Minutes of Ordinary Council

Ordinary Council: Minutes

17 December 2019 Page 9

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
17 December 2019.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.01pm

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

2. ATTENDANCE

Members

Cr I Mickel President Rural Ward

Cr B Parker Deputy President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr S Payne Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mrs L Anderson Acting Director Corporate Resources

Mr M Walker Director Asset Management

Mr T Sargent Director External Services

Mr R Hindley Manager Strategic Planning & Land Projects

Mr S McKenzie Manager Council Enterprises

Miss A McArthur Administration Officer - Executive Services

Miss S Shaddick Manager Marketing & Communications (entered at 5.09pm)

Members of the Public & Press

Dr K Nieukerke Item 7

Mrs C Green Item 12.1.1

Mr R Green Item 12.1.1

Ms G Brierley Item 7

Mr T Grey Item 7

Mrs V Brown Item 7

Mr L Western Observing

Mr K O’Dwyer Observing

Mr A Halter Item 7 (entered at 4.12pm)

Mr J Distich Esperance Express (entered at 4.03pm)

Miss E Smith ABC Esperance-Goldfields

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr S Burge Director Corporate Resources Annual Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr Obourne

Seconded: Cr Graham

O1219-259

That Council accept the following leave of absence:

Cr Mickel 23 December until 27 December 2019

CARRIED

F8 - A0

Cr Mickel abstained from voting.

Mr Distich entered the Chamber at 4.03pm.

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Nil

6. DECLARATION OF MEMBERS INTERESTS

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

Nil

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

Nil

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Nil

7. PUBLIC QUESTION TIME

1. Dr K Nieukerke

Dr Nieukerke referred to policy being considered by Council ASS 005: Property Owners Contribution to Underground Power. Dr Nieukerke questioned if council was to endorse the policy, could the Shire advise of the current estimates of the program, in particular the total costs and total length of the network to be placed underground.

Cr Mickel responded that Council cannot provide costs of the program, as it is Horizon Powers program and not the Shires.

Dr Nieukerke questioned the main purpose of the program, and how this program would affect properties that are not linked to the network or already have underground power.

Cr Mickel responded that if they aren’t linked, the power will not go through their property. Cr Mickel reiterated that as this is not a Shire program he cannot make comment, only that the program is in agreement between Horizon Power and property owners.

Dr Nieukerke provided the following questions in advance of the meeting.

The following questions were taken on notice by the Shire President. A response will be provided to Dr Nieukerke in writing and will be included in the January Ordinary Council Meeting Agenda as per Section 3.3 of the Standing Orders.

Planned Jetty Cost

Members of the Esperance Ratepayers Association have accepted the decision by Council to proceed with deconstruction and build of a replacement jetty. It is important to understand the full, lifetime cost of the project.

Construction Expenditure

Can Shire provide the financial details regarding

· Fixed cost to deconstruct

· Fixed cost to construct

· Shire additional cost

H & H heritage supervision

Project Supervision (Alun Hughs)

Other

staging area

storage yard

tip fees

valuation and recording

archives

underwater recording

other (pls advise)

Funding

· Federal Grant - $4M

· Other grants

· Other reserves borrowings

Cost Recovery

· Timber

· Other (please indicate)

Life Expectancy

· Please advise the life expectancy of the new structure

Lifetime costs

· Annual maintenance

· Total, anticipated maintenance of the structure over its anticipated life

Depreciation

Future demolition cost

Annual Revenue

· Rates

· Levy

· Entrance fee

· Other

2. Mr T Gray

Mr Gray provided his questions in advance of the meeting and were read aloud by Mr Scott.

Has the Shire made an application for funding to expand its CCTV network?

Mr Scott responded that the Shire applied to upgrade its CCTV Network.

Who authorised it?

Mr Scott responded that he as the Chief Executive Officer authorised it.

Was it a resolution of Council (current or former)?

Mr Scott responded that it was not a resolution of Council.

Was there a report to Council or a Council Committee (current or former) by the administration?

Mr Scott responded that there was not a report to Council by the Administration regarding CCTV.

If yes, to which Council or Council Committee and on what date?

Mr Scott responded that there was not a report to Council by the Administration regarding CCTV.

If not, under what authority or delegated authority did the administration make an application for the funding?

Mr Scott responded that under the role of Chief Executive Officer, he is authorised to apply for grants and source funding as a part of the normal day to day operations of the Shire. Should the application be successful an item would need to go to Council to approve a budget variation.

If an application has been made, on whose behalf was the application for funding made?

Mr Scott responded that it was made by the Shire of Esperance.

Mr Halter entered the Chamber 4.12pm

3. Mr A Halter

Mr Halter tabled and distributed information regarding waste to Councillors. Mr Halter questioned if the Shire has considered more efficient ways of trucks travelling to and from the waste site at Kirwan Road.

Cr Mickel responded that those decisions have not been made, as the Shire is going through the investigative process. Cr Mickel added that Council will be making a decision on the waste facility tonight.

Mr Halter questioned the height that the cells would be compared to the height of the screening trees.

Cr Mickel explained that Council doesn’t have that specific information as of yet.

Mr Halter referred current testing at Kirwan Road, requested by the EPA (Environmental Protection Authority), Mr Halter questioned why did particular tests get prioritised as he believe they are all of high importance.

Mr Sargent responded that priorities were set by Council based on the level of importance those issues which could determine if the site was unsuitable. Mr Sargent added that hydrology tests were pointed out as an important issue, and those tests commenced first.

4. Dr K Nieukerke

Dr Nieukerke questioned the works happening at the Tanker Jetty on 17 December 2019, he questioned if this was testing for demolition, if it was an authorised failure. Dr Nieukerke also questioned the implications of this collapse.

Mr Scott responded that the works were not a test, a part of the deconstruction methodology requires the removal of rails and light poles. Mr Scott added there were concerns of removing these materials safely around the pile group 92 to 96. H& H Architects, the Heritage Council WA and Work Safe were contacted. Mr Scott added that anything the falls onto the ocean flow will remain there as stated in the deconstruction methodology.

5. Mr T Gray

Mr Gray questioned what was planned for the installation, and if it would be an effective upgrade.

Cr Mickel responded that the existing CCTV was installed some ten (10) years ago. He added that the footage is stored at the police station, Council and Shire staff have no access to the footage.

Mr Gray questioned if Council has researched policies that other Councils have in regards to CCTV.

Cr Mickel responded that staff are currently drafting a policy and a masterplan.

Mr Gray questioned if there is any audit the Shire can do to see if what they are doing is compliant.

Mr Scott responded that Council can create policies, but cannot control other agencies, and how they operate. Mr Scott explained that the Shire is just a facilitator in this process, as the Police Force are not able to apply for this sort of federal funding. Mr Scott added that arrangements have been in place with the Police since 2009, and they have strict controls in place.

Mr Gray questioned if the Shire buys and installs the equipment.

Cr Mickel confirmed the Shire is buying and installing equipment. Cr Mickel requested if Mr Gray knew of any good policies other Councils have with regards to CCTV to please forward them to Council. Cr Mickel added that a number of Councillors were concerned about the amount of criminal activity in the CBD and came up with as a priority in Councils review of the Strategic Plan.

Mrs Brown and Ms Brierley left the Chamber at 4.31pm and did not return.

Mr Halter left the Chamber at 4.32pm and did not return.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr Parker

Seconded: Cr McMullen

O1219-260

That the Minutes of the Ordinary Council Meeting of the 26 November 2019 be confirmed as a true and correct record.

That the Minutes of the Ordinary Council Meeting of the 26 November 2019 be confirmed as a true and correct record as amended.

CARRIED

F9 - A0

Reason: Council wanted to amend the voting on item 12.1.1 of the November Ordinary Council Meeting to show that Cr Piercey voted against the motion.

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

30 Dec Attended Edge of the Bay Festival

1 Dec Attended Seniors Christmas Dinner

10 Dec Attended Castletown Primary School Graduation

10 Dec Attended Our Lady Star of the Sea Mass & Awards Ceremony

12 Dec Attended Our Lady Star of the Sea Mass & Awards Ceremony

Cr Obourne

26 Nov Attended ECS Concert

27 Nov Attended Esperance Senior High School Graduation

28 Nov Attended Community Consultation – Youth Precinct Masterplan

29 Nov Attended EWLN

30 Nov Attended Edge of the Bay Festival

1 Dec Attended Christmas Seniors Dinner

3 Dec Attended ECS Awards

6 Dec Attended Ocean Safety Meeting

8 Dec Attended Esperance Christmas Pageant and moving movies

9 Dec Meeting with ECCI & Tourism Esperance

9 Dec Attended Wongutha Caps Graduations Awards

16 Dec Attended Ocean Safety Meeting

Cr O’Donnell

30 Dec Attended Edge of the Bay Festival

1 Dec Attended Seniors Christmas Dinner

2 Dec Viewing Demolition Contract

4 Dec Attended Tourism 2030 Strategy Forum

4 Dec Attended Tourism Sundowner

9 Dec Meeting with ECCI & Tourism Esperance

9 Dec Attended Wongutha Caps Graduations Awards

10 De Tour-Depot- Jetty Timbers

12 Dec Attended Volunteers Christmas Dinner

17 Dec Attended Nulsen Primary School Awards Ceremony

Cr Parker

1 Dec Attended Seniors Christmas Dinner

9 Dec Meeting with ECCI & Tourism Esperance

9 Dec Attended & presented at Wongutha Caps Graduation & Awards Night

Cr Graham

21 Nov Attended Business After Hours at Esperance Lotteries House

4 Dec Attended Tourism Sundowner

13 Dec Esperance Primary School Graduation

Cr Payne

27 Nov Esperance Senior High School Graduation

9 Dec Meeting with ECCI & Tourism Esperance

17 Dec Attended Nulsen Primary School Awards Ceremony

Cr McMullen

30 Nov Attended Edge of the Bay Festival

1 Dec Attended Seniors Christmas Dinner

Cr Piercey

27 Nov Attended Esperance Senior High School Awards

30 Nov Attended Edge of the Bay Festival

1 Dec Attended Seniors Christmas Dinner

2 Dec Attended at Shire offices to read jetty demolition contract

4 Dec Attended Tourism Esperance meeting

4 Dec Attended Tourism Sundowner

9 Dec Attended Wongutha Awards

13 Dec Attended Esperance primary School Awards

17 Dec Attended Castletown Primary School Awards

Cr Mickel

27 Nov Attended LEMC meeting

28 Nov RCAWA - Alliance Meeting and AGM

30 Nov Opened the Edge of the Bay Festival

1 Dec Made Welcome address at the Seniors Christmas Dinner

3 Dec Conducted Citizenship Ceremony

4 Dec Attended the Tourism 2030 Strategy Forum

4 Dec Met with RAC for contract signing

4 Dec Tourism Sundowner

4 Dec Met Marcus Falconer from AGO for Dinner

9 Dec Meeting with ECCI & Tourism Esperance

9 Dec Lunch with GEDC Board

11 Dec Met with Darren West

12 Dec Attended IGO - Work Experience Presentation

12 Dec Attended Esperance Home Care Volunteer Christmas Dinner

13 Dec Attended Esperance Home Care Client Christmas Lunch

14 Dec Made Welcoming address at Carols By Candle Light

16 Dec Represented the Shire of Esperance at Salmon Gums Primary School Graduation

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

12.1.1 Development Application - Additions to Outbuilding (Shed) - Lot 522 (64) Ormonde Street, Castletown

Moved: Cr Piercey

Seconded: Cr Obourne

O1219-261

Officer’s Recommendation

That Council, refuse development application Development Application 10.2019.4235.1 for Additions to an Outbuilding (Shed) at Lot 552 (64) Ormonde Street, Castletown on the following grounds:

a) The proposal is inconsistent with the provisions of Local Planning Policy: Outbuildings.

Council Resolution

That Council approve development application Development Application 10.2019.4235.1 for Additions to an Outbuilding (Shed) at Lot 552 (64) Ormonde Street, Castletown subject to the following conditions:

a) Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plans unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

b) The approved outbuilding(s) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

c) All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

d) 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.

e) The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

f) During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

g) 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.

And the following advice notes:

a) THIS IS NOT A BUILDING PERMIT. An application for a building permit or building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

b) The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

c) It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

d) 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.

e) 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.

CARRIED

F9 - A0

Reason: Council wanted to approve the application with conditions.

Mr Distich left the Chamber at 4.37pm.

Mr Distich returned to the Chamber at 4.39pm.

Mr Grey left the Chamber at 4.42pm and did not return.

12.1.2 Development Application - Additions to Outbuilding (Shed) - Lot 155 (12) Amelia Circuit, West Beach

Moved: Cr Obourne

Seconded: Cr McMullen

O1219-262

Officer’s Recommendation

That Council refuse development application Development Application 10.2019.4244.1 for Additions to an Outbuilding (Shed) at Lot 155 (12) Amelia Circuit, West Beach on the following grounds:

The proposal is inconsistent with the provisions of Local Planning Policy: Outbuildings.

Council Resolution

That Council approve development application Development Application 10.2019.4244.1 for Additions to an Outbuilding (Shed) at Lot 155 (12) Amelia Circuit, West Beach subject to the following conditions:

c) All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

f) During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

And the following advice notes:

f) THIS IS NOT A BUILDING PERMIT. An application for a building permit or building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

g) The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

h) It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

i) 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.

j) 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.

CARRIED

F9 - A0

Reason: Council wanted to approve the application with conditions.

12.1.3 Development Application - Proposed Dwelling and Change of Use of Dwelling to Ancillary Accommodation - Lot 427 Canning Drive, Pink Lake

Moved: Cr McMullen

Seconded: Cr Parker

O1219-263

Officer’s Recommendation

That Council refuse Development Application 10.2019.4096.1 for retrospective approval of a Dwelling and a change of use for the existing Dwelling to Ancillary Accommodation at Lot 427 Canning Drive, Pink Lake.

1. Group Dwellings is an ‘X’ or Not Permitted Use in the Rural Residential zone.

2. The proposal is not consistent with the provisions of Local Planning Policy: Ancillary Accommodation.

Council Resolution

That Council approve development application Development Application 10.2019.4096.1 for retrospective approval of a Dwelling and a change of use for the existing Dwelling to Ancillary Accommodation at Lot 427 Canning Drive, Pink Lake subject to the following conditions:

1. Development shall be carried out and fully implemented in accordance with the details indicated on the stamped approved plans unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. The land and buildings the subject of this approval shall be used for the purposes of Dwelling and Ancillary Dwelling only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer below definition as extracted from the Residential Design Codes).

· Dwelling – A building or portion of a building being used, adapted, or designed or intended to be used for the purpose of human habitation on a permanent basis by a single person, a single family, or no more than six persons who do not comprise a single family.

· Ancillary dwelling - Self-contained dwelling on the same lot as a single house which may be attached to, integrated with or detached from the single house.

3. During construction stage, implementation and/or remediation stages, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

4. This approval to establish Ancillary Accommodation on the subject land shall not be viewed as providing a basis for subdivision of the land (either strata subdivision or fee simple (green title)) to create a separate title for the ancillary accommodation.

5. A minimum of three (3) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

6. The driveway/accessway shall be constructed and maintained to an all-weather standard (e.g. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

7. All stormwater and drainage run off from all roofed and impervious areas is to be retained on-site to the satisfaction of the Shire of Esperance (Building Services).

8. 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.

9. The approved development shall provide a potable water supply with a capacity of not less than 120,000 litres. A building permit is required for a water storage tank with a capacity of over 5,000 Litres.

10. Prior to any application for a Building Permit or BUILDING APPROVAL BEING RECEIVED, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Esperance (Health Services), in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

11. Prior to the commencement of development, the existing effluent disposal system(s) shall be decommissioned in accordance with Division 3 of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. Contact Shire Esperance (Environmental Health Services) to obtain the decommission form to be filled in. A pump-out receipt from a licensed liquid waste contractor will need to be provided with form as proof of decommissioning.

12. The works involved in the implementation of the development must not cause sand drift and/or dust nuisance. In the event that the Shire of Esperance is aware of, or is made aware of, the existence of a dust problem, measures such as installation of sprinklers, use of water tanks, mulching, or other land management systems as appropriate may be required to be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and manner directed by the Shire of Esperance (Environmental Health Services).

13. During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

14. 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.

15. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

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

And the following advice notes:

k) THIS IS NOT A BUILDING APPROVAL CERTIFICATE. An application for a building approval certificate is required to be submitted and approved by the Shire of Esperance (Building Services) prior to any works commencing on-site.

l) The development is to comply with the Building Code of Australia, Building Regulations and the Local Government Act.

m) It is the responsibility of the applicant to ensure that building setbacks correspond with the legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Esperance will take no responsibility for incorrectly located buildings.

n) 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.

o) 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.

p) The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

· The site has been identified as being located within the Priority 2 area within a public drinking water source area where only one on-site effluent disposal system is permitted per property and furthermore effluent disposal is limited by Water Quality Protection Note 25 - Land Use Compatibility in Public Drinking Water Source Areas and Water Quality Protection Note No. 70 – Wastewater Treatment and Disposal – Domestic Systems.’

q) The development the subject of this development approval is required to comply with the Shire Esperance Health Local Laws 2009.

CARRIED

F9 - A0

Reason: Council wanted to approve the application with conditions.

12.1.4 Proposed Management Order Reserve 3473 and Road Closure of Unnamed Road

Moved: Cr Parker

Seconded: Cr McMullen

O1219-264

Council Resolution

That Council:

1. Request the Minister for Lands under Section 41 of the Land Administration Act 1997 to grant management of Reserve 3473 to the Shire of Esperance retaining the current purpose of the Reserve.

2. Commence the road closure process for an unnamed road surrounded by Reserve 3473 in accordance with Section 58 of the Land Administration Act 2007.

CARRIED

F9 - A0

Mr Hindley left the Chamber at 4.45pm and did not return.

12.2 Asset Management

12.2.1 Expression of Interest - Esperance Civic Centre Public Art

Moved: Cr Piercey

Seconded: Cr Chambers

O1219-265

Council Resolution

That Council:

1. Do not proceed to next phase for the Expression of Interest for 0172-19 Esperance Civic Centre Develop & Implement Façade Artwork; and

2. Engage a qualified public art professional to guide the process and delivery for the Esperance Civic Centre public artwork.

CARRIED

F9 - A0

12.3 Corporate Resources

12.3.1 Outstanding Rates - Debt Collection - GPC List

Moved: Cr Chambers

Seconded: Cr Parker

O1219-266

Council Resolution

That Council acknowledge the outstanding ratepayers that have progressed to the next stage of debt collection procedure – General Procedure Claim (GPC).

CARRIED

F7 – A2

(Against Cr Mickel & Cr Piercey)

Mr & Mrs Green left the Chamber at 4.47pm and did not return.

12.3.2 Lease - Fuel Facility - Airport - BP

Moved: Cr McMullen

Seconded: Cr Graham

O1219-267

Officers Recommendation

1. Lease a portion of Lot 15 Coolgardie-Esperance Highway Gibson to BP Australia Pty Ltd;

2. The term of the lease being 10 years with a further terms of 5 years;

3. Annual rent being $4,227.30 Inc GST, including annual increases based on CPI;

4. Lease preparation fee payable of $565 Inc GST; and

5. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995.

AMENDMENT

Moved: Cr Payne

Seconded: Cr O’Donnell

That Council include a sixth dot point stating Engage in discussions with BP to provide a facility for mobile fuel tanks refuelling of AVGAS.

CARRIED

F9 - A0

The amendment became the substantive motion..

Council Resolution

That Council agrees to;

1. Lease a portion of Lot 15 Coolgardie-Esperance Highway Gibson to BP Australia Pty Ltd;

2. The term of the lease being 10 years with a further terms of 5 years;

3. Annual rent being $4,227.30 Inc GST, including annual increases based on CPI;

4. Lease preparation fee payable of $565 Inc GST; and

5. The disposition being advertised in accordance with s3.58 of the Local Government Act 1995.

6. Engage in discussions with BP to provide a facility for mobile fuel tanks refuelling of AVGAS.

CARRIED

F9 - A0

Reason: Council wanted to in explore the possibility of providing a refuelling facility for mobile fuel tanks.

12.3.3 Policy Review - Asset Management

Moved: Cr Piercey

Seconded: Cr O'Donnell

O1219-268

Officer’s Recommendation

That Council endorse the Asset Management Policies inclusive of amendments, inclusions and deletions as reviewed.

Council Resolution

That Council endorse the Asset Management Policies inclusive of amendments, inclusions and deletions as reviewed with the following changes:

Removal of the sentence in ASS 008 – The maintenance of the street verge is the responsibility of the adjacent landowners.

CARRIED

F9 - A0

Reason: Council wanted to remove the Officers proposed sentence in ASS 008: Road Verge Development.

12.3.4 Financial Services Report - November 2019

Moved: Cr McMullen

Seconded: Cr Chambers

O1219-269

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of November 2019 as attached be received.

CARRIED

F9 - A0

12.3.5 Adoption of 2018/2019 Annual Report

Moved: Cr Parker

Seconded: Cr McMullen

O1219-270

Council Resolution

That Council:

1. Accepts the 2018/2019 Shire of Esperance Annual Report as presented

2. Convenes the Annual General Meeting of electors for 7pm Tuesday 4 February 2019 at the Esperance Civic Centre

3. Requests that the Chief Executive Officer, pursuant to sections 5.29 and 5.55 of the Local Government Act 1995, provide the requisite statutory local public notice of the acceptance of the 2018/2019 Shire of Esperance Annual Report and the time and date of the Annual General Meeting of Electors.

CARRIED

F9 - A0

Mr Western left the Chamber at 5.09pm and did not return.

12.4 Executive Services

12.4.1 Information Bulletin - November 2019

Moved: Cr McMullen

Seconded: Cr Piercey

O1219-271

Council Resolution

That Council accepts the Information Bulletin for November 2019:

1. Corporate Performance Report - November 2019

2. Register - Delegations Discharge - Corporate Resources

CARRIED

F9 - A0

13. Reports Of Committees

Nil

14. Motions of which Notice has been Given

Motion

Moved: Cr Payne

Seconded: Cr Obourne

O1219-272

That Council

1. As soon as possible the Shire shall erect a permanent sign at the 4WD beach entrance at Wylie Bay advising beach users to check online for recent shark sightings and providing details of how to do this.

2. All temporary shark warning signage erected by the Shire of Esperance is to include the date of the last white shark sighting.

Council Resolution

That Council

2. All temporary shark warning signage erected by the Shire of Esperance is to include information on how to access the Sharksmart website to check for recent shark sightings.

3. Develop a written shark response policy.

CARRIED

F9 – A0

Mr D left the Chamber at 5.15pm and did not return.

Miss Shaddick entered the Chamber at 5.22pm.

Motion

Published Motion

That Council

1. Cease all work on the land at 12 Kirwan Road until such time as Councillors have been fully briefed on the matter.

2. Said briefing to be held at the Agenda Briefing in January 2020.

MOTION

Moved: Cr Piercey

Seconded: Cr Graham

That Council

1. Not commence any new work on the land at Lot 12 Kirwan Road apart from gravel exploration until such time as Councillors have been fully briefed on the matter.

2. Said briefing to be held by the Agenda Briefing in January 2020.

AMENDMENT

Moved: Cr Obourne

Seconded: Cr Payne

O1219-273

That Council remove dot point two of the motion.

CARRIED

F8 – A1

(Against Cr Piercey)

The amendment became the substantive motion..

Council Resolution

That Council not commence any new work on the land at Lot 12 Kirwan Road apart from gravel exploration until such time as Councillors have been fully briefed on the matter.

CARRIED

F9 – A0

Cr Piercey left the Chamber at 5.22pm and did not return.

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Cr Payne referred to the current Jetty works, she questioned if the Shire is receiving marine engineer expertise or if Council has any person advising them.

Mr Walker responded that Work Safe is the responsible agency and agreed to making the structure safe was the best option. Mr Walker explained that this was a controlled collapse to avoid an uncontrolled collapse occurring over the Christmas period. Mr Walker stated that the contractor has a class two (2) demolition licence and will be contracting in Maritime for the class one (1) approach.

Cr Payne questioned if the Shire has its own advisor.

Mr Walker responded that the Shire seeks advice from Work Safe when necessary.

Cr Mickel wanted to clarify if debris falls onto the ocean floor, does it stay there.

Mr Walker confirmed that is the agreed upon methodology.

16. Urgent Business Approved by Decision

Motion

Moved: Cr Parker

Seconded: Cr Chambers

O1219-273

That Council accept the following late item:

16.1 Deconstructed Esperance Tanker Jetty Timbers

CARRIED

F8 – A0

Mr O’Dwyer left the Chamber at 5.31pm and did not return.

16.1 Deconstructed Esperance Tanker Jetty Timbers

Moved: Cr McMullen

Seconded: Cr Parker

O1219-274

That Council endorse the following table of actions, for each grade of historic timber that comes of the Esperance Tanker Jetty:

Timber Grade	Action
1	Stockpile, until deconstruction is complete
2	Stockpile, until deconstruction is complete
3	Expression of Interests to donate historic timber for projects that demonstrate community benefit
4	Expression of Interest to donate historic timber to a community group to manage distribution to the community or others

AMENDMENT

Moved: Cr Payne

Seconded: Cr O’Donnell

That Council include a sixth dot point stating that the EOI go out after the new year.

WITHDRAWN

Suspension of Standing Orders

Moved: Cr Payne

Seconded: Cr Obourne

O1219-275

That Section Nine (9.5) of the Standing Orders be suspended to allow for discussion of item 16.1 as per section 19.1 of the Standing orders.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved: Cr McMullen

Seconded: Cr Chambers

O1219-276

That Standing Orders be resumed.

CARRIED

F8 - A0

Council Resolution

That Council endorse the following table of actions, for each grade of historic timber that comes of the Esperance Tanker Jetty:

Timber Grade	Action
1	Stockpile, until deconstruction is complete
2	Stockpile, until deconstruction is complete
3	Expression of Interests to donate historic timber for projects that demonstrate community benefit
4	Expression of Interest to donate historic timber to a community group to manage distribution to the community or others

CARRIED

F8 - A0

Miss Smith, Miss Shaddick & Mr McKenzie left the Chamber at 5.40pm and did not return.

Mr Nieukerke left the Chamber at 5.50pm and did not return.

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr McMullen

Seconded: Cr Parker

O1219-277

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 Esperance Mountain Bike Site Feasibility Study

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

F8 - A0

17.1 Esperance Mountain Bike Site Feasibility Study

Moved: Cr Chambers

Seconded: Cr McMullen

O1219-278

Council Resolution

That Council:

1. Awards the Request for Quote 0210-19 Esperance Mountain Bike Site Feasibility Study to Common Ground Trails Pty Ltd as per the lump sum price; and

2. Approves a budget variation as detailed below:

Description		Budget Figure	Amended Figure	Variation
Mountain Bike Site Selection Study	W3249	15,000	35,000	20,000
Priority Projects Reserve		0	(20,000)	(20,000)
Net result				Nil

CARRIED

F7 – A1

(Against Cr O’Donnell)

Coming from behind closed doors

Moved: Cr Parker

Seconded: Cr Chambers

O1219-279

That the meeting come from behind closed doors.

CARRIED

F8 - A0

The Presiding Member read aloud the following Resolution;

18. PUBLIC QUESTION TIME

Nil

19. CLOSURE

The President declared the meeting closed at 5.55pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated_____________________