Minutes of Ordinary Council

25 May 2021 Page 6

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
25 May 2021.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.00pm and did an acknowledgement to country.

The Shire of Esperance acknowledges the Nyungar and Ngadju people who are the Traditional Custodians of this land and their continuing connection to land, waters and community. We pay our respects to Elders past, present and emerging and we extend that respect to other aboriginal Australians today.

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

2. ATTENDANCE

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 W Graham Rural Ward

Vacant Town Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mrs 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

Cr D Piercey, JP Town Ward Granted Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Graham

Seconded: Cr McMullen

O0521-134

That Council accept the following leave of absence:

Cr Piercey 23 May until 28 May 2021

Cr Obourne 26 May until 31 May 2021

Cr McMullen 6 June until 22 June 2021

Cr O’Donnell 9 June until 13 June 2021

Cr Chambers 27 May until 6 June 2021

Cr Parker 30 May until 6 June 2021

CARRIED

F7 - A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Cr Mickel advised the meeting will be video recorded. The recording will be made publicly available as soon as practical following the meeting.

6. DECLARATION OF MEMBERS INTERESTS

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

Cr McMullen declared a financial interest in item 12.1.1 as he is the owner of a recreational gym.

Cr McMullen declared a financial interest in item 12.3.3 as he is the owner of a recreational gym.

Mr Burge declared a financial interest in item 12.1.1 as his wife is employed at the Bay of Isles Leisure Centre.

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

Cr McMullen declared a proximity interest in item 12.2.1 as he is a co-owner of Witches Brew Drive Thru Coffee.

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Graham declared an impartiality interest in item 12.3.7 as he is a member of the Rotary Club of Esperance Bay.

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Community Perception Survey

Dr Nieukerke questioned how the Shire has shared the findings from the Community Perception Survey to the Community.

Mr Burge responded that the Shire released a media release, discussed the findings with external media outlets and also included information within Shire newsletters.

Dr Nieukerke questioned if Shire staff and Council were briefed on the findings from the Community Perception Survey by the consultant.

Cr Mickel responded that yes, Council and Staff were briefed on the results.

Dr Nieukerke questioned if the Community could get a similar briefing in the future to get a better understanding of the survey and the new categories included within.

Cr Mickel responded that the process followed, was the regular process, however could consider a community briefing in the future. Cr Mickel also explained there are several new categories which means there are no measurements or benchmarking for these categories yet.

Cr Mickel stated that the results from the Community Perception Survey were positive and congratulated staff for their efforts over the past two (2) years.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr Chambers

Seconded: Cr Parker

O0521-135

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

CARRIED

F7 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

17 May Attended meeting with members of DBCA regarding Proposed Coastal Marine Park

18 May Attended meeting with Senators Ben Small & Slade Brockman

18 May Attended Reception to farewell former Councillor Payne

19 May Attended Local Emergency Management Committee Meeting

19 May Attended ECCI - Business After Hours event co-hosted by Rick Wilson MP & Esperance Funeral Services

Cr Obourne

1 May Attended launch of Tidy Towns Sustainable Communities Event

3 May Attended Senior Citizens Board Meeting

6 May Attended Social Pinpoint Session

7 May Site Tour regarding Lost at Sea Memorial

9 May Facilitated James Street Cultural Precinct Consultation at the Museum Village Markets

18 May Attended meeting with Senators Ben Small & Slade Brockman

19 May Attended ECCI - Business After Hours event co-hosted by Rick Wilson MP & Esperance Funeral Services

20 May Constituent Meeting Dempster Street Roundabout

21 May Constituent Meeting regarding BOILC

23 May Constituent Meeting regarding Waste Management Facility

24 May Attended Senior Citizens Board Meeting

Cr O’Donnell

1 May Attended launch of Tidy Towns Sustainable Communities Event

18 May Attended Meeting with Senators Ben Small & Slade Brockman

18 May Attended Farewell Reception for Shelley Payne

19 May Attended ECCI Business After Hours co-Hosted by Rick Wilson MP & Esperance Funeral Services

20 May Attended Cannery Arts Centre to watch 2040 directed by Damon Gameau. Hosted by What’s Your Esperance 2040

Cr Parker

19 May Attended Port Consultative Committee Meeting

Cr McMullen

18 May Attended Meeting with Senators Ben Small & Slade Brockman

18 May Attended Farewell Reception for Shelley Payne

19 May Interview with ABC Radio regarding Esperance Dog Park Proposal

Cr Mickel

28 April Attended meeting with representatives of Dept of Communities from Regional and Esperance Offices

30 April Attended site tour and briefing at Esperance Care Services

1 May Attended opening of Junior Netball Season

1 May Attended launch of Tidy Towns Sustainable Communities Event

3 May Attended meeting with Shadow Federal Minister, Mr Patrick Gorman MHR and Mr Josh Wilson MHR

7 May Attended meeting with Ian Gardner, CEO of BOICO regarding Establishment of United

7 May Site Tour regarding Lost at Sea Memorial

17 May Attended meeting with members of DBCA regarding Proposed Coastal Marine Park

18 May Attended Meeting with Senators Ben Small & Slade Brockman

18 May Attended Reception to farewell former Councillor Payne

19 May Attended meeting with Rick Wilson MHR and Mitch Capelli regarding shark safety mitigation

19 May Attended community meeting in Munglinup regarding poor mobile phone service and reduced school bus service

19 May Attended the Volunteer Gala Dinner

20 May Attended meeting with Peter Rundle MLA regarding current issues

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

RECOMMENDATION AND DECISION

Cr McMullen & Mr Burge declared their financial interests and left the Chamber at 4.15pm.

Moved: Cr Chambers

Seconded: Cr Parker

O0521-136

Council Resolution

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.

CARRIED

F6 - A0

Cr McMullen & Mr Burge returned to the Chamber at 4.17pm.

Ordinary Council: Minutes

25 May 2021 Page 25

Item: 12.1.2

Application for Development Approval - Increased Number of Weddings - 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

P388#yIS1

Executive Summary

That Council consider Development Application 10.2021.4626.1 for an increased number of weddings 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 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)

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr McMullen

O0521-137

Council Resolution

That Council refuse Development Application 10.2021.4626.1 for an increased number of weddings 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.

CARRIED

F7 - A0

Mr Hindley left the Chamber at 4:20pm and did not return.

Ordinary Council: Minutes

25 May 2021 Page 42

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

RECOMMENDATION AND DECISION

Moved: Cr Parker

Seconded: Cr Chambers

O0521-138

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.

Council Resolution

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 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 Transfer Station.

CARRIED

F7 - A0

Reason: Council wanted to amend the title of the site.

Ordinary Council: Minutes

25 May 2021 Page 48

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

P759#yIS1

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

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr Chambers

O0521-139

Council Resolution

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.

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 59

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

P898#yIS1

Proposed treatment area

P900#yIS1

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)

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

RECOMMENDATION AND DECISION

Cr McMullen declared his proximity interest and left the Chamber at 4:26pm.

MOTION

Moved: Cr Parker

Seconded: Cr Chambers

Offices 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 Forest Street area.

AMENDMENT

Moved: Cr Obourne

Seconded: Cr O’Donnell

That Council include in dot point two of the Officers Recommendation “and present the report to Council at the December Ordinary Council Meeting”.

CARRIED

F6 – A0

The amendment became the substantive motion…

O0521-140

Council Resolution

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 to consult with key stakeholders and surrounding businesses to investigate future verge development options in the broader Forest Street area and present the report to Council at the December Ordinary Council Meeting.

CARRIED

F6 - A0

Reason: Council wanted to view the findings from the investigation at the December Ordinary Council Meeting.

Cr McMullen returned to the Chamber at 4:34pm.

P1047#yIS1

Ordinary Council: Minutes

25 May 2021 Page 65

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

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr Chambers

O0521-141

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.

Council Resolution

That Council:

1. Note the information provided on the Andrew Street and Dempster Street Roundabout which includes the traffic movement study and formal assessment on traffic flow.

2. Request the CEO to provide a report on the number of recorded accidents since commissioning, the severity and if anyone needed transferring to hospital, when the information becomes available.

3. Request the Streetscape Advisory Committee to conduct community consultation on the Andrew Street & Dempster Street Roundabout functionality and landscaping and provide recommendations to Council at the August Ordinary Council Meeting.

CARRIED

F7 - A0

Reason: Council wanted to directly respond to the request from the 2021 Annual Electors Meeting and give the opportunity to gather community input.

Ordinary Council: Minutes

25 May 2021 Page 73

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

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr Graham

O0521-142

Council Resolution

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 Chambers
Tourism Esperance (Deputy Ex Officio)	Cr O’Donnell
Roadwise Committee	WA Police PC Mack Johnstone Sgt Ryan Devine (Deputy) WALGA Engel Prendergast

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 129

Item: 12.3.3

Schedule Fees and Charges 2021/2022

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

File Ref: D21/14745

Applicant

Corporate & Community Services

Location/Address

Internal

Executive Summary

For Council to consider the draft Schedule of Fees and Charges for 2021/2022 and include them in the 2021/2022 draft budget.

Recommendation in Brief

That Council endorse the attached draft Schedule of Fees and Charges to be included in the 2021/2022 budget adoption process.

Background

Similar to previous years a draft copy of the fees and charges is presented to Council prior to draft budget for review and consideration. Council considered this proposed Schedule of Fees and Charges at a Councillor Workshop on Tuesday 4^th of May.

The fees and charges, as presented, will be the basis used to determine the revenue estimates for fees and charges in the draft 2021/2022 budget. Fees and charges that are new or have been varied since the 2020/2021 budget have a diamond indicator for easy identification to the right of the fee.

Officer’s Comment

Some fees are set by regulatory bodies such as the Builders Registration Board, or by other regulations and acts. The Schedule of Fees and Charges document contains a column named Statutory Fee Indicator. This identifies if the fee is set by a regulatory body.

A Pricing Policy has been included at the front of the Schedule of Fees and Charges. It outlines the Pricing Principles used as a guide to determine the fees and charges each year.

Usually the fees increase in line with the Long Term Financial Plan and has been approximately 3% for the past number of years. However due to the impact of COVID-19 on community groups, businesses and ratepayers Council resolved to not increase Fees and Charges for 2020/2021. In light of this the fees and charges proposed for 2021/2022 that have an increase, have increased generally by 2%. Some fees and charges have remained the same as the previous year.

It is proposed that the fees will be adopted formally by Council and come into force with the adoption of the budget. An endorsement of the fees prior to the budget adoption will allow staff to inform people or organisations who may be affected by any changes prior to their implementation. Bay of Isles Leisure Centre and Sporting Complexes fees will be effective from 1 September as this allows officers time to inform members/clubs, change brochures and direct debit set-ups.

Consultation

Internal consultation with each Department was undertaken in relation to this item.

Financial Implications

Within the 2020/2021 budget, fees and charges constituted $7.6m or 19% of the Shire’s operating revenue for the year.

Asset Management Implications

Nil

Statutory Implications

Section 6.16 of the Local Government Act 1995 provides authority for local governments to impose fees and charges when adopting the annual budget.

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 ⇩.

Schedule of Fees and Charges 2021/2022 - Draft

RECOMMENDATION AND DECISION

Cr McMullen declared his financial interest and left the Chamber at 4:44pm.

Moved: Cr Graham

Seconded: Cr O'Donnell

O0521-144

Officer’s Recommendation

That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2021/2022 budget adoption.

Council Resolution

That Council endorse the attached Draft Schedule of Fees and Charges in relation to the Bay of Isle Leisure Centre to be included within the 2021/2022 budget adoption.

CARRIED

F6 - A0

Reason: Council wanted to consider the Bay of Isle Leisure Centre Fees & Charges separately.

Cr McMullen returned to the Chamber at 4:53pm.

Motion

Moved: Cr Chambers

Seconded: Cr Parker

O0521-145

Council Resolution

That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2021/2022 budget adoption.

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 168

Item: 12.3.4

Behaviour Complaints Policy

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

File Ref: D21/14817

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider adopting the Behaviour Complaints Policy.

Recommendation in Brief

That Council adopt the Behaviour Complaints Policy.

Background

In February 2021, the Local Government (Model Code of Conduct) Regulations 2021 were introduced which repealed the Local Government (Rules of Conduct) Regulations 2007.

In March 2021, the Shire adopted a Code of Conduct for Council Members, Committee Members and Candidates in accordance with requirements of these new Regulations.

Officer’s Comment

Division 3 of the Regulations includes provisions for managing behaviour complaints, however following advice from WALGA it has been determined that a policy should be developed as allowed for in r.15(2).

The attached policy has been developed using the WALGA template, and advice provided through the Executive Management Team. This policy provides a clear and in depth process for how behaviour complaints will be handled at the Shire of Esperance.

The attached behaviour complaint form has also been developed in accordance with the template available from WALGA and is set out to capture all relevant information that the behaviour complaint officer will require in order to review a complaint. It has been determined that inclusion of a statutory declaration form to accompany the complaint form will assist to ensure that only valid complaints are lodged.

In accordance with r.11(3), Council is also required to appoint a behaviour complaints officer. Following discussion with the Executive Management Team, the Director Corporate and Community Services has been identified as the suitable officer to be appointed for this purpose.

Consultation

WALGA

Executive Management Team

Financial Implications

Only cost related to this policy will be in the event an external party is engaged to resolve a complaint that has been lodged.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.5.103

Local Government (Model Code of Conduct) Regulations 2021 – r.11(3) and r.15(2)

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

Corporate Business Plan 2020/21 – 2024/25

Facilitate Councillors’ requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Code of Conduct Behaviour Complaints Management Policy

RECOMMENDATION AND DECISION

Moved: Cr O'Donnell

Seconded: Cr Parker

O0521-146

Council Resolution

That Council;

1. Adopt the Code of Conduct Behaviour Complaints Management Policy; and

2. Authorise the Director Corporate and Community Services to be the Behaviour Complaints Officer for the Shire of Esperance.

CARRIED

F7 - A0

Ordinary Council: Minutes

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

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr Obourne

O0521-147

Council Resolution

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

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 200

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

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr O'Donnell

O0521-148

Council Resolution

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.

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 210

Item: 12.3.7

Lease Area Adjustment - Rotary Club

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

File Ref: D21/15118

Applicant

Rotary Club of Esperance Inc

Location/Address

Portion Lot 501 (26) Effie Turner Drive Chadwick.

P1950#yIS1

Executive Summary

For Council to consider amending the lease area for the Rotary Club of Esperance Inc for portion of Lot 501 Effie Turner Drive, Chadwick.

Recommendation in Brief

That Council amend the lease area for the Rotary Club of Esperance Inc for portion of Lot 501 Effie Turner Drive, Chadwick.

Background

The current lease with the Rotary Club of Esperance Inc has been in place since April 2009. The premises is used by the Club as a clubrooms and also to house their items including their food van and carousel along with various items from other community groups in Esperance.

The Club has requested to expand their lease area to capture an area to the north of the building where the building’s leach drains are located and an area to the east to allow for potential extensions to their current building in future. The adjusted plan is available in the Attachment to this report.

Officer’s Comment

Discussion with officers has not identified any concerns with this proposal being approved, although it was noted that the Rotary would need to submit relevant planning/building applications for any extensions that are proposed on the site in future.

The Esperance Men in Sheds group has been contacted with regard to the proposal as their lease area is adjacent to the Rotary’s lease area. Men in Sheds have advised that they have no concerns with the Rotary’s lease area being extended.

Consultation

Manager Strategic Planning and Land Projects

Manager Asset Planning

Coordinator Environmental Health

Coordinator Building Services

Compliance Officer

Rotary Club of Esperance Inc

Esperance Men in Sheds

Financial Implications

Lease variation fee of $215 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s3.58 Disposing of Property

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth and Prosperity

Esperance is seen as a destination of choice to live and work

Promote the Esperance lifestyle using environmental, built, cultural and social assets

Corporate Business Plan 2020/21 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Request for Lease Area Extension - Rotary Club

RECOMMENDATION AND DECISION

Moved: Cr Parker

Seconded: Cr Graham

O0521-149

Council Resolution

That Council, subject to Department of Lands’ approval;

1. Extend the lease area for the Rotary Club of Esperance Inc lease for portion of Lot 501 Effie Turner Drive as shown in the Attachment to this report; and

2. Lease variation fee of $210 Inc GST being payable.

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 229

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

RECOMMENDATION AND DECISION

Moved: Cr Parker

Seconded: Cr Obourne

O0521-151

Council Resolution

That Council endorse the Communications & Engagement Strategy 2021-2024

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 246

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

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr McMullen

O0521-153

Council Resolution

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.

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 249

Item: 13.3

IT Disaster Recovery Plan

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

File Ref: D21/15050

Applicant

Internal

Location/Address

N/A

Executive Summary

At the Audit Committee on Tuesday 4^th of May the Audit Committee reviewed and endorsed the IT Disaster Recovery Plan, without modification.

Recommendation in Brief

That Council adopt the attached IT Disaster Recovery Plan.

Background

The principal objective of the IT Disaster Recovery Plan is to develop, test and document a well-structured and easily understood plan that will help the Shire of Esperance recover as quickly and effectively as possible from an unforeseen disaster or emergency, which interrupts information systems, causing disruption of business operations. Additional objectives include the following:

· The need to ensure that all employees fully understand their duties in implementing such a plan

· The need to ensure that operational policies are adhered to within all planned activities

· The need to ensure that proposed contingency arrangements are cost-effective

· The need to consider implications on other Shire of Esperance office locations

Officer’s Comment

The world is unpredictable, and a major incident may result in damage or breaches to the Shire’s information systems and data. The aim of this plan is to enable agile response if a major incident should occur and create a plan to restore the Shire’s data if it is lost. Not having a disaster recovery plan in place can put the organisation at risk of high financial costs, reputation loss and even risks for the data we hold about property owners and customers.

This plan would not operate necessarily in isolation. If a major incident was to occur, it may invoke the activation of the Incident Management Team (IMT) by the CEO. The IMT would then be responsible for the management of the incident recovery, including to what extent the IT Disaster Recovery Plan is required.

Consultation

Asset Management

Financial Implications

One of the aims of this plan is to mitigate potential financial loss which may occur if a major incident transpired.

Asset Management Implications

Consultation with the Asset Management team for storage and protection of back up data locations.

Statutory Implications

Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

An organisational and community culture that encourages innovation and embraces change

Foster a culture of innovation

Corporate Business Plan 2020/21 – 2024/25

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

L2.10 – Manage information technology

Environmental Considerations

Nil

Attachments

IT Disaster Recovery Plan - Confidential

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr O'Donnell

O0521-154

Council Resolution

That Council adopt the attached IT Disaster Recovery Plan.

CARRIED

F7 - A0

Ordinary Council: Minutes

25 May 2021 Page 252

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

1. Cr Obourne – Live Streaming

Cr Obourne questioned when live streaming will commence.

Mr Burge confirmed live streaming will occur when the recording process is seamless. There is currently still some audio issues due to not all microphones being used.

16. Urgent Business Approved by Decision

Nil

Dr k Nieukerke and Mrs L Saunders left the chamber at 5:14pm and did not return.

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr Graham

Seconded: Cr Chambers

O0521-155

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

17.1 Shire of Coolgardie Agreement

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)).

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

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)).

17.3 Application for Rates Exemption - Tijuk Foundation Pty Ltd

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)).

17.4 0356-21 - Design and Construction - Esperance Pump Track

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

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

17.6 Potential Purchase of Two Properties to Enable Parking Improvements

17.7 0355-21 Prequalified Supplier Panel - Wild Dog Control

17.8 0354-21 - Prequalified Supplier Panel - Professional Services

17.9 0353-21 - Prequalified Supplier Panel - Traffic Management

17.10 0352-21 - Prequalified Supplier Panel - Parks & Reserves Management

17.11 0351-21 - Prequalified Supplier Panel - Workshop Services

17.12 0350-21 - Prequalified Supplier Panel - Building Services

17.13 0349-21 - Prequalified Supplier Panel - Plant Hire

CARRIED

F7 - A0

17.1 Shire of Coolgardie Agreement

Moved: Cr Parker

Seconded: Cr Graham

O0521-156

Council Resolution

That Council:

1. Approve the attached agreement between the Shire of Coolgardie and the Shire of Esperance for the delivery of waste to the Coolgardie Landfill Facility; and

2. Authorise the Shire President and the Chief Executive Officer to sign and affix the common seal in accordance with part 20.1 (2) of the Standing Orders Local Law to the attached agreement between the Shire of Coolgardie and the Shire of Esperance.

CARRIED

F7 - A0

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

Moved: Cr Obourne

Seconded: Cr O'Donnell

O0521-157

Council Resolution

That Council provides a payment, in lieu of the retention allowance, to eligible employees who have worked at Esperance Home Care during 2020/21 as outlined below;

1. A one off cash payment equal to $1.50 per hour worked during the 2020/21 financial year for Level 2-6 direct care workers.

2. A one off cash payment equal to $1.00 per hour worked during the 2020/21 financial year for Level 4-11 Administration Officers and Supervisors.

CARRIED

F7 - A0

17.3 Application for Rates Exemption - Tijuk Foundation Pty Ltd

Moved: Cr O'Donnell

Seconded: Cr Obourne

O0521-158

Council Resolution

That Council grant a rate exemption under Section 6.46(2)(g) of the Local Government Act (1995) to Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) and its wholly owned subsidiary being Tijuk Foundation Pty Ltd for the following properties that are held exclusively for charitable purposes –

· Lot 525 Thompson Street, Sinclair

· Lot 300 Princess Street, Pink Lake

· Lot 57 Dunn Street, Salmon Gums

· Lot 73 Dunn Street, Salmon Gums

CARRIED

F6 – A1

(Against Cr Parker)

17.4 0356-21 - Design and Construction - Esperance Pump Track

Moved: Cr Chambers

Seconded: Cr Parker

O0521-159

Council Resolution

That the Council awards the Request for Tender 0356-21 Design and Construct Esperance Pump Track to Common Ground Trails Pty Ltd as per the lump sum price.

CARRIED

F7 - A0

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

Moved: Cr Chambers

Seconded: Cr Obourne

O0521-160

Council Resolution

That Council, subject to Department of Land’s approval;

1. Reassign the lease with Andrew Aston for Jetty Headland Site 3, portion of Lot 991 The Esplanade Esperance to Michael Sainty; and

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

CARRIED

F7 - A0

17.6 Potential Purchase of Two Properties to Enable Parking Improvements

Moved: Cr Obourne

Seconded: Cr McMullen

O0521-161

That Council:

1. Request the CEO to proceed as per Option 2 contained within the Officers Comment; and

2. Approve to fund the purchase from the Land Development Reserve.

CARRIED

F7 - A0

EN BLOC

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-162

That Council adopt the Officers Recommendations for the following items:

17.7 0355-21 Prequalified Supplier Panel - Wild Dog Control

17.8 0354-21 - Prequalified Supplier Panel - Professional Services

17.9 0353-21 - Prequalified Supplier Panel - Traffic Management

17.10 0352-21 - Prequalified Supplier Panel - Parks & Reserves Management

17.11 0351-21 - Prequalified Supplier Panel - Workshop Services

17.12 0350-21 - Prequalified Supplier Panel - Building Services

17.13 0349-21 - Prequalified Supplier Panel - Plant Hire

CARRIED

F7 - A0

17.7 0355-21 Prequalified Supplier Panel - Wild Dog Control

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-163

That Council

1. Accept the following applicants for appointment to 0355-21 Prequalified Supplier Panel – Wild Dog Control as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. GP Hobson & H Hobson

ii. Key Pest & Weed Control

iii. Mobile Windmill Service and Maintenance

iv. GME Project Services

2. Advise all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2021/22 financial year.

CARRIED

F7 - A0

17.8 0354-21 - Prequalified Supplier Panel - Professional Services

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-164

That Council

1. Accept the following applicants for appointment to 0354-21 Prequalified Supplier Panel – Professional Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. Aurora Environmental

ii. Bluemar Pty Ltd

iii. Brook & Marsh

iv. GHEMS Holdings Pty Ltd

v. Graham Gath Surveys

vi. Tilo Massenbauer

vii. Triplre K Projects T/A Bio Divers Solutions

viii. Wells Building Designers and Consultants

CARRIED

F7 - A0

17.9 0353-21 - Prequalified Supplier Panel - Traffic Management

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-165

That Council

1. Accept the following applicants for appointment to 0353-21 Prequalified Supplier Panel – Traffic Management as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. Jacka Trenching & Fencing

2. Advise the Applicant in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2021/22 financial year.

CARRIED

F7 - A0

17.10 0352-21 - Prequalified Supplier Panel - Parks & Reserves Management

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-166

That Council

1. Accept the following applicants for appointment to 0352-21 Prequalified Supplier Panel – Parks & Reserves as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. Ballantyne Earthmoving

ii. Esperance Tjaltjraak Services Pty Ltd

iii. Esperance Tree Lopping

iv. Esperance Turf & Landscape

v. GHEMS Holdings

vi. Key Pest & Weed Control

vii. TD Contractors

viii. The Weed Terminator

ix. Titan Contracting Australia Pty Ltd

x. CPC Ravensthorpe

xi. Esperance Farmlet Services

CARRIED

F7 - A0

17.11 0351-21 - Prequalified Supplier Panel - Workshop Services

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-167

That Council

1. Accept the following applicants for appointment to 0351-21 Prequalified Supplier Panel – Workshop Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. GMN Mechanical

ii. Southern Suspension & 4x4 Centre

iii. K-Mec Services

CARRIED

F7 - A0

17.12 0350-21 - Prequalified Supplier Panel - Building Services

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-168

That Council

1. Accept the following applicants for appointment to 0350-21 Prequalified Supplier Panel – Building Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. ARA9 Mile Test & Tag

ii. Ambreez Pty Ltd Esperance Fire Services

iii. Bay of Isles Mini Excavators

iv. Bills Doors & Servicing

v. Blumar Pty Ltd

vi. Close Solutions Pty Ltd T/A South East Fire and Safety

vii. CPC Engineering

viii. DJ & DP Coles

ix. Dunn’s Cleaning Service Pty Ltd

x. Esperance Cabinets

xi. Esperance Electrical Service

xii. Esperance Tjaltjraak Services Pty Ltd

xiii. G & J Wilson Plumbing and Gas Service

xiv. Greg Horan Construction Pty Ltd

xv. Key Pest & Weed Control

xvi. South Coast Test and Tag

CARRIED

F7 - A0

17.13 0349-21 - Prequalified Supplier Panel - Plant Hire

Moved: Cr McMullen

Seconded: Cr Chambers

O0521-169

1. Accept the following applicants for appointment to 0349-21 Prequalified Supplier Panel – Plant Hire as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System

i. Ballantyne Earthmoving

ii. Coats Hire Operations Pty Ltd

iii. Esperance Earthworks Pty Ltd

iv. Beachwind Enterprises TA Larmour Earthmoving

v. Stabilised Pavements of Australia Pty Ltd

vi. TD Contractors

vii. WJ & V Easton

viii. AF & SP Ridgway

ix. Murrpar Pty Ltd T/A MLP Civil

CARRIED

F7 - A0

Coming from behind closed doors

Moved: Cr Obourne

Seconded: Cr Parker

O0521-170

That the meeting come from behind closed doors.

CARRIED

F7 - A0

18. PUBLIC QUESTION TIME

Nil

19. CLOSURE

The President declared the meeting closed at 5.34pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

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

Dated_____________________

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

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