Agenda of Ordinary Council - Tuesday, 28 June 2022

Ordinary Council: Agenda

28 June 2022 Page 5

Disclosure of Interests

Notes for Your Guidance

Impact of a Financial Interest (s. 5.65. & s. 67. Local Government Act 1995)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a. In a written notice given to the Chief Executive Officer before the Meeting or;

b. At the Meeting immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

a. Preside at the part of the Meeting relating to the matter or;

b. Participate in, or be present during, any discussion or decision making procedure relative to the matter, unless and to the extent that, the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Interests Affecting Financial Interest

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest, pursuant to s. 5.60A or 5.61 of the Local Government Act 1995, requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious etc, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case needs to be considered.

4. If in doubt declare.

5. As stated if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed. Under s. 5.65 of the Local Government Act 1995 failure to notify carries a penalty of $10 000 or imprisonment for 2 years.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act 1995; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act 1955, with or without conditions.

Interests Affecting Proximity (s. 5.60b Local Government Act 1995)

1. For the purposes of this subdivision, a person has a proximity interest, pursuant to s.5.60B of the Local Government Act 1995, in a matter if the matter concerns;

a proposed change to a planning scheme affecting land that adjoins the person’s land; or
a proposed change to the zoning or use of land that adjoins the person’s land; or
a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2. In this section, land (the proposal land) adjoins a person’s land if;

The proposal land, not being a thoroughfare, has a common boundary with the person’s land; or
The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or
The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3. In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest, pursuant to Regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a. In a written notice given to the Chief Executive Officers before the Meeting or;

b. At the Meeting, immediately before the matter is discussed

Impact of an Impartiality disClosure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

Ordinary Council: Agenda

28 June 2022 Page 15

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD IN Council Chambers ON 28 June 2022

COMMENCING AT 4pm

1. OFFICIAL OPENING

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

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 W Graham Rural Ward

Cr R Horan Town Ward

Cr S Flanagan Town Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mrs H Phillips Director External Services

Mrs F Baxter Director Corporate & Community Services

Mr R Hindley Manager Strategic Planning & Land Projects

Miss E Hegney Executive Assistant

Miss A Palmer Trainee Administration Assistant – Executive Services

Miss E Godwin Trainee Administration Officer

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

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

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

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 24 May 2022 be confirmed as a true and correct record.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Industrial Shed - Lot 201 (2) Beech Street, Castletown

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Manager Strategic Planning & Land Projects

File Ref: D22/14801

Applicant

Wells Building Designers and Consultants on behalf of Drake Brockman Building and Construction Pty Ltd

Location/Address

Lot 201 (2) Beech Street, Castletown

P22#yIS1

Executive Summary

For Council to consider Development Application 10.2022.5000.1 for an Industrial Building at Lot 201 (2) Beech Street, Castletown.

Recommendation in Brief

That Council approve Development Application 10.2022.5000.1 for an Industrial Building at Lot 201 (2) Beech Street, Castletown subject to conditions.

Background

An application for development for an Industrial Building at Lot 201 (2) Beech Street, Castletown was received by Planning Services on 16 May 2022. The application was subsequently referred to Environmental Health and Asset Management Officers for comment.

The applicant approached the only affected adjoining landowner at Lot 202 (8) Beech Street, and obtained a written non-objection to the proposal.

An assessment of the proposal indicates a significant proposed reduction in the secondary street setback to Beech Street from a 10m requirement to 0.15m. Further, no additional car parking is proposed for the site despite an Industrial Building of between 500m² and 600m² having an automatic requirement for six (6) additional car parking spaces.

The application is referred to Council for determination given the proposed variations are non-compliant with the provisions of Local Planning Scheme No. 24.

Officer’s Comment

The two variations proposed to the provisions of Local Planning Scheme No. 24.

The first variation is to the secondary street setback. Under normal circumstances a 10m secondary street setback (half of the 20m primary street setback) is required. In this instance the applicant proposes the Industrial Building at a distance of 0.15m (150mm) from the boundary with Beech Street.

Part of the reasoning is a need for heavy vehicle access to a large site area for delivery and collection of building materials. The majority of the site is limited in terms of construction by the requirement to provide heavy vehicle access and associated space for loading and unloading. Accordingly, the building is proposed where an existing outdoor open stockpile is located. The materials previously in the outdoor stockpile (and other equipment) will be moved into the building once completed.

This placement will cause a degree of impact due to proximity to the street and building bulk. However, it may also provide a degree of benefit by acting as a dust and noise buffer between the industrial area and nearby residential properties. Further benefits will be increasing visual amenity through the relocation of materials currently stored in the open and acting as a screen to the rest of the site.

It should be noted that there are a number of developments within the industrial area that have had variations to setbacks approved under Local Planning Scheme No. 24.

The second proposed variation is to car parking provision. A 516m² Industrial Building normally requires six (6) car parking bays (one (1) per 100m² of gross floor area) with the applicant not indicating any additional car parking. As the proposed building is for storage associated with the existing construction business, it is unlikely to result in an increase in people on the property. Thus, the reduction in car parking is justified.

While there are proposed relaxations for the proximity of the building to the boundary and the provision of car parking on the property, it is acknowledged that the building is unlikely to cause a significant issue to the locality and may provide a degree of benefit.

Option 1: (Recommended)

That Council approve Development Application 10.2022.5000.1 for an Industrial Building at Lot 201 (2) Beech Street, Castletown subject to conditions.

Option 2:

That Council refuse Development Application 10.2022.5000.1 for an Industrial Building at Lot 201 (2) Beech Street, Castletown on the basis the application is not consistent with the provisions of Local Planning Scheme No. 24.

Consultation

A non-objection from the adjoining landowner at Lot 202 (8) Beech Street, Castletown was obtained by the applicant. No other referrals were deemed necessary.

Financial Implications

Application fees totalling $448.00 were received as part of this application.

Asset Management Implications

A condition has been included at the request of Asset Management Officers to address the matters relating to stormwater retention and onsite storage capacity.

Statutory Implications

Local Planning Scheme No. 24

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

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

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Place

Outcome 7. Responsible planning and development

Environmental Considerations

Nil

Attachments

a ⇩.	Plans
b ⇩.	Applicant's Justification

Officer’s Recommendation

That Council approve Development Application 10.2022.5000.1 for an Industrial Building at Lot 201 (2) Beech Street, Castletown subject to the following conditions:

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

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

3. The approved development shall not be used for human habitation.

4. All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

5. No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

6. All delivery vehicles must be located entirely on the site during loading and unloading of goods associated with the use of the site.

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

8. PRIOR TO ANY APPLICATION FOR A BUILDING PERMIT BEING RECEIVED, Engineers calculations are to be provided to the Shire of Esperance demonstrating that all stormwater run-off from impervious areas of the site can be retained to the property based on a 1 in 100 year event for a 72 hour model. Please note that a full stormwater management plan may be required.

9. 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.

10. Where petrol, benzine or other flammable or explosive substances or grease, oil or greasy/oil matter is likely to be discharged, a sealed wash down area and a petrol and plate oil separator must be installed and connected to an approved onsite effluent disposal system.

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

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

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

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

AND the following advice notes:

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

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

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

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

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

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

7. The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

8. 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.

9. The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Occupational Safety and Health Regulations 1996

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

10. The development the subject of this development approval is required to comply with the Shire Esperance Health Local Laws 2009.

11. Water Quality Protection Note No. 28: Mechanical servicing and workshops (September 2013) should be referred to in relation to construction, operation and management of workshops where mechanical servicing is undertaken.

12. Shire of Esperance strongly encourages that vehicle parking, manoeuvring and circulation areas for industrial properties be suitably constructed, sealed (asphalt, concrete or brickpavers), drained, kerbed, marked (including disabled bays) and thereafter maintained.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 27

Item: 12.1.2

Develpment Application - Single House and Ancillary Dwelling - Lot 21 (4) Frank Freeman Drive Bandy Creek

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

File Ref: D22/15425

Applicant

Cartman Designs on behalf of Kimberley Clothier and Robert Payton

Location/Address

Lot 21 (4) Frank Freeman Drive, Bandy Creek

Executive Summary

For Council to consider Development Application 10.2022.5001 for a Dwelling – Single House at Lot 21 (4) Frank Freeman Drive, Bandy Creek.

Recommendation in Brief

That Council approve Development Application 10.2022. 5001 for a Dwelling – Single House at Lot 21 (4) Frank Freeman Drive, Bandy Creek subject to conditions.

Background

An application for development approval for a Dwelling – Single House at Lot 21 (4) Frank Freeman Drive, Bandy Creek was received by Planning Services on 16 May 2022.

Lot 21 (4) Frank Freeman Drive, Bandy Creek is zoned ‘Rural Residential RR7’’ and has an area of 8004m².

The proposed Single House varies the secondary street setback requirement, proposing a 6m setback whereas the Scheme provides for a 10m setback.

Schedule 6 of Local Planning Scheme 24 (the Scheme) stipulates the 10m setback is created under Schedule 1 (which is created under Clause 32) and as such can be varied under Clause 34 which states:

34. Variations to site and development requirements

(1) In this clause —

additional site and development requirements means requirements set out in clauses 32 and 33.

(2) Except for development in respect of which the R-Codes apply, the local government may approve an application for a development approval that does not comply with an additional site and development requirements.

(3) An approval under subclause (2) may be unconditional or subject to any conditions the local government considers appropriate.

(4) If the local government is of the opinion that the non-compliance with an additional site and development requirement will mean that the development is likely to adversely affect any owners or occupiers in the general locality or in an area adjoining the site of the development the local government must —

(a) consult the affected owners or occupiers by following one or more of the provisions for advertising applications for development approval under clause 64 of the deemed provisions; and

(b) have regard to any expressed views prior to making its determination to grant development approval under this clause.

(5) The local government may only approve an application for development approval under this clause if the local government is satisfied that —

(a) approval of the proposed development would be appropriate having regard to the matters that the local government is to have regard to in considering an application for development approval as set out in clause 67 of the deemed provisions; and

(b) the non-compliance with the additional site and development requirement will not have a significant adverse effect on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

In utilising this clause to vary a development standard, affected owners or occupiers must be consulted with and the local government is to have regard to any expressed views before granting development approval.

Officer’s Comment

The proposed Single House varies the secondary street setback, proposing a 6m setback whereas the Scheme provides for a 10m secondary street setback. There is also an approved caretaker dwelling on the site that will be changed to Ancillary Accommodation as part of this application.

The applicant (Cartman Designs) provided a justification for the proposed setback as follows:

“We are requesting a reduced secondary Street setback of 6m to the garage. The property owners purchased this property with several outstanding non-compliant structures on it and some structures being in disrepair.

They have spent considerable time and money on bringing these buildings up to an acceptable standard and achieving compliance with all outstanding items with the Shire of Esperance, as well as fencing upgrades for the horse paddocks.

Initially, they wished to place the house in the southeast corner of the property within the 10m rear setback. However, when discussions were entered into with the adjoining neighbour, it was found that this would be unacceptable to them.

The proposed house location has been moved north to achieve a 10m setback to the closest point of the proposed lap pool, therefore making the rear setback compliant. We are requesting the 6m secondary Street setback to minimise the impact on the property's existing fencing, yards, and structures.

We do not believe that this reduced setback will negatively impact the adjoining or surrounding property owners, as there are several examples of reduced setbacks being approved within this area with no negative impact.”

An assessment of setbacks by Planning Officers show that a range of setbacks, several under 10m, exist within Racecourse Estate. It is therefore recommended that the development is approved.

Consultation

The application was referred to the adjoining landowner for comment between 20 May 2022 and 10 June 2022 with an extensive objection being received, as follows:

Objection	Planning Comment
As per the planning Scheme No 24 I would like to see this proposal keep in alignment with existing recommendations and those of prior existing Schemes - and in keeping with the proposed Bandy Creek strategy. So that authenticity continues in keeping with the overall aesthetics of the Racecourse estate.	Noted – The Scheme provides a 20m front and 10m secondary street setback. The relaxation can be accommodated under Clause 34 of the Scheme. Several setbacks under 10m exist within Racecourse Estate.
My specific objections include my personal fears of the impact on my property’s value due to this new dwellings situation as it is so unlike all the other estates homes which are set back away from the road frontage and they are distanced from each other offering privacy to all the varying individuals.	Contested – impact on property value is not a valid planning consideration.
Safety issues due to the closeness of the garage driveway to Kent Place as the verge is used by horses/riders, bicycles as they use the thoroughfare through to Daw Drive. Until other bridle paths are set with access down to bandy creek beach. The proposed plans means that there will be two driveways into Kent place and one driveway access to Frank Freeman drive.	Contested – the proposal was assessed by asset management officers who advised that there is not a validated road safety issue presented by the proposed development.
I have concerns around there being two dwellings on the Frank Freeman Drive property - the existing outbuildings includes a one bedroom shed house which is already set within boundaries.	Contested - The current caretakers dwelling was approved in 1995 and given its size will be reclassified as an Ancillary Dwelling. A single house can be accommodated on the site in addition to this.
Historically, previously when two solo men lived in the properties (7 Kent Place/Frank Freeman property) and where they had a mutual agreement between themselves this was never an issue though over the years, as the properties have been inherited and the Frank Freeman Drive property being sold it now could be problematic with there being two dwellings on the property particularly if one is used for staff, short term stay, as well as the proposed new home. Which also increases the traffic into Kent Place.	Contested – any future use of the site would be the subject of a new Development Application.
As the proposed house is on the bend where the garage driveway is planned, it is close to the existing 7 Kent Place driveway and with the proposed height of fencing increases the possibility around road safety issues.	Contested – the proposal was assessed by asset management officers who advised that there is not a valid road safety issue presented by the proposed development. It should also be noted that fencing is to a rural standard as stipulated by the Fencing Local Law which is visually permeable.
The removal of trees offering privacy to 7 Kent Place on the Frank Freeman property to make way for the proposed dwelling.	Noted – a number of trees would be removed to facilitate the development.
Predominantly, my feelings are that everyone else in the Racecourse Estate has had adhered to planning considerations and that there are several options for the clients of the Frank Freeman Drive property to build without requiring amendments to current planning guidelines impacting on other residents within the estate and existing neighbours.	Contested - All development is assessed under the prevailing planning framework that applies at the time of the application.
Emotionally my response is if the owners want to live that close to the roadside then they ought to have bought a property in another subdivision where precedents of existing homes are already set.	Noted – the local government is bound to consider an application on its merits and cannot consider an alternative proposal in lieu of the lodged application.
Perhaps council would like to relook at the existing outbuildings and their adherence to existing planning scheme No 24 at the same time. This may then create additional opportunities for the placement of the proposed dwelling.	Noted – all developments are assessed under the planning framework provided by the Scheme.

Financial Implications

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

Asset Management Implications

N/A

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005;

· Planning Scheme No. 24; and

· Planning and Development (Local Planning Schemes) Regulations 2015.

Policy Implications

N/A

Strategic Implications

Council Plan 2022 - 2032

Place

Outcome 7. Responsible planning and development.

Environmental Considerations

Nil

Attachments

a ⇩.	Development Plans
b ⇩.	Objection

Officer’s Recommendation

That Council approve Development Application 10.2021.5001.1 for a Single House and Ancillary Dwelling at Lot 21 (4) Frank Freeman Drive, Bandy Creek, subject to the following conditions:

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

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

3. The established caretakers building is hereby approved as an Ancillary Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definitions as extracted from the Residential Design Codes).

Ancillary Dwelling – Self contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house

4. This approval to establish an Ancillary Dwelling on the subject land shall not be viewed as providing a basis for subdivision of the land (either strata subdivision or fee simple (green title)) to create a separate title for the ancillary dwelling.

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

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

7. The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

8. 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).

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

11. Prior to the application for a Building Permit, the applicant shall submit to the Shire of Esperance a plan showing the exact location of any bores and/or wells on the site and that any bore or bores used to provide water for potable purposes are, or can be installed not closer than 30 metres to any effluent disposal system to the satisfaction of the Shire of Esperance.

12. Prior to any application for a Building Permit BEING RECEIVED, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Esperance, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

13. 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.

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

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

16. 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 the commencement of use with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant’s/owner’s expense.

AND the following advice notes:

1. THIS IS NOT A BUILDING APPROVAL CERTIFICATE. An application for a building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

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

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

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

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

7. Any Applications for the on-site treatment of effluent must be submitted to Shire of Esperance demonstrating that a system of suitable capacity can be accommodated within the site and that adequate land area will be set aside for the system, and shall include the following information:

Two (2) copies of a modified site plan drawn to a 1:100 scale are requested within 21 days from the date of this correspondence detailing the following information:

A. Proposed location of the onsite waste water treatment and disposal system; and

B. Setbacks of the system to buildings, boundaries, trafficable areas, bores and water courses;

8. The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

9. The approved development is required to comply with the following legislation (as amended from time to time):

· Health (Miscellaneous Provisions) Act 1911

· Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health Act (Laundries and Bathrooms) Regulations 1971

10. The development the subject of this development approval is required to comply with the Shire Esperance Health Local Laws 2009.

11. Any water body (spa pool, swimming pool, swimming bath, water slide and wave pool) located at a temporary, short stay or holiday accommodation operated as a business is considered an aquatic facility under the Health (Aquatic Facilities) Regulations 2007 (Regulations), and is to be registered with Shire of Esperance prior to commencement of use.

12. Ensure sufficient on site drainage for disposal of pool waste water and backwash to prevent nuisance. All liquid waste water from the pool should be disposed of in its own adequately sized disposal system.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 43

Item: 12.1.3

Proposed Road Closure - Portion of Road Reserve for the Intersection of Beech Street and Fisheries Road adjoining Lot 202 (2) Beech Street, Castletown

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

File Ref: D22/16100

Applicant

Wells Building Designers and Consultants on behalf of of Drake Brockman Building and Construction Pty Ltd

Location/Address

Portion of the Road Reserve for the Intersection of Beech Street and Fisheries Road adjoining Lot 202 (2) Beech Street, Castletown.

Executive Summary

For Council to consider granting final approval to the closure of a portion of the Road Reserve for the intersection of Beech Street and Fisheries Road which will be amalgamated with Lot 202 (2) Beech Street, Castletown.

Recommendation in Brief

That Council;

1. Request the Minister of Lands to close the portion of the Road Reserve for the Intersection of Beech Street and Fisheries Road adjoining Lot 202 (2) Beech Street, Castletown under Section 58 (1) of the Land Administration Act 1997.

2. Request the Minister of Lands amalgamate the closed portion of road with Lot 202 (2) Beech Street, Castletown.

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

4. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Background

The Shire of Esperance has been approached by the proponent to seek a resolution to an encroachment into the adjoining Road Reserve.

It is noted that the owners of Lot 202 (2) Beech Street, Castletown have undertaken works in a portion of the intersecting street adjoining their property. As the affected portion of land did not impact on the intersection, it was considered appropriate to undertake the road closure process with an aim of amalgamating the affected portion of land into Lot 202 (2) Beech Street.

Officer’s Comment

From a planning perspective, the closure of the affected portion of the intersection of Beech Street and Fisheries Road is appropriate as the affected portion does not impact on the movement of vehicles and/or pedestrians and does not interfere with sight lines.

Should Council wish to proceed with the closure, a formal request will be lodged with the Minister for Lands under Section 58(1) of the Land Administration Act 1997 to close the road portion and amalgamate the portion of Road Reserve into Lot 202 (2) Beech Street, Castletown.

Consultation

The road closure process operates under Section 58 of the Land Administration Act 1997, which requires a minimum 35-day public comment/referral period to all affected landowners and government agencies.

The proposed Road Closure was advertised from 29 April to 10 June 2022. A notice was also placed in the Esperance Weekender on 6 May 2021.

Four (4) submissions were received at the end of the advertising period, all of which came from government and servicing agencies. No submissions objected to the proposal.

Financial Implications

All costs associated with the road closure process in regard to title adjustments and new titles are to be met by the applicant. Thus, the Shire will need to indemnify the Minister against any costs associated with the request and in turn, the applicant will need to indemnify the Shire of all costs and charges in association with the closure.

An application fee of $800 applies to this application.

Asset Management Implications

The proposed road closure has been discussed with Asset Management staff, who support the closure request. The affected portion of the Road Reserve for the intersection of Beech Street and Fisheries Road will be amalgamated with Lot 202 (2) Beech Street, Castletown.

Statutory Implications

Local Government Act 1995

Land Administration Act 1997

Policy Implications

Asset Management Policy ASS 006: Permanent Road Closures

Strategic Implications

Council Plan 2022 - 2032

Place

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

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council:

2. Request the Minister of Lands amalgamate the closed portion of road with Lot 202 (2) Beech Street, Castletown.

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

4. Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 46

Item: 12.1.4

Esperance Museum Winter Closure

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

File Ref: D22/15787

Applicant

Location/Address

Esperance Museum

Executive Summary

For Council to note the six (6) week winter closure of the Esperance Museum.

Recommendation in Brief

That Council note the Esperance Museum will be closed for the period commencing 18 July 2022 and concluding on 1 September 2022.

Background

The Esperance Museum typically opens four days per week for three hours each day. Museum front of house operations heavily rely on a volunteer workforce with approximately 15 volunteers covering on average 34 shifts a month.

Over the summer and Easter school holidays, volunteers worked additional shifts to accommodate a seven-day opening of the Museum during peak visitor season. This creates 62 additional shifts requiring volunteer coverage.

Pre-COVID, there were 25 front of house volunteers. The Museum was already experiencing problems with fulfilling a full month roster while opening seven days per week. After a six-month COVID lockdown in 2020, a number of volunteers did not return. Since that time, the opening hours were reduced to the current four days per week, in line with the number of volunteers available.

Historically, the Museum has closed for three weeks each winter period, with the exception of 2021 when volunteers were enthusiastic for the doors to remain open after an extended lockdown period. During this time, building maintenance, cleaning and project work has been undertaken in the closed facility.

Officer’s Comment

Since COVID, there have been many changes to way the volunteers contribute their time to the Museum. With the reduced volunteer numbers, hours of operation were reduced from seven days to four, with additional hours required over school holidays to cover the seasonal seven-day opening.

With lower volunteer numbers, some volunteers are working additional shifts. With the average age of the volunteer cohort being 72 (ages range from 60 to 81) staff are very mindful of not placing excessive demands on this group.

Over the past month, Shire staff have been advised that many volunteers intend to travel over the winter period to seek out warmer weather. Many of these volunteers are the people who work the extra hours when required, leaving large gaps in the front of house roster.

Staff have managed to fill a roster for all of June, and four days a week opening over the July school holidays. After the holidays, there is not enough volunteers available to fill the roster to open for the rest of July and August.

A number of projects will be undertaken during the closure. These projects have been identified as part of a transition plan in preparation for future precinct changes and include cleaning out and stocktaking objects in existing storerooms, cleaning and building maintenance.

Consultation

Museum volunteers

Financial Implications

The financial implication arising from this report is a projected loss of approximately $2,100 in Museum income based on the six week closure.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 – 2032

Prosperity

Outcome 13. A vibrant and welcoming tourism destination.

Environmental Considerations

Nil

Attachments

Nil

Officer’s Recommendation

That Council note the Esperance Museum will be closed for the period commencing 18 July 2022 and concluding on 1 September 2022.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 48

Item: 12.1.5

Waiving of Venue Hire Fees - Esperance Basketball Association

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

File Ref: D22/16553

Applicant

Esperance Basketball Association

Location/Address

Esperance Indoor Stadium, Graham McKenzie Stadium and Noel White Pavilion.

Executive Summary

For Council to consider a request from the Esperance Basketball Association to waive venue hire fees for the Indoor Stadium, Graham McKenzie Stadium and Noel White Pavilion for the upcoming NBL1 Game (and associated events) between the South West Slammers and Kalgoorlie Giants.

Recommendation in Brief

That Council waive venue hire fees for the Esperance Indoor Sports Stadium, Graham McKenzie Stadium and Noel White Centre for the Esperance Basketball Association, excluding cleaning costs, for the NBL1 Game and associated events occurring from 8 to 11 July 2022.

Background

The Esperance Basketball Association in conjunction with Basketball WA, has arranged for the South West Slammers and Kalgoorlie Giants State Basketball League teams to play two men’s and two women’s games at the Esperance Indoor Stadium between 8 July to Sunday 11 July 2022.

The games form part of the Indigenous Round of the fixtures and will be played, and televised, on Saturday evening and Sunday afternoon. While the games will be ticketed, free clinics will be offered for players, umpires and coaches in the lead up to the event on Thursday and Friday.

Officer’s Comment

An event of this calibre is an excellent opportunity for local youth to participate in player and umpire clinics as well as spectating premier basketball games.

Additional economic benefits are anticipated in the form of tourism, visitation and increased profiling of the region. For example, there will be an entourage of approximately 80 players, officials and staff travelling to Esperance for the extended weekend, as well as supporters who follow the teams throughout the season.

The event is being organised and run by the Esperance Basketball Association, who estimate the cost of organising the events at between $15k to $20k. The events do not conflict with any other user groups as netball fixtures are on a break over the school holiday period.

Games and clinics will be held at the Indoor Sports Stadium. Training, warm up and team change rooms will be at the Graham McKenzie Stadium, and the Noel White Centre will be used for team meetings, administration, media and catering. The Esperance Basketball Association has requested a fee waiver or reduction in fees for use of these facilities for the weekend.

It is recommended the venue hire be waived, with cleaning costs covered by the Esperance Basketball Association.

Consultation

Esperance Basketball Association

Financial Implications

Venue hire fees for the three facilities for the four-day period total $7,072. The cleaning component of these fees is approximately 3,000. Thus, the fee waiver proposed is $4,072.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 – 2032

People

Outcome 3. A welcoming, inclusive and connected community.

Environmental Considerations

Nil

Attachments

a ⇩.

Letter of Request - Esperance Basketball Association

Officer’s Recommendation

That Council waive venue hire fees totalling $4,072 for the Esperance Indoor Sports Stadium, Graham McKenzie Stadium and Noel White Centre for the Esperance Basketball Association, for the NBL1 Game and associated events occurring from 8 to 11 July 2022.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 June 2022 Page 51

12.2 Asset Management

Item: 12.2.1

Bandy Creek Boat Harbour Dredging and Sand Back Pass Trial

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

File Ref: D22/16380

Applicant

Internal

Location/Address

Castletown Quays

Executive Summary

For Council to receive an update on the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing trial and consider seeking grant funding to install the permanent infrastructure.

Recommendation in Brief

That Council:

1. Note the update on the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing trial; and

2. Request the Chief Executive Officer to:

a. Seek funding for the installation of a permanent back-passing pipeline and other infrastructure, so that the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing can occur biennially at a significantly reduced cost; and

b. Bring a report to Council before accepting any grant funding for permanent back-passing pipeline and other infrastructure, so that Council can make a final determination to proceed with the project.

Background

In 2018 the Shire engaged BMT marine engineering consultants to undertake a Report to look at the Esperance Bay Coastal Erosions Options and recommend a long term solution. From the report the most cost effective solution over 20, 50 and 100 years was the Coordinated Bandy Creek Boat Harbour (BCBH) dredging & sand back-passing that offered a number of benefits. The Shire engaged BMT again to develop the Coordinated BCBH dredging & sand back-passing, including designs, environmental planning and liaison with the Department of Transport. From this work in consultation with the Department of Transport (DoT) a trial of this solution was consider the appropriate way forward so that it could be evaluated before committing to this as a long term solution.

A trial of the Coordinated BCBH dredging & sand back-passing occurred as part of the biennial dredging program at Bandy Creek Boat Harbour from May 2021 to September 2021. The trial involved the contractor installing a temporary above ground pipe for 3,500m and booster pumps to back-pass the sand to the erosion hotspot.

The cost of the trial was approximately $835,000 above the cost of the BCBH maintenance dredging program funded by the following, with in kind project management provided for by DoT:

· Shire of Esperance $442,000

· CAP Grant - $300,000

· DoT - $93,000

The trial resulted in 45,500m³ of dredged sand being placed in the erosion hotspot. The cost of the trial was significant due to the contractor having to:

· Install 3.5km of temporary pipe

· The refurbishment and operation of two diesel booster pumps

· The hire of an amphibious excavator and operator Ex Perth

Since the conclusion of the back passing operation, the site has been surveyed at intervals by DoT using a hydrographic survey of the sea bed to monitor the sand movement. Attached is the difference plot from the 22 September 2021 (post sand back-passing) to the 11 February 2022 based on the hydrographic surveys, which represents approximately 5 months in time. The sand movement over this time was approximately a net loss of 10,300 m³ of sand. The sand loss is roughly on track with expectations, which simplistically should be (45,500m³ / 24 months x 5 months) 9,500 m³ over 5 months.

Officer’s Comment

Ideally it would be best to wait for the full two years to assess the trail of the Coordinated BCBH dredging & sand back-passing. Unfortunately if we wait for this, we will miss the next BCBH biennial dredging program flagged for May 2023 and have to resort back to sand renourishment via tucks in the interim.

Based on the current results, it is proposed to continue the Coordinated BCBH dredging & sand back-passing as a medium to long term solution. For this to be done economically a permanent slurry pipeline from BCBH to the beach along Norseman Road is required and if funding allows two electric booster pump stations installed.

It is proposed to run the slurry pipeline along the existing / new pathway, this will require approximately 3,500m of pipe, 17 access pits, 3 booster pump locations, 4 offtake points in to the compartments and a control system conduit. The electric booster pump station would be located around Chaplin Street and Phyllis Street. A concept design of this is attached. It is estimated to cost $1.45 million to install the sand back-passing pipeline and associated infrastructure. It is further estimated to cost $1.3 million to install two electric booster pump stations to replace the diesel booster pumps.

By continuing the sand renourishment in the most sustainable way possible the Coordinated BCBH dredging & sand back-passing offers a low risk, proven solution that replaces longshore sediment transport loss in the Esperance Bay. There are currently grant opportunities available to assist with cost of installing coastal management infrastructure to the scale that is proposed. It is recommend that Council seek grant funding to install the permanent solution, as the funding required is not something the Shire would be able to cover by itself without reducing existing programs, acknowledging that we have not been able to assess the trial fully due to timing issues

Consultation

Department of Transport

Financial Implications

It is recommended the Shire set aside $700,000 in budget to help fund the Shire’s contribution towards the project. This would then be match with grant funding to complete the project.

Asset Management Implications

The asset management implications of the project of the slurry pipeline are.

	Capital	Annual	Comments
Capital	1,450,000
Interest (economic cost)		14,000	2% pa of $700,000
Depreciation (ongoing costs)		29,000	Over 50 years
Maintenance (ongoing cost)		10,000
		53,000	Per year

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Esperance Council Plan 2022 -2032

Planet

Outcome 4. The natural environment is valued, protected and enjoyed

Priority Project 4.1.6. Evaluate the sand back-passing trial at Bandy Creek Boat Harbour to establish if this solution will help to manage beach erosion in Esperance Bay.

Environmental Considerations

An Environmental Management Plan and Environmental Impact Assessment have been developed for the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing.

Attachments

a ⇩.	Post Trial - Diffplot Sep 21 to Feb 22
b ⇩.	Back Pass Pipeline - Concept Design

Officer’s Recommendation

That Council:

1. Note the update on the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing trial; and

2. Request the Chief Executive Officer to:

a. Seek funding for the installation of a permanent back-passing pipeline and other infrastructure, so that the Coordinated Bandy Creek Boat Harbour dredging & sand back-passing can occur biennially at a significantly reduced cost; and

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 56

12.3 Corporate & Community Services

Item: 12.3.1

Proposed New Shire of Esperance Dog Local Law

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
	Neroli Logan	Manager Development and Statutory Services
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D22/12296

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to commence the review process for the Dog Local Law.

Recommendation in Brief

That Council request the CEO to;

1. Give Local Public Notice of the proposed Shire of Esperance Dog Local Law 2022 in accordance with s.3.12(3) of the Local Government Act 1995;

2. Forward a copy of the proposed local law and public notices to the Minister for Local Government; and

3. Prepare a further report at the conclusion of the public submission period to enable Council to consider submissions.

Background

Local Laws are enforceable rules made by local governments to apply within their district. They help to establish and maintain the quality of life in line with the expectations of the local community and provide a standard under which businesses, residents and ratepayers must conduct their activities.

Local Laws support higher legislation (Acts of Parliament) to control and manage the more basic matters that affect the community. They can be helpful in the resolution of disputes, as well as achieving effective government.

Section 3.16(1) of the Local Government Act 1995 requires that all local laws of local government must be reviewed within an eight (8) year period after their commencement or from their last review date.

The Shire of Esperance Dog Local Law was gazetted in October 2002, updated in October 2009, and last reviewed in 2014. It is now due for its next scheduled review.

Officer’s Comment

The purpose of the Dog Local Law is to make provisions about the impounding of dogs, to control the number of dogs that can be kept on premises and the manner of keeping those dogs.

The effect of the Dog Local Law is to extend the control over dogs which exist under the Dog Act 1976.

It has been identified that multiple changes to the existing Shire of Esperance Dog Local Law 2002 are required due to changes in legislation, terminology, penalties and the removal of dog prohibited areas and dog exercise areas as these are proposed to be determined by Council Resolution in future.

These changes include, but are not limited to, the change in title from Dogs Local Law 2002 to Dog Local Law 2022, the addition of a contents page, expanded definitions, updated legislative references and clarification of inconsistencies relating to penalties. A new law is recommended, as opposed to amending the existing local law, due to the extensive changes required to reflect the current legislation and cotemporary management practices.

Removal of the dog prohibited areas and dog exercise areas from the Local Law will provide greater flexibility, as this will no longer require the Local Law to be reviewed for changes to be made.

Due to the significant changes to the existing Local Law, it is proposed that a new Local Law be adopted, which will repeal the current Local Law.

Changes are summarised below:

Sections	Changes
Title	Dogs Local Law will now be titled Dog Local Law
Contents	Included
Definitions	Pound is changed to Dog Management Facility, other additions included
Part 5 Miscellaneous	Places where dogs are prohibited absolutely and dog exercise areas has been removed on the advice of WALGA. This is addressed by section 31 (2B) of the Dog Act 1976 that states a local government, by absolute majority, may specify a public place where dogs are prohibited and Section 31 (3A) that states a local government, by absolute majority, may specific a public place to be a dog area.
Part 6 Enforcement
Schedule 3 Modified Penalty Table	3.1 Failing to effectively confine a dog penalty increase from $50/$200 to $200/$400 for consistency with the regulations. Keeping more than the prescribed number of dogs now has a penalty. Dogs excreting penalty has increased from $40 to $200.

Consultation

Manager Development & Statutory Services

Manager Planning & Land Projects

Manager Parks and Environment

Shire Ranger Team Leader

Financial Implications

The financial implications arising from this report will be restricted to advertising costs and resource time during the review process.

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995 (s3.12 and s3.16)

Policy Implications

Nil

Strategic Implications

Council Plan 2022 – 2032

Performance

Outcome 15. Operational excellent and financial sustainability.

Environmental Considerations

Nil

Attachments

a ⇩.

Proposed Dog Local Law 2022

Officer’s Recommendation

That Council request the CEO to;

1. Give Local Public Notice of the proposed Shire of Esperance Dog Local Law 2022 in accordance with s.3.12(3) of the Local Government Act 1995;

2. Forward a copy of the proposed local law and public notices to the Minister for Local Government; and

3. Prepare a further report at the conclusion of the public submission period to enable Council to consider submissions.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 June 2022 Page 74

Item: 12.3.2

Lions Club Lease

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

File Ref: D22/12374

Applicant

The Lions Club of Esperance

Location/Address

Portion of Lot 487 Goldfields Road and Lot 903 Walmsley Street Castletown.

Executive Summary

For Council to consider entering into a lease with the Lions Club of Esperance for their clubrooms located at Lot 487 Goldfields Road and Lot 903 Walmsley Street Castletown.

Recommendation in Brief

That Council enters into a lease with the Lions Club of Esperance for their clubrooms located at Lot 487 Goldfields Road and Lot 903 Walmsley Street Castletown.

Background

The Lions Club of Esperance (Club) have been utilising an area of the Lions Park for their clubrooms since approximately 1968.

Over the years, the Club have worked together with the Shire’s Parks team to maintain and develop the adjacent park area.

In 2019 it was identified that there is currently no written agreement in place with the Club for this area.

At this time, the Club was approached and agreed to enter into a lease, requesting a term of 21 years. At this time, it was discovered that the Shire’s Management Order for Lot 903 Walmsley Street, Reserve 41745, did not include power to lease and so a request was lodged with the Department of Lands to amend this. We have now received an updated Management Order for this reserve, which includes power to lease. The Club has been contacted and confirmed that they still wish to proceed with a lease for their clubrooms for a term of 21 years.

Officer’s Comment

Discussions with Shire Officers have determined that there are no concerns with proceeding to arrange a lease with the group over the clubrooms as there are no current plans for development or change of use of this area.

Currently, the Club mow the turf as required, and voluntarily undertake some minor maintenance of the sprinklers and playground equipment within the adjacent park area. Moving forward, due to the Club’s aging membership, however it is recommended that the Shire assume complete responsibility for all the playground and park maintenance requirements.

As a portion of the building is partially located on a Shire managed reserve, with the other portion falling on freehold land, it is recommended that we enter into the lease for a period of 20 years. It is noted that any term greater than 20 years on freehold land requires WA Planning Commission approval.

This will be a land only lease as the Club owns the building, with all maintenance and repairs remaining the responsibility of the Club.

Consultation

The Lions Club of Esperance

Manager Strategic Planning & Land Projects

Coordinator Building Services

Coordinator Environmental Health

Compliance Officer

Manager Economic Development

Supervisor Parks & Reserves

Financial Implications

Recommended maintenance budget for the FY2022/23 year $23,375 an increase from $17,775 in FY2021/22. This is to cover the increase in servicing requirements and resources.

Lease preparation fee of $132 Inc GST

Annual lease fee of $110 Inc GST

Asset Management Implications

Nil – Land only lease, Club responsible for maintenance and renewal of the building.

Statutory Implications

Local Government Act 1995 – s.3.58 Disposing of Property

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

Land Administration Act 1997 – s.18 Crown land transactions that need Minister’s approval

Policy Implications

COR 004: Building and Property Agreements

Strategic Implications

Council Plan 2022 - 2032

People

Outcome 2. A healthy and active community.

Objective 2.4 Grow community capacity by supporting community groups and volunteers.

Environmental Considerations

Nil

Attachments

a ⇩.	Lions Club Lease Request
b ⇩.	Confirmation of Lease Term Requested - Lions Club

Officer’s Recommendation

That Council, subject to Department of Lands’ approval;

1. Enter into a lease with The Lions Club of Esperance for portion of Lot 487 Goldfields Road and Lot 903 Walmsley Street Castletown;

2. The lease term being 20 years;

3. Charge an annual lease fee of $110 Inc GST;

4. Charge a lease preparation fee of $130 Inc GST; and

5. Assume complete responsibility for all the playground and park maintenance requirements.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 128

Item: 12.3.4

Long Term Financial Plan 2022/23 to 2031/32

Author/s	Felicity Baxter	Director Corporate & Community Services
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D22/15873

Applicant

Shire of Esperance

Location/Address

N/A

Executive Summary

The Long Term Financial Plan (LTFP) has been prepared based on a number of objectives and assumptions that are outlined in this report and supporting attachments. Strategies, priorities, issues, and risks are all dynamic influences in relation to any planning and as such the LTFP is reviewed and adjusted annually to reflect material changes.

This plan is set against economic uncertainty and will be reviewed every 12 months to reflect the prevailing economic conditions, such as COVID19 and changing community demands placed on the Shire. Consideration has been given to the economic drivers that will influence the future cost of providing infrastructure, facilities and services for the period 2022/23 to 2031/32. The values disclosed in this plan represent estimated future prices and costs.

The LTFP is a modelling tool to project the Shires financial commitments over the next ten years as a means of helping to ensure financial sustainability. It is a dynamic tool which analyses financial trends over a ten year period on a range of assumptions and provides information to assess the impacts of current decisions and budgets on future financial sustainability.

Recommendation in Brief

That Council adopt the revised Long Term Financial Plan 2022/23 – 2031/32.

Background

The LTFP is a 10-year rolling plan that informs the Council Plan and allocates the necessary resources to ensure that the Shire’s priorities are achieved. From these planning processes, annual budgets that are aligned with strategic objectives can be developed. It provides the basis for the preparation of the annual budget and reflects the known impacts of projects included in the informing plans and strategies.

The Shire constructed an operating baseline by using the 2021/22 budget and removing one off expenditure and carry-overs to obtain a minimum level of revenue and expenditure that the Shire requires to operate current service levels. Capital and new operating initiatives with accompanying funding sources were then incorporated with key consideration for renewal requirements and meeting the initiatives of the recently revised Council Plan. Strategic decisions have been made to distribute funds to new capital and operating projects or changes to existing services, repayment of loan debt or transfers to reserves, with particular focus on the Myrup Waste Transfer Station commencing in FY 2022/23, the James Street Precinct project in FY 2023/24 and continuation of property development in preparation for sale of the Flinders Land Development stage three and four.

The future years of the LTFP estimates the future impacts of current decisions and identify the available options to close the gap between revenues and expenditure. Forecasting informs decision making and priority setting and assists in the management of the local government’s response to community growth or contraction. It will also assist in the management of cash flows and funding requirements, community assets and risk. There should be a high level of accuracy in the forecasts for the first 2 – 3 years, a good level of accuracy for years 4 and 5 and a reasonable level of accuracy for the remaining 5 years of the plan.

This LTFP indicates our long-term financial sustainability, allows for early identification of financial issues and their longer-term impacts, shows the linkages between specific plans and strategies, and enhances the transparency and accountability of the Council to the community.

Officer’s Comment

The following information explains the major financial assumptions applicable to the Long Term Financial Plan and the major assumptions that have been used to develop the plan.

Assumptions

In preparing the LTFP the following assumptions and variables have been applied:

· Unless otherwise indicated through new proposals, service delivery levels are maintained at current levels

· All income and expenditures throughout the LTFP have been escalated based on

relevant index rate

· Rate increase of 6% for the first year, and forecast to reflect the Local

Government Cost Index for the remaining years

· Superannuation Guarantee is budgeted at 10.5% for 2022/23 with annual increments of 0.5% until reaching a rate of 12% on 1 July 2025 for the life of the plan.

· Perth Consumer Price Index (CPI) and Local Government Cost Index (LGCI) have been estimated conservatively and used for the remainder of the costs.

Employment Expenses

Increases in employment expenses have three main elements. These are:

1. Increases contained in the enterprise agreement

2. Increases and movements of levels within the current workforce and;

3. Additional positions that are required to meet the strategic direction of the Council and the growth of the community.

Employee costs are estimated to increase significantly at 6.2% (inclusive of expected growth in the shire) overall in the first year the plan, decreasing in the following years. Factors affecting this decision include the difficulties of attracting and retaining staff; increased difficulties for staff in locating accommodation, and the challenges associated with of one of the lowest rates of unemployment experienced in the state.

Materials and Contracts

Increases in Materials and contracts are in line with the Local Government Cost Index with a 6% plus additional 0.2% to take into account the estimated growth in the Shire of Esperance. However, certain materials have increased well above the quoted 5.7% LGCI inflation rate. For example the sudden increase in fuel prices has escalated plant operating costs by 20%, and the supply of bitumen for road works has risen by 50%. This puts pressure on the Shire’s ability to maintain service delivery standards and the extent of capital works within the predicted funding levels. A conservative approach has been taken that this is a transitional situation which will correct in future years. Rates will be closely monitored in future reviews of the plan.

Utility Charges

Utility charges have been factored in to increase by 6% for the life of the plan. Horizon power confirm a 5.9% increase in Street Lighting in the 2022/23 year.

Loan Borrowings and Repayments

Loan repayments are calculated on loan schedules that are currently in existence and the estimation of any future loan borrowings. The LTFP has proposed loan borrowings of $5m for a new Myrup Waste Facility, $5m for the James Street Precinct Project, and $3.5m for stage three of Flinders Estate. It is proposed that any future sales of land within the Flinders Estate will firstly repay debt before any further proceeds are placed into the Land Development Reserve.

Reserve Transfers

Transfer to Reserves are in line with existing reserve calculations that are contained within the 2021/22 budget and increased by 2% to take into account inflation factors. In areas such as the airport or waste management these transfers could change if their net operating results changed. Continual scrutiny and review of the fees being charged in these areas are essential to ensure sufficient money is being captured in the reserves to pay for large capital expenditure in future years. Interest on Reserve holdings has been calculated at 1.0% and is reinvested into the reserve.

Rate Revenue

Rate yield increases are forecast for 6% for 2022/23, 5% for 2023/24 and 4.5% for the following 3 years of the plan until it reduces to 2.5% for the remainder of the plan. It is estimated that the additional income that is generated that is higher than normal operational requirements will be spent on increased material costs of new capital and reducing the asset management gap that the Shire currently has.

Operating Grants

An initial increase of 4.5% for the 2022/23 year decreasing to 2% for the remaining years has been allowed for in the LTFP. Although this funding source is somewhat unknown as political and economic factors can influence any increases that the different levels of government may offer, a small increase has been assumed to cater for general inflation increases.

Fees and Charges

Fees and Charges that Council has discretion over has been increased by 5% in the first year then an average of 2.7% on average for the remainder of the plan.

Capital Grants

Road grants from the Regional Roads Group have been estimated at the existing levels, averaged from the past two years. Regional Road Group is a competitive process and application has to be made each year for specific projects, the allocations can therefore fluctuate significantly. Roads to Recovery grants have been maintained for the life of this plan.

A large number of the capital projects are reliant upon grants from external sources. If the funding from these sources does not eventuate the projects may need to be reviewed or alternate funding sourced.

Capital Expenditure

Capital Expenditure is in line with existing Asset Management Plans and has been increased by 2% in line with depreciation estimates.

Road expenditure is in line with existing annual allocations and increased by 2% in line with expected inflation. Additional expenditure is expected to be increased over the life of the plan to help address the asset management gap in the transport area and more specifically rural road re-sheeting.

The 10 year capital works program has been developed with consideration to the funding source and if the asset is renewal, upgrade or new. As identified in the capital grants section a number of key infrastructure projects are heavily reliant upon external grant funds. If external funding from these projects does not eventuate to the amounts as indicated in the plan then the scope of each capital project will need to be revisited or the project postponed until further funding is sourced.

Council Plan

Per Item 12.3.2 of the 24 May 2022 Ordinary Council Agenda, the four year Financial Summary is presented for inclusion in the Council Plan.

Consultation

The Council Plan has been referenced and consulted in developing the plan.

A number of workshops were held with Council to go through a number of scenarios and assumptions.

Financial Implications

Although the adoption of the Long Term Financial Plan does not have any financial implications, the annual budget will be drafted in line with year 1 of the Long Term Financial Plan.

The LTFP also documents the implications of sustainability for the Shire over a 10 year period and the implications from a financial perspective of the assumptions that underpin the plan.

Asset Management Implications

The Long Term Financial Plan sets out the strategies to close the life cycle gap and still ensure service delivery is maintained at an acceptable level to the community.

Statutory Implications

Section 5.56(1) and (2) of the Local Government Act 1995 requires that each local government is ‘to plan for the future of the district’, by developing plans in accordance with the regulations. Local Government (Administration) Regulations 1996 Section 19 outlines what is required of Planning for Future documents.

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Performance

Outcome 15. Operational excellence and financial sustainability.

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

Priority Project 15.1.1. Review the Long Term Financial Plan and informing plans per IPR Framework.

Environmental Considerations

Nil

Attachments

a ⇩.

Long Term Financial Plan 2023-2032: Statements & Schedules

Officer’s Recommendation

That Council

1. Adopt the Long Term Financial Plan 2022/23 – 2031/32.

2. Request the Chief Executive Officer give local public notice of the reviewed Long Term Financial Plan and update the Council Plan to include the Financial Summary as per the requirements of the Local Government Act 1995.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 149

Item: 12.3.5

2022/23 Community Grants Program - Budget Allocation

Author/s	Shane Tobin	Community Development & Events Coordinator
Authorisor/s	Felicity Baxter	Director Corporate & Community Services

File Ref: D22/16016

Applicant

Internal Application

Location/Address

N/A

Executive Summary

For Council to consider the applications received under the Community Grants Program and determine allocations in the 2022/23 budget and a pre-approval for the 2023/24 budget. To formalise the internal approval processes for the Small Grants funding.

Recommendation in Brief

That Council includes funds into the 2022/23 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program. That Council adopts the proposed Small Grants Approval policy and rescinds the existing donations delegation.

Background

The Community Grants Program is the Shire’s principal community investment program. Through this program Council contributes to community wellbeing by:

· Supporting and stimulating diverse projects, programs and activities;·

· Encouraging collaboration through engagement and participation in the community;·

· Facilitating stronger, more sustainable and resilient communities; and·

· Supporting the maintenance and upgrade of community facilities.

The guidelines and application forms for the Community Grants Program are available on the Shire’s website. The guidelines state that “The grants program is designed to provide limited financial assistance and is not intended to be relied upon as a primary or recurrent source of funding”, and “All funding requests must not exceed 50% of the total project cost (with the exception of the Small Grants category).”

Among other requirements, part of the guiding assessment criteria states that applicants need to demonstrate the community need for the project, benefit to the community, alignment to the Shire of Esperance Council Plan, organisational ability to effectively manage the project and capacity to make a financial and in-kind contribution towards the project.

A total of 9 applications, requesting $289,371 were received under the annual grant category of the Community Grants Program. Last year there were 27 applications totalling $357,766. As anticipated, the reduced number of applications was due to the restructuring of the grants categories with the minimum annual grant amount raised from $1,000 to $3,000 resulting in a reduction in applications for smaller funding amounts. Additionally, Council resolved in January 2022 that core operational funding for the Esperance Brass Band; The Cannery Arts Centre and Esperance Community Arts Inc. will now comprise a separate annual budget allocation. This resolution further reduced the number of applications.

Included in the applications received, was an application from the Esperance Football and Sporting Club for consideration of a pre-allocation of funds to be distributed in the 2023/2024 financial year. Confirmation of Shire funding is requested to meet the timing requirements of Esperance Football and Sporting Club's CSRFF grant application. The Wildflower Festival application includes in-kind Shire support for up to $2,000 for Civic Centre hire. And an application for the Esperance Music Festival Inc. has been withdrawn.

The Small Grants category will be open for the full financial year 2022/23 to enable community groups to respond to opportunities timely as they present throughout the year.

Officer’s Comment

The Community Grants Program applications have been supplied to Council along with a summary of each application to assist with the assessment of applications received.

Total applications this year were valued at $289,371. Last year’s applications totalled $357,766 which included core arts funds.

An annual allocation for the Small Grants Category also needs to be approved for the 2022/2023 budget. It has been proposed that this be set at $50,000, which is double the previous Support Grants budget of $25,000. It is anticipated that as the maximum amount is being changed from $1,000 to $3,000 that there will be increased demand upon this funding pool.

Following research and discussions with WALGA, it has been identified that the current approval process of using Delegation 11.1: Donations is technically not required under the LG Act 1995. Instead it is best practice to have a policy in place to identify parties who are approved by Council to process community grant applications. The Small Grants Approval policy has been drafted and is recommended to Council for adoption. The existing delegation should then be rescinded by Council by absolute majority vote.

Consultation

The Community Grants Program applications have been workshopped with Council in May, with several of the applicants also being invited to present to Council in early June. At the workshop the proposed approval process for the Small Grants Category was also confirmed.

Applications were originally assessed by the Community Development Team with input from other Shire officers where appropriate. Final approval was then confirmed by the CEO and Shire President.

Advice has been received from WALGA to put in place a Small Grants Policy. The existing donations delegation is no longer required.

Financial Implications

Allocations approved in this agenda item will be factored into Council’s 2022/23 and 2023/24 Annual Budget.

Asset Management Implications

Nil.

Statutory Implications

The statutory implications associated with this item are contained within Local Government Act 1995, Section 6.2 - Local Government to prepare annual budget.

Policy Implications

N/A

Strategic Implications

Council Plan 2022 - 2032

People

Outcome 2. A healthy and active community.

Objective 2.4. Grow community capacity by supporting community groups and volunteers.

Environmental Considerations

N/A

Attachments

a ⇩.	Small Grants Approval Policy
b ⇩.	Delegation 11.1 - to be rescinded

Officer’s Recommendation

That Council:

1. Includes $280,494 into the 2022/2023 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program:

a. Small Grants category budget of $50,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

b. Annual grants category budget of $23 allocated as follows:

Organisation	Requested Amount	Approved Amount
Esperance-Goldfields Surf LifeSaving Club Inc.	$160,877	$152,000
Rotary Club of Esperance Inc	$20,000	$20,000
Esperance Care Services Inc.	$19,068	$19,068
Esperance Zone Innovation (EZI) Group Inc.	$10,000	$10,000
Rotary Club of Esperance Inc	$10,000	$10,000
Esperance Community Arts (Inc)	$10,000	$10,000
Cannery Arts Centre (Inc)	$5,500	$5,500
Esperance Pistol Club	$3,926	$3,926

2. Includes $95,130 into the 2023/2024 Annual Budget, to be distributed in accordance with the criteria and guidelines of the Community Grants Program.

Organisation	Requested Amount	Approved Amount
Esperance Football & Sporting Club (Inc.)	$157,562	$95,130

3. Advise the Esperance Lotteries House Association Inc that their application will be considered by Council as part of the 2022/23 Budget deliberations, but separate to the Community Grants Program.

4. Adopt the Small Grants Approval Policy.

5. Rescind the existing delegation: Local Government Financial Management Regulations 1996: 11.1 Donations (r.12)

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 June 2022 Page 155

12.4 Executive Services

Item: 12.4.1

WALGA Annual General Meeting and WA Local Government Convention 2022

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

File Ref: D22/12957

Applicant

Executive Services

Location/Address

Internal

Executive Summary

For Council to consider nominating two (2) voting delegates for the 2022 WALGA Annual General Meeting, to be held in Perth on Monday 3 October 2022, as part of the 2022 Annual Local Government Convention.

Recommendation in Brief

That Council nominate two (2) Councillors as the Shire’s Voting Delegates for the WALGA Annual General Meeting and request the CEO to register Councillors for the Local Government Convention 2022.

Background

The 2022 WA Local Government Convention & Trade Exhibition (Local Government Week) will be held on Monday the 3^rd and Tuesday the 4^th of October 2022 in Perth.

As per previous Local Government Weeks, WALGA will hold its Annual General Meeting, to discuss and consider local government industry issues. Each Council of WALGA has the ability to elect two (2) voting delegates to participate at the WALGA Annual General Meeting (non-voting delegates are also able and encouraged to attend).

Officer’s Comment

Attendance at the annual WA Local Government Convention is open to all Councillors. Registration fees, travel and accommodation expenses will be paid by Council in advance for any Elected Member(s) choosing to attend the WA Local Government Convention.

The theme for the 2022 WA Local Government Convention is Embracing Change. With increasing community expectations of Local Governments, legislative reform, and a rapidly changing economic, social and political environment, Local Governments must find new ways of serving and engaging with their communities, doing business and strengthening their influence. Agility, ingenuity, innovation and boldness will be required. This Convention will explore changes to the Local Government landscape over the coming years and how the sector can come together to inform, guide and embrace change.

As a member of WALGA, it is important that Council also attend WALGA’s Annual General Meeting, requiring the election of voting delegates by Council.

Financial Implications

The costs associated for this conference can be accommodated within 2022/23 budget: Members of

Council Travel, Accommodation and Conference expenses. Anticipated costs are approximately $3,000 per delegate, comprising registration of $1,200; airfares in the vicinity of $500 return and accommodation of approximately $1000 per delegate plus meals and other miscellaneous expenses.

Due to his Honorary Life Membership with WALGA, Cr Mickel has a complementary Full Delegate Registration to this event. However, this does not include optional events such as the Gala Dinner.

Policy Implications

Council Policy EXEC-007: Elected Member Entitlements

Strategic Implications

Council Plan 2022 – 2032

Performance

Outcome 14. Community confidence and trust in Council.

Objective 14.1. Provide transparent, accountable and effective leadership.

Attachments

a ⇩.	Email - Notice of WALGA 2022 Annual General Meeting
b ⇩.	Official Notice of WALGA 2022 AGM and Council Information

Officer’s Recommendation

That Council:

1. Nominate Councillors _____________ and ________________as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on 3 October 2022.

2. Request the CEO to register Councillor/s________________________________ to attend the 2022 Western Australian Local Government Convention held in Perth on 3-4 October 2022.

Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 192

Item: 12.4.3

Public Transport Trial MOU

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

File Ref: D22/15821

Applicant

Public Transport Authority

Location/Address

Esperance Townsite

Executive Summary

For Council to consider the Memorandum of Understanding for the public bus service trial to be undertaken by the Public Transport Authority (PTA).

Recommendation in Brief

That Council endorse the Memorandum of Understanding for a public bus service trial in partnership with the Public Transport Authority.

Background

At the December Ordinary Council Meeting, Council resolved the following-

O1221-001

Council Resolution

That Council

1. Request the Public Transport Authority conduct a 12 month trial public town bus service.

2. Commit up to $60,000 as a 50/50 co-contribution to the trial.

3. Request the CEO bring a proposed Memorandum of Understanding back to Council for endorsement prior to the commencement of the trial.

4. Fund the $60,000 from the Priority Projects Reserve

CARRIED

F9 - A0

Since that time the Public Transport Authority had undertaken community consultation, with very positive results (See Attachment 1).

The consultation results provided confidence for the Public Transport Authority to finalise the network design which included timings, stopping locations and route design.

Several minor bus stop issues came to light through the process. The bus stop posts that will be assigned to these trial service routes will need to be orange in colour. This means all the current blue school bus posts which are located along the trial routes will also need to change colour. The colour change is necessary as the orange colour designates the location as a public bus stop. It is expected that approximately 60 new bus stop posts installed and a further 60 blue posts changed from blue to orange.

Officer’s Comment

The MOU as attached is in line with the expectations of the agreement between the PTA and the Shire at the time of agreeing to the trial.

In summary in exchange for the contribution from the Shire of $60,000 the PTA will-

· provide the bus service for 12 months in accordance with the route schedule and timetable

· require a minimum of 6 passengers per trip to justify the retention of the service

· review of the service after six months of operation and provide feedback

Consultation

Public Transport Authority WA

Financial Implications

The financial implications arising from this report are in line with the $60,000 for the 12 month trial that Council had previously resolved to fund from the Priority Projects Reserve.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Place

Outcome 10. Safe, affordable, accessible and sustainable transport system.

Priority Project 10.4.1. Support a public bus service trial.

Environmental Considerations

Public transport is often seen as a positive initiative for the environment to encourage a ride sharing arrangement and reduce individual transport.

Attachments

a ⇩.	Public Consultation Report
b ⇩.	Public Bus Service Trial MOU

Officer’s Recommendation

That Council

1. Acknowledge the public consultation that the Public Transport Authority conducted in relation to the public bus service trial.

2. Endorse the Memorandum of Understanding titled Provision of the Esperance Trial Bus Service.

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 215

Item: 12.4.4

Clock Tower - Funding Request

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

File Ref: D22/16518

Applicant

Esperance Miniature Railway Society Inc.

Location/Address

Adventureland Park, Esperance

Executive Summary

For Council to consider providing financial support and waiving fees to assist the Miniature Railway Society Inc. to undertake remedial work on the clock tower to allow them to obtain an Occupancy Permit.

Recommendation in Brief

That Council;

1. Waive Building and Occupancy Permit application fees to Esperance Miniature Railway Society Inc. for the Clock Tower at Adventureland Park.

2. Approve funding of $25,000 to support the required remediation works on the Clock Tower to achieve an Occupancy Permit.

3. Amend the municipal budget as follows-

Description		Budget Figure	Amended Figure	Variation
Community Grants	01-3780-405	0	25,000	25,000
Priority Projects Reserve	01-3780-960	(0)	(25,000)	(25,000)
Net result				0

Background

The landowner where the clock tower is installed is Southern Ports Authority with a lease to the Shire of Esperance. The clock tower belongs to the Esperance Miniature Railway Society Inc. who have a volunteer membership based around providing miniature railway rides to children.

A building license was issued in 2006 for the construction of the “clock tower” at Adventureland Park with the engineering aspects of the building being prepared and approved by Duncan Jack Consulting.

The clock tower was built around 2008 using a modular construction which involved sections of the towers being constructed off site and then each section being craned into position. The tower features a locally built pendulum mechanism, 4 face clock and individually casted bells. Volunteers involved in the project hope that the tower will remain in Esperance for many years.

Once construction is completed the Miniature Railway Society are required to obtain an “Occupancy Permit” through the Shire of Esperance which is a statutory requirement. Structural engineers are required to provide “certification” of the clock tower as part of the process required to obtain an Occupancy Permit.

Engineering certification could not be obtained due mainly to the tower exceeding in height (around 5m) and casted bells being installed that were not detailed in the original building permit. Additionally, concern was also raised on an unused underground fuel storage tank positioned near the concrete footing of the clock tower that could potentially compromise the structural integrity of the clock tower.

Over the past few years the Miniature Railway Society Inc. have engaged a number of engineering consultants (at a considerable cost) to consider the remedial work that is required to both the tower and footings. Given the unique nature of the construction, specialist engineering consultants have been required and have recently provided a solution to the construction issues. The fuel tank issue had also recently been resolved by Southern Ports Authority by filling the tanks with concrete ensuring the structural integrity of the footings to the clock tower would not be undermined.

The Esperance Miniature Railway Inc. have recently received quotes from a local business to undertake the remedial works. These costs are in the vicinity of $70,000 with the works needing to be undertaken or overseen by a Registered Builder. The Miniature Railway Society state that the total outstanding costs to finalise the project are approximately $85,000

Officer’s Comment

The clock tower is a unique piece of infrastructure that has been built with a large number of volunteer hours and support. The tower adds significantly to the atmosphere of Adventureland Park and particularly to the experience of the miniature railway. The miniature railway precinct adds considerable tourism and playground benefit to the Esperance community.

From Councils statutory perspective, the Shire have an obligation to discharge responsibilities in relation to approvals/building codes. In this instance for a variety of reasons this obligation on the part of the Shire has not been fulfilled. The Shire is also required to issue an Occupancy Permit which, in this instance, requires engineering certification.

Over recent times the Miniature Railway Society have been proactive in trying to find a resolution to the situation to ensure an occupancy permit can be obtained. As noted in their letter to the Shire (Attachment A) considerable money has also been spent to get them to this stage.

A suitable solution to the issue has now been found through the Miniature Railway Society’s engagement of WGA Engineers by enlarging the footings to the building and installing strengthening rods on the inside of the clock tower (Attachment B). Provided this remediation work is undertaken then WGA will provide the engineering certification that is required to issue the Occupancy Permit.

The Miniature Railway Society Inc. are keen to undertake the work although funding has now become an issue for them, due mainly to the costs incurred to date on finding a solution to the engineering issues. The Miniature Railway Society Inc. have indicated that they have some funds to undertake the work although they need further support.

Southern Ports as the owners of the land have also been engaged in this process and are also considering a funding request. Provided both the Shire and the Southern Ports contribute to the remediation work then the issue should able to be resolved.

As the clock tower is currently on Shire leased land from Southern Ports and the tower is in a prominent public location with significant public ownership it is the officer’s recommendation to support the request for funding and waiver of building fees to allow the remediation works to resolve the issue.

Consultation

Esperance Miniature Railway Society has consulted with a number of engineers in pursuing the solution to the clock tower.

The Shire has consulted with Southern Ports in relation to funding in assisting the Miniature Railway Society Inc. A positive verbal response has been received although formal consideration of the request is currently being considered.

Esperance Miniature Railway Society Inc. have also applied for additional funding from other sources although the outcome is yet to be received.

Financial Implications

The financial implications arising from request is a contribution to the remediation works of $25,000 to be funded from the priority projects reserve.

The building application fee is estimated at $110 and the Occupancy Permit Application Fee is $110.

Description		Budget Figure	Amended Figure	Variation
Community Grants	01-3780-405	0	25,000	25,000
Priority Projects Reserve	01-3780-960	(0)	(25,000)	(25,000)
Net result				0

Asset Management Implications

Nil as the clock tower is owned by the Esperance Miniature Railway Society Inc.

Statutory Implications

Resolution of this issue would ensure compliance with Building Act 2011 and associated regulations.

Policy Implications

Nil

Strategic Implications

Council Plan 2022 - 2032

Place

Outcome 9. Attractive and welcoming places.

Objective 9.3.Provide quality community facilities, parks and spaces.

Environmental Considerations

Nil

Attachments

a ⇩.	Miniature Railway Request Letter
b ⇩.	Remediation Solution Drawings

Officer’s Recommendation

That Council;

1. Waive Building and Occupancy Permit application fees to Esperance Miniature Railway Society Inc. for the Clock Tower at Adventureland Park.

2. Approve funding of $25,000 to support the required remediation works on the Clock Tower to achieve an Occupancy Permit.

3. Amend the municipal budget as follows-

Description		Budget Figure	Amended Figure	Variation
Community Grants	01-3780-405	0	25,000	25,000
Priority Projects Reserve	01-3780-960	(0)	(25,000)	(25,000)
Net result				0

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 June 2022 Page 227

Item: 12.4.5

Legislative Impacts for Volunteer Bush Fire Brigades - Proposed WALGA Advocacy Position

Author/s	Mel Ammon	Manager Community Support
Authorisor/s	Shane Burge	Chief Executive Officer

File Ref: D22/16608

Applicant

Location/Address

Executive Summary

For Council to consider a response to WALGA on the Arrangements for Volunteer Bush Fire Brigades: Proposed Advocacy Position, paper.

Recommendation in Brief

That Council advise WALGA the preferred position of the Shire of Esperance in the future management of Bush Fie Brigades, as per the WALGA document Arrangements for Management of Volunteer Bush Fire Brigades, is Option 2:

“Improvements – continue with the current arrangements for Local Government management of BFB’s with additional support provided by the State Government with respect to increased funding and better access to training resources and other support.”

Background

Volunteer Bush Fire Brigades have formally been part of emergency response in Western Australia since the introduction of the Bush Fire Act 1954. Prior to this time, the role was carried out as required with minimal formal oversight. Under the Bush Fire Act 1954, Local Governments have the legislated responsibility for the management of Bush Fire Brigades and bush fire response in their local government area.

In 2003, the Emergency Services Levy (ESL) was introduced to financially assist local governments in the running of Bush Fire Brigades and the provision of resources, including trucks and sheds, personal protective clothing and equipment and training of volunteers. The ESL is managed by the Dept of Fire and Emergency Services (DFES) and provided to Local Governments for management and acquittal on an annual basis.

The State Government is currently drafting the Consolidated Emergency Service Act which will consolidate the Fire Brigades Act 1942, Bush Fire Act 1954 and the Fire and Emergency Services Act 1998 into a single piece of legislation.

With the development of the new legislation it has been deemed an opportunistic time for review and consideration to potential changes in the management of bush fire brigades for Local Governments.

WALGA have provided a paper Arrangements for Management of Volunteer Bush Fire Brigades: Proposed Advocacy Position (Attachment A), addressing this issue.

Officer’s Comment

WALGA have sought feedback from Local Governments on the management and operation of Bush Fire Brigades across the State. 93% were not wholly satisfied with the current arrangements for the management of BFB’s and 51% expressed their Local Government does not support the requirements for Local Government to manage BFB’s.

Over many years there has been an increasing level of frustration and confusion over changes in the way DFES are involved with bush fire management, and the ever increasing responsibilities for the management of bush fire brigades put on the Local Government. With the introduction of the Work Health and Safety Act 2020, further pressure has been applied to Local Governments for managing volunteer Bush Fire Brigades.

There have been a number of reports written in recent years where the management and operation of bush fire brigades have been explored. The 2016 Ferguson Report on the Waroona Bushfire and the 2017 Economic Regulation Authority Review of the Emergency Services Levy have both identified a need for change.

The WALGA paper has identified 4 options for the future management of BFB’s;

1. Status quo – continue with current arrangements, with majority of Local Governments managing their own BFB’s, where alternate arrangements can be made directly with DFES

2. Improvements – continue with current arrangements with Local Governments managing BFB’s with additional support provided with respect to funding and other support

3. Hybrid Model – Local Governments continue to manage BFB’s where they have capacity and resources to do so, however alternative arrangements can be made directly with DFES

4. Transfer – responsibility for the management of BFB’s is transferred to the State, as with other States and Territories.

Of the 4 options provided, WALGA have identified the Hybrid Model as their preferred position. They have also identified that additional support for Local Governments who continue to manage BFB’s is required.

In relation to the Management of BFB’s, WALGA propose the following Advocacy Position;

1. The Association advocates that the State Government must provide for;

a) A clear pathway for Local Governments to transfer responsibility for the management of Bush Fire Brigades to the state Government when ongoing management is beyond the capacity, capability an resources of the Local Government;

b) The co-design of a suite of relevant guidelines and materials to assist those Local Governments that manage Bush Fire Brigades;

c) Mandatory and minimum training requirements for Bush Fire Brigade volunteers supported by a universally accessible program managed by the Dept of Fire and Emergency Services; and

d) The recognition of prior learning, experience and competency of Bush Fire Brigade volunteers.

2. That a working group comprising representatives of WALGA ad DFES be established to develop a process and timeline for the transfer of responsibility for Bush Fire Brigades in accordance with 1(a)

3. Where management of Bush Fire Brigades is transferred to DFES in accordance with 1(a), DFES should be resourced to undertake the additional responsibility.

It should be noted, at the Bush Fire Advisory Committee Meeting held on 7^th June, the meeting were asked “What is our volunteers view on transitioning Bush Fire Brigade management from Local Government to DFES control?” 20 people in the room, with a show of hands, 20 for LG/0 for DFES.

In support of the volunteers, it is recommended that the Shire of Esperance advocate to WALGA that the we adopt the second option in their report looking at maintaining the current arrangements with additional support, or improvements, to be provided by the State Government in the running of BFB’s.

Volunteers are the backbone of regional bushfire brigades. Support for volunteers is an integral part of ensuring continued high number and engaged volunteers. Local Government brigades currently have a sense of community and an ability to be part of the decision making process. There is often concerns raised that a transition across to a government department such as DFES that the local decision making influence will be lost.

The additional support should ideally be focused on ensuring compliance with the WHS legislation and ensuring our brigades operate safely. Additional administration support is also often also noted as a requirement to ensure the volunteer can focus on fire suppression activities rather than administrative duties.

Consultation

Bush Fire Advisory Committee

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Nil

Strategic Implications

Council Plan 2022 – 2032

Performance

Outcome 14. Community confidence and trust in Council.

Environmental Considerations

Nil

Attachments

a ⇩.

WALGA Proposed Advocacy Position BFB

Officer’s Recommendation

That Council advise WALGA the preferred position of the Shire of Esperance in the future management of Bush Fie Brigades, as per the WALGA document Arrangements for Management of Volunteer Bush Fire Brigades, is Option 2

Voting Requirement Simple Majority

Ordinary Council: Agenda

28 June 2022 Page 245

Item: 12.4.6

Review Policy- Elected Member and Staff Training Policies

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

File Ref: D22/16947

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to consider a review of Policy EXE 031: Elected Member Professional Development and HR 002: Staff Entitlements Policy.

Recommendation in Brief

That Council adopt the updated policies EXE 031: Elected Member Professional Development and HR 002: Staff Entitlements

Background

It has recently come to light that there is some further clarification required in existing policy EXE 031: Elected Member Professional Development to clarify if the compulsory training that is required by elected members forms part of the annual training allowance limit per elected member.

As part of the review a number of issues had also been raised with both elected members and staff about further relevant formal qualifications being limited to only $3,000 p.a.

Officer’s Comment

Both policies EXE 031: Elected Members Professional Development and HR 002: Staff Entitlements Policy are proposed to be updated to include the ability for formal higher level qualifications that are directly relevant to your role as ether a Councillor or employee to be partly funded by the local government.

Having a fixed annual limit on the training allowance has not encouraged higher level formal qualifications such as Diploma, Bachelor or Masters degree qualifications. Often courses such as these are done over relatively short periods of time although the cost can be quite high. Higher level formal qualifications will often have a longer term benefit to the organisation than one off courses that an annual allocation will often encourage.

It is recommended that the Shire may contribute up to 75% of the cost of the course fees ensuring the elected member or staff member contribute a reasonable amount to the qualification considering the personal benefit that qualifications such as these

Consultation

Nil

Financial Implications

The financial implications arising from this report will be dependant upon the take up of formal qualifications although the amounts will need to be within the adopted or approved budget.

Asset Management Implications

Nil

Statutory Implications

Nil

Policy Implications

Updates to policy EXE 031: Elected Member Professional Development and HR 002: Staff Entitlements.

Strategic Implications

Council Plan 2022 - 2032

Performance

Outcome 15. Operational excellence and financial sustainability.

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

Environmental Considerations

Nil

Attachments

a ⇩.	EXE 031: Elected Member Professional Development
b ⇩.	HR 002- Staff Entitlements

Officer’s Recommendation

That Council adopt the updated policies EXE 031: Elected Member Professional Development and HR 002: Staff Entitlements

Voting Requirement Absolute Majority

Ordinary Council: Agenda

28 June 2022 Page 265

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.

Item: 17.1

0454-22 - Supply & Delivery of Cement & Concrete

Confidential Item

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)).

Item: 17.2

0455-22 - Supply & Delivery of Blue Metal

Confidential Item

Item: 17.3

0456-22 Supply & Delivery of Storm Water Drainage Products

Confidential Item

Item: 17.4

0457-22 Supply & Fitting of Tyres

Confidential Item

Item: 17.5

Esperance Home Care - Alternative Staff Retention Allowance

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)).

Item: 17.6

Debtor Write-Off #2336-30

Confidential Item

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)).

Item: 17.7

Tender Submission - RFT 0462-22 - Sale of Vacant Land

Confidential Item

a ⇩.	Information Bulletin - May 2022
b ⇩.	Council Priorities Summary - Corporate Performance - May 2022
c ⇩.	Delegations Discharge - Corporate Resources

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