Motion

Moved:           Cr Piercey

Seconded:     Cr McMullen

O0318-063

That Council approve the following applications for leave of absence:

Cr Parsons     9 May until 16 June 2018

Cr Parker        10 April until 16 April 2018

Cr McIntyre    19 May until 4 June 2018

CARRIED

F9 - A0

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0318-064

Officer’s Recommendation

That the Minutes of the Ordinary Council Meeting of the 27 February 2018 be confirmed as a true and correct record.

CARRIED

F9 - A0

motion

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-065

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

12.1.1       Proposed Road Dedication - Portion of Reserve 27318 (Lot 990 on Plan 220259)

12.1.2       Local Planning Policy: Development for which Development Approval Not Required Policy

12.1.3       Community Emergency Services Coordinator - MOU Renewal

12.2.1       Esperance Library Building Future

12.2.2       Draft Dempster Head Management Plan

12.3.1       Reassignment of Lease - Old Court House Museum Village - Robyne & Ronald Reynolds to Pauline Bonney

12.3.2       Policy Review - Corporate Resources and Executive Services

12.3.4       Lease - Tanker Jetty Site 3 Proposal Andrew Aston

12.3.7       Compliance Audit Return 2017

12.3.8       Financial Services Report - March 2018

12.4.5       Common Seal Usage November 2017 to February 2018

12.4.6       Information Bulletin - March 2018

12.4.7       MOU Between State of WA and the Shire of Esperance for the Protection of Victoria Cross Graves

13.1          Minutes of Committees

CARRIED

F9 - A0

en bloc

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-066

That Council adopt the officers recommendations for the following items:

12.1.1       Proposed Road Dedication - Portion of Reserve 27318 (Lot 990 on Plan 220259)

12.1.2       Local Planning Policy: Development for which Development Approval Not Required Policy

12.1.3       Community Emergency Services Coordinator - MOU Renewal

12.2.1       Esperance Library Building Future

12.2.2       Draft Dempster Head Management Plan

12.3.1       Reassignment of Lease - Old Court House Museum Village - Robyne & Ronald Reynolds to Pauline Bonney

12.3.2       Policy Review - Corporate Resources and Executive Services

12.3.4       Lease - Tanker Jetty Site 3 Proposal Andrew Aston

12.3.7       Compliance Audit Return 2017

12.3.8       Financial Services Report - March 2018

12.4.5       Common Seal Usage November 2017 to February 2018

12.4.6       Information Bulletin - March 2018

12.4.7       MOU Between State of WA and the Shire of Esperance for the Protection of Victoria Cross Graves

13.1          Minutes of Committees

CARRIED

F9 - A0

12.1.1         Proposed Road Dedication - Portion of Reserve 27318 (Lot 990 on Plan 220259)

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-067

Council Resolution

That Council:

1.  Request the Minister of Lands to dedicate a portion of Reserve 27318 (known as Lot 990 on Plan 220259) as road reserve under Section 56 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.

CARRIED

F9 - A0

12.1.2         Local Planning Policy: Development for which Development Approval Not Required Policy

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-068

Council Resolution

That Council in accordance with Clause 4(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) prepare and advertise Local Planning Policy: Development for which Development Approval Not Required.

CARRIED

F9 - A0

12.1.3         Community Emergency Services Coordinator - MOU Renewal

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-069

Council Resolution

That Council authorise a new Memorandum of Understanding between the Shire of Esperance and Department of Fire and Emergency Services for a joint funded Community Emergency Services Coordinator position within the Shire of Esperance

CARRIED

F9 - A0

12.2.1         Esperance Library Building Future

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-070

Council Resolution

That Council:

1.   Only consider undertaking essential building maintenance for the library building from now on;

2.   Plan for the library to be part of the Community and Cultural complex in the long term; and

3.   Request the CEO to continue monitoring the building for its structural condition.

CARRIED

F9 - A0

12.2.2         Draft Dempster Head Management Plan

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-071

Council Resolution

That Council

1.   Receive the draft Dempster Head Management Plan 2018;

2.   Request the CEO to advertise the draft Dempster Head Management Plan, for a period of 21 days, for public comment; and

3.   Formally invite the key stakeholders to provide comment on the draft Dempster Head Management Plan 2018 during the consultation period.

CARRIED

F9 - A0

12.3.1         Reassignment of Lease - Old Court House Museum Village - Robyne & Ronald Reynolds to Pauline Bonney

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-072

Council Resolution

That Council, subject to Department of Lands approval, agrees;

1.   To reassign the lease under the existing terms and conditions for the Old Court House from Robyne and Ronald Reynolds to Pauline Bonney; and

2.   That a Lease Amendment Fee of $200.00 to apply to this transaction.

CARRIED

F9 - A0

12.3.2         Policy Review - Corporate Resources and Executive Services

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-073

Council Resolution

That Council endorse the Corporate Resources and Executive Services Policies inclusive of amendments, inclusions and deletions as reviewed.

CARRIED

F9 - A0

12.3.4         Lease - Tanker Jetty Site 3 Proposal Andrew Aston

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-074

Council Resolution

That Council, subject to Department of Lands approval, agrees to;

1.   Lease Tanker Jetty Site 3, portion of Lot 991 Reserve 27318 The Esplanade, to Andrew Aston;

2.   The term of the lease being 5 years;

3.   Lease rental being $4,675.00 Inc GST per annum and that Council consider the valuation obtained in February 2017 to be a true indication of the current market rental rate;

4.   Lease preparation fee of $550 being payable; and

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

CARRIED

F9 - A0

12.3.7         Compliance Audit Return 2017

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-075

Council Resolution

That Council the adopt the 2017 Shire of Esperance Compliance Audit Return pursuant to Regulation 14(3) of the Local Government (Audit) Regulations 1996.

CARRIED

F9 - A0

12.3.8         Financial Services Report - March 2018

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-076

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of March 2018 as attached be received.

CARRIED

F9 - A0

12.4.5         Common Seal Usage November 2017 to February 2018

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-077

Council Resolution

That Council receive the report titled The Shire of Esperance Common Seal Usage for the period November 2017 to February 2018.

CARRIED

F9 - A0

12.4.6         Information Bulletin - March 2018

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-078

Council Resolution

That Council accepts the Information Bulletin for March 2018 and;

1.       Register - Delegations Discharge - Corporate Resources

2.       GVROC Council Meeting Minutes 23 February 2018

3.       Interplan Report - February 2018

4.       Interplan Quarterly Report - February 2018

CARRIED

F9 - A0

12.4.7         MOU Between State of WA and the Shire of Esperance for the Protection of Victoria Cross Graves

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-079

Council Resolution

That Council agree to sign the attached Memorandum of Understanding with the State of the Western Australia for the Protection of Victoria Cross Graves, specifically the grave of Mr Leslie Tom Starcevich VC, in Esperance.

CARRIED

F9 - A0

13.1   Minutes of Committees

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-080

Council Resolution

That Council receive the following committee minutes:

1.   Lake Monjingup Community Development Group - 7 February 2018

CARRIED

F9 - A0

12.1.4         Terms of Reference - Museum Management Reference Group

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0318-081

Officer’s Recommendation

That Council endorse the draft Terms of Reference for the Museum Management Reference Group.

Council Resolution

That Council endorse the draft Terms of Reference for the Museum Management Reference Group as amended.

CARRIED

F8 – A1

(Against Cr Padgurskis)

12.3.3         Centenarian Waiver of Rates Policy

Moved:           Cr Padgurskis

Seconded:     Cr Piercey

O0318-082

Officer’s Recommendation

That Council endorse the Centenarian Waiver of Rates Policy as attached.

Council Resolution

That Council endorse the Centenarian Waiver of Rates Policy as attached as amended.

CARRIED

F9 - A0

12.3.5         Provision of Online Licensing Services in Shire of Esperance

Moved:           Cr Parker

Seconded:     Cr McMullen

O0318-083

Officer’s Recommendation

That Council delegate authority to the CEO and Shire President to execute the revised agreements with the Department of Transport for the Provision of Licensing Services in the Shire of Esperance for the next two years with a further three year extension options.

Council Resolution

That Council delegate authority to the CEO and Shire President to execute the revised agreements with the Department of Transport for the Provision of Licensing Services in the Shire of Esperance for the next two years with a further three, one year extension options.

CARRIED

F9 - A0

12.3.6         2017/18 Budget Review

Moved:           Cr Parker

Seconded:     Cr Bowman

O0318-084

Committee Recommendation

That Council adopt the 2017/18 Budget Review.

Council Resolution

That Council

1. Donate $10,000 to Blazeaid, Cobden Fire Relief effort.

2. Reduce W2209 – Organisation Service Review revised budget by $10,000 to $0.

3. Adopt the 2017/18 Budget Review.

CARRIED

F9 - A0

12.4.1         Draft Fencing Local Law 2018

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-085

Council Resolution

That Council

1.  Commences the law-making process for the Shire of Esperance Fencing Local Law 2018, the purpose and effect of the local law being as follows:

Purpose:   To outline what is considered a sufficient fence, what materials are appropriate and prohibited and the penalties for non-compliance with the Local Law.

Effect:        That properties located within the Local Government district meet the requirements of a sufficient fence outlined in this Local Law unless otherwise provided for in the Act, Regulations or other written law.

2.  Request the Chief Executive Officer under per s3.12(3) of the Local Government Act 1995:

a.  To undertake all statutory advertising; and

b.  Provide a copy of the proposed local law and public notice to the Minister for Local Government and the Minister for Commerce and Industrial Relations; And

3.  Request the Chief Executive Officer, after the close of the public consultation period, submits a report to the Council on any submissions received on the proposed local law to enable Council to consider the submissions received and to determine whether the local law be made in accordance with s3.12(4) of the Local Government Act 1995.

CARRIED

F9 - A0

12.4.2         Appointment of Community Representatives to Youth Advisory Council

Moved:           Cr McMullen

Seconded:     Cr Bowman

O0318-086

Council Resolution

That Council appoints Miss Esther Bell as a voting member to the Youth Advisory Committee.

CARRIED

F9 - A0

12.4.3         Appointment of Community Representatives to Esperance Twin Towns Committee

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-087

Council Resolution

That Council appoints Miss Serena Shaddick as a Community Representative on the Esperance Twin Towns Committee.

CARRIED

F9 - A0

12.4.4         Terms of Reference - New Landfill Community Reference Group

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0318-088

Council Resolution

That Council adopt the amended Terms of Reference for the New Landfill Community Reference Group.

CARRIED

F9 - A0

Motion

Moved:           Cr Payne

Seconded:     Cr Piercey

That Council

1. The Shire of Esperance shall develop a Tourism Strategy.

2. The Shire of Esperance shall use internal resources and input from the community and other relevant organisations such as Australia's Golden Outback to develop this Tourism Strategy.

LOST

F3 – A6

(Against Cr McIntyre, Cr McMullen, Cr Brown, Cr Bowman, Cr Padgurskis & Cr Parker)

Motion

Moved:           Cr Payne

Seconded:     Cr Padgurskis

That Council

1.    The Shire of Esperance shall develop a rural strategy to complement the existing Town Planning Strategy and Town Planning Scheme.

2.    The Shire of Esperance will seek advice from and collaborate with organisations such as Department of Biodiversity, Conservation and Attractions, Department of Water and Environmental Regulation and Department of Primary Industry and Regional Development whilst developing this Strategy.

LOST

F2 – A7

(Against Cr McIntyre, Cr McMullen, Cr Brown, Cr Bowman,

 Cr Padgurskis, Cr Parsons & Cr Parker)

Motion

Moved:           Cr Payne

Seconded:     Cr Piercey

That Council

1.    The Shire of Esperance shall set up a Design Advisory Committee (DAC) to assist in progressing the design of the renewed Esperance Tanker Jetty.

2.    The DAC shall include representation from Engineering Heritage WA, timber specialists, suitably qualified marine engineers with experience in timber jetty renewal and other relevant specialists.

LOST

F2 – A7

(Against Cr McIntyre, Cr McMullen, Cr Brown, Cr Bowman,

 Cr Padgurskis, Cr Parsons & Cr Parker)

 Motion

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0318-089

That Council accept the following late items:

17.2     0119-18 Esperance Tanker Jetty Replacement Detailed Design Development

17.3     CEO Review

17.4     Extension of Contract Management Services at Esperance Seafront Caravan Park

CARRIED

F9 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0318-090

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   Proposed Direction Notice - 3179 South Coast Highway Dalyup 6450

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)).

17.2   0119-18 Esperance Tanker Jetty Replacement Detailed Design Development

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   CEO Review

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 the personal affairs of any person (Section 5.23(2)(b)).

17.4   Extension of Contract Management Services at Esperance Seafront Caravan 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)); and a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

CARRIED

F9 - A0

17.1   Proposed Direction Notice - 3179 South Coast Highway Dalyup 6450

Moved:           Cr Padgurskis

Seconded:     Cr Piercey

O0318-091

Officer’s Recommendation

That Council

Authorise the Chief Executive Officer to serve a Direction Notice issued under s214(3) of the Planning and Development Act 2005 to T G  & C M Rae of 3179 South Coast Highway Dalyup, Western Australia 6450 requiring the cessation of the unauthorised use effectively immediately.

CARRIED

F9 - A0

Suspension of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0318-092

That Standing Orders be suspended to allow for discussion of item 17.2.

CARRIED

F9 - A0

Resumption of Standing Orders

Moved:           Cr Parsons

Seconded:     Cr McIntyre

O0318-093

That Standing Orders be resumed.

CARRIED

F9 - A0

17.2   0119-18 Esperance Tanker Jetty Replacement Detailed Design Development

Moved:           Cr Parsons

Seconded:     Cr McIntyre

O0318-094

Officer’s Recommendation

That Council:

1.   Awards the Request for Tender 0119-18 Esperance Tanker Jetty Replacement Detailed Design Development to BMT JFA Pty Ltd at a total cost of $427,245.00 ex GST; and

2.   Approves a budget variation as per the table below:

Council Resolution

That Council:

1.   Awards the Request for Tender 0119-18 Esperance Tanker Jetty Replacement Detailed Design Development to H+H Architects at a total cost of $334,800.00 ex GST; and

2.   Approves a budget variation as per the table below:

CARRIED

F7 – A2

(Against Cr Bowman & Cr Brown)

Suspension of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0318-095

That Section Nine (9.5) of Standing Orders be suspended to allow for discussion of item 17.3.

CARRIED

F9 - A0

Resumption of Standing Orders

Moved:           Cr McMullen

Seconded:     Cr Parker

O0318-096

That Section Nine (9.5) of Standing Orders be resumed.

CARRIED

F9 - A0

17.3   CEO Review

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0318-097

Officer’s Recommendation

That Council

1.   Resolve to adopt the report provided by Mr Gary Martin, Local Government Consultant and note that the CEO’s Performance Review for the period resulted in a level of satisfactory performance that exceeded the job requirement.

2.   Approve an increase to the salary component of the remuneration package for the Chief    Executive Officer, as per the current Contract of Employment, from 7 January 2018, the anniversary date of the Contract of Employment.

3.   Develop, in conjunction with the CEO, the key performance indicators and priority   projects that will apply for the next annual review, which will be due to be conducted by March 2019.

4. Review the CEO Performance Review Policy (HR 015) to correct some minor inconsistencies identified during the review process. 

Council Resolution

That Council

1.   Resolve to adopt the report provided by Mr Gary Martin, Local Government Consultant and note that the CEO’s Performance Review for the period resulted in a level of satisfactory performance that exceeded the job requirement.

2.   Approve an increase to the salary component of the remuneration package for the Chief Executive Officer, as per the current Contract of Employment, from 7 January 2018, the anniversary date of the Contract of Employment.

3.   Develop, in conjunction with the CEO, the key performance indicators and priority   areas that       will apply for the next annual review, which will be due to be conducted by March 2019.

4.   Review the CEO Performance Review Policy (HR 015) to correct some minor inconsistencies identified during the review process.

5.   Provide feedback to the community the result of the review.

CARRIED

F9 - A0

17.4   Extension of Contract Management Services at Esperance Seafront Caravan Park

Moved:           Cr Padgurskis

Seconded:     Cr McMullen

O0318-098

Officer’s Recommendation

That Council offer to the current Contract Managers of the Esperance Seafront Caravan Park the option to extend the Initial Expiry Date of the Management Agreement for Esperance Seafront Caravan Park by the First Further Term.

Council Resolution

That Council offer to the current Contract Managers of the Esperance Seafront Caravan Park the option to extend the Initial Expiry Date of the Management Agreement for Esperance Seafront Caravan Park by the First Further Term for one year.

CARRIED

F9 - A0

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0318-099

That the meeting come from behind closed doors.

CARRIED

F9 - A0