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COUNCIL MEETING

MINUTES

For the Ordinary Meeting of Council held on

18 AUGUST 2010

Minutes of Council Meeting held on 18 August 2010

Council Meeting Minutes 2

Minutes of the Ordinary Meeting of Council held in the Frankland River Community Centre on

18 August 2010

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS .............................. 3

2 RECORDS OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE ............................ 3

3. ANNOUNCEMENTS BY PRESIDING MEMBERS WITHOUT DISCUSSION ................... 3

4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE ......................... 3

5. PUBLIC QUESTION TIME .......................................................................................... 4

6. APPLICATIONS FOR LEAVE OF ABSENCE ................................................................. 4

7. PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS ............................. 4

8. MATTERS FOR WHICH MEETING MAY BE CLOSED .................................................. 4

9. CONFIRMATIONS OF MINUTES OF PREVIOUS MEETING ........................................ 4

9.1 Ordinary Meeting – 21 July 2010 ............................................................................ 4

10. REPORTS OF OFFICERS ............................................................................................ 5

10.1 FINANCE & ADMINISTRATION ................................................................................. 5

10.1.1 LIST OF PAYMENTS .................................................................................................. 5

10.2 GOVERNANCE & EXECUTIVE SERVICES ................................................................... 7

10.2.1 ROADS & TRANSPORT FORUM 2010 ....................................................................... 7

10.2.2 LOCAL PLANNING STRATEGY – PROPOSED REVIEW ............................................. 12

10.2.3 DEVELOPMENT APPLICATION – LOT 1 FRANKLAND CRANBROOK ROAD, FRANKLAND RIVER – CONSTRUCTION OF CARPORT ............................................. 14

10.3 WORKS ................................................................................................................... 19

10.4 ECONOMIC & COMMUNITY .................................................................................. 19

10.4.1 FRANKLAND RIVER CARAVAN PARK DEVELOPMENT ............................................ 19

10.4.2 COMMUNITY SPORTING AND RECREATION FACILITIES FUND (CSRFF) SMALL GRANTS ROUND APPLICATIONS ............................................................................ 30

11. ELECTED MEMBERS MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN . 33

11.1 DEVELOPMENT APPLICATION FOR SHOP (IGA) – LOT 1 CLIMIE STREET, CRANBROOK – PROGRESS – CR DENTON .............................................................. 33

11.2 PROMOTION OF CRANBROOK TOWNSITE – CR DENTON ..................................... 35

12. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY A DECISION OF MEETING ................................................................................................................ 37

13. MATTERS BEHIND CLOSED DOORS........................................................................ 37

13.1 LOT 45 FRANKLAND RIVER TREE FARM, FRANKLAND RIVER ‐ DAM ..................... 38

13.2 INDUSTRIAL LAND REQUIREMENTS ...................................................................... 40

13.3 PERFORMANCE REVIEW – CHIEF EXECUTIVE OFFICER ......................................... 41

14. CLOSURE OF MEETING .......................................................................................... 42



MINUTES

1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS The Shire President, Cr Forrest declared the meeting opened at 3.15pm. 2 RECORDS OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (PREVIOUSLY

APPROVED) ATTENDANCE

President Cr DM (Doug) Forrest (East Ward) Deputy President Cr GD (Geof) Denney (Central Ward) Councillors Cr JT (Twynam) Cunningham (Central Ward) Cr WA (Winston) Griffiths (Central Ward) Cr JD (Jon) Beasley (West Ward) Cr HC (Helen) Parsons (West Ward) Cr AJ (Andrew) Murray (West Ward) Cr TC (Terry) Rolfe (East Ward) Cr P (Peter) Denton (East Ward) Chief Executive Officer Mr AP (Anthony) Middleton Manager of Works Mr PA (Paul) Thompson Manager of Finance & Administration Mrs PA (Trish) Standish Manager of Business Development Mrs CM (Cas) Stipanicev Members of the Public 2

LEAVE OF ABSENCE Nil APOLOGIES Nil

3. ANNOUNCEMENTS BY PRESIDING MEMBERS WITHOUT DISCUSSION The Shire President Cr Forrest announced that the following people who were either

residents or past residents of the Shire had passed away since the last meeting.

Nora Pope

A moments silence was observed as a mark of respect.

4. RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE Nil



5. PUBLIC QUESTION TIME (Rules of Public Question Time circulated to members of public) 5.1 Rick Hoyle Mills – Sponsorship (GO8)

Mr Hoyle‐Mills thanked the Council for the sponsorship of Callum who attended the skate boarding finals in Sydney, he ranked 11th for the event.

5.2 Rick Hoyle Mills ‐ Frankland River Caravan Park(CP208) Mr Hoyle Mills asked about the development for the Frankland River Caravan Park. The Shire President Cr Forrest advised that this matter was on today’s agenda and would be discussed. Mr Hoyle Mills advised he would stay to listen to the Council’s decision.

6. APPLICATIONS FOR LEAVE OF ABSENCE Motion 01082010

Moved Cr Denney, seconded Cr Griffiths that leave of absence be granted to Cr Denton for the 15 September 2010 Ordinary Meeting of Council.

Carried 9/0

7. PETITIONS / DEPUTATIONS / PRESENTATIONS / SUBMISSIONS Nil

8. MATTERS FOR WHICH MEETING MAY BE CLOSED The meeting will be closed to discuss item 13.1, 13.2 and 13.3.

9. CONFIRMATIONS OF MINUTES OF PREVIOUS MEETING

9.1 Ordinary Meeting – 21 July 2010 Motion 02082010 Moved Cr Denney, seconded Cr Murray that the minutes from the ordinary meeting of Council held on 21 July 2010, be confirmed as a true and correct record.

Carried 9/0



10. REPORTS OF OFFICERS

10.1 FINANCE & ADMINISTRATION

10.1.1 SUBJECT LIST OF PAYMENTS REPORT AUTHOR: Lauren Pieper

Finance Officer

FILE REFERENCE: FM2 APPLICANT: N/A DATE OF REPORT: 10 August 2010 ATTACHMENTS: List of Payments ‐

1 July 2010 – 10 August 2010 Purpose The purpose of this report is to advise the Council of payments made during the period 1 July 2010 to 10 August 2010. Background Nil Officers Comment Nil Statutory Environment Local Government (Financial Management) Regulation 13 states: 13. List of accounts (1) If the local government has delegated to the Chief Executive Officer the exercise of its power to make payments from the municipal fund or the trust fund, a list of accounts paid by the Chief Executive Officer is to be prepared each month showing for each account paid since the last such list was prepared:

(a) the payee’s name; (b) the amount of the payment; (c) the date of the payment; and (d) sufficient information to identify the transaction.

Policy Applicable ‐ Implications Council Policy 3.3 – ‘Payment of Creditors’ applies to this item. Financial Implications There are no financial implications for this report. Strategic Plan Reference There is no reference to this item in the Council’s strategic plan.



Voting Requirements Simple Majority OFFICERS RECOMMENDATION/COUNCIL DECISION Motion 03082010 Moved Cr Murray, seconded Cr Denton that the payment of accounts totalling $516,120.22 as per the attachment be noted:

• Electronic Funds Transfers EFT 1206 to EFT 1247 ‐ $380,919.24; • Municipal Fund Cheque No’s 9851 – 9925 ‐ $61,304.72; • Internal Account Transfers (Payroll) ‐ $73,417.91; • Corporate Credit Card ‐ $ 478.35 ; and • Trust Fund Payments ‐ Nil.

Carried 9/0



10.2 GOVERNANCE & EXECUTIVE SERVICES

10.2.1 SUBJECT ROADS & TRANSPORT FORUM 2010 REPORT AUTHOR: Anthony Middleton

Chief Executive Officer

FILE REFERENCE: GO24 APPLICANT: N/A DATE OF REPORT: 9 August 2010 ATTACHMENTS: Extract of Convention Programs:

1. WA Transport & Roads Forum 2. National Local Roads and Transport Congress

Purpose The purpose of this report is to allow Councillors the opportunity to attend the 2010 National Local Roads and Transport Congress in Bunbury. Background The National Local Roads and Transport Congress will be held between Thursday 14 and Friday 15 October 2010 at the Bunbury Entertainment Centre. The Shire has recently sent two delegates to Shepparton (Victoria) in 2008 and authorised attendance to Mackay (Queensland) in 2009, although delegates did not attend in 2009. The bi‐annual WALGA Transport and Roads Forum for 2010 is being held the previous day, 13 October 2010. Officers Comment An extract of both of the programmes are attached to this item. The full brochure is available from the Chief Executive Officer if required. Road Maintenance and Construction is the Shire’s biggest annual expenditure item and all associated issues, particularly road funding, is therefore very important to the Shire’s decision makers. As such, attendance at this congress by the Council’s road group representatives is recommended, particularly considering this years congress location. Council delegates on road related groups are as follows:

• Regional Road Group – Cr Denney (proxy Cr Rolfe) • T.I.R.E.S – Cr Forrest (proxy Cr Denney)

It is intended that the Chief Executive Officer and Manager of Works will attend these two events.



Statutory Environment There is no specific legislation applicable to this item. Policy Applicable – Implications There is no Council Policy applicable to this item. Financial Implications The 2010/2011 adopted budget contains a $5,000 budget provision for elected members to attend specific purpose seminars, conferences, etc within the ‘Members Conference Expenses’ (account 041002) budget of $27,450. The costs of attending this congress and forum per Councillor are as follows:

WALGA Forum registration ‐ $0 ALGA Congress registration – $955 Accommodation and Meals – $800 Total ‐ $1,755

The recommendation below, if adopted, would incur $3,510 whilst leaving a small provision in the budget ($1,490) for other events that may arise throughout 2010/2011. Strategic Plan Reference There is no reference to this item in the Council’s strategic plan. Voting Requirements Simple Majority Cr Forrest declared an interest in this item as a participant and left the meeting at 3.22pm. Cr Denney declared an interest in this item as a participant and left the meeting at 3.22pm. As the President and Deputy President were absent from the meeting the Chief Executive Officer called for a Councillor to chair the meeting in accordance with section 5.6(3) of the Local Government Act. Cr Parsons and Cr Denton requested that Cr Murray take the chair. Cr Beasley and Cr Cunningham requested that Cr Griffiths take the chair. As there were two suggestions to chair the meeting, a vote was conducted and Cr Murray took the chair.



OFFICERS RECOMMENDATION/COUNCIL DECISION Motion 04082010 Moved Cr Denton, seconded Cr Rolfe that Cr Forrest and Cr Denney be authorised to attend the Australian Local Government Associations National Local Roads and Transport Congress and the WA Local Government Associations Transport and Roads Forum on 13 to 15 October 2010 in Bunbury.

Carried 7/0 Cr Murray vacated the chair. Cr Forrest and Cr Denney re‐entered the meeting at 3.25pm and Cr Forrest resumed the Chair.


Attachment 1 Extract of Convention Programs ‐ WA Transport & Roads Forum

10Council Meeting Minutes


Attachment 2 Extract of Convention Programs ‐ National Local Roads and Transport Congress




10.2.2 SUBJECT LOCAL PLANNING STRATEGY – PROPOSED

REVIEW REPORT AUTHOR: Anthony Middleton


FILE REFERENCE: TP5 APPLICANT: N/A DATE OF REPORT: 11 August 2010 ATTACHMENTS: Nil Purpose The purpose of this report is to consider commencing a review process of the Shire of Cranbrook Local Planning Strategy to better reflect the Council’s desire for sustainable development. Background The Council established its Economic Development Working Group on 18 November 2009 to prepare an economic development strategy for the Shire of Cranbrook. At its meeting held on 21 July 2010, the Council adopted the ‘Cranbrook Inland Port Strategy Document’. This document proposes an area of land to the south of the Cranbrook townsite as a possible inland port or intermodal transport hub. In 2008, two re‐zoning proposals for rural residential sub‐divisions were either refused by the WA Planning Commission (WAPC) or not proceeded through to application. A part of the reason cited behind this refusal or non‐submission were, inconsistencies between the Council’s support and its Local Planning Strategy (LPS), primarily relating to scheme water requirements. It is now considered an appropriate time for a review of the LPS. Officers Comment Discussions have occurred with the Council’s Town Planning Consultants, Gray and Lewis Land Use Planners, regarding the scope of a review of the LPS. The following is proposed to progress a review:

• A review of the LPS would concentrate on the areas that the Council wish to change and also the provision of townsite expansion strategy maps for the Cranbrook townsite and Tenderden townsite.

• The entire document will however need to be updated to include up‐to‐date population statistics, reference new WAPC documents and policies, and possibly updated land capability assessments (for rural residential).

• To minimise mapping costs, liaison would occur with the Department for Planning for useful broad scale mapping (soil, vegetation etc) once the project and scope of works is more advanced.



Statutory Environment Planning and Development Act and the Shire of Cranbrook Town Planning Scheme No.4 apply to this item. Policy Applicable / Policy Implications There is no Council policy applicable to this item. Financial Implications The 2010/2011 budget includes a $20,000 provision for the review of the LPS, which forms part of account 106001 – Town Planning Consultant Fees and has a total budget of $25,000. Gray and Lewis have advised that, whilst they work closely with the Shire to try and minimise costs, these projects are difficult to quote as the time and changes that DPI may require once the strategy is lodged cannot be predicted. As there is no ‘standard’ format there tends to be a lot of negotiation at the approval stage. Gray and Lewis estimate the cost of the LPS review to be in the vicinity of $20,000, which includes an initial trip to the Shire, organising mapping, updating and reviewing the whole document, liaising with relevant authorities, liaising with the Shire, and presenting the Shire with a draft revised LPS. Strategic Plan Reference Section B, Council Leading Growth and Supporting Community, of the Shire of Cranbrook 2008‐2013 Strategic Plan states that:

‘Economic Development ‐ Provide an environment that fosters regional development within our Shire including involvement with specific projects that encourage development, ....”

Section C, Leadership and Planning for the Future, of the Shire of Cranbrook 2008‐2013 Strategic Plan states that:

‘Industry Attraction ‐ Investigate strategies to attract industry to the Shire of Cranbrook…”

Voting Requirements Simple Majority OFFICERS RECOMMENDATION/COUNCIL DECISION Motion 05082010 Moved Cr Murray, seconded Cr Parsons that Gray and Lewis Land Use Planners be engaged to undertake a review of the Shire of Cranbrook Local Planning Strategy to allow for:

• Future development relating to the Shire of Cranbrook Economic Development Model;

• Future development of an inland port / inter‐modal transport hub; and • An increase in the amount and the sustainability of rural residential sub‐divisions,

particularly in regard to the provision of water. Carried 9/0



10.2.3 SUBJECT DEVELOPMENT APPLICATION – LOT 1 FRANKLAND CRANBROOK ROAD, FRANKLAND RIVER – CONSTRUCTION OF CARPORT

REPORT AUTHOR: Anthony Middleton


FILE REFERENCE: A339 APPLICANT: KG Pape DATE OF REPORT: 12 August 2010 ATTACHMENTS: 1. Site Plan

2. Building Layout 3. Map of Area

Purpose The purpose of this report is to consider a development application to construct a carport on lot 1 Frankland Cranbrook Road, Frankland River. Background A request to install a carport on lot 1 Frankland Cranbrook Road, Frankland River has been received in the form of the attached site plan and building layout. Lot 1 is zoned ‘rural residential 1’ and is 1.29ha. Officers Comment The proposed carport measures 18m in length, 6m wide and 3.44m high. Materials used will be zincalume. A copy of the building layout, map of the area and site plan are attached. The development requirements of the Shire of Cranbrook Town Planning Scheme No 4 (the Scheme) states, for the rural residential zone, that “planning approval is required for all development including a single house and such application is to be made in accordance with the provisions of the Scheme. Schedule 11 of the Shire of Cranbrook Town Planning Scheme No 4 (the Scheme) states, for the rural residential 1 zone, that “materials, equipment or outbuildings that are visually unsightly or could detract from the amenity of the area are not permitted on a lot unless they are screened to the local government’s satisfaction.” In accordance with schedule 11 above, the Council may wish to consider the effect on the amenity of the area of this application. The size of the proposed structure, its zincalume materials and its location between the existing house and the road frontage may all be considered ‘unsightly or could detract from the amenity of the area’. Other development requirements of the rural residential zone are listed below in the statutory environment section.



Statutory Environment The development requirements of the rural residential zone are defined in the TPS are as follows:

‘Development in a Rural‐Residential Zone is to comply with the requirements of the following: (a) planning approval is required for all development including a single house and

such application is to be made in accordance with the provisions of the Scheme;

(b) not more than 1 dwelling is to be erected on a lot; (c) a single house is to be developed on a lot prior to commencement of

development or use of that lot for any other purpose which requires the planning approval of the local government under the Scheme;

(d) in order to conserve the rural environment or features of natural beauty all trees are to be retained unless their removal is authorised by the local government;

(e) in order to enhance the rural amenity of the land in areas the local government considers deficient in tree cover it may require as a condition of any planning approval the planting of such trees and/or groups of trees and species as specified by the local government.

(f) any person who keeps an animal or animals or who uses any land for the exercise or training of an animal or animals is to be responsible for appropriate measures to prevent noise, odour, or dust pollution or soil erosion to the satisfaction of the local government.

(g) with the intention of preventing overstocking, erosion and any other practice detrimental to the amenity of a Rural‐Residential zone, the local government may take any action which in the opinion of the local government is necessary to reduce or eliminate adverse effects on the environment caused wholly or partly by the stocking of animals and any costs incurred by the local government in taking such action are to be recoverable by the local government from the landowner; and

(h) the local government may require provision to be made for bush fire control in accordance with a Local Planning Policy adopted by the local government.’

Policy Implications There is no Council policy applicable to this item. Financial Implications There are no financial implications for this report. Strategic Plan Reference There is no reference to this item in the Council’s strategic plan. Voting Requirements Simple Majority OFFICERS RECOMMENDATION/COUNCIL DECISION Motion 06082010 Moved Cr Rolfe, seconded Cr Murray that planning approval is granted to KG Pape to construct a zincalume carport 18m in length, 6m wide and 3.44m high on lot 1 Frankland Cranbrook Road, Frankland River.

Carried 8/1


Attachment 1 Site Plan



Attachment 2 Building Layout




Attachment 3 Map of Area



10.3 WORKS Nil

10.4 ECONOMIC & COMMUNITY

10.4.1 SUBJECT FRANKLAND RIVER CARAVAN PARK DEVELOPMENT

REPORT AUTHOR: Cassandra Stipanicev

Manager Business Development

FILE REFERENCE: CP208 APPLICANT: N/A DATE OF REPORT: 05 July 2010 ATTACHMENTS: 1. Site Plans

a. Renovate existing site b. Site extension and upgrade

2. Landmark Ablution Building 3.

Purpose The purpose of this report is to consider the Frankland River Caravan Park development. Background At the 16 December 2009 meeting of Council it was resolved that:

“the Chief Executive Officer apply for Federal Regional Local Community Infrastructure Program funding for the development of the new Frankland River Caravan Park as per the original concept plan and tender scope.”

The agenda item at the December 2009 Council meeting detailed the full history of this project. The Federal Regional Local Community Infrastructure Program (RLCIP) application was submitted as requested, to construct a new caravan park on Lot 26 Frankland Cranbrook Road. On 15 June 2010, the Chief Executive Officer received notification that the application to the RLCIP for funding of the new Frankland River Caravan Park was not successful. The current statistics for the Frankland River Caravan Park are presented in the table below:

Frankland River Site Nights

% Occupancy

Oct-07 35 14.1% Nov-07 33 13.3% Dec-07 35 14.1% Jan-08 45 18.1% Feb-08 106 42.7% Mar-08 219 88.3% Apr-08 114 46.0% May-08 199 80.2% Jun-08 199 80.2% Jul-08 0 0.0% Aug-08 201 81.0%



Sep-08 12 5.0% Oct-08 15 6.0% Nov-08 18 7.3% Dec-08 41 16.5% Jan-09 32 12.9% Feb-09 54 24.11% Mar-09 0 0.0% Apr-09 12 5.0% May-09 48 19.4% Jun-09 82 34.2% Jul-09 95 38.3% Aug-09 58 23.39% Sep-09 33 13.31% Oct-09 19 7.66% Nov-09 30 12.10% Dec-09 15 6.05% Jan-10 20 8.06% Feb-10 25 10.08% Mar-10 6 2.42% Apr-10 25 10.08% May-10 9 3.63% Jun-10 1 0.01 Jul-10 17 7.50%

TOTAL 1853 23.24% Officers Comment An attractive and functional caravan park is still essential to the continued growth of tourism and provision of accommodation options for itinerant workers in the Frankland River Region either through renovation and expansion or construction of a new Caravan Park. As the RLCIP grant application was unsuccessful there are a number of options available to Council. The following four options are presented to Council for their consideration. Option 1 To take no action. The existing funds could be used on another Council Project. Operation of the Frankland River Caravan Park would continue as it is. The ablution facility is now used solely for the caravan park as the new public toilets are operational. Option 2 Renovate the existing site, a concept plan is attached (Attachment 1a). The existing toilet block contains only one toilet and shower for each men and women. The laundry facility is a very neat and tidy separate structure that can be retained. There are no cooking facilities or camp kitchen area at the park. A new toilet block providing 5 toilets and showers, one of which is disabled/family purpose could be constructed near to the existing site, linking to the laundry facility with a pathway. This option would be able to be achieved within the existing budget for the caravan park. The site could be improved by;

• a formalised entry • landscaping between existing bays • kerbing of the roadway to emphasise bays • new ablution, campers kitchen and laundry • screening between the Hall and the site • creation of defined bays and road



Costs Option 2; Kerb roadway to delineate bays $ 5,000 Definition of bays and garden beds between bays $ 2,500 Ablutions (installed) – Based on price from Landmark Engineering – Noosa Design (Attachment 2)

$195,100

Campers Kitchen – (Based on price from Landmark Engineering – Expanse Design with Paving

$ 31,550

Allowance – plumbing to install ablution block/kitchen $ 57,000 BBQ, Table / Chairs, Bench, Sink $ 10,000 Allowance – electrical works to new ablution, campers kitchen $ 10,000 Landscape entry with signage $ 5,000 Fence/Screen between the hall and caravan park area $ 5,000 Demolition of existing ablution block $ 3,500 Estimated Total $324,650 It should be noted that the electrical component to this option is only to connect the new facilities. Currently the caravan park power is supplied from a junction box located in the town hall. This is not the most appropriate option, as when the caravan park has higher occupancy there is an excessive load on the electrical service. It is also difficult to allocate the exact usage to the caravan park and hall. Option 2 would maintain the existing number of bays in the park and does not provide for any growth in tourism. Option 3 Re‐develop and expand the existing Frankland River Caravan Park site. Concept plan is attached (Attachment 1b) This option would be able to be achieved within the existing budget for the caravan park. Given the high cost of construction and headworks at a new site, the redevelopment of the existing site may provide the Shire and community with the best outcome for the available resources. It would provide additional bays without incurring headworks. The site could be improved by;

• a formalised entry • landscaping between existing bays • kerbing of the roadway to emphasise bays • new ablution, campers kitchen and laundry • screening between the Hall and the site • creation of a loop road to create more sites • retaining wall to accommodate level changes • additional power / water to 4 new bays • new tent bays

Costs Option 3; Construction of; Road – bitumen seal with kerbing, close in roadside drains, cut and fill new bays, seal to new bays, and lawn to existing bay areas

$ 50,000

Upgrade power supply separating the caravan park from the hall and including additional 4 bays (Quote from Mt Barker Electrics)

$ 26,745

Western Power to connect new power supply allowance only $ 30,000 Ablutions – Based on price from Landmark Engineering – Noosa Design $195,100



(Attachment 2) Campers Kitchen – (Based on price from Landmark Engineering – Expanse Design with Paving)

$ 31,550

Allowance – Plumbing to install Ablution block/kitchen $ 57,000 Electric BBQ (installed), Table / Chairs, Bench, Sink $ 10,000 Landscape plants and mulch $ 5,500 Entry with signage (allowance) $ 2,000 Fence/Screen between the hall and caravan park area $ 10,000 Construct pathways to information bay, public toilets, amphitheatre $ 6,000 Demolition of existing ablution block $ 3,500 Estimated Total $427,395 Option 3 allows for a new and independent power supply to the caravan park. It would have its own meter, allowing more accurate allocation of costs, not sharing with the town hall. It would also provide sufficient power for all sites. Option 4 Continue with the original concept plan to construct the New Frankland River Caravan Park on Lot 26 Frankland Cranbrook Road by contributing additional funds to the reserve account, allowing Council to save for the development of the project in the future. Cost in 2009/10 of Option 4 Note: No updated pricing can be obtained without retendering the project. AD Contractors Tender Price $642,247 Ablution and Campers Kitchen – Based on price from Howard and Heaver Architects Allowance for electrical and plumbing to new facilities

$247,500 $ 70,000

Headworks – Western Power $138,270 Headworks – Water Corporation – allowance only, no price supplied Aerobic Treatment Unit (waste water system)

$ 30,000 $100,000

Fencing (allowance) $ 15,000 Landscaping (allowance) $ 10,000 Signage (based on pricing for recent Cranbrook signage) $ 5,000 Contingency $100,000 TOTAL $1,358,017 Should the Council wish to proceed with this option it is recommended that first a feasibility study and business plan be undertaken taking into account increased operating costs, capital outlay, funding opportunities and potential occupancy and use. Summary Option 3 would provide an opportunity to grow the size of the caravan park, as well as connecting independent power supply to the park. The provision of 4 additional powered bays and a defined tent area, as well as beautification and new ablutions would upgrade the park for many years into the future. It is unlikely that any future foreseeable demand would exceed the capacity of the park. Twelve bays would provide the same number of sealed bays as the new park. A defined tent area will allow for backpacker travellers.



It is also believed that the expansion and upgrade of ablution facilities would satisfy the requirements of the Great Southern Development Commission and retain the funding allocated to this project. Funding from both the Great Southern Development Commission and the Tambellup Cranbrook Community Bank will need to be confirmed for either option 2 or 3. Should option 1 be chosen the Great Southern Development Commission and the Tambellup Cranbrook Community Bank would have to be notified that funding was no longer required. It is highly unlikely that option 4 would see the retention of funding due to the time lag. The current caravan park is located in a leafy green part of town. It is quiet and well situated, being close to the town hall, community centre, community resource centre and the sporting club, picnic area, playground and tourist information. The current park is unsightly and unattractive. Whilst the existing park could be renovated, to allow for growth in the future and meet the requirements of a growing caravan and RV market it is recommended that the park is expanded to include the 4 additional bays and independent power supply. Statutory Environment There is no specific legislation applicable to this item Policy Applicable – Implications There is no Council policy applicable to this item. Financial Implications Whilst the RLCIP grant application was unsuccessful, this project has received considerable State Government and Community Bank financial support. On 27 September 2007 Tambellup Cranbrook Community Bank – Bendigo Bank agreed to provide a donation of $20,000 exclusive of GST toward construction of the project. It should be noted that donations do not include any GST component. On 11 December 2007 the Great Southern Development Commission, through the Regional Development Scheme provided a grant of $20,000 exclusive of GST to construct / fit out the ablution block. On 24 December 2008 the Great Southern Development Commission, through the Regional Development Scheme provided a grant of $60,000 exclusive of GST toward construction of the project. It should be noted that this represented 17% of the available funding pool. The Manager of Business Development has contacted both the GSDC and the Tambellup Cranbrook Community bank, regarding their funding. Both organisations are keen to see the completion of the project. The Bank board has indicated their willingness to continue to support a project of a smaller scope. The GSDC will have to have their board consider a change in project scope, but it is felt that if the intention to provide better facilities and services remains the focus, then the funding would be maintained. A letter with the Councils decision will need to be sent to the GSDC indicating the new project details and requesting a variation to the project scope.



The current balance of the Frankland River Caravan Park Reserve account is $353,202 plus pledged grant funding of $100,000. There are four options presented for consideration with the following financial implications. Option 1 – No cost (continued operating costs) Option 2 – Approximately $324,650 (plus slight increase in current operating costs) Option 3 – Approximately $427,395 (plus slight increase in current operating costs) Option 4 ‐ Approximately $1,238,017 (plus large increase in current operating costs) Strategic Plan Reference Section A– Planned Council Infrastructure Projects, of the 2008‐2013 Strategic Plan states that:

Caravan Park Accommodation: Provision of additional short stay accommodation, including; a) staged construction of Frankland River Caravan Park in accordance with concept plans.

Voting Requirements Simple Majority Cr Murray declared an interest in this item as the writer of a letter from the company where he is employed supporting the Frankland River Caravan Park, he requested that Council consider the interest to be trivial and left the meeting at 3.31pm. Cr Parsons declared an interest in this item as a member of the Frankland River Wine Makers and Grape Growers who submitted a letter of support for the development of the Frankland River Caravan Park, she requested that Council consider the interest to be trivial and left the meeting at 3.31pm. Motion 07082010 Moved Cr Cunningham, seconded Cr Beasley that both Cr Murray and Cr Parsons be allowed to participate in debate and vote on item 10.4.1.

Carried 5/2 Cr Murray re‐entered the meeting at 3.36pm Cr Parsons re‐entered the meeting at 3.36pm



Officers Recommendation That: 1. Approval be sought from the Great Southern Development Commission and Tambellup

Cranbrook Community Bank to vary the scope of works detailed in the funding agreements in accordance with option 3, to re‐develop and expand the existing Frankland River Caravan Park site, in accordance with concept plan 1b.

2. Subject to the approval sought in point 1. being obtained, the redevelopment and

expansion of the existing Frankland River Caravan Park site, in accordance with concept plan 1b be adopted.

Motion 09082010 Moved Cr Cunningham, seconded Cr Beasley that standing orders be suspended at 3.45pm for general discussion on the Frankland River Caravan Park.

Carried 9/0 Motion 10082010 Moved Cr Murray, seconded Cr Denton that standing orders be resumed at 4.10pm

Carried 9/0 Motion 08082010 Moved Cr Murray, seconded Cr Parsons that the Council defer item 10.1.4 to the 15 September 2010 meeting as one of the options recommended goes against the Master Plan and the West Ward Councillors would like to go back to the community for their input.

Carried 5/4 Two members of the public left the meeting at 4.10pm


Attachment 1a Site Plans ‐ Renovate Existing Site



Attachment 1b Site Plans ‐ Extension and Upgrade



Attachment 2 Landmark Ablution Building



Attachment 3 Frankland River Caravan Park Concept Plan




10.4.2 SUBJECT COMMUNITY SPORTING AND RECREATION

FACILITIES FUND (CSRFF) SMALL GRANTS ROUND APPLICATIONS

REPORT AUTHOR: Toni Melia

Project Officer

FILE REFERENCE: CS 108 APPLICANT: Frankland River Cricket Club DATE OF REPORT: 10 August 2010 ATTACHMENTS: Map showing proposed location Purpose The purpose of this report is to:

• set the priority ratings of funding applications submitted to CSRFF Small Grants Round from sporting organisations

• to consider financially supporting the application; and • to consider the location of the project.

Background One application has been received from the Frankland River Cricket Club for the construction of two caged cricket nets. The WA Department of Sport and Recreation (DSR) provides funding to local government authorities and sporting organisations for the provision of sporting facilities for projects ranging from $5000 ‐ $150,000 through the small grants rounds that are held twice a year. The process for funding under this programme is for applications to be submitted to the relevant Council for prioritising at a local level before being ranked by the DSR Small Grants Committee, recommendations are then made to the Honourable Minister for Sport and Recreation for consideration and approval. Officers Comment One application has been received for consideration; Applicant

Purpose of funding

CSRFF funding

ApplicantContribution

Shire Contribution

Frankland River Cricket Club

Construction of (2) caged cricket training nets

$8,859 $4,225 Voluntary Labour $5,000 Cash donation to club

$8494

The proposed location for the cricket nets is between the Country Club building and the oval as per the attachment.



Statutory Environment There is no specific legislation applicable to this item. Policy Applicable – Implications There is no Council policy applicable to this item. Financial Implications The total cost of this item will be $26,578, with a requested Council contribution of $8,494. This contribution could be funded from the Frankland River Sporting Facilities Reserve Account which has a budgeted balance at 30 June 2011 of $13,100. The CSRFF Grant Funding consists of a one third Council contribution, one third CSRFF funding and one third club funding – which can be either monetary of through volunteer labour. Strategic Plan Reference Section A– Planned Council Infrastructure Projects of the 2008‐2013 Strategic Plan states that:

“Sporting Facilities – Appropriate sporting facilities across the Shire, including: b) Frankland River Sporting Facilities (staged implementation of master plan); c) Provision of skatepark and unstructured recreation facilities (eg one on one basketball, beach volley ball etc)

Voting Requirements Absolute Majority (budget amendment) OFFICERS RECOMMENDATION/COUNCIL DECISION Motion 11082010 Moved Cr Murray, seconded Cr Denney that: 1. The application for the construction of cricket training nets from the Frankland River

Cricket Club be prioritised as first priority funding; 2. The Council make a $8,494 contribution funded from the Frankland River Sporting

Facilities Reserve Account, and the budget be amended accordingly; and 3. Subject to agreement from the Frankland District Country Club the proposed location

of the cricket nets as per attachment 1 be approved. Carried by Absolute Majority 9/0



Approximate location



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

11.1 SUBJECT DEVELOPMENT APPLICATION FOR SHOP (IGA) –

LOT 1 CLIMIE STREET, CRANBROOK – PROGRESS – CR DENTON



FILE REFERENCE: A200 APPLICANT: Cr Denton

Clune Street Pty Ltd DATE OF REPORT: 10 August 2010 ATTACHMENTS: Nil Purpose The purpose of this report is to consider a notice of motion by Cr Denton regarding a progress report on the status of the development on lot 1 Climie Street, Cranbrook. Background At the 15 October 2008 meeting of Council it was resolved that:

“that approval be granted to Clune Street Pty Ltd for the use and development of a shop on Lot 1 Climie Street, Cranbrook in accordance with the attached site plan, elevations and colour scheme, subject to the following conditions:....”

Cr Denton has submitted the following: “I know that The IGA is a private enterprise but I am getting unindated with questions from community and business people in our shire as to the current lack of progress. I don’t know what our options are however maybe we could talk to the owner to get clarification of its direction and maybe even a time frame.”

Officers Comment The development approval given on 15 October 2008 was for both the use (supermarket or ‘shop’) and development (construction in accordance with the plans submitted). All development approvals given contain the following condition:

“If the development the subject of this approval is not substantially commenced within a period of 2 years, or such other period as specified in the approval after the date of the determination, the approval will lapse and be of no further effect.”

Although the two years mentioned above has not yet lapsed, it is considered that the development has ‘substantially commenced’. The Chief Executive Officer met with the applicant/property owner on 6 August 2010 to discuss the progress of this development. The property owner has advised that the project is continuing in accordance with the application.



Statutory Environment The development approval given on 15 October 2008 and subsequent enforcement of conditions is performed under the Shire of Cranbrook Town Planning Scheme No 4 and the Planning & Development Act 2005. Policy Applicable – Implications There is no Council policy applicable to this item. Financial Implications There are no implicit financial implications to the Council for this report, apart from the increased rate revenue that a development of this kind will generate. However, any new business will have community and economic benefits through employment opportunities, attracting local expenditure, etc and this proposal represents a significant employment and shopping facility for the residents of the surrounding area. Strategic Plan Reference Section B, Council Leading Growth and Supporting Community, of the Shire of Cranbrook 2008‐2013 Strategic Plan states that:




Voting Requirements Simple Majority CR NOTICE OF MOTION Motion 12082010 Moved Cr Denton, seconded Cr Denney ‐ I know that The IGA is a private enterprise but I am getting unindated with questions from community and business people in our shire as to the current lack of progress. I don’t know what our options are however maybe we could talk to the owner to get clarification of its direction and maybe even a time frame. This motion was withdrawn by both the mover and seconder.



11.2 SUBJECT

PROMOTION OF CRANBROOK TOWNSITE – CR DENTON



FILE REFERENCE: ED4 APPLICANT: Cr Denton DATE OF REPORT: 10 August 2010 ATTACHMENTS: Nil Purpose The purpose of this report is to consider a notice of motion by Cr Denton regarding the promotion of the Cranbrook townsite as a great place to live and visit. Background Cr Denton has submitted the following:

“I feel we have no better time to promote Cranbrook. There is a lot of construction and progress happening in the town, perfect timing to promote our town as a great place to live or even visit. As discussed at last council meeting the we have for sale there is no better opportunity to promote our shire. {Kulin shire has promoted on tv}.”

Officers Comment The costs incurred by the Shire of Kulin in the production of their television promotion was as follows:

Production of 30 second TV commercial $1,800 Free TV fees and Dubsat sent to GWN $195 Production of Video $4,000

$5,995 Air time paid to GWN on a monthly basis$10,000 ‐ $12,000p.a.

It is very important that, if the Council wish to pursue a marketing and promotion campaign, it is done in a coordinated and targeted manner and not just because other Council’s have done it. For example, what exactly are we trying try to achieve ‐ new residents, new businesses or more tourists. The pitch of the promotion, the target market of the campaign and indeed the chosen media will all vary accordingly depending on our objective. If the Council wishes to proceed with similar marketing to Cr Denton’s proposed, the following alternate recommendation is put forward:

“That the Economic Development Working Group be requested to formulate a marketing and promotion campaign for the Cranbrook townsite for the consideration of the Council, with a clearly defined:

• Objective; • Target market; • Preferred media;



• Duration; and • Budget.

Statutory Environment There is no specific legislation applicable to this item, with the exception of making budget amendments or expending unbudgeted monies. Policy Applicable – Implications There is no Council policy applicable to this item. Financial Implications The financial implications for this item would vary depending on the exposure required, media chosen and the target market. Promotion costs for television would commence at $16,000 (Shire of Kulin) and would only be limited by the amount the Council wishes to spend. Another chosen media, for example newspaper or radio, may have a lower total cost. There is no provision in the 2010/2011 budget for this item. Strategic Plan Reference Section B, Council Leading Growth and Supporting Community, of the Shire of Cranbrook 2008‐2013 Strategic Plan states that:




Voting Requirements Simple Majority CR NOTICE OF MOTION Motion 13082010 Moved Cr Denton, seconded Cr Rolfe ‐ “I feel we have no better time to promote Cranbrook. There is a lot of construction and progress happening in the town, perfect timing to promote our town as a great place to live or even visit. As discussed at last council meeting the we have for sale there is no better opportunity to promote our shire. {Kulin shire has promoted on tv}.” This motion was withdrawn by both the mover and seconder.



12. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY A DECISION OF MEETING

Nil

13. MATTERS BEHIND CLOSED DOORS

Statutory Environment Section 5.23(d) of the Local Government Act 1995 allows the Council to close all or part of a Council Meeting to members of the public if the meeting or the part of the meeting deals with a range of issues, including

• legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting;

• a contract that may be entered into; • a matter affecting an employee or employees.

As such it is recommended that the meeting be closed to the public in order deal with the following items: 13.1 Lot 45 Frankland River Tree Farm, Frankland River ‐ Dam 13.2 Industrial Land Requirements 13.3 Performance Review – Chief Executive Officer A decision to close a meeting or part of a meeting and the reason for the decision are to be recorded in the minutes of the meeting. Voting Requirements Simple Majority OFFICERS RECOMMENDATION: Motion 14082010 Moved Cr Murray, seconded Cr Denton that the meeting be closed to members of the public in accordance with section 5.23(2)(d) of the Local Government Act 1995 to discuss:

• legal advice obtained, or which may be obtained, by the local government and which relates to a matter to be discussed at the meeting;

• a contract that may be entered into; and • a matter affecting an employee or employees.

Carried 9/0



13.1 SUBJECT LOT 45 FRANKLAND RIVER TREE FARM, FRANKLAND RIVER ‐ DAM

REPORT AUTHOR: Liz Bushby

Gray & Lewis

Motion 15082010 Moved Cr Parsons, seconded Cr Cunningham that standing orders be suspended at 4.25pm in order to discuss item 13.1 in detail.

Carried 8/1 Cr Forrest left the meeting at 4.26pm Cr Forrest re‐entered the meeting at 4.28pm Meeting adjourned at 4.39pm Meeting resumed at 4.50pm Motion 16082010 Moved Cr Parsons, seconded Cr Denton that standing orders be resumed at 4.51pm.

Carried 9/0 OFFICERS RECOMMENDATION/COUNCIL DECISION Motion 17082010 Moved Cr Denton, seconded Cr Denney that: 1. The Council pursue Option 3 as outlined in this report and authorise Gray & Lewis

Landuse Planners on behalf of the Shire to instruct Councils solicitors to prepare a written direction notice in accordance with Section 214 of the Planning and Development Act 2005 to be issued to the owners of Lot 45 Frankland River Tree Farm, Frankland River requiring:

(i) Removal of the dam within a time period not less than 60 days after the service of the notice; and

(ii) Restoration of the land as near as practicable to its condition immediately before the development started to the satisfaction of the Shire of Cranbrook.

2. Authorise Gray & Lewis Landuse Planners to send the Section 214 written direction to the owners by registered mail with a covering letter advising Mr & Mrs Gittens that:

(i) The Shire deliberated this matter carefully and considered it has an obligation to administer its Town Planning Scheme. The Shire has been given clear legal advice that it has no discretion to support the dam. A copy of your letter dated 25 July 2010 was provided to McLeods Barristers and Solicitors and they confirmed that the information provided does not alter their previous advice in any way.

(ii) The Shire notes your opinion that a discretion to support retention of the dam exists, however this is contrary to the legal advice obtained. Planning law and precedent is a complex legal matter and therefore the Shire considers the legal advice provides a sound basis on which Council can make an informed decision.



(iii) The Shire also notes that you have raised concern that some clauses of the

Scheme have been varied by the Shire, however the distinguishing issue is classification of whether the requirement is a standard or requirement capable of being varied. Again this is a relatively complex legal matter and in this specific case (involving the dam) legal advice has cited that Council has no discretion over the dam. Unfortunately the Council’s only option is therefore to either prosecute you through a magistrate court for constructing the dam in breach of the Scheme, or to require removal of the dam through issue of a formal written direction / notice.

(iv) Council has already given you several opportunities to remove the dam and has resolved not to proceed to prosecution at this point in order to give you one last opportunity to remove the dam.

(v) Accordingly Council resolved to issue a formal written direction notice under Section 214 of the Planning and Development Act 2005 requiring removal of the dam. The Section 214 direction has been compiled by the Shires solicitors and is a formal legal notice.

(vi) Council wishes to ensure that you are aware that you have a right to lodge an application for a review of the written direction to the State Administration Tribunal (SAT) within a limited time period. Gray & Lewis considers that SAT would simply uphold the written direction as the dam is unauthorised development, however you are welcome to obtain your own legal advice on this matter.

(vii) Failure to comply with the Section 214 written direction is an offence. If you do not comply with the written direction then Council may still pursue prosecution through the magistrate court. The magistrate court can issue you with fines under the Planning and Development Act 2005 of which you have been advised under previous correspondence. In court proceedings the Shire may also seek re‐imbursement of some its legal costs and would anticipate a successful prosecution.

Carried 7/2



13.2 SUBJECT INDUSTRIAL LAND REQUIREMENTS



Officers Recommendation That:

1. The process underway for the acquisition of freehold title of Unallocated Crown Land lot 313 Salt River Road, Cranbrook continue, for a future industrial land sub‐division;

2. The process underway for the acquisition of freehold title of reserve 46600 Johnson Street, Cranbrook continue;

3. The Lessee of Lot 312 Salt River Road, Cranbrook be approached seeking support for the Council to obtain freehold tenure, with the understanding that a large portion of the lot would be leased from the Shire to the current lessee; and

4. The Chief Executive Officer instigate a concept plan for sub‐division of lots 312 & 313 Salt River Road, Cranbrook that enables a staged approach and a variety of block sizes.

COUNCIL DECISION Motion 18082010 Moved Cr Denton, seconded Cr Murray that:

1. The process underway for the acquisition of freehold title of Unallocated Crown Land lot 313 Salt River Road, Cranbrook continue, for a future industrial land sub‐division;

2. The process underway for the acquisition of freehold title of reserve 46600 Johnson Street, Cranbrook continue;

3. The Lessee of Lot 312 & 311 Salt River Road, Cranbrook be approached seeking support for the Council to obtain freehold tenure, with the understanding that a large portion of the lot would be leased from the Shire to the current lessee; and

4. The Chief Executive Officer instigate a concept plan for sub‐division of lots 312, 313 & 311 Salt River Road, Cranbrook that enables a staged approach and a variety of block sizes.

5. A fully costed report is to come back to the Council prior to any action being taken. Carried 9/0



13.3 SUBJECT PERFORMANCE REVIEW – CHIEF EXECUTIVE

OFFICER REPORT AUTHOR: Cr Forrest

Shire President

The Manager of Works, Chief Executive Officer and Manager of Business Development left the meeting at 5.18pm Motion 19082010 Moved Cr Forrest, seconded Cr Griffiths:

1. That Council place a copy of the detailed review analysis that was generated by Councillors conducting a review of the CEOs performance on the 11th August 2010 on the CEOs personal file.

2. That Council believes the CEO has met or exceeded all performance indicators relevant to his position.

3. That Council, after extensively reviewing the CEO salary package on a market based appraisal system, increase the cash component of the CEO salary package by 15% to be effective from 1 July 2010.

4. That Council amend by mutual agreement the CEO contract, namely the following items: a) Item 12.12.2 page 10 the last sentence of this section be changed from reading

‘The CEO shall meet the cost associated with travel to the conference venue.’ Shall become ‘The CEO shall meet the costs associated with travel to the conference venue in excess of $500.’

b) Item 12.3.4 page 8 under the heading Motor Vehicle shall be changed so that it reads ‘Full private use is permitted within the South West Land Division of Western Australia provided that fuels and oils purchased during periods of such private use exceeding $500 annually are not charged to Council.’

c) That at the bottom of page 7 the following two items be added • 12.1.9 Annual conference airfare ‐ $500 per annum • 12.1.10 Fuel for motor vehicle during periods of private use ‐ $500 per

annum 5. That the next CEO performance review be completed prior to the August 2011

Ordinary Meeting of Council. 6. That Council enter into negotiations with the CEO by no later than 10th November

2010 with regard to his employment contract being extended as per the conditions set out in the current contract in item 5 on page 5.”

Carried 8/1

Cr Denton requested that his vote against this motion be recorded. The Manager of Works, Chief Executive Officer and the Manager of Business Development re‐entered the meeting at 5.24pm. Motion 20082010 Moved Cr Denton, seconded Cr Denney that the meeting be re‐opened to the public at 5.24pm.

Carried 9/0



14. CLOSURE OF MEETING

There being no further business to discuss, the President Cr Forrest closed the meeting at 5.25pm.

Minutes Confirmed / /

............................................. Chairperson

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