Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O0717-153

That Council accept the application for leave of absence from Cr K Hall for 3 September 2017 to 17 September 2017.

CARRIED

F9-A0

Moved:           Cr Padgurskis

Seconded:     Cr Parker

O0717-154

That the Minutes of the Ordinary Council Meeting of the 27 June 2017, and the Special Council Meeting of the 11 July 2017 be confirmed as true and correct records.

CARRIED

F9 - A0

Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0717-155

That Council accept the following late items 16.1,16.2, 16.3, 17.3, 17.4.

CARRIED

F9 - A0

Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0717-156

That Council bring forward Item 16.2.

CARRIED

F9 - A0

16.2   Jetty Replacement Working Group - Jetty Design Concept

Officer’s Recommendation

That Council

1. Endorse the Esperance Tanker Jetty Replacement Concept Design Report with an amendment to the length of the new structure to 310m.

2.  Refer the amended Tanker Jetty Replacement Concept Design to the Heritage Council of Western Australia for approval (as attached); and

3. Subject to successful approval from the Heritage Council of Western Australia, instruct the CEO to:

a.        Develop the Design and Construct specification in consultation with the jetty             replacement working group  with a focus on the replacement jetty  being                     fishing friendly;

b.       Undertake the geotechnical assessment; and

c.       Continue to pursue funding opportunities.

4. That the CEO continues to liaise with the Department of Transport regarding the ongoing ownership of the jetty as per previous council resolutions.

Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

That Council ;

1.    Endorse the Esperance Tanker Jetty Replacement Concept Design Report with an amendment to the length of the new structure to at least 310m, as one of the possible representations of a land mark design.
2.    Refer the amended Tanker Jetty Replacement Concept Design to the Heritage Council, Western Australia, Southern Ports and Department of Transport for approval (as attached);
3.    Instruct the CEO to negotiate a new agreement for future ownership of the replacement jetty.
4.    Instruct the CEO, upon approval of a new agreement to;

             a.       Develop the Design and Construct specification in consultation with                        the Jetty Replacement Working Group  with a focus on the replacement                     jetty  being fishing friendly;

             b.      Undertake the geotechnical assessment; and

             c.       Continue to pursue funding opportunities.

                        CARRIED

F6-A3

(Cr Griffiths, Cr Padgurskis and Cr Stewart)

Reason:  Council wants to confirm ownership responsibilities and arrangements for the replacement jetty prior to proceeding to the design and construct phase.

Motion

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-157

That Council bring forward the following Items to consider them en bloc;

12.1.2, 12.1.3, 12.2.1, 12.3.2, 12.4.2, 13.2, 17.1

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-158

That Council adopt the officer’s recommendations for the following items:

12.1.2              Review of Local Planning Policies

12.1.3              Public Health Act 2016- CEO Delegations

12.2.1              Increased Penalties – Health (Asbestos) Regulations 1992

12.3.2              Financial Services Report – June 2017

14.4.2              Information Bulletin – July 2017

12.4.3              Adoption of New Council Polonies

13.2                 Committee Recommendation – Esperance Family History society                         Relocation to Museum

17.1                 Esperance Home Care Services – Payment of an Alternative Staff                         Retention Allowance

CARRIED

F9 - A0

12.1.1         Amendment to Delegated Authority Register - Local Planning Scheme No. 24

Moved:           Cr McIntyre

Seconded:     Cr Padgurskis

O0717-159

That Council delegates authority under Clause 82 (1) of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 to the Chief Executive Officer as shown in Attachment A.

CARRIED

F9 - A0

12.1.2         Review of Local Planning Policies

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-160

That Council:

1.          In accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend the following Local Planning Policies as per Attachment A:

a.   Building Height Variation Policy

2.          In accordance with Clause 4 and 5 (2) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend the following Local Planning Policies as per Attachment B:

a.   Local Planning Policy: Outbuildings

b.   Local Planning Policy: Shark Lake Industrial Park Design & Development Guidelines

c.   Local Planning Policy: Shop Front Security Devices

d.   Local Planning Policy: Wind Turbines

e.   Signs Policy

3.                    In accordance with Clause 6(b) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) revoke the following Local Planning Policies as per Attachment C:

a.   Permitted Development Policy

b.   Local Planning Policy: Sea Containers

c.   Local Planning Policy: Planning For Bush Fire Protection

CARRIED

F9 - A0

12.1.3         Public Health Act 2016 - Chief Executive Officer Delegations

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-161

That Council

Delegate to the Chief Executive Officer the authority to designate authorised officers under the Public Health Act 2016 in accordance with section 21 (1) (b) (i) of the Public Health Act 2016.

CARRIED

F9 - A0

12.1.4         Emergency Services Levy Review

Officer’s Recommendation;

That Council;

1. Adopt the Review of the Emergency Services Levy – Draft Report as provided by the Economic Regulation Authority

2.   Adopt the following positions on the management and distribution of the Emergency Services Levy.

o  Response – work toward money being available during an emergency, that is not managed by DFES; limiting restrictions for additional resources such as water bombing aircraft etc

o   Mitigation – money being available to DPaW for mitigation work within the UCL and UCL/PP interface to restrict the run of bush fire and reduce the impact on the community.

o  ESL Management – the ESL being managed by an agency, independent of DFES, where the application, allocation and acquittal process can be more transparent

Moved:           Cr Parker

Seconded:     Cr Griffiths

O0717-162

That Council;

1.  Receive the Review of the Emergency Services Levy – Draft Report as provided by the Economic Regulation Authority

2.   Adopt the following positions on the management and distribution of the Emergency Services Levy.

o  Response – work toward money being available during an emergency, that is not managed by DFES; limiting restrictions for additional resources such as water bombing aircraft etc

o   Mitigation – money being available to DPaW for mitigation work within the UCL and UCL/PP interface to restrict the run of bush fire and reduce the impact on the community.

o  ESL Management – the ESL being managed by an agency, independent of DFES, where the application, allocation and acquittal process can be more transparent

CARRIED

F9 - A0

12.1.5         Esperance Visitor Centre Management Committee - Appointment of Members

Moved:           Cr Griffiths

Seconded:     Cr Parsons

O0717-163

That Council

1.   Acknowledge the change of Tourism Esperance members on the Esperance Visitor Centre Management Committee from Wayne Halliday and Denise King to Wayne Halliday and Jo Quinlivan; and

2.   Appoint Gail Reynolds-Adamson and Tania Lowe as community members on the Esperance Visitor Centre Management Committee

CARRIED

F9 - A0

12.2.1         Increased Penalties - Health (Asbestos) Regulations 1992

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-164

That Council

1. Approve the positions of Director External Services and Manager Development and Statutory Services as “Approved Officers” for the purposes of Part 2 of the Criminal Procedures Act 2004; and

2. Approve all Authorised Officers under the Public Health Act 2016, as “Authorised Officers” for the purposes of Part 2 of the Criminal Procedures Act 2004.

CARRIED

 F9-A0

12.3.1         Rates Concession for 2017/18

Moved:           Cr Bowman

Seconded:     Cr Parker

O0717-165

That Council grant a concession of $538.00 to the properties as attached to be included within their 2017/18 rates notice. 

CARRIED

F9 - A0

12.3.2         Financial Services Report - June 2017

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-166

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of June 2017 as attached be received.

CARRIED

F9 - A0

12.4.1         CEO Performance Review Policy

Officer’s Recommendation;

That Council:

1)   Adopt the CEO Performance Review Policy;

2)   Dissolve the CEO Review Committee; and

3)   Determine the following Key Focus Areas or Key Performance Indicators (KPI’s) for the   2017/18 Financial Year

a.        ____________________

b.        ____________________

c.        ____________________

d.        ____________________

e.        ____________________

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0717-167

That Council:

1)   Adopt the CEO Performance Review Policy;

2)   Dissolve the CEO Review Committee; and

3)  Require the CEO to provide a quarterly update on Interplan Projects  and a Status   Report on past Council Resolutions.

CARRIED

F9 - A0

12.4.2         Information Bulletin - July 2017

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-168

That Council accept the Information Bulletin for July 2017 including;

1.    Interplan Report - June 2017

2.   GVROC Minutes – 30 June 2017

CARRIED

F9 - A0

12.4.3         Adoption of New Council Policies

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-169

That Council adopts:

1.   Esperance Seafront Caravan Park Pricing Policy

2.   Sporting Associations Ground Fees Policy

CARRIED

F9 - A0

13.1   Minutes of Committees

Moved:           Cr Stewart

Seconded:     Cr McIntyre

O0717-170

That Council receive the following committee minutes:

1.   Minutes – Esperance Roadwise Committee – 12 June 2017

2.   Minutes – Off Road Vehicle Working Party – 13 June 2016

3.   Minutes – Esperance Museum Management Committee – 28 June 2017

CARRIED

F9 - A0

13.2   Committee Recommendation - Esperance Family History Society Relocation to Museum

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-171Committee’s Recommendation

That Council supports the relocation of the Esperance Family History Society to the Esperance Museum Subject to agreed terms of use.

CARRIED

F9 - A0

16.1   Adoption of 2017/2018 Annual Budget

Moved:           Cr Brown

Seconded:     Cr Hall

O0717-172

That Council

1.    Pursuant to the provisions of Section 6.2 of the Local Government Act (1995) and Part 3 of the Local Government (Financial Management) Regulations 1996 that the Municipal Fund Budget be adopted for the 2017/2018 year and the levels of income and expenditure, as presented within the Statutory Budget document be authorised.

2.    For the purpose of yielding the deficiency disclosed by the Municipal Fund Budget that Council pursuant to Sections 6.32, 6.34 and 6.35 of the Local Government Act (1995) impose the following general and minimum rates on Gross Rental and Unimproved Values

General Rates

Residential (GRV)                                    9.3041 rate in the dollar (cents)

Commercial / Industrial (GRV)                9.4902 rate in the dollar (cents)

Vacant Land (GRV)                                  9.3041 rate in the dollar (cents)

Rural (UV)                                                 0.9048 rate in the dollar (cents)

Commercial / Industrial (UV)                             0.9048 rate in the dollar (cents)

Mining (UV)                                               8.9546 rate in the dollar (cents)

Minimum Rates

Residential (GRV)                                    $1,076.00

Commercial / Industrial (GRV)                $1,076.00

Rural (UV)                                                 $1,076.00

Commercial / Industrial (UV)                             $1,076.00

Mining (UV)                                               $538.00

3.    Pursuant to Section 6.51(1) and subject to Section 6.51(4) of the Local Government Act (1995) and Regulation 70 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 11% for rates (and service charges) and costs of proceedings to recover such charges that remain unpaid after becoming due and payable.

4.    Pursuant to Section 6.45 of the Local Government Act (1995) and Regulation 68 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 5.5% where the owner has elected to pay rates and service charges through an instalment option.

5.    Provide a rates discount to those eligible properties as per Note 11 of the Statutory Budget for 2017/18 year. 

6.    That for those ratepayers not paying by instalments, the penalty interest will commence to be calculated 36 days after the rates notice issue date.

7.    Pursuant to Section 6.45 of the Local Government Act (1995) and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, Council nominates the following due dates for the payment in full or by instalments:

Full payment and 1^st Instalment due date                          27^th September 2017

2^nd Instalment due date                                                       29^th November 2017

3^rd Instalment due date                                                        31^st January 2018

4^th and final quarterly instalment due date                        4^th April 2018

8.    Pursuant to Section 66 of the Waste Avoidance and Resource Recovery Act (2007), Council adopt a Waste Rate of 0.000001 cents in the dollar for both GRV and UV property categories, with a minimum of $80 for all GRV and UV rateable properties.

9.    Pursuant to Section 67 of the Waste Avoidance and Resource Recovery Act (2007), Council adopts the following charges for the removal and deposit of domestic and commercial waste:

140ltr bin waste collection                                                            $175.00

240ltr bin waste collection                                                            $255.00

360ltr bin waste collection                                                            $350.00

140ltr recycling collection- Domestic Fortnightly                       $130.00

240ltr recycling collection- Domestic Fortnightly                       $165.00

240ltr recycling collection- Commercial Fortnightly                            $165.00

240ltr recycling collection- Commercial Weekly                         $305.00

360ltr recycling collection- Domestic Fortnightly                       $170.00

360ltr recycling collection- Commercial Fortnightly                            $220.00

360ltr recycling collection- Commercial Weekly                         $415.00

1100ltr recycling collection- Commercial Weekly                       $1,340.00

Residential and Commercial Premises

Additional waste bin collection

(140, 240 & 360ltr bins)                                                                  $30.00

Additional recycling bin collection

(140, 240 & 360ltr bins)                                                                  $30.00

Additional recycling bin collection

(1100ltr bin for Commercial only)                                                 $50.00                           

10.  That the transfers/movements to and from the Reserve Accounts, as detailed within the Statutory Budget document be authorised.

11.  Amend the purpose of the Jetty Reserve to “Established to provide funds for maintenance and capital works of the main jetty at the Foreshore Headland.  Funded from General Purpose Income and donations.”

12.  Pursuant to Section 6.20 of the Local Government Act (1995), approve the following borrowings as per Note 7 (b) of the Statutory Budget for 2017/2018-

-        Flinders Estate                               $860,000              Short Term Loan Facility

-        Jetty Replacement                          $1,000,000           20 Year Term

13.  Pursuant to Section 6.16 of the Local Government Act (1995), adopt the Fees and Charges, as included in the Statutory Budget for the 2017/2018 year with all fees and charges becoming effective immediately.

14.  Every rateable assessment be issued with 4 free, up to 1m³ domestic waste vouchers.

15.  For the 2017/18 financial year adopt a variance in the Statement of Financial Activity of $100,000 or 10% (whichever is lesser) for the reporting of material variances between the year to date budget and year to date actual information for disclosure purposes.

CARRIED

F7 – A2

                                                                                               (Against Cr Padgurskis and Cr Stewart)

16.3   Council Representative for Interim Arts Committee

Moved:           Cr Brown

Seconded:     Cr Padgurskis

O0717-173

That Council appoint Cr Bowman to the Esperance Community Arts Interim Board and Cr McIntyre as a proxy.

CARRIED

F9 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Stewart

O0717-174

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

17.1   Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

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)).

17.2   Senior Citizens Centre - Expiry of Licence

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)).

17.3   0070-17 Limestone Crushing

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

17.4   Legal Representation Support for CEO

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)).

CARRIED

F9 - A0

17.1   Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0717-175

That Council provides a modest benefit to its employees who worked for more than 6 months at the Esperance Home Care Service during the 2016/2017recognising that they do not receive the retention allowance payable to other shire staff. And that benefit will be:

1.   A one off cash payment equal to one dollar per hour worked during the 2016/17 financial year for Level 3 and Level 4 Community Support Workers.

2.   A single gift card or voucher with a value of $299 for a local business for Level 5 to Level 8  employees.

CARRIED

F9 - A0

Senior Citizens Centre - Expiry of Licence

Moved:           Cr Stewart

Seconded:     Cr Parker

O0717-17617.2   

That Council;

Enter into a standard Lease Agreement with the Esperance Senior Citizen Centre Management Committee Inc. for a term of 5 years with an option 2 further 5 year terms  and provide annual operating grants to the committee as per Option 3 as considered.

CARRIED F9-A0

F9 - A0

17.3   0070-17 Limestone Crushing

Moved:           Cr Parker

Seconded:     Cr Bowman

O0717-177

That Council awards the Request for Tender 0070-17 Limestone Crushing to Crushing Services Solutions Pty Ltd as per the schedule of rates, for a period of three years with a two year option subject to satisfactory performance.

CARRIED

F9 - A0

17.4   Legal Representation Support for CEO

Moved:           Cr Padgurskis

Seconded:     Cr Brown

O0717-178

That Council support the CEO in seeking a public apology and retraction against

 Mr [Dennis] Andre for recent statements about the CEO’s current and past employment.

CARRIED

F9 - A0

Coming from behind closed doors

Moved:           Cr Parsons

Seconded:     Cr Hall

O0717-179

That the meeting come from behind closed doors.

CARRIED

F9 - A0