Motion

Moved:           Cr Payne

Seconded:     Cr Obourne

O0920-309

That Council accept the following leave of absence:

Cr O’Donnell      1 October 2020 until 15 October 2020

Cr Parker            23 September 2020 until 3 October 2020

CARRIED

F9 - A0

Petition

Moved:           Cr Obourne

Seconded:     Cr Piercey

O0920-310

The petition entitled Petition to Remove the Urban Node located in front of the French Hot Bread Shop Esperance is received.

CARRIED

F9 - A0

Moved:           Cr O'Donnell

Seconded:     Cr Payne

O0920-311

That the Minutes of the Ordinary Council Meeting of the 25 August 2020 be confirmed as a true and correct record.

CARRIED

F9 - A0

12.1.1         Food Organics & Garden Organics (FOGO)

Moved:           Cr Chambers

Seconded:     Cr Parker

O0920-312

Council Resolution

That Council commit to progressing the implementation of a Food Organics and Garden Organics (FOGO) recovery and composting program in line with the existing business case and request the CEO to:

1.  Undertake a due diligence assessment of the Myrup Truck Wash Facility as the identified preferred location with the results to be presented to Council in November;

2.  Develop a Community Consultation Strategy to be presented to Council in December; and

3.  Investigate funding and resources to cover the Implementation Plan as detailed in the existing business case for budget consideration.

CARRIED

F9 - A0

12.1.2         Fabric Waste Disposal

Moved:           Cr Obourne

Seconded:     Cr Piercey

O0920-313

Council Resolution

That Council

1.  Commit to supporting a fabric waste recycling trial for six months with results to be presented to Council in March 2021, and

2.  Allocate expenditure from Account W2055 – Operations Recycling

3.  Thank Sue Starr, Chris Meyer (Esperance Care Services) and Michael Harding (Freight Lines Group) for their support in initiating and supporting the trial.

CARRIED

F9 - A0

12.1.3         Development Application - Unauthorised Earthworks - Lot 10 (33) Harris Road, Monjingup

Moved:           Cr Graham

Seconded:     Cr Parker

O0920-314

Officers Recommendation

1.       That Council resolve to refuse Development Application 10.2020.4396.1 for Unauthorised Earthworks at Lot 10 (33) Harris Road, Monjingup on the following grounds:

a.   The proposed development represents both a short and long-term impact on the Lake Warden Recovery Catchment through scouring of fill material, increased sedimentation during high water flows, damage to ecosystem function and emergence of weed species impact on native vegetation communities both locally and downstream.

2.       That Council resolve to:

a.  Direct under Section 214 (3)(b) of the Planning and Development Act 2005 that the land be restored as nearly as practicable to its condition immediately before the development started, to the satisfaction of the Shire of Esperance.

b.  Under Section 214 (6) of the Planning and Development Act 2005 the direction is to be complied with within 120 days after the service of the direction.

 3.      That Council resolve to undertake any and all applicable compliance action to ensure that the site is satisfactorily remediated up to and including direct legal action if required.

Council Resolution

That Council lay this matter on the table for up to three (3) months to allow the applicant to liaise with DBCA.

CARRIED

F9 - A0

Motion

Moved:           Cr Chambers

Seconded:     Cr Obourne

O0920-315

Council Resolution

That Council request the CEO to seek further information from the Department of Finance and Department of Training & Work to clarify the terms of the contract relating to the disposal of soil & material from the TAFE site.

CARRIED

F9 - A0

12.1.4         Development Application - Restaurant and Takeaway - Lot 307 (55) Goldfields Road, Castletown

Moved:           Cr Payne

Seconded:     Cr McMullen

O0920-316

Officers Recommendation

That Council approves Development Application 10.2020.4417.1 for a Restaurant and Takeaway at Lot 307 (55) Goldfields Road, Castletown 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 Restaurant/Cafe only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer attached definition as extracted from Schedule 1 – Definitions of LPS 24).

a.   Restaurant/Cafe means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988;

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)   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.

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 ten (10) sealed 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)   Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, repaired, sealed, drained, kerbed, marked (including disabled bays) and thereafter maintained to the satisfaction of the Shire of Esperance (Asset Management Division). 

9)   The existing sealed car parking area is to be a one-way through arrangement, with people entering from the entrance nearest to Goldfields Road and exiting from the access nearest Burton Road.

10) All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

11) The existing pram crossing is to be modified to the satisfaction of Shire of Esperance (Asset Management Division) at the cost of the applicant.

12) A Shared Car Parking Agreement is to be negotiated between the Developer and Castletown IGA with a signed copy to be provided to the Shire of Esperance.

13) No parking or display of vehicles and/or equipment shall occur within the Goldfields Road verge area at any time.

14) 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 (Asset Management Division).

15) 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.

16) 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.

17) A suitably sized grease trap is to be installed to satisfy the increased scale of development. Please contact the Water Corporation for advice in regards to trade waste.

18) 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.

19) The materials to be used on the external surfaces of the proposed extension to the building shall complement the existing building’s materials used in the construction of the existing building to the satisfaction of the Shire of Esperance (Planning Services).

20) 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).

21) A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services). 

22) Rubbish enclosure areas adequate to service the development are to be constructed and provided in accordance with the Shire of Esperance Health Local Laws 2009 prior to the occupation or use of the development to the satisfaction of the Shire of Esperance (Environmental Health Services).

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

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 National Construction Code, 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)   All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

7)   The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

8)   The approved development is required to comply with the following legislation (as amended from time to time):

·    Health (Miscellaneous Provisions) Act 1911

·    Occupational Safety and Health Regulations 1996

·    Sewerage (Lighting, Ventilation & Construction) Regulations 1971

·    Environmental Protection (Noise) Regulations 1997

·    Food Act 2008 and Food Regulations 2009

·    Health Act (Laundries and Bathrooms) Regulations 1971

·    Health (Smoking in Enclosed Public Places) Regulations 1999

9)   The development is defined as a “Food Business” under the Food Act 2008.  The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

10) In accordance with the provisions of the Food Act 2008 and Food Regulations 2009 an application to notify the food business hereby permitted must be submitted and approved by the Shire of Esperance (Health Services) prior to the commencement of operations.

11) Prior to commencement of development, an Application to Fit out of the food premises shall be submitted to and approved by Shire of Esperance (Environmental Health Services). Application information required is to be in line with Shire of Esperance Food Premise Design, Construction & Fit-Out Guide.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

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

13) The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

14) Building application to include details of the fume extraction and ventilation systems including exhaust canopies and smoker for compliance with associated and relevant standards to ensure no nuisance to amenity. The fume extraction and ventilation system shall be installed prior to the commencement of use of the premises and thereafter retained and maintained as per the manufacturer’s specifications to the satisfaction of the Shire of Esperance.

15) Asbestos is to be removed and disposed of in accordance with the Health (Disposal of Asbestos Waste) Regulations 1984 and Worksafe Western Australia Requirements.

16) It is recommended that provision be made for staff parking to the rear of the building.

Council Resolution

That Council approves Development Application 10.2020.4417.1 for a Restaurant and Takeaway at Lot 307 (55) Goldfields Road, Castletown 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 Restaurant/Cafe only and for no other purpose unless otherwise approved in accordance with the provisions of Local Planning Scheme No. 24 (refer attached definition as extracted from Schedule 1 – Definitions of LPS 24).

a.   Restaurant/Cafe means premises primarily used for the preparation, sale and serving of food and drinks for consumption on the premises by customers for whom seating is provided, including premises that are licenced under the Liquor Control Act 1988;

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)   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.

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 ten (10) sealed 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)   Prior to the commencement of the use, vehicle parking, manoeuvring and circulation areas shall be suitably constructed, repaired, sealed, drained, kerbed, marked (including disabled bays) and thereafter maintained to the satisfaction of the Shire of Esperance (Asset Management Division). 

9)   The existing sealed car parking area is to be a one-way through arrangement, with people entering from the entrance nearest to Goldfields Road and exiting from the access nearest Burton Road.

10) All car parking areas and access ways shall be maintained for their stated purpose at all times and shall not be used for display or general storage purposes.

11) The existing pram crossing is to be modified to the satisfaction of Shire of Esperance (Asset Management Division) at the cost of the applicant.

12) No parking or display of vehicles and/or equipment shall occur within the Goldfields Road verge area at any time.

13) 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 (Asset Management Division).

14) 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.

15) 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.

16) A suitably sized grease trap is to be installed to satisfy the increased scale of development. Please contact the Water Corporation for advice in regards to trade waste.

17) 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.

18) The materials to be used on the external surfaces of the proposed extension to the building shall complement the existing building’s materials used in the construction of the existing building to the satisfaction of the Shire of Esperance (Planning Services).

19) 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).

20) A bin storage area shall be provided on-site and screened from public view to the satisfaction of the Shire of Esperance (Environmental Health Services). 

21) Rubbish enclosure areas adequate to service the development are to be constructed and provided in accordance with the Shire of Esperance Health Local Laws 2009 prior to the occupation or use of the development to the satisfaction of the Shire of Esperance (Environmental Health Services).

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

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 National Construction Code, 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)   All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.

7)   The developer is to liaise with Shire of Esperance (Statutory Compliance) to determine any requirement for additional approvals for any signage proposed to be erected on site.

8)   The approved development is required to comply with the following legislation (as amended from time to time):

·    Health (Miscellaneous Provisions) Act 1911

·    Occupational Safety and Health Regulations 1996

·    Sewerage (Lighting, Ventilation & Construction) Regulations 1971

·    Environmental Protection (Noise) Regulations 1997

·    Food Act 2008 and Food Regulations 2009

·    Health Act (Laundries and Bathrooms) Regulations 1971

·    Health (Smoking in Enclosed Public Places) Regulations 1999

9)   The development is defined as a “Food Business” under the Food Act 2008.  The development must comply with the Food Act 2008 and Food Regulations 2009 and the Australian New Zealand Food Standards Code.

10) In accordance with the provisions of the Food Act 2008 and Food Regulations 2009 an application to notify the food business hereby permitted must be submitted and approved by the Shire of Esperance (Health Services) prior to the commencement of operations.

11) Prior to commencement of development, an Application to Fit out of the food premises shall be submitted to and approved by Shire of Esperance (Environmental Health Services). Application information required is to be in line with Shire of Esperance Food Premise Design, Construction & Fit-Out Guide.

A final inspection of the premises will be required to be carried out by Environmental Health Services prior to commencing operation.

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

13) The development the subject of this development approval must comply with the Environmental Protection Act 1986 and the Environmental Protection (Unauthorised Discharge) Regulations 2004 in relation to discharges into the environment.

14) Building application to include details of the fume extraction and ventilation systems including exhaust canopies and smoker for compliance with associated and relevant standards to ensure no nuisance to amenity. The fume extraction and ventilation system shall be installed prior to the commencement of use of the premises and thereafter retained and maintained as per the manufacturer’s specifications to the satisfaction of the Shire of Esperance.

15) Asbestos is to be removed and disposed of in accordance with the Health (Disposal of Asbestos Waste) Regulations 1984 and Worksafe Western Australia Requirements.

16) It is recommended that provision be made for staff parking to the rear of the building.

CARRIED

F6 – A2

(Against Cr Chambers & Cr Obourne)

12.1.5         Local Planning Scheme No. 24 - Amendment No. 6

Moved:           Cr O'Donnell

Seconded:     Cr Parker

O0920-317

Council Resolution

That Council:

1)   In accordance with Regulation 50(3)(b) of the Planning and Development (Local Planning Schemes) Regulations 2015 support draft Amendment No. 6 with no modifications;

CARRIED

F9 - A0

12.1.6         Development Application - Oversized Outbuilding (Shed) - Lot 45 (43) Peek Road, West Beach

Moved:           Cr Obourne

Seconded:     Cr O'Donnell

O0920-318

Council Resolution

That Council resolve to approve Development Application 10.2020.4433.1 for an Oversized Outbuilding at Lot 45 (43) Peek Road, West Beach 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.   During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).

3.   The approved outbuilding shall not be used for commercial or industrial uses.

4.   The approved outbuilding shall not be used for human habitation without the express written consent of the Shire of Esperance.

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

6.   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).

7.   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.

8.   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.

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

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

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.

CARRIED

F8 - A0

12.1.7         Proposed transfer of Lot 299 (1A) Goldfields Road

Moved:           Cr Payne

Seconded:     Cr Piercey

O0920-319

Officer’s Recommendation

That Council advise the Department of Planning, Heritage and Lands that it will take on the responsibility for the structures on the site and support the amalgamation Lot 299 (1A) Castletown Quays, Castletown with Reserve 26967.

Council Resolution

That Council advise the Department of Planning, Heritage and Lands that it will take on the responsibility for the structures on Lot 299 (1A) Goldfields Road, Castletown and request that it form a new reserve with the same purposes and conditions as Reserve 26967 with the additional land use of ‘tourism accommodation’.

CARRIED

F9 - A0

12.2.1         Pink Lake Road Shared Path Concept Design

Moved:           Cr Payne

Seconded:     Cr Piercey

O0920-320

Officer’s Recommendation

That Council

1.   Endorse the Pink Lake Road Shared Path Corridor - Concept Design; and

2.   Request the CEO to investigate options to improve the Pink Lake Road and Padbury Street intersection for budget consideration.

Council Resolution

That Council endorse the Pink Lake Road Shared Path Corridor - Concept Design

CARRIED

F8 - A0

Motion

Moved:           Cr McMullen

Seconded:     Cr O'Donnell

O0920-321

Council Resolution

That Council request the CEO to investigate options to improve the Pink Lake Road and Padbury Street intersection for budget consideration.

CARRIED

F9 - A0

12.3.1         Financial Services Report - August 2020

Moved:           Cr Parker

Seconded:     Cr McMullen

O0920-322

Council Resolution

That the report entitled Monthly Financial Management Report (incorporating the Statement of Financial Activity) for the month of August 2020 as attached be received.

CARRIED

F9 - A0

12.3.2         Lease Renewal - Amanda Thomas - Sinclair House Museum Village

Moved:           Cr McMullen

Seconded:     Cr Obourne

O0920-323

Council Resolution

That Council agrees to;

1.  Enter into a new lease with Amanda Thomas for Old Sinclair House in the Museum Village, portion of Lots 60 and 61 Dempster Street, Esperance;

2.  Lease term being 5 years;

3.  Lease rent to be $10,702.20 Inc GST per annum, and that Council consider this value to be a true indication of the current market rental rate;

4.  Lease rental to be subject to annual increases based on CPI;

5.  All lease terms and conditions being as per Council’s standard commercial lease; and

6.  The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F9 - A0

12.3.3         New Policy - Live Streaming and Recording of Meetings

Moved:           Cr Obourne

Seconded:     Cr Payne

O0920-324

Council Resolution

That Council agrees to adopt the Live Streaming and Recording of Meetings Policy.

CARRIED

F8 – A1

(Against Cr Piercey)

12.3.4         Request to Waive Basketball Court Fees

Moved:           Cr McMullen

Seconded:     Cr Parker

O0920-325

Council Resolution

That Council refuse the request to waive court fees for the 2020/2021 Basketball season.

CARRIED

F8 - A0

12.4.1         Information Bulletin - August 2020

Moved:           Cr Parker

Seconded:     Cr Piercey

O0920-326

Council Resolution

That Council accepts:

1.    Information Bulletin - August 2020

2.    Corporate Performance Report - August 2020

3.    Letter of Appreciation - Esperance Chamber of Commerce & Industry (ECCI) - Silver Sponsorship

4.    Letter of Appreciation – Victorian Councils

5.    Lake Condolence Letter - Department of Fire & Emergency

6.    Letter - Esperance Domestic Violence Assist

CARRIED

F9 - A0

12.4.2         Land Tender

Moved:           Cr Payne

Seconded:     Cr Graham

O0920-327

Council Resolution

That Council

1.    Direct the CEO to advertise all unsold lots within Flinders Stage 2 and Lots 861 and 862 Hockey Place (excluding any lots that are under contract at the time the tender is advertised) for sale by tender.

2.    Accept the valuation report from Herron Todd White for the unsold Flinders lots, undertaken in February 2020 and confirm it believes that the valuations received from Opteon Property Group for the Hockey Place Lots undertaken in February 2017 and Heron Todd White in February 2020, continue to be a fair indication of the value of the unsold lots.

3.    Relist all lots that do not receive an offer through the tender process at the following prices:

4.    Delegate authority to the CEO to negotiate and accept offers on these listed properties at or above the Minimum Acceptable Sale Price identified in the schedule within Attachment E (Listing and Sale Prices).

CARRIED

F9 - A0

12.4.3         Concessional Pricing for Using the Civic Centre Auditorium During COVID-19 Restrictions

Moved:           Cr Piercey

Seconded:     Cr Chambers

O0920-328

Council Resolution

That Council halve the rates of hire for the Civic Centre auditorium as a concession to support the use of the facility while capacity continues to be capped at a maximum of 1 person per 2 square metres or less within the venue due to COVID-19 restrictions.

CARRIED

F9 - A0

Suspension of Standing Orders

Moved:           Cr Payne

Seconded:     Cr Chambers

O0920-329

That Section 3.3 of the Standing Orders be suspended to allow for discussion of item 12.4.4.

CARRIED

F9 - A0

Resumption of Standing Orders

Moved:           Cr Obourne

Seconded:     Cr Parker

O0920-330

That Standing Orders be resumed.

CARRIED

F9 - A0

12.4.4         Proposal from Helispirit to operate from the James Street Groyne

Moved:           Cr Obourne

Seconded:     Cr Parker

O0920-331

Officer’s Recommendation

That Council

1.   Approve the traders permit application from Helicopter Film Services Pty Ltd trading as Helispirit for use of the areas identified in the attached diagram (attachment B) subject to the following conditions:

a.   Compliance with the Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016;

b.   Compliance with Shire of Esperance Council Policy Trading in Public Places;

c.   Compliance with Shire of Esperance Council Policy Advertising Signage in a Thoroughfare of Public Place

d.   Compliance with Environmental Protection (Noise) Regulations 1997;

e.   That the exclusive use of the permit area is provided to the Permit Holder during hours of operation/use of the permit area only , however this does not preclude use for emergency landings or medical evacuation or sea search and rescue operations;

f.    No landing or departure flights shall be permitted prior to 0900 on any day, except flights in connection with emergencies i.e. fire, rescue, accident etc.

g.   Flights may be conducted during daylight hours only;

h.   Compliance with applicable Civil Aviation Safety Authority requirements;

i.    Walkways, Driveways and carparks are not to be obstructed;

j.    No posters or promotional material are to be affixed to any structure, plant or wall;

k.   People are to be allowed to go about their business without harassment or coercion;

l.    The Permit holder is responsible for any restitution of the permit area as a result of their activities;

m.  The area is to be left in a neat and tidy condition;

n.   Current Public Liability Insurance; and,

o.   Permit period is valid until 30^th June 2025;

and advice notes:

a)   Operate in accordance Fly Neighbourly Principles

b)   Minimise the flight paths over townsite area,

2. Delegate authority to the CEO to negotiate the exact land areas with Helicopter Film Services Pty Ltd trading as Helispirit and any minor amendments to the conditions and advice notes required to finalise the trader’s permit.

Council Resolution

That Council

1.  Approve the traders permit application from Helicopter Film Services Pty Ltd trading as Helispirit for use of the areas identified in the attached diagram (attachment B) subject to the following conditions:

a.  Compliance with the Shire of Esperance Activities in Thoroughfares and Public Places and Trading Local Law 2016;

b. Compliance with Shire of Esperance Council Policy Trading in Public Places;

c.  Compliance with Shire of Esperance Council Policy Advertising Signage in a Thoroughfare of Public Place

d. Compliance with Environmental Protection (Noise) Regulations 1997;

e.  That the exclusive use of the permit area is provided to the Permit Holder during hours of operation/use of the permit area only , however this does not preclude use for emergency landings or medical evacuation or sea search and rescue operations;

f.  No landing or departure flights shall be permitted prior to 0800 on any day, except flights in connection with emergencies i.e. fire, rescue, accident or with the written approval of the CEO.

g. Flights may be conducted during daylight hours only;

h. Compliance with applicable Civil Aviation Safety Authority requirements;

i.   Walkways, Driveways and carparks are not to be obstructed apart from the designated operational  areas;

j.   No posters or promotional material are to be affixed to any structure, plant or wall;

k.  People are to be allowed to go about their business without harassment or coercion;

l.   The Permit holder is responsible for any restitution of the permit area as a result of their activities;

m. The area is to be left in a neat and tidy condition;

n. Current Public Liability Insurance; and,

o. Approval is valid until 30th June 2025 subject to payment of the annual traders permit fee as prescribed in Councils Fees and charges;

p. Provision of an Operational Management Plan with respect to operations conducted from the James St Groyne to the satisfaction of the Shire of Esperance Chief Executive Officer; including

i.   Refuelling Management

ii.  Complaints Handling

iii. Flight paths and times of operation

iv. Management of Public Safety

With this Operational Management Plan being reviewed after the first six (6) weeks of operations and then on each renewal of the Annual Traders Permit.

and advice notes:

a) Operate in accordance Fly Neighbourly Principles

b) Minimise the flight paths over townsite area,

2. Delegate authority to the CEO to negotiate the exact land areas (including carpark location for booking van) with Helicopter Film Services Pty Ltd trading as Helispirit and any minor amendments to the conditions and advice notes required to finalise the trader’s permit.

CARRIED

F9 - A0

13.1  Minutes of Committees

Moved:           Cr Parker

Seconded:     Cr O'Donnell

O0920-332

Council Resolution

That Council accept the following unconfirmed minutes:

1.  Esperance Roadwise Committee - 10 August 2020

2.  Streetscape Advisory Committee - 20 August 2020

3.  Local Recovery Committee - 25 August 2020

4.  Reconciliation Action Plan Working Group - 31 August 2020

CARRIED

F9 - A0

13.2  Esperance Road Respect Initiative

Moved:           Cr Payne

Seconded:     Cr McMullen

O0920-333

Committee Recommendation

That Council underwrite the $2500 balance required to complete the Esperance Road Respect Initiative Promotional campaign.

·    Total Project cost being - $5500

·    $2500 being received from RAC

·    $500 being received from the Esperance Roadwise Committee

·    Balance owing - $2500 to be sought from other sources (eg. Southern Ports, Aurizon & CBH)

Council Resolution

That Council approves a budget variation for the Esperance Road Respect Initiative as detailed in the  below:

CARRIED

F9 - A0

13.3  Airport Risk Register

Moved:           Cr McMullen

Seconded:     Cr Chambers

O0920-334

Council Resolution

That Council

1.  Endorse the Safety Management System Risk Register for the Esperance Airport as attached and

2.  Is presented with the Safety Management System Risk Register for the Esperance Airport annually.

CARRIED

F9 - A0

13.4  Interim Audit Management Letter

Moved:           Cr McMullen

Seconded:     Cr O'Donnell

O0920-335

Council Resolution

That Council note the matters raised in the Interim Audit Management Letter and the recommendations to reduce the risk.

CARRIED

F9 - A0

13.5  Review of Financial Management Practices

Moved:           Cr McMullen

Seconded:     Cr O'Donnell

O0920-336

Council Resolution

That Council receive the report entitled Financial Management Review from the Chief Executive Officer for compliance with the requirement of Reg. 5 (2) (c) of the Local Government (Financial Management) Regulations 1996.

CARRIED

F9 - A0

Motion

Moved:           Cr Obourne

Seconded:     Cr Chambers

O0920-337

That Council accept the following late items:

16.1   Urban Node Trial

16.2   Sub Committee Reports

CARRIED

F9 - A0

16.1       Urban Node Trial

Officer’s Recommendation

That Council request the CEO to:

1. Reconfigure the French Hot Bread Shop Urban Node for the remainder of the trail to;

a.    Reduce the size of the Urban Node;

b.    Install a bollard to prevent cars parallel parking next to the Urban Node; and

c.    Install some fixed furniture; and

2.  Undertake public and business consultation at the end of the Urban Node trial on the trial.

MOTION

Moved:            Cr Obourne

Seconded:      Cr Piercey

That Council request the CEO to:

1. Remove the Urban Node in front of the French Hot Bread Shop; and

2. Undertake public and business consultation at the end of the trial period on the remaining Urban Nodes.

AMENDMENT

Moved:           Cr Chambers

Seconded:     Cr McMullen

That Council request the CEO to:

1. Remove the Urban Node in front of the French Hot Bread Shop; and

2. Undertake public and business consultation at the end of the trial period on the remaining Urban Nodes.

3. Work with the French Hot Bread Shop to maximise the use of their alfresco area.

CARRIED

F6 – A2

(Against Cr Piercey & Cr O’Donnell)

The amendment became the substantive motion…

O0920-338

Council Resolution

That Council request the CEO to:

1. Remove the Urban Node in front of the French Hot Bread Shop; and

2. Undertake public and business consultation at the end of the trial period on the remaining Urban Nodes.

3. Work with the French Hot Bread Shop to maximise the use of their alfresco area.

CARRIED

F8 - A0

16.2       Sub Committee Reports

Moved:           Cr Obourne

Seconded:     Cr O'Donnell

O0920-339

Officer’s Recommendation

That Council;

1.  Endorse the recommendations from the Community Support Sub Committee to the Local Recovery Committee, from IGO funding, to allocate up to $5,000 for the acquisition of locally made, or if unavailable locally purchased, hand sanitizer stations for use by the community at events.

2.  Endorse the recommendations from the Community Support Sub Committee to the Local Recovery Committee, from IGO funding, Allocate $3,600 to purchase vouchers from local businesses to pay entertainers over the summer period to provide daily entertainment at locations around town.

3.  Endorse the recommendations from the Economic Sub Committee to the Local Recovery Committee, from IGO funding, to allocate up to $50,000 to ECCI to support the Esperance Business COVID Recovery Program

4.  Endorse the recommendations from the Economic Sub Committee to the Local Recovery Committee, from IGO funding, allocate up to $32,500 to Australia’s Golden Outback to support the Esperance Destination Product Development Proposal.

Council Resolution

That Council endorse the recommendations from the Economic Sub Committee to the Local Recovery Committee, from IGO funding, to allocate up to $50,000 to ECCI to support the Esperance Business COVID Recovery Program

CARRIED

F7 - A0

Motion

Moved:           Cr Parker

Seconded:     Cr McMullen

O0920-340

Council Resolution

That Council;

1.  Endorse the recommendations from the Community Support Sub Committee to the Local Recovery Committee, from IGO funding, to allocate up to $5,000 for the acquisition of locally made, or if unavailable locally purchased, hand sanitizer stations for use by the community at events.

2.  Endorse the recommendations from the Community Support Sub Committee to the Local Recovery Committee, from IGO funding, Allocate $3,600 to purchase vouchers from local businesses to pay entertainers over the summer period to provide daily entertainment at locations around town.

3.  Endorse the recommendations from the Economic Sub Committee to the Local Recovery Committee, from IGO funding, allocate up to $32,500 to Australia’s Golden Outback to support the Esperance Destination Product Development Proposal.

CARRIED

F9 - A0

Motion

Moved:           Cr Piercey

Seconded:     Cr Payne

O0920-341

That Council move item 18 forward for discussion.

CARRIED

F9 - A0

Moving behind closed doors

Moved:           Cr McMullen

Seconded:     Cr Parker

O0920-342

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  Expressions of Interest - Old Station Master's Ticket Box

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

17.2  Expressions of Interest - Old Police Sergeant's Quarters

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

17.3  Lease Surrender - Old Hospital Building - Andrea McVeigh

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

17.4  Take Possession of Land with the Intent to Sell

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal  information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

17.5  Interim Head Tax Agreement - Regional Express (REX) Airlines

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

CARRIED

F9 - A0

17.1  Expressions of Interest - Old Station Master's Ticket Box

Moved:           Cr McMullen

Seconded:     Cr Parker

O0920-343

Council Resolution

That Council, subject to Department of Lands approval, agrees to:

1.   Enter into a lease with Matthys du Plessis for the Old Station Master’s Ticket Box at the Museum Village, portion of Lot 103 on Plan 209686, Dempster St, Esperance;

2.   Lease term to be 5 years;

3.   Lease rental to be $3,725.70 Inc GST per annum, and that Council consider the valuation obtained in April 2017 to be a true indication of the current market rental rate;

4.   Lease rental to be subject to annual increases based on CPI;

5.   All lease terms and conditions being as per Council’s standard commercial lease; and

6.   The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F8 - A0

17.2  Expressions of Interest - Old Police Sergeant's Quarters

Moved:           Cr Parker

Seconded:     Cr McMullen

O0920-344

Council Resolution

That Council agrees to:

1.  Enter into a lease with Dimity Siemer for the Old Police Sergeant’s Quarters at the Museum Village, portion of Lots 58 and 59 on Diagram 5742, Dempster St, Esperance;

2.  Lease term to be 5 years;

3.  Lease rental to be $15,065.60 Inc GST per annum, and that Council consider this value to be a true indication of the current market rental rate;

4.  Lease rental to be subject to annual increases based on CPI;

5.  All lease terms and conditions being as per Council’s standard commercial lease; and

6.  The disposition being advertised in accordance with s3.58 of the Local Government Act 1995 for Disposing of Property.

CARRIED

F9 - A0

17.3  Lease Surrender - Old Hospital Building - Andrea McVeigh

Moved:           Cr Chambers

Seconded:     Cr Obourne

O0920-345

Council Resolution

That Council agrees to;

1.   Surrender the lease with Andrea McVeigh for the Old Hospital Building Museum Village, portion of Lot 61 on Diagram 5742, Dempster Street, Esperance;

2.   Lease Surrender fee of $215 Inc GST being payable; and

3.   All signage being removed from the building prior to the surrender being finalised.

CARRIED

F9 - A0

17.4  Take Possession of Land with the Intent to Sell

Moved:           Cr Parker

Seconded:     Cr Graham

O0920-346

Council Resolution

That Council

1.   Note the Property Seizure and Sale Order has been unsuccessful due to the encumbrances owed to the property such as mortgage, rates, land taxes and caveats related to the property it has been determined there is no equity available for the auction to occur.

2.   Resolves to exercise its power of sale under Section 6.64 for the Local Government Act 1995 (WA) on Assessment 26674. Noting that the Shire has attempted to recover the outstanding rates by commencing proceedings in the Magistrates Court of WA under the Civil Judgement  Enforcement Act 2004 (WA).

3.   Agrees to taking possession of the land in accordance with Section 6.64 of the Local Government Act 1995 (WA).

4.   Appoints CS Legal to act on behalf of the Shire to take possession of the property.

5.   Authorise the CEO to set a reserve amount on sale by auction.

CARRIED

F8 - A0

17.5  Interim Head Tax Agreement - Regional Express (REX) Airlines

Moved:           Cr Chambers

Seconded:     Cr McMullen

O0920-347

Council Resolution

That Council

1.   Authorise the CEO to enter into and sign an interim agreement with Regional Express to 30 June 2021 subject to Regional Express committing to continue the Community Fare at the current rate of $138; and

2.   Set the head tax payable at $23, backdated to 1 April 2020.

CARRIED

F9 - A0

Coming from behind closed doors

Moved:           Cr Graham

Seconded:     Cr Payne

O0920-348

That the meeting come from behind closed doors.

CARRIED

F9 - A0