Ordinary Council: Minutes

22 November 2022                                                                                                                       Page 1

 

 

 

 

 

 

 

 

 

 

 

 

 

Shire of Esperance

 

Ordinary Council

Tuesday 22 November 2022

MINUTES

 

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                       Page 2

 

 

 

 

 

DISCLAIMER

 

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

 

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

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

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

 

ATTACHMENTS

 

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

 

 

RECORDINGS

 

The Meeting will be live streamed. The recording will be made publicly available as soon as practical following the meeting.


Ordinary Council: Minutes

22 November 2022                                                                                                                       Page 3

Table of Contents / Index

ITEM                                                                                                                                                                                                            

NO.      ITEM HEADING                                                                                                                                                                PAGE

 

1.         OFFICIAL OPENING   5

2.         ATTENDANCE  5

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  5

4.         APPLICATIONS FOR LEAVE OF ABSENCE  6

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   6

6.         DECLARATION OF MEMBERS INTERESTS  6

6.1      Declarations of Financial Interests – Local Government Act Section 5.60a  6

6.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  6

6.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  6

7.         PUBLIC QUESTION TIME  7

8.         PUBLIC ADDRESSES / DEPUTATIONS  7

9.         Petitions  7

10.      CONFIRMATION OF MINUTES  8

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   8

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  10

12.1   External Services  10

12.1.1     Development Application - Single House, Oversized Outbuilding (Shed), Retaining Walls and Associated Works - Lot 10 (27A) Westmacott Street, Castletown  10

12.1.2     Flinders Subdivision Redesign  20

12.2   Asset Management  23

12.2.1     Request for Jetty Timbers - Esperance Christian Family  23

12.2.2     Old Salmon Gums Hall 37

12.3   Corporate & Community Services  41

12.3.1     Financial Services Report - November 2022  41

12.4   Executive Services  89

12.4.1     Review of Beam e-Scooter Trial 89

12.4.2     WALGA Best Practice Governance Review   96

12.4.3     Vacant Land for Sale by Tender 141

12.4.4     Scaddan Country Club Building Upgrade  149

12.4.5     Information Bulletin - November 2022  153

13.      Reports Of Committees  198

14.      Motions of which Notice has been Given   198

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  198

16.      Urgent Business Approved by Decision   198

17.      Matters behind Closed Doors  199

17.1   Supply, Delivery and Licencing of 2022-23 Tip Truck  199

17.2   Expression of Interest - Blue Waters Lodge  199

18.      PUBLIC QUESTION TIME  201

19.      CLOSURE  201

 


Ordinary Council: Minutes

22 November 2022                                                                                                                       Page 5

 

 

SHIRE OF ESPERANCE

 

MINUTES

 

Ordinary Council Meeting HELD IN Council Chambers ON
22 November 2022.

COMMENCING AT 4pm

 

1.       OFFICIAL OPENING

 

The Shire President declared the meeting open at 4.02pm and did an acknowledgement to country.

 

The Shire of Esperance acknowledges the Kepa Kurl Wudjari people of the Nyungar nation and Ngadju people who are the Traditional Custodians of this land and their continuing connection to land, waters and community. We pay our respects to Elders past, present and emerging and we extend that respect to other Aboriginal Australians today.

 

The President welcomed Councillors, staff, guests and members of the public to the meeting, and reminded them that the meeting is live streamed.

2.       ATTENDANCE

 Members

Cr I Mickel, AM JP                            President                  Rural Ward

Cr J O’Donnell                                                                   Town Ward

Cr S McMullen                                                                   Town Ward

Cr 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

Mr S Stock                                        Acting Director Corporate & Community Services

Mr R Hindley                                     Manager Strategic Planning & Land Projects

Miss E Hegney                                 Executive Assistant

Ms C Smith                                       Manager Media and Communications

Members of the Public & Press

Mr T Gray                                         Item 7

Miss E Smith                                     Media – ABC

Miss Y Li                                           Media – Esperance Weekender                

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr R Chambers                                          Deputy President            Town Ward

Miss E Godwin                                 Trainee Administration Officer

Mrs F Baxter                                     Director Corporate & Community Services

 


 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved:           Cr O'Donnell

Seconded:     Cr Obourne

O1122-179

That Council accept the following leaves of absence:

      Cr de Haas              2 December and 8 to 12 December 2022

      Cr Chambers          20 to 22 November 2022

      Cr O’Donnell          8 to 11 and 22 to 27 December 2022

CARRIED

F8 - 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

Nil

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

Nil

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Horan declared an impartiality interest in item 17.2 as he is a member of the organisation which has applied for consideration.

Cr McMullen declared an impartiality interest in item 17.2 as he is a member of the organisation which has applied for consideration.

Cr O’Donnell declared an impartiality interest in item 17.2 as she is a member of the organisation which has applied for consideration.

Cr Flanagan declared an impartiality interest in item 17.2 as he is a member of the organisation which has applied for consideration.

Cr Mickel declared an impartiality interest in item 17.2 as he is a member of the organisation which has applied for consideration.

Cr Graham declared an impartiality interest in item 17.2 as he is a member of the organisation which has applied for consideration.

Cr Obourne declared an impartiality interest in item 17.2 as she is a member of the organisation which has applied for consideration, and it item 12.2.1 as she attends the Esperance Christian Family Church.


 

7.       PUBLIC QUESTION TIME

1.         Mr Gray – Road Safety follow up questions

Mr Gray notes his initial questions about road safety and the corresponding answers which were published in the Ordinary Council Meeting Minutes for August 2022. He noted that all significant report for road safety should go to council and that there should be a clear system in place for this.

 

Mr Burge responded that significant reports are provided to Council through budget briefings, individual briefings and the Ordinary Council Meeting Agenda.

 

Mr Gray asked why there is not a policy around this, especially in relation to road safety. He noted that the original answers from the Council Meeting in August reference a risk matrix and asked if this is publicly available.

 

Mr Burge responded that this risk matrix is part of council policy and is readily available with all council policies on our website.

 

Mr Gray asked what formal steps there are in place at the Shire for dealing with Main Roads and working with them on road issues.

 

Mr Walker responded that we have a great working relationship with Main Roads and their regional officer Shane Power, who works in with our Shire Officers and Directors/CEO where needed.

 

Mr Burge also responded that road Safety Audits are done in conjunction with Main Roads so that they are fully across the issues.

 

Mr Walker clarified that if there is a report which is relevant to any road safety authority then they are provided with a copy of that road safety audit.

 

Mr Gray asked what policy the Shire has for the in response to the Road Safety Strategy for WA 2020-2030, sometimes referred to as Vision Zero?

 

Mr Walker responded that the WA Government has created a Road Safety Strategy and that the Shire is also working with our Road Safety Group in order to address this strategy. The Shire is also in the process of building resources to be able to tackle some of the issues raised in the State Strategy.

 

Mr Gray asked if there is a timeline for this work.

 

Mr Walker responded that the Regional Road Group is meeting to discuss this early next year, and the Shire is working through creating our own strategy in line with Vision Zero, however an overall lack of internal resources has hindered the commencement creating these resources ourselves.

 

Mr Mickel also responded that Council is advised by staff of any policy updates and briefed where required as we work through them with Main Roads. He also committed to getting  clear lie of sight on these issues moving forward, wanting to ensure that there are correct processes in place with regards to road safety.

8.       PUBLIC ADDRESSES / DEPUTATIONS

Nil

 

9.       Petitions

Nil

 

 

10.     CONFIRMATION OF MINUTES

 

Moved:           Cr de Haas

Seconded:     Cr O’Donnell

O1122-180

That the Minutes of the Ordinary Council Meeting of the 25 October 2022 be confirmed as a true and correct record.

CARRIED

F8 - A0

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

15 Nov        Visited Small Business Friendly Program

17 Nov        Attended Esperance Art Awards

20 Nov        Assisted at the Shire Stall at the Museum Village Markets

 

Cr Flanagan

22 Nov        Attended RAC Proposal Presentation

 

Cr O’Donnell

24 Oct         Attended Senior Citizen's  AGM

26 Oct         Chaired Museum Working Group Meeting

31 Oct         Provided Meals on Wheels service to Esperance Homecare

31 Oct         Attended the Cruise Esperance 2022 Launch & Cruise Ready Presentation

1 Nov          Participated in WALGA Record Keeping Awareness Training Course

4 Nov          Attended ECCI Brekkie Bites

11 Nov        Attended Remembrance Day Service

22 Nov        Attended RAC Proposal Presentation

 

Cr Graham

1 Nov          Attended Staff Melbourne Cup Luncheon

3 Nov          Attended meeting with Hon Shelley Payne and Hon Rita Saffioti, Minister for Transport

15 Nov        Visited Small Business Friendly Program

22 Nov        Attended RAC Proposal Presentation

 

Cr de Haas

28 Oct         Attended Inter agencies Meeting

                   Attended Homelessness Meeting

29 Oct         Attended ECCI Celebration meeting

31 Oct         Attended the Cruise Esperance 2022 Launch & Cruise Ready Presentation

02 Nov        Attended ECCI Meeting

11 Nov        Attended Remembrance Day Service

17 Nov        Presented Esperance Shire Award at Esperance Art Awards

18 Nov        Participated in Small Business Friendly Program

20 Nov        Assisted at Shire Stall, Museum Village Markets

22 Nov        Attended RAC Proposal Presentation

 

Cr Horan

22 Nov        Attended RAC Proposal Presentation

 

Cr McMullen

Nil to Report

 

 

Cr Chambers

Nil to Report

 

Cr Mickel

26 Oct         Attended Esperance Aged Care AGM

31 Oct         Attended meeting with Horizon Power about the Community Batteries plan

2 Nov          Met with DFES Acting Superintendent

                   Attended Clontarf Awards Night

3 Nov          Attended meeting with Hon Shelley Payne and Hon Rita Saffioti, Minister for Transport

5 Nov          Attended Rotary Club of Esperance 60th Anniversary

6 Nov          Attended Esperance Sport Star of the Year Awards Night

8 Nov          Met with AGO Board of Directors and welcomed them to Esperance

15 Nov        Attended Esperance Liquor Accord meeting

16 Nov        Welcomed the Goldfield Esperance Police District Conference participants to Esperance

                   Met with Police Commissioner Col Blanch to discussed local issues

18 Nov        Attended the GVROC meeting at Laverton

20 Nov        Attended Youth Day on the fore shore

Mr Gray left the Chambers at 4:18pm and did not return.


Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 15

12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1   External Services

Item: 12.1.1  

Development Application - Single House, Oversized Outbuilding (Shed), Retaining Walls and Associated Works - Lot 10 (27A) Westmacott Street, Castletown

Author/s

Peter Wilks

Senior Planning Officer

Authorisor/s

Richard Hindley

Manager Building, Planning and Land Projects

 

File Ref: D22/30761

 

Applicant

Nathan Lang on behalf of G J & J M McCrea

 

Location/Address

Lot 10 (27A) Westmacott Street, Castletown

Executive Summary

That Council consider Development Application 10.2022.5094.1 for a Single House, Oversized Outbuilding (Shed), Retaining Walls and associated works at Lot 10 (27A) Westmacott Street, Castletown.

 

Recommendation in Brief

That Council approve Development Application 10.2022.5094.1 for a Single House, Oversized Outbuilding (Shed), Retaining Walls and associated works at Lot 10 (27A) Westmacott Street, Castletown subject to conditions.

 

Background

A development application for a Single House, Oversized Outbuilding (Shed), Retaining Walls and associated works at Lot 10 (27A) Westmacott Street, Castletown was received by the Shire on 14 September 2022. Lot 10 (27A) Westmacott Street, Castletown is zoned Residential R30 and has a lot size of 1012m2.

 

In accordance with the provisions of Council’s Local Planning Policy: Outbuildings (the Policy), the proposed outbuilding requires referral to Council for determination, with the policy stating: Outbuildings in Residential and Future Residential Zones;

 

Objective

The objective of these development requirements is to achieve a balance between:

• Providing for the legitimate garaging, storage and other domestic needs of people living in residential areas; and

• Minimising the adverse impacts outbuildings may have on the amenity (e.g. peace and quiet), appearance and character of residential neighbourhoods, and on neighbours.

Permitted Uses of Outbuildings

• Must be for legitimate residential purposes.

• Use of outbuildings for commercial/business uses is not permitted except where planning approval has been granted for a home based business.

• Use of outbuildings for human habitation is not permitted.

• An Outbuilding will not be approved until such time as a Dwelling is approved on or developed on the lot.

Setbacks

As per provisions of Local Planning Scheme No. 24 and the Residential Design Codes;

Size

• Maximum area of outbuilding(s) per lot:

o 10% of site area where lot 1000m2 or less;

o 100m2 where lot is greater than 1000m2.

• Maximum wall height – 3.6 metres

• Maximum ridge height – 4.2 metres

Maximum Variation

• 25% for Site Area

• 10% for Wall or Ridge Height

Consultation

Where an application for an outbuilding does not comply with the site and setback provisions referenced above, the application is to be referred to the affected adjoining landowners for comment in accordance with the consultation provisions of the Residential Design Codes.

 

Shire staff are only authorised to approve applications that meet the requirements of legislation and Local Planning Policy.

 

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

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

·        The outbuilding will not reduce the amount of open space required by Table 1 of the Residential Design Codes;

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

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

·        Comments from the affected adjoining landowners.

 

If the Maximum Variation exceeds the requirement outlined in the Policy the matter will be referred to Council.

 

This proposal calls for a new 81m2 Outbuilding (Shed) to be constructed on the property, with a wall height of 4.1m and a ridge height of 4.959m.

 

Under the Policy, a maximum wall height of 3.6m and a maximum ridge height of 4.2m apply, each with a maximum variation of 10% subject to advertising (for a maximum variation of 3.96m wall height and 4.62m ridge height).

In this instance, the applicant proposes an Outbuilding (Shed) with a wall height of 4.1m and a ridge height of 4.96m which requires the consent of Council.

 

Furthermore, the applicant proposes variations to the following:

-        A setback of 1.36m setback to the side boundary where a 1.5m setback requirement applies to the proposed Single House;

-        Up to 1.5m of earthworks within 1m of a common boundary where 0.5m or less of earthworks is normally permitted; and

-        A 1.1m setback for the wall of the proposed Outbuilding to the side boundary where a 1.1m setback requirement applies.

 

The application was subsequently advertised for 21 days between 20 September 2022 and 11 October 2022 to adjoining landowners for setback variations relating to the house, and height variations relating to the Outbuilding. No objections were received.

 

Officer’s Comment

This application could have been determined by offices under delegated authority were it not for the height variations relating to the proposed Outbuilding. Without an objection from the adjoining landowners regarding the side setback variations and earthworks, the proposed Single House and Retaining Walls fall within the Design Principles of the Residential Design Codes.

 

The proposed Outbuilding exceeds the maximum wall height of 3.6m and the maximum ridge height of 4.2m. Outbuilding wall and ridge heights in the Residential zone, including a 10% variation criteria, allows for a wall height of 3.96m and a ridge height of 4.62m subject to advertising. The proposed outbuilding has a wall height of 4.1m and a ridge height of 4.96m which exceed the Maximum Variation criteria.

 

The officer’s recommendation is for approval of the proposed Single House, Oversized Outbuilding (Shed), Retaining Walls and associated works. The variations proposed in relation to the Single House and Retaining Walls are relatively minor and are not out of line with what is expected in the Residential zone.

 

The location and orientation of the proposed outbuilding will minimise impact on the locality and adjoining landowners, as will the high retaining proposed towards the rear of the property which will help screen the Outbuilding from the rear.

 

The applicant’s justification that the proposed Outbuilding is for a combination of domestic storage and storage of a boat and caravan, which requires a larger site area and building height, is considered acceptable.

 

Consultation

The application was advertised for 21 days between 20 September 2022 and 11 October 2022 to adjoining landowners for setback variations relating to the house, and height variations relating to the Outbuilding. No objections were received.

 

Financial Implications

Application fees totalling $1957.00 were received as part of this application.

 

Asset Management Implications

Nil

 

 

 

Statutory Implications

Planning and Development Act 2005

Local Planning Scheme No. 24

Planning and Development (Local Planning Schemes) Regulations 2015

 

Policy Implications

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

 

Strategic Implications

Council Plan 2022 – 2032

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

 

Environmental Considerations

Nil

 

Attachments

a.

Plans

 

 


 

RECOMMENDATION AND DECISION

12.1.1      Development Application - Single House, Oversized Outbuilding (Shed), Retaining Walls and Associated Works - Lot 10 (27A) Westmacott Street, Castletown

Moved:           Cr Obourne

Seconded:     Cr de Haas

O1122-181

Council Resolution

That Council approve Development Application 10.2022.5094.1 for a Single House, Oversized Outbuilding (Shed), Retaining Walls and associated works at Lot 10 (27A) Westmacott 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 (Planning Services).

2.       The land and buildings the subject of this approval shall be used for the purposes of Single House only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definitions as extracted from the Residential Design Codes).

·        Single House – A dwelling standing wholly on its own green title or survey strata lot, together with any easement over adjoining land for support of a wall or for access or services and excludes dwellings on titles with areas held in common property.

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

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

5.       All retaining walls, earthworks and/or associated drainage shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance.

6.       Earthworks are to be in accordance with Australian Standard 3798 Guidelines on Earthworks for Commercial and Residential Developments.

7.       The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

8.       A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

9.       Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

10.     All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

11.     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.

12.     The approved development must be connected to a reticulated water supply provided by a licensed water provider.

13.     Before the approved development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

14.     The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

15.     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 to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

16.     All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

17.     The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division) at developer’s expense.

18.     A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

         The subject land occasionally experiences considerable problems with nuisance and disease carrying mosquitoes. These mosquitoes are known carriers of Ross River (RRV) and Barmah Forest (BFV) viruses. Human cases of RRV and BFV diseases occur in some years in this general locality.

19.     The Section 70A Notification is to be registered on the Certificate of Title prior to the commencement of use with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

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 (Building Services) prior to any works commencing on-site.

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

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

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

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

6.       The 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.

CARRIED

F8 - A0


Ordinary Council: Minutes

22 November 2022                                                                                                                                      Page 19






Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 20

Item: 12.1.2  

Flinders Subdivision Redesign

Author/s

Richard Hindley

Manager Building, Planning and Land Projects

Authorisor/s

Holly Phillips

Director External Services

 

File Ref: D22/31636

 

Applicant

Internal

 

Location/Address

Flinders

 

Executive Summary

For Council to consider a budget amendment for the Flinders Subdivision Redesign.

 

Recommendation in Brief

That Council approve a budget amendment of $100,000 for the Flinders Subdivision Redesign.

 

Background

On 11 October 2022, Councillors received a presentation from planning officers on the status of the Flinders Subdivision (the subdivision). The current subdivision is based on a Structure Plan that was developed in 2005.

 

Stage 1 of the subdivision, comprising 33 Lots, was completed in mid-2004 followed by Stage 2, comprising 89 Lots, in early 2011. The project has two approved unconstructed plans, being Lot 290 (comprising 29 Lots currently under development), and Lots 9002, 9003.

 

The private housing market in Esperance has been severely constrained in recent years presenting barriers to economic growth and development. The Shire has identified the need to engage with stakeholder to development pragmatic solutions to these challenges.

 

The Shire is currently partnering with the Goldfields-Esperance Development Commission to undertake a Housing, Land and Accommodation Study (the study) to understand current and forecast demand scenarios in Esperance over the short to medium term.

 

As a major landholder in Esperance, there is an opportunity for the Shire to undertake a review of the remaining subdivision to ensure that future stages of development align to societal trends and expectations.

 

Officer’s Comment

The study is currently being prepared by Urbis and is anticipated to be delivered in early 2023.

 

The outcomes of the study could be used to guide a subdivision redesign to ensure future development reflects contemporary trends. For instance, current plans typically contain a mixture of residential densities between R15 and R40 however lot sizes are generally not reflective of development trends towards smaller block sizes.

 

 

 

Variations to the approved subdivision plans may require a Local Planning Scheme amendment and no budget is currently allocated to fund outcomes of the study. It is recommended that Council consider a proactive budget amendment to facilitate a review of the design at the conclusion of, or concurrently with, the study.

 

Consultation

Nil

 

Financial Implications

It is proposed the expenditure of $100,000 is allocated from the Land Purchase & Development Reserve, as detailed in the table below:

Description

Budget Figure

Amended Figure

Variation

Flinders Redesign

01-04180-360-405

0

100,000

100,000

Transfer from Land Purchase & Development Reserve

01-04180-955-902

0

(100,000)

(100,000)

Net result

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Section 6.8 Local Government Act 1995.

 

Policy Implications

Nil

 

Strategic Implications

Council Plan 2022 – 2032

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

 

Environmental Considerations

Nil

 

Attachments

Nil


 

RECOMMENDATION AND DECISION

12.1.2      Flinders Subdivision Redesign

Moved:           Cr Flanagan

Seconded:     Cr Horan

O1122-182

Council Resolution

That Council approve a budget variation for the Flinders Subdivision Redesign as per the table below:

Description

Budget Figure

Amended Figure

Variation

Flinders Redesign

01-04180-360-405

0

100,000

100,000

Transfer from Land Purchase & Development Reserve

01-04180-955-902

0

(100,000)

(100,000)

Net result

Nil

 

CARRIED

F8 - A0

 

 

Mr Hindley left the Chambers at 4:26 pm and did not return.


Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 23

12.2   Asset Management

Item: 12.2.1  

Request for Jetty Timbers - Esperance Christian Family

Author/s

Mathew Walker

Director Asset Management

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/30555

 

Applicant

Esperance Christian Family

 

Location/Address

Cnr Norseman and Shelden Roads

 

Executive Summary

For Council to consider the additional request for more Tanker Jetty Timber from Esperance Christian Family for their new Multi-Function Centre.

 

Recommendation in Brief

That Council donates up to 532 lineal metres of Grade 2 Esperance Tanker Jetty Timber to Esperance Christian Family for their new Multi-Function Centre.

 

Background

Esperance Christian Family previously requested 65 lineal metres of Esperance Tanker Jetty Timer in 2021 to be incorporated into their new Multi-Function Centre to be located on the corner of Norseman Road and Shelden Road. At the April 2021 Ordinary Council Meeting, Council considered this request and resolved the following:

That Council

1.    Donates Historic Esperance Tanker Jetty up to Grade 2 Timber to the Esperance Christian Family as per the quantities requested; and

2.    Request the CEO to develop a process for potential uses of the remaining Historic Esperance Tanker Jetty Timber for Council’s consideration.

 

Since this time, the Shire has created a policy, ASS 028: Esperance Tanker Jetty Timber and the building plans for the Esperance Christian Family Multi-Function Centre have further been developed. The revised plans for the Multi-Function Centre now proposes to incorporate more Esperance Tanker Jetty Timber into the design.

 

Request

96 Deck Planks – 4.5m x 225mm x 100mm (432 lineal meters)

11 Double Stringers – 9.1m x 380mm x 350mm (100 lineal meters)

 

 

 

 

 

 

 

 

 

Currently the Shire has approximately the following quantities of timber:

grade 1

grade 2

1935 pile

35

0

toe rail

115

0

deck plank

200

900

single stringer

0

0

double stringer

15

40

single corbel

15

100

double corbel

50

0

half cap

0

80

 

Officer’s Comment

Based on the Shire of Esperance Policy ASS 028: Esperance Tanker Jetty Timber, the applicant is to address the five criteria outlined in the Policy. Esperance Christian Family have addressed the criteria as detailed below:

1.       A sketch or diagram of the use for the timber

See attached concept design

2.       The quantity of timber required, including grade and specimen:

96 Deck Planks – 4.5m x 225mm x 100mm (432 lineal meters)

11 Double Stringers – 9.1m x 380mm x 350mm (100 lineal meters)

3.       The projects connection to the Esperance Tanker Jetty

See attached request

4.       How the project will be accessible to the community

See attached request

5.       Engineering or design certification if being incorporated into a building project

See attached request

 

Based on Esperance Christian Family meeting the requirements of the Policy, the connection and accessibility of the project and the quantities of timber still available, it is recommended the request is approved.

 

Consultation

N/A

 

Financial Implications

There are no direct financial implications arising from this report. Indirectly the estimated value of the donation of timber for the Multi-Function Centre project is $12,150 (Deck Planks $75 each x 96 = $7,200 and Double Stringer $450 each x 11 = $4,950).

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

ASS 028: Esperance Tanker Jetty Timber

 

 

 

Strategic Implications

Council Plan 2022 – 2032

Leadership

Community confidence and trust in Council

Encourage community participation and insight into activities and decisions

 

Environmental Considerations

Nil

 

Attachments

a.

Esperance Christian Family Church -
Concept Design

 

b.

Esperance Christian Family - Request

 

 


 

RECOMMENDATION AND DECISION

12.2.1       Request for Jetty Timbers - Esperance Christian Family

Moved:           Cr Obourne

Seconded:     Cr McMullen

O1122-183

Council Resolution

That Council donates up to 532 lineal meters of Grade 2 Esperance Tanker Jetty Timber to Esperance Christian Family for their new Multi-Function Centre.

CARRIED

F5 – A3

(Against: Cr de Haas, Cr Graham and Cr Flanagan)

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                               Page 34










Ordinary Council: Minutes

22 November 2022                                                                                                                               Page 36


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Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 37

Item: 12.2.2  

Old Salmon Gums Hall

Author/s

Mathew Walker

Director Asset Management

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/32850

 

Applicant

Internal

 

Location/Address

Reserve 20438, Coolgardie-Esperance Hwy, Salmon Gums

 

Executive Summary

For Council to consider formalising the plan for the old Salmon Gums Hall that was communicated at community meeting held on the on 27th September 2022.

 

Recommendation in Brief

That Council:

1.       Proceed with the demolition of the old Salmon Gum Hall, Hall and Stage components;

2.       Proceed with the refurbishment of the Dundas Roads Board building; and

3.       Consider a budget allocation in 2023/24 for the upgrade of the park and rest stop.

 

Background

The Old Salmon Gums Hall is made up of three components, the Dundas Roads Board building which was constructed in 1933, the original hall extension constructed in 1940’s-50’s and a further extension for a stage in the 1980’s. Only the Dundas Roads Board component is listed in our Local Heritage Survey Second Edition. Since the construction of the new Salmon Gums Community Centre in 2015, the Old Salon Gums Hall has sat vacant, albeit the front room has been used by the Salmon Gums CWA for a few years since 2015. The current condition of the Old Salmon Gums Hall is in a poor to very poor state and would require significant investment to bring it back to a reasonable standard.

 

The Shire has a Policy of financially supporting one community hall / centre per satellite community as per Policy ASS 029: Reserve Funding for Community Halls. Since the construction of the new Salmon Gums Community Centre in 2015, the Shire has not support this building as it is still providing support to the Old Salmon Gums Hall, albeit the bare minimum, that has not been used. Given the Old Salmon Gums Hall had not been used since 2015, in the 2018/19 Annual Budget, Council allocated funding for the demolition of the Hall and Stage components of the building only, leaving Dundas Roads Board building to be restored due to its heritage value.

 

In 2020 when Shire Officers were about to commence the demolition of the Hall and Stage, the community requested a meeting with Council to save the old Salmon Gums Hall. Council held a meeting on the 1st July 2020 with the community, where it was decided to stop work for 12 months to give time to the community to develop a plan to retain the Hall or come up with an alternative. Since this time the Shire has received no plan or alternative for the old Salmon Gums Hall from the community.

 

At the community meeting held in Salmon Gums on 27th September 2022, no further formal proposal was presented to Council regarding the old Salmon Gums Hall. It was then communicated to those at the meeting the Shire will continue with the plan to demolish the Hall and Stage components of the Old Salmon Gums Hall and refurbishing the Dundas Roads Board component.

 

Adjacent to the Old Salmon Gums Hall in the park, the Shire has recently constructed a replica railway tank stand and relocated the railway tank on to the new stand given the old tank stand was failing and have installed a new playground. Shire Offices have also developed a plan for the surrounding park areas of the Old Salmon Gums Hall to make it more attractive area and rest stop, see attached plan.

 

Officer’s Comment

Shire Officers and Councillors have undertaken extensive consultations around the Old Salmon Gums Hall. No formal proposals form the Salmon Gums Community have been presented to Council as requested. From the option that was briefly discussed at the community meeting regarding the possible relocation of the building. Shire Officers consider this option is not prudent or feasible due to the current condition of the building, that when you relocate a building you are required to bring the building up to current building standards and you would lose significant heritage value of the Dundas Roads Board building.

 

It recommends Council formally resolve the plan for the Old Salmon Gums Hall that was communicated at community meeting held on the on 27th September 2022.

 

Consultation

Salmon Gums Community Meetings

 

Financial Implications

The financial implications arising from this report are included in the annual budget

 

Asset Management Implications

Removing an unused building will lower asset base and reduce our ongoing asset management implications.

 

Statutory Implications

Nil

 

Policy Implications

ASS 029: Reserve Funding for Community Halls

 

Strategic Implications

Council Plan 2022 – 2032

Built Environment

Provide infrastructure and places that support the services we provide

Maintain the Shire’s robust asset management practices and maintenance programs

 

Environmental Considerations

Nil

 

Attachments

a.

Salmon Gums Park - Concept Plan

 

 


 

RECOMMENDATION AND DECISON

12.2.2      Old Salmon Gums Hall

Moved:           Cr Graham

Seconded:     Cr O'Donnell

O1122-184

Council Resolution

That Council:

1.       Proceed with the demolition of the Old Salmon Gum Hall, Hall and Stage components;

2.       Proceed with the refurbishment of the Dundas Roads Board building; and

3.       Consider a budget allocation in 2023/24 for the upgrade of the Salmon Gums park and rest stop.

CARRIED

F8 - A0

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                               Page 40


 


Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 41

12.3   Corporate & Community Services

Item: 12.3.1  

Financial Services Report - November 2022

Author/s

Beth O'Callaghan

Manager Financial Services

Authorisor/s

Felicity Baxter

Director Corporate & Community Services

 

File Ref: D22/32308

 

Attachments

a.

Monthly Financial Report - October 2022

 

 


 

RECOMMENDATION AND DECISION

12.3.1     Financial Services Report - November 2022

Moved:           Cr de Haas

Seconded:     Cr Flanagan

O1122-185

Council Resolution

That Council receive the attached report entitled Monthly Financial Services Report (incorporating the Statement of Financial Activity) for the month of October 2022.

CARRIED

F8 - A0

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                               Page 51


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Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 89

12.4   Executive Services

Item: 12.4.1  

Review of Beam e-Scooter Trial

Author/s

Trevor Ayers

Manager Community & Economic Development

 

Neroli Logan

Manager Development and Statutory Services

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/31591

 

Applicant

Beam Mobility Australia Pty Ltd

 

Location/Address

 

Executive Summary

For council to consider issuing a Local Government Property Permit for Beam Mobility Australia Pty Ltd.

 

Recommendation in Brief

That Council approve the Local Government Property Permit No: 22-056 as per Attachment A.

 

 

 

Background

Beam Mobility approached the Shire of Esperance last year looking to set up e-scooter hire operations. Council decided they were happy to proceed on a trial basis for the first year with a view to making a longer term decision after reviewing this trial period (as per the resolution from the Ordinary Council meeting of 23 November 2021 below:

That Council;

1.       Approve the Street Traders permit application from Beam Mobility for the hire of electric scooters subject to the following conditions:

a.      Operational Plan to be provided to, and approved by Manager Development & Statutory Services and complied with during use. This includes:

i.        Pick-up and Drop off locations; and,

ii.       Exclusion zones.

b.      All equipment, electric scooters are to be returned to pick-up/drop-off locations and it is the Licensee’s responsibility to ensure any that have not been, are collected and redistributed in line with the Operational Plan. Non-compliance with this may result in impoundment by Shire Ranger staff.

c.      Compliance with the Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016;

d.      Compliance with Shire of Esperance Council Policy Trading in Public Places;

e.      Compliance with Shire of Esperance Council Policy Advertising Signage in a Thoroughfare or Public Place

f.       Walkways, Driveways and carparks are not to be obstructed;

g.      No posters or promotional material are to be affixed to any structure, plant or wall;

h.      People are to be allowed to go about their business without harassment or coercion;

i.        The Permit holder is responsible for any restitution of the permitted trading areas as a result of their activities;

j.        All trading areas are to be left in a neat and tidy condition;

k.      Due to Shire Roadworks, maintenance and/or construction or events that may occur around at any time throughout the year, trading days and times at some locations may not be possible for the duration of such works or event. The Shire may vary Street Trading Licence conditions at any time.

l.        Current Public Liability Insurance; and,

m.     Permit period is valid until 31/12/2022;

2.       Delegate authority to the CEO to negotiate the exact land areas with Beam Mobility and make any minor amendments to the conditions required to finalise the trader’s permit. And,

3.       Delegate authority to the CEO to amend trading locations at any time throughout the duration of the Traders Permit.

 

This initial twelve month period is now coming to an end and Beam have provided an overview through to the end of September 2022:

Total number of trips – 87,487

Kilometres travelled – 222,965

Distinct users – 13,298

 

Officer’s Comment

Beam Mobility have been good to deal with since the trial commenced, receptive to feedback and generally quick to respond. During the trial period there have been several instances of requests being responded to quickly including:

·        Placing a slow speed restriction on the jetty headland area and extending the slow speed area further along Dempster Street down to McDonalds.

·        Ensuring the Pump Track was identified as a no go area as soon as it was opened.

·        Placing no parking zones outside residential homes on request.

·        Changing the Greater Sports Ground to a no-go zone during the Esperance Show.

 

Beam have also approached the Shire regarding changing operations where they believe it will improve the service including:

·        Adding the path along Sims Street into the network to enable people commuting from Nulsen to Chadwick to have a more direct route (based on usage data Beam were seeing).

·        Increasing the coverage through residential areas – again based on usage data.

 

Ongoing improvements to safety are also occurring, with Beam advising that they have recently implemented a cognitive function within the App as a measure to combat people looking to use scooters when affected by alcohol as well as identified “go slow” areas where there is high interaction between pedestrians and scooter riders.

 

Over the past 12 months we have only received 3 formal complaints in relation to BEAM and these have predominantly been around safety concerns as well as various service requests due to scooters being left in an untidy manner.

 

Beam have advised that Esperance has the highest per scooter utilisation across their Australia/New Zealand network with significantly higher than expected commute use. The limited availability of public transport options is likely to have a substantial impact on this.

 

In the officers opinion Beam Scooters has had a positive tourism and economic development impact upon Esperance. There has been a large number of positive comments around the initiative which has been particularly popular in Esperance.

 

Consultation

Beam Mobility provided a briefing to Council on the trial in October (Attachment B).

 

The Esperance Police have provided information as part of the Roadwise Committee (Attachment C).

 

Esperance Hospital advised that “there has been an increase in the number of electric scooter injuries but this has not greatly impacted the Emergency Department and there have only been a few admissions to the inpatient unit from injuries related to electric scooters.”

 

Financial Implications

The financial implications of Beam Mobility Australia Pty Ltd continuing to operate in the Shire of Esperance is in accordance with the 2022/23 Fees and charges for an activity trading on the Shire thoroughfares and property. The annual fee for this commercial activity class 1 is currently $816.00 inclusive of GST. 

 

Asset Management Implications

Nil

 

Statutory Implications

The statutory implications associated with this item are:

·        Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016

·        Western Australian Road Traffic Code 2000

 

Policy Implications

The policy implications arising from this report are:

·        Trading in Public Places

·        Advertising Signage in a Thoroughfare or Public Place

 

Strategic Implications

Council Plan 2022 – 2032

Growth And Prosperity

Support our businesses to grow, adapt and assist in building capacity

 

Environmental Considerations

Nil

 

Attachments

a.

Traders Permit - Beam

 

b.

Beam Report on Trial Period (Confidential)

 

c.

Police Submission

 

 


 

RECOMMENDATION AND DECISION

12.4.1     Review of Beam e-Scooter Trial

Moved:           Cr McMullen

Seconded:     Cr Obourne

O1122-186

Council Resolution

That Council approve the Local Government Property Permit No: 22-056 as per Attachment A.

CARRIED

F8 - A0

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                               Page 94


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Ordinary Council: Minutes

22 November 2022                                                                                                                     Page 96

Item: 12.4.2  

WALGA Best Practice Governance Review

Author/s

Shane Burge

Chief Executive Officer

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/31603

 

Applicant

WALGA

 

Location/Address

N/A

 

Executive Summary

This report is for Council’s consideration of the preferred governance model for the consultation that WALGA are currently undertaking. 

 

Recommendation in Brief

That Council advise WALGA that the preferred governance model is Option…. and the remaining options are ranked.

 

Background

WALGA is currently conducting a best practice governance review to ensure WALGA’s governance and engagement models are contemporary, agile and maximise engagement with members.

 

WALGA is seeking member feedback in the form of a Council decision on the governance model options presented in the consultation paper by the 23 December 2022.

 

The best practice governance review commenced in March 2022 when a steering committee was established to guide the review. A background paper (Attachment A) was developed that compared WALGA to equivalent representative bodies from around Australia as well as comparing similar organisations and their governance model. 

 

Officer’s Comment

A consultation paper (Attachment B) was developed which outlines five governance options and compares each option to a set of principles.

 

Member Local Governments are asked to consider the consultation paper along with the governance model options put forward and provide a Council endorsed position to WALGA.

 

It is suggested that Councils endorse a preferred model and provide a ranking in terms of an order of preference.

 

WALGA will consider the outcomes of the consultation with a final report and recommended direction proposed for the March 2023 State Council meeting. 

 

It is in the officers opinion that Option 1- Two Tier Model, Existing Zones is the best of the governance models to meet Governance Principles whist streamlining the Board and allowing input by member zones on policy and advocacy in a similar manner that is currently happening.

 

 

Consultation

WALGA is conducting the consultation with member Local Governments with a view to gain consensus around the proposed governance model.

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Council Plan 2022 – 2032

Performance - Outcome 15. Operational excellence and financial sustainability

Objective 15.1. Provide responsible, agile and innovative planning and resource management.

Priority Project 15.1.1. Review and implement initiatives to improve internal business efficiencies and service delivery (such as more online services and digital forms).

 

Environmental Considerations

Nil

 

Attachments

a.

Background Paper

 

b.

Governance Models

 

 


 

RECOMMENDATION AND DECISION

12.4.2      WALGA Best Practice Governance Review

Officer Recommendation

That Council advise WALGA that the preferred governance model is Option …… and the remaining options ranked in the following order-

·     Option ……

·     Option ……

·     Option ……

·     Option ……

 

MOTION

Moved:           Cr O'Donnell

Seconded:     Cr de Haas

O1122-187

Council Resolution

Council That Council lay this matter on the table until the December Ordinary Council meeting in order to give time for a briefing from WALGA in regards to the various options.

 

CARRIED

F8 - A0

 Reason: Council has a deadline of the 23rd December to reply to WALGA and therefore there is time to take WALGA up on the training/briefings they have offered.

 

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                                    Page 118


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Ordinary Council: Minutes

22 November 2022                                                                                                                                    Page 140


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Ordinary Council: Minutes

22 November 2022                                                                                                                   Page 141

Item: 12.4.3  

Vacant Land for Sale by Tender

Author/s

Trevor Ayers

Manager Community & Economic Development

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/31711

 

Applicant

Internal Report

 

Location/Address

See Attachments A, B, C & D

 

Executive Summary

Approval is sought to proceed to tender for a number of vacant lots of land, with any lots that don’t receive an offer through the tender process to continue to be sold via Chief Executive Officer (CEO) delegation for a further six-month period.

 

Recommendation in Brief

That Council:

1.   Direct the CEO to advertise all unsold lots within Flinders Stage 2 and Shark Lake Industrial Park along with Lots 861 and 862 Hockey Place and Lot 1035 Voile Lane (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2.   Confirm it believes that the valuations previously received from Opteon Property Group for the Hockey Place Lots in February 2017 and Heron Todd White Esperance for the Flinders Stage 2 lots in February 2020, Voile Lane property in May 2021 and Shark Lake Industrial Park properties in June 2021 form the basis of reserve pricing for the purpose of evaluating public tenders received.

3.   Relist all lots that don’t receive an offer through the tender process.

4.   Delegate authority to the CEO to negotiate and accept offers on these listed properties.

 

Background

The current delegated authority to the CEO to accept offers on identified vacant lots is due to expire in November.

Delegated authority to the CEO can only be provided for a maximum of 6 months following a tender or auction process being undertaken. In the event that a delegation isn’t provided all negotiations require Council Decisions for each stage of the negotiation. This obviously has the potential to both make negotiations a lengthy and drawn out process as well as resulting in it playing out in the public domain. Neither of these outcomes is generally conducive to attracting purchasers.

There is currently a total of 2 lots available for sale in Flinders, 17 lots in Shark Lake Industrial Park, two lots in Hockey Place and lot 1035 Voile Lane.

Officer’s Comment

Submissions are rarely received for tenders issued for vacant land, especially in the situation where all lots have previously been available for purchase, as all of these have. This recommendation removes the need for Council to reconsider these lots prior to them being re-listed with real estate agents unless a submission is received. In the event that one or more tender submissions is received, this recommendation will allow all lots not involved in a submission to be listed with real estate agents while the tenders are being considered, minimising the time the lots are off the market.

There is currently significant interest in the Shark Lake Industrial Park properties, with two having settled so far this financial year and another seven under contract and due to settle by the end of January 2023.

It has been recommended that Council continue to rely upon the licensed valuations obtained from Opteon Property Group in February 2017 Attachment H) for the Hockey Place lots and Heron Todd White in February 2020 (Flinders – Attachment E), May 2021 (Voile Lane – Attachment G) and June 2021 (Shark Lake Industrial Park – Attachment F), [as allowed under s3.58 (4)(c)(ii)] as there has been little change in the market in the intervening time.

While the valuation on the two Hockey Place properties is now 5 years old, it is proposed to delay updating it until the next stage of Flinders is constructed (providing the lots haven’t sold) as there is no longer valuation services available in Esperance. The current expectation is that the new Flinders lots will be valued in the first half of 2023, with all remaining unsold lots also updated at the same time.

 

Consultation

Thorp Realty and The Professionals currently act as selling agents on these properties. Regular contact with representatives from both agencies regarding the local market is maintained.

 

Financial Implications

Income from any sale of land is placed in the Land Development reserve to ensure that income from the sale of land assets doesn’t get utilised on an operational expense or depreciating asset as per the intent of the Land Asset policy and procedures.

 

Asset Management Implications

Sale of these lots removes the Councils obligations to maintain them.

 

Statutory Implications

The statutory implications associated with this item are contained within:

Local Government Act 1995

Section 3.58 – Disposing of Property

 

Policy Implications

Sale of non-strategic freehold land and placement of fund in reserve for future land development or acquisition of strategic land is consistent with the Councils Public Land Asset Strategy.

 

Strategic Implications

Council Plan 2022 – 2032

Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future.

 

Environmental Considerations

Nil

 

 

 

 

 

 

 

 

 

Attachments

a.

Available Lots - Shark Lake Industrial Park

 

b.

Available Lots - Flinders

 

c.

Available Lots - Hockey Place

 

d.

Available Lot - Voile Lane

 

e.

Valuation - Flinders - Confidential

 

f.

Valuation - Shark Lake Industrial Park - Confidential

 

g.

Valuation - Voile Lane - Confidential

 

h.

Valuation - Hockey Place - Confidential

 

i.

Listing and Sale Prices - Confidential

 

 


 

RECOMMENDATION AND DECISION

12.4.3      Vacant Land for Sale by Tender

Moved:           Cr de Haas

Seconded:     Cr Flanagan

O1122-188

Council Resolution

That Council;

1.       Direct the CEO to advertise all unsold lots as detailed below at 3. (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2.       That the valuations previously received from Opteon Property Group for the Hockey Place Lots in February 2017 and Heron Todd White Esperance for the Flinders Stage 2 lots in February 2020, Voile Lane property in May 2021 and Shark Lake Industrial Park properties in June 2021 form the basis of reserve pricing for the purpose of evaluating public tenders received.

3.       Relist all lots that don’t receive an offer through the tender process at the following prices:

LOT

SIZE (SQM)

Listing Price

Lot 1035 Voile Lane, Castletown

1830

$300,000

Flinders

226

766

$175,000

266

768

$180,000

Hockey Place

861

567

$170,000

862

571

$175,000

Shark Lake Industrial Park

20

6,909

$95,000

21

3,166

$55,000

122

7,284

$99,000

123

4,498

$75,000

124

27,066

$199,000

125

8,782

$115,000

26

29,445

$220,000

128

31,986

$240,000

129

14,896

$165,000

130

14,884

$165,000

131

4,212

$70,000

33

16,740

$175,000

36

16,142

$170,000

37

15,969

$170,000

41

9,559

$120,000

42

6,963

$95,000

43

5,750

$85,000

44

4,936

$80,000

 

4.       Delegate authority to the CEO to negotiate and accept offers on these listed properties at or above the Minimum Acceptable Sale Price identified in the schedule within Attachment I (Listing and Sale Prices).

CARRIED

F8 - A0

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                                    Page 145


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Ordinary Council: Minutes

22 November 2022                                                                                                                             Page 146



Ordinary Council: Minutes

22 November 2022                                                                                                                             Page 147


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Ordinary Council: Minutes

22 November 2022                                                                                                                             Page 148


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Ordinary Council: Minutes

22 November 2022                                                                                                                   Page 149

Item: 12.4.4  

Scaddan Country Club Building Upgrade

Author/s

Shane Burge

Chief Executive Officer

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/31820

 

Applicant

Scaddan Country Club

 

Location/Address

Scaddan

 

Executive Summary

For Council to consider authorizing the Scaddan Country Club to take control of the building extensions for the Scaddan Country Club.

 

Recommendation in Brief

That Council-

1.       Agree that the Scaddan Country Club proposed building extension project is to be undertaken by the Scaddan County Club.

2.       Request the CEO to enter into a funding agreement with the Scaddan Country Club to allow the release of Shire held funds.

3.       Request that Lotterywest reallocate the granted funds towards construction of the Scaddan Community Facility to the Scaddan Country Club.

 

Background

In November 2015 the Scaddan Hall was destroyed by fire. Following an insurance payout for the hall replacement and a generous donation by BHP a decision by the Scaddan Restoration Reference Group was to upgrade and extend the Scaddan Country Club rather than rebuild the hall.

 

The Scaddan Restoration Reference Group has considered a number of design options presented by consultants Cartman Designs. It was agreed to proceed with the extension of the existing Scaddan Country Club option and seek funding.

 

In May 2019 Lotterywest granted the Shire of Esperance $365,000 towards construction of the Scaddan Community Facility. To date this has not been drawn down as no contract has yet been awarded for the construction.   

 

Construction drawings were completed in late 2019, however due to electrical upgrade requirements, it was determined to upgrade the electrical switchboard prior to construction tender so exact costings could be determined.

 

Construction tenders were invited on two separate occasions during 2020 and 2021 however due to COVID and a heated building industry the tender failed to attract any submissions. 

 

Officer’s Comment

The Scaddan Country Club proposed building extension project has been a long and frustrating project for not only the Shire of Esperance but also the Scaddan Country Club. Since completion of the construction drawings in late 2019 the inability to attract a building to undertake the work through the Shire’s tendering process has been frustrating and disappointing.

This issue combined with COVID and stimulus money within the building industry has also seen significant cost escalation which has resulted in the money being held for the project eroded in real terms.

 

The request by the Scaddan Country Club to project manage the building and revise the plans to meet the community requirements and budget is seen as a sensible and proactive approach by the Club.  Community ownership and buy-in with projects such as this is vital in achieving an outcome to meet the community expectation.

 

Lotterywest funding is seen as a risk with this approach as the funding granted by Lotterywest has been allocated to the Shire of Esperance rather than the Scaddan Country Club. It would be appropriate that Council request that Lotterywest consider a scenario that allows the granted funds of $365,000 to remain allocated towards to Scaddan Country Club project.  

 

Consultation

Scaddan Country Club President and members.

 

Financial Implications

$365,000              Lotterywest (not received)

$250,000              BHP (Unspent Grant)

$337,129              Muni (carryover)

$952,129              Total

 

Asset Management Implications

Extensions to the Scaddan Country Club will have financial implications dependent upon what is finally built, however as a guide the current value of the project has been used as a guide.

 

Capital

Annual

Comments

Capital

952,129

 

 

Interest (economic cost)

 

38,085

4% pa

Depreciation (ongoing costs)

 

19,043

Over 50 years

Maintenance (ongoing cost)

 

0

Responsibility of Scaddan Country Club

 

 

 

 

 

 

57,128

Per year

 

Statutory Implications

Nil

 

Policy Implications

The policy implications arising from this report are in line with policy ASS 029: Reserve Funding for Community Halls.

 

Strategic Implications

Council Plan 2022 – 2032

Built Environment

Provide infrastructure and places that support the services we provide

 

Environmental Considerations

Nil

 

Attachments

a.

Scaddan Country Club Request

 

 RECOMMENDATION AND DECISION

12.4.4      Scaddan Country Club Building Upgrade

Moved:           Cr Graham

Seconded:     Cr O'Donnell

O1122-189

Council Resolution

That Council-

1.       Agree that the Scaddan Country Club proposed building extension project is to be undertaken by the Scaddan County Club.

2.       Request the CEO to enter into a funding agreement with the Scaddan Country Club to allow the release of Shire held funds.

3.       Request that Lotterywest reallocate the granted funds towards construction of the Scaddan Community Facility to the Scaddan Country Club.

CARRIED

F8 - A0

 

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                             Page 152


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Ordinary Council: Minutes

22 November 2022                                                                                                                   Page 153

Item: 12.4.5  

Information Bulletin - November 2022

Author/s

Emily Hegney

Executive Assistant

Authorisor/s

Shane Burge

Chief Executive Officer

 

File Ref: D22/32309

 

Applicant

Internal

Strategic Implications

Council Plan 2022-2032

Performance

Outcome 15. Operational excellence and financial sustainability.

Objective 15.1. Provide responsible, agile and innovative planning and resource management.

 

Attachments

a.

Information Bulletin - November 2022

 

b.

Council Priorities Summary – Corporate Performance – October 2022

 

c.

Delegations Discharge – Corporate Resources

 

d.

Community Grants Program 2022/23 - Small Grants - October 2022

 

e.

WALGA Quarterly Report

 

f.

Letter – Hon John Carey MLA

 

 


 

RECOMMENDATION AND DECISION

12.4.5      Information Bulletin - November 2022

Moved:           Cr Flanagan

Seconded:     Cr McMullen

O1122-190

Council resolutionThat Council accepts:

1.       Information Bulletin – November 2022

2.       Council Priorities Summary – Corporate Performance – October 2022

3.       Delegations Discharge – Corporate Resources

4.       Community Grants Program 2022/23 – Small Grants - October 2022

5.       WALGA Quarterly Report

6.       Letter – Hon John Carey MLA

 

CARRIED

F8 - A0

 

 


Ordinary Council: Minutes

22 November 2022                                                                                                                             Page 155


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Ordinary Council: Minutes

22 November 2022                                                                                                                                    Page 188


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Ordinary Council: Minutes

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Ordinary Council: Minutes

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Ordinary Council: Minutes

22 November 2022                                                                                                                   Page 198

 

 

13.     Reports Of Committees

Nil

 

 

14.     Motions of which Notice has been Given

Nil   

 

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

 

 

16.     Urgent Business Approved by Decision

 Nil

 

 

Miss Li and Miss Smith left the Chambers at 5pm  and did not return.


Ordinary Council: Minutes

22 November 2022                                                                                                                   Page 199

17.     Matters behind Closed Doors

Officer’s Comment:

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

 

 

Moving behind closed doors

Moved:           Cr O'Donnell

Seconded:     Cr Graham

O1122-191

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

17.1   Supply, Delivery and Licencing of 2022-23 Tip Truck

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

17.2   Expression of Interest - Blue Waters Lodge

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

 

CARRIED

F8 - A0

 

 

17.1   Supply, Delivery and Licencing of 2022-23 Tip Truck

Moved:           Cr Flanagan

Seconded:     Cr Graham

O1122-192

Council Resolution

That Council:

1.       Accept Request for Quote 0468-22 from WA Truck Centre Pty Ltd for the supply, delivery and licensing of one new 2022-23 8x4 Tip Truck as specified and as per the lump sum price; and

2.       Defer the purchase of T122 Parks and Gardens medium Tip Truck.

CARRIED

F8 - A0

 

 


 

 

17.2   Expression of Interest - Blue Waters Lodge

Moved:           Cr Flanagan

Seconded:     Cr de Haas

O1122-193

Council Resolution

That Council;

1.         Request the CEO to advertise the intention to dispose of Reserve 53801 in accordance with s3.58(3) and (4) of the Local Government Act 1995 and that any written submissions are referred to Council: and

a.      Resolve that the valuation methodology and per square metre rate received in May 2022 for the existing RAC Esperance Holiday Park from AssetVal is believed to be a true indication of the value of reserve 53801.

2.       If no submissions are received at the end of the advertising period, request the CEO to negotiate

a.      An amendment to the existing lease over Reserve 26967 (Lots 316 and 430 Norseman Rd, Castletown) to include Reserve 53801 (Lot 299 Goldfields Road, Castletown) to RAC Parks and Resorts consistent with the Expression of Interest and Proposal for Lease documents received, subject to Department of Planning, Lands and Heritage approval; or

b.        A new lease over Reserve 53801 (Lot 299 Goldfields Road, Castletown) to RAC Parks and Resorts consistent with the Expression of Interest and Proposal for Lease documents received, subject to Department of Planning, Lands and Heritage approval, in the event that the Minister for Lands is unwilling to approve an amendment to the existing lease over Reserve 26967.

CARRIED

F8 - A0

 

 

Coming from behind closed doors

Moved:           Cr McMullen

Seconded:     Cr de Haas

O1122-194

That the meeting come from behind closed doors.

 

CARRIED

F8 - A0

 

 

The Presiding Member read aloud the above Resolutions.


Ordinary Council: Minutes

22 November 2022                                                                                                                   Page 201

 

18.     PUBLIC QUESTION TIME

Nil Questions

 

19.     CLOSURE

 

The President declared the meeting closed at 5.18pm.

 

 

 

 

These Minutes were confirmed at a meeting held on _____________________

 

 

 

 

Signed ________________________________________

 

Presiding Member at the meeting at which the Minutes were confirmed.

 

Dated_____________________