Motion

Moved:           Cr Bowman

Seconded:     Cr Griffiths

O0114-001

That Council grant a leave of absence to Cr L McIntyre from 17 February 2014 to 21 February 2014.

CARRIED

F8 - A0

Moved:           Cr Parker

Seconded:     Cr Griffiths

O0114-002

Council Resolution:

That the Minutes of the Special Council Meeting of the 17 December 2013,  Ordinary Council Meeting of the 17 December 2013 and the minutes of the Annual Electors Meeting held 18 December 2013 be confirmed as true and correct records.

CARRIED

F8 - A0

12.1.1         Consideration of Modification to Restrictive Covenant - Lots 1 and 5 Wharton Road, Condingup

Moved:           Cr Stewart

Seconded:     Cr McIntyre

O0114-003

Officer’s Recommendation

That Council advise the Department of Lands that it supports the modification of the Restrictive Covenant to the area of Lots 1 and 5 Wharton Road, Condingup as shown in Attachment C subject to a new restrictive covenant being placed on the balance of Lots 1 and 5 Wharton Road, Condingup to restrict development to tourism related development only.

Council Resolution:

                   That Council advise the Department of Lands that it supports the modification of the Restrictive Covenant to the area of Lots 1 and 5 Wharton Road, Condingup as shown in Attachment C.

CARRIED

F6 - A1

(Against Cr Heasman)

Reason: Council wanted to provide improved development potential to the site that would have been prohibited under the officer’s recommendation.

12.1.2         Development Application for Oversize Outbuilding on Lot 805 (45) Barney Road, Chadwick

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0114-004

Council Resolution:

That Council approve Development Application 10.2013.2431.1 for the development of an oversize Outbuilding (Shed) on Lot 805 (45) Barney Road, Chadwick, subject to the following standard 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 (Planning Services).

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

3.          All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

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

5.          The approved outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the land only, and shall not be used for human habitation, commercial or industrial uses.

AND the following advice notes:

1.          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.

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

3.          This is not a Building Permit.  An application for a building permit is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.”

CARRIED

F8 - A0

12.1.3         Proposed Road Dedication -  Lot 123 Windich Street, Esperance

Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O0114-005

Council Resolution:

That Council:

1. Request the Minister of Lands to dedicate Lot 123 D 60688 Windich Street, Esperance as road reserve under Section 56 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

F8 - A0

12.1.4         Proposed Road Realignment of Murray Road through Reserve 24486 and Lots 15 and 471 Murray Road

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0114-006

Council Resolution:

That Council:

1. Request the Minister of Lands to dedicate the indicated portion of Reserve 24486 and Lots 15 and 471 Murray Road as road reserve under Section 56 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

F8 - A0

12.1.5         Esperance Goldfields Surf Lifesaving Club Building - Update on Negotiations

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0114-007

Officer’s Recommendation

That Council lay the matter of the Lease of Reserve 41860 to the Esperance Goldfields Surf Life Saving Club (Inc) on the table until such time as agreement is reached for the resolution of non compliant issues with the current building.

Council Resolution:

That Council, subject to the approval of the Minister of Lands, agrees to lease to Esperance Goldfields Surf Life Saving Club (Inc) Reserve 41860, being Lot 2102 on Plan 192574, Twilight Beach Road, Dalyup, subject to the following:

1) The term of the lease to be 21 years;

2) The lease rental to be $1.00 as and when demanded;

3) The charge of a $110.00 Lease Preparation Fee along with the reimbursement at cost to Council of any Legal Fees pertaining to this Lease;

4) The lease area to be Reserve 41860 as defined in the lease and displayed clearly in the lease document;

5) The use of the property to be for Surf Life Saving Club House as designated in Vesting Order G142730;

6) That all lease terms and conditions be as the Shire Land Only Lease with the addition of a requirement to submit plans for the new building within six (6) months and construction of the new building to commence within eighteen (18) months; and

7) The commitment made in Attachment B and listed hereunder, is to be an essential  condition of the lease,  until such time as the current building is made compliant or a new  building is built:

a)    The Esperance Goldfields Surf Life Saving Club (Inc) will no longer approve any public functions at the clubrooms. The clubhouse will only be used for surf club business, and have a patrol function only. Surf Life Saving training and requalifications will still be conducted at the clubrooms;

b)    The Esperance Goldfields Surf Life Saving Club (Inc) will no longer require or provide accommodation for the caretaker in the current building;

c)    The Esperance Goldfields Surf Life Saving Club (Inc) will relocate the archives stored under the stairs to the room currently being used as a care takers room. This room will become the office; and

d)    The Esperance Goldfields Surf Life Saving Club (Inc) will install hand rails in the stair well, and place slip resistant tape to the treads.

e)    The Esperance Goldfields Surf Life Saving Club will submit an emergency management plan to the satisfaction of the Shire.

CARRIED

F8 - A0

Reason: The negotiation to resolve the compliance matters has progressed to a point that subject to the commitments made and the timeframes for plans and constructions a lease can be entered into. It is recognised that many of the compliance issues identified cannot be resolved until the new building is built and a lease is required to allow the new building to be progressed.

12.3.1         Rates Concession - Myrup Fly-in Estate - Lot 11

Moved:           Cr Bowman

Seconded:     Cr Hall

O0114-008

Council Resolution:

That Council grant the request of a 50% rate concession of on Lot 11, Myrup Fly-in Estate Survey Strata Plan 60076 for the period that the lot is valued under $15,000.00 by the Valuer General or until such time as a development application is approved by the shire.

CARRIED

F7 - A1

(Against Cr Stewart)

Motion

Moved:           Cr Stewart

Seconded:     Cr McIntyre

O0114-009

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.

12.3.2         Tender 1113 - Shark Lake Agricultural Land Lease

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)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)); and 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

F8 - A0

Suspension of Standing Orders

Moved:           Cr Brown

Seconded:     Cr Griffiths

O0114-010

That Standing Orders be suspended to allow for discussion.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0114-011

That Standing Orders be resumed.

CARRIED

F8 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0114-012

That Council come from behind closed doors.

CARRIED

F8 - A0

12.3.2         Tender 1113 - Shark Lake Agricultural Land Lease

Moved:           Cr Bowman

Seconded:     Cr Brown

O0114-013

Officer’s Recommendation

That Council award Tender 1113 Shark Lake Agricultural Land Lease to Mr. J Knox for a 2 year term with 5 x 1 year options to extend (options at Council’s discretion).

Council Resolution:

That Council

1. Award Tender 1113 Shark Lake Agricultural Land Lease to Mr. J Knox for a 2 year term with 5 x 1 year options to extend (options at Council’s discretion); and

2. Should Mr J. Knox decline Council’s decision to enter into a contract, award the Tender 1113 Shark Lake Agricultural Land Lease to the alternate submission received from Mr K. Scott.

CARRIED

F8 - A0

Reason: Council did not want to re-tender should the Shire of Esperance and  Mr Know fail to execute a lease.

12.3.3         Lease - Old Matron's Quarters - Museum Village

Moved:           Cr Brown

Seconded:     Cr McIntyre

O0114-014

Council Resolution:

That Council agrees to lease the Old Matron’s Quarter’s at 52 & 54 (Lots 57 & 58) Dempster Street Esperance, to John Totterdell for the purpose of a marine themed gallery along with retailing of local artwork and photography subject to the following;

a)          The term of the lease be from a negotiated commencement date, expiring 31 December 2015;

b)          The lease rental to be determined from commercial valuation;

c)          The lease area to be clearly identified in an attachment to the lease document;

d)          The disposal of the property be advertised in accordance with the Local Government Act s.3.58(4).

CARRIED

F8 - A0

12.3.4         Lease - Dalyup Community Hall

Moved:           Cr Bowman

Seconded:     Cr Griffiths

O0114-015

Officer’s Recommendation

That Council:

1.          Request the Minister of Lands change the Management Order for Reserve 26310 so that the purpose of use is changed from ‘Recreation’ to ‘Recreation’ and ‘Emergency Services’; and

2.          Agrees to lease to Dalyup Progress Association, Lots 24, 25, 19 & 20 South Coast Highway Dalyup, being Reserve 26310, subject to:

a)    Dalyup Progress Association providing a detailed plan to resolve the current outstanding work orders issued by Shire’s Health & Environment Department;

b)   The term of the lease to be 21 years;

c)   The lease rental to be $1.00 as and when demanded;

d)   The charge of a $110.00 Lease Preparation Fee along with the reimbursement at cost to Council of any Legal Fees pertaining to this Lease;

e)   The lease area is to be 2.45 ha, Lots 24, 25, 19 & 20 South Coast Hwy Dalyup as defined in the lease and displayed clearly in the lease document;

f)    That all lease terms and conditions be as the Shire Standard Lease for Sporting and Community Groups;

g)   That financial statements are provided to Council each year upon request, and

h)   That Dalyup Progress Association is permitted to sub-let a portion of Reserve 26310 to Dalyup Bush Fire Brigade, subject to approval from the Minister of Lands.

Council Resolution:

That Council:

1. Request the Minister of Lands change the Management Order for Reserve 26310 so that the purpose of use is changed from ‘Recreation’ to ‘Recreation’ and ‘Emergency Services’; and
2. Agrees to lease to Dalyup Progress Association portion of Reserve 26310, being Lots 19, 24 and portion of Lots 20 & 25 South Coast Highway Dalyup, subject to:

a)     Dalyup Progress Association and the Shire of Esperance develop a detailed plan to resolve the current outstanding work orders issued by Shire’s Health & Environment Department;

b)    The term of the lease to be 21 years;

c)    The lease rental to be $1.00 as and when demanded;

d)    The charge of a $110.00 Lease Preparation Fee along with the reimbursement at cost to Council of any Legal Fees pertaining to this Lease;

e)    The lease area is to be 2.09 ha portion  of Reserve 26310, being Lots 19, 24 and portion of Lots 20 & 25 South Coast Highway Dalyup, as defined in the lease and displayed clearly in the lease document;

f)     Access to the planned  Dalyup Bush Fire Brigade shed on portion of Lots 19 & 20 be permitted at all times through Lot 25;

g)    That all lease terms and conditions be as the Shire Standard Lease for Sporting and Community Groups;

h)    That financial statements are provided to Council each year upon request; and

i)     Approval from the Minister of Lands.

          CARRIED

F8 – A0

Reason:

Following asset management consultation, it is noted that all other Bush Fire Brigade sheds are considered the responsibility of the Shire. The proposed Dalyup Bush Fire Brigade Shed when complete will also become a Shire building on Crown Land with a Management Order for the Shire.

The alternative recommendation would still see Dalyup Progress Association leasing the majority of Reserve 26310 except for the portion identified (portion of Lots 20 & 25) which will remain under the control of the Shire for Emergency Services purpose.

12.3.5         Financial Services Report - December 2013

Moved:           Cr Stewart

Seconded:     Cr Brown

O0114-016

Council Resolution:

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

CARRIED

F8- A0

12.5.1         Information Bulletin

Moved:           Cr Bowman

Seconded:     Cr Parker

O0114-017

Council Resolution:

That the Councillor’s Information Bulletin for January 2014 be received.

CARRIED

F8 - A0

12.5.2         Appointment of Community Members to Council Committees

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0114-018

Council Resolution:

That Council

1.   Appoint the following community members as per the following table:

2.   Amend the Esperance Museum Management Committee Terms of Reference to include ‘One delegate as nominated by the Family History Group’ and reduce the community representatives to a maximum of one position.

3.   Amend the Lake Monjingup Community Development Group Terms of Reference to include ‘One delegate as nominated by Esperance Regional Forum’ and reduce the community representatives to a maximum of five positions.

4.   Advise the Art Collection Advisory Committee, Esperance Museum Management Committee, Esperance Roadwise Committee, Greater Sports Ground Redevelopment Committee and Lake Monjingup Community Development Group that if they identify additional potential community representatives that would add value to their committee, a recommendation can be made to Council within any committee meeting that additional members be appointed to the respective committee.

CARRIED

F8- A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0114-019

That Council accept late Item 16.1.

CARRIED

F8 - A0

16.1   Agenda Briefing Session and Ordinary Council Meeting dates for 2014.

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0114-020

Council Resolution:

That Council:

1.          Agrees to continue holding an Agenda Briefing at 1pm on the third Tuesday of every month commencing January 2014.

2.          Agrees to the following schedule of Ordinary Council Meeting dates from January 2014 until December 2014:

3.            Request the Chief Executive Officer to undertake all statutory advertising in this regard.

CARRIED

F8 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Brown

O0114-021

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

17.1   Objections to Proposed Lease - Esperance Airport Car Hire Desk 4

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

F8 - A0

17.1   Objections to Proposed Lease - Esperance Airport Car Hire Desk 4

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0114-022

Officer’s Recommendation

That Council after considering the two submissions received, allows Surefire Enterprises as trustee for the Zakostelsky Family Trust trading as Jetty Car Hire for a Hire Car Desk to lease Car Hire Desk # 4 as resolved in the Ordinary Council Meeting on 17 December 2013.

Council Resolution:

That Council;

1. After considering the two submissions received, allows Surefire Enterprises as trustee for the Zakostelsky Family Trust trading as Jetty Car Hire for a Hire Car Desk to lease Car Hire Desk # 4 as resolved in the Ordinary Council Meeting on 17 December 2013.

2. Accept the offer from Surefire Enterprises that Car Hire Desk # 4 will not be used as a car rental agency until after May 2014.

CARRIED

F8 - A0

Reason:  Council wanted to accept this proposal to defer trading by Surefire Enterprises.

Coming from behind closed doors

Moved:           Cr Brown

Seconded:     Cr Bowman

O0114-023

That the meeting come from behind closed doors.

CARRIED

F8 - A0