Shire of Denmark...2011/04/27 · Shire of Denmark ORDINARY (DECISION MAKING) MEETING OF COUNCIL...

Shire of Denmark

ORDINARY (DECISION MAKING) MEETING OF COUNCIL

HELD IN THE COUNCIL CHAMBERS,

953 SOUTH COAST HIGHWAY, DENMARK

ON TUESDAY, 27 APRIL 2011.

Contents Page

No.

DISCLAIMER 2

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 3

2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE 3

3. ANNOUNCEMENTS BY THE PERSON PRESIDING 4

4. PUBLIC QUESTION TIME 4

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4

4.2 PUBLIC QUESTIONS 4

4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 5

4.4 PRESENTATION, DEPUTATIONS & PETITIONS 5

4.4.1 DENMARK NURSERY & FLORIST – PARKING BAYS - PETITION 5

4.4.2 MR BOYD BROWN & MR STEVE NESTOR – TELSTRA COUNTRY WIDE 5

5. APPLICATIONS FOR LEAVE OF ABSENCE 6

6. CONFIRMATION OF MINUTES 6

6.1 ORDINARY COUNCIL MEETING – 19 APRIL 2011 6

7. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 6

7.1 COUNCILLOR NUMBERS 6

7.2 ROYAL WEDDING 14

8. REPORTS OF OFFICERS 16 8.1 Director of Planning & Sustainability 17

8.1.1 LIONS LOOKOUT VIEWING PLATFORM 17

8.1.2 REQUEST FOR COUNCILLOR NOMINATIONS TO THE GREAT SOUTHERN JOINT

DEVELOPMENT ASSESSMENT PANEL

19

8.1.3 SCHEME AMENDMENT REQUEST –PEACEFUL BAY STRUCTURE PLAN 24

8.1.4 INITIATION OF SCHEME AMENDMENT NO. 122 - LOTS BOUNDED BY MOUNT SHADFORTH

ROAD AND WARHAM ROAD, DENMARK.

30

8.2 Director of Community & Regulatory Services 42

8.2.1 UNBUDGETED EXPENDITURE FEAST NOT FIRE NIGHT 42

8.2.2 COMMUTER CARPARK/ VEHICLE SALE/GROWER‟S MARKET SPACE 44

8.2.3 PEACEFUL BAY WATER SUPPLY TANKS 48

8.3 Director of Infrastructure Services 50

8.3.1 PEACEFUL BAY FINGER JETTY INVESTIGATIVE STUDY 50

8.4 Director of Finance & Administration 52

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MARCH 2011 52

8.4.2 DENMARK PISTOL CLUB (INC) – LEASE OF RESERVE 36044 55

8.4.3 PROVISION OF SBS FM RADIO SERVICE – GRANT FUNDING 59

8.4.4 DENMARK TOURISM (INC) – SUB-LEASE OF RESERVE 48198 61

8.5 Chief Executive Officer 64

8.5.1 POLICY MANUAL REVIEW – POLICIES P130301 TO P140401 64

8.5.2 DENMARK COTTAGE CRAFTS 67

8.5.3 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT 73

8.5.4 OLD HOSPITAL ADAPTIVE REUSE STUDY 76

9. COMMITTEE REPORTS & RECOMMENDATIONS 86

9.1 DISABILITY SERVICES COMMITTEE AND PATHS & TRAILS ADVISORY COMMITTEE 86

10. MATTERS BEHIND CLOSED DOORS 88

11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 88

12. CLOSURE 88

Ordinary (Decision Making) Meeting of Council 27 April 2011

2

Ordinary Council Meeting

27 April 2011

DISCLAIMER

These minutes and resolutions are subject to confirmation by Council.

No responsibility whatsoever is implied or accepted by the Shire of Denmark for any act, omission

or statement or intimation occurring during Council/Committee meetings or during

formal/informal conversations with staff.

The Shire of Denmark 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 license, any statement or

limitation or approval made by a member or officer of the Shire of Denmark during the course of

any meeting is not intended to be and is not taken as notice of approval from the Shire of Denmark.

The Shire of Denmark warns that anyone who has an application lodged with the Shire of Denmark

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 Denmark in respect of the

application.


3

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

4.03pm – The Shire President, Cr Thornton, declared the meeting open.

2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE

MEMBERS PRESENT:

Cr Ross Thornton (Shire President)

Cr Ken Richardson-Newton (Deputy Shire President)

Cr Phil Barnes (from 4.04pm)

Cr Kim Barrow

Cr George Ebbett

Cr Adrian Hinds

Cr Robert Laing

Cr Dawn Pedro

Cr Richard Phair

Cr John Sampson

Cr Alex Syme

Cr John Wakka

STAFF:

Mr Dale Stewart (Chief Executive Officer)

Mr Garry Bird (Director of Finance & Administration)

Mrs Annette Harbron (Director of Planning & Sustainability)

Mr Gregg Harwood (Director of Community & Regulatory Services)

Ms Claire Thompson (Executive Assistant)

APOLOGIES:

Mr Rob Whooley (Director of Infrastructure Services) on Long Service Leave

ON LEAVE OF ABSENCE:

Nil

ABSENT:

Nil

VISITORS:

Members of the public in attendance at the commencement of the meeting: 8

Members of the press in attendance at the commencement of the meeting: 1

DECLARATIONS OF INTEREST:

4.04pm – Cr Barnes entered the meeting.

Name Item

No

Interest Nature

Cr Phair 8.1.3 Financial &

Proximity

Cr Phair owns land adjacent to the

Peaceful Bay Structure Plan.

Cr Thornton 8.4.2 Impartiality Cr Thornton lives within hearing

distance of the Denmark Pistol Club.

Cr Thornton 8.4.4 Impartiality Cr Thornton is Council‟s Delegate on the

Denmark Tourism Inc. Board.

Cr Richardson-

Newton

8.4.4 Impartiality Cr Richardson-Newton is a member of

Denmark Tourism Inc.

Cr Richardson-

Newton

8.5.4 Impartiality Cr Richardson-Newton is a member of

the Denmark Village Theatre & the

Denmark Over 50s Association.


4

Cr Barnes 8.5.4 Impartiality Cr Barnes is a member of the Denmark

Over 50s Association.

Cr Barrow 8.4.4 Impartiality Cr Barrow is a financial member and

Chair of Denmark Tourism Inc.

Cr Syme 8.5.4 Impartiality Cr Syme is a member of the Denmark

Environment Centre. Some of the

identified future tenants of the Old

Hospital are either existing or potential

future tenants of the Denmark

Environment Centre.

Cr Pedro 8.5.4 Impartiality Cr Pedro is a member of the Denmark

Environment Centre. Some of the future

tenants of the Old Hospital are current or

potential tenants of the Denmark

Environment Centre.

Cr Hinds 8.5.4 Impartiality Cr Hinds is a member of the Denmark

Over 50s Association.

Mr Stewart 8.5.1 Financial Mr Stewart is an employee whom the

policy may relate to.

3. ANNOUNCEMENTS BY THE PERSON PRESIDING

The Shire President advised that he, the Deputy Shire President and the Chief Executive Officer

had recently reviewed the Council‟s meeting procedure following a number of questions

relating to Standing Orders. Cr Thornton advised that they had determined, with advice from

the Department of Local Government, that the meetings had been running incorrectly in

relation to section 9.5, Limitations on Number of Speeches.

The Shire President stated that if there is a motion then anyone can speak to it and if there is

one or more amendments to that motion, each person can speak to each or all of the

amendments and the original motion, with the exception of the mover of the original motion

who, if they choose to speak on an amendment, forfeits the right to closing the debate.

4.10pm – The Director of Community & Regulatory Services left the meeting.

4. PUBLIC QUESTION TIME

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

Nil

4.2 PUBLIC QUESTIONS

In accordance with Section 5.24 of the Local Government Act 1995, Council

conducts a public question time to enable members of the public to address

Council or ask questions of Council. The procedure for public question time can be

found on the back of the front cover of this Agenda.

Questions from the public are invited and welcomed at this point of the Agenda.

In accordance with clause 3.2 (2) & (3) of the Shire of Denmark Standing Orders

Local Law, a second Public Question Time will be held, if required and the meeting

is not concluded prior, no later than 6.00pm.

Questions from the Public

4.2.1 Chris Reid – Item 4.4.2 (Telstra Presentation)

Mr Reid asked whether members of public would be permitted to ask the

Telstra representatives some questions following their presentation.


5

The Shire President advised that members of the public would be welcome to

speak with the Telstra representative, privately, following their presentation

however they were not permitted to ask questions during the meeting.

4.2.2 Ms Delma Baesjou – Item 8.1.4 (Initiation of Scheme Amendment No.

122 - Lots Bounded by Mount Shadforth Road and Warham Road,

Denmark)

Ms Baesjou spoke on behalf of the applicant and expressed concern about

part „f)‟ in the Officers Recommendation. Ms Baesjou stated that the next

step would involve a Water Corporation assessment which would deal with

matters relating to water supply and asked Council to support the Scheme

Amendment with the removal of part „f)‟.

4.16pm – The Director of Community & Regulatory Services returned to the meeting.


4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

4.4 PRESENTATIONS, DEPUTATIONS & PETITIONS

4.4.1 Denmark Nursery & Florist – Parking Bays - Petition

Mr Peter Dean from the Denmark Nursery & Florist wrote to Council and

provided a Petition with respect to parking bays.

Officer Comment

The preamble to the Petition states “Lack of Parking Bays”. With no mention

of where the lack of parking bays are, it is the Officers view that the validity

of the survey, in relation to the stated concerns in the covering letter could

be questioned. It may be that the petitioners believed that they were signing

a petition about the need for more parking bays in the CBD, which is a

generally accepted concern, particularly during peak periods. This

notwithstanding the Petition is attached and contains 117 signatures.

In Mr Dean‟s letter (also attached) states that the two parallel car bays which

were located directly adjacent to the Nursery were repainted recently to

convert them into motorcycle bays. Mr Dean indicates that the change is

taking trade away from the Denmark Nursery and requests Council to return

the bays to the two parallel parking configuration as soon as possible.

OFFICER RECOMMENDATION ITEM 4.4.1

That with respect to the parking configuration located at 89 Strickland Street,

Denmark (adjacent to the Denmark Nursery & Florist), the letter and Petition

received from the Denmark Nursery & Florist, and their request therein, be

referred to the Council‟s CBD Streetscape Working Group, with that Group having

delegated authority for consideration, determination and response.

At the meeting held on the 19 April 2011 Council deferred the following

motion to this week‟s meeting;



6

COUNCIL RESOLUTION ITEM 4.4.1

MOVED: CR EBBETT SECONDED: SYME

That with respect to the parking configuration located at 89 Strickland Street,

Denmark (adjacent to the Denmark Nursery & Florist), the letter and Petition,

received from the Denmark Nursery & Florist, and their request therein, Council

reiterate its current position.

CARRIED: 12/0 Res: 050411

4.4.2 Mr Boyd Brown & Mr Steve Nestor – Telstra Country Wide

Mr Brown (Area General Manager, WA South) and Mr Steve Nestor (Technical

Specialist) made a presentation to Council on local internet connections and boosters

stating that they were aware of problems within the Denmark area, relating to

coverage, and that they were committed to finding solutions.

5. APPLICATIONS FOR LEAVE OF ABSENCE

Nil

6. CONFIRMATION OF MINUTES

6.1 ORDINARY COUNCIL MEETING

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 6.1

MOVED: CR RICHARDSON-NEWTON SECONDED: CR WAKKA

That the minutes of the Ordinary Meeting of Council held on the 19 April 2011 be

confirmed as a true and correct record of the proceedings.


7. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

Cr Wakka‟s Notice of Motion was received on the 11 January 2011 and therefore in

accordance with clause 3.10 of the Shire of Denmark Standing Orders Local Law.

Cr Phair‟s Notice of Motion was received on the 3 February 2011 and therefore in


Cr Phair‟s Alternate Notice of Motion was received on the 2 March 2011 and therefore in


7.1 COUNCILLOR NUMBERS

File Ref: CR.2

Applicant / Proponent: Not applicable

Subject Land / Locality: Not applicable

Disclosure of Councillor Interest: Nil

Date: 11 January 2011

Author: Dale Stewart, Chief Executive Officer

Authorising Officer: Dale Stewart, Chief Executive Officer

Attachments: Yes

Summary:

Given the Ministers position is now clear given he intends to introduce legislation

into parliament to force Councils within a certain timeframe to reduce to between 6

and 9 Councillors, and in my opinion it being likely to be enacted as law, the

following motion seeks to control our destiny by being proactive and having the

maximum number of Council proposed (9) and doing it under out terms by retaining


7

wards, on our timing and such that a complete spill and loss of corporate knowledge

is avoided.

Background:

As previously provided to Council in December, an analysis of the below table

reveals the following statistics;

• There 139 Councils in WA with 40 of those with 10 Councillors or more and 23

with 12 Councillors or more.

• The Councils with 12 Councillors or more are;

Number of

Councillors Council

Population

(2009)

Councillors

per Capita

12 Wagin 1,844 154

12 Denmark 5,100 425

12 Murray 14,000 1,167

12 Mundaring 33,438 2,787

12

Geraldton-

Greenough 36,887 3,074

12 Kalamunda 52,360 4,363

12 Gosnells 100,000 8,333

13 Albany 34,664 2,666

13 Subiaco 18,115 1,393

13 Nedlands 22,012 1,693

13 Harvey 23,096 1,777

13 South Perth 25,421 1,955

13 Fremantle 27,453 2,112

13 Busselton 29,183 2,245

13 Kalgoorlie-Boulder 29,684 2,283

13 Bunbury 32,841 2,526

13 Mandurah 67,053 5,158

13 Melville 99,351 7,642

13 Joondalup 160,000 12,308

14 Armadale 55,432 3,959

14 Stirling 193,000 13,786

15 Swan 58,861 3,924

15 Wanneroo 134,258 8,951

Council‟s resolution of 23 June 2009 was; “That Council, in responding to the Minister

for Local Government‟s directive of 5 February 2009 in relation to councillor

numbers being reduced to between 6 and 9, resolve to make a report to the Local

Government Advisory Board proposing that no change be made to its current 3 ward

& 12 representative system as the current system is adequate for the needs of the

Shire of Denmark. Council will reconsider this issue, subject to adequate community

consultation, should the Governments intention in relation to amalgamation and

representational issues achieve greater clarity.”

On the 21 December 2010, Council resolved as follows;

“That Council request the CEO to provide a report to Council regarding Councillor

numbers for the Shire of Denmark following receipt of the proposed Community Survey,

if it includes a question of the community on the Minister‟s Directive.” (Resolution No.

251210).

Subsequently Cr Wakka submitted the following Notice of Motion;

”That Council, noting the Minister for Local Government‟s directive of 5 February 2009

in relation to councillor numbers being voluntarily reduced to between 6 and 9, and


8

now that the Minister is intending to put before Parliament a Bill to force Councils to

reduce their numbers to a maximum of 9, resolve to make a report to the Local

Government Advisory Board proposing that there be no change to its current 3 Ward

structure but that its number of elected representatives be reduced to 9 by reducing

one Councillor from each ward, and that Council request that the Board give effect to

this decision for the 2011 Shire of Denmark Local Government Elections and only if it

can be achieved without a complete „spill‟ of Councillors.”

Council deferred Cr Wakka‟s Notice of Motion at its meeting held on the 25 January

2011 with the following deferral motion;

“That the item be deferred for one month to enable Council Officers to investigate the

matter and provide some alternative scenarios.” (Resolution No. 070111).

Cr Phair has since forwarded through the following comments and an additional

Notice of Motion, on the 3 February 2011, which is detailed as follows;

“Statement:

Although I am putting forward this “Notice of Motion” I would like to state that I

categorically disagree with the Ministers view in regard to Councillor numbers being

restricted to between 6 and 9 and maintain a similar view to WALGA that it should be at

a Councils discretion to decide the number of elected members it sees as providing the

best representation for its residents.

Summary:

It is apparent from what is happening in other Councils that the Ministers proposed

legislation is persuading Councils to reconsider their numbers and wards as in their

view to control their destiny. I however am of the view that the proposed legislation

would only force Council to make a choice of between 6 and 9 prior to the 2019

elections. In reality though I believe pressure from externally and within will bring

about a reduction of numbers much earlier than 2019 and it is with this in mind I feel

Council should reconsider its position.

Current Wards No. of Electors Rep % Variation

12 Councillors

Scotsdale/Shadforth 1747 5 Plus 3.5%

Town 1502 4 Minus 3.7%

Kent/Nornalup 1089 3 Minus 0.04%

Current Wards No. of Electors Rep % Variation

9 Councillors – Boundary changes should be required

Scotsdale/Shadforth 1747 4 Plus 10.4%

Town 1502 3 Minus 3.9%

Kent/Nornalup 1089 2 Minus 13%

Two Wards No. of Electors Rep

9 Councillors – Boundary change required to bring balanced representation

East Ward 3249 7

West Ward 964 2

As can be seen in the chart above going to 9 Councillors without an electoral

boundary change will result in 2 of the three wards being outside the +- 10%

guidelines set by the Local Government Advisory Board. A spill may well be

required by the Board which will under Councillor Wakka‟s motion negate any

change to numbers.

I am of the opinion that if reform at this time is what Council is seeking then bite the

bullet do the job once and do it properly not in a half hearted piecemeal manner by

trying to avoid a spill and any boundary changes.”


9

Cr Phair‟s Notice of Motion

“That Council, noting the Minister for Local Government„s directive of 5 February

2009 in relation to Councillor numbers being voluntarily reduced to between 6 and

9, and now that the Minister is intending to put before Parliament a Bill to force

Councils to reduce their numbers to a maximum of 9, resolve to make a report to the

Local Government Advisory Board proposing that Council would seek to reduce the

number of wards from 3 to 2 and that a ward boundary realignment be made to

accommodate this. Council would also seek a reduction in elected members from 12

to 9 with 7 members representing the eastern portion (ward) of the shire and 2

members representing the western portion (ward) of the shire. Council request that

the Board give effect to this decision with a complete spill of Councillors to allow for

fairness and equity for all Councillors and electors preferably for the 2011 Shire of

Denmark Local Government Elections.”

At the meeting held on the 22 March 2011 Council resolved as follows;

“That Item 7.1 be deferred until the next meeting.”

Comment:

Ward maps highlight the current & potential ward boundaries based on the existing

ward structure and a two ward system will be provided to Councillors prior to the

meeting and included in the Minutes of this meeting.

A copy of the previous discussion paper (dated August 2008) which was submitted

for public consultation is attached for information. In that document it also

considered the issue of having a no ward system as well as reducing to 2 wards. At

the time no potential boundary alterations were canvassed.

The CEO has performed calculations of the impact that a 2 ward system with 9

Councillors would have on elector quotients. In the first and simplest scenario the

existing Scotsdale/Shadforth ward boundary was utilised to divide the Shire into 2

wards. Effectively this would create a west ward comprising the existing

Kent/Nornalup Ward unchanged and an eastern ward comprising the complete

former area of the Town and Scotsdale/Shadforth wards. Under this 2 ward scenario

it would mean that the Council retained a ward boundary that has been in existence

for approximately 8 years and gave some degree of consistency and surety to the

“tradition” of the ward. The name should probably be changed to the East Ward

however. Whether the Kent/Nornalup Ward would change to be termed the West

Ward is considered not critical however, for simplicity the CEO would recommend it

be renamed the West Ward.

A number of scenarios with existing wards, existing number of Councillors and a

reduction to 9 or indeed 8 Councillors, detailing the impact on quotients, has been

previously forwarded to Councillors and will be included with the Minutes of this

meeting.

Another scenario could be that the Kent/Nornalup Ward boundary is moved

westwards to reduce the imbalance in the quotients such that it achieves a closer

alignment to the State Government‟s requirement for “one vote, one value” and the

plus or minus 10% quotients desired. Examples of altering the boundary will be

detailed on the attached map however, based on initial modelling the CEO

recommends against altering this boundary.

The CEO is of the opinion that with likely growth predictions for Denmark and

assumptions that this growth will predominately be in the Scotsdale/Shadforth and

Town Wards is that, based on a 2% per annum growth rate, the current imbalance in

the quotients highlighted in the table above would correct itself within 2 – 4 years.

Thus if Council was inclined to alter the boundary to deal with the current quota

imbalance it would again be out of balance within 2 – 4 years necessitating another

boundary change. This, in the CEO‟s opinion, undermines the purpose and intent of

wards and the CEO is of the opinion that the residents and ratepayers of the


10

Scotsdale/Shadforth and Town Wards would not be concerned as to whether they

were in a specific ward or not, as evidenced by the absence of any submissions on

this issue in the 2008 Ward Review.

If Council was to alter the ward boundary it is highly likely that the Local

Government Advisory Board would require a new consultative review to be

undertaken. Such a review must be advertised for minimum of 6 weeks. If Council

was inclined to undertaking a new review the CEO could commence advertising of

such a review based on agreed scenarios within a matter of one week of resolution

with assessment of any submissions being referred to the Council meetings in April

2011. This, whilst tight, would probably still enable the Local Government Advisory

Board to assess the result of Council‟s deliberations in time to give effect to the

decision for implementation for the 2011 Local Government Elections.

Consultation:

If Council was to undertake a full review it would be advertised for a compulsory

minimum period of 6 weeks. Council has recently included the following question in

the 2011 Customer Satisfaction and Community Needs Survey;

4. COUNCILLOR REPRESENTATION

The Minister for Local Government, the Hon John Castrilli, has previously stated that

it is his view that the maximum number of Councillors required for any local

authority is nine. This view was supported by the recent Local Government Reform

Steering Committee Report (March 2010) which recommended legislative

amendment to prescribe the number of Councillors to be between six and nine.

"The Denmark Shire Council has however previously considered the Ministers view

and rejected reducing the number of Councillors. The Western Australian Local

Government Association has also stated that the number of Councillors should be a

matter for individual Councils".

Below is a copy of the Community Survey results for this particular question which

shows quite a large percentage (45.4%) of respondents agree / strongly agree to the

reduction of Councillor numbers, with 27% being neutral/unsure.

Do you support the Minister and Steering Committee’s view that there should only be nine Councillors (or less)?


11

Statutory Obligations:

The Local Government Act 1995, Schedule 2.2 requires a Local Government that has

a ward system, to carry out reviews of its Ward boundaries and the number of offices

of councillor for each ward “from time to time so that not more than eight (8) years

elapse between successive reviews.”

Council‟s last review was in 2008 therefore a review would be required to be

completed prior to 2016.

Policy Implications:

There are no policy implications.

Budget / Financial Implications:

Should the number of Councillors be reduced this would decrease governance costs

including the cost of conducting the 2011 and subsequent elections.

Strategic Implications:

The CEO would have some concern about a complete spill of Council if the result

was such that little or nil sitting Councillors regained their seat which would result in

a significant loss of corporate governance knowledge.

Sustainability Implications:

Environmental:

There are no known significant environmental considerations relating to the report

or Councillor Notice of Motion.

Economic:

There are no known significant economic considerations relating to the report or

Councillor Notice of Motion.

Social:

There are no known significant social considerations relating to the report or

Councillor Notice of Motion.

Voting Requirements:

Absolute majority.

The CEO has included details of the City of Albany‟s current situation (within the

table in the report), as requested by Cr Syme at the meeting held on the 15 February

2011.

CEO comment

The Officer supports the principle of the Notice of Motion by Cr Wakka and believes

that the Local Government Advisory Board would agree to the request if submitted.

This notwithstanding the CEO has also submitted an Officer Recommendation.


12

COUNCIL RESOLUTION & CR WAKKA‟S NOTICE OF MOTION ITEM 7.1

MOVED: CR WAKKA SECONDED: CR BARNES

5.09pm - The Director of Finance & Administration left the meeting.

5.16pm - The Director of Finance & Administration returned to the meeting.

That Council, noting the Minister for Local Government‟s directive of 5 February

2009 in relation to councillor numbers being voluntarily reduced to between 6 and


Councils to reduce their numbers to a maximum of 9, resolve to make a report to

the Local Government Advisory Board proposing that there be no change to its

current 3 Ward structure but that its number of elected representatives be reduced

to 9 by reducing one Councillor from each ward, and that Council request that the

Board give effect to this decision for the 2011 Shire of Denmark Local Government

Elections and only if it can be achieved without a complete „spill‟ of Councillors.

CARRIED BY AN ABSOLUTE MAJORITY: 7/5 Res: 070411

Cr Laing requested that all Councillors‟ votes on the above resolution be recorded.

FOR: Cr Sampson, Cr Barnes, Cr Thornton, Cr Syme, Cr Pedro, Cr Ebbett &

Cr Wakka.

AGAINST: Cr Laing, Cr Barrow, Cr Richardson-Newton, Cr Hinds & Cr Phair.

Given the above motion was carried, the following Notice of Motions relating to the

same subject and contradictory to the carried motion, could not be accepted.

CR PHAIR‟S NOTICE OF MOTION ITEM 7.1

That Council, noting the Minister for Local Government„s directive of 5 February




the Local Government Advisory Board proposing that Council would seek to

reduce the number of wards from 3 to 2 and that a ward boundary realignment be

made to accommodate this. Council would also seek a reduction in elected

members from 12 to 9 with 7 members representing the eastern portion (ward) of

the shire and 2 members representing the western portion (ward) of the shire.

Council request that the Board give effect to this decision with a complete spill of

Councillors to allow for fairness and equity for all Councillors and electors

preferably for the 2011 Shire of Denmark Local Government Elections.

Cr Phair‟s comments in relation to the following Alternate Notice of Motion;

“It seems apparent that there are several issues where council is at odds in regard to

"Electoral Reform". They appear to be (but not exclusive to nor in any particular

order.)

a) Spill or no spill.

b) (b). Electoral boundary changes.

c) (c). Number of Wards.

d) (d). Timeframe for implementation.

e) (e). Loss of corporate knowledge.

I have in my "Alternative Notice of Motion" below tried to find common ground

whereby Council, the Minister and Electors may all have a clear picture as to how a

transition to 9 councillors could be achieved should the "Community Survey" support

the preliminary figures supplied by the CEO at our February Council Meeting and

should council wish to consider reducing elected member numbers to 9.


13

Positives for the Motion.

a) (a). No spill required.

b) (b). Electoral boundary changes not required for the 2011 election and adequate

time for these changes to be properly assessed and implemented for the

2013 election.

c) (c). It would seem from discussions with some councillors that my initial feeling

that the consensus that a two ward shire may be supported by the majority may

have been misplaced. My motion "as is" would be to retain the "status quo" (3

Wards).

d) (d). The "Alternate Notice of Motion" gives adequate time for all stakeholders to

be fully aware of their positions.

i. The Minister can be informed of our intentions to abide his wishes and

reduce members to 9 and not subject to a "no spill" condition.

ii. Candidates nominating for the 2011 election will be fully aware that

council is moving to a 9 elected member council and that only 5 positions

are for a 4 year term.

iii. Electors will be fully aware at the 2011 election that it is the last election of

a 12 member council and that a reduction to 9 members will be finalised at

the 2013 election. (NB. Under Councillor Wakka's motion there will be 6

vacancies at the 2013 which will still need to be addressed to bring about

a 5/4 member turnover).

iv. The current members were all elected to council as part of a 12 member

council, for those whose terms don't expire until 2013 it would not be

inconsistent with both their and electors expectations at the last election if

council numbers remained at 12 until the 2013 election.

v. Although it does not achieve a reduction to 9 members at the 2011

election it does however positively set in place the final stage at the 2013

election with the election of only 4 members for a 4 year term and

adequate timeframes to achieve an unconditional reduction to 9

members.

e) There will no risk of "loss of corporate knowledge" as it will be a smooth and fluid

process as is normally the case of new members replacing those retiring or

resigning.

f) The process is completely transparent.

Negatives for the Motion.

a) Does not achieve a reduction to 9 members at the 2011 election.”

CR PHAIR‟S ALTERNATE NOTICE OF MOTION ITEM 7.1

That Council, noting the Minister for Local Government„s directive of 5 February

2009 in relation to councillor numbers being voluntarily reduced to between 6 and



the Local Government Advisory Board proposing that there be no change to its

current 3 Ward structure but that its number of elected representatives be reduced

to 9 by the 2013 Shire of Denmark Local Government Election. This would be

achieved by reducing one Councillor from each ward at the 2013 election. The

2011 election would be held under the existing ward boundaries with 12 elected

member representatives except that of the 6 retiring members only 5 be re-elected

for a 4 year term the remaining position be for a 2 year term. As a reduction to 9

elected representatives creates unacceptable anomalies within the Shires current 3

wards system a ward boundary review would be undertaken prior to the 2013

election to accommodate the reduction of one member per ward and the election

of 4 elected representatives for a 4 year term at the 2013 elections completing the

transition to a 9 elected member Council.


14

The following Recommendation can only be dealt with if the above deferred Notice

of Motion and Cr Phair‟s Notice of Motion and Alternate Notice of Motion are either

withdrawn by the submitters or are all lost.

CEO RECOMMENDATION ITEM 7.1

That Council, noting the Minister for Local Government‟s directive of 5 February




the Local Government Advisory Board proposing that the Kent/Nornalup Ward be

renamed the West Ward and the Scotsdale/Shadforth and Town Wards be

consolidated into a single ward renamed the East Ward such that the West Ward

have 2 Councillors and the East Ward have 7 Councillors and request that the

Board give effect to this decision for the 2011 Shire of Denmark Local Government

Elections and only if it can be achieved without a complete „spill‟ of Councillors.

Cr Hinds‟ Notice of Motion was received on the 13 April 2011 and therefore pursuant to

clause 3.10 of the Shire of Denmark Standing Orders Local Law, can be dealt with by

Council at this meeting.

7.2 ROYAL WEDDING

File Ref: GRT.B

Applicant / Proponent: Cr Hinds


Disclosure of Officer Interest: Nil

Date: 13 April 2011

Author: Cr Hinds

Authorising Officer: Cr Hinds

Attachments: No

Background

At the date of this writing Prince William and Kate Middleton are shortly due to be

married in London in the United Kingdom.

Comment

Prince William has an interest in Australia and has been a recent visitor. He may one

day be King of England and a central figure in the Commonwealth of Nations of

which Australia is part. It is a happy occasion and an opportunity for us to,

officially, join with other nations and cultures in celebration.

Among the charities which will benefit from the charitable fund is the Royal Flying

Doctor Service in Australia.

Budget Implications

$200.00.

Economic

The list of donors will probably be published. It is a promotional & tourism

opportunity.

CEO comment

The Officer is of the view that there is no tangible, direct or indirect, benefit to the

Shire of Denmark as an organisation or community in making a donation

commemorating the occasion. If the Council is inclined to make a donation to a

particular charity of choice such as the Royal Flying Doctor Service of Australia, it


15

could accommodate the request by members Account 1410082, which has a budget

of $13,000.00 and expenditure of $7,919.00 (as at 8 April 2011).

COUNCIL RESOLUTION & CR HINDS‟ NOTICE OF MOTION ITEM 7.2

MOVED: CR HINDS SECONDED: CR BARROW

That the Denmark Shire Council on behalf of the citizens of the Denmark Shire;

1. Offer our congratulations and best wishes for the future to H.R.H. Prince William

and Miss Kate Middleton on the occasion of their wedding, and

2. Make a contribution of $200.00 to the charities fund set up for this occasion.

AMENDMENT

MOVED: CR LAING SECONDED: CR PHAIR

That the motion conclude with a full stop after the wording “wedding”.

LOST BY THE CASTING VOTE OF THE SHIRE PRESIDENT: 6/7 Res: 080411

THE ORIGINAL MOTION WAS THEN PUT AND LOST: 5/7 Res: 090411

Cr Hinds requested that all Councillors‟ votes on the above resolution be recorded.

FOR: Cr Hinds, Cr Phair, Cr Barrow, Cr Richardson-Newton & Cr Laing.

AGAINST: Cr Sampson, Cr Barnes, Cr Thornton, Cr Syme, Cr Pedro, Cr Ebbett &

Cr Wakka.


16

8. REPORTS OF OFFICERS

Councillors were encouraged to identify those Agenda Items from Item 8 (Officer Reports)

through to and inclusive of Item 9 (Committee Recommendations) that they would like to

discuss, debate, amend, ask questions in relation to or make comment on.

ITEM

NO.

HEADING Declarations

of Interest

Yes / No

Absolute

Majority

Yes / No

8.1.1 Lions Lookout Viewing Platform No Yes

8.1.2 Request for Councillor Nominations to the Great

Southern Joint Development Assessment Panel

No No

8.1.3 Scheme Amendment Request – Peaceful Bay

Structure Plan

Yes No

8.1.4 Initiation of Scheme Amendment No. 122 - Lots

Bounded by Mount Shadforth Road and Warham

Road, Denmark.

No No

8.2.1 Unbudgeted Expenditure Feast Not Fire Night No Yes

8.2.2 Commuter Carpark/Vehicle Sale/Grower‟s Market

Space

No No

8.2.3 Peaceful Bay Water Supply Tanks No Yes

8.3.1 Peaceful Bay Finger Jetty Investigative Study No Yes

8.4.1 Financial Statement for the Month Ending 31 March

2011

No No

8.4.2 Denmark Pistol Club (Inc) – Lease of Reserve 36044 Yes No

8.4.3 Provision of SBS FM Radio Service – Grant Funding No Yes

8.4.4 Denmark Tourism (Inc) – Sub-Lease of Reserve

48198

Yes No

8.5.1 Policy Manual Review – Policies P130301 to

P140401

Yes No

8.5.2 Denmark Cottage Crafts No No

8.5.3 Constitutional Recognition of Local Government No No

8.5.4 Old Hospital Adaptive Reuse Study Yes No

9.1 Disability Services Committee and Paths & Trails

Advisory Committee

No Yes

The items highlighted above were identified by Council for discussion and were excluded

from the following En-bloc recommendation.

Prior to consideration of Item 8.4.2 through Presiding Person the Chief Executive Officer

brought to the attention of the meeting the following disclosure(s) of interest:

Cr Thornton resides within hearing distance of the Denmark Pistol Club and as a consequence

there may be a perception that his impartiality on this matter may be affected. Cr Thornton

declares that he will consider this matter on its merits and vote accordingly.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8

MOVED: CR LAING SECONDED: CR SYME

That the Officer Recommendations with respect to Item numbers 8.1.1, 8.2.3, 8.4.2, 8.4.3 &

8.5.2 be adopted en bloc.



17

8.1 Director of Planning & Sustainability

8.1.1 LIONS LOOKOUT VIEWING PLATFORM

File Ref: GRT.B

Applicant / Proponent: Shire of Denmark

Subject Land / Locality: Lions Lookout Carpark - Ocean Beach Reserve R24913


Date: 4 April 2011

Author: Helen Heydenrych, Natural Resource Management Officer

Authorising Officer: Annette Harbron, Director of Planning & Sustainability

Attachments: Yes

Summary:

Council is requested to endorse the acceptance of grant funding from South Coast

NRM Inc. of $14,800 for the construction of a wheelchair accessible viewing platform

at Lions Lookout, Ocean Beach Reserve 24913, and approve the following budget

amendments for this project:

Increase Expenditure Account 1121004 (Swimming Areas – Land and Buildings)

by $16,600;

Increase Income Account 1121053 (Swimming Areas and Beaches Grant) by

$14,800; and

Reduce Expenditure Account 1128002 (Maintenance – Roadworks General) by

$1,800 (as is to be reallocated to Expenditure Account 1121004).

Background:

In February 2011 the Shire lodged a grant application (Attached) with the Southern

Incentives Southern Shores Coastal Grant 2010-2011 program (administered by

South Coast NRM Inc.) for $14,800 (total project cost of $21,875) to assist with the

construction of a viewing platform with coastal interpretative signage at Lions

Lookout carpark, Ocean Beach.

Comment:

In March 2011 the Shire was advised that the grant application was successful, thus in

accordance with Delegation D040223: Grants and Subsidies, Council is required to

endorse the grant prior to acceptance.

A condition of the grant funding is that Council is required to provide a contribution

of funds of $6,475, of which $1,800 is proposed to be reallocated from Expenditure

Account 1128002 (Maintenance – Roadworks General) and the remaining is

predominately in-kind contribution associated with project management and

interpretative signage development. The $1,800 is required to provide re-sheeting

of the Lions Lookout carpark with crushed limestone from the adjacent Ocean Beach

limestone quarry.

The provision of improved visitor facilities at frequently visited coastal locations is an

important aspect of best-practice management response to increased visitor

pressures in the Shire of Denmark coastal reserves, and is highlighted in Council‟s

recently adopted Shire of Denmark Coastal Reserves Management Strategy and Action

Plan 2010-2020. In particular, the provision of wheelchair accessible scenic viewing

facilities is important for ensuring that safe rest and relaxation experiences are

available to an aging local and visitor population.

The visitor facilities currently available at the Lions Lookout carpark destination

include an old disused bench, with very limited access to the view site, and a lookout

platform at the top of a long and steep flight of poorly maintained steps, entirely out

of reach of the aged or infirmed.. The proposed viewing platform will greatly

increase the capacity of the view site to accommodate a number of visiting groups at

any one point in time, and be fully universally accessible, directly from the carpark.


18

Consultation:

External Consultation

The Shire of Denmark Coastal Reserves Management Strategy and Action Plan 2010-

2020 included an extensive public consultation program, during which no public

concerns were raised with regards to the management recommendation for the

construction of a wheelchair accessible viewing platform at the Lions Lookout

carpark.

The Denmark Surf Life Saving Club (SLSC) strongly supports the proposed viewing

platform facility. The Denmark SLSC has provided a letter of support to the Shire of

Denmark in this regard – see Attachment 1, stating their interest in assisting with

long-term site maintenance via formation of a “Friends of Ocean Beach Reserve”

group.

Internal Consultation

The Director of Finance and Administration and the Acting Director of Infrastructure

Services.


There are no known statutory obligations.


As per Delegation D040223: Grants and Subsidies, Council is required to endorse

this grant prior to acceptance.


There is no current allocation for this project in the 2010/2011 budget, thus a budget

amendment/reallocation will be required to be undertaken. Upon endorsement of

the grant by Council, it is anticipated that the project works will commence in the

2010/2011 financial year, with the unexpended funds to be carried over/carried

forward into the 2011/2012 budget.


The provision of a wheelchair accessible viewing platform at Lions Lookout is in line

with the missions provided for in the Shire of Denmark‟s Strategic Plan (2006),

namely:

Environmental Planning and Management;

Tourism; and

Sport and Recreation.


Environmental:

The provision of improved visitor facilities at frequently visited coastal locations is an

important aspect of best-practice environmental management for responding to

increased visitor pressures in the Shire of Denmark coastal reserves, and is

highlighted in Council‟s recently adopted Shire of Denmark Coastal Reserves

Management Strategy and Action Plan 2010-2020.

Economic:


officer recommendation.

Social:

The provision of wheelchair accessible scenic viewing facilities is important for

providing greater accessibility to Council provided visitor services & facilities.


Absolute majority.


19

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.1

That Council with respect to the grant funding from South Coast Natural Resource

Management Inc of $14,800 (plus GST) for the Lions Lookout Viewing Platform,

Ocean Beach:

1. Endorse acceptance of the grant and authorise the Director of Planning and

Sustainability to execute the grant contract documents accordingly; and

2. Approve the following budget amendments in the 2010/11 Budget:

a) Increase Expenditure Account 1121004 (Swimming Areas – Land and

Buildings) by $16,600 from $54,000 to $70,600;

b) Increase Income Account 1121053 (Swimming Areas and Beaches Grant) by

$14,800 from $52,000 to $66,800; and

c) Reduce Expenditure Account 1228002 (Maintenance – Roadworks General)

by $1,800 from $1,208,328 to $1,210,128, noting a nil net impact on the

predicted end of year position at 30 June 2011.

CARRIED BY EN BLOC RESOLUTION No. 100411

Prior to considering item 8.1.2, the Chief Executive Officer advised that declarations of interest

were not required pursuant to section 5.63 (1) (g) of the Local Government Act 1995.

8.1.2 REQUEST FOR COUNCILLOR NOMINATIONS TO THE GREAT SOUTHERN

JOINT DEVELOPMENT ASSESSMENT PANEL

File Ref: PLN.17




Date: 4 April 2011

Author: Annette Harbron, Director of Planning & Sustainability


Attachments: Yes

Summary:

With the impending commencement of mandatory Development Assessment Panels

(DAPs), Council is requested to nominate two (2) Councillors as Members and two

(2) Councillors as Alternate members to serve on the Great Southern Joint

Development Assessment Panel (GSJDAP).

Background:

As part of the State Government‟s commitment to streamlining and improving the

planning approvals process in Western Australia the WA Parliament passed the

Approvals and Related Reforms (No. 4) (Planning) Act 2010 (the 2010 Amendment Act).

The provisions of the 2010 Amendment Act, except Part Three (being the part which

contains the heads of powers required to introduce mandatory DAPs throughout the

State), commenced on 22 November 2010.

DAPs are panels comprising a mix of technical experts and local government

representatives with the power to determine applications for development approvals

in place of the relevant decision-making authority. The aim of DAPs is to improve the

planning system by providing more transparency, consistency and reliability in

decision-making on complex development applications.

Comment:

DAPs are scheduled to commence operation from 1 July 2011, supported by a

number of legislative provisions which all commenced operation on 24 March 2011,

being:


20

Part 11A of the Planning and Development Act 2005 – contains the heads of powers

required to introduce DAPs in the State through the making of regulations by the

Governor;

The Planning and Development (Development Assessment Panels) Regulations 2011

(the DAP Regulations) – deal with the operation, constitution and administration of

DAPs; and

Amendments to the Planning and Development Regulations 2009 – the

amendments allow local governments to continue charging fees for applications

that will be subject to the new DAP process under the DAP Regulations.

The DAP that will service the Shire of Denmark is the GSJDAP – refer Attachment for

the other local authorities that are to be serviced by the GSJDAP.

Specifically in relation to how the DAPs will operate the following summary is

provided:

Type of Applications To Be Determined

Mandatory DAP applications – any application with an estimated cost of equal to

or more than $7 million ($15 million in the City of Perth) and is not for:

o The construction of a single dwelling;

o The construction of less than ten grouped dwellings or multiple dwellings;

or

o The construction of carports, patios, outbuildings or any incidental

development.

Optional DAP application – an application whereby the applicant has requested

the DAP be the relevant decision-maker and has the following characteristics:

o Value of the development is between $3 and $7 million (or between $10

and $15 million in the City of Perth); and

o The development applied for is the construction of a single dwelling, less

than ten grouped dwellings or multiple dwellings, carports, patios,

outbuildings or associated incidental development.

Applications Delegated to the DAP by a local government – a local government

can delegate to their DAP the power to determine optional DAP applications only.

Where a local government delegates their power, the local government must pay

the relevant DAP fee and not the applicant.

Minor Amendment application – applications to amend or cancel any

development approval, or conditions of approval, granted previously by a DAP.

DAP Application Process

DAP applications will be lodged with the relevant local government, with the

local government fee, the applicable DAP fee and the new DAP Application form.

Upon lodgement of a DAP application the local government is to notify the DAP

secretariat (located in the Department of Planning) of the application.

The local government is responsible for carrying out the preliminary assessment

of the application as per the relevant Town Planning Scheme provisions (e.g.

referral to external agencies for comment, advertisings, review of submissions

etc). The local government will then prepare a report containing its

recommendations for the DAP to take into account when determining the

application.

The DAP Secretariat organises the DAP meeting where the application will be

determined, with DAP meetings to generally be held at the local government

offices.

All DAP meetings will be open to the public and any interested person can

attend. However only those persons invited to give a presentation to the DAP

may address the DAP during the meeting. People who have made a submission

on the application during the public advertising process and who are in


21

attendance at the meeting may be asked to make a short presentation to the DAP

on their position regarding the application.

All DAP members will have been provided with the report from the local

government before the meeting. An officer from the local government may be in

attendance to answer any questions that the DAP members may have regarding

the application.

Each member of the DAP who is present at a meeting of the panel is entitled to

one vote on each matter. In the event of a deadlocked vote (which may occur is

one member is absent from a meeting), the person presiding will have the power

to cast the deciding vote.

After a determination has been made, the Department of Planning will send

notification of the DAPs decision to the applicant and the relevant local

government.

Where an application for review of a determination made by a DAP is lodged

with the State Administrative Tribunal, the respondent will be the DAP that made

the decision.

The local government is responsible for administering any conditions of approval

on an application approved by a DAP.

Membership of DAPs

As the Shire of Denmark is to be serviced by a Joint DAP (JDAP), membership is as

follows:

The three specialist members (NB: the presiding member must be a specialist

member) will be appointed by the Minister for Planning following approval by

Cabinet.

Specialist members are to be appropriately qualified individuals and may have

experience in one or more of the following areas of expertise: town planning,


22

architecture, urban design, engineering, landscape design, environment, law,

property development and property management.

The presiding member or deputy presiding member is required to have a

tertiary qualification in town planning and associated experience.

Two Councillors are to be nominated by their local government, together with

two alternate Councillors, for consideration of appointment to the JDAP by the

Minister for Planning.

All DAP members are appointed for a term of two years. If a Councillor is

appointed as a DAP member and during the course of their 2 year term as a DAP

member they are not re-elected to the Council, that person no longer holds the

position of a DAP member.

All DAP members are required to declare any direct or indirect pecuniary

interest in a matter before a DAP meeting as per section 266 of the Planning &

Development Act 2005.

All local government representatives, including alternate local government

representatives, appointed as DAP members will be required to attend

mandatory training before they can sit on the DAP for the first time.

The training will address the planning and development assessment framework

in Western Australia, planning law (including what is an appropriate planning

consideration), operation and conduct of DAP‟s, the DAP Code of Conduct and

expected behaviour of DAP members.

If a local government fails to nominate two Councillors to the relevant DAP within

the specified time period (being 13 June 2011 although the Department has

requested, where possible, nominations be provided prior to 3 May 2011 to

facilitate early commencement of training), the Minister for Planning has the

power to appoint two non-councillors from the community to represent the local

community on the DAP.

Costs and Expenses of DAPs

All DAP members, except those already on the „public payroll‟ will be paid

sitting fees on a sessional basis – presiding member will be paid $500 per

session and all other members will be paid $400 per session.

All DAP members will be paid a $400 training allowance upon successful

completion of the mandatory training. Advice received to date is that the training

will occur in the regions and is only expected to be a half-day training exercise.

A DAP member is entitled to be reimbursed for motor vehicle and travel

expenses at the rate decided by the Public Sector Commissioner for members of

Government boards and committees.

Local Government‟s Role in DAPs

Receipt of DAP applications;

Remittance of DAP application and DAP fee to the Secretariat;

Preparation of a planner‟s report on the application;

Transmission of the planner‟s report, together with any public submissions

received, to the Secretariat;

Assist in hosting DAP meetings by arranging:

o A minute-taker (unless other arrangements are agreed with the Director

General of the Department of Planning);

o Catering for light refreshments; and

o Security (where necessary).

Costs associated with the above are to be reimbursed by the Secretariat upon

receipt of an invoice.

As referenced above, all local governments are to submit nominations to the Minister

for Planning for two (2) DAP members and two (2) alternate DAP members. Such

nominations are to be submitted no later than 13 June 2011 although the Department


23

has requested, where possible, nominations be provided prior to 3 May 2011 to

facilitate early commencement of training.

Aside from the mandatory training commitment, Officers consider that the appointed

Councillors to the GSJDAP would not be regularly called upon on the basis that in the

past few years Planning Services has not received an application that would fall into

the mandatory DAP application category and not many applications would have

qualified for the Optional DAP application category. Alternate members would only

be called upon in the event that any of the two Shire DAP members cannot attend a

meeting due to illness, absence or other cause.

Consultation:

Consultation has occurred with the Department of Planning namely in relation to

training arrangements and clarification on Councillor appointments.


DAPs are statutory planning instruments provided for in the 2010 Amendment Act,

with commencement of operations being 1 July 2011.




Given DAPs are to come into effect from July 1 2011, the 2011/2012 budget will need

to incorporate DAP operational income and expenditure accounts. The net impact on

the Shire of Denmark will be an additional minor and administrative financial impost

depending upon the number of applications which may be referred from year to

year.


The Western Australian Government consider that the introduction of DAPs in

Western Australia will have significant benefits for local governments, the

development industry, landowners, the general community and other stakeholders.

This is on the basis that they aim to help to improve the planning system by

providing more transparency, consistency and reliability in decision-making on

complex development applications.


Environmental:


or officer recommendation.

Economic:

From a Council perspective there are no known significant economic considerations

as the Shire will continue to receive application fees regardless of whether an

application is to be determined by the DAP.

From an applicant‟s perspective, additional costs will be incurred as they will be

required to pay the Shire‟s planning application fee as well as a DAP fee.

Social:

From a local government perspective, the benefits associated with the introduction

of DAPs are yet to be proven; particularly from the perspective of being able to

negotiate good development outcomes for the broader community.


Simple majority.


24

At the meeting held on the 19 April 2011, Cr Syme asked whether the alternate

members and would they be listed in priority order and whether it was up the Panel

or Councillor as to who would attend a JDAP meeting.

The Director of Planning & Sustainability provides the following information in

response;

The DAP Regulations do not provide any specific detail as to the priority selection

process of the Alternate Member if a Councillor Member is unavailable to attend

a DAP meeting due to illness, absence, a declared interest or other cause.

In the event that a Councillor Member is unavailable either for an item on the

DAP or for the entire DAP meeting, the Councillor Member is to contact the DAP

Secretariat as soon as possible and the DAP Secretariat will be responsible for

organising the Alternate Member to attend the DAP meeting.

From discussions with the Manager, Special Projects at the Department of

Planning, a local government could choose to nominate a 1st deputy and 2nd

deputy.


MOVED: CR EBBETT SECONDED: CR WAKKA

With respect to Great Southern Joint Development Assessment Panel and the

request by the Department of Planning, Council nominate the following

Councillors:

1. Councillor Thornton and Councillor Syme as Members; and

2. Councillor Sampson and Councillor Pedro as Alternate Members.




Cr Phair declares a proximity & a financial interest on the basis that he owns land which is

adjacent to the Peaceful Bay Structure Plan .

5.38pm - Cr Phair left the room and did not participate in discussion or vote on the matter.

8.1.3 SCHEME AMENDMENT REQUEST – PEACEFUL BAY STRUCTURE PLAN

File Ref: TPS3A130

Applicant / Proponent: TME on behalf of H & P Opitz

Subject Land / Locality: Peaceful Bay Structure Plan Area


Date: 5 April 2011

Author: Annette Harbron, Director of Planning & Sustainability


Attachments: Yes

Summary:

The Scheme Amendment Request (SAR) proposes to introduce a “Development

Area” zone into Town Planning Scheme No. 3, along with structure plan provisions

similar to the draft Model Scheme Text provisions, and rezone the land currently the

subject of the adopted Peaceful Bay Structure Plan area to “Development Zone” to

facilitate detailed structure planning to be undertaken.

It is recommended that Council supports the SAR on the basis that introducing such a

zone with the associated structure plan provisions will provide legal clarity to the

structure plan process in TPS 3, whilst providing a strategic direction forward in

relation to future development within Peaceful Bay.


25

Background:

Planning Services are in receipt of a SAR lodged by TME, on behalf of the

landowners of No. 261 (Lot 301) Ficifolia Road, Peaceful Bay, which proposes to:

introduce a “Development Area” zone into Town Planning Scheme No. 3,

along with structure plan provisions similar to the draft Model Scheme Text

provisions (refer Attachment 1); and

rezone the land currently the subject of the adopted Peaceful Bay Structure

Plan area to “Development Zone” to facilitate detailed structure planning to

be undertaken.

It should be noted that the SAR when originally lodged proposed to introduce a

“Rural Village” zone; however after extensive consultation with Planning Services

the SAR has subsequently been amended to introduce a “Development Area” zone.

Comment:

Introduction of “Development Area” Zone Provisions

The introduction of a “Development Area” zone into TPS 3 will provide a statutory

framework for the preparation, assessment, approval and implementation of

structure plans. The draft Model Scheme Text provisions are proposed to form the

basis of the provisions that would be introduced, with necessary modifications

having regard to the form and structure of TPS 3.

From a Planning Services perspective it is considered appropriate that structure plan

provisions are incorporated into TPS 3 as they will provide legal clarity to the

structure plan process, which subsequently guides subdivision and development.

“Development Area” Zone for Peaceful Bay

The current Peaceful Bay Structure Plan was adopted by Council in August 2000 and

by the Western Australian Planning Commission (WAPC) in June 2001 (subject to

amendments). The approved Structure Plan generally guides the potential

development areas for the Peaceful Bay area, with further zoning, subdivision and

development of the area linked to the provision and upgrading of standard urban

infrastructure services.

The isolation of Peaceful Bay and the limited size of the settlement pose particular

servicing issues which need to be addressed in a creative, innovative way which is

responsive to local needs, sensitive to the special character of Peaceful Bay and

economic to pursue. Responding to this, Council adopted the Peaceful Bay Pre-

Feasibility Servicing Report in July 2010.

Having regard to the above, Planning Services consider that the introduction of a

“Development Area” zone for the land currently the subject of the Peaceful Bay

Structure Plan is appropriate as it provides the opportunity to establish locally

appropriate parameters and/or identify unique issues to be addressed in any review

of the current structure plan. In particular, it provides the opportunity to ensure that

any future development of the Peaceful Bay area provides for non-standard servicing

arrangements - refer Attachment 2 for structure plan provisions that have been

proposed for the expansion of the Gracetown townsite.

In terms of a review of the current structure plan, it is considered timely to undertake

such review, particularly having regard to the Peaceful Bay Pre-Feasibility Servicing

Report (July 2010) and the fact that the landowners of Lot 301 are wishing to progress

a local structure plan for their land parcel. In this regard a local structure plan

cannot progress if it is not generally consistent with the principles and objectives of

the district level structure plan, and in this instance it is known that this will be the

case as the district structure plan requires standard urban infrastructure services

being in place whilst the landowners of Lot 301 wish to consider non-standard


26

servicing arrangements – which is an approach to infrastructure servicing supported

by Council.

From a Council perspective, Council does have a major role to play in the review of

the Peaceful Bay Structure Plan as it is one of the three major landowners in the area.

It is therefore appropriate that Council give due consideration, both as a landowner

and the local authority, to facilitate the review of the current structure plan.

In this regard should Council in-principally support a review of the Peaceful Bay

Structure Plan, it is recommended the following occur:

consultation with the Department of Planning and other relevant government

departments/servicing agencies, where necessary, to clearly ascertain the

issues which would be required to be addressed given this is to be a review

of an existing Structure Plan (NB: if the SAR progresses to a scheme

amendment, this process should be undertaken by the applicant to clearly

identify if there are any unique issues that need to be included in the scheme

amendment);

a brief be prepared for the review of the Peaceful Bay Structure Plan to

enable fee proposals to be sought from planning consultancies for Council‟s

budget considerations in due course; and

preliminary consultation occurring with the landowners of Lots 301 and 1425

Ficifolia Road, Peaceful Bay, specifically in terms of seeking a financial

contribution towards the review (based on a 1/3 contribution each).

Consultation:

Upon receipt of the SAR, it was referred to the following government

departments/servicing agencies for comment:

Department of Health;

Department of Water;

Department of Environment and Conservation;

Department of Agriculture;

Department of Indigenous Affairs;

Department of Planning;

Fire and Emergency Services Authority;

Heritage Council of Western Australia;

Tourism WA;

Main Roads of WA;

Western Power;

Telstra; and

Water Corporation.

In summary, the comments received from those government departments/servicing

agencies that provided responses were as follows:

The preparation of a flora and fauna survey and a management plan to be

approved by DEC;

Protection of native vegetation and wetland system;

Impacts from adjacent DEC managed reserve, in particular fire management

access, visual amenities and environmental values;

There are known Aboriginal Sites, a full heritage survey to be conducted to

address any constraints in an early stage of detailed planning;

Future planning decisions should take into account the heritage significance

of the original Peaceful Bay Settlement;

The land should not be rezoned for more intensive development when it is not

capable of being provided with essential infrastructure and services at this

time, as this would create an expectation that it can be developed with

necessary water and wastewater services. If rezoning agreed to by WAPC, it


27

must be stated very clearly in the amendment documents and zone

description that traditional water and wastewater services typically provided

by the Water Corporation are not available and there are no plans to provide

them in the foreseeable future;

More information on water supply and effluent disposal to accompany the

Amendment document;

All developments must comply with the provisions of the draft Country

Sewerage Policy. Compliance with this Policy is achievable with the

provisions of a sewerage scheme that is operated by the sewerage provider

who is licensed by the Economic Regulations Authority;

The proposal to recycle wastewater for toilet flushing and garden watering

must fulfil the requirements of the Australian Guidelines for Water Recycling:

Managing Health and Environmental Risks (Phase 1);

The preparation of a Local Water Management Strategy;

It may be necessary to consider the impacts of the increased population upon

the existing/proposed infrastructure within the Coastal reserve;

Focus should be given to the preparation of a more comprehensive structure

plan based on the pre-feasibility servicing report recently prepared and

further investigations which address:

o Government approved locations of the waste water treatment plant;

o Development sequencing of village growth radiating from the centre;

o Flora and fauna;

o Ground water and surface water;

o Acid sulphate soils;

o Movement network;

o Local urban water management;

o Fire management;

o Public open space scheduling;

o Infrastructure co-ordination, servicing and staging;

o Developer contribution arrangements;

o Ethnographic and aboriginal heritage; and

o Statutory planning implementation.

Planning for Bushfire Protection, WAPC Policy 3.7 and Australian Standard

3959 must be considered to avoid increasing the risk through inappropriately

located or designed land use and development.

The issues referenced above would generally need to be taken into account at the

time of the review of the Peaceful Bay Structure Plan and not as part of the scheme

amendment.


There are no statutory obligations in relation to a SAR.


The SAR report has been prepared in accordance with Council Policy P100601:

Scheme Amendments Requests.


Fees associated with this Scheme Amendment Request have been paid as per

Council‟s 2010/2011 Fees & Charges Schedule.

Should Council in-principally support a review of the Peaceful Bay Structure Plan, it

is recommended that a brief be prepared to enable fee proposals to be sought from

planning consultancies for Council‟s budget considerations in due course.


28


Although not directly related to the SAR, the Peaceful Bay Structure Plan is in need of

review and from a Council perspective, Council has a major role to play in such

review given it is one of the three major landowners in the area.


Environmental:

The recommendation will result in a Scheme Amendment that will introduce

provisions into TPS 3 in relation to structure plans. The process and matters to be

addressed in a structure plan will ensure environmental impacts and sustainability

initiatives are appropriately assessed and considered in the planning of the land.

Economic:



addressed in a structure plan will ensure sustainability initiatives in relation to

infrastructure servicing are appropriately assessed and considered in the planning

of the land.

Social:



addressed in a structure plan will ensure community matters are appropriately

assessed and considered in the planning of the land.


Simple majority.

At the meeting held on the 19 April 2011, Cr Richardson-Newton asked whether

Council would still have control over Structure Plans or whether by including

Structure Plans within the Town Planning Scheme, the decision for

approval/decline/amendment would be left up to Council Officers.

The Director of Planning & Sustainability provides the following information in

response;

The draft Model Scheme Text provisions provide the opportunity for an applicant

to seek the Western Australian Planning Commission‟s consideration of a

proposed structure plan if the local government does not make a determination

(being satisfactory for advertising, modifications required prior to advertising or

not satisfactory for advertising) within 60 days of receiving the proposed

structure plan (or such longer period as may be agreed in writing between the

proponent and the local government.

Council Policy P100601: Scheme Amendment Requests could be modified to

include reference to Structure Plan requests as well such that proponents gain an

indication of Council‟s support or otherwise without going to the expense of

preparing formal Structure Plan documentation. It should be noted that

notwithstanding this is Council‟s preferred process, a proponent could still opt to

formally lodge a structure plan and have it considered in accordance with the

relevant Town Planning Scheme provisions. Given there is no urgency for these

arrangements to be put into place and that the Director of Planning &

Sustainability is proposing to undertake a review of all current Local Planning

Policies and relevant Council policies in the next 6 months, it is considered that

the policy references can be addressed at that point in time.

Should Council wish to introduce a Structure Plan request process, it is

recommended that a fee needs to be included within Council‟s Fees & Charges

Schedule. In this regard it would be appropriate for the 2011/2012 Fees &

Charges Schedule to include a fee pertaining to Structure Plan Requests.


29

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.3 (a)

MOVED: CR SAMPSON SECONDED: CR RICHARDSON-NEWTON

That Council with respect to the Scheme Amendment Request to introduce a

“Development Area” zone and associated structure plan provisions into Town

Planning Scheme No. 3 and rezoning of land contained within the current Peaceful

Bay Structure Plan area to “Development Area” supports the proposal subject to

the following matters being addressed within the amendment documentation:

1. Identification of the issues that would be required to be addressed in any

review of the current Peaceful Bay Structure Plan, noting that these issues may

need to be stipulated in the scheme amendment provisions for the Peaceful Bay

“Development Area” zone; and

2. The provision of non-standard servicing arrangements being addressed in the

scheme amendment provisions for the Peaceful Bay “Development Area” zone.


Cr Syme requested that his name be recorded as voting against the motion.

OFFICER RECOMMENDATION ITEM 8.1.3 (b)

That Council with respect to the current Peaceful Bay Structure Plan:

1. Acknowledges that a review of the structure plan is required;

2. Authorises the Director of Planning and Sustainability to prepare a brief to


budget considerations in 2012/13; and

3. Authorises the Director of Planning and Sustainability to liaise with the

landowners of Lots 301 and 1425 Ficifolia Road, Peaceful Bay regarding the

review of the Peaceful Bay Structure Plan and their subsequent consideration of

a 1/3 financial contribution to the review, with the outcome of such liaisons to

assist with Council‟s budget considerations.

COUNCIL RESOLUTION ITEM 8.1.3 (b)

MOVED: CR LAING SECONDED: CR RICHARDSON-NEWTON

That Council with respect to the current Peaceful Bay Structure Plan:

1. Acknowledges that a review of the structure plan is required;

2. Authorises the Director of Planning and Sustainability to prepare a brief to


budget considerations in 2012/13; and

3. Authorises the Director of Planning and Sustainability to liaise with the

landowners of Lots 1, 2 & 301, 302 and 1425 Ficifolia Road, Peaceful Bay

regarding the review of the Peaceful Bay Structure Plan and their subsequent

consideration of a proportionate financial contribution to the review, with the

outcome of such liaisons to assist with Council‟s budget considerations.


REASONS FOR CHANGE

Council amended the motion to reflect the addition of several properties pertaining

to the allotments that Council were seeking to incorporate.

6.06pm – Cr Phair returned to the meeting.

6.06pm - Public Question Time

The Shire President stated that the second public question time would begin & called

for questions from members of the public. There were no questions.

6.07pm – Cr Richardson-Newton left the meeting.


30

8.1.4 INITIATION OF SCHEME AMENDMENT NO. 122 - LOTS BOUNDED BY

MOUNT SHADFORTH ROAD AND WARHAM ROAD, DENMARK.

File Ref: TPS3 SA122

Applicant / Proponent: Ayton Baesjou Planning

Subject Land / Locality: 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road

and 68 (Lot 355) Warham Road


Date: 5 April 2011

Author: Cindy Simpson, Senior Planning Officer


Attachments: Yes

Summary:

In March 2010, Council supported the Scheme Amendment Request (SAR) to rezone

the subject land from “Rural” to “Special Residential”. The applicant has lodged the

necessary Scheme Amendment documentation and requests Council‟s initiation of

Scheme Amendment No. 122 to Town Planning Scheme No. 3 (TPS 3).

It is recommended that Council initiate Scheme Amendment No. 122 subject to a

number of modifications being undertaken to the Scheme Amendment

documentation.

Background:

At the Ordinary Meeting of 23 March 2010, Council considered a Scheme

Amendment Request (SAR) to rezone No. 191 (22) Mount Shadforth Road from

“Rural” to “Special Rural”, wherein the following was resolved:

“That Council with respect to the Scheme Amendment Request for Lot 191 (22) Mount

Shadforth Road, resolve as follows:

1. Not support the Scheme Amendment Request for the spot rezoning of 191 (22)

Mount Shadforth Road;

2. Supports the rezoning of the land bounded by Mt Shadforth and Warham Road

being lots 1, 22, portions of 355 & 632 to Special Residential subject to the

following matters being addressed within the amendment documentation:

a. A land capability study to assess suitability for Special Residential

development and onsite effluent disposal. The study to include assessment

of maximum winter groundwater level to ensure there is adequate vertical

separation to groundwater and distance to water courses and wetland

margins.

b. Preparation of a Subdivision Guide Plan which address matters set out in the

2005 draft LPS and include the following:

i. The subdivision pattern to reflect the outcomes of the land capability

study;

ii. A minimum lot size of 5000m2 for all new lots created;

iii. Coordination of vehicular access to lots and restricted access off Mount

Shadforth Road;

iv. Stormwater management;

v. Landscape protection measures along Mt Shadforth Rd;

vi. Protection of remnant vegetation;

vii. Identification of building envelopes;

viii. Protection of Millers creek and any riparian vegetation associated with

it; and

ix. Preparation of a fire management plan.

x. Pedestrian footpaths being shown on the sub-division guideplan.

c. Suitable arrangements being made with WAPC and Water Corporation for

the provision of potable water through reticulated water or alternative

provision through rainwater tanks to new lots created.”


31

Comment:

Scheme Amendment No. 122 proposes to rezone 251 (Pt 356), 191 (Lot 22) and 165

(Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road (the subject land) from

“Rural” to “Special Residential” and introduce special provisions to apply to

subdivision and development of the subject land (refer Attachment) for the proposed

special provisions). Due to the size of the document, a copy of the Scheme

Amendment document is available for Councillors on their USB drives, on Council‟s

website and a printed version can be provided, for Councillor, upon request.

As per the proposed special provisions, subdivision and development shall

generally be in accordance with a Subdivision Guide Plan (SGP) for the subject land

(refer Attachment).

In summary, the main principles and components of the proposed special provisions

and the SGP are as follows:

Creation of 9 new lots (ranging in size from 5000m2 to 1.4300ha and retention

of 2 existing lots (ranging in size from 3.6500 ha to 3400m2).

Provision of building envelopes (1000m2) having regard to the opportunities

and constraints mapping (refer Attachment 3).

Requirement for Alternative Treatment Units (ATU‟s) for all lots given that the

majority of the site contains moderately well drained loam and sands with

fair capability for special residential development.

Water supply via the installation of a water storage tank of no less than 92kl

capacity, with provision for a minimum roof catchment of 200m2.

Requirement for upgrading of Warham Road which is incorporated as a

Scheme provision.

Requirement for upgrading of the Warham Road/Mount Shadforth Road

intersection which is incorporated as a Scheme provision.

New access onto Mount Shadforth Road to be limited and new lots to gain

access via Warham Road (subject to compliance with 2.3 and 2.4 of Planning

for Bushfire Safety Guidelines).

Screening provided along Mount Shadforth Road.

All habitable buildings to comply with AS 3959.

Provision of 2 multipurpose (shared) access and emergency egress between

Warham Road and Kerr Close and between Warham Road (end of cul-de-

sac) and Mount Shadforth Road.

Water from the existing dams to gravity feed to a proposed standpipe on

Warham Road for fire fighting purposes.

Closure of portion of the un-made Warham Road reserve subject to the

requirements of the Land Administration Act 1997.

It should be noted that Council Resolution 060310 in relation to the SAR required the

following:

The preparation of a Fire Management Plan. In accordance with the Western

Australian Planning Commission‟s Planning for Bush Fire Protection Guidelines

(May 2010), a bush fire hazard assessment is required to be carried out at the

planning scheme amendment stage, with a Fire Management Plan required at

subdivision stage. Notwithstanding, Planning Services required the SGP and

special provisions to address the key principles of a Fire Management Plan.

Suitable arrangements being made with WAPC and Water Corporation for the

provision of potable water through reticulated water or alternative provision

through rainwater tanks to new lots created.

No evidence of discussion with WAPC and Water Corporation are provided for in the

amendment text. Although the report to Council in relation to the SAR provides


32

support for the use of rainwater harvesting and storage of potable supply as a

sustainable alternative to reticulated water supply, this support was specific to the

creation of Special Rural lots.

The Water Corporation has advised that the subject land is located within the Water

Corporation‟s Water Operating License Area and as per the Western Australian

Planning Commissions DC Policy 2.5 Special Residential Zones, reticulated water will

be required as a condition of subdivision approval.

Based on the matters set out above, the following modifications to the SGP and

proposed Scheme provisions are recommended:

Modify SGP to reference the following notations:

- Retention of crossovers onto Mount Shadforth Road only where it

provides access to existing development.

- All new lots to gain access off Warham Road (lot frontage).

- Restricted access onto Mount Shadforth Road for newly created lots for

emergency purposes only in order to comply with Element 2.3 Cul-de-

sacs of Planning for Bush Fire Protection Guidelines (May 2010). This

criterion requires a maximum length of 200 metres and where

emergency access is provided between cul-de-sac heads, maximum

length can be increased to 600 metres provided no more than 8 lots

are serviced.

- The upgrade of Warham Road to an urban road standard.

- The upgrade of the intersection of Mount Shadforth Road and Warham

Road.

- Reticulated water is available to the lots.

Modify Special Scheme Provisions as follows:

- Proposed provision regarding front and rear setbacks to indicate that

Warham Road is the frontage to all lots.

- Delete provision referring to “fencing, shelters for livestock and

structure incidental to Rural Living may be considered outside the

indicative Building Envelope shown on the SGP” as the objectives of

the Special Residential zone excludes rural living pursuits.

- Modify the provision regarding on-site disposal system to refer to

„Alternative Treatment Unit‟.

- Modify the provision regarding tree/shrub planting may be required

as a condition of development approval to “Council shall request the

WAPC to impose a condition at the time of subdivision for additional

tree/shrub planting for screening purposes along Mount Shadforth

Road.”

- Combine the 2 provisions regarding advice to prospective purchasers

into one provision.

Consultation:

In accordance with the Town Planning Regulations 1967, public advertising is

required to be undertaken for a minimum period of 42 days once the Environmental

Protection Authority have considered the Scheme Amendment.


Planning and Development Act 2005 – TPS No. 3 is an operative Local Planning

Scheme under this Act.

Town Planning Regulations – sets out the procedure for amending a Town

Planning Scheme.

Town Planning Scheme No. 3 – subject land is currently zoned “Rural”.




33


Fees associated with this Scheme Amendment have been paid as per Council‟s

2010/2011 Fees & Charges Schedule.


There are no known significant strategic implications relating to the report or the



Environmental:

The amendment incorporates the protection of the environmental features such as

the 30m setback of all development from Millars Creek, retention where possible of

remnant vegetation, use of ATU‟s on all new lots created and improved landscape

measures along Mount Shadforth Road.

Economic:

The development of the land will provide for settlement within close proximity to the

Denmark townsite and allow for the efficient use of land.

Social:

There are no known significant social considerations relating to the report or officer

recommendation.


Simple majority.

At the meeting held on the 19 April 2011, Cr Syme questioned whether a road

upgrading requirement would result in loss of vegetation and Cr Thornton queried if

reticulated water is available to the subject land given it is provided for on adjacent

properties.

The Director of Planning & Sustainability provides the following comments, amended

Officer Recommendation and advises that the comment section of the report has

been amended slightly to reflect.

As per Council‟s Guidelines for Development and Subdivision of Land (June

2008), rural residential road infrastructure is required to be provided to an urban

standard. Having regard to the characteristics of the road, an urban standard

reference in this instance would be a minimum 6.0m wide 2 coat sealed road with

mountable kerbs (the actual requirement for kerbing will be determined at the

subdivision design/construct stage). The Acting Director of Infrastructure

Services has advised that from a preliminary review of the area an open drain on

the high side of Warham Road will be required and that the road alignment may

result in the removal of some existing trees located within the road reserve – this

will be reviewed at the subdivision design/construct stage with the aim of

minimising impacts on existing vegetation whilst ensuring adequate road design.

Given that Council‟s Guidelines for Development and Subdivision of Land (June

2008) references urban road standards, it is considered that the wording as

currently provided for in the Officer‟s Recommendation is appropriate.

The Water Corporation has advised that the subject land is located within the

Water Corporation‟s Water Operating License Area and as per the Western

Australian Planning Commission‟s DC Policy 2.5: Special Residential Zones,

reticulated water will be required as a condition of subdivision approval.

On this basis the following amendments to the Officer‟s Recommendation are

recommended:


34

o Addition of Point 1 f) referencing the lots are to be connected to

reticulated water;

o Delete Point 2 vii) on the basis that reticulated water will be required; and

o Modify Point 2 viii) such that the reference to reticulated water is not

available is removed.

With regards to the reference about closure of portion of Warham Road road

reserve on the SGP, road closures are subject to the requirements of the Land

Administration Act 1997. In this regard generally when a road reserve is

proposed to be closed, the initial disposal process is via an equal split of the land

to each adjoining landowner unless there are circumstances in which it would be

appropriate to allocate differently (e.g. the purpose of closing the road is to

address building encroachment issues, a landowner does not wish to purchase

etc). The SGP has assumed that all of the Warham Road road reserve proposed to

be closed will be allocated to Pt Lot 356 and the current subdivision configuration

for three lots has been provided on that basis as well.

It should be noted that Council did resolve in April 2000 to support closure of the

Warham Road road reserve adjacent to Pt Lot 356 provided that an equivalent

area of land on the northern boundary of the property is given up and

incorporated into the southern side of the Mt Shadforth Road road reserve.

Having regard to Council‟s resolution, the owners at the time never proceeded

with the road closure request.

Given that a formal request to close portion of the Warham Road road reserve has

not been lodged with the Shire, a formal assessment on the road closure

component has not been undertaken by Planning & Infrastructure Services, there

is no evidence of consultation with the adjoining landowner‟s to determine their

position on the proposed road closure and/or future disposition of the land if the

road reserve is closed and that the proposed rezoning does not include the

portion of Warham Road road reserve, it is considered appropriate that an

additional notation be incorporated onto the SGP which clearly indicates that the

proposed subdivision layout is on the basis that the road closure process has

been finalised and the land has been amalgamated into adjoining Pt Lot 356, thus

the subdivision layout may alter depending on the outcome of the road closure

process.

FORMER OFFICER RECOMMENDATION ITEM 8.1.4

That Council with respect to the request to rezone lots bounded by Mt Shadforth

Road and Warham Road, Denmark:

1. Pursuant to Section 75 of the Planning and Development Act 2005 initiate Town

Planning Scheme No. 3 Amendment No. 122 subject to the applicant

undertaking the following modifications to the Scheme Amendment

documentation (including the Subdivision Guide Plan) to the satisfaction of the

Director of Planning & Sustainability:

a. Retention of crossovers onto Mount Shadforth Road only where it


b. All new lots to gain access off Warham Road (lot frontage).

c. Restricted access onto Mount Shadforth Road for newly created lots for





length can be increased to 600 metres provided no more than 8 lots are

serviced.

d. The upgrade of Warham Road to an urban road standard.

e. The upgrade of the intersection of Mount Shadforth Road and Warham

Road.


35

2. Amend Town Planning Scheme No. 3 by:

a. Rezoning 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road

and 68 (Lot 355) Warham Road, Denmark from the „Rural‟ zone to the

„Special Residential‟ zone.

b. Amending Appendix XIV – Special Residential Zone Provisions Relating

to Specified Areas, by including Special Residential Zone Area No. 15 as

follows:

Column 1 – Particulars of the Land

SRes 15 Warham Road Special Residential Zone

251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and

68 (Lot 355) Warham Road, Denmark

Column 2 – Proposed Uses

Permitted Use (P): Single House, Home Occupation

Permitted at Council‟s Discretion (AA): Cottage Industry, Home

Business

Column 3 – Special Provisions

i) The minimum size for new lots is 5000m2

ii) Subdivision shall generally be in accordance with the endorsed

Subdivision Guide Plan

iii) All buildings shall be located as follows:

8m from the Warham Road lot frontage;

10m from the rear of the lot/Mount Shadforth Road;

5m from the side of the lot; and

Development (excluding fences) to be setback 30m from

Millars Creek.

iv) No clearing of remnant vegetation shall occur except for:

Clearing to comply with the requirements of the Shire of

Denmark Annual Fire Regulation Notice;

Removal of trees that are diseased or dangerous;

Clearing required to establish/maintain a fuel reduced

Building Envelope;

Clearing to gain vehicular access to an approved

dwelling; or

Any other clearing which may be approved by the

Council.

v) If boundary fencing is utilised, it shall be of rural construction

such as pine posts/steel posts and strand to the satisfaction of

Council.

vi) On-site effluent disposal shall be the responsibility of the

individual landowner and shall involve the use of Alternative

Treatment Unit‟s approved by Council in accordance with Health

Department of WA regulations and guidelines.

vii) Provision of potable water shall be the responsibility of the

individual landowner at the time of development and shall

involve the installation of a water storage tank of no less than 92kl

capacity and provision of a minimum roof catchment of 200m2.

viii) Council shall request the WAPC to impose a conditions at the

subdivision stage requiring the subdivider to advise prospective

purchasers of land of the following:

Fire management guidelines and responsibilities; and

That reticulated water and sewer is not available.


36

ix) Council shall request the WAPC to impose a condition at the time

of subdivision for additional tree/shrub planting for screening

purposes along Mount Shadforth Road.

x) Council shall request the WAPC to impose a condition at the time

of subdivision for Warham Road to be upgraded to an urban road

standard.

xi) Council shall request the WAPC to impose a condition at the time

of subdivision for the intersection of Warham Road and Mount

Shadforth Road to be upgraded.

c. Amending the Scheme Maps accordingly.

3. Refer Town Planning Scheme No. 3 Scheme Amendment No. 122 to the

Environmental Protection Authority in accordance with Section 81 of the

Planning and Development Act 2005.

4. Determine that Town Planning Scheme No. 3 Amendment No. 122 is consistent

with the criteria listed under Section 25(2) of the Town Planning Regulations

1967 and resolve to proceed to advertising of the amendment for public

inspection after consideration by the Environmental Protection Authority.


















serviced.

d. The upgrade of Warham Road to an urban road standard, pursuant to

Council‟s Guidelines for Development & Subdivision.


Road.

f. The requirement for all lots to be connected to reticulated water.

g. The subdivision layout as currently provided for on Pt Lot 356 may alter

depending on the outcome of the road closure process.







follows:






37




Business










Millars Creek.






Building Envelope;


dwelling; or


Council.



Council.



Treatment Unit‟s approved by Council in accordance with

Health Department of WA regulations and guidelines.

vii) Council shall request the WAPC to impose a conditions at the

subdivision stage requiring the subdivider to advise

prospective purchasers of land of the following:


That sewer is not available.

viii) Council shall request the WAPC to impose a condition at the

time of subdivision for additional tree/shrub planting for

screening purposes along Mount Shadforth Road.

ix) Council shall request the WAPC to impose a condition at the

time of subdivision for Warham Road to be upgraded to an

urban road standard, pursuant to Council‟s Guidelines for

Development & Subdivision.

x) Council shall request the WAPC to impose a condition at the

time of subdivision for the intersection of Warham Road and

Mount Shadforth Road to be upgraded.










38


MOVED: CR BARNES SECONDED: CR PEDRO

6.09pm – Cr Richardson-Newton returned to the meeting.

















serviced.

d. The upgrade of Warham Road to an urban road standard, pursuant to

Council‟s Guidelines for Development & Subdivision.


Road.

f. The subdivision layout as currently provided for on Pt Lot 356 may alter








follows:








Business










Millars Creek.


39






Building Envelope;


dwelling; or


Council.



Council.









That sewer is not available.









time of subdivision for the intersection of Warham Road and

Mount Shadforth Road to be upgraded.









AMENDMENT

MOVED: CR RICHARDSON-NEWTON SECONDED: CR HINDS

1. The addition of a new part 2 xi) as follows;

“Provision of potable water shall be the responsibility of the individual

landowner at the time of development and shall involve the installation of a

water storage tank of no less than 92kl capacity and provision of a minimum

roof catchment of 200m2.”

2. Amend part 2 vii), second dot point, to read as follows;

“That sewer and reticulated water are not available.”


AMENDMENT

MOVED: CR SYME SECONDED: CR HINDS


40

1. That part 1 d) reads as follows;

“The upgrade of Warham Road to the satisfaction of the Council‟s Director of

Infrastructure Services.”

2. Part 2 ix) be amended to read as follows;

“Council shall request the WAPC to impose a condition at the time of

subdivision for Warham Road to be upgraded to the satisfaction of Council.”


AMENDED MOTION

















serviced.

d. The upgrade of Warham Road to the satisfaction of the Council‟s

Director of Infrastructure Services.


Road.

f. The subdivision layout as currently provided for on Pt Lot 356 may alter








follows:








Business










Millars Creek.


41






Building Envelope;


dwelling; or


Council.



Council.









That sewer and reticulated water are not available.









time of subdivision for Warham Road to be upgraded to the

satisfaction of Council.

xi) Provision of potable water shall be the responsibility of the

individual landowner at the time of development and shall

involve the installation of a water storage tank of no less than

92kl capacity and provision of a minimum roof catchment of

200m2.









THE AMENDED MOTION THEN BECAME THE SUBSTANTIVE MOTION AND WAS

PUT AND CARRIED: 12/0 Res: 160411

COUNCIL RESOLUTION

MOVED: CR HINDS SECONDED: CR RICHARDSON-NEWTON

1. That the meeting be adjourned for a short break, the time being 6.30pm.


6.37pm – The meeting resumed with all members and staff who were present prior to the

adjournment.


42

8.2 Director of Community & Regulatory Services

8.2.1 UNBUDGETED EXPENDITURE FEAST NOT FIRE NIGHT

File Ref: FIRE.1


Subject Land / Locality: Shire of Denmark


Date: 10 April 2011

Author: Gregg Harwood, Director of Community & Regulatory Services

Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services

Attachments: Yes

Summary:

This report discusses a request for Council to approve an out of budget contribution

of $4,000 towards the 2011 Volunteer Bush Fire Brigade end of fire season “Feast Not

Fire Night” function with commensurate funding of $4,000 from the 2010-2011 budget

allocation for the Control Burn Fuel Reduction Program.

Councillors may recall that the 2010/11 draft Budget did include a provision for a

Feast Not Fire night but in deliberations it was subsequently removed.

Background:

In 2010 the end of fire season “Feast Not Fire Night” function was reinstituted and a

$2,500 contribution was made towards the cost of running the event.

The night was attended by Bushfire Brigade and Town Volunteer Fire and Rescue

Members and received several donations from local companies (principally

wineries). Five Shire Administration Office staff also donated considerable amounts

of their time both on and before the night to make the event successful.

The overall cost per head of the event was $38.75 and the event was attended by 125

Volunteer Bush Fire Brigade Town Volunteer Fire and Rescue Members who paid to

attend and 13 dignitaries, including the CEO of FESA, attended free of charge.

The event was highly successful and gave a real morale boost to the both the

volunteers and their partners. It also helped to build relationships and cooperation

between brigades and show cased Council‟s capabilities as a hazard management

agency to FESA, who are the major funder of Council‟s activities in this area.

Comment:

In considering this request it is noted that this has been a year without major fires

however Fire Control Officers and active brigade members still contribute

significant amounts of time to the community through being available for call outs,

maintaining fire sheds, vehicles and equipment, attending morning radio schedules,

attending and providing training, issuing fire permits, educating community

members and at times assisting them with fuel reduction burns and participating in

Council‟s Control Burn Fuel Reduction Program.

In light of this level of community voluntary contribution, the Author believes it is

reasonable to request Council make a $4,000 contribution on behalf of the

community towards an event to thank them.

In considering this recommendation Councillors should note brigade members have

also been fundraising for the night and it is anticipated that around $2,000 will be

contributed from this source.


43

Consultation:

The Bush Fire Advisory Committee support the continuation of annual Feast Not Fire

Nights and have formed a working group to plan the 2011 function.


Specific Council approval is required for unbudgeted expenditure under the Local

Government Act 1995.


There are no policy implications associated with the officer report or the Officer

Recommendation.


The control burn program currently has a $35,000 budget allocation and is in a

position where it will have funds unused of approximately $5,000.

Given that volunteers conduct these burns at no cost to the community it is

reasonable that a thank you night for them be funded out of this cost centre.





Environmental:

There are no known environmental implications.

Economic:

As previously stated the “Feast Not Fire Night” boosts morale and helps to build

relationships and cooperation between bushfire brigades which in turn improves

their turn out times and cooperation on the fire ground which will reduce the

economic damage caused by wildfires.

Social:

The volunteer bushfire brigade network is one of several organisations in Denmark

that brings people together from communities across the Shire, regardless of their

backgrounds and generations. The “Feast Not Fire Night” is a reflection of this and is

a unique event in Denmark‟s social calendar.


Absolute majority.


That Council approve the conducting of a Feast Not Fire Night in May 2011 and

approve a variation to the budget as follows;

2. Increase operating expense account GL1510102 Other Expenses - Fire by

$4,000 from $6,700 to $10,700; and

3. Decrease operating expense account GL1515002 Reserves Fire Management &

Prevention Plan budget allocation by $2,000 from $35,000 to $33,000;

4. Increase operating income account GL1417503 Governance Reimbursements

by $2,000 from $100 to $2,100, resulting in a nil net change to the predicted end

of year position.


44


MOVED: CR LAING SECONDED: CR WAKKA

That Council approve the conducting of a Feast Not Fire Night in 2011 and approve

a variation to the budget as follows;

1. Increase operating expense account GL1510102 Other Expenses - Fire by

$4,000 from $6,700 to $10,700; and

2. Decrease operating expense account GL1515002 Reserves Fire Management &

Prevention Plan budget allocation by $2,000 from $35,000 to $33,000;

3. Increase operating income account GL1417503 Governance Reimbursements

by $2,000 from $100 to $2,100, resulting in a nil net change to the predicted end

of year position.


REASONS FOR CHANGE

Council removed reference to May to permit flexibility.

8.2.2 COMMUTER CARPARK/ VEHICLE SALE/GROWER’S MARKET SPACE

File Ref: A3032


Subject Land / Locality: Shire of Denmark Administration Office, 953 South Coast Highway

Denmark


Date: 10 April 2011



Attachments: No

Summary:

This report discusses the benefits of establishing a dual use commuter‟s car park in

front of the existing employee parking at the Shire of Denmark‟s Administration

Centre that will double as a weekend vehicle sale space and possible grower‟s

market space and recommends that Council grant approval for the construction of a

dual use car park in this location.

Background:

In its 2010-2011 budget Council included an allocation of $15,000, funded from the

Voluntary Environmental Sustainability Levy from 2009/10, for the construction a

commuter park and it has been suggested by the Chief Executive Officer that the car

park be constructed at Council‟s Administration complex.

The proposal has been referred to Council‟s Infrastructure Services team and they

have estimated that a 300m2 car park including the associated entrances and exits

can be constructed, drained, sealed and kerbed for $15,000. This area would be

sufficient for 11 cars and one universal access parking bay.

Comment:

Given the large numbers of people that commute from Denmark to Albany for

employment there is a strong case to be made for establishing a commuter car park

in the interests of vehicle safety and infrastructure wear (less cars on the road means

less asphalt and sub base wear), fuel usage, emission savings and cost savings to

commuting residents (4 people car pooling cut their commuting cost to 25%) as well

as preserving the general amenity of East Denmark residents through a reduced

number of vehicles on South Coast Highway during peak periods.


45

While the vehicle related benefits of a commuter car park have been discussed often

enough, the wider community benefits that could be achieved by locating a car park

in a location where it can be used as a controlled weekend trading space has not

been considered.

Currently Council has five issues that could be addressed through the construction of

a multi usage commuter car park in front of the administration building.

1) Provision of a convenient relatively secure parking area for car pool commuter‟s

cars.

The Shire Administration Centre is ideally located for commuters travelling to

Albany and Mount Barker and will be relatively secure given that it is located

directly in front of the Shire office and under the general observation of staff and

customers who come in and out the Administration Centre.

2) Vehicles are currently being displayed for sale at three or more locations around

Denmark‟s built up areas and the periodic vandalism of cars is occurring.

The impromptu displaying of vehicles for sale in public areas tend to quickly get

out of hand becoming untidy and eventually becomes a road safety issue through

vehicles obscuring sight lines.

The practice is currently being tolerated on the future supermarket site at the

corner of South Coast Highway and Hardy Rd but this area will cease to be

available when this development is commenced. Once this happens the ad hoc

display of cars in appropriate locations will become a problem if an alternative

location is not identified. The provision of a sanctioned weekend display area will

greatly assist Council‟s Rangers in dealing with inappropriately displayed cars.

The other problem that is associated with displaying vehicles in the Hardy Rd

area is that imported vehicles periodically get vandalised. It is anticipated that

this would be less likely to occur if a parking area was established in front of the

Shire office.

3) There is a need for extra parking at the Administration Centre for large events

and its function as an Emergency Management Centre.

Periodically, large events place pressure on the availability of parking at the

Shire office and the construction of additional parking will ease this pressure.

4) The provision of space for a future growers market.

While the establishment of growers market would be the subject of a further

report that would involve consultation with the Denmark Chambers of

Commerce, the Denmark Arts Council and community members (who have

previously expressed an interest in the idea) it would be advantageous if Council

could while it is creating a solution for commuter parking also create an

opportunity for the establishment of a growers market and vehicle sales area.

The creation of such a market provides a controlled outlet for surplus locally

grown fruit and vegetables as well as locally produced crafts and would add to

Denmark‟s atmosphere as a tourist village. While such a market may eventually

relocate at an alternate location such as the old hospital grounds or Anne

Harrison Park, using a commuter car park at the Shire Office would be a good

option for getting such a market off the ground.

5) The provision of space for vehicle based traders so that they are not trading in

directly competition (in close proximity to) businesses in the CBD.


46

One of the difficulties that Council staff experience in dealing with vehicle based

trading applications is that they invariably want to trade in the CBD which usually

puts them into direct and unequal completion with businesses operating out of

fixed premises. The establishment of week day commuter car park and weekend

trading area that is out of the CBD will provide Council with a suitable alternative

for these traders.

Given that the preceding discussion it is clear that the establishment of a dual use

commuter‟s car park, weekend vehicle sale and possible grower‟s market/ trading

space at the Shire of Denmark Administration Office is a reasonable proposal that

will benefit the community and approval is recommended.

Consultation:

Community consultation has not been undertaken regarding this proposal as it will

not affect adjoining property owners.


Council has the power to control activities on its land under Council‟s local laws.




A $15,000 budget allocation has already been made for the construction of a

commuter car park and the proposed car park will be built within this constraint.

In the longer term if additional car bays are required for either additional car

parking for staff, administration office customers or commuters, the car park can

easily be extended or adapted depending upon the mix on demand.





Environmental:

Car pooling significantly reduces the environmental impact of commuting through

reduced carbon emissions and vehicle replacement/wear.

Economic:

Denmark‟s role as a dormitory suburb for workers who then commute to Albany or

Mount Barker plays a significant part of the Denmark community‟s income stream.

Any initiative that assists Denmark residents to commute more efficiently assists

Denmark‟s economy.

Social:

One of the memorable quotes Rupert Murdoch‟s 2008 Boyer Lectures – "A Golden

Age of Freedom" is the best way to improve the social situation of individuals and

community is give them opportunity to participate in economic growth.

Creating a space for both a commuter car park and a weekend trading space is a

step towards achieving this.


Simple majority.


47


That Council with respect to a proposed commuter & vehicle sale car park;

1. Approve the construction of a dual use commuter‟s car park in front of the

existing employee parking area at the Shire of Denmark Administration Centre

and that this car park be made available free of charge on Saturdays and

Sundays for usage as a private vehicles for sale display area and a possible

grower‟s market/weekend trading space.

2. Authorise the Director of Community and Regulatory Services to consult with

the Denmark Chamber of Commerce, the Denmark Arts Council and

community members, who have recently expressed an interest to Council,

regarding the establishment of a possible grower‟s market/weekend trading

space in the Shire of Denmark Administration centre commuter car park.

Information for Councillors from Cr Thornton

The President and Committee of the Denmark Country Club support the proposal as

the car park will be beneficial to the Country Club as an overflow car park during

major events.


MOVED: CR THORNTON SECONDED: CR RICHARDSON-NEWTON

That Council make a written submission to the Denmark Country Club outlining a

request to extend the current Information Bay into Reserve 22886, subject to the

consent of Main Roads WA by;

1. Creating a long term commuter car park; and

2. Creating the possible dual use of a “private vehicles for sale” display area.

PROCEDURAL MOTION

MOVED: CR SAMPSON SECONDED: CR BARROW

That the motion now be put.


THE MOTION WAS THEN PUT & CARRIED: 11/1 Res: 200411

REASONS FOR CHANGE

Council believed that extending the existing Information Bay would be more

aesthetic and beneficial than creating an additional car park in front of the Shire

Administration Centre.


MOVED: CR SYME

That resolution 200411 be rescinded.

Four Councillors indicated their support for the Council to consider the proposed rescission

motion.

Cr Syme withdrew his rescission motion.


48

8.2.3 PEACEFUL BAY WATER SUPPLY TANKS

File Ref: A3104


Subject Land / Locality: Peaceful Bay Lease Hold Area Non Potable Water Supply


Date: 10 April 2011



Attachments: Yes

Summary:

This report discusses and recommends that Council accept a 2010 Dry Season

Assistance Scheme grant of $15,000 for the purchase of two water tanks for the non

potable water supply at Peaceful Bay approve a $6,000 out of budget allocation for

installation of these tanks.

The report also recommends that the $6,000 required to cover the costs of the

installation be transferred from Council‟s 2010-2011 budget provision for fighting

wildfires which is currently unspent due to a fortunate absence of wildfires over the

summer period.

Background:

In November 2010 the Director of Community and Regulatory Services recognised

an opportunity to apply for Dry Season Funding (acquittal form attached) that the

State Government had made available for the installation of water tanks to assist with

emergency farmland water carting and fire fighting purposes.

A successful application was made to the Department of Agriculture and Food for two

water tanks for the Peaceful Bay non potable water supply and Council now has the

opportunity to accept up to $7,500 per tank for two water tanks on the basis that it

installs and plumbs the tanks at its own cost.

The grant must be acquitted by the 31 of May 2011 and the $7,500 per tank grant

which will enable Council to purchase colourbond steel tanks with food grade

polypropylene liners in the 70-110,000 gallon range depending on what capacities

various manufacture have on special at the time the order is placed.

It is proposed to install one tank as an additional header tank on the hill and to install

the other on the site of the existing fibreglass fire fighting water tank between Fourth

and Fifth Avenue. In is intended to relocate the fibreglass tank to the cul-de-sac head

of Fifth Avenue where the non potable supply water pressure is poor and there is an

elevated risk of bush fire attack.

All three tank sites can be prepared with minimal clearing of vegetation and site

works meaning that the project is in effect „shovel ready‟ and can be completed by

the 31 May 2011.

Comment:

The reason why Peaceful Bay non potable water supply was selected is that it storage

tanks under peak usage only have sufficient capacity to supply the settlement for 4 -

8 hours of normal usage in the event that both pumps fail or there a sustained power

cut.

Up until the summer of 2007, when the Council staff commenced educating

leaseholders regarding water usage and imposed summer day time sprinkler bans,

the supply regularly ran low and at times actually ran out as a result of the lagoon


49

being pumped dry. This last occurred on New Year‟s Eve 2006-2007 and resulted in

Council paying a plumber to door knock the settlement and ask 60 leaseholders to

turn off their sprinklers.

In addition to the current limited storage capacity the water supply is also vulnerable

due to its reliance on gravity water tanks meaning that damage to one part of the

supply means that the entire supply must be turned off while the damaged area is

repaired. Events such as a hydrant being torn off at ground level has the potential to

cause the supply to lose its entire storage capacity.

This vulnerability has been highlighted by two events that have occurred in the last

18 months. The first event occurred in January 2011 when a branch line in First

Avenue that failed under peak season traffic loads as a result of being punctured by

star pickets a few months before that been used to hold bunting on a recently

bituminised driveway. The second event occurred during winter of 2010 when

backhoe that was being used at the bushfire brigade shed rolled away and took the

shed‟s hydrant off at ground level emptying the supply.

The installation of additional tanks that will increase the supplies storage capacity

from 4-8 hours to 1-2 days and this increased capacity will ensure that there is

sufficient capacity to fight fires and run the settlement in the event of a sustained

power outage which is a very real scenario if there is a fire in the area.

The location of a large tank between Fourth and Fifth also has an additional benefit in

that this tank can eventually be fitted with a pressure pump enabling it to provide

improved pressure to Fifth Avenue residents. The fitting of a pump to this tank will

also give the ability to still supply the settlement water in the event of problem with

the gravity supply or a burst main on the other side of the settlement.

The installation of the tanks will also assist Council in meeting service customer

service obligations under its Economic Regulatory Authority Licence for the supply.

Consultation:

The Peaceful Bay Progress Association has been consulted and they have advised

that they support the installation of the new tanks and the relocation of the existing

tank to the Fifth Avenue cul-de-sac.


Specific Council approval is required for unbudgeted expenditure under the Local

Government Act 1995.


Delegation D040223 states:

The Chief Executive Officer is delegated authority to make submissions for grants and/or

subsidies from State and Commonwealth Governments without prior approval of Council.

In exercising this delegated authority the following conditions shall be observed:

1. The grant/subsidy shall not be accepted without Council‟s endorsement.

2. The undertaking is to be in accordance with Council‟s established strategic

objectives.


Council budget allocation for fighting wildfires is largely unused due to a low

number of wildfires and it is proposed to allocate $6,000 from this account.





50


Environmental:

There are minor environmental implications as indicated under the background

section of the report.

Economic:

There are no known significant economic implications relating to the report or the


Social:

There are no known significant social implications relating to the report or the officer

recommendation.


Absolute majority.


That Council;

1. Accept the 2010 Dry Season Assistance Scheme grant of $15,000 (plus GST) for

the purchase of two water tanks for the non potable water supply at Peaceful

Bay, that has been offered by the Department of Agriculture and Food; and

2. Approve a budget variation as follows;

a) Decrease operating expenditure account GL1510322 Fire Fighting

Expenses by $6,000 from $10,000 to $4,000;

b) Create a new operating income account entitled Grants & Subsidies with a

budget of $15,000;

a) Create a new capital expenditure account entitled Water Tanks with a

budget of $21,000, noting a nil net impact on the predicted end of year

position at 30 June 2011.


8.3 Director of Infrastructure Services

8.3.1 PEACEFUL BAY FINGER JETTY INVESTIGATIVE STUDY

File Ref: GRT.94


Subject Land / Locality: 1423 Peaceful Bay Road


Date: 11 April 2011

Author: Sharon Bracknell, Engineering Administration Officer

Authorising Officer: Bruce Smith, Acting Director of Infrastructure Services

Attachments: Yes

Summary:

This report recommends the appointment of Coffey Environments to undertake an

Investigative Study for the proposed Peaceful Bay Finger Jetty and authorising a

budget amendment for an additional Council contribution of $6,290.

Background:

Council has been successful in obtaining grant funding through the Department of

Transport Regional Boating Facilities Scheme which was originally for $42,000.

Transport has since approved an increase to the funding amount for a total

contribution of $60,870 as per the attached letter. Council originally agreed to

contribute $14,000 as per Council resolution 130910.


51

Should the submission by Coffey Environments be accepted a further $6,290 would

be required for a total contribution by Council of $20,290.

In progressing the project, two submissions were received on closure of the

advertising period. Both exceed the estimated project cost, with the submission from

Coffey Environments for $81,160 and from GHD for $96,578.

Comment:

It is noted that Coffey Environments do not include a detailed boat parking plan nor

detailed cost estimates for construction of the jetty.

It is deemed that these items can be conducted in house with a detailed parking plan

to be completed by Engineering Technical Staff and expressions of interest/quotes

to be called for cost estimates.

Consultation:

Department of Transport.

Peaceful Bay Progress Association representatives.

Peaceful Bay Sea Rescue Group.


There are no statutory obligations.




Council at its ordinary meeting in September 2010 approved a budget variation of

$14,000 (as per resolution 130910) to the Department of Transport grant funds.

Further unbudgeted expenditure of $6,290 for a total contribution by Council of

$20,290, is required to complete the Project.

It is recommended that Council find this additional $6,290 from savings under

Infrastructure Services Consultancies, budget line 1430702.





Environmental:



Economic:



Social:


recommendation.


Absolute majority.

At the meeting held on the 19 April 2011, Cr Sampson asked what exactly Coffey

Environments would be providing in the Study.


52

The Chief Executive Officer has provided a copy of Coffey Environments‟ quote to

Councillors with their Agenda.


That with respect to the proposed Peaceful Bay Finger Jetty Investigative Study,

Council approve:

1. The appointment of Coffey Environments to undertake an Investigative Study

for the proposed Peaceful Bay Finger Jetty at a total cost of $81,159.50 (excl

GST).

2. A budget variation as follows;

a) Increase operating expenditure account GL1121032 Peaceful Bay Jetty

Study for the Study by $25,160 from $56,000 to $81,160;

b) Decrease operating expenditure account GL1430702 Infrastructure Service

Consultancy and Surveys by $6,290 from $ $10,000 to $3,710;

c) Increase operating income account GL1326633 Grant Peaceful Bay Jetty

Study by $18,870 from $42,000 to $60,870, noting a nil net impact on the

predicted end of year position at 30 June 2011.


MOVED: CR LAING SECONDED: CR RICHARDSON-NEWTON

That the item be deferred due to preliminary concerns in relation to vehicular and

pedestrian movements and the environmental constraints therein.


8.4 Director of Finance & Administration

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MARCH 2011

File Ref: FIN.1


Subject Land / Locality: Denmark


Date: 6 April 2011

Author: Garry Bird, Director of Finance and Administration

Authorising Officer: Garry Bird, Director of Finance And Administration

Attachments: Yes

Summary:

It is a requirement of the Local Government Act 1995 that monthly and quarterly

financial statements are presented to Council, in order to allow for proper control of

the Shire‟s finances. In addition, Council is required to review the Municipal Budget

on a six monthly basis to ensure that income and expenditure is in keeping with

budget forecasts. It should be noted that the budget is monitored on a monthly basis

in addition to the requirement for a six monthly review.

The attached financial statements and supporting information are presented for the

consideration of Elected Members and Council staff welcome enquiries in regards to

the information contained within these reports.

Background:

In order to prepare the attached financial statements, the following reconciliations

and financial procedures have been completed and verified;

• Reconciliation of all bank accounts.

• Reconciliation of the Rates Book, including outstanding debtors and the raising of

interim rates.


53

• Reconciliation of all assets and liabilities, including payroll, taxation and postal

services.

• Reconciliation of the Sundry Debtors and Creditors Ledger.

• Reconciliation of the Stock Ledger.

• Completion of all Works Costing transactions, including allocation of costs from

the Ledger to the various works chart of accounts.

Comment:

Trust and Restricted Funds have been invested for thirty days with the National Bank,

maturing 28 March 2011 at the quoted rate of 4.90%

Reserve Funds have been invested with Members Equity Bank, placed in an on call

cash account at the rate of 5.60%.

Surplus municipal funds ($894,274) have similarly been invested in the Members

Equity on call cash account; to take advantage of the excellent rate on offer and the

high liquidity aspect to this transaction i.e. funds are available immediately if so

required).

Key Financial Indicators at a Glance

The following comments and/or statements are provided to provide a brief summary

and/or assist in the interpretation and understanding of the attached Financial

Statement.

Based on financial commitments made since the adoption of the Budget, and

amendments made to the original budget at the February 2011 Council

Meeting, the 30 June 2011 end of year position is estimated to be a deficit of

$15,492 (Note 5).

Operating income is slightly higher than that predicted for 31 March 2011,

and expenditure is less than estimated (Statement of Financial Activity).

The 2010/11 Capital Works Program is proceeding well, with 50.09% of

expenditure completed, significantly higher than previous years (Statement of

Financial Activity).

Rates Collection percentage of 95.02% is in keeping with historical collection

rates (Note 6).

Transfers to and From Reserve are yet to be effected for the 2010/11 year,

with this task generally being undertaken in the second half of the year (Note

9).

Salaries and Wages expenditure is proceeding as per budget estimates (not

reported in Financial Statement)

Consultation:

Nil


Local Government Act 1995 Section 5.25 (1)

Local Government (Financial Management) Regulations 1996

The attached statements are prepared in accordance with the requirements of the

Local Government Act 1995.


Policy P040222 relates as follows;

P040222 MATERIAL VARIANCES IN BUDGET AND ACTUAL EXPENDITURE

For the purposes of Local Government (Financial Management) Regulation 34

regarding levels of variances for financial reporting, Council adopt a variance of 10% or


54

greater of the annual budget for each program area in the budget, as a level that

requires an explanation or report, with a minimum dollar variance of $5,000.

The material variance is calculated by comparing budget estimates to the end of month

actual amounts of expenditure, revenue and income to the end of the month to which

the financial statement relates.

This same figure is also to be used in the Annual Budget Review to be undertaken after

the first six months of the financial year to assess how the budget has progressed and to

estimate the end of the financial year position.


Other than the matters identified in the Budget vs Actual Variance Report, income

and expenditure is proceeding as per budget forecasts and the end of year position

should be as per that projected in the revised 2010/11 Municipal Budget end of year

position, assuming all projects proceed and are completed in this timeframe.





Environmental:



Economic:



Social:


recommendation.


Simple majority.

COUNCIL RESOLUITON & OFFICER RECOMMENDATION ITEM 8.4.1 MOVED: CR WAKKA SECONDED: CR SAMPSON

That with respect to Financial Statements for the month ending 31 March 2011,

Council; 1. Receive the financial report, incorporating the Statement of Financial Activity,

Adopted Budget Amendments and Variations Report and other supporting

documentation. 2. Endorse the Accounts for Payment as listed.



55



Cr Thornton resides within hearing distance of the Denmark Pistol Club and as a consequence

there may be a perception that his impartiality on this matter may be affected. Cr Thornton

declares that he will consider this matter on its merits and vote accordingly.

8.4.2 DENMARK PISTOL CLUB (INC) – LEASE OF RESERVE 36044

File Ref: A3167

Applicant / Proponent: Denmark Pistol Club Inc

Subject Land / Locality: 223 Churchill Rd, Denmark


Date: 5 April 2011

Author: Garry Bird, Director of Finance & Administration


Attachments: Yes

Summary:

The lease of Reserve 36044, 223 Churchill Rd Denmark, between the Shire of

Denmark and the Denmark Pistol Club Inc expired on 31 March 2011. This lease was

for a 21 year term provided at peppercorn ($1 per annum) rental.

It is proposed that further lease be entered into with the Pistol Club for the maximum

allowable term of 21 years, in accordance with the Management Order for the

Reserve.

Background:

The Pistol Club have occupied the site for 21 years (the term of the previous lease),

with the facilities located onsite being developed by club members, with assistance

from the Shire of Denmark and Department of Sport and Recreation. The following

buildings and facilities have been developed over the term of the previous lease by

the lessee;

Clubhouse Shed.

Range – Firing Shed.

Toilet and rainwater tank.

3 Firing Ranges (25m, 50m and 100m) and associated earth banks, and

Clearing and roadworks.

All maintenance requirements of the Reserve 36044 are undertaken by club

members, in accordance with the terms of the lease and there have been no

reported complaints regarding their occupation and use of the Reserve.

Comment:

The Draft Lease reflects the existing management and maintenance responsibilities

of both parties that were contained in previous leased agreements.

The Draft has been based on the pro-forma lease document for community groups

and modified where necessary to suit the specific requirements of this site. The main

changes to the pro-forma lease are summarised as follows;

(a) On the production of a receipt for payment of the Local Government rate assessment

notice in the financial year such levies and payment is made the Lessor shall reimburse

the Lessee an amount equal to land rates with the Lessee to meet the cost of ESL refuse

and interest (if any) charges showing on that notice.

(b) The Lessor‟s Principal Building Surveyor shall inspect the Leased Premises annually

in conjunction with the Lessee.


56

Given the Clubs association with the reserve and that there would appear to be no

immediate alternative use for the site, a new lease arrangement is recommended.


In accordance with the Management Order, Council can dispose of the property by

lease for a term of up to 21 years.

The Denmark Pistol Club Inc is exempt from requirements under the Local

Government Act 1995 for disposal of property.


Policy P110102 Leasing of Land and/or Buildings to Community Groups relates as

follows;

P110102 LEASING OF LAND AND/OR BUILDINGS TO COMMUNITY GROUPS

The following provisions of Policy P110102 relate;

With respect to community groups exclusively occupying, or seeking to exclusively

occupy, Council property or buildings;

a. There be a signed lease based on Councils standard „not for profit‟ lease prior to

occupation or upon renewal;

b. Council desires lessees to be incorporated (with the exception of Volunteer Bush

Fire brigades which are covered under the Bush Fires Act) (CEO addition

September 2008);

c. Contribution by Council towards legal costs (if required) by Council 100%;

d. Have differing rentals discounted to market valuation depending upon the following

factors;

i. To what degree the property is utilised for charitable, not for profit or sporting

purposes;

ii. The ability of the lessee to derive income from use of the property including

sub-leases, rental hire and the presence of a liquor license;

iii. The strategic value of the land in the short term to Council;

iv. To what degree if any that the use is competing with commercial enterprise;

e. Where the applied rental is lower than a valuation or real estate rental appraisal,

Council indicate that contra difference in its annual budget, for that property;

f. Offer local authority rate exemption rebate donation (rather than exemption

contra);

g. Offer Council insurance of the buildings and Council owned property / contents

without recoup of the annual premium and to encourage repairs and reinstatement

through insurance claims, Council will meet all bar the first $500 of any insurance

excess on claims;

h. All outgoings and consumable costs to be met by the lessee including but not

limited to water, sewer, gas, telephone, ESL, refuse charges, etc;

i. Lessees to meet all ongoing internal and external building and grounds

maintenance other than structural building repairs;

j. Leases require endorsement of Council prior to signing;

k. Have differing tenure and renewal rights and terms depending upon the strategic

future requirements for that land and or building(s) but based on a maximum of 21

years including any right of renewal (subject to the prevailing management order if

applicable);

l. The use of the property is consistent with the zoning and/or management order and

power to lease exists (if required).

n. Councils Principal Building Surveyor at least on an annual basis inspect all leased

buildings and land to ascertain their state of maintenance pursuant to the lease and

priority for future and long term maintenance in conjunction with the lessee.


57


There are no budget or financial implications arising from the proposed lease, with

all maintenance requirements of the Reserve the responsibility of the lessee.

The Reserve is non-rateable and the proposed rental income is $1.00 per annum, if

demanded.


There is no known alternative long term strategic use for the site.


Environmental:

There are no environmental implications arising from the proposed Lease.

Economic:

There are no economic implications arising from the proposed Lease.

Social:

The Denmark Pistol Club is a valuable community asset that provides a sporting and

social opportunity for pistol shooting enthusiasts. It is noted that local police also use

the range for shooting and target practice.


Simple majority.

At the meeting held on the 19 April 2011;

• Cr Thornton requested whether the lease could include reference to pistols only

as he had heard some rather loud gun fire which raised concerns whether the

persons using the facility were occasionally using firearms other than pistols; and

• Cr Barnes requested that the Lease specifically state that only pistols may be

fired.

The Director of Finance & Administration advises that further investigation was

undertaken with it being ascertained that the Denmark Pistol Club Inc are required

to obtain approval from WA Police to operate a firing range, which has been

obtained subject to adherence to the following conditions;

All shooting to be conducted “Down the Line”.

Handguns to .45 calibre.

Schedule 2 rifles loaded to handgun specification only.

SSAA shotgun events using up to 6 1/2 gauge.

Lead projectiles only. No jacketed ammunition to be used.

No shooting to be conducted on other ranges whilst this range is in use.

A copy of the correspondence received from WA Police is below for the information

of Elected Members.


58

In light of the above, it is recommended that the Draft Lease be amended to reflect

that the Denmark Pistol Club Inc is required to operate in accordance with all

conditions imposed by WA Police, in accordance with Section 21 (1) (a) of the

Firearms Act.


That Council agree to lease Reserve 36044 to the Denmark Pistol Club Inc for a

term of 21 years at an annual rental of $1.00 per annum, with all other terms and

conditions to be as per the attached Draft Lease.

A revised Officers Recommendation is provided below;


59


That Council agree to lease Reserve 36044 to the Denmark Pistol Club Inc for a

term of 21 years at an annual rental of $1.00 per annum, with other terms and

conditions to be as per the attached Draft Lease, subject to the following addition

as a “Special Condition” of the lease;

1. The Denmark Pistol Club must at all times operate in accordance with the

approval issued by WA Police to operate a firing range at the site, including all

conditions that may be imposed.


8.4.3 PROVISION OF SBS FM RADIO SERVICE

File Ref: SER.6, A575

Applicant / Proponent: Special Broadcasting Radio (SBS) Radio

Subject Land / Locality: A575 Weedon Hill Broadcasting Tower, Payne Rd Denmark.


Date: 10 April 2011

Author: Garry Bird, Director of Finance and Administration


Attachments: Yes

Summary:

Correspondence has been received from Special Broadcasting Service (SBS) Radio,

advising that a grant submitted to provide SBS radio services from the Weedon Hill

Broadcasting Tower had been successful.

The amount of the grant is $25,000 (plus GST) and will cover the full cost of the

project.

Approval of Council to accept the grant in accordance with Delegation D040223

Grants and Subsidies and an amendment to the Municipal Budget are both required

before the funding agreement can be signed and the project commence.

Background:

SBS provide a self help funding scheme to assist rural and remote areas access the

broad range of television and radio services available.

In discussing the provision of digital television services with N-Com, a company who

specialise in designing and installing digital and analogue broadcasting services,

the availability of this funding to provide SBS radio was brought to the Officers

attention.

Given the maximum grant of $25,000 (plus GST) was sufficient to cover the full cost of

installation ($23,735 plus GST, based on quote received from N-Com) it was

considered appropriate to submit a funding application.

Comment:

One additional multi-language FM radio service will be available to Denmark

residents, which contains news and music in a variety of foreign and indigenous

languages.

In addition, the installation of some equipment will assist in the transition to digital

television in 2013, providing a cost saving (estimated to be $6,300) at this time.


60

Application to the Australian Communications and Media Authority (ACMA) for the

license to broadcast the SBS radio services has been submitted, pending acceptance

of the grant by Council.

Consultation:

Nil.


Local Government Act 1995

Local Government (Financial Management) Regulations 1996


Council Delegation D040223 Grants and Subsidies relates as follows;

The Chief Executive Officer is delegated authority to make submissions for grants and/or

subsidies from State and Commonwealth Governments without prior approval of Council.

In exercising this delegated authority the following conditions shall be observed:

3. The grant/subsidy shall not be accepted without Council‟s endorsement.

4. The undertaking is to be in accordance with Council‟s established strategic

objectives.


If Council agrees to accept the grant, an amendment to the Municipal Budget will be

required to satisfy the provisions of the Local Government Act in regards to

unbudgeted expenditure. In effect, income and expenditure will be increased to

reflect the income received from the grant and the outlay of expenditure on the

project.

The net impact on the 2010/11 Municipal Budget will be nil.

Ongoing maintenance of the equipment will be minor and infrequent and normally

undertaken in conjunction with existing maintenance and repairs at the site.


There are no known strategic implications arising from the provision of the proposed

FM radio service.


Environmental:



Economic:



Social:

Access to SBS radio services will provide further choice of radio services to

residents, with the SBS service being renowned for programming of a multicultural

nature.


Absolute Majority.


61


That with respect to the approved grant for a Special Broadcasting Service Radio,

Council;

1. Agree to accept the funding to install SBS radio services at the existing Weedon

Hill Broadcasting Tower, and

2. Approve a budget variation as follows;

a) Create a new Capital Expenditure Account with a budget of $25,000;

b) Create a new income Account with a budget of $25,000, noting a nil net

impact on the predicted end of year position at 30 June 2011.




Cr Richardson-Newton is a member of Denmark Tourism Inc., Cr Barrow is a financial member

and Chair of Denmark Tourism Inc. and Cr Thornton is Council‟s Delegate to Denmark Tourism

Inc. and as a consequence there may be a perception that their impartiality on this matter may

be affected. Cr Richardson-Newton, Cr Thornton and Cr Barrow declare that they will consider

this matter on its merits and vote accordingly.

8.4.4 DENMARK TOURISM (INC) – SUB-LEASE OF RESERVE 48198

File Ref: A3167

Applicant / Proponent: Denmark Tourism Inc

Subject Land / Locality: Lot 3000 South Coast Highway, Denmark


Date: 12 April 2011

Author: Garry Bird, Director of Finance & Administration


Attachments: Yes

Summary:

Correspondence has been received from Denmark Tourism Inc (DTI) seeking

approval from Council to allow a sub-lease of two separate portions of the Denmark

Visitors Centre, in accordance with the provisions of the lease.

Denmark Tourism proposes to sub-lease the retail area at the Visitors Centre to

private enterprise with the aim of improving the financial operations and viability of

the Visitors Centre. A copy of the Expression of Interest document and lease area is

attached for the information of Elected Members.

Further a lease with Denmark Arts Inc and the Mill Group is proposed for the area

formerly leased (with the approval of Council) to Ms A Cartwright, for the purpose of

exhibiting local art.

Written Council approval is required to allow such both sub-lease arrangements and

as such the matter is presented to Council for formal consideration.

Background:

Reserve 48198 has been leased to DTI since 1 May 2007, with the lease due to expire

on 30 April 2012, with an option of a further five year term. In effect the lease expires

30 April 2017.

In regards to the retail area sub-lease, following a recent review of Visitors Centre

operations, the Board of DTI has resolved to seek expressions of interest from private

enterprise to operate the following activities from this area;


62

A tour desk where visitors can book tours etc with DTI members.

A hire desk.

General visitor information to complement the existing service provided by

Visitors Centre staff and volunteers.

Expressions of Interest have been invited from DTI members for the proposed space

and close 15 April 2011, so at this point in time the tenant of the sub-lease is

unknown. It is hoped that this information will be available by the Council Meeting.

The area proposed to be leased to Denmark Arts and The Mill Group is supported by

the Officer.

Council has previously approved a sub-lease to allow the Denmark Woodturners Inc

to operate out of the Visitors Centre and this request does not alter or impact on that

sub-lease

Comment:

The provisions of the lease in regards to sub-lease arrangements states “such

consent would not be unreasonably withheld by the Lessor”.

This provision restricts Council‟s ability to withhold such approval and would

obviously need to have strong reasons to do so.

The benefit of such an arrangement from the Visitors Centre perspective is that a

commercial lease fee will be paid by the private operator which will increase

income to DTI and by ceasing to operate the retail area, which is understood to

operate on ever decreasing returns, will save additional costs.

The amount of rental return for the proposed sub-leases is not yet known and will be

determined by the Expressions of Interest received.

All of these issues are able to be managed by DTI and to provide Council with the

confidence that Visitor Centre operations will not be unduly affected; approval of the

sub-lease could contain appropriate conditions to ensure the quality of service is

maintained.


Local Government Act 1995


There are no Policy implications.


The sub-leases may have an impact upon future budgets depending upon the

success and value of the lease by allowing Council to reduce its contribution to the

net operating shortfall of the Visitor Centre.


Tourism and visitor servicing are important strategic issues for the Shire of Denmark,

given the importance of tourism to the local economy.


Environmental:

There are no environmental implications arising from the proposed Leases.

Economic:

Tourism is generally considered to be the main economic driver for the Shire of

Denmark and the Lease and Service Agreement between the Shire of Denmark and

DTI underpin these activities within the Shire.

Social:

There are no social implications arising from the proposed sub-lease arrangements.


63


Simple majority.


That Council agree to the proposed sub-lease of the retail space at the Denmark

Visitors Centre, subject to the following conditions;

1. Full details of the proposed sub-lease be submitted to the Shire for approval by

the Shire President and Chief Executive Officer prior to signing, such details to

include lessee, term, a service agreement, lease/rental income and a copy of the

sub-lease document.

2. A Service Agreement between Denmark Tourism Inc. and the private operator

be submitted, pursuant to part 1, to protect visitor servicing arrangements and

establish set standards by which the private operator must undertake these

activities.

3. An independent valuation be obtained to establish the market value of the

proposed sub-lease area and that this valuation be the basis by which final lease

fees are negotiated with the sub-lessee.

4. The sub-lease to contain appropriate provisions to end the arrangement if

proven to be unsatisfactory from a visitor servicing viewpoint and failure by the

lessee to meet standards prescribed in the service agreement (see Condition 2

above).

At the meeting held on the 19 April 2011, the Director of Finance & Administration

advised Councillors that Denmark Tourism Inc had confirmed that the tour desk

would provide information and bookings of tours only not accommodation. Mr Bird

added that the Chief Executive Office of Denmark Tourism Inc. had asked whether

there could be an additional area for Denmark Arts & the Denmark Mill Art Group for

an art space and that he would include the request in the Agenda for next week‟s

meeting.

Cr Richardson-Newton requested that part 4 of the recommendation be removed,

given that it was an operational matter and that Councillors be provided with a copy

of the lease between Council and Denmark Tourism Inc for next week‟s meeting.

The Director of Finance & Administration provides the following amended Officer

Recommendation to reflect the additional information received and Cr Richardson-

Newton‟s concerns.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.4 MOVED: CR RICHARDSON-NEWTON SECONDED: CR EBBETT

That Council agree to the proposed sub-leases at the Denmark Visitors Centre,

subject to the following conditions; 1. Full details of the proposed sub-leases be submitted to the Shire for approval by

the Shire President and Chief Executive Officer prior to signing by

representatives of Denmark Tourism Inc, such details to include lessee, term, a

service agreement, lease/rental income and a copy of the sub-lease document. 2. An independent valuation be obtained to establish the market value of the

proposed sub-lease areas and that this valuation be the basis by which final

lease fees are negotiated with the sub-lessees.




64

8.5 Chief Executive Officer

The CEO announced through the Chair that he declares a financial interest in Item 8.5.1 in that

he is an employee whom the policy may relate to. The Chief Executive Officer advised that he

has considered this matter on its merits and will advise Council accordingly.

8.5.1 POLICY MANUAL REVIEW – POLICIES P130301 TO P140401

File Ref: ADMIN.2



Disclosure of Officer Interest: Mr Stewart declares and impartiality interest in that he is an

employee whom the policy may relate to.

Date: 11 April 2011



Attachments: No

Summary:

This report recommends amendments to Council‟s Policy Manual following

discussion by Councillors at a briefing session held in March 2011.

Background:

In March 2011 the following policies were reviewed by Councillors during a briefing

session, the highlighted Policy were flagged for amendment;

P130301 Guidelines for Temporary Accommodation

P130302 Building Statistics

P130601 Retail Trading Hours Exemption Order

P140101 Private Works Policy P140301 Staff - Protection from the Sun for Outdoor Work

(Repealed & Replaced 27 October 2009 – refer to Human Resources

Manual)

P140302 Occupational Safety & Health Policy

P140401 Council Tools & Equipment

Comment:

The Policies reviewed which were discussed as requiring referral to Councillor for

debate / consideration are detailed below together with comments and

recommendations from the author.

P140101 PRIVATE WORKS POLICY

Council not tender for private works and only undertake private works as approved

by the CEO or Director of Infrastructure Services in the following circumstances:

1. Direct requests from Government Departments.

2. For ratepayers where the value of works billed is likely to be under $500 and

does not detract from Councils normal works programming.

3. Direct requests from developers/individuals when local contractors either cannot

take the contract or are not invited to do so.

4. For sporting and local non-profit organisations.

5. Private Works only involves „wet hire‟ of plant and equipment.

6. Council employees are permitted to hire Councils Plant & Equipment for works

on their own property or minor private tasks subject to it not involving

commercial profit or gain. In these circumstances only duly trained personnel

shall operate the hired machinery and all cost of hire be charged at normal

adopted rates unless the hirer is also the trained operator. In such cases the

charge to apply will be the adopted Council hire fee less the operator‟s hourly

wage rate and overhead calculation.


65

AMENDED by Res: 230109 / 27 January 2009

Approximately 12 months ago, the Department of Local Government recommended

that the Policy be reviewed and staff not be allowed to hire plant under this basis,

following an investigation into a complaint about a member of staff by a ratepayer.

Councillors considered this request at its meeting held on the 24 August 2010 and

the following motion was lost 5/6 (Res. No. 070810).

“That Council, as a result of concerns express by ratepayers as to the perception of lack

of transparency of the existing practice of Council employees being able to hire

Council equipment and in supporting the recommendations of the Anti Corruption

Commission in 1997 (now known as the Corruption and Crime Commission of WA),

amend Policies P140101 Private Works and P140401 Council Tools and Equipment, as

follows;

1. Amend Part 6 of Policy P140101 such that it reads “Council employees are not

permitted to hire Councils Plant & Equipment for works.” and;

2. Delete Part 5 of Policy P140401.”

More recently and based on input from the March Briefing Session of Councillors the

CEO determined that the policy should be reviewed by Council with a view to cross

referencing it to Policy P140401 and potentially placing part 6 into Policy P140401

(Council Tools & Equipment) which states as follows;

P140401 COUNCIL TOOLS AND EQUIPMENT

1. Private use by Council employees of Councils tools and equipment not be

permitted under any circumstances.

2. All tools and equipment belonging to the Shire of Denmark be clearly marked to

identify ownership. (Note: This policy does not apply to consumable items such

as fence posts, nuts, bolts, sharpening files, drainage pipes, etc.).

3. Private use is defined as use by an employee on non work related tasks and is

intended to support the Councils Code of Conduct dealing with similar

provisions.

4. Council‟s tools and equipment is defined as small items of plant such as the asset

class known as „minor plant and equipment‟. Such things typically include

chainsaws, electrical tools and equipment, whipper snippers, mowers and the

like. Plant that is licensed and assets falling into the class of Motor Vehicles and

Major Equipment or Computer Equipment is not covered by this policy.

5. Nothing in this policy prevents a Council employee hiring equipment under the

Councils Private Works Policy.

ADDED by Res: 349/97 / 23 September 1997

AMENDED by Res: 230109 / 27 January 2009

Based on Councillor input from the last Briefing Session, the CEO determined that this

policy should also be reviewed by Council and cross referenced to Policy P140101.

Consultation:

Councillors and Directors.




Should Council agree to amend the policies as recommended then Council‟s Policy

Manual will be updated accordingly to reflect those changes.


There are no known financial implications upon the Council‟s current Budget or Plan

for the Future.


66





Environmental:



Economic:



Social:


recommendation.


Simple majority.



That with respect to Council‟s Policy Manual, Council; 1. Endorse without change Policies P130301, 130302, 130601, 140301 & 140302. 2. Amend Policy P140101 Private Works as follows;

a. Part 6 to read; “Council employees are permitted to hire Councils Plant &

Equipment for works on their own property or minor private tasks subject to

it not involving commercial profit or gain. In these circumstances only duly

trained personnel shall operate the hired machinery and all cost of hire be

charged at normal adopted rates unless the hirer is also the trained

operator. In such cases the charge to apply will be the adopted Council hire

fee less the standard hourly wage rate and overhead calculation of the

normal operators wage from which the charge out rate has been calculated. b. Add Part 7 which reads as follows; “Plant that is licensed and which are

assets falling into the class of „Motor Vehicles‟ and / or „Major Equipment‟ is

covered by this policy.” 3. Policy P140401 Council Tools and Equipment be amended such that part 5

read as follows; “Nothing in this policy prevents a Council employee hiring

Motor Vehicles and Major Equipment under the Councils Private Works Policy.”


MOVED: CR SAMPSON SECONDED: CR RICHARDSON-NEWTON

That with respect to Council‟s Policy Manual, Council; 1. Endorse without change Policies P130301, 130302, 130601, 140301 & 140302. 2. Amend Policy P140101 Private Works as follows;

a. Amend Part 6 to read that “Council employees are not permitted to hire

Council‟s plant and equipment for private works”.

b. Add Part 7 which reads as follows; “Plant that is licensed and which are

assets falling into the class of „Motor Vehicles‟ and / or „Major Equipment‟ is

covered by this policy.” 3. Amend Policy P140401 Council Tools and Equipment such that part 5 be

removed.

LOST: 4/8 Res: 240411


67

COUNCIL RESOLUTION ITEM 8.5.1 MOVED: CR LAING SECONDED: CR SYME

That with respect to Council‟s Policy Manual, Council;

1. Endorse without change Policies P130301, 130302, 130601, 140301 & 140302.

2. Request the Chief Executive Officer to review policies P140101 and P140401 in

consultation with Council‟s employees in light of current legal standards and

recommendations.

AMENDMENT

MOVED: CR BARNES SECONDED: CR PEDRO

That Policy P140302 be removed from part one of the motion and placed under

part 2.

7.27pm – Cr Sampson left the meeting.

7.28pm – Cr Sampson returned to the meeting.


AMENDED MOTION

That with respect to Council‟s Policy Manual, Council;

1. Endorse without change Policies P130301, 130302, 130601 & 140301.

2. Request the Chief Executive Officer to review policies P140101, P140302 and

P140401 in consultation with Council‟s employees in light of current legal

standards and recommendations.

THE AMENDED MOTION BECAME THE SUBSTANTIVE MOTION WHICH WAS

THEN PUT AND CARRIED: 12/0 Res: 260411

REASONS FOR CHANGE

Council wanted its employees consulted prior to making any changes to the

policies and wanted Council‟s Occupational Safety & Health Policy (P140302)

reviewed further.

8.5.2 DENMARK COTTAGE CRAFTS

File Ref: A3117

Applicant / Proponent: Denmark Cottage Crafts

Subject Land / Locality: Reserve 26026 / 41 Mitchell Street, Denmark


Date: 11 April 2011



Attachments: Yes

Summary:

The Denmark Cottage Crafts have presented a petition to Council containing 735

signatures supporting the following statement, “We, the undersigned call for The

Cottage Craft Shop to remain where it is, or to be within the Shopping Precinct.

Definitely not to be relocated outside the main retail area with other non retail

facilities.”

The Denmark Cottage Craft Committee has now sought Council‟s support to;

1. Save the Craft Shop.

2. For the Craft Shop to be left in its present location.

3. Or for the Shop to be relocated within the main Retail Precinct.

This report responds to the comments and a request of the petitioners.


68

Background:

The petition was presented to Council at its meeting held on the 22 March 2011 and

Council resolved as follows (Res. No. 110311);

“That Council request the Chief Executive Officer to prepare a report for Council‟s

consideration to the April 2011 Council meetings responding to the request of the

petitioners relating to the retention of the Denmark Cottage Craft building in Mitchell

Street, Denmark.”

The Denmark Cottage Crafts‟ President indicates that they began the petition after

being advised by staff that a question was to be included in the Shire of Denmark‟s

2011 Community Needs & Customer Satisfaction Survey on the long term options for

Council land and, in particular, the reserve on which the Denmark Cottage Craft

Shop is located.

Comment:

Craft Shop brief history – obtained from a report written by Mr Gordon Harris

The Denmark Cottage Crafts (formerly Denmark Cottage Industries) began in 1970

in a building on Strickland Street (where Dr James Surgery rooms are today). The

organisation moved to the corner of Strickland Street and South Coast Highway in

1972 (where the Denmark Video Shop is today). In 1975, Council granted the

organisation permission to relocate the old Carmarthen School building onto the

reserve, which is where the Denmark Cottage Craft Shop stands today. The building

was extended in the late 1970‟s and a second addition was added in 1990.

In October 2002, Council considered renewal of the Denmark Cottage Industries

Lease and subsequently resolved as follows;

„That portion of Reserve 26026 be leased to the Cottage Industry Group for the

period 1/1/2003 to 31/12/2003 only, at an annual rental of $540 as Council is

considering alternative long term uses for this portion of the reserve.”

Since the lease‟s expiry in 2003, the Group was allowed to continue its occupation on

the terms and conditions of their expired lease, on an annual basis.

In 2007, Council agreed to negotiate a new five year lease which included a „suitable

break clause should Council require its own use of the reserve‟.

Figure 1 - Reserve No. 26026

This break clause states;

“The Lessor may terminate this Lease by giving six (6) months‟ written notice to the

Lessee, notwithstanding that the Lessee is not in default and notwithstanding that the

term of the Lease or any further term has not expired. The Lessee may terminate this

Lease by giving three (3) months‟ written notice to the Lessor.”


69

In January 2011 the Community Needs and Customer Service Survey was sent to

1,000 randomly selected electors from the Shire of Denmark and included in that

Survey was a question directly relating to this site.

Below is a chart & a graph showing the questions asked and the responses. It is clear

from the results that, of the people surveyed; there is little support for either the

demolition of the Infant Health Clinic or the relocation of Denmark Cottage Crafts.

Common threads from the comments received (refer attached) also indicates that;

• There is opposition for the site being turned into a car park;

• There is opposition to the Denmark Cottage Crafts being located anywhere

outside of the CBD retail area, which is obviously also supported by the

petition and the overwhelming support for its retention in the CBD area by the

petitioners;

• There is a general acknowledgment of the need for additional car parking to

service the CBD, preferably on its perimeter;

• There was no strong sense of conviction for the retention of the former Infant

Health Clinic building as long as it wasn‟t replaced with a car park or a

commercial building.

Answer Options Strongly

Disagree Disagree Neutral Agree

Strongly

Agree Unsure

Response

Count

a) Demolition of the

Infant Health Clinic

building and

relocation of the

Denmark Cottage

Craft building to

either the Old

Hospital Heritage

Precinct or the

reserve opposite the

Rivermouth Caravan

Park (adjacent to

Lions Club / Spirit of

Play), to utilise the

site as a CBD Car

Park;

202 49 44 77 59 40 471

b) Demolition of the


building and

relocation of the

Denmark Cottage

Craft building to

either the Old

Hospital Heritage

Precinct or the

reserve opposite the

Rivermouth Caravan

Park (adjacent to

Lions Club / Spirit of

Play), to utilise the

site for

redevelopment

opportunities to

create commercial

buildings facing

Strickland St and a

public carpark to the

rear;

180 49 60 75 66 41 471

c) Retention of the


building and the

Denmark Cottage

Craft building, at their

current location.

83 52 86 47 144 59 471


70

Consultation:

Council included questions in the 2011 Community Needs and Customer Service

Survey for the expressed purpose of seeking community input on options for

Reserve 26026.




The Carmarthan Group School, Plane Tree and the former Infant Health Clinic are all

listed as being “considerable” heritage value on the Council‟s draft Municipal

Heritage Inventory 2010 (currently being advertised for public comment).

Copies of the place record forms, with respect to buildings on Reserve 26026, are

attached.

The Council‟s Town Planning Scheme No. 3 (Appendix XII) lists 61 properties in the

Schedule of Places of Heritage Value but only the Plane Tree & the RSL Memorial Hall

(adjacent to this reserve) are currently listed.


There are no known financial implications upon the Council‟s current Budget or Plan

for the Future.


For a number of years, Council has been exploring long term options for Reserves

26026 & 23631, comprising the existing Infant Health Clinic building, vacant land

adjacent to the RSL building and the Denmark Cottage Crafts building. Of recent

weeks the Denmark RSL has verbally advised Council Officers that they are

intending to submit an application to Council‟s Financial Assistance Grants round to

relocate the „gun‟ to the north east corner of the building and to install pine rail

fencing to their car park. They also indicated long term plans to further develop the

area to the north of their building for a combination of a car park and park.

Parking within the CBD has been a major concern for quite some time especially

during peak holiday periods where Denmark‟s resident population has been known

to increase by over threefold. Whilst it is not to say that the reserves could be better

utilised as a car park, it is essential for Council to consider the long term needs

within the CBD, including civic & retail requirements. With a long term sustained


71

population growth of around 2% per annum, Council services and facilities will need

to be adapted over time to reflect the changing dynamics of Denmark‟s economic,

social and environmental demands.

The question of long term options for use of the Denmark Cottage Craft building

should ideally be answered by concurrently determining the long term strategic use

options for the reserve upon which it and the former Infant Health Clinic are situated.

The reserve comprises 1,295sqm, zoned commercial and vested, by management

order, in the Shire of Denmark with power to lease for terms not greater than 10

years.

The reserve is at a key intersection of the Denmark townsite CBD but presently has

poor street frontage to Strickland Street as evidenced by the picture below.

The Officer is of the view that the civic precinct from the northern end of the

Denmark Co-operative building to the southern end of the RSL Memorial Hall, has

extremely poor pedestrian and retail connectivity with commercial activities on the

western side of Strickland Street. As a result, the traditionally accepted design

principles of an interactive and vibrant “Main Street” are not achieved. The Officer

refers to the below photos as further evidence of how the current streetscape is not

performing as to how it should.

Options for Council relating to the general long term use(s) of the reserve include;

• Reverting the former Infant Health Clinic to its former use (noting that the

Denmark Health Service currently perform this service out of the new Hospital)

• Converting the former Infant Health Clinic to other civic (mothers room, toy

library etc), community or commercial uses;

• Assuming the Denmark Arts Council eventually relocate from the former Infant

Health Clinic to the Old Hospital (Lodge), and it is Council's preference to

demolish the building at that time;

o a car park, and or;


72

o development of an attractive community space linking the streetscape,

RSL Building and civic buildings including the example of a community

„Art Park‟, perhaps using percent for art contributions from commercial

developments under the recently adopted Local Planning Policy.

• Potential, albeit limited, for the Group building to be repositioned on the site to

provide more functional space and better addressing street frontages.

• Potential to relocate the Group building to other locations within the Shire which

may include community use sites such as the Heritage Railway Precinct or the old

Hospital Heritage Precinct;

• Consultation with the Denmark RSL, Denmark Cottage Crafts and possibly

Denmark Arts (if they are to remain at this location) in a potential concept plan for

better engagement of the precinct with Strickland Street;

• Retention of the historic Plane Tree, noting this was never touted as being

removed;

• The status quo and retain one or both of the buildings on site unchanged;

• A combination of the above.

This notwithstanding, it is the Author‟s view that there is no current urgency to

change the use of the site however; it would be reasonable for Council to assess the

most strategic use for the reserve when/if the former Infant Health Clinic becomes

vacant.


Environmental:



Economic:



Social:

The petition contains a mixture of signatures from local residents and visitors outside

of Denmark who would like to see the Denmark Craft Shop either remain where it is

or, if required to be relocated, moved within the shopping precinct. Information

provided by the Denmark Cottage Crafts indicates that they have approximately 50

local suppliers, of the older age group, who rely on their crafts for an interest and

hobby in later life and a small earning to supplement their pensions.


Simple majority.


73


That with respect to Reserve 26026 and the Petition received from the Denmark

Cottage Crafts Inc, Council;

1. Receive the Petition of 735 signatures and note the comments;

2. Note that the Petition and results of the 2011 Community Needs & Customer

Satisfaction Survey will be taken into consideration should Council consider

any future alternate use(s) of Reserve 26026;

3. Note that the Lease between Council and the Denmark Cottage Crafts Inc. for a

portion of the Reserve 26026 is current until the 1 January 2013, at which time

Council will determine its renewal;

4. Revisit options with respect to the former Infant Health Clinic building should

Denmark Arts Inc. vacate the building;

5. Authorise the CEO to enter into discussions with Denmark Cottage Crafts Inc.,

Denmark Arts Inc. and the Denmark RSL Inc. regarding the concept of a

community Art Park which incorporates Reserves 26026 & 23631 and better

integrates with the streetscape; and

6. Confirm that it has no intention to remove the historic Plane Tree.


8.5.3 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

File Ref: GOV.32

Applicant / Proponent: ALGA



Date: 12 April 2011



Attachments: Yes

Summary:

The Western Australian Local Government Association (WALGA) has requested

Council support a resolution requesting the Federal Government to conduct a

referendum to recognise local government in the Australian Constitution proposed

by the Australian Local Government Association (ALGA).

Background:

On 24 March 2011, WALGA President, Mayor Troy Pickard, wrote to Council and

requested that Council:

• Support the ALGA campaign for the Constitutional recognition of local

government;

• Call on the Federal Government to conduct a referendum to achieve the

Constitutional recognition of local government at the 2013 federal election;

• Develop a local level campaign, in support of the national campaign, to inform

the local community and garner its support;

• Acknowledge that funding implications need to be considered as part of the

ongoing financial planning process.

Copies of the correspondence from ALGA and WALGA are attached.

Local Government Associations in Australia have had long standing policies of

wanting to be recognised in the Australian Constitution. What is not so widely

agreed, understood or defined is what form that Constitutional Recognition should

take.

• Should recognition be simply symbolic?


74

• Should impose certain funding obligations on the Commonwealth?

• Should it protect Local Government from forced structural change?

• Do Councils have other expectations from Constitutional Recognition?

The Gillard Government has promised a new referendum on the question of

Constitutional Recognition for Local Government, therefore the Australian Local

Government Association (ALGA) will be endeavouring to put some clarity around

this issue and draw together a nationally consistent position with the assistance of

State and Territory Associations.

During 2008 the Australian Local Government Association (ALGA) initiated a

strategic approach aimed at securing a referendum which involved:

• some initial resource materials to assist Local Governments to conduct a

conversation at the local level on the need for Constitutional recognition

• Zone or region level discussions, where appropriate, based on WALGA agenda

items

• Statewide forum to determine a State Local Government position (resolved at

Local Government Convention)

• A national experts forum a National Constitution Summit (Melbourne December

2008).

In 2009/10 ALGA focused advocacy around national political forums, political parties

and key influential academics, while State Associations built up state profiling

campaigns to improve the image and perception of their local government

jurisdictions.

The ALGA Board further refined the national position in 2010 to focus specifically on

financial recognition and the WALGA position was also aligned to this focus.

ALGA‟s position is that:

• The Federal Government has committed to a referendum on Constitutional

recognition for Local Government, likely to be held in conjunction with the 2013

election.

• A national position was developed at the Local Government Constitutional

Summit to be held in Melbourne in December 2008, and has been refined by the

Australian Local Government Association (ALGA) Board to focus the referendum

on financial recognition.

• ALGA has requested that all Local Governments formally resolve to support the

conduct of the referendum.

Council last considered the matter at its meeting of 27 May 2008 and resolved as

follows (Res. No. 250508);

“That with respect to Constitutional Recognition of Local Government Council support

the principle in the form of institutional & financial recognition as follows;

1. An acceptance of some principles relating to the existence and continuation of local

government as an institution and local councils as democratic representative bodies

(Institutional Recognition);

2. A streamlined approach to local government funding resulting from a more direct

financial connection between local government and the Commonwealth

Government (Financial Recognition).”

Comment:

Council can either support, or not, the WALGA request.

Consultation:

No public consultation has been conducted in response to this request and it is

deemed by the author as not being required.


75




There are no Council policy implications.


There are potentially indirect long term financial implications for Council in terms of

greater linkages to GST revenue sharing arrangements, Federal Government Grants

Commission and possibly others. It is not intended that staff undertake any lobbying

or activity on the issue other than writing to the media, local and federal

parliamentarians, ALGA and WALGA. Therefore the costs and time involvement will

be minimal and only administrative in nature.





Environmental:



Economic:



Social:

There are no known significant economic considerations relating to the question of

whether Constitutional Recognition is achieved or not.

The core question arguably of Local Government recognition is the Federal

Constitution, goes to democracy at the lowest level - grass roots! Constitutional

Recognition means the States cannot arbitrarily determine the fate of a Local

Government or Local Government in general. Then the question of Council on

behalf of its constituents is would our residents ratepayers be better served

"democratically' if Council did or didn't exist? If the Council & community believed

this was a matter for the State Government of the day then it should not support

Constitutional Recognition. If it believes the answer is that the Shire of Denmark's

interests would be better served by Constitutional Recognition, then it should

support it in some form.


Simple majority.


MOVED: CR EBBETT SECONDED: CR RICHARDSON-NEWTON

That Council support the Australian Local Government Association and Western

Australian Local Government Association policies that there should be a national

referendum on the issue of constitutional recognition for local government and

resolves as follows;

“The Shire of Denmark declares its support for financial recognition of local

government in the Australian Constitution so that the Federal Government has the

power to fund local government directly and also for inclusion of local government

in any new Preamble to the Constitution if one is proposed, and calls on political

parties to support a referendum by 2013 to change the Constitution to achieve this

recognition.”



76



Cr Richardson-Newton is a member of the Denmark Village Theatre and the Denmark Over 50s

Association and as a consequence there may be a perception that his impartiality on this matter

may be affected.

Cr Barnes is a member of the Denmark Over 50s Association and as a consequence there may

be a perception that his impartiality on this matter may be affected.

Cr Syme is a member of the Denmark Environment Centre. Some of the identified future

tenants of the Old Hospital are either existing or potential future tenants of the Denmark

Environment Centre and as a consequence there may be a perception that his impartiality on

this matter may be affected.

Cr Pedro is a member of the Denmark Environment Centre. Some of the future tenants of the

Old Hospital are current or potential tenants of the Denmark Environment Centre and as a

consequence there may be a perception that her impartiality on this matter may be affected.

Cr Hinds is a member of the Denmark Over 50s Association and as a consequence there may

be a perception that his impartiality on this matter may be affected.

Cr Richardson-Newton, Cr Barnes, Cr Syme, Cr Pedro & Cr Hinds have declared that they will

consider this matter on its merits and vote accordingly.

8.5.4 OLD HOSPITAL SITE - ADAPTIVE REUSE STUDY

File Ref: A3048 & A3020

Applicant / Proponent: Old Hospital Buildings Working Group (OHBWG)

Subject Land / Locality: Old Hospital Site – Reserves 18587 & 45623


Date: 4 April 2011



Attachments: Yes

Summary:

This report recommends that Council adopt the Heritage Architect‟s Adaptive Reuse

Study with respect to the former Denmark Hospital and former Frail Aged Lodge.

Background:

At its meeting held on the 25 January 2011 Council resolved (Res. No. 340111) as

follows;

“That Council receive the Adaptive Reuse Plan with respect to the former Denmark

Hospital and Frail Aged Lodge Buildings and invite written public comment on it

through the Denmark Bulletin for a period of 35 days and by writing to every community

group in the Shire.”

Comment:

Advertising commenced on the 17 February 2011, with letters being sent to every

community group within the Shire, and public submissions closed on the 25 March

2011. Submissions received included;

1. A letter from a resident;

2. Comment from from a Councillor;

3. Request from the Denmark Dog Club for meeting space; and

4. A letter of support from Denmark Arts Inc.


77

The letter from the resident states that the Denmark Association for the Care of the

Frail, Aged and Disabled Inc. were instrumental in arranging funding for the

building of the lodge and its operation until it was handed over the the Health

Service in 1998. Fundraising for the building was undertaken from 1983 to 1989, in

the form of subscriptions, donations, cattle sales, stalls and buy a brick campaign

and managed to raise $107,000. Government and Lotteries Commission grants

totalling $236,000 were obtained and from 1989 to 1998 donations and subscriptions

exceeded $71,000. The Denmark Association for the Care of the Frail, Aged and

Disabled Inc. wound up in 1999 and handed over their remaining funds of $30,000 to

the Health Service on the understanding that it would be used for hostel amenities.

The author of the letter also notes that “there was also considerable contribution in

kind provided by organisations such as the Lions Club and local businesses, as well

as individuals” and suggests that the former Lodge could be used as a student hostel

for outlying students (such as from Walpole), a women‟s refuge or a single men‟s

hostel.

Two of the initial Expressions of Interest (EOI) were indeed received from the

Palmerston Association and the Great Southern Community Housing Association

(GSCHA). Palmerston is established for the purpose of providing services to prevent

or reduce the harm related to addictive behaviours and their request including

meeting & office space as well as room for workshops. The GSCHA is a preferred

provider of community housing in WA and requested exclusive use of the former

Frail Aged Lodge in the EOI.

The Palmerston Association withdrew their interest and following much deliberation,

the Working Group conceded that community housing would not be suitable in a

location which would be utilised by predominately by community groups and

people of varied ages including seniors and the very young.

On the 24 March 2011, the following comments were provided by Cr Richardson-

Newton, which the officer is of the view that many of these questions are answered

within the Adaptive Reuse Study and or contained within this report. Addressing

other matters that perhaps have not been clearly outlined the officer summarises

comments after each question;

“Points to consider:-

1. No mention of ongoing cost

The ongoing costs will be borne by the lessees as outlined in the Study.

2. No assessment of active use ie. Part time use only

The principal lessees of Denmark Arts and the Denmark CRC are active tenants

that have (effectively) full time offices and employees and generally operate

business hours over 5 days per week. Other users will be a mix of ad-hoc and

regularly weekly, monthly activities and bookings. This is detailed in the

individual community group EOIs.

3. No assessment of potential income ie. Shire to fund project

Capital expenses and income are detailed under the financial implications.

4. Asbestos issue not fully addressed

Council has received a detailed asbestos register from Kevin Lodge. Asbestos in

most (and possibly all depending upon budgets) instances will be removed and

replaced as part of the costed refurbishment project. Asbestos removal will be


78

managed in accordance with legislative requirements and in the interim require

no remedial work.

5. Assessment of long term sustainability

The adaptive reuse study and Working Group has attempted to provide a model

of tenure and activity that in the opinion of the officer will prove to be a

sustainable model.

6. Commercial kitchen fit out costing/usage/needs

The detail of this will be determined when it comes time to prepare tender

specifications. In the interim cost have been allocated in the quantity surveyor

estimates.

Strategy Brief Outcomes of the project

Needs Analysis – was this completed and if so should it not be included in the Study?

As part of the brief the Architect met with approximately 12 groups and

reviewed another 20 individual and detailed submissions. The basis of this work

determined the allocation of the space to the principal lessees and the need for

a management committee to oversee day to day bookings.

Management

Denmark Community Resource Centre (DCRC) has been appointed as the management

body.

How were they appointed?

As part of the early stages of the Working Group and discussions with the

Architect it was determined that an appropriate structure or organisation would be

required to have overarching responsibility for management of the facility. This was

determined through the consultation process and the major proposed tenants. The

process of appointing the Denmark CRC as managing the Old Hospital Facility is still a

function of Council and is proposed to be performed as part of the lease that again

would be presented to Council for approval.

How are they managed?

Denmark CRC is a not for profit incorporated body managed by an elected

board and with paid staff with funding coming predominantly from the State

Government Department of Regional Development and Lands. They have been in

existence for approximately 20 years continuous.

How are they funded?

Answered above.

Are they a state government body?

Answered above.

Conservation Plan indicates intrusive elements of the Old Hospital to be removed.

Who is responsible for the removal?

Council if it so desires and determines. There is no compulsion on the Council to

do so.

No assessment of costing for the removal appears to have been carried out.

Some elements have been earmarked for retention.


79

The detail is included in the QS report.

Who will be responsible for the decision of retention and/or removal?

Council.

Heating and air conditioning

There is a recommendation for alternative heating and air conditioning methods but no

indicative cost.

The QS report includes indicative provisional sums for these services.

Page (8) DCRC has a grant of $150,000 from the Great Southern Development

Commission (GSDC). How long do they have before the funds have to be spent?

An extension was received to December 2011 and a further extension can be

sought in November 2011 which indicatively would be permitted.

Frail Aged Lodge

Management has been given to Denmark Arts Council. How has the cost of fit out been

assessed?

It has not to the officers knowledge. The cost of fit out would be the

responsibility of the lessee.

I have great concern that the refurbishing cost is not all inclusive and therefore will go

well beyond the $1,089,000.”

Council has the prerogative to manage the project to fit the budget available.

The draft Adaptive Reuse Plan with associated appendices and plans is attached and

includes recommendations of;

• Proposed reuse & management;

• Proposed Building Works & indicative cost; and

• Funding sources.

Council has previously received a completed Conservation Plan for the property

(Hospital only), a detailed Property (Building) Condition Report of all buildings on

the site, a Register of Asbestos on the site and a comprehensive Tree Report.

Current Temporary Occupancy Arrangements & Pending Proposals

• The Denmark Over 50‟s Association Inc. have been given temporary approval

to occupy the former Nurses Quarters at the old hospital. In mid 2010, the

Association contacted the CEO requesting approval to use a space at the Old

Hospital for a Seniors Broadband computer kiosk, as they were applying for

funding to pay for the project. A formal lease will be executed for a period of

21 years, should Council adopt the Reuse Study.

• The Denmark Arts Council Inc. have been given approval to temporarily

utilise the former Frail Aged Lodge for activities, meetings and the occasional

workshop. They have also be granted temporary use of one of the sheds

(currently the eastern side garage) for storage purposes.

• The Denmark Chamber of Commerce Inc. have been given approval to

temporarily use the western side garage for storage, predominately for the

CBD Christmas decorations, due to concerns about their deterioration whilst


80

being stored in a shed at Council‟s Depot. The approval also noted that

should Council adopt the draft Adaptive Reuse Study as recommended, that

they would be permitted to relocate one of the sheds to another suitable

Council reserve.

• The Peaceful Bay RSL have requested permission to relocate one of the sheds

to Peaceful Bay for the purposes of a Mens Shed, housing of the Community

Bus, storage, meetings, community meetings and the like. A letter was

received on the 17 March 2011 from the President of the Peaceful Bay

Progress Association supporting the Peaceful Bay RSL‟s proposal.

Consultation:

The Old Hospital Buildings Working Group and the Heritage Architect have

undertaken and extensive engagement process which involved comprehensive

consultation with numerous community groups but specifically with the following

identified „key‟ groups;

• Denmark Community Resource Centre Inc. (formerly Denmark Telecentre)

• Denmark Arts Council Inc.

• Denmark Historical Society Inc.

• People for Parklands Inc.

• Denmark Over 50‟s Association Inc.

• Old Hospital Community Centre Group.

In the 2008 Community Survey Council included two questions about the old hospital

buildings and associated reserves with a 36.8% response rate (of 1000 randomly

selected ratepayers).

Strength of Agreement 1=Disagree 5=Agree 1 2 3 4 5

The Old Hospital site should be developed

into a community park and outdoor concert

venue (%)

6.86 4.86 17.71 23.43 47.14

Strength of Agreement 1=Disagree 5=Agree 1 2 3 4 5

Council should retain the old buildings at the

Old Hospital for community use 21.14 7.71 20.29 21.14 29.71


The former Hospital site will be bound by a Heritage Covenant and is also subject to

the provisions of the Heritage Act and Council‟s Towns Planning Scheme with

respect to Heritage Provisions.


If the Study is adopted Council‟s Policy P110102 – Leasing of Land and/or Buildings

to Community Groups, would be relevant.


The engagement of the Architect to undertake the consultation and design phase was

funded by a Heritage Council grant with Council having to meet $4,000 of the total

cost. The Adaptive Reuse Study notes that refurbishment cost is estimated to be in

the order of $1,000,000 plus GST.

The suggested approach to finance the $1,000,000 works are as follows;

• Council $300,000 (either thorough loan funds, Municipal Funding or Country

Local Government Funding);

• Regional Development and Lands $150,000 (grant approved already for the

Community Resource Centre element);


81

• Lotterywest $400,000, being almost half of the total project cost (Lottery House

type funding with verbal indications that this indicative amount would be worth

applying for);

• Great Southern Development Commission Regional Grant Scheme $150,000.

• Community groups assisting with in-kind support but realistically none of the

groups have access to their own capital or the ability to meet self supporting

loans.

• Potential grant application to the Federal Government‟s Regional Grant Scheme.

It should be noted that the Council‟s indicative Capital contribution mentioned above

is included in the Council‟s adopted Capital Works Plan and funded from the

Country Local Government Fund.

The works would essentially see a large, 1925 Heritage Registered building totally

refurbished and requiring minimalist maintenance for the next 20 years. The intent of

the project and Reuse activities is that the lessees would assume the requirement for

ongoing day to day maintenance (and derive any income) with Council probably

being required to meet initial one-off capital renewal costs and thereafter structural

repairs.

It is envisaged that initially (in the first few years of start up operations of the centre)

the Council may need to meet some minor ongoing maintenance costs. It is

envisaged that negotiation with the core tenants regarding the level of contribution

would occur once grants were obtained and work progressed on the refurbishment.

These negotiations would eventuate with draft leases for Council‟s consideration and

approval. The Author has indicated to the DCRC that it would not be unreasonable to

suggest to Council that it would need to contribute towards the maintenance of the

old hospital buildings post refurbishment for the first few years of operation with this

contribution expected to be less than $10,000 per annum, reducing to significantly

less than this within a period of less than five years.


There are significant strategic implications relating to the report.

In July 2009, Council resolved to advise the Denmark Community Resource Centre

and Community Resource Network that their requests for competing use of premises

at the Civic Centre could not be accommodated but their needs may be able to be

accommodated in the „Old Hospital Buildings‟. In addition the lease of the Denmark

Arts Council existing premises expired as at 31 December 2010 and has reverted to

a monthly lease.

Relocating both the Denmark Arts Council and the Denmark Community Resource

Centre (DCRC) from their current prime CBD locations in Strickland St will assist

Council by freeing up the assets for other redevelopment or redeployment.

Council will gain a large „civic‟ or „community‟ use facility that many community

groups can benefit from with little ongoing cost, as is the case with most of Council‟s

owned and community leased building assets.

The relocation of the DCRC from the Civic Centre would also ensure the needs of the

Denmark Library were well planned for by being able to expand into this space and

allow for redevelopment of the Civic Centre, in due course.

The key issue before Council at this meeting is to adopt the Adaptive Reuse Study

and the intent behind it (retention, refurbishment and reuse by the listed groups and

for the activities and functions indicated).


82

Subsequent decisions that the Council needs to be mindful of, if they accept the

Reuse Study include the following;

• Determine timing or staging;

• Determine level of Council contributions to initial capital refurbishment (one-

off);

• Determine levels of Council contribution to ongoing maintenance that it

would be prepared to support if any (as opposed to that attributable to the

users / lessees);

• Determine the leases that would need to be put in place for the principle

lessees (3 organisations involved). (Draft leases have been considered by the

Working Group and the proposed Lessees);

• Determine what sheds should be disposed of or retained (recommended in

the report that all three of the newer sheds be relocated or removed);

• Determine the name of the facility (recommended by the Working Group in

the Study but subject to a specific Council decision).

Notwithstanding that the recommendation is to remove all of the three sheds on the

site, it is the Officer‟s view that that two of the sheds should remain onsite as, given

that Denmark Arts and the Denmark Chamber of Commerce already utilise

(temporarily) them for storage, it is envisaged that storage space for community use

will most likely be required into the future as well. In addition, Council could,

potentially, be left to bear additional costs associated with the removal and/or

relocation of the sheds.

Strategically the site is well suited for a community or cultural facility or facilities –

close to CBD, close to the River, natural parkland aesthetics, making it an extremely

important future community use site. The Council has over many years had requests

for it to consider a cultural centre. The last needs analysis was approximately 10

years ago.

Council and community facilities such as the Library, Resource Centre, Arts and

Seniors Facilities are all under pressure for modernisation / growth or expansion.

There is some possibility of a seniors facility associated with Amaroo and Lionsville.

The possibility of utilising the old hospital to „reduce‟ or relieve pressure on the

need for a community centre has much merit – at probably a much lower net capital

and ongoing cost than a new purpose built facility.

Were Council not to adopt the Study it will inevitably face pressure to improve or

provide new facilities for the following groups that currently effectively have a

Council supplied facility (free of charge) by virtue of previous Council decisions;

Denmark Community Resource Centre (DCRC)

Denmark Arts Council (Inc.)

Denmark Over 50s Association (Inc.).

In addition it will be faced with a large disused building in its town heart that is

owned by the Council. The officer is of the view that whilst the Council could decide

to look for potential „commercial‟ tenants for the building such as government

agencies or for housing, the identified community uses fulfil a significant community

need and will prove to be a vibrant and active community space for many years to

come.

Relocation of the DCRC for example would free up valuable space at the Denmark

Civic Centre which would enable much needed expansion of the Library and

fulfilment of one of Council‟s long term identified aims of redevelopment of the Civic

Centre and creation of a lesser hall (Cultural Facility). The Denmark Community

Resource Centre has additional operational and capital funding open to them,

through the WA Community Resource Network. Such a community „tenant‟ in the Old


83

Hospital Buildings could be an integral administrative „hub‟ to many „spokes‟ to „the

wheel‟ - the „Denmark Old Hospital Community Resource Centre‟.

Groups that could also enjoy much needed additional and suitable space as a result

of a decision to support the principle of the Adaptive Reuse Plan would include;

Denmark Village Theatre (Inc.)

Denmark Community Collective

Ngaangk Yanging Kadditj Indigenous Group

Department of Environment & Conservation (government tenant)

Visiting Albany professionals (non-government organisations)

Wilson Inlet Catchment Committee (WICC)

Denmark Weed Action Group

Denmark Equestrian Club

Denmark Christian Family Church

Mill Art Group Inc.

Artsouthwa Inc.

Denmark Printmakers

Al-Anon

Taoist Tai Chi Society – Denmark Sub Branch

Peaceful Bay RSL

Eklektika Community Choir

Ceramics, Glass & Sculpture

Childcare / Toy Library

Anglicare

Bubs & Bellies and Toddler Time

Indigenous Cultural Activities

Denmark Chamber of Commerce.


Environmental:



Economic:



Social:

There are significant social considerations relating to the retention or demolition of

the old hospital buildings and or how they are utilised. Whilst only two of the minor

buildings hold most of the heritage value (the morgue and matrons quarters which

are predominantly stand alone structures) the balance of the structures could

provide a valuable resource and facility for several large, vibrant and active

community groups as well as serve the infrequent and ad-hoc needs of many others

for many years to come.


Simple majority.


84


That with respect to the Denmark Hospital (fmr) on Reserve 18587 & the Frail Aged

Lodge (fmr) on Reserve 45623 Council; 1. Adopt the Adaptive Reuse Study and the principles contained therein with the

exception that two of the stand alone sheds are to remain on site for the

foreseeable future for storage purposes; 2. Authorise the Chief Executive Officer to negotiate “peppercorn” Leases of the

two sheds that would remain on site with Denmark Arts Inc. and the Denmark

Chamber of Commerce Inc., with the Leases to be referred to Council for final

approval and based on Council‟s standard community group lease and with a

maximum term of 5 years whereupon at the conclusion of that term, both the

Council and proposed lessees, of all of the buildings on site, will be in a better

position to determine their level of intrusiveness as compared to their function

performance; 3. Approve the name of the former Denmark Hospital and former Frail Aged

Lodge as being the “Morgan Richards Community Centre”; 4. Grant permission to the Peaceful Bay RSL to select one of the sheds, of their

choice, and relocate it, at their cost, to a suitable site at Peaceful Bay to the

satisfaction of the Chief Executive Officer in conjunction with the Peaceful Bay

Progress Association Inc. The shed and perimeter lands to be subject of a lease

and a separate report to Council for determination; 5. Renew the Lease between the Shire of Denmark and the Denmark Arts Council

Inc. for the former Infant Health Clinic on portion of Lot 41 (Reserve No. 26026),

for a period of two years from the 1 January 2011 to the 1 January 2013, or if a

lesser period, until the organisation re-locates to the former Frail Aged Lodge

on Reserve No. 45623; 6. Authorise the Chief Executive Officer to seek and apply for grants to assist with

funding the cost of the refurbishment on the basis that Council‟s capital

contribution is limited to a maximum of $300,000 (plus GST); 7. Authorise the Chief Executive Officer to negotiate a 21 year Lease with the

Denmark Over 50‟s Association Inc. for use of the former Nurses Quarters, with

the Lease to be referred to Council for final approval and based on Council‟s

standard community group lease; 8. Confirm the intent, as outlined in the Adaptive Reuse Study, is to lease the

former Frail Aged Lodge Building to Denmark Arts and the former Hospital to

Denmark Community Resource Centre with both based on Council‟s standard

community group lease. The premise off these proposed leases will be on the

basis that with exception of the potential for initial seed establishment funding

support, the buildings will be let to the lessees on the basis that they derive

any and all revenue in exchange for being responsible for all building

maintenance with the exception of structural repairs; and 9. Thank the Working Group for their work and advise all community groups that

have expressed an interest in the buildings of the outcomes of this resolution.


85

COUNCIL RESOLUTION ITEM 8.5.4 MOVED: CR THORNTON SECONDED: CR SAMPSON

That with respect to the Denmark Hospital (fmr) on Reserve 18587 & the Frail Aged

Lodge (fmr) on Reserve 45623 Council; 1. Adopt the Adaptive Reuse Study and the principles contained therein with the

exception that two of the stand alone sheds are to remain on site for the

foreseeable future for storage purposes; 2. Authorise the Chief Executive Officer to negotiate “peppercorn” Leases of the

two sheds that would remain on site with Denmark Arts Inc. and the Denmark

Chamber of Commerce Inc., with the Leases to be referred to Council for final

approval and based on Council‟s standard community group lease and with a

maximum term of 5 years whereupon at the conclusion of that term, both the

Council and proposed lessees, of all of the buildings on site, will be in a better

position to determine their level of intrusiveness as compared to their function

performance; 3. Approve the name of the former Denmark Hospital and former Frail Aged

Lodge as being the “Morgan Richards Community Centre”; 4. Grant permission to the Peaceful Bay RSL to select one of the sheds, of their

choice, and relocate it, at their cost, to a suitable site at Peaceful Bay to the

satisfaction of the Chief Executive Officer in conjunction with the Peaceful Bay

Progress Association Inc. The shed and perimeter lands to be subject of a lease

and a separate report to Council for determination; 5. Renew the Lease between the Shire of Denmark and the Denmark Arts Council

Inc. for the former Infant Health Clinic on portion of Lot 41 (Reserve No. 26026),

for a period of two years from the 1 January 2011 to the 1 January 2013, or if a

lesser period, until the organisation re-locates to the former Frail Aged Lodge

on Reserve No. 45623; 6. Total expenditure, including detailed drawings, professional fees etc.. to be

limited to $1,100,000 (inclusive of GST) on the renovation and refurbishment of

the old Hospital and former Frail Aged Lodge. Tenders for the project to be

submitted to Council prior to commencement of any works. Council‟s

contribution to the project being limited to a maximum of $300,000 (plus GST)

with the balance of funding being via grant applications; 7. Authorise the Chief Executive Officer to negotiate a 5 year Lease with the

Denmark Over 50‟s Association Inc. for use of the former Nurses Quarters, with

the Lease to be referred to Council for final approval and based on Council‟s

standard community group lease; 8. Confirm the intent, as outlined in the Adaptive Reuse Study, is to lease the

former Frail Aged Lodge Building to Denmark Arts and the former Hospital to

Denmark Community Resource Centre with both based on Council‟s standard

community group lease. The premise off these proposed leases will be on the

basis that with exception of the potential for initial seed establishment funding

support, the buildings will be let to the lessees on the basis that they derive

any and all revenue in exchange for being responsible for all building

maintenance with the exception of structural repairs; 9. All leases with community groups to commence only once the project has been

approved and completed. Interim, short term Memorandums of Understanding

until completion; and 10. Thank the Working Group for their work and advise all community groups that

have expressed an interest in the buildings of the outcomes of this resolution.

7.40pm – The Director of Finance & Administration left the meeting & did not return.


REASONS FOR CHANGE

Council amended part 6 to ensure that the total cost to Council was limited to a

maximum of $300,000 (plus GST). The Denmark Over 50s Association lease term was


86

amended from 21 years to 5 years and part 9 was added to ensure that no tenants

were granted a lease prior to the refurbishment / renovation works being

completed.

7.45pm – Cr Wakka left the meeting and did not return.

10. COMMITTEE REPORTS & RECOMMENDATIONS

9.1 DISABILITY SERVICES ADVISORY COMMITTEE AND PATHS & TRAILS

ADVISORY COMMITTEE DELEGATES

File Ref: ORG.25

Applicant / Proponent: Not Applicable

Subject Land / Locality: Shire of Denmark


Date: 10 April 2011



Attachments: No

Summary:

The Disability Services Advisory Committee recommends that Council appoint Les

Field to that Committee as a Community Professional (Private Sector) and also as a

member on the Paths & Trails Advisory Committee, as a Disability Services

Committee representative.

It is recommended that Council adopt these recommendations.

Background:

At its 25 January 2011 meeting Council made the following decision regarding a

request from the Disability Services Advisory Committee for an additional two

community members and representation on the Paths and Trails Advisory

Committee.

1. That the Paths and Trails Advisory Committee be requested to consider including a

representative from the Council‟s Disability Services Advisory Committee in their

membership to provide advice on disability access issues and if they are agreeable

recommend to Council that their Charter be amended accordingly.

2. That Council decline the recommendation of the Disability Services Advisory

Committee on the basis that;

a) Four community representatives with nine representatives from varying sectors

on the Committee is considered to be adequate;

b) Members of the public are welcome to attend Committee meetings and raise

any matters which they believe need to be addressed; and

c) Should community member vacancies exist on a Council Committee the position

should be advertised in a local newspaper, pursuant to the Charter.

3. That the Disability Services Advisory Committee be advised that given

the Paths & Trails Advisory Committee are yet to determine whether they wish to

have additional representation on their Committee, the recommendation to appoint

Les Field not be dealt with at this time.

On the 22 March 2011, Council resolved as follow;

“That Council amend the Paths & Trails Advisory Committee Charter to include a

nominated member and a proxy member from the Disability Services Advisory

Committee.”


87

Comment:

The Disability Services Advisory Committee considered this resolution, the vacant

professional representative position and the appointment of a member to the Paths &

Trails Advisory Committee at its 6 April 2011 meeting and made the following

recommendations to Council.

Recommendation 1

“That the Disability Services Committee makes the following recommendation to

Council;

That Les Field be added to the Disability Services Advisory Committee as a Community

Professional (Private Sector).”

Recommendation 2

“That the Disability Services Committee makes the following recommendation to

Council;

That Les Field be appointed as the Disability Services Advisory Committee member on

the Paths and Trails Advisory Committee.”

Les Field is a geologist with extensive experience and his knowledge of land forms,

and his personal experience of universal access issues, means that he will be in a

position to bring valuable insights to the Paths and Trails Advisory Committee.

Consultation:

Consultation has occurred with the Council‟s Disability Services Advisory

Committee, Paths & Trails Advisory Committee and the Disability Services

Commission Great Southern representative.


Council approval is required to appoint members to Council Committees pursuant to

section 5.10 of the Local Government Act 1995.




There are no known significant budget / financial implications relating to the report

or the officer recommendation.





Environmental:



Economic:



Social:


recommendation.


Absolute majority.


88

COUNCIL RESOLUTION & COMMITTEE RECOMMENDATION ITEM 9.1 (a)

MOVED: CR HINDS SECONDED: CR EBBETT

That the Disability Services Committee makes the following recommendation to

Council;

That Les Field be added to the Disability Services Advisory Committee as a

Community Professional (Private Sector).


COMMITTEE RECOMMENDATION ITEM 9.1 (b)

MOVED: CR HINDS SECONDED: CR EBBETT

That the Disability Services Committee makes the following recommendation to

Council;

That Les Field be appointed as the Disability Services Advisory Committee

member on the Paths and Trails Advisory Committee.


OFFICER RECOMMENDATION ITEM 9.1

That Council appoint Les Field to the Disability Services Advisory Committee as a

Community Professional (Private Sector) and approve Les Field as the Disability

Services Advisory Committee member on the Paths and Trails Advisory

Committee.

REASONS FOR CHANGE

The Council preferred the wording of the Committee Recommendations.

10. MATTERS BEHIND CLOSED DOORS

Nil

11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE

MEETING

Nil

12. CLOSURE OF MEETING

7.46pm – There being no further business to discuss the Shire President, Cr Thornton, declared the

meeting closed.

The Chief Executive Officer recommends the endorsement of these minutes at the next

meeting.

Signed: Dale Stewart – Chief Executive Officer

Date: 28 April 2011

These minutes were confirmed at the meeting of the

Signed:

(Presiding Person at the meeting at which the minutes were confirmed.)

Shire of Denmark...2011/04/27 · Shire of Denmark ORDINARY (DECISION MAKING) MEETING OF COUNCIL...

Documents

Transcript of Shire of Denmark...2011/04/27 · Shire of Denmark ORDINARY (DECISION MAKING) MEETING OF COUNCIL...