Toodyay Herald

Ms Hall said the area was a significant habitat for Black Cockatoos and Chuditch in a wheatbelt region that had undergone a high level of clearing.

“It is unacceptable that such an emphatic statement as the Powderbark Wandoos at the beginning of the flora-designated road should be demolished when there is an alternative,” Ms Hall said.

Acting Shire Planning and Development Manager Hugo de Vos told last month’s council meeting that there was no dispute about the need to upgrade Toodyay Road.

“The Shire of Toodyay has no decision-making authority in this case,” Mr de Voss said.
The work was being funded by Main Roads WA.

Local and State Government members had undertaken “significant” advocacy to “to take advantage of available funding to complete projects to the benefit of the community”.

Mr de Voss said ongoing opposition to the proposed works could result in Main Roads WA reconsidering the scope and “possible loss of funding for these works”.

Main Roads WA had to consider its own budgets and “ideally will develop a project which is addressing the environmental, economic and social elements of sustainable development”.

“Too often, however, the outcome is not a balanced one and it is the environment that makes way for a more dominant focus on economic and social impacts,” he said.

“The cost that the community bears is the loss of important environmental assets which, in the case of a 420-year-old tree, cannot be replaced quickly through the usual environmental offset process.

“Is there a better way that does not involve the loss of this vegetation?

“There may, or there may not be.”

Mr De Voss said the shire’s Environmental Advisory Committee had recommended that “further conversation” was needed.

“Importantly, it is a strong message that the council is giving to its community that it supports the environment and that this is a major part of who we are and what we stand for, and also that it is listening to the community and using its powers of advocacy to obtain better outcomes.”

The council voted 7-1 (Cr Susan Pearce against and Shire President Rosemary Madacsi on sick leave) to note Ms Hall’s submission and write to the WA Department of Water and Environmental Regulation “requesting further dialogue occurs about the planning to achieve an outcome balancing the preservation of natural assets with budget and design constraints”.

Main Roads WA said it had examined six design options for upgrading the Salt Valley Road intersection.

The final selection was based on “environmental, engineering and safety considerations”.
“The selected option results in reduced overall clearing of native vegetation, large habitat trees, Black Cockatoo foraging habitat and priority flora species compared to other options,” a spokesperson said.

“These comparisons were presented to the Project Community Reference Group which endorsed the preferred alignment.

“Main Roads is continuing to refine the road designs and is exploring options to avoid the two Powderbark Wandoo trees at the intersection while ensuring safety objectives and environmental approvals are met.”

The result represents a clean sweep to replace a former Toodyay council publicly discredited by 23 adverse findings against it and a former CEO when the results of a year-long State Government inquiry were tabled in the WA State Parliament last year.

This year’s four candidates were the only nominees for four council vacancies, which means there will be no postal ballot of Toodyay electors this month.

It will be the first time in shire history that all elected members will represent all Toodyay voters after minority ward representation was abolished two years ago.

The council’s two remaining veteran councillors elected under the former ward system – Crs Brian Rayner (shire president 2017-19) and Therese Chitty (deputy president 2015-19) – did not stand for re-election when their terms expire this month.

A third veteran of the abolished ward system, former Cr Paula Greenway, resigned last March.

Cr McKeown was first elected in a postal ballot of all Toodyay voters in July last year after former Cr Bill Manning (shire president 2019-2020) resigned to move to Tasmania.

Cr McKeown and the three new councillors are due to start their four-year terms on Saturday October 16.

A special council meeting has been called for 1pm on Monday October 18 to swear in the four elected members, who will then join the other five sitting members to elect a president for the next two years.

Cr Rosemary Madacsi currently holds that position and is expected to renominate.

Shire CEO Suzie Haslehurst said a five per cent increase would generate a surplus of $80,000 in the current financial year.

Councillor payments would remain the same except for an additional $1000 travel allowance which will be shared by all elected members from a single fund.

Use of Toodyay’s new Recreation Centre facilities – including the swimming pool – will cost five per cent more, as will rubbish collection, hall hire, cemetery fees, planning applications and other costs.

The increases apply from October 1.

The council heard earlier that a four per cent rate rise would leave a $30,000 deficit.
However, the last-minute discovery of a $70,000 double entry in cost allocations would have turned it into a $40,000 surplus.

Cr Susan Pearce said the shire was in a precarious position after the expense of two major storms but needed to be mindful not to over-burden the community with increases.

Cr Phil Hart said roads had been under-funded for years – there was a legal and moral responsibility for future generations.

Shire Deputy President and Audit Committee Chair Beth Ruthven said a break-even budget was too risky “in these unpredictable times”.

“We have little in our reserves and we need to be in a more resilient position with a forward-thinking budget,” she said.

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.