MINUTES Ordinary Council Meeting - Shire of Denmark

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MINUTES Ordinary Council Meeting - Shire of Denmark
Shire of Denmark

    Ordinary
     Council
    Meeting
MINUTES
   16 March 2021

HELD IN THE COUNCIL CHAMBERS, 953 SOUTH COAST
HIGHWAY, DENMARK ON TUESDAY, 16 MARCH 2021.

              Contact Us
              953 South Coast Highway, Denmark WA 6333

              Correspondence to:
              Post Office Box 183, DENMARK WA 6333

              Phone: (08) 9848 0300
              Email: enquiries@denmark.wa.gov.au
              Website: www.denmark.wa.gov.au
              Facebook: shireofdenmark
MINUTES Ordinary Council Meeting - Shire of Denmark
Strategic Community Plan (snapshot)
MINUTES Ordinary Council Meeting - Shire of Denmark
Table of Contents
1.     DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ......................................... 5
2.     RECORD OF ATTENDANCE/APOLOGIES/APPROVED LEAVE OF ABSENCE .................. 5
3.     DECLARATIONS OF INTEREST ............................................................................................ 5
4.     ANNOUNCEMENTS BY THE PERSON PRESIDING ............................................................. 5
5.     PUBLIC QUESTION TIME ...................................................................................................... 6
     5.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ........................ 6
       5.1.1 MR TONY PEDRO – FIRE MITIGATION WORK, HERITAGE TRAIL ............................. 6
     5.2 PUBLIC QUESTIONS ....................................................................................................... 6
     5.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN .................... 7
     5.4 PRESENTATIONS, DEPUTATIONS & PETITIONS .......................................................... 7
     5.4.1    DENMARK LIONS CLUB .............................................................................................. 8
6.     APPLICATIONS FOR FUTURE LEAVE OF ABSENCE.......................................................... 8
7.     CONFIRMATION OF MINUTES .............................................................................................. 8
     7.1     ORDINARY COUNCIL MEETING – 16 FEBRUARY 2021 ................................................ 8
     7.2     STRATEGIC BRIEFING NOTES – 16 FEBRUARY 2021 .................................................. 8
8.     ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ........ 8
       8.1  SUPPORT WA FOREST ALLIANCE POLICY POSITION IN ADVOCATING FOR THE
       PROTECTION OF HIGH CONSERVATION VALUE FORESTS .............................................. 8
       8.2  ENDORSEMENT OF RODENTICIDE ACTION GROUP’S OWL FRIENDLY DENMARK
       REGION CAMPAIGN............................................................................................................... 9
9.     REPORTS OF OFFICERS..................................................................................................... 11
9.1 DIRECTOR ASSETS AND SUSTAINABLE DEVELOPMENT .............................................. 11
       9.1.1 SUSTAINABLILITY STRATEGY AND ACTION PLAN................................................. 11
9.2 DIRECTOR CORPORATE AND COMMUNITY SERVICES .................................................. 15
       9.2.1 FINANCIAL STATEMENTS FOR THE PERIOD ENDED 31 JANUARY 2021 ............. 15
       9.2.2 LIST OF PAYMENTS FOR THE PERIOD ENDING 31 JANUARY 2021 ..................... 18
       9.2.3 INVESTMENT REPORT FOR THE PERIOD ENDED 31 JANUARY 2021 .................. 19
9.3 CHIEF EXECUTIVE OFFICER .............................................................................................. 22
       9.3.1 DISABILITY SERVICES ADVISORY COMMITTEE - MEMBERSHIP .......................... 22
       9.3.2 PUBLIC HEALTH PLAN WORKING GROUP .............................................................. 25
10. COMMITTEE REPORTS AND RECOMMENDATIONS ......................................................... 29
       10.1     2019/20 ANNUAL REPORT & ANNUAL ELECTORS MEETING ................................ 29
       10.2     2020 COMPLIANCE AUDIT RETURN ........................................................................ 31
11. MATTERS BEHIND CLOSED DOORS ................................................................................. 33
       11.1      APPOINTMENT OF CHIEF EXECUTIVE OFFICER .................................................. 34
12. NEW BUSINESS OF AN URGENT NATURE ........................................................................ 35
13. CLOSURE OF MEETING ...................................................................................................... 35
Ordinary Meeting of Council                                                                          16 March 2021

         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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Ordinary Meeting of Council                                                                      16 March 2021

                   1. DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

         4.00pm – The Shire President, Cr Gearon, declared the meeting open.

         Cr Gearon acknowledged the land on which the meeting was being held and the traditional
         custodians of the land, the Bibbulmun and Minang people.

         Cr Gearon stated that she would also like to show her respect for Elders past, present and emerging.

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

                   MEMBERS:
                   Cr Ceinwen Gearon (Shire President)
                   Cr Mark Allen (Deputy Shire President)
                   Cr Geoff Bowley
                   Cr Kingsley Gibson
                   Cr Jan Lewis
                   Cr Ian Osborne
                   Cr Janine Phillips
                   Cr Roger Seeney
                   Vacant

                   STAFF:
                   Mr David Schober (Acting Chief Executive Officer)
                   Mr David King (Director Assets & Sustainable Development)
                   Mr Lee Sounness (Acting Director Corporate & Community Services)
                   Ms Claire Thompson (Governance Coordinator)
                   Mrs Marcia Chamberlain (Co-ordinator Employee Support & Culture)
                   Ms Lisa Sanders (Executive Support Officer)

                   APOLOGIES
                   Nil

                   ON APPROVED LEAVE(S) OF ABSENCE
                   Nil

                   ABSENT
                   Nil

                   VISITORS
                   Denmark Lions Club – Ms Belinda Rowland & Mr Warrick Gates

                   3. DECLARATIONS OF INTEREST

                    Name              Item No       Interest        Nature
                    Cr Allen          9.2.2         Financial       Financial Interest in MCC Contractors

                   4. ANNOUNCEMENTS BY THE PERSON PRESIDING
                   Nil

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Ordinary Meeting of Council                                                                             16 March 2021

                   5. PUBLIC QUESTION TIME

                   5.1 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

                   5.1.1 MR TONY PEDRO – FIRE MITIGATION WORK, HERITAGE TRAIL
                         At the meeting held on 16 February 2021 Mr Pedro raised concerns about the clearing
                         of vegetation. Mr Pedro’s remarks were taken on notice and the Acting CEO has
                         provided the following written response to Mr Pedro’s concerns.

                              “In response to Mr Pedro’s concerns the CEO coordinated a site meeting with the
                              Denmark Environment Centre, South Coast Bush Carers, Councillors, staff and the
                              contractor. The meeting took place on Tuesday 23 February 2021. All stakeholders
                              agreed the work being carried out is necessary to maintain the strategic fire access
                              track and that appropriate and due care has been taken with appropriate safeguards in
                              place.

                              Mr Pedro is a member of the Denmark Environment Centre and the members will relay
                              correct information to Mr Pedro relating to the site meeting.”

                   5.2 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

                   5.2.1       Ms Anna Ramrath – Item 8.1 Support the WA Forest Alliance Policy
                               Ms Ramrath stated that she supported Cr Seeney’s motion and asked what the
                               advocacy would look like.
                               Cr Seeney advised that it would include letters to the State and Federal
                               Governments and looking into what actions the Shire of Margaret River-Augusta had
                               taken.

                   5.2.2       Mr Geoff Evans – Item 8.2 Endorsement of Rodenticide Action Groups
                               Owl Friendly Denmark Region Campaign
                               Mr Evans, from the Denmark Environment Centre, said that he supported Cr Lewis’
                               motion and advised that the decline in Boobook Owl populations in the South West
                               had been discovered through a University study. Mr Evans provided information on
                               first and second generation rodenticides and advised that the Denmark Environment
                               Centre would be hosting a community information workshop for anyone that wanted
                               further information.
                               Cr Bowley asked the Acting Chief Executive Officer whether there would be any
                               financial impact on the Shire if the Council supported the motion.
                               Mr Schober advised that whilst they had not explored the full extent of the Shire’s
                               baiting program, he was confident that using one solution over another would not
                               negatively impact the Shire’s budget.

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Ordinary Meeting of Council                                                                              16 March 2021

                   5.2.3      Mr Donald Clarke – Item 9.1.1 Sustainability Strategy and Action Plan
                              Mr Clarke commended the Shire for the Sustainability Strategy and referenced the
                              Action Plan Evaluation Process. Mr Clarke said that he believed that many of the
                              measurements of successful would be actually unmeasurable which could give the
                              plan the appearance of a ‘token effort’ by the Shire.

                              Cr Lewis acknowledged Mr Clarke’s comments stating that the Working Group were
                              aware that there was still some work to be done. Cr Lewis’ said that she felt that it
                              was important to bring the plan to Council at this time so that the actions could be
                              considered in the upcoming budget deliberations.

                   5.2.4      Mr Tony Pedro – Fire Mitigation and Burning Permits
                              Mr Pedro referred to the last meeting where he had raised concerns over the
                              clearing of the Heritage Trail for fire mitigation purposes. Mr Pedro said that for a
                              long time he had been interested in fire safety and read out a paper which he had
                              once written regarding prescribed burning. Mr Pedro said that he believed that
                              mitigation funding should be re-directed to measures to assist put out fires instead.

                              The Acting Chief Executive Officer noted Mr Pedro’s comments and referred to a
                              query that he had made prior to the meeting regarding burning permits. Mr Schober
                              advised that five Fire Control Officers, including the Chief and Deputy Fire Control
                              Officers, had made the decision to allow burning permits at this time of year.

                              Cr Allen said that he appreciated Mr Pedro’s passion however believed that
                              mitigation measures were imperative to protect life and property. Cr Allen added
                              that as the Chair of the Bushfire Advisory Committee, he understood that there were
                              also sympathetic mitigation measures which were being used.

                   5.2.5      Mr Mike Travers – Local Planning Scheme Review & Sustainability Strategy
                              Mr Travers asked why the Local Planning Scheme review was taking so long.

                              The Director Assets & Sustainable Development responded that typically scheme
                              reviews could take around three years, particularly when local governments needed
                              to work with other government departments. Mr King added that Shire Officers had
                              also been going through a more thorough and rigorous consultation process which
                              was more than what was required by legislation.

                              Mr Travers said that the believed the Sustainability Strategy was well overdue and
                              hoped that the Shire would treat the document and the actions therein as priorities.

                              The Shire President acknowledged that both matters were, and had, taken some
                              time however noted that both projects had been impacted by the pandemic and
                              required re-deployment of employees during parts of 2020.

                   5.2.6      Ms Julie Marsh – Item 8.1 & 8.2 - Forest Alliance & Sustainability Strategy
                              Ms Marsh stated that she supported Cr Seeney’s motion.

                              Ms Marsh said that she hoped the Sustainability Strategy and Action Plan would be
                              a priority for the Shire.

                   5.3 QUESTIONS BY MEMBERS OF WHICH DUE NOTICE HAS BEEN GIVEN
                       Nil.

                   5.4 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

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Ordinary Meeting of Council                                                                           16 March 2021

                         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.

                         5.4.1     DENMARK LIONS CLUB
                                   Mrs. Belinda Rowland and Mr. Warrick Clarke, representatives of the
                                   Denmark Lions Club, provided an overview and update on their activities in
                                   Denmark.

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

                    COUNCIL RESOLUTION                                                           ITEM 6.1
                    MOVED: CR SEENEY                                                 SECONDED: CR GIBSON
                    That Cr Allen be granted leave of absence for the meeting to be held 20 April 2021
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                              Res: 010321

                    COUNCIL RESOLUTION                                                          ITEM 6.1
                    MOVED: CR ALLEN                                                SECONDED: CR GIBSON
                    That Cr Osborne be granted leave of absence for the meeting to be held 15 June 2021
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                             Res: 020321

                   7. CONFIRMATION OF MINUTES

                   7.1 ORDINARY COUNCIL MEETING – 16 FEBRUARY 2021

                    COUNCIL RESOLUTION                                                           ITEM 7.1
                    MOVED: CR PHILLPS                                               SECONDED: CR BOWLEY
                    That the minutes of the Ordinary Meeting of Council held on the 16 February 2021 be
                    CONFIRMED as a true and correct record of the proceedings.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                              Res: 030321
                   7.2 STRATEGIC BRIEFING NOTES – 16 FEBRUARY 2021

                    COUNCIL RESOLUTION                                                            ITEM 7.2
                    MOVED: CR SEENEY                                                   SECONDED: CR ALLEN
                    That the Notes from the Strategic Briefing Forum held on the 16 February 2021 be
                    RECEIVED.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                              Res: 040321

                   8. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN
                   8.1  SUPPORT WA FOREST ALLIANCE POLICY POSITION IN ADVOCATING FOR
                   THE PROTECTION OF HIGH CONSERVATION VALUE FORESTS
                   The following Notice of Motion was received by the Chief Executive Officer in writing from
                   Cr Seeney on the 25 February 2021 and therefore complies with the Shire of Denmark
                   Standing Orders Local Law clause 3.9.
                   Officer Comment:
                   This notice of motion is consistent with the following resolutions and objectives of Council;

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Ordinary Meeting of Council                                                                         16 March 2021

                   ➢ Declaration of a climate emergency (res. 030919)
                   ➢ Community Vision “A happy, healthy and eclectic community that embraces creativity,
                     celebrates the natural environment and is invested in a strong local economy”.
                   ➢ Strategic Community Plan – Aspiration “Our natural environment is highly valued and
                     carefully managed to meet the needs of our community, now and in the future”.

                   Officers believe there are no financial impacts relating to this motion.

                   The Acting Chief Executive Officer supports the Councillors motion.

                    CR SEENEY’S MOTION                                                               ITEM 8.1
                    That Council;
                       1. SUPPORT the West Australian Forrest Alliance (WAFA) position to advocate for;
                          a) The immediate protection of high conservation value forests from logging and
                              clearing;
                          b) A transition of the timber industry to plantations and farm forestry; and
                          c) Amending the next 10-year Forest Management Plan to a 10-year Forest
                              Conservation Plan;
                       2. ADVOCATE for the inclusion of all relevant stakeholders to achieve the objectives
                          of point 1 above.

                    COUNCIL RESOLUTION                                                            ITEM 8.1
                    MOVED: CR SEENEY                                                  SECONDED: CR LEWIS
                    That Council;
                       1. SUPPORT the West Australian Forest Alliance (WAFA) position to advocate for;
                          a) The immediate protection of high conservation value forests from logging and
                              clearing;
                          b) Completion of the transition of the timber industry to plantations and farm
                              forestry; and
                          c) Drafting the next 10-year Forest Management Plan as a 10-year Forest
                              Conservation Plan;
                       2. ADVOCATE for the inclusion of the Bibbulmun/Noongar custodians and all other
                          relevant stakeholders to achieve the objectives of point 1 above.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                            Res: 050321

                   REASONS FOR CHANGE
                   Provide clarity that the transition to plantations from farm forestry has already commenced
                   and the 10-year Forest Management Plan would be a new plan not an amendment of the
                   existing one. Include specific reference to including Indigenous consultation.

                   8.2 ENDORSEMENT OF RODENTICIDE ACTION GROUP’S OWL FRIENDLY
                   DENMARK REGION CAMPAIGN

                   The following Notice of Motion was received by the Chief Executive Officer in writing from
                   Cr Lewis on the 24 February 2021 and therefore complies with the Shire of Denmark
                   Standing Orders Local Law clause 3.9.

                   The Denmark Environment Centre (DEC) is currently raising awareness about the impacts
                   of second generation anticoagulant rodenticides (SGARs) on raptors and many other birds
                   and mammals.

                   In the past poisoning of fauna was less of an issue as products were based on ‘first
                   generation anticoagulants’ such as warfarin and coumatetralyl. These baits need to be

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Ordinary Meeting of Council                                                                        16 March 2021

                   eaten in several meals to be fatal as they often can be metabolised when ingested through
                   secondary pathways.

                   Owl Friendly Denmark Region is a volunteer project of the DEC which aims to tackle the
                   unintentional poisoning of nocturnal birdlife and other fauna by SGAR. Edith Cowan
                   University researcher Mike Lohr found that Boobook owls are succumbing to secondary
                   poisoning from eating rats and mice that have died from taking baits (SGAR).

                   Source: Anticoagulant rodenticide exposure in an Australian predatory bird increases with
                   proximity to developed habitat. Michael T Lohr, School of Science, Edith Cowan University
                   2018.

                   In the Margaret River region three dead Masked Owls were sent for testing. All three
                   proved to have high rodenticide exposure with one at near lethal levels.

                   Further information published by the Society for the Preservation of Raptors (Inc.) can be
                   found at www.raptor.org.au/factsheetpests.pdf
                   Margaret River - Augusta region is now 'Owl Friendly' and further information can be found
                   at their website: www.owlfriendly.org.au.
                   The DEC hope to gain similar council and community support in Denmark.
                   The following vision statement was adopted by the DEC at its meeting on the 18th February
                   2021:

                   “That the Denmark Region is a safe haven for owls and other wildlife from rodenticide
                   poisoning.”
                   Should Council choose to endorse the Rodenticide Action Group’s Owl Friendly Denmark
                   Region Campaign vision, we would be the second in WA, and first in the Great Southern
                   Region.
                   Officer Comment:
                   Officers believe there are no financial impacts relating to this motion.

                    COUNCIL RESOLUTION                                                            ITEM 8.2
                    MOVED: CR LEWIS                                                   SECONDED: CR GIBSON
                    That Council:
                       1. ENDORSE the Rodenticide Action Group’s Owl Friendly Denmark Region
                          Campaign vision ‘that the Denmark Region is a safe haven for owls and other
                          wildlife from rodenticide poisoning' by:
                       2. ELIMINATE second generation anticoagulant rodenticides, where possible, within
                          the Shire’s areas of responsibility and influence.
                       3. SUPPORT Rodenticide Action Group’s community engagement activities to
                          educate the community.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                           Res: 060321

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Ordinary Meeting of Council                                                                                 16 March 2021

                   9. REPORTS OF OFFICERS
                   9.1        DIRECTOR ASSETS AND SUSTAINABLE DEVELOPMENT
                   9.1.1      SUSTAINABLILITY STRATEGY AND ACTION PLAN

                    File Ref:                         PLN.84
                    Applicant / Proponent:            Not Applicable
                    Subject Land / Locality:          Not Applicable
                    Disclosure of Officer Interest:   Nil
                    Date:                             24 February 2021
                    Author:                           Yvette Caruso, Sustainability Officer
                    Authorising Officer:              David King, Director Assets and Sustainable Development
                    Attachments:                      9.1.1a - Draft Shire of Denmark Sustainability Strategy
                                                      9.1.1b - Action Plan
                                                      9.1.1c - Community Consultation Findings Report

                   Summary:
                   The Shire of Denmark Sustainability Strategy (2021-2031) (the Strategy) has been developed
                   as a means to guide the Shire’s future vision for sustainable management of internal Shire
                   operations as well as a broader guide for facilitating sustainable development initiatives within
                   the Denmark community. This report seeks for Council to adopt the Strategy.

                   Background:
                   The inception of the Sustainability Strategy was derived from Council Resolution No. 181117
                   in November 2017 whereby the Sustainability Strategy Working Group (SSWG) was
                   established with the objective: “to develop a Sustainability Strategy for the Shire of Denmark
                   at a corporate level.”

                   Following this, Council made a commitment in September 2019 Council Resolution
                   No.030919 to:

                         •    endorse WALGA’s Policy Statement on Climate Change (July 2018)
                         •    declare a state of climate emergency
                         •    adopt The Paris Agreement Green House Gas emission targets, specifically:
                                   i. 50% reduction on Shire of Denmark GHG emissions by 2030
                                  ii. Zero GHG emissions for all Shire of Denmark operations and activities by
                                      2050

                   The resolution also requested the Sustainability Working Group to incorporate a detailed
                   response to climate change into its Sustainability Strategy and associated action plan as a
                   matter of priority, including the establishment of organisational greenhouse gas (GHG)
                   reduction targets, with the aim of providing recommendations to council within 12 months.
                   The Sustainability Strategy is the means by which the Shire can balance economic, social
                   and environmental factors and set out key environmental priorities for the future to aid in
                   meeting these targets. The SSWG determined to use BioRegional’s One Planet Living
                   framework with its ten sustainability pillars, endorsed as one of five clear and robust
                   frameworks by WALGA (WALGA’s Sustainability Frameworks Review and Comparative
                   Analysis, 2018). The ten pillars provide a holistic view that will help guide sustainable
                   governance principles, Shire operations, and community-oriented initiatives.
                   Consultation:
                   Community consultation on the development of the Strategy involved engagement with
                   various aspects of the community through a variety of mediums including interactive
                   workshops and surveys.

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Ordinary Meeting of Council                                                                          16 March 2021

                   Five workshops were conducted throughout the Sustainability Strategy development
                   process; three involving the SSWG from inception through to draft strategy review, and two
                   additional interim workshops which were aimed at gaining information and feedback from
                   various directorates from internal Shire staff. A community online survey was conducted with
                   the public invited to comment over a five month period from July to December 2020.

                   The Denmark Senior High School was approached to gain their input, through a class
                   workshop and a hard copy of the survey, as well as via an online survey.

                   Key stakeholder groups were also directly targeted and emailed the link to the online survey
                   to gain comments and feedback from representative groups from within the Denmark
                   community. The findings of the consultation process culminated in the development of the
                   Community Consultation Findings Report (2021) which is provided as attachment 9.1.1c.

                   Statutory Obligations:
                   There are no statutory obligations associated with this report

                   Policy Implications:
                   There are no direct Policy implications associated with this report.
                   However, there are a number of actions in the proposed Action Plan that relate to the review
                   and update of Shire Policies and Town Policies to encourage best sustainable practice.

                   Budget / Financial Implications:
                   The Strategy identifies overarching principles that support the development and
                   implementation of actions within the associated Sustainability Action Plan.

                   The actions will be identified and committed within the four year Corporate Business Plan as
                   well as through the annual budget and Operational Plans.

                   Strategic & Corporate Plan Implications:
                   Denmark 2027
                   N2.0         Our Natural Environment
                                Our Natural Environment is highly valued and carefully managed to meet the
                                needs of our community now and in the future

                                  N2.1 To preserve and protect the natural environment
                                  N2.2 To promote and encourage responsible development
                                  N2.3 To reduce human impact on natural resources, reduce waste and
                                  utilise renewable energy
                                  N2.4 To acknowledge and adapt to climate change

                   Sustainability Implications:
                   ➢ Governance:
                   The Strategy is intended as a guide for sustainable management of internal Shire operations,
                   as well as a broader guide for facilitating sustainable development initiatives within the
                   Denmark community.

                   ➢ Environmental:
                   Environmental implications include valuing land and nature through adopting the principle
                   of protecting and enhancing our natural systems that are vital to the sustainability of the
                   local community.
                   ➢ Economic:
                   The Strategy identifies equity and local economy as one of the ten sustainability pillars, and
                   recognises the value of the local economy and optimisation of community benefit through
                   sustainable investment.

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                   ➢ Social:
                   The Strategy espouses health and happiness and the long-term health and well-being of the
                   community as one of its primary sustainability pillars; along with valuing the community’s
                   cultural knowledge.

                   ➢ Risk:
                                         Risk Likelihood
                                            (based on                        Risk Rating                 Risk Action Plan
                                         history and with                     (Prior to                    (Controls or
                                             existing       Risk Impact /   Treatment or    Principal       Treatment
                           Risk              controls)      Consequence       Control)     Risk Theme       proposed)
                     By not having a
                     Strategy there is
                           less                                                             Inadequate
                      organisational                                                          Natural
                      integration for                                                      Environ.Man
                        sustainable                                                          agement      Accept Officer
                        outcomes            Likely (4)      Moderate (3)    High (10-16)     Practices   Recommendation

                   Comment/Conclusion:
                   The Strategy (Attachment 9.1.1a) aims to achieve best practice through the identification of
                   key principles and objectives aligned with ten sustainability pillars to direct decision-making
                   into the future. The Action Plan (Attachment 9.1.1b) outlines specific actions under each
                   sustainability pillar, with a corresponding directive, responsibility, resourcing commitment,
                   priority setting and key performance indicator by which to gauge a measure of success. The
                   Strategy will incorporate a minor review at five years, with a major review cycle on a ten year
                   basis. The Action Plan is intended as a dynamic document with actions identified and
                   implemented through the annual operational planning process.

                   The Working Group discussed the targets set by Council: being a 50% reduction on Shire of
                   Denmark Greenhouse Gas (GHG) emissions by 2030 and zero GHG emissions for all Shire
                   of Denmark operations and activities by 2050. With ever changing technologies, and other
                   external factors, it would be inappropriate to suggest alternate targets for the Shire of
                   Denmark. As such it is recommended that these targets remain and appear in the Strategy.

                   As a result, the target of 50% reduction of GHG emissions sits within the life of the document.
                   The Action Plan identifies a number of items to begin to address this target. However, in
                   order for us to measure and report on this target, a baseline needs to be set. This is an action
                   in the plan that requires consideration of resourcing in the 2021/22 annual budget process.

                   As previously identified, the Strategy provides high level holistic view that will help guide
                   sustainable governance principles, Shire operations and community-oriented initiatives. The
                   Action Plan identifies specific tasks that should be considered to achieve improved
                   sustainability.

                   A possible criticism of the action plan worth discussing, is its lack of SMART (Specific,
                   Measurable, Achievable, Realistic, Time Bound) actions. A key consideration of this is the
                   human and cash resourcing required to achieve outcomes. For an action to be achievable,
                   realistic and time bound it’s resourcing needs to be considered in longer term planning. The
                   Shires current integrated planning framework documents that relate to resourcing (Long
                   Term Financial Plan, Corporate Business Plan) have not considered the Sustainability
                   Strategy as one does not currently exist. As such, achievable, realistic and time bound
                   actions cannot be considered. To address this concern short term, it is proposed that shire
                   officers consider sustainability outcomes through the 2021/22 annual budget process,
                   including Councillor workshops. Through this process, resourcing can be considered and
                   actions converted to SMART actions once resourcing is committed. Longer term, it is
                   proposed that actions are considered across the four-year timeframe of the Corporate

                                                                                                                        13
Ordinary Meeting of Council                                                                           16 March 2021

                   Business Plan and integrated into the Shire resource planning. Again, this will allow actions
                   to be planned and provide a higher level of confidence to generate SMART goals.

                   For an action to be specific and for measures to be set, the opportunities for what it could
                   achieve are limited. Where possible, actions have been included to address a specific issue.
                   However, they remain broad to enable officers to be innovative and adapt to technologies,
                   trends and external initiatives that may shape actions as we progress into the future.
                   As such it is recommended that Council adopt the Sustainability Strategy to guide officers in
                   the current development of the annual budget, corporate business plan and long term
                   financial plan.

                   In turn, as the maturity of Councils corporate planning documents improves, the Action Plan
                   can develop with maturity also.

                   Voting Requirements:
                   Simple majority.

                    COUNCIL RESOLUTION & OFFICER RECOMMENDATION             ITEM 9.1.1
                    MOVED: CR LEWIS                             SECONDED: CR GIBSON
         Cr Lewis spoke to the Motion and requested that her words be recorded which were as follows;

         “As Chair of this long running Working Group I’d like to take this opportunity to sincerely thank the
         community members who have invested their time and passion into this project ..... it has been a pleasure
         to work alongside you to develop what is, a considerable body of work.

         If adopted by Council today, these documents will help guide our organisation and to some extent our
         community, along a tenable and more sustainable path. We live here because we love the stunning
         natural environment that surrounds us and the intrinsic ’feel’ of the place and, it’s my hope that the Key
         Principles & Objectives of the Strategy, which cover almost all aspects of our lives from culture and
         community and the local economy to issues such as waste and our carbon footprint, will help to ensure
         that Denmark remains a place that people can live and enjoy for generations to come.

         I acknowledge that these documents are not perfect, and that given another few months they could have
         been improved upon, however it was agreed by the group to bring them to Council in time for the Action
         Plan to be considered in the upcoming budget deliberations - we all felt that it was important to begin to
         concentrate on ‘actions’ rather than getting the ‘words’ right.

         I’d like to thank all the officers who have been a part of this journey. Bohdan Davies who got us started
         before being promoted to Manager of Waste Services, Damian Schwarzbach who’s considerable efforts
         focused us on a steady path and Yvette Caruso who has worked tirelessly to pull the whole project
         together in time for today’s meeting.

         Finally heartfelt thanks to David King, the Director of Assets & Sustainable Development for putting his
         trust in me and accepting my input and suggestions into the formatting of the workshops. To the best of
         my knowledge, “Dialogue Walks” and “Model Building Sessions“ have never featured in our workshops
         before, and I hope you have no regrets in your decision to allow me to run with them!

         Councillors, this is one of the most important motions I’ve had the privilege to move in my nine years as
         an elected member; I ask you to support it and hope that you can do so wholeheartedly.”

                    That Council:
                       1. ADOPT the Shire of Denmark Sustainability Strategy (2021-2031)
                       2. SUPPORT the associated Sustainability Action Plan to assist in the delivery of
                          sustainability activities through Operational Plans.
                       3. REQUEST the CEO to include an allocation of time in the 2021/22 budget workshops
                          to understand action plan deliverables for 21/22 financial year.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                               Res: 070321

                                                                                                                 14
Ordinary Meeting of Council                                                                                  16 March 2021

                   9.2        DIRECTOR CORPORATE AND COMMUNITY SERVICES
                   9.2.1      FINANCIAL STATEMENTS FOR THE PERIOD ENDED 31 JANUARY 2021

                    File Ref:                         FIN.1
                    Applicant / Proponent:            Not applicable
                    Subject Land / Locality:          Not applicable
                    Disclosure of Officer Interest:   Nil
                    Date:                             25 February 2021
                    Author:                           Scott Sewell, Accountant
                    Authorising Officer:              Lee Sounness, Acting Director Corporate & Community Services
                    Attachments:                      9.2.1 – January 2021 Monthly Financial Report

                   Summary:
                   The attached financial statements and supporting information for the period ending 31
                   January 2021 are presented for the consideration of Elected Members.
                   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 Rate Book, including outstanding debtors and the raising of interim
                         rates.
                   •     Reconciliation of all assets and liabilities, including payroll, taxation and other 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:
                   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 by legislation to undertake a mid-year review of the
                   Municipal Budget to ensure that income and expenditure is in keeping with budget forecasts.
                   It should be noted that the budget is monitored by management on a monthly basis in
                   addition to the requirement for a mid-year review. Furthermore, in line with a commitment
                   provided by the executive team as part of the budget adoption process and the ongoing
                   management of the impacts of COVID with its potential to affect the operation of Council
                   provided services and facilities at any time, a quarterly review of the budget performance
                   was undertaken for the financial period ended 30 September 2020 as previously presented
                   to Council, this required all Managers and responsible officers to review all aspects of the
                   activities included within the budget which relate to areas under their control. The attached
                   statements are prepared in accordance with the requirements of the Local Government Act
                   1995 (s.5.25(1)) and the Local Government (Financial Management) Regulations 1996.
                   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 adopted a variance of 10% or greater of
                   the annual budget for each program area in the budget, as a level that requires an explanation
                   or report, with a minimum dollar variance of $10,000.
                   The material variance is calculated by comparing budget estimates to the end of month actual
                   amounts of expenditure, revenue and income to the end of the month to which the financial
                   statement relates.

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Ordinary Meeting of Council                                                                          16 March 2021

                   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 from the budget adoption on 4th
                   August 2020. The amendments made to the budget as part of the quarterly review adopted
                   by Council at its Ordinary meeting held on 17th November 2020 and the outcome of the Mid-
                   Year Budget Review adopted by Council at its Ordinary meeting held on 16th February 2021
                   have been incorporated into the January 2021 financial statements as presented.
                   Strategic & Corporate Plan Implications:
                   The report and officer recommendation are consistent with Council’s adopted Strategic Plan
                   Objectives and Goals and the Corporate Business Plan Actions and Projects in the following
                   specific ways:
                   Denmark 2027
                   L5.4 To be fiscally responsible

                   Corporate Business Plan
                   Nil
                   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:
                   Nil
                   Comment/Conclusion:
                   As at 31 January 2021, total cash funds held (excluding trust funds) totals $10,056,608 (Note
                   1).
                   Shire Trust Funds total $850 (Note 9).
                   Reserve Funds (restricted) total $4,230,930 (Note 5).
                   Municipal Funds (unrestricted) total $5,825,678 (Note 2).

                   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:

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Ordinary Meeting of Council                                                                           16 March 2021

                   • Taking into consideration the adopted Municipal Budget, the 30 June 2021 end of year
                     financial position was initially budgeted for a $200,000 surplus. As part of the quarterly
                     and mid-year budget reviews undertaken this has been amended to $180,000 with
                     $20,000 of the originally adopted budgeted surplus to be utilised to fund additional projects
                     and resourcing requirements as agreed by Council.
                   • Operating revenue and expenditure is in line with year to date budget predictions for the
                     period ended 31 January 2021 (Statement of Financial Activity) except for items
                     referenced in Note 3(a), some of the more significant of which relate to variances in the
                     deployment of the depot workforce associated with wage and on-costs which will have no
                     impact on the budget overall, other items may be adjusted as part of the third quarter
                     review scheduled for 31st March 2021.
                   • The Rates Collection percentage currently sits at 84.02% and is in keeping with historical
                     collection performance statistics (see Note 4)
                   • The 2020/2021 Capital Works Program is still in its initial stages with 17.03% completed
                     for the year to date with a total committed cost of 57.75% as at 31 January 2021 (see Note
                     10). It should be noted that a number of changes have been made to the initial timetable
                     set for the capital works infrastructure program which show some variances in the year-
                     to-date budget when compared to actual spend, it is however quite usual for these projects
                     to be undertaken in the second half of the financial year and with the exception of projects
                     whose budgets already adjusted as part of the mid-year review no significant variation to
                     the total project budgeted cost is anticipated at this time.
                   • Most transfers to and from general Reserve Funds have not been made for the 2020/2021
                     year as they are undertaken in the latter part of the financial year, depending on the
                     specific projects to which the transfers relate. One transfer of $156,292 has been made
                     from the Demark East Development Reserve for recoup of municipal fund expenditure
                     previously incurred.
                   • Salaries and Wages expenditure is in line with year to date budget estimates (not reported
                     specifically in Financial Statement).
                   Other Information
                      • Budget Surplus Brought Forward – The adopted budget for 2020/2021 was built on
                          an estimated brought forward surplus position from 2019/2020 of $1,504,620. The
                          audited Annual Financial Report for 2020 confirms a surplus brought forward of
                          $1,659,492. The variance in the estimated surplus brought forward was due to
                          finalisation of year-end accrual adjustments relating to changes in Accounting
                          Standards for recognition of contract assets and liabilities in 2019/20 and was
                          included in the calculations made and adopted by Council as part of the mid-year
                          budget review.
                   Voting Requirements:
                   Simple majority.

                    COUNCIL RESOLUTION & OFFICER RECOMMENDATION             ITEM 9.2.1
                    MOVED: CR GIBSON                            SECONDED: CR BOWLEY
                    That Council with respect to Financial Statements for the period ending 31 January 2021,
                    RECEIVE the Financial Reports, incorporating the Statement of Financial Activity and
                    other supporting documentation.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                             Res: 080321

                                                                                                                 17
Ordinary Meeting of Council                                                                                  16 March 2021

         Cr Allen declared a financial interest on the basis of a financial interest in MCC Contractors.
         5.15pm – Cr Allen left the room and did not participate in discussion or vote on the matter.

                   9.2.2      LIST OF PAYMENTS FOR THE PERIOD ENDING 31 JANUARY 2021
                    File Ref:                         FIN.1
                    Applicant / Proponent:            Not applicable
                    Subject Land / Locality:          Not applicable
                    Disclosure of Officer Interest:   Nil
                    Date:                             23 February 2021
                    Author:                           Gina McPharlin, Manager of Corporate Services
                    Authorising Officer:              Lee Sounness, Acting Director Corporate & Community Services
                    Attachments:                      9.2.2 – January Monthly List of Accounts Submitted Report

                   Summary:
                   The purpose of this report is to advise the Council of payments made during the period
                   1 January 2021 to 31 January 2021.
                   Background:
                   Nil
                   Consultation:
                   Consultation was not required for this report.
                   Statutory Obligations:
                   Local Government (Financial Management) Regulation 13 relates:
                   Policy Implications:
                   Delegation Number D040201 relates.
                   Budget / Financial Implications:
                   There are no known significant trends or issues to be reported.
                   Strategic & Corporate Plan Implications:
                   Implement a financial strategy to ensure the Shire of Denmark’s financial sustainability.
                   The report and officer recommendation is consistent with Council’s adopted Strategic
                   Community Plan Aspirations and Objectives and the Corporate Business Plan Actions and
                   Projects in the following specific ways:
                   Denmark 2027
                   L5.4 To be fiscally responsible
                   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:
                   Nil

                                                                                                                        18
Ordinary Meeting of Council                                                                           16 March 2021

                   Comment/Conclusion:
                   Nil
                   Voting Requirements:
                   Simple majority.

                    COUNCIL RESOLUTION & OFFICER RECOMMENDATION             ITEM 9.2.2
                    MOVED: CR GIBSON                            SECONDED: CR BOWLEY
                    That with respect to the attached Schedule of Payments, totalling $995,426.67, for the
                    month of January 2021, Council RECEIVE the following summary of accounts:
                       • Electronic Funds Transfers EFT29350 to EFT29507 - $527,932.43;
                       • Municipal Fund Cheque No’s 60414 – 60418 - $9,022.80;
                       • Internal Account Transfers (Payroll) - $338,657.18; and
                       • Direct Debit - $10,627.99;
                       • Corporate Credit Card; $3,365.75;
                       • Department of Transport Remittances; $103,679.90, and
                       • Loan Payments: $2,140.62
                    CARRIED UNANIMOUSLY: 7/0                                                       Res: 090321

         5.19pm - Cr Allen returned to the room.
                   9.2.3      INVESTMENT REPORT FOR THE PERIOD ENDED 31 JANUARY 2021

                    File Ref:                         FIN.19
                    Applicant / Proponent:            Not applicable
                    Subject Land / Locality:          Not applicable
                    Disclosure of Officer Interest:   Nil
                    Date:                             23 February 2021
                    Author:                           Gina McPharlin, Manager Corporate Services
                                                      Lee Sounness, Acting Director Corporate & Community
                    Authorising Officer:
                                                      Services
                    Attachments:                      9.2.3 - January 2021 Investment Register

                   Summary
                   This report presents the Investment Register for the month ending 31 January 2021.

                   Background
                   This report is for Council to receive the Investment Register as at 31 January 2021.

                   Council's Investment of Funds Policy sets the criteria for making authorised investments of
                   surplus funds after assessing credit risk and diversification limits to maximise earnings and
                   ensure the security of the Shire’s funds.

                  Consultation
                  Nil.

                   Statutory Obligations
                   The Local Government Act 1995 – Section 6.14, the Trustees Act 1962 – Part III
                   Investments, the Local Government (Financial Management) Regulations 1996 - Reg. 19,
                   28 and 49, and the Australian Accounting Standards, sets out the statutory conditions
                   under which funds may be invested.
                   Regulation 34 of the Local Government (Financial Management) Regulations requires a
                   monthly report on the Shires Investment Portfolio to be provided to Council.

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Ordinary Meeting of Council                                                                             16 March 2021

                  Policy Implications
                  All investments are made in accordance with Council Policy P040229 – Investments, which
                  states that in relation to Counterparty Credit Framework that no more than 50% of the total
                  investment portfolio should be held with any one institution.

                  To control the credit quality over the entire portfolio, the following credit framework
                  limits the percentage of the portfolio exposed to any particular credit rating
                  category.

                    A.                      B.                      C.                       D.
                    S&P                     S&P                     Direct Investment        Managed Funds
                    Long Term               Short Term              Maximum %                Maximum %
                    Rating                  Rating
                    AAA                     A-1+                    100%                     100%
                    AA                      A-1                     60%                      80%
                    A                       A-2                     40%                      80%

                  Exposure to an individual counterparty/institution will be restricted by their credit rating so
                  that single entity exposure is limited, as detailed in the table below.

                    A.                      B.                      C.                       D.
                    S&P                     S&P                     Direct Investment        Managed Funds
                    Long Term               Short Term              Maximum %                Maximum %
                    Rating                  Rating

                    AAA                     A1+                     50%                      50%
                    AA                      A-1                     35%                      45%
                    A                       A-2                     20%                      40%

                  If any of the Council’s investments are downgraded such that they no longer fall within the
                  investment policy, they will be divested as soon as practicable.

                  Investments fixed for greater than 12 months are to be reviewed on a regular basis and
                  invested for no longer than 5 years.

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

                  Strategic & Corporate Plan Implications
                  Implement a financial strategy to ensure the Shire of Denmark’s financial
                  sustainability.

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

                   Denmark 2027
                   L5.4 To be fiscally responsible

                   Corporate Business Plan
                   Nil

                                                                                                                    20
Ordinary Meeting of Council                                                                            16 March 2021

                   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:
                     Nil.

                  Comment / Conclusion
                  The attached Investment Report tables summarise how funds are invested as per the Shires
                  Investment Policy and reports on the Investment Portfolio balance as at 31 January 2021.

                  At the end of January 2021 Council had a total of $9,143,189 invested with four banking
                  institutions to ensure an appropriate portfolio balance mix with no single institution holding
                  more than 50% of the total funds invested which is in accordance with the requirements
                  outlined in Council policy P040229.

                  The total Reserve Funds invested as at 31 January 2021 totals $4,230,929.
                  The total Municipal Funds Invested as at 31 January 2021 totals $4,912,259.

                  The Reserve Bank of Australia (RBA) has not altered its cash rate for this month. The cash
                  rate remains set at 0.10%.

                  Voting Requirements
                  Simple majority.

                    COUNCIL RESOLUTION & OFFICER RECOMMENDATION            ITEM 9.2.3
                    MOVED: CR SEENEY                            SECONDED: CR GIBSON
                    That Council RECEIVE the Investment Register (Attachment 9.2.3) for the period ended
                    31 January 2021.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                               Res: 100321

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Ordinary Meeting of Council                                                                                    16 March 2021

                   9.3        CHIEF EXECUTIVE OFFICER

                   9.3.1      DISABILITY SERVICES ADVISORY COMMITTEE - MEMBERSHIP
                    File Ref:                         COMM.DSC
                    Applicant / Proponent:            Not applicable
                    Subject Land / Locality:          Not applicable
                    Disclosure of Officer Interest:   Nil
                    Date:                             24 February 2021
                    Author:                           Claire Thompson, Governance Coordinator
                    Authorising Officer:              David Schober, Acting Chief Executive Officer
                    Attachments:                      9.3.1 – Disability Services Advisory Committee Charter

                   Summary:
                   Council is asked to review the membership of the Disability Services Advisory Committee,
                   appoint a new Councillor Delegate and advertise for a new community member.
                   Background:
                   Cr Allen has tendered his resignation as the Council Delegate on the Disability Services
                   Advisory Committee. In his resignation Cr Allen states, “[i]t has been a very rewarding and
                   successful Committee to have had the honour of chairing, I thank all the council and Shire
                   for their support over the past 5 years or so. I feel it is time to move on and let another
                   councillor put their mark on the Committee”.
                   Community Member, Helen Spencer has also stepped down from the Committee resulting in
                   a vacancy.
                   According to the Committee Charter, the membership includes a representative from the
                   Denmark Over 50s Association. The Association dissolved in November 2020 and as a result
                   they are no longer able to provide a representative.
                   Consultation:
                   Community Member vacancies are advertised to ensure a fair application and appointment
                   process.

                   Statutory Obligations:
                   Committee Members are required to be appointed by the Council, pursuant to section 5.10
                   of the Local Government Act 1995, including the appointment of Council Members.
                   All public authorities are required to adopt, review and implement a Disability Access and
                   Inclusion Plan in accordance with the Disability Services Act 1993 (s 28).
                   Policy Implications:
                   There are no Council Policies that directly relate to this report or the Officer Recommendation
                   however, Policy P040235 states that the presiding person of a Committee should be an
                   elected member.
                   Budget / Financial Implications:
                   The cost of advertising the community member vacancy can be accommodated within the
                   Shire’s existing general advertising budget.
                   Strategic & Corporate Plan Implications:
                   The report and officer recommendation is consistent with Council’s adopted Strategic
                   Community Plan Aspirations and Objectives and the Corporate Business Plan Actions and
                   Projects in the following specific ways:
                   Denmark 2027
                   L5.0    Our Local Government

                                                                                                                          22
Ordinary Meeting of Council                                                                                     16 March 2021

                              The Shire of Denmark is recognised as a transparent, well governed and effectively
                              managed Local Government.
                              L5.1 To be high functioning, open, transparent, ethical and responsive.
                              L5.2 To have meaningful, respectful and proactive collaboration with the
                                    community.
                              L5.6 To seek two-way communication that is open and effective.

                   Corporate Business Plan
                   Nil

                   Sustainability Implications:
                   ➢ Governance:
                   Council Committees, with specific, identified objectives, assist local governments to review,
                   implement and create practices, processes and initiatives to support a local governments’
                   role to provide good governance for persons within the district.

                   Community members and key stakeholder membership provides an important conduit
                   between the community, local organisations, external service providers and the Council. It’s
                   an opportunity for them to be involved, provide different perspectives and experiences with
                   respect to the accessibility and inclusiveness of the Shire’s services and functions.

                   Review and implementation of the Shire’s Disability Access & Inclusion Plan is a significant
                   task (particularly with a major review required every five years) and the Disability Services
                   Advisory Committee assists the Shire to comply with its statutory obligation and seek
                   solutions to accessibility and inclusion.

                   ➢ 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 accessibility and inclusiveness of the Shire’s services and functions is an important
                   social consideration.
                   ➢ Risk:
                                              Risk
                                           Likelihood                        Risk
                                           (based on                        Rating
                                          history and                      (Prior to                       Risk Action Plan
                                          with existing   Risk Impact /   Treatment     Principal Risk       (Controls or
                             Risk           controls)     Consequence     or Control)      Theme         Treatment proposed)
                       Reputational:
                      That there are no
                      Elected Members
                     who nominate to be
                        the Council’s                                                   Not Meeting
                       Delegate on the                                    Moderate      Community          Accept Officer
                         Committee.       Possible (3)      Minor (2)      (5-9)        expectations      Recommendation

                   Comment/Conclusion:
                   There are nine (9) members on the Committee, including an Elected Member.
                   Current Membership, as per the Charter (see Attachment 9.3.1).
                   1 x Councillor
                   1 x Denmark Health Service Representative
                   1 x Community Professional (Private Sector)

                                                                                                                            23
Ordinary Meeting of Council                                                                        16 March 2021

                   1 x Denmark Over 50s Association Representative
                   5 x Community Members
                   The Author recommends that Council appoint a new Elected Member to the Committee,
                   advertise for a new community member, remove the Denmark Over 50s Association
                   representative and request that the Committee review its membership at its first meeting of
                   2021.

                   Following the October 2021 Local Government Elections, Council will be requested to review
                   its Committees and Working Groups and appoint or re-appoint Elected Members as required.

                   It is recommended that the Council advertise for a new community member noting that if
                   applications are received, the Council will need to make a formal appointment by an absolute
                   majority.
                   If no members of Council nominate to be the Council delegate on the Committee, it is
                   recommended that the Council consider whether the Committee should dissolve.
                   Voting Requirements:
                   Absolute majority.

                    COUNCIL RESOLUTION
                    MOVED: CR GIBSON                                               SECONDED: CR GEARON
                    That Standing Orders be suspended.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                            Res: 110321

                    COUNCIL RESOLUTION
                    MOVED: CR GIBSON                                               SECONDED: CR GEARON
                    That Standing Orders be resumed.
                    CARRIED UNANIMOUSLY AND BY ABSOLUTE MAJORITY: 8/0                            Res: 120321

                    COUNCIL RESOLUTION & OFFICER RECOMMENDATION             ITEM 9.3.1
                    MOVED: CR GIBSON                            SECONDED: CR GEARON
                    That with respect to the Disability Services Advisory Committee, Council:
                    1. APPOINT Cr OSBORNE as the Council’s Delegate; and
                    2. ADVERTISE for a community member and consider any applications received prior to
                       making a formal appointment; and
                    3. AMEND the Committee Charter by removing reference to a representative from the
                       Denmark Over 50s Association, resulting in a reduction in members from nine to eight;
                       and
                    4. REQUEST that at the first 2021 meeting of the Committee, the Committee review the
                       membership and if any changes are recommended, those changes form part of the
                       review process following the October 2021 Local Government Elections.
                    CARRIED UNANIMOUSLY & BY ABSOLUTE MAJORITY: 8/0                              Res: 130321

         5.24pm – Cr Lewis left the room
         5.25pm – Cr Lewis re-entered the room

                                                                                                              24
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