
Director Corporate & Community Services |
File Ref: D21/12327
Applicant
Shire of Esperance
Location/Address
Shire of Esperance
Executive Summary
Amendments to the Local Government Act 1995 placed a requirement on Local Governments to adopt the new Model Standards in relation to CEO Recruitment, Performance and Termination.
The Local Government (Administration) Amendment Regulations 2021 require that Council adopt these Model Standards prior to 3 May 2021.
Recommendation in Brief
That Council
1. Adopt the Shire of Esperance Standards for CEO Recruitment, Performance and Termination and
2. Publish the Shire of Esperance Standards for CEO Recruitment, Performance and Termination on the Shire of Esperance website.
Background
The Local Government (Administration) Amendment Regulations 2021 (LGAAR) took effect on 3 February 2021. These Regulations amended the Local Government (Administration) Regulations 1996 (Admin Regs) and inserted the Model Standards for the recruitment, performance review and termination of Local Government CEOs (Model Standards) as Schedule 2.
The Department of Local Government, Sport and Cultural Industries (DLGSC) also released in February 2021 ‘Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination’. These guidelines, as attached, provide the recommended practice for Local Governments in undertaking these processes and are intended to assist Local Governments in meeting the Model Standards.
Officer’s Comment
Local Governments are required to prepare and adopt the Model Standards within three months of the Regulations coming into effect, i.e. by 3 May 2021. Until such time as a Local Government adopts the Model Standards, the Regulations apply.
The proposed Shire of Esperance Model Standards are attached. These proposed Standards have not been modified from the Model Standards contained in the Regulations. Section 5.39B (4) states that if Elected Members wish to make any amendments to the standards, these amendments must be consistent with the Model Standards and cannot be contrary to the intent of the original model.
The Model Standards contain four Divisions –
Division 1 – Preliminary Provisions
Division 2 – Standards for Recruitment of CEO’s
Division 3 – Standards for Review of Performance of CEO’s
Division 4 – Standards for Termination of Employment of CEO’s
Two of the more significant changes are:
1. When establishing a selection panel for the recruitment of the CEO, the panel must comprise of Council members as well as at least one independent person. This person must be someone other than – a Council member, an employee of the Local Government or the Human Resources Consultant engaged by the Local Government
2. When a CEO has been consecutively employed for a period of 10 years or more, on the expiry of the CEO’s Contract, a recruitment process for the appointment of a CEO must be undertaken. This does not prevent the incumbent from being re-engaged by the Local Government provided the recruitment and selection process is carried out in an open and transparent manner.
Consultation
Nil
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
The statutory implications associated with this item are the:
Local Government Act 1995
Local Government (Administration) Amendment Regulations 2021
Policy Implications
Refer Policy HR 015: CEO Performance Review as attached.
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.
Environmental Considerations
Nil
|
a. |
DLGSC Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination |
|
|
b⇩. |
Policy HR015: CEO Performance Review |
|
|
c⇩. |
Shire of Esperance Standards for CEO Recruitment, Performance and Termination |
|
27 April 2021 Page 210
RECOMMENDATION AND DECISION
|
12.3.7 Model Standards for CEO Recruitment, Performance and Termination |
|
Seconded: Cr O'Donnell Council Resolution That Council 1. Adopt the Shire of Esperance Standards for CEO Recruitment, Performance and Termination and 2. Publish the Shire of Esperance Standards for CEO Recruitment, Performance and Termination on the Shire of Esperance website. F8 - A0 |
Mr Burge returned to the Chamber at 5.16pm.
Item: 12.4.1
Information Bulletin - March 2021
|
Author/s |
Sofie Hawke |
Trainee Administration Assistant - Executive Services |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/8545
Applicant
Internal
Strategic Implications
Strategic Community Plan 2017 - 2027
Leadership
Work together to enhance trust, participation and community pride
Actively engage and communicate with the community to ensure informed decision making
|
a. |
Information Bulletin - March 2021 |
|
|
b⇨. |
Corporate Performance Report - March 2021 - Under Separate Cover |
|
|
c. |
Delegations Discharge – Corporate Resources |
|
|
d⇩. |
Letter of Appreciation - Esperance Care Services |
|
|
e⇩. |
Letter of Appreciation - Phyllis Smythe - Official Jetty Opening |
|
|
f⇨. |
Outstanding Resolutions - Quarterly Report - Under Separate Cover |
|
Ordinary Council: Minutes
27 April 2021 Page 269
|
Seconded: Cr Obourne
Council Resolution That Council accepts: 1. Information Bulletin - March 2021 2. Corporate Performance Report – March 2021 3. Delegations Discharge - Corporate Resources 4. Letter of Appreciation - Esperance Care Services 5. Letter of Appreciation - Phyllis Smythe - Official Jetty Opening 6. Outstanding Resolutions – Quarterly Report F8 - A0 |
Item: 12.4.2
Councillor Vacancy
|
Author/s |
Shane Burge |
Chief Executive Officer |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/11659
Applicant
Shire of Esperance
Location/Address
N/A
Executive Summary
For Council to consider requesting the Electoral Commissioner to allow the Councillor vacancy to remain unfilled until local government elections held in October.
Recommendation in Brief
That Council request the Electoral Commissioner to allow the councillor vacancy to remain unfilled until the local government elections held in October.
Background
Cr Shelley Payne was elected to the office of Councillor to the Shire of Esperance for the term from October 2017 until October 2021.
At the last State Government Election, Cr Payne has been elected to the Legislative Council in the Agriculture Region. The announcement of her appointment was made by the Returning Officer on the 1 April 2021.
Being elected to parliament under Section 2.20 (1) of the Local Government Act 1995 disqualifies a person for membership of a council. Definitions contained within the Local Government Act 1995, Section 2.20 (2) (b) describes that a member of parliament means a member of the Legislative Council, including a person who has been elected as a member of that House but is not yet entitled to vote in that House because of section 8(2) of the Constitution Acts Amendment Act 1899.
The Local Government Act 1995 describes how vacant offices are filled through an extraordinary election and also describes how vacant offices can remain unfilled.
Section 4.17(2) states that if a members office becomes vacant after the third Saturday in January in the election year in which the term of office would have ended but before the third Saturday in July in the election year, the Council may with the approval of the Electoral Commissioner, allow the vacancy to remain unfilled and, in that case, the term of the member who held the office is to be regarded in section 4.6 as ending on the day on which it would have ended if the vacancy had not occurred.
Officer’s Comment
There are two options for Council consideration with the Councillor vacancy:
· Hold an extraordinary election to fill the vacancy until October; or
· Request the Electoral Commissioner to allow the vacancy to remain unfilled until October.
Considering that there is only approximately six months until the next election in October filling a vacancy via an extraordinary election for such a short period of time would be costly and allow very limited time for the incoming Councillor before their term would expire in October 2021.
Up until now, there has been no issue in getting a quorum to meetings or spreading the workload through the Councillors. The cost to hold the last election, albeit it was a two ward election was $45,571 and it would be assumed that it would be a similar price to hold an extraordinary election if it was undertaken via the WA Electoral Commission.
Option One
The officer’s recommendation is that Council request the Electoral Commissioner to allow the Councillor vacancy to remain unfilled until the local government elections held in October 2021.
Option Two
Alternative Recommendation that Council request the CEO to organise an extraordinary election to be held to fill the vacant Councillor vacancy.
Consultation
WALGA
Financial Implications
The financial implications arising from this report is reduction in Councillor sitting fees for the remainder of the vacancy term until October 2021 if the officer recommendation is adopted.
It is estimated based upon the 2019 ordinary election to cost in the order of $40k - $45k to hold an extraordinary election.
Asset Management Implications
N/A
Statutory Implications
As stated within the background of this report but specifically Section 2.20 and Section 4.17 of the Local Government Act 1995.
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Leadership
Community confidence and trust in Council
Encourage community participation and insight into activities and decisions
Corporate Business Plan 2020/21 – 2024/25
L1.7 Facilitate Councillor’s requirements to represent the community
Environmental Considerations
Nil
|
a. |
Cr Payne- Resignation Advice |
|
RECOMMENDATION AND DECISION
|
Seconded: Cr Piercey Council Resolution That Council request the Electoral Commissioner to allow the councillor vacancy to remain unfilled until the local government elections held in October 2021. F8 - A0 |
13. Reports Of Committees
Item: 13.1
Minutes of Committees
|
Author/s |
Sofie Hawke |
Trainee Administration Assistant - Executive Services |
|
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D21/8546
|
a. |
Audit Committee - 8 March 2021 |
|
|
b⇩. |
Local Recovery Committee - 23 March 2021 |
|
|
c⇩. |
Esperance Roadwise Committee - 29 March 2021 |
|
|
d⇩. |
Bush Fire Recovery Committee - 30 March 2021 |
|
RECOMMENDATION AND DECISION
|
Seconded: Cr McMullen Council Resolution That Council accept the following unconfirmed minutes: 1. Audit Committee - 8 March 2021 2. Local Recovery Committee – 23 March 2021 3. Esperance Roadwise Committee - 29 March 2021 4. Bush Fire Recovery Committee - 30 March 2021 F8 - A0 |
Item: 13.2
Bush Fire Advisory Committee - Appointment of Bush Fire Control and Fire Weather Officers
|
Author/s |
Mel Ammon |
Manager Community Support |
|
|
Karen Naylor |
Community Emergency Services Coordinator |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/11512
Applicant
Bush Fire Advisory Committee
Location/Address
Shire of Esperance
Executive Summary
That Council endorse the appointment of Bush Fire Control and Fire Weather Officers for the 2021/22 fire season.
Recommendation in Brief
That Council authorise the following appointments in accordance with the Bush Fire Act 1954 as Bush Fire Control and Fire Weather officers for the Shire of Esperance.
Chief Bush Fire Control Officer Phil Longmire
Deputy Chief Bush Fire Control Officer Will Carmody
Deputy Chief Bush Fire Control Officer Adrian Perks
Senior Fire Control Officer – West Zone Tomas Carmody
Senior Fire Control Officer – West Coast Zone Kingsley Scott
Senior Fire Control Officer – North Zone Rory Graham
Senior Fire Control Officer – East Zone Simon Schlink
Senior Fire Control Officer – East Coast Zone Adrian Perks
Senior Fire Control Officer – Urban Rural Zone Peter Rowe
Deputy Senior Fire Control Officer – West Zone Will Carmody
Deputy Senior Fire Control Officer – West Coast Zone Peter Luberda
Deputy Senior Fire Control Officer – North Zone Chris Hallam
Deputy Senior Fire Control Officer – East Zone Lyndon Mickel
Deputy Senior Fire Control Officer – East Coast Zone Nick Ruddenklau
Deputy Senior Fire Control Officer – Urban Rural Zone Ron Chambers
Background
The Shire of Esperance provides a structure within the bush fire community in accordance with the Bush Fires Act 1954. The Bush Fire Advisory Committee appoints the Chief Bush Fire Control Officer, a Deputy Chief Bush Fire Control Officer, a Senior Fire Control Officer and a Deputy Senior Fire Control Officer for each of the fire zones within the Shire. These positions were declared vacant at the April Bush Fire Advisory Committee meeting and nominations were held.
Officer’s Comment
Each of these Officers has the training, experience, capacity and brigade respect to fulfill these leadership roles.
Consultation
As nominated by the Bush Fire Advisory Committee.
Financial Implications
Nil
Asset Management Implications
Nil
Statutory Implications
Bush Fires Act 1954
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
Nil
RECOMMENDATION AND DECISION
|
13.2 Bush Fire Advisory Committee - Appointment of Bush Fire Control and Fire Weather Officers |
|
Seconded: Cr O'Donnell Council Resolution That Council authorise the following appointments in accordance with the Bush Fires Act 1954 as Bush Fire Control and Fire Weather Officers for the Shire of Esperance:
Chief Bush Fire Control Officer Phil Longmire Deputy Chief Bush Fire Control Officer Will Carmody Deputy Chief Bush Fire Control Officer Adrian Perks Senior Fire Control Officer – West Zone Tomas Carmody Senior Fire Control Officer – West Coast Zone Kingsley Scott Senior Fire Control Officer – North Zone Rory Graham Senior Fire Control Officer – East Zone Simon Schlink Senior Fire Control Officer – East Coast Zone Adrian Perks Senior Fire Control Officer – Urban Rural Zone Peter Rowe Deputy Senior Fire Control Officer – West Zone Will Carmody Deputy Senior Fire Control Officer – West Coast Zone Peter Luberda Deputy Senior Fire Control Officer – North Zone Chris Hallam Deputy Senior Fire Control Officer – East Zone Lyndon Mickel Deputy Senior Fire Control Officer – East Coast Zone Nick Ruddenklau Deputy Senior Fire Control Officer – Urban Rural Zone Ron Chambers F8 - A0 |
|
Motion |
|
Seconded: Cr Chambers Council Resolution That Council write to the former Chief Bush Fire Control Officer, Ashley Stewart, thanking him for his 5 year service. F8 - A0 |
Item: 13.3
Community Support Sub Committee Recommendation
|
Author/s |
Mel Ammon |
Manager Community Support |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/11567
Applicant
Community Support Sub Committee
Location/Address
Internal
Executive Summary
For Council to consider the recommendation made by the Local Recovery Committee.
Recommendation in Brief
That Council approve a payment from the IGO Grant, for an amount of $2,870 to the Cannery Arts Centre to assist in the recommencement of Community Open Mic Events”.
Background
The Arts sector has been hit hard by the COVID restrictions, and live events, while beginning to return, have been impacted by COVID restrictions in relation to reduced numbers and additional cleaning requirements.
The Community Support Sub Committee met on March 4th 2021 and the Cannery Arts Centre representatives made a presentation to the meeting requesting funding to assist with the reintroduction of the Open Mic Night events, which were being held regularly, prior to COVID restrictions. The recommendation from the Community Support Sub Committee recommendation was subsequently supported by the Local Recovery Committee Meeting on 23rd March 2021.
Pre COVID, the Cannery Open Mic Events provided an invaluable opportunity to the local music scene, as they acted as incubation spaces for musical artists to fine tune their performance skills, test new material on live audiences and provide a relaxed social environment. The Cannery have been advised, that from all events they organise, these events have been the most missed.
Officer’s Comment
From a COVID recovery perspective, reengaging the community in social events supports local business as well as personal health and wellbeing.
In the past, Open Mic Events have been run in partnership between the Cannery Arts Centre and Kyza Presents, with both contributing a large volume of volunteer hours to ensure the smooth running of these events. In COVID times, volunteers, especially in the Arts sector, are needing to prioritise paid work over volunteer gigs and as such resources are stretched.
Previously an amount of $500 has been allocated to the cannery Arts Centre to assist with cleaning costs for Open Mic Events. This has not been provided to them, as they had requested another opportunity to present to the Sub Committee as their circumstances had changed due to the reduction in project management support being provided. The amount of $500 has been removed from the overall IGO allocation of funds as a result.
The Cannery Arts Centre have requested funding to assist with additional cleaning requirements and to subsidise the project management costs for the Events.
Consultation
Cannery Arts Centre
Community Support Sub Committee
Financial Implications
The IGO Funding currently stands as;
|
Recipient |
Purpose |
Amount |
Remaining Funds |
Finalised |
|
|
|
|
$150,000 |
|
|
Esperance District Football Association |
Free entry – Football Grand Final |
$11,000 |
$139,000 |
Yes |
|
Rotary Club |
NYE Fireworks |
$5,000 |
$134,000 |
Yes |
|
Esperance Chamber of Commerce |
Esperance Business COVID Recovery Program |
$50,000 |
$84,000 |
Part
|
|
Australia’s Golden Outback |
Esperance Destination Product Development Project |
$32,500 |
$51,500 |
|
|
Shire of Esperance |
Community Hand Sanitation Stations |
$5,000 |
$46,500 |
Yes
|
|
Shire of Esperance |
Town Tunes |
$3,600 |
$42,900 |
Part
|
|
Esperance Home Care |
3 x Wheelchairs |
$1,800 |
$41,100 |
Yes |
|
Residential Aged Care Facility |
Sara Stedy Hoist |
$2,500 |
$38,600 |
|
|
Shire of Esperance |
Sanitiser stocks |
$500 |
$38,100 |
|
|
ECCI |
6450 Job Connection |
$4,000 |
$34,100 |
Yes |
|
South East Regional TAFE |
Fast Track to Hospitality Training |
$1,000 |
$33,100 |
Part
|
|
Lotteries House |
Cleaning - Showers |
$1,440 |
$31,600 |
Yes |
|
Cannery Arts Centre |
Open Mic Events |
$2,870 |
$28,790 |
|
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
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
Environmental Considerations
Nil
Nil
RECOMMENDATION AND DECISION
|
Seconded: Cr McMullen Council Resolution That Council approve a payment from the IGO Grant, for an amount of $2,870 to the Cannery Arts Centre to assist in the recommencement of Community Open Mic Events”. F8 - A0 |
Item: 13.4
Bush Fire Advisory Committee - Adoption of Recommendations
|
Author/s |
Mel Ammon |
Manager Community Support |
|
Authorisor/s |
Scott McKenzie |
Acting Director External Services |
File Ref: D21/12148
Applicant
Bush Fire Advisory Committee
Location/Address
N/A
Executive Summary
For Council to consider the recommendation arising from the Bush Fire Advisory Committee Meeting held 30th March 2021.
Recommendation in Brief
Two recommendations were made to Council by the Bush Fire Advisory Committee;
1. That Council request the CEO to write to the Department of Fire and Emergency Services, Great Southern Region, to request an update on the linking of the Peak Charles repeater and the progress of additional repeater sites near Hatters Hill and at Mt Ragged,
2. That Council request the CEO to commence the process to review, with the view to gazette, the prohibited burning period and restricted burning period, through the creation of two zones, being a Rural Zone and an Urban Rural Zone, as follows;
· Prohibited Burning Period in each year (all dates inclusive);
- Rural Zone (Zone 2) from the 1st day of November in each year to the 31st day of January the following year
- Urban Rural Zone (Zone 2) from the 1st day of November in each year to the 31st day of January the following year
· Restricted Burning Period in each year (all dates inclusive);
- Rural Zone from the 19th day of September in each year to the 15th day of March the following year
- Urban Rural Zone from the 19th day of September in each year to the 15th day of April the following year
Committee Recommendation 1
That Council request the CEO to write to the Department of Fire and Emergency Services, Great Southern Region, to request an update on the linking of the Peak Charles repeater and the progress of additional repeater sites near Hatters Hill and at Mt Ragged.
Background
Recommendation No. 12 of the 2015 Esperance Fires Coronial Inquest Report recommends “the State Government fund the installation of at least one new repeater tower in the north-western sector of the Esperance Region to enhance communications during an emergency.”
A radio repeater has now been installed on Peak Charles. This was funded through the Bushfire Mitigation, however is a standalone repeater and not linked to the WAERN Network, and at the previous Bush Fire Advisory Committee meeting a letter was sent requesting this be investigated.
Officer’s Comment
To date, no response has been received from the previous letter sent, and the Peak Charles repeater remains disconnected from the WAERN network.
We have also been made aware of additional repeater sites, installed by DBCA at other remote sites, such as Mt Ragged and near Hatters Hill, in Ravensthorpe. As communications are always a problem in remote areas, the Committee is keen to see all agencies and their infrastructure be available where possible.
The Committee have requested that the Shire follow up on the request to have the Peak Charles repeater included as part of the wider WAERN Network, while also establishing whether DBCA would be willing to include their additional repeater sites at Mt Ragged and Hatters Hill included and accessible to the WAERN Network.
The WAERN Network is owned and maintained by DFES, and therefore the Committee felt it was appropriate for the suggestions be made to DFES for follow up and discussion with DBCA.
Committee Recommendation 2
That Council request the CEO to commence the process to review, with the view to gazette, the prohibited burning period and restricted burning period, through the creation of two zones, being a Rural Zone and an Urban Rural Zone, as follows;
· Prohibited Burning Period in each year (all dates inclusive);
- Rural Zone (Zone 2) from the 1st day of November in each year to the 31st day of January the following year
- Urban Rural Zone (Zone 2) from the 1st day of November in each year to the 31st day of January the following year
· Restricted Burning Period in each year (all dates inclusive);
- Rural Zone from the 19th day of September in each year to the 15th day of March the following year
- Urban Rural Zone from the 19th day of September in each year to the 15th day of April the following year
Background
Each year the lighting of fires is managed during the summer months by legislated Restricted and Prohibited Burning Times. The Shire of Esperance has a Zone 2 allocation, providing Restricted Burning Times from 19th September to 15th March annually, and Prohibited Burning Times within that, being 1st November to 31st January annually.
There is a process that can be followed to have these dates altered, if required, which requires Ministerial approval.
Officer’s Comment
Currently the Shire of Esperance is managed as one area with regard to Prohibited and Restricted burning times. Two areas will be established by removing the Urban Rural and Esperance town site areas, creating the additional Zone. The Urban Rural area is made up of the urban rural fringe, surrounding the gazetted Esperance townsite, which will incorporate the Pink Lake, Six Mile Hill and Quarry Rd Bush Fire Brigade areas, and will include the Esperance townsite.
Commencement and finishing dates of Prohibited burning and the second restricted dates are moveable, by local Bush Fire Control Officers in consultation with stakeholders, by two weeks, based on local weather conditions.
The current arrangement can be problematic as farmers require an earlier permissible burning time to enable them to burn crop windrows in preparation for the upcoming seeding period, often while burning restrictions remain in place as conditions are too dry to open the season completely.
Opening the season too soon, to allow for farmers to burn, then increases the risk of fires in the built up urban rural area.
An application can be made to the State, for Ministerial approval, to have Shires split to better accommodate varying needs of areas within the Shire. This has been done by the City of Kalgoorlie, City of Albany and Shire of Coolgardie, to name a few, most reflecting the difference in needs between built up town areas and less populated outlying mining or farming areas who require the use of fire on the land for commercial purposes.
Consultation
Bush Fire Advisory Committee
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
Bush Fire Act 1954 – Prohibited and Restricted Burning Times
Policy Implications
Shire Policy Bush Fire Management EXT 024
Strategic Implications
Strategic Community Plan 2017 - 2027
Community Connection
A feeling of safety and confidence within our neighbourhoods and a sense of security
Develop and maintain a safe environment for the community
Corporate Business Plan 2020/21 – 2024/25
C6.6 Support volunteer fire brigades
G5.2 Support primary industries, mining and port operations
Environmental Considerations
N/A
Nil
RECOMMENDATION AND DECISION
|
13.4 Bush Fire Advisory Committee - Adoption of Recommendations |
|
Seconded: Cr Parker Council Resolution That Council; 1. That Council request the CEO to write to the Department of Fire and Emergency Services, Great Southern Region, to request an update on the linking of the Peak Charles repeater and the progress of additional repeater sites near Hatters Hill and at Mt Ragged, 2. That Council request the CEO to commence the process to review, with the view to gazette, the prohibited burning period and restricted burning period, through the creation of two zones, being a Rural Zone and an Urban Rural Zone, as follows; · Prohibited Burning Period in each year (all dates inclusive); - Rural Zone (Zone 2) from the 1st day of November in each year to the 31st day of January the following year - Urban Rural Zone (Zone 2) from the 1st day of November in each year to the 31st day of January the following year · Restricted Burning Period in each year (all dates inclusive); - Rural Zone from the 19th day of September in each year to the 15th day of March the following year - Urban Rural Zone from the 19th day of September in each year to the 15th day of April the following year 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
Nil
17. Matters behind Closed Doors
Dr Nieukerke left the Chamber at 5.32pm and did not return.
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Seconded: Cr Chambers
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 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)). F8 - A0 |
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17.1 Expression of Interest - Old Hospital Building Museum Village |
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Seconded: Cr Piercey Council Resolution That Council, subject to a Development Approval being granted; 1. Enter into a lease with Tracy Young for the Old Hospital Building at the Museum Village, portion of Lot 61 on Diagram 5742, 60 Dempster St, Esperance; 2. Lease term to be 5 years; 3. Charge a lease fee of $9,342.08 Inc GST per annum and Council consider this valuation to be a true indication of the current market rental rate; 4. Lease rental to be subject to annual increases based on CPI; 5. All lease terms and conditions being as per Council’s standard commercial lease; 6. Any alterations to the building are to be at the Lessee’s cost and are to be returned to the original condition when the Lessee vacates the premises, also at the Lessee’s cost; 7. Delegate to the Shire CEO the authority to approve or reject any proposed sub-lease at the premises; and 8. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property. F8 - A0 |
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Seconded: Cr O'Donnell
That the meeting come from behind closed doors. F8 - A0 |
The Presiding Member read aloud the above Resolution;
18. CLOSURE
The President declared the meeting closed at 5.39pm.
These Minutes were confirmed at a meeting held on _____________________
Signed ________________________________________
Presiding Member at the meeting at which the Minutes were confirmed.
Dated_____________________
