4        Application for Granted Leave of Absence

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0314-001

That Council grant the following applications of granted leave of absence;

Cr Natalie Bowman       30 March 2014 until 11 April 2014

Cr Basil Parker              1 April 2014 until 6 April 2014

Cr Paul Griffiths             2 May 2014 until 19 May 2014

CARRIED

F8 - A0

Moved:           Cr Stewart

Seconded:     Cr Griffiths

O0314-002

That Council accept a petition regarding play ground sun shade from Ms Amy Vickers and that this petition  be considered at a future meeting of Council.

CARRIED

F8 - A0

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0314-003

Council Resolution

That the Minutes of the Ordinary Council Meeting of the 25 February 2014 be confirmed as a true and correct record.

CARRIED

F8 - A0

Motion

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0314-004

That Council bring forward item 12.5.3.

CARRIED

F8- A0

12.5.3         Application for Extension of Easter Trading Hours

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0314-005

Officer’s Recommendation;

1.       Not support the application for an extension to retail trading hours on Easter           Monday,     21 April 2014 for the Esperance Woolworths store.

2.       Investigate the desire within the Esperance community for a permanent change to trading hours.

3.       Request the CEO to report back to Council on the potential options and process for consideration of a permanent change to retail trading hours in Esperance, by the next Ordinary Council Meeting.

Amendment

Moved:  Cr Bowman

Seconded: Cr Brown

That Council

1.          Not support the application for an extension to retail trading hours Easter              Monday, 21 April 2014 for the Esperance Woolworths store.

      2.           Investigate the desire within the Esperance community for a permanent           change to Christmas trading hours.

3.          Request the CEO to report back to Council on the potential options and                        process for consideration of a permanent change to retail  trading hours in                  Esperance, by the next Ordinary Council Meeting.

CARRIED

F6 – A1

     (Against Cr Stewart)

Substantive Motion

1.          Not support the application for an extension to retail trading hours Easter              Monday, 21 April 2014 for the Esperance Woolworths store.

      2.           Investigate the desire within the Esperance community for a permanent           change to Christmas trading hours.

3           Request the CEO to report back to Council on the potential options and                        process for consideration of a permanent change to retail trading hours in                  Esperance, by the next Ordinary Council Meeting.

CARRIED

F6 – A1

                                                          (Against Cr Stewart)

Reason: Council wanted to investigate the desire  of the Esperance Community for a permanent change to “Christmas” trading hours.

12.1.1         Development Application - Industrial Building (Storage Units) - Lot 702 (16) Effie Turner Drive, Chadwick

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0314-006

Council Resolution

That Council approve Development Application 10.2014.2461.1 for Industrial Buildings (Storage Units) 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 (Planning Services).

2.          The land and buildings the subject of this approval shall be used for the purposes of Storage only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 23 (refer attached definition as extracted from Schedule 1 – Definitions of LPS 23).

·     “Storage” means premises used for the storage of goods, equipment, plant, or materials.

3.          A minimum of eight (8) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking and the Building Code of Australia.

4.          Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed, drained, kerbed, marked (including disabled bays) and thereafter maintained.  The extent of seal is indicated in red on the approved plans.

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

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

7.          The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Engineering Services).

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

9.          Plans and specifications must be submitted for a stormwater retention system certified by a qualified Engineer as being consistent with standard engineering practices, to the satisfaction of the Shire of Esperance (Engineering Services).

10. Prior to the commencement of use, the stormwater retention system must be constructed in accordance with approved plans, to the satisfaction of the Shire of Esperance (Manager Engineering Assets/Engineering Services).

11. 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.

12. The approved development shall be connected to a reticulated water supply provided by a licensed water provider.

13. The approved development shall be connected to an approved effluent disposal system prior to commencement of the development and/or use to the satisfaction of the Shire of Esperance (Health Services).

14. Prior to the issuance of a building permit, a landscaping plan for the areas highlighted in green shall be submitted and approved by the Shire of Esperance (Planning Services).

15. Landscaping shall be carried out in accordance with the approved landscaping plan prior to the commencement of use, and thereafter shall be maintained as landscaped areas at all times, to the satisfaction of the Shire of Esperance (Planning Services).

16. 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).

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

18. The use hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

19. All new and existing fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

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 (Building Services) prior to any works commencing on-site.

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

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.          Stormwater retention system is to be designed in accordance with the Shire of Esperance “Stormwater Drainage – Onsite Retention Guidelines for Minor Residential, Commercial and Industrial Development”.

6.          The landscaping plan shall be submitted at a scale of 1:200 or 1:100 and shall detail the following (insert or delete details as required):

·     Proposed trees and shrubs to be planted including species, number and size of plants (NB: emphasis should be on native plants and preferably Western Australian native plants because of their general hardiness and low water requirements).  Trees and plants are to be shown in exact location using clear symbols;

·     Site layout and context including property boundaries, street names, building/s, parking areas, paved areas, and adjacent verges; 

·     Reticulation methods; and

·     Maintenance arrangements.

7.          The proposed development is satisfactory to the Shire of Esperance (Environmental Health Services) subject to compliance with the following legislation (as amended):

·     Health Act 1911;

·     Health Act (Laundries & Bathrooms) Regulations 1971;

·     Sewerage (Lighting, Ventilation & Construction) Regulations 1971;

·     Shire of Esperance (Health) Local Laws;

·     Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974; and

·     Environmental Protection (Noise) Regulations 1997.

8.          Ensure an application to install or construct an effluent disposal system for the treatment of sewage is submitted and a permit to build has been issued prior to any works being carried out.

9.          All signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

10. If the development of the subject of this approval is not substantially commenced within the period of 2 years, or other such period as specified in the approval after the date of determinations, the approval shall lapse and be of no further effect.

11. Where the approval has lapsed, no development shall be carried out without the further approval of the local government having first been sought and obtained.

12. If an applicant is aggrieved by this determination there is a right of review by the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005. An application for review must be lodged within 28 days of the determination.

CARRIED

F8 - A0

12.1.2         Development Application - Oversize Industrial Shed, Earthworks and Retaining Walls - Lot 85 (67) Norseman Road, Castletown

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0314-007

Council Resolution

That Council approve Development Application 10.2014.2464.1 for the development of an over height Industrial Shed, Earthworks and Retaining Walls on Lot 85 (67) Norseman Road, Castletown, 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 vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Engineering Services) – refer enclosed vehicle crossover application form.

3.          A minimum of eleven (11) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking and the Building Code of Australia.

4.          Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed, drained, kerbed, marked (including disabled bays) and thereafter maintained. 

5.          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 (Engineering Services).

6.          Stormwater drainage design is to be in accordance with the Shire of Esperance Draft Guidelines.

7.          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.

8.          The approved development shall be connected to a reticulated water supply provided by a licensed water provider.

9.          The approved development shall be connected to an approved effluent disposal system prior to commencement of the development and/or use to the satisfaction of the Shire of Esperance (Health Services).

10. 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).

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

12. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

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

14. All signs proposed to be erected on-site require the separate approval of the Shire of Esperance (Planning Approval and/or Signs Licence) prior to erection of such.

And the following advice notes;

1.          THIS IS NOT A BUILDING PERMIT.  In accordance with the provisions of the Building Act 2011, 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.

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

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.

CARRIED

F8 - A0

12.1.3         Development Application - Toilet - Lot 5 (87) Downes Street, Pink Lake

Moved:           Cr Horan

Seconded:     Cr Bowman

O0314-008

Council Resolution

That Council approve Development Application 10.2014.2470.1 for the development of a Toilet on Lot 5 (87) Downes Street, Pink Lake, 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.          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).

3.          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.

4.          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).

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

And the following advice notes:

1.          THIS IS NOT A BUILDING PERMIT.  In accordance with the provisions of the Building Act 2011, 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.

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

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 proposal is satisfactory to Council’s Environmental Health Services section subject to compliance with the following legislation (as amended):

·     Health Act 1911

·     Occupational Health, Safety and Welfare Regulations 1988

·     Sewerage (Lighting, Ventilation and Construction) Regulations 1971

·     Shire of Esperance Health Local Laws 2004

CARRIED

F7 - A0

12.2.1         Tanker Jetty Outcomes Report from Community Consultation

Moved:           Cr Horan

Seconded:     Cr Hall

O0314-009

Council Resolution

That Council,

1.          Receive the Tanker Jetty Replacement Project Community Consultation        Summary of Outcomes Report.

2.          Directs the Chief Executive Officer to commence the development of design     concepts and cost estimates for the replacement of the Esperance Tanker     Jetty as per the Summary of Outcomes Report, and

3.          Adopt the budget amendment as follows –

CARRIED

F7 - A0

12.2.2         Murray Road Emergency Expenditure

Moved:           Cr Parker

Seconded:     Cr McIntyre

O0314-010

Council Resolution

That Council adopts the following budget amendment –

CARRIED

F8 - A0

12.3.1         Buildings Asset Management and Fair Value

Officer’s Recommendation

That Council-

1.          Adopt the revised Building Asset Hierarchy and request that the CEO review the              Building Asset Management Plan in line with the new hierarchy.

2.          Agree with the list of buildings that are incorporated within each level of the                   hierarchy.

3.          Utilise the list of buildings contained within the asset management plan as a basis              for requiring revaluation for Fair Value Accounting purposes.

4.          Agree that the list of buildings that are outside of the asset management plan are              not Shire owned buildings and will not be considered in the future for maintenance,           renewal or recognition in the Shire’s financial statements.

Moved:           Cr Stewart

Seconded:     Cr McIntyre

O0314-011

Motion

That this matter lay on the table until the April 2014 Ordinary Council Meeting.

CARRIED

F8 - A0

Reason:  Council wanted more time to engage the community groups affected prior to making a decision.

12.3.2         2013/2014 Budget Review

Moved:           Cr Griffiths

Seconded:     Cr Horan

O0314-012

Council Resolution

That Council adopt the 2013/14 Budget Review.

CARRIED

F8 - A0

12.3.3         Financial Services Report - February 2014

Moved:           Cr Bowman

Seconded:     Cr Parker

O0314-013

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 February as attached be received.

CARRIED

F8 - A0

12.4.1         Community Arts and Activities Fund

Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O0314-014

Council Resolution

That Council approve the following Community Arts and Activities Fund applications;

1.           Cannery Arts Centre towards presenter fees and material costs of the April           School Holiday program -  $1,000

2.           ESCARE towards presenter fees and material costs of the Vacation Care           program - $1,500.

CARRIED

F8 - A0

12.4.2         Community Development Fund Review

Moved:           Cr Bowman

Seconded:     Cr Parker

O0314-015

Council Resolution

That Council:

1.          Endorses the change of name from Community Development Fund to        “Community Grants Program”;

2.          Adopts the Community Grants Program Guidelines; and

3.          Advertises for applications for the 2014/2015 Community Grants Program           during April 2014.

CARRIED

F8 - A0

12.4.3         Management of Horses and Dogs on Castletown Quays Beach

Moved:           Cr Griffiths

Seconded:    

O0314-016

Officer’s Recommendation

That Council:

1.   Gives local notice that a portion of the dog exercise area on Reserve 27318               between Bandy Creek rock groyne and a point 50m to the north of the Esplanade            cul-de-sac stairway will be closed between the hours of 4.00am and 8.00am.

2.    Invites applications for permits from horse owners to ride horses on the                     Castletown Beach foreshore between the Bandy Creek rock groyne wall and a        point 50m to the north of the Esplanade cul-de-sac stairway between the hours      of 4.00am and 8.00am.

                                                                                                                                 LAPSED

Alternate Recommendation

Moved: Cr McIntyre

Seconded: Cr Griffiths

O0314-017

Council Resolution

That Council:

1.   Under Schedule 2 Section 2.1(1) of the Local Government Property Local Law approves horse riding on that portion of Reserve 27318 between Bandy Creek rock groyne and a point 50m to the north of the Castletown Quays cul de sac stairway between the hours of 4.00am and 8.00am; and

2.   Under Section 5.2(2)(b) of the Dogs Local Law closes a portion of the dog exercise area on Reserve 27318 between Bandy Creek rock groyne and a point 50m to the south of the Castletown Quays cul de sac stairway (dogs on lead permitted) between the hours of 4.00am and 8.00am for the purpose of horse riding and as a buffer zone between horse riders and dogs off lead in the remainder of the dog exercise area.

Amendment

Moved: Cr Bowman

Seconded: Cr McIntyre

1.   Under Schedule 2 Section 2.1(1) of the Local Government Property Local Law approves horse riding on that portion of Reserve 27318 between Bandy Creek rock groyne and a point 50m to the north of the Castletown Quays cul de sac stairway between the hours of 4.00am and 8.00am; and

2.   Under Section 5.2(2)(b) of the Dogs Local Law closes a portion of the dog exercise area on Reserve 27318 between Bandy Creek rock groyne and a point 50m to the south of the Castletown Quays cul de sac stairway (dogs on lead permitted) between the hours of 4.00am and 8.00am for the purpose of horse riding and as a buffer zone between horse riders and dogs off lead in the remainder of the dog exercise area.

3.  That Council agree to trial the above recommendation for a period of 12 months.

Substantive Motion

1.   Under Schedule 2 Section 2.1(1) of the Local Government Property Local Law approves horse riding on that portion of Reserve 27318 between Bandy Creek rock groyne and a point 50m to the north of the Castletown Quays cul de sac stairway between the hours of 4.00am and 8.00am; and

2.   Under Section 5.2(2)(b) of the Dogs Local Law closes a portion of the dog exercise area on Reserve 27318 between Bandy Creek rock groyne and a point 50m to the south of the Castletown Quays cul de sac stairway (dogs on lead permitted) between the hours of 4.00am and 8.00am for the purpose of horse riding and as a buffer zone between horse riders and dogs off lead in the remainder of the dog exercise area.

3.  That Council agree to trial the above recommendation for a period of 12 months

CARRIED

F8 – A0

Reason: Council wanted this change of access to Castletown beach to be trialled for 12 months.

12.4.4         Sports Facilities and Services Plan

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0314-018

Council Resolution

That Council receive the Shire of Esperance Sports Facilities and Services Plan November 2013 and seek to obtain feedback from sporting user groups.

CARRIED

F8 - A0

12.4.5         Community Sporting and Recreation Facilities Fund (CSRFF) Small Grants Applications

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0314-019

Officer’s Recommendation

That Council supports option 1 of the Officers Comments and:

1.Pre-commits $36,454 from the Community Development Fund 2014/15 as contributory funding towards the Gibson Football Club lighting project on condition that CSRFF funding is approved;

2.Supports the submission of a CSRFF application to the Department of Sport and Recreation on behalf of the Gibson Football Club and recommends deferral of the Esperance Tennis Club application to the August 2014 CSRFF funding round; and

3.Prioritizes the applications -     1. Gibson Football Club

2. Esperance tennis Club

F2-A6

LOST

Motion

Moved:           Cr Bowman

Seconded:     Cr Stewart

O0314-020

           That Council;

1.   Acknowledge the application of Gibson Football Club and the Esperance Tennis Club to the CSRFF.
2.    Encourage both club to apply to the community grants program when it opens this financial year. And;
3.    Both clubs resubmit their application for council consideration in the August round of CSRFF funding.

CARRIED

F7 – A1

                                                                             (Against Cr Griffiths)

Reason: Council believe clubs should apply for CGP funding prior to applying for  CSRFF.

12.5.1         Information Bulletin March 2014

Moved:           Cr Griffiths

Seconded:     Cr Stewart

O0314-021

Council Resolution

That the Councillors Information Bulletin for March 2014 be received.

CARRIED

F8 - A0

12.5.2         Compliance Audit Return 2013

Committee’s Recommendation

That Council adopt the 2013 Shire of Esperance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996 as presented under separate cover.

Moved:           Cr Griffiths

Seconded:     Cr Bowman

O0314-022

Council Resolution

That Council:

1.    adopt the 2013 Shire of Esperance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996 as presented under separate cover; and

2.     This Compliance Audit Return be signed by the CEO and the Shire President.

CARRIED

F8- A0

Reason:  Council wanted to ensure that there was delegation to sign the Compliance Audit return.

12.5.4         Public Land Strategy

Motion

Moved:           Cr Stewart

Seconded:     Cr Bowman

That Council move item 12.5.4 to confidential section of the agenda.

CARRIED

F8- A0

Cr Griffiths declared an interest in the following Item left the chamber at  5.41pm.

12.5.5         Development of a New Governance Structure for Tourism in Esperance

Officer’s Recommendation

That Council reaffirm it’s commitment to the process of assisting to facilitate the identification of a new (appropriate) governance structure for tourism in Esperance. This includes the existing offer of a monetary contribution of $2,500 (provided that the activities that money is being used for is also agreed to by the Shire CEO).

Alternate Recommendation

 Moved:          Cr McIntyre

Seconded:     Cr Bowman

  O0314-023

Council Resolution

That Council:

1.    Reaffirms it’s commitment to the process of assisting to facilitate the identification of a new (appropriate) governance structure for tourism in Esperance.

2.    Confirms it’s contribution of $2,500 towards the identification of a new governance structure, provided matching funds are provided by Tourism Esperance and Tourism WA commits $2,000.

3.    Agrees to underwrite any funding required over $7,000 jointly with Tourism Esperance, provided all other avenues of funding available until the end of May 2014 are actively pursued in the first instance.

4.    Agrees to this project being managed by Tourism Esperance with support from the Shire of Esperance and Tourism WA.

CARRIED

F6 – A1

                                                                                                                                (Against Cr Stewart)

Reason: After discussion with Tourism Esperance the project scopes had changed and Council had received a commitment from Tourism WA for additional funds.

12.5.6         Local Government Reform - Request for Support from Shire of Wagin

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0314-024

Council Resolution

That Council:

1)   Support the Shire of Wagin’s proposed Motion to WALGA, specifically:

a.   Rejection of any forced amalgamation of any Local Government;

b.   That all amalgamations, mergers and boundary changes need to be supported by the effected Local Governments; and

c.   Maintain the current ability for Local Government communities to a hold a poll if structural change is proposed.

2)   Request the CEO to formally advise the Shire of Wagin, WALGA and GRVOC of Council’s position (above points) regarding Local Government Reform.

CARRIED

F7 – A1

(Against Cr McIntyre)

13.1   Adoption of Recommendations - Esperance Museum Management Committee

Moved:           Cr Bowman

Seconded:     Cr Stewart

O0314-025

Committee Recommendation

1. That Council appoint Sylvia Boast to fill the committee member vacancy, as the Community Member representative, for the Museum Management Committee.

2. That Council amend the “meeting frequency time”, in the Terms of Reference for the Esperance Museum Management Committee, for meetings to commence at 9:15am.

Officers Recommendation

1. That Council appoint Sylvia Boast to fill the committee member vacancy, as the Community Member representative, for the Museum Management Committee.

2. That Council amend the Terms of Reference for the Esperance Museum Management Committee, to remove the specified meeting start time, so that the meeting frequency reads “the committee will meet on the first Wednesday of every second month.”

Council Resolution

1. That Council appoint Sylvia Boast to fill the committee member vacancy, as the Community Member representative, for the Museum Management Committee.

2. That Council amend the Terms of Reference for the Esperance Museum Management Committee, to remove the specified meeting start time, so that the meeting frequency reads “the committee will meet on the first Wednesday of every second month.”

CARRIED

      F8 - A0

Reason:  Council believe that by not specifying dates and times would allow meeting organisers greater flexibility when setting meeting dates.      

13.2   Adoption of Recommendations - Arts Collection Advisory Committee

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0314-026

Council Resolution

Committee Recommendation

That Council appoint Bruce Malloch to fill the vacant position of community member on the Arts Collection Advisory Committee.

 CARRIED

     F8 - A0 

13.3   Minutes of Committee

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0314-027

Council Resolution

That the minutes (included in the Councillors Information Bulletin – March 2014) of the following;

1.   Esperance Twin Towns Committee – 10 February 2014

2.   Esperance Museum Management Committee – 12 February 2014

3.   Lake Monjingup Development Community Group – 12 February 2014

4.   Esperance Museum Management Committee – 5 March 2014

5.   Lake Monjingup Community Development Group – 5 March 2014

6.   GVROC Technical Officers Working Group – 27 September 2013

7.   GVROC Council Meeting – 28 February 2014

Be received.

CARRIED

F8 - A0

Moving behind closed doors

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0314-028

That Council accept late confidential Item 17.3 and move behind closed doors.

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   Proposed Demolition of Dwelling - Lot 340 (6) Adelaide Close, West Beach

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 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)).

17.2   Sale of Excess Inventory

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 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)).

17.3   Goldfields Esperance Regional Blueprint

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 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

17.1   Proposed Demolition of Dwelling - Lot 340 (6) Adelaide Close, West Beach

Moved:           Cr Horan

Seconded:     Cr McIntyre

O0314-029

Council Resolution

That Council

1.     Amend the 2013/14 Municipal Budget as follows:

And;

2.     Agrees to demolish the dwelling and construct a retaining wall on Lot 340, No.6 Adelaide Close, West Beach.

CARRIED

F8 - A0

17.2   Sale of Excess Inventory

Officer’s Recommendation

1.   That Council:

a.   Authorise the CEO to negotiate the sale of excess inventory (Rock Armor) to the Esperance Ports – Sea & Land at a below commercial royalty price basis, should the Esperance Ports – Sea & Land agree to a proportion of the excess inventory being utilized for a community benefit; and

b.   Transfer any proceeds received to the Tanker Jetty Reserve. 

c.   Amend the 2013/14 Budget accordingly

Alternate recommendation

Moved:           Cr Stewart

Seconded:     Cr Griffiths

O0314-030

That Council:

a)    Authorise the CEO to negotiate the sale of 12,500 tonnes of excess inventory (Rock Armor) to the Esperance Ports – Sea & land (Port), based on a commercial royalty price basis, no less than $8.00 per tonne;

b)           Donate the remaining excess inventory (Rock Armor) to the Esperance Bay Yacht Club on the basis of no further cost to Council;

c)    Transfer any proceeds received to the tanker Jetty Reserve; and

d)           Amend the 2013/14 Budget accordingly.

CARRIED

F7 - A0

Reason: The Shire had received an alternative offer from Esperance Ports-Sea & Land regarding the excess rock armor.

17.3   Goldfields Esperance Regional Blueprint

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0314-031

Council Resolution

That Council provide feedback to the GEDC and GVROC regarding the Draft Goldfields Esperance Regional Blueprint as attached in Attachment B of this report.

CARRIED

F8- A0

SUSPENSION OF STANDING ORDERS

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0314-032

That Council suspend standing orders for discussion of item 12.5.4

CARRIED

F8 - A0

RESUMPTION  OF STANDING ORDERS

Moved:      Cr Bowman

Seconded: Cr Brown

O0314-033

That Standing Orders be resumed at 6.34pm.

CARRIED

F8 - A0

12.5.4         Public Land Strategy

Moved:      Cr McIntyre

Seconded: Cr Hall

O0314-034

Council Resolution

That Council;

1.       Receive the attached Public Land Strategy.

2.       Direct the CEO to commence the process of acting on the recommendations within   the report only once both the Town Centre addendum and the policy guidelines     have been endorsed by Council.  With the exclusion of the Town Centre          Revitalisation.

3.       Correct the typographical error on page 13 of the Public Land Strategy Report.

CARRIED

F8 - A0

Reason: Council did not want to endorse the report until they had considered the addendum items mentioned in point 2.

Coming from behind closed doors

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0314-035

That the meeting come from behind closed doors.

CARRIED

F8 - A0