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
3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE
4.1 Declarations of Financial Interests – Local Government Act Section 5.60a
4.2 Declarations of Proximity Interests – Local Government Act Section 5.60b
4.3 Declarations of Impartiality Interests – Admin Regulations Section 34c
6.2 Esperance Tanker Jetty Future
7. Matters behind Closed Doors
7.1 0006-16 Demolition Esperance Tanker Jetty
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
4.1 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
Seconded: Cr Hall 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. 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 |
Seconded: Cr McIntyre
That Section Nine (9) of the Standing Orders be suspended to allow for discussion on item 6.2. F9 - A0 |
Resumption of Standing Orders |
Seconded: Cr McIntyre
That Standing Orders be resumed. 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.
Seconded: Cr Bowman
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. 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
Seconded: Cr Griffiths
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)). F9 - A0 |
Seconded: Cr Hall
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) 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.
Seconded: Cr Parsons
That the meeting come from behind closed doors. 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_____________________