Toodyay Herald

Councillors have yet to finalise a shire budget but are required by law to advertise intended rate rises for public comment prior to adoption.

Last month’s council meeting was told that owners of some small non-residential rural properties could face rate increases of up to 18 per cent.

But an average 12 per cent fall in State land valuations in that sector would limit actual dollar increases to about five per cent overall.

Last year’s median rates in that category were $2500, and this year would be $2620 – a 4.8 per cent increase.

Land valuations are set by the State Government and can be challenged by an objection to Landgate within 60 days of receipt of a shire rates notice.

Rates notices won’t be issued until after the council adopts a budget this month for the 2021-22 financial year.

Shire CEO Suzie Haslehurst said she had sought State permission to delay the budget beyond an August 31 deadline set by local government law.

This was because it had taken until August 19 to upload latest State land valuations into new shire software to produce accurate budget figures for the council to work with.

This year’s rates are expected to raise a total of $6.65 million for a projected budget surplus of $1.6 million.

The anticipated surplus includes projects that were delayed or not completed last year, and carry-over funding from 2020-21 that was yet to be spent, Ms Haslehurst said.

Shire CEO Suzie Haslehurst said detailed budget costings would be published when the shire’s new budget is finalised later this month, probably at a special council meeting on a date yet to be decided.

New Corporate and Community Services Manager Tabitha Bateman reported last month that the shire’s new $14 million recreation centre would need $400,000 to operate this financial year.

It was later confirmed to The Herald that this does not include loan repayments totalling $312,000 a year for the next 20 years, with the first six-monthly instalment due in December.

Councillors voted 6-0 at a special council meeting last month (Crs Brian Rayner an apology and Ben Bell absent on council-approved leave) to advertise a proposed five per cent rate rise for public comment.

Several powerboats capsized in the torrent and safety marshals had to rescue two contestants after their craft flipped in a tight turn and was swept over the weir.

A new category of powerboats also made an appearance, with some becoming airborne as they cleared the weir.

This year’s entrants in all categories faced stronger currents and higher river flows after weeks of heavy rain in the Avon Valley catchment area.

State Government records showed river levels at nearly two metres for the race.

Locals and visitors were also treated to a fun-filled Saturday festival with lunch and live music at the town’s annual International Food Festival in Stirling Park.

Contestants woke next morning to chilly waters, thick foam and dense morning mist as they set off downstream from the traditional Cobbler Pool overnight campsite.

Several kayak entrants capsized in the rapids, with most recovering quickly.

Some had significant trouble regaining their balance and several lost boats that were rapidly swept away downstream.

One lost his paddle in thick white foam and had to use a collapsible emergency paddle clipped to the front of his kayak to resume the race before again capsizing moments later.

The shire-owned property next door to his home contains a dilapidated timber-framed building (left) that was transported from Cue to Toodyay in 1919 for use as manual training schoolroom before it was again moved to its current site and used as a police station.

The building consists mainly of one large room with an unsewered outdoor toilet at the back.

It is not on the Shire of Toodyay heritage list or municipal inventory and is not State heritage council listed but is noted in council policy as being in the town’s central heritage area and having “some” level of significance.

The land is currently zoned R10 for a single dwelling with plans to increase the zoning to accommodate three strata-titled units.

The current building is not designed to be a dwelling and is unsuitable for family use.

In 2008, the Toodyay Historical Society supported moving the building about 60m to a new site in Clinton Street.

Mr Graham told a July council meeting that he would refer the shire’s proposed land sale to the State Administrative Tribunal and the WA Ombudsman because he said it “breached council policy”.

He said in the chamber after the meeting that the council was “telling lies”.

A shire letter read out at last month’s auction said that local planning policy provided a “presumption against demolition” and that council approval must be sought “should demolition be proposed”.

Prior to the start, Mr Graham began handing out leaflets to about 30 people present, including potential buyers.

Auctioneer Tony Maddox went over to Mr Graham and asked him to stop.

Mr Graham told Mr Maddox that the auction was being held in a public place which meant that he was legally entitled to continue handing out his leaflets.

Mr Maddox said the CWA Hall was on private property and that it was his auction to conduct without interference.

Mr Graham continued arguing and was  told by Mr Maddox that if he did not stop handing out the leaflets, police would be called to remove him from the premises.

Mr Graham was then seen to depart the hall  with his leaflets and return empty-handed.

Mr Maddox said later that the incident was extremely upsetting, and his hands were clearly shaking when he read out the terms of the auction prior to calling for opening bids.

“I’ve been an auctioneer for 27 years and have never experienced anything like this before,” Mr Maddox said.

Mr Maddox said he had earlier received two letters from Mr Graham warning that he risked personal liability for “punitive action” if potential buyers were not given “critical information” that would affect the “price, owners’ costs and all future works”.

It is understood the shire also received several letters and emails from Mr Graham in the weeks and days leading up to the auction.

Mr Graham – who served three terms as Labor MP for the Pilbara from 1989 to 2001 and one term as an Independent MP (2001-2005) – declined to respond to requests on his Facebook page and from The Herald to disclose the contents of his auction leaflet.

Bidding for the Duke Street property opened at $50,000 and resulted in a successful offer of $75,000 from a Perth buyer.

It is understood the new owner plans to use the building initially as a ‘weekender’.

Mr Graham later declined to return  a Herald phone call for comment and texted  the following message on condition it be printed in full or not at all.

“Because of your Facebook posts I no longer have any confidence that you can report objectively.

“The only comments I wish to make are that every claim I made about the heritage of the property was validated.

“A level of disclosure was made that verified both that heritage status and the protections afforded by council policy.

“Without my intervention the council would have acted unlawfully.

“The original advertisements to remove the building from the property were withdrawn because to take that action was unlawful.

“The council still has never been advised correctly that their own policy and town plan protected this property.

“I met the new owner and wished him well.”

Two other shire-owned lots in Telegraph Road – one with a house on it – were sold as a single parcel to local civil contractor Vernice for $265,000.

Last month’s land sales were the first in a series of public auctions of 12 shire-owned residential properties to help pay off shire debt during what local real estate agents describe as a local land sales boom.

There would be “no direct impact to wildlife or significant habitats,” the company said in its latest newsletter.

“Small track-mounted diamond drill rigs would be used to minimise our impact and footprint,” it said.

“These roll over low-lying vegetation and navigate around trees, eliminating the need for mechanised vegetation.

“All drill water and cuttings will be captured in portable containers and removed.”
Chalice says it has spent more than $400,000 in the Toodyay community since announcing last year’s discovery.

“All councillors interviewed spoke of the CEO in positive terms and of the improvements that the CEO had instituted since commencing the role in June 2020,” the review said.

Councillors said there was no “block or factional voting” at council meetings, and the review said it had found no evidence of factional voting at meetings held during a 16-month period to last February.

However, seven of the shire’s eight councillors (one was not interviewed) said “one or more councillors (had) behaved in ways or spoke using language” contrary to the Shire Code of Conduct and local laws governing meeting procedures.

They said one councillor “spoke in a disrespectful fashion concerning fellow councillors”.
Workshops and meetings could become strained “as a result of questions or comments directed at staff”.

Three senior staff said they had experienced “unpleasant and inappropriate behaviour” by councillors at workshops and agenda briefings.

The review said such behaviour for any reason – including frustration over reports containing inaccurate information – was “unjustified and inappropriate”.

The review said all councillors – including the presiding officer – had a public duty to object to any unacceptable language or behaviour at council meetings.

“This would demonstrate to the public that the correct standards of behaviour are important,” the review said.

Councillors were criticised for spending too much time talking behind closed doors.

The default position should be “openness and transparency” unless it exposed the council to “inappropriate legal or financial risk or be otherwise inappropriate”.

Items such as CEO recruitment, the new sport and recreation centre and shire contracts should be dealt with publicly, as occurs in “many” metropolitan councils.

However, staff reports needed to be more “succinct, clear and written in plain English”.

“Large swathes” of unexplained legislative material was unhelpful, confusing, unnecessary and intimidating.

“Financial information was, at times, difficult to comprehend and, on several occasions, contained significant and material errors,” the review said.

“Complex policy and strategy matters had been placed on the meeting agenda for a decision, giving the councillors little chance of comprehension of the subject matter that could lead to an informed decision being made.

“It should be understood and acknowledged by officers writing agenda reports that they do so, not only to inform and advise the councillors, but also members of the community.

“Reports should be written in such a way that a member of the community with reasonable literacy and numeracy skills can understand the body of the report and its alignment with the officer’s recommendation.”

Councillors complained that they were not more involved in policy development.

“Concern was expressed that draft policies or significant revisions had been submitted for decision without opportunity to effectively discuss and explore the context and purpose in their formative stages through a workshop process,” the review said.

Councillors knew about the shire’s May 2020 Corporate Business Plan but said it was rarely used as a key planning tool.

“Given the major capital expenditure of the new recreational facility and resulting significant increase in year-in year-out operating expenses, the Corporate Business Plan becomes an important tool in assisting the council in overseeing finances and allocating resources into the future,” the review said.

THe shire Corporate Business Plan needed higher priority as the council’s principal guide to strategic financial management.

The review recommended twice-yearly workshops for councillors and senior staff to “analyse, discuss and deliberate on allocation of shire finances and resources”.

The business plan needed to include a five-year forecast for income and expenditure that excluded non-cash items such as depreciation and asset revaluation.

“The inclusion of non-cash items – while necessary by law – can make understanding year-in year-out financial scenarios somewhat daunting for councillors and members of the community,” the review said.

Most councillors were unhappy to be “essentially isolated” from developing the shire’s Strategic Community Plan, which has yet to be finalised.

Some councillors said a draft plan failed to mention a need to manage community expectations and acknowledge careful and considered financial management of costs.

The 49-page review is published on the shire website and is due to be workshopped by councillors this month to enable them to vote on a response to the Director General of the WA Local Government Department.

Shire President Rosemary Madacsi said she was generally happy with the review.

“We are aware of areas that need change but have been limited by time and resources to act quickly,” she said.

Ms Madacsi said the shire had already spent the past 12 months taking steps to address areas that needed improvement.

Some of these were legacy issues from previous years.

“The council will also take a tougher line on conduct,” Ms Madacsi said.

Shire CEO Suzie Haslehurst said the review was a roadmap to where the shire should be focussing its efforts.

One improvement already being acted on was the introduction of council workshops at least once a month to discuss policy development and big or contentious issues.

Agenda reports to council meetings would be “clearer and less dense”.

An ‘action plan’ in response to the review is due to be decided at the council’s next ordinary meeting on Tuesday August 24.

Avon Descent Association CEO Sean Dunstan said there would be some changes at the Cobbler Pool overnight camp but it was “nothing organisers haven’t had to plan for in the past”.

“We’ve had to adjust our set ups here and there but we’re always planning for the worst-case scenario,” he said

“There’s a very good possibility that we’ll set some new records this year.”

Spectators can also expect more action with a new mini jet boat category this year.

Mr Dunstan said bans on international and interstate travel due to Covid-19 restrictions meant more West Australians would be taking part in this year’s event.

Two kayak entrants – Jacky Phillips and Stephen Bird – competed in the London 2012 Olympics.

The race is scheduled to start in Northam at 8am on Saturday August 14 with food trucks and coffee vans supplying breakfast for spectators from 7am.

Toodyay Lions Football Club will manage spectator facilities at Extracts Weir near Toodyay, where the first power boats are expected to arrive at about 8.20am, depending on whether the start is delayed by heavy early morning mist in the valley.

Kayak competitors are expected to start arriving at the fast-flowing weir mid-morning.

Contestants will pass under Newcastle Bridge before arriving at the Cobbler Pool overnight campsite, which is being managed by the West Gidgegannup Volunteer Bush Fire Brigade.

The Shire of Toodyay will host an international food fair and family fun day on both sides of Newcastle Bridge from 10am to 3pm on Saturday August 14.

Shire of Toodyay Reserve Management Officer Greg Warburton said spectators could expect the river to be flowing fast which augured well for this year’s race.

The Wheatbelt Health Network (WHN) says it ordered a total of 1100 AstraZenica doses for Toodyay this year, with 270 shots now ready for immediate use, and a further 100 due to arrive early this month.

Tough State Government restrictions have helped stop the virus spreading in WA but the highly infectious Delta variant has spread rapidly through Sydney’s densely populated west and south-west suburbs and shopping centres.

AstraZenica Australia President Liz Chatwin told ABC Radio this month that two shots of AstraZenica were 92 per cent effective in keeping people out of hospital.

Mass vaccination was critical because even people showing no symptoms could still easily transmit the highly contagious Delta strain to others in the workplace and at home.

She said about 12 million Australians had been vaccinated, including 6.3 million with AstraZenica.

However, medical authorities say they are concerned at the slow take-up rate in WA where only 37 per cent of aged care workers had received their first dose at the end of last month compared with 51 per cent nationally.

NSW Premier Gladys Berejiklian warned at the end of last month that more people will become seriously ill and some may die as Australia’s biggest city remains locked down and businesses forced to shut down until at least August 28.

Toodyay residents aged 50 or older are now eligible to receive the AstraZenica vaccine under a recent lowering of the age for which it can be given.

A national census in 2016 found that nearly a third of all Toodyay’s 4439 residents were aged 65 or older – a globally high-risk group for Covid-19 infection.

WA health authorities recommend the Pfizer vaccine for people aged 30 to 49, though it is not yet available in Toodyay.

AstraZeneca can be provided to people in that age group if their suitability is assessed by a qualified health professional and written or verbal consent is provided by the recipient.
Vaccination reduces the risk of serious illness or death in all age groups.

However, health authorities say they are not certain how long the protection lasts and are urging all vaccinated people to continue to maintain social distancing of at least 1.5m, keep washing or disinfecting their hands and maintain other Covid-safe behaviour.

WHN Acting CEO David Singe said Toodyay doctors had been unable to obtain the Pfizer vaccine for younger local people but he hoped supplies would arrive in the next round of the national vaccine rollout.

He commended Toodyay’s older residents for getting vaccinated with AstraZenica and said delivery of supplies appeared to be progressing smoothly.

“The national focus is clearly focussing more intensely on the importance of being vaccinated, regardless of variants,” Mr Singe said.

“Border management by the WA Government provides the ideal opportunity to have the protection without the immediate concern of active cases in the community.”

A decision had been delayed “while we look at other options”.

The new pool was designed for heating to be added and the builder had provided an initial cost estimate.

There had been no formal council decision on heating but councillors were generally agreed that the pool should be heated, pending quotes and a decision on cost.

The delay is expected to disappoint regular swimmers who use the pool for exercise and hoped it could open in winter.

A Clublinks spokesperson said a decision on heating the pool lay with the shire.

All five Catholic Precinct properties being sold near the town’s eastern entry are owned by the Roman Catholic Archdiocese of Perth and zoned ‘mixed use’.

They include nearby O’Connor House (St Pio’s) and Mercy Convent.

The convent sale includes a large parcel of subdivided land at the rear with separate vehicle access from Goomalling Road.

Nearby St John the Baptist Catholic Church is not for sale.

The latest development followed a six-week call for expressions of interest.

The former boys’ school had been sought by local volunteers in an unsuccessful fundraising bid to use it as an local hub for creative arts across the Avon Valley .

Labor pledged $100,000 before the last State election in March to help Toodyay’s Home of Culture and Arts Group group raise community funds to to buy the building.

It is not known what the new owner intends to do with the property.

It includes upstairs dormitories, a stage, small auditorium and kitchen.

Mr Butler said the buyer’s identity and purchase price would not be publicly announced until after settlement was completed in the next few weeks.

The formal review follows a year-long State Government inquiry which made 25 adverse findings against the former council and shire – including 14 adverse findings against former shire CEO Stan Scott – over a seven-year period.

Two councillors who led the council for part of that period – former shire president Brian Rayner and former deputy president Therese Chitty – still serve on the council.

A third, former Cr Paula Greenway, resigned at the end of April with six months of her four-year term left to serve.

Last year’s findings include that the former council failed to “give guidance and direction” to the former CEO over the loss of $550,000 of ratepayers’ money in a failed court case against two former civic leaders.

“The new council voted 7-2 at its April meeting (Crs Greenway and Mick McKeown opposed) to appoint Perth local government consultants Hammond Woodhouse Advisory to conduct the latest review and report back to the State Government by September 30.

Joint consultancy principal Andrew Hammond is a former City of Perth Commissioner and former CEO at the shires of Nannup, Wyndham and East Kimberley, and at the cities of Albany and Rockingham.

The WA Electoral Commission wrote last month that it would approve a May council decision to defer an election until October.

It will be the first time all Toodyay voters decide who fills the seat after the 2017 vote was restricted to only those living in the now-abolished former West Ward – which includes Morangup – when former Cr Greenway was re-elected with 214 votes.

Crs Brian Rayner and Therese Chitty, whose four-year terms also expire in October, are the only other two remaining councillors who have never faced all Toodyay voters.

Nobody voted for Cr Rayner in 2017 when he was the only candidate to stand in the now-abolished North Ward, and Cr Chitty was elected in the former East Ward with with only 284 votes.

A total of 2575 Toodyay electors were enrolled to vote in 2017, and 3425 in 2019.
Cr Ben Bell topped the shire’s historic first postal ballot of all Toodyay electors in 2019 with a record 1126 votes when ward restrictions were abolished.

A council forum in April discussed whether more money could be saved by cutting the number of Toodyay councillors from nine to seven, as in neighbouring Goomalling, Chittering and York.

The Local Government Advisory Board said last month that it was too late this year to elect a smaller council in October.

The board said it needed to be formally notified of an absolute majority vote of at least five supporting Toodyay councillors by January 31 in a local government election year.

The board would then take a further six to nine months to review and publish its decision in the WA Government Gazette.

This needed to be done by June 30 in an election year to enable the WA Election Commission (WAEC) to modify the poll.

“The good news is that if your Shire decides to commence a representation review (via council resolution) soon, then you will be well ahead of the game for the 2023 LG elections!” the board wrote.

Cutting the council’s size was omitted from last month’s decision to leave former Cr Greenway’s seat empty until October.

Councillors voted 7-0 (Cr Bell absent on council-approved leave) to seek WAEC approval to defer an extraordinary election until the state-wide October poll.