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SHIRE of DENMARK

ORDINARY MEETING OF COUNCIL

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

ON TUESDAY, 5 JULY 2016.

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 MR JOHN SCHINDLER – OFFER ST TO BUCKLEY ST FOOTPATH 4

4.2 PUBLIC QUESTIONS 4

4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 6

4.3.1 CR LEWIS – ERADICATION AND/OR CONTROL OF WEEDS IN PUBLIC PLACES 6

4.4 PRESENTATION, DEPUTATIONS & PETITIONS 7

5. APPLICATIONS FOR LEAVE OF ABSENCE 7

6. CONFIRMATION OF MINUTES & NOTES 7 6.1 ORDINARY COUNCIL MEETING – 14 JUNE 2016 7 6.2 STRATEGIC BRIEFING NOTES – 14 JUNE 2016 7

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

8. REPORTS OF OFFICERS 7 8.1 DIRECTOR OF PLANNING & SUSTAINABILITY - Nil 7 8.2 DIRECTOR OF COMMUNITY & REGULATORY SERVICES - Nil 7

8.3 DIRECTOR OF INFRASTRUCTURE SERVICES - Nil 7

8.4 DIRECTOR OF FINANCE & ADMINISTRATION 8

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MAY 2016 8

8.5 CHIEF EXECUTIVE OFFICER 11

8.5.1 CORPORATE BUSINESS PLAN 11

9. COMMITTEE REPORTS & RECOMMENDATIONS 17

9.1 BUSH FIRE ADVISORY COMMITTEE - CHANGES TO RESTRICTED AND PROHIBITED BURNING TIME DATES

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9.2 BUSH FIRE ADVISORY COMMITTEE - FIRE CONTROL OFFICER & FIRE WEATHER OFFICER APPOINTMENTS FOR 2016/2017

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9.3 BUSH FIRE ADVISORY COMMITTEE – REVIEW OF FIRE REGULATION NOTICE 27

10. MATTERS BEHIND CLOSED DOORS 30

11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 31

11.1 DENMARK TOURISM INC. – 2016/17 BUDGET 31

12. CLOSURE 35

Ordinary Meeting of Council 5 July 2016

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Ordinary Council Meeting

5 July 2016

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 Deputy Shire President, Cr Gillies, declared the meeting open.

Cr Gillies stated that she was honoured to be on the ancestral lands of the Bibbulman and Minang people. Cr Gillies’ acknowledged the First Australians as the traditional custodians of the continent, whose cultures are among the oldest living cultures in human history. Cr Gillies’ paid respect to the elders of the community and extended her recognition to their descendants who are present in this wider Noongar country region.

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

MEMBERS: Cr Kelli Gillies (Deputy Shire President) Cr Mark Allen Cr Yasmin Bartlett Cr Peter Caron Cr Ceinwen Gearon Cr Jan Lewis Cr Roger Seeney Cr Rob Whooley STAFF: Mr Cliff Frewing (Chief Executive Officer) Mr Gilbert Arlandoo (Director of Infrastructure Services) (from 4.15pm)

Mr Kim Dolzadelli (Director of Finance & Administration) Mr Gregg Harwood (Director of Community & Regulatory Services) (from 4.05pm) Ms Claire Thompson (Executive Assistant) APOLOGIES: Mrs Annette Harbron (Director of Planning & Sustainability) ON APPROVED LEAVE(S) OF ABSENCE: Cr David Morrell (Shire President) (pursuant to Council Resolution No. 010416) ABSENT: Nil VISITORS: Members of the public in attendance at the commencement of the meeting: 13 Members of the press in attendance at the commencement of the meeting: Nil DECLARATIONS OF INTEREST:

Name Item No Interest Nature

Mr Dolzadelli 11.1 Impartiality The Chief Executive Officer of Denmark Tourism Inc. is Mr Dolzadelli’s partner.

Cr Bartlett 11.1 Financial Cr Bartlett is a member of the Denmark Tourism Inc.

Cr Bartlett declared a financial interest in that she was a member of the Denmark Tourism Inc. and felt that she had an interest in common with other members. Cr Bartlett requested that Council consider her request to remain in the room pursuant to section 5.68 (1) (a) (ii) (II) of the Local Government Act 1995.


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COUNCIL RESOLUTION MOVED: CR LEWIS SECONDED: CR CARON

That Council agree that Cr Bartlett’s declared interest is common to a significant number of electors or ratepayers and permit Cr Bartlett to remain in the room during discussion and voting on Item 11.1.

CARRIED UNANIMOUSLY: 8/0 Res: 010716

3. ANNOUNCEMENTS BY THE PERSON PRESIDING

Nil

4. PUBLIC QUESTION TIME

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

4.1.1 Mr John Schindler At the meeting held on Tuesday, 14 June 2016, Mr Schindler asked a question which was taken on notice and responded to in writing. A copy of the response is provided below. “Question 1 - Mr Schindler asked whether the newly sealed footpath between Offer Street and Buckley Street was a carpark or a footpath and why it had been moved up the kerb of a busy road. Response: The sealed portion is a footpath. The footpath has not been moved but only widened to allow for dual use, where possible. It is not uncommon to have footpaths next to the road in Denmark, including along Ocean Beach Road.”

4.2 PUBLIC QUESTIONS In accordance with Section 5.24 of the Local Government Act 1995, Council conducts

a public question time to enable members of the public to address Council or ask questions of Council. The procedure for public question time can be found on the wall near the entrance to the Council Chambers or can be downloaded from our website at http://www.denmark.wa.gov.au/council-meetings.

Questions from the public are invited and welcomed at this point of the Agenda. In accordance with clause 3.2 (2) & (3) of the Shire of Denmark Standing Orders Local

Law, a second Public Question Time will be held, if required and the meeting is not concluded prior, at approximately 6.00pm.

Questions from the Public

4.2.1 Ms Yvonne Bruce – Item 9.1 (Bush Fire Advisory Committee – Change to Restricted and Prohibited Burning Times Dates) Ms Bruce, Secretary of the Kordabup / Owingup Fire Brigade Sub-Committee, expressed their Brigade’s concerns about the proposed changes to the burning times, which they had previously outlined in an open letter to the Council. Ms Bruce stated that the change would add an extra month to the fire season and would increase workloads for Fire Control Officers with respect to having to issue permits. Ms Bruce stated that she believed in maintaining flexibility and that they did not believe that there had been adequate

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consultation on the matter. Ms Bruce raised concerns about new adequate water rules and attendance at any permit burn 24/7 until the fire is out, extinguished, or the permit is ended or extended which she believed was an added burden on Fire Control Officers.

4.2.2 Ms Wendy Edgely – Item 8.5.1 (Draft Corporate Business Plan) Ms Edgely spoke on behalf of the Denmark Aquatic Centre Committee Inc. stating that they had provided a submission in relation to the draft Corporate Business Plan. Ms Edgely stated that she could not see any justification for excluding an Aquatic Centre from the Council’s future planning given the recognised community need. Ms Edgely acknowledged that at the present time it may not be financially viable but that was no excuse to delay planning for when circumstances may change. Ms Edgely urged Council to consider including an additional objective in the Corporate Business Plan relating to reviewing, developing and maintaining options, including a staged approach, for the establishment of a comprehensive heated indoor Aquatic Centre.

4.2.3 Mr Ross McDougall – Item 9.1 (Bush Fire Advisory Committee – Change to Restricted and Prohibited Burning Times Dates) & Item 9.2 (Bush Fire Advisory Committee – Fire Control Officer & Fire Weather Officer Appointments for 2016/17) Mr McDougall, the current Chief Bush Fire Control Officer, referred to the open letter provided by the Sub-Committee of the Kordabup/Owingup Fire Brigade and refuted some of the comments therein. Mr McDougall stated that the extension was a period of three weeks which would align the Shire of Denmark with neighbouring local government areas and that he didn’t believe it would be too much extra work for Fire Control Officers. Mr McDougall referred to references regarding new adequate water rules stating that this wasn’t new and had always been a requirement of issuing a permit. Mr McDougall stated that the recommendation to appoint himself the former Chief Bush Fire Control Officer as an additional Fire Control Officer, after stepping down as the Chief Bush Fire Control Officer, was to help reduce the burden on current Chief & Deputy Bush Fire Control Officers. Mr McDougall stated that this would not alter the existing command structure.

Councillors asked a number of questions which were responded to by Mr McDougall.

4.15pm – The Director of Infrastructure Services entered the room.

4.2.4 Mr Matt Candy – Condition of McLean Park Oval Mr Candy asked the Deputy Shire President if she could read out a letter which had been sent in from the Denmark Walpole Football Club which outlined a number of issues they had with the condition of the McLean Park Oval. Cr Gillies read out the letter.

Mr Candy, Head Coach of the Denmark Walpole Football Club, reiterated concerns contained in the letter over the current condition of the McLean Park Oval stating that drainage was inadequate making the oval unusable. Mr Candy stated that his main concern was the players’ safety and he had made a decision to discontinue use of the oval due to injury concerns. Mr Candy stated that he would like to see Council set in place a plan which could take into consideration the long term and regular use of the facility by the football club, soccer club and other users and suggested that perhaps with a growing population Council may need to consider an additional oval in the future to provide sufficient playing surfaces for sporting clubs. Mr Candy asked whether Council could consider reducing the season fees that they pay for using the

CORRECTION TO MINUTES.

Pursuant to Council

Resolution No. 140716


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oval, given that they can’t use it, and waiving or reducing the hire fees for the Recreation Centre where they now had to train. Councillors asked a number of questions which were responded to by Mr Candy. The Deputy Shire President stated that she would take the letter on notice and it would be responded to in writing.

4.2.5 Mr Brian Humphries – Item 9.3 (Bush Fire Advisory Committee – Review

of Fire Regulation Notice) Mr Humphries referred to the background section of the report and wished to clarify that his concern was that, whilst the Fire Regulation Notice looked after a number of zones there were areas within those zones which had their own fire hazard reduction measures that had been made under the Planning & Development Act and therefore did not come under the Bush Fires Act. Mr Humphries that advice had been received from the previous Minister for Police and Emergency Services that fire hazard reduction measures that had been made under the Planning & Development Act overrode any requirement made under the Bush Fires Act. Mr Humphries also referred to the Strategic Notes which mentioned a potential briefing on fire matters. Mr Humphries asked whether this could be attended by members of the public and if not, why not. Mr Humphries noted that the Shire President had previously made a public commitment that he would embrace open and transparent consultation with the public. The Deputy Shire President stated that Council could consider Mr Humphries request to open the Briefing up to members of the public for that item however members of the public did not generally attend Council’s Strategic Briefing Forums.

4.2.6 Mr Ray Wyle – Denmark East Development Project Mr Wyle stated that he had noticed some survey pegs had been placed on the Kwoorabup Trail and stated that he hoped Council weren’t considering putting the road alignment through the Trail. The Chief Executive Officer responded stating that surveyors had been appointed to collect information for Council’s determination on the most suitable location and that the placement of the pegs did not mean that the road would be in that location.

4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN

4.3.1 Cr Lewis – Eradication and/or Control of Weeds in Public Places

At the meeting held on 14 June 2016, Cr Lewis asked the following questions which were taken on notice. Cr Lewis stated that it had been noticed that there had been some spraying undertaken near the former Infant Health Clinic and asked who had done it and what had been used. Response: The Chief Executive Officer advises that he has been informed that neither Denmark Arts nor Council Officers conducted the spraying. Council’s


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Parks and Gardens Supervisor advised that he did spray the area last year in Summer but has not sprayed the area since.

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. Nil.

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

6. CONFIRMATION OF MINUTES

6.1 ORDINARY COUNCIL MEETING

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 6.1 MOVED: CR SEENEY SECONDED: CR LEWIS

That the minutes of the Ordinary Meeting of Council held on the 14 June 2016 be confirmed as a true and correct record of the proceedings.


6.2 STRATEGIC BRIEFING NOTES

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 6.2 MOVED: CR SEENEY SECONDED: CR BARTLETT

That the minutes of the Notes from the Strategic Briefing held on Tuesday, 14 June 2016 be received.


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

Nil 8. REPORTS OF OFFICERS 8.1 Director of Planning & Sustainability

Nil 8.2 Director of Community & Regulatory Services

Nil 8.3 Director of Infrastructure Services

Nil

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8.4 Director of Finance & Administration

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MAY 2016 File Ref: FIN.1

Applicant / Proponent: Not applicable

Subject Land / Locality: Denmark

Disclosure of Officer Interest: Nil

Date: 21 June May 2016

Author: Steve Broad, Accountant

Authorising Officer: Kim Dolzadelli, Director of Finance And Administration

Attachments: 8.4.1 – May 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;

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.


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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 Implications: The report and officer recommendation is consistent with Council’s adopted Mission and Vision and assists achieve the following specific adopted Strategic Objectives and Goals. 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. 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 Impact / Consequence

Risk Rating

(Prior to Treatment or Control)

Principal Risk Theme

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

Accept Officer Recommendation

Financial mismanagement

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


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Comment/Conclusion: As at 31 May 2016 total cash funds held total $6,974,606 (Note4). Shire Trust Funds total $183,088 with the amount of $171,874 invested for 183 days with the National Bank, maturing 18 June 2016 at the quoted rate of 2.80%. Reserve Funds total $3,542,557 and have been placed on investment for 30 days with the National Bank, maturing 30 June 2016 at the quoted rate of 2.10%. Municipal Funds total $3,248,961 with the amount of $1,787,143 invested with the National Bank, maturing on various dates up to the 30 June 2016 at an average rate of 2.39% (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 2016 end of year position is estimated to be $31,022 as per budget projections (Note 5).

Operating revenue and expenditure is slightly higher than that predicted for 31 May 2016 (Statement of Financial Activity).

Rates Collection percentage of 95.30% is in keeping with historical collection rates (Note 6).

The 2015/16 Capital Works Program is 43.33% complete utilising actual year to date figures and total committed cost is 48.84% at 31 May 2016 (Note 12).

All transfers to and from Reserve Funds have been completed for 2015/16 (Note 7).

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

4.55pm – The Director of Community & Regulatory Services left the room. 4.56pm – The Director of Community & Regulatory Services returned to the room.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.1 MOVED: CR BARTLETT SECONDED: CR CARON

That with respect to Financial Statements for the month ending May 2016, Council; 1. Receive the Financial Reports, incorporating the Statement of Financial Activity and other

supporting documentation. 2. Endorse the Accounts for Payment for May 2016 as listed.



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8.5 Chief Executive Officer

8.5.1 CORPORATE BUSINESS PLAN

File Ref: ADMIN.13


Subject Land / Locality: Not applicable


Date: 22 June 2016

Author: Teiga Murray, Administration Officer

Authorising Officer: Cliff Frewing, Chief Executive Officer

Attachments: 8.5.1 – Draft Corporate Business Plan

Summary: The purpose of this report is to consider the submissions received following the advertising of the draft Corporate Business Plan and thereafter adopt the amended Plan shown as Attachment 8.5.1 as the final Plan (which is subject to annual review).

Background: The draft Corporate Business Plan was presented to Council and adopted for community comment at the Ordinary Meeting held 22 March 2016 (Resolution No. 290316).

In order to fulfil the statutory obligations of section 5.56 of the Local Government Act 1995, the Local Government (Administration) Regulations 1996 require each Local Government to adopt a Strategic Community Plan and Corporate Business Plan as part of a ‘Plan for the Future’. These Plans are part of an overall framework designed to integrate the major planning and reporting of Council activities at a corporate level.

The Integrated Planning and Reporting Framework and Guidelines have been developed as part of the State Government's Local Government Reform Program to assist Local Governments establish local priorities that are linked to operational functions. The Framework and Guidelines reflect a nationally consistent approach to integrated planning as expressed by the Council of Australian Governments' Local Government Planning Ministers' Council.

Source: Integrated Planning and Reporting (IPR) - Framework and Guidelines


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The Framework:

Recognises that planning for a local government is holistic in nature and driven by the community;

Builds organisational and resource capability to meet community needs;

Optimises success by understanding the integration and interdependencies between the components; and

Emphasises performance monitoring so that local governments can adapt and respond to changes in community needs and the business environment.

Successful integrated planning and reporting processes deliver the following outcomes:

A Strategic Community Plan that clearly links the community's aspirations with the Council's vision and long term strategy;

A Corporate Business Plan that integrates resourcing plans and specific council plans with the Strategic Community Plan; and

A clearly stated vision for the future viability of the local government area.

Source: Integrated Planning and Reporting (IPR) - Framework and Guidelines

Three major parties are involved in the development of an integrated plan:

The Local Government Administration;

The Council; and

The Community.


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Each party have unique roles and responsibilities that enable effective and sustainable integrated planning and reporting.

Consultation: The draft Corporate Business Plan was first provided to Councillors on 22 February 2016 to gather initial feedback on the content and layout of the document before being further considered at the Strategic Briefing Forum held on 1 March 2016. At the Ordinary Meeting held 22 March 2016 Council approved the draft Corporate Business Plan for advertising and invited submissions from members of the public. The advertising and notice of the draft Corporate Business Plan occurred as follows:

Notice placed on the Shire’s website on Thursday 24 March 2016;

Notice placed on Shire noticeboards at the Library and Administration Office on Thursday 24 March 2016;

Notice placed on the Shire’s Facebook page on Thursday 24 March 2016 and reminder notice placed on Tuesday 10 May 2016;

Email inviting comment sent to 106 Community Groups on Tuesday 29 March 2016;

Letter inviting comment sent to 29 Community Groups on Tuesday 29 March 2016; and

Notice placed in two editions of the Denmark Bulletin on Thursday 31 March 2016 and Thursday 28 April 2016.

The community consultation period concluded on Friday 13 May 2016 with a total of four submissions received from the following community groups and organisations:

Denmark Aquatic Centre Committee Inc. (DACCI) – need and benefit of an aquatic facility;

Denmark Chamber of Commerce – numerous comments and proposals;

Denmark Gymnastics – need to expand Recreation Centre to accommodate gymnastics facility; and

Gumnut Corner – Denmark Occasional Day Care Centre – need to develop position on childhood education & care.

The submissions were reviewed and considered by the Chief Executive Officer and Directors at the 1 June 2016 Executive Meeting and Councillors at the 14 June 2016 Strategic Briefing Forum. As a result of the submissions received changes have been made to the draft Corporate Business Plan as follows:

Submitter Strategic initiative

Action / Project added to Plan

Denmark Aquatic Centre Committee Inc. (DACCI);

1.10.22

Review and develop a revised conceptual Master Plan for the McLean Oval Precinct

Denmark Gymnastics As above As above

Denmark Chamber of Commerce

4.4.7

The Shire liaises with the Chamber of Commerce to establish areas where the two organisations can effectively work together to achieve mutually beneficial outcomes

Gumnut Corner – Denmark Occasional Day Care Centre

1.3.3

Review the Shires involvement in early childhood education & care including use of Shire facilities for such services whilst continuing to support “A Smart Start’ and ‘Better Beginnings’ early childhood education programs through the Library


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Other changes in the form of improvements that were highlighted by Councillors and Executive staff have been incorporated into the draft Corporate Business Plan in order to clarify, consolidate and remove duplication across the strategic actions and projects. The amended plan is now provided for Council’s final adoption. Statutory Obligations: The requirements for preparation, consideration, consultation and advertising of a Corporate Business Plan are detailed in the Local Government Act 1995. Further guidance on the achievement of best practice standards is outlined within the Department of Local Government and Communities Integrated Planning and Reporting Framework and Advisory Standards and website. Extract Local Government Act 1995

5.56. Planning for the future

(1) A local government is to plan for the future of the district.

(2) A local government is to ensure that plans made under subsection (1) are in accordance

with any regulations made about planning for the future of the district. The Local Government Administration Regulations 1996 state:

19DA. Corporate business plans, requirements for (Act s. 5.56)

(1) A local government is to ensure that a corporate business plan is made for its district in

accordance with this regulation in respect of each financial year after the financial year ending

30 June 2013.

(2) A corporate business plan for a district is to cover the period specified in the plan, which

is to be at least 4 financial years.

(3) A corporate business plan for a district is to —

(a) set out, consistently with any relevant priorities set out in the strategic community plan

for the district, a local government’s priorities for dealing with the objectives and

aspirations of the community in the district; and

(b) govern a local government’s internal business planning by expressing a local

government’s priorities by reference to operations that are within the capacity of the local

government’s resources; and

(c) develop and integrate matters relating to resources, including asset management,

workforce planning and long-term financial planning.

(4) A local government is to review the current corporate business plan for its district every

year.

(5) A local government may modify a corporate business plan, including extending the period

the plan is made in respect of and modifying the plan if required because of modification of the

local government’s strategic community plan.

(6) A council is to consider a corporate business plan, or modifications of such a plan,

submitted to it and is to determine* whether or not to adopt the plan or the modifications.

*Absolute majority required.

(7) If a corporate business plan is, or modifications of a corporate business plan are, adopted

by the council, the plan or modified plan applies to the district for the period specified in the plan.


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Policy Implications: There are no policy implications as the development of a Corporate Business Plan is a legislative requirement. Budget / Financial Implications: On adoption of the Plan the necessary funds contained for projects listed for 2016/17 will need to be provided in the 2016/17 Budget. Funding for projects and activities listed for future years will also need to be accounted for in the Long Term Financial Plan. Strategic Implications: The report and officer recommendation are consistent with the Local Government (Administration) Regulations 1996 and the Department of Local Government and Communities’ Advisory Standard. 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

Risk Likelihood (based on history and

with existing controls)

Risk Impact / Consequence

Risk Rating (Prior to

Treatment or Control)



That Council choose not to

adopt the Corporate

Business Plan, resulting in non-compliance with

the Local Government Act’s ‘Planning for the

future’ legislation. Unlikely (2) Moderate (3) Moderate (5-9)

Failure to meet Statutory, Regulatory or Compliance

Requirements Accept Officer

Recommendation

Comment/Conclusion: The Shire of Denmark’s Corporate Business Plan 2016-2020 is a key component of the Shire’s Integrated Planning and Reporting Framework that outlines the implementation of Council’s Strategic Community Plan ‘Denmark 2031’.

The Corporate Business Plan seeks to activate ‘Denmark 2031’ and incorporate operations identified as major actions and projects related to the goals contained in the Strategic Community


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Plan. These major actions and projects are included in the Corporate Business Plan over the four year period commencing July 2016. This plan guides action on prioritised strategies to achieve the Shire’s vision, whilst delivering improved services and outcomes for the Shire of Denmark. Copies of the Plan when adopted will be made available for public interest both online and in hardcopy.

Voting Requirements: Absolute majority.

OFFICER RECOMMENDATION ITEM 8.5.1

With respect to the Shire of Denmark Corporate Business Plan, Council; 1. Adopt the Corporate Business Plan (as attached) for the period 2016/17 to 2019/20; Council note that : 2. The authors of the submissions received will be thanked for their contribution and

responded to individually; and 3. The Corporate Business Plan is required to be reviewed each year and that the review

process will commence in early 2017.

COUNCIL RESOLUTION ITEM 8.5.1 MOVED: CR WHOOLEY SECONDED: CR ALLEN

With respect to the Shire of Denmark Corporate Business Plan, Council; 1. Adopt the Corporate Business Plan (as attached) for the period 2016/17 to 2019/20 with

the addition of the following objective; “Review, develop and maintain options, including a staged approach, for the establishment of a comprehensive heated indoor Aquatic Centre, within the McLean Park Sporting Precinct.”

Council note that: 2. The authors of the submissions received will be thanked for their contribution and

responded to individually; and 3. The Corporate Business Plan is required to be reviewed each year and that the review

process will commence in early 2017.

CARRIED BY AN ABSOLUTE MAJORITY: 7/1 Res: 050716 Pursuant to Resolution No.031115 all Councillors’ votes on the above resolution are recorded as follows;

FOR: Cr Gearon, Cr Whooley, Cr Gillies, Cr Lewis, Cr Caron, Cr Bartlett & Cr Allen.

AGAINST: Cr Seeney.

REASONS FOR CHANGE Council added a new objective in relation to an Aquatic Centre so that Council’s intention to plan for such a facility was recorded in an adopted strategic document.


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9. COMMITTEE REPORTS & RECOMMENDATIONS

9.1 BUSH FIRE ADVISORY COMMITTEE - CHANGES TO RESTRICTED AND PROHIBITED BURNING TIME DATES

File Ref: FIRE.1


Subject Land / Locality: Shire of Denmark


Date: 22 June 2016

Author: Marcus Owen, Community Emergency Services Manager

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

Attachments: Nil

Summary: The officer report recommends that Council resolve to adopt BFACs recommendation that the Restricted Burning Time (RBT) and Prohibited Burning Time (PBT) dates be changed to;

Restricted Burning Time; 1 November to 15 December 1 March to 30 April

Prohibited Burning Time; 16 December to Last Day of February

The primary reason for this recommendation is that in early November 2015 the Shire of Denmark was caught out by the imposition of a Department of Fire and Emergency Services (DFES) initiated Total Fire Ban (TFB) in the spring; the RBT had not yet started and Fire Control Officers (FCOs) had no control over the lighting of fires.

The secondary reason is that it appears that summer weather conditions are more commonly starting earlier in the year and continuing longer into autumn.

Background: The winter of 2015 was an unseasonably dry winter, so much so that the Soil Dryness Index, maintained by the Bureau of Meteorology (BoM) had Denmark 4 to 6 weeks in front of where they were for the same time the previous year; as was much of the southern part of the state.

Because of this dryness the fire season in the southern half of the state started earlier; in early November there were a couple of major fires burning which were utilising significant resources state wide, this situation resulted in DFES imposing a TFB including the Shire of Denmark.

On the day of this TFB the shire was still in open season, no permits required, and property owners were diligently cleaning up their properties in readiness for the coming season, this included lighting fires to burn garden rubbish.

The Rangers, FCOs and CESM spent a hectic few hours visiting these properties informing the owners of the TFB and extinguishing their fires.

Under the Bush Fires Act 1954 it is the responsibility of the person lighting the fire to take the necessary steps, including checking to see if a TFB has been imposed, to determine whether they can light a fire or not.

This particular TFB caught many Council’s out, especially here in Denmark; looking at the bigger picture and recent fire history we can expect more of the same and it would be foolish to think this was a one off.


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With conditions this dry the Chief, Deputy, FCOs and CESM considered the prospect of bringing forward the start of the RBT. Under the Bush Fires Act 1954 s18 (5) a Local Government may vary the RBT in respect of that year. At the BFAC meeting held in December 2015 the CESM put forward an item to the committee with regard to identifying key triggers to bring the start of the RBT forward.

The CESM proposed that a sub-committee of BFAC be elected to determine measureable key triggers and report back to BFAC.

The following recommendation was made;

“That BFAC;

Elect a sub-committee, comprising of the Chief, Deputy Chief and three other FCOs, 1. Joe Baker 2. Alex Williams 3. Malcolm Hick

To determine measurable key triggers for bringing forward the Restricted Burning Time with the goal that the final list of Key Triggers are to be adopted and endorsed by 1st September 2016.” This sub-committee met in February 2016 and was assisted by Mr Wes Bailye of Parks & Wildlife.

The sub-committee considered the key triggers that should be used to assist in any determination to alter the dates of the RBP and determined that the following factors were helpful in any assessment:

Southern Australia Seasonal Bushfire Outlook, released by the Bushfire and Natural Hazards Cooperative Research Centre in September each year

Soil Dryness Index (Ground Moisture) maintained by the Bureau of Meteorology

Advice from DPaW and DFES

Local observations and experience

The sub-committee also considered the appropriateness of the existing times that are currently applied to the RBP. The sub-committee recommend that the following dates be adopted commencing with the 2016/2017 bush fire season:

• Restricted Burning Period be altered to: i. 1 November to 15 December ii. 1 March to 30 April

• Prohibited Burning Period be altered to: 16 December to Last day of February

The sub-committee recommended these changes to BFAC because of the following factors: • The existing dates have been in place for quite some time and have not been reviewed

recently in light of reduced annual rainfall. • The dates are easier to remember with most being aligned with the start and finish of the

relevant month. • Residents and occupiers can still burn with a permit during the Restricted Period but the

permit process will reinforce the requirement to have appropriate resources on hand and allows the Bush Fire Service to manage the number and nature of burns.

• Bringing forward the commencement of the Prohibited Burning Period provides a more appropriate buffer prior to the Christmas holiday period.

At the BFAC meeting held in March 2016 the following officer and committee recommendation was adpoted.


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“That BFAC recommends that, from the 2016/2017 bush fire season, Council adopt the following dates for the Restricted and Prohibited Burning Periods be applied and subsequently gazetted:

• Restricted Burning Period: 1 November to 15 December

1 March to 30 April

• Prohibited Burning Period: 16 December to Last day of February”

Consultation: Consultation with brigade leaders was achieved by referring this matter to BFAC and advice was also sought from Mr Wes Bailye of the Department of Parks & Wildlife.

Statutory Obligations: There are no known statutory obligations relating to the report or officer recommendation. Policy Implications: There are no known policy implications relating to the report or officer recommendation. Budget / Financial Implications: There are no known financial costs upon the Council’s budget with the costs associated with the gazettal of the revised dates being covered by the Department of Fire & Emergency Services. Strategic Implications: The report and officer recommendation is consistent with Council’s adopted Mission and Vision and assists achieve the following specific adopted Strategic Objectives and Goals. SOCIAL OBJECTIVE - Denmark's communities, people and places are connected and creative, vibrant and dynamic, healthy and safe. 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 governance implications 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.


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Risk:

Risk




Risk Rating




That unmanaged fire activity in the spring could result in

wildfires Likely (4) Catastrophic

(5) Extreme (20-25)

Damage to Physical Assets


That by extending the RBT more demand will be put on

FCOs to write permits Almost

Certain (5) Insignificant

(1) Moderate

(5-9) Business Disruption Accept Risk

That by extending the RBT some property owners will be

disinclined to conduct fuel reduction burning they would normally have done as it is ‘too hard to get a permit’ Possible (3) Minor (2)

Moderate (5-9)

Not Meeting Community

expectations

Manage by further community

education/consultation with regard to the issuing of

permits.

Comment/Conclusion: By changing the start date of the RBT to 1 November the following would be achieved;

1. Fire activity can be managed/monitored in the eventuality of the imposition of Total Fire Bans earlier in the fire season,

2. The first day of the month will be an easier date for residents/property owners to remember.

By changing the closing date of the RBT in the autumn to 30 April or ‘the end of April’ will give an easier date for residents/property owners to remember. By moving the start date of the PBT to 16 December would give the Fire Control Officers a more appropriate buffer leading into the Christmas holiday period. All fires are required to be completely extinguished by midnight on the day before the start of the PBT; in the past this has not occurred and FCOs have been called to attend flare ups on Christmas Day.

By changing the wording/numbering of the close of the RBT from 28 February to ‘The Last Day of February’ we cover the extra day in February in a leap year. These proposed new dates will replace the current Gazetted dates however; there is provision in the Bush Fires Act 1954 for a Local Government to vary these date should seasonal conditions of that year allow.

Division 3 – Restricted Burning Times - Section 18

(5) Subject to subsection (5B) in any year in which a local government considers that seasonal conditions so warrant the local government may, after consultation with an authorised CALM Act officer if forest land is situated in its district — (a) vary the restricted burning times in respect of that year in the district or a part of

the district by — (i) shortening, extending, suspending or reimposing a period of restricted burning

times; or (ii) imposing a further period of restricted burning times; or

(b) vary the prescribed conditions by modifying or suspending all or any of those conditions.

(5B) A variation shall not be made under subsection (5) if that variation would have the effect of —


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(a) shortening the restricted burning times by; or (b) suspending the restricted burning times, or any prescribed condition, for, more than 14 successive days during a period that would, in the absence of the variation under subsection (5), be part of the restricted burning times for that zone in that year.

Division 2 – Prohibited Burning Times - Section 17

(7) Subject to subsection (7B), in any year in which a local government considers that seasonal conditions warrant a variation of the prohibited burning times in its district the local government may, after consultation with an authorised CALM Act officer if forest land is situated in the district, vary the prohibited burning times in respect of that year in the district or a part of the district by —

(a) shortening, extending, suspending or reimposing a period of prohibited burning times; or (b) imposing a further period of prohibited burning times. (7B) A variation of prohibited burning times shall not be made under subsection (7) if that

variation would have the effect of shortening or suspending those prohibited burning times by, or for, more than 14 successive days.

(8) Where, under subsection (7), a local government makes a variation to the prohibited burning times in respect of its district or a part of its district the following provisions shall apply —

(a) the local government — (i) shall, by the quickest means available to it and not later than 2 days before the

first day affected by the variation, give notice of the variation to any local government whose district adjoins that district;

(ii) shall, by the quickest means available to it, give particulars of the variation to the FES Commissioner and to any Government department or instrumentality which has land in that district under its care, control and management and which has requested the local government to notify it of all variations made from time to time by the local government under this section or section 18;

(iii) shall, as soon as is practicable publish particulars of the variation in that district; (b) the Minister, on the recommendation of the FES Commissioner, may give notice in

writing to the local government directing it — (i) to rescind the variation; or

(ii) to modify the variation in such manner as is specified in the notice; (c) on receipt of a notice given under paragraph (b) the local government shall forthwith — (i) rescind or modify the variation as directed in the notice; and

(ii) publish in that district notice of the rescission or particulars of the modification, as the case may require.

Voting Requirements:

Simple majority. COUNCIL RESOLUTION & COMMITTEE & OFFICER RECOMMENDATION ITEM 9.1 MOVED: CR SEENEY SECONDED: CR LEWIS

That from the 2016/2017 bush fire season, Council adopt the following dates for the Restricted and Prohibited Burning Periods and the dates be applied and subsequently gazetted:

Restricted Burning Period: o 1 November to 15 December o 1 March to 30 April

Prohibited Burning Period: o 16 December to Last day of February



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9.2 BUSH FIRE ADVISORY COMMITTEE - FIRE CONTROL OFFICER & FIRE WEATHER OFFICER APPOINTMENTS FOR 2016/2017

File Ref: FIRE.1




Date: 11 June 2016

Author: Gregg Harwood, Director of Community & Regulatory Services


Attachments: Nil

Summary:

The officer report discusses Denmark Volunteer Bush Fire Brigades nominations for Fire Control Officers (FCO) for their respective Brigade areas, which have in turn been recommended by the Bush Fire Advisory Committee (BFAC) and are presented together with BFAC’s recommendations for Chief Bush Fire Control Officer (CBFCO), Deputy Chief Bush Fire Control Officer (DFCO) and Fire Weather Officer (FWO) for consideration and adoption by Council. The list includes Graeme Thallon, Council’s recently retired CBFCO, and the BFAC has recommended his appointment to the role of an additional FCO.

Background: A number of persons have been recommended for appointment as Fire Control Officers (FCO) for 2016/2017 at the Bush Fire Advisory Committee, held on the 2 June 2016. The Denmark Volunteer Fire and Rescue Service (VFRS) FCO nominations were not submitted prior to the BFAC meeting however these nominations have since been provided and are included in the Officer Recommendation. The Chief Bush Fire Control Officer (both current & incumbent) has supported the VFRS nominations and recommended them to the Community Emergency Services Manager for referral to Council. This means that the nominees have the support of the Denmark VFRS brigade, the Community Emergency Services Manager and the Chief Fire Control Officer. The creation of the Auxiliary FCO position, that is filled by Council’s recently retired CBFCO and DCBFCO, was also recommended at the last BFAC meeting via the following resolution: “That Council appoint the Graeme Thallon as an Auxiliary Fire Control Officer, for the Shire of Denmark, for 2016/2017. Traditionally there has been a tendency for the retiring CBFCO to assume the Fire Weather Officer’s (Fire 3) role to ensure that a well experienced FCO is retained in the Brigade structure that has the legal powers to act if the Chief and Deputy are unable to do so or are outside of the district. This structure worked when CBFCOs tended to be older and stay in the position longer and our Brigades and leaders were not being regularly seconded to fight major fires in other districts. This however has changed. We now have younger Chief and Deputy FCOs that typically want to do the role for 3 – 4 years and then give another person the opportunity to bring their own talents and abilities to the role.


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In addition to this our Brigades are now being regularly deployed to other districts meaning that there is a very real likelihood that a former Chief or Deputy may be required to assist in the command structure of a future fire. There is no such statutory position as an ‘Auxiliary FCO’ however the proposal to appoint Graeme Thallon, former CBFCO, as an additional FCO is supported. Consultation: Each of the Brigade’s recommended Fire Control Officer appointments have been submitted via the Annual General Meeting of their Brigade and have subsequently been considered and endorsed by the BFAC.

Statutory Obligations: While the Captains, Lieutenants, Secretaries, Equipment Officers and the like are elected by Brigades it is the local government’s role to appoint Fire Control Officers, a Chief Bush Fire Control Officer and a Deputy Chief Bush Fire Control Officer pursuant to section 38(1) of the Bush Fires Act 1954. This section reads as follows: “38. Local Government may appoint bush fire control officer A local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act, and of those officers shall subject to section 38A(2) appoint 2 as the Chief Bush Fire Control Officer and the Deputy Chief Bush Fire Control Officer who shall be first and second in seniority of those officers, and subject thereto may determine the respective seniority of the other bush fire control officers appointed by it.” Section 38 (8) of the Bush Fires Act 1954 provides Council with the authority to appoint to the office of fire weather officer such number of senior bush fire control officers as it thinks necessary. Policy Implications: Council Policy P050107 identifies the number of Bush Fire Brigades within the Shire of Denmark and refers to the Bush Fire Advisory Committee Charter. The recommended appointments will not have any impact on this Policy. It should be noted that the BFAC Charter membership, with respect to FCOs, states “all current and incoming FCOs, or Proxy FCOs representative, from each Volunteer Bush Fire Brigade and therefore the additional appointment of the former CBFCO as a Fire Control Officer does not mean that this person becomes a member of the BFAC. Council Delegation D050109 records the Shire of Denmark’s authorised Officers under the Bush Fires Act 1954 and will be amended accordingly should Council agree to make such appointments. Budget / Financial Implications: There are minor financial costs upon the Council’s proposed budget with the costs associated with the official Gazetting of the Fire Weather Officer and the issuing of appointment cards as per the Bush Fires Act 1954. These costs are able to be borne in the proposed 2016/2017 budget. Strategic Implications: The report and officer recommendation is consistent with Council’s adopted Mission and Vision and assists achieve the following specific adopted Strategic Objectives and Goals. SOCIAL OBJECTIVE - Denmark's communities, people and places are connected and creative, vibrant and dynamic, healthy and safe.


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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 known governance considerations relating to the report as Council has the authority and requirement, under the Bush Fires Act 1954, to appoint a Chief and Deputy Chief Bush Fire Control Officer and as many Fire Control Officers as it deems necessary. 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 Rating




That without FCOs to regulate authorised burns poses significant risk of

large wildfires. Likely (4) Catastrophic

(5) Extreme (20-25)

Failure to meet

Statutory, Regulatory or Compliance

Requirements Accept Officer

Recommendation

That without FCOs brigades will lack

leadership and firefighting skills will progressively be

lost leading to loss of assets, lives and

environment. Likely (4) Catastrophic

(5) Extreme (20-25)

Ineffective People

Management Accept Officer

Recommendation

That without FCOs brigades will lack

leadership and have difficulty coordinating responses leading to

reduced efficiency on the fire ground. Likely (4) Major (4)

High (10-16)

Not Meeting Community expectations


Comment/Conclusion: All of the Brigade Officers recommended have carried out senior/management roles in their respective brigades and have completed or enrolled to complete relevant training, being the DFES Fire Control Officers Course. The appointment of the outgoing CBFCO as an additional FCO for the Shire will mean that that person has the same powers as any other FCO and if an incident should occur and the current CBFCO and the Deputy are unavailable, the former CBFCO could take command of a situation should this be required or desired at the time.


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This additional FCO position for the former CBFCO is recommended to be authorised within the entire Shire of Denmark and not on behalf of a specific Brigade area. Voting Requirements: Simple majority. COMMITTEE RECOMMENDATION ITEM 9.2

That Council appoint the following persons as Fire Control Officers for 2016/2017, as recommended by the Bush Fire Advisory Committee at its June 2016 Annual General Meeting.

Denmark Shire and BFAC recommended Fire Control Officers

CESM Marcus Owen Senior Ranger Charmaine Shelley Ranger David Lonie Auxiliary FCO Graeme Thallon BFAC nominated and recommended Fire Control Officers

Chief Fire Control Officer Ross McDougall Deputy Chief Fire Control Officer Leslie (Lez) Baines Fire Weather Officer Adrian Kranendonk

Bush Fire Brigade nominated and BFAC recommended Fire Control Officers

Carmarthen Leslie (Lez) Baines Denmark East Christopher (Chris) Hoare Harewood Michael (Mike) Hills Hazelvale Alex Williams Kordabup Bruce Pringle Mehniup Rob Young Mt Lindesay Malcolm Hick Nornalup Jean-Marc Merat Ocean Beach Derek (Joe) Baker Owingup Samantha (Sam) Blythe Parryville Kevin Hard Peaceful Bay Ivars Sulcs Scotsdale Arthur (Sid) Marshall Shadforth Adrian Kranendonk Somerset Hill Callum Baxter Tingledale Brian Vigus William Bay Joan Merrifield

Fire Brigade nominated and Officer recommended Fire Control Officers

V.F.R.S. Gary Stanway Town Don Atkinson


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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 9.2a MOVED: CR SEENEY SECONDED: CR BARTLETT

1. That, pursuant to Section 38 (1) of the Bush Fires Act 1954, Council appoint the following persons for the financial year 2016/2017 and that the appointments be advertised in the Denmark Bulletin and Council’s Delegation (Authorisation) D050109 be updated accordingly;

Bush Fire Control Officers authorised within the entire Shire of Denmark Community Emergency Services Manager Marcus Owen Senior Law Enforcement Officer Charmaine Shelley Law Enforcement Officer David Lonie Fire Control Officer & Chief Fire Control Officer Ross McDougall Fire Control Officer & Deputy Chief Fire Control Officer Leslie (Lez) Baines Fire Control Officer Graeme Thallon Bush Fire Control Officers authorised within the entire Shire of Denmark area on behalf of their respective Brigades Carmarthen Volunteer Bush Fire Brigade Leslie (Lez) Baines Denmark East Volunteer Bush Fire Brigade Christopher (Chris) Hoare Harewood Volunteer Bush Fire Brigade Michael (Mike ) Hills Hazelvale/Tingledale Volunteer Bush Fire Brigade Alex Williams Brian Vigus Kordabup/Owingup Volunteer Bush Fire Brigade Bruce Pringle Samantha (Sam) Blythe Mehniup Volunteer Bush Fire Brigade Rob Young Mt Lindesay Volunteer Bush Fire Brigade Malcolm Hick Nornalup Volunteer Bush Fire Brigade Jean-Marc Merat Ocean Beach Volunteer Bush Fire Brigade Derek (Joe) Baker Parryville Volunteer Bush Fire Brigade Kevin Hard Peaceful Bay Volunteer Bush Fire Brigade Ivars Sulcs Scotsdale/Shadforth Volunteer Bush Fire Brigade Arthur (Sid) Marshall Adrian Kranendonk Somerset Hill Volunteer Bush Fire Brigade Callum Baxter William Bay Volunteer Bush Fire Brigade Joan Merrifield Bush Fire Control Officers authorised within the prescribed Denmark Fire & Rescue Service Area Only Denmark Fire & Rescue Service (Volunteer Brigade) Gary Stanway Don Atkinson

2. That Council, pursuant to Section 38 (8) of the Bush Fires Act 1954 and noting that Council

is an approved local government, pursuant to sub-section (6) and (7) of the Act (Government Gazette 19 December 1958, page 3293), appoint Adrian Kranendonk as the Shire of Denmark’s Fire Weather Officer for 2016/2017 and, pursuant to Section 38 (13) of the Bush Fires Act 1954, advertise the appointment in the Denmark Bulletin and give notice of the appointment once in the Government Gazette.



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9.3 BUSH FIRE ADVISORY COMMITTEE – REVIEW OF FIRE REGULATION NOTICE

File Ref: FIRE.1




Date: 11 June 2016

Author: Gregg Harwood, Director of Community & Regulatory Services


Attachments: 9.3 – Map produced by Brian Humphries

Summary:

The Officer report recommends that Council resolve to adopt the Bush Fire Advisory Committee’s (BFAC) recommendation to review Council’s Fire Regulation Notice in response to Mr Brian Humphries’ proposal for a revised and condensed Notice and Cr Bartlett’s 3 May 2016 Notice of Motion regarding the need to review the Notice and in particular 6C of that Notice in regards to fire fuel loads on peri urban lands. Background: At several Public Question Time sessions earlier in the year Mr Brian Humphries pointed out some irregularities within the FRN, in particular issues with the Regulations with regard to the different zoning. An example given was ‘Tourist’ The Cove on Weedon Hill. ‘Tourist’ zoning which was claimed to not be covered in the FRN. In response to Mr Humphries’ concerns, at the Ordinary Meeting of Council held on 3 May 2016 Cr Bartlett tabled the following motion which was carried unanimously (Resolution No. 050516);

That the Administration prepare a report on the following proposal for consideration at the first Council meeting in August 2016: As the start of a process to ensure our fire regulations better address our problem areas I request that with regard to page 9 of the current fire regulation notice, section 6c that the words “may be required ............the satisfaction of the Shire’s Fire Services”, be removed and replaced with a definitive statement such as "are now required to perform a mosaic fuel reduction process to achieve a maximum fuel load of 8 tonnes per hectare by rotation every 5 years."

Having considered these matters at its 2 June 2016 meeting BFAC moved the following recommendation to Council: 1. That BFAC form a Fire Regulation Notice (FRN) review committee to assist the CESM in

that process.

Committee members; • CESM • Chief • Senior Ranger • Joe Baker (FCO Ocean Beach) • Mike Hills (FCO Harewood)


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2. That BFAC support the presentation of an initial step by step plan to Council explaining the processes/procedures being undertaken in the review.

3. That BFAC recommends to Council it ask the Director of Community and Regulatory

Services to seek Royalties for Regions (R4R) or other grant moneys to assist with fire fuel reduction on properties adjoining the Weedon Hill area on the basis that adequate fire buffers were not incorporated when the land was rezoned by the Planning Commission when it was developed around 50 years ago.

Consultation: Consultation with brigade leaders is being achieved by referring this matter to BFAC and LEMC. Council also needs to be conscious of the effort needed to keep the affected landowners and the wider community informed as to what is being proposed and how this will affect them. Statutory Obligations: There are no known statutory obligations relating to the report or officer recommendation other than Council’s current obligation to strive to achieve strategic fire risk reduction throughout its district and to maintain effective emergency management arrangements and a bushfire response capacity. Policy Implications: There are no known policy implications relating to the report or officer recommendation.

Budget / Financial Implications: There are no known financial costs upon the Council’s current or future budgets as a result of the report or officer recommendation. Strategic Implications: The report and officer recommendation is consistent with Council’s adopted Mission and Vision and assists achieve the following specific adopted Strategic Objectives and Goals. SOCIAL OBJECTIVE - Denmark's communities, people and places are connected and creative, vibrant and dynamic, healthy and safe. 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 governance implications relating to the report or officer recommendation other than Council’s current obligation to strive to achieve strategic fire risk reduction throughout its district and to maintain an effective emergency management arrangements and bushfire response capacity. 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.


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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 Rating




That unmanaged UCL in residential areas will create a fire fuel

risk. Almost Certain

(5) Catastrophic

(5) Extreme (20-25)



That some recipients of peppercorn leases

will not actually maintain that land.

Almost Certain (5) Major (4)

Extreme (20-25)



That some property holders may choose to opt out leaving a patch of unreduced

land . Likely (4) Major (4) High (10-

16)

Inadequate Organisation or

Community Emergency

Management Accept Officer

Recommendation

Comment/Conclusion: Notwithstanding Mr Humphries lobbying the CESM, Chief and Deputy Chief Fire Control Officer have been discussing a reduced and reviewed Fire Regulation Notice for some time and have identified the following examples of areas that need to be addressed during the review process.

1) An increase of the fire fuel reduction distances around communication towers eg: NBN

and mobile towers.

2) Changing the 40 hectare of bush limitation in areas of rural land to include contiguous bush on adjoining lots as currently two or more contiguous <39 hectare portions of bush do not require a fire break.

3) Requiring perimeter fire breaks around areas of bush on rural land.

4) The incremental introduction of cyclic fire fuel reduction on larger portions of land that are close to residential areas (Regulation 6c).

In response to this request it is proposed that the Director of Community and Regulatory Services, the Chief, Senior Ranger and CESM draw up a plan outlining the step by step approach to the review of the FRN including consultation with Shire staff, BFAC, Council, affected landowners and relevant stakeholders. This is important as Council needs to be making a conscious effort to keep the affected landowners and the wider community informed as to what is being proposed and how this will affect them.

It is the Officer’s opinion that a staged approach is preferable particularly in terms of larger portions of land that are close to residential areas. One of the reasons for this is that many of our brigade turnouts are due to escaped private burns during permit season. A sudden change to the regulations may lead to compliance difficulties and an increase likelihood of escaped burns and every escaped burn is potentially a catastrophic fire. Once the proposed “Fire Regulation Notice (FRN) Working Group” have finished it will be referred back to Council for consideration.


30

Mr Humphries also suggested to BFAC that Council should lobby DFES and the Western Australian Planning Commission for assistance with the costs of strategic fire fuel reduction work in and around Weedon Hill as they approved the an inadequate fire plan for the area when it was approved for development some 50 years ago. BFAC agreed with this perspective and moved the second recommendation as a result. Part 3 of the Bush Fire Advisory Committee’s recommendation has been removed from the Officer Recommendation because after having considered the upcoming implementation of State Planning Policy 3.7: Planning in Bushfire Prone Areas and the roll out and application of the Department of Fire and Emergency Services’ Office of Bush Fire Risk Management (OBRM) it is, in the Officer’s opinion, a premature step.

Voting Requirements: Simple majority.

COMMITTEE RECOMMENDATION ITEM 9.3

1. That BFAC form a Fire Regulation Notice (FRN) review committee to assist the CESM in that process.

Committee members;

CESM

Chief

Senior Ranger

Joe Baker (FCO Ocean Beach)

Mike Hills (FCO Harewood)

2. That BFAC support the presentation of an initial step by step plan to Council explaining the processes/procedures being undertaken in the review.

3. That BFAC recommends to Council it ask the Director of Community and Regulatory Services to seek Royalties for Regions (R4R) or other grant moneys to assist with fire fuel reduction on properties adjoining the Weedon Hill area on the basis that basis that adequate fire buffers were not incorporated when the land was rezoned by the Planning Commission when it was developed around 50 years ago.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 9.3 MOVED: CR SEENEY SECONDED: CR GEARON

That Council resolve to support the following approach to reviewing the Fire Regulation Notice that has been put forward by BFAC: 1. That a Fire Regulation Notice (FRN) Review Working Group be formed that reports back

to the Bush Fire Advisory Committee to assist the CESM in that process, with membership to be determined by BFAC.

2. Invite the Working Group to a Strategic Briefing Session to explain the processes/procedures to be undertaken in the review.


10. MATTERS BEHIND CLOSED DOORS

Nil


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

Pursuant to Clause 3.11 of the Shire of Denmark Standing Orders Local Law, the Deputy Shire President consented to an Item of new business being raised.

Prior to consideration of Item 11.1 the Chief Executive Officer, through the Presiding Person, brought to the attention of the meeting the following disclosure(s) of interest: Cr Bartlett has declared that she is a member of the Denmark Tourism Inc. however Council has determined previously in the meeting by Resolution No. 010716 that Cr Bartlett’s interest is in common with other members of Denmark Tourism Inc. and permitted Cr Bartlett to remain in the room to participate in discussion, debate and vote on the matter. 5.28pm – The Director of Finance & Administration’s partner is the Chief Executive Officer of Denmark Tourism Inc. and as a consequence there may be a perception that his impartiality on this matter may be affected. Mr Dolzadelli left the room and did not return.

11.1 DENMARK TOURISM INC. – 2016/17 BUDGET

File Ref: A3186

Applicant / Proponent: Denmark Tourism Inc.

Subject Land / Locality: Not applicable


Date: 5 July 2016

Author: Cliff Frewing, Chief Executive Officer

Authorising Officer: Cliff Frewing, Chief Executive Officer

Attachments: Nil

Summary:

This report recommends that Council resolve a position in relation to the Denmark Tourism Inc.’s submission for the 2016/17 Budget. Background: On the 21 June 2016 the Chief Executive Officer of Denmark Tourism Inc. made a presentation to Council on its request for an allocation of funds for operation and marketing in the 2016/17 Budget. 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. Statutory Obligations: Nil Policy Implications: Council’s Tourism Policy P130201 relates and reads as follows; Objectives A. To recognise tourism as a social and economic force and as a major or potential major

employer within the Shire of Denmark. B. To foster and create a community awareness of the benefits

of tourism within the Shire of Denmark.


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C. To ensure that Council will guide and influence the development of tourism in the Shire of Denmark.

D. To provide the basic facilities and infrastructure sufficient to encourage development. E. To ensure that facilities within the Shire are adequate to cater for visitors and residents. F. To ensure that the attributes of the natural environment within the Shire are managed

sustainably so as to maintain and enhance the resource base on which the tourism industry relies.

Guidelines 1. Council will work closely with the Denmark Tourism Inc, Tourism WA, Australia's South West

and regional industry associations in all aspects of tourism development. 2. Council will endeavour to provide an adequate budget allocation for tourism expenditure. 3. Council will endeavour to assist (financially and by other means) tourist organisations or

events which have the potential to develop tourism in the Great Southern region. 4. Council will seek active representation locally, through the organisation Denmark Tourism

Inc. and regionally, through relevant tourism associations. 5. In the formulation of its planning regulations, Council will have regard to the requirements of

tourism development. 6. Council, in its review of planning instruments, ie Strategic Plans, Town Plans and

Development Central Plans, will take into consideration policies on tourism and other leisure related issues.

7. In the preparation of local laws and regulations, Council will have regard to their impact on tourism and balanced development within the Shire.

8. Council will encourage tourism product development and investment throughout the area and will facilitate the development application process.

9. Council will encourage a high standard of design and aesthetics in all forms of tourism development.

10. Council will ensure the welfare of the whole community when supporting tourism development and the provision of facilities.

11. When considering tourism developments, Council will consider the social, cultural, economic and environmental impact of the proposal within the area.

12. Council will ensure that where sensitive environmental, historic or cultural areas exist, these areas will be adequately protected in relation to development or usage.

13. Council will initiate the provision of facilities or lobby for the provision of facilities sufficient to cater for destination and day trip visitors to appropriate areas within the Shire boundaries.

14. Council will seek financial involvement from other sources wherever possible in the provision of tourism facilities.

15. Council will encourage the landscaping of residential and commercial centres within the Shire.

16. Council will, where practicable, support the establishment of National Parks, enhancement of specific natural features, conservation areas of outstanding beauty, and recognise items of heritage significance.

17. Council will support a World Heritage nomination of the Walpole Wilderness Area and participate and assist in the community consultation process in the development of a nomination.

Budget / Financial Implications: Should Council agree to allocate funds in the 2016/17 financial year to Denmark Tourism Inc. this will be reflected in the Council’s adopted 2016/17 Budget. Strategic Implications: The report and officer recommendation is consistent with Council’s adopted Mission and Vision and assists achieve the following specific adopted Strategic Objectives and Goals.


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ECONOMIC OBJECTIVE - Denmark's economy is diverse and vibrant - its primary industries of tourism and agriculture rely on and enjoy natural and other assets that are sensibly managed and promoted. ECONOMIC GOAL Tourism: ...acknowledge the importance of tourism to the region, and, by innovative policies, practices and partnerships, facilitates and encourages the greater year-round sustainability of tourism, whilst monitoring and managing its impacts. 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: The Council’s adopted Strategic Community Plan identified tourism as a one of Denmark’s primary industries. 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 Impact / Consequence

Risk Rating




That Council not provide adequate

funding to the Denmark Tourism Inc. (DTI) to

enable them to carry out their function. Possible (3) Moderate (3)

Moderate (5-9)

Business Disruption

Manage by negotiation with

DTI.

Comment/Conclusion: It is appropriate for Council to review its annual contribution to Denmark Tourism Inc. (DTI). The CEO of the DTI made a presentation to Council on 21 June 2016 seeking additional funds compared with the 2015/16 year. The Councillors at a Briefing Session have considered the details contained within the presentation and have proposed a subsidy with conditions as outlined within the Officer Recommendation. Voting Requirements: Absolute majority.

5.30pm – The Director of Community & Regulatory Services left the room and did not return.


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COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 11.1 MOVED: CR CARON SECONDED: CR WHOOLEY

Council is prepared to make available funds for the following purposes: $85,000 Operating contribution; A further $30,000 for marketing proposals on application to Council; and A further $10,000 is to be made available for the development of a Denmark Tourist

Strategic Plan in conjunction with the Denmark Tourism Inc. (DTI), Denmark Chamber of Commerce, Denmark Arts, the Shire and the community generally.

In addition and in accordance with the Agreement between the Shire and DTI the following KPI’s are provided for discussion:

Opening hours of the Denmark Visitors Centre remain at 9am to 5pm Monday to Sunday

A quarterly activity report to be provided to Council; The $10,000 marketing contribution, together with the GWN Advertising Award of

$25,000 offered to the Alliance remains intact; DTI Staff to be present at major WA Tourist Promotions; DTI to work with the Denmark Chamber of Commerce, Denmark Arts, the Shire and

the community generally to develop a Denmark Tourist Strategic Plan (including a survey of members); and

Training to be provided to DTI members re use of BookEasy and to staff to ensure they are more familiar with tourist operator members businesses.

CARRIED UNANIMOUSLY & BY AN ABSOLUTE MAJORITY: 8/0 Res: 090716

5.32pm - Public Question Time The Deputy Shire President stated that given that the meeting was about to conclude and it was prior to 6.00pm she would commence the second question time early. Cr Gillies called for questions from members of the public. Mr Doug Head Mr Head commented on Council’s decision to include the Aquatic Centre in the Corporate Business Plan noting that whilst he supported a pool he did not support the financial burden the ongoing and maintenance costs would have on current and future ratepayers, at this time. Mr Head wished to express his thanks to all of the local volunteer firefighters and noted that he agreed with the change to the restricted and prohibited burning times. The Deputy Shire President noted Mr Head’s comments in relation to the pool and stated that she did not believe that adding reference to it in the Corporate Business Plan was of any concern. Cr Gillies added that the reference in the Plan was just so that it was in a strategic document for Council’s consideration sometime in the future.


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12. CLOSURE OF MEETING 5.40pm – There being no further business to discuss, the Deputy Shire President, Cr Gillies, declared the meeting closed.

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

Cliff Frewing – 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.)

ordinary meeting of council - shire of denmark€¦ · ordinary meeting of council ... 8.1 director...

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