shire of denmark · 2018-06-20 · shire of denmark ordinary meeting of council held in the...

Shire of DENMARK

ORDINARY MEETING OF COUNCIL

HELD IN THE NORNALUP COMMUNITY CENTRE, 1 SHAW ROAD, NORNALUP ON TUESDAY, 5 MARCH 2013.

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 3 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 6

4.4 PRESENTATION, DEPUTATIONS & PETITIONS 7

5. APPLICATIONS FOR LEAVE OF ABSENCE 7

6. CONFIRMATION OF MINUTES 7 6.1 ORDINARY COUNCIL MEETING – 12 FEBRUARY 2013 7

7. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 8

7.1 COUNCILLOR NUMBERS 8 8. REPORTS OF OFFICERS 12

8.1 Director of Planning & Sustainability 12 8.1.1 PROPOSED OUTBUILDING – NO. 43 (LOT 121) RANDALL ROAD, HAY 12

8.1.2 MEMORANDUM OF UNDERSTANDING – DENMARK WEED ACTION GROUP 16

8.2 Director of Community & Regulatory 18

8.2.1 CSRFF SMALL GRANTS – DENMARK EQUESTRIAN CLUB INC. 18

8.2.2 DOG DEVELOPMENT PLAN FOR ANNIE HARRISON PARK 22

8.3 Director of Infrastructure Services - Nil 25

8.4 Director of Finance & Administration 26

8.4.1 DENMARK TOURISM INC – REQUEST FOR LOAN FUNDS 26 8.4.2 ADOPTION OF 2012/13 BUDGET REVIEW 29

8.5 Chief Executive Officer 33

8.5.1 INDOOR HEATED AQUATIC FACILITY FEASIBILITY REFERENDUM 33

9. COMMITTEE REPORTS & RECOMMENDATIONS 44

9.1 BUSH FIRE ADVISORY COMMITTEE - VEHICLE AND HARVEST MOVEMENT BANS 44

9.2 SENIORS ADVISORY COMMITTEE – 2013 COTA WA AGEING CONFERENCE 48

10. MATTERS BEHIND CLOSED DOORS 50

11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 50

12. CLOSURE 50

Ordinary Meeting of Council 5 March 2013

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Ordinary Council Meeting

5 March 2013

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.


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1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

4.02pm - The Shire President, Cr Ross Thornton, declared the meeting open.

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

MEMBERS: Cr Ross Thornton (Shire President) Cr John Sampson (Deputy Shire President) Cr Kelli Gillies Cr Adrian Hinds Cr Jan Lewis Cr Barbara Marshall Cr David Morrell Cr Ian Osborne Cr Dawn Pedro Cr Belinda Rowland Cr Roger Seeney Cr Alex Syme 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) Mr Rob Whooley (Director of Infrastructure Services) Ms Claire Thompson (Executive Assistant) APOLOGIES: Nil ON LEAVE OF ABSENCE: Nil ABSENT: Nil VISITORS: Members of the public in attendance at the commencement of the meeting: 29 Members of the press in attendance at the commencement of the meeting: 0 DECLARATIONS OF INTEREST:

Name Item No

Interest Nature

Cr Seeney 8.2.1 Impartiality Cr Seeney is the President of the Denmark Equestrian Club.

3. ANNOUNCEMENTS BY THE PERSON PRESIDING

The Shire President welcomed members of the public gallery and specifically acknowledged the Mr Ian Payton, President of the Nornalup Residents & Ratepayers Association along with other members of the Association. Cr Thornton thanked the Association for setting up the Nornalup Community Centre for their meeting and providing refreshments prior to the meeting.


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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, at approximately 6.00pm.

Questions from the Public

4.2.1 Mr Ian Payton Mr Payton, President of the Nornalup Residents & Ratepayers Association,

welcomed the President, Councillors and Staff to Nornalup and thanked them for holding their meeting in the Nornalup Community Centre. Mr Payton asked when the works on the boat ramp and car park were due to commence.

The Director of Infrastructure Services advised that the work was imminent. 4.2.2 Ms Sam Blythe – Item 8.2.2 (Dog Development Plan for Annie Harrison

Park) Ms Blythe gave Councillors some statistics relating to dog ownership in

Denmark and highlighted the need for a dog exercise area within the townsite. Ms Blythe stated that she believed it could also benefit visitors who travel with their dogs and that there could be some funding opportunities to assist with the cost of constructing it. Ms Blythe urged Councillors to support the concept for a dog park at Annie Harrison Park.

4.2.3 Ms Penny Opitz – Additional Fire Exit at Peaceful Bay

Ms Optiz referred to an email which she had sent recently to Councillors in relation to the need for a second fire emergency exit at Peaceful Bay.

The Chief Executive Officer advised that a proposed second fire emergency

exit was in the Structure Plan.

4.2.4 Mr Philip Powell – Radio Reception

Mr Powell stated that he was concerned that residents of Nornalup couldn’t receive Albany radio stations which was of particular concern should there be an emergency situation. Mr Powell stated that he had just signed up for the VAST service and he could now receive Bunbury, Kalgoorlie and other regional centres but still not Albany. Mr Powell asked whether this was an issue which the Shire could investigate.

The Shire President responded stating that he was aware of the problem

which extended further than just Nornalup and urged Mr Powell to also contact his local member of Parliament.


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4.2.5 Mr Tony Ireland – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility

Referendum)

Mr Ireland stated that he believed that the majority of Nornalup Residents & Ratepayers would not use the pool in Denmark. Mr Ireland said that whilst one of the reasons for building the pool was because of the travelling distance from Denmark to the Albany Pool, the establishment of a pool in Denmark would make no difference to Nornalup residents who have to travel almost the same distance to Denmark.

Mr Ireland noted that his rates had already risen significantly in the last

financial period and that he would not be happy with any additional increase to pay for a pool. Mr Ireland stated that to his knowledge, most pools that had been built in regional areas became a bone of contention later on because of the ongoing running costs.

4.2.6 Mr Don Hodgetts – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility

Referendum)

Mr Hodgetts stated that he endorsed Mr Ireland’s statements and that the City of Rockingham had a population of 60,000 people and still couldn’t sustain the running costs for their Aquatic Facility.

Mr Hodgetts said that the Shire of Manjimup had built a pool utilising cheaper

building options however this had caused earlier than expected depreciation of the facility. Mr Hodgetts added that he did not believe that Denmark had a high enough population to sustain a pool.

4.2.7 Mrs Gail Guthrie – Item 7.1 (Councillor Numbers)

Mrs Guthrie asked how Councillors envisaged a reduction in numbers would take place and that she would prefer to see a full spill to ensure fairness and equality.

Cr Sampson advised that it was envisaged that there would not be a full spill

but rather than six positions being available at the next election there would only be three which would result in a reduction of one Councillor per Ward.

4.2.8 Mrs Gail Guthrie – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility

Referendum)

Mrs Guthrie asked the following questions of Council. “1. Is a copy of the plan for the pool complex going to be distributed with the

referendum? 2. Are comparison running costs of similar facilities in other towns, going to

be included with the referendum? 3. Are physio rooms included in the proposed design? 4. If so, is it proposed to hire out those rooms to allow for physio

supervised hydro and exercise regimes ie as supplied by Bodycare in Albany?

5. If not, why is this not being considered as part of the mix in an effort to reduce the cost to the ratepayer, should the project go ahead? You have a proven profitable model to emulate. The cost of the classes is reclaimable from DVA & Health funds, therefore allowing for larger charges and discounts, than might be possible for direct payment alone.

6. What benefit are ratepayers and residents from the western portion of the shire going to receive if the above service is not supplied? Currently several veterans travel up to twice a week to Albany for the Bodycare service. Unless this service is supplied, the new facility will not remove the necessity for a trip of from 85 to 100 km each way for these people. We are certainly not going to go to town, just for a swim, when we have a perfectly good beach at Peaceful Bay.


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7. Why should people who will have no use for the lap pool (the biggest cost portion as far as I can see) pay an extra 11.4% on their rates for a facility they will never get to use?

8. Could the proposed facility be constructed in two phases with the hydro pool being in phase one, and the larger pool in a second phase?

9. With our aged population, would not the hydro pool be of the most benefit?

10. Has consideration been given to constructing a sea pool - perhaps in the inlet or at Ocean Beach – rather than a large lap pool? One of the reasons given for the large pool is swimming classes, yet these take place mostly in summer when a sea pool closer to town would serve just as well. I fail to see why our schools are sending bus loads of children to Albany for the school swimming lessons rather than use William Bay, just 10 km from town rather than 53 km. If it is the lack of changerooms etc, would not then a sea pool facility serve this purpose.”

The Shire President responded stating that yes, a plan of the proposed

facility would be included with the Referendum, physio rooms were not included in the current design and that the rest of Mrs Guthrie’s questions would likely be answered during the debate.

4.2.9 Mr Rick Phair – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility

Referendum) Mr Phair noted that this issue had been around for years and the he

supported a referendum on the matter. Mr Phair also noted that he remembered when Wade DeCampo had addressed Council about the issues that the Shire of Manjimup had had with the sub-standard construction of the Manjimup pool and requested that, should Council build a pool, they not go for a cheaper build option.

4.2.10 Mr Alex Williams – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility

Referendum)

Mr Williams stated that he supported the comments made by Mr Ireland, Mr Hodgetts, Mrs Guthrie and Mr Phair and that he believed those views were generally supported by most people in the Hazelvale area.

4.2.11 Mr Bob Laing – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility

Referendum)

Mr Laing commended the Officer on the report and stated that he supported the Officers Recommendation and noted that the Referendum would give the silent majority of Ratepayers their say on the matter. Mr Laing also noted that he believed that the design should include a wading pool.

4.2.12 Mr Bob Laing – Item 7.1 (Councillor Numbers)

Mr Laing congratulated Cr Sampson on getting the matter of reducing Councillor numbers back onto the Council’s Agenda.

4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

4.3.1 Cr Syme – Wentworth Rd Dam

Cr Syme enquired with the Shire President about the response from the Minister Day in respect to the Shire President’s comment about consultation between the Minister and the Shire. The Shire President responded that he had sourced the letters from the Department of Planning & Infrastructure and the Minister’s Office in respect to the item and the basic content was that they had advised us we had contravened the Planning & Development Act 2005 and Council needed to


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show merit why the issue should not be referred to the State Administrative Tribunal. The Shire President further responded that he did not believe this was consultation either at a personal level or a Departmental level.

Cr Hinds questioned the Shire President what was the protocol in respect to questions on notice as required under Standing Orders. The Shire President responded that upon review he had erred in allowing Cr Syme to ask the question without providing due notice which was 7 days and in future he would take note of that.

4.4 PRESENTATIONS, DEPUTATIONS & PETITIONS Nil

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 SEENEY SECONDED: CR PEDRO

That the minutes of the Ordinary Meeting of Council held on the 12 February 2013 be confirmed as a true and correct record of the proceedings.

CARRIED UNANIMOUSLY: 12/0 Res: 010313


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

The following Notice of Motion was received on Wednesday, 20 February 2013 and therefore complied with the Shire of Denmark Standing Orders Local Law clause 3.10.

7.1 COUNCILLOR NUMBERS

File Ref: CR.1 & ELC.1

Applicant / Proponent: Cr John Sampson

Subject Land / Locality: Shire of Denmark

Disclosure of Councillor Interest: Not applicable

Date: 20 February 2013

Author: Cr John Sampson

Attachments: 7.1 a) – Ward Review 7.2 b) – Letter from Salaries & Allowances Tribunal

Summary:

Councillor Sampson has provided 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, together with likely significant increases in Governance costs associated with Councillors allowances moving to being regulated by the Salaries and Allowances Tribunal with effect from 1 July 2013, resolve to undertake a Ward Review pursuant to Clause 6 of Schedule 2.2 of the Local Government Act 1995, 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 this be advertised for a minimum period of 6 weeks pursuant to the legislation in order for it to be considered by Council for possible effect at the 2013 Municipal elections.”

Background:

CEO Comment:

Council at its meeting of 27 April 2011 previously on this issue resolved as follows (Resolution No. 070411, carried by an absolute majority 7/5); “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 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.” The Local Government Advisory Board rejected the request at the time on the basis that the Council was required to undertake a fill ward review prior to being considered. The issue therefore lapsed without effect as it could not be completed in sufficient time for the 2011 local government election.

Comment:

CEO Comment: An analysis of the current situation with respect to elected members across the local governments in WA reveals the following;

• There are 140 Councils in WA with 26 of those with 11 elected members or more and 19 with 12 elected members or more.

• Councils with 5 elected members in WA number 1.



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• Average number of electors per Elected Member in WA is 1,124.

• Average population per Elected Member in WA is 1,799.

• The mode of elected members across the 140 Councils in WA is 9.

• The median of elected members across the 140 Councils in WA is 9.

• The average of elected members across the 140 Councils in WA is 8.87.

• The Councils with 11 Councillors or more are;

Local Government Population (no.)

No. of Electors

No. of Elected Members

Electors per Elected Member

Population per Elected Member

Wagin (S) 1847 1315 11 120 168

Denmark (S) 5194 4462 12 372 433

Collie (S) 9126 5863 11 533 830

Manjimup (S) 9182 6897 11 627 835

East Pilbara (S) 11950 5300 11 482 1086

Subiaco (C) 17575 11195 13 861 1352

Nedlands (C) 20533 14108 13 1085 1579

Roebourne (S) 22899 8470 11 770 2082

Harvey (S) 23238 14549 13 1119 1788

Fremantle (C) 26583 19226 13 1479 2045

Kalgoorlie/Boulder (C) 31109 15380 13 1183 2393

Bunbury (C) 31348 20896 13 1607 2411

Albany (C) 33651 23139 13 1780 2589

Mundaring (S) 36530 24668 12 2056 3044

Greater Geraldton 37162 22659 15 1511 2477

South Perth (C) 40739 26000 13 2000 3134

Kalamunda (S) 53568 34280 12 2857 4464

Bayswater (C) 61264 40012 11 3637 5569

Armadale (C) 62297 37106 15 2474 4153

Mandurah (C) 69903 45525 13 3502 5377

Melville (C) 95702 67216 13 5170 7362

Gosnells (C) 106584 61432 11 5585 9689

Swan (C) 108462 65922 15 4395 7231

Wanneroo (C) 152076 85899 14 6136 10863

Joondalup (C) 152404 105000 13 8077 11723

Stirling (C) 195699 127015 14 9073 13979

Consultation:

CEO Comment: The Council has sufficient time in which to undertake the minimum 6 weeks advertising period only if resolved to commence the process at this meeting. A draft Consultation paper is attached as an appendix and is effectively the same as that which was undertaken in 2008, with current elector numbers. Council has previously included the following question in the 2011 Customer Satisfaction and Community Needs Survey;


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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.

Statutory Obligations:

CEO Comment: 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 if not undertaken at this time.


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The Notice of Motion was received by the administration on Wednesday 20 February 2013, which is within the time required by the Council’s Standing Orders Local Law Clause 3.9 (requirement to give at least 7 clear working days). Policy Implications:

CEO Comment: There are no policy implications. Budget / Financial Implications: CEO Comment: Should the number of Councillors be reduced this would decrease overall governance costs including the cost of conducting the 2013 and subsequent elections. The recent announcement by the Government that elected members allowances would be assessed by the Salaries & Allowances Tribunal with any changes to take effect from 1 July 2013 also may have significant cost implications for Council (refer attachment number 7.1 b)). Strategic Implications:

CEO Comment:

The CEO supports the principle of the Notice of Motion by Cr Sampson and believes that a smaller Council (to 9) is in keeping with the expectations of the current Government & Community and would provide for financial savings and administrative efficiencies without undue loss of representation with the number of electors per elected members increasing from approximately 372 to approximately 495, well less than the State average of 1124. 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:

Simple majority.

COUNCIL RESOLUTION & COUNCILLOR’S NOTICE OF MOTION

AND OFFICER RECOMMENDATION ITEM 7.1

MOVED: CR SAMPSON SECONDED: CR ROWLAND

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, together with likely significant increases in Governance costs associated with Councillors allowances moving to being regulated by the Salaries and Allowances Tribunal with effect from 1 July 2013, resolve to undertake a Ward Review pursuant to Clause 6 of Schedule 2.2 of the Local Government Act 1995, 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 this be advertised for a minimum period of 6 weeks pursuant to the legislation in order for it to be considered by Council for possible effect at the 2013 Municipal elections.

CARRIED: 8/4 Res: 020313

Cr Marshall requested that her vote against be recorded.


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5.33pm – Cr Marshall left the room.

8. REPORTS OF OFFICERS 8.1 Director of Planning & Sustainability

8.1.1 PROPOSED OUTBUILDING – NO. 43 (LOT 121) RANDALL ROAD, HAY

File Ref: A5485 (2012/219)

Applicant / Proponent: Karl O’Callaghan

Subject Land / Locality: No. 43 (Lot 121) Randall Road, Hay

Disclosure of Officer Interest: Nil


Author: Douglas Fotheringham, Senior Planning Officer

Authorising Officer: Annette Harbron, Director of Planning & Sustainability

Attachments: 8.1.1 a – Plans of Proposed Development 8.1.1 b – Deposited Plan 71696 8.1.1 c – Schedule of Submissions

Summary:

The applicant is seeking Planning Approval to construct an Outbuilding on No. 43 (Lot 121) Randall Road, Hay. The subject site is currently vacant and no house plans have been submitted for planning approval, thus as per the provisions of Planning Scheme Policy No. 13.3: Outbuildings (Policy 13.3), draft Planning Scheme Policy No 13.4: Outbuildings (Policy 13.4) and Shire of Denmark’s Delegation D100601: Implementation of Town Planning Scheme outbuildings on vacant Special Rural zoned lots require Council approval. Having regard to the objectives, intent and provisions of Policy 13.3, draft Policy 13.4 and the applicant’s justification, it is recommended that Planning Approval be granted subject to appropriate conditions. Background:

Current Application An application for Planning Approval was lodged with Planning Services in December 2012 for an outbuilding on No. 43 (Lot 121) Randall Road, Hay (refer Attachment 8.1.1 a). Accompanying the application was the following written statement: “I have no immediate plans to construct a dwelling on the block and expect this to be done in 2015. There are two key purposes for the shed. Firstly, as the block has no scheme water supply the shed will be used to capture rainwater which is to be stored in a 96000 litre tank at the side of the shed. The plans submitted show the slab for the rainwater tank to one side of the shed. It is planned that part of this water supply will be annexed to assist the bushfire brigade should a fire occur on or around the property. Secondly as the block is five acres it needs management in terms of slashing, fence maintenance etc and it was anticipated that that the shed would be used for the storage of a tractor, tools and equipment. There is no other way to secure these items on the property.” In addition to the above the application provided a statutory declaration which states: “The outbuilding currently the subject of planning approval is not intended to be used for residential, commercial or industrial purposes. The purpose of the outbuilding is for storage of equipment and rainwater collection. The application includes details of rainwater tank to be provided for future water consumption and immediate bushfire management”.


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Approved Development The subject lot was created via the subdivision of No. 52 (Lot 12) Springdale Heights, Hay into two lots (WAPC Ref: 142046). Condition 5 of the subdivision approval required the designation of a building envelope on proposed Lot 121 on the Deposited Plan – refer Attachment 8.1.1 b. Comment: The proposal has been assessed having regard to the relevant provisions of the ‘Special Rural (SR1)’ zone, Policy 13.3 and draft Policy 13.4 (noting that at the time this application was lodged this policy was draft, however was recently adopted by Council at the 12 February 2013 Council meeting as a final Planning Policy and took effect on 22 February 2013), and generally complies with the exception of the following provisions:

Clauses 8 and 9 of Planning Policy No. 13.3: Outbuildings 8. No outbuildings are permitted to be constructed upon vacant Residential, Special

Residential, Landscape Protection or Special Rural zoned lots without Council approval.

9. Outbuildings proposed for vacant Residential, Special Residential, Landscape Protection or Special Rural lots in accordance with (8) require Council approval and proposals will generally not be supported unless all relevant approvals for a Single House (Class 1A dwelling) have been obtained. Council in it’s consideration may seek the views of adjoining property owners.

Clause 5.3 of draft Planning Policy No. 13.4: Outbuildings

Outbuildings are not permitted to be constructed upon vacant Special Rural or Rural Multiple Occupancy zoned lots unless Planning Approval and a Building Permit has been obtained for a Single House (NB: Building Permit for Single House and Outbuilding can be obtained concurrently).

Notwithstanding the above, Council does have the ability to approve the proposal if it considers that it has merit having regard to the objectives and requirements of Town Planning Scheme No. 3 and/ or any relevant Planning Policies. As part of the consideration of this proposal, it was referred to four (4) adjoining landowners for comment – with one (1) comment received. Attached as Attachment 8.1.1 c is the Schedule of Submissions – with the submission received being entered into the schedule as verbatim. Column 4 of the Schedule of Submissions represents Planning Services comments/response to the submission received. Overall from a Planning Services perspective it is considered that the applicant’s justification for the outbuilding to be erected prior to a dwelling being provided on-site is appropriate and warranted, thus it is recommended that Planning Approval be granted with conditions accordingly. It should be noted that approval to this proposal will not set a precedence for each proposal will be considered on its merits and determined accordingly. Consultation:

External Consultation

Applicant

Adjoining landowners – refer ‘Comments’ section for details Internal Consultation

Development Co-ordination Unit


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Statutory Obligations: Town Planning Scheme No. 3 (TPS No. 3) and related policies specify the pertinent development requirements for the site. Clause 8.2.5 of TPS No. 3 states: A Town Planning Scheme Policy shall not bind the Council in respect of any application for planning consent but the Council shall take into account the provisions of the policy and the objectives which the policy was designed to achieve before making its decision.

As per current Delegation D100601: Implementation of Town Planning Scheme, the Chief Executive Officer and/or Director of Planning & Sustainability have the delegation to determine proposals for outbuildings on vacant lots in accordance with the requirements of the relevant Town Planning Scheme Policy pertaining to Outbuildings. Given that Planning Services are recommending that this proposal be approved notwithstanding it does not comply with Planning Policy provisions, the matter is required to be referred to Council for determination accordingly. Policy Implications: Planning Policy No. 13.3: Outbuildings and draft Planning Policy No. 13.4: Outbuildings are relevant to this application. Budget / Financial Implications: There are no known financial implications upon the Council’s current Budget or Plan for the Future. Strategic Implications:

There are no known significant strategic implications relating to the report or the officer recommendation. Sustainability Implications: Environmental:

There are no known significant environmental considerations relating to the report or officer recommendation. Economic: There are no known significant economic considerations relating to the report or officer recommendation. Social:

There are no known significant social considerations relating to the report or officer recommendation. Voting Requirements:

Simple majority.

5.35pm – Cr Marshall returned to the room 5.36pm – Cr Morrell left the room. 5.38pm – Cr Morrell returned to the room.


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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.1 MOVED: CR SAMPSON SECONDED: CR MORRELL

That with respect to the planning application for Proposed Outbuilding for No. 43 (Lot 121) Randall Road, Hay Council resolves to: 1. Note the submission received; 2. Grant Planning Approval subject to the following:

Conditions a) Development to be in accordance with the attached stamped approved plans

dated 17 December 2012 and 30 January 2013 with the following modification as illustrated in red on the plans:

The roof material being modified such that it is not zincalume and is not a white coloured roof.

b) Driveway/accessway to the outbuilding shall be constructed and maintained to a minimum all-weather standard (eg. gravel, crushed rock) to facilitate access to the development by 2 wheel drive vehicles.

c) The approved outbuilding shall not be used for human habitation, commercial or industrial uses.

d) The approved development shall be connected to an approved effluent disposal system to the satisfaction of the Shire of Denmark (Environmental Health Services) – refer Advice Note i).

e) The approved development shall provide a potable water supply via a rainwater tank with a capacity of not less than 92,000 litres.

f) The approved rainwater tank shall provide an adequate permanent water supply of not less than 10,000 litres for bush fire fighting purposes, accessible by a DFES approved coupling for emergency purposes only.

g) The rainwater tank (and any pumping equipment or structure) shall be coloured, toned or painted to complement the colours of the proposed outbuilding.

h) The rainwater tank to be installed in accordance with the Department of Health’s standard on water tanks. This includes but is not limited to a ‘First Flush Water Diverter’ (for detailed information see ‘Water’ link at http://www.public.health.wa.gov.au)

i) Any runoff from the rainwater tank must not overflow onto adjoining properties.

Advice Notes: a) An alternative treatment unit will be required to be provided as the effluent

disposal system is located within 100 metres of a nearby creek. 3. Advise the submitter of Council’s decision.


http://www.public.health.wa.gov.au/


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8.1.2 MEMORANDUM OF UNDERSTANDING – DENMARK WEED ACTION GROUP

File Ref: ORG.48

Applicant / Proponent: Denmark Weed Action Group

Subject Land / Locality: Shire of Denmark Reserves



Author: Craig Baru, Sustainability Officer

Authorising Officer: Annette Harbron, Director of Planning & Sustainability

Attachments: 8.1.2 - Draft Memorandum Of Understanding

Summary:

Council is requested to endorse the Memorandum of Understanding (MOU) between the Shire of Denmark and Denmark Weed Action Group (DWAG), for implementing weed control, bush regeneration and dieback management within Shire managed reserves (excluding road reserves). Background: There is currently no written document outlining an organisational relationship between the Shire of Denmark and DWAG – noting that from a review of Council records a MOU was suggested in 2006 owing to the fact that DWAG were delivering weed control in Shire reserves prior to the employment of a Natural Resource Management Officer with the Shire (which is now encapsulated into the Sustainability Officer position). Currently DWAG activities are established on an annual contract basis, supported by a specific contract agreement and proposed works schedule. The Shire of Denmark maintains responsibility for the overall planning, development and management of Shire reserves.

Comment:

Endorsement of the MOU will provide both parties with clear and practical guidance for implementation and monitoring of prioritised weed control and bush regeneration actions within Shire of Denmark Reserves. This will build upon the legacy and works undertaken currently and historically by DWAG and consolidate their relationship with the Shire of Denmark. Council is requested to endorse the MOU to formalise arrangements for access to Shire Reserves to DWAG, its officers, employees, contractors and volunteers for purposes of approved weed control and bush regeneration work (including dieback management) within Shire Reserves. It is considered that the draft MOU provides clear guidance as to the roles and responsibilities of the Shire of Denmark and DWAG in relation to the management of Shire managed reserves. Consultation:

External Consultation The development of the MOU involved extensive consultation with DWAG. Internal Consultation

Presentation by DWAG at a Strategic Briefing Session on the 24 July 2012

Planning and Sustainability Services

Community and Regulatory Services

Infrastructure Services

Chief Executive Officer


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The MoU does not restrict either party, or any other party, in the performance of its statutory functions or the execution of its statutory rights, duties or powers. In all respects responsibility for the administration and management of Shire land remains with the Shire, who has lawful responsibility for these functions under the Local Government Act 1995 and Land Administration Act 1997. Policy Implications:

The Shire of Denmark’s relevant policies and documents that pertain to the works that would be undertaken as part of the MOU, include, but are not limited to:

Shire of Denmark Weeds Strategy and Action Plan 2005 - 2010

Council Policy P100503: Environment Policy

Council Policy P100507: A Study into the Risk of Phytophthora Dieback in Ten Peri-Urban Reserves within the Shire of Denmark

Council Policy P100509: Wilson Inlet Foreshore Reserves Management Plan 2008

Budget / Financial Implications:

There are no known new significant budget and/or financial considerations relating to the MOU or officer recommendation – noting that the 2012/13 Budget has allocated $15,000 towards implementation of the Denmark Weed Strategy (Account 1065502). Strategic Implications:

Endorsement of the MOU will strengthen the strategic management of activities and actions that have impacts upon and within Shire Reserves. Sustainability Implications: Environmental:

Sustainable environmental management of Shire of Denmark reserves will potentially provide significant environmental improvements through endorsement and implementation of the MOU through specific weed control and dieback management actions. Economic: Shire of Denmark reserves and their on-going sustainable environmental planning and management of these reserves has implications for generating increased revenue for associated businesses and for the overall profile of Denmark as a natural area tourism destination. Social:

The natural beauty, assets and associated lifestyle that Denmark offers is a key draw card for local residents and visitors alike. Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.2 MOVED: CR MORRELL SECONDED: CR GILLIES

That Council endorse the signing of the Memorandum of Understanding between the Shire of Denmark and Denmark Weed Action Group.



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8.2 Director of Community & Regulatory Services Prior to consideration of Item 8.2.1 the Chief Executive Officer, through the Presiding Person, brought to the attention of the meeting the following disclosure(s) of interest: Cr Seeney is the President of the Denmark Equestrian Club and as a consequence there may be a perception that his impartiality on this matter may be affected. Cr Seeney has declared that he will consider this matter on its merits and vote accordingly.

8.2.1 CSRFF SMALL GRANTS – DENMARK EQUESTRIAN CLUB INC.

File Ref: A3035

Applicant / Proponent: Denmark Equestrian Club (Inc.).

Subject Land / Locality: Reserve 39067 Beveridge Street Denmark



Author: Damian Schwarzbach, Manager of Recreation Services

Authorising Officer: Gregg Harwood – Director of Community & Regulatory Services

Attachments: CSRFF Small Grant Round – Denmark Equestrian Club (Inc.) application

Summary:

The Denmark Equestrian Club (Inc.) has submitted a Community Sport & Recreation Facilities Fund (CSRFF) small grants application for the March 2013 grant funding round.

The Club has requested assistance with the construction of an additional 20, large horse holding yards (3m x 3m) at the Pony Club/ Trotting Track Complex at Reserve 390657 Beveridge St, Denmark to provide safe holding for full sized horses and their riders. The project will involve a one third Council’s contribution of $5,836.45 in the 2013/2014 budget and the officer report recommends that Council support this application. Background: CSRFF grants are made on the basis of one third DSR grant and two thirds group/local government/other funding sources and local applications compete with others from, not just the Great Southern region, but the whole of the state of Western Australia.

Prior to the consideration of applications for funding assistance, the Department of Sport and Recreation (DSR) requires Local Governments to consider all of the funding applications from community groups within their area and to place a funding priority on each application.

In order to qualify for the current round of grant applications must be assessed for priority and supported by the Local Government and submitted to the DSR by the 31st March 2013. Denmark Equestrian Club (DEC) is an adult horse riding club that delivers a range of activities for the community. They have had eight years of continued progress and have 40 members which comprise mainly local residents. Their activities are primarily outdoor equestrian and non-competitive and their events are imaginative, fun, family-friendly and sometimes involve overnight stays and the club meets on a regular monthly basis (3rd Sunday) with members coming and going throughout the day as their time permits. The club is a joint lessee of the Beveridge St Club/ Trotting Track Complex facility which they shared with the Denmark Riding and Pony club (Inc.) and both groups have a license to the Denmark Trotting Club (Inc) which enables its members to use the track at


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the facility. The Pony club who are currently in recession but it is anticipated that they will be operational again in 2014. The reserve that they occupy is vested in the Shire of Denmark via a management order and the Shire of Denmark in turn has leased the reserve to both Clubs until 21st April 2022.

Comment

The DEC has raised the issue of inadequate horse holding yards since 2009. There safety concerns revolve around the fact of the existing yards which initially constructed using pig yards that were recycled from Council’s former pig sale yard were built for ponies and are not suitable for larger horses. Their small size means that the riders of large horse riders can potentially get trapped by their horses against thee yards and they cannot turn their horses to safely mount them. This small size also means the gates that are potentially hazardous when used for larger animals and their rails are too close together meaning that they trap the legs larger horses that kick potentially causing them serious injuries. The usage of these yards by larger horses places the horses and their handlers at risk and is a barrier to the group attracting new memberships and encouraging other equestrian groups to visit. Once built each pen in the new yards will be 3m square enabling safer holding of members’ horses, better access to holding yards and ease of mounting horses and will allow for an expansion both the DEC and Pony Club’s membership. The DEC has a strong focus on the educational aspect, demonstrating a role in helping riders to keep themselves and their horses safe. They keep their members well informed by providing occasional guest speakers who attend Rally Days and presentations, discussions and demonstrations. All of this helps to prepare riders for events such as trail riding, dressage, eventing and endurance. The DEC have contacted their State Sporting Association (Equestrian Western Australia (Inc.) and they are supportive of this application. They have also consulted extensively with other user groups and their own members in relation to this application and it


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reflects a desire to improve their facilities. They have also met with the Great Southern Regional Manager for the Department of Sport & Recreation on site and he encouraged the DEC to submit an application. They have also conducted some long term master planning for the site in conjunction with the Trotting and Pony Clubs which has resulted in the attached concept plan which is part of the application and will guide development of the complex over the coming years and proposed the horse holding yards are part of that concept plan. The total cost of the project is $17,509.34 including GST, which includes supply and installation of the posts, supply and delivery of steel for fabrication of the rails and construction of the yards.

Council’s contribution will be $5,836.45, the DEC supplying $4,660.00 donated labour and a cash contribution of $1,176.44 and the Department of Sport & Recreation granting $5,836.45. The DEC’s finances are improving in performance each year with a closing balance of $6,833 at year end 2011 and a balance of $7,690.00 at 20th January 2013 which is sufficient to cover their contribution to the project.

The application will need to be lodged with DSR by the end of March 2013, and Council will be notified by the end of May 2013, if they are successful in obtaining the funding. Funding will be available for work to commence on July 1st 2013.

Consultation: Department of Sport and Recreation, Denmark Riding and Pony club (Inc.) and both groups provide a license to the Denmark Trotting Club who use the grounds. Statutory Obligations:

Nil Policy Implications: Policy P110304 SUSTAINABILITY & COLLOCATION (SPORT & RECREATION FACILITIES) relates as follows; “Council will give priority support to facility development or redevelopment that shows capacity for collocating or the sharing of resources. Applicants must be community based organisations and incorporated under the WA Association Incorporations Act 1997. Council will require community based organisations seeking public funds of greater that $10,000 for developing new or refurbished current facilities to have a business plan appropriate to the size of their organisation. Council will contribute to a maximum of one-third (1/3) only of major facility development / redevelopment with a project cost greater than $50,000 to demonstrate the need for such development and their strategies to ensure that the development will be viable for at least the next 10 years or such period requested by Council.”

The DEC request is in accordance with this Policy.


If this grant proposal is successful Council will need to make a $5,836.45 contribution towards it in the 2013/14 Council Budget. Strategic Implications:

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


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Sustainability Implications: Environmental:

There are no known significant environmental considerations relating to the report or officer recommendation. Economic:

There are no known significant economic considerations relating to the report or officer recommendation. Social:

The DEC is a community sporting organisation who provides physical activity opportunities for over 35 community members each year to participate in equestrian activities. Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.2.1 MOVED: CR PEDRO SECONDED: CR SYME

That Council advise the Department of Sport and Recreation that it supports the Community Sport & Recreation Facilities Fund Small Grants March 2013 Grant Round application that has been received from the Denmark Equestrian Club (Inc.) requesting assistance with the construction of additional horse holding yards at the Pony Club/Trotting Track Complex on Reserve 39067 Beveridge St, Denmark and agree to fund a one third (1/3) contribution to the development of $5,836.45 in the 2013/14 Budget, should it be successful.



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8.2.2 DOG DEVELOPMENT PLAN FOR ANNIE HARRISON PARK

File Ref: GRT.120

Applicant / Proponent: Not applicable

Subject Land / Locality: Portion of Reserve 15513, Corner of Hollings Rd & Barnett St, Denmark



Author: Gregg Harwood, Director of Community & Regulatory Services

Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services

Attachments: Concept Plan

Summary:

The officer report discusses the outcome of a consultative dog park development plan process and recommends that Council endorse the plan and advertise it for public comments for a 60 day period prior to considering it for adoption as part of its 10 Year Long Term Financial Plan. Background: Early the 2012 the Denmark Dog Club expresses on behalf of dog owners the need for a purpose built dog park in Denmark. This need was further compounded by the fact that buy at the ongoing development of the Kwoorabup had brought it to the point where its original intent on being an on lead only dog area was being enforced. On consideration of these requests senior staff envisioned that a well-designed, aesthetically pleasing dog park would have significant local economic & tourism potential in that it would be an attractant for passing dog owners to spend a night (or more) in Denmark. In response to this opportunity and the communicated needs of local dog owner’s the CEO engaged Howard and Heaver to prepare a concept plan and allocated the task of scoping the project, consulting with community groups and managing the architect to the Director of Community and Regulatory Services. The concept plan that is attached to this report is the output from that process. Comment:

The scoping process involved meetings between the architect and Sam Blyth who is a local dog trainer, representatives from the Denmark Dog Club and Denmark Animal Carers and the referral of the plans to the Denmark Veterinary Clinic and Council’s Rangers for comment. The concept plan that has been produced by the Howard and Heaver architectural team seeks to tie the dog park into surrounding areas historic and walkable paths themes and involves the following features: 1) Formalising of angle car and long caravan parking bays in the slip bay that runs

adjacent to Hollings Rd.

2) The inclusion of gates that will enable the park to opened up on market days to cars to provide a degree of parking.

3) Connection to both the existing Karri Walk trail and the proposed north end of a potential Strickland St sky walk.

4) The entire park would be an “off lead” dog exercise area which is in line with the parks current status (a dog exercise facility).


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5) Defined but interconnected large and small dog areas with suitably sized dog agility equipment.

6) A BBQ area where dog owners would be able to have a BBQ with their dogs present.

7) Barrier landscaping as opposed to fencing along the Barnett and Hollings Rd boundaries.

8) Doubled gates with separate in and out paths to both the large and small dog areas that will prevent dogs from escaping and enable dogs to be socialised before entering and controlled when leaving.

Referral of the draft concept plan to the various parties that participated in the scoping process, Council’s CBD Streetscape working group and the Paths and Trails Advisory Committee has produced the following results: Sam Blythe a local dog trainer has advised that: a) The provision of toilets would be beneficial.

b) Fencing to enclose the small dog area would be beneficial.

c) Links to paths in the area to provide access bikes and wheel chairs would be

beneficial.

d) Usage of degraded granite in high traffic areas where grass will be hard to maintain.

e) Dog niche wall would be beneficial

The Denmark Dog Club have advised that they have reviewed the plans and are supportive of the overall concept and layout and very appreciative of the concept of a dog friendly BBQ area. They see great potential for the park as a social space and are quite keen to get involved in the incremental development of the park. Their main request in terms of the draft plan is that the Karri forest at the edge of the uphill edge of the park needs to be fenced as they are concerned that larger dogs will run away into the bush following kangaroo scents.

The CBD Streetscape Redevelopment Working Group have considered the draft concept plan and advised that:

“The CBD Streetscape Redevelopment Working Group considered the draft Concept Plan at its meeting of 20 November 2012 and provides the following comments for inclusion in the report to Council to facilitate public advertising:

Need to ensure the plan shows a roundabout at the intersection of Strickland Street/Barnett Street, noting that the final location of the footpath & ramped walkway in this area will be dependent on the final design of the roundabout;

Use of the site for overflow parking purposes is supported;

The link between Strickland Street & McLean Park being improved is supported; and

Consideration should be given to the provision of bird hides in the Karri Walk Trail Reserve area.”

The Directorate of Planning & Sustainability have advised:

The proposed stabilised lime stone path bordering the bush is supported as this will be an effective management/maintenance tool between the park area and adjoining high value bushland;


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The proposed alternative on-street parking on the eastern side of Hollings Road (i.e. on the river side) has merit however would require further investigation to confirm there is adequate space to create such parking without impacting on the river foreshore/swamp edge;

The Karri Walk Entry proposal has the potential to be an ‘environmental interpretive’ asset to the area;

All walkways, paths etc should be wheelchair accessible;”

The plan currently references “Link to New Retirement Village” – this needs to be removed from the plan before going out to the public as this is not the case; and

Given the potential increase in water requirements for the park, stormwater harvesting opportunities should be explored (rainwater tanks; stormwater/drainage capture from paved areas into the park etc).

The concept plan has also been viewed by the Paths and Trails Advisory Committee and they did not raise any objections to the project but they are yet to move a motion communicating clear support.

The Denmark Animal Carers have advised that they are supportive of the concept plan.

Councils Rangers have advised that while the development of a dog park will inevitably require the allocation of ranger resources to that area they are supportive of the concept plan.

The Denmark Veterinary Clinic have advised that they are supportive of the concept plan and will be happy to provide advice on the best surfaces for the agility equipment. The concept plan has also been viewed by the overlooking neighbour and he has communicated that he is supportive of the development of a dog park on the reserve. In terms of the facility’s costs it is envisaged that the development of the park will be in the vicinity of $150,000 with this rising to $180,000 if composting toilets are provided and $270,000 if a substantial toilet block is constructed that is connected to deep sewerage. It is envisaged that a reasonable amount of the project’s cost can be funded through grants, donations, volunteer labour and bequeathed donations. From the above comments it would appear that the draft concept is thematically sound, practically achievable given Council’s resources and financial commitments and, given the level of support from interested groups, it should be advertised for public comment and then considered by for inclusion in Council’s 10 year plan once the public’s comments have been received and reported back to Council.

Consultation:

Consultation has taken place with the Denmark Dog Club, Denmark Animal Carers, CDB Streetscape Working Group, Paths and Trails Advisory Committee and local Veterinary Surgeons. Statutory Obligations:

There are no known significant strategic implications relating to the report or the officer recommendation. Policy Implications: There are no known significant policy implications relating to the report or the officer recommendation other than P100705 which relates to memorials.


There are no known significant Budget / Financial implications relating to the report or the officer recommendation other than the need to seek grant and to budget to complete the project in future years.


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Strategic Implications:

There are no known significant strategic implications relating to the report or the officer recommendation. Sustainability Implications: Environmental: There are no known negative environmental considerations relating to the report or officer recommendation and presence of dedicated dog park will reduce the incidence of dogs being allowed to free run in the bush where their scent trail causes major disruption to native animals.

Economic: There are no known significant economic considerations relating to the report or officer recommendation. Social: The construction of a well-planned dog park will bring about significant health and wellbeing benefits in Denmark particularly amongst the senior’s population. Voting Requirements:

Simple Majority. Cr Syme requested changes to the report in relation to the description of the proposed fencing so that it is consistent with what is proposed.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.2.2 MOVED: CR LEWIS SECONDED: CR SEENEY

That Council note the initial comments in relation to the concept plan and endorse the Annie Harrison Park Dog Park concept plan for the purposes of advertising for public comment for a 60 day period prior to considering it for adoption as part of its 10 Year Long Term Financial Plan.

THE VOTE WAS TIED: 6/6 THE SHIRE PRESIDENT THEN MADE HIS CASTING VOTE AGAINST THE MOTION WHICH WAS THEN LOST: 6/7 Res: 060313

The Shire President noted that the Concept Plan should be reviewed to take into account some of the concerns of Councillors which had been highlighted during debate such as;

The fencing

The font size; and

The proposed car parking on the eastern side of Hollings Road. 8.3 Director of Infrastructure Services

Nil

6.20pm - Public Question Time The Shire President stated that the second public question time would begin & called for questions from members of the public.

Mr Rob Burton – Lifestyle Village in Walpole Mr Burton advised that the lifestyle village in Walpole was almost complete with only the finishing touches to be done. Mr Burton noted that he had been a $2m project and that they expected it to be opened in approximately April 2013. Mr Burton stated that the village was expected to house 55% of its residents from the Manjimup Shire and 45% from the Denmark Shire. The Shire President commended Mr Burton and his organisation on the project and noted that the western population of the Shire of Denmark were somewhat reliant of services and facilities in Walpole. Cr Thornton also thanked Cr Gillies for her support with the project.


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Mr Bill Plyley – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility Referendum) Mr Plyley noted that there had been much discussion regarding the proposal and that there were huge benefits associated with the Facility. Mr Plyley stated that there had been a huge amount of work and scrutiny to make sure that the long term running costs would be covered and that the referendum would determine whether the ratepayers were willing to pay for a pool. Mr Plyley noted that it was important that the right information was presented in the Referendum. Ms Wendy Edgley – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility Referendum) Ms Edgley stated that it was important that there was nothing in the Referendum paper that could lead the voter and requested some changes to the document. Ms Christine Randall – Item 8.5.1 (Indoor Heated Aquatic Facility Feasibility Referendum)

Ms Randall, President of the Denmark Aquatic Centre Committee Inc (DACCI), noted that she had been advocating for an Aquatic Facility in Denmark for some 20 years and that the members of DACCI had a shared vision for a facility.

COUNCIL RESOLUTION MOVED: CR HINDS SECONDED: CR GILLIES

That the meeting be adjourned for a recess, the time being 6.37pm.


7.33pm - The meeting resumed with all Councillors and Staff who were present prior to the adjournment. 8.4 Director of Finance & Administration

8.4.1 DENMARK TOURISM INC – REQUEST FOR LOAN FUNDS

File Ref: A3256 & Policy Manual

Applicant / Proponent: Denmark Tourism Inc.

Subject Land / Locality: Denmark



Author: Garry Bird, Director of Finance & Administration

Authorising Officer: Dale Stewart, Chief Executive Officer

Attachments: 8.4.1 - DTI Correspondence

Summary:

Correspondence has been received from Denmark Tourism Inc. (DTI) seeking loan funds of $14,762 from Council to fund the purchase of replacement information technology equipment at the Denmark Visitors Centre (DVC). The term of the loan is for 3 years. As there is no provision in the 2012/13 Municipal Budget for such a loan, an absolute majority decision of Council is required to amend the Budget. Background: The basis of the request from DTI is the formation of a new partnership with a software provider (Channel Manager) to provide a new online booking system with the aim of increasing DTI revenue and occupancy rates of local accommodation providers. In order to facilitate the transition to these new arrangements, the current equipment used by DTI staff requires updating, with no provision in the current DTI Budget to support such a purchase.


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As such DTI have requested the funds be loaned by Council, with all future purchases to be included in DTI’s forward budget estimates. DTI anticipate these new arrangements to improve their online presence and improve the financial viability of their operations. Comment:

Given the relatively small sum requested, if Council was to approve the request it is proposed that the funds be granted as a cash advance and not necessarily a self supporting loan where Council borrows the funds to assist. In effect we would grant the funds from the current budget and raise a debt for the sum to be repaid over the three year term requested. This would mean Council carrying the outstanding amount as a debt for this period, although due to the small sum involved, would not impact in any material way on Council’s financial position. This is a similar situation to an earlier “loan” provided by Council to the Denmark-Walpole Football Club for lighting improvements at McLean Park (current balance owing $30,349.59 and due to be repaid in full by 1 July 2020). Consultation: Denmark Tourism Inc. Statutory Obligations: Local Government Act 1995 Policy Implications: There are no policy implications arising from the Officers Report or Recommendation. Budget / Financial Implications:

An amendment to the Municipal Budget would be required to fund the request from DTI. It is suggested that an interest rate the same as what would be received in investment income be applied to the loan to reflect the loss of investment earnings by funding the loan from existing municipal funds. Council currently is receiving 4.35% on investments for 90 days, which would equate to an $2,011.45 to be repaid in addition to the principal amount of $14,762.00 (total debt owing $16,773.45). Strategic Implications: Tourism and visitor servicing are important strategic issues for the Shire of Denmark, given the importance of tourism to the local economy. Sustainability Implications: Environmental:

There are no environmental implications arising from the Officers Report or Recommendation. Economic:

Tourism is generally considered to be the main economic driver for the Shire of Denmark and the loan to improve online booking income will benefit the local tourism industry, especially accommodation providers. Social:

There are no social implications arising from the proposed loan arrangements.


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Voting Requirements:

Absolute Majority – Amendment to Municipal Budget.

OFFICER RECOMMENDATION ITEM 8.4.1

That with respect to the request from Denmark Tourism Inc. for a Council loan of $14,762 for a three year period to fund the purchase of replacement information technology equipment at the Denmark Visitors Centre, Council; 1. Advise Denmark Tourism Incorporated that is approves the request subject to the

repayment of principal at the interest rate of 4.35%, payable on a semi-annual basis, to reflect the loss of investment income by Council in funding this request; and

2. Amend the 2012/13 Municipal Budget as follows; a) Increase Expenditure Account No. 1327802 by $14,762 from $70,000 to

$84,762; b) Add new Income Account 1326683 Tourism and Area Promotions

Reimbursements with a budget value of $14,762; and

c) Note a Nil net impact on the 2012/13 Budget.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.1

MOVED: CR OSBORNE SECONDED: CR SAMPSON

That with respect to the request from Denmark Tourism Inc. for a Council loan of no greater than $15,000 for a three year period to fund the purchase of replacement information technology equipment at the Denmark Visitors Centre, Council; 1. Advise Denmark Tourism Incorporated that it approves the request subject to the

repayment of principal at the interest rate of 4.35%, payable on a semi-annual basis, to reflect the loss of investment income by Council in funding this request; and

2. Amend the 2012/13 Municipal Budget as follows; a) Increase Expenditure Account No. 1327802 by $15,000 from $70,000 to

$85,000; b) Add new Income Account 1326683 Tourism and Area Promotions

Reimbursements with a budget value of $15,000; and

c) Note a Nil net impact on the 2012/13 Budget.


REASONS FOR CHANGE Council added the words “no greater than” and amended the total figure from $14,762 to $15,000 in case the actual cost was less than $14,762.


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8.4.2 ADOPTION OF 2012/13 BUDGET REVIEW

File Ref: FIN.9

Applicant / Proponent: Not applicable

Subject Land / Locality: Denmark



Author: Garry Bird, Director of Finance and Administration


Attachments: 8.4.2 - 2012/13 Budget Review

Summary:

To consider and adopt the Budget Review as presented in the Statement of Financial Activity for the period 1 July 2012 to 31 January 2013. Background: A Statement of Financial Activity incorporating year to date budget variations and forecasts to 30 June 2013 for the period ending 31 January is presented for council to consider. The Local Government (Financial Management) Regulations 1996, regulation 33A as amended, requires that local governments conduct a budget review between 1 January and 31 March in each financial year. A copy of the review and determination is to be provided to the Department of Local Government within 30 days of the adoption of the review. A summary of the recommended changes is included within this Report. It should be noted that the Budget Review does not contain an amendment to provide for the intended Aged Housing Forum, as requested by Council at its meeting of the 22 January 2013, due to the fact that the forum is intended to be held by the Seniors Advisory Committee in mid August 2013. Indicatively the Advisory Committee expects approximately 100 – 150 participants for a forum commencing at approximately 9am and concluding at approximately 4pm with guest speakers, morning & afternoon tea, together with a light lunch based on a minimal, if any, registration fee. The indicative cost for the event is $8,000 and will need to be included in the 2013/14 Budget given the event will be planned prior to the adoption of that Budget. Comment: The budget review has been prepared to include information required by the Local Government Act 1995, Local Government (Financial Management) Regulations 1996

and Australian Accounting Standards. Council adopted a 5% and a $5,000 minimum for the reporting of material variances to be used in the statements of financial activity and the annual budget review. In accordance with this Resolution, the following comments are made in regards to significant amendments proposed;

Acc# 1420132 Computer Maintenance increased expenditure $10,000

Major rebuild of server required due to power issues. Insurance claim to be submitted to recoup some of the costs.

Acc# 1510082, 1520082 & 1530082 Rangers Salaries increased expenditure $28,300

Increased expense as a result of leave payouts for staff and increased use of ranger’s salaries. Responsible Director has identified savings within Directorate


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budgets to fund this overrun (Refer to Budget Amendments with Budget review Report).

Acc# 1028432 Peaceful Bay Refuse Site increased expenditure $13,770

Increased contract costs – service to be tendered in coming months.

Acc# 1040082 Salaries Planning reduced expenditure $10,000

Savings in salaries arising from vacant position for part of year.

Acc# 1047403 Planning Application Fees increased income $11,500

Increased planning fees due to several large applications.

Acc# 1211033 Denmark Aquatic Centre Contribution reduced income $80,000

DACCI contribution to Reserve now being held by DACCI, corresponding saving in Transfers to Reserve (see Account 9500021).

Acc# 1151023 Grants – Old Hospital increased income $90,000

CRC Grant for Old Hospital brought to account, reflected in increased expenditure on project (see Account 1151004).

Acc# 1226503 Engineering Supervision Fees reduced expenditure $20,000

Reduced subdivision activity resulted in less income for supervision of infrastructure construction.

Acc# 1322002 Peaceful Bay Water Supply reduced expenditure $11,000

Replacement of water filters deferred for one year to fund additional ranger’s salaries.

Acc# 1337553 Building License Fees reduced income $20,000

Reduced building activity reflected in license fees received.

Acc# 1430082 Salaries Engineering reduced expenditure $30,000

Savings in salaries arising from vacant position for part of year.

Acc# 1450803 Diesel Fuel Rebate increased income $15,000

Percentage of rebate increased effective 1 July 2012.

Acc# 1421004 Photovoltaic System Upgrade reduced expenditure $23,000

Savings in budgeted cost due to price reduction, corresponding reduction in amount of loan to be raised to fund purchase and installation.

Acc# 1131154 Rivermouth Floating Jetty reduced expenditure $10,429

Amount of carryover expenditure from 2011/12 year greater than originally anticipated.

Acc# 1220104 Commuter Carpark increased expenditure $6,000

Unbudgeted works required to complete carpark, including signage.


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Acc# 1361004 Parry Beach Carpark increased expenditure $40,000

Increased scope of works (sealing of road) and changes to design resulting in budget overrun. Offset by increase in transfer from Parry Beach Reserve Fund (see Account 9500021).

Acc# 9500021 Transfer to Plant Replacement Reserve reduced expenditure $21,740

Reduce amount of transfer to $303,260 to fund budget shortfall and restore estimated end of year position to $0.

Consultation:

All senior staff have been invited to contribute to the review. Statutory Obligations:

Local Government Act 1995 section 6.2 Municipal Budget Local Government (Financial Management) Regulations 1996 Regulation 33A

Regulation 33A. Review of budget

(1) Between 1 January and 31 March in each financial year a local government is to

carry out a review of its annual budget for that year.

(2A) The review of an annual budget for a financial year must —

a) consider the local government’s financial performance in the period beginning

on 1 July and ending no earlier than 31 December in that financial year; and

b) consider the local government’s financial position as at the date of the review;

and

c) review the outcomes for the end of that financial year that are forecast in the

budget.

(2) Within 30 days after a review of the annual budget of a local government is

carried out it is to be submitted to the council.

(3) A council is to consider a review submitted to it and is to determine* whether or

not to adopt the review, any parts of the review or any recommendations made in

the review.

*Absolute majority required.

(4) Within 30 days after a council has made a determination, a copy of the review

and determination is to be provided to the Department.

Policy Implications:

There are no policy implications. Budget / Financial Implications:

The 2012/13 adopted Municipal Budget provided for a small estimated end of year surplus of $0. Subsequent budget amendments approved by Council after adoption, has not changed this estimate (see Note 5 to Monthly Finance Report). Assuming Council accepts the Officers recommendation to amend the budget as per the attached summary, the net impact on the end of year position would result in the end of year estimate of $0 to be maintained. Strategic Implications: There are no known significant strategic implications relating to the report or the officer recommendation.


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Sustainability Implications: Environmental:



There are no known significant social considerations relating to the report or officer recommendation. Voting Requirements:

Absolute majority.

7.45pm – Cr Sampson left the room. 7.46pm – Cr Sampson returned to the room.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.2 MOVED: CR MARSHALL SECONDED: CR SAMPSON

That Council adopt the 2012/13 Budget Review, including endorsement of proposed amendments to the 2012/13 Municipal Budget as detailed in the attached Review, and resulting in a projected end of year position of surplus funds totalling $0 and authorise the CEO to commit up to $8,000 towards the conducting of an Aged Housing Forum in Denmark scheduled for August 2013.



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8.5 Chief Executive Officer

8.5.1 INDOOR HEATED AQUATIC FACILITY FEASIBILITY REFERENDUM

File Ref: A3035

Applicant / Proponent: Shire of Denmark

Subject Land / Locality: Recreation Centre / McLean Oval Complex



Author: Dale Stewart, Chief Executive Officer

Authorising Officer: Dale Stewart. Chief Executive Officer

Attachments: 8.5.1 a) – Chief Executive Officers Aquatic Centre Decision Tools 8.5.1 b) – Draft Referendum 8.5.1 c) – Bollig Design Group & Pixeltrix

Summary:

This report discusses the format and content of the proposed Denmark Aquatic Centre referendum of ratepayers initially proposed by Council at its meeting of 18 December 2012. The report was not prepared for the February Meeting of Council (as requested by Council) due to a request by the Denmark Aquatic Centre Committee Inc. (DACCI) to delay the matter pending receipt of the presentation by the Architect to that Committee and thereafter the Council, which occurred on the 12 February 2013, together with that fact that the Regional Development Australia announcement of approved applicants to progress to the next round (‘Round 4’) did not occur until 13 February 2013, being a day after Council was scheduled to meet to approve the proposed referendum. The result of this announcement would have had a significant effect on the funding options mentioned in the preamble to the referendum were it to have been successful. Background:

Council at its meeting of 21 December 2012 resolved pursuant to Resolution number 171212;

“1) That Council confirms that it acknowledges the need for an Aquatic Centre for Denmark and in order to facilitate both its eventual construction and to guide its future planning, resolves the following mutually inclusive principles;

a) That the facility should be located adjacent the existing McLean Park Recreation Centre;

b) That the loan funds (debt) that Council is prepared to borrow to fund the facility is limited to an indicative maximum of $1,000,000;

c) That the maximum debt service ratio percentage that Council is prepared to be required to service is 8%, to be calculated inclusive of the proposed loan for the facility, at the time that the Council needs to borrow that loan;

d) That the maximum total construction cost of the facility, inclusive of all necessary servicing, car parks and structural alterations to the existing facilities and services at McLean Park at the time of the proposed construction, is limited to $9,300,000 plus GST, if there is an approved 2013 Federal Government Grant of at least 50% of this total, or alternatively only $8,300,000 plus GST (plus price adjusted from 2012 dependent upon when the facility is to be constructed), should the current Federal Government Grant application not be successful;

e) That the primary purposes of the facility are for servicing the needs of recreational program activities, learn to swim, hydrotherapy and competitive swimming.

f) That Council’s contribution to the construction of the facility net of loan funds raised for the purpose, community contributions/donations and Government Grants raised or approved specifically for the purpose, (including the Country Local Government Fund) (ie the construction cost shortfall that would need to be funded from rates) is to be predominantly funded from an annual accumulation (into the existing Aquatic Centre Reserve Fund) of a proposed specific rate


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increase in addition to any normal identified annual rate increases, if approved by a referendum of ratepayers.

g) That the deemed average life of the Aquatic Centre comprising its buildings, plant & equipment, for the purposes of determining depreciation is 30 years.

h) That Council require at least 50% of the deemed depreciable value of the facility to be cashed annually and to be placed in a suitable reserve for the purposes of ongoing maintenance and refurbishment (the Aquatic Facility Development Reserve).

i) That Council does not consider that any funds should be allocated to the construction of the facility from the existing Land & Buildings Reserve.

j) Assuming the Country Local Government Fund (CLGF) still exists at the time of the decision to proceed to construction of the facility, that Council agrees to consider half of the entire allocation (50%) of two (2) successive years of its ‘as of right’ allocation (if any) together with its ‘share’ of the ‘competitive component’ of the grant, towards the construction of the facility over two financial years, noting that this would require the support of the City of Albany (and / or other regional partners at the time), together with the approval of the Great Southern Development Commission and Department of Regional Development and Lands. The indicative allocation of total funds over two years under consideration by this part is approximately $1,100,000 (based on 2012 figures).

2) That Council propose to conduct a referendum of ratepayers (only) in the first quarter of Calendar year 2013, seeking an indication of the ratepayers preparedness to accept a one-off permanent rates increase in the 2013/14 financial year in addition to any normal identified rates increase for 2013/14) to enable the construction of an indoor heated aquatic centre (over an indicative 3-6 year time frame) subject to that rates increase also being sufficient to meet the projected annual ongoing operating shortfall. The details of the proposed question(s) and community consultation plan, that would define how the referendum is to be conducted, is to be developed by the Chief Executive Officer who shall liaise with the Denmark Aquatic Centre Committee Inc. (DACCI) and present that detail to the Council Meeting of February 2013 for consideration.

3) That Council thank the Denmark Centre Project Team, the Director of Community & Regulatory Services and the Director of Finance & Administration for their efforts in scoping and overseeing the Coffey Consulting Feasibility Study, DACCI’s Alternate Model and Finances costings to Council.

4) That the Denmark Centre Project Team be wound up and replaced with a Denmark

Aquatic Centre Development Steering Committee consisting of two Councillors, two staff and two DACCI representatives if Council, after considering the outcome of its ratepayer consultation, chooses to proceed with the project.

5) That Council thank DACCI for the large amount of work that it has put into the

development of the Alternate Model and for the contribution that it has made to the aquatic facility discussion.

6) That Council advise DACCI that is does not support the concept of a regressive flat

tax model for funding the construction of community infrastructure as it is contrary to Australian taxation norms and is not likely to be approved by the Minister for Local Government.

7) That Council advise DACCI that its research indicates that a Council owned aquatic

facility would not be able to obtain Deductible Gift Recipient (DGR) status.

8) That Council endorses the report titled “Shire of Denmark 2011 Financial Assessment – Aquatic Facility Feasibility Report” as a reasonable representation of typical local government aquatic facility operating and funding costs of the type of facility that has been identified in the 2010 Coffey Report.


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9) That Council endorses the Aquatic Facility Risk Assessment that was prepared by

the Director of Finance & Administration with the assistance of the Denmark Aquatic Centre Project Team and Morrena Parrella of WALGA as fair and reasonable analysis of the cost and financial risks of providing for Denmark an aquatic facility of the type envisaged in the CCA Report 2010.

10) That Council notes that it has considered the following documents as part of the

decision making process: a) Mumford Report 2006 b) Powell Needs Analysis 2009 c) Coffey Report 2010 d) Interim Working Group Report 2011 e) Aquatic Facility Risk Assessment 2011 f) Shire of Denmark Financial Assessment – Aquatic Facility Feasibility Report g) DACCI’s “Alternative Models” h) Decision Space document i) Financial Scenarios & Aquatic Centre Decision Making Tools Spreadsheet.

11) Consider the amendment of the objectives stated in the 2012/13 Municipal Budget,

of the recently established “Aquatic Facility Development Reserve”, from the following purpose “The development of an Aquatic Facility” to “The development of an Aquatic Facility and once constructed its ongoing maintenance and refurbishment” in the 2013/14 Municipal Budget.”

A significant announcement, post this resolution that impacts on the proposed referendum was advice of the Regional Development Australia (RDA) Round 4 successful applicants to progress to the next level of rigour and assessment. The Denmark Aquatic Centre Application, prepared by DACCI, but auspiced by the Council, was highly regarded by the Regional Panel (based in Albany), however verbal advice received was that the application was not as strong as others when assessed on whether the community / Council was fully committed, without the results of the referendum to hand. Whilst unfortunate in terms of the progress of this particular grant application, the officer’s view is that this result is neither unexpected nor unreasonable. The Regional body and Federal Department (and Minister and Government), needs to ensure that the community and Council are fully committed to a project before they would consider funding contributing to such a large project ($4.5m was requested towards the anticipated $9.3m project). The issue was predominantly one of ‘timing’. That is not to say that were the results of a referendum to be clear in support of the project and thereafter the Council was equally clear in progressing to the next stage – that a subsequent application would be successful. It would inevitably depend on a range of factors including the available funds, the competition, both regionally and nationally and ‘politics’. This issue is again discussed later (under comments) as it inevitably will be debated in relation to the likelihood of success that one should communicate to the ratepayers when informing them of the likely scenarios in funding the construction of the project.

Comment: The attached draft Referendum is intended to comprise the following elements;

Personally Addressed envelope to the first registered ratepayer

Shire President Introduction

Preamble

Architects Impressions

Frequently asked questions style

Separate Ballot Paper

Reply paid envelope


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Any remaining debate from DACCI that has not been able to be agreed by consensus through the consultations of the last month, will, in the opinion of the author, centre predominantly upon two core elements, the content of the preamble (the ‘numbers’, years and ‘time’) and the question(s) itself. The CEO is however of the opinion that the numbers and strategy of financing the Aquatic Centre is realistic and reasonable based on the various documents Council has previously been provided with and which has been generated either by DACCI, the various consultants employed by Council / DACCI / DSR over the years, officers reports and indeed the latest information from DACCI’s recently appointed Architects Bollig Design Group, Pixeltrix and Quantity Surveyor (QS) assessment. The ‘pillars’ that help define what, in the opinion of the author, needs to be in the information from Council that goes to the ratepayers (the voters) include the following facts and or assumptions;

That the build cost for the proposed aquatic centre that DACCI has designed, as the minimum type of facility required, utilising a respected facility Architect, is estimated by the Architect’s QS to be $8,300,000 (in 2013 dollars) plus GST.

The Architect has stated that one should exercise care when tempted to look for ‘savings’ from individual items in the QS breakdown of costs and look at the ‘bottom line’ for the realistic outcome.

That the build cost does not take into account price escalation, noting the facility would take two years from advice of success of any grant, with the earliest State Government Grant possible for the project, being available from 1 July 2015 (2.50 years, from the current cost estimate).

That the build cost does not take into account such things as power and sewer servicing to the site at McLean Park that could cost in the vicinity of, say $300,000.

That initial observations from officers of the Council to the latest DACCI concept indicates that there would need to be some modifications to the design that better integrates with existing facilities (dry side) that may have a negative influence on costs.

That initial observations from officers of the Council to the latest DACCI design include that the design does not provide for any ‘shallow’ water for toddlers and parents like one of DACCI's previous versions dated 11 December 2012 which had a toddler swimming area as well as the lap pool. The shallow end of the lap pool is indicatively least 1.4m deep which would not provide for a relaxing family environment for those families with young children. The design does on the other hand show a future zero depth, but outside, play area, not under main roof and not heated, which is estimated to cost approximately $350,000. This is not costed in stage 1 however.

The Council / DACCI / DSR funded Coffey Report (2010) estimated the cost of the proposed recommended (smaller) facility at $7.97m noting this did not include car parking, nor fit out, nor services such as water/power/sewer upgrades to the site, or $8.17m for the traditional 25m design (which is consistent with the later design promoted by DACCI).

That the DACCI designs and estimates provided to Council dated 11 December 2012 included a program pool and lap pool similar to that provided by the Bollig Design Group and one of which included a toddlers pool as a variation, included cost estimates for the proposed construction between $4.8m and $6m.

That the Council was not successful with its RDA round 4 grant from the Federal Government for $4.5m.

That there will be a similar round (5) in approximately September 2013.

That the QS has only allocated 5% contingency (not a large amount on a public works infrastructure project the largest the Shire would have undertaken).

Estimated escalation costs for building works of this nature are generally in the order of 5% pa. Bollig Design Group and Howard Heaver estimate that for the next year or 2, it looks likely that the escalation will be lower than that – say 2%.


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In out years (3+) however the Author is of the opinion that one should allow closer to 5% pa.

That the maximum debt for the facility is $1.2m (allowing for some income growth).

That the maximum Country Local Government Fund (CLGF) available for the project will be $1.2m (allowing for some income growth).

That the Operating deficit is fixed at 2010 dollars for simplicity of the argument (similarly the entry charges aren’t altered) and is $534k, being $310k plus debt service ($70k) plus 50% of the depreciation ($154k) and discounting the equipment and building maintenance averaged over 5 years. This estimate is based on that recommended by the Director of Finance & Administration in his modelling and accepted by the Council at its meeting of December 2012 (the conservative estimate). If the Directors 'realistic' estimate was to be used the figure would be $434k ($210k, $70k, $154k) noting that the Director and author recommend against using a ‘realistic’ assumption for either of the purposes of financial modelling or consultation with the community.

That the time to construct the facility would be at least 2 years from the receipt of the ‘last’ required grant, which would at the earliest, be 2 years from July 2013 (thus a facility would not be physically completed less than 4 years from July 2013).

One cannot commence a grant funded project with only ‘some’ of the grants expected / required, approved, lest you become ineligible for the grant when (if) you are eventually successful (with that grant).

That the rates increase proposed in 2013/14 generate a fixed dollar amount and this is the premise in the financial models as the amount that is maintained as the minimum annual contributed by Council from rates each year added to by the interest earnings that the ‘fund’ (Reserve Accumulation) has earned.

The conclusions that the author draws from the above is that;

The Council must be conservative with its ‘numbers’ and not be persuaded to go with what will promote construction of the facility but run the risk over not managing community expectations.

The QS 2013 build cost does not take into account the likelihood of escalation and the likely build year.

In the opinion of the officers and author, the design has some limitations which the officers believe would require modifications that would have a negative impact on cost for it to be the facility that the Council and community would be proud of and enjoy from day one. The officer suggests therefore that the QS figure of $8.3m (2013) for the purposes of the referendum be designated as $8.3m + $300k (services) + say $500k minimum for the addition of a small toddler’s pool (or $350k for cold water / outdoor zero depth) + a low 3% pa cost escalation (discounted by the accumulation of income into the Reserve Fund and allowing for some increase in grants noted above) for each year beyond 2013 (This would equate to $9.9m for an estimated earliest start year 2016 with Federal grant and $11.8m for an estimated start year of 2022 (9 years) for example).

That the annual operating deficit of a facility with a construction cost of $9.3m will be $534k, inclusive of debt service, maintenance, initial and 5 year average refurbishment and depreciation (based on the conservative approach).

That the rate increase to service the annual predicted conservative operating facility deficit on 2012/13 rates for the purposes of the referendum is recommended to be 11.45% (noting that the 2013/14 rate increase to accommodate normal inflationary pressures would be added to this).

That with the low estimate of likelihood of Federal capital grants, the only variable that must ‘give’ is ‘time’. In other words if one does not receive the ‘needed’ capital grant from the Federal Government, the Community/Council have to wait a predicted 9 years prior to be able to finance the facility from the rate increased if commenced in 2013/14.


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The following table explains the calculation of the build cost in different years.

Build Cost (ex

GST)

Years to Build (from 2013)

Conservative escalation @ say

3% pa

2013 Bollig Design per QS $8,300,000

add services $300,000

add basic toddler pool $500,000

Total @ 2013 $9,100,000

2014 $9,373,000 1 1.0300

2015 $9,654,190 2 1.0300

2016 $9,943,816 3 1.0300

2017 $10,242,130 4 1.0300

2018 $10,549,394 5 1.0300

2019 $10,865,876 6 1.0300

2020 $11,191,852 7 1.0300

2021 $11,527,608 8 1.0300

2022 $11,873,436 9 1.0300

2023 $12,229,639 10 1.0300

2024 $12,596,528 11 1.0300

2025 $12,974,424 12 1.0300

Consultation:

The CEO and Director of Community & Regulatory Services have met with representatives of DACCI, together with Councillors Lewis and Sampson on four separate occasions, and with Cr Syme on one of those occasions, in the past month in liaising regarding the provision of information assisting in the preparation of this report, the methodology intended for the referendum, the drafting of the Shire Presidents introductory letter, style and content of the preamble and the question(s) itself. It is the officers view that that there was general consensus about the proposed methodology and general content, with the CEO reserving to right to ensure that he was only prepared to put before Council for deliberation, ‘numbers’ that he believed were fair and reasonable - from the perspective of ensuring that the voter (the ratepayer) was fully informed as to the likelihood and intentions of Councils as to the scenarios provided (in the preamble/question(s)). The challenge in the opinion of the CEO, is that the importance in the referendum preamble and question(s) itself are such that one cannot, under any circumstance, lead the Council liable to criticism after the event, that the content of the preamble was anything other than clear and concise as to the likely scenarios that would be reasonably achievable or at least ‘realistic’ (with the best of intentions and knowledge to hand). The content of the preamble has also significantly been based around the agreed parameters contained in the officer’s report to December 2012 and the resulting Council resolution. There may possibly remain debate from DACCI’s perspective about the predicted operating deficit to be utilised for the referendum, and resultant percentage rate increases required to fund that deficit, together with the words in the preamble explaining the likelihood of Federal or other government grants that suggest the aquatic facility will likely be built sooner than the officers are prepared to acknowledge as being likely or reasonable. That is for Councillors to debate with officers of the view that one must exercise a realistic to conservative ‘range’ approach (rather than for example arguments that may be perceived as a ‘range’ of unrealistic to optimistic).


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Given the significant work that has gone into the various background papers and due diligence over many years, by consultants, officers and not least of all DACCI, the CEO is confident that the process that has led to this occasion has been extremely rigorous and defendable. The Consultation proposal relating to the referendum itself is as follows;

Introductory letter from the Shire President.

Referendum preamble.

Ballot Paper with prepaid postage envelope.

Personally addressed to the first registered ratepayer of all rateable properties of the Shire.

3 week advertising period until close of ballot papers with papers printed such that they have a minimum of 21 days closing at 4pm on Friday 5 April (allowing time to submit to Council on the meeting of 16 April).

Information on the Council website including all background papers and reports.

Advertisement in the Denmark Bulletin and Walpole Weekly at the commencement of the voting period encouraging ratepayers to ‘have their say’ and to encourage residents (no ratepayers) to find out more via the Council’s website section dedicated to the issue.

Reception Room ‘Q&A’ information night advertised for holding at the start of the voting period.


The rules governing the conduct of referendums is covered under the Local Government (Election) Regulations 1996. These laws states that given the Council is not conducting the referendum during an election for elected members, that the local authority can determine its own procedures (rules). Policy Implications:

Policy P040123 Community Consultation Policy maps out the parameters of that consultation process – refer Consultation for information regarding what is proposed in this regard.


The cost of the printing and stationary associated with approximately 4,000 ballot papers with replay paid envelopes and water marked ballot papers will be approximately $4,000, funded from Councils existing postage, printing and stationary budgets. The cost of administering the referendum will be in-house and negligible with the count expected to be over within one hour of the close of the poll. If Council wished to outsource the cost of running the referendum to a local contractor including the cost of receiving ballot papers and processing, it would be expected to cost approximately $3,000. The WA Electoral Commission would cost considerably more.

Strategic Implications:

The question of whether to proceed to fund, construct and operate a heated aquatic centre, needs to be dealt with by the Council to give conclusion to the ‘conversation’ in the community that has existed for many years. The results of the referendum, if clear, should assist Council in arriving at a decision that is based on the views of those that are required to wear the ‘lions share’ in financing both its significant construction and ongoing operating deficit – the ratepayers.

Sustainability Implications: Environmental: There are no known environmental conditions in relation to the conduct of the proposed referendum other than the intent to utilise recycled paper for envelopes and stationary where practical without compromising quality.


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Where practical the Councils administration purchases recycled products for stationary supplies noting the particular peculiarities of certain photocopiers and printers. It is envisaged that a professional printer will be engaged to ensure that the documents are both professionally prepared and not able to be photocopied. Economic: There are no known economic considerations relating to the conduct of the proposed referendum.

Social:

There are potentially social considerations from the decision to ‘qualify’ respondents to the proposed referendum. The decision has already been made (but can be altered) in relation to only permitting ratepayers to participate in the referendum however the question of how many votes per property needs to be discussed. If it is agreed that only ratepayers should be eligible to vote, then how many votes should there be per rateable property if there are more than one owner? Should the owner of a rateable property that pays rates at twice the value of the next ratepayer be entitled to a greater number of votes – for example the principle of one vote per $1 of rates paid (in an extreme example?). The CEO and Director of Community & Regulatory Services canvassed these options with the DACCI representatives and on balance it was generally agreed that the fairest methodology was that each rateable property should be entitled to only one vote and that each vote should be of equal value. Having said that it was also generally acknowledged that if a landowner owned more than one property (either in different wards and or within the same ward); they should be entitled to one vote per property that they owned. All of these options are permissible as the Council is not conducting the referendum at the same time as an ordinary or extraordinary elected member election. On this scenario suggested, there would be approximately 3,839 eligible votes sent out. For information – at 31 January 2013, 1605 properties had a single landowner, 2234 properties had 2 or more ratepayers. Therefore if every owner was entitled to vote there would be in the order of 6500 eligible votes. The officer is of the view that the results of the referendum would not be unduly swayed (either way) if Council allowed all owners to votes, but it would cost double in terms of the postage and stationary. Conversely if the Council was inclined to allow each landowner the right to vote, it would have the effect of treating a sole ratepayer as having 50% of the entitlement of vote to that of a dual owner (when they paid the same value of rates). This argument, of why it is recommended that only the first registered owner be entitled to vote, is recommended to be explained in the preamble (eligibility for voting). As far as other matters it is recommended that the voting be by post with reply paid envelopes and specially printed water marked ballot papers (to avoid photocopying). General background literature, including all of the previously mentioned reports and literature including the latest architectural designs (with permission of the Architects) is intended to be made available on the Councils website for not just ratepayers that are encouraged to vote, but the community in general. The CEO also discussed with DACCI and the Councillors present the options regarding ‘recording’ the voters ‘status’ in terms of resident or non-resident and it was determined that the concept of knowing whether the voter was ordinarily resident or non-resident was not required to assist Council in assessing the ‘merits’ of voters intentions on that basis. To achieve that would require the ballot paper to be either altered to require the voter to state their status (which is open to not being used) and or the ballot paper for non-residents being a different colour (for example). The Author was (and is) of the view that, if the Council was to ask that question, it gives the impression to the voter that the Council is more inclined to give greater weight to ‘local’ ratepayers, than non-local ratepayers and that this would be a negative connotation to the non-resident ratepayer


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and not worth the associated political or credibility ‘risk’ to either the Council and or the referendum. Similarly, discussion occurred on whether the Council should seek guidance on where the voter owned property, in which ward or locality for example. On balance the view was that the location of the property that the ratepayer was again irrelevant and implied that the Council might somehow weight people’s votes from one locality or ward differently to another. So – to be clear – the referendum is only intended to answer the question of how many of the 3839 voters wish to have a say and what is it that they say (yes or no - to the question(s)). If Councillors seek additional information it needs to be structured on the ballot paper and or on the process of recording votes received.

Voting Requirements:

Simple majority.

COUNCIL RESOLUTION MOVED: CR SEENEY SECONDED: CR MARSHALL

That Standing Orders be suspended to enable discussion of Item 8.5.1.


9.00pm – The Director of Infrastructure Services, the Director of Finance & Administration and the Director of Planning & Sustainability left the room and did not return.

9.23pm – Cr Marshall left the room.

9.25pm – Cr Marshall returned to the room.

9.44pm – Cr Sampson left the room.

9.45pm – Cr Sampson returned to the room.

9.55pm – Cr Gillies left the room.

9.56pm – Cr Gillies returned to the room.

10.39pm – Cr Lewis & Cr Hinds left the room.

10.41pm – Cr Lewis returned to the room.

10.42pm – Cr Hinds returned to the room.

COUNCIL RESOLUTION MOVED: CR MORRELL SECONDED: CR MARSHALL

That Standing Orders be resumed.


COUNCIL RESOLUTION MOVED: CR HINDS SECONDED: CR SYME

That Item 8.5.1 be adjourned for consideration by Council at its next meeting to be held on Tuesday, 26 March 2013.

LOST: 4/8 Res: 120313


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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.5.1

MOVED: CR MORRELL SECONDED: CR OSBORNE

That Council authorise the CEO to proceed with a referendum of ratepayers to assist Council determine a position on whether to proceed with the proposed Denmark Aquatic Centre on the following basis; 1. Advertising of the referendum in the Denmark Bulletin and local media making

persons aware of the voting deadlines and background content on the Council’s website.

2. The Referendum content to be principally in keeping with the draft documents provided to this meeting including the following specific parameters; a) A predicted operating deficit of $534,000 pa, inclusive of debt service,

depreciation and maintenance; b) A rate increase requirement of 11.45% above the normal that might be

expected in 2013/14 to service the predicted operating deficit; c) A planned build date of 2022 if significant Federal Government grants are not

attained prior. 3. The Referendum closing on the 5 April 2013 at 4pm and being sent to the first

registered owner of each rateable property registered as the owner as at the 5 March 2013 with a reply paid envelope.

4. The referendum being addressed to the first registered owner of all rateable properties of the Shire with landowners entitled to one vote per property that they own.

5. The Ballot paper being specifically water marked to prevent duplication and replacements for spoilt ballot papers only being provided upon return of the spoilt original or a statutory declaration by the ratepayer that did not receive the ballot paper(s).

6. The CEO being the appointed Returning Officer with responsibility for operational decisions in relation to the fair conduct of the referendum such as the location of ballot boxes, their security, the count, determining the validity of voters intentions and declaring and publishing of the result.

7. That the Council advertise that an information evening will be held at the commencement of the voting open period in the Councils Reception Room.

AMENDMENT MOVED: CR LEWIS SECONDED: CR HINDS

That the figure of $534,000 be replaced with the figure $465,000, the planned build date be amended from “2022” to “2024” and the percentage be reduced from “11.45%” to “9.95%”.

LOST: 3/9 Res: 130313

THE ORIGINAL MOTION WAS THEN PUT & CARRIED: 9/3 Res: 140313

Cr Marshall requested that all Councillors’ votes on the above resolution be recorded. For: Cr Marshall, Cr Rowland, Cr Morrell, Cr Thornton, Cr Pedro, Cr Gillies,

Cr Sampson, Cr Seeney, Cr Osborne. Against: Cr Syme, Cr Lewis & Cr Hinds.


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COUNCIL RESOLUTION MOVED: CR SYME SECONDED: CR LEWIS

That the CEO make available to the Denmark Aquatic Centre Committee Inc. (DACCI) a database containing the names and addresses of those who will be provided a Ballot Paper on the Referendum to be used for the sole purpose of promoting the Referendum.

AMENDMENT

MOVED: CR OSBORNE SECONDED: CR MARSHALL

That after the word “DACCI” the words “and other groups and/or individuals interested in the Indoor Aquatic Centre” and the addition of the following words at the end of the sentence, “subject to the CEO being satisfied that it is in accordance with the Local Government Act 1995 and associated Regulations.”


AMENDED MOTION

That the CEO make available to the Denmark Aquatic Centre Committee Inc. (DACCI) and other groups and/or individuals interested in the Indoor Aquatic Centre a database containing the names and addresses of those who will be provided a Ballot Paper on the Referendum to be used for the sole purpose of promoting the Referendum, subject to the CEO being satisfied that it is in accordance with the Local Government Act 1995 and associated Regulations.

THE AMENDED MOTION THEN BECAME THE SUBSTANTIVE MOTION WHICH WAS PUT & CARRIED: 12/0 Res: 160313


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9. COMMITTEE REPORTS & RECOMMENDATIONS

9.1 BUSH FIRE ADVISORY COMMITTEE - VEHICLE AND HARVEST MOVEMENT BANS

File Ref: FIRE.1

Applicant / Proponent: Bush Fire Advisory Committee

Subject Land / Locality: Shire of Denmark


Date: 8 January 2013

Author: Nathan Hall, Community Emergency Services Manager

Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services

Attachments: No

Summary:

This report discusses the need for the Denmark Council to consider adopting the draft procedure that has been recommended from the Bush Fire Advisory Committee (BFAC) to assist in ensuring that the Shire of Denmark meets it statutory obligations under the Bush Fires Act 1954. Background:

Last year the draft procedure regarding the implementation of Vehicle and Harvest Movement Bans was trialled by the Community Emergency Services Manager and the local bush fire brigades. Having found the system to be effective over the past year the Bush Fire Advisory Committee passed the following recommendation at its December 2012 meeting to seek the Council’s support to have the procedure adopted as a Shire of Denmark Emergency Management Standard Operating Procedure. “That the officer recommendation be amended by replacing a fire GFDI of 32 with a GFDI rating of 20 (will not reach 20 or higher for the day). That Council adopt the following SOP as an Emergency Management Standard Operating Procedure for the Shire of Denmark; Under section 24C of the Bush Fire Regulations 1954 the Shire of Denmark through its Fire Control Officers (FCO) is able to enforce a Vehicle and Harvest Movement Ban if, they are satisfied that the use or operation of any engine, vehicle, plant, equipment or machinery in the area during the period to be specified as a vehicle and harvest movement ban that would be likely to cause a bush fire or contribute to the spread of a bush fire. Furthermore under section 24C (2) of the Bush Fire Regulations 1954, it is a requirement that a Vehicle and Harvest Movement Ban must be enforced by a FCO once the actual FDI reaches 35 or higher. For the Shire of Denmark to meet these requirements, volunteers with weather recording devices have been identified throughout the Shire at the following locations;

Peaceful Bay

Harewood

Carmarthen

Hazelvale and

Shire Office On days that are forecasted by the Bureau of Meteorology to be “very high”, GFDI 32, or above the Community Emergency Services Manager (CESM) is to request over the morning radio schedule that the above mentioned volunteers who monitor the weather devices report the temperature, wind speed and humidity at the following times via the WAERN radio;

0920hrs


45

1120hrs and

1320hrs.

The CESM will then record the reported weather details and work out the actual FDI for each area and discuss the findings with the Chief Bush Fire Control Officer and the Fire Weather Officer. If there is sufficient area of the Shire that has reached an actual FDI of 32 or higher a Vehicle and Harvest Movement Ban will be declared by the CESM. The CESM will then arrange for a notification to be sent to the ABC radio network and an SMS or email notification to be sent to people who have requested notification. Notification must be sent in writing to the following;

Shire of Plantagenet

Shire of Manjimup

City of Albany

Department of Fire and Emergency Services and

Department of Environment and Conservation. However, should one of the above assessments show that the actual FDI for the Shire will not reach 20 or higher for the day, no further weather assessments will be required. In this case the CESM will advise Fire Control Officers via the WAERN radio network. The times that weather details have been requested is that a Vehicle and Harvest Movement ban must be broad casted over the ABC radio network which only has 3 scheduled broadcasting times. The above mentioned times should allow sufficient time to meet these deadlines. A brief message will be broad cast over the WAERN radio network at the above times to advise Fire Control Officers that a ban has been enforced. The deadline for notifications to the ABC radio network is as follows with the notification being sent to [email protected];

0945hrs

1145hrs and

1345hrs. Note: It is not essential that all the weather recording locations supply a report. The current identified locations have been selected to provide a good coverage of the Shire of Denmark.”

Comment: Under section 24C of the Bush Fire Regulations 1954 the Shire of Denmark through its Fire Control Officers (FCO) is able to enforce a Vehicle and Harvest Movement Ban if, they are satisfied that the use or operation of any engine, vehicle, plant, equipment or machinery in the area during the period to be specified as a vehicle and harvest movement ban that would be likely to cause a bush fire or contribute to the spread of a bush fire. Furthermore under section 24C (2) of the Bush Fire Regulations 1954, it is a requirement that a Vehicle and Harvest Movement Ban must be enforced by a FCO once the actual FDI reaches 35 or higher. Having this procedure in place will ensure that the Shire meets its statutory obligations and allow for the local bush fire brigades and general public to be informed once a Vehicle and Harvest Movement Ban has been enforced. Consultation: The Community Emergency Services Manager has consulted with the Chief Bush Fire Control Officer in the development of this procedure which was trialled over the 2011/12 fire season and was found to be efficient and effective.

mailto:[email protected]


46


The Shire of Denmark has a statutory obligation under section 24C (2) of the Bush Fire Regulations 1954 that through one of its FCO’s a vehicle and harvest movement ban must be implemented within the Shire once the actual fire danger index reaches 35 or above. Policy Implications:

If Council resolve to adopt this procedure it will included in Council’s Policy Manual as a Shire of Denmark Emergency Management Standard Operating Procedure. Budget / Financial Implications:

There are known financial implications upon the Council’s current Budget. As technology has improved, effective communication methods to advise the public of a vehicle and harvest movement ban have become available such as SMS alerts. Through the use of the Telstra SMS Buddy system, members of the public that have requested notification via SMS can be informed if a ban has been implemented. This SMS notification would only add a minor cost increase of $0.16 per text. This notification method is currently being used in other local governments such as Albany and Plantagenet. Strategic Implications:

There are significant strategic implications relating to the report in that the effective and timely notification of a Vehicle and Harvest Movement Ban will allow companies/businesses to plan their operations and cease any work likely to cause a bush fire or contribute to the spread of a bush fire. Sustainability Implications: Environmental: There are environmental considerations relating to the report as it may prevent the cause of a bush fire or contribute to the spread of a bush fire which may in turn have a significant impact on the Denmark environment. Economic:

There are significant economic considerations relating to the report as the issuing of a vehicle and harvest movement ban may require companies/businesses to alter their daily work schedules. Social: There are no known significant social considerations relating to the report or officer recommendation. Voting Requirements: Simple majority.

COUNCIL RESOLUTION & COMMITTEE & OFFICER RECOMMENDATION

ITEM 9.1

MOVED: CR MORRELL SECONDED: CR MARSHALL

That Council adopt the following Standard Operating Procedure as an Emergency Management Standard Operating Procedure for the Shire of Denmark; Under section 24C of the Bush Fire Regulations 1954 the Shire of Denmark through its Fire Control Officers (FCO) is able to enforce a Vehicle and Harvest Movement Ban if, they are satisfied that the use or operation of any engine, vehicle, plant, equipment or machinery in the area during the period to be specified as a vehicle and harvest movement ban that would be likely to cause a bush fire or contribute to the spread of a bush fire. Furthermore under section 24C (2) of the Bush Fire Regulations 1954, it is a requirement that a Vehicle and Harvest Movement Ban must be enforced by a FCO once the actual FDI reaches 35 or higher.


47

For the Shire of Denmark to meet these requirements, volunteers with weather recording devices have been identified throughout the Shire at the following locations;

Peaceful Bay

Harewood

Carmarthen

Hazelvale and

Shire Office. On days that are forecasted by the Bureau of Meteorology to be “very high”, GFDI 32, or above the Community Emergency Services Manager (CESM) is to request over the morning radio schedule that the above mentioned volunteers who monitor the weather devices report the temperature, wind speed and humidity at the following times via the WAERN radio;

0920hrs

1120hrs and

1320hrs. The CESM will then record the reported weather details and work out the actual FDI for each area and discuss the findings with the Chief Bush Fire Control Officer and the Fire Weather Officer. If there is sufficient area of the Shire that has reached an actual FDI of 32 or higher a Vehicle and Harvest Movement Ban will be declared by the CESM. The CESM will then arrange for a notification to be sent to the ABC radio network and an SMS or email notification to be sent to people who have requested notification. Notification must be sent in writing to the following;

Shire of Plantagenet

Shire of Manjimup

City of Albany

Department of Fire and Emergency Services and

Department of Environment and Conservation. However, should one of the above assessments show that the actual FDI for the Shire will not reach 20 or higher for the day, no further weather assessments will be required. In this case the CESM will advise Fire Control Officers via the WAERN radio network. The times that weather details have been requested is that a Vehicle and Harvest Movement ban must be broad casted over the ABC radio network which only has 3 scheduled broadcasting times. The above mentioned times should allow sufficient time to meet these deadlines. A brief message will be broad cast over the WAERN radio network at the above times to advise Fire Control Officers that a ban has been enforced. The deadline for notifications to the ABC radio network is as follows with the notification being sent to [email protected];

0945hrs

1145hrs and

1345hrs. Note: It is not essential that all the weather recording locations supply a report. The current identified locations have been selected to provide a good coverage of the Shire of Denmark.


mailto:[email protected]


48

9.2 SENIORS ADVISORY COMMITTEE – 2013 COTA WA AGEING CONFERENCE

File Ref: SER.3

Applicant / Proponent: Seniors Advisory Committee

Subject Land / Locality: Not applicable



Author: Dale Stewart, Chief Executive Officer


Attachments: No

Summary:

The Seniors Advisory Committee has requested that Council fund the attendance of a member of the Seniors Advisory Committee to the Council of the Ageing (COTA) Western Australia Active Ageing Conference to be held on the 5 & 6 June 2013 in Fremantle, Western Australia. Background: The annual conference which began in 2011, was attended by the Chair of the Seniors Advisory Committee in 2011 and 2012 and is an excellent opportunity to network with a wide range of sectors on the issues relating to active ageing which can include health, fitness, community and aged care services. Comment:

At the Seniors Advisory Committee meeting held on the 7 February 2013 the following officer recommendation was made; “That the Committee endorse the attendance and the attendance fees for the Chair of the Shire of Denmark Seniors Advisory Committee at the 2013 COTWA Ageing Conference.”

The Committee however resolved as follows; “That the Seniors Advisory Committee recommend to Council that the attendance fees, travel and accommodation be provided by Council to permit a member of the Shire of Denmark Seniors Advisory Committee at the 2013 COTWA Ageing Conference.”

The cost of attendance would be approximately $850 which would include a registration fee of $295, 2 night’s accommodation and travel (fuel costs considered only as participant could possibly use a Council vehicle, subject to availability). Whilst there is a budget allocation for Elected Members attending training or conferences, no budget exists for the activities of the Seniors Advisory Committee or attendance by community members of any of Council’s Advisory Committees to attend meetings, or such conferences. Council has 14 Committees whose membership numbers vary. The Officer’s concerns with this request include the precedent of attendance by other Community Committee members, together with the need to provide for such attendance in the Council’s Annual Budget and for that reason the Officer does not endorse the Committee’s recommendation. Consultation:

Nil Statutory Obligations:

There are no statutory obligations other than ensuring that the Council has budgeted for the expenditure (Local Government Act 1995, Section 6.8).


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Policy Implications: There are no policy implications. Council does not have a policy on funding Committee members’ attendance, who are non-Councillors, to conference, training, workshops or the like. Budget / Financial Implications:

There is no allocation in the 2012/13 Budget for the registration, accommodation and travel of a Council Committee Member (non-Elected Member) to attend the 2013 COTA WA Active Ageing Conference. Should Council agree to fund a Committee Members attendance then an out-of-budget expenditure or reallocation from another identified account must be approved by an absolute majority decision of Council. Should Council wish to fund the attendance then a reallocation from Councillors Conferences attendance account 1410022 (Budget allocation $20,070, year to date spent $10,067 may be accommodated (via a Budget amendment). Strategic Implications:

There are no known strategic implications. Sustainability Implications: Environmental:



There are no known significant social considerations relating to the report or officer recommendation. Voting Requirements: Simple majority.

OFFICER RECOMMENDATION ITEM 9.2

That Council advise the Seniors Advisory Committee that whilst it supports the attendance of the Presiding Member (Chairperson) of that Committee at the 2013 Council on the Ageing (COTA) Western Australia’s Active Ageing Conference through the Budget allocation ‘Conference Expenses (Councillors)’, it does not have any Budgeted funds to pay for the attendance of an additional, non-Councillor, Committee Member.

COUNCIL RESOLUTION ITEM 9.2 MOVED: CR HINDS SECONDED: CR SYME

That the following recommendation be adopted; “That the Seniors Advisory Committee recommend to Council that the attendance fees, travel and accommodation be provided by Council to permit a member of the Shire of Denmark Seniors Advisory Committee at the 2013 COTWA Ageing Conference.”

CARRIED BY AN ABSOLUTE MAJORITY: 7/5 Res: 180313

REASONS FOR CHANGE The Council believed it was appropriate and would not set a precedent.


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10. MATTERS BEHIND CLOSED DOORS

Nil 11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE

MEETING Nil

12. CLOSURE OF MEETING 11.45pm - There being no further business to discuss the Shire President, Cr Ross 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: _________________________ These minutes were confirmed at the meeting of the Signed:

(Presiding Person at the meeting at which the minutes were confirmed.)

shire of denmark · 2018-06-20 · shire of denmark ordinary meeting of council held in the...

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