Minutes of Ordinary Council

Ordinary Council: Minutes

27 October 2020 Page 21

SHIRE OF ESPERANCE

MINUTES

Ordinary Council Meeting HELD IN Council Chambers ON
27 October 2020.

COMMENCING AT 4pm

1. OFFICIAL OPENING

The Shire President declared the meeting open at 4.02pm and did an acknowledgement to country.

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

2. ATTENDANCE

Members

Cr I Mickel, AM JP President Rural Ward

Cr B Parker Deputy President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr S Payne, JP Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Shire Officers

Mr S Burge Chief Executive Officer

Mr M Walker Director Asset Management

Mr S McKenzie Acting Director External Services

Ms B O’Callaghan Acting Director Corporate Resources

Mr R Hindley Manager Strategic Planning & Land Projects

Miss A McArthur Executive Assistant

Mr J Sudmeyer Media & Communications Officer

Members of the Public & Press

Mr J Stuart Item 5

Mrs V Oversby Item 12.1.6

Mrs K Beasley Item 12.1.8

Mr M Beasley Item 12.1.8

Mr R Smoker Item 7

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Nil

4. APPLICATIONS FOR LEAVE OF ABSENCE

Motion

Moved: Cr McMullen

Seconded: Cr O’Donnell

O1020-302

That Council accept the following leave of absence:

Cr Piercey 1 November until 27 November 2020

Cr Parker 30 October until 2 November 2020

CARRIED

F9 - A0

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

Cr Mickel invited Cr Piercey to make a presentation.

Cr Piercey stated that this year Western Australia is celebrating 100 years of women in local government.

Cr Piercey to presented a Certificate of Recognition to John Stuart on behalf of his late Mother Jeane Stuart, who was the first women Councillor of the Shire of Esperance in 1970. Jeane Served on Council from 1970 – 1974 then again form 1978 – 1983.

Cr Piercey gave Council, staff and members of the gallery background on Jeane and described her as an exceptional woman.

Cr Piercey left the Chamber at 4.13pm and did not return.

6. DECLARATION OF MEMBERS INTERESTS

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

Cr Chambers declared a financial interest in item 16.1 as the matter will affect his business.

Cr Payne declared a financial interest in item 12.1.2 as she provides holiday accommodation.

Cr Payne declared a financial interest in item 12.1.7 as her husband is the applicant.

Cr Payne declared a financial interest in item 12.3.3 as she is an owner of a food van.

Cr McMullen declared a financial interest in item 12.3.2 as he owns and operates a gym in the Shire of Esperance.

Cr McMullen declared a financial interest in item 16.1 as he operates a business directly across the Boulevard.

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

Cr McMullen declared a proximity interest in item 17.5 as he owns a residence across the road from the property in question.

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr Chambers declared an impartiality interest in item 13.2 as he is a member of the Bush Fire Advisory Committee.

Mr McKenzie declared an impartiality interest in item 16.2 as the Coastal Safety Workgroup is utilising the services of his son in a volunteer capacity to take photos for the campaign.

7. PUBLIC QUESTION TIME

1. Mr R Smoker – Randell Street

Mr Smoker provided his questions in advanced to the meeting and were responded to by Chief Executive Officer in writing.

I wish to bring to the attention of Council a pedestrian hazard on Randell Street. For a number of weeks a fenced worksite on Randell Street has been left abandoned and unattended. My understanding is that this site is the responsibility of the Water Corporation.

The Randell Street footpath running north/south is regularly used by seniors and schoolchildren. It offers direct access to a shopping centre, school, library, civic centre and the shire building.

I believe the attached photographs adequately portray the safety hazards.

Between the end of the compacted gravel and the recommencement of the bituminised path is an area of soft sand. I have observed my 90-year-old neighbour negotiating this impediment in his gopher. He has had to accelerate through the sand so he doesn't become bogged - an accident waiting to happen. I am aware of other seniors who prefer to take the long way round, down Hicks Street and right into Windich Street.

I am astounded that the corporation responsible has not made any effort to provide a safe passage for pedestrians.

My questions to Council are:

Who is responsible?

Why has the worksite been abandoned for so long?

When will the community be provided with safe passage along Randell Street?

Assuming this is not a Shire responsibility, can the Shire 'put some pressure' on the relevant corporation to rectify this problem - before a serious accident occurs.

I request that a response to this letter be tabled at the Ordinary Council Meeting on Tuesday October 27, 2020 and be included in the minutes of the meeting.

Response

Thank you for your questions presented at the Agenda Briefing Session on 20 October 2020 regarding a potential pedestrian hazard on Randell Street. The answers to your questions are as follows:

Who is responsible?

The site is under the management of a Water Corporation Contractor.

Why has the worksite been abandoned for so long?

While we are not responsible for this site, we have contacted the Water Corporation and

understand complications were experienced during backfill works.

When will the community be provided with safe passage along Randell Street?

The Water Corporation has confirmed they will be backfilling the site early next week. In the interim, the Shire's Town Construction Crew are establishing a temporary footpath around the fenced site. Once the backfilling work has been completed, the Shire will be able to commence repairs to the footpath in the area. Both the reinstatement of the footpath and installation of the temporary footpath will be paid for by the Water Corporation.

We appreciate you bringing this issue to our attention, should you have any concerns similar to this in the future, feel free to contact the Shire directly so we can resolve the issue as soon as possible. I trust these responses answer your queries. Should you require any additional information, please do not hesitate to contact me.

2. Mr R Smoker – Esperance New Jetty Historic Section

Mr Smoker provided his questions in advanced to the meeting and were responded to by Chief Executive Officer in writing.

On October 10, 2020, the Kalgoorlie Miner published a story headlined 'Shire toasts as jetty halfway to completion'.

The eighth paragraph reads: "The jetty is being built progressively to a length of 400m out to sea, with the 'heritage' section constructed first with timber decking sourced from the recovered pieces of the original tanker jetty." Personal observation and other witnesses attest to the timber already in place as new, and not salvaged.

According H+H Architect's draft concept plan from two years ago, the only utilisation of salvaged timber was to be as a few inlays and a transition strip. Otherwise, no salvaged timber was to be used in the structure.

Six days after the release of the draft concept plan, I submitted a letter to the Draft Concept Design Feedback. In the letter I highlighted the lack of utilisation of salvaged timber, particularly in the historic section. I am not an expert in timber or marine engineering, but I knew from other experts that there was a significant amount of salvaged timber that could be used to create a truly 'historic' feature on the replacement jetty. Whilst I got a response to other issues I raised, I did not get a response to this issue. H+H Architects subsequently identified a significant amount of Grade 1 salvaged timber.

I believe the Esperance community, and visitors, have missed out on a once-in-a-lifetime opportunity to celebrate a truly 'historic' experience - to walk on the 85-year-old planks salvaged from a state icon. Imagine the historic section signposted "Take a walk on the commemorative boardwalk". Imagine the photo opportunities. Properly treated, there is no reason the planks couldn't last another 85 years. And a reserve of planks could be kept in storage for replacement if required.

My question to Council is:

How much salvaged timber is being used on the decking of the historic section?

I request that a response to this letter be tabled at the Ordinary Council Meeting on Tuesday, October 27, 2020 and be included in the minutes of the meeting.

Response

Thank you for your questions presented at the Agenda Briefing Session on 20 October 2020

regarding the historic section of the New Esperance Jetty. In your letter to Council you questioned how much salvaged timber is being used on decking of the historic section.

Unfortunately the salvaged timber from the Esperance Tanker Jetty, including the grade 1 timber,

is not a high enough standard to be used structurally on the new jetty. However, salvaged timber

will be used for items on the jetty such as seating and other interpretive elements.

With regards to the article in the Kalgoorlie Miner you referred to which reads "The jetty is being

built progressively to a length of 400m out to sea, with the 'heritage' section constructed first with

timber decking sourced from the recovered pieces of the original tanker jetty." This statement is

incorrect.

I hope these answers provide some clarity. Should you require any additional information, please do not hesitate to contact me.

3. Dr K Nieukerke

Dr Nieukerke provided his questions in advance to the meeting and read aloud by the Chief Executive Officer.

On October 1 legislation came into effect that places a 10ct deposit on recyclable bottles and cans. I believe Esperance intends to install bottle banks where this deposit can be reclaimed.

Can Council advise what is currently in place to facilitate the refunds. I have not observed any bottle bank as yet in Esperance. If these are to be implemented, how many will be introduced, where will they be located and when can we expect them to be operational.

Mr Burge responded that the Container Deposit Scheme is State Government legislation. The State Government appointed a Scheme Coordinator (WA Return Recycle Renew - WARRRL), WARRRL has appointed various Refund Points to accept the returned eligible containers. There is a Refund Point at 19 Effie Turner Drive. Mr Burge added it is the responsibility of the Refund Point Operator to arrange for any additional collection points/bottle banks/reverse vending machines if they see a commercial need for this.

While collecting my grandkids after school I have observed the bus 'exchange' outside the Esperance Primary School. It is an efficient, effective and well run operation. Even so, some kids spend some time waiting for their bus. During this time they are exposed to the elements, whether this is rain in winter or UV in summer.

Members have asked if Council could consider installing adequate shelters.

Mr Burge explained there has been previous correspondence with the Esperance Primary School regarding bus shelters. He added the Shire is supportive of the school installing shelters on the road reserve if they can secure funding. Our position on this matter has not changed although Council may wish to consider bus shelters during budget considerations.

8. PUBLIC ADDRESSES / DEPUTATIONS

Nil

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

Moved: Cr O'Donnell

Seconded: Cr McMullen

O1020-303

That the Minutes of the Ordinary Council Meeting of the 22 September 2020 be confirmed as true and correct records.

CARRIED

F8 - A0

Moved: Cr Obourne

Seconded: Cr Parker

O1020-304

That the Minutes of the Special Council Meeting of the 1 October 2020 be confirmed as true and correct records.

CARRIED

F8 - A0

Moved: Cr Chambers

Seconded: Cr Payne

O1020-305

That the Minutes of, the Special Council Meeting of the 22 September 2020 be confirmed as true and correct records.

CARRIED

F8 - A0

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Cr Chambers

23 Sep Attended the Tanker Chronicles Book Launch

14 Oct Attended Cheque Presentation-Schmitt Family

12 Oct Met with the Hon Tinley – Minister for Fisheries

20 Oct Met with the Hon Dave Kelly – Minister for Water

21 Oct Attended Dinner with WALGA CEO Nick Sloan and President Tracey Roberts

Cr Obourne

24 Sep Chaired the Community Support Sub Committee Meeting

24 Sep Constituent Meeting regarding Town Planning/Regs around starting up a new business

24 Sep Attended ECCI Business After Hours

25 Sep Attended Waste Conference

6 Oct Constituent Meeting regarding Esperance Power Project

12 Oct Met with the Hon Tinley – Minister for Fisheries

14 Oct Streetscape Committee Meeting

16 Oct Attended the Adventureland Park Playground Grand-Opening

20 Oct Meeting regarding Council position on Shark Response

20 Oct Met with the Hon Dave Kelly – Minister for Water

22 Oct Chaired the Community Support Sub Committee Meeting

22 Oct Attended Streetscape Advisory Committee Meeting

22 Oct Attended webinar on Chairing Meetings

23 Oct Spoke at the Esperance Women’s Leadership Network

26 Oct Attended AGM of the Senior Citizens Centre

Cr O’Donnell

22 Sep Attended the opening of the Esperance Wildflower Festival

25 Sep Attended Waste Conference via Virtual

5 Oct Visited Esperance Home Care and delivered Meals on Wheels

12 Oct Attended meeting with Peter Tinley and Ocean Safety Group

14 Oct Attended Cheque Presentation-Schmitt Family

16 Oct Attended Adventureland Park Playground Opening

19 Oct Attended RAP Group Meeting

20 Oct Attended Meeting with Hon Dave Kelly and Hon Darren West

21 Oct Attended Dinner with WALGA CEO Nick Sloan and President Tracey Roberts

27 Oct Attended a Citizenship Ceremony

Cr Graham

24 Sep Attended ECCI business After Hours

12 Oct Met with the Hon Tinley – Minister for Fisheries

20 Oct Met with the Hon Dave Kelly – Minister for Water

21 Oct Attended Dinner with WALGA CEO Nick Sloan and President Tracey Roberts

Cr Payne

24 Sep Attended ECCI business After Hours

24 Sep Attended Dirt Music special presentation

25 Sep Attended WALGA AGM and Policy Forum

12 Oct Met with the Hon Tinley – Minister for Fisheries

19 Oct Attended Reconciliation Action Plan Committee Meeting

20 Oct Attended Water Forum with Hon David Kelly and local farming representatives

22 Oct Attended Streetscape Committee Workshop

Cr McMullen

12 Oct Met with the Hon Tinley – Minister for Fisheries

20 Oct Met with the Hon Dave Kelly – Minister for Water

21 Oct Attended Dinner with WALGA CEO Nick Sloan and President Tracey Roberts

Cr Mickel

23 Sep Attended the Tanker Chronicles Book Launch

25 Sep Attended the Waste Virtual Conference

29 Sep Attended the Police Remembrance Day service and laid a wreath on behalf of Shire.

2 Oct Attended Information Session on Aboriginal Cultural Heritage Bill 2020.

2 Oct Met with Hon Paul Papalia MLA Minister for Tourism and briefed him on recent visitors to the area and preparation for increased numbers expected during summer holiday period.

7 Oct Met with Maritime Constructions and went out onto the New Esperance Jetty to celebrate the halfway mark of the construction.

11 Oct Attended the official opening of Quarry Road Bushfire Brigade shed by Hon. Fran Logan MLA Minister for Emergency Services.

12 Oct Chaired a meeting of Councillors and members of Ocean Safety & Support group to discuss with Hon. Peter Tinley AM MLA Minister for Fisheries to brief him on the fatal shark attack at Kelp Beds on Friday 9th October. We requested that the Minister request that the Premier meet with a delegation of Esperance ocean users to talk about mitigation of shark attacks.

14 Oct Attended a function at the Shire Depot to present a cheque to Rob & Jaymee Schmitt to assist them purchase a mobility vehicle for their disabled daughter Lylah.

15 Oct Met with Hon. Bill Johnson MLA Minister for Energy at Parliament House. He briefed us on his options to ensure that reticulated gas continues to customers in Esperance town.

15 Oct Attended RCAWA meeting to discuss funding proposals to lobbied to political parties for the next State and Federal elections.

16 Oct Attended second day of RCAWA meetings. Presentations were given by persons involved with trade in 3 Asian Countries. Most were positive on future demand for trade with WA.

19 Oct Met with Regional and local Managers of South Regional TAFE. They indicated that new the facilities would not operation till mid-2021. Currently they were planning to run short courses to train people including school leavers, in customer service courses prior to the tourist season.

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

12.1.1 Change in Operating Hours at Esperance Museum

Moved: Cr Obourne

Seconded: Cr McMullen

O1020-306

Officer’s Recommendation

That Council note the reduction in operating hours of the Esperance Museum to four days per week, being Thursday to Sunday, 1.30pm – 4.30pm.

Council Resolution

That Council

1. Request the CEO to have the Esperance Museum open 7 days per week from 1.30pm - 4.30pm, from Monday, 21 December 2020 until Monday, 1 February 2021 (excluding Christmas Eve and Christmas Day), with paid staff to be made available when volunteers are unable to maintain operational requirements, and

2. Amend the 2020/21 Budget as follows

Description		Budget Figure	Amended Figure	Variation
Museum Wages – New Account	New Account	$0	$2,500	$2,500
Fees and Charges - Admissions	3870-105-040	($45,000)	($47,500)	($2,500)
Increase in Deficit/Surplus				$nil

CARRIED

F8 - A0

Reason: Council wanted to ensure the Museum could be open 7 days a week over the Christmas period.

Cr Payne & Cr Graham declared their financial interests and left the Chamber at 4.30pm.

12.1.2 Amendment of Local Planning Policy - Holiday Houses

Moved: Cr O'Donnell

Seconded: Cr Parker

O1020-307

Officer’s Recommendation

That Council in accordance with Clause 4.(1) of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) amend the Holiday House – Development Requirements Local Planning Policy as contained in Attachment A.

Council Resolution

1. Delete from Section 3.5 ‘and where relevant 3.4’

2. Delete Section 3.4 and renumber the policy accordingly.

CARRIED

F6 - A0

Reason: Legal Advice was received that advised that the Disability (Access to Premises – Buildings) Standards 2010 do not apply to a ‘Holiday House’ irrespective of the number of bedrooms and as such the Policy needs to be modified.

Cr Payne & Cr Graham returned to the Chamber at 4.34pm.

12.1.3 Placement of Fill – Local Planning Policy

Moved: Cr Parker

Seconded: Cr Chambers

O1020-308

Council Resolution

That Council in accordance with Clause 4 of the Deemed Provisions (set out in the Planning and Development (Local Planning Schemes) Regulations 2015 Schedule 2) prepare the Placement of Fill – Local Planning Policy as contained in Attachment A.

CARRIED

F8 - A0

Mr Sudmeyer left the Chamber at 4.37pm and did not return.

12.1.4 Development Application - Oversized Outbuilding (Shed) - Lot 723 (23) Twilight Beach Road, West Beach

Moved: Cr Chambers

Seconded: Cr Graham

O1020-309

Council Resolution

That Council approve 10.2020.4419.1 for an Oversized Outbuilding (Shed) at Lot 723 (23) Twilight Beach 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 plans unless otherwise required or agreed in writing by the Shire of Esperance (Planning Services).

2. The approved outbuilding(s) shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation, commercial or industrial uses.

3. 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).

4. 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.

5. 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).

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

7. 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.

And the following advice notes:

1. THIS IS NOT A BUILDING PERMIT. An application for a building permit or building approval certificate 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 Regulations and the Local Government Act.

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 applicant is to liaise with Shire of Esperance (Planning Services) in regards to any deviation to the approved plans to establish if an amendment to the development approval is required.

CARRIED

F8 - A0

12.1.5 Development Application - Two (2) Group Dwellings - Lot 1 (46) Dempster Street, Esperance

Moved: Cr McMullen

Seconded: Cr Obourne

O1020-310

Council Resolution

That Council resolve to approve Development Application 10.2020.4428.1 for two (2) group dwellings at Lot 1 (46) 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. 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.

6. One (1) car parking bay is to be provided on-site for the exclusive use of each dwelling in accordance with the requirements of Australian Standard AS2890.1:2004 Parking Facilities – Off-street Car Parking.

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

8. 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).

9. 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.

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

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

12. 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.

13. 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).

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

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

16. 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.

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.

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

F7 – A1

(Against Cr Payne)

12.1.6 Development Application - Alterations and/or Additions to Dwelling and Fencing - Lot 133 (134) Johns Street, West Beach

Moved: Cr O'Donnell

Seconded: Cr Parker

O1020-311

Council Resolution

That Council resolve to approve Development Application 10.2020.4421.1 for Alterations and/or Additions to Dwelling and Fencing at Lot 133 (134) Johns Street, West Beach subject to the following conditions:

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

3. 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).

5. 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.

6. 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).

7. All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing unless otherwise approved.

8. 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.

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.

7. The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

- Septic tank to be located a minimum of 1.2 metres from all buildings, footings and boundaries. Leach drains to be 1.8 metres from all buildings, any septic tanks, any other leach drains or soak wells and boundaries.

- The footings for the decking fall within the 1800 setback. Should the system incur damage or fail in the future it is to be repaired or upgraded at the applicant’s cost

8. Health Local Law:

Escape of Smoke etc.

5.1.3(1) An owner or occupier shall not cause or permit the escape of smoke, dust, sand, fumes, offensive or foul odours, liquid waste or liquid refuse from the premises in such quantity or of such nature as to cause or to be a nuisance.

CARRIED

F8 - A0

Mr Smoker & Mrs Oversby left the Chamber at 4.48pm and did not return.

Cr Payne declared her financial interest and left the Chamber at 4.48pm.

12.1.7 Development Application - Hangar - S/L 18 (65) Merivale Road, Myrup

Moved: Cr McMullen

Seconded: Cr Chambers

O1020-312

Council Resolution

That Council approve Development Application 10.2020.4472.1 for a Hangar at Strata Lot 18 (65) Merivale Road, Myrup subject to the following conditions:

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

3. The approved Hangar shall not be used for human habitation, commercial or industrial uses.

4. 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).

5. 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.

6. 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.

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

8. 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).

9. 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.

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.

CARRIED

F7 - A0

Cr Payne returned to the Chamber at 4.50pm.

12.1.8 Development Application - Single Dwelling, Retaining Walls and associated Earthworks - Lot 22 (135) Twilight Beach Road, West Beach

Moved: Cr O'Donnell

Seconded: Cr Obourne

O1020-313

Officer’s Recommendation

That Council

1. Refuse Development Application 10.2020.4462.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 22 (135) Twilight Beach Road, West Beach on the following grounds:

a). The proposed development is not inconsistent with Clause 26 (4) of Part 4 of Local Planning Scheme No. 24.

2. Investigate options to allow a reduced setback to the west of Willowtree Avenue on Twilight Beach Road.

Council Resolution

That Council

1. Request the Chief Executive Officer investigate amending the Scheme to allow the variation of the 7.5m setback on Twilight Beach Road

2. Approve Development Application 10.2020.4462.1 for a Single Dwelling, Retaining Walls and associated Earthworks at Lot 22 (135) Twilight Beach Road, West Beach subject to the following conditions:

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).
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).

During construction stage, adjoining lots are not to be disturbed without the prior written consent of the affected owner(s).
Earthworks are to be in accordance with Australian Standard 3798 Guidelines on Earthworks for Commercial and Residential Developments.
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).
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.
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.
Vehicle parking, manoeuvring and circulation areas shall be suitably constructed, sealed (asphalt, concrete or brickpavers), drained and thereafter maintained.
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). Actions are to be undertaken to ensure that stormwater running from Lot 4 (21) Willowtree Avenue is not discharged onto Lot 22 (135) Twilight Beach Road, West Beach.
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.
The approved development must be connected to a reticulated water supply provided by a licensed water provider.
Before the approved development is occupied, the property must be connected to the Water Corporation reticulated sewerage system.
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.
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).
All fencing shall be in accordance with the Shire of Esperance Local Law Relating to Fencing.
The proposed operations, during and after construction, are required to comply with the Environmental Protection (Noise) Regulations 1997.

AND the following advice notes:

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

7. The approved development is to comply with the requirements of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, including the following criteria:

- Disposal of septic effluent may require an amended soil disposal system or an approved alternative treatment unit for the treatment of sewage as approved by the Department of Health.

- A person shall not cause or permit any structures to be erected above any septic tank, aerobic treatment unit, greywater system or drainage line if that structure - obstructs free access to the apparatus; or has walls on more than 3 sides.

- A person shall not, without the permission of the relevant local government, cause or permit a receptacle for drainage -

i. to have any structure erected above it; or

ii. to be subject to vehicular traffic or be located less than 1.2m from an area that is subject to vehicular traffic; or

iii. to be paved or covered with a surface treatment.

Any Applications for the on-site treatment of effluent must be submitted to Shire of Esperance (Environmental Health Services) demonstrating that a system of suitable capacity can be accommodated within the site and that adequate land area will be set aside for the system, and shall include the following information:

Two (2) copies of a modified site plan drawn to a 1:100 scale are requested within 21 days from the date of this correspondence detailing the following information:

Proposed location of the onsite waste water treatment and disposal system; and
Setbacks of the system to buildings, boundaries, trafficable areas, bores and water courses.

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

Health (Miscellaneous Provisions) Act 1911
Sewerage (Lighting, Ventilation & Construction) Regulations 1971

· Health Act (Laundries and Bathrooms) Regulations 1971

CARRIED

F8 - A0

Reason: Council wanted to approve the development as it had given due regard to consideration of the development in accordance with Clause 67.(a) of the Deemed Provisions as the wide road reserve in front of the development means the proposed setback of 3.997m will result in a setback that visually appears to meet the required setback and there were no objections received when the application was referred to adjoining land owners.

Mr & Mrs Beasley left the Chamber at 4.56pm and did not return.

12.1.9 Development Application - Single Dwelling and Oversized Outbuilding (Shed) - Lot 237 (17) Bell Way, Bandy Creek

Moved: Cr McMullen

Seconded: Cr Obourne

O1020-314

Council Resolution

That Council approve Development Application 10.2020.4471.1 for a Single Dwelling and oversized Outbuilding (Shed) at Lot 237 (17) Bell Way, Bandy Creek subject to the following conditions:

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.

6. 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.

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

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

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

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

15. 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.

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.

CARRIED

F8 - A0

12.2 Asset Management

Nil

Mr Hindley & Mr Stuart left the Chamber at 4.59pm and did not return.

12.3 Corporate Resources

12.3.1 Financial Services Report - September 2020

Moved: Cr Chambers

Seconded: Cr Parker

O1020-315

Council Resolution

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

CARRIED

F8 - A0

Cr McMullen declared a financial interest and left the Chamber at 5.00pm.

12.3.2 New Fee for Bay of Isles Leisure Centre

Moved: Cr Parker

Seconded: Cr Chambers

O1020-316

Council Resolution

That Council adopt a parental/supervision spectator fee for underage adolescent gym users at the Bay of Isles Leisure Centre of $1 to be included in the 2020/21 Schedule of Fees and Charges.

CARRIED

F7 - A0

Cr McMullen returned to the Chamber at 5.02pm

Cr Payne declared her financial interest and left the Chamber at 5.02pm.

12.3.3 Policy Review - EXE 019, EXT 015, EXT 030, ASS 025 and new policies Electoral Caretaker Period and Attendance at Events.

Moved: Cr Parker

Seconded: Cr Chambers

O1020-317

Officer’s Recommendation

That Council

1. Endorse the following Policies inclusive of additions, deletions and amendments;

· EXE 019: Risk Management;

· ASS 025: Internal Drone (Remotely Piloted Aircraft System) Use

· New: Electoral Caretaker Period; and

· New: Attendance at Events.

2. Authorises the Chief Executive Officer to undertake a 30 day advertising and consultation period for the following proposed policies;

· EXT 015: Outdoor Personal Training in Public Places; and

· EXT 030: Trading in Public Places.

Council Resolution

That Council

1. Endorse the following Policies inclusive of additions, deletions and amendments;

· EXE 019: Risk Management;

· ASS 025: Internal Drone (Remotely Piloted Aircraft System) Use

· New: Electoral Caretaker Period; and

2. Authorises the Chief Executive Officer to undertake a 30 day advertising and consultation period for the following proposed policies;

· EXT 015: Outdoor Personal Training in Public Places; and

· EXT 030: Trading in Public Places.

CARRIED

F7 - A0

Reason: Council wanted to consider the proposed new policy Attendance at Events at the November Ordinary Council Meeting.

Cr Payne returned to the Chamber at 5.12pm.

12.3.4 Multi Sports Pavilion- Lease Reassignment

Moved: Cr McMullen

Seconded: Cr Graham

O1020-318

Council Resolution

That Council agrees to

1. Reassign the lease under the existing terms and conditions for the Esperance Multi Sports Pavilion, Portion of Lot 500 on Plan 411499, Black Street, Esperance, from the Esperance Multi Sports Pavilion Management Committee to the Esperance Hockey Association; and

2. A lease variation fee of $215 Inc GST being payable.

CARRIED

F8 - A0

12.3.5 Appointment of Representative - Council Committee

Moved: Cr Payne

Seconded: Cr Graham

O1020-319

Council Resolution

That Council agrees to;

1. Appoint deputy organisational representatives as members of council committees as per the following table;

Committee	Organisation	Representative
Reconciliation Action Plan Working Group	Ngadju Native Title Aboriginal Corporation	Valma Schultz

CARRIED

F8 - A0

12.3.6 Review of Wards and Representation

Moved: Cr Payne

Seconded: Cr McMullen

That Council resolve to;

1. Move to a no ward system for the Shire of Esperance and retain the current level of representation; and

2. Request that the CEO prepare a report to be presented to the Local Government Advisory Board proposing that an order be made under section 2.2(1) of the Local Government Act 1995 to abolish all wards for the Shire of Esperance district.

LOST

F1 – A7

(Against Cr Chambers, Cr Obourne, Cr O’Donnell,

Cr Mickel, Cr Parker, Cr Graham & Cr McMullen)

Moved: Cr Parker

Seconded: Cr McMullen

Council Resolution

O1020-320

That Council resolve to;

1. Adjust the electoral ward boundary to increase the size of the Town Ward and reduce the size of the Rural Ward;

2. Adjust the number of councillors representing the Rural Ward to be two (2) and the number of councillors representing the Town Ward to be seven (7); and

3. Request that the CEO prepare a report to be presented to the Local Government Advisory Board proposing that orders be made under the following sections of the Local Government Act 1995;

s. 2.2(1) to change the boundary of wards within the Shire of Esperance district; and

s. 2.18(3) to change the number of offices of councillor for wards within the Shire of Esperance district.

CARRIED

F8 - A0

Reason: Council wanted to retain the two ward system.

Mr Walker left the Chamber at 5.41pm.

12.4 Executive Services

12.4.1 Agenda Briefing and Ordinary Council Meeting Dates - 2021

Moved: Cr Chambers

Seconded: Cr Obourne

O1020-321

Council Resolution

That Council:

1. Agree to continue holding an Agenda Briefing at 1pm on the third Tuesday of every month commencing January 2021,

2. Agree to the attached schedule of Ordinary Council Meeting dates from January 2021 until December 2021, noting the following inclusions:

a. The January Ordinary Council Meeting, which will be moved back a day to accommodate the Australia Day Public Holiday,

b. The October meetings, which will be moved forward one week to accommodate for the Local Government Elections; and

c. The December meetings, which will be moved forward one week to accommodate the Festive Season.

3. Agree to hold the September Ordinary Council Meeting to be held at Condingup, and

4. Request the Chief Executive Officer to undertake all statutory advertising in this regard.

CARRIED

F8 - A0

Mr Walker returned to the Chamber at 5.43pm.

12.4.2 Common Seal Usage July 2020 to September 2020

Moved: Cr McMullen

Seconded: Cr Parker

O1020-322

Council Resolution

That Council receive the report titled The Shire of Esperance Common Seal Usage for the period of July 2020 to September 2020.

CARRIED

F8 - A0

12.4.3 Information Bulletin - September 2020

Moved: Cr Payne

Seconded: Cr O'Donnell

O1020-323

Council Resolution

That Council accepts:

1. Information Bulletin - September 2020

2. Corporate Performance Report - September 2020

3. Letter of Appreciation - Victorian Councils

4. Letter - Coronial Investigation - Department of Fire & Emergency

5. Letter - Radio Repeaters - Department of Fire & Emergency

6. Letter of Appreciation - Esperance Senior High School Work Place Student

7. Letter of Appreciation - Tor Youth Shed Incorporation - Conrad Lowe

8. WALGA Quarterly Overview Report - Shire of Esperance

9. Outstanding Council Resolutions - Quarterly Report - July to September 2020

CARRIED

F8 - A0

13. Reports Of Committees

13.1 Minutes of Committees

Moved: Cr Payne

Seconded: Cr McMullen

O1020-324

Council Resolution

That Council accept the following unconfirmed minutes:

1. Esperance Roadwise Committee - 7 September 2020

2. Audit Committee - 9 September 2020

3. Community Support Sub Committee - 10 September 2020

4. Bush Fire Advisory Committee - 16 September 2020

5. CEO Recruitment Committee - 17 September 2020

6. Local Recovery Committee - 21 September 2020

7. CEO Recruitment Committee - 21 September 2020

8. Streetscape Advisory Committee – 14 October 2020

CARRIED

F8 - A0

13.2 Bush Fire Advisory Committee - Recommendations

Moved: Cr Parker

Seconded: Cr Payne

O1020-325

Council Resolution

That Council:

1. Request the CEO writes to the Minister for Emergency Services; Corrective Services and the Minister for Environment; Disability Services; Electoral Affairs to seek an update on actions undertaken and planned with regard to the outstanding 2015 Coronial Inquest Recommendations.

2. Requests the CEO writes to the Department of Biodiversity, Conservation and Attractions to provide an update on the endorsement of additional (private) airstrips within the Shire of Esperance as highlighted in the Coroner’s Report – Recommendation 9. Request the Department provide required standards for the endorsement of private airstrips.

3. Request the CEO reviews Policy EXT:024 Bushfire Management and amend the Policy to reflect:

· A Harvesting, Machinery and Vehicle Movement Ban will be put in place when the Fire Danger Index (FDI) reaches 32 on the Grass Land Fire Danger Meter – McArthur Mark 4, wind speed to be calculated @ 2m.

· On days of Very High fire danger or above is forecast by the Bureau of Meteorology, a radio schedule will be conducted as required, through the use of WhatsAPP and SMS Text Message. Senior Control officers will be advised when a radio schedule is required.

CARRIED

F8 - A0

Suspension of Standing Orders

Moved: Cr Payne

Seconded: Cr Parker

O1020-326

That Section 3.3 of the Standing Orders be suspended to allow for discussion of item 13.3.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved: Cr McMullen

Seconded: Cr Parker

O1020-327

That Standing Orders be resumed.

CARRIED

F8 - A0

13.3 Wrought Iron Seat - Post Office Square

Moved: Cr Obourne

Seconded: Cr McMullen

O1020-328

Committee’s Recommendation

That Council install the wrought iron seat unmodified around the Paperbark tree closest to Dempster Street in Post Office Square including landscaping internally.

Council Resolution

That Council:

Install the wrought iron seat unmodified around the Paperbark tree closest to Dempster Street in Post Office Square including landscaping internally.
Request the CEO to find solutions as soon as possible to reinstall the Wrought Iron Seat around the Norfolk Pine giving due consideration to the protection of the Heritage listed Norfolk Pine Tree.

CARRIED

F8 - A0

Reason: Council wanted the Wrought Iron Seat to be returned around the Norfolk Pine as a long term solution.

14. Motions of which Notice has been Given

Nil

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

Nil

16. Urgent Business Approved by Decision

Motion

Moved: Cr McMullen

Seconded: Cr Parker

O1020-329

That Council accept the following late item:

16.1 Application for a Temporary/Short Term Adjustment to Retail Trading Hours

CARRIED

F8 – A0

Cr Chambers & Cr McMullen declared their financial interests and left the Chamber at 6.17pm.

16.1 Application for a Temporary/Short Term Adjustment to Retail Trading Hours

Moved: Cr Payne

Seconded: Cr O'Donnell

O1020-330

Council Resolution

That Council

1. Endorse the requested changes to retail trading hours in the Shire of Esperance with the addition of the following days and times:

Sunday 27 December 2020 – 10am to 4pm

Monday 28 December 2020 – 10am to 4pm

Sunday 3 January 2021 – 10am to 4pm

2. Direct the CEO to make application to the Department of Commerce for the proposed changes to apply to the entirety of the Esperance Shire.

CARRIED

F6 - A0

Cr Chambers & Cr McMullen returned to the Chamber at 6.19pm.

Motion

Moved: Cr Graham

Seconded: Cr Obourne

O1020-331

That Council accept the following late item:

16.2 Budget Variation - Coastal Safety Workgroup

CARRIED

F8 - A0

16.2 Budget Variation - Coastal Safety Workgroup

Moved: Cr Graham

Seconded: Cr Parker

O1020-332

Council Resolution

That Council approve a budget amendment as follows, for the purpose of a Coastal Safety Campaign for the 2020/21 summer period

Description		Budget Figure	Amended Figure	Variation
Grants and Subsidies	01-04090-115-175	($700,000)	($710,000)	($10,000)
ELEMC – Sundries	01-04090-480-500	$500	$10,500	$10,000
Net result				NIL

CARRIED

F8 - A0

17. Matters behind Closed Doors

Moving behind closed doors

Moved: Cr McMullen

Seconded: Cr Parker

O1020-333

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 0297-20 Supply, Delivery and Licensing of One New 2020 Grader with 3D GPS

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)).

17.2 Container Deposit Scheme - MRF Agreement

17.3 0329-20 Esperance Airport Cropping Licence

17.4 Mt Ridley Association

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

17.5 Unfit for Human Habitation - Budget Amendment

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)).

CARRIED

F8 - A0

17.1 0297-20 Supply, Delivery and Licensing of One New 2020 Grader with 3D GPS

Moved: Cr Obourne

Seconded: Cr McMullen

O1020-334

Council Resolution

That Council accept quotation 0297-20 from AFGRI Equipment for the supply, delivery and licensing of one new 2020 John Deere 620GP, Grader fitted with 3D Grader Control System as specified and as per the lump sum price.

CARRIED

F8 - A0

17.2 Container Deposit Scheme - MRF Agreement

Moved: Cr Chambers

Seconded: Cr O'Donnell

O1020-335

Council Resolution

That Council authorise the Shire President and CEO to utilise the Common Seal and sign the Material Recovery Agreement with Western Australian Return Recycle Renew Ltd.

CARRIED

F8 - A0

17.3 0329-20 Esperance Airport Cropping Licence

Moved: Cr McMullen

Seconded: Cr Parker

O1020-336

Council Resolution

That Council agrees to;

1. Award the Request for Tender 0329-20 Esperance Airport Cropping License to Stevens Agri Enterprises for the period of five (5) years with an option to extend for a further term of five (5) years.

CARRIED

F8 - A0

Suspension of Standing Orders

Moved: Cr Payne

Seconded: Cr Chambers

O1020-337

That Section 3.3 of the Standing Orders be suspended to allow for discussion of item 17.4.

CARRIED

F8 - A0

Resumption of Standing Orders

Moved: Cr McMullen

Seconded: Cr Parker

O1020-338

That Standing Orders be resumed.

CARRIED

F8 - A0

17.4 Mt Ridley Association

Moved: Cr Obourne

Seconded: Cr McMullen

O1020-339

Council Resolution

That Council request the CEO to:

1. Arrange application to the Supreme Court of Western Australia to have the Mt Ridley Association (Inc.) wound up, and;

2. Request the Minister for Lands to consider vesting Reserve 13486 to another organisation having similar objectives as the Mt Ridley Association (Inc.) in line with the Management Plan.

CARRIED

F8 - A0

Cr McMullen declared his financial interest and left the Chamber at 6.44pm.

17.5 Unfit for Human Habitation - Budget Amendment

Moved: Cr Graham

Seconded: Cr O'Donnell

O1020-340

Council Resolution

That Council approve a budget variation as per the below to allow building works on Assessment 26674 to ensure that the residence cannot be inhabited;

Description		Budget Figure	Amended Figure	Variation
Building Works – Unfit for Human Habitation	New Work Order	$0	$6,500	$6,500
Increase in Contributions				($6,500)
Increase in Deficit				Nil

CARRIED

F7 - A0

Cr McMullen returned to the Chamber at 6.48pm.

Coming from behind closed doors

Moved: Cr Chambers

Seconded: Cr O'Donnell

O1020-341

That the meeting come from behind closed doors.

CARRIED

F8 - A0

18. PUBLIC QUESTION TIME

Nil

19. CLOSURE

The President declared the meeting closed at 6.49pm.

These Minutes were confirmed at a meeting held on _____________________

Signed ________________________________________

Presiding Member at the meeting at which the Minutes were confirmed.

Dated_____________________