Agenda of Ordinary Council

25 May 2021 Page 11

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 25 May 2021

COMMENCING AT 4pm

1. OFFICIAL OPENING

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.

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr B Parker Deputy President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Vacant Town Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mr M Ammon Acting Director External Services

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Executive Assistant

Miss S Hawke Trainee Administration Assistant – Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr S McKenzie Acting Director External Services Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

QUESTIONS TAKEN ON NOTICE – APRIL ORDINARY COUNCIL MEETING

Questioned by Dr K Nieukerke

Answered by Mr S Burge – Chief Executive Officer

Thank you for your questions provided on 23 April 2021. Please see responses to your questions below.

Question

Standards for CEO Recruitment, Performance and Termination.

The Division – Standards for Recruitment of CEO’s appears to deviate from the Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination Feb 2021.

The Standard to be approved by Council does not have a section on CEO induction (see pag 187). While this may not have been relevant in the recent transfer to the current CEO it would be a prudent inclusion.

The Division – Standards for Review of Performance of CEO’s appears to deviate from the Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination Feb 2021.

The Standard to be approved by Council appears to overlook a valuable suggestion (see page 189).

…..’For example, if the CEO has been selected due to their financial experience and ability to improve the local government’s finances, indicators regarding improved revenue and reduced expenses are obvious starting points’.

Neither the Standard nor Council Policy HR 015: CEO Performance Review reflect this suggestion.

Clause 2.11.2(b) appears incorrect. Clause 2.11 deals with the situation when the CEO contract expires, hence clause 2.11.2(b) should read:

(b) the incumbent CEO has notified the local government that they do not wish to have
their contract of employment renewed on its expiry.

The Division – Standards for Termination of Employment of CEO’s could be enhanced by the following inclusion:

Clause 4.2 (2) (e)

Notifying the CEO that Council does not wish to renew the contract.

Council may find itself in a situation where they wish a change in personnel, while there are no allegations or deficiencies in the CEO performance under the contract. The current text in this Division mainly relates to issues of conflict.

A further observation may be helpful. The occurrence of selecting a CEO is rare, most likely once in 5-7 years. The group of people, actively involved in the recent selection process is unlikely to be around when it happens again in Esperance.

It is important to gather the knowledge gained. A standard ‘post-project’ review process would comprise of identifying the group’s positive experiences and one or two things to improve. This information could be used to look for adjustments in the Standards and should be locked away in a confidential ‘time capsule’ for when the next selection process takes place.

Answer

We appreciate the time taken to review the standards as attached in the April Ordinary Council Meeting Agenda. However, Council endorsed the standards as per WALGAs recommendation at the Ordinary Council Meeting on 27 April 2021.

Question

Disposal of Jetty Timbers, Item 12.2.2

The Shire CEO, in a meeting with the Esperance Ratepayers and Electors Association advised that new timber was used during the construction of the Esperance Jetty. Recovered timber has only been used for seating.

This puts a whole new light on the use of recovered jetty timber. Only limited quantities of old timber was required for the construction of a small number of seating arrangements.

Can Council now clarify that:

1. Timber has been returned to those members of the community that were entitled to planks (as they purchased those in a previous fundraising campaign)

2. Can Council seek a formal valuation of the grade 1, 2 and 3 timbers in its possession and thereby establish the value of this community asset

3. The valuation of the timbers then allows Council to make proper, value based decisions on when it determines to ‘donate’ (and/or sell) timber for community projects. Would Council consider this as an alternate Grants process and what implications could this have on it 2021/22 budget?

4. Can Council advise any use of grade 1, 2 and 3 timber (such as signage) to-date

5. Will Council consider a suggestion to build a ‘Monet-style’ bridge across the lily pond?

6. Will Council seek community suggestions for use of Tanker Jetty timber to enhance the amenity of the Shire

Answer

1. Correct timber has been returned to members of the community who were entitled to planks and could produce certificates as verification. To date, 21 community members have received planks.

2. This could potentially be considered as Council implements the resolution from the April Ordinary Council Meeting, in which the following was resolved:

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.

3. As stated above, this could potentially be considered as Council implements the resolution from the April Ordinary Council Meeting. The value of reclaimed jetty timbers could potentially be considered within the framework. The framework will describe the appropriate use of timber by the Shire, community access to timber and the disposal of timbers.

4. Grade 1 and 2 timbers has been used for signage in four (4) CBD roundabouts. A further three (3) roundabouts and intersections are currently awaiting timber signs to be made and installed.

5. This would need to suggested and considered as part of the James Street Cultural Precinct consultation process which is currently underway. The implementation of your suggestion would also be subject to detailed engineering and the structural integrity of the reclaimed jetty timbers.

To submit comments and feedback on the James Street Cultural Precinct. Please see link below.

https://www.esperance.wa.gov.au/james-street-cultural-precinct

6. As stated above, this could potentially be considered as Council implements the resolution from the April Ordinary Council Meeting. The Shire is currently receiving and will continue to receive feedback from the Streetscape Advisory Committee and community representatives on the use of reclaimed jetty timbers in landscaping and amenity projects around town.

Question

Esperance Jetty Construction Costs

Now that the Esperance Jetty has been opened and construction is complete can Shire advise the total costs of the construction project, e.g.

1. construction contract

2. variations to the contract

3. H&H supervision and additional advice

4. Shire project management cost

5. other material costs (staging area, repair to the headland, etc)

Answer

1. Contract sum - $6,796,130.00

2. Variations to date - $232,576.32

3. H&H (includes GHD) costs to date $103,020.23

4. Project Management costs to date are $107,771.61

5. The Jetty Headland is still a work site and final details are still being completed.

Question

Esperance Jetty Technical Design

Shire has previously stated that the technical design for the Esperance Jetty would be made available to the public, once the construction of the jetty was completed.

Can Shire please issue an electronic copy of this document.

Answer

The Shire have not yet received the final as-constructed drawings as some construction works are still technically occurring. As-constructed drawings are not usually made public since they contain no different substantive information that isn’t already on the contract (construction) drawings.

The original construction drawings were contained in the RFT document, which is/was a public document. As-constructed drawings typically reference minor dimensional changes, such as precise pile locations and pile set data (pile driving records) and are no different from the original construction drawings in any substantive way.

Question

Esperance Tourism Strategy

The GEDC submission to the review of the Esperance Tourism Strategy refers to Esperance Townside foreshore redevelopment master plan (page 162)

I have searched the Shire website for this plan. Can a copy or access to this plan made available?

Answer

The Goldfields Esperance Development Commission are referring to a document created in 2005 titled the Esperance Townsite Foreshore Redevelopment Mast Plan Report. The document has been attached for your reference.

Question

Audio record of the OCM 23 Mar 2021

At the start of the briefing session we were advised that the meeting was being recorded. It was also stated that the previous Ordinary Council Meeting had been recorded and that this feed was available to the public.

There is no reference to the recording on the Agenda and Minutes pages https://www.esperance.wa.gov.au/agendas-minutes-0

Can Shire advise how we can get access to the recording.

Answer

As stated in the Minutes of the March Ordinary Council Meeting, Council Meetings are being recorded in a trial for future live streaming. The recording from the March Ordinary Council Meeting was made available on the Shire website shortly after the meeting and can be found using the link below:

https://www.esperance.wa.gov.au/council-meeting-video-recordings

Agenda Briefing Sessions will be recorded for internal purposes only, to continue improving the process. These recordings will not become publically available.

As per the Councils Live Streaming and Recording of Meetings Policy, the Shire has now included a disclaimer in Ordinary Council Meeting Agendas and will continue to include a disclaimer in the Minutes when read aloud by the Presiding Member.

Question

Shire of Esperance Public Health Plan 2021-2026 (Plan)

A draft of this Plan has been issued in the briefing notes for the OCM of 27 April 2021. If Council approves the related recommendations this document will be open for public comment. I believe this Plan deserves serious consideration.

In the draft document it is indicated that assessment will be using the PABCAR process. Research indicates that PABCAR stands for

1. What is the Problem and is it significant?

2. Is it Amenable to change?

3. Are the intervention Benefits greater than costs?

4. Is there Acceptance for the interventions?

5. What actions are Recommended?

The Pareto principle states that for many outcomes, roughly 80% of consequences come from 20% of the causes. Hence, when the Plan draws on statistics it is vital that they are accurate and complete. During public question time I identified

· “By 2031 it is estimated the number of people 70+ years will increase by 38%” is lacking in detail. Not knowing how many are 70+ now (e.g. 100?) does not allow an assessment if this increase is a significant number (e.g. is there really a problem?)

· “1 in 5 smoke when pregnant” falls in the same category. If there are only 30 pregnancies in Esperance per year, the 6 people in this category are ‘insignificant’ in relation to the Plan.

I feel there are a number of considerations that should drive the Plan:

a) The Plan should not overlap with any Federal or WA State campaign (such as anti-smoking, obesity, etc.). Rather, the Shire should seek that the relevant authority – using local knowledge - tailor their campaign so it can be more effective in the Shire.

b) Shire should identify key causes for health issues, specific to the Esperance Shire. Exceptionally high UV exposure comes to mind. Specific issues related to the farming community (back stress from driving motorised vehicles/tractors/harvesters?)

c) Issues linked with the elderly (where we assume that Esperance has an above-average number of senior citizens).

I feel that public comment can be more valuable if an addendum is issued with its release. The addendum should provide enhanced, detailed statistics and where possible add detail to items (a), (b) and (c) above.

Answer

Consultation took place early in the development with a range of organisations including the Epidemiology Branch of WA, WA Country Health Services in Kalgoorlie and Esperance, and the Public Health Advocacy Institute of WA and local agencies. This consultative process provided guidance with the planning, data review and provision of health data used for the health profile of the community. The full version of the Public Health Plan (the Plan) contains the rational and data used in its development, with the appendicies providing more detailed information/data. The full version of the plan can be found here.

In reference of the clarification: The number of people 70+ years old within Esperance will increase by 38% by 2031.

The data used at the time stated that in 2021 it was predicted that there would be 1,950 people 70+ years old in Esperance. In 2031 it was predicted that the figure would be 2,710 people. An increase of 38% or 760 people. The source of this data is Western Australia Tomorrow 2016-2031 Forecasts published by the Department of Planning, Lands and Heritage. This information is found in Appendix 2 of the Plan. This increase has been identified as noteworthy by health professionals for Esperance and other regional towns.

In reference to the clarification: 1 in 5 smoke when pregnant:

2019 data showed that 18% of women in Esperance smoked whilst pregnant. This data was obtained from the Health Snapshot Goldfields released by the WA Primary Health Alliance. The brochure only included the percentages, the number of pregnant women is not mentioned. This percentage has been identified as noteworthy by health professionals.

In reference to your comment a):

The strategic and operational governance of the Plan will be overseen by two key groups: An Advisory Committee and a Shire of Esperance Working Group. The role of the Advisory Committee is to provide strategic advice on the ongoing development, implementation and evaluation of the Plan.

This committee has representatives from key local agencies, which have a significant role in or influence on community health and wellbeing locally including WA Country Health Service ( Kalgoorlie and Esperance); and WA Primary Health Alliance- Esperance (which is leading agency for most health local agencies). These partnerships allow a close network to work on local issues.

The Shire of Esperance recognise that through successful and collaborative partnerships we can

• Reducing duplication of programs and initiatives;

• Increasing efficiency by collaborating and joining resources to develop common goals and actions;

• Improving communication and increase understanding of the roles and expectations of others;

• Achieving greater success by working together; and

• Sharing skills and knowledge.

In reference to your comments b) & c):

As we developed the Plan, we established partnerships with organisations like Injury Matters and Cancer Council to name a few on possible local projects. The Shire of Esperance is also an active member of the Esperance Alcohol and Other Drug Harm reduction group formed of many health local agencies working on local issues. The Health Plan will be a formal way to advocate in this area and work together in some local issues. Our role is not to duplicate existing services but to assist agencies to meet their goals at a local level. Our full plan version lists possible collaborative actions.

Because health can be influenced by many factors, sometimes outside of personal control, a holistic approach towards health was adopted when developing the Plan. Connections between social, cultural, economic, built and natural environments were considered. Subsequently the plan was kept broad to allow some flexibility to work on local health issues raised with our local agencies. We are looking forward to continue to work with the community to build a healthier community.

At the April Ordinary Council Meeting on 27 April you questioned who the land owners are of the two windfarms within the Shire of Esperance. I can confirm the owners of these land are the State Government. More specifically, the Shark Lake site is owned by Southern Ports Authority and Twilight Beach Road is Crown Land managed by the Department of Planning, Lands & Heritage.

Thank you again for expressing interest in these topics. Should you have any queries, please do not hesitate to contact me.

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

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

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

	Agenda Briefing Sessions (19)	Ordinary Council Meetings (19)	Special Council Meetings (9)	Annual Electors Meeting (2)
Shire President Cr Ian Mickel	19	19	9	2
Deputy President Cr Basil Parker	16	16	6	2
Cr Jo-Anne O’Donnell	18	18	7	2
Cr Steve McMullen	17	19	9	2
Cr Shelley Payne	14	15	8	2
Cr Jennifer Obourne	18	18	8	2
Cr Ron Chambers	16	19	8	2
Cr Dale Piercey	13	17	7	2
Cr Wes Graham	18	18	8	2

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Bay of Isles Leisure Centre - Review of Operations and Business Model

Author/s	Scott McKenzie	Acting Director External Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/12505

Applicant

External Services

Location/Address

Not Applicable

Executive Summary

For Council to consider the internal review of the Bay of Isles Leisure Centre (BOILC) Operations and Business Model.

Recommendation in Brief

That Council retain in-house management of the Bay of Isles Leisure Centre.

Background

During the January 2021 Ordinary Council Meeting, Council resolved a series of Key Performance Indicators (KPI) for the CEO for 2021. These KPIs were subsequently included in the Corporate Business Plan 2020/21 – 2024/25.

Specifically KPI 1.1 is to undertake a ‘Review of options to build better understanding of the alternatives for operations, client usage and the business model’ of the Bay of Isles Leisure Centre.

In order to gather information for the review, staff contacted the (YMCA), other Local Governments that have utilised external management organisations and reviewed current activities against the Parks and Leisure Associations (PLA) regional facilities benchmarking program. A condition of the PLA benchmarking is that an individual centres data is not be used publicly, only the annual median and average data is used.

YMCA took the opportunity to do some due diligence and were given some financial data on the BOILC over the past couple of years. The YMCA also visited Esperance and were given a guided tour of the BOILC on 6 January 2021, they subsequently submitted a letter outlining their proposal in general terms (Attachment A).

Feedback was sought from other Local Governments that are (or were) out sourcing the management of leisure facilities. In summary the feedback was mixed, some Local Governments were happy with the process and financial process and others have brought the management of the facility back in house. Those that had brought the management in house recognised that a strong learning opportunity was that any out sourcing of management of a facility requires a robust contract and a commitment to contract management. They also gave feedback that the Local Government needs to be very clear in its expectations when developing the contract, for example is the priority to reduce costs, provide other services and more.

Information gleaned from the Parks and Leisure Benchmarking report is attached as Attachment B.

Officer’s Comment

The YMCA made a clear statement during their site visit that if the sole intention of Council is to reduce costs then this is probably not the best option.

YMCA look to develop a community hub, with a focus on community and youth engagement. They offer additional value in youth services, child care, health and wellness and all of community support, which can all be provided, as needed, as part of a long term partnership agreement. Therefore, out sourcing the management of the BOILC may provide an option for additional youth services to be provided, however it is felt that if this is the outcome preferred by Council then we can resource this through our normal budgetary process.

The YMCA appear to be a very well run, passionate advocate for youth services throughout Australia. They also indicated a strong desire to manage the Esperance Sporting Complex as well as the BOILC.

Out sourcing the management of the BOILC is not expected to decrease the annual funding deficit of the facility. It is also expected that any organisation undertaking the out sourcing will want to reduce risk by having the responsibility to maintain and replace equipment remain with the Shire. A Manager would also need to remain responsible for the active management of any contract.

The benchmarking information showed that in general we are comparative to other like regional centers albeit the BOILC is always looking at ways to increase patronage and decrease operating expenditures.

Option One

That Council retain in-house management of the Bay of Isles Leisure Centre.

Option Two

That Council request the CEO to undertake an EOI process for external management of the Bay of Isles Leisure Centre and Esperance Sporting Complex.

Consultation

YMCA

EMT met with YMCA on 6 January 2021

Council were briefed on the results of this review on Tuesday, 13 April 2021

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

Corporate Business Plan 2020/21 – 2024/25

C3.1 Manage the Bay of Isles Leisure Centre

Environmental Considerations

Nil

Attachments

a ⇩.	YMCA - Outsourcing of Services Discussion
b ⇩.	Parks and Leisure Association - Benchmarking Highlights

Officer’s Recommendation

That Council:

1. Accept the review undertaken on operations and alternatives for management of the Bay of Isle Leisure Centre; and

2. Retain in-house management of the Bay of Isles Leisure Centre.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 31

Item: 12.1.2

Application for Development Approval - Increased Number of Weddings/Receptions - Lot 5 (79) Downes Street, Pink Lake

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

File Ref: D21/14599

Applicant

P & V Griffiths

Location/Address

Lot 5 (79) Downes Street, Pink Lake

Executive Summary

That Council consider Development Application 10.2021.4626.1 for an increased number of weddings/receptions to be held at Lot 5 (79) Downes Street, Pink Lake.

Recommendation in Brief

That Council refuse Development Application 10.2021.4626.1 for an increased number of weddings/receptions to be held at Lot 5 (79) Downes Street, Pink Lake.

Background

An application for development approval for an increased number of weddings and receptions to be held at Lot 5 (79) Downes Street, Pink Lake was received by the Shire of Esperance on 17 March 2021.

The application was subsequently advertised to adjoining landowners and the Department of Water and Environmental Regulation. Two objections were received, one from an adjoining landowner and one from the landowner across the road. One non-objection was also received from another adjoining landowner. The Department of Water and Environmental Regulation also objected to the proposal.

The text of the objections was subsequently provided to the applicant, who amended the proposal.

As the objectors have elected to maintain their objections to the proposal, the applicant is referred to Council for determination.

Officer’s Comment

It should be noted that under the temporary use exemption forwarded by the Deemed Provisions of the Scheme, one (1) event may occur in any 12 month period. This application seeks to increase the number of events to be held on the site to five (5).

Lot 5 (79) Downes Street, Pink Lake is zoned Rural Residential. It is further affected by Additional Use A8, Special Control Area 4 (Priority Area 2 and Wellhead Protection Zone), and is declared as Bushfire Prone by the Department of Fire and Emergency Services.

The property is 23,519 square metres in size and is currently well developed with a Single House, Tennis Court, Swimming Pool, Hostel, as well as numerous Outbuildings and Water Tanks.

Under Local Planning Scheme No. 24, Additional Use 8 permits ‘Reception Centre’ as an ‘A’ use. As per the provisions of Local Planning Scheme No. 24, the definition of ‘Reception Centre’ is as follows:

Means premises used for hosted functions on formal or ceremonial occasions.

As such the proposal is considered to fall under the definition and development controls of a Reception Centre.

Furthermore Local Planning Scheme No. 24 states the following in regards to Additional Use 8:

Development Approval cannot be used unless the proposal complies with the provisions of Water Quality Protection Note 25 – Land Use Compatibility in Public Drinking Water Source Areas unless it is satisfactory to the Department of Water and Environmental Regulation.

When presented with the application, the Department of Water and Environmental Regulation advised the following:

DWER has identified that the proposal will impact on water resource values and therefore objects to the proposal. Key issues and recommendations are provided below, and these matters must be addressed in regard to the potential risk of the proposal to impact on water resources to the satisfaction of the Department:

Priority 2 Area – Esperance Water Reserve

Lot 5 Downes Street, Pink Lake is located within a Priority 2 (P2) Public Drinking Water Source Area (PDWSA). P2 areas are defined are defined and managed to maintain or improve the quality of the drinking water source with the objective of risk minimisation. P2 areas occur within PDWSAs where the land is zoned rural and the risks need to be minimised. Low levels of development consistent with the rural zoning are considered appropriate (generally with conditions) in P2 areas.

The majority of the lot area is located within multiple wellhead protection zones (WHPZ) which protect multiple production bores supplying public drinking water to Esperance and these zones the most vulnerable zones to contamination.

Land use compatibility table

Water quality protection note no. 25 - Land use compatibility tables for public drinking water source areas do not have a category for the development type. See: https://www.water.wa.gov.au/__data/assets/pdf_file/0014/1733/12441.pdf. The proposed land use of garden receptions and weddings is considered to be closest to the category of ‘Reception Centre’ within the LUCT table. For the purpose of assessing the planning proposal, this category incorporates the majority of relevant land uses which would apply to the development. Relevant categories for land uses under the table would include, for example, car park, community purpose and food and drink premises. Under WQPN 25, all of these categories are listed as ‘incompatible’ within a P2 area. In accordance with WQPN 25, DWER will not support expansion or intensification of an existing, incompatible land use unless the overall water quality contamination risk can be reduced.

While the development application does not involve development of permanent structures for the facility (it is assumed marquees will be used) or additional on-site wastewater facilities, the risks of the above land use activities, including pathogens from increased access of people and hydrocarbons into the WHPZ is considered to be high. Wedding events will necessitate increased numbers of people concentrated within the site at any one time and vehicle movements to and from the site (including commercial service providers, catering and delivery vans/trucks etc). Within a P2 area, this type of development has the potential to increase the cumulative risk of contamination to the public water source area. In general, DWER is not supportive of any intensification of rural land uses through increasing public access within the P2 area.

Further, two additional objections were received one from an adjoining landowner, the second from the landowner across the road. These objections were on the following grounds:

Objection:	Planning Comment:
Parking, Traffic Hazards and additional Street Traffic, Vehicles coming and going at odd hours	Noted. The proposal will increase traffic in the area, and parking on the verge is not a favourable option. The applicant has indicated they are willing to have all vehicles parked on the property, which is the preferred option.
Noise.	Noted. The proposal will increase noise experienced by landowners in the vicinity. The proposal will need to comply with the Environmental Protection (Noise) Regulations 1997 which would limit noise generation to between 7am and 7pm.
Inappropriate Land Use in the zone, Gross Departure from the intent of the Planning Scheme.	Noted. While the land use is not permitted in the Rural Residential zone, the property is affected by Additional Use 8 under the Planning Scheme which allows for ‘Reception Centre’ land uses subject to advertising requirements and as such the application can be considered.
Privacy and Security.	Noted. There is a valid concern that people attending function on the site may act in an anti-social manner, including by violating the privacy of nearby residents. It is the responsibility of the operator to insure that people attending the site are well behaved and that adequate security is provided.
Property is heavily developed and is effectively already a holiday park/function centre.	Noted. The property has been approved for a wide range of activities and structures over the years, ranging from Single Dwelling/House, Outbuilding, Hostel and others, and as such is far more developed than surrounding properties.
Supply of alcohol to guests	Noted. If the proposal is considered for approval, conditions will need to be applied for compliance with responsible service of alcohol and appropriate licensing of the facilities.
Waste/Rubbish Generation	Noted. Irrespective of the land use, generation of waste and rubbish is always a concern. The objector’s suggestion to monitor and collect waste materials from the road sides after any function is welcome, however the Shire lacks the resources to enforce such a suggestion. Planning staff suggest instead that if the proposal is considered for approval that conditions be applied for adequate provision of bins and waste receptacles.

While the applicant did amend their application as a result of the objections received, all three objecting parties have maintained their objection to the proposal.

It should also be noted that Amendment 7 to Local Planning Scheme No. 24 deletes the additional use from Lot 5 Downes Street, Pink Lake due to being incompatible with the Priority 2 (P2) Public Drinking Water Source Area (PDWSA) and the wellhead protection zone (WHPZ) which extends over the site.

Consultation

The application was advertised to adjoining landowners and the Department of Water and Environmental Regulation. Two objections were received, one from an adjoining landowner and one from the landowner across the road. One non-objection was also received from another adjoining landowner. The Department of Water and Environmental Regulation also objected to the proposal.

The text of the objections was subsequently provided to the applicant, who amended the proposal.

Financial Implications

Application fees totalling $295.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

Policy Implications

· Water Quality Protection Note No. 25 - Land Use Compatibility Tables for Public Drinking Water Source Areas

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

The proposal represents a potential impact on the Public Drinking Water Source Protection Area for the Esperance Townsite.

Attachments

a ⇩.	Site Plan
b ⇩.	Details of Initial Application
c ⇩.	Details of Revised Application after Objections
d ⇩.	Objection (DWER)
e ⇩.	Objection (Freeman)
f ⇩.	Objection (Meares)

Officer’s Recommendation

That Council refuse Development Application 10.2021.4626.1 for an increased number of weddings/receptions to be held at Lot 5 (79) Downes Street, Pink Lake on the following grounds:

1. The proposal is not consistent with Water Quality Protection Note No. 25 - Land Use Compatibility Tables for Public Drinking Water Source Areas; and

2. The proposal represents an unacceptable risk to the Public Drinking Water Source Protection Area for the Esperance Townsite.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 47

Item: 12.1.3

Community Drop Off and Waste Management Transfer Station

Author/s	Mel Ammon	Acting Director External Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/14492

Applicant

Internal

Location/Address

Reserve 51287, Myrup Rd (Lot 1885) Myrup

Executive Summary

For Council to identify the preferred location for a Community Drop Off and Waste Management Transfer Station Site.

Recommendation in Brief

That Council approve the preferred location for the Community Drop Off and Waste Management Transfer Station Site, at the current Myrup Truck Wash site, at Lot 1885 Myrup Rd, Myrup.

Background

With investigations for a new Waste Facility continuing, it is apparent that a suitable site within close proximity to Esperance will not be located and waste will be required to be transported to a landfill site. As such, there will be a need for a Waste Transfer Station to be established, closer to Esperance to act as a commercial and community waste drop off and collection point with sorting and processing capabilities.

This provides an opportunity for Council to consider a site that can accommodate all waste streams at the one location to incorporate the collection, sorting, processing, storing and dispatch. This will provide for one centralised waste management facility.

Council have been made aware of three (3) potential sites, for the purpose of a Community Drop Off and Waste Management Transfer Station, as an alternative to the current Wylie Bay Landfill, as it comes to the end of its operational life. These locations are;

· Wylie Bay Waste Facility, Wylie Bay Rd (170), Bandy Creek

· Myrup Liquid Waste and Truck Wash Facility, Reserve 51287, Myrup Rd (Lot 1885) Myrup

· Shark Lake Industrial Park, Old Shark Lake Rd (Lot 9500), Monjingup

Each site was assessed for suitability against criteria such as access to utilities, current use, planning considerations, impact on neighbours, environmental concerns and ability for the site to accommodate all waste streams.

Officer’s Comment

Based on the information gathered from all sites identified for the Community Drop Off and Waste Management Transfer Station, the current Myrup Liquid Waste and Truck Wash Facility deemed to be the most suitable site, based on the following findings.

Myrup Liquid Waste and Truck Wash Facility

Access to Utilities	Power to site, existing water supply, close proximity to Telstra Tower
Current Use	Truck wash, Liquid waste disposal, selected site for FOGO
Planning Considerations	Shire Managed Reserve, amend Reserve purpose required
Impact on Neighbours	Closest neighbour greater than 700mt away
Environmental	Existing liquid waste site
Site suitability	Large area, enough room to accommodate all waste requirements, fenced site, closer location to future landfill options, currently has evaporation ponds that could be used for compost leachate, internal assessment for composting guidelines indicate site suitability

Wylie Bay Waste Facility

Access to Utilities	No power, limited water and communications
Current Use	Existing waste site, nearing end of permitted life
Planning Considerations	Freehold
Impact on Neighbours	No close neighbours
Environmental	Little separation to water table, not suitable for composting
Site suitability	Large area, enough room to accommodate all waste requirements however environmental concerns for some activities i.e. composting, multiple waste sites required, fenced site, further distance to future landfill options

Shark Lake Industrial Park

Access to Utilities	No commercial power supply or water, close proximity to Telstra Tower
Current Use	Currently identified as Industrial Park, potential to stop further development
Planning Considerations	Freehold, zoned General Industry
Impact on Neighbours	Closest neighbour less than 500mt away
Environmental	High ground water level, unable to accommodate composting on site
Site suitability	Smaller subdivided lots, not all waste management on same site, site not fenced, closer location to future landfill options

Based on the information provided above, a preliminary drawing of site layout has been provided, as at Attachment A, for the Myrup Liquid Waste and Truck Wash site. This illustrates the ability for the site to house all the operational requirements of a waste drop off and transfer station. This is an initial concept only, and a detailed design of the facility may change configuration and layout of site.

Another benefit for the Myrup site, is the ability to house all waste streams at the one location. Having all waste, including general waste, FOGO, Recycling, Construction and Demolition Materials, Commercial and Industry Materials, Household Hazardous Waste, Special Waste, Truck Wash and Septic Waste, E-waste and the Tip Shop, in the one location, for delivery, sorting and processing allows for the maximum recovery of recyclable and reusable goods. This not only acts as a cost recovery and income stream for the waste operations, more importantly it ensures better scrutiny over what is going to land fill and provides greater opportunity to reduce it. This in turn, will reduce the costs associated with transporting waste and improve efficiencies.

It is important to note that although this site has the capacity to conduct all operations within the one location, further decisions will need to be made by Council as to their implementation such as green waste mulching, Dirty MRF and FOGO.

Making a decision as to the preferred location for a community drop off and transfer location is important to allow for future planning and approvals due to the imminent closure of Wylie Bay Waste Site by the end of 2022.

Briefings sessions were held with Council during March and April as well as a site visit to the Myrup Truck Wash was held on the 27 April.

Option One

That Council approve the preferred location for a Community Drop off and Waste Management Transfer Station Site, at the current Myrup Truck Wash site, at Lot 1885 Myrup Rd, Myrup

Option Two

That Council do not accept any of the current identified locations and direct the CEO to further explore options for an alternative site for the Community Drop Off and Waste Management Transfer station Site.

Consultation

Internal Shire Departments

The Odour Unit – with regard to existing and potential new odour issues

Briefing Session with Council on 23 March 2021

Briefing Session & Site Visit with Council on 27 April 2021

Financial Implications

The financial implications arising from this report are yet to be determined. More information will be provided as a clearer concept for the project is developed.

Asset Management Implications

The Asset Management implications are yet to be determined. More information will be provided as a clearer concept for the project is developed.

Statutory Implications

The statutory implications associated with this item are;

Waste Avoidance and Resource Recovery Act 2007

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

N2.5 4.1 - Details of external landfill option and local landfill sites established

N2.5 4.2 - Investigation of transfer station options

Environmental Considerations

The preliminary environmental considerations arising from this report are in relation to odour, DWER licencing, water contamination, noise, animal control and proximity to RAMSAR wetlands and Esperance two airports.

These issues have been noted and will be further considered during concept development.

Attachments

a ⇩.

Concept Design - Layout of Community Drop Off and Waste Transfer Station on site

Officer’s Recommendation

That Council;

1. Identify Myrup Truck Wash site, Reserve 51287 at Lot 1885 Myrup Rd, Myrup as the preferred location for the Community Drop Off and Waste Management Transfer Station Site and request the CEO to:

a. Apply to Department of Planning Lands and Heritage Lands to have Reserve 51287 vesting amended to include the uses of Waste Transfer and Composting,

b. Engage of an suitably qualified consultant to developed a detailed concept design and costings; and

c. Commence the application process for approval with Department of Water and Environmental Regulation criteria for a Community Drop Off Point and Waste Management Transfer Station.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 52

Item: 12.1.4

Land Transfer - Grass Patch Community Development Association

Author/s	Mel Ammon	Acting Director External Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/15167

Applicant

Grass Patch Community Development Association

Location/Address

Lot 5 and Lot 6 Coolgardie-Esperance Highway, Grass Patch

Executive Summary

For Council to consider accepting the land at Lot 5 and Lot 6 Coolgardie – Esperance Highway, Grass Patch, as offered by the Grass Patch Community Development Association for $1, for the purpose of the future construction of a Fire Shed for the Southern Mallee Bush Fire Brigade.

Recommendation in Brief

That Council accept the land at Lot 5 and Lot 6 Coolgardie – Esperance Highway, Grass Patch, as offered by the Grass Patch Community Development Association for $1, for the purpose of the future construction of a Fire Shed for the Southern Mallee Bush Fire Brigade.

Background

Discussions between the Shire, Southern Mallee Bush Fire Brigade (SMBFB) and the Grass Patch Community Development Association (GPCDA) commenced a number of years ago about a proposal for the GPCDA to surrender the land at Lot 5 and Lot 6 Coolgardie – Esperance Highway to the Shire, demolish the building on site and seek Emergency Services Levy (ESL) funding to build a new Fire Shed for the SMBFB.

Further investigations found that there are asbestos considerations within the building and a cost estimate ranging between $15,000 - $20,000 were received to demolish the building.

At the time it was acknowledged the SMBFB was in need of a new fire shed, however further investigation and consideration was going to be given to other potential sites that may not have had the same costs associated. Additionally, at the time, the Shire had received ESL funding for a number of new fire sheds, and until a suitable site for a shed was located, ESL funding would be unavailable.

In 2019, the Shire entered into a lease agreement with the GPCDA for the use of this shed to house the SMBFB truck, while a permanent solution was being investigated.

Officer’s Comment

The GPCDA and SMBFB have worked together to look at alternative locations for a fire shed to be built. Consideration was given to sites near the Community Hall and other Reserves within the town site. The preference remains with the GPCDA land for the highway accessibility, improvement to streetscape and central location.

The offer from the GPCDA is for the Shire to accept the two lots in an “as is” condition. The shed located on the land is old, contains asbestos and would not be suitable for refurbishment for a fire shed. As such, the shed would need to be demolished and this would be at the Shire’s expense, if the land was provided to the Shire. Consideration, by the GPCDA, has been given to demolishing the existing Shed, at their expense, and then offering to sell the land to the Shire to recoup costs. This is not the preference of the GPCDA.

At the Bush Fire Advisory Committee meeting held in March, discussion around prioritisation of future projects and ESL funding was held and shed builds for Condingup and Grass Patch were highlighted. There is currently an ESL funding application submitted for Condingup for the 2021/22 financial year.

Once a land allocation is approved for a shed in Grass Patch, an application for ESL funding can be made. Commencing this process with the GPCDA now, will ensure that the land transfer is complete and the eligibility criteria is met for funding in the 2022/23 financial year budget, which will need to be submitted in March 2022.

Option One

That Council accept the land at Lot 5 and Lot 6 Coolgardie – Esperance Highway, Grass Patch, for $1 as offered by the Grass Patch Community Development Association, for the purpose of the future construction of a Fire Shed for the Southern Mallee Bush Fire Brigade.

Option Two

That Council do not accept the land at Lot 5 and Lot 6 Coolgardie – Esperance Highway, Grass Patch, as offered by the Grass Patch Community Development Association and the Southern Mallee Bush Fire Brigade continue to seek an alternative site to construct a fire shed.

Consultation

Grass Patch Community Development Association

Southern Mallee Bush Fire Brigade

Bush Fire Advisory Committee

Financial Implications

There will be a cost associated with the demolition of the existing shed, estimated to be $20,000.This, however, will not occur until such time the SMBFB have received funding for the replacement fire shed and will be factored into future budgeting.

Asset Management Implications

After the demolition of the shed, currently on site, there will be no ongoing maintenance.

When the new Fire Shed is built, maintenance will be included as part of the annual maintenance program undertaken by the Shire, funded by the Emergency Services Levy

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Develop and maintain a safe environment for the community

Environmental Considerations

Nil

Attachments

a ⇩.

Letter of Offer from Grass Patch Community Development Association

Officer’s Recommendation

That Council

1. Accept the land transfer of Lot 5 and Lot 6 Coolgardie – Esperance Highway, Grass Patch, for $1 consideration, for the purpose of the future construction of a Fire Shed for the Southern Mallee Bush Fire Brigade.

2. Delegate authority to the CEO and Shire President to execute the documents to allow the land transfer and;

3. Request the CEO to begin seeking funding for a new Fire Shed for Southern Mallee Bush Fire Brigade.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 May 2021 Page 56

12.2 Asset Management

Item: 12.2.1

Verge Development Request - Witches Brew Drive Thru Coffee

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

File Ref: D21/15160

Applicant

Witches Brew Drive Thru Coffee,

Steve McMullen and Brian McMullen

Location/Address

Forrest Street, Esperance

Proposed treatment area

Surrounding verge treatment area

Executive Summary

That Council consider the verge development request from Witches Brew Drive Thru Coffee, Forrest Street, Esperance.

Recommendation in Brief

That Council:

1. Approve the standard stabilised gravel verge treatment as offered to Witches Brew Drive Thru Coffee, Forrest Street, Esperance; and

2. Request the Chief Executive Officer consult with key stakeholders and surrounding businesses to investigate future verge development options in the broader Forrest Street area.

Background

A request for the Shire to develop the verge adjacent to Witches Brew Drive Thru Coffee, Forrest Street, Esperance was received on 10 February 2021.

In the request the applicant stated dust pollution issues as the basis for the request for the Shire to develop the verge. The applicant initially requested the Shire to develop and seal the verge area, with either concrete or pavers. The applicant indicated if this area were sealed it could also allow the option for our business to potentially apply for an alfresco permit to better activate that area.

The Shire made the applicant aware of the Shire’s road verge development policy (Road Verge Development Policy ASS:008) and permissible verge treatments the Shire would consider in line with the policy and that higher standards of verge treatments may be considered and approved by the Shire with costs covered by the applicant.

After reviewing the request and considering other similar CBD verge treatments the Shire suggested it would only consider gravel, mulch or blue metal treatment as possible solutions. The applicant advised that their preferred treatment was a high standard jarrah mulch.

After analysing the three options, the Shire offered the applicant stabilised gravel as the most cost effective treatment that was consistent with verge treatment in the immediate surrounding area. The applicant has since indicated that the treatment of the verge with stabilised gravel is not to their satisfaction or to the standard they envisaged and requested Council’s consideration of the matter.

The last time the Road Verge Development Policy ASS:008 was considered by Council was in March 2019, when Council considered a request to provide a higher level verge development on a block of residential land. Council subsequently resolved the following:

“That Council does not support the request to construct the verge on Matthew Street, Castletown, outside 30 Mitchell Street.”

Officer’s Comment

The business owners of Witches Brew Drive Thru Coffee have requested the Shire to develop and complete a verge treatment on the verge in Forrest Street adjacent to their business. The request is for the verge to be developed to a higher standard than the previous and current stabilised gravel verge treatment on the verge adjacent to the carpark and business on Forrest Street. The business owners initially requested the Shire to develop and seal the verge area, with either concrete or pavers with a mulch treatment as a secondary option with the basis of the request being dust pollution issues.

Shire of Esperance Environmental and Health Department business inspection records do not indicate any issues relating to dust pollution from the verge and do not note dust pollution issues being raised by the business owners with the Shire before the request by the business owners to develop the verge.

The Shire’s road verge development policy (Road Verge Development Policy ASS:008) allows adjacent property owners to develop and manage verges with permissible verge treatments. In line with the policy higher standards of verge treatments may be considered and approved by the Shire with costs covered by the applicant. The Road Verge Development Policy is in place to allow street verge development to be undertaken by adjacent landowners in accordance with relevant conditions and to ensure street verges within the Shire are managed and developed to and appropriate and consistent standard, the requested verge treatment is inconsistent with the current level of verge treatment in the surrounding Forrest Street road verge and carpark area.

In the past business owners in Esperance have proposed verge development and treatments in line with the verge development policy as part of planning and development applications and the business development of the site, with costs covered by the business owner. Prior to the development of the Witches Brew Drive Thru Coffee business the Forrest Street verge was treated and maintained with a stabilised gravel treatment.

Shire of Esperance staff have inspected the site and costed out verge treatment options;

· Cost to apply a stabilised gravel treatment to the verge adjacent to Witches Brew Drive Thru Coffee for the purpose of reinstating the verge will be approximately $2,000

· Costs to apply the higher standard jarrah mulch verge treatment requested Witches Brew Drive Thru Coffee will be approximately $8,400

Costs have not been investigated for the Shire to develop and seal the verge area as initially requested by Witches Brew Drive Thru Coffee as this option is considered not economically viable at this point in time.

The approved development application for Witches Brew Drive Thru Coffee had conditions relating to the adjacent verge;

· No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

· All delivery vehicles must be located entirely on the site during loading and unloading of good associated with the use of the site.

· Bollard are to be placed every 1.6 metres in the Forrest Street Road Reserve to prevent parking of vehicles in the road verge.

An inspection of aerial photos and records by Shire staff has indicated that the business owners have parked and allowed vehicles to traverse the Forrest Street road verge that can be accessed via the business. There is no public vehicle access to the road verge from Forrest Street due to the bollards.

The operations of Witches Brew Drive Thru Coffee and the use of the Forrest Street road verge by vehicles parking and traversing from the Witches Brew Drive Thru Coffee business has contributed to the current state of the road verge.

Council should also consider if verge development in the broader Forrest Street area should be considered as part of this request looking at this area in its entirety instead of in isolation.

The following options are given to Council to consider.

Option One: Officers Recommendation:

That Council

1. Approve the standard stabilised gravel verge treatment as offered by the Shire to Witches Brew Drive Thru Coffee, Forrest Street, Esperance; and

2. Request the Chief Executive Officer consult with key stakeholders and surrounding businesses to investigate future verge development options in the broader Forrest Street area.

Option Two

That Council does not support the higher standard verge development request from Witches Brew Drive Thru Coffee, Forrest Street, Esperance.

Option Three

That Council request the Chief Executive Officer consult with key stakeholders and surrounding businesses to investigate future verge development options in the broader Forrest Street area.

Option Four

That Council:

1. Approve the Jarrah Mulch verge treatment request from Witches Brew Drive Thru Coffee, Forrest Street, Esperance; and

2. Approve a budget variation as detailed below:

Description		Budget Figure	Amended Figure	Variation
Witches Brew Drive Thru Coffee Verge Treatment	W New	0	8,400	(8,400)
Net result				(8,400)

Voting Requirement Absolute Majority

Consultation

Internal consultation was undertaken with Parks and Reserves, Asset Development, Environmental Health and Planning Departments.

Financial Implications

The financial implications arising from this report are relating the 2020/2021 budget and parks and reserves Town Road Verge Budget. Depending on determination of Council, the stabilisation option of $2,000 could be accommodated within the existing Town Road Verge Budget. However if the higher level of development is approved at $8,400 on the road verge a budget amendment would be required as our Street Verge budget is running close to capacity.

Asset Management Implications

The asset management implications arising from this report are relating the 2020/2021 resources and parks and reserves landscaping and maintenance programs. Asset Management implications will vary depending on the determination of Council. A lower level of servicing of other landscaped areas may be required if a higher level of verge development is approved.

Statutory Implications

Nil

Policy Implications

The policy implications arising from this report relate to the Road Verge Development Policy ASS:008. The Road Verge Development Policy is in place to allow street verge development to be undertaken by adjacent landowners in accordance with relevant conditions and to ensure street verges within the Shire are managed and developed to and appropriate and consistent standard.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

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

Environmental Considerations

Nil

Attachments

a ⇩.	Request - Road Reserve - Witches Brew Drive Thru
b ⇩.	Images - Witches Brew - Dust Pollution Issue
c ⇩.	Shire Reponses - Witches Brew - Dust Pollution Issue

Officer’s Recommendation

That Council:

1. Approve the standard stabilised gravel verge treatment as offered by the Shire to Witches Brew Drive Thru Coffee, Forrest Street, Esperance; and

2. Request the Chief Executive Officer consult with key stakeholders and surrounding businesses to investigate future verge development options in the broader Forrest Street area.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 67

Item: 12.2.2

Andrew & Dempster Street Roundabout Review

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

File Ref: D21/15610

Applicant

Internal

Location/Address

Andrew and Dempster Street Roundabout

Executive Summary

For Council to consider the information requested on the Andrew and Dempster Street Roundabout.

Recommendation in Brief

That Council note the information provided on the Andrew and Dempster Street Roundabout.

Background

As part of the Esperance Town Centre Revitalisation Masterplan the Shire commissioned the Esperance Town Centre Parking, Traffic, and Pedestrian Strategy which made a series of recommendations regarding parking, traffic management and pedestrian movements around the Town Centre. Two key recommendations out of the Strategy were to improve the roundabout at Andrew and Dempster Street and to install zebra crossings throughout the Town Centre to prioritise safe pedestrian movements in the Town Centre.

Pedestrian crossings were installed in Town Centre in November 2017 and the roundabout was upgraded in 2019 through the National Blackspot funding Program.

At the March Ordinary Council Meeting Council resolved the following motion as a response to the motion from the Annual Electors Meeting.

That Council:

1. Note Motion 1 from the Annual Meeting of Electors (February 2021);

2. Request the CEO to:

a) Investigate the number of recorded accidents since commissioning, the severity of these and in particular if anyone has needed transfer to hospital,

b) Repeats a comparable traffic movement study that was carried out prior to construction,

c) Make a formal assessment on the traffic flow as a result of changing crossing to formal zebra crossings (thereby shifting right of way from cars to pedestrians);

d) Invite the Streetscape Advisory Committee for input on improving the ambiance of this area. Seek guidance on items such as concrete pots that can serve a dual purpose; enhance the safety of pedestrians and provide plants and colour to the busy town centre.

3. Instruct the CEO to advise the Mover and Seconder of the Motion from the Annual Electors Meeting of Council’s resolution.

Officer’s Comment

In response to the specific questions by Council:

Investigate the number of recorded accidents since commissioning, the severity of these and in particular if anyone has needed transfer to hospital.

The official record of accident location and type compiled by the State Government has an approximate delay of 18 months. Given the roundabout was completed in mid-2019 with the pedestrian crossing not resinated until late 2019, the Shire does not have official record of any accidents after this time as of yet.

Anecdotally there have been a few minor accidents at the roundabout since the upgrade, which would be expected given the number of vehicle using the roundabout. The priority of the roundabout upgrade was to significantly reduce the potential for Fatal and Serious Injury (FSI’s).

Repeats a comparable traffic movement study that was carried out prior to construction,

A traffic movement study was completed on the 15^th January 2021 and focused on Andrew and Dempster Street roundabout and the main pedestrian crossing on the northern leg. The report is included in attachment A.

Make a formal assessment on the traffic flow as a result of changing crossing to formal zebra crossings (thereby shifting right of way from cars to pedestrians);

The pedestrian crossings have been in operation since November 2017, as a result of the Esperance Town Centre Parking, Traffic, and Pedestrian Strategy recommending that we prioritise pedestrians over cars in the Town Centre.

As part of the analysis that was carried out, the pedestrian crossing created a 6.2 second delay for 2% of the vehicles that used the Andrew and Dempster Street Roundabout on the northern leg. It should also be noted that of the pedestrians that used the crossing 19% were considered vulnerable and this has made their crossing of the road significantly safer.

Invite the Streetscape Advisory Committee for input on improving the ambiance of this area. Seek guidance on items such as concrete pots that can serve a dual purpose; enhance the safety of pedestrians and provide plants and colour to the busy town centre.

The Streetscape Advisory Committee are already working with the Esperance CBD Landscape Concept Design that includes improving the ambiance of this area and will be making recommendations to Council about future projects for the roundabout landscaping. See extract from the Esperance CBD Landscape Concept Design below.

Consultation

Nil

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Transport networks that meet the needs of our community and provide safe movement for all users

Deliver a diverse, efficient and safe transport system

Corporate Business Plan 2020/21 – 2024/25

B2.6 Implement Esperance Town Centre Parking, Traffic and Pedestrian Strategy

Environmental Considerations

Nil

Attachments

a ⇩.

Analysis of Traffic Flow at Dempster Andrew Street Roundabout

Officer’s Recommendation

That Council

1. Note the information provided on the Andrew Street and Dempster Street Roundabout; and

2. Request the Streetscape Advisory Committee provide recommendations to Council on the Andrew Street and Dempster Street Roundabout landscaping.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 75

12.3 Corporate & Community Services

Item: 12.3.1

Resignations from Committees and New Appointments

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D21/14494

Applicants

Sgt Blake Ashurst

SC Matthew Gulland

PC Mack Johnstone

Sgt Ryan Devine

Amelia Fitzgerald

Carol-Anne Bradley

Engel Prendergast

Cr Shelley Payne

Location/Address

Nil

Executive Summary

For Council to consider accepting resignations and appointing new members to committees.

Recommendation in Brief

That Council:

1. Accept resignations to committees as per the following table;

Committee	Resigning Member
Goldfields-Esperance Country Zone of WALGA, GVROC and GERCG	Cr Shelley Payne
Tourism Esperance	Cr Shelley Payne
Roadwise Committee	Sgt Blake Ashurst (WA Police) SC Matthew Gulland (WA Police) Amelia Fitzgerald Carol-Anne Bradley (WALGA)

and;

2. Appoint members to committees as per the following table;

Committee	Member
Goldfields-Esperance Country Zone of WALGA, GVROC and GERCG (Member)	Cr
Tourism Esperance (Deputy Ex Officio)	Cr
Roadwise Committee	WA Police PC Mack Johnstone Sgt Ryan Devine (Deputy) WALGA Engel Prendergast

Background

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.

Matthew Hughes on behalf of Esperance Police has informed us that Sgt Ashurst and SC Gulland have resigned from the Roadwise Committee as they have left the district for other postings, and their roles will be taken over by PC Johnstone and Sgt Devine.

The Shire has recently adopted a Council Member, Committee Member and Candidate Code of Conduct in line with the updated Local Government Act. As a result of this all committee members have been sent the Code of Conduct and asked to sign an acknowledgement that they have read and understood it. Some of the correspondence the Shire has received in return have been resignations from committees.

After being sent the Code of Conduct and asked to sign an acknowledgement that they have read and understood the document, Blake Ashurst and Amelia Fitzgerald emailed back resigning their positions on the Esperance Roadwise Committee.

Engel Prendergast has let us know that Carol-Anne Bradley has left WALGA RoadWise, and he will be taking over her role until they recruit a replacement officer.

Officer’s Comment

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 external Committees;

· Goldfields-Esperance Country Zone of WALGA, GVROC and GERCG

· Tourism Esperance

With the Local Government election in a little over 6 months, tenure for all committee positions will expire. The WALGA Officer and Esperance Police positions can be filled on the Roadwise Committee, however with so little time left for all positions it is best to leave the other position vacant, especially considering there is still another Community Representative available as well.

Consultation

WA Police

Amelia Fitzgerald

Engel Prendergast

Cr Shelley Payne

Supervisor Asset Administration

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

Facilitate Councillors’ requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.	Amelia Fitzgerald resignation
b ⇩.	WALGA Carol-Anne Bradley resignation, Engel Prendergast replacing
c ⇩.	WA Police Change to Members

Officer’s Recommendation

That Council:

1. Accept resignations to Committees as per the following table;

Committee	Resigning Member
Goldfields-Esperance Country Zone of WALGA, GVROC and GERCG	Cr Shelley Payne
Tourism Esperance	Cr Shelley Payne
Roadwise Committee	Sgt Blake Ashurst (WA Police) SC Matthew Gulland (WA Police) Amelia Fitzgerald Carol-Anne Bradley (WALGA)

and;

2. Appoint members to Committees as per the following table;

Committee	Member
Goldfields-Esperance Country Zone of WALGA, GVROC and GERCG (Member)	Cr
Tourism Esperance (Deputy Ex Officio)	Cr
Roadwise Committee	PC Mack Johnstone (WA Police) Sgt Ryan Devine (WA Police -Deputy) Engel Prendergast (WALGA)

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 May 2021 Page 191

Item: 12.3.5

Annual Review of the Delegated Authority Register 2021/2022

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

File Ref: D21/14941

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to review its delegations to the Chief Executive Officer and Authorised Persons in accordance with the requirements of Section 5.46(2) of the Local Government Act 1995.

Recommendation in Brief

That Council endorse the Delegated Authority Register 2021/2022.

Background

Section 5.42 of the Local Government Act 1995 (the Act) provides authority to a local government to delegate to the CEO any of its powers or the discharge of any of its duties under the Act other than those referred to in section 5.43.

Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 26 May 2020 (Resolution No. O00520-148), and therefore a formal review by Council is now required.

A full copy of the proposed Delegated Authority Register 2021/2022 is attached for the information of Elected Members.

Officer’s Comment

Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year. During the course of the 2020/2021 financial year the following amendments were made to the register after the full review was completed.

July 2020: Amended Delegation

4.1: Planning and Development Act 2005 updated section w) of the Function Performed.

February 2021: New Delegation

17.1: Fines, Penalties and Infringement Notices Enforcement Act 1994

The purpose of this annual review is for Council to consider its delegations to the Chief Executive Officer and Authorised Persons, and determine their ongoing suitability. Delegations to the CEO are at the discretion of Council. Council may elect to make changes to the delegations, these will be recorded and alterations to the register made accordingly.

There have been changes to the Local Government Act 1995 that impact the delegations in place from the previous year. This change has impacted the Dog Act, Cat Act and Caravan and Camping Act in that officers are now authorised under s.9.10 of the Local Government Act 1995 and the power to appoint officers under this section is now given directly to the CEO rather than the Local Government.

It has also been requested that we include the following two new delegations in our register under the Local Government (Uniform Local Provisions) Regulations 1996;

- Dangerous excavation in or near public thoroughfare

- Obstruction of footpaths and thoroughfares

Both new delegations have been requested as generally the Planning Scheme does not apply to thoroughfares and public open space for some activities so the delegations provide officers the ability to manage the activities effectively and, if required, take the necessary action to ensure compliance. Both delegations have been developed in line with WALGA templates available and are consistent with delegations that other local governments already have in place.

Please refer to the attachments for a full summary of changes for this year’s review.

Consultation

Executive Management Team

Middle Management Team

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Building Act 2011

Public Health Act 2016

Planning and Development Act 2005

Bush Fires Act 1954

Food Act 2008

Dog Act 1976

Cat Act 2011

Local Government (Miscellaneous Provisions) Act 1960

Land Administration Act 1997

Local Government (Financial Management) Regulations 1996

Local Government (Uniform Local Provisions) Regulations 1996

Caravan Parks and Camping Grounds Act 1995

Health (Miscellaneous Provisions) Act 1911

Health (Asbestos) Regulations 1992

Building Regulations 2012

Fines, Penalties and Infringement Notices Enforcement Act 1994

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2020/21 – 2023/24

Annual Review and update Delegated Authority Register

Environmental Considerations

Nil

Attachments

a ⇩.	Delegated Authority Register 2021/2022 (Under Separate Cover)
b ⇩.	Summary of Changes

Officer’s Recommendation

That Council endorse the proposed Delegated Authority Register 2021/2022 - Council to Chief Executive Officer & Authorised Persons.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

25 May 2021 Page 199

Item: 12.3.6

Rate Exemption for Esperance Tjaltjraak Native Title Aboriginal Corporation

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

File Ref: D21/15057

Applicant

Esperance Tjaltjraak Native Title Aboriginal Corporation

Location/Address

11a Sheldon Road, Esperance

Executive Summary

For Council to consider granting a rates exemption to a property under Section 6.26(2)(g) (Charitable purpose exemption) of the Local Government Act 1995.

Recommendation in Brief

That Council grant the rate exemptions under Section 6.26(2)(g) of the Local Government Act 1995 for 11a Shelden Road, to:

a. Esperance Tjaltjraak Native Title Aboriginal Corporation Esperance (Assessment 78345) effective from 1 May 2021 and

b. Activ Foundation from 1 April 2020 to 30 April 2021.

Background

ETNTAC recently wrote to the Shire seeking a rates exemption due to charitable purpose for its property under Section 6.26(2)(g) of the Local Government Act 1995. See Attachment A.

ETNTAC has been a registered public benevolent institution since 13 April 2018 and is also endorsed as a Deductible Gift Recipient for the same time, see attachment B.

ETNTAC has purchased 11a Shelden Road, Esperance from the Activ Foundation on 30 April 2021. Previous to this date ETNTAC occupied the premises since 1 April 2020 under a lease with Activ.

The principal objectives of ETNTAC are set out in The Rule Book of Esperance Tjaltjraak Native Title Aboriginal Corporation and include:

· “To promote the relief of poverty, sickness, destitution, serious economic disadvantage, distress, dispossession, suffering and misfortune of the Esperance Nyungar People;

· To protect and promote the laws, culture and traditional rights and interests of the Esperance Nyungar People;”

The Shelden Road property is used by ETNTAC for office facilities for staff who work on various ETNTAC programs; as a meeting place with community and other stakeholders; as a base and depot for ETNTAC rangers and other outdoor staff; and for the storage of equipment and materials.

Activ Foundation had been receiving an exemption of Rates on this property since the 2008 Financial Year. This was last reviewed by officers for eligibility in the 2018 Rate Exemption Review. Due to a lease with ETNTAC the use of the property therefore changed so their previous exemption should again be considered by Council up until the time that ETNTAC had purchased the property

Due to the change in ownership, this application for exemption applies to the period since:

· 1 May 2021 that ETNTAC be granted Rate Exemption undersection 6.26 of the Act and

· 1 April 2020 to 30 April 2021 that Activ be granted Rate exemption

Officer’s Comment

Section 6.26(2)(g) of the Act provides that “land used exclusively for charitable purposes” is not rateable by a local government. There is no clear definition in the Act as to how this clause should be interpreted and as such there is inconsistencies in the interpretation and application of the charitable land use provisions by local governments. Although there is no clear definition there has been case law and ‘general practice’ as well as guidance from local government inquiries that can be used as a guide to help local government determine rate exemptions provided under this section of the Act.

An independent inquiry in 2001 was conducted by the Commonwealth into definitional issues relating to charitable, religious and community not-for-profit organisations. This inquiry along with the WA Charitable Collections Act 1946 assists in defining the term “charitable purpose”. Each definition appears to have its origin from the Charitable Uses Act 1601 and the House of Lords case of 1891 which define charitable purpose to include to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community.

Mere ownership of land by a charitable organisation does not in itself bring that land within the scope of Section 6.26(g). It is only where the use of the land is for a charitable purpose that the sub-section applies. Accordingly, land in private, as opposed to charitable ownership, could be exclusively used for a charitable purpose. This view was supported in the case of William Trustees v Inland Revenue Commissioners (1947) and also more recently where retirement villages are privately owned have been determined to meet the charitable purpose definition.

Legal opinion indicates that payment for services rendered or a profit motive by an institution does not deny that institution of charitable status for rating purposes, provided the profits do not accrue to an individual or non-charitable objects. However, if the charges function to exclude the element of public benefit, then this may be found to be inconsistent with the charity definition.

ETNTAC fits within the charitable purpose definition of “relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community”. It is common throughout WA local governments that charitable organisations that provide community services are exempt under Section 6.26(2)(g) of the Local Government Act 1995.

The use of the property as identified within ETNTAC’s application are as follows-

Office facilities for staff who work on various programs;
Meeting place with community and other stakeholders;
Base for ranger program; and
Storage of equipment and materials used in operations.

These uses are considered to be uses that are consistent with their charitable purpose and therefore meet the definition of “charitable use” under Section 6.26(2)(g).

It is therefore recommended that the Shire of Esperance grants a rates exemption to ETNTAC under Section 6.26(2)(g) of the Local Government Act 1995 for the property located at 11a Shelden Road, Esperance effective from the lease date of 1 April 2020.

Consultation

Information from the applicants has been received to determine recommendations based upon Case Law and general local government interpretation of the Local Government Act 1995.

Financial Implications

There are not adverse financial impacts to granting a rates exemption for this property as rates are currently not being charged as the previous owners, Activ, also had a rate exemption.

Asset Management Implications

Nil

Statutory Implications

Section 6.26(2)(g) of the Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2020/21 – 2024/25

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

Environmental Considerations

Nil

Attachments

a ⇩.	ETNTAC Request Letter
b ⇩.	Charitable Status

Officer’s Recommendation

That Council grant the rate exemptions under Section 6.26(2)(g) of the Local Government Act 1995 for 11a Shelden Road, to:

a. Esperance Tjaltjraak Native Title Aboriginal Corporation Esperance (Assessment 78345) effective from 1 May 2021 and

b. Activ Foundation from 1 April 2020 to 30 April 2021.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 227

Item: 12.4.2

Communications & Engagement Strategy 2021-2024

Author/s	Serena Shaddick	Manager Marketing & Communications
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/14988

Applicant

Internal

Location/Address

Not Applicable

Executive Summary

For Council to consider adopting the Communications & Engagement Strategy 2021-2024.

Recommendation in Brief

That Council adopt the Communications & Engagement Strategy 2021-2024.

Background

As instructed by Council and subsequent to CEO KPI’s, a Communications & Engagement Strategy for the Shire of Esperance has been developed - with the overarching aim of creating better communication linkages between the Shire and the community.

This Strategy has been created in-house by the Shire’s Marketing & Communications team. It was produced after researching current best practice methods, consultation with different stakeholders, conversations with various other local governments around Australia, in depth analysis of past community scorecard results, and two workshop feedback sessions with local elected Councilors.

Officer’s Comment

This strategy outlines the different service offerings and approaches the Shire of Esperance will take to ensure proactive and positive information sharing across all our audiences. It is a four year document, which will be reviewed annually to ensure the actions and goals remain relevant and contemporary in a rapidly changing communications environment.

The document highlights the Shire’s main organisational values along with core communication aims, and five key strategic communication goals. To help direct our specific engagement approaches, we’ve grouped ‘communications’ into 6 focus areas.

· Let’s Chat – Community Engagement

· Let’s Communicate – External Communications

· Let’s Promote – Marketing & Public Relations

· Let’s Connect – Digital & Online Communities

· Let’s Create – Graphic Design

· Let’s Inform – Media

To demonstrate that the Shire of Esperance are prioritising communicating and engaging with the community, measurable actions have been set and will be reviewed regularly to ensure there is continual organisational progress and improvement.

Option One:

That Council adopts the Communications & Engagement Strategy 2021-2024.

Option Two:

That Council request the CEO review and then re-present the Communications & Engagement Strategy 2021-2024 at a later date.

Consultation

33 various different local governments throughout Australia

Local Government Professionals (LG Pro) Communications Network Committee WA

Western Australian Local Government Association (WALGA)

Mary Bidstrup, Governance & Corporate Reporting Officer, Shire of Esperance

April 2021 Briefing Session with Council

January 2021 Workshop with Council

Financial Implications

The financial implications arising from this report are the possible allocation of funds towards the creation of a Shire Marketing & Branding Strategy before July 2022.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

The Community & Engagement Strategy 2021-2024 emanates from the Shire of Esperance’s Community Engagement Policy.

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

L1: Community confidence and trust in Council

Encourage community participation and insight into activities and decision

L4: Work together to enhance trust, participation and community pride

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

Corporate Business Plan 2020/21 – 2024/25

L3: Foster a culture of innovation

Develop an organization Marketing and Branding Strategy

L4: Actively engage and communicate with the community to ensure informed decision making Manage Media Relations

Develop Communications Plan

L1: Encourage community participation and insight into activities and decisions

Facilitate Councilors’ requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Communications & Engagement Strategy 2021 – 2024 (Under Separate Cover)

Officer’s Recommendation

That Council endorse the Communications & Engagement Strategy 2021-2024

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 241

Item: 13.2

External Audit Plan for the Year Ending June 2021

Author/s	Felicity Baxter	Director Corporate & Community Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/15048

Applicant

N/A

Location/Address

N/A

Executive Summary

Commencing this financial year, the office of the Office of the Auditor General has assumed control of the Shire’s external audits. They have appointed Moore Australia to conduct the audit on their behalf, with oversight from the Office of the Auditor General.

In October 2017, an amendment to the Local Government Act (Auditing) was passed giving the Auditor General the mandate to audit Local Governments in Western Australia. This provides the authority to the Auditor General to conduct performance audits of Local Government as well as a responsibility for the annual financial audits.

Recommendation in Brief

That Council acknowledges the Office of the Auditor General and Moore Australia as the Shire’s external auditors for the financial year 2021, and

That Council approves the Shire’s Auditor’s External Audit Strategy for the year ending 30 June 2021 as presented as a confidential attachment to the report.

Background

At the Audit Committee meeting on Tuesday the 4^th of May, the committee met with and acknowledged the Office of the Auditor General and Moore Australia as the Shire’s external auditor’s and endorsed the External Audit Strategy for the year ending 30 June 2021.

The Auditor’s examination of internal controls during the Interim Audit is designed primarily for the purpose of expressing an opinion on the financial statements of the Shire of Esperance. During this process, various checks and tests will be undertaken to ensure that the policies and procedures established by management and Council are adhered to.

Officer’s Comment

From a management perspective, there are no matters additional to those detailed in the Audit Strategy recommended for inclusion in the Plan. The audit Committee did not raise any additional matters for inclusion in the interim audit.

Option One

That Council approves the Shire’s Auditor’s External Audit Strategy for the year ending 30 June 2021.

Consultation

Office of the Auditor General

Moore Australia

Financial Implications

The financial implications arising from this report have been accommodated in the current Annual Budget.

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item includes:

Local Government Act 1995:

S7.1A – Audit committee

S7.1C – Decisions of audit committees

S7.9 – Audit to be conducted

S7.12A – Duties of local government with respect to audits

S7.12AA – provides for financial audits to be conducted by the auditor General.

Local Government Amendment (Auditing) Act 2017 – gives the auditor General the mandate to audit local governments in Western Australia.

Policy Implications

The Shire of Esperance Audit Committee duties and responsibilities as described in the Audit Committee Terms of reference include:

4. Recommend to Council the person or persons to be appointed as auditor

5. Develop and recommend to Council a written agreement for the appointment of the auditor.

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

Corporate Business Plan 2020/21 – 2024/25

L2 Provide responsible resource and planning management for now and the future

L2.6 Manage finance

Environmental Considerations

N/A

Attachments

a .

Audit Strategy Memorandum 2021 - Confidential

Committee Recommendation

That Council:

1. Acknowledges the Office of the Auditor General and Moore Australia as the Shire external auditors for the financial year 2021, and

2. Approves the Shire’s Auditor’s External Audit Strategy for the year ending 30 June 2021 as presented as a confidential attachment to the report.

Voting Requirement Simple Majority

Ordinary Council: Agenda

25 May 2021 Page 245

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

17. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.

Item: 17.1

Shire of Coolgardie Agreement

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)); and a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

Item: 17.2

Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)).

Item: 17.3

Application for Rates Exemption - Tijuk Foundation Pty Ltd

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(d)).

Item: 17.4

0356-21 - Design and Construction - Esperance Pump Track

Confidential Item

Item: 17.5

Lease Reassignment Jetty Headland Site 3 - Andrew Aston to Michael Sainty

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

Item: 17.6

Potential Purchase of Two Properties to Enable Parking Improvements

Confidential Item

Item: 17.7

0355-21 Prequalified Supplier Panel - Wild Dog Control

Confidential Item

Item: 17.8

0354-21 - Prequalified Supplier Panel - Professional Services

Confidential Item

Item: 17.9

0353-21 - Prequalified Supplier Panel - Traffic Management

Confidential Item

Item: 17.10

0352-21 - Prequalified Supplier Panel - Parks & Reserves Management

Confidential Item

Item: 17.11

0351-21 - Prequalified Supplier Panel - Workshop Services

Confidential Item

Item: 17.12

0350-21 - Prequalified Supplier Panel - Building Services

Confidential Item

Item: 17.13

0349-21 - Prequalified Supplier Panel - Plant Hire

Confidential Item

18. PUBLIC QUESTION TIME

19. CLOSURE

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

a ⇩.	Information Bulletin - April 2021
b ⇩.	Corporate Performance Report - April 2021 (Under Separate Cover)
c ⇩.	Delegations Discharge – Corporate Resources
d ⇩.	Congratulations Letter - Minister for Local Government; Heritage; Culture and the Arts