Minutes of Ordinary Council

24 May 2022 Page 6

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
24 May 2022.

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 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.

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

2. ATTENDANCE

Members

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 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 A Palmer Trainee Administration Assistant – Executive Services

Miss E Godwin Trainee Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr I Mickel, AM JP President Rural Ward

Cr R Horan Town Ward

Motion

Moved: Cr Obourne

Seconded: Cr de Haas

O0522-104

That Council formally ratify/approve previously requested leave from the April OCM:

Cr Chambers 27 to 29 April 2022

Cr Horan 15 to 31 May 2022

CARRIED

F7 - A0

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Obourne

Seconded: Cr Flanagan

O0522-105

That Council accept the following leave of absence:

Cr de Haas 5 to 13 June

Cr O’Donnell 25 June to 2 July

Cr Chambers 15 June to 25 June

CARRIED

F7 - A0

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

Cr McMullen declared a financial interest in item 12.3.6 as he owns Plus Fitness, a gym in Esperance.

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 12.1.2 as his mother in law resides at the nursing home.

Cr de Haas declared an impartiality interest in item 17.3 as one of the applicants is a personal friend.

Cr O’Donnell declared an impartiality interest in item 17.8 as she is a long term client of the applicant.

7. PUBLIC QUESTION TIME

Nil Questions

8. PUBLIC ADDRESSES / DEPUTATIONS

Dr Nieukerke – Presentation of the Rotary Club Phone Book.

Dr Nieukerke spoke on behalf of the Rotary Club of Esperance in relation to the completion of their local Phone Book. He expressed gratitude toward the council for their support of the project. Dr Nieukerke gave a summary of the process and challenges for creating the document, including many changes over the last four years. They engaged many local people including the local business community of Esperance.

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr de Haas

Seconded: Cr McMullen

O0522-106

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

CARRIED

F7 – A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

26 Apr Met with constituent Re: Immigration

27 Apr Attended Esperance Power project Community Event

29 Apr Attended Federal Budget Briefing via Zoom

30 Apr Assisted fundraising event for Ukrainian refugees

30 Apr Met with constituent Re: Youth Mental Health

30 Apr Met with constituent Re: Esperance Energy Transition

10 May Attended Wesley Lifeforce Suicide Prevention Training

13 May Attended Twin Towns Committee Meeting

23 May Visited Adult and Teen Challenge With Rotary Club

Cr Flanagan

25 Apr Attended ANZAC day services

2 May Esperance Ratepayers Association monthly meeting

2 May Reconciliation Action Plan Meeting

Cr O’Donnell

28 Apr Attended ECCI event hosted by Esperance Toyota and Allup Silica

2 May Attended Esperance Senior Citizens Management Committee Meeting

7 May Attended Super Trouper’s Sunshine and Smiles Production at the Bijou Theatre

9 May Provided Meals on Wheels service to Esperance Home Care

10 May Chaired Disability Access and Inclusion Plan Reference Group Meeting

15 May Attended Kick Start National Volunteer week – Filmed Interview with volunteers.

16 May Attended WA State Budget Breakfast with Hon. Dr Tony Buti

23 May Attended Esperance Senior Citizens Management Committee Meeting

Cr Graham

24 May Attended Rare Foods Briefing

Cr de Haas

25 Apr Attended ANZAC day services

27 Apr Attended Horizon Power commissioning of Power Project

28 Apr Attended ECCI Business After Hours at Toyota

4 May Attended ECCI board Meeting

10 May Attended Fees and Charges Workshop15 May

15 May Attended Volunteers Week Afternoon Tea

16 May Attended Budget Breakfast

20 May Participated in Centercare Mental Health Well-being for Employees workshop

Cr Horan

27 Apr Attended information session

28 Apr Attended Toyota Sundowner

4 May Attended Conducted Esperance Port Tour

4 May Attended Port Community Consultative Meeting

Cr McMullen

Nil

Cr Chambers

25 April Attended the ANZAC Dawn Service

26 April Attended GVROC meeting via zoom

19 May Met with DBCA

Cr Mickel

27 April Attended the introductory meeting to establish an Esperance Liquor Accord.

2 May Attended the Reconciliation Action Plan Working Group meeting.

6 May Attended the Mayors & Presidents Conference facilitated by WALGA.

11 May Attended the LEMC meeting.

12 May Attended the Breakfast and Sundowner sessions of Work, Health, & Safety

16 May Attended the State Budget meeting convened by GEDC and ECCI

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.

P287#yIS1

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

RECOMMENDATION AND DECISION

12.1.1 Memorandum of Understanding - SAFE Esperance

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-107

Council Resolution

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.

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 21

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

RECOMMENDATION AND DECISION

12.1.2 Request for Funding - IGO COVID-19 Fund

Moved: Cr Flanagan

Seconded: Cr O'Donnell

O0522-108

Council Resolution

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.

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 26

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

RECOMMENDATION AND DECISION

12.2.1 Christmas Lights

Moved: Cr de Haas

Seconded: Cr McMullen

O0522-109

Council Resolution

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

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 29

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.

P629#yIS1

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

RECOMMENDATION AND DECISION

12.3.1 Licence Request - Horizon Power Electric Vehicle Charging Station

Moved: Cr McMullen

Seconded: Cr O'Donnell

O0522-110

Council Resolution

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

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 47

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

RECOMMENDATION AND DECISION

12.3.2 Adoption of Council Plan 2022-2032

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-111

Council Resolution

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.

CARRIED

F7 - A0

Miss Godwin left the Chambers at 4:30pm and did not return.

Ordinary Council: Minutes

24 May 2022 Page 73

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

RECOMMENDATION AND DECISION

12.3.3 Annual Review of the Delegated Authority Register 2022/2023

Moved: Cr Flanagan

Seconded: Cr de Haas

O0522-112

Council Resolution

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

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 84

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

RECOMMENDATION AND DECISION

12.3.4 Vacant Land for Sale by Tender

Moved: Cr McMullen

Seconded: Cr O'Donnell

O0522-113

Council Resolution

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).

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 100

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 10^th 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

Cr McMullen left the Chamber at 4:35pm.

RECOMMENDATION AND DECISION

12.3.6 Schedule Fees and Charges 2022/2023

Moved: Cr O'Donnell

Seconded: Cr de Haas

O0522-115

Council Resolution

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

CARRIED

F6 - A0

Cr McMullen returned to the Chamber at 4:38pm.

Ordinary Council: Minutes

24 May 2022 Page 103

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.

P1429#yIS1

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

RECOMMENDATION AND DECISION

12.3.7 Airport Cropping Licence Area Amendment Request

Moved: Cr Graham

Seconded: Cr Flanagan

O0522-116

Council Resolution

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.

CARRIED

F7 - A0

Ordinary Council: Minutes

24 May 2022 Page 188

18. Matters behind Closed Doors

Officer’s Comment:

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

Moving behind closed doors

Moved: Cr McMullen

Seconded: Cr Graham

O0522-119

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 0453-22 - Prequalified Supplier Panel - Wild Dog Control

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)).

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

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)).

17.3 0447-22 - Prequalified Supplier Panel - Professional Services

17.4 0448-22 - Prequalified Supplier Panel - Workshop Services

17.5 0449-22 - Prequalified Supplier Panel - Building Services

17.6 0450-22 - Prequalified Supplier Panel - Plant Hire

17.7 0451-22 - Prequalified Supplier Panel - Traffic Management

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

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

17.9 0459-22 - Flinders Estate Stage 4 – Subdivision Construction

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

17.10 0417-21 - Desludging of Myrup Liquid Anaerobic Ponds

17.11 0461-22 - Myrup Waste Transfer Station - Detailed Design Development

17.12 0437-22 - Sale of Blue Gum Trees

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

CARRIED

F7 - A0

Dr Nieukerke and Miss Ying left the Chamber at 4:45pm and did not return.

EN BLOC

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-120

That Council adopt the Officers Recommendations for the following items:

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

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

17.3 0447-22 - Prequalified Supplier Panel - Professional Services

17.4 0448-22 - Prequalified Supplier Panel - Workshop Services

17.5 0449-22 - Prequalified Supplier Panel - Building Services

17.6 0450-22 - Prequalified Supplier Panel - Plant Hire

17.7 0451-22 - Prequalified Supplier Panel - Traffic Management

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

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

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-121

Council resolution

That Council

1. Accept the following applicants for appointment to 0453-22 Prequalified Supplier Panel – Wild Dog Control as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

i. GP Hobson & H Hobson

ii. Mobile Windmill Service & Maintenance

iii. S A Green Contracting

2. Advise all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2022/23 financial year.

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

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

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-122

Council Resolution

That Council;

1. Accept the following applicants for appointment to 0452-22 Prequalified Supplier Panel Parks & Reserve as per the rates detailed in the attached “Schedule of Rates”, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

i. Ballantyne Earthmoving

ii. Esperance Tjaltjraak Services Pty Ltd

iii. Esperance Tree Lopping

iv. GHEMS Holdings

v. Key Pest & Weed Control

vi. Pink Lake Tree Works

vii. TD Contractors

viii. The Weed Terminator

ix. Titan Contracting Australia Pty Ltd

x. Esperance Farmlet Services

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.3 0447-22 - Prequalified Supplier Panel - Professional Services

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-123

Council Resolution

That Council;

1. Accept the following applicants for appointment to 0447-22 Prequalified Supplier Panel Professional Services as per the rates detailed in the attached “Schedule of Rates”, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

i. Bluemar Pty Ltd

ii. Brook & Marsh Pty Ltd

iii. Esperance Tjaltjraak Services Pty Ltd

iv. GHEMS Holdings Pty Ltd

v. Graham Gath Surveys

vi. JJ Ryan Consulting Pty Ltd

vii. JLM Surveys Pty Ltd

viii. 35 Degrees South

ix. Tilo Massenbauer

x. Triple K Projects T/A Bio Diverse Solutions

xi. Wells Building Designers and Consultants

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.4 0448-22 - Prequalified Supplier Panel - Workshop Services

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-124

Council Resolution

That Council

1. Accept the following applicants for appointment to 0448-22 Prequalified Supplier Panel – Workshop Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

I. GMN Mechanical

II. CPC Engineering

III. DSP Mechanical

IV. Esperance Combined Tyres & Mechanical

V. Gotem Group

VI. Southern Suspension & 4 x 4 Centre

VII. On Duty Diesel and Mechanical Pty Ltd

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

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.5 0449-22 - Prequalified Supplier Panel - Building Services

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-125

Council Resolution

That Council

1. Accept the following applicants for appointment to 0449-22 Prequalified Supplier Panel – Building Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

I. 9 Mile Test & Tag

II. Ambreez Pty Ltd Esperance Fire Services

III. Bills Doors & Servicing

IV. Bluemar Pty Ltd

V. Coastal Climate Choice

VI. Close Solutions Pty Ltd t/as South East Fire and Safety

VII. DJ & DP Coles

VIII. Dunn's Cleaning Service Pty Ltd

IX. Esperance Cabinets

X. Esperance Electrical Service

XI. Esperance Glass

XII. G & J Wilson Plumbing and Gas Service

XIII. Greg Horan Construction

XIV. Griffs Electrical

XV. Jmack Building

XVI. Key Pest & Weed Control

XVII. McKenzie’s Electrical Services

XVIII. Thermo Air

XIX. South Coast Test and Tag

XX. Wayne Herbert

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.6 0450-22 - Prequalified Supplier Panel - Plant Hire

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-126

Council Resolution

That Council

1. Accept the following applicants for appointment to 0450-22 Prequalified Supplier Panel – Plant Hire as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

i. Ballantyne Earthmoving

ii. Esperance Earthworks

iii. Beachwind Enterprises TA Lamour Earthmoving

iv. Stabilco Pty Ltd

v. TD Contractors

vi. WJ & V Easton

vii. AF & SP Ridgway

viii. Murrpar Pty Ltd T/A MLP Civil

ix. The Weed Terminator

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.7 0451-22 - Prequalified Supplier Panel - Traffic Management

Moved: Cr Obourne

Seconded: Cr McMullen

O0522-127

Council Resolution

That Council

1. Accept the following applicants for appointment to 0451-22 Prequalified Supplier Panel – Traffic Management as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

i. Jacka Trenching & Fencing

ii. Titan Contracting Australia Pty Ltd

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

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

Moved: Cr Obourne

Seconded: Cr de Haas

O0522-128

Council Resolution

That Council;

1. Surrender the lease with Stevie Lawrence for the Old Court House Museum Village, portion Lots 60 & 61 Dempster Street;

2. Enter into a lease with Stevie Lawrence for the Old Matron’s Quarters Museum Village, portion of Lots 57 & 58 Dempster Street;

3. Term of the lease to be 5 years;

4. Charge a lease fee of $13,866.60 Inc GST per annum and Council consider this valuation to be a true indication of the current market rental rate;

5. Charge a lease surrender fee of $220 Inc GST; and

6. Advertise the disposition in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.9 0459-22 - Flinders Estate Stage 4 – Subdivision Construction

Moved: Cr Graham

Seconded: Cr de Haas

O0522-129

Council Resolution

That Council:

1. Award Request for Tender 0459-22 Flinders Estate Stage 4 – Subdivision Construction to Sime Building Co Pty Ltd as per the lump sum price; and

2. Allocate an additional $1,432,000 in the 2022/23 budget towards the project.

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.10 0417-21 - Desludging of Myrup Liquid Anaerobic Ponds

Moved: Cr Flanagan

Seconded: Cr O'Donnell

O0522-130

Council Resolution

That Council

1. Accept Request for Quote 0417-21 Desludging of Myrup liquid Anaerobic Ponds from Dredging Solutions Pty Ltd as per the lump sum price; and

2. Approve a budget variation as per the table below:

Description		Budget Figure	Amended Figure	Variation
Truck Wash Bay Facility	W2154	292,250	327,250	35,000
Sanitation Reserve			(35,000)	(35,000)
Net result				Nil

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.11 0461-22 - Myrup Waste Transfer Station - Detailed Design Development

Moved: Cr Obourne

Seconded: Cr Flanagan

O0522-131

Council Resolution

That Council

1. Awards Request for Tender 0461-22 - Myrup Waste Transfer Station – Detailed Design Development to Talis Consultants Pty Ltd as per the lump sum price; and

2. Approve a budget variation as detailed in the table below:

Description		Budget Figure	Amended Figure	Variation
Myrup Waste Transfer Station – Detailed Design Development	W New	0	600,000	600,000
Transfer from Sanitation Reserve		0	(600,000)	(600,000)
Net result				Nil

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

17.12 0437-22 - Sale of Blue Gum Trees

Moved: Cr McMullen

Seconded: Cr de Haas

O0522-132

Council Resolution

That Council

1. Award Request for Tender 0437-22 Sale of Blue Gum Trees to Southern Pacific Fibre Pty Ltd as per the offer received;

2. Delegates to the CEO to enter into a Tree Purchase Agreement with Southern Pacific Fibre Pty Ltd as per the offer received; and

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

Description		Budget Figure	Amended Figure	Variation
Sale of Blue Gum Trees	W New	0	(325,000)	(325,000)
Rehabilitation of Lot 12 Kirwan Road	W New	0	150,000	150,000
Transfer to sanitation reserve		0	175,000	175,000
Net result				Nil

CARRIED

F7 - A0

RECOMMENDATION AND DECISION

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

Moved: Cr Flanagan

Seconded: Cr McMullen

O0522-133

Council Resolution

That Council:

1) Accept the updated offer from Regional Express (Rex) Airline to enter into a Fixed Revenue Agreement with the Shire for all inbound and outbound flights at Esperance Airport;

2) Authorise the CEO to enter into and sign a Community Fare Agreement with Rex for the period 30 June 2022 to 30 June 2025 subject to Rex committing to continue the Community Fare at the current rate of $139;

3) Set the initial head tax payable at $1,128,000 (exc GST), plus cumulative CPI increases for each subsequent financial year of the Agreement; and

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

CARRIED

F7 - A0

Coming from behind closed doors

Moved: Cr Graham

Seconded: Cr McMullen

O0522-134

That the meeting come from behind closed doors.

CARRIED

F7 - A0

The Presiding Member summarised the above Confidential Resolutions.

a ⇩.	Amended Cultural Protocols Policy
b ⇩.	Confirmation of Traditional Custodian Wording - ETNTAC

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

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