11 October 2022 Page 2
Shire of Esperance
Special Council
Tuesday 11 October 2022
MINUTES
DISCLAIMER
No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.
In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.
RECORDINGS
The Meeting will be livestreamed. The recording will be made publicly available as soon as practical following the meeting.
Table of Contents / Index
ITEM
NO. ITEM HEADING PAGE
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4.1 Declarations of Financial Interests – Local Government Act Section 5.60a
4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
6.1 Esperance Bay Sand Backpassing Infrastructure
11 October 2022 Page 4
SHIRE OF ESPERANCE
MINUTES
OF
THE Special Council Meeting
HELD IN Council Chambers ON 11 October 2022.
1. OFFICIAL OPENING
The Shire President declared the meeting open at 3:00pm 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. The President advised the meeting will be video recorded. The recording will be made publicly available as soon as practical following the meeting.
2. ATTENDANCE
Cr I Mickel, AM JP President Rural Ward
Cr R Chambers Deputy President Town Ward
Cr J O’Donnell Town Ward
Cr S McMullen Town Ward
Cr J Obourne Town Ward
Cr L de Haas Town Ward
Cr W Graham Rural Ward
Cr R Horan Town Ward
Cr S Flanagan Town Ward
Shire Officers
Mr S Burge Chief Executive Officer
Mr M Walker Director Asset Management
Mrs H Phillips Director External Services
Mrs F Baxter Director Corporate & Community Services
Miss E Hegney Executive Assistant
Miss E Godwin Trainee Administration Officer
Mrs M Bidstrup Media and Communications Officer
Mr B Cartledge Senior IT Officer
Members of the Public & Press
Dr K Nieukerke Item 5
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
Mr Cartledge entered the Chambers at 3:03pm.
4.1 Declarations of Financial Interests – Local Government Act Section 5.60a
Nil
4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
Nil
4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
Nil
5. PUBLIC QUESTION TIME
1. Dr Nieukerke – Sand Backpassing Consultation and Budget
Mr Cartledge left the Chambers at 3:06pm and did not return.
Dr Nieukerke spoke about ‘the cure’ for erosion needing to be an integral part of decision making and questioned if Council can please advise when the March 2019 report was presented to Council, and when a decision was made.
Mr Walker replied that at the July 2018 OCM, a report was put to Council and they resolved to use backpassing. Mr Walker further clarified that the March 2019 report was never formally presented to Council as that report further developed the backpassing solution, however Council had already made the decision to proceed with backpassing in July 2018.
Dr Nieukerke noted the third recommendation in report around community engagement, which should occur before, during and after the trial, as mentioned in the BMT report, and asked what has been done in that respect?
Mr Walker answered that some processes were developed around formal community consultation and we have been advising residents as part of the process leading up to the trial. He noted that we should aim to have more communications during and after the process.
Dr Nieukerke noted this informal consultation, but asked if there are now plans to set up a formal process.
Cr Mickel replied that they will be making decisions tonight in relation to the process and that there currently aren’t therefore, plans for formal consultation as this will happen in due course after the decision is made.
Dr Nieukerke noted that in the BMT technical note on page 69, it states that BMT has not undertaken a detailed review of the costs but the design/proposal from 2017 remains largely the same. He asked if council can now confirm that the revised capital and operating financial estimates are those contained in this report.
Cr Mickel mentioned that the debate which follows in this meeting will give some insight into the information he is seeking.
Dr Nieukerke noted that BMT state that they have not done anything further to refine the budget figures, so questions around clarifying the operating budget are essential in consideration.
Mr Walker responded that council have a budget of 1.45million for the project and have used this to apply for grants. This information was given to BMT which they used to create their report. He is confident we can deliver the project with the funding mentioned.
Dr Nieukerke asked if the pump costs are also included in the project as a ‘full cost’.
Mr Walker responded that through the grant funding, it is only the piping infrastructure that is included in this project. The pumps are currently included as part of the cost that the Department of Transport pays to the dredging contractor, allowing the operation to be fully co-ordinated.
Dr Nieukerke noted on page 12 of the officers comments that there is nothing stopping the shire from value adding to this solution in the future. He asked if there is a possibility to simplify in the future – does that mean we are overcapitalising now.
Mr Walker responded, no. He stated that there will always be a need to replace the sand in some way. The Shire is working to stop losing sand in the immediate future and avoiding having to bring in sand with trucks as a solution.
Dr Nieukerke asked if the project is scheduled to start next year (May 2023), will the shire be ready to start in April/May 2023.
Mr Walker replied it is not ideal to start so late. The Shire will work hard to meet these deadlines and have conversations with Department of Transport should it go ahead. The grant funding delays have pushed us back. There is a contingency if this is the case, which would be to truck the sand in.
Cr Mickel thanked Dr Nieukerke for his interest in the subject.
6. Purpose of Meeting
Esperance Bay Sand Backpassing Infrastructure
Author/s |
Mathew Walker |
Director Asset Management |
Authorisor/s |
Shane Burge |
Chief Executive Officer |
File Ref: D22/27236
Applicant
Internal
Location/Address
Castletown Quays
Executive Summary
For Council to consider to make a final determination to proceed with the Esperance Bay sand backpassing infrastructure and enter into a grant agreement.
Recommendation in Brief
That Council
1. Enter into Hotspot Coastal Adaptation and Protection Major Project Fund 2022/23 Funding Agreement for the Esperance Bay - Castletown Sand Back-Passing Infrastructure; and
2. Request the CEO to negotiate a collaborative operational framework for the future operations of the Sand Back-Passing Infrastructure with the Department of Transport.
Background
Coastal erosions in the Esperance Bay has been an ongoing issues for many years. To look at the best way to manage the coastal erosion the Shire commissioned the Esperance Bay Coastal Erosion Options Report. The report looked at the following options:
· Sand Renourishment - Status quo
· Sand back-passing – Take sand off the Castletown beach and pump it back to the erosion zone.
· Coordinated dredging and Sand back-passing – coordinate with the Bandy Creek Boat Harbour dredging program to pump the dredged sand to the erosion zone
· Seawall – Offers direct protection of the coastline from erosion
o Rock seawall
o Sandbags seawall
· Groyne(s) – Changes the shape of the bay to alter the equilibrium point
o 1 large rock groyne
o 2 T rock groynes
o 3 T rock groynes
o 4 small rock groynes
o 4 small sandbag groynes
The Coordinated dredging and Sand back-passing was the recommended option to address the coastal erosion in the Esperance bay.
From this report Council resolved following motion at the July 2018 Ordinary Council Meeting:
That Council:
1. Endorse the Esperance Bay Coastal Erosion Options Report; and
2. Request the CEO to progress the option of a Coordinated Bandy Creek Boat Harbour dredging and sand back-passing approach to deal with the Esperance Bay Coastal Erosion.
Following this resolution, the Shire commissioned BMT to develop the Coordinated BCBH dredging & sand back-passing, including designs, environmental planning and liaison with the Department of Transport. See attached Esperance Bay - Dredging and Sand Backpassing Development report March 2019.
Following this report a trial of the Coordinated Bandy Creek Boat Harbour (BCBH) dredging & sand back-passing occurred as part of the biennial dredging program at Bandy Creek Boat Harbour from May 2021 to September 2021. The trial involved the contractor installing a temporary above ground pipe for 3,500m and booster pumps to back-pass the sand to the erosion hotspot.
Since the conclusion of the back passing operation, the site has been surveyed at intervals by the Department of Transport using a hydrographic survey of the sea bed to monitor the sand movement. Attached is the difference plot from the 22 September 2021 (post sand back-passing) to the 11 February 2022 based on the hydrographic surveys, which represents approximately 5 months in time. The sand movement over this time was approximately a net loss of 10,300 m3 of sand.
At the June 2022 Ordinary Council Meeting, Council resolved the following motion.
That Council:
1. Note the update on the Coordinated Bandy Creek Boat Harbour dredging & sand backpassing trial; and
2. Request the Chief Executive Officer to:
a. Seek funding for the installation of a permanent back-passing pipeline and other infrastructure, so that the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing can occur biennially at a significantly reduced cost;
b. Bring a report to Council before accepting any grant funding for permanent back-passing pipeline and other infrastructure, so that Council can make a final determination to proceed with the project, and
c. That the report to Council contains an assessment of the Co-ordinated Bandy Creek Dredging and Sand Back Passing Trial and revised capital and operating financial estimates for the installation of permanent back-passing infrastructure, against the assumptions and recommendations set out in the BMT ESPERANCE BAY – Dredging and Sand Backpassing report dated March 2019.
Since this resolution, the Shire has been informed a Hotspot Coastal Adaptation and Protection grant of $750,000 has been approved for the Esperance Bay - Castletown Sand Back-Passing Infrastructure. See attached letter of offer. It should be noted, the Shire has been advised we need to enter into the agreement as soon as possible, as the project delivery timeframes are very tight.
BMT have also have provided an assessment of the Co-ordinated Bandy Creek Dredging and Sand Back Passing Trial and revised capital and operating financial estimates for the installation of permanent back-passing infrastructure, against the assumptions and recommendations set out in the BMT Esperance Bay – Dredging and Sand Backpassing Development report March 2019 as requested by Council. See attached Technical Note.
Officer’s Comment
To summaries the BMT Technical Note, the key points are:
· The trial pumped 41,400m3 of sand, however only 18,000m3 was retained post nourishment survey. This was due to a number of factors that can be significantly improved in future sand backpassing operations with tweaks to:
o Improving the booster pump locations
o Slurry discharge is done through a bund and swale approach
o Only backpassing the courser sands, mainly found in the outer harbour
o Consider stockpiling excess sand
· The sand lost over 5 month post the trail was 10,300 m3
· The operational costs comparison per m3 of renourishing sand to the site are:
o The backpassing trial cost $20.17/ m3
o Sand renurishment via trucks cost $14.67/ m3
o Future backpassing using permanent infrastructure likely cost $10.13/ m3
· The Capital costs for the project that the Shire have budgeted for are in line with the costs in the Dredging and Sand Backpassing Development report.
· The Department of Transport are in the final stages of awarding a new dredging contract, likely to be changing the dredging contractor, they will need to be liaised with as a key stakeholder.
· The Esperance Bay Dredging and Sand Backpassing Development Report assumptions and recommendation generally remain valid subject to the following:
o The beach profile requires refining based on the outcomes from the trail
o The permanent pipeline location of the pipe should not be along the toe of the dune.
o Three booster pumps are most likely required over the two proposed in the Development Report
o The permanent pipeline is developed / refined in collaboration with key stakeholders.
Looking back at the original Esperance Bay Coastal Erosion Options Report 2018, noting that the financial figures in the report will have changed, in particular the capital cost given the significant increase in the building and construction costs over the past 24 months. The Coordinated BCBH dredging & sand back-passing would still come out as the preferred option in the multi-criteria analysis even given there is now a CAPEX component to this option.
In committing to the Esperance Bay sand backpassing infrastructure Council should consider:
1. The BMT Technical Note has assessed the trial information and revised capital and operating cost and concluded the in general the assumptions and recommendation from the original Dredging and Sand Backpassing Development have remained the same, subject to some consideration to improve the system based on the trail; and
2. The Department of Transport has assessed the project proposal and recommended it to be approved for funding, this has then been endorsed by the Minister. If the project didn’t stack up it is very unlikely the State would have invested financially into the project.
3. By continuing the sand renourishment in the most sustainable way possible the Coordinated BCBH dredging & sand back-passing offers a low risk, proven solution that replaces longshore sediment transport net loss in the Esperance Bay.
4. There would be nothing stopping the Shire in the future value adding to this solution i.e. adding a reef breakwater to reduce the net sand loss.
If Council choose not to proceed with the Coordinated BCBH dredging & sand back-passing, the Shire will have to default back to sand renourishment via trucks for the short to medium term to protect infrastructure and then look at hard infrastructure for medium to long term. It should be noted that hard infrastructure will not deal with the net sand loss within the Esperance Bay.
If Council choose to proceed with the Esperance Bay sand backpassing infrastructure, we will be require to negotiate a collaborative operational framework between the Shire and DoT, setting out management and funding arrangements for the future use of the infrastructure during dredging and sand back-passing activities i.e. proportioning costs and operating tasks for the ongoing use.
1.
Consultation
Department of Transport
BMT
Financial Implications
The financial implications arising from this report are contained within the existing budget allocation for the Sand Back-Passing Infrastructure, being a $1.45m project funded via a $750,000 grant and $700,000 allocation from the Shire.
Asset Management Implications
The asset management implication are detailed in the table below.
|
Capital |
Annual |
Comments |
Capital |
$1.45M |
|
|
Interest (economic cost) |
|
$28,000 |
4% pa on the Shire portion only |
Depreciation (ongoing costs) |
|
$29,000 |
Over 50 years |
Maintenance (ongoing cost) |
|
$10,000 |
|
Operation (ongoing cost) |
|
$202,500 |
$405,000 every 2 years |
|
|
$269,500 |
Per year |
It should be noted to undertake the operation as per the status quo (i.e. using trucks) the annual cost would be $293,400
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Planet - Outcome 4. The natural environment is valued, protected and enjoyed
Objective 4.1. Sustainably care for, preserve and enhance natural habitats.
Priority Project 4.1.6. Evaluate the sand back-passing trial at Bandy Creek Boat Harbour to establish if this solution will help to manage beach erosion in Esperance Bay.
Environmental Considerations
The Coordinated BCBH dredging & sand back-passing will significantly reduce the amount of virgin sand required to maintain the erosion buffer along Castletown Quays, in essence it will be recycling the sand to manage the Esperance Bay ongoing erosion.
a⇩. |
Report - Esperance Bay - Dredging and Sand Backpassing Development - March 2019 |
|
b⇩. |
Letter - 2022-23 H-CAP Marjor Project Fund |
|
c⇩. |
Technical Note - Castletown Beach Back Passing |
|
Suspension of Standing Orders |
Seconded: Cr de Haas
That Standing Orders be suspended to allow for discussion of item 6.1. F9 - A0 |
|
Resumption of Standing Orders |
Seconded: Cr Obourne
That Standing Orders be resumed. F9 - A0 |
|
RECOMMENDATION AND DECISION
Special Council: Minutes
11 October 2022 Page 69
7. CLOSURE
The President declared the meeting closed at 4.00pm.
These Minutes were confirmed at a meeting held on _____________________
Signed ________________________________________
Presiding Member at the meeting at which the Minutes were confirmed.
Dated_____________________