Minutes of Ordinary Council

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 60 of the Agenda with the exception of:

9.1.3	Request for Consent to Advertise draft Local Planning Policy 6.1.35 Greenland Estate Residential Development Standards
9.1.4	Windy Harbour Infill Development Planning Report
9.5.1	Windy Harbour Lease Transfer - Site 61
9.5.2	Windy Harbour Lease Transfer - Site 87
9.5.3	Setting of Windy Harbour Lease Fees for 2014/15
9.5.5	Annual Budget 2014/15
9.5.7	Northcliffe Retirement Village Inc Land Aquisition - Reserves 41910 and 18729

CARRIED: 9/0

Items passed by En Bloc Resolution

9.1.1 WA Biomass Community Reference Group

9.1.2 Consideration of Submissions and Final Adoption of Scheme Amendment No.8 - Pemberton Light Industrial Area

9.5.4 Council Financial Payments June 2014

9.5.6 Monthly Financial Activity Statement - June 2014

9.7.1 Request to Name Bourne Street Manjimup

9.9.1 April to June 2014 Quarterly Report - Community Services Directorate

9.13.1 Community Satisfaction Survey 2014

9.13.2 Review of Council Policy 2.3.2 Vehicle Specifications

9.15.1 Minutes of the Northcliffe Forest Park Management Committee Meeting held 9 July 2014

9.16.1 Minutes of the Walpole Townscape Meeting held Thursday 10 July 2014

ATTACHMENT

9.1.1 WA Biomass Community Reference Group

PROPONENT	WA Biomass
OWNER	WA Biomass
LOCATION / ADDRESS:	Diamond Mill, Eastbourne Road, Diamond Tree
WARD:	West
ZONE:	State Forest and Other Forest Reserves
DIVISION:	Statutory Services
FILE REFERENCE:	TPL 6/37
LEGISLATION:	Planning and Development Act 2005 Local Government Act 1995
AUTHOR:	Roy Winslow
DATE OF REPORT:	21/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council granted conditional planning approval for the development of a Biomass Electricity Generating Plant at Diamond Mill on 16 April 2009.

The conditional approval included Condition 25 as follows:

Prior to the commencement of development on the site, arrangements satisfactory to the Shire’s Chief Executive Officer being made by the proponents to establish (and fund the ongoing operation of) a Community Reference Group which shall be an Advisory Committee of Council. The composition of the group shall be to the satisfaction of the Council and which shall report to both the proponents/operators of the Plant and the Council. The purpose of this Group shall be:-

• for those reasons specified in the Application for Planning Approval;

• to monitor reports prepared and submitted in accordance with the Public Environmental Review and the conditions of approval imposed by the Hon Minister for the Environment as set out in the Statement that a Proposal may be Implemented (Statement 791);

• to investigate and make recommendations regarding any complaints that may be received concerning the operation of the Biomass Power Plant; and

• to evaluate and make recommendations on any other issues that result from the operations of the Biomass Power Plant.

The activities of the Consultative Reference Group shall be open to public scrutiny. (Planning Services)

The purpose of this report is for Council to consider a request from WA Biomass for the Community Reference Group (CRG) not to be formed as a formal Advisory Committee of Council. The purpose and intent of the Committee is not proposed to be altered from the terms set by the planning approval.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The request from WA Biomass for Council to modify Condition 25 is attached.

ATTACHMENT: 9.1.1(1)

Whilst not outlined in the request letter, the ‘procedural difficulties’ referred to are understood to relate to the need for the CRG to be appropriately separated from the Shire’s regulatory obligations in ensuring compliance with the conditions of the planning approval and other relevant legislation. The establishment of a formal committee of Council under the Local Government Act would reduce the independence of the CRG, notwithstanding its membership may contain Shire councillors and/or staff.

Shire staff have reviewed the information provided to Council when making its determination of the development. This review identified the prudence for a CRG to be established but remained silent on how it should be formed and administered. Whilst the Council decision required the CRG to be formed as an Advisory Committee of Council, there was no discussion in the report as to why this was considered necessary. It is also noted that formulation of the CRG was originally proposed in the application put forward by the Proponents rather than a requirement that came out of the Shire’s deliberations. This indicates a genuine willingness by the Proponent to have a CRG rather than it being obligated by Council.

On reflection, Shire staff have identified a number of ‘pros’ and cons’ to having the CRG formulated as a committee of Council, namely:

‘Pros’

‘Cons’

· Provides a clear administrative framework and reporting structure.

· Requires any decisions recommended by the committee to be ratified by Council, ensuring appropriate scrutiny of committee decision.

· Ensures public transparency using the Local Government Act and the Shire’s Standing Orders Local Law.

· Will be governed by formal meeting requirements, in particular the need for members to declare financial and other interests and comply with the Shire’s Standing Orders Local Law.

· Will not have any decision-making ability with all committee recommendations remaining subject to Council endorsement. However, the terms of reference for the CRG will not be limited to matters controlled by the Shire. Therefore, the need for Council to ratify CRG decisions outside of local government matters is questionable.

· The local government committee process is not intended to be used for matters outside of the realm of local government operations. In this case the CRG will be providing input into the development and operation of a private development rather than the operations of the Shire itself.

· Separation between the statutory compliance roles of the Shire and the CRG is unclear.

Whilst there are a number of positive attributes to the CRG being a formal committee of Council, these can be readily replicated outside of this process. In particular, regular and transparent reporting of CRG meetings back to Council can be accommodated through the normal processes used by Council. Whilst Council will not be in control of the CRG, it will still be invited to be involved through Councillor and/or staff representation. It will also continue to have oversight over the composition of the CRG and will consider recommendations from the CRG on matters within local government jurisdiction.

In order for the CRG to be an effective conduit between the local community and the Proponent, the Shire will need to be involved in the formulation and operation of the Group. However, by not being responsible for its operation, the Shire will remain unfettered in its ability to monitor compliance with the conditions of planning approval and the carrying out of its duties under the relevant planning, building and environmental health legislation.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005 and Local Government Act 1995.

Policy / Strategic Implications:

Removal of the need for the CRG to be a formal committee of Council will not affect its terms of reference or the need for it to meet the requirements of Condition 25 of the 2009 planning approval.

Financial Implications:

Removal of the need for the CRG to be a formal committee of Council is unlikely to have a significant financial impact on the Shire. Councillor and staff time spent on CRG business is expected to remain at similar levels.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Some elements of the Community may consider it necessary for the CRG to be controlled by the Shire to ensure transparency. However, the ability for the Shire to independently undertake its regulatory obligations, as they relate to the development, separate from the CRG or the Proponent, is also likely to find support in the community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council removes the obligation for the Community Reference Group for the Biomass Electricity Generating Plant to be an Advisory Committee of Council, subject to all other requirements of Condition 25 of the Planning Approval granted on 16 April 2009 being carried out to the satisfaction of the local government.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26090

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

APPENDIX

9.1.2 Consideration of Submissions and Final Adoption of Scheme Amendment No.8 - Pemberton Light Industrial Area

PROPONENT	Shire of Manjimup
OWNER	State of Western Australia
LOCATION / ADDRESS:	Lots 299, 350, Part of 4477, 10626, 10627 and 11162 near Dickinson Street, Pemberton.
WARD:	West
ZONE:	General Agriculture and Parks & Recreation
DIVISION:	Statutory Services
FILE REFERENCE:	LPS 4/8
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	31 July 2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

At its Ordinary Meeting on 1 August 2013, Council resolved to advertise a proposed Amendment over Lots 299, 350, part of 4477, 10626, 10627 and 11162 near Dickinson Street, Pemberton.

The purpose of Amendment No.8 is to extend Development Investigation Area No. 21 over Lot 350, Lot 11162, Lot 299, Lot 10626, Lot 10627 and portion of Lot 4477 near Dickinson Street, Pemberton.

Six sites for the development of a Light Industrial Area (LIA) have been formally identified and considered by Council over time. Of these, all but one have been abandoned as further investigation has confirmed that they are not suited to the purpose.

The site that remains, focussed on Lot 299 near Dickenson Street, remains the only site that shows potential for development as a local industrial precinct. The purpose of this amendment is to incorporate this land into a formal Development Investigation Area (DIA) under the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) to protect the site from incompatible uses while more detailed planning, including a Structure Plan, is undertaken in accordance with existing Scheme provisions.

To provide the appropriate background and rationale, a copy of the Amendment is appended.

APPENDIX: 9.1.2(A)

Advertising of the proposed Amendment was undertaken in accordance with the 1 August 2013 resolution. A total of twelve (12) agency submissions and five (5) public submissions were received. No late submissions were received.

The purpose of this report is to consider the content of the submissions received and to recommend a course of action to Council in advancing the Amendment.

PUBLIC Consultation Undertaken:

A formal 42-day public submission period was undertaken between 22 January 2014 and 7 March 2014 in accordance with the Town Planning Regulations 1967 and Council’s resolution of 1 August 2013.

Advertising was undertaken by a newspaper notice in the Manjimup-Bridgetown Times on 22 January 2014.

Including the Environmental Protection Authority advice, a total of seventeen (17) submissions were received. These have been summarised in the Schedule of Submissions attached.

ATTACHMENT: 9.1.2(1)

The content of the submissions will be considered in the Comment Section below.

COMMENT (Includes Options):

Amendment Process

The generalised amendment process is appended. This Amendment is currently at Stage 6 – consideration of submissions. Should Council consider it appropriate, the Amendment will move onto Stage 7 – final adoption.

APPENDIX: 9.1.2(B)

Main Issues raised in Submissions

All comments made in the submissions are summarised in the Schedule of Submissions. However, the main issues that were raised are discussed below.

Buffer Zones/Vegetation Protection

A number of the submissions from residents in Dickinson Street raised concerns about the amount of land to be used as a buffer zone between the Tourist Enterprise zoned area and the future LIA itself. A number of residents also highlighted that the amenity of the locality would be affected by any removal of vegetation. Given these reservations, a majority of the submissions wish to see Lots 11162, 4477 and 10627 excluded from the DIA. Shire staff anticipate that any future Structure Plan for development would set aside these lots as a buffer zone to the properties on Dickinson Street. However, to address the submissions, it is recommended that the Amendment be modified to state that the “Parks and Recreation” zoning remain for these lots in the event of any future development within the DIA, essentially keeping this area as a buffer to any future development from properties on Dickinson Street.

Drainage/Water Quality

A number of the submissions highlighted that the Dickinson Street area suffers from poor drainage and any future development may compound the existing drainage issue in the area significantly. One resident, who utilises a well for their domestic water supply, also held concerns that the water quality in the area would decline should an LIA be situated nearby. The Amendment makes provision for a Local Water Management Strategy (LWMS) to manage the movement of water and ensure adequate drainage exists to accommodate any proposed development. The Water Corporation and Department of Health have requested that any future Industrial zoned lots be connected to the local sewerage conveyance system. This connection coupled with the LWMS, is intended to protect any local domestic water source from contamination. This is expected to be enforced as a condition of any future subdivision. No modification of the Amendment is required to address this issue.

Vehicular Access to Vasse Hwy

Several submissions from Dickinson Street residents and Main Roads Western Australia (MRWA) recognise and support the Amendment’s requirement that the main access way into any future LIA is to be from the direction of Vasse Highway, and not Dickinson Street. This requirement is set in the Amendment document. Shire staff consider Dickinson Street inappropriate to be used as the main access into any future LIA, given its proximity to Residential and Tourist Enterprise areas. No modification of the Amendment is required.

Schedule of Modifications

In order to address the content of the submissions, Shire staff recommend modifications to the Amendment be requested of the Minister for Planning as attached.

ATTACHMENT: 9.1.2(2)

Conclusion

The submissions received have identified general support for the intent of the proposal. One modification to the Amendment is recommended to address the submissions. Other matters raised in the submissions either do not warrant modification of the amendment or can be dealt with at subdivision stage.

Shire staff recommend the Amendment be adopted, subject to the item in the Schedule of Modifications being considered by the Minister of Planning.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Town Planning Regulations 1967 and Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

Compliance with Council’s Local Planning Strategy is discussed above. Although the site identified differs from that identified in the current Strategy, the concept of providing a local industrial area to support growth in Pemberton is still relevant.

Financial Implications:

Nil.

Sustainability:

Environmental: A full environmental assessment of the site has been conducted to support any future rezoning and structure planning exercise. This assessment identified no significant environmental constraints that would prevent further investigation of the site’s suitability for industrial development.

Economic: The lack of a suitable local industrial area in a town the size of Pemberton is a significant economic disadvantage. Any ultimate realisation of this project will endeavour to rectify this.

Social: The need for continued consultation with a variety of stakeholders is envisaged at both this stage and in future stages of the project.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In pursuance of section 75 of the Planning and Development Act 2005 and Regulation 17(2) of Town Planning Regulations 1967 adopts with modifications Amendment No.8 to Shire of Manjimup Local Planning Scheme No.4 as appended at 9.1.2(A);

2. In pursuance of Regulation 18 (1)(a) of the Town Planning Regulations 1967 endorses the Schedule of Submissions relating to Amendment No.8 as attached at 9.1.2(1);

3. In pursuance of Regulation 18 (1)(c) of the Town Planning Regulations 1967 endorses the Schedule of Modifications relating to Amendment No.8 as attached at 9.1.2(2) and requests that these be incorporated into Amendment No.8 by the Minister of Planning; and

4. Authorises the Shire President and Chief Executive Officer to execute and place the Common Seal on the documents for Amendment No.8.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26091

That Council:

2. In pursuance of Regulation 18 (1)(a) of the Town Planning Regulations 1967 endorses the Schedule of Submissions relating to Amendment No.8 as attached at 9.1.2(1);

4. Authorises the Shire President and Chief Executive Officer to execute and place the Common Seal on the documents for Amendment No.8.

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.4 Council Financial Payments June 2014

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:
ZONE:	Whole of Shire
DIVISION:	Statutory Services
FILE REFERENCE:	FNC9
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	31 July 2014
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.

Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $1,893,170.87 for the month of June 2014 are itemised in the attachment.

ATTACHMENT: 9.5.4(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 14 August 2014.

Fund	Vouchers	Amount
Municipal	83204 - 83685	$1,892,970.87
Trust Fund	2895	$200.00
Total Cheques for Month of June 2014		$1,893,170.87

Corporate Credit Card May 2014 – Municipal Account

20030.25.57

Dingup House Manjimup

Meals - Rio Tinto GM Visit cr:1 st:2 ns:5

$540.00

20215.358.57

Australian Library & Deakin Membership Org.

NSS Balloons & Stickers

$58.00

20219.29.57

WALGA West Perth

Registration DCS in LG & Afford Housing

$165.00

20219.29.57

Wotif

Accommodation for DCS Affordable Housing Forum - Fraser Suites Perth

$164.50

20049.197.57

Top Notch Cafe

SMT meeting st:5

$67.60

85.4250.7324.57

Australian Fitness Caulfield

Exercise guidelines for CR Conditions

$220.00

20221.197.57

Fraser Suites Perth

DCS Meals for Affordable Housing Forum

$80.19

3005.436.99

Apple Online Store

Iphone 5s 16gb for Andy Johns

$833.80

20026.81.58

Corporate Travel Management Brisbane

Service Fee for Flight - National General Assembly Shire President

$45.10

20026.81.52

Corporate Travel Management Brisbane

Service Fee for Flight – National General Assembly DWS

$45.10

20026.81.58

Qantas Airways Ltd

Flight for Shire President to attend National General Assembly

$646.35

20410.198.52

Qantas Airways Ltd

Flight for DWS to Attend National General Assembly

$646.35

TK191.6.57

Western Power Head Office Perth

Application – High Load Movement

$120.00

Total Credit Card Payment (May 2014)

$3,631.99

Corporate Credit Card June 2014 – Municipal Account

20033.197.57	Birdcage Cafe Bunbury Refreshments for Meeting		$28.00
20052.198.52	ADINA Apartment Hotel Perth Accommodation OHSO		$525.77
80.4080.3240.57	Paypal HTA SM 4F4 (Sporting Goods Store) Electronic Equipment		$488.00
P218.2.57	Gull Settlers Roadhouse Myalup Fuel WA1012 37.89L Diesel - Affordable Housing Forum		$60.59
20221.196.57	Museums Australia Membership		$220.00
20221.612.57	Online Applications Perth Occasional Liquor Application		$51.00
20221.196.57	Our Community Pty Ltd Membership		$330.00
20441.197.57	Emporium Bistro Working Life Hub Launch st:1 vol:1		$40.50
20221.197.57	City Of Bunbury Parking for Housing Forum SWDC – HACC/Community		$4.20
20221.197.57	Henrys Cafe Bunbury Lunch for MHS & DCS – Housing Forum		$29.60
20113.197.57 20221.196.57	Rawlinsons Publishing Rivervale Construction Cost Guide		$133.00 $133.00
20221.197.52	Top Notch Cafe SMT meeting		$74.00
20418.198.52	Comfort Hotel Perth Accommodation – Tracey Crombie -Wilson		$469.44
20410.198.58	Corporate Travel Management Brisbane Service Fee - Qantas Flight to Canberra		$84.70
20410.198.58	Qantas Airways Ltd Flights to Canberra – Doug Elkins		$743.15
20049.197.57	Top Notch Cafe SMT meeting st:4		$81.10
54.2911.2281.50	Dept Environment Perth Clearing Application Perup Road		$200.00
20410.198.52	All costs associated with Accommodation, Meals & Travel for Australian General Assembly Canberra – DWS		$1,635.50
20026.81.58	All costs associated with Accommodation, Meals & Travel for Australian General Assembly Canberra – Shire President		$1,635.50
20410.198.52	BRR Trust Busselton Accommodation for Cr Logan & Cr Winfield – Land Use Planning		$334.94
20026.81.58	City Stay Apartments West Perth Cancellation of accommodation Cr Logan for Land Use Training – Rescheduled Stayed at Busselton River Resort (above)		(-$175.00)
Total Credit Card Payment			$7,126.99
Total Payments for the month June 2014		$1,900,297.86

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 2014 totalling $1,900,297.86 as detailed in Attachment: 9.5.4(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26092

That Council receive the accounts paid during June 2014 totalling $1,900,297.86 as detailed in Attachment: 9.5.4(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.6 Monthly Financial Activity Statement - June 2014

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:	4 August 2014
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 2014 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 performance for the Shire of Manjimup to the 30 June 2014 is projected to have a surplus position of $1,365,993.

The $1,365,993 projected surplus does not take into account the carry forward jobs that will form part of the 2014/2015 adopted budget, once the carry forwards have been deducted there is a modest surplus of $6,983 to the 30 June 2014.

The Shire of Manjimup has had a very challenging 2013/2014 financial year, with significant weather events, withdrawal of key capital funding, as well as carrying out major projects like the Supertown Townsite Revitalisation and Ag Expansion Project. Both financial and human resources have been tested during the year and the minor surplus position is a positive outcome from what was a difficult year.

The May 2014 Monthly Financial Activity Statement reported a significant deficit position of $105,681, the surplus position has been somewhat tempered with the offset of unexpected costs with reserve payments. One of the major influences for the deficit position was the payment of accrued Long Service Leave and Annual Leave to long term employees that have left the organisation. These payments have been significant, and the total for Long Service Leave alone is $154,800.

At the very beginning of the financial year $1,857,612 worth of grants were withdrawn by the State, this has had a significant effect on the Shire of Manjimup road infrastructure program, and looks to have influenced the Works Directorate projected end of year position. With the removal of road projects, pressure shifted to maintenance jobs, maintenance exceeded budget by $187,200. The budgeted over expenditure is proposed to be funded by;

· $50,000 reduction in Plant income to reserve. The Property Care Team over recouped plant income on jobs, this caused an over expenditure on Parks jobs;

· $58,000 reduction in Gravel income to Construction Resource and Research Reserve. Road Maintenance jobs are over budget, the cause for some of that expenditure is the charging of gravel to jobs, so it would be appropriate that this area of reserve funding be affected.

· $65,000 transfer from the Road Grant and Latent Conditions Reserve. The purpose of this reserve is “for the co-funding of road grants, moderate fluctuations in road grant funding from year to year and allocation to cover over expenditure on capital budgets resulting from latent conditions”. Due to the withdrawal of significant capital funding in 2013/14 it is proposed that this reserve assist in funding the shortfall.

Other major items affecting the deficit position are;

Recruitment Costs $47,546 over budget

The Shire has seen a higher than normal turnover of staff at the management level, the subsequent appointments have seen relocations from Queensland, Victoria, Ceduna, Perth and Vietnam. With relocation costs taking up nearly half the whole year budget, and traditional advertising mediums getting more costly, this budget may need to be reviewed as part of the 2014/15 budget process. This projected over expenditure also includes the costs associated with the CEO recruitment process.

Storm Damage $73,277 net over budget

As discussed in previous reports Storm Damage is an item that has definitely influenced Council’s deficit position at 30 June 2014. Total expenditure for Storm Damage was $283,777 being $172,277 but has been reduced by the claim to the State for $99,000 back to an over spend of $74,277.

Insurance $34,166 over budget

When setting the 2013/2014 budget significant increases were expected for Council’s insurance needs and adjusted for when adopting the budget. After receiving the final insurance premium accounts it is projected insurance will be approximately $34,000 over budget. Motor Vehicle and Building insurance are the main contributors to the increase. Insurance is an overhead to the whole organisation so this increase will be charged back across all departments.

Bonus Payment – EA2012-2015 $55,000 unbudgeted

Under the Shire of Manjimup Enterprise Agreement 2012-2015, at the 30 June 2014 if the results from the Customer Satisfaction Survey show an increased satisfaction of 1%, each permanent Council staff member receives a bonus payment of $250. This is paid at $250 per percent improvement capped at $500. The Community satisfaction improvement was in excess of 11% so the capped amount was paid to each permanent employee or a pro rata portion for permanent part time employees.

Interim Rates $17,394

When setting the 2013/2014 budget a conservative figure was projected for income from Interim Rates, to date Interim Rates actuals are $18,620 above budget. These Rates are generated from a change in value of properties from development for both residential and commercial.

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 2014 as per Attachment: 9.5.6 (1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26093

That Council receive the Financial Activity Statement Report to the end of June 2014 as per Attachment: 9.5.6 (1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.7.1 Request to Name Bourne Street Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Hospital Ave, Mottram St Manjimup
WARD:	Central
ZONE:	Residential
DIVISION:	Works and Services
FILE REFERENCE:	WRK9/4
LEGISLATION:	Local government Act 1995, Geographic Names Committee WA – Principles, Guidelines and Procedures
AUTHOR:	Jodie Wallingford
DATE OF REPORT:	10/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The section of road, as shown in the attachment, off Hospital Ave Manjimup, allows access to two properties. Currently these two properties do not have street addresses that comply with the Landgate Street Numbering Policy. In order to number these residential houses, the access road fronting these properties needs to be named.

ATTACHMENT: 9.7.1(1)

At its Ordinary Meeting, held on 15 May 2014, Council resolved to complete the process of public consultation to determine the support of the name Bourne Street in the Manjimup community. The required advertising has now concluded.

PUBLIC Consultation Undertaken:

As required, public comment was invited via a newspaper advert on the 28 May 2014. No submissions were received.

COMMENT (Includes Options):

Based on the lack of public comment it is recommended that Council support the naming of Bourne Street Manjimup.

STATUTORY ENVIRONMENT:

Local Government Act 1995 and the Geographic Names Committee WA – Principles, Guidelines and Procedures.

Policy / Strategic Implications:

Nil

Financial Implications:

New road name signs will need to be installed on Hospital Ave. This is a minor cost ordinarily absorbed in the Street Sign Budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council approve the naming of Bourne Street, Manjimup, as shown in attachment 9.7.1(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26094

That Council approve the naming of Bourne Street, Manjimup, as shown in attachment 9.7.1(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.13.1 Community Satisfaction Survey 2014

PROPONENT	Shire of Manjimup
OWNER
LOCATION / ADDRESS:
WARD:	Whole of Shire
ZONE:
DIVISION:	Corporate Services
FILE REFERENCE:	ADM 8/10 & DEP30
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	30/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The last Community Satisfaction Survey was conducted in 2011 and before that in 2008 and 1998.

The Shire of Manjimup’s Strategic Community Plan and Corporate Business Plan identifies the community satisfaction survey as a tool by which Council may utilise to partially determine the success or otherwise of progress towards its strategic objectives. The survey is not a statutory requirement but is useful to measure performance against strategic priorities.

Corporate and Regional Enterprise Consulting (“CARE”) were again engaged to undertake the survey having undertaken the previous three. The survey form was based on previous surveys for comparative analysis and mailed out in April 2014.

The final Community Satisfaction Study Report was received in July 2014. A copy of the report, including the survey document, is attached.

ATTACHMENT: 9.13.1(1)

The intention of this report is for Council to formally receive the report and to identify which recommendations are to be adopted and eventually be considered in the minor review of Council’s Strategic Community Plan and subsidiary documents in 2015.

PUBLIC Consultation Undertaken:

CARE mailed out the survey to 2000 residents on the 2013 electoral role using a random sampling methodology to ensure a fair spread of representation across the district. 17% of questionnaires were completed down on the previous return of 20% however this result is still statistically relevant.

COMMENT (Includes Options):

Summary of main findings and comments thereon

More than half (56%) of those surveyed were satisfied overall with the services and facilities provided by the Shire of Manjimup which is an increase of 11%. Just over one-fifth (22%) were dissatisfied which was a decrease of 6%. This pattern was a significant improvement to those Community Satisfaction Survey results reported in 2011, 2008 and 1998 whereby no overall deterioration or improvement in community satisfaction was seen over time.

It is likely that the considerable injection of funds into the community through Royalties for Regions programs such as SuperTowns has influenced the result. Whilst this may be true, it has been the hard work of Council and staff in working with the community to apply for and receive funding, plus delivering capital and operational programs to all communities. Other programs such as the consultation and delivery process of the Strategic Community Plan, an increase in profile of the Shire of Manjimup through local media and other consultation mechanisms, and the genuine focus of employees to improve customer service across all areas would all have contributed to the significant levels of improvement and can be considered to be a job well done but by no means finished in terms of potential improvement.

The study revealed the built environment, environmental balance, and public safety and access all had a strong influence on the communities’ level of overall satisfaction. Thus, to improve overall satisfaction from 2011 to 2014, improvement has occurred in those individual services/facilities with the greatest negative service delivery gaps in the areas of built environment and environmental balance.

Individual services/facilities with the greatest negative service delivery gaps were:

Ø Road maintenance

Ø Upgrading the road network

Ø Marketing and promotion of the region for tourism

Ø Economic development

Ø Communication and consultation with the community

Ø Drainage

Ø Youth opportunities

Road maintenance and upgrading the road network were also identified as top priorities for allocating any rates rises with participants wanting to see between 67% and 72% of any rates rise to be allocated to these two services/facilities.

Council was perceived to be performing especially well in the following areas:

Ø Libraries and information services

Ø General household rubbish collection

Ø Sport and recreation facilities

Ø Parks, playgrounds, POS and reserves

Ø Traffic flow in towns

Ø Recycling collection and sorting service [Council made major inroads in improving community satisfaction with recycling, reflecting Council’s decision to introduce a recycling collection service in January 2010].

The fact that the above area’s are performing well is appreciated and acknowledged in the Strategic Community Plan with the strategy of maintaining resources and service provision levels at current levels. Additional new resources are to be applied to those area’s where the Shire is significantly underperforming.

Recommendations

Conclusions and recommendations are outlined on page 63 of the report. A summary is provided below:

Recommendation 1

Council develops a set of performance targets for the next 3 years for:

a) Increasing the level of overall community satisfaction with Council performance; and

b) Improving community perceptions of Council performance in those critical service delivery areas requiring the most urgent Council attention as identified in the current community satisfaction survey. As a minimum this should include targets for – road maintenance and road network upgrading generally as well as for the specific aspects of the road network and corridors included in the survey, providing youth opportunities, economic development and the three most critical environmental management functions of fuel hazard reduction, reducing reliance on fossil fuels and better conservation and reuse of water.

Officer comment:

This recommendation is supported although measuring the increase in performance will be somewhat problematic given that the Community Satisfaction Survey needs to be realigned with the Strategic Community Plan. It is recommended that a new Community Satisfaction Survey is developed and tested in 2017 and that becomes the new benchmark to measure from.

In relation to the second part of the recommendation the Strategic Community Plan addresses most of these matters as priorities and the method to improve community perception on a range of Strategic Community Plan initiatives is integral to the organisations communication activities.

Recommendation 2

Council priorities for improving overall community satisfaction with Council performance should include developing strategies to enhance its performance in those service delivery areas with negative and borderline service delivery gaps, most importantly road maintenance, road network upgrading, providing youth opportunities and economic development.

Officer comment:

This recommendation is supported. The survey is a key consideration in the allocation of future funds to any of the services/facilities.

Recommendation 3

Council focuses its environmental management efforts on the three areas identified as the most critical environmental management functions to address - conserving or reusing water, reducing reliance on fossil fuels and reducing fuel hazards in Council managed reserves.

Officer comment:

This recommendation is supported. The Shire’s Sustainability Officer has developed an overall Shire strategy for environmental management. In addition to this Council continues with its successful Fuel Hazard Reduction program. Utilising a communication strategy is important to help residents understand what activities Council is undertaking in this area.

Recommendation 4

a) Council continues its efforts to improve its communication and consultation activities with the community in line with its established communication and consultation policy, strategy and framework as a strategy to promote community understanding of key issues, priorities and actions of the Shire, to enhance the level of community engagement and involvement in Council matters and to increase overall community satisfaction with Council performance.

b) Council uses its community communication and consultation activities as a mechanism for:

i) progressively informing and educating members of the community on the challenges of maintain and upgrading the Shire’s road network and Council’s actions to address these; and

ii) progressively inform and educate members of the community about its activities aimed at managing the natural environment so that people are better placed to rate Council performance on environmental management functions in future community satisfaction studies.

Officer comment:

This recommendation is supported. Helping residents to be better informed and understand the challenges (especially those associated with the road network) is likely to have an impact on their perception of Council performance trying to meet these challenges. This may best be achieved through a “Shire newsletter” which focuses on challenges faced and strategies to address.

Recommendation 5

Council continues to monitor overall community satisfaction and its performance on the critical services identified in the 2014 study as requiring Council attention against targets set on a regular basis (every 2-3 years subject to available funding) to help it assess the relative effectiveness of the strategies adopted to meet the set targets.

Officer comment:

This recommendation is supported.

Recommendation 6

a) For the next community satisfaction study, the Council reviews its ongoing use of a self-administered mail survey and explores alternative techniques for getting the feedback sought from the community with a view to gaining a higher community participation rate overall and greater representation from sub-groups of community members who have been greatly under represented using the current methodology; and

b) In future community satisfaction studies Council considers using a multi-pronged approach to gather the community feedback sought with an emphasis on targeting demographic subgroups via a variety techniques and methods proven to be attractive to the various segments of the community.

Officer comment:

This recommendation is supported. Greater community feedback would be beneficial to providing a higher degree of confidence in findings.

Recommendation 7

For the next community satisfaction study Council reviews the value of and how it uses the data gathered on community expectations of external funding for public services and facilities in its decision making. In the event of this information being central to decisions made, Council explores alternative means of engaging the community in a conversation on this issue to acquire the information needed.

Officer comment:

This recommendation is supported. This process becomes part of the overall input into the Strategic Community Plan. The future Community Satisfaction Survey will be evolved to reflect the direction of the Strategic Community Plan to enable the relevant community inputs to be included.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 requires that Council prepare a Strategic Community Plan and that this plan is required to have a major review every two years and a major review every four years. The Community Satisfaction Survey, whilst not a statutory requirement, is fundamental to Council understanding its communities needs in the course of reviewing its Strategy.

Policy / Strategic Implications:

As discussed in the report and above in this agenda item.

Financial Implications:

The cost of the survey, consultants, stationery and postage was $16,837 which was covered in the 2013/14 budget.

Sustainability:

Environmental: As listed above

Economic: As listed above

Social: Participation in the Community Satisfaction Survey is considered an important method by which residents can influence Council policy and strategy and can communicate to the Council perception of performance across various functions. It is important that the results of the survey are communicated back to community to demonstrate that their opinions are captured and noted.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receives the Community Satisfaction Study Report 2014 as contained in Attachment: 9.13.1(1) and makes the report publically available through the Shire’s website.

2. Accept recommendations 1 through 7 of the report, and takes these recommendations into account when undertaking a minor review of the Shire of Manjimup Strategic Community Plan in 2015.

3. Publicises the summary of the findings outlined above and thanks those residents who participated in the survey.

4. Thanks Dr Robyn Morris of Corporate and Regional Enterprise Consulting for the good work done preparing the report.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26096

That Council:

1. Receives the Community Satisfaction Study Report 2014 as contained in Attachment: 9.13.1(1) and makes the report publically available through the Shire’s website.

2. Accept recommendations 1 through 7 of the report, and takes these recommendations into account when undertaking a minor review of the Shire of Manjimup Strategic Community Plan in 2015.

3. Publicises the summary of the findings outlined above and thanks those residents who participated in the survey.

4. Thanks Dr Robyn Morris of Corporate and Regional Enterprise Consulting for the good work done preparing the report.

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

APPENDIX

9.13.2 Review of Council Policy 2.3.2 Vehicle Specifications

PROPONENT	Shire of Manjimup
OWNER	NA
LOCATION / ADDRESS:	NA
WARD:	NA
ZONE:	NA
DIVISION:	Corporate Services
FILE REFERENCE:	CNL12
LEGISLATION:	Local Government Act 1995
AUTHOR:	Doug Elkins
DATE OF REPORT:	1/08/2014
DECLARATION OF INTEREST:	The author is provided a vehicle, in accordance with this policy.
SIGNATURE:

Background:

Policies are generally reviewed every four years, or where there is a trigger for a change. In the case of the Vehicle Specification policy, the policy is due for review and is required to be updated to reflect recent and not so recent changes in the organisational structure.

The purpose of this report is to adopt an updated Vehicle Specification policy. A copy of the current policy is included in the appendix.

APPENDIX: 9.13.2(A)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The updated policy is attached. A commentary on the salient changes is contained below.

ATTACHMENT: 9.13.2(1)

Aside from this policy being due for review, a significant driver for review is the recent appointment of the Chief Executive Officer and the subsequent minor restructure of the organisation. The current policy does not reflect the new positions, as well as a number of existing positions, and is inconsistent to Council’s contracted obligations. For the most part, adjustments to the policy reflect these changes.

Other changes are as follows:

· Vehicle Colour – the current policy restricts vehicle colour to white. This restriction has two consequences. Firstly, white vehicles can at times be difficult to source. On a number of occasions, this restriction has resulted in acquisition delays and existing fleet vehicles accruing significant additional kilometers. In addition, in the case of the four wheel drive fleet, it is perceived that the colour selection is devaluing the vehicles on disposal. It is noted that white is the traditional colour of mining fleets, large utility companies and Government agencies, so that the Shire’s vehicles do not have any point of difference.

· Vehicle choice – the policy notes that the light vehicle fleet serves two purposes. The fleet is required to enable officers to effect the decisions of Council. By offering the fleet to officers, as part of their employment contract, the Council is able to take advantage of this investment to reduce salary costs. Council also gets the benefit of the State Government Vehicle contract, so is able to provide a vehicle at a substantially reduced cost. However, to be of benefit as a substitute for cash, the vehicle provided needs to strike a balance between the needs of officers and the operational needs of the organisation. The policy has been adjusted to provide some flexibility in vehicle selection by stipulating the form of vehicle required for a position and setting a basic vehicle for the position, representing the relative maximum capital value for the vehicle. This flexibility, under the policy, is restricted to the senior roles in the organisation, and only where there is private use under the conditions of employment. Notably, the remainder of the policy, relating to cost of ownership and regional price preferences, still apply.

· Standard Accessories – the policy has been adjusted to remove a number of accessories, and to detail specifics of particular positions.

Other than the allowance for colours other than white, the proposed amendments to the policy generally reflect current practice. The benefit of the current policy is that it creates a transparent methodology for flexibility, rather than relying on the discretion of the Chief Executive Officer. In reality, the selection and allocation of the light vehicle fleet, along with the negotiation of the salaries of individual officers, are operational matters. However, the light vehicle fleet represents a significant investment within the community, and Councilors ordinarily have an interest in ensuring the methodology of determining the fleet is robust. It is for this reason the fleet is elevated to the level of a Council policy.

It is recommended that Council adopt the updated policy as included in the attachments.

STATUTORY ENVIRONMENT:

The Local Government Act 1995, defines policy development as a principal role of the Council.

Policy / Strategic Implications:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Environment is an important consideration in buying a new vehicle. The proposed policy has been constructed to achieve a balance between “fit for purpose”, economic considerations, safety and environmental considerations including an assessment of the vehicle against the Green Vehicle Guide. Smaller vehicles with lower fuel consumption generally tend to

rate more highly from an environmental assessment perspective.

Economic: The cost of ownership is an effective way to determine the cost of providing a vehicle fleet and manage that cost accordingly. Whilst there is likely to be more administration involved in this approach, the net gain to Council should easily offset additional costs.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt policy 2.3.2, Vehicle Specifications, as included in attachment 9.13.2(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26097

That Council adopt policy 2.3.2, Vehicle Specifications, as included in attachment 9.13.2(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.15.1 Minutes of the Northcliffe Forest Park Management Committee Meeting held 9 July 2014

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:	15/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Minutes of the Northcliffe Forest Park Management Committee Meeting, held 9 July 2014.

ATTACHMENT: 9.15.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The minutes for the meeting held on 9 July 2014 contain no resolutions requiring a decision of Council.

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 for 9 July 2014 as included in Attachment: 9.15.1(1)

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26098

That Council receive the minutes of the Northcliffe Forest Park Management Committee for 9 July 2014 as included in Attachment: 9.15.1(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.16.1 Minutes of the Walpole Townscape Meeting held Thursday 10 July 2014

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole Townscape
WARD:	South
ZONE:
DIVISION:	Statutory Services
FILE REFERENCE:	TPL 8/5
LEGISLATION:	Local Government Act 1995
AUTHOR:	Karleha Brown
DATE OF REPORT:	15/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Attached are the minutes from the Walpole Townscape Committee meeting held 10 July 2014.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Walpole Townscape Committee reviewed the adopted Townscape Plan and the proposed modifications to Pioneer Park as part of the development of the Walpole Townscape.

It should be noted that no new resolutions were made by the Townscape Committee at this meeting that require the consideration of Council.

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 receives the unconfirmed minutes of the Walpole Townscape Committee held 10 July 2014 and the resolutions attached at 9.16.1(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Karamfiles, S

26099

That Council receives the unconfirmed minutes of the Walpole Townscape Committee held 10 July 2014 and the resolutions attached at 9.16.1(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

Cr Lynn Daubney advised that she has Financial Interest in the following 4 Items. Cr Daubney advised that she is the listing agent and a Sales Representative for LJ Hooker for this Item. Cr Daubney did not speak or vote on the matter and left the Chambers at 5.50pm.

ATTACHMENT

9.1.3 Request for Consent to Advertise draft Local Planning Policy 6.1.35 Greenland Estate Residential Development Standards

PROPONENT	Shire of Manjimup
OWNER	Greenland Pemberton Pty Ltd
LOCATION / ADDRESS:	Portions of Lot 1 Golf Links Road, Lots 200 & 801 Pemberton North Road and Lot 201 Vasse Highway, Pemberton
WARD:	West
ZONE:	Special Use No.7
DIVISION:	Statutory Services
FILE REFERENCE:	P57697
LEGISLATION:	Planning & Development Act 2005
AUTHOR:	Jason Giadresco
DATE OF REPORT:	31/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The purpose of this report is to seek Council support to release the draft Local Planning Policy LPS4 6.1.35 Greenland Estate Residential Development Standards (the Policy) for community and stakeholder comment. The draft policy is attached.

ATTACHMENT: 9.1.3(1)

The northern sections of Lots 1, 200, 201 & 801, adjacent to Golf Links Road, Pemberton were subdivided into thirty-two 1ha lots in September 2013, and are collectively referred to as Greenland Estate. The lots are currently zoned Special Use by the Scheme.

Schedule Six of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) requires that building design guidelines be devised for the Estate in order to achieve a high standard of development sympathetic to Pemberton’s character and climate that avoid standard metropolitan building designs and promote sustainability principles.

The creation of a Local Planning Policy for the Estate is considered by Shire staff as an appropriate vehicle to control residential development of the lots. The purpose of the Policy is to provide for a clear compilation of minimum development standards for the Estate.

PUBLIC Consultation Undertaken:

Nil at this stage.

COMMENT (Includes Options):

Rationale for the Policy

Shire staff have been working with the land developer to design a Policy that appropriately addresses the requirements of Schedule Six of the Scheme, the Structure Plan approved by Council and the Western Australian Planning Commission.

The general development of the lots will be based on the provisions of clause 5.36 Rural Residential Zone of the Scheme, with additional general development provisions to address development in buffer areas, water supply and specific building requirements. The local climate, heritage and sustainable design principles were also taken into consideration in the Policy’s formulation.

The Policy also aims to prevent the construction of ‘shed-like’ structures for habitation within the Estate, even if designed to meet the requirements of the Building Code of Australia. This type of ‘shed-like’ dwelling is not considered appropriate for the Estate given its lack of a ‘house’ aesthetic, and the proximity of these lots to tourist areas.

Policy Objectives

The objectives of this Policy are to:

(i) establish the minimum design requirements for the construction of dwellings on individual lots within the Estate.

(ii) provide a standard for development on lots within the Estate to be climate sensitive and promote sustainable principles.

(iii) achieve a consistency of residential development. Applications proposing the use of the ‘shed-like’ structures for habitation, even if designed to meet the requirements of the current Building Code of Australia, will not be supported by Council.

(iv) provide an interpretation of provisions stated in the Shire of Manjimup’s Local Planning Scheme No.4 relevant to the Estate.

This Policy will provide Council with a planning instrument to determine planning applications for residential development within the Estate. This will ensure that all assessments regarding development on the lots will be undertaken in a transparent and consistent manner. It will require advertising to the relevant surrounding landowners of any development application requesting a variation to the Policy. In the event of an objection to a development application, the matter will be referred to Council for consideration.

Consultation on draft Policy

Subject to Council resolving to adopt the draft Policy for advertising purposes, it will be advertised in accordance with clause 2.4.1 of the Scheme. This will require the notice of the intent to adopt a new Policy to be published once a week for two consecutive weeks in a newspaper circulating in the Scheme area and providing access to the draft Policy.

A consultation period of at least 21 days will be required, which will be undertaken should Council support the draft Policy. Once concluded, the Policy will be returned to Council for consideration in the light of any submissions received.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Part 2 of Shire of Manjimup Local Planning Scheme No.4.

Policy / Strategic Implications:

The draft Policy has been formulated having regard to the Scheme and it is considered that the Scheme, or Council’s other Policies, will not conflict with the draft Policy. However, this will need to be monitored and reviewed as appropriate over time.

Financial Implications:

Costs associated with advertising of the draft Policy will be borne by Council’s adopted Budget.

Sustainability:

Environmental: It is anticipated that the implementation of this Policy will establish a residential environment within Greenland Estate, ensuring that a minimum standard of design will be implemented in the Estate as well as preserving the vegetated buffer along Golf Links Road.

Economic: It is anticipated that the policy may have some impact on the values of property within the Estate. Generally, areas which have high design standard requirements are preferred by potential purchasers over those which don’t.

Social: Community expectation is that new developments are to be more attractive and better managed with some control of aesthetics.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with clause 2.4 of Shire of Manjimup Local Planning Scheme No. 4 adopts for the purposes of advertising draft Local Planning Policy LPS4 6.1.35 Greenland Estate Residential Development Standards in accordance with Attachment 9.1.3(1); and

2. Authorises the Chief Executive Officer to advertise draft Local Planning Policy LPS4 6.1.35 Greenland Estate Residential Development Standards in accordance with clause 2.4.1 of Shire of Manjimup Local Planning Scheme No. 4 prior to further consideration by Council.

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Chodorowski, C

26100

That Council:

CARRIED: 8/0

Cr Lynn Daubney advised that she has a Financial Interest in this item as she is the Leaseholder of Lot 114 Wind Harbour. Cr Daubney did not speak or vote on the matter.

ATTACHMENT

9.1.4 Windy Harbour Infill Development Planning Report

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Reserve 38881 Windy Harbour Road, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Area 5
DIVISION:	Planning and Sustainability
FILE REFERENCE:	PRO 8/17
LEGISLATION:	Local Government Act 1995
AUTHOR:	Karleha Brown
DATE OF REPORT:	19/07/2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Council is asked to consider the report prepared in accordance with Clause 10.2.4 Additional Leases and Plan Statement 8 – Additional Leases of the Windy Harbour Management Plan 2007 -2017 (WHMP).

The report collates the required surveys and assessments required to be undertaken to identify suitable locations for the proposed additional lease sites. The report justifies the site selection and layout of the lease areas adopted by Council in February 2014. A copy of the report including the completed surveys and assessments is attached.

ATTACHMENT: 9.1.4(1)

PUBLIC Consultation Undertaken:

As noted in the report presented to Council at the meeting held 13 February 2014, consultation with Windy Harbour Leaseholders has been undertaken in accordance with Council’s requirements.

COMMENT (Includes Options):

The WHMP under Plan Statement 8 – Additional Leases ‘E’ states:

“Council will prepare a report, as appropriate, addressing (but not necessarily limited to) the following:

· current use of site and adjoining land, and structures/services on and near the site;

· a detailed survey to AHD datum;

· biological features – including vegetation units/ecological communities (including any threatened ecological communities), flora and fauna (including any threatened or unusual species), vegetation condition (based on a recognised methodology), fauna habitat, weeds and pests, diseases (for example, dieback);

· soils and their characteristics, including land capability;

· hydrology, including the surface drainage and groundwater regime;

· a vegetation survey consistent with the advice in Environmental Protection Authority Guidance Statement No. 51;

· landscape analysis;

· fire hazard analysis;

· an assessment of traffic implications arising from the development of the site (both vehicular and pedestrian);

· a community impact statement examining the perceived positive and negative effects of the development on the existing users of Windy Harbour; and

· any other relevant issues.”

The report prepared by Shire staff demonstrates that the site selection, design and intended development controls being put in place for the new lease sites at Windy Harbour have appropriately addressed the range of criteria required by the WHMP.

STATUTORY ENVIRONMENT:

Windy Harbour Management Plan 2007 -2017 and the Local Government Act 1995.

Policy / Strategic Implications:

The WHMP is the guiding document in relation to additional lease development in Windy Harbour. Council should ensure it follows the guidance of this document wherever possible.

The sale of additional leases in the Windy Harbour settlement may allow Council to realise significant improvements in accordance with the WHMP. Without these funds it is unlikely that Council will be in a financial position to fund significant WHMP initiatives for the medium to longer term due to competing budgetary pressures across the Shire.

Financial Implications:

The surveys and assessments required by the WHMP as addressed above have been funded through the existing budget allocation set up for this project.

It should be noted that the proceeds from the sale of the additional leaseholds will be used to improve facilities within Windy Harbour, as described in clause 10.2.4 of the WHMP.

Sustainability:

Environmental: The report identifies that the additional leases can be developed in an environmentally sustainable manner.

Economic: Sale of the lease areas will allow the funds collected to be re-invested into infrastructure at the settlement.

Social: Consultation on the proposed lease area locations has been undertaken.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorses the Report prepared in accordance with clause 10.2.4 Additional Leases and Plan Statement 8 – Additional Leases of the Windy Harbour Management Plan 2007 -2017 as attached at 9.1.4(1).

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Chodorowski, C

26101

That Council endorses the Report prepared in accordance with clause 10.2.4 Additional Leases and Plan Statement 8 – Additional Leases of the Windy Harbour Management Plan 2007 -2017 as attached at 9.1.4(1).

CARRIED: 8/0

Cr Daubney advised that she has a Financial Interest in this Item as she is the Sales Representative for LJ Hooker Pemberton. Cr Daubney did not speak or vote on the matter.

9.5.1 Windy Harbour Lease Transfer - Site 61

PROPONENT	Peter Richards and Tammy Pegram Ian and Lucia Orr
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 61 Windy Harbour Rd, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIVISION:	Statutory Services
FILE REFERENCE:	P55500
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	22 July 2014
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.

Peter Richards and Tammy Pegram hold a 20 year lease over Site 61 Windy Harbour and have entered a contract for sale of the lease to Ian and Lucia Orr.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

A building inspection for this site was completed for the initial 20 year lease approval in 2002. In accordance with Policy 3.4.2 a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. As it has been more than five years since the building inspection it is recommended that Council provisionally consent to the transfer subject to compliance with a general condition assessment.

Ian and Lucia Orr have requested as a condition of the contract for sale that Council terminate the existing 20 year lease, from 14 March 2002 to 13 March 2022, and grant them a new lease with a full 20 year term.

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, which allows for the existing lease to be terminated and a new 20 year lease to be granted upon request.

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. In this instance the purchaser will also be responsible for the cost of surrendering the existing lease.

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:

1. Terminate, by mutual consent, the 20 year lease over Site 61 Windy Harbour between the Shire of Manjimup and Peter Robert Richards and Tammy Ann Pegram; and

2. Approve a 20 year lease over Site 61 Windy Harbour, commencing 14 August 2014, between the Shire of Manjimup and Ian James Orr and Lucia Pia Orr as Joint Tenants; subject to:

a) compliance with any work orders for Site 61 Windy Harbour within 90 days of the date of a general condition assessment; and

b) consent from the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Chodorowski, C

26102

That Council:

1. Terminate, by mutual consent, the 20 year lease over Site 61 Windy Harbour between the Shire of Manjimup and Peter Robert Richards and Tammy Ann Pegram; and

2. Approve a 20 year lease over Site 61 Windy Harbour, commencing 14 August 2014, between the Shire of Manjimup and Ian James Orr and Lucia Pia Orr as Joint Tenants; subject to:

a) compliance with any work orders for Site 61 Windy Harbour within 90 days of the date of a general condition assessment; and

b) consent from the Minister for Lands.

CARRIED: 8/0

Cr Daubney advised that she has a Financial Interest in this Item as she is a Sales Representative for LJ Hooker Pemberton. Cr Daubney did not speak or vote on the matter.

9.5.2 Windy Harbour Lease Transfer - Site 87

PROPONENT	Sharon Andrews Phillip and Lisa-Marie Thomas
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 87 Windy Harbour Road, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIVISION:	Statutory Services
FILE REFERENCE:	P57430
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	30 July 2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

Sharon Andrews holds a 20 year lease over Site 87 Windy Harbour and has entered a contract for sale of the lease to Phillip and Lisa-Marie Thomas.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A building inspection for Site 87 was completed 17 May 2013.

Phillip and Lisa-Marie Thomas have requested as a condition of the contract for sale that Council terminate the existing 20 year lease, from 14 March 2002 to 13 March 2022, and grant them a new lease with a full 20 year term.

STATUTORY ENVIRONMENT:

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, which allows for the existing lease to be terminated and a new 20 year lease to be granted upon request.

Financial Implications:

Leaseholders are required to pay Council’s lease preparation fee to offset the administration costs of preparing and lodging each lease, lease surrender 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:

1. Terminate, by mutual consent, the 20 year lease over Site 87 Windy Harbour between the Shire of Manjimup and Sharon Monica Andrews; and

2. Approve a 20 year lease over Site 87 Windy Harbour, commencing 14 August 2014, between the Shire of Manjimup and Phillip John Thomas and Lisa-Marie Thomas as joint tenants; subject to consent from the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Chodorowski, C

26103

That Council:

1. Terminate, by mutual consent, the 20 year lease over Site 87 Windy Harbour between the Shire of Manjimup and Sharon Monica Andrews; and

CARRIED: 8/0

Cr Daubney advised that she has a Financial Interest in this Item as she is the Leaseholder of Lot 114 Windy Harbour. Cr Daubney did not speak or vote on the matter.

ATTACHMENT

9.5.3 Setting of Windy Harbour Lease Fees for 2014/15

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Reserve 38881 Windy Harbour
WARD:	Coastal
ZONE:	Special Use
DIVISION:	Statutory Services
FILE REFERENCE:	PRO 8/8
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	3 August 2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

At the Council meeting 16 June 2011, Council resolved to:

“Request the Chief Executive Officer to produce a report exploring alternate methodologies to set Annual Lease Fees at Windy Harbour for Council’s consideration prior to the adoption of the 2011/12 Annual Budget.”

On the 7 July 2011 a report was presented to Council and the following was Councils resolution from that meeting;

COUNCIL RESOLUTION:

Moved: Fahey, T Seconded: Jones, J

That Council:

A. Resolve that an independent “land only” fair market valuation is the most equitable method to determine Windy Harbour lease fees.

1. Increase Windy Harbour lease fees for 2011/12 (rounded to the nearest dollar) by the national Consumer Price Index for the year to March 2011 of 2.9%;

2. Engage the services of the Valuer General in 2011/12 to value all Windy Harbour leases for the purposes of determining “land only” individual fair market value lease fees;

3. Apply point B2 to each lease effective from 2012/13 incorporating the phasing in of any lease fee increase in excess of base lease fee set for 2011/12 in equal instalments over 2012/13, 2013/14 and 2014/15;

4. Engage the services of the Valuer General every four years commencing 2014/15 to value all Windy Harbour leases for the purposes of determining “land only” fair market value lease fees;

5. Apply the individual Windy Harbour lease fees determined by the Valuer General in point 4 in 2015/16 and thereafter in each four year cycle; and

6. From 2015/16 increase Windy Harbour lease fees (rounded to the nearest dollar) by the national Consumer Price Index (for the year to March) in every financial year that a new valuation is not applied.

During the 2013/14 Annual Budget process preliminary discussions on the setting of Windy Harbour lease fees ascertained that Council resolution of 7 July 2011 had not been carried out for the 2012/13 financial year. As a result, Council staff engaged the services of the Valuer General to undertake the “land only” fair market valuation. The results were presented to Council at a briefing on the 2013/14 Annual Budget on 11 July 2013.

The “land only” fair market valuation of leases at Windy Harbour undertaken by the Valuer General ranged from $1,750p.a (Chinatown precinct) to $4,000p.a (Commercial). Due to the extent of the proposed changes to lease fees required by Council’s resolution of 7 July 2011 even with a three year phase in period, at the time of the briefing Councillors felt further research and consideration would be prudent before any strategic long term changes were to be made to Windy Harbour lease fees. Additionally Councillors suggested that CPI could be applied to 2012/2013 Residential and Commercial Leases to calculate the 2013/2014 Windy Harbour Lease Fees whilst this matter was further contemplated. The Australian Bureau of Statistics CPI for Perth for the year to June 2013 is 2.5%.

ATTACHMENT: 9.5.3(1)

In the interest of making sound long term strategic decisions, Councillors suggestion to apply CPI to Windy Harbour lease fees for 2013/14 whilst the matter was further contemplated is supported by Shire staff.

At the Council meeting on the 1 August 2013 the previous resolution was recindered and a new resolution was made;

COUNCIL RESOLUTION:

Moved: Curo, R Seconded: Chodorowski, C

That Council:

1. Apply CPI of 2.5% (year to June 2013 - Perth) to the 2012/2013 Windy Harbour Lease Fees to calculate the 2013/2014 Lease Fees as per the following table:

	2012/13 (inc.GST)	2013/14 (inc.GST)
Residential	$510	$523
Commercial	$768	$787

2. Engage the services of an appropriate independent valuer to undertake a “Land Only” fair market valuation of Windy Harbour lease fees as a comparison report; and

3. Request a report is presented to Council recommending methodology to determine Windy Harbour lease fees to be applied to the 2014/2015 Annual Budget and onwards.

On the 22 May 2014 Councils Senior Administration and Properties Officer engaged Opteon to undertake the requested independent valuation. The report was received 30 June 2014 and is an attachment to this agenda item.

ATTACHMENT: 9.5.3(2)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council will be required to set Windy Harbour lease fees for 2014/15 prior to or as part of the adoption of the 2014/15 annual budget expected to be deliberated by Council at the meeting on 14 August 2014.

The results from the Opteon valuation, significantly different to the Valuer Generals results, are more in line with the current lease fees being charged to Windy Harbour lease holders. Opteon have residential valuations ranging from $550.00 to $575.00 with Professional Fishermans leases at $822.00.

o Precinct 1 - $550 per annum including GST

o Precinct 2 - $575 per annum including GST

o Precinct 3 - $575 per annum including GST

o Precinct 4 - $562 per annum including GST

o Precinct 5 - $822 per annum including GST

Lease Type	2013/14 Lease Fee	CPI Application to current Lease Fee	Opteon Lease Valuation	Valuer General Valuation
Residential (Average)	$523.00 (inc GST)	$537.00 (inc GST)	$567.00 (inc GST)	from $1,750 (inc GST)
Commercial	$787.00 (inc GST)	$809.00 (Inc GST)	$822.00 (inc GST)	$4,000 (inc GST)
Total Lease Fees	$116,908.00 (inc GST)	$120,044.00 (inc GST)	$125,459 (inc GST)	$561,825 (inc GST)

Whilst both the Valuer General and Opteon undertook a Land only valuation it appears that when assessing market value, the application of value to services provided when comparing Windy Harbour to other similar settlements is considerably different.

The purpose of this agenda item is to set some form of methodology to calculate Windy Harbour lease fees other than the application of CPI year after year.

If Council were to accept Opteon’s valuation as a base point for the 2014/2015 Lease Fees this would see an increase to Residential Leases by 5.6%, and Commercial Leases by 1.6% above the standard CPI increase to the previous year’s Lease Fees.

It would be important that if a valuation method was used to determine Windy Harbour Lease Fees that a revaluation occurs every 3 to 4 years to account for any market fluctuations, and to keep the lease fees current. This, in itself, poses significant issues bearing in mind the large difference between the Opteon valuation and the Valuer Generals assessment.

If Council are comfortable with the Opteon’s valuation and use this as the basis of the calculations going forward it, would be prudent to set a cap on increases as these increases may not be due to market influences, but rather the methodology used by the appointed valuer at the time, when reaching the “land only” value.

In light of the above it is recommended that Council accepts the valuation undertaken by Opteon and that the attached rental schedule is used to determine the 2014/2015 Windy Harbour Lease Fees. As such the 2015/2016 Lease Fees would be calculated using the Opteon rental schedule plus CPI, and in the following years CPI applied to the previous year’s Lease Fee. Further it is recommended that a new independent valuation is to be undertaken every 4 years. If the new valuation exceeds the previous year’s Windy Harbour Lease Fees by more than 10% the revaluation is capped at a 10% increase

STATUTORY ENVIRONMENT:

The Local Government Act 1995 provides statutory power to Council to establish fees and charges. The “20 Year” and “Annual” Lease documents, registered with the Department of Regional Development and Lands, provide the legal mechanism to charge lease fees at Windy Harbour.

Policy / Strategic Implications:

The Windy Harbour Management Plan 2007-2017 is silent on methodologies to establish lease fees. On this basis Council should therefore contemplate the most equitable and justifiable methodology available to set lease fees. Under the methodology recommended Council will be able to establish lease fees that represent fair market value ascertained from an independent party using robust assessment techniques.

Financial Implications:

It is anticipated that lease fees would go up in excess of CPI if the recommended methodology is used. If this is the case Council would have additional revenue to offset the cost of valuations every four years and to assist in the delivery of Windy Harbour Management Plan 2007-2017 initiatives.

Sustainability:

Environmental: Nil

Economic: Applying an independent valuation to determine lease fees will have an economic consequence for Council and the Windy Harbour leaseholders. Council is expected to recoup valuation costs through extra lease revenue however leaseholders will face an increase in lease costs.

Social: It is possible that increasing lease costs could place pressure on leaseholders struggling to cope with the rising cost of living generally. Under the worst scenario this could precipitate the disposal of their asset. Irrespective, Windy Harbour leases are issued for the purpose of Holiday Accommodation (non-permanent habitation) and therefore should not be anybodies primary place of residence.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Accept Opteon (Western Australia) Pty Ltd valuation as the basis to set the 2014/2015 Windy Harbour Lease Fees, as per Attachment 9.5.3(2); and

2. Agree to apply the Consumer Price Index (CPI) to calculate the following years Lease Fees; and

3. Direct the Chief Executive Officer to undertake an independent revaluation every 4 years, with a cap placed on any revaluation increases above the previous year’s Lease Fees at 10%.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Logan, C

26104

That Council:

1. Accept Opteon (Western Australia) Pty Ltd valuation as the basis to set the 2014/2015 Windy Harbour Lease Fees, as per Attachment 9.5.3(2); and

2. Agree to apply the Consumer Price Index (CPI) to calculate the following years Lease Fees; and

3. Direct the Chief Executive Officer to undertake an independent revaluation every 4 years, with a cap placed on any revaluation increases above the previous year’s Lease Fees at 10%.

CARRIED: 8/0

Councillor Daubney returned to the Chambers at 5.53 PM.

ATTACHMENT

9.5.5 Annual Budget 2014/15

PROPONENT	Chief Executive Officer
OWNER
LOCATION / ADDRESS:	Whole of Shire
WARD:
ZONE:
DIVISION:	Statutory Services
FILE REFERENCE:	FNC 3/1
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	24 July 2013
DECLARATION OF INTEREST:	Author is an employee of the Shire of Manjimup and owns property in the Shire of Manjimup.
SIGNATURE:

Background:

The 2014/2015 Annual Budget for the Shire of Manjimup is tabled for Council’s consideration and adoption.

DOCUMENT TABLED

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Council has provided significant input and review of the 2014/15 Annual Budget through the following processes:

· Shire of Manjimup Strategic Community Plan 2013-2023;

· Shire of Manjimup Corporate Business Plan 2012-2017;

· Shire of Manjimup Preliminary Long Term Financial Plan 2013;

· Shire of Manjimup Preliminary Asset Management Strategy 2013 and Asset Management Plans;

· Shire of Manjimup Community Outcomes Report 2012;

· Community Satisfaction Survey 2011;

· Shire of Manjimup Forward Capital Works Plan 2010/11 - 2019/20; and

· A program of Council information briefing sessions between March and July 2014.

Contained in the front section of the 2014/2015 Annual Budget is a “Budget Overview” providing a summary of the main components of the budget including graphical presentation of trends over recent years.

Rate Rise

It is proposed that the average general rate rise across the district is 5.85%.

The Valuer General assessed Shire of Manjimup GRV properties on the 4 year revaluation cycle as at 1 July 2014. This revaluation has seen an overall increase to the GRV data base of approximately 14.3%. The Shire of Manjimup’s 2013/14 GRV rate in the dollar has been adjusted down to reflect these value changes, and then the 5.85% rate rise was applied to the reduced rate in the dollar.

Council Rating Policy

A special rate concession continues to be applied to Clubs and Sporting Groups so that only the licensed portion of their property is rated. Details of which are contained within the attachment. The total amount of concessions proposed to be granted is $45,363. In addition to this rate waivers total $2,604 in 2014/15.

ATTACHMENT: 9.5.5(1)

Reserves

The 2014/15 Annual Budget proposes to introduce a new reserve called “ICT Hardware Replacement Reserve”. The purpose of this reserve is to set aside funding for the purpose of ICT asset replacement, including desktops, laptops, servers and the hardware required to deliver ICT services to the Shire of Manjimup.

Loan Funds

The 2014/15 Annual Budget proposes two new loans. They are;

o $523,439 for Medical Professionals Accommodation for the term of 20 years, for the purpose of short to medium term accommodation for medical professionals in Manjimup;

o $107,720 for the Walpole Country Club for the term of 10 years, for the purpose of installing synthetic golf greens to the Walpole Country Club.

STATUTORY ENVIRONMENT:

Adoption of the budget

Section 6.2 of the Local Government Act 1995 requires a Local Government to prepare and adopt an annual budget for the financial year 1 July to 30 June each year but with the adoption being later no later than the 31 August in that financial year.

Granting of a discount for early payment

Section 6.46 of the Local Government Act 1995 “Discounts” is applicable. It is proposed that for the 2014/15 budget, no early payment discounts apply.

Granting of rate concessions

Section 6.47 of the Local Government Act 1995 “Concessions” prescribes circumstances where concessions and waivers can be applied. Concessions are proposed for “Clubs and Sporting Groups licensed premises concession” to a total of $45,363 and waivers are only proposed to be applied to the three previously endorsed “not for profit” groups being the Ringbark Tennis Club, the Manjimup Masonic Lodge and the Pemberton Masonic Lodge to a total value of $2,604.

Policy / Strategic Implications:

Various strategic initiatives identified in the Shire of Manjimup Strategic Community Plan 2013-2023 and underlying documents are included in the 2014/15 Annual Budget. These initiatives are outlined in the “Budget Overview”.

In accordance with the Local Government Act 1995, some Councillors may have an “Interest” in the 2014/15 Annual Budget and as such they will have applied to the Minister for Local Government prior to this Council meeting for an exemption in order to participate when considering this matter.

Financial Implications:

The financial implications of the 2014/2015 budget are summarised in the budget overview, with further details provided in the budget document.

Rate in the dollar

The proposed rates in the dollar to be applied are:

14/15 Proposed

cents / $

13/14 Actual

cents / $

Difference

cents / $

GRV

8.5360

9.4557

0.9197 decrease

0.6512

0.5854

0.0658 increase

Total rates to be raised

The 2014/15 Annual Budget seeks to raise the following rates:

Gross rates to be raised	$7,914,241
Add Interims anticipated to be raised resulting from subdivisions	$10,000
Less Concessions granted for clubs & sporting groups	$47,967
Net rates to be raised	$7,876,274

After allowing for real growth in the rate base of $43,000 it represents an increase of 5.85% over last year.

Minimum rates will increase from $747 to $790 being an increase of $43 from 2013/14 to 2014/15 (5.85% increase compared to a general increase of 5.85%).

Sustainability:

Environmental: The proposed 2014/15 Annual Budget endeavours to financially support key environmental initiatives and components of the operations of the Shire of Manjimup.

Economic: Sound financial management and accountability is the fundamental component of economic sustainability. The proposed 2014/15 Annual Budget delivers a sustainable and responsible economic outcome on behalf of Council.

Social: Local Government is a foundation of local community governance in Australia and sound financial management is required to execute responsibilities to the social betterment of the district.

VOTING REQUIREMENTS: ABSOLUTE mAJORITY

Officer Recommendation:

That Council:

1. Adopt the 2014/15 Annual Budget as tabled and set the following rates, discounts, instalments and interest for the 2014/15 financial year:

a. General Rates

(i) Gross Rental Value 8.5360 cents in the dollar

(ii) Unimproved Value 0.6512 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $790

(ii) Unimproved Value $790

(iii) Department of Environment Parks & Wildlife Dam Leases $50

(iv) Department of Environment Parks & Wildlife Grazing Leases $100

c. Discounts

That no rate discount be provided on 2014/15 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 10 October 2014

Ratepayers will be offered the option of paying their general rates only by four instalments and that the following additional charges will apply on the second (2^nd), third (3^rd), and fourth (4^th) instalments:

Interest 4.5%

Administration Charge $7.50 for each instalment totalling $22.50

Further that the instalment due dates are as follows:

1^st instalment - Due 10 October 2014

2^nd instalment - Due 2 December 2014

3^rd instalment - Due 10 February 2015

4^th Instalment - Due 10 April 2015

e. Late Payment Interest

That a late payment interest charge of 9.0%* be applied to outstanding moneys to Council as follows:

Commence accruing daily (simple interest calculation) thirty five (35) days after the date stated on the account as being the due date the account was issued.

Late payment interest is to apply to all general rates, rubbish and waste management rates, Windy Harbour Lease fees, and sundry debtors.

*Pensioners and Seniors are exempt from penalty interest.

2. Provide in accordance with Section 6.47 of the Local Government Act 1995, rating concessions to rates levied on sporting and social clubs so as to effectively only rate the licensed area, in addition to rate waivers for premises previously approved by Council, as specified in Attachment: 9.5.5(1).

3. Adopt the following waste fees and charges for the 2014/15 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin						$346.00
240Litre Pensioner Bin Collection; per bin						$257.00
140Litre Bin Collection; per bin						$199.00
140Litre Pensioner Bin Collection; per bin						$153.00
240Litre Pensioner Recycling Bin Collection; per bin						$68.50
240Litre Recycling Bin Collection; per bin						$91.00
360Litre Recycling Bin Collection; per bin						$111.00

COUNCIL RESOLUTION:

Moved: Karamfiles, S Seconded: Bavich, D

26105

That Council:

1. Adopt the 2014/15 Annual Budget as tabled and set the following rates, discounts, instalments and interest for the 2014/15 financial year:

a. General Rates

(i) Gross Rental Value 8.5360 cents in the dollar

(ii) Unimproved Value 0.6512 cents in the dollar

b. Minimum Rates

(i) Gross Rental Value $790

(ii) Unimproved Value $790

(iii) Department of Environment Parks & Wildlife Dam Leases $50

(iv) Department of Environment Parks & Wildlife Grazing Leases $100

c. Discounts

That no rate discount be provided on 2014/15 rates.

d. Due Date and Instalments

The due date for payment of rates shall be 10 October 2014

Interest 4.5%

Administration Charge $7.50 for each instalment totalling $22.50

Further that the instalment due dates are as follows:

1^st instalment - Due 10 October 2014

2^nd instalment - Due 2 December 2014

3^rd instalment - Due 10 February 2015

4^th Instalment - Due 10 April 2015

e. Late Payment Interest

That a late payment interest charge of 9.0%* be applied to outstanding moneys to Council as follows:

Commence accruing daily (simple interest calculation) thirty five (35) days after the date stated on the account as being the due date the account was issued.

Late payment interest is to apply to all general rates, rubbish and waste management rates, Windy Harbour Lease fees, and sundry debtors.

*Pensioners and Seniors are exempt from penalty interest.

3. Adopt the following waste fees and charges for the 2014/15 financial year:

Rubbish Bin Collection Service

240Litre Bin Collection; per bin						$346.00
240Litre Pensioner Bin Collection; per bin						$257.00
140Litre Bin Collection; per bin						$199.00
140Litre Pensioner Bin Collection; per bin						$153.00
240Litre Pensioner Recycling Bin Collection; per bin						$68.50
240Litre Recycling Bin Collection; per bin						$93.00
360Litre Recycling Bin Collection; per bin						$111.00

CARRIED: 9/0

Cr Karamfiles advised that he has a Financial Interest in this Item as he has provided designs and preliminary costing for their funding application. Cr Karamfiles did not speak or vote on the matter and left the Chambers at 5.54pm.

ATTACHMENT

9.5.7 Northcliffe Retirement Village Inc Land Acquisition - Reserves 41910 and 18729

PROPONENT	Northcliffe Retirement Village Inc
OWNER	Crown (Management Orders to Shire of Manjimup and Department of Health)
LOCATION / ADDRESS:	Reserve 41910 - Lot 165 Meerup St, Northcliffe (Aged Accommodation) Reserve 18729 - Lot 33 Wheatley Coast Rd, Northcliffe (Hospital)
WARD:	Coastal
ZONE:	Public Purposes: Aged Person Housing, Hospital
DIVISION:	Statutory Services
FILE REFERENCE:	P55304, P50080
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	24 July 2014
DECLARATION OF INTEREST:	Nil
SIGNATURE:

Background:

The Shire of Manjimup holds a management order for Reserve 41910 for the purpose of ‘Aged Persons Home’ with the power to lease for any term not exceeding 30 years.

Northcliffe Retirement Village Inc leased Reserve 41910 from the Shire of Manjimup for a term of 21 years from 1 December 1991 to 30 November 2012. At the meeting of 28 March 2013 Council resolved to grant the association a new lease for a term of 20 years to 30 November 2032.

Northcliffe Retirement Village Inc are well established with five existing units. The association have recently approached the Shire of Manjimup seeking land to construct additional units.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There is an identified need for additional units to meet the future aged accommodation requirements for Northcliffe. Additional units are unable to be constructed on Lot 165, Reserve 41910, due to the location of existing leach drains. It is now proposed that an approximately 0.3335 hectare portion of the adjoining Hospital Reserve 18729 be excised and amalgamated into Reserve 41910 as shown in the attachment. This location is in close proximity to the town centre.

ATTACHMENT: 9.5.7(1)

The proposed land excision has been presented to the Department of Health and they have provided approval from their Executive Council. This portion of Reserve 18729 is surplus to requirements for the Northcliffe Nursing Post.

The Department of Lands have no objection to the proposal, subject to the Shire of Manjimup being responsible for the costs. The costs will subsequently be the responsibility of Northcliffe Retirement Village Inc.

The existing lease to Northcliffe Retirement Village Inc will need to be surrendered and a new lease executed to incorporate the new portion of land. Given the association will be constructing new units it is proposed to grant a full 20 year lease term in accord with Council’s Property Leasing Policy 4.2.8.

The lease is on a vacant land basis only. Northcliffe Retirement Village Inc own the buildings, subject to a joint venture agreement (JVA) with the Department of Housing. They are responsible for maintenance and insurance of all improvements and cost of utilities. The management order for Reserve 41910 also recognises the JVA and that the use of the reserve is subject to the conditions of that agreement. The JVA states that the expiration date of the lease must be the same as the expiration date of the JVA, currently being 30 November 2032. A deed of variation to reflect the change of land description, acknowledge that the JVA only applies to the five existing units and extend the term of the JVA to the same expiration date will need to be executed.

The lease to Northcliffe Retirement Village Inc includes a condition that the homes for aged persons shall not be operated for the purpose of making a profit other than as may be necessary for the effective and efficient running of such homes.

Once the land acquisition is approved Northcliffe Retirement Village Inc will be able to pursue future planning and development and applications for funding to achieve this.

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 Northcliffe Retirement Village Inc complies with this exemption.

Approval from the Minister for Lands is required for the lease under Section 18 of the Land Administration Act 1997; in principle approval has been obtained.

Policy / Strategic Implications:

Council’s Property Leasing Policy 4.2.8 states that leases for aged persons’ accommodation are to be for 20 years to reflect the Lessee’s contribution and the long term residential use of the property.

The lease is consistent with the Shire of Manjimup Active Ageing Strategic Plan 2008 – 2028.

Financial Implications:

Northcliffe Retirement Village Inc will be responsible for the costs associated with the land survey, new land title, lease amendment and the Department of Housing’s JVA variation and caveat. This is estimated at $3,500. Ordinarily Northcliffe Retirement Village Inc would have been eligible for a contribution from Council for head works for the new development to cover these costs, however Council has been unable to source this funding.

The lease has an annual lease fee of $10 payable on demand in accord with Council’s Property Leasing Policy 4.2.8. Northcliffe Retirement Village Inc has full responsibility for maintenance and insurance of the buildings.

Sustainability:

Environmental: Vegetation removal and site works will be required for construction of the new units, subject to development approval.

Economic: Having local aged care facilities is an economic benefit for the community. Securing the land acquisition will assist Northcliffe Retirement Village Inc to secure funding and progress development plans.

Social: Having local aged care facilities is a high priority for the community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Request the Minister for Lands approve excision of portion of Reserve 18729 and amalgamation into Reserve 41910, as shown in attachment 9.5.7(1);

2. Surrender, by mutual consent, the lease to Northcliffe Retirement Village Inc over Reserve 41910 from 1 December 2012 to 30 November 2032;

3. Grant a lease over Reserve 41910, including the land acquisition, to Northcliffe Retirement Village Inc for a term of 20 years from the date the new certificate of title is issued, at a rental of ten dollars per annum payable on demand, subject to the approval of the Minister for Lands;

4. Amend the existing joint venture agreement with the Department of Housing for Reserve 41910; and

5. Advise Northcliffe Retirement Village Inc that they will be responsible for the costs of the land acquisition, amendment of the lease and variation of the joint venture agreement and caveat with the Department of Housing.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Bavich, D

26106

That Council:

1. Request the Minister for Lands approve excision of portion of Reserve 18729 and amalgamation into Reserve 41910, as shown in attachment 9.5.7(1);

2. Surrender, by mutual consent, the lease to Northcliffe Retirement Village Inc over Reserve 41910 from 1 December 2012 to 30 November 2032;

4. Amend the existing joint venture agreement with the Department of Housing for Reserve 41910; and

CARRIED: 8/0

Councillor Karamfiles returned to the Chambers at 5.54pm.

PROPONENT	Director Community Services
WARD:	Whole of Shire
DIVISION:	Community Services
FILE REFERENCE:	CNL 14/1
LEGISLATION:	Nil
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	7 July 2014
DECLARATION OF INTEREST:	Nil
SIGNATURE: