Moved:           Cr Bowman

Seconded:     Cr Parker

O0116-001

That Council grant the following applications for leave of absence;

Cr Lara McIntyre          13 February until 17 February 2016

Cr Kevin Hall                23 February until 25 February 2016

Cr Natalie Bowman      29 February until 9 March 2016

Cr Paul Griffiths                    17 February 2016

CARRIED

F9 - A0

Moved:           Cr McIntyre

Seconded:     Cr Griffiths

O0116-002

That the Minutes of the Ordinary Council Meeting of the 15 December 2015, and the Special Council Meeting of the 22 December 2015 be confirmed as true and correct records.

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0116-003

That Council move the following items forward and consider them en bloc:

·         12.1.2    Adoption of Revised Local Planning Policy - Outbuildings

·         12.1.3    Proposed Modifications to Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake

·         12.1.5    Proposed Road Closure - Landfill Road, Bandy Creek

·         12.5.2    Financial Services Report - December 2015

·         12.6.1    Information Bulletin - January 2016

·         13.1       Minutes of the Audit Committee

CARRIED

F9 - A0

EN BLOC

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-004

That Council adopt the officer’s recommendations for the following items:

·         12.1.2    Adoption of Revised Local Planning Policy - Outbuildings

·         12.1.3    Proposed Modifications to Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake

·         12.1.5    Proposed Road Closure - Landfill Road, Bandy Creek

·         12.5.2    Financial Services Report - December 2015

·         12.6.1    Information Bulletin - January 2016

·         13.1       Minutes of the Audit Committee

CARRIED

F9 - A0

12.1.2         Adoption of Revised Local Planning Policy - Outbuildings

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-005

Council Resolution

That Council:

1.   Resolve in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) to proceed with the Local Planning Policy: Outbuildings with one modification as per Attachment A being;

·      In the definition of outbuilding replace the words ‘attached carport’ with ‘carport attached to an enclosed non-habitable structure that is detached from any dwelling.’

2.   Under Clause 7.3.2 of State Planning Policy 3.1 Residential Design Codes (R-Codes) seek approval from the Western Australian Planning Commission for the Local Planning Policy – Outbuildings to be a variation to the deemed-to-comply provisions of the R-Codes; and

3.   Rescind the Council Policy entitled ‘Local Planning Policy: Outbuildings’.

CARRIED

F9 - A0

12.1.3         Proposed Modifications to Outline Development Plan - Lot 25 Keenan Road, Lot 770 Spencer Road, and Lot 9002 Eleven Mile Beach Road, Pink Lake

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-006

Council Resolution

That Council note the modifications and adopt the modified Outline Development Plan for Lot 25 Keenan Road, Lot 770 Spencer Road and Lot 9002 Eleven Mile Beach Road, Pink Lake as per Clause 8.2 of the Structure Plan Framework of the Planning and Development (Local Planning Schemes) Regulations 2015 and Clause 22 (1)(b) and Clause 38 (1)(b) of Schedule 2 (Deemed Provisions) of the Planning and Development (Local Planning Schemes) Regulations 2015.

CARRIED

F9 - A0

12.1.5         Proposed Road Closure - Landfill Road, Bandy Creek

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-007

Council Resolution

That Council:

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

2.    Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3.    Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the Shire of Esperance.

CARRIED

F9 - A0

12.5.2         Financial Services Report - December 2015

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-008

Council Resolution

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

CARRIED

F9 - A0

12.6.1         Information Bulletin - January 2016

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-009

Council Resolution

That Council accept the Information Bulletin for January 2016 including;

1.       Condolences - Esperance Bushfire Disaster - Member for Mandurah

2.       Thank You - Support and Handling of Esperance Fires

3.       Letter of Appreciation - Visit To Esperance - Governor of Western Australian

4.       Thank You - Donation of Achievement Award - Esperance Primary School

5.       Letter of Appreciation - Support for passengers of the Pacific Eden

6.       Register - Delegations Discharge – Corporate Resources

7.       Minutes – GVROC Council Meeting – 27 November 2015

8.       Interplan Report - December 2015

CARRIED

F9 - A0

13.1   Minutes of the Audit Committee

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-010

Council Resolution

That the recommendations of the Audit Committee meeting held on 14 December 2015 be received.

CARRIED

F9 - A0

12.1.1         Local Planning Scheme No. 23 - Amendment No. 20

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0116-011

Officer’s Recommendation

That Council, pursuant to Section 75 of the Planning and Development Act 2005:

1.   Initiate Local Planning Scheme No. 23 – Amendment No. 20

2.   Amend Local Planning Scheme No. 23 by:

I. Inserting ‘Second-hand Dwelling’ as a use into Table No. 1 – Zoning and Land  Use Table as a ‘D’ use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture General zones, and as an ‘X’ use within all other zones.

II.  Amending the Scheme by inserting the following clause into Part 5:

5.24 Second-hand Dwelling Requirements

5.24.1   Notwithstanding any other requirement of the Scheme, all Second-hand dwellings require the planning approval of the local government.

5.24.2   Where a Second-hand dwelling use is proposed it shall comply with the following:

a)    A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)    All asbestos roofs are to be removed prior to relocation irrespective of condition.

c)    Within the residential zone, if 50% or more of the existing dwellings within ten (10) lots on either side and on both sides of the road of a subject site have external walls of brick, then the dwelling to be located on the site is to be substantially brick veneered. If a corner site is involved, the calculation will be based on the longer street.  If an upgrading of external building materials is necessary, the proposed treatment must be fully detailed on the application.

d)    If a brick veneer condition is not imposed, then the void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials.

e)    Regardless of external wall materials, all roofs over the main portion of the dwelling are to have a pitch of 10º or greater.

5.24.3   When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

a)    The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)    The provision of landscaping and/or screening of the building and/or site; and

c)    The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

5.24.4   Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

III. Inserting the definition of ‘Second-hand Dwelling’ into Schedule 1 as: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

3.   Under Regulation 35(2)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 determine that Amendment No. 20 is a standard amendment as under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 it is not a complex or basic amendment.

4.   Refer Amendment No. 20 to the EPA under Section 81 of the Planning and Development Act 2005.

Council Resolution

That Council, pursuant to Section 75 of the Planning and Development Act 2005:

1.    Initiate Local Planning Scheme No. 23 – Amendment No. 20

2.    Amend Local Planning Scheme No. 23 by:

                             I.    Inserting ‘Second-hand Dwelling’ as a use into Table No. 1 – Zoning and Land  Use Table as a ‘D’ use within the Residential, Country Town, Rural  Residential, Rural Smallholdings and Agriculture - General zones, and as an ‘X’ use within all other zones.

                            II.      Amending the Scheme by inserting the following clause into Part 5:

5.24 Second-hand Dwelling Requirements

5.24.1   Notwithstanding any other requirement of the Scheme, all Second-hand dwellings require the planning approval of the local government.

5.24.2    Where a Second-hand dwelling use is proposed it shall comply with the following:

a)   A building that has a roof or wall sheeting or any other material such as sound proofing or insulation, that contains asbestos, is not permitted to be relocated until those materials containing asbestos are removed and disposed of in the appropriate manner, prior to transportation.

b)   The void area between the floor and natural ground levels is to be enclosed with brickwork, battens or other suitable materials as approved by the local government.

5.24.3   When considering an application for planning approval for a second-hand dwelling, the local government may impose conditions concerning:

a)   The external appearance and material finishes, the screening of sub-floor spaces, the addition to or modification to the existing dwelling and the time frame imposed to complete specified work and connect the dwelling or building to lot services;

b)  The provision of landscaping and/or screening of the building and/or site; and

c)   The provision of a bond or bank guarantee in favour of the Local Government as surety for the completion of the building to a standard of presentation acceptable to the Local Government within a specified time.

5.24.4    Where the provision of a bond or bank guarantee is required, the Local Government shall refund the payment upon satisfactory completion of the necessary works.

                                III.     Inserting the definition of ‘Second-hand Dwelling’ into Schedule 1 as: means a dwelling that has been in a different location, and has been dismantled and transported to another location, but does not include a new modular or transportable dwelling;

3.    Under Regulation 35(2)(a) of the Planning and Development (Local Planning Schemes) Regulations 2015 determine that Amendment No. 20 is a standard amendment as under Regulation 34 of the Planning and Development (Local Planning Schemes) Regulations 2015 it is not a complex or basic amendment.

4.    Refer Amendment No. 20 to the EPA under Section 81 of the Planning and Development Act 2005.

CARRIED

F9 - A0

12.1.4         Proposed Road Closure - Portion of Road Reserve adjoining Lot 606 Doak Place, Castletown

Moved:           Cr Bowman

Seconded:     Cr Stewart

O0116-012

Officer’s Recommendation

That Council:

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

2.     Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3.     Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

Council Resolution

That Council:

1.     Request the Minister of Lands to close the road reserve known as a portion of Stable Road under Section 58 (1) of the Land Administration Act 1997 adjacent to Lot 606 Doak Place, Castletown.

2.     Advise the Minister of Lands that in accordance with Section 56 (4) of the Land Administration Act 1997 that the Shire recognises that it is liable to indemnify the Minister against any claim for compensation in an amount equal to the amount of all costs and expenses reasonably incurred by the Minister in considering and granting the request.

3.     Requires all costs associated with the road closure process in regard to title adjustments and new titles to be met by the applicant.

CARRIED

F9 - A0

12.4.1         2015 Asset Management Strategy

Moved:            Cr Bowman

Seconded:       Cr McIntyre

Council Motion

That Council adopt the 2015 Asset Management Strategy.

Amendment

Moved:            Cr Padgurskis

Seconded:       Cr Parsons

That Council receive the 2015 Asset Management Strategy.

The amendment was put and                                                                                            LOST

F2 – A7

(Against Cr Hall, Cr Griffiths, Cr McIntyre, Cr Bowman, Cr Brown, Cr Parker & Cr Stewart)

The presiding member put the original motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0116-013

Council Resolution

That Council adopt the 2015 Asset Management Strategy.

CARRIED

F7 – A2

(Against Cr Padgurskis & Cr Parsons)

12.4.2         General Asset Management Plan

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-014

Council Resolution

That Council adopt the General Asset Management Plan

CARRIED

F8 – A1

(Against Cr Padgurskis)

12.4.3         Asset Management Plan - Stormwater Drainage 2015

Moved:           Cr Griffiths

Seconded:     Cr Hall

O0116-015

Council Resolution

That Council accept the 2015 Stormwater Drainage Asset Management Plan

CARRIED

F8 – A1

(Against Cr Padgurskis)

12.5.1         Debt Write-Off - Debtor # 3883

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0116-016

Council Resolution

That Council writes off outstanding debt of $1,292.50 (Inc GST) for Surefire Enterprises Pty Ltd as trustee for the Zakostelsky Family Trust (Debtor No. 4445).

CARRIED

F9 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0116-017

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   Tender 09-15 Construction of Depot Administration Building

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)).

17.2   RFQ 13-15 Replacement of a Grader

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)).

17.3   RFQ 17-15 Replacement of a Prime Mover

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)).

17.4   RFQ 18-15 Replacement of an End Tipper

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)).

17.5   RFQ 20-15 Replacement of a Light Truck

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)).

17.6   RFQ 29-15 Replacement of a Low Loader

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)).

17.7   Sale of Vacant Land - 6 Adelaide Close

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)).

17.8   Proposed Lease - Lot 47 Shark Lake Road Monjingup - Shark Lake Industrial Park

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)).

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0116-018

That Council move the following items forward and consider them en bloc:

·         17.2       RFQ 13-15 Replacement of a Grader

·         17.3       RFQ 17-15 Replacement of a Prime Mover

·         17.4       RFQ 18-15 Replacement of an End Tipper

·         17.5       RFQ 20-15 Replacement of a Light Truck

·         17.7       Sale of Vacant Land - 6 Adelaide Close

CARRIED

F9 - A0

EN BLOC

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-019

That Council adopt the officer’s recommendations for the following items:

·         17.2       RFQ 13-15 Replacement of a Grader

·         17.3       RFQ 17-15 Replacement of a Prime Mover

·         17.4       RFQ 18-15 Replacement of an End Tipper

·         17.5       RFQ 20-15 Replacement of a Light Truck

·         17.7       Sale of Vacant Land - 6 Adelaide Close

CARRIED

F9 - A0

17.2   RFQ 13-15 Replacement of a Grader

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-020

Council Resolution

That Council

1.  Accept the outright purchase offer from Smith Broughton & Sons under WALGA disposal tender RFT 017_15 (Plant 1) for $127,700.00; and

2.  Accept quotation RFQ 13/15 from Westrac Pty Ltd for the supply, delivery and licensing of one new Caterpillar 12M Grader as specified, for a purchase cost of $354,560.00.

CARRIED

F9 - A0

17.3   RFQ 17-15 Replacement of a Prime Mover

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-021

Council Resolution

That Council

1.  Accept the outright purchase offer from The Larmour Family Trust under WALGA disposal tender RFT 041_14 (Plant 5) for $87,334.00; and

2.  Accept quotation RFQ 17/15 from Truck Centre WA for the supply, delivery and licensing of one new VOLVO FMX Truck as specified, for a purchase cost of $212,900.00.

CARRIED

F9 - A0

17.4   RFQ 18-15 Replacement of an End Tipper

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-022

Council Resolution

That Council

1.  Accept the outright purchase offer from The Larmour Family Trust under WALGA disposal tender RFT 041_14 (Plant 3) for $21,700.00; and

2.  Accept quotation RFQ 18/15 from Bruce Rock Engineering for the supply, delivery and licensing of one new BRE End Tipper as specified, for a purchase cost of $66,700.00.

CARRIED

F9 - A0

17.5   RFQ 20-15 Replacement of a Light Truck

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-023

Council Resolution

That Council

1.   Accept the outright purchase offer from Smith Broughton & Sons under WALGA disposal tender RFT 041_14 (Plant 6) for $8,770.00 Ex. GST; and

2.   Accept quotation RFQ 20/15 from Albany City Isuzu for the supply, delivery and licensing of one new Isuzu NLS Truck as specified, for a purchase cost of $49,012.73 Ex. GST.

CARRIED

F9 - A0

17.7   Sale of Vacant Land - 6 Adelaide Close

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0116-024

Council Resolution

That Council

1.   Offer the opportunity to list the property to all real estate agents with a local commercial office, on a non-exclusive basis and at a commission rate of 3%.

2.   Delegate authority to the Chief Executive Officer to list the property and negotiate and accept an offer in line with option 1 in the attached option summary (attachment A).

CARRIED

F9 - A0

17.1   Tender 09-15 Construction of Depot Administration Building

Moved:           Cr Parker

Seconded:     Cr McIntyre

O0116-025

Council Resolution

That Council award Tender 0915 Construction of Depot Administration Building to Dixon Construction at a total cost of $1,831,452 exclusive of GST.

CARRIED

F8 – A1

(Against Cr Padgurskis)

17.6   RFQ 29-15 Replacement of a Low Loader

Moved:           Cr Griffiths

Seconded:     Cr Bowman

O0116-026

Officer’s Recommendation

That Council

1.  Accept the outright purchase offer from Able Innovators under WALGA disposal tender RFT 041_14 (Plant 3) for $23,000.00; and

2.  Accept quotation RFQ 29/15 from Howard Porter for the supply, delivery and licensing of one new Howard Porter Low Loader as specified, for a purchase cost  of $92,400.00.

Council Resolution

That Council

1.  Accept the outright purchase offer from Able Innovators under WALGA disposal tender RFT 041_14 (Plant 3) for $23,000.00; and

2.  Reject all tenders received for RFQ 29-15.

CARRIED

F9 - A0

17.8   Proposed Lease - Lot 47 Shark Lake Road Monjingup - Shark Lake Industrial Park

Moved:           Cr Padgurskis

Seconded:     Cr McIntyre

O0116-027

Officer’s Recommendation

That Council agrees to enter into a lease with D & TL Barker Nominees Pty Ltd trading as WA TreeWorks for Lot 47 (on Deposited Plan 64784) Shark Lake Road, Monjingup subject to;

1.    The term of the lease be 5 years with a 2 year option;

2.    The lease rental to be $50,000.00 p.a. (ex GST) plus outgoings;

3.    The 10.5804 hectare area of land to be leased to be clearly defined as an annexure to the lease document;

4.    McLeods Barristers & Solicitors be instructed to prepare a commercial lease document with the Lessee responsible for the Lease Preparation Fee at cost; and

5.    Authorises the CEO to execute the Lease.

Council Resolution

That Council agrees to enter into a lease with D & TL Barker Nominees Pty Ltd trading as WA TreeWorks for Lot 47 (on Deposited Plan 64784) Shark Lake Road, Monjingup subject to;

1.     The term of the lease be 5 years and 2 months with a 2 year option;

2.     The lease rental to be $50,000.00 p.a. (ex GST) plus outgoings, with a 2 month rent free period at the commencement of the agreement;

3.     Either

(i)    a bank guarantee be provided, or bond be paid, by the Lessee equivalent to 3 months rent prior to execution of the lease, or

(ii)   evidence provided within 90 days of execution of the lease, of an expenditure on infrastructure associated with Lot 47 Shark Lake Rd, acceptable to the CEO, which is equivalent to a minimum value of at lease 3 months rent;

4.     The 10.5804 hectare area of land to be leased to be clearly defined as an annexure to the lease document;

5.     McLeods Barristers & Solicitors be instructed to prepare a commercial lease document with the Lessee responsible for the Lease Preparation Fee at cost; and

6.     Authorises the CEO to execute the Lease.

CARRIED

F8 – A1

(Against Cr Stewart)

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Griffiths

O0116-028

That the meeting come from behind closed doors.

CARRIED

F9 - A0