Shire of Denmark

ORDINARY (DECISION MAKING) MEETING OF COUNCIL

HELD IN THE COUNCIL CHAMBERS, 953 SOUTH COAST HIGHWAY, DENMARK ON TUESDAY, 27 APRIL 2011.

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Contents No. DISCLAIMER 2 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 3 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE 3 3. ANNOUNCEMENTS BY THE PERSON PRESIDING 4 4. PUBLIC QUESTION TIME 4 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4 4.2 PUBLIC QUESTIONS 4 4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 5 4.4 PRESENTATION, DEPUTATIONS & PETITIONS 5 4.4.1 DENMARK NURSERY & FLORIST – PARKING BAYS - PETITION 5 4.4.2 MR BOYD BROWN & MR STEVE NESTOR – TELSTRA COUNTRY WIDE 5 5. APPLICATIONS FOR LEAVE OF ABSENCE 6 6. CONFIRMATION OF MINUTES 6 6.1 ORDINARY COUNCIL MEETING – 19 APRIL 2011 6 7. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 6 7.1 COUNCILLOR NUMBERS 6 7.2 ROYAL WEDDING 14 8. REPORTS OF OFFICERS 16 8.1 Director of Planning & Sustainability 17 8.1.1 LIONS LOOKOUT VIEWING PLATFORM 17 8.1.2 REQUEST FOR COUNCILLOR NOMINATIONS TO THE GREAT SOUTHERN JOINT 19 DEVELOPMENT ASSESSMENT PANEL 8.1.3 SCHEME AMENDMENT REQUEST –PEACEFUL BAY STRUCTURE PLAN 24 8.1.4 INITIATION OF SCHEME AMENDMENT NO. 122 - LOTS BOUNDED BY MOUNT SHADFORTH 30 ROAD AND WARHAM ROAD, DENMARK. 8.2 Director of Community & Regulatory Services 42 8.2.1 UNBUDGETED EXPENDITURE FEAST NOT FIRE NIGHT 42 8.2.2 COMMUTER CARPARK/ VEHICLE SALE/GROWER‟S MARKET SPACE 44 8.2.3 PEACEFUL BAY WATER SUPPLY TANKS 48 8.3 Director of Infrastructure Services 50 8.3.1 PEACEFUL BAY FINGER JETTY INVESTIGATIVE STUDY 50 8.4 Director of Finance & Administration 52 8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MARCH 2011 52 8.4.2 DENMARK PISTOL CLUB (INC) – LEASE OF RESERVE 36044 55 8.4.3 PROVISION OF SBS FM RADIO SERVICE – GRANT FUNDING 59 8.4.4 DENMARK TOURISM (INC) – SUB-LEASE OF RESERVE 48198 61 8.5 Chief Executive Officer 64 8.5.1 POLICY MANUAL REVIEW – POLICIES P130301 TO P140401 64 8.5.2 DENMARK COTTAGE CRAFTS 67 8.5.3 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT 73 8.5.4 OLD HOSPITAL ADAPTIVE REUSE STUDY 76 9. COMMITTEE REPORTS & RECOMMENDATIONS 86 9.1 DISABILITY SERVICES COMMITTEE AND PATHS & TRAILS ADVISORY COMMITTEE 86 10. MATTERS BEHIND CLOSED DOORS 88 11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 88 12. CLOSURE 88

Ordinary (Decision Making) Meeting of Council 27 April 2011

Ordinary Council Meeting

27 April 2011

DISCLAIMER These minutes and resolutions are subject to confirmation by Council.

No responsibility whatsoever is implied or accepted by the Shire of Denmark for any act, omission or statement or intimation occurring during Council/Committee meetings or during formal/informal conversations with staff.

The Shire of Denmark disclaims any liability for any loss whatsoever and howsoever caused arising out of reliance by any person or legal entity on any such act, omission or statement or intimation occurring during Council/Committee meetings or discussions. Any person or legal entity who acts or fails to act in reliance upon any statement does so at that person‟s or legal entity‟s own risk.

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

Ordinary (Decision Making) Meeting of Council 27 April 2011

1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

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

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

MEMBERS PRESENT: Cr Ross Thornton (Shire President) Cr Ken Richardson-Newton (Deputy Shire President) Cr Phil Barnes (from 4.04pm) Cr Kim Barrow Cr George Ebbett Cr Adrian Hinds Cr Robert Laing Cr Dawn Pedro Cr Richard Phair Cr John Sampson Cr Alex Syme Cr John Wakka

STAFF: Mr Dale Stewart (Chief Executive Officer) Mr Garry Bird (Director of Finance & Administration) Mrs Annette Harbron (Director of Planning & Sustainability) Mr Gregg Harwood (Director of Community & Regulatory Services) Ms Claire Thompson (Executive Assistant)

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

ON LEAVE OF ABSENCE: Nil

ABSENT: Nil

VISITORS: Members of the public in attendance at the commencement of the meeting: 8 Members of the press in attendance at the commencement of the meeting: 1

DECLARATIONS OF INTEREST:

4.04pm – Cr Barnes entered the meeting.

Name Item Interest Nature No Cr Phair 8.1.3 Financial & Cr Phair owns land adjacent to the Proximity Peaceful Bay Structure Plan. Cr Thornton 8.4.2 Impartiality Cr Thornton lives within hearing distance of the Denmark Pistol Club. Cr Thornton 8.4.4 Impartiality Cr Thornton is Council‟s Delegate on the Denmark Tourism Inc. Board. Cr Richardson- 8.4.4 Impartiality Cr Richardson-Newton is a member of Newton Denmark Tourism Inc. Cr Richardson- 8.5.4 Impartiality Cr Richardson-Newton is a member of Newton the Denmark Village Theatre & the Denmark Over 50s Association.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Cr Barnes 8.5.4 Impartiality Cr Barnes is a member of the Denmark Over 50s Association. Cr Barrow 8.4.4 Impartiality Cr Barrow is a financial member and Chair of Denmark Tourism Inc. Cr Syme 8.5.4 Impartiality Cr Syme is a member of the Denmark Environment Centre. Some of the identified future tenants of the Old Hospital are either existing or potential future tenants of the Denmark Environment Centre. Cr Pedro 8.5.4 Impartiality Cr Pedro is a member of the Denmark Environment Centre. Some of the future tenants of the Old Hospital are current or potential tenants of the Denmark Environment Centre. Cr Hinds 8.5.4 Impartiality Cr Hinds is a member of the Denmark Over 50s Association. Mr Stewart 8.5.1 Financial Mr Stewart is an employee whom the policy may relate to.

3. ANNOUNCEMENTS BY THE PERSON PRESIDING The Shire President advised that he, the Deputy Shire President and the Chief Executive Officer had recently reviewed the Council‟s meeting procedure following a number of questions relating to Standing Orders. Cr Thornton advised that they had determined, with advice from the Department of Local Government, that the meetings had been running incorrectly in relation to section 9.5, Limitations on Number of Speeches.

The Shire President stated that if there is a motion then anyone can speak to it and if there is one or more amendments to that motion, each person can speak to each or all of the amendments and the original motion, with the exception of the mover of the original motion who, if they choose to speak on an amendment, forfeits the right to closing the debate.

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

4. PUBLIC QUESTION TIME

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil

4.2 PUBLIC QUESTIONS In accordance with Section 5.24 of the Local Government Act 1995, Council conducts a public question time to enable members of the public to address Council or ask questions of Council. The procedure for public question time can be found on the back of the front cover of this Agenda.

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

In accordance with clause 3.2 (2) & (3) of the Shire of Denmark Standing Orders Local Law, a second Public Question Time will be held, if required and the meeting is not concluded prior, no later than 6.00pm.

Questions from the Public

4.2.1 Chris Reid – Item 4.4.2 (Telstra Presentation) Mr Reid asked whether members of public would be permitted to ask the Telstra representatives some questions following their presentation.

Ordinary (Decision Making) Meeting of Council 27 April 2011

The Shire President advised that members of the public would be welcome to speak with the Telstra representative, privately, following their presentation however they were not permitted to ask questions during the meeting.

4.2.2 Ms Delma Baesjou – Item 8.1.4 (Initiation of Scheme Amendment No. 122 - Lots Bounded by Mount Shadforth Road and Warham Road, Denmark) Ms Baesjou spoke on behalf of the applicant and expressed concern about part „f)‟ in the Officers Recommendation. Ms Baesjou stated that the next step would involve a Water Corporation assessment which would deal with matters relating to water supply and asked Council to support the Scheme Amendment with the removal of part „f)‟.

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

4.19pm – The Director of Community & Regulatory Services left the meeting.

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

4.4 PRESENTATIONS, DEPUTATIONS & PETITIONS

4.4.1 Denmark Nursery & Florist – Parking Bays - Petition Mr Peter Dean from the Denmark Nursery & Florist wrote to Council and provided a Petition with respect to parking bays.

Officer Comment The preamble to the Petition states “Lack of Parking Bays”. With no mention of where the lack of parking bays are, it is the Officers view that the validity of the survey, in relation to the stated concerns in the covering letter could be questioned. It may be that the petitioners believed that they were signing a petition about the need for more parking bays in the CBD, which is a generally accepted concern, particularly during peak periods. This notwithstanding the Petition is attached and contains 117 signatures.

In Mr Dean‟s letter (also attached) states that the two parallel car bays which were located directly adjacent to the Nursery were repainted recently to convert them into motorcycle bays. Mr Dean indicates that the change is taking trade away from the Denmark Nursery and requests Council to return the bays to the two parallel parking configuration as soon as possible.

OFFICER RECOMMENDATION ITEM 4.4.1

That with respect to the parking configuration located at 89 Strickland Street, Denmark (adjacent to the Denmark Nursery & Florist), the letter and Petition received from the Denmark Nursery & Florist, and their request therein, be referred to the Council‟s CBD Streetscape Working Group, with that Group having delegated authority for consideration, determination and response.

At the meeting held on the 19 April 2011 Council deferred the following motion to this week‟s meeting;

4.21pm – The Director of Community & Regulatory Services returned to the meeting.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION ITEM 4.4.1 MOVED: CR EBBETT SECONDED: SYME

That with respect to the parking configuration located at 89 Strickland Street, Denmark (adjacent to the Denmark Nursery & Florist), the letter and Petition, received from the Denmark Nursery & Florist, and their request therein, Council reiterate its current position.

CARRIED: 12/0 Res: 050411

4.4.2 Mr Boyd Brown & Mr Steve Nestor – Telstra Country Wide Mr Brown (Area General Manager, WA South) and Mr Steve Nestor (Technical Specialist) made a presentation to Council on local internet connections and boosters stating that they were aware of problems within the Denmark area, relating to coverage, and that they were committed to finding solutions.

5. APPLICATIONS FOR LEAVE OF ABSENCE Nil

6. CONFIRMATION OF MINUTES

6.1 ORDINARY COUNCIL MEETING

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 6.1 MOVED: CR RICHARDSON-NEWTON SECONDED: CR WAKKA

That the minutes of the Ordinary Meeting of Council held on the 19 April 2011 be confirmed as a true and correct record of the proceedings.

CARRIED: 12/0 Res: 060411

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

Cr Wakka‟s Notice of Motion was received on the 11 January 2011 and therefore in accordance with clause 3.10 of the Shire of Denmark Standing Orders Local Law.

Cr Phair‟s Notice of Motion was received on the 3 February 2011 and therefore in accordance with clause 3.10 of the Shire of Denmark Standing Orders Local Law.

Cr Phair‟s Alternate Notice of Motion was received on the 2 March 2011 and therefore in accordance with clause 3.10 of the Shire of Denmark Standing Orders Local Law.

7.1 COUNCILLOR NUMBERS File Ref: CR.2 Applicant / Proponent: Not applicable Subject Land / Locality: Not applicable Disclosure of Councillor Interest: Nil Date: 11 January 2011 Author: Dale Stewart, Chief Executive Officer Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: Given the Ministers position is now clear given he intends to introduce legislation into parliament to force Councils within a certain timeframe to reduce to between 6 and 9 Councillors, and in my opinion it being likely to be enacted as law, the following motion seeks to control our destiny by being proactive and having the maximum number of Council proposed (9) and doing it under out terms by retaining 6

Ordinary (Decision Making) Meeting of Council 27 April 2011

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

Background: As previously provided to Council in December, an analysis of the below table reveals the following statistics; • There 139 Councils in WA with 40 of those with 10 Councillors or more and 23 with 12 Councillors or more. • The Councils with 12 Councillors or more are;

Number of Population Councillors Council Councillors (2009) per Capita 12 Wagin 1,844 154 12 Denmark 5,100 425 12 Murray 14,000 1,167 12 Mundaring 33,438 2,787 Geraldton- 12 Greenough 36,887 3,074 12 Kalamunda 52,360 4,363 12 Gosnells 100,000 8,333 13 Albany 34,664 2,666 13 Subiaco 18,115 1,393 13 Nedlands 22,012 1,693 13 Harvey 23,096 1,777 13 South Perth 25,421 1,955 13 Fremantle 27,453 2,112 13 Busselton 29,183 2,245 13 Kalgoorlie-Boulder 29,684 2,283 13 Bunbury 32,841 2,526 13 Mandurah 67,053 5,158 13 Melville 99,351 7,642 13 Joondalup 160,000 12,308 14 Armadale 55,432 3,959 14 Stirling 193,000 13,786 15 Swan 58,861 3,924 15 Wanneroo 134,258 8,951

Council‟s resolution of 23 June 2009 was; “That Council, in responding to the Minister for Local Government‟s directive of 5 February 2009 in relation to councillor numbers being reduced to between 6 and 9, resolve to make a report to the Local Government Advisory Board proposing that no change be made to its current 3 ward & 12 representative system as the current system is adequate for the needs of the Shire of Denmark. Council will reconsider this issue, subject to adequate community consultation, should the Governments intention in relation to amalgamation and representational issues achieve greater clarity.”

On the 21 December 2010, Council resolved as follows; “That Council request the CEO to provide a report to Council regarding Councillor numbers for the Shire of Denmark following receipt of the proposed Community Survey, if it includes a question of the community on the Minister‟s Directive.” (Resolution No. 251210).

Subsequently Cr Wakka submitted the following Notice of Motion; ”That Council, noting the Minister for Local Government‟s directive of 5 February 2009 in relation to councillor numbers being voluntarily reduced to between 6 and 9, and 7

Ordinary (Decision Making) Meeting of Council 27 April 2011

now that the Minister is intending to put before Parliament a Bill to force Councils to reduce their numbers to a maximum of 9, resolve to make a report to the Local Government Advisory Board proposing that there be no change to its current 3 Ward structure but that its number of elected representatives be reduced to 9 by reducing one Councillor from each ward, and that Council request that the Board give effect to this decision for the 2011 Shire of Denmark Local Government Elections and only if it can be achieved without a complete „spill‟ of Councillors.”

Council deferred Cr Wakka‟s Notice of Motion at its meeting held on the 25 January 2011 with the following deferral motion; “That the item be deferred for one month to enable Council Officers to investigate the matter and provide some alternative scenarios.” (Resolution No. 070111).

Cr Phair has since forwarded through the following comments and an additional Notice of Motion, on the 3 February 2011, which is detailed as follows;

“Statement: Although I am putting forward this “Notice of Motion” I would like to state that I categorically disagree with the Ministers view in regard to Councillor numbers being restricted to between 6 and 9 and maintain a similar view to WALGA that it should be at a Councils discretion to decide the number of elected members it sees as providing the best representation for its residents.

Summary: It is apparent from what is happening in other Councils that the Ministers proposed legislation is persuading Councils to reconsider their numbers and wards as in their view to control their destiny. I however am of the view that the proposed legislation would only force Council to make a choice of between 6 and 9 prior to the 2019 elections. In reality though I believe pressure from externally and within will bring about a reduction of numbers much earlier than 2019 and it is with this in mind I feel Council should reconsider its position.

Current Wards No. of Electors Rep % Variation 12 Councillors Scotsdale/Shadforth 1747 5 Plus 3.5% Town 1502 4 Minus 3.7% Kent/Nornalup 1089 3 Minus 0.04%

Current Wards No. of Electors Rep % Variation 9 Councillors – Boundary changes should be required Scotsdale/Shadforth 1747 4 Plus 10.4% Town 1502 3 Minus 3.9% Kent/Nornalup 1089 2 Minus 13%

Two Wards No. of Electors Rep 9 Councillors – Boundary change required to bring balanced representation East Ward 3249 7 West Ward 964 2

As can be seen in the chart above going to 9 Councillors without an electoral boundary change will result in 2 of the three wards being outside the +- 10% guidelines set by the Local Government Advisory Board. A spill may well be required by the Board which will under Councillor Wakka‟s motion negate any change to numbers.

I am of the opinion that if reform at this time is what Council is seeking then bite the bullet do the job once and do it properly not in a half hearted piecemeal manner by trying to avoid a spill and any boundary changes.”

Ordinary (Decision Making) Meeting of Council 27 April 2011

Cr Phair‟s Notice of Motion “That Council, noting the Minister for Local Government„s directive of 5 February 2009 in relation to Councillor numbers being voluntarily reduced to between 6 and 9, and now that the Minister is intending to put before Parliament a Bill to force Councils to reduce their numbers to a maximum of 9, resolve to make a report to the Local Government Advisory Board proposing that Council would seek to reduce the number of wards from 3 to 2 and that a ward boundary realignment be made to accommodate this. Council would also seek a reduction in elected members from 12 to 9 with 7 members representing the eastern portion (ward) of the shire and 2 members representing the western portion (ward) of the shire. Council request that the Board give effect to this decision with a complete spill of Councillors to allow for fairness and equity for all Councillors and electors preferably for the 2011 Shire of Denmark Local Government Elections.”

At the meeting held on the 22 March 2011 Council resolved as follows; “That Item 7.1 be deferred until the next meeting.”

Comment: Ward maps highlight the current & potential ward boundaries based on the existing ward structure and a two ward system will be provided to Councillors prior to the meeting and included in the Minutes of this meeting.

A copy of the previous discussion paper (dated August 2008) which was submitted for public consultation is attached for information. In that document it also considered the issue of having a no ward system as well as reducing to 2 wards. At the time no potential boundary alterations were canvassed.

The CEO has performed calculations of the impact that a 2 ward system with 9 Councillors would have on elector quotients. In the first and simplest scenario the existing Scotsdale/Shadforth ward boundary was utilised to divide the Shire into 2 wards. Effectively this would create a west ward comprising the existing Kent/Nornalup Ward unchanged and an eastern ward comprising the complete former area of the Town and Scotsdale/Shadforth wards. Under this 2 ward scenario it would mean that the Council retained a ward boundary that has been in existence for approximately 8 years and gave some degree of consistency and surety to the “tradition” of the ward. The name should probably be changed to the East Ward however. Whether the Kent/Nornalup Ward would change to be termed the West Ward is considered not critical however, for simplicity the CEO would recommend it be renamed the West Ward.

A number of scenarios with existing wards, existing number of Councillors and a reduction to 9 or indeed 8 Councillors, detailing the impact on quotients, has been previously forwarded to Councillors and will be included with the Minutes of this meeting.

Another scenario could be that the Kent/Nornalup Ward boundary is moved westwards to reduce the imbalance in the quotients such that it achieves a closer alignment to the State Government‟s requirement for “one vote, one value” and the plus or minus 10% quotients desired. Examples of altering the boundary will be detailed on the attached map however, based on initial modelling the CEO recommends against altering this boundary.

The CEO is of the opinion that with likely growth predictions for Denmark and assumptions that this growth will predominately be in the Scotsdale/Shadforth and Town Wards is that, based on a 2% per annum growth rate, the current imbalance in the quotients highlighted in the table above would correct itself within 2 – 4 years. Thus if Council was inclined to alter the boundary to deal with the current quota imbalance it would again be out of balance within 2 – 4 years necessitating another boundary change. This, in the CEO‟s opinion, undermines the purpose and intent of wards and the CEO is of the opinion that the residents and ratepayers of the 9

Ordinary (Decision Making) Meeting of Council 27 April 2011

Scotsdale/Shadforth and Town Wards would not be concerned as to whether they were in a specific ward or not, as evidenced by the absence of any submissions on this issue in the 2008 Ward Review.

If Council was to alter the ward boundary it is highly likely that the Local Government Advisory Board would require a new consultative review to be undertaken. Such a review must be advertised for minimum of 6 weeks. If Council was inclined to undertaking a new review the CEO could commence advertising of such a review based on agreed scenarios within a matter of one week of resolution with assessment of any submissions being referred to the Council meetings in April 2011. This, whilst tight, would probably still enable the Local Government Advisory Board to assess the result of Council‟s deliberations in time to give effect to the decision for implementation for the 2011 Local Government Elections.

Consultation: If Council was to undertake a full review it would be advertised for a compulsory minimum period of 6 weeks. Council has recently included the following question in the 2011 Customer Satisfaction and Community Needs Survey;

4. COUNCILLOR REPRESENTATION The Minister for Local Government, the Hon John Castrilli, has previously stated that it is his view that the maximum number of Councillors required for any local authority is nine. This view was supported by the recent Local Government Reform Steering Committee Report (March 2010) which recommended legislative amendment to prescribe the number of Councillors to be between six and nine.

"The Denmark Shire Council has however previously considered the Ministers view and rejected reducing the number of Councillors. The Western Australian Local Government Association has also stated that the number of Councillors should be a matter for individual Councils".

Below is a copy of the Community Survey results for this particular question which shows quite a large percentage (45.4%) of respondents agree / strongly agree to the reduction of Councillor numbers, with 27% being neutral/unsure.

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

Ordinary (Decision Making) Meeting of Council 27 April 2011

Statutory Obligations: The Local Government Act 1995, Schedule 2.2 requires a Local Government that has a ward system, to carry out reviews of its Ward boundaries and the number of offices of councillor for each ward “from time to time so that not more than eight (8) years elapse between successive reviews.”

Council‟s last review was in 2008 therefore a review would be required to be completed prior to 2016.

Policy Implications: There are no policy implications.

Budget / Financial Implications: Should the number of Councillors be reduced this would decrease governance costs including the cost of conducting the 2011 and subsequent elections.

Strategic Implications: The CEO would have some concern about a complete spill of Council if the result was such that little or nil sitting Councillors regained their seat which would result in a significant loss of corporate governance knowledge.

Sustainability Implications:  Environmental: There are no known significant environmental considerations relating to the report or Councillor Notice of Motion.

 Economic: There are no known significant economic considerations relating to the report or Councillor Notice of Motion.

 Social: There are no known significant social considerations relating to the report or Councillor Notice of Motion.

Voting Requirements: Absolute majority.

The CEO has included details of the City of Albany‟s current situation (within the table in the report), as requested by Cr Syme at the meeting held on the 15 February 2011.

CEO comment The Officer supports the principle of the Notice of Motion by Cr Wakka and believes that the Local Government Advisory Board would agree to the request if submitted. This notwithstanding the CEO has also submitted an Officer Recommendation.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION & CR WAKKA‟S NOTICE OF MOTION ITEM 7.1 MOVED: CR WAKKA SECONDED: CR BARNES

5.09pm - The Director of Finance & Administration left the meeting. 5.16pm - The Director of Finance & Administration returned to the meeting.

That Council, noting the Minister for Local Government‟s directive of 5 February 2009 in relation to councillor numbers being voluntarily reduced to between 6 and 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.

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

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

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

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

Given the above motion was carried, the following Notice of Motions relating to the same subject and contradictory to the carried motion, could not be accepted.

CR PHAIR‟S NOTICE OF MOTION ITEM 7.1

That Council, noting the Minister for Local Government„s directive of 5 February 2009 in relation to Councillor numbers being voluntarily reduced to between 6 and 9, and now that the Minister is intending to put before Parliament a Bill to force Councils to reduce their numbers to a maximum of 9, resolve to make a report to the Local Government Advisory Board proposing that Council would seek to reduce the number of wards from 3 to 2 and that a ward boundary realignment be made to accommodate this. Council would also seek a reduction in elected members from 12 to 9 with 7 members representing the eastern portion (ward) of the shire and 2 members representing the western portion (ward) of the shire. Council request that the Board give effect to this decision with a complete spill of Councillors to allow for fairness and equity for all Councillors and electors preferably for the 2011 Shire of Denmark Local Government Elections.

Cr Phair‟s comments in relation to the following Alternate Notice of Motion; “It seems apparent that there are several issues where council is at odds in regard to "Electoral Reform". They appear to be (but not exclusive to nor in any particular order.) a) Spill or no spill. b) (b). Electoral boundary changes. c) (c). Number of Wards. d) (d). Timeframe for implementation. e) (e). Loss of corporate knowledge.

I have in my "Alternative Notice of Motion" below tried to find common ground whereby Council, the Minister and Electors may all have a clear picture as to how a transition to 9 councillors could be achieved should the "Community Survey" support the preliminary figures supplied by the CEO at our February Council Meeting and should council wish to consider reducing elected member numbers to 9.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Positives for the Motion.

a) (a). No spill required.

b) (b). Electoral boundary changes not required for the 2011 election and adequate time for these changes to be properly assessed and implemented for the 2013 election.

c) (c). It would seem from discussions with some councillors that my initial feeling that the consensus that a two ward shire may be supported by the majority may have been misplaced. My motion "as is" would be to retain the "status quo" (3 Wards).

d) (d). The "Alternate Notice of Motion" gives adequate time for all stakeholders to be fully aware of their positions. i. The Minister can be informed of our intentions to abide his wishes and reduce members to 9 and not subject to a "no spill" condition. ii. Candidates nominating for the 2011 election will be fully aware that council is moving to a 9 elected member council and that only 5 positions are for a 4 year term. iii. Electors will be fully aware at the 2011 election that it is the last election of a 12 member council and that a reduction to 9 members will be finalised at the 2013 election. (NB. Under Councillor Wakka's motion there will be 6 vacancies at the 2013 which will still need to be addressed to bring about a 5/4 member turnover). iv. The current members were all elected to council as part of a 12 member council, for those whose terms don't expire until 2013 it would not be inconsistent with both their and electors expectations at the last election if council numbers remained at 12 until the 2013 election. v. Although it does not achieve a reduction to 9 members at the 2011 election it does however positively set in place the final stage at the 2013 election with the election of only 4 members for a 4 year term and adequate timeframes to achieve an unconditional reduction to 9 members. e) There will no risk of "loss of corporate knowledge" as it will be a smooth and fluid process as is normally the case of new members replacing those retiring or resigning.

f) The process is completely transparent.

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

CR PHAIR‟S ALTERNATE NOTICE OF MOTION ITEM 7.1

That Council, noting the Minister for Local Government„s directive of 5 February 2009 in relation to councillor numbers being voluntarily reduced to between 6 and 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 the 2013 Shire of Denmark Local Government Election. This would be achieved by reducing one Councillor from each ward at the 2013 election. The 2011 election would be held under the existing ward boundaries with 12 elected member representatives except that of the 6 retiring members only 5 be re-elected for a 4 year term the remaining position be for a 2 year term. As a reduction to 9 elected representatives creates unacceptable anomalies within the Shires current 3 wards system a ward boundary review would be undertaken prior to the 2013 election to accommodate the reduction of one member per ward and the election of 4 elected representatives for a 4 year term at the 2013 elections completing the transition to a 9 elected member Council. 13

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The following Recommendation can only be dealt with if the above deferred Notice of Motion and Cr Phair‟s Notice of Motion and Alternate Notice of Motion are either withdrawn by the submitters or are all lost.

CEO RECOMMENDATION ITEM 7.1

That Council, noting the Minister for Local Government‟s directive of 5 February 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 the Kent/Nornalup Ward be renamed the West Ward and the Scotsdale/Shadforth and Town Wards be consolidated into a single ward renamed the East Ward such that the West Ward have 2 Councillors and the East Ward have 7 Councillors and request that the Board give effect to this decision for the 2011 Shire of Denmark Local Government Elections and only if it can be achieved without a complete „spill‟ of Councillors.

Cr Hinds‟ Notice of Motion was received on the 13 April 2011 and therefore pursuant to clause 3.10 of the Shire of Denmark Standing Orders Local Law, can be dealt with by Council at this meeting.

7.2 ROYAL WEDDING File Ref: GRT.B Applicant / Proponent: Cr Hinds Subject Land / Locality: Not applicable Disclosure of Officer Interest: Nil Date: 13 April 2011 Author: Cr Hinds Authorising Officer: Cr Hinds Attachments: No

Background At the date of this writing Prince William and Kate Middleton are shortly due to be married in London in the United Kingdom.

Comment Prince William has an interest in Australia and has been a recent visitor. He may one day be King of England and a central figure in the Commonwealth of Nations of which Australia is part. It is a happy occasion and an opportunity for us to, officially, join with other nations and cultures in celebration.

Among the charities which will benefit from the charitable fund is the Royal Flying Doctor Service in Australia.

Budget Implications $200.00.

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

CEO comment The Officer is of the view that there is no tangible, direct or indirect, benefit to the Shire of Denmark as an organisation or community in making a donation commemorating the occasion. If the Council is inclined to make a donation to a particular charity of choice such as the Royal Flying Doctor Service of Australia, it

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could accommodate the request by members Account 1410082, which has a budget of $13,000.00 and expenditure of $7,919.00 (as at 8 April 2011).

COUNCIL RESOLUTION & CR HINDS‟ NOTICE OF MOTION ITEM 7.2 MOVED: CR HINDS SECONDED: CR BARROW

That the Denmark Shire Council on behalf of the citizens of the Denmark Shire; 1. Offer our congratulations and best wishes for the future to H.R.H. Prince William and Miss Kate Middleton on the occasion of their wedding, and 2. Make a contribution of $200.00 to the charities fund set up for this occasion.

AMENDMENT MOVED: CR LAING SECONDED: CR PHAIR

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

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

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

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

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

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

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8. REPORTS OF OFFICERS

Councillors were encouraged to identify those Agenda Items from Item 8 (Officer Reports) through to and inclusive of Item 9 (Committee Recommendations) that they would like to discuss, debate, amend, ask questions in relation to or make comment on.

ITEM HEADING Declarations Absolute NO. of Interest Majority Yes / No Yes / No 8.1.1 Lions Lookout Viewing Platform No Yes 8.1.2 Request for Councillor Nominations to the Great No No Southern Joint Development Assessment Panel 8.1.3 Scheme Amendment Request – Peaceful Bay Yes No Structure Plan 8.1.4 Initiation of Scheme Amendment No. 122 - Lots No No Bounded by Mount Shadforth Road and Warham Road, Denmark. 8.2.1 Unbudgeted Expenditure Feast Not Fire Night No Yes 8.2.2 Commuter Carpark/Vehicle Sale/Grower‟s Market No No Space 8.2.3 Peaceful Bay Water Supply Tanks No Yes 8.3.1 Peaceful Bay Finger Jetty Investigative Study No Yes 8.4.1 Financial Statement for the Month Ending 31 March No No 2011 8.4.2 Denmark Pistol Club (Inc) – Lease of Reserve 36044 Yes No 8.4.3 Provision of SBS FM Radio Service – Grant Funding No Yes 8.4.4 Denmark Tourism (Inc) – Sub-Lease of Reserve Yes No 48198 8.5.1 Policy Manual Review – Policies P130301 to Yes No P140401 8.5.2 Denmark Cottage Crafts No No 8.5.3 Constitutional Recognition of Local Government No No 8.5.4 Old Hospital Adaptive Reuse Study Yes No 9.1 Disability Services Committee and Paths & Trails No Yes Advisory Committee

The items highlighted above were identified by Council for discussion and were excluded from the following En-bloc recommendation.

Prior to consideration of Item 8.4.2 through Presiding Person the Chief Executive Officer brought to the attention of the meeting the following disclosure(s) of interest:

Cr Thornton resides within hearing distance of the Denmark Pistol Club and as a consequence there may be a perception that his impartiality on this matter may be affected. Cr Thornton declares that he will consider this matter on its merits and vote accordingly.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8 MOVED: CR LAING SECONDED: CR SYME

That the Officer Recommendations with respect to Item numbers 8.1.1, 8.2.3, 8.4.2, 8.4.3 & 8.5.2 be adopted en bloc.

CARRIED BY AN ABSOLUTE MAJORITY: 12/0 Res: 100411

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8.1 Director of Planning & Sustainability

8.1.1 LIONS LOOKOUT VIEWING PLATFORM File Ref: GRT.B Applicant / Proponent: Shire of Denmark Subject Land / Locality: Lions Lookout Carpark - Ocean Beach Reserve R24913 Disclosure of Officer Interest: Nil Date: 4 April 2011 Author: Helen Heydenrych, Natural Resource Management Officer Authorising Officer: Annette Harbron, Director of Planning & Sustainability Attachments: Yes

Summary: Council is requested to endorse the acceptance of grant funding from South Coast NRM Inc. of $14,800 for the construction of a wheelchair accessible viewing platform at Lions Lookout, Ocean Beach Reserve 24913, and approve the following budget amendments for this project:  Increase Expenditure Account 1121004 (Swimming Areas – Land and Buildings) by $16,600;  Increase Income Account 1121053 (Swimming Areas and Beaches Grant) by $14,800; and  Reduce Expenditure Account 1128002 (Maintenance – Roadworks General) by $1,800 (as is to be reallocated to Expenditure Account 1121004).

Background: In February 2011 the Shire lodged a grant application (Attached) with the Southern Incentives Southern Shores Coastal Grant 2010-2011 program (administered by South Coast NRM Inc.) for $14,800 (total project cost of $21,875) to assist with the construction of a viewing platform with coastal interpretative signage at Lions Lookout carpark, Ocean Beach.

Comment: In March 2011 the Shire was advised that the grant application was successful, thus in accordance with Delegation D040223: Grants and Subsidies, Council is required to endorse the grant prior to acceptance.

A condition of the grant funding is that Council is required to provide a contribution of funds of $6,475, of which $1,800 is proposed to be reallocated from Expenditure Account 1128002 (Maintenance – Roadworks General) and the remaining is predominately in-kind contribution associated with project management and interpretative signage development. The $1,800 is required to provide re-sheeting of the Lions Lookout carpark with crushed limestone from the adjacent Ocean Beach limestone quarry.

The provision of improved visitor facilities at frequently visited coastal locations is an important aspect of best-practice management response to increased visitor pressures in the Shire of Denmark coastal reserves, and is highlighted in Council‟s recently adopted Shire of Denmark Coastal Reserves Management Strategy and Action Plan 2010-2020. In particular, the provision of wheelchair accessible scenic viewing facilities is important for ensuring that safe rest and relaxation experiences are available to an aging local and visitor population.

The visitor facilities currently available at the Lions Lookout carpark destination include an old disused bench, with very limited access to the view site, and a lookout platform at the top of a long and steep flight of poorly maintained steps, entirely out of reach of the aged or infirmed.. The proposed viewing platform will greatly increase the capacity of the view site to accommodate a number of visiting groups at any one point in time, and be fully universally accessible, directly from the carpark.

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Consultation: External Consultation The Shire of Denmark Coastal Reserves Management Strategy and Action Plan 2010- 2020 included an extensive public consultation program, during which no public concerns were raised with regards to the management recommendation for the construction of a wheelchair accessible viewing platform at the Lions Lookout carpark.

The Denmark Surf Life Saving Club (SLSC) strongly supports the proposed viewing platform facility. The Denmark SLSC has provided a letter of support to the Shire of Denmark in this regard – see Attachment 1, stating their interest in assisting with long-term site maintenance via formation of a “Friends of Ocean Beach Reserve” group.

Internal Consultation The Director of Finance and Administration and the Acting Director of Infrastructure Services.

Statutory Obligations: There are no known statutory obligations.

Policy Implications: As per Delegation D040223: Grants and Subsidies, Council is required to endorse this grant prior to acceptance.

Budget / Financial Implications: There is no current allocation for this project in the 2010/2011 budget, thus a budget amendment/reallocation will be required to be undertaken. Upon endorsement of the grant by Council, it is anticipated that the project works will commence in the 2010/2011 financial year, with the unexpended funds to be carried over/carried forward into the 2011/2012 budget.

Strategic Implications: The provision of a wheelchair accessible viewing platform at Lions Lookout is in line with the missions provided for in the Shire of Denmark‟s Strategic Plan (2006), namely:  Environmental Planning and Management;  Tourism; and  Sport and Recreation.

Sustainability Implications:  Environmental: The provision of improved visitor facilities at frequently visited coastal locations is an important aspect of best-practice environmental management for responding to increased visitor pressures in the Shire of Denmark coastal reserves, and is highlighted in Council‟s recently adopted Shire of Denmark Coastal Reserves Management Strategy and Action Plan 2010-2020.

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

 Social: The provision of wheelchair accessible scenic viewing facilities is important for providing greater accessibility to Council provided visitor services & facilities.

Voting Requirements: Absolute majority.

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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.1

That Council with respect to the grant funding from South Coast Natural Resource Management Inc of $14,800 (plus GST) for the Lions Lookout Viewing Platform, Ocean Beach: 1. Endorse acceptance of the grant and authorise the Director of Planning and Sustainability to execute the grant contract documents accordingly; and 2. Approve the following budget amendments in the 2010/11 Budget: a) Increase Expenditure Account 1121004 (Swimming Areas – Land and Buildings) by $16,600 from $54,000 to $70,600; b) Increase Income Account 1121053 (Swimming Areas and Beaches Grant) by $14,800 from $52,000 to $66,800; and c) Reduce Expenditure Account 1228002 (Maintenance – Roadworks General) by $1,800 from $1,208,328 to $1,210,128, noting a nil net impact on the predicted end of year position at 30 June 2011.

CARRIED BY EN BLOC RESOLUTION No. 100411

Prior to considering item 8.1.2, the Chief Executive Officer advised that declarations of interest were not required pursuant to section 5.63 (1) (g) of the Local Government Act 1995.

8.1.2 REQUEST FOR COUNCILLOR NOMINATIONS TO THE GREAT SOUTHERN JOINT DEVELOPMENT ASSESSMENT PANEL File Ref: PLN.17 Applicant / Proponent: Not applicable Subject Land / Locality: Not applicable Disclosure of Officer Interest: Nil Date: 4 April 2011 Author: Annette Harbron, Director of Planning & Sustainability Authorising Officer: Annette Harbron, Director of Planning & Sustainability Attachments: Yes

Summary: With the impending commencement of mandatory Development Assessment Panels (DAPs), Council is requested to nominate two (2) Councillors as Members and two (2) Councillors as Alternate members to serve on the Great Southern Joint Development Assessment Panel (GSJDAP).

Background: As part of the State Government‟s commitment to streamlining and improving the planning approvals process in Western Australia the WA Parliament passed the Approvals and Related Reforms (No. 4) (Planning) Act 2010 (the 2010 Amendment Act). The provisions of the 2010 Amendment Act, except Part Three (being the part which contains the heads of powers required to introduce mandatory DAPs throughout the State), commenced on 22 November 2010.

DAPs are panels comprising a mix of technical experts and local government representatives with the power to determine applications for development approvals in place of the relevant decision-making authority. The aim of DAPs is to improve the planning system by providing more transparency, consistency and reliability in decision-making on complex development applications.

Comment: DAPs are scheduled to commence operation from 1 July 2011, supported by a number of legislative provisions which all commenced operation on 24 March 2011, being:

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 Part 11A of the Planning and Development Act 2005 – contains the heads of powers required to introduce DAPs in the State through the making of regulations by the Governor;  The Planning and Development (Development Assessment Panels) Regulations 2011 (the DAP Regulations) – deal with the operation, constitution and administration of DAPs; and  Amendments to the Planning and Development Regulations 2009 – the amendments allow local governments to continue charging fees for applications that will be subject to the new DAP process under the DAP Regulations.

The DAP that will service the Shire of Denmark is the GSJDAP – refer Attachment for the other local authorities that are to be serviced by the GSJDAP.

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

Type of Applications To Be Determined

 Mandatory DAP applications – any application with an estimated cost of equal to or more than $7 million ($15 million in the City of Perth) and is not for: o The construction of a single dwelling; o The construction of less than ten grouped dwellings or multiple dwellings; or o The construction of carports, patios, outbuildings or any incidental development.  Optional DAP application – an application whereby the applicant has requested the DAP be the relevant decision-maker and has the following characteristics: o Value of the development is between $3 and $7 million (or between $10 and $15 million in the City of Perth); and o The development applied for is the construction of a single dwelling, less than ten grouped dwellings or multiple dwellings, carports, patios, outbuildings or associated incidental development.  Applications Delegated to the DAP by a local government – a local government can delegate to their DAP the power to determine optional DAP applications only. Where a local government delegates their power, the local government must pay the relevant DAP fee and not the applicant.  Minor Amendment application – applications to amend or cancel any development approval, or conditions of approval, granted previously by a DAP.

DAP Application Process

 DAP applications will be lodged with the relevant local government, with the local government fee, the applicable DAP fee and the new DAP Application form.  Upon lodgement of a DAP application the local government is to notify the DAP secretariat (located in the Department of Planning) of the application.  The local government is responsible for carrying out the preliminary assessment of the application as per the relevant Town Planning Scheme provisions (e.g. referral to external agencies for comment, advertisings, review of submissions etc). The local government will then prepare a report containing its recommendations for the DAP to take into account when determining the application.  The DAP Secretariat organises the DAP meeting where the application will be determined, with DAP meetings to generally be held at the local government offices.  All DAP meetings will be open to the public and any interested person can attend. However only those persons invited to give a presentation to the DAP may address the DAP during the meeting. People who have made a submission on the application during the public advertising process and who are in

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attendance at the meeting may be asked to make a short presentation to the DAP on their position regarding the application.  All DAP members will have been provided with the report from the local government before the meeting. An officer from the local government may be in attendance to answer any questions that the DAP members may have regarding the application.  Each member of the DAP who is present at a meeting of the panel is entitled to one vote on each matter. In the event of a deadlocked vote (which may occur is one member is absent from a meeting), the person presiding will have the power to cast the deciding vote.  After a determination has been made, the Department of Planning will send notification of the DAPs decision to the applicant and the relevant local government.  Where an application for review of a determination made by a DAP is lodged with the State Administrative Tribunal, the respondent will be the DAP that made the decision.  The local government is responsible for administering any conditions of approval on an application approved by a DAP.

Membership of DAPs

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

 The three specialist members (NB: the presiding member must be a specialist member) will be appointed by the Minister for Planning following approval by Cabinet.  Specialist members are to be appropriately qualified individuals and may have experience in one or more of the following areas of expertise: town planning, 21

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architecture, urban design, engineering, landscape design, environment, law, property development and property management.  The presiding member or deputy presiding member is required to have a tertiary qualification in town planning and associated experience.  Two Councillors are to be nominated by their local government, together with two alternate Councillors, for consideration of appointment to the JDAP by the Minister for Planning.  All DAP members are appointed for a term of two years. If a Councillor is appointed as a DAP member and during the course of their 2 year term as a DAP member they are not re-elected to the Council, that person no longer holds the position of a DAP member.  All DAP members are required to declare any direct or indirect pecuniary interest in a matter before a DAP meeting as per section 266 of the Planning & Development Act 2005.  All local government representatives, including alternate local government representatives, appointed as DAP members will be required to attend mandatory training before they can sit on the DAP for the first time.  The training will address the planning and development assessment framework in Western Australia, planning law (including what is an appropriate planning consideration), operation and conduct of DAP‟s, the DAP Code of Conduct and expected behaviour of DAP members.  If a local government fails to nominate two Councillors to the relevant DAP within the specified time period (being 13 June 2011 although the Department has requested, where possible, nominations be provided prior to 3 May 2011 to facilitate early commencement of training), the Minister for Planning has the power to appoint two non-councillors from the community to represent the local community on the DAP.

Costs and Expenses of DAPs

 All DAP members, except those already on the „public payroll‟ will be paid sitting fees on a sessional basis – presiding member will be paid $500 per session and all other members will be paid $400 per session.  All DAP members will be paid a $400 training allowance upon successful completion of the mandatory training. Advice received to date is that the training will occur in the regions and is only expected to be a half-day training exercise.  A DAP member is entitled to be reimbursed for motor vehicle and travel expenses at the rate decided by the Public Sector Commissioner for members of Government boards and committees.

Local Government‟s Role in DAPs  Receipt of DAP applications;  Remittance of DAP application and DAP fee to the Secretariat;  Preparation of a planner‟s report on the application;  Transmission of the planner‟s report, together with any public submissions received, to the Secretariat;  Assist in hosting DAP meetings by arranging: o A minute-taker (unless other arrangements are agreed with the Director General of the Department of Planning); o Catering for light refreshments; and o Security (where necessary). Costs associated with the above are to be reimbursed by the Secretariat upon receipt of an invoice.

As referenced above, all local governments are to submit nominations to the Minister for Planning for two (2) DAP members and two (2) alternate DAP members. Such nominations are to be submitted no later than 13 June 2011 although the Department

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has requested, where possible, nominations be provided prior to 3 May 2011 to facilitate early commencement of training.

Aside from the mandatory training commitment, Officers consider that the appointed Councillors to the GSJDAP would not be regularly called upon on the basis that in the past few years Planning Services has not received an application that would fall into the mandatory DAP application category and not many applications would have qualified for the Optional DAP application category. Alternate members would only be called upon in the event that any of the two Shire DAP members cannot attend a meeting due to illness, absence or other cause.

Consultation: Consultation has occurred with the Department of Planning namely in relation to training arrangements and clarification on Councillor appointments.

Statutory Obligations: DAPs are statutory planning instruments provided for in the 2010 Amendment Act, with commencement of operations being 1 July 2011.

Policy Implications: There are no policy implications.

Budget / Financial Implications: Given DAPs are to come into effect from July 1 2011, the 2011/2012 budget will need to incorporate DAP operational income and expenditure accounts. The net impact on the Shire of Denmark will be an additional minor and administrative financial impost depending upon the number of applications which may be referred from year to year.

Strategic Implications: The Western Australian Government consider that the introduction of DAPs in Western Australia will have significant benefits for local governments, the development industry, landowners, the general community and other stakeholders. This is on the basis that they aim to help to improve the planning system by providing more transparency, consistency and reliability in decision-making on complex development applications.

Sustainability Implications:  Environmental: There are no known significant environmental considerations relating to the report or officer recommendation.

 Economic: From a Council perspective there are no known significant economic considerations as the Shire will continue to receive application fees regardless of whether an application is to be determined by the DAP.

From an applicant‟s perspective, additional costs will be incurred as they will be required to pay the Shire‟s planning application fee as well as a DAP fee.

 Social: From a local government perspective, the benefits associated with the introduction of DAPs are yet to be proven; particularly from the perspective of being able to negotiate good development outcomes for the broader community.

Voting Requirements: Simple majority.

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At the meeting held on the 19 April 2011, Cr Syme asked whether the alternate members and would they be listed in priority order and whether it was up the Panel or Councillor as to who would attend a JDAP meeting.

The Director of Planning & Sustainability provides the following information in response;  The DAP Regulations do not provide any specific detail as to the priority selection process of the Alternate Member if a Councillor Member is unavailable to attend a DAP meeting due to illness, absence, a declared interest or other cause.  In the event that a Councillor Member is unavailable either for an item on the DAP or for the entire DAP meeting, the Councillor Member is to contact the DAP Secretariat as soon as possible and the DAP Secretariat will be responsible for organising the Alternate Member to attend the DAP meeting.  From discussions with the Manager, Special Projects at the Department of Planning, a local government could choose to nominate a 1st deputy and 2nd deputy.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.2 MOVED: CR EBBETT SECONDED: CR WAKKA

With respect to Great Southern Joint Development Assessment Panel and the request by the Department of Planning, Council nominate the following Councillors: 1. Councillor Thornton and Councillor Syme as Members; and 2. Councillor Sampson and Councillor Pedro as Alternate Members.

CARRIED: 12/0 Res: 110411

Prior to consideration of Item 8.1.3 through Presiding Person the Chief Executive Officer brought to the attention of the meeting the following disclosure(s) of interest: Cr Phair declares a proximity & a financial interest on the basis that he owns land which is adjacent to the Peaceful Bay Structure Plan .

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

8.1.3 SCHEME AMENDMENT REQUEST – PEACEFUL BAY STRUCTURE PLAN File Ref: TPS3A130 Applicant / Proponent: TME on behalf of H & P Opitz Subject Land / Locality: Peaceful Bay Structure Plan Area Disclosure of Officer Interest: Nil Date: 5 April 2011 Author: Annette Harbron, Director of Planning & Sustainability Authorising Officer: Annette Harbron, Director of Planning & Sustainability Attachments: Yes

Summary: The Scheme Amendment Request (SAR) proposes to introduce a “Development Area” zone into Town Planning Scheme No. 3, along with structure plan provisions similar to the draft Model Scheme Text provisions, and rezone the land currently the subject of the adopted Peaceful Bay Structure Plan area to “Development Zone” to facilitate detailed structure planning to be undertaken.

It is recommended that Council supports the SAR on the basis that introducing such a zone with the associated structure plan provisions will provide legal clarity to the structure plan process in TPS 3, whilst providing a strategic direction forward in relation to future development within Peaceful Bay.

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Background: Planning Services are in receipt of a SAR lodged by TME, on behalf of the landowners of No. 261 (Lot 301) Ficifolia Road, Peaceful Bay, which proposes to:

 introduce a “Development Area” zone into Town Planning Scheme No. 3, along with structure plan provisions similar to the draft Model Scheme Text provisions (refer Attachment 1); and  rezone the land currently the subject of the adopted Peaceful Bay Structure Plan area to “Development Zone” to facilitate detailed structure planning to be undertaken.

It should be noted that the SAR when originally lodged proposed to introduce a “Rural Village” zone; however after extensive consultation with Planning Services the SAR has subsequently been amended to introduce a “Development Area” zone.

Comment: Introduction of “Development Area” Zone Provisions The introduction of a “Development Area” zone into TPS 3 will provide a statutory framework for the preparation, assessment, approval and implementation of structure plans. The draft Model Scheme Text provisions are proposed to form the basis of the provisions that would be introduced, with necessary modifications having regard to the form and structure of TPS 3.

From a Planning Services perspective it is considered appropriate that structure plan provisions are incorporated into TPS 3 as they will provide legal clarity to the structure plan process, which subsequently guides subdivision and development.

“Development Area” Zone for Peaceful Bay The current Peaceful Bay Structure Plan was adopted by Council in August 2000 and by the Western Australian Planning Commission (WAPC) in June 2001 (subject to amendments). The approved Structure Plan generally guides the potential development areas for the Peaceful Bay area, with further zoning, subdivision and development of the area linked to the provision and upgrading of standard urban infrastructure services.

The isolation of Peaceful Bay and the limited size of the settlement pose particular servicing issues which need to be addressed in a creative, innovative way which is responsive to local needs, sensitive to the special character of Peaceful Bay and economic to pursue. Responding to this, Council adopted the Peaceful Bay Pre- Feasibility Servicing Report in July 2010.

Having regard to the above, Planning Services consider that the introduction of a “Development Area” zone for the land currently the subject of the Peaceful Bay Structure Plan is appropriate as it provides the opportunity to establish locally appropriate parameters and/or identify unique issues to be addressed in any review of the current structure plan. In particular, it provides the opportunity to ensure that any future development of the Peaceful Bay area provides for non-standard servicing arrangements - refer Attachment 2 for structure plan provisions that have been proposed for the expansion of the Gracetown townsite.

In terms of a review of the current structure plan, it is considered timely to undertake such review, particularly having regard to the Peaceful Bay Pre-Feasibility Servicing Report (July 2010) and the fact that the landowners of Lot 301 are wishing to progress a local structure plan for their land parcel. In this regard a local structure plan cannot progress if it is not generally consistent with the principles and objectives of the district level structure plan, and in this instance it is known that this will be the case as the district structure plan requires standard urban infrastructure services being in place whilst the landowners of Lot 301 wish to consider non-standard

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servicing arrangements – which is an approach to infrastructure servicing supported by Council.

From a Council perspective, Council does have a major role to play in the review of the Peaceful Bay Structure Plan as it is one of the three major landowners in the area. It is therefore appropriate that Council give due consideration, both as a landowner and the local authority, to facilitate the review of the current structure plan.

In this regard should Council in-principally support a review of the Peaceful Bay Structure Plan, it is recommended the following occur:

 consultation with the Department of Planning and other relevant government departments/servicing agencies, where necessary, to clearly ascertain the issues which would be required to be addressed given this is to be a review of an existing Structure Plan (NB: if the SAR progresses to a scheme amendment, this process should be undertaken by the applicant to clearly identify if there are any unique issues that need to be included in the scheme amendment);  a brief be prepared for the review of the Peaceful Bay Structure Plan to enable fee proposals to be sought from planning consultancies for Council‟s budget considerations in due course; and  preliminary consultation occurring with the landowners of Lots 301 and 1425 Ficifolia Road, Peaceful Bay, specifically in terms of seeking a financial contribution towards the review (based on a 1/3 contribution each).

Consultation: Upon receipt of the SAR, it was referred to the following government departments/servicing agencies for comment:  Department of Health;  Department of Water;  Department of Environment and Conservation;  Department of Agriculture;  Department of Indigenous Affairs;  Department of Planning;  Fire and Emergency Services Authority;  Heritage Council of Western Australia;  Tourism WA;  Main Roads of WA;  Western Power;  Telstra; and  Water Corporation.

In summary, the comments received from those government departments/servicing agencies that provided responses were as follows:  The preparation of a flora and fauna survey and a management plan to be approved by DEC;  Protection of native vegetation and wetland system;  Impacts from adjacent DEC managed reserve, in particular fire management access, visual amenities and environmental values;  There are known Aboriginal Sites, a full heritage survey to be conducted to address any constraints in an early stage of detailed planning;  Future planning decisions should take into account the heritage significance of the original Peaceful Bay Settlement;  The land should not be rezoned for more intensive development when it is not capable of being provided with essential infrastructure and services at this time, as this would create an expectation that it can be developed with necessary water and wastewater services. If rezoning agreed to by WAPC, it

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must be stated very clearly in the amendment documents and zone description that traditional water and wastewater services typically provided by the Water Corporation are not available and there are no plans to provide them in the foreseeable future;  More information on water supply and effluent disposal to accompany the Amendment document;  All developments must comply with the provisions of the draft Country Sewerage Policy. Compliance with this Policy is achievable with the provisions of a sewerage scheme that is operated by the sewerage provider who is licensed by the Economic Regulations Authority;  The proposal to recycle wastewater for toilet flushing and garden watering must fulfil the requirements of the Australian Guidelines for Water Recycling: Managing Health and Environmental Risks (Phase 1);  The preparation of a Local Water Management Strategy;  It may be necessary to consider the impacts of the increased population upon the existing/proposed infrastructure within the Coastal reserve;  Focus should be given to the preparation of a more comprehensive structure plan based on the pre-feasibility servicing report recently prepared and further investigations which address: o Government approved locations of the waste water treatment plant; o Development sequencing of village growth radiating from the centre; o Flora and fauna; o Ground water and surface water; o Acid sulphate soils; o Movement network; o Local urban water management; o Fire management; o Public open space scheduling; o Infrastructure co-ordination, servicing and staging; o Developer contribution arrangements; o Ethnographic and aboriginal heritage; and o Statutory planning implementation.  Planning for Bushfire Protection, WAPC Policy 3.7 and Australian Standard 3959 must be considered to avoid increasing the risk through inappropriately located or designed land use and development.

The issues referenced above would generally need to be taken into account at the time of the review of the Peaceful Bay Structure Plan and not as part of the scheme amendment.

Statutory Obligations: There are no statutory obligations in relation to a SAR.

Policy Implications: The SAR report has been prepared in accordance with Council Policy P100601: Scheme Amendments Requests.

Budget / Financial Implications: Fees associated with this Scheme Amendment Request have been paid as per Council‟s 2010/2011 Fees & Charges Schedule.

Should Council in-principally support a review of the Peaceful Bay Structure Plan, it is recommended that a brief be prepared to enable fee proposals to be sought from planning consultancies for Council‟s budget considerations in due course.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Strategic Implications: Although not directly related to the SAR, the Peaceful Bay Structure Plan is in need of review and from a Council perspective, Council has a major role to play in such review given it is one of the three major landowners in the area.

Sustainability Implications:  Environmental: The recommendation will result in a Scheme Amendment that will introduce provisions into TPS 3 in relation to structure plans. The process and matters to be addressed in a structure plan will ensure environmental impacts and sustainability initiatives are appropriately assessed and considered in the planning of the land.

 Economic: The recommendation will result in a Scheme Amendment that will introduce provisions into TPS 3 in relation to structure plans. The process and matters to be addressed in a structure plan will ensure sustainability initiatives in relation to infrastructure servicing are appropriately assessed and considered in the planning of the land.

 Social: The recommendation will result in a Scheme Amendment that will introduce provisions into TPS 3 in relation to structure plans. The process and matters to be addressed in a structure plan will ensure community matters are appropriately assessed and considered in the planning of the land.

Voting Requirements: Simple majority.

At the meeting held on the 19 April 2011, Cr Richardson-Newton asked whether Council would still have control over Structure Plans or whether by including Structure Plans within the Town Planning Scheme, the decision for approval/decline/amendment would be left up to Council Officers.

The Director of Planning & Sustainability provides the following information in response;

 The draft Model Scheme Text provisions provide the opportunity for an applicant to seek the Western Australian Planning Commission‟s consideration of a proposed structure plan if the local government does not make a determination (being satisfactory for advertising, modifications required prior to advertising or not satisfactory for advertising) within 60 days of receiving the proposed structure plan (or such longer period as may be agreed in writing between the proponent and the local government.  Council Policy P100601: Scheme Amendment Requests could be modified to include reference to Structure Plan requests as well such that proponents gain an indication of Council‟s support or otherwise without going to the expense of preparing formal Structure Plan documentation. It should be noted that notwithstanding this is Council‟s preferred process, a proponent could still opt to formally lodge a structure plan and have it considered in accordance with the relevant Town Planning Scheme provisions. Given there is no urgency for these arrangements to be put into place and that the Director of Planning & Sustainability is proposing to undertake a review of all current Local Planning Policies and relevant Council policies in the next 6 months, it is considered that the policy references can be addressed at that point in time.  Should Council wish to introduce a Structure Plan request process, it is recommended that a fee needs to be included within Council‟s Fees & Charges Schedule. In this regard it would be appropriate for the 2011/2012 Fees & Charges Schedule to include a fee pertaining to Structure Plan Requests.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.3 (a) MOVED: CR SAMPSON SECONDED: CR RICHARDSON-NEWTON

That Council with respect to the Scheme Amendment Request to introduce a “Development Area” zone and associated structure plan provisions into Town Planning Scheme No. 3 and rezoning of land contained within the current Peaceful Bay Structure Plan area to “Development Area” supports the proposal subject to the following matters being addressed within the amendment documentation: 1. Identification of the issues that would be required to be addressed in any review of the current Peaceful Bay Structure Plan, noting that these issues may need to be stipulated in the scheme amendment provisions for the Peaceful Bay “Development Area” zone; and 2. The provision of non-standard servicing arrangements being addressed in the scheme amendment provisions for the Peaceful Bay “Development Area” zone.

CARRIED: 10/1 Res: 120411

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

OFFICER RECOMMENDATION ITEM 8.1.3 (b)

That Council with respect to the current Peaceful Bay Structure Plan: 1. Acknowledges that a review of the structure plan is required; 2. Authorises the Director of Planning and Sustainability to prepare a brief to enable fee proposals to be sought from planning consultancies for Council‟s budget considerations in 2012/13; and 3. Authorises the Director of Planning and Sustainability to liaise with the landowners of Lots 301 and 1425 Ficifolia Road, Peaceful Bay regarding the review of the Peaceful Bay Structure Plan and their subsequent consideration of a 1/3 financial contribution to the review, with the outcome of such liaisons to assist with Council‟s budget considerations.

COUNCIL RESOLUTION ITEM 8.1.3 (b) MOVED: CR LAING SECONDED: CR RICHARDSON-NEWTON

That Council with respect to the current Peaceful Bay Structure Plan: 1. Acknowledges that a review of the structure plan is required; 2. Authorises the Director of Planning and Sustainability to prepare a brief to enable fee proposals to be sought from planning consultancies for Council‟s budget considerations in 2012/13; and 3. Authorises the Director of Planning and Sustainability to liaise with the landowners of Lots 1, 2 & 301, 302 and 1425 Ficifolia Road, Peaceful Bay regarding the review of the Peaceful Bay Structure Plan and their subsequent consideration of a proportionate financial contribution to the review, with the outcome of such liaisons to assist with Council‟s budget considerations.

CARRIED: 10/1 Res: 130411

REASONS FOR CHANGE Council amended the motion to reflect the addition of several properties pertaining to the allotments that Council were seeking to incorporate.

6.06pm – Cr Phair returned to the meeting.

6.06pm - Public Question Time The Shire President stated that the second public question time would begin & called for questions from members of the public. There were no questions.

6.07pm – Cr Richardson-Newton left the meeting.

Ordinary (Decision Making) Meeting of Council 27 April 2011

8.1.4 INITIATION OF SCHEME AMENDMENT NO. 122 - LOTS BOUNDED BY MOUNT SHADFORTH ROAD AND WARHAM ROAD, DENMARK. File Ref: TPS3 SA122 Applicant / Proponent: Ayton Baesjou Planning 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road Subject Land / Locality: and 68 (Lot 355) Warham Road Disclosure of Officer Interest: Nil Date: 5 April 2011 Author: Cindy Simpson, Senior Planning Officer Authorising Officer: Annette Harbron, Director of Planning & Sustainability Attachments: Yes

Summary: In March 2010, Council supported the Scheme Amendment Request (SAR) to rezone the subject land from “Rural” to “Special Residential”. The applicant has lodged the necessary Scheme Amendment documentation and requests Council‟s initiation of Scheme Amendment No. 122 to Town Planning Scheme No. 3 (TPS 3).

It is recommended that Council initiate Scheme Amendment No. 122 subject to a number of modifications being undertaken to the Scheme Amendment documentation.

Background: At the Ordinary Meeting of 23 March 2010, Council considered a Scheme Amendment Request (SAR) to rezone No. 191 (22) Mount Shadforth Road from “Rural” to “Special Rural”, wherein the following was resolved:

“That Council with respect to the Scheme Amendment Request for Lot 191 (22) Mount Shadforth Road, resolve as follows: 1. Not support the Scheme Amendment Request for the spot rezoning of 191 (22) Mount Shadforth Road; 2. Supports the rezoning of the land bounded by Mt Shadforth and Warham Road being lots 1, 22, portions of 355 & 632 to Special Residential subject to the following matters being addressed within the amendment documentation: a. A land capability study to assess suitability for Special Residential development and onsite effluent disposal. The study to include assessment of maximum winter groundwater level to ensure there is adequate vertical separation to groundwater and distance to water courses and wetland margins. b. Preparation of a Subdivision Guide Plan which address matters set out in the 2005 draft LPS and include the following: i. The subdivision pattern to reflect the outcomes of the land capability study; ii. A minimum lot size of 5000m2 for all new lots created; iii. Coordination of vehicular access to lots and restricted access off Mount Shadforth Road; iv. Stormwater management; v. Landscape protection measures along Mt Shadforth Rd; vi. Protection of remnant vegetation; vii. Identification of building envelopes; viii. Protection of Millers creek and any riparian vegetation associated with it; and ix. Preparation of a fire management plan. x. Pedestrian footpaths being shown on the sub-division guideplan. c. Suitable arrangements being made with WAPC and Water Corporation for the provision of potable water through reticulated water or alternative provision through rainwater tanks to new lots created.” 30

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Comment: Scheme Amendment No. 122 proposes to rezone 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road (the subject land) from “Rural” to “Special Residential” and introduce special provisions to apply to subdivision and development of the subject land (refer Attachment) for the proposed special provisions). Due to the size of the document, a copy of the Scheme Amendment document is available for Councillors on their USB drives, on Council‟s website and a printed version can be provided, for Councillor, upon request.

As per the proposed special provisions, subdivision and development shall generally be in accordance with a Subdivision Guide Plan (SGP) for the subject land (refer Attachment).

In summary, the main principles and components of the proposed special provisions and the SGP are as follows:

 Creation of 9 new lots (ranging in size from 5000m2 to 1.4300ha and retention of 2 existing lots (ranging in size from 3.6500 ha to 3400m2).  Provision of building envelopes (1000m2) having regard to the opportunities and constraints mapping (refer Attachment 3).  Requirement for Alternative Treatment Units (ATU‟s) for all lots given that the majority of the site contains moderately well drained loam and sands with fair capability for special residential development.  Water supply via the installation of a water storage tank of no less than 92kl capacity, with provision for a minimum roof catchment of 200m2.  Requirement for upgrading of Warham Road which is incorporated as a Scheme provision.  Requirement for upgrading of the Warham Road/Mount Shadforth Road intersection which is incorporated as a Scheme provision.  New access onto Mount Shadforth Road to be limited and new lots to gain access via Warham Road (subject to compliance with 2.3 and 2.4 of Planning for Bushfire Safety Guidelines).  Screening provided along Mount Shadforth Road.  All habitable buildings to comply with AS 3959.  Provision of 2 multipurpose (shared) access and emergency egress between Warham Road and Kerr Close and between Warham Road (end of cul-de- sac) and Mount Shadforth Road.  Water from the existing dams to gravity feed to a proposed standpipe on Warham Road for fire fighting purposes.  Closure of portion of the un-made Warham Road reserve subject to the requirements of the Land Administration Act 1997.

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

 The preparation of a Fire Management Plan. In accordance with the Western Australian Planning Commission‟s Planning for Bush Fire Protection Guidelines (May 2010), a bush fire hazard assessment is required to be carried out at the planning scheme amendment stage, with a Fire Management Plan required at subdivision stage. Notwithstanding, Planning Services required the SGP and special provisions to address the key principles of a Fire Management Plan.  Suitable arrangements being made with WAPC and Water Corporation for the provision of potable water through reticulated water or alternative provision through rainwater tanks to new lots created.

No evidence of discussion with WAPC and Water Corporation are provided for in the amendment text. Although the report to Council in relation to the SAR provides

Ordinary (Decision Making) Meeting of Council 27 April 2011

support for the use of rainwater harvesting and storage of potable supply as a sustainable alternative to reticulated water supply, this support was specific to the creation of Special Rural lots.

The Water Corporation has advised that the subject land is located within the Water Corporation‟s Water Operating License Area and as per the Western Australian Planning Commissions DC Policy 2.5 Special Residential Zones, reticulated water will be required as a condition of subdivision approval.

Based on the matters set out above, the following modifications to the SGP and proposed Scheme provisions are recommended:

 Modify SGP to reference the following notations: - Retention of crossovers onto Mount Shadforth Road only where it provides access to existing development. - All new lots to gain access off Warham Road (lot frontage). - Restricted access onto Mount Shadforth Road for newly created lots for emergency purposes only in order to comply with Element 2.3 Cul-de- sacs of Planning for Bush Fire Protection Guidelines (May 2010). This criterion requires a maximum length of 200 metres and where emergency access is provided between cul-de-sac heads, maximum length can be increased to 600 metres provided no more than 8 lots are serviced. - The upgrade of Warham Road to an urban road standard. - The upgrade of the intersection of Mount Shadforth Road and Warham Road. - Reticulated water is available to the lots.

 Modify Special Scheme Provisions as follows: - Proposed provision regarding front and rear setbacks to indicate that Warham Road is the frontage to all lots. - Delete provision referring to “fencing, shelters for livestock and structure incidental to Rural Living may be considered outside the indicative Building Envelope shown on the SGP” as the objectives of the Special Residential zone excludes rural living pursuits. - Modify the provision regarding on-site disposal system to refer to „Alternative Treatment Unit‟. - Modify the provision regarding tree/shrub planting may be required as a condition of development approval to “Council shall request the WAPC to impose a condition at the time of subdivision for additional tree/shrub planting for screening purposes along Mount Shadforth Road.” - Combine the 2 provisions regarding advice to prospective purchasers into one provision.

Consultation: In accordance with the Town Planning Regulations 1967, public advertising is required to be undertaken for a minimum period of 42 days once the Environmental Protection Authority have considered the Scheme Amendment.

Statutory Obligations:  Planning and Development Act 2005 – TPS No. 3 is an operative Local Planning Scheme under this Act.  Town Planning Regulations – sets out the procedure for amending a Town Planning Scheme.  Town Planning Scheme No. 3 – subject land is currently zoned “Rural”.

Policy Implications: There are no policy implications. 32

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Budget / Financial Implications: Fees associated with this Scheme Amendment have been paid as per Council‟s 2010/2011 Fees & Charges Schedule.

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

Sustainability Implications:  Environmental: The amendment incorporates the protection of the environmental features such as the 30m setback of all development from Millars Creek, retention where possible of remnant vegetation, use of ATU‟s on all new lots created and improved landscape measures along Mount Shadforth Road.

 Economic: The development of the land will provide for settlement within close proximity to the Denmark townsite and allow for the efficient use of land.

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

Voting Requirements: Simple majority. At the meeting held on the 19 April 2011, Cr Syme questioned whether a road upgrading requirement would result in loss of vegetation and Cr Thornton queried if reticulated water is available to the subject land given it is provided for on adjacent properties.

The Director of Planning & Sustainability provides the following comments, amended Officer Recommendation and advises that the comment section of the report has been amended slightly to reflect.

 As per Council‟s Guidelines for Development and Subdivision of Land (June 2008), rural residential road infrastructure is required to be provided to an urban standard. Having regard to the characteristics of the road, an urban standard reference in this instance would be a minimum 6.0m wide 2 coat sealed road with mountable kerbs (the actual requirement for kerbing will be determined at the subdivision design/construct stage). The Acting Director of Infrastructure Services has advised that from a preliminary review of the area an open drain on the high side of Warham Road will be required and that the road alignment may result in the removal of some existing trees located within the road reserve – this will be reviewed at the subdivision design/construct stage with the aim of minimising impacts on existing vegetation whilst ensuring adequate road design.

Given that Council‟s Guidelines for Development and Subdivision of Land (June 2008) references urban road standards, it is considered that the wording as currently provided for in the Officer‟s Recommendation is appropriate.

 The Water Corporation has advised that the subject land is located within the Water Corporation‟s Water Operating License Area and as per the Western Australian Planning Commission‟s DC Policy 2.5: Special Residential Zones, reticulated water will be required as a condition of subdivision approval.

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

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o Addition of Point 1 f) referencing the lots are to be connected to reticulated water; o Delete Point 2 vii) on the basis that reticulated water will be required; and o Modify Point 2 viii) such that the reference to reticulated water is not available is removed.

 With regards to the reference about closure of portion of Warham Road road reserve on the SGP, road closures are subject to the requirements of the Land Administration Act 1997. In this regard generally when a road reserve is proposed to be closed, the initial disposal process is via an equal split of the land to each adjoining landowner unless there are circumstances in which it would be appropriate to allocate differently (e.g. the purpose of closing the road is to address building encroachment issues, a landowner does not wish to purchase etc). The SGP has assumed that all of the Warham Road road reserve proposed to be closed will be allocated to Pt Lot 356 and the current subdivision configuration for three lots has been provided on that basis as well.

It should be noted that Council did resolve in April 2000 to support closure of the Warham Road road reserve adjacent to Pt Lot 356 provided that an equivalent area of land on the northern boundary of the property is given up and incorporated into the southern side of the Mt Shadforth Road road reserve. Having regard to Council‟s resolution, the owners at the time never proceeded with the road closure request.

Given that a formal request to close portion of the Warham Road road reserve has not been lodged with the Shire, a formal assessment on the road closure component has not been undertaken by Planning & Infrastructure Services, there is no evidence of consultation with the adjoining landowner‟s to determine their position on the proposed road closure and/or future disposition of the land if the road reserve is closed and that the proposed rezoning does not include the portion of Warham Road road reserve, it is considered appropriate that an additional notation be incorporated onto the SGP which clearly indicates that the proposed subdivision layout is on the basis that the road closure process has been finalised and the land has been amalgamated into adjoining Pt Lot 356, thus the subdivision layout may alter depending on the outcome of the road closure process.

FORMER OFFICER RECOMMENDATION ITEM 8.1.4

Ordinary (Decision Making) Meeting of Council 27 April 2011

2. Amend Town Planning Scheme No. 3 by: a. Rezoning 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark from the „Rural‟ zone to the „Special Residential‟ zone. b. Amending Appendix XIV – Special Residential Zone Provisions Relating to Specified Areas, by including Special Residential Zone Area No. 15 as follows:  Column 1 – Particulars of the Land SRes 15 Warham Road Special Residential Zone 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark  Column 2 – Proposed Uses Permitted Use (P): Single House, Home Occupation Permitted at Council‟s Discretion (AA): Cottage Industry, Home Business  Column 3 – Special Provisions i) The minimum size for new lots is 5000m2 ii) Subdivision shall generally be in accordance with the endorsed Subdivision Guide Plan iii) All buildings shall be located as follows:  8m from the Warham Road lot frontage;  10m from the rear of the lot/Mount Shadforth Road;  5m from the side of the lot; and  Development (excluding fences) to be setback 30m from Millars Creek. iv) No clearing of remnant vegetation shall occur except for:  Clearing to comply with the requirements of the Shire of Denmark Annual Fire Regulation Notice;  Removal of trees that are diseased or dangerous;  Clearing required to establish/maintain a fuel reduced Building Envelope;  Clearing to gain vehicular access to an approved dwelling; or  Any other clearing which may be approved by the Council. v) If boundary fencing is utilised, it shall be of rural construction such as pine posts/steel posts and strand to the satisfaction of Council. vi) On-site effluent disposal shall be the responsibility of the individual landowner and shall involve the use of Alternative Treatment Unit‟s approved by Council in accordance with Health Department of WA regulations and guidelines. vii) Provision of potable water shall be the responsibility of the individual landowner at the time of development and shall involve the installation of a water storage tank of no less than 92kl capacity and provision of a minimum roof catchment of 200m2. viii) Council shall request the WAPC to impose a conditions at the subdivision stage requiring the subdivider to advise prospective purchasers of land of the following:  Fire management guidelines and responsibilities; and  That reticulated water and sewer is not available.

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ix) Council shall request the WAPC to impose a condition at the time of subdivision for additional tree/shrub planting for screening purposes along Mount Shadforth Road. x) Council shall request the WAPC to impose a condition at the time of subdivision for Warham Road to be upgraded to an urban road standard. xi) Council shall request the WAPC to impose a condition at the time of subdivision for the intersection of Warham Road and Mount Shadforth Road to be upgraded. c. Amending the Scheme Maps accordingly. 3. Refer Town Planning Scheme No. 3 Scheme Amendment No. 122 to the Environmental Protection Authority in accordance with Section 81 of the Planning and Development Act 2005. 4. Determine that Town Planning Scheme No. 3 Amendment No. 122 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations 1967 and resolve to proceed to advertising of the amendment for public inspection after consideration by the Environmental Protection Authority.

OFFICER RECOMMENDATION ITEM 8.1.4

That Council with respect to the request to rezone lots bounded by Mt Shadforth Road and Warham Road, Denmark: 1. Pursuant to Section 75 of the Planning and Development Act 2005 initiate Town Planning Scheme No. 3 Amendment No. 122 subject to the applicant undertaking the following modifications to the Scheme Amendment documentation (including the Subdivision Guide Plan) to the satisfaction of the Director of Planning & Sustainability: a. Retention of crossovers onto Mount Shadforth Road only where it provides access to existing development. b. All new lots to gain access off Warham Road (lot frontage). c. Restricted access onto Mount Shadforth Road for newly created lots for emergency purposes only in order to comply with Element 2.3 Cul-de- sacs of Planning for Bush Fire Protection Guidelines (May 2010). This criterion requires a maximum length of 200 metres and where emergency access is provided between cul-de-sac heads, maximum length can be increased to 600 metres provided no more than 8 lots are serviced. d. The upgrade of Warham Road to an urban road standard, pursuant to Council‟s Guidelines for Development & Subdivision. e. The upgrade of the intersection of Mount Shadforth Road and Warham Road. f. The requirement for all lots to be connected to reticulated water. g. The subdivision layout as currently provided for on Pt Lot 356 may alter depending on the outcome of the road closure process. 2. Amend Town Planning Scheme No. 3 by: a. Rezoning 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark from the „Rural‟ zone to the „Special Residential‟ zone. b. Amending Appendix XIV – Special Residential Zone Provisions Relating to Specified Areas, by including Special Residential Zone Area No. 15 as follows:  Column 1 – Particulars of the Land SRes 15 Warham Road Special Residential Zone 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark

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 Column 2 – Proposed Uses Permitted Use (P): Single House, Home Occupation Permitted at Council‟s Discretion (AA): Cottage Industry, Home Business  Column 3 – Special Provisions i) The minimum size for new lots is 5000m2 ii) Subdivision shall generally be in accordance with the endorsed Subdivision Guide Plan iii) All buildings shall be located as follows:  8m from the Warham Road lot frontage;  10m from the rear of the lot/Mount Shadforth Road;  5m from the side of the lot; and  Development (excluding fences) to be setback 30m from Millars Creek. iv) No clearing of remnant vegetation shall occur except for:  Clearing to comply with the requirements of the Shire of Denmark Annual Fire Regulation Notice;  Removal of trees that are diseased or dangerous;  Clearing required to establish/maintain a fuel reduced Building Envelope;  Clearing to gain vehicular access to an approved dwelling; or  Any other clearing which may be approved by the Council. v) If boundary fencing is utilised, it shall be of rural construction such as pine posts/steel posts and strand to the satisfaction of Council. vi) On-site effluent disposal shall be the responsibility of the individual landowner and shall involve the use of Alternative Treatment Unit‟s approved by Council in accordance with Health Department of WA regulations and guidelines. vii) Council shall request the WAPC to impose a conditions at the subdivision stage requiring the subdivider to advise prospective purchasers of land of the following:  Fire management guidelines and responsibilities; and  That sewer is not available. viii) Council shall request the WAPC to impose a condition at the time of subdivision for additional tree/shrub planting for screening purposes along Mount Shadforth Road. ix) Council shall request the WAPC to impose a condition at the time of subdivision for Warham Road to be upgraded to an urban road standard, pursuant to Council‟s Guidelines for Development & Subdivision. x) Council shall request the WAPC to impose a condition at the time of subdivision for the intersection of Warham Road and Mount Shadforth Road to be upgraded. c. Amending the Scheme Maps accordingly. 3. Refer Town Planning Scheme No. 3 Scheme Amendment No. 122 to the Environmental Protection Authority in accordance with Section 81 of the Planning and Development Act 2005. 4. Determine that Town Planning Scheme No. 3 Amendment No. 122 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations 1967 and resolve to proceed to advertising of the amendment for public inspection after consideration by the Environmental Protection Authority.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION ITEM 8.1.4 MOVED: CR BARNES SECONDED: CR PEDRO

6.09pm – Cr Richardson-Newton returned to the meeting.

That Council with respect to the request to rezone lots bounded by Mt Shadforth Road and Warham Road, Denmark: 1. Pursuant to Section 75 of the Planning and Development Act 2005 initiate Town Planning Scheme No. 3 Amendment No. 122 subject to the applicant undertaking the following modifications to the Scheme Amendment documentation (including the Subdivision Guide Plan) to the satisfaction of the Director of Planning & Sustainability: a. Retention of crossovers onto Mount Shadforth Road only where it provides access to existing development. b. All new lots to gain access off Warham Road (lot frontage). c. Restricted access onto Mount Shadforth Road for newly created lots for emergency purposes only in order to comply with Element 2.3 Cul-de- sacs of Planning for Bush Fire Protection Guidelines (May 2010). This criterion requires a maximum length of 200 metres and where emergency access is provided between cul-de-sac heads, maximum length can be increased to 600 metres provided no more than 8 lots are serviced. d. The upgrade of Warham Road to an urban road standard, pursuant to Council‟s Guidelines for Development & Subdivision. e. The upgrade of the intersection of Mount Shadforth Road and Warham Road. f. The subdivision layout as currently provided for on Pt Lot 356 may alter depending on the outcome of the road closure process. 2. Amend Town Planning Scheme No. 3 by: a. Rezoning 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark from the „Rural‟ zone to the „Special Residential‟ zone. b. Amending Appendix XIV – Special Residential Zone Provisions Relating to Specified Areas, by including Special Residential Zone Area No. 15 as follows:  Column 1 – Particulars of the Land SRes 15 Warham Road Special Residential Zone 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark  Column 2 – Proposed Uses Permitted Use (P): Single House, Home Occupation Permitted at Council‟s Discretion (AA): Cottage Industry, Home Business  Column 3 – Special Provisions i) The minimum size for new lots is 5000m2 ii) Subdivision shall generally be in accordance with the endorsed Subdivision Guide Plan iii) All buildings shall be located as follows:  8m from the Warham Road lot frontage;  10m from the rear of the lot/Mount Shadforth Road;  5m from the side of the lot; and  Development (excluding fences) to be setback 30m from Millars Creek.

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iv) No clearing of remnant vegetation shall occur except for:  Clearing to comply with the requirements of the Shire of Denmark Annual Fire Regulation Notice;  Removal of trees that are diseased or dangerous;  Clearing required to establish/maintain a fuel reduced Building Envelope;  Clearing to gain vehicular access to an approved dwelling; or  Any other clearing which may be approved by the Council. v) If boundary fencing is utilised, it shall be of rural construction such as pine posts/steel posts and strand to the satisfaction of Council. vi) On-site effluent disposal shall be the responsibility of the individual landowner and shall involve the use of Alternative Treatment Unit‟s approved by Council in accordance with Health Department of WA regulations and guidelines. vii) Council shall request the WAPC to impose a conditions at the subdivision stage requiring the subdivider to advise prospective purchasers of land of the following:  Fire management guidelines and responsibilities; and  That sewer is not available. viii) Council shall request the WAPC to impose a condition at the time of subdivision for additional tree/shrub planting for screening purposes along Mount Shadforth Road. ix) Council shall request the WAPC to impose a condition at the time of subdivision for Warham Road to be upgraded to an urban road standard, pursuant to Council‟s Guidelines for Development & Subdivision. x) Council shall request the WAPC to impose a condition at the time of subdivision for the intersection of Warham Road and Mount Shadforth Road to be upgraded. c. Amending the Scheme Maps accordingly. 3. Refer Town Planning Scheme No. 3 Scheme Amendment No. 122 to the Environmental Protection Authority in accordance with Section 81 of the Planning and Development Act 2005. 4. Determine that Town Planning Scheme No. 3 Amendment No. 122 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations 1967 and resolve to proceed to advertising of the amendment for public inspection after consideration by the Environmental Protection Authority.

AMENDMENT MOVED: CR RICHARDSON-NEWTON SECONDED: CR HINDS

1. The addition of a new part 2 xi) as follows; “Provision of potable water shall be the responsibility of the individual landowner at the time of development and shall involve the installation of a water storage tank of no less than 92kl capacity and provision of a minimum roof catchment of 200m2.”

2. Amend part 2 vii), second dot point, to read as follows; “That sewer and reticulated water are not available.”

CARRIED: 12/0 Res: 140411

AMENDMENT MOVED: CR SYME SECONDED: CR HINDS

Ordinary (Decision Making) Meeting of Council 27 April 2011

1. That part 1 d) reads as follows; “The upgrade of Warham Road to the satisfaction of the Council‟s Director of Infrastructure Services.” 2. Part 2 ix) be amended to read as follows; “Council shall request the WAPC to impose a condition at the time of subdivision for Warham Road to be upgraded to the satisfaction of Council.”

CARRIED: 11/1 Res: 150411

AMENDED MOTION

That Council with respect to the request to rezone lots bounded by Mt Shadforth Road and Warham Road, Denmark: 1. Pursuant to Section 75 of the Planning and Development Act 2005 initiate Town Planning Scheme No. 3 Amendment No. 122 subject to the applicant undertaking the following modifications to the Scheme Amendment documentation (including the Subdivision Guide Plan) to the satisfaction of the Director of Planning & Sustainability: a. Retention of crossovers onto Mount Shadforth Road only where it provides access to existing development. b. All new lots to gain access off Warham Road (lot frontage). c. Restricted access onto Mount Shadforth Road for newly created lots for emergency purposes only in order to comply with Element 2.3 Cul-de- sacs of Planning for Bush Fire Protection Guidelines (May 2010). This criterion requires a maximum length of 200 metres and where emergency access is provided between cul-de-sac heads, maximum length can be increased to 600 metres provided no more than 8 lots are serviced. d. The upgrade of Warham Road to the satisfaction of the Council‟s Director of Infrastructure Services. e. The upgrade of the intersection of Mount Shadforth Road and Warham Road. f. The subdivision layout as currently provided for on Pt Lot 356 may alter depending on the outcome of the road closure process. 2. Amend Town Planning Scheme No. 3 by: a. Rezoning 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark from the „Rural‟ zone to the „Special Residential‟ zone. b. Amending Appendix XIV – Special Residential Zone Provisions Relating to Specified Areas, by including Special Residential Zone Area No. 15 as follows:  Column 1 – Particulars of the Land SRes 15 Warham Road Special Residential Zone 251 (Pt 356), 191 (Lot 22) and 165 (Lot 1) Mount Shadforth Road and 68 (Lot 355) Warham Road, Denmark  Column 2 – Proposed Uses Permitted Use (P): Single House, Home Occupation Permitted at Council‟s Discretion (AA): Cottage Industry, Home Business  Column 3 – Special Provisions i) The minimum size for new lots is 5000m2 ii) Subdivision shall generally be in accordance with the endorsed Subdivision Guide Plan iii) All buildings shall be located as follows:  8m from the Warham Road lot frontage;  10m from the rear of the lot/Mount Shadforth Road;  5m from the side of the lot; and  Development (excluding fences) to be setback 30m from Millars Creek.

Ordinary (Decision Making) Meeting of Council 27 April 2011

iv) No clearing of remnant vegetation shall occur except for:  Clearing to comply with the requirements of the Shire of Denmark Annual Fire Regulation Notice;  Removal of trees that are diseased or dangerous;  Clearing required to establish/maintain a fuel reduced Building Envelope;  Clearing to gain vehicular access to an approved dwelling; or  Any other clearing which may be approved by the Council. v) If boundary fencing is utilised, it shall be of rural construction such as pine posts/steel posts and strand to the satisfaction of Council. vi) On-site effluent disposal shall be the responsibility of the individual landowner and shall involve the use of Alternative Treatment Unit‟s approved by Council in accordance with Health Department of WA regulations and guidelines. vii) Council shall request the WAPC to impose a conditions at the subdivision stage requiring the subdivider to advise prospective purchasers of land of the following:  Fire management guidelines and responsibilities; and  That sewer and reticulated water are not available. viii) Council shall request the WAPC to impose a condition at the time of subdivision for additional tree/shrub planting for screening purposes along Mount Shadforth Road. ix) Council shall request the WAPC to impose a condition at the time of subdivision for Warham Road to be upgraded to an urban road standard, pursuant to Council‟s Guidelines for Development & Subdivision. x) Council shall request the WAPC to impose a condition at the time of subdivision for Warham Road to be upgraded to the satisfaction of Council. xi) Provision of potable water shall be the responsibility of the individual landowner at the time of development and shall involve the installation of a water storage tank of no less than 92kl capacity and provision of a minimum roof catchment of 200m2. c. Amending the Scheme Maps accordingly. 3. Refer Town Planning Scheme No. 3 Scheme Amendment No. 122 to the Environmental Protection Authority in accordance with Section 81 of the Planning and Development Act 2005. 4. Determine that Town Planning Scheme No. 3 Amendment No. 122 is consistent with the criteria listed under Section 25(2) of the Town Planning Regulations 1967 and resolve to proceed to advertising of the amendment for public inspection after consideration by the Environmental Protection Authority.

THE AMENDED MOTION THEN BECAME THE SUBSTANTIVE MOTION AND WAS PUT AND CARRIED: 12/0 Res: 160411

COUNCIL RESOLUTION MOVED: CR HINDS SECONDED: CR RICHARDSON-NEWTON

1. That the meeting be adjourned for a short break, the time being 6.30pm.

CARRIED: 8/4 Res: 170411

6.37pm – The meeting resumed with all members and staff who were present prior to the adjournment.

Ordinary (Decision Making) Meeting of Council 27 April 2011

8.2 Director of Community & Regulatory Services

8.2.1 UNBUDGETED EXPENDITURE FEAST NOT FIRE NIGHT File Ref: FIRE.1 Applicant / Proponent: Shire of Denmark Subject Land / Locality: Shire of Denmark Disclosure of Officer Interest: Nil Date: 10 April 2011 Author: Gregg Harwood, Director of Community & Regulatory Services Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services Attachments: Yes

Summary: This report discusses a request for Council to approve an out of budget contribution of $4,000 towards the 2011 Volunteer Bush Fire Brigade end of fire season “Feast Not Fire Night” function with commensurate funding of $4,000 from the 2010-2011 budget allocation for the Control Burn Fuel Reduction Program.

Councillors may recall that the 2010/11 draft Budget did include a provision for a Feast Not Fire night but in deliberations it was subsequently removed.

Background: In 2010 the end of fire season “Feast Not Fire Night” function was reinstituted and a $2,500 contribution was made towards the cost of running the event.

The night was attended by Bushfire Brigade and Town Volunteer Fire and Rescue Members and received several donations from local companies (principally wineries). Five Shire Administration Office staff also donated considerable amounts of their time both on and before the night to make the event successful.

The overall cost per head of the event was $38.75 and the event was attended by 125 Volunteer Bush Fire Brigade Town Volunteer Fire and Rescue Members who paid to attend and 13 dignitaries, including the CEO of FESA, attended free of charge.

The event was highly successful and gave a real morale boost to the both the volunteers and their partners. It also helped to build relationships and cooperation between brigades and show cased Council‟s capabilities as a hazard management agency to FESA, who are the major funder of Council‟s activities in this area.

Comment: In considering this request it is noted that this has been a year without major fires however Fire Control Officers and active brigade members still contribute significant amounts of time to the community through being available for call outs, maintaining fire sheds, vehicles and equipment, attending morning radio schedules, attending and providing training, issuing fire permits, educating community members and at times assisting them with fuel reduction burns and participating in Council‟s Control Burn Fuel Reduction Program.

In light of this level of community voluntary contribution, the Author believes it is reasonable to request Council make a $4,000 contribution on behalf of the community towards an event to thank them.

In considering this recommendation Councillors should note brigade members have also been fundraising for the night and it is anticipated that around $2,000 will be contributed from this source.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Consultation: The Bush Fire Advisory Committee support the continuation of annual Feast Not Fire Nights and have formed a working group to plan the 2011 function.

Statutory Obligations: Specific Council approval is required for unbudgeted expenditure under the Local Government Act 1995.

Policy Implications: There are no policy implications associated with the officer report or the Officer Recommendation.

Budget / Financial Implications: The control burn program currently has a $35,000 budget allocation and is in a position where it will have funds unused of approximately $5,000.

Given that volunteers conduct these burns at no cost to the community it is reasonable that a thank you night for them be funded out of this cost centre.

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

Sustainability Implications:  Environmental: There are no known environmental implications.

 Economic: As previously stated the “Feast Not Fire Night” boosts morale and helps to build relationships and cooperation between bushfire brigades which in turn improves their turn out times and cooperation on the fire ground which will reduce the economic damage caused by wildfires.

 Social: The volunteer bushfire brigade network is one of several organisations in Denmark that brings people together from communities across the Shire, regardless of their backgrounds and generations. The “Feast Not Fire Night” is a reflection of this and is a unique event in Denmark‟s social calendar.

Voting Requirements: Absolute majority.

OFFICER RECOMMENDATION ITEM 8.2.1

That Council approve the conducting of a Feast Not Fire Night in May 2011 and approve a variation to the budget as follows; 2. Increase operating expense account GL1510102 Other Expenses - Fire by $4,000 from $6,700 to $10,700; and 3. Decrease operating expense account GL1515002 Reserves Fire Management & Prevention Plan budget allocation by $2,000 from $35,000 to $33,000; 4. Increase operating income account GL1417503 Governance Reimbursements by $2,000 from $100 to $2,100, resulting in a nil net change to the predicted end of year position.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION ITEM 8.2.1 MOVED: CR LAING SECONDED: CR WAKKA

That Council approve the conducting of a Feast Not Fire Night in 2011 and approve a variation to the budget as follows; 1. Increase operating expense account GL1510102 Other Expenses - Fire by $4,000 from $6,700 to $10,700; and 2. Decrease operating expense account GL1515002 Reserves Fire Management & Prevention Plan budget allocation by $2,000 from $35,000 to $33,000; 3. Increase operating income account GL1417503 Governance Reimbursements by $2,000 from $100 to $2,100, resulting in a nil net change to the predicted end of year position.

CARRIED BY AN ABSOLUTE MAJORITY: 12/0 Res: 180411

REASONS FOR CHANGE Council removed reference to May to permit flexibility.

8.2.2 COMMUTER CARPARK/ VEHICLE SALE/GROWER’S MARKET SPACE File Ref: A3032 Applicant / Proponent: Shire of Denmark Subject Land / Locality: Shire of Denmark Administration Office, 953 South Coast Highway Denmark Disclosure of Officer Interest: Nil Date: 10 April 2011 Author: Gregg Harwood, Director of Community & Regulatory Services Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services Attachments: No

Summary: This report discusses the benefits of establishing a dual use commuter‟s car park in front of the existing employee parking at the Shire of Denmark‟s Administration Centre that will double as a weekend vehicle sale space and possible grower‟s market space and recommends that Council grant approval for the construction of a dual use car park in this location.

Background: In its 2010-2011 budget Council included an allocation of $15,000, funded from the Voluntary Environmental Sustainability Levy from 2009/10, for the construction a commuter park and it has been suggested by the Chief Executive Officer that the car park be constructed at Council‟s Administration complex.

The proposal has been referred to Council‟s Infrastructure Services team and they have estimated that a 300m2 car park including the associated entrances and exits can be constructed, drained, sealed and kerbed for $15,000. This area would be sufficient for 11 cars and one universal access parking bay.

Comment: Given the large numbers of people that commute from Denmark to Albany for employment there is a strong case to be made for establishing a commuter car park in the interests of vehicle safety and infrastructure wear (less cars on the road means less asphalt and sub base wear), fuel usage, emission savings and cost savings to commuting residents (4 people car pooling cut their commuting cost to 25%) as well as preserving the general amenity of East Denmark residents through a reduced number of vehicles on South Coast Highway during peak periods.

Ordinary (Decision Making) Meeting of Council 27 April 2011

While the vehicle related benefits of a commuter car park have been discussed often enough, the wider community benefits that could be achieved by locating a car park in a location where it can be used as a controlled weekend trading space has not been considered.

Currently Council has five issues that could be addressed through the construction of a multi usage commuter car park in front of the administration building.

1) Provision of a convenient relatively secure parking area for car pool commuter‟s cars.

The Shire Administration Centre is ideally located for commuters travelling to Albany and Mount Barker and will be relatively secure given that it is located directly in front of the Shire office and under the general observation of staff and customers who come in and out the Administration Centre.

2) Vehicles are currently being displayed for sale at three or more locations around Denmark‟s built up areas and the periodic vandalism of cars is occurring.

The impromptu displaying of vehicles for sale in public areas tend to quickly get out of hand becoming untidy and eventually becomes a road safety issue through vehicles obscuring sight lines.

The practice is currently being tolerated on the future supermarket site at the corner of South Coast Highway and Hardy Rd but this area will cease to be available when this development is commenced. Once this happens the ad hoc display of cars in appropriate locations will become a problem if an alternative location is not identified. The provision of a sanctioned weekend display area will greatly assist Council‟s Rangers in dealing with inappropriately displayed cars.

The other problem that is associated with displaying vehicles in the Hardy Rd area is that imported vehicles periodically get vandalised. It is anticipated that this would be less likely to occur if a parking area was established in front of the Shire office.

3) There is a need for extra parking at the Administration Centre for large events and its function as an Emergency Management Centre.

Periodically, large events place pressure on the availability of parking at the Shire office and the construction of additional parking will ease this pressure.

4) The provision of space for a future growers market.

While the establishment of growers market would be the subject of a further report that would involve consultation with the Denmark Chambers of Commerce, the Denmark Arts Council and community members (who have previously expressed an interest in the idea) it would be advantageous if Council could while it is creating a solution for commuter parking also create an opportunity for the establishment of a growers market and vehicle sales area.

The creation of such a market provides a controlled outlet for surplus locally grown fruit and vegetables as well as locally produced crafts and would add to Denmark‟s atmosphere as a tourist village. While such a market may eventually relocate at an alternate location such as the old hospital grounds or Anne Harrison Park, using a commuter car park at the Shire Office would be a good option for getting such a market off the ground.

5) The provision of space for vehicle based traders so that they are not trading in directly competition (in close proximity to) businesses in the CBD. 45

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One of the difficulties that Council staff experience in dealing with vehicle based trading applications is that they invariably want to trade in the CBD which usually puts them into direct and unequal completion with businesses operating out of fixed premises. The establishment of week day commuter car park and weekend trading area that is out of the CBD will provide Council with a suitable alternative for these traders.

Given that the preceding discussion it is clear that the establishment of a dual use commuter‟s car park, weekend vehicle sale and possible grower‟s market/ trading space at the Shire of Denmark Administration Office is a reasonable proposal that will benefit the community and approval is recommended.

Consultation: Community consultation has not been undertaken regarding this proposal as it will not affect adjoining property owners.

Statutory Obligations: Council has the power to control activities on its land under Council‟s local laws.

Policy Implications: There are no policy implications.

Budget / Financial Implications: A $15,000 budget allocation has already been made for the construction of a commuter car park and the proposed car park will be built within this constraint.

In the longer term if additional car bays are required for either additional car parking for staff, administration office customers or commuters, the car park can easily be extended or adapted depending upon the mix on demand.

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

Sustainability Implications:  Environmental: Car pooling significantly reduces the environmental impact of commuting through reduced carbon emissions and vehicle replacement/wear.

 Economic: Denmark‟s role as a dormitory suburb for workers who then commute to Albany or Mount Barker plays a significant part of the Denmark community‟s income stream. Any initiative that assists Denmark residents to commute more efficiently assists Denmark‟s economy.

 Social: One of the memorable quotes Rupert Murdoch‟s 2008 Boyer Lectures – "A Golden Age of Freedom" is the best way to improve the social situation of individuals and community is give them opportunity to participate in economic growth.

Creating a space for both a commuter car park and a weekend trading space is a step towards achieving this.

Voting Requirements: Simple majority.

Ordinary (Decision Making) Meeting of Council 27 April 2011

OFFICER RECOMMENDATION ITEM 8.2.2

That Council with respect to a proposed commuter & vehicle sale car park; 1. Approve the construction of a dual use commuter‟s car park in front of the existing employee parking area at the Shire of Denmark Administration Centre and that this car park be made available free of charge on Saturdays and Sundays for usage as a private vehicles for sale display area and a possible grower‟s market/weekend trading space. 2. Authorise the Director of Community and Regulatory Services to consult with the Denmark Chamber of Commerce, the Denmark Arts Council and community members, who have recently expressed an interest to Council, regarding the establishment of a possible grower‟s market/weekend trading space in the Shire of Denmark Administration centre commuter car park.

Information for Councillors from Cr Thornton The President and Committee of the Denmark Country Club support the proposal as the car park will be beneficial to the Country Club as an overflow car park during major events.

COUNCIL RESOLUTION ITEM 8.2.2 MOVED: CR THORNTON SECONDED: CR RICHARDSON-NEWTON

That Council make a written submission to the Denmark Country Club outlining a request to extend the current Information Bay into Reserve 22886, subject to the consent of Main Roads WA by; 1. Creating a long term commuter car park; and 2. Creating the possible dual use of a “private vehicles for sale” display area.

PROCEDURAL MOTION MOVED: CR SAMPSON SECONDED: CR BARROW

That the motion now be put.

CARRIED: 8/4 Res: 190411

THE MOTION WAS THEN PUT & CARRIED: 11/1 Res: 200411

REASONS FOR CHANGE Council believed that extending the existing Information Bay would be more aesthetic and beneficial than creating an additional car park in front of the Shire Administration Centre.

COUNCIL RESOLUTION ITEM 8.2.2 MOVED: CR SYME

That resolution 200411 be rescinded.

Four Councillors indicated their support for the Council to consider the proposed rescission motion.

Cr Syme withdrew his rescission motion.

Ordinary (Decision Making) Meeting of Council 27 April 2011

8.2.3 PEACEFUL BAY WATER SUPPLY TANKS File Ref: A3104 Applicant / Proponent: Shire of Denmark Subject Land / Locality: Peaceful Bay Lease Hold Area Non Potable Water Supply Disclosure of Officer Interest: Nil Date: 10 April 2011 Author: Gregg Harwood, Director of Community & Regulatory Services Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services Attachments: Yes

Summary: This report discusses and recommends that Council accept a 2010 Dry Season Assistance Scheme grant of $15,000 for the purchase of two water tanks for the non potable water supply at Peaceful Bay approve a $6,000 out of budget allocation for installation of these tanks.

The report also recommends that the $6,000 required to cover the costs of the installation be transferred from Council‟s 2010-2011 budget provision for fighting wildfires which is currently unspent due to a fortunate absence of wildfires over the summer period.

Background: In November 2010 the Director of Community and Regulatory Services recognised an opportunity to apply for Dry Season Funding (acquittal form attached) that the State Government had made available for the installation of water tanks to assist with emergency farmland water carting and fire fighting purposes.

A successful application was made to the Department of Agriculture and Food for two water tanks for the Peaceful Bay non potable water supply and Council now has the opportunity to accept up to $7,500 per tank for two water tanks on the basis that it installs and plumbs the tanks at its own cost.

The grant must be acquitted by the 31 of May 2011 and the $7,500 per tank grant which will enable Council to purchase colourbond steel tanks with food grade polypropylene liners in the 70-110,000 gallon range depending on what capacities various manufacture have on special at the time the order is placed.

It is proposed to install one tank as an additional header tank on the hill and to install the other on the site of the existing fibreglass fire fighting water tank between Fourth and Fifth Avenue. In is intended to relocate the fibreglass tank to the cul-de-sac head of Fifth Avenue where the non potable supply water pressure is poor and there is an elevated risk of bush fire attack.

All three tank sites can be prepared with minimal clearing of vegetation and site works meaning that the project is in effect „shovel ready‟ and can be completed by the 31 May 2011.

Comment: The reason why Peaceful Bay non potable water supply was selected is that it storage tanks under peak usage only have sufficient capacity to supply the settlement for 4 - 8 hours of normal usage in the event that both pumps fail or there a sustained power cut.

Up until the summer of 2007, when the Council staff commenced educating leaseholders regarding water usage and imposed summer day time sprinkler bans, the supply regularly ran low and at times actually ran out as a result of the lagoon

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being pumped dry. This last occurred on New Year‟s Eve 2006-2007 and resulted in Council paying a plumber to door knock the settlement and ask 60 leaseholders to turn off their sprinklers.

In addition to the current limited storage capacity the water supply is also vulnerable due to its reliance on gravity water tanks meaning that damage to one part of the supply means that the entire supply must be turned off while the damaged area is repaired. Events such as a hydrant being torn off at ground level has the potential to cause the supply to lose its entire storage capacity.

This vulnerability has been highlighted by two events that have occurred in the last 18 months. The first event occurred in January 2011 when a branch line in First Avenue that failed under peak season traffic loads as a result of being punctured by star pickets a few months before that been used to hold bunting on a recently bituminised driveway. The second event occurred during winter of 2010 when backhoe that was being used at the bushfire brigade shed rolled away and took the shed‟s hydrant off at ground level emptying the supply.

The installation of additional tanks that will increase the supplies storage capacity from 4-8 hours to 1-2 days and this increased capacity will ensure that there is sufficient capacity to fight fires and run the settlement in the event of a sustained power outage which is a very real scenario if there is a fire in the area.

The location of a large tank between Fourth and Fifth also has an additional benefit in that this tank can eventually be fitted with a pressure pump enabling it to provide improved pressure to Fifth Avenue residents. The fitting of a pump to this tank will also give the ability to still supply the settlement water in the event of problem with the gravity supply or a burst main on the other side of the settlement.

The installation of the tanks will also assist Council in meeting service customer service obligations under its Economic Regulatory Authority Licence for the supply.

Consultation: The Peaceful Bay Progress Association has been consulted and they have advised that they support the installation of the new tanks and the relocation of the existing tank to the Fifth Avenue cul-de-sac.

Statutory Obligations: Specific Council approval is required for unbudgeted expenditure under the Local Government Act 1995.

Policy Implications: Delegation D040223 states:

The Chief Executive Officer is delegated authority to make submissions for grants and/or subsidies from State and Commonwealth Governments without prior approval of Council. In exercising this delegated authority the following conditions shall be observed: 1. The grant/subsidy shall not be accepted without Council‟s endorsement. 2. The undertaking is to be in accordance with Council‟s established strategic objectives.

Budget / Financial Implications: Council budget allocation for fighting wildfires is largely unused due to a low number of wildfires and it is proposed to allocate $6,000 from this account.

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 minor environmental implications as indicated under the background section of the report.

 Economic: There are no known significant economic implications relating to the report or the officer recommendation.

 Social: There are no known significant social implications relating to the report or the officer recommendation.

Voting Requirements: Absolute majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.2.3

That Council; 1. Accept the 2010 Dry Season Assistance Scheme grant of $15,000 (plus GST) for the purchase of two water tanks for the non potable water supply at Peaceful Bay, that has been offered by the Department of Agriculture and Food; and 2. Approve a budget variation as follows; a) Decrease operating expenditure account GL1510322 Fire Fighting Expenses by $6,000 from $10,000 to $4,000; b) Create a new operating income account entitled Grants & Subsidies with a budget of $15,000; a) Create a new capital expenditure account entitled Water Tanks with a budget of $21,000, noting a nil net impact on the predicted end of year position at 30 June 2011.

CARRIED BY EN BLOC RESOLUTION No. 100411

8.3 Director of Infrastructure Services

8.3.1 PEACEFUL BAY FINGER JETTY INVESTIGATIVE STUDY File Ref: GRT.94 Applicant / Proponent: Shire of Denmark Subject Land / Locality: 1423 Peaceful Bay Road Disclosure of Officer Interest: Nil Date: 11 April 2011 Author: Sharon Bracknell, Engineering Administration Officer Authorising Officer: Bruce Smith, Acting Director of Infrastructure Services Attachments: Yes

Summary: This report recommends the appointment of Coffey Environments to undertake an Investigative Study for the proposed Peaceful Bay Finger Jetty and authorising a budget amendment for an additional Council contribution of $6,290.

Background: Council has been successful in obtaining grant funding through the Department of Transport Regional Boating Facilities Scheme which was originally for $42,000. Transport has since approved an increase to the funding amount for a total contribution of $60,870 as per the attached letter. Council originally agreed to contribute $14,000 as per Council resolution 130910.

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Should the submission by Coffey Environments be accepted a further $6,290 would be required for a total contribution by Council of $20,290.

In progressing the project, two submissions were received on closure of the advertising period. Both exceed the estimated project cost, with the submission from Coffey Environments for $81,160 and from GHD for $96,578.

Comment: It is noted that Coffey Environments do not include a detailed boat parking plan nor detailed cost estimates for construction of the jetty.

It is deemed that these items can be conducted in house with a detailed parking plan to be completed by Engineering Technical Staff and expressions of interest/quotes to be called for cost estimates.

Consultation: Department of Transport. Peaceful Bay Progress Association representatives. Peaceful Bay Sea Rescue Group.

Statutory Obligations: There are no statutory obligations.

Policy Implications: There are no policy implications.

Budget / Financial Implications: Council at its ordinary meeting in September 2010 approved a budget variation of $14,000 (as per resolution 130910) to the Department of Transport grant funds. Further unbudgeted expenditure of $6,290 for a total contribution by Council of $20,290, is required to complete the Project.

It is recommended that Council find this additional $6,290 from savings under Infrastructure Services Consultancies, budget line 1430702.

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: Absolute majority.

At the meeting held on the 19 April 2011, Cr Sampson asked what exactly Coffey Environments would be providing in the Study.

Ordinary (Decision Making) Meeting of Council 27 April 2011

The Chief Executive Officer has provided a copy of Coffey Environments‟ quote to Councillors with their Agenda.

OFFICER RECOMMENDATION ITEM 8.3.1

That with respect to the proposed Peaceful Bay Finger Jetty Investigative Study, Council approve: 1. The appointment of Coffey Environments to undertake an Investigative Study for the proposed Peaceful Bay Finger Jetty at a total cost of $81,159.50 (excl GST). 2. A budget variation as follows; a) Increase operating expenditure account GL1121032 Peaceful Bay Jetty Study for the Study by $25,160 from $56,000 to $81,160; b) Decrease operating expenditure account GL1430702 Infrastructure Service Consultancy and Surveys by $6,290 from $ $10,000 to $3,710; c) Increase operating income account GL1326633 Grant Peaceful Bay Jetty Study by $18,870 from $42,000 to $60,870, noting a nil net impact on the predicted end of year position at 30 June 2011.

COUNCIL RESOLUTION ITEM 8.3.1 MOVED: CR LAING SECONDED: CR RICHARDSON-NEWTON

That the item be deferred due to preliminary concerns in relation to vehicular and pedestrian movements and the environmental constraints therein.

CARRIED: 12/0 Res: 210411

8.4 Director of Finance & Administration

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MARCH 2011 File Ref: FIN.1 Applicant / Proponent: Not applicable

Subject Land / Locality: Denmark Disclosure of Officer Interest: Nil Date: 6 April 2011 Author: Garry Bird, Director of Finance and Administration Authorising Officer: Garry Bird, Director of Finance And Administration Attachments: Yes

Summary: It is a requirement of the Local Government Act 1995 that monthly and quarterly financial statements are presented to Council, in order to allow for proper control of the Shire‟s finances. In addition, Council is required to review the Municipal Budget on a six monthly basis to ensure that income and expenditure is in keeping with budget forecasts. It should be noted that the budget is monitored on a monthly basis in addition to the requirement for a six monthly review.

The attached financial statements and supporting information are presented for the consideration of Elected Members and Council staff welcome enquiries in regards to the information contained within these reports.

Background: In order to prepare the attached financial statements, the following reconciliations and financial procedures have been completed and verified;

• Reconciliation of all bank accounts. • Reconciliation of the Rates Book, including outstanding debtors and the raising of interim rates. 52

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• Reconciliation of all assets and liabilities, including payroll, taxation and postal services. • Reconciliation of the Sundry Debtors and Creditors Ledger. • Reconciliation of the Stock Ledger. • Completion of all Works Costing transactions, including allocation of costs from the Ledger to the various works chart of accounts.

Comment: Trust and Restricted Funds have been invested for thirty days with the National Bank, maturing 28 March 2011 at the quoted rate of 4.90%

Reserve Funds have been invested with Members Equity Bank, placed in an on call cash account at the rate of 5.60%.

Surplus municipal funds ($894,274) have similarly been invested in the Members Equity on call cash account; to take advantage of the excellent rate on offer and the high liquidity aspect to this transaction i.e. funds are available immediately if so required).

Key Financial Indicators at a Glance The following comments and/or statements are provided to provide a brief summary and/or assist in the interpretation and understanding of the attached Financial Statement.

 Based on financial commitments made since the adoption of the Budget, and amendments made to the original budget at the February 2011 Council Meeting, the 30 June 2011 end of year position is estimated to be a deficit of $15,492 (Note 5).  Operating income is slightly higher than that predicted for 31 March 2011, and expenditure is less than estimated (Statement of Financial Activity).  The 2010/11 Capital Works Program is proceeding well, with 50.09% of expenditure completed, significantly higher than previous years (Statement of Financial Activity).  Rates Collection percentage of 95.02% is in keeping with historical collection rates (Note 6).  Transfers to and From Reserve are yet to be effected for the 2010/11 year, with this task generally being undertaken in the second half of the year (Note 9).  Salaries and Wages expenditure is proceeding as per budget estimates (not reported in Financial Statement)

Consultation: Nil

Statutory Obligations: Local Government Act 1995 Section 5.25 (1) Local Government (Financial Management) Regulations 1996

The attached statements are prepared in accordance with the requirements of the Local Government Act 1995.

Policy Implications: Policy P040222 relates as follows;

P040222 MATERIAL VARIANCES IN BUDGET AND ACTUAL EXPENDITURE For the purposes of Local Government (Financial Management) Regulation 34 regarding levels of variances for financial reporting, Council adopt a variance of 10% or

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greater of the annual budget for each program area in the budget, as a level that requires an explanation or report, with a minimum dollar variance of $5,000.

The material variance is calculated by comparing budget estimates to the end of month actual amounts of expenditure, revenue and income to the end of the month to which the financial statement relates.

This same figure is also to be used in the Annual Budget Review to be undertaken after the first six months of the financial year to assess how the budget has progressed and to estimate the end of the financial year position.

Budget / Financial Implications: Other than the matters identified in the Budget vs Actual Variance Report, income and expenditure is proceeding as per budget forecasts and the end of year position should be as per that projected in the revised 2010/11 Municipal Budget end of year position, assuming all projects proceed and are completed in this timeframe.

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.

COUNCIL RESOLUITON & OFFICER RECOMMENDATION ITEM 8.4.1 MOVED: CR WAKKA SECONDED: CR SAMPSON

That with respect to Financial Statements for the month ending 31 March 2011, Council; 1. Receive the financial report, incorporating the Statement of Financial Activity, Adopted Budget Amendments and Variations Report and other supporting documentation. 2. Endorse the Accounts for Payment as listed.

CARRIED: 11/1 Res: 220411

Ordinary (Decision Making) Meeting of Council 27 April 2011

Prior to consideration of Item 8.4.2 through Presiding Person the Chief Executive Officer brought to the attention of the meeting the following disclosure(s) of interest:

8.4.2 DENMARK PISTOL CLUB (INC) – LEASE OF RESERVE 36044 File Ref: A3167 Applicant / Proponent: Denmark Pistol Club Inc Subject Land / Locality: 223 Churchill Rd, Denmark Disclosure of Officer Interest: Nil Date: 5 April 2011 Author: Garry Bird, Director of Finance & Administration Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: The lease of Reserve 36044, 223 Churchill Rd Denmark, between the Shire of Denmark and the Denmark Pistol Club Inc expired on 31 March 2011. This lease was for a 21 year term provided at peppercorn ($1 per annum) rental.

It is proposed that further lease be entered into with the Pistol Club for the maximum allowable term of 21 years, in accordance with the Management Order for the Reserve.

Background: The Pistol Club have occupied the site for 21 years (the term of the previous lease), with the facilities located onsite being developed by club members, with assistance from the Shire of Denmark and Department of Sport and Recreation. The following buildings and facilities have been developed over the term of the previous lease by the lessee;  Clubhouse Shed.  Range – Firing Shed.  Toilet and rainwater tank.  3 Firing Ranges (25m, 50m and 100m) and associated earth banks, and  Clearing and roadworks.

All maintenance requirements of the Reserve 36044 are undertaken by club members, in accordance with the terms of the lease and there have been no reported complaints regarding their occupation and use of the Reserve.

Comment: The Draft Lease reflects the existing management and maintenance responsibilities of both parties that were contained in previous leased agreements.

The Draft has been based on the pro-forma lease document for community groups and modified where necessary to suit the specific requirements of this site. The main changes to the pro-forma lease are summarised as follows;

(a) On the production of a receipt for payment of the Local Government rate assessment notice in the financial year such levies and payment is made the Lessor shall reimburse the Lessee an amount equal to land rates with the Lessee to meet the cost of ESL refuse and interest (if any) charges showing on that notice.

(b) The Lessor‟s Principal Building Surveyor shall inspect the Leased Premises annually in conjunction with the Lessee. 55

Ordinary (Decision Making) Meeting of Council 27 April 2011

Given the Clubs association with the reserve and that there would appear to be no immediate alternative use for the site, a new lease arrangement is recommended.

Statutory Obligations: In accordance with the Management Order, Council can dispose of the property by lease for a term of up to 21 years.

The Denmark Pistol Club Inc is exempt from requirements under the Local Government Act 1995 for disposal of property.

Policy Implications: Policy P110102 Leasing of Land and/or Buildings to Community Groups relates as follows;

P110102 LEASING OF LAND AND/OR BUILDINGS TO COMMUNITY GROUPS

The following provisions of Policy P110102 relate;

With respect to community groups exclusively occupying, or seeking to exclusively occupy, Council property or buildings; a. There be a signed lease based on Councils standard „not for profit‟ lease prior to occupation or upon renewal; b. Council desires lessees to be incorporated (with the exception of Volunteer Bush Fire brigades which are covered under the Bush Fires Act) (CEO addition September 2008); c. Contribution by Council towards legal costs (if required) by Council 100%; d. Have differing rentals discounted to market valuation depending upon the following factors; i. To what degree the property is utilised for charitable, not for profit or sporting purposes; ii. The ability of the lessee to derive income from use of the property including sub-leases, rental hire and the presence of a liquor license; iii. The strategic value of the land in the short term to Council; iv. To what degree if any that the use is competing with commercial enterprise; e. Where the applied rental is lower than a valuation or real estate rental appraisal, Council indicate that contra difference in its annual budget, for that property; f. Offer local authority rate exemption rebate donation (rather than exemption contra); g. Offer Council insurance of the buildings and Council owned property / contents without recoup of the annual premium and to encourage repairs and reinstatement through insurance claims, Council will meet all bar the first $500 of any insurance excess on claims; h. All outgoings and consumable costs to be met by the lessee including but not limited to water, sewer, gas, telephone, ESL, refuse charges, etc; i. Lessees to meet all ongoing internal and external building and grounds maintenance other than structural building repairs; j. Leases require endorsement of Council prior to signing; k. Have differing tenure and renewal rights and terms depending upon the strategic future requirements for that land and or building(s) but based on a maximum of 21 years including any right of renewal (subject to the prevailing management order if applicable); l. The use of the property is consistent with the zoning and/or management order and power to lease exists (if required). n. Councils Principal Building Surveyor at least on an annual basis inspect all leased buildings and land to ascertain their state of maintenance pursuant to the lease and priority for future and long term maintenance in conjunction with the lessee.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Budget / Financial Implications: There are no budget or financial implications arising from the proposed lease, with all maintenance requirements of the Reserve the responsibility of the lessee.

The Reserve is non-rateable and the proposed rental income is $1.00 per annum, if demanded.

Strategic Implications: There is no known alternative long term strategic use for the site.

Sustainability Implications:  Environmental: There are no environmental implications arising from the proposed Lease.

 Economic: There are no economic implications arising from the proposed Lease.

 Social: The Denmark Pistol Club is a valuable community asset that provides a sporting and social opportunity for pistol shooting enthusiasts. It is noted that local police also use the range for shooting and target practice.

Voting Requirements: Simple majority.

At the meeting held on the 19 April 2011; • Cr Thornton requested whether the lease could include reference to pistols only as he had heard some rather loud gun fire which raised concerns whether the persons using the facility were occasionally using firearms other than pistols; and • Cr Barnes requested that the Lease specifically state that only pistols may be fired.

The Director of Finance & Administration advises that further investigation was undertaken with it being ascertained that the Denmark Pistol Club Inc are required to obtain approval from WA Police to operate a firing range, which has been obtained subject to adherence to the following conditions;  All shooting to be conducted “Down the Line”.  Handguns to .45 calibre.  Schedule 2 rifles loaded to handgun specification only.  SSAA shotgun events using up to 6 1/2 gauge.  Lead projectiles only. No jacketed ammunition to be used.  No shooting to be conducted on other ranges whilst this range is in use.

A copy of the correspondence received from WA Police is below for the information of Elected Members.

Ordinary (Decision Making) Meeting of Council 27 April 2011

In light of the above, it is recommended that the Draft Lease be amended to reflect that the Denmark Pistol Club Inc is required to operate in accordance with all conditions imposed by WA Police, in accordance with Section 21 (1) (a) of the Firearms Act.

FORMER OFFICER RECOMMENDATION ITEM 8.4.2

That Council agree to lease Reserve 36044 to the Denmark Pistol Club Inc for a term of 21 years at an annual rental of $1.00 per annum, with all other terms and conditions to be as per the attached Draft Lease.

A revised Officers Recommendation is provided below;

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.2

That Council agree to lease Reserve 36044 to the Denmark Pistol Club Inc for a term of 21 years at an annual rental of $1.00 per annum, with other terms and conditions to be as per the attached Draft Lease, subject to the following addition as a “Special Condition” of the lease; 1. The Denmark Pistol Club must at all times operate in accordance with the approval issued by WA Police to operate a firing range at the site, including all conditions that may be imposed.

CARRIED BY EN BLOC RESOLUTION No. 100411

8.4.3 PROVISION OF SBS FM RADIO SERVICE File Ref: SER.6, A575 Applicant / Proponent: Special Broadcasting Radio (SBS) Radio

Subject Land / Locality: A575 Weedon Hill Broadcasting Tower, Payne Rd Denmark. Disclosure of Officer Interest: Nil Date: 10 April 2011 Author: Garry Bird, Director of Finance and Administration Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: Correspondence has been received from Special Broadcasting Service (SBS) Radio, advising that a grant submitted to provide SBS radio services from the Weedon Hill Broadcasting Tower had been successful.

The amount of the grant is $25,000 (plus GST) and will cover the full cost of the project.

Approval of Council to accept the grant in accordance with Delegation D040223 Grants and Subsidies and an amendment to the Municipal Budget are both required before the funding agreement can be signed and the project commence.

Background: SBS provide a self help funding scheme to assist rural and remote areas access the broad range of television and radio services available.

In discussing the provision of digital television services with N-Com, a company who specialise in designing and installing digital and analogue broadcasting services, the availability of this funding to provide SBS radio was brought to the Officers attention.

Given the maximum grant of $25,000 (plus GST) was sufficient to cover the full cost of installation ($23,735 plus GST, based on quote received from N-Com) it was considered appropriate to submit a funding application.

Comment: One additional multi-language FM radio service will be available to Denmark residents, which contains news and music in a variety of foreign and indigenous languages.

In addition, the installation of some equipment will assist in the transition to digital television in 2013, providing a cost saving (estimated to be $6,300) at this time.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Application to the Australian Communications and Media Authority (ACMA) for the license to broadcast the SBS radio services has been submitted, pending acceptance of the grant by Council.

Consultation: Nil.

Statutory Obligations: Local Government Act 1995 Local Government (Financial Management) Regulations 1996

Policy Implications: Council Delegation D040223 Grants and Subsidies relates as follows;

3. The grant/subsidy shall not be accepted without Council‟s endorsement. 4. The undertaking is to be in accordance with Council‟s established strategic objectives.

Budget / Financial Implications: If Council agrees to accept the grant, an amendment to the Municipal Budget will be required to satisfy the provisions of the Local Government Act in regards to unbudgeted expenditure. In effect, income and expenditure will be increased to reflect the income received from the grant and the outlay of expenditure on the project.

The net impact on the 2010/11 Municipal Budget will be nil.

Ongoing maintenance of the equipment will be minor and infrequent and normally undertaken in conjunction with existing maintenance and repairs at the site.

Strategic Implications: There are no known strategic implications arising from the provision of the proposed FM radio service.

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: Access to SBS radio services will provide further choice of radio services to residents, with the SBS service being renowned for programming of a multicultural nature.

Voting Requirements: Absolute Majority.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.3

That with respect to the approved grant for a Special Broadcasting Service Radio, Council; 1. Agree to accept the funding to install SBS radio services at the existing Weedon Hill Broadcasting Tower, and 2. Approve a budget variation as follows; a) Create a new Capital Expenditure Account with a budget of $25,000; b) Create a new income Account with a budget of $25,000, noting a nil net impact on the predicted end of year position at 30 June 2011.

CARRIED BY EN BLOC RESOLUTION No. 100411

Prior to consideration of Item 8.4.4 through Presiding Person the Chief Executive Officer brought to the attention of the meeting the following disclosure(s) of interest:

Cr Richardson-Newton is a member of Denmark Tourism Inc., Cr Barrow is a financial member and Chair of Denmark Tourism Inc. and Cr Thornton is Council‟s Delegate to Denmark Tourism Inc. and as a consequence there may be a perception that their impartiality on this matter may be affected. Cr Richardson-Newton, Cr Thornton and Cr Barrow declare that they will consider this matter on its merits and vote accordingly.

8.4.4 DENMARK TOURISM (INC) – SUB-LEASE OF RESERVE 48198 File Ref: A3167 Applicant / Proponent: Denmark Tourism Inc Subject Land / Locality: Lot 3000 South Coast Highway, Denmark Disclosure of Officer Interest: Nil Date: 12 April 2011 Author: Garry Bird, Director of Finance & Administration Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: Correspondence has been received from Denmark Tourism Inc (DTI) seeking approval from Council to allow a sub-lease of two separate portions of the Denmark Visitors Centre, in accordance with the provisions of the lease.

Denmark Tourism proposes to sub-lease the retail area at the Visitors Centre to private enterprise with the aim of improving the financial operations and viability of the Visitors Centre. A copy of the Expression of Interest document and lease area is attached for the information of Elected Members.

Further a lease with Denmark Arts Inc and the Mill Group is proposed for the area formerly leased (with the approval of Council) to Ms A Cartwright, for the purpose of exhibiting local art.

Written Council approval is required to allow such both sub-lease arrangements and as such the matter is presented to Council for formal consideration.

Background: Reserve 48198 has been leased to DTI since 1 May 2007, with the lease due to expire on 30 April 2012, with an option of a further five year term. In effect the lease expires 30 April 2017.

In regards to the retail area sub-lease, following a recent review of Visitors Centre operations, the Board of DTI has resolved to seek expressions of interest from private enterprise to operate the following activities from this area;

Ordinary (Decision Making) Meeting of Council 27 April 2011

 A tour desk where visitors can book tours etc with DTI members.  A hire desk.  General visitor information to complement the existing service provided by Visitors Centre staff and volunteers.

Expressions of Interest have been invited from DTI members for the proposed space and close 15 April 2011, so at this point in time the tenant of the sub-lease is unknown. It is hoped that this information will be available by the Council Meeting.

The area proposed to be leased to Denmark Arts and The Mill Group is supported by the Officer.

Council has previously approved a sub-lease to allow the Denmark Woodturners Inc to operate out of the Visitors Centre and this request does not alter or impact on that sub-lease

Comment: The provisions of the lease in regards to sub-lease arrangements states “such consent would not be unreasonably withheld by the Lessor”.

This provision restricts Council‟s ability to withhold such approval and would obviously need to have strong reasons to do so.

The benefit of such an arrangement from the Visitors Centre perspective is that a commercial lease fee will be paid by the private operator which will increase income to DTI and by ceasing to operate the retail area, which is understood to operate on ever decreasing returns, will save additional costs.

The amount of rental return for the proposed sub-leases is not yet known and will be determined by the Expressions of Interest received.

All of these issues are able to be managed by DTI and to provide Council with the confidence that Visitor Centre operations will not be unduly affected; approval of the sub-lease could contain appropriate conditions to ensure the quality of service is maintained.

Statutory Obligations: Local Government Act 1995

Policy Implications: There are no Policy implications.

Budget / Financial Implications: The sub-leases may have an impact upon future budgets depending upon the success and value of the lease by allowing Council to reduce its contribution to the net operating shortfall of the Visitor Centre.

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 proposed Leases.

 Economic: Tourism is generally considered to be the main economic driver for the Shire of Denmark and the Lease and Service Agreement between the Shire of Denmark and DTI underpin these activities within the Shire.

 Social: There are no social implications arising from the proposed sub-lease arrangements. 62

Ordinary (Decision Making) Meeting of Council 27 April 2011

Voting Requirements: Simple majority.

FORMER OFFICER RECOMMENDATION ITEM 8.4.4

That Council agree to the proposed sub-lease of the retail space at the Denmark Visitors Centre, subject to the following conditions; 1. Full details of the proposed sub-lease be submitted to the Shire for approval by the Shire President and Chief Executive Officer prior to signing, such details to include lessee, term, a service agreement, lease/rental income and a copy of the sub-lease document. 2. A Service Agreement between Denmark Tourism Inc. and the private operator be submitted, pursuant to part 1, to protect visitor servicing arrangements and establish set standards by which the private operator must undertake these activities. 3. An independent valuation be obtained to establish the market value of the proposed sub-lease area and that this valuation be the basis by which final lease fees are negotiated with the sub-lessee. 4. The sub-lease to contain appropriate provisions to end the arrangement if proven to be unsatisfactory from a visitor servicing viewpoint and failure by the lessee to meet standards prescribed in the service agreement (see Condition 2 above).

At the meeting held on the 19 April 2011, the Director of Finance & Administration advised Councillors that Denmark Tourism Inc had confirmed that the tour desk would provide information and bookings of tours only not accommodation. Mr Bird added that the Chief Executive Office of Denmark Tourism Inc. had asked whether there could be an additional area for Denmark Arts & the Denmark Mill Art Group for an art space and that he would include the request in the Agenda for next week‟s meeting.

Cr Richardson-Newton requested that part 4 of the recommendation be removed, given that it was an operational matter and that Councillors be provided with a copy of the lease between Council and Denmark Tourism Inc for next week‟s meeting.

The Director of Finance & Administration provides the following amended Officer Recommendation to reflect the additional information received and Cr Richardson- Newton‟s concerns.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.4 MOVED: CR RICHARDSON-NEWTON SECONDED: CR EBBETT

That Council agree to the proposed sub-leases at the Denmark Visitors Centre, subject to the following conditions; 1. Full details of the proposed sub-leases be submitted to the Shire for approval by the Shire President and Chief Executive Officer prior to signing by representatives of Denmark Tourism Inc, such details to include lessee, term, a service agreement, lease/rental income and a copy of the sub-lease document. 2. An independent valuation be obtained to establish the market value of the proposed sub-lease areas and that this valuation be the basis by which final lease fees are negotiated with the sub-lessees.

CARRIED: 12/0 Res: 230411

7.09pm – The Director of Community & Regulatory Services left the meeting.

Ordinary (Decision Making) Meeting of Council 27 April 2011

8.5 Chief Executive Officer

The CEO announced through the Chair that he declares a financial interest in Item 8.5.1 in that he is an employee whom the policy may relate to. The Chief Executive Officer advised that he has considered this matter on its merits and will advise Council accordingly.

8.5.1 POLICY MANUAL REVIEW – POLICIES P130301 TO P140401 File Ref: ADMIN.2 Applicant / Proponent: Not applicable Subject Land / Locality: Not applicable Disclosure of Officer Interest: Mr Stewart declares and impartiality interest in that he is an employee whom the policy may relate to. Date: 11 April 2011 Author: Dale Stewart, Chief Executive Officer Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: No

Summary: This report recommends amendments to Council‟s Policy Manual following discussion by Councillors at a briefing session held in March 2011.

Background: In March 2011 the following policies were reviewed by Councillors during a briefing session, the highlighted Policy were flagged for amendment;

P130301 Guidelines for Temporary Accommodation P130302 Building Statistics P130601 Retail Trading Hours Exemption Order P140101 Private Works Policy P140301 Staff - Protection from the Sun for Outdoor Work (Repealed & Replaced 27 October 2009 – refer to Human Resources Manual) P140302 Occupational Safety & Health Policy P140401 Council Tools & Equipment

Comment: The Policies reviewed which were discussed as requiring referral to Councillor for debate / consideration are detailed below together with comments and recommendations from the author. P140101 PRIVATE WORKS POLICY Council not tender for private works and only undertake private works as approved by the CEO or Director of Infrastructure Services in the following circumstances: 1. Direct requests from Government Departments. 2. For ratepayers where the value of works billed is likely to be under $500 and does not detract from Councils normal works programming. 3. Direct requests from developers/individuals when local contractors either cannot take the contract or are not invited to do so. 4. For sporting and local non-profit organisations. 5. Private Works only involves „wet hire‟ of plant and equipment. 6. Council employees are permitted to hire Councils Plant & Equipment for works on their own property or minor private tasks subject to it not involving commercial profit or gain. In these circumstances only duly trained personnel shall operate the hired machinery and all cost of hire be charged at normal adopted rates unless the hirer is also the trained operator. In such cases the charge to apply will be the adopted Council hire fee less the operator‟s hourly wage rate and overhead calculation.

Ordinary (Decision Making) Meeting of Council 27 April 2011

AMENDED by Res: 230109 / 27 January 2009

Approximately 12 months ago, the Department of Local Government recommended that the Policy be reviewed and staff not be allowed to hire plant under this basis, following an investigation into a complaint about a member of staff by a ratepayer.

Councillors considered this request at its meeting held on the 24 August 2010 and the following motion was lost 5/6 (Res. No. 070810).

“That Council, as a result of concerns express by ratepayers as to the perception of lack of transparency of the existing practice of Council employees being able to hire Council equipment and in supporting the recommendations of the Anti Corruption Commission in 1997 (now known as the Corruption and Crime Commission of WA), amend Policies P140101 Private Works and P140401 Council Tools and Equipment, as follows; 1. Amend Part 6 of Policy P140101 such that it reads “Council employees are not permitted to hire Councils Plant & Equipment for works.” and; 2. Delete Part 5 of Policy P140401.”

More recently and based on input from the March Briefing Session of Councillors the CEO determined that the policy should be reviewed by Council with a view to cross referencing it to Policy P140401 and potentially placing part 6 into Policy P140401 (Council Tools & Equipment) which states as follows;

P140401 COUNCIL TOOLS AND EQUIPMENT 1. Private use by Council employees of Councils tools and equipment not be permitted under any circumstances. 2. All tools and equipment belonging to the Shire of Denmark be clearly marked to identify ownership. (Note: This policy does not apply to consumable items such as fence posts, nuts, bolts, sharpening files, drainage pipes, etc.). 3. Private use is defined as use by an employee on non work related tasks and is intended to support the Councils Code of Conduct dealing with similar provisions. 4. Council‟s tools and equipment is defined as small items of plant such as the asset class known as „minor plant and equipment‟. Such things typically include chainsaws, electrical tools and equipment, whipper snippers, mowers and the like. Plant that is licensed and assets falling into the class of Motor Vehicles and Major Equipment or Computer Equipment is not covered by this policy. 5. Nothing in this policy prevents a Council employee hiring equipment under the Councils Private Works Policy.

ADDED by Res: 349/97 / 23 September 1997 AMENDED by Res: 230109 / 27 January 2009

Based on Councillor input from the last Briefing Session, the CEO determined that this policy should also be reviewed by Council and cross referenced to Policy P140101.

Consultation: Councillors and Directors.

Statutory Obligations: There are no statutory obligations.

Policy Implications: Should Council agree to amend the policies as recommended then Council‟s Policy Manual will be updated accordingly to reflect those changes.

Budget / Financial Implications: There are no known financial implications upon the Council‟s current Budget or Plan for the Future. 65

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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 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.

7.10pm – The Director of Community & Regulatory Services returned to the meeting.

OFFICER RECOMMENDATION ITEM 8.5.1

That with respect to Council‟s Policy Manual, Council; 1. Endorse without change Policies P130301, 130302, 130601, 140301 & 140302. 2. Amend Policy P140101 Private Works as follows; a. Part 6 to read; “Council employees are permitted to hire Councils Plant & Equipment for works on their own property or minor private tasks subject to it not involving commercial profit or gain. In these circumstances only duly trained personnel shall operate the hired machinery and all cost of hire be charged at normal adopted rates unless the hirer is also the trained operator. In such cases the charge to apply will be the adopted Council hire fee less the standard hourly wage rate and overhead calculation of the normal operators wage from which the charge out rate has been calculated. b. Add Part 7 which reads as follows; “Plant that is licensed and which are assets falling into the class of „Motor Vehicles‟ and / or „Major Equipment‟ is covered by this policy.” 3. Policy P140401 Council Tools and Equipment be amended such that part 5 read as follows; “Nothing in this policy prevents a Council employee hiring Motor Vehicles and Major Equipment under the Councils Private Works Policy.”

COUNCIL RESOLUTION ITEM 8.5.1 MOVED: CR SAMPSON SECONDED: CR RICHARDSON-NEWTON

That with respect to Council‟s Policy Manual, Council; 1. Endorse without change Policies P130301, 130302, 130601, 140301 & 140302. 2. Amend Policy P140101 Private Works as follows; a. Amend Part 6 to read that “Council employees are not permitted to hire Council‟s plant and equipment for private works”. b. Add Part 7 which reads as follows; “Plant that is licensed and which are assets falling into the class of „Motor Vehicles‟ and / or „Major Equipment‟ is covered by this policy.” 3. Amend Policy P140401 Council Tools and Equipment such that part 5 be removed.

LOST: 4/8 Res: 240411

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION ITEM 8.5.1 MOVED: CR LAING SECONDED: CR SYME

That with respect to Council‟s Policy Manual, Council; 1. Endorse without change Policies P130301, 130302, 130601, 140301 & 140302. 2. Request the Chief Executive Officer to review policies P140101 and P140401 in consultation with Council‟s employees in light of current legal standards and recommendations.

AMENDMENT MOVED: CR BARNES SECONDED: CR PEDRO

That Policy P140302 be removed from part one of the motion and placed under part 2.

7.27pm – Cr Sampson left the meeting. 7.28pm – Cr Sampson returned to the meeting.

CARRIED: 10/2 Res: 250411

AMENDED MOTION

That with respect to Council‟s Policy Manual, Council; 1. Endorse without change Policies P130301, 130302, 130601 & 140301. 2. Request the Chief Executive Officer to review policies P140101, P140302 and P140401 in consultation with Council‟s employees in light of current legal standards and recommendations.

THE AMENDED MOTION BECAME THE SUBSTANTIVE MOTION WHICH WAS THEN PUT AND CARRIED: 12/0 Res: 260411

REASONS FOR CHANGE Council wanted its employees consulted prior to making any changes to the policies and wanted Council‟s Occupational Safety & Health Policy (P140302) reviewed further.

8.5.2 DENMARK COTTAGE CRAFTS File Ref: A3117 Applicant / Proponent: Denmark Cottage Crafts Subject Land / Locality: Reserve 26026 / 41 Mitchell Street, Denmark Disclosure of Officer Interest: Nil Date: 11 April 2011 Author: Dale Stewart, Chief Executive Officer Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: The Denmark Cottage Crafts have presented a petition to Council containing 735 signatures supporting the following statement, “We, the undersigned call for The Cottage Craft Shop to remain where it is, or to be within the Shopping Precinct. Definitely not to be relocated outside the main retail area with other non retail facilities.”

The Denmark Cottage Craft Committee has now sought Council‟s support to; 1. Save the Craft Shop. 2. For the Craft Shop to be left in its present location. 3. Or for the Shop to be relocated within the main Retail Precinct.

This report responds to the comments and a request of the petitioners.

Ordinary (Decision Making) Meeting of Council 27 April 2011

Background: The petition was presented to Council at its meeting held on the 22 March 2011 and Council resolved as follows (Res. No. 110311); “That Council request the Chief Executive Officer to prepare a report for Council‟s consideration to the April 2011 Council meetings responding to the request of the petitioners relating to the retention of the Denmark Cottage Craft building in Mitchell Street, Denmark.”

The Denmark Cottage Crafts‟ President indicates that they began the petition after being advised by staff that a question was to be included in the Shire of Denmark‟s 2011 Community Needs & Customer Satisfaction Survey on the long term options for Council land and, in particular, the reserve on which the Denmark Cottage Craft Shop is located.

Comment: Craft Shop brief history – obtained from a report written by Mr Gordon Harris

The Denmark Cottage Crafts (formerly Denmark Cottage Industries) began in 1970 in a building on Strickland Street (where Dr James Surgery rooms are today). The organisation moved to the corner of Strickland Street and South Coast Highway in 1972 (where the Denmark Video Shop is today). In 1975, Council granted the organisation permission to relocate the old Carmarthen School building onto the reserve, which is where the Denmark Cottage Craft Shop stands today. The building was extended in the late 1970‟s and a second addition was added in 1990.

In October 2002, Council considered renewal of the Denmark Cottage Industries Lease and subsequently resolved as follows; „That portion of Reserve 26026 be leased to the Cottage Industry Group for the period 1/1/2003 to 31/12/2003 only, at an annual rental of $540 as Council is considering alternative long term uses for this portion of the reserve.”

Since the lease‟s expiry in 2003, the Group was allowed to continue its occupation on the terms and conditions of their expired lease, on an annual basis.

In 2007, Council agreed to negotiate a new five year lease which included a „suitable break clause should Council require its own use of the reserve‟.

Figure 1 - Reserve No. 26026

This break clause states; “The Lessor may terminate this Lease by giving six (6) months‟ written notice to the Lessee, notwithstanding that the Lessee is not in default and notwithstanding that the term of the Lease or any further term has not expired. The Lessee may terminate this Lease by giving three (3) months‟ written notice to the Lessor.”

Ordinary (Decision Making) Meeting of Council 27 April 2011

In January 2011 the Community Needs and Customer Service Survey was sent to 1,000 randomly selected electors from the Shire of Denmark and included in that Survey was a question directly relating to this site.

Below is a chart & a graph showing the questions asked and the responses. It is clear from the results that, of the people surveyed; there is little support for either the demolition of the Infant Health Clinic or the relocation of Denmark Cottage Crafts. Common threads from the comments received (refer attached) also indicates that; • There is opposition for the site being turned into a car park; • There is opposition to the Denmark Cottage Crafts being located anywhere outside of the CBD retail area, which is obviously also supported by the petition and the overwhelming support for its retention in the CBD area by the petitioners; • There is a general acknowledgment of the need for additional car parking to service the CBD, preferably on its perimeter; • There was no strong sense of conviction for the retention of the former Infant Health Clinic building as long as it wasn‟t replaced with a car park or a commercial building.

Strongly Strongly Response Answer Options Disagree Neutral Agree Unsure Disagree Agree Count a) Demolition of the Infant Health Clinic building and relocation of the Denmark Cottage Craft building to either the Old Hospital Heritage 202 49 44 77 59 40 471 Precinct or the reserve opposite the Rivermouth Caravan Park (adjacent to Lions Club / Spirit of Play), to utilise the site as a CBD Car Park; b) Demolition of the Infant Health Clinic building and relocation of the Denmark Cottage Craft building to either the Old Hospital Heritage Precinct or the reserve opposite the Rivermouth Caravan 180 49 60 75 66 41 471 Park (adjacent to Lions Club / Spirit of Play), to utilise the site for redevelopment opportunities to create commercial buildings facing Strickland St and a public carpark to the rear; c) Retention of the Infant Health Clinic building and the 83 52 86 47 144 59 471 Denmark Cottage Craft building, at their current location. 69

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Consultation: Council included questions in the 2011 Community Needs and Customer Service Survey for the expressed purpose of seeking community input on options for Reserve 26026.

Statutory Obligations: There are no statutory obligations.

Policy Implications: The Carmarthan Group School, Plane Tree and the former Infant Health Clinic are all listed as being “considerable” heritage value on the Council‟s draft Municipal Heritage Inventory 2010 (currently being advertised for public comment).

Copies of the place record forms, with respect to buildings on Reserve 26026, are attached.

The Council‟s Town Planning Scheme No. 3 (Appendix XII) lists 61 properties in the Schedule of Places of Heritage Value but only the Plane Tree & the RSL Memorial Hall (adjacent to this reserve) are currently listed.

Budget / Financial Implications: There are no known financial implications upon the Council‟s current Budget or Plan for the Future.

Strategic Implications: For a number of years, Council has been exploring long term options for Reserves 26026 & 23631, comprising the existing Infant Health Clinic building, vacant land adjacent to the RSL building and the Denmark Cottage Crafts building. Of recent weeks the Denmark RSL has verbally advised Council Officers that they are intending to submit an application to Council‟s Financial Assistance Grants round to relocate the „gun‟ to the north east corner of the building and to install pine rail fencing to their car park. They also indicated long term plans to further develop the area to the north of their building for a combination of a car park and park.

Parking within the CBD has been a major concern for quite some time especially during peak holiday periods where Denmark‟s resident population has been known to increase by over threefold. Whilst it is not to say that the reserves could be better utilised as a car park, it is essential for Council to consider the long term needs within the CBD, including civic & retail requirements. With a long term sustained 70

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population growth of around 2% per annum, Council services and facilities will need to be adapted over time to reflect the changing dynamics of Denmark‟s economic, social and environmental demands.

The question of long term options for use of the Denmark Cottage Craft building should ideally be answered by concurrently determining the long term strategic use options for the reserve upon which it and the former Infant Health Clinic are situated.

The reserve comprises 1,295sqm, zoned commercial and vested, by management order, in the Shire of Denmark with power to lease for terms not greater than 10 years.

The reserve is at a key intersection of the Denmark townsite CBD but presently has poor street frontage to Strickland Street as evidenced by the picture below.

The Officer is of the view that the civic precinct from the northern end of the Denmark Co-operative building to the southern end of the RSL Memorial Hall, has extremely poor pedestrian and retail connectivity with commercial activities on the western side of Strickland Street. As a result, the traditionally accepted design principles of an interactive and vibrant “Main Street” are not achieved. The Officer refers to the below photos as further evidence of how the current streetscape is not performing as to how it should.

Options for Council relating to the general long term use(s) of the reserve include; • Reverting the former Infant Health Clinic to its former use (noting that the Denmark Health Service currently perform this service out of the new Hospital) • Converting the former Infant Health Clinic to other civic (mothers room, toy library etc), community or commercial uses; • Assuming the Denmark Arts Council eventually relocate from the former Infant Health Clinic to the Old Hospital (Lodge), and it is Council's preference to demolish the building at that time; o a car park, and or;

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o development of an attractive community space linking the streetscape, RSL Building and civic buildings including the example of a community „Art Park‟, perhaps using percent for art contributions from commercial developments under the recently adopted Local Planning Policy. • Potential, albeit limited, for the Group building to be repositioned on the site to provide more functional space and better addressing street frontages. • Potential to relocate the Group building to other locations within the Shire which may include community use sites such as the Heritage Railway Precinct or the old Hospital Heritage Precinct; • Consultation with the Denmark RSL, Denmark Cottage Crafts and possibly Denmark Arts (if they are to remain at this location) in a potential concept plan for better engagement of the precinct with Strickland Street; • Retention of the historic Plane Tree, noting this was never touted as being removed; • The status quo and retain one or both of the buildings on site unchanged; • A combination of the above.

This notwithstanding, it is the Author‟s view that there is no current urgency to change the use of the site however; it would be reasonable for Council to assess the most strategic use for the reserve when/if the former Infant Health Clinic becomes vacant.

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 petition contains a mixture of signatures from local residents and visitors outside of Denmark who would like to see the Denmark Craft Shop either remain where it is or, if required to be relocated, moved within the shopping precinct. Information provided by the Denmark Cottage Crafts indicates that they have approximately 50 local suppliers, of the older age group, who rely on their crafts for an interest and hobby in later life and a small earning to supplement their pensions.

Voting Requirements: Simple majority.

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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.5.2

That with respect to Reserve 26026 and the Petition received from the Denmark Cottage Crafts Inc, Council; 1. Receive the Petition of 735 signatures and note the comments; 2. Note that the Petition and results of the 2011 Community Needs & Customer Satisfaction Survey will be taken into consideration should Council consider any future alternate use(s) of Reserve 26026; 3. Note that the Lease between Council and the Denmark Cottage Crafts Inc. for a portion of the Reserve 26026 is current until the 1 January 2013, at which time Council will determine its renewal; 4. Revisit options with respect to the former Infant Health Clinic building should Denmark Arts Inc. vacate the building; 5. Authorise the CEO to enter into discussions with Denmark Cottage Crafts Inc., Denmark Arts Inc. and the Denmark RSL Inc. regarding the concept of a community Art Park which incorporates Reserves 26026 & 23631 and better integrates with the streetscape; and 6. Confirm that it has no intention to remove the historic Plane Tree.

CARRIED BY EN BLOC RESOLUTION No. 100411

8.5.3 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT File Ref: GOV.32 Applicant / Proponent: ALGA Subject Land / Locality: Not applicable Disclosure of Officer Interest: Nil Date: 12 April 2011 Author: Dale Stewart, Chief Executive Officer Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: The Western Australian Local Government Association (WALGA) has requested Council support a resolution requesting the Federal Government to conduct a referendum to recognise local government in the Australian Constitution proposed by the Australian Local Government Association (ALGA).

Background: On 24 March 2011, WALGA President, Mayor Troy Pickard, wrote to Council and requested that Council: • Support the ALGA campaign for the Constitutional recognition of local government; • Call on the Federal Government to conduct a referendum to achieve the Constitutional recognition of local government at the 2013 federal election; • Develop a local level campaign, in support of the national campaign, to inform the local community and garner its support; • Acknowledge that funding implications need to be considered as part of the ongoing financial planning process.

Copies of the correspondence from ALGA and WALGA are attached.

Local Government Associations in Australia have had long standing policies of wanting to be recognised in the Australian Constitution. What is not so widely agreed, understood or defined is what form that Constitutional Recognition should take. • Should recognition be simply symbolic? 73

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• Should impose certain funding obligations on the Commonwealth? • Should it protect Local Government from forced structural change? • Do Councils have other expectations from Constitutional Recognition?

The Gillard Government has promised a new referendum on the question of Constitutional Recognition for Local Government, therefore the Australian Local Government Association (ALGA) will be endeavouring to put some clarity around this issue and draw together a nationally consistent position with the assistance of State and Territory Associations.

During 2008 the Australian Local Government Association (ALGA) initiated a strategic approach aimed at securing a referendum which involved: • some initial resource materials to assist Local Governments to conduct a conversation at the local level on the need for Constitutional recognition • Zone or region level discussions, where appropriate, based on WALGA agenda items • Statewide forum to determine a State Local Government position (resolved at Local Government Convention) • A national experts forum a National Constitution Summit (Melbourne December 2008).

In 2009/10 ALGA focused advocacy around national political forums, political parties and key influential academics, while State Associations built up state profiling campaigns to improve the image and perception of their local government jurisdictions.

The ALGA Board further refined the national position in 2010 to focus specifically on financial recognition and the WALGA position was also aligned to this focus.

ALGA‟s position is that: • The Federal Government has committed to a referendum on Constitutional recognition for Local Government, likely to be held in conjunction with the 2013 election. • A national position was developed at the Local Government Constitutional Summit to be held in Melbourne in December 2008, and has been refined by the Australian Local Government Association (ALGA) Board to focus the referendum on financial recognition. • ALGA has requested that all Local Governments formally resolve to support the conduct of the referendum.

Council last considered the matter at its meeting of 27 May 2008 and resolved as follows (Res. No. 250508); “That with respect to Constitutional Recognition of Local Government Council support the principle in the form of institutional & financial recognition as follows; 1. An acceptance of some principles relating to the existence and continuation of local government as an institution and local councils as democratic representative bodies (Institutional Recognition); 2. A streamlined approach to local government funding resulting from a more direct financial connection between local government and the Commonwealth Government (Financial Recognition).”

Comment: Council can either support, or not, the WALGA request.

Consultation: No public consultation has been conducted in response to this request and it is deemed by the author as not being required.

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Statutory Obligations: There are no statutory obligations.

Policy Implications: There are no Council policy implications.

Budget / Financial Implications: There are potentially indirect long term financial implications for Council in terms of greater linkages to GST revenue sharing arrangements, Federal Government Grants Commission and possibly others. It is not intended that staff undertake any lobbying or activity on the issue other than writing to the media, local and federal parliamentarians, ALGA and WALGA. Therefore the costs and time involvement will be minimal and only administrative in nature.

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 economic considerations relating to the question of whether Constitutional Recognition is achieved or not.

The core question arguably of Local Government recognition is the Federal Constitution, goes to democracy at the lowest level - grass roots! Constitutional Recognition means the States cannot arbitrarily determine the fate of a Local Government or Local Government in general. Then the question of Council on behalf of its constituents is would our residents ratepayers be better served "democratically' if Council did or didn't exist? If the Council & community believed this was a matter for the State Government of the day then it should not support Constitutional Recognition. If it believes the answer is that the Shire of Denmark's interests would be better served by Constitutional Recognition, then it should support it in some form.

Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.5.3 MOVED: CR EBBETT SECONDED: CR RICHARDSON-NEWTON

That Council support the Australian Local Government Association and Western Australian Local Government Association policies that there should be a national referendum on the issue of constitutional recognition for local government and resolves as follows; “The Shire of Denmark declares its support for financial recognition of local government in the Australian Constitution so that the Federal Government has the power to fund local government directly and also for inclusion of local government in any new Preamble to the Constitution if one is proposed, and calls on political parties to support a referendum by 2013 to change the Constitution to achieve this recognition.”

CARRIED: 11/1 Res: 270411

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Prior to consideration of Item 8.5.4 through Presiding Person the Chief Executive Officer brought to the attention of the meeting the following disclosure(s) of interest:

Cr Richardson-Newton is a member of the Denmark Village Theatre and the Denmark Over 50s Association and as a consequence there may be a perception that his impartiality on this matter may be affected.

Cr Barnes is a member of the Denmark Over 50s Association and as a consequence there may be a perception that his impartiality on this matter may be affected.

Cr Syme is a member of the Denmark Environment Centre. Some of the identified future tenants of the Old Hospital are either existing or potential future tenants of the Denmark Environment Centre and as a consequence there may be a perception that his impartiality on this matter may be affected.

Cr Pedro is a member of the Denmark Environment Centre. Some of the future tenants of the Old Hospital are current or potential tenants of the Denmark Environment Centre and as a consequence there may be a perception that her impartiality on this matter may be affected.

Cr Hinds is a member of the Denmark Over 50s Association and as a consequence there may be a perception that his impartiality on this matter may be affected.

Cr Richardson-Newton, Cr Barnes, Cr Syme, Cr Pedro & Cr Hinds have declared that they will consider this matter on its merits and vote accordingly.

8.5.4 OLD HOSPITAL SITE - ADAPTIVE REUSE STUDY File Ref: A3048 & A3020 Applicant / Proponent: Old Hospital Buildings Working Group (OHBWG) Subject Land / Locality: Old Hospital Site – Reserves 18587 & 45623 Disclosure of Officer Interest: Nil Date: 4 April 2011 Author: Dale Stewart, Chief Executive Officer Authorising Officer: Dale Stewart, Chief Executive Officer Attachments: Yes

Summary: This report recommends that Council adopt the Heritage Architect‟s Adaptive Reuse Study with respect to the former Denmark Hospital and former Frail Aged Lodge.

Background: At its meeting held on the 25 January 2011 Council resolved (Res. No. 340111) as follows; “That Council receive the Adaptive Reuse Plan with respect to the former Denmark Hospital and Frail Aged Lodge Buildings and invite written public comment on it through the Denmark Bulletin for a period of 35 days and by writing to every community group in the Shire.”

Comment: Advertising commenced on the 17 February 2011, with letters being sent to every community group within the Shire, and public submissions closed on the 25 March 2011. Submissions received included; 1. A letter from a resident; 2. Comment from from a Councillor; 3. Request from the Denmark Dog Club for meeting space; and 4. A letter of support from Denmark Arts Inc.

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The letter from the resident states that the Denmark Association for the Care of the Frail, Aged and Disabled Inc. were instrumental in arranging funding for the building of the lodge and its operation until it was handed over the the Health Service in 1998. Fundraising for the building was undertaken from 1983 to 1989, in the form of subscriptions, donations, cattle sales, stalls and buy a brick campaign and managed to raise $107,000. Government and Lotteries Commission grants totalling $236,000 were obtained and from 1989 to 1998 donations and subscriptions exceeded $71,000. The Denmark Association for the Care of the Frail, Aged and Disabled Inc. wound up in 1999 and handed over their remaining funds of $30,000 to the Health Service on the understanding that it would be used for hostel amenities.

The author of the letter also notes that “there was also considerable contribution in kind provided by organisations such as the Lions Club and local businesses, as well as individuals” and suggests that the former Lodge could be used as a student hostel for outlying students (such as from Walpole), a women‟s refuge or a single men‟s hostel.

Two of the initial Expressions of Interest (EOI) were indeed received from the Palmerston Association and the Great Southern Community Housing Association (GSCHA). Palmerston is established for the purpose of providing services to prevent or reduce the harm related to addictive behaviours and their request including meeting & office space as well as room for workshops. The GSCHA is a preferred provider of community housing in WA and requested exclusive use of the former Frail Aged Lodge in the EOI.

The Palmerston Association withdrew their interest and following much deliberation, the Working Group conceded that community housing would not be suitable in a location which would be utilised by predominately by community groups and people of varied ages including seniors and the very young.

On the 24 March 2011, the following comments were provided by Cr Richardson- Newton, which the officer is of the view that many of these questions are answered within the Adaptive Reuse Study and or contained within this report. Addressing other matters that perhaps have not been clearly outlined the officer summarises comments after each question;

“Points to consider:- 1. No mention of ongoing cost

The ongoing costs will be borne by the lessees as outlined in the Study.

2. No assessment of active use ie. Part time use only

The principal lessees of Denmark Arts and the Denmark CRC are active tenants that have (effectively) full time offices and employees and generally operate business hours over 5 days per week. Other users will be a mix of ad-hoc and regularly weekly, monthly activities and bookings. This is detailed in the individual community group EOIs.

3. No assessment of potential income ie. Shire to fund project

Capital expenses and income are detailed under the financial implications.

4. Asbestos issue not fully addressed

Council has received a detailed asbestos register from Kevin Lodge. Asbestos in most (and possibly all depending upon budgets) instances will be removed and replaced as part of the costed refurbishment project. Asbestos removal will be

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managed in accordance with legislative requirements and in the interim require no remedial work.

5. Assessment of long term sustainability

The adaptive reuse study and Working Group has attempted to provide a model of tenure and activity that in the opinion of the officer will prove to be a sustainable model.

6. Commercial kitchen fit out costing/usage/needs

The detail of this will be determined when it comes time to prepare tender specifications. In the interim cost have been allocated in the quantity surveyor estimates.

Strategy Brief Outcomes of the project Needs Analysis – was this completed and if so should it not be included in the Study?

As part of the brief the Architect met with approximately 12 groups and reviewed another 20 individual and detailed submissions. The basis of this work determined the allocation of the space to the principal lessees and the need for a management committee to oversee day to day bookings.

Management Denmark Community Resource Centre (DCRC) has been appointed as the management body. How were they appointed?

As part of the early stages of the Working Group and discussions with the Architect it was determined that an appropriate structure or organisation would be required to have overarching responsibility for management of the facility. This was determined through the consultation process and the major proposed tenants. The process of appointing the Denmark CRC as managing the Old Hospital Facility is still a function of Council and is proposed to be performed as part of the lease that again would be presented to Council for approval.

How are they managed?

Denmark CRC is a not for profit incorporated body managed by an elected board and with paid staff with funding coming predominantly from the State Government Department of Regional Development and Lands. They have been in existence for approximately 20 years continuous.

How are they funded?

Answered above.

Are they a state government body?

Answered above.

Conservation Plan indicates intrusive elements of the Old Hospital to be removed. Who is responsible for the removal?

Council if it so desires and determines. There is no compulsion on the Council to do so.

No assessment of costing for the removal appears to have been carried out. Some elements have been earmarked for retention. 78

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The detail is included in the QS report.

Who will be responsible for the decision of retention and/or removal?

Council.

Heating and air conditioning There is a recommendation for alternative heating and air conditioning methods but no indicative cost.

The QS report includes indicative provisional sums for these services.

Page (8) DCRC has a grant of $150,000 from the Great Southern Development Commission (GSDC). How long do they have before the funds have to be spent?

An extension was received to December 2011 and a further extension can be sought in November 2011 which indicatively would be permitted.

Frail Aged Lodge Management has been given to Denmark Arts Council. How has the cost of fit out been assessed?

It has not to the officers knowledge. The cost of fit out would be the responsibility of the lessee.

I have great concern that the refurbishing cost is not all inclusive and therefore will go well beyond the $1,089,000.”

Council has the prerogative to manage the project to fit the budget available.

The draft Adaptive Reuse Plan with associated appendices and plans is attached and includes recommendations of; • Proposed reuse & management; • Proposed Building Works & indicative cost; and • Funding sources.

Council has previously received a completed Conservation Plan for the property (Hospital only), a detailed Property (Building) Condition Report of all buildings on the site, a Register of Asbestos on the site and a comprehensive Tree Report.

Current Temporary Occupancy Arrangements & Pending Proposals

• The Denmark Over 50‟s Association Inc. have been given temporary approval to occupy the former Nurses Quarters at the old hospital. In mid 2010, the Association contacted the CEO requesting approval to use a space at the Old Hospital for a Seniors Broadband computer kiosk, as they were applying for funding to pay for the project. A formal lease will be executed for a period of 21 years, should Council adopt the Reuse Study.

• The Denmark Arts Council Inc. have been given approval to temporarily utilise the former Frail Aged Lodge for activities, meetings and the occasional workshop. They have also be granted temporary use of one of the sheds (currently the eastern side garage) for storage purposes.

• The Denmark Chamber of Commerce Inc. have been given approval to temporarily use the western side garage for storage, predominately for the CBD Christmas decorations, due to concerns about their deterioration whilst 79

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being stored in a shed at Council‟s Depot. The approval also noted that should Council adopt the draft Adaptive Reuse Study as recommended, that they would be permitted to relocate one of the sheds to another suitable Council reserve.

• The Peaceful Bay RSL have requested permission to relocate one of the sheds to Peaceful Bay for the purposes of a Mens Shed, housing of the Community Bus, storage, meetings, community meetings and the like. A letter was received on the 17 March 2011 from the President of the Peaceful Bay Progress Association supporting the Peaceful Bay RSL‟s proposal.

Consultation: The Old Hospital Buildings Working Group and the Heritage Architect have undertaken and extensive engagement process which involved comprehensive consultation with numerous community groups but specifically with the following identified „key‟ groups; • Denmark Community Resource Centre Inc. (formerly Denmark Telecentre) • Denmark Arts Council Inc. • Denmark Historical Society Inc. • People for Parklands Inc. • Denmark Over 50‟s Association Inc. • Old Hospital Community Centre Group.

In the 2008 Community Survey Council included two questions about the old hospital buildings and associated reserves with a 36.8% response rate (of 1000 randomly selected ratepayers).

Strength of Agreement 1=Disagree 5=Agree 1 2 3 4 5 The Old Hospital site should be developed 6.86 4.86 17.71 23.43 47.14 into a community park and outdoor concert venue (%)

Strength of Agreement 1=Disagree 5=Agree 1 2 3 4 5 Council should retain the old buildings at the 21.14 7.71 20.29 21.14 29.71 Old Hospital for community use

Statutory Obligations: The former Hospital site will be bound by a Heritage Covenant and is also subject to the provisions of the Heritage Act and Council‟s Towns Planning Scheme with respect to Heritage Provisions.

Policy Implications: If the Study is adopted Council‟s Policy P110102 – Leasing of Land and/or Buildings to Community Groups, would be relevant.

Budget / Financial Implications: The engagement of the Architect to undertake the consultation and design phase was funded by a Heritage Council grant with Council having to meet $4,000 of the total cost. The Adaptive Reuse Study notes that refurbishment cost is estimated to be in the order of $1,000,000 plus GST.

The suggested approach to finance the $1,000,000 works are as follows; • Council $300,000 (either thorough loan funds, Municipal Funding or Country Local Government Funding); • Regional Development and Lands $150,000 (grant approved already for the Community Resource Centre element);

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• Lotterywest $400,000, being almost half of the total project cost (Lottery House type funding with verbal indications that this indicative amount would be worth applying for); • Great Southern Development Commission Regional Grant Scheme $150,000. • Community groups assisting with in-kind support but realistically none of the groups have access to their own capital or the ability to meet self supporting loans. • Potential grant application to the Federal Government‟s Regional Grant Scheme.

It should be noted that the Council‟s indicative Capital contribution mentioned above is included in the Council‟s adopted Capital Works Plan and funded from the Country Local Government Fund.

The works would essentially see a large, 1925 Heritage Registered building totally refurbished and requiring minimalist maintenance for the next 20 years. The intent of the project and Reuse activities is that the lessees would assume the requirement for ongoing day to day maintenance (and derive any income) with Council probably being required to meet initial one-off capital renewal costs and thereafter structural repairs.

It is envisaged that initially (in the first few years of start up operations of the centre) the Council may need to meet some minor ongoing maintenance costs. It is envisaged that negotiation with the core tenants regarding the level of contribution would occur once grants were obtained and work progressed on the refurbishment. These negotiations would eventuate with draft leases for Council‟s consideration and approval. The Author has indicated to the DCRC that it would not be unreasonable to suggest to Council that it would need to contribute towards the maintenance of the old hospital buildings post refurbishment for the first few years of operation with this contribution expected to be less than $10,000 per annum, reducing to significantly less than this within a period of less than five years.

Strategic Implications: There are significant strategic implications relating to the report.

In July 2009, Council resolved to advise the Denmark Community Resource Centre and Community Resource Network that their requests for competing use of premises at the Civic Centre could not be accommodated but their needs may be able to be accommodated in the „Old Hospital Buildings‟. In addition the lease of the Denmark Arts Council existing premises expired as at 31 December 2010 and has reverted to a monthly lease.

Relocating both the Denmark Arts Council and the Denmark Community Resource Centre (DCRC) from their current prime CBD locations in Strickland St will assist Council by freeing up the assets for other redevelopment or redeployment.

Council will gain a large „civic‟ or „community‟ use facility that many community groups can benefit from with little ongoing cost, as is the case with most of Council‟s owned and community leased building assets.

The relocation of the DCRC from the Civic Centre would also ensure the needs of the Denmark Library were well planned for by being able to expand into this space and allow for redevelopment of the Civic Centre, in due course.

The key issue before Council at this meeting is to adopt the Adaptive Reuse Study and the intent behind it (retention, refurbishment and reuse by the listed groups and for the activities and functions indicated).

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Subsequent decisions that the Council needs to be mindful of, if they accept the Reuse Study include the following; • Determine timing or staging; • Determine level of Council contributions to initial capital refurbishment (one- off); • Determine levels of Council contribution to ongoing maintenance that it would be prepared to support if any (as opposed to that attributable to the users / lessees); • Determine the leases that would need to be put in place for the principle lessees (3 organisations involved). (Draft leases have been considered by the Working Group and the proposed Lessees); • Determine what sheds should be disposed of or retained (recommended in the report that all three of the newer sheds be relocated or removed); • Determine the name of the facility (recommended by the Working Group in the Study but subject to a specific Council decision).

Notwithstanding that the recommendation is to remove all of the three sheds on the site, it is the Officer‟s view that that two of the sheds should remain onsite as, given that Denmark Arts and the Denmark Chamber of Commerce already utilise (temporarily) them for storage, it is envisaged that storage space for community use will most likely be required into the future as well. In addition, Council could, potentially, be left to bear additional costs associated with the removal and/or relocation of the sheds.

Strategically the site is well suited for a community or cultural facility or facilities – close to CBD, close to the River, natural parkland aesthetics, making it an extremely important future community use site. The Council has over many years had requests for it to consider a cultural centre. The last needs analysis was approximately 10 years ago.

Council and community facilities such as the Library, Resource Centre, Arts and Seniors Facilities are all under pressure for modernisation / growth or expansion. There is some possibility of a seniors facility associated with Amaroo and Lionsville. The possibility of utilising the old hospital to „reduce‟ or relieve pressure on the need for a community centre has much merit – at probably a much lower net capital and ongoing cost than a new purpose built facility.

Were Council not to adopt the Study it will inevitably face pressure to improve or provide new facilities for the following groups that currently effectively have a Council supplied facility (free of charge) by virtue of previous Council decisions;  Denmark Community Resource Centre (DCRC)  Denmark Arts Council (Inc.)  Denmark Over 50s Association (Inc.).

In addition it will be faced with a large disused building in its town heart that is owned by the Council. The officer is of the view that whilst the Council could decide to look for potential „commercial‟ tenants for the building such as government agencies or for housing, the identified community uses fulfil a significant community need and will prove to be a vibrant and active community space for many years to come.

Relocation of the DCRC for example would free up valuable space at the Denmark Civic Centre which would enable much needed expansion of the Library and fulfilment of one of Council‟s long term identified aims of redevelopment of the Civic Centre and creation of a lesser hall (Cultural Facility). The Denmark Community Resource Centre has additional operational and capital funding open to them, through the WA Community Resource Network. Such a community „tenant‟ in the Old

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Hospital Buildings could be an integral administrative „hub‟ to many „spokes‟ to „the wheel‟ - the „Denmark Old Hospital Community Resource Centre‟.

Groups that could also enjoy much needed additional and suitable space as a result of a decision to support the principle of the Adaptive Reuse Plan would include;  Denmark Village Theatre (Inc.)  Denmark Community Collective  Ngaangk Yanging Kadditj Indigenous Group  Department of Environment & Conservation (government tenant)  Visiting Albany professionals (non-government organisations)  Wilson Inlet Catchment Committee (WICC)  Denmark Weed Action Group  Denmark Equestrian Club  Denmark Christian Family Church  Mill Art Group Inc.  Artsouthwa Inc.  Denmark Printmakers  Al-Anon  Taoist Tai Chi Society – Denmark Sub Branch  Peaceful Bay RSL  Eklektika Community Choir  Ceramics, Glass & Sculpture  Childcare / Toy Library  Anglicare  Bubs & Bellies and Toddler Time  Indigenous Cultural Activities  Denmark Chamber of Commerce.

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 significant social considerations relating to the retention or demolition of the old hospital buildings and or how they are utilised. Whilst only two of the minor buildings hold most of the heritage value (the morgue and matrons quarters which are predominantly stand alone structures) the balance of the structures could provide a valuable resource and facility for several large, vibrant and active community groups as well as serve the infrequent and ad-hoc needs of many others for many years to come.

Voting Requirements: Simple majority.

Ordinary (Decision Making) Meeting of Council 27 April 2011

OFFICER RECOMMENDATION ITEM 8.5.4

That with respect to the Denmark Hospital (fmr) on Reserve 18587 & the Frail Aged Lodge (fmr) on Reserve 45623 Council; 1. Adopt the Adaptive Reuse Study and the principles contained therein with the exception that two of the stand alone sheds are to remain on site for the foreseeable future for storage purposes; 2. Authorise the Chief Executive Officer to negotiate “peppercorn” Leases of the two sheds that would remain on site with Denmark Arts Inc. and the Denmark Chamber of Commerce Inc., with the Leases to be referred to Council for final approval and based on Council‟s standard community group lease and with a maximum term of 5 years whereupon at the conclusion of that term, both the Council and proposed lessees, of all of the buildings on site, will be in a better position to determine their level of intrusiveness as compared to their function performance; 3. Approve the name of the former Denmark Hospital and former Frail Aged Lodge as being the “Morgan Richards Community Centre”; 4. Grant permission to the Peaceful Bay RSL to select one of the sheds, of their choice, and relocate it, at their cost, to a suitable site at Peaceful Bay to the satisfaction of the Chief Executive Officer in conjunction with the Peaceful Bay Progress Association Inc. The shed and perimeter lands to be subject of a lease and a separate report to Council for determination; 5. Renew the Lease between the Shire of Denmark and the Denmark Arts Council Inc. for the former Infant Health Clinic on portion of Lot 41 (Reserve No. 26026), for a period of two years from the 1 January 2011 to the 1 January 2013, or if a lesser period, until the organisation re-locates to the former Frail Aged Lodge on Reserve No. 45623; 6. Authorise the Chief Executive Officer to seek and apply for grants to assist with funding the cost of the refurbishment on the basis that Council‟s capital contribution is limited to a maximum of $300,000 (plus GST); 7. Authorise the Chief Executive Officer to negotiate a 21 year Lease with the Denmark Over 50‟s Association Inc. for use of the former Nurses Quarters, with the Lease to be referred to Council for final approval and based on Council‟s standard community group lease; 8. Confirm the intent, as outlined in the Adaptive Reuse Study, is to lease the former Frail Aged Lodge Building to Denmark Arts and the former Hospital to Denmark Community Resource Centre with both based on Council‟s standard community group lease. The premise off these proposed leases will be on the basis that with exception of the potential for initial seed establishment funding support, the buildings will be let to the lessees on the basis that they derive any and all revenue in exchange for being responsible for all building maintenance with the exception of structural repairs; and 9. Thank the Working Group for their work and advise all community groups that have expressed an interest in the buildings of the outcomes of this resolution.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION ITEM 8.5.4 MOVED: CR THORNTON SECONDED: CR SAMPSON

That with respect to the Denmark Hospital (fmr) on Reserve 18587 & the Frail Aged Lodge (fmr) on Reserve 45623 Council; 1. Adopt the Adaptive Reuse Study and the principles contained therein with the exception that two of the stand alone sheds are to remain on site for the foreseeable future for storage purposes; 2. Authorise the Chief Executive Officer to negotiate “peppercorn” Leases of the two sheds that would remain on site with Denmark Arts Inc. and the Denmark Chamber of Commerce Inc., with the Leases to be referred to Council for final approval and based on Council‟s standard community group lease and with a maximum term of 5 years whereupon at the conclusion of that term, both the Council and proposed lessees, of all of the buildings on site, will be in a better position to determine their level of intrusiveness as compared to their function performance; 3. Approve the name of the former Denmark Hospital and former Frail Aged Lodge as being the “Morgan Richards Community Centre”; 4. Grant permission to the Peaceful Bay RSL to select one of the sheds, of their choice, and relocate it, at their cost, to a suitable site at Peaceful Bay to the satisfaction of the Chief Executive Officer in conjunction with the Peaceful Bay Progress Association Inc. The shed and perimeter lands to be subject of a lease and a separate report to Council for determination; 5. Renew the Lease between the Shire of Denmark and the Denmark Arts Council Inc. for the former Infant Health Clinic on portion of Lot 41 (Reserve No. 26026), for a period of two years from the 1 January 2011 to the 1 January 2013, or if a lesser period, until the organisation re-locates to the former Frail Aged Lodge on Reserve No. 45623; 6. Total expenditure, including detailed drawings, professional fees etc.. to be limited to $1,100,000 (inclusive of GST) on the renovation and refurbishment of the old Hospital and former Frail Aged Lodge. Tenders for the project to be submitted to Council prior to commencement of any works. Council‟s contribution to the project being limited to a maximum of $300,000 (plus GST) with the balance of funding being via grant applications; 7. Authorise the Chief Executive Officer to negotiate a 5 year Lease with the Denmark Over 50‟s Association Inc. for use of the former Nurses Quarters, with the Lease to be referred to Council for final approval and based on Council‟s standard community group lease; 8. Confirm the intent, as outlined in the Adaptive Reuse Study, is to lease the former Frail Aged Lodge Building to Denmark Arts and the former Hospital to Denmark Community Resource Centre with both based on Council‟s standard community group lease. The premise off these proposed leases will be on the basis that with exception of the potential for initial seed establishment funding support, the buildings will be let to the lessees on the basis that they derive any and all revenue in exchange for being responsible for all building maintenance with the exception of structural repairs; 9. All leases with community groups to commence only once the project has been approved and completed. Interim, short term Memorandums of Understanding until completion; and 10. Thank the Working Group for their work and advise all community groups that have expressed an interest in the buildings of the outcomes of this resolution.

7.40pm – The Director of Finance & Administration left the meeting & did not return.

CARRIED: 11/1 Res: 280411

REASONS FOR CHANGE Council amended part 6 to ensure that the total cost to Council was limited to a maximum of $300,000 (plus GST). The Denmark Over 50s Association lease term was 85

Ordinary (Decision Making) Meeting of Council 27 April 2011

amended from 21 years to 5 years and part 9 was added to ensure that no tenants were granted a lease prior to the refurbishment / renovation works being completed.

7.45pm – Cr Wakka left the meeting and did not return.

10. COMMITTEE REPORTS & RECOMMENDATIONS

9.1 DISABILITY SERVICES ADVISORY COMMITTEE AND PATHS & TRAILS ADVISORY COMMITTEE DELEGATES File Ref: ORG.25 Applicant / Proponent: Not Applicable Subject Land / Locality: Shire of Denmark Disclosure of Officer Interest: Nil Date: 10 April 2011 Author: Gregg Harwood, Director of Community & Regulatory Services Authorising Officer: Gregg Harwood, Director of Community & Regulatory Services Attachments: No

Summary: The Disability Services Advisory Committee recommends that Council appoint Les Field to that Committee as a Community Professional (Private Sector) and also as a member on the Paths & Trails Advisory Committee, as a Disability Services Committee representative.

It is recommended that Council adopt these recommendations.

Background: At its 25 January 2011 meeting Council made the following decision regarding a request from the Disability Services Advisory Committee for an additional two community members and representation on the Paths and Trails Advisory Committee.

1. That the Paths and Trails Advisory Committee be requested to consider including a representative from the Council‟s Disability Services Advisory Committee in their membership to provide advice on disability access issues and if they are agreeable recommend to Council that their Charter be amended accordingly. 2. That Council decline the recommendation of the Disability Services Advisory Committee on the basis that; a) Four community representatives with nine representatives from varying sectors on the Committee is considered to be adequate; b) Members of the public are welcome to attend Committee meetings and raise any matters which they believe need to be addressed; and c) Should community member vacancies exist on a Council Committee the position should be advertised in a local newspaper, pursuant to the Charter.

3. That the Disability Services Advisory Committee be advised that given the Paths & Trails Advisory Committee are yet to determine whether they wish to have additional representation on their Committee, the recommendation to appoint Les Field not be dealt with at this time.

On the 22 March 2011, Council resolved as follow; “That Council amend the Paths & Trails Advisory Committee Charter to include a nominated member and a proxy member from the Disability Services Advisory Committee.”

Ordinary (Decision Making) Meeting of Council 27 April 2011

Comment: The Disability Services Advisory Committee considered this resolution, the vacant professional representative position and the appointment of a member to the Paths & Trails Advisory Committee at its 6 April 2011 meeting and made the following recommendations to Council.

Recommendation 1 “That the Disability Services Committee makes the following recommendation to Council; That Les Field be added to the Disability Services Advisory Committee as a Community Professional (Private Sector).”

Recommendation 2 “That the Disability Services Committee makes the following recommendation to Council; That Les Field be appointed as the Disability Services Advisory Committee member on the Paths and Trails Advisory Committee.”

Les Field is a geologist with extensive experience and his knowledge of land forms, and his personal experience of universal access issues, means that he will be in a position to bring valuable insights to the Paths and Trails Advisory Committee.

Consultation: Consultation has occurred with the Council‟s Disability Services Advisory Committee, Paths & Trails Advisory Committee and the Disability Services Commission Great Southern representative.

Statutory Obligations: Council approval is required to appoint members to Council Committees pursuant to section 5.10 of the Local Government Act 1995.

Policy Implications: There are no policy implications.

Budget / Financial Implications: There are no known significant budget / financial implications relating to the report or the officer recommendation.

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: Absolute majority.

Ordinary (Decision Making) Meeting of Council 27 April 2011

COUNCIL RESOLUTION & COMMITTEE RECOMMENDATION ITEM 9.1 (a) MOVED: CR HINDS SECONDED: CR EBBETT

That the Disability Services Committee makes the following recommendation to Council; That Les Field be added to the Disability Services Advisory Committee as a Community Professional (Private Sector).

CARRIED BY AN ABSOLUTE MAJORITY: 11/0 Res: 290411

COMMITTEE RECOMMENDATION ITEM 9.1 (b) MOVED: CR HINDS SECONDED: CR EBBETT

That the Disability Services Committee makes the following recommendation to Council; That Les Field be appointed as the Disability Services Advisory Committee member on the Paths and Trails Advisory Committee.

CARRIED: 12/0 Res: 300411

OFFICER RECOMMENDATION ITEM 9.1

That Council appoint Les Field to the Disability Services Advisory Committee as a Community Professional (Private Sector) and approve Les Field as the Disability Services Advisory Committee member on the Paths and Trails Advisory Committee.

REASONS FOR CHANGE The Council preferred the wording of the Committee Recommendations.

10. MATTERS BEHIND CLOSED DOORS Nil

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

12. CLOSURE OF MEETING

7.46pm – There being no further business to discuss the Shire President, Cr Thornton, declared the meeting closed.

The Chief Executive Officer recommends the endorsement of these minutes at the next meeting.

Signed: Dale Stewart – Chief Executive Officer

Date: 28 April 2011

These minutes were confirmed at the meeting of the

Signed:

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