Ordinary Council Meeting Agenda

Australind Council Chamber Tuesday, 28 July 2020 4pm

Ordinary Council Agenda 28 July 2020

Shire of Harvey

Ordinary Council Meeting

Dear Councillor,

Notice is hereby given that the next meeting of the Harvey Shire Council will be held in the Council Chamber, Mulgara Street, Australind, on Tuesday, 28 July 2020 commencing at 4pm.

The business to be transacted is shown in the Agenda hereunder.

Yours faithfully,

Annie Riordan Chief Executive Officer

24 July 2020.

- Page 2 - Ordinary Council Agenda 28 July 2020

Agenda

1. Official Opening

Acknowledgement of Country

The Shire of Harvey acknowledges the traditional custodians of the land and their continuing connection to the land, waters and community. We pay our respects to all members of the Aboriginal communities and their cultures; and to Elders both past and present.

2. Record of Apologies and Leave of Absence

3. Applications for Leave of Absence

4. Reading from a Book of Learning and Wisdom

Read by Councillor Jackson.

5. Declarations of Members’ and Officers’ Personal Interest

6. Response to Previous Questions Taken on Notice

7. Public Question Time

8. Petitions/Deputations/Presentations

9. Announcements by Presiding Member or CEO Without Discussion

10. Confirmation of Minutes

Ordinary Council Meeting – Tuesday, 23 June 2020

Special Council Meeting – Tuesday, 7 July 2020

11. Receipt of Minutes and Recommendations from Committees

Chief Executive Officer Employment Committee – 21 July 2020

- Page 3 - Ordinary Council Agenda 28 July 2020

12. Officer’s Reports

12.1 Chief Executive Officer

12.1.1 Western Australian Local Government Association (WALGA) – 2020 6 Annual General Meeting – Voting Delegates - Western Australian Local Government Association - Perth, Western Australia (GRL004) 12.1.2 Harvey Main Street Committee Delegate - Shire of Harvey 8 12.1.3 Cat Act Delegations - Shire of Harvey - Shire of Harvey (CC/U/003) 10 12.1.4 Settlers Hall Community Centre – Lease Renewal - Leschenault 14 Progress Association (Inc.) - Reserve 44403 (0) Marine Drive Leschenault (C/A/005 & A008355) 12.1.5 Lease Agreement – Harvey Community Radio. - Harvey Mainstreet 16 Incorporated. - Lot 6 Young Street, Harvey (A004803 and C/Z/040) 12.1.6 Delegations Register review - Shire of Harvey (CC/U/003) 18 12.1.7 Public Statements by Councillors and the Chief Executive Officer 25 Policy - Shire of Harvey (CC/P/003) 12.1.8 Leschenault Progress Association Delegates – Shire of Harvey 28

12.2 Technical Services

12.2.1 Harvey Myalup Road – Rationalisation of Gazetted Road Corridor 30 Boundaries - Shire of Harvey - State Forest 16, Harvey Myalup Road (R000004) 12.2.2 Application for Exemption To Keep More Than The Prescribed 33 Number of Dogs - Ms Kelly Anne Pratt - Lot 1 (23) Sir James Avenue Harvey (A001357) 12.2.3 Application for Exemption to Keep More than the Prescribed 36 Number of Dogs - Ms Susanna Balance - Lot 32 (13) Kelston Way, Australind (A013368)

12.3 Development Services

12.3.1 Proposed Amendment No. 124 (Additional Use 16) to District 39 Planning Scheme No. 1 - Taylor Burrell Barnett - Lot 9600 Ditchingham Place, Australind (portion of) (P00112) 12.3.2 Community Open Space, Binningup - Transfer of Land - Solomon 45 Brothers on behalf of Binningup Nominees Pty Ltd - Lots 194, 195, 198, 199, 200, 8001 and 8002, Binningup (A006245, A016443) 12.3.3 Application for a “Use Not Listed” (Rural Workers Accommodation) - 49 D & L Hanks - Lot 48 (No. 336) Government Road, Harvey (A007984) 12.3.4 Mosquito Borne Disease Control – 2019/2020 - Principal 54 Environmental Health Officer - Shire of Harvey (HSN002) 12.3.5 Trading in Public Places for Food Vendors - Up In Smoke Catering 65 and Food Van(trailer) - Ridley Place Australind, Crown Reserve 25441(2) (LS/B/032) 12.3.6 Proposed Moratorium on Amendments to the Local Planning - 70 Strategy and District Planning Scheme - Shire of Harvey (P001000)

- Page 4 - Ordinary Council Agenda 28 July 2020

12.4 Corporate Services

12.4.1 Listing of Accounts Paid – May 2020 - Shire of Harvey (FMS006) 72 12.4.2 Financial Statements as at 31 May 2020 - Shire of Harvey 74 (CC/C/062) 12.4.3 2020 - 2021 Budget Adoption Shire of Harvey (FM/B/001) 76

12.5 Community Services

12.5.1 Community Sporting and Recreation Facilities Fund – Small Grant 81 Application - Brunswick Districts Bowling Club Inc. - Lot 2 Ommaney Road, Brunswick Junction (A4312) 12.5.2 Management Agreement – Harvey Community Play and Learning 83 Centre Inc. - Harvey Community Play and Learning Centre Inc. - Harvey Recreation and Cultural Centre (A001861) 12.5.3 Variation to COVID-19 Response Grants Program - Shire of Harvey 85 - Shire of Harvey (F000285) 12.5.4 Noongar Community Group – Request to Use Harvey RSL Hall - 88 Noongar Community Group - Harvey RSL Hall (A001538) 12.5.5 Leschenault Men's Shed – Request to Extend the Lease Area - 90 Leschenault Men's Shed Inc. - Lot 42 Leisure Drive, Australind (A005529 and C/Z/053) 12.5.6 Advisory Group Membership - Shire of Harvey (CC/C/091) 93 12.5.7 Leschenault Leisure Centre – Grow Cook Eat Create Inc - 96 Leschenault Leisure Centre

13. Elected Members Motions of Which Previous Notice Has Been Given

14. Notice of Motion for Following Meeting

15. Questions by Members of Which Due Notice Has Been Given

16. Reports of Members

17. Seal Register

18. New Business of an Urgent Nature Introduced by Decision of Meeting

19. Matters Behind Closed Doors

20. Closure of Meeting

- Page 5 - Ordinary Council Agenda 28 July 2020

12. Officer’s Reports

Chief Executive Officer

Item No. 12.1.1 Western Australian Local Government Association (WALGA) – Subject: 2020 Annual General Meeting – Voting Delegates Proponent: Western Australian Local Government Association Location: Perth, Western Australia Reporting Officer: Chief Executive Officer Authorising Officer Chief Executive Officer File No.: GRL004

Summary

Council is requested to nominate its voting delegates for the Western Australian Local Government Association’s (WALGA’s) Annual General Meeting (AGM) to be held on Friday, 25 September 2020 and to advise of its nominations by Friday, 28 August 2020.

Background

Due to the COVID-19 pandemic the Local Government Convention that was scheduled to be held in August, was cancelled. As such the Annual General Meeting has been rescheduled to Friday, 25 September 2020 to be held at Crown Perth. If an in-person event is not able to be held due to social distancing restrictions, the meeting will be conducted virtually.

Comment

It is recommended that Council endorses the Shire President and Deputy Shire President as its delegates and appoints two proxy delegates should one or both of the delegates be unavailable to attend.

Statutory/Policy Environment

Clause 24 of the WALGA Constitution details ‘Representation and Voting at General Meetings’. This includes voting entitlements at the AGM.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.6.2 states:

Nurture strategic alliances with major industry groups and government agencies.

Risk Management

The Risk Theme Profile identified as part of this report is Inadequate Engagement Practices. The Consequence could be Reputational in not being represented at the WALGA AGM. This is mitigated by nominating voting delegates and proxies to represent the Shire should delegates not be able to attend. The Risk Consequence is considered to be Minor and the likelihood Unlikely resulting in a Low risk being present.

- Page 6 - Ordinary Council Agenda 28 July 2020

Budget Implications

Funds are included in the 2020 - 2021 draft Budget for delegate’s travel and accommodation if required.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council appoints the Shire President and the Deputy Shire President as its voting delegates and Cr. ______and Cr. ______as its proxy voting delegates for the 2020 Western Australian Local Government Association’s Annual General Meeting.

- Page 7 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.2 Subject: Harvey Main Street Committee Delegate Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Chief Executive Officer Authorising Officer: Chief Executive Officer File No.:

Summary

Council is requested to appoint a replacement delegate to the Harvey Main Street Committee following the resignation of delegate, Cr Adams.

Background

At the Special Council Meeting of 21 October 2019, Council appointed delegates and deputy delegates to various groups and organisations. Cr Adams and Cr Boylan were appointed as delegate and deputy delegate to the Harvey Main Street Committee.

Comment

Cr Adams has tendered his resignation to the Harvey Main Street Committee. It is therefore, necessary to appoint a replacement delegate to the Committee and a deputy delegate (if Cr Boylan is appointed as delegate). The appointment will expire at the Local Government Elections in October 2021.

Statutory/Policy Environment

Nil.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.1.2 states:

Continue to actively engage local community groups to understand needs, improve facilities and source grant funding.

Risk Management

The Risk Theme Profile identified as part of this report is Inadequate Engagement Practices. The Consequence could be Reputational if a replacement delegate to the Harvey Main Street is not appointed. This is mitigated by nominating a delegate to represent the Shire. The Risk Consequence is considered to be Minor and the likelihood Unlikely resulting in a Low risk being present.

Budget Implications

Nil.

- Page 8 - Ordinary Council Agenda 28 July 2020

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council appoints Cr ______as delegate to the Harvey Main Street Committee.

- Page 9 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.3 Subject: Cat Act Delegations Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Acting Manager Corporate Services Authorising Officer: Chief Executive Officer File No.: CC/U/003

Summary

To present Delegations from Council to the Chief Executive Officer (CEO) for the Western Australian Cat Act 2011 which assigns a statutory power or duty to local government.

It is recommended that the Delegations under the Cat Act 2011 be adopted.

Background

There are over 170 separate pieces of legislation in Western Australian law that assign a statutory power or duty to local government. Each power or duty described in legislation will require a local government to fulfil a mandatory duty or use a discretionary power to make a decision.

Parliament recognised that it would be unreasonable and impossible for every decision and every duty to be fulfilled by Council of each local government. Processes were therefore legislated to enable local governments to pass on decision making powers and duties to others.

Delegations by Council are an effective way to reduce red tape and improve customer satisfaction through prompt decision-making processes. Using the power of delegation appropriately assists local governments to deal with a wide range of operational matters that are minor, administrative in nature and potentially time consuming.

Certain safeguards are incorporated into delegations such as limiting the use of when a delegation can be exercised.

The Cat Act 2011 (the Act) provides power under s.10AA Delegation of local government powers and duties for Council to delegate to the Chief Executive Officer and Cat Act 2011 s.44 Delegation by local government. Under s.45 there are powers for the Chief Executive Officer to sub-delegate some powers and duties.

Comment

In addition to the Act, the Cat Regulations were gazetted in 2012. These Regulations set down guidelines that dictate how the provisions of the Act are applied. In 2013 the Cat (Uniform Local Provisions) Regulations were additionally gazetted. Under s.77 of the Act, these regulations apply as if they were local laws made by each local government and seek to deal with approval for additional number of cats at prescribed premises. The Shire currently has no Delegations under the Act. Delegations must be approved by an Absolute Majority.

- Page 10 - Ordinary Council Agenda 28 July 2020

The maximum number of cats allowed at a prescribed premise in the Shire of Harvey is covered within the Shire of Harvey Health Local Law 2014. Division 2 Keeping of Animals s.64 Cats, identifies three as the maximum number of cats over three months of age that can be kept on premises on any land within the District of the Shire of Harvey.

The Act provides for objection from an applicant to Council under Division 5 Objections and review for refuse to grant, renew or cancel a registration of a cat or refuse to approve, renew or cancel approval of a person to breed cats.

Under the Regulations, a review of a decision by local government to keep an additional number of cats is undertaken by the State Administrative Tribunal.

The following Delegations have been prepared and are attached for Council consideration:

1. Applications to keep additional cats at Attachment 1. The number defined under the Shire of Harvey Health Local Law 2014 is three at a prescribed premise. 2. Reduce or waiver Registration fee at Attachment 2. This refers to the 50% Pensioner discount already included in the Fees and Charges. 3. Appoint authorised persons at Attachment 3. This provides for the CEO to appoint qualified employees to implement sections of the Act relating to authorised persons. 4. Approval to breed cats at Attachment 4. This provides for the approval, cancellation and issuing of certificates for applications for breeding. 5. Cat control notices at Attachment 5. A cat control notice is to be in a prescribed form and direct a person to comply with provisions of the Act, the regulations or a local law. 6. Cat registrations at Attachment 6. Provides for approval, refusal or cancellation of a registration for a cat and authority to reduce or waive a registration or approval to breed fee. 7. Recovery of costs – Destruction of cats at Attachment 7. Provides authority for the local government to recover costs associated with the destruction and disposal of a cat.

The Delegations are based on model Delegations that have been prepared by the Western Australia Local Government Association (WALGA) and with reference to Delegations made by other local governments in Western Australia.

Statutory/Policy Environment

Local Government Act 1995:

s.5.42 – Delegation of some powers and duties to CEO (1) A local government may delegate to the CEO the exercise of any of its powers or the discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.”

s.5.44 – CEO may delegate powers and duties to other employees (1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

The Cat Act 2011: s.44. - Delegation by local government

- Page 11 - Ordinary Council Agenda 28 July 2020

(1) the local government may delegate to its CEO the exercise of any of its powers or the discharge of any of its duties under another provision of this Act. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation. (3) A decision to delegate under this section is to be made by an absolute majority.

s.45. – Delegation by CEO of local government (1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under another provision of this Act. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation. (3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 44, but in the case of such a power or duty – (a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and (b) the exercise of that power or the discharge of that duty by the CEO’s delegate, are subject to any conditions imposed by the local government on its delegation to the CEO. (4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section. (5) In subsections (3) and (4) – conditions includes qualifications, limitations or exceptions. (6) A power or duty under section 63, 64 or 65 cannot be delegated to an authorised person.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.2.2 states:

Maintain, review and ensure relevance of Council’s policies and local laws.

Risk Management

The Risk Theme Profile identified as part of this report is Business and Community Disruption, Failure to Fulfil Compliance Requirements and Inadequate Document and Management Practices. The Consequence could be Financial, Service Interruption, Compliance or Reputational. The risk is considered Minor and the likelihood Unlikely, given that the Delegations are based on model templates in line with legislation, and where identified, checked by qualified professionals. This results in a Low risk being present.

Budget Implications

Nil.

Voting Requirement

Absolute Majority.

Officer’s Recommendation

That Council adopts the following Delegations: 1. Applications to keep additional cats at Attachment 1;

- Page 12 - Ordinary Council Agenda 28 July 2020

2. Reduce or waiver Registration fee at Attachment 2; 3. Appoint authorised persons at Attachment 3; 4. Approval to breed cats at Attachment 4; 5. Cat control notices at Attachment 5; 6. Cat registrations at Attachment 6; and 7. Recovery of costs – Destruction of cats at Attachment 7.

- Page 13 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.4 Subject: Settlers Hall Community Centre – Lease Renewal Proponent: Leschenault Progress Association (Inc.) Location: Reserve 44403 (0) Marine Drive Leschenault Reporting Officer: Governance Officer – Procurement Compliance Authorising Officer: Acting Manager Corporate Services File No.: C/A/005 & A008355

Summary

The Leschenault Progress Association Inc. (LPA) is responsible for management of Settlers Hall under a lease agreement with the Shire. The current lease agreement expires on 31 October 2020 and the LPA has requested that a new lease agreement be established. It is recommended that Council approves a new lease agreement be granted for a five-year term with the option of a further five-year term.

Background

In October 2010, the Shire of Harvey entered into a lease agreement with the LPA for a period of five years expiring on 31 October 2015. The lease provided an extension at the end of this term for a further five-year period. The extension of the lease was approved by Council and is due to expire on 31 October 2020.

Comment

The LPA has confirmed in writing to the Shire that it wishes to renew the lease for Settlers Hall under the same terms and conditions as the existing lease (refer Attachment 1).

Shire officers are not aware of any breach of the lease by the LPA during the term of the lease and there are no unresolved difficulties arising out of the leasehold relationship between LPA and the Shire of Harvey.

As leases are coming up for renewal they are being reviewed to ensure consistency with inclusion of standard clauses. Where anomalies are identified, these are being amended.

In this lease a change is proposed require the lessee to take out Public Liability Insurance to a minimum value of $20 million. This is in line with all current lease and management agreements between the Shire and other community organisations. This is the standard insurance clause in all new leases. While the current lease refers to the requirement for Public Liability Insurance to indemnify Council, it does not state a value.

It is recommended to replace clause 3(n) with the following:

To take out and to keep in force during the term of this Lease an insurance policy for public liability to the value of TWENTY MILLION DOLLARS ($20,000,000.00) AND to indemnify and keep indemnified the Shire against the risks covered by such policy and all actions proceedings claims damages costs losses and expenses in respect thereof (including claims in respect of nuisance negligence or absolute liability under the rule in Rylands v. Fletcher) in relation to the demised premises. The Lessee shall at all times effect such insurance with a reputable and substantial insurance company approved by the Shire and shall duly and punctually pay all premiums and other costs valuations and expenses in relation to such insurance policy and forthwith on request produce for inspection by the Shire the said policy and or other sufficient evidence that the policy remains current.

- Page 14 - Ordinary Council Agenda 28 July 2020

It is recommended to remove clause 3(i)(ii) to co-op onto the sub-committee at least two Australind Ward Councillors of the Shire of Harvey as members. This clause is obsolete as it relates to an administrative matter for the Committee with membership for the LPA. Council can address this through appointing up to two delegates to the LPA and a report to that affect is included in the Agenda for the meeting of 28 July 2020.

In summary, it is recommended that Council approves a new lease agreement being granted to the LPA for a period of five years, commencing on 1 November 2020 and expiring 31 October 2025, with an option to extend for a further five-year period.

Statutory/Policy Environment

Section 3.58 of the Local Government Act 1995, deals with the disposal of Property including leasing and Regulation 30(2)(b) of the Local Government (Functions and General) Regulation 1996, provides an exemption for Community, Sporting and other similar groups.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 3.1.3 states:

Continue to provide facilities and services to support local community organisations.

Risk Management

The Risk Theme Profile identified as part of this report is Business and Community Disruption. The Consequences identified are Reputational and Property. The risks associated with the possible consequences are mitigated by having a consensual lease in place approved by both parties. The Risk Consequence rating associated with this matter is Moderate and the Likelihood Unlikely, resulting in a Moderate level of risk.

Budget Implications

The estimated cost to prepare the new lease document is $1,000.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Approves, with the inclusion of the following amendments, the granting of a new lease agreement to the Leschenault Progress Association Inc. for the management of Settlers Hall for a period of five years, commencing on 1 November 2020 and expiring 31 October 2025, with an option to extend for a further five-year period;

(a) Replace clause 3(n) with the standard insurance clause for Public Liability Insurance for not less than $20 million; (b) Remove clause 3(i)(ii) as it is obsolete; and (c) Modify section A “Reserve for Recreation No. 628” to “Reserve 44403”.

2. Authorises the Chief Executive Officer and Shire President to sign and seal the lease agreement document.

- Page 15 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.5 Subject: Lease Agreement – Harvey Community Radio. Proponent: Harvey Mainstreet Incorporated. Location: Lot 6 Young Street, Harvey Reporting Officer: Governance Officer – Procurement Compliance Authorising Officer: Acting Manager Corporate Services File No.: A004803 and C/Z/040

Summary

Harvey Mainstreet (Inc.), trading as Harvey Community Radio, has requested that the lease with the Shire of Harvey for the Property known as the Harvey Community Radio Station be renewed (refer Attachment 1).

Background

The Shire of Harvey entered into a lease agreement with the Harvey Mainstreet (Inc.), trading as Harvey Community Radio, for a period of five years expiring 31 August 2020.

The proponent is an incorporated body and operates with a Management Committee overseeing its day to day activities.

Comment

Shire officers are not aware of any breach of the lease terms by Harvey Mainstreet (Inc.) during the term of the lease and there are no unresolved difficulties arising between the association and the Shire of Harvey.

It is recommended that a further lease be signed for a term of three years expiring 31 August 2023. Rent of $1 is payable annually and in advance on the first day of each and every lease year, if demanded by the Lessor.

As leases are coming up for renewal they are being reviewed to ensure consistency with inclusion of standard clauses. Where anomalies are identified, these are being amended.

The new lease is to be updated to include the standard termination clause which is currently absent;

“In the event that it is a decision of the Shire of Harvey or the Harvey Community Radio to cease this agreement it shall be deemed terminated on the date three months following written notice of the intention to terminate by either party.”

Statutory/Policy Environment

Section 3.58 of the Local Government Act 1995 deals with the disposal of property which includes licences, leasing or sale. However, with Regulation 30 of the Local Government (Functions and General) Regulations 1996 an exemption is provided for charitable, not-for- profit, sporting groups etc. in respect to the provisions of Section 3.58 of the Act.

Strategic Framework

- Page 16 - Ordinary Council Agenda 28 July 2020

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 3.1.3 states:

Continue to provide facilities and services to support local community organisations.

Risk Management

The Risk Theme Profile identified as part of this report is Business and Community Disruption. The Consequences identified are Reputational and Property. The risks associated with the possible consequences are mitigated by having a consensual lease in place approved by both parties. The Consequence rating associated with this matter is Moderate, and the Likelihood being, Unlikely, resulting in a Low Risk being present.

Budget Implications

The estimated cost to prepare the new lease document is $1,000.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Approves a further lease be signed for a term of three years expiring 31 August 2023. Rent of $1 is payable annually and in advance on the first day of each and every Lease Year, if demanded by the Lessor; and

2. Includes in the new lease the following termination clause: “In the event that it is a decision of the Shire of Harvey or the Harvey Community Radio to cease this agreement it shall be deemed terminated on the date three months following written notice of the intention to terminate by either party.”

- Page 17 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.6 Subject: Delegations Register review Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Acting Manager Corporate Services Authorising Officer: Chief Executive Officer File No.: CC/U/003

Summary

Council is required to review the Delegations Register of Authority it makes to the Chief Executive Officer (CEO) and Committees at least once in every financial year. This report provides the opportunity for Council to conduct this review.

Background

Council is able to delegate to the CEO and Committees some of its powers and duties and is required to maintain a register of such delegations. The delegations are required to be reviewed at least once in every financial year. The last review was undertaken by Council at its meeting of 14 May 2019. The full review should have been completed by 30 June 2020.

A major review of delegations was commenced as a result of advice received from the Western Australian Local Government Association (WALGA). This review was interrupted as a result of COVID-19 with resources allocated to other high risk activities. A large number of delegations have already been endorsed by Council prior to 30 June 2020. The remaining 16 delegations are presented for endorsement, with 37 delegations to be revoked.

The Minister of Local Government has stated that he and the Department of Local Government, Sport and Cultural Industries will support local governments where non- compliance has resulted from COVID-19 impacts, so long as the matter is attended to at the earliest available time. Presenting the final delegations to the July meeting ensures the Shire is able to meet this compliance requirement.

Comment

Delegations of Authority are used to improve the efficiency of the Shire’s operations by allowing routine matters to be dealt with in a timely manner and to reduce the number of minor matters requiring Council consideration.

A summary of the Delegation Register of Authority is attached. It outlines the advice provided by WALGA and the action that has been taken, or needs to be taken in the future, against each delegation. In particular, it explains why delegations are being revoked (refer Attachment 1).

The following delegations are presented, unchanged from the 2019 review, except for changes to position titles to reflect the current organisational structure. These delegations will be reviewed in line with the WALGA template throughout 2021 (refer Attachment 2).

1. 2.1.4 Discounted or free use of Council facilities; 2. 2.1.9 Shire of Harvey Recreation grounds – Camping; 3. 2.1.10 Contractors, plant and equipment;

- Page 18 - Ordinary Council Agenda 28 July 2020

4. 2.2.1 Creditors, payment of; 5. 2.2.3 Property – acquisition and disposal; 6. 2.2.4 Rate book; 7. 2.2.5 Contract variations; 8. 2.2.10 Write off of interest charged on rates debtors; 9. 2.2.12 Corporate Credit card; 10. 2.3.2 Banning of cooking and campfires; 11. 4.3.5 Food Act 2008 – Prohibition notices, certificates of clearance and registration of business; 12. 4.3.6 Appointment of officers and various functions under Food Act 2008; 13. 4.3.7 Authorisation to approve traders permits only relating to Food trading; and 14. 5.1.1 Temporary closure of streets.

The following delegations are presented with minor amendments as detailed, and presented in the new WALGA format.

2.2.9 Investment of Council funds This delegation referenced the incorrect section of the Local Government Act 1995. It was changed from s.5.44 to s.6.14 of the Act. The delegation has been updated into the new template. This change does not alter the intent of the delegation (refer Attachment 3).

4.3.8 Appointment of Environmental Health Officer and Authorised Officer under the Public Health Act 2016. Retitled Designate Authorised Officers and updated in line with WALGA template to remove s.17 Public Health Act from delegation as this referred to appointment of employees. The CEO is responsible for all local government employees under s.541(g) of the Local Government Act 1995. Changes also include conditions on the delegation which were not included in the original. The changes have not altered the intent of the delegation (refer Attachment 4).

For a delegation to be made by local government, there must be a statutory requirement under the particular legislation for: a. The functions of local government that have functions relating to, or are involved in the implementation of, that legislation (Note a.); and b. Functions relating to that legislation that are conferred on a person who hold any office or appointment under the legislation (Note b.).

Note a.: An example is that local government has no functions or power to delegate under the Architects Act 2004, therefore it is not possible to have delegations to the CEO under that Act.

Note b.: An example is that under the Bush Fires Act 1954 it confers power to local government to delegate to the CEO, as well as in some sections of the Act, conferring functions directly to the Shire President and the Fire Control Officer. As these positions are designated in the Act to those sections, it is not legal to also confer those sections to the CEO.

Where a statutory function does not exist in legislation then a delegation is meaningless and has no legal power. An example is that the Local Government Act 1995 does not have as a function The use of Council Chambers, Council meeting rooms and facilities, therefore decisions and actions regarding this cannot be delegated.

- Page 19 - Ordinary Council Agenda 28 July 2020

If local government wants to make a rule or principle to guide better decisions in areas that are not covered by legislation, then policy is used to outline the reason why things are to be done in a certain way and why.

The following Delegations are recommended to be revoked and the reasons outlined;

1. 1.1.1 Use of common seal. Seal is affixed by Council resolution and CEO implements under s.5.41(c) Functions of CEO. 2. 1.1.2 Use of Council Chambers, Council meeting rooms and facilities. Not a delegation. No statutory function under legislation. Policy matter 3. 1.1.3 Civic receptions. Not a delegation. No statutory function under legislation. Could be a policy matter or covered by operational procedures. 4. 1.1.4 Use of Council equipment from Council facilities. Not a delegation. No statutory function. Day to day operations. 5. 1.1.5 Harvey Art Prize selection. Not a delegation. No statutory function under legislation. Could be a policy matter or covered by operational procedures. 6. 1.2.1 Elected member training. Not a delegation. Policy matter. A policy has been developed and endorsed by Council. 7. 1.2.2. Legal representation – costs indemnification. Not a delegation. No statutory function under legislation. Policy matter. 8. 2.1.1. Market days. Not a delegation. No statutory function under legislation. Policy matter. 9. 2.1.2 Liquor, sale of from Council property. Controlled through Property Local Law. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Laws by Authorised Officers. 10. 2.1.3 Street appeals. Controlled through Activities in Thoroughfares and Public Places and Trading Local Law 2017. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Laws by Authorised Officers. 11. 2.1.5 Legal advice. Not a delegation. CEO has duty under s.5.41(d) to act and s.5.41(a) to inform Council where necessary. 12. 2.1.6 Enforcement and legal proceedings. Not a delegation. CEO has power under the Local Government Legislation Amendment Act 2019 under 2.9.10 to make appointments. 13. 2.1.7 Conduct of sales – Brunswick selling complex. Not a delegation. No statutory authority. Permit approval under Property Local Law. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Law by Authorised Officers 14. 2.1.8 Reserves – request for use. Not a delegation. No statutory authority. Permit approval under Property Local Law. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Law by Authorised Officers. 15. 2.2.6 Insurance. Not a delegation Covered under Financial and General Regulations for tenders. 16. 2.2.7 Insurance – Public Liability Claims. Not delegation. Day to day management by CEO under s.5.41(d). CEO to report to Council if a substantial risk or above budget allocation. 17. 2.2.8 Financial assistance – organisations. Not a delegation. No statutory function under legislation. Policy matter. 18. 2.2.12 Corporate credit card. Not a delegation. No statutory function under legislation. Policy matter. 19. 2.3.1 Burning prohibited times (variations). Covered in new Prohibited Burning Times – Vary delegation adopted by Council on 23 June 2020. 20. 2.3.3 Fire Break exemption / variation. Covered in new Firebreak delegation adopted by Council on 23 June 2020.

- Page 20 - Ordinary Council Agenda 28 July 2020

21. 2.3.4 Fire Break order – Compliance works. Covered in new Firebreak delegation adopted by Council on 23 June 2020. 22. 2.3.5 Allocation of resources in emergency and emergency recovery situation in the south west of Western Australia. Not a delegation. Council decision through adopted MOU and or Emergency Management Plan. 23. 2.3.6 Issue of ‘unsightly’ property notices. Not a delegation. Authorised function under s.3.24 of the Local Government Act 1995. 24. 2.4.1 Vehicles, use of. Not a delegation. No statutory function under legislation. 25. 2.4.2 Conferences, seminars, professional. Not a delegation. CEO function under s.5.41(g). be responsible for the employment, management, supervision, direction and dismissal of other employees. 26. 4.3.1 Septic tank approvals. Not a delegation. The Health (Miscellaneous Provisions) Act 1911 does not provide local government with a power of Delegation. Authorisation by Council resolution and decision to be recorded in an administrative register of authorisations. 27. 4.3.2 Powers of entry and inspection of caravan parks and camping grounds. The Act does not provide local government with a power of delegation. The power to appoint authorised person under s.17 of the Local Government Act 1995 is already vested in the CEO and therefore no role for Council. 28. 4.3.3 Temporary accommodation – Building sites. Not a delegation. The Health (Miscellaneous Provisions) Act 1911 does not provide local government with a power of delegation. Policy matter. 29. 4.3.4 Approval for licenses carriers of controlled wastes to utilise septage disposal facility. Not a delegation. No statutory authority. Policy matter. 30. 5.1.2 Street processions. Not a delegation. Permit approval provided through the Activities in Thoroughfares and Public Places and Trading Local Law 2017. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Law by Authorised Officers. 31. 5.1.3 Car rallies. Not a delegation. No statutory function under legislation. Policy matter. 32. 5.1.4 Fun runs. Not a delegation. Permit approval provided through the Activities in Thoroughfares and Public Places and Trading Local Law 2017. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Law by Authorised Officers. 33. 5.1.5 Issue and withdrawal of permits for operations of restricted access vehicles. Not a delegation. No power to delegate under the Road Traffic Act 1974 or Regulations. Policy matter. 34. 5.1.6 Minor land resumptions on main roads. Not a delegation. No power to delegate under the Road Traffic Act 1974 or Regulations. Policy matter. 35. 5.1.7 Works in streets – Authority to serve notice. Not a delegation. Delegation provided through the Activities in Thoroughfares and Public Places and Trading Local Law 2017 parts 9 and 10. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Law by Authorised Officers. 36. 5.1.8 Works undertaken in streets. Not a delegation. Delegation provided through the Activities in Thoroughfares and Public Places and Trading Local Law 2017. Review Local Law to include Authorised Officers or develop Delegation to deal with all decision making under Local Law by Authorised Officers. 37. 5.2.1 Wildflower harvesting – Council reserves. Not a delegation. By permit through the Department of Biodiversity, Conservation and Attractions.

There are a number of delegations suggested by WALGA that Council currently does not have but should be considered. These will be reviewed during the coming year and presented to Council for endorsement, where appropriate. The additional delegations are covered under the following legislation:

- Page 21 - Ordinary Council Agenda 28 July 2020

• Local Government Act 1995; • Building Act 2011; • Food Act 2008; • Graffiti Vandalism Act 2016; and • Public Health Act 2016.

In addition, and as identified by WALGA, the Shire of Harvey Local Laws will be reviewed to ensure that appropriate delegation for certain functions are provided to Authorised Officers to act under the Local Laws.

Statutory/Policy Environment

Local Government Act 1995:

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.2.2 states:

Maintain, review and ensure relevance of Council’s policies and local laws.

Risk Management

Budget Implications

Nil.

Voting Requirement

Absolute Majority.

- Page 22 - Ordinary Council Agenda 28 July 2020

Officer’s Recommendation

1. That Council adopts the Delegations:

1.1 2.1.4 Discounted or free use of Council facilities; 1.2 2.1.9 Shire of Harvey Recreation grounds – Camping; 1.3 2.1.10 Contractors, plant and equipment; 1.4 2.2.1 Creditors, payment of; 1.5 2.2.3 Property – acquisition and disposal; 1.6 2.2.4 Rate book; 1.7 2.2.5 Contract variations; 1.8 2.2.10 Write off of interest charged on rates debtors; 1.9 2.2.12 Corporate Credit card; 1.10 2.3.2 Banning of cooking and campfires; 1.11 4.3.5 Food Act 2008 – Prohibition notices, certificates of clearance and registration of business; 1.12 4.3.6 Appointment of officers and various functions under Food act 2008; 1.13 4.3.7 Authorisation to approve traders permits only relating to Food trading; and 1.14 5.1.1 Temporary closure of streets.

2. That Council adopts the reviewed Delegations:

2.1 2.2.9 Investment of Council funds; and 2.2 4.3.8 Appointment of Environmental Health Officer and Authorised Officer.

3. That Council revokes the Delegations:

3.1 1.1.1 Use of common seal; 3.2 1.1.2 Use of Council Chambers, Council meeting rooms and facilities; 3.3 1.1.3 Civic receptions. Not a delegation; 3.4 1.1.4 Use of Council equipment from Council facilities; 3.5 1.1.5 Harvey Art Prize selection; 3.6 1.2.1 Elected member training; 3.7 1.2.2 Legal representation – costs indemnification; 3.8 2.1.1 Market days; 3.9 2.1.2 Liquor, sale of from Council property; 3.10 2.1.3 Street appeals; 3.11 2.1.5 Legal advice; 3.12 2.1.6 Enforcement and legal proceedings; 3.13 2.1.7 Conduct of sales – Brunswick selling complex; 3.14 2.1.8 Reserves – request for use; 3.15 2.2.6 Insurance; 3.16 2.2.7 Insurance – Public Liability Claims; 3.17 2.2.8 Financial assistance – organisations; 3.18 2.2.12 Corporate credit card; 3.19 2.3.1 Burning prohibited times (variations) 3.20 2.3.3 Fire Break exemption / variation; 3.21 2.3.4 Firebreak order – Compliance work; 3.22 2.3.5 Allocation of resources in emergency and emergency recovery situation in the south west of Western Australia; 3.23 2.3.6 Issue of ‘unsightly’ property notices; 3.24 2.4.1 Vehicles, use of; 3.25 2.4.2 Conferences, seminars, professional; 3.26 4.3.1 Septic tank approvals;

- Page 23 - Ordinary Council Agenda 28 July 2020

3.27 4.3.2 Powers of entry and inspection of caravan parks and camping grounds; 3.28 4.3.3 Temporary accommodation – Building sites; 3.29 4.3.4 Approval for licenses carriers of controlled wastes to utilise septage disposal facility; 3.30 5.1.2 Street processions; 3.31 5.1.3 Car rallies; 3.32 5.1.4 Fun runs; 3.33 5.1.5 Issue and withdrawal of permits for operations of restricted access vehicles; 3.34 5.1.6 Minor land resumptions on main roads; 3.35 5.1.7 Works in streets – Authority to serve notice; 3.36 5.1.8 Works undertaken in streets; and 3.37 5.2.1 Wildflower harvesting – Council reserves.

- Page 24 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.7 Subject: Public statements by Councillors and the Chief Executive Officer Policy Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Chief Executive Officer Authorising Officer: Chief Executive Officer File No.: CC/P/003

Summary

To provide clarity as to the roles and responsibilities for elected members and the Chief Executive Officer when speaking publicly and issuing public statements. It is recommended Council adopts the Public statements by Councillors and the Chief Executive Officer Policy.

Background

The Department of Local Government, Sport and Cultural Industries (DLSC) is currently incorporating feedback into drafting of regulations for the proposed Code of Conduct for Councillors and CEO standards.

Council has approved for the development of a Communications Strategy to be included in the 2020 – 2021 Corporate Plan and budget.

This policy will support both the proposed Code of Conduct and outcomes of the Communications Strategy until they are finalised.

Comment

On 27 June 2019, the Local Government Legislation Amendment Act 2019 was passed in Parliament. The Act includes a requirement for the introduction of:

• A mandatory code of conduct for Councillors, committee members and candidates (Code of Conduct); and • Mandatory minimum standards covering the recruitment, selection, performance review and early termination of local government chief Executive Officers (CEO Standards).

The Code of Conduct is intended to ensure that standards of behaviour are consistent between local governments and address community expectations.

The CEO Standards is intended to ensure best practice and greater consistency in these processes among local government.

The DLGSC sought feedback on the draft Code of Conduct and draft CEO standards and accompanying guidelines.

The consultation period of the proposed Code of conduct and CEO Standards closed on 6 December 2019. The feedback is now being incorporated into the drafting of Regulations. There is no indication when the Regulations will come into effect.

- Page 25 - Ordinary Council Agenda 28 July 2020

The draft Budget 2020 – 2021 contains an amount for the development of a Communications Strategy. The formulation of this strategy will determine the direction the Shire will take with regards to communication methods and social media platforms.

Until both the Code of Conduct and the Communications Strategy is finalised, the Public statements by Councillors and the Chief Executive Officer Policy supports Councillors and the CEO in their communications with the public and ensures all parties operate within the requirements of the Local Government Act 1995.

Statutory/Policy Environment

Local Government Act 1995 (LG Act)

s.2.8 Role of mayor or president (1) The mayor or president – (d) speaks on behalf of the local government.

s.29 Role of deputy mayor or deputy president the deputy mayor or deputy president performs the functions of the mayor or president when authorised to do so under section 4.34.

s.2.10 Role of councillors;

s.5.34 When deputy mayors and deputy president can act If – (a) the office of Mayor is vacant; or (b) the Mayor is not available, or is unable or unwilling to perform the functions of Mayor. Then the deputy mayor may perform the functions of mayor and the deputy president may perform the functions of president, as the case requires.

s.5.41 Functions of the CEO (f) speak on behalf of the local government if the mayor or president agrees;

s.5.93 Improper use of information A person who is a council member, a committee member or an employee must not make improper use of any information acquired in the performance by the person of any of his or her functions under this Act or any other written law – (a) to gain directly or indirectly an advantage for the person or any other person; or (b) to cause detriment to the local government or any other person.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.2.2 states:

Maintain, review and ensure relevance of Council’s policies and local laws.

- Page 26 - Ordinary Council Agenda 28 July 2020

Risk Management

The Risk Theme Profile identified as part of this report is Business and Community Disruption and Inadequate Document and Management Practices. The Consequence could be Financial, Compliance or Reputational. The risk is considered Minor and the likelihood Unlikely, given that the policy is line with legislation. This results in a Low risk being present.

Budget Implications

Nil.

Voting Requirement

Absolute Majority.

Officer’s Recommendation

That Council adopts the Public statements by Councillors and the Chief Executive Officer Policy.

- Page 27 - Ordinary Council Agenda 28 July 2020

Chief Executive Officer

Item No. 12.1.8 Subject: Leschenault Progress Association Delegates Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Chief Executive Officer Authorising Officer: Chief Executive Officer File No.:

Summary

Council is requested to appoint one delegate and one deputy delegate to the Leschenault Progress Association (the Association).

Background

The lease between the Shire and the Association is being amended to remove clause 3.(i)(ii) to co-op onto the sub-committee at least two Australind Ward Councillors of the Shire of Harvey. This is an administrative activity of the Association which can be addressed by appointment of delegates to the Association.

Comment

As leases are coming up for renewal, Shire officers are updating and amending contents to ensure they are appropriate and fit for purpose.

Some leases contain a clause that refers to representation of Councillors on the committee and the lease between the Shire and the Association is one such case.

This is an administrative function of any Association or group and can be addressed by two methods:

1. The group amending their Constitution to include membership of Councillors; or 2. Council appointing delegates to the group for representation.

The easier of the two solutions is for Council to appoint delegates.

Where the clause exists in a lease coming up for renewal it will be removed and recommended that Council appoint delegates to the relevant committee.

Statutory/Policy Environment

Nil.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.1.2 states:

Continue to actively engage local community groups to understand needs, improve facilities and source grant funding.

- Page 28 - Ordinary Council Agenda 28 July 2020

Risk Management

The Risk Theme Profile identified as part of this report is Inadequate Engagement Practices. The Consequence could be Reputational if a delegate to the Leschenault Progress Association Inc. is not appointed. This is mitigated by nominating delegates to represent the Shire. The Risk Consequence is considered to be Minor and the likelihood Unlikely resulting in a Low risk being present.

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council appoints Cr. ______as a delegate and Cr. ______as a deputy delegate to the Leschenault Progress Association Inc.

- Page 29 - Ordinary Council Agenda 28 July 2020

Technical Services

Item No. 12.2.1 Subject: Harvey Myalup Road – Rationalisation of Gazetted Road Corridor Boundaries Proponent: Shire of Harvey Location: State Forest 16, Harvey Myalup Road Reporting Officer: Manager Engineering Services Authorising Officer: Director Infrastructure Services File No.: R000004 Attachment Reg. No. 20/20859

Summary

In 2018 - 2019 following the completion of reconstruction for road widening and road realignment on Harvey Myalup Road, it was discovered that some sections of the original carriageway had been constructed outside of the gazetted road reserve.

To enable the new road to be identified within the gazetted road reserve, licenced surveyors were engaged to establish a new 20m wide road reserve over several sections of road widening including undertaking the required road closures as shown in Attachment 1.

The approval process progressed to the Department of Biodiversity Conservation and Attractions (DBCA) which supported the excision of land from State Forest 16 to rationalise the gazetted road alignment. The DBCA has requested the Department of Planning, Lands and Heritage (DPLH) to support the excision of land from State Forest 16 to rationalise the tenure of Harvey Myalup Road.

The DPLH has indicated that it has no objections in principle to the proposal, however, the Shire must comply with the requirements of the Native Title Act 1993 (S24KA process) for the road dedication process. This will include a resolution from Council indemnifying the State, the Department and Minister from all liabilities.

Background

The upgrading of Harvey Myalup Road in 2018 – 2019 was jointly funded from the State Blackspot Program (2/3) and the Shire of Harvey (1/3). The project included the realignment of a short section of road between East Break and West Break where the poor road geometry may have been a contributing factor to the number of accident statistics at this location.

Further road widening either side of this section to a seven metre seal was completed and offset planting of local varieties of trees and shrubs was undertaken as part of the project.

Comment

Shire officers have considered the request for indemnification of the State of Western Australia, the Department of Planning, Lands and Heritage and the Minister for Lands from all liabilities, obligations, costs, expenses or disbursements of any kind.

In late 2018, legal advice was sought on this very matter with regards to the creation of the Dix Road reserve where the excision of a portion of State Forest was required.

- Page 30 - Ordinary Council Agenda 28 July 2020

The detailed legal advice at the time concluded that “generally the risk of contingent liability does not seem to have deflected most agencies from requesting Taking Orders, and in all the circumstances, the risk of a compensation claim, although it’s a real risk, can in my view be low”.

The Dix Road gazettal could not proceed further until the Shire provided an indemnification as is being requested with the Harvey Myalup Road matter. At the time a Council resolution was not requested and following the receipt of the legal advice, the indemnification was provided by the Shire’s administration.

The Dix Road gazettal progressed and the process was finally successfully completed June 2020.

Therefore, based on the previous detailed legal advice and the successful completion of the Dix Road gazettal it is considered that there is a low risk in Council providing the requested indemnification.

Statutory/Policy Environment

Section 56 of Land Administration Act 1997 deals with “Dedication of land as road” which requires Council’s support for the formal dedication to proceed.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 3.6.1 states:

Provide a safe standard of roads and ancillary infrastructure.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The consequence could be Financial, Reputational or Compliance if correct procedures are not followed for acquiring land under the Land Administration Act 1997. As the DBCA have already endorsed the rationalisation of the road reserve boundary within State Forest, and based on previous legal advice received on a similar matter, the Risk Consequence is considered to be Low and the likelihood Unlikely resulting in a Low risk being present.

Budget Implications

The Shire of Harvey have paid all costs in 2019 - 2020 associated with land survey, mapping and the issue of deposited plans. A further minor administrative cost will be incurred in the 2020 - 2021 financial year and this will be funded from the Land Acquisition account.

Voting Requirement

Simple Majority.

- Page 31 - Ordinary Council Agenda 28 July 2020

Officer’s Recommendation

That Council, based on previous legal advice received, authorises the Chief Executive Officer to advise the Department of Planning, Lands and Heritage that the Shire of Harvey agrees to indemnify and keep indemnified the State of Western Australia, the Department of Planning, Lands and Heritage and the Minister for Lands and hold them harmless from and against all liabilities, obligations, costs, expenses or disbursements of any kind including without limitation, compensation payable to any party under the Native Title Act 1993 (Cth) which may be imposed on, or incurred by the Indemnified Parties relating to or arising directly or indirectly from the road widening dedication from State Forest 16 Harvey Myalup Road (refer Attachment 1).

- Page 32 - Ordinary Council Agenda 28 July 2020

Technical Services

Item No. 12.2.2 Subject: Application for Exemption To Keep More Than The Prescribed Number of Dogs Proponent: Ms Kelly Anne Pratt Location: Lot 1, No 23 Sir James Avenue, Harvey Reporting Officer: Coordinator Safety Services / Manager Waste and Safety Services Authorising Officer: Director Infrastructure Services File No.: A001357 Attachment Reg. No. 20/11607

Summary

An application has been received from Ms Kelly Anne Pratt (the Applicant) of Lot 1, No 23 Sir James Avenue, Harvey, for an exemption to keep more than the prescribed number of dogs. A copy of the application received is attached (refer Attachment 1) to this report.

It is recommended that this application be approved subject to conditions.

Background

The applicant currently has three dogs registered with the Shire at Lot 1, No 23 Sir James Avenue, Harvey, listed in the below table:

Breed Sex Name Age Registration number Kelpie Cross Female Jenny 14 2001764 Maltese Cross Male Jasper 5 LT02338 Toy Poodle Male Chachi 1 2000845

This property is zoned Residential and is 911m2 in area. (refer Attachment 1).

The Applicant has acquired the third dog as a result of the eldest dog’s age and medical condition.

Surrounding property owners were notified in writing of the application with Attachment 2 indicating properties that received letters. The Applicant also placed an advertisement in a local newspaper stating her intentions. Additionally, Attachment 2 indicates which nearby properties have dogs and the number thereof.

Throughout the consultation process one objection was received. There is no record of the author of the objection making any complaints concerning excessive barking from this property prior to the application.

Provisions under the Dog Act 1976 and the Shire’s Dog Local Law 2017, stipulate that a person may only keep two dogs over the age of three months and the young of those dogs under that age. Section 26(3) of the Dog Act 1976 does, however, allow the local government to approve more than the prescribed number of dogs to be kept on a property.

- Page 33 - Ordinary Council Agenda 28 July 2020

Comment

The application has been considered and reviewed in line with the general indicia established by the State Administrative Tribunal, GADD V SHIRE OF HARVEY CC 1153 OF 2007, and reinforced more recently in WILES-DAY V SHIRE OF HARVEY CC 357/2017 OF 2017 dealt with by Council in October 2016 and April 2017;

Attributes of the dogs, such as their breed, size, nature whether de-sexed and any history of complaints:

There are currently three dogs registered with the Shire at this property. Two of the dogs are sterilized and the Applicant has indicated that the third dog, Chachi will be sterilised in the near future. All of the dogs are microchipped.

The size, location and zoning of the premises at which the dogs are housed:

The property at Lot (1) 23 Sir James Avenue Harvey is zoned Residential comprising of 911m² in area. The size of the property does provide sufficient area for three dogs of the size and breeds nominated.

The conditions of the dog’s accommodation, for example, the standard of fencing shade, security, cleanliness; and factors that may affect their welfare:

An inspection of the property by Officers found the following:

• Provision of shade/water – Adequate, sufficient food and water provided; • Property fences - Suitable fencing; • General Condition of dogs – All three dogs are clean and well cared for; and • Cleanliness of property - Property is clean and tidy.

Other factors such as aggregation of dogs in the same area, the Applicant's experience in and methods of handling dogs and motivation in obtaining more than the prescribed number of dogs:

• There are no dogs registered in properties surrounding the Applicant and no other properties have approval for more than two dogs.

Statutory/Policy Environment

Dog Act 1976 Section 26. Controls the number of dogs permitted. Section 26(3) allows the local government to grant an exemption in respect of a limit on the keeping of dogs in any specified area.

Shire of Harvey’s Dog Local Law 2017 - Clause 3.2, limitations on the number of dogs permitted.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 3.1.3 states:

Monitor and ensure compliance with the regulatory framework for local government business.

- Page 34 - Ordinary Council Agenda 28 July 2020

Risk Management

The Risk Theme Profile identified as part of this report is Inadequate Environment Management (considered the neighbourhood environment). The Consequence would be Environment if there are any justified complaints received due to a third dog being located at the premises. The consequence rating is considered Moderate and the Likelihood as Possible, giving a Moderate rating.

Council has the full authority pursuant to the Dog Act 1976 to approve or refuse the application. Points 2 and 7 of the recommendation below mitigates the risk by stating that the exemption will automatically lapse on any offence relating to the Dog Act 1976.

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council approves the application from Ms Kelly Anne Pratt of Lot 1, No 23 Sir James Avenue Harvey, for an exemption from Clause 3.2, Shire of Harvey Dogs Local Law 2017, subject to the following conditions:

1. The exemption applies only to the dogs listed on the application and once any of the dogs are deceased, sold or otherwise disposed of, the exemption automatically lapses;

2. The exemption will automatically lapse on any offence relating to the Dog Act 1976, by the dogs or any person in charge of these dogs;

3. The property must be kept clear of all animal excreta using proper disposal methods;

4. Adequate cover and protection is available for the dogs at all times;

5. The dogs being at all times adequately confined in accordance with the Dog Act 1976;

6. Access is given to the Shire for annual inspections or more regularly if the Shire so determines;

7. The exemption may be revoked or varied at any time in a manner provided for in Section 26 (3) (c) of the Dog Act 1976; and

8. The exemption only applies to Lot 1, No 23 Sir James Avenue, Harvey and should the Applicant move to another address or the dogs be relocated to another address the approval shall lapse.

- Page 35 - Ordinary Council Agenda 28 July 2020

Technical Services

Item No. 12.2.3 Subject: Application for Exemption to Keep More than the Prescribed Number of Dogs Proponent: Ms Susanna Ballance Location: Lot 32, No 13 Kelston Way, Australind Reporting Officer: Coordinator Safety Services / Manager Waste and Safety Services Authorising Officer: Director Infrastructure Services File No.: A013368 Attachment Reg. No. 20/02868

Summary

An application has been received from Ms. Susanna Ballance (the Applicant) from Lot 32, No.13 Kelston Way, Australind, for an exemption to keep more than the prescribed number of dogs. A copy of the application received is attached to this report (refer Attachment 1).

It is recommended that this application be approved subject to conditions.

Background

The applicant currently has two dogs registered with the Shire at Lot 32, No 13 Kelston Way, Australind, listed in the below table:

Breed Sex Name Age Registration Number King Charles Cavalier Female Lady 11 LT01905 Siberian Husky Male Titan 3 LT3030

This property is zoned Residential and is 753m2 in area.

The King Charles Cavalier (Lady) is aging and spends most of her time indoors struggling with mobility. Given this situation, the Husky (Titan), has been howling when the Applicant is not home. The Applicant is hoping to acquire a third dog to keep Titan company and potentially alleviate his barking.

The applicant placed an advertisement in a local newspaper stating her intentions (refer Attachment 2) and also provided letters to surrounding property owners. Attachment 3 indicates which nearby properties have dogs and the number thereof.

Throughout the consultation process there were no submissions received in relation to the application.

Provisions under the Dog Act 1976 and the Shire’s Dog Local Law 2017, stipulate that a person may only keep two dogs over the age of three months and the young of those dogs under that age. Section 26(3) of the Dog Act 1976 does, however, allows the local government to approve more than the prescribed number of dogs to be kept on a property.

- Page 36 - Ordinary Council Agenda 28 July 2020

Comment

Attributes of the dogs, such as their breed, size, nature whether de-sexed and any history of complaints:

There are currently two dogs registered with the Shire at this property. One dog is sterilised, and they are both microchipped.

The size, location and zoning of the premises at which the dogs are housed:

The property at Lot 32, No.13 Kelston Way, Australind, is zoned Residential comprising 753m2 in area. The size of the property provides sufficient area for three dogs of the size and breeds nominated.

The conditions of the dog’s accommodation, for example, the standard of fencing, shade, security, cleanliness and factors that may affect their welfare:

An inspection of the property by Officers found the following:

• Provision of shade/water – Adequate, sufficient food and water provided; • Property fences – Suitable fencing; • General condition of dogs – All three dogs are clean and well cared for; and • Cleanliness of property – Property is clean and tidy.

Other factors such as aggregation of dogs in the same area, the Applicant’s experience in and methods of handling dogs and motivation in obtaining more than the prescribed number of dogs.

• There are two dogs registered in properties surrounding the Applicant and no other properties have approval for more than two dogs.

Statutory/Policy Environment

Dog Act 1976 – Section 26 Controls the number of dogs permitted. Section 26(3) allows the local government to grant an exemption in respect of a limit on the keeping of dogs in any specified area.

Shire of Harvey Dog Local Law 2017 – Clause 3.2, limitations on the number of dogs permitted.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.1.3 states:-

Monitor and ensure compliance with the regulatory framework for local government business.

- Page 37 - Ordinary Council Agenda 28 July 2020

Risk Management

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council approves the application from Ms Susanna Ballance of Lot 32, No 13 Kelston Way, Australind, for an exemption from Clause 3.2, Shire of Harvey Dog Local Law 2017, subject to the following conditions:

1. The exemption applies to the additional dog which is the subject of this report only, and once any of the dogs are deceased, sold or otherwise disposed of, this exemption will automatically lapse;

2. The exemption will automatically lapse on any offence relating to the Dog Act 1976, by the dogs or any person in charge of these dogs;

3. The property must be kept clear of all animal excreta using property disposal methods;

4. Adequate cover and protection is available for the dogs at all times;

5. The dogs being at all times adequately confined in accordance with the Dog Act 1976.

6. Access is given to the Shire for annual inspections or more regularly if the Shire so determines;

7. The exemption may be revoked or varied at any time in a manner provided for in Section 26 (3) (c) of the Dog Act 1976; and

8. The exemption only applies to Lot 32, No 13 Kelston Way, Australind and should the Applicant move to another address or the dogs be relocated to another address the approval shall lapse.

- Page 38 - Ordinary Council Agenda 28 July 2020

Development Services

Item No. 12.3.1 Subject: Proposed Amendment No. 124 (Additional Use 16) to District Planning Scheme No. 1 Proponent: Taylor Burrell Barnett Location: Lot 9600 Ditchingham Place, Australind (portion of) Reporting Officer: Manager Planning Services Authorising Officer: Director Sustainable Development File No.: P001124 Attachment Reg. No. 18/50753, 19/13891, 20/19398, 20/23877

Summary

The Shire received a Scheme Amendment proposal for Additional Use 16 (A16) for Lot 9600 Ditchingham Place, Australind (refer Attachment 1) on 21 December 2018. The proposed Additional Use was for a “Child Care” centre and “Liquor Store – Large” (refer Attachment 2). The Amendment proposal has been modified to remove the “Liquor Store – Large” component and additional information has recently been received (refer Attachments 3 and 4).

The Scheme Amendment proposal remains unsupported by site-specific technical reports to assess the required separation distance between the subject site and the service station on Lot 1 and Australind Premix and MJB Industries north of Ditchingham Place. It is therefore recommended that Scheme Amendment No. 124 not be initiated.

Background

Site Description

Lot 9600 Ditchingham Place, Australind is zoned “Other Commercial – Showroom” under the Shire’s District Planning Scheme No. 1 (the Scheme) and is subject to Additional Use A10 (refer Attachment 1). The adjoining Lot 1 is subject to Additional Use A15.

Site History

Additional Use 10

Additional Use 10 was included in the Scheme via Amendment No. 90 on 18 June 2013 for the following uses: Factory Unit Building, Community Purpose, Motor Vehicle Repair Station, Car Wash, Civic Use, Public Purpose, Educational Establishment and Produce Market.

Additional Use 15

Additional Use 15 was included in the Scheme via Amendment No. 120 on 15 November 2019 for “Fast Food Outlet (Drive Through Coffee Shop only)” on a portion of Lot 1.

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Scheme Amendment Request History

The subject Scheme Amendment has previously been referred to Council on two separate occasions with Officers recommending the Scheme Amendment not be initiated. At the Development Services Committee meeting on 5 February 2019 (refer Attachment 5), the applicant requested the report be withdrawn from the agenda. Subsequent to additional information being received, the Scheme Amendment was referred to the Development Services Committee meeting of 28 May 2019 (refer Attachment 6) when it was recommended that “this matter lay on the table, pending further information, to be dealt with by full Council on Tuesday 4th June 2019.” At the 4 June 2019 meeting (refer Attachment 7) an addendum to the report was provided which contained the following alternative Officer’s recommendation:

“That Council:

1. Refuses to initiate Amendment No. 124 to the Shire of Harvey’s District Planning Scheme No. 1 for Lot 9600 Ditchingham Place (formerly part of Lot 9508 Ditchingham Place), Australind for the reasons contained within the Officers Report dated 28th May 2019.

2. Advises the proponent that it will consider a Scheme Amendment to allow for a Child Care use within Lot 9600 Ditchingham Place, Australind, subject to receipt of the following:

a. Confirmation of the proposed Lot within which the Additional Use will be limited to; b. A technical environmental report, prepared by a suitably qualified professional, to demonstrate that a Child Care Centre land use can be located on the Lot referred to in item b above without impacting on the: i. health, safety and wellbeing of the child care users; and ii. future development of adjoining/nearby land for the permitted commercial/light industrial land uses. c. The technical environmental report shall include an assessment of the nature and extent of possible emissions (including predicted emissions) relating to gaseous, noise, dust odour and risk impacts and acceptable criteria from nearby land uses including: i. the existing cement product manufacturing works on Ditchingham Place; ii. the existing concrete batching plant on Ditchingham Place; iii. the existing service station on Grand Entrance; and iv. future land uses permitted by the Shire of Harvey’s District Planning Scheme No. 1.”

Notwithstanding, Council resolved that “at the request of the applicant, this matter lay on the table pending receipt of further information.”

Proposal

The Applicant has recently provided additional information (refer Attachment 3) “as a response to matters previously raised by the Shire.” The additional information includes the following:

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• Modification to the Scheme Amendment proposal to remove “Liquor Store – Large”; • Selection of a specific site for the proposed Child Care centre within Lot 9600; and • Technical Memorandum to the previously provided ‘Environmental Advice’.

The Environmental Advice (April 2019) concludes that the concrete batching facility (Australind Premix) and concrete manufacturing facility (MJB Industries) appear to be well managed, with the risk of significant off-site dust and noise emissions considered to be low. The Technical Memorandum (May 2020) recommends that environmental investigations for dust and noise should be submitted with a future development application to minimise potential impacts. The Environmental Advice and Technical Memorandum both place a significant weight on the presence of other child care centres within the Perth metropolitan region being located in close proximity to concrete batching facilities.

The Scheme Amendment proposes to include the Child Care use subject to the following being provided with a development application:

• Dust monitoring to assess the impacts of the concrete batching plant; • Noise assessment to assess the impacts of the concrete batching plant; and • Traffic assessment to confirm the suitability of the site in terms of the traffic arrangements and safety.

Comment

The EPA’s Guidance Statement No. 3 (Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses) provides generic separation distances in the absence of sound site-specific technical analysis. The generic separation distances are based on the experience of the previous Department of Environment and other regulatory authorities and limited site-specific quantitative scientific assessment. The Guidance Statement provides that a “sound site-specific technical analysis is generally found to provide the most appropriate guide to the separation distance that should be maintained between an industry or industrial estate and sensitive land use. However, in recognition that a site-specific study may not be necessary in all situations, generic separation distances have been developed.” In addition, it also states “where the separation distance is less than the generic distance, a scientific study based on site- and industry-specific information must be presented to demonstrate that a lesser distance will not result in unacceptable impacts.”

The proponent previously made a written commitment on 3 October 2019 that “as per previous feedback we are currently undertaking to modify the Amd 124 to a site specific location and prepare technical reports by the relevant profession in relation to the alternative Officer Recommendation on 4th June 2019”.

Despite this commitment, the Applicant has advised that site-specific technical analysis “can only be known … based on the specific scale and design of a child care centre”. The proponent has indicated they need certainty that the Amendment will be initiated prior to spending funds to design the development and undertake the site-specific technical analysis. However, officers note that the proponent’s Amendment No. 120 request was submitted with noise and odour modelling reports, which did not include detailed designs of the premises to be built.

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If the proposed Amendment is initiated by Council, the Western Australian Planning Commission is the final determining authority resulting in the potential for the Scheme to be amended allowing for a use that has not been demonstrated is capable of being approved or compatible with surrounding existing and permissible uses.

If the proposed Amendment is not initiated by Council, the Amendment process ceases and there are no appeal rights available to the Applicant/proponent.

The EPA’s Guidance Statement provides a recommended generic separation distance for the following:

• Concrete batching plant or cement products (bricks) manufacture: 300-500m depending on size; • Service station (normal operating hours of Monday to Saturday 7am to 7pm: 50m; and • Service station (all other 24 hour operations): 200m (adjoining service station operates from 4am to 10pm).

The site of the proposed Child Care is approximately 300m from Australind Premix and less than 100m from MJB Industries and the service station. To accept the notion that child care centres within the Perth metropolitan region coexist with similar facilities as being a reason for approval is not considered consistent with the principles of orderly and proper planning, particularly without the demonstration of a sound basis for doing so.

Subsequent to the proponent’s deputation to Council on 23 June 2020, additional information has been provided (refer Attachment 4) to again request the Amendment be initiated subject to the required technical reports being provided at the time of submitting a development application. The proponent states the following:

“…have already spent in the order of $30,000 on this application…and it is simply uncommercial to commit an additional $20,000+ with no clarity on approval likelihood…”

“This is a commercial decision for the Shire and ourselves and not just a planning matter as either process can be accommodated within the planning framework…”

Whilst the proponent’s commercial/financial risk associated with this request is acknowledged, Council’s decision on the proposed Amendment is to be based on the principles of orderly and proper planning.

Officers have remained steadfast on the need for the required technical reports since the request was submitted some 18 months ago. A decision to support the Amendment would be contrary to the principles of orderly and proper planning and could result in a land use being permitted that cannot be developed due to separation distances. Officers therefore, maintain that the Amendment should not be supported in the absence of the required technical reports.

Conclusion

The proposed Additional Use for “Child Care” has not been supported by site-specific technical analysis to assess the required separation distance between the subject site and the service station on Lot 1 and Australind Premix and MJB Industries north of Ditchingham Place or to demonstrate that the use is compatible with surrounding existing and permissible uses. It is therefore, recommended that Scheme Amendment No. 124 not be initiated.

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Statutory/Policy Environment

Planning and Development Act 2005

“75. Amending scheme A local government may amend a local planning scheme with reference to any land within its district, or with reference to land within its district and other land within any adjacent district, by an amendment — (a) prepared by the local government, approved by the Minister and published in the Gazette; or (b) proposed by all or any of the owners of any land in the scheme area, adopted, with or without modifications, by the local government, approved by the Minister and published in the Gazette.”

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:

Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inadequate Advice/Information. The Consequence could be Environmental, Financial or Reputational if incorrect advice or information is provided. The risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Council Officer. This results in a Low risk being present.

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council does not initiate Amendment No. 124 to the Shire of Harvey’s District Planning Scheme No. 1 for Lot 9600 Ditchingham Place, Australind for the following reasons:

1. No sound site-specific technical analysis has been provided to demonstrate that:

a) a lesser distance than that recommended in the EPA’s Guidance Statement No. 3 (Guidance for the Assessment of Environmental Factors – Separation Distances between Industrial and Sensitive Land Uses) is appropriate between the proposed site and the existing nearby concrete batching plant or cement products (bricks) manufacture premises and service station; and b) the use would be compatible with surrounding existing and permissible uses.

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2. The proposed Additional Use of “Child Care” is considered inconsistent with the following sections of the WAPC’s Planning Bulletin 72/2009 – Child Care Centres:

a) 3.2 a) and 3.3 i) – locating child care centres appropriately in relation to their surrounding service area and not having a demonstrable adverse impact on the existing or planned level of child care centre services given the existence of an approved child care centre within the District Centre and the existing child care centres of Brilliant Beginnings and Riverlinks nearby; b) 3.2 b) – minimising the impact a child care centre has on its surrounds given the presence of a sensitive land use may prevent permissible land uses from locating on adjacent land; and c) 3.2 c) and 3.3 c) – minimising the impact the surrounds may have on a child care centre and being located in areas where adjoining uses are compatible with a child care centre given no site-specific technical reports have been provided to determine appropriate separation distances from the nearby concrete batching plant or cement products (bricks) manufacture premises and service station.

3. Initiating Amendment No. 124 on the basis that other child care centres within the Perth metropolitan region are located in close proximity to concrete batching facilities is not considered consistent with the principles of orderly and proper planning.

- Page 44 - Ordinary Council Agenda 28 July 2020

Development Services

Item No. 12.3.2 Subject: Community Open Space, Binningup - Transfer of Land Proponent: Solomon Brothers on behalf of Binningup Nominees Pty Ltd Location: Lots 194, 195, 198, 199, 200, 8001 and 8002, Binningup Reporting Officer: Director Sustainable Development Authorising Officer: Chief Executive Officer File No.: A006245, A016443 Reg. 20/21964

Summary

Lots 194, 195, 198, 199, 200, 8001 and 8002, (subject lots) Binningup are presently owned freehold by Binningup Nominees Pty Ltd (owner). These land parcels have been developed as Community Open Space (refer Attachment 1) and managed by the owner in accordance with the requirements of the Shire of Harvey Town Planning Scheme No 12. The owner no longer wishes to maintain these parcels and is seeking approval of Council for all lots to be transferred free of cost (gifted) to the Shire of Harvey (Shire) (refer Attachment 2).

It is recommended that Council approves the transfer and authorises the Chief Executive Officer to enter into appropriate agreements to ensure ongoing access to other infrastructure and water points required to undertake the necessary maintenance.

Background

On 18 August 1987, Shire of Harvey Town Planning Scheme 12 - Lakewood Shores Guided Development Scheme was Gazetted, which among other things provides for the development and Management of Open Space Areas within the Scheme Area (refer Attachment 3). Broadly the Open Space Areas were defined as Public, Community and Golf Course.

The Golf Course remains the owner’s responsibility and all Public Open Space has been ceded to the Shire as Recreation Reserves. The Community Open Space, which is the subject of this report, was never transferred to a Community Association and has remained the responsibility of the owner. It is understood that the transfer did not occur due to the problematic Scheme provisions associated with the collection and enforcement of levies and restriction of access.

In 2009, the Shire commenced negotiations with the owner’s representative at the time in regard to normalising the management of the Community Open Space. No agreement was reached at the time, however, there was an established position that at some time these Community Open Space areas would be under the management of the Shire.

In recognition of the management being undertaken by the owner, the subject lots since 2001 have been granted a Rates Exemption under Section 6.47 of the Local Government Act 1995 (Act) as the land has been developed as open space and waiving of the rate was considered appropriate.

The Shire became aware in early April 2020, that the owner was ceasing the management of the Community Open Space and Golf Course. Officers initially met with the owner’s representative and agreed that:

• The Shire will not be seeking to take on any maintenance associated with the Golf Course.

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• It was agreed that the land described above would be gifted to the Shire and that the Shire would investigate the process and likely cost to do so. It was also supported that an interim Memorandum of Understanding would be warranted prior to the land being transferred to the Shire.

• It was agreed that all reticulation, lighting, play equipment etc would also be gifted to the Shire.

• Preliminary inspections by the Shire suggest the infrastructure is in satisfactory condition and would be accepting of it being handed over as is.

• It was agreed that Binningup Nominees would advise the Shire on the amount of water it generally consumes to undertake the current maintenance regime. It was also agreed that Binningup Nominees would investigate the value of that water supply so further discussions with the Shire could occur. It remained unresolved as to how the existing pump could be transferred/jointly used by both parties.

Proposal

As evidenced by Attachment 2, the owner no longer wishes to manage the Community Open Space and has offered to gift the land to the Shire. The land specific to this transfer is legally described as:

DESCRIPTION OF LAND EXTENT VOLUME FOLIO

LOT 194 ON PLAN 22692 WHOLE 2131 658 LOT 195 ON PLAN 22694 WHOLE 2131 675 LOT 198 ON PLAN 22692 WHOLE 2131 659 LOT 199 ON PLAN 22694 WHOLE 2131 677 LOT 200 ON PLAN 22692 WHOLE 2131 660 LOT 8001 ON DEPOSITED PLAN 54244 WHOLE 2668 827 LOT 8002 ON DEPOSITED PLAN 49304 WHOLE 2618 583

Comment

Since the original meeting between the Shire and developer’s representatives, considerable progress has been made on the identification of infrastructure, its current status, likely maintenance costs, water demands and the limitations on accessing the bore and reticulation control station.

In the Shire’s draft 2020 - 2021 Budget an allocation of $20,000 has been listed for consideration associated with the ongoing maintenance requirements. This figure does not include the potential replacement of the solar lights within Lakes Parade, which is still being costed in conjunction with Western Power.

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The water licence, bore and reticulation control station are on land not included within the list of subject lots. The existing allocation of water provides an amount required to water the golf course and the subject lots. Splitting this allocation into two separate licences is currently being pursued, however, the time frame to complete this process remains unknown.

Discussions to resolve these matters are ongoing and to this effect, it is requested that authorisation be given to the Chief Executive Officer to enter into any interim or ongoing agreements (preferably a Memorandum of Understanding) once a mutually beneficial position has been achieved.

Statutory/Policy Environment

Shire of Harvey Town Planning Scheme 12 - Lakewood Shores Guided Development Scheme

Part V – Community Open Space - contains provisions for the Development and Management of the Community Open Space and provides an opportunity to transfer the Community Open Space to the Shire of Harvey in the event the management entity (owner or Community Association) is no longer able to undertake the required management.

Transfer of Land Act 1893

Part IV – Dealings with Land, Division 1 – Transfers, provides section associated with the transfer of land in freehold from one entity to another.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.2.3 and 2.4.5 states:

2.2.3 Continue to provide a high standard of town centre presentation and maintenance; and

2.4.5 Monitor and maintain current and future playground facilities within the Shire

Budget Implications

The Shire’s draft 2020 - 2021 Budget has listed for consideration an allocation of $20,000 towards the maintenance of the subject lots.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental, Financial, Reputational or Compliance if an incorrect administration of the Scheme occurs and areas of Community Open Space are not appropriately managed. The Risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Shire Officer. This results in a Low risk being present.

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Voting Requirements

Simple Majority.

Officer’s Recommendation

That Council:

1. Pursuant to Clause 4.5.2 of the Shire of Harvey Town Planning Scheme 12 - Lakewood Shores Guided Development Scheme accepts the gifting of the following lots from Binningup Nominees Pty Ltd:

DESCRIPTION OF LAND EXTENT VOLUME FOLIO

LOT 194 ON PLAN 22692 WHOLE 2131 658

LOT 195 ON PLAN 22694 WHOLE 2131 675

LOT 198 ON PLAN 22692 WHOLE 2131 659

LOT 199 ON PLAN 22694 WHOLE 2131 677

LOT 200 ON PLAN 22692 WHOLE 2131 660

LOT 8001 ON DEPOSITED PLAN 54244 WHOLE 2668 827

LOT 8002 ON DEPOSITED PLAN 49304 WHOLE 2618 583

2. Authorises the Chief Executive Officer to affix the Common Seal to the Transfer of Land Documents contained within Attachment 2 of this report; and

3. Authorises the Chief Executive Officer to enter into a Memorandum of Understanding with Binningup Nominees Pty Ltd associated with the allocation of water and access to the bore and reticulation control station.

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Development Services

Item No. 12.3.3 Subject: Application for a “Use Not Listed” (Rural Workers Accommodation) Proponent: D & L Hanks Location: Lot 48 (No. 336) Government Road, Harvey Reporting Officer: Planning Officer (ND) Authorising Officer: Manager Planning Services File No.: A007984 Reg. 20/19211

Summary

An application for Development Approval has been received for a ‘Use Not Listed’ (Rural Workers Accommodation) on Lot 48 (No. 336) Government Road, Harvey (refer Attachment 1). The application is referred to Council as Officers do not have delegation to determine that a ‘Use Not Listed’ may be consistent with the purpose and objectives of the General Farming zone.

It is recommended that Council determines the proposed ‘Use Not Listed’ may be consistent with the objectives of the zone and advertises the proposal.

At the completion of advertising, should no adverse submissions be received, the Manager Planning Services may determine the application in accordance with Delegation 4.1.3.

Background

Site Description

Lot 48 Government Road is zoned ‘General Farming’ under the Shire’s District Planning Scheme No.1 (the Scheme) and zoned ‘Rural’ under the Greater Bunbury Region Scheme. The site is generally regular in shape with an area of approximately 52.4 ha.

The majority of Lot 48 is pasture for grazing cattle. A house, pool and sheds occupy the eastern portion of the Lot within an area of approximately 50 – 150m from Government Road. The Site Plan (refer Attachment 2) shows the location of the existing buildings and the proposed Rural Workers Accommodation on the site.

Application History

On 11 May 2020, an email was received from the Applicant to request an exemption from the requirement for a Development Application to install a portable single bedroom unit for agricultural worker’s accommodation. The exemption request stated as follows:

“Please be advised that we wish to apply for the Agricultural Workers Accommodation exemption under item 1.7 of the Schedule.

We wish to install a portable 1 x bedroom unit on 336 Government Road Harvey. The Unit is from Cavalier although we are purchasing this unit directly from St John Ambulance Sub Centre in Harvey. The Unit is 18 months old and in as new condition. I have attached a copy of the specification from Cavalier.

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The purpose of this accommodation unit is for temporary backpacker farm workers on our dairy farm at 336 and 414 Government Road Harvey.

Access to the unit would be via our existing driveway at 336 Government Road Harvey and located approximately 40 metres to the rear of our existing house. We have existing power and water connections on this site.”

The exemption is permissible in terms of the Minister for Planning’s signed notice of exemptions gazetted on 30 April 2020. Notice of Exemption 1.7 is specific to this proposal is as follows:

Column 1 Column 2 - Column 3 – Direct Conditions Column 4 - Requirements Schemes Discretion To

1.7 Proponents are Shire of 1. Provided that the temporary workers' Proponents exempted from the Harvey District accommodation applies to a workforce requirement to Planning necessary for ongoing operation of obtain development Scheme No.l; agricultural activities. approval to the use of, or undertaking Shire of 2. Provided that: of works on, land, Manjimup where such use or Local Planning a) the land to be used is located in the works concern Scheme No. 4. General Farming, Intensive Farming, Priority agricultural workers Agriculture or General Agriculture zones; accommodation. b) the use is capable of being approved under the scheme; c) if the land can be connected to all reticulated utility services, is so connected; and d) no new permanent buildings or structures are required.

3. Provided that the proponent notifies the local government within 7 days of commencing the use, that the use is being undertaken.

4. An exemption under this clause will expire 90 days after the date upon which the State of Emergency Declaration ceases to have effect, or is revoked.

5.Despite any other condition, this exemption does not apply to temporary worker’s accommodation connected with the essential services dealt with in 1.6.

Despite the COVID-19 Pandemic Exemption, a Building Permit is still required. This was applied for on 25 May 2020 and issued on 26 June 2020. The unit now exists on the site.

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Proposal

The application is for Development Approval of the Rural Workers Accommodation unit (refer Attachments 2 and 3) that has a Building Permit by virtue of the owner of the property utilising the Minister for Planning’s State of Emergency COVID-19 pandemic Exemptions which was gazetted on 30 April 2020. The unit measures 9.6m x 4.2m x 3m and has an area of 40m2. It has crème coloured walls and roof.

Despite the Minister’s Exemption, it is necessary for the owners to obtain a Development Approval as the Exemption only applies for the term of the State of Emergency Declaration plus a period of 90 days. As the owners wish to make the Rural Workers Accommodation for permanent use, a Development Approval is requested.

Comment

Rural Workers Accommodation

The proposed use of “Rural Workers Accommodation” is not consistent with an existing use class in the Scheme. Clause 4.2.4(c) makes provision for a “Use Not Listed” to be considered and provides that Council can “determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone”. The Scheme does not provide much guidance on the objectives of the “General Farming” zone, however, the Policy statement contained within Table 27 (“General Farming”) of the Scheme refers to encouraging these areas to continue to be used for viable large scale farming activities and promoting good farming, animal husbandry and soil conservation.

The Applicant has advised that the proposed Rural Workers Accommodation is required to accommodate temporary backpackers employed to work on the dairy farm situated on the property.

Advertising

If Council determines that the proposed “Rural Workers Accommodation” use may be consistent with the objectives and purposes of the zone, pursuant to Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 (the Deemed Provisions), the application is required to be advertised for a period of at least 14 days for public comment.

If no objections are received during the advertising period, officers have delegation to approve the application as per Delegation 4.1.3.

Conclusion

It is evident that because of the small size of the unit and its location on the Lot, there are no negative impacts on adjoining landowners. It is distant to Government Road due to its placement behind (west of) the house area and it is also, for the most part, screened by vegetation that exists on the site.

Given the intended use of the proposed accommodation unit provided by the Applicant, it is considered that the proposed “Rural Workers Accommodation” may be consistent with the objectives of the ‘General Farming’ zone given that it supports the rural activities on the Lot. At the completion of advertising, should no adverse submissions be received, officers have delegation to determine the application in accordance with Delegation 4.1.3.

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Statutory/Policy Environment

Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2 – Deemed Provisions, Section 64 – Advertising Applications:

“(1) An application for development approval must be advertised under this clause if the proposed development —“

“(b) relates to a use if —

(i) the use is not specifically referred to in the zoning table for this Scheme in respect of the zone in which the development is located; and (ii) the local government determines that the use may be consistent with the objective of that zone and that notice of the application should be given;”

“(3) The local government may advertise, or require the applicant to advertise, an application for development approval in one or more of the following ways —

(a) by giving notice of the proposed use or development to owners and occupiers of properties in the vicinity of the development who, in the opinion of the local government, are likely to be affected by the granting of development approval, including a statement that submissions may be made to the local government by a specified day being a day not less than 14 days from the day on which the notice is given to the person;”

Shire of Harvey District Planning Scheme No.1

Clause 4.2.4

“If the use of land for a particular purpose is not specifically mentioned in the Zoning table and cannot reasonably be determined as falling within the interpretation of one of the land use categories then Council may: -

(a) determine that the use is not consistent with the objectives and purposes of the particular zone and is therefore not permitted; or

(b) Determine by absolute majority that the proposed use may be consistent with the objectives and purpose of the zone and there after follow the advertising procedures of Clause 64 of the Deemed Provisions in considering an application for consent. In approving such and application, the local government may apply any conditions or development standards it deems necessary”

Table 27 – Zoning and Development Standards for the General Farming Zone-

Policy Statement – “Local government intends to encourage these areas to continue to be used for viable large scale farming activity. Local government will encourage and promote good farming, animal husbandry and soil conservation. Some limited tourist and recreational activity may be permitted where no adverse effect to the primary agricultural purpose of the zone will result.

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Shire of Harvey Delegations Register

Delegation 4.1.3

“9. To approve an Application for Development Approval for a “Use Not Listed” that Council has determined ‘may be consistent with the purpose and objectives of the zone.”

“Approval for a “Use Not Listed” under Delegation 9. is subject to no objections being received during advertising of the application.”

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 2.3.1 states:

Continue to implement integrated environmental, social and land use planning which will: • minimise land use conflict.

Budget Implications

Nil.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Environmental, Financial, Reputational or Compliance if an incorrect assessment of the land use occurs, insufficient community engagement occurs, an incorrect approval is given or a relevant condition missed. The Risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Shire Officer. This results in a Low risk being present.

Voting Requirements

Officer’s Recommendation 1 – Absolute Majority. Officer’s Recommendation 2 – Simple Majority.

Officer’s Recommendation 1 of 2

That Council, pursuant to Clause 4.2.4(c) of the Shire of Harvey’s District Planning Scheme No. 1, determines that the proposed ‘Use Not Listed’ detailed in the Application for Development Approval for Lot 48 (No. 336) Government Road, Uduc can be considered as “Rural Workers Accommodation” which may be consistent with objectives and purposes of the ‘General Farming’ zone. Absolute Majority Required

Officer’s Recommendation 2 of 2

That Council, pursuant to Clause 4.2.4(c) of the Shire of Harvey’s District Planning Scheme No. 1, advertises the Application for Development Approval for Lot 48 (No. 336) Government Road, Uduc for the proposed ‘Use Not Listed’ (Rural Workers Accommodation) in accordance with Schedule 2, Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015.

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Development Services

Item No. 12.3.4 Subject: Mosquito Borne Disease Control – 2019 - 2020 Proponent: Manager Environmental Health Services Location: Shire of Harvey Reporting Officer: Manager Environmental Health Authorising Officer: Director Sustainable Development File No.: HSN002

Summary

This report provides a summary of the mosquito borne disease control activities undertaken by the Shire’s Environmental Health Section for the 2019 - 2020 threat season. The threat season usually occurs from September to May of each year, however, is influenced by weather patterns.

Background

Mosquito control continues to be the major public health issue for the local governments of Harvey, Bunbury and Dardanup.

The aforementioned local governments have been co-operating since 1990 as the Leschenault Mosquito Control Group or Contiguous Local Authority Group (CLAG)). The formation of a CLAG allows access to funding, with 50% of larvicide costs and 100% of the helicopter hire costs being provided by the State, Department of Health (DoH).

The purpose of the CLAG, which formally meets biannually, is to control mosquito borne diseases on a sub-regional basis by undertaking control methods in unison, setting budgets, sharing expertise and equipment. Furthermore, in recent years the Leschenault CLAG and the Geographe CLAG (Capel and Busselton local governments) have co-operated to deliver a common health education message more effectively.

The CLAG arrangement continues to operate effectively within the revised Memorandum of Understanding re- signed by all CLAG local governments and the DoH in 2020.

Comment

The 2019 - 2020 season resulted with a comparable level of response by Environmental Health staff compared to the previous year. This is qualified by stating that the weather conditions, specifically tidal regimes, did not impact as predicted and the absence of summer storm events. This resulted in four aerial applications of larvicides and low adult mosquito populations. This consequently translated into lower than expected reported cases of RRv and BFv across the Leschenault CLAG.

Control Activities

The following report and statistics illustrate the moderate level of response required for this mosquito season.

It is to be noted that mosquito control activity in this Shire and the CLAG, is tidal driven with little impact from rainfall.

- Page 54 - Ordinary Council Agenda 28 July 2020

Mosquito control activities commenced on 26 August 2019 due to the presence of winter cohorts, with the first aerial treatment being undertaken on the 27 August. The Shire of Harvey undertook four aerial treatments in 2019 - 2020 as compared to three in the previous season.

The below tide chart demonstrates the effects of tidal movement within the Leschenault Estuary on mosquito activity. The orange line indicates the 0.9m tide height which is the trigger level where fringing wetlands can become inundated, resulting in egg hatching. The blue line is the actual tide level and the black being the predicted level. The green line indicates the positive height above and the red line a negative below the predicted level.

The below chart shows three tides that exceeded the 0.9m trigger which resulted in the first aerial treatment for the 2019 - 2020 season.

Resulting from any tide exceeding 0.9m field observations are undertaken about three days after to formulate a response, i.e. aerial treatment, manual treatment or no action.

For this season 24 on ground survey events were undertaken at larval sites following conditions conducive to egg hatching which compares with 16 in the 2018 - 2019 season. A survey event is defined as a survey undertaken on a specific date but usually includes multiple sites e.g. 26 August 2019, when nine sites were surveyed. This equated to approximately 80 individual site surveys for the season.

These surveys resulted in 18 treatments comprising of 14 manual and four aerial applications being undertaken, as compared to last season, with 17 treatments, including three aerial applications.

A treatment is defined as a treatment undertaken on a specific date, but usually includes multiple sites e.g. 9 September 2019, an aerial application resulted in 12 sites treated, totalling 62 hectares (ha), with the application of 320 kg of larvicide at a rate of 6.5kg/ha.

The larvicide usage is shown below in Table 1.

- Page 55 - Ordinary Council Agenda 28 July 2020

Table 1 LARVICIDE USAGE Larvicide 2017/18 2018/19 Abate 10 SG 0 0 Abate 50 SG (aerial) 0 0 Bti (As) 0.2 litres 0.9 litres Bti (vectobac G) 0kg 0kg Barmac 200GR (Bti) 120kg 0kg Vectoprime (Bti & s-meth) 0kg 88kg Briquettes (s-methoprene) 83 99 Prosand (s-methoprene) 454kg 460kg

Aerial treatments were undertaken on the following dates and resulted in an approximately of 100 ha being treated compared to 85 ha 2018 - 2019:

1. Thursday, 4 August 2019; 2. Monday, 9 September 2019; 3. Thursday, 7 November 2019; and 4. Saturday, 21 March 2020.

It is to be noted that the data in Table 1 is only for the Shire of Harvey.

Application rates for the larvicides are:

• Prosand (S-methoprene) at 6 - 6.5 kgs per hectare; • Prolink (S-methoprene) Briquettes at 1 per 10sqm; • Vectoprime (Bti 5-10% and S-methoprene <1%) at 1.4 -11.2 kgs per hectare; and • Bacillus thuringiensis var israelensis (Bti); o (Bti, As), at 1.2 litres (concentrate) per hectare; o (Bti, as Vectobac G) at 7kg per hectare; and o (Bti, as Barmac 200 GR) at 7kg per hectare.

Three of the four aerial treatments were undertaken using the larvicide S-methoprene (granules), with the fourth using a dual formulation of Bti and S-methoprene. Alternating the types of larvicides used for control is a valuable technique to reduce possible mosquito resistance. All larvicides specifically target mosquito larvae. The aerial application of the liquid formulation of Bti requires very low wind speeds of about that 5kph and as a consequence this formulation is rarely used.

The choice of larvicide is dependent upon a variety of factors, however, most importantly is the age of larvae, water levels, tidal and weather forecast. Bti is very potent against early stage larvae but not so effective against late stage larvae which is where S-methoprene is most effective.

To assess the effectiveness of the aerial treatments, post aerial surveys continued for about seven to ten days after the event. Post survey results showed that the S-methoprene treatments continued to be successful, whilst the single treatment of a dual formulation achieved moderate results. The application was at the moderate rate of 6kg/ha and it is considered the rate may need to be increased for the more heavily vegetated sites.

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Aerial treatments are required to have a high level of reporting as part of the CLAG agreement to the DoH containing the following data:

• Pre-treatment site assessment surveys; • Aerial treatment details; and • Post-treatment site assessment surveys.

The use of semi-permanent briquettes stations was minimal due to the timing of aerial applications which treated the same sites. Furthermore, the tidal patterns and weather conditions throughout the season were conducive to aerial treatments as sites were significantly inundated which negated the requirements for large manual applications.

The runnels at Crimp Crescent wetland which were installed in 2000 continue to function effectively with some maintenance required to remove winter debris and vegetation intrusion. Runnels allow the ingress of predators and the egress of impounded water thereby reducing mosquito larvae populations and reducing the use of chemical control.

It was anticipated that some maintenance would be undertaken on the 400m of runnels located on Lot 131 Clifton Park, however, this did not eventuate. It is therefore, hoped that this work can be undertaken in the 2020 - 2021 season. Unauthorised access and destruction of this reserve by four wheel drives and motorbikes has virtually ceased due to the installation of effective boundary fencing by Infrastructure Services . The resulting severe wheel rutting creates further larvae sites, and destroys the runnel system and the delicate vegetation.

The majority of Point Douro is now under the control of the state agency, Department Biodiversity Conservation Attractions (DBCA) and is incorporated into the Leschenault Regional Park, however, six ha remains in private ownership.

The management of this reserve has ceased: • Illegal dumping; • Fire risk; • Vandalism; • Illegal camping; • Illegal vehicle activity; and • Destruction of the delicate vegetation.

The cessation of vehicle access has now protected the four km of runnels at Point Douro which were installed in 1987.

DBCA and the MEHS have being working closely to rehabilitate with: • Rubbish removal; • Revegetation; • Filling rutting caused the vehicle damage ground which created mosquito breeding and destroyed the runnel system and importantly; and • Sections of the runnel system were rendered inoperable by vehicle activity have been reinstated.

The cable gate installed by the Shire at the entry point off the Old Coast Road was cut on several occasions, however, since being replaced with a robust gate by DBCA access has ceased.

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The mosquito control boat was not used due to the requirement of staff to hold a Skippers Ticket. Training and assessment was scheduled but did not occur due to timing with other events. It is hoped to complete the training during the 2020 - 2021 season as the boat is required for the surveillance of several islands in the Collie River and Barr Island in the Leschenault Estuary.

The quad bike was used on several occasions to assist in the application of larvicides and survey work. This piece of equipment has proved extremely useful by allowing officers to cover considerable distances quickly, to carry equipment, survey work and instigate treatments, particularly Bti applications.

Adulticiding (fogging) was not undertaken but would have been at a specific foreshore area in Clifton Park due to a site activating over the Christmas break A number of complaints were received resulting from the high number of adult mosquitoes. The thermal fogger, which is approximately 20 years old, failed to operate and adulticiding could not be undertaken. Due to the age of the machine and the potential difficulties in repairing it a new machine was purchased.

Notifications of Ross River virus and Barmah Forest virus, July 2019 – June 2020

Table 2 indicates the monthly statistics of RRv and BFv within the Shire.

Table 2 Monthly Onset Ross River Barmah Date Virus Forest Virus July 3 0 August 1 0 September 1 0 October 1 1 November 0 0 December 0 January 0 February 0 March 0 April 0 May 0 June 0 TOTAL 6 0

Notified Cases of Ross River Virus for the Shire of Harvey 1988 to June 2020

Table 3 demonstrates the historical cases of RRv that have been recorded in the Shire of Harvey to the 30 June 2020.

It is to be noted that prior to 2009 the reporting period was September to May each year, not the fiscal year.

- Page 58 - Ordinary Council Agenda 28 July 2020

Table 3 Years 88/89 89/90 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99

Cases 45 1 1 25 4 3 2 71 13 14 23

Years 99/00 00/01 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09/ 09/10

Cases 33 3 1 1 56 2 17 14 13 19 4

Years 10/11 11/12 12/13 13/14 14/15 15/16 16/17 17/18 18/19 19/20

Cases 14 29 62 23 30 12 22 15 14 6

The following cases of RRv have been recorded to the 30 June 2020 throughout Western Australia and are evaluated against the Shire of Harvey data: • State – 151 (previous year 402); • South West – 55 (previous year 165); • Leschenault CLAG – 16 (previous year 28); and • Shire of Harvey – six (previous year 14).

For the Shire of Harvey this equates (rounded percentages) to: • 4.0% (previous year 3.5%) of total Western Australia cases; • 11%, (previous year 8.5%) of South West cases; and • 37% (previous year 50%) of the Leschenault CLAG.

Notified Cases of Barmah Forest virus for the Shire of Harvey 1988 to June 2020

Table 4 demonstrates the historical cases of BFv that have been recorded to the 30 June 2020. It is to be noted that:

• Due to the un-reliability of data collected throughout 2012 to 2014, information cannot be provided; and • Prior to 2009 the reporting period was September to May each year, not the fiscal year.

Table 4 Years 88/89 89/90 90/91 91/92 92/93 93/94 94/95 95/96 96/97 97/98 98/99 99/00 00/01

Cases 0 0 0 0 0 0 0 0 2 0 0 0 8

Years 01/02 02/03 03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14

Cases 3 1 0 0 3 4 1 3 1 2 0 No No data data

Years 14/15 15/16 16/17 17/18 18/19 19/20

Cases 2 1 0 3 1 0

The following cases of BFv have been recorded to the 30 June 2020 throughout Western Australia and evaluated against the Shire of Harvey data.

- Page 59 - Ordinary Council Agenda 28 July 2020

The following exhibits how this Shire: • State – seven (previous year, 18); • South West – one (previous year, eight); • Leschenault CLAG – zero (previous year, one); and • Shire of Harvey – zero (previous year,one).

For the Shire of Harvey this equates to: • 0% (previous year 5.6%) of total Western Australia cases; • 0% (previous year 13.6%), of South West cases; and • 0% (previous year 50%) of the Leschenault CLAG.

Case Investigations

Each case of RRv notified is investigated where possible to ascertain the probable source of infection. This is a useful tool for the identification of an infection as this could be external of the residential local government and/or identify virus activity in previously unknown areas.

For this Shire the demographics have established that most people were generally infected within one kilometre of the environs of the Leschenault Estuary. This is very significant when considering the potential future intrusions of human populations to the north of the Leschenault Estuary. However, it needs to be recognised that generally the residential areas do not extend much further than one kilometre from the estuary. Scientific research undertaken in the Leschenault area by the MEHS/SEHO established that the Ae camptorhynchus mosquito is quite capable of travelling up to one kilometre per night into the wind and at least six kilometres from the release site.

Virus Activity

The DoH undertakes the trapping of adult mosquitoes from four locations on a fortnightly basis throughout this Shire for: • Species identification; • Virus detection and identification (isolates); and • Total numbers.

For the period July 2019 to June 2020, 10 RRv isolates were recovered from a trap site within the Shire (Table 5). This compares to one RRv isolates and no BFv isolates from the 2018 - 2019 season.

Table 5 Number of Trap Site Month Isolates Virus ID Mosquito Species

Fresh Water Larval 11 June 2020 10 RRv Ae. camptorhynchus, Site.

Although these detections fall within the 2019 - 2020 reporting period this is extremely concerning for a number of reasons: • This is unseasonal, as detections are generally not seen until October/November onwards; • Multiple detections from one site within the Shire of Harvey; and • Detections have occurred simultaneously in other local government trap sites to the north and south of this Shire, therefore virus activity is widespread.

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Recent DoH and local media statements have been released warning of the unseasonal detections in the South West between Mandurah and Capel.

In response, it is staff’s intention to bring forward the aerial treatment programme, depending on tidal and weather conditions, to late June or most likely early August 2020. Furthermore, the climatic indicators such as the El Nino- Sothern Oscillation (ENSO) reflect a neutral to positive conditions. A positive ENSO generally points toward an above average risk season.

The CLAG MoU

Council at its meeting of 19 November 2019 resolved to adopt the reviewed CLAG MoU and authorised the Chief Executive Officer to sign, subject to all Principal stakeholders signing, the same.

It is to be noted that the previous MoU required that it be reviewed and re-signed at least every five years. The new MoU, however, permit, that if all parties agree that no amendments are required, then the existing MoU may remain in place and will not need re- signing.

A requirement of the MoU is that each CLAG local government is required to submit a Mosquito Management Plan (MMP) to the DoH for approval. The MEHS has submitted a comprehensive MMP which has been accepted by the DoH and received very positive comments.

The MMP is a 27page document, excluding attachments, which provides the Shire with detailed historical information and captures 30 years of the MEHS’s corporate knowledge. A copy of the MMP can be provided to Councillors if requested.

Further to the above, the CLAG is required to provide an annual report to the DoH. This is a new requirement and each CLAG member has shared the responsibility of completing the report. All member contributed to the Budget and funding acquittal, which includes funding and chemical carry-over and individual LG activities.

The SoH compiled the: • Summary of the season; • Technical reporting of control chemicals; • Planning for the upcoming seasons which includes; o climatic predictions; o climate influences; o larvicide requirements; o number of aerial and ground treatments; and o equipment requirements.

SoD compiled the mosquito borne disease case numbers, trapping data and virus isolates.

CoB have complied the; • CLAG public education and community engagement activities such as the health education campaign of television, print media and Fight the Bite merchandise purchases.

- Page 61 - Ordinary Council Agenda 28 July 2020

Public Education

In response to the previous year’s market research the Leschenault and Geographe CLAG’s reviewed and modified its communication strategy which resulted in the following:

• Television advertising through GWN7 commenced on 15 September 2019 for an eight- week period and a further two-week period from 26 December 2019; • Website management and domain hosting for fightthebite.com.au and Fight the Bite South West Facebook page– ongoing over the calendar year; and • Radio and newspaper advertising was not undertaken.

The Bull and Barrel Festival Expo was staffed by the Leschenault CLAG officers and attracted considerable interest. It is believed that this festival will not occur this year and the CLAG has agreed to share the SoH marquee at the Brunswick show which is good timing for the forthcoming risk season. The CLAG display has now been shared between all local governments showing a good example of sub-regional co-operation.

It is worthy to note that some of the major components of the public education developed by the Leschenault CLAG have been adopted by the DoH and other local governments.

The DoH, state-wide driven Fight The Bite campaign, supports CLAGs with the supply of branded merchandise as “give-a-ways” at public education displays, such as: • Hats; • Drink bottles; • Repellent; • Coffee cups (reusable); and • Dry bags etc.

Separate to, but complimenting the above, the MEHS and the Shire’s Marketing and Communications Officer undertook a series of Instagram “posts” which have been well received. The DoH also requested permission to exhibit these “post” to other CLAGs to promote this type of raw footage as a tool for public education. The DoH is optimistic that other local governments will do the same and that a library of film material can be documented.

Signage

The large interpretive sign at Knapp’s Channel wetland describing Council’s mosquito control measures at that site remains undamaged and continues to be of interest to the public. Further signage will be developed as part of the CLAG and Leschenault Regional Park public education strategy.

Helicopter Safety Training

The Shire’s Environmental Health Officers successfully completed the induction training required to be undertaken prior to helicopter operations. As the EHO’s from the Shire co- ordinate and supervise CLAG aerial applications, two officers are trained. This is mandatory annual training and is provided free of cost.

The recently appointed SEHO, Ms Juliet Madzvimbo, has completed the mandatory helicopter training. Further operational training on the multi-faceted aspects of mosquito control will be under the supervision of the Manager Environmental Health Services.

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Shire Staff are required to: • Control the ground operations; • Liaise directly with the helicopter pilot over operational issues; • Inform the Australind Police of aerial activities; • Ensure a safe landing and take-off zone; • Calculate quantities of larvicides and area required for treatment; • Load (calibrate if necessary) the larvicide hoppers on both sides of the helicopter pre and post treatment; • Act as the initial Search and Rescue (SAR) co-ordinator; and • Provide treatment reports to the DoH.

Manager Environmental Health Services (MEHS) Activities

The MEHS continues to be the WALGA non metropolitan representative on the Mosquito Control Advisory Committee (MCAC) under the governance of the DoH. The MCAC met twice in 2019 - 2020 to:

• Scrutinise and approve state-wide CLAG budget; • Scrutinise and approve scientific research grant applications; and • Provide a conduit to provide advice to various other state agencies concerning mosquito control.

The MEHS was invited in 2017 to be a participant the Technical Advisory Group (TAG) for the development of the Leschenault Regional Park Establishment Plan to give advice on mosquito control. It was emphasised that mosquito control was a critical public health protection mechanism to reduce mosquito borne disease and that control must remain under the direction of the Shire and the DoH.

The importance of the programme is recognised within the Leschenault Regional Park Establishment Plan as stated below:

4.4.2 Mosquito management

Much of the area proposed for inclusion within the regional park is subject to the ongoing mosquito control program coordinated by the Department of Health and Leschenault Contiguous Local Authority Group (CLAG). Given the significant public health risks associated with mosquito borne diseases it is essential that the future management plan recognises and establishes that the mosquito control program continues and remains under the absolute control of the Department of Health and the Leschenault CLAG.”

Further to the above Staff has worked closely with the Department of Biodiversity, Conservation and Attractions, to guide that agency through the science of the mosquito control programme.

Statutory/Policy Environment

The objects and principles of the Public Health Act 2016, predicates that the appropriate enforcement agency, being the Shire of Harvey, undertakes actions to protect, promote, improve public health to prevent disease for its community.

Consequently, the mosquito control program meets the objects and principles which is supported by the CLAG MoU.

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CLAG MOU 2020. This MoU clarifies the roles and responsibilities of the signatories to the document. This was reviewed by all parties in 2019 endorsed in May 2020 The new MoU however permits, that if all parties agree that no amendments are required, then the existing MoU may remain in place and will not need re-signing.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 2.7.3 states:

Partner with other government agencies to implement an integrated approach to mosquito management.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. There is no Consequence associated as the Shire has the full authority under State Government legislation and MoU to undertake mosquito control. There could be a reputational consequence if the Shire is seen not to take remedial action to control a disease risk.

Budget Implications

The activities described in this report were within the 2019 - 2020:

• The Shire’s mosquito control budget; and • Leschenault CLAG budget, which includes Department of Health funding.

Voting Requirement

Simple Majority.

Officer’s Recommendations:

That Council:

1. Receives the report entitled Mosquito Borne Disease Control 2019 - 2020; and

2. Authorises the Chief Executive Officer to forward this report to the Contiguous Local Authority Group to assist with its annual report to the Department of Health.

- Page 64 - Ordinary Council Agenda 28 July 2020

Development Services

Item No. 12.3.5 Subject: Trading in Public Places for Food Vendors Proponent: Up In Smoke Catering and Food Van(trailer) Location: Ridley Place Australind, Crown Reserve 25441(2) Reporting Officer: Senior Environmental Health Officer Authorising Officer: Manager Environmental Health Services File No.: LS/B/032 Attachment Reg. No.20/24419

Summary

Council at its meeting of 19 November 2019, approved various food vendors to operate under a Power to Licence for Designated Locations within the Shire. As not all locations were approved, a further application from ‘Up In Smoke Catering’ has been received to operate from Position 2 at Ridley Place, Crown Reserve 25441, Australind.

Officers do not have delegation to determine and it is recommended that Council approves the application from Up In Smoke Catering and authorises the preparation and signing of the required documents between the Shire and the operator for a Power to Licence, Position 2 at Ridley Place, Crown Reserve 25441, Australind.

Background

Council, at its meeting of 9 October 2018, adopted the revised draft Policy 4.3.7 - Trading in Public Places Policy for Food Vendors and approved five sites for the Power to Licence for food vendor trading. Four of these sites are at Australind and one site is at the Beach Carpark in Binningup.

Council’s resolution of 9 October 2018 was as follows:

“That Council:

1. Notes the submissions received during the six-week advertising period; 2. Approves the following five sites for the ‘Power to License’ for the purpose trading sites for food vendors:

Area Designated location Number(s) of site(s) Size permitted Australind Eco-Museum 1 site 30m² (Reserve 25203) Australind Christina Street (Lot 31) 1 site 30m² (Plan D027242) Australind Ridley Place 2 sites 30m² per site (Crown Reserve 25441) Binningup Beach Carpark 1 site 30m² (Part Reserve 488239)

3. Adopts the revised Draft Policy 4.3.7; 4. Undertakes the independent valuation of the sites accepted in Recommendation 1a to formulate a fee based on market values; 5. On completion of the independent valuation, calls for Expressions of Interest from interested parties for the operation of food vendor trading at the sites approved; and

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6. Updates the Staff Delegations Register, “4.3.7 AUTHORISATION TO APPROVE TRADERS’ PERMITS ONLY RELATING TO FOOD TRADING”, to reflect the adoption of Policy 4.3.7.”

In response to Resolution 4 an independent valuation was completed on 5 February 2019 to determine the market rental/permit fee for trading at the above locations, allowing for calls for Expressions of Interest from interested parties for the operation of food vendor trading at the approved sites. The market rental for trading at the various locations determined in the valuation are shown below.

POWER TO LICENCE PERMIT LOCATIONS AND PRICE PER SITE Area Designated location Number(s) of Size Market sites(s) permitted rental/permit fee for trading/per annum. 1. Australind Eco-Museum 1 site 30m² $1,500 (Reserve 25203) 2. Australind Christina Street (Lot 31) 1 site 30m² $2,000 (Plan D027242) 3. Australind Ridley Place 2 sites 30m² $2,000 (Crown Reserve 25441) Position 1 4. Australind Ridley Place 30m² $1,500 (Crown Reserve 25441) Position 2 5. Binningup Beach Carpark 1 site 30m² $520 (Part Reserve 48823)

These trading locations will operate under a Power to Licence Permit which allows an operator to ‘occupy’ a site at Shire identified foreshore locations in Australind and Binningup.

Council at its meeting of the 19 November 2019 approved two of three applications, being:

• Eco-Museum (Reserve 25203) Australind; and • Christina Street (Lot 31) (Plan D027242) Australind.

The Shire, however, after the closing date of the EOI received an additional application seeking approval to operate from the location at Position 1 at Ridley Place, Crown Reserve 25441, Australind.

It was considered that the most expedient way to approve any further applications for the remaining two locations, being Ridley Place (Crown Reserve 25441) two separate sites, was for Council to delegate its authority to the Chief Executive Officer to make the decision instead of presenting the matter to Council.

Officer Recommendation 3 was as follows:

Delegates the authority to the Chief Executive Officer to approve a Power to Licence Permit between the Shire of Harvey and an operator for trading at the chosen Power to Licence locations as described in the “Background” of this item, subject to an evaluation and the demonstration of capability against the assessment criteria included in the Expression of Interest document.

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The alternate motion presented by Council changed the officers’ recommendation to read as follows:

Alternative Motion:

Authorises the Chief Executive Officer to sign a Contract for a Power to Licence Permit between the Shire of Harvey and the operators for trading at the chosen locations as described in the Officer’s Recommendation 1, for a period of two (2) years.

Reason: The change to the Officer’s Recommendation was due to Council being of the view that Binningup does not have a large enough population to accommodate the existing facilities and the food van, and to remove the delegation to approve a Power to Licence at Power to Licence locations as Council wishes to be aware of these operations.

In response to Council’s Resolution, the application from Up In Smoke Catering, to trade at Position 2 at Ridley Place, Crown Reserve 25441, Australind is now presented to Council for consideration.

Comment

The Applicant’s trading offer (refer Attachment 1) is summarised as follows; • Trading at Ridley Place, Position 2 • Operating for a period of two years; • Proposed trading times, subject to establishing consumer requirements: o Seven days per week o 12pm to 8pm on Monday to Sunday • Offering easy to eat foods o e.g. American style BBQ ribs, meats, burgers, salads and chips.

The application was assessed by Environmental Health Officers against the requirements of Policy 4.3.7 - Trading in Public Places Policy for Food Vendors, for compliance and other mobile trade vendors to ensure consistency in the evaluation process.

It is recommended that Council approves the operator Up In Smoke Catering to trade from Ridley Place (Crown Reserve 25441) Position 2.

Statutory/Policy Environment

Local Government Act 1995:

2.7. Role of Council (1) The Council — (a) governs the local government’s affairs; and (b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the Council is to — (a) oversee the allocation of the local government’s finances and resources; and (b) determine the local government’s policies.

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Food Act 2008 and Food Regulations 2009 gives power to the local government (delegated to an authorised person) to approve food businesses and to enforce regulation by infringement or prosecution.

Activities in Thoroughfares and Public Places and Trading Local Law 2017. Part 6 deals with trading in thoroughfares and public places, and Part 7 relates to permits and applying for permits.

Policy 4.3.7 - Trading in Public Places Policy for Food Vendors:

The Policy applies to all Stallholder and Trader Permit applications offering food for sale in a public place pursuant to the Shire’s Activities in Thoroughfares and Public Places and Trading Local Law 2017. The objectives of the Policy are to:

1. Provide Council with a consistent framework to regulate the location of stallholders and traders offering food or food related goods and services for sale in public places within the Shire of Harvey; 2. Provide a framework for Council nominated sites at various foreshore locations, by introducing the ‘Power to Licence’ permit, a new category of permit where the permit fee is based on an appraisal determined according to economic market trends and conditions; and 3. Encourage a high standard of service delivery to the local community and visitors whilst supporting local economic development, commercial viability, public safety and taking into account existing permanent business premises.

The Power to Licence permit limits the number of food vendors to the licensed areas at the identified designated sites at Australind and Binningup. The Policy includes assessment and selection considerations, as well as Standard Terms and Conditions for determining a food vendor application at Power to Licence sites and includes as part of these conditions that the Power to Licence Permit be granted for a period of up to 24 months from the approval date.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies, 2.4.3, 2.4.4, 4.2.2 and 4.3.4 state:

2.4.3 Progress opportunities to increase accessibility and improve the range of amenities and infrastructure at the Leschenault Estuary.

2.4.4 Provide quality amenities and accessible public spaces for our community.

4.2.2 Maintain, review and ensure relevance of Council’s policies and local laws.

4.3.4 Monitor and ensure compliance with the regulatory Framework for Local Government Business.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Financial, Reputational or Compliance if an incorrect approval is given, or a condition is missed. The risk is mitigated by the report being thoroughly researched, reviewed and provided by a qualified Shire officer, resulting in Low risk being present.

- Page 68 - Ordinary Council Agenda 28 July 2020

Budget Implications

Permit fees for the five identified Power to Licence sites were determined by an independent valuation during February 2019.

An income of $1,500 per annum, (for a term of two years), is generated from this site in accordance with the market rental/permit site and forms part of the Shire’s 2020 - 2021 Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Approves the application from Up In Smoke Catering to trade from Ridley Place Australind, Crown Reserve 25441, Position 2 for the sum of $1,500 per annum for a term of two years with the following requirements:

a) Trading for seven days per week; b) Operating times between 12pm to 8pm on Monday to Sunday; and c) Subject to standard terms and conditions in accordance with Council’s Policy, 4.3.7 Trading in Public Places Policy for Food Vendors; and

2. Authorises the Chief Executive Officer to sign a Contract for a Power to Licence Permit between the Shire of Harvey and the operators of Up In Smoke Catering for trading as described in the Officer’s Recommendation 1.

- Page 69 - Ordinary Council Agenda 28 July 2020

Development Services

Item No. 12.3.6 Subject: Proposed Moratorium on Amendments to the Local Planning Strategy and District Planning Scheme Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Planning Services Authorising Officer: Director Sustainable Development File No.: P001000

Summary

The Shire’s Local Planning Strategy (LPS) has received final approval and Officers are finalising the draft new Local Planning Scheme (draft new Scheme). Officers are being contacted by landowners and/or their representatives regarding potential amendments to the LPS. Amendments to the LPS prior to finalisation of the Greater Bunbury Strategy (GBS) or amendments to the current District Planning Scheme No. 1 (current Scheme), are likely to delay the progression and finalisation of the draft new Scheme. Therefore, Officers recommend Council imposes a 12-month moratorium on considering amendments to the LPS and the current Scheme.

Background

The Shire’s LPS received final approval on 22 April 2020. Some submissions received requesting modifications to the LPS were not supported by the Western Australian Planning Commission (WAPC) and many of these are likely to be included in the Greater Bunbury Strategy currently being prepared by the WAPC. Upon release of the finalised Greater Bunbury Strategy (GBS), the LPS is likely to be amended to include the recommendations of the GBS that do not currently form part of the LPS.

Subsequent to finalisation of the LPS, a workshop was held with Councillors on 30 June 2020 on the draft new Scheme. Officers estimate that the draft new Scheme may be referred to Council in October 2020 for endorsement for referral to the Environmental Protection Authority and to seek consent to advertise from the WAPC.

Proposal

Officers propose that Council imposes a 12-month moratorium on amendments to the LPS and current Scheme.

Comment

Landowners and/or their representatives have been in discussions with the Department of Planning, Lands and Heritage (DPLH) and WAPC regarding their submissions to the LPS that were not initially supported by the WAPC for inclusion in the LPS. The DPLH and WAPC are referring the landowners and/or their representative to the Shire for potential amendments to the LPS. In some instances, amendments to the LPS prior to finalisation of the GBS are considered premature and may delay the finalisation of the draft new Scheme. In addition, amendments to the current Scheme are likely to be impacted by, or delay finalisation of, the draft new Scheme.

- Page 70 - Ordinary Council Agenda 28 July 2020

In this situation, Council has the ability to impose a moratorium on amendments which would mean that for a period of time (proposed as 12 months) Council would not consider any requests for an amendment to the LPS or current Scheme. This is a common approach by local governments and is often suggested by the DPLH.

It is therefore recommended that Council imposes a 12-month moratorium on considering amendments to either the LPS or current Scheme.

Statutory/Policy Environment

There are no statutory provisions relating to placing a moratorium on amendments.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027:

Strategy 1.1.1 states:

Review the Town Planning Scheme

Strategy 1.1.2 states:

Complete the Local Planning Strategy

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational or Financial if amendments to the LPS or Scheme delay finalisation of the draft new Scheme. The risk is considered Minor and the likelihood Unlikely, given that Shire Officers have recommended a 12-month moratorium on amendments and the report has been thoroughly researched, peer reviewed and provided by a qualified Shire Officer. This results in a Low risk being present.

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council imposes a 12-month moratorium on considering amendments to either the Shire’s Local Planning Strategy or District Planning Scheme No. 1.

- Page 71 - Ordinary Council Agenda 28 July 2020

Corporate Services

Item No. 12.4.1 Subject Listing of Accounts Paid – May 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Finance Authorising Officer: Director Corporate Services File No.: FMS006

Summary

Presented by way of attachment is a listing of payments for goods and services for May 2020. It is recommended that Council note the attached payments.

Background

Pursuant to Section 5.42 of the Local Government Act 1995 (Delegation of some powers and duties to CEO), Council has resolved to delegate to the Chief Executive Officer (Delegation No: 2.2.1) the exercise of its powers to make payments from the municipal and trust funds.

As a result of this delegation there is a requirement under the Local Government (Financial Management) Regulations 1996, Regulation 13(3) for a list of payments to be prepared and presented to Council.

Comment

The list of accounts paid for the period of May 2020 is presented as an attachment to this report, as summarised below.

Voucher Amount Schedule of Accounts Municipal EFT 49970 - EFT 50294 $2,478,429.12 116998 - 117019 $19,986.21 DD20593.1 - DD20651.17 $128,017.75 CBA Credit Card $6,857.49 Electronic Funds Submitted $1,013,464.08 Total $3,646,754.65

Statutory/Policy Environment

Local Government (Financial Management) Regulation 1996, Regulation 13 prescribes the reporting of payments to Council.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:

Monitor and ensure compliance with the regulatory framework for Local Government Business.

- Page 72 - Ordinary Council Agenda 28 July 2020

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. There is no Consequence associated as Council is receiving financial information only with no recommendation on action or intervention.

Budget Implications

The payments listed above have been budgeted for in the Shire’s 2019–2020 Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council notes the above list of accounts paid for the period of May 2020 totalling $3,646,754.65.

- Page 73 - Ordinary Council Agenda 28 July 2020

Corporate Services

Item No. 12.4.2 Subject: Financial Statements as at 31 May 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Finance Authorising Officer: Director Corporate Services File No.: CC/C/062

Summary

Presented by way of attachment are the Financial Statements as at 31 May 2020.

The following key balances are provided to assist in reporting the Shire’s financial performance.

AC T U AL BUDGET VARIANCE 31 May 2020 2019 - 2020 Statement of Financial Performance Ordinary Revenue $39,028,833 $36,124,398 -$2,904,435 Ordinary Expenditure $37,099,821 $44,313,168 $7,213,347 Capital Revenue $8,200,259 $12,396,656 $4,196,397 Capital Expenditure $9,707,125 $17,526,329 $7,819,204 End of Period Profit / (Loss) $12,227,104

Statement of Financial Position Current Assets $47,936,057 Net Assets $486,471,303

It is recommended Council receive the Financial Statements (refer Attachment 1).

Background

In accordance with the provisions of Section 6.4 of the Local Government Act 1995, and Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, a Local Government is to prepare each month a Statement of Financial Activity (refer Attachment 1) reporting on the revenue and expenditure as set out in the Annual Budget under Regulations 22 (1)(d) for the month.

Comment

Any material variances are highlighted in the Statement of Financial Performance and included by way of Notes to the Statement of Financial Performance (as attached).

Attached to the Agenda is a copy of: • Statement of Financial Performance • Statement of Financial Position • Notes to the Statement of Financial Performance and Financial Position • Total Municipal Revenue and Expenditure - graph

- Page 74 - Ordinary Council Agenda 28 July 2020

• Statement of Cash at Bank – Loans • Statement of Cash at Bank – Reserves • Statement of Cash at Bank – Bonds and Deposits • Statement of Cash at Bank – Trust • Current Ratio – graph • Outstanding Rates – graph • Aged Debtors Summary - graph • Current Account Coverage – graph • Statement of Investments

Statutory/Policy Environment

Section 6.4 of the Local Government Act 1995, requires financial reports to be prepared as prescribed.

Local Government (Financial Management) Regulation 1996, Regulation 34 prescribes the monthly financial reporting requirements of Council.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:

Monitor and ensure compliance with the regulatory framework for Local Government Business.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Financial, Reputational or Compliance if the financial statements are not reported accurately, timely or in the required format. The risk is mitigated by Council receiving financial statements on a monthly basis and in a form that is in accordance with the Local Government Act 1995 and associated Regulations, resulting in a Low risk being present.

Budget Implications

Review of the monthly accounts aids in ensuring works and services are undertaken and the Shire operates within its adopted Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council receives the Financial Statements as at 31 May 2020.

- Page 75 - Ordinary Council Agenda 28 July 2020

Corporate Services

Item No. 12.4.3 Subject: 2020 - 2021 Budget Adoption Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Director Corporate Services Authorising Officer: Chief Executive Officer File No.: FM/B/001

Summary

The purpose of this report is to allow Council to consider and adopt the 2020 - 2021 Budget together with associated matters such as the Schedule of Fees and Charges, Councillor Fees and Allowances along with Rates and Charges for 2020 - 2021. A copy of the 2020 - 2021 draft Budget, which has resulted from Council’s Preliminary Budget Meeting, held on 7 July 2020 is included as a separate attachment.

Background

On 7 July 2020, a Special Council Meeting was held to review in depth the draft 2020 - 2021 Budget. That meeting included a page by page review of the draft Budget including operating income and expenses as well as capital works. The draft Budget has been prepared with reference to the Shire’s Integrated Planning documents such as the Strategic Community Plan, Corporate Business Plan, Workforce Plan, Asset Management Plan, Long Term Financial Plan and other strategic planning documents.

In accordance with the Special Council Meeting, the draft 2020 - 2021 Budget document has been predicated on a zero % increase in general rates, rate in the dollar.

Comment

The Shire through its utilisation of reserves accounts and retained surplus carried forward has been able to fund:

• Stimulus capital works as part of its COVID-19 measures; • Provide for planned capital and operating works; and at the same time; and • Retain local government rates and fees and charges at the same level as 2019 - 2020.

The CPI is currently 2.1% (Perth, March 2019 – March 2020) and is projected to increase over the next few years.

The Shire has been able to achieve this additional expenditure without increasing revenue in 2020 - 2021, however, having now accessed those reserve accounts, the capacity to fund through reserves or reduce Shire rates in future years is limited.

The draft 2020 - 2021 Budget is presented in the required format for adoption.

Statutory/Policy Environment

Local Government Act 1995, Section 6.2 – Requirement for local governments to prepare and adopt in the prescribed manner an annual budget, by absolute majority.

- Page 76 - Ordinary Council Agenda 28 July 2020

Strategic Framework

This Budget has taken into account information derived from the Shire’s Integrated Planning documents as per Strategy 4.1.1 of the Strategic Community Plan including the Long Term Financial Plan, Workforce Plan, Asset Management Plans and Corporate Business Plan.

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 3.4.1 and 3.6.1 state:

3.4.1 Continue to monitor the needs of the community, to ensure access to appropriate services and facilities.

3.6.1 Provide a safe standard of roads and ancillary infrastructure.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/information. The Consequence could be Financial and Compliance. Note that by Council working through its proven budget process helps to mitigate or control financial risk. As such it is considered that a Low risk is present.

Budget Implications

The draft Budget has been formulated with consideration given to Integrated Planning documents such as the Corporate Business Plan and Long Term Financial Plan.

The adoption of the Budget will allow for the imposition of rates revenue for the 2020-2021 year as well as the commencement of new works as highlighted in the Budget document.

Voting Requirement

Absolute Majority.

Budget Adoption Recommendations

1. Schedule of Fees and Charges 2020 - 2021

All fees and charges have been reviewed as part of the 2020 - 2021 Budget process.

Officer’s Recommendation 1 of 6

That the Schedule of Fees and Charges, as included in the Budget document, be adopted.

Absolute Majority Required

- Page 77 - Ordinary Council Agenda 28 July 2020

2. Councillor Fees and Allowances

Officer’s Recommendation 2 of 6

That the following Councillor fees and allowances be adopted for the 2020 - 2021 Financial Year:

Annual attendance fee (Councillors) - $16,640 Annual attendance fee (Shire President) - $31,149 Communications allowance - $ 1,385 Presidential allowance - $44,280 Deputy Presidential allowance - $11,070

Absolute Majority Required

3. Adoption of Draft 2020 - 2021 Budget

Officer’s Recommendation 3 of 6

That the 2020 - 2021 Municipal Fund Budget, showing expenditure and payments of $64,089,881 and receipts of $31,899,348 with an amount of $20,485,006 to be acquired by the imposition of general rates, be adopted by Council.

Absolute Majority Required

4. Rates, Concessions, Charges, Payment Options, Penalties and Discounts

Officer’s Recommendation 4 of 6

That the following rates and charges and related payment options be imposed on rateable properties within the Shire of Harvey for the 2020-2021 Financial Year:

Schedule of Rates, Concessions, Charges, Fees, Penalties and Discounts

General Rates

8.5534 cents in the $ on Gross Rental Valuations. 0.5188 cents in the $ on Unimproved Valuations.

Specified Area Rate – Kingston Landscaping Maintenance

0.9252 cents in the $ on Gross Rental Valuations on properties within the Kingston Estate.

Specified Area Rate – Galway Green Landscaping Maintenance

0.9232 cents in the $ on Gross Rental Valuations on properties within the Galway Green Estate.

Specified Area Rate – Treendale Landscaping Maintenance

1.3521 cents in the $ on Gross Rental Valuations on properties within Treendale.

- Page 78 - Ordinary Council Agenda 28 July 2020

Specified Area Rate – Treendale District Centre Landscaping Maintenance

0.8984 cents in the $ on Gross Rental Valuations on properties within the Treendale District Centre.

Minimum Rate

$1,080 per assessment on both Gross Rental Valuations and Unimproved Valuations.

Residential Rubbish Charge

$308 per annum for the weekly removal of one 240 litre mobile ‘Organics’ garbage bin, fortnightly removal of one 240 litre mobile ‘General Waste’ garbage bin and fortnightly removal of one 240 litre mobile ‘Recycling’ Bin plus one (1) tip pass (includes four (4) standard tip entries).

Industrial and Non-Residential Rubbish Charge

$194 per annum for the weekly removal of one 240 litre mobile garbage bin only.

Rural Rubbish Charge

$105 per annum for a rural rubbish charge on those rural properties which do not have a 240 litre Mobile Garbage Bin Service.

Swimming Pool Inspection Fee

$15.50 per annum (GST Exempt).

Rates, Charges and Fees Due and Payable

The General Rates, Specified Area Rates and Rubbish Charges are due and payable by the 25 September 2020.

Interim Rates and Interim Rubbish Charges will be due and payable by the 35th day after the date of service of the interim notice.

Discounts

A discount of 7% on all current general rates issued and payments received in full at the Shire of Harvey Offices up to 4.00p.m. on the 25 September 2020, and a discount of 7% on all interim general rates paid in full by the 35th day after the date of service of the interim notice.

Options for Payment of Rates, Rubbish Charges and Fees

Option 1 – Prompt Payment Due no later than 4.00pm on 25 September 2020, and subject to a 7% discount on the current general rates.

Option 2 – Two Equal Instalments 1. First Instalment due no later than 4.00pm on 25 September 2020. 2. Second Instalment due no later than 4.00pm on 27 November 2020.

Administration Charge for Payment by Option 2 – $0.00.

Note: No Discount Applicable to Option 2

- Page 79 - Ordinary Council Agenda 28 July 2020

Option 3 – Four Equal Instalments 1. First Instalment due no later than 4.00pm on 25 September 2020. 2. Second Instalment due no later than 4.00pm on 27 November 2020. 3. Third Instalment due no later than 4.00pm on 29 January 2021. 4. Final Instalment due no later than 4.00pm on 2 April 2021.

Administration Charge for Payment by Option 3 – $0.00.

Note: No Discount Applicable to Option 3

Interest Charged on Overdue Rates, Rubbish and Other Charges

Rate of Interest – 5% per annum calculated on a daily basis.

Interest will be charged on all General Rates, Accrued Interest, Rubbish Charges and Instalment Administration Charges outstanding as at 30 June 2020, calculated on a simple interest basis at the rate of 5% per annum.

Where no election has been made to pay the rate notice by instalments, interest will be charged on the General Rates and/or Rubbish Charges raised for the 2020-2021 financial year, that remain outstanding 42 days after the date of issue of the rate notice, for the number of days until the day before the day on which a payment is received, calculated on a simple interest basis at the rate of 5% per annum.

Where an election has been made to pay the rate notice by instalments and an instalment remains unpaid, interest will be charged for the number of days until the day before the day on which a payment is received, calculated on a simple interest basis at the rate of 5% per annum.

Entitled Pensioners will be exempt from being charged the interest charge on Deferred Rates, Current Rates and Current Rubbish Charges.

Absolute Majority Required

5. Trust Fund Budget 2020 - 2021

Officer’s Recommendation 5 of 6

That the Trust Fund Budget for the 2020 - 2021 financial year as included in the Budget document as Note 8, showing an estimated closing balance of $1,578, 616 be adopted.

Absolute Majority Required

6. Materiality

Information is to be considered material if by its omission or misstatement it has the potential to adversely affect the decisions about the allocation of scarce resources made by users of a general purpose financial report or the rendering of accountability by preparers.

Officer’s Recommendation 6 of 6

An amount of $20,000.00 in any one account, transaction or variance is considered to be material. Simple Majority

- Page 80 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.1 Subject: Community Sporting and Recreation Facilities Fund – Small Grant Application Proponent: Brunswick Districts Bowling Club Inc. Location: Lot 2 Ommaney Road, Brunswick Junction Reporting Officer: Manager Place Authorising Officer: Chief Executive Officer File No.: A4312

Summary

This report recommends that Council supports the grant application received from the Brunswick Districts Bowling Club under the Community Sporting and Recreation Facilities Fund (CSRFF) Small Grants Program and recommends that the application be forwarded to the Department of Local Government, Sport and Cultural Industries (formerly the Department of Sport and Recreation) by the closing date of 14 August 2020.

Background

Each year CSRFF grant applications are invited from local governments and community groups for projects that provide facilities and infrastructure for sport and recreation. The program aims to increase participation in sport and recreation through rational development of good quality, well designed and well utilised facilities.

Grant applications may request up to one third of the cost of eligible projects with the balance of the funds to be provided by the local government and/or the community group. In addition to the main funding round in September for larger scale projects, there are two small grant funding rounds in March and August each year for smaller scale projects up to $300,000 in value.

This report provides details of a grant application that has been received from the Brunswick Districts Bowling Club under the Small Grants program.

Comment

The application from the Brunswick and Districts Bowling Club Inc. seeks a contribution towards the cost converting one of the Club’s grass bowling greens to a synthetic surface. The Club currently has three grass greens and wishes to retain the two grass greens that have been rebuilt in recent years and convert the “B green” to synthetic.

The condition of the B green is such that it will either require rebuilding as a grass green or conversion to a synthetic surface. Due to the difficulty of attracting volunteer labour to maintain the three grass greens and the ability of a synthetic surface to be used through the winter period, the Club has decided on the synthetic surface option.

The proposed funding arrangement for the project (ex GST) is as follows:

Brunswick Bowling Club – cash contribution $49,500 Brunswick Bowling Club – in kind $ 3,950 Brunswick Bowling Club – donated materials $ 6,050 Shire of Harvey (2020 - 2021 Budget allocation) $59,000

- Page 81 - Ordinary Council Agenda 28 July 2020

Alcoa Sustainability Fund Grant $59,000 CSRFF grant application $35,500 Total $213,000

Both the requested Shire contribution and the Alcoa Harvey Sustainability Fund grant have been included in the Shire’s 2020 - 2021 draft Budget. Given that this is the only application that has been received for this funding round, it is recommended that this be allocated the number 1 priority rating.

Statutory/Policy Environment

Policy 3.1.3 relates to financial assistance by the Shire to clubs and organisations for new or upgraded facilities and identifies eligibility and assessment criteria for consideration of funding requests. This project meets the criteria set out in Council’s policy.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 3.1.2 and 4.5.1 state:

3.1.2 Continue to engage local community groups to understand needs, improve facilities and source grant funding.

4.5.1 Maximise Shire grant funding.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if Council decided not to support the application. The risk is considered Moderate and the likelihood Unlikely, resulting in a Low level of risk.

Budget Implications

The requested Shire contribution to the project is included in the Shire’s 2020 - 2021 draft Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council requests the Chief Executive Officer to submit the following Community Sporting and Recreation Facilities Fund grant application to the Department of Local Government, Sport and Cultural Industries for the 2020 Small Grants funding round:

Volunteer Priority Description CSRFF Shire Club/ Other Total Contribution Brunswick Districts 1 $35,500 $59,000 $10,000 $108,500 $213,000 Bowling Club

- Page 82 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.2 Subject: Management Agreement – Harvey Community Play and Learning Centre Inc. Proponent: Harvey Community Play and Learning Centre Inc. Location: Harvey Recreation and Cultural Centre Reporting Officer: Manager Place Authorising Officer: Chief Executive Officer File No.: A001861

Summary

This report recommends that the Shire enters into a new Management Agreement with the Harvey Community Play and Learning Centre Inc. (HCPLC) for the use of the Childcare facilities at the Harvey Recreation and Cultural Centre (HRCC).

Background

The HCPLC Inc. (formerly known as the Harvey Occasional Child Care Centre) is a not for profit community organisation that has been a long term tenant at HRCC providing child care services for the local community.

Although there has been no formal agreement in place, a historical arrangement has existed whereby HCPLC have had exclusive use of the Child Care room and outside play space adjacent to the main entrance of the Centre, and pay a rental that is equal to $1.00 (plus GST) per session for each child that attends the program.

With the transition of management of the HRCC to the Shire now in place, a draft Management Agreement (refer Attachment 1) has been prepared to formalise the current arrangement and is presented for Council’s consideration and approval.

Comment

The new Management Agreement is based on the Shire’s standard agreement for use of community facilities of this nature and includes the requirement for Public Liability Insurance to the value of $20 million.

The Shire’s standard term for Management Agreements is usually five years plus an option for a further five years. Given that this Agreement would be the first formal agreement for the use of the HRCC’s facilities by HCPLC, it is recommended that the initial term be for three years. The proposed shorter term would provide the opportunity to monitor and review the Agreement after three years prior to entering into a longer Agreement subject to there being no unresolved issues of concern.

Statutory Environment

Section 3.58 of the Local Government Act 1995 and Clause 30 (2)(b)(i)(ii) of the Local Government (Functions and General Regulations) 1996 – The leasing of the land and subsequent building could be considered an exempt disposition due to the structure of the organisation, the objects of which are of a charitable or benevolent nature and therefore not subject to the provisions of Section 3.58 of the Act in terms of the process for disposing of land; e.g. State wide advertising.

- Page 83 - Ordinary Council Agenda 28 July 2020

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.1.3 states:

Continue to provide facilities and services to support local community organisations

Risk Management

The Risk Theme Profile identified as part of this report is Business and Community Disruption. The Consequence could be Reputational if Council decided not to support the recommendation. The risk is mitigated by having a Management Agreement that has been approved by both parties. The Risk Consequence is considered to be Moderate and the Likelihood Unlikely, resulting in a Moderate risk being present.

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation:

That Council:

1. Enters into a Management Agreement with the Harvey Community Play and Learning Centre Inc. for the use of the Childcare facilities at the Harvey Recreation and Cultural Centre for a period of three years commencing on 1 August 2020.

2. Authorises the Chief Executive Officer to sign the Management Agreement on behalf of the Shire.

- Page 84 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.3 Subject: Variation to COVID-19 Response Grants Program Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Community Development Officer (SJ) Authorising Officer: Manager Place File No.: F000285

Summary

This report presents a proposal to vary the COVID-19 Response Grants Program Round 2 to include funding to support small businesses and industry organisations to develop business continuity beyond COVID-19.

It is recommended that Council supports the proposal and approves the unspent balance of funding from Round 1 of COVID-19 Response Grants Program being carried forward to the 2020 - 2021 Budget.

Background

At its meeting 28 April 2020, Council approved the proposal to establish a COVID-19 Response Grants Program for organisations and groups to assist the Shire of Harvey community who were experiencing extended periods of physical distancing and isolation as well as significant job losses.

The original purpose of the COVID-19 Response Grants Program was to address that need, and provide funding to grant applicants that can demonstrate an ability to deliver projects that:

1. Develop resources or services to address the changing needs of the community in a COVID-19 environment;

2. Increase community connection and social inclusion in an environment where physical distancing and isolation measures are in place;

3. Enrich the diversity of cultural, environmental, recreational and social opportunity to residents in the new and developing COVID-19 environment;

4. Actively support the elderly, vulnerable, Aboriginal and culturally and linguistically diverse (CALD) communities within the Shire;

5. Build and strengthen partnerships between community groups and organisations; and

6. Enhance the Shire of Harvey as a safe, liveable and healthy Shire in the context of a pandemic.

An allocation of $30,000 was committed to COVID-19 Response Grants Program in the 2019 – 2020 financial year and a further $40,000 allocated in the 2020 - 2021 Budget.

- Page 85 - Ordinary Council Agenda 28 July 2020

To date the Shire has approved funding to the amount of $9,048 for Round 1. This is less than expected because of the speed of the changes of government phasing and the Community Resource Centres, which would have been the major applicants, receiving funding through the Lotterywest COVID-19 Relief Fund.

Due to the economic and social impact caused by the current COVID-19 pandemic, it is recommended that the Shire’s small businesses be supported so they may continue to remain viable and offer their services to the local community. It is proposed the funding grants will additionally deliver direct financial support to local organisations to innovate, adapt and foster business continuity to assist with economic recovery in the form of a one-off grant. The aims of the proposal are to:

1. Provide an immediate stimulus to the local economy to help keep businesses open, cash flowing and Shire of Harvey residents working; 2. Adapt business operations in order to retain or employ staff; 3. Increase digital and e-commerce capabilities; and 4. Increase knowledge, develop new skills and build resilience.

Comment

Should Council be supportive of this proposal, draft guidelines for the business applications have been prepared (refer Attachment 1) that include eligibility criteria, exclusions and the maximum grant amount of $5,000. This will help to ensure that the available funding will benefit those local businesses most affected by the pandemic in a timely and efficient way as well as being transparent and accountable.

It is recommended that Council supports the proposal to vary the COVID-19 Response Grants Program to include funding support for local small businesses and industry organisations to help local businesses remain viable beyond COVID-19.

Statutory/Policy Environment

Shire of Harvey 2.2.16 Disaster Relief Donations Policy.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.1.2 states:

Continue to actively engage Local Community groups to understand needs, improve facilities and source grant funding.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational if unsuccessful applicants were not happy with the outcome of the process. The Risk Consequence is considered to be Minor and the Likelihood Possible resulting in a Moderate level of risk.

- Page 86 - Ordinary Council Agenda 28 July 2020

Budget Implications

The report recommends that the balance of $20,952 from the current 2019 - 2020 COVID-19 Response Grants Program budget be carried forward to the 2020 - 2021 Budget.

An additional allocation of $40,000 has been included in the Shire’s 2020 - 2021 draft Budget for this program.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Supports the proposal to vary the COVID-19 Response Grants Program to include funding support for small businesses and industry organisations to help local businesses to remain viable beyond COVID-19; and

2. Approves the unspent balance of funding from Round 1 of COVID-19 Response Grants Program being carried forward to the 2020 - 2021 Budget.

- Page 87 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.4 Subject: Noongar Community Group – Request to Use Harvey RSL Hall Proponent: Noongar Community Group Location: Harvey RSL Hall Reporting Officer: Community Development Officer (SJ) Authorising Officer: Manager Place File No.: A001538

Summary

This report presents a proposal to for the Noongar Community Group to conduct meetings and various activities at the Harvey RSL Hall for approximately ten hours per week and recommends that Council supports the proposal by providing free use of the Hall for a six- month trial period.

Background

A request has been received from the Noongar Community group which is a not for profit group, (soon to be incorporated) to use the Harvey RSL Hall as a meeting place for the Noongar Community Group and local Elders. Proposed activities include language classes, yarning, art zone, and wellness programs (refer Attachment 1).

A number of potential venues have been explored including shared use of the heritage listed former Catholic Church with the Harvey Districts Creative Arts Society, the old CWA/Lions Hall at Snells Park and sharing the leased venue with the new Youth Space program on Harvey Plaza. Aside from the Harvey Playgroup which meet for two hours every Thursday, the Harvey RSL Hall is largely underutilised and would provide a suitable venue for a meeting and activity space.

Comment

The proposal is considered to have merit and could be supported for a six-month trial period at minimal cost to the Shire. The normal hire fee for the RSL Hall is $22 per hour so it could be argued that there is an “opportunity cost” of $220 per week or $5,280 in potential lost revenue. However, there has been minimal use of the Hall for the past number of years and there have been limited enquiries regarding its availability. It is acknowledged that there would be some additional costs incurred such as electricity and water consumption but these costs are not anticipated to be significant.

The Harvey Play Group has been approached and have no objection to another community group sharing the Hall.

Should Council be supportive of the proposal it would demonstrate a strong commitment towards improving opportunities for Aboriginal community members which make up 2.2% of the Shire’s population. It would also allow the Shire to support some areas of the Shire’s Reconciliation Action Plan.

On balance the proposal is considered to be worthy of Council’s support for a six-month trial period. At the end of the six-month trial the program would be reviewed to determine its success or otherwise and a further report presented to Council.

- Page 88 - Ordinary Council Agenda 28 July 2020

Statutory/Policy Environment

Nil.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategies:

3.3.1 Continue to provide facilities and support community groups, including arts, heritage and cultural groups.

3.3.4 Continue to liaise with relevant indigenous groups, as appropriate.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Reputational depending on whether Council wishes to support the proposal or not. The Risk Consequence is considered to be Low and the Likelihood Unlikely resulting in a Low level of risk.

Budget Implications

The report recommends that Council waive the normal hire fees for the use of the Harvey RSL Hall Room for a six-month trial period which could result in a potential loss of income of $5,280. Some additional costs for electricity and water consumption would be incurred, however, these costs are not expected to be significant.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Subject to normal conditions of hire, insurance and bond requirements, grants approval for the Noongar Community Group to use the Harvey RSL Hall for the purpose of meetings and other activities for a six-month trial period and agrees to waive the normal hire fees for the use of the Hall; and

2. Receives a further report on success or otherwise of the program following the six month trial period.

- Page 89 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.5 Subject: Leschenault Men's Shed – Request to Extend the Lease Area Proponent: Leschenault Men's Shed Inc. Location: Lot 42 Leisure Drive, Australind Reporting Officer: Manager Place Authorising Officer: Chief Executive Officer File No.: A005529 and C/Z/053

Summary

This report presents a request from Leschenault Men's Shed Inc. to extend the area of its lease agreement at Leschenault Recreation Park (Lot 42 Leisure Drive Australind) to enable an expansion of the current Men’s Shed facilities and program. It is recommended that Council supports the proposal subject to conditions.

Background

Leschenault Men’s Shed is located at the western end of Leschenault Recreation Park which is owned in freehold title by the Shire of Harvey.

Construction of the Leschenault Men’s Shed (LMS) was completed in 2011 and is managed under a lease agreement with the Shire of Harvey. The initial term of the lease was for a period of five years expiring on the 30 April 2016. Approval for a further five year lease extension was granted commencing on 1 May 2016 and expiring on 30 April 2021.

The Leschenault Men's Shed has operated successfully from the premises at part Lot 42 Leisure Drive for the past nine years. Council has been supportive of the LMS and provided an allocation of $50,000 in its 2010 - 2011 Budget to construct the car park and access road to the new building, and a grant of $15,000 towards the cost of upgrading the power supply in 2017 - 2018.

Following discussions between Shire officers and LMS representatives over the past six to -12 months, the LMS has submitted a proposal (refer Attachment 1) to extend the current leased area to enable construction of an additional 22m x 20m shed to the north of the existing shed.

Shire officers are not aware of any breach of the existing lease agreement terms by the LMS since it first commenced in 2011.

Comment

Men's Sheds are well known throughout Australia as providing for the mental and physical wellbeing of members. There are well understood benefits in the area of men's mental health and wellbeing which in turn provides flow on benefits to the community.

The LMS has been extremely successful in providing social and recreational opportunities for the local community and currently has over 90 members. It operates each morning from Monday to Friday, Monday evenings and Saturday afternoons. For safety reasons the LMS can only accommodate a maximum of 35 - 40_people per session and most sessions are at capacity.

- Page 90 - Ordinary Council Agenda 28 July 2020

The request from the LMS is to expand the lease area by 30 metres to the north of the existing site. Effectively this would double the size of the size of the current lease area as shown on the attached plan (refer Attachment 2).

The requested expansion of the lease area has been identified on the Leschenault Recreation Park Master Plan (refer Attachment 3) as a possible future community development site which is in keeping with the Master Plan adopted by Council in September 2019. There has been no other interest or requests from the community for the use of the proposed site that officers are aware of.

Should Council be supportive of the LMS’s request and agrees to the expansion of the lease area, a more detailed proposal would be required that includes plans, cost estimates and a funding proposal. It is understood that the LMS wish to construct a new shed of a similar design and size to the existing shed. This would allow LMS to expand its membership and offer opportunities for more local residents to benefit from the program.

It is therefore, recommended that Council supports the request from LMS to expand the current lease area to enable expansion of the LMS facilities and provide increased opportunities for local residents to benefit from the program.

Statutory/Policy Environment

Section 3.58 of the Local Government Act 1995 deals with the disposal of property which includes leasing.

Clause 30 of the Local Government (Functions and General) Regulations1996 details when the disposition of property is exempt from the provision of Section 3.58 of the Act. A disposition of property to a body; i) The objects of which one of a charitable benevolent, religions, cultural, educational, recreational sporting or other like nature; and ii) The members of which are not entitled to profit from the body's transactions are considered exempt.

The exemption refers to not being required to advertise or undertake any other inclusive process of sale or lease, generally in relation to land.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 3.1.3 states:

Continue to provide facilities and services to support local community organisations.

Risk Management

The Risk Theme Profile identified as part of this report is Business and Community Disruption. The Consequences identified are Reputational and Property. The risks associated with the possible consequences are mitigated by having a consensual lease in place approved by both parties. The Consequence rating associated with this matter is Moderate and the Likelihood being Unlikely, resulting in a Low level of Risk

- Page 91 - Ordinary Council Agenda 28 July 2020

Budget Implications

No implications for the 2020 - 2021 draft Budget, however, it is likely that the LMS will request a financial contribution towards the cost of the proposed new shed in future years.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council grants an extension of the current leased area to the Leschenault Men's Shed Inc. at Lot 42 Leisure Drive, Australind, as shown on the attached plan (refer Attachment 2) subject to the following conditions:

1. A Development Application is required to be submitted which includes detailed planning and design of the proposed additional shed and infrastructure to the satisfaction of the Shire;

2. The Leschenault Men’s Shed is required to submit a more detailed proposal that includes plans, cost estimates and a funding model for the proposed development; and

3. No works are permitted to commence on site until Shire approval has been granted and all funding for the project has been secured.

- Page 92 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.6 Subject: Advisory Group Membership Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Place Authorising Officer: Chief Executive Officer File No.: CC/C/091

Summary

This report recommends that the Leschenault Leisure Centre (LLC) Advisory Group, Australind/Leschenault Place Advisory Group and Community Safety and Crime Prevention Advisory Group (CSCP) be established, and notes the appointment of community representatives as detailed in this report. Advertising will be undertaken to attract additional members to the CSCP Advisory Group.

Background

Following a major review of the Shire’s committees in September 2019, Council resolved to discontinue a number of Advisory Committees and Working Groups, and replace them with the following Advisory Groups:

• Awards, Honours and Prizes Advisory Group; • Australind/Leschenault Place Advisory Group; • Brunswick Place Advisory Group; • Coastal Communities Place Advisory Group; • Community Safety and Crime Prevention Advisory Group; • Community Sail Training Trust Advisory Group; • Disability Access and Inclusion Advisory Group; • Harvey Place Advisory Group; • Heritage Advisory Group; • Leschenault Leisure Centre Advisory Group; • Sport and Recreation Advisory Group; and • Yarloop Place Advisory Group.

Council’s representatives on the above Advisory Groups were appointed at the Special Council Meeting held on 21 October 2019. Under the Terms of Reference, the Chief Executive Officer is responsible for appointing the community representatives on the various Advisory Groups.

A report to the February 2020 Council Meeting provided details of nominations that had been received from community groups and individuals, and advised there had been only a small number of nominations for the Leschenault Leisure Centre, Australind/Leschenault Place and Community Safety and Crime Prevention Advisory Ground. Council subsequently resolved (20/051) as follows:

That Council:

1. Notes the appointment of community representatives to the Shire’s Advisory Groups as detailed in this report; and

- Page 93 - Ordinary Council Agenda 28 July 2020

2. Due to the lack of nominations received for the Leschenault Leisure Centre Advisory Group, the Community Safety and Crime Prevention Advisory Group and the Australind/Leschenault Place Advisory Group elects not to establish these advisory groups at this time and undertakes further advertising inviting nominations from community organisations and individuals.

Following further advertising and through direct approaches by Cr Campbell and Cr Lovitt, the following nominations have been received:

Leschenault Leisure Centre Advisory Group

Margaret Lewis Community representative Angelo D’Agostino Community representative Gary Quinn Community representative Betty Italiano Community representative Michael Dean Community representative

Australind/Leschenault Place Advisory Group

Lisa Malatesta Morrissey Homestead Juanita Goodlich Business representative Vanessa Harrop Community representative Daryl Fishwick Community representative Julieta Bracknell Community representative Karen McCarthy Community representative Seana Sloan Community representative Cathy Smith Community representative Leanne Logan Ketteringham Community representative

Community Safety and Crime Prevention Advisory Group

Natasha Cooper Community representative Deanne Fleay Community representative

Comment

With the nominations that have been received for the Leschenault Leisure Centre (LLC) and Australind/Leschenault Place Advisory Groups, it is now considered viable to establish both these Advisory Groups. This will provide an additional forum for community input to local projects and initiatives in Australind and Leschenault, and the management and strategic planning for the Leschenault Leisure Centre.

Although there are only two nominations for the Community Safety and Crime Prevention Advisory Group it is suggested that this Advisory Group also be established and further advertising take place to attract additional members.

Statutory/Policy Environment

There are no legislative requirements governing the establishment of Advisory Groups

- Page 94 - Ordinary Council Agenda 28 July 2020

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.4.1 states:

Provide opportunities for the community to engage with Councillors and Staff.

Risk Management

The Risk Theme Profile identified in relation to this item is Inadequate Engagement Practices. The Consequence could be Reputational if the establishment of the Advisory Groups is ineffective. The Risk Consequence is considered to be Low and the Likelihood Unlikely resulting in a Low level of risk.

Budget Implications

There are no direct Budget implications associated with this report, however, officer resources will be required to administer the recommended new Advisory Groups.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council establishes the Leschenault Leisure Centre, the Australind/Leschenault Leisure Centre and the Community Safety and Crime Prevention Advisory Groups and notes the appointment of community representatives as detailed in this report.

- Page 95 - Ordinary Council Agenda 28 July 2020

Community Development

Item No. 12.5.7 Subject: Leschenault Leisure Centre – Grow Cook Eat Create Proponent: Grow Cook Eat Create Inc. Location: Leschenault Leisure Centre Reporting Officer: Community Development Officer (AP) Authorising Officer: Manager Place File No.: A005529

Summary

This report presents a request from “Grow Cook Eat Create Inc.” (GCEC) for the Shire to continue to waive normal hire fees for use of the Pat Rutherford Room at the Leschenault Leisure Centre. It is recommended that the Shire continue with its current level of support for the GCEC program for a further 12-month period.

A further request has been received from GCEC to trial a program to be held one evening a month on a night suitable for Leschenault Leisure Centre operations. It is recommended that this additional usage be charged at normal hire rates according to Council’s resolution of 6 August 2019 to apply normal hire fees for any additional usage requests.

Background

GCEC is a not for profit organisation that offers an inclusive program for participants of all abilities to take part in cooking, craft and gardening activities.

A report to the Council Meeting held on 27 June 2017 presented a proposal from GCEC requesting the use of the Pat Rutherford Room at the Leschenault Leisure Centre for a community kitchen program. Council was supportive of that request and resolved to waive the normal hire fees for use of the Pat Rutherford Room on Wednesdays during the School Term for a six-month trial period.

Following the initial trial period, a second report on the program was submitted to the Council Meeting held on 24 April 2018 to consider a request from GCEC to continue the program and to waive the normal hire fees for an additional day’s use of the venue. Council was supportive of this request and resolved to waive the normal hire fees for use of the Pat Rutherford Room on Wednesdays and Fridays during the School Term.

The program continued to grow, with 50 registered participants, and a third report was submitted to the Council Meeting held on 6 August 2019 to consider a request from GCEC to waive the normal hire fees for a third day’s use of the venue. Council was again supportive of this request and it was resolved as follows:

“That Council:

1. Subject to room availability, normal conditions of hire, insurance and bond requirements, grants approval for the Grow Cook Eat Create (GCEC) program to use the Pat Rutherford Room at the Leschenault Leisure Centre on Monday, Wednesdays and Fridays during School Term between the hours of 9am and 2pm for a further 12-month period and agrees to waive the normal hire fees for the use of the Room;

- Page 96 - Ordinary Council Agenda 28 July 2020

2. Notes that normal hire rates would apply for any requested additional use of the facilities;

3. Receives a further report on the GCEC program at the end of the 12-month period of this approval.”

Comment

Over the last year, attendance at the GCEC sessions has grown with over 70 participants registered across the three days of the program. Anecdotally, participants attend GCEC not only to share the cooking experience but for the sense of belonging and accomplishment that is fostered through the program. Many participants take on important social roles in the group and each member feels valued as they do whatever they can to assist.

Council’s support of the program also meets objectives of the Shire’s Disability Access and Inclusion Plan 2017 – 2022, with the Shire being formally recognised for this contribution in the Department of Communities Disability Access and Inclusion Plan Minister’s Progress Report 2018 – 2019.

GCEC maintains a positive relationship with Leschenault Leisure Centre operations with no reported difficulties.

It is recommended that Council continue its support for a further 12-month period and waive the normal hire fees ($52 per hour) for the use of the Pat Rutherford Room on Mondays, Wednesdays and Fridays during the School Term between the hours of 9am and 2pm.

As per the Council resolution of 6 August 2019, it is recommended that the further request to trial a monthly evening program be charged at normal hire rates and that GCEC liaise with Leschenault Leisure Centre Staff to accommodate this request.

Further, in order for Shire officers to capture quantitative and qualitative data on the program, it is recommended that GCEC submits quarterly Summary of Activities reports and six-monthly Financial Statements, which can be used to inform Councillors of the program’s outcomes.

Statutory/Policy Environment

Section 6.12(1)(b) of the Local Government Act 1995 allows Council to waive a fee.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategies 3.1.4 and 3.2.1 state:

3.1.4 Continue to support community events and programs.

3.2.1 Implement the Disability Access and Inclusion Plan

Risk Management

- Page 97 - Ordinary Council Agenda 28 July 2020

Budget Implications

The report recommends that the Shire continues to waive the normal hire fees for the use of the Pat Rutherford Room for a further 12 months which could result in a potential loss of income of $31,200 if there was demand to use the facility from other user groups. Some additional indirect costs for electricity and water consumption would be incurred however these costs are not expected to be significant.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Subject to room availability, normal conditions of hire, insurance and bond requirements, grants approval for the Grow Cook Eat Create (GCEC) program to use the Pat Rutherford Room at the Leschenault Leisure Centre on Mondays, Wednesdays and Fridays during School Term between the hours of 9am and 2pm for a further 12-month period and agrees to waive the normal hire fees for the use of the Room;

2. Notes that normal hire rates would apply for any requested additional use of the facilities;

3. Requests GCEC to provide quarterly Summary of Activities reports and six-monthly Financial Statements; and

4. Receives a further report on the GCEC program at the end of the 12-month period of this approval.

- Page 98 -

Ordinary Council Meeting Minutes

Harvey Council Chamber Tuesday, 23 June 2020 4pm

Ordinary Council Minutes 23 June 2020

Contents

1. Official Opening

2. Record of Apologies and Leave of Absence

3. Applications for Leave of Absence

4. Reading from a Book of Learning and Wisdom

5. Declarations of Members’ and Officers’ Personal Interest

6. Response to Previous Questions Taken on Notice

7. Public Question Time

8. Petitions/Deputations/Presentations

9. Announcements by Presiding Member or CEO Without Discussion

10. Confirmation of Minutes

11. Receipt of Minutes and Recommendations from Committees

12. Officer’s Reports

12.1 Chief Executive Officer

12.1.1 Bush Fires Act Delegations – Shire of Harvey CC/U/003 20

12.2 Technical Services

12.2.1 Local Roads and Community Infrastructure Program – Shire of 24 Harvey (SMB0006)

12.3 Development Services

12.3.1 Review of Delegations – Planning and Building - Shire of Harvey 28 (CC/U/003)

12.4 Corporate Services

12.4.1 Listing of Accounts Paid – April 2020 – Shire of Harvey (FMS006) 10 12.4.2 Financial Statements as at 30 April 2020 – Shire of Harvey 12 (CC/C/062) 12.4.3 Long Term Financial Plan 2020 – 2030 and Asset Management Plan 14 2020 – 2030 – Shire of Harvey (FMB001)

2 Ordinary Council Minutes 23 June 2020

12.5 Community Services

12.5.1 Proposed Tourist Information Bays and Signage Strategy – Shire of 17 Harvey 12.5.2 Harvey Recreation and Cultural Centre Advisory Group – Terms of 35 Reference - Shire of Harvey - Harvey Recreation and Cultural Centre 12.5.3 Harvey District Tourist Bureau – Community Budget Submissions - 38 Harvey District Tourist Bureau Inc. - Shire of Harvey (A002446)

13. Elected Members Motions of Which Previous Notice Has Been Given

14. Notice of Motion for Following Meeting

15. Questions by Members of Which Due Notice Has Been Given

16. Reports of Members

17. Seal Register

18. New Business of an Urgent Nature Introduced by Decision of Meeting

19. Matters Behind Closed Doors

Nil.

20. Closure of Meeting

3 Ordinary Council Minutes 23 June 2020

Shire of Harvey Council Minutes

Minutes of the Ordinary Council Meeting of the Harvey Shire Council, held in the Council Chamber, Young Street Harvey, on Tuesday, 23 June 2020, commencing at 4pm.

Attendance

Shire President Cr. P. Gillett Cr. B. Adams Cr. P. Beech Cr. M. Boylan Cr. J. Bromham Cr. F. Burgoyne (4.00pm – 4.05pm) (4.10pm – 5.56pm) Cr. M. Campbell Cr. C. Carbone Cr. R. Coleman Cr. W. Dickinson Cr. T. Jackson (4.00pm – 4.33pm) (5.28pm – 5.56pm) Cr. A. Lovitt JP Cr. D. Simpson

Staff

Chief Executive Officer Ms. A. Riordan Acting Executive Manager Finance and Mr. D. Winter Corporate Executive Manager Technical Services Mr. R. Lotznicker Acting Manager Corporate Services Ms. V. Small Principal Building Surveyor Mr. M. Stewart Principal Environmental Health Officer Mr. S. Dandridge Manager Planning Services Mr. S. Hall Manager Community & Economic Development Mr. P. Quinlivan Marketing and Communications Officer Ms. C. Moore Manager Special Projects Ms. P. Pietersen Environmental Health Officer Mr. H. Jones Agenda and Minutes Officer Ms. K. Hough

There were 3 members of the public and 1 member of the press present.

4 Ordinary Council Minutes 23 June 2020

Minutes

1. Official Opening

The meeting was declared open at 4pm.

Acknowledgement of Country

2. Record of Apologies and Leave of Absence

Apologies

Nil.

Leave of Absence

Nil.

3. Applications for Leave of Absence

Cr Gillett requested a leave of absence from Wednesday, 8 July 2020 – Friday, 17 July 2020.

Moved: Cr Carbone Seconded: Cr Bromham That leave of absence be granted to Cr Gillett for Wednesday, 8 July 2020 to Friday, 17 July 2020. Carried 13-0 20/134.

4. Reading from a Book of Learning and Wisdom

Read by Cr Coleman.

5. Declarations of Members’ and Officers’ Personal Interest

Cr Jackson declared a Financial Interest in Item 12.5.3 - Harvey District Tourist Bureau – Community Budget Submissions - Harvey District Tourist Bureau Inc. - Shire of Harvey (A002446). Cr. Jackson advised that she is a financial member of the Harvey Districts Tourist Bureau and declared she would leave the Chamber for the duration of the item.

Cr Dickinson declared an Impartiality Interest in Item 12.2.1 - Local Roads and Community Infrastructure Program – Shire of Harvey (SMB0006). Cr. Dickinson advised that she is President of the Brunswick Grounds Committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

5 Ordinary Council Minutes 23 June 2020

Cr Dickinson declared an Impartiality Interest in Item 12.5.3 - Harvey District Tourist Bureau – Community Budget Submissions - Harvey District Tourist Bureau Inc. - Shire of Harvey (A002446). Cr. Dickinson advised that she is the Council representative for the Harvey Visitor Centre and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr Beech declared an Impartiality Interest in Item 12.5.2 - Harvey Recreation and Cultural Centre Advisory Group – Terms of Reference - Shire of Harvey - Harvey Recreation and Cultural Centre. Cr. Beech advised that he is a Council delegate to the Harvey Recreation and Cultural Centre Advisory Group and declared he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr Gillett declared an Impartiality Interest in Item 12.5.2 - Harvey Recreation and Cultural Centre Advisory Group – Terms of Reference - Shire of Harvey - Harvey Recreation and Cultural Centre. Cr. Gillett advised that he is a Council delegate to the Harvey Recreation and Cultural Centre Advisory Group and declared he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

6. Response to Previous Questions Taken on Notice

Nil.

7. Public Question Time

Nil.

Cr. Burgoyne left the Chamber at 4.05pm.

8. Petitions/Deputations/Presentations

Mr Trent Durward addressed Council with an update regarding the proposed Scheme Amendment No. 124 and the progress of the site.

9. Announcements by Presiding Member or CEO Without Discussion

Cr. Burgoyne entered the Chamber at 4.10pm.

This matter was dealt with at the end of the meeting, found on page 59 of the minutes.

10. Confirmation of Minutes

Ordinary Council Meeting – Tuesday, 26 May 2020

Recommendation

That the Minutes of the Council Meeting held on Tuesday, 26 May 2020, as printed be confirmed as a true and correct record.

Moved: Cr. Lovitt Seconded: Cr. Bromham That the Minutes of the Council Meeting held on Tuesday, 26 May 2020, as amended to detail Cr Dickinson as having an Impartiality Interest in Item 12.4.4 as President of the Brunswick Grounds Committee, be confirmed as a true and correct record. Carried 13-0 20/135.

6 Ordinary Council Minutes 23 June 2020

Recession Motion

That Council:

1. Councillor Bromham MOVES a motion to CHANGE the decision by deleting 3.1 and inserting 3.2;

2. In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996 as referred to in Section 5.25(e) of the Local Government Act 1995, five (5) Elected Members, namely Cr Dickinson, Cr Lovitt, Cr Coleman, Cr Jackson, Cr Campbell being one third of the number of offices of members of the Council, SUPPORT this motion to revoke or change a Council decision; and

3. in accordance with Regulation 10 of the Local Government (Administration) Regulations 1996 as referred to Section 5.25(e) of the Local Government Act 1995, Council RESOLVES BY ABSOLUTE MAJORITY to CHANGE part of the resolution adopted by the Council at its Meeting held on 26 May 2020, as shown below:

3.1 deleting:

Moved: Seconded:

That Council: 1. Awards Tender No. T042020 – Leisure Drive Carpark and Drainage to Carbone Brothers for the tender price of $169,510.29 (excluding GST); and 2. Authorises the Chief Executive Officer to prepare and sign the required contract documentation. Carried 11-0 20/100.

3.2 Inserting:

Moved: Adams Seconded: Bromham

Moved: Cr Bromham Seconded: Cr Adams That Council: 1. Cr Bromham MOVES a motion to CHANGE the decision by deleting 3.1 and inserting 3.2; 2. In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996 as referred to in Section 5.25(e) of the Local Government Act 1995, five (5) Elected Members, namely Cr Dickinson, Cr Lovitt, Cr Coleman, Cr Jackson and Cr Campbell being one third of the number of offices of members of the Council, SUPPORT this motion to revoke or change a Council decision; and

7 Ordinary Council Minutes 23 June 2020

3. In accordance with Regulation 10 of the Local Government (Administration) Regulations 1996 as referred to Section 5.25(e) of the Local Government Act 1995, Council RESOLVES BY ABSOLUTE MAJORITY to CHANGE part of the resolution adopted by the Council at its Meeting held on 26 May 2020, as shown below: Carried by Absolute Majority 13-0 20/136.

Ordinary Council Meeting – Tuesday, 28 April 2020.

Recommendation

That the Minutes of the Council Meeting held on Tuesday, 28 April 2020, as amended be confirmed as a true and correct record.

Moved: Cr Campbell Seconded: Cr Boylan That the Minutes of the Council Meeting held on Tuesday, 24 April 2020, as amended be confirmed as a true and correct record. Carried 13-0 20/137.

11. Receipt of Minutes and Recommendations from Committees

11.1 Shire of Harvey Bush Fire Advisory Committee Meeting – Monday, 18 May 2020

Recommendation

That the Minutes of Shire of Harvey Bush Fire Advisory Committee Meeting, held on Monday, 18 May 2020, as printed, be received and the recommendations contained therein be adopted by Council.

Moved: Cr Burgoyne Seconded: Cr Campbell That the Minutes of the Shire of Harvey Bush Fire Advisory Committee, held on Monday, 18 May 2020, as printed, be received and the recommendations contained therein be adopted by Council. Carried 13-0 20/138.

11.2 Shire of Harvey and Shire of Dardanup Joint Town Planning Scheme Committee – Friday, 19 June 2020

Recommendation

That the Minutes of the Shire of Harvey and Shire of Dardanup Joint Town Planning Scheme Committee, held on Friday, 19 June 2020, as printed, be received and the recommendations contained therein be adopted by Council.

Moved: Cr Jackson Seconded: Cr Beech That the Minutes of the Shire of Harvey and Shire of Dardanup Joint Town Planning Scheme Committee, held on Friday, 19 June 2020, as printed, be received and the recommendations contained therein be adopted by Council. Carried 13-0 20/139.

8 Ordinary Council Minutes 23 June 2020

12. Officer’s Reports

Shire of Harvey Standing Orders Local Law 2017 permits Council to adopt recommendations by exception resolution (en-bloc). Pursuant to Clause 5.5 of the Shire of Harvey Standing Orders Council adopt, by exception resolution, Items 12.4.1, 12.4.2, 12.4.3 and 12.5.1.

Items 12.1.1, 12.2.1, 12.3.1,12.5.2 and 12.5.3 were discussed and voted on individually.

Council Recommendation

That items 12.4.1, 12.4.2, 12.4.3 and 12.5.1 be received and the recommendations contained therein be adopted by Council.

Moved: Cr Dickinson Seconder: Cr Campbell That items 12.4.1, 12.4.2, 12.4.3 and 12.5.1 be received and the recommendations contained therein be adopted by Council. Carried 13-0 20/140.

9 Ordinary Council Minutes 23 June 2020

12. Officer’s Reports

Corporate Services

Item No. 12.4.1 Subject Listing of Accounts Paid – April 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Accountant Authorising Officer: Acting Executive Manager Finance and Corporate File No.: FMS006

Summary

Presented by way of attachment is a listing of payments for goods and services for April 2020. It is recommended that Council note the attached payments.

Background

Comment

The list of accounts paid for the period of April 2020 is presented as an attachment to this report, as summarised below.

Voucher Amount Schedule of Accounts Trust EFT 49826 $5,000.00 Municipal EFT 49538 - EFT 49969 $3,893,967.58 116982 - 116997 $24,633.07 DD20417.1 - DD20522.16 $194,925.03 CBA Credit Card $5,236.44 Electronic Funds Submitted $894,537.32 Total $5,018,299.44

Statutory/Policy Environment

Local Government (Financial Management) Regulation 1996, Regulation 13 prescribes the reporting of payments to Council.

10 Ordinary Council Minutes 23 June 2020

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:

Monitor and ensure compliance with the regulatory framework for Local Government Business.

Risk Management

Budget Implications

The payments listed above have been budgeted for in the Shire’s 2019–2020 Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council notes the above list of accounts paid for the period of April 2020 totalling $5,018,299.44.

Moved: Cr Dickinson Seconded: Cr Campbell That Council notes the above list of accounts paid for the period of April 2020 totalling $5,018,299.44. Carried 13-0 20/141.

11 Ordinary Council Minutes 23 June 2020

Corporate Services

Item No. 12.4.2 Subject: Financial Statements as at 30 April 2020 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Accountant Authorising Officer: Acting Executive Manager Finance and Corporate File No.: CC/C/062

Summary

Presented by way of attachment are the Financial Statements as at 30 April 2020.

The following key balances are provided to assist in reporting the Shire’s financial performance.

ACTUAL BUDGET VARIANCE 30 April 2020 2019 - 2020 Statement of Financial Performance Ordinary Revenue $36,884,745 $36,124,398 -$760,347 Ordinary Expenditure $34,319,145 $44,313,168 $9,994,023 Capital Revenue $5,786,639 $12,396,656 $6,610,017 Capital Expenditure $9,116,139 $17,526,329 $8,410,191 End of Period Profit / (Loss) $10,755,595

Statement of Financial Position Current Assets $46,297,868 Net Assets $484,665,693

It is recommended Council receive the Financial Statements (refer Attachment 1).

Background

In accordance with the provisions of Section 6.4 of the Local Government Act 1995, and Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, a local government is to prepare each month a Statement of Financial Activity (refer Attachment 1) reporting on the revenue and expenditure as set out in the Annual Budget under Regulations 22 (1)(d) for the month.

Comment

Any material variances are highlighted in the Statement of Financial Performance and included by way of Notes to the Statement of Financial Performance (as attached).

Attached to the Agenda is a copy of:  Statement of Financial Performance  Statement of Financial Position  Notes to the Statement of Financial Performance and Financial Position  Total Municipal Revenue and Expenditure - graph

12 Ordinary Council Minutes 23 June 2020

 Statement of Cash at Bank – Loans  Statement of Cash at Bank – Reserves  Statement of Cash at Bank – Bonds and Deposits  Statement of Cash at Bank – Trust  Current Ratio – graph  Outstanding Rates – graph  Aged Debtors Summary - graph  Current Account Coverage – graph  Statement of Investments

Statutory/Policy Environment

Section 6.4 of the Local Government Act 1995, requires financial reports to be prepared as prescribed.

Local Government (Financial Management) Regulation 1996, Regulation 34 prescribes the monthly financial reporting requirements of Council.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.3.4 states:

Monitor and ensure compliance with the regulatory framework for Local Government Business.

Risk Management

Budget Implications

Review of the monthly accounts aids in ensuring works and services are undertaken and the Shire operates within its adopted Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council receives the Financial Statements as at 30 April 2020.

Moved: Cr Dickinson Seconded: Cr Campbell That Council receives the Financial Statements as at 30 April 2020. Carried 13-0 20/142.

13 Ordinary Council Minutes 23 June 2020

Corporate Services

Item No. 12.4.3 Subject: Long Term Financial Plan 2020 – 2030 and Asset Management Plan 2020 - 2030 Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Finance Officer - Assets Authorising Officer: Acting Executive Manager Finance and Corporate File No.: FMB001

Summary

This report presents the Shire’s Long Term Financial Plan (LTFP) 2020 - 2030 and Asset Management Plan (AMP) 2020 – 2030 as part of the Integrated Planning and Reporting Framework (IPR) requirements prescribed under the Local Government Act 1995.

The LTFP highlights the income streams of the Shire as well as future financial impositions. It is a model which aids in the decision making process as to what rates and other funding sources are required to maintain the Shire’s existing services and assets as well as the provision of new services or assets.

The AMP covers the assets that serve the Shire of Harvey community’s needs. These assets include things such as transport infrastructure, playgrounds, drainage infrastructure, emergency services and recreation facilities throughout the community area. Asset management planning is a comprehensive process to ensure delivery of services from assets is provided in a financially sustainable manner.

It is recommended that the Long Term Financial Plan 2020 – 2030 (refer Attachment 1) and Asset Management Plan 2020 – 2030 (refer Attachment 2) be adopted.

Background

The LTFP is a ten year rolling plan that informs the Corporate Business Plan in the activation of Strategic Community Plan priorities. The LTFP includes operating forecasts as well as capital items fed from the Shire’s Forward Capital Works Plan and other informing strategies. The Plan is built around a number of assumptions relating to population growth, CPI increases, rates increases, utility costs increases etc. Although these assumptions are subjective and may alter from year to year, they are required to more accurately identify the Shire’s sustainability into the future.

The Department of Local Government, Sport and Cultural Industries has provided guidelines for the production of the LTFP as it forms a key document in the Integrated Planning and Reporting process.

The AMP details information about assets including actions required to provide an agreed level of service in the most cost effective manner. The plan defines the services to be provided, how the services are provided and what funds are required to provide the services.

At a meeting in April 2020, Council reviewed the LTFP. The LTFP has not been altered since that meeting which means all stimulus works whether funded by the Shire or from governments grants has not been included.

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Comment

The LTFP expresses in financial terms, the activities the Shire intends to undertake over the next 10 years to achieve the outcomes of the Shire’s Strategic Community Plan.

Some of the key purposes of the LTFP are:

 To assist in the future planning of the Shire’s financial operations in regard to key components such as rate increases, service levels to the community and infrastructure asset replacement / renewal. It also serves to guide the Shire’s financial decisions, such as loan indebtedness and internal cash reserve utilisation.

 To act as a financial barometer for future actions and encourages the Shire to think about the impact decisions made today will have on the Shire’s long-term sustainability.

 To be a medium for linking the Annual Budget to the AMP, ensuring the Shire is aware of future expenditure needs for renewal or replacement of existing assets.

The LTFP assumes that the Shire intends to maintain its existing assets in a sustainable manner. It also assumes that the Shire will continue to maintain its current service levels (including asset condition levels) and that the Shire is planning for a positive and sustainable future.

Included in the LTFP is the anticipated operating income and expenditure of the Shire plus capital expenditure and income derived from the Shire’s existing Forward Capital Works Plan.

The LTFP model is based on various assumptions one of which is indexation from one year to the next. Officers have included the most current CPI forecast from the WA Department of Treasury with CPI forecast for 2020-21 at 1.75%, 2021-22 at 2.25% and 2.50% in subsequent years.

Due to the COVID-19 virus, the assumptions in the LTFP have a level of uncertainty to them. In an effort to alleviate some of the resulting financial hardship from COVID-19, the Shire of Harvey has implemented a hardship policy, which includes a 0% increase in rates, and a 0% increase in fees and charges, along with other measures.

In accordance with the Department of Local Government, Sport and Cultural Industries guidelines, the LTFP includes a list of key assumptions including projected rates increases, population growth and CPI levels. The LTFP also includes a set of financial indicators with targets and their definitions. The attached LTFP predicts improving or satisfactory financial sustainability over the life of the Plan, with some ratios meeting advanced targets.

The Shire of Harvey Asset network comprises of Roads, Drainage, Bridges, Footpaths, Buildings and Parks and Structures. These assets have a replacement value in the AMP of $569,912,000.

The attached AMP includes the projected outlays necessary to continue to provide the services covered by those assets. The cost of operations, maintenance and renewal of existing assets over the 10 year planning period is $165,212,000 or $16,521,000 on average per year. Estimated available funding for this period is $165,212,000 or $16,521,000 on average per year, which is 100% of the cost to provide the service. This is a funding shortfall of $0 on average per year. Projected expenditure required to provide services in the AMP are included in the Shire’s LTFP.

15 Ordinary Council Minutes 23 June 2020

Statutory/Policy Environment

Local Government Act 1995, Section 5.56 – deals with planning for the future.

Local Government (Administration) Regulations 1996, Regulation 19DA (3)(c) – develop and integrate matters relating to resources, including asset management, workforce planning and long-term financial planning.

Local Government (Financial Management) Regulations 1996, Regulation 5(2)(a) – The CEO is to ensure that the resources of the local government are effectively and efficiently managed.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 4.1.1 states:

Implement the Integrated Planning and Reporting Framework including the Long Term Financial Plan, Workforce Plan, Asset Management Plan and Corporate Business Plan.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/Information. The Consequence could be Financial and Reputational should inappropriate or unrealistic assumptions be used in the LTFP model. The Risk is mitigated by reviewing annual comparative figures and comparing the document information to a base year. As such it is considered that a Low risk is present.

Budget Implications

The LTFP and AMP are tools which filters projects through to the Annual Budget and guides the Shire in the financial management and decisions it makes towards a sustainable future.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council adopts the Long Term Financial Plan 2020 – 2030 and Asset Management Plan 2020 – 2030 as attached.

Moved: Cr Dickinson Seconded: Cr Campbell That Council adopts the Long Term Financial Plan 2020 – 2030 and Asset Management Plan 2020 – 2030 as attached. Carried 13-0 20/143.

16 Ordinary Council Minutes 23 June 2020

Community Development

Item No. 12.5.1 Subject: Proposed Tourist Information Bays and Signage Strategy Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Community and Economic Development Authorising Officer: Chief Executive Officer File No.:

Summary

This report recommends that in line with the Shire’s Economic Development Strategy, quotations be invited to develop a strategy for tourist information bays and signage.

Background

A report to the Council Meeting held on 26 May 2020 put forward a draft plan to implement the Shire’s Economic Development Strategy (EDS) and Council resolved as follows:

That Council:

1. Subject to the availability of funding, endorses the draft plan as attached to implement the Shire’s Economic Development Strategy;

2. Lists for consideration of funding in its 2020-21 draft Budget an allocation of $49,000 for Economic Development activities described in this report;

3. Receives a further report at the June 2020 Council Meeting on the proposal to develop a strategy for tourist information bays and signage;

4. As part of its forthcoming budget deliberations considers the appointment of an Economic Development Officer to facilitate the delivery of the Shire’s Economic Development Strategy; and

5. Requests the Chief Executive Officer to provide an annual review and status report on the implementation of the Shire’s Economic Development Strategy.

This report responds to part 3 of Council’s resolution.

Comment

One of the important priorities included in the Shire’s EDS and scheduled to be implemented in 2020 - 2021 is Action 3.2, “Develop a strategy for tourist information bays and signage.”

This report proposes that consultant be engaged to develop a cohesive strategy for information bays and all other tourist related signage that allows the Shire to progressively develop eye-catching and informative signage that promotes the Shire as a tourist destination.

The proposed scope for the study includes:

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 Conducting an audit of existing tourist related signage across the Shire;  Consulting with the relevant Shire of Harvey staff, Harvey District Tourist Bureau, the Bunbury–Geographe Tourism Partnership, Australia’s South West, local tourist operators and Place Advisory Groups;  Providing examples of effective and eye catching Information Bays and tourist signage in other locations;  Developing a draft strategy that includes:  Consideration of existing regional branding and signage for the Bunbury-Geographe region, and proposed marketing of the South Western Highway tourism drive;  Recommended locations, design guidelines and cost estimates for Information Bays and “Iconic” signage on South Western Highway and Forrest Highway that promote the Shire as a tourist destination;  Proposed style guide for tourist attraction directional signage, way-finding and heritage walk trail signage.;  Recommended locations and proposed design guidelines for “Coming Events” signage;  Recommendations for any other tourist relate signage within the Shire.  Recommendations for removal of existing signage that is obsolete or not in keeping with the proposed strategy; and  Cost estimates for any recommended new signage.  Presenting the draft strategy to Council and incorporating any required changes prior to final adoption of the strategy.

Subject to any proposed changes to the scope of the study, it is recommended that quotations be invited for the proposed study.

Statutory/Policy Environment

Any proposed new signage on Forrest Highway and South Western Highway would require approval from Main Roads WA.

Any other proposed signage would need to comply with the Shire’s Signs policy.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 1.2.2 states:

Develop a signage, information and way-finding strategy for the whole of the Shire which is tourist friendly.

Risk Management

The Risk Theme Profile identified in relation to this item is Inadequate Engagement Practices. The Consequence could be Reputational if there is inadequate consultation with relevant stakeholders regarding the preparation the proposed tourist signage strategy. The Risk has been mitigated by including a requirement for consultation with stakeholders in developing the draft Strategy and seeking public comment prior to adoption. The Risk Consequence is considered to be Moderate and the Likelihood Unlikely resulting in a Moderate level of risk.

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Budget Implications

An allocation of $20,000 is included in the Shire’s 2019-20 Budget and will be carried forward to 2020 - 2021 for the proposed study.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council, subject to any proposed changes to the scope of the study as outlined in this report, requests the Chief Executive Officer to invite quotations and select a consultant to develop a strategy for tourist information bays and signage within the Shire.

Moved: Cr Dickinson Seconded: Cr Campbell That Council, subject to any proposed changes to the scope of the study as outlined in this report, requests the Chief Executive Officer to invite quotations and select a consultant to develop a strategy for tourist information bays and signage within the Shire. Carried 13-0 20/144

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Item No. 12.1.1 Subject: Bush Fires Act Delegations Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Acting Manager Corporate Services Authorising Officer: Chief Executive Officer File No.: CC/U/003

Summary

To present Delegations from Council to the Chief Executive Officer, Shire President and Chief Bush Fire Control Officer for the Western Australian Bush Fires Act 1954 which assigns a statutory power or duty to local government.

It is recommended that the Delegations under the Bush Fires Act 1954 (the Act) be adopted.

Background

Certain safeguards are incorporated into delegations such as limiting the use of when a delegation can be exercised.

The Bush Fires Act 1954 provides power under s.48 Delegation by local government. A delegation under this section does not include the power to sub delegate. Some specific sections of the Act delegate direct to the Shire President and the Chief Fire Control Officer.

Comment

Whilst the Shire of Harvey has in place the Bush Fires Brigade Local Law 2017 which covers some sections of the Act, and 2.3.1 Bush Fire Act Requirements v.3 and other policies relating to the Act, it has limited Delegation of powers or duties for the Act. Advice from WALGA was to review and update any current Delegations in line with the WALGA templates as the preferred format as well as the other suggested WALGA Delegations.

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It has been past practice in some local governments that the whole Act is delegated. The correct method of delegation is to provide a written Delegation for those specific sections of the Act that apply to administrative tasks of a position within the organisation. This limits the power of the person who has been given the authority, ensures they are not acting outside their authority, as well as make it quite specific around the sections of the Act that can be acted upon and the limitations of that authority. Not having a delegation increases the risk to the local government that an employee will make a decision on a matter they believe they have authority by virtue of the positon they hold. If a delegation is not in place, all administrative decisions would need to be reported to Council for a decision thus delaying decision making processes and impacting on service levels to customers.

A Delegation does not prevent the CEO from referring a matter to Council, and after the gathering of professional advice may decide a matter does require a decision of Council. Delegations are to be read within the context of the Act and decisions are to be made within the limitations placed on the use of the power under the relevant section. Part V 48(4) provides that nothing limits the ability of a local government to act through Council, members of staff or agents in the normal course of business. Delegations are supported with policies and operational procedures to ensure that due process is followed.

In relation to the Bush Fires Act, it specifically states that local government cannot sub- delegate and it is very specific about who has responsibilities for particular sections of the Act. This includes the CEO of the Authority (DFES), Chief Bush Fire Control Officer, Bush Fire Control Officer, authorised CALM officer and local government.

Unlike other Acts, this Act does not provide for an Authorised person. If it did, the Shire could appoint Rangers as an Authorised Person for the purposes of the work they do under the Bush Fires Act. Due to this exclusion, Shire Rangers are appointed as FCOs under Delegation. This is the same situation in all local government bodies who manage the Bush Fires Act.

Shire FCOs issue Permits for Harvey and Australind townsites, undertake hazard reduction and firebreak inspections and issue infringements. Shire delegated FCOs have a respectful partnership with volunteer FCOs and work with them on areas that cross-over, such as the issuing of permits. Area FCOs are the first point of contact for permits in their area. When they are not available the Shire issues the permit and provides advice to the relevant Area FCO so they have knowledge of permitted burns in their area. Area FCOs cannot issue infringements.

These Delegations do not interfere with the usual process for appointment of Volunteer FCOs who are elected through their area Annual General meeting, which is then forwarded to the Bush Fire Advisory Committee for approval.

The following Delegations have been prepared and are attached for Council consideration;

 Appoint Bush Fire Control Officer/s and Fire Weather Officer at Attachment 1;  Firebreaks at Attachment 2;  Burning garden refuse / Open air fires at Attachment 3;  Control and extinguishment of bush fires at Attachment 4;  Control of operations likely to create bush fire danger at Attachment 5;  Make request to FES Commissioner – Control of fire at Attachment 6;  Prohibited burning times – Control activities at Attachment 7;  Prohibited burning times – Vary at Attachment 8;  Restricted burning times – Vary and control activities at Attachment 9;  Withdrawal of Infringement notices at Attachment 10;

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 Prosecution of offences at Attachment 11; and  Recovery of expenses incurred through contraventions of this Act at Attachment 12.

Statutory/Policy Environment

Bush Fires Act 1954:

s.48. – Delegation by local governments (1) A local government may, in writing, delegate to its chief executive officer the performance of any of its functions under this Act. (2) Performance by the chief executive officer of a local government of a function delegated under subsection (1) – (a) is taken to be in accordance with the terms of a delegation under this section, unless the contrary is shown; and (b) is to be treated as performance by the local government. (3) A delegation under this section does not include the power to sub delegate.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.2.2 states:

Maintain, review and ensure relevance of Council’s policies and local laws.

Risk Management

Budget Implications

Nil.

Voting Requirement

Absolute Majority.

Officer’s Recommendation

That Council adopts the following Delegations:

1. Appoint Bush Fire Control Officer/s and Fire Weather Officer at Attachment 1; 2. Firebreaks at Attachment 2; 3. Burning garden refuse / Open air fires at Attachment 3; 4. Control and extinguishment of bush fires at Attachment 4; 5. Control of operations likely to create bush fire danger at Attachment 5;

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6. Make request to FES Commissioner – Control of fire at Attachment 6; 7. Prohibited burning times – Control activities at Attachment 7; 8. Prohibited burning times – Vary at Attachment 8; 9. Restricted burning times – Vary and control activities at Attachment 9; 10. Withdrawal of Infringement notices at Attachment 10; 11. Prosecution of offences at Attachment 11; and 12. Recovery of expenses incurred through contraventions of this Act at Attachment 12.

Moved: Cr Beech Seconded: Cr Adams 1. That Council adopts the following Delegations: o Appoint Bush Fire Control Officer/s and Fire Weather Officer at Attachment o Firebreaks at Attachment 2; o Burning garden refuse / Open air fires at Attachment 3; o Control and extinguishment of bush fires at Attachment 4; o Control of operations likely to create bush fire danger at Attachment 5; o Make request to FES Commissioner – Control of fire at Attachment 6; o Prohibited burning times – Control activities at Attachment 7; o Prohibited burning times – Vary at Attachment 8; o Restricted burning times – Vary and control activities at Attachment 9; o Withdrawal of Infringement notices at Attachment 10; o Prosecution of offences at Attachment 11; and o Recovery of expenses incurred through contraventions of this Act at Attachment 12 2. That Attachments 1 to 7, 9 to 10 and 12 include in the section Council Conditions of this Delegation ‘that decisions are made following consultation with qualified officers’. Carried by Absolute Majority 13-0 20/145.

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Technical Services

Item No. 12.2.1 Subject: Local Roads and Community Infrastructure Program Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Executive Manager Technical Services Authorising Officer: Chief Executive Officer File No.: SMB0006

Summary

Recognising the significant economic impact caused by the COVID-19 crisis the Australian Government has committed $500 million to the Local Roads and Community Infrastructure Program (LRCI) to support jobs, businesses and the resilience of the local economies.

As part of the program, from 1 July 2020, local governments will be able to access funding to support the delivery of projects in accordance with the LRCI funding guidelines.

This report identifies a number of projects that meet the LRCI funding guidelines and recommends that Council endorse the projects as listed in the report.

Background

Each local government will receive a share of funding under the LRCI program which has been calculated in a similar way to how the Roads to Recovery Program and the road component of the Financial Assistance Grants works. This formula takes into consideration road length and population and is based on recommendations of Local Government Grants Commissions.

Local governments can select the projects to be funded in their community according to priorities at the local level and similar to the Roads to Recovery Program, local governments will need to submit a Work Schedule that outlines the project(s) they plan to undertake.

As long as these projects are eligible local road or community infrastructure projects, they will receive funding.

Local governments will need to demonstrate that projects are additional to their pre-COVID- 19 work program for 2020 - 2021. If a project has been brought forward from a future work program it will be eligible for funding.

All project works will need to be completed by 30 June 2021 to receive their full nominal share of funding.

Comment

In accordance with the guidelines the following project categories would be eligible for funding:

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Local Road Projects

 Traffic Signs  Traffic Control equipment  Street lighting  Bridge / Tunnel  Rest Area  Road / Footpath maintenance (additional to normal capital works)

Community Infrastructure Projects

 CCTV  Bike/walking paths  Painting / improvements to community facilities  Fencing  Improved accessibility  Landscaping improvements  Picnic shelters / BBQ  Playground / skate parks  Car parking

Proposed projects

Officers recently met to determine eligible projects based on the guidelines mentioned above. The following table outlines the recommended projects:

Sub Project Estimate Category Comments Category Leisure Drive Shared Path $163,050 Community Bike/walking Department of Infrastructure paths Transport 50% Shire 50% share of funding Ridley Place Foreshore $40,000 Community CCTV Security for new Reserve - CCTV / free Infrastructure playground. WIFI Leschenault Leisure $35,000 Community Parks Stage 2 lighting Centre Park Path Lighting Infrastructure Improvements Binningup - Coastal $35,000 Community Parks Various projects, Infrastructure Infrastructure Improvements including, improving Improvements, and extending pathways, viewing platforms Brunswick Recreation $72,000 Community Parks Provision of an Ground - Additional Infrastructure Improvements additional 13 Parking parking bays on the western side of the grounds Landscaping $20,000 Community Streetscape Extend reticulation Improvements Binningup Infrastructure Improvements and improve landscaping at RAB on Binningup Road

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Verge Beautification at $57,705 Community Parks Additional Grand Entrance and Paris Infrastructure Improvements seating/shelter/BBQ Road, Australind and along Paris Road Riverdale Rd - Cookernup $30,000 Local Road Traffic safety Street Lighting St Lights Projects improvements Safety Improvements $20,000 Local Road Traffic safety Measures to Uduc/Government/Forestry Projects improvements improve safety

Safety Barrier Weir Road $45,000 Local Road Traffic control Road safety Projects equip measures to protect users of shared pathway Rest Area – South $75,000 Local Road Rest area Council approval to Western Hwy Projects proceed – no current funds allocated Road Solar Lighting – $76,000 Local Road Street lighting Council adopted Stage 2 Projects program $20,000 currently listed in 2020-2021. Additional funds required for stage 1 and 2 TOTAL $668,755

Statutory/Policy Environment

Local Government Act 1995

Section 6.8(1)(b) Unbudgeted Expenditure to be authorised in advance by Absolute Majority.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, the following strategies 1.1.6, 3.4.1 state:

Support and promote diverse and small-medium businesses Continue to monitor the needs of the community, to ensure access to appropriate services and facilities

Risk Management

The Risk Theme Profile identified as part of this report is Inadequate Asset Sustainability Practices. The Consequence could be Financial Impact and Reputational. The additional funds provided to the Shire will assist in implementing new assets therefore mitigating the financial risk and as such it is considered that a Low risk is present.

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Budget Implications

Some of the projects listed above are included in the Long Term Financial Plan and some are based on requests received from the community, outcomes of community meetings, and safety issues identified.

The value of the LRCI program allocated to the Shire of Harvey is $668,755.

Voting Requirement

Absolute Majority.

Officer’s Recommendation

That Council:

1. Notes the information on the Australian Government’s proposed Local Roads and Community Infrastructure Program, as outlined in the report; and

2. Authorises the unbudgeted expenditure of $668,755, fully funded by the Australian Government, to undertake the 12 projects listed in the report.

Absolute Majority Required

Moved: Cr Carbone Seconded: Cr Adams That Council: 1. Notes the information on the Australian Government’s proposed Local Roads and Community Infrastructure Program, as outlined in the report; and 2. Authorises the unbudgeted expenditure of $668,755, fully funded by the Australian Government, to undertake the 12 projects listed in the report. Carried by Absolute Majority 13-0 20/146.

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Development Services

Item No. 12.3.1 Subject: Review of Delegations – Planning and Building Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Manager Planning Services / Senior Planning Officer Authorising Officer: Chief Executive Officer File No.: CC/U/003

Summary

The Shire’s recent organisational review will result in changes to some Officer positions and titles. The Planning, Building and Health departments will form the Sustainable Development Directorate and Officers are undertaking reviews of all current Delegations. This report presents the outcomes of the review of the Planning and Building Delegations.

Delegations relevant to Planning and Building have been reviewed. All Delegations have been updated utilising WALGA’s Delegations Template. Delegate position titles have been updated in line with the Shire’s organisation review which will take effect from 1 July 2020.

It is recommended that Council revokes 14 existing Delegations and adopts 22 updated and amended Delegations.

Background

The following legislation provides for powers and duties to be delegated to the Chief Executive Officer and also provides powers for the Chief Executive Officer to sub-delegate some powers and duties:

Local Government Act 1995 – s.5.42 (s.5.44 to sub-delegate), s.9.10 (authorised persons) Building Act 2011 – s.127 (s.127(6A) to sub-delegate), s.96 (authorised persons) Building Regulations 2012 – r.70(2) (authorised persons) Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 – r.82 (r.83 to sub-delegate).

Comment

Planning Delegations

The current Planning Delegations (refer Attachment 1) have been extensively reviewed by Officers as detailed below:

Delegations Recommended for Revocation

The following Delegations relate to development applications and have been proposed for inclusion in an expanded Delegation 4.1.3 – Development Applications and are therefore recommend for revocation:

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 4.1.4 – Telecommunication Underground Cables;  4.1.5 – Home Occupations;  4.1.9 – Not Permitted Uses;  4.1.12 – Place of Landscape Value;  4.1.13 –Undersized Lots;  4.1.14 – Development of Land;  4.1.17 – Wind Turbines;  4.1.23 – Use Not Listed; and  4.1.24 – Reserved Land.

4.1.16 – Greater Bunbury Region Scheme This is a Delegation from the Western Australian Planning Commission direct to “local governments, and to members and officers of those local governments” and is therefore not a Council Delegation. This Delegation is therefore recommended for revocation.

Delegations Recommended for Amendment (refer Attachment 2)

Minor amendments are proposed for the following Delegations to include references to legislation in accordance with WALGA’s delegation template and update sub-delegate position titles resulting from the organisational review. The amendments will not impact on the intent and/or outcome of the Delegation.

 4.1.1 – Subdivision Clearances;  4.1.2 – Advertising of Applications;  4.1.6 – Reserve Management Orders;  4.1.7 – Subdivision/Amalgamation Applications;  4.1.8 – Modify Development Standards;  4.1.10 – s.40 Certificates;  4.1.11 – Vegetation Clearing Referrals;  4.1.15 – Road Names;  4.1.18 – s.214 Directions;  4.1.19 – Building Envelope Modification;  4.1.20 – Existing Approvals;  4.1.21 – Statutory Authority Referrals;  4.1.22 – DAP Recommendations; and  4.1.25 – Extractive Industries – Re-approval.

4.1.3 – Development Applications Minor amendments have been proposed to include references to legislation in accordance with WALGA’s delegation template and update sub-delegate position titles resulting from the organisational review. Amendments have also been proposed to incorporate Delegations 4.1.4, 4.1.5, 4.1.9, 4.1.12, 4.1.13, 4.1.14, 4.1.17, 4.1.23, 4.1.24 which all relate to development applications. The amendments will not impact on the intent and/or outcome of the Delegations.

Building Delegations

The current Building Delegations (refer Attachment 3) have been extensively reviewed by Officers as detailed below:

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4.2.2 – Building Permit Licences – Retaining Walls This Delegation allows Officers to approve retaining walls dependent on their height. The intent of this Delegation has been included in the amended Delegation 4.2.6 and is therefore recommended for revocation.

4.2.3 – Advertising Signs This Delegation allows Officers to approve applications for advertising signs. Subsequent to Local Planning Policy 4.1.15 – Advertising Signs being adopted, applications are now processed by Planning and therefore, this Delegation is recommended for revocation. A building permit will be issued under Delegation 4.2.6.

4.2.4 – Strata Titles This Delegation allows Officers to issue certificates relating to stratas. This component of the Strata Titles Act 1985 was removed when the Building Act 2011 came into force. Therefore, this Delegation is recommended for revocation.

4.2.8 – Extension of Duration of Occupancy Permit and Building This Delegation allows Officers to extend the duration of an Occupancy Permit or Building Approval Certificate. This Delegation has been included in the amended Delegation 4.2.7 and is therefore recommended for revocation.

Delegations Recommended for Amendment (refer Attachment 4)

Minor amendments are proposed for the following Delegations to include references to legislation in accordance with WALGA’s delegation template, update sub-delegate position titles resulting from the organisational review and specify the exact extent of the Delegation. The amendments will not impact on the intent and/or outcome of the Delegation.

 4.2.1 – Building Permit Licence Fees – Waived for Local Organisations;  4.2.6 – Building and Demolition Permits;  4.2.9 – Appointment of Authorised Persons; and  4.2.12 – Performance Based Solutions under Residential Design Codes.

4.2.7 – Occupancy Permits and Building Approval Certificates Minor amendments have been proposed to include references to legislation in accordance with WALGA’s delegation template, specify the exact extent of the delegation and update sub-delegate position titles resulting from the organisational review. This Delegation has also been amended to incorporate Delegation 4.2.8. The amendments will not impact on the intent and/or outcome of the Delegation.

4.2.10 – Building Orders Minor amendments have been proposed to include references to legislation in accordance with WALGA’s delegation template, specify the exact extent of the delegation. It is also proposed to change the sub-delegate to the Director Sustainable Development to ensure consistency across Departments relating to actions for non-compliance. The amendments will not impact on the intent and/or outcome of the Delegation.

4.2.11 – “Special Residential” Area – Building Materials Amendments have been proposed to include references to legislation in accordance with WALGA’s delegation template, update sub-delegate position titles resulting from the organisational review and have the delegation apply to all “Special Residential” zoned properties within the Shire. The amendments will not impact on the intent and/or outcome of the Delegation.

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Statutory/Policy Environment

Local Government Act 1995

“5.42. Delegation of some powers and duties to CEO “(1) A local government may delegate* to the CEO the exercise of any of its powers or the discharge of any of its duties under — (a) this Act other than those referred to in section 5.43; or (b) the Planning and Development Act 2005 section 214(2), (3) or (5). * Absolute majority required. (2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.”

“5.44. CEO may delegate powers and duties to other employees (1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under this Act other than this power of delegation.”

“5.45. Other matters relevant to delegations under this Division (1) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984 — (a) a delegation made under this Division has effect for the period of time specified in the delegation or where no period has been specified, indefinitely; and (b) any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority.”

Building Act 2011

“127. Delegation: special permit authorities and local governments (1) A special permit authority or a local government may delegate any of its powers or duties as a permit authority under another provision of this Act. (2) A delegation of a special permit authority’s powers or duties may be only to an employee of the special permit authority, or to an employee of one of the legal entities that comprise the special permit authority. (3) A delegation of a local government’s powers or duties may be only to a local government employee. (4) The delegation must be in writing executed by or on behalf of the delegator. (5) Except as provided for in subsection (6A), a person to whom a power or duty is delegated under this section cannot delegate that power or duty. (6A) The CEO of a local government may delegate to any other local government employee a power or duty of the local government that has been delegated to the CEO under this section but in the case of such a power or duty — (a) the CEO’s power under this subsection to delegate the exercise of that power or the discharge of that duty; and (b) the exercise of that power or the discharge of that duty by the CEO’s delegate, are subject to any conditions, qualifications, limitations or exceptions imposed by the local government on its delegation to the CEO. (6) A person exercising or performing a power or duty that has been delegated to the person under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.”

- Page 31 - Ordinary Council Minutes 23 June 2020

Planning and Development (Local Planning Schemes) Regulations 2015

Schedule 2 – Deemed provisions for local planning schemes of the Planning and Development (Local Planning Schemes) Regulations 2015 contains provisions relating to delegations. The relevant provisions are as follows:

“Part 10 – Enforcement and Administration”

“Division 2 – Delegations”

“82. Delegations by Local Government

(1) The local government may, by resolution, delegate to a committee of the local government CEO the exercise of any of the local government’s powers or the discharge of any of the local government’s duties under this Scheme other than this power of delegation. (2) A resolution referred to in subclause (1) must be by absolute majority of the Local Government of the local government. (3) The delegation must be in writing and may be general or as otherwise provided in the instrument of delegation.”

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.3.4 states:

Monitor and ensure compliance with the regulatory framework for local government business.

Risk Management

The Risk Theme Profile identified as part of this report is Failure to Fulfil Compliance Requirements. The Consequence could be Reputational or Compliance if the process for granting delegations is not followed correctly. The risk is considered Minor and the likelihood Unlikely, given that the report has been thoroughly researched, peer reviewed and provided by a qualified Council Officer. This results in a Low risk being present.

Budget Implications

Nil.

Voting Requirement

Absolute Majority

Officer’s Recommendation

That Council, pursuant to Section 5.45(1)(b) of the Local Government Act 1995:

1. Revokes the following Delegations of its powers and discharge of its duties under the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2:

4.1.4 – Telecommunication Underground Cables; 4.1.5 – Home Occupations;

- Page 32 - Ordinary Council Minutes 23 June 2020

4.1.9 – Not Permitted Uses; 4.1.12 – Place of Landscape Value; 4.1.13 –Undersized Lots; 4.1.14 – Development of Land; 4.1.16 – Greater Bunbury Region Scheme; 4.1.17 – Wind Turbines; 4.1.23 – Use Not Listed; and 4.1.24 – Reserved Land.

1. Revokes the following Delegations of its powers and discharge of its duties under the Building Act 2011 and Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2:

4.2.2 Building Permit Licences – Retaining Walls; 4.2.3 Advertising Signs; 4.2.4 Strata Titles; and 4.2.8 Extension of Duration of Occupancy Permit and Building.

2. Amends its Delegations of its powers and discharge of its duties under the Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2, Planning and Development (Development Assessment Panels) Regulations 2011, Land Administration Act 1997 and Liquor Control Act 1998 for the following matters and as detailed in Attachment 2:

4.1.1 – Subdivision Clearances; 4.1.2 – Advertising of Applications; 4.1.3 – Development Applications; 4.1.6 – Reserve Management Orders; 4.1.7 – Subdivision/Amalgamation Applications; 4.1.8 – Modify Development Standards; 4.1.10 – s.40 Certificates; 4.1.11 – Vegetation Clearing Referrals; 4.1.15 – Road Names; 4.1.18 – s.214 Directions; 4.1.19 – Building Envelope Modification; 4.1.20 – Existing Approvals; 4.1.21 – Statutory Authority Referrals; 4.1.22 – DAP Recommendations; and 4.1.25 – Extractive Industries – Re-approval.

3. Amends its Delegations of its powers and discharge of its duties under the Building Act 2011, Building Regulations 2012 and Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 for the following matters and as detailed in Attachment 4:

4.2.1 Building Permit Licence Fees – Waived for Local Organisations; 4.2.6 Building and Demolition Permits; 4.2.7 Occupancy Permits and Building Approval Certificates; 4.2.9 Appointment of Authorised Persons; 4.2.10 Building Orders; 4.2.11 “Special Residential” Area – Building Materials; and 4.2.12 Performance Based Solutions under Residential Design Codes.

Absolute Majority Required

Moved: Cr Bromham Seconded: Cr Dickinson

- Page 33 - Ordinary Council Minutes 23 June 2020

That Council, pursuant to Section 5.45(1)(b) of the Local Government Act 1995: 1. Revokes the following Delegations of its powers and discharge of its duties under the Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2: 4.1.4 – Telecommunication Underground Cables; 4.1.5 – Home Occupations; 4.1.9 – Not Permitted Uses; 4.1.12 – Place of Landscape Value; 4.1.13 –Undersized Lots; 4.1.14 – Development of Land; 4.1.16 – Greater Bunbury Region Scheme; 4.1.17 – Wind Turbines; 4.1.23 – Use Not Listed; and 4.1.24 – Reserved Land. 4. Revokes the following Delegations of its powers and discharge of its duties under the Building Act 2011 and Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2: 4.2.2 Building Permit Licences – Retaining Walls; 4.2.3 Advertising Signs; 4.2.4 Strata Titles; and 4.2.8 Extension of Duration of Occupancy Permit and Building. 5. Amends its Delegations of its powers and discharge of its duties under the Planning and Development Act 2005, Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2, Planning and Development (Development Assessment Panels) Regulations 2011, Land Administration Act 1997 and Liquor Control Act 1998 for the following matters and as detailed in Attachment 2: 4.1.1 – Subdivision Clearances; 4.1.2 – Advertising of Applications; 4.1.3 – Development Applications; 4.1.6 – Reserve Management Orders; 4.1.7 – Subdivision/Amalgamation Applications; 4.1.8 – Modify Development Standards; 4.1.10 – s.40 Certificates; 4.1.11 – Vegetation Clearing Referrals; 4.1.15 – Road Names; 4.1.18 – s.214 Directions; 4.1.19 – Building Envelope Modification; 4.1.20 – Existing Approvals; 4.1.21 – Statutory Authority Referrals; 4.1.22 – DAP Recommendations; and 4.1.25 – Extractive Industries – Re-approval. 6. Amends its Delegations of its powers and discharge of its duties under the Building Act 2011, Building Regulations 2012 and Planning and Development (Local Planning Schemes) Regulations 2015, Schedule 2 for the following matters and as detailed in Attachment 4: 4.2.1 Building Permit Licence Fees – Waived for Local Organisations; 4.2.6 Building and Demolition Permits; 4.2.7 Occupancy Permits and Building Approval Certificates; 4.2.9 Appointment of Authorised Persons; 4.2.10 Building Orders; 4.2.11 “Special Residential” Area – Building Materials; and 4.2.12 Performance Based Solutions under Residential Design Codes. Carried by Absolute Majority 13-0 20/147.

- Page 34 - Ordinary Council Minutes 23 June 2020

Community Development

Item No. 12.5.2 Harvey Recreation and Cultural Centre Advisory Group – Subject Terms of Reference Proponent: Shire of Harvey Location: Harvey Recreation and Cultural Centre Reporting Officer: Manager Community and Economic Development Authorising Officer: Chief Executive Officer File No.:

Summary

This report recommends that the Harvey Recreation and Cultural Centre Advisory Group be established and Council approve the draft Terms of Reference as attached to this report.

Background

At its meeting held on 8 October 2019 Council adopted Terms of Reference (ToR) for a number of new Advisory Groups that had been established as part of a major review of its Committee structure. Part 1 of the Terms of Reference includes general terms for all Advisory Groups and part 2 includes the role, objectives and membership which is specific to each Advisory Group.

Following consideration of a report to its meeting held on 19 November 2019 Council resolved to assume full operational responsibility for the Harvey Recreation and Cultural Centre (HRCC) commencing on 1 July 2020. Since the HRCC was first built in the 1990s it has been managed by the HRCC Management Committee which is an incorporated body under the Associations Incorporations Act 2015. The report referred to the role of Committee under the new management structure and the likelihood that its role would change to become more advisory in nature.

A plan was then developed in consultation with the HRCC Management Committee to ensure a smooth transition to the new management arrangement. One of the tasks included in the transition plan was to develop Terms of Reference for a new HRCC Advisory Group to take the place of the Management Committee. The draft Terms of Reference for the HRCC Advisory Group is presented for Council’s consideration and adoption (refer Attachment 1).

Comment

With input from the HRCC Management Committee, the draft ToR includes some minor changes from the standard ToR to reflect the historical role of the Management Committee and allow for up to eight community member to serve on the Advisory Group.

With regard to membership of the new Advisory Group, the following membership is proposed:

 Two Shire of Harvey Councillors  Shire of Harvey CEO or nominee  HRCC Manager  Up to eight community representatives

- Page 35 - Ordinary Council Minutes 23 June 2020

The current Councillor representatives on the HRCC Management Committee are Cr Beech and Cr Gillett, and Cr Boylan is the deputy.

To ensure a smooth transition to the new management structure it is recommended that all the existing community representatives on the HRCC Management Committee be appointed to the new Advisory Group by the Chief Executive Officer.

Statutory/Policy Environment

There are no legislative requirements governing Advisory Groups.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 3.4.6 states:

Continue to maintain and enhance recreation centres to service a wide range of the community

Risk management

The Risk Theme Profile identified as part of this report is Inadequate Engagement Practices. The Consequence could be Reputational if the local community did not have the opportunity to have input to the management and strategic direction of the Harvey Recreation and Cultural Centre. The risk is mitigated by the report’s recommendation to establish a new HRCC Advisory Group to allow community involvement to continue under the new management structure. The Risk Consequence is considered to be Moderate and the likelihood Unlikely, resulting in a Moderate Risk being present.

Budget Implications

Nil.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Approves the establishment of the Harvey Recreation and Cultural Centre Advisory Group and adopts the draft Terms of Reference (refer Attachment 1);

2. Appoints the following Council representatives to the Harvey Recreation and Cultural Centre Advisory Group:

Cr. ______Cr. ______Cr. ______(Deputy)

- Page 36 - Ordinary Council Minutes 23 June 2020

Moved: Cr Carbone Seconded: Cr Burgoyne That Council: 1. Approves the establishment of the Harvey Recreation and Cultural Centre Advisory Group and adopts the draft Terms of Reference (refer Attachment 1); 2. Appoints the following Council representatives to the Harvey Recreation and Cultural Centre Advisory Group: Cr Beech Cr Gillett Cr Boylan (Deputy) Carried 13-0 20/148.

Cr Jackson left the Chamber at 4.33pm.

- Page 37 - Ordinary Council Minutes 23 June 2020

Community Development

Item No. 12.5.3 Subject: Harvey District Tourist Bureau – Community Budget Submissions Proponent: Harvey District Tourist Bureau Inc. Location: Shire of Harvey Reporting Officer: Manager Community and Economic Development Authorising Officer: Chief Executive Officer File No.: A002446

Summary

This report provides information on the Harvey and District Tourist Bureau’s (HDTB) Budget Submissions and recommends that Council supports a proposal to undertake a review of the Harvey and Australind Visitor Centres to identify the role of visitor centres in the future, Key Performance Indicators and opportunities for improvement.

The report also recommends that the operational grant amounts identified in the report be listed for consideration of funding in the Shire’s 2020 - 2021 draft Budget subject to conditions.

Background

Each year as part of its annual budget process, the Shire invites Budget Submissions from community groups and organisations for activities and projects that met the needs of the community.

The closing date for receipt of the Budget Submissions was 31 March 2020 and a total of 37 submissions were received. A report to the Council Meeting held on 26 May 2020 considered 35 of the 37 submissions received and made a recommendation to Council for a number of the projects to be listed for consideration of funding in the Shire’s 2020 - 20921 Draft Budget.

Two submissions from the Harvey District Tourist Bureau Inc. (HDTB) for the Harvey Visitor Centre and the Australind Visitor Centre were not considered as part of the earlier report and are the subject of this report. A copy of the Budget Submissions for both the Harvey and Australind Visitor Centres is attached to this report (refer Attachment 1).

By way of background, a report to the Council Meeting held on 16 July 2019 considered options for the establishment of an improved Visitor Information Service at Australind and Council resolved as follows:

That Council:

1. Approves the proposal for the Harvey and Districts Tourist Bureau Inc. to use the meeting room adjacent to the main entry of the Australind Hall for the purpose of providing a visitor information service in Australind;

2. Requests the Chief Executive Officer to prepare a Management Agreement between the Shire and the Harvey and Districts Tourist Bureau Inc. for a term of two (2) years commencing 1st September 2019 and expiring 31st August 2021 that includes the following conditions:

- Page 38 - Ordinary Council Minutes 23 June 2020

a. The group holding a current Public Liability Insurance Policy with the sum insured of not less than $20 million;

b. The rent being set at $1.00 per annum payable on demand, for the term of the lease; and

c. Harvey and Districts Tourist Bureau Inc. being responsible for minor maintenance and cleaning costs associated with the Australind Hall meeting room and common areas of the Hall;

d. Approval for Harvey and Districts Tourist Bureau Inc. to locate a reception desk in the foyer area of the Australind Hall provided that it does not affect Hall users entering or exiting the Hall in any way, and can be removed if required for specific functions or events that are held in the Hall;

e. The requirement for the HDTB to prepare an annual Business Plan for approval by Council that includes key objectives, strategies and performance indicators, and demonstrates the viability of the visitor information service in Australind; and

f. All other standard terms and conditions for Shire Management Agreements.

3. Authorises the Chief Executive Officer to sign the Management Agreement document.

An allocation of $82,000 was included in the Shire’s 2019-20 Budget to establish and operate the new service, and a Management Agreement was established for an initial period of two years commencing on 1 September 2019.

The following table shows the level of funding provided to the Harvey and Australind Visitor Centres for the previous two financial years along with the requested funding for 2020 - 2021:

Description 2018-19 2019-20 2020-21 (Requested) Harvey Visitor Centre - Operating grant 65,000 78,000 105,000 - Stirlings Cottage Lease 18,182 17,760 18,182 - Gibbs Pool Amphitheatre Booking 2,000 2,000 2,000 Fee Harvey Sub Totals 85,182 97,760 125,182 Australind Visitor Centre - Establishment costs 15,000 - Operating grant 10,000 67,000 55,000

Australind Sub Totals 10,000 $82,000 $55,000 Totals 95,182 179,760 180,182

- Page 39 - Ordinary Council Minutes 23 June 2020

Comment

The following comments are made with regard to the both the Harvey and Australind submissions: Harvey Visitor Centre  The 2019-20 grant of $78,000 included $8,000 for the Digital Development project which was a one-off cost.  The submission nominates a revenue of $18,182 for the Stirlings Cottage Lease. This is a historical agreement with the Harvey District Tourist Bureau whereby the Shire pays the amount of the annual lease fee to the Visitor Centre to assist with its operating expenses. The lease fee for 2019-20 was $17,760 and the amount of the lease fee for 2020-21 is yet to be confirmed.  The requested increase in the operating grant for 2020 - 2021 includes the following additional expenses: o $13,000 in additional salaries and wages to allow the Manger to increase from 4 to 5 days per week. o $6,000 for the Centre to take over management and cleaning of the Internment Shrine. o $12,000 for advertising, website, promotions and marketing o $4,000 for events e.g. paddock to plate o $2,500 for signage o $1,500 for familiarisation tours  Year to date attendances (including the 10-week closure due to COVID-19) at the Harvey Visitor Centre for 2019-20 was 12,019 as at 9 June 2020.

Australind Visitor Centre  Prior to 2019 - 2020, a basic visitor information service was provided at Henton’s Cottage and the Shire paid an annual contribution of $10,000 to the lessee to provide that service.  The requested grant of $55,000 is a reduction of $27,000 from the 2019 - 2020 grant. The reduction in the requested grant is due to there being no establishment costs in 2020 - 2021, and the Manager’s salary being fully costed to the Harvey Visitor Centre.  The requested grant allows for the Centre to be open to the public 5 days a week, from 10am to 4pm.  All marketing and promotional costs associated with the Australind Visitor Centre are included within the Harvey Visitor Centre’s budget.  Year to date attendances (including the10 week closure due to COVID-19) at the Australind Visitor Centre for 2019 - 2020 was 401 as at 9 June 2020.

In 2018 the HDTB developed a Strategic Plan that identified its Vision, Mission and strategic objectives for the future. The upgrade of the Harvey Visitors Centre with enhancements of the internal layout and displays has also been a significant improvement and a credit to the Board and former Manager. Other activities such as the Paddock to Plate lunches, the indigenous walk trail, the digital development project and rebuilding membership have all been positive initiatives undertaken by HDTB in recent years.

2019-20 has been a difficult year for the HDTB however with the loss of the previous Manager and key Board members in 2019, and the impact of COVID-19 which required both the Harvey and Australind centres to close for a 10-week period in March 2020. Notwithstanding that, there is a requirement for all community organisations that receive grants from the Shire for various projects and activities, to deliver positive outcomes that benefit the community.

- Page 40 - Ordinary Council Minutes 23 June 2020

Whilst the overall level of requested funding for 2020 - 2021 has not increased significantly, there is a question as to whether the community is receiving good value for this investment. In the discussions that took place at the Concept Forum meeting held on 9 June 2020, there appeared to be support for undertaking an independent review to identify the role of visitor centres in the future, Key Performance Indicators and opportunities for improvement. If Council is supportive of this proposal, the estimated cost to undertake the review would be approximately $20,000.

An alternative would be to bring forward Action 3.1. from the Shire’s Economic Development Strategy to “Develop a local Tourism Development plan that build on and leverages regional tourism development strategies”, and include the review of the Harvey and Australind Visitors Centres as part of that study. If this was Council’s preferred option, a more comprehensive study would be required and the cost estimate would be approximately $40,000 - $50,000.

With regard to HDTB’s requested funding for 2020 - 2021, the following options are presented for consideration:

Option 1 – Maintain Current Service Levels

This option would be to maintain current service levels at both Harvey and Australind pending the outcome of the proposed review. Under this option the requested additional operational funding of $35,000 for Harvey would not be approved at this time and Australind would continue to operate five days per week as per the Budget Submission.

The advantage of this option is that it would allow the proposed review to be undertaken and allow Council to consider the recommendations of that review prior to making a decision on the request for additional funding.

The main disadvantages would be that there would be no funding for the additional activities referred to earlier in the report such as additional marketing, management of the Internment Shrine and increasing the Manager from four days to five days per week.

Option 2 – Reduce Funding

An option that was canvassed at the Concept Forum Meeting held on 9 June 2020 was to provide operating funding for both centres for six months pending the outcomes of the proposed review. A possible variation on this option may be to provide operational funding for the Harvey Visitor Centre for the full year, and six months for Australind subject to the outcome of the review.

The advantage of this option would be that it would allow Council to reconsider its commitment to the Harvey and Australind Visitor Centres following the proposed review without a full year’s funding being committed.

The main disadvantage of this option would be that if the Shire’s Budget only included operational funding for a six month period, it could be difficult to retain staff and there would be a possibility of the HDTB not being able to form a Board at its Annual General Meeting later in the year due to uncertainty regarding funding.

- Page 41 - Ordinary Council Minutes 23 June 2020

Option 3 – Part Increase in Operating Funding

This option would be to support a part increase in operational funding, to enable some of the requested additional activities to go ahead pending the outcomes of the proposed review. A possible scenario could be to increase the operating grant for the Harvey Visitor Centre to $80,000 which would provide some funding for marketing and promotional activities in the new financial year. Under this scenario, the total funding provided for both Harvey and Australind Visitor Centres in 2020 - 2021 would reduce by $25,422 from the previous year.

As current restrictions ease there is an opportunity for the Shire in partnership with the Harvey Districts Tourist Bureau and local and regional stakeholders to strongly promote the Shire and its many attractions initially to an intra-state audience, and potentially Australia wide within the next three to six months. This option would provide some funds to invest in targeted marketing and promotional programs over the next 12 month period.

In the past the HDTB has operated on a limited budget and has not had a specific budget for marketing. This in turn has limited its ability to undertake a higher level of marketing of the Shire.

Option 4 – Support the Requested Budget Submissions

This option would be to support HDTB’s requested Budget Submissions subject to conditions.

It would be recommended that any financial support from the Shire for the Harvey and Australind Centres be subject to the HDTB developing a Business and Marketing Plan that includes specific objectives, actions and measurable outcomes and a greater emphasis on promoting the Australind Visitor Centre service.

In summary, this report recommends that Council supports the proposal to undertake an independent review of the Harvey and Australind Visitor Centres to identify the role of visitor centres in the future, Key Performance Indicators and opportunities for improvement, and an allocation of $20,000 be listed for consideration of funding in the Shire’s 2020-21 Draft Budget for the proposed review.

Although there is a case for Option 2, the concern with this option is that it could be interpreted by HDTB and the local tourist industry that Council may not continue to support the operation of the Visitor Centres beyond the six month period. This in turn may lead to a loss of staff and potentially the HDTB may not continue. That potential outcome would be contrary to the Shire’s Strategic Community Plan which indicates support for the visitor centres and for promotion of tourism within the Shire.

On balance, it is recommended that Council supports Option 3 as outlined in this report and the following allocations be listed for consideration of funding in the Shire’s 2020 - 2021 Draft Budget:

- Page 42 - Ordinary Council Minutes 23 June 2020

Description 2020-21 2020-21 (Requested) (Recommended) Harvey Visitor Centre - Operating grant 79,000 70,000 - Marketing & signage 20,000 10,000 - Shrine management 6,000 0 - Stirlings Cottage Lease 18,182 17,760 - Gibbs Pool Amphitheatre Booking 2,000 2,000 Fee Harvey Sub Totals 125,182 $99,760 Australind Visitor Centre - Operating grant 55,000 $55,000 Australind Sub Totals $55,000 $55,000 Totals 180,182 154,760

Should Council be supportive of this option, it would be recommended that the funding be subject to the following conditions:

1. The HDTB developing a Business and Marketing plan for the Harvey and Australind Visitor Information Centres by 31 August 2020 that includes specific objectives, actions and measurable outcomes, and a greater emphasis on promoting the Australind Visitor Centre service; and

2. The HDTB providing a quarterly report to the Shire on its activities for the previous quarter, and planned activities for the next quarter.

Statutory/Policy Environment

Council’s Tourism Policy 3.2.1 includes objectives and guidelines for promotion and development of tourism within the Shire.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027, Strategy 1.2.1 states:

Support local tourism organisations including the Harvey Visitors Centre and the Australind Information Service to achieve a coordinated approach to Tourism.

Risk Management

The Risk Theme Profile identified in relation to this item is Providing Inadequate Advice/Information. The Consequence could be Reputational if Council wished to discontinue or reduce its support for the operation of Visitor Centres at Harvey and Australind. The Risk has been mitigated by the Officer’s recommendation to list the requested allocations for consideration of funding in the Shire’s 2020 - 2021 draft Budget. The Risk Consequence is considered to be Moderate and the Likelihood Unlikely resulting in a Moderate level of risk.

- Page 43 - Ordinary Council Minutes 23 June 2020

Budget Implications

This report recommends that the HDTB’s requested funding for the operation of the Harvey Visitors Centre ($105,000) and the Australind Visitors Centre be listed for consideration of funding in the Shire’s 2020 - 2021 Draft Budget.

Voting Requirement

Simple Majority.

Officer’s Recommendation

That Council:

1. Supports the proposal to undertake an independent review of the Harvey and Australind Visitor Centres to be completed by 30 November 2020 and an allocation of $20,000 be listed for consideration of funding in the Shire’s 2020 - 2021 draft Budget for the proposed review;

2. Lists for consideration of funding in its 2020 - 2021 draft Budget the Harvey District Tourist Bureau’s (HDTB) the following funding allocations for the operation of the Harvey and Australind Visitor Centres:

Australind Sub Totals $55,000 $55,000 Totals 180,182 154,760

3. Approves the following conditions of funding for the Harvey Districts Tourist Bureau Inc. for 2020 - 2021:

a) The HDTB developing a Business and Marketing plan for the Harvey and Australind Visitor Information Centres by 31 August 2020 that includes specific objectives, actions and measurable outcomes, and an equal emphasis on promoting the Australind and Harvey Visitor Information services; and

b) The HDTB providing a quarterly report to the Shire on its activities for the previous quarter, and planned activities for the next quarter.

- Page 44 - Ordinary Council Minutes 23 June 2020

Alternate Motion

Moved: Cr Campbell Seconded: Cr Bromham

That Council:

1. Lists for consideration of funding in its 2020 - 2021 draft Budget the Harvey District Tourist Bureau’s (HDTB) the following funding allocations for the operation of the Harvey and Australind Visitor Centres:

Description 2020 - 2021 2020 - 2021 (Requested) (Recommended) Harvey Visitor Centre - Operating grant 79,000 70,000 - Marketing & signage 20,000 10,000 - Shrine management 6,000 6,000 - Stirlings Cottage Lease 18,182 17,760 - Gibbs Pool Amphitheatre Booking 2,000 2,000 Fee Harvey Sub Totals 125,182 105,760 Australind Visitor Centre - Operating grant 55,000 0

Australind Sub Totals 55,000 0 Totals $180,182 $105,760

2. Approves the following conditions of funding for the Harvey Districts Tourist Bureau Inc. for 2020 - 2021:

c) The HDTB developing a Business and Marketing plan for the Harvey Visitor Centre by 31 August 2020 that includes specific objectives, actions and measurable outcomes;

d) The HDTB providing a quarterly report to the Shire on its activities for the previous quarter, and planned activities for the next quarter; and

e) A Memorandum of Understanding being established between the Shire of Harvey and the Harvey District Tourist Bureau Inc. for the ongoing management and cleaning of the Harvey Internment Shrine and Holding Cells.

3. Lists for consideration of funding in its 2020 - 2021 draft Budget an allocation of $40,000 for Action 3.1 of the Shire’s Economic Development Strategy to “Develop a local Tourism Development Plan” to be completed by 28 February 2021 and include a review of the Harvey Visitors Centre.

4. Requests the Chief Executive Officer to investigate alternative locations for a small scale Australind Visitor Information Service and a further report be presented to the July 2020 Council Meeting on this matter. Tie Vote: 6-6 Lost on Casting Vote 6-7

- Page 45 - Ordinary Council Minutes 23 June 2020

Alternate Motion

Moved: Cr Adams Seconded: Cr Coleman

That Council:

Description 2020 - 2021 (Requested) Harvey Visitor Centre - Operating grant 79,000 - Marketing & signage 20,000 - Shrine management 6,000 - Stirlings Cottage Lease 18,182 - Gibbs Pool Amphitheatre Booking 2,000 Fee Harvey Sub Totals 125,182 Australind Visitor Centre - Operating grant 55,000

Australind Sub Totals $55,000 Totals 180,182

3. Approves the following conditions of funding for the Harvey Districts Tourist Bureau Inc. for 2020 - 2021:

a) The HDTB developing a Business and Marketing plan promoting tourism in the Shire of Harvey by 31st August 2020, which will include specific objectives, actions and measurable outcomes. This plan will recognize and highlight the opportunities for promoting tourism throughout the various locations in the Shire including the management and upkeep of the Shrine.

b) The HDTB providing a quarterly report to the Shire on its activities for the previous quarter, and planned activities for the next quarter.

- Page 46 - Ordinary Council Minutes 23 June 2020

Amendment to the Alternate Motion

Moved: Cr Campbell Seconded: Cr Bromham That Council replace point 1. Supports the proposal to undertake an independent review of the Harvey and Australind Visitor Centres to be completed by 30 November 2020 and an allocation of $20,000 be listed for consideration of funding in the Shire’s 2020 - 2021 draft Budget for the proposed review; with Lists for consideration of funding in its 2020 - 2021 draft Budget an allocation of $40,000 for Action 3.1 of the Shire’s Economic Development Strategy to “Develop a local Tourism Development Plan” to be completed by 28 February 2021 and include a review of the Harvey Visitors Centre. Carried 12-0 20/149.

Substantive Motion

That Council:

1. Lists for consideration of funding in its 2020 - 2021 draft Budget an allocation of $40,000 for Action 3.1 of the Shire’s Economic Development Strategy to “Develop a local Tourism Development Plan” to be completed by 28 February 2021 and include a review of the Harvey Visitors Centre.

Australind Sub Totals $55,000 Totals 180,182

- Page 47 - Ordinary Council Minutes 23 June 2020

3. Approves the following conditions of funding for the Harvey Districts Tourist Bureau Inc. for 2020 - 2021:

a) The HDTB developing a Business and Marketing plan promoting tourism in the Shire of Harvey by 31st August 2020, which will include specific objectives, actions and measurable outcomes. This plan will recognize and highlight the opportunities for promoting tourism throughout the various locations in the shire. including the management and upkeep of the Shrine.

b) The HDTB providing a quarterly report to the Shire on its activities for the previous quarter, and planned activities for the next quarter.

Reason: The change to the Officers Recommendation is due to Council being of the view that the Harvey and Australind Visitor Centres require the requested level of funding to provide their services.

Carried 12-0 20/150. Cr Jackson entered the Chamber at 5.28pm.

- Page 48 - Ordinary Council Minutes 23 June 2020

13. Elected Members Motions of Which Previous Notice Has Been Given

20/106 Moved: Cr Bromham Seconded: Cr Lovitt – The Shire of Harvey develops a Facebook page to assist in communicating broadly with its community by 30 June 2020.

Procedural Motion

Moved: Cr Beech Seconded Cr Burgoyne Councillor Beech put forward the following Procedural Motion:

That this debate be adjourned until the full Council meeting to be held on Tuesday 23 June 2020.

Officer’s Comments

Background

On 24 April Cr Bromham provided for distribution to Coucillors, a Power Point presentation with the question ‘Should we have a Facebook Page?’. It highlighted that all Shire’s in the South West have a Facebook page. It was felt by Cr Bromham that a Facebook page for the Shire of Harvey would provide an avenue to engage with a broad base of people within the Shire, and outside of its borders, and that the advantages would outweigh the disadvantages.

Feedback from Councillors regarding a Facebook page is summarised below:

 Local governments generally have been using Facebook since the first one was established by Brisbane Council in January 2011;  An independent report concluded the benefits to LGA using this medium were many with benefits for both the residents, with improved communications, and the council, with collection of data;  WALGA have a communication and social media template policy on their website as well as guidelines to follow;  The Shire has used Facebook previously on a staff personal level for distribution of information during the Yarloop Fires and found this as an efficient method to reach the community;  Facebook is an effective tool for those who use it;  Not everyone in the Shire is a Facebook user;  Facebook would reach the younger population who are higher users and the less connected people could be overlooked if just using Facebook as a communication tool;  Any Facebook page should go hand-in-hand with a well-developed website that provides options for comments and feedback;  Responding to social media posts is time consuming and operates on a 24 hour cycle and not within standard business hours;  The site needs to be managed by staff. What resources this will be required and the financial impact will need to be considered; and  The site needs to be managed as a professional business organisation.

- Page 49 - Ordinary Council Minutes 23 June 2020

Marketing and Communications Officer

It was recognised in 2019 that the Shire of Harvey could be greatly assisted in their communication with their residents and the promotion of the organisation by having a dedicated Marketing and Communications Officer. This objective was realised when the position was filled in March 2019.

Over the last fourteen months there have been a number of achievements aimed at increasing the professional presentation of the Shire and increasing communication opportunities. These were selected as effective yet fast gains that could be undertaken within budget and resources. The key areas of development are:

 Style guide and brand identity;  Increased communication;  Instagram account established; and.  COVID-19 response.

Style guide and brand identity

The main project to date has been establishing and implementing a style guide for the Shire of Harvey. This was implemented along with a rebrand including a new logo to create consistency across the Shire’s communications. The outcome is a vibrant colour palette to be used across all internal and external communications. The brand roll-out included a suite of electronic templates which has created consistency and a professional approach to Shire communications.

The style guide was the first of its kind for the organisation and it includes Shire fonts, guidelines for publications, a writing style guide and brand colours. These create a clear guide to work from and establish a clear identity for residents and visitors to identify the Shire.

The new brand identity implementation has been undertaken by the Marketing and Communications Officer across the 4 o’clock report, public documents, online platforms and all electronic mediums. Staff across the organisation have been working to implement the new branding to signage, hard copy documentation including internal documents such as employee Position Descriptions and procedures, publicity materials, uniforms and vehicles. The new brand identity is being rolled out in line with current budget constraints. An example of this is the upgrade of the Shire of Harvey website which is currently underway and will carry the new branding.

Increased communication

There has been an overall increase in the way the Shire communicates in the past year through more postings on the website, the creation of an Instagram account, a more engaging Weekly Updates (formally known as For your info). Along with the rebranding of the 4 o’clock report, it has been repurposed to provide an array of up-do-date information. There is an increase in the number of articles in newspapers which are also shared on social media and online. The Shire has had monthly radio interviews with ABC South West recapping the Council meetings and other topical items. In addition, GWN7 have been engaged for major events and projects.

- Page 50 - Ordinary Council Minutes 23 June 2020

Instagram

Facebook purchased Instagram in 2012 and recent statistics identify that 47% of Facebook users also use Instagram. Research indicates that while Facebook is a good social media platform for disseminating information and has twice the user base as Instagram, Instagram attracts the younger demographic with a much higher engagement rate. Across the two platforms, the median engagement rate for each post on Instagram is 1.60% compared to 0.09% for each post on Facebook. Facebook is an informational tool and Instagram is about capturing moments and engaging users, which is why it is a popular tool for effectively building brand and gaining popularity.

As the Shire was building its brand identity, it was a deliberate decision to choose Instagram over Facebook as the first social media tool for the organisation, given the limited resources available. The Shire of Harvey Instagram account was set up in April 2019. As a photo- sharing app, it has provided successful visual storytelling about what the Shire is doing.

As it is visually based, there is less time required to manage responses to the site as feedback is at the positive end of the scale. The Shire has used Instagram to target residents in the Shire and inform them about specific projects and initiatives, along with general updates. It is also used as the first social media tool to drive traffic to the Shires’ website.

The Shire’s Instagram account has 1,116 followers as at 8 June 2020, with an average of eight new followers per week from across the Shire and the state. Each post is currently reaching on average 775 accounts and around 140 interactions. The Shire has approximately 4,400 impressions which is the number of times a post from the Shire’s page has been displayed.

COVID-19 response

Since the announcement of the COVID-19 State of Emergency, the Marketing and Communications Officer has been heavily involved in the Shire’s message response both internally and externally. Some of these activities include:

 Updating the current website to include a Response area which holds important information and relevant links for the community;  Working with Libraries and Recreation facilities around their messaging regarding the closure of their facilities and restart of programs;  Working with other staff around messaging regarding the closure of other facilities and reopening of playground equipment, halls etc;  Assisting staff in establishing new methods of connecting with community eg Library Story Time online.  Promoting community connection activities designed to keep the Shire in touch with our communities as a result of the epidemic;  Designing promotional material around community connection activities eg postcards; and  Designing signage related to COVID-19 for facilities.

- Page 51 - Ordinary Council Minutes 23 June 2020

Shire of Harvey website

A major project which has recently commenced and is being managed by the Marketing and Communications Officer is the rebuild of the Shire of Harvey website carrying the new branding style. With an informative and engaging website residents will be able to find information they are looking for more easily, submit feedback forms and feel more connected to what the Shire is doing.

The new site will be visually attractive, engaging with regular posted items, easy to access information and a ‘have your say’ imbedded application or something similar. Having an updated platform will enable the addition of extra features as they are identified to increase on-line services and interaction. It will also enable any changes to be undertaken in-house by staff rather than paying an external party for changes, which is the case with the current website.

Building the site requires a lot of resources with representatives from each Business Unit currently participating. This includes providing feedback on the structure, reviewing content on the current site, updating forms which can be converted to an electronic format for easier use rather than paper based and identifying and preparing new content which needs to be included. Directorate representatives will then be trained for maintaining their section of the website for ongoing management. The target is to have the new website go live by December 2020.

Communications strategy

The steps to date have been to focus on making as much of an impact as possible with the Shire’s image, marketing and communications and within the current resources and budget. Moving forward, however, it is important that we are guided by a Communications strategy to ensure we are using our resources with a planned approach rather than reactively.

Developing a Communications strategy will provide a roadmap for Shire-wide communication, placing the community at the forefront of the Shire’s planning and development. The strategy has four major components; communication goals, target audience, communication plan and channels.

The strategy will inform who is responsible, how many hours are dedicated to each area, the cost involved and the timeframe for when actions are to be implemented. Each communication channel requires a different audience and it is important to know who these audiences are, and how they want to receive information. The only way to do this is to consult with the community and build a strategy based on what they want.

A strategy will help the Shire:

 Define the target audiences;  Choose communication avenues/channels;  Have a researched strategy to best complement and maximise each communication channel (social media);  Identify the best off-line marketing tools to complement on-line communication tools;  Plan and launch communication channels and information; and  Monitor and measure the communication channels to develop ways to better communicate.

- Page 52 - Ordinary Council Minutes 23 June 2020

Maintaining a steady schedule of engaging and valuable content is a constant challenge for many local governments and it is important to have a strategy to support this. This will enable the growth of the page audience and the community’s trust in the Shire before launching into creating a page without a strategy behind it.

Developing a Communications strategy is included in the 2020 – 2021 Business Plan. It is proposed to undertake this work in-house with an amount included in the 2020 – 2021 draft Budget for engagement activities.

Facebook

The key to a successful Facebook page is updating the site regularly with useful and interactive content. One of the disadvantages for business with having a Facebook page is having to spend time and resources to maintain the Facebook business page. Setting up a Facebook page does not mean people will automatically follow the site. Not posting regularly to the Facebook page reflects badly on the business and the site will lose buy in from followers.

Facebook sites are managed in a number of different ways across local government, depending on staffing and the page rules that are implemented. Most articles on managing a business Facebook site highlight that you need to actively promote the page, have dedicated staff who can post content, monitor and respond to posts on a regular basis and have a budget to be effective with Facebook paid advertising where posts can be optimised.

Given the higher written interaction with Facebook v Instagram, the following needs to be considered if aiming for a successful and effective Facebook site:

 Ability to have a roster of staff, which includes coverage outside normal business hours, who will monitor comments and feel confident to respond to them;  Ability to have a number of staff trained to use the page and clear user rules situated on the page around user interaction;  Investigate third party apps that can help manage the Facebook page. These can also accommodate a range of different features within the page;  Have a clear content strategy for the page. Identifying the right content will also help in managing the page;  Maintain a steady schedule of engagement. Valuable content is also key to managing a page; and  A strategy behind the page as it is a two-way communications / customer service and marketing channel.

The Shire of Murray was contacted to determine the resources they have in communications and marketing including social media, at both the Shire’s of Murray and Waroona. At the Shire of Murray, they currently have two full-time Communications and Marketing officers. At the Shire of Waroona, the Facebook page is currently managed by both the CEO and the Executive Assistant of the CEO. The Shire of Murray are planning a review of the workload and the resources required across both organisations.

The Shire of Harvey currently has one FTE undertaking communications and marketing which includes managing one social media platform. Introducing another social media platform will require additional resourcing for driving site content across all platforms as well as staff trained in protocols to respond to Facebook comments.

- Page 53 - Ordinary Council Minutes 23 June 2020

Facebook operates on a 24 hour cycle and damaging comments cannot be left unattended outside of normal work hours. The level of engagement with the community will determine the amount of time spent on responding with any available time focussed on content and marketing.

This would ensure the page was being managed and monitored in the best interests of the Shire. Additional funds will need to be allocated to each Directorate for digital spend that can be used to focus on boosting posts and creating ad campaigns through Facebook for specific and relevant Directorate information and communication, to expand reach and gain new followers.

The level of resources required to manage a site goes hand-in-hand with the level of engagement by the community and the way the page is set up. The outcome of the Communications strategy, however, will more clearly define what actions across communications and marketing are to be implemented and the resources required to do this successfully.

When the time comes to launch a Facebook page, there will need to be a budget allocated for a publicity campaign to promote the page so that residents are aware of its existence.

Local Government Facebook followers

Local Government Population* Followers % Pop’ Shire Augusta-Margaret River 14,260 1,958 13.73 City of Bunbury 31,920 17,394 54.49 City of Busselton 36,690 5,966 16.26 Shire B’town/Greenbushes 4,660 1,723 36.97 Shire of Capel 17,120 2,685 15.68 Shire of Collie 8,798 3,071 34.90 Shire of Dardanup 14,030 3,589 25.58 Shire of Donybrook/Ballingup 5,870 991 16.88 Shire of Nannup 1,328 275 20.70 Shire of Manjimup 9,250 3,335 36.05 Shire of Murray 16,700 4,622 27.67 Shire of Waroona 4,650 779 16.75

*Note1: Populations figure 2016 Note 2: No research was undertaken on how long each LG has had their site

Officer Recommendation

That: 1. A Facebook page be considered as part of the development of the Communications strategy to be finalised during 2020 – 2021. 2. The financial impacts of implementing the strategies of the Communications strategy to be reported to Council for their consideration

- Page 54 - Ordinary Council Minutes 23 June 2020

Alternate Motion

Moved: Cr Bromham Seconded: Cr Lovitt That Council: 1. Considers a Facebook page as part of the development of a Communications Strategy to be finalised during 2020 - 2021; 2. Requests that the Communication Strategy notes the Shire of Harvey’s commitment to inclusiveness for educational, feedback, promotional purposes, and disability and inclusion requirements; 3. Considers the financial impacts of implementing the strategies of the Communications Strategy to be reported to Council for their consideration; 4. Requests the Chief Executive Officer to regularly report to Council on the progress of the Communications Strategy; and 5. Requests the Chief Executive Officer to complete the Communications Strategy and implement the recommended communication platforms within the resources provided by Council as part of the 2020 - 2021 Budget. Carried 7-6 20/151.

14. Notice of Motion for Following Meeting

Nil.

15. Questions by Members of Which Due Notice Has Been Given

Nil.

16. Reports of Members

Cr Beech reported on his attendance at the following:

 Harvey Community Resource Centre electronic meeting  Brunswick River Cottages meeting  Harvey Recreation and Cultural Centre meeting  Harvey Community Resource Centre electronic meeting  Harvey Community Hub workshop  Joint Town Planning Scheme Committee meeting  Waroona Community Consultive Network Committee

Cr Dickinson reported on her attendance at the following:

 Uduc Progress Association meeting  Yarloop Place Advisory Group meeting

Cr Campbell reported on her attendance at the following:

 Morrissey Homestead Inc. Electronic meeting  Lot 208 Youth Inc. Board of Management meeting

Cr Coleman reported on her attendance at the following:

 Senior Citizens committee meeting  Cookernup Association Hall meeting with Shire President Paul Gillett

- Page 55 - Ordinary Council Minutes 23 June 2020

17. Seal Register

Officer’s Recommendation:

That Council: 1. Notes the use of the Common Seal under Delegated Authority (1.1.1) in accordance with Council Policy (1.1.2) on the following items: Prepared By  Section 70A – Lotsd 55-59 on Deposited plan McMullen Nolan 418858 – Roelands Development Pty Ltd and Group Pty Ltd Shire of Harvey – Boundary cut drains located on the property shall be maintained in integrity and remain free of obstructions. Boundary cut off drain may be utilized by stormwater flow from upstream properties. The flow shall be accommodated and permitted to utilize the boundary cut off drain and transfer to the road reserve or a further downstream lot.

2. Notes the use of the Common Seal on items previously authorised by Council as follow: Prepared By  Section 70A – Lot 9001 on Deposited Plan Edenlife 405423 – Edenlife Communities Pty Ltd and Shire Communities Pty of Harvey – At least one occupant per site shall Ltd be 50 years or older or is the surviving partner of such person on the lease.

Moved: Cr Lovitt Seconded: Cr Jackson That Council: 1. Notes the use of the Common Seal under Delegated Authority (1.1.1) in accordance with Council Policy (1.1.2) on the following items: Prepared By  Section 70A – Lotsd 55-59 on Deposited plan McMullen Nolan 418858 – Roelands Development Pty Ltd and Group Pty Ltd Shire of Harvey – Boundary cut drains located on the property shall be maintained in integrity and remain free of obstructions. Boundary cut off drain may be utilized by stormwater flow from upstream properties. The flow shall be accommodated and permitted to utilize the boundary cut off drain and transfer to the road reserve or a further downstream lot. 2. Notes the use of the Common Seal on items previously authorised by Council as follow: Prepared By  Section 70A – Lot 9001 on Deposited Plan Edenlife 405423 – Edenlife Communities Pty Ltd and Communities Pty Shire of Harvey – At least one occupant per Ltd site shall be 50 years or older or is the surviving partner of such person on the lease. Carried 13-0 20/152.

- Page 56 - Ordinary Council Minutes 23 June 2020

18. New Business of an Urgent Nature Introduced by Decision of Meeting

That Council accepts new business of an urgent nature to the meeting being Officers report 18.1.

Moved: Cr Dickinson Seconded: Cr Beech That Council accepts new business of an urgent nature to the meeting being Officers report 18.1. Carried 13-0 20/153.

Item No. 18.1 Subject: Harvey Community Hub – Master Plan Development Proponent: Shire of Harvey Location: Harvey Reporting Officer: Manager, Special Projects Authorising Officer: Chief Executive Officer File No.: B000158

Summary

In response to the workshop facilitated by an independent consultant held on Thursday,18 June 2020, a revised Expression of Interest (EOI) document associated with the Harvey Community Hub is presented to Council for endorsement.

It is understood the revised EOI addresses the issues raised by Councillors and retains the two-part process of shortlisting appropriate consultancy teams, then pursuing a more exacting process and cost to assist Council in developing a Master Plan for the Community Hub.

Background

A report presented to the Council at its Meeting held on 24 January 2012 identified that a number of community services and groups operate from various premises in the Harvey Town Centre, mostly from single purpose buildings, many of which are not fit for purpose. While the population growth over the last 20 years has escalated in the Shire, mostly within the coastal areas, the facilities in the town of Harvey have aged to the extent where they are in urgent need of replacing and regeneration.

A “Supply and Demand Report” was completed in 2015, recommended the development of the Library as a priority, being part of a multi-purpose community facility, co-locating with the other community and civic facilities in a new building. A series of unforeseen events prevented this development from proceeding.

The redevelopment of the Community and Civic Precinct is being progressed in the Town of Harvey in response to the Community requests. A briefing and update was given at the Council Forum in February 2020 where Shire officers were instructed to hold a workshop on the EOI document with the Councillors prior to advertising publicly.

The Workshop to discuss the development was facilitated by an independent consultant on Thursday, 18 June 2020.

- Page 57 - Ordinary Council Minutes 23 June 2020

Comment

The Scope:

The EOI (Attachment 1) has been amended to incorporate comments made at the workshop; i.e. remove references to a Café Playground and the Department of Education heritage classrooms. Further narrative regarding open space connectivity, heritage, in- door/outdoor connections and pedestrian links have been added.

Discussion:

While it is acknowledged that a high proportion of the population of the Shire of Harvey is based in the southwest coastal area, it was a decided at the workshop that:  A Master Plan would be procured;  A further Council workshop would be held for input regarding scale of development, and other design issues;  Extensive community workshops are to be held thereafter; and  A finalised Master Plan with estimates will be developed.

Statutory/Policy Environment

Nil.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 – 2027:

Strategy 2.1.1 states: Encourage the preservation of significant heritage properties and precincts within the Shire.

Strategy 3.3.1 states: Continue to provide facilities and support community groups including art, heritage and cultural groups.

Strategy 3.4.4 states: Develop the Harvey Community Precinct Study

Risk Management

The Risk Theme Profile identified as part of this report is Failure to provide a Master Plan, The Consequence could be Reputational if the Community expectation has not been addressed. The risk is mitigated by 1. Extensive community consultation, already completed in 2019 and 2020; 2. Extensive workshopping of the Master Plan with Councillors to determine needs, scale of development and expenditure of budget; 3. Extensive community consultations through workshops to be held once an approved Master Plan is procured; and

The risk is considered Low and the likelihood Unlikely, given that the further development of the Master Plan has included feedback from both community and Council. This results in a Low risk being present.

- Page 58 - Ordinary Council Minutes 23 June 2020

Budget Implications

Funds of $200,000 have been allocated in the 2019-20 Budget for the procurement of the Master Plan.

An amount of $18,000,000 has been included for consideration in the Shire’s Forward Capital Works Plan for the building development. Development funding will be revised and discussed once a Master Plan of the approved scale and cost has been developed; i.e. by sale of surplus land, grant funding, loans and donations, including reserve funding.

Voting Requirements

Simple Majority.

Officer’s Recommendation

That Council:

1. Endorses the procurement of a Master Plan for the Development of the Harvey Community Hub; and

2. Notes that the extent and scale of the development will be further determined once a Master Plan has been developed.

Moved: Cr Bromham Seconded: Cr Dickinson That Council: 1. Endorses the procurement of a Master Plan for the Development of the Harvey Community Hub; and 2. Notes that the extent and scale of the development will be further determined once a Master Plan has been developed. Carried 12-1 20/154.

19. Matters Behind Closed Doors

Nil.

9. Announcements by Presiding Member or CEO Without Discussion

The Shire President made the following announcement.

I attended a luncheon at the Leschenault Leisure Centre, organised by staff of the centre to thank the CEO for keeping all staff employed during this time of COVID-19. They were extremely grateful for the support of not only Annie as CEO but Council and wanted that message relayed back to every Councillor.

Annie was presented a lovely bunch of flowers and chocolates but as I was riding shotgun Annie missed out on the chocolates so I thought I would repay the favour, although I think the ones I got were a little bit better.

- Page 59 - Ordinary Council Minutes 23 June 2020

On behalf of Council I would like to extend a thank you to all of the staff in the Harvey Shire, it has been a very challenging time for everyone in the community and for all our staff who have played a major role in providing some form of normality and the wonderful customer service, helping with meals on wheels, taking on new tasks within the organisation. Throw in a couple storms for the outside crew, improvements to the rec centres that haven’t been seen for a number of years which were brought forward and our libraries for their fantastic operations.

From all of us as Council, to all of our staff, a huge thankyou and we take our hats off to you. Thank you very much.

20. Closure of Meeting

There being no further business to discus, the meeting was declared closed at 5.56pm.

I, Cr. Paul Gillett certify that the aforesaid Minutes of the meeting held on Tuesday, 23 June 2020 are a true and correct record of that meeting on Tuesday, 23 June 2020.

______

Cr Paul Gillett Shire President

- Page 60 -

Special Council Meeting Minutes

Harvey Council Chamber Tuesday, 7 July 2020 4pm

Special Council Minutes 7 July 2020

Shire of Harvey Special Council Minutes

Minutes of the Special Meeting of the Harvey Shire Council, held in the Council Chamber, Young Street Harvey, on Tuesday, 7 July 2020 commencing at 4pm.

Attendance

Deputy Shire President Cr. F. Burgoyne Cr. B. Adams Cr. P. Beech Cr. M. Boylan (4.10pm – 6.39pm) Cr. J. Bromham Cr. M. Campbell Cr. C. Carbone Cr. R. Coleman Cr. W. Dickinson Cr. T. Jackson (4.02pm – 6.37pm) (6.38pm – 6.39pm)

Staff

Chief Executive Officer Ms. A. Riordan Director Corporate Services Mr. D. Winter Director Infrastructure Services Mr. R. Lotznicker Director Sustainable Development Mr. S. Hall Acting Manager Corporate Services Ms. V. Small Manager Building Mr. M. Stewart Manager Planning Mrs. E. Edwards Manager Place Mr. P. Quinlivan Manager Finance Ms. L. Davies Manager Waste and Safety Services Mr. H. Jones Agenda and Minutes Officer Ms. K. Hough

- Page 2 - Special Council Minutes 7 July 2020

1. Official Opening

The Deputy Shire President opened the meeting at 4.02pm

2. Record of Apologies and Leave of Absence

Apologies

Cr. Lovitt Cr. Simpson

Leave of Absence

Cr. Gillett

3. Declarations of Members’ and Officers’ Personal Interest

Cr. Coleman declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Job 70246. Cr. Coleman advised that she is a member of the Harvey Rotary Club of Harvey. Cr. Coleman declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Coleman declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 114302. Cr. Coleman advised that she is President of the Harvey Bowling Club and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Coleman declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Job 70241. Cr Coleman advised that she is a Council delegate on the Harvey Senior Citizens committee and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Jackson declared a Financial Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Accounts 132102 and 132104. Cr. Jackson advised that she is a member of the Harvey District Tourist Bureau and declared she would leave the Chamber for the duration of the item.

Cr. Jackson declared a Financial Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 132146. Cr. Jackson advised that she has a tourism business registered in the Harvey Shire. Cr. Jackson declared she would leave the Chamber for the duration of the item.

Cr. Jackson declared a Financial Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 132132. Cr. Jackson advised that she has a tourism business registered in the Harvey Shire. Cr. Jackson declared she would leave the chamber for the duration of the item.

Cr. Jackson declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 132145. Cr. Jackson advised that she has a tourism business registered in the Harvey Shire and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

- Page 3 - Special Council Minutes 7 July 2020

Cr. Jackson declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 116107. Cr. Jackson advised that she is a member of lease of Harvey Art Gallery and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Jackson declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 116302. Cr. Jackson advised that she is a member of the Harvey Art Society managing the Harvey Art Prize. Cr Jackson declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Jackson declared an impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20). Cr. Jackson advised that she is a member of the Peron Naturalist Partnership and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Dickinson declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20). Cr. Dickinson advised that she is a Council delegate on the Harvey Visitor Centre Committee and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr Beech declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20). Cr. Beech advised that he is a Council delegate on the following committees: Harvey Community Radio, Harvey Community Resource Centre, Community Sail Training Trust, Brunswick River Cottages and Harvey Recreation and Cultural Centre. Cr Beech declared he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Dickinson declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20). Cr. Dickinson advised that she is a Council delegate on the Harvey Visitor Centre Committee and the Harvey Historical Society Committee and declared that she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Carbone declared a Proximity Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Job RC0016. Cr. Carbone advised that he resides on the street as mentioned in the Budget and declared that he would leave the Chamber for the duration of the item.

Cr. Carbone declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 114152 and Job 70654, 70684, 70158 and DR0001A. Cr. Carbone advised that he is President of the HBL Football Club and declared that he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr Bromham declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20). Cr. Bromham advised that he is a member on the following of the Leschenault Bush Fire Brigade and a Council delegate on Lot 208 Youth Inc, Settlers Hall Committee and Binningup Water Sports Committee. Cr Bromham declared he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

- Page 4 - Special Council Minutes 7 July 2020

Cr. Campbell declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 71106 and 83102. Cr. Campbell advised that she is a Council delegate on the Riverlinks Childcare Centre Committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Campbell declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 84107 and 84101. Cr. Campbell advised that she is a Council delegate on the Lot 208 Youth Inc committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Campbell declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 82202. Cr. Campbell advised that she is a Council delegate on the Morrissey Homestead Inc committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Campbell declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 111107 and 111305. Cr. Campbell advised that she is a Council delegate on the Settlers Hall Management Committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Campbell declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account105151. Cr. Campbell advised that she is a deputy Council delegate on the Harvey Community Resource Centre committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Campbell declared an Impartiality Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) – Account 105152. Cr. Campbell advised that she is a deputy Council delegate in the Harvey Community Radio committee and declared she would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Burgoyne Declared an Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) Account 113309 and Job 70654. Cr. Burgoyne advised that he is in Charge of an organisation that shares a boundary fence with the recreation ground and declared he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Burgoyne Declared an Interest in Item 8.1 - Consideration of the 2020 - 2021 Draft Budget (FMB003/20) Account 83309, 83310 and 83xx. Cr. Burgoyne advised that he is a member of the Brunswick River Cottages committee and declared he would deal with the matter on its merits and stay in the Chamber for the duration of the item.

Cr. Boylan entered the Chamber at 4.10pm

4. Response to Previous Questions Taken on Notice

Nil.

5. Public Question Time

Nil.

- Page 5 - Special Council Minutes 7 July 2020

6. Petitions/Deputations/Presentations

Nil.

7. Purpose of Meeting

The purpose of this Special Council Meeting is:

• Consider and review the contents of the 2020 - 2021 Draft Budget

8. Officer’s Reports

8.1 Director Corporate Services

8.1.1 Consideration of the 2020 - 2021 Draft Budget (FMB003/20) 7

- Page 6 - Special Council Minutes 7 July 2020

8. Officer’s Reports

Item No. 8.1 Subject Consideration of the 2020 - 2021 Draft Budget Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Director Corporate Services Authorising Officer: Chief Executive Officer File No.: FMB003/20

Summary

Attached to this Agenda is the Draft Budget document for Council’s consideration. The document is not presented in its final statutory format, which will include the following:

• Statement of Comprehensive Income by Nature or Type; • Statement of Comprehensive Income by Program; • Statement of Cash Flows; • Rates Setting Statements; • Graphical representation of income and expenses; and • Notes to the Budget.

All of the above will be finalised once Council has considered this Draft and the final Budget is to be presented to Council for adoption at its meeting to be held on 28 July 2020.

Comment

To assist Council in its consideration of the Draft Budget document, it has been the practice of Council to suspend Standing Orders and then work through the document in a workshop setting, prior to resuming Standing Orders and adopting any amendments to the Draft.

The Draft Budget presented to Council is a balanced document predicated on a zero percent rate increase. Some of the areas taken into account and included in the preparation of the Draft Budget are;

• COVID-19 hardship relief including nil increase to Shire rates, rate in the dollar; • COVID-19 hardship relief including nil increase in fees and charges; • COVID-19 hardship relief including reduction to non-payment penalties in rates; • COVID-19 hardship relief including remove rates instalment administration fee; • COVID-19 Stimulus Package 1 totaling $727,000; • COVID-19 Stimulus Package 2 totaling $748,000; • Works identified in the 2020-2025 Forward Capital Works Plan; • Items previously adopted by Council for inclusion in the Draft 2020-2021 Budget; and • Items previously adopted for inclusion from the Community Budget Submissions.

The financial impact of COVID-19 on the Shire in delivering local economic stimulus as well as providing financial relief to ratepayers is significant. The Shire has been able to accommodate this mainly through the use of its $1,970,000 Cash-flow Reserve.

Any amendments made by Council to the Draft Budget documents at this meeting will be included in the final Budget document which is anticipated to be presented in the required Statutory format for adoption at Council’s Meeting to be held on 28 July 2020.

- Page 7 - Special Council Minutes 7 July 2020

Statutory/Policy Environment

Local Government Act 1995, Section 6.2

Requirement for Local Governments to prepare and adopt an annual budget. In preparing the annual udget, the Local Government is to have regard to the Strategic Community Plan and the Corporate Business Plan.

Strategic Framework

Within the Shire’s Strategic Community Plan 2017 - 2027, Strategy 4.1.1 states:

Implement the Integrated Planning and Reporting Framework including the Long Term Financial Plan, Workforce Plan, Asset Management Plans and Corporate Business Plan.

Risk Management

The Risk Theme Profile identified as part of this report is Providing Inaccurate Advice/information. The Consequence could be Financial or Reputational should Council arrive at a budget that is not acceptable to the community or contains unrealistic measures. The risk is mitigated by Council working through a tested budget process with key reference to its Integrated Planning documents. As such it is considered that a Low risk is present.

Budget Implications

The Draft Budget has been formulated with consideration given to such informing documents as the Strategic Community Plan, Corporate Business Plan, Forward Capital Works Plan, Workforce Plan, Asset Management Plan and Long Term Financial Management Plan.

Voting Requirement

Simple Majority.

Officer’s Recommendation 1 of 2

That Council suspends Standing Orders to allow consideration of the 2020 - 2021 Shire of Harvey Draft Budget document.

Moved: Cr. Adams Seconded: Cr. Beech That Council suspends Standing Orders to allow consideration of the 2020 - 2021 Shire of Harvey Draft Budget document. Carried 10-0 20/155.

Recommendation

That Council reinstates Standing Orders.

Moved: Cr. Bromham Seconded: Cr. Adams That Council reinstates Standing Orders. Carried 10-0 20/156.

- Page 8 - Special Council Minutes 7 July 2020

Officer’s Recommendation 2 of 2

That Council incorporates the following amendments into the 2020 - 2021 Draft Budget resulting in a zero % increase in rates for presentation to Council for adoption, excluding accounts; 132102, 132104, 132146, 132132:

• Account 44109 Library software – decrease of $18,500 • Account 115701 Salary – decrease of $31,000 • Account 115777 Salary – decrease of $6,000 • Account 142701 Salary – decrease of $6,000 • Account 142701 Salary – decrease of $11,000 • Account 150320 Building reserve – Increase of $72,500

Moved: Cr. Adams Seconded: Cr. Coleman That Council incorporates the following amendments into the 2020 - 2021 Draft Budget resulting in a zero % increase in rates for presentation to Council for adoption, excluding accounts; 132102, 132104, 132146, 132132:

Cr. Jackson left the Chamber at 6.37pm

Recommendation

That Council considers the following accounts 132102, 133104, 132146, 132132 for inclusion in the draft 2020 - 2021 Budget.

Moved: Cr. Beech Seconded: Cr. Bromham That Council considers the following accounts 132102, 133104, 132146, 132132 for inclusion in the draft 2020 -2021 Budget. Carried 9-0 20/158.

Cr. Jackson entered the Chamber at 6.38pm.

- Page 9 - Special Council Minutes 7 July 2020

9. Closure of Meeting

There being no further business to discuss the Deputy Shire President closed the meeting at 6.39pm.

I, Cr. Francis Burgoyne certify that the aforesaid Minutes of the meeting held on Tuesday, 7 July 2020, are confirmed as a true and correct record of that meeting on Tuesday, 7 July 2020.

______

Cr. Francis Burgoyne Deputy Shire President

- Page 10 -

Chief Executive Officer Employment Committee Minutes

Australind Chamber Tuesday, 21 July 2020 2.30pm

Chief Executive Officer Employment Committee 21 July 2020

Shire of Harvey

Chief Executive Officer Employment Committee

Minutes of the meeting of the Chief Executive Officer Employment Committee held on Tuesday, 21 July 2020 in the Council Chambers, Mulgara Street, Australind commencing at 2.30pm.

Attendance

Committee Membership

Presiding Member Cr. P. Gillett Cr. P. Beech Cr. M. Boylan Cr. M. Campbell Cr. W. Dickinson

Staff

Chief Executive Officer Ms. A. Riordan (2.33pm – 2.34pm) (3.46pm – 3.48pm) Agenda and Minutes Officer Ms. K. Hough (2.33pm – 2.34pm)

Observer

Cr. A. Lovitt

Page 2 Chief Executive Officer Employment Committee 21 July 2020

Minutes

1. Official Opening

The Presiding Member opened the meeting at 2.33pm.

Acknowledgement of Country

2. Record of Attendance/Apologies

Nil.

3. Declarations of Members’ and Officer’s Personal Interest

Ms. Riordan declared a Financial Interest in Item 7.1 - Consideration of Chief Executive Officer Performance Review - Shire of Harvey (PL/S/910). Ms. Riordan advised that her Performance Review was being discussed and declared that she would leave the Chamber for the duration of the item.

4. Response to Previous Questions Taken on Notice

Nil.

5. Public Question Time

Nil.

6. Petitions/Deputations/Presentations/Submissions

Nil.

Moving Behind Closed Doors

That the Committee Moves Behind Closed Doors in accordance with Section 5.23 (2)(a) a matter affecting an employee or employees.

Moved: Cr. Beech Seconded: Cr. Dickinson That the Committee Moves Behind Closed Doors in accordance with Section 5.23 (2)(a) a matter affecting an employee or employees. Carried 5-0 CEO 20/001.

The Committee moved behind closed doors at 2.34pm.

Ms. Riordan and Ms. Hough left the Chamber at 2.34pm.

That Council suspends Standing Orders to allow consideration of Item 7.1.

Moved: Cr. Campbell Seconded: Cr. Dickinson That Council suspends Standing Orders to allow consideration of Item 7.1. Carried 5-0 CEO 20/002.

Page 3 Chief Executive Officer Employment Committee 21 July 2020

7. Reports of Officers

Item No. 7.1 Confidential Item Subject: Consideration of Chief Executive Officer Performance Review Proponent: Shire of Harvey Location: Shire of Harvey Reporting Officer: Chief Executive Officer Authorising Officer: Chief Executive Officer File No.: PL/S/910

Summary

To facilitate the Chief Executive Officer’s Performance Review a Performance Review Matrix was distributed to Councillors on Friday 3 July 2020, and was required to be returned to the Shire President by Monday 13 July 2020. The conduct of the Chief Executive Officer’s performance review is now required.

Background

The contract of employment states a performance review and remuneration review is to be conducted annually:

4.1 (4) The Performance Criteria – a) must be reviewed annually by the parties; and b) may be amended, from time to time, by agreement in writing between the parties.

4.2 Performance Criteria and performance review Your performance under this Contract, must be reviewed and determined by the Reviewer – c) by reference to the Performance Criteria; d) at least annually; and e) more frequently if the Council or You perceives there is a need to do so and, in that case, gives to the other party a Review Notice.

7.1 Annual Review of Remuneration Package Your Remuneration Package must be reviewed by the Reviewer annually or if otherwise determined by the Council, at a time that enables the review to coincide with other remuneration reviews conducted by the Local Government.

Key Performance Criteria were provided to the Chief Executive Officer (CEO) by the Shire President and form the Performance Review Matrix.

A memo was distributed to all Councillors with the Performance Review Matrix outlining the applicable timeline for the Review process. Accompanying the memo and Matrix was a copy of the CEO’s completed Matrix.

Comment

The Shire President will collate the results of the completed assessments made by Councillors in preparation for this meeting. The contents of the combined Councillors’ assessment and the CEO’s completed Performance Review Matrix will be discussed during the Performance Review Meeting.

Page 4 Chief Executive Officer Employment Committee 21 July 2020

It is suggested that the Committee agree on a final outcome of the performance review with this outcome being reported to Council for its consideration at the Ordinary Council Meeting of 28 July 2020.

Further to the above, the Committee and CEO should define the Key Performance criteria to be used for the next review period.

Statutory Environment

Reviews need to be conducted in accordance with Section 5.38 and 5.39(3)(b) of the Local Government Act 1995.

Section 5.23 (2)(a) of the Local Government Act 1995 applies in terms of this matter relating to an employee being dealt with behind closed doors.

Strategic Framework

Strategy 4.3.4 of the Shire’s Strategic Community Plan 2017 - 2027 states:-

Monitor and ensure compliance with the regulatory framework for Local Government business.

Risk Management

The Risk Theme Profile identified as part of this report is Failure to fulfill Compliance Requirements and Ineffective Employment Practices The consequence could be Compliance if the performance review is not conducted. The Risk Consequence is considered to be Minor and the likelihood Unlikely resulting in a Low risk being present.

Budget Implications

The Employment Contract states at Clause 7.1 Your Remuneration Package must be reviewed by the Reviewer annually – (a) at a time that is no later than 6 months after the anniversary of the Commencement Date which is to coincide with the conclusion of the Probationary period, and then at least annually thereafter. It is to be determined by Council if, as a result of the review of the Remuneration Package that there is any budget implications.

Voting Requirement

Simple Majority.

Officer’s Recommendation:

That Council endorses:

1. The Performance Review report for the CEO for 2019 – 2020 by the CEO Employment Committee be accepted. 2. The CEO is congratulated on the professionalism and direction shown over the past twelve months, and in particular during the COVID-19 State of Emergency. 3. An experienced consultant be engaged to develop performance indicators and measures for the CEO and to assist with the annual performance review process of the CEO.

Page 5 Chief Executive Officer Employment Committee 21 July 2020

4. Amend the CEOs contract under Schedule 2 9. Remuneration Package to read that ‘Up to a further 6% of superannuation is available in accordance with Council Policy and can be accessed when within the superannuation cap. Where the total benefit is outside the superannuation cap an amount equal to the 6% superannuation co-contribution will be provided as a benefit in an agreed form annually. 5. Provide by way of an agreed benefit an amount equal to 6% superannuation under Schedule 2, 9. for 2020 – 2021. 6. Provide an amount equal to the 6% superannuation under Schedule 2, 9. on a pro-rata basis for the period 13/11/2018 to 30/6/2020 to be taken in the form of an agreed benefit.

Returning from Behind Closed Doors

Moved: Cr. Dickinson Seconded: Cr. Campbell That Council Returns from Behind Closed Doors. Carried 5-0 CEO 20/003.

Council returned from behind closed doors at 3.46pm.

Ms. Riordan entered the Chamber at 3.46pm.

11. Matters Behind Closed Doors

Nil.

12. Closure

There being no further business the Presiding Member closed the meeting at 3.48pm.

Page 6