Minutes of Ordinary Council - Tuesday, 26 July 2022

Ordinary Council: Minutes

26 July 2022 Page 6

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
26 July 2022.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4:01pm and did an acknowledgement to country.

The Shire of Esperance acknowledges the Kepa Kurl Wudjari people of the Nyungar nation and

Ngadju people who are the Traditional Custodians of this land and their continuing connection to

land, waters and community. We pay our respects to Elders past, present and emerging and we

extend that respect to other Aboriginal Australians today.

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

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr L de Haas Town Ward

Cr W Graham Rural Ward

Cr R Horan Town Ward

Cr S Flanagan

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mrs H Phillips Director External Services

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss E Hegney Executive Assistant

Miss A Palmer Trainee Administration Assistant – Executive Services

Miss E Godwin Trainee Administration Officer

Ms C Smith Media and Communications Manager

Members of the Public & Press

Ms S Small Observing

Dr K Nieukerke Item 7

Mrs R Hegney Observing

Mr S Hegney Observing

Mr T Gray Item 7

Ms Y Li Media Esperance Weekender

Miss E Smith Media ABC

Miss E Smith entered the Chambers at 4:02 pm

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr R Chambers Deputy President Town Ward

Cr J Obourne Town Ward

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr O'Donnell

Seconded: Cr de Haas

O0722-165

That Council accept the following leave of absence:

Cr Chambers 13-20 August 2022

CARRIED

F7 - A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

Cr Chambers declared a Financial Interest in item 17.2 as his son works for the tenderer and lives at home.

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

Cr Graham declared a proximity interest in item 13.1 as he owns land in the vicinity of the Bukenerup Road.

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Chambers declared an Impartiality interest in item 13.1 as he is the Deputy Urban Rural Fire Control Officer.

Cr Graham declared an impartiality interest in item 13.1 as he Chairs the Bush Fire Advisory Committee and is a Fire Control Officer.

Cr McMullen declared an impartiality interest in item 12.1.1 as the applicant is his brother.

Cr Mickel declared an impartiality interest in item 13.1 as his son is listed as a Fire Control Officer for Beaumont District.

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke – Shire Ownership of lot 75 and 76 Johns Street, Esperance.

Dr Nieukerke noted that the Shire owns Lot 77 Johns Street and asked if the Shire then also owns Lot 75 and 76 Johns Street.

The question was taken on notice by the CEO.

2. Mr T Gray – Road Safety

Mr Gray spoke about a road traffic incident, which occurred on the corner of Murray Road and South Coast Highway, which had its 10th anniversary on the 3rd of April this year. He noted that there was regrettably one female fatality. He mentioned a road safety report which was released prior to the fatal traffic incident and that there were some actions within this report to Council which were simple to complete but not rectified in a timely manner. He highlighted that road safety should be actioned sooner, rather than later.

He then posed the following questions which were also handed to the minutes secretary:

a) Does the Shire of Esperance have a policy that requires any report given to or commissioned by or in any way obtained by the CEO or any other administration staff, that may affect Council in the performance of its roles, to produce that report to council within a prescribed period of time? If not, why not?

b) What policy or directives does the Shire of Esperance have in place for Shire staff or others to monitor and report on any matters which may affect road safety in the Shire of Esperance? For instance, circumstances where branches may partially or completely obscure STOP signs, or the existence of damaged or insufficient road signs.

c) What formal lines of communication does the Shire of Esperance have with Main Roads to address issues of road safety involving local roads and main roads where their interests and responsibilities may coverage?

Cr Mickel responded that road safety is an important issue and thanked Mr Gray for his questions. Cr Mickel took the questions on notice in order to give the Shire staff time to respond in detail in writing.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr Graham

Seconded: Cr de Haas

O0722-166

That the Minutes of the Ordinary Council Meeting (subject to changes recommended by

Cr O’Donnell) of the 28 June 2022 be confirmed as a true and correct record.

CARRIED

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11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

16 July Attended Shire of Esperance Roller Skating Session at the Graham Mackenzie Stadium

26 July Attended WALGA training

26 July Attended Audit Committee

Cr Flanagan

19 July Attended Reconciliation Action Plan Meeting

Cr O’Donnell

4 July Provided Meals on Wheels Service to Esperance Homecare

6 July Attended Cemetery Working Group Master Plan Workshop

12 July Participated in the Community Sculpture project at Esperance Community Arts for the Esperance Wildflower Festival

25 July Attended Esperance Senior Citizens Committee Meeting.

25 July Attended an ECCI event hosted by Australia's Golden Outback at the Cannery Arts Centre

26 July Attended Audit Committee Meeting

Cr Graham

Nil to Report

Cr de Haas

28 June Attended ECCI Small Business Hydrogen working group

04 July Attended NAIDOC event at Tjaltjraak Office

06 July Attended ECCI meeting

12 July Participated in the Community Sculpture project at Esperance Community Arts for the Esperance Wildflower Festival

Cr Horan

1 July Attended Roadwise Driver Reviver

25 July Attended an ECCI event hosted by Australia's Golden Outback at the Cannery Arts Centre

Cr McMullen

26 July Attended Audit Committee Meeting

Cr Chambers

14 July Meeting with Hon Steve Martin MLC

Cr Mickel

14 July Meeting with Hon Steve Martin MLC

20 July Meeting with Cory Hogg from Minerva Foods

26 July Attended Audit Committee Meeting

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Shade Sail Structure - Lot 489 (21) Sinclair Street, Castletown

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

File Ref: D22/19205

Applicant

Clint Mansell on behalf of David McMullen

Location/Address

Lot 489 (21) Sinclair Street, Castletown

Executive Summary

For Council to consider Development Application 10.2022.5037.1 for a Shade Sail Structure at Lot 489 (21) Sinclair Street, Castletown.

Recommendation in Brief

That Council approve Development Application 10.2022.5037.1 for a Shade Sail Structure at Lot 489 (21) Sinclair Street, Castletown subject to conditions.

Background

An application for development for a Shade Sail Structure at Lot 489 (21) Sinclair Street, Castletown was received by Planning Services on 2 June 2022. The application was subsequently referred to the adjoining landowner as well as the Shire’s Environmental Health and Asset Management Officers for comment.

The adjoining landowner provided a non-objection to the proposed Shade Sail Structure on 6 July 2022, with the Shire’s Environmental Health and Asset Management officers indicating that the proposed structure should not impact on effluent disposal systems on the property or on vehicular or pedestrian safety.

The assessment of the proposal indicates a significant proposed reduction in the primary street setback to Stable Road from the standard 12 metre requirement down to 1 metre. However, it is noted that the existing Industrial Shed on the property was approved by Council at its Ordinary Council Meeting held on 26 May 2015 at a three (3) metre setback to Stable Road.

Further, many of the existing properties on Stable Road were constructed with setbacks of less than 12 metres due to the prevailing development standards associated with Local Planning Scheme No. 23 (circa 2010).

As this item is a variation to standards applied by Local Planning Scheme No. 24, the matter has been referred to Council for determination.

Officer’s Comment

One variation is proposed to the provisions of Local Planning Scheme No. 24 to reduce the primary street setback from 12 metres to 1 metre.

Under normal circumstances a 12 metre primary street setback is required to Stable Road. In this instance the applicant proposes the Shade Sail Structure at a distance of 1 metre from the boundary with Stable Road.

The rationale provided for the Shade Sail Structure is to provide some level of outdoor living area to the existing single house on the property. As the majority of the property is utilised by an industrial shed or heavy vehicle access, there is little space available for outdoor living on the property aside from the front setback. Hence, the property owner is seeking to maximize the available space by placing the Shade Sail Structure in the front setback.

Due to the open sided nature of shade sail structures, the proposed placement will cause little impact in terms of visual amenity or vehicle safety.

Consultation

A non-objection to the reduced street setback was provided by the adjoining landowner (OD Transport) on 6 June 2022.

Financial Implications

Application fees totalling $147.00 were received as part of this application.

Asset Management Implications

Nil

Statutory Implications

Local Planning Scheme No. 24

Pursuant to s.211(1) of the Planning and Development Act 2005, a person aggrieved by the failure of a local government to enforce or implement effectively the observance of a local planning scheme may make representation to the Minister. If the Minister considers it appropriate to do so, representation may be referred to the State Administrative Tribunal for its report and recommendation. Following subsequent actions and recommendation by the SAT the Minister may order the local government to do all things considered necessary for enforcing the observance of the Scheme or any provisions of the Scheme.

In this instance it is considered that the Scheme has been enforced effectively.

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Place - Outcome 7. Responsible planning and development

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

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

RECOMMENDATION AND DECISION

12.1.1 Development Application - Shade Sail Structure - Lot 489 (21) Sinclair Street, Castletown

Moved: Cr Horan

Seconded: Cr Flanagan

O0722-167

Council Resolution

That Council approve Development Application 10.2022.5037.1 for a Shade Sail Structure at Lot 489 (21) Sinclair Street, Castletown subject to the following conditions:

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

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

3. All stormwater and drainage run off is to be retained on-site to the satisfaction of the Shire of Esperance.

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

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

6. All fencing shall be in accordance with the Shire of Esperance Fencing Local Law.

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

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

AND the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit is required to be submitted and approved by the Shire of Esperance prior to any works commencing on-site.

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

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

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

5. The Department of Water and Environmental Regulation and Environment Regulation has prepared dust control guidelines for development sites, which outline the procedures for the preparation of dust management plans. Further information on the guidelines can be obtained from the Department of Water and Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au under air quality publications.

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

CARRIED

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Ordinary Council: Minutes

26 July 2022 Page 16

12.2 Asset Management

Item: 12.2.1

Road Dedication - 47 John Street

Author/s	Jeanette Appleby	Supervisor Asset Administration
Authorisor/s	Mathew Walker	Director Asset Management

File Ref: D22/18170

Applicant

Internal

Location/Address

47 John Street, Sinclair.

Executive Summary

For Council to consider a portion of 47 John Street, Sinclair (Lot 77) to be dedicated as a road reserve.

Recommendation in Brief

That Council

1. Support the dedication of a portion of Lot 77 on Plan 002260 as road reserve;

2. Request the Minister of Lands to dedicate the 17.43m² portion of land being portion of Lot 77 on Plan 002260 as a road reserve; and

3. Advise the Minister of Lands that the Shire will cover all costs and expenses reasonably incurred in considering and granting the request.

Background

The Shire is in the process of undertaking the Ocean Street Development of 25 Lots of which the Shire owns 16 Lots. The truncation area to be dedicated is currently encroaching the existing road and footpath and is required to allow the road and path to stay in its current configuration.

Officer’s Comment

47 John Street, Sinclair is owned in freehold tenure by the Shire of Esperance. The next step is to dedicate the truncation portion of land into the road reserve. Should the road dedication be supported, a request will be made to the Minister for Lands under Section 56 (1)(i) of the Land Administration Act 1997.

Consultation

Discussions were held with the Department of Planning, Lands and Heritage – Lands to determine the process required to facilitate the request.

Financial Implications

The financial implications arising from this report will be for a licenced surveyor to process the request, which is within the project budget.

Asset Management Implications

The road dedication will allow for the road alignment to stay as per its current configuration.

Statutory Implications

Land Administration Act 1997

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Place - Outcome 10. Safe, affordable, accessible and sustainable transport systems

Objective 10.2. Deliver an efficient and safe road network

Deliver a diverse, efficient and safe transport system

Environmental Considerations

Nil

Attachments

a ⇩.

Ocean Street Developement - Road Dedication

RECOMMENDATION AND DECISION

12.2.1 Road Dedication - 47 John Street

Moved: Cr Flanagan

Seconded: Cr Horan

O0722-168

Council Resolution

That Council:

1. Support the dedication of a portion of Lot 77 on Plan 002260 as road reserve;

2. Request the Minister of Lands to dedicate the 17.43m2 portion of land being portion of Lot 77 on Plan 002260 as a road reserve; and

3. Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

CARRIED

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12.3 Corporate & Community Services

Item: 12.3.1

Rates Concession for 2022/23

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

File Ref: D22/18691

Applicant

Shire of Esperance

Location/Address

Various locations around the Shire.

Executive Summary

For Council to consider offering a rates discount equivalent to half of the minimum rates to those properties considered to be provided with no services.

Recommendation in Brief

That Council grant a concession of $636.50 to the properties as attached to be included within their 2022/23 rates notice.

Background

There are a small number of properties including Development Area 3 which have no infrastructure services such as roads, paths and drains to the property. Similarly, there is a property at Israelite Bay. Since 2017/18, Council has granted a concession to these properties to ensure fairness and equity to these property owners.

The Israelite Bay property has historically received a concession as it is leased crown land with a heritage building on it of whom the lessee has the responsibility to maintain. It is also located at least 40km beyond the last farming property in the area.

The Development Area 3 property owners have the option to sell their property to the Shire. However for year ending 30 June 2022 no sales occurred. Attached is a list of properties that received the concession last year and the proposed list for 2022/23 year. As there were no sales during 2021/22 the list of properties is the same as the previous year.

Officer’s Comment

To ensure fairness and equity to these property owners, it is requested that Council offer a rates concession as per the previous year.

The concession has been calculated based on a 6% rate increase and is 50% less than the projected minimum rate of $1,273 resulting in $636.50.

Consultation

Nil

Financial Implications

The financial implications arising from this report is $17,185.50 and this has been allowed for within the draft budget.

Asset Management Implications

Nil

Statutory Implications

Section 6.47 Local Government Act 1995

Policy Implications

Nil

Strategic Implications

Council Plan 2022-2032

Performance – Outcome 15. Operational excellence and financial sustainability.

Objective - Provide responsible, agile and innovative planning and resource management.

Environmental Considerations

Nil

Attachments

a ⇩.

Rates Concession for 2022/23

RECOMMENDATION AND DECISION

12.3.1 Rates Concession for 2022/23

Moved: Cr O'Donnell

Seconded: Cr de Haas

O0722-169

Council Resolution

That Council grant a concession of $636.50 to the properties as attached to be included within their 2022/23 rates notice.

CARRIED

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Item: 12.3.2

Lease Reassignment Request - Mini Golf

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

File Ref: D22/18989

Applicant

Susanne Small

Owen Massenbauer

Location/Address

Lot 1027 The Esplanade Esperance, Reserve 28207

Executive Summary

For Council to consider reassigning the sub-lease with Susanne and Ian Small for the Mini Golf to Owen Massenbauer.

Recommendation in Brief

That Council agrees to reassign the sub-lease with Susanne and Ian Small for the Mini Golf to Owen Massenbauer.

Background

Susanne and Ian Small have been sub-leasing the premises since 2006, with the current sub-lease due to expire 17 March 2026, with a further term of 10 years available subject to Southern Ports approval of the head lease.

The Lessees have now advised that they are looking to sell the business to Owen Massenbauer.

Officer’s Comment

As the current Lessee is in the process of selling the business, it is recommended that Council accept the reassignment request for this premises as this will allow the business to continue trading from its current premises, under new management.

The new owners have investigated potential changes to use of the premises and advise that they are looking to continue operating the business as it has been, however also include a soft play area for small children and café selling a limited menu.

The additional uses have been discussed with relevant officers, who have advised there are no concerns with this proposal being approved.

The Lessee raised concerns regarding the location of their septic system in relation to a recently replanted garden bed adjacent to the area. The Parks team have reviewed the works in the area and confirmed that from the depth of works performed, neither the septic system nor leech drains are located under the garden bed.

The premises are located on a reserve managed by the Southern Ports Authority and leased to the Shire of Esperance, therefore we will require their approval for any changes to the sub-lease arrangement for the Mini Golf.

Consultation

Susanne Small

Owen Massenbauer

Kate Toop

Manager Parks and Reserves

Senior Planning Officer

Financial Implications

Lease reassignment fee of $220 Inc GST

Asset Management Implications

Nil – land only lease

Statutory Implications

Local Government Act 1995

Policy Implications

COR 004: Building and Property Agreements

Strategic Implications

Council Plan 2022 - 2032

Prosperity - Outcome 12. A prosperous and diverse economy

A prosperous and diverse economy

Attract and retain diverse industries and enterprises to grow the economy and local jobs

Environmental Considerations

Nil

Attachments

a ⇩.

Mini Golf Reassignment Request - Susanne Small and Owen Massenbauer

RECOMMENDATION AND DECISION

12.3.2 Lease Reassignment Request - Mini Golf

Moved: Cr de Haas

Seconded: Cr Flanagan

O0722-170

Council Resolution

That Council, subject to the Southern Ports Authority approval;

1. Reassign the sub-lease with Susanne and Ian Small for the Mini Golf, portion of Lot 1027 The Esplanade, Reserve 28207, to Owen Massenbauer; and

2. Lease reassignment fee of $220 Inc GST being payable.

CARRIED

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Item: 12.4.2

Esperance Accommodation Study

Author/s	Shane Burge	Chief Executive Officer
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D22/19343

Applicant

Shire of Esperance

Location/Address

Various locations

Executive Summary

For Council to consider the report titled Esperance Accommodation Study.

Recommendation in Brief

That Council-

1. Accept the report titled Esperance Accommodation Study;

2. Utilise the study to undertake targeted market sounding on the proposals and;

3. Consider funding in the 2022/23 budget to undertake a business case to compare options, financial analysis and implementation options on a preferred project.

Background

There has been a significant shortage of residential accommodation in Esperance for over 18 months. In addition, with the closure of the Blue Waters Lodge on Goldfields Road as the YHA backpacker’s (the last in town) in February 2020, there was no longer an option for short term seasonal worker accommodation.

Late last year the Goldfields-Esperance Development Commission contributed $20,000 towards the development of the Esperance Accommodation Study to understand longer term demand for tourism and workers accommodation in Esperance and identify potential accommodation solutions and investment options.

At the November Ordinary Council Meeting the Council agreed to accept the grant from the Development Commission and contribute matching funds to undertake the study.

Urbis were engaged to undertake the study with a focus on the following:

· Undertake an audit of current tourism/workers accommodation options;

· Undertake a demand analysis for lower cost worker accommodation;

· Identify landholdings within the Shire suitable for accommodation development;

· Outline the pathways to meet the identified demands and attract investment; and

· Result in an analysis of the current situation, gaps and options along with a high level feasibility analysis of preferred options for meeting the identified gaps.

Officer’s Comment

The study undertaken by Urbis investigated land held or controlled by the Shire in the town central area with a focus on-

· Low cost short stay accommodation–such as backpackers / hostel in recognition of the lack of affordable short stay options in Esperance; and

· Worker rental accommodation –such as key worker housing that may be means tested (i.e. with rents determined by income) or short-term rentals (e.g. for three months for transition to private rental market or owner occupation).

Town central location was determined to be the most appropriate so the provision of a workers accommodation facility that could transition into tourism accommodation in the future has the potential to both fill a short to medium term need (workers accommodation) while ensuring that longer term viability of the facility is also ensured (lack of current hostel/backpackers accommodation in town).

The report identified the following key findings-

· Insufficient Returns: For the base case, the assessment demonstrates that returns are very limited and would not attract private investment. This is unsurprising as the analysis demonstrates there is a clear market gap that has not been filled by the private sector and thus there is a need for government support.

· Need for Subsidy: Given the social and economic value that could be derived from the development options, a subsidy (government and / or philanthropic) could improve returns to levels equivalent to where an investor would be interested in the development opportunity or at least at levels that would cover the Shire’s finance costs (if the Shire pursued the development).

· Worker Accommodation More Viable: Worker rental options are expected to derive comparably higher returns than low cost short stay options. This is partly due to the higher development yield (fewer amenity areas), lower operating cost structure and higher occupancy (less of an impact from seasonality).

The report recommended that a Shire-developed and owned short term worker rental accommodation development at Lot 3 Forrest Street is considered most suitable as this best balances control and risk and enables access to external funding opportunities (e.g. State Government).

The next steps required to advance the proposal is to undertake targeted market sounding whilst developing a business case.

Consultation

Goldfields Esperance Development Commission

Financial Implications

The financial implications arising from this report are nil in accepting the report.

Budget consideration will be required to progress a business case which is estimated to cost $30,000 and proposed to be funded from the Land Development Reserve.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Place - Outcome 8. Access to adequate, safe and affordable housing for everyone

Objective 8.1. Facilitate access to diverse housing options.

Priority Project 8.1.2. Advocate for greater availability of housing to meet community needs (e.g. land and property owners to build apartments, villas, units, and mixed use developments) including engagement with State Government on housing management practices (e.g. GROH housing).

Environmental Considerations

Nil

Attachments

Esperance Accommodation Study - Under Separate Cover

RECOMMENDATION AND DECISION

12.4.2 Esperance Accommodation Study

Moved: Cr Graham

Seconded: Cr Flanagan

O0722-173

Council Resolution

That Council

1. Accept the report titled Esperance Accommodation Study;

2. Utilise the study to undertake targeted market sounding on the proposals and;

3. Consider funding in the 2022/23 budget to undertake a business case to compare options, financial analysis and implementation options on a preferred project.

CARRIED

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13. Reports Of Committees

Item: 13.1

Bush Fire Advisory Committee - 7 June 2022

Author/s	Ashley Peczka	Community Emergency Services Manager
Authorisor/s	Holly Phillips	Director External Services

File Ref: D22/19482

Cr Graham declared his interest and left the Chamber at 4:34pm.

Applicant

Bush Fire Advisory Committee

Location/Address

N/A

Executive Summary

That Council accept the unconfirmed minutes of the Bush Fire Advisory Committee (BFAC) meeting held on 7 June 2022 and consider additional recommendations in preparation for the upcoming fire season.

Recommendation in Brief

That Council accept the unconfirmed minutes of the BFAC meeting held on 7 June 2022. In addition, the report recommends that Council endorse BFAC’s recommendations for Bush Fire Control Officers, and requests the Fire and Emergency Services Commissioner re-gazette the Prohibited and Restricted Burning Periods for the Rural Zone and Urban Rural Zone.

Further, the report recommends that Council notes methods of fire modelling for Harvest & Vehicle Movement Bans in the Shire, and requests the CEO write to Horizon Power to address hazards associated with wildlife interactions with electrical infrastructure in the Bukenerup Road area.

Background

The BFAC meeting was held on 7 June 2022 and the minutes of the meeting are attached with this report. Additional items for consideration are presented as follows:

Bush Fire Control Officers

Pursuant to section 38 of the Bush Fires Act 1954 (the Act), Council is responsible for appointing Fire Control Officer’s for the Shire of Esperance. BFAC has recommended the following appointments for 2022/23:

Position	Name
Chief Bush Fire Control Officer	Mr Phil Longmire
Deputy Chief Bush Fire Control Officer	Mr Will Carmody (West) Mr Adrian Perks (East)
Senior Fire Control Officer	Mr Tom Carmody (West Zone) Mr Kingsley Scott (West Coast Zone) Mr Chris Hallam (North Zone) Mr Simon Schlink (East Zone) Mr Adrian Perks (East Coast Zone) Mr Peter Rowe (Urban-Rural Zone)
Deputy Senior Fire Control Officer	Mr Will Carmody (West Zone) Mr Peter Luberda (West Coast Zone) Mr Jason Allan (North Zone) Mr Lyndon Mickel (East Zone) Mr Nick Ruddenklau (East Coast Zone) Mr Ron Chambers (Urban-Rural Zone)
Fire Control Officers	As per the attached Fire Control Officer 2022/23 list.
Permit Issuing Officers	As per the attached Permit Issuing Officer 2022/23 list.
Chief Fire Weather Officer	Mr Phil Longmire
Fire Weather Officer	Mr Will Carmody Mr Adrian Perks Mr Peter Rowe Mr Ashley Peczka

All nominated volunteers either hold current Fire Control Officer qualifications or will be undertaking Fire Control Officer training in July 2022.

Prohibited and Restricted Burning Period Times

Pursuant to section 17 and section 18 of the Act, the lighting of fires is managed during the summer months by legislated Restricted and Prohibited Burning Times.

The Shire sits in a Zone 2 Band, providing for:

· Restricted Burning Times - from 19^th September to 15^th March annually; and

· Prohibited Burning Times – between 1^st November to 31^st January each year.

Last year, the Shire lodged a deposited plan with Landgate to register its Harvest and Fire Zones in order to set Prohibited and Restricted Burning times for two (2) different zones being the Rural and Urban-Rural Zones.

For the upcoming fire season officers would like to see the Prohibited Burning time commence 14 days later than last year. This would enable landowners and occupiers along coastal areas to undertake hazard reduction activities when conditions are best suited to them. This is typically around the end of October, or start of November, pending rainfall levels over the winter/spring period.

It is therefore proposed that the CEO write to the Fire and Emergency Services Commissioner to re-gazette the Prohibited and Restricted Burning Periods as follows;

· Prohibited Burning Period (all dates inclusive):

o Rural Zone - from 14^th November each year to 31^st January the following year; and

o Urban Rural Zone - from 14^th November each year to 28^th February the following year.

· Restricted Burning Period (all dates inclusive):

o Rural Zone - from 19^thSeptember each year to 31^st March the following year; and

o Urban Rural Zone - from 19^th September each year to 30^th April the following year.

Fire Modelling

The coronial enquiry into the Black Summer bushfires in the eastern states recommended all states and territories be aligned to a national Fire Danger Rating System. This was intended to improve public awareness and understanding of the fire danger ratings, and enhance science calculations to provide more accurate fire behavior models for firefighting agencies.

The changes to the Australian Fire Danger Rating System will see the current Fire Danger Index (FDI) system of six (6) fire danger ratings (Low-Moderate, High, Very High, Severe, Extreme and Catastrophic), using the McCarthur Mk4 calculator for two (2) vegetation types, move across to an eight (8) vegetation type model using a Fire Behavior Index (FBI) calculator with four (4) fire danger ratings (Moderate, High, Extreme and Catastrophic).

The new system is set to go live nationally as of 1 September 2022 changing how the State determines Total Fire Ban days and amendments to relevant legislation. Under the new FBI model, the State will declare a Total Fire Ban when the forecast FBI exceeds 50. A Harvest & Vehicle Movement Ban will need to be imposed when the FBI reaches 40 on the same day.

Limited information is available on the workings of the new FBI. As such, BFAC will continue to use the McCarthur Mk4 calculator when determining Harvest & Vehicle Movement Bans. BFAC intends to use both the current FDI and the new FBI models for the next twelve (12) months to help fully understand the conditions of the new system.

Electrical Infrastructure in the Bukenerup Rd Area

Previously, Horizon Power installed bird spikes on their power pole crossbars, as well as redesigning cross bars to limit the potential for fire caused by bird strikes. This year, it was noticed that bird spikes were missing from crossbars on power poles in the Bukenerup Road area. This was reported to Horizon Power by BFAC however no remediation occurred resulting in a fire on a day with elevated fire weather conditions.

Landowners in the Bukenerup Road area are concerned about the likelihood of further birds strikes and do not want to be exposed to another fire risk in the upcoming fire season due to a lack of fire prevention/maintenance by Horizon Power.

It is recommended that Council request the CEO to compile information on the history of birds strikes in the Bukenerup Road area and requests that Horizon Power review the design of power pole crossbars to prevent a reoccurrence.

Consultation

BFAC

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Bush Fire Act 1954

Bush Fire Regulations 1954

Policy Implications

EXT 024 - Bush Fire Management Policy

Strategic Implications

Council Plan 2022 - 2032

Planet - Outcome 6. Greater community readiness and resilience to cope with natural disasters and emergencies.

Objective 6.1. Minimise risk and support recovery from bushfires, storms, drought and other natural disasters.

Environmental Considerations

N/A

Attachments

a ⇩.	Bush Fire Advisory Committee Minutes - June 2022
b ⇩.	Fire Control Officer List 2022/23
c ⇩.	Permit Issuing Officer List 2022/23

RECOMMENDATION AND DECISION

13.1 Bush Fire Advisory Committee - 7 June 2022

Moved: Cr O'Donnell

Seconded: Cr Horan

O0722-174

Council Resolution

That Council:

1. Accept the unconfirmed minutes of the Bush Fire Advisory Committee (BFAC) held on 7 June 2022.

2. Endorse the recommended positions of Chief Bush Fire Control Officer, Deputy Chief Bush Fire Control Officer, Fire Control Officers, Permit Issuing Officers and Fire Weather Officers as outlined in this report and its associated attachments.

3. Request the CEO write to the Fire and Emergency Services Commissioner to re-gazette the Prohibited and Restricted Burning Periods for the Rural Zone and Urban Rural Zone, as follows;

a. Prohibited Burning Period (all dates inclusive):

i. Rural Zone - from the 14^th day of November in each year to the 31^st day of January the following year; and

ii. Urban Rural Zone - from the 14^th day of November in each year to the 28^th day of February the following year.

b. Restricted Burning Period (all dates inclusive):

i. Rural Zone - from the 19^th day of September in each year to the 31^st day of March the following year; and

ii. Urban Rural Zone - from the 19^th day of September in each year to the 30^th day of April the following year.

4. Notes BFAC will continue using the McCarthur Mk4 model at 3m wind heights to determine Harvest & Vehicle Movement Bans for the Shire, except on days where the State declares a Total Fire Ban for the area whereby the ban will be calculated using the national Fire Behavior Index model.

5. Request the CEO to compile information on the fire history of birds strikes in the Bukenerup Road area and requests Horizon Power review the design of power pole crossbars to prevent fires resulting from birds and other wildlife interacting with electrical infrastructure.

CARRIED

F6 - A0

Cr Graham returned to the Chambers at 4:36 pm.

Ms C Smith left the Chambers at 4:36 pm and did not return.

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