15 July 2022
Shire
of Esperance
Ordinary
Council
NOTICE OF MEETING AND AGENDA
An Agenda Briefing Session of the Shire of Esperance will
be held at Council Chambers on 19 July 2022 commencing at 1pm to brief Council
on the matters set out in the attached agenda.
An Ordinary Council meeting of the Shire of Esperance
will be held at Council Chambers on 26 July 2022 commencing at 4pm to consider
the matters set out in the attached agenda.
S Burge
Chief Executive Officer
DISCLAIMER
No responsibility whatsoever
is implied or accepted by the Shire of Esperance for any act, omission or
statement or intimation occurring during Council or Committee meetings. The
Shire of Esperance disclaims any liability for any loss whatsoever and howsoever
caused arising out of reliance by any person or legal entity on any such act,
omission or statement or intimation occurring during Council or Committee
meetings. Any person or legal entity who acts or fails to act in reliance upon
any statement, act or omission made in a Council or Committee meeting does so
at that person’s or legal entity’s own risk.
In particular and without
derogating in any way from the broad disclaimer above, in any discussion
regarding any planning application or application for a licence, any statement
or intimation of approval made by a member or officer of the Shire of Esperance
during the course of any meeting is not intended to be and is not to be taken
as notice of approval from the Shire of Esperance. The Shire of Esperance warns
that anyone who has any application lodged with the Shire of Esperance must
obtain and should only rely on written confirmation of the outcome of the
application, and any conditions attaching to the decision made by the Shire of
Esperance in respect of the application.
ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST
Council is committed to a
code of conduct and all decisions are based on an honest assessment of the
issue, ethical decision-making and personal integrity. Councillors and staff
adhere to the statutory requirements to declare financial, proximity and
impartiality interests and once declared follow the legislation as required.
ATTACHMENTS
Please
be advised that in order to save printing and paper costs, all attachments
referenced in this paper are available in the original Agenda document for this
meeting.
RECORDINGS
The Meeting will be
livestreamed. The recording will be made publicly available as soon as
practical following the meeting.
Disclosure of Interests
Agenda Briefing Ordinary
Council Meeting Special
Meeting
Name of Person Declaring an interest
Position
Date of Meeting
This
form is provided to enable members and officers to disclose an Interest in the
matter in accordance with the regulations of Section 5.65, 5.70 and 5.71 of the
Local Government Act 1995 and Local Government (Administration) Regulations
1996 34C.
Interest
disclosed
Item No Item
Title
Nature of Interest
Type of Interest Financial Proximity Impartiality
Interest
disclosed
Item
No Item
Title
Nature of Interest
Type of Interest Financial Proximity Impartiality
Interest
disclosed
Item No Item
Title
Nature of Interest
Type of Interest Financial Proximity Impartiality
Declaration
I understand that the above information will be recorded
in the Minutes of the meeting and recorded by the Chief Executive Officer in an
appropriate Register.
Signature Date
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.
SHIRE OF ESPERANCE
AGENDA
Ordinary
Council Meeting
TO BE HELD IN Council Chambers ON 26 July 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 Owners 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
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 28 June 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 - Shade Sail Structure - Lot 489 (21) Sinclair Street, Castletown
|
Author/s
|
Peter Wilks
|
Senior Planning Officer
|
|
Authorisor/s
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Holly Phillips
|
Director External Services
|
|
|
Richard Hindley
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Manager Building, Planning and Land Projects
|
File Ref: D22/19205
Applicant
Clint Mansell on behalf of David McMullen
Location/Address
Lot 489 (21) Sinclair Street, Castletown
Executive Summary
For Council to consider Development Application
10.2022.5037.1 for a Shade Sail Structure at Lot 489 (21) Sinclair Street,
Castletown.
Recommendation in Brief
That Council approve Development Application
10.2022.5037.1 for a Shade Sail Structure at Lot 489 (21) Sinclair Street, Castletown
subject to conditions.
Background
An application for development for a Shade Sail
Structure at Lot 489 (21) Sinclair Street, Castletown was received by Planning
Services on 2 June 2022. The application was subsequently referred to the
adjoining landowner as well as the Shire’s Environmental Health and Asset
Management Officers for comment.
The adjoining landowner provided a non-objection to
the proposed Shade Sail Structure on 6 July 2022, with the Shire’s
Environmental Health and Asset Management officers indicating that the proposed
structure should not impact on effluent disposal systems on the property or on
vehicular or pedestrian safety.
The assessment of the proposal indicates a significant
proposed reduction in the primary street setback to Stable Road from the
standard 12 metre requirement down to 1 metre. However, it is noted that the
existing Industrial Shed on the property was approved by Council at its
Ordinary Council Meeting held on 26 May 2015 at a three (3) metre setback to
Stable Road.
Further, many of the
existing properties on Stable Road were constructed with setbacks of less than
12 metres due to the prevailing development standards associated with Local
Planning Scheme No. 23 (circa 2010).
As this item is a variation to standards applied by
Local Planning Scheme No. 24, the matter has been referred to Council for
determination.
Officer’s Comment
One variation is proposed to the provisions of Local
Planning Scheme No. 24 to reduce the primary street setback from 12 metres to 1
metre.
Under normal circumstances a 12 metre primary street
setback is required to Stable Road. In this instance the applicant proposes the
Shade Sail Structure at a distance of 1 metre from the boundary with Stable
Road.
The rationale provided for the Shade Sail Structure is
to provide some level of outdoor living area to the existing single house on
the property. As the majority of the property is utilised by an industrial shed
or heavy vehicle access, there is little space available for outdoor living on
the property aside from the front setback. Hence, the property owner is seeking
to maximize the available space by placing the Shade Sail Structure in the
front setback.
Due to the open sided nature of shade sail structures,
the proposed placement will cause little impact in terms of visual amenity or
vehicle safety.
Consultation
A non-objection to the reduced street setback was
provided by the adjoining landowner (OD Transport) on 6 June 2022.
Financial Implications
Application fees totalling $147.00 were received as part of
this application.
Asset Management Implications
Nil
Statutory Implications
Local Planning Scheme No. 24
Pursuant to s.211(1) of the Planning and Development Act
2005, a person aggrieved by the failure of a local government to enforce or
implement effectively the observance of a local planning scheme may make
representation to the Minister. If the Minister considers it appropriate to do
so, representation may be referred to the State Administrative Tribunal for its
report and recommendation. Following subsequent actions and recommendation by
the SAT the Minister may order the local government to do all things considered
necessary for enforcing the observance of the Scheme or any provisions of the
Scheme.
In this instance it is considered that the Scheme has been
enforced effectively.
Policy Implications
Nil
Strategic Implications
Council Plan 2022 - 2032
Place - Outcome 7.
Responsible planning and development
Objective 7.1. Enable
access to land and development opportunities to meet local needs.
Environmental Considerations
Nil
Attachments
|
Officer’s Recommendation
That Council approve
Development Application 10.2022.5037.1 for a Shade Sail Structure at Lot 489
(21) Sinclair Street, Castletown subject to the following conditions:
1. Development
shall be carried out and fully implemented in accordance with the details
indicated on the stamped approved plan(s) unless otherwise required or agreed
in writing by the Shire of Esperance.
2. During
construction stage, adjoining lots are not to be disturbed without the prior
written consent of the affected owner(s).
3. All
stormwater and drainage run off is to be retained on-site to the satisfaction
of the Shire of Esperance.
4. The
provision of all services, including augmentation of existing services,
necessary as a consequence of any proposed development shall be at the cost
of the developer and at no cost to the Shire of Esperance.
5. The
emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash,
dust, waste water, waste products, grit, oil, chemicals and/or any other type
if emission that may potentially impact on environmental and/or public health
are to be mitigated within the boundaries of the premise and must not impact
on public health and/or cause nuisance to users or occupants of adjoining
premises.
6. All
fencing shall be in accordance with the Shire of Esperance Fencing Local Law.
7. The
works involved in the implementation of the development must not cause sand
drift and/or dust nuisance. In the event that the Shire of Esperance is aware
of, or is made aware of, the existence of a dust problem, measures such as
installation of sprinklers, use of water tanks, mulching, or other land
management systems as appropriate may be required to be installed or
implemented.
8. The
proposed operations, during and after construction, are required to comply
with the Environmental Protection (Noise) Regulations 1997.
AND the following advice notes:
1.
THIS IS
NOT A BUILDING PERMIT. An application for a building permit is required to be
submitted and approved by the Shire of Esperance prior to any works
commencing on-site.
2. The development is to comply with the
National Construction Code, Building Act 2011, Building Regulations
2012 and the Local Government Act 1995.
3. It
is the responsibility of the applicant to ensure that building setbacks
correspond with the legal description of the land. This may necessitate
re-surveying and re-pegging the site. The Shire of Esperance will take
no responsibility for incorrectly located buildings.
4. It
is the responsibility of the developer to search the title of the property to
ascertain the presence of any easements and/or restrictive covenants that may
apply.
5. The
Department of Water and Environmental Regulation and Environment Regulation
has prepared dust control guidelines for development sites, which outline the
procedures for the preparation of dust management plans. Further information
on the guidelines can be obtained from the Department of Water and
Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au
under air quality publications.
6. Horizon
Power has requested the Shire to advise Applicants that Horizon Power has
certain restrictions regarding the installation of conductive materials near
its network assets. Applicants are advised to contact Horizon Power’s
Esperance office to ascertain whether any of Horizon Power’s
restrictions affect their proposed development.
Voting Requirement Simple Majority
|
12.2 Asset Management
Item: 12.2.1
Road
Dedication - 47 John Street
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Author/s
|
Jeanette Appleby
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Supervisor Asset Administration
|
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Authorisor/s
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Mathew Walker
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Director Asset Management
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File Ref: D22/18170
Applicant
Internal
Location/Address
47 John Street, Sinclair.
Executive Summary
For Council to consider a portion of 47 John Street,
Sinclair (Lot 77) to be dedicated as a road reserve.
Recommendation in Brief
That Council
1. Support the dedication of a
portion of Lot 77 on Plan 002260 as road reserve;
2. Request the Minister of Lands to
dedicate the 17.43m2 portion of land being portion of Lot 77 on Plan
002260 as a road reserve; and
3. Advise the Minister of Lands that
the Shire will cover all costs and expenses reasonably incurred in considering
and granting the request.
Background
The Shire is in the process of undertaking the Ocean
Street Development of 25 Lots of which the Shire owns 16 Lots. The truncation
area to be dedicated is currently encroaching the existing road and footpath
and is required to allow the road and path to stay in its current
configuration.
Officer’s Comment
47 John Street, Sinclair is owned in freehold tenure
by the Shire of Esperance. The next step is to dedicate the truncation
portion of land into the road reserve. Should the road dedication be
supported, a request will be made to the Minister for Lands under Section 56 (1)(i) of the Land
Administration Act 1997.
Consultation
Discussions were held with the Department of Planning,
Lands and Heritage – Lands to determine the process required to
facilitate the request.
Financial Implications
The financial implications arising from this report will be
for a licenced surveyor to process the request, which is within the project
budget.
Asset Management Implications
The road dedication will allow for the road alignment to stay
as per its current configuration.
Statutory Implications
Land Administration Act 1997
Policy Implications
Nil
Strategic Implications
Strategic Community Plan 2017 - 2027
Place - Outcome 10.
Safe, affordable, accessible and sustainable transport systems
Objective 10.2. Deliver
an efficient and safe road network
Deliver a diverse,
efficient and safe transport system
Environmental Considerations
Nil
Attachments
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a⇩.
|
Ocean Street Developement - Road
Dedication
|
|
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Officer’s Recommendation
That Council:
1. Support
the dedication of a portion of Lot 77 on Plan 002260 as road reserve;
2. Request
the Minister of Lands to dedicate the 17.43m2 portion of land being portion
of Lot 77 on Plan 002260 as a road reserve; and
3. Advise
the Minister of Lands that in accordance with Section 56 (4) of the Land
Administration Act 1997 that the Shire recognises that it is liable to
indemnify the Minister against any claim for compensation in an amount equal
to the amount of all costs and expenses reasonably incurred by the Minister
in considering and granting the request.
Voting
Requirement Simple Majority
|
12.3 Corporate & Community Services
Item: 12.3.1
Rates
Concession for 2022/23
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Author/s
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Beth O'Callaghan
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Manager Financial Services
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Authorisor/s
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Felicity Baxter
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Director Corporate & Community Services
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File Ref: D22/18691
Applicant
Shire of Esperance
Location/Address
Various locations around the Shire.
Executive Summary
For Council to consider offering a rates discount equivalent
to half of the minimum rates to those properties considered to be provided with
no services.
Recommendation in Brief
That Council grant a concession of $636.50 to the
properties as attached to be included within their 2022/23 rates notice.
Background
There are a small number of properties including
Development Area 3 which have no infrastructure services such as roads, paths
and drains to the property. Similarly, there is a property at Israelite
Bay. Since 2017/18, Council has granted a concession to these properties
to ensure fairness and equity to these property owners.
The Israelite Bay property has historically received a
concession as it is leased crown land with a heritage building on it of whom
the lessee has the responsibility to maintain. It is also located at
least 40km beyond the last farming property in the area.
The Development Area 3 property owners have the option
to sell their property to the Shire. However for year ending 30 June 2022
no sales occurred. Attached is a list of properties that received the
concession last year and the proposed list for 2022/23 year. As there
were no sales during 2021/22 the list of properties is the same as the previous
year.
Officer’s Comment
To ensure fairness and equity to these property owners,
it is requested that Council offer a rates concession as per the previous year.
The concession has been calculated based on a 6% rate
increase and is 50% less than the projected minimum rate of $1,273 resulting in
$636.50.
Consultation
Nil
Financial Implications
The financial implications arising from this report is
$17,185.50 and this has been allowed for within the draft budget.
Asset Management Implications
Nil
Statutory Implications
Section 6.47 Local Government Act 1995
Policy Implications
Nil
Strategic Implications
Council Plan 2022-2032
Performance – Outcome 15.
Operational excellence and financial sustainability.
Objective - Provide responsible,
agile and innovative planning and resource management.
Environmental Considerations
Nil
Attachments
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a⇩.
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Rates Concession for 2022/23
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|
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Officer’s Recommendation
That Council grant a concession of
$636.50 to the properties as attached to be included within their 2022/23
rates notice.
Voting Requirement Absolute
Majority
|
Item: 12.3.2
Lease
Reassignment Request - Mini Golf
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Author/s
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Sarah Walsh
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Coordinator Governance & Corporate Support
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Authorisor/s
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Felicity Baxter
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Director Corporate & Community Services
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File Ref: D22/18989
Applicant
Susanne Small
Owen Massenbauer
Location/Address
Lot 1027 The Esplanade Esperance, Reserve 28207
Executive Summary
For Council to consider reassigning the sub-lease with
Susanne and Ian Small for the Mini Golf to Owen Massenbauer.
Recommendation in Brief
That Council agrees to reassign the sub-lease with
Susanne and Ian Small for the Mini Golf to Owen Massenbauer.
Background
Susanne and Ian Small have been sub-leasing the
premises since 2006, with the current sub-lease due to expire 17 March 2026,
with a further term of 10 years available subject to Southern Ports approval of
the head lease.
The Lessees have now advised that they are looking to
sell the business to Owen Massenbauer.
Officer’s Comment
As the current Lessee is in the process of selling the
business, it is recommended that Council accept the reassignment request for
this premises as this will allow the business to continue trading from its
current premises, under new management.
The new owners have investigated potential changes to use
of the premises and advise that they are looking to continue operating the
business as it has been, however also include a soft play area for small
children and café selling a limited menu.
The additional uses have been discussed with relevant
officers, who have advised there are no concerns with this proposal being
approved.
The Lessee raised concerns regarding the location of
their septic system in relation to a recently replanted garden bed adjacent to
the area. The Parks team have reviewed the works in the area and confirmed that
from the depth of works performed, neither the septic system nor leech drains
are located under the garden bed.
The premises are located on a reserve managed by the
Southern Ports Authority and leased to the Shire of Esperance, therefore we
will require their approval for any changes to the sub-lease arrangement for
the Mini Golf.
Consultation
Susanne Small
Owen Massenbauer
Kate Toop
Manager Parks and Reserves
Senior Planning Officer
Financial Implications
Lease reassignment fee of $220 Inc GST
Asset Management Implications
Nil – land only lease
Statutory Implications
Local Government Act 1995
Policy Implications
COR 004: Building and Property Agreements
Strategic Implications
Council Plan 2022 - 2032
Prosperity - Outcome
12. A prosperous and diverse economy
A prosperous and diverse
economy
Attract and retain diverse industries and enterprises to grow
the economy and local jobs
Environmental Considerations
Nil
Attachments
|
a⇩.
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Mini Golf Reassignment Request -
Susanne Small and Owen Massenbauer
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|
|
Officer’s Recommendation
That Council, subject to the
Southern Ports Authority approval;
1. Reassign
the sub-lease with Susanne and Ian Small for the Mini Golf, portion of Lot
1027 The Esplanade, Reserve 28207, to Owen Massenbauer; and
2. Lease
reassignment fee of $220 Inc GST being payable.
Voting Requirement Simple Majority
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Item: 12.3.3
Financial
Services Report - June 2022
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Author/s
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Beth O'Callaghan
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Manager Financial Services
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|
Authorisor/s
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Felicity Baxter
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Director Corporate & Community Services
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File Ref: D22/19156
Attachments
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a⇩.
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Monthly Financial Services Report
June 2022
|
|
|
Officer’s Recommendation
That Council receive the attached
report entitled Monthly Financial Services Report (incorporating the
Statement of Financial Activity) for the month of June 2022.
Voting Requirement Simple Majority
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12.4 Executive Services
Item: 12.4.1
Information
Bulletin - June 2022
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Author/s
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Emily Hegney
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Executive Assistant
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
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File Ref: D22/19148
Applicant
Internal
Strategic Implications
Council Plan 2022-2032
Performance
Outcome 15.
Operational excellence and financial sustainability.
Objective
15.1. Provide responsible, agile and innovative planning and resource
management.
Attachments
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a⇩.
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Information Bulletin June 2022
|
|
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b⇩.
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Status Report / Quarterly
|
|
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c⇩.
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Council Priorities Summary -
Corporate Performance - June 2022
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|
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Officer’s Recommendation
That Council accepts:
1. Information
Bulletin – June 2022
2. Council
Priorities Summary – Corporate Performance – June 2022
3. Status
Report/Quarterly
Voting
Requirement
Simple Majority
|
Item: 12.4.2
Esperance
Accommodation Study
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Author/s
|
Shane Burge
|
Chief Executive Officer
|
|
Authorisor/s
|
Shane Burge
|
Chief Executive Officer
|
File Ref: D22/19343
Applicant
Shire of Esperance
Location/Address
Various locations
Executive Summary
For Council to consider the report titled Esperance
Accommodation Study.
Recommendation in Brief
That Council-
1.
Accept the report titled Esperance Accommodation Study;
2.
Utilise the study to undertake targeted market sounding on the proposals and;
3.
Consider funding in the 2022/23 budget to undertake a business case to compare
options, financial analysis and implementation options on a preferred
project.
Background
There has been a significant shortage of residential
accommodation in Esperance for over 18 months. In addition, with the closure of
the Blue Waters Lodge on Goldfields Road as the YHA backpacker’s (the
last in town) in February 2020, there was no longer an option for short term
seasonal worker accommodation.
Late last year the Goldfields-Esperance Development
Commission contributed $20,000 towards the development of the Esperance
Accommodation Study to understand longer term demand for tourism and workers
accommodation in Esperance and identify potential accommodation solutions and
investment options.
At the November Ordinary Council Meeting the Council
agreed to accept the grant from the Development Commission and contribute
matching funds to undertake the study.
Urbis were engaged to undertake the study
with a focus on the following:
· Undertake an audit of current
tourism/workers accommodation options;
· Undertake a demand analysis for lower cost
worker accommodation;
· Identify landholdings within the Shire
suitable for accommodation development;
· Outline the pathways to meet the identified
demands and attract investment; and
· Result in an analysis of the current
situation, gaps and options along with a high level feasibility analysis of
preferred options for meeting the identified gaps.
Officer’s Comment
The study undertaken by Urbis investigated land held or controlled
by the Shire in the town central area with a focus on-
· Low cost short stay accommodation–such as backpackers / hostel in
recognition of the lack of affordable short stay options in Esperance; and
· Worker rental accommodation –such as key worker housing that
may be means tested (i.e. with rents determined by income) or short-term
rentals (e.g. for three months for transition to private rental market or owner
occupation).
Town central location was determined to be the most appropriate so the
provision of a workers accommodation facility that could transition into
tourism accommodation in the future has the potential to both fill a short to
medium term need (workers accommodation) while ensuring that longer term
viability of the facility is also ensured (lack of current
hostel/backpackers accommodation in town).
The report identified the following key findings-
· Insufficient Returns: For the base case, the assessment
demonstrates that returns are very limited and would not attract private
investment. This is unsurprising as the analysis demonstrates there is a clear
market gap that has not been filled by the private sector and thus there is a
need for government support.
· Need for Subsidy: Given the social and economic value that
could be derived from the development options, a subsidy (government and / or
philanthropic) could improve returns to levels equivalent to where an investor
would be interested in the development opportunity or at least at levels that
would cover the Shire’s finance costs (if the Shire pursued the
development).
· Worker Accommodation More Viable: Worker rental options are expected to derive
comparably higher returns than low cost short stay options. This is partly due
to the higher development yield (fewer amenity areas), lower operating cost
structure and higher occupancy (less of an impact from seasonality).
The report recommended that a Shire-developed and owned short term
worker rental accommodation development at Lot 3 Forrest Street is considered
most suitable as this best balances control and risk and enables access to
external funding opportunities (e.g. State Government).
The next steps required to advance the proposal is to undertake
targeted market sounding whilst developing a business case.
Consultation
Goldfields Esperance Development Commission
Financial Implications
The financial implications arising from this report are nil
in accepting the report.
Budget consideration will be required to progress a business
case which is estimated to cost $30,000 and proposed to be funded from the Land
Development Reserve.
Asset Management Implications
Nil
Statutory Implications
Nil
Policy Implications
Nil
Strategic Implications
Council Plan 2022 - 2032
Place - Outcome 8.
Access to adequate, safe and affordable housing for everyone
Objective 8.1. Facilitate
access to diverse housing options.
Priority Project 8.1.2. Advocate for
greater availability of housing to meet community needs (e.g. land and property
owners to build apartments, villas, units, and mixed use developments)
including engagement with State Government on housing management practices
(e.g. GROH housing).
Environmental Considerations
Nil
Attachments
|
a⇨.
|
Esperance Accommodation Study -
Under Separate Cover
|
|
|
Officer’s Recommendation
That Council
1.
Accept the report titled Esperance Accommodation Study;
2.
Utilise the study to undertake targeted market sounding on the proposals and;
3.
Consider funding in the 2022/23 budget to undertake a business case to
compare options, financial analysis and implementation options on a preferred
project.
Voting Requirement Simple Majority
|
13. Reports Of Committees
Item: 13.1
Bush
Fire Advisory Committee - 7 June 2022
|
Author/s
|
Ashley Peczka
|
Community Emergency Services Manager
|
|
Authorisor/s
|
Holly Phillips
|
Director External Services
|
File Ref: D22/19482
Applicant
Bush Fire Advisory Committee
Location/Address
N/A
Executive Summary
That Council accept the unconfirmed minutes of the
Bush Fire Advisory Committee (BFAC) meeting held on 7 June 2022 and consider
additional recommendations in preparation for the upcoming fire season.
Recommendation in Brief
That Council accept the unconfirmed minutes of the
BFAC meeting held on 7 June 2022. In addition, the report recommends that
Council endorse BFAC’s recommendations for Bush Fire Control Officers,
and requests the Fire and Emergency Services Commissioner re-gazette the
Prohibited and Restricted Burning Periods for the Rural Zone and Urban Rural
Zone.
Further, the report recommends that Council notes
methods of fire modelling for Harvest & Vehicle
Movement Bans in the Shire, and requests the CEO write to Horizon Power to
address hazards associated with wildlife interactions with electrical
infrastructure in the Bukenerup Road area.
Background
The BFAC meeting was held on 7 June 2022 and the
minutes of the meeting are attached with this report. Additional items for
consideration are presented as follows:
Bush Fire Control Officers
Pursuant to section 38 of the Bush Fires Act 1954
(the Act), Council is responsible for appointing Fire Control
Officer’s for the Shire of Esperance. BFAC has recommended the following
appointments for 2022/23:
|
Position
|
Name
|
|
Chief Bush Fire Control Officer
|
Mr Phil Longmire
|
|
Deputy Chief Bush Fire Control
Officer
|
Mr Will Carmody (West)
Mr Adrian Perks (East)
|
|
Senior Fire Control Officer
|
Mr Tom Carmody (West Zone)
Mr Kingsley Scott (West Coast Zone)
Mr Chris Hallam (North Zone)
Mr Simon Schlink (East Zone)
Mr Adrian Perks (East Coast Zone)
Mr Peter Rowe (Urban-Rural Zone)
|
|
Deputy Senior Fire Control Officer
|
Mr Will Carmody (West Zone)
Mr Peter Luberda (West Coast Zone)
Mr Jason Allan (North Zone)
Mr Lyndon Mickel (East Zone)
Mr Nick Ruddenklau (East Coast
Zone)
Mr Ron Chambers (Urban-Rural Zone)
|
|
Fire Control Officers
|
As per the attached Fire Control
Officer 2022/23 list.
|
|
Permit Issuing Officers
|
As per the attached Permit Issuing
Officer 2022/23 list.
|
|
Chief Fire Weather Officer
|
Mr Phil Longmire
|
|
Fire Weather Officer
|
Mr Will Carmody
Mr Adrian Perks
Mr Peter Rowe
Mr Ashley Peczka
|
All nominated volunteers either hold current Fire
Control Officer qualifications or will be undertaking Fire Control Officer
training in July 2022.
Prohibited and Restricted Burning Period Times
Pursuant to section 17 and section 18 of the Act, the
lighting of fires is managed during the summer months by legislated Restricted
and Prohibited Burning Times.
The Shire sits in a Zone 2 Band, providing for:
· Restricted Burning Times - from 19th
September to 15th March annually; and
· Prohibited Burning Times –
between 1st November to 31st January each year.
Last year, the Shire lodged a deposited plan with Landgate to
register its Harvest and Fire Zones in order to set Prohibited and Restricted
Burning times for two (2) different zones being the Rural and Urban-Rural
Zones.
For the upcoming fire season officers would like to see the
Prohibited Burning time commence 14 days later than last year. This would enable
landowners and occupiers along coastal areas to undertake hazard reduction
activities when conditions are best suited to them. This is typically around
the end of October, or start of November, pending rainfall levels over the
winter/spring period.
It is therefore proposed that the CEO write to the Fire and
Emergency Services Commissioner to re-gazette the Prohibited and Restricted
Burning Periods as follows;
· Prohibited Burning Period (all dates
inclusive):
o Rural Zone - from 14th
November each year to 31st January the following year; and
o Urban Rural Zone - from 14th
November each year to 28th February the following year.
· Restricted Burning Period (all dates
inclusive):
o Rural Zone - from 19th September
each year to 31st March the following year; and
o Urban Rural Zone - from 19th
September each year to 30th April the following year.
Fire Modelling
The coronial enquiry into the Black Summer bushfires
in the eastern states recommended all states and territories be aligned to a
national Fire Danger Rating System. This was intended to improve public
awareness and understanding of the fire danger ratings, and enhance science
calculations to provide more accurate fire behavior models for firefighting
agencies.
The changes to the Australian Fire Danger Rating
System will see the current Fire Danger Index (FDI) system of six (6) fire
danger ratings (Low-Moderate, High, Very High, Severe, Extreme and
Catastrophic), using the McCarthur Mk4 calculator for two (2) vegetation types,
move across to an eight (8) vegetation type model using a Fire Behavior Index
(FBI) calculator with four (4) fire danger ratings (Moderate, High, Extreme and
Catastrophic).
The new system is set to go live nationally as of 1
September 2022 changing how the State determines Total Fire Ban days and
amendments to relevant legislation. Under the new FBI model, the State will
declare a Total Fire Ban when the forecast FBI exceeds 50. A Harvest &
Vehicle Movement Ban will need to be imposed when the FBI reaches 40 on the same
day.
Limited information is available on the workings of
the new FBI. As such, BFAC will continue to use the McCarthur Mk4 calculator
when determining Harvest & Vehicle Movement Bans. BFAC intends to use both
the current FDI and the new FBI models for the next twelve (12) months to help
fully understand the conditions of the new system.
Electrical Infrastructure in the Bukenerup Rd Area
Previously, Horizon Power installed bird spikes on
their power pole crossbars, as well as redesigning cross bars to limit the
potential for fire caused by bird strikes. This year, it was noticed that bird
spikes were missing from crossbars on power poles in the Bukenerup Road area.
This was reported to Horizon Power by BFAC however no remediation occurred
resulting in a fire on a day with elevated fire weather conditions.
Landowners in the Bukenerup Road area are concerned about the
likelihood of further birds strikes and do not want to be exposed to another
fire risk in the upcoming fire season due to a lack of fire prevention/maintenance
by Horizon Power.
It is recommended that Council request the CEO to compile
information on the history of birds strikes in the Bukenerup Road area and
requests that Horizon Power review the design of power pole crossbars to
prevent a reoccurrence.
Consultation
BFAC
Financial Implications
N/A
Asset Management Implications
N/A
Statutory Implications
Bush Fire Act 1954
Bush Fire Regulations 1954
Policy Implications
EXT 024 - Bush Fire Management Policy
Strategic Implications
Council Plan 2022 - 2032
Planet - Outcome 6.
Greater community readiness and resilience to cope with natural disasters and
emergencies.
Objective 6.1. Minimise
risk and support recovery from bushfires, storms, drought and other natural
disasters.
Environmental Considerations
N/A
Attachments
|
a⇩.
|
Bush Fire Advisory Committee
Minutes - June 2022
|
|
|
b⇩.
|
Fire Control Officer List 2022/23
|
|
|
c⇩.
|
Permit Issuing Officer List 2022/23
|
|
|
Officer’s Recommendation
That Council:
1. Accept the
unconfirmed minutes of the Bush Fire Advisory Committee (BFAC) held on 7 June
2022.
2. Endorse the
recommended positions of Chief Bush Fire Control Officer, Deputy Chief Bush
Fire Control Officer, Fire Control Officers, Permit Issuing Officers and Fire
Weather Officers as outlined in this report and its associated attachments.
3. Request the
CEO write to the Fire and Emergency Services Commissioner to re-gazette the
Prohibited and Restricted Burning Periods for the Rural Zone and Urban Rural
Zone, as follows;
a. Prohibited Burning Period
(all dates inclusive):
i. Rural Zone - from the 14th day
of November in each year to the 31st day of January the
following year; and
ii. Urban Rural Zone - from the 14th
day of November in each year to the 28th day of February the
following year.
b. Restricted Burning Period
(all dates inclusive):
i. Rural Zone - from the 19th
day of September in each year to the 31st day of March the
following year; and
ii. Urban Rural Zone - from the 19th
day of September in each year to the 30th day of April the
following year.
4. Notes BFAC
will continue using the McCarthur Mk4 model at 3m wind heights to determine
Harvest & Vehicle Movement Bans for the Shire, except on days where the
State declares a Total Fire Ban for the area whereby the ban will be
calculated using the national Fire Behavior Index model.
5. Request the
CEO to compile information on the fire history of birds strikes in the
Bukenerup Road area and requests Horizon Power review the design of power
pole crossbars to prevent fires resulting from birds and other wildlife
interacting with electrical infrastructure.
Voting Requirement Simple Majority
|
14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. URGENT BUSINESS APPROVED BY DECISION
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
0449-22
- Prequalified Supplier Panel - Building Services
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 a trade secret, where the trade secret
is held by, or is about, a person other than the local government (Section 5.23(2)(e)(i)).
Item: 17.2
0464-22
- Public CCTV Stages 2,3 & 4
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)).
18. PUBLIC QUESTION TIME
19. CLOSURE
