Moved:           Cr McIntyre

Seconded:     Cr Parker

O0718-047

Council Resolution

That the Minutes of the Ordinary Council Meeting of the 26 June 2018 be confirmed as a true and correct record as amended.

CARRIED

F7 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-048

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

12.1.2              Minor Amendment - Ancillary Accommodation Local Planning Policy

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

12.1.4              Stop Puppy Farming Consultation

12.3.2              Financial Services Report - June 2018

12.4.1              Information Bulletin - June 2018

13.1                 Minutes of Committees

13.2                 Bush Fire Advisory Committee - Appointment of Fire Control Officers

13.3                 Ralph Bower Adventureland Park Implementation Plan 2018

17.1                 Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

CARRIED

F7 - A0

en bloc

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-049

That Council adopt the officers recommendations for the following items:

12.1.2              Minor Amendment - Ancillary Accommodation Local Planning Policy

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

12.1.4              Stop Puppy Farming Consultation

12.3.2              Financial Services Report - June 2018

12.4.1              Information Bulletin - June 2018

13.1                 Minutes of Committees

13.2                 Bush Fire Advisory Committee - Appointment of Fire Control Officers

13.3                 Ralph Bower Adventureland Park Implementation Plan 2018

17.1                 Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

CARRIED

F7 - A0

12.1.2         Minor Amendment - Ancillary Accommodation Local Planning Policy

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-050

Council Resolution

That Council, in accordance with Clauses 4 and 5(2) 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 as shown in Attachment A.

CARRIED

F7 - A0

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

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-051

Council Resolution

That Council in accordance with Clause 4(3) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) proceed with the ‘Local Planning Policy: Development for which Development Approval Not Required’ without modification as per Attachment A.

CARRIED

F7 - A0

12.1.4         Stop Puppy Farming Consultation

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-052

Council Resolution

That Council endorses the Shire’s response to the State Government “Stop Puppy Farming” consultation paper as per Attachment A.

CARRIED

F7 - A0

12.3.2         Financial Services Report - June 2018

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-053

Council Resolution

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

CARRIED

F7 - A0

12.4.1         Information Bulletin - June 2018

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-054

Council Resolution

That Council accepts the Information Bulletin for June 2018 and;

1.    Corporate Performance Report - Quarterly – April-June 2018

2.    Appreciation Letter - Esperance Clay Target Club

3.    Appreciation Letter - RSLWA Sub-Branch

4.    Letter - Alpha Fine Chemicals - Proposed Nickel Sulphate Plant at Esperance

5.    GVROC Council Meeting Minutes - 29 June 2018

6.    Outstanding Resolutions - Status Report - June 2018

CARRIED

F7 - A0

13.1   Minutes of Committees

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-055

Council Resolution

That Council receive the following unconfirmed committee minutes:

1.  Bush Fire Advisory Committee - 12 June 2018       

2.  Esperance Twin Towns Committee - 18 June 2018

3.  Esperance Roadwise Committee - 25 June 2018

4.  Scaddan Restoration Reference Group - 27 June 2018

5.  Ralph Bower Adventureland Park Working Group - 4 July 2018

CARRIED

F7 - A0

13.2   Bush Fire Advisory Committee - Appointment of Fire Control Officers

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-056

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:

          Chief Bush Fire Control Officer                                          Ashley Stewart

          Deputy Chief Bush Fire Control Officer                             Gavin Egan

          Deputy Chief Bush Fire Control Officer                             Will Carmody

Senior Fire Control Officer – West Zone                                      Will Carmody

          Senior Fire Control Officer – West Coast Zone                 Kingsley Scott

          Senior Fire Control Officer – North Zone                           Rory Graham

          Senior Fire Control Officer – East Zone                             Lyndon Mickel

          Senior Fire Control Officer – East Coast Zone                           

          Senior Fire Control Officer – Urban Rural Zone                Peter Rowe

          Deputy Senior Fire Control Officer – West Zone              

          Deputy Senior Fire Control Officer – West Coast Zone    Peter Luberda

          Deputy Senior Fire Control Officer – North Zone              Chris Hallam

          Deputy Senior Fire Control Officer – East Zone                Phil Longmire

          Deputy Senior Fire Control Officer – East Coast Zone     Adrian Perks

          Deputy Senior Fire Control Officer – Urban Rural Zone   Ron Chambers

CARRIED

F7 - A0

13.3   Ralph Bower Adventureland Park Implementation Plan 2018

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-057

Council Resolution

That Council, based on the community feedback received:

1.  Re-endorse the Ralph Bower Adventureland Park Implementation Plan 2018 unchanged;

2.  Provide formal comment back to community from the feedback received; and

3.  Install pictorial signage showing plan/photos with the logos of all the contributors in the park and advertise the plan on the Shire website.

CARRIED

F7 - A0

17.1   Esperance Home Care Service - Payment of an Alternative Staff Retention Allowance

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-058

Council Resolution

That Council provides a modest benefit to its employees who worked for more than 6 months at the Esperance Home Care Service during the 2017/18 recognising that they do not receive the retention allowance payable to other shire staff. And that benefit will be:

1.   A one off cash payment equal to one dollar per hour worked during the 2017/18 financial year for Level 3 and Level 4 Community Support Workers.

2.   A single gift card or voucher with a value of $299 for a local business for employees Level 5 and above.

CARRIED

F7 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-059

That Council elect Cr Parsons as Presiding Member for item 12.1.1.

CARRIED

F5 - A0

Motion

Moved:           Cr McIntyre

Seconded:     Cr Parsons

O0718-060

That Council split the Officers Recommendation for 12.1.1 into multiple motions to be considered separately.

CARRIED

F5 - A0

12.1.1         Motion 1 - Local Planning Scheme No. 24 - Amendment No. 2 - Support with Modifications

Officer’s Recommendation

That Council:

1.          In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support points 1 – 65, 69 – 74 and 76 of draft Amendment No. 2 with the proposed modifications to address issues raised in the submissions:

a)   Amending Schedule 1 Clause 11 (iii) by replacing the word ‘or’ after ‘half’ with ‘of’.

b)   Amend amendment point 64 by replacing ‘in a zone where the R Codes do not apply’ with ‘in accordance with an adopted Fencing Local Law’.

c)   Amending Schedule A Clause 61 by inserting as point 2:

‘(2)    Development approval of the local government is not required for the following uses—

(g)     Street trading and outdoor eating facilities on public places in accordance with the local laws on trading in thoroughfares and public places (as amended).’

d)   Amend amendment point 56 by replacing ‘irrespective of it being in a Special Control Area unless otherwise specified’ with ‘unless required by a Special Control Area or other provision of the Scheme’.

e)   Amending the Scheme Map by reclassifying a portion of Lot 100 (4) Giles Street, West Beach from ‘Public Open Space’ to ‘Education’

f)    Amend amendment point 36 by replacing ‘Environmental Conservations’ with ‘Environmental Conservation’ and ‘Important Distributor Road’ with ‘Primary Distributor Road’.

g)   Amend amendment point 40 by replacing ‘Clause 5 (g)’ with ‘Clause 4 (f).

h)   Amend the  Scheme Map reclassifying portions of Reserves 25891 and 31540 from ‘Public Open Space’ to ‘Local Distributor Road’

i)    Amending the Scheme Map by reclassifying Reserve 19874 from ‘Rural’ and ‘SCA 10’ to ‘Infrastructure Services’.

j)    Amend the Scheme Map by reclassifying Reserves 2788 and 20044 from ‘Rural’ and ‘SCA 10’ to ‘Environmental Conservation’.

k)   Amend Clause 7 (1)(a) by deleting ‘including any supplementary provisions as outlined in Schedule A of the scheme text’.

l)    Amend Clause 15 (3) by inserting ‘government, public authority or’ before ‘local government’.

m)  Amend Table 4 by adding the land use of ‘Outbuilding’ follows:

n)   Amend Schedule 1 Clause 29(a) by replacing ‘Erection of’ with ‘Irrespective of the classification of an outbuilding as an I use in Table No. 4 the erection of’.

o)   Amend Schedule 1 Clause 29(a) by replacing ‘.’ with ‘; and’.

p)   Amend Schedule 1 Clause 29 by inserting:

‘(b)    Where an outbuilding has been constructed in accordance with subclause (a) it is not to be used for commercial or industrial purposes; and

(c)     Where an outbuilding has been constructed in accordance with subclause (a) it is not to be used for human habitation.’

q)   Amend the Scheme map by reclassifying Reserve 37460 from ‘Rural’ to ‘Local Road’.

r)    Amend the Scheme by inserting a new clause after Clause 4.(d)(ii) in Schedule 2 stating:

(iii)  Despite any other provision of the Scheme planning approval cannot be issued for a development that contains the storage of fuel or chemicals without referral to the Department of Water and Environmental Regulation and the Local Government is to have due regards to recommendations and advice received from that authority when determining applications.

s)   Amend the Scheme by inserting the ‘, Department of Primary Industries and Regional Development’ after ‘Department of Biodiversity Conservation and Attractions’ in SCA 10 (d)(i).

t)    Amend the Scheme by inserting a new clause into SCA 10(d) stating ‘Guidelines of the Commissioner of Soil and Land Conservation (WA) for the protection of landscapes including but not limited to maintenance of soils.’ Note that this modification will require the ‘and’ to be removed from SCA 10(d)(iii) and the ‘.’ replaced with ‘; and’ in SCA 10(d)(iv).

u)   Amend the Scheme by inserting ‘and the Commissioner of Soil and Land Conservation (WA)’ after ‘Department of Water and Environmental Regulation’ in SCA 10 (f)(i).

v)   Amend the Scheme by replacing the ‘ and’ after ‘Department of Biodiversity Conservation and Attractions’ in in SCA 10 (f)(i) with ‘,’.

w)  Amend amendment point 55 by replacing ’28 times’ with ’14 times’ on point 2 of the Development Standard/Conditions.

x)   Amending the Scheme Map to show Lot 185 (37) Foy Street, Esperance as ‘Residential’ with a density of ‘R30’.

y)   Amending the Scheme Map to show SCA4C as per Figure A4 in the Condingup Water Reserve Drinking Water Source Protection Review (Report WRP 164 October 2017).

z)   Amending the Scheme Map to show SCA4-WHPZ for bore 6-83 as per Figure A4 in the Condingup Water Reserve Drinking Water Source Protection Review (Report WRP 164 October 2017).

2.          Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 2 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015 support points 66 – 68 and 75 of the draft Amendment No. 2 with the following modification in addition to those raised in the submissions:

a)      Amend amendment point 66 by replacing ‘Clause 16’ with ‘Clause 17’.

b)      Amend amendment point 67 by replacing ‘Clause 16’ with ‘Clause 17’.

c)      Amend amendment point 68 by replacing ‘Clause 16’ with ‘Clause 17’.

d)      Amend amendment point 68 by replacing  ‘On a site identified as being located within the Priority 2 within a public drinking water source area only one on site effluent disposal  is permitted and furthermore effluent disposal is limited by Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas.’ With ‘On a site identified as being located within the Priority 2 or 3 area within a public drinking water source area only one on site effluent disposal system is permitted 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.’

e)      Amend amendment point 75 by replacing ‘Clause 35’ with ‘Clause 36’.

3.          Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 2 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following modifications are required in addition to those raised in the submissions:

a)      Amend Schedule 1 Clause 30 by inserting before the full stop ‘or a single house, grouped dwelling or multiple dwelling is constructed on the lot’.

b)      Amend the Scheme Map to show SCA4SG-P1 as per Figure A3 in the Salmon Gums Catchment Area Drinking water source protection plan (Report WRP 143 September 2013).

c)      Amend Table 4 by modifying the permissibility of ‘Art Gallery’ to an ‘I’ use in the ‘Residential’ zone.

d)      Amend Clause 27.(b) in Schedule 1 by inserting ‘in Schedule A’ after ’61 (k)’

e)      Amend Clause 26. By inserting a new clause after Clause (6)(d) stating:

‘(e)    The height limit as outlined in subclause (b) may be varied by a special control area or other applicable clause within the Scheme.’

f)       Amend Clause 37.(1) by inserting ‘eco-tourism means ecologically sustainable tourism with a primary focus on experiencing natural areas that fosters environmentally and cultural understanding, appreciation and conservation;’ and sorting the list alphabetically.

g)      Amend the definition in Clause 16.(2) for the ‘Cultural and Natural Resource Zone’ by inserting ‘Allow land uses that are associated with the reserve purpose.’ Before the last dot point.

h)      Amend the Scheme Map to show the portion of Reserve 53170 currently reserved as ‘Environmental Conservation’, Reserve 53171, and the portion of Reserve 53177 currently reserved as ‘Environmental Conservation’ as ‘Cultural and Natural Resource Zone’.

i)       Amend the Scheme by inserting the following into Table No. 2 in Clause 15:

j)       Amend the Scheme Map to show the portion of Reserve 53177 currently reserved ‘Public Open Space’ as ‘Additional Use Reserve’ with a label of AR9.

k)      Amend Schedule 4 Restricted Use R2 by inserting ‘ and Lot 502 South Coast Highway’ after ‘Lot 15 Harbour Road’ in the Description of land.

l)       Amend Schedule 10 Temporary Signs amending (b) by replacing ‘One sign’ with ‘Two signs’ and ‘Each sign is not to exceed an area of 2m²’ with ‘The total area of signs is not to exceed 2m²’.

m)     Amend Schedule A Clause 61 (1) (m) by replacing ‘Zones’ with ‘zone’.

n)      Amend Amendment point 69 by inserting ‘Land Use’ after ‘3.0’.

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0718-061

Council Resolution

1.    In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support point 55 of the draft Amendment No. 2 with the proposed modification to address issues raised in the submissions:

a)         Amend amendment point 55 by replacing the ‘D' use classification with ‘A’ for ‘Shop’ and ‘Reception Centre’ uses, delete points 2 and 4 and renumber accordingly.

CARRIED

F5 – A1

(Against Cr Parker)

12.1.1          Motion 2 - Local Planning Scheme No. 24 - Amendment No. 2 - Support with Modifications

Moved:           Cr McIntyre

Seconded:     Cr Parsons

O0718-062

Council Resolution

That Council:

1.       In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support points 1 -41, 43, 44, 45 – 47, 51 – 54, 56 – 65, 70 – 74 and 76 of draft Amendment No. 2 with the proposed modifications to address issues raised in the submissions

a)   Amending Schedule 1 Clause 11 (iii) by replacing the word ‘or’ after ‘half’ with ‘of’.

b)  Amend amendment point 64 by replacing ‘in a zone where the R Codes do not apply’ with ‘in accordance with an adopted Fencing Local Law’.

c)   Amending Schedule A Clause 61 by inserting as point 2:

‘(2)    Development approval of the local government is not required for the following uses:

(g)  Street trading and outdoor eating facilities on public places in accordance with the local laws on trading in thoroughfares and public places (as amended).’

d)  Amend amendment point 56 by replacing ‘irrespective of it being in a Special Control Area unless otherwise specified’ with ‘unless required by a Special Control Area or other provision of the Scheme’.

e)   Amending the Scheme Map by reclassifying a portion of Lot 100 (4) Giles Street, West Beach from ‘Public Open Space’ to ‘Education’

f)   Amend amendment point 36 by replacing ‘Environmental Conservations’ with ‘Environmental Conservation’ and ‘Important Distributor Road’ with ‘Primary Distributor Road’.

g)  Amend amendment point 40 by replacing ‘Clause 5 (g)’ with ‘Clause 4 (f).

h)  Amending the Scheme Map by reclassifying Reserve 19874 from ‘Rural’ and ‘SCA 10’ to ‘Infrastructure Services’.

i)    Amend the Scheme Map by reclassifying Reserves 2788 and 20044 from ‘Rural’ and ‘SCA 10’ to ‘Environmental Conservation’.

j)    Amend Clause 7 (1)(a) by deleting ‘including any supplementary provisions as outlined in Schedule A of the scheme text’.

k)   Amend Clause 15 (3) by inserting ‘government, public authority or’ before ‘local government’.

l)    Amend Table 4 by adding the land use of ‘Outbuilding’ follows:

m)  Amend Schedule 1 Clause 29(a) by replacing ‘Erection of’ with ‘Irrespective of the classification of an outbuilding as an I use in Table No. 4 the erection of’.

n)  Amend Schedule 1 Clause 29(a) by replacing ‘.’ with ‘; and’.

o)  Amend Schedule 1 Clause 29 by inserting:

‘(b) Where an outbuilding has been constructed in accordance with subclause (a) it is not to be used for commercial or industrial purposes; and

(c)  Where an outbuilding has been constructed in accordance with subclause (a) it is not to be used for human habitation.’

p)  Amend the Scheme map by reclassifying Reserve 37460 from ‘Rural’ to ‘Local Road’.

q)  Amend the Scheme by inserting a new clause after Clause 4.(d)(ii) in Schedule 2 stating:

‘(iii)   Despite any other provision of the Scheme planning approval cannot be issued for a development that contains the storage of fuel or chemicals without referral to the Department of Water and Environmental Regulation and the Local Government is to have due regards to recommendations and advice received from that authority when determining applications.’

r)   Amend the Scheme by inserting the ‘, Department of Primary Industries and Regional Development’ after ‘Department of Biodiversity Conservation and Attractions’ in SCA 10 (d)(i).

s)   Amend the Scheme by inserting a new clause into SCA 10(d) stating ‘Guidelines of the Commissioner of Soil and Land Conservation (WA) for the protection of landscapes including but not limited to maintenance of soils.’ Note that this modification will require the ‘and’ to be removed from SCA 10(d)(iii) and the ‘.’ replaced with ‘; and’ in SCA 10(d)(iv).

t)   Amend the Scheme by inserting ‘and the Commissioner of Soil and Land Conservation (WA)’ after ‘Department of Water and Environmental Regulation’ in SCA 10 (f)(i).

u)  Amend the Scheme by replacing the ‘ and’ after ‘Department of Biodiversity Conservation and Attractions’ in in SCA 10 (f)(i) with ‘,’.

v)   Amending the Scheme Map to show Lot 185 (37) Foy Street, Esperance as ‘Residential’ with a density of ‘R30’.

w)  Amending the Scheme Map to show SCA4C as per Figure A4 in the Condingup Water Reserve Drinking Water Source Protection Review (Report WRP 164 October 2017).

x)   Amending the Scheme Map to show SCA4-WHPZ for bore 6-83 as per Figure A4 in the Condingup Water Reserve Drinking Water Source Protection Review (Report WRP 164 October 2017).

y)   Amend the  Scheme Map reclassifying portions of Reserves 25891 and 31540 from ‘Public Open Space’ to ‘Local Distributor Road’

2.       Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 2 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015 support points 66 – 68 and 75 of the draft Amendment No. 2 with the following modifications in addition to those raised in the submissions:

a)   Amend amendment point 66 by replacing ‘Clause 16’ with ‘Clause 17’.

b)  Amend amendment point 67 by replacing ‘Clause 16’ with ‘Clause 17’.

c)   Amend amendment point 68 by replacing ‘Clause 16’ with ‘Clause 17’.

d)  Amend amendment point 68 by replacing  ‘On a site identified as being located within the Priority 2 within a public drinking water source area only one on site effluent disposal  is permitted and furthermore effluent disposal is limited by Water Quality Protection Note 25 Land Use Compatibility in Public Drinking Water Source Areas.’ With ‘On a site identified as being located within the Priority 2 or 3 area within a public drinking water source area only one on site effluent disposal system is permitted 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.’

e)   Amend amendment point 75 by replacing ‘Clause 35’ with ‘Clause 36’.

3.       Further inform the Western Australian Planning Commission that as a result of the local government’s consideration of the draft Amendment No. 2 under Regulation 50 of the Planning and Development (Local Planning Schemes) Regulations 2015, the following modifications are required in addition to those raised in the submissions:

a)   Amend Schedule 1 Clause 30 by inserting before the full stop ‘or a single house, grouped dwelling or multiple dwelling is constructed on the lot’.

b)  Amend the Scheme Map to show SCA4SG-P1 as per Figure A3 in the Salmon Gums Catchment Area Drinking water source protection plan (Report WRP 143 September 2013).

c)   Amend Table 4 by modifying the permissibility of ‘Art Gallery’ to an ‘I’ use in the ‘Residential’ zone.

d)  Amend Clause 27.(b) in Schedule 1 by inserting ‘in Schedule A’ after ’61 (k)’.

e)   Amend Clause 26. By inserting a new clause after Clause (6)(d) stating:

‘(e) The height limit as outlined in subclause (b) may be varied by a special control area or other applicable clause within the Scheme.’

f)   Amend Clause 37.(1) by inserting ‘eco-tourism means ecologically sustainable tourism with a primary focus on experiencing natural areas that fosters environmentally and cultural understanding, appreciation and conservation;’ and sorting the list alphabetically.

g)  Amend the definition in Clause 16.(2) for the ‘Cultural and Natural Resource Zone’ by inserting ‘Allow land uses that are associated with the reserve purpose.’ Before the last dot point.

h)  Amend the Scheme Map to show the portion of Reserve 53170 currently reserved as ‘Environmental Conservation’, Reserve 53171, and the portion of Reserve 53177 currently reserved as ‘Environmental Conservation’ as ‘Cultural and Natural Resource Zone’.

i)    Amend the Scheme by inserting the following into Table No. 2 in Clause 15:

j)    Amend the Scheme Map to show the portion of Reserve 53177 currently reserved ‘Public Open Space’ as ‘Additional Use Reserve’ with a label of AR9.

k)   Amend Schedule 4 Restricted Use R2 by inserting ‘ and Lot 502 South Coast Highway’ after ‘Lot 15 Harbour Road’ in the Description of land.

l)      Amend Schedule 10 Temporary Signs amending (b) by replacing ‘One sign’ with ‘Two signs’ and ‘Each sign is not to exceed an area of 2m²’ with ‘The total area of signs is not to exceed 2m²’.

m)  Amend Schedule A Clause 61 (1) (m) by replacing ‘Zones’ with ‘zone’.

n)  Amend Amendment point 69 by inserting ‘Land Use’ after ‘3.0’.

CARRIED

F6 – A0

12.1.1          Motion 3 - Local Planning Scheme No. 24 - Amendment No. 2 - Support with Modifications

Moved:           Cr Piercey

Seconded:     Cr Parsons

O0718-063

Council Resolution

That Council in accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support point 42 and 48 – 50 of the draft Amendment No. 2 without modification.

CARRIED

F6 – A0

12.2.1         Esperance Extension to the State Barrier Fence

Officer’s Recommendation

That Council commit to the supply and installation of twelve (12) road grids, including the associated road and signage works, for the Esperance Extension to the State Barrier Fence project, over four (4) years, starting in the 2019/20 financial year, as part of the annual road construction program, for a current project estimate of $1,495,601 subject to:

a.   EPA approval for the Esperance Extension to the State Barrier Fence; and

b.   The State Government committing to construct the Esperance extension to the State Barrier Fence.

Voting Requirement                       Simple Majority

12.2.2         Esperance Bay Coastal Erosion Options

Moved:           Cr Parsons

Seconded:     Cr Parker

O0718-064

Officer’s Recommendation

That Council:

1.   Endorse the Esperance Bay Coastal Erosion Options Report; and

2.   Request the CEO to progress the option of a Coordinated Bandy Creek Boat Harbour dredging and sand back-passing approach to deal with the Esperance Bay Coastal Erosion.

CARRIED

F6 - A0

12.3.1         New Lease - Cannery Arts Centre

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0718-065

Officer’s Recommendation

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

1.  To grant a lease to the Cannery Arts Centre Inc over Lot 1018 on Plan 28537 Norseman Road Chadwick, Reserve 34219;

2.  The term to be 10 years with a further term option of 10 years;

3.  Annual lease fee to be $110 Inc GST;

4.  Lease preparation fee of $120 Inc GST being payable; and

5.  The lease being prepared as per the standard lease template for Sporting and Community groups.

6.  The lease specifying the Shire responsibility for structural maintenance for the Gallery building only.

Council Resolution

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

1.  To grant a lease to the Cannery Arts Centre Inc over Lot 1018 on Plan 28537 Norseman Road Chadwick, Reserve 34219;

2.  The term to be 10 years with a further term option of 10 years;

3.  Annual lease fee to be $110 Inc GST;

4.  Lease preparation fee of $120 Inc GST being payable; and

5.  The lease being prepared as per the standard lease template for Sporting and Community groups.

6.  That the lease specifies Shire responsibility for the structural maintenance of all retaining walls and buildings, including the lookout and stairs, on Lot 1018 on Plan 28537 Norseman Road Chadwick, Reserve 34219.  Associated structures such as fences and gardens remain the responsibility of the Cannery Arts Centre Inc.

CARRIED

F7 - A0

Suspension of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0718-066

That Section Nine (9.5) of the Standing Orders be suspended to allow for discussion on item 12.3.3.

CARRIED

F7 - A0

Resumption of Standing Orders

Moved:           Cr McIntyre

Seconded:     Cr Piercey

O0718-067

That Standing Orders be resumed.

CARRIED

F7 - A0

12.3.3         Rates Concession for 2018/19

Moved:           Cr Padgurskis

Seconded:     Cr McIntyre

O0718-068

Council Resolution

That Council grant a concession of $562.00 to the properties as attached to be included within their 2018/19 rates notice.

CARRIED

F6 – A1

(Against Cr Piercey)

Motion

Moved:           Cr McIntyre

Seconded:     Cr Parker

O0718-069

That Council accept the following late item 16.1.

CARRIED

F7 - A0

16.1   Adoption of 2018/2019 Annual Budget

Moved:           Cr Parsons

Seconded:     Cr Parker

O0718-070

Council Resolution

That Council

1.   Pursuant to the provisions of Section 6.2 of the Local Government Act (1995) and Part 3 of the Local Government (Financial Management) Regulations 1996 that the Municipal Fund Budget be adopted for the 2018/2019 year and the levels of income and expenditure, as presented within the Statutory Budget document be authorised.

2.   For the purpose of yielding the deficiency disclosed by the Municipal Fund Budget that Council pursuant to Sections 6.32, 6.34 and 6.35 of the Local Government Act (1995) impose the following general and minimum rates on Gross Rental and Unimproved Values

          General Rates

          Residential (GRV)                                    9.7181 rate in the dollar (cents)

          Commercial / Industrial (GRV)                9.9125 rate in the dollar (cents)

          Vacant Land (GRV)                                  9.7181 rate in the dollar (cents)

          Rural (UV)                                                 0.8525 rate in the dollar (cents)

          Commercial / Industrial (UV)                             0.8525 rate in the dollar (cents)

          Mining (UV)                                               9.0552 rate in the dollar (cents)

          Minimum Rates

          Residential (GRV)                                    $1,124.00

          Commercial / Industrial (GRV)                $1,124.00

          Rural (UV)                                                 $1,124.00

          Commercial / Industrial (UV)                             $1,124.00

          Mining (UV)                                               $562.00

3.   Pursuant to Section 6.51(1) and subject to Section 6.51(4) of the Local Government Act (1995) and Regulation 70 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 11% for rates (and service charges) and costs of proceedings to recover such charges that remain unpaid after becoming due and payable.

4.   Pursuant to Section 6.45 of the Local Government Act (1995) and Regulation 68 of the Local Government (Financial Management) Regulations 1996, Council adopts an interest rate of 5.5% where the owner has elected to pay rates and service charges through an instalment option.

5.   That for those ratepayers not paying by instalments, the penalty interest will commence to be calculated 36 days after the rates notice issue date.

6.   Pursuant to Section 6.45 of the Local Government Act (1995) and Regulation 64(2) of the Local Government (Financial Management) Regulations 1996, Council nominates the following due dates for the payment in full or by instalments:

          Full payment and 1^st Instalment due date                          26^th September 2018

          2^nd Instalment due date                                                       28^th November 2018

          3^rd Instalment due date                                                        30^th January 2019

          4^th and final quarterly instalment due date                        3^rd April 2019

7.   Pursuant to Section 66 of the Waste Avoidance and Resource Recovery Act (2007), Council adopt a Waste Rate of 0.000001 cents in the dollar for both GRV and UV property categories, with a minimum of $80 for all GRV and UV rateable properties.

8.   Pursuant to Section 67 of the Waste Avoidance and Resource Recovery Act (2007), and section 6.16 of the Local Government Act 1995 Council adopts the following charges for the removal and deposit of domestic and commercial waste:

          140ltr bin waste collection                                                            $180.00

          240ltr bin waste collection                                                            $260.00

          360ltr bin waste collection                                                            $360.00

          140ltr recycling collection- Domestic Fortnightly                       $135.00

          240ltr recycling collection- Domestic Fortnightly                       $170.00

          240ltr recycling collection- Commercial Fortnightly                            $170.00

          240ltr recycling collection- Commercial Weekly                         $315.00

          360ltr recycling collection- Domestic Fortnightly                       $175.00

          360ltr recycling collection- Commercial Fortnightly                            $225.00

          360ltr recycling collection- Commercial Weekly                         $425.00

          1100ltr recycling collection- Commercial Weekly                       $1,340.00

          Residential and Commercial Premises

          Additional waste bin collection

          (140, 240 & 360ltr bins)                                                                  $30.00

          Additional recycling bin collection

          (140, 240 & 360ltr bins)                                                                  $30.00

          Additional recycling bin collection

          (1100ltr bin for Commercial only)                                                 $50.00       

9.   Every rateable assessment be issued with 4 free, up to 1m³ domestic waste vouchers.

10. That the transfers/movements to and from the Reserve Accounts, as detailed within the Statutory Budget document be authorised.

11. Pursuant to Section 6.20 of the Local Government Act (1995), approve the following borrowings as per Note 7 (b) of the Statutory Budget for 2018/2019-

          Jetty Replacement                                   $1,000,000           20 Year Term

          Esperance Bay Yacht Club                      $60,000                5 Year Term

12. Pursuant to Section 6.16 of the Local Government Act (1995), adopt the Fees and Charges, as included in the Statutory Budget for the 2018/2019 year with all fees and charges becoming effective immediately except those for the BOILC which will become effective from 1 September 2018.

13. Pursuant to section 5.99 of the Local Government Act 1995 and regulation 34 of the Local Government (Administration) Regulations 1996, council adopts the following annual fees for payment of elected members in lieu of individual meeting attendance fees:

              President                                                                     $22,000

Councillors                                                                  $18,000

Pursuant to section 5.99A of the Local Government Act 1995 and regulations 34A and        34AA of the Local Government (Administration) Regulations 1996, council adopts the following annual allowances for elected members:

Telecommunications Allowance                              $2,000

Pursuant to section 5.98(5) of the Local Government Act 1995 and regulation 33 of the    Local Government (Administration) Regulations 1996, council adopts the following annual local government allowance to be paid in addition to the annual meeting allowance:

President                                                                     $34,500

Pursuant to section 5.98A of the Local Government Act 1995 and regulations 33A of    the Local Government (Administration) Regulations 1996, council adopts the following annual local government allowance to be paid in addition of the annual meeting allowance:

Deputy President                                                        $8,625

14. For the 2018/19 financial year adopt a variance in the Statement of Financial Activity of $100,000 or 10% (whichever is lesser) for the reporting of material variances between the year to date budget and year to date actual information for disclosure purposes.

CARRIED

F5 – A2

(Against Cr Piercey & Cr Padgurskis)