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Minutes & Notes 12 6.2 Ordinary Council Meeting – 19 June 2018 12 6.3 Strategic Briefing Notes – 19 June 2018 12 7

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Minutes & Notes 12 6.2 Ordinary Council Meeting – 19 June 2018 12 6.3 Strategic Briefing Notes – 19 June 2018 12 7 SHIRE of DENMARK ORDINARY MEETING OF COUNCIL HELD IN THE COUNCIL CHAMBERS, 953 SOUTH COAST HIGHWAY, DENMARK ON TUESDAY, 17 JULY 2018. Contents Page No. DISCLAIMER 2 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 3 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE 3 3. ANNOUNCEMENTS BY THE PERSON PRESIDING 3 4. PUBLIC QUESTION TIME 3 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 3 4.1.1 MR CHRIS HOWDEN – COMMUNITY SURVEY AND PRIVACY 3 4.2 PUBLIC QUESTIONS 5 4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 11 4.4 PRESENTATION, DEPUTATIONS & PETITIONS 12 5. APPLICATIONS FOR LEAVE OF ABSENCE 12 6. CONFIRMATION OF MINUTES & NOTES 12 6.2 ORDINARY COUNCIL MEETING – 19 JUNE 2018 12 6.3 STRATEGIC BRIEFING NOTES – 19 JUNE 2018 12 7. ELECTED MEMBERS MOTIONS OF WHICH PRE NOTICE HAS BEEN GIVEN 12 8. REPORTS OF OFFICERS 12 8.1 DIRECTOR SUSTAINABLE DEVELOPMENT 13 8.1.1 SCHEME AMENDMENT 145 – REMOVAL OF CONDITION XXIV) FROM THE “TOURIST (T1)” ZONE PROVISIONS – NO. 429 (LOT 2) MOUNT SHADFORTH ROAD, SHADFORTH 13 8.2 DIRECTOR INFRASTRUCTURE AND ASSETS - Nil 16 8.3 DIRECTOR CORPORATE AND COMMUNITY SERVICES 17 8.3.1 FINANCIAL STATEMENTS FOR THE PERIOD ENDING 31 MAY 2018 17 8.3.2 ACCEPTANCE OF SHIRE OF DENMARK SPORT AND RECREATION DRAFT MASTERPLAN 21 8.3.3 DENMARK MOUNTAIN BIKE CLUB – MONKEY ROCK SPEED RUN 26 8.4 CHIEF EXECUTIVE OFFICER 32 8.4.1 DENMARK EAST DEVELOPMENT PRECINCT PROJECT 32 9. COMMITTEE REPORTS & RECOMMENDATIONS 41 9.1 BUSH FIRE ADVISORY COMMITTEE - FIRE CONTROL OFFICER & FIRE WEATHER 41 OFFICER APPOINTMENTS FOR 2018/2019 10. MATTERS BEHIND CLOSED DOORS 45 11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 45 11.1 APPOINTMENT OF COUNCILLOR DELEGATES – AMAZING SOUTH COAST INC. BOARD 45 AND DENMARK RESIDENTS AND RATEPAYERS ASSOCIATION 12. CLOSURE 48 Ordinary Meeting of Council 17 July 2018 Ordinary Council Meeting 17 July 2018 DISCLAIMER These minutes and resolutions are subject to confirmation by Council and therefore prior to relying on them, one should refer to the subsequent meeting of Council with respect to their accuracy. 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. 2 Ordinary Meeting of Council 17 July 2018 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 4.02pm – The Deputy Shire President, Cr Caron, declared the meeting open. Cr Caron acknowledged the land on which the meeting was being held and the traditional custodians of the land, the Bibbulman and Minang people. 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE MEMBERS: Cr Peter Caron (Deputy Shire President) Cr Mark Allen Cr Kingsley Gibson Cr Jan Lewis Cr Ian Osborne Cr Janine Phillips Cr Roger Seeney Cr Rob Whooley STAFF: Mr Bill Parker (Chief Executive Officer) Mr Gilbert Arlandoo (Director Infrastructure and Assets) Mrs Annette Harbron (Director Sustainable Development) Mr Cary Green (Director Corporate and Community Services) Ms Claire Thompson (Executive Assistant) APOLOGIES: Cr Ceinwen Gearon (Shire President) ON APPROVED LEAVE(S) OF ABSENCE: Nil ABSENT: Nil VISITORS: Members of the public in attendance at the commencement of the meeting: 43 Members of the press in attendance at the commencement of the meeting: 2 DECLARATIONS OF INTEREST: Nil 3. ANNOUNCEMENTS BY THE PERSON PRESIDING Nil 4. PUBLIC QUESTION TIME 4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4.1.1 Mr Chris Howden – Community Survey and Privacy At the meeting held on 17 June 2018 Mr Howden made some comments and asked some questions relating to the community survey and privacy. The questions were taken on notice and Mr Howden has been provided with the following response in writing. 3 Ordinary Meeting of Council 17 July 2018 Extract from Council Minutes – 19 June 2018 “Mr Howden referred to the Chief Executive Officer’s response to his previous questions on notice and said that one question had not been answered and he sought clarification on the exact information that was disclosed, such as telephone numbers, mobile numbers, street addresses, email addresses etc. Mr Howden asked that his previous question be taken on notice again and answered in writing which was, “Prior to this survey, did the Shire take advice as to what the legal issues were in conducting such a survey and the residents/ratepayers statutory privacy rights?” Mr Howden asked two further questions; 1. “The CEO has stated that the Privacy Statement of the Shire needs revisiting as it is currently ambiguous. Would the Council please inform me together with the residents, ratepayers and holiday home makers, what they consider as ambiguous about the statement, “The Shire of Denmark will never knowingly distribute such details to third parties”?; and 2. Was the CEO aware of Catalyse own privacy statement. The below is an excerpt from the Catalyse privacy statement. Would the CEO please comment? This policy is effective from 1 March 2016. We may change this policy from time to time. Although we intend to observe this Privacy Policy at all times, it is not legally binding on Catalyse in any way. From time to time we may regard it as necessary or desirable to act outside the policy.” Responses: 1. The Shire did not take advice as to what the legal issues were in conducting such a survey. 2. The policy appears to be broken into two sections. The first section refers to Freedom of Information, with the second making reference to a Privacy Statement. The Privacy Statement section states “By using the Shire of Denmark Web Services clients will from time to time provide information to the Shire in order to ensure the most effective provision of services. Some of this information will be collected automatically by website equipment and some will be specifically requested by client input. This statement seeks to provide clear advice as to how such personal information shall be utilised by the Shire”. The policy then refers to how the Shire may collect personal information using cookies, usage logs, web specific databases, online and other surveys. The policy then states “the Shire of Denmark will never knowingly distribute such details to third parties”. From a staff perspective, is the statement referring to personal information collected using cookies, usage logs, web specific databases, online and other surveys or is the statement more general? For this reason, the Privacy Statement of the Shire needs revisiting. 2. The Shire was aware that Catalyse had a Privacy Statement. The Shire had various discussions with other local governments in relation to using this service. The Shire has no evidence to suggest that Catalyse will act outside the policy. 4 Ordinary Meeting of Council 17 July 2018 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 wall near the entrance to the Council Chambers or can be downloaded from our website at http://www.denmark.wa.gov.au/council-meetings. Questions from the public are invited and welcomed at this point of the Agenda. In accordance with clause 3.2 (2) & (3) of the Shire of Denmark Standing Orders Local Law, a second Public Question Time will be held, if required and the meeting is not concluded prior, at approximately 6.00pm. Questions from the Public 4.2.1 Ms Yasmin Bartlett – Item 8.3.2 (Acceptance of Shire of Denmark Sport and Recreation Draft Masterplan) and Item 8.3.3 (Denmark Mountain Bike Club – Monkey Rock Speed Run) Ms Bartlett discussed a proposal to undertake a land swap with the Denmark Agricultural College of the area near the High School Oval and the unused four hectares at the Denmark Airport. Ms Bartlett said that she believed that this could result in an additional oval and perhaps a kiosk and change rooms. Ms Bartlett expressed her support for the event as she believed it would bring significant visitors to town in the “off peak” season. Ms Bartlett asked whether Council could consider providing an undercover area at the finish to allow cover in the event of heavy rain or protection from the sun. Ms Bartlett also said that she believed that there should be a permanent rain water tank at the site to encourage refilling of water bottles and less waste.
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