Ordinary Council: Agenda

25 October 2016                                                                                                                           Page 1

 

 

 

 

 

 

 

13 October 2016

 

 

 

 

 

Shire of Esperance

 

 

Ordinary Council

NOTICE OF MEETING AND AGENDA

 

An Agenda Briefing Session of the Shire of Esperance will be held at Council Chambers on 18 October 2016 commencing at 1pm to brief Council on the matters set out in the attached agenda.

 

An Ordinary Council meeting of the Shire of Esperance will be held at Council Chambers on 25 October 2016 commencing at 4pm to consider the matters set out in the attached agenda.

 

W M (Matthew) Scott

Chief Executive Officer

 


Ordinary Council: Agenda

25 October 2016                                                                                                                           Page 2

 

 

 

 

 

 

DISCLAIMER

 

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

 

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

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

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

      

ATTACHMENTS

 

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

 

 


Ordinary Council: Agenda

25 October 2016                                                                                                                           Page 3

 

Shire Logo~Transparent Background.gifDisclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section  5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Agenda Briefing ¨            Ordinary Council Meeting ¨                    Both Meetings  ¨

Name of Person Declaring the Interest:

Position:                                                             Date of Meeting:

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

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

Interest Disclosed

 

Item No:

 

Subject:

 

Nature of Interest:

 


Type of Interest:            Financial                  Proximity                Impartiality

 

 

Signature:                                                                   Date:

Office Use Only:

Entered into interest Register:                                            

                                                                          Officer                                          Date

 

 


Ordinary Council: Agenda

25 October 2016                                                                                                                           Page 4

 

Shire Logo~Transparent Background.gifDeclaration of Interest (Notes for Your Guidance)

 

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

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

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

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

c)  Preside at the part of the Meeting, relation to the matter or;

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

Notes on Financial Interest (For your Guidance)

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

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

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

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

4.  If in doubt declare.

5.  As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

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

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

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

 

 

 

 

 

 

 

 

Interests Affecting Proximity

1)  For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a)       a proposed change to a planning scheme affecting land that adjoins the person’s land;

b)       a proposed change to the zoning or use of land that adjoins the person’s land; or

c)       a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

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

a)       The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b)       The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c)       The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

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

Interests Affecting Impartiality

Definition:  An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

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

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

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

Impact of an Impartiality Closure

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

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


 

 

 

 

 

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

 

 


Ordinary Council: Agenda

25 October 2016                                                                                                                           Page 7

 

 

 

TABLE OF CONTENTS

 

 

1.         OFFICIAL OPENING   9

2.         ATTENDANCE  9

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  9

4.         APPLICATIONS FOR LEAVE OF ABSENCE  9

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   9

6.         DECLARATION OF MEMBERS INTERESTS  9

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  9

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  9

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  9

7.         PUBLIC QUESTION TIME  10

8.         PUBLIC ADDRESSES / DEPUTATIONS  10

9.         Petitions  10

10.      CONFIRMATION OF MINUTES  10

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   10

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  11

12.1   External Services  11

12.1.1    Development Application - Request to vary Car Parking Requirements - Lot 700 (18) Effie Turner Drive, Chadwick  11

12.2   Asset Management  18

12.2.1    Lotterywest Funding - Esperance Fires Recovery  18

12.3   Corporate Resources  20

12.3.1    Proposed Pop-Up Shop - Old Sergeant's Quarter's Museum Village  20

12.3.2    Rate Exemption Application for Grass Patch Community Development Association  23

12.3.3    Financial Services Report - September 2016  27

12.4   Executive Services  83

12.4.1    Common Seal Useage September 2015 to September 2016  83

12.4.2    Information Bulletin - September 2016  89

13.      Reports Of Committees  101

13.1   Minutes of Committees  101

14.      Motions of which Notice has been Given   121

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  121

16.      URGENT BUSINESS APPROVED BY DECISION   121

17.      MATTERS BEHIND CLOSED DOORS  121

17.1   Shire of Esperance Enterprise Agreement 2016  121

17.2   0025-16 - Supply, Delivery and Licensing of Four New 2016/2017 Multi-Wheel Towed Rollers  121

17.3   Acquisition of New Waste Management Site  121

18.      PUBLIC QUESTION TIME  121

19.      CLOSURE  121

 

 


Ordinary Council: Agenda

25 October 2016                                                                                                                           Page 9

 

 

SHIRE OF ESPERANCE

 

AGENDA

 

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON
25 October 2016

COMMENCING AT 4pm

 

 

1.       OFFICIAL OPENING

 

2.       ATTENDANCE

Members

Cr V Brown                                      President                  Rural Ward

Cr N Bowman                                  Deputy President     Rural Ward

Cr J Parsons                                                                     Town Ward

Cr P Griffiths                                                                    Town Ward

Cr K Hall                                                                           Town Ward

Cr L McIntyre                                                                   Town Ward

Cr R Padgurskis                                                               Town Ward

Cr B Stewart, JP                                                              Town Ward

Cr B Parker                                                                      Rural Ward

Shire Officers

Mr T Sargent                                    Acting Chief Executive Officer

Mr S Burge                                       Director Corporate Resources

Mr M Walker                                     Director Asset Management

Mr R Hindley                                    Manager Strategic Planning & Land Projects

Miss S Fitzgerald                              Administration Officer

Members of the Public & Press

 

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr W M (Matthew) Scott                   Chief Executive Officer           Apology

 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

 

 

5.       ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

 

 

6.       DECLARATION OF MEMBERS INTERESTS

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

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

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

 


7.       PUBLIC QUESTION TIME

 

 

8.       PUBLIC ADDRESSES / DEPUTATIONS

 

 

9.       Petitions

 

 

10.     CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 27 September 2016, and the Special Council Meeting of the 30 September 2016 be confirmed as true and correct records.

Voting Requirement                       Simple Majority

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION

 

 


12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1   External Services

Item: 12.1.1  

Development Application - Request to Vary Car Parking Requirements - Lot 700 (18) Effie Turner Drive, Chadwick

Author/s

Peter Wilks

Senior Planning Officer

Authorisor/s

Richard Hindley

Manager Strategic Planning & Land Projects

 

File Ref: D16/23219

 

Applicant

K & S V Castledine & R J Donaldson

 

Location/Address

Lot 700 (18) Effie Turner Drive, Chadwick

 

Executive Summary

For Council to consider Development Application 10.2016.3182.2 for a reduction in the required Car Parking at Lot 700 (18) Effie Turner Drive, Chadwick.

 

Recommendation in Brief

For Council to approve Development Application 10.2016.3182.2 for a reduction in the required Car Parking at Lot 700 (18) Effie Turner Drive, Chadwick.

 

Background

An application for an additional industrial building for Lot 700 (18) Effie Turner Drive was received by Planning Services on 27 May 2016. As part of the application, the plans showed 10 car parking bays on site, and the proposal was subsequently approved under delegated authority with the following condition:

 

In accordance with the approved plans, a minimum of ten (10) car parking bays and any applicable accessible bays are to be provided on-site in accordance with the requirements of Australian Standard A52890.1:2004 Parking Facilities - Off-street Car Parking, Australian Standard 2890.6 and the Building Code of Australia.

The landowner has since determined that this amount of car parking bays is far in excess of what is actually required by the existing operations on the property, and on 1 September 2016 submitted an Application to Amend the previous Planning Approval by reducing the number of car parking bays required on site by the Planning Approval from 10 to 2.

 

Officer’s Comment

The proposed variation for only 2 car bays as opposed to the 10 proposed on the original plans is a substantial reduction. Under Local Planning Scheme No. 23 the site requires a minimum of 8 car bays to service the industrial buildings on site.

 

The applicants justification for this reduction is that as they do not operate a retail business from the property and that in the 15 years they have operated at Lot 700 (18) Effie Turner Drive they have never had more than two vehicles at the property. Additionally the property is used for the storage of heavy trucks (concrete pumps) and that by having the marked bays it would not permit sufficient space for the maneuvering of the trucks.

 

Planning Services understands that all businesses are different and have varying requirements regarding car parking and servicing. That said it is difficult to justify such a large variation in car parking for a site that may in the future be used by a more vehicle intensive activity. In this case Planning Services is prepared to accept the applicants justification due to the position of the previously approved Industrial Buildings on the site resulting in it being very difficult for trucks to enter and exit the site in a forward gear.

 

Consultation

Advertising was undertaken to adjoining landowners between 2 September and 16 September 2016. No objections were received.

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Local Planning Scheme No. 23

Planning and Development Act 2005

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2012 - 2022

 

Economic

Facilitate and guide high quality and efficient building and development across the Shire

A community with high quality and efficient buildings and development

 

Environmental Considerations

Nil

Attachments

a.

Request for varying of Conditions

 

b.

Approved Plans

 

 

Officer’s Recommendation

That Council approve Development Application 10.2016.3182.2 for a reduction in the required Car Parking at Lot 700 (18) Effie Turner Drive, Chadwick, subject to the following condition:

1)   This approval is to be read in conjunction with the specific conditions of, and does not supersede, planning consent 10.2016.3182.1 dated 4 June 2015 with Condition 3 to be replaced by the following:

·     A minimum of two (2) car parking bays and any applicable accessible bays are to be provided on-site in accordance with the requirements of Australian Standard A52890.1:2004 Parking Facilities - Off-street Car Parking, Australian Standard 2890.6 and the Building Code of Australia.

Voting Requirement                       Simple Majority

 


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12.2   Asset Management

Item: 12.2.1  

Lotterywest Funding - Esperance Fires Recovery

Author/s

Amelia Rolton

Personal Assistant - Asset Management

Authorisor/s

Mathew Walker

Director Asset Management

 

File Ref: D16/24219

 

Applicant

Asset Management

 

Executive Summary

To inform Council of the successful application for Lotterywest funding that was received to assist with Recovery projects and initiatives as outlined in the long term recovery plan ‘Recover Rejuvenate Restore’. This will require an amendment to the 2016 / 2017 Budget.

 

Recommendation in Brief

That Council approve the budget variation for Esperance Fires Recovery projects and initiatives.

 

Background

A dry lightning storm impacted across the Shire of Esperance on Sunday 15 November 2016, resulting in several reported fires. Four (4) fires were reported around Lake Mends, within the Unallocated Crown Land (UCL) approximately 40 kilometres north of Cascade. These fires merged into one fire over the following 24 hours.

Additionally, a lighting strike started a fire at Doombup Lake, along Merivale Road approximately 20 kilometres east of Esperance. A further three (3) fires began in the eastern parts of the Shire of Esperance within the Department of Parks and Wildlife estate.

The Cascade fire burnt an area of approximately 133,000ha resulting in 4 fatalities, stock and crop losses, house, shed and machinery losses and damage. The Merivale fire burnt an area of approximately 18,000ha resulting in a small amount of stock losses and damage to several properties in the area.

 

Officer’s Comment

In June 2016 the Recovery Plan (Plan) ‘Recover Rejuvenate Restore’ was prepared by the Shire of Esperance, Local Recovery Coordinator on behalf of the Local Recovery Committee and the fire affected communities of Cascade, Scaddan and Merivale. It was endorsed by the Local Recovery Committee and outlines key projects and initiatives that aim to enable community recovery and strengthen community resilience following the Cascade and Merivale fires.

Strengthening community preparedness and resilience is not only essential to community recovery, but also to the ability of the community to face future challenges. It requires long term commitment from all stakeholders and needs to be well supported by the Shire.

On endorsement of the plan, Officers prepared a grant application seeking financial support from Lotterywest to assist in delivery of a number of key community recovery projects. The grant application sought support for projects including;

a)   Anniversary Event(s)                                                           $25,000

b)   Recover Rejuvenate Restore – Our Recovery Story                    $25,000

c)   Emergency Services Fun Day                                             $10,000

Consultation

Lotterywest Grant Officers

Community Members

Scaddan Restoration Reference Group

Shire Officers

Local Recovery Committee

 

Financial Implications

The financial implications arising from this report are

Description

Budget Figure

Amended Figure

Variation

Lotterywest Grant

01-3700-115-155

$ 0

($ 60,000)

($ 60,000)

Anniversary Events Acknowledgement

W2851

$ 0

$ 25,000

$ 25,000

Recover Rejuvenate Restore

W2853

$ 0

$ 25,000

$ 25,000

Emergency Services Fun Day

W2852

$ 0

$ 10,000

$ 10,000

Net result

$ 0

 

Asset Management Implications

Nil

 

Statutory Implications

As identified in the Emergency Management Act 2005 and State Emergency Management Committee's Policy "it is a function of Local Government to manage recovery following an emergency affecting the community in its district" (s.36(b) Emergency Management Act 2005).

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Social

Create and maintain a safe environment for the community

A feeling of safety within our neighbourhoods and a sense of being looked out for

 

Attachments

Nil

 

Officer’s Recommendation

That Council approve the budget variation for Esperance Fires Recovery Project(s) as per the table below;

Description

Budget Figure

Amended Figure

Variation

Lotterywest Grant

01-3700-115-155

$ 0

($ 60,000)

($ 60,000)

Anniversary Events Acknowledgement

W2851

$ 0

$ 25,000

$ 25,000

Recover Rejuvenate Restore

W2853

$ 0

$ 25,000

$ 25,000

Emergency Services Fun Day

W2852

$ 0

$ 10,000

$ 10,000

Net result

$ 0

Voting Requirement                       Absolute Majority

12.3   Corporate Resources

Item: 12.3.1  

Proposed Pop-Up Shop - Old Sergeant's Quarter's Museum Village

Author/s

Jennifer Parry

Manager Corporate Support

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/24246

 

Applicant

Anita Jones

 

Location/Address

Museum Village - Lot 58 (54) – Lot 59 (56) Dempster St. Esperance

Executive Summary

For Council to consider allowing the Old Sergeant’s Quarter’s in Museum Village to be rented as a short term pop-up shop for a 4 to 6 week period from mid December 2016 through to mid to end of January 2017.

 

Recommendation in Brief

That Council agrees to enter into a short-term licence agreement with Anita Jones for a pop-up shop in the Old Sergeant’s Quarters in Museum Village subject to certain conditions.

 

Background

The Old Sergeant’s Quarters have been unoccupied since December 2015 when Esperance Community Arts vacated. The property has been shown to several interested parties this year with no person/s being prepared to enter into an agreement.

Ms Jones has submitted a proposal (attached) to open a pop-up shop for a 4 to 6 week period over the 2016/2017 Christmas holiday period.

 

Officer’s Comment

Following consultation, it is considered by other retailers in Museum Village that it would be beneficial to have the property tenanted, even for a short period. The products offered by Ms Jones (up-market second hand clothing and accessories, hand-made home décor items and small collectibles) would be complimentary to the existing businesses and not regarded as competitive in product range.

Consultation

Shire Planning Services

Shire Development Compliance

Shire Asset Management

Museum Village Markets Inc.

 

Financial Implications

Ms Jones has offered $330 (ex GST) per week for the premises plus metered electricity for the duration of the agreement.

In August 2015 Council increased the rent/m2 on the Museum Village properties to ensure consistency with other commercial rents offered in the CBD. The rent currently being asked for this property on a longer term basis is $328 (ex GST) per week which equates to $128 /m2 (ex GST) per week.

A new rent comparison has taken place with the current managers of local CBD commercial properties and results indicate that current per m2 rates that have recently leased are between $150 - $180 /m2.

Should Council agree to Ms Jones proposal, it is recommended that a bond of $500 be imposed to cover cleaning of the property if required, at the end of the agreement.

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995 - Section 3.58 Disposing of Property

Local Government Act 1995 – Section 9.49A Execution of Documents

 

Policy Implications

CORP 003: Museum Park Buildings Leasing Arrangements

CORP 004: Building and Property Leases.

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire

A Shire that is progressive, sustainable, resilient and adaptive to changes

 

Corporate Business Plan

Manage Shire leases and insurances

 

Environmental Considerations

Nil

 


Attachments

Nil

 

 

Officer’s Recommendation

That Council agrees to enter into a short-term licence agreement with Anita Jones for a pop-up shop in the Old Sergeant’s Quarters in Museum Village subject to the following conditions;

1.   The rent to be $330.00 per week excluding GST;

2.   The term of the agreement to be no longer than 6 weeks commencing 9 December 2016;

3.   Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property; and

4.   Authorises the CEO to execute the lease in accordance with Section 9.49A of the Local Government Act 1995 for Execution of Documents.

Voting Requirement                       Simple Majority

 


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25 October 2016                                                                                                                         Page 24

 

Item: 12.3.2  

Rate Exemption Application for Grass Patch Community Development Association

Author/s

Shane Burge

Director Corporate Resources

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/24359

 

Applicant

Grass Patch Community Development Association

 

Location/Address

Lot 5-6 Coolgardie-Esperance Highway, Grass Patch

 

Executive Summary

For Council to consider granting a rates exemption to Lot 5-6 Coolgardie-Esperance Highway, Grass Patch under Section 6.26(2)(g) (Charitable purpose exemption) of the Local Government Act 1995.

 

Recommendation in Brief

That Council grant a rate exemption under Section 6.26(2)(g) of the Local Government Act 1995 to the Grass Patch Community Development Association to Lot 5-6 Coolgardie-Esperance Highway, Grass Patch (Assessment 47696).

 

Background

Grass Patch Community Development Association recently wrote to the Shire seeking a rates exemption due to charitable purpose for its property under Section 6.26(2)(g) of the Local Government Act 1995. 

As per their application letter (attached) the Grass Patch Community Development Association exists as a community group to progress the interests of the Grass Patch community.

The property at Lot 5-6 Coolgardie-Esperance Highway, Grass Patch is currently used for the communities fire brigade shed.

 

Officer’s Comment

Section 6.26(2)(g) of the Act provides that “land used exclusively for charitable purposes” is not rateable by a local government. There is no clear definition in the Act as to how this clause should be interpreted and as such there is inconsistencies in the interpretation and application of the charitable land use provisions by local governments. Although there is no clear definition there has been case law and ‘general practice’ as well as guidance from local government inquiries that can be used as a guide to help local government determine rate exemptions provided under this section of the Act.

An independent inquiry in 2001 was conducted by the Commonwealth into definitional issues relating to charitable, religious and community not-for-profit organizations. This inquiry along with the WA Charitable Collections Act 1946 assists in defining the term “charitable purpose”. Each definition appears to have its origin from the Charitable Uses Act 1601 and the House of Lords case of 1891 which define charitable purpose to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community.

Mere ownership of land by a charitable organization does not in itself bring that land within the scope of Section 6.26(g). It is only where the use of the land is used exclusively for a charitable purpose that the sub-section applies. Accordingly, land in private, as opposed to charitable ownership, could be exclusively used for a charitable purpose. This view was supported it the case of William Trustees v Inland Revenue Commissioners (1947) and also more recently where retirement villages are privately owned have been determined to meet the charitable purpose definition. This is similar to the Grass Patch Community Development Association in that the land is privately owned by the association however the use is currently for the benefit to the community.

Legal opinion indicates that payment for services rendered or a profit motive by an institution does not deny that institution of charitable status for rating purposes, provided the profits do not accrue to an individual or non-charitable objects. However, if the charges function to exclude the element of public benefit, then this may be found to be inconsistent with the charity definition. In the instance of the Grass Patch Community Development Association and from the information that has been provided, it would appear that there is little to no profit motive with all funds that are received by the group being distributed back to the community.    

Grass Patch Community Development Association fit within the charitable purpose definition to include: relief of the aged, impotent and poor, the advancement of education and religion and other purposes of benefit to the community. It is common throughout WA local governments that charitable organisations that provide community services are exempt under Section 6.26(2)(g). This is also in line with the current practice by the Shire of Esperance by not charging rates to other similar properties that are used for emergency services purposes. 

It should be noted that any rates exemption only applies to the rates portion of the rates notice. Charges such as rubbish collection and ESL are still due and payable.

It is therefore recommended that the Shire of Esperance grant a rate exemption to the Grass Patch Community Development Association under Section 6.26(2)(g) of the Local Government Act 1995 for the property located at Lot 5-6 Coolgardie-Esperance Highway, Grass Patch.

 

Consultation

Information from the applicants has been received to determine the recommendation based upon Case Law and general local government interpretation of the Local Government Act 1995. 

 

Financial Implications

There calculated rates on the property for the 2016/17 financial year amount to $1,030 and $80 for the Waste Rate.

 

Rubbish Collection charges and ESL will remain due and payable. 

 

Statutory Implications

Section 6.26(2)(g) of the Local Government Act 1995

 

Strategic Implications

Strategic Community Plan 2012-2022

Civic Leadership

Strategy 4.5 Be innovative in the management of Shire operations, services, staff and resources to create a resilient and financially stable Shire. 

 

Corporate Business Plan 2013/2014 – 2016/2017

Action 4.5.19 Manage Shire Rates

 


Attachments

a.

Rates Exemption Application

 

 

Officer’s Recommendation

That Council grant a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995 to the Grass Patch Community Development Association to Lot 5-6 Coolgardie-Esperance Highway, Grass Patch (Assessment 47696) whilst the property continues to be used exclusively for charitable purpose.

 

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

25 October 2016                                                                                                                         Page 27

 


Ordinary Council: Agenda

25 October 2016                                                                                                                         Page 28

 

Item: 12.3.3  

Financial Services Report - September 2016

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Shane Burge

Director Corporate Resources

 

File Ref: D16/24789

 

 

Attachments

a.

Monthly Financial Report - September 2016

 

 

Officer’s Recommendation

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of September 2016 as attached be received.

Voting Requirement                       Simple Majority

 



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Ordinary Council: Agenda

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Ordinary Council: Agenda

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Ordinary Council: Agenda

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12.4   Executive Services

Item: 12.4.1  

Common Seal Useage September 2015 to September 2016

Author/s

Helen  Hall

Executive Assistant

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/24259

 

Applicant

Executive Services

 

Location/Address

Windich Street, Esperance.

 

Executive Summary

For Council to receive the Common Seal Register.

 

Recommendation in Brief

That Council receive the register containing information relating to the use of the Shire of Esperance Common Seal.

 

Background

The Chief Executive Officer and the Shire President are jointly authorised to affix all seals jointly to documents for dealings initiated by Council resolution. In this regard the Council resolution need not refer to the sealing action and may only express its wish for certain action which may, ultimately, require the affixing of the seal to a document to achieve the Council’s intention.

 

Exceptions to the above are:

1.      Council staff may take independent action in the use of the seal if, in the opinion of the Shire President and Chief Executive Officer jointly such action is necessary to protect Council’s interest; e.g. Lodging of caveats and easements and being of the opinion that the protection is no longer necessary, the Shire President and Chief Executive Officer may jointly withdraw the protection.

 

2.      The disposition of Council property for which a Council resolution is required expressly stating that the final document be signed and sealed and the transaction finalised.

 

A detail of all instances where the seal has been affixed is recorded in both a signed register and an electronic register, which is available for inspection by Councillors during normal office hours. This register will be tabled at an Ordinary Council Meeting annually to be received by Council.

 

Officer’s Comment

Both the signed register and the electronic register are available for inspection by Councillors during normal office hours. A copy of the electronic register will be tabled at an Ordinary Council Meeting annually to be received by Council.

 

Consultation

WALGA

 

 

Financial Implications

Nil

 

Strategic Implications

Nil

 

Statutory Implications

LGA – 9.49a Execution of Documents

 

Environmental Considerations

Nil

 

Attachments

a.

Common Seal Useage September 2015 to September 2016

 

 

Officer’s Recommendation

That Council receive the report titled The Shire of Esperance Common Seal Usage.

Voting Requirement                       Simple Majority

 


Ordinary Council: Agenda

25 October 2016                                                                                                                         Page 89

 

 

September 2015

1 September 2015

2x Lease – Portion Parcel 666 & Lot 679 Plan 17599 – 104 Harbour Road, Chadwick – regional Power Corporation ( Horizon Power)

 

 

3 September 2015

4x Shire of Esperance Scheme Amendment 18 – Lot 35 Merivale Road, Myrup

 

 

11 September 2015

1x Sale Agreement – Horizon Power & The Shire of Esperance – Street Lights

 

 

22 September 2015

3x Appointment to Act & Transfer land – 88 Walmsley Street, Bandy Creek

 

 

October 2015

6 October 2015

3 x Lease – Old School Masters Residence – Museum Village

 

 

6 October 2015

2x Lease – Andrea McVeigh – Museum Village

 

9 October 2015

1x Standing Orders – Local Laws

 

9 October 2015

1x Fencing – Local Laws

 

9 October 2015

1x General Amendment – Local Laws

 

9 October 2015

2x Lease – Annette Smith – Old Methodist Church – Museum Village

 

19 October 2015

1 x Transfer of land – 84 Walmsely street, Esperance

 

26 October 2016

2x Lease – The Country Women’s Assoc.  Of WA (Inc)

 

November 2015

10 November 2016

1xReserve Grant of right of burial #86

 

19 November 2016

1xSection 70a (11) Bostock Street, Esperance

 

December 2015

8 December 2015

1x Lot 289 of Deposited Plan 69443

 

15 December 2015

1x Reserve right of burial #282

 

23 December 2015

2x Reserve right of burial #77

Reserve right of burial #274

 

23 December 2015

8x Grant right of burial on Grave # 2682/2786,2773,2787, 2788, 2789, 2790, 2791, 2792

 

23 December 2015

4 x Grant right of burial on Grave # 2795, 2796, 2269/2794, 2260/2799

 

January 2016

13 January 2016

Repeal Local Law – Biosecurity, Local Government Act 1995 – Biosecurity Agriculture Management Act 2007

 

19 January 2016

2x Lease – Andrea McVeigh – The Old Hospital and the Shire of Esperance

 

February 2016

3 February 2016

2x Lease Agreement – Remote Control Car Club and the Shire of Esperance

 

3 February 2016

3x Transfer of Land – Appointment of Settlement Agent – Lot 63 Moir Street Esperance

 

11 February 2016

1 x Deed of Acknowledgement between Shire of Esperance and EISSMC – Handover of Esperance Indoor Sports Stadium and Noel White Pavilion

 

24 February 2016

2 x Lease – Southern Port Authority and Shire of Esperance (Lessee) part of Reserve 28207

 

24 February 2016

2 x Lease – Dulcia Hubble Trading as Sew and Sews – Old Chemist House – Museum Village

 

24 February 2016

2 x Lease – Amanda Thomas Trading as ESP – Old Sinclair House – Museum Village

 

29 February

2 x Lease – The Shire of Esperance – Esperance Districts Recreation Association

 

March 2016

1 March 2016

2 x Reserve Grant of Right of Burial #283

 

 

Reserve Grant of Right of Burial #2809

 

8 March 2016

2 x Lease – Kepa Kurl – The Shire of Esperance and D & R Reynolds

 

15 March 2016

2 x Lease – Lot 47 – Shark Lake Road D & TL Baker – WA Treeworks

 

22 March 2016

2 x Condingup and Districts Recreation Association (Inc. ) – The Shire of Esperance Lease

 

22 March 2016

2 x Deed of Extension – Lease – Lot 893 – (No 13) Eyre Street Esperance – Recherche Aged Welfare Committee Inc.

 

30 March 2016

1 x Notification Under Section 70a Lot 503 (12) Fullerton Street Esperance

 

30 March 2016

1 x Notification Under Section 70a Lot 31   (21a) Bostock Street Esperance

 

31 March 2016

2 x Deed of Variation – Community Energy Efficiency Program Funding Agreement

 

 

 

April 2016

14 April 2016

2 x Lease – Esperance Airport Terminal – Regional Express Pty Ltd

 

14 April 2016

1 x Sale of Land – 6 Adelaide Close – West Beach – Boydell

 

14 April 2016

3 x Restrictive Covenant Section 70a P & N Chalmers Lot 36 & 37 Deposited Plan 406696

 

18 April 2016

8 x Grant of Right of Burial # 1648 & 2812, #256 & 2814, #2582 & 2800, #2785 & 1596, #2834 & 1318, #2829, #2825, #2833,

 

18 April 2016

21 x Grant of Right of Burial #2842, 2835, 1054, 2827, 1203, 2744, 2828,2824, 2823, 2822, 2561, 2821, 2817, 2817, 2135, 2816, 2815, 2811, 2813, 2810, 2806, 2805, 2804, 2802, 2826, 2614

 

19 April 2016

1 x Revised Memorandum of Understanding Water Corp & The Shire of Esperance

 

19 April 2016

2 x Deed of Lease Extension – Hangar 1  Esperance Airport – Andrew Burns

 

20 April 2016

Removal of Expired Lease Term – Landgate – Esperance Football Club

 

27 April 2016

Contract of Sale (Purchase) – Lot 100 South Coast Hwy – Dalyup

 

May 2016

2 May 2016

Contract of Sale – Lot 100 9No 2610) South Coast Hwy - Dalyup

 

17 May 2016

Grant of right of burial;

#2850

#2844

#2452

#2849

#2818

 

18 May 2016

Grant of right of burial;

#2259

#2839

 

19 May 2016

Past Extensions – EVRS

Variation – Grant of Agreement

 

24 May 2016

Lease – John Totterdell Trading as Recherche Gallery and the Shire of Esperance

 

24 May 2016

Lease – Hangar 3 Esperance Airport – Terry Mitchell,  Scott Mackie & Darren Rogers

 

30 May 2016

Swiss Certificate of Residence – Jeanette Rose Marie Cliff - Enerdi

 

June 2016

3 June 2016

Grant of right of burial;

#2807

#2801

#2307

#2832

#2838

#2853

#2847

#2760

 

 

13 June 2016

Seafront Caravan Park management Agreement – the Shire of Esperance and P & L Grant

 

17 June 2016

Publication of Esperance Standing Order Local Law 2015

 

21 June 2016

Grant of right of burial;

#2843

#2797

#2852

#2851

#2855

 

 

27 June 2016

Lease Esperance Pony Club & the Shire of Esperance

 

27 June 2016

570a – Lot 38 (209) South Coast Highway – Peter Kingma

 

July 2016

07 July 2016

2016/17 Extended Financial Assistance Agreement (FAA) Royalties for Regions Wild Dog Management Program

 

14 July 2016

Local Planning Scheme No 23 Amendment No 20

 

14 July 2016

Lease – Esperance and Districts Agricultural Society Inc. and the Shire of Esperance

 

14 July 2016

Deed of Variation and Extension of Lease – Shark Lake Industrial Park and Jonathon Knox

 

14 July 2016

Lease – Esperance Mechanical Restoration Group Inc. and the Shire of Esperance

 

19 July 2016

Surrender of Lease – D & TL Barker Nominees ( trading as WA Treeworks) and the Shire of Esperance

 

21 July 2016`

Grant of Right of Burial;

#1808

#2356

#2002

#2857

#2432

#2859

#2860

#2861

 

22 July 2016

Notification under section 70a Lot 36 & 37 on deposited plan 406696

 

22 July 2016

Notification: burial for the Late Angus Malcolm Campbell outside cemetery Lot 522 on Plan 79620

 

28 July 2016

Deed of Lease Extension – Pink Lake Country Club t/a Pink lake Golf Club

 

August 2016

8 August 2016

Local Planning Scheme No 23 Amendment No 19 – 3 Copies Prepared

 

 

8 August 2016

 

Licence to occupy crown land licence 03581/1964_A5742324 – 2 Copies Prepared

 

8 August 2016

Notification Under Section 70a – Lot 2 Lee Close, Sinclair

 

22 August 2016

Funding Agreement – CoastWest Grant & The Shire of Esperance

 

30 August 2016

Assignment of Contract Services – Esperance Seafront Caravan Park

 

31 August 2016

Assignment of Lease – Esperance Tanker Jetty Van Site 2

 

September 2016

27 September 2016

Community Water Supply Program – Esperance Eastern Suburbs Water Reuse Scheme

 

29 September 2016

Novation of Contract for Waste and Recycling Collection Services

 


Ordinary Council: Agenda

25 October 2016                                                                                                                         Page 93

 

Item: 12.4.2  

Information Bulletin - September 2016

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/24788

 

Applicant

Internal

 

Strategic Implications

Strategic Community Plan 2012 - 2022

Civic Leadership

Ensure open and consistent communication between the Shire and the community

A community who is aware of Council decisions and activities

 

Attachments

a.

Information Bulletin - August 2016

 

b.

Rates Collection Report - 2016/2017

 

c.

Interplan Report - September 2016 - Under Separate Cover

 

 

 

Officer’s Recommendation

That Council accepts the Information Bulletin and the Interplan report for September 2016 and;

1.   Rates collection Report – 2016/2017

2.   Interplan Report  - September 2016

Voting Requirement                       Simple Majority

 



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Ordinary Council: Agenda

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Ordinary Council: Agenda

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Ordinary Council: Agenda

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13.     Reports Of Committees

Item: 13.1  

Minutes of Committees

Author/s

Sarah Fitzgerald

Administation Officer

Authorisor/s

Matthew Scott

Chief Executive Officer

 

File Ref: D16/24791

 

 

Attachments

a.

Minutes - Museum Management Committee - 28 September 2016

 

b.

Minutes - Lake Monjingup Community Development Group - 28 September 2016

 

 

Officer’s Recommendation

That Council receive the following committee minutes:

1.    Museum Management Committee – 28 September 2016

2.    Lake Monjingup Community Development Group – 28 September 2016

Voting Requirement                                          Simple Majority

 

 



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Ordinary Council: Agenda

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14.     Motions of which Notice has been Given

 

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

 

 

16.     URGENT BUSINESS APPROVED BY DECISION

 

 

17.     MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

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

 

Item: 17.1  

Shire of Esperance Enterprise Agreement 2016

 Confidential Item

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 a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

 

Item: 17.2  

0025-16 - Supply, Delivery and Licensing of Four New 2016/2017 Multi-Wheel Towed Rollers

Confidential Item

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

 

Item: 17.3  

Acquisition of New Waste Management Site

 Confidential Item

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

18.     PUBLIC QUESTION TIME

 

 

19.     CLOSURE