Motion

Moved:           Cr Parsons

Seconded:     Cr Bowman

O0618-007

That Council approve the following applications for leave of absence:

Cr Payne         1 July until 27July 2018

Cr McMullen  3 July 2018

                        7 August until 10 August 2018

Cr McIntyre    6 July until 9 July 2018

Cr Parker        29 June until 2 July 2018

                        19 July until 23 July 2018

CARRIED

F9 - A0

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0618-008

That the Minutes of the Ordinary Council Meeting of the 22 May 2018 be confirmed as a true and correct record.

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-009

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

12.1.1         Development Application - Change of Use from Dwelling to Holiday House – Lot 179 (27) Addington Cross, West Beach

12.3.3         Financial Services Report - May 2018

12.4.4         Information Bulletin - May 2018

13.1            Minutes of Committees

17.3            Proposed Notice - Local Government Act 1995 - Disused Materials and Rubbish - West Beach area

17.6            Residential Land Tender

CARRIED

F9 - A0

en bloc

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-010

 That Council adopt the officers recommendations for the following items:

12.1.1         Development Application - Change of Use from Dwelling to Holiday House – Lot 179 (27) Addington Cross, West Beach

12.3.3         Financial Services Report - May 2018

12.4.4         Information Bulletin - May 2018

13.1            Minutes of Committees

17.3            Proposed Notice - Local Government Act 1995 - Disused Materials and Rubbish - West Beach area

17.6            Residential Land Tender

CARRIED

F9 - A0

12.1.1         Development Application - Change of Use from Dwelling to Holiday House - Lot 179 (27) Addington Cross, West Beach

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-011

Council Resolution

That Council resolve to approve Development Application 10.2018.3810.1 for a Change of Use from Dwelling to Holiday House at Lot 179 (27) Addington Cross, 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. This planning approval relates to the land the subject of the application and the applicant only, and cannot be assigned to any other person or transferred to any other property or premises.

3. The approved Holiday House must not display a sign exceeding 0.2 square metres in area without the issuance of Planning Approval by the Shire of Esperance.

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.

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

7.   A copy of the Holiday House Management Plan is to be provided to the adjoining landowners.

8. An electrical safety certificate demonstrating compliance with the provisions of the Building Code of Australia regarding installation of smoke alarms and emergency lighting is to be provided to Shire of Esperance (Building Services) prior to commencement of use.

AND the following advice notes:

1. The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

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.

3. Lighting to assist evacuation and smoke alarms must be hard wired to mains power and be installed in the rooms and associated areas in accordance with Part 3.7 of the Building Code of Australia.

4. In the event that the use of the Holiday House hereby approved reverts back to the Single Dwelling land use, you are to provide a letter to that effect to the Shire of Esperance for our records.

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 developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

CARRIED

F9 - A0

12.3.3         Financial Services Report - May 2018

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-012

Council Resolution

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

CARRIED

F9 - A0

12.4.4         Information Bulletin - May 2018

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-013

Council Resolution

That Council accepts the Information Bulletin for May 2018 and;

1.       Register - Delegations Discharge - Corporate Resources

2.       Interplan Report - May 2018

3.       RCAWA Minutes - 12 April 2018

4.       Appreciation Letter - Corangamite Shire - Fire Relief Donation

5.       Appreciation Letter - Tourism Esperance Inc - New Visit Esperance Website

CARRIED

F9 - A0

13.1   Minutes of Committees

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-014

Council Resolution

That Council receive the following unconfirmed committee minutes:

1.          Jetty Replacement Working Group - 8 May 2018

2.          Off Road Vehicle Working Party - 10 May 2018

3.          Esperance Roadwise Committee - 14 May 2018

CARRIED

F9 - A0

17.3   Proposed Notice - Local Government Act 1995 - Disused Materials and Rubbish - West Beach area

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-015

Council Resolution

That Council

Endorse the issuing of a Notice to be issued under section 3.25 of the Local Government Act 1995 on Mark Yeend that requires the removal and disposal of all disused materials and rubbish on Lot 211 Willowtree Avenue, West Beach Western Australia 6450 within twenty eight (28) days.

.

CARRIED

F9 - A0

17.6   Residential Land Tender

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0618-016

Council Resolution

That Council

1.   Direct the CEO to advertise all unsold lots within Flinders Stage 2 and Lots 861 and 862 Hockey Place (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2.   Confirm it believes that the valuations it received from Herron Todd White for the Flinders Lots and Opteon Property Group for the Hockey Place Lots, both undertaken in February 2017, continue to be a fair indication of the value of the unsold lots.

3.   Relist all lots that don’t receive an offer through the tender process at the following prices:

4.  Delegate authority to the CEO to negotiate and accept offers on these listed properties at or above the Minimum Acceptable Sale Price identified in the schedule within Attachment E (Listing and Sale Prices).

CARRIED

F9 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0618-017

That Council bring item 12.2.1 forward for discussion.

CARRIED

F9 - A0

Motion

Moved:           Cr Bowman

Seconded:     Cr Payne

O0618-018

That Council bring item 18 forward for discussion.

CARRIED

F9 - A0

12.2.1         Dempster Head Management Plan

Moved:           Cr McIntyre

Seconded:     Cr Parsons

O0618-019

Council Resolution

That Council:

1.    Adopt the Dempster Head Management Plan 2018 incorporating changes as attached;

2.    Consider a budget bid for 2018/19 for a downhill/endurance mountain bike site selection study for suitable locations in Esperance, including Dempster Head to undertake downhill/endurance mountain biking, based on the draft Western Australian Mountain Bike Management Guidelines; and

3.    Relinquish the Management Order of Reserve 39453 subject to Southern Ports agreeing to take over the management of the reserve.

CARRIED

F9 - A0

12.1.2         Community Grants Program - 2018/2019 Budget and Annual Applications

Moved:           Cr Piercey

Seconded:     Cr McIntyre

O0618-020

Officer’s Recommendation

That Council includes into the 2018/2019 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 $25,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

2.   Assistance category budget of $36,072.23, allocated as follows:

3.   Development category budget of $89,516.40, allocated as follows:

4.   Events category budget of $45,820.06, allocated as follows:

5.   Contribution to Esperance Community Arts of $43,296.00

Council Resolution

That Council includes into the 2018/2019 Annual Budget a total of $212,565.06 as follows, to be distributed in accordance with the criteria and guidelines of the Community Grants Program:

1.   Support category budget of $25,000.00 allocated during the year in accordance with the criteria and guidelines of the Community Grants Program;

2.   Assistance category budget of $22,949.00, allocated as follows:

3.   Development category budget of $84,500.00, allocated as follows:

4.   Events category budget of $36,820.06, allocated as follows:

5.   Contribution to Esperance Community Arts of $43,296.00

6.   The following conditions are noted in respect to the specified grant allocations:

a.    Esperance Cycling Club – Esperance Velodrome Upgrade – that Shire officers work with the Esperance Cycling Club to review the budget and investigate project management opportunities (including the option of the Shire managing delivery of the project) to better utilise Shire resources and expertise during preparation of the Community Sport and Recreation Facilities Fund application also required for this project,

b.    Esperance Squash Club – Kitchen Amenities and Floor upgrade – that half the requested amount ($15,000) is offered as a self-supporting loan rather than the full requested amount of $30,000 being provided as a community grant.

c.    Clontarf Foundation – Engaging Teenage Aboriginal & Torres Strait Islander Males in Education and Employment – that this grant is a one-off contribution rather than an ongoing commitment.

d.    Esperance Care Services – Rubbish Disposal and Recycling – this contribution to be provided as cash to enable Esperance Care Services to self-manage their rubbish disposal requirements. This funding is conditional on the veranda no longer being advertised as a 24 hour drop off facility for donations.

e.    Esperance Volleyball Association Inc. – Volleyball WA Beach Volleyball Tour Round – this funding is dependent on Welcome Packs being distributed to out-of-town competitors and a post event survey being undertaken with the results provided to the Shire.

f.     Esperance Community Arts – this contribution subject to 50% of the Shire funding ($21,648) being provided to the Cannery Arts Centre to assist with operating costs.

CARRIED

F8 – A1

(Against Cr Parker)

12.3.1         Schedule Fees and Charges 2018/2019

Moved:           Cr Parsons

Seconded:     Cr McIntyre

O0618-021

Council Resolution

That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2018/19 budget adoption.

CARRIED

F7 – A1

(Against Cr Padgurskis)

12.3.2         Policy Review - Human Resources

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0618-022

Council Resolution

That Council adopt the new Volunteer Management policy and endorse the Human Resources Policies inclusive of amendments, inclusions and deletions as reviewed.

CARRIED

F9 - A0

12.4.1         Corporate Business Plan 2018/19 - 2021/22

Moved:           Cr McMullen

Seconded:     Cr Parker

O0618-023

Council Resolution

That Council

1.    Adopt the Corporate Business Plan 2018/19 – 2021/22

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

F7 – A2

(Against Cr Padgurskis & Cr Payne)

12.4.2         Adopting the Fencing Local Law 2018

Moved:           Cr Parsons

Seconded:     Cr McMullen

O0618-024

Council Resolution

That Council:

1.  Adopt the Fencing Local Law 2018 and;

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

a.  To undertake all statutory advertising; and

b.  Provide a copy of the local law to the Minister for Local Government and the Minister for Commerce and Industrial Relations.

CARRIED

F9 - A0

12.4.3         Appointment of Representatives to Museum Management Reference Group

Moved:           Cr McMullen

Seconded:     Cr Padgurskis

O0618-025

Council Resolution

That Council:

1.    Appoint Mr John Guest as the Community Representative on the Museum Management Reference Group.

2.    Appoint Mrs Jennifer Ford as the Museum Volunteer on the Museum Management Reference Group.

3.    Appoint Cr Padgurskis as the voting member and Cr Bowman as deputy on the Museum Management Reference Group.

4.    Appoint the community group representatives to the Museum Management Reference Group as follows:

Esperance Bay Historical Society                        Mrs Beverley Drabik

Esperance Family History Society                        Mrs Daphne Diack

Esperance Mechanical Restoration Group         Mr Kevin Young

5.    Request the Chief Executive Officer advise the representatives of their successful appointment.

CARRIED

F9 - A0

13.2   Off Road Vehicle Working Group - 10 Mile Beach Access Closure

Moved:           Cr Piercey

Seconded:     Cr McMullen

O0618-026

Council Resolution

That Council:

1.    Do not proceed with the proposed closure of beach access tracks along Twilight Beach Road between 10 Mile Beach carpark and 11 Mile Beach carpark.

2.    Undertake an assessment of the current beach access tracks between the 10 Mile Beach and 11 Mile Beach carparks with a view to rationalising the number of existing tracks.

CARRIED

F5 – A4

(Against Cr McIntyre, Cr Brown, Cr Payne & Cr Parsons)

Motion

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0618-027

That Council accept the following late items:

16.1                 Differential Rates Submissions

17.7                 0113-18 Prequalified Supplier Panel - Plant Hire

17.8                 0114-18 Prequalified Supplier Panel - Building Services

17.9                 0109-18 Supply & Placement of Hotmix Asphalt

CARRIED

F9 - A0

16.1   Differential Rates Submissions

Moved:           Cr Brown

Seconded:     Cr McMullen

O0618-028

Council Resolution

That Council:

1.       Acknowledge the submissions received in regards to the proposed “Rate in the Dollar” for the 2018/2019 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.       Reduce the proposed “rate in the dollar” for the mining category down to 0.090552.

4.       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 except for the amended mining rate category.

CARRIED

F6 – A3

(Against Cr Payne, Cr Piercey & Cr Padgurskis)

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Parker

O0618-029

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   0117-18 Prequalified Supplier Panel - Traffic Management

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   Proposed Landfill

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   Proposed Notice - Local Government Act 1995 - Disused Materials and Rubbish - West Beach area

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   Proposed Direction Notice - Planning and Development Act 2005 - Pink Lake Area

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)).

17.5   Esperance Seafront Caravan Park Masterplan

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   Residential Land Tender

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)).

17.7   0113-18 Prequalified Supplier Panel - Plant Hire

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)).

17.8   0114-18 Prequalified Supplier Panel - Building Services

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)).

17.9   0109-18 Supply & Placement of Hotmix Asphalt

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

17.1   0117-18 Prequalified Supplier Panel - Traffic Management

Moved:           Cr Brown

Seconded:     Cr McMullen

O0618-030

That Council rescind resolution O0518-110.

CARRIED

F9 - A0

Moved:           Cr Parsons

Seconded:     Cr McMullen

O0618-031

Council Resolution

That Council:

1.    Accept the following applicants for appointment to 0117-18 Prequalified Supplier Panel – Traffic Management as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System:

i.   Jacka Trenching & Fencing

ii.  NC Contracting Group Pty Ltd

iii. Rural Traffic Services

2.    Advise all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2018/19 financial year.

CARRIED

F9 - A0

Suspension of Standing Orders

Moved:           Cr Payne

Seconded:     Cr Bowman

O0618-032

That Section Nine (9.5) of the Standing Orders be suspended to allow for discussion on

item 17.2.

CARRIED

F9 - A0

Resumption of Standing Orders

Moved:           Cr Parsons

Seconded:     Cr McMullen

O0618-033

That Standing Orders be resumed.

CARRIED

F9 - A0

17.2   Proposed Landfill

Moved:           Cr Parsons

Seconded:     Cr McMullen

O0618-034

Officer’s Recommendation

That Council;

1.   Accept the final Pennington Scott Report and Talis response and publish both documents on the Shire of Esperance website,

2.   Direct the CEO to engage an hydrogeologist and drilling contractor as per the Shire’s procurement policy to install two production bores into the spongolite aquifer downstream of the proposed cell locations and undertake pump tests to determine the speed of groundwater movement adjacent to the proposed landfill cells at Lot 12 Kirwan Road,

3.   Direct the CEO to have staff  undertake baseline monitoring of the groundwater as soon as practical, and

4.   Direct the CEO to prepare a further report to Council (including firm Lump Sum costs for all works within the EPA adopted Environmental Scoping Document) as soon as possible after the Scoping Document is finalized and the results of the pump test are received.

Council Resolution

That Council:

1.   Receive the final Pennington Scott Report and Talis’ response and publish both documents on the Shire of Esperance website and forward them to the EPA,

2.   Based on the information available to date, agree to proceed with further hydrogeological investigations, as detailed below, of Lot 12 Kirwan Road,

3.   Direct the CEO to engage an independent hydrogeologist and drilling contractor to undertake pump tests and determine the speed of underground water adjacent to the proposed cell location at lot 12 Kirwan Road to clearly identify any potential risks of the proposed landfill with regards to groundwater movement, to a maximum value of $120,000.

4.   Direct the CEO to undertake baseline monitoring of the groundwater as soon as practical, and

5.   Direct the CEO to prepare a further report to Council (including firm Lump Sum costs for all works within the EPA adopted Environmental Scoping Document) as soon as possible after the Scoping Document is finalised and the results of the pump test are received.

CARRIED

F8- A1

(Against Cr Parker)

17.4   Proposed Direction Notice - Planning and Development Act 2005 - Pink Lake Area

Moved:           Cr Parsons

Seconded:     Cr Piercey

O0618-035

Council Resolution

That Council

Authorise the Chief Executive Officer to serve a Direction Notice issued under sections 214(2) and 214(3) of the Planning and Development Act 2005 on the owner of Lot 47 Eleven Mile Beach Road Pink Lake, Western Australia 6450 requiring her to:

1.   Cease the unauthorised development effective immediately; and

2.   Remove the unauthorised development and restore the land within three (3) months.

CARRIED

F7 – A2

(Against Cr Padgurskis & Cr Payne)

Suspension of Standing Orders

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0618-036

That Section Nine (9.5) of the Standing Orders be suspended to allow for discussion on item 17.5.

LOST

F4 – A5

(Against Cr Payne, Cr Parsons, Cr Parker, Cr Padgurskis & Cr Piercey)

17.5   Esperance Seafront Caravan Park Masterplan

Moved:            Cr McMullen

Seconded:       Cr Parsons

Officer’s Recommendation

That Council:

1.   Receive the Redevelopment Strategy and endorse the concept design.

2.   Request the CEO to prepare recommended staging models to deliver the concept design including:

a.   Impact on Long Term Financial Plan.

b.   Potential delivery method under differing management options.

c.   Release a summary of the concept design for public information.

LOST

F3 - A6

(Against Cr Parsons, Cr McIntyre, Cr Piercey, Cr Padgurskis, Cr Payne & Cr Parker)

Moved:           Cr Payne

Seconded:     Cr Parsons

O0618-037

Council Resolution

That Council:

1.    Receive the Redevelopment Strategy.

2.    Request the CEO to prepare a report on different management and development models to deliver the Redevelopment Strategy.

·                      

CARRIED

F9 - A0

·

17.7   0113-18 Prequalified Supplier Panel - Plant Hire

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O0618-038

Council Resolution

That Council

1.  Accept the following additional applicant for appointment to 0113-18 Prequalified Supplier Panel – Plant Hire as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicant’s compliance with the Shire of Esperance Contractor Management System:

i.   Conplant Pty Ltd

2.  Advise the Applicant in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2018/19 financial year.

CARRIED

F9 - A0

17.8   0114-18 Prequalified Supplier Panel - Building Services

Moved:           Cr McIntyre

Seconded:     Cr Parsons

O0618-039

Council Resolution

That Council

1.  Accept the following additional applicants for appointment to 0114-18 Prequalified Supplier Panel – Building Services as per the rates detailed in the attachment “Schedule of Rates, conditional upon the applicants compliance with the Shire of Esperance Contractor Management System

i.   Esperance Electrical Service

ii.  Esperance Glass Service Pty Ltd

2.  Advise all Applicants in their notice of acceptance that the mere existence of a Panel does not compel the Shire to purchase exclusively from such Panel, thus, the Shire reserves the right to purchase equivalent goods and/or services available under the Panel from the open market during the period of which the Panel is established and they make no guarantee that any goods and/or services will be purchased from pre-qualified suppliers on the Panel during the 2018/19 financial year.

CARRIED

F9 - A0

17.9   0109-18 Supply & Placement of Hotmix Asphalt

Moved:           Cr Piercey

Seconded:     Cr Bowman

O0618-040

Council Resolution

That Council awards the Request for Quote 0109-18 Supply & Placement of Hotmix Asphalt to AAA Asphalt Services as per the schedule of rates, for a period of twenty four months from 1 July 2018, with a twenty four month option to extend subject to satisfactory performance.

CARRIED

F9 - A0

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0618-041

That the meeting come from behind closed doors.

CARRIED

F9 - A0