Minutes of Ordinary Council - Tuesday, 27 September 2022

27 September 2022 Page 5

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Salmon Gums Community Centre ON
27 September 2022.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4:07pm 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 President welcomed Councillors, staff, guests and members of the public to the meeting, and reminded them that the meeting is not being live streamed.

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr L de Haas Town Ward

Cr W Graham Rural Ward

Cr R Horan Town Ward

Cr S Flanagan

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mrs F Baxter Director Corporate & Community Services

Miss E Godwin Trainee Administration Officer

Members of the Public

7 members of the public attended

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr J Obourne Town Ward

Cr R Chambers Deputy President Town Ward

Mrs H Phillips Director External Services

Miss E Hegney Executive Assistant

Mr R Hindley Manager Strategic Planning & Land Projects

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Flanagan

Seconded: Cr O'Donnell

O0922-193

That Council accept the following leaves of absence:

Cr Chambers 24-29 September 2022

Cr McMullen 1-7 October 2022

Cr O’Donnell 6-9 October 2022

Cr Obourne 26 September – 9 October 2022

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

Mr S Burge declared a Financial Interest in item 17.4 as he is employed as CEO.

Cr Graham declared a Financial Interest in item 12.1.3 as he owns a holiday home.

Cr McMullen declared a Financial Interest in item 12.3.4 as one of the applicants is a business partner of his.

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Nil

7. PUBLIC QUESTION TIME

Dr K Nieukerke – BMT Report

Dr Nieukerke noted that there was no late item in the Agenda and asked the following two questions:

a) Is there a new date for the report?

Mr Walker responded to the question that the report wasn’t made available as the BMT Principal Engineers computer had a malfunction last Friday. The report was only received today at 3:45 pm which was too late for Council to review the item. The report will either go to the October Ordinary Council Meeting or a Special Council Meeting.

b) Would he be able to have access to the March 2019 Report?

The CEO answered that the document isn’t public knowledge at the moment, but will be made available for the Ordinary or Special Council Meeting with some redacting.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr de Haas

Seconded: Cr McMullen

O0922-194

That the Minutes of the Ordinary Council Meeting of the 23 August 2022 be confirmed as a true and correct record.

CARRIED

F7 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

Nil to report

Cr Flanagan

9 Sept Met with the CEO Esperance Aged Care Facility

12 Sept Attended the Reconciliation Action Plan working group meeting

Cr O’Donnell

22 Aug Attended Esperance Senior Citizens Management Committee Meeting

24 Aug Attended Cemetery Working Group Meeting

29 Aug Participated in Accidental Councillor eLearning by Lifeline Workplace Training

31 Aug Attended National Meals on Wheels Day morning tea at Esperance Homecare

5 Sept Provided Meals on Wheels service to Esperance Homecare

5 Sept Participated in ‘Be the Best Club Ever’ workshop

5 Sept Attended the Monthly Ratepayers and Electors Meeting

8 Sept Presented Showcase Pixels Art Awards

17 Sept Attended Ravensthorpe Wildflower Festival

Cr Graham

19 Sept Chaired Bush Fire Advisory Committee General Meeting

6 Sept Attended CEO Performance Review

Cr de Haas

24 Aug Attended ECCI meeting

29 Aug Attended ECCI Small Business Hydrogen Future Working Group

5 Sept Participated in ‘Be the Best Club Ever’ workshop

5 Sept Attended the Monthly Ratepayers and Electors Meeting

6 Sept Attended CEO Performance Review

7 Sept Attended ECCI meeting

8 Sept Presented Showcase Pixels Art Awards

9 Sept Participated in Rates Draw

21 Sept Attended ECCI meeting

23 Sept Participated in Rates Draw

Cr Horan

14 Sept Attended Stakeholder Function Southern Ports

16 Sept Attended PNG Independence Day Celebrations

19 Sept Chaired RoadWise Committee Meeting

Cr McMullen

Nil to report

Cr Chambers

Nil to report

Cr Mickel

26 Aug Attended GVROC meeting to discuss WALGA State Council agenda

31 Aug Presented to the Biosecurity Council of WA

5 Sept Attended the Seniors Forum feedback from community members

6 Sept Attended CEO Performance Review

8 Sept Met with Karli Florisson & Janine Riggs

9 Sept Attended meeting with Horizon Power CEO Stephanie Unwin

13 Sept Attended meeting at South Regional TAFE Esperance

13 Sept Attended YouthCare 50th Anniversary

16 Sept Attended the Esperance Residential College Graduation Ceremony

23 Sept Attended the Red Ball Tennis for the Mallee Schools

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Application for Development Approval - Oversized Outbuilding (Shed) - Lot 44 (539) Eleven Mile Beach Road, Pink Lake

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services
	Richard Hindley	Manager Building, Planning and Land Projects

File Ref: D22/26442

Applicant

Bradley Gray

Location/Address

Lot 44 (539) Eleven Mile Beach Road, Pink Lake

Executive Summary

That Council consider Development Application 10.2022.5065.1 for an Oversized Outbuilding (Shed) at Lot 44 (539) Eleven Mile Beach Road, Pink Lake.

Recommendation in Brief

That Council approve Development Application 10.2022.5065.1 for an Oversized Outbuilding (Shed) at Lot 44 (539) Eleven Mile Beach Road, Pink Lake subject to conditions.

Background

An application for development approval for an Oversized Outbuilding (Shed) was received by the Shire on 1 September 2022. Lot 44 (539) Eleven Mile Beach Road, Pink Lake is zoned Rural Residential and has a lot size of 3.6348ha.

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings (the Policy), the following applies:

Objective	The objective of these development requirements is to achieve a balance between: · Providing for the legitimate garaging, storage and other domestic needs of people living in rural-residential areas; and · Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of the rural residential area.
Permitted Uses of Outbuildings	· Must be for legitimate residential purposes. · Use of outbuildings for human habitation is not permitted. · Use of outbuildings for commercial or industrial purposes is not permitted except where development approval has been granted for a home based business.
Setbacks	As per provisions of Local Planning Scheme No. 24
Size	· Maximum area of outbuilding(s) per lot - 200m². · Maximum wall height – 4.5 metres · Maximum ridge height – 6.0 metres
Maximum Variation	· 25% for Site Area · 10% for Wall or Ridge Height · Where buildings of a greater area or height are normally required for a purpose permitted under the Scheme (as may be required for a greenhouse or other sheltered crops in a market garden), the maximum area of outbuildings is not to exceed 25% of the site area or wall height of 6.0 metres.
Consultation	Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of Clause 64 of the Deemed Provisions.

Applications for outbuildings that do not comply with the above development requirements will be assessed on a case by case basis and may be permitted subject to the following matters being considered in the assessment process:

· Demonstration that the larger size is required to satisfy specific domestic needs;

· The outbuilding being sited behind the front setback line for the dwelling;

· Use of non-reflective materials on the outbuilding and/or adequate screening from the road and neighbouring properties being provided; and

· Comments from the affected adjoining landowners.

The proposal calls for a new 300m² Outbuilding (Shed) to be constructed on the property, with a wall height of 4.2m and a ridge height of 5.17m. An existing Outbuilding (Shed) is to be demolished to make way for the new structure.

The 300m²site area is the only variation proposed. The proposal complies with wall height, ridge height and setbacks, with the site area variation representing a 50% increase over the normally permitted 200m²by itself. In addition, there are a number of structures on the property which may increase the plot ratio of Outbuildings on the property by approximately 60m² (not including a number of stables and animal enclosures which are assessed separately).

The applicant sought and obtained signed non-objections from the owners of both adjoining properties. However, one of the adjoining landowners later changed their position and lodged an objection.

Planning Officers subsequently discussed the objection with the applicant and suggested altering the location of the Outbuilding to satisfy the objector’s concerns. However, following a period of consideration the applicant requested the matter be forwarded to Council for determination rather than amending plans or attempting further mediation.

Officers can approve variations to the policy under delegated authority. However, as an objection was received from an adjoining landowner on valid planning grounds the application must be determined by Council.

Officer’s Comment

The proposed Outbuilding (Shed) calls for only one variation to the provisions of Local Planning Scheme No. 24 and Local Planning Policy: Outbuildings being a proposed 300m² site area where 200m² is the generally permitted maximum.

The applicant sought signed non-objections from the owners of both adjoining properties. However, one of the adjoining landowners later changed their position and lodged an objection.

Planning Officers discussed the objection with the applicant and suggested altering the location of the Outbuilding (Shed) to both satisfy the objectors concerns and which may have had other benefits in the long run (such as easier access, particularly in wet weather). However, the applicant has decided to maintain the proposed position of the Outbuilding (Shed).

The objection was on the following grounds:

Objection:	Planning Comment:
The proposed location of the Outbuilding (Shed) will block or interfere with views from Lot 48 (54) Barook Road to the Lakes.	There is no mechanism for protection of views under State Planning Legislation. Further, according to the Shire’s contour layers the Outbuilding (Shed) is to be constructed on land that is 5-6m above sea level. The objector’s house is on land that is 10-11m above sea level. Resultingly, there is a high likelihood the objector will maintain some form of view of the lakes. However, there will be some degree of impact owing to the proposed Outbuilding (Shed) being larger than the existing one.
Size and scale of the proposed outbuilding	The proposed Outbuilding (Shed) exceeds the maximum site area generally permitted for Outbuildings in the Rural Residential zone. However, this is a very common occurrence in the Rural Residential zone. The proposed Outbuilding (Shed) complies with wall height and ridge height criteria. As such, the building height is not considered to be valid grounds for objection.
Impact on local amenity	With the exception of site area, the proposed Outbuilding (Shed) is consistent with the standard requirements for the Rural Residential zone. Oversize Outbuildings are gaining prevalence in the Rural Residential zone as larger caravans and boats become more common. The location of the Outbuilding towards the rear of the property means that impact will largely be on adjoining landowners. Significant impacts on passing traffic or others in the area are unlikely.
The proposed Outbuilding is the type of commercial shed one might expect to see in a light industrial area or on a large commercial farm.	The Scheme and the Policy do not require specific materials or design features to be incorporated into an Outbuilding. The Outbuilding (Shed) is of a scale and design that is quite common within the Rural Residential area.
The proposed Outbuilding would overlook our property.	According to the Shire’s contour layers, the Outbuilding (Shed) is to be constructed on land that is 5-6m above sea level. The objector’s house is on land that is 10-11m above sea level according to the same data. The proposed location of the Outbuilding (Shed) is approximately 100m from the objector’s property boundary. Overlooking and privacy criteria do not apply as the structure is not for human habitation and does not include an elevated outdoor living area.
The potential light and noise pollution from the proposed Outbuilding.	Unlike zincalume which is known to cause significant light issues, the proposed Outbuilding (Shed) will likely be constructed of Colorbond Steel which is not normally regarded as a material causing a high level of light nuisance. The proposed Outbuilding (Shed) is to be located approximately 300m from the objector’s house and is to be used for domestic and vehicle storage. As such, there should not be any significant noise or light issues.
The proposed Outbuilding will devalue our property.	There is no mechanism for protection of property values under State Planning Legislation.

Variations to the Outbuilding (Shed) criteria are very common in the Rural Residential zone particularly when it comes to larger Outbuildings. These variations are normally due to a need for housing vehicles, property maintenance and domestic storage, though occasionally someone will seek to operate a home business or similar from an Outbuilding.

The amenity impacts on the objector are anticipated to be minimal, and the applicant’s justification the proposed Outbuilding is for a combination of domestic and vehicle storage which requires a larger site area is considered acceptable.

Consultation

The application was advertised by Planning Officers to both adjoining landowners between 3 August and 24 August 2022.

While advertising was underway, the applicant sought and obtained signed non-objections from the owners of both adjoining properties. However, one of the adjoining landowners later changed their position and lodged an objection with Planning Services.

Financial Implications

Application fees totalling $228.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Local Planning Scheme No. 24

Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

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

Strategic Implications

Council Plan 2022 – 2032

Place - Outcome 7. Responsible planning and development

Objective 7.1. Enable access to land and development opportunities to meet local needs.

Environmental Considerations

Nil

Attachments

a ⇩.	Plans
b ⇩.	Objection

RECOMMENDATION AND DECISION

12.1.1 Application for Development Approval - Oversized Outbuilding (Shed) – Lot 44 (539) Eleven Mile Beach Road, Pink Lake

Moved: Cr Flanagan

Seconded: Cr de Haas

O0922-195

Council Resolution

That Council approve Development Application 10.2022.5065.1 for an Oversized Outbuilding (Shed) at Lot 44 (539) Eleven Mile Beach Road, Pink Lake subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plan(s) unless otherwise required or agreed in writing by the Shire of Esperance.

2. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

3. The Outbuilding (Shed) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

4. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance. Stormwater is to be directed away from footings and on-site effluent disposal systems.

5. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

6. The emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, chemicals and/or any other type if emission that may potentially impact on environmental and/or public health are to be mitigated within the boundaries of the premise and must not impact on public health and/or cause nuisance to users or occupants of adjoining premises.

7. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented.

8. The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

AND the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance.

2. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

3. It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

4. It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5. Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6. The development the subject of this development approval is required to comply with the Shire Esperance Health Local Laws 2009.

7. The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

8. A licence from the Department of Water and Environmental Regulation (DWER) may be required to install a water bore on-site. Consultation should occur with the DWER for further information in this regard.

9. The Outbuilding (Shed) is not to be located within 1.2 metres of septic tanks or 1.8 metres of leach drains.

10. Use of reflective materials, such as Zincalume, is discouraged.

CARRIED

F7 - A0

Ordinary Council: Minutes

27 September 2022 Page 21

Item: 12.1.2

New Fees - Esperance Cemeteries

Author/s	Neroli Logan	Manager Development and Statutory Services
Authorisor/s	Holly Phillips	Director External Services

File Ref: D22/26398

Applicant

Internal

Location/Address

Shire of Esperance Cemeteries - Esperance, Salmon Gums, Grass Patch and Condingup.

Executive Summary

For Council to consider the introduction of two (2) new fees for the Cemeteries.

Recommendation in Brief

For Council to adopt a new Cemetery Administration fee and a Single Funeral Permit fee and give public notice of the imposition of the new fees.

Background

Officers have identified that there is currently no set fee within the Shire of Esperance Schedule Fees and Charges to issue a Single Funeral Permit to applicants who choose to coordinate their own funeral.

As this option is provided for in the Cemeteries Local Law 2002, it is necessary to cover all aspects of managing the request for a Single Funeral Permit by an applicant.

A Single Funeral Permit provides a mechanism for families to conduct their own funeral to celebrate the life of a deceased person in a very personal way. The applicant of a Single Funeral Permit will assume the appointment of “funeral arranger” taking on the roles and responsibilities of a licensed funeral director.

In addition, there is no set Cemetery Administration fee to support the true service costs associated with handling matters such as coordinating refunds or transferring a Grant of Right of Burial (GROB). This issue was identified following the request from a GROB holder to relinquish a plot at the Esperance Cemetery.

Officer’s Comment

A review of historical records revealed the Shire has not received a request for a Single Funeral Permit in the past twenty (20) years. However, the Shire recently received a service request from a member of the community considering the option of coordinating a service.

The Single Funeral Permit process requires an applicant to obtain public liability insurance to the value of $5M, arrange the safe holding of the body prior to burial, secure a substantial and respectable coffin for the deceased and provide a suitable and approved method of transport for the body and coffin within the cemetery.

A Single Funeral Permit Information Sheet, application form, and supporting documents have been developed by Officers. This process included the creation of a procedure to explain and manage any Single Funeral Permit request.

The fees of several local government authorities were considered in establishing the proposed Single Funeral Permit fee. These fees ranged from $85 to $1175. It is recommended that the Single Funeral Permit fee is introduced and set at $675 (GST Exempt) which is consistent with the Metropolitan Cemeteries Board.

The proposed Cemetery Administration fee is consistent with administration fees in the Shire’s Environmental Health Services area which range between $75 to $93. Based on this information, it is recommended that the new Cemetery Administration fee is set at $75 (GST inc.)

Consultation

Metropolitan Cemeteries Board

Esperance Funeral Services

Shire of Ravensthorpe

Manager Financial Services

Manager Building, Planning and Land Projects

Cemeteries Working Group

Financial Implications

The financial implications arising from this report for the remainder of the 2022/23 financial year will be a marginal increase to the Cemetery Fees and Charges.

Asset Management Implications

Nil

Statutory Implications

The statutory Implications associated with this item are;

· Part 6, Division 5, s 6.16 of the Local Government Act 1996 deals with the imposition of new fees and charges; and

· Part 6, Division 4, s 6.6 of the Local Government Act 1995 deals with amendments to the Annual Budget.

Policy Implications

Nil

Strategic Implications

Council Plan 2022 – 2032

Performance - Outcome 14. Community confidence and trust in Council

Objective 14.1. Provide transparent, accountable and effective leadership.

Environmental Considerations

Nil

Attachments

Nil

RECOMMENDATION AND DECISION

12.1.2 New Fees - Esperance Cemeteries

Moved: Cr McMullen

Seconded: Cr Horan

O0922-196

Council Resolution

That Council;

1. Adopts the following new Fees:

a. Cemetery Administration - $75 (GST Inc); and

b. Single Funeral Permit - $675 (GST Exempt).

2. Give public notice of the imposition new fees.

CARRIED

F7 - A0

Ordinary Council: Minutes

27 September 2022 Page 24

Item: 12.1.3

Consultation Outcomes - Regulation of Holiday Houses in Esperance

Author/s	Holly Phillips	Director External Services
Authorisor/s	Holly Phillips	Director External Services

File Ref: D22/23223

Cr Graham declared his interest and left the room at 4:30pm.

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to receive the Consultation Outcomes Report on the Regulation of Holiday Houses in Esperance.

Recommendation in Brief

That Council receives the Consultation Outcomes Report and requests the CEO prepare a report on priority changes to the current regulatory regime, based on the consultation findings, for future consideration by Council.

Background

Holiday Houses have been the subject of intense public interest in Esperance and surrounding areas for several years. Many visitors choose to holiday and recreate in the area, and the community relies heavily on seasonal tourism to provide a boost to the local economy.

Despite the evident economic benefits, Holiday Houses can cause amenity impacts on neighbours given the nature of un-hosted accommodation. Further, some community members have expressed concerns to the Shire that the increasing use of properties for short-stay accommodation is diverting affordable housing stock from the local rental market.

The prominence of online booking platforms adds a further layer of complexity given the increasing volume of listed properties, varying standards of management and difficulties undertaking enforcement and compliance as the Shire does not regulate the online short-term accommodation industry.

At present, there are an estimated 150 ‘approved’ Holiday Houses in Esperance. It is estimated there are a further 30 ‘unapproved’ Holiday Houses. However, is difficult to verify the number of unapproved properties without allocating significant resources to investigation and evidence gathering.

From 20 June 2022 to 1 August 2022, the Shire undertook a community consultation process to explore community views, particularly those directly impacted by the sector, on what, if any, changes are required to current regulation of holiday houses in Esperance.

The consultation process predominantly occurred via the Shire’s Social Pinpoint Platform, targeting Holiday House owners, property managers, managing agents, neighbours, tourism providers, industry associations, community members and others.

Written submissions were also accepted by the Shire.

Promotion included newspaper advertisements, radio interviews, social media, e-News, industry newsletters, and direct engagement with registered Holiday House owners.

As part of the engagement, stakeholders were invited to provide comments on a range of options for change including:

· Excluding Holiday Houses in certain areas;

· Revising occupancy standards;

· Stronger governance;

· Prohibiting unattended dogs;

· Periodic renewal of planning approvals; and

· Other opportunities.

To assist the consultation process, officers produced a Briefing Paper, Frequently Asked Questions, and various accompanying documents.

Officer’s Comment

The consultation process had a total reach of 100,828 people.

Via the Shire’s Social Pinpoint Platform, stakeholders were able to complete the Consultation Survey, access an Interactive Map, or post ideas on the Ideas Wall. Written submissions were also accepted at holidayhouses@esperance.wa.gov.au.

The process generated 236 submissions, comprising:

· 208 Survey responses;

· 7 Interactive Map comments;

· 11 Ideas Wall comments; and

· 10 written submissions.

A total of 2,824 visits were made to the Social Pinpoint webpage by 833 visitors. The Consultation Survey, created in SurveyMonkey, was the most successful, and the only quantitative, means of gathering data.

The survey was comprised of seven (7) questions and structured to gain qualitative feedback. Respondents were restricted to a choice of predetermined questions depending on the respondent’s:

a) Satisfaction with the current regulation of Holiday Houses in Esperance; or

b) Dissatisfaction with the current regulation of Holiday Houses in Esperance.

Officers did not set out to achieve a statistically significant sample based on the population size. This determination was made on the basis that respondents were likely to be stakeholders who were particularly interested in the subject matter (with some not residing in Esperance).

Summary of Findings:

· 49% of respondents were satisfied with the current regulation of Holiday Houses

· 51% were of respondents were not satisfied with the current regulation of Holiday Houses, of these:

o 53% of respondents agreed with the proposal to limit Holiday Houses to areas of high tourism amenity.

o 67% of respondents agreed with the proposal to apply occupant restrictions on Holiday Houses based on the property Lot size.

o 88% of respondents supported stronger governance of the sector.

o 63% of respondents supported the proposed prohibition of unattended dogs.

o 80% of respondents agreed with the introduction of a periodic renewal process for Holiday House approvals.

o 75% of respondents supported the introduction of other opportunities to regulate the sector.

Evidently, there are mixed levels of support for increased regulation of Holiday Houses in Esperance. Perspectives on current regulation also differs greatly depending on the type of stakeholder and their level of involvement with Holiday Houses.

Survey results indicate there is marginal support, at best, for the introduction of exclusion areas for Holiday Houses. The greatest levels of opposition to the proposal were from those directly involved in the industry who felt they would be unfairly penalised by the measure and visitors to Holiday Houses who sought diversity regarding locations at which to stay. While there was support for the proposal by local businesses and neighbours, the difficulties in establishing ‘fair’ borders were of concern to the broader community.

Levels of support for revised occupancy standards were greatest amongst neighbours of a Holiday House as the stakeholders most impacted by noise and other amenity issues. While there was direct opposition from those directly involved in the industry, there is evidently a level of support for the proposal from community members and local businesses.

The strongest level of support was for stronger sector governance, which was broadly supported across all stakeholder groups. Levels of support for stronger governance were based on the need for improved approval conditions, quality standards, complaints responsiveness and management practices. The concept of a Code of Conduct was also supported.

The proposal to prohibit unattended dogs at Holiday Houses received mixed levels of support from respondents. The strong demand for travellers seeking pet-friendly accommodation was evident in the survey results however the nuisance caused by anxious pets was greatly felt by neighbours of Holiday Houses.

The concept of introducing periodic renewals of planning approvals was well-supported. Support was expressed across all stakeholder groups, apart from those directly involved in the industry who were largely undecided on the proposal. The frequency of renewal will need to be considered against the administrative impost on the Shire in the event this option is explored further by Council.

Other opportunities that were identified by respondents included the possible introduction of caps or limits on the total number of properties approved and increased fees, rates or property valuation practices which recognise the commercial nature of Holiday Houses.

Addressing the current shortage of housing and rental properties in Esperance was identified as a priority by many respondents. It is recognised that the Shire has an ongoing role to play in advocating for greater community outcomes in this regard, which has been identified in the Council Plan 2022-32.

In all respects, increased resources are required to achieve a satisfactory level of service provision, administration and enforcement activity related to Holiday Houses in the community. The introduction of any of the opportunities for change, or other measures, will not be achievable without this.

Certainly, the process of consultation has generated a rich profile of stakeholder and community sentiment towards the management and prevalence of Holiday Houses in Esperance. This information will be invaluable in considering which measures warrant further investigation by Council into the future.

Consultation

Outlined in the attached Consultation Outcomes Report.

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

The Shire’s regulation of Holiday Houses in Esperance is governed by Local Planning Scheme No. 24 and Local Planning Policy - Holiday House Development Requirements.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2022 - 2032

Prosperity - Outcome 13. A vibrant and welcoming tourism destination

Objective 13.1. Lead the promotion of Esperance as a destination of choice.

Environmental Considerations

Nil

Attachments

a ⇨.

Consultation Outcomes Report - Regulation of Holiday Houses in Esperance - Under Separate Cover

RECOMMENDATION AND DECISION

12.1.3 Consultation Outcomes - Regulation of Holiday Houses in Esperance

Moved: Cr McMullen

Seconded: Cr O'Donnell

O0922-197

Council Resolution

That Council:

· Receive the Consultation Outcomes Report on the regulation of Holiday Houses in Esperance; and

· Request the CEO prepare a report on priority changes to the current regulatory regime, based on the consultation findings, for future consideration by Council.

CARRIED

F6 - A0

Cr Graham returned to the room at 4:34pm

Ordinary Council: Minutes

27 September 2022 Page 30

12.3 Corporate & Community Services

Item: 12.3.1

Salmon Gums Gun Club Lease Surrender Request and Sporting Shooters Association of Australia Salmon Gums Branch Inc. Lease Request

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

File Ref: D22/2535

Applicant

Salmon Gums Gun Club Incorporated

Sporting Shooters Association of Australia Salmon Gums Branch Incorporated (Salmon Gums Pistol Club)

Location/Address

Lot 121 Salmon Gums East Rd Salmon Gums, Reserve 27786.

Executive Summary

For Council to consider surrendering the current lease with the Salmon Gums Gun Club for Lot 121 Salmon Gums East Rd Salmon Gums, Reserve 27786, and then entering into a new lease with the Salmon Gums Pistol Club for a smaller portion of Lot 121 Salmon Gums East Rd Salmon Gums, Reserve 27786, subject to the approval of the Minister for Lands.

Recommendation in Brief

That Council agrees to surrender the lease with the Salmon Gums Gun Club for Lot 121 Salmon Gums East Rd Salmon Gums, Reserve 27786, subject to the approval of the Minister for Lands.

That Council agrees to enter into a lease with the Salmon Gums Pistol Club for portion of Lot 121 Salmon Gums East Rd Salmon Gums, Reserve 27786, subject to the approval of the Minister for Lands.

Background

The Salmon Gums Gun Club (Gun Club) started using the property for shooting, recreation and built clubrooms during the 1980s when Salmon Gums was part of the Shire of Dundas. The land was vested to the Shire of Esperance in November 1989, and the Gun Club has continued to operate from the premises since this time.

In 2013, the Gun Club and the Shire of Esperance entered into a 5-year land only lease, with the Gun Club being responsible for the maintenance of the buildings and sheds. The lease was renewed for a further term of 5 years upon its expiry in 2018 and is due to expire in June 2023.

In February 2022, the Gun Club requested to surrender their lease, explaining that they are experiencing a lack of financial members to meet their current costs. With a trend of farms in the area amalgamating, there is a lack of new members joining.

Currently the Salmon Gums Pistol Club (Pistol Club) utilises a portion of this property from the Gun Club. They utilise and own a separate clubhouse and pistol range in the northern portion of the property, as shown in the location map above. The Pistol Club have expressed their interest to enter into a lease with the Shire, for that portion of land only, so that they can continue carrying out their activities and using their club rooms.

Officer’s Comment

The current lease with the Gun Club is for land only as they built, and are responsible for all repairs and maintenance of their buildings. Clause 17.1 of the Gun Club’s lease states that the Lessee is required to remove all buildings and property upon termination of the lease. Officers estimate the cost of demolition could be approximately $50,000 due to the remote location and requirement for a qualified contractor with a demolition licence to undertake the works.

The power connection to the Pistol Club is currently sub-metered from the Gun Club building. If the Gun Club building were to be demolished, the best power supply option would be for the Pistol Club to purchase a small generator, as running a direct power supply from the existing meter could cost between $20,000 and $30,000.

Alternately, if Council determine the Gun Club is not required to remove their buildings, the Shire would assume responsibility for them until such time as another group submits a proposal for use of the Gun Club building. It is estimated that initial maintenance works of approximately $17,000 would be required to bring the building up to a reasonable standard, with maintenance of approximately $7,000 per annum expected for future years. Boarding up the windows and doors is also recommended to minimise the risk of vandalism while the building is not in use, at an estimated cost of $5,000.

Officers have reached out to the Salmon Gums Development Group to see if they would have a use for the existing Gun Club buildings. At this stage, there has been no formal proposal put forward in this regard and they advised that they have decided to not make any decisions on the building at the moment.

A new lease with the Pistol Club for the smaller portion of the property would be drawn up as a land only lease, as they own the building and will remain responsible for all outgoings, operational maintenance, and renewal of the building. The Pistol Club has requested an ongoing lease term and therefore it is recommended that the term be 21 years, being the maximum allowed for this reserve.

The Pistol Club will be responsible for the maintenance of the access road leading into the property from Salmon Gums East Road, jointly with any other users of the site.

Alternative Recommendation: Council Request Removal of Gun Club Buildings

That Council, subject to Minister for Lands approval;

1. Surrender the Lease with Salmon Gums Gun Club for Reserve 27786, Lot 121 Salmon Gums East Rd, subject to;

a) The surrender fee of $220 Inc GST being payable; and

b) The Lessee boarding up the windows and doors.

2. Enter into a lease with the Sporting Shooters Association of Australia Salmon Gums Branch (Salmon Gums Pistol Club) for portion of Reserve 27786, Lot 121 Salmon Gums East Rd, subject to;

a) Term of the lease being 21 years;

b) Annual lease fee of $110 Inc GST being payable;

c) Lease preparation fee of $ 132 Inc GST being payable;

d) The lease being drawn up as a land only arrangement utilising the standard Sporting and Community Lease template; and

e) The lease including provision for the Pistol Club to maintain the access road, jointly with any other users of the site.

Consultation

Salmon Gums Gun Club

Salmon Gums Pistol Club

Salmon Gums Development Group

Coordinator Building Services

Compliance Officer

Coordinator Environmental Health

Manager Economic Development

Manager Building, Planning and Land Projects

Manager Asset Planning

Financial Implications

Salmon Gums Gun Club

Surrender fee $220 Inc GST

Salmon Gums Pistol Club

Lease preparation fee $132 Inc GST

Annual rent of $110 Inc GST

Asset Management Implications

Existing buildings are the property of the Gun Club. If all buildings and property are to be removed by the Gun Club upon the termination of the lease as per clause 17.1 of the lease, there will be minimal asset management implications.

The Pistol Club own their building and are responsible for all related maintenance and renewal costs.

If Council resolve to take over responsibility of the Gun Club building, maintenance costs are estimated at $17,000 for the initial year, with maintenance of approximately $7,000 per annum for future years.

Securing the building, such as boarding up windows and doors, will be required while the building is not in use to minimise the risk of vandalism, and is estimated to cost approximately $5,000.

Statutory Implications

Local Government Act 1995 – s.3.58 Disposing of Property

Local Government (Functions and General) Regulations 1996 – r.30(2) Dispositions of property excluded from Act s.3.58

Land Administration Act 1997 – s.18 Crown land transactions that require Minister’s approval

Policy Implications

COR 004: Building and Property Agreements

Strategic Implications

Council Plan 2022 - 2032

People - Outcome 2. A healthy and active community

Objective 2.2. Increase participation in sport and recreation activities.

Facilitate and support sport, recreation, arts and cultural activities

Environmental Considerations

Nil

Attachments

a ⇩.	Lease Surrender Request - Salmon Gums Gun Club - Reserve 27786 - Lot: 121 Pln: 218030 - Salmon Gums East Road SALMON GUMS - 2022/01/21
b ⇩.	Salmon Gums Pistol Club Lease Application Form

RECOMMENDATION AND DECISION

12.3.1 Salmon Gums Gun Club Lease Surrender Request and Sporting Shooters Association of Australia Salmon Gums Branch Inc. Lease Request

Moved: Cr Flanagan

Seconded: Cr de Haas

O0922-198

Council Resolution

That Council, subject to Minister for Lands approval;

1. Surrender the Lease with Salmon Gums Gun Club for Reserve 27786, Lot 121 Salmon Gums East Rd, subject to;

a) The surrender fee of $220 Inc GST being payable.

b) The lessee removing their property and buildings as per clause 17.1 of the lease.

2. Enter into a lease with the Sporting Shooters Association of Australia Salmon Gums Branch (Salmon Gums Pistol Club) for portion of Reserve 27786, Lot 121 Salmon Gums East Rd, subject to;

a) Term of the lease being 21 years;

b) Annual lease fee of $110 Inc GST being payable;

c) Lease preparation fee of $132 Inc GST being payable;

d) The lease being drawn up as a land only arrangement utilising the standard Sporting and Community Lease template; and

e) The lease including provision for the Pistol Club to maintain the access road, jointly with any other users of the site.

CARRIED

F7 - A0

Ordinary Council: Minutes

27 September 2022 Page 38

Item: 12.3.2

Lease Renewal Esperance Netball Association

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

File Ref: D22/25349

Applicant

Esperance Netball Association

Location/Address

Lot 500 Black Street Esperance

Executive Summary

For Council to consider renewing the lease with the Esperance Netball Association for their clubroom building.

Recommendation in Brief

That Council agrees to enter into a new lease with the Esperance Netball Association for their clubroom building.

Background

The Esperance Netball Association (Association) began leasing the premises in 1990 and since this time has maintained and improved the clubroom facilities and erected shelters for players and spectators.

The clubrooms are currently used for meetings, storage, events and display of plaques and trophies. Meetings are held approximately weekly in the off-season and 2-3 times per week during the Netball season.

The Association currently utilises the Esperance Indoor Stadium (EIS) and Graham Mackenzie Stadium for their games. This includes free use of the EIS foyer for functions, and free access to the courtside office during the netball season. In addition, the Association hires the EIS kitchen for $26 p/month during the season.

The Association does not currently utilise the Noel White Centre for their meetings and events. The Association’s affiliation with EDRA would provide access to the Centre’s meeting room for 2x 2-hour meetings p/annum.

Outside of this, meeting room hire is $21 p/hour and function room hire is $40 p/hour. Costs associated with accessing an equipment cage is $110 p/annum.

The current lease for the premises is due to expire 30 September 2022, and the Association has requested to renew their lease for a further 10 years.

Officer’s Comment

Discussion with Officers has identified no concerns with the lease being renewed at this time. However it is proposed that a term of 5 years be approved rather than the proposed term of 10 years, to support the Association’s transition to the Noel White Centre as proposed in the Greater Sports Ground Master Plan (GSG Masterplan).

The GSG Masterplan, which has been agreed to by all clubs, has indicated that the clubroom building would remain on site, however would be available for use by alternative Clubs. Particular arrangements in this regard are currently under consideration.

It is noted that construction of the new outdoor courts has begun and the existing outdoor courts will be removed/repurposed from the existing lease area in the next 12 to 18 months.

Consultation

Esperance Netball Association

Manager Building, Planning & Land Projects

Coordinator Building Services

Coordinator Environmental Health

Compliance Officer

Events & Community Development Coordinator

Manager Parks & Environment

Director Asset Management

Financial Implications

Lease preparation fee of $140 Inc GST

Annual rent of $110 Inc GST

Asset Management Implications

Nil – land only lease

Statutory Implications

Land Administration Act 1997 – Section 18 Crown land transactions that need Minister’s approval

Local Government Act 1995 – Section 5.38 Disposing of Property

Local Government (Functions and General) Regulations 1996 – Section 30(2)(e) Dispositions of property excluded from Act s.3.58

Policy Implications

COR 004: Building and Property Agreements

Strategic Implications

Council Plan 2022 – 2032

People - Outcome 2. A healthy and active community

Objective 2.2. Increase participation in sport and recreation activities.

Environmental Considerations

Nil

Attachments

a ⇩.

Netball Association Lease Request

RECOMMENDATION AND DECISION

12.3.2 Lease Renewal Esperance Netball Association

Moved: Cr O'Donnell

Seconded: Cr de Haas

O0922-199

Council Resolution

That Council enter into a new lease with the Esperance Netball Association for portion of Lot 500 Black Street, Esperance, subject to;

1. Department of Lands’ approval;

2. Term of the lease being 5 years;

3. Lease preparation fee of $140 Inc GST;

4. Annual lease fee of $110 Inc GST being payable;

5. The outdoor courts being removed from the lease area; and

6. The Esperance Netball Association transitioning to the Noel White Centre for future meeting and events to align with the Greater Sports Ground Master Plan.

CARRIED

F7 - A0

Ordinary Council: Minutes

27 September 2022 Page 43

Item: 12.3.3

Prioritisation of CSRFF Grant Applications

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

File Ref: D22/25357

Applicant

Internal Report

Location/Address

N/A

Executive Summary

Council is required to endorse and prioritise applications for the current Community Sporting and Recreation Facilities Fund (CSRFF) Annual and Forward Planning Grants Round, to enable them to be submitted to the Department of Local Government, Sport and Cultural Industries (DLGSCI).

This round there are two applications to be considered.

1. Esperance Football and Sporting Clubs - Lighting Project application (see attachment A) to the CSRFF Annual and Forward Planning Grants round for $119,229.60 (ex GST).

2. Esperance Goldfields Surf Life Saving Clubs – Clubhouse Redevelopment application (see attachment B) to the CSRFF Annual and Forward Planning Grants round for $102,640 (ex GST).

Recommendation in Brief

That Council:

1. Endorses the CSRFF Annual and Forward Planning Grant applications

a. from the Esperance Football and Sporting Clubs – Lighting Project for $119,229.60 (ex GST).

b. from the Esperance Goldfields Surf Life Saving Clubs – Clubhouse Redevelopment for $102,640 (ex GST).

2. Prioritises the two applications as follows

1. Esperance Football and Sporting Club

2. Esperance Goldfields Surf Life Saving Clubs

Background

The Department of Local Government, Sport and Cultural Industries (DLGSCI) through the CSRFF to provide financial assistance to community groups and local governments to develop infrastructure for sport and recreation. The program aims to increase participation in sport and recreation with an emphasis on increasing physical activity through well planned facilities. The 2022/23 funding round has $12.5 million available for allocation.

This application relates to the DLGSCI Annual and Forward Planning Grants category:

Annual and Forward Planning Grants Round (opened June 2022).

The CSRFF annual and forward planning grants program targets projects over $300,000. Grants given in this category can be claimed up to three financial years following the date of approval, depending on the requirements and approved details of the project.

Applications must be completed with all required documentation and submitted to the Shire by the end of August 2022 for presentation to Council at the September 2022 Council Meeting. Applications are then forwarded to the Department of Local Government, Sport and Cultural Industries Office by the local government by 4pm 30^th September 2022. Applicants are notified of the outcome around late December 2022 or early January 2023.

Esperance Football and Sports Clubs presented to council as part of the Community Grants process in 2022 and were successful in receiving a pre-allocation of $95,130.60 (ex GST) in the 2023/24 annual budget. This pre-commitment meant that the Esperance Football and Sporting Club could apply for the current CSRFF Annual and Forward Planning grants round.

The following was resolved at the June 2022 Ordinary Council meeting:

That Council:

Includes $95,130.60 into the 2023/2024 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program.

Esperance Goldfields Surf Life Saving Clubs have received a commitment from the Shire towards their clubs building compliance upgrades. $69,141 (ex GST) has been budgeted towards this stage of the Clubhouse Renovation project.

Applications must be endorsed by Council and prioritised and submitted to the Department of Local Government, Sport and Cultural Industries by the advertised closure dates.

Officer’s Comment

There are two applications for this round of CSRFF Annual and Forward Planning Grants round. The application process requires the applicable Local Government to endorse and prioritise the applications from within the local area.

Following review by officer’s both applications are believed to be worthy of support. The Esperance Football and Sporting Clubs – Lighting Project is recommended as priority (1) due to the corroded condition of the current light towers and the likely hood that they will not be for fit for use in the upcoming season. This project will ensure a safer quality playing area, which is a priority within CSRFF guidelines and is part of the Shire’s Strategic Community Plan.

Ranking the Esperance Goldfields Surf Life Saving Clubs – Clubhouse Redevelopment priority (2) doesn’t reflect a lack of value in that project. This project does fit in with the priorities of the CSRFF guidelines and is part of the Shire’s Strategic Community Plan. Change-rooms and ablutions are a priority and the social space, kitchens, training rooms and administration areas are considered a lower priority.

Consultation

Applicants have liaised with Shire Officers and with the DLGSCI and Goldfields Regional Manager as is required under the grant application process.

The applications have been reviewed by the Community Development & Events Coordinator and the Community Development Officer.

Esperance Football & Sporting Club has previously presented to Council with regards to this project.

Financial Implications

Financial implications for the Esperance Football & Sporting Club will be dealt with as part of the 2023/24 budget process, with Council’s contribution being pre-committed previously.

The Shire have budgeted $69,141 (ex GST) towards this stage of the Esperance Goldfields Surf Life Saving Clubs Clubhouse Renovation project.

Asset Management Implications

Management of any new infrastructure will be the responsibility of Esperance Football and Sporting Club.

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 – 2032

Community Connection

A variety of accessible sport and recreation opportunities and activities

Develop and promote active and passive sport and recreation opportunities for all ages and abilities

Environmental Considerations

Nil

Attachments

a ⇨.	CSRFF Application Esperance Football and Sporting Club 2023/24- Additional support documentation received and available from Shire Officer upon request. - Under Separate Cover
b ⇨.	CSRFF Application Esperance Goldfields Surf Life Saving Club 2023/24 - Additional support documentation received and available from Shire Officer upon request - Under Separate Cover

RECOMMENDATION AND DECISION

12.3.3 Prioritisation of CSRFF Grant Applications

Officers Recommendation

That Council:

1. Endorses the CSRFF Annual and Forward Planning Grant applications

a. from the Esperance Football and Sporting Clubs – Lighting Project for $119,229.60 (ex GST).

b. from the Esperance Goldfields Surf Life Saving Clubs – Clubhouse Redevelopment for $102,640 (ex GST).

2. Prioritises the two applications as follows

1. Esperance Football and Sporting Club

2. Esperance Goldfields Surf Life Saving Clubs

MOTION

Moved: Cr Flanagan

Seconded: Cr Graham

O0922-200

Council Resolution

That Council:

1. Endorse the Esperance Goldfields Surf Life Saving Clubs – Clubhouse Redevelopment for the Community Sporting and Recreation Facilities (CSRFF) Annual and Forward Planning Grant application as first priority; and

2. Endorse the Esperance Football and Sporting Club for the Club Night Light Program (CNLP) Annual and Forward Planning Grant application as first priority.

CARRIED

F7 - A0

Reason: Since the preparation of this agenda item, further information has come to hand from Department of Local Government, Sport and Cultural Industries.

There is an additional stream of funding which clubs may apply for that specifically considers lighting projects - the Club Night Lights Program. It is therefore recommended that the Esperance football Club applies for the same funding through this stream, and the Esperance Surf life Saving Club applies for the Community Sporting and Recreational Facilities Funding. As such the recommendation has been updated to prioritise each of these applications appropriately.

Ordinary Council: Minutes

27 September 2022 Page 165

17. Matters behind Closed Doors

Officer’s Comment:

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

Moving behind closed doors

Moved: Cr Graham

Seconded: Cr Horan

O0922-206

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 Expression of Interest - Old Court House 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)).

17.2 0467-22 Supply, Delivery and Licensing of One New Motor Grader

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

17.3 Refund of Grant of Right of Burial Fee - Esperance Cemetery

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).

17.4 CEO Performance Review

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and the personal affairs of any person (Section 5.23(2)(b)).

CARRIED

F7 - A0

Councillors and Shire Officers moved behind closed doors at 4:54pm

17.1 Expression of Interest - Old Court House Museum Village

Moved: Cr Flanagan

Seconded: Cr de Haas

O0922-207

Council Resolution

That Council enter into a lease with Elodie Goldsmith for the Old Court House, portion of Lots 60 and 61 Dempster Street, Esperance, subject to;

1. The lease term being 5 years;

2. Annual rent being $11,120.87 Inc GST, subject to annual rent reviews based on CPI, and that Council consider the rental rate to be a true indication of the current market rental rate;

3. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995;

4. Surrender of the current lease with Elodie Goldsmith for the Old Salmon Gums School, portion of Lots 56 and 57 Dempster Street;

5. Lease surrender fee of $230 Inc GST being payable; and

6. Advertising the Old Salmon Gums School building for expressions of interest.

CARRIED

F7 - A0

17.2 0467-22 Supply, Delivery and Licensing of One New Motor Grader

Moved: Cr Graham

Seconded: Cr Horan

O0922-208

Council Resolution

That Council accept Request for Quote 0467-22 Supply, Delivery and Licensing of one new Motor Grader from AFGRI Equipment Pty Ltd as specified and as per the lump sum price.

CARRIED

F7 - A0

17.3 Refund of Grant of Right of Burial Fee - Esperance Cemetery

Moved: Cr McMullen

Seconded: Cr O'Donnell

O0922-209

Council Resolution

That Council, acting as the Cemeteries Board;

1. Refund $825 of the Grant of Right of Burial fee paid by the applicant to relinquish Plot Number 280 at the Esperance Cemetery; and

2. Authorise the CEO to make future determinations in relation to refunds associated with Shire of Esperance Cemeteries.

CARRIED

F7 - A0

Mr S Burge, Mr M Walker and Mrs F Baxter came out from behind closed doors at 5:08pm

17.4 CEO Performance Review

Moved: Cr Flanagan

Seconded: Cr de Haas

O0922-210

Council Resolution

That Council

1. Notes that Mr. Shane Burge’s Performance Review in his role as Chief Executive Officer for the Shire of Esperance 2022 annual performance review has been undertaken;

2. Endorses Mr. Burge’s overall rating of ‘Meets Performance Requirements’ and notes that this has been to a high standard;

3. Endorses the Performance Criteria for the period September 2022 till July 2023;

4. Reviews the CEO’s Total Reward Package in accordance with the contract of employment and the Salaries and Allowances Determinations dated 7 April 2022 (effective 1 July 2022);

5. Based on this review, confirm to apply an appropriate increase to the base salary of 4%, to apply from the contract anniversary date of 5 October;

6. Schedules the next review of the CEO’s performance to be commenced by the 1 August 2023 and completed by the September Ordinary Meeting of Council; and

7. Commences discussions with Mr Burge regarding a further contract to take effect from the date of any formal resolution by the Council therefore replacing the existing contract of employment.

CARRIED

F7 - A0

Coming from behind closed doors

Moved: Cr McMullen

Seconded: Cr Graham

O0922-211

That the meeting come from behind closed doors.

CARRIED

F7 - A0

The Presiding Member summarised the above Confidential Resolutions.

Author/s	Nicholas Kleinig	Airport Operations Coordinator
Authorisor/s	Trevor Ayers	Manager Community & Economic Development

a ⇩.	Information Bulletin - August 2022
b ⇩.	Council Priorities Summaries - Corporate Performance - August 2022
c ⇩.	Delegations Discharge - Corporate Resources
d ⇩.	Status Report - September 2022
e ⇩.	Community Grants Program 2022/23 - Small Grants - August 2022

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

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