Ordinary Council: Agenda

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13 May 2022

 

 

 

 

 

Shire of Esperance

 

 

Ordinary Council

NOTICE OF MEETING AND AGENDA

 

An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 17 May 2022 commencing at 1pm to brief Council on the matters set out in the attached agenda.

 

An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 24 May 2022 commencing at 4pm to consider the matters set out in the attached agenda.

 

S Burge

Chief Executive Officer


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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 not be video recorded. The recording will be made publicly available as soon as practical following the meeting.


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letterhead lines_blueDisclosure of Interests

 

Agenda Briefing                      Ordinary Council Meeting                 Special Meeting

Name of Person Declaring an interest

Position                                                               Date of Meeting

This form is provided to enable members and officers to disclose an Interest in the matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the Local Government Act 1995 and Local Government (Administration) Regulations 1996 34C.

Interest disclosed

Item No                                     Item Title

Nature of Interest

Type of Interest                  Financial                        Proximity                            Impartiality

 

Interest disclosed

Item No                                     Item Title

Nature of Interest

Type of Interest                  Financial                        Proximity                            Impartiality

 

Interest disclosed

Item No                                     Item Title

Nature of Interest

Type of Interest                  Financial                        Proximity                            Impartiality

 

Declaration

I understand that the above information will be recorded in the Minutes of the meeting and recorded by the Chief Executive Officer in an appropriate Register.

 


Signature                                                                                                Date

D20/

 

 


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Disclosure of Interests

letterhead lines_blueNotes for Your Guidance

Impact of a Financial Interest (s. 5.65. & s. 67. Local Government Act 1995)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a.    In a written notice given to the Chief Executive Officer before the Meeting or;

b.    At the Meeting immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

a.    Preside at the part of the Meeting relating to the matter or;

b.    Participate in, or be present during, any discussion or decision making procedure relative to the matter, unless and to the extent that, the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Interests Affecting Financial Interest

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1.    A Financial Interest, pursuant to s. 5.60A or 5.61 of the Local Government Act 1995, requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2.    If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious etc, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3.    If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4.    If in doubt declare.

5.    As stated if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.  Under s. 5.65 of the Local Government Act 1995 failure to notify carries a penalty of $10 000 or imprisonment for 2 years.

6.    Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1  Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act 1995; or

6.2  Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act 1955, with or without conditions.

 


 

letterhead lines_blueInterests Affecting Proximity (s. 5.60b Local Government Act 1995)

1.   For the purposes of this subdivision, a person has a proximity interest, pursuant to s.5.60B of the Local Government Act 1995, in a matter if the matter concerns;

  1. a proposed change to a planning scheme affecting land that adjoins the person’s land; or
  2. a proposed change to the zoning or use of land that adjoins the person’s land; or
  3. a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2.   In this section, land (the proposal land) adjoins a person’s land if;

  1. The proposal land, not being a thoroughfare, has a common boundary with the person’s land; or
  2. The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
  3. The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3.   In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

 

Interests Affecting Impartiality

Definition: An interest, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a.    In a written notice given to the Chief Executive Officers before the Meeting or;

b.    At the Meeting, immediately before the matter is discussed

 

Impact of an Impartiality disClosure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

 

 


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TABLE OF CONTENTS

1.         OFFICIAL OPENING   9

2.         ATTENDANCE  9

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  9

4.         APPLICATIONS FOR LEAVE OF ABSENCE  9

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   9

6.         DECLARATION OF MEMBERS INTERESTS  9

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  10

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  10

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  10

7.         PUBLIC QUESTION TIME  10

8.         PUBLIC ADDRESSES / DEPUTATIONS  10

9.         Petitions  10

10.      CONFIRMATION OF MINUTES  10

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   10

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  11

12.1   External Services  11

12.1.1    Memorandum of Understanding - SAFE Esperance  11

12.1.2    Request for Funding - IGO COVID-19 Fund  22

12.2   Asset Management  27

12.2.1    Christmas Lights  27

12.3   Corporate & Community Services  30

12.3.1    Licence Request - Horizon Power Electric Vehicle Charging Station  30

12.3.2    Adoption of Council Plan 2022-2032  48

12.3.3    Annual Review of the Delegated Authority Register 2022/2023  74

12.3.4    Vacant Land for Sale by Tender 84

12.3.5    Cultural Protocols Policy Amendment 92

12.3.6    Schedule Fees and Charges 2022/2023  99

12.3.7    Airport Cropping Licence Area Amendment Request 101

12.3.8    Financial Services Report - May 2022  106

12.4   Executive Services  156

12.4.1    Information Bulletin - May 2022  156

13.      Reports Of Committees  188

14.      Motions of which Notice has been Given   188

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  188

16.      URGENT BUSINESS APPROVED BY DECISION   188

17.      MATTERS BEHIND CLOSED DOORS  189

17.1   0453-22 - Prequalified Supplier Panel - Wild Dog Control 189

17.2   0452-22 - Prequalified Supplier Panel - Parks and Reserve Management 189

17.3   0447-22 - Prequalified Supplier Panel - Professional Services  189

17.4   0448-22 - Prequalified Supplier Panel - Workshop Services  189

17.5   0449-22 - Prequalified Supplier Panel - Building Services  190

17.6   0451-22 - Prequalified Supplier Panel - Traffic Management 190

17.7   Lease Expression of Interest - Old Matron's Quarters Museum Village  190

17.8   0459-22 - Flinders Estate Stage 4 – Subdivision Construction  190

17.9   0417-21 - Desludging of Myrup Liquid Anaerobic Ponds  190

17.10 0461-22 - Myrup Waste Transfer Station - Detailed Design Developement 191

17.11 0437-22 - Sale of Blue Gum Trees  191

17.12 Updated Offer Head Tax Agreement - Regional Express (REX) Airline  191

18.      PUBLIC QUESTION TIME  192

19.      CLOSURE  192

 

 


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SHIRE OF ESPERANCE

 

AGENDA

 

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON
24 May 2022

COMMENCING AT 4pm

 

 

1.       OFFICIAL OPENING

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

 

2.       ATTENDANCE

Members

Cr I Mickel, AM JP                            President                  Rural Ward

Cr 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

Mr R Hindley                                     Manager Strategic Planning & Land Projects

Miss E Hegney                                 Executive Assistant

Miss A Palmer                                   Trainee Administration Assistant – Executive Services

Members of the Public & Press

 

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

 

5.       ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

 

6.       DECLARATION OF MEMBERS INTERESTS

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

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

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

7.       PUBLIC QUESTION TIME

8.       PUBLIC ADDRESSES / DEPUTATIONS

9.       Petitions

Nil  

10.     CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 26 April 2022 be confirmed as a true and correct record.

Voting Requirement                       Simple Majority

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION


12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1   External Services

Item: 12.1.1  

Memorandum of Understanding - SAFE Esperance

Author/s

Neroli Logan

Manager Development and Statutory Services

Authorisor/s

Holly Phillips

Director External Services

 

File Ref: D22/10992

 

Applicant

Saving Animals from Euthanasia Inc (SAFE) Esperance

 

Location/Address

Shire of Esperance Animal Management Facility located at 31 Brazier Street Chadwick, Esperance.

 

Executive Summary

For Council to consider a request from SAFE Esperance to use the Shire’s Animal Management Facility (AMF) in urgent circumstances, supported by a Memorandum of Understanding (MoU).

 

Recommendation in Brief

That Council supports the request from SAFE Esperance to use the AMF in urgent circumstances.

 

Background

On 1 April 2022 a request was received from the local coordinator of SAFE Esperance (also employed by the Shire as a pound assistant) to use the AMF in urgent circumstances where no temporary careers or housing options are available.

 

This request was received in the lead up to Easter where there was no availability for Abalee Cattery and Kennels or with nominated animal Carers, to care for two (2) dogs in the possession of SAFE Esperance. Consequently, the Shire permitted the use of the AMF as there was no alternative option over the busy holiday period.

 

Further consideration was requested by SAFE Esperance to use the AMF in urgent circumstances when no other options are available locally. The request is consistent with other SAFE branches which have access to donated kennel or cattery facilities to assist with housing animals in emergency situations.

 

Officer’s Comment

SAFE Esperance is a local volunteer organisation that strives “to save companion animals from unnecessary euthanasia through community education, fostering, de-sexing and placing them in suitable homes”.

 

They rely on the generosity of the community and use temporary careers to open their homes to abandoned animals whilst permanent homes are sought. The objective of SAFE is to have a positive impact on the quality of life for companion animals and promote their value to humans through education and awareness.

 

The Shire recognises the valuable work performed by SAFE Esperance in the community and supports dog or cat cages being made available for temporary use. Officers have worked with SAFE Esperance to develop a MoU which outlines the various requirements of use.

 

This includes the need to:

·        Provide a certificate of currency of public liability to the Shire on an annual basis;

·        Assume full responsibility of all SAFE animals housed in the AMF;

·        Undertake daily cleaning of all facilities used;

·        Utilise a maximum of three (3) dog and three (3) cat cages only; and

·        Acknowledge the AMF will only be available when AMF occupancy rates are below 75%.

 

It is the officer’s recommendation that council support the implementation of an MOU with SAFE Esperance to use the AMF providing the circumstances are exceptional, and the use is not frequent in nature.

 

Consultation

Consultation has been undertaken internally with the Director External Services and the Ranger Team Leader. External consultation includes liaison with the Coordinator SAFE Esperance.

 

Financial Implications

There are no financial implications arising from this report. SAFE Esperance will be responsible for providing all food and consumable items required for the care of SAFE Esperance animals temporarily housed in the AMF, as well as cleaning requirements.

 

Asset Management Implications

There are no asset management implications arising from this report.

 

Statutory Implications

There are no statutory implications associated with this item.

 

Policy Implications

There are no policy implications arising from this report.

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Active volunteers supporting organisations and activities that bring the community together.

Encourage and support volunteers and community groups

 

Environmental Considerations

There are positive environmental impacts from the important role in the community provided by SAFE Esperance. This includes rehoming abandoned animals located throughout the Shire.

 

 

Attachments

a.

Email Request from SAFE Esperance

 

b.

MOU SAFE Esperance

 

 

 

Officer’s Recommendation

That Council:

1.       Approve the request from SAFE Esperance to use the Animal Management Facility in urgent circumstances; and

2.       Authorise the Chief Executive Officer to enter into a Memorandum of Understanding with SAFE Esperance for a twelve-month term commencing on 25 May 2022, to be reviewed at the conclusion of the term.

Voting Requirement                       Simple Majority

 


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Item: 12.1.2  

Request for Funding - IGO COVID-19 Fund

Author/s

Mel Ammon

Manager Community Support

Authorisor/s

Holly Phillips

Director External Services

 

File Ref: D22/12376

 

Applicant

Esperance Aged Care Facility

 

Location/Address

N/A

 

Executive Summary

For Council to consider an application for funding from the Esperance Aged Care Facility (EACF).

 

Recommendation in Brief

That Council endorse a payment of $27,000 (excluding GST) from the IGO COVID-19 Fund to EACF to assist with minor renovations and equipment purchases to reopen a ten (10) bed wing at the facility.

 

Further, that Council advertise the availability of funds remaining in the IGO COVID-19 Fund, and give direction to officers on what to do with the balance in the event no applications are received.

 

Background

In June 2020 IGO Limited (IGO) allocated $150,000 to the Shire to establish a Fund for community recovery efforts from the impacts caused by the COVID-19 pandemic.

 

Community expenditure was assessed by the Local Recovery Committee, who considered recommendations from the Community Support and Economic Sub Committees. To date, $93,596 has been allocated to various groups and organisations from the IGO COVID-19 Fund.

 

The Local Recovery Committee was disbanded after the local government elections in October 2021. As such, the application from EACF to access funding has been referred to Council for consideration.

 

Officer’s Comment

The aged care sector has been severely impacted by the COVID-19 pandemic. Already experiencing staffing and skill shortages, sector issues were further exasperated by additional restrictions and mandates to protect the most vulnerable members of the community.

 

EACF decided to close two (2) of its ten (10) bed wings to consolidate residents, and balance workloads with available staffing during the pandemic. This reduced facility capacity and has been a subject of community interest for some time.

 

EACF has developed a strategy to address staff recruitment and retention issues, and it intends to reopen a wing at the facility to accommodate low care residents. This will assist in reducing the EACF waitlist and increase services to the community.

 

EACF is seeking $27,000 (excluding GST) in funding for minor upgrades and resources. The application comprises $17,000 for the purchase of ten (10) specialty mattresses and covers, $5,000 in electrical works and $5,000 for painting and general cleaning.

The quote for the mattresses and covers is attached with this report. The costs of electrical work and painting are industry estimates due to limited trades availability at this time. Any additional costs beyond that applied for will be borne by the EACF.

 

Consultation

Director External Services

Executive Management Team

EACF

 

Financial Implications

The proposed payment of $27,000 (excluding GST) will be allocated from the IGO COVID-19 Fund which has a current balance of $56,404. Council support of the EACF request will leave $29,404 unallocated in the Fund.

 

The large remaining balance is due to the Esperance Chamber of Commerce and Industry only requiring 45% of their allocated $50,000 for recovery activities. It is recommended Council undertake a public advertising round to expend the remaining funds.

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

Everyone has access to quality health facilities and educational opportunities

Facilitate improved access to health, welfare and education opportunities.

 

Corporate Business Plan 2021/22 – 2024/25

Develop and maintain a safe environment for the community.

 

Environmental Considerations

Nil

 

Attachments

a.

IGO Grant App - EACF

 

b.

Quote - EACF

 

 


 

Officer’s Recommendation

That Council:

1.    Endorse a payment of $27,000 (excluding GST) from the IGO COVID-19 Fund to the Esperance Aged Care Facility to assist with minor renovations and equipment purchases to reopen a 10 (ten) bed wing at the facility;

 

2.   Undertake a public advertising round to raise community awareness of funds remaining in the IGO COVID-19 Fund; and

3.   In the event no further applications are received, give direction to officers on expending the balance of the IGO COVID-19 Fund.

Voting Requirement                       Simple Majority

 

 


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Shire of Esperance

IGO Recovery Funding:  Request for grant funds for Covid Recovery

Since the beginning of COVID 19 staff shortages in aged care have become a significant issue.  Esperance Aged Care Facility (EACF) has been severely impacted by these shortages and has been forced to close two of the ten bed wings in order to consolidate residents to balance the workload to the available staffing. 

For EACF to stay viable it is essential that we focus on increasing our staff and occupancy rate.   We have developed a strategy that addresses these issues focusing at great deal of our attention and resources on recruitment and retention.  The skills shortages and the training requirements have been recognized as such it has been identified that we will soon have the capacity to reopening one of the ten bed wings to low care elderly community residents.

This Recovery effort goes a long way in reducing our waiting list, enabling EACF to generate additional revenue and bring us closer to our pre COVID position, being a fully supported Aged Care facility. 

The proposed plan requires purchasing of new bed mattresses with covers and some minor renovations to the wing we intend to reopen.  These renovations consist some minor electrical works and painting. 

In addition to identifying those on the current wait list for entry into residential aged care, we will be working with the Esperance community support team and the home care team to identify eligible community residents that are in need of residential care. 

Budget:

10 Mattresses and Covers (Specifically designed for Pressure care for use in Aged Care).  $17,000.

Electrical works (Repair/replacement (Lights, switches, plugs etc.)  $5,000

Painting of internal walls and general cleaning $5,000.

Total Amount requested $27,000

Your consideration in this matter is greatly appreciated.  I am more than happy to meet with council and or shire representatives to discuss this proposal further

Warmest Regards

 

Dr. Ed Rhode

Chief Executive Officer

Esperance Aged Care Facility

 

 

 

 

 


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12.2   Asset Management

Item: 12.2.1  

Christmas Lights

Author/s

Mathew Walker

Director Asset Management

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/12753

 

Applicant

Internal

 

Location/Address

Esperance CBD

 

Executive Summary

For Council to consider the update on Christmas lights in the Esperance CBD.

 

Recommendation in Brief

That Council note the update on Christmas Lights in the Esperance CBD.

 

Background

At the January Ordinary Council Meeting, Council resolved the following in regards to the Christmas Lights in the Esperance CBD:

 

That Council:

1.   Request the CEO to refurbish the existing town Christmas tree, restoring it back to its original condition. CEO to provide an update to Council on the progress/completion of this project at the May OCM.

2.   Request the CEO investigate options to illuminate the Norfolk Pine tree in the Post Office square, with a report provided to Council at the May OCM

3.   Request the CEO to do a full audit and testing of all Christmas street lighting to ensure all lights are fully functional for Christmas 2022. This is to include, ensuring that power provisions from Horizon Power street poles are adequate. CEO to provide a report to Council on this at the May OCM.

 

Since this time, shire officers have begun the process restoring the Christmas lights.

 

Officer’s Comment

The following update is provided.

 

Christmas tree

Works completed to date:

·     Striped all lights from the tree

·     Refurbished the frame

·     Received  the replacement lights

·     started the rewiring of the lights on the tree

 

Works programmed in over the coming months as a wet weather jobs:

·     Completing the rewiring of lights for the tree

·     Polishing and sealing of the Chrome baubles

 

Illumination the Norfolk Pine tree

Officers have investigated the preferred option to illuminate the Norfolk pine tree in post office square. It is proposed to:

·     Re-establish the existing flood light poles and power around the Norfolk pine tree

·     Use high powered RGBW LED flood lights from each pole

·     Connect the RGBW LED flood lights to a control system to enable programing of colours

 

This will be included as a budget bid for consideration with the 2022/23 budget.

 

Testing of Christmas Street Lights

Works completed to date:

·     All power poles have been tested – 3 not working.

·     All motifs have all been test – several not working.

 

Works programmed in over the coming months:

·     Work with Horizon Power to rectify the 3 poles power supply not working

·     Motifs that are not working have been given to an electrician to fix. New lights ordered if they cannot be fixed.

 

Consultation

Nil

 

Financial Implications

The financial implications arising from this report have been considered in previous budget allocations.

 

Asset Management Implications

Renewing / maintaining assets is an important function to maximise the life of an asset.

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

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

 

Corporate Business Plan 2021/22 – 2024/25

B2.2 Renew, maintain, upgrade and build new urban infrastructure

 

Environmental Considerations

Nil

 

Attachments

Nil

 

Officer’s Recommendation

That Council note the update on Christmas Lights in the Esperance CBD.

Voting Requirement                       Simple Majority

  


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12.3   Corporate & Community Services

Item: 12.3.1  

Licence Request - Horizon Power Electric Vehicle Charging Station

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/8563

 

Applicant

Regional Power Corporation t/as Horizon Power

 

Location/Address

Portion of Lot 309 James Street Esperance.

Map

Description automatically generated

 

Executive Summary

For Council to consider the request from Regional Power Corporation t/as Horizon Power to licence a portion of Lot 309 James Street, Esperance for the purpose of an electric vehicle charging station.

 

Recommendation in Brief

That Council enter into a licence with Regional Power Corporation t/as Horizon Power for a portion of Lot 309 James Street, Esperance for the purpose of an electric vehicle charging station.

 

Background

Regional Power Corporation t/as Horizon Power (Horizon Power) has recently been in discussions with the Shire of Esperance regarding installation of an electric vehicle charging station, and a proposal has now been submitted for this to be located on a portion of Lot 309 James Street, Esperance.

 

It is proposed that 2x DC fast chargers, 1x 150kW and 1x 75kW, be installed on the site which will allow up to 4 cars to utilise the chargers at the same time. To allow for this, 4 car bays will be required along with areas to install the units and associated infrastructure.

 

Officer’s Comment

Horizon Power’s proposal is considered to be in the community’s benefit as it will allow those who own electric vehicles to charge them and may increase the number of electric vehicles utilised within Esperance.

The proposal is in line with the Shire’s Climate Change Declaration commitments to reduce greenhouse gas emissions and adapt to the impact of climate changes, and our Cities Power Partnership pledges.

 

The initial proposal included a request to licence a portion of the adjacent road reserve, however discussion with the Manager Planning and Land Projects confirmed that entering into agreements over road reserves is not desirable. Therefore it is recommended that the licence be limited to the areas depicted within Lot 309 James Street only. This has been agreed to following discussion with Horizon Power.

 

As the proposal is set to be a peppercorn lease due to the benefits it will bring to the community it is proposed that the preparation fee be waived for this licence.

 

As the licence is to be executed as a deed, consideration is not required in order for the licence to be valid, subject to compliance with s.9 of the Property Law Act. This advice has been provided by McLeods Barristers and Solicitors (Attachment B). It is noted that the licence complies with the requirements as specified by McLeods in their advice.

 

Consultation

Horizon Power

Chief Executive Officer

Manager Planning and Land Projects

 

Financial Implications

Preparation fee of $575 Inc GST being waived

Annual Licence fees to be waived

 

Asset Management Implications

Nil – Horizon Power will be responsible for installation and maintenance of all infrastructure.

 

Statutory Implications

Local Government Act 1995 – s.3.58 Disposing of Property

 

Policy Implications

COR 004: Building and Property Agreements

 

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

It is hoped that the installation of the charging station will encourage greater use of electric vehicles in Esperance, assisting to reduce greenhouse gas emissions.

 

Attachments

a.

Horizon Power Proposed EV Charging Licence

 

b.

McLeods Advice - Consideration

 

 

Officer’s Recommendation

That Council enters into a licence with Regional Power Corporation t/as Horizon Power for portion of Lot 309 James Street, Esperance, subject to;

1.       Term of the licence being 10 years with a 5 year option;

2.       Annual rent being waived;

3.       Preparation fee of $575 Inc GST being waived;

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

Voting Requirement                       Absolute Majority

 


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Item: 12.3.2  

Adoption of Council Plan 2022-2032

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/11423

 

Applicant

Internal

 

Location/Address

Esperance Local Government Area

 

Executive Summary

For Council to consider adopting the Council Plan 2022-2032 and requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

 

Recommendation in Brief

That Council adopt the Shire of Esperance Council Plan 2022-2032 and requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

 

Background

The Integrated Planning and Reporting Framework incorporates a suite of strategic plans that ensure local governments plan responsibly and sustainably for their community. These plans detail our resourcing capabilities for operational services and major projects, maintenance of community assets and predicted long term financial expectations.

 

The Strategic Community Plan is the strategy and planning document that reflects the longer term (10+ year) community and local government goals and aspirations. The local government is responsible for the developing and reviewing the Plan, however its implementation is a shared responsibility with other partners such as state agencies and the community.

 

The Corporate Business Plan is a key operational document which identifies Council priorities and details current services, future operations and major projects expected to be undertaken by the Shire over the next four years.

 

Monthly and quarterly reports are prepared for Council and included in the Ordinary Council Meeting Agendas, these reports contain information directly related to the progress being achieved on the actions outlined in the Plans.

 

Officer’s Comment

The Shire engaged strategic planning consultants Catalyse to assist with facilitating a major review of the Strategic Community Plan. As part of this process it was determined that merging both the Strategic Community Plan and Corporate Business Plan would be more efficient as the elements required within each document are similar. The Department of Local Government has confirmed this is acceptable, provided all elements required for each document within the Local Government Act 1995 are included.

 

 

The Corporate Business Plan is reviewed on an annual basis and the Strategic Community Plan is reviewed every four years, with minor reviews every two years. As such, the new Council Plan will be reviewed annually, with reviews of the Strategic Community Plan elements as per the existing review schedule.

 

This review, which began following the Council election in October 2021, has included a redesign of the document layout and structure for simplicity, removal of ‘business as usual’ actions, and incorporated information from the Shire’s various strategic documents and the 2021 MARKYT Community Scorecard results.

 

Workshops with Council, our Organisational Management Group, 12 staff and 58 members of the community were held in November 2021. The ideas put forward during the initial workshops were consolidated, with further Council and Organisational Management Group workshops held in January 2022 to confirm the actions and discuss the draft document.

 

The financial information is yet to be confirmed, pending endorsement of the reviewed Long Term Financial Plan at the Ordinary Council Meeting. It is expected that the endorsed financial summary will be inserted into the Council Plan on the Financial Summary page once confirmed.

 

Consultation

Community Members

Council

Organisational Management Group

Staff

Catalyse

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995 – s.5.56 Planning for the future

Local Government (Administration) Regulations 1996:

-        19C Strategic community plans, requirements for

-        19DA Corporate business plans, requirements for

 

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

Manage Corporate Reporting

Annual Review of Corporate Business Plan

Review the Strategic Community Plan

 

Environmental Considerations

Nil

 

Attachments

a.

Draft Council Plan 2022-2032

 

 

 

Officer’s Recommendation

That Council;

1.       Adopt the Shire of Esperance Council Plan 2022-2032, subject to inclusion of financial summary information as determined by the Long Term Financial Plan; and

2.       Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

Voting Requirement                       Absolute Majority

 


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Item: 12.3.3  

Annual Review of the Delegated Authority Register 2022/2023

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/11616

 

Applicant

Internal

 

Location/Address

Shire of Esperance

 

Executive Summary

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

 

Recommendation in Brief

That Council endorse the Delegated Authority Register 2022/2023.

 

Background

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

 

Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 25 May 2021 (Resolution No. O0521-147), and therefore a formal review by Council is now required.

 

A full copy of the proposed Delegated Authority Register 2022/2023 is attached for the information of Elected Members.

 

Officer’s Comment

Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year. During the course of the 2021/2022 financial year the following amendments were made to the register after the full review was completed.

 

March 2022: Amended Delegations

4.1: Planning and Development Act 2005 - insertion of section x) of the ‘Function Performed’ section.

17.1: Fines, Penalties and Infringement Notices Enforcement Act 1994 – amendment to positions within ‘Power Delegated to’ section.

 

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

 

During this year’s review it was noted that some resolution numbers have been referenced incorrectly throughout the document, which have been amended, along with minor changes to wording, compliance links and policy references.

 

With regard to Delegation 17.1, the Fines and Enforcement Registry has confirmed that the CEO is provided authority to appoint prosecuting officers directly under the legislation, and therefore the Council to CEO delegation in this regard is no longer necessary. Confirmation of this is included in the attachments, from the Department of Justice - Fines Enforcement Registry. This will be adjusted to be a CEO to Authorised Person delegation going forward.

 

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

 

Consultation

Executive Management Team

Middle Management Team

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995

Building Act 2011

Public Health Act 2016

Planning and Development Act 2005

Bush Fires Act 1954

Food Act 2008

Dog Act 1976

Cat Act 2011

Local Government (Miscellaneous Provisions) Act 1960

Land Administration Act 1997

Local Government (Financial Management) Regulations 1996

Local Government (Uniform Local Provisions) Regulations 1996

Caravan Parks and Camping Grounds Act 1995

Health (Miscellaneous Provisions) Act 1911

Health (Asbestos) Regulations 1992

Building Regulations 2012

Fines, Penalties and Infringement Notices Enforcement Act 1994

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

 

 

Corporate Business Plan 2021/22 – 2024/25

Annual Review and update Delegated Authority Register

 

Environmental Considerations

Nil

 

Attachments

a.

Delegated Authority Register 2022/2023 - Under Separate Cover

 

b.

Delegated Authority Review Summary 2022

 

c.

Confirmation from Fines & Enforcement - Delegation 17.1

 

 

 

Officer’s Recommendation

That Council endorse the proposed Delegated Authority Register 2022/2023 - Council to Chief Executive Officer & Authorised Persons.

Voting Requirement                       Absolute Majority

 


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Item: 12.3.4  

Vacant Land for Sale by Tender

Author/s

Trevor Ayers

Manager Community & Economic Development

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/11914

 

Applicant

Internal report

 

Location/Address

See Attachments A, B, C & D

 

Executive Summary

Approval is sought to proceed to tender for a number of vacant lots of land, with any lots that don’t receive an offer through the tender process to continue to be sold via Chief Executive Officer (CEO) delegation for a further six-month period.

 

Recommendation in Brief

That Council:

1.       Direct the CEO to advertise all unsold lots within Flinders Stage 2 and Shark lake Industrial Park along with Lots 861 and 862 Hockey Place and Lot 1035 Voile Lane (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

a.       Confirm it believes that the valuations previously received from Opteon Property Group for the Hockey Place Lots in February 2017 and Heron Todd White Esperance for the Flinders Stage 2 lots in February 2020, Voile Lane property in May 2021 and Shark Lake Industrial Park properties in June 2021 continue to be a fair indication of the value of these lots.

b.      Relist all lots that don’t receive an offer through the tender process.

c.       Delegate authority to the CEO to negotiate and accept offers on these listed properties.

 

 

Background

The current delegated authority to the CEO to accept offers on identified vacant lots is due to expire in November.

Delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In the event that a delegation isn’t provided all negotiations require Council Decisions for each stage of the negotiation. This obviously has the potential to both make negotiations a lengthy and drawn out process as well as resulting in it playing out in the public domain. Neither of these outcomes is generally conducive to attracting purchasers.

There is currently a total of 5 lots available for sale in Flinders, 27 lots in Shark Lake Industrial Park, two lots in Hockey Place and lot 1035 Voile Lane.


Officer’s Comment

Submissions are rarely received for tenders issued for vacant land (although 2 lots did sell within the last tender – these were however new to the market and located within the smaller towns of Salmon Gums and Grass Patch). This recommendation removes the need for Council to reconsider these lots prior to them being re-listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market.

It has been recommended that Council continue to rely upon the licensed valuations obtained from Opteon Property Group in February 2017 Attachment H) for the Hockey Place lots and Heron Todd White in February 2020 (Flinders – Attachment E), May 2021 (Voile Lane – Attachment G) and June 2021 (Shark Lake Industrial Park – Attachment F), [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time.

While the valuation on the two Hockey Place properties is now 5 years old, it is proposed to delay updating it until the next stage of Flinders is constructed (providing the lots haven’t sold) as there is no longer valuation services available in Esperance.

 

Consultation

Thorp Realty and The Professionals currently act as selling agents on these properties. Regular contact with representatives from both agencies regarding the local market is maintained.

 

Financial Implications

Income from any sale of land is placed in the Land Development reserve to ensure that income from the sale of land assets doesn’t get utilised on an operational expense or depreciating asset as per the intent of the Land Asset policy and procedures.

 

Asset Management Implications

Sale of these lots removes the Councils obligations to maintain them.

 

Statutory Implications

The statutory implications associated with this item are contained within:

Local Government Act 1995

Section 3.58 – Disposing of Property

 

Policy Implications

Sale of non-strategic freehold land and placement of fund in reserve for future land development or acquisition of strategic land is consistent with the Councils Public Land Asset Strategy.

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

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

 

Environmental Considerations

Nil

 

 

 

 

Attachments

a.

Land for Sale - Shark lake

 

b.

Land for Sale - Flinders

 

c.

Land for Sale - Hockey Place

 

d.

Land for Sale - Voile Lane

 

e.

Valuation - Flinders - Confidential

 

f.

Valuation - Shark Lake - Confidential

 

g.

Valuation - Voile Lane - Confidential

 

h.

Valuation - Hockey Place - Confidential

 

i.

Minimum Acceptable Sale Prices - Confidential

 

 


Officer’s Recommendation

That Council;

1.      Direct the CEO to advertise all unsold lots as detailed below at 3. (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2.      Confirm it believes that the valuations previously received from Opteon Property Group for the Hockey Place Lots in February 2017 and Heron Todd White Esperance for the Flinders Stage 2 lots in February 2020, Voile Lane property in May 2021 and Shark Lake Industrial Park properties in June 2021 continue to be a true indication of the value of these lots.

3.      Relist all lots that don’t receive an offer through the tender process at the following prices:

LOT

SIZE (SQM)

Listing Price

Lot 1035 Voile Lane, Castletown

1830

$300,000

Flinders

226

766

$175,000

243

836

$190,000

266

768

$180,000

275

801

$180,000

Hockey Place

861

567

$170,000

*862

571

$175,000

Shark Lake Industrial Park

20

6,909

$95,000

21

3,166

$55,000

122

7,284

$99,000

123

4,498

$75,000

124

27,066

$199,000

125

8,782

$115,000

47

105,804

$450,000

26

29,445

$220,000

127

31,986

$240,000

128

31,986

$240,000

129

14,896

$165,000

130

14,884

$165,000

131

4,212

$70,000

132

5,713

$85,000

33

16,740

$175,000

34

16,549

$175,000

35

16,361

$170,000

36

16,142

$170,000

37

15,969

$170,000

41

9,559

$120,000

42

6,963

$95,000

43

5,750

$85,000

44

4,936

$80,000

45

4,067

$70,000

46

4,420

$75,000

 

4.      Delegate authority to the CEO to negotiate and accept offers on these listed properties at or above the Minimum Acceptable Sale Price identified in the schedule within Attachment I (Listing and Sale Prices).

Voting Requirement                       Absolute Majority

 


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Item: 12.3.5  

Cultural Protocols Policy Amendment

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/12174

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

For Council to consider adopting the reviewed Cultural Protocols Policy.

 

Recommendation in Brief

That Council adopt the reviewed Cultural Protocols policy inclusive of amendments, inclusions and deletions.

 

Background

The Cultural Protocols policy was adopted in November 2020, following endorsement by the Reconciliation Action Plan Working Group in October 2020.

 

Esperance Tjaltjraak Native Title Aboriginal Corporation (ETNTAC) recently advised that they are further defining how they identify the local people, which should be referenced as the ‘Kepa Kurl Wudjari people of the Nyungar Nation’ in future.

 

Officer’s Comment

An amendment to the Cultural Protocols policy to incorporate this change was accepted at the Reconciliation Action Plan Working Group meeting held 2 May 2022.

 

We have also recently received advice from ETNTAC regarding their preference for Traditional Custodian to be used rather than Traditional Owner. This has also been reflected in this review.

 

Please refer to Attachment A for details of the proposed changes.

 

Consultation

Reconciliation Action Plan Working Group

Esperance Tjaltjraak Native Title Aboriginal Corporation

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

EXE 028: Cultural Protocols Policy

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

An organisational and community culture that encourages innovation and embraces change

Foster a culture of innovation

 

Corporate Business Plan 2021/22 – 2024/25

Provide leadership and direction to implement the Corporate Business Plan

 

Environmental Considerations

Nil

 

Attachments

a.

Amended Cultural Protocols Policy

 

b.

Confirmation of Traditional Custodian Wording - ETNTAC

 

 

 

Officer’s Recommendation

That Council adopt the reviewed Cultural Protocols policy inclusive of amendments, inclusions and deletions.

Voting Requirement                       Simple Majority

 


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Item: 12.3.6  

Schedule Fees and Charges 2022/2023

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/12340

 

Applicant

Corporate and Community Services

 

Location/Address

Internal

 

Executive Summary

For Council to consider the draft Schedule or Fees and Charges for 2022/2023 and include them in the 2022/2023 draft budget.

 

Recommendation in Brief

That Council endorse the attached draft Schedule of Fees and Charges to be included in the 2022/2023 budget adoption process.

 

Background

Similar to previous years a draft copy of the fees and charges is presented to Council prior to draft budget for review and consideration.  Council considered this proposed Schedule of Fees and Charges at a Council workshop on Tuesday 10th May.

 

The fees and charges, as presented will be the basis used to determine the revenue estimates for fees and charges in the draft 2022/2023 budget.  Fees and charges that are new or have been varied since the 2021/2022 budget have a diamond indicator for easy identification to the right of the fee.

 

Officer’s Comment

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

 

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

 

Usually the fees increase in line with the Long Term Financial Plan and current CPI.  In light of this the fees and charges proposed for 2022/2023 that have an increase, have increased generally by 5.7%. Some fees and charges have remained the same as the previous year.

 

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


Consultation

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

 

Financial Implications

Within the 2021/2022 budget, fees and charges constituted $9.4m or 23% of the Shire’s operating revenue for the year.

 

Asset Management Implications

Nil

 

Statutory Implications

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

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

A financially sustainable and supportive organisation achieving operational excellence

 

Corporate Business Plan 2021/22 – 2024/25

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

 

Environmental Considerations

Nil

 

Attachments

a.

Schedule Fees and Charges 2022-2023 - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2022/2023 budget adoption.

Voting Requirement                       Simple Majority

 


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Item: 12.3.7  

Airport Cropping Licence Area Amendment Request

Author/s

Sarah Walsh

Coordinator Governance & Corporate Support

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/12388

 

Applicant

Peter & Sharon Stevens

 

Location/Address

Portion of Esperance Airport, Lot 15 Coolgardie-Esperance Highway Gibson.

 

Executive Summary

For Council to consider amending the licence area of the Airport Cropping Licence with Peter and Sharon Stevens to include a further 4.66ha2.

 

Recommendation in Brief

That Council amend the licence area of the Airport Cropping Licence with Peter and Sharon Stevens to include a further 4.66ha2.

 

Background

Peter and Sharon Stevens have been cropping the area surrounding the Airport runway for many years with the current Licence commencing in January 2021, for a term of 5 years with a 5 year option.

 

Mr & Mrs Stevens have requested to include an additional 4.66ha2 to their current licence area.

 

Officer’s Comment

The additional area being requested includes a disused gravel pit and some areas adjacent to the runway. The additional areas are depicted by the green coloured areas in Annexure B.

 

Asset management staff have advised that there are no issues with the old gravel pit being rehabilitated into farmland as it is now devoid of gravel.

 

The additional area offered to the Licensee has been considered with regard to airport regulations and will not impact the minimum distance required from the gable markers.

 

Allowing cropping to take place adjacent to the runway reduces the risk of fire, wildlife issues, and assists with weed management. It is therefore recommended to approve the proposal to extend the licence area.

 

It is expected that any works required to rehabilitate the area for the purpose of cropping will be the responsibility of Mr and Mrs Stevens.

 

Currently the annual rent paid under the licence is $2,009.76, being $22.70 Inc GST per ha. The additional area of 4.66ha will cause the annual rent to increase by $105.78 Inc GST, to be $2,115.54 Inc GST for 2022. This will be subject to annual rent reviews as stated within the current licence, of which the next is due in December 2022.

 

Consultation

Airport Operations Coordinator

Manager Council Enterprises

Asset Management

Peter & Sharon Stevens

 

Financial Implications

Lease variation fee of $220 Inc GST

Rent increase of $105.78 Inc GST per annum

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995

 

Policy Implications

COR 004: Building and Property Agreements

 

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

The land will be managed for weed, fire and wildlife mitigation.

 

 

 

Attachments

a.

Amendment Request Peter & Sharon Stevens

 

b.

Additional Licence Area

 

 

 

Officer’s Recommendation

That Council amend the licence area of the Airport Cropping Licence with Peter and Sharon Stevens for portion Lot 15 Coolgardie-Esperance Highway Gibson to include a further 4.66ha2, subject to;

1.   Lease variation fee of $220 Inc GST being payable;

2.   Annual rent to increase to $2,115.54 Inc GST, subject to scheduled rent reviews; and

3.   Any associated costs required to prepare the additional area for cropping to be the responsibility of the Licensee.

Voting Requirement                       Simple Majority

 


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Item: 12.3.8  

Financial Services Report - May 2022

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/12817

 

 

Attachments

a.

Financial Services Report - May 2022

 

 

 

Officer’s Recommendation

That Council receive the attached report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of April 2022.

Voting Requirement                       Simple Majority

 


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Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

12.4   Executive Services

Item: 12.4.1  

Information Bulletin - May 2022

Author/s

Emily Hegney

Executive Assistant

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/12810

 

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 - April 2022

 

b.

Corporate Performance - April 2022

 

c.

Delegations Discharge - Corporate Resources

 

d.

Letter from the Minister for Disability Services; Fisheries; Small Business; Seniors and Ageing

 

 

 

Officer’s Recommendation

That Council accepts:

1.       Information Bulletin – April 2022

2.       Corporate Performance – April 2022

3.       Delegations Discharge - Corporate Resources

4.       Letter from the Minister for Disability Services; Fisheries; Small Business; Seniors and Ageing

 

Voting Requirement       Simple Majority

 


Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

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Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

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Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

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Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

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Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

13.     Reports Of Committees

Nil

14.     Motions of which Notice has been Given

Nil  

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

 

 

 

16.     URGENT BUSINESS APPROVED BY DECISION

 

 


Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

17.     MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

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

 

Item: 17.1  

0453-22 - Prequalified Supplier Panel - Wild Dog Control

Confidential Item

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

Item: 17.2  

0452-22 - Prequalified Supplier Panel - Parks and Reserve Management

 Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)).

 

Item: 17.3  

0447-22 - Prequalified Supplier Panel - Professional Services

 Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)).

 

 

Item: 17.4  

0448-22 - Prequalified Supplier Panel - Workshop Services

 Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)).

 


Item: 17.5  

0449-22 - Prequalified Supplier Panel - Building Services

 Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)).

 

Item: 17.6

0451-22 - Prequalified Supplier Panel - Traffic Management

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal a trade secret, where the trade secret is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)).

 

 

Item: 17.7  

Lease Expression of Interest - Old Matron's Quarters Museum Village

 Confidential Item

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

 

 

Item: 17.8  

0459-22 - Flinders Estate Stage 4 – Subdivision Construction

 Confidential Item

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

 

Item: 17.9  

0417-21 - Desludging of Myrup Liquid Anaerobic Ponds

Confidential Item

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

 


Item: 17.10  

0461-22 - Myrup Waste Transfer Station - Detailed Design Developement

Confidential Item

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

 

 

Item: 17.11  

0437-22 - Sale of Blue Gum Trees

Confidential Item

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

 

Item: 17.12  

Updated Offer Head Tax Agreement - Regional Express (REX) Airline

Confidential Item

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

 

 

 


Ordinary Council: Agenda

24 May 2022                                                                                                                                 Page 1

 

18.     PUBLIC QUESTION TIME

 

 

 

19.     CLOSURE