MINUTES

 

Council Meeting

 

1 March 2012

 

 

 

 

 

 

 


 

TABLE OF CONTENTS

 

 

 

1.     DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS /PRESENTATIONS: (by Council): 4

2.     RECORD OF ATTENDANCE / APOLOGIES / LEAVE OF ABSENCE (Previously Approved): 4

3.     PUBLIC QUESTION TIME / PUBLIC FORUM: (15 Minutes) 5

4.     PETITIONS / DEPUTATIONS / PRESENTATIONS (by others): 9

5.     APPLICATIONS FOR LEAVE OF ABSENCE: 9

6.     CONFIRMATION OF MINUTES: 10

7.     DISCLOSURE OF FINANCIAL INTEREST: 10

8.     ANNOUNCEMENTS BY THE PRESIDENT WITHOUT DISCUSSION: 10

9.     NOTICE OF INTENTION TO MOVE SUSPENSION OF STANDING ORDERS AT CLOSE OF MEETING:  10

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

11.   REPLIES TO QUESTIONS TO WHICH DUE NOTICE HAS BEEN GIVEN:    10

12.   COUNCIL OFFICERS’ REPORTS: 10

25199   12.4.2        Girl Guides Western Australia Inc Lease Over Portion of Reserve 19552  12

25200   12.4.3        Action Prior to Selling Lots 60 & 61 Banksia St Northcliffe for  Outstanding Rates. 15

25201   12.4.4        Council Financial Payments January 2012. 18

25202   12.6.1        Proposed Land Dedication Crouch Street Manjimup. 20

25203   12.6.2        Award of Tender 1-11, Provision of Traffic Management Services  23

25204   12.8.2        Manjimup Historical Society Request for Temporary Occupation of the Manjimup Timber and Heritage Park Roundhouse. 27

25205   12.14.1      Minutes of the Northcliffe Town Hall Management Committee Meeting held 16 January 2012. 34

25206   12.14.2      Minutes of the Northcliffe Forest Park Management Committee Meeting held 18 January 2012. 36

25207   12.15.1      Minutes of the Marketing Advisory Committee Meeting held 9 February 2012. 38

25208   12.1.1        Proposed Industry - Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup. 40

25209   12.1.2        Proposed Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup. 46

25212   12.1.3        Endorsement of Preliminary Manjimup SuperTown Growth Plan   53

25213   12.4.1        Windy Harbour Lease Transfer - Site 238. 58

25214   12.8.1        Budget Amendment - Youth Week Funding Received. 61

13.   NOTICE OF MOTION FOR CONSIDERATION AT FOLLOWING MEETING IF GIVEN DURING MEETING: 64

14.   LATE ITEMS:  64

15.   NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: 64

16.   CLOSURE: 64

 


  SHIRE OF MANJIMUP

 

Minutes of the Ordinary Meeting of Council held in the Walpole Community Hall, Thursday, 1 March 2012.

 

1.         DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS /PRESENTATIONS: (by Council):

            The Shire President declared the meeting open at 5.30pm.

            A Citizenship ceremony was conducted for Mr Martin Parker.  Cr De Campo presented Mr Parker 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 R Curo

Cr L Daubney

Cr T Fahey

Cr D Jenkins

Cr J Jones

Cr S Karamfiles

Cr D Pottinger

Cr D Tapley

Cr R Taylor

 

Staff

Mr Jeremy Hubble (Chief Executive Officer)

Mr Andrew Campbell (Director Statutory Services)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Doug Elkins (Director Works)

Mr Roy Winslow (Manager, Planning & Sustainability)

Mr Pascal Balley (Manager, Technical Services)

Mrs Rachel Croft (Communications, Support)

Mrs Gaye Burridge (Corporate Administration & Marketing Officer)

 

Gallery

Peter Newton

Marie A Griffiths

Rob Griffiths

Dianne Pickersgill

Helen Rawlins

Martin Parker

Kerry Galland

Jack Jenning

Nancy Jenning

Frank Cooper

Michelle Whitehead

Bob Laing

Louise Pickett

Don Burton

Robert Thompson

John Kolo

Karen Cummuskey

Vivienne Williams

Wayne Dumbrell

Carol Dumbrell

Suzanne Hawkins

Douglas R Bruce

Colin George

Ewan McInnes

 

2.2     Apologies:  Nil

 

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

 

3.1.1  Douglas Bruce – Men’s Shed Steering Group – Secretary.

·         Helped by Healthways

·         Moving to incorporation – AGM 22 March  20 people

·         Info precinct CRC/building/Rec Centre.

·         Is there land set aside for the men’s shed to be placed there?

·         Men of all cultures to gather and socialise.

 

Response from Director Community Services: 

·         Initial concept planning by Walpole community gardens.

·         Included both community garden and men’s shed.

·         Decision was to defer focus on a men’s shed.  Not aware of any additional planning.

·         Potential for more discussions and Lotteries West funding available.


 

3.1.2     Robert Thompson – Walpole Resident.

Mr Thompson read from the attached prepared statement.

ATTACHMENT: 3.1.2(1)

 

Response from Chief Executive Officer:

Local Planning Scheme Review 2013/14

 

Response Cr De Campo:  Not prepared to nominate.

 

3.1.3     Wayne Dumbrell – Farmer – Bridge Road

·         Concerned about gravel road that cut and fill may have been better.

·         How was that section considered the priority?

 

Response Director Works:

Understand feedback.

When building new road has to be amended to modern standard.  Super elevation practice normal construction.

 

When design construction have to meet the existing road.  Stopped short of the bend.  Works will continue in this current financial year.

 

Bridge Road sits on 20/25 road list as eligible for Royalties for Regions.  Funding successful.  Council’s preference was to start at the Walpole end.

 

3.1.4      Douglas Bruce – Walpole Resident.

     Question 1.

·         Bibbulmun Track

·         Travel town jetty to Coalmine Beach and back again.  Overgrown and fishing rods get caught in the canopy of overhanging trees.

 

Response from Chief Executive Officer:

Bibbulmun Track is maintained by DEC however as the issue is within the town precinct the Shire has a part to play in the maintenance of the Track.

    

     Question 2

·         Gopher.  Kerbing around town and cross over poor gopher unable to negotiate safely.  “Bucking Bronco”.  One near Silver Chain is also difficult.

·         No marked disabled bays outside Town Hall.

 

Response from Director Community Services:

Suggest keep a list and advise Cr Tapley who is on the Disability Access and Inclusion Plan Community.  Can do a local inspection. 


 

Response from Director Works:

Council increase budget for footpaths over the last four years.  10 years and a lot will be done.  Council does have some capacity to address specified small problems.

 

Response from Director Statutory Services:

Disabled parking bays on Council list.

 

Requests have been put through Cr Tapley.  All requests have been done.  Car park has only just been resealed so line marking will be carried out soon.

 

Question 3.

Parking Nockold Street.

·   People in 4WD and caravans taking up multiple bays near IGA.  (and across disabled bay)

·         Parking across 5 bays.

·   Issue with people parking caravans when larger bays across the road.

·   When will be policed.

 

Response Chief Executive Officer:

No parking inspectors but Rangers can police disabled bays.  Contact the Shire when it happens.

 

3.1.5     Karen Cummuskey – Walpole Recreation Centre.

Ms Cummuskey read from the attached prepared statement.

ATTACHMENT: 3.1.5(1)

 

Response Chief Executive Officer:

Suggest contact be made with the Shire’s Manager of Recreation Services.

 

3.1.6      Sue Hawkins – Walpole resident.

Ms Hawkins read from a prepared statement and is attached.

ATTACHMENT 3.1.6(1)

 

Response from Director Works:

·         Bridge Road on RRG.           Will get finished next 3-4 years. 

·         Stops prior to bend as insufficient money to get around the bend.

·         Construction will continue and finish road to Denmark Shire.

 

3.1.7      Carol Dumbrell – Walpole Nornalup & Districts Historical Society.

Ms Dumbrell read from the attached prepared statement.

ATTACHMENT 3.1.7(1)


 

3.1.8      Peter Newton – Walpole Resident.

Road names.  Town Jetty never named officially.  Would like a sign name on the jetty road.

 

3.1.9      Bob Laing – Walpole Country Club.

·         Thank council for agreeing to extend lease to 21 years.

·         Appreciate Councillor Tapley.

·         Actions:

Expand $5k greens with bio friendly vegetable oils.  Two greens done.  Existing treatment not impacting the inlet.

 

Strategic and business plans.

          Neighbouring Shire has helped Denmark Club.  Provided advice and grant money to help with external consultants.

 

Will be looking for contributions from Manjimup Shire.

 

Response from Chief Executive Officer:

Community grants are available (round open now).

 

Response from Director Community Services:

Can assist when asked in conjunction with Dept of Sport and Recreation.

 

3.1.10   Marie Griffith – Boronia Ridge Resident.

·                   67 signatories re parkland clearing in Boronia Ridge.

·                   Front end loader started bulldozing trees. 

·                   Conflicts with Boronia Ridge

·                   Reserve considered to be nature reserve.

·                   Not happy.  Not consulted.  Done sneakily.

·                   Not parkland clearing as is not a park but a reserve.

·                   Looks unsightly.

·                   Remo indicated would be burn.

·                   Why not burn off instead.

·                   Managed to stop halfway down reserve.

·                   Devaluing properties.

 

Response from Chief Executive Officer:

Concerns are noted.  Staff will look for possible alternatives to current method and consult again with community.

 

3.1.11   Don Burton – Boronia Ridge

Clearing good.  Possibly a little overdone but good.  Keep going.

 

3.1.12   Jack Jennings

·         Save our fish stocks in the Southern Ocean.

·         Nets being set 50m off the shore.

·         Committee 18 – 20 months.

·         Discussed with Ministers / Premier of the state.

·         Travel widely with no assistance.

·         Fish stocks in Walpole important to tourism in Walpole.  Not thinking about people on the shore.

·         Large boats effectively clear felling our fish stocks.

·         Looking to Shire to help.

·         Concerned depleting our stocks.

 

Response from Wade De Campo:

Thank you for impassioned plea.  Have letter.  Apology for response as Shire does not control the fish stock.  Will take issue up with the Senate.

 

3.1.12   Robert Thompson

Mr Thomson read from the attached prepared statement.

ATTACHMENT:  3.1.12 (1)

 

Response from Cr De Campo:

The interpretation is out of context.

Manjimup is committed to Walpole.

 

3.1.13   John Kolo – Walpole Resident

Mr Kolo read from the attached prepared statement.

ATTACHMENT: 3.1.13(1)

 

Response from Cr De Campo.

Shire has been working hard to get South West Highway upgraded.  Concerns are shared. 

 

Response from Chief Executive Officer:

South West Highway is a State road controlled by Main Roads WA.  Shire will continue to lobby.

 

3.1.14   Ewan McInnes

Mr McInnes read the attached letter to the Council.

ATTACHMENT: 3.1.14(1)

 

Response from Cr De Campo:

Disappointed at industries not coming together in Pemberton to promote the district as one.

 

Response from Chief Executive Officer:

Council deals with Visitor Centres affiliated with Tourism WA and not the many other groups around.

 

3.2         Public Forum  Nil

 

The Shire President to invite members of the public who may wish to address Council on any matter to come forward.  The President may limit the time available to each member of the public to address Council.

 

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

 A petition was presented to Council by Marie Griffith regarding the parkland clearing and is attached.

ATTACHMENT: 4.1

 

5.         APPLICATIONS FOR LEAVE OF ABSENCE:

         

Council Resolution:

 

Moved: Daubney, L         Seconded: Fahey, T

 

25196

That Cr Dean Bavich be granted a leave of absence for the Council meeting on 12 April 2012.

CARRIED: 11/0

 

6.         CONFIRMATION OF MINUTES:

Moved: Daubney, L         Seconded: Chodorowski, C

 

25197

That the Minutes of the Ordinary Meeting of the Council held on 9 February 2012 be confirmed.

CARRIED: 11/0

 

7.         DISCLOSURE OF FINANCIAL INTEREST:

The Chief Executive Officer advised that he has received a Financial Interest declaration from Cr Taylor for Item 12.4.1 and a Proximity Interest declaration from Cr  Jones for Item 12.1.2.

 

Cr Robert Taylor declared a Financial Interest in Item 12.4.1 as he is the leaseholder of Lot 239 Windy Harbour.

 

Cr Jamie Jones declared a Proximity Interest in Item 12.1.2 as he has a neighbouring property.

 

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: Taylor, R             Seconded: Tapley, D

 

25198

“That the Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 50 of the Agenda with the exception of:

CARRIED: 11/0

 

12.1.1

Proposed Industry - Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup

12.1.2

Proposed Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup

12.1.3

Endorsement of Preliminary Manjimup SuperTown Growth Plan

12.4.1

Windy Harbour Lease Transfer - Site 238

12.8.1

Budget Amendment - Youth Week Funding Received

 

Items passed by En Bloc Resolution

12.4.2         Girl Guides Western Australia Inc Lease Over Portion of Reserve 19552

12.4.3         Action Prior to Selling Lots 60 & 61 Banksia St Northcliffe for  Outstanding Rates

12.4.4         Council Financial Payments January 2012

12.6.1         Proposed Land Dedication Crouch Street Manjimup

12.6.2         Award of Tender 1-11, Provision of Traffic Management Services

12.8.2         Manjimup Historical Society Request for Temporary Occupation of the Manjimup Timber and Heritage Park Roundhouse.

12.14.1       Minutes of the Northcliffe Town Hall Management Committee Meeting held 16 January 2012.

12.14.2       Minutes of the Northcliffe Forest Park Management Committee Meeting held 18 January 2012

12.15.1       Minutes of the Marketing Advisory Committee Meeting held 9 February 2012

 

 


12

 

12.4.2        Girl Guides Western Australia Inc Lease Over Portion of Reserve 19552      

 

PROPONENT

Girl Guides Western Australia Inc

OWNER

Crown (Management Order to Shire)

LOCATION / ADDRESS:

Lot 783 Collier St, Manjimup

WARD:

Central

ZONE:

Park & Recreation

DIVISION:

Statutory Services

FILE REFERENCE:

P55586

LEGISLATION:

Local Government Act 1995

Land Administration Act 1997

AUTHOR:

Jasmine Bamess

DATE OF REPORT:

2 March 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

Girl Guides Western Australia Inc (Girl Guides) lease a portion of Reserve 19552, being the Collier Street Sporting Complex, where their guide hall is located.

 

Following the expiry of the previous lease of two five year lease terms, at their meeting of 21 October 2010 Council resolved to grant Girl Guides a new one year lease term. Reason being that Girl Guides no longer have an active Manjimup group, however they retain ownership of the guide hall. The one year term was to allow time for Girl Guides to find a buyer or sublessee for the hall.

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

At their meeting of 10 February 2011 Council gave approval for Girl Guides to sublease to Network Warren Blackwood who then began using the hall for their ‘Boys to Men’ project. Network Warren Blackwood, previously under Windmill Projects Inc as an auspice arrangement, has recently been taken on by the Shire’s Home and Community Care (HACC).

 

Girl Guides have advised that they are seeking to sell the hall, however in the meantime will rent/lease the hall for up to 12 months. HACC wish to go ahead with this arrangement of a peppercorn rental. The guide hall is being used as a successful venue for various Network Warren Blackwood activities, providing a meeting location and storage of equipment.

 

In 2010 Girl Guides formally offered to sell the hall to the Shire at a cost of $30,000. This was not supported as the Shire already upkeeps a number of buildings and particularly the guide hall is noted as being in fair to poor condition. Girl Guides have requested now that HACC are using the hall the purchase of it be reconsidered in the next 12 months.

 

It is recommended to continue the land lease between the Shire and Girl Guides. Should the rent agreement for HACC be terminated the land lease then remains in place and contains a clause requiring Girl Guides to remove the hall at the termination of the lease.

 

The lease term expired 31 December 2011, however it is considered to be holding over while Girl Guides remain in occupation of the premises. Given the uncertainty of the future of the guide hall it is recommended to grant an extension to the lease for a further one year term only.

 

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council owned and managed land; however section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts not for profit community groups from these requirements.

 

The granting of a peppercorn lease is also in accord with Council Policy 4.2.8 Property Leasing.

 

Policy / Strategic Implications:

The Collier Street / Rea Park Master Plan of 2010 recommended that the Girl Guide’s lease not be renewed and the hall be removed. Although this is the long term view, Shire administration considers it preferable to renew the lease to ensure continued maintenance of the hall until it is sold or relocated.

 

Financial Implications:

HACC will be responsible for all outgoings and maintenance of the hall while renting it.

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Girl Guides are part of an internationally recognised group which encourages youth development. The Network Warren Blackwood programs encourage self advocacy and skills of people with disabilities.

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.   Approve an extension to the lease between the Shire of Manjimup and Girl Guides Western Australia Inc over portion of Reserve 19552 until 31 December 2012, at a rental of $10 per annum payable on demand; subject to approval from the Minister for Lands.

2.   Advise Girl Guides Western Australia Inc that during this term the future of the hall and lease is to be determined.

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25199

That Council:

1.   Approve an extension to the lease between the Shire of Manjimup and Girl Guides Western Australia Inc over portion of Reserve 19552 until 31 December 2012, at a rental of $10 per annum payable on demand; subject to approval from the Minister for Lands.

2.   Advise Girl Guides Western Australia Inc that during this term the future of the hall and lease is to be determined.

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


15

 

12.4.3        Action Prior to Selling Lots 60 & 61 Banksia St Northcliffe for  Outstanding Rates      

 

PROPONENT

Shire of Manjimup

OWNER

Mr Clement Hansen

LOCATION / ADDRESS:

Lots 60 and 61 Banksia St, Northcliffe

WARD:

Coastal

ZONE:

Parks and Recreation

DIVISION:

Statutory Services

FILE REFERENCE:

P56095, P56096

LEGISLATION:

Local Government Act 1995

Land Administration Act 1997

AUTHOR:

Jasmine Bamess

DATE OF REPORT:

15 February 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

At their meeting of 27 May 2010 Council resolved to commence the process to take possession of Lots 60 and 61 Banksia Street Northcliffe due to the non payment of rates. Shire staff have been unsuccessful in attempting to trace the registered owner, Mr Hansen or his descendants since the 1940s. The intention outlined in that agenda was to have the land transferred to the Shire of Manjimup as freehold.

 

PUBLIC Consultation Undertaken:

Notification to Mr Hansen of the Shire of Manjimup taking possession of the two lots with intention for them to be transferred to the Shire was published in the Manjimup Bridgetown Times, 29 June 2011.

 

COMMENT (Includes Options):

Council is required to comply with sections 6.63 – 6.75 of the Local Government Act 1995 for actions against land where rates or service charges are unpaid. A local government may have the land transferred to itself only if the land is offered for sale and no contract for sale is entered into within 12 months (section 6.71(1)) or if after 12 years from giving notice of taking possession the rates remain unpaid and no action has been taken on the land (section 6.75).

 

To exercise power to sell land for unpaid rates, section 6.68 of the Act requires evidence that Council has attempted to recover rates (through legal action) at least once in the preceding three years. However, it provides exemption to this if Council determines that it has reasonable belief that the costs of such legal proceedings will equal or exceed the value of the land or having made reasonable efforts to locate the owner of the property is unable to do so and the reasons for the decision are recorded in the Council minutes.

 

The owner of the properties is most likely now deceased and no descendants have come forward. Legal action has not been taken as it is highly unlikely to locate the owner and recover the outstanding rates. It is therefore recommended that Council determine to proceed to sale without having taking legal action in the three years prior.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995 sections 6.63 – 6.75 and Schedule 6.3

Local Government (Financial Management Regulations) 1996 Schedule 2

 

Policy / Strategic Implications:

Council’s Outstanding Rates policy allows for the sale of land if rates are unpaid.

 

If the attempt to sell is not successful for 12 months the land will then be able to be transferred to the Shire as freehold.

 

Financial Implications:

If the land is sold by public auction Council will receive the outstanding rates and recoup the cost of the sale. The remaining proceeds are required to be paid to the Supreme Court to be held in trust for persons who were entitled to the land or the estate.

 

If the land is not sold and is transferred to the Shire, basic services will be able to be provided and subsequent disposal may occur with a higher return than the outstanding rates.

 

Sustainability:

Environmental: Nil

Economic: The debt will continue to accumulate on the properties until the matter is resolved.

Social: Provision of additional residential opportunities within the Northcliffe townsite.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council, given there have been reasonable efforts to locate the owner of the property that have been unable to do so, proceed with the sale of Lots 60 & 61 Banksia St, Northcliffe in accordance with section 6.68 of the Local Government Act 1995, without having taken legal action against the owner to recover rates in the last three years.


 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25200

That Council, given there have been reasonable efforts to locate the owner of the property that have been unable to do so, proceed with the sale of Lots 60 & 61 Banksia St, Northcliffe in accordance with section 6.68 of the Local Government Act 1995, without having taken legal action against the owner to recover rates in the last three years.

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


18

 ATTACHMENT

 

12.4.4        Council Financial Payments January 2012      

 

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:

16 February 2012

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: 12.4.4(1)

 

Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

The accounts for payment totalling $936,585.29 for the month of January 2012 are itemised in the attachment.

 

Vouchers for the expenditure are available for inspection at the Council Meeting of 1 March 2012.                            

 

Fund           

Vouchers

 

Amount

Municipal

71834 - 72177

$935,588.22

Trust Fund

-

$0.00

Total Cheques for Month of January 2012

$935,588.22

 

Corporate Credit Card January 2012 – Municipal Account

79.6204.7366.50

Blue Tiger Cafe  MANJIMUP

Super Town Meeting  ST:5  NS:3

$114.20

20139.563.57

Adventure World  BIBRA LAKE

20 Tickets Children, 1 Supervisor Ticket Event 12/1/12

$525.00

20033.197.57

Australian Institute  HORNSBY

Transaction Dispute Form Completed at Westpac 9/2

$70.00

20049.197.57

Top Notch Cafe  MANJIMUP

SMT Meeting ST:3

$32.50

20026.29.58

20260.29.52

Corporate Travel Mngt  PERTH

National Roads Congress Car Hire P.Balley & R.Curo

$252.84

20026.29.58

20260.29.52

CTM Perth  MELBOURNE

National Roads Congress Car Hire P.Balley & R.Curo

$2.53

Total Credit Card Payment

$ 997.07

Total Payments for the month January 2012

$ 936,585.29

 

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 January 2012 totalling $936,585.29 as detailed in Attachment: 12.4.4(1).

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25201

That Council receive the accounts paid during January 2012 totalling $936,585.29 as detailed in Attachment: 12.4.4(1).

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


20

 ATTACHMENT

 

12.6.1        Proposed Land Dedication Crouch Street Manjimup      

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Crouch Street, Manjimup

WARD:

Central

ZONE:

Industry

DIVISION:

Works & Services

FILE REFERENCE:

WRK12/1

LEGISLATION:

Land Administration Act 1997

AUTHOR:

Jade DeCampo

DATE OF REPORT:

3/02/2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

Across the Shire of Manjimup there are a number of instances where constructed roads are found to be outside formal road reserves. Council has adopted a policy and set aside funds on an annual basis for the correction of these anomalies as they are brought to attention. In this case Crouch Street has been constructed though Reserve 39599 outside of a road reserve. As shown on the attached map.

ATTACHMENT: 12.6.1 (1)

 

This particular issue was identified by the State Government agency, Regional Development and Lands (‘RDL’), who have requested Council bringing the issue to resolution through a road dedication process.  RDL have also requested that Council progress a road closue over the section of unmade road.

 

PUBLIC Consultation Undertaken:

A letter has been sent to both properties adjacent to the current road reserve asking if the road closure will affect their business. Both properties have confirmed a ned to retain the old road reserve (i.e. unmade road).

 

COMMENT (Includes Options):

Investigations have revealed that the road reserve proposed to be closed serves a vital purpose to both the adjacent businesses. To advert any adverse impact on the adjacent businesses it is proposed to leave the road reserve as is and create another road reserve where the road is actually situated.

 

This process is purely a administrative formality, with nothing changing on site. In this case, Council’s role is to commence the process through a resolution to dedicate that land as road and by resolving to indemnify the relevant Minister against any claims.  The administration process will be completed by RDL.

 

With regard to the indemnification, this is a requirement of the Land Administration Act 1997, and is an ordinary part of the process.  Notably, the subject section of road is already situated on Council controlled land, so the indemnity will realistically serve no purpose. 

 

It is recommended that Council do not initiate road closure and resolve to dedicate the land over the subject section of road.

 

STATUTORY ENVIRONMENT:

Land Administration Act 1997, sections 56 (dedication of roads) and 58 (road closure).

 

Policy / Strategic Implications:

This matter comes under Council Policy 9.1.11 “Land Acquisition and Road Boundary Adjustments” which covers instances where constructed roads are found to be outside formal road reserves. The policy establishes guidelines and procedures for dealing with land acquisitions and road boundary adjustment issues when they are brought to the attention of the Shire.

 

Financial Implications:

Nil

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.  Request the Minister to dedicate the land required from Lot 769 Franklin Street (Reserve 39599) as road, as shown on attachment 12.6.1(1); and

2.  Indemnify the Minister against any claim for compensation as required under section 56(4) of the Land Administration Act 1997.


 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25202

That Council:

1.  Request the Minister to dedicate the land required from Lot 769 Franklin Street (Reserve 39599) as road, as shown on attachment 12.6.1(1); and

2.  Indemnify the Minister against any claim for compensation as required under section 56(4) of the Land Administration Act 1997.

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


23

 ATTACHMENT

 

12.6.2        Award of Tender 1-11, Provision of Traffic Management Services      

 

PROPONENT

Shire of Manjimup

OWNER

 

LOCATION / ADDRESS:

Whole of Shire

WARD:

 

ZONE:

 

DIVISION:

Works and Services

FILE REFERENCE:

RFT1-11

LEGISLATION:

Local Government Act 1995, Occupational Safety and Health Act 1984

AUTHOR:

Simon Patterson

DATE OF REPORT:

17 February 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

As part of its responsibility to maintain a safe work place Shire utilises road traffic management signage and qualified traffic management personnel on its worksites. The Shire’s own staff crew partially covers this function, however, contractors are also required, particularly during larger construction projects where Shire staff are needed to operate machinery, and where multiple projects are being completed. During the 2010/11 financial year, the Shire of Manjimup engaged contractors to assist with traffic management services to a value of $91,250.

Regulation 11(1) of the Local Government (Functions and General) Regulations 1996 determines that tenders must be sought for contracts worth greater than $100,000. As the Shire is undertaking a significant works programme this year, it is projected that the value of traffic management services may well exceed $100,000. Tenders were therefore called for suitable organisations to provide this service for a two year period with a possible extension of one further year.

This report summarises the tender submissions received and recommends a suitable supplier of traffic management services.

 

PUBLIC Consultation Undertaken:

Tenders were advertised in the West Australian and on Council’s website on Wednesday 8 February 2012. Tenders closed at 10am on Wednesday 22 February 2012.

 

COMMENT (Includes Options):

Tenders were received from Traffic Force, Quality Traffic Management and GasIt Pipe Contracting. Tenders were scored by a selection panel of two Council officers against the following criteria:-

 

Criteria

Weighting

Demonstrated quality of previous similar service

40%

Availability of resourcing to provide service

20%

Tendered price

40%

 

For assessment, tendered cost rates were multiplied by an estimated annual usage pattern to determine an estimated tendered price. As no tenderer was based within the Shire of Manjimup, Council’s Local Price Preference Policy does not apply.

Assessed tender prices for provision of the service for two years are as follows:-

No

Name

Location

Assessed price (incl GST)

1

Traffic Force

Bunbury

$230,576.80

2

Quality Traffic Management

Maddington

$252,675.88

3

GasIt  Pipe Contracting

Bunbury

$261,500.80

 

Details regarding the scoring of each tenderer is contained in the attachment

ATTACHMENT: 12.6.2(1)

 

A summary of tender submissions is as follows:-

Traffic Force

Traffic Force is based in Bunbury. Traffic Force has demonstrated a high degree of safety compliance via a detailed quality assurance system. Referees for Traffic Force indicate that they provide a high quality service with suitable flexibility and resourcing available for scheduled construction work and emergency callouts. Traffic Force is assessed as being a suitable contractor to undertake this contract.

Traffic Force submitted the lowest tender price.

Quality Traffic Management (QTM)

Quality Traffic Management (QTM) is a large organisation who has indicated it would set up a depot within an estimated 1 hour drive from Manjimup if it was the successful tenderer. QTM has demonstrated a high degree of safety compliance via a detailed quality assurance system. QTM has also been assessed as providing a high quality service with suitable flexibility and resourcing available for scheduled construction work and emergency callouts. QTM is assessed as being a suitable contractor to undertake this contract.

Gasit Pipe Contracting

Gasit Pipe Contracting is based in Bunbury. Gasit has demonstrated a high degree of safety compliance via a detailed quality assurance system. Gasit has provided this service to the Shire of Manjimup and has consistently demonstrated  that they provide a high quality service with suitable flexibility and resourcing available for scheduled construction work and emergency callouts. Gasit is assessed as being a suitable contractor to undertake this contract.

Final Scoring

As all tenderers have been assessed as being well suited to providing traffic management services, the recommended tenderer is Traffic Force as it submitted the lowest tendered price.

STATUTORY ENVIRONMENT:

Local Government  Act 1995, Local Government (Functions and General) Regulations 1996, Occupational Safety and Health Act 1984.

 

Policy / Strategic Implications:

N/A

 

Financial Implications:

Existing construction and related budgets are utilised to engage traffic management services.  The utilisation of traffic management contractors enables the Shire to maintain a smaller permanent workforce, resolving issues of over-resourcing over the maintenance only season (i.e. winter).

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

 

 

VOTING REQUIREMENTS:                  SIMPLE majority

 

 

Officer Recommendation:

 

That

1.   Council awards Tender 1-11 “Provision of Traffic Management Services” to TMSW Pty Ltd (trading as Traffic Force) at an estimated value of $230,576.80 (including GST) for a period of two years.

2.   Authorises the Chief Executive Officer to extend this contract for a further one year as determined appropriate by the Chief Executive Officer.


 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25203

That

1.   Council awards Tender 1-11 “Provision of Traffic Management Services” to TMSW Pty Ltd (trading as Traffic Force) at an estimated value of $230,576.80 (including GST) for a period of two years.

2.   Authorises the Chief Executive Officer to extend this contract for a further one year as determined appropriate by the Chief Executive Officer.

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


27

 ATTACHMENT

 

12.8.2        Manjimup Historical Society Request for Temporary Occupation of the Manjimup Timber and Heritage Park Roundhouse.      

 

PROPONENT

Manjimup Historical Society

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

DATE OF REPORT:

20 February 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

The Manjimup Historical Society (the Society) has requested Council to consider granting temporary approval to relocate their headquarters into the Round House at the Manjimup Timber and Heritage Park (the Park), until new premises has been determined within the Park as part of the current planning activity being undertaken for the SuperTown Project and World of Energy.

 

Council at its meeting of 19 January 2012 moved to defer a decision on this request to allow adequate time for staff to:

“... better evaluate the implications to occasional hirers and the rationalisation of buildings under the SuperTown planning currently underway’.

 

By way of background the Society presently have a peppercorn lease over the ‘old Police Station’ located in the Hamlet within the Park.  The Society have a strong synergy with the Park taking on a curatorial and custodian role of the majority of historical exhibits within the Park; in addition the Society play a central role in the preservation and conservation of historical archival material for Manjimup and the District.  The space available for general meetings, library, archives, storage and restoration is at capacity and the opportunity for display and exhibit of items of historical significance is nil.  Critically the limited meeting space impacts on the opportunity to grow the active member base of the Society.

 

The iconic mud brick and timber building referred to as the Round House, located on the south side of the Park has been closed to the general public for the past decade when the Visitor Centre relocated to the town centre.  Opportunities to maximise the use of the unique timber structure and identify an appropriate use for the building has been unsuccessful, largely due to budget constraints.  Over the past few years the building has become increasingly popular as a unique function space for a variety of events, meetings and private functions with 62 bookings in 2011 and 112 currently booked for 2012.   It should be noted that 2010 and 2011 bookings were deliberately limited due to the then proposed World of Energy redevelopment.

 

The purpose of this report is to further evaluate the proposition to enable Council to make an informed decision on the request by the Society.

 

PUBLIC Consultation Undertaken:

·    Manjimup Timber and Heritage Park Advisory Committee 

·    Consultation between the Warren Arts Council and Historical Society representatives.

 

COMMENT (Includes Options):

In 2011 the Round House was booked on 62 occasions. The table below gives a general summary of the 2011 bookings. 

 

Round House 2011 Actual Hire Summary

 

Description

Bookings

%

Hours

$ Value

Warren Arts Council

29

46.5

93

310

Shire of Manjimup

8

13

24

0

Children’s Birthday Parties

5

8

20.5

249

Cherry Harmony Festival

5

8

40

120

Historical Society

4

7

14

0

Warren Renewable Energy Group

3

5

11

35.25

Jobs South West

2

3

8

19.90

Walgenup

2

3

10

30.75

Other

4

6.5

19

134.25

Total Hire Revenue

62

100%

239.5

$899.15

 

As can be seen by the table the Warren Arts Council is the most regular hirer, generally being for a short two hour music session on a Monday morning.  Parents will often book the Round House as an inclement weather back up for children’s birthday parties in the Park itself.  The Photographic group hold a 5 day exhibit in conjunction with the annual Cherry Harmony Festival and remaining bookings are generally for public meetings and smaller functions.  Requests to hold 18th and 21st Birthday parties are limited by the strict alcohol related bond conditions.  Larger private function requests, such as weddings, are made but have been limited in the past two years due to the uncertainty of the venue being available due to pending redevelopment proposals.

 

As can be seen by the table below bookings for the Round House in 2012, as of 21 February 2012, have increased largely as a result of an escalation in bookings by the Warren Arts Council, Manjimup Historical Society and an extended booking by Jobs South West in April/May.   Based on past hire activity it is also likely that new bookings will continue to occur throughout the year.

2012 Actual and Proposed Hire - Round House (as at 21 Feb 2012)

 

MONTH

Shire of

Warren Arts

Other

Historical

Total

 

Manjimup

Council

 

Society

 

January

0

1

3

1

5

February

3

4

2

1

10

March

1

4

9

1

15

April

1

4

9

1

15

May

0

5

10

1

16

June

1

5

8

1

15

July

0

4

2

1

7

August

1

5

0

1

7

September

0

5

0

1

6

October

1

4

0

1

6

November

0

4

0

1

5

December

1

3

0

1

5

TOTAL

9

48

43

12

112

 

 

Historical Society – Proposal based on Shared Use

The Society’s proposal is to section off the Round House with purpose built temporary screens and fixtures to enable better management of the space, it is proposed that the majority of the space will remain for the purpose of function/exhibit/entry area.  A draft concept of the proposal is attached.  A limitation of the proposal is that the area screened on a permanent would include the small kitchen, internal ablutions and storage room, however the Society have advised that they are happy to consider alternatives.  Public amenities do adjoin the facility externally but limiting kitchen access may prove to be problematic.

ATTACHMENT: 12.8.2 (1)

 

Society representatives have discussed their proposal with Warren Arts Council representatives and amicably agree that there would be no conflict of use.  The Society do note that the Round House has become an increasingly popular venue for hire and argue that the majority of existing hirers would still be compatible users in a shared facility. 

 

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 increasingly be open for viewing by the general public.  It will also provide for the improved management of the Districts valuable historical material.

 

As discussed, the Society and the space are more than able to support a shared use opportunity; in saying this Council needs to be comfortable in the reality that some hirers will not be accommodated.  

 

Alternative Venue Options

There are a wide variety of alternative meeting and function space options provided by: the Shire of Manjimup, private and community sector and other government agencies none of which are presently booked to capacity.  Examples of venues include:  the Gallery, Community Centre Meeting Rooms; AquaCentre, Karate Hall, Town Hall, Community Halls, Country Club, Sporting Clubs, Parish Centre, District Education Board Room, Volunteer and Resource Centre; Family Centre demountable and Top Notch Cafe.

 

Hirers disadvantaged will be those such as children’s parties and functions which are actually seeking the Park environment as their main basis for hire, but often book the Round House as an inclement weather backup.

 

Manjimup Historical Society – Synergy with the Timber and Heritage Park

The Society is inherently linked to the Park, indeed with limited staff resources and expertise to manage the Park and its collections, shire staff rely quite heavily on the advice and assistance of the Society members and volunteers.  The Society also carries out regular busy bees, maintaining the village and museum exhibits and provides significant curatorial and interpretive advice.  A conservative estimate of the value of the volunteer work undertaken by the Society in the Park is around $20,000 annually. 

 

The old Police Station, the current Society headquarters, no longer meets the needs of the group or the storage space requirements of the significant amount of historical archives and items that the Society have responsibility for.  It would be to the Shires disadvantage if the Historical Society made a decision to find larger headquarters outside of the Park.

 

The Society are endeavouring to grow membership to ensure the ongoing engagement of the community in the preservation and conservation of significant historical archives and collections; however their current headquarter severely limits their capacity to physically grow their membership base and the activities undertaken.

 

The Society has already commenced preliminary discussions with Lotterywest who have indicated that the temporary screens and display stands would be eligible for consideration for grant funding subject to their design supporting relocation to new premises. 

 

SuperTown and World of Energy planning considerations.

Over a number of years there has been extensive debate and discussion about the Park, its future development and most significantly the Round House and opportunities to enable public access for viewing the building and to define an entry into the Park. 

 

The Round House, irrespective of what the end function may be, will clearly have a pivotal role in any redevelopment proposal.   The World of Energy and current SuperTown planning processes have examined the many opportunities the Round House may offer to future redevelopment.  It is highly unlikely that future proposals will entail the location of the Society Headquarters in the Round House.  All proposals do however recognise the importance of retaining the Society headquarters within the Park and have endeavoured to identify suitable locations.

 

Society representatives have been heavily involved in all consultations pertaining to both the SuperTown planning process for the Park and World of Energy proposal.  As such the Society acknowledges that approval to relocate their headquarters to the Round House would be on a temporary basis only and subject to the outcomes of the SuperTown planning and approval process.

 

The real issue here is whether Council is prepared to grant temporary use of the Round House or continue to defer a decision until the SuperTown plans have been considered by the government.  The period of time pending a decision on the Park and Round House is unknown.  The Society has already deferred their request to relocate their headquarters to the Round House when the World of Energy announcement was originally made. 

 

Conclusion

The Society plays an invaluable role within the Park and in the preservation and conservation of our districts historical archives and exhibits and as such supporting their longer term growth and sustainability is important and of significant benefit to the broader community.

 

The iconic and unique Round House whilst significantly underutilised and permanently closed to the general public for viewing provides an increasingly popular venue for private and public functions, events and activities.  As such the retention of the facility for hire purposes is also of benefit to the community.

 

The proposal by the Society to relocate their headquarters is not exclusive to the use of the venue by others. Their proposal is on a shared basis and has the capacity to accommodate most of the current hirers, with alternative venues being available within the community for those hirers who may not be accommodated. 

 

Support of the request by the Society is recommended by staff, however this is subject to further consideration as to how to best manage the space within the Round House maximise access to amenities within the building.

 

STATUTORY ENVIRONMENT:

Nil

 

Policy / Strategic Implications:

Manjimup Timber and Heritage Pak Management and Development Plan

 

1.5.1   Provide safe storage for historic records and locate a publicly accessible database of the region’s history in the Park.

 

            Significant outcomes of the plan recommendations include:

·    Managing and developing the heritage collection and exhibits.

·    Sourcing interpretive materials and artifacts for any new exhibits.

·    Liaising with historians, designers and local history holders,

·    Overseeing the creative development of new exhibits and displays.

·    Managing the current heritage collection and archives.

.

Shire of Manjimup Strategic Plan:

Objective 8:  The community is aware of the challenges faced by the Shire and strategies being pursued.

·    6. Encourage and assist community groups to develop their own capacity

                            

SuperTown Growth Plan Documentation - Business Case Application.

 

Financial Implications:

The relocation of the Society headquarters into the Round House may result in the loss of some hire revenue.  The potential loss is unquantifiable, total revenue for 2011 was $899, birthday parties represented $249 or 27% of the total income.  The Warren Arts Council are the biggest user and represent nearly 50% of all bookings, it is envisaged that this use would continue.

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Society plays a significant role in the preservation and conservation of the districts valuable history.  Improved headquarters will improve the security of historical materials and longer term sustainability of the Society membership base.  A multi function option for hirers of the Round House will ensure the popular facility remains available for community use.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.   Issues a “licence to occupy” to the Manjimup Historical Society to relocate their headquarters, on a temporary basis, to the Round House subject to:

a) Staff being satisfied that the division of space optimises access to amenities by all hirers.

b) Exhibits located within the multifunction area being designed to ensure that hirers can still adequately utilise the space.

c) The Society formally acknowledging that the arrangement is temporary and subject to pending redevelopment proposals.

d) The decision being reviewed in December 2012.

2.   Instruct staff to review all bookings for the Round House in 2012 advising hirers of the proposal and ensuring that any impact on existing hirers is minimal.

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25204

That Council:

1.   Issues a “licence to occupy” to the Manjimup Historical Society to relocate their headquarters, on a temporary basis, to the Round House subject to:

a) Staff being satisfied that the division of space optimises access to amenities by all hirers.

b) Exhibits located within the multifunction area being designed to ensure that hirers can still adequately utilise the space.

c) The Society formally acknowledging that the arrangement is temporary and subject to pending redevelopment proposals.

d) The decision being reviewed in December 2012.

2.   Instruct staff to review all bookings for the Round House in 2012 advising hirers of the proposal and ensuring that any impact on existing hirers is minimal.

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


34

 ATTACHMENT

 

12.14.1      Minutes of the Northcliffe Town Hall Management Committee Meeting held 16 January 2012.      

 

PROPONENT

Northcliffe Town Hall Management Committee

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Northcliffe Town Hall, Zamia Street, Northcliffe.

WARD:

Coastal

ZONE:

Town Centre

DIVISION:

Statutory Services

FILE REFERENCE:

PRO/1

LEGISLATION:

Local Government Act 1995

AUTHOR:

Kim Nolan

DATE OF REPORT:

6/02/2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

The purpose of this item is to present the Northcliffe Town Hall Management Committee’s unconfirmed minutes of the 16 January 2012 meeting - in attachments.

ATTACHMENT: 12.14.1 (1)

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

There are no recommendations from the meeting requiring a decision of Council other than to note that Mrs S. Jones was re elected unopposed as the Presiding member of the Northcliffe Town Hall Management Committee.

 

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 receive the Northcliffe Town Hall Management Committee’s unconfirmed minutes of 16 January 2012 in Attachment: 12.14.1.(1).

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25205

That Council receive the Northcliffe Town Hall Management Committee’s unconfirmed minutes of 16 January 2012 in Attachment: 12.14.1.(1).

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


36

 ATTACHMENT

 

12.14.2      Minutes of the Northcliffe Forest Park Management Committee Meeting held 18 January 2012      

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Northcliffe Forest Park

WARD:

Coastal

ZONE:

N/A

DIVISION:

Works – Park Operations

FILE REFERENCE:

TPL6/26

LEGISLATION:

Local Government Act 1995

AUTHOR:

Nicole Booth

DATE OF REPORT:

6/02/2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

Minutes of the Northcliffe Forest Park Management Committee Meeting held 18 January 2012 are attached.

ATTACHMENT: 12.14.2(1)

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

The Minutes for the meeting 18 January 2012 contain one resolution.

 

Resolution

Officer’s Comment

That the committee concentrate on signage within the park and that signage in town be addressed at a later date.

This will be dealt with administratively.  It should be noted that works outside the Northcliffe Timber Park fall outside of the terms of reference of the committee, including external signage.

 

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 Northcliffe Forest Park Management Committee meeting for 18 January 2012 in Attachment: 12.14.2(1).

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25206

That Council accept the minutes of the Northcliffe Forest Park Management Committee meeting for 18 January 2012 in Attachment: 12.14.2(1).

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 


38

 ATTACHMENT

 

12.15.1      Minutes of the Marketing Advisory Committee Meeting held 9 February 2012      

 

PROPONENT

Whole of Shire

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Whole of Shire

WARD:

N/A

ZONE:

N/A

DIVISION:

Corporate Management

FILE REFERENCE:

CNL 29

LEGISLATION:

N/A

AUTHOR:

Gaye Burridge

DATE OF REPORT:

15 February 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

 

Background:

Attached are the minutes of the Marketing Advisory Committee meeting held 9 February 2012.

ATTACHMENT: 12.15.1(1)

 

Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

There were no recommendations requiring a decision of Council.  All other matters were dealt with administratively within the parameters of the Marketing Strategy for the Shire Manjimup adopted by Council on the 30 September 2010.

 

STATUTORY ENVIRONMENT: 

Nil

 

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 Marketing Advisory Committee meeting held 9 February 2012 as per Attachment: 12.15.1(1).

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Tapley, D

 

25207

That Council accept the minutes of the Marketing Advisory Committee meeting held 9 February 2012 as per Attachment: 12.15.1(1).

 

ADOPTED BY EN BLOC RESOLUTION: 11/0

 

 


40

 ATTACHMENT

 

12.1.1        Proposed Industry - Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup      

 

PROPONENT

MS Ingram

OWNER

MS Ingram

LOCATION / ADDRESS:

Lot 5 Ipsen Street, Manjimup

WARD:

Central

ZONE:

Residential

DIVISION:

Statutory Services

FILE REFERENCE:

P54833

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Kaylene Roberts

DATE OF REPORT:

30 January 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Council is asked to consider an application for Industry – Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup.

 

The property is zoned ‘Residential’ by the Shire of Manjimup Local Planning Scheme No 4 (the Scheme).  A location plan and site plan provided by the proponent are attached.

ATTACHMENT: 12.1.1(1)

 

The Industry – Cottage (Woodwork and Furniture Restoration), the subject of this application, will involve the production of small wooden products as well as furniture and antique furniture restoration.

 

A copy of the letter from the proponent outlining the proposed cottage industry is attached.

ATTACHMENT: 12.1.1(2)

 

The proponent is proposing to operate a small ‘Industry – Cottage’ from an outbuilding (6m x 4m) located at the rear of the property.  All products will be produced on site and distributed by the proponent.  The antique furniture and furniture for restoration will be picked up and delivered back by the proponent so there is no public visiting the property. 

 

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Scheme for a 14 day period to the Central Ward Councillors, adjoining landowners, FESA and Water Corporation.  The closing date for submissions was 25 January 2012.  The application was also advertised in the Manjimup Bridgetown Times for 1 week.

 

One submission was received as a result of the advertising period.  The submitter has no objection to the proposal and would like to be notified if the operation escalates in size.  Water Corporation telephoned and they also have no objections to the proposal.  The submission is attached.

 

ATTACHMENT: 12.1.1(3)

 

COMMENT (Includes Options):

In the Scheme Industry – Cottage is listed as an ‘A’ use which means the use is not permitted unless the local government has advertised the application in accordance with Clause 9.6 of the Scheme and discretionary approval granted.

 

In Schedule 1 of the Scheme, Industry – Cottage means:

 

“....... a trade or light industry producing arts and crafts goods which does not fall within the definition of a home occupation and which;

a)    does not cause injury to or adversely affect the amenity of the neighbourhood;

b)    where operated in a residential zone, does not employ any person other than a member of the occupier’s household;

c)    is conducted in an outbuilding which is compatible with the principle uses to which land in the zone in which it is located may be put;

d)    does not occupy an area in excess of 50m²; and

e)    does not display a sign exceeding 0.2m² in area.

 

The subject application has been assessed against the above definition and is considered to comply with the objectives as detailed below:

 

Amenity

 

The application for Industry – Cottage meets the above as it will not adversely affect the amenity of the neighbourhood as the operation will be of a small scale and will not be using noisy machinery other than a small wood lathe, drill press and hand tools.

 

The site of the proposed Industry – Cottage is located within a Residential area and it would be prudent to place a limit on the hours of operation in the event Council grants Planning Approval.  The proponent has not stated the hours of operation but it would be assumed that the hours of operation would be 7.00am to 6.00pm Monday to Saturday and 9.00am to 5.00pm on Sundays and Public Holidays.

 

Noise that may emanate from the Industry – Cottage needs to be no greater than that specified under the Environmental Protection (Noise) Regulations 1997.  If in the event the noise exceeds the prescribed limits, the applicant will be liable for prosecution under these regulations.

 

Employment

 

The proponent has stated that the Industry – Cottage will not be employing any person or persons other than himself or a member of the family.  Therefore the Industry – Cottage will operate within the parameters of the Scheme.

 

Area

 

The Industry – Cottage is proposed to be carried out in an outbuilding (6m x 4m) situated at the rear of the property with a total floor area of 24m² to be used.  Therefore, the proposed land use is not proposed to occupy an area of greater than 50m² as required by the Scheme.

 

Retail Sale, Display or Hire of Goods

 

The proposed Industry – Cottage is proposed to be low-key and all products produced will be distributed by the proponent through visitor centres and wood craft galleries.  There will be no retail sale, display or hire of goods from the subject property.

 

Signage and Parking

 

As all products produced from the subject property will be distributed out to the retail/tourism sector by the proponent, there is no need for public access, parking facilities or signage.  All furniture for restoration and antique restoration will be picked up and delivered by the proponent.  Therefore the proponent meets the requirements of the Scheme.

 

A time limited approval allows the Shire to reconsider the application each year and reassess it if any objections or concerns are raised during its operation.  If concerns are raised that the use is more commercial than initially implied, the Shire holds the right to refuse to renew the application.

 

Given the above, it is recommended that the application be approved subject to conditions.

 

STATUTORY ENVIRONMENT:

Planning and Development Act 2005;

Shire of Manjimup Local Planning Scheme No 4

 

Policy / Strategic Implications:

There is no policy relating to Industry – Cottage.

 

Financial Implications:

Nil

 

Sustainability:

Environmental: Noise may have an environmental impact on the surrounding residential area.  It is considered that the Industry – Cottage can operate within the residential area given its noise characteristics are likely to be within acceptable parameters.

Economic: The Industry – Cottage will have an economic impact on the Shire of Manjimup with the production and sale of the woodwork and the restoration of furniture.

Social: The development will have little social impact upon the immediately surrounding area.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant planning approval for the Industry – Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup subject to the following conditions:

1.   This planning approval is granted for a period expiring on 30th June 2013 only after which period the use shall cease unless a new planning application submitted prior to the expiration of this period seeking approval for the Industry – Cottage to be continued for a further period has been submitted to and approved by the Local Government. (Planning and Sustainability)

2.   The Industry – Cottage is not to employ any person or persons other than the proponent or family member. (Planning and Sustainability)

3.   The area to be used for the Industry – Cottage is not to exceed 50m² in size. (Planning and Sustainability)

4.   No sign to be displayed on the subject site that exceeds of 0.2m² in size.

5.   The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’. (Environmental Services)

6.   There is to be no retail sale, display or hire of goods relating to the Industry – Cottage from the subject property. (Planning and Sustainability)

7.   The hour’s operation of the proposed use shall be limited to the periods between 7.00am – 6.00pm Monday to Saturday and 9.00am to 5.00pm Sundays and Public Holidays. (Planning and Sustainability)

 

 

Moved: Jenkins, D          Seconded: Taylor, R

 

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant planning approval for the Industry – Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup subject to the following conditions:

1.   This planning approval is granted for a period expiring on 30 June 2013 only after which period the use shall cease unless a new planning application submitted prior to the expiration of this period seeking approval for the Industry – Cottage to be continued for a further period has been submitted to and approved by the Local Government. (Planning and Sustainability)

2.   The Industry – Cottage is not to employ any person or persons other than the proponent or family member. (Planning and Sustainability)

3.   The area to be used for the Industry – Cottage is not to exceed 50m² in size. (Planning and Sustainability)

4.   No sign to be displayed on the subject site that exceeds of 0.2m² in size.

5.   The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’. (Environmental Services)

6.   There is to be no retail sale, display or hire of goods relating to the Industry – Cottage from the subject property. (Planning and Sustainability)

7.   The hour’s operation of the proposed use shall be limited to the periods between 7.00am – 6.00pm Monday to Saturday and (Planning and Sustainability)

MOTION lost 4/7

FOR

AGAINST

Cr T Fahey

Cr D Bavich

Cr D Jenkins

Cr C Chodorowski

Cr J Jones

Cr R Curo

Cr R Taylor

Cr L Daubney

 

Cr W DeCampo

 

Cr S Karamfiles

 

Cr D Tapley

 

COUNCIL RESOLUTION:

 

Moved: Karamfiles, S      Seconded: Daubney, L

 

25208

That Council in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant planning approval for the Industry – Cottage (Woodwork and Furniture Restoration) at Lot 5 Ipsen Street, Manjimup subject to the following conditions:

1.   This planning approval is granted for a period expiring on 30 June 2013 only after which period the use shall cease unless a new planning application submitted prior to the expiration of this period seeking approval for the Industry – Cottage to be continued for a further period has been submitted to and approved by the Local Government. (Planning and Sustainability)

2.   The Industry – Cottage is not to employ any person or persons other than the proponent or family member. (Planning and Sustainability)

3.   The area to be used for the Industry – Cottage is not to exceed 50m² in size. (Planning and Sustainability)

4.   No sign to be displayed on the subject site that exceeds of 0.2m² in size.

5.   The proposed operation is required to comply with the ‘Environmental Protection (Noise) Regulations, 1997’. (Environmental Services)

6.   There is to be no retail sale, display or hire of goods relating to the Industry – Cottage from the subject property. (Planning and Sustainability)

7.   The hour’s operation of the proposed use shall be limited to the periods between 7.00am – 6.00pm Monday to Saturday and 9.00am to 5.00pm Sundays and Public Holidays. (Planning and Sustainability)

MOTION carried 7/4

 

FOR

AGAINST

Cr D Bavich

Cr T Fahey

Cr C Chodorowski

Cr D Jenkins

Cr R Curo

Cr J Jones

Cr L Daubney

Cr R Taylor

Cr W DeCampo

 

Cr S Karamfiles

 

Cr D Tapley

 

 


46

 

Councillor Jamie Jones declared a Proximity Interest in this item as he resides at a neighbouring property.  Councillor Jones did not speak or vote on the matter and left the Chambers at 7.05pm.

ATTACHMENT

APPENDIX

 

12.1.2        Proposed Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup      

 

PROPONENT

H Van de Werdt - Panzich

OWNER

H Van de Werdt – Panzich

LOCATION / ADDRESS:

Lot 59 Highfield Street, Manjimup

WARD:

Central

ZONE:

Residential R20

DIVISION:

Statutory Services

FILE REFERENCE:

P52365

LEGISLATION:

Planning and Development Act 2005

AUTHOR:

Kaylene Roberts

DATE OF REPORT:

6 February 2012

DECLARATION OF INTEREST:

The applicant is a casual employee of the Shire of Manjimup

SIGNATURE:

 

 

 

Background:

Council is asked to consider a planning application for a Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup.

 

The site has an area of 1549m² and is zoned ‘Residential’ under Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) with a density code of ‘R20’.  Location, site plans and photos are attached.

            ATTACHMENT: 12.1.2(1)

 

The proponent is seeking to use an existing outbuilding, which is located at the rear of the subject property, as a Yoga Studio.  The details of the proposed Yoga Studio are outlined below:

§ classes will be operated by the owner of the residence located on the subject property;

§ will occupy an area of approximately 42m²;

§ will not involve the retail sale, display or hire of goods of any nature;

§ it will accommodate a maximum of 12 persons in each class;

 

The proposed management details are attached.

ATTACHMENT: 12.1.2(2)

 

This was previously presented to Council for consideration on 28 July 2011, where Council gave a temporary planning approval for six (6) months.  This has now lapsed hence the new application.

APPENDIX: 12.1.2(A)

 

When the item was presented to Council, the Councillors amended the Officers recommendation and gave the following reasons for the temporary planning approval:

·   Times avoid potential clash with neighbours.

·   Area can get busy with duration of school.

·   Multiple sessions could increase car movements.

·   Proponent states if successful would move to commercial area.

·   End of January enough indication of commercially viable, could relocate.

·   Avoided being prescriptive.

·   Low Initial set up costs.

 

Accompanying the planning application is a letter from the proponent as well as a letter of support from a Social Worker and is attached.

ATTACHMENT: 12.1.2(3)

 

The proponent states that during the six (6) months of operation she has been hosting three (3) classes per week with one of these classes being a private class for a group in the care of a Social Worker.  The proponent’s intention is to continue the current classes from the subject site with a further request to provide an additional class at an earlier time of 7.00am rather than 9.00am on Saturday mornings which is the time stated in the previous approval.

 

The proponent’s future intention is to provide support for private and corporate groups in the Warren Blackwood area and is currently in negotiations with a local organisation to host classes for people with disabilities to help improve their outlook on personal growth, health and wellbeing.

 

PUBLIC Consultation Undertaken:

The subject application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to the Central Ward Councillors and nine adjoining landowners.  The closing date for submissions was 3 February 2012.  The application was advertised in the Manjimup Bridgetown Times for one week and a sign placed on the subject property.

 

At the time of writing this report no submissions had been received.

 

COMMENT (Includes Options):

A ‘Home Business’ is classed as an ‘A’ use within the Scheme which is defined as follows:

 

“... means a business, service or profession carried out in a dwelling or on land around a dwelling by an occupier of the dwelling which –

 

a)   does not employ more than 2 people not members of the occupiers household;

b)   will not cause injury to or adversely affect the amenity of the neighbourhood;

c)   does not occupy an area greater than 50 square metres;

d)   does not involve the retail sale, display or hire of goods of any nature;

e)   in relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, or does not involve the presence, use or calling of a vehicle more than 3.5 tonnes in tare weight; and

f)    does not involve the use of an essential service of greater capacity than normally required in the zone.

 

The subject application has been assessed against the above definition and is considered to comply with the objectives as detailed below;

 

Employment

The proponent has stated that the proposed Yoga Studio will be operated without the need for any employees other than the owner of the residence that is located on the subject site.  Therefore, the Yoga Studio will operate within the parameters of the Scheme.

 

Amenity

In terms of amenity, the impact of the development on the neighbourhood has been considered.

 

The site of the proposed Yoga Studio is located within a Residential area and it would be prudent to place a limit on the hours of operation in the event Council grants Planning Approval.  As stated in the previous approval the proposed hours of operation would be as for the Gymnasium (Stokey’s Gym) at Lot 254 Karri Street, Manjimup which was granted Planning Approval on 20 January 2011.  The hours of operation were limited to the periods between 6.00am to 8.00pm Monday to Friday, 6.00am to 6.00pm Saturdays and 7.00am to 6.00pm Sundays and Public Holidays.

 

Council gave an approval for six (6) months for the Yoga Studio to operate and in this time there have been no complaints received.  The hours of operation shall be limited to 6.00am to 8.00pm Monday to Friday and 9.00am to 1.00pm on Saturdays.  The proponent is currently operating 3 classes per week – 1 class from 6.00am one day per week, a beginner’s class on Saturday mornings and a private class for a group in the care of a Social Worker. 

 

The impact of noise emanating from the proposed Yoga Studio into the surrounding residential properties is acknowledged.  Whilst it is not expected to be a problem, if noise emitted from the Yoga Studio becomes an issue, there is provision under the Environmental Protection (Noise) Regulations 1997 to handle the matter.

 

Area

The Yoga Studio occupies an area of 42m² of an existing outbuilding located at the rear of the subject property.  Therefore, the proposed land use is not proposed to occupy an area of greater than 50m² as required by the Scheme.

 


Retail Sale, Display or Hire of Goods

The operation of the Yoga Studio does not propose to offer the sale, display or hire of goods of any nature stipulated within the definition of a Home Business under the Scheme.

 

Vehicles and Parking

It is noted that the applicant has indicated onsite parking at the rear of the dwelling to accommodate clients participating in the proposed classes.  The car parking area is to be accessed from Highfield Street.  From a recent drive by inspection this crossover has not be constructed.  It is considered that the increased use of the access by the proposed Yoga Studio will create an unsightly dirt track over the verge as the existing grass wears from traffic and therefore, it is recommended that prior to occupation of the proposed Home Business a crossover be constructed to the satisfaction of the Local Government.

 

Clients attending the Yoga Studio will park their vehicles within the confines of the subject property.  The area measures approximately 410m² and is considered sufficient to accommodate the proposed 12 clients.  Parking within this area is proposed to be in an informal configuration on the existing grass.  The proponent is not proposing to have the area constructed or line marked.  The Yoga Studio is to be an ancillary use to the predominant residential function of the subject site.  Therefore, to ensure the proposed land use will not detract from the amenity of the surrounding residential area the car parking and manoeuvring space is not recommended to be constructed.

 

Council Policy LPP6.1.13 – Car Parking, would normally apply to commercial development.  However this development is residential and the home business is an ancillary use to the residential use of the property, therefore requiring the construction of the parking would be contra to the Residential Amenity requirements of the Residential Design Codes.

 

The Yoga Studio is considered to generate slightly more traffic movement than that currently experience presently on the subject site.  However, as no concerns have been raised as a result of the advertising period and all vehicles are proposed to be accommodated on site, the proposed Yoga Studio is not considered to create potential traffic difficulties within the subject area.

 

It is also considered that there will be no likelihood of a vehicle being parked on the site that exceeds 3.5 tonnes tare weight.

 

Use of Essential Services

It is considered that the Yoga Studio is not proposing to utilise an essential service such as power, water or the reticulated sewer system at a greater capacity than that currently provided to the subject site.

 

Given the above, it is recommended that the application be approved subject to conditions.

 

STATUTORY ENVIRONMENT:

Planning and Development Act 2005; and

Shire of Manjimup Local Planning Scheme No. 4

 

Policy / Strategic Implications:

The relationship of this application to the Scheme requirements of a Home Business is discussed in the comment section above.

 

Financial Implications:

Nil

 

Sustainability:

Environmental: The main environmental impact from this proposal is noise.  It is considered highly likely that the Yoga Studio can operate within a residential area given its noise characteristics are likely to be within acceptable parameters.

Economic: The application if approved will offer additional wellness activities in Manjimup.

Social: The Yoga Studio can operate in a manner that ensures there is no impact on surrounding residents.  The main concerns of noise and traffic can be appropriately addressed.

 

 

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 to the Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup in accordance with the submitted plans and specifications and subject to the following conditions:

a)   This planning approval is valid for a limited period only and will expire on the 30 June 2013 after which date the use shall cease, unless prior to that date an application is made to and approved by the local government after payment of the appropriate fee for the continuation of the use for an extended period. (Planning and Sustainability)

b)  The management details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government. (Planning and Sustainability)

c)   The hours of operation of the proposed use shall be limited to the periods between 6.00am – 8.00pm Monday to Friday, 6.00am – 6.00pm Saturdays and 7.00am – 6.00pm Sundays and Public Holidays. (Planning and Sustainability)

d)  The vehicular crossover between the subject land and Highfield Street is to be located, designed, constructed, sealed and drained to the satisfaction of the local government prior to occupation of the approved development. (Technical Services)

e)   All vehicles of clients attending the classes are to be parked within the confines of the subject property at all times. (Planning and Sustainability)

f)    No more than 12 persons are to attend classes held onsite at any one time. (Planning and Sustainability)

 

COUNCIL RESOLUTION:

 

MOVED: Jenkins, D                    CARRIED: Taylor, R

 

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval to the Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup in accordance with the submitted plans and specifications and subject to the following conditions:

a)   This planning approval is valid for a limited period only and will expire on the 30 June 2013 after which date the use shall cease, unless prior to that date an application is made to and approved by the local government after payment of the appropriate fee for the continuation of the use for an extended period. (Planning and Sustainability)

b)  The management details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government. (Planning and Sustainability)

c)   The hours of operation of the proposed use shall be limited to the periods between 7.00am – 6.00pm Monday to Saturday. (Planning and Sustainability)

d)  The vehicular crossover between the subject land and Highfield Street is to be located, designed, constructed, sealed and drained to the satisfaction of the local government prior to occupation of the approved development. (Technical Services)

e)   All vehicles of clients attending the classes are to be parked within the confines of the subject property at all times. (Planning and Sustainability)

f)    No more than 12 persons are to attend classes held onsite at any one time. (Planning and Sustainability)

MOTION LOST 2/8

 

FOR

AGAINST

Cr D Jenkins

Cr D Bavich

Cr R Taylor

Cr C Chodorowski

 

Cr R Curo

 

Cr L Daubney

 

Cr W DeCampo

 

Cr T Fahey

 

Cr S Karamfiles

 

Cr D Tapley

 

 

Moved: Bavich, D            Seconded: Chodorowski, C

 

25209

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants planning approval to the Home Business (Yoga Studio) at Lot 59 Highfield Street, Manjimup in accordance with the submitted plans and specifications and subject to the following conditions:

a)   This planning approval is valid for a limited period only and will expire on the 30 June 2013 after which date the use shall cease, unless prior to that date an application is made to and approved by the local government after payment of the appropriate fee for the continuation of the use for an extended period. (Planning and Sustainability)

b)  The management details which form part of the submitted application shall be implemented on an ongoing basis to the satisfaction of the local government. (Planning and Sustainability)

c)   The hours of operation of the proposed use shall be limited to the periods between 6.00am – 8.00pm Monday to Friday, 6.00am – 6.00pm Saturdays and 7.00am – 6.00pm Sundays and Public Holidays. (Planning and Sustainability)

d)  The vehicular crossover between the subject land and Highfield Street is to be located, designed, constructed, sealed and drained to the satisfaction of the local government prior to occupation of the approved development. (Technical Services)

e)   All vehicles of clients attending the classes are to be parked within the confines of the subject property at all times. (Planning and Sustainability)

f)    No more than 12 persons are to attend classes held onsite at any one time. (Planning and Sustainability)

MOTION carried 7/3

FOR

AGAINST

Cr D Bavich

Cr D Jenkins

Cr C Chodorowski

Cr S Karamfiles

Cr R Curo

Cr R Taylor

Cr L Daubney

 

Cr W DeCampo

 

Cr T Fahey

 

Cr D Tapley

 

 


53

 

 

Councillor Jones returned to the Chambers at 7.15pm.

ATTACHMENT

 

12.1.3        Endorsement of Preliminary Manjimup SuperTown Growth Plan      

 

PROPONENT

Shire of Manjimup

OWNER

 

LOCATION / ADDRESS:

Manjimup and Surrounds

WARD:

Central

ZONE:

 

DIVISION:

Statutory Services

FILE REFERENCE:

TPL 21

LEGISLATION:

Nil

AUTHOR:

Roy Winslow

DATE OF REPORT:

20/02/2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

The purpose of this report is to consider endorsement of the Preliminary Manjimup SuperTown Growth Plan prepared by RPS Consultants with assistance from Shire staff.

 

Council has been briefed on a number of occasions regarding various aspects of the SuperTown Growth Plan, including the business cases. A summary of the Preliminary Growth Plan is attached. The full version will be tabled at the Ordinary Meeting.

ATTACHMENT: 12.1.3(1)

 

The finalised Preliminary Growth Plan is due to be submitted by the consultants on 29 February. Therefore, the summary document attached to this report is subject to change.

 

The department of Regional Development of Lands require that Council resolve to endorse the Preliminary Growth Plan by the 6 March 2012.

 

PUBLIC Consultation Undertaken:

Development of the Preliminary Growth Plan has been supported by a wide range of consultation, an overview of which is attached.

ATTACHMENT: 12.1.3(2)

 

A major element of the SuperTown Project has been the formation of the Community Reference Group (CRG). The CRG is a formally-established advisory committee of Council. The CRG will be considering the Preliminary Growth Plan at its meeting scheduled for 22 February 2012 and will make a recommendation to Council on endorsement of the Plan. As the CRG meeting occurs after publication of this Agenda, the recommendation will be forwarded under separate cover.

 

COMMENT (Includes Options):

The Preliminary Growth Plan is the culmination of seven months of effort by the Shire, South West Development Commission (SWDC) and consultants RPS (Growth Plan) and AEC Group (Economic Development Plan).

 

The Preliminary Growth Plan is required to be lodged with the Department of Regional Development and Lands (RDL) on 6 March 2012. After this date, it will be assessed by a steering group comprising Directors General of a number of state agencies. This group will make recommendations to the Minister for Lands and Regional Development and Cabinet.

 

Lodgement of the Preliminary Growth Plan does not form the end of the project. Further refinement of the Plan will be required prior to final endorsement by Council and state government in the second half of 2012. Given this, Council is being asked to endorse the Preliminary Growth Plan in the knowledge that a final version will be tabled for Council consideration at a later date.

 

A related matter to the Preliminary Growth Plan is the individual projects the Shire will be submitting to RDL for first round funding. Business cases for these projects are currently being prepared by Shire staff. The business cases are to be submitted to RDL by 6 March 2012 for consideration of funding from the 2011-12 SuperTown budget.

 

Priority projects proposed under the SuperTown initiative for Manjimup are as follows:

·   Manjimup Agricultural Expansion Project;

·   Town Centre Revitalisation Project;

·   Manjimup Regional Airport Project; and

·   Develop and Promote an Aged-Friendly Town

In accordance with the general requirements of the SuperTown initiative, the above projects are to be allocated funding priority. 

 

STATUTORY ENVIRONMENT:

A SuperTown Growth Plan is not a statutory document in its own right. It seeks to build on, but not replace a range of statutory tools, such as the Shire’s strategic planning and land use planning.

 

There is no legislation that gives a SuperTown Growth Plan statutory force at this time. Where a Growth Plan varies from a statutory document, such as a Local Planning Strategy and Scheme, the latter will need to be reviewed and modified prior to implementation of the Growth Plan. For instance, the Preliminary Growth Plan recommends the direction of town site expansion in Manjimup be modified. In order for this to occur, it will be necessary to review Council’s Local Planning Strategy and Scheme using the processes outlined in the Planning and Development Act and Regulations before the Growth Plan can be enforced.

 

Policy / Strategic Implications:

Council’s current suite of policies and strategies is based upon a ‘business as usual’ growth target based on historical trends of no or low growth. However, the Preliminary Growth Plan establishes an aspirational direction for the doubling of the population of Manjimup by 2031. This will also have ‘trickle down’ effects to surrounding towns, which can be expected to also grow. To achieve this target, there will be a need over time to ensure Council’s strategic and policy direction reflects this change in aspiration.

 

Financial Implications:

Implementation of the SuperTown Growth Plan will require considerable investment by all levels of government and the private sector over time. The Preliminary Growth Plan includes a Feasible Implementation Schedule that identifies the public expenditure required over 20 years as the population grows.

 

Direct funding by Council of SuperTown projects in the short term is unlikely. However, over time Council may need to make investments in community infrastructure to cater for the growth in population. This would take place in an environment of a larger rates base.

 

Sustainability:

The Preliminary Growth Plan has identified economic, environmental and social strategies which will be outlined in the final document to be tabled at the Ordinary Meeting.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council, in accordance with of the Shire of Manjimup By-Law Relating to Standing Orders, suspend Standing Orders.

 

Officer Recommendation:

 

That Council, in accordance with clause 29 of the Municipality of the Shire of Manjimup By-Law Relating to Standing Orders, return to Standing Orders.

 

Officer Recommendation:

 

That Council:

1.   Adopt the preliminary SuperTown Growth Plan, as tabled, with the following amendments:

; and

2.   Adopt the following priority for the proposed SuperTown projects:

 

            1.

            2.

            3.

            4.

 

COUNCIL RESOLUTION:

 

Moved: Tapley, D            Seconded: Bavich, D

 

25210

That Council, in accordance with of the Shire of Manjimup By-Law Relating to Standing Orders, suspend Standing Orders.

CARRIED: 11/0

COUNCIL RESOLUTION:

 

Moved: Tapley, D            Seconded: Jenkins, D

 

25211

That Council, in accordance with clause 29 of the Municipality of the Shire of Manjimup By-Law Relating to Standing Orders, return to Standing Orders.

CARRIED: 11/0

 

COUNCIL RESOLUTION:

 

Moved: Jenkins, D          Seconded: Daubney, L

 

25212

That Council:

1.   Adopt the preliminary SuperTown Growth Plan, as tabled, and

 

2.  Adopt the following priority for the proposed SuperTown projects:

 

       1. Manjimup Agricultural Expansion.

       2. Manjimup Regional Airport Expansion.

       3. Transforming the Manjimup Town Centre.

       4. Develop & Recognise as an Age Friendly Town.

 

MOTION carried 9/2

FOR

AGAINST

Cr D Bavich

Cr R Curo

Cr C Chodorowski

Cr S Karamfiles

Cr L Daubney

 

Cr W DeCampo

 

Cr T Fahey

 

Cr D Jenkins

 

Cr J Jones

 

Cr D Tapley

 

Cr R Taylor

 

 

 

Councillor Karamfiles left the Chamber at 7.36pm and returned at 7.40pm whilst standing orders were suspended.


58

 

Councillor Robert Taylor declared a Financial Interest in this item as he is the Leaseholder of Lot 239 Windy Harbour.  Cr Taylor did not speak or vote on the matter and left the Chamber at 7.45.

 

12.4.1        Windy Harbour Lease Transfer - Site 238      

 

PROPONENT

Alan & Roslyn De Campo

OWNER

Crown (Management Order to Shire)

LOCATION / ADDRESS:

Site 238 Gregory Way, Windy Harbour

WARD:

Special Use Area

ZONE:

Park & Recreation

DIVISION:

Statutory Services

FILE REFERENCE:

P55335

LEGISLATION:

Local Government Act 1995

Land Administration Act 1997

AUTHOR:

Jasmine Bamess

DATE OF REPORT:

2 March 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

Reserve 38881 (Nelson Locs 12439 and 13304) Windy Harbour is vested in the Shire of Manjimup for the purpose of Recreation, Camping, Caravan Park and Holiday Cottages with the power, subject to the consent of the Minister for Lands, to lease all or any portion of Nelson Loc 12439 and Sites 307, 308 and 309 on Nelson Loc 13304, for any term not exceeding 21 years. Since 2001 Council has been granting 20 year leases for Holiday Cottages.

 

Murray and Lynette McSweeney hold an annual lease over Site 238 Windy Harbour. They have entered a contract for sale of their lease with Alan and Roslyn De Campo.

 

PUBLIC Consultation Undertaken:

Nil

 

COMMENT (Includes Options):

Council Policy 3.4.2 Leasing of Land at Windy Harbour outlines that Council will only permit the transfer of an annual lease to a 20 year lease. Accordingly a 20 year lease has been requested for Alan and Roslyn De Campo.

 

Prior to the issue or transfer of a 20 year lease or once every five years each lease site is to be inspected in accordance with Policy 3.4.2. A building inspection for this site was conducted on 15 March 2012 identifying a number of items requiring attention, including installation of RCDs and a 10 year smoke alarm, repainting, replacement of roof due to deterioration and other minor items.

 

Council is able to provisionally consent to the transfer of the lease subject to the completion of the works identified in the building inspection. Once completed works have been approved, Council’s consent will become unconditional and staff can issue the lease administratively. The completion of the works is the responsibility of the party seeking the lease arrangement with Council.

 

STATUTORY ENVIRONMENT:

The Department of Local Government has previously advised that Windy Harbour leases are considered residential and therefore exempt from s3.58 (Disposing of Property) of the Local Government Act 1995 under s30(2)(g) of the Local Government (Functions and General) Regulations 1996.

 

Each 20 year lease and any subsequent transfers must receive the approval of the Minister for Lands in accordance with section 18 of the Land Administration Act.

 

Policy / Strategic Implications:

The granting of long term tenure is in accordance with the adopted Windy Harbour Management Plan and Council Policy 3.4.2 Leasing of Land at Windy Harbour.

 

Financial Implications:

Leaseholders are required to pay Council’s lease preparation fee to offset the administration costs of preparing and lodging each lease or lease transfer.

 

Council imposes rates and an annual lease fee on each Windy Harbour site. Council does not differentiate between annual and 20 year leases at Windy Harbour with regards lease fees and rates.

 

Sustainability:

Environmental: The lease sites were established a number of years ago and there are no environmental effects anticipated from transferring to a 20 year lease.

Economic: Reserve funds have been created to ensure the Windy Harbour infrastructure becomes economically sustainable.

Social: The 20 year lease allows for the structured occupation and management of the Windy Harbour settlement and cultivates a greater sense of security amongst the Windy Harbour leaseholders.

 

 

VOTING REQUIREMENTS:                  SIMPLE MAJORITY

 

Officer Recommendation:

 

That Council:

1.   Terminate, by mutual consent, the annual lease over Site 238 Windy Harbour between the Shire of Manjimup and Murray William and Lynette Ann McSweeney; and

2.   Approve a 20 year lease over Site 238 Windy Harbour, between the Shire of Manjimup and Alan Mark and Roslyn Joy De Campo; subject to:

a)   compliance with the inspection report requirements for Site 238 Windy Harbour within 90 days of the date of this meeting; and

b)  consent from the Minister for Lands.

 

COUNCIL RESOLUTION:

 

Moved: Curo, R                Seconded: Tapley, D

 

25213

That Council:

1.   Terminate, by mutual consent, the annual lease over Site 238 Windy Harbour between the Shire of Manjimup and Murray William and Lynette Ann McSweeney; and

2.   Approve a 20 year lease over Site 238 Windy Harbour, between the Shire of Manjimup and Alan Mark and Roslyn Joy De Campo; subject to:

a)   compliance with the inspection report requirements for Site 238 Windy Harbour within 90 days of the date of this meeting; and

b)  consent from the Minister for Lands.

 

CARRIED: 10/0

 


61

 

Cr Taylor returned to the Chamber at 7.45pm.

 

12.8.1        Budget Amendment - Youth Week Funding Received       

 

PROPONENT

Shire of Manjimup

OWNER

Shire of Manjimup

LOCATION / ADDRESS:

Whole of Shire

WARD:

Whole of Shire

ZONE:

 

DIVISION:

Community Services

FILE REFERENCE:

WLF5

LEGISLATION:

Local Government Act 1995 s 6.8

AUTHOR:

Kirsty Hester

DATE OF REPORT:

14 February 2012

DECLARATION OF INTEREST:

Nil

SIGNATURE:

 

 

 

Background:

National Youth Week (NYW) is the largest celebration of young people in Australia.  Young people across Australia get involved in April every year as it is an opportunity to share ideas; showcase their talents; take part in competitions; have fun and much more. NYW is a joint Australian Government, State, Territory and Local Government initiative and a Department for Communities grant of up to $1,000 was available to those interested in creating an activity for youth in their area, with only one grant issued to each successful Shire.

 

The purpose of this report is to inform Council that a grant has been received and to request Council amend the budget accordingly.

 

PUBLIC Consultation Undertaken:

·    September 2011 a meeting with Youth Workers and Agencies from Manjimup, Pemberton, Northcliffe and Quinninup was held to discuss the available funding and the potential for collaboration as the funding is only available for one activity within the Shire boundaries.

 

·    The Youth Workers and Agencies consultations

 

COMMENT (Includes Options):

 

Through various consultations it was determined our youth, rather than arranging their own activity, would like the opportunity to attend the South West NYW Launch being held in Bunbury. This event has been organised by the South West NYW Steering Committee which numerous south west youth participate in directly.

 

The NYW launch event is called the “Grass Roots Festival” and is being held on Friday 13 April 2012, from12noon to 11pm at Bicentennial Park, Bunbury

 

The Shire of Manjimup applied for funding to assist this activity and has now been advised that the application has been successful in securing $1,000 in grant funding to support our NYW activity.

 

Funding will be dedicated to transport young people from across the Shire of Manjimup to participate in ‘Grass Roots Festival’ in Bunbury.

 

Funds will also be used to assist with catering for the young people involved.

 

Participating Youth Workers and Agencies will volunteer their time to ensure this is an appropriately supervised event.

 

The Shire of Manjimup’s activity, “Break Away to National Youth Week”, has been advertised in the official NYW Calendar of Events.

 

STATUTORY ENVIRONMENT:

Local Government Act 1995 s 6.8

 

Policy / Strategic Implications:

~ Shire of Manjimup Youth Policy and Strategy – Executive Summary page 3

 

“That the Council accept the responsibility for the Planning, Coordination and Support Role in youth affairs at Local Level in conjunction with State initiatives.”

 

~ Shire of Manjimup Strategic Plan 2010 – 2020 (Plan for the Future) – Key Result Area 2 – Community – Strategy 6 – Page 11

 

                “Encourage and assist community groups to develop their own capacity.”

 

Financial Implications:

 

The 2011/12 budget is required to be amended to reflect the additional grant of $1,000 (excluding GST)

 

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nation Youth Week programs provide opportunities for youth within the region to share ideas, showcase their talents and take part in competitions to express themselves amongst their peers.

 

Programs of this nature provide social benefits to youth through physical activities & participation while meeting new people and gaining a sense of belonging to the community.

 

 

VOTING REQUIREMENTS:                  ABSOLUTE Majority

 

Officer Recommendation:

 

That Council amend the 2011/12 budget under Community Services to include Department for Communities funding of $1,000 (excluding GST)

 

Description

Current budget

Amended Budget

Variation

Nation Youth Week

 

Funding

 

$0

 

$0

$1,000

 

($1,000)

$1,000

 

($1,000)

Net Rate Funds

$0

$0

$0

 

 

COUNCIL RESOLUTION:

 

Moved: Taylor, R             Seconded: Bavich, D

 

25214

That Council amend the 2011/12 budget under Community Services to include Department for Communities funding of $1,000 (excluding GST)

 

Description

Current budget

Amended Budget

Variation

Nation Youth Week

 

Funding

 

$0

 

$0

$1,000

 

($1,000)

$1,000

 

($1,000)

Net Rate Funds

$0

$0

$0

 

 

CARRIED: 11/0

 


13.       NOTICE OF MOTION FOR CONSIDERATION AT FOLLOWING MEETING IF GIVEN DURING MEETING:        Nil

14.       LATE ITEMS:  Nil

15.       NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:      Nil

16.       CLOSURE:    

 

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 7.47pm.