Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0617-118

That Council approve the flowing application for leave of absence;

Cr John Parsons 13 August 2017 to 23 August 2017      

CARRIED

F8- A0

Moved:           Cr Parker

Seconded:     Cr Bowman

O0617-119

That the Minutes of the Ordinary Council Meeting of the 23 May 2017 be confirmed as a true and correct record.

CARRIED

F8- A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-120

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

12.1.3         Unallocated Crown Land - Parmango Road, Buraminya - Indemnification of State

12.3.1         Expressions of Interest - Old Doctor's Surgery Museum Village

12.3.3         Reassignment of Hangar 5 - South East Air Ag to Andrew Burns

12.3.5         Proposed Lease - Communication Ground Station - Esperance Airport

12.4.2         Information Bulletin June 2017

17.2            Outstanding Rates – Legal Action on Assessment 19448

CARRIED

F8 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-121

That Council adopt the officers recommendations for the following Items;

12.1.3              Unallocated Crown Land - Parmango Road, Buraminya - Indemnification                           of State

12.3.1              Expressions of Interest - Old Doctor's Surgery Museum Village

12.3.3              Reassignment of Hangar 5 - South East Air Ag to Andrew Burns

12.3.5              Proposed Lease - Communication Ground Station - Esperance Airport

12.4.2              Information Bulletin June 2017

17.2                 Outstanding Rates – Legal Action on Assessment 19448

CARRIED

F8 - A0

12.1.3         Unallocated Crown Land - Parmango Road, Buraminya - Indemnification of State

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-122

That Council agrees that it will indemnify and keep indemnified the State of Western Australia, the Department of Lands and the Minister for Lands (Indemnified Parties) and hold them harmless from and against all liabilities, obligations, costs, expenses or disbursements of any kind including, without limitation, compensation payable to any party as a result of the compulsory acquisition of any interests (whether native title or non-native title) in the unallocated Crown land adjacent to the south-eastern side of Parmango Road, Buraminya (Land) under the Land Administration Act 1997 or the Native Title Act 1993 (Cth) which may be imposed on, or incurred by the Indemnified Parties relating to or arising directly or indirectly from the acquisition of the Land.

CARRIED

F8 - A0

12.3.1         Expressions of Interest - Old Doctor's Surgery Museum Village

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-123

That Council, subject to Minister for Lands’ approval, agrees to;

1.  Lease the property known as the Old Doctor’s Surgery, Museum Village, to Sara Bonnet for a term of 5 years;

2.  The lease rental being $3,727.36 ex GST per annum;

3.  The lease area being a portion of Lot 59 Dempster Street Esperance, described and defined as the Old Doctor’s Surgery in the lease and displayed clearly in an attachment to the lease document;

4.  All lease terms and conditions being as per Council Standard Commercial Lease;

5.  The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property; and

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

CARRIED

F8 - A0

12.3.3         Reassignment of Hangar 5 - South East Air Ag to Andrew Burns

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-124

That Council agrees to;

1.   Surrender the lease with South East Air Ag over Hangars 2 & 5 at the Esperance Airport, 35058 South Coast Highway Gibson;

2.   Amend the lease with South East Air Ag over Hangar 3 to include Hangar 2 at the Esperance Airport, 35058 South Coast Highway Gibson;

3.   Charge a Lease Amendment Fee of $200 ex GST, payable by South East Air Ag;

4.   Enter into a new lease with Andrew Burns over Hangar 5 at the Esperance Airport, 35058 South Coast Highway Gibson, for a term of 5 years with a 3 year option;

5.   All lease terms and conditions being as per Council Standard Commercial Lease;

6.   The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property; and

7.   Authorise 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

12.3.5         Proposed Lease - Communication Ground Station - Esperance Airport

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-125

That Council agrees to enter into a lease with ARINC Rockwell Collins for a 0.54m² portion of Esperance Airport Terminal subject to:

1.   The term of the lease be 10 years with a 10 year option;

2.   The lease rental be $3,500.00 p.a. (ex GST) and that Council consider the valuation received in November 2015 to be a true indication of the current per square metre market rental;

3.   The disposition be advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property seeking submissions and should any adverse submissions be received, the matter be returned to Council for consideration;

4.   The lease area to be clearly defined as an annexure to the lease document;

5.   McLeod’s 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 - A0

12.4.2         Information Bulletin June 2017

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-126

That Council accepts the Information Bulletin for June 2017, including;

1.    Interplan Report - May 2017

2.    Minutes – GVROC CEO Meeting – 26 May 2017

3.    Financial Services Report – May 2017

CARRIED

F8 - A0

17.4   Consideration of Submissions from RFT 0067-17 - Sale of land Flinders Estate

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-127

That Council

1.   Accept the offer of $190,000 for Lot 246 Asken Turn from Shonn Christopher Atterton Cruttendon and Adrienne Cruttendon.

2.   Reject the offer of $150,000 for Lot 251 Asken Turn from Petris Cornelis Dippenaar.

3.   List Lot 251 Asken Turn for sale at a price of $210,000 and delegate authority to the CEO to negotiate and accept an offer at or above the Minimum Acceptable Sale Price set at the Ordinary Council meeting of 28 March 2017.

CARRIED

F8 - A0

Officer’s Recommendation

That Council includes into the 2017/2018 Annual Budget the following funds, to be distributed

in accordance with the criteria and guidelines of the Community Grants Program:

1. Support category budget of $20,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

2.   Assistance category budget of $23,036.32, allocated to the following organisations:

·   Esperance Bay Radio Control Car Club – Portaloos Project – $2,390.00

·   Esperance Brass Band – Operational Costs – $5,000.00

·   Esperance Care Services – Movie Nights – $2,146.32

·   Esperance Volunteer Fire and Rescue – Training Gear – $5,000.00

·   SAFE Esperance – Free Desexing – $5,000.00

·   ESCARE Inc. – Civic Centre Costs - $3,500.00

3.   Development category budget of $97,005, allocated to the following organisations:

·   Cannery Arts Centre –  Program Costs – $7,000.00

·   Esperance Bowling Club – Replace Greens – $10,000.00

·   Esperance Care Services – Rag Cutter, Waste Costs – $15,000.00

·   Esperance Pistol Club – Retaining and Baffle Board – $5,005.00

·   Newtown Condingup Football Club – Upgrade Facilities – $50,000.00

·   Ports Football Club – Upgrade Kitchen Facilities – $10,000.00

4.   Events category budget of $10,500, allocated to the following organisations:

·   Condingup Primary School P&C – Condy Fair Free Entry – $2,000.00

·   Grass Patch Community Development Assoc – Equipment Hire – $2,000.00

·   Kids Fun Day Out – Event Costs - $5,000.00

·   Rotary Club of Esperance Bay Inc. – Marketing and Promotional Plan – $1,500.00

Moved:           Cr Padgurskis

Seconded:     Cr McIntyre

O0617-128

That Council includes into the 2017/2018 Annual Budget the following funds, to be distributed in accordance with the criteria and guidelines of the Community Grants Program:

1. Support category budget of $20,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

2.   Assistance category budget of $23,036.32, allocated to the following organisations:

Esperance Bay Radio Control Car Club – Portaloos Project – $2,390.00

·         Esperance Brass Band – Operational Costs – $5,000.00

·         Esperance Care Services – Movie Nights – $2,146.32

·         Esperance Volunteer Fire and Rescue – Training Gear – $5,000.00

·         SAFE Esperance –  De-sexing – $5,000.00 -  Council funds to contribute to no more than 50% of the cost of any de-sexing procedure

·         ESCARE Inc. – Civic Centre Costs - $3,500.00

·         South Coast Tennis Club – Purchase of  Chairs - $200.00

3.   Development category budget of $97,005, allocated to the following organisations:

·         Cannery Arts Centre –  Program Costs – $7,000.00

·         Esperance Bowling Club – Replace Greens – $10,000.00

·         Esperance Care Services – Rag Cutter, Waste Costs – $15,000.00

·         Esperance Pistol Club – Retaining and Baffle Board – $5,005.00

·         Newtown Condingup Football Club – Upgrade Facilities – $50,000.00

·         Ports Football Club – Upgrade Kitchen Facilities – $10,000.00

4.   Events category budget of $10,500, allocated to the following organisations:

·         Condingup Primary School P&C – Condy Fair Free Entry – $2,000.00

·         Grass Patch Community Development Assoc. – Equipment Hire – $2,000.00

·         Kids Fun Day Out – Event Costs - $5,000.00

·         Rotary Club of Esperance Bay Inc. – Marketing and Promotional Plan – $1,500.00

          CARRIED

F8 - A0

Reason:  Council decided to allocate funds toward the purchase of chairs by South Coast Tennis Club.

12.1.2         Terms of Reference - New Landfill Community Reference Group

Officer’s Recommendation

That Council

1.  Adopt the “New Landfill Terms of Reference” and create the “New Landfill Community Reference Group” as an Advisory Committee of Council; and

2.  Instruct the Chief Executive Officer to advertise the community representative positions of the New Landfill Community Reference Group, and prepare a report to Council.

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0617-129

That Council

1.  Adopt the “New Landfill Terms of Reference” as amended and create the “New Landfill Community Reference Group” as an Advisory Committee of Council; and

2.  Instruct the Chief Executive Officer to advertise the community representative positions of the New Landfill Community Reference Group, and prepare a report to Council.

CARRIED

F8 - A0

Reason: Council wanted to modify the membership to allow LEAF to have a representative on the New Landfill Community Reference Group committee.

12.1.4         Youth Advisory Council

Officer’s Recommendation

That Council

1.   Establish a Youth Advisory Council under the attached Terms of Reference

2.   Seek expressions of interest from community members aged between 12 and 25 to serve on the committee.

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0617-130

That Council

1.   Establish the Youth Advisory Council under the amended Terms of Reference.

2.   Seek expressions of interest from community members aged between 12 and 25  to serve on the committee.

CARRIED

F8 - A0

12.3.2         Expression of Interest to Lease Tanker Jetty Mobile Food Van Site 3

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0617-131

That Council agrees to enter into a Licence Agreement with Ron (Doc) Reynolds trading as Lucky Bay Café subject to the following;

1.   Section 18 approval being granted by the Minister for Lands;

2.   The licence being for Saturday and Sunday trading only in any week and the term being for less than 6 months;

3.   The rent be $38.50 per day (inc GST) plus electricity;

4.   The license area be portion of Lot 991 on DP 220456 Reserve 27318 identified as Tanker Jetty Mobile Food Van Site No 3 and clearly displayed as an attachment to the Deed of Licence;

5.   The agreement include a 30 day termination clause;

6.   The tenant being aware that the site is still being advertised for a long term tenant; and

7.   Authorises the CEO to execute the agreement in accordance with S. 9.49A of the Local Government Act 1995.

CARRIED

F6 – A2

(Against Cr Parker, Cr Parsons)

12.3.4         Schedule of Fees and Charges 2017/18

Officer’s Recommendation

That Council endorse the attached Schedule of Fees and Charges to be included within the 2017/18 budget.

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-132

That Council endorse the attached Schedule of Fees and Charges to be included within the 2017/18 budget.  With the following amendment; residential units of more than 15 sharing a bulk bin a fee of $150.00 per annum per unit be applied.

CARRIED

F7 - A1

(Against Cr Padgurskis)

12.4.1         2017 Delegation Register Review

Moved:           Cr Padgurskis

Seconded:     Cr Stewart

O0617-133

That Council review and endorse the Delegated Authority Register to the Chief Executive Officer 2017/2018.

CARRIED

F8 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Stewart

O0617-134

That Council accept the late item 16.1.

CARRIED

F8- A0

16.1   Differential Rates Submissions

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0617-135

That Council;

1.       Acknowledge the submission received in regards to the proposed “Rate in the Dollar” for the 2017/2018 financial year..

2.       Advise that the Council has reviewed the expenditure requirements and considered efficiency measures during budget deliberations (Long Term Financial Plan Review) and consider that the rates as advertised are required to meet the budget deficiency.

3.       Request the CEO to seek Ministerial approval to raise rates under Section 6.33 of the Local Government Act 1995 as per the “Rate in the Dollar” that was advertised.

CARRIED

F8- A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0617-136

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   0066-17 Esperance Waste Management Consultancy

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   Outstanding Rates - Legal Action on Assessment 19448.

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).

17.3   Debt Write-off

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)).

17.4   Consideration of Submissions from RFT 0067-17 - Sale of land Flinders Estate

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to the personal affairs of any person (Section 5.23(2)(b)); 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

F8 - A0

Suspension of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr Hall

O0617-137

That Standing Orders be suspended to allow discussion of Item 17.1.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved:           Cr Hall

Seconded:     Cr Bowman

O0617-138

That Standing Orders be resumed.

CARRIED

F8 - A0

17.1   0066-17 Esperance Waste Management Consultancy

Officer’s Recommendation

That Council awards the Esperance Waste Management Consultancy (Request for Quote 0066-17) to Talis Consultants as follows;

1.          Lump Sum of $91,545 (GST exc.) for the Design Documentation Works

2.          Daily rate for the Construction Quality Assurance for the Kirwan Road      project        and Wylie Bay Capping, and

3.         Hourly rates as detailed within the submission for RFQ 0066-17 for the   Approval        and Other Works. 

O0617-139

Moved:       Cr Padgurskis

Seconded: Cr Parsons

Cr Padgurskis put;

That Council awards the Esperance Waste Management Consultancy request for quote 0066/17 as follows;

1.   Wylie Bay design to Talis Consultants for fixed lump sum of $40,140.00
2.   Wylie Bay approvals to Talis consultants for the estimated cost of $25,000.00 subject to changes all in accordance with RFQ 0066/17
3.   Wylie Bay construction quality assurance to GHD for the estimated cost of $32,824.00 subject to changes all in accordance with RFQ 0066/17
4.   Kirwan Road all environmental approvals to GHD for the estimated cost of $53,492.00 subject to changes all in accordance with RFQ 0066/17

LOST

F 4- A4

Cr Brown used her casting vote against this motion.

(Against Cr Hall, Cr Brown, Cr Bowman, Cr McIntyre)

Reason: Council wanted to ensure that all applications relating to Kirwan Road waste Facility will be referred to the EPA.

Moved:           Cr Bowman

Seconded:     Cr Hall

That Council:

1.    Awards the Esperance Waste Management Consultancy (Request for Quote 0066-17) to Talis Consultants as follows (as per the WALGA panel);

       a.   Lump Sum of $91,545 (GST exc.) for the Design Documentation Works

       b.   Daily rate for the Construction Quality Assurance for the Kirwan Road project and Wylie Bay Capping, and

       c.   Hourly rates as detailed within the submission for RFQ 0066-17 for the Approval   and Other Works. 

2.  Ensure that all Shire DER works approval and license applications for the            proposed  Kirwan Road Waste Facility be referred to the EPA.

CARRIED

F4 – A4

Cr Brown exercised her right of a casting vote

(Against Cr Padgurskis, Cr Stewart, Cr Parsons, Cr Parker)

17.2   Outstanding Rates - Legal Action on Assessment 19448.

Moved:           Cr McIntyre

Seconded:     Cr Hall

O0617-140

That Council;

1.       Note the Legal action that has been undertaken by the Shire of Esperance under Section 6.56 of the Local Government Act (1995) on Assessment 19448 to recover outstanding rates, interest and legal expenses.

2.       Request the CEO write to the owner of Assessment 19448 advising that unless payment is received within 14 days the Shire of Esperance may exercise its power of sale under Civil Judgment Enforcement Act (2004) Property Seizure and Sale Order.

3.       Grant delegation to the CEO to authorise to proceed with Property Seizure and Sale Order on the land if there is no response from the owner within 14 days.

CARRIED

F8- A0

17.3   Debt Write-off

Moved:           Cr Parsons

Seconded:     Cr Stewart

O0617-141

That Council

1.   Write off outstanding debt of $2770 (GST inclusive) for cemetery charges for Debtor # 5049;  and

2.   In future request payment in full before a Grant of Right of Burial is issued to anyone other than the local funeral service provider.

3.                     

CARRIED

F8 - A0

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0617-142

That the meeting come from behind closed doors.

CARRIED

F8 - A0