Minutes of Ordinary Council

A Citizenship ceremony was conducted for Mohammad Hussain. Cr DeCampo presented Mr Hussain with his Citizenship Certificate and congratulated him on behalf of Councillors and Staff.

2. RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (Previously Approved):

2.1 PRESENT:

Councillors

Cr W De Campo (Shire President)

Cr D Bavich

Cr C Chodorowski

Cr R Curo

Cr L Daubney

Cr T Fahey

Cr D Jenkins

Cr J Jones

Cr S Karamfiles

Cr D Tapley

Cr R Taylor

Staff

Ms Gail Ipsen Cutts (Director Community Services)

Mr Doug Elkins (Director Works)

Mr Roy Winslow (Manager, Planning & Sustainability)

Gallery

Elma Pottinger

David Pottinger

David Giblett

Vanessa Kelly

Nigel Kelly

Ann Lyster

Nikki Shiel

Mohammad Hussain

Kristy Waller

Sue McSharer

2.2 Apologies:

Cr D Tapley

2.3 Leave Of Absence: Nil

3. PUBLIC QUESTION TIME / PUBLIC FORUM: (15 Minutes)

Under meeting procedure (Standing Orders) this is the only opportunity for members of the public to address Council. There is no further opportunity to interject or question the Council or Staff during the meeting.

3.1 Public Question Time Nil

3.2 Public Forum

3.2.1 – Sue McSharer – Top Notch Café, Timber Park.

Ms McSharer read from the attached prepared statement.

ATTACHMENT 3.2.1

Cr DeCampo responded:

· Landscape / Concept plan proposal ($20,000 funding).

· SuperTown

· World of Energy

· Floor – where is it at?

3.2.2 Nigel Kelly – Item 12.3.2 Windy harbour – Alleged Breach of Reticulated Water usage Policy.

· Decision made without all of the facts.

· 23.12.11 – Kim Nolan invited to come and see the site.

· 12.1.12 – Second invitation.

Question from Cr DeCampo: Did you not have it connected?

Nigel Kelly – Stated he did not have water connected to main.

4. PETITIONS / DEPUTATIONS / PRESENTATIONS (by others): Nil

5. APPLICATIONS FOR LEAVE OF ABSENCE: Nil

6. CONFIRMATION OF MINUTES:

Moved: Daubney, L Seconded: Jones, J

25160

That the Minutes of the Ordinary Meeting of the Council held on

8 December 2011 be confirmed.

CARRIED: 10/0

7. DISCLOSURE OF FINANCIAL INTEREST:

The Director Community Services advised she has received Financial Interest declarations from Cr Daubney for Item 12.1.3, Cr Taylor for Item 12.1.3 and Cr Curo for Item 12.3.1.

Cr Daubney advised that she has Financial Interest in Item 12.1.3 as she is the leaseholder of Lot 114 Windy Harbour.

Cr Taylor advised that he has a Financial Interest in Item 12.1.3 as he is the leaseholder of Lot 239 Windy Harbour.

Cr Curo advised that he has Financial Interest in Item 12.3.1 as he is the secretary/treasurer and member of Manjimup Country Club.

8. ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION: Nil

9. NOTICE OF INTENTION TO MOVE SUSPENSION OF STANDING ORDERS AT CLOSE OF MEETING: Nil

10. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil

11. REPLIES TO QUESTIONS TO WHICH DUE NOTICE HAS BEEN GIVEN: Nil

12. COUNCIL OFFICERS’ REPORTS:

Moved: Daubney, L Seconded: Chodorowski, C

25161

“That the Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 71 of the Agenda with the exception of:

CARRIED: 10/0

12.1.2	Proposed Alterations and Extensions to a Non-Conforming Use - New Accommodation Block for the Guest House at Nelson Location 11822 Ralston Road, Dixvale
12.1.3	Consideration of Submissions and Final Adoption of Draft Local Planning Policy LPP4 6.1.7 - Windy Harbour Design Codes
12.3.1	Manjimup Country Club Requests Approval for a Temporary Caravan Park Camping Ground.
12.3.2	Windy Harbour - Alleged breach of Reticulated Water Usage Policy
12.4.1	Council Financial Payments October 2011
12.8.1	Budget Amendment - Successful Lotterywest Funding Application - Shire of Manjimup Australia Day Celebration 2012
12.8.2	Budget Amendment - Successful Lotterywest Funding Application - Coalmine Beach Heritage Trail - Interpreting Cultural Heritage
12.12.3	Manjimup SuperTown additional funds for preparation of the Growth Plan and other supporting plans
12.14.1	Minutes of the Audit Committee Meeting held 8 December 2011
12.14.3	Request to Amend Terms of Reference for Northcliffe Forest Park Management Committee
12.15.1	Minutes of the Manjimup Timber and Heritage Park Advisory Committee Meetings held 13 December 2011

Items passed by En Bloc Resolution

12.1.1 Proposed Change of Use from Shop to Personal Fitness Studio at Lot 173 Rose Street, Manjimup

12.4.2 Council Financial Payments November 2011

12.4.3 Monthly Financial Activity Statement - November 2011

12.5.1 Construction of Compensation Basin and Associated Landscaping in Anunaka Park to Reduce Flooding in Jarrah Road, Manjimup

12.12.1 Minutes - Annual Electors Meeting 30 November 2011

12.12.2 Exercise of Delegated Power during the period 25 November 2011 to 6 January 2012

12.14.2 Minutes of the Airfield Management Committee Meeting held on 12 December 2011

12.14.4 Minutes of the Northcliffe Town Hall Management Committee Meeting held 19 December 2011

12.15.2 Minutes of the Bush Fire Advisory Committee held 7 December 2011.

12.15.3 Minutes of the Walpole Townscape Committee Meeting held on 9 December 2011

ATTACHMENT

12.1.1 Proposed Change of Use from Shop to Personal Fitness Studio at Lot 173 Rose Street, Manjimup

PROPONENT	Ms T Melotti & Ms F Eaton
OWNER	Killarney Lawns Pty Ltd
LOCATION / ADDRESS:	Lot 173 Rose Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIVISION:	Statutory Services
FILE REFERENCE:	P52128
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Nathan McDonald, Kaylene Roberts
DATE OF REPORT:	6 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is asked to consider the abovementioned planning application proposing the establishment of a Personal Fitness Studio on Lot 173 Rose Street, Manjimup. This application constitutes a change in the approved use of the property.

The site has an area of 547m² and is located within the Manjimup Town Centre Zone. The site currently contains a large vacant building which was previously used as a retail outlet. Location and site plans of the property are attached.

ATTACHMENT: 12.1.1(1)

The proposal seeks approval to establish a personal fitness studio within the existing building located on the site. No additional construction works are proposed as part of this development.

The Personal Fitness Studio will offer individual and group personal training sessions catering for a maximum of four (4) people. The studio will also offer indoor cycling and circuit classes catering for a maximum of 12-14 people.

The application is referred to Council for determination as the proposed personal fitness studio constitutes a ‘use not listed’. Under clause 4.20.2 of the Shire of Manjimup Local Planning Scheme No.4, Council is required to determine if the proposed use is consistent with the objectives of the zone prior to approval.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to Central Ward Councillors and adjoining landowners. The development was also advertised in the Manjimup Bridgetown Times. Advertisement occurred on 14 December 2011 coinciding with the release of letters to from the Shire Office to Central Ward Councillors and adjoining landowners. Submissions in relation to the proposed development closed on 3 January 2012.

No submissions have been received as a result of the advertising period.

COMMENT (Includes Options):

The aforementioned application requests Council approval for the establishment of a Personal Fitness Studio on Lot 173 Rose Street, Manjimup. As mentioned previously, a ‘Personal Fitness Studio’ cannot be contained within any of the land use definitions under the Shire of Manjimup Local Planning Scheme No.4.

As per Clause 4.20.2 of the Scheme where a person proposes to carry out a use on any land that is not specifically mentioned in the zoning table (Table 1) or cannot be reasonably determined as falling within a use class/category, Council may:

i) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;

ii) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of Clause 9.6 in considering an application for planning approval; or

iii) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.

Shire staff recommend Council use sub-clause ii) as outlined below.

Consistency of Use within Town Centre Zone

As identified within the Scheme, the proposed development is situated within the Town Centre zone. The major purpose of the town centre zone is to:

“provide for the establishment of ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas.”

Currently there are no approved fitness studios or gymnasiums located within the Manjimup Town Centre. The proposed development is considered consistent with the purpose of the zone.

Additionally, objectives established within the Scheme for Town Centre zones state that Council:

“should encourage a diverse range of activities and associated infrastructure/services required to fulfil the community, commercial and administrative functions of a town centre.”

The establishment of a personal fitness studio within the Town Centre zone achieves the purpose of the abovementioned objective, providing a service which fulfils community functions.

Consistency of Use with Planning Precinct

The Scheme identifies that the proposed development falls within Manjimup Precinct 1. The Scheme states that within Precinct 1, development is to provide a broad range of uses responding to the demands of a growing rural and tourist service centre. These uses should include: retail; commercial and professional offices; service commercial and service industry; tourist related businesses and accommodation; residential; community and medical facilities and the opportunity to allow innovative proposals.

The proposed development complies with the aims of the Scheme for precinct 1. The personal fitness studio will be a commercial venture providing a beneficial community facility. The proposed facility will serve to diversify fitness activities currently available to the Manjimup population.

Hours of Operation

It has been identified within the application that the proposed personal fitness studio will restrict its hours of operation. The hours of operation are stated below.

· Monday to Friday: 6am – 11am & 3pm – 7pm.

· Saturday: 8am – 12pm (max).

It should be noted that the personal fitness studio will not operate like a gym where members are able to access the facilities and work out at any given time. Clients using the facilities during the studio’s open hours will be under supervision from personal fitness instructors.

Amenity

Consideration should be afforded to residential properties located at the rear of the lot as operations may impact upon the amenity of the area, especially due to noise. As identified above, the proposed hours of operation are from 6am in the morning to 7pm at night Monday to Friday.

However, the development is located within the Town Centre zone as are the residences behind. It is therefore considered that there is no need to enforce hours of operation through a planning condition. If noise emitted from the fitness studio becomes an issue, there is provision under the Environmental Protection (Noise) Regulations 1997 to handle the matter.

Parking

As previously identified, the proposed development is to be established within an existing structure. The development site has had parking bays allocated in the past to cater to the needs of customers. A site inspection of the lot has identified that sealed car parking bays currently exist on-site. A plan of the existing parking configuration for Lot 173 Rose Street is attached.

ATTACHMENT: 12.1.1 (2)

It has been determined that the parking area currently provided on-site will be adequate for the proposed use. Any overflow from the car parking area can be adequately accommodated within street parking located on Rose Street.

However, it is recommended that if Council approve the proposed use that a condition be enforced requiring that car parking bays be line marked in accordance with Council standards.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005; and

Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

The proposed development is not expected to have any policy or strategic implications.

Financial Implications:

Nil

Sustainability:

Environmental: The proposed development is not expected to have any adverse impacts upon the surrounding environment.

Economic: The proposed development is expected to bring some economic benefit to the Manjimup Town Centre. The proposed Personal Fitness Studio will attract people from the outlying areas of the Shire into Manjimup. This attraction may have economic benefits, as the business is to be centrally located, and provides convenient access to shops before or after using the personal fitness studio.

Social: The proposed development will provide of social benefit to the community, providing a facility which offers activities currently in limited demand within Manjimup.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council;

1. In accordance with Clause 4.20.2 determines that the proposed Personal Fitness Studio to be situated at Lot 173 Rose Street, Manjimup, is consistent with the objectives of the Town Centre Zone; and

2. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4, grants approval for the proposed Personal Fitness Studio on Lot 173 Rose Street, Manjimup, in accordance with the submitted plans and subject to the following condition;

a. The area allocated for the parking of vehicles is to be clearly designated by way of marked bays prior to occupation of the land and buildings for its approved purpose to the satisfaction of the Local Government. (Technical Services)

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25162

That Council;

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.4.2 Council Financial Payments November 2011

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:
ZONE:	Whole of Shire
DIVISION:	Statutory Services
FILE REFERENCE:	FNC9
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Jodie Wallingford
DATE OF REPORT:	23 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the minutes.

ATTACHMENT: 12.4.2(1)

Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $1,479,069.62 for the month of November 2011 are itemised in the attachment.

Vouchers for the expenditure are available for inspection at the Council Meeting of 19 January 2012.

Fund	Vouchers	Amount
Municipal	71040 – 71482 + 71596	$1,468,769.62
Trust Fund	2748 - 2750	$10,300.00
Total Cheques for Month of November 2011		$1,479,069.62

Corporate Credit Card November 2011 – Municipal Account

PTK191.4.57	Western Power Head Office PERTH Application for High Load Movement Authorisation		$110.00
20221.324.57	McCays Home/Computer MANJIMUP 290GSM A4 Paper 2 Reams for Co Opera		$16.20
20221.334.57	Coles MANJIMUP 1x 200pk Serviettes for Co Opera		$7.00
20441.197.57	Blue Tiger Cafe MANJIMUP TPAC Meeting - Refreshments ST:1 NS:1		$7.60
501.6203.3204.58	Surveymonkey BILBAO ESP Gold Plan Annual Fee		$300.00
20113.197.57	Apple Online Store SYDNEY Emergency Services I Pad		$949.00
20113.197.57	Apple Online Store SYDNEY I Pad Extended Warranty		$99.00
20074.197.57	Dick Smith Online CHULLORA Emergency Services I Pad Accessories		$104.85
20113.197.57	Telstra MELBOURNE Pre Paid Data for ES I Pad		$150.00
20245.198.52	Goodearth Hotel EAST PERTH Accommodation - P.Krispyn 6&7/11/11 AIBS Seminar		$370.00
20033.197.57	Top Notch Cafe MANJIMUP SMT Meeting – Refreshments ST:4		$81.50
20049.197.57	Goldcorp Australia EAST PERTH Citizenship Coins		$165.12
20260.29.52 20026.29.58	CTM Perth MELBOURNE Airfare Booking Fee – P.Balley & R.Curo 2011 National Roads Congress		$90.20
20260.29.52	Regional Express BSP MASCOT Airfare: Adel–Mt Gambier–Melbourne 2011 National Roads Congress – P.Balley & R.Curo		$452.82
2002629.58	Regional Express BSP MASCOT Airfare: Adel–Mt Gambier–Melbourne 2011 National Roads Congress – P.Balley & R.Curo		$452.82
20260.29.52 20026.29.58	Regional Express Hold MASCOT Airfare Booking Fee – P.Balley & R.Curo 2011 National Roads Congress		$18.93
20260.29.52 20026.29.58	Qantas MASCOT Airfares Perth-Adelaide-Melbourne-Perth 2011 National Roads Congress – P.Balley & R.Curo		$1631.42
Total Credit Card Payment			$5,006.46
Total Payments for the month November 2011		$ 1,484,076.08

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations

(12) and (13).

Policy / Strategic Implications:

Nil

Financial Implications:

As stated.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during November 2011 totalling $1,484,076.08 as detailed in Attachment: 12.4.2(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25163

That Council receive the accounts paid during November 2011 totalling $1,484,076.08 as detailed in Attachment: 12.4.2(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.4.3 Monthly Financial Activity Statement - November 2011

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIVISION:	Statutory Services
FILE REFERENCE:	FNC3/3
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management ) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	22 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Financial Management Regulations require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;

ü Annual budget estimates

ü Estimates to end of month

ü Actual expenditure

ü Actual income

ü Material variances

ü Net current assets

The Financial Activity Statement report for the period to 30 November 2011 is attached. The report is summarised by Function/Activity and Department with detailed reports by Department.

ATTACHMENT: 12.4.3(1)

Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Financial Activity Statement will comment on Council’s cash, loans, debtors and overall performance for the first five months to the 30 November 2011.

The financial performance for the Shire of Manjimup to the 30 November 2011 shows a projected deficit of approximately $78,000.

The projection of a deficit of $78,000 is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as we progress through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 30 November 2011 will continue at the same rate to 30 June 2012. Where an asterix appears in the “Adj” column in the Management Reports, the formula has been changed to reflect the irregular purchase, or seasonal nature of that particular account. It should be noted that where a projected under expenditure might occur, the budgeted figure is still maintained.

The main item affecting the project deficit is;

Manjimup Regional AquaCentre $52,914

The AquaCentre continues to be the main item affecting the projected deficit. In previous years salary costs and utilities at the Centre were the main area of concern, but with those now seemingly under control Income has become a new issue being approx $52,000 behind budget.

During the first three months of the year the Manjimup Regional AquaCentre has experienced significant issues with pool operations, particular in the area of water temperature and user comfort. Due to the unfortunate timing of this issue being during winter, and the 2 week maintenance shutdown, user participation in the water area of the AquaCentre has been low with the Aquatic Entry projecting the majority of the loss. It is unlikely that the full $52,000 can be recouped in the remaining 7 months of the year, so as part of the December review a decision may need to be made if figures have not improved to reduce budgets in expense areas to cover the projected shortfall.

Storm Damage

An area that will be of concern and need to be monitored closely in 2011/2012 is Storm Damage. To the end of November 2011 98.82% of the $110,000 was expended, which will only leave $1,293 for the remainder of the 2011/2012 financial year. The projection for this account has been increased by $10,000, but this will fund very little if a major storm event was to occur. Maintenance accounts have been reduced by $10,000 to offset Storm Damage, as it would be expected staff would be working on Storm Damage cleanup rather than booking time to maintenance accounts.

Development Fees/Building Fees

A positive item to come from the first five months of 2011/2012 is Planning Development Fees and Building Applications Fees. Planning Fees are already $8,967 ahead of the monthly budget, whilst Building Fees is $14,992 the projection within this report is for those Fees to be collectively $5,000 ahead of budget, and if this trend continues a healthy amount of unbudgeted income could be received and help to assist our carry forward position at 30 June 2012.

Road Maintenance

Road Maintenance accounts to date are 50.5% expended with only 41.6% of the year completed. Traditionally maintenance accounts are hit hard in the first three months and last two months of the financial year due to seasonal conditions, so as we enter December, January these accounts will settle down as Works enter the Construction period. To date only 17.5% of the construction budget is expended.

In summary, the AquaCentre income shortfall will need to be closely monitored to the December review and may require a budget adjustment to reduce other items to fund the shortfall. Other accounts show some minor discrepancies but with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30^th June 2012.

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34

Policy / Strategic Implications:

Nil

Financial Implications:

As described in above summary.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the Financial Activity Statement Report to the end of November 2011 as per Attachment: 12.4.3 (1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25164

That Council receive the Financial Activity Statement Report to the end of November 2011 as per Attachment: 12.4.3 (1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.5.1 Construction of Compensation Basin and Associated Landscaping in Anunaka Park to Reduce Flooding in Jarrah Road, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Anunaka Park, MANJIMUP
WARD:	Central
ZONE:	Residential
DIVISION:	Works and Services
FILE REFERENCE:	WRK35
LEGISLATION:	Local Government Act 1995
AUTHOR:	Pascal Balley
DATE OF REPORT:	17/12/2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

For a number of years, the drainage system in Jarrah Road, adjacent to Anunaka Park, has been subject to failure and patch repair. Due to the topography in this area, and the location of houses in the ultimate major flood path, there is a risk of property inundation even in minor flood events

To mitigate the flooding risk in Jarrah Road it is proposed to construct a compensation basin, within Anunaka Park, with sufficient storage capacity to cater for medium to large storm events resulting in compensation for the inadequacy of the underground drainage system to effectively drain the upstream stormwater runoff.

The proposed drainage concept design has previously been provided to Councillors during an informal presentation, and is now attached for information.

ATTACHMENT: 12.5.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Ordinarily, the determination of detailed design is the role of staff, and would not be the subject of Council consideration. However, in this case, this is an unusual project that is likely to be of interest to Councillors and the community. Accordingly, the drainage concept design is being presented to Council for acknowledgement and endorsement. In addition, Council has previously expressed a desire to approve the landscaping design for the park, which is an integral part of the drainage works. Of note is that Councillors have previously informally viewed these plans and expressed general acceptance.

The current project is a drainage project, which, to the extent possible, will include landscaping. However, the current budget will not allow for the development of the park to the extent shown in the landscaping plans and described below. Accordingly, much of the plan should be seen as defining the future vision for the park, which will be realised when the remainder of the project is prioritised for funding.

1. Stormwater Management

The purpose of the project is to implement a drainage management strategy that will prevent, or where prevention is not possible reduce, flood nuisance to those properties downstream of the existing Anunaka Park’s open drainage system for storm events up to the 100 year ARI (being the traditional major event management level).

The drainage management strategy proposed for adoption is twofold. Traditionally it would have been to manage only the quantity of stormwater runoff from an upstream catchment, however, current best practice requires that stormwater runoff is also managed to remove nutrients/pollutants before discharging it to the downstream aquatic environments.

The proposed management strategy is to utilise part of the park as a combined open space (playing field) and stormwater management area incorporating:

· A linear swale (open earth drain) with check dam and aquatic vegetation (sedge/reed) to reduce the velocity of stormwater runoff, detain and infiltrate stormwater and promote the removal of nutrients.

· An extended detention basin to undertake a nutrient stripping function. The proposed detention basin is a bio-filtration system incorporating aquatic plants (e.g., shrubs) resistant to drought as well as to prolonged period of flood. The treated (nutrient stripped) water will then drain into the open earth drain before discharging into the underground pipe system.

· A compensation basin extending from the east of the open earth drain in the form of a playing field and ending to the south of the open earth drain. The compensation basin will be designed to retain water for a period not longer than two (2) days after the cessation of rain, in the case of large storm events. The objective is to allow stormwater to drain at a controlled rate into the underground pipe system whilst preventing flooding of the Jarrah Road properties for events up to the 100 year ARI.

· Low earth bund to be formed as part of the compensation basin along the southern and western side of the basin. The bund will also provide for the future installation of a footpath around the park with funding availability.

It is proposed that the compensation basin and its bund be used as a small playing field (cricket/soccer ground) with the bund and the eastern sloping faces (grassed bank) of the playing field acting as a spectator sitting area. In other words it is proposed to use the larger part (playing field) of the compensation basin as a playing field during dry periods and periods of minor to medium storm events.

The playing field will be created by excavating the field by up to a maximum of 2.0m on the north eastern side to achieve a flat level playing field to the south west corner. The cut face will be graded to about 1.0 metre vertical to 6.0 meters horizontal to achieve a gradient that will support easy maintenance (mowing) and a walkable face. The cut face will be grassed and planted with feature trees as part of the landscaping and to provide shade and amenity for park users.

It is proposed to install interpretative signs at appropriate locations (especially around the bio-filtration basin) to provide educational information on the purpose and objective of the stormwater management system.

2. Landscaping

One of the aspects observed that impede effective stormwater drainage into the existing stormwater entry system is the amount of leaf litter and twigs that clog the entry. Also observed is the frequent falling of limbs from the trees in the park. The falling limbs are characteristic of most of the introduced species of trees in the park. Falling limbs are a safety hazard to park users and it is proposed to reduce the existing vegetation by up to 90%. The vegetation to be removed will include the existing Victorian Stringybarks, Tasmanian Blue Gums and Sydney Blue Gums.

Primarily the removal of the introduced species of vegetation will occur along Ironbark Street where the open earth drain and bio-filtration basin is proposed. However, some of the trees will be retained and where appropriate new trees planted along the edge of the road to define the boundary of the park (open space).

Some of the trees along Swan Street, and Sheoak Street will be retained and with new trees planted along those streets as well as Jarrah Road to define the boundary of the public open space.

Further removal of introduced species of trees that are not suitable for public open space and replacement with other species is expected along Swan Street and the centre of the park with availability of funds.

Other features of the landscape proposed for the future are as follows:

· Meandering pathways and garden beds;

· Public open space furniture such as benches and tables;

· Boardwalk providing access into the public open space and across the open earth drain;

· Feature trees;

· Open space for active informal recreational activities and trees to the perimeter of the playing field to provide shade and amenity; and

· Ablutions.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Council Vision for the next 10 years is to ‘focus efforts and resources on those areas of greatest identified performance gap such as drainage’. Council has responsibility to ensure stormwater drainage is designed constructed and adequately managed to ensure minimum adverse impact on the residents of the Shire.

Adoption of this plan will guide future expenditure within Anunaka Park.

Financial Implications:

Capital Budget of $150,000 is allocated to the completion of the stormwater management project, and $10,000 allocated for the removal of introduced vegetation species along the stormwater management area being along Ironbark Street.

Of the $160,000 allocated for the completion of the entire project only $60,000 has been allocated this financial year to undertake preliminary construction works that will include removal of vegetation and management of the stormwater via the construction of an open earth drain and a bio-filtration system.

Sustainability:

Environmental: Improve the quality of the stormwater runoff from the upstream catchment before it is discharged into the downstream aquatic environment.

Economic: Nil

Social: Enhance the potential for the surround residents to enjoy the park and undertake physical activities that enhance health, wellbeing and reduce obesity. The children in that suburb have a place to go to for a play.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopts the concept stormwater management strategy and the landscaping plan for Anunaka Park, as included in attachment 12.5.1(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25165

That Council adopts the concept stormwater management strategy and the landscaping plan for Anunaka Park, as included in attachment 12.5.1(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.12.1 Minutes - Annual Electors Meeting 30 November 2011

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:
WARD:	Whole of Shire
ZONE:
DIVISION:	Corporate Services
FILE REFERENCE:	CNL 7
LEGISLATION:	Local Government Act 1995, Sections 5.27, 5.29 and 5.33
AUTHOR:	Jeremy Hubble
DATE OF REPORT:	4 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The 2011 Annual Electors Meeting was held in Council’s Committee Room on Wednesday 30 November 2011.

Only 3 electors attended (excluding Councillors [1] and Staff [3]).

Enclosed are the minutes of the Annual Electors Meeting held 30 November 2011.

ATTACHMENT: 12.12.1(1)

Consultation Undertaken:

Notice of the Annual Electors Meeting was advertised in the Manjimup Bridgetown Times and in the Shire Scene.

COMMENT (Includes Options):

There were no resolutions passed at the Annual Electors Meeting requiring consideration by the Council.

Below is a summary of the main issues raised at the meeting and officer comment thereon;

Issues

Old Manjimup Primary School site

· Fuel levels too high.

· Progress on seniors accommodation village?

Airport expansion

· Where proposed to be located?

Extended retail trading hours

· When will Council endorsed survey go out to residents?

STATUTORY ENVIRONMENT:

Sections 5.27, 5.29 and 5.33 of the Local Government Act 1995 require an Annual Electors Meeting to be held each year and for decisions made at such meeting to be considered by the Council.

Policy / Strategic Implications:

Nil. The Old Manjimup Primary School site and the Airport expansion are matters being considered as part of the Manjimup SuperTown planning process.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the minutes of the Annual Electors Meeting held 30 November 2011 and note the issues raised by the electors at the meeting.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25166

That Council receive the minutes of the Annual Electors Meeting held 30 November 2011 and note the issues raised by the electors at the meeting.

ADOPTED BY EN BLOC RESOLUTION: 10/0

12.12.2 Exercise of Delegated Power during the period 25 November 2011 to 6 January 2012

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIVISION:	Corporate Services
FILE REFERENCE:	ADM 14
LEGISLATION:	Local Government Act 1995 (Section 5.42)
AUTHOR:	Jeremy Hubble
DATE OF REPORT:	4 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

On 8 December 2011 Council resolved:

That Council delegate to the Chief Executive Officer for the period 25 November 2011 to 6 January 2012 power to determined matters which cannot be held over until the 19 January 2012 ordinary Council meeting subject to this delegation being limited to:

1. Issues that arise during the period 25 November 2011 to 6 January 2012;

2. Issues advertised for public comment to which no valid objection has been received;

3. Issues to which the Shire President and relevant ward Councillors raise no objection;

4. Those matters precluded from delegation under the Local Government Act 1995, and;

5. A report being presented to the 19 January 2012 Council meeting detailing any such delegations exercised.

Consultation Undertaken:

Nil

COMMENT (Includes Options):

During the period the Chief Executive Officer exercised the authority delegated by Council on three occasions.

Speed limit on Vasse Highway

An agenda item scheduled to go before the December Council meeting was inadvertently overlooked. The item responded to Main Roads WA’s request for comment on the proposal to reduce the speed limit on a section of Vasse Highway near Karri Valley to 70 km/h. The CEO confirmed support for the proposal.

Town Hall fee waiver for proposed MBT ball raising funds for Telethon

Despite the applicant being a “for profit” entity not eligible for reduced hire fee under Council policy, the proposal sought to donate 100% of profits from the event to the Telethon charity. It was considered worthwhile for the Council to support this event by waiving all hire fees and extending the hall hire period to include the period 4-5 May to allow set up of the hall.

Temporary Camping Ground approval

Approval to operate a temporary caravan park / camping ground was granted to the Manjimup Country Club for the Kristofferssen Cup to be held in February.

There were no other incidences where delegation beyond normal was exercised during the period.

STATUTORY ENVIRONMENT:

Local Government Act 1995 Section 5.42

Policy / Strategic Implications:

In accordance with past standard practice, Council resolved to provide delegated authority to the Chief Executive Officer during the break between Council meetings that occurs at the turn of each year.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council note the following exercise of delegated authority by the Chief Executive Officer during the period 25 November 2011 to 6 January 2012:

1. Support to Main Roads WA for reduced speed limit on Vasse Highway near Karri Valley Resort;

2. Town Hall fee waiver for the MBT Telethon Ball; and

3. Temporary caravan park / camping ground approval to the Manjimup Country Club for the Kristofferssen Cup in February.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25167

That Council note the following exercise of delegated authority by the Chief Executive Officer during the period 25 November 2011 to 6 January 2012:

1. Support to Main Roads WA for reduced speed limit on Vasse Highway near Karri Valley Resort;

2. Town Hall fee waiver for the MBT Telethon Ball; and

3. Temporary caravan park / camping ground approval to the Manjimup Country Club for the Kristofferssen Cup in February.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.14.2 Minutes of the Airfield Management Committee Meeting held on 12 December 2011

PROPONENT	N/A
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	Central
ZONE:	N/A
DIVISION:	Technical Services
FILE REFERENCE:	PRO1/6
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jade DeCampo
DATE OF REPORT:	22/12/2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Minutes of the Airfield Management Committee meeting held on 12 December 2011 are attached.

ATTACHMENT: 12.14.2 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There were no recommendations that require a decision of Council. Notably, however, a resolution of the Management Committee was for staff to lodge an application for a Regional Airport Development Scheme (RADS) grant. The purpose of this grant is for the funding of an upgraded water-main to the DEC lease with the capacity to resolve the problem with refilling the water-bombers during emergency operations.

The intent of the project is for DEC and FESA to jointly fund 50% of the project cost, with the remaining cost to be funded via Council through a RADS grant. Accordingly, it is not intended that Council will provide its own funds for this project.

While staff will process this grant application as a matter of course, it would add to the weight of the grant if Council were to endorse the application by way of resolution. Accordingly, Council is requested to resolve to support an application for an upgraded water-main for the purpose of emergency fire fighting water supply.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The resolution of the water issue at the airport is of significant importance to the local community and the communities of neighboring Shires, including the Shires of Nannup and Augusta-Margaret River, who recently required the services of Manjimup located water-bombing aircraft.

Financial Implications:

Nil

Sustainability:

Environmental: Resolving the water issue will improve fire-fighting capacity in emergency with the potential to reduce loss of vegetation in wild fire.

Economic: Early suppression of fire will reduce the impact of wildfire on crops and the tourism industry.

Social: Resolving the water issue will ensure the best opportunity is provided to prevent the loss of social and private infrastructure and the lives.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting held on December 2011 as attached.

2. Support an application for a Regional Airport Development Scheme grant to fund the upgrading of the water-main to the Manjimup airport for the purposes of providing an adequate water supply for emergency fire suppression.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25168

That Council:

1. Receive the unconfirmed Minutes of the Airfield Management Committee Meeting held on December 2011 as attached.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.14.4 Minutes of the Northcliffe Town Hall Management Committee Meeting held 19 December 2011

PROPONENT	Northcliffe Town Hall Management Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Town Hall, Zamia Street, Northcliffe.
WARD:	Coastal
ZONE:
DIVISION:	Statutory Services
FILE REFERENCE:	PRO 3/1
LEGISLATION:	Local Government Act 1995
AUTHOR:	Kim Nolan
DATE OF REPORT:	6 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The purpose of this item is to present the unconfirmed 19 December 2011 minutes of the Northcliffe Town Hall Management Committee meeting - in attachments.

ATTACHMENT: 12.14.4(1)

Note – The 17 October 2011meeting failed to assemble a quorum and the 21 November 2011meeting was cancelled.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There are no recommendations from the meeting requiring a decision of Council at this stage. However, the committee resolved to seek Shire funding for the purchase and erection of signage identifying the Northcliffe Town Hall – a 2012-13 budget request will be submitted.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council that Council receive the Northcliffe Town Hall Management Committee’s unconfirmed minutes for the meeting held on 19 December 2011 as per Attachment: 12.14.4.(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25169

That Council that Council receive the Northcliffe Town Hall Management Committee’s unconfirmed minutes for the meeting held on 19 December 2011 as per Attachment: 12.14.4.(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.15.2 Minutes of the Bush Fire Advisory Committee held 7 December 2011.

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Whole of Shire
ZONE:	All
DIVISION:	Statutory Services
FILE REFERENCE:	FRC1
LEGISLATION:	Bush Fire Act 1954 & Local Government Act 1995
AUTHOR:	Helene Blechynden
DATE OF REPORT:	22 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The unconfirmed Bush Fire Advisory Committee Minutes of 7 December 2011 are attached.

ATTACHMENT: 12.15.2 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There are three recommendations requiring a decision by Council:

Recommendation

Officer Recommendation

1.”That Council together with the Bush Fire Advisory continue to support DEC’s Prescribed Burning.”

Supported.

2.“That Council endorse the reassignment of the Ex Balbarrup /Wilgarup Bush Fire Brigade vehicle to the Seven Day Road/Appadene Bush Fire Brigade.”

Supported.

3.“ That Council consider the Ranger and Emergency Services Bush Fire Policy, but review as a separate item.”

Support the Committee recommendation, but review as a separate item.

STATUTORY ENVIRONMENT:

Bushfires Act 1954 and Local Government Act 1995

Policy / Strategic Implications:

Ranger and Emergency Services Bush Fire Policies will require updating.

Financial Implications:

Associated vehicle expenses for the Seven Day Road/Appadene Bush Fire Brigade acquiring the vehicle will be met by the Emergency Services Levy.

The 2012 -2013 Emergency Services submission will require updating to allow for the additional expenses for vehicle maintenance and insurance expenses.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the Bush Fire Advisory Committee meeting held on 7 December 2011 ;

2. Endorse the reassignment of the Ex Balbarrup /Wilgarup Bush Fire Brigade vehicle to the Seven Day Road/Appadene Bush Fire Brigade ;

3. Note the Committees support of Ranger and Emergency Services policies, but Council will consider the policies as a separate item ; and

4. ”Together with the Bush Fire Advisory Committee reinforce its support of DEC’s Prescribed Burning Program.”

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25170

That Council:

1. Receive the minutes of the Bush Fire Advisory Committee meeting held on 7 December 2011 ;

2. Endorse the reassignment of the Ex Balbarrup /Wilgarup Bush Fire Brigade vehicle to the Seven Day Road/Appadene Bush Fire Brigade ;

3. Note the Committees support of Ranger and Emergency Services policies, but Council will consider the policies as a separate item ; and

4. ”Together with the Bush Fire Advisory Committee reinforce its support of DEC’s Prescribed Burning Program.”

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.15.3 Minutes of the Walpole Townscape Committee Meeting held on 9 December 2011

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole Townscape
WARD:	South
ZONE:
DIVISION:	Statutory Services
FILE REFERENCE:	TPL8/5
LEGISLATION:	Local Government Act 1995
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	6 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Attached are the minutes of the Walpole Townscape Committee Meeting held 9 December 2011.

ATTACHMENT: 12.15.3(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There were no recommendations requiring a decision of Council. All other matters were dealt with administratively.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council accept the minutes of the Walpole Townscape Committee Meeting held 9 December 2011 as per Attachment:12.15.3(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25171

That Council accept the minutes of the Walpole Townscape Committee Meeting held 9 December 2011 as per Attachment:12.15.3(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

12.1.2 Proposed Alterations and Extensions to a Non-Conforming Use - New Accommodation Block for the Guest House at Nelson Location 11822 Ralston Road, Dixvale

PROPONENT	Normalee Manor Hostel
OWNER	Ms NL Eaton
LOCATION / ADDRESS:	Nelson Location 11822 Ralston Road, Dixvale
WARD:	North
ZONE:	Priority Agriculture
DIVISION:	Statutory Services
FILE REFERENCE:	P53469
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Kaylene Roberts
DATE OF REPORT:	15 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is asked to consider an application for an alteration and extension to a non-conforming use namely a new accommodation block for the guesthouse located on Nelson Location 11822 Ralston Road, Dixvale.

The site is 4.0503ha and is zoned ‘Priority Agriculture” under Shire of Manjimup Local Planning Scheme No 4 (the Scheme). Location, site and development plans are attached.

ATTACHMENT: 12.1.2(1)

The property was originally a rural property and in 1991 the previous owner applied to Council to establish a chalet / farmstay on the property. Council resolved that the application to develop four (4) holiday accommodation units, museum and workshop be approved in principle. In March 1992 the owners submitted an application for planning approval to develop six (6) holiday accommodation units, which was considered at the Council Meeting of 27 March 1992, where it was approved with conditions. Over the years there have been further approvals given for various extensions to existing structures and new developments.

The proposed Guesthouse will also be required to be registered as a Lodging House under Part 9 of the Shire of Manjimup Heath Local Laws.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme for a 14 day period to the North Ward Councillor, adjoining landowners, FESA and the Department of Health. Council records indicate that letters were sent from the Shire office on 23 November 2011 with advertising to commence on 1 December 2011 and the closing date for submissions on 14 December 2011. The application was also advertised in the Manjimup Bridgetown Times for 1 week and a sign was also placed on the subject property.

Three submissions were received as a result of the advertising period with no objections to the proposal being raised.

ATTACHMENT: 12.1.2(2)

COMMENT (Includes Options):

As previously mentioned the land is zoned ‘Priority Agriculture’ under the Scheme. A guesthouse is not a permitted use under this zoning. The current use of Guesthouse pre dates the current Local Planning Scheme No.4, therefore it is considered to be a ‘non-conforming use’.

A Guesthouse is defined by the Scheme as:

“Integrated premises for short stay guests comprising serviced accommodation units and on site tourism facilities such as reception, centralised dining, and management and where occupation by any person is limited to a maximum of three months in any 12 month period.”

Non-conforming Uses

The Planning and Development Act 2005 states that a non-conforming use means;

“A use of land which, though lawful immediately before the coming into operation of a planning scheme or amendment to a planning scheme, is not in conformity with a provision of that scheme which deals with a matter specified in Schedule 7 clause 6 or 7 which relates to the zone of the land and controls for land management.”

Except as otherwise provided in the scheme, no provision of the scheme is to be taken to prevent:

(i) the continued use of any land for the purpose for which it was being lawfully used immediately prior to the Gazettal date;

(ii) the carrying out of any development on that land for which, immediately prior to the Gazettal date, an approval or approvals, lawfully required to authorise the development to be carried out, were duly obtained and are current.

Extensions and Changes to a Non-conforming Use

The Scheme states that a person must not alter or extend a non-conforming use, erect, alter or extend a building used in conjunction with or in furtherance of a non-conforming use or change the use of land from a non-conforming use without first having applied for and obtained planning approval under the Scheme.

Over the years, previous owners as well as the current owner have carried out some major additions and alterations to the non-conforming use and all of these have been given Shire approval. Those approvals are as follows:

· October 1995 – Extensions to existing Workstay Lodge;

· November 1996 – Caretakers Residence, Additional Residential Building;

· March 2000 – Dormitory (approved by Council);

· September 2006 – Shed & Patio; and

· June 2011 – Non-conforming Use – Guesthouse (Ablution Block)

The proposed accommodation unit forms part of a comprehensive upgrade to the facility (Lodging House). The upgrade also includes a proposed new ablution block (approved in June 2011 and scheduled to be completed by August 2012) which has been in response to the Shire compliance interventions.

The proposed new accommodation unit will not influence the potential maximum number of lodgers beyond 58 in accordance with Part 9 – Lodging Houses of the Shire of Manjimup Health (Local Laws) 1998.

The requirements from Health Services, Building Services and Ranger and Emergency Services will be conveyed as advice notes as these are requirements under other legislation and not from the Local Planning Scheme.

It is recommended that Council approve the planning application for the proposed alterations and additions to a non-conforming use – new accommodation block, for the Guesthouse situated at Nelson Location 11822 Ralston Road, Dixvale, in accordance with the conditions attached.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005;

Shire of Manjimup Local Planning Scheme No 4; and

Shire of Manjimup Health Local Laws 1998 (Part 9 – Lodging Houses).

Policy / Strategic Implications:

There is no policy or strategic implications associated with this application.

Financial Implications:

The required planning application fee has been paid by the applicant.

Sustainability:

Environmental: There is considered to be no significant environmental implications associated with this matter.

Economic: The applicant is providing itinerant workers with accommodation therefore benefitting the local economy.

Social: The new 19 bed accommodation unit will provide an enhanced standard of accommodation commensurate with current expectations.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval for the Alterations and Extensions to a Non-conforming Use – New Accommodation Block for the Guesthouse at Nelson Location 11822 Ralston Road, Dixvale in accordance with the submitted plans and specifications and subject to the following conditions:

a. The extension and/or alterations shall be in the same materials, colour and design as the existing buildings to the satisfaction of the local government. (Planning & Sustainability)

b. No guest room is to be occupied by a person for more than three (3) months within any twelve (12) month period. In this regard, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the local government, and the register shall be made available for perusal by the local government on demand. (Planning and Sustainability)

c. The vehicular crossover between the subject land and Ralston Road is to be located, designed, constructed, sealed and drained to the satisfaction of the local government prior to occupation. (Technical Services)

ADVICE NOTES:

a. The applicant is to comply in full with the Shire of Manjimup Health Local Laws 1998 (Part 9 – Lodging Houses).

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Daubney, L

25172

a. The extension and/or alterations shall be in the same materials, colour and design as the existing buildings to the satisfaction of the local government. (Planning & Sustainability)

ADVICE NOTES:

a. The applicant is to comply in full with the Shire of Manjimup Health Local Laws 1998 (Part 9 – Lodging Houses).

CARRIED: 10/0

Councillor Daubney advised she has a Financial Interest in this Item as she is the leaseholder of Lot 114 Windy Harbour.

Councillor Taylor advised that he has a Financial Interest in this item as he is the Leaseholder of Lot 239 Windy Harbour.

Councillors Daubney and Taylor did not speak or vote on the matter and left the Chambers at 6.00pm.

ATTACHMENT

APPENDIX

12.1.3 Consideration of Submissions and Final Adoption of Draft Local Planning Policy LPP4 6.1.7 - Windy Harbour Design Codes

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:	Windy Harbour Settlement
WARD:	Coastal
ZONE:	Special Use No.5
DIVISION:	Statutory Services
FILE REFERENCE:	TPL 17
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Geoff Benson
DATE OF REPORT:	23 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

At its Ordinary Meeting held on 18 August 2011, Council resolved to adopt for the purposes of advertising draft Local Planning Policy LPS4 6.1.7 Windy Harbour Design Codes.

A copy of the draft Policy as advertised is attached.

ATTACHMENT: 12.1.3(1)

Advertising of the draft Policy in accordance with clause 2.4 of Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) was subsequently undertaken.

Clause 2.4.2 of the Scheme requires Council to consider any submissions made during the comment period and then to resolve to adopt the Policy with or without modification. Alternatively Council may resolve to not proceed with the Policy.

The purpose of this report is to allow Council to consider any submissions and to resolve to adopt the Policy and its supporting background paper. Council is also requested to rescind Council Policy LPP2 6.1.44 Windy Harbour Land Use and Development Control as this Policy is being superseded by Local Planning Policy LPP4 6.1.7 Windy Harbour Design Codes. A copy of Policy 6.1.44 is appended.

APPENDIX: 12.1.3(A)

In addition to the existing Local Planning Policy 6.1.44, an older development control policy remains effective. Community Services Policy 3.4.1 Windy Harbour Development Guidelines was adopted on 9 December 1999. It was intended that current Local Planning Policy 6.1.44 would replace Policy 3.4.1, in 2007, however it appears formal rescission of Community Services Policy 3.4.1 was not undertaken. Council will be asked to rescind this policy as well.

APPENDIX: 12.1.3(B)

PUBLIC Consultation Undertaken:

Notices were placed in the Manjimup – Bridgetown Times on 21 September 2011 and 28 September 2011 in accordance with clause 2.4.1 of the Scheme. Submissions on the draft Policies were invited up to and including Friday 21 October 2011.

Copies of the draft Policy were placed on the Shire’s website for the entire period of consultation.

Further consultation was undertaken by sending each lease holder at Windy Harbour a summary of the Draft policy, information about how to obtain a copy of the complete policy and with an invitation to make a submission, if they so chose.

One submission was received during the comment period for the Windy Harbour Policy. See attached copy of submission.

ATTACHMENT: 12.1.3(2)

Once adopted, a newspaper notice advising of adoption must be published in order for the Policies to become effective (clause 2.4.3 of the Scheme).

COMMENT (Includes Options):

The submission received regarding the Draft Policy raised five (5) issues of concern. The issues raised in the submission were:

· Setbacks need to be addressed in precincts 1, 2 and 3

· Private outdoor living area wording needs to be addressed (is to be provided ) replaced with ( may be provided)

· Electricity – time of shutdowns 10pm to early

· Clothes Drying – Why is this included, is this a problem, advise removing this clause

· Fencing – written adjoining leaseholder approval is preferable to “in the absence of objection” as it removes the “I wasn’t told” uncertainty

The above matters are discussed in more detail below.

Setbacks

The draft policy sets out minimum setbacks for the 5 precincts at Windy Harbour. These minimums are a right and if these setbacks are used for any new development then no variation approval is necessary. If a reduced setback is required then this matter would then be presented to Council for determination. The setbacks are for future development and are not intended to be applied to existing development, retrospectively. The setback requirements are intended to allow flexibility while preserving the character of the settlement pattern.

No changes to the policy are recommended in regards to this matter.

Private outdoor Living Areas

Private outdoor living areas are required to be provided for each cottage. This area is directly associated to an individual cottage for the sole use and enjoyment of the occupier of the cottage. This should not be an option but a right and if the proponent provides the amount of private outdoor living space in their application then no variation to the policy is required. If a reduced amount of private outdoor living space is proposed then this matter would be presented to Council for determination. The private outdoor living space requirements are to be applied to new development and are not applied retrospectively to any leases.

No changes to the policy are recommended in regards to this matter.

Electricity

The intention of these clauses are not to restrict the lease holders from being able to generate their own power, but to protect the existing character and amenity of the settlement. The clauses regarding the times that the electricity generating equipment can be on are the same as for the current policy and operate appropriately.

No changes to the policy are recommended in regards to this matter.

Clothes Drying

Due to the open and accessible nature of the vast part of the settlement, and with no boundary fences on each lease, it is necessary to be circumspect as to the type and location of clothes drying equipment allowed to be installed on leases, such that the open nature of the settlement does not become compromised by dangerous cables and wire being strung across areas used for access.

No changes to the policy are recommended in regards to this matter.

Fencing

In all other areas when consultation is undertaken with neighbours and adjacent land owners it is usual to assume that if a particular person has not made a comment or objection that they have none to make. Requiring neighbours and adjacent lease holders to provide written agreement to a proposed fence would bog the approval process down. There is no way to compel lease holders to provide written approval even if they have no objections. As to any subsequent claims of “I wasn’t told about it”, so long as all reasonable efforts have been made to inform these lease holders, there can never be 100% certainty that they did or did not know. Any change to this well established way of seeking comment would only open the process up to additional uncertainties and lengthen the time to process applications.

No changes to the policy are recommended in regards to this matter.

Staff therefore recommend that Council adopt the Draft Local Planning Policy LPP4 6.1.7 Windy Harbour Design Codes with no modifications.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005;

Shire of Manjimup Local Planning Scheme No. 4, clause 2.4 (for making new Local Planning Policies).

Policy / Strategic Implications:

Should the proposed Local Planning Policy LPS4 6.1.7 come into effect, existing Local Planning Policy 6.1.44 will be automatically revoked.

In addition to the existing Local Planning Policy 6.1.44, an older development control policy remains effective. Council Policy 3.4.1 Windy Harbour Development Guidelines was adopted on 9 December 1999. Although Local Planning Policy 6.1.44 effectively replaced Policy 3.4.1 in 2007, it appears that formal rescinding of Policy 3.4.1 was not undertaken. It is recommended that Policy 3.4.1 be rescinded in the event that Local Planning Policy 6.1.44 is rescinded as a consequence of the making of the new LPS4 6.1.7.

The draft Policy reflects the objectives of the Windy Harbour Management Plan, adopted by Council in 2007.

Financial Implications:

Costs associated with advertising of the Policies have been expended against the adopted Budget.

Implementation of Local Planning Policies LPS4 6.1.7 will not have a financial impact as fees are already collected for determination of applications for development in Windy Harbour.

Sustainability:

Environmental: The draft Policy is based upon the Windy Harbour Management Plan’s objectives of maintaining the existing landform and vegetation. It seeks to ensure that development responds to the environment rather than seek to impact upon it.

Economic: The draft Policy places similar development constraints upon Windy Harbour as the existing Local Planning Policy 6.1.44 and Windy Harbour Management Plan. Therefore, the draft Policy will not create an additional economic impact upon use and development of Windy Harbour.

Social: The objectives of the Windy Harbour Management Plan form the basis of the draft Policy. These objectives have been fully considered by the local community and have broad support.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Pursuant to clause 2.4.2 (ii) of Shire of Manjimup Local Planning Scheme No. 4 adopts Local Planning Policy LPS4 6.1.7 Windy Harbour Design Codes as contained in Attachment 12.1.3(1), effective from publication of a notice in accordance with clause 2.4.3 of the Scheme:

2. Instructs the Chief Executive Officer to immediately publish a notice in accordance with clause 2.4.3 of Shire of Manjimup Local Planning Scheme No. 4 for Local Planning Policy LPS4 6.1.7 Windy Harbour Design Codes;

3. Rescinds Council Policy 3.4.1 Windy Harbour Development Guidelines as adopted on 9 December 1999, as contained in appendix 12.1.3(B), as it is to be replaced by Local Planning Policy LPS4 6.1.7 Windy Harbour Design Codes.

4. Notes that Local Planning Policy 6.1.44 – Windy Harbour Land Use and Development Control will be automatically revoked upon LPS4 6.1.7 becoming effective.

COUNCIL RESOLUTION:

Moved: Fahey, T Seconded: Karamfiles, S

25173

That Council:

4. Notes that Local Planning Policy 6.1.44 – Windy Harbour Land Use and Development Control will be automatically revoked upon LPS4 6.1.7 becoming effective.

CARRIED: 8/0

Councillors Daubney and Taylor returned to the Chambers at 6.01pm.

Councillor Curo advised that he has a Financial Interest in this item as he is Secretary/Treasurer and member of the Manjimup Country Club. Cr Curo did not speak or vote on the matter and left the Chambers at 6.01pm.

12.3.1 Manjimup Country Club Requests Approval for a Temporary Caravan Park Camping Ground.

PROPONENT	Manjimup Country Club Inc
OWNER	Manjimup Country Club Inc
LOCATION / ADDRESS:	Loc 11580 Perup Road Manjimup
WARD:	Central
ZONE:	Private clubs, institutions & places of public assembly
DIVISION:	Statutory Services
FILE REFERENCE:	HLT24 & P55120
LEGISLATION:	Caravan Parks & Camping Grounds Act 1995 & Caravan Parks & Camping Grounds Regulations 1997
AUTHOR:	Kim Nolan
DATE OF REPORT:	4/01/2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The purpose of this item is to seek Council approval for the Manjimup Country Club Inc to be granted a licence to operate a temporary caravan park / camping ground comprising of ten sites in support of the staging of two annual golf tournaments.

The Shire is in receipt of correspondence/applications from the Secretary/Treasurer of the Manjimup Country Club requesting that the Shire issue the club with a temporary camping permit for ten camping sites at each of the following events in 2012:

· Shoot Out 27 April – 30 April 2012;

· JB Ipsen Memorial Tournament 25 October – 29 October 2012.

As in previous years, the proposed caravan park / camping ground is to be situated at the Manjimup Country Club adjacent to the caretaker’s residence.

The Manjimup Country Club has been granted approval to operate a temporary caravan park / camping ground for the Kristofferssen Cup in February of this year at the same location and in accordance with delegated authority to the Chief Executive Officer.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Shire licences three caravan parks/camping grounds in the vicinity of the Manjimup town site and one in Pemberton. Each needs to comply with the Caravan Parks & Camping Grounds Act 1995 & Caravan Parks & Camping Grounds Regulations 1997.

In the past, Council has received no complaints from proprietors of caravan parks within the district in relation to the Manjimup Country Club’s temporary camping ground for its events.

Temporary licences are subject to a minimum fee of $100.00 in accordance with the Caravan Parks & Camping Grounds Regulations 1997.

The proponent advises that the Manjimup Country Club has staged many tournaments over the years and this year’s events have attracted the usual entries.

All events attract participants with their partners who combine the event with a short holiday. ‘Over 90% of visitors stay in local accommodations, hotels, motels, B&Bs, chalets and caravan parks’.

The request to be granted a temporary caravan park/camping ground licence is to provide an option for entrants in regards to:

· Comfort, convenience and security for the aged contingent;

· Convenience to those who travel as a group in one vehicle, opportunity not necessarily to all tee off at the same time (this allows for flexibility by organisers of the competition);

· Contributing to pre event course maintenance and organising of the competition.

Existing facilities at the Manjimup Country Club are ample in support of a ten site temporary caravan park/camping ground.

The Manjimup Country Club’s golf course with its events is well recognised throughout the state and having provision of a small ten site camping ground adds to the experience, attracts competitors, significantly contributes to the success of the event(s), to the economy of the town/district and to promotion of the Shire as a place to visit.

The success of the events is critical in the maintaining of the club’s facilities and infrastructure for all users.

STATUTORY ENVIRONMENT:

Caravan Parks and Camping Grounds Act 1995 and the Caravan Parks & Camping Grounds Regulations 1997.

Regulation 54 ‘Temporary licence’ of Part 5 of the Caravan Parks & Camping Grounds Regulations 1997:

54. Temporary licence

1) A local government may, on payment of the fee set out in item 3 of Schedule 3, grant a temporary licence for a facility which is to remain in force for such a period of less than one year, as is provided within the licence.

2) A local government is to endorse on a temporary licence for a facility as conditions of the licence-

a) The maximum number of sites that may be used at the facility;

b) The maximum number of sites of particular types that may be used at the facility; and

c) The services and facilities that are to be provided.

Policy / Strategic Implications:

This application complies with Council’s Environmental Health Policy 5.1.9 Temporary Camping Grounds for Events and is illustrated below:

· Any event requiring approval for temporary camping that promotes similar activities, must not occur more than once, (unless specifically approved by Council) on any premises within any calendar year.

· Camping at any event must not exceed a maximum duration of five consecutive days.

· When considering the application, consideration should be made for all matters that may affect the health, safety and amenity of the campers and the surrounding community.

· If approval is granted, conditions may be placed on the approval as deemed appropriate to the application.

Financial Implications:

A temporary camping ground fee of $100.00 is applied for each event.

Sustainability:

Environmental: No impact on the proposed site is expected nor has there been in the past. No known impact on nearby residences has occurred in the past. Controls will exist as conditions on the licence to operate.

Economic: Showcases the town and district. Financial benefit exists to towns and surrounding areas in terms of the provision of accommodation and consumables. Standard estimated expenditure, surplus to accommodation is $100/person/day.

Social: Being able to camp at the tournament site value adds to the experience, contributes to the success and spirit of the events and provides a safe and secure environment for an ageing contingent of entrants.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Grant a licence to operate a ten site temporary caravan park/camping ground to the Manjimup Country Club for each of the following events:

· Shoot Out 27 April – 30 April 2012;

· JB Ipsen Memorial Tournament 25 October – 29 October 2012.

2. Require conditions of the temporary caravan park/camping ground contained within the licence to be in accordance with the Caravan Parks and Camping Grounds Act 1995 and Regulations.

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Jenkins, D

25174

That Council:

1. Grant a licence to operate a ten site temporary caravan park/camping ground to the Manjimup Country Club for each of the following events:

· Shoot Out 27 April – 30 April 2012;

· JB Ipsen Memorial Tournament 25 October – 29 October 2012.

2. Require conditions of the temporary caravan park/camping ground contained within the licence to be in accordance with the Caravan Parks and Camping Grounds Act 1995 and Regulations.

MOTION carried 8/1

FOR	AGAINST
Cr D Bavich	Cr D Jenkins
Cr C Chodorowski
Cr L Daubney
Cr W DeCampo
Cr T Fahey
Cr J Jones
Cr S Karamfiles
Cr R Taylor

Councillor Curo returned to the Chambers at 6.03pm.

ATTACHMENT

12.3.2 Windy Harbour - Alleged breach of Reticulated Water Usage Policy

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 306 Fishermans Place Windy Harbour
WARD:	Coastal
ZONE:	Coastal
DIVISION:	Statutory Services
FILE REFERENCE:	P55880
LEGISLATION:	Nil
AUTHOR:	Kim Nolan
DATE OF REPORT:	6 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The purpose of this item is for Council to determine as to whether to uphold or withdraw an alleged breach of Community Development Policy 3.4.9 Windy Harbour Reticulated Water Usage in regards to the use of sprinklers connected to the Windy Harbour reticulated water supply at lot 306 Fishermans Place – Mr. N. Kelly leaseholder/occupier.

A written report has been submitted by an authorised Shire officer (Windy Harbour Caretaker) who witnessed sprinklers operating at lot 306 Fishermans Place at 0710 hours on the 6 December 2011. On investigating, the officer closed the mains reticulated water supply valve and the sprinklers stopped. The mains valve was then opened and the sprinklers again discharged water – this process was repeated twice and confirmed the same result. The occupier was away on holidays.

In accordance with section 11(a) of the above policy the Shire’s Principal Environmental Health Officer wrote to the leaseholder of lot 306 Fishermans Place on the 12 December 2011. In that correspondence and based on the submitted evidence and enquiries of the authorised officer a ‘formal written caution’ was issued to the leaseholder and requesting a written response to the ‘policy breach’ within 21 days. That response was received within the required 21 days and appears in the ‘comment’ section of this report.

In accordance with section 11(a) of the Windy Harbour Reticulated Water Usage Policy the written response – ‘…is to be referred to Council for determination as to whether the decision (to issue a formal written warning/caution) is upheld and placed on permanent record or whether the matter is withdrawn.’

The consequence of upholding the decision and placing on permanent record is that should a second breach/violation be confirmed by Council, a water flow restriction device shall be installed at the property limiting water flow to a sufficient volume for the purpose of sustaining toilet cisterns at the property for 12 months.

Should a third violation be confirmed by Council there is a consequence of the cancellation of the property lease.

In accordance with the above policy – authorised officers have the authority to enter onto any lease area (excluding entry into buildings) for the express purpose of investigating inappropriate water usage on that leasehold premises.

PUBLIC Consultation Undertaken:

Nil

COMMENT :

Community Development Policy 3.4.9 Windy Harbour Reticulated Water Usage states:

‘Duty of lease occupiers

1. No sprinklers utilising the reticulated water are permitted at any time.’

It is critical that the conservation of the reticulated water supply be applied in order that all supporting infrastructure and treatment of the water is not compromised. Demand on water supply to the entire Windy Harbour settlement is significant particularly during the warmer holiday periods and therefore should not be compromised by breaches of the above policy.

The leaseholder/occupier of lot 306 Fishermans Place submitted his response to the alleged breach of policy and is detailed below:

Leaseholder response	Authorised Officer evidence
This is not possible as the retic system that I have is only hooked to rain water storage tanks and not the mains supply.	Driving past lot 306 I noticed sprinklers in garden operating. I checked under the front verandah where there are 2 water tanks (rain water) – the (pressure) pump near the tanks was not running. I then turned off the mains water supply valve and the sprinklers stopped, when I turned the valve back on the sprinklers came back on. I did this twice more to be sure that the sprinklers in the garden are running off the main water supply.
I question that the mains tap had not been turned off as there is no evidence of this happening on my mains tap.	Agreed – there is no means to determine at the valve if it had been operated. It is a standard valve used throughout the settlement.
I would like to discuss the tampering with my retic taps and water tanks that I had noticed after your alleged Shire Officer had been at my house. It concerns me that my water tank lids had been removed and that the water may have been contaminated.	The only tap operated was the mains reticulation valve feeding the sprinklers. Definitely did not tamper with lids to rain water tanks.

There is no bore at the property.

On balance and with considerable attention to the evidence and subsequent response by the leaseholder/occupier at lot 306 Fishermans Place, any reasonable person would conclude that a breach of the above policy has taken place being, the use of sprinklers utilising the reticulated water.

STATUTORY ENVIRONMENT:

Nil

Policy / Strategic Implications:

Community Development Policy 3.4.9 Windy Harbour Reticulated Water Usage addresses the need to conserve water at the settlement. Section 1 to 11 is relevant to this matter – attached.

ATTACHMENT: 12.3.2(1)

Financial Implications:

Matters of this nature will always attract a cost in terms of time taken to conduct investigations.

Sustainability:

Environmental: The Windy Harbour settlement sources its water from the Shire’s bores and is overseen by the Windy Harbour Drinking Water Management Plan that includes careful management of the bore fields and associated environmental ‘drawdown’ characteristics.

Economic: Use of treated water in breach of policy inevitably attracts a cost in terms of provision of the water and associated investigations.

Social: A consistent enforcement of policy across the Windy Harbour settlement promotes equity and confidence in the authorities by the leaseholders/occupiers.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1. Uphold the issuing of a formal written caution dated 12 December 2012 and place on permanent record for breach of section 1 of Community Development Policy 3.4.9 Windy Harbour Reticulated Water Usage - for the use of sprinklers utilising the reticulated water at Lot 306 Fishermans Place Windy Harbour.

2. Advise the owner of Lot 306 Fishermans Place Windy Harbour of Council’s decision and to institute immediate and continued disconnection of the sprinkler system from the reticulated water supply.

3. Require written notification from the owner of Lot 306 Fishermans Place Windy Harbour confirming the disconnection of the sprinkler system from the reticulated water supply.

4. Undertake further monitoring of Lot 306 Fishermans Place Windy Harbour to ensure compliance with Community Development Policy 3.4.9 Windy Harbour Reticulated Water Usage.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jenkins, D

That Council withdraw this item.

Reason:

Officer was asked twice to investigate – why did he not go down there?

Cr DeCampo proposed substantive motion:

Moved: Taylor, R Seconded: Jenkins, D

25175

That Council:

1. Require the leaseholder demonstrate that there is no connection between the water main and reticulation system within the next 3 weeks, in which case no further action will be taken; and

2. In the case that the leaseholder cannot demonstrate there is no connection, advise the leaseholder of Council’s decision and issue a formal written caution.

MOTION carried 9/1

FOR	AGAINST
Cr D Bavich	Cr R Curo
Cr C Chodorowski
Cr L Daubney
Cr W DeCampo
Cr T Fahey
Cr D Jenkins
Cr J Jones
Cr S Karamfiles
Cr R Taylor

ATTACHMENT

12.4.1 Council Financial Payments October 2011

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:
ZONE:	Whole of Shire
DIVISION:	Statutory Services
FILE REFERENCE:	FNC9
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Jodie Wallingford
DATE OF REPORT:	28 November 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the minutes.

ATTACHMENT: 12.4.1(1)

Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $1,293,529.47 for the month of October 2011 are itemised in the attachment.

Vouchers for the expenditure are available for inspection at the Council Meeting of 19 January 2012.

Fund	Vouchers	Amount
Municipal	70725 - 71039	$1,287,200.45
Trust Fund	2741 – 2747	$655.00
Total Cheques for Month of October 2011		$1,287,855.45

Corporate Credit Card October 2011 – Municipal Account

20031.198.52	Local Government Mana WEST PERTH LGMA SW Seminar Registration - A. Campbell		$35.00
20245.198.52	Australian Institute HORNSBY AIBS Forum Registration - P. Krispyn		$1000.00
20026.29.58	Aus Inst Co Directors SYDNEY Refund – Event Cancelled Bunbury NFP Briefing		-$60.00
79.4099.7641.50	Top Notch Cafe MANJIMUP Lunch Meeting ST:3 NS:1		$77.10
20033.288.57	Local Government Mana WEST PERTH 2011/2012 LGMA Membership - A. Campbell		$408.00
20219.198.52	Uni New England / Post MELBOURNE MBA Unit GSB734 – G. Ipsen Cutts		$1627.50
20049.197.57	Top Notch Cafe MANJIMUP SMT ST: 5		$92.00
20021.197.57	Top Notch Cafe MANJIMUP V+RC Lunch Meeting		$22.00
20262.196.57	Hallmark Editions Pt BRIGHTON 6 Issues of Roads Magazine - Renewal		$70.00
501.6203.6360.57	Grace Hotel SYDNEY HCC Workshop & Training Accom.- S. Van Buerle		$589.72
20052.130.52	Apple Online Store SYDNEY IPad & Ext Warranty- A. Van Rooyen (Salary Sacrifice)		$1048.00
20030.0083.52	Shire of Denmark DENMARK Denmark Centenary Event		$150.00
20030.0083.52	Denmark Visitors DENMARK Denmark Centenary Accommodation – Cr. D Tapley		$122.10
20030.0083.52	Denmark Visitors DENMARK Denmark Centenary Accommodation – J. Hubble		$157.70
20049.196.57	Hallmark Editions Pt BRIGHTON LG News Subscription		$275.00
20049.197.57	Blue Tiger Cafe MANJIMUP Lunch SMT 10 Years Service DCS		$59.90
Total Credit Card Payment			$5,674.02
Total Payments for the month October 2011		$ 1,293,529.47

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations

(12) and (13).

Policy / Strategic Implications:

Nil

Financial Implications:

As stated.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during October 2011 totalling $1,322,085.18 as detailed in Attachment: 12.4.1(1).

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Chodorowski, C

25176

That Council receive the accounts paid during October 2011 totalling$1,322,085.18 as detailed in Attachment: 12.4.1(1). With amendment to Corporate Credit Card – Municipal Account.

carried 10/0

20261.103.57	Canprint Comm FYSHWICK Guide to Road Design		$1053.00
20410.198.52	Arrb Transport Rsh VERMONT SOUTH Registration – Unsealed Road Workshop – S.Patterson		$1342.00
20049.197.57	Top Notch Cafe MANJIMUP SMT Meeting Refreshments ST:5		$84.00
20221.197.57	Blue Tiger Cafe MANJIMUP SWDC / Shire Meeting ST:2 NS:2		$13.60
20221.197.57	Hollow Butt NORTHCLIFFE Meeting & Lunch for WH Team ST:4		$50.70
20033.197.57	Manjimup Liquor World MANJIMUP Refreshments for End of Rates / Financial Year Celebration ST:14		$86.47
20111.130.62	Apple Online Store SYDNEY IPad for S.Laba Extended Warranty		$99.00
20111.130.62	Apple Online Store SYDNEY IPad for S.Laba		$949.00
20171.198.52	Planning Institute SOUTH PERTH State Conference – Planning Institute, Registration – R.Winslow		$650.00
92.8524.3240.57	HP Parts Store AU RHODES Spare HP AC Power Supply for New Server PO 8085		$541.94
69.4999.7300.57	WP-RealVNC Ltd. CAMBRIDGE 100VNC Enterprise Edition Desktop Licence for Windows		$1620.45
20049.197.57	Top Notch Cafe MANJIMUP SMT Meeting		$83.50
69.4999.7300.57	Currency Conversion Fee Overseas Purchase of 100VNC Enterprise Edition Desktop Licence for Windows		$48.61
Total Credit Card Payment			$6,622.27
Total Payments for the month October 2011		$ 1,294,477.72

12.8.1 Budget Amendment - Successful Lotterywest Funding Application - Shire of Manjimup Australia Day Celebration 2012

PROPONENT	Shire of Manjimup
OWNER	Whole of Shire
LOCATION / ADDRESS:	Northcliffe
WARD:	Coastal
ZONE:	N/A
DIVISION:	Community Services
FILE REFERENCE:	WLF 9/14
LEGISLATION:	Local Government Act 1995 s 6.8
AUTHOR:	Hayden Rice
DATE OF REPORT:	3/01/2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Shire of Manjimup presents an annual Australia Day ceremony and associated celebration to the community each year which provides the opportunity to recognise the Premier’s Australia Day Active Citizen Awards, conducts citizenship ceremonies, and allows for the delivery of special messages from invited guests and dignitaries.

On the 26^th January the 2012 Australia Day event will be conducted in Northcliffe at the community Town Hall and will compliment the proposed “Back to Northcliffe Day” which will feature the unveiling of the heritage icon. The event continues to be free to all community members as to ensure inclusion and participation.

PUBLIC Consultation Undertaken:

Consultation with the committee of the Northcliffe Community Development Group has been completed in respect to coordinating all the facets of the 2011 Australia Day programme.

COMMENT (Includes Options):

The Shire of Manjimup has been successful in securing $6,000 grant funding from Lotterywest for the 2012 Australia Day ceremony and associated celebration.

Funding will be utilised for adequate promotion and publicity and for ensuring the necessary equipment is available to present the event and guarantee some comfort for the general public.

Subject to sufficient numbers bus transport to the event will ensure Manjimup Shire community members have the opportunity to participate in this significant event. As in previous years a gold coin donation for bus transport will be collected and directed to the Royal Flying Doctor Service.

STATUTORY ENVIRONMENT:

Local Government Act 1995 s 6.8

Policy / Strategic Implications:

The celebration of Australia Day is embodied in the overarching Vision for the

Shire of Manjimup and the Manjimup Strategic Plan (Plan for the Future) 2010-2020. Specifically covered under Key Result Area 2 – Community Objective 8 – Increased awareness of the Shire as a desirable place to visit

Financial Implications:

The 2011 / 2012 budget requires to be amended to reflect the Lotterywest grant of $6,000 (excluding GST)

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Australia Day event and associated celebration provides for the joining of diverse cultures, fostering greater community cohesion and enhances tolerance, harmony and inclusion. This significant occasion also presents an opportunity to recognise the contributions of individuals and community groups with the announcement of the Premier’s Australia Day Active Citizenship Awards

VOTING REQUIREMENTS: ABSOLUTE majority

Officer Recommendation:

1.That Council amend the 2011 /2012 budget as follows:

Description

Current Budget

Revised Budget

Variation

Australia Day Celebration

Lotterywest Funding

$1,750

$7,750

($6,000)

$6,000

($6,000)

Net Rate Funds

$1,750

COUNCIL RESOLUTION:

Moved: Jones, J Seconded: Bavich, D

25177

1.That Council amend the 2011 /2012 budget as follows:

Description

Current Budget

Revised Budget

Variation

Australia Day Celebration

Lotterywest Funding

$1,750

$7,750

($6,000)

$6,000

($6,000)

Net Rate Funds

$1,750

CARRIED: 10/0

12.8.2 Budget Amendment - Successful Lotterywest Funding Application - Coalmine Beach Heritage Trail - Interpreting Cultural Heritage

PROPONENT	Shire of Manjimup
OWNER	Whole of Shire
LOCATION / ADDRESS:	Walpole
WARD:	South
ZONE:	N/A
DIVISION:	Community Services
FILE REFERENCE:	WLF 10/3
LEGISLATION:	Local Government Act 1995 s 6.8
AUTHOR:	Hayden Rice
DATE OF REPORT:	3/01/2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Shire of Manjimup in partnership with the Department of Environment and Conservation (DEC) continues the surface upgrade program of the Coalmine Beach Heritage Trail to ensure improved access and usage by community members and visitors to the region.

The trail links the Walpole towns-site with the Coalmine Beach camping and caravan park and has become a popular tourist location for recreational walkers, cyclists, and people who have a general interest in the flora and fauna aspects of the region.

The Shire of Manjimup with the assistance of DEC staff prepared a successful funding submission to the Lotterywest Interpreting and Cultural Heritage Grants initiative to gain funds to replace the interpretation signs that were originally put in place along the Coalmine Beach Heritage Trail back in1988.

The purpose of this report is to brief Council on the project and to amend the 2011/2012 budget to reflect the successful funding of $5,716 (excluding GST) received from Lotterywest.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

With the staged surface upgrade program of the Coalmine Beach Heritage progressing efficiently toward completion, the replacement of damaged, outdated and in some cases missing interpretation and directional markers will now be addressed.

With the appropriate upgrade of interpretative signage along the trail, local community members and visitors to the region will gain some meaningful appreciation as to the cultural history of the Walpole area as well as the native flora and fauna in this pristine location.

STATUTORY ENVIRONMENT:

Local Government Act 1995 s 6.8

Policy / Strategic Implications:

The project objectives fall within the Sport & Recreation Strategic Plan 2002 objectives – Upgrade and extend path track and trail system;

- raise the priority and profile of paths tracks and trails as the primary recreational facility in the Shire

- continue to develop the path system throughout the town to provide linkages between community nodes and attractions

- Develop a scheme or standard for signage, and seating, shade shelter and lighting and install at key points

Financial Implications:

The 2011/2012 budget to be amended to show a variance of $5,716 (excluding GST)

Sustainability:

Environmental: Appropriate interpretive and directional signage will ensure the natural environment within the Coalmine Beach Heritage Trail will gain some protection preventing further degradation particularly during the wet season.

Economic: Walpole’s economy remains reliant on a robust tourism trade and it would be expected that a trail system that promotes the special features of this pristine region including a background to the colour cultural heritage will attract greater visitations from people on vacation or involved in a range of recreational pursuits including walkers and cyclists.

Social: Overall, the reinstatement of the interpretative information on the Coalmine Beach Heritage Trail will deliver a greater appreciation of the interaction between people and the environment that formed a strong component of the colourful cultural history that shaped the foundation of the Walpole region.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council Amend the 2011/2012 Budget as follows:

Description

Current Budget

Revised Budget

Variation

Parks and Gardens – Coal Mine Beach Heritage Trail

Lotterywest Funding

$5,716

($5,716)

$5,716

($5,716)

Net Rate Funds

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jones, J

25178

That Council Amend the 2011/2012 Budget as follows:

Description

Current Budget

Revised Budget

Variation

Parks and Gardens – Coal Mine Beach Heritage Trail

Lotterywest Funding

$5,716

($5,716)

$5,716

($5,716)

Net Rate Funds

CARRIED: 10/0

12.12.3 Manjimup SuperTown additional funds for preparation of the Growth Plan and other supporting plans

PROPONENT	Minister for Regional Development
OWNER	Shire of Manjimup
LOCATION / ADDRESS:
WARD:	Central Ward and surrounding district
ZONE:
DIVISION:	Corporate Services
FILE REFERENCE:	TPL21
LEGISLATION:	Royalties for Regions
AUTHOR:	Jeremy Hubble
DATE OF REPORT:	5/01/2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council last considered SuperTown funding at its 10 November 2011 meeting whereby it resolved to amend the 2011/12 budget to include funding of $232,750 towards completion of the SuperTown Growth Plan and associated supporting plans.

The allocation of $232,750 funding followed a substantial reduction from the initial $330,000 sought in order to provide for amounts to be consumed by various State government agencies and a general reduction of 5% to all claims. The amount of planning funding allocated to the Shire of Manjimup was subsequently spread over two phases with $232,750 allocated for phase 1 plans and an indicative $97,250 for phase 2 plans at a later stage (thought to be early 2012/13).

The Shire of Manjimup has recently been advised that funding for Phase 2 planning has now been made available (other than the $15,000 sought for the development of an industry incentive plan). Accordingly, additional funding of $82,500 has been made available for the following plans:

§ Infrastructure Pedestrian Path Plan $15,000

§ Aged / Affordable Housing Proposal $20,000

§ Urban Design Landscape $25,000

§ Recreation Planning $10,000

§ Recoup earlier 5% reduction $12,500

The purpose of this report is to advise Council of the approval of the additional $82,500 funding and to amend Council’s 2011/12 budget to reflect the additional income and expenditure.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The SWDC received $400,000 to engage the lead Growth Plan consultants (RPS) and Economic Development Plan consultants (AEC) for each of the three SuperTowns within its catchment (being Collie, Manjimup and Margaret River). The SWDC has also now received an additional $154,500 funding to:

§ RPS existing role expanded to review infrastructure needs ($40k);

§ Undertake indigenous map and gap plan ($20k);

§ Context analysis. Economic, Social and Environment Strategies ($45k);

§ RPS and AEC existing roles expanded to include artists impressions for town centre projects and developer contribution plans ($30k); and

§ Recoup of previous 5% reduction ($20k).

Shire of Manjimup managed functions

In addition to the general administration of the Community Reference Groups and broad public engagement/public awareness raising the Shire of Manjimup has specifically undertaken to complete the following 13 deliverables:

#	Project deliverable	Phase 1 High priority planning activities	Phase 2 Lower priority planning activities	Shire of Manjimup muni funds	Total cost / funding
1	Community visioning and engagement	30,000	0	0	$30,000
2	Mainstreet detailed design work	50,000	0	0	$50,000
3	Community facility business plans and detailed design work for key strategic sites	30,000	0	5,000	$35,000
4	Manjimup Airport study	20,000	0	0	$20,000
5	District water management strategy	10,000	0	0	$10,000
6	Agricultural district water management preliminary concept to aid water trading	20,000	0	0	$20,000
7	Road hierarchy planning and solutions for major pinch points	20,000	0	0	$20,000
8	Pedestrian path network and recreational planning	0	15,000	0	$15,000
9	Parking management plan for town centre and cash in lieu policy	15,000	0	0	$15,000
10	Aged / affordable housing plan	0	20,000	0	$20,000
11	Urban design landscape and recreational planning	0	25,000 10,000	0 0	$25,000 $10,000
12	Townsite development plan	30,000	0	20,000	$50,000
13	Industrial area service plan	20,000	0	15,000	$35,000
14	Less 5% enforced reduction	(12,250)	12,500	0	250
	Total funds	$232,750	$82,500	$40,000	$355,250

These 13 planning projects will be undertaken using a combination of inhouse staff and sub consultancies.

General comment

The SuperTown initiative presents a rare opportunity to make significant changes to the shape and functioning of a town. The timeframes are tight for Council, officers and the Manjimup community to respond to this opportunity (which will in turn create frustrations) but this should not overshadow the benefits such investment in our community presents.

The Community Reference Group is progressing well however the development of the Growth and Economic Development Plans are presenting some challenges integrating local views with the views of the Lead and Economic Development consultants.

Industry Incentive Plans

The rationale for the exclusion of the “Industry Incentive Plan” ($15,000) is not well understood. The SWDC indicated the WAPC nominated to attend to this function and have received funding to do so, however there appears to be significant confusion about what is being done by the WAPC. The Shire’s intention was to understand what incentives would be necessary for identified industries or projects to locate to Manjimup, not simply zoning or headworks type incentives contemplated by the WAPC.

The SWDC have undertaken to determine the exact nature of what the WAPC are proposing to do. An agreed approach is for the SWDC to expand the Economic Development Plan brief to include quantification of market failure and proposed solutions thereto.

The provision of the Phase 2 additional funding to assist with the planning is gratefully welcomed.

STATUTORY ENVIRONMENT:

Local Government Act 1995. Section 6.8 requires expenditure not included in the annual budget to be authorised in advance by Council resolution with an absolute majority.

Policy / Strategic Implications:

The SuperTown project has the potential to significantly shape the future of Manjimup and its surrounding communities.

Financial Implications:

As shown under comment section.

Sustainability:

Environmental: Nil

Economic: The SuperTown Growth Plan includes an Economic Development Plan.

Social: A “Community Reference Group” is operating to ensure community values are considered in the preparation of the SuperTown Growth Plan.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council amend its 2011/12 budget to reflect the following additional income and planning expenditure associated with phase one of the Manjimup SuperTown Growth Plan:

Current budget

Revised

budget

Variance

Expenditure

- SuperTown Growth Plan

272,750

355,250

82,500

Income

- Grant SWDC SuperTown planning

(232,750)

(315,250)

(82,500)

Muni

40,000

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Jones, J

25179

That Council amend its 2011/12 budget to reflect the following additional income and planning expenditure associated with phase one of the Manjimup SuperTown Growth Plan:

Current budget

Revised

budget

Variance

Expenditure

- SuperTown Growth Plan

272,750

355,250

82,500

Income

- Grant SWDC SuperTown planning

(232,750)

(315,250)

(82,500)

Muni

40,000

CARRIED: 10/0

ATTACHMENT

12.14.1 Minutes of the Audit Committee Meeting held 8 December 2011

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:
DIVISION:	Statutory Services
FILE REFERENCE:	FNC 1 & CNL 26
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	19 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

On 8 December 2011 Council’s Audit Committee met with the purpose of:

1) Appointing a Chairperson to the Audit Committee for a two year period;

2) Discussing any matters arising from the statutory Annual Audit for 2010/11 conducted by Council’s Auditors, AMD Chartered Accountants;

3) Contemplating measures to address volatile valuation fluctuations resulting from the implementation of the Romans II system applied to hard infrastructure;

4) Identifying focus areas for the 2012 period; and

5) Recommending the appointment of Council’s Auditor for the next three year period.

Council’s Auditor, Mr Tim Partridge of AMD Chartered Accountants was in attendance and addressed the Audit Committee. Minutes of the meeting are attached.

ATTACHMENT: 12.14.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There are four recommendations of the Audit Committee requiring the consideration of Council:

Committee Recommendation	Officer Recommendation
That Cr Dean Bavich is elected Chairperson of the Audit Committee for a two year period ending on 18 October 2013.	Supported as per the Audit Committee recommendation. This is an administrative matter only.
That a Romans II policy is formulated to apply unit costs, depreciation method and core data control for discussion by the Audit Committee at the next Interim Audit.	Supported as per the Audit Committee recommendation. Thorough and appropriate guidance to staff in this area should increase consistency and therefore reduce hard infrastructure valuation volatility.
Council’s Auditors are requested to investigate and evaluate whether the financial practices and procedures at the AquaCentre are appropriate.	Supported as per the Audit Committee recommendation. The AquaCentre represents a high risk, high expenditure component of Council’s business and sound financial practices and procedures are imperative.
An internal assessment is conducted at the Manjimup Indoor Sports Pavilion to establish what assets belong to or are the responsibility of the Shire of Manjimup.	Supported as per the Audit Committee recommendation.
That Council appoint AMD Chartered Accountants for a three year period concluding 30 June 2014.	Supported as per the Audit Committee recommendation. AMD have conducted their business as Council’s Auditor for many years in a highly professional and appropriate manner. (Note: Absolute Majority required)

STATUTORY ENVIRONMENT:

It is a requirement under Part 7 of the Local Government Act 1995 for a Local Government to appoint auditors to audit accounts and the Annual Financial Report of a Local Government. In addition to this, a Local Government must establish an Audit Committee to provide guidance and assistance to the Local Government to fulfil its responsibilities under the Act.

Policy / Strategic Implications:

The Audit Committee is established under the Local Government Act to provide guidance and assistance to Local Government in achieving the audit requirements of the Act thus ensuring that the financial management of the Shire of Manjimup remains open, transparent and accountable.

Financial Implications:

The cost of AMD’s Annual Audit Services for 2012 is $13,900(ex GST), 2013 is $14,500(ex GST), and 2014 is $15,100(ex GST). Additional costs are applicable for other requested Audit Services.

Sustainability:

Environmental: Nil

Economic: It is essential that Local Government maintains open, transparent and accountable processes in the expenditure of public monies. Regular financial audits by auditors and the functions of the Audit Committee are some of the methods established to assist Local Government in meeting legislative and community expectations.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJOrity

Officer Recommendation:

That Council:

1) Receive the minutes of the Audit Committee meeting held 8 December 2011 as per Attachment: 12.14.1(1);

2) Request that a Romans II policy is formulated by staff to apply unit costs, depreciation method and core data control for discussion by the Audit Committee at the next Interim Audit;

3) Engage Council’s Auditors to investigate and evaluate whether the financial practices and procedures at the AquaCentre are appropriate;

4) Request staff conduct an internal assessment is at the Manjimup Indoor Sports Pavilion to establish what assets belong to or are the responsibility of the Shire of Manjimup; and

5) Appoint AMD Chartered Accountants as Council’s Auditor for a three year period concluding 30 June 2014.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Chodorowski, C

25180

That Council:

1) Receive the minutes of the Audit Committee meeting held 8 December 2011 as per Attachment: 12.14.1(1);

2) Request that a Romans II policy is formulated by staff to apply unit costs, depreciation method and core data control for discussion by the Audit Committee at the next Interim Audit;

3) Engage Council’s Auditors to investigate and evaluate whether the financial practices and procedures at the AquaCentre are appropriate;

4) Request staff conduct an internal assessment is at the Manjimup Indoor Sports Pavilion to establish what assets belong to or are the responsibility of the Shire of Manjimup; and

5) Appoint AMD Chartered Accountants as Council’s Auditor for a three year period concluding 30 June 2014.

CARRIED: 10/0

ATTACHMENT

12.14.3 Request to Amend Terms of Reference for Northcliffe Forest Park Management Committee

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Forest Park
WARD:	Coastal
ZONE:	N/A
DIVISION:	Works and Services
FILE REFERENCE:	TPL 6/26
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jade DeCampo
DATE OF REPORT:	6 January 2012
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

A request from Southern Forest Arts has been received to appoint a proxy to the position of Southern Forest Arts representative. The purpose of this report, therefore, is to request Council amend the Terms of Reference for the Forest Park Management Committee to include a proxy for this position and to subsequently appoint the proxy.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Allocating a proxy to a position on a committee ensures representation of various interests where a normal member is unable to attend. Proxies also allow for effective meetings by increasing the likelihood of achieving a quorum in the case that normal members are unavailable. It is noted that a number of the existing positions also have proxies.

Accordingly, it is recommended that Council amend the Terms of Reference to include a proxy for the Southern Forest Arts representative, and in accordance with the request, appoint Diana Moss to the proxy position.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Proxies increase the likelihood of being able to hold formal committee meetings providing the best opportunity for effective management of the Northcliffe Forest Park.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Amend the Terms of Reference for the Forest Park Management Committee to include the position of proxy to the Southern Forest Arts member in accordance with the updated Terms of Reference included in the attachment 12.14.3(1); and

2. Appoint Diana Moss to the position of proxy for the Sothern Forest Arts member.

COUNCIL RESOLUTION:

Moved: Jones, J Seconded: Fahey, T

25181

That Council:

2. Appoint Diana Moss to the position of proxy for the Southern Forest Arts member.

CARRIED: 10/0

ATTACHMENT

12.15.1 Minutes of the Manjimup Timber and Heritage Park Advisory Committee Meetings held 13 December 2011

PROPONENT:	Shire of Manjimup
OWNER:	Shire of Manjimup
LOCATION / ADDRESS:	Ward and Edwards street, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIVISION:	Community Services
FILE REFERENCE:	R26199/2
LEGISLATION:	Nil
AUTHOR:	Gail Ipsen Cutts / Jeremy Hubble
DATE OF REPORT:	21 December 2011
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The unconfirmed Minutes of the Manjimup Timber and Heritage Park Advisory Committee meetings held on the 13 December 2011 are attached.

ATTACHMENT: 12.15.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There are 6 recommendations requiring a decision of Council.

COMMITTEE RECOMMENDATION

OFFICER COMMENT

That Cr Dean Bavich be nominated as the new Chairperson for the Manjimup Timber and Heritage park Committee

As per Committee Recommendation

That the Terms of Reference be amended to note that Peter Gunson represents AusWest, replacing Gunns; and that Yvonne Pegrum’s title is ‘Ms’ not ‘Mrs’.

As per Committee Recommendation

Additional amendments that also need to be noted include the removal of the representative for FPC and DEC as there has been no representatives for several years. In addition the quorum has been amended to 6 (reflecting 50% of representatives), and the name Timber Park has been amended to read Manjimup Timber and Heritage Park.

That the committee support the proposal by the Manjimup Historical Society Inc to use the Round House for temporary premises and exhibition space subject to acknowledging that the future development of the Round House may require the Society to be relocated”.

As per Committee Recommendation

In the last 12 months the Round House has been used on 77 occasions for functions, weddings, birthday parties, the Cherry Festival photographic display, the Great WA Bike Ride and other events. A summary of the Round House bookings for the 2011 year follows.

	# Bookings	%
Other uses	40	52%
Warren Arts	29	38%
Shire	8	10%
Total	77	100%

The Round House is generally closed to visitors and for most of the year relatively underutilised as a function space.

The proposal by the Historic Society to move their headquarters, exhibitions and storage into the Round House would increase the buildings utilisation and may allow the building to be open to visitors at certain times however, this would be at the expense of allowing temporary hire of the building for those types of other functions listed above. Council needs to be comfortable that the building would no longer be available upon request for weddings etc. for the 40 or so other uses during the year.

The proposed terms of use (including hire, cost recoups etc) is not known.

The recommendation meets the immediate needs of the Historical Society who have outgrown their meeting, curatorial and storage space in the old police station offers. Society members are aware that the move is likely to be temporary.

Margaret Jacob be nominated as the proxy representative for the Manjimup Historical Society Inc and that the terms of reference be amended accordingly.

As per Committee Recommendation

Phyllis Karahoutis be nominated as the Indigenous community representative and that the terms of reference be amended accordingly.

As per Committee Recommendation

Sophia Karahoutis be nominated as the proxy Indigenous community representative and that the terms of reference be amended accordingly.

As per Committee Recommendation

“Support, in principle, be given to the Community Garden being established in the Manjimup Timber and Heritage Park within the area proposed (NE of Settlement) subject to the following considerations:

· Size of lease area to be reduced,

· Lease area to be pushed slightly north and increased slightly to the west along Graphite Road.

· Lease area to be moved slightly away from internal gravel road and settlers cottage.

· Encouragement of bush tucker and education.

As per Committee Recommendation

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Manjimup Timber and Heritage Park Management and Development plan 2006

Objective 1 “Increase local visitor rates and ensure greater enjoyment by the community of an existing social and cultural resource.

Financial Implications:

In the event the Round House is fully utilised by the Historical Society, the loss of revenue from the 40 occasional users would amount to $3,200 (prior to any not for profit community group discount).

Sustainability:

Environmental: The proposed community garden will be based on an ethos of organic gardening and permaculture and as such should have limited impact on the environs and water catchment in the park.

Economic: Nil

Social: Community gardens offer an important opportunity for community members and groups to come together and learn about health and wellbeing and to enjoy an alternative social opportunity.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Receives the unconfirmed minutes of the Manjimup Timber and Heritage Park Advisory Committee meeting held 13 December 2011 in Attachment: 12.15.1(1),

2. Defers a decision on the request by the Manjimup Historical Society Inc to use the Round House for temporary premises and exhibition space until the next Council meeting to better evaluate the implications to occasional hirers and the rationalisation of buildings under the SuperTown planning currently underway.

3. Endorses the nomination of Margaret Jacob as the proxy representative for the Manjimup Historical Society Inc.

4. Endorses the nomination of Phyllis Karahoutis as the Indigenous community representative.

5. Endorses the nomination of Sophia Karahoutis as the Indigenous community representative proxy.

6. Adopts the amended terms of reference for the Manjimup Timber and Heritage Park Committee.

7. Supports, in principle, the request for a Community Garden being established in the Manjimup Timber and Heritage Park within the area proposed (NE of Settlement) subject to the following considerations:

a) Size of lease area to be reduced,

b) Lease area to be pushed slightly north and increased slightly to the west along Graphite Road,

c) Lease area to be moved slightly away from internal gravel road and settlers cottage,

d) Encouragement of bush tucker and education.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

25182

That Council:

1. Receives the unconfirmed minutes of the Manjimup Timber and Heritage Park Advisory Committee meeting held 13 December 2011 in Attachment: 12.15.1(1),

3. Endorses the nomination of Margaret Jacob as the proxy representative for the Manjimup Historical Society Inc.

4. Endorses the nomination of Phyllis Karahoutis as the Indigenous community representative.

5. Endorses the nomination of Sophia Karahoutis as the Indigenous community representative proxy.

6. Adopts the amended terms of reference for the Manjimup Timber and Heritage Park Committee.

a) Size of lease area to be reduced,

b) Lease area to be pushed slightly north and increased slightly to the west along Graphite Road,

c) Lease area to be moved slightly away from internal gravel road and settlers cottage,

d) Encouragement of bush tucker and education.

CARRIED: 10/0