Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-022

That the Minutes of the Ordinary Council Meeting of the 22 July 2014, the Special Council Meeting of the 29 July 2014, and the Special Council Meeting of the 31 July 2014 be confirmed as true and correct records.

CARRIED

F5 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-023

That Council move to bring forward items 16.1 and 16.2.

CARRIED

F5 - A0

Motion

Moved:           Cr Stewart

Seconded:     Cr Parker

O0814-024

That Council accept late items 16.1 and 16.2.

CARRIED

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16.1   Partial Waiver of Fees and Charges for Interm Swimming and VacSwim

Moved:           Cr Stewart

Seconded:     Cr McIntyre

O0814-025

Officers Recommendation

That Council:

1. Provides a waiver (under Section 6.12, Local Government Act 1995) on the current fees and charges to bring the equivalent Fee for Interm Swimming entry to $3.50 per child for all schools and VacSwim to $4.00 per child to the end of the current school year;

2. Request all schools in the district to provide the Shire an estimate of Interm                    Swimming attendance for the 2015 calendar year, by no later than 1 October 2014;

3. Direct the CEO to develop a Interm Swimming Attendance and VacSwim fee per            child,  based on:

a.   The estimated attendance provided by the Schools; and

b.   The actual hourly cost of the Bay of Isles Leisure Centre (BOILC);

    for Council’s consideration at the October 2014 Ordinary Meeting of Council;                 and;

4. Direct the CEO to seek understanding and clarification on “Department of Education Policy or Policies” restricting the Shire of Esperance’s ability to raise, implement and apply appropriate fees and charges (as per Section 6.17, Local Government Act 1995) for the use of Shire Facilities with:

a) The Minister for Education; 

b)          The Minister for Local Government and Communities;

c) Local Members of Parliament; and

d)          The West Australian Local Government Association (WALGA);

Council Resolution

That Council:

1. Provides a waiver (under Section 6.12, Local Government Act 1995) on the current fees and charges to bring the equivalent Fee for Interm Swimming entry to $3.50 per child for all schools and VacSwim to $4.00 per child to the end of the current school year;

2. Request all schools in the district to provide the Shire an estimate of Interm        Swimming attendance for the 2015 calendar year, by no later than 1 October 2014;

3. Direct the CEO to develop a Interm Swimming Attendance and VacSwim fee per     child,  based on:

a.  The estimated attendance provided by the Schools; and

b.  The actual hourly cost of the Bay of Isles Leisure Centre (BOILC);

    for Council’s consideration at the October 2014 Ordinary Meeting of Council;              and;

4. Direct the CEO to seek understanding and clarification on “Department of Education Policy or Policies” restricting the Shire of Esperance’s ability to raise, implement and apply appropriate fees and charges (as per Section 6.17, Local           Government Act 1995) for the use of Shire Facilities with:

a) The Minister for Education; 

b)             The Minister for Local Government and Communities;

c) Local Members of Parliament; and

d)             The West Australian Local Government Association (WALGA);

5. Retain the previous fee structure for the Esperance Amateur Swim Club, relative to the lane hire fee of $2.50 per hour per lane for the remainder of the calendar year. 

CARRIED

F5 - A0

16.2   Re-instatement of Tip Passes to all Rateable Properties

Moved:           Cr Hall

Seconded:     Cr McIntyre

O0814-026

Council Resolution

That Council;

1.   Issue one set of 3 Tip Vouchers per Rates Notice Assessment Issued (excluding Interim Rate Notices) for 2014/15.

2.   Requests the CEO to report on a quarterly basis the number of tip vouchers redeemed.

3.   All future changes to the issuing of free tip vouchers be at the discretion of Council only.

CARRIED

F5 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0814-027

That Council move to bring forward Item 12.1.4.

CARRIED

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12.1.4         Proposed Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road

This Item was unable to be dealt with as there was only four members left in the Chambers.

12.1.1         Development Application - Proposed Change of Use and Freestanding Sign (4.2 metre Monolith Sign) - Lot 152 (71) The Esplanade, Esperance

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-028

Council Resolution

That Council approve Development Application 10.2014.2589.1 submitted by Dixon Construction WA Pty Ltd for a Proposed Change of Use and a Freestanding Sign (4.2m High Monolith Sign) on Lot 152 (71) The Esplanade, Esperance subject to the following conditions:

1.   Development shall be in accordance with the approved plans. The development shown on the approved plans is not to be altered or amended without the prior written consent of the Shire of Esperance (Planning Services).

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

a.   “Office” means premises used for administration, clerical, technical, professional or other like business activities.

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

5.   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.

6.   Signs shall be kept clean and maintained free of dilapidation at all times to the satisfaction of the Shire of Esperance (Planning Services).

And the following advice notes:

1.   Please note this is not a Signs Licence. A Signs Licence is required to be obtained prior to any development commencing on-site.

2.   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.

3.   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.

4.   If the development the subject of this approval is not substantially commenced within a period of two years from the date of this approval, the approval shall lapse and be of no further affect.

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

6.   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

F5 - A0

12.1.2         Proposed Road Closures - Portions of Black Street, Esperance and Proposed Road Dedications - Reserves 3287 and 30202

Moved:           Cr Parker

Seconded:     Cr Stewart

O0814-029

Council Resolution

That Council:

1.   Commence the road dedication process for a portion of Reserves 3287 and 30202, in accordance with Section 56 of the Land Administration Act 1997 and make a request to the Minister to dedicate the portion of reserves as a Public Road.

2.   Commence the road closure process for two portions of road reserve on Black Street, Esperance in accordance with Section 58 of the Land Administration Act 1997.

CARRIED

F5 - A0

12.1.3         Review of Caravan Parks and Camping Grounds Legislation - Consultation Paper

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0814-030

Officer’s Recommendation

That Council:

1.   Endorse the responses prepared by Shire officers to the guidance questions on the Caravan Parks and Camping Grounds Act 1995 Review Consultation Paper contained in the Shire of Esperance Feedback Form.

2.   Authorise the Chief Executive Officer to make a submission to the Department of Local Government and Communities based on the Shire of Esperance Feedback Form.

3.   Authorise the Chief Executive Officer to forward the Shire’s submissions to GVROC.

Council Resolution

That Council:

1.   Endorse the amended responses prepared by Shire officers to the guidance questions on the Caravan Parks and Camping Grounds Act 1995 Review Consultation Paper contained in the Shire of Esperance Feedback Form.

2.   Authorise the Chief Executive Officer to make a submission to the Department of Local Government and Communities based on the Shire of Esperance Feedback Form.

3.   Authorise the Chief Executive Officer to forward the Shire’s submissions to GVROC.

CARRIED

F5 - A0

12.1.5         Proposed Road Closure - Portion of Daly Street

Moved:           Cr Parker

Seconded:     Cr Hall

O0814-031

Council Resolution

That Council commence a road closure process for a portion of Daly Street in accordance with Section 58 of the Land Administration Act 1997.

CARRIED

F5 - A0

12.1.6         Amendment to Delegation Register - General Administration Powers                           (Planning)

Moved:           Cr Hall

Seconded:     Cr McIntyre

O0814-032

Council Resolution

That Council approve the amended Delegated Authority to the Chief Executive as detailed within Table 1 of this report.

CARRIED

F5 - A0

12.2.1         Closure of Murray Road and South Coast Highway Intersection

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-033

Council Resolution

That Council

1.         Close the intersection of Murray Road and South Coast Highway in accordance with the Local Government Act 1991 Section 3.50 and attached plan as approved by Main Roads WA.

2.         Remove all mail boxes currently located at the intersection of Murray Road and South Coast Highway to either Chartwell Land or Napier Road dependant on where the owner of the mail box resides. 

3.         Once the closure is complete undertake a Road Safety Audit on the intersection of South Coast Highway and Napier Road.

CARRIED

F5  - A0

12.2.2         Granite Rock Royalty Payment from Esperance Waterfront Project

Moved:           Cr Parker

Seconded:     Cr Hall

O0814-034

Council Resolution

That Council

1.  Allocates a royalty payment of $8/ton for the 100,477 ton of granite rock supplied for the construction of a seawall as part of the Esperance Waterfront Project.

2.Transfer $803,816 from the Esperance Waterfront Project to the Tanker Jetty Reserve for Stage 3 of the Esperance Waterfront Project, being the replacement of the Esperance Tanker Jetty.

CARRIED

F5  - A0

12.3.1         Lease - Esperance Community Arts Inc. - Old Police Sergeant's Quarters Museum Village

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-035

Council Resolution

That Council agrees to lease to the Esperance Community Arts Incorporated the property known as the Old Police Sergeant’s Quarters at Museum Village being located on portion of Lot 58 (54) and portion of Lot 59 (56) - Dempster Street Esperance subject to the following;

1)   The term of the lease to be 1 year and 5 months (expiring 31 December 2015);

2)   The lease rental to be determined by current commercial market rental valuation obtained from a registered independent valuer, with annual C.P.I. increases for the term of the lease;

3)   That all lease terms and conditions be as per Council Standard Commercial Lease; and

4)   Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property.

CARRIED

F5 - A0

12.3.2         Request for Track Extension - Esperance Mountain Bike Association Incorporated - Portion of Reserve 35037 Being Lots 1980 & 2033

Moved:           Cr McIntyre

Seconded:     Cr Stewart

O0814-036

Council Resolution

That Council permits Esperance Mountain Bike Association Incorporated to extend their existing track from 10 km to 15 km in length on their licensed area on Portion of Reserve 35037 being Lots 1980 & 2033 subject them obtaining written agreement for the extension of the track from the other licensees/lessees on Reserve 35037.

CARRIED

F5 - A0

12.3.3         Lease - Portion of Reserve 25639 Gibson - Esperance Pleasure Riders Club Inc

Moved:           Cr Parker

Seconded:     Cr Hall

O0814-037

Council Resolution

That Council agrees to grant a land only lease to Esperance Pleasure Riders Group over a portion of Reserve 25639, Lot 141 Starr Street Gibson, with the following conditions;

1)         The lease be subject to the approval of the Minister of Lands;

2)         The term of the lease be 20 years;

3)         The lease rent be $100.00 per annum;

4)         The area of the lease to be clearly identified on an attachment to the lease        document; and

5)         That the lease terms and conditions be as per the current lease document for   Sporting and Community Groups.

CARRIED

F5 - A0

12.3.4         Reassignment of Lease - Hangar 1 Esperance Airport

Moved:           Cr Hall

Seconded:     Cr Stewart, JP

O0814-038

Council Resolution

That Council consents to reassignment of the existing lease on Hangar 1 at Esperance Airport from Mr Robert Rollond to Mr Andrew Burns.

CARRIED

F5- A0

12.3.5         Financial Services Report - July 2014

Moved:           Cr Parker

Seconded:     Cr Stewart

O0814-039

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 July as attached be received.

CARRIED

F5 - A0

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

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-040

Council Resolution

That Council supports the following applications to the Department of Sport and Recreation CSRFF Small Grants Funding Round, in order of priority:

a.   Indoor Sports Stadium Management Committee – Lighting Upgrade Basketball Stadium - $14,000 plus GST.

b.   Esperance Football and Sporting Club Inc – Visitors Change Rooms and Facilities at Esperance Oval - $28,000 plus GST.

c.   Gibson Football Club – Lighting Upgrade Gibson Oval - $36,454 plus GST.

d.   Shire of Esperance– Easy Access Change Rooms and Facilities at Bay of Isles Leisure Centre - $22,636 plus GST.

CARRIED

F5 - A0

12.4.2         Community Grants Program - Activity Program Allocations

Moved:           Cr Stewart

Seconded:     Cr McIntyre

O0814-041

Council Resolution

That Council

1.   Approve $1,000 for the Cannery Arts Centre October Kickarts program towards tutor fees and materials costs.

2.   Approve $500 for Esperance Community Arts Inclusive Family Arts Day towards material costs.

3.   Approve $500 for the Esperance Bay Yacht Club towards coach travel and accommodation.

CARRIED

F5 - A0

12.5.1         Information Bulletin August 2014

Moved:           Cr Parker

Seconded:     Cr Stewart

O0814-042

Council Resolution

That Council accept the Information Bulletin for August 2014 including;

1.   Minutes GVROC Council Meeting 13 June 2014

2.   Minutes GVROC Council Meeting 23 June 2014

3.   Minutes GVROC Technical Officers Meeting 11 July 2014

4.   Minutes GVROC Council Meeting 6 August 2014

CARRIED

F5 - A0

12.5.2         Review of Shire of Esperance Local Laws

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-043

Council Resolution

That Council request the Chief Executive Officer give local and state-wide public notice of the Shire’s intent to review its suite of Local Laws.

CARRIED

F5 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0814-044

That Council bring forward Public Question time.

CARRIED

F5 - A0

Moving behind closed doors

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0814-045

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   Contract of Employment - Senior Officer

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)); and 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)).

CARRIED

F5 - A0

17.1   Contract of Employment - Senior Officer

Moved:           Cr Parker

Seconded:     Cr McIntyre

O0814-046

Council Resolution

That Council offer Mr Harris a new five (5) year Contract of Employment, commencing from the date of the expiry of his current Contract.

CARRIED

F5 - A0

Coming from behind closed doors

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0814-047

That the meeting come from behind closed doors.

CARRIED

F5 - A0