Ordinary Council: Minutes

21 December 2021                                                                                                                     Page 1

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Shire of Esperance

 

Ordinary Council

Tuesday 21 December 2021

MINUTES

 

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                     Page 2

 

 

 

 

 

DISCLAIMER

 

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

 

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

 

ATTACHMENTS

 

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

 

 

RECORDINGS

 

The Meeting will be livestreamed. The recording will be made publicly available as soon as practical following the meeting.

 


Ordinary Council: Minutes

21 December 2021                                                                                                                     Page 4

Table of Contents / Index

ITEM                                                                                                                                                                                                            

NO.      ITEM HEADING                                                                                                                                                                PAGE

 

1.         OFFICIAL OPENING   5

2.         ATTENDANCE  5

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  5

4.         APPLICATIONS FOR LEAVE OF ABSENCE  5

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   6

6.         DECLARATION OF MEMBERS INTERESTS  6

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  6

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  6

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  6

7.         PUBLIC QUESTION TIME  6

8.         PUBLIC ADDRESSES / DEPUTATIONS  7

9.         Petitions  7

10.      CONFIRMATION OF MINUTES  7

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   7

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  10

12.1   External Services  10

12.1.1     Proposed Food Organics Garden Organics (FOGO) Service  10

12.2   Asset Management  26

12.2.1     Disposal of Toyota Coaster 26

12.3   Corporate & Community Services  32

12.3.1     Council Committees - Terms of Reference Review   32

12.3.2     Adoption of 2020/2021 Annual Report 38

12.3.3     Lease Renewal Request - Fly Esperance Pty Ltd - Airport Car Hire Desk 3  41

12.3.4     Policy Review - External Services 2021  46

12.3.5     Hicks Street Hostel Usage  50

12.3.6     Telstra Corporation Limited Lease Assignment Request to Amplitel Pty Ltd - Helms Drive and Salmon Gums  54

12.3.7     Financial Services Report - November 2021  64

12.3.8     Outstanding Rate - Debt Recovery GPC List 114

12.4   Executive Services  119

12.4.1     Public Transport Trial 119

12.4.2     Local Government Legislative Reform- Feedback  123

12.4.3     Information Bulletin - November 2021  126

13.      Reports Of Committees  151

13.1   Minutes of Committees  151

13.2   Audit Report - Adverse Financial Ratio Trend  153

14.      Motions of which Notice has been Given   157

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  157

16.      Urgent Business Approved by Decision   157

18.      PUBLIC QUESTION TIME  157

17.      Matters behind Closed Doors  158

17.1   0413-21 Audio Tactile Line Marking  158

17.2   Waive Rates for Esperance Hotel – A/281  158

17.3   0414-21 – Sale of Vacant Land  158

17.      CLOSURE  161

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                     Page 7

 

 

SHIRE OF ESPERANCE

 

MINUTES

 

Ordinary Council Meeting HELD IN Council Chambers ON
21 December 2021.

COMMENCING AT 4pm

 

1.       OFFICIAL OPENING

 

The Shire President declared the meeting open at 4.01pm and did an acknowledgement to country.

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

 

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

 

2.       ATTENDANCE

Members

Cr I Mickel, AM JP                            President                  Rural Ward

Cr R Chambers                                 Deputy President      Town Ward

Cr J O’Donnell                                                                   Town Ward

Cr S McMullen                                                                   Town Ward

Cr J Obourne                                                                    Town Ward

Cr L de Haas                                                                      Town Ward

Cr W Graham                                                                     Rural Ward

Cr R Horan                                                                        Town Ward

Cr S Flanagan                                                                    Town Ward

Shire Officers

Mr S Burge                                       Chief Executive Officer

Mr M Walker                                     Director Asset Management

Mrs H Phillips                                    Director External Services

Mrs F Baxter                                     Director Corporate & Community Services

Miss E Hegney                                 Executive Assistant

Miss S Hawke                                   Administration Officer

Members of the Public & Press

 

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Nil

 

 

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

Nil

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

Nil

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Chambers declared an Impartiality interest in item 12.3.8 as one of the properties listed belongs to his wife’s parents.

Cr McMullen declared an Impartiality interest in item 17.2 as his parents own a licenced establishment in Esperance CBD.

 

7.       PUBLIC QUESTION TIME

1.   Dr Nieukerke – Sand Hills on Ocean Road

Dr Nieukerke questioned if something can be done to improve the safety of the sand hills on Ocean Road – considering that they are open to the public and that there have been children playing here, for example some netting.

 

Mr Walker responded that it is an active construction site and needs to be accessible to the workers and their vehicles. Sand is being regularly removed. Fencing does not work.

Cr Mickel thanked Dr Nieukerke for raising his safety concerns in relation to the site.

 

Dr Nieukerke thanked the DFES, Pink Lake and Town Fire Brigades for their tireless efforts and great job with containing recent fires – including 14 and 11 Mile beach.

 

2.    Mr Smoker – 1. Jetty Markings

Mr Smoker provided a photograph of the ceiling of the second shed on the new jetty and asked if we can paint over stains or clean them up. He also asked if there was a way we avoid this in the future.

 

Cr Mickel responded that we need to find a way to address the graffiti issue, as well as clean it up as soon as practical. He thanked Mr Smoker for bringing it to the Shire’s attention and encouraged any community members who see graffiti taking please to please let the Shire know.

 

Mr Smoker responded that they may not be deliberate marks, for example they could be ink marks made by squid. He suggested signage asking people not to clean their caught squid in the sheds.

 

3.   Mr Heasman – Item 17.2 – Waive of Rates for Esperance Motor Hotel.

Mr Heasman notified Council that he wished to speak to Item 17.2 at the time of debate.

 

Cr Mickel confirmed that there would be no space for public debate or questions at the time of the discussions for the item, due to the fact that it is to be considered by Council behind closed doors.

 

Mr Heasman made a statement in relation to this item, and encouraged the councillors to consider how the rate paying community of Esperance may be very unfavourable of the rates being waived. His concerns related to the understanding that the owners of the property appear to have been afforded more flexibility than other commercial businesses, and that the building has remained unsightly and poorly managed without any steps forward in regards to renovations and overall presentation for a property with a shop front in the centre of town.

 

 

 

8.       PUBLIC ADDRESSES / DEPUTATIONS

Nil

 

 

9.       Petitions

Nil  

 

 

10.     CONFIRMATION OF MINUTES

Moved:           Cr O’Donnell

Seconded:     Cr de Haas

O1221-219

That the Minutes of the Ordinary Council Meeting of the 23 November 2021 be confirmed as a true and correct record.

CARRIED

F9 - A0

 

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

25 Nov      Attended Rotary Fund-Raiser 

26 Nov      Met with Anglicare re: Youth Mental Health

28 Nov      Constituent Meeting

2 Dec       Attended Esperance Christian School Community Concert

4 Dec       Attended Edge of the Bay Community Interaction

7 Dec       Attended Esperance Christian School Graduation

 

Cr Flanagan

1 Dec       Attended Esperance Senior High School Strategy Meeting

4 Dec       Attended Edge of the Bay Community Interaction

5 Dec       Attended Seniors Dinner

17 Dec      Attended Esperance Shire Christmas Lunch

 

Cr O’Donnell

22 Nov      Visited Esperance Homecare and delivered Meals on Wheels

26 Nov      Attended ECCI event, Esperance Women’s Leadership Networking Event

27 Nov      Attended Jack And The Beanstalk At The Bijou Theatre

30 Nov      Attended Briefing with Esperance Homecare

1 Dec       Attended ESHS Upgrade-Strategy Meeting with Peter Rundle

1 Dec       Attended RAC Esperance Holiday Park Opening Event

2 Dec       Attended and Presented Citizenship Award at Nulsen Primary School Graduation

4 Dec       Attended Edge of the Bay Community Interaction

5 Dec       Provided transport and served at Senior Christmas Dinner

8 Dec       Attended Visitor’s Centre Sundowner

9 Dec       Attended Esperance Home Care Volunteers Christmas Dinner

13 Dec      Attended Castletown Primary School Graduation

13 Dec      Attended and Presented Citizenship Award at Scaddan Primary Graduation

15 Dec      Attended Cascade Primary School Graduation

 


Cr Graham

1 Dec       Attended ESHS Upgrade-Strategy Meeting with Peter Rundle

1 Dec       Attended RAC Esperance Holiday Park Opening Event

10 Dec      Attended Esperance Primary School Graduation

17 Dec      Esperance Shire Christmas Lunch

 

Cr de Haas

25 Nov      Met with Cr O’Donnell and a community member

26 Nov      Esperance Women’s Leadership Networking Event

1 Dec       ECCI AGM

1 Dec       Attended ESHS Upgrade-Strategy Meeting with Peter Rundle

1 Dec       Attended RAC Esperance Holiday Park Opening Event

2 Dec       Regional Local Government Waste Forum

4 Dec       Attended Edge of the Bay Community Interaction

5 Dec       Served at Senior Citizens Dinner

7 Dec       Attended OLSOTS Graduation

15 Dec      Attended Cascade Primary Graduation

17 Dec      Esperance Shire Christmas Lunch

 

Cr Horan

27 Nov      Attended Pick Lake Fire Brigade wind up night

1 Dec       Attended RAC Esperance Holiday Park Opening Event

2 Dec        Jade Sanderson waste management  

5 Dec        Provided transport and served at Senior Christmas Dinner

8 Dec       Attended Visitors Centre Sundowner

9 Dec        Attended Wongutha Caps Awards Night  

17 Dec      Esperance Shire Christmas Lunch

 

Cr McMullen

1 Dec       Attended ESHS Upgrade-Strategy Meeting with Peter Rundle

1 Dec       Attended RAC Esperance Holiday Park Opening Event

4 Dec       Attended Edge of the Bay Community Interaction

5 Dec        Assisted at Seniors Christmas Dinner

6 Dec        Attended EACS Awards Night

8 Dec       Attended Tourism Sundowner

13 Dec      Attended Castletown graduation/Awards Presentation

17 Dec      Esperance Shire Christmas Lunch

 

Cr Chambers

24 Nov      Attended the Year 12 Presentation Awards at Esperance Residential College

26 Nov      Attended the GVROC meeting at Kambalda.

30 Nov      Attended Home and Community Services for briefing on the current operations

1 Dec       Attended the opening of RAC Caravan Park

4 Dec        Attended Edge of Bay event and spoke at the Welcome Ceremony

8 Dec       Met with Ag Show Committee

 

Cr Mickel

Nov 24      Met with Dept of Communities re: options for more public housing in Esperance

Nov 24      Attended the Year 12 Presentation Awards at Esperance Residential College

Nov 24      Attended the Esperance Senior High School Presentation Night

Nov 26      Attended the GVROC meeting at Kambalda

Nov 26     Participated in the sleepout to raise funds for the Restore Hope Foundation

Nov 30     Attended Home and Community Services for briefing on the current operations

Nov 30     Zoom meeting with Regional Manager & 2 Esperance senior members of WACHS

Dec 1        Attended the Cuppa and Chat with Museum Volunteers

Dec 1       Chaired the Strategy meeting with Councillors and Senior High School Board members

Dec 1       Attended the opening of RAC Caravan Park

Dec 2       Met with Minister for Fisheries Hon. Don Punch re: James Street Beach Enclosure

Dec 4        Attended Edge of Bay event and spoke at the Welcome Ceremony

Dec 5        Assisted at Seniors Christmas Dinner

Dec 7       Attended media event when St. Johns launched their trauma kit program.

Dec 8       Met with Principal of ESHS for briefing on a strategic plan needed to guide future building upgrades at the site of Senior High School

Dec 8       Attended the Visitor Centre Tourist Centre Sundowner

Dec 9        Attended the IGO Work Experience presentations

Dec 9       Attended via Zoom the RCAWA Annual General Meeting

Dec 9       Attended the Wongutha CAPS School Graduation presentation night

Dec 10      Attended the Munglinup Primary School Graduation Night

Dec 14     Attended the Salmon Gums Primary School Graduation Night

Dec 17      Attended the Shire Staff Christmas party

Dec 15     Attended the Condingup Primary School Graduation Night

Dec 18     Attended briefing by Esperance Volunteer Sea Search & Rescue


12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1   External Services

Item: 12.1.1  

Proposed Food Organics Garden Organics (FOGO) Service

Author/s

Holly Phillips

Director External Services

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D21/40844

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

The intent of the report is to present the findings of a recent Shire survey undertaken to gauge community views on the potential introduction of a Food Organics Garden Organics (FOGO) collection service for the Esperance Community.

 

The report also provides an indicative timeframe for community engagement activities, and precedes the delivery of the FOGO Communications and Engagement Strategy, Budget and Operational Implementation Plan. These documents will be presented to Council in early 2022 to inform potential investment decision making for the service.

 

Recommendation in Brief

That Council receive the findings of the Food Organics Garden Organics (FOGO) Survey and note that community-wide support exists for the introduction of a FOGO collection service for the Esperance community. Further, that Council note the indicative timeframes for communications and engagement activities associated with the proposed FOGO service.

 

Background

In late 2021, the Shire undertook a survey to gauge views on the potential introduction of a Food Organics Garden Organics (FOGO) collection service for the local community.

 

Undertaken between 14 October and 12 November 2021, the survey explored community behaviours and attitudes towards FOGO to inform future investment decision making by Council.

 

The survey obtained feedback across the following themes:

·     General community awareness and knowledge of FOGO;

·     Current household waste and organics disposal practices;

·     The potential to reduce general waste bin sizes under a Standard 3-Bin System;

·     The level of support for the introduction of a FOGO collection service; and

·     The level of community tolerance for increased rates service charges.

 


Methodology

The survey was comprised of 15 questions which were created in SurveyMonkey. The survey was structured to gain quantitative feedback, with respondents restricted to a choice of predetermined options. The final survey question provided respondents with the opportunity to provide qualitative feedback.

 

Officer’s Comment

The survey received 361 responses corresponding to 3.4% of the Shire’s population.

 

The survey target was for a statistically significant sample of 371 responses (95% confidence level) or 266 responses (90% confidence level). Based on this, the results can be interpreted as being the representative views of the Shire’s population with less than a 10% margin of error.

 

Figure 1.0 – Respondent Age

P354#yIS1

 

As indicated in Figure 1.0, a diverse range of ages were represented in the survey with 99% of respondents over the age of 18. People between the ages of 45-54 represented the largest respondent cohort (25%).

 

The representation of some age groups may be distorted in the survey when considered against population demographics (e.g. under representation of people aged between 18-24). This did not impact upon findings given no particular age group was targeted for analysis.

 

The Shire structured questions to constrain the completion time of the survey. Respondents were not asked to identify as being a household or business therefore the results did not interpret any differing views across these sectors. 


Quantitative Findings

Figure 1.1 - Have you heard of a Food Organics Garden Organics (FOGO) service?

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As indicated in Figure 1.1, the majority of respondents (72%) had previously heard about FOGO. It was not possible to correlate this result with FOGO awareness levels elsewhere (i.e. Regional or State comparison) due to an absence of public data. However, it is apparent a strong level of FOGO awareness exists in the community.

 

Figure 1.2 - If you answered "Yes" to number 1, how do you rate your knowledge of materials that can be processed through the FOGO process?

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Respondents who had previously heard of FOGO were asked to scale their level of understanding of the materials that could be processed, ranging from 0 (no level of understanding) to 100 (high level of understanding). As shown in Figure 1.2, respondents had limited understanding with a mean score of 53 out of 100. This indicates a requirement for strong waste education and engagement programs across the community.


Figure 1.3 - What level of positive impact do you think a dedicated bin for food & garden waste will have on the local environment?

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Respondents were asked to scale the potential positive impact of FOGO on the local environment, ranging from 0 (no positive impact) to 100 (very positive impact). As shown in Figure 1.3, the mean score was 80. While mean score was 80, the mode score was 100 (41%). This indicates that even respondents who would not use the service could recognise the potential environmental benefits of FOGO.

 

Figure 1.4 - What do you currently do with food waste?

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Figure 1.5 - What do you currently do with garden waste? e.g. grass clippings and prunings

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There was considerable variability in the waste disposal practices of respondents. As shown in Figure 1.4 and 1.5, almost half (47%) of respondents dispose of their food and garden waste into the general waste bin. This supports the Shire’s 2018 Waste Audit findings which stated 53% of general waste had the potential to be diverted from landfill.

 

Figure 1.6 - Do you feel that the FOGO initiative would work well with your household?

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Figure 1.7 - Would you separate your food waste into a FOGO bin if a kitchen caddy (inc. compostable liners) and a kerbside bin service were provided to you?

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As shown in Figure 1.6 and 1.7, most respondents (82%) felt FOGO would work well in their household, and would separate their food waste into a FOGO bin if appropriate supports were provided to them (86%). This indicates the Shire should consider providing kitchen caddies to properties if FOGO is implemented.

 

Figure 1.8 - If you already manage your food and garden organics (e.g. by home composting or using a gardening service) will you continue to do so if Council introduce a FOGO kerbside bin service?

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As shown in Figure 1.8, most respondents (76%) who self-managed their organics would continue to so if a FOGO service was introduced. Some respondents (24%) would potentially adapt their composting practices and place material into the FOGO system. It is also important to note that some respondents will not be able to access a FOGO service given their geographic location.

 

Figure 1.9 - How often do you place your general waste bin (green bin) out for collection?

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Figure 2.0 - How full (on average) is your general waste bin on collection day?

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As shown in Figure 1.9 and 2.0, most respondents (85%) place their general waste bin out for collection each week. Given many bins (66%) are less than full at the time of collection, a Standard 3-Bin System may be warranted.


Figure 2.1 - How often do you place your recycling bin (blue bin) out for collection?

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Figure 2.2 - How full (on average) is your recycling bin on collection day?

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As shown in Figure 2.1 and 2.2, most respondents (89%) placed their recycling bin each fortnight. Given many (60%) bins were either full or overflowing, there may be a need for the Shire to consider either:

 

·     An increase in the size of recycling bins (from 240L to 360L capacity);

·     Providing a weekly recycling service (annual costs $200k+); or

·     Providing greater community education on recycling methods (e.g. flattening boxes).

 


Figure 2.3 - How supportive are you of Council implementing a FOGO kerbside bin service in the near future?

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Respondents scaled their level of support for the introduction of a FOGO service, ranging from 0 (not supportive at all) to 100 (very supportive). As shown in Figure 2.3, respondents had a high level of support for FOGO with a mean score of 85. While mean score was 85, the mode score was 100 (55%) indicating stanch support by many members of the community.

 

Figure 2.4 - In order to provide any additional services, would you tolerate an increase in your service charge on your rates, and by how much?

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As shown in Figure 2.4, most respondents (79%) would tolerate increased service charges on their rates to access a FOGO collection service. Some respondents (21%) indicated they would not pay more. While this affirms a general level of tolerance towards increased charges, those opposed to any increases were extremely vocal against paying more in their rates (as shown in the qualitative responses).

 

Qualitative Findings

For the most part, the qualitative survey responses indicated the need for greater FOGO education, including revenue streams, pest and odor management, cost factors and access to end-products.

 

Significant opportunities exist to promote the benefits of a composting facility for the whole community (even those who won’t access the service), through education on compost products, operational cost savings (e.g. parks & reserves uses, reduced transport costs to the Coolgardie landfill), and agricultural benefits.

 

As shown in Table 1.1, cost, or more specifically respondents not wanting to pay for a service they won’t use, was a key concern raised by opponents of the service. Greater support for FOGO may be achieved in this cohort by illustrating how cost neutrality may be achieved within certain parameters. However, it is recognized that some respondents are resolute in their opposition due to the perceived impost on lifestyle.

 

Finally, the option of opt-in/opt-out for FOGO requires consideration by the Shire given the difficulties of monitoring and managing arrangements, cost structures and individual property circumstances.

 

Table 1.1 Any other comments / questions?

Theme

Comments

Waste Behaviours and Attitudes

 

“I only manage to compost 50% of food waste in worm farm so this bin would be great.”

“It's a good idea but I'm not confident that enough of the public would adhere to the rules and that it would end up costing more in environmental damage for implementation than the benefits.”

“I don't think the majority of householders would put enough thought into their actions.”

“I currently do my own composting, so I would not need an extra bin, but understand others might.”

“My priority, on a farm, would be the Blue Bin service. I wouldn't use a FOGO bin at all.”

“I use worm farm and bokashi but I have limited space to put my bokashi so have been putting some food waste in general waste which I hate.  I need another worm farm!  I believe dog poo and meat can go into FOGO too?  So exciting.”

“I currently use a small amount of food waste and garden waste for composting but a lot that I don’t.”

“I would use the FOGO bin more for garden waste/clippings that I can’t mulch.”

“Concerns of smell from fish frames & pests attracted to smells.”

Product End-Uses

 

“It would be good for Cafe restaurants as well as most of their waste is fogo. It would be good to see the waste turned into compost for the community.”

“I would expect to be able to access some of this compost as a rate payer.”

Environmental Impact

 

“I know the planets in terrible trouble.”

“This service is needed because most people don't compost their own food and green waste, so it would stop all that being sent to landfill.”

“This is an excellent initiative. I am so glad the council is taking this on to reduce the methane generated from rotting organics in general waste sites. I think it’s a great opportunity to educate our children on what organic matter is and how it can generate new life.”

“Congratulations to the Shire’s waste management team on such a fantastic recycling program - the more opportunities there are at recycle and reduce waste in landfill the better! Thank you for all your hard work to establish and promote these programs and to keep them running.”

“I think it's a great initiative. Especially if organic products and mulch can be made. To make it valuable not just land fill and producing gasses that are environment negative.”

“Given that we will be trucking waste to Coolgardie this will significantly improve our impacts by less trucks.”

“Great initiative! We need to get going on minimising our waste impact, even if it is to start training ourselves for the big environmental push for change.”

“Let's do this! We can't keep sending organics to landfill - we need to reduce potent GHG emissions and landfills are a big source of methane.”

Functions and Operations

 

“Should have smaller size bins for people in units.”

“Perhaps a trial/ placing large bins on corners and asking residents to add fogo on a particular day. Also, trial FOGO bins at the markets and events, providing many bins and instructions, seeking the feedback.”

“Great initiative. Supported with clear guidelines of what’s to be put into the FOGO will be great. Also, weekly collection preferred if possible.”

“I am so excited that the council is investigating a FOGO system. Cloth nappies are another way to reduce waste significantly for many families. Many other councils have successfully implemented a cloth nappy subsidy scheme. I would love if the council could also investigate this.”

“need the recycling bin (blue bin) taken weekly dew to it being full so at the moment have to put recycling in green bin as well”

“The introduction of the 3rd bin should not reduce the size of other bins, usually we have more recycling than can be held and it waits until we can self-haul to the rubbish tip or until we can slowly integrate into our fortnightly pick-ups.”

“With extra bins and bottle recycling the bins will have less waste for the green and blue bins and not need to go out weekly.”

“Kerbside bulk waste collections would be helpful too.”

Opt-in versus Opt-out

 

“I have seen this system implemented recently, in Albany. Although I understand the reasoning, providing one small counter top bin for a family of 6 (or any family with young children!) Creates so much work. I've seen this bin emptied up to 4 times a day between fruit scraps, meal prep and general food waste.   Extra chores that don't need to be done.   This bin can be helpful to many people but should not be enforced on every household because not every household is currently suited to having one.”

“It needs to be a choice by householder.”

“Would like to see it not compulsory due to many people doing their own composting etc.  I presume this would drastically reduce the amount of waste in general waste bins. This could mean this pick-up service could drop back to fortnightly like recycling pick-ups, hopefully reducing costs for ratepayers.”

“I believe a Fogo bin should be optional to home owners as having an option between home compost or bin and mandatory to rental housing. So, then we could change to recycle blue bin every week and normal bin every fortnight.”

“Every householder should be asked yes or no if they want the extra bin and be prepared to pay for it. Not just decided for them by minority rules. If they want one or not - every house hold has different circumstances. Those who want one should. Those that don't should not get one or have to pay. That is the fair way. Perhaps a letter should be sent to every household with a yes or no vote for the bin with a time line for a reply.”

“I believe that it should be an opt out for people especially those who live on acreage and already follow composting practices.”

“Think opt-out should be an option as we don't have much waste for a FOGO bin but the idea is great.”

Cost

 

“Incorporate extra fees into rate notice so you don't know the breakdown.”

“I feel our rates are already high for a regional town and would not like to see the rates increase in an already expensive world we live in; however, I strongly feel that we can reduce our landfill with this initiative.”

“This is the problem you will have - pay for it - excellent service but I don't need it and many who compost/feed animals don't need it and you will want everyone to pay for it.”

“I think it is a great idea which should be implemented. Maybe go to smaller or bi weekly green (dirty) bin pick up to compensate costs? But happy to pay extra rates too.”

“Resell compost use compost for shire gardens and parks.”

“I already deal with all my food and green waste. Why should I be forced to pay for another bin I don't need.”

“For many years we have been following the direction from the Shire to deal with all our waste in the correct manner. We do not want the cost of a service that we do not need.

“Should sell processed material and make money instead of increasing the rates - work out a good business plan.”

“For some people, $20 means the difference between eating or not eating for the week”

“This is a great idea, but I don't believe Council should charge or people won't use it.”

“Due to this being for an environmental decision, and the fact we already pay for bins and we already recycle and have compost and worm farm as a rate payer I would not want to pay for another bin service.”

“I already compost all my FOGO. I don't want a third bin. I would deeply resent being forced to pay additional rates for something I neither need nor want.”

“It's a great concept but unfortunately doesn't have a significant environmental impact and comes at a cost to ratepayers for no real gain.”

“Why would I pay extra if I'm going to be charged ill just put food scraps in the bin like I have my whole life.”

“It would be great to have rate payers who are already using worm farms, compost or poultry to manage their own green waste to be exempt in their rates.”

“Prefer not to pay more in my rates, it's just compost.”

“If introducing this it should not come at a cost.”

“Cost?”

Education

 

“Keep going - Educate the people! Hasn't worked city first up!”

“It's confusing!”

“Training the community to recycle their own waste would be more of a positive idea, and lessen their rates according to how environmental they are. Also, could be a saving for those that don’t need a bin service every week.”

“Education is the real way to fix but unfortunately a lot of people don’t want to learn or it’s too hard.”

 


Conclusion

The overall findings from the survey were as follows:

·        The proposed FOGO service is strongly supported by the Esperance community, even if residents are required to pay more to access the service;

·        The community requires extensive waste education and engagement. A successful education program will be critical to the successful implementation of a FOGO service;

·        The majority of residents believe a FOGO service will have a positive level of impact on the local environment, including respondents who would not use the proposed FOGO service;

·        While waste disposal practices are varied in the community, considerable potential exist to divert current waste levels from landfill, and altered bin sizing arrangements could be accommodated based on estimated waste levels;

·        Household supports will be a key factor in the successful implementation of the proposed FOGO service and should be considered as part of any investment decision;

·        Not all residents will use the proposed service as they are resolute in their opposition to paying for a service they won’t use regardless of whether it comes at an increased cost or not.

 

Next Steps

Officers presented the Draft Communications and Engagement Strategy for the FOGO Project to Council on 14 December 2021. Considerable work has occurred within the Shire to advance the consultation process, and to provide a pathway to achieve community-wide support and adoption of a FOGO collection service for the Shire.

 

The engagement stages proposed for the Project are as follows:

Stage

Objective

Strategies

Early Engagement

 

18 to 24 months before Launch 

1.   To raise awareness and obtain feedback on the potential introduction of FOGO.

1.   Revisit past research undertaken by the Shire.

2.   Identify target audiences and build strategies to raise awareness.

3.   Obtain early community feedback on the potential service introduction.

Consultation and Service Design

12 to 18 months before Launch

2.   To design a fit-for-purpose, Council-backed, service.

 

4.   Identify behaviour change barriers and motivators for the community.

5.   Engage Council on service design options.

6.   Secure a final investment decision from Council.

Announcement

6 to 12 months before Launch

 

3.   To generate a clear understanding of FOGO success factors.

 

7.   Notify stakeholders of service commencement.

8.   Provide early education to reinforce the benefits of FOGO.

9.   Communicate project success factors.

Lead Up and Launch

3 to 6 months before Launch (and Launch)

 

4.   To successfully rollout the service to the community.

 

10. Build change awareness and participation.

11. Facilitate service implementation.

12. Establish monitoring and feedback systems.

Ongoing Education 

Ongoing

 

5.   To deliver ongoing education to improve landfill diversion rates over time.

 

13. Implement targeted and sustained educational interventions.

14. Influence user behaviour, increase participation and improve diversion rates over time.

15. Report back to the community on performance.

Monitoring and Evaluation

Ongoing

6.   To monitor and evaluate performance to continuously improve the service.

 

16. Assess progress against objectives.

17. Identify opportunities for continuous improvement.

18. Provide ongoing reporting on program outcomes.

 

The key communications and engagement activities (presented as ‘end’ dates) for the Project are as follows:

 

Early Engagement (Complete)

·     August 2021 - Review past consultation and research

·     September 2021 - Obtain insights from other LGAs

·     October 2021 - Appoint project team members

·     October 2021 - Identify stakeholders and prepare Stakeholder Engagement Matrix

·     November 2021 – Prepare Draft Communications and Engagement Strategy

·     November 2021 - Provide general promotion of FOGO (various actions)

·     November 2021 - Establish community behaviours and attitudes via a Community Survey

 

Consultation and Service Design

·     December 2021 - Explore resident expectations, priorities, and barriers

·     December 2021 - Determine operational and construction costs

·     February 2022 - Present consultation strategy, and community feedback results to Council (including FOGO Budget and Operational Implementation Plan).

·     February 2022 - Achieve Council determination

·     June 2022 - Promotion through various platforms

 

Announcement

·     July 2022 - Develop brand and align Project team

·     Jan 2023 - Announce service changes

·     Jan 2023 - Build internal change awareness

·     Jan 2023 - Engage stakeholders

·     Jan 2023 - Identify FOGO champions

·     Jan 2023 - Promote intended outcomes and targets

 

Lead Up and Launch

·     April 2023 - Initiate introductory messages

·     June 2023 - Hold a launch event

·     June 2023 - Notify stakeholders of service commencement

·     June 2023 - Develop a customer service strategy

·     June 2023 - Liaise with media team

·     June 2023 - Facilitate customer service training across all applicable areas

·     June 2023 - Rollout FOGO across the community

·     June 2023 - Identify feedback and monitoring systems

·     1 July 2023 - FOGO GOES LIVE

·     July 2023 - Publicise requirements

·     July 2023 - Determine waste baselines

·     July 2023 - Develop bin inspection program

 

Ongoing Education

·     Ongoing - Deliver ongoing education

·     Ongoing - Implement a pledge campaign

·     Ongoing - Analyse community attitudes

·     Ongoing - Collect stories to celebrate success

·     Ongoing - Incentivise good and penalise bad behaviour

·     Ongoing - Publicise regular reminders

·     Ongoing - Report results to the community

·     Ongoing - Provide Progress Report(s)

·     Ongoing - Evaluate communications activities

 

Monitoring and Evaluation

·     Ongoing - Regularly assess performance

·     Ongoing - Conduct formal waste audit

·     Ongoing - Assess lessons learned

·     Ongoing - Implement service design changes

·     Ongoing - Conduct ongoing engagement through established channels

·     Ongoing - Undertake statutory reporting (Annual Report and Pulse Reporting)

 

The aforementioned activities, do not include operational factors associated with FOGO (procurement, contract management, waste transfer station development). This information will be provided when the Final Communications and Engagement Strategy, Budget and Operational Implementation Plan is presented to Council in early 2022.

 

Consultation

The survey was promoted via the Shire’s Facebook and Instagram pages, with stalls and demonstration held at the Esperance Agricultural Show on 15 and 16 October 2021, and at the Boulevard Shopping Centre on 10 November 2021. Survey responses were accepted online and in person, with hard copies available in the Shire administration building for the duration of the survey period.

 

Financial Implications

There are no financial implications arising from the recommendations contained in the report. Costings associated with the potential rollout of the service will be contained in the FOGO Communications and Engagement Strategy, Budget and Operational Implementation Plan to be presented to Council in 2022.

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that is empowered and motivated to minimise waste

Targeted reduction of waste with an emphasis on resource recovery and waste minimisation

 

Corporate Business Plan 2021/22 – 2024/25

Best practice waste management.

 

Environmental Considerations

Nil

 

Attachments

Nil


RECOMMENDATION AND DECISION

12.1.1     Proposed Food Organics Garden Organics (FOGO) Service

Moved:           Cr Obourne

Seconded:     Cr de Haas

O1221-220

Council Resolution

That Council:

1.       Receive the findings of the Food Organics Garden Organics (FOGO) Survey;

2.       Note that community-wide support exists for the introduction of a FOGO collection service for the Esperance community; and

3.       Note the indicative timeframes for communications and engagement activities associated with the proposed FOGO service.

CARRIED

F9 - A0

 

  


Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 26

12.2   Asset Management

Item: 12.2.1  

Disposal of Toyota Coaster

Author/s

Mathew Walker

Director Asset Management

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D21/41483

 

Applicant

Esperance Education Support Centre

 

Location/Address

N/A

 

Executive Summary

For Council to consider disposal of a 2015 Toyota Coaster Bus to Esperance Education Support Centre.

 

Recommendation in Brief

That Council dispose of the Toyota Coaster Bus to Esperance Education Support Centre, as per the offer of $66,000 Inc GST, via a Public Notice as per section 3.58(3)(a) of the Local Government Act 1995.

 

Background

The community bus has been listed in the 2021/22 budget for disposal given the very low usage of the bus and that other options for bus hire are available in town. Attachment A includes a summary of the usage of the 2015 Toyota Coaster Bus.

 

Shire Officers have obtained a market valuation of the 2015 Toyota Coaster Bus of between $60,000 and $70,000 Inc GST, see attachment B

 

Shire Officers put a call out to local community groups to see if any organisation were interested in purchasing the bus to keep it in the community, before we considered put the bus up for auction. From this process, we have had an offer from Esperance Education Support Centre, who would like to acquire the bus for use at the Esperance Senior High School, see attachment C.

 

Officer’s Comment

Officers have considered the request from Esperance Education Support Centre and believed that there is community benefit in retaining the bus within Esperance and is also value for money given the valuation range.  Given these reasons officers believe it is worth Council to consider disposing of the 2015 Toyota Coaster Bus directly to the Esperance Education Support Centre via a public notice.

 

Should there be concerns regarding the proposed disposal, the public notice process will allow community members to make a submission on the proposed transaction, which is not final until Council has had an opportunity to considered any submission received via this process.

 

Consultation

Esperance Education Support Centre

Pickles

 


Financial Implications

The Shire has received a market valuation for the Toyota Commuter Bus of between $60,000 to $70,000 Inc GST. Esperance Education Support Centre have offered $66,000 Inc GST for the Toyota Commuter Bus.

 

Asset Management Implications

Nil

 

Statutory Implications

Section 3.58 Disposal of Property, Local Government Act 1995

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2019 - 2029

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

 

Corporate Business Plan 2021/22 - 2024/25

L2.1 Manage Shire Fleet

 

Environmental Considerations

Nil

 

Attachments

a.

Community Bus Report

 

b.

Pickles - Valuation of Bus

 

c.

Esperance Education Support Centre - Offer for Bus

 

 


RECOMMENDATION AND DECISION

12.2.1     Disposal of Toyota Coaster

Moved:           Cr Horan

Seconded:     Cr Flanagan

O1221-221

Council Resolution

That Council dispose of the Toyota Coaster Bus to Esperance Education Support Centre, as per the offer of $66,000 Inc GST, via a Public Notice as per section 3.58(3)(a) of the Local Government Act 1995.

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 29

P781#yIS1


Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 30

P782#yIS1


Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 31

P783#yIS1 


Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 32

12.3   Corporate & Community Services

Item: 12.3.1  

Council Committees - Terms of Reference Review

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/33759

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

For Council to consider the reviewed Terms of Reference for Council Committees and appoint members to external committees and working groups.

 

Recommendation in Brief

That Council;

·     Adopt the reviewed Terms of Reference for Council Committees;

·     Agree to disband some committees;

·     Agree to some committees becoming working groups; and

·     Appoint members to external committees and working groups.

 

Background

Under the Local Government Act 1995 s.5.11, committee membership expires on the Ordinary Election Day of Council which occurs biennially. As a result, all positions on Council Committees are vacant, and Elected Members, organisational representatives and community representatives need to be appointed.

 

This also provides an opportunity to review the current Terms of Reference for all Council Committees, ensuring they are up to date and relevant.

 

Elected Members also need to be nominated to working groups, and external committees that Council has a vested interest in.

 

Members were appointed to the Bush Fire Advisory Committee and Audit Committee during the October 2021 Council Meeting.

 

Officer’s Comment

During the 2021 review of Council Committees, many officers responsible for committees commented that they were having trouble achieving quorum at their meetings which was making it difficult for the committees to be effective as they were therefore unable to make decisions. As such, it is recommended that some committees become informal working groups to allow greater flexibility in how they are managed in order to increase their effectiveness.

 

It is recommended that all community and organisation representatives who are currently appointed to our committees be reappointed to their respective positions. This will allow all committees to continue to function with no delays due to existing members needing to reapply for positions. All committees and working groups will then be advertised for expressions of interest.

It is recommended that the Shire President is appointed to represent Council on the Regional Capitals Alliance of Western Australian (WARCA) and the Deputy Shire President appointed as deputy member as this is consistent with the other Local Governments that form the WARCA.

 

Discussion with WALGA has confirmed that elected members must be formally appointed to Working Groups and as they are informal groups, absolute majority is not required for these appointments. The Working Group Terms of Reference do not need to be formally endorsed by Council, however have been included as an attachment to this report for reference.

 

The table below outlines proposed changes to the Terms of Reference for our council committees.

Document Section

Proposed Change

Reason

Introduction

Include Working Groups

Working Groups have been identified to be necessary to increase flexibility in our committees

Quick Reference

Remove various committees

Updated to remove disbanded committees and those which are to become working groups

Audit Committee

No change

Reviewed in October 2021 Council Meeting

Bush Fire Advisory Committee

No change

Reviewed in October 2021 Council Meeting

Esperance Roadwise Committee

To become working group

Greater flexibility for managing committee

Esperance Twin Town Committee

To become working group

Greater flexibility for managing committee

Greater Sports Ground Redevelopment Committee

Disband

No longer be necessary now that the Master Plan has been finalised.

Scaddan Restoration Reference Group

Disband

Not required, any discussion or progress for this project will be held with the Scaddan Country Club, which is made up of members of the local community.

Esperance Visitor Centre Management Committee

Disband

No longer necessary as Tourism Strategy is now completed.

Youth Advisory Council

Disband

Community Development team to reach out to Youth for input on a project by project basis.

New Landfill Community Reference Group

Disband

No longer necessary as Council has resolved to transport waste to Coolgardie

Museum Management Reference Group

To become working group

Greater flexibility for managing committee

Reconciliation Action Plan Working Group

To become working group

Greater flexibility for managing committee

Local Recovery Committee

Disband

No longer necessary as COVID is not currently impacting. Can be reinstated if necessary in future.

Economic Sub-Committee

Disband

No longer necessary as COVID is not currently impacting. Can be reinstated if necessary in future.

Community Support Sub-Committee

Disband

No longer necessary as COVID is not currently impacting. Can be reinstated if necessary in future.

Streetscape Advisory Committee

To become working group

Greater flexibility for managing committee

CEO Recruitment Committee

Disband

Not required as we are no longer recruiting this position.

Working Groups

Include section in document, capturing all working groups within the Shire.

To record Elected Member representation on working groups

External Committees

Remove Adventureland Park Management Committee

Committee is likely to disband in near future now that park upgrades are complete.

Remove reference to GERCG

This is the same as GVROC

Remove Ralph Bower Foundation

Committee hasn’t met since last election and is considered to be inactive

 

Consultation

Officers responsible for Committees and Working Groups

Executive Management Team

Briefings with Council 7 September 2021 and 23 November 2021

WALGA

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995

Standing Orders Local Law 2015

 

Policy Implications

EXE 020: External Committee Representation

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

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

 

Corporate Business Plan 2021/22 – 2024/25

Facilitate Councillor’s Requirements to Represent the Community

 

Environmental Considerations

Nil

 

Attachments

a.

Reviewed Terms of Reference 2021 - Under Separate Cover

 

b.

CEO Recruitment Committee Terms of Reference - Under Separate Cover

 

c.

Working Group Terms of Reference - Under Separate Cover

 

 


RECOMMENDATION AND DECISION

12.3.1     Council Committees - Terms of Reference Review

Moved:           Cr O'Donnell

Seconded:     Cr de Haas

O1221-222

Council Resolution

That Council;

1.       Adopt the reviewed Terms of Reference for Council Committees;

2.       Disband the following Council Committees;

·        CEO Recruitment Committee

·        Local Recovery Committee

·        Community Support Sub-Committee

·        Economic Sub-Committee

·        Esperance Visitors Centre Management Committee

·        Greater Sports Ground Redevelopment Committee

·        New Landfill Community Reference Group

·        Scaddan Restoration Reference Group

·        Youth Advisory Council

3.       Approve the following Council Committees to become informal Working Groups with Council Representation;

·        Esperance RoadWise Working Group

·        Esperance Twin Towns Working Group

·        Reconciliation Action Plan Working Group

·        Streetscape Working Group

·        Museum Management Working Group

·                Business Round Table Working Group

·                Cemetery Working Group

·                Disability Access and Inclusion Plan Working Group

·                Esperance Tourism Stakeholder Working Group

·                Sustainability Working Group

4.       Request the CEO to advertise for expressions of interest to fill positions on all Council Committees and Working Groups;

5.       Request the CEO to write to identified organisations asking them to provide their nominated Representatives and Deputies to the Council Committees and Working Groups; and

 

 

6.       Appoint Members to Working Groups and External Committees as follows;

Working Groups

Working Groups

Members

Esperance Roadwise Working Group

Cr Horan

Esperance Twin Towns Working Group

Cr Obourne

Reconciliation Action Plan Working Group

Cr Mickel

Cr Flanagan

Streetscape Working Group

Cr Graham

Cr McMullen

Cr Obourne

Museum Working Group

Cr O’Donnell

Business Round Table Working Group

Cr De Haas

Cr Mickel

Cr Flanagan

Cemetery Working Group

Cr O’Donnell

Disability Access and Inclusion Working Group

Cr Obourne

Cr O’Donnell

Esperance Tourism Stakeholder Working Group

Cr De Haas

Cr Chambers

Cr O’Donnell

Sustainability Working Group

Cr De Haas

Cr Mickel

External Committees

Committee

Members

Deputy

Local Emergency Management Committee

Cr Chambers

Cr Mickel

Port of Esperance – Port Consultative Committee

Cr Horan

N/A

Regional Road Group

Cr Mickel

Cr Graham

Senior Citizens Centre Management Committee

Cr O’Donnell

Cr Mickel

Regional Capitals Alliance of Western Australia

Cr Mickel

(Shire President)

Chief Executive Officer

Cr Chambers

(Deputy Shire President)

Tourism Esperance

Cr De Haas

Cr Flanagan

 

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 38

Item: 12.3.2  

Adoption of 2020/2021 Annual Report

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/36860

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

To present to Council for acceptance the 2020-2021 Shire of Esperance Annual Report and to set a date and time for the Annual General Meeting of Electors.

 

Recommendation in Brief

That Council:

1.       Accepts the 2020/2021 Shire of Esperance Annual Report as presented

2.       Convenes the Annual General Meeting of electors for 7pm Tuesday 8 February 2022 at the Esperance Civic Centre

3.       Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2020/2021 Shire of Esperance Annual Report and the time and date of the Annual General Meeting of Electors.

 

Background

Pursuant to sections of 5.53 and 5.54 of the Local Government Act 1995, the Shire is required to prepare an Annual Report and present it to Council for acceptance by 31 December of each calendar year.

Furthermore, section 5.57 of the Local Government Act 1995 stipulates that a general meeting of electors is to be held once every financial year but not more than 56 days after the local government accepts the Annual Report for the previous financial year.

A significant proportion of the Annual Report are the Annual Financial Statements and Associated Notes. A meeting of the Audit Committee was convened on the 23 November 2021 at 2.00pm, no issues were raised and the Audit Committee endorsed the audited 2020 - 2021 Annual Financial Report incorporating the Audit Report.

 

Officer’s Comment

A copy of the 2020/2021 Shire of Esperance Annual Report has been distributed to Elected Members. The Annual Report includes a full copy of the endorsed Annual Financial Report incorporating the Audit Report.

 

The recommended date for the Annual Electors meeting of 8 February 2022 was proposed to ensure compliance with the Act. A meeting must be called within 56 days of Council accepting the Annual Report and cannot be held until a minimum of 14 days from the date Public Notice has been provided. Under the Act, Public Notice must include an advertisement on the Shire’s website and any 3 of the methods listed under r.3A(2) of the Local Government (Administration) Regulations 1996.

 

Consultation

Chief Executive Officer

Executive Services

Corporate & Community Services

External Services

Asset Management

 

Financial Implications

Advertising costs are within the budget.

 

Asset Management Implications

Nil

 

Statutory Implications

The statutory implications associated with this item are sections 5.27; 5.29; 5.53; 5.54 and 5.55 of the Local Government Act 1995.

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

 

Corporate Business Plan 2020/21 – 2023/24

L1.5 Manage Corporate Reporting

 

Environmental Considerations

Nil

 

Attachments

a.

Annual Report 2020/21 - Under Separate Cover

 

 


RECOMMENDATION AND DECISION

12.3.2     Adoption of 2020/2021 Annual Report

Moved:           Cr Chambers

Seconded:     Cr Flanagan

O1221-223

Council Resolution

That Council:

1.       Accepts the 2020/2021 Shire of Esperance Annual Report as presented

2.       Convenes the Annual General Meeting of electors for 7pm Tuesday 8 February 2022 at the Esperance Civic Centre

3.       Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2020/2021 Shire of Esperance Annual Report and the time and date of the Annual General Meeting of Electors.

CARRIED

F9 - A0

 


Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 41

Item: 12.3.3  

Lease Renewal Request - Fly Esperance Pty Ltd - Airport Car Hire Desk 3

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/38886

 

Applicant

Fly Esperance Pty Ltd

 

Location/Address

Portion of the Esperance Airport Terminal, Lot 15 Coolgardie-Esperance Highway Gibson

P1196#yIS1

 

Executive Summary

For Council to consider renewing the lease with Fly Esperance Pty Ltd for Car Hire Desk 3 within the Esperance Airport Terminal for a further 12 months.

 

Recommendation in Brief

That Council agrees to renew the lease with Fly Esperance Pty Ltd for Car Hire Desk 3 within the Esperance Airport Terminal for a further 12 months.

 

Background

In September 2017, Goldfields Air Services began leasing this area as a booking desk for their flight services out of Esperance. These services are predominantly scenic flights with some flight training and charter flights as required.

 

In June 2021, the current lease was reassigned to Fly Esperance Pty Ltd for the remainder of the lease term, with the use of the premises remaining the same. This lease is due to expire 31 January 2022.

 

Fly Esperance Pty Ltd have advised that they wish to renew their lease for a further twelve (12) month term.

 




Officer’s Comment

Discussion with Airport Officers have determined that there are no concerns with this proposal being approved.

 

As per s.3.58(4)(c)(i) of the Local Government Act 1995, to determine the market value of the disposition we require a rental valuation to be carried out, not more than 6 months prior to the proposed disposition. In this instance, it is proposed that we utilise s.3.58(4)(c)(ii) of the Act for determining the market value of the disposition. This clause states “as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.” 

 

The Shire obtained an independent rental valuation in November 2015 for airport terminal rental space; the valuation was $250.00 (ex GST) per m2/p.a. In September 2017, Council resolved to use this November 2015 valuation to determine the annual lease fee for this premises following discussions with a local registered valuer at that time.

 

Discussions with a local registered valuer held in 2018, 2019 and 2020 determined that rental valuations in the Esperance Area had not changed significantly over the previous lease periods and so this valuation was utilised once again, however CPI was applied which increased the annual rent by $15.13 Inc GST in 2018 and $22.24 Inc GST in 2019, based on the June All Groups CPI for Perth for 2018 and 2019 respectively. No CPI increase was applied in 2020 due to COVID-19.

 

A recent discussion with local real estate agents has determined that the market since 2020 dropped slightly, however has now returned to a level similar to that in 2020. As such it is recommended that this valuation be utilised once again, applying CPI to the current annual lease fee for the renewal of the lease over this area. This will result in the annual rent for 2021 increasing by $45.20 Inc GST to be $1,457.57 Inc GST based on the September 2021 All Groups CPI for Perth.

 

Consultation

Fly Esperance Pty Ltd

Manager Council Enterprises

Airport Operations Coordinator

Thorp Realty

 

Financial Implications

Lease preparation fees of $575 Inc GST

Annual lease fee of $1,457.57 Inc GST

Aircraft parking fees of $722.02 Inc GST per annum, per aircraft

Hire fees for use of the meeting room to be charged as per the Shire’s Schedule of Fees and Charges

Landing fees to be charged as per the Shire’s Schedule of Fees and Charges and are charged and collected by Avdata on behalf of the Shire of Esperance.

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995 – s3.58 Disposing of Property

 

Policy Implications

COR004: Building and Property Leases


Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Support our businesses to grow, adapt and assist in building capacity

Develop partnerships to strengthen economic growth

 

Corporate Business Plan 2021/22 – 2024/25

Manage Shire Leases and Insurance

 

Environmental Considerations

Nil

 

Attachments

a.

Lease Renewal Request - Fly Esperance Pty Ltd

 

 


RECOMMENDATION AND DECISION

12.3.3     Lease Renewal Request - Fly Esperance Pty Ltd - Airport Car Hire Desk 3

Moved:           Cr Flanagan

Seconded:     Cr Graham

O1221-224

Council Resolution

That Council;

1.       Enter into a Lease for the portion of Esperance Airport Terminal building, Lot 15 Coolgardie-Esperance Highway Gibson, known as Car Hire Desk 3 to Fly Esperance Pty Ltd;

2.       The term of the lease being 12 months;

3.       Lease rental being $1,457.57 Inc GST and that Council consider the valuation obtained in November 2015 to be a true indication of the current market rental rate;

4.       Lease preparation fee of $575 Inc GST being payable;

5.       Landing fees being charged as per the Shire Schedule of Fees and Charges, with practice approach charges waived for training aircraft;

6.       Hire fees for use of the meeting room being charged as per the Shire Schedule of Fees and Charges;

7.       Aircraft parking fees being $722.02 Inc GST per annum, per aircraft;

8.       Terminal service fees being waived for scenic flight passengers; and

9.       The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 45

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Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 46

Item: 12.3.4  

Policy Review - External Services 2021

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/39568

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

For Council to review the section of the Policy Manual that relates to External Services.

 

Recommendation in Brief

That Council adopt the External Services policies inclusive of amendments, inclusions and deletions as reviewed.

 

Background

A review of Council Policies is recommended to take place every two years, in line with Council elections to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

 

Officer’s Comment

The following is a summary of recommended changes to the existing External Services policies. Please refer to Attachment A for details.

Ref No.

Policy Name

Recommended Amendment

EXT 001

Living on Board Vessels

Rescind policy as this activity is managed by the Department of Transport

EXT 002

Refuse and Recycling Collection Services

No change

EXT 004

Applications Lodged by Senior Employees or Elected Members

No change

EXT 005

Refusal of Planning Applications

No change

EXT 006

Non-Refundable Development Services Application Fees

Amend policy title

EXT 007

Retaining Walls

Minor wording/grammar change to Purpose section.

EXT 009

Geotechnical Testing Requirements for Structures

Minor wording change and inclusion of AS 2870 Residential Slabs and Footings to Part A

EXT 010

Method for Determining Climate Zone for Properties Located Outside Esperance Townsite

Minor wording changes

EXT 011

Wind Load Rating

Policy section: Remove reference to minimum in the first paragraph and include registered building surveyor to the second paragraph. Expand on calculation in accordance with AS 4055 in third paragraph

 

EXT 013

Outdoor Eating Facilities in Public Places

Remove reference to officer in 3(v)(b) and replace with Shire of Esperance. Adjust numbering for consistency throughout. Minor grammar adjustment to 4(viii)

EXT 015

Outdoor Personal Training in Public Places

Remove point 2 under Policy section

EXT 016

Dividing Fences

No change

EXT 017

Borrowing of Museum Exhibits

Replace Museum Management Reference Group with CEO

EXT 020

Arts Collection

Remove Committee and replace with Staff in De-accessioning and Disposal section

EXT 021

Museum Village Markets

Remove numbering in Objective section.  Include 2016 for references to Local Government Property Local Law throughout.

EXT 022

Fire Management – Roadside Burning

No change

EXT 024

Bushfire Management

Update to Exemption/Variation and Machinery Movement Ban sections. Remove form from policy.

EXT 027

Museum Collection

No change

EXT 028

Street Entertainers and Busking

Formatting to table in Schedule A.

EXT 029

Advertising Signage in a Thoroughfare or Public Place

Rewrite of policy

EXT 030

Trading in Public Places

Include Stall Holder in definition for Trader’s Permit, minor wording update to point 1 in Part F.

EXT 031

Shark Hazard Response

Remove attacks and replace with interactions in 1.1 under Purpose.

Include definition of interaction.

Updates to wording throughout.

EXT 032

Seasonal Indoor Sports Stadium Fees

No change

EXT 033

Local Planning Scheme No. 24 Advertising Requirements

Updates made to reflect changes in the Local Planning Scheme amendment no.7

EXT 034

Accommodation in a Caravan

No change

Consultation

External Services

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995 – s.2.7(2)(b) Determine the Local Government’s Policies

 

Policy Implications

Nil

 


Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

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

 

Corporate Business Plan 2021/22 – 2024/25

Provide leadership and direction to implement the Corporate Business Plan

 

Environmental Considerations

Nil

 

Attachments

a.

Reviewed External Services Policies - Under Separate Cover

 

 


RECOMMENDATION AND DECISION

12.3.4     Policy Review - External Services 2021

Moved:           Cr Flanagan

Seconded:     Cr McMullen

O1221-225

Council Resolution

That Council adopt the External Services policies inclusive of amendments, inclusions and deletions as reviewed.

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 50

Item: 12.3.5  

Hicks Street Hostel Usage

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/39673

 

Applicant

Internal

 

Location/Address

4 Hicks Street

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Executive Summary

For Council to consider options for usage of the residential property located at 4 Hicks Street Esperance.

 

Recommendation in Brief

That Council authorises;

1.   The use of 4 Hicks Street for short term crisis accommodation, upon request by relevant agencies;

2.   The CEO to enter into any such agreements on behalf of the Shire of Esperance; and

3.   The weekly rental rate to be in accordance with the Shire’s schedule of fees and charges.

 

Background

History of Site 

Following establishment of the Esperance and Districts Hospital Hostel Committee in 1962, Esperance Shire Council was lobbied for a suitable block on which to build a Hospital Hostel.

 

Despite the Shire suggesting that this building should be built on Medical Department grounds, Shire Reserves at Lots 48 and 49 Windich Street were discussed (now Ambulance Centre and Hall). Both these Reserves were vested for Shire Purposes at the time and were used then for depot and staff housing purposes.

 

Eventually a Department of Lands Reserve in Hicks Street was settled upon as being the most suitable site. The Shire swapped a freehold block in Heenan Street to obtain a Management Order and Vesting of Lot 241.

 

Reserve 

·        A Management Order to the Shire of Esperance with a specific vesting for the purpose of Hospital Hostel was granted for Lot 241 Hicks Street on 4/10/1963.

·        The current Reserve 26980, now comprises two lots; Lot 241 (Lot on which house is situated) and Lot 363 (Vacant area at the rear).

·        The current purpose of the Reserve is Hostels, Hospital and Allied Purposes.

 

Usage

The Esperance and District Hospital Hostel Committee (EDHHC) was formed in 1962. Its relationship and interaction with Shire prior to 1991 is uncertain.

 

The first lease with the Shire commenced on 1 August 1991 and the leasing arrangement ended in June 2015 when the EDHHC advised they had decided to cease operations.

 

Since 2015, the premises has mostly remained vacant with two short term leases in place as follows;

·        Six months in 2019; and

·        Three months in 2020.

 

In December 2020, a report was put to Council regarding workers accommodation at the Blue Waters Lodge, with Hicks Street being included as an option for the workers accommodation arrangements.

 

Since this arrangement was put in place, two companies have utilised the premises for their workers, one for three months and the other for one month.

 

Officer’s Comment

Over the past six years since the EDHHC surrendered their lease, the premises has been used four times for a total period of 13 months.

 

Currently the process for approving usage in the premises is to submit a report to Council for a decision, with an exception for workers accommodation as resolved in December 2020, which can be a lengthy process.

 

The current rental crisis has raised several circumstances where Hicks Street may have been able to be utilized for short term crisis accommodation, had the arrangement been more flexible. As such it is being proposed that the use of the premises be expanded to allow for crisis accommodation use, with the Shire’s CEO being authorised to enter into agreements on behalf of the Shire.

 

The current use of the Reserve does not allow for long term residential usage, however if the premises is used by multiple residents for short term stays it will be in line with the Hostels purpose allowed under the Management Order.

 

During a brief discussion with Council, a question was raised as to whether crisis accommodation was the remit of Local Governments. It is noted that this is generally a responsibility of State Government agencies, however the current lack of available accommodation in Esperance can make it difficult for these agencies to place their clients, particularly in circumstances where accommodation is required immediately.

 

It is therefore recommended that the Hicks Street property be made available for use upon referral from a relevant agency, such as Esperance Crisis Accommodation, on the condition the arrangement meets the short term use requirement.

 

Option One

Officers Recommendation

That Council authorises;

1.   The use of 4 Hicks Street for short term crisis accommodation, upon request by relevant agencies;

2.   The CEO to enter into such agreements on behalf of the Shire of Esperance; and

3.   The weekly rental rate to be in accordance with the Shire’s schedule of fees and charges.

 

Option Two

Alternative Recommendation.

That Council do not authorise a change in use for 4 Hicks Street from its current use as short term workers accommodation.

 

Consultation

Manager Community and Economic Development

Manager Strategic Planning and Land Projects

Director Corporate and Community Services

Council discussion 23 November

 

Financial Implications

Weekly rental rate as determined by the Shire’s schedule of fees and charges.

 

Asset Management Implications

The house is currently fully furnished and has undergone repairs to ensure it is fit for use.

 

Any future repairs will be determined through current Asset Management processes.

 

Statutory Implications

Local Government Act 1995

 

Policy Implications

COR004: Building and Property Leases

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Provide services, facilities and information that are inclusive and accessible

 

Corporate Business Plan 2021/22 – 2024/25

Manage Shire Leases and Insurance

 

Environmental Considerations

Nil

 

Attachments

Nil

 

RECOMMENDATION AND DECISION

12.3.5     Hicks Street Hostel Usage

Moved:           Cr Obourne

Seconded:     Cr O'Donnell

O1221-226

Council Resolution

That Council authorises;

1.       The use of 4 Hicks Street for short term crisis accommodation, upon request by relevant agencies;

2.       The CEO to enter into any such agreements on behalf of the Shire of Esperance; and

3.       The weekly rental rate to be in accordance with the Shire’s schedule of fees and charges.

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 54

Item: 12.3.6  

Telstra Corporation Limited Lease Assignment Request to Amplitel Pty Ltd - Helms Drive and Salmon Gums

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/39684

 

Applicant

Telstra Corporation Limited

Amplitel Pty Ltd

 

Location/Address

Lot 2112 Helms Drive Pink Lake, Reserve 45368 and portion of Lot 123 Coolgardie-Esperance Highway Salmon Gums.

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Executive Summary

For Council to consider reassigning the lease with Telstra Corporation Limited to Amplitel Pty Ltd for Lot 2112 Helms Drive Pink Lake, Reserve 45368 and portion of Lot 123 Coolgardie-Esperance Highway Salmon Gums.

 

Recommendation in Brief

That Council agrees to reassign the lease with Telstra Corporation Limited to Amplitel Pty Ltd for Lot 2112 Helms Drive Pink Lake, Reserve 45368 and portion of Lot 123 Coolgardie-Esperance Highway Salmon Gums.

 

Background

The current lease with Telstra Corporation Limited (Telstra) for the Helms Drive premises began in August 2020 and is due to expire 31 July 2025.

 

The current lease with Telstra Corporation Limited (Telstra) for the Salmon Gums premises began in March 2001 and is due to expire 8 March 2031.

 

Recent correspondence received from Telstra has provided notification that Amplitel Pty Ltd has bought Telstra’s stake in their towers business and therefore these leases will need to be reassigned to Amplitel Pty Ltd for the remainder of the term.

 

Officer’s Comment

This proposal is not considered to be an issue as the activity on the sites will continue in their current forms. Therefore it is recommended that the reassignments be approved.

 

As the Helms Drive site is located on a reserve, we will also require Department of Lands’ approval for this variation.

 

Both leases are registered with Landgate and so we will be required to lodge an amendment with Landgate for the lease reassignments. It is expected that Telstra will be responsible for any lodgement costs.

 

It is noted that the Shire currently has 4 leases with Telstra, however notification has not been received to date for the remaining 2 leases to be amended.

 

Consultation

Telstra Corporation Limited

 

Financial Implications

Lease variation fee of $220 for each lease

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995

 

Policy Implications

COR004: 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 2021/22 – 2024/25

Manage Shire Leases and Insurance

 

Environmental Considerations

Nil

 

Attachments

a.

Request to Assign Lease - Telstra Helms Drive

 

b.

Request to Assign Lease - Telstra Salmon Gums

 

 


RECOMMENDATION AND DECISION

12.3.6    Telstra Corporation Limited Lease Assignment Request to Amplitel Pty Ltd - Helms Drive and Salmon Gums

Moved:           Cr Chambers

Seconded:     Cr Horan

O1221-227

Council Resolution

That Council;

1.       Reassign the lease with Telstra Corporation Limited for Lot 2112 Helms Drive, Pink Lake to Amplitel Pty Ltd, subject to Department of Lands’ approval;

2.       Reassign the lease with Telstra Corporation Limited for portion of Lot 123 Coolgardie-Esperance Highway, Salmon Gums to Amplitel Pty Ltd;

3.       Charge a lease variation fee of $220 Inc GST per lease; and

4.       Lodge a request at Landgate to vary each lease with the Lessee being responsible for lodgement costs.

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 61

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Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 63

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Ordinary Council: Minutes

21 December 2021                                                                                                                      Page 64

Item: 12.3.7  

Financial Services Report - November 2021

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/41001

 

Attachments

a.

Financial Services Report - November 2021

 

 


RECOMMENDATION AND DECISION

12.3.7     Financial Services Report - November 2021

Moved:           Cr O'Donnell

Seconded:     Cr de Haas

O1221-228

Council Resolution

That Council receive the attached report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of November 2021.

CARRIED

F9 - A0

 


Ordinary Council: Minutes

21 December 2021                                                                                                                   Page 81

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Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 114

Item: 12.3.8  

Outstanding Rate - Debt Recovery GPC List

Author/s

Tania Hourn

Senior Rates Officer

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/42061

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

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

 

Recommendation in Brief

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

 

Background

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

 

Cloud Payment Group issued 161 ratepayers with a demand letter for payment to be made without further legal action proceeding. This letter dated 12 November 2021 gave the ratepayer 7 days to contact the Shire to either make payment in full or formalise a payment arrangement. This letter incurs no cost to Council, and it does not affect the ratepayer’s credit rating.

 

In comparison to the same exercise carried out last year there were 129 ratepayers issued with demand letters, with 12 ratepayers resulting in a GPC and a total outstanding debt of $27,666.

 

At the time of writing this report, there were still 30 ratepayers with balances outstanding 14 days after the first due date 29 September 2021. Of the 30 properties, 17 ratepayers have not responded to final notices, Cloud Payment Group’s demand letters and emails with notification of outstanding rates. Out of the remaining 13 there are 10 ratepayers who made ad hoc payments but did not meet the instalment guidelines. There are 2 ratepayers that have long-term debt of 2 or more years.

 

Officer’s Comment

The due date was 29 September 2021. As per Council Debt Recovery Policy, a Final Notice from the Shire was sent on 13 October 2021 to all ratepayers that had a balance of 14 days after the due date, excluding ratepayers that have elected the instalment option or entered into a formal payment arrangement.

 


The next step of our debt recovery policy is to proceed with a General Procedure Claim (GPC) to ratepayers who have not responded to the Demand Letter. A GPC will incur debt recovery costs of approximately $700 for each assessment and is added to the outstanding balance. A GPC will also affect the ratepayer’s credit rating.

 

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

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

 

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

Nil = No response to any methods of contact

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

Long-term = Debt of 2 years or more.

 

The total outstanding debt is $73,858.

 

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

The due date of the third instalment is 19 January 2022.

 

Consultation

Cloud Payment group

Thorp Realty

The Professionals Real Estate

Horizon Power

 

Financial Implications

Rates outstanding from ratepayers is $73,858.

 

Statutory Implications

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

 

Policy Implications

COR13:Debt Collection

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

 

Corporate Business Plan 2021/22 – 2024/25

4.5.15 Manage Financial Services

 

Environmental Considerations

Nil

 

Attachments

a.

GPC List 2022

 

 


RECOMMENDATION AND DECISION

12.3.8     Outstanding Rate - Debt Recovery GPC List

Moved:           Cr Obourne

Seconded:     Cr O'Donnell

O1221-229

Council Resolution

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

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                 Page 118

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Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 119

12.4   Executive Services

Item: 12.4.1  

Public Transport Trial

Author/s

Shane Burge

Chief Executive Officer

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D21/39883

 

Applicant

Public Transport Authority

 

Location/Address

Esperance Townsite

 

Executive Summary

For Council to consider supporting a trial of a town bus service to be undertaken by the Public Transport Authority (PTA).

 

Recommendation in Brief

That Council support a 12 month public transport trial in partnership with the Public Transport Authority and allocate funding as its 50% share of the costs.

 

Background

For a number of years there has been requests and calls from the community for a town bus service. This was again highlighted at the recent community consultation with the Strategic Community Plan.

 

A number of years ago a commercial operator attempted to create a community bus service, however it was withdrawn as the operator was unable to sustain the high costs associated with the operations.

 

Earlier in the year Mrs. Young from SEEDWA additionally conducted her own consultation to garner interest in the community for a community bus service. This showed a high level of support for a service and a generated a level of community interest.

 

The PTA currently provides similar bus services in many other regional towns within Western Australia and are the most appropriate agency to consider such a service in Esperance. 

 

Some further information in relation to the current PTA operations in Esperance is as follows-

·        TransEsperance is the brand name given to the regional town bus service network operating within Esperance.

·        The PTA currently uses 8 PTA owned ex-Transperth low floor buses branded ‘TransEsperance’ (similar to Transperth) and a bus depot facility to operate the bus services.

·        The TransEsperance bus service is operated by a private contractor - contracted to the Public Transport Authority.

·        The TransEsperance bus service provides 7 dedicated school bus service routes primarily operating within the Esperance town-site at operating times of 7am – 8:30am & 2:30pm – 4pm. (Note: all buses are used during these times)

·        The TransEsperance bus service is comparable to the Transperth system offering the same ticketing facilities/benefits (Smartrider), accessibility options to passengers and clear identifiable bus stop locations.

 

Officer’s Comment

A meeting was held with the Manager Regional Town Bus Services from the PTA in early October where the process was outlined on how the PTA would consider introducing a service into Esperance. The following were the main considerations outlined by the PTA when introducing a new service-

·        The PTA has recently received feedback from a variety of sources which represents a moderate level of interest to establish an RPT service in Esperance. 

·        Anecdotally, the local community is seeking a public transport route/or routes designed to cater for the general public and operate during the weekdays providing a service to all suburbs within Esperance.

·        The PTA currently provide similar bus services in many other regional towns within Western Australia and may assist the Shire with a comparable bus service however, the PTA would need to qualify and quantify the community feedback before progressing.

·        The PTA are not funded to provide ‘new’ services and therefore we would need to assess all the information provided; collect such information that we require and prepare a business case for the Transport Ministers office before proceeding, including the source of any funding. This process does take time and requires a substantial amount of research.

·        Typically when receiving applications from LGA’s or local regional development commissions they recommend the creation of a trial service for a finite period in order to assess the long term viability.

·        A trial service can be created and implemented more rapidly where there are existing assets in situ (like we have in Esperance)

·        Trialling services provides qualitative and relevant data when determining the sustainability of any service.

·        When trialling a new service the PTA seek a financial contribution from the LGA’s, this contribution is an agreed amount and contained within a Memorandum of Understanding (MOU).

·        Generally this financial contribution would be a shared cost - 50/50 of the total operating cost of the trial.

·        A co-agency contribution provides the opportunity for longer trial period and largely offers a higher level of service to the community making it a more attractive transport option to the public.

·        The LGA’s financial contribution does not extend beyond the trial period unless the MOU is varied by both agencies.

·        It should be noted the engagement period of our service provider is dependent on the funding source and amount.

·        It is important to acknowledge that the trialling of a service can be difficult, as members of the community may make lifestyle choices based on an expectation that the service will continue beyond the trial period.

 

The PTA have showed a high level of interest in Esperance, however to proceed further there needs to be a financial commitment from the Shire of Esperance for a recommended 12 month trial. It is estimated that a contribution commitment of approximately $50,000 to $60,000 would be required as a 50% share of the estimated cost. Noting that the final amount required and contained within the final MOU would be dependent upon the community consultation process and the route that is proposed during the trial period.

 


Should the Shire of Esperance commit a financial contribution to the trial, the PTA will-

1.       Undertake an independent and registered community consultation process in Esperance.

2.       Review this data and provide advice to the Shire before proceeding.

3.       Design a timetable/route network based on this information.

4.       Draft an MOU between the SoE and the PTA.

5.       Engage the local contractor and make provision for the supply of bus services over the trial period.

6.       Develop promotional materials for the trial services.

 

Shire officers consider that this approach to be a good investment to fully test the demand, need and operation of a community bus service in the town. The PTA is the right organisation with the correct infrastructure, personnel and expertise to conduct the service effectively. If the trial is successful it will provide the information required to compile a business case for the Transport Ministers office consideration of the long term viability of a service in the town.

 

Although the officers recommendation is to conduct a trial for a 12 month period as the experience of the PTA is that the chance of longer public transport trials being successful is better and also provides for a stronger business case to be developed there is the option that Council may wish to look at a 6 month trial to reduce the shared cost.  

 

Consultation

Public Transport Authority WA

Tracy Young- SEEDWA

 

Financial Implications

The financial implications arising from this report are estimated at between $50,000 and $60,000 dependent upon the length of the trial and the route that is determined once community consultation is completed.

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

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

Provide services, facilities and information that are inclusive and accessible

 

Environmental Considerations

Public transport is often seen as a positive initiative for the environment to encourage a ride sharing arrangement and reduce individual transport.

 

Attachments

Nil

RECOMMENDATION AND DECISION

12.4.1     Public Transport Trial

Moved:           Cr Obourne

Seconded:     Cr Graham

O1221-230

Council Resolution

That Council

1.       Request the Public Transport Authority conduct a 12 month trial public town bus service.

2.       Commit up to $60,000 as a 50/50 co-contribution to the trial.

3.       Request the CEO bring a proposed Memorandum of Understanding back to Council for endorsement prior to the commencement of the trial.  

4.       Fund the $60,000 from the Priority Projects Reserve

CARRIED

F9 - A0

 

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 123

Item: 12.4.2  

Local Government Legislative Reform- Feedback

Author/s

Shane Burge

Chief Executive Officer

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D21/40873

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider feedback to provide to WALGA over the proposed Local Government legislative reform initiatives.

 

Recommendation in Brief

That Council endorse the attached feedback on the proposed Local Government Legislative Reform Initiatives and provide a submission to both WALGA and the Department of Local Government, Sport and Cultural Industries.

 

Background

On the 10 November the Minister for Local Government announced proposed reforms to the Local Government Act 1995 and is requesting feedback from the sector by the 4 February 2022.

 

To ensure WALGA is able to make a sector wide response on behalf of Local Governments, feedback is required by January 12 to enable enough time for WALGA State Council to collate the feedback.

 

Local Governments are also encouraged to provide a submission directly to the Department of Local Government, Sport & Cultural Industries. 

 

Officer’s Comment

Attached is a copy of the proposed reforms along with comments proposed by the Shire of Esperance to provide feedback to both WALGA and the Department of Local Government, Sport & Cultural Industries.

 

Consultation

A briefing workshop was held with Councillors on the 23 November to consider the reforms.

WALGA have drafted a consultation paper on the reforms that were circulated to Councillors on the 24 November.

 

Financial Implications

Nil to provide feedback although some of the reforms if they are legislated will have financial implications to the sector and individual Local Governments.

 

Asset Management Implications

Nil

 


Statutory Implications

The reform initiatives are proposing to change the Local Government Act 1995.

 

Policy Implications

Some of the reforms will have policy implications for the Shire.

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

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

 

Environmental Considerations

Nil

 

Attachments

a.

Local Government Reform Initiatives Feedback - Under Separate Cover

 

 




RECOMMENDATION AND DECISION

12.4.2     Local Government Legislative Reform- Feedback

Moved:           Cr Flanagan

Seconded:     Cr Horan

O1221-231

Council Resolution

That Council endorse the attached feedback on the proposed Local Government Legislative Reform Initiatives and provide a submission to both WALGA and the Department of Local Government, Sport and Cultural Industries.

CARRIED

F9 - A0

 

Mr Smoker left the Chamber at 4:50pm and did not return.


Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 126

Item: 12.4.3  

Information Bulletin - November 2021

Author/s

Emily Hegney

Executive Assistant

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D21/40996

 

Applicant

Internal

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

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

 

Attachments

a.

Information Bulletin - November 2021

 

b.

Council Priorities Summaries - November 2021

 

c.

Delegations Discharge - Corporate Resources

 

d.

Letter of Thanks - Mulgat Family to Ian Mickel - 15 November 2021

 

 


RECOMMENDATION AND DECISION

12.4.3     Information Bulletin - November 2021

Moved:           Cr O'Donnell

Seconded:     Cr Horan

O1221-232

Council Resolution

That Council accepts:

1.    Information Bulletin - November 2021

2.   Council Priorities Summaries - November 2021

3.   Delegations Discharge - Corporate Resources

4.    Letter of Thanks – Mulgat Family to Ian Mickel - 15 November 2021

CARRIED

F9 - A0

 

                                       


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21 December 2021                                                                                                                 Page 128

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13.     Reports Of Committees

Item: 13.1  

Minutes of Committees

Author/s

Emily Hegney

Executive Assistant

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D21/40997

 

Attachments

a.

Audit Committee - 23 November 2021 - Under Separate Cover

 

 


RECOMMENDATION AND DECISION

13.1  Minutes of Committees

Moved:           Cr McMullen

Seconded:     Cr de Haas

O1221-233

Council Resolution

That Council accept the following unconfirmed minutes:

1.       Audit Committee – 23 November 2021

 

CARRIED

F9 - A0

 

 


Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 153

Item: 13.2  

Audit Report - Adverse Financial Ratio Trend

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D21/40683

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

For Council to consider the effects and actions in addressing the financial ratio reported in the 2020/21 financial report that did not meet the minimum Department of Local Government, Sports and Cultural Industries (DLG) standards.

 

Recommendation in Brief

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

 

Background

In the Audit Report from the Office of Auditor General (OAG) for 2020/21 it was identified that the Operating Surplus Ratio did not meet the DLG guideline standards.

 

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

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

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

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

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

 

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

 

Officer’s Comment

The operational guideline on Financial Ratios describe the Operating Surplus Ratio as…

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

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

The ratio is calculated by the following formula:-

(Operating Revenue MINUS Operating Expenses)

Own Source Operating Revenue

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

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

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

                                                         2021           2020           2019

Operating Surplus Ratio                    (0.13)         (0.14)          (0.05)

 

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

 

The ratio highlighted in the Auditors report of not meeting the DLG standard is of no surprise to the Shire of Esperance. The current Long Term Financial Plan had identified and factored an approximate annual increase of 1.75% approximately $375k, as an initiative to close the Asset Renewal Gap over a 10 year period.   However, for the last two years, this initiative has been on hold to assist Rate Payers with the financial challenges associated with enduring and recovering from COVID.

 

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

 

The Shire is working at increasing revenue, decreasing operating expenditure and reviewing asset life in an attempt to improve the operating surplus ratio.  Although the Shire does have a goal to obtain a small underlying operating surplus position, it is believed that the ratio calculation itself needs to be adjusted to allow recurring renewal capital income to be included into the ratio. With the current review of the Local Government Act, representatives from several Councils with WALGA have formed a Working Group to lobby for realistic changes to the ratios currently reported in the Annual Financial Statements.

 

Regardless of the technicalities of the operating surplus ratio, the Shire will continue to address the asset management gap in the revised long term financial plan, to continue to close the gap and ensure renewal funding for a sustainable asset management is achieved with the support of funding for Roads to Recovery and Regional Road Group is maintained at existing levels.

 

Consultation

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

 

This report was presented to the Audit Committee on 23rd November 2021. The committee agreed with the findings and recommended to Council for noting.

 


Financial Implications

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

 

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

 

Asset Management Implications

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

 

Statutory Implications

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

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

 

Corporate Business Plan 2021/22 – 2024/25

L2.9 Manage Finance

 

Environmental Considerations

Nil

 

Attachments

Nil


RECOMMENDATION AND DECISION

13.2     Audit Report - Adverse Financial Ratio Trend

Moved:           Cr McMullen

Seconded:     Cr Flanagan

O1221-234

Council Resolution

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

CARRIED

F9 - A0

 

  


Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 157

14.     Motions of which Notice has been Given

Nil   

 

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

 

 

16.     Urgent Business Approved by Decision

 

 

Motion

Moved:           Cr Chambers

Seconded:     Cr de Haas

 

O1221-235

 

That Council accept the following late items:

                   17.3        0414-21 - Sale of Vacant Land

CARRIED

F9 - A0

 

 

 

 

18.     PUBLIC QUESTION TIME

Nil Questions


Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 158

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.

 

Mr Nieukerke, Mr Heasman and Miss Smith left the Chamber at 5:03 pm and did not return.

 

Moving behind closed doors

Moved:           Cr Graham

Seconded:     Cr Obourne

 

O1221-236

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   0413-21 Audio Tactile Line Marking

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)©).

17.2   Waive Rates for Esperance Hotel – A/281

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)©(iii)).

17.3   0414-21 – Sale of Vacant Land

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)©).

 

CARRIED

F9 - A0

 

 

 

 

17.1   0413-21 Audio Tactile Line Marking

Moved:           Cr Flanagan

Seconded:     Cr O’Donnell

 

O1221-237

Council Resolution

That Council awards the Request for Tender 0413-21 Audio Tactile Line Marking to Supalux Linemarking Pty Ltd as per the schedule of rates for a period of 30 months with a 24 month option to extend subject to satisfactory performance.

CARRIED

F9 - A0

 

 


 

17.2   Waive Rates for Esperance Hotel - A/281

Officer’s Recommendation

That Council:

1.       Refuse to waive rates as requested by Boortapub Pty Ltd for the Esperance Hotel (94F Dempster Street Esperance & Andrews Street Esperance Assessment Number 281).

2.       Request the CEO to provide assistance to the applicant in their endeavors to query the Gross Rental Value for the Esperance Hotel (94F Dempster Street Esperance & Andrews Street Esperance Assessment Number 281).

 

MOTION

Moved:            Cr de Haas

Seconded:       Cr Flanagan

That Council:

1.       Refuse to waive rates as requested by Boortapub Pty Ltd for the Esperance Hotel (94F Dempster Street Esperance & Andrews Street Esperance Assessment Number 281).

2.       Request the CEO to work with Esperance Hotel to achieve a positive redevelopment outcome for the Esperance Community.

 

AMENDMENT

Moved:            Cr Chambers

Seconded:       Cr Obourne

That Council include the words ‘and prompt’ to reflect the need for works to commence and be completed within the near future.

CARRIED

F9 - A0

The amendment became the substantive motion.

O1221-238

Council Resolution

That Council:

1.       Refuse to waive rates as requested by Boortapub Pty Ltd for the Esperance Hotel (94F Dempster Street Esperance & Andrews Street Esperance Assessment Number 281).

2.       Request the CEO to work with Esperance Hotel to achieve a positive and prompt redevelopment outcome for the Esperance Community.

CARRIED

F9 - A0

Reason: Council wanted the resolution to reflect that there remains strong Council support for the project, and also reflect the community sentiment that although the Esperance Motor Hotel has not yet commenced any renovations, there is an expectation that it should commence as soon as practical for the benefit of the town amenity and aesthetics.

 


 

17.3   0414-21 - Sale of Vacant Land

Moved:           Cr Flanagan

Seconded:     Cr Graham

O1221-239

Council Resolution

That Council;

1.       Not accept the offer for 226 Thistle Avenue, Flinders Estate from Polmac Super Manager Pty Ltd ATF Polinwka Super Fund;

2.       Not accept the offer for 1035 Voile Lane, Castletown from Polmac Super Manager Pty Ltd ATF Polinwka Super Fund;

3.       Relist the two lots at the following prices:

LOT

SIZE (SQM)

Listing Price

226 Thistle Avenue, Flinders Estate

766

$175,000

Lot 1035 Voile Lane, Castletown

1830

$300,000

 

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 within Attachment D.

CARRIED

F9 - A0

 

 

 

Coming from behind closed doors

Moved:           Cr Chambers

Seconded:     Cr Obourne

 

O1221-240

That the meeting come from behind closed doors.

 

CARRIED

F9 - A0

 


Ordinary Council: Minutes

21 December 2021                                                                                                                    Page 161

17.     CLOSURE

 

The President declared the meeting closed at 5:20pm.

 

 

 

 

These Minutes were confirmed at a meeting held on _____________________

 

 

 

 

Signed ________________________________________

 

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

 

Dated_____________________