Shire of Esperance

 

Ordinary Council

Tuesday 25 January 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

 

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  6

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     FOGO Implementation Options and Communications and Engagement Strategy  10

12.1.2     Myrup Community Drop Off and Waste Management Transfer Station - Detailed Concept Design  14

12.1.3     Development Application - Change of Use - Dwelling to Holiday House - Lot 1000 (25) Twilight Beach Road, West Beach  19

12.1.4     Development Application - Change of Use - Dwelling to Holiday House - Lot 988 (17) Baleine Drive, Castletown  35

12.1.5     Development Application - Change of Use - Dwelling to Holiday House - S/L 3 (3/1A) The Esplanade, Esperance  49

12.1.6     Cancellation of Request for Management over Reserve 3473  50

12.1.7     Bushfire Mitigation Activity Fund  54

12.2   Asset Management  57

12.2.1     Request for Tanker Jetty Timber 57

12.2.2     BOILC Plant Room and Heating Upgrade Budget Amendment 63

12.3   Corporate & Community Services  68

12.3.1     Policy Review - Executive Services 2022  68

12.3.2     Community Grants Program 2022/2023  71

12.3.3     Lease Renewal Request - The Country Women's Association of Western Australia  89

12.3.4     Financial Services Report - December 2021  95

12.4   Executive Services  147

12.4.1     Information Bulletin - December 2021  147

13.      Reports Of Committees  207

13.1   Minutes of Committees  207

14.      Motions of which Notice has been Given   209

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  209

16.      Urgent Business Approved by Decision   209

18.      PUBLIC QUESTION TIME  213

17.      Matters behind Closed Doors  214

17.1   Lease Surrender Request - Lisa Boardman - Jetty Site 2  214

17.2   0419-21 Supply, Deliver and Spraying of Bituminous Products  214

19.      CLOSURE  216

 

 

 

 

1.       OFFICIAL OPENING

 

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

The Shire of Esperance acknowledges the Nyungar 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 also advised that the Ordinary Council Meeting is being recorded and live streamed, and it will be placed on the Shire YouTube site for viewing.

 

2.       ATTENDANCE

Members

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 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

Mr R Hindley                                     Manager Strategic Planning & Land Projects

Miss E Hegney                                 Executive Assistant

Miss A Palmer                                   Trainee Administration Assistant – Executive Services

Miss C Smith                                    Manager Media and Communications

Members of the Public & Press

Miss E Smith                  Media                   ABC

Mrs L Saunders             Media                   Esperance Weekender (arrived 4:09pm)

There were 40 members of the public also in attendance.

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr W Graham                                                                     Rural Ward

 

 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved:           Cr McMullen Seconded:     Cr de Haas   O0122-001   That Council accept the following leave of absence: Cr Graham            19 January until 27 January 2022 CARRIED F8 - A0

 

5.       ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Cr Mickel addressed the group in relation to the processes of the Ordinary Council Meetings. He clarified that all decisions made today are the final part in a due process. All considered in council strategic planning and budget considerations. Agenda Briefings occur the week before the Ordinary Council Meeting and then the final debates and decisions are made in this meeting. The people representing the Pro-Choice movements are noted as attending, and may ask questions at questions time – deputations were made last week at the Briefing.

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

Mr Walker declared a proximity interest in item 12.1.4 as his place of residence neighbours that in question.

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr de Haas declared an impartiality interest in item 12.1.3 as one of the opposing residents is a friend and employee.

Mrs Baxter declared an impartiality Interest in 17.2 as her brother works for the company that is being considered.

Mrs Saunders entered the Chamber at 4:09pm.

7.       PUBLIC QUESTION TIME

1.    Ms H Oldfield – Pro Choice for the Esperance Community

Ms Oldfield asked Council to please advise the process for further engaging with the Council regarding the vaccinations mandates moving forward.

Cr Mickel responded that Council will firstly formally receive the petition tabled last Tuesday. Councillors will make a decision regarding this in regards to whether to accept it or not. They will give further instruction to the CEO thereafter and then Council will then follow due processes in the February Meeting.

Ms Oldfield asked if it the outcome is likely to result in a special meeting or if the petition is more likely to be dealt with in Ordinary Council Meetings.

Cr Mickel responded that the decision lies with the Councillors as they follow the relevant decision making process.

Ms Oldfield asked if, following her email sent this morning, it would be possible for a member of the Council to join the focus group or to engage directly with the local group to assist them in following procedure and presenting motions which can be accepted.

Cr Mickel responded that if any members are interested in becoming involved then Council will make that decision. Level of in-person involvement will depend on the nature of the situation at the time.

Ms Oldfield thanked the group for taking the time to hear her and answer her questions.

2.    Mr T Gillis – Pro Choice for the Esperance Community

Mr Gillis presented an additional 101 signatures for the petition tabled last week.

Mr Gillis asked if he could clarify that the petition also formally requests a Special Electors Meeting (under the Government Act section 5.8) in relation to the mandate. He asked if this was a possibility.

Cr Mickel responded that it is up to the Councillors as to whether they wish to respond in that way to the request made in the petition.

Mr Gillis asked if a formal request would be something that has to be acted on in 35 days.

Cr Mickel responded that the request has been made formally in the petition – so the Council will be considering that when they decide how to deal with the petition as a whole.

8.       PUBLIC ADDRESSES / DEPUTATIONS

Renae Poot – Rotary Club of Esperance Bay

Renae addressed the meeting in order to thank the Council for the support received for their Foreshore Festival of Fireworks on New Year’s Eve. She detailed the effort and hard work put in by all, as part of a summary explaining how the support of the Council and various other individuals/ businesses had been invaluable in the successful event.

Cr Mickel responded by thanking Renae for her time and kind words, as well as congratulating her on the wonderful event. He noted that he received a certificate at a thank you function held by the Rotary Club of Esperance Bay.

The CEO received the certificate of appreciation on behalf of Shire staff.

9.       Petitions

Petition

Moved:           Cr Chambers Seconded:     Cr Obourne O0122-002 That Council: 1.         Receive the petition titled ’Pro Choice for the Esperance Community’, that was tabled at the Agenda Briefing on 18 January 2022; and 2.         Request the CEO to prepare a report for Council consideration at the February Ordinary Council Meeting. CARRIED F8 - A0

 

 

10.     CONFIRMATION OF MINUTES

Moved:           Cr McMullen Seconded:     Cr O’Donnell O0122-003 That the Minutes of the Ordinary Council Meeting of the 21 December 2021 be confirmed as a true and correct record. CARRIED F8 - A0

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Obourne

14 Jan      Attended Beach Enclosure and Pump Track Opening

 

Cr Flanagan

14 Jan      Attended Meeting with Rick Wilson MP

 

Cr O’Donnell

6 Jan        Attended Aged Care-Constituent Concerns Meeting

14 Jan      Attended Meeting with Rick Wilson MP

14 Jan      Attended Beach Enclosure and Pump Track Opening

20 Jan      Attended Strategic Community Plan Council Workshop

21 Jan      Attended Site Visits Twilight Beach and Baleine Drive Properties

 

Cr Graham

Nil reported

 

Cr de Haas

19 Jan      Attended ECCI Strategic Planning

20 Jan      Attended Strategic Community Plan Council Workshop

21 Jan      Attended Site Visits Twilight Beach and Baleine Drive Properties

 

Cr Horan

14 Jan      Attended Meeting with Rick Wilson MP

14 Jan      Attended Beach Enclosure and Pump Track Opening

20 Jan      Attended Strategic Community Plan Council Workshop

21 Jan      Attended Site Visits Twilight Beach and Baleine Drive Properties

 

Cr McMullen

14 Jan      Attended Beach Enclosure and Pump Track Opening

20 Jan      Attended Strategic Community Plan Council Workshop

 

Cr Chambers

31 Dec      Attended Rotary Club of Esperance Bay’s Foreshore Festival and Fireworks Evening

14 Jan      Attended Meeting with Rick Wilson MP

14 Jan      Attended Beach Enclosure and Pump Track Opening

 

Cr Mickel

31 Dec      Attended and gave a public address to the community at Rotary Club of Esperance Bay’s Foreshore Festival and Fireworks Evening

6 Jan        Attended Aged Care-Constituent Concerns Meeting

12 Jan      Attended Population Health Meeting

13 Jan      Attended the thank you event with Rotary Club of Esperance Bay for all who contributed the Festival & Fireworks event.

14 Jan      Attended Meeting with Rick Wilson MP

14 Jan      Attended Beach Enclosure and Pump Track Opening

20 Jan      Attended Strategic Community Plan Council Workshop

21 Jan      Attended Site Visits Twilight Beach and Baleine Drive Properties

24 Jan      Attended an Urgent Special GVROC meeting via Zoom.   

 

 

 

12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1   External Services

Item: 12.1.1  

FOGO Implementation Options and Communications and Engagement Strategy

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Holly Phillips	Director External Services

 

File Ref: D21/43555

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

The intent of the report is for Council to endorse options associated with the implementation of a Food Organics Garden Organics (FOGO) service for the community. The options will form the basis of service, processing and cost assumptions for the FOGO Operational Implementation Plan (OIP) to be presented to Council in February 2022.

 

Further, the report seeks endorsement from Council on the Communications and Engagement Strategy (CES) for the proposed project.

 

Recommendation in Brief

That Council endorse the five (5) recommendations contained within the FOGO Implementation Options Discussion Paper – January 2022 as the basis for the OIP, and to authorize the Chief Executive Officer to pursue grant applications for the potential introduction of the service in the Esperance community.

 

Background

The Community Waste Strategy 2018-2023 (the Strategy) outlines the Shire’s waste management systems and volumes, and waste projections for twenty (20) years up to 2036. The Strategy contains short-term and long-term waste diversion targets for Municipal Solid Waste (MSW) and Total Waste including a target to divert 50% of MSW from landfill by 2025.

 

In 2019 the Shire commissioned Talis Consultants to prepare a Business Case and Implementation Plan for FOGO processing via composting. This plan was presented at Ordinary Council Meeting in May 2019 where Council agreed to commence planning for a third bin system for FOGO materials in Esperance.

 

In November 2020, Council endorsed a due diligence assessment of the Myrup Truck Wash and Liquid Waste Facility at Lot 1885 Myrup Road as the preferred location for a FOGO processing facility. Shire officers were also tasked with preparing a community consultation strategy, and investigating funding and resources to cover an implementation plan for consideration by Council.

 

In May 2021, Council resolved to enter into an agreement with the Shire of Coolgardie for the delivery of waste to the Coolgardie Landfill Facility. With Council deciding to transport residual waste to Coolgardie, the processing of FOGO materials into a compost and/or soil conditioner gained more prominence. 

 

In December 2021, Council received a briefing on community engagement activities, indicative timeframes, and operational matters for consideration. At the Ordinary Council Meeting the same month, Council received the findings of a community-wide survey and noted that overwhelming support exists for a FOGO service in Esperance. 

 

The local processing of FOGO materials can divert approximately 3,500 tonnes of waste from landfill per annum, representing a key opportunity in achieving the Shire’s waste diversion target for 2025. Thus, officers are working towards the provision of a FOGO Operational Implementation Plan (OIP) to Council in February 2022 to enable considered investment decision making for the proposed service.

 

Officer’s Comment

A FOGO Implementation Options Discussion Paper (attached) has been prepared to outline the advantages and disadvantages of five (5) critical areas that will impact on the success of FOGO processing in Esperance.

 

The options cover the following areas:

1.       Standard 3-Bin Bin Service;

2.       Collection Frequency;

3.       Area of Service;

4.       Opt in/Opt Out/Mandatory; and

5.       Kitchen Caddy and Compostable Bags.

 

These operational aspects will impact on the cost of providing the service, and influence the likelihood of acceptance and usability for households. Further, the calculation of these service variables is a core input into the OIP which will be presented to Council in February 2022 for investment decision making on the service.

 

Shire officers are exploring a range of State and Federal Government grant opportunities to assist with the potential introduction of a FOGO service if supported by Council. These opportunities are outlined in the attachment.

 

Further, officers have developed a CES to meet Council’s requirement for community consultation surrounding the proposed project.

 

The CES covers the following six stages of engagement surrounding FOGO:

1.       Early Engagement;

2.       Consultation and Service Design;

3.       Announcement;

4.       Lead Up and Launch;

5.       Ongoing Education; and

6.       Monitoring and Evaluation.

 

Officers have already completed Stage 1 - Early Engagement to raise awareness and obtain feedback on the potential introduction of FOGO.

 

It is important to note that the proposed FOGO introduction date of 1 July 2023 is indicative only and the milestone dates and some activities within the CES will need to be revised. This will occur alongside preparations for the Myrup Community Drop Off and Waste Management Transfer Station as the Shire will not be able to receive FOGO material until the facility is constructed.

 

However, the CES is attached for endorsement which outlines the broad approach for achieving community-wide support and adoption of a FOGO collection service for the Shire.

 

Consultation

Shire Waste Team

 

Financial Implications

There are no immediate financial implications arising from this report. However, the assumptions contained in the attachments will be used to form the basis of calculations for the cost of introducing the service which requires a future decision from Council.

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that is empowered and motivated to minimise waste

Targeted reduction of waste with an emphasis on resource recovery and waste minimisation

 

Corporate Business Plan 2021/22 – 2024/25

N2.4 Investigate food organics and garden organics processing.

 

Environmental Considerations

Nil

 

Attachments

a⇨.	FOGO Implementation Options Discussion Paper - January 2022 - Under Separate Cover
b⇨.	FOGO Communications and Engagement Strategy - Under Separate Cover

 

RECOMMENDATION AND DECISION

12.1.1       FOGO Implementation Options and Communications and Engagement Strategy Moved:         Cr Obourne Seconded:     Cr de Haas O0122-004 Council Resolution That Council: 1.       Endorse the Communications and Engagement Strategy for the proposed introduction of a Food Organics Garden Organics (FOGO) Service for the Shire of Esperance; 2.       Endorse the five (5) recommendations contained in the FOGO Implementation Options Discussion Paper – January 2022 as the basis for preparing an Operational Implementation Plan for the introduction of a FOGO service, with the recommendations being: a.      That the Shire provide a standard 3 bin service to comply with the Waste Sorted program and Better Bins Plus: Go FOGO Funding program; b.      That FOGO be collected on a weekly basis and refuse and recycling on an alternating fortnightly basis; c.      That the proposed FOGO service cover the same area as the current kerbside recycling service (Esperance and Gibson, plus some surrounds); d.      That the FOGO program be a mandatory program to be consistent with the waste and recycling services; and e.      That a Kitchen Caddy and compostable bags be provided without charge to each household replaceable upon request after three (3) years, and compostable bags provided as requested.  3.       Authorise the Chief Executive Officer to pursue grant opportunities to provide financial assistance for the potential introduction of a FOGO service including, but not limited to: a.      Better Bins Plus: Go FOGO; b.      Food Waste to Healthy Soils; and c.      Building Better Regions Fund – Round 6. CARRIED F8 - A0

 

Item: 12.1.2  

Myrup Community Drop Off and Waste Management Transfer Station - Detailed Concept Design

Author/s	Scott McKenzie	Manager Council Enterprises
Authorisor/s	Holly Phillips	Director External Services

 

File Ref: D21/43690

 

Applicant

Internal

 

Location/Address

 

Executive Summary

The intent of the report is for Council to consider the Detailed Concept Design for the proposed Community Drop Off and Waste Management Transfer Station (the Facility) at Lot 1885 Myrup Road, Myrup and advance towards Detailed Design of the Facility.

 

Recommendation in Brief

That Council endorse the Detailed Concept Design for the Facility as prepared by GHD Consultants (GHD) and issue a Request for Tender as soon as practical for Detailed Construction Drawings, Quantity Survey and all associated reports required for a Works Approval and License Application under Part V of the Environmental Protection Act 1986 for the Facility. Further, the report recommends that Council make a minimum commitment towards funding the Project to satisfy grant application conditions.

 

Background

At the Ordinary Council Meeting held on 25 May 2021, Council identified the Myrup Truck Wash and Liquid Waste Facility at Lot 1885 Myrup Road, Myrup as the preferred location for the proposed Community Drop Off and Waste Management Transfer Station site (The Facility).

 

Further, Council requested the Chief Executive Officer engage a suitably qualified consultant to develop a detailed concept design and costings, and to commence the application process for approval with the Department of Water and Environmental Regulation (DWER) criteria for the Facility.

 

GHD were engaged to complete the Detailed Concept Design (the Design) in late June 2021 following a public Request for Quotation process (RFQ-0361).

 

The Design was required to cater for a number of resource recovery activities as well as a transfer station to collect, process and transport residual waste to the Coolgardie Waste Facility for disposal.  The Facility will encompass all activities (other than landfill) currently occurring at Wylie Bay as well as additional activities of Food Organics Garden Organics (FOGO) processing, biosecurity waste incineration, household hazardous waste collection, a quality tip shop, and the compaction and transfer of residual waste.

 

Council was briefed by Shire officers on the delivery of the Design at a session held on 14 December 2021.

 

Officer’s Comment

The attached Detailed Concept Design Report details the information and assumptions relied upon to design the proposed Facility. 

 

The Design includes the following items:

·        Gate House and Weighbridge;

·        Administration Area/Offices/Staff Room;

·        Tip Shop and Education Facility;

·        Dry Materials Recovery Facility (MRF);

·        Community Drop Off;

·        Food & Garden Waste Processing;

·        Metals and Construction & Demolition (C&D) Processing;

·        Waste Transfer Station; and

·        Biosecurity and Medical Waste Incineration.

 

The report highlights that in addition to requiring Detailed Construction Drawings, the Shire requires a number of reports to be prepared for the Facility to successfully apply for Works Approval and a License from DWER for the construction and operation of the facility.

 

These reports include items:

·        Bushfire Attack Level Assessment;

·        Bushfire Management and Emergency Evacuation Plan;

·        Operational and Environmental Management Plan (underway);

·        Traffic Impact Assessment;

·        Stormwater and Leachate Control and Management;

·        Odour Assessment;

·        Acoustic (Noise) Impact Statement;

·        On-site Effluent Disposal; and

·        Clearing Permit (underway).

 

The Design has been developed on the basis of transporting residual waste to Coolgardie in A-Double trucks as identified within the GHD Waste Transport Cost vs Landfilling Assessment (2021) report.

 

Overall, the Facility has been designed for waste to enter from the north (Myrup Rd) in various vehicles (utilities and trailers to large commercial trucks). The waste then transfers from north to south through the Facility before being transferred for landfilling to Coolgardie, recycling in Perth, or being accessed locally as compost/soil conditioner.  

 

Community members will not access the full Facility. Rather, they will able to dispose of their recycling and residual waste within the Community Drop Off area and then leave the site. Inducted contractors will have access to the FOGO processing, Dry MRF, Transfer Station and bulk pads for steel and C&D waste.

 

Consultation

·        Waste Team

·        GHD

 

Financial Implications

The construction costs for the Facility are outlined in Table 1.1. A preliminary engineer’s estimate has been provided by GHD commensurate with the level of the Design. The construction estimate is determined as Class 4 of the Classification Matrix within the Cost Estimate Classification System and therefore can be within -25% to +40%.

 

A more accurate construction estimate will be received once the Detailed Construction Drawings have been prepared. The Engineers estimate excludes fire management infrastructure, building and slab footings, lighting and some minor items.

 

Table 1.1 Construction Costs

 

Additional costs will be associated with the preparation of Detailed Construction Drawings, Quantity Survey and all associated reports for the Facility is approximately $400,000 which will be procured via a public tender process.

Council has allocated $10M in the Long-Term Financial Plan in the financial year 2023/24 for the construction of the Facility. The Shire’s Sanitation (Rubbish Removal) Reserve has a budgeted year-end balance of $9.2M for financial year 2021/2022.

 

While there are no immediate financial implications associated with the construction of the Facility it is evident there is a shortfall of allocated Shire funding based on preliminary engineer’s estimates. While these costs will be further interrogated through the Detailed Design process, Council is pursuing contributory funding for the Facility through State and Federal Government sources. This includes the Building Better Regions Fund Infrastructure Projects Stream Round Six which closes on 10 February 2022.

 

In order to satisfy grant application requirements, Council is formally required to make a minimum funding commitment towards the Facility. It is recommended that this contribution is no less than 50% of current construction cost estimates.

 

Asset Management Implications

The construction of the Facility will create a depreciable asset for the Shire that will meet the long-term waste management needs of the region. 

 

Statutory Implications

As a Prescribed Premise under the Environmental Protection Act 1986 (WA), the Shire will require a Works Approval and Licence from DWER under Part V of the Environmental Protection Act 1986 (WA) for the Facility.

 

The categories requiring approval are as follows:

·        FOGO Processing (Category 67A);

·        Material Screening (Category 12);

·        C&D Processing (Category 13);

·        Tyre Storage (Category 57);

·        Incineration (Category 60);

·        Biomedical Waste Incineration (Category 59);

·        Solid Waste Facility (Category 61A); and

·        Solid Waste Depot (Category 62).

 

The Shire is exempt from the requirement to obtain a Development Approval under Section 6 of the Planning and Development Act 2005 as the works constitute a public works. However, the Shire is required to seek building licences under the Building Code of WA and associated Acts and Regulations.

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that is empowered and motivated to minimise waste

Targeted reduction of waste with an emphasis on resource recovery and waste minimisation

 

Corporate Business Plan 2021/22 – 2024/25

N2.5 Plan for new landfill site

 

Environmental Considerations

Nil

 

Attachments

a⇨.

Myrup Waste Management Transfer Station - Detailed Concept Design - Under Separate Cover

 

 

RECOMMENDATION AND DECISION

12.1.2       Myrup Community Drop Off and Waste Management Transfer Station – Detailed Concept Design Moved:           Cr Chambers Seconded:     Cr Flanagan O0122-005 Council Resolution That Council; 1)      Endorse the Detailed Concept Design for the Myrup Community Drop Off and Waste Management Transfer Station as prepared by GHD Consultants; 2)      Request the Chief Executive Officer to commence procurement processes, including a Request for Tender, for Detailed Construction Drawings, Quantity Survey and all associated reports required for a Works Approval and Licence Application under Part V of the Environmental Protection Act 1986 for the Facility; and 3)      Approve a contribution of $6,713,728, at minimum, towards the Myrup Community Drop Off and Waste Management Transfer Station Project from the Shire’s Sanitation (Rubbish Removal) Reserve and pursue contributory funding through grant opportunities. CARRIED F8 - A0

 

Item: 12.1.3  

Development Application - Change of Use - Dwelling to Holiday House - Lot 1000 (25) Twilight Beach Road, West Beach

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services

 

File Ref: D21/43351

 

Applicant

Thorp Realty on behalf of P Kerr & M Fulton-Peebles

 

Location/Address

Lot 1000 (25) Twilight Beach Road, West Beach

 

Executive Summary

That Council consider Development Application 10.2021.4877.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1000 (25) Twilight Beach Road, West Beach

 

Recommendation in Brief

That Council approve Development Application 10.2021.4877.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1000 (25) Twilight Beach Road, West Beach subject to conditions.

 

Background

Planning Services received a Development Application for a Change of Use of the existing Dwelling to a Holiday House at Lot 1000 (25) Twilight Beach Road, West Beach (the Property) on 24 November 2021.

 

Holiday House is an ‘A’ use in the Scheme, and has a mandatory advertising requirement to landowners that may be affected by the proposal. In this instance it was determined that all adjoining landowners would be impacted by the proposal and should be notified.

 

Advertising was undertaken between 24 November 2021 and 15 December 2021 with one (1) objection being received.

 

Officer’s Comment

Lot 1000 (25) Twilight Beach Road, West Beach is zoned Residential R12.5 with a lot size of 914 square metres and is not affected by any special control areas. The Property is in a declared Bushfire Prone Area and the development has been conditioned accordingly.

 

Holiday House means a Single Dwelling on one lot used to provide short term accommodation but does not include a bed and breakfast. Short term accommodation means temporary accommodation either provided continuously or from time to time with no guest accommodated for periods tolling more than three (3) months in any twelve (12) month period.

 

The relevant objective of the Residential zone in this instance is to provide for a range of non-residential uses, which are compatible with and complementary to residential development.

 

Officers consider the proposed Holiday House is compatible with the surrounding residential development so long as it is adequately managed and any conditions applied as part of an approval are adhered to.

 

It is recommended that the proposal be approved with both the Holiday House and Single Dwelling land uses applying to the Property to allow flexibility of use. This is due to previous changes by the Department of Planning, Lands and Heritage requiring the issuance of a separate Development Approval to change a Holiday House back to a Single Dwelling. Issuing an approval with both land uses allows the landowner to switch between using the property as a Single Dwelling and Holiday House as required.

 

The objection received to the application was on the following grounds:

Objection:	Planning Comment:
Noise pollution	Noted. It is acknowledged that noise impact from holiday houses can be an issue. Noise was one of the primary reasons why the Shire of Esperance adopted Local Planning Policy: Holiday Homes to ensure that a local caretaker was provided for Holiday House applications where the landowner themselves may not be able to respond to any issue or complaint arising from the activity including excessive noise.
Traffic and parking	Noted. The section this property on is a slip road with a limited width pavement. Situations may arise which limit traffic flows.
Amenity	Noted. Thorp Realty has confirmed with Planning Services that they will be dealing with any complaints or concerns regarding the operation of the holiday house.
Personal impact	Noted. Thorp Realty has confirmed with Planning Services that they will be dealing with any complaints or concerns regarding the operation of the holiday house.
Comments on Air BNB	Noted. Thorp Realty has confirmed with Planning Services that they will be dealing with any complaints or concerns regarding the operation of the holiday house.
Shortage in long-term rental houses	Noted. This is not a valid planning reason for consideration by officers.
Impacts on prices of long-term rentals	Noted. This is not a valid planning reason for consideration by officers.

 

Option One

That Council approve Development Application 10.2021.4877.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1000 (25) Twilight Beach Road, West Beach subject to conditions.

 

Option Two

That Council refuse Development Application 10.2021.4877.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1000 (25) Twilight Beach Road, West Beach for the following reasons:

1.         Amenity impact specifically the social impacts of the development on the adjoining property; and

2.         Insufficient road width for parking of vehicles to maintain safe access and egress to the site.

 

Consultation

Advertising was undertaken between 24 November 2021 and 15 December 2021 with one (1) objection being received.

 

Financial Implications

Application fees totalling $295.00 were received as part of this application.

 

Asset Management Implications

Nil

 

Statutory Implications

Local Planning Scheme No. 24

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

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

 

Policy Implications

Local Planning Policy: Holiday Homes

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

 

Environmental Considerations

Nil

 

Attachments

a⇩.	Application for Development Approval
b⇩.	Objection

 

RECOMMENDATION AND DECISION

12.1.3     Development Application - Change of Use - Dwelling to Holiday House - Lot 1000 (25) Twilight Beach Road, West Beach Moved:           Cr O'Donnell Seconded:     Cr Flanagan O0122-006 Council Resolution That Council approve Development Application 10.2021.4877.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 1000 (25) Twilight Beach Road, West Beach subject to the following conditions: 1.       The land and buildings the subject of this approval shall be used for the purposes of Dwelling and Holiday 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 Schedule 1 – Definitions of LPS 24 and Appendix 1 of the Residential Design Codes). a.       Dwelling means a building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family. b.      Holiday House means a single dwelling on one lot used to provide short-term accommodation but does not include a bed and breakfast; 2.       Prior to commencement of use the existing effluent disposal system is to be pumped out and a receipt for the pump-out is to be provided to the Shire of Esperance. 3.       The approved Holiday House must not display a sign exceeding 0.2 square metres in area. 4.       Lighting to assist evacuation and smoke alarms must be hard wired to mains power and be installed in the rooms and associated areas in accordance with Part 3.7 of the Building Code of Australia. 5.       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). 6.       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. 7.       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. 8.       The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997. 9.       This planning approval relates to the land the subject of the application and the applicant only, and cannot be assigned to any other person or transferred to any other property or premises. 10.     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. The Section 70A Notification is to be registered on the Certificate of Title Prior to OCCUPANCY, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense. 11.     In the event that the Manager is unavailable or unable to respond to complaints and issues in a timely manner, an alternate manager is to be nominated to handle any complaints or concerns relating to the property. 12.     A copy of the Holiday Home Management Plan is to be provided to the adjoining landowners. 13.     A Bushfire Attack Level Assessment as undertaken by an Accredited Bush Fire Attack Level (BAL) Assessor is to be supplied prior to commencement of use, with any required upgrade works also to be completed prior to commencement of use. AND the following advice notes: 1.       The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995. 2.       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. 3.       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. 4.       The development the subject of this planning approval is required to comply with the Shire Esperance Health Local Laws 2009. 5.       The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site. 6.       Due to issues surrounding control of animals in unfamiliar environments, use of the property as a ‘petsit’ or animal inclusive holiday house is not recommended. 7.       As per NCC 2019 Volume Two – Part 3.7.5 – Smoke Alarms are required on each other storey – The applicant is to ensure a smoke alarm is installed and interconnected in the lower floor garage. 8.       The applicant is to ensure existing Stair Construction is safe and complies with NCC 2019 Volume Two - Part 3.9.1. 9.       The applicant is to ensure existing Barriers & Handrails are safe and comply with NCC 2019 Volume Two - Part 3.9.2. 10.     The applicant is to ensure a window opening is provided with protection if the floor below the window in a bedroom is 2 m or more above the surface beneath in accordance with NCC 2019 Volume Two - Part 3.9.2.6. 11.     The applicant is to ensure a window opening is provided with protection if the floor below the window in a room other than a bedroom is 4 m or more above the surface beneath in accordance with NCC 2019 Volume Two - Part 3.9.2.7. CARRIED F7 – A1 (Against Cr Horan)

 Miss C Smith left the Chambers at 4:29 and did not return.

Item: 12.1.4  

Development Application - Change of Use - Dwelling to Holiday House - Lot 988 (17) Baleine Drive, Castletown

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
	Peter Wilks	Senior Planning Officer
Authorisor/s	Holly Phillips	Director External Services

 

File Ref: D21/43746

 

Applicant

Stewart Hall & Delia Botha

 

Location/Address

Lot 988 (17) Baleine Drive, Castletown

 

Executive Summary

That Council consider Development Application 10.2021.4882.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 988 (17) Baleine Drive, Castletown.

 

Recommendation in Brief

That Council approve Development Application 10.2021.4882.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 988 (17) Baleine Drive, Castletown subject to conditions.

 

Background

Planning Services received a Development Application for a Change of Use of the existing Dwelling to a Holiday House at Lot 988 (17) Baleine Drive, Castletown on 24 November 2021.

 

Holiday House is an ‘A’ use in the Scheme, and has a mandatory advertising requirement to landowners that may be affected by the proposal. In this instance it was determined that all adjoining landowners would be impacted by the proposal and should be notified.

 

Advertising was undertaken between 29 November 2021 and 20 December 2021 with one (1) objection being received.

 

Officer’s Comment

Lot 988 (17) Baleine Drive, Castletown is zoned Residential R20 and is not affected by any special control areas.

 

Holiday House means a Single Dwelling on one lot used to provide short term accommodation but does not include a bed and breakfast. Short term accommodation means temporary accommodation either provided continuously or from time to time with no guest accommodated for periods tolling more than three (3) months in any twelve (12) month period.

 

The relevant objective of the Residential zone in this instance is to provide for a range of non-residential uses, which are compatible with and complementary to residential development.

 

Officers consider the proposed Holiday House is compatible with the surrounding residential development so long as it is adequately managed and any conditions applied as part of an approval are adhered to.

 

It is recommended the proposal be approved with both the Holiday House and Single Dwelling land uses applying to the property to allow flexibility of usage. This is due to previous changes by the Department of Planning, Lands and Heritage requiring the issuance of a separate Development Approval to change a Holiday House back to a Single Dwelling. Issuing an approval with both land uses listed allows for the landowner to switch between using the property as a Single Dwelling and Holiday House as required.

 

The objection received to the application was on the following grounds:

 

Objection:

Planning Comment:

Noise pollution

Noted. It is acknowledged that noise impact from holiday houses can be an issue. Noise was one of the primary reasons why the Shire of Esperance adopted Local Planning Policy: Holiday Homes to ensure that a local caretaker was provided for Holiday House applications where the landowner themselves may not be able to respond to any issue or complaint arising from the activity including excessive noise.

 

Option One:

That Council approve Development Application 10.2021.4882.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 988 (17) Baleine Drive, Castletown subject to conditions.

 

Option Two

That Council refuse Development Application 10.2021.4882.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 988 (17) Baleine Drive, Castletown for the following reason:

1.       Amenity impact, specifically the social impacts of the development on the adjoining property.

 

Consultation

Advertising was undertaken between 29 November 2021 and 20 December 2021 with one (1) objection being received.

 

Financial Implications

Application fees totalling $295.00 were received as part of this application.

 

Asset Management Implications

Nil

 

Statutory Implications

Local Planning Scheme No. 24

 

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

 

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

 

Policy Implications

Local Planning Policy: Holiday Homes

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

 

Environmental Considerations

Nil

 

Attachments

a⇩.	Application for Development Approval
b⇩.	Neighbour Objection

 

RECOMMENDATION AND DECISION

Mr Walker declared his proximity interest and left the chamber at 4:39pm.

12.1.4       Development Application - Change of Use - Dwelling to Holiday House - Lot 988 (17) Baleine Drive, Castletown Moved:           Cr Chambers Seconded:     Cr O'Donnell O0122-007 Council Resolution That Council approve Development Application 10.2021.4882.1 for a Change of Use for the existing Dwelling to a Holiday House at Lot 988 (17) Baleine Drive, Castletown subject to the following conditions: 1.       The land and buildings the subject of this approval shall be used for the purposes of Dwelling and Holiday 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 Schedule 1 – Definitions of LPS 24 and Appendix 1 of the Residential Design Codes). ·        Dwelling means a building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family. ·        Holiday House means a single dwelling on one lot used to provide short-term accommodation but does not include a bed and breakfast; 2.       Prior to commencement of use the existing effluent disposal system is to be pumped out and a receipt for the pump-out is to be provided to the Shire of Esperance. 3.       The approved Holiday House must not display a sign exceeding 0.2 square metres in area. 4.       Lighting to assist evacuation and smoke alarms must be hard wired to mains power and be installed in the rooms and associated areas in accordance with Part 3.7 of the Building Code of Australia. 5.       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). 6.       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. 7.       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. 8.       The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997. 9.       This planning approval relates to the land the subject of the application and the applicant only, and cannot be assigned to any other person or transferred to any other property or premises. 10.     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. The Section 70A Notification is to be registered on the Certificate of Title Prior to OCCUPANCY, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense. 11.     In the event that the Manager is unavailable or unable to respond to complaints and issues in a timely manner, an alternate manager is to be nominated to handle any complaints or concerns relating to the property. 12.     A copy of the Holiday Home Management Plan is to be provided to the adjoining landowners. 13.     This approval for the proposed Change of Use – Dwelling to Holiday House is valid for a period of one (1) year from the date of approval. An extension of time will be automatically granted so long as on no valid complaints are received during the initial (one year) approval period. If a valid objection or complaint is received, this development approval will lapse. AND the following advice notes: 1.       The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995. 2.       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. 3.       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. 4.       The development the subject of this planning approval is required to comply with the Shire Esperance Health Local Laws 2009. 5.       The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site. 6.       Due to issues surrounding control of animals in unfamiliar environments, use of the property as a ‘petsit’ or animal inclusive holiday house is not recommended. CARRIED F7 – A1 (Against Cr Horan)

 Mr Walker returned to the chamber at 4:45pm.

Item: 12.1.5  

Development Application - Change of Use - Dwelling to Holiday House - S/L 3 (3/1A) The Esplanade, Esperance

This item was withdrawn.

 

Item: 12.1.6  

Cancellation of Request for Management over Reserve 3473

Author/s	Richard Hindley	Manager Strategic Planning & Land Projects
Authorisor/s	Holly Phillips	Director External Services

 

File Ref: D21/43758

 

Applicant

Internal (Strategic Planning & Land Projects)

 

Location/Address

Reserve 3473

 

Executive Summary

For Council to consider cancelling the request for Management of Reserve 3473 (Esperance Cemetery).

 

Recommendation in Brief

That Council:

1.       Cancel the request made under Section 41 of the Land Administration Act 1997 to grant management of Reserve 3473 to the Shire of Esperance retaining the current purpose of the Reserve; and

2.       Advise the Department of Planning, Lands and Heritage – Lands of the cancellation of the request for management of Reserve 3473.

 

Background

At the Ordinary Council Meeting in December 2019 Council resolved to:

1.       Request the Minister for Lands under Section 41 of the Land Administration Act 1997 to grant management of Reserve 3473 to the Shire of Esperance retaining the current purpose of the Reserve; and

2.       Commence the road closure process for an unnamed road surrounded by Reserve 3473 in accordance with Section 58 of the Land Administration Act 2007.

 

Following this resolution, a request was forwarded to the Department of Planning, Lands and Heritage – Lands Services seeking to gain the Management of Reserve 3473.

 

Consequently, the Department of Planning, Lands and Heritage – Lands Services (DPLH) advised that the Shire would require a LAA Management Order to exercise powers over Reserve 3473 and consequently enter into an Indigenous Land Use Agreement (ILUA) that provides for the suppression of Native Title rights and interests on the Reserve.

 

Officer’s Comment

Reserve 3473 is subject to non-exclusive Native Title under Determination WAD6097/1998. The Shire approached the DPLH regarding the requirement to enter into an ILUA when Reserve 3473 is shown as an ‘Other Interest’ in Schedule Five of the Native Title under Determination.

 

After internal discussions at DPLH the Shire was advised that the Esperance Cemetery could continue to operate on Reserve 3473 as the Reserve has an Other Interest and the Council is appointed as the Cemeteries Board.

 

Further, the Shire sourced legal opinion on the matter which outlined the Shire could continue to manage the Esperance Cemetery without a management order for the reserve, so long as current uses for the reserve remain in place, as it is required to fulfil its duties under the Cemeteries Act 1986.

 

DPLH’s view is that the continued operation of the Cemetery in the absence of a formal Management Order is at the Shire’s risk. However, it is perceived that there is minimal risk associated with this approach given the Shire is already vested with the care, control and management of the Esperance Cemetery and has no intent to alter uses on the site.

 

It is therefore the view of officers that the Shire should not proactively try to resolve the management of the Reserve.

 

Consultation

Department of Planning, Lands and Heritage – Land Services

 

Financial Implications

N/A

 

Asset Management Implications

N/A

 

Statutory Implications

Land Administration Act 1997

 

Native Title Act 1993 (Cth)

 

WAD6097/1998 Native Title Determination

 

It is acknowledged that Reserve 3473 is subject to non-exclusive Native Title under Determination WAD6097/1998.

 

Paragraph 8 of the Determination provides for the nature and extent of Other Interests (under section 225(c) of the Native Title Act 1993). Paragraph 8 states that 'The nature and extent of other interests in relation to the Determination Area are described in Schedule Five'.

 

Relevantly, Schedule Five of the Determination lists Reserve 3473 - Cemetery as an 'Other Interest'.

 

Reserve 3473 is also shown on page 16 of Schedule Two (Maps of the Determination Area) as 'AREAS THE SUBJECT OF NON-EXCLUSIVE NATIVE TITLE (Areas where native title comprises the rights set out in paragraph 4 of the Determination)'.

 

Paragraph 9 of the Determination provides for the relationship between native title rights and Other Interests (under section 225(d) of the Native Title Act 1993). Paragraph 9 states as follows-

 

'The relationship between the native title rights and interests described in paragraph 4 and the Other Interests is that –

(a)     to the extent that any of the Other Interests are inconsistent with the continued existence, enjoyment or exercise of the native title rights and interests, the native title rights and interests continue to exist in their entirety, but the native title rights and interests have no effect in relation to the Other Interest to the extent of the inconsistency during the currency of the Other Interests; and otherwise

(b)     the existence and exercise of the native title rights and interests do not prevent the doing of any activity required or permitted to be done by or under the Other Interests, and the doing of any activity required or permitted to be done by or under the Other Interests, prevail over the native title rights and interests and any exercise of the native title rights and interests, but, subject to the operation of section 24JB(2) of the Native Title Act 1993, do not extinguish them.'

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

 

Environmental Considerations

N/A

 

Attachments

Nil

RECOMMENDATION AND DECISION

12.1.6     Cancellation of Request for Management over Reserve 3473 Moved:           Cr Flanagan Seconded:     Cr McMullen O0122-008 Council Resolution That Council: 1.       Cancel the request made under Section 41 of the Land Administration Act 1997 to grant management of Reserve 3473 to the Shire of Esperance retaining the current purpose of the Reserve; and 2.       Advise the Department of Planning, Lands and Heritage – Lands of the cancellation of the request for management of Reserve 3473. CARRIED F8 - A0

 

Item: 12.1.7  

Bushfire Mitigation Activity Fund

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Holly Phillips	Director External Services

 

File Ref: D22/759

 

Applicant

 

Location/Address

·        Reserve 27626, Lot 64 Thompson St, Lots 63, 68, 69, 74 and 75 Stewart St (Skroly’s Park), West Beach

·        Reserve 19624, Lots 33, 34, 501 and 502 Grass Patch Rd, Grass Patch

·        Land bounded by 92, 100, 102 and 108 Starr St, 5, 10, 13, 18, 25, 26, 34, 37 and 42 Alana St and 1, 2, 12 and 22 McLennan St, Gibson

 

Executive Summary

That Council receive $34,500 from the Mitigation Activity Fund to undertake three (3) prescribed burns at West Beach, Grass Patch and Gibson.

 

Recommendation in Brief

That Council receive $34,500 from the Mitigation Activity Fund to undertake three (3) prescribed burns at West Beach, Grass Patch and Gibson.

 

Background

The Mitigation Activity Fund (MAF) provides two (2) rounds of funding annually, to assist with mitigation strategies identified within the Shire’s Bushfire Risk Management Plan (BRMP).

 

The risk to communities from bushfire hazards on State owned land across Western Australia is recognised as a high priority for mitigation. The impact of a bushfire can be reduced through the delivery of mitigation activities that reduce bushfire fuels or improve fire response.

 

Local Governments undertake bushfire risk management planning processes across their jurisdiction to ensure unacceptable bushfire risks are identified and appropriately managed. In many cases, land presenting a significant bushfire risk to communities is Crown land that through the provision of the Local Government Act 1995, falls under the responsibility of Local Governments to manage. It is this Crown land, managed by a Local Government, that the MAF is designated to address.

 

Officer’s Comment

Council endorsed the BRMP in October 2021. An endorsed BRMP, provides eligibility for access to the MAF funding rounds.

 

As such, an application to the MAF round was made to undertake three (3) mitigation/treatment activities, through prescribed burning, on parcels of land at;

·        Reserve 27626, Lot 64 Thompson St, Lots 63, 68, 69, 74 and 75 Stewart St (Skroly’s Park) West Beach - $12,500

·        Reserve 19624, Lots 33, 34, 501 and 502 Grass Patch Rd, Grass Patch - $11,200

·        Land bounded by 92, 100, 102 and 108 Starr St, 5, 10, 13, 18, 25, 26, 34, 37 and 42 Alana St and 1, 2, 12 and 22 McLennan St, Gibson - $10,800

 

The funding application was successful and the Shire will receive $34,500 to undertake these burns by December 2022.

 

Another MAF round of funding will be open in April 2022. If these burns are undertaken and acquitted by this time, the Shire will be eligible for this additional round of funding.

 

A Shire cannot have two (2) grants allocated at one time. Weather permitting, it is the intent to undertake these burns and expend this first round of funding by April 2022 in order to be eligible for the April funding round.

 

Consultation

Office of Bushfire Risk Management

Bush Fire Advisory Committee

 

Financial Implications

The net financial implications arising from this report are Nil. Received MAF funds of $34,500 will be utilised for the prescribed burns totalling $34,500.

Description		Budget Figure	Amended Figure	Variation
01-04090-115-175		($700,000)	($734,500)	($34,500)
Fire Mitigation (New)		$80,000	$114,500	$34,500
Net result				$0

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A feeling of safety and confidence within our neighbourhoods and a sense of security

Develop and maintain a safe environment for the community

 

Corporate Business Plan 2021/22 – 2024/25

<Enter Text>

 

Environmental Considerations

Nil

 

Attachments

Nil

RECOMMENDATION AND DECISION

12.1.7      Bushfire Mitigation Activity Fund Moved:           Cr Horan Seconded:     Cr Chambers O0122-009 Council Resolution That Council receive $34,500 from the Mitigation Activity Fund to undertake three (3) prescribed burns at West Beach, Grass Patch and Gibson. CARRIED F8 - A0

  

12.2   Asset Management

Item: 12.2.1  

Request for Tanker Jetty Timber

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Chief Executive Officer

 

File Ref: D22/891

 

Applicant

Shelley Payne MLC

 

Location/Address

92 Dempster Street

 

Executive Summary

For Council to consider the request from the Hon. Shelley Payne MLC for Esperance Tanker Jetty Timber.

 

Recommendation in Brief

That Council sell a Grade 2 Deck Plank to the Hon Shelley Payne MLC for their bench outside 92 Dempster Street, for $75 inclusive of GST.

 

Background

As part of the deconstruction of the Esperance Tanker Jetty, there has been some historic timber salvaged and stockpiled at the Shire Depot. Council has recently adopted Policy ASS 028 Esperance Tanker Jetty Timber that sets out how the Shire will distribute the timber for the community benefit.

 

The Hon. Shelley Payne MLC has requested a Grade 1 or 2 Deck Plank to construct a bench outside her office, please see attached request.

 

Officer’s Comment

The request from the Hon. Shelley Payne MLC meets the requirements of Council Policy ASS 028 Esperance Tanker Jetty Timber “Other” category. It is therefore proposed to sell a Grade 2 Deck Plank for $75 Inc GST in line with the policy. In discussions with the Electorate Office, there is no issue with this.

 

Consultation

Nil

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

ASS 028: Esperance Tanker Jetty Timber

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments that enhance the existing built environment

Encourage innovation and support new development

 

Environmental Considerations

Nil

 

Attachments

a⇩.	Tanker Jetty Timber Application
b⇩.	Design and Location of Bench

 

RECOMMENDATION AND DECISION

12.2.1  Request for Tanker Jetty Timber Moved:           Cr McMullen Seconded:     Cr O'Donnell O0122-010 Council Resolution That Council sell a Grade 2 Deck Plank to the Hon. Shelley Payne MLC for their bench outside 92 Dempster Street, for $75 inclusive of GST. CARRIED F8 - A0

 

Item: 12.2.2  

BOILC Plant Room and Heating Upgrade Budget Amendment

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Shane Burge	Chief Executive Officer

 

File Ref: D22/1086

 

Applicant

Internal

 

Location/Address

Bay of Isles Leisure Centre - BOILC

 

Executive Summary

For Council to consider a budget amendment for the BOILC heating upgrade.

 

Recommendation in Brief

That Council;

1.       Approves a budget variation for the BOILC heating upgrade as detailed in the following table.

2.       Considers the two deferred projects for inclusion in future budgets.

 

Background

The Bay of Isles Leisure Centre (BOILC) has four pools of substantially different volumes and operating temperatures. Historically, the BOILC has used natural gas to heat the aquatic centre water through three boilers.  Until 2020 the gas required to operate these boilers had been supplied free of charge.  Currently the shire is being charged for the gas consumption at full commercial rates. Given this Council considered alternative methods of pool heating at the November 2020 Ordinary Meeting of Council, and resolved the following:

 

That Council:

1.   Receive the BOILC heating study and the Bay of Isles Leisure Centre Heating Feasibility Study Reports; and

2.   Upgrade the heating at the Bay of Isles Leisure Centre by installing heat pumps to the four pools and the air handling system.

 

Council also committed to a plant room modernisation project in the 2019/20 budget, to upgrade the control system, pumps and chlorine dosing system. The Shire has a current budget of $710,715 to complete both projects.

 

The estimated costs for the BOILC Plant Room and Heating Upgrade has increased due to the following reasons:

Power supply upgrade.

To operate the heat pumps the electrical supply needs to be increased to three times the current supply amount, from 170A to 517A.  This upgrade involves Horizon Power installing a transformer on the Padbury street side of the BOILC site.  The distance of the transformer to the heat pumps means the power supply cable needs to be longer and a of a large diameter, plus the installation will be more complex that the initial concept design.  The magnitude and complexity of the power upgrade has substantially increased the electrical costs of the project

Noise Attenuation

During the detailed design it was identified that due to the proximity of the BOILC is to residents the heat pumps will required to be placed in purpose built enclosures to attenuate the noise.  This noise attenuation was a requirement of the Building Code and the Australian standards.  The costs associated with this was not included in the original estimate. 

Heat Pump Circulation Pipe Insulation

The detail design also identified the benefits of insulating the circulation pipes in reducing heating costs.  The insulation of the pipes involves the construction of a purpose built insulated pipe duct and support structure.  The costs associate with the pipe insulation was not included in the original estimate.

Material costs increase.

Over the past twelve months the cost of materials have continually been increase, in some cases by as much as 80%. These increases have contributed to the increase project cost.

 

A breakdown of the costs to complete the projects is given in attachment A.

 

Officer’s Comment

Given the priority of the BOILC heating upgrade, due to the Esperance Gas Distribution Company ceasing operations of the reticulated natural gas network in Esperance at some stage in the future. It is considered a priority to increase the budget to cover the additional costs to enable the project to be completed.

 

Officers propose to defer two Local Roads and Community Infrastructure projects that are consider a lower priority and reallocate the funding towards the BOILC heating upgrade, these being:

·        GPS CORS Network - $250,000

·        Town Entry Statements - $300,000

Both these project could then be reconsidered for future budgets.

 

The alternative to reallocating these projects would be to fund the additional cost via Shire reserves. The only two reserves suitable are the Building Maintenance and Renewal Reserve and the Priority Projects Reserve, which have approximately $453,000 and $737,000 in them respectfully. Shire Officers would be hesitant to draw down the Building Maintenance and Renewal Reserve as it is prudent to have an enough money in the reserve for any unforeseen building issues.

 

Consultation

Nil

 

Financial Implications

The financial implications arising from this report are detailed in the table below.

Description		Budget Figure	Amended Figure	Variation
BOILC Plant Room and Heating Upgrade	W3136	710,715	1,260,715	550,000
LRCI – GPS CORS Network	W3974	250,000	0	(250,000)
LRCI – Town Entry Statements	W3982	300,000	0	(300,000)
Net result				Nil

 

Asset Management Implications

The Plant Room and Heating Upgrade will substantially lower the ongoing utility operating costs for the BOILC in the order of $100,000 pa.

 

Statutory Implications

Section 6.8 Local Government Act 1995.

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Provide infrastructure and places that support the services we provide

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

 

Corporate Business Plan 2021/22 – 2024/25

B1.5 Maintain Shire buildings

 

Environmental Considerations

Nil

 

Attachments

a⇩.

BOILC Plant Room and Heating Upgrade Costs Breakdown

 

RECOMMENDATION AND DECISION

12.2.2      BOILC Plant Room and Heating Upgrade Budget Amendment Moved:           Cr Flanagan Seconded:     Cr Obourne O0122-011 Council Resolution That Council; 1.   Approves a budget variation for the BOILC Plant Room and Heating Upgrade as detailed in the following table. Description Budget Figure Amended Figure Variation BOILC Plant Room and Heating Upgrade W3136 710,715 1,260,715 550,000 LRCI – GPS CORS Network W3974 250,000 0 (250,000) LRCI – Town Entry Statements W3982 300,000 0 (300,000) Net result Nil 2.   Considers the two deferred projects for inclusion in future budgets. CARRIED F8 - A0

 

 

12.3   Corporate & Community Services

Item: 12.3.1  

Policy Review - Executive Services 2022

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

 

File Ref: D21/40506

 

Applicant

Internal

 

Location/Address

N/A

 

Executive Summary

For Council to review the section of the Policy Manual that relates to Executive Services.

 

Recommendation in Brief

That Council adopt the Executive Services policies inclusive of amendments, inclusions and deletions as reviewed.

 

Background

A review of Council Policies is recommended to take place every two years, in line with Council elections to ensure that the Policies are in keeping with community expectations, relevance and current requirements.

 

Officer’s Comment

The following is a summary of recommended changes to the existing Executive Services policies. Please refer to Attachment A for details.

Ref No.	Policy Name	Recommended Amendment
EXE 006	Approval to Hold a Civic Reception	No change
EXE 007	Elected Member Entitlements	Update Communications Allowance section in line with current practice
EXE 008	Senior Employees	No change
EXE 011	Legal Representation Cost Indemnification	Remove reference to delegation as this is not a statutory requirement.
EXE 012	Conferring of Honours	Minor change - Formatting and wording of d)
EXE 014	Presentation of a Shire Plaque of the Council Crest	No change
EXE 017	Vandalism Rewards	No change
EXE 019	Risk Management	No change – to be reviewed following change in WHS legislation
EXE 020	External Committee Representation	No change
EXE 021	Community Engagement	Amend Strategic Community Plan and Pulse references, include communication and engagement strategy information,
EXE 022	Public Land Asset Strategy	No change to wording – moves to COR
EXE 023	Use and Storage of Presidential Chain	No change
EXE 024	Civic Centre Hire Fees Not to be Waived	No change to wording – moves to COR
EXE 025	Sporting Association Ground Fees	No change to wording – move to COR
EXE 026	Live Streaming and Recording of Meetings	No change
EXE 027	Electoral Caretaker Period	No change
EXE 028	Cultural Protocols	Move citizenship ceremonies from Welcome to Country section to Acknowledgement section
EXE 029	Attendance at Events	No change
EXE 030	Code of Conduct Behaviour Complaints Management	No change
EXE 031	Elected Member Professional Development	No change
EXE 032	Elected Member Social Media	No change

 

The review of EXE 010: Common Seal policy is still in progress and will be put to Council at a subsequent meeting.

 

It is noted that an absolute majority is required for amendments to the Attendance at Events and Elected Member Professional Development policies.

 

Consultation

Executive Services

 

Financial Implications

Nil

 

Asset Management Implications

Nil

 

Statutory Implications

Local Government Act 1995 – s.2.7(2)(b) Determine the Local Government’s Policies

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

Actively engage and communicate with the community to ensure informed decision making

 

Corporate Business Plan 2021/22 – 2024/25

Provide leadership and direction to implement the Corporate Business Plan

 

Environmental Considerations

Nil

 

Attachments

a⇨.

Executive Services Reviewed Policies - Under Separate Cover

 

RECOMMENDATION AND DECISION

12.3.1      Policy Review - Executive Services 2022 Moved:           Cr Chambers Seconded:     Cr de Haas O0122-012 Council Resolution That Council adopt the Executive Services policies inclusive of amendments, inclusions and deletions as reviewed. CARRIED F8 - A0

 

Item: 12.3.2  

Community Grants Program 2022/2023

Author/s	Trevor Ayers	Manager Community & Economic Development
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

 

File Ref: D21/40402

 

Applicant

Internal report

 

Location/Address

N/A

 

Executive Summary

For Council to approve the Community Grants Program Guidelines for the 2022/2023 year and advertise for applications.

 

Recommendation in Brief

That Council:

1.       Endorse the attached 2022/2023 Community Grants Program Guidelines; and

2.       Advertise for applications for the 2022-2023 Community Grants Program during February and March 2022.

3.       Consider recurrent operational funding for The Brass Band, Esperance Community Arts and The Cannery Arts Centre separately to the Community Grants Program.

 

Background

Each year the Community Grants Program is reviewed with amendments made to the guidelines if necessary. This year a significant review has been undertaken to simplify the process and enable a more responsive approach to supporting groups in the community as opportunities for Community Development arise.

 

Officer’s Comment

 

In previous years the Community Grants Payment has been made up of three categories of annual grants (Development, Events and Assistance) along with the Support category which is open all year. The annual grants are all submitted to Council for approval as part of the annual budget process, while the Shire President and CEO are delegated authority to approve the Support Grants. Table 1 below provides more detail about the four categories available.

 

Table 1

 

Currently any amount over $1,000 has to be applied for as an annual grant during a six week window in February/March. The Council approval process takes place in June and the grant funds are allocated from August onwards (until the following August). This means that some organisations may have to apply up to 16 months ahead for project support. This significant lead-in time makes it difficult for many community organisations to respond to project opportunities as they arise.

 

A suggested improvement to responsiveness is to simplify the program to 2 categories, Small Grants (up to $3,000) and Annual Grants (above $3,000) and increase the amount allocated for the Small Grant category and reduce the annual allocations by that same amount.  This would keep the total Community Grant Program funding at the current level, but result in a two-fold benefit, that funding would be available to groups all year round, as well as a faster turn-around time for the application process.

 

Table 2 below provides a summary of Community Grants issued this year to date and the previous 4 financial years.  It shows that on average, Council issues 25 grants under $1,000 and 7 grants under $3,000 per annum.

 

Summary of Grants Approved per Category
Year	Grants < $1,000		Grants < $3,000		Grants < $5,000		Grants > $5,000		Total
2021/2022	11*	$8,195	8	$16,070	7	$30,474	8	$254,180	$308,919
2020/2021	28	$24,694	4	$7,960	5	$24,850	10	$214,776	$272,280
2019/2020	27**	$19,958	8	$17,870	5	$23,638	5	$173,300	$234,766
2018/2019	37	$25,332	8	$12,949	5	$21,820	7	$152,796	$212,897
2017/2018	26***	$19,857	6	$10,236	5	$23,500	7	$140,301	$193,894
Average	25.6	$19,607	6.8	$13,017	5.4	$24,856	7.4	$187,071	$244,551
* Year to Date
** A number of approved grants weren't proceeded with due to Covid
*** Support grants were limited to a total pool of $20,000

Table 2

 

Proposed changes to the guidelines is summarized in Table 3 below.

 

Table 3

 

The key points to consider include:

Small Grants

·           Up to $3,000 to be available on an ongoing basis, until the annual budget is allocated.

·           The overall allocation of budget for small grants to be approved with the annual grant’s approval process (traditionally June OCM).

·           Small grants are currently approved under delegated authority by the CEO and President.  It is proposed to either continue this practice or change to one of the following:

1.         Create a review panel of two Councilors (suggest President plus one Councillor with Deputy and one other Councillor to deputize in their absence)

2.         Shire staff to fully manage and report to Council on a monthly basis

(either of these proposals would require a change in delegation).

·           Arts/Sports/Cultural Representation - Representation of Western Australia or Australia by either individuals or teams from Esperance – maximum level of support - $500. Previously this was $200 for State representation and $500 for National / International representation.

Annual Grants

·           Applications over $3,000 continue to be assessed by Council on an annual basis.

·           Organisations will be able to apply for more than one grant (provided only one application is for a purpose other than an event).

 

It is custom for Council to provide annual operational support to the Brass Band, Esperance Community Arts and The Cannery Arts Centre during this process.  As a part of this review, it is recommended to have a separate annual budget allocation for these groups, independent of the Community Grant Program, but continue to apply the same acquittal process. 

 

The current process of Councilors reviewing all grant applications above $1,000 usually takes at least two briefing sessions which results in Council spending significant time reviewing relatively repetitive or small budget allocations. The proposed change would enable Council to focus their time on the larger allocations with the smaller amounts and standard contributions being dealt with at an operational level.

 

This year it is intended to open the annual grant applications on the 1 February and close applications on the 14 March 2022.

 

This timing allows staff sufficient time to review applications, follow up any questions and provide detailed information to Council.

 

Consultation

Community Development Officer,

Community Development & Events Coordinator,

Manager Community & Economic Development,

Director of Corporate and Community Resources and

Manager Community Support.

Councilors briefing (Thursday 16^th December)

 

Financial Implications

The amount distributed through the Community Grants Program is at the discretion of Council through the 2022/2023 Budget deliberations and will not be affected by the proposed alterations to the Guidelines.

 

Asset Management Implications

Nil

 

Statutory Implications

Nil

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport, recreation, arts and cultural activities that can be pursued by all

Facilitate and support sport, recreation, arts and cultural activities

 

Environmental Considerations

Nil

 

Attachments

a⇩.

2022/2023 Community Grants Program guidelines

 

RECOMMENDATION AND DECISION

12.3.2      Community Grants Program 2022/2023 Moved:           Cr Obourne Seconded:     Cr McMullen O0122-013 Council Resolution That Council; 1.   Endorse the attached 2022/2023 Community Grants Program Guidelines; and 2.   Advertise for applications for the 2022-2023 Community Grants Program during February and March 2022. 3.   Consider recurrent operational funding for the Brass Band, Esperance Community Arts and The Cannery Arts Centre separately to the Community Grants Program. CARRIED F8 - A0

 

Item: 12.3.3  

Lease Renewal Request - The Country Women's Association of Western Australia

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

 

File Ref: D21/40680

 

Applicant

The Country Women’s Association of Western Australia

 

Location/Address

Lot 304 James Street Esperance, Reserve 23429

 

Executive Summary

For Council to consider entering into a new lease with the Country Women’s Association of Western Australia for Lot 304 James Street Esperance, Reserve 23429.

 

Recommendation in Brief

That Council enters into a new lease with the Country Women’s Association of Western Australia for Lot 304 James Street Esperance, Reserve 23429.

 

Background

Lot 304 James Street is Crown Land and was vested to the Shire of Esperance, with power to lease, for the purpose of ‘Rest Room Country Women’s Association’ in 1952, when the Country Women’s Association (CWA) began leasing the premises. The CWA Hall was built in 1971.

 

The current lease expired in September 2020 and since this time has been operating under the holding over clause due to the development of the James Street Precinct Plan.

 

In 2019, the CWA requested that their lease be renewed for a further 15 years. The longer term has been requested to provide security of tenure for the two branches who are based at the site and to support future investment in the premises.

 

The CWA has recently confirmed that they are still wishing to renew the lease for a further 15 years in accordance with the correspondence received in 2019.

 

Officer’s Comment

The James Street Precinct Plan is now nearing completion and the development of this area is not expected to impact the CWA’s current premises, therefore it is recommended that we proceed with the renewal of the lease.

 

Discussion with Officers has determined that there are no concerns with renewing the lease for this premises, therefore it is recommended to approve the lease request for a further 15 year term.

 

It was noted that the CWA’s building has been constructed across Lot boundaries into Lots 9 and 10 The Esplanade, however the Shire do not have power to lease for these Lots and therefore the lease area will remain being the whole of Lot 304 James Street.

 

Consultation

The Country Women’s Association of WA

Manager Community and Economic Development

Manager Strategic Planning and Land Projects

Coordinator Building Services

Coordinator Environmental Health

Compliance Officer

 

Financial Implications

Annual lease fee $110 Inc GST

Lease preparation fee $132 Inc GST

 

Asset Management Implications

Nil – land only lease

 

Statutory Implications

Local Government Act 1995 – s.5.83 Disposing of Property

Local Government (Functions and General) Regulations 1996 - Section 30(2) Dispositions of property excluded from Act s.3.58

Land Administration Act 1997 – Section 18 Crown Land Transactions that need Minister’s Approval

 

Policy Implications

COR 004: Building and Property Leases

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Growth And Prosperity

Esperance is seen as a destination of choice to live and work

Promote the Esperance lifestyle using environmental, built, cultural and social assets

 

Corporate Business Plan 2021/22 – 2024/25

Manage Shire Leases and Insurance

 

Environmental Considerations

Nil

 

Attachments

a⇩.

Lease Renewal Request - CWA

 

 

RECOMMENDATION AND DECISION

12.3.3      Lease Renewal Request - The Country Women's Association of Western Australia Officer’s Recommendation That Council enter into a lease with The Country Women’s Association of Western Australia for Lot 304 James Street Esperance, Reserve 23429, subject to; 1.       Department of Lands’ approval; 2.       Lease term being 15 years; 3.       Annual Lease fee being $110 Inc GST; and 4.       Lease Preparation fee payable of $132 Inc GST.

Motion Moved:           Cr Obourne Seconded:     Cr de Haas O0122-014      That Council lay Item 12.3.3 on the table until the James Street Precinct Plan has been endorsed.   CARRIED F8 - A0

 

Reason: To give council scope to make decisions about the James St Precinct Plan before committing to this lease.

Item: 12.3.4  

Financial Services Report - December 2021

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

 

File Ref: D22/280

 

Attachments

a⇩.

Financial Services Report - December 2021

 

RECOMMENDATION AND DECISION

12.3.4      Financial Services Report - December 2021 Moved:           Cr O'Donnell Seconded:     Cr Flanagan O0122-015 Council Resolution That Council receive the attached report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of December 2021. CARRIED F8 - A0

 

 

12.4   Executive Services

Item: 12.4.1  

Information Bulletin - December 2021

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

 

File Ref: D22/278

 

Applicant

Internal

Strategic Implications

Strategic Community Plan 2017 - 2027

Leadership

Work together to enhance trust, participation and community pride

Actively engage and communicate with the community to ensure informed decision making

 

Attachments

a⇩.	Information Bulletin - December 2021
b⇩.	Corporate Performance Report - Quarterly - December 2021
c⇩.	Delegations Discharge - Corporate Resources
d⇩.	Outstanding Resolutions - Quarterly Report

 

RECOMMENDATION AND DECISION

12.4.1      Information Bulletin - December 2021 Moved:           Cr Chambers Seconded:     Cr Obourne O0122-016 Council Resolution That Council accepts: 1.       Information Bulletin - December 2021 2.       Corporate Performance Report - Quarterly - December 2021 3.       Delegations Discharge - Corporate Resources 4.       Outstanding Resolutions - Quarterly Report CARRIED F8 - A0

                                       

13.     Reports Of Committees

Item: 13.1  

Minutes of Committees

Author/s	Emily Hegney	Executive Assistant
Authorisor/s	Shane Burge	Chief Executive Officer

 

File Ref: D22/251

 

Attachments

a⇨.	Greater Sports Ground Redevelopment Committee - 23 September 2021 - Under Separate Cover
b⇨.	Esperance Roadwise Committee - 21 June 2021 - Under Separate Cover
c⇨.	Museum Management Reference Group - 31 May 2021 - Under Separate Cover
d⇨.	Local Recovery Committee - 17 November 2020 - Under Separate Cover
e⇨.	Reconciliation Action Plan Working Group - 19 October 2020 - Under Separate Cover
f⇨.	Streetscape Advisory Committee - 14 October 2020 - Under Separate Cover
g⇨.	CEO Recruitment Committee - 21 September 2020 - Under Separate Cover
h⇨.	Community Support Sub Committee - 10 September 2020 - Under Separate Cover
i⇨.	Esperance Twin Towns Committee - 27 July 2020 - Under Separate Cover
j⇨.	Economic Sub Recovery Committee - 19 May 2020 - Under Separate Cover
k⇨.	Esperance Visitor Centre Management Committee - 19 December 2018 - Under Separate Cover
l⇨.	Scaddan Restoration Reference Group - 27 June 2018 - Under Separate Cover
m⇨.	Youth Advisory Council - 26 March 2018 - Under Separate Cover
n⇨.	New Landfill Community Reference Group - 2 October 2017 - Under Separate Cover

 

RECOMMENDATION AND DECISION

13.1        Minutes of Committees Moved:           Cr Flanagan Seconded:     Cr de Haas O0122-017 Council Resolution That Council confirm the following most recent minutes of committees which have been disbanded or converted to Working Groups: 1.       Greater Sports Ground Redevelopment Committee - 23 September 2021 2.       Esperance Roadwise Committee - 21 June 2021 3.       Museum Management Reference Group - 31 May 2021 4.       Local Recovery Committee - 17 November 2020 5.       Reconciliation Action Plan Working Group - 19 October 2020 6.       Streetscape Advisory Committee - 14 October 2020 7.       CEO Recruitment Committee - 21 September 2020 8.       Community Support Sub Committee - 10 September 2020 9.       Esperance Twin Towns Committee - 27 July 2020 10.     Economic Sub Recovery Committee - 19 May 2020 11.     Esperance Visitor Centre Management Committee - 19 December 2018 12.     Scaddan Restoration Reference Group - 27 June 2018 13.     Youth Advisory Council - 26 March 2018 14.     New Landfill Community Reference Group - 2 October 2017 CARRIED F8 - A0

  

14.     Motions of which Notice has been Given

Motion

Moved:           Cr McMullen Seconded:     Cr de Haas   O0122-018   That Council: 1.         Request the CEO to refurbish the existing town Christmas tree, restoring it back to its original condition. CEO to provide an update to Council on the progress/completion of this project at the May OCM. 2.         Request the CEO investigate options to illuminate the Norfolk Pine tree in the Post Office square, with a report provided to Council at the May OCM 3.         Request the CEO to do a full audit and testing of all Christmas street lighting to ensure all lights are fully functional for Christmas 2022. This is to include, ensuring that power provisions from Horizon Power street poles are adequate. CEO to provide a report to Council on this at the May OCM.   CARRIED F8 - A0   Rationale: Our towns festive Christmas lighting has been deteriorating and/or failing over the previous years and is in dire need of replacement or full refurbishment.

 

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

 

 

16.     Urgent Business Approved by Decision

 

Motion

Moved:           Cr Chambers Seconded:     Cr Obourne   O0122-019   That Council accept the following late items: 16.1       Beach Wheelchair Grant 17.2       0419-21 Supply, Deliver and Spraying of Bituminous Products   CARRIED F8 - A0

16.     URGENT BUSINESS APPROVED BY DECISION

Item: 16.1  

Beach Wheelchair Grant

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Mathew Walker	Director Asset Management

 

File Ref: D22/2156

 

Applicant

Asset Management

 

Location/Address

Town Beach

 

Executive Summary

For Council to consider accepting funding and a budget amendment for a beach wheelchair, beach matting and a storage shed.

 

Recommendation in Brief

That Council:

1.       Accept funding from Dept of Communities for an All-terrain Wheelchair Access for National Parks and Beaches Grant to assist with the purchase and installation of a beach wheelchair, accessible beach matting and a storage facility for the Town Beach; and

2.       Approve a budget amendment.

 

Background

During the consultation phase of the James St Beach Enclosure and Lap Pontoon, feedback from the Disability Access and Inclusion Workgroup suggested increasing the accessibility to the beach and infrastructure through the inclusion of a beach wheelchair, accessibly matting and a storage facility.

 

In November, we were made aware of a funding opportunity through the Department of Communities All-terrain Wheelchair Access for National Parks and Beaches Program. The funding provided up to $10,000 to provide accessible National Parks and Beach Infrastructure.

 

Officer’s Comment

Acting on the information and feedback received from the Disability Access and Inclusion Work Group, the All-terrain Wheelchair Access for National Parks and Beaches funding provided an opportunity to act on the Workgroups recommendations.

 

With ramp access to the beach, accessible toilets and showers, an all abilities playground and the new enclosure, the Town Beach is inclusive and accessible for a majority of the community, accessible for all to enjoy. This new equipment will further assist to enhance the area from an accessibility perspective.

 

The project put forward was to provide:

·        A new beach wheel chair

·        New beach matting down to the water

·        A new storage locker to store the beach wheel chair at James Street

 

The budget estimate for the project is $32,000. The Shire was successful in receiving a grant for $10,000 towards this project. It is proposed to fund the rest of the project from savings in the Beach Cleaning budget, as this has not started as the machine is currently being built, it is anticipated to arrive in February 2022.

 

Consultation

Disability Access and Inclusion Workgroup

 

Financial Implications

The financial implications arising from this report are detailed in the table below:

Description		Budget Figure	Amended Figure	Variation
All-terrain Wheelchair Access Grant	New	0	(10,000)	(10,000)
James Street Beach Inclusive Access	WNew	0	32,000	32,000
James Street Beach Cleaning	W3909	57,000	35,000	(22,000)
Net result				Nil

 

Asset Management Implications

The Asset Management implications are detailed below

	Capital	Annual	Comments
Capital	32,000
Interest (economic cost)		440	2% pa on Shire contribution
Depreciation (ongoing costs)		2,200	Over 10 years
Maintenance (ongoing cost)		1,600	5%
		4,240	Per year

 

Statutory Implications

Section 6.8 Local Government Act 1995.

 

Policy Implications

Nil

 

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A Community where everyone feels welcome, involved and connected to each other

Provide services, facilities and information that are inclusive and accessible

 

Corporate Business Plan 2021/22 – 2024/25

C1.2 Implement the Disability, Access and Inclusion Plan across the Shire

 

Disability Access and Inclusion Plan 2020 - 2025

C2 People with disability have the same opportunities as other people to access the buildings

and other facilities of the Shire of Esperance

C2.1 Ensure where appropriate and practical, that all new or re-development works provide access to people with disability

 

Environmental Considerations

Nil

 

Attachments

Nil
RECOMMENDATION AND DECISION

16.1        Beach Wheelchair Grant Moved:           Cr Obourne Seconded:     Cr Horan O0122-020 Council Resolution That Council: 1.       Accept funding from Dept of Communities for an All-terrain Wheelchair Access for National Parks and Beaches Grant to assist with the purchase and installation of a beach wheelchair, accessible beach matting and a storage facility for the Town Beach; and 2.       Approve a budget amendment as per the below table: Description Budget Figure Amended Figure Variation All-terrain Wheelchair Access Grant New 0 (10,000) (10,000) James Street Beach Inclusive Access WNew 0 32,000 32,000 James Street Beach Cleaning W3909 57,000 35,000 (22,000) Net result Nil CARRIED F8 - A0

  

 

18.     PUBLIC QUESTION TIME

1.    Dr K Nieukerke – Staff Vacancies

Dr Nieukerke asked about staff vacancies listed in our Quarterly Performance Report and the Workforce Plan mentioned in our Annual Report. Is the Workforce Plan which is mentioned ready and available for the public to view.

Mr Burge responded that we do have a Workforce Plan and it is due for review in the near future. It has not been available to public previously however Council could decide to make it publicly available.

Dr Nieukerke asked if some of the vacancies due to the Vaccine Mandate.

Mr Burge responded that he does not believe they are.

Cr Mickel additionally advised that we are working within State Government mandates and that the Shire staff are working very hard to continue to deliver all services to the community.

 

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 Obourne   O0122-021 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   Lease Surrender Request - Lisa Boardman - Jetty Site 2 This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)). 17.2   0419-21 Supply, Deliver and Spraying of Bituminous Products 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

 

Mrs Saunders, Ms Smith and all remaining members of the public left the Chambers at 5:25pm and did not return.

 

The Presiding Member read aloud the following Resolution;

 

17.1   Lease Surrender Request - Lisa Boardman - Jetty Site 2

Moved:           Cr O'Donnell Seconded:     Cr de Haas O0122-022 Council Resolution That Council surrender the lease over Jetty headland Site 2 with Lisa Boardman, subject to; 1.       Department of Lands Approval; 2.       Lease surrender fee of $220 Inc GST being payable; 3.       The Lessee being responsible for any outstanding rent and electricity usage costs; 4.       The site being advertised for expressions of interest; and 5.       The vacant Jetty Headland Site being made available to traders holding a valid Mobile Food Vendor Permit until such time as permanent tenants are appointed. CARRIED F8 - A0 Council note that Cr Chambers foreshadowed a motion.

 

 

Motion

Moved:           Cr Chambers Seconded:     Cr Obourne   O0122-023   That Council request the CEO to prepare a report for Council before the May 2022 OCM for the cost and feasibility of the Shire locating a food/beverage pod on Jetty Headland Site 2 as an alternative to a vacant site. CARRIED F8 - A0   Rationale: Council wish to know the cost of building a food/beverage pod on the vacant site to lease on short term basis to various operators. This will also test the community appetite for varied food and beverage options at the Jetty sites.

 

 

 

17.2   0419-21 Supply, Deliver and Spraying of Bituminous Products

Moved:           Cr Obourne Seconded:     Cr Flanagan O0122-024 Council Resolution That Council awards Request for Quote 0419-21 Supply, Deliver and Spraying of Bituminous Products to Bitutek Pty Ltd as per the schedule of rates, for an initial period until the 30 June 2023, with a twenty four month option to extend subject to satisfactory performance.   CARRIED F8 - A0

 

 

Coming from behind closed doors

Moved:           Cr Chambers Seconded:     Cr McMullen O0122-025 That the meeting come from behind closed doors.   CARRIED F8 - A0

 

 

19.     CLOSURE

 

The President declared the meeting closed at 5:45pm.