Motion

Moved:           Cr McIntyre

Seconded:     Cr Horan

O1113-002

That Council grant the following leave of absence;

Cr Parker        24 December 2013 to 6 January 2014

Cr Hall            11 December 2013 to 16 December 2013

CARRIED

F9 - A0

Moved:           Cr Bowman

Seconded:     Cr Griffiths

O1113-003

That the Minutes of the Ordinary Council Meeting of the 29 October 2013 and the Special Council Meeting of the 19 November 2013 be confirmed as true and correct records.

CARRIED

F9 - A0

Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O1113-004

That Council bring forward item 12.4.1 Esperance Community Arts-Country Arts Funding Request.

CARRIED

F9 - A0

12.4.1         Esperance Community Arts - Country Arts Funding Request

Moved:           Cr Stewart

Seconded:     Cr Bowman

O1113-005

Officer’s Recommendation

That Council supports the triennial funding application by Esperance Community Arts to Country Arts WA and commits to provide matching funding of $43,296 in each of the financial years 2014/15, 2015/16 & 2016/17 by way of a direct budget allocation on condition that by the end of the funding period Esperance Community Arts and the Cannery Arts Centre are merged to form a single arts organization.

Council Resolution

          That Council;

1. Supports the triennial funding application by Esperance Community Arts (ECA) to Country Arts WA (CAWA); and

2. Commits to provide matching funding to ECA of $43,296 over the next three financial years, subject to;

a)   The development of a funding model to provide the most cost effective delivery of arts to the Esperance Community

b)  There is a demonstrated commitment from all parties involved in the provision of Arts to participate in developing said model; and

c)  Council’s matching funds are provided via the Community Development Fund (CDF) ; and

d)  This arrangement is reviewed annually by Council to determine progress in achieving and implementing said model.

CARRIED

F9 - A0

Reason: Council believe developing a cost effective model should be the focus in delivering  arts to the community over the 3 year funding period.

12.1.1         Development Assessment Panels: Nomination of Members

Moved:           Cr Brown

Seconded:     Cr Bowman

O1113-006

That Council nominates Councillor Cr Horan as a Shire of Esperance representative on the Goldfields - Esperance Joint Development Assessment Panel, and Councillor Cr Hall as an alternate member on the Goldfields - Esperance Joint Development Assessment Panel and advises the Minister for Planning of such additional appointments.

CARRIED

F9- A0

12.1.2         Local Planning Scheme No. 23 Amendment 14 - Final Approval

Moved:           Cr Bowman

Seconded:     Cr Parker

O1113-007

That Council

1)          Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 14.

2)          Adopt Local Planning Scheme No. 23 Amendment No. 14 with the following modifications:

a)   Modify Clause 6.8.4(c)ii so that it reads ‘Irrespective of Clause 6.8.4(c)(i) subdivision will not be supported unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use compatibility in Public Drinking Water Source Areas or is located in an endorsed Outline Development Plan Area.’

b)   Modify the note under Clause 6.8.1 of Local Planning Scheme No. 23 – New wording to read ‘Public Drinking Water Source Protection Areas are defined on the Scheme Map in accordance with information provided by the Department of Water.’

3)          Upon receipt of the modified document, Council adopt Local Planning Scheme No. 23 Amendment No. 14 for final approval, by:

i.          Modifying Clause 5.11.2 by inserting ‘Tourist,’ after ‘Central Area,’.

ii.         Modifying Clause 5.11.2(e) by inserting ‘Tourist,’ after ‘Central Area,’.

iii.        Modifying Clause 5.11.3 by inserting ‘Tourist,’ after ‘Central Area,’.

iv.        Adding a new clause 5.13.1.1 Setback Variation stating:

Where the setback from any highway or railway is less than 100 metres the Local Government will impose a condition on its planning consent for a dwelling or other noise sensitive premises requiring a Section 70A notification being placed on the title advising of the potential to be affected by transportation noise levels and proximity to highway and/or railway. The notification will need to be in place before a building permit is issued. Setbacks shall not be less than as specified in Schedule 8 unless an approved Outline Development Plan or Subdivision Guide Plan specifies otherwise.

v.         Replacing Clause 5.15 Building Height with:

a)   The height limit of any building that is not residential, industrial in nature or in the Central Area zone shall be limited to 9 metres.

b)   The height limit of any building that is industrial in nature shall be limited to 12 metres.

c)   The height limit of any building that is in the Central Area zone shall only be limited by plot ratio.

vi.   Modifying Clause 5.18.1 to replace the line ‘Collection area (m²) = 120000 divided by 0.85 divided by (local rainfall-24mm)’ with ‘Collection Area (m²) = 120000 divided by (0.85 multiplied by (local rainfall in mm - 24mm))’

vii.  Inserting the following clause into Part 5:

5.19     Vehicle Parking and Access    

5.19.1  Sealing of Vehicle Parking and Access Areas.

All areas utilised for vehicle parking, manoeuvring, access, egress and storage in the Central Area, Tourist Residential, Industry – Business, Industry – General, and Shops and Offices zones are to be sealed, marked and formalised as per Australian Standard 2890.1-2004 as amended.

viii.    Inserting the following clause into Part 5:

5.20     Bed and Breakfast and Holiday Home Requirements

5.20.1 Effluent Disposal

Where Bed and Breakfast and Holiday Home uses are proposed, the site is to either be connected to sewer, or the effluent disposal systems are to be of suitable quality and size.

ix.             Inserting the following clause into Part 5:

5.21     Coastal Development

5.21.1  Interpretation

In this part, Coastal Development includes but is not limited to rezoning, structure planning, subdivision, strata subdivision and/or development of coastal land, as determined by Council and may apply in any zone.

5.21.1.4 All coastal development is to comply with the provisions of State Planning Policy 2.6 - State Coastal Planning Policy.

5.21.1.5 In accordance with section 77 (b) of the Planning and Development Act 2005, the provisions of State Planning Policy 2.6 - State Coastal Planning shall apply as if they were part of this Scheme.

5.21.1.6 An application for planning approval will be required for Coastal Development, notwithstanding clause 8.2 of this Scheme’

x.       Inserting the following Clause into the Scheme as Clause 6.13.3.5.

Notwithstanding clause 6.13.3.1 a local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements for the Structure Planning Area.

xi.      Deleting Clause 6.4.11(c) and renumbering Clause 6.4.11 accordingly.

xii.     Replacing Clause 6.8.1with:

The purpose of SCA 4 is to provide guidance for land use or development for the protection of public drinking water source areas

xiii.    Replacing Clause 6.8.2 (a) with:

provide a basis for the protection of public drinking water resources (PDWSA) through the control of land use or development, which has the potential to prejudice the quality of water supplies for public use;

xiv.    Replacing Clause 6.8.2 (b) with:

identify land that has been designated as groundwater reserves and surface catchment areas that supply public drinking water;

xv.     Inserting the following clause after Clause 6.8.4(b):

6.8.4(c) Minimum Lot Sizes for Rural Residential and Country Town zones

(i)         Where subdivision of land zoned Rural Residential or Country Town is proposed within Special Control Area 4, the minimum lot sizes for shall be as follows:

       Priority Area 1 – No Permitted Subdivision

       Priority Area 2 – 2 Hectares

       Priority Area 3 – 1 Hectare

(ii)        Irrespective of Clause 6.8.4(c)(i) subdivision will not be supported unless the proposal complies with the provisions of Water Quality Protection Note 25 Land Use compatibility in Public Drinking Water Source Areas or is located in an endorsed Outline Development Plan Area.

xvi.    Replacing Clause 6.8.5(b) with:

Esperance Water Reserve Drinking Water Source Protection Plan and other plans associated with outlying Country Towns;

xvii.   Replacing Clause 6.8.5(i) with:

For the purposes of this Scheme the groundwater reserves for the Country Town zones will be deemed to be a Priority 2 (P2) and a wellhead protection zone of 300 metres will apply for all public drinking water supply bores unless the Department of Water indicates otherwise.

xviii.  Inserting the following clause after Clause 6.11.4(h):

6.11.4(i)   Where the subject lot is affected by Clause 6.8 – Public Drinking Water Source Protection Areas – Special Control Area 4 and Clause 6.11 – Blue Haven and Second Beach Special Control Area 7, the following minimum lot sizes for subdivision shall apply:

(a)  In accordance with the Drinking Water Source Protection Areas, a minimum lot size of 1 hectare where the development is not proposed for connection to reticulated sewer.

(b) Otherwise a minimum lot size in accordance with the Residential Design Codes will apply subject to an Outline Development Plan being prepared and reticulated sewer being provided.

xix. Modifying Schedule 2 - Additional Use A4 by changing the base zone to Country Town.

xx.     Modifying Schedule 2 by removing A5 in its entirety.

xxi. Inserting ‘Bulk Storage Facility’ into the Land Use Table as a ‘D’ use in the Industry – General and Agriculture – General zones , and as an ‘X’ use within all other zones.

xxii.          Inserting ‘Storage’ into the Land Use Table as a ‘P’ use in the Industry – General zone a ‘D’ use within the Industry – Business zone and an ‘X’ use within all other zones.

xxiii.         Amending the Land Use Table to add ‘Motel’ as a ‘D’ use in the Tourist zone.

xxiv.         Amending the Land Use Table to add ‘Group Dwellings’ as an ‘A’ use in the Central Area zone.

xxv.          Amending the Land Use Table by making ‘Dwelling an ‘X’ use in the Central Area zone.

xxvi.         Inserting ‘Multiple Dwelling’ as a use into Table No. 1 – Zoning and Land Use Table as a ‘D’ use within the Residential, Tourist Residential and Central Area zones, and as an ‘X’ use within all other zones and inserting the definition of ‘Multiple Dwelling’ into Schedule 1 as: has the same meaning as in the Residential Design Codes.

xxvii.        Inserting ‘Multiple Dwelling’ as a definition into Schedule 1 – Dictionary of Defined Words and Expressions within the following definition – “has the same meaning as in the Residential Design Codes.”

xxviii.       Inserting ‘Community Purposes’ as a use into Table No. 1 – Zoning and Land Use Table as a ‘D’ use within the Industry – Business and Central Area zones, as an ‘A’ use within the Country Town and Shops and Offices zones and as an ‘X’ use within all other zones.

xxix.         Inserting ‘Nursery’ as a use into Table No. 1 – Zoning and Land Use Table as a ‘D’ use in the Agriculture – General and Rural Smallholdings zones and a ‘A’ use in the Rural Residential and Industry – General zones.

xxx.          Inserting ‘Nursery’ as a definition into Schedule 1 – Dictionary of Defined Words and Expressions with the following definition – “means land and buildings used for the propagation, rearing and sale of plants, and the storage and sale of products associated with horticultural and garden decor.”

xxxi.         Modify the note under Clause 6.8.1 of Local Planning Scheme No. 23 – New wording to read ‘Public Drinking Water Source Protection Areas are defined on the Scheme Map in accordance with information provided by the Department of Water.

4)          Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 14 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

5)          Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 14.

CARRIED

F9 - A0

12.1.3         Local Planning Scheme No. 23 Amendment 16 - Final Approval

Moved:           Cr Griffiths

Seconded:     Cr Stewart

O1113-008

That Council

1)   Note the submissions received in relation to Local Planning Scheme No. 23 Amendment No. 16.

2)   Adopt Local Planning Scheme No. 23 Amendment No. 16 for Final Approval, by:

i.     Applying a specific density code on the Scheme map of R20 to Lots 813-829, 843-853 and 986-989 Baleine Drive, Lots 917-920 Biscay Lane, Lots 877-880 Burton Road, Lots 127-129 Canard Way, Lots 796-812 and 977-980 Cannes Parade, Lots 940-954 and 967-976 Chantilly Circuit, Lots 83,88,89,91,122 and 123 Cloud Street, Lots 958-966, 990-995 Cologne Street, Lots 1050-1053 Cull Close, Lots 773-793 and 916 Dauphin Crescent, Lots 741-759 Easton Road, Lots 997-1001 Foin Lane, Lots 830-840, 854-862, 1011 and 1012 Goldfields Road, Lots 112-119, 121, 124-126, 130-140, 143 and 144 Gunton Circuit, Lots 51-59 and 61-69 Hastings Crescent. Lots 96-102 Hood Way, Lots 867-874 and 882-885 Lyon Parade, Lots 1-6,60 and 80, Lots 181-183, 727-738, 766-769, 822 and 823, Lots 841, 842 and 875 Monet Avenue, Lots 86, 87 and 1045-1048 Ram Court, Lots 70-79, 81, 82, 84, 85, 90, 92, 179, 180, 199, 200 and 1041-1044 Remark Drive, Lots 900-913 and 925-939 Saison Street, Lots 981-985, 996 and 1003-1007 Sommet Street, Lots 863-866, 886-898 and 921 St Germaine Avenue, Lots 1055-1060 Waterlily Way and Lots 1027-1040 Woody Avenue as depicted on the Amendment Map.

ii.    Amending the Scheme Map by rezoning Lot 132 Quarry Road, Myrup from ‘Rural Residential’ to ‘Public Purpose’ with a reserve designation of ‘Emergency Services’ as depicted on the Amendment Map.

iii.   Amending the Scheme Map by rezoning Lot 502 South Coast Highway and Lot 55 McLeans Road, Chadwick from ‘Future Commercial/Industrial’ and ‘Development Area 5’ to ‘Industry – General’ as depicted on the Amendment Map.

iv.   Amending the Scheme Map by rezoning Lot 506 South Coast Highway from ‘Future Commercial/Industrial’ and ‘Development Area 5’ to ‘Parks, Recreation and Conservation – Local’ as depicted on the Amendment Map.

v.    Amending the Scheme Map by rezoning Lots 207, 205 and 300 Stable Road, Chadwick from ‘Rural Residential’ to ‘Parks, Conservation and Recreation – Local’ as depicted on the Amendment Map.

vi.   Amending the Scheme Map by rezoning Lot 26 South Coast Highway from ‘Agriculture – General’ to ‘Parks, Conservation and Recreation – Local’ as depicted on the Amendment Map.

vii.  Amending the Scheme Map by rezoning Lot 3 Gibson Road, Gibson from ‘Agriculture – General’ to ‘Public Purpose’ with a reserve designation of ‘Primary School/High School’ as depicted on the Amendment Map.

viii. Amending the Scheme Map by rezoning Lots 359-361 Norseman Road from ‘Industry – Business’ to ‘Shops and Offices’ as depicted on the Amendment Map.

ix.   Amending the Scheme Map by rezoning Lots 64, 1016, and 63 Piesse Street and Lot 1017 Blake Street, Sinclair from ‘Future Residential’ and ‘Development Area 3’ to ‘Public Purpose’ with a reserve designation of ‘Primary School’ as depicted on the Amendment Map.

x.    Amending the Scheme Map by rezoning Lot 501(Reserve 27785) Orleans Bay Road from ‘Agriculture – General’ and ‘Country Town’ to ‘Parks, Recreation and Conservation – Local’ as depicted on the Amendment Map.

xi.   Amending the Scheme Map by rezoning Lots 107-109, 113 and 115-118 Alana Road, Lot 11 Coolgardie-Esperance Highway, Lots 110-112 and 114 McLennan Street, Lots 106, 119 and 120 Starr Street and VCL Walker Street from ‘Country Town’ to ‘Rural Residential’ as depicted on the Amendment Map.

xii.  Amending the Scheme Map by rezoning Lot 619 Sims Street and Lot 623 Collett Street, Chadwick, from ‘Public Purpose’ to ‘Industry – General’ as depicted on the Amendment Map.

xiii. Amending the Scheme Map by rezoning Lots 1, 3, 4, 8, 10, 12, 454-466, 469 and 754 Mitchell Street, Lots 2, 5-7, 9, 11, 57, 476-486, 752 and 903 Walmsley Street, Lots 1, 470, 633 and 634 Chaplin Street, and Lots 452, 453 and 487 Goldfields Road from ‘Residential’ with a density of R20 and ‘Parks, Recreation and Conservation – Local’ to ‘Residential’ with a density of R30 as depicted on the Amendment Map.

xiv. Applying a specific density code on the Scheme map of R20 to Lots 312-319, 331-332 and 337 Johns Street and 320-326 and 336 Moir Street as depicted on the Amendment Map.

xv.  Applying a specific density code on the Scheme map of R20 to Lots 61-70 Parsons Street, Lots 71-77 Johns Street and Lots 78-87 Ocean Street as depicted on the Amendment Map.

xvi. Applying a specific density code on the Scheme map of R30 to Lot 422, 423, 424, 425 Westmacott and Lots 421, 451 and 1 Goldfields Road as depicted on the Amendment Map.

xvii.          Applying a specific density code on the Scheme map of R20 to Lot 11 Winston Way, Nulsen as depicted on the Amendment Map.

xviii.         Amending the Scheme Map by removing RR8 from Lot 3030 White Street, Nulsen as depicted on the Amendment Map.

xix. Amending the Scheme Map by applying rezoning a portion of Lot 12 Coolgardie-Esperance Highway, Gibson from ‘Agriculture – General’ to ‘Public Purpose’ with a reserve designation of ‘Airport’ as depicted on the Amendment Map.

xx.  Amending the Scheme Map by rezoning a portion of Lot 102 Pink Lake Road, Pink Lake from ‘Parks, Recreation and Conservation – Local’ to ‘Residential’ with a density of R20 as depicted on the Amendment Map.

xxi. Amending the Scheme Map by rezoning Lots 501, 502 and 503 Pink Lake Road, Pink Lake from ‘Residential’ with a density of R20 to ‘Important Regional Road’ as depicted on the Amendment Map.

xxii.          Amending the Scheme Map by rezoning by Lots 477, 761 and 765 Stable Road, Chadwick from ‘Industry-General’ to ‘Residential’ as depicted on the Amendment Map.

xxiii.         Amending the Scheme Maps by changing SCA4G-P3 in the Gibson townsite with SCA4G-P2 as depicted on the Amendment Map.

xxiv.         Amending the Scheme Maps by changing SCA4-P3 in the Condingup townsite with SCA4C-P2 as depicted on the Amendment Map.

xxv.          Amending the Scheme Maps by updating the boundaries of Drinking Water Source Protection Areas – Special Control Area 4 as depicted on the amendment map.

3)          Authorise the Shire President and Chief Executive Officer to execute Local Planning Scheme No. 23 Amendment No. 16 documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Hon. Minister for Planning.

4)   Advise the submitters of Council’s decision in relation to Local Planning Scheme No. 23 Amendment No. 16.

CARRIED

F8 - A0

12.1.4         Closure of a portion of Barook Road Reserve

Moved:           Cr Griffiths

Seconded:     Cr Horan

O1113-009

That Council:

1. Request the Minister of Lands to close the road reserve known as a portion of Barook Road under Section 58 (1) of the Land Administration Act 1997.

2. 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.

3. Advise the owners of Lot 44 Barook Road, Pink Lake that they are liable to indemnify the Shire against all costs and expenses reasonably incurred in the road closure process.

CARRIED

F9 - A0

12.1.5         Proposed Road Closure for a Road Reserve on the Corner of Chartwell Lane and Murray Road

Moved:           Cr Parker

Seconded:     Cr Brown

O1113-010

That Council

1. Request the Minister of Lands to close the road reserve known as a portion of land on the corner of Chartwell Lane and Murray Road under Section 58 (1) of the Land Administration Act 1997.

2. 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.

CARRIED

F9- A0

12.2.1         RFQ 22-13 Replacement of a 24 Tonne Pneumatic Tyred Road Roller

Moved:           Cr Bowman

Seconded:     Cr Griffiths

O1113-011

That Council:

1.     Not accept the outright purchase offers from Allused Pty Ltd and Pickles Auctions under WALGA disposal tender RFT 029-13 (Plant 1); and

2.     Accept quotation RFQ 22-13 from Tutt Bryant  for the supply, delivery and licensing of one Bomag BW25RH as specified utilising trade in of the Shire’s existing 2003 Multipac Pneumatic Tyred Road Roller, Registration E19804, for a net changeover of $138,000 Excl. GST.

CARRIED

F9 - A0

12.3.1         Financial Services Report - October 2013

Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O1113-012

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity and the Accounts for Payment) for the month of October as attached be received.

CARRIED

F9 - A0

12.4.2         Amendment to Schedule of Fees and Charges 2013/2014

Officer’s Recommendation

That Council:

1.  Amend the Schedule of Fees and Charges 2013-14 in accordance with the enclosed schedule; and
2.  Advertise that the statutory fees will take effect as of 1^st November 2013 and the discretionary fees will take effect as of 1^st December 2013.

Moved:           Cr Hall

Seconded:     Cr Stewart

O1113-013

That Council:

1.    Amend the Schedule of Fees and Charges 2013-14 in accordance with the enclosed schedule with the amendment of a $50 bond to be paid to hire a cat trap and remove the hire fee; and

2.    Advertise that the statutory fees will take effect as of 1^st November 2013 and the discretionary fees will take effect as of 1^st December 2013.

Amendment

Moved: Cr Bowman

Seconded: Cr McIntyre

O1113-014

1.    Amend the Schedule of Fees and Charges 2013-14 in accordance with the enclosed schedule with the amendment of a $50 bond to be paid to hire a cat trap and remove the hire fee; and

2.    Advertise that the statutory fees will take effect as of 1^st November 2013 and the discretionary fees will take effect as of 1^st December 2013.

                                                         CARRIED

                                               F9/0

The amendment became the substantive motion;

Council Resolution

O1113-015

That Council:

3.    Amend the Schedule of Fees and Charges 2013-14 in accordance with the enclosed schedule with the amendment of a $50 bond to be paid to hire a cat trap and remove the hire fee; and

4.    Advertise that the statutory fees will take effect as of 1^st November 2013 and the discretionary fees will take effect as of 1^st December 2013.

                                                                                                                                     CARRIED

                          F9 - A0

Reason: Council felt that removing the hire fee and reducing the bond on cat traps would encourage the community to trap feral cats when necessary.

12.4.3         Application - Cat Management Facility

Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O1113-016

That Council:

Waive all planning, advertising and penalty fees pertaining to the requirement for

retrospective planning approval for the operation of an ‘Animal Establishment’ at Lot 94 (8) Downes Street,  Pink Lake.

CARRIED

F9 - A0

12.5.1         Councillor's Information Bulletin-November 2013

Moved:           Cr Stewart

Seconded:     Cr Brown

O1113-017

That the report titled Councillor’s Information Bulletin November 2013 including the following minutes be received.

1.   Lake Monjinup Management Committee-October 2013

2.   SuperTowns Project Team Meeting-September 2013

CARRIED

F9 - A0

12.5.2         Appointment of Committees

Moved:           Cr Brown

Seconded:     Cr McIntyre

O1113-018

That Council:

1.   Adopts the Terms of Reference for Council Committees (as attached)

2.   Requests the CEO write to identified organisations asking them to provide their nominated representatives to the Council Committees and delegate authority to the CEO to accept these nominations.

3.   Requests the CEO advertise for expressions of interest to fill community positions within the Council Committees.

4.   Appoints Councillors to Council Committees as per the following table.

5.   Requests the Shire President (on behalf of Council) to write a letter of appreciation to all members of those committees not being reinstated at this point in time being;

a)          Coastal Reserves Working Party

b)         Community Arts, Activities and Funding Advisory Committee

c)         Community Heritage Committee

d)         Community Safety and Crime Prevention Committee

e)         Esperance Cemetery Advisory Committee

f)          Flinders Stage 2 & Shark Lake Sales and Marketing Committee

g)         Foreshore Advisory Committee

h)         SuperTowns Project Team

i)          Tourism Advisory Committee

CARRIED

F9 - A0

Reason: Council wanted to note which committees were not being reinstated at this time.

12.5.3         Appointment of Members to External Committees

Moved:           Cr McIntyre

Seconded:     Cr Brown

O1113-019

That Council

1.   Adopt the External Committee Representation Policy, as amended.

2.   Nominate Cr Heasman for consideration as a Local Government appointee to the Goldfields Esperance Development Commission when Expressions of Interest for these positions are advertised.

3.   Appoint Councillors to external committees as per table below;

CARRIED

F9 - A0

Resumption of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr Hall

O1113-021

That standing orders be resumed.

CARRIED

F9 - A0

12.5.4         Christmas & New Year Trading Hours

Moved:           Cr Griffiths

Seconded:     Cr Hall

O1113-022

That Council confirm and endorse the following amended extended trading hours for the 2013 Christmas and New Year Period for the Shire of Esperance:

CARRIED

F9 - A0

Reason: Council felt that having only additional trading hours for Boxing Day would be in the best interest of the community.

Motion

Moved:           Cr Brown

Seconded:     Cr Stewart

O1113-023

That Council accept the following late items;

16.1                 2012/2013 Annual Report

16.2                 Tender: Sale of Lots- Flinders Stage 2

CARRIED

F9 - A0

16.1   2012/2013 Annual Report

Moved:           Cr Heasman

Seconded:     Cr Horan

O1113-024

That Council

1.   Accepts the 2012/13 Annual report (including the 2012/13 Annual Financial Statements and Associated Notes) as presented.

2.   Convenes the Annual General Meeting of electors for 7pm Wednesday 18 December 2013 at the Esperance Civic Centre.

3.   Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2012/2013 Annual Report and the time and date of the annual general meeting of electors.

CARRIED

F9 - A0

16.2   Tender: Sale of Flinders Stage 2 Lots

Moved:           Cr Horan

Seconded:     Cr Stewart

O1113-025

That Council, authorise the CEO to:

1)   Advertise all unsold lots within Flinders Stage 2, excluding lots 236 – 252 and any lots currently under offer, for sale by tender.

2)   Bring the results of this tender back to the next Ordinary Council meeting, along with an updated valuation report.

CARRIED

F8 - A0

Moving behind closed doors

Moved:           Cr Brown

Seconded:     Cr Bowman

O1113-026

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   Debt Collection- Rates Assessment # 76778

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)).

CARRIED

F9 - A0

17.1   Debt Collection- Rates Assessment # 76778

Moved:           Cr Griffiths

Seconded:     Cr Hall

O1113-027

That Council authorise the CEO pursue further legal action and debt collection action against assessment # 76778 to recover unpaid rates including the sale of land if the existing legal action is unsuccessful.

CARRIED

F9 - A0

Coming from behind closed doors

Moved:           Cr Brown

Seconded:     Cr Hall

O1113-028

That the meeting come from behind closed doors.

CARRIED

F9 - A0