ordinary meeting of council · ordinary meeting of council 8 july 2014 3 1. declaration of...

SHIRE of DENMARK

ORDINARY MEETING OF COUNCIL

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

ON TUESDAY, 8 JULY 2014.

Contents Page No.

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

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE 4

4.2 PUBLIC QUESTIONS 4

4.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN 4

4.4 PRESENTATION, DEPUTATIONS & PETITIONS 4

5. APPLICATIONS FOR LEAVE OF ABSENCE 4

6. CONFIRMATION OF MINUTES 4 6.1 ORDINARY COUNCIL MEETING – 17 JUNE 2014 4

7. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN 4

8. REPORTS OF OFFICERS 5 8.1 DIRECTOR OF PLANNING & SUSTAINABILITY – Nil 5 8.2 DIRECTOR OF COMMUNITY & REGULATORY – Nil 5

8.3 DIRECTOR OF INFRASTRUCTURE SERVICES – Nil 5

8.4 DIRECTOR OF FINANCE & ADMINISTRATION 5

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MAY 2014 5

8.4.2 DENMARK HISTORICAL SOCIETY FUNDING REQUESTED – PRINTER REPLACEMENT 8

8.5 CHIEF EXECUTIVE OFFICER 11

8.5.1 MORGAN RICHARDS COMMUNITY CENTRE & FORMER FRAIL AGED LODGE REFURBISHMENT TENDERS

11

8.5.2 FREEDOM OF SPEECH & ARTISTIC EXPRESSION POLICY 20

9. COMMITTEE REPORTS & RECOMMENDATIONS 25

9.1 BUSH FIRE ADVISORY COMMITTEE - CHANGING STATUS OF DFES AND DPAW REPRESENTATIVES ON BFAC

25

9.2 BUSH FIRE ADVISORY COMMITTEE - FIRE CONTROL OFFICER APPOINTMENTS FOR 2014/2015

27

9.3 BUSH FIRE ADVISORY COMMITTEE - FIRE REGULATION NOTICE 2014 - 2015 31

10. MATTERS BEHIND CLOSED DOORS 33

11. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF MEETING 33

12. CLOSURE 33

Ordinary Meeting of Council 8 July 2014

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Ordinary Council Meeting

8 July 2014

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 4.04pm - The Shire President, Cr Thornton, declared the meeting open. 2. RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE

MEMBERS: Cr Ross Thornton (Shire President) Cr John Sampson (Deputy Shire President) Cr Kelli Gillies Cr Jan Lewis Cr David Morrell Cr Ian Osborne Cr Dawn Pedro Cr Belinda Rowland Cr Roger Seeney STAFF: Mr Dale Stewart (Chief Executive Officer) Mr Kim Dolzadelli (Director of Finance & Administration) Mrs Annette Harbron (Director of Planning & Sustainability) Mr Gregg Harwood (Director of Community & Regulatory Services) Mr Rob Whooley (Director of Infrastructure Services) Ms Claire Thompson (Executive Assistant) APOLOGIES: Nil ON APPROVED LEAVE(S) OF ABSENCE: Nil ABSENT: Nil VISITORS: Members of the public in attendance at the commencement of the meeting: 2 Members of the press in attendance at the commencement of the meeting: Nil DECLARATIONS OF INTEREST:

Name Item No Interest Nature

Cr Seeney 9.1, 9.2 & 9.3 Impartiality Cr Seeney is a member of the Somerset Hill Volunteer Bush Fire Brigade.

Cr Seeney 8.4.2 Impartiality Cr Seeney is a member of the Denmark Historical Society.

Cr Osborne 8.4.2 Impartiality Cr Osborne is a member of the Denmark Historical Society.

3. ANNOUNCEMENTS BY THE PERSON PRESIDING

Nil


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4. PUBLIC QUESTION TIME

4.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil 4.2 PUBLIC QUESTIONS In accordance with Section 5.24 of the Local Government Act 1995, Council conducts

a public question time to enable members of the public to address Council or ask questions of Council. The procedure for public question time can be found on the 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

There were no questions.

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

4.4 PRESENTATIONS, DEPUTATIONS & PETITIONS

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 SAMPSON SECONDED: CR SEENEY

That the minutes of the Ordinary Meeting of Council held on the 17 June 2014 be confirmed as a true and correct record of the proceedings.

CARRIED UNANIMOUSLY: 9/0 Res: 010714

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

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


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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

8.4 Director of Finance & Administration

8.4.1 FINANCIAL STATEMENT FOR THE MONTH ENDING 31 MAY 2014 File Ref: FIN.1

Applicant / Proponent: Not applicable

Subject Land / Locality: Denmark

Disclosure of Officer Interest: Nil

Date: 25 June 2014

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 six monthly 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


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

Statement of Financial Activity

Balance Sheet

Note 1 – Source Statement of Financial Activity

Note 2 – Net Current Funding Position

Note 3 – Cash & Investments

Note 4 – Cash Investments

Note 5 – Adopted Budget Amendments & Variations

Note 5A – Major Variances

Note 6 – Rates & Receivables

Note 7 – Grants & Contributions

Note 8 – Restricted Creditors

Note 9 – Cash Backed Reserves

Note 10 – Capital Acquisitions

Note 11 – Trust Fund

Summary of Accounts 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 $5,000. The material variance is calculated by comparing budget estimates to the end of month actual amounts of expenditure, revenue and income to the end of the month to which the financial statement relates. This same figure is also to be used in the Annual Budget Review to be undertaken after the first six months of the financial year to assess how the budget has progressed and to estimate the end of the financial year position. Budget / Financial Implications: Whilst there are no significant issues to be reported for the attached report to 31 May 2014, there are two know variances which will be included in the Monthly Financial Statements for the period ending 30 June 2014 which will be presented to Council in the month of July. The two items of capital expenditure are the Scotsdale Road improvements and Hollings Road Footpath construction. Strategic Implications: Due regard has been given to the Shire of Denmark’s Strategic Community Plan “Denmark 2031”, namely: 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.


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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. Comment/Conclusion: Shire Trust Funds of $164,239 have been invested for 60 days with the National Bank, maturing 19 June 2014 at the quoted rate of 3.35%. Reserve Funds totalling $2,890,590 have been invested for 90 days with the National Bank, maturing 10 June 2014 at the quoted rate of 3.66%. Surplus Municipal Funds of $1,018,454 have been invested for 90 days with the National Bank, maturing 10 June 2014 at the quoted rate of 3.66%, and an additional term deposit of $400,000 for 30 days maturing 11 June 2014 at the quoted rate of 3.34% and a further $201,172 invested for 30 days maturing on the 10 June 2014 at the quoted rate of 3.06%. 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 Statement.

Operating revenue is slightly higher than that predicted and operating expenditure are marginally lower for the period ending 30 April 2014 (Statement of Financial Activity).

The 2013/14 Capital Works Program is 44.16% complete as at 31 May 2014 (Note 10).

Rates Collection percentage of 95.97%% is in keeping with historical collection rates (Note 6).

Various transfers to and from Reserve Funds have not yet been made for 2013/14 and are generally undertaken in the second 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. Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.1 MOVED: CR SAMPSON SECONDED: CR ROWLAND

That with respect to Financial Statements for the month ending 31 May 2014, Council; 1. Receive the Financial Reports, incorporating the Statement of Financial Activity

and other supporting documentation. 2. Endorse the Accounts for Payment for May 2014 as listed.



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Prior to consideration of Item 8.4.2 the Chief Executive Officer, through the Presiding Person, brought to the attention of the meeting the following disclosure(s) of interest: Cr Seeney & Cr Osborne are members of the Denmark Historical Society and as a consequence there may be a perception that their impartiality on this matter may be affected. Cr Seeney & Cr Osborne have declared that they will consider this matter on its merits and vote accordingly.

8.4.2 DENMARK HISTORICAL SOCIETY FUNDING REQUESTED – PRINTER REPLACEMENT

File Ref: FIN.1


Subject Land / Locality: Not applicable


Date: 01 July 2014

Author: Kim Dolzadelli, Director of Finance And Administration

Authorising Officer: Dale Stewart, Chief Executive Officer

Attachments: 8.4.2 – Request form Denmark Historical Society

Summary: Council is being asked to consider a request from the Denmark Historical Society Inc. for a cash contribution of $1,800.00 towards the purchase of a printer. Background: On the 12 June 2014 the Denmark Historical Society wrote to the Chief Executive Officer requesting the consideration of Council a cash contribution of $1,800 to assist the Society to replace a printer. The Society has indicated that it is able to commit $500 to the total purchase price of $2,300. The Denmark Historical Society was established in 1983 with the aim of preserving the heritage of the Denmark town and surrounding region, its people and culture, and its industrial past. Membership of the Society is currently around 150. Through the efforts of its enthusiastic volunteer staff, the Society maintains an extensive collection of historical artefacts, photographs, oral histories and paper archives dating from the turn of the 20th century to the present day. They have growing collection, which is accessible to the public, at the Denmark Historical Museum where visitors can view displays and get help researching the district’s past. The purchase of a replacement printer will enable the Society to continue this work. At its meeting held 27 May 2014 Council considered submissions for the Community Financial Assistance Grants Program. Council approved grants in the amount of $17,321 and a retained amount of $2,769 of unallocated funds for inclusion in the 2014/15 Municipal Budget as contingency funds for use towards requests for financial assistance received during the course of the 2014/15 financial year making a total budget allocation for GL1420342 of $20,000. The guidelines for funding from the Community Financial Assistance Grants Program are reproduced below; OBJECTIVES: 1. To provide financial assistance for organisations and/or projects, which benefit the

community. 2. To assist community based (not for profit) organisations to develop and maintain

facilities.

http://denmarkhistoricalsocietywa.org.au/artefacts

http://denmarkhistoricalsocietywa.org.au/photographs

http://denmarkhistoricalsocietywa.org.au/oral-histories

http://denmarkhistoricalsocietywa.org.au/archives

http://denmarkhistoricalsocietywa.org.au/museum

http://denmarkhistoricalsocietywa.org.au/museum


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3. To provide community based (not for profit) organisations with relief from Council imposed fees and charges.

4. To provide urgent or emergency financial assistance where required. 5. To provide guidelines for the consideration and approval, or otherwise, of financial

assistance applications.

Consultation: The Chief Executive Officer has been consulted with respect to this request. Statutory Obligations: The Local Government Act 1995 provides for a strict budget process on terms of committing future expenditure. The proposed method of allocating these funds satisfies these requirements. Policy Implications: Council Policies P040125 (Community Financial Assistance Program) and P110708 (Denmark Historical Society – Annual Funding Contribution) relate and are complimentary to the request and Officer Recommendation. Budget / Financial Implications: On 27 May 2014 Council approved a total Municipal Budget allocation for 2014/15 of $20,000 for the Community Financial Assistance Grants (GL 1420342) which includes a retained amount of $2,769 of unallocated funds. The Officer recommends approval of the Denmark Historical Society request for a $1,800 contribution and that this amount is deducted from the currently unallocated funds, resulting in and amount of $969 remaining unallocated. Strategic Implications: There are no known significant environmental implications relating to the report or officer recommendation. 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: Preserving and understanding the history of Denmark is part of recognising the social fabric that has led to what Denmark is today. Comment/Conclusion: The Officer recommends approval of the Denmark Historical Society’s request noting the aim of the Society in preserving the heritage of the Denmark town and surrounding region, its people and culture and its industrial past. The reason why the Society didn’t apply for this project during the Community Financial Assistance Program advertising period, this year, is that at the time, the printer was functioning. The Society has confirmed that the printer is some 10 years old and is not economically repairable.


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Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.4.2 MOVED: CR PEDRO SECONDED: CR GILLIES

That with respect to the Denmark Historical Society request to contribute to a replacement printer, Council; 1. Approves a cash contribution of $1,800 to the society to assist in the purchase of a

replacement printer, making the total allocated Community Financial Assistance grants $19,121 for inclusion in the 2014/2015 Municipal Budget (GL 1420342), and

2. Retains an amount of $969 of unallocated funds in the 2014/15 Municipal Budget as contingency funds for use towards requests for financial assistance received during the course of the 2014/15 financial year making a total budget allocation for GL1420342 of $20,000.



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8.5 Chief Executive Officer

8.5.1 MORGAN RICHARDS COMMUNITY CENTRE & FORMER FRAIL AGED LODGE REFURBISHMENT TENDERS

File Ref: A3048


Subject Land / Locality: Reserve 45623 – 2 Scotsdale Road, Denmark (former Frail Aged Lodge and Denmark Hospital)


Date: 30 June 2014

Author: Dale Stewart, Chief Executive Officer


Attachments: 8.5.1a – Working Group Notes 27 June 2014 8.5.1b – Tenderer Information from Architect

Summary:

Council is being asked to delegate responsibility of accepting two tenders with respect the proposed refurbishment of the former hospital and former frail aged lodge to allow for some flexibility regarding the final negotiations and to ensure timely progression of letting of the two contracts.

Background: On the 27 April 2011, Council resolved as follows (Resolution No. 280411); “That with respect to the Denmark Hospital (fmr) on Reserve 18587 & the Frail Aged Lodge (fmr) on Reserve 45623 Council; 1. Adopt the Adaptive Reuse Study and the principles contained therein with the

exception that two of the standalone sheds are to remain on site for the foreseeable future for storage purposes;

2. Authorise the Chief Executive Officer to negotiate “peppercorn” Leases of the two sheds that would remain on site with Denmark Arts Inc. and the Denmark Chamber of Commerce Inc., with the Leases to be referred to Council for final approval and based on Council’s standard community group lease and with a maximum term of 5 years whereupon at the conclusion of that term, both the Council and proposed lessees, of all of the buildings on site, will be in a better position to determine their level of intrusiveness as compared to their function performance;

3. Approve the name of the former Denmark Hospital and former Frail Aged Lodge as being the “Morgan Richards Community Centre”;

4. Grant permission to the Peaceful Bay RSL to select one of the sheds, of their choice, and relocate it, at their cost, to a suitable site at Peaceful Bay to the satisfaction of the Chief Executive Officer in conjunction with the Peaceful Bay Progress Association Inc. The shed and perimeter lands to be subject of a lease and a separate report to Council for determination;

5. Renew the Lease between the Shire of Denmark and the Denmark Arts Council Inc. for the former Infant Health Clinic on portion of Lot 41 (Reserve No. 26026), for a period of two years from the 1 January 2011 to the 1 January 2013, or if a lesser period, until the organisation re-locates to the former Frail Aged Lodge on Reserve No. 45623;

6. Total expenditure, including detailed drawings, professional fees etc.. to be limited to $1,100,000 (inclusive of GST) on the renovation and refurbishment of the old Hospital and former Frail Aged Lodge. Tenders for the project to be submitted to Council prior to commencement of any works. Council’s contribution to the project being limited to a maximum of $300,000 (plus GST) with the balance of funding being via grant applications;

7. Authorise the Chief Executive Officer to negotiate a 5 year Lease with the Denmark Over 50’s Association Inc. for use of the former Nurses Quarters, with the Lease to


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be referred to Council for final approval and based on Council’s standard community group lease;

8. Confirm the intent, as outlined in the Adaptive Reuse Study, is to lease the former Frail Aged Lodge Building to Denmark Arts and the former Hospital to Denmark Community Resource Centre with both based on Council’s standard community group lease. The premise off these proposed leases will be on the basis that with exception of the potential for initial seed establishment funding support, the buildings will be let to the lessees on the basis that they derive any and all revenue in exchange for being responsible for all building maintenance with the exception of structural repairs;

9. All leases with community groups to commence only once the project has been approved and completed. Interim, short term Memorandums of Understanding until completion; and

10. Thank the Working Group for their work and advise all community groups that have expressed an interest in the buildings of the outcomes of this resolution.”

Tenders have now been received with respect to the refurbishment of the former hospital and quotes have been received with respect the former lodge. Details are listed under the heading ‘Budget / Financial Implications’, below. Consultation: Details of consultation with respect to the tenders and quotes are listed in the Notes of the last meeting of the Old Hospital Working Group of 27 June 2014, listed at Attachment 8.5.1 and also the Architects’ comments with respect to the preferred tenderer, listed as Attachment 8.5.1b. Statutory Obligations: The Local Government Act 1995, Sections 3.57 and 5.43, relates as follows; Section 3.57. Tenders for providing goods or services (1) A local government is required to invite tenders before it enters into a

contract of a prescribed kind under which another person is to supply goods or services.

(2) Regulations may make provision about tenders. Section 5.43. Limits on delegations to CEO A local government cannot delegate to a CEO any of the following powers or

duties — a) any power or duty that requires a decision of an absolute majority or a 75%

majority of the local government; b) accepting a tender which exceeds an amount determined by the local

government for the purpose of this paragraph.

The Local Government (Functions and General) Regulations 1996, Regulations 18 and 20, also relates as follows;

Regulation 18. Rejecting and accepting tenders

Subsection (4) Tenders that have not been rejected under sub-regulation (1), (2), or (3) are to be assessed by the local government by means of a written evaluation of the extent to which each tender satisfies the criteria for deciding which tender to accept and it is to decide which of them it thinks it would be most advantageous to the local government to accept.


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Regulation 20. Variation of requirements before entry into contract

(1) If, after it has invited tenders for the supply of goods or services and chosen a successful tenderer but before it has entered into a contract for the supply of the goods or services required, the local government wishes to make a minor variation in the goods or services required, it may, without again inviting tenders, enter into a contract with the chosen tenderer for the supply of the varied requirement subject to such variations in the tender as may be agreed with the tenderer.

(2) If — a) the chosen tenderer is unable or unwilling to enter into a contract to

supply the varied requirement; or b) the local government and the chosen tenderer cannot agree on any other

variation to be included in the contract as a result of the varied requirement, that tenderer ceases to be the chosen tenderer and the local government may, instead of again inviting tenders, choose the tenderer, if any, whose tender the local government considered it would be the next most advantageous to it to accept.

(3) In sub-regulation (1) — minor variation means a variation that the local government is satisfied is minor having regard to the total goods or services that tenderers were invited to supply.

Policy Implications: The former Hospital is listed on Council’s adopted Municipal Heritage Inventory as an important site and building(s) to be protected. Budget / Financial Implications: The expenditures proposed are all included in the current draft Budget subject to the addition of requested ‘additional’ contributions and matching expenditure as detailed (and shaded) in the table hereunder; There is no additional draw on Councils funds than was included in the 2013/14 Budget for the projects, due to these additional contributions being requested of the three community groups as the main direct beneficiaries (with the exception of the $50,000 additional Council contribution to the Lodge refurbishment project). Morgan Richards Community Centre (fmr Hospital)

Excluding GST

YTD Actual – 25 Jun 14 (and 12/13)

Comment

Expenditure

Architectural $50,000.00 $38,720.00 Plus O/S forward contracts

Consultancies $47,000.00 $31,516.00 Plus O/S invoices / contracts

Old Hospital Construction $1,026,015.00 $0.00 Maximum contract value suggested $1,030,000

Building Contingency $91,438.00 $0.00 Discretion of the WG (DCRC and Over 50's) after liaison with the Architect and Contractor

Audit and Acquittal $2,000.00 $0.00

Celebration $5,000.00 $0.00

Plaque $500.00 $0.00

Statutory Fees $5,000.00 $3,210.00

Building Contracts Insurance $3,000.00 $0.00

Total Expenditure $1,229,953.00 $73,446.00


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Income

Lotterywest Grant $610,000.00 $0.00 Total approved $670k, May be invoiced in stages. $60k allocated to Lodge

RDL Contribution $150,000.00 $0.00 To be invoiced

RDL Interest $20,000.00 $0.00 To be invoiced - amt to be confirmed

Denmark Over 50's initial agreed contribution

$5,000.00 $5,000.00 Contribution transferred from Council’s annual contribution to the association - done.

Denmark CRC initial agreed contribution

$5,000.00 $5,000.00 Paid

Denmark CRC (DEIC) Contribution

$20,000.00 $0.00

Denmark CRC Celebration Contribution

$2,500.00 $0.00

Denmark CRC Branding Signage Contribution

$2,500.00 $0.00

Denmark Over 50's additional contribution

$8,000.00 $0.00 Verbally agreed, subject to reinstating the wall in the Over 50’s section.

Denmark CRC additional contribution

$100,000.00 $0.00 to be agreed

CLGF / Council $306,953.00 $307,636.00

Total Income $1,229,953.00 $317,636.00

Net $0.00

Denmark Arts Council (fmr Lodge)

Excluding GST

YTD Actual – 25 Jun 14 (and 12/13)

Comment

Expenditure

Architectural $3,000.00 $3,000.00

Old Lodge Refurbishment $172,000.00 $0 Maximum contract value

Building Contingency $0.00 $0.00 Notewell - Nil

Statutory Fees $2,000.00 $0.00

Building Contracts Insurance $0.00 $0.00 not being taken out on this contract

Total Expenditure $177,000.00 $3,000.00

Income

Lotterywest Grant $60,000.00 $0.00 allocated portion

Denmark Arts initial agreed contribution

$5,000.00 $5,000.00 paid

Denmark Arts (DEIC) Contribution

$50,000.00 $0.00

Denmark Arts additional requested contribution

$12,000.00 $5,000.00 Verbally agreed to

Council additional contribution

$50,000.00 $0.00 agreed in principle - in draft Budget

CLGF / Council $0.00 $0.00

Total Income $177,000.00 $15,000.00

Strategic Implications: The refurbishment projects assist achieve the Council’s overarching Vision and the following adopted social objectives and goals.


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Vision - Denmark in the year 2031 is a leading example of a dynamic, connected, caring and cohesive community, in tune with its environment

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

Recreation Goal – That the Shire of Denmark 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 wellbeing. Sustainability Implications: Governance: There are no known significant governance considerations relating to the report or officer recommendation. Environmental: Completion of the refurbishment projects will assist revitalise the built heritage of Denmark, in particular with respect to the fabric of the former Hospital, which is listed on Council’s Municipal Heritage Inventory. Economic: Completion of the refurbishment projects will assist revitalise the northern aspect and bookend of the Denmark CBD and assist at least three active and vibrant community groups achieve greater sustainability. Social: There are significant social considerations relating to the refurbishment of the former Denmark Hospital. The Morgan Richards Community Centre will potentially provide a valuable resource and facility for several large, vibrant and active community groups as well as serve the infrequent and ad-hoc needs of many others for many years to come. Comment/Conclusion: With respect to the former Frail Aged Lodge;

Two quotes were received (5 builders were asked);

A&P Finnigan Building Company $214,885 plus GST = $236,374

Safeway Building and Renovation Pty Ltd $172,000 plus GST = $189,200 - 6 weeks from commencement and may carry out the work whilst occupying the lodge if that was an option available.

The approved and available construction Budget is $110,000 (plus GST), however at the Council’s recent (23 June 2014) Budget Workshop, Council has in principle (subject to the Budget Meeting scheduled for the 29 July 2014) allocated an additional $50,000 towards the project, acknowledging both the shortfall and also the below identified need to dislodge the Arts Council for a greater period during refurbishment of the former Hospital - making the project budget available $160,000 ($12,000 short). This could be met by either reducing the scope or requesting a one off contribution by the proposed tenant.

The proposed strategy to achieve project moving forward is as follows;

Original Council contribution $55,000

Additional Council contribution $50,000

Denmark Arts DEIC $50,000

Denmark Arts cash contribution paid $5,000

Proposed Denmark Arts additional cash contribution $12,000

Totals $172,000


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The Working Group considered these issues at its meeting of 27 June with the following proposals provided as solutions;

That the Working Group; a) Authorise a tender to be advertised based on the current scope of works (given it

is over $100,000 plus GST) and note that the Council will need to appoint the successful tenderer (estimated at $172,000 plus GST) if project funds exist and or Council meets the balance, after considering the response to Part b, following.

b) Request Denmark Arts to give consideration to a one-off additional contribution to the project of $12,000 plus GST, payable to Council on commencement of reoccupation of the building or 31 March 2015 whichever is the earlier.

c) Note that Denmark Arts have already agreed to the following one-off contributions;

i. A capital contribution of $5,000 plus GST (already paid); ii. A capital contribution of $50,000 plus GST (being the DEIC contribution

already received by that organisation) payable to Council on commencement of reoccupation of the building or 31 March 2015 whichever is the earlier.

d) Note that the likely successful tenderer will occupy the building for the period of refurbishment of the adjoining Morgan Richards Community Centre (likely period of 32 weeks).

e) Note that Denmark Arts will need to relocate any equipment or furniture (not able to be utilised for accommodation purposes by the builders) from the Building during refurbishment and that storage may be available in conjunction with the Chamber of Commerce and or Denmark Over 50’s in existing onsite sheds.

Note: verbal advice received on the 1 July 2014 is that Denmark Arts have agreed to the requested contribution. With respect to the former Hospital; The following Tenders have been received (prices are inclusive of GST) (refer also Attachment 8.5.1b);

$1,873K - Deviln

$1,779K - Tectonic

$1,571K - CDP

$1,444K - Safeway Building and Renovation Pty Ltd

$1,613K - Robinson Build Tech

$1,689K - A & P Finnigan

The recommended and also lowest tender of $1,444 K is over $400 K over the proposed Budget and the Project Architect, CEO, Shire President and Deputy Shire President have been busy negotiating to try and get this figure closer to Budget. This has now been achieved with modifications to the scope and goodwill of the contractor.

The approved and available construction Budget was $920,453 plus GST, plus $94,000 plus GST of contingency funding, providing a total of $1,014,453 (plus GST), making the project short by over $400,000, with absolutely zero contingency, in a heritage building project worth over $1m. After negotiating with the lower and preferred contractor for the past two months, the CEO, Shire President and Deputy Shire President are satisfied that the project can now proceed on an indicative (subject to final adjustments by the Architect with the Builder), construction contract of $1,026,015 with contingency (to be provided by the Denmark Community Resource Centre) of approximately $89,000.


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The following commentary is extracted from the Notes of the last Working Group Meeting to help explain the current circumstance; “To date the Shire President, Deputy Shire President and Chief Executive Officer have been working with the Architect to make some (many) executive decisions to try and reduce the scope without compromising the intent of the occupation, grants and user requirements. Council appreciates that this has been frustrating not being involved day to day with this, however it has had be performed with numerous ‘iterations’ and conversations to try and save a significant sum of money. Despite our best efforts, we are now in the position of still being short, and it is now crunch time in terms of letting the contractor know whether we are to proceed or not. This could now be met by either further reducing the scope or requesting a one off contribution by the proposed tenant(s). Council has previously limited the extent of available funds to the project and is not willing to commit further funds to the project to meet the remaining gap. In addition the real risk now lies in there is no contingency for unforeseen Builders or Architectural ‘extras’.

The proposed strategy to achieve the project moving forward is as follows; Original Council contribution for construction (architectural deducted) $252,636

Lotterywest $670,000

Additional Council contribution $nil

RDL Grant allocated (in hand) $150,000

RDL Grant additional interest $20,000?

Denmark Over 50’s cash contribution paid $5,000

Denmark Community Resource Centre cash contribution paid $5,000

Denmark Community Resource Centre DEIC funded contribution agreed $20,000

Proposed Denmark Community Resource Centre additional cash contribution (from

either RDL or internal resources) $?

Totals $1,015,136

Timing is now becoming critical. The builder cannot continue with current pricing nor allow scope for the works to proceed unless we act shortly. Council next meets on 8 July and 29 July.”

The Working Group considered these issues at its meeting of 27 June with the following proposals provided as solutions;

That the Working Group; a. Recommend Council accept the tender from Safeway based on the amended

and negotiated current scope of works (approximately $1,026,015 plus GST) and note that the Council will appoint the successful tenderer, if project funds exist and or Council meets the balance, after considering the response to Part b, following.

b. Request Denmark Community Resource Centre to give consideration to committing to a guaranteed one-off additional contribution to the building contract project (totalling indicative $1,115,015 with contingencies) payable to Council on


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completion of the project and a calculation is made of the difference between the tendered contract price and any overruns (contingencies) to a minimum of $11,000 and to a maximum of $100,000 plus GST.

i. $11,000 to make up the contract price. ii. $89,000 to be for potential contingencies and or discretionary items if not

required for contingencies. c. Note that Denmark Community Resource Centre have already agreed to the

following one-off contributions; i. A capital contribution of $5,000 plus GST (already paid); ii. A capital contribution of $20,000 plus GST (being the DEIC contribution

already received by that organisation) payable to Council on commencement of reoccupation of the building or 31 March 2015 whichever is the earlier.

iii. A capital contribution of $150,000 being the RDL grant. iv. A capital contribution of $20,000 approx. being the current interest

earnings in the RDL grant. d. Note that the recommended successful tenderer will occupy the former Frail

Aged Lodge adjoining for the period of refurbishment of the Morgan Richards Community Centre (likely period of 32 weeks).

e. Note that Denmark Over 50’s will need to relocate any equipment or furniture from the Building during refurbishment and that storage may be available in existing onsite sheds.

. Note: Verbal advice received on the 30 June 2014 is that Denmark Over 50s have agreed to an additional contribution of $8,000 towards the project. This amount was not requested by the Working Group. It is hoped that Council will hear from the Denmark Community Resource Centre regarding the requested additional commitment to a contribution by that organisation before the Council meeting day. Voting Requirements: An absolute majority decision is required respect to delegating a function of the Council to the Chief Executive Officer (accepting a tender).

COUNCIL RESOLUTION & OFFICER RECOMMENDATION ITEM 8.5.1A MOVED: CR SEENEY SECONDED: CR MORRELL

That Council delegate authority to the Chief Executive Officer (CEO) to enter into a contract with the recommended successful tenderer (Safeway Building and Renovation Pty Ltd) with respect to the Morgan Richards Community Centre (former Denmark Hospital Refurbishment Project) subject to the following; 1. The CEO obtaining suitable comprehensive contracts works insurance obtained

through Local Government Insurance Services and; 2. The CEO, in conjunction the Shire President, being authorised to make such minor

variations that are necessary to the proposed contract works such that the final agreed contract sum does not exceed the sum of $1,030,000 plus GST and;

3. A commitment being received in writing from the Denmark Community Resource Centre (Inc.) to an additional contribution of $100,000 plus GST.

4. A commitment being received in writing from the Denmark Over 50’s Association (Inc.) to an additional contribution of $8,000 plus GST (if applicable).

CARRIED UNANIMOUSLY & BY AN ABSOLUTE MAJORITY: 9/0 Res: 040714


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OFFICER RECOMMENDATION ITEM 8.5.1B

That Council delegate authority to the Chief Executive Officer (CEO) to enter into a contract with the most satisfactory tenderer with respect to the proposed Denmark Arts Council new premises (former Frail Aged Lodge Refurbishment Project) subject to the following; 1. The CEO, in conjunction the Shire President, being authorised to make such minor

variations that are necessary (if required) to the proposed contract works such that the final agreed contract sum does not exceed the sum of $172,000 plus GST and;

2. A commitment being received in writing from the Denmark Arts Council (Inc.) to an additional contribution of $12,000 plus GST.

3. Council noting that it will need to commit an additional $50,000 towards the project in the 2014/15 Budget.

COUNCIL RESOLUTION ITEM 8.5.1B MOVED: CR OSBORNE SECONDED: CR MORRELL

That Council; 1. Delegate authority to the Chief Executive Officer (CEO) to enter into a contract

with the most satisfactory tenderer with respect to the proposed Denmark Arts Council new premises (former Frail Aged Lodge Refurbishment Project) subject to the following; a) The CEO, in conjunction the Shire President, being authorised to make such

minor variations that are necessary (if required) to the proposed contract works such that the final agreed contract sum does not exceed the sum of $172,000 plus GST and;

b) A commitment being received in writing from the Denmark Arts Council (Inc.) to an additional contribution of $12,000 plus GST.

c) Council noting that it will need to commit an additional $50,000 towards the project in the 2014/15 Budget.

2. Agree to an extension of the lease of the Denmark Infant Health Clinic building (former) to the 30 Jun 2015 or earlier if vacated earlier.

CARRIED UNANIMOUSLY & BY AN ABSOLUTE MAJORITY: 9/0 Res: 050714


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8.5.2 FREEDOM OF SPEECH & ARTISTIC EXPRESSION POLICY

File Ref: ADMIN.2


Subject Land / Locality: Not applicable


Date: 6 May 2014

Author: Dale Stewart, Chief Executive Officer


Attachments: No

Summary: The Chief Executive Officer suggests that a draft Freedom of Speech and Artist Expression policy, for individuals and groups who exclusively use Council land or facilities in some manner, be developed and advertised for public comment prior to being brought back to Council for adoption or further consideration. Background:

Council has a number of public venues and facilities including parks and reserves and community notice boards which are hired or used by individuals and/or groups from time to time. The draft Policy provides guidance to the public and the user / hirer of Council’s neutral position of the activity or event, unless it has been specifically supported or sponsored by Council in writing. Council hires out venues and indeed reserves from time to time by individuals and or specific interest groups that indeed the Council might not want to be construed as ‘ associated’ with or as necessarily ‘supporting’ the activity or ‘expression’ by simple virtue of simply being the venue or facility hirer. However – that is not to say that the Council would necessarily ‘refuse’ to allow the booking or activity on Council (public land). To do so could raise the spectre of being seen as stifling public debate or freedom of artistic or other forms or mediums of expression or opinion. Hence the suggestion of the need for a policy that puts into perspective that Council firstly supports the principles of freedom of speech (subject to the laws of the land) and secondly, that the Council in doing so by virtue of directly hiring a venue or facility or reserve, should not be construed as necessarily ‘supporting’ (or objecting) to the particular opinion(s) or expressions contained therein or on. Consultation: It is proposed that the draft Policy be advertised for general comment from the public and also forwarded for specific comment from the Denmark Arts Council Inc. and the Denmark Chamber of Commerce Inc. Statutory Obligations: Relevant legislation commences in a Federal sense with the proposed bill entitled the ‘Freedom of Speech (Repeal of S. 18C) Bill 2014’ which seeks to perform the following;

“The Racial Discrimination Act 1975 is amended as follows:

1. Section 18C is repealed. 2. Sections 18B, 18D and 18E are also repealed. 3. The following section is inserted:

1. It is unlawful for a person to do an act, otherwise than in private, if:

1. the act is reasonably likely: a) to vilify another person or a group of persons; or


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b) to intimidate another person or a group of persons, and

2. the act is done because of the race, colour or national or ethnic origin of that person or that group of persons.

2. For the purposes of this section:

a) vilify means to incite hatred against a person or a group of persons; b) intimidate means to cause fear of physical harm;

i. to a person; or ii. to the property of a person; or iii. to the members of a group of persons. iv. Whether an act is reasonably likely to have the effect

specified in sub-section (1)(a) is to be determined by the standards of an ordinary reasonable member of the Australian community, not by the standards of any particular group within the Australian community.

3. This section does not apply to words, sounds, images or writing spoken, broadcast, published or otherwise communicated in the course of participating in the public discussion of any political, social, cultural, religious, artistic, academic or scientific matter.”

So, whilst there is no ‘freedom of speech’ contained with the Federal Constitution or legislation or State legislation per se, there is an underlying philosophy that is enshrined in Australia through the courts and common law (and international conventions) (bar acts of racial discrimination and or vilification). Further reading on rights to freedom of opinion and expression (in an Australian context) can be found at the following Australian Government website which states that it is “provided to persons who have a role in Commonwealth legislation, policy and programs as general guidance only and is not to be relied upon as legal advice. Commonwealth agencies subject to the Legal Services Directions 2005 requiring legal advice in relation to matters raised in this Guidance Sheet must seek that advice in accordance with the Directions”; http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSh eets/Pages/Righttofreedomofopinionandexpression.aspx

The above website provides guidance and answers to questions such as;

What is the right to freedom of opinion and expression? Where does the right to freedom of opinion and expression come from?

When do I need to consider the right to freedom of opinion and expression?

What is the scope of the right to freedom of opinion and expression? What is the scope of the requirement to prohibit advocacy of hatred that

constitutes incitement to discrimination?

Can the right to freedom of opinion and expression be limited? Which domestic laws relate to freedom of opinion and expression?

What other rights and freedoms relate to the right to freedom of opinion and expression?

Articles from relevant Conventions Where can I read more about the right to freedom of opinion and expression?

Policy Implications: The Officer is recommending that a draft new Policy be advertised prior to Council considering its formal adoption or further consideration and if deemed appropriate at that time, inclusion (as may be amended) in Council’s Policy Manual.

http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSheets/Pages/Righttofreedomofopinionandexpression.aspx

http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSheets/Pages/Righttofreedomofopinionandexpression.aspx

http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSheets/Pages/Righttofreedomofopinionandexpression.aspx#4what

http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSheets/Pages/Righttofreedomofopinionandexpression.aspx#6can

http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSheets/Pages/Righttofreedomofopinionandexpression.aspx#7which

http://www.ag.gov.au/RightsAndProtections/HumanRights/PublicSectorGuidanceSheets/Pages/Righttofreedomofopinionandexpression.aspx#9articles


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Shire of Denmark Town Planning Scheme Policy No. 32 Signs provides that electoral signs, within the Shire, except on private property, are expressly prohibited by this Policy. This is in keeping with principles espoused in Council Policy P040112 that bans political/election advertising on Shire controlled land and road reserves. Budget / Financial Implications: There are known financial implications upon either the Council’s current Budget or Long Term Financial Plan. Strategic Implications:

The report and officer recommendation is consistent with Council’s adopted Vision and assists achieve a cohesive community and one that is understanding of the rights to have different perspectives and views, without attempting to transpose particular beliefs onto anyone to ‘accept them’. The following proverb from Voltaire might be relevant in this context; “I do not agree with what you have to say, but I’ll defend to the death your right to say it”. Sustainability Implications: Governance: If the Policy is subsequently adopted, the Council’s Administration will need to amend appropriate forms and procedures to advise hirers and users of the Policy. 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 draft policy attempts to acknowledge community differences of beliefs and values and their rights to communicate them in a safe and non-threatening manner, whilst acknowledging that the Council, as a major local public venue, facility or reserve hirer, in agreeing to hire a facility etc, does not necessarily mean that it agrees with the opinions or expressions proposed, contained, portrayed or displayed therein or thereon. Comment/Conclusion: For the purposes of this report the term ‘expression’ has been used to describe the various ‘acts’ that is the subject of the proposed policy. The definition that has been used in this regard has come from the following source; https://www.google.com.au/search?sourceid=navclient&hl=en-GB&ie=UTF-%208&rlz=1T4GGNI_enAU494AU494&q=expression Expression - definition

noun: expression; plural noun: expressions

1. the action of making known one's thoughts or feelings.

"the prisoners developed a dialect as an everyday means of expression"

https://www.google.com.au/search?sourceid=navclient&hl=en-GB&ie=UTF-%208&rlz=1T4GGNI_enAU494AU494&q=expression

https://www.google.com.au/search?sourceid=navclient&hl=en-GB&ie=UTF-%208&rlz=1T4GGNI_enAU494AU494&q=expression


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synonyms: utterance, uttering, voicing, pronouncement, declaration, articulation, verbalisation, statement, proclamation, assertion, announcement, setting forth, venting, mouthing;

dissemination, broadcast, circulation, communication, spreading, promulgation, publicising, publication; rare asseveration

“the government refused to allow the free expression of opposition views”

• indication, intimidation, demonstration, show, exhibition, manifestation, token; conveyance, communication, illustration, revelation, disclosure, embodiment “he raised his eyebrows in an expression of sympathy”

• the conveying of feeling in a work of art or in the performance of a piece of music. “the testimony of musicians who worked with him proves that his overwhelming concern was with expression” synonyms: diction, style, choice of words, turn of phrase, wording, phrasing,

phraseology, language; delivery, execution; speech, intonation “the height of poetic expression”

• emotion, feeling, passion, intensity, poignancy; style, intonation, tone, nuance; artistry, depth, spirit, imagination; vividness, ardour, power, force “these pieces are very different from one another, both in choice of instruments and expression”

2. a look on someone’s face that conveys a particular emotion. “a sad expression” synonyms: look, appearance, air, manner, bearing, countenance, guise, cast

aspect, impression; formal mien “Blanche invariably wore an expression of harassed fatigue”

3. a word or phrase, especially an idiomatic one, used to convey an idea. “we have an expression, ‘You don’t get owt for nowt.” synonyms: idiom, phrase, idiomatic expression, set phrase;

Draft Policy P040237 – Freedom of Speech, Opinion & Artistic Expression Objective The objective of this Policy is to respect the principles of freedom of speech whilst acknowledging that the Council, as an owner and manager of land and/or facilities, that are used to support these principles, wishes to manage perception(s) that the Council might be seen or quoted as supporting the particular views, opinions or expressions espoused by the hirer or user. Application This policy applies to Council Roads, Parks, Reserves, Venues, Facilities, Display Banners and Notice Boards and other Public spaces that are allowed to be used with Council permission or hired from Council from time to time. Policy This policy acknowledges individual and community differences of beliefs and values and their rights to communicate them in a safe and non-threatening manner, whilst acknowledging that the Council, as a major local public venue, facility or reserve hirer, in


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agreeing to the use or hire, cannot necessarily be construed as agreeing with the opinions or expressions proposed, contained, portrayed or displayed therein or thereon. It is hereby expressly noted that the Council, in agreeing to any use or hire for an activity or form of expression, does not necessarily imply or infer that it condones, supports or can be seen or stated in any way as supporting or promoting the event or its views, however what can be stated is that the Council supports the right of the user or hirer to express their views and the principles of freedom of opinion and speech without judgement as to political, religious, artistic or other expression, subject always to compliance with Federal or State legislation with respect to discriminatory, racial discrimination or vilification and on banned and restricted or censured materials. Council has an abiding commitment to preserving and enhancing the principles and conventions of freedom of speech, thought, inquiry and artistic expression and the principles of universal rights of access to information and ideas, free of censorship and the influence of sectional interests and does not seek to promote or discourage particular viewpoints. It is also further noted however that;

1. The Council does not support or allow the written use of profanity or vulgar language on Council controlled property, venues, banners or public display boards. This includes the use of expression, language or written material that, in the opinion of the Chief Executive Officer, is libellous, racist, hateful, discriminatory, sexual or obscene in nature.

2. Pursuant to Council’s Local Planning Policy (Signs) and Council Policy P110112, Council does not permit the use of Council property, roads or reserves whatsoever for the display of election advertising material other than on the day of an election at the relevant polling booth.

Implementation It is the responsibility of the Chief Executive Officer to implement this policy. Voting Requirements: Simple majority. OFFICER RECOMMENDATION ITEM 8.5.2

That the draft Policy entitled “P040237 – Freedom of Speech, Opinion & Artistic Expression” as contained within the officer report, be advertised by local public notice for comment for a period of 30 days and specific comment be sought from the Denmark Chamber of Commerce Inc. and Denmark Arts Council Inc.

4.37pm – Cr Osborne left the room.

COUNCIL RESOLUTION ITEM 8.5.2 MOVED: CR MORRELL SECONDED: CR GILLIES

That no further action be taken on this matter.

4.39pm – Cr Osborne returned to the room.

CARRIED: 5/4 Res: 060714

REASONS FOR NOT ADOPTING THE OFFICER RECOMMENDATION Council believed that the status quo processes were satisfactory and that Council Staff could rely on existing Federal Laws that relate.


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9. COMMITTEE REPORTS & RECOMMENDATIONS Prior to consideration of Items 9.1, 9.2 & 9.3 the Chief Executive Officer, through the Presiding Person, brought to the attention of the meeting the following disclosure(s) of interest: Cr Seeney is a member of the Somerset Hill Volunteer Bush Fire Brigade and as a consequence there may be a perception that his impartiality on this matter may be affected. Cr Seeney declares that he will consider the matters on their merits and vote accordingly.

9.1 BUSH FIRE ADVISORY COMMITTEE - CHANGING STATUS OF DFES AND DPAW REPRESENTATIVES ON BFAC

File Ref: FIRE.3

Applicant / Proponent: Bush Fire Advisory Committee

Subject Land / Locality: Shire of Denmark


Date: 30 June 2014

Author: Nathan Hall, Community Emergency Services Manager

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

Attachments: No

Summary:

At the Bush Fire Advisory Committee meeting of 5 June 2014 the Committee considered the appropriateness of having the representatives of the Departments of Fire and Emergency Services and Parks and Wildlife as voting members of BFAC. The Committee recommends to Council that the status of the two departmental representatives be changed from voting to non-voting.

Background: BFAC operates under a Shire of Denmark Charter which allows for twenty five voting members being the Chief and Deputy Bush fire Control Officers, Fire Weather Officer, seventeen brigade Fire Control Officers, Shire Councillor Delegate, Denmark Volunteer Fire and Rescue Service Captain and FCO and representatives from DFES and DPaW.

Other than the two departmental representatives all voting members are persons who have arrived at their position by virtue of community support via their respective bush fire brigades and are entrusted to provide advice to Council on matters of fire protection within the Shire of Denmark.

The officers from DFES and DPaW provide valuable technical advice to BFAC with the benefit of working full time on fire related matters. Being the departmental representatives are government officers they are placed in a conflicted position from time to time in balancing the views of their departments against the wishes of the other BFAC members who are more driven by local imperatives. Being required to vote on matters at BFAC can place the officers in a position of conflict of interest but removing them from BFAC would deny the meeting the benefit of their technical expertise. Consultation: The matter was discussed at the June 2014 BFAC meeting by the DFES and DPaW officers and the Shire’s Fire Control Officers who all fully supported this motion which resulted in the following recommendation to Council; “That Council authorise the altering of the BFAC Charter to change the status of the representatives from The Department of Fire and Emergency Services and Department of Parks and Wildlife to non-voting members.”


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Statutory Obligations: The Bush Fire Act 1954 governs the appointment of Bush Fire Control Officers. Policy Implications: By changing the status of the departmental representatives to non-voting members removes the obligation for them to vote on matters in accordance with section 5.21 of the Local Government Act and clause 8.4 of the BFAC Charter. If this recommendation is approved by Council then a change to the BFAC Charter will be required. Budget / Financial Implications: There are no known financial implications upon either the Council’s current Budget or Long Term Financial Plan. 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:

Public Safety: ...work with relevant authorities and organisations to maintain a safe and secure environment for its residents and visitors.

Fire Management: ...work collaboratively with relevant agencies to maintain a high

level of planning, communication and infrastructure for effective fire and emergency management.

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 known social considerations relating to the report or officer recommendation. Comment/Conclusion: In order to avoid placing officers from DFES and DPaW in a situation that may result in a conflict of interest, but still retaining the benefit of their technical knowledge, it is recommended that the status of these officers on BFAC be changed from voting to non-voting. Voting Requirements: Simple majority.

COUNCIL RESOLUTION & OFFICER & COMMITTEE RECOMMENDATION

ITEM 9.1

MOVED: CR SEENEY SECONDED: CR ROWLAND

That Council authorise the CEO to alter the BFAC Charter to change the status of the representatives from the Department of Fire and Emergency Services and the Department of Parks and Wildlife to non-voting members.



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9.2 FIRE CONTROL OFFICER APPOINTMENTS FOR 2014/2015

File Ref: FIRE.1



Disclosure of Officer Interest: Author recommended for appointment as FCO

Date: 30 June 2014



Attachments: No

Summary:

Denmark Volunteer Bush Fire Brigades and the Bush Fire Advisory Committee (BFAC) have submitted their Annual General Meeting minutes outlining their recommendations for Fire Control Officers for 2014/2015. BFAC has recommended these senior brigade officers and staff and this item seeks endorsement from Council for the appointment of these persons.

Background: The following persons have been recommended for appointment as Fire Control Officers (FCO) for 2014/2015 at the Bush Fire Advisory Committee, held on the 5th June 2014. The Denmark Volunteer Fire and Rescue (VFRS) FCO nominations were not submitted prior to the BFAC meeting but these nominations have however since been provided. The Chief Bush Fire Control Officer has supported these nominations and recommended them to the Community Emergency Services Manager for referral to Council. These nominees have the support of the Denmark VFRS brigade, the Community Emergency Services Manager and the Chief Fire Control Officer.

Consultation: In January 2014 each Bush Fire Brigade was requested to submit a nomination for the position of Fire Control Officer at the June 2014 Bush Fire Advisory Committee meeting and these nominations were recommended by the Bush Fire Advisory Committee Meeting at its June 2014 meeting. Statutory Obligations: While the Captains, Lieutenants, Secretaries, Equipment Officers and the like are elected by brigades it is Council’s role to appoint Fire Control Officers under section 38(1) of the Bush Fires Act 1954. This section reads as follows: “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,” Policy Implications: There are policy implications in relation to Policy P050107 which identifies the number of Bush Fire Brigades within the Shire of Denmark and refers to the Committee Charter for reference as to the Bush Fire Advisory Committee structure.

Budget / Financial Implications: There are no known financial implications upon the Council’s current Budget or Long Term Financial Plan.

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

Public Safety: - Work with relevant authorities and organisations to maintain a safe and secure environment for its residents and visitors.

Sustainability Implications: Environmental: There are no known significant environmental considerations relating to the report or officer recommendation. Economic: There are no known significant economic considerations relating to the report or officer recommendation. Social: There are no known significant social considerations relating to the report or officer recommendation. 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 reason why the VFRS nominations have been referred direct to Council and not to the 5th June 2014 BFAC meeting is that the VFRS AGM was held on the 9th June and would have caused constraints involved in the development of the annual Fire Regulation Notice in that it would mean that the Denmark Town FCO positions would have been left blank. The list below contains the persons recommended for appointment as Fire Control Officer within the Shire of Denmark. Voting Requirements: Simple majority. COMMITTEE RECOMMENDATION ITEM 9.2

That Council appoint the following persons as Fire Control Officers for 2014/2015, as recommended by the Bush Fire Advisory Committee at its June 2014 Annual General Meeting.

Denmark Shire and BFAC recommended Fire Control Officers

CESM Nathan Hall Senior Ranger Charmaine Shelley Ranger David Lonie

BFAC nominated and recommended Fire Control Officers

Chief Fire Control Officer Graeme Thallon Deputy Chief Fire Control Officer Ross McDougall Fire Weather Officer Adrian Kranendonk

Bush Fire Brigade nominated and BFAC recommended Fire Control Officers

Carmarthen Leslie Baines Denmark East Christopher Hoare Harewood Michael Hills Hazelvale Alex Williams Kordabup Bruce Pringle


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Mehniup Colin Tindale Mt Lindesay Malcolm Hick Nornalup Jean-Marc Merat Ocean Beach Derek (Joe) Baker Owingup Samantha Blythe Parryville Kevin Hard Peaceful Bay Ivars Sulcs Scotsdale Arthur (Sid) Marshall Shadforth Peter Mildwaters 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 Donald Atkinson

The reason that an alternative recommendation has been listed is that the current Community Emergency Services Manager Nathan Hall, will be ending his employment with the Shire of Denmark on the 25 July 2014. As such his name will need to be removed from the list of officers to be appointed as Fire Control Officers. As the Community Emergency Services Manager position has to be appointed as a Fire Control Officer as per their employment with the Shire, the new candidate will need to be gazetted as a Fire Control Officer at the start of their employment with the Shire.


30

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

That Council appoint the following persons as Fire Control Officers for 2014/2015, as recommended by the Bush Fire Advisory Committee at its June 2014 Annual General Meeting.

Denmark Shire Fire Control Officers

CESM Vacant Senior Ranger Charmaine Shelley Ranger David Lonie

BFAC Appointments

Chief Fire Control Officer Graeme Thallon Deputy Chief Fire Control Officer Ross McDougall Fire Weather Officer Adrian Kranendonk

Bush Fire Brigade Fire Control Officers

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

Volunteer & Rescue Service Fire Control Officers

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



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9.3 BUSH FIRE ADVISORY COMMITTEE - FIRE REGULATION NOTICE 2014/2015

File Ref: FIRE.1

Applicant / Proponent: Bush Fire Advisory Committee



Date: 30 June 2014



Attachments: 9.3 – 2013/2014 Fire Regulation Notice

Summary:

This report details and recommends that Council support the Bush Fire Advisory Committee’s (BFAC's) recommendation from its meeting of 5 June 2014 that the 2014/2015 Fire Regulation Notice be in the format of the 2013/2014 Notice with only minor alterations.

Background: Due to the current review of the Emergency Services Acts, development of State Planning Policy 3.7 “Planning for Bushfire Risk Management”, and the drafting of the document Planning for Bush Fire Risk Management Guidelines, no major alterations are envisioned for the 2014/15 Fire Regulation Notice as the outcomes of those matters are unknown.

Small changes included;

reviewing the dates and contact details in the Fire Regulation Notice; and

accommodating a recent suggestion from Fire Control Officers that email addresses be included in the Shire’s Fire Regulation Notice to allow for an alternative method of receiving requests for and the issuing of permits.

It has been suggested that Fire Control Officers that wanted to consider this option could

be assisted in creating a new position orientated Hotmail address, such as [email protected] or [email protected], which could be utilised by current and future officers to obtain requests and send permits via the internet rather than making costly phone calls to mobiles etc.

Another benefit of permits being sent via the internet is that people will be able to readily

receive their permits once they have been scanned and sent by the Fire Control Officer as it has been found that some people are not collecting their permit once it had been written. This may result in people not complying with or remembering the conditions that have been placed on the permit.

As such it has been identified that on page 5 of the current Fire Regulation Notice that

the column titled UHF call sign could be replaced with the email addresses of Fire Control Officers that wanted to utilise this option. As the general public do not have access to the WAERN radio network, knowing a Fire Control Officers call sign is superfluous and that space could accommodate email addresses.

As previously mentioned, the use of email addresses for receiving permit requests and

sending permits via the internet is not compulsory and will only to be undertaken by Fire Control Officers that wish to utilise this option. At the 5 June 2014 Bush Fire Advisory Committee meeting, the following motion was carried;

mailto:[email protected]

mailto:[email protected]


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“That the Committee recommends to Council that; 1. Due to the current review of the Emergency Services Acts, development of State

Planning Policy 3.7 “Planning for Bushfire Risk Management” and the drafting of the document Planning for Bush Fire Risk Management Guidelines no major alterations are undertaken for the 2014/15 Fire Regulation Notice.

2. That minor alterations to the 2014/15 Fire Regulation Notice are undertaken and include; a. Updating of dates to match the current year, b. Updating of Fire Control Officer positions and contact details, and c. Removal of UHF call signs for Fire Control Officers on page 5 of the Notice

and replacing it with the email addresses of Fire Control Officers who wish to have them listed.”

Consultation: This recommendation is proposed by the Bush Fire Advisory Committee. Statutory Obligations: The Fire Regulation Notice is prepared and issued pursuant to Section 33 of the Bush Fires Act 1954. Policy Implications: There are no policy implications. Budget / Financial Implications: There are no known financial implications upon either the Council’s current Budget or Long Term Financial Plan. 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.

Public Safety: ...work with relevant authorities and organisations to maintain a safe and secure environment for its residents and visitors. Fire Management: ...work collaboratively with relevant agencies to maintain a high level of planning, communication and infrastructure for effective fire and emergency management. 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.


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Comment/Conclusion: There are no major alterations identified for the 2014/2015 Fire Regulation Notice, however minor alterations are suggested to ensure that the information in the Fire Regulation Notice is current and the recommendation to remove the UHF call signs for Fire Control Officers on page 5 of the Notice and replacing these with the email addresses of Fire Control Officers who wish to have them listed, which will assist the public in seeking permits.

Voting Requirements: Simple majority

COUNCIL RESOLUTION & COMMITTEE & OFFICER RECOMMENDATION

ITEM 9.3

MOVED: CR SEENEY SECONDED: CR OSBORNE

That with respect to the Fire Regulation Notice for the 2014/15 season, Council; 1. Note that due to the current review of the Emergency Services Acts, development

of State Planning Policy 3.7 “Planning for Bushfire Risk Management” and the drafting of the document Planning for Bush Fire Risk Management Guidelines no major alterations are undertaken for the 2014/15 Fire Regulation Notice.

2. Approve minor alterations to the 2014/15 Fire Regulation Notice as follows; a. Updating of dates to match the current year, b. Updating of Fire Control Officer positions and contact details, and c. Removal of UHF call signs for Fire Control Officers on page 5 of the Notice

and replacing these with the email addresses of Fire Control Officers who wish to have them listed.


10. MATTERS BEHIND CLOSED DOORS

Nil

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

MEETING Nil

12. CLOSURE OF MEETING 4.54pm – There being no further business to discuss the Shire President, Cr Thornton, declared the meeting closed.

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

Signed: ________________________________________________________________

Dale Stewart – Chief Executive Officer

Date: _________________________ These minutes were confirmed at the meeting of the Signed:

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

ordinary meeting of council · ordinary meeting of council 8 july 2014 3 1. declaration of...

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