25 September 2018 Page 1
Shire of Esperance
Ordinary Council
Tuesday 25 September 2018
MINUTES
25 September 2018 Page 1
Shire of Esperance
Ordinary Council
Tuesday 25 September 2018
MINUTES
25 September 2018 Page 2
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.
Ordinary Council: Minutes
25 September 2018 Page 3
Table of Contents / Index
ITEM
NO. ITEM HEADING PAGE
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4. APPLICATIONS FOR LEAVE OF ABSENCE
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
8. PUBLIC ADDRESSES / DEPUTATIONS
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
12.1.1 Local Planning Scheme No. 24 - Amendment No. 4
12.1.2 Development Application - Outbuilding - Lot 66 Tranquil Drive, Windabout
12.3.1 Lease - Ian and Susanne Small - Esperance Mini Golf
12.3.2 New Lease - Scout Hall - Scouts WA
12.3.3 Financial Services Report - August 2018
12.4.1 Information Bulletin - August 2018
13.1...... Minutes of Committees
17.1...... 0147-18 - Supply, Delivery and Licensing of One New 2018/2019 Multi Wheel Roller
17.2...... 0148-18 Supply, Delivery and Licensing of One New 2018 /2019 Motor Grader
14. Motions of which Notice has been Given
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
16. Urgent Business Approved by Decision
16.1 Beach Emergency Numbering Signage Grant
17. Matters behind Closed Doors
17.3 Purchase of On-Site Accommodation at Seafront Caravan Park
17.4....... Proposed Purchase of On-Site Accommodation at the Esperance Seafront Caravan Park
Ordinary Council: Minutes
25 September 2018 Page 5
SHIRE OF ESPERANCE
MINUTES
Ordinary
Council Meeting
HELD IN Council Chambers ON
25 September 2018.
COMMENCING AT 4pm
1. OFFICIAL OPENING
The Deputy 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 N Bowman Deputy President Rural Ward
Cr J Parsons Town Ward
Cr S McMullen Town Ward
Cr S Payne Town Ward
Cr L McIntyre Town Ward
Cr R Padgurskis Town Ward
Cr D Piercey, JP Town Ward
Cr B Parker Rural Ward
Shire Officers
Mr W M (Matthew) Scott Chief Executive Officer
Mr S Burge Director Corporate Resources
Mr M Walker Director Asset Management
Mr T Sargent Director External Services
Mr R Hindley Manager Strategic Planning & Land Projects
Miss A McArthur Administration Officer - Executive Services
Mr A Hughes Manager Major Projects
Members of the Public & Press
Mr B Pearce Item 7
Mr K Nieukerke Item 7
Ms T Clarke Item 12.1.2
Mr M Withers Item 12.1.2
Mr C Horward Item 7
Mr K Beale Observer
Ms T Ibrahim Observer
Mr K O’Dwyer Observer
Miss J Burton Esperance Express
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
Cr V Brown President Rural Ward Granted Leave
4. APPLICATIONS FOR LEAVE OF ABSENCE
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Motion |
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Seconded: Cr Piercey
That Council approve the following applications for leave of absence: Cr Padgurskis 23 October 2018 F8 - A0 |
5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION
Cr Natalie Bowman announced that Esperance had won the 2018 Environmental Sustainability for the Outstanding Community Achievements in the Pink Lake Redevelopment Project, Quagi Beach upgrades, the Eastern Subs Water Project and the newly installed Solar Power Infrastructure on Shire Building.
Cr Bowman stated that the Tidy Towns Awards is a fantastic way to recognise the dedication and commitment of staff and volunteers involved in attaining this prestigious award. Cr Bowman wanted to commend Mrs Julie Waters (Senior Environmental Officer) for the enormous amount of work she has contributed towards the completion of the Lake Monjingup Project along with the Quagi Beach Upgrade.
Cr Bowman gave a special mention to Mr Jason Rhodes (former Manager Parks & Environment) for the vast amount of work he contributed to the Eastern Suburbs Water Project and to Mr Alun Hughes (Manager Major Projects), who was the project manager for the Solar Panel Infrastructure Project.
Cr Bowman mentioned that Esperance was lucky enough to have benefited from the expertise and passion shown by community member Chris Pope and his team of volunteers, Cascade Primary School Students, Esperance Senior High School Work Placement Students, Shire Work for the Dole Team, South Coast Natural Resource Management Coastal Works Team and the Shire of Esperance Staff who worked tirelessly towards the Pink Lake Recovery Project.
Cr Bowman invited Mr Alun Hughes to give a presentation to Council showing the capping process at the Wiley Bay Waste Facility.
Mr Hughes presented his presentation to Council.
Cr Bowman congratulated Mr Hughes and all other staff involved in the project.
Mr Hughes left the Chamber at 4.21pm and did not return.
6. DECLARATION OF MEMBERS INTERESTS
6.1 Declarations of Financial Interests – Local Government Act Section 5.60a
Cr McMullen declared a financial interest in item 12.1.1 as he leases property affected by the amendment.
Cr Parsons declared a financial interest in item 12.1.1 as he leases property affected by the amendment.
Cr Piercey declared a financial interest in item 12.1.1 as she owns property affected by the amendment.
Cr Payne declared a financial interest in item 12.1.1 as she owns property within the boundary of the amendment.
6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
Cr Payne declared an proximity interest in item 12.1.1 as she owns property adjacent to other properties affected by the amendment.
6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
Cr McIntyre declared an impartiality interest in item 12.1.1 as she is a short term accommodation provider.
Mr S Burge declared an impartiality interest in item 12.3.2 as his son is a member of scouts.
7. PUBLIC QUESTION TIME
1. Mr B Pearce - Budget Allocations
Mr Pearce provided his question in writing and read them aloud to Council.
Question 1
[With regards to the Esperance Skate Park], were these figures included in the 2015/16 (or 2014/15) budget? Also this facility was erected over land that was vested to the Shire in 1952 for a Scout and Girls Guide Facility, and remain CROWN land, was permission given for this to be erected on Crown land, I believe that Horizon Power were loath to Power as it erected over two (2) blocks?
Question 2
On the 12th October 2016 Council called a Community Consultation meeting from 4pm to 5pm at the Civic Centre to discuss a “Parking and Pedestrian Strategy I am lead to believe this cost in the vicinity of $50,000 and what I saw being presented it appeared to be dud. Was this cost included in the 2016/17 Budget?
Question 3
Was the purchase of the Land in the Merival[e] Road area included in the budget of 2016/17 when the contract to buy was completed in the period o[f] April to June 2017? Has all the costs $650,000 associated with this purchase been included in the Budget of 2017/18?
Question 4
The West Beach Car Park cost in the vicinity of $50,000 for legal fees, was this cost included in the budget of 2017/18?
Question 5
What other expenditure has been spent that was not included in any of the Budgets? Since 2011 when 6(six) new members were elected to Council?
These questions were taken on notice and will be in the October Agenda as per Section 3.3 of the Standing Orders.
2. Mr K Nieukerke - Shire Facilities Acoustics
Mr Nieukerke referred to an Esperance Express article in which it stated that Shire intends to render the Civic Centre. Mr Nieukerke questioned if this could affect the acoustics in the auditorium.
Mr Walker responded that the Shire is not rendering the inside on the building, they will be plastering the inside. Plastering will improve the sound and acoustics in the auditorium.
Mr Nieukerke asked if Mr Walker has a report that states the acoustics will improve.
Mr Walker responded that he does not have an actual report but has received lots of advice, especially from consultants considering acoustics in the Council Chamber.
Mr Nieukerke referred to a previous Council meeting when someone questioned the quality of the acoustics in the Council Chamber. Mr Nieukerke questioned if this is budgeted for to improve the acoustics in the Council Chamber and when this is happening.
Mr Walker responded that improving the acoustics in the Council Chamber is budgeted for. The first step is installing panels on the back wall, and this will commence late in the year. After the panels are installed the microphone system will be installed.
3. Mr C Howard - Dempster Head Mountain Bike Trail
Mr Howard questioned if he could be assured that the avid users of the location will be involved in planning of solution which is not necessarily the Esperance Mountain Bike Association.
Mr Walker responded that there has been preliminary discussion with the Esperance Mountain Bike Association. Mr Walker that the Manager Parks and Environment is currently on leave and nothing will happen on this project until he returns.
Mr Howard questioned at what point would Dempster Head be assessed, would it be assessed prior to commencement or are other possible locations going to be prioritised. Mr Howard explained that he had the opportunity to take a qualified track builder to Dempster Head, who informed him that the track could easily be stabilised if the Shire were willing to consider it.
Mr Walker responded that all locations will be assessed at once.
Mr Howard questioned if the Esperance Shire will allow any opportunity to bring user groups together to discuss options in relation to Dempster Head prior to the process commencing as he and other members of the Esperance Mountain Bike Association have been advised by those involved in the very same process in other parts of the state, “that a level of agreement must be attained between all user groups to allow the process to proceed fluently”.
Mr Walker responded that it would be very wise to consult with user groups, the more consultation the better.
Cr Payne questioned if it would be worth creating a Council Committee for the project.
Mr Walker responded that it would be better and a faster process to do it informally.
8. PUBLIC ADDRESSES / DEPUTATIONS
Nil
9. Petitions
Nil
10. CONFIRMATION OF MINUTES
Reason: Cr Payne wanted to amend her question in item 15 – Members Questions With or Without Notice, to include the words ”and review the Twin Towns relationship”.
Mr Howard left the Chamber at 4.39pm and did not return.
11. DELEGATES’ REPORTS WITHOUT DISCUSSION
Cr Lara McIntyre
4 Sept Attended a meeting with Hon. Terry Redman & South Coast Renewables.
6 Sept Attended community engagement on the Draft Jetty Replacement Concept Design at the Boulevard Shopping Centre
7 Sept Attended community engagement on the Draft Jetty Replacement Concept Design at Post Office Square
9 Sept Attended community engagement on the Draft Jetty Replacement Concept Design at the Museum Village Markets
16 Sept Attended the Emergency Services Day
Cr Basil Parker
15 Sept Attended community engagement on the Draft Jetty Replacement Concept Design at the Boulevard Shopping Centre
19 Sept Attended community engagement on the Draft Jetty Replacement Concept Design at the Boulevard Shopping Centre
Cr Shelley Payne
6-7 Sept Attended the Annual Waste and Recycling Conference
12 Sept Attended the NAIDOC Event, Esperance Football Club
20 Sept Attended the Off Road Vehicle Working Group Workshop
Cr Steve McMullen
19 Sept Attended the Youth Advisory Council Meeting
Cr Dale Piercey
12 Sept Attended the NAIDOC Event, Esperance Football Club
16 Sept Attended the Emergency Services Day
17 Sept Attended the Esperance Visitor Centre Management Committee Meeting
Cr Natalie Bowman
29 Aug Attended a meeting with Danny Sanderson, Scott Mackie, David Campbell and staff regarding use of water bombers
11 Sept Chaired the Bushfire Advisory Committee Meeting
12 Sept Attended the NAIDOC Event, Esperance Football Club
13 Sept Attended community engagement on Draft Jetty Concept Replacement Concept Design at the Boulevard Shopping Centre
14 Sept Attended the Esperance Residential College Awards Night
15 Sept Attended community engagement on Draft Jetty Replacement Concept Design at the Boulevard Shopping Centre
16 Sept Attended the Emergency Services Day
22 Sept Presented Art Awards at the Anglican Wildflower Festival
12. MATTERS REQUIRING A DETERMINATION OF COUNCIL
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Motion |
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Seconded: Cr Parsons That Council bring the following items forward and consider them en bloc: 12.1.2 Development Application - Outbuilding - Lot 66 Tranquil Drive, Windabout 12.3.1 Lease - Ian and Susanne Small - Esperance Mini Golf 12.3.2 New Lease - Scout Hall - Scouts WA 12.3.3 Financial Services Report - August 2018 12.4.1 Information Bulletin - August 2018 13.1 Minutes of Committees 17.1 0147-18 - Supply, Delivery and Licensing of One New 2018/2019 Multi Wheel Roller 17.2 0148-18 Supply, Delivery and Licensing of One New 2018 /2019 Motor Grader F8 - A0 |
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EN BLOC |
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Seconded: Cr Piercey
That Council adopt the officers recommendations for the following items: 12.1.2 Development Application - Outbuilding - Lot 66 Tranquil Drive, Windabout 12.3.1 Lease - Ian and Susanne Small - Esperance Mini Golf 12.3.2 New Lease - Scout Hall - Scouts WA 12.3.3 Financial Services Report - August 2018 12.4.1 Information Bulletin - August 2018 13.1 Minutes of Committees 17.1 0147-18 - Supply, Delivery and Licensing of One New 2018/2019 Multi Wheel Roller 17.2 0148-18 Supply, Delivery and Licensing of One New 2018 /2019 Motor Grader F8 - A0 |
Cr Payne, Cr Piercey, Cr Parsons & Cr McMullen declared their interests and left the Chamber at 4.46pm.
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The Chief Executive Officer advised that with four Councillors declaring an interest and leaving the Chamber the quorum requirements to resolve item 12.1.1 could not be met. |
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That Council: 1. In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by: I. Amending Schedule 1 by inserting a new clause 37 as follows:
‘37. Unrestricted Length of Stay
(a) Where permissible in the Zoning and Land Use Table (Table 4), Additional Use (Schedule 3), Restricted Use (Schedule 4) or Special Use (Schedule 5), holiday house, holiday accommodation and serviced apartment uses are to be designed and constructed to comply with all requirements of a single house, grouped dwelling or multiple dwelling in accordance with the R-Codes and the specific requirements of the Building Code of Australia, and must be able to be occupied either permanently as a dwelling or temporarily for short-term accommodation purposes.’
II. Amending Schedule 1 by inserting a new clause 38 as follows:
‘38. Environmental, Public Health and Amenity Protection
(a) The emission of noise, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil and/or any other type of emission that may potentially impact on environmental and/or public health are to be mitigated within the boundaries of the premises and must not impact on public health and/or cause nuisance to users or occupants of adjoining premises.
(b) All building services, plant and equipment associated with a mixed use or non-residential development is to be -
(i) acoustically and visually screened from any adjoining and/or adjacent residential land uses or other sensitive land uses; or alternatively;
(ii) incorporated within the building, or is housed external to the building and is to be contained within a solid structure and located no closer than 1.5 metres to any adjoining property boundary.
(c) Where non-residential development occurs within an area serviced by refuse collection the storage of refuse on-site is to be screened from view from a street and/or public open space.
(d) Non-residential development and land uses adjacent to residential development shall not be permitted to trade and/or undertake activities (e.g. deliveries) unless in accordance with the Environmental Protection (Noise) Regulations 1997, unless supported by a noise impact assessment submitted for consideration at the development application stage.
Note: Prepared to the specifications and satisfaction of the local government, any development impact statement should address the scope of issues that have the potential to impact upon the amenity of existing and future residents, such as noise, lighting and crime prevention, and propose appropriate mitigating measures for consideration.
(e) A noise impact assessment prepared by a suitably qualified person, to the specifications and satisfaction of the local government, may be required to be submitted as part of any application for development approval for any development where there is the potential for noise impacts.
III. Amending Schedule 1 by inserting a new clause 39 as follows:
‘39. Residential Development in the Commercial and Local Centre Zones
(a) A maximum density of R80 applies within the Local Centre Zone.
(b) A maximum density of R160 applies within the Commercial Zone.’
IV. Amending Schedule 3 and the Scheme Map by adding an Additional Use with the following:
V. Amending Clause 30.(a) in Schedule 1 by replacing ‘Residential or Rural Residential’ with ‘Residential, Rural Residential or Rural Townsite’.
VI. Amending the Scheme Map by reclassifying Lot 862 on Plan 201769 from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
VII. Amending the Scheme Map by reclassifying Lots 1247 and 1407 on Plan FITZGL from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
VIII. Amending the Scheme Map by reclassifying Lots 465 and 466 on Plan 408922 from ‘Rural’ and ‘Public Open Space’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
IX. Amending the Scheme Map by reclassifying all of Reserve 19315 as ‘Public Open Space’ as depicted on the Amendment Map.
X. Amending the Scheme Map by reclassifying Lot 1440 on Plan 152676 from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
XI. Amending the Scheme Map by reclassifying Lots 1517 and UCL on McCrea Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
XII. Amending the Scheme Map by reclassifying UCL on Starcevich Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
XIII. Amending the Scheme Map by reclassifying Lot 36 on Plan 151214, Lot 570 on Plan 407219 and UCL on Guests Road from ‘Rural’ to ‘Environmental Conservation’ as depicted on the Amendment Map.
XIV. Amending the Scheme Map by reclassifying Portion of Reserve 15042 to Public Open Space and a Portion of Connolly Street as’ Local Distributor Road’ as depicted on the Amendment Map.
XV. Amending Schedule 2 by inserting a new Clause 11. as follows:
‘11. SCA 11 – Sewerage Sensitive Areas Special Control Area
‘11. SCA 11 – Sewerage Sensitive Areas Special Control Area
(a) The purpose of SCA 11 is to provide guidance for land use and development within the Sewerage Sensitive Area as identified in the Government Sewerage Policy and amended on the Scheme Map.
(b) Objectives
The objectives of SCA 11 are to –
(i) identify land that has been designated as a sewerage sensitive area;
(ii) ensure that the development and use of land does not detrimentally impact on a sewerage sensitive area; and
(iii) implement Scheme controls that are designed to mitigate any adverse effects on a sewerage sensitive area.
(c) Application Requirements
Despite any other provision of the Scheme development approval is required for all land use and development not connected to a reticulated sewerage system.
(d) Development Requirements
(i) The local government may refuse any application for development approval or impose conditions on any development approval so as to –
i. protect public health and amenity; ii. protect the environment: and iii. promote the efficient use of infrastructure.
(ii) New property titles (including strata titles) should warn of the proximity of the Sewerage Sensitive Area. This notification pursuant to Section 165 of the Planning and Development Act 2005 is to state “This lot is located in a Sewerage Sensitive Area and limitations may be applied to on-site effluent disposal.”
(iii) The requirements of Schedule 1 Clause 17 will apply to all development and land use.
(iv) Where a lot is also located within SCA 4 – Public Drinking Water Source Protection Areas the requirements of SCA 4 will apply in addition to the requirements of SCA 11.
(e) Relevant Considerations
In addition to provisions of the Scheme the local government in considering applications for development approval is to have due regard to –
(i) The potential impact of the proposal on the quality of the water and environmental resources in the Sewerage Sensitive Area;
(ii) The practicability and cost of any measures proposed for the protection of the water and environmental resources;
(iii) The existing level of protection of the resource provided, with reference to management of land and location of development;
(iv) The nature, location and performance of any existing or proposed effluent disposal system;
(v) The drainage characteristics of the land, including surface and groundwater flow, and the adequacy of proposed measures to manage run-off and drainage.
(vi) The Analysis of Surficial Ground Water Landscapes and Hydrological Pathways linking the Ramsar Listed Lake Warden Wetlands by Tilo Massenbauer.
Note: The report referenced in subclause (e)(vi) can be found in the Shire’s Electronic document and records management system – Ref: D18/20641
(f) Minimum Lot Sizes
(i) Where subdivision of land is proposed within Special Control Area 11 and consistent with the requirements of the Local Planning Strategy no lot is to be less than one hectare.
(g) Referral of Applications
(i) The Local Government will refer applications for development approval (except for Agriculture – Extensive, Single House and other related incidental uses) to the Department of Health, Department of Biodiversity Conservation and Attractions and the Department of Water and Environmental Regulation and the Local Government is to have due regard to recommendations and advice received from those authorities when determining applications.
(h) Modification of Boundary
Any modification to the Government Sewerage Policy will trigger a Basic Amendment.’
XVI. Amending the Scheme map by classifying the unclassified potion of Reserve 48754 as ‘Public Open Space’ as depicted on the Amendment Map.
XVII. Amending the Scheme Map by reclassifying Portion of Thomas Road and unnamed road from ‘Cultural and Natural Resource’ to ‘Local Road’ as depicted on the Amendment Map.
XVIII. Amending Clause 38 by inserting in alphabetical order:
‘art studio means a premise used to manufacture works of art and does not involve the sale of works unless by means of the internet;’
XIX. Amending Table No. 4 by inserting ‘Art studio’ as a use with an ‘A’ permissibility in the ‘Residential’ zone, ‘D’ permissibility in the ‘Rural’, ‘Rural Residential’, ‘Rural Smallholdings’, ‘Rural Townsite’ and ‘Light Industry’ zones and an ‘X’ use in all other zones.
XX. Amending Schedule 5 SU5 by replacing ‘Lot 1 and Part Lot 5 Orleans Bay Road’ within the Description of Land with ‘Lot 6 Wharton Road’.
XXI. Amending the Scheme map by zoning all of Lot 6 Wharton Road ‘Special Use’ and all of Lot 7 Wharton Road as ‘Tourism’ as depicted on the Amendment Map.
XXII. Amending Schedule 2 Clause 1.(d) by replacing all references to ‘TRIM’ to ‘HPE Content Manager’ within the notes.
XXIII. Amending Schedule 1 Clause 29.(b) by inserting ‘, unless in accordance with subclause (a),’ after ‘supported’
XXIV. Deleting Additional Use ‘A2’ in Schedule 3, renumbering the remainder of the Schedule and amending the Scheme Map accordingly to reflect the renumbered additional uses.
XXV. Amending Schedule 1 Clause 12.(b) by replacing all instances of ‘A6’ with ‘A5’.
XXVI. Amending Schedule 1 Clause 15.(b) by replacing ‘A6’ with ‘A5’.
XXVII. Amending Schedule 2 Clause 1.(i)(v) by replacing ‘A6’ with ‘A5’.
2. Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):
(c) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;
(g) any other amendment that is not a complex or basic amendment.
3. Refer Amendment 4 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA. Voting Requirement Simple Majority |
Cr Payne, Cr Piercey, Cr Parsons & Cr McMullen returned to the Chamber at 4.47pm.
Cr Padgurskis, Cr Piercey & Cr McIntyre signed the proposed rescindment of resolutions O0918-077 & O0918-078 en bloc.
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Motion |
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Seconded: Cr McIntyre
That Council rescind the resolutions O0918-077 & O0918-078. F8 - A0 |
Mr Pearce, Mr Nieukerke, Ms Clarke, Mr Withers, Mr Beale, Ms Ibrahim & Mr O’Dwyer left the Chamber at 4.57pm and did not return.
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Motion |
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Seconded: Cr McMullen
That Council bring the following items forward and consider them en bloc: 12.2.1 Community Sporting and Recreation Facilities Fund (CSRFF) Forward Planning Grant Applications - Prioritisation 12.3.1 Lease - Ian and Susanne Small - Esperance Mini Golf 12.3.2 New Lease - Scout Hall - Scouts WA 12.3.3 Financial Services Report - August 2018 12.4.1 Information Bulletin - August 2018 13.1 Minutes of Committees 17.1 0147-18 - Supply, Delivery and Licensing of One New 2018/2019 Multi Wheel Roller 17.2 0148-18 Supply, Delivery and Licensing of One New 2018 /2019 Motor Grader F8 - A0 |
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en bloc |
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Seconded: Cr Piercey
That Council adopt the officers recommendations for the following items: 12.2.1 Community Sporting and Recreation Facilities Fund (CSRFF) Forward Planning Grant Applications - Prioritisation 12.3.1 Lease - Ian and Susanne Small - Esperance Mini Golf 12.3.2 New Lease - Scout Hall - Scouts WA 12.3.3 Financial Services Report - August 2018 12.4.1 Information Bulletin - August 2018 13.1 Minutes of Committees 17.1 0147-18 - Supply, Delivery and Licensing of One New 2018/2019 Multi Wheel Roller 17.2 0148-18 Supply, Delivery and Licensing of One New 2018 /2019 Motor Grader F8 - A0 |
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Seconded: Cr Piercey
Council Resolution That Council, subject to Southern Ports Authority approval, agrees; 1. To enter into a sub-lease with Ian and Susanne Small for portion of Lot 909 The Esplanade, Reserve 28207; 2. The term of the lease to be 7 years and 5 months and 17 days with a further term of 10 years; 3. A clause to allow paths to be installed and maintained within the lease area by the Shire; 4. A lease preparation fee of $550 Inc GST; 5. Annual lease fee payable of $3,200 Inc GST, subject to annual rent reviews based on CPI; and 6. The disposition being advertised in accordance with Section 3.58 of the Local Government Act 1995 for Disposal of Property. F8 - A0 |
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Seconded: Cr Piercey
Council Resolution That Council, subject to Department of Lands’ approval, agrees to; 1. Enter into a lease with Scouts Australia, WA Branch for portion of Lot 686 The Esplanade, Reserve 32048; 2. The term of the lease being 15 years; 3. Annual lease fee of $110 Inc GST payable; and 4. Lease preparation fee of $125 Inc GST payable. F8 - A0 |
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Seconded: Cr Piercey
Council Resolution That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of August 2018 as attached be received. F8 - A0 |
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Seconded: Cr Piercey
Council Resolution That Council accepts the Information Bulletin for June 2018 and; 1. Corporate Performance Report - August 2018 2. Register - Delegations Discharge - Corporate Resources F8 - A0 |
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Seconded: Cr Piercey Council Resolution That Council receive the following unconfirmed committee minutes: 1. Esperance Roadwise Committee - 14 August 2018 2. Jetty Replacement Working Group - 28 August 2018 F8 - A0 |
14. Motions of which Notice has been Given
Nil
15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE
Cr Payne questioned if the proponents for item 12.1.2 were informed of the Agenda Briefing Session where they could have some input into Council discussions.
Mr Sargent responded that to his knowledge they should have been.
Cr McIntyre asked if Mr Sargent has written proof that the proponents had been informed.
Mr Sargent stated that he would circulate the evidence to Councillors.
Cr Parsons questioned who informs proponents when their applications come to Council.
Mr Sargent responded that Planning Officers send emails to applicants.
16. Urgent Business Approved by Decision
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Motion |
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Seconded: Cr Piercey
That Council accept the following late items: 16.1 Beach Emergency Numbering Signage Grant 17.4 Proposed Purchase of On-Site Accommodation at the Esperance Seafront Caravan Park F8 - A0 |
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Seconded: Cr McIntyre
Council Resolution That Council approve a budget variation for the Beach Emergency Numbers Signage grant as follows:
F8 - A0 |
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Miss Burton left the Chamber at 5.06pm and did not return.
17. Matters behind Closed Doors
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Seconded: Cr Piercey
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. 17.3 Purchase of On-Site Accommodation at Seafront Caravan Park This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)). 17.4 Proposed Purchase of On-Site Accommodation at the Esperance Seafront Caravan Park This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)). F9 - A0 |
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17.4 Proposed Purchase of On-Site Accommodation at the Esperance Seafront Caravan Park |
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Seconded: Cr Piercey
Council Resolution That Council 1. Authorise the purchase of the caravan and annex contained on Site 52, Esperance Seafront Caravan Park on a walk-in, walk-out basis from Daniel O’Donnell at a price of $5,000. 2. Amend the Municipal Budget (as follows) to enable the purchase of items on site 52 to be undertaken:
3. Authorise the purchase the caravan and annex contained on site 36, Esperance Seafront Caravan Park on a walk-in, walk-out basis from Mr & Mrs Gibson at a price of $3,350. 4. Amend the Municipal Budget (as follows) to enable the purchase of items on site 52 to be undertaken:
F7 – A1 (Against Cr Payne) |
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Seconded: Cr McMullen
That the meeting come from behind closed doors. F8 - A0 |
18. PUBLIC QUESTION TIME
Nil
19. CLOSURE
The President declared the meeting closed at 5.10pm.
These Minutes were confirmed at a meeting held on _____________________
Signed ________________________________________
Presiding Member at the meeting at which the Minutes were confirmed.
Dated_____________________