Shire of Esperance

 

Ordinary Council

Wednesday 26 April 2017

MINUTES

 

 

 

 

 

 

 

 

DISCLAIMER

 

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

 

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

      

ATTACHMENTS

 

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

 

 

Table of Contents / Index

 

1.         OFFICIAL OPENING   5

2.         ATTENDANCE  5

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  5

4.         APPLICATIONS FOR LEAVE OF ABSENCE  5

5.         ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION   6

6.         DECLARATION OF MEMBERS INTERESTS  6

6.1            Declarations of Financial Interests – Local Government Act Section 5.60a  6

6.2            Declarations of Proximity Interests – Local Government Act Section 5.60b  6

6.3            Declarations of Impartiality Interests – Admin Regulations Section 34c  6

7.         PUBLIC QUESTION TIME  6

8.         PUBLIC ADDRESSES / DEPUTATIONS  6

9.         Petitions  7

10.      CONFIRMATION OF MINUTES  7

11.      DELEGATES’ REPORTS WITHOUT DISCUSSION   7

12.      MATTERS REQUIRING A DETERMINATION OF COUNCIL  8

12.1.1     Review of Local Planning Policies  9

12.1.3     Proposed Road Closure - Portions of Lake Road Myrup and Dedication - Portions of Reserve 15231 Myrup  10

12.1.4     Development Application - Recreation - Private (Personal Training and Fitness) - Lot 734 (13) Mondrain Avenue, Castletown  10

12.2.1     Esperance Town Centre Parking, Traffic and Pedestrian Strategy  11

12.3.1     Revestment of Circle Valley Township Properties to the Crown  11

12.3.3     Financial Services Report - March 2017  12

12.4.1     Information Bulletin - March 2017  12

12.1   External Services  12

12.1.2     Local Planning Strategy - Support with Modifications  12

12.1.5     Budget Amendment - Building Extension Gibson Bush FIire Brigade  13

12.2   Asset Management  13

12.2.2     Budget Amendment - Youth Activities - Skate Clinics  13

12.3   Corporate Resources  14

12.3.2     Long Term Financial Plan Review   14

12.4   Executive Services  14

13.      Reports Of Committees  14

14.      Motions of which Notice has been Given   14

15.      MEMBERS QUESTIONS WITH OR WITHOUT NOTICE  14

16.      Urgent Business Approved by Decision   14

17.      Matters behind Closed Doors  14

17.1       Outstanding Rates - Legal action on assessment 33175

18.      PUBLIC QUESTION TIME  15

19.      CLOSURE  15

 

 

 

 

1.       OFFICIAL OPENING

The Shire President declared the meeting open at 4:00pm

 

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

 

2.       ATTENDANCE

Members

Cr V Brown                                       President                  Rural Ward

Cr N Bowman                                   Deputy President      Rural Ward

Cr P Griffiths                                                                     Town Ward

Cr K Hall                                                                            Town Ward

Cr L McIntyre                                                                    Town Ward

Cr B Parker                                                                        Rural Ward

Shire Officers

Mr W M (Matthew) Scott                   Chief Executive Officer

Mr M Walker                                     Director Asset Management

Mr T Sargent                                    Director External Services

Mr R Meerman                                 Acting Director Corporate Services

Miss S Fitzgerald                              Administration Officer

Members of the Public & Press

Ms J Morcombe                                Item 12.2.1

Mr S Gibbs                                       The Esperance Express

 

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Cr R Padgurskis            Town Ward                                       Granted Leave

Cr B Stewart, JP            Town Ward                                       Apology

Cr J Parsons                  Town Ward                                       Apology

Mr S Burge                    Director Corporate Resources          Apology

 

4.       APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved:           Cr Bowman Seconded:     Cr Griffiths   O0417-063   That Council approve the following applications for leave of absence: Cr Kevin Hall                5 May until 31 May 2017 Cr Lara McIntyre          25 August until 21 September 2017 CARRIED F6 - A0

5.       ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

5.1 Fatal Shark Incident – 17 April 2017

The Shire President extended sincere condolences to the family and friends of Laeticia Maree Brouwer who lost her life surfing at Wylie Bay on Monday April 17. She commended and thanked local volunteer paramedics, police, emergency services  and the general public for their efforts to save Laeticia. She continued that the local surfing community had organised a paddle out in memory of Laeticia. 73 surfers entered the water as our community watched from the shore. This act is another example of how our Community comes together to support each other in times of tragedy.

6.       DECLARATION OF MEMBERS INTERESTS

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

All Councillors declared a financial interest in item 12.1.1 as they own land within the Shire of Esperance boundaries.

Mr Scott declared a financial interest in item 12.1.1 as he owns land within the Shire of Esperance boundaries.

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

Nil

6.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Bowman declared an impartiality interest in item 12.1.1 as she operates short term accommodation.

Cr Hall declared an impartiality interest in item 12.2.1 as he is the owner of commercial premises in the CBD.

Cr Griffiths declared an impartiality interest in item 12.1.1 as he operates short term accommodation.

 

7.       PUBLIC QUESTION TIME

Nil

 

8.       PUBLIC ADDRESSES / DEPUTATIONS

The following email was tabled at the meeting in regards to item 12.1.4 on behalf of Ms R Diver who was unable to attend.

Dear Councillors,

I apologise for my absence at the Ordinary Council Meeting today, unfortunately due to short notice and prior family commitments I am travelling home to Esperance from Perth today.

I respectfully request that in my absence that the Esperance Shire Councillors give due consideration to Option 2 (Page 96&97 of Item 12.1.4).

It would be extremely beneficial for me as a current sole parent of four young children to be able to utilise my place of residence to provide personal training to my existing clients (all of whom were volunteers from my Certificate IV in Fitness studies) and continue to develop my skills as a Personal Trainer.

As sighted by the Officer when addressing the one objection made in relation to this proposal (Page 96) there is no substantial grounds that could not be addressed by staying within the proposals initial application outline with the addition of the conditions listed in Option 2.

Additionally, I would respond to the reasoning mentioned in Option 1; “The proposed use would have a material impact upon the amenity and character of the area”.

The definition of Material :-

(Adjective)

1.) Denoting or consisting of physical objects rather than the mind or spirit.

2.) Significant; important

The definition of Amenity :-

(Noun)

1.) A desirable or useful feature or facility of a building or place

2.) The pleasantness or attractiveness of a place

As the proposal requires no physical changes to any structure, nor any other changes regarding activities undertaken at the given address, the acceptance of the proposal (Option2) will not detract on the pleasantness or attractiveness or character of any buildings or property.

As I am also willing to comply with all conditions listed in Option 2; there should be no detraction of the pleasantness or attractiveness or character of Mondrain Avenue or Castletown itself upon the acceptance by the council of this proposal.

Additionally, I would sight that physical exercise has not been listed officially as an undesirable use of a residential property.

I was unaware that this request conflicted with Draft Local Planning Scheme No.24; however, I would respectfully request that my application be considered based on existing finalised and accepted documentation; as the Draft Local Planning Scheme No.24 has not been officially accepted in a finalised format by council it may still be subject to change.

I emphasise again that I would happily comply with all conditions sighted within Option 2 (acceptance of the proposal with conditions).

I would like to take this opportunity to thank you all for your time and consideration of this proposal; I look forward to your response.

Kind Regards,

Rebecca Diver

 

9.       Petitions

Nil 

10.     CONFIRMATION OF MINUTES

Moved:           Cr Griffiths Seconded:     Cr Parker   O0417-064 That the Minutes of the Ordinary Council Meeting of the 28 March 2017, the Special Council Meeting of the 11 April 2017, and the Special Council Meeting of the 12 April 2017 be confirmed as true and correct records. CARRIED F6 - A0

 

11.     DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr McIntyre

4 Apr        Attended Presentation by the Merivale Tip Action Group

6 Apr        Attended the Over the Horizon Conference hosted by the ECCI

7 Apr        Met with Hon. David Templeton, Minister for Local Government/Heritage

8 Apr        Attended ECSLSC Senior Awards Night

12 Apr      Attended Lake Monjingup Community Development Group Meeting

13 Apr      Attended Blessing of the Roads hosted by Esperance Roadwise committee

16 Apr      Attended the Esperance Triathlon Event

20 Apr      Attended the ECCI Business After Hours hosted by Max Solutions

20 Apr      Attended South Coast Management Group Executive Committee Meeting

Cr Hall

3 Apr        Attended Esperance Visitor Centre Management Committee Meeting

7 Apr        Met with Hon. David Templeton, Minister for Local Government/Heritage

7 Apr        Met with Hon. Darren West MLC, Member for Agricultural

25 Apr      Attend ANZAC Day Commemorations at RSL Memorial

Cr Bowman

4 Apr        Attended Presentation by the Merivale Tip Action Group

6 Apr        presented at and attended Over the Horizon conference

7 Apr        Met with Hon. David Templeton, Minister for Local Government/Heritage

7 Apr        Met with Hon. Darren West MLC, Member for Agricultural

23 Apr      Attended commemorative Paddle Out for Laeticia Brouwer

25 Apr      Attended ANZAC Day Dawn Service in Grass Patch

25 Apr      Attend ANZAC Day Commemorations at RSL Memorial

Cr Brown

30 Mar      GEDC meeting Kalgoorlie

31 Mar      met with Hon Darren West MLC re Tanker Jetty and Shire issues

4 Apr        Attended Presentation by the Merivale Tip Action Group

6 Apr        presented at and attended Over the Horizon conference

7 Apr        Met with Hon. David Templeton, Minister for Local Government/Heritage

7 Apr        Met with Hon. Darren West MLC, Member for Agricultural

13 Apr      Attended Blessing of the Roads hosted by Esperance Roadwise committee

18 Apr      Conducted Citizenship Ceremony for Jacoba Venter

21 Apr      Attended GVROC Teleconference

25 Apr      Attend ANZAC Day Commemorations at RSL Memorial

 

12.     MATTERS REQUIRING A DETERMINATION OF COUNCIL

Motion

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-065   That Council move the following items forward and consider them en bloc: 12.1.1    Review of Local Planning Policies 12.1.3    Proposed Road Closure - Portions of Lake Road Myrup and Dedication - Portions of Reserve 15231 Myrup 12.1.4    Development Application - Recreation - Private (Personal Training and Fitness) - Lot 734 (13) Mondrain Avenue, Castletown 12.2.1    Esperance Town Centre Parking, Traffic and Pedestrian Strategy 12.3.1    Revestment of Circle Valley Township Properties to the Crown   12.3.3    Financial Services Report - March 2017 12.4.1    Information Bulletin - March 2017 CARRIED F6 - A0

 

 

enbloc

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-066   That Council adopt the officer’s recommendations for the following items: 12.1.1    Review of Local Planning Policies 12.1.3    Proposed Road Closure - Portions of Lake Road Myrup and Dedication - Portions of Reserve 15231 Myrup 12.1.4    Development Application - Recreation - Private (Personal Training and Fitness) - Lot 734 (13) Mondrain Avenue, Castletown 12.2.1    Esperance Town Centre Parking, Traffic and Pedestrian Strategy 12.3.1    Revestment of Circle Valley Township Properties to the Crown   12.3.3    Financial Services Report - March 2017 12.4.1    Information Bulletin - March 2017 CARRIED F6 - A0

 

12.1.1         Review of Local Planning Policies

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-067 Council Resolution That Council: 1.    In accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed to amend the Bed and Breakfast Establishments Establishments Local Planning Policy without modification as per Attachment A: 2.    In accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed to amend the Holiday Homes Local Planning Policy subject to the following modifications as shown in Attachment B: a.    Amend Cl 2.1 so that the word ‘owner’ is replaced with ‘owners/strata owners’. b.    Add a new paragraph under Cl 2.1 with ‘Any Application for Development Approval form will need to be signed by all strata owners or the body corporate regardless. c.    Add a new paragraph under Cl 3.1 with ‘A condition will be placed on all development approvals requiring that the applicant provide adjoining landowners with a copy of the Property Management Plan.’ d.    Amend Cl 3.2 to identify the standard for smoke alarms for a Class 1B building. 3.    In accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed to amend the Ancillary Accommodation Local Planning Policy subject to the following modifications as shown in Attachment C: a.    Amend Cl 1 so that the number ‘70’ is replaced with ‘80’. b.    Insert as a new section after Cl 2 as follows: ‘Permitted Variation Where an ‘Ancillary Accommodation’ unit is proposed in a zone other than ‘Residential’ that exceeds the plot ratio area stated in point 1, a variation of more than 25% many be permitted subject to the advertising requirements of Clause 64 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.’ CARRIED F6 - A0

 

12.1.3         Proposed Road Closure - Portions of Lake Road Myrup and Dedication - Portions of Reserve 15231 Myrup

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-068 Council Resolution That Council: 1.       Request the Minister of Lands to close a portion of the road reserve known as a portion of Lake Road, Myrup and shown on Attachment A, in accordance with Section 58 (1) of the Land Administration Act 1997. 2.       Request the Minister of Lands to amalgamate the portion of closed road shown on Attachment A into Reserve 15231. 3.       Request the Minister of Lands to dedicate portions of Reserve 15231 shown on Attachment B as road reserve under Section 56 of the Land Administration Act 1997. 4.       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 for the road dedication. CARRIED F6 - A0

 

12.1.4         Development Application - Recreation - Private (Personal Training and Fitness) - Lot 734 (13) Mondrain Avenue, Castletown

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-069 Council Resolution That Council refuse development application Development Application 10.2017.3415.1 for Recreation – Private (Personal Training and Fitness) at Lot 734 (13) Mondrain Avenue, Castletown on the following grounds: 1.   The proposed use would have a material impact upon the amenity and character of the area. 2.   The proposal conflicts with Council resolution O0117-014 for the reclassification of Recreation – Private as a Not Permitted land use in the Residential zone under Local Planning Scheme No. 24. CARRIED F6 - A0

 

12.2.1         Esperance Town Centre Parking, Traffic and Pedestrian Strategy

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-070 Council Resolution That Council 1.  Adopt the Esperance Town Centre Parking, Traffic & Pedestrian Strategy 2.  Endorse Esperance Town Centre Parking, Traffic & Pedestrian Strategy Implementation Plan CARRIED F6 - A0

 

 

 

 

 

 

 

12.3.1         Revestment of Circle Valley Township Properties to the Crown

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-071 Council Resolution That Council for Lots 1-11 (inclusive) on Diagram 8540 1.   Consider allocating $10,000 in the 2017/18 budget to remediate the land and subject to the budget allocation 2.   Remediate the land by removing all asbestos containing material (ACM) and 3.   Revest the land with the Crown as per Section 6.74 of the Local Government Act 1995 and 4.   Close adjoining streets Machin, Bach and Lewis under Section 58 of the Land Administration Act 1997. CARRIED F6 - A0

 

12.3.3         Financial Services Report - March 2017

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-072 Council Resolution That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of March 2017 as attached be received. CARRIED F6 - A0

 

12.4.1         Information Bulletin - March 2017

Moved:           Cr McIntyre Seconded:     Cr Hall   O0417-073 Council Resolution That Council accepts the Information Bulletin for March 2017 and; 1.    Register - Delegations Discharge - Corporate Resources 2.    Minutes – GVROC CEO Group Meeting – 24 March 2017 3.    Interplan Report  - March 2017 CARRIED F6 - A0

 

 

12.1   External Services

The CEO read aloud a letter from Ms Jenni Law, of the Department of Local Government and Communities. The letter gave permission for four Councillors with a financial interest in item 12.1.2 to fully participate in the discussion and decision making, subject to conditions. A copy of the letter is attached. The CEO advised that due to a lack of quorum, this item would need to be withdrawn.

12.1.2         Local Planning Strategy - Support with Modifications

This item was withdrawn due to the lack of a quorum. It will be tabled at a Special Council Meeting on 2 May 2017

 

12.1.5         Budget Amendment - Building Extension Gibson Bush Fire Brigade

Moved:           Cr McIntyre Seconded:     Cr Parker   O0417-074 Council Resolution That Council; 1.    Accepts the grant funding amount of $39,950 from the Goldfields – Esperance Development Commission for the Gibson Bush Fire Brigade, being for a shed extension and wash down bay, 2.    Amend the 16/17 Budget as follows; Description Budget Figure Amended Figure Variation Fire Prevention – Capital Grants 01-8100-150-760 (104,027) (143,977) (39,950) Fire Prevention - Purchases 01-8100-705-660 134,027 173,977 39,950 Net result 0 CARRIED F6 - A0

 

12.2   Asset Management

12.2.2         Budget Amendment - Youth Activities - Skate Clinics

Moved:           Cr Griffiths Seconded:     Cr Hall   O0417-075 Council Resolution That Council approve the budget variation for Tailtap Skate Clinic(s) Project as per the table below; Description Budget Figure Amended Figure Variation Southern Ports Authority   $ 0 ($ 1,500) ($1,500) Horizon Power   $ 0 ($ 1,500) ($1,500) Youth Week Grant W2399 $ 1,000 $ 4,000 $ 3,000 Youth Council Committee W2840 $ 2,000 $2,000 $ 0 Net result $ 0 CARRIED F6 - A0

12.3   Corporate Resources

12.3.2         Long Term Financial Plan Review

Moved:           Cr Griffiths Seconded:     Cr Bowman   O0417-076 Council Resolution That Council 1.    Adopt the Long Term Financial Plan 2017/18 – 2026/27. 2.    Request the Chief Executive Officer give local public notice of the reviewed plan as per the requirements of the Local Government Act 1995. CARRIED F6 - A0

 

12.4   Executive Services

Item 12.4.1 was moved forward in the meeting.

 

13.     Reports Of Committees

Nil

 

14.     Motions of which Notice has been Given

Nil   

 

15.     MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Cr Lara McIntyre

Cr McIntyre referred to a request that had been received to close the beach access tracks between 10 mile lagoon and 11 mile beach. She asked if this request had been actioned.

Mr Walker replied that this request was taken to the Off Road Vehicle Working Party, which had recently become the responsibility of Asset Management. The Working Party had agreed to develop a media release to advise the public of Council’s intention to close the access. This was underway and would be completed in the near future.

 

16.     Urgent Business Approved by Decision

Nil

 

Ms Morcombe and Mr Gibbs left the Chamber at 4:20pm and did not return.

 

17.     Matters behind Closed Doors

Moving behind closed doors

Moved:           Cr Bowman Seconded:     Cr McIntyre   O0417-077 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   Outstanding Rates - Legal action on assessment 33175 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)). CARRIED F6 - A0

 

17.1   Outstanding Rates - Legal action on assessment 33175

Moved:           Cr McIntyre Seconded:     Cr Parker   O0417-078 That Council 1.    Take possession of the land in accordance with Section 6.64 in respect that the rateable land has been unpaid for at least 3 years and cause the land to be transferred to the Shire and 2.    Write off the debt of $2,242.46 for assessment 33175 on completion of taking possession of the land. CARRIED F6 - A0

 

Coming from behind closed doors

Moved:           Cr McIntyre Seconded:     Cr Bowman   O0417-079 That the meeting come from behind closed doors. CARRIED F6 - A0

  

18.     PUBLIC QUESTION TIME

Nil

 

19.     CLOSURE

The President declared the meeting closed at 4:26pm.