
MINUTES
Council Meeting
22 August 2013
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
2. ANNOUNCEMENTS BY THE PRESIDENT:
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
25713 9.1.1 Proposed Overheight Outbuilding at Lot 103 (116) Perup Road, Manjimup
25714 9.1.2 Proposed Amended Structure Plan over Lot 65 (174) Browns Road, Pemberton
25715 9.5.3 Manjimup Historical Society Inc Lease for History House - Reserve 26199
25716 9.5.4 June 2013 Quarterly Report - Statutory Services Directorate
25717 9.5.5 Council Financial Payments June 2013
25718 9.5.6 Monthly Financial Activity Statement - June 2013
25719 9.6.3 Naming of the new Playground - Manjimup Timber and Heritage Park
25722 9.5.1 Windy Harbour Tenants at Will - Sites 13, 34, 57, 60, 240 and 253
25723 9.5.2 Windy Harbour Lease Transfer - Site 128
25727 9.9.1 Adoption of the Shire of Manjimup Access & Inclusion Plan 2013-2023
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING:
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:
Minutes of the Ordinary Meeting of Council held in the Council Chambers, Manjimup, Thursday, 22 August 2013.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Shire President declared the meeting open at 5.30pm.
The Shire President recognised the attendance of Cr Curo’s grandson Christopher England.
2. ANNOUNCEMENTS BY THE PRESIDENT: Nil
PRESENT:
Councillors
Cr W De Campo (Shire President)
Cr R Curo
Cr L Daubney
Cr T Fahey
Cr D Jenkins
Cr J Jones
Cr S Karamfiles
Cr C Chodorowski
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)
Gallery
Nancy Giblett
David Giblett
Christopher England
Nora Doust
3.1 Apologies: Nil
3.2 Leave Of Absence:
Cr Dean Bavich has been granted a leave of absence for this meeting.
The Chief Executive Officer advised that he has received financial Interest declarations from Councillor Robert Taylor.
Cr Taylor advised that he has a Financial Interest in items 9.5.1 as he is a next door neighbour, 9.6.1 as he in an electrical contractor and has quoted on underground services and 9.6.2 as he is an electrical contractor and has quoted on light poles.
5. PUBLIC QUESTION TIME:
5.1 Responses to previous public questions taken on notice.
5.2 Public Question Time: Nil
[Under meeting procedure (Standing Orders) this is the only opportunity for members of the public to address or ask a question of Council (other than a matter in Item6). There is no further opportunity to interject or question the Council or Staff during the meeting. Questions can be asked on any Shire matter, not just on issues included in the meeting agenda. Persons asking questions are entitled to a response. If a matter requires further investigation, that response may be in writing.]
6.3 Deputations: Nil
6.4 Delegates’ Reports: Nil
6.5 Conference Reports: Nil
7. CONFIRMATION OF MINUTES:
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8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil
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Moved: Jones, J Seconded: Tapley, D
“That the Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 52 of the Agenda with the exception of:
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Windy Harbour Tenants at Will - Sites 13, 34, 57, 60, 240 and 253 |
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Windy Harbour Lease Transfer - Site 128 |
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Tender Consideration - Underground Electrical Connections to 47 Dwellings, Manjimup RFT 1-13 |
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Tender Consideration - Supply Only / Supply and Install Option of Street Light Poles - Manjimup, RFT 2-13 |
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Adoption of Policy - 10.1.8, Salvage of Fallen Naturally Occurring Timber in Road Reserves |
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Adoption of the Shire of Manjimup Access & Inclusion Plan 2013-2023 |
Items passed by En Bloc Resolution
9.1.1 Proposed Overheight Outbuilding at Lot 103 (116) Perup Road, Manjimup
9.1.2 Proposed Amended Structure Plan over Lot 65 (174) Browns Road, Pemberton
9.5.3 Manjimup Historical Society Inc Lease for History House - Reserve 26199
9.5.4 June 2013 Quarterly Report - Statutory Services Directorate
9.5.5 Council Financial Payments June 2013
9.5.6 Monthly Financial Activity Statement - June 2013
9.6.3 Naming of the new Playground - Manjimup Timber and Heritage Park
9.15.1 Minutes of the Northcliffe Forest Park Management Committee Meeting held 22 May 2013 and 17 July 2013
9.16.1 Minutes of the Manjimup Timber and Heritage Park Advisory Committee Meeting held 11 June 2013
9.1.1 Proposed Overheight Outbuilding at Lot 103 (116) Perup Road, Manjimup
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PROPONENT |
CA & JL Ryan |
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OWNER |
CA & JL Ryan |
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LOCATION / ADDRESS: |
Lot 103 (116) Perup Road, Manjimup |
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WARD: |
Central |
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ZONE: |
Residential R5 |
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DIVISION: |
Statutory Services |
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FILE REFERENCE: |
P57723 |
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LEGISLATION: |
Planning & Development Act 2005 |
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AUTHOR: |
Jason Giadresco |
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DATE OF REPORT: |
30 July 2013 |
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DECLARATION OF INTEREST: |
Nil |
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SIGNATURE: |
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Background:
Council is requested to consider an application for planning approval for the establishment of an overheight domestic outbuilding located at Lot 103 (116) Perup Road, Manjimup. Location, site and development plans are attached.
ATTACHMENT: 9.1.1(1)
The site area is 3137m² and is zoned Residential with a density code of R5 by Shire of Manjimup Local Planning Scheme No.4 (the Scheme). The proposed development will be assessed against the Scheme and Local Planning Policy LPS4 6.1.1 Domestic Outbuildings (the Policy).
The application proposes the construction of a 10m by 9m (90m²) outbuilding with a wall height of 3.7m and ridge height of 4.66m. The material to be used in the construction of this outbuilding is “Colorbond” in a “Bushland” (dark grey) colour.
The proposed development complies with all acceptable development provisions bar Provisions (iv) and (v) of clause 3.2 of the Policy. The walls of the proposed outbuilding are 3.7m high, 0.7m higher than acceptable development of 3m. The ridge height of the outbuilding is 4.66m, 0.46m above acceptable development of 4.2m.
The application is referred to Council for determination as the proposed outbuilding requires a variation to be granted to an acceptable development provision of the Policy.
PUBLIC Consultation Undertaken:
The application was advertised in accordance with Level ‘B’ of LPS4 6.1.4 Advertising of Planning Proposals for a 14 day period commencing 23 July 2013 to the immediately adjoining landowners. No submissions were received by the closing date of 6 July 2013.
COMMENT (Includes Options):
Intended Use of the Outbuilding
The intended use of the proposed outbuilding is ancillary to the enjoyment of the dwelling on the same lot. The outbuilding is to be used for domestic storage purposes. The proponents have specified that the overheight size of the outbuilding is necessary to house a large boat.
Compliance with LPS4 6.1.1 Domestic Outbuildings
In the design and construction of domestic outbuildings in the Residential Zone the Scheme defers to Shire of Manjimup Local Planning Policy LPS4 6.1.1 Domestic Outbuildings. The main objectives of this policy are to ensure:
(i) That domestic buildings do not detract from the streetscape or the visual amenity of residents or neighbouring properties; and
(ii) Planning controls reflect the community’s expectations regarding the size and height of domestic outbuildings.
Clause 3.2 of the Policy outlines acceptable development provisions for outbuildings in Residential zones are as follows;
(i) are not attached to a dwelling;
(ii) are non-habitable;
(iii) collectively do not exceed 150m² in area:
(iv) do not exceed a wall height of 3.0m;
(v) do not exceed a ridge height of 4.2m;
(vi) are not within the primary street setback area;
(vii) do not reduce the amount of open space required in Table 1 of the Residential Design Codes; and
(viii) comply with the siting and design requirements for the dwelling, but do not need to meet rear setback requirements of Table 1 of the Residential Design Codes.
In reference to provision (vii) the minimum amount of open space required as stated in Table 1 of the Residential Design Codes is 70% for the R5 density code.
Although the proposed outbuilding does not meet the accepted development requirements, the proposal may still be approved by Council should it satisfy the clause 3.1 Performance Criteria of the Policy which is:
“Outbuildings that do not detract from the streetscape or the visual amenity of residents or neighbouring properties.”
Proposed developments that have a variation to acceptable development requirements may still be permissible, but need to be more closely scrutinised and be subject to advertising.
Impact on Streetscape
The siting of the proposed overheight outbuilding largely conceals it from view along both Perup and Golf Links Roads. The dwelling and well-developed vegetation on the property completely shields the proposed outbuilding from Perup Road. The overheight outbuilding will be partially shielded by vegetation from Golf Links Road and is setback 42m from the secondary street boundary. Sited at this distance from Golf Links Road, the overheight outbuilding will have a minimal impact on the local streetscape.
Impact on Visual Amenity of Neighbouring Properties
The proposed overheight outbuilding is sited as to have minimal impact on the amenity of the adjoining properties. The outbuilding will be largely concealed from view by a line of dense foliage prevalent along the boundaries of all adjoining properties.
Setbacks
The proposed overheight outbuilding satisfactorily meets setback requirements as specified in the Residential Design Codes Tables 1, 2a and 2b. Setbacks are as follows:
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SETBACK |
REQUIRED |
PROVIDED |
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Primary St (Perup) |
12m |
50m |
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Secondary St (Golf Links) |
6m |
42m |
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Side Boundary |
1.5m |
1.5m |
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Rear Boundary |
Nil |
1.5m |
Conclusion
The proposed overheight outbuilding exceeds the acceptable development wall and ridge height as specified in the Policy. However, Shire staff have assessed the application against the performance criteria and are satisfied that the outbuilding can be approved as proposed. The intent of the Policy to ensure a higher level of scrutiny of outbuildings that exceed acceptable development has been met.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No.4.
Policy / Strategic Implications:
Compliance with Local Planning Policy LPS4 6.1.1 Domestic Outbuildings as discussed above.
Financial Implications:
Nil.
Sustainability:
Environmental: The proposed outbuilding is not expected to detrimentally impact on the local environment.
Economic: Nil.
Social: The proposed outbuilding is expected to have minimal impact upon the visual amenity of the adjoining properties as outlined in the Comment section.
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 overheight outbuilding on Lot 103 (116) Perup Road, Manjimup (Application TP 118/2013) in accordance with the submitted plans as attached at 9.1.1(1) and subject to the following conditions:
a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of local government. (Planning and Sustainability); and
b) The outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation or commercial purposes. (Environmental Health).
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Moved: Jones, J Seconded: Tapley, D
That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval to the overheight outbuilding on Lot 103 (116) Perup Road, Manjimup (Application TP 118/2013) in accordance with the submitted plans as attached at 9.1.1(1) and subject to the following conditions: a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of local government. (Planning and Sustainability); and b) The outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation or commercial purposes. (Environmental Health).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.1.2 Proposed Amended Structure Plan over Lot 65 (174) Browns Road, Pemberton
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PROPONENT |
JH Towie |
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OWNER |
PJ & DM Mathieson |
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LOCATION / ADDRESS: |
Lot 65 (174) Browns Road, Pemberton |
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WARD: |
West |
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ZONE: |
Rural Residential No. 5 |
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DIVISION: |
Statutory Services |
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FILE REFERENCE: |
P56546 |
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LEGISLATION: |
Planning & Development Act 2005 |
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AUTHOR: |
Jason Giadresco |
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DATE OF REPORT: |
8 August 2013 |
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DECLARATION OF INTEREST: |
Nil |
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SIGNATURE: |
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Background:
Council has received a request under clause 6.4.5 of Shire of Manjimup Local Planning Scheme No.4 (the Scheme) to advertise a proposed structure plan over Lot 65 (147) Browns Road, Pemberton. This property is known as the Pemberton Lavender and Berry Farm and Chalets.
A copy of the proposed structure plan and an aerial of current development on the structure plan site is attached.
ATTACHMENT: 9.1.2(1)
It is proposed that the existing Subdivision Guide Plan (now referred to by the Scheme as a structure plan) over the Browns Road Estate be modified to allow for Lot 65 to be subdivided. A subdivision application was lodged on behalf of the owners of Lot 65 to subdivide Lot 65 into three lots. However, as the Scheme requires subdivision to be generally in accordance with the adopted structure plan, the subdivision application has been deferred pending the outcome of the proposed amendment to the structure plan.
The purpose of this report is to determine whether the structure plan:
· is satisfactory for advertising;
· should not be advertised until further details have been provided or modifications undertaken; or
· is not satisfactory for advertising, giving reasons to the proponent.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Land and Zoning Details
The property is 8.12 ha in area and zoned Rural Residential by the Scheme. Notwithstanding the zoning of the property, it is also subject to the Scheme’s Schedule 8 - Pemberton Precinct 1 (PP1) Brown’s Road planning precinct statement. To facilitate subdivision or development the Scheme requires a structure plan to be prepared and approved. There is currently an existing structure plan over the Browns Road Estate. A copy of the original structure plan is attached.
ATTACHMENT: 9.1.2(2)
The structure plan that is subject to this item has been prepared by the proponent to allow for subsequent subdivision and development of the site. The structure plan for Lot 65 Browns Road has been prepared in accordance with clause 6.4.4 of the Scheme.
Effect on Additional Use Provisions of Lot 65
The property is also listed in and subject to A1 of Schedule 9 - Additional Uses of the Scheme. Additional Use 1 allows for the uses of a Shop with a maximum 80m² GLA (Gross Leasable Area), a Cafe, 4 Chalets and a cottage industry to be permitted on the property over and above the uses permitted by the base Rural Residential Zoning.
It is proposed that the existing cafe / shop / cottage industry will be located on a separate lot to the chalets with the existing main dwelling located on a third lot. Should the structure plan be amended and the subdivision be undertaken as intended by the landowner, it may be necessary to amend the additional use provisions of the Scheme to reflect the changed tenure. However, the required changes are considered to be of a minor nature and insufficient to warrant a stand-alone scheme amendment. Rather, the required updating of the additional use could occur at a later date as part of any consolidation of the Scheme undertaken by Council.
Overview of the Structure Plan
The proposed structure plan is to be an amendment to the original Subdivision Guide Plan dated July 1988. Lot 65 Browns Road is one of the larger lots in the Rural Residential Area No. 5 known as Browns Road Estate. The extent of the structure plan is confined to the boundaries of Lot 65. The structure plan proposes the creation of 3 lots. These proposed lots are consistent with the 2ha rural residential lot size prevalent in the Browns Road area.
The proposed structure plan takes into account the natural features, particularly an existing dam on the property. As per the attached plans, building envelopes have been identified on all proposed lots, incorporating existing structures.
Proposed Lot 650
Proposed Lot 650 is to be 2.08ha in size and will retain the existing shop/cafe and outbuilding on the lot. This lot is to incorporate an approximate one-third section of the dam on Lot 65. A building envelope has been placed on the proposed lot to accommodate a future dwelling.
Proposed Lot 651
Proposed Lot 651 is to be 3.04ha in area and retain the existing dwelling and an outbuilding on the lot. This lot is to incorporate the remaining two-thirds of the dam on the property.
Proposed Lot 652
Proposed Lot 652 is to be 3ha and retain the four (4) existing chalets on the lot. A building envelope has been placed on the proposed lot to accommodate a future dwelling.
Fire Management of Lot 65
The structure plan also provides for a Fuel Reduced Strategic Buffer around the entirety of Lot 65. This is designed to maintain the existing fire protection measures already used in Brown’s Road. As the development is already established, and the lot yield of this proposed structure plan is low, a Fire Management Plan is not considered to be necessary.
Boundary through Dam
A proposed boundary runs through the dam on Lot 65. In order to protect the future owners of the proposed lots, the landowners intend to register legal agreements to protect the water use and management of the dam. The comments of the Department of Water (DoW) in the event of the structure plan being advertised will provide guidance on this matter.
There is no clause or provision in any Shire Policy or within the Scheme that prohibits a property boundary running through a water body. However, best practice is to avoid creating boundaries through water bodies where possible. It is anticipated that the advice of DoW will be critical to the outcome of this structure plan, should it be advertised. The proposed lot boundaries may need to be adjusted in the event that DoW does not support the proposal alignment.
Structure Plan Process
Consideration of the structure plan is controlled by clause 6.4 of the Scheme. There are a number of discrete stages to the consideration, as follows:
1. Preparation and submission of a structure plan by either a proponent or the local government;
2. Consideration by Council of the proposed structure plan to ascertain if it should be advertised;
3. If considered suitable for advertising, the proposed structure plan is advertised for public and agency comment. A minimum consultation time of 21 days is required for this;
4. Consideration by Council of the proposed structure plan in the light of any submissions made;
5. Forwarding of the structure plan to the Western Australian Planning Commission (WAPC) for its approval; and
6. Final adoption of the structure plan by the Chief Executive Officer under delegated authority from Council.
This structure plan is currently at stage 2 of the above process.
Identified Issues
A potential future issue on the structure plan site is further development on the 3 proposed lots. Single dwellings could potentially be constructed on proposed Lots 650 and 652, intensifying the use of the land. This intensification would be considered consistent with the rural residential zoning.
It is noted that Lot 65 has been long-established as a tourist-related property. The proposed subdivision does not preclude continued operation of the tourist-related activities on the property. However the current cafe / shop / cottage industry operation could be separated from the chalet operation if the new lots are sold independently of one another. Community views on this occurring can be reasonably expected.
Staff Comment and Options
The proposed structure plan has been assessed by Shire staff as suitable for the purposes of advertising under clause 6.4.5 of the Scheme.
Council has three (3) options available to it in dealing with this matter:
1. Determine the proposed structure plan is suitable for advertising and instruct staff to advertise it;
2. Require further information and/or modification of the proposed structure plan before allowing it to be advertised; or
3. Determine the proposed structure plan should not be advertised.
Shire staff recommend Option 1. Shire staff have confidence in the overall design of this structure plan.
Proposed Consultation
Council’s Local Planning Policy 6.1.4 Advertising of Planning Proposals (the Policy) requires all landowners within the structure plan area or within 500m of the outer edges of the area are to be informed of the proposal. In this case, this would require a substantial number of properties within Browns Road Rural Residential Zone to be informed. It is recommended that the proposal be advertised as per clause 3.3.1 of the Policy. The advertising period will last for 21 days. This will involve advertising to:
· All rural residential properties by post in a 500m radius of the outer edge of Lot 65;
· The Department of Parks and Wildlife (formerly Department of Environment and Conservation), which administers the adjoining Reserve 42473 - “Gloucester National Park”;
In addition to the landowner consultation, it is proposed to provide a copy of the proposed structure plan to the following agencies for comment:
· Department of Planning / Western Australian Planning Commission;
· Department of Water;
· Department of Fire and Emergency Services;
· Department of Health;
· Department of Aboriginal Affairs;
· Water Corporation; and
· Western Power Corporation.
A sign will also be placed on the road frontage of the site, and a notice published in the Manjimup-Bridgetown Times as required by the Policy. A notice will also be loaded onto the Shire of Manjimup’s website, and a copy of the structure plan made available to the public at the Shire Customer Service centre.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No.4
Policy / Strategic Implications:
Nil.
Financial Implications:
All costs associated with advertising of the proposed structure plan will be reimbursed by the Proponent.
Sustainability:
Environmental: The proposed structure plan affects land that has been previously developed. The most likely environmental impact of this proposal is drainage, which is to be managed using widely-accepted management practices.
Economic: The structure plan concept has been designed to be cost-effective to a future developer.
Social: The detail of the development is likely to be closely scrutinised by neighbouring properties, particularly amongst the adjoining properties in the locality.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. In accordance with clause 6.4.5.2 of Shire of Manjimup Local Planning Scheme No.4 determines that the proposed structure plan and supporting information over Lot 65 (174) Browns Road, Pemberton as attached at 9.1.2(1) is satisfactory for advertising;
2. Instructs the Chief Executive Officer to advertise the proposed structure plan over Lot 65 (174) Browns Road, Pemberton for a period of 21 days in accordance with section 3.3 of Local Planning Policy LPS4 6.1.4 Advertising of Planning Proposals, including informing the following agencies:
a) Department of Planning / WAPC;
b) Department of Water;
c) Department of Parks and Wildlife;
d) Department of Health;
e) Department of Fire and Emergency Services;
f) Department of Aboriginal Affairs;
g) Western Power Corporation; and
h) Water Corporation; and
3. Notes that consent to advertise of the proposed structure plan over Lot 65 (147) Browns Road, Pemberton does not construe final approval of the proposed structure plan or any supporting documents.
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Moved: Jones, J Seconded: Tapley, D
That Council: 1. In accordance with clause 6.4.5.2 of Shire of Manjimup Local Planning Scheme No.4 determines that the proposed structure plan and supporting information over Lot 65 (174) Browns Road, Pemberton as attached at 9.1.2(1) is satisfactory for advertising; 2. Instructs the Chief Executive Officer to advertise the proposed structure plan over Lot 65 (174) Browns Road, Pemberton for a period of 21 days in accordance with section 3.3 of Local Planning Policy LPS4 6.1.4 Advertising of Planning Proposals, including informing the following agencies: a) Department of Planning / WAPC; b) Department of Water; c) Department of Parks and Wildlife; d) Department of Health; e) Department of Fire and Emergency Services; f) Department of Aboriginal Affairs; g) Western Power Corporation; and h) Water Corporation; and 3. Notes that consent to advertise of the proposed structure plan over Lot 65 (147) Browns Road, Pemberton does not construe final approval of the proposed structure plan or any supporting documents.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.5.3 Manjimup Historical Society Inc Lease for History House - Reserve 26199
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PROPONENT |
Manjimup Historical Society Inc |
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OWNER |
Crown (Management Order to Shire) |
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LOCATION / ADDRESS: |
Reserve 26199, Lot 268 Edwards St, Manjimup |
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WARD: |
Central |
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ZONE: |
Parks and Recreation |
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DIVISION: |
Statutory Services |
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FILE REFERENCE: |
P53584 |
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LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
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AUTHOR: |
Jasmine Bamess |
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DATE OF REPORT: |
7 August 2013 |
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DECLARATION OF INTEREST: |
Nil |
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SIGNATURE: |
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Background:
History House was constructed in the Manjimup Timber and Heritage Park as part of the Town Centre Revitalisation project and has now been completed. Council is requested to grant the Manjimup Historical Society a lease of the building for the intended purpose.
PUBLIC Consultation Undertaken:
Public consultation was undertaken for the Town Centre Revitalisation project.
COMMENT (Includes Options):
History House was constructed with the intent for it to be a meeting place for the Manjimup Historical Society and a place for them to store archives relating to the history of Manjimup Shire. The Manjimup Historical Society are currently undertaking their activities in the old police station in the Timber and Heritage Park.
The building contains public toilets which have separate access and will be excluded from the lease with the Shire retaining full responsibility for that portion of the building.
Council has a standard lease agreement for leases to community groups and Council Property Leasing Policy 4.2.8 outlines the schedule of maintenance responsibilities. To retain equity between occupants of various Council buildings the same arrangement will be established for the Manjimup Historical Society.
The Manjimup Historical Society have expressed concern regarding their responsibility for building maintenance and ongoing operating costs under the lease. The Manjimup Historical Society does not have membership fees or a revenue source that would cover these costs. Should the Manjimup Historical Society require financial assistance they may apply for a community grant from the Shire to assist with their administration expenses. A funding request would likely be supported due to the work undertaken by the Manjimup Historical Society benefiting the community and the Shire of Manjimup.
History House was specifically designed for the storage of historical records with the intention for it to be operated by the Manjimup Historical Society. It is recommended that Council now formalise the proposal with a lease to enable Manjimup Historical Society to occupy the new building.
STATUTORY ENVIRONMENT:
Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council land; however Section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts from these requirements leases to charitable, benevolent, educational, recreational, sporting or other like bodies, provided the members are not entitled to receive any pecuniary profit. It is considered that the lease to Manjimup Historical Society Inc complies with this exemption.
Approval from the Minister for Lands is required under Section 18 of the Land Administration Act 1997.
Policy / Strategic Implications:
Council’s Property Leasing Policy 4.2.8 states that leases of Council buildings to community groups are to be for 10 years (the standard arrangement is five years with a renewal option for a further five years) with a lease fee of $10 per annum, payable on demand.
Financial Implications:
The Historical Society will be responsible for Council’s lease preparation fee of $335 and the ongoing utility and maintenance costs as per Property Leasing Policy 4.2.8, excluding the public toilets.
Sustainability:
Environmental: Nil
Economic: The History House is part of the Town Centre Revitalisation Project to benefit the future of Manjimup.
Social: The Historical Society will store and display Manjimup’s historical records.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council grant a lease to Manjimup Historical Society Inc over portion of Reserve 26199, being the History House excluding the public toilets, for a term of five years with a renewal option of a further five years, at a rental of $10 per annum payable on demand; subject to the approval of the Minister for Lands.
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Moved: Jones, J Seconded: Tapley, D
That Council grant a lease to Manjimup Historical Society Inc over portion of Reserve 26199, being the History House excluding the public toilets, for a term of five years with a renewal option of a further five years, at a rental of $10 per annum payable on demand; subject to the approval of the Minister for Lands.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.5.4 June 2013 Quarterly Report - Statutory Services Directorate
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PROPONENT |
Director Statutory Services |
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WARD: |
Whole of Shire |
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DIVISION: |
Statutory Services |
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FILE REFERENCE: |
CNL 14/1 |
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LEGISLATION: |
Nil |
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AUTHOR: |
Andrew Campbell |
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DATE OF REPORT: |
8/08/2013 |
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DECLARATION OF INTEREST: |
Nil |
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SIGNATURE: |
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Background:
A report outlining activities for the April - June 2013 quarter for the Statutory Services Directorate is attached.
ATTACHMENT: 9.5.4(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The report outlines progress on key activities undertaken by the Statutory Services Directorate for the quarter and the likely focus for the forthcoming quarter.
The purpose of the report is to inform Councillors of activities and provide an opportunity to respond to any queries arising on those activities.
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 receive the June 2013 Quarterly Report – Statutory Services Directorate as contained in Attachment: 9.5.4(1).
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Moved: Jones, J Seconded: Tapley, D
That Council receive the June 2013 Quarterly Report – Statutory Services Directorate as contained in Attachment: 9.5.4(1).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.5.5 Council Financial Payments June 2013
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PROPONENT |
Shire of Manjimup |
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OWNER |
N/A |
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LOCATION / ADDRESS: |
Whole of Shire |
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WARD: |
|
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ZONE: |
Whole of Shire |
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DIVISION: |
Statutory Services |
|
FILE REFERENCE: |
FNC9 |
|
LEGISLATION: |
Local Government (Financial Management) Regulations 1996 |
|
AUTHOR: |
Kaylee Blee |
|
DATE OF REPORT: |
8 August 2013 |
|
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: 9.5.5(1)
Consultation Undertaken:
Nil
COMMENT (Includes Options):
The accounts for payment totalling $3,041,795.29 for the month of June 2013 are itemised in the attachment.
Vouchers for the expenditure are available for inspection at the Council Meeting of 22 August 2013.
|
Fund |
Vouchers
|
Amount |
|
Municipal |
78138 - 78497 |
$3,001,740.88 |
|
Trust Fund |
2840 - 2844 |
$33,165.00 |
|
Total Cheques for Month of June 2013 |
$3,034,905.88 |
|
Corporate Credit Card June 2013 – Municipal Account
|
20441.197.57 |
Coles
MANJIMUP |
$27.47 |
|
|
501.6203.6365.57 |
National
Heart Foundation ADELAIDE |
$240.00 |
|
|
20441.432.57 |
Museums
Australia PARKES AUS |
$121.00 |
|
|
85.4210.7324.52 |
Indian
Ocean Hotel SCARBOROUGH AUS |
$1,041.25 |
|
|
20042.138.52 |
Top Notch Cafe MANJIMUP Staff Recruitment - Interviews |
$20.20 |
|
|
20441.197.57 |
BP
Express OSBORNE PARK |
$20.90 |
|
|
87.4999.7339.58 |
James
the Jeweller MANJIMUP |
$188.20 |
|
|
87.4999.7339.58 |
James
the Jeweller MANJIMUP |
$61.80 |
|
|
20221.197.57 |
Grosvenor
Hotel EAST PERTH |
$34.50 |
|
|
20049.197.57 |
Top Notch Cafe MANJIMUP SMT meeting |
$70.40 |
|
|
20049.0197.58 |
Wilsons Parking PERTH Supertown’s Meeting |
$20.40 |
|
|
700.6207.7350.52 |
Bay
33 Cafe WATERMANS BAY |
$39.10 |
|
|
20072.198.52 |
City
of Bunbury BUNBURY |
$132.00 |
|
|
P126.6.57 |
Manjimup
Courthouse MANJIMUP |
$39.60 |
|
|
20049.197.57 |
Top
Notch Cafe MANJIMUP |
$67.30 |
|
|
92.8608.3240.57 |
Apple Online Store SYDNEY 3x Iphone 5’s – HACC & 1x Ipad |
$3470.29 |
|
|
54.2900.7354.57 |
CALM
KENSINGTON |
$200.00 |
|
|
20173.197.58 |
Planning institute of BARTON Full Membership – Roy Winslow (Recouped) |
$590.00 |
|
|
20042.138.52 |
Immigration Australia BELCONNEN 457 Business Nomination – New Manager Rec Svs |
$505.00 |
|
|
Total Credit Card Payment |
$6,889.41 |
||
|
Total Payments for the month June 2013 |
$3,041,795.29 |
||
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 June 2013 totalling $3,041,795.29 as detailed in Attachment: 9.5.5(1).
|
Moved: Jones, J Seconded: Tapley, D
That Council receive the accounts paid during June 2013 totalling $3,041,795.29 as detailed in Attachment: 9.5.5(1).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.5.6 Monthly Financial Activity Statement - June 2013
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Whole Shire |
|
LOCATION / ADDRESS: |
Whole Shire |
|
WARD: |
Whole Shire |
|
ZONE: |
N/A |
|
DIVISION: |
Statutory Services |
|
FILE REFERENCE: |
FNC3/3 |
|
LEGISLATION: |
Local Government Act 1995; Local Government (Financial Management ) Regulations 1996 |
|
AUTHOR: |
Greg Lockwood |
|
DATE OF REPORT: |
9 August 2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
The Financial Management Regulations require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;
ü Annual budget estimates
ü Estimates to end of month
ü Actual expenditure
ü Actual income
ü Material variances
ü Net current assets
The Financial Activity Statement report for the period to 30 June 2013 is attached. The report is summarised by Function/Activity and Department with detailed reports by Department.
ATTACHMENT: 9.5.6(1)
Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Financial Activity Statement will comment on Council’s cash, loans, debtors and overall performance for the 2012/2013 financial year to 30 June 2013.
The financial performance for the Shire of Manjimup to the 30 June 2013 shows a projected surplus of $3,664,692. The 2013/2014 adopted budget shows carried forward works of $3,663,161 which leaves a minor surplus to 30 June 2013 of $1,531. This projected surplus is provisional only, and may change as accounts are finalised and the end of financial year accounts are audited by AMD Chartered Accountants.
The 2012/2013 financial year has delivered plenty of challenges that required the implementation of strict financial control measures on two occasions. They were:
1. The March 2013 review projected a deficit of $87,833 to the 30 June 2013. Due to the size and timing of this projected deficit a budget adjustment sheet was prepared and put before Council, and was adopted on the 9th May 2013. The adjustments saw reductions across operational, abnormal and capital purchases, with the intention of returning the 2013/2014 financial year to a neutral or minor surplus position; and
2. On the 8th May 2013 the Director of Statutory Services, advised all staff that expenditure was to be restricted nondiscretionary and grant funded expenditure only. Traditionally this e-mail would go out in the middle of June.
Those measures have brought the budget back in to surplus albeit minor. Another benefit to the control measures was, that previous reports have indicated the requirement to transfer up to $65,000 from the Annual Leave and Long Service Leave Reserve to fund Long Service Leave that was being taken or paid out from the Works Directorate, but because of the changes above, only $5,000 was required to be transferred from that reserve.
Below is the list of variances effecting the surplus position both in a positive and negative way;
Staff Recruitment - $24,766 over budget – High turnover of staff and costs associated with relocation to Manjimup;
Building Licence Fees / Amendments / Extensions – Due to amendments to the Building Act significantly less income was received in this area;
Windy Harbour – Camping Ground Fees $23,046 ahead of budget – Windy Harbour staff have seen a very busy season this was assisted by Easter not being part of the School Holidays, meaning there was an extra extended break during the busy season;
Interest Reserve/Municipal Funds $86,074 ahead of budget – Council has held significant funds in income generating accounts for most of the year.
Works & Services – Salaries $70,708 over budget – To the 30 June 2013 there has been significant Long Service Leave taken or paid out by Works staff. The assessed value to date is $83,555.
Following is the list of Shire of Manjimup internal Departments and their effect on the carried forward position;
|
Shire of Manjimup Carry Forward Surplus Estimate to 30 June 2013 |
|
|
|
(Surplus)/Deficit |
|
CORPORATE DIRECTORATE |
|
|
Corporate Management |
10,732.37 |
|
Business & Marketing |
(6,021.79) |
|
Occupational Health & Safety |
1,612.49 |
|
Information, Comm & Technology |
(4,763.17) |
|
Corporate Directorate Total |
1,559.90 |
|
|
|
|
STATUTORY SERVICES DIRECTORATE |
|
|
Administration & Finance |
(65,121.52) |
|
Ranger Services |
20,526.02 |
|
Emergency Services |
7,216.55 |
|
Fire Prevention |
360.37 |
|
Environmental Health Services |
(21,892.05) |
|
Northcliffe Town Hall |
(2,767.23) |
|
Building Services |
(13,381.96) |
|
Manjimup Community Centre |
(5,244.22) |
|
Planning & Sustainability |
2,248.99 |
|
Statutory Services Directorate Total |
(78,055.05) |
|
|
|
|
COMMUNITY SERVICES DIRECTORATE |
|
|
Home & Community Care |
0.00 |
|
Windy Harbour |
693.61 |
|
Community Services |
1,813.81 |
|
Youth Development |
(14,143.18) |
|
Community Bus |
2,960.03 |
|
Manjimup Timber Park & Museum |
(5,922.20) |
|
Manjimup Indoor Sports Pavilion |
(2,603.93) |
|
Manjimup Vacation Care |
(65.35) |
|
Manjimup Regional AquaCentre |
(323.70) |
|
Library & Information Services |
(2,059.73) |
|
Community Services Directorate Total |
(19,650.64) |
|
|
|
|
WORKS & SERVICES DIRECTORATE |
|
|
Waste Management |
0.00 |
|
Technical Services |
(37,629.00) |
|
Works & Services |
66,615.42 |
|
Mechanical Workshop |
16,969.14 |
|
Parks & Gardens |
(37,679.94) |
|
Works & Services Directorate Total |
8,275.62 |
|
|
|
|
Capital Expenditure |
86,339.17 |
|
|
|
|
Total Carry Forward Surplus 2012/2013 |
(1,531.00) |
STATUTORY ENVIRONMENT:
Section 6.8 Local Government Act and Financial Management Regulation 34
Policy / Strategic Implications:
Nil
Financial Implications:
As described in above summary.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Financial Activity Statement Report to the end of June 2013 as per Attachment: 9.5.6 (1).
|
Moved: Jones, J Seconded: Tapley, D
That Council receive the Financial Activity Statement Report to the end of June 2013 as per Attachment: 9.5.6 (1).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.6.3 Naming of the new Playground - Manjimup Timber and Heritage Park
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Reserve 26199 – Manjimup Timber and Heritage Park |
|
WARD: |
Central |
|
ZONE: |
Parks and Recreation |
|
DIVISION: |
Works and Services |
|
FILE REFERENCE: |
WRK9/4, R26199 |
|
LEGISLATION: |
Local Government Act 1995 and the Geographic Names Committee WA - Principles, Guidelines and Procedures. |
|
AUTHOR: |
Jade DeCampo |
|
DATE OF REPORT: |
31/07/2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
A request has been received to name the new playground in the Manjimup Timber and Heritage Park. A map showing the location of the playground is attached.
ATTACHMENT: 9.6.3(1)
Council has not previously determined to name this playground or playgrounds in general. Accordingly, prior to considering the request, it is necessary to determine whether Council does desire to name the playground, and if so, a reasonable and consultative process to select a name
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
Naming of the new playground in the Manjimup Timber and Heritage Park is not something that has previously been contemplated by Council. As a result, there has not been an opportunity as a whole to consider whether or not the playground should be named and whether or not there is a community member that should be recognised through the naming of the playground. Accordingly, prior to discussing the efficacy of the current request, it is recommended that Council consider whether, should it be desirable to name the playground, a more open opportunity should be provided.
The current request has been provided with a request to keep the name confidential. This is not possible, as the name will have to be determined by Council by resolution and it is reasonable to expect that Council will consult the community on the name. However, in the absence of a decision to allocate a name, and in the absence of an equal opportunity for the community at large to propose a name, it is premature to consider the request. Should Council decide to name the playground, it is recommended that the current request be included in the possible list of names for consideration. At that time, the proposed name will need to be made public.
The actual concept of naming the playground has merit. The playground is a major facility that is intended to draw new residents and visitors to Manjimup. An appropriate and fitting name can assist in the marketing of the facility. Accordingly, the concept of naming the playground, in this instance is supported.
In order to allow the community at large an opportunity to contribute to developing the right name for the playground, it is recommended that the opportunity be given through public notice and a requirement that any proposed name be accompanied with enough information to allow the merits of each suggestion to be weighed.
STATUTORY ENVIRONMENT:
Local Government Act 1995 and the Geographic Names Committee WA - Principles, Guidelines and Procedures.
Policy / Strategic Implications:
Naming playgrounds in general would be an administrative burden with limited benefit. However, in this case, the naming of the iconic playground in the district and perhaps the South West, is considered to have merit.
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: As per the policy statement.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Support the naming of the new playground in the Manjimup Timber and Heritage Park; and
2. Instructs the Chief Executive Office to request playground name suggestions and background information through a four week consultation period.
|
Moved: Jones, J Seconded: Tapley, D
That Council: 1. Support the naming of the new playground in the Manjimup Timber and Heritage Park; and 2. Instructs the Chief Executive Office to request playground name suggestions and background information through a four week consultation period.
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.15.1 Minutes of the Northcliffe Forest Park Management Committee Meeting held 22 May 2013 and 17 July 2013
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Northcliffe Forest Park |
|
WARD: |
Coastal |
|
ZONE: |
N/A |
|
DIVISION: |
Works and Services |
|
FILE REFERENCE: |
TPL6/26 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Nicole Booth |
|
DATE OF REPORT: |
5/08/2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
Minutes of the Northcliffe Forest Park Management Committee Meetings held 22 May 2013 and 17 July 2013 are attached.
ATTACHMENT: 9.15.1(1)
ATTACHMENT: 9.15.1(2)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There was no resolutions requiring a decision of Council at either the meeting of 22 May 2013 or 17 July 2013.
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 minutes of the Northcliffe Forest Park Management Committee of 22 May 2013 and 17 July 2013 as included in attachments 9.15.1(1) and 9.15.1(2).
|
Moved: Jones, J Seconded: Tapley, D
That Council receive the minutes of the Northcliffe Forest Park Management Committee of 22 May 2013 and 17 July 2013 as included in attachments 9.15.1(1) and 9.15.1(2).
ADOPTED BY EN BLOC RESOLUTION: 10/0 |
9.16.1 Minutes of the Manjimup Timber and Heritage Park Advisory Committee Meeting held 11 June 2013
|
PROPONENT: |
Shire of Manjimup |
|
OWNER: |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Rose 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: |
13 August 2013
|
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
The unconfirmed Minutes of the Manjimup Timber and Heritage Park Advisory Committee meeting held on the 11 June 2013 are attached.
ATTACHMENT: 9.16.1(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There are no recommendations requiring a decision of Council.
STATUTORY ENVIRONMENT:
Local Government Act 1995
Policy / Strategic Implications:
· Manjimup Timber and Heritage Park Management and Development Plan 2008.
· Manjimup SuperTown Growth plan recommendations.
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
That Council receive the unconfirmed minutes of the Manjimup Timber and Heritage Park Advisory Committee meeting held 11 June 2013 as per Attachment: 9.16.1(1).
Councillor Taylor declared an Financial Interest in this item as he is a next door neighbour . Cr Taylor did not speak or vote on the matter and left the Chambers at 5.40pm.
9.5.1 Windy Harbour Tenants at Will - Sites 13, 34, 57, 60, 240 and 253
|
PROPONENT |
Various |
|
OWNER |
Crown (Management Order to Shire) |
|
LOCATION / ADDRESS: |
Reserve 38881 Windy Harbour |
|
WARD: |
Coastal Ward |
|
ZONE: |
Special Use Zone No 5 |
|
DIVISION: |
Statutory Services |
|
FILE REFERENCE: |
PRO8/8 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
8 August 2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
There are currently six lease sites at Windy Harbour for which Council has previously ceased renewing the annual leases and declared the occupants to be tenants at will due to them not complying with outstanding building works. These are:
|
Tenants at Will |
Site |
|
HK & BK Orr |
13 |
|
PM McLeish & PM Plante |
34 |
|
J Mills |
57 |
|
JR Hemsley & LJ Gallaher |
60 |
|
B Dennis |
240 |
|
J & J Clifford |
253 |
Due to varying circumstances Council has previously addressed these six tenants at will in different stages.
At the meeting of 5 July 2012 Council made the following resolution:
3. advise the following leaseholders that
(a) Council will not consider renewal of their leases until the outstanding building works have been completed; and
(b) during this time they are “tenants at will” only of the Shire of Manjimup;
|
Leaseholder/s |
Site |
|
HK & BK Orr |
13 |
|
PM McLeish & PM Plante |
34 |
|
JR Hemsley & LJ Gallaher |
60 |
At the meeting of 7 March 2013 Council made the following resolution:
1. As the ‘landowner’ authorise a planning application for Site 57 Windy Harbour; subject to the non related works on the existing inspection report being completed;
3. Advise Brian Dennis, the tenant at will of Site 240 Windy Harbour, that the outstanding works must be completed by 30 June 2013 and during this time he remains a ‘tenant at will’ only of the Shire of Manjimup; and
4. Advise John and Janet Clifford, the tenants at will of Site 253 Windy Harbour, that the outstanding works must be completed by 30 June 2013 and during this time they remain ‘tenants at will’ only of the Shire of Manjimup.
A reinspection of these lease sites was conducted on 8 August 2013 and the outcome of these inspections is now being reported to Council.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The outstanding works for Sites 13, 34 and 60 from their existing inspection reports have now been completed and it is recommended that Council reinstate their annual leases. Once the annual leases have been reinstated the Lessees will be given the option of applying for a 20 year lease.
The items on the existing inspection report for Site 57 not related to the planning application have been completed and the planning application will now be processed. Janice Mills will remain a tenant at will until all items on the existing inspection report have been completed under planning approval.
The outstanding works for Site 253 have been attended to. However, two items have been completed in a way that is non compliant with the Building Act. This includes one set of steps that have been removed instead of repaired and a barricade put in place, the barricade is required to be replaced with fixed balustrade. Another set of steps and handrail have been replaced, but are not compliant. These issues of non compliance were not directly on the existing inspection report from 2007, therefore given the works have been attended to it is recommended to reinstate the annual lease, with the Lessee then being responsible for ensuring compliance under normal processes.
The only outstanding item for Site 240 is the external painting of one wall. The initial inspection report was dated 16 October 2008. Mr Dennis was first declared a tenant at will by Council on 7 July 2011.
STATUTORY ENVIRONMENT:
The Department of Local Government has advised that Windy Harbour leases are considered residential and therefore under s30(2)(g) of the Local Government (Functions and General) Regulations 1996 are exempt from s3.58 of the Local Government Act 1995 relating to the requirements for disposal of Council land.
Each lease and any subsequent renewals or transfers must receive the approval of the Minister for Lands in accordance with section 18 of the Land Administration Act.
Policy / Strategic Implications:
In accord with Council policy 3.4.2 Windy Harbour Leases, each site must comply with the Building Act 2011 and the Health Act 1911.
Financial Implications:
Council imposes rates and an annual lease fee on each Windy Harbour lease site, which the tenants at will have been required to continue to pay while they remain in occupation of the respective sites.
Sustainability:
Environmental: Nil
Economic: Nil
Social: All Windy Harbour leaseholders are required to comply with Council’s building inspections.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Acknowledge completion of the outstanding works of the existing inspection reports and therefore reinstate the annual leases over the following portions of Reserve 38881 until midnight on 30 June 2014; subject to the approval of the Minister for Lands:
|
Leaseholders |
Site |
|
Hugh & Barbara Orr |
13 |
|
Phillip McLeish & Petronella Plante |
34 |
|
John Hemsley & Leesa Gallaher |
60 |
|
John & Janet Clifford |
253 |
2. Note that the following will remain ‘tenants at will’ only of the Shire of Manjimup, until the outstanding building works are completed:
|
Tenant at Will |
Site |
|
Janice Mills |
57 |
|
Brian Dennis |
240 |
|
Moved: Jenkins, D Seconded: Curo, R
That Council: 1. Acknowledge completion of the outstanding works of the existing inspection reports and therefore reinstate the annual leases over the following portions of Reserve 38881 until midnight on 30 June 2014; subject to the approval of the Minister for Lands:
2. Note that the following will remain ‘tenants at will’ only of the Shire of Manjimup, until the outstanding building works are completed:
CARRIED: 9/0 |
Councillor Taylor returned to the Chambers at 5.41pm.
9.5.2 Windy Harbour Lease Transfer - Site 128
|
PROPONENT |
Geoffrey & Dorothy Edwards and Robyn Turner |
|
OWNER |
Crown (Management Order to Shire) |
|
LOCATION / ADDRESS: |
Site 128 Windy Harbour Rd, Windy Harbour |
|
WARD: |
Coastal |
|
ZONE: |
Special Use Zone No 5 |
|
DIVISION: |
Statutory Services |
|
FILE REFERENCE: |
P52925 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
7 August 2013 |
|
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.
Geoffrey and Dorothy Edwards hold a 20 year lease over Site 128 Windy Harbour and have requested to transfer the lease to their daughter, Robyn Turner.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
Prior to the issue or transfer of a 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 last completed for the initial 20 year lease approval in 2003, as is the case with a number of Windy Harbour leases. Council may approve the transfer, subject to an inspection at a later date being complied with.
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.
The Department of Local Government has also advised that a transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view.
Each lease and any subsequent transfers must receive the approval of the Minister for Lands in accordance with section 18 of the Land Administration Act 1997.
Policy / Strategic Implications:
The lease transfer is in accord with Council Policy 3.4.2 Windy Harbour Leases.
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.
Sustainability:
Environmental: The lease sites are well established and there are no environmental effects anticipated from transferring the 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 approve the transfer of the lease over Site 128 Windy Harbour from Geoffrey and Dorothy Turner to Robyn Leanne Turner; subject to:
1. compliance with the inspection report requirements for Site 128 Windy Harbour within 90 days of the date of an inspection; and
2. approval from the Minister for Lands.
|
Moved: Taylor, R Seconded: Daubney, L
That Council approve the transfer of the lease over Site 128 Windy Harbour from Geoffrey and Dorothy Edwards to Robyn Leanne Turner; subject to: 1. compliance with the inspection report requirements for Site 128 Windy Harbour within 90 days of the date of an inspection; and 2. approval from the Minister for Lands.
CARRIED: 10/0 |
Councillor Taylor declared a Financial Interest in this item as he is an electrical contractor and quoted on underground service left the Chambers at 5.42pm.
9.6.1 Tender Consideration - Underground Electrical Connections to 47 Dwellings, Manjimup RFT 1-13
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
Central |
|
ZONE: |
N/A |
|
DIVISION: |
Works and Services |
|
FILE REFERENCE: |
TPL 21/12; TPL 21/6 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Doug Elkins |
|
DATE OF REPORT: |
1/08/2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
As a result of the State Government’s SuperTown initiative, the Shire of Manjimup has been granted approximately $5.7 million to progress the revitalisation and refurbishment of the Manjimup town centre area. Included within this funding is an amount of $2 million for the undergrounding of power on the South West Highway/Mottram Street between the North Arch and Pritchard Street.
Where underground power works for the Shire have occurred in the past, included within the Western Power scope of works has been the removal of overhead lines to individual properties, and the subsequent installation of the new underground cables. For an unexplained reason, Western Power no longer include this part of the project within the scope of works. Instead, the client (i.e. the Shire of Manjimup) is required to undertake specialist electrical work on behalf of the State’s specialist electrical authority.
As a consequence of the house connection component of the underground power project being the responsibility of the Shire, it has been necessary for a tender to be called to engage a suitably qualified electrician. The purpose of this report is for Council to determine the tender.
PUBLIC Consultation Undertaken:
Nil. Public advertising of the tender was in the form of an advertisement in the West Australian Newspaper on Saturday 13 July 2013, and in the Manjimup Bridgetown Times on Wednesday 17 July 2013.
COMMENT (Includes Options):
As a result of the tender process, six offers, in the form of tenders, have been submitted. In accordance with normal practice, the tenders have been assessed against qualitative criteria, to create a ranking of the suitability of each tenderer, and then assessed against the submitted prices to determine the most advantageous tenderer in terms of both price and suitability to undertake the contracted works. In this case, as the underground power project falls within the scope of the Shire’s SuperTown consultant’s (Opus International Consultants (‘Opus’)) contract, the assessment of the tenders has been carried out jointly by an officer from Opus and by the Author.
The following table shows the outcome of the qualitative scores as assessed.
|
Relevant Experience |
Key Personnel Skill and Experience |
Tenderer’s Resources |
|
|
Warren Electrical Service |
10 |
10 |
10 |
|
Advance power |
10 |
7.5 |
10 |
|
Holdens Electrical Contracting |
10 |
10 |
10 |
|
Oracle Energy |
10 |
10 |
10 |
|
Manjimup Pump and Electrical |
10 |
10 |
10 |
|
McGinty Electrics |
10 |
10 |
10 |
Based on the submitted information, each of the tenderers is considered to be capable of completing the works. Due to the general suitability of the tenderers, price becomes the significant consideration of this assessment. The submitted GST exclusive prices, along with a price ranking, are included in the following table.
|
Submitted Price |
Regional Price Preference Adjusted Price |
Ranking |
|
|
Warren Electrical Service |
$83,023 |
$79,833 |
4 |
|
Advance power |
$77,073 |
3 |
|
|
Holdens Electrical Contracting |
$169,199 |
6 |
|
|
Oracle Energy |
$148,003 |
5 |
|
|
Manjimup Pump and Electrical |
$61,285 |
$57,246 |
1 |
|
McGinty Electrics |
$70,972 |
$66,643 |
2 |
Recommendation
Based on their capacity to complete the works, and superior price, it is recommended that Council award the tender to Manjimup Pump and Electrical.
STATUTORY ENVIRONMENT:
The Local Government (Functions and General) Regulations 1996 (‘Regulations’) detail the tender requirements for Local Government procurement of goods or services exceeding $100,000 in value. The followed process, complies with the requirements of the Regulations.
Policy / Strategic Implications:
The underground electrical connections is a small part of the bigger Town Centre Revitalisation project funded by the State Government SuperTown initiative.
Financial Implications:
The total project value is $2m. Included in the total project is an allowance for this component.
Sustainability:
Environmental:
Economic: The intent of the total project is to grow the prosperity of the town through the creation of a space that attracts outside investment and encourages new residents to town. While not the intent of the project, it is expected that the ‘new Manjimup’ will encourage visitors to town. It is also expected that a more attractive and better serviced town centre will enlarge the catchment by encouraging people on the cusp to do more shopping in Manjimup, rather than Bunbury, Busselton or Albany.
Social:
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council award tender 1/13, Underground Electrical Connections to 47 Dwellings, Manjimup, to Stanley-Smith Family Trust trading as Manjimup Pump and Electrical Shop, for the consideration of $61,285 (excluding GST).
|
Moved: Daubney, L Seconded: Fahey, T
That Council award tender 1/13, Underground Electrical Connections to 47 Dwellings, Manjimup, to Stanley-Smith Family Trust trading as Manjimup Pump and Electrical Shop, for the consideration of $61,285 (excluding GST).
CARRIED: 9/0 |
9.6.2 Tender Consideration - Supply Only / Supply and Install Option of Street Light Poles - Manjimup, RFT 2-13
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
Central |
|
ZONE: |
N/A |
|
DIVISION: |
Works and Services |
|
FILE REFERENCE: |
TPL 21/12; TPL 21/6 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Doug Elkins |
|
DATE OF REPORT: |
8/08/2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
As a result of the State Government’s SuperTown initiative, the Shire of Manjimup has been granted approximately $5.7 million to progress the revitalisation and refurbishment of the Manjimup town centre area. Included within this funding is an amount of $2 million for the undergrounding of power on the South West Highway/Mottram Street between the North Arch and Pritchard Street.
Ordinarily, when Western Power are engaged to underground power, included within the scope of works is the installation of new street lighting. In accordance with normal practice, the original project to underground power along Mottram Street/South West Highway included the installation of new street lighting. However, as there is proposed to be road widening and the installation of a roundabout into the future, it was determined that the use of a private streetlight system would be beneficial. The basis of this decision is the notoriously long time it takes for Western Power to respond to requests to relocate infrastructure. Using a private streetlight system, relocation of the streetlight poles can be at the leisure of the Shire or Main Roads.
As the streetlight installation is to be in the form of a private supply, it has been necessary to call a tender for the supply of poles. Other aspects of the installation (lights and electrical work) will be undertaken by separate tender or quotation as required.
The streetlight poles will be hinged so that light globes and light cells can be changed from the ground.
PUBLIC Consultation Undertaken:
Public advertising of the tender was in the form of an advertisement in the West Australian Newspaper on Saturday 13 July 2013, and in the Manjimup Bridgetown Times on Wednesday 17 July 2013.
COMMENT (Includes Options):
As a result of the tender process, sixteen offers, in the form of tenders or tender options, have been submitted. In accordance with normal practice, the tenders have been assessed against qualitative criteria, to create a ranking of the suitability of each tenderer, and then assessed against the submitted prices to determine the most advantageous tenderer in terms of both price and suitability to undertake the contracted works. In this case, as the underground power project falls within the scope of the Shire’s SuperTown consultant’s (Opus International Consultants (‘Opus’)) contract, the assessment of the tenders has been carried out jointly by an officer from Opus and by the Author.
Notably, in some cases, scores have been marked down where an installation contractor has included pole supply in their tender. The justification for the low score is that the installation contractor did not provide details of the pole supplier, so there was no certainty as to the ability to deliver. This will result in a skew to the scores that is likely to misguide the ultimate decision. Finally, it became evident during the assessment that a number of contractors made an error in pricing the screw footing option and included only a supply price. While Council could hold a contractor to this price, it would be an unnecessarily painful exercise and will likely considerably delay project delivery. Accordingly, where this has been identified (and this has been confirmed with a clarification from several tenderers), these prices have been excluded from the consideration.
The following table shows the outcome of the qualitative scores as assessed and the GST inclusive tendered price.
|
Tenderer |
Price per pole |
Demonstrated Ability to Supply |
Tenderer’s Resources |
Qualitative Score
|
Price Score |
Total Score |
Rank |
|
Keslake Group Pty Ltd |
$2,297 |
7.5 |
20 |
27.5 |
50 |
77.5 |
5 |
|
Bunbury Electrical Service Contracting & Engineering |
$3,876 |
30 |
20 |
50 |
10 |
60 |
8 |
|
Bunbury Electrical Service Contracting & Engineering |
$3,084 |
30 |
20 |
50 |
25 |
75 |
6 |
|
Interpole Pty Ltd |
$4,841 |
27.5 |
2.5 |
30 |
5 |
35 |
15 |
|
RCP Group Innovations Pty Ltd |
$4,841 |
27.5 |
5 |
32.5 |
5 |
37.5 |
14 |
|
Powerlines Plus Pty Ltd |
$3,840 |
10 |
20 |
30 |
20 |
50 |
11 |
|
Hender Lee Electrical and Instrumentation Contractors Pty Ltd |
$3,433 |
30 |
20 |
50 |
25 |
75 |
6 |
|
Hayman Industries Pty Ltd |
$2,396 |
30 |
20 |
50 |
50 |
100 |
1 |
|
Oracle Energy Pty Ltd |
$3,700 |
7.5 |
20 |
27.5 |
25 |
52.5 |
10 |
|
Custom Poles Australia Pty Ltd |
$1,969 |
20 |
20 |
40 |
50 |
90 |
2 |
|
MCE |
$2,761 |
30 |
20 |
50 |
40 |
90 |
2 |
|
GUS |
$3,897 |
7.5 |
20 |
27.5 |
20 |
47.5 |
12 |
|
Interlec |
$3,805 |
7.5 |
20 |
27.5 |
20 |
47.5 |
12 |
|
AD Coote |
$2,752 |
30 |
20 |
50 |
40 |
90 |
2 |
|
Auspole |
$3,658 |
15 |
15 |
30 |
25 |
55 |
9 |
Based on the assessment for the supply and delivery of poles, Hayman Industries Pty Ltd is the preferred supplier. However, a close second on the assessment is Custom Poles Pty Ltd with a score of 90%. Relevantly, the total cost difference between these two tenders is $27,173 (excluding GST). In this circumstance, considering the high score of both tenderers, when measured against 15 submitted tenders, selecting the most preferential price seems to be a reasonable method of making the final selection between the two. Accordingly, should Council determine to award only the supply component of this tender, it is recommended that the tender be awarded to Custom Poles Australia Pty Ltd.
The tender also requested a price to combine the installation of the poles with the supply. The decision to structure the tender in this way was based on previous experience of suppliers providing the full service. In this instance, however, the majority of submitted tenders were from installers, who intended to source poles from a wholesaler. The consequence being that the supply price for the installers was greater than the supply price for the manufacturer so that awarding a package has a financial consequence.
In some instances, contractors expressed a willingness to accept only the install component, being the part of the project of their interest. However, as the tender did not call for install only, the process is likely to have excluded other potential tenderers, particularly smaller local potential contractors who may not have been able to pre-fund the pole acquisition component of the project. Accordingly, if the tender is awarded on the basis of supply only, it is recommended that a tender for install be called separately. With the lead time on pole delivery being in the order of nine weeks, calling an install only tender can be accommodated within the current program.
It is the officer’s recommendation that the supply component of the tender be awarded only and that the install component be retendered. For this reason assessment information for the supply and install option (including price) has not been included in this report. However, should Councillors desire this information; this can be provided to Councillors separately.
Recommendation
It is recommended that Council award tender RFT 2-13 Supply Only/Supply and Install Option of Light Poles – Manjimup to Custom Poles Australia Pty Ltd for the supply component only.
STATUTORY ENVIRONMENT:
The Local Government (Functions and General) Regulations 1996 (‘Regulations’) detail the tender requirements for Local Government procurement of goods or services exceeding $100,000 in value. The followed process, complies with the requirements of the Regulations.
Policy / Strategic Implications:
The provision of streetlight poles is a small part of the bigger Town Centre Revitalisation project funded by the State Government SuperTown initiative.
Financial Implications:
The total project value is $2 million. Included in the total project is an allowance for this component.
Sustainability:
Environmental:
Economic: The intent of the total project is to grow the prosperity of the town through the creation of a space that attracts outside investment and encourages new residents to town. While not the intent of the project, it is expected that the ‘new Manjimup’ will encourage visitors to town. It is also expected that a more attractive and better serviced town centre will enlarge the catchment by encouraging people on the cusp to do more shopping in Manjimup, rather than Bunbury, Busselton or Albany.
Social:
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council award tender 2/13, Supply Only/Supply and Install Option of Street Light Poles – Manjimup, to Custom Poles Australia Pty Ltd for the supply only option, at the tendered price of $1,969 (including GST) per pole.
|
Moved: Jones, J Seconded: Fahey, T
That Council award tender 2/13, Supply Only/Supply and Install Option of Street Light Poles – Manjimup, to Custom Poles Australia Pty Ltd for the supply only option, at the tendered price of $1,969 (including GST) per pole.
CARRIED: 9/0 |
Councillor Taylor returned to the Chambers at 544pm.
ATTACHMENT
9.7.1 Adoption of Policy - 10.1.8, Salvage of Fallen Naturally Occuring Timber in Road Reserves
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
Whole of Shire |
|
ZONE: |
Local Road |
|
DIVISION: |
Works and Services |
|
FILE REFERENCE: |
WRK4/2; WRK 11/2 |
|
LEGISLATION: |
Local Government Act 1995; Conservation and Land Management Act 1984; Land Administration Act 1997 |
|
AUTHOR: |
Doug Elkins |
|
DATE OF REPORT: |
5/08/2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
Due to the large number of naturally occurring trees within the road reserves under the care, control and management of the Shire of Manjimup, it is necessary to have in place a policy to guide various aspects of the management of these trees. Accordingly, Council is asked to consider a draft policy intended to guide the management of naturally occurring timber that falls within the road reserve, including the salvage or sale of the timber to the general community. A copy of the draft policy is attached.
ATTACHMENT: 9.7.1(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
Prior to considering this policy, it is relevant for Council to note that Council is generally not responsible for self sown naturally occurring trees within the road reserve. This is the case notwithstanding the Shire is the occupier of the road reserve, through the vesting of roads in the Shire, and therefore essentially the owner of the trees. Although Council may not ‘generally’ be responsible for trees, Council is still the manager of the road and is responsible for managing reasonable risks within the road reserves. Accordingly, where there is a conflict between these issues, there is likely an obligation on the Council to act.
The intent of this policy is not to address all liability issues created by the existence of roadside trees. Such a policy is required and is currently being developed for future Council consideration. This particular policy is intended to detail the actions to be taken where self sown naturally occurring timber, from the road reserve, falls. The policy also does not address the hierarchy of response to trees over roads, which is already addressed within Council policy 9.1.14, Road Hierarchy.
For the most part, the policy reflects current practice. That is, in rural areas, trees that fall on the road are pushed off the road far enough to not pose a hazard. Also, where trees or branches fall over fences, unless the tree or branch creates a roadside hazard, the tree is left where it falls. An exception to this general practice, however, is to provide assistance with particularly large trees, by making a cut either side of the fence so that the fence can be reinstated.
In the case of rural areas, the current practice is based on the general lack of liability for the naturally occurring trees, and the normal situation of rural landowners owning chainsaws and quite often tractors. The exception is made with particularly large trees as it is not common to own the large chainsaws required. While this may not be a responsibility of Council, it does seem to be a reasonable service to provide. Accordingly, where a tree exceeds 900mm in diameter, if requested, this service is provided.
Also current practice in rural areas is assisting where self sown naturally occurring trees fall over the primary driveway. In this case, on request, trees greater than 450mm in diameter are cleared from the driveway.
Not included in the policy, but common practice, is to provide additional assistance to the elderly in rural areas, such as removing smaller trees from fences.
In the case of urban areas, the policy reflects the higher standard expected within the streetscape, and recognises the generally lower capacity of the landowner to deal with a fallen tree. Accordingly the policy requires fallen trees, greater than 250mm in diameter, to be removed from the property. In addition, except when the streetscape aesthetically allows, fallen trees are removed from the roadside.
The other major part of the policy is the salvage of timber. The policy recognises that the timber within the road reserve is the property of the Shire and the Shire therefore has the right to benefit from any value in the timber. In view of the Shire also having to remove the same timber from the road, and undertake various management activities to protect road users from falling timber, it is also reasonable for the Council to benefit from this value. The policy extends this concept to also provide some benefit to the adjacent landowner, who may also have to accept the consequence of a tree falling across his/her fence. Under the draft policy, where the Council does not desire the timber, it is proposed the timber be made available to the adjacent landowner at no charge (the landowner will have to safely remove the timber from the roadside). In essence, the Council always has first rights to the timber. This has not been a practice in the past.
The draft policy also considers the benefit of offsetting clearing costs through the value of timber. It has been practice in the past to assist landowners with the cost of clearing the roadside by allowing the value of any merchantable timber to be offset against this cost. The policy supports this practice with the caveats that any financial return greater than the cost of removal are to be remitted to Council, and any timber that is desired for public works will not be sold to offset costs.
The final aspect of the policy is the salvage of timber where it is not desired by either the Council or the adjacent landowner. This does not reflect any current practice and is, therefore, the main section for Council’s review. In the case of non-adjacent landowners, the mere gifting of high value timber appears unreasonable, and creates the risk that an industry of removing roadside trees is created. In recognition that the timber has a value, the policy requires that any timber desired by someone other than the adjacent landowner, or the Council, is sold at 30% of its green density mill value. This value, while in essence arbitrary, is intended to strike a balance between the cost of buying the same timber from a mill and the actual reward if the cost of the felling, loading and carting had to be funded in a normal harvesting operation.
In this case it is not proposed to undertake any public consultation. The policy generally reflects current practice other than making timber available for sale to the general public. As private requests for access to roadside timber have only been received from a single person in the past five years it is not considered that this particular part of the policy is of significant interest to the public at large. Accordingly, it is recommended that Council resolve to adopt the policy.
STATUTORY ENVIRONMENT:
The combination of the Local Government Act 1995 and the Land Administration Act 1997 vest roads in the care, control and management of the Shire. Common law related to occupation of land creates the ownership in the trees.
The Conservation and Land Management Act 1984 sets out the rules and approvals for dealing with native timber.
Policy / Strategic Implications:
Nil.
Financial Implications:
Nil
Sustainability:
Environmental: There is value in retaining fallen timber on roadside verges for use as habitat. The proposed policy does not suggest wholesale timber removal. Milling timber for use in structures or furniture creates carbon sinks.
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt draft policy 10.1.8 Salvage of Fallen Naturally Occurring Timber in Roads Reserves, as included in attachment 9.7.1(1).
|
Moved: Tapley, D Seconded: Chodorowski, C
That Council adopt draft policy 10.1.8 Salvage of Fallen Naturally Occurring Timber in Roads Reserves, as included in attachment 9.7.1(1).
CARRIED: 10/0 |
9.9.1 Adoption of the Shire of Manjimup Access & Inclusion Plan 2013-2023
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
Whole of Shire |
|
ZONE: |
Whole of Shire |
|
DIVISION: |
Community Services |
|
FILE REFERENCE: |
WLF 9/12 |
|
LEGISLATION: |
Disability Services Act 1993 (WA) |
|
AUTHOR: |
Hsien Harper |
|
DATE OF REPORT: |
9/08/2013 |
|
DECLARATION OF INTEREST: |
Nil |
|
SIGNATURE: |
|
Background:
Council endorsed a draft Access and Inclusion Plan 2013-2018 for the purposes of undertaking public consultation at its Ordinary Meeting of 11 July 2013.
The purpose of this report is to seek Council approval to adopt the final Shire of Manjimup Access and Inclusion Plan 2013-2018 (Version 3). The Plan is attached.
ATTACHMENT: 9.9.1(1)
PUBLIC CONSULTATION
The Plan’s scope covers the whole of shire and therefore public comment was sought as broadly as possible. Key stakeholders were also identified and directly targeted. Furthermore, as the Plan's scope impacts on all employed and elected members of the Shire of Manjimup, the Plan was provided directly to these persons.
The public comment period was open for 21 days from Monday 15 July to Monday 5 August 2013. The draft document was available on the Shire of Manjimup Website (for download), Administration Counter (for pick up) and at the Public Libraries (for viewing).
The draft document was also direct mailed to more than 30 identified stakeholders, a media statement was released and a public notice placed in the Manjimup Bridgetown Times, along with a notice in the regularly featured 'Shire Scene'.
Thirteen community members attended five face to face discussions with the Senior Community Development Officer and two public submissions were made in writing.
COMMENT (Includes Options):
Overall the feedback from the community and key stakeholders was significantly positive and there is enthusiasm for Council to adopt and resource this Plan. The following written comments were received:
1. Three submissions were received internally from Human Resources, Rangers and Building Services. Minor amendments were made to the draft Plan in light of advice from the relevant Managers.
2. Sue Henson, Senior Disability Access and Inclusion Officer, Disability Services Commission provided feedback that resulted in minor amendments.
3. Peter Smith, Manager, Pemberton Community Resource Centre (CRC) made the following comments in relation to the draft Plan:
|
Area of Comment |
Comment |
Officer's Comment |
|
General |
The CRC welcomes the overall aims of the Plan and supports the Shire's efforts in making services and activities in our Shire available to all. |
Comment is noted. |
|
Strategy 2.1 page 22 |
Access for the disabled and those with prams or other bulky items is not easily possible at the CRC. For most people in these categories, access via the Pemberton Visitor Centre (PVC) at the other end of the old school buildings, nearly 100m away. Access is further complicated by the fact that the CRC and PVC do not have the same opening hours and the CRC does not have keyed access to the PVC front door. The CRC would welcome and support any efforts by the Shire as landlord of the building to better enable access to the CRC. |
Comment is noted and query will be dealt with separately and administratively |
|
Appendix A page 37 |
This section refers to the improving accessibility at various CRCs including Pemberton since 1994. Although it is possible that some work in this area was undertaken in the 1990s, given the comments noted above, perhaps this comment could be re-drafted. |
Agreed. The section refers to improvements that have now been outdated by significantly greater standards. The references to these improvements have been removed. |
Summary of Significant Change
Three new Strategies have been included in the Plan in light of discussions and further research undertaken during the public consultation period. All three Strategies related to Outcome 9: The Shire of Manjimup provides information and encouragement to the community regarding access and inclusion.
9.7 Advocate for and support the process to develop improved public transport delivery and options in the Warren Blackwood.
The delivery and availability of public transport is of particular concern for people with disabilities. This Strategy is also reflected as a key priority for seniors, youth and members of the community who have limited access to private vehicles due to illness, injury or cost. This Strategy requires the Shire to host a ‘Warren Blackwood Public Transport Forum’ in Manjimup and involves key stakeholders inclusive of private, commercial, government and social interests. The outcomes of the Forum are recorded and a relevant course of action pursued by the Shire.
9.8 Advocate for the ongoing improvement to broadband and other communications technology infrastructure throughout the Shire.
The availability of reliable internet and telecommunications is of particular concern for people with disabilities. This Strategy is also reflected as a key priority for youth, small business and isolated communities with limited access to services, information or social connections.
9.9 Where spaces are available in relevant access and inclusion training courses provided to Shire employees those spaces will be offered to members of the local community at cost.
This Strategy highlights that any ‘empty chairs’ available at relevant access and inclusion training courses can be filled by members of the community at cost price.
Matters for Referral to the Access and Inclusion Advisory Committee
The following issues or comments were raised in the course of discussions during public meetings. It is recommended the matters be considered by the Shire of Manjimup Access and Inclusion Advisory Committee for investigation and recommendations:
1. Queries were made as to whether it is possible to provide shelter for ACROD parking bays – concerns were raised about how long it can take to get in and out of a vehicle particularly in the event of heavy rain. This requires investigation and an assessment on whether the creation of undercover parking is practical and reasonable.
2. There is a lack of clarity around the laws and rules associated with motorised chairs (i.e. Gophers), such as speed limits and whether they are permitted in buildings. This requires investigation and potentially a policy or accord.
3. The customer services counter at the Shire’s Administration building is very tall. Queries were made as to what modifications can be done to enable respectful service of people in wheelchairs (eg. Cut out a section to lower part of the service bench).
STATUTORY ENVIRONMENT:
· Disability Discrimination Act 1992 (Cth)
· Equal Opportunity Act 1984 (WA)
· Disability Services Act 1993 (WA)
· Building Act 2011 (WA)
· Building Code of Australia
· Disability (Access to Premises Buildings) Standards 2010, under the Disability Discrimination Act 1992 (Cth)
· Australian Standard 1428—Design for Access and Mobility
Policy / Strategic Implications:
The Disability Services Act 1993 (WA) requires local government authorities to develop and implement Access and Inclusion Plans. To comply with the Act, the Shire of Manjimup is required to:
· Develop a Plan that meets the seven Standards (or Outcomes) in Schedule 2 of the Disability Services Regulations.
· Lodge its current Plan with the Disability Services Commission.
· Take all practicable measures to ensure that the Plan is implemented by the Shire of Manjimup, its officers, employees, and relevant agents and contractors, including Councillors and volunteers.
· Review the Plan at least every five years.
· Undertake public consultations, as specified in the regulations, when preparing, reviewing or amending the Plan.
· Report to the Disability Services Commission by 31 July each year on progress made and strategies used by the Shire of Manjimup and any agents or contractors.
· Report in the Shire of Manjimup Annual Report about the implementation of the Plan.
Financial Implications:
There are no additional financial implications to those already accommodated in the Shire's current operating budget. The implementation of the Plan on an ongoing basis may have financial implications for Council when determining the five-year Corporate Business Plan and annual budget priorities however the majority of the resources required are already absorbed into existing work schedules and budget allocations. Please see the projected budget contained in the draft Plan.
Sustainability:
Environmental: The Plan seeks to maintain outcomes and strategies that will enhance the accessibility of our built environment with little or no impact on the natural environment. Please refer to the outcomes listed under “Environmental Planning and Sustainability”.
Economic: The Plan seeks to maintain outcomes and strategies that will facilitate access to employment and training opportunities at the Shire of Manjimup. Please refer to the outcomes listed under “Economic Growth and Development”.
Social: The Plan seeks to maintain outcomes and strategies that will significantly enhance social inclusion outcomes. Please refer to the outcomes listed under “Social Inclusion” and “Civic Leadership”.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt the attached Shire of Manjimup Access and Inclusion Plan 2013-2018 as contained in Attachment: 9.9.1(1).
|
Moved: Tapley, D Seconded: Jenkins, D
That Council adopt the attached Shire of Manjimup Access and Inclusion Plan 2013-2018 as contained in Attachment: 9.9.1(1).
CARRIED: 10/0 |
|
|
11.1 Response to previous questions from members taken on notice. Nil
11.2 Questions from members. Nil
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: nil:
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:
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Moved: Jenkins, D Seconded: Chodorowski, C
That Council consider new business of an urgent nature regarding the employment of displaced ACTIV supported workers.
CARRIED: 10/0 |
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Moved: Jenkins, D Seconded: Taylor, R
That Council:
CARRIED: 10/0 |
14. MEETING CLOSED TO PUBLIC:
14.1 Matters for which the meeting may be closed. Nil
14.2 Public reading of resolutions that may be made public. Nil
15. APPLICATIONS FOR LEAVE OF ABSENCE FROM FOLLOWING MEETING/S:
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Moved: Jones, J Seconded: Jenkins, D
That Councillor Lynn Daubney be granted a Leave of Absence for the meeting to be held 12 September 2013. CARRIED:10/0 |
16. CLOSURE:
There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 5.47pm.