Motion

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0619-112

That Council accept the following leave of absence:

Cr Parker           4 July  until 20 July 2019

Cr McMullen     2 July 2019

Cr Brown          3 July until 26 July 2019

CARRIED

F9 - A0

Moved:           Cr Padgurskis

Seconded:     Cr Piercey

O0619-113

That the Minutes of the Ordinary Council Meeting of the 28 May 2019, the Special Council Meeting of the 4 June 2019, and the Special Council Meeting of the 11 June 2019 be confirmed as true and correct records.

Council Resolution

That the Minutes of the Ordinary Council Meeting of the 28 May 2019, the Special Council Meeting of the 4 June 2019, and the Special Council Meeting of the 11 June 2019 as amended be confirmed as true and correct records.

CARRIED

F9 - A0

12.1.1         Proposed Road Dedications - South Coast Highway

Moved:           Cr Piercey

Seconded:     Cr Bowman

O0619-114

Council Resolution

That Council

1.  Request the Minister of Lands to dedicate the land the subject of Land Dealings Plans 1860-179, 1860-180 and 1860-181) as a road pursuant to Section 56 of the Land Administration Act 1997.

2.  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.

3.  Advise the Minister of Lands that Main Roads WA agree to indemnify the Shire of Esperance against any costs and claims that may arise as a result of the dedication.

CARRIED

F9 - A0

12.1.2         Development Application - Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance

Moved:           Cr McIntyre

Seconded:     Cr Padgurskis

O0619-115

Council Resolution

That Council resolve to approve Development Application 10.2019.4410.1 for a Single Dwelling, Outbuilding (Shed), Rainwater Tanks, Fencing, Retaining Walls and associated Earthworks at Lot 125 (18) Dempster Street, Esperance subject to the following conditions:

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

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

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

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

4.   Earthworks are to be in accordance with Australian Standard 3798 Guidelines on Earthworks for Commercial and Residential Developments.

5.   All retaining walls are to be designed to accommodate applicable surcharge loads, earthworks and/or associated drainage and shall be undertaken in accordance plans and specifications certified by a qualified Engineer as being consistent with standard engineering practices, as approved by the Shire of Esperance (Building Services).

6.   The vehicle crossover is to be constructed, drained and sealed to the satisfaction and specifications of the Shire of Esperance (Asset Management Division) – refer enclosed vehicle crossover application form.

7.   A minimum of two (2) car parking bays are to be provided on-site in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

8.   Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.

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

10. The provision of all services, including augmentation of existing services, necessary as a consequence of any proposed development shall be at the cost of the developer and at no cost to the Shire of Esperance.

11. The approved development must be connected to a reticulated water supply provided by a licensed water provider.

12. Before the approved development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.

13. The existing infrastructure located within the road reserve shall be retained and protected during the construction process period with any damage to the infrastructure being repaired to the satisfaction of the Shire of Esperance (Asset Management Division) at developer’s expense.

14. The development hereby approved must not create community safety concerns, or otherwise adversely affect the amenity of the subject locality by reason of (or the appearance or emission of) smoke, fumes, noise, vibration, odour, vapour, dust, waste water, waste products or other pollutants.

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

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

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

18. A Section 70A Notification under the Transfer of Land Act 1893 (as amended) must be registered against the Certificate of Title to the land the subject of the proposed development advising the owners and successors in title that:

VULNERABLE COASTAL AREA - This lot is located in an area likely to be subject to coastal erosion and/or inundation over the next 100 years.

The Section 70A Notification is to be registered on the Certificate of Title prior to the issuance of a building permit, with all costs associated with preparing and lodging the Section 70A Notification on the Certificate of Title at the applicant's/owner's expense.

AND the following advice notes:

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

2.   The development is to comply with the Building Code of Australia, Building Act 2011, Building Regulations 2012 and the Local Government Act 1995.

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

4.   It is the responsibility of the developer to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.

5.   Horizon Power has requested the Shire to advise Applicants that Horizon Power has certain restrictions regarding the installation of conductive materials near its network assets. Applicants are advised to contact Horizon Power’s Esperance office to ascertain whether any of Horizon Power’s restrictions affect their proposed development.

6.   The Department of Water and Environmental Regulation and Environment Regulation has prepared dust control guidelines for development sites, which outline the procedures for the preparation of dust management plans. Further information on the guidelines can be obtained from the Department of Water and Environmental Regulation and Environmental Regulation’s website www.dwer.wa.gov.au under air quality publications.

CARRIED

F8 – A1

(Against Cr Piercey)

12.1.3         Proposed Direction Notice - Planning and Development Act 2005

Moved:           Cr Payne

Seconded:     Cr Padgurskis

O0619-116

Officers Recommendation

That Council authorise the Chief Executive Officer to serve a Direction Notice issued under sections 214(2) and 214(3) of the Planning and Development Act 2005, to require the occupier of the Property to:

Cease the unauthorised development effective immediately;

Require the removal of the unauthorised development and restoration of the land within two (2) months; or in the alternative

Seek and obtain a development approval within two (2) months.

Council Resolution

That Council lay this matter on the table for further investigation until the July 2019 Ordinary Council Meeting.

CARRIED

F6 – A3

(Against Cr Brown, Cr Bowman & Cr McIntyre)

12.3.1         Financial Services Report - May 2019

Moved:           Cr Piercey

Seconded:     Cr Padgurskis

O0619-117

Council Resolution

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

CARRIED

F9 - A0

12.3.2         Long Term Financial Plan Review

Moved:           Cr Parsons

Seconded:     Cr Parker

O0619-118

Council Resolution

That Council

1.    Adopt the Long Term Financial Plan 2019/20 – 2028/29.

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

F9 - A0

12.4.1         Information Bulletin - May 2019

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0619-119

Officers Recommendation

That Council accepts the Information Bulletin for April 2019 and;

1.  Register - Delegations Discharge - Corporate Resources

2.  Corporate Performance Report - April 2019

3.  RCAWA – Minutes - 11 April 2019

Council Resolution

That Council accepts the Information Bulletin for May 2019 and;

1.  Register - Delegations Discharge - Corporate Resources

2.  Corporate Performance Report - May 2019

3.  RCAWA – Minutes - 11 April 2019

CARRIED

F9 - A0

12.4.2         Annual Review of the Delegated Authority Register 2019/2020

Moved:           Cr Parsons

Seconded:     Cr McMullen

O0619-120

Council Resolution

That Council endorse the proposed Delegated Authority Register 2019/2020 - Council to Chief Executive Officer & Authorised Persons.

CARRIED

F9 - A0

12.4.3         Esperance Twin Towns Committee - Change to Representatives

Moved:           Cr Piercey

Seconded:     Cr Brown

O0619-121

Council Resolution

That Council

1.    Accept the resignation of Mr Phillip Jones and recognise him for 16 years of Service.

2.    Accept the resignation of Ms Catherine Davies and recognise her for 30 years of Service

3.    Appoint Mr Peter Dempster as the Lions Club of Esperance Representative to the Esperance Twin Towns Committee.

CARRIED

F9 - A0

12.4.4         Proposed Review of Greater Sports Ground Redevelopment Masterplan

Moved:           Cr Parsons

Seconded:     Cr McMullen

O0619-122

Council Resolution

That Council review and update the current GSG Redevelopment Master Plan to reflect current needs.

CARRIED

F9 - A0

13.1   Minutes of Committees

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0619-123

Council Resolution

That Council receive the following unconfirmed committee minutes:

1.  Greater Sports Ground Redevelopment Committee - 27 May 2019

2.  Lake Monjingup Community Development Group - 4 June 2019

CARRIED

F9 - A0

procedural Motion

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0619-124

That Cr Piercey be no longer heard.

CARRIED

F7 – A2

(Against Cr Piercey & Cr Payne)

Motion 1

Moved:            Cr Payne

Seconded:       Cr Piercey

That Council forward in full the information received from the Friends of the Esperance Tanker Jetty Association Inc regarding reconstruction of the state heritage listed Esperance Tanker Jetty to the Heritage Council and the Heritage Minister for their consideration.

LOST

F2 – A7

(Against Cr Padgurskis, Cr Brown, Cr Bowman,

Cr McIntyre, Cr Parsons, Cr Parker & Cr McMullen)

Motion 2

Moved:            Cr Payne

Seconded:       Cr Piercey

That Council seek tenders for both the Heritage Council’s preferred option of reconstruction of the jetty to the 1935 design and the new replacement jetty.

AMENDMENT APPROVED BY MOVER & SECONDER

That Council request the CEO to undertake all steps necessary to investigate if tenders can be called  for both the Heritage Council’s preferred option of reconstruction of the jetty to the 1935 design and the new replacement jetty.

The amendment became the substantive motion.

LOST

F2 – A7

(Against Cr Padgurskis, Cr Brown, Cr Bowman,

Cr McIntyre, Cr Parsons, Cr Parker & Cr McMullen)

Moved:           Cr McIntyre

Seconded:     Cr Bowman

O0619-125

Council Resolution

That Council continue with the current approved and funded Detailed Replacement Jetty Design and not consider any alternative proposals.

CARRIED

F7 – A2

(Against Cr Piercey & Cr Payne)

Motion

Moved:           Cr Bowman

Seconded:     Cr Padgurskis

O0619-126

That Council accept he following late item:

16.1   Differential Rates Submissions

CARRIED

F9 - A0

16.1   Differential Rates Submissions

Moved:           Cr McMullen

Seconded:     Cr Bowman

O0619-127

Council Resolution

That Council

1.  Acknowledge the submissions received in regards to the proposed “Rate in the Dollar” for the 2019/2020 financial year.

2.  Advise that the Council has reviewed the expenditure requirements and considered efficiency measures during budget deliberations (Long Term Financial Plan Review) and consider that the rates as advertised are required to meet the budget deficiency.

3.  Reduce the proposed “rate in the dollar” for the mining category down to 0.089640.

4.  Request the CEO to seek Ministerial approval to raise rates under Section 6.33 of the Local Government Act 1995 as per the “Rate in the Dollar” that was advertised except for the amended mining rate category.

CARRIED

F9 - A0

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0619-128

That the meeting proceed behind closed doors in accordance with section 5.23(2) of the Local Government Act 1995, to consider the following items, which are considered confidential for the reasons indicated.

17.1   Lease Assignment - Old Matron's Quarters Museum Village - John Totterdell and Bronte Vincent

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)).

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

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)).

CARRIED

F9 - A0

17.1     Lease Assignment - Old Matron's Quarters Museum Village - John Totterdell and Bronte Vincent

Moved:           Cr Bowman

Seconded:     Cr McMullen

O0619-129

Officers Recommendation

That Council agrees to:

1.  Assign the lease under the existing terms and conditions for the Old Matron’s Quarters in Museum Village from John Totterdell to Bronte Vincent;

2.  Approve Bronte Vincent sub-letting a portion of the building to John Totterdell; and

3.  A Lease assignment fee of $210 Inc GST being payable.

AMENDMENT

Moved:       Cr Payne

Seconded:  Cr Piercey

That Council add an additional 4^th dot point stating:

4.    Review Policy COR 003: Museum Park Buildings Leasing Arrangements

LOST

F2 – A7

(Against Cr Padgurskis, Cr Brown, Cr Bowman,

Cr McIntyre, Cr Parsons, Cr Parker & Cr McMullen)

Council Resolution

That Council agrees to:

1.  Assign the lease under the existing terms and conditions for the Old Matron’s Quarters in Museum Village from John Totterdell to Bronte Vincent;

2.  Approve Bronte Vincent sub-letting a portion of the building to John Totterdell; and

3.  A Lease assignment fee of $210 Inc GST being payable.

CARRIED

F9 - A0

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

Moved:           Cr McIntyre

Seconded:     Cr Brown

O0619-130

Council Resolution

That Council provides a modest benefit to its employees who worked for more than 6 months at Esperance Home Care during 2018/19 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 2018/19 financial year for Level 2, 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

F9 - A0

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr McIntyre

O0619-131

That the meeting come from behind closed doors.

CARRIED

F9 - A0