Minutes of Ordinary Council

22 June 2021 Page 5

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
22 June 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 J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Vacant Town Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Ms 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

Ms S Shaddick Manager Marketing & Communications (entered at 5.24pm)

Members of the Public & Press

Dr K Nieukerke Observer

Mr K Mills Item 7

Mr T Carmody Item 7

Mr T Gray Item 12.2.1

Ms E Smith Media

Mr T McCracken Media

Mr B Stevens Observer (entered at 4.26pm)

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr S McMullen Town Ward

4. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Mickel declared an impartiality interest in item 12.4.1 as he is a life member of the Western Australian Local Government Association.

Mr Burge declared an impartiality interest in item 12.3.4 as he is a member of the Esperance Golf Club.

7. PUBLIC QUESTION TIME

1. Mr T Carmody – Cascade - Lake King Road

Mr Carmody raised a number of questions which were provided in writing to Shire Councillors.

Mr Carmody questioned what is meant by “5 Tonne Load Limit”. Does this mean a vehicle > 5 tonne is not permitted and does it mean a load of 5 tonne per axle, or does it mean a vehicle with a GCM of > 5 tonne is not permitted?

Mr Walker responded that the 5 tonne load limit is for any vehicle over 5 tonne in mass, without a permit.

Mr Carmody stated all non-permitted vehicles (ie single trailer semi) are permitted to travel on the Cascade - Lake King road.

Mr Walker responded no, any vehicle over 5 tonne in mass is not permitted, without a permit.

Mr Carmody stated that all permitted vehicles are not permitted, this includes oversize, farm machines be driven or carted and questioned if this statement is correct.

Mr Walker responded no, any vehicle over 5 tonne in mass is not permitted, without a permit.

Mr Carmody stated that it was noted by a transporter carting gypsum from Lake Tay that 41 oversize vehicles were observed on the road in the early part of 2021 and questioned if the Shire enforces the 5 tonne limit?

Mr Walker responded that the Shire has issued permits for oversize farm machinery to use this section of road between farming properties, given the safety of slow moving oversize loads and distance they would have to travel via the South Coast Hwy and Newdegate-Ravensthorpe road.

Mr Carmody stated there have been no infringement notices served regarding the 5 tonne limit, and questioned if his statement is correct?

Mr Walker responded the load limit is placed under the Road Traffic Code 2000 and enforced by the police and Main Roads WA heavy vehicle services, this is not enforced by the Shire.

Mr Carmody raised concerns relating to the implication of insurance. Mr Carmody stated, he was informed by a Shire employee that all insurance is null and void if any of the limitations are not observed. Mr Carmody questioned if Council can please remove the signage.

Mr Walker responded the Shire cannot remove the signage as the load limit is in place due to the road not being able to sustain traffic over 5 tonne without significant costs involved, which is not budgeted for.

Mr Carmody questioned if the above responses means all utilities are not allowed to travel along Cascade - Lake King road.

Mr Walker responded no, utilities are allowed to travel along the road as long as they are below the 5 tonne load limit.

Mr Carmody questioned if every ute using that road that has a capacity of gross vehicle mass isn’t allowed to travel along Cascade - Lake King road.

Mr Walker responded that the gross vehicle mass doesn’t matter as long as the whole vehicle is less than 5 tonne when travelling along that road. Mr Walker stated if a vehicle is unloaded and doesn’t exceed the 5 tonne load limit, it can travel along the road.

Mr Carmody questioned if all tractors, harvesters, field bins and oversized loads coming down Cascade - Lake King road are illegal.

Mr Walker responded that the Shire understands oversize harvesters and machinery transiting between two farms are using the Cascade - Lake King road as it’s shorter than taking the alternative South Coast Hwy and Newdegate-Ravensthorpe Road. Mr Walker stated the Shire also understands the safety factors of taking oversize vehicles along the Cascade - Lake King road as it is dangerous. Given these reasons the Shire has put a permit process in place and has been approving permits for vehicles to travel down Cascade - Lake King Road, unloaded and above the 5 tonne load limit to transit between two properties.

Mr T Gray – CCTV Policy

Mr Gray questioned if the Memorandum of Understanding (MOU) between the Shire of Esperance and the WA Police has been executed.

Mr Burge responded no, the MOU has not been executed yet.

Mr Gray questioned if the Shire knows when the MOU will be executed.

Mr Burge responded that the Shire expects it will be executive within the next few weeks.

Mr Gray stated that Council should defer item 12.2.1 CCTV Policy, given the incomplete nature without the MOU. Mr Gray suggested Council defer the item until a specific future date has been set for the execution of the MOU, so that a completed policy document can be considered by Council.

Cr Mickel responded that Councillors can take his statement into consideration when dealing with item 12.2.1 CCTV Policy.

Mr Gray questioned why would Council be considering a policy document that is incomplete.

Cr Mickel referred back to his previous response and thanked Mr Gray for his questions.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr O’Donnell

Seconded: Cr Chambers

O0621-137

Council Resolution

That the Minutes of the Ordinary Council Meeting of the 25 May 2021 be confirmed as a true and correct record.

CARRIED

F7 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

8 Jun Attended Meeting with Hon. Don Punch MLA Minister for Fisheries, Disability Services, Innovation & ICT, Seniors & Aging and Deputy Director General Heather Brayford regarding past fatal shark attacks

Cr Obourne

Cr O’Donnell

24 May Visited Esperance Home Care and delivered Meals on Wheels

24 May Attended GSG Redevelopment Workshop

27 May Attended Cancer Council, The Biggest Morning Tea

27 May Attended ECCI, Shaping Our Future Forum

28 May Attended ECCI, Business Brekkie Bytes

30 May Attended Civic Centre 40^th Birthday Celebrations

1 Jun Attended the viewing of In My Blood It Runs at the Civic Centre

4 Jun Attended Reconciliation Week Sundowner

10 Jun Attended a one day Effective Community Leadership Training Course at WALGA

Cr Parker

Cr Graham

27 May Attended ECCI, Shaping Our Future Forum

Cr McMullen

30 May Attended Civic Centre 40^th Birthday Celebrations

Cr Piercey

8 Jun Attended Cannery Arts Centre AGM

Cr Mickel

30 May Attended Civic Centre 40^th Birthday Celebrations

3 Jun Attended Reconciliation Week function at the Whale Tail organised by Hope Community

3 Jun Attended a site visit at the Esperance Motocross Club with President Mick Liebig regarding the club facilities and future plans

4 Jun Attended the “Esperance Weekender” launch and helped officially open their office by cutting the ribbon

4 Jun Attended Reconciliation Week Sundowner

9 Jun Attended the Horizon Power community information evening at the Yacht Club.

15 Jun Centre Care upper management

15 Jun Chaired the Business Roundtable meeting with ECCI and GEDC

16 Jun Met with representative of Esperance Gas Distribution Network regarding the future of low pressure gas distribution in Esperance

16 Jun Attended the Shark Science Forum held at Lucky Bay Brewing

17 Jun Attended Zoom meeting with RCWA

17 Jun Attended a meeting of AG Connect at Scaddan

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Local Planning Policy - Blue Haven and Second Beach Development

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Mel Ammon	Acting Director External Services

File Ref: D21/16958

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider preparing the proposed Local Planning Policy – Blue Haven and Second Beach Development (Attachment A).

Recommendation in Brief

That Council in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) prepare the Local Planning Policy – Blue Haven and Second Beach Development as contained in Attachment A.

Background

The Blue Haven and Second Beach area are located within a Special Control Area (SCA 7) which provides a range of development requirements. This Local Planning Policy is being prepared to provide a consistent approach in how the Scheme provisions are interpreted within the area known as the Blue Haven Second Beach Development Area.

Officer’s Comment

The draft Local Planning Policy – Blue Haven and Second Beach Development is presented to Council for the purposes of seeking public comment as per Clause 4.(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Clause 4.(1) of the Deemed Provisions requires the local government to resolve to prepare a local planning policy before it can be advertised.

Consultation

A briefing session was held on the 25 May 2021 where the draft Local Planning Policy was discussed.

As this policy is being prepared under Clause 4.(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2 it will need to be advertised not less than 21 days.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2

Planning and Development Act 2005

Policy Implications

This item relates to policy development.

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Clauses 3(5) and 67 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Corporate Business Plan 2020/21 – 2024/25

Built Environment

B3.3 Update and Implement Local Planning Scheme and Policies

Environmental Considerations

Nil

Attachments

a ⇩.

Local Planning Policy – Blue Haven and Second Beach Development

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr O'Donnell

O0621-138

Council Resolution

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 15

(i) Policy Name:	LOCAL PLANNING POLICY: BLUE HAVEN SECOND BEACH DEVELOPMENT
Objective:	To provide a framework for the approval of development in the Blue Haven Second Beach Development Area shown as SCA7 in Local Planning Scheme No. 24.
Key Words:	Blue Haven, Second Beach, Development
Statutory Compliance:	· Local Planning Scheme No. 24 · Residential Design Codes

1. Aim

(i) To provide development control within the area known as the Blue Haven Second Beach Development Area.

2. Scope

(i) This Local Planning Policy applies in the area shown as SCA7 on the Local Planning Scheme No. 24 Scheme Map.

3. Policy Provision

3.1 Visual

(i) No development will be permitted which, in the opinion of the local government, will be likely to endanger the visual amenity of Twilight Beach Road and the coastal views as seen from any lot or public place, and the ocean.

3.2 Setbacks

(i) Setbacks are to be in accordance with the provisions of SCA7.

(ii) Where a range of setbacks is provided any proposal for development at less than the higher setback will be referred to the adjoining landowner for comment in accordance with Clause 64 of the Deemed Provisions.

3.3 Amenity

(i) The local government will expect any residential development, sheds or outbuildings to be constructed of materials that will not be intrusive or draw attention.

(ii) The use of reflective material is not supported unless adequately screened from public view and adjoin properties by a dwelling or an alternative acceptable screen.

3.4 Clearing

(i) No land shall be cleared, (other than for construction of buildings) without the prior permission of the local government in accordance with Part 7 of the Deemed Provisions. An application for such permission shall include a statement as to the measures that will be taken to prevent wind and water erosion and a plan showing the proposed landscaping, including the design and location of pathways and driveways.

(ii) Clearing as required by the Fire Hazard Reduction Notice under the Bush Fire Act 1954 is exempt under Section 61 of the Deemed Provisions.

3.5 Outbuildings and incidental developments

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

3.6 Fill

(i) No land shall be filled or excavated without the prior permission of the local government in accordance with Part 7 of the Deemed Provisions. An application for such permission shall include a statement as to the measures that will be taken to prevent wind and water erosion and a plan showing the proposed landscaping, including the design and location of pathways and driveways.

(ii) Fill within the area is subject to compliance with the Placement of Fill – Local Planning Policy.

3.7 Fencing

(i) No fencing shall be erected without the prior permission of the local government, in accordance with Part 7 of the Deemed Provisions. The local government will consider the use of materials, colour and height of the fence in an attempt to ensure that such structures blend into the landscape.

(ii) Fencing in accordance with Schedule 3 of the Fencing Local Law will generally be supported with the exclusion of Clause 2) as electric fences are prohibited in the Policy Area.

3.8 Development in Fire Prone Area

(i) All new development for a habitable building and any other structure within 6 metres of a habitable building requires a BAL Assessment to be prepared and implemented. Development is to comply with AS 3959 – Construction of buildings in bushfire-prone areas.

(ii) Any change of use where a development has not been previously developed in accordance with AS 3959 – Construction of buildings in bushfire-prone areas will not be supported where additional clearing is required to achieve compliance with the Standard.

Ordinary Council: Minutes

22 June 2021 Page 16

Item: 12.1.2

Proposed Road Closure - Portion of Bostock Street adjoining Lot 10 (12) Bostock Street, West Beach

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

File Ref: D21/17592

Applicant

Gray and Annette Slade

Location/Address

Lot 10 (12) Bostock Street

Executive Summary

For Council to consider granting final approval to the closure of a portion of the Bostock Street road reserve where it adjoins Lot 10 (12) Bostock Street, West Beach.

Recommendation in Brief

That Council;

1. Request the Minister of Lands to close the portion of the Bostock Street road reserve where it adjoins Lot 10 (12) Bostock Street, West Beach under Section 58 (1) of the Land Administration Act 1997.

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

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

Background

The Shire was approached by the proponent to seek a resolution to an encroachment into the adjoining

Reserve. During this time it was also noted that the owners of Lot 10 (12) Bostock Street had undertaken works in an unused portion of Bostock Street adjoining their property, and as the affected portion of land did not impact on Bostock Street it was considered appropriate to undertake the road closure process with an aim of amalgamating the affected portion of land into Lot 10 (12) Bostock Street.

Officer’s Comment

From a planning perspective, the closure of the affected portion of Bostock Street is appropriate as the affected portion was originally meant to support a new road heading towards the Port which is no longer proposed for construction.

Should Council wish to proceed with the closure a formal request will be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of road reserve into Lot 10 (12) Bostock Street, West Beach.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35 day public comment/referral period to all affected landowners and government agencies are to be consulted. A notice was also placed in the Esperance Express on 3 April 2021.

The proposed Road Closure was advertised from 3 April 2021 to 18 May 2021. Five (5) submissions were received at the end of the advertising period, all of which came from government and servicing agencies. No submissions objected to the proposal.

Financial Implications

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

An application fee of $800 applies to this application.

Asset Management Implications

The proposed road closure was discussed with Asset management staff, who have advised that they support the closure request.

The affected portion of Bostock Street will be amalgamated into adjoining Lot 10 (12) Bostock Street, West Beach.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

Environmental Considerations

Nil

Attachments

a ⇩.	Schedule of Submissions
b ⇩.	Plans

RECOMMENDATION AND DECISION

Moved: Cr Piercey

Seconded: Cr Graham

O0621-139

Council Resolution

That Council;

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

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

CARRIED

F7 - A0

Mr Hindley left the Chamber at 4.17pm and did not return.

Ordinary Council: Minutes

22 June 2021 Page 22

Item: 12.1.3

Release of Confidential Reports - Landfill

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Mel Ammon	Acting Director External Services

File Ref: D21/18144

Applicant

External Services

Location/Address

Not applicable

Executive Summary

For Council to consider releasing two confidential reports relating to the cost to transport waste to Coolgardie and the search for a landfill in the Grass Patch region.

Recommendation in Brief

That Council request the CEO to place the following three documents on the Shire website for public inspection as per Section 5.95(7)(b) of the Local Government Act;

1) Waste Transport Cost v Landfill Assessment Report – February 2021 – 12541765 (our Ref D21/2313[v2]),

2) New Landfill Site Study – Determination of Appropriate Site Selection Criteria – July 2020 – 12531105-9222-5 (our Ref – D20/17428), and

3) New Landfill Site Selection Study – October 2020 – 12531105-8879-19 (our Ref – D20/25229), as attached and redacted to delete individual property owner information.

Background

Council considered the Waste Transport Cost v Landfill Assessment Report (Waste Transport Report) behind closed doors in the February 2021 Ordinary Council meeting. The agenda item included the Waste Transport Report as a confidential item.

Council were briefed on the New Landfill Site Study – Determination of Appropriate Site Selection Criteria during a briefing session in June 2020. The document has not been released to the public as yet. The criteria identified within this document was used to prepare the mapping within the new landfill Site Selection Study referred to below.

Council considered the New Landfill Site Selection Study during briefings sessions held in October 2020 and used a portion of this information to brief the Grass Patch community during a Community meeting on 5 November 2020. Individual property owners identified as being suitable for a landfill site without restrictions were then contacted via letter to ascertain their want to be included or excluded going forward with the search for a new landfill.

The Landfill Site Selection Study has not been released to the public as yet. If Council do decide to release the documentation, some pages and information that identify specific privately owned properties should be deleted or redacted to protect the privacy of the property owners. Information within the document relating to Lot 39 Logan Road has been retained within the proposed redacted document as this location has been previously identified in a Council motion.
Officer’s Comment

During previous landfill searches, Council has been quite proactive with releasing information to the public as soon as practically possible. Now that the Shire has committed to a contract with the Shire of Coolgardie for the future disposal of waste, it would seem an ideal time to consider releasing the information.

Only Council can determine to deal with a matter behind closed doors under Section 5.23(2) of the Local Government Act 1995 as amended and therefore only Council can decide by resolution to make previously confidential information available for inspection. The relevant section of the Local Government Act is below;

Consultation

GHD have indicated that they have no concerns with the two reports being released.

The Shire of Coolgardie also supports the release of the Waste Transport Report.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

As stated within Officer’s Comment

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

N2.5 Plan for new landfill site

Environmental Considerations

Nil

Attachments

a .	Waste Transport Report - Confidential
b .	New Landfill Site Study - Confidential
c .	New Landfill Site Selection Study - Redacted - Confidential

RECOMMENDATION AND DECISION

Moved: Cr Piercey

Seconded: Cr Obourne

O0621-140

Council Resolution

That Council request the CEO to place the following two documents on the Shire website for public inspection as per Section 5.95(7)(b) of the Local Government Act;

1. Waste Transport Cost v Landfill Assessment Report – February 2021 – 12541765 (our Ref D21/2313[v2]),

2. New Landfill Site Study – Determination of Appropriate Site Selection Criteria - July 2020 – 12531105-9222-5 (our Ref – D20/17428), and

3. New Landfill Site Selection Study – October 2020 – 12531105-8879-19 (our Ref – D20/25229), as attached and redacted to delete individual property owner information.

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 26

Item: 12.1.4

Trading Permit - Fly Esperance Pty Ltd

Author/s	Paul Clifton	Manager Development & Statutory Services
Authorisor/s	Mel Ammon	Acting Director External Services

File Ref: D21/18603

Applicant

Fly Esperance Propriety Limited

Location/Address

Reserve 33694, the Esplanade (Lot 981) Esperance

Executive Summary

Fly Esperance Propriety Limited (Pty Ltd) are seeking approval to trade (selling of services) from Reserve 33694, The Esplanade (Lot 981) Esperance

Recommendation in Brief

That Council refuse the Traders Permit application submitted by Fly Esperance Pty Ltd to trade from Reserve 33694, The Esplanade (Lot 981) Esperance.

Background

Fly Esperance Pty Ltd operate 365 days a year from a leased booth at the Esperance airport from which all flights depart from. To further promote the business within the Esperance townsite, they have proposed to park a mobile office in a conspicuous location where members of the public can walk in a book a flight. It is desired that the office is mobile to enable Fly Esperance Pty Ltd to use this at events both locally and within Western Australia. A diagram of the mobile office is included as Attachment A.

Fly Esperance Pty Ltd have submitted an application for a Traders Permit to trade from Reserve 33694. In their application, Fly Esperance Pty Ltd have proposed that a fully self-contained mobile ticketing office will operate Monday through to Sunday 9am – 5pm from this location.

Officer’s Comment

EXT 030 Trading in Public Places Policy is applicable in the consideration of this application. Fly Esperance Pty Ltd is selling a service from a vehicle that is parked in a public place. Based on this, it is considered that the activity falls within the definition of a Street Trader.

EXT 030 Trading in Public Places Policy also outlines general requirements applicable to all trading locations and identifies locations where trading can occur. The location proposed by Fly Esperance Pty Ltd is inconsistent with the policy in terms of Section C – Trading Approved Fixed Locations in that Reserve 33694 has not been identified as an approved fixed location.

As this proposal is inconsistent with the Policy, staff are unable to approve this application and the request requires consideration by Council. As it is contrary to the Trading in Public Places Policy, it is the officer’s recommendation to refuse this application.

Option One

That Council refuse the Traders Permit application submitted by Fly Esperance Pty Ltd to trade from Reserve 33694, The Esplanade (Lot 981) Esperance.

Option Two

That Council approve the Traders Permit application submitted by Fly Esperance Pty Ltd to trade from Reserve 33694, The Esplanade (Lot 981) Esperance or Reserve 27318, The Esplanade (Lot 991), Esperance in a location to be negotiated.

Should Option Two be resolved, EXT 030: Trading in Public Places Policy will need to reflect this resolution.

Consultation

Nil

Financial Implications

Charges set as per Council Fees and Charges.

Asset Management Implications

Nil

Statutory Implications

Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016

EXT 030 Trading in Public Places Policy

Policy Implications

Nil

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

Environmental Considerations

Nil

Attachments

a ⇩.

Fly Esperance Pty Ltd - Mobile Office

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr Parker

O0621-141

Officer’s Recommendation

That Council refuse the Traders Permit application submitted by Fly Esperance Pty Ltd to trade from Reserve 33694, The Esplanade (Lot 981) Esperance

Council Resolution

That Council approve the Traders Permit application submitted by Fly Esperance Pty Ltd to trade from Reserve 33694, The Esplanade (Lot 981) Esperance or Reserve 27318, The Esplanade (Lot 991), Esperance in a location to be negotiated.

CARRIED

F4 – A3

(Against Cr Piercey, Cr Chambers & Cr Graham)

Reason: Council wanted to approve the Traders Permit and negotiate a location with Fly Esperance.

Mr Stevens entered the Chamber at 4:26pm.

Ordinary Council: Minutes

22 June 2021 Page 31

12.2 Asset Management

Item: 12.2.1

CCTV Policy

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

File Ref: D21/18316

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider adopting a new CCTV Policy

Recommendation in Brief

That Council adopt policy ASS New - CCTV

Background

At the March 2021 Ordinary Council Meeting Council resolved the following in response to the motion regarding CCTV from the Annual Meeting of Electors:

That Council:

1. Note Motion 3 from the Annual Meeting of Electors (February 2021) being;

That Council develop appropriate policies, procedures and practices for CCTV equipment and information used in public surveillance in the Shire of Esperance to ensure the protection is kept of individual privacy.

2. Request the CEO to develop a policy for CCTV equipment and information used in public surveillance to ensure individual privacy is maintained; and

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

Following this resolution Shire officers have developed the attach CCTV Policy.

Officer’s Comment

The CCTV Policy as attached breaks the CCTV systems owned and operated by the Shire into two:

Internal CCTV: Closed Circuit Television recording staff and public internally and externally of the Shire of Esperance buildings.

Public CCTV: Closed Circuit Television covering public open spaces and streets including linked mobile systems.

The new policy will give direction to staff on how to manage and operate the CCTV systems to ensure security, integrity and privacy are upheld.

Consultation

WA Police

Avantgarde Technologies

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The statutory implications associated with this item are given in the following legislation:

· Local Government Act 1995

· WA Criminal Code Act Compilation Act 1913

· Criminal Procedures Act 2004

· State Records Act 2000

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

Corporate Business Plan 2020/21 – 2024/25

C6.8 Implement CCTV Master Plan

Environmental Considerations

Nil

Attachments

a ⇩.

Policy ASS New - CCTV

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr Parker

O0621-142

Council Resolution

That Council adopt Policy ASS New – CCTV.

CARRIED

F7 - A0

Mr Gray left the Chamber at 3:34pm and did not return.

Ordinary Council: Minutes

22 June 2021 Page 36

Text Box: Council Policy ASS New: CCTV

Document Status:	Current	CM Ref:
Responsible Officer:	Manager Asset Planning	Version No:
Date Adopted:		Resolution #:
Date Reviewed:		Resolution #:

Objective

To set out the Shire of Esperance’s requirements in relation to the operation of Closed Circuit Television systems that it owns and operates.

Policy

Introduction

The shire owns and operates both an internal CCTV system and a public CCTV system. Digital images are recorded from both systems twenty four (24) hours, seven (7) days a week and are retained for a period of not less than thirty one (31) days.

The internal CCTV system monitors the Shire of Esperance building assets, the purpose of the Internal CCTV system is to:

· Assist in deterring antisocial and criminal behaviour

· Assist in deterring offences against persons and/or property.

· Assist staff with providing improved customer service.

· Assist staff with providing operational services.

The Public CCTV System monitors public open spaces and streets. The purpose of the Public CCTV system is to:

· Assist in deterring antisocial and criminal behaviour

· Assist in deterring offences against persons and/or property.

· Facilitate rapid response by WA Police and other emergency services as determined by WA Police when detecting instances of crime and anti-social behaviour.

· Capture footage of suitable quality (ideally facial identification) to ensure that recorded footage of crimes can be used by WA Police or their legal representative for effective prosecution.

· Reduce the public’s perception of crime and the fear of crime.

This policy does not apply to the capture of videos or photos not linked to the Shires internal CCTV system or public CCTV system, i.e. live streaming of Council Meetings.

Definitions

Internal CCTV: Closed Circuit Television recording staff and public internally and externally of the Shire of Esperance buildings.

Public CCTV: Closed Circuit Television covering public open spaces and streets including linked mobile systems.

MOU: Memorandum of Understanding regarding the supply and use of public CCTV between the Shire of Esperance and the WA Police.

Ownership and Control

Internal CCTV system:

The Shire of Esperance Internal CCTV system is owned by and is the sole property of the Shire of Esperance, who ensure that the CCTV system is maintained in efficient working order. The Shire of Esperance have exclusive access to and control of all recorded footage.

The Shire of Esperance may allow access, only to the external building cameras, to WA Police as part of the Public CCTV system. The footage and data from these cameras would be available to WA Police without restriction.

Public CCTV system:

The Public CCTV system is owned by and is the sole property of the Shire of Esperance, who ensure that the CCTV system is maintained in efficient working order. The Shire of Esperance provides the CCTV system to WA Police who have exclusive access to, and control of, all recorded footage. These ownerships and controls reference the MOU between the Shire of Esperance and WA Police.

Viewing and requesting CCTV images/recordings

Internal CCTV system:

Live viewing of Internal CCTV Footage:

Shire staff, contractors and volunteers are able to view live internal CCTV footage that is operational required as part of their role.

Downloading Historic Internal CCTV Footage:

Shire of Esperance staff:

· An Internal CCTV Data Request form, must be filled in and signed by the requesting officers Manager before lodging it with the Manager Information Services who will verify and approve the request.

· The Manager Information Services or their delegate will assess and provide the data as requested based on priority (urgency and importance), ensuring that the request does not contravene governing standards before providing the data.

WA Police:

· WA Police may request footage from the Shire of Esperance Internal CCTV in order to supplement or assist with criminal investigations.

· Any and all requests for such data will need to be made in writing to the Shire of Esperance, the Manager Information Services will assess and provide the requested footage as required.

General Public:

· Members of the Public may request footage from the Shire of Esperance Internal CCTV through a Freedom of Information Request. Request will be governed by the requirements under the Freedom of Information Act 1992.

Public CCTV system

The police have the sole viewing rights to the Public CCTV system. Request for viewing and requesting images/recordings from public system can only be done through WA Police. The Shire of Esperance does not have access to the images and recordings from the Public CCTV System.

Standards, Legislation and MoU

The following Standards, Legislation and MoU are applicable to the ownership and operation of both the Internal CCTV and External CCTV systems:

· AS/NZS 62676:2020 Video Surveillance Systems for use in Security Applications

· Local Government Act 1995

· WA Criminal Code Act Compilation Act 1913

· Criminal Procedures Act 2004

· State Records Act 2000

· Memorandum of Understanding – Western Australia Police Force and Shire of Esperance

............................................................. Policy Ends....................................................................

Ordinary Council: Minutes

22 June 2021 Page 37

12.3 Corporate & Community Services

Item: 12.3.1

Lease Request - Esperance Motor Raceway (Inc)

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

File Ref: D21/14432

Applicant

Esperance Motor Raceway (Inc)

Location/Address

Lot 1974 on Deposited Plan 213992 and Lot 2103 on Deposited Plan 192680, part Reserve 35037

Executive Summary

For Council to consider entering into a lease with the Esperance Motor Raceway (Inc) for Lot 1974 on Deposited Plan 213992 and Lot 2103 on Deposited Plan 192680, Reserve 35037.

Recommendation in Brief

That Council agrees to enter into a lease with the Esperance Motor Raceway (Inc) for Lot 1974 on Deposited Plan 213992 and Lot 2103 on Deposited Plan 192680, Reserve 35037.

Background

Lot 1974 on Deposited Plan 213992 and Lot 2103 on Deposited Plan 192680, part Reserve 35037, is leased by the Shire of Esperance to the Esperance Motor Raceway. Reserve 35037 has a Land Use of Recreation, with the Shire of Esperance holding the Management Order. The Esperance Motor Raceway has a Memorandum of Understanding with the Esperance Speedway Association, the Esperance Kart Klub (Inc.) and the Esperance Motorcycle Club stating that the Esperance Motor Raceway agrees with the Shire of Esperance to allow other Associations including these and other sporting bodies to access and use the land for the purpose of ‘Recreational Motor Raceway for karting, motorcycling and other vehicles’, and also lays out shared use and maintenance arrangement for facilities, caretakers premises, general matters and dispute resolution.

The original lease was signed in 1979, and the rental at that time was tied to repayments on a self-supporting loan which was paid out in 1989. A peppercorn rental has been paid since then, however the annual fee for the new lease will be $100 ex GST per year, as per Council Policy COR 004: Building and Property Leases.

The most recent lease came into effect on 29 June 2000 and was registered at Landgate. This is currently an encumbrance on the two Certificates of Title which make up the lease area, and a Surrender of Lease application will need to be made to Landgate to remove it. The new lease will not be registered at Landgate.

Officer’s Comment

Discussions with Shire Officers have determined there are compliance issues on site with uncertified and unapproved buildings which are being addressed by the organisations involved. These issues are expected to be resolved under the conditions of the lease document.

The Esperance Motor Raceway’s request for a 21 year lease is supported by Shire Officers.

Consultation

Esperance Motor Raceway

Manager Development & Statutory Services

Manager Strategic Planning & Land Projects

Coordinator Environmental Health

Compliance Officer

Financial Implications

Surrender of lease fee from Landgate $178.20

Annual lease fee of $110 Inc GST

Lease preparation fee of $130 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s.3.58 Disposal of Property

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all

Facilitate and support sport, recreation, arts and cultural activities

Corporate Business Plan 2020/21 – 2024/25

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Lease request - Esperance Motor Raceway

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr Piercey

O0621-143

Council Resolution

That Council, subject to Department of Lands’ approval;

1. Lease Lot 1974 on Deposited Plan 213992 and Lot 2103 on Deposited Plan 192680, Reserve 35037, to the Esperance Motor Raceway (Inc);

2. Term of the lease to be 21 years;

3. Charge a Surrender of Lease fee of $178.20 Inc GST;

4. Charge an annual Lease fee of $110 Inc GST;

5. Charge a Lease preparation fee of $130 Inc GST; and

6. All lease terms and conditions to be as per Council’s standard Sporting and Community Group Lease.

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 42

Item: 12.3.2

Car Hire Desk 3 – Esperance Airport Terminal Reassignment Request – Goldfields Air Services to Fly Esperance Pty Ltd

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

File Ref: D21/16716

Applicant

Goldfields Air Services

Fly Esperance Pty Ltd

Location/Address

Car Hire Desk 3 - Esperance Airport Terminal

Executive Summary

For Council to consider reassigning the lease for Car Hire Desk 3 at the Esperance Airport from Goldfields Air Services to Fly Esperance Pty Ltd.

Recommendation in Brief

That Council reassign the lease for Car Hire Desk 3 at the Esperance Airport from Goldfields Air Services to Fly Esperance Pty Ltd.

Background

Goldfields Air Services (Dougal McQuie) have held the lease for Car Hire Desk 3 at the Esperance Airport since late 2017, operating a scenic flight service. This service has now been taken over by Fly Esperance Pty Ltd (Christopher Hurst). It is expected that operations as run by Goldfields Air Services will continue.

Officer’s Comment

Discussion with the Airport Operations Coordinator has determined that there are no concerns with this proposal being approved.

Officer spoke to current Lessee Dougal McQuie of Goldfields Air Services on 4 June 2021 and received confirmation that he agreed to and signed the Reassignment Request form for Car Hire Desk 3 at the Esperance Airport Terminal, and intends for the Lease to be transferred to Christopher Hurst of Fly Esperance Pty Ltd. Dougal stated that he signed the Reassignment Request form at the same time that Christopher Hurst did on 19 May 2021, and he is happy for the reassignment to happen at the earliest convenience of Council.

Christopher Hurst has confirmed that he has reviewed a copy of the lease and is agreeable to the existing terms and conditions.

Consultation

Goldfields Air Services

Fly Esperance Pty Ltd

Airport Operations Coordinator

Financial Implications

Lease variation fee of $215 Inc GST

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

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 ⇩.

Lease Reassignment Request Goldfields Air Services to Fly Esperance Pty Ltd

RECOMMENDATION AND DECISION

Moved: Cr Graham

Seconded: Cr O'Donnell

O0621-144

Council Resolution

That Council;

1. Reassign the lease with Goldfields Air Services for Car Hire Desk 3 – Esperance Airport Terminal to Fly Esperance Pty Ltd; and

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

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 94

Item: 12.3.4

2021/22 Community Grants Program - Budget Allocation

Author/s	Shane Tobin	Community Development & Events Coordinator
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D21/17809

Applicant

Internal Application

Location/Address

N/A

Executive Summary

For Council to consider the applications received under the Community Grants Program and determine allocations in the 2021/22 budget.

Recommendation in Brief

That Council includes funds into the 2021/22 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program.

Background

The Community Grants Program is the Shire’s principal community investment program. Through this program Council contributes to community wellbeing by:

· Supporting and stimulating diverse and dynamic projects, programs and activities;·

· Encouraging collaboration through engagement and participation in the community;·

· Facilitating stronger, more sustainable and resilient communities; and·

· Supporting the maintenance and upgrade of community facilities.

The guidelines and application forms for the Community Grants Program are available on the Shire’s website. The guidelines state that “The grants program is designed to provide limited financial assistance and is not intended to be relied upon as a primary or recurrent source of funding”, and “All funding requests must not exceed 50% of the total project cost (with the exception of the Support category).”

Among other requirements, part of the guiding assessment criteria states that applicants need to demonstrate the community need for the project, benefit to the community, alignment to the Shire of Esperance Strategic Community Plan, organisational ability to effectively manage the project and capacity to make a financial and in-kind contribution towards the project.

A total of 27 applications, requesting $357,766 were received under the 3 annual grant categories of the Community Grants Program:

· Assistance category (10 applications)

· Development category (8 applications)

· Events category (9 applications)

The fourth category of ‘Support’ is not applied for within this process, instead it is in place to enable small ad-hoc contributions to be made throughout the year.

As part of the vetting process, applications for Esperance Regional Tourism Inc; Esperance Fire & Rescue Service; Esperance & Districts Agricultural Society were withdrawn following discussion with Shire officers. These applications, totalling $14,865, have not been included in the requested amount total.

Several applications requested on-kind Shire support, this includes $660 towards Soundshell Hire for Moving Movies Inc; $3,400 for Civic Centre hire for the Esperance Music Festival Inc. and $1,680 Civic Centre hire for the Wildflower Festival.

At the January 2021 Ordinary Council meeting Council resolved to:

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

This Community Grant Program funding was confirmed in January 2021 due to meet the timing requirements of Ports Football Club’s CSRFF grant application.

At the June 2020 Ordinary Council Meeting:

Confirms that operational funding for Esperance Community Arts and the Cannery Arts Centre Inc has the in-principle support of Council to continue at no less than the 2019/20 allocation of $43,296 each per year for the 2021/22 and 2022/23 years, to assist with applications from both organisations to the Regional Arts Sector investment Fund.

This confirmation was to assist these two groups with their Regional Arts Sector Investment (RASI) funding applications, which required them to demonstrate an ongoing partnership with their LGA including sustained funding. Funding from the 2021/22 Community Grants Program to these organisations should be a minimum of $43,296 per year to meet Council’s existing in-principal commitment.

Officer’s Comment

The Community Grants Program applications have been supplied to Council along with a summary of each application to assist with the assessment of applications received.

Total applications this year were valued at $357,766, which is an increase on the $267,585 applied for last year.

An annual allocation for the Support Category also needs to be approved for the 2021/2022 budget. It has been proposed that this be set at $25,000, which is consistent with the three previous financial years.

It would be appropriate for Council to specify any conditions it wishes to attach to any of the allocations, the Officer Recommendation includes those proposed by the administration.

Consultation

The Community Grants Program applications have been workshopped with Council in May and early June, with several of the applicants also being invited to present to Council in early June.

Applications were originally assessed by the Community and Economic Development Team with input from other Shire officers where appropriate.

Financial Implications

Allocations approved in this agenda item will be factored into Council’s 2021/22 Annual Budget.

Asset Management Implications

The Gibson Football Clubs Playground Project will be delivered in-line with the Shire’s Public Open Space Strategy by advancing the allocated funding for FY 2023/34.

Statutory Implications

The statutory implications associated with this item are contained within Local Government Act 1995, Section 6.2 - Local Government to prepare annual budget.

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A Community where everyone feels welcomed, involved and connected to each other

Create a social environment that is accessible and inclusive for all ages and abilities

Environmental Considerations

N/A

Attachments

Nil

RECOMMENDATION AND DECISION

Moved: Cr Piercey

Seconded: Cr Graham

O0621-146

Council Resolution

That Council:

1. Include $325,724 into the 2021/2022 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program:

a. Support category budget of $25,000 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

b. Assistance category budget of $24,144, allocated as follows:

Organisation	Requested Amount	Approved Amount
Esperance Sonshine Broadcasters Inc (103.9 Hope FM Esperance Community Radio)	$1,700	$1,700
Coastal Warriors Cricket Club Inc	$2,270	$2,270
Condingup Basketball Association Inc	$2,440	$2,440
Esperance Playgroup Association	$4,575	$4,575
Esperance Soccer Association (Inc.)	$1,500	$1,500
Moving Movies Esperance Inc.	$2,160	$2,160
Mudjar Aboriginal Corporation	$4,091	$4,091
The Association of Red Hatted Groups of Australia Inc - Auspicing for Bay of Isles Babes	$2,000	$2,000
Christian Aboriginal Parent-Directed School Incorporated - Wongutha Campus	$3,408	$3,408

c. Events category budget of $32,400, allocated as follows:

Organisation	Requested Amount	Approved Amount
Cannery Arts Centre (Inc)	$5,000	$5,000
Condingup Primary School Parents and Citizens' Association Incorporated	$2,000	$2,000
Esperance Community Arts (Inc)	$11,020	$5,000
Grass Patch Community Development Association	$2,000	$2,000
Escare Incorporated - Auspicing for the Kids Fun Day Out Committee	$10,000	$10,000
Esperance Music Festival (Inc)	$3,400	$3,400
Rotary Club of Esperance Inc	$5,000	$5,000

d. Development category budget of $244,180, allocated as follows:

Organisation	Requested Amount	Approved Amount
The Cannery Arts Centre (Inc)	$53,000	$48,000
Esperance Brass Band Incorporated	$6,000	$5,000
Esperance Care Services Inc.	$17,844	$17,844
Esperance Community Arts (Inc)	$51,648	$48,000
Esperance Golf Club (Inc.)	$50,000	$50,000
Esperance Volunteer Fire & Rescue Service	$10,000	$10,000
Gibson Football Club (inc)	$15,375	$0
Ports Football Club	$65,336	$65,336

2. Advise the Gibson Football Club that Shire staff will work with them to deliver their playground project. This will be separate to the Community Grants Program.

CARRIED

F7 - A0

Mr Mills left the Chamber at 5.02pm and did not return.

Ordinary Council: Minutes

22 June 2021 Page 99

12.4 Executive Services

Item: 12.4.1

WALGA Annual General Meeting and WA Local Government Convention 2021

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

File Ref: D21/12556

Applicant

Executive Services

Location/Address

Internal

Executive Summary

For Council to consider nominating two (2) voting delegates for the 2021 WALGA Annual General Meeting, to be held in Perth on Wednesday 20 September 2021, as part of the 2021 Annual Local Government Convention.

Recommendation in Brief

That Council nominate two (2) Councillors as the Shire’s Voting Delegates for the WALGA Annual General Meeting and request the CEO to register Councillors for the Local Government Convention 2021.

Background

The 2021 WA Local Government Convention & Trade Exhibition (Local Government Week) will be held Sunday 19 September – Tuesday 21 September 2021 at Crown Perth.

As per previous Local Government Weeks, WALGA will hold its Annual General Meeting, to discuss and consider local government industry issues. Each Council of WALGA has the ability to elect two (2) voting delegates to participate at the WALGA Annual General Meeting (non-voting delegates are also able and encouraged to attend).

Officer’s Comment

Attendance at the annual WA Local Government Convention is open to all Councillors. Registration fees, travel and accommodation expenses will be paid by Council in advance for any Elected Member(s) choosing to attend the WA Local Government Convention.

The theme for the 2021 WA Local Government Convention is Leading the Way: Looking Forward, Looking Back, taking place against the backdrop of generational change for the sector with the reform of the Local Government Act on the horizon.

As a member of WALGA, it is important that Council also attend WALGA’s Annual General Meeting, requiring the election of voting delegates by Council.

Financial Implications

The costs associated for this conference can be accommodated within 2021/22 budget: Members of

Council Travel, Accommodation and Conference expenses. Anticipated costs are approximately $3,000 per delegate, comprising registration of $1,200; airfares in the vicinity of $500 return and accommodation of approximately $1000 per delegate plus meals and other miscellaneous expenses.

Due to his Honorary Life Membership with WALGA, Cr Mickel has a complementary Full Delegate Registration to this event. However this does not include optional events such as the Gala Dinner.

Policy Implications

Council Policy EXEC-007: Elected Member Entitlements

Strategic Implications

Strategic Community Plan 2017-2027

Leadership

L3 an organisational and community culture that encourages innovation and embraces change.

Attachments

a ⇩.	Local Government Week - Convention
b ⇩.	Notice of WALGA 2021 Annual General Meeting

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr Obourne

O0621-147

Council Resolution

That Council:

1. Nominate Councillors Cr Piercey and Cr Obourne as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 20 September 2021.

2. Request the CEO to register Councillor/s Cr Chambers, Cr Obourne, Cr O’Donnell, Cr Piercey, Cr Mickel to attend the 2021 Western Australian Local Government Convention held in Perth on 19 - 21 September 2021.

3. Request the CEO to amend the September Agenda Briefing date to 23 September 2021.

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 155

Item: 12.4.3

Elected Member Professional Development Policy & EXE 007: Elected Member Entitlements Policy

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

File Ref: D21/18046

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider endorsing the Elected Member Entitlements Policy as amended and the new Elected Member Professional Development Policy.

Recommendation in Brief

That Council endorse the Elected Member Entitlements Policy as amended and the new Elected Member Professional Development Policy.

Background

In January 2021, a compliance audit return was completed at the request of the Department of Local Government, Sport and Cultural Industries. Within the optional return it was identified that the Shire had not prepared and endorsed a policy in relation to the continuing professional development of council members.

Subsequent to this, advice was sought from the Western Australia Local Government Association (WALGA) regarding the contents that should be included within the policy and one was developed.

Officer’s Comment

The professional development policy was developed through consultation with WALGA and comparing other local government’s similar policies. Due to creation of this Professional Development Policy, the Elected Member Entitlement Policy required revising to ensuring information isn’t repeated. Information that was carried over to the Professional Development Policy has not been altered with the exception of grammatical corrections.

The attached Elected Member Entitlements Policy shows all references to training and professional development have been removed and instead, included in the Elected Member Professional Development Policy.

The Elected Member Professional Development Policy has been cross referenced against the WALGA Template. All key information within the WALGA template has been included with the Shire policy. The Professional Development Policy provides a clear and in depth description of the requirements and process for Elected Members when planning to seek professional development or training.

Consultation

WALGA

Executive Management Team

Coordinator Corporate Reporting & Governance

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 – s5.128(1)

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 ⇩.	Amended Elected Member Entitlements Policy
b ⇩.	DRAFT Policy - Elected Member Professional Development

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr O'Donnell

O0621-149

Council Resolution

That Council endorse the:

1. Elected Member Professional Development Policy; and

2. EXE 007: Elected Member Entitlements Policy as amended.

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 171

Item: 12.4.4

Temporary Employment or Appointment of CEO Policy

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

File Ref: D21/18525

Applicant

Internal

Location/Address

N/A

Executive Summary

That Council consider adopting the Temporary Employment or Appointment of Chief Executive Officer (CEO) Policy.

Recommendation in Brief

That Council adopt the Temporary Employment or Appointment of CEO Policy.

Background

It was identified the Shire would benefit from having a detailed process for appointing an acting CEO. A Temporary Employment or Appointment of CEO policy has been subsequently developed.

Officer’s Comment

The purpose of the policy is to ensure the Shire is in accordance with Section 5.39C of the Local Government Act 1995 that details the processes for appointing an Acting or Temporary CEO for periods of less than 12 months of planned or unplanned leave or an interim vacancy in the substantive office.

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 an Acting CEO will be appointed at the Shire of Esperance.

Consultation

WALGA

Executive Management Team

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 - Section 5.39C

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

Facilitate Councillors’ requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Temporary Employment or Appointment of CEO Policy

RECOMMENDATION AND DECISION

Moved: Cr Obourne

Seconded: Cr Piercey

O0621-150

Council Resolution

That Council adopt the Temporary Employment or Appointment of CEO Policy.

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 177

Item: 12.4.5

Regional Climate Alliance Program

Author/s	Shane Burge	Chief Executive Officer
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D21/18756

Applicant

GVROC

Location/Address

Goldfields / Esperance Region

Executive Summary

For Council to consider its involvement in applying for grant funding for a pilot Regional Climate Alliance Program being applied for through GVROC.

Recommendation in Brief

That Council agree to support and participate in the GVROC Climate Alliance Program.

Background

At the last GVROC meeting held on 28 May GVROC resolved to submit an application for grant funding through the Regional Climate Alliance Program. The resolution was as follows:

That the GVROC:

1. Notes the EOI regarding the Regional Climate Alliance Program.

2. Supports a Goldfields Climate Alliance of GVROC LGAs for this program and requests each LGA CEO to liaise with the Shire of Dundas CEO as the lead LGA to complete and submit an application by the due date of 21 June 2021.

3. Agree to provide up to $50,000 towards the hiring of consultants to assist in completing the application on behalf of the GVROC Goldfields Climate Alliance.

RESOLUTION: Moved: Cr Tracey Rathbone - Shire of Coolgardie Seconded: Cr Laurene Bonza - Shire of Dundas

Carried

Since the resolution of GVROC a meeting with the relevant Local Governments was held, which resulted in a consultant being appointed by GVROC to submit an application on behalf of the group.

Officer’s Comment

If successful in the funding application the program will support the employment of a Regional Climate Alliance Coordinator. There are only two pilot programs available throughout regional WA. The application guidelines are provided in Attachment A.

The program aims to pilot the Alliance model in Western Australia. This program will also demonstrate how collective action, at a regional level, can enable Local Governments to overcome current capacity limitations and accelerate the delivery of climate change responses.

The Alliance model has proved to be successful in other States in Australia and therefore DWER, DFES, DLGSC and WALGA have partnered together to pilot the program in WA. The program is a two year model based around $110,000 to assist with the employment of a coordinator and up to $100,000 in competitive funds to deliver adaptation and mitigation projects on the ground.

At the meeting of Local Governments interested in participating in the program, a scope of how the program could be delivered within the Goldfields / Esperance region was drafted (Attachment B).

Participation in the program through GVROC will more than likely cost each Local Government between $10k and $15k per year for the two year program. This cost however is dependent upon the number of GVROC local governments participating in the program.

Some areas of interest that the GVROC alliance would like to focus their efforts include:

· Drought

· Bushfires

· Renewable Energy

· Water Security

· Regional Waste Solutions and Facility

It is the Officer’s Recommendation to participate in the program as it clearly aligns with our Strategic Community Plan. Supporting and participating in this project is a way to action and potentially deliver and address climate adaptation and mitigation issues.

Option One

The Officers Recommendation is to support and participate in the GVROC application to the Regional Climate Alliance Program.

Option Two

Alternative Recommendation is to advise GVROC that the Shire of Esperance does not wish to participate in the Regional Climate Alliance Program.

Consultation

GVROC Executive Officer

GVROC Local Governments

Financial Implications

The financial implications arising from this report are expected to be in the range of $10k to $15k per year and this can be considered as part of budget allocations.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Participating in this program is consistent with the Shire’s Cities Power Partnership and the pledges that have been made within.

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that values and protects our natural environment

Raise awareness and increase education on environmental issues.

Corporate Business Plan 2020/21 – 2024/25

N1.1 Develop partnerships with environmental stakeholders to deliver programs

N1.3 Seek funding for environmental projects

N3.2 Investigate opportunities to improve energy sustainability and efficiency of the Shire

Environmental Considerations

The environmental considerations arising from this report are consistent with investigating ways to address climate adaptation and mitigation issues.

Attachments

a ⇩.	Regional Climate Alliance Program Guidelines
b ⇩.	GVROC Climate Alliance Draft Scope

RECOMMENDATION AND DECISION

Moved: Cr Chambers

Seconded: Cr Obourne

O0621-151

Council Resolution

That Council agree to support and participate in the GVROC Climate Alliance Program.

CARRIED

F7 - A0

Ordinary Council: Minutes

22 June 2021 Page 245

14. Motions of which Notice has been Given

Motion

Moved: Cr Piercey

Seconded: Cr O’Donnell

That Council;

1. Request the CEO to provide a report to Council regarding the installation on Esperance foreshore of an historical reconstruction of the hut built by Black Jack Anderson on Middle Island, recognising the unique history of the area and Black Jack Anderson.

2. Further requests an analysis of potential benefits and risks to the Shire, alignment with strategic objectives, estimated costs/budget impact, and effect on projects already planned or commenced.

3. Requests that the report be provided to council at the August 2021 OCM.

AMENDMENT

Moved: Cr Obourne

Seconded:

That Council;

1. Request the CEO to provide a report to Council regarding the appropriate way to recognise the historic significance of Black Jack Anderson.

2. Further requests an analysis of potential benefits and risks to the Shire, alignment with strategic objectives, estimated costs/budget impact, and effect on projects already planned or commenced.

3. Requests that the report be provided to council at the August 2021 OCM.

MOTION LAPSED

The amendment lapsed due to lack of a seconder..

The original motion was put..

Council Resolution

That Council;

2. Further requests an analysis of potential benefits and risks to the Shire, alignment with strategic objectives, estimated costs/budget impact, and effect on projects already planned or commenced.

3. Requests that the report be provided to council at the August 2021 OCM.

LOST

F2 – A5

(Against Cr Chambers, Cr Obourne,

Cr Mickel, Cr Parker and Cr Graham)

Rationale follows:

Black Jack Anderson, by all accounts, was a brutal man but he is part of our history and as such cannot be whitewashed from the records, just as Port Arthur's history cannot be erased.

Film rights have been signed and work regarding elements such as casting and locations should begin in August. We need to be ready to take full advantage of the tourism flow ons the film will engender.

Albany is already laying claim to Black Jack as that is where he killed a man in a bar fight and also where his lady friend lived pre and post their liaison.

There is now an urgency to discover the feasibility of reconstructing Black Jack's hut to not only increase our much needed tourism but also to display to the film maker that Esperance is the correct place for the film's location.

The film will go ahead with or without the hut but the risk of losing out to Albany will reduce if we have the hut.

The possible financial benefits to the town could be enormous and this needs to be investigated.

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

16. Urgent Business Approved by Decision

Motion

Moved: Cr Piercey

Seconded: Cr Graham

O0621-153

That Council accept the following late item:

17.5 Appointment of Director External Services

CARRIED

F7 - A0

Ms Shaddick entered the Chamber at 5:24pm.

18. PUBLIC QUESTION TIME

1. Mr B Stevens – Problem Trees

Mr Stevens questioned if Council has a policy regarding problem trees and stated he believes there is a policy that encourages staff to remove tress and not prune. Mr Stevens questioned if this statement is correct.

Mr Walker responded that it depends on the health of the tree if staff prune or remove problem trees. Mr Walker stated that the Shire does an assessment to work out the health of the tree and what the appropriate action would be. Mr Walker stated that this may include pruning but it may also include removing the tree if there are structural defects or ongoing issues that cannot be resolved by pruning.

Mr Stevens recommended Council to create a policy stating when trees are removed, three or more trees should be planted in an alternative location.

Cr Mickel thanked Mr Stevens for his comments and responded that he stands by Mr Walkers response and stated that there are two arborists employed by the Shire and they do whatever is possible to retain trees.

17. Matters behind Closed Doors

Officer’s Comment:

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

Moving behind closed doors

Moved: Cr Chambers

Seconded: Cr Parker

O0621-154

Council Resolution

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 Results of Tender for Sale of Land - Various Vacant Residential and Industrial Lots

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 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 New Community Fare Agreement - Regional Express (Rex) Airline

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

17.3 0358-21 - Esperance Beach Enclosure

17.4 0359-21 - Esperance Beach Swimming Lap Pool

CARRIED

F7 – A0

Mr Carmody, Mr Stevens, Ms Shaddick, Ms Smith, Mr McCracken and Dr Nieukerke left the Chamber at 5:28pm and did not return.

17.1 Results of Tender for Sale of Land - Various Vacant Residential and Industrial Lots

Moved: Cr Obourne

Seconded: Cr Chambers

O0621-155

Council Resolution

That Council

1. Accept the offer of $12,000 for Lot 70 Dunn Street, Salmon Gums from David Ross Bastyan;

2. Accept the offer of $9,000 for Lot 1 Coolgardie-Esperance Highway, Grass Patch from MB & CA Longbottom trading as Longy’s General Welding;

3. List the unsold lots for sale through real estate agents as per the following table:

LOT	SIZE (SQM)	Listing Price
1 Pink Lake Road, Esperance	909	$195,000
3 Mills Place, West Beach	1231	$265,000
Lot 1035 Voile Lane, Castletown	1830	$300,000
Lot 9 Baker Street, Scaddan	1010	$5,000
Shark Lake Industrial Park
20	6,909	$95,000
21	3,166	$55,000
122	7,284	$99,000
123	4,498	$75,000
124	27,066	$199,000
125	8,782	$115,000
47	105,804	$450,000
26	29,445	$220,000
127	31,986	$240,000
128	31,986	$240,000
129	14,896	$165,000
130	14,884	$165,000
131	4,212	$70,000
132	5,713	$85,000
33	16,740	$175,000
34	16,549	$175,000
35	16,361	$170,000
36	16,142	$170,000
37	15,969	$170,000
38	13,915	$155,000
40	10,195	$125,000
41	9,559	$120,000
42	6,963	$95,000
43	5,750	$85,000
44	4,936	$80,000
45	4,067	$70,000
46	4,420	$75,000

4. Delegate authority to the CEO to negotiate and accept offers on these listed properties at or above the Minimum Acceptable Sale Price identified in the schedule at Attachment C.

CARRIED

F7- A0

17.2 New Community Fare Agreement - Regional Express (Rex) Airline

Moved: Cr Chambers

Seconded: Cr Parker

O0621-156

Council Resolution

That Council

1. Authorise the CEO to enter into and sign a Community Fare Agreement with Regional Express (Rex) Airline to 30 June 2022 subject to Rex committing to continue the Community Fare at the current rate of $139;

2. Set the annual head tax payable at $1,000,000 (exc GST);

3. Inform Rex that should the Community Fare Agreement be discontinued for any reason, the head tax as per the Fees and Charges relevant at the time will be payable per passenger.

CARRIED

F7 - A0

Suspension of Standing Orders

Moved: Cr Chambers

Seconded: Cr Obourne

That Section 3.3 of the Standing Orders be suspended to allow for discussion of item 17.3.

CARRIED

F7 – A0

Resumption of Standing Orders

Moved: Cr Chambers

Seconded: Cr Obourne

That Standing Orders be resumed.

CARRIED

F7 – A0

17.3 0358-21 - Esperance Beach Enclosure

Moved: Cr Graham

Seconded: Cr Chambers

O0621-157

Officer’s Recommendation

That Council awards the Request for Tender 0358-21 Esperance Beach Enclosure to Eco Shark Barrier Pty Ltd as per the lump sum price for their six pile option.

Council Resolution

That Council awards the Request for Tender 0358-21 Esperance Beach Enclosure to Eco Shark Barrier Pty Ltd as per the lump sum price for their six pile option and to extend the barrier to maximise the available grant funds.

CARRIED

F7 - A0

Reason: Council wanted to extent the barrier to maximise the available grant funds.

Mrs Baxter, Mr Walker and Cr Chambers left the Chamber at 5:52pm.

Mrs Baxter, Mr Walker and Cr Chambers returned to the Chamber at 5:55pm.

17.4 0359-21 - Esperance Beach Swimming Lap Pool

Moved: Cr Chambers

Seconded: Cr Parker

O0621-158

Council Resolution

That Council;

1. Awards the Request for Tender 0359-21 - Esperance Beach Swimming Lap Pool to Universal Marina Systems WA Pty Ltd as per the lump sum price; and

2. Approves a budget variation as per the following table:

Description		Budget Figure	Amended Figure	Variation
Lap Pontoon - James Street	W3837	322,556	432,556	110,000
Pump Track – Youth Precinct	W3839	600,000	390,000	(110,000)
Net result				Nil

CARRIED

F5 – A2

(Against Cr Graham and Cr Piercey)

17.5 Appointment of Director External Services

Moved: Cr Parker

Seconded: Cr Piercey

O0621-159

Council Resolution

That Council confirm the appointment of Ms Holly Phillips as the Director External Services.

CARRIED

F7 - A0

Coming from behind closed doors

Moved: Cr Chambers

Seconded: Cr Parker

O0621-160

That the meeting come from behind closed doors.

CARRIED

F7 - A0

a ⇩.	Information Bulletin - May 2021
b ⇩.	Corporate Performance Report - May 2021
c ⇩.	Response - Request - Elected Member Electoral Commissioner - 4th May 2021
d ⇩.	Letter of Appreciation - RSL Esperance Sub Branch - 28 April 2021

a ⇩.	Audit Committee - 04 May 2021
b ⇩.	Esperance Roadwise Committee - 10 May 2021
c ⇩.	Museum Management Reference Group - 31 May 2021

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

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