Special Council: Minutes

8 November 2016                                                                                                                       Page 1

 

 

 

 

 

 

 

 

 

 

 

 

 

Shire of Esperance

 

Special Council

Tuesday 8 November 2016

MINUTES

 

 

 


 

 

 

 

 

DISCLAIMER

 

No responsibility whatsoever is implied or accepted by the Shire of Esperance for any act, omission or statement or intimation occurring during Council or Committee meetings. The Shire of Esperance disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council or Committee meetings. Any person or legal entity who acts or fails to act in reliance upon any statement, act or omission made in a Council or Committee meeting does so at that person’s or legal entity’s own risk.

 

In particular and without derogating in any way from the broad disclaimer above, in any discussion regarding any planning application or application for a licence, any statement or intimation of approval made by a member or officer of the Shire of Esperance during the course of any meeting is not intended to be and is not to be taken as notice of approval from the Shire of Esperance. The Shire of Esperance warns that anyone who has any application lodged with the Shire of Esperance must obtain and should only rely on written confirmation of the outcome of the application, and any conditions attaching to the decision made by the Shire of Esperance in respect of the application.

 

 

 

ETHICAL DECISION MAKING AND CONFLICTS OF INTEREST

 

Council is committed to a code of conduct and all decisions are based on an honest assessment of the issue, ethical decision-making and personal integrity. Councillors and staff adhere to the statutory requirements to declare financial, proximity and impartiality interests and once declared follow the legislation as required.

      

ATTACHMENTS

 

Please be advised that in order to save printing and paper costs, all attachments referenced in this paper are available in the original Agenda document for this meeting.

 

 


Table of Contents / Index

ITEM                                                                                                                                                                                                            

NO.      ITEM HEADING                                                                                                                                                                  PAGE

 

1.         OFFICIAL OPENING   4

2.         ATTENDANCE  4

3.         APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE  5

4.         DECLARATIONS OF INTERESTS: 5

4.1      Declarations of Financial Interests – Local Government Act Section 5.60a  5

4.2      Declarations of Proximity Interests – Local Government Act Section 5.60b  5

4.3      Declarations of Impartiality Interests – Admin Regulations Section 34c  5

5.         PUBLIC QUESTION TIME  5

6.         Purpose of Meeting   9

6.1      Tanker Jetty Petition

6.2      Esperance Tanker Jetty Future

7.         Matters behind Closed Doors  11

7.1      0006-16 Demolition Esperance Tanker Jetty

8.         CLOSURE  12

 

 


 

SHIRE OF ESPERANCE

 

MINUTES

 

OF THE Special Council Meeting
HELD IN Council Chambers ON
8 November 2016.

 

 

1.       OFFICIAL OPENING

The Shire President declared the meeting open at 2:00pm

 

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

 

2.       ATTENDANCE

Members

Cr V Brown                                       President                  Rural Ward

Cr N Bowman                                   Deputy President      Rural Ward

Cr J Parsons                                                                      Town Ward

Cr P Griffiths                                                                     Town Ward

Cr K Hall                                                                            Town Ward

Cr L McIntyre                                                                    Town Ward

Cr R Padgurskis                                                                Town Ward

Cr B Stewart, JP                                                                Town Ward

Cr B Parker                                                                        Rural Ward

Shire Officers

Mr W M (Matthew) Scott                   Chief Executive Officer

Mr S Burge                                       Director Corporate Resources

Mr M Walker                                     Director Asset Management

Mr T Sargent                                    Director External Services

Mr A Hughes                                    Manager Projects 

Miss S Fitzgerald                              Administration Officer

Mrs A Rolton                                    Personal Assistant – Asset Management

Ms P Davies                                     Manager Executive Services

Ms N Christensen                             Media and Communications Officer

Members of the Public & Press

(All members of the public attended for item 6.1 & 6.2 Esperance Tanker Jetty)


Mr K Nieukerke

Mr M Andre

Mrs D Andre

Mrs M Dansey

Mrs H D’Emden

Mrs A Parker

Mr D Law

Mrs B Law

Mr R Smoker

Mrs P Kerr

Ms B Simmonds

Mr R Cli

Mrs V Griffiths

Mrs K Everett

Ms N Hosking

Mr D Everett

Mr B Pearce

Mrs J O’Donnell

Mrs J Ruiz-Auila

Mr S Shaw (ABC Goldfields)

Mr L Western

Ms B Lavery

Ms K Western

Mrs L Western

Mrs J Dixon

Ms C Mason

Mrs S Staaden

Ms J Ripp

Mrs J Synnot

Mr D Plecas

Mr P Gorham

Ms K Gellard

Mrs D Fletcher

Mr J Holmes

Ms T Castledine

Mr S McMullen

Mr K Knight

Ms K O’Donnell

Ms R Walker

Mr D Dwyer

Mr S Flanagan

Mrs C Turley

Mr G Gath

Mr L Hanks

Ms R Heron

Ms E Kaehcer

Ms J Nicoleto

Ms T Ibrahim

Ms J Mulcock

Miss C Rintoul (The Esperance Express)

Mr D Eltringham

Mr C Findlay (The Esperance Express)

Mr R Drabik

Mrs S Payne

Mr D Piercey


                                                        

3.       APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Nil

 

4.       DECLARATIONS OF INTERESTS:

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

Nil

 

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

Nil

 

4.3     Declarations of Impartiality Interests – Admin Regulations Section 34c

Cr McIntyre declared an impartiality interest in item 7.1 as she is acquainted with one of the tenderers.

Cr Hall declared an impartiality interest in item 7.1 as he is acquainted with one of the tenderers.

Cr Brown declared an impartiality interest in item 6.2 as she has received small gifts for members of the Jetty Group within the past two weeks.

Cr Brown declared an impartiality interest in item 7.1 as she is acquainted with one of the tenderers.

 

5.       PUBLIC QUESTION TIME

1.      Mr D Dwyer

Mr Dwyer asked if Councillors would take into account the tender market could result in lower cost than the RBB quote published in the agenda.

Mr Walker, the Director of Asset Management, responded that RBB quoted the whole project cost, while Bonacci’s unnamed contractor only quoted part of the project.

2.      Mr K Nieukerke

Mr Nieukerke referred to item 6.1’s recommendation in brief as published on page 9 of the Agenda and asked whether actual numbers could be provided.

Mr Scott advised that this was addressed in the item, as well as the petitions validity. He explained that officer time has not been spent counting the valid signatures. The recommendation was for Council to acknowledge the community’s support for a jetty but not to receive the petition.


3.      M D Law

Mr Law asked if the Council held any consideration for the marine environment that demolition would disturb.

Cr Brown clarified that either way the Council decision went the marine environment would be disturbed, either through demolition and construction, or the alternative restoration option presented by Bonacci.

Mr Scott added that all options would have similar impacts and the Shire would be working with the relevant agency to minimise impact to the marine environment.

4.      Mr G Gath

Mr Gath enquired if the Councillors have had time to study some of the restoration examples in the report submitted by the Jetty Group Inc. Commenting that the structures are real examples, with costs listed that were saved.

Cr Brown assured Mr Gath that Councillors have had the opportunity to study and discuss the examples from South Australia and New South Wales. However the circumstances surrounding these structures vary from the Esperance Tanker Jetty, in particular they are under State Government care.

5.      Mr D Plecas

Mr Plecas referenced the Petition submitted to Council asking whether Council would lend more weight or the same weight to the survey conducted earlier in the year by the Shire, to which 1700 people responded, 400 of which were high school students.

Cr Brown responded that all forms of community consultation would be taken into account including the poorly attended public workshops in 2013, the Shire survey held earlier in 2016 and the petition submitted to Council.

6.      Mr B Pearce

Mr Pearce recalled when he was on Council in 2005 that the Foreshore redevelopment was presented to Council, however they choose not to move forward with this until they knew what would happen to the Tanker Jetty. However in 2011 Council resolved to move forward with the redevelopment. Who made this decision and why was the redevelopment moved forward with, when there was no plan for the Jetty’s future.

Cr McIntyre brought Mr Pearce’s attention to a Council decision from August 2011, when Mr Pearce was on Council, the resolution acknowledged the Jetty was past its useful life and committed Council to a replacement.

Cr Brown Read aloud the resolution from the All Purpose Committee Meeting held on 16 August 2011.

“That Council:

1.    Accepts that the existing Tanker Jetty is now beyond its useful life and supports its complete replacement as a priority.

2.    Requests the CEO prepare preliminary designs for a new jetty based on community consultation.

3.    Requests the CEO to prepare a business case (including capital costs, whole of life costs, operational costs and renewal costs) for the development of a new jetty structure based on the agreed jetty design.

4.    Requests the CEO commence lobbying the Western Australian and Australian Governments for funding to replace the Tanker Jetty.

5.    Requests the CEO seek expressions of interest from heritage consultants to prepare a Heritage Impact Statement for the proposed demolition of the Tanker Jetty and the replacement jetty.

6.    Refer the proposal to demolish the Tanker Jetty and plans for a new jetty, together with a Heritage Impact Statement, to the Office of Heritage.”


7.      Mr D Eltringham

Mr Eltringham referred to the independent assessment completed by RBB. Why did we also assess BMT. Mr Eltringham implied both reports were assessed to disguise GHD’s attack on the Bonacci Report, as GHD have a vested interest in the outcome.

Cr Brown acknowledged that this was Mr Eltringham’s opinion however GHD were paid $20,000 to do an apples for apples review of the BMT and Bonacci report. Their independence for any future work is not an issue as they will be judged through the tender process like any other company. Mr Terry Memory and GHD have equal opportunity to gain from both the replace and restore options.

8.      Mr D Plecas

Mr Plecas asked if it was true that GHD had been involved in delivering the concept drawings for a replacement.

Cr Brown responded yes.

Mr Scott added that GHD is a well-known Western Australian company. Considering the time constraints placed on the peer review, the Shire choose to use a company that they had an established working relationship with.

9.      Mr D Dwyer

Mr Dwyer asked Councillors to confirm that the Bonacci report, as submitted by the Jetty group, was made available to them on 21 October 2016.

Mr Scott confirmed that was correct.

Mr Sargent clarified that the original report submitted was only in draft form and a final document which did show changes was received on 31 October.

10.   Ms N Hosking

Ms Hosking enquired if a steering committee could be formed to consider all the options.

Cr Brown assured the attendance that either way, restoration or replacement the community would be consulted.

11.   Mr D Plecas

Mr Plecas asked if it was possible to form a working group at this stage.

Cr Brown answered this would be the next step in the process however decisions needed to be made today first.

Mr Scott added that this decision cannot be delayed for much longer. Other government agencies are waiting on the outcome.

Cr Bowman mentioned that she had received feedback from many ratepayers that it is time to move forward.

12.   Mr K Nieukerke

Mr Nieukerke referred to the BMT report that GHD reviewed, which was dated 2016. Why was this not the original report from 2015.

Mr Walker explained that GHD contacted BMT and Bonacci to get original copies of both reports before reviewing them. The BMT report was not changed.

13.   Mr L Hanks

Mr Hanks asked if Council was likely to reverse its decision to demolish the jetty, while it was behind closed doors.

Cr Brown explained that this decision would not be made behind closed doors. The decision to award a demolish tender would be however as this is a confidential item under the Local Government Act 1995.


14.   Mr D Plecas

Mr Plecas asked if Council would acknowledge that the Tanker Jetty is a historical asset in our town. That its closure has effected tourism and is one of the reasons for local economic downturn. That is should be retained.

Cr Brown admitted she had heard things like this throughout town and as a result she called the president of Tourism Esperance, Mr Wayne Halliday, who is also the owner of local accommodation. Mr Halliday believes his business has in fact expanded and lower accommodation numbers in the off season have not been caused by the Jetty’s closure. Cr Brown also contact Mr Ron Chambers the president of the Esperance Chamber of Commerce and Industry(ECCI).

Mr Chambers introduced himself as president of the ECCI and owner of two local businesses. He agreed there has been an economic downturn in Esperance, but it has been over the last three years and in his opinion the closure of the Jetty was not the cause. However he noted the closure of the Jetty would have had an impact on local businesses selling fishing tackle and bait.

15.   Mr G Gath

Mr Gath asked if Council would take into account the figures presented in the interstate examples provided by the Jetty Group, as guidance for now.

Cr Brown explained that today’s decision would be whether or not the Jetty Group had provided a prudent and feasible alternative to demolition in the Bonacci Report.

16.   Mrs H D’Emden

Mrs D’Emden asked what is the current heritage status of the Tanker Jetty.

Mr Scott explained that the Jetty was heritage listed in 2008 as a general listing.

Mrs D’Emden asked if it could be demolished.

Cr Brown responded yes.

17.   Mrs K Everette

Mrs Everette asked if Council fully understood the impact on the town without a Jetty. Mrs Everette submitted a report with an estimate to refurbish the Jetty and asked whether Council would consider it.

Mr Scott responded that while Council could receive it, it could not be considered at this meeting.

18.   Mrs C Turley

Mrs Turley commented that the Jetty Group has only been active since July 2016 and in that time they have collected 150 members and raised $20,000. What were Council’s thoughts.

Cr Brown responded that Council realises the commitment of the Jetty Group and the community and commends their dedication.

19.   Mrs H D’Emden

Mrs D’Emden referred to a news report she had heard about a town that lost its jetty and is still waiting for a replacement. How long will it take for a jetty to be usable?

Cr Brown explained that while the Bonacci report claimed the Jetty could be reopened by next year, any course of action was dependant on funding. Without a firm plan in place it is difficult to acquire funding and therefore to give any indication of a timeline.

   

 


6.       Purpose of Meeting

6.1     Tanker Jetty Petition

Moved:           Cr Parsons

Seconded:     Cr Hall

S1116-032

Officer’s Recommendation

That Council receive the document as presented by The Jetty Group Inc and acknowledge the expression of community and regional interest in the Esperance Tanker Jetty.

Council Resolution

That Council notes that the petition presented to Council does not meet the requirements outlined in the Shire of Esperance Standing Order 2015, but will receive the document as presented by The Jetty Group Inc and acknowledge the expression of community and regional interest in the Esperance Tanker Jetty.

CARRIED

F9 - A0

Reason:      Council wanted it acknowledged in their resolution that the petition did not meet the requirements of the Standing Orders Local Law.

 

Mr M Andre left the Chamber at 3:03pm and did not return.

 

Suspension of Standing Orders

Moved:           Cr Stewart

Seconded:     Cr McIntyre

 

S1116-033

 

That Section Nine (9) of the Standing Orders be suspended to allow for discussion on item 6.2.

CARRIED

F9 - A0

 

Resumption of Standing Orders

Moved:           Cr Bowman

Seconded:     Cr McIntyre

 

S1116-034

 

That Standing Orders be resumed.

CARRIED

F9 - A0

 

Mrs C Turley left the Chamber at 3:20pm and did not return.

Mr B Pearce left the Chamber at 3:22pm and returned at 3:24pm.

 

 

 

6.2     Esperance Tanker Jetty Future

Moved:           Cr Parker

Seconded:     Cr Bowman

 

S1116-035

Officer’s Recommendation

That Council

1.  Receive the Esperance Tanker Jetty Options Research Report by the Jetty Group Inc. including the Bonacci Infrastructure Tanker Jetty, Esperance Remediation Report;

2.  Receive the GHD Esperance Tanker Jetty Remediation Options Review, Independent Peer Review;

3.  Determine there is still no feasible and prudent alternative but to continue with the demolition and replacement of the Esperance Tanker Jetty; and

4.  Thank the Jetty Group Inc. for time and effort in obtaining another opinion for the restoration of the Esperance Tanker Jetty.

Council Resolution

That Council

1.  Receive the Esperance Tanker Jetty Options Research Report by the Jetty Group Inc. including the Bonacci Infrastructure Tanker Jetty, Esperance Remediation Report;

2.  Receive the GHD Esperance Tanker Jetty Remediation Options Review, Independent Peer Review;

3.  Determine that the report presented to Council by the Jetty Group Inc, including the Bonacci Report, does not represent a prudent and feasible alternative and continue with the demolition and replacement of the Esperance Tanker Jetty.

4.  Thank the Jetty Group Inc. for time and effort in obtaining another option for the restoration of the Esperance Tanker Jetty.

5. Instruct the CEO to form a working party, including community members, to plan for the replacement jetty and the incorporation of any useable fabric salvaged from the current Tanker Jetty to reflect the heritage of the structure. 

CARRIED

F6 – A3

(Against Cr Stewart, Cr Padgurskis & Cr Griffiths)

Reason:      Council added point five (5) to create a Working Group that would provide advice to Council on developing a replacement concept. This additional step will assist in ensuring a broader group is involved in the engagement process.

 

The remaining public left the Chambers at 3:31pm.  

Mrs A Rolton, Ms P Davies and Ms N Christensen left the Chamber at 3:31pm.

 


7.       Matters behind Closed Doors

Moving behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Griffiths

 

S1116-036

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.

7.1     0006-16 Demolition Esperance Tanker Jetty

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

 

7.1     0006-16 Demolition Esperance Tanker Jetty

Moved:           Cr McIntyre

Seconded:     Cr Hall

 

S1116-037

Council Resolution

That Council

1.   Award Tender 0006-16 Demolition Esperance Tanker Jetty to Crossview Enterprises at a total cost of $1,521,700 (exclusive of GST).

2.   Requests the CEO to write to the Department of Transport asking it, within 28 days, to advise the Shire whether it wishes

a.    To take over control of, and resume responsibility for, the Tanker Jetty; or

b.    To confirm that the Shire has the decision making authority in respect of the demolition of the Tanker Jetty;

3.   Unless the Department of Transport responds under 2(a) above, requests the CEO to enter into a contract on behalf of the Shire with the successful tenderer.

1)                     

CARRIED

F8 – A1

(Against Cr Stewart)

Reason:      Council wanted to give the State Government via the Department of Transport the opportunity to resume responsibility of the Tanker Jetty.

 

Coming from behind closed doors

Moved:           Cr Bowman

Seconded:     Cr Parsons

 

S1116-038

That the meeting come from behind closed doors.

CARRIED

F9 - A0

 

Ms C Rintoul, Mr S McMullen, Mr R Chambers, Mr G Gath, Mrs S Payne, Mr D Dwyer, Mr B Pearce, Ms J Synnot entered the Chamber at 4:03pm.

 

The Presiding Member read aloud the Resolution S1116-037.

 

  

8.       CLOSURE

The President declared the meeting closed at 4:08pm.

 

 

 

 

 

These Minutes were confirmed at a meeting held on _____________________

 

 

 

 

Signed ________________________________________

 

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

 

Dated_____________________