Motion

Moved:           Cr Bowman

Seconded:     Cr Parker

O1018-109

That Council approve the following applications for leave of absence:

Cr Parsons       6 November 2018

Cr Payne           20 November 2018

Cr Bowman       25 October until 2 November 2018

Cr Piercey         20 November 2018

Cr McMullen     20 November 2018

Cr Brown          23 November 2018

CARRIED

F8 - A0

Moved:           Cr McMullen

Seconded:     Cr Bowman

O1018-110

That the Minutes of the Ordinary Council Meeting of the 25 September 2018 be confirmed as a true and correct record.

CARRIED

F8 - A0

12.1.1         Proposed Road Closure and Amalgamation with Reserve 34491, Scaddan

Moved:           Cr McMullen

Seconded:     Cr Parker

O1018-111

Council Resolution

That Council:

1.  Request the Minister of Lands to close the road reserve known as Unnamed Road, Scaddan under Section 58 (1) of the Land Administration Act 1997 and amalgamate the aforementioned portion of closed road with Reserve 34491.

2.  Request the Minister of Lands amalgamate the resulting Reserve 34491 with Reserve 34514 with the purposes of ‘Club’ and ‘Recreation’ with a power to lease for a period not exceeding 21 years.

3.  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

F8 - A0

12.1.2         Local Planning Scheme No. 24 - Amendment No. 4 - Part 1

Moved:           Cr Piercey

Seconded:     Cr Bowman

O1018-112

That Council:

1.    In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

I.        Amending Schedule 1 by inserting a new clause 37 as follows:

‘37. Unrestricted Length of Stay

(a)        Where permissible in the Zoning and Land Use Table (Table 4), Additional Use (Schedule 3), Restricted Use (Schedule 4) or Special Use (Schedule 5), holiday house, holiday accommodation and serviced apartment uses are to be designed and constructed to comply with all requirements of a single house, grouped dwelling or multiple dwelling in accordance with the R-Codes and the specific requirements of the Building Code of Australia, and must be able to be occupied either permanently as a dwelling or temporarily for short-term accommodation purposes.’

II.       Amending Schedule 1 by inserting a new clause 38 as follows:

‘38.      Environmental, Public Health and Amenity Protection

(a)        The emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil and/or any other type of emission that may potentially impact on environmental and/or public health are to be mitigated within the boundaries of the premises and must not impact on public health and/or cause nuisance to users or occupants of adjoining premises.

(b)        All building services, plant and equipment associated with a mixed use or non-residential development is to be -

(i)            acoustically and visually screened from any adjoining and/or adjacent residential land uses or other sensitive land uses; or alternatively;

(ii)           incorporated within the building, or is housed external to the building and is to be contained within a solid structure and located no closer than 1.5 metres to any adjoining property boundary.

(c)        Where non-residential development occurs within an area serviced by refuse collection the storage of refuse on-site is to be screened from view from a street and/or public open space.

(d)        Non-residential development and land uses adjacent to residential development shall not be permitted to trade and/or undertake activities (e.g. deliveries) unless in accordance with the Environmental Protection (Noise) Regulations 1997, unless supported by a noise impact assessment submitted for consideration at the development application stage.

Note:              Prepared to the specifications and satisfaction of the local government, any development impact statement should address the scope of issues that have the potential to impact upon the amenity of existing and future residents, such as noise, lighting and crime prevention, and propose appropriate mitigating measures for consideration.

(e)        A noise impact assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, may be required to be submitted as part of any application for development approval for any development where there is the potential for noise impacts.

III.      Amending Schedule 1 by inserting a new clause 39 as follows:

‘39.    Residential Development in the Commercial and Local Centre Zones

(a)      A maximum density of R80 applies within the Local Centre Zone.

IV.      Amending Clause 30.(a) in Schedule 1 by replacing ‘Residential or Rural Residential’ with ‘Residential, Rural Residential or Rural Townsite’.

V.       Amending the Scheme Map by reclassifying Lot 862 on Plan 201769 from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

VI.      Amending the Scheme Map by reclassifying Lots 1247 and 1407 on Plan FITZGL from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

VII.     Amending the Scheme Map by reclassifying Lots 465 and 466 on Plan 408922 from ‘Rural’ and ‘Public Open Space’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

VIII.    Amending the Scheme Map by reclassifying all of Reserve 19315 as ‘Public Open Space’ as depicted on the Amendment Map.

IX.      Amending the Scheme Map by reclassifying Lot 1440 on Plan 152676 from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

X.       Amending the Scheme Map by reclassifying Lots 1517 and UCL on McCrea Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

XI.      Amending the Scheme Map by reclassifying UCL on Starcevich Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

XII.     Amending the Scheme Map by reclassifying Lot 36 on Plan 151214, Lot 570 on Plan 407219 and UCL on Guests Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

XIII.    Amending the Scheme Map by reclassifying Portion of Reserve 15042 to Public Open Space and a Portion of Connolly Street as’ Local Distributor Road’ as depicted on the Amendment Map.

XIV.    Amending the Scheme map by classifying the unclassified potion of Reserve 48754 as ‘Public Open Space’ as depicted on the Amendment Map.

XV.     Amending the Scheme Map by reclassifying Portion of Thomas Road and unnamed road from ‘Cultural and Natural Resource’ to ‘Local Road’ as depicted on the Amendment Map.

XVI.    Amending Clause 38 by inserting in alphabetical order:

‘art studio means a premise used to manufacture works of art and does not involve the sale of works unless by means of the internet;’

XVII.  Amending Table No. 4 by inserting ‘Art studio’ as a use with an ‘A’ permissibility in the ‘Residential’ zone, ‘D’ permissibility in the ‘Rural’, ‘Rural Residential’, ‘Rural Smallholdings’, ‘Rural Townsite’ and ‘Light Industry’ zones and an ‘X’ use in all other zones.

XVIII.  Amending Schedule 5 SU5 by replacing ‘Lot 1 and Part Lot 5 Orleans Bay Road’ within the Description of Land with ‘Lot 6 Wharton Road’.

XIX.    Amending the Scheme map by zoning all of Lot 6 Wharton Road ‘Special Use’ and all of Lot 7 Wharton Road as ‘Tourism’ as depicted on the Amendment Map.

XX.     Amending Schedule 2 Clause 1.(d) by replacing all references to ‘TRIM’ to ‘Electronic document and records management system’ within the notes.

XXI.    Amending Schedule 1 Clause 29.(b) by inserting ‘, unless in accordance with subclause (a),’ after ‘supported’

XXII.   Deleting Additional Use ‘A2’ in Schedule 3, renumbering the remainder of the Schedule and amending the Scheme Map accordingly to reflect the renumbered additional uses.

XXIII.  Amending Schedule 1 Clause 12.(b) by replacing all instances of ‘A6’ with ‘A5’.

XXIV. Amending Schedule 1 Clause 15.(b) by replacing ‘A6’ with ‘A5’.

XXV.  Amending Schedule 2 Clause 1.(i)(v) by replacing ‘A6’ with ‘A5’.

2.    Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(c)   an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g)   any other amendment that is not a complex or basic amendment.

3.    Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Council Resolution

That Council:

1.    In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

I.        Amending Schedule 1 by inserting a new clause 37 as follows:

‘37. Unrestricted Length of Stay

(a)        Where permissible in the Zoning and Land Use Table (Table 4), Additional Use (Schedule 3), Restricted Use (Schedule 4) or Special Use (Schedule 5), holiday house, holiday accommodation and serviced apartment uses are to be designed and constructed to comply with all requirements of a single house, grouped dwelling or multiple dwelling in accordance with the R-Codes and the specific requirements of the Building Code of Australia, and must be able to be occupied either permanently as a dwelling or temporarily for short-term accommodation purposes.’

II.       Amending Schedule 1 by inserting a new clause 38 as follows:

‘38.      Environmental, Public Health and Amenity Protection

(a)        The emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, chemicals and/or any other type of emission that may potentially impact on environmental and/or public health are to be mitigated within the boundaries of the premises and must not impact on public health and/or cause nuisance to users or occupants of adjoining premises.

(b)        All building services, plant and equipment associated with a mixed use or non-residential development is to be -

(i)            acoustically and visually screened from any adjoining and/or adjacent residential land uses or other sensitive land uses; or alternatively;

(ii)           incorporated within the building, or is housed external to the building and is to be contained within a solid structure and located no closer than 1.5 metres to any adjoining property boundary.

(c)        Where non-residential development occurs within an area serviced by refuse collection the storage of refuse on-site is to be screened from view from a street and/or public open space.

(d)        Non-residential development and land uses adjacent to residential development shall not be permitted to trade and/or undertake activities (e.g. deliveries) unless in accordance with the Environmental Protection (Noise) Regulations 1997, unless supported by a noise impact assessment submitted for consideration at the development application stage.

Note:             Prepared to the specifications and satisfaction of the local government, any development impact statement should address the scope of issues that have the potential to impact upon the amenity of existing and future residents, such as noise, lighting and crime prevention, and propose appropriate mitigating measures for consideration.

(e)        A noise impact assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, may be required to be submitted as part of any application for development approval for any development where there is the potential for noise impacts.

III.      Amending Schedule 1 by inserting a new clause 39 as follows:

‘39.      Residential Development in the Commercial and Local Centre Zones

(a)        A maximum density of R80 applies within the Local Centre Zone.

IV.      Amending Clause 30.(a) in Schedule 1 by replacing ‘Residential or Rural Residential’ with ‘Residential, Rural Residential or Rural Townsite’.

V.           Amending the Scheme Map by reclassifying Lot 862 on Plan 201769 from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

VI.          Amending the Scheme Map by reclassifying Lots 1247 and 1407 on Plan FITZGL from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

VII.         Amending the Scheme Map by reclassifying Lots 465 and 466 on Plan 408922 from ‘Rural’ and ‘Public Open Space’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

VIII.        Amending the Scheme Map by reclassifying all of Reserve 19315 as ‘Public Open Space’ as depicted on the Amendment Map.

IX.          Amending the Scheme Map by reclassifying Lot 1440 on Plan 152676 from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

X.           Amending the Scheme Map by reclassifying Lots 1517 and UCL on McCrea Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

XI.          Amending the Scheme Map by reclassifying UCL on Starcevich Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

XII.         Amending the Scheme Map by reclassifying Lot 36 on Plan 151214, Lot 570 on Plan 407219 and UCL on Guests Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.

XIII.        Amending the Scheme Map by reclassifying Portion of Reserve 15042 to Public Open Space and a Portion of Connolly Street as’ Local Distributor Road’ as depicted on the Amendment Map.

XIV.        Amending the Scheme map by classifying the unclassified potion of Reserve 48754 as ‘Public Open Space’ as depicted on the Amendment Map.

XV.         Amending the Scheme Map by reclassifying Portion of Thomas Road and unnamed road from ‘Cultural and Natural Resource’ to ‘Local Road’ as depicted on the Amendment Map.

XVI.        Amending Clause 38 by inserting in alphabetical order:

‘art studio means a premise used to manufacture works of art and does not involve the sale of works unless by means of the internet;’

XVII.       Amending Table No. 4 by inserting ‘Art studio’ as a use with an ‘A’ permissibility in the ‘Residential’ zone, ‘D’ permissibility in the ‘Rural’, ‘Rural Residential’, ‘Rural Smallholdings’, ‘Rural Townsite’, ‘Light Industry’ and ‘Tourism’ zones and an ‘X’ use in all other zones.

XVIII.      Amending Schedule 5 SU5 by replacing ‘Lot 1 and Part Lot 5 Orleans Bay Road’ within the Description of Land with ‘Lot 6 Wharton Road’.

XIX.        Amending the Scheme map by zoning all of Lot 6 Wharton Road ‘Special Use’ and all of Lot 7 Wharton Road as ‘Tourism’ as depicted on the Amendment Map.

XX.         Amending Schedule 2 Clause 1.(d) by replacing all references to ‘TRIM’ to ‘Electronic document and records management system’ within the notes.

XXI.        Amending Schedule 1 Clause 29.(b) by inserting ‘, unless in accordance with subclause (a),’ after ‘supported’

XXII.       Deleting Additional Use ‘A2’ in Schedule 3, renumbering the remainder of the Schedule and amending the Scheme Map accordingly to reflect the renumbered additional uses.

XXIII.      Amending Schedule 1 Clause 12.(b) by replacing all instances of ‘A6’ with ‘A5’.

XXIV.      Amending Schedule 1 Clause 15.(b) by replacing ‘A6’ with ‘A5’.

XXV.       Amending Schedule 2 Clause 1.(i)(v) by replacing ‘A6’ with ‘A5’.

2.    Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(c)   an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g)  any other amendment that is not a complex or basic amendment.

3.    Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

CARRIED

F8 - A0

12.1.3         Local Planning Scheme No. 24 - Amendment No. 4 - Part 2

Moved:           Cr Bowman

Seconded:     Cr Piercey

O1018-113

Council Resolution

That Council:

1.   In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

I.  Amending Schedule 1 by inserting a new clause as Clause 39.(b) as follows:

·            ‘(b)    A maximum density of R160 applies within the Commercial Zone.’

2.    Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(c)   an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g)  any other amendment that is not a complex or basic amendment.

3.    Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

CARRIED

F6 - A0

12.1.4         Local Planning Scheme No. 24 - Amendment No. 4 - Part 3

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O1018-114

Council Resolution

That Council:

1.   In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

I.        Amending Schedule 3 and the Scheme Map by adding an Additional Use with the following:

2.    Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(c)   an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g)  any other amendment that is not a complex or basic amendment.

3.    Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

CARRIED

F7 - A0

12.1.5         Local Planning Scheme No. 24 - Amendment No. 4 - Part 4

Moved:           Cr Parsons

Seconded:     Cr Parker

O1018-115

Council Resolution

That Council

1.   In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

I.          Amending Schedule 2 by inserting a new Clause 11. as follows:

‘11.       SCA 11 – Sewerage Sensitive Areas Special Control Area

(a)        The purpose of SCA 11 is to provide guidance for land use and development within the Sewerage Sensitive Area as identified in the Government Sewerage Policy and amended on the Scheme Map.

(b)       Objectives

The objectives of SCA 11 are to –

(i)         identify land that has been designated as a sewerage sensitive area;

(ii)      ensure that the development and use of land does not detrimentally impact on a sewerage sensitive area; and

(iii)     implement Scheme controls that are designed to mitigate any adverse effects on a sewerage sensitive area.

(c)        Application Requirements

Despite any other provision of the Scheme development approval is required for all land use and development not connected to a reticulated sewerage system.

(d)       Development Requirements

(i)         The local government may refuse any application for development approval or impose conditions on any development approval so as to –

i.          protect public health and amenity;

ii.         protect the environment: and

iii.        promote the efficient use of infrastructure.

(ii)      New property titles (including strata titles) should warn of the proximity of the Sewerage Sensitive Area. This notification pursuant to Section 165 of the Planning and Development Act 2005 is to state “This lot is located in a Sewerage Sensitive Area and limitations may be applied to on-site effluent disposal.”

(iii)     The requirements of Schedule 1 Clause 17 will apply to all development and land use.

(iv)     Where a lot is also located within SCA 4 – Public Drinking Water Source Protection Areas the requirements of SCA 4 will apply in addition to the requirements of SCA 11.

(e)        Relevant Considerations

In addition to provisions of the Scheme the local government in considering applications for development approval is to have due regard to –

(i)       The potential impact of the proposal on the quality of the water and environmental resources in the Sewerage Sensitive Area;

(ii)      The practicability and cost of any measures proposed for the protection of the water and environmental resources;

(iii)     The existing level of protection of the resource provided, with reference to management of land and location of development;

(iv)     The nature, location and performance of any existing or proposed effluent disposal system;

(v)      The drainage characteristics of the land, including surface and groundwater flow, and the adequacy of proposed measures to manage run-off and drainage.

(vi)     The Analysis of Surficial Ground Water Landscapes and Hydrological Pathways linking the Ramsar Listed Lake Warden Wetlands by Tilo Massenbauer.

Note:         The report referenced in subclause (e)(vi) can be found in the Shire’s Electronic document and records management system – Ref: D18/20641

(f)        Minimum Lot Sizes

(i)       Where subdivision of land is proposed within Special Control Area 11 and consistent with the requirements of the Local Planning Strategy no lot is to be less than one hectare.

(g)       Referral of Applications

(i)       The Local Government will refer applications for development approval (except for Agriculture – Extensive, Single House and other related incidental uses) to the Department of Health, Department of Biodiversity Conservation and Attractions and the Department of Water and Environmental Regulation and the Local Government is to have due regard to recommendations and advice received from those authorities when determining applications.

(h)       Modification of Boundary

Any modification to the Government Sewerage Policy will trigger a Basic Amendment.’

2.    Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(c)   an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g)  any other amendment that is not a complex or basic amendment.

3.    Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

CARRIED

F6 - A0

12.1.6         Transfer of Land - Lot 666 on Plan 2788

Moved:           Cr Parker

Seconded:     Cr McMullen

O1018-116

Council Resolution

That Council authorise the Chief Executive Officer to sign the Transfer of Land of Lot 666 on Plan 2788 and the associated “Appointment to Act as Settlement Agent” for the purpose of a road.

CARRIED

F7 – A1

(Against Cr Payne)

12.2.1         Additional Road Funding

Moved:           Cr McMullen

Seconded:     Cr Parker

O1018-117

Council Resolution

That Council approve a budget variation for the annual roads program as follows:

CARRIED

F6 – A2

(Against Cr Payne & Cr Piercey)

12.3.1         Lease - The Conservation and Land Management Executive Body - Ambulance Transfer Station Shed - Esperance Airport

This item was withdrawn due to the proposed lease being reviewed and amended.

12.3.2         Financial Services Report - September 2018

Moved:           Cr Parker

Seconded:     Cr McMullen

O1018-118

Council Resolution

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

CARRIED

F8 - A0

12.4.1         Agenda Briefing and Ordinary Council Meeting Dates -  2019

Moved:           Cr Parsons

Seconded:     Cr Parker

O1018-119

That Council

1.    Agree to continue holding an Agenda Briefing at 1pm on the third Tuesday of every month commencing January 2019 with the exception of the December meeting, this date will be bought forward one week to accommodate the Festive Season (see attached).

2.    Agree to the attached schedule of Ordinary Council Meeting dates from January 2019 until December 2019, and;

3.    Request the Chief Executive Officer to undertake all statutory advertising in this regard.

Amendment

Moved:            Cr Payne

Seconded:

Modify point 1 of the Officer’s Recommendation to reflect Agenda Briefing Sessions to held on the second last Tuesday of the month at 4pm and the Ordinary Council Meeting be held on the last Tuesday of the month.

Amendment failed due to lack of a seconder…

The Presiding member put the original motion and it was…

Council Resolution

That Council

1.    Agree to continue holding an Agenda Briefing at 1pm on the third Tuesday of every month commencing January 2019 with the exception of the December meeting, this date will be bought forward one week to accommodate the Festive Season (see attached).

2.    Agree to the attached schedule of Ordinary Council Meeting dates from January 2019 until December 2019, and;

3.    Request the Chief Executive Officer to undertake all statutory advertising in this regard.

CARRIED

F6 – A2

(Against Cr Payne & Piercey)

12.4.2         Common Seal Useage October 2017 to September 2018

Moved:           Cr McMullen

Seconded:     Cr Piercey

O1018-120

Council Resolution

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

CARRIED

F8 - A0

12.4.3         Information Bulletin - September 2018

Moved:           Cr McIntyre

Seconded:     Cr McMullen

O1018-121

Council Resolution

That Council accepts the Information Bulletin for September 2018 and;

1.  Corporate Performance Report - Quarterly - July - September 2018

2.  Register - Delegations Discharge - Corporate Resources

3.  Outstanding Council Resolutions - Quarterly Report - October 2018

4.  Comparison on Collection of Rates for 2018/19

5.  Annual Road Program - Monthly Report - September 2018

CARRIED

F8 - A0

13.1   Bush Fire Advisory Committee - Appointment of Fire Control Officers

Moved:           Cr Parker

Seconded:     Cr Bowman

O1018-122

Council Resolution

That Council authorise the following appointments in accordance with the Bush Fires Act 1954 as Bush Fire Control Officers for the Shire of Esperance:

          Senior Fire Control Officer – East Coast Zone                   Simon Fowler              

          Deputy Senior Fire Control Officer – West Zone                Tom Carmody    

CARRIED

F8 - A0

13.2   Minutes of Committees

Moved:           Cr Parker

Seconded:     Cr Piercey

O1018-123

Council Resolution

That Council receive the following unconfirmed committee minutes:

1.  Bush Fire Advisory Committee - 11 September 2018

2.  Esperance Visitor Centre Management Committee - 17 September 2018

CARRIED

F8 - A0

Motion

Moved:           Cr Payne

Seconded:     Cr McIntyre

That Council:

1.  Acknowledge Country as the first item of business at all formal Council meetings.

2.  Raise the Aboriginal Flag as a permanent flag alongside the Australian Flag at the Council building.

3.  Have a culturally appropriate Welcome to Country ceremony to install the Aboriginal Flag by a Nyungar Elder.

4.  Develop a Reconciliation Action Plan.

LOST

F2 – A6

(Against Cr Parsons, Cr Brown, Cr Parker,

Cr Bowman, Cr McIntyre & Cr McMullen)

Motion

Moved:           Cr Parsons

Seconded:     Cr McIntyre

O1018-124

Council Resolution

That Council lay this matter on the table until such time as the proposed indigenous cultural awareness training has been completed by Council with then relevant facilitator and that Council receive from the CEO a report on the implications and consequences of a proposed reconciliation action plan early in 2019.

CARRIED

F8 - A0

Motion

Moved:           Cr McMullen

Seconded:     Cr Parker

O1018-125

Council Resolution

That Council accepts the following late items:

16.1                 Esperance Seafront Caravan Park Redevelopment

16.2                 Replacement Jetty - Draft Concept Design

CARRIED

F8 - A0

16.1   Esperance Seafront Caravan Park Redevelopment

Moved:           Cr Bowman

Seconded:     Cr McMullen

O1018-126

Officer’s Recommendation

That Council

1.  Request the CEO to invite Expressions of Interest to lease and operate the Esperance Seafront Caravan Park (including provision of an in-house bid).

2.  Amend the Municipal Budget as follows to enable specialist assistance in developing the EOI document and evaluating responses.

Council Resolution

That Council

1.  Request the CEO to invite Expressions of Interest to lease, operate or contract manage the Esperance Seafront Caravan Park (including provision of an in-house bid).

2.  Amend the Municipal Budget as follows to enable specialist assistance in developing the EOI document and evaluating responses.

CARRIED

F8 - A0

16.2   Replacement Jetty - Draft Concept Design

Moved:           Cr McMullen

Seconded:     Cr Bowman

O1018-127

That Council:

1.   Receive the Public Feedback included in Attachment E and the Community Consultation - Replacement of the Esperance Tanker Jetty 2018 Report; and

2.   Endorse the Replacement Jetty Draft Concept Design Report subject to the following advice to H+H Architects to incorporate into the Replacement Jetty Final Concept Design Report:

a.   A strategy for the interpretation of the Jetty’s former length is developed;

b.   The dive platform is moved to the very end of the Jetty;

c.   Recognition of indigenous cultural heritage is developed in consultation with Esperance Tjaltjraak Native Title Aboriginal Corporation;

d.   Consider using steel rails on the northern side and wooden rails on the southern side for fishing functionality;

e.   Consider including a Seal Haul Out; and

f.    The public feedback and Community Consultation - Replacement of the Esperance Tanker Jetty 2018 Report be used to inform the development of the Replacement Jetty Detailed Design.

Amendment

Moved:            Cr Payne

Seconded:       Cr Piercey

That Council add a dot point three inviting the Friends of the Esperance Tanker Jetty to have a representative sit on the Jetty Replacement Working Group and update the Terms of Reference accordingly.

LOST

F2 – A6

(Against Cr Parsons, Cr Brown, Cr Parker,

Cr Bowman, Cr McIntyre & Cr McMullen)

The Presiding Member put the original motion and it was…

Council Resolution

That Council:

1.   Receive the Public Feedback included in Attachment E and the Community Consultation - Replacement of the Esperance Tanker Jetty 2018 Report; and

2.   Endorse the Replacement Jetty Draft Concept Design Report subject to the following advice to H+H Architects to incorporate into the Replacement Jetty Final Concept Design Report:

a.   A strategy for the interpretation of the Jetty’s former length is developed;

b.   The dive platform is moved to the very end of the Jetty;

c.   Recognition of indigenous cultural heritage is developed in consultation with Esperance Tjaltjraak Native Title Aboriginal Corporation;

d.   Consider using steel rails on the northern side and wooden rails on the southern side for fishing functionality;

e.   Consider including a Seal Haul Out; and

f.    The public feedback and Community Consultation - Replacement of the Esperance Tanker Jetty 2018 Report be used to inform the development of the Replacement Jetty Detailed Design.

CARRIED

F7 – A1

(Against Cr Piercey)

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O1018-128

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 Purchase of On-Site Accommodation 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)).

17.2   0145-18 Supply, Delivery and Licensing of One New 2018/2019 Telehandler

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

F7- A0

17.1   Proposed Purchase of On-Site Accommodation at Esperance Seafront Caravan Park

Moved:           Cr Parsons

Seconded:     Cr Piercey

O1018-129

Council Resolution

That Council

1.  Authorise the purchase of the caravan and annex contained on Site 61, Esperance Seafront Caravan Park on a walk-in, walk-out basis from Ms Bojko and Mr Duff at a price of $4,000.

2.  Amend the Municipal Budget (as follows):

3.  Create an additional class of fee for the Esperance Seafront Caravan Park, being ‘Standard Cabins with Ensuite’ and set the following fees for the remainder of the 2018/19 year.

·     Daily Rate (2 people) - $100-$130

·     Weekly rate (2 people) - $600-$780

·     Extra Person Daily Rate - $10

·     Extra Person Weekly Rate - $60

4.  Give public notice of the imposition of the new fees identifying that they will commence from December 1 2018.

CARRIED

F7 - A0

17.2   0145-18 Supply, Delivery and Licensing of One New 2018/2019 Telehandler

Moved:           Cr Parker

Seconded:     Cr Parsons

O1018-130

Council Resolution

That Council accept quotation 0145-18 from Staines Esperance for the supply, delivery and licensing of one new JCB 541-70 Super Agri telehandler as specified and as per the lump sum price.

CARRIED

F7 - A0

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O1018-131

That the meeting come from behind closed doors.

CARRIED

F7 - A0