Minutes of Ordinary Council

Ordinary Council: Minutes

25 October 2016 Page 5

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
25 October 2016.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4:00pm

The President welcomed Councillors, staff, guests and members of the public to the meeting.

2. ATTENDANCE

Members

Cr V Brown President Rural Ward

Cr N Bowman Deputy President Rural Ward

Cr P Griffiths Town Ward

Cr K Hall Town Ward

Cr L McIntyre Town Ward

Cr R Padgurskis Town Ward

Cr B Stewart, JP Town Ward

Cr B Parker Rural Ward

Shire Officers

Mr T Sargent Acting Chief Executive Officer

Mr M Walker Director Asset Management

Mr R Hindley Manager Strategic Planning & Land Projects

Miss S Fitzgerald Administration Officer

Mr S McKenzie Manager Commercial Enterprises

Members of the Public & Press

Mrs C Turley Observer

Ms T Ibrahim Observer

Mrs H D’Emden Observer

Mr D Hatter Observer

Mrs S Staaden Observer

Mr T Bright Observer

Miss M Snow The Esperance Express

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr J Parsons Town Ward Apology

Mr W M (Matthew) Scott Chief Executive Officer Apology

Mr S Burge Director Corporate Resources Apology

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Bowman

Seconded: Cr McIntyre

O1016-001

That Council grant the following application for leave of absence;

Cr Basil Parker 20 November until 7 December 2016

20 December until 30 December 2016

CARRIED

F8 - A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

Nil

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Hall declared an impartiality interest in item 17.1 as his wife is employed by the Shire of Esperance.

Cr Bowman declared an impartiality interest in item 12.3.2 as she is a member of the Grass Patch Community Development Association.

7. PUBLIC QUESTION TIME

Mrs H D’Emden asked a question relating to the recent internal restructure of the External Services Directorate

Mrs D’Emden asked whether the current manager positions of Library & Local History, Volunteer Resource Centre and Community Emergency Services be made redundant as the Manager Esperance Homecare position was. Where will the replacement position, Manager Community Support be funded from. Does this restructure mean the manager positions at the Library & Local History, Volunteer Resource Centre and Community Emergency Services will earn less money to fund the new position?

Mr Sargent, the Acting Chief Executive Officer, took these questions on notice.

Miss Fitzgerald left the Chamber at 4:04pm and returned at 4:04pm.

Furthermore Mrs D’Emden asked if Councillors would vote on the restructure.

Cr Brown explained that the restructure was initiated by a Council request to the Chief Executive Officer (CEO) that he look for efficiencies within the organisation. After that the Council were kept informed but do not make any decisions. Staffing matters are operational in nature and are the CEO’s responsibility not Council’s.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr Griffiths

Seconded: Cr Hall

O1016-002

That the Minutes of the Ordinary Council Meeting of the 27 September 2016, and the Special Council Meeting of the 30 September 2016 be confirmed as true and correct records.

CARRIED

F8 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Stewart

11 Oct Attended Community Forum regarding Parking Strategy - Business

12 Oct Attended Community Forum regarding Parking Strategy - Community

19 Oct Attended Scaddan Restoration Reference Group meeting

Cr Parker

4 Oct Met with Brendon Grylls MLC

19 Oct Attended Scaddan Restoration Reference Group Meeting

Cr Padgruskis

28 Sept Attended Esperance Museum Management Committee Meeting

14/15 Oct Attended the Shire Stand at the Esperance and Districts Agricultural Show

Cr Bowman

30 Sept Attended Southern Pacific Fibre function acknowledging supporters of project

3 Oct Attended National Party meet and greet

4 Oct Met with Brendan Grylls

11 Oct Attended Community Forum regarding Parking Strategy - Business

12 Oct Attended Community Forum regarding Parking Strategy - Community

14/15 Oct Attended the Shire Stand at the Esperance and Districts Agricultural Show

17 Oct Chaired Community Support Recovery Committee meeting

19 Oct Chaired Scaddan Restoration Reference Group meeting

19 Oct Attended the Grass Patch Bushfire Brigade meeting

Cr McIntyre

28 Sept Attended a Lake Monjingup Community Development Group Meeting

4 Oct Met with Brendon Grylls

11 Oct Attended Community Forum regarding Parking Strategy - Business

12 Oct Attended Community Forum regarding Parking Strategy - Community

13 Oct Attended the soft opening of the Esperance Skate Park

14/15 Oct Attended the Shire Stand at the Esperance and Districts Agricultural Show

19 Oct Attended a onsite workshop at Lake Monjingup

20 Oct Attended the South Coast Management Group General meeting in Albany

20/21 Oct Attended the Coastal Managers Forum in Albany

Cr Hall

30 Aug Attended Southern Pacific Fibre Cocktail Evening

6 Oct Attended Business after hours at Esperance Toyota.

11 Oct Attended Community Forum regarding Parking Strategy - Business

12 Oct Attended Parking Strategy- Business Community

13 Oct Attended the soft opening of the Esperance Skate Park

14/15 Oct Attended the Shire Stand at the Esperance and Districts Agricultural Show

Cr Brown

28 Sept Attended GEDC Board Meeting in Esperance

28 Sept Hosted Shire of Jerramungup Councillors and staff

1 Oct Hosted RFDS Gardening Forum with Sabrina Hahn

3 Oct Met with Rick Wilson MP

4 Oct Met with Hon Brendon Grylls MLA

7 Oct Met with Goldfields Esperance Regional Services and the Department of Transport

11 Oct Attended GVROC Strategic Planning Workshop in Kalgoorlie

11 Oct Attended Community Forum regarding Parking Strategy - Business

14 Oct Met with Heritage Council regarding the Esperance Tanker Jetty

15 Oct Attended the Shire Stand at the Esperance and Districts Agricultural Show

15 Oct Met with Minister for Agriculture Hon Mark Lewis MLC

17Oct Attended a Twin Towns Committee meeting

20 Oct Attended GEDC Board Meeting in Norseman

21 Oct Met with Hon Terry Redman MLA regarding the Esperance Tanker jetty

22 Oct Took part in Shire Garage Sale Trail at Cannery Arts Centre

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

Motion

Moved: Cr McIntyre

Seconded: Cr Griffiths

O1016-003

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

12.1.1 Development Application - Request to vary Car Parking Requirements - Lot 700 (18) Effie Turner Drive, Chadwick

12.3.1 Proposed Pop-Up Shop - Old Sergeant's Quarter's Museum Village

12.3.2 Rate Exemption Application for Grass Patch Community Development Association

12.3.3 Financial Services Report - September 2016

12.4.1 Common Seal Useage September 2015 to September 2016

12.4.2 Information Bulletin - September 2016

13.1 Minutes of Committees

17.2 0025-16 - Supply, Delivery and Licensing of Four New 2016/2017 Multi-Wheel Towed Rollers

CARRIED

F8 - A0

En bloc

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-004

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

12.1.1 Development Application - Request to vary Car Parking Requirements - Lot 700 (18) Effie Turner Drive, Chadwick

12.3.1 Proposed Pop-Up Shop - Old Sergeant's Quarter's Museum Village

12.3.2 Rate Exemption Application for Grass Patch Community Development Association

12.3.3 Financial Services Report - September 2016

12.4.1 Common Seal Useage September 2015 to September 2016

12.4.2 Information Bulletin - September 2016

13.1 Minutes of Committees

17.2 0025-16 - Supply, Delivery and Licensing of Four New 2016/2017 Multi-Wheel Towed Rollers

CARRIED

F8 - A0

12.1.1 Development Application - Request to vary Car Parking Requirements - Lot 700 (18) Effie Turner Drive, Chadwick

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-005

Council Resolution

That Council approve Development Application 10.2016.3182.2 for a reduction in the required Car Parking at Lot 700 (18) Effie Turner Drive, Chadwick, subject to the following condition:

1. This approval is to be read in conjunction with the specific conditions of, and does not supersede, planning consent 10.2016.3182.1 dated 4 June 2015 with Condition 3 to be replaced by the following:

· A minimum of two (2) car parking bays and any applicable accessible bays are to be provided on-site in accordance with the requirements of Australian Standard A52890.1:2004 Parking Facilities - Off-street Car Parking, Australian Standard 2890.6 and the Building Code of Australia.

CARRIED

F8 - A0

12.3.1 Proposed Pop-Up Shop - Old Sergeant's Quarter's Museum Village

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-006

Council Resolution

That Council agrees to enter into a short-term licence agreement with Anita Jones for a pop-up shop in the Old Sergeant’s Quarters in Museum Village subject to the following conditions;

1. The rent to be $330.00 per week excluding GST;

2. The term of the agreement to be no longer than 6 weeks commencing 9 December 2016;

3. Will be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property; and

4. Authorises the CEO to execute the lease in accordance with Section 9.49A of the Local Government Act 1995 for Execution of Documents.

CARRIED

F8 - A0

12.3.2 Rate Exemption Application for Grass Patch Community Development Association

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-007

Council Resolution

That Council grant a rates exemption under Section 6.26(2)(g) of the Local Government Act 1995 to the Grass Patch Community Development Association to Lot 5-6 Coolgardie-Esperance Highway, Grass Patch (Assessment 47696) whilst the property continues to be used exclusively for charitable purpose.

CARRIED

F8 - A0

12.3.3 Financial Services Report - September 2016

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-008

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of September 2016 as attached be received.

CARRIED

F8 - A0

12.4.1 Common Seal Useage September 2015 to September 2016

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-009

Council Resolution

That Council receive the report titled The Shire of Esperance Common Seal Usage.

CARRIED

F8 - A0

12.4.2 Information Bulletin - September 2016

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-010

Council Resolution

That Council accepts the Information Bulletin and the Interplan report for September 2016 and;

1. Rates collection Report – 2016/2017

2. Interplan Report - September 2016

CARRIED

F8 - A0

13.1 Minutes of Committees

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-011

Council Resolution

That Council receive the following committee minutes:

1. Museum Management Committee – 28 September 2016

2. Lake Monjingup Community Development Group – 28 September 2016

CARRIED

F8 - A0

17.2 0025-16 - Supply, Delivery and Licensing of Four New 2016/2017 Multi-Wheel Towed Rollers

Moved: Cr McIntyre

Seconded: Cr Bowman

O1016-012

Council Resolution

That Council award tender 0025-16 to Broons Hire Pty Ltd for the supply, delivery and licensing of four new Broons BH-1830 rollers as specified for a cost of $415,800.00(excluding GST).

CARRIED

F8 - A0

12.1 External Services

Item 12.1.1 was moved forward in the meeting.

12.2 Asset Management

12.2.1 Lotterywest Funding - Esperance Fires Recovery

Moved: Cr Griffiths

Seconded: Cr Bowman

O1016-013

Council Resolution

That Council approve the budget variation for Esperance Fires Recovery Project(s) as per the table below;

Description		Budget Figure	Amended Figure	Variation
Lotterywest Grant	01-3700-115-155	$ 0	($ 60,000)	($ 60,000)
Anniversary Events Acknowledgement	W2851	$ 0	$ 25,000	$ 25,000
Recover Rejuvenate Restore	W2853	$ 0	$ 25,000	$ 25,000
Emergency Services Fun Day	W2852	$ 0	$ 10,000	$ 10,000
Net result				$ 0

CARRIED

F8 - A0

12.3 Corporate Resources

Items 12.3.1 – 12.3.3 were moved forward in the meeting.

12.4 Executive Services

Items 12.4.1 – 12.4.2 were moved forward in the meeting.

13. Reports Of Committees

Item 13.1 was moved forward in the meeting.

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

16. Urgent Business Approved by Decision

Motion

Moved: Cr McIntyre

Seconded: Cr Parker

O1016-014

That Council accept late items 16.1, 16.2 and 17.4.

CARRIED

F8 - A0

Cr Brown declared a financial interest in item 16.1 and left the Chambers at 4:19pm. Cr Bowman took the Chair.

16.1 Receiving of Donated Presidential Chain and Adoption of Policy

Moved: Cr Padgurskis

Seconded: Cr Stewart

Council Motion

That Council;

1. Does not accept the donation of a Presidential Chain to become an asset of the Shire of Esperance.

2. Instructs the Chief Executive Officer to purchase a Presidential Chain to become an asset of the Shire of Esperance.

3. Adopts the policy titled “Use and Storage of Presidential Chain”.

LOST

F2 - A5

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

Moved: Cr Hall

Seconded: Cr Griffiths

O1016-015

Council Resolution

That Council;

1. Accepts the donation of a Presidential Chain to become an asset of the Shire of Esperance.

2. Adopts the policy titled “Use and Storage of Presidential Chain”.

CARRIED

F5 – A2

(Against Cr Padgurskis & Cr Stewart)

Cr Brown entered the Chambers at 4:25pm. Cr Bowman read aloud the above resolution. Cr Brown resumed the Chair.

16.2 Scaddan Country Club Extension Project

Moved: Cr Bowman

Seconded: Cr Stewart

O1016-016

Council Resolution

That Council

1. Allocate the available funding to an addition to the existing Scaddan Country Club including tennis courts and shed;

2. Finalise concept designs as per option four presented by Cartman Designs;

3. Engage a consultant to prepare final design drawings for construction; and

4. Seek further funding for the entire project.

CARRIED

F8 - A0

Cr Griffiths left the Chamber at 4:33pm.

Mrs Turley, Ms Ibrahim, Mrs D’Emden, Mr Hatter, Mrs Staaden, Mr Bright and Miss Snow left the Chamber at 4:34pm and did not return.

Cr Griffiths entered the Chamber at 4:35pm.

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr McIntyre

Seconded: Cr Parker

O1016-017

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 Shire of Esperance Enterprise Agreement 2016

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)).

17.3 Acquisition of New Waste Management Site

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)); and a matter that if disclosed, would reveal information that has a commercial value to a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(ii)).

17.4 0027-16 Wylie Bay Landfill Phase One Capping Works

CARRIED

F8 - A0

17.1 Shire of Esperance Enterprise Agreement 2016

Moved: Cr Padgurskis

Seconded: Cr McIntyre

O1016-018

Officer’s Recommendation

That Council note the proposed Shire of Esperance Enterprise Agreement 2016.

Council Resolution

That Council receive the proposed Shire of Esperance Enterprise Agreement 2016.

CARRIED

F8 - A0

Reason: Council believed receive was the appropriate term in this case.

Suspension of Standing Orders

Moved: Cr Bowman

Seconded: Cr McIntyre

O1016-019

That Standing Orders be suspended to allow for discussion on item 17.3.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved: Cr Bowman

Seconded: Cr McIntyre

O1016-020

That Standing Orders be resumed.

CARRIED

F8 - A0

17.3 Acquisition of New Waste Management Site

Moved: Cr Bowman

Seconded: Cr Brown

O1016-021

Officer’s Recommendation

That Council authorise the CEO to finalise a Contract of Sale for Site 19 as per 1c, 2f and 3b of Attachment C based on the Draft Contract for Sale (Attachment A).

Council Resolution

That Council authorise the CEO to finalise a Contract of Sale for Site 19 as per 1c, 2f and amended 3b of Attachment C based on the Draft Contract for Sale (Attachment A).

CARRIED

F6 – A2

(Against Cr Padgurskis & Cr Stewart)

Reason: Council wanted to acknowledge amendments made to the attachments.

17.4 0027-16 Wylie Bay Landfill Phase One Capping Works

Moved: Cr Bowman

Seconded: Cr Parker

O1016-022

Council Resolution

That Council

1. Reject all tenders received for Tender 0027-16 Wylie Bay Landfill Phase One Capping Works;

2. Request that the Chief Executive Officer negotiate with the tenderer; and