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MINUTES ANNUAL GENERAL MEETING OF ELECTORS Held on Tuesday, 8 February 2011 6.00pm City of Albany Council Chambers

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MINUTES

ANNUAL GENERAL MEETING OF ELECTORS Held on Tuesday, 8 February 2011

6.00pm City of Albany Council Chambers

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

** REFER DISCLAIMER **

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DISCLAIMER

No responsibility whatsoever is implied or accepted by the City of Albany for any act, omission or statement or intimation occurring during Council/Committee meetings or during formal/informal conversations with Staff. The City of Albany 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/Committee meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement 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 of limitation or approval made by a member or officer of the City of Albany during the course of any meeting is not intended to be and is not taken as notice of approval from the City of Albany. The City of Albany warns that anyone who has an application lodged with the City of Albany 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 City of Albany in respect of the application.

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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ELECTORS MEETING PROCEDURE

In accordance with the Local Government Act 1995, being:

5.31. Procedure for electors meetings

The procedure to be followed at, and in respect of, electors meetings and the methods of voting at electors meetings are to be in accordance with the regulations.

5.32. Minutes of electors meetings

The CEO is to: (a) cause minutes of the proceedings at an electors meeting to be kept and preserved; and (b) ensure that copies of the minutes are made available for inspection by members of the

public before the council meeting at which decisions made at the electors meeting are first considered.

5.33. Decisions made at electors meetings

(1) All decisions made at an electors meeting are to be considered at the next ordinary council meeting or, if that is not practicable-

(a) at the first ordinary council meeting after that meeting; or (b) at a special meeting called for that purpose,

whichever happens first.

(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors meeting, the reasons for the decision are to be recorded in the minutes of the council meeting.

The procedures for the conduct of an electors meeting are prescribed in the Local Government Act (Administration) Regulations 1996, being:

reg 15. Matters for discussion at general electors meetings-s. 5.27(3). For the purposes of the section 5.27(3), the matters to be discussed at a general electors meeting are, firstly, the contents of the annual report for the previous financial year and then any other general business.

reg 17. Voting at electors meetings-s 5.31 (1) Each elector who is present at a general or special meeting of electors is entitled

to one vote on each matter to be decided at the meeting but does not have to vote.

(2) All decisions at a general or special meeting of electors are to be made by a simple majority of votes.

(3) Voting at a general or special meeting of electors is to be conducted so that no voter’s vote is secret.

reg 18. Procedures at electors meetings-s 5.31 Subject to regulations 15 and 17, the procedure to be followed at a general or special meeting of electors is to be determined by the person presiding at the meeting.

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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TABLE OF CONTENTS

Details Pg# Rec

Pg# I. DECLARATIONS OF OPENING 3 II. OPENING PRAYER 3 III. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE

PREVIOUSLY APPROVED 3

IV. CONFIRMATION OF MINUTES OF PREVIOUS MEETING 4.1 Annual General Meeting of Electors held 17 December 2009

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V. RECEIPT OF ANNUAL REPORT FOR THE 2009/10 FINANCIAL YEAR 4 VI. GENERAL BUSINESS 6.1 Public Question and Statement Time

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VII. CLOSURE 6 Annexure A: Tabled Address by Mrs Wendy Wood 7

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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I. DECLARATION OF OPENING AND ANNOUNCEMENT OF VISITORS

The Mayor declared the meeting open at 6.03 PM as the Presiding Member of the AGM.

II. OPENING PRAYER

The Mayor read the opening prayer.

“Heavenly Father, we thank you for the peace and beauty of this area. Direct and prosper the deliberations of this Council for the advancement of the City and the welfare of its people. Amen.”

III. RECORD OF ATTENDANCE, APOLOGIES AND LEAVE OF ABSENCE PREVIOUSLY APPROVED

Mayor MJ Evans JP

Councillors: Frederickstown Ward D Wellington Frederickstown Ward Vacant Kalgan Ward M Leavesley Kalgan Ward C Holden Breaksea Ward R Hammond West Ward D Wolfe West Ward D Dufty Yakamia R Sutton

Staff: Chief Executive Officer F James Interim CEO J Bonker ED Corporate and Community Services WP Madigan ED Planning and Development Services G Bride ED Works and Services K Ketterer EM Business Governance S Jamieson

Minute Secretary J Williamson

Public Gallery and Media:

There were 9 members of the public and 2 members of the media in attendance. Apologies/Leave of Absence: Breaksea Ward J Bostock Vancouver Ward D Bostock Vancouver Ward R Paver Yakamia J Matla

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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IV. CONFIRMATION OF MINUTES OF PREVIOUS MEETING ITEM 4.1: MOTION MOVED: MR JOHN O’DEA SECONDED: MRS WENDY WOOD THAT the minutes of the Annual General Meeting of Electors held on 17 December 2009, as previously distributed, be confirmed as a true and accurate record of proceedings.

CARRIED BY A SHOW OF HANDS V. RECEIPT OF ANNUAL REPORT FOR THE 2009/2010 FINANCIAL YEAR EM Business Governance read the Statutory Compliance Statement made by the external auditors, Grant Thornton Audit Pty Ltd for the audit report. Statutory Compliance “We did not, during the course of our audit, become aware of any instances where the Council did not comply with the requirements of the Local Government Act 1995 and Local Government (Financial Management) Regulations 1996, as they relate to the financial statements.” ITEM 5.0: MOTION MOVED: MR DENNIS WELLINGTON SECONDED: MR JOHN O’DEA THAT the City of Albany Annual Report for the 2009/2010 Financial Year be received.

CARRIED BYA SHOW OF HANDS

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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The matters to be discussed at a general electors meeting are, firstly, the contents of the annual report for the previous financial year and then any other general business. VI. GENERAL BUSINESS 6.08PM Ms Vera Torr, Sussex Street, Albany Summary of key points:

• Thanked Mr Ketterer for arranging the removal of a dead duck in the duck puddle 6.09PM Mr John O’Dea, Bushby Road, Lower King Summary of key points:

• Lot of good and bad has happened within the City in the last 12 months • Have positions for EDCCS and EDPDS been advertised when due for renewal?

Mr Bonker responded that senior positions have always been advertised. Once an incumbent is in place, the incumbent can negotiate with Council and the CEO as to whether they wish to have an extension of their contract. These decisions are made in accordance with the Local Government Act.

• Cull Road-the public needs answers Mr Bonker responded that he had given a personal undertaking that the portion of land in question will not be resumed for the development of the Cull Road Subdivision.

• Artwork at entry of City Council building should be removed • Read excerpt from Weekender on past economic rationalisation at time of

amalgamation of town and shire 6.14 Mrs Wendy Wood, Cull Road-Tabled address detailed at Appendix A Summary of key points:

• Thought that the local government was there to serve the residents • Rates are paid for the benefit of all residents and should never be put at risk through

investment • Residents have the right to a fair hearing, right to enjoy free title to their own land • Why has this system failed?

Mrs Woods tabled address and a list of questions taken on notice.

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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6.23PM Mr Tony Harrison, Little Grove Summary of key points:

• Land fill for Cull Road came from Port Authority-has shells in it • Dredging spoil could be used as land fill instead of dumping in the harbour-possible

source of extra income for the Port Authority • Tourism development-some infrastructure not tourism friendly • Proposed that Princess Royal Harbour be included as iconic tourism destination • Environment is not valued in development

VII. CLOSURE OF MEETING There being no further business the Mayor declared the meeting closed at 6.30pm. Confirmed as a true and accurate record of proceedings. _________________________________ Milton John Evans, JP MAYOR

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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APPENDIX A Tabled Address by Mrs Wendy Wood

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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Tabled Address by Mrs Wendy Wood

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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Tabled Address by Mrs Wendy Wood

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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Tabled Address by Mrs Wendy Wood

ANNUAL GENERAL MEETING OF ELECTORS MINUTES – 8/02/2011

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Tabled Address by Mrs Wendy Wood