Motion

Moved:           Cr Hall

Seconded:     Cr Bowman

O0515-001

That Council grant the following applications for leave of absence;

Cr Paul Griffiths             4 June until 10 June 2015

Cr Natalie Bowman        10 June until 14 June 2015 & 22 August until 9 September 2015

Cr Victoria Brown           30 July until 24 August 2015

Cr Lara McIntyre             4 June  until 10 June 2015 &         26 July until 6 September 2015

Cr Basil Parker                15 June until 15 July 2015

CARRIED

F9 - A0

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0515-002

That the Minutes of the Ordinary Council Meeting of the 28 April 2015 be confirmed as a true and correct record.

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0515-003

That Council accept late items 16.1 and 16.2.

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0515-004

That Council bring forward item 16.1.

CARRIED

F9 - A0

Suspension of Standing Orders

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0515-005

That section Nine of the Standing Orders be suspended at 4:22pm to allow for discussion on item 16.1

CARRIED

F9 - A0

Resumption of Standing Orders

Moved:           Cr Brown

Seconded:     Cr Hall

O0515-006

That Standing Orders be resumed.

CARRIED

F9 - A0

16.1       Napier Road Safety Audit

Moved:           Cr Griffiths

Seconded:     Cr Brown

O0515-007

Officers Recommendation

That Council request Main Roads WA to reduce the speed limit to 80km/hr on the South Coast Highway in the vicinity of Napier Road based on the following –

1.   Substandard safe intersection site distances when exiting Napier Road.

2.   At 80km/hr the existing site distances meet the required safe intersection site distances as defined by Austroads.

3.   The vertical alignment of South Coast Highway does not meet the Austroads standards for 110km/hr.

Council Resolution

That Council

1.      Request Main Roads WA to reduce the speed limit to 80km/hr on the South Coast Highway in the vicinity of Napier Road based on the following –

1.   Substandard safe intersection site distances when exiting Napier Road.

2.   At 80km/hr the existing site distances meet the required safe intersection site distances as defined by Austroads.

3.   The vertical alignment of South Coast Highway does not meet the Austroads standards for 110km/hr.

2.      Seek the support of  local Members of State Government in regards to the Shire’s request to Main Roads.

CARRIED

F9 - A0

Motion

Moved:           Cr Brown

Seconded:     Cr Hall

O0515-008

That Council bring forward item 12.4.2.

CARRIED

F9 - A0

12.4.2    Tender 02/15 Subcontract Building Services 2015/16

Moved:           Cr Horan

Seconded:     Cr Brown

O0515-009

Council Resolution

That Council:

1.   Accept all tenders for Tender 0215 Subcontract Building Services 2015/16, detailed in the schedule of rates as tabled, for use in the 2015/16 financial year, and;

2.   Inform all tenderers that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

CARRIED

F9 - A0

12.1.1    Retrospective Development Application - Unauthorised Carport, Patio & Alfresco (Deck), Lot 676 No 9 Smith Street, West Beach

Moved:           Cr Hall

Seconded:     Cr Horan

O0515-010

Council Resolution

That Council retrospectively approve the carport and patio only, subject to the complete demolition of the alfresco area (decking, framework and roof over) and the following conditions:

1.  An application for the complete demolition of the unauthorised “alfresco” area (decking, framework and roof over) is to be submitted to the Shire within ninety (90) days from the date of this determination.

2.  Wall cladding on the carport is to be removed. If replaced, this must be with a clear and unobstructed sheeting (as indicated on the plans provided) in order to maintain the required passive surveillance of the street and approach to the dwelling.

3.  Unless agreed to in writing between both property owners and with the express written consent of the Shire of Esperance, the dividing fence is to remain at a maximum height of 1.8m, being in accordance with the maximum height prescribed for a “sufficient fence” under the Shire of Esperance Local Laws Relating to Fencing.

4.  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).

5.  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).

6.  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).

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.

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.  Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6.  Please be advised that it is an offence under the Planning and Development Act 2005 to commence any development without first obtaining the necessary approvals from the Local Government, and penalties of up to $200,000.00 plus $25,000.00 per day for which an offence continues can apply.

CARRIED

F9 - A0

12.1.2    Development Application - Industrial Shed - Lot 489 (21) Sinclair Street, Castletown

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0515-011

Council Resolution

That Council resolve to approve Development Application 10.2015.2879.1 for an Industrial Shed at Lot 489 (21) Sinclair Street, Castletown, subject to the following conditions:

1.    Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plans 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 (Asset Management) – refer enclosed vehicle crossover application form.

3.    A minimum of three (3) 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 (asphalt, concrete or brick pavers), drained, kerbed, marked and thereafter maintained.

5.    No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

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

7.    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 (Asset Management) in accordance with the approved Stormwater Management Plan.

8.    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.

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

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 proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

13.  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.

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.    Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6.    The development is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for Planning Approval and/or Signs License for any signage proposed to be erected on site.

CARRIED

F9 - A0

12.1.3    Development Application - Bed and Breakfast Establishment - Lot 6 (109) Twilight Beach Road, West Beach

Moved:           Cr Bowman

Seconded:     Cr Brown

O0515-012

Council Resolution

That Council resolve to approve Development Application 10.2015.2891.1 for a Bed and Breakfast Establishment at Lot 6 (109) Twilight Beach Road, West Beach, 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.   A minimum of one (1) car bay for each bedroom used for bed and breakfast accommodation shall be provided on-site in addition to the car parking requirements for the dwelling.

3.   On-site signage shall not exceed 0.2 square metres in area.

4.   Emergency lighting and smoke alarms that are hard wired to mains power must be installed in the rooms and associated hallways in accordance with Part 3.7 of the Building Code of Australia.

5.   Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

6.   No parking or display of vehicles and/or equipment shall occur within the road verge area at any time.

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

11. 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.

And the following advice notes:

1.   The applicant is to liaise with Shire of Esperance (Building Services) to ascertain any requirement for a Building Permit for any works proposed.

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

4.   Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

5.   The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for Planning Approval, Building Permit and/or Signs License for any signage proposed to be erected on site.

CARRIED

F8 - A0

12.1.4    Development Application - Keeping of Horses - Lot 67 Tranquil Drive, Windabout

Moved:           Cr Brown

Seconded:     Cr McIntyre

O0515-013

Council Resolution

That Council resolve to approve Development Application 10.2015.2864.1 for the keeping of a horse at Lot 67 Tranquil Drive, Windabout, 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)   Development is limited to one horse being kept on the site.

3)   There is to be no direct access onto Fisheries Road. All access to the property is to be to and from Tranquil Drive.

4)   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.

5)   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.

And the following advice notes:

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

2)   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

F9 - A0

12.1.5    Draft Local Planning Policy - Signs

Moved:           Cr Horan

Seconded:     Cr McIntyre

O0515-014

Council Resolution

That Council prepare the Signs Local Planning Policy in accordance with Clause 2.4 of Local Planning Scheme No. 23 as per Attachment A.

CARRIED

F9 - A0

12.2.1    Approval to Tender Lots in Flinders Stage 2

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0515-015

Council Resolution

That Council

1.    Direct the CEO to advertise all unsold lots within Flinders Stage 2, excluding lots 236-252 and 290 and any lots under offer at the time the tender is advertised, for sale by tender.

2.    Confirm it believes that the valuation received from Herron Todd White on the 30 May 2014 is still a true indication of the value of the unsold lots in Flinders Stage 2.

3.    List all lots that an offer is not received on through the tender process, at the following prices:

4.    Delegate authority to the CEO to negotiate and accept offers on all listed properties at or above the licensed valuations as received from Herron Todd White on the 30 May 2014.

CARRIED

F8 - A0

12.3.1    Community Grants Program - Activity Program Allocations

Moved:           Cr Brown

Seconded:     Cr Hall

O0515-016

Council Resolution

That Council approve the following grant applications to the Community Grants Program – Activity Program:

1.   $1,000 -  Cannery Arts Centre July Holiday Kickarts program.

2.   $1,780 - Esperance Community Arts Hip Hop Community Youth Performance and Concert.

CARRIED

F9 - A0

12.4.1    Tender 01/15 Subcontract Plant Hire 2015/16

Moved:           Cr Griffiths

Seconded:     Cr McIntyre

O0515-017

Council Resolution

That Council accept all tenders for Tender 01/15 – Subcontract Plant Hire 2015/16, detailed in the schedule of rates as tabled, for use in the 2015/16 financial year, with all tenderers to be informed that acceptance of any tender and inclusion of that service or supply on the Shire of Esperance Conforming Contactor Database does not grant exclusive rights to Shire of Esperance works and does not guarantee any quantity of work.

CARRIED

F9 - A0

12.4.3    Replacement of Bitumen Spraying Trailer

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0515-018

Council Resolution

That Council accept quotation from Paveline International Pty Ltd for the supply, delivery and licensing of one new 2000L Bitumen Emulsion Spraying Trailer as specified, a net changeover of $61,010.00

CARRIED

F9 - A0

12.4.4    Site Selection - Esperance Skate Park

Moved:           Cr Griffiths

Seconded:     Cr Parker

O0515-019

Council Resolution

That Council build the proposed new Esperance Skate Park on Reserve 27318 (Site 2) William Street South of Boat Ramp as per the site assessment report produced by Convic.

CARRIED

F8 – A1

(Against Cr Stewart)

12.5.1    Reassignment of Lease - Old School Master's House - Museum Village

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0515-020

Council Resolution

That Council consent to the reassignment of the lease on the Old School Master’s House in Museum Village from Ganagdeep Singh to Melroy Gallyot under the existing lease terms and conditions.

CARRIED

F9 - A0

12.5.2    Financial Assistance Grants to Local Government

Moved:           Cr Parker

Seconded:     Cr Stewart

O0515-021

Council Resolution

That Council

1.       Acknowledges the importance of federal funding through the Financial Assistance Grants program for the continued delivery of councils services and infrastructure;

2.       Acknowledges that the council will receive $4.8 million in 2014-15; and

3.       Will ensure that this federal funding, and other funding provided by the Federal Government under relevant grant programs, is appropriately identified as Commonwealth grant funding in council publications, including annual reports. 

4.       Raise concerns with State and Federal Members of Parliament about the impact of a freeze to the indexation of Financial Assistance Grants to the Shire of Esperance and Local Government in general.

CARRIED

F9 - A0

12.5.3    Long Term Financial Plan Review

Moved:           Cr Brown

Seconded:     Cr Horan

O0515-022

Council Resolution

That Council

1.       Adopt the Long Term Financial Plan 2015/16 – 2024/25.

2.       Request the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

CARRIED

F8 – A1

(Against Cr Stewart)

12.5.4    Financial Services Report - April 2015

Moved:           Cr Griffiths

Seconded:     Cr Bowman

O0515-023

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 April as attached be received.

CARRIED

F9 - A0

12.6.1     Review of Shire of Esperance Local Laws

Moved:           Cr McIntyre

Seconded:     Cr Horan

O0515-024

Council Resolution

That Council, as a result of the full review of Local Laws:

1.       Accepts that the following Local Laws remain unchanged;

·        Bushfire Brigades Local Law 2002

·        Health Local Law 2002;

2.       Repeals the following Local Laws;

·        Fencing Local Law 2002;

·        Pest Plants Local Law 1979;

·        Signs Local Law 2004; and the

·        Standing Orders 2001

3.       Endorse the Shire of Esperance Amendment Local Law, as detailed in Appendix A, with reference to the following Local Laws;

·        Cemeteries Local Law 2002

·        Dogs Local Law 2002; and the

·        Extractive Industries Local Law 2001

4.       Endorse the new Shire of Esperance Fencing Local Law 2015 as detailed in Appendix B.

5.       Endorse the new Shire of Esperance Standing Orders Local Law 2015 as detailed in Appendix C.

6.       Endorse the new Shire of Esperance Cats Local Law 2015 as detailed in Appendix D.

7.       Requests the CEO undertake all the required statutory advertising relating to points 1-6 above.

CARRIED

F9 - A0

12.6.2    WALGA Annual General Meeting and WA Local Government Convention 2015

Moved:           Cr Parker

Seconded:     Cr Brown

O0515-025

Council Resolution

1.   That Council nominate Councillors Heasman and Hall as the Shire’s Voting Delegates for the WALGA Annual General Meeting to be held in Perth on the 5 August 2015.

2.   That Councillors Bowman, Parker, Horan, Hall and Heasman and the CEO attend the 2015 Western Australian Local Government Convention held in Perth on the 7 and 8 August 2015.

CARRIED

F9 - A0

12.6.3    Delegations Register - Annual Review

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0515-026

Council Resolution

That Council endorse the Shire of Esperance Delegated Authority Register 2015/2016 as attached.

CARRIED

F9 - A0

12.6.4         Review of Strategic Community Plan 2012 - 2022

Moved:           Cr Brown

Seconded:     Cr Bowman

O0515-027

Council Resolution

That Council

1.  Adopt the Strategic Community Plan 2012 – 2022

2.  Requests the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995.

CARRIED

F9 - A0

12.6.5    Information Bulletin - May 2015

Moved:           Cr Bowman

Seconded:     Cr Stewart

O0515-028

Officers Recommendation

That Council accept the Information Bulletin for May 2015 including;

1.    Interplan Report – April 2015        

2.    Thank You Letter – Goldfields Miners Memorial

3.    Thank You Letter – Salmon Gums Community Centre Opening

4.    Letter of Congratulations – Commendations – 2015 WA Heritage Awards – Esperance Foreshore

5.    Minutes – GVROC – 30 January 2015

6.    Minutes – GVROC – 27 February 2015

7.    Minutes – GVROC – Technical Officers Working Group 6 March 2015

Council Resolution

That Council accept the Information Bulletin for May 2015 including;

1.    Interplan Report – April 2015     

2.    Thank You Letter – Goldfields Miners Memorial

3.    Thank You Letter – Salmon Gums Community Centre Opening

4.    Letter of Congratulations – Commendations – 2015 WA Heritage Awards – Esperance Foreshore

5.    Minutes – GVROC – 30 January 2015

6.    Minutes – GVROC – 27 February 2015

7.    Minutes – GVROC – Technical Officers Working Group 6 March 2015

8.    Minuets – GVROC – 4 May 2015

CARRIED

F9 - A0

13.1       Minutes of Committees

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0515-029

Council Resolution

That Council receive the minutes of the

·     Art Collection Advisory Committee – 29 April 2015

·     Lake Monjingup Community Development Group - 29 April 2015

·     Off Road Vehicle Working Party – 28 April & 11 May 2015

CARRIED

F9 - A0

13.2       De-accession of Artworks

Moved:           Cr McIntyre

Seconded:     Cr Stewart

O0515-030

Council Resolution

That Council endorses

1.   The de-accession of items numbered 24, 35, 49, 51 and 61 in the Shire of Esperance Art Collection Catalogue; and

2.   Disposes of these items in accordance with the de-accession table included under the officers comments within this report.

CARRIED

F9 - A0

16.2       RFT 17-14 Replacement of a Tri-Axle Low Loader

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0515-031

Council decided to defer this item to the June Ordinary Council Meeting to gather more information.

CARRIED

F9 - A0