ORDINARY MEETING OF COUNCIL - Shire of Denmark · 2018. 6. 20. · industry standard guidelines for bridge design – i.e. Main Roads WA and Austroads. Our assessment was based on

SHIRE of DENMARK

ORDINARY MEETING OF COUNCIL

HELD IN THE COUNCIL CHAMBERS, 953 SOUTH COAST HIGHWAY, DENMARK

ON TUESDAY, 21 MARCH 2017.

Contents Page No.

DISCLAIMER 2 1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 3 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE 3 3. ANNOUNCEMENTS BY THE PERSON PRESIDING 4 4. PUBLIC QUESTION TIME 4

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4 4.1.1 MS KATIE BEWLEY – DENMARK EAST DEVELOPMENT PRECINCT PROJECT

– ALIGNMENT OF WESTERN PRECINCT 4

4.1.2 MR BRIAN HUMPHRIES – DENMARK EAST BRIDGE – CONSULTANTS REPORT 5

4.2 PUBLIC QUESTIONS 7

4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 10

4.4 PRESENTATION, DEPUTATIONS & PETITIONS 10

4.1.1 MS JO WEBB – A SMART START GREAT SOUTHERN INC. 10

5. APPLICATIONS FOR LEAVE OF ABSENCE 11

5.1 CR MORRELL 11

5.2 CR ALLEN 11

5.3 CR WRIGHT 11

6. CONFIRMATION OF MINUTES & NOTES 11 6.1 ORDINARY COUNCIL MEETING – 21 FEBRUARY 2017 11 6.2 SPECIAL COUNCIL MEETING – 7 MARCH 2017 12 6.3 STRATEGIC BRIEFING NOTES – 21 FEBRUARY 2017 12

7. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 12

8. REPORTS OF OFFICERS 13 8.1 DIRECTOR OF PLANNING & SUSTAINABILITY 13 8.1.1 PROPOSED ADDITIONS/ALTERATIONS TO RSL HALL – NO. 54 (LOT 40) STRICKLAND

STREET, DENMARK (RESERVE 23631) 13

8.1.2 SCHEME AMENDMENT 141 – REZONING NO. 99 (LOT 556) MCINTOSH ROAD, HAY FROM “PUBLIC USE” RESERVE TO “GENERAL INDUSTRY” AND NO. 652 (LOT 2) SOUTH COAST HIGHWAY, HAY FROM “RURAL” TO PART “GENERAL INDUSTRY” AND PART “SPECIAL USE”

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8.1.3 PROPOSED COMMERCIAL ADDITIONS/ALTERATIONS (AUTOMATIC TELLER MACHINE) –

NO. 2/27 (STRATA LOT 2/LOT 36) STRICKLAND STREET, DENMARK 29

8.2 DIRECTOR OF COMMUNITY & REGULATORY SERVICES - Nil 33

8.3 DIRECTOR OF INFRASTRUCTURE SERVICES – Nil 33

8.4 DIRECTOR OF FINANCE & ADMINISTRATION 33

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 JANUARY 2017 33

8.4.2 CSRFF SMALL GRANTS – DENMARK RECREATION CENTRE SPORTS COURT CEILING FANS

36

8.4.3 ADOPTION OF 2016/17 MID-YEAR BUDGET REVIEW 40

8.5 CHIEF EXECUTIVE OFFICER - Nil 43

9. COMMITTEE REPORTS & RECOMMENDATIONS 43

10. MATTERS BEHIND CLOSED DOORS 43

10.1 CHIEF EXECUTIVE OFFICER PROBATIONARY REVIEW 43

11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 44

12. CLOSURE 44

Ordinary Meeting of Council 21 March 2017

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Ordinary Council Meeting

21 March 2017

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.


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1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS 4.00pm – The Shire President, Cr Morrell, declared the meeting open. 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE

MEMBERS: Cr David Morrell (Shire President) Cr Ceinwen Gearon (Deputy Shire President) Cr Mark Allen Cr Yasmin Bartlett Cr Peter Caron Cr Jan Lewis Cr Janine Phillips Cr Rob Whooley Cr Clem Wright STAFF: Mr Bill Parker (Chief Executive Officer) Mr Gilbert Arlandoo (Director of Infrastructure Services) Mr Cary Green (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: Nil ON APPROVED LEAVE(S) OF ABSENCE: Nil ABSENT: Nil VISITORS: Members of the public in attendance at the commencement of the meeting: 32 Members of the press in attendance at the commencement of the meeting: 1 DECLARATIONS OF INTEREST:

Name Item No Interest Nature

Cr Morrell 8.1.1 Proximity Cr Morrell is a co-owner of JA James Surgery which is opposite Bent Street.

Mr Parker 10.1 Financial Mr Parker’s employment contract is the subject of the item.

Cr Phillips 8.4.3 Financial Cr Phillips is a member of the Walpole Visitor Centre.

Cr Bartlett 8.4.3 Financial Cr Bartlett is a member of the Walpole Visitor Centre.


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3. ANNOUNCEMENTS BY THE PERSON PRESIDING

The Shire President announced that the major review of the Shire of Denmark’s Strategic Community Plan had commenced. Cr Morrell said that the review provided an opportunity to be involved in ongoing decision making and that there was a survey available online. Cr Morrell encouraged everybody to get involved and provide their input. The Shire President announced that the Council would not be making any decision on the Denmark East Project and bridge alignment at this meeting. Cr Morrell stated that there was still more consultation to be done, specifically with the new State Government. Cr Morrell added that he understood that it had been a long process.

4. PUBLIC QUESTION TIME

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4.1.1 Ms Katie Bewley – Denmark East Development Precinct Project –

Alignment of Western Precinct At the meeting held on Tuesday, 31 January 2017 Ms Bewley asked some questions which were taken on notice. The written response provided to Ms Bewley by the Chief Executive Officer is copied below. “In response to your question taken on notice at the Special Council Meeting held on Tuesday, 31 January 2017, I provide the following responses. Your questions and this written response will be published in the Council Agenda for the Ordinary meeting scheduled for Tuesday, 21 March 2017. • Question 1 – Why didn’t Mr Redman, in his dual role as the Minister of

Regional Development and as our local elected member, respond earlier to community concerns?

• Question 2 – Why is Mr Redman now so vocal and involved? • Question 3 – Why is Mr Redman so resistant to a request for a 12 month

extension? Given that the above questions have been asked directly of Minister Redman, I feel that I am unable to provide a response on his behalf. Question 4 – Which other Royalties for Regions projects have been given extensions? Response: I would suggest that your question be referred to the Great Southern Development Commission who may be in a better position to answer this query. Question 5 – Why does a flawed document, which was used to secure millions of dollars of State tax payer’s money not matter? Response: The Business Case for the Denmark East Development Precinct Project is an aspirational document that seeks to quantify and justify the construction of a local connector road, bridge and industrial area. Although I have read the document, I have not spent a significant amount of time quantifying or justifying the statements, as the intent of the document was to gain funding. That phase of the project lifecycle had concluded when I arrived and my efforts have been directed towards community consultation, option


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analysis and seeking to provide the elected group with adequate information to make an informed decision. In summary, the document does matter. However the document’s importance has diminished since acquiring the funding. Question 6 – Why is this not a concern to us all? Response: This is a concern to us all. Over the coming months and as we develop the Strategic Community Plan, you will notice that the Shire has changed its approach to project identification, refinement and development. My arrival at the Shire is an opportunity to review how the Shire conducts business as the Council pushes for a higher level of consultation and engagement. Question 7 – Why is this not reason enough to pause the project before we proceed? Response: As has been reported, we are unable to pause, suspend or split the project. The Shire finds itself in a difficult situation whereby the project milestones are currently determining how quickly we progress. Under the existing agreement, there is not time to pause. In saying this, Council can decide to return the funding and commence the process from scratch.”

4.1.2 Mr Brian Humphries – Denmark East Bridge – Consultants Report At the meeting held on Tuesday, 21 February 2017 Mr Humphries asked some questions which were taken on notice. The written response provided to Mr Humphries by the Chief Executive Officer is copied below.

“In response to your question taken on notice at the Ordinary Council Meeting held on Tuesday, 21 February 2017, I provide the following responses. Your questions and this written response will be published in the Council Agenda for the Ordinary meeting scheduled for Tuesday, 21 March 2017. The responses below have been prepared in consultation with GHD and Landcorp. Question 1 - Are you aware if the Consultants considered a dambreak-induced-flood scenario for their design criteria for the bridge and, by inference, that they only considered a normal riverine flood? GHD’s Response: GHD’s assessment was undertaken in accordance with industry standard guidelines for bridge design – i.e. Main Roads WA and Austroads. Our assessment was based on a 100 year ARI rainfall event and assumed that all upstream dams were full and spillways operating without failure. This could be described as a ‘normal riverine flood’ with a 100 year ARI. Assessment of a dam break flood scenario was not part of GHD’s scope of works and it would be highly unusual to consider this scenario in the design of a bridge in any circumstances. However, we do note that when we complete detail design for the bridge structure (in whichever location is selected), AS 5100.2 requires bridges to be designed to withstand, without collapse, an ultimate flood event of a magnitude up to and including a 1:2000 ARI event.


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Question 2 - Can you advise if the Consultants were aware that the Quickup dam has a hazard risk category of “Extreme”? GHD’s Response: GHD is aware of the Quickup Dam hazard rating. This dictates dam monitoring and maintenance requirements, but not the design of downstream infrastructure. Question 3 - Referring to the Quickup Dam’s 30 to 35 metre spillway as opposed to the 2 metre spillway for the private dam, Mr Humphries asked whether the consultant had considered the disparity and whether the consultant was advised that the Shire had never approved the dam and that no dam safety assessments has ever been undertaken by the Shire. GHD’s Response: GHD has not been provided with any details of the private dam, nor its approval status. Assessment of a dam break flood scenario was not part of GHD’s scope of works. Question 4 - Would you consider the consultants should have assessed and advised the locational suitability from day one before they did any of the expensive (and potentially redundant) road location and bridge design work? GHD’s Response: GHD’s scope of works did not include selection of potential bridge crossing sites. Our brief was to investigate and assess the five sites, nominated by the Project Steering Group against industry standard guidelines. Question 5 - Because they apparently did not undertake a proper risk assessment of the location with respect to the risks associated with a potential dambreak-induced-flood, would you agree the Consultancy fees should not be paid until such time as they can definitively confirm the suitability or otherwise of the site? Shire’s Response: Given that a dam break flood scenario was not included in the scope of works, it would be against the commissioning agreement to withhold consultancy fees. Question 6 - In the event of the subject dam overflowing, rupturing and causing damage to the new bridge (if it were built), would you consider the consultants would then be held liable for compensation to the Denmark community for their failure to conduct an appropriate due diligence on the risk of a dambreak-induced-flood? Shire’s Response: The question of liability is complex. It would need to be tested legally to establish if the consultant would be held liable for compensation to the Denmark community in the event of a dambreak-induced-flood? Question 7 - You have previously advised me (in regards the current dam emergency at Hazelvale of a dam that the Shire approved under the provisions of its new Dams Policy) that the Shire, once it has approved a dam, has no statutory powers under the Planning & Development Act to require the dam owner to undertake additional remedial works. Can you please confirm that the same situation exists with the Quickup Carter’s dam, namely, that the Shire has no statutory power to now require the current owner of that dam to undertake any remedial works if such were to now be advised by the consultants?


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Shire’s response: The Shire continues to investigate if it has any statutory powers to require a dam owner to undertake additional remedial works, noting that this dam was not approved by the Shire of Denmark. Question 8 - Assuming your inability to respond in the affirmative to the foregoing questions, would you agree the location selected for the proposed bridge is unsuitable for reason of the extreme risk to public safety and the likelihood of massive environmental damage in the event of a dambreak-induced-flood? GHD’s response to Questions 5 – 8: The suitability of the bridge location is quite independent of dambreak flood considerations.”

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 Mrs Bev McGuinness – Centenary of the Battle of Pozieres Mrs McGuinness stated that she and her husband had visited Somme, France

in 2016 for the Centenary of the Battle of Pozieres. Mrs McGuiness advised that they had helped lay over 7,000 crosses to commemorate the Australian soldiers who died during the battle, including 13 from Denmark. Mrs McGuinness presented the Shire President a framed memento of the occasion which included a photo of Mrs McGuinness presenting one of the Shire’s South Coast books to the Franco Australian Museum for the Victoria School of Villers bretonneaux and a photo of the wreath which they had laid with the names of each of the 13 Denmark soldiers on it.

4.2.2 Mrs Joanne White – East River Road (East) Works Mrs White spoke on behalf of the 68 people who had recently signed a petition

regarding the works and closure of East River Road (east) which had been sent to the Chief Executive Officer and Councillors. Mrs White raised a number of issues including lack of consultation, the inconvenience to residents, dust and safety concerns particularly in relation to people having to drive on an unsealed road. Mrs White read out a number of questions.

The Chief Executive Officer acknowledged Mrs White’s concerns and

apologised for the inconvenience to herself and other residents. Mr Parker agreed that the notification and advertising of the works had been inadequate and that the commencement of the works had been rushed. Mr Parker advised that a written response to the petition had been mailed however he thought that perhaps Mrs White may have raised some additional questions and therefore asked for a copy of them so that he could respond formally.

http://www.denmark.wa.gov.au/council-meetings


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Mrs White said that she believed there to be significant safety concerns. The Chief Executive Officer stated that he believed that the construction period would likely be shorter than predicated and the Shire President said that hopefully the condition and sight lines on the road would be better once it was completed.

4.2.3 Mr Geoff Osborne – East River Road (East) Works Mr Osborne said that he had attended the consultation meetings and had never

heard any mention that East River Road (east) would be closed. Mr Osborne expressed his disappointment about the lack of consideration for residents who were now forced to drive on unsealed roads. Mr Osborne stated that he didn’t understand why the road had to be ripped up nor the time it was expected to take to complete the works.

4.2.4 Mr Brian Humphries – Answers to Previous Questions on Notice Mr Humphries referred to his previous questions that were taken on notice and

the answers provided by GHD Consultants which he believed now revealed a number of concerns in relation to the consultant’s report. Mr Humphries stated that he believed that the privately owned dam on Denmark-Mount Barker Road posed a significant potential flood risk that would affect the proposed East River Road bridge regardless of its alignment. Mr Humphries stated that he believed that the dam also posed a risk to downstream residents, property and infrastructure and asked the Shire President whether, given that the Council were now aware of the issue, he would accept that the Council had a responsibility to uphold public safety by ensuring the dam was made compliant to the national dam safety standards.

The Shire President responded stating that he declined to answer the question as it was of a technical nature which was beyond his expertise. Cr Morrell added that he did not believe that local governments had any statutory powers to enter land and remedy dam safety issues. The Chief Executive Officer advised that the bridge would be built to Australian Standards and required to withstand a 1:2000 ARI event.

4.2.5 Mr Colin Cayless – Denmark 2027 Mr Cayless referred to the flier advertising the Shire of Denmark’s Strategic

Community Plan review stating that he didn’t believe that two weeks was long enough for the survey. Mr Cayless said that he believed it was another situation where Council were asking a question but didn’t really care what the answer was and that he believed that transparency was most important for democracy. Mr Cayless urged Council to leave the survey open for longer,

The Chief Executive Officer stated that in his experience the Council’s

consultation strategy for the review was the most comprehensive that he had seen. Mr Parker advised that the survey was just part one of the process and that the entire consultation would not conclude until June/July 2017.

Cr Bartlett asked whether it would be possible to accept late submissions

beyond the survey deadline. Mr Parker advised that submissions and comments would be accepted

throughout the process however there had to be a deadline at some point so that the results could be collated.


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4.2.6 Mr Tony Pedro – Department of Parks & Wildlife Prescribed Burning Mr Pedro stated that since the last meeting the Department of Parks and Wildlife

had written to him advising that they would be happy to meet with people who are interested in the issue. Mr Pedro suggested that perhaps Councillors, Officers or the Bush Fire Advisory Committee needed to meet with them to highlight the issues that he had raised.

4.2.7 Mr Tony Pedro – East River Road (East) Works Mr Pedro congratulated Council on progressing the project to some degree and

asked why there needed to be such a massive cut and width resulting in extensive clearing.

The Director of Infrastructure Services advised that they had to widen the existing road to seven metres and therefore they had to shift the centre line. The Chief Executive Officer advised that roads were required to be built to certain standards and that the clearing was unfortunate but necessary to achieve a good, safe outcome.

4.2.8 Mr Chris Grain – Private Dams Mr Grain referred to the Shire President’s previous response to Mr Humphries

noting that he believed the local government did have statutory powers to ensure dams were built to a safe standard. Mr Grain stated that in his opinion a dam was classified as a development and that the Planning and Development Act enabled Council to require a development application and could approve or refuse such applications. Mr Grain referred to the Council’s Dams Policy which required dams of a certain size to have certification.

The Chief Executive Officer said that there were a number of complex issues

surrounding dam construction including dams which were built prior to the commencement of the policy. Mr Parker added that the Shire is continuing to investigate this matter so that similar issues do not occur in the future.

4.2.9 Mr Jim King – Denmark East Development Precinct Project Mr King referred to the Chief Executive Officer’s response to Ms Bewley’s

questions on notice stating that he believed the Business Plan was flawed and should be scrapped altogether. Mr King suggested that Council negotiate with the new Minister to split the project and go back to the drawing board on the current bridge proposal. Mr King said that he believed that this would then allow Council and the Community to develop a better long term solution which would have long lasting benefits.

4.2.10 Dr Cyril Edwards – Denmark East Development Precinct Project Dr Edwards referred to the proposal for an additional river crossing stating that

he believed it needed to be suitable for through traffic, circulatory traffic and a fire escape. Dr Edwards suggested that Council should be considering a crossing further to the south which he believed would be a better location and cover the three elements.

4.2.11 Mr Colin Cayless – Denmark East Development Precinct Project Mr Cayless suggested that Council should renegotiate the project with the new

State Government and start the process again.


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4.2.12 Mr Mike Travers – Denmark East Development Precinct Project Mr Travers referred to the Council’s Resolution in March 2016 which referenced

a cost overrun understanding in the Financial Assistance Agreement (FAA). Mr Travers asked how it was worded in the FAA and whether it was dependent upon the alignment as he did not believe it had been raised during discussion on Option 3B only Option 3E.

The Chief Executive Officer advised that the Financial Assistance Agreement

did not mention overruns and was not linked to a particular alignment. Mr Parker advised that if the Council wanted something different then Council would need to find the money to cover any variances.

Mr Travers asked that he be given a response in writing. The Shire President agreed that a written response would be provided to Mr Travers.

4.2.13 Mrs Bev Seeney – Recording of Councillors Votes Mrs Seeney referred to recent discussions on Facebook about the Councillors

not recording who voted for and against the confidential item at the meeting held on 21 February 2017 and asked whether Councillors had given any consideration to amending the Minutes.

The Shire President advised that he believed that a Councillor would be moving

a motion to amend the Minutes. 4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

Nil

4.4 PRESENTATIONS, DEPUTATIONS & PETITIONS In accordance with Section 5.24 of the Local Government Act 1995, Sections 5, 6 and 7 of the Local Government (Administration) Regulations and section 3.3 and 3.13 of the Shire of Denmark Standing Orders Local Law, the procedure for persons seeking a deputation and for the Presiding Officer of a Council Meeting dealing with Presentations, Deputations and Petitions shall be as per Council Policy P040118 which can be downloaded from Council’s website at http://www.denmark.wa.gov.au/council-meetings. In summary however, prior approval of the Presiding Person is required and deputations should be for no longer than 15 minutes and by a maximum of two persons addressing the Council. 4.4.1 Ms Jo Webb – A Smart Start Great Southern Inc. Ms Jo Webb, Chairperson of the “A Smart Start Great Southern Program” made

a presentation to Council outlining what they do, how the program is going in Denmark and their achievements and goals.

http://www.denmark.wa.gov.au/council-meetings


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5. APPLICATIONS FOR FUTURE LEAVE OF ABSENCE A Council may, by resolution, grant leave of absence, to a member, for future meetings.

5.1 CR MORRELL

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 5.1 MOVED: CR CARON SECONDED: CR PHILLIPS

That Councillor Morrell be granted leave of absence for the meeting to be held on 18 April 2017.

CARRIED UNANIMOUSLY: 9/0 Res: 050317

5.2 CR ALLEN

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 5.2 MOVED: CR PHILLIPS SECONDED: CR LEWIS

That Councillor Allen be granted leave of absence for the meeting to be held on 18 April 2017.


5.3 CR WRIGHT

COUNCIL RESOLUTION ITEM 5.3 MOVED: CR GEARON SECONDED: CR PHILLIPS

That Councillor Wright be granted leave of absence for the meeting to be held on 18 April 2017.


6. CONFIRMATION OF MINUTES

6.1 ORDINARY COUNCIL MEETING

OFFICER RECOMMENDATION ITEM 6.1

That the minutes of the Ordinary Meeting of Council held on the 21 February 2017 be confirmed as a true and correct record of the proceedings.

COUNCIL RESOLUTION ITEM 6.1 MOVED: CR LEWIS SECONDED: CR CARON

Cr Caron requested that his words be recorded which were as follows;

“I support recording voting preferences on this occasion, so as to comply with an existing resolution. However, I would like to take this opportunity to table my concerns relating to recording of voting preferences on confidential items. With confidential items, officer reports and supporting information is not made available to the public. This has the potential to put Councillors in a difficult situation, as the rationale behind their voting preferences cannot be explained.”


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That the minutes of the Ordinary Meeting of Council held on the 21 February 2017 be confirmed as a true and correct record of the proceeding, subject to the following amendment; 1. Page 40 – After Resolution No. 160217 add the following words,

“Pursuant to Resolution No.031115 all Councillors’ votes on the above resolution are recorded as follows;

FOR: Cr Caron, Cr Allen, Cr Gearon and Cr Morrell.

AGAINST: Cr Phillips, Cr Wright, Cr Lewis and Cr Bartlett.”


REASONS FOR CHANGE Whilst Council had deemed it preferable not to have names recorded due to the fact that any public conjecture regarding the rationale behind individual Councillor's decisions on this matter, could not be informed by the confidential officer report, the solicitor's advice or the ability to listen to the elected members debate, in order to comply with Council Resolution No. 031115 the names of elected members who voted for and against the motion needed to be recorded.

6.2 SPECIAL COUNCIL MEETING

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 6.2 MOVED: CR CARON SECONDED: CR PHILLIPS

That the minutes of the Special Meeting of Council held on 7 March 2017 be confirmed as a true and correct record of the proceedings.


6.3 STRATEGIC BRIEFING NOTES

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 6.3 MOVED: CR GEARON SECONDED: CR WRIGHT

That the Notes from the Strategic Briefing held on 21 February 2017 be received.


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

Nil


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8. REPORTS OF OFFICERS

8.1 Director of Planning & Sustainability

Prior to consideration of Item 8.1.1 the Chief Executive Officer, through the Presiding Person, brought to the attention of the meeting the following disclosure(s) of interest:

Cr Morrell declares a financial interest on the basis that his is a co-owner of JA James Surgery which is opposite Bent Street.

5.39pm - Cr Morrell left the room and did not participate in discussion or vote on the matter.

The Deputy Shire President, Cr Gearon, assumed the chair as the Presiding Person.

8.1.1 PROPOSED ADDITIONS/ALTERATIONS TO RSL HALL – NO. 54 (LOT 40) STRICKLAND STREET, DENMARK (RESERVE 23631)

File Ref: A3097 (2016/50)

Applicant / Proponent: Denmark RSL Sub-Branch

Subject Land / Locality: No. 54 (Lot 40) Strickland Street, Denmark (Reserve 23631)

Disclosure of Officer Interest: Nil

Date: 7 March 2017

Author: Annette Harbron, Director of Planning & Sustainability

Authorising Officer: Annette Harbron, Director of Planning & Sustainability

Attachments: 8.1.1a – Adopted RSL Facilities Master Plan 8.1.1b – Adopted Plane Tree Precinct Development Concept Plan 8.1.1c – Development Application Documentation

Summary: The applicant is seeking Development Approval for additions/alterations to the RSL Hall located at No. 54 (Lot 40) Strickland Street, Denmark (Reserve 23631).

Having regard to the adopted RSL Facilities Master Plan, the adopted Plane Tree Precinct Development Concept Plan and the relevant objectives and provisions of Town Planning Scheme No. 3 (TPS No. 3), it is recommended that Development Approval be granted subject to appropriate conditions. Background: RSL Facilities Master Plan At the Ordinary Meeting of Council held on 3 May 2016 Council considered the RSL Facilities Master Plan that had been prepared by the RSL as a detailed strategic plan to guide future development proposals and related funding applications and resolved the following (Res No. 070516):

That with respect to the proposed RSL Facilities Master Plan for No. 54 (Lot 40) Strickland Street, Denmark (Reserve 23631), Council:

1. Adopts the plan as the guiding document in relation to development proposals and related funding applications, noting that the retaining wall shown on the common boundary with No. 11 (Lot 42) Price Street will require detailed consideration at the relevant development application stage in relation to addressing vegetation and visual amenity improvements as referenced on the adopted Plane Tree Precinct Development Concept Plan;

2. Authorises the Chief Executive Officer to sign, as the landowner, any Applications for Development Approval forms and the subsequent Building Permit applications (as required should Development Approval(s) be forthcoming) that are generally consistent with the adopted RSL Facilities Master Plan;

3. Require that the Development Application(s) be referred back to Council for formal consideration; and

4. Commends the Denmark RSL Sub-branch in undertaking this strategic planning exercise to guide future development proposals and related funding applications.


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Attached as Attachment 8.1.1a and 8.1.1b is the adopted RSL Facilities Master Plan and adopted Plane Tree Precinct Development Concept Plan respectively. Current Application An application for Development Approval 2016/50 was lodged with Planning Services in February 2017 seeking approval for the additions/alterations to the existing RSL Hall building – refer Attachment 8.1.1c. In summary, the proposal entails the following works:

New entrance and foyer to the building on the northern side of the building opening out onto the green space area;

New toilet facilities;

New store area; and

Internal modifications for redeveloped kitchen and bar areas. It should be noted that in relation to the external elements of the project, namely car parking, footpaths and retaining walls, these works are to be undertaken as part of the Plane Tree Precinct Implementation Project – noting that following inclusion of the project within the 2016/2017 budget and inclusion in the Corporate Business Plan 2016-2020, the Shire of Denmark lodged a grant application with the Great Southern Development Commission’s Great Southern Royalties for Regions Regional Grants Scheme in September 2016 for $244,875 (total project cost of $887,590 – with $250,000 to be sourced via other grant funds. In late January 2017 the Shire of Denmark was advised that the grant application was successful – noting however that only $200,000 (plus GST if applicable) was available to be funded under the program, with such funds available no earlier than 1 July 2017. As a result, the Director of Planning & Sustainability (being the Program Manager for this project – refer ‘Governance’ section of this report for more information in relation to Major Projects structure recently introduced by the Shire’s Executive Management Team) is currently undertaking a review of the project works, the proposed budget and additional funding opportunities to offset the shortfall in funding from the Great Southern Development Commission such that the project can be fully implemented in a timely manner. The 2016/2017 Municipal Budget included $229,535 for the Plane Tree Precinct Development Implementation Project (Job 50210) and $25,000 for demolition of the former Infant Health Clinic Building (Job 11020), with $269,500 to be sourced via grant funds – with reference that additional funds for the project would be sourced in the 2017/2018 municipal budget (given the project was to be carried out over two (2) financial years). At this stage the proposed funding regime (noting that the former Infant Health Clinic Building has now been demolished thus cannot be included as part of the project works now) is as per the following:

Funding Source Amount

Great Southern Development Commission $200,000 (approved grant funding)

Department of Veterans Affairs $140,000 (grant funding application lodged by RSL)

RSL Contribution $71,000 (confirmed)

Shire of Denmark $312,890 **

Lotterywest $143,800 ** (grant application to be lodged)

TOTAL $867,690 ** Funding regime amounts may differ once grant application lodged; noting aim is to seek additional funds from Lotterywest than originally proposed within the Great Southern Development Commission funding application to offset the funding shortfall.


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Given that grant funds are not available any earlier than 1 July 2017, it has been recommended as part of the mid-year budget review process (which is the subject of Council’s consideration at Item 8.4.3) that Job 50210 be decreased to $50,000 to allow the project team the ability to obtain design drawings, relevant approvals etc. The additional budget funds needed for the project will then be budgeted for in the 2017/2018 and 2018/2019 financial years should the works programme timeframe extend into that financial year. Obtaining development approval for the building works at this stage will enable the RSL to progress funding discussions with the Department of Veteran Affairs, and the Shire of Denmark/RSL with Lotterywest. Consultation: The Officer has considered the requirement for consultation and/or engagement with persons or organisations that may be unduly affected by the proposal and considered Council’s Community Engagement Policy P040123 and the associated Framework and believes that no additional external engagement or consultation is required on this specific matter given the previous consultation undertaken in relation to the adoption of the PTPDCP and the letter of support from the Denmark Historical Society provided as part of the adoption of the RSL Facilities Master Plan documentation – noting that the development application is consistent with the RSL Facilities Master Plan. Internal Consultation

Development Co-ordination Unit

Statutory Obligations: Special Conditions 7d) and 7e) of the lease between the Returned & Services League of Australia WA Branch Inc. and the Shire of Denmark (which expires on 30 November 2019) state: 7d) The Lessee prior to undertaking any development shall first obtain the written permission of

the Lessor with respect to landowner, planning (development) and building or demolition approvals. The Shire of Denmark will not be fettered in its assessment by virtue of this lease or in its role as Lessor, and subject to it not being in conflict with the Plane Tree Precinct Development Plan (as described in Appendix 2).

7e) The Lessee agrees that the Lessor has permission to undertake development in accordance

with the principles of the adopted Plane Tree Precinct Development Plan (as described in Appendix 2), subject to the Lessor providing the Lessee a minimum of 90 days written notice.

Policy Implications: The adopted RSL Facilities Master Plan, which was developed having due regard to the adopted Plane Tree Precinct Development Concept Plan, was prepared to guide future usage and development of Reserves 26026 and 26361. The development application works are consistent with the adopted RSL Facilities Master Plan. The adopted PTPDCP and the RSL Facilities Master Plan have given due regard to Council Policy P110710: Disability Access & Inclusion Policy Statement and the Shire of Denmark’s Disability Access and Inclusion Plan 2013-2018, with key elements of both plans being the provision of provision of disabled access paths, car parking bays and access to the building(s). As per the Shire of Denmark’s Municipal Heritage Inventory 2011, the following Place Records Forms pertain to the subject site:

RSL Memorial Hall

WW2 Gun & Carriage

Strickland Street Precinct.


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As per Town Planning Scheme Policy No. 45: Planning Application Process for Heritage Places, a development application for a property that listed on the Municipal Heritage Inventory 2011 should be referred to the Denmark Historical Society for comment. In this regard the Denmark Historical Society supported the RSL Facilities Master Plan and given the development application plans are exactly the same as the RSL Facilities Master Plan, the development application has not been re-referred to them for comment. Budget / Financial Implications: Refer ‘Background’ section of this report for information pertaining to the grant funding that has been obtained for the Plane Tree Project Implementation Project. Strategic & Corporate Plan Implications: The report and officer recommendation is consistent with Council’s adopted Strategic Plan Objectives and Goals and the Corporate Business Plan Actions and Projects in the following specific ways: Strategic Community Plan Social Objective – Denmark’s communities, people and places are connected and creative, vibrant and dynamic, healthy and safe. Social Goal: Lifestyle - that the Shire of Denmark endeavour to maintain and improve the standards and style of living, together with the creative and vibrant culture, that residents and visitors have come to expect. Governance Objective – the Shire of Denmark provides renowned leadership in sustainability, is effective with both its consultation with its people and its management of its assets, and provides transparent fiscally responsible decision making. Governance Goal: Planning – that the Shire of Denmark work with other relevant authorities and agencies to develop and implement planning policies and decisions that not only reflect the wishes of the community, but also provide the region with appropriate development options. Corporate Business Plan 1.2.2 Implement the public realm works from the Plane Tree Precinct Development Concept

Plan and support the lessees in developing their buildings, obtaining grant funds wherever possible.

4.1.1 Ensure quality, consistent and responsive development and building assessment approval processes and enforcement.

Sustainability Implications: Governance: Due regard has been given to the adopted RSL Facilities Master Plan and relevant Council Policies relating to the report and officer recommendation. As briefly referenced in the ‘Background’ section of this report, the Shire’s Executive Management Team has recently introduced a Major Projects structure in order to manage the numerous range of major projects that the Shire of Denmark is proceeding with over the next few years. In relation to the structure, this entails:

A Program Manager (CEO or a Director) that takes ultimate responsibility for the project.

A Project Manager (internal or external appointment depending on project) that will progress the day-to-day works required for the project.

A Project Team (comprised of internal staff from across the organisation) that will provide technical input and/or assistance as required in relation to the project.


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Environmental:

There are no known significant environmental implications relating to the report or officer recommendation. Economic: Improvements to the RSL Hall, and the adjoining public realm as part of the Plane Tree Precinct Implementation Project, will provide opportunities for additional usage. Social:

The Denmark RSL Sub-Branch play an important role in the social fabric of the Denmark community. Risk:

Risk

Risk Likelihood (based on history and

with existing controls)

Risk Impact / Consequence

Risk Rating (Prior to

Treatment or Control)

Principal Risk Theme

Risk Action Plan (Controls or Treatment proposed)

The proponent may lodge an application for review to the State Administrative Tribunal if the Council’s decision was to refuse the proposal.

Possible (3) Minor (2) Moderate (5-9)

Failure to meet Statutory, Regulatory or Compliance Requirements

Accept Officer Recommendation as the decision is based on sound planning grounds. If a decision is made to refuse the application, Council is to provide sound reasoning to support solid defence at the State Administrative Tribunal should the applicant wish to pursue a Right of Review.

Comment/Conclusion: Planning Services have assessed the proposal having regard to the relevant objectives and provisions of TPS No. 3, the adopted RSL Facilities Master Plan and the adopted Plane Tree Precinct Development Concept Plan and it is recommended that Development Approval be granted subject to appropriate conditions. Voting Requirements: Simple majority.

5.41pm – The Director of Infrastructure Services left the room. 5.47pm – The Director of Infrastructure Services left the room.


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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.1 MOVED: CR WRIGHT SECONDED: CR ALLEN

That with respect to the development application for proposed Additions/Alterations to the RSL Hall at No. 54 (Lot 40) Strickland Street Denmark (Reserve 23631), Council grants Development Approval subject to the following:

Conditions 1. The development shall be carried out and fully implemented in accordance with the

attached stamped approved plan(s) dated 28 February 2017. 2. All stormwater and drainage run off from all roofed and impervious areas is to be

retained on-site or connected to a legal point of discharge to the satisfaction of the Shire of Denmark (Infrastructure Services).

3. The development shall be connected to sewer. 4. The development is to be connected to a reticulated water supply provided by a licensed

water provider.


8.1.2 SCHEME AMENDMENT 141 – REZONING NO. 99 (LOT 556) MCINTOSH ROAD, HAY FROM “PUBLIC USE” RESERVE TO “GENERAL INDUSTRY” AND NO. 652 (LOT 2) SOUTH COAST HIGHWAY, HAY FROM “RURAL” TO PART “GENERAL INDUSTRY” AND PART “SPECIAL USE”

File Ref: TPS3/SA141 (A5604; A2503)

Applicant / Proponent: Edge Planning on behalf of Shire of Denmark

Subject Land / Locality: No. 99 (Lot 556) McIntosh Road, Hay & No. 652 (Lot 2) South Coast Highway, Hay


Date: 9 March 2017

Author: Annette Harbron, Director of Planning & Sustainability


Attachments: 8.1.2a – Advertised Scheme Text Provisions, Zoning Map and Indicative

Concept Plan 8.1.2b – Schedule of Submissions

Summary: In October 2016 Council resolved to initiate Scheme Amendment No. 141 to Town Planning Scheme No. 3 (TPS No. 3) to rezone No. 99 (Lot 556) McIntosh Road, Hay from “Public Use” local scheme reserve to “General Industry” and No. 652 (Lot 2) South Coast Highway, Hay from “Rural” to part “General Industry” and part “Special Use” to provide for the development of the new industrial estate, comprising of ‘composite’ rural enterprise development on the southern portion of the land parcels abutting South Coast Highway. Scheme Amendment No. 141 was advertised for public comment, with ten (10) submissions received. It is recommended that Council grant final approval with modifications to Scheme Amendment No. 141 and refer the document to the Western Australian Planning Commission (WAPC)/Minister for Planning for final approval. Background: At its meeting of 18 October 2016, Council considered initiating Scheme Amendment No. 141 to Town Planning Scheme No. 3 (TPS No. 3) wherein they resolved the following (Res No: 031016):


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That with respect to the initiation of a Scheme Amendment to rezone No. 99 (Lot 556) McIntosh Road, Hay from “Public Use” local scheme reserve to “General Industry” and No. 652 (Lot 2) South Coast Highway, Hay from “Rural” to part “General Industry” and part “Special Use”, Council:

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

Scheme No. 3 Amendment No. 141 by: a) Inserting new ‘General Industry’ and ‘Special Use’ zones to Clause 3.1.1. b) Inserting new Clause 3.1.3(k) as follows:

General Industry Zone - to provide for a broad range of industrial, service and storage activities which, by the nature of their operations, should be isolated from residential and other sensitive land uses. To accommodate industry that would not otherwise comply with the performance standards of light industry. Seek to manage impacts such as noise, dust and odour within the zone.

c) Inserting new Clause 3.1.3(l) as follows: Special Use Zone - to facilitate special categories of land uses which do not sit comfortably within any other zone. To enable the local government to impose specific conditions associated with the special use.

d) Adding the use class of ‘Caretaker’s Dwelling’ to Table 1 – Zoning Table with the following symbols to apply: - ‘Residential’, ‘Industrial’ and ‘Rural Multiple Occupancy’ zones – no symbol - ‘Tourist’, ‘Commercial’, ‘Rural’ and ‘Professional Office’ zones - AA

e) Amending Table 1 – Zoning Table as follows: - Adding a new column titled ‘General Industry’ - Adding a new column titled ‘Special Use’ - Adding the symbol ‘AA’ to the following use classes in the ‘General Industry’ column:

o Fuel Depot o General Industry o Service Industry o Service Station o Telecommunications Infrastructure o Transport Depot o Vehicle Repairs o Vehicle Wrecking o Warehouse

- Adding the symbol ‘SA’ to the following use classes in the ‘General Industry’ column : o Noxious Industry o Rural Industry o Veterinary Establishment

- Adding the symbol ‘IP’ to the following use classes in the ‘General Industry’ column: o Office o Shop

- Allocating no symbol to all other use classes in the ‘General Industry’ column - Adding the words ‘Refer to Appendix XVIII’ in the ‘Special Use’ column

f) Amending Table 2 – Development Standards as follows: - Adding a new row titled ‘General Industry’, with the following to apply:

o Minimum Setback – Front (m): 15 o Minimum Setback – Side (m): 5 o Minimum Setback – Rear (m): 10 o Maximum Plot Ratio – 0.6:1 o Maximum Site Coverage – (B) o Landscaping (percent) – 2.5

- Adding a new row titled ‘Special Use, with the following to apply:


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o Minimum Setback – Front (m): (B) o Minimum Setback – Side (m): (B) o Minimum Setback – Rear (m): (B) o Maximum Plot Ratio – (B) o Maximum Site Coverage – (B) o Landscaping (percent) – (B)

g) Adding Clause 5.39 as follows: GENERAL INDUSTRY ZONE PROVISIONS 5.39.1 Minimum lot size for ‘General Industry’ zoned lots shall be 4000m2. 5.39.2 In considering an application for development approval within the General Industry

zone, the local government shall have regard to matters including, but not limited to: (i) the Environmental Protection Authority’s Guidance Statement No. 3 – Separation

Distances between Industrial and Sensitive Land Uses; (ii) heights of buildings/structures, risks (including bushfire risk), hazards, health and

amenity associated with the proposed use being located in proximity to existing and approved adjoining and surrounding land uses;

(iii) the water usage requirements of the proposed industry in light of the area being unsewered; and

(iv) the practicability and effectiveness of any amelioration measures which form part of the proposed development.

5.39.3 The use of zincalume as a roof and/or wall material for buildings is prohibited. h) Adding Clause 5.40 as follows:

SPECIAL USE ZONE PROVISIONS Scheme provisions for a specific Special Use Zone shall be as set out in Appendix XVIII specifying any special provisions appropriate to secure the objectives of the zone.

i) Adding a new ‘Appendix XVIII – Special Use Zone’ as follows: - Column 1: SU No. - Column 2: Particulars of the Land - Column 3: Special Uses - Column 4: Conditions

j) Updating the Table of Contents accordingly. k) Adding ‘General Industry’ and ‘Special Use’ zones to the Scheme Map legend accordingly

as per the Scheme Amendment Map. l) Rezoning No. 99 (Lot 556) McIntosh Road, Hay from ‘Public Use’ reserve to ‘General

Industry’ zone and amending the Scheme map accordingly. m) Rezoning No. 652 (Lot 2) South Coast Highway, Hay from ‘Rural’ to part ‘General Industry’

zone and part ‘Special Use (SU1)’ zone and amending the Scheme Map accordingly. n) Inserting Special Use (SU1) zone provisions in ‘Appendix XVIII – Special Use Zones’ as

follows: - Column 1: SU No.

SU1 - Column 2: Particulars of the Land

Ptn of No. 652 (Lot 2) South Coast Highway, Hay - Column 3 – Special Uses

Rural Enterprise Precinct Objectives:

To provide for light industrial and ancillary residential development on one lot.

To provide for lot sizes in the range of 1 to 4 hectares.

To carefully design rural enterprise estates to provide a reasonable standard of amenity (within the precinct and the surrounding locality) without limiting light industrial land uses.

To provide a transition use between the ‘General Industry zone to the north of the precinct and South Coast Highway, acknowledging the precinct’s location on South Coast Highway being the ‘gateway’ into Denmark.


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To notify prospective purchasers of potential amenity impacts from industrial land uses on-site and from the adjoining industrial area.

- Column 4 – Conditions 1. Notwithstanding any other provisions of the scheme, the following land uses are

the only permissible land uses in this zone: ‘AA’ Uses:

Light Industry ‘SA’ Uses:

Aquaculture

Garden Centre

Service Industry

Transport Depot ‘IP’ Uses:

Single House 2. Prior to subdivision and development of the site (excluding subdivision of the

subject site to reflect the boundaries of the ‘General Industry’ and ‘Special Use’ zones), a Local Development Plan is to be approved by the local government.

3. The Local Development Plan is to guide and coordinate development and subdivision of the site and shall suitably address matters including, but not necessarily limited to: (i) Lot configuration; (ii) Location of suitable development areas for industrial uses and ancillary

residential development on-site; (iii) Adjoining landuse buffer considerations; (iv) Vegetation retention and/or revegetation areas to address visual amenity

impacts of the development from South Coast Highway; (v) Bushfire management considerations; (vi) Vehicular access arrangements – noting no vehicular access is permissible to

South Coast Highway (other than an emergency access way); (vii) Servicing arrangements including stormwater management; (viii) Signage, building material and fencing considerations.

4. Development and subdivision shall generally be in accordance with the approved Local Development Plan.

2. Determine that Town Planning Scheme No. 3 Scheme Amendment No. 141 is a ‘Standard Amendment’ as per the provisions of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reasons: a) It is an amendment that is consistent with a local planning strategy that has been endorsed

by the Western Australian Planning Commission; b) It is an amendment that is considered will have minimal impact on land in the scheme area

that is not the subject of the amendment; c) It is an amendment that is considered will not result in any significant environmental, social,

economic or governance impacts on land in the scheme area; and d) Is not a complex or basic amendment.

3. Refer Town Planning Scheme No. 3 Scheme Amendment No. 141 to the Environmental Protection Authority in accordance with Section 81 of the Planning and Development Act 2005.

4. Resolve to proceed to advertising of Town Planning Scheme Amendment No. 141 as per Regulation 47 of the Planning and Development (Local Planning Schemes) Regulations 2015.

In line with Council’s resolution the documentation was referred to the Environmental Protection Authority (EPA) in accordance with Section 81 of the Planning and Development Act 2005 on 25 October 2016. The EPA considered the proposal and determined that the proposed scheme amendment should not be assessed under Part IV Division 3 of the Environmental Protection Act 1986 and that it was not necessary to provide any advice or recommendations.


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Consultation: Public advertising of Scheme Amendment No. 141 (refer Attachment 8.1.2a for the proposed Scheme Text provisions, Zoning Map and an Indicative Concept Plan – noting that due to the size of the document a copy of the Scheme Amendment Report documentation is available for Councillors via Dropbox or USB, with a printed version available for Councillors upon request) commenced on 28 November 2016 and closed on 20 January 2017 (being 54 days; statutory requirement is minimum 42 days). During the advertising period the following consultation took place:

Advertising notice in the Denmark Bulletin on 1 December 2016 inviting public comment;

Referral of the Scheme Amendment documentation to the following government departments/servicing authorities inviting comment: o Department of Aboriginal Affairs o Department of Agriculture and Food WA o Department of Environment Regulation o Department of Fire & Emergency Services o Department of Health o Main Roads WA o Department of Planning o Department of Water o Telstra Corporation o Water Corporation o Western Power

Referral to forty six (46) landowners generally within 1km radius of the subject lot inviting comment;

Referral to landowners of No. 652 (Lot 2) South Coast Highway given the amendment also relates to their landholding; and

Scheme Amendment documentation was available for viewing at the Shire Administration Office and on the Shire’s website.

At the close of the advertising period, a total of ten (10) submissions were received – four (4) from the public and six (6) from government departments/servicing authorities. Attached as Attachment 8.1.2b is the Schedule of Submissions – with all submissions received being entered into the schedule as verbatim. Column 4 of the Schedule of Submissions represents Planning Services comments/response to the submissions and any modifications recommended as a result. Statutory Obligations:

Planning and Development Act 2005 – TPS No. 3 is an operative Local Planning Scheme under the Act;

Town Planning Scheme No. 3 – No. 99 (Lot 556) McIntosh Road, Hay is currently reserved as “Public Use” and No. 652 (Lot 2) South Coast Highway, Hay is zoned “Rural”; and

Planning and Development (Local Planning Schemes) Regulations 2015 – The Regulations set the procedure for amending a town planning scheme.

Policy Implications: The following policies have been given due consideration in relation to this proposal:

State Planning Policy No. 2.5: Land Use Planning in Rural Areas

State Planning Policy No. 2.9: Water Resources

State Planning Policy No. 3: Urban Growth and Settlement

State Planning Policy 3.7: Planning in Bushfire Prone Areas

State Planning Policy 4.1: State Industrial Buffer Policy


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Local Planning Policy No. 25.1: Denmark Airfield and Airpark Budget / Financial Implications: Costs associated with the engagement of the planning consultant, and associated technical consultants, to undertake the Scheme Amendment have been met by the Shire (funded out of the 2015/2016 Municipal Budget) and/or LandCorp as part of the development of the Industrial Estate. Strategic Implications: The subject lots are designated in the adopted Local Planning Strategy as ‘Industrial’, with the Airport Buffer and Waste Transfer Buffer extending over the lots. The following provisions from the Local Planning Strategy are relevant to Scheme Amendment 141: Part 1 Section 4.3 Future Industry Objective: To identify a new industrial area that will provide sufficient and adequately serviced land available for a range of industrial activities to broaden the employment opportunities close to the Denmark townsite. Strategies: a) Identify a new industrial park located on McIntosh Road within the Education Department’s

(Agriculture College) landholding and a portion of privately owned land to facilitate future industrial development. Council needs to continue negotiations with the State Government (State Land Services on behalf of Education Department), the board of the Denmark Agricultural College and the private land owner in order to facilitate transfer of the State land to ownership of the Shire of Denmark.

b) The Shire needs to either, enter in dialogue with LandCorp to secure it as a potential partner to undertake the subdivision and development works to prepare industrial lots for sale or consider the options of entering into a Joint Venture with a private developer, undertaking the project management itself, or selling the industrial park en globo to a private developer. The Shire will need to put in place appropriate measures and/or investigate employment of appropriate staff in regard to implementation of the last three options.

Implementation: 1. Council zone the future industrial park identified in the Local Planning Strategy to “Industrial”.

The rezoning is to contain broad design criteria (i.e. lot sizes) to inform the Local Structure Plan process and is to review the use class table to allow for a variety of industries including the possibility of supporting a mixed use of residences and workshops were visible from the South Coast Highway to retain the appearance of rural land and graduating to industrial uses where not visible from the highway.

2. Council continue negotiations with the State and Board of the Denmark Agricultural College to transfer ownership of the State owned land identified as the new industrial park to the Shire.

3. Council enter into discussions with Water Corporation and Western Power to agree to a timing program for the extension of adequate services to the industrial park.

4. Council promote partnerships in the subdivision and development of the new industrial park. In relation to the above:

Strategy a) and Implementation Point 2. have been implemented as Council acquired the subject land (now referred to as No. 99 (Lot 556) McIntosh Road) from the Department of Education on 28 November 2014;

Implementation Point 1. is currently being implemented via the progression of Scheme Amendment 141; and

Strategy b) and Implementation Points 3. and 4. have been/are being implemented as Council requested, and LandCorp agreed, to undertake the subdivision of Stage 1 of the industrial estate under the Regional Development Assistance Program.


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The development of the industrial estate is consistent with the Lower Great Southern Strategy 2016, the Great Southern Regional Planning & Infrastructure Framework (2015) and the Great Southern Regional Investment Blueprint. The report and officer recommendation is consistent with Council’s adopted Strategic Plan Objectives and Goals and the Corporate Business Plan Actions and Projects in the following specific ways: Strategic Community Plan Social Goal: Population – that the Shire of Denmark closely monitors it population growth over the next two decades, to put into place advocacy, policies and infrastructure that reflect the needs of a diverse age range and which will be attractive to both present and new residents. Economic Goal: Development – that the Shire of Denmark closely monitor development and associated infrastructure needs in the region, and acts in conjunction with other authorities and agencies to plan development which is sensitive, timely and appropriate to the community’s needs. Governance Objective: The Shire of Denmark provides renowned leadership in sustainability, is effective with both its consultation with its people and its management of its assets, and provides transparent and fiscally responsible decision making. Governance Goal: Planning – that the Shire of Denmark work with other relevant authorities and agencies to develop and implement planning policies and decisions that not only reflect the wishes of the community, but also provide the region with appropriate development options.

Corporate Business Plan 1.1.6 Implement the Local Planning Strategy implementation items as required. 3.2.1 Finalise the Denmark East Development Precinct industrial land subdivision works. 4.4.2 Collaborate with the State Government to ensure that local planning development and

long term growth needs are met. Sustainability Implications: Governance: All processes associated with Amendment 141 have been actioned as per the requirements of the Planning and Development (Local Planning Schemes) Regulations 2015. Environmental: There are no known significant environmental considerations relating to the report or officer recommendation, noting that the proposed Scheme provisions will ensure that due regard is given to environmental considerations associated with the future development of the industrial estate. Economic: Industrial businesses are major contributors to the local economy. Social: There are no known significant social considerations relating to the report or officer recommendation.


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Risk:

Risk








That the WAPC/Minister for

Planning do not support the Amendment

proposal

Unlikely (2) Moderate (3) Moderate (5-9) Not Meeting Community

expectations

Accept Officer Recommendation

Comment/Conclusion: From a Planning Services perspective it is considered that Scheme Amendment 141 will provide the appropriate planning mechanisms to progress with the development of the industrial estate, including the rural enterprise development component, and that from the submissions received the issues raised are able to be adequately addressed with the proposed provisions and/or modifications recommended. Voting Requirements: Simple majority.

5.51pm – The Shire President, Cr Morrell, returned to the room as resumed the chair as the Presiding Person. 5.57pm – Cr Phillips left the room. 5.59pm – Cr Phillips returned to the room.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.2 MOVED: CR WRIGHT SECONDED: CR CARON

That with respect to Scheme Amendment No. 141 to rezone No. 99 (Lot 556) McIntosh Road, Hay from “Public Use” local scheme reserve to “General Industry” and No. 652 (Lot 2) South Coast Highway, Hay from “Rural” to part “General Industry” and part “Special Use”, Council:

1. Notes the submissions received. 2. Require the associated Scheme Amendment No. 141 report documentation to be updated

to reflect the comments provided by the Department of Fire & Emergency Services that have been agreed as needing updating/correcting/clarifying in Attachment 8.1.2b; and

3. Adopts Scheme Amendment No. 141 for final approval with modifications by: a) Inserting new ‘General Industry’ and ‘Special Use’ zones to Clause 3.1.1. b) Inserting new Clause 3.1.3(k) as follows:

General Industry Zone - to provide for a broad range of industrial, service and storage activities which, by the nature of their operations, should be isolated from residential and other sensitive land uses. To accommodate industry that would not otherwise comply with the performance standards of light industry. Seek to manage impacts such as noise, dust and odour within the zone.

c) Inserting new Clause 3.1.3(l) as follows: Special Use Zone - to facilitate special categories of land uses which do not sit comfortably within any other zone. To enable the local government to impose specific conditions associated with the special use.


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d) Adding the use class of ‘Caretaker’s Dwelling’ to Table 1 – Zoning Table with the following symbols to apply: - ‘Residential’, ‘Industrial’ and ‘Rural Multiple Occupancy’ zones – no symbol - ‘Tourist’, ‘Commercial’, ‘Rural’ and ‘Professional Office’ zones - AA

e) Amending Table 1 – Zoning Table as follows: - Adding a new column titled ‘General Industry’ - Adding a new column titled ‘Special Use’ - Adding the symbol ‘AA’ to the following use classes in the ‘General Industry’ column:

o Fuel Depot o General Industry o Service Industry o Service Station o Telecommunications Infrastructure o Transport Depot o Vehicle Repairs o Vehicle Wrecking o Warehouse

- Adding the symbol ‘SA’ to the following use classes in the ‘General Industry’ column: o Noxious Industry o Rural Industry o Veterinary Establishment

- Adding the symbol ‘IP’ to the following use classes in the ‘General Industry’ column: o Office o Shop

- Allocating no symbol to all other use classes in the ‘General Industry’ column - Adding the words ‘Refer to Appendix XVIII’ in the ‘Special Use’ column

f) Amending Table 2 – Development Standards as follows: - Adding a new row titled ‘General Industry’, with the following to apply:

o Minimum Setback – Front (m): 15 o Minimum Setback – Side (m): 5 o Minimum Setback – Rear (m): 10 o Maximum Plot Ratio – 0.6:1 o Maximum Site Coverage – (B) o Landscaping (percent) – 2.5

- Adding a new row titled ‘Special Use, with the following to apply: o Minimum Setback – Front (m): (B) o Minimum Setback – Side (m): (B) o Minimum Setback – Rear (m): (B) o Maximum Plot Ratio – (B) o Maximum Site Coverage – (B) o Landscaping (percent) – (B)

g) Adding Clause 5.39 as follows: GENERAL INDUSTRY ZONE PROVISIONS 5.39.1 Minimum lot size for ‘General Industry’ zoned lots shall be 4000m2. 5.39.2 In considering an application for development approval within the General

Industry zone, the local government shall have regard to matters including, but not limited to: (i) the Environmental Protection Authority’s Guidance Statement No. 3 –

Separation Distances between Industrial and Sensitive Land Uses; (ii) heights of buildings/structures, risks (including bushfire risk), hazards, health

and amenity associated with the proposed use being located in proximity to existing and approved adjoining and surrounding land uses;

(iii) the water usage requirements of the proposed industry in light of the area being unsewered; and


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(iv) the practicability and effectiveness of any amelioration measures which form part of the proposed development.

5.39.3 The use of zincalume as a roof and/or wall material for buildings is prohibited. h) Adding Clause 5.40 as follows:

SPECIAL USE ZONE PROVISIONS Scheme provisions for a specific Special Use Zone shall be as set out in Appendix XVIII specifying any special provisions appropriate to secure the objectives of the zone.

i) Adding a new ‘Appendix XVIII – Special Use Zone’ as follows: - Column 1: SU No. - Column 2: Particulars of the Land - Column 3: Special Uses - Column 4: Conditions

j) Updating the Table of Contents accordingly. k) Adding ‘General Industry’ and ‘Special Use’ zones to the Scheme Map legend

accordingly as per the Scheme Amendment Map. l) Rezoning No. 99 (Lot 556) McIntosh Road, Hay from ‘Public Use’ reserve to ‘General

Industry’ zone and amending the Scheme map accordingly. m) Rezoning No. 652 (Lot 2) South Coast Highway, Hay from ‘Rural’ to part ‘General

Industry’ zone and part ‘Special Use (SU1)’ zone and amending the Scheme Map accordingly.

n) Inserting Special Use (SU1) zone provisions in ‘Appendix XVIII – Special Use Zones’ as follows: - Column 1: SU No.

SU1 - Column 2: Particulars of the Land

Ptn of No. 652 (Lot 2) South Coast Highway, Hay - Column 3 – Special Uses

Rural Enterprise Precinct Objectives:

To provide for light industrial and ancillary residential development on one lot.

To provide for lot sizes in the range of 1 to 4 hectares.

To carefully design rural enterprise estates to provide a reasonable standard of amenity (within the precinct and the surrounding locality) without limiting light industrial land uses.

To provide a transition use between the ‘General Industry zone to the north of the precinct and South Coast Highway, acknowledging the precinct’s location on South Coast Highway being the ‘gateway’ into Denmark.

To notify prospective purchasers of potential amenity impacts from industrial land uses on-site and from the adjoining industrial area.

- Column 4 – Conditions 1. Notwithstanding any other provisions of the scheme, the following land uses are

the only permissible land uses in this zone: ‘AA’ Uses:

Light Industry ‘SA’ Uses:

Aquaculture

Garden Centre

Service Industry

Transport Depot ‘IP’ Uses:

Single House 2. Prior to subdivision and development of the site (excluding subdivision of the

subject site to reflect the boundaries of the ‘General Industry’ and ‘Special Use’ zones), a Local Development Plan is to be approved by the local government.


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3. The Local Development Plan is to guide and coordinate development and subdivision of the site and shall suitably address matters including, but not necessarily limited to: (i) Lot configuration; (ii) Location of suitable development areas for industrial uses and ancillary

residential development on-site; (iii) Adjoining landuse buffer considerations; (iv) Vegetation retention and/or revegetation areas to address visual amenity

impacts of the development from South Coast Highway; (v) Bushfire management considerations; (vi) Vehicular access arrangements – noting no vehicular access is permissible

to South Coast Highway (other than an emergency access way as approved by Main Roads WA);

(vii) Servicing arrangements including stormwater management; (viii) Signage, building material and fencing considerations.

4. Development and subdivision shall generally be in accordance with the approved Local Development Plan.

4. Authorises the Shire President and Chief Executive Officer to execute the documentation for forwarding to the Western Australian Planning Commission seeking final approval by the Minister for Planning.

5. Advises the submitters of Council’s resolution.

DEFERRAL MOTION MOVED: CR WHOOLEY

6.19pm – Cr Gearon left the room.

That the matter be deferred to seek advice from the Department of Water particularly in relation to having a non sewered area in that location.

LOST FOR WANT OF A SECONDER

6.20pm – Cr Gearon returned to the room.

THE ORIGINAL MOTION WAS PUT AND CARRIED UNANIMOUSLY: 9/0 Res: 120317

6.20pm – Cr Allen left the room.


29

8.1.3 PROPOSED COMMERCIAL ADDITIONS/ALTERATIONS (AUTOMATIC TELLER MACHINE) – NO. 2/27 (STRATA LOT 2/LOT 36) STRICKLAND STREET, DENMARK

File Ref: A2665 (2016/217)

Applicant / Proponent: Computertrans

Subject Land / Locality: No. 2/27 (Strata Lot 2/Lot 36) Strickland Street, Denmark


Date: 7 March 2017

Author: Jon Creedon, Senior Town Planner


Attachments: 8.1.3a – Development Application Documentation 8.1.3b – Site Photographs

Summary:

The applicant is seeking Development Approval for an Automatic Teller Machine at No. 2/27 (Strata Lot 2/Lot 36) Strickland Street, Denmark. Having regard to the objectives and provisions of Town Planning Scheme No. 3 (TPS No. 3) and Town Planning Scheme Policy No. 31: Commercial Strategy (Policy 31), it is recommended that Development Approval be granted subject to appropriate conditions.

Background: Current Application An application for Development Approval was lodged with Planning Services in January 2017 for an Automatic Teller Machine (ATM) - refer Attachment 8.1.3a for the development application documentation (noting that a construction management plan was required and has been subsequently provided given the fact that a building permit is not required for the works given there is no structural impact with the proposal on the existing building). The ATM would be built into the façade of an existing building at the Fig Tree Shopping Centre, replacing an existing window in a storeroom/stairwell and having a nil setback to the footpath.

The applicant’s reasons and justification for the ATM in this location are as follows:

Installation of the ATM within an existing window to a storeroom/stairwell will not require any structural alteration to the building, or hinder existing access to the staircase leading to the first floor.

In its proposed position, the ATM just meets the operator’s service clearance requirements with no possibility of pushing it further back into the room to create a sufficient front setback.

The verandah/footpath adjoining the proposed ATM location is wide enough to accommodate a person standing at the ATM accessing the services and leaves over 2 metres of clear passage for pedestrians.

Along Strickland Street there is a separate footpath at street level used by passing pedestrians, mostly leaving the lower footpath/verandah to be used only by those accessing the adjoining commercial buildings.

The applicant’s experience with ATM usage at similar locations is that, while not a regular occurrence, in the event of a queue, users generally tend to line-up along the building edge and not across the footpath.

Installing ATMs at shop-fronts with a nil front setback has become a standard practice, noting that most buildings were not and are still not designed to be retrofitted with ATMs.


30

ATMs are designed to fit through walls and shop-front glazing, and the convenience of having a readily accessible ATM outweighs the inconvenience, if any.

Consultation: The Officer has considered the requirement for consultation and/or engagement with persons or organisations that may be unduly affected by the proposal and considered Council’s Community Engagement Policy P040123 and the associated Framework, TPS No. 3 and Schedule 2, Part 8, Clause 64 of the Planning and Development (Local Planning Schemes) Regulations 2015 and undertook the following level of consultation: External Consultation:

Applicant

Internal Consultation

Development Co-ordination Unit

Statutory Obligations: TPS No. 3 and related Policy 31 specify the pertinent development requirements for the application. Should Council refuse this Development Application or impose conditions on a Development Approval that the applicant is aggrieved by, as per Part 14 of the Planning and Development Act 2005, the applicant can apply to the State Administrative Tribunal for a Right of Review. As per current Delegation D100601: Implementation of Town Planning Scheme, the Chief Executive Officer, Director of Planning & Sustainability and/or the Senior Town Planner only have the delegation to approve applications for ‘P’, ‘IP’ and ‘AA’ applications where the proposal complies with TPS No. 3 and Town Planning Scheme Policy provisions. In this instance the proposal does not comply with Policy 31 thus the development application is being referred to Council for determination. Policy Implications: Town Planning Scheme Policy No. 31: Commercial Strategy is relevant to this application. Schedule 2, Part 2, Clause 3(5) of the Planning and Development (Local Planning Schemes) Regulations 2015 states: In making a determination under this Scheme the local government must have due regard to each relevant local planning policy to the extent that the policy is consistent with this Scheme. Budget / Financial Implications: There are no known financial implications upon either the Council’s current Budget or Long Term Financial Plan. Strategic & Corporate Plan Implications: The report and officer recommendation is consistent with Council’s adopted Strategic Plan Objectives and Goals and the Corporate Business Plan Actions and Projects in the following specific ways: Strategic Community Plan Governance Objective: The Shire of Denmark provides renowned leadership in sustainability, is effective with both its consultation with its people and its management of its assets, and provides transparent and fiscally responsible decision making.


31

Governance Goal: Planning - That the Shire of Denmark work with other relevant authorities and agencies to develop and implement planning policies and decisions that not only reflect the wishes of the community, but also provide the region with appropriate development options. Corporate Business Plan 4.1.1 Ensure quality, consistent and responsive development and building assessment

approval processes and enforcement. Sustainability Implications: Governance: There are no known significant governance considerations relating to the report or officer recommendation. Environmental: There are no known significant environmental implications relating to the report or officer recommendation. Economic: There are no known significant economic implications relating to the report or officer recommendation. Social: There are no known significant social considerations relating to the report or officer recommendation. Risk:

Risk








The proponent may lodge an application for review to the State Administrative Tribunal if the Council’s decision was to refuse the proposal.

Possible (3) Minor (2) Moderate (5-9)

Failure to meet Statutory, Regulatory or Compliance Requirements

Accept Officer Recommendation as the decision is based on sound planning grounds. If a decision is made to refuse the application, Council is to provide sound reasoning to support solid defence at the State Administrative Tribunal should the applicant wish to pursue a Right of Review.

Comment/Conclusion: Planning Services have assessed the proposal having regard to TPS No. 3 and Policy 31 and the proposal complies with all relevant provisions with the exception of the following provision from Policy 31:

“Generally, all buildings, including corner sites, should be built to the footpath and cover the full width of the site. Bank teller machines should be set back sufficiently from the boundary to accommodate queues”


32

With regards to the boundary setback provision for bank teller machines, the intention behind this is to ensure that queues do not impede pedestrian traffic flow. In this instance the proposal is considered to have a minimal impact on pedestrian traffic and is acceptable for the following reasons:

The footpath adjoining the site is 3 metres wide and adjoins an access ramp, providing adequate space for a customer to use the ATM with at least 2 metres of space for passing pedestrians. The access ramp in turn accesses another footpath at street level (refer Attachment 8.1.3b).

It should be noted that the Denmark Bakery has approved alfresco/outdoor seating along the same footpath, and the space taken up by a customer accessing the proposed ATM is likely to be equal to or lesser than this existing alfresco/outdoor dining.

The applicant has advised that in their experience, general customer behaviour at ATMs is to queue along the side of buildings rather than block the footpath. It should also be noted that the Bankwest ATM on Strickland Street is setback sufficiently from the footpath, however generally customers tend not to queue within the property boundary along the side of the building but instead on the opposite site of the footpath to provide the customer using the ATM with personal space and privacy.

Customers queuing to use the proposed ATM would be likely to queue against the retaining wall on the opposite site of the footpath adjoining the access ramp to the upper section of footpath, maintaining a clear route for passing pedestrians.

Notwithstanding the above, it is considered that the likelihood of a queue substantial enough to impact pedestrian activity along the footpath is low.

The Shire’s Building Services have advised that there is no impact on disability access anticipated as a result of the proposed ATM in this location despite its proximity to the disabled access ramp into the adjoining Denmark Environment building. The Shire’s Infrastructure Services also have no objections to the proposed development.

Overall it is considered there is adequate space along the footpath to allow several persons to

queue without disrupting pedestrian movement, the ATM is appropriate in this location and

approval of the proposed ATM is not considered to set a precedent in this instance due to the

characteristics of the site and the immediate Strickland Street locality.

Having regard to the above, the characteristics of the site, as well as the intent and provisions of Policy 31 it is recommended that Development Approval be granted subject to appropriate conditions. Voting Requirements: Simple majority.

6.21pm – Cr Allen returned to the room.


33

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.1.3 MOVED: CR GEARON SECONDED: CR LEWIS

That with respect to the development application for the proposed Commercial Additions/Alterations (Automatic Teller Machine) at No. 2/27 (Strata Lot 2/Lot 36) Strickland Street, Denmark, Council resolves to grant Development Approval subject to the following:

Conditions 1. The development shall be carried out and fully implemented in accordance with the stamped

approved plan(s) dated 17 January 2017.

Advice Notes 1. Should any changes be proposed to the approved Construction Management Plan, please

liaise with the Shire’s Coordinator of Engineering Services on 9848 0322. 2. It is the responsibility of the applicant to ensure that building setbacks correspond with the

legal description of the land. This may necessitate re-surveying and re-pegging the site. The Shire of Denmark will take no responsibility for incorrectly located buildings/structures.

3. It is the responsibility of the applicant/owner to search the title of the property to ascertain the presence of any easements and/or restrictive covenants that may apply.


8.2 Director of Community & Regulatory Services Nil 8.3 Director of Infrastructure Services

Nil 8.4 Director of Finance & Administration

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 JANUARY 2017 File Ref: FIN.1

Applicant / Proponent: Not applicable

Subject Land / Locality: Denmark


Date: 8 March 2017

Author: Steve Broad, Accountant

Authorising Officer: Cary Green, Director of Finance & Administration

Attachments: 8.4.1 – January Monthly Financial Report

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 half yearly review. The attached financial statements and supporting information are presented for the consideration of Elected Members. Council staff welcome enquiries in regard 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;


34

Reconciliation of all bank accounts.

Reconciliation of the Rates Book, including outstanding debtors and the raising of interim rates.

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.

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 - Material Variances in Budget and Actual Expenditure, relates For the purposes of Local Government (Financial Management) Regulation 34 regarding levels of variances for financial reporting, Council adopt a variance of 10% or 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 $10,000.

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.

A second tier reporting approach shall be a variance of 10% or greater of the annual budget estimates to the end of the month to which the report refers for each General Ledger/Job Account

in the budget, as a level that requires an explanation, with a minimum dollar variance of $10,000.

Budget / Financial Implications: There are no significant trends or issues to be reported.

Strategic & Corporate Plan Implications: The report and officer recommendation is consistent with Council’s adopted Strategic Plan Objectives and Goals and the Corporate Business Plan Actions and Projects in the following specific ways:

Governance Objective: The Shire of Denmark provides renowned leadership in sustainability, is effective with both its consultation with its people and its management of its assets, and provides transparent and fiscally responsible decision making.

Sustainability Implications: Governance: There are no known significant governance considerations relating to the report or officer recommendation.


35

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

Risk

Risk Likelihood (based on

history and with existing controls)





Risk Action Plan (Controls or Treatment

proposed)

Not meeting Statutory

Compliance

Rare (1) Moderate (3) Low (1-4) Failure to meet Statutory,

Regulatory or Compliance

Requirements


Financial mismanageme

nt and/or Budget

overruns.

Rare (1) Moderate (3) Low (1-4) Inadequate Financial,

Accounting or Business Acumen

Control through robust systems with internal

controls and appropriate reporting

mechanisms

Comment/Conclusion: As at 31 January 2017 total cash funds held total $14,081,084 (Note 4). Shire Trust Funds total $188,136 with the amount of $176,734 invested for 180 days with the National Bank, maturing 16 June 2017 at the quoted rate of 2.60%. Reserve Funds (restricted) total $10,946,434 and $7,014,768 has been placed on investment for 30 days with the Western Australian Treasury Corporation at the quoted rate of 1.45% and $3,560,922 has been invested with the National Bank, maturing 25 February 2017 at the quoted rate of 2.55%. Municipal Funds (unrestricted) total $3,074,548 with the amount of $3,074,548 invested with the National Bank, maturing on various dates up to the 26 March 2017 at an average rate of 2.28% (refer note 4 for detail). Key Financial Indicators at a Glance The following comments and/or statements provide a brief summary of major financial/budget indicators and are included to assist in the interpretation and understanding of the attached Financial Statements.

Taking into consideration the adopted Municipal Budget and subsequent amendments identified, the estimated 30 June 2017 end of year position is estimated to be $1,846 as per budget projections (Statement of Financial Activity).

Operating revenue and expenditure is slightly higher than that predicted for 31 January 2017 (Statement of Financial Activity).


36

Rates Collection percentage of 88.12% is in keeping with historical collection rates (Note 6).

The 2016/17 Capital Works Program is 36.72% complete utilising actual year to date figures and total committed cost is 39.18% at 31 January 2017 (Note 12).

Various transfers to and from Reserve Funds have not yet been made for 2016/17 and are generally undertaken in the latter half of the financial year, depending on specific projects to which these transfers relate.

Salaries and Wages expenditure is in keeping with budget estimates (not reported specifically in Financial Statement).

Budget Amendments and Variances (Note 5 and 5a) As detailed in Note 5a. Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.1 MOVED: CR WRIGHT SECONDED: CR ALLEN

That with respect to Financial Statements for the month ending January 2017, Council; 1. Receive the Financial Reports, incorporating the Statement of Financial Activity and other

supporting documentation. 2. Endorse the Accounts for Payment for January 2017 as listed.


Cr Bartlett queried some amounts listed in the payment of accounts which referred to;

Emulsion and asked what it was a once off payment;

Vandalism and asked whether it was covered under insurance; and

Fees on debenture. The Director of Finance and Administration advised that he would take the questions on notice in order for him to provide more information.

8.4.2 CSRFF SMALL GRANTS – DENMARK RECREATION CENTRE SPORTS COURT CEILING FANS

File Ref: A3035

Applicant / Proponent: Shire of Denmark

Subject Land / Locality: Denmark Recreation Centre

Disclosure of Officer Interest: Author has family who are members of the Denmark Basketball Association, Denmark Netball Association & Denmark Gymnastics Club.

Date: 28 February 2017

Author: Damian Schwarzbach, Manager of Recreation & Youth Services

Authorising Officer: Cary Green, Director of Finance & Administration

Attachments: 8.4.2a – CSRFF Small Grant application 8.4.2b – Letter of Support from Denmark Gymnastics

Summary:

The Denmark Recreation Centre (DRC) is seeking to submit a Department of Sport and Recreation, Community Sport and Recreation Facilities Fund (CSRFF) small grants application for the 2017/18 grant funding round. The DRC has requested the supply and installation in the indoor sports court area of 2 (one in the centre each court) PFX2.0, 24 foot, 400-480 volt, 3 phase Fans.


37

The report recommends Council support the application. Background: CSRFF grants are made on the basis of one third DSR grant and two thirds group/local government/other funding sources and local applications compete with others from, not just the Great Southern region, but the whole of the state of Western Australia. Prior to the consideration of applications for funding assistance, the Department of Sport and Recreation (DSR) requires Local Governments to consider all of the funding applications from community groups within their area and to place a funding priority on each application. This project is the only application for the March 2017 round. In order to qualify for the current round of grant applications, these must be assessed for priority and supported by the Local Government and submitted to the DSR by the 31st March 2017.

Denmark Recreation Centre During the summer months the indoor sports court area becomes very hot and extremely uncomfortable for participation. This is most prevalent in the afternoon once the sun has been on the tin roof all day and this also corresponds with the highest participation time at the Centre after school. The most pressing concern for the Shire of Denmark came in the summer of 2015/16 when the Centre User group, the Denmark Basketball Association, cancelled afternoon coaching sessions and fixture competition games because of unsafe playing conditions due to the heat. It is important to note that even on mild sunny days that the Centre’s sports court area becomes notably warmer than the outside temperature due to the sun on the tin roof. The Centre currently has small extractor fans on each court and the ability to open side doors and a roller door to allow air flow, but due to the large expanse of a two court indoor arena this has minimal impact on the conditions. Emergency Evacuation Centre This is not part of the grant application but is an important consideration for Council. The DRC is a nominated evacuation centre for the Shire of Denmark. If in the event of an evacuation of residents to the Centre, the sports court area would be the largest space to house multiple displaced persons. As mentioned previously this space can become very uncomfortable in warm to hot conditions. The addition of these fans would provide a more comfortable environment for people already under stress through having to evacuate their family home. Consultation: The Officer has considered the requirement for consultation and/or engagement with persons or organisations that may be unduly affected by the proposal and considered Council’s Community Engagement Policy P040123 and the associated Framework and believes that no additional external/internal engagement or consultation is required. Organisations that have been consulted include:

Denmark Basketball Association

Denmark Gymnastics Club

Department of Sport & Recreation

Denmark High School Statutory Obligations:

There are no statutory obligations.


38

Policy Implications: Policy P110304 SUSTAINABILITY & COLLOCATION (SPORT & RECREATION FACILITIES) relates as follows; “Council will give priority support to facility development or redevelopment that shows capacity for collocating or the sharing of resources. Applicants must be community based organisations and incorporated under the WA Association Incorporations Act 1997. Council will require community based organisations seeking public funds of greater than $10,000 for developing new or refurbished current facilities to have a business plan appropriate to the size of their organisation. Council will contribute to a maximum of one-third (1/3) only of major facility development / redevelopment with a project cost greater than $50,000 to demonstrate the need for such development and their strategies to ensure that the development will be viable for at least the next 10 years or such period requested by Council.” The application is in accordance with this Policy. Budget / Financial Implications: If Council does support the application to the Department of Sport and Recreation then allowance will need to be made within Council’s 2017/18 Budget for their contribution.

Strategic & Corporate Plan Implications: The report and officer recommendation is consistent with Council’s adopted Strategic Plan Objectives and Goals and the Corporate Business Plan actions and projects in the following specific ways: Strategic Community Plan

Recreation: ...monitor all forms of recreational and cultural facilities and services, and take careful account of the level of community support for those in determining the improvements or new facilities to be supported together with their relative contribution to personal and community well-being.

SOCIAL OBJECTIVE - Denmark's communities, people and places are connected and creative, vibrant and dynamic, healthy and safe.

Youth: ...encourage opportunities, employment and facilities for young people, and aims to involve them in decisions made within the community.

Funding: ...be fiscally responsible and seek to develop both safe income generating assets and the maximisation of external funding.

Governance Objective: The Shire of Denmark provides renowned leadership in sustainability, is effective with both its consultation with its people and its management of its assets, and provides transparent and fiscally responsible decision making.

Corporate Business Plan

1.10.27 Provide grant and funding assistance to community groups and clubs, and assist with coordinating their promotion.


39

Sustainability Implications: Governance: There are no known significant governance considerations relating to the report or officer recommendation.

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

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

> Social: The DRC has close to 40,000 attendances per annum and the provision of a comfortable and accommodating facility to encourage physical activity and social interaction is important.

Council has recognised the significant community value of organised competitive sport and less formal passive and active recreational activities. The positive social interaction between members, as well as the health benefits derived from the physical exercise of active participation in sport and recreation result in a sense of personal well-being / good health in each member and, collectively, within the community.

Risk:

Risk








That the DRC are unsuccessful with

their CSRFF Application Possible (3) Moderate (3)

Moderate (5-9)

Not Meeting Community

expectations Accept Officer

Recommendation

Comment/Conclusion: The Manager of Recreation and Youth Services was informed that the Denmark High School had recently installed some big fans inside their sports court gymnasium and it has made a notable improvement to the conditions inside allowing physical education and participation to continue during the warmer weather when in the past they had cancelled programmed classes due to the extreme heat.

The Manager of Recreation and Youth Services visited the Denmark High School’s gym on a number of hot days and the notable difference in thermal conditions compared to the Recreation Centre was clear.

The MR&YS contacted the User Groups of the Centre and they were all supportive of the concept. The MR&YS then approached local electrical contractors to gauge their views and one in particular had been installing these around the State for the Department of Education at school facilities and feedback they were receiving was positive.

The installation of these fans will assist Council in increasing participation by:

The reduction of oppressive playing conditions in the Recreation Centre sports court area will allow participants to enjoy their activity. The Recreation Centre, Denmark Gymnastics Club and Denmark Basketball Association have both noted a reduction in playing numbers during hot periods either resulting in teams forfeiting or playing with reduced numbers. The ability to reduce the heat in the court area will improve the participation in activities


40

as it will be more accommodating wise in terms of the playing conditions therefore leading to enjoyment and regular attendance.

An improvement in occupant comfort will alleviate the need to cancel whole rounds of fixtures resulting in participation all year round.

Some of the Recreation Centre’s fitness classes are conducted in the sports court area either due to the size of the class or the particular activity they are doing. Participant feedback has indicated non attendance during the warmer months due to the uncomfortable conditions experienced. The installation of the fans would improve these conditions and conceivably lead to increased participation for the community. Some of these participants are mothers who only participate in these classes so it is vitally important to provide them with opportunities all year round to stay physically active.

The total cost of the project is $28,061 which includes supply and installation of the fans and all electrical work plus allows 10% for contingency.

Council’s contribution will be $18,707, and the Department of Sport & Recreation granting $9,353.

The application will need to be lodged with DSR by the end of March 2017, and Council will be notified by the end of May 2017, if they are successful in obtaining the funding. Funding will be available for work to commence on July 1st 2017.

Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.2 MOVED: CR ALLEN SECONDED: CR GEARON

That with respect to the Community Sport and Recreation Facilities Fund Small Grant Round, the Department of Sport and Recreation be advised that; 1. Council supports the application from the Denmark Recreation Centre; and

2. The Denmark Recreation Centre Sports Court Ceiling Fans application is the only application for this round.


8.4.3 ADOPTION OF 2016/17 MID-YEAR BUDGET REVIEW

File Ref: FIN.9

Applicant / Proponent: Not applicable

Subject Land / Locality: Not applicable


Date: 10 March 2017

Author: Cary Green, Director of Finance and Administration

Authorising Officer: Bill Parker, Chief Executive Officer

Attachments: 8.4.3 - 2016/17 Statement of Budget Review

Summary: To consider and adopt the mid-year Budget Review as presented in the attached Statement of Budget Review for the period 1 July 2016 to 28 February 2017.

Background: Council adopted its 2016/2017 Municipal Budget at its meeting held 26 July 2016. It is now appropriate that a review of the Budget be put before Council for consideration and indeed this is required by Legislation.

A summary of the recommended changes is included within this Report.


41

Consultation: Direct consultation has occurred with the Chief Executive Officer and all Directors with input from Managers.

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

Regulation 33A. Review of budget

(1) Between 1 January and 31 March in each financial year a local government is to carry out a review of its annual budget for that year.

(2A) The review of an annual budget for a financial year must — a) consider the local government’s financial performance in the period beginning on 1 July

and ending no earlier than 31 December in that financial year; and b) consider the local government’s financial position as at the date of the review; and c) review the outcomes for the end of that financial year that are forecast in the budget.

(2) Within 30 days after a review of the annual budget of a local government is carried out it is to be submitted to the council.

(3) A council is to consider a review submitted to it and is to determine* whether or not to adopt the review, any parts of the review or any recommendations made in the review. *Absolute majority required.

(4) Within 30 days after a council has made a determination, a copy of the review and determination is to be provided to the Department.

Policy Implications: There are no policy implications.

Budget / Financial Implications: The 2016/17 adopted Municipal Budget provided for a small estimated end of year surplus of $2,452. Subsequent budget amendments approved by Council after adoption, have resulted in an estimated end of year surplus of $1,846.

The attached mid-year budget review proposes for the end of year financial position to be a balanced budget.

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

Sustainability Implications: Governance: As detailed under Statutory Obligations.

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.


42

Risk:

Risk

Risk Likelihood (based on history and with existing

controls) Risk Impact / Consequence

Risk Rating

(Prior to Treatment or Control)


Risk Action Plan (Controls or

Treatment proposed)

Not meeting Statutory

Compliance

Rare (1) Moderate (3) Low (1-4) Failure to meet Statutory,

Regulatory or Compliance

Requirements

Consider Budget Review and accept

Officer Recommendation or

alternate Council Resolution

Financial mismanagement and/or Budget

overruns.

Rare (1) Moderate (3) Low (1-4) Inadequate Financial,

Accounting or Business Acumen


Comment/Conclusion: The Budget review has been prepared to include information required by the Local Government Act 1995, Local Government (Financial Management) Regulations 1996 and Australian Accounting Standards. Council adopted a variance of 10% or 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 $10,000.

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 figure is to be used in the Statements of Financial Activity the Annual Budget Review which is to be undertaken after the first eight months of the financial year to assess how the Budget has progressed and to estimate the end of the financial year position.

The recommendation is for Council to adopt the mid-year Budget Review, which contains 232 amendments and proposes for the end of year financial position to be a balanced budget.

Voting Requirements: Absolute majority.

COUNCIL RESOLUTION ITEM 8.4.3 MOVED: CR CARON SECONDED: CR LEWIS

Cr Phillips and Cr Bartlett declared a financial interest in the motion on the basis that they are members of the Walpole Visitor Centre.

6.38pm – Cr Phillips and Cr Bartlett left the room and did not participate in debate or vote on the motion.

That Council adopt the 2016/17 mid-year Budget Review, including endorsement of proposed amendments to the 2016/17 Municipal Budget as detailed in the attached Statement of Budget Review, subject to the removal of GL 1328752 (Contribution to Walpole Visitor Centre).

LOST: 4/3 Res: 160317 Pursuant to Resolution No.031115 all Councillors’ votes on the above resolution are recorded as follows;

FOR: Cr Caron, Cr Lewis and Cr Morrell.

AGAINST: Cr Gearon, Cr Wright, Cr Allen and Cr Whooley.


43

6.43pm – Cr Phillips and Cr Bartlett returned to the room.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.3 MOVED: CR GEARON SECONDED: CR WRIGHT

That Council adopt the 2016/17 mid-year Budget Review, including endorsement of proposed amendments to the 2016/17 Municipal Budget as detailed in the attached Statement of Budget Review, and resulting in a projected end of year position to be a balanced budget.

CARRIED UNANIMOUSLY AND BY AN ABSOLUTE MAJORITY: 9/0 Res: 170317

6.47pm – The Chief Executive Officer left the room.

8.5 Chief Executive Officer

Nil 9. COMMITTEE REPORTS & RECOMMENDATIONS

Nil 10. MATTERS BEHIND CLOSED DOORS

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 10 MOVED: CR GEARON SECONDED: CR ALLEN

That pursuant to Section 5.23 (2) (a) of the Local Government Act 1995 and Clause 3.7 of the Shire of Denmark Standing Orders Local Law, Council move behind closed doors for the consideration of Item 10.1 to consider a matter affecting an employee.


6.49pm – Cr Lewis left the room. 6.49pm – Cr Phillips left the room. 6.50pm – Cr Lewis returned to the room. 6.50pm – Cr Phillips returned to the room. The Director of Planning & Sustainability, the Director of Community & Regulatory Services, the Director of Infrastructure Services and members of the public and press left the room.

10.1 CHIEF EXECUTIVE OFFICER PROBATIONARY REVIEW

File Ref: Personnel File

Applicant / Proponent: Nil

Subject Land / Locality: Nil

Disclosure of Officer Interest: No

Date: 3 March 2017

Author: Cary Green, Director Finance and Administration

Authorising Officer: Cary Green, Director Finance and Administration

Attachments: Nil

The report for this item was confidential and was provided to Councillors under separate confidential cover.


44

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 10.1 MOVED: CR GEARON SECONDED: CR ALLEN

That with respect to the Employment Contract between Council and Mr Bill Parker, Council; 1. Confirm they are satisfied with the Chief Executive Officer’s performance and approve his

permanent employment status to 21 August 2021. 2. Approve the request to vary the individual component amounts of the salary package, as

detailed in the Officer’s Report.


COUNCIL RESOLUTION MOVED: CR GEARON SECONDED: CR LEWIS

That Council come out from behind closed doors and proceed in public.


6.55pm – The Director of Planning & Sustainability, the Chief Executive Officer and members of the public returned to the room. The Shire President read out the Resolution. 11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING

Nil 12. CLOSURE OF MEETING 6.56pm – There being no further business to discuss the Shire President, Cr Morrell, declared the meeting closed.

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

Bill Parker – Chief Executive Officer

Date: ________________________________ These minutes were confirmed at a meeting on the ____________________________________. Signed: _____________________________________________ (Presiding Person at the meeting at which the minutes were confirmed.)

Documents

ORDINARY MEETING OF COUNCIL - Shire of Denmark · 2018. 6. 20. · industry standard guidelines for bridge design – i.e. Main Roads WA and Austroads. Our assessment was based on