Minutes of Ordinary Council

· A better than expected end of year financial performance by Local Government Insurance Scheme WA (LGIS) should result in a reduction of insurance costs to the Shire.

· The Southern Forests Irrigation Scheme Project funding has been knocked back by the National Water Infrastructure Development Fund first round. The SFIS Board and Department of Water and Environmental Regulation (DWER) are making strong representations for the second round of funding.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr D Bavich

Cr L Daubney

Cr V Herbert

Cr D Jenkins

Cr C Logan

Cr G Munro

Cr D Tapley

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mr Michael Leers (Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Gallery

Colin Crombie

David Giblett

Nancy Giblett

Jean Lawrence

Mary Nixon

Murray Ventris

Media

Irene de Haan

Tari Jeffers

3.1 Apologies:

Cr DeCampo is an apology for this meeting.

3.2 Leave Of Absence:

Cr Taylor was granted a Leave of Absence for this meeting at the 10 August 2017 Council Meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received a Declaration of Financial Interest from Councillor Winfield for Items 9.1.2, 9.5.3 and 9.9.1.

Cr Winfield declared a Financial Interest in Items 9.1.2, 9.5.3 and 9.9.1 as his wife’s business consults to Shire of Manjimup on these projects.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time: Nil

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

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Cr Bavich attended the Premier’s Dinner to celebrate 30^th Anniversary of the Sister State Relationship between State of Western Australia and Zhejiang Province, People’s Republic of China. Networking was useful. Possible delegation to visit Manjimup in the future.

Cr Bavich also attended Local Tourism Organisation Steering Group meeting. The meeting was very positive with the decision made on naming the LTO “Southern Forests and Valleys” and model to be used for the LTO with potential Co-Location of some Visitor Centres.

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Daubney, L Seconded: Bavich, D

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That the Minutes of the Ordinary Meeting of the Council held on 10 August 2017, with the addition of wording at Item 2, point 7 ‘Authority regarding the Emergency Services Levy’ be confirmed.

CARRIED: 9/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Bavich, D Seconded: Daubney, L

27128

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 61 of the Agenda with the exception of:

CARRIED: 9/0

9.1.2	State Government Withdrawal of Part Funding for the Revitalisation of Manjimup's Town Centre Project.
9.1.3	City of Busselton Request for a Financial Contribution to the Busselton Margaret River Regional Airport - Airline Marketing Fund
9.5.3	Proposed Replica Blacksmith's Forge at Lot 628, 629 and 741 Edwards Street, Manjimup (Manjimup Timber and Heritage Park)
9.9.1	Proposed Award of Tender RFT 10-16 Construction of the Sandra Donovan Sound Shell
9.16.1	Minutes of the Northcliffe Town Centre Revitalisation Committee held 16 May 2017
9.16.2	Minutes of the Walpole Town Centre Revitalisation Committee Meeting held on 17 May 2017

Items passed by En Bloc Resolution

9.1.1 Consideration of the Warren Blackwood Stock Route and Memorandum of Understanding

9.3.1 Request to Write Off Bad Debt for Libraries

9.3.2 Council Financial Payments June 2017

9.3.3 Monthly Financial Activity Statement - June 2017

9.5.1 Delegated Planning Decisions for July 2017

9.5.2 Proposed Change of Use from Dwelling to Holiday House at Lot 72 (32) Latham Avenue, Walpole

9.13.1 Quarterly Report April - June 2017 Works and Services Directorate

ATTACHMENT

9.1.1 Consideration of the Warren Blackwood Stock Route and Memorandum of Understanding

PROPONENT	Warren Blackwood Alliance of Councils
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Various
WARD:	North, East, Coastal and South
ZONE:	Various
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160572
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	27/07/2017
DECLARATION OF INTEREST:	Nil

Background:

Formerly known as the Regional Bridle Trail, the Warren Blackwood Stock Route (WBSR) has been a Warren Blackwood Alliance of Councils (WBAC) project since 2011.

Coordinated by the Shire of Bridgetown-Greenbushes the WBSR is a proposed horse trail that consists of the trail itself with wayfinding, trail marking and interpretation, and eleven basic campsites with shelter, water, ablution and horse facilities. The proposed two part trail extends from near the Bridgetown town site south to Broke Inlet (Shire of Manjimup) and separately southwest to Kookaburra Road campsite (via the Nannup town site) and uses roads and land under both Local Government and the Department of Biodiversity, Conservation and Attractions (DBCA) control. Council has had previous informal briefings on this project some time ago.

The proposed eleven campsites broken into Local Government districts are shown in the following table:

Campsite	Local Government Area	Land Responsibility
Son Place	Bridgetown-Greenbushes	LG
Alco	Manjimup	DBCA
Smeathers	Manjimup	DBCA
Quinninup	Manjimup	LG
Shannon	Manjimup	DBCA
Steves Road	Manjimup	DBCA
Broke Inlet	Manjimup	LG/DBCA (subject to further negotiation)
Willow Springs	Nannup	DBCA
Nannup Town	Nannup	LG
Darradup	Nannup	DBCA
Kookaburra	Nannup	DBCA

The project has been broken into three stages as follows:

Feasibility

Led “in kind” by the Shire of Bridgetown-Greenbushes with financial commitment from WBAC members plus a significant grant contribution from the South West Development Commission, a feasibility study was commissioned to investigate the proposal. The Shire of Manjimup contributed $5,000 to the feasibility but the original outcome appears to have been insufficient and superseded (through matters such as route re-alignments and change of campsite locations) by additional work from the Shire of Bridgetown-Greenbushes. However this still appears to be deficient in identifying a range of matters such as ongoing expense liability and in hindsight a more comprehensive feasibility study may have identified issues and proposed solutions earlier.

Planning

This is the current phase that included sourcing of sufficient grant finds and other contributions, and developing agreements to deliver the project. The Shire of Bridgetown-Greenbushes have again led this phase on behalf of WBAC securing $222,483 from the South West Development Commission Regional Grant Scheme and $146,071 from Lotterywest toward the trail itself. The Shire of Manjimup has already contributed $10,000 as a further contribution to the project. The Shire of Nannup and Shire of Bridgetown-Greenbushes have already agreed to the project via a Memorandum of Understanding (MOU).

Construction

This phase is yet to commence and is subject to agreements being reached by all involved parties.

The purpose of this report is to determine whether Council is prepared to enter the attached proposed MOU, as endorsed by other project partners, to allow the Construction Phase of the WBSR to proceed.

ATTACHMENT: 9.1.1 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

From the outset it was the understanding of the Shire of Manjimup that each organisation was responsible for the infrastructure on land directly under their control (two campsites in the Shire of Manjimup). In the early stages of the development of the MOU the Shire of Manjimup was provided with a draft MOU for comment however further advice from the Shire of Bridgetown-Greenbushes was to hold off providing comment until MOU negotiations had occurred with DBCA as they were considered the most difficult to reach agreement with as some requirements were perceived to be different. At the WBAC meeting on 4 April 2017 the draft MOU (endorsed by DBCA) was provided for discussion and at this point the Shire of Manjimup had the first real opportunity to raise concern about the document.

On 29 May 2017 representatives of the Shire of Manjimup attended a WBSR meeting in Nannup where it is understood that there was some accusation by the other Local Government project partners that the Shire of Manjimup was creating barriers that were delaying the progression of the project. It was conveyed to the group that the Shire of Manjimup concerns still existed with both construction and operational phases of the project and this needed resolution before proceeding. Prior to this point both Council’s of the Shire of Bridgetown-Greenbushes and the Shire of Nannup had adopted the original MOU but interestingly did not appear to address, in any detail, ongoing operational expense likely to be incurred by each organisation plus some very obvious contradictory MOU clauses. The two Local Government reports are attached.

ATTACHMENT: 9.1.1 (2)

At the following WBAC meeting held 6 June 2017 the Shire of Manjimup again raised serious concern about the MOU particularly relating to the operational arrangements of the project. At that time WBAC resolved:

“The three CEO’s to meet with Megan Richards and DPAW representatives to discuss and seek clarification on issues with the MOU in regards to DPAW and the three local government’s responsibilities and liabilities.”

A preliminary meeting between the three WBAC Chief Executive Officers and Megan Richards (WBSR project officer from the Shire of Bridgetown-Greenbushes) was held on 20 June 2017 to discuss Shire of Manjimup concerns with the MOU. A copy of the “tracked change” MOU from the Shire of Manjimup is attached which raised a series of questions, issues and document formatting considerations.

ATTACHMENT: 9.1.1 (3)

The outcome of the meeting held on 20 June 2017 established a clear intent to address responsibilities and liabilities with DBCA that could potentially address the concerns of the Shire of Manjimup. On 26 June 2017 the three WBAC Chief Executive Officers and Megan Richards met with the DBCA Warren Regional Manager Luke Bentley and DBCA Officer Tim Foley. It was made clear by DBCA from that meeting that whilst they may be prepared to assist individual Local Governments where possible at some stage in the future, they were happy with their current MOU responsibilities, budgets were very tight and they could certainly not guarantee any support other than continuing with their pre-commitment to operate the Shannon WBSR campsite.

After the DBCA meeting the three WBAC Chief Executive Officers and Megan Richards convened to discuss the outcome where it was suggested by the Shire of Manjimup that a centralised approach to project operation controlled by WBAC and providing more ongoing equity between project partners may be something that the Shire of Manjimup may contemplate subject to Council approval. In preparation for the WBAC meeting held on 31 July 2017, the Shire of Manjimup produced a report for WBAC to contemplate and this included feedback attached to the report from the Chief Executive Officers of the Shire of Bridgetown-Greenbushes and Nannup.

ATTACHMENT: 9.1.1 (4)

At the meeting held 31 July 2017, WBAC considered the report from the Shire of Manjimup but chose not to proceed with any concept identified within. Instead WBAC resolved to adopt the same MOU document identified in Attachment: 9.1.1 (1). The two WBAC Shire of Manjimup representatives voted against the adoption of the MOU by WBAC on the basis that the document as proposed had sufficient flaws to warrant a full review prior to any agreement being established, however irrespective of that professional and technical point of view, the MOU was carried four votes to two.

Since April 2017 the Shire of Manjimup has proactively attempted to broker common ground between the WBSR project partners through the identification of alternate solutions however no agreement has been able to be reached. The last attempt made by the Shire of Manjimup was a request to DBCA to determine whether they would be amenable to operate the three campsites located on their land (excluding Shannon Campground) in the Shire of Manjimup district in a fee for service fixed contract arrangement, however DBCA declined the offer.

On the basis of the majority position of WBAC in relation to the WBSR, the grant funding deadlines for the project, and the position of the other WBSR project partners, it is clear that the Shire of Manjimup was, and still is, the only organisation to have significant concern about the project. Whilst it has been understood for quite some time that if all project partners were not agreeable it may jeopardise WBSR project funding arrangements, committing to a significant ongoing financial expense for a deficiently planned and executed project is not something that the Council of the Shire of Manjimup should take lightly. As the WBSR project currently stands, if the Shire of Manjimup was to commit to the MOU it is projected that an ongoing annual operational cost in excess of $20,000 would be incurred. Very little work has been done by the project lead (the Shire of Bridgetown-Greenbushes) to substantiate the project benefits against projected operational costs arising during the feasibility and planning stages. It is considered from the apparent approach to primarily focus on project construction without applying a holistic view to the overall implications is a serious deficiency that the Shire of Manjimup should, and has, rightfully questioned.

In a final attempt to resolve the existing project impasse, the author of this report in conjunction with several Shire staff again undertook to establish a workable solution that eliminated most financial risk to the Shire of Manjimup but could satisfy the objective of providing the WBSR. During the research and investigation phase the following key matters were identified and were used to mould an alternate strategy:

· DBCA have committed to establishing and operating significant horse infrastructure at the Shannon Campground;

· DBCA are well advanced in planning horse trails through the Shannon National Park that start and end at the Shannon Campground;

· The WBSR primarily follows existing roads in which horse riders do have legitimate access to under the provisions of the Road Traffic Act and this could plausibly complement the activities of DBCA at the Shannon Campground;

· Discussion with several potential users of the WBSR has indicated that it is unlikely they would ride the entire WBSR in one go because of horse and rider supply logistics. It was considered more probable that return to base camping could be a preferable option for most;

· Discussion with the Quinninup Caravan Park operators has identified that it is likely they may be prepared to provide a WBSR campsite with a small amount of financial support to establish some specific horse facilities; and

· The Australian Trail Horse Riders Association (ATHRA) are very active and may be prepared to engage significantly in the marketing and promotion of the WBSR and also coordinate a WBSR “Friends of” Group in conjunction with local horse interest groups.

Utilising the above information Shire staff set about reviewing the existing proposed project strategy of providing six campsites within the Shire of Manjimup district as part of the WBSR. As part of the review it was considered that due to the probable use of the WBSR, the concept of providing a trail head in the Shire of Bridgetown-Greenbushes and providing six campsites in the Shire of Manjimup on a contiguous six or more day horse trail is unlikely to attract a significant number of users primarily due to supply logistics. Instead, a “hub and spoke” strategy whereby two centrally located campsites could be used to start and finish horse trails in a loop arrangement would be logistically superior in order to provide supplies that can remain at the campsite rather than be problematically transported by horse. To summarise the proposed concept:

· Endorsement of the full WBSR horse trail within the Shire of Manjimup via Alco, Smeathers, Quinninup, Shannon, Steves Road, and Broke Inlet including full wayfinding and trail marking;

· Utilisation of two campsites only on the WBSR within the Shire of Manjimup being the Shannon Campground and the Quinninup Caravan Park;

· Project funding of basic additional infrastructure for the Shannon Campground and the Quinninup Caravan Park campsites (noting that the previous Shire of Manjimup funding contribution would be required to be applied to the Quinninup Caravan Park as private property is unable to be funded by the project grant);

· Project funding for car parking, horse trailer infrastructure and interpretive signage at the Alco, Smeathers, Steves Road, and Broke Inlet sites; and

· Engagement with the Australian Trail Horse Riders Association to pursue a project partnership for the WBSR in the Shire of Manjimup in conjunction with local horse interest groups.

It is anticipated that the construction cost of undertaking the proposal above would be in the order of $20,000 per site for Alco, Smeathers, Steves Road and Broke Inlet, $25,000 for Shannon Campground and $10,000 for Quinninup for a total of $115,000. This is significantly below the estimated $35,000 per site proposed under the current WBSR arrangements however the major benefit is expected in that there will be no material ongoing operational cost to the Shire of Manjimup. It is possible under the grant funding agreement that any surplus funding may be redirected to other campsites outside of the Shire of Manjimup with the agreement of the funding provider being the South West Development Commission. The author of this report has been in discussion about the alternate proposal with the South West Development Commission and it appears that this approach may satisfy the intent of the grant agreement as it establishes the WBSR in the Shire of Manjimup albeit under a slightly different framework.

The alternate proposal was discussed with Council at the Information Briefing Session on 10 August 2017 where general support for the concept from Council was provided. Cr Cliff Winfield further provided suggestion that the Warren Equestrian Centre could also provide a low cost alternate campsite to the Alco site with members of the Warren Equestrian Centre taking on a general operational role. During discussion there was a bit of concern about the additional distance from the proposed Alco site to the Warren Equestrian Centre site (Shire of Manjimup freehold land near the corner of Ralston Road, Graphite Road and Kimber Road) however upon review it amounts to approximately 5km which could easily be added to the WBSR and still potentially be within horse day trip range of the next campsites in either direction or be useful as an enabler for a horse trail loop. Timing has prevented consultation with the Warren Equestrian Centre Committee at this point, however as part of the project planning process this necessary consultation will occur.

Applying this approach would effectively provide three campsites on the WBSR in the Shire of Manjimup being Warren Equestrian Centre, Quinninup Caravan Park and Shannon Campground without any material operational cost to the Shire of Manjimup. Subject to consultation with the Warren Equestrian Centre Committee, campsite facilities may need to include the full array of facilities provided for a “greenfield” site as any proposed area is likely to be some distance from existing facilities unlike the Shannon Campground infrastructure. Access to the Warren Equestrian Centre from near the Alco site could be either via the Alco block to Kimber Road or in between private property and the rail corridor, down Barber road and down Kimber Road.

In addition to Council’s direction, a revised MOU has also been prepared for Council’s consideration. The MOU addresses all of the contradictory clause and issues highlighted in the original draft MOU.

ATTACHMENT: 9.1.1(5)

STATUTORY ENVIRONMENT:

The Local Government Act 1995 allows for the procurement of assets for Local Government purposes. The method of procurement for the project is yet to be determined as there is some concern about the best legal approach to collaboratively purchase the assets. Locating assets on land not under a Local Government’s responsibility could be achieved by formal agreement with the landowner.

Policy / Strategic Implications:

The Shire of Manjimup Strategic Community Plan and Corporate Business Plan support the establishment of a range of trail options throughout the district. In this circumstance if the original proposal was followed, Council would need to weigh up if projected ongoing operational expenditure would deliver significant true economic or other benefit to the district over other projects or programs such as the Manjimup Trailbike Trail Hub.

Organisational risk management:

The operation of the WBSR would present some liability risks to the organisation that would most likely be covered by insurances (and possibly increased premiums). There is probable financial and reputational risk to the Shire if service levels of facilities are not adequate.

Financial Implications:

Under arrangements proposed by WBAC, it is anticipated that the ongoing annual operational cost of managing the WBSR within the Shire district will exceed $20,000p.a. This figure excludes any “in kind” resources required by staff to coordinate operations. Under the alternate proposal identified by Shire staff, no material ongoing operational cost is likely.

Sustainability:

Environmental: Management plans adequately deal with environmental risks particularly on DBCA land. DBCA has recently stipulated that manure management plans are required for each campsite.

Economic: The economic benefit of the proposal is not really known and is unlikely to be significant in the Shire of Manjimup as the trail passes some distance away from retail and population centres.

Social: The establishment of recreational trails is considered a way to actively engage health and wellbeing in communities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Endorse the Warren Blackwood Stock Route horse trail in the Shire of Manjimup district including signage, wayfinding and trail marking initiatives funded by existing grant funding;

2. Endorse the location of the Broke Inlet site on the corner of Chesapeake Road and Broke Inlet Road or alternate nearby land managed by the Department of Biodiversity, Conservation and Attraction instead of Reserve 19787 “Camfield”;

3. Endorse the Warren Equestrian Centre, Shannon Campground and Quinninup Caravan Park as the only three dedicated campsites on the Warren Blackwood Stock Route within the Shire of Manjimup district;

4. Request the Warren Blackwood Alliance of Councils allocate funds of $60,000 for Smeathers, Steves Road, and Broke Inlet sites for car parking, basic horse trail rest area infrastructure (no ablutions) and signage;

5. Request the Warren Blackwood Alliance of Councils allocate funds of $35,000 for horse trail campsite infrastructure and signage at the Warren Equestrian Centre Campsite;

6. Engage with the Warren Equestrian Centre Committee to establish agreement, formalised through amendment to the existing Lease with the Shire of Manjimup, on the concept, location and operation of campsite infrastructure;

7. Request the Warren Blackwood Alliance of Councils allocate funds of $25,000 for horse trail campsite infrastructure and signage at the Shannon Campground;

8. Request the Warren Blackwood Alliance of Councils allocate funds of $10,000 to the Quinninup Caravan Park comprising of the Shire of Manjimup contribution to the Warren Blackwood Stock Route for the purpose of horse trail campsite infrastructure and signage;

9. Adopt the Memorandum of Understanding between the Warren Blackwood Alliance of Councils, Department of Biodiversity Conservation and Attractions, and the Shire’s of Bridgetown- Greenbushes, Nannup and Manjimup in accordance with Attachment: 9.1.1 (5);

10. Authorise the Chief Executive Officer to sign the Memorandum of Understanding referred to in point 9);

11. Request that the updated Memorandum of Understanding referred to in point 9) is reconsidered for adoption by all other project partners at their earliest convenience; and

12. Request the Warren Blackwood Alliance of Councils seek variation to the grant agreement for the Warren Blackwood Stock Route from the South West Development Commission to accommodate the decision of the Shire of Manjimup.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27129

That Council:

1. Endorse the Warren Blackwood Stock Route horse trail in the Shire of Manjimup district including signage, wayfinding and trail marking initiatives funded by existing grant funding;

3. Endorse the Warren Equestrian Centre, Shannon Campground and Quinninup Caravan Park as the only three dedicated campsites on the Warren Blackwood Stock Route within the Shire of Manjimup district;

5. Request the Warren Blackwood Alliance of Councils allocate funds of $35,000 for horse trail campsite infrastructure and signage at the Warren Equestrian Centre Campsite;

7. Request the Warren Blackwood Alliance of Councils allocate funds of $25,000 for horse trail campsite infrastructure and signage at the Shannon Campground;

10. Authorise the Chief Executive Officer to sign the Memorandum of Understanding referred to in point 9);

11. Request that the updated Memorandum of Understanding referred to in point 9) is reconsidered for adoption by all other project partners at their earliest convenience; and

ADOPTED BY EN BLOC RESOLUTION: 9/0

9.3.1 Request to Write Off Bad Debt for Libraries

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	Whole of Shire
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160196
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michelle Ellis
DATE OF REPORT:	11/8/17
DECLARATION OF INTEREST:	Nil

Background:

Over the course of the last two years, a number of people have borrowed books, CD’s, DVD’s or videos from the Shire of Manjimup’s libraries and have failed to return them or the items were damaged beyond repair, prompting an account to be rendered.

The following steps have been taken by Library Staff in these situations:

1. Staff contacts the lender after 21 days to renew or return;

2. After 27 days a final overdue notice is posted; and

3. After 42 days a final attempt is made via phone, email or letter before passing the account onto Finance & Administration Services.

The following steps have been taken by the Finance & Administration Services Department to recover outstanding amounts for lost or damaged items.

1. Invoice sent to Debtor;

2. Letter to Debtor after approximately 30 days of invoicing for request of payment of outstanding account within 14 days;

3. If no response is forthcoming a second letter has been sent with the message that the Shire of Manjimup will commence legal action if the account is not paid; and

4. After 14 days has elapsed, Debtor is sent to the Shire’s independent debt collection agency once approval from Manager Library Services has been received, as per Council Policy 4.1.6 - Collection of Outstanding Debts.

The following Debtors have been contacted by this office as also stated above without reply. In each case the appropriate librarian will be notified to suspend further borrowing rights in accordance with Council Policy 11.1.1 – Library Policy.

Debtor No	Name & Address	Total
1768.01	Ms Kylie Ann Ellement PO Box 133 Pemberton WA 6260	$40.82
1771.01	Mr Dean Hastie 19 Kennedy Street Pemberton WA 6260	$16.60
1772.01	Ms Elisabeth Margaret Tilly PO Box 283 Pemberton WA 6260	$21.00
1800.01	Ms Amanda Crocker PO Box 106 Pemberton WA 6260	$73.70
1801.01	Mr Blake Christopher Templeton Lot 9 Wheatley Coast Road Northcliffe WA 6262	$35.25
1802.01	Mr Simon Wade Duder 24A Finch Street Manjimup WA 6258	$56.20
1824.01	Ms Nicole Ellis 58B Leman Street Manjimup WA 6258	$51.35
1843.01	Ms Kathleen May Pearce 13B Devon Street Manjimup WA 6258	$17.00
1856.01	Mr Phillip Barnes Address Obsolete	$121.85
1886.01	Mrs Dianne Walley 71A Arnott Street Manjimup WA 6258	$89.30
1889.01	Miss Natasha Buswell 3/9 Doolan Street Bunbury WA 6230	$30.35
1892.01	Miss Tamara Lyons 17 Hastie Street Manjimup WA 6258	$106.75
1893.01	Ms Emma Aiken 20A Limmer Street Manjimup WA 6258	$38.40
1894.01	Mrs Diedre Weston 14A Rae Street Manjimup WA 6258	$101.36
1909.01	Miss Temika McDonald 42 Jarrah Road Manjimup WA 6258	$30.00
1910.01	Miss Stephanie Anne Walley 20B Limmer Street Manjimup WA 6258	$127.80
1913.01	Ms Sharyl Stott 57 Bryce Street Deanmill WA 6258	$46.30
1919.01	Mrs Tracey Lee Doust 30 Lintott Street Manjimup WA 6528	$101.05
1960.01	Ms Rochelle Ryder 19 Wattle Crescent Manjimup WA 6258	$36.30
1961.01	Mr Christen William Jones 12 Bullock Street Manjimup WA 6258	$35.00
1968.01	Ms Sandra Haywood 228 Caves Road Busselton WA 6280	$69.70
	Total	$1,246.08

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The majority of outstanding library debts recommended for write off were raised in 2015/2016 financial year

With the implementation of the new library management system the overdue process is automated with messages sent by SMS and email, with only the final overdue letter raised manually. The overdue process is set out in the South West Libraries Consortia Contract. This continual improvement in customer contacts helps reduce the number and value of library debts being sought for write off each year.

STATUTORY ENVIRONMENT:

Local Government Act 1995 Section 6.12(1)

Subject to subsection (2) and any other written law, a local government may –

(a) When adopting the annual budget, grant a discount or other incentive for the early payment of any amount of money;

(b) Waive or grant concessions in relation to any amount of money; or

which is owed to local government.

Policy / Strategic Implications:

The writing off of any outstanding library debts has the potential to impact on the Council’s libraries to provide the community with a comprehensive range of resources as items may not be replaced.

Organisational risk management:

Nil.

Financial Implications:

If Council supports the recommendation they will choose to write off $1,246.08 as a bad debt. Council has allocated $6,000.00 for bad debts this financial year. To date total sundry debts are nil and total library debts are nil.

Sustainability:

Environmental: There are considered to be no environmental implications.

Economic: May set precedent by borrowers not to pay outstanding library debts.

Social: Reduction in the availability of resources provided to the community as library items may not be able to be replaced. Library borrowers who do not pay the administration fee are precluded from the service.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

Approve for all debts as tabled be written off pursuant to the Local Government Act 1995 Section 6.12(1).

Debtor No	Name & Address	Total
1768.01	Ms Kylie Ann Ellement PO Box 133 Pemberton WA 6260	$40.82
1771.01	Mr Dean Hastie 19 Kennedy Street Pemberton WA 6260	$16.60
1772.01	Ms Elisabeth Margaret Tilly PO Box 283 Pemberton WA 6260	$21.00
1800.01	Ms Amanda Crocker PO Box 106 Pemberton WA 6260	$73.70
1801.01	Mr Blake Christopher Templeton Lot 9 Wheatley Coast Road Northcliffe WA 6262	$35.25
1802.01	Mr Simon Wade Duder 24A Finch Street Manjimup WA 6258	$56.20
1824.01	Ms Nicole Ellis 58B Leman Street Manjimup WA 6258	$51.35
1843.01	Ms Kathleen May Pearce 13B Devon Street Manjimup WA 6258	$17.00
1856.01	Mr Phillip Barnes Address Obsolete	$121.85
1886.01	Mrs Dianne Walley 71A Arnott Street Manjimup WA 6258	$89.30
1889.01	Miss Natasha Buswell 3/9 Doolan Street Bunbury WA 6230	$30.35
1892.01	Miss Tamara Lyons 17 Hastie Street Manjimup WA 6258	$106.75
1893.01	Ms Emma Aiken 20A Limmer Street Manjimup WA 6258	$38.40
1894.01	Mrs Diedre Weston 14A Rae Street Manjimup WA 6258	$101.36
1909.01	Miss Temika McDonald 42 Jarrah Road Manjimup WA 6258	$30.00
1910.01	Miss Stephanie Anne Walley 20B Limmer Street Manjimup WA 6258	$127.80
1913.01	Ms Sharyl Stott 57 Bryce Street Deanmill WA 6258	$46.30
1919.01	Mrs Tracey Lee Doust 30 Lintott Street Manjimup WA 6528	$101.05
1960.01	Ms Rochelle Ryder 19 Wattle Crescent Manjimup WA 6258	$36.30
1961.01	Mr Christen William Jones 12 Bullock Street Manjimup WA 6258	$35.00
1968.01	Ms Sandra Haywood 228 Caves Road Busselton WA 6280	$69.70
	Total	$1,246.08

2. Council exclude the abovementioned lenders from borrowing books, CDs, DVDs or videos from the Shire’s libraries until such time as their debts are paid in full in accordance with Council Policy 11.1.1 - Library Policy.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27130

That Council:

Approve for all debts as tabled be written off pursuant to the Local Government Act 1995 Section 6.12(1).

Debtor No	Name & Address	Total
1768.01	Ms Kylie Ann Ellement PO Box 133 Pemberton WA 6260	$40.82
1771.01	Mr Dean Hastie 19 Kennedy Street Pemberton WA 6260	$16.60
1772.01	Ms Elisabeth Margaret Tilly PO Box 283 Pemberton WA 6260	$21.00
1800.01	Ms Amanda Crocker PO Box 106 Pemberton WA 6260	$73.70
1801.01	Mr Blake Christopher Templeton Lot 9 Wheatley Coast Road Northcliffe WA 6262	$35.25
1802.01	Mr Simon Wade Duder 24A Finch Street Manjimup WA 6258	$56.20
1824.01	Ms Nicole Ellis 58B Leman Street Manjimup WA 6258	$51.35
1843.01	Ms Kathleen May Pearce 13B Devon Street Manjimup WA 6258	$17.00
1856.01	Mr Phillip Barnes Address Obsolete	$121.85
1886.01	Mrs Dianne Walley 71A Arnott Street Manjimup WA 6258	$89.30
1889.01	Miss Natasha Buswell 3/9 Doolan Street Bunbury WA 6230	$30.35
1892.01	Miss Tamara Lyons 17 Hastie Street Manjimup WA 6258	$106.75
1893.01	Ms Emma Aiken 20A Limmer Street Manjimup WA 6258	$38.40
1894.01	Mrs Diedre Weston 14A Rae Street Manjimup WA 6258	$101.36
1909.01	Miss Temika McDonald 42 Jarrah Road Manjimup WA 6258	$30.00
1910.01	Miss Stephanie Anne Walley 20B Limmer Street Manjimup WA 6258	$127.80
1913.01	Ms Sharyl Stott 57 Bryce Street Deanmill WA 6258	$46.30
1919.01	Mrs Tracey Lee Doust 30 Lintott Street Manjimup WA 6528	$101.05
1960.01	Ms Rochelle Ryder 19 Wattle Crescent Manjimup WA 6258	$36.30
1961.01	Mr Christen William Jones 12 Bullock Street Manjimup WA 6258	$35.00
1968.01	Ms Sandra Haywood 228 Caves Road Busselton WA 6280	$69.70
	Total	$1,246.08

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.3.2 Council Financial Payments June 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F1600967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	11/8/17
DECLARATION OF INTEREST:	Nil

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.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The accounts for payment totalling $2,350,671.94 for the month of June 2017 are itemised in the attachment and in the Corporate Card Statement listed below.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 24 August 2017.

Fund	Vouchers	Amount
Municipal	90184 – 90298	$268,723.64
Trust Fund	3079 – 3083	$39,012.23
Total Cheques for Month of June 2017		$307,735.87

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 24 August 2017.

Fund	Batch	Amount
Municipal	274 - 284	$2,034,507.65
Total EFT for Month of June 2017		$2,034,507.65

Corporate Credit Card June 2017 – Municipal Account

20247.830.57	Australian Institute of Building Surveyors AIBS – Annual membership renewal P. Krispyn		$499.00
20047.81.52	Raine Square Perth Parking for CEO – Perth Meeting w/ DRD		$25.00
20049.197.57	Tall Timbers Lunch for meeting w/ Department of Lands ST:3 NS:3		$227.00
87.4999.6625.57	Tall Timbers Refreshment for recruitment interview ST:2 NS:1		$19.20
86.4999.6405.50	Adobe Creative Cloud CS7 Suite for Pro to design docs		$65.70
20049.197.57	Top Deck Café Walpole Lunch for meeting with CR Tapley		$36.00
87.4999.2283.57	The Truffle Restaurant Manjimup Departure gift – Meal CEO, SP & PRO		$125.40
87.4999.2283.57	Manjimup Florist Departure gift for PRO		$100.00
20057.198.57	EB Richmond Registration to Future Ready Conference ICT Coordinator		$550.00
20059.197.57	Melbourne IT Ltd Digital Certificate for Manjimup.wa.gov.au		$220.00
99999.908.99	Westnet Internet services 1/6/17 – 1/7/17		$749.54
20412.197.57	Drift Café Margaret River Morning tea – Meeting Bike Network		$13.00
20412.197.57	Sails Too Margaret River Lunch – Meeting Bike Network		$38.00
180.9482.20.50	Department of Environment Perth Clearing application – Windy Harbour Rd NCF		$200.00
180.9476.20.50	Department of Environment Perth Clearing application – Middleton Rd NCF		$200.00
20262.197.57	WEBJET Return flight to Sydney MTS to attend Austroads Forum		$734.53
20262.197.57	Metro Hotel Sydney Accomm – MTS to attend Austroads Forum		$135.00
66.4999.7300.57	Adobe Creative Cloud Monthly Subscription – Corp Admin Officer		$52.10
Various	WEX Australia (Coles) Groceries, containers & Forks for MRAC Cafe		$178.27
20049.197.57	Patricia Ann Keegan (Bello Torta) Breakfast SMT meeting ST:5		$106.10
20221.197.57	Coles Manjimup Catering – Housing Forum		$90.96
20148.213.52	Mantra On Murray Perth Accomm/Breakfast & Parking – M.HACC meetings in Perth		$767.85
Various	WEX Australia (Coles) Groceries for MRAC Cafe		$139.75
20148.198.52	Gevers Goddard Jones Aged Care Manual Licence & Support		$3,050.00
20049.197.57	Bunnings Melville 6x self-watering pots for CIO		$101.88
719.4000.6351.57	City of Perth Parking Parking for TCR Project meeting - Perth		$4.14
Total Credit Card Payments			$8,428.42
Total Payments for the month June 2017		$2,350,671.94

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations

(12) and (13).

Policy / Strategic Implications:

Nil

Organisational risk management:

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 2017 totalling $2,350,671.94 as detailed in Corporate Card Statement and Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27131

That Council receive the accounts paid during June 2017 totalling $2,350,671.94 as detailed in Corporate Card Statement and Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.3.3 Monthly Financial Activity Statement - June 2017

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160188
LEGISLATION:	Local Government Act 1995; Local Government (Financial Management) Regulations 1996
AUTHOR:	Greg Lockwood
DATE OF REPORT:	12 August 2017
DECLARATION OF INTEREST:	Nil

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; and

ü Net current assets.

The Financial Activity Statement report for the period to 30 June 2017 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.3(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 30 June 2017 is a projected surplus of $19,216,648.

This surplus similar to last year has been influenced heavily by unexpended grant funding and abnormal items to be completed in 2017/18. They are;

· $12,390,000 Manjimup Town Centre Revitalisation Stage 2;

· $2,066,034 Seniors Affordable Housing Project;

· $1,053,516 Agriculture Expansion Project;

· $2,128,166 Advance General Purpose Grants;

· $679,585 various capital jobs (Whole Shire); and

· $820,465 various abnormal items (Whole Shire).

After removing the carry forwards that form part of the 2017/18 adopted budget, the projected surplus for the 2016/17 financial year is $78,882. The $78,882 is still only a provisional figure as during the preparation of the end of financial year accounts there may be some adjustments required to complete the year.

Whilst the Shire of Manjimup ends the year with a moderate surplus position, there have been many items that have both positively and negatively affected the end of year position. The list below does not include items that form part of the carry forward figure.

Areas that have had a negative effect on Council’s end of year position;

· Investment Income $49,078 under budget – Due to very low investment interest rates Investment Income is well under budget;

· Insurance Costs $43,762 over budget – Due to an increase in premiums above budget but also a change in policy from the Insurer’s to refund dividends in the following financial year, this change in policy should have a positive effect on the 17/18 accounts;

· Library/Gallery Salaries $51,799 over budget - This is a significant overspend in an area that should be relatively stable given the set opening times across all Libraries. The main reasons for the over spend is due to the training required for the implementation of the new Library operating system, two staff members being on extended sick leave requiring replacement and the introduction of the Gallery requiring unknown resources in its early stages of programing;

· Works Storm Damage $77,171 over budget – One of the most difficult line items to predict, the Shire of Manjimup saw significant storm events late in winter of 2016; and

· Works Salaries $51,537 over budget – This over expenditure is calculated after the removal of salaries recouped from LGIS. $37,724 can be attributed to the payment of Long Service Leave with the remaining overspend coming from the booking up of leave rather than it being taken.

Positive items helping arrest the end of year position are;

· Technical Service Staff Allocations $127,596 under budget – The Technical Services section has been without two staff members for the majority of the financial year;

· Tipping Fees – Manjimup $127,596 ahead of budget – Due to the large amount of construction activity in Manjimup, Tipping Fees is well ahead of budget. With extra income comes extra costs related to managing the site but any surplus funds will be transferred to the Waste Management Reserve for future use;

· Loan Repayments $68,695 under budget - Due to the late draw down of Loans anticipated in the 16/17 budget, lower levels of were repaid to lenders;

· Interest Expense $33,408 under budget – Due to the late draw down of Loans anticipated in the 16/17 budget, lower levels of interest were charged for this financial year; and

· Building/Planning Fees $31,257 ahead of budget – There has been a noticeable increase in development activity which has translated to extra income for both Building and Planning.

Whilst the final end of year position will not be determined until the Annual Financial Accounts have been audited in October it is expected that the reported $78,882 should only receive minor adjustments as the accounts are finalised

STATUTORY ENVIRONMENT:

Section 6.8 Local Government Act and Financial Management Regulation 34.

Policy / Strategic Implications:

Nil

Organisational risk management:

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 Monthly Financial Activity Statement Report for June 2017 as per Attachment: 9.3.3 (1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27132

That Council receive the Monthly Financial Activity Statement Report for June 2017 as per Attachment: 9.3.3 (1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.1 Delegated Planning Decisions for July 2017

PROPONENT	Shire of Manjimup
OWNER	Various
LOCATION / ADDRESS:	Various
WARD:	Various
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170085
LEGISLATION:	Local Government Act 1995 Planning and Development Act 2005
AUTHOR:	Samantha Simmonds
DATE OF REPORT:	7 August 2017
DECLARATION OF INTEREST:	Nil

Background:

Council delegates a number of planning powers to the Chief Executive Officer under clause 11.3.1 of Shire of Manjimup Local Planning Scheme No.4 (the Scheme). These powers have been on-delegated by the Chief Executive Officer to other staff in accordance with clause 11.3.3 of Local Planning Scheme No 4.

Clause 11.3.5 of the Scheme requires that a delegation under the Scheme is consistent with sections 5.45 and 5.46 of the Local Government Act 1995 (LG Act) and the regulations referred to in clause 5.46 of that Act. Regulation 19 of the Local Government (Administration) Regulations 1996 requires that a written record of each delegated decision is kept.

Monthly reporting of delegated planning decisions is undertaken to allow Council to have an appropriate level of oversight on the operation of the delegated authority on development approvals.

The register of delegated planning decisions made under clause 11.3 of the Scheme for July 2017 is attached.

ATTACHMENT: 9.5.1(1)

PUBLIC Consultation Undertaken:

Each delegated application was subject to the level of advertising where required by the Scheme or Council’s Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals as shown on the register of delegated decisions.

COMMENT (Includes Options):

During July 2017, fifteen (15) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for July 2017 compared to July 2016:

Table 1: Planning Decisions Made July 2016 and 2017

	July 2016	July 2017
Delegated Decisions	10 ($959,438)	15 ($970,662)
Council Decisions	5 ($164,340)	4 ($4,305,000)
Total	15 ($1,123,778)	19 ($5,275,662)

The monthly report normally includes an overview of the Year-to-Date statistics for the current and previous Financial Year. However, given this report covers the start of the new Financial Year, this summary is not required at this time.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4 and Local Government Act 1995.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receives the report on Delegated Development Approvals for July 2017 as attached at 9.5.1(1).

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27133

That Council receives the report on Delegated Development Approvals for July 2017 as attached at 9.5.1(1).

ADOPTED BY EN BLOC RESOLUTION: 9/0

ATTACHMENT

9.5.2 Proposed Change of Use from Dwelling to Holiday House at Lot 72 (32) Latham Avenue, Walpole

PROPONENT	WC & TL Hardiman
OWNER	WC & TL Hardiman
LOCATION / ADDRESS:	Lot 72 (32) Latham Avenue, Walpole
WARD:	South
ZONE:	Residential R20
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P55540, DA17/163, TP153/2017
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	7/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider a planning application for a change of use from a Dwelling to a Holiday House at Lot 72 (32) Latham Avenue, Walpole. The site and management details are attached.

ATTACHMENT: 9.5.2(1)

Location Plan

Lot 72 has an area of 1088m² and currently contains a dwelling, and two general purpose sheds. The application is proposing the use of the existing dwelling for the purposes of a Holiday House. The proposal will utilise the existing facilities available on the property with no new construction proposed.

The key elements of the proposal are:

· The application is proposing the number of guests will be a maximum of six (6) persons;

· The management and cleaning of the property will be undertaken by one of the landowners;

· The implementation of the Emergency Evacuation Response plan as submitted;

· No signage is proposed for the Holiday House application;

· Parking is available for 2 cars from Latham Avenue; and

· Bookings for the Holiday House will be through the Air BNB website, Walpole-Nornalup Visitors Centre and a local real estate agent.

The application is referred to Council for determination as approval to the application will require the use of discretion not delegated to Shire Officers.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to all adjoining landowners. A sign was also placed onsite to notify the general pubic of the proposal. No submissions were received during the advertising period.

COMMENT (Includes Options):

The provisions of the Local Planning Scheme No. 4 (the Scheme) include the subject land within the Residential Zone. A Holiday House is an ‘A’ use within the Residential Zone. That is a use which is not permitted unless approval is sought and granted by Council following advertising of the proposal.

To guide Council in its determination of the application the following comments are offered:

Land Use

The proposed use is consistent with the definition of a Holiday House, which means a dwelling together with its associated outbuildings that are:

· designed primarily as a dwelling house for permanent residential purposes whether or not occupied periodically as such; and

· used, whether or not for commercial gain or reward, from time to time for unsupervised, short-stay tourist accommodation purposes including people that are members of the owner’s family but including all people where the owner is a company.

As described in the proponent’s management plan, the application is for short term accommodation to be operated on a commercial basis, and is to be operated by the current owners. The application proposes that a maximum of 6 persons will use the Holiday House at any one time.

Scheme Requirements

Consistency with Zoning

The objectives of the Residential Zone as outlined in clause 4.3.2 of the Scheme are designed to manage and conserve the amenity of residential locales and provide for adequate supply of residential land. Non-residential activities are limited to those activities that to create self-employment, provided they do not have a detrimental impact on the amenity.

The proposed Holiday House will provide the owner with a source of income and provided that the behaviour of future occupants is appropriately managed, the proposed Holiday House is not expected to have any impact upon the amenity of the surrounding area or environmental attributes of the area.

Consistency with the Holiday Houses Policy

The application has been assessed against the Local Planning Policy 6.1.5 Holiday Houses and is considered to be generally consistent with the Policy Measures of the Policy outlined below:

· The proponents will be responsible for the day to day cleaning of the holiday house and maintenance;

· The proponent has stated that all bookings will be made through a website called Air BnB, Walpole-Nornalup Visitors Center and a local real estate agent. The keys will be available to the customer through a locked key box on the property;

· The proponent has advised that the number of guests proposed to be limited to six (6) persons. The proponent has not stated whether these six people will be known to each other. Given this, it is recommended that a condition be imposed specifying that all occupants of the Holiday House are to be known to each other, to ensure compliance with the Scheme;

· There is sufficient car parking spaces for two (2) vehicles on site. Should Council resolve to approve the Holiday House, it can be satisfied that there is sufficient car parking on the site. However, it is recommended that a condition requiring on-site parking for at least 2 car parking spaces to service the Holiday House are including on any approval granted by Council to reinforce this requirement;

· The proponent has indicated that vehicular access to the property will be available from Latham Avenue. However noted that currently there is no formal crossover to Latham Avenue. It is therefore recommended Council include a condition requiring the proponent construct a crossover to a sealed standard to service the property, as required by the Policy.

· The proponent has supplied an Emergency Evacuation Plan showing the evacuation points as well as the assembly area and a plan will also be displayed showing where the fire extinguishers and fire blankets are located;

· Signage has not been proposed for the Holiday House by this application, any signage beyond what is allowed by the Scheme will require the further approval of the Shire of Manjimup. This will be conditioned on any approval granted by Council; and

· The applicants currently have not stated whether they have Public Liability Insurance. This will be conditioned on any approval granted by Council.

As demonstrated above, the Policy requirements can be conditionally met by the applicants. The management details address the Policy Measures adequately. The applicant will be required to provide a copy of the property’s Public Liability Insurance should Council grant approval.

Building Code

In accordance with the Building Code of Australia, the proposed Holiday House will require a change of classification prior to commencement of the use. It is proposed that an advice note be included on any approval granted.

Health Act

The proposed use will be required to operate in compliance with all relevant requirements of the Public Health Act 2016. Shire staff propose that an advice note be included on any approval granted by Council to reflect this requirement.

Guest Register

The applicant is required to maintain a guest register of all guests and this is to be made available to the Shire of Manjimup on request.

Conclusion

As detailed above, the Holiday House at Lot 72 (32) Latham Avenue, Walpole generally conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.5 – Holiday Houses.

Given the above, it is recommended that the application be approved subject to conditions ensuring compliance with the Policy.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The application has been assessed in accordance with the provisions of Local Planning Policy 6.1.5 – Holiday Houses.

Organisational risk management:

Approval of this application by Council, provided that the Holiday House is compliant with the Scheme and Policy, and enforced through conditional consent granted by Council, will not generate any organisation risk.

Financial Implications:

The required Development Application Fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

Economic: The proposal if approved by Council will allow the proponent to increase business activity on the property and potentially increase the economic return of the property.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for a Change of Use from a Dwelling to a Holiday House at Lot 72 (32) Latham Avenue, Walpole (TP153/2017) in accordance with the submitted plans as attached at 9.5.2(1) and subject to the following conditions:

1. Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup;

2. Prior to commencement of the use hereby approved, a formal vehicular crossover between the subject land and Latham Avenue is to be located, designed, constructed, sealed and drained to the satisfaction of the local government;

3. The Holiday House hereby approved is limited to a maximum of six (6) persons who are known to each other in the premises at any one time to the satisfaction of the Shire of Manjimup;

4. The Holiday House is not to be occupied by a person for more than three (3) months within any twelve (12) month period. In this regard, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the Shire of Manjimup, and the register shall be made available for perusal by the Shire of Manjimup on demand;

5. The submitted management details form part of the application and shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;

6. The Emergency Evacuation Response Plan, including provision of the Managers contact details, is to be displayed in the Holiday House at all times;

7. Two (2) car parking spaces are to be provided on site for the use of users of the Holiday House at all times;

8. Any proposed signage for the Holiday House beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup.

Advises the applicant that:

1. Further to condition No 2, the applicant is advised that the crossover is required to be constructed in accordance with the Shire’s Technical Services Policy 9.1.10.

2. In all buildings approved for use as a Holiday House, a system of emergency lighting will need to be installed to assist in evacuation of occupants in the event of fire and this lighting will need to:-

a) be activated by a smoke alarm(s); and

b) consist of:

· lights incorporated into the smoke alarm itself; and

· lighting incorporated in the corridor, hallway or area served by the required smoke alarm(s).

3. The approved development must comply with all relevant provisions of the Public Health Act 2016 and the Building Act 2014; and

4. A Building Permit is required to be obtained from Building Services for the reclassification of the Dwelling to a Holiday House.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27134

1. Prior to the commencement of the approved use, the applicant is to supply a copy of their Public Liability Insurance to the Shire of Manjimup;

3. The Holiday House hereby approved is limited to a maximum of six (6) persons who are known to each other in the premises at any one time to the satisfaction of the Shire of Manjimup;

5. The submitted management details form part of the application and shall be implemented on an ongoing basis to the satisfaction of the Shire of Manjimup;

6. The Emergency Evacuation Response Plan, including provision of the Managers contact details, is to be displayed in the Holiday House at all times;

7. Two (2) car parking spaces are to be provided on site for the use of users of the Holiday House at all times;

8. Any proposed signage for the Holiday House beyond the requirements of the Shire of Manjimup Local Planning Scheme No.4 will require the further approval of the Shire of Manjimup.

Advises the applicant that:

1. Further to condition No 2, the applicant is advised that the crossover is required to be constructed in accordance with the Shire’s Technical Services Policy 9.1.10.

a) be activated by a smoke alarm(s); and

b) consist of:

· lights incorporated into the smoke alarm itself; and

· lighting incorporated in the corridor, hallway or area served by the required smoke alarm(s).

3. The approved development must comply with all relevant provisions of the Public Health Act 2016 and the Building Act 2014; and

4. A Building Permit is required to be obtained from Building Services for the reclassification of the Dwelling to a Holiday House.

ADOPTED BY EN BLOC RESOLUTION: 9/0

Cr Winfield declared a Financial Interest in this Item as his wife’s business consults to the Shire on these projects. Cr Winfield did not speak or vote on the matter and left the Chamber at 5.43pm.

9.1.2 State Government Withdrawal of Part Funding for the Revitalisation of Manjimup's Town Centre Project.

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Town Site
WARD:	Central
ZONE:	Various
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160948
LEGISLATION:	Local Government Act 1995 and the Royalties for Regions Act 2009.
AUTHOR:	Andrew Campbell
DATE OF REPORT:	9/08/2017
DECLARATION OF INTEREST:	Nil

Background:

On 23 June 2017 the Shire President, Deputy Shire President and Chief Executive Officer were invited to meet with the Hon. Alannah MacTiernan MLC, Minister for Agriculture and Food, and Regional Development in Manjimup.

Prior to the meeting with Minister MacTiernan, the Shire of Manjimup had become aware that the new State Government elected in March 2017 had commenced a strategic review into all projects previously funded fully or in part by the State Government including those funded under the Royalties for Regions program. The review was part of a broader review into the State Government budget situation.

In response to a probable review of the Revitalisation of Manjimup’s Town Centre Stage 2 project, the Shire of Manjimup undertook the following activities:

· The Chief Executive Officer engaged Lucid Economics to undertake an Economic Impact Assessment of the Revitalisation of Manjimup’s Town Centre Stage 1 project and used that information to prepare a detailed briefing note on Stage 1 and Stage 2 of the Revitalisation of Manjimup’s Town Centre project;

· The Chief Executive Officer sought legal advice regarding the ability of the State Government to remove funding under the Financial Assistance Grant for the Revitalisation of Manjimup’s Town Centre Stage 2 project;

· The Shire of Manjimup has proactively procured for the Revitalisation of Manjimup’s Town Centre Stage 2 project to endeavour to demonstrate the ongoing commitment to transformational change in Manjimup;

· The Shire President and Chief Executive Officer met with the Minister for Agriculture and Food, and Regional Development’s Chief of Staff and Senior Policy Advisor to provide information about the project including the success of the Revitalisation of Manjimup’s Town Centre Stage 1 project, and to seek information about the State Government’s position on current Royalties for Regions projects; and

· The Chief Executive Officer met with the Department of Regional Development to provide information about the project including the success of the Revitalisation of Manjimup’s Town Centre Stage 1 project, and to seek information about the State Government’s position on current Royalties for Regions projects.

It was obvious at the meeting with the Minister on 23 June 2017, the preceding work undertaken by the Shire of Manjimup in the lead up to the meeting, media and anecdotal reports from other Local Governments that the Revitalisation of Manjimup’s Town Centre Stage 2 project, consisting of the part funded by the Royalties for Regions program, may be in jeopardy. At the meeting, Minister MacTiernan indicated this was the case and some project funding would have to be handed back to the State Government to assist in countering a significant State Government budget deficit.

On 9 August 2017 the Shire of Manjimup received confirmation that $3,000,000 was required to be returned to the State Government from the Royalties for Regions component of the Revitalisation of Manjimup’s Town Centre Project.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Whilst the return of $3M in funding to the State Government is extremely disappointing, it is clearly understood that the incoming State Government had inherited a significant budget deficit as a result of revenue impacts and expenditure outcomes prior to them forming Government. It was further understood and confirmed by legal opinion that the State Government had the right under the existing Financial Assistance Agreement to take back all unspent funds from the Revitalisation of Manjimup’s Town Centre project if desired. At the time this could have equated to more than $12M of the $22.29M of the Royalties for Regions project total.

The strategy applied by the Shire of Manjimup was to simply attempt to minimise the impact of funding removal by working with the State Government in a conciliatory manner to ensure that the project could continue to be delivered as close as possible to what was previously agreed. It was also considered very important to ensure Government relationships were established or maintained for the benefit of the Shire of Manjimup into the future.

The recent injection of $1.2M of additional unexpected LotteryWest funding into the Revitalisation of Manjimup’s Town Centre Stage 2 project has softened the impact of the pending return of Royalties for Regions funds to the State Government and senior Shire staff still consider the project will be delivered as planned albeit with a small scaling back of some project initiatives. The recent announcement of $2.67M from the Federal Government Building Better Regions Fund for the South West Energy Experience as part of the Revitalisation of Manjimup’s Town Centre Stage 2 project further strengthens the ability of the Shire of Manjimup to guide the project to as close to full completion as possible.

STATUTORY ENVIRONMENT:

Local Government Act 1995 and the Royalties for Regions Act 2009.

Policy / Strategic Implications:

The removal of $3M of project funding will not materially prevent the Shire of Manjimup from delivering the foundation of the Revitalisation of Manjimup’s Town Centre project. Under the conditions of the Financial Assistance Agreement for the Revitalisation of Manjimup’s Town Centre Stage 2 project, the State Government could have required the return of all unspent Royalties for Regions funds.

Organisational risk management:

It is not expected that the Shire of Manjimup will be exposed to any additional financial or reputation risk as the Revitalisation of Manjimup’s Town Centre Project is still expected to be delivered to completion.

Financial Implications:

The State Government has formally requested the return of $3M of Royalties for Regions funding for the Revitalisation of Manjimup’s Town Centre Stage 2 project.

Sustainability:

Environmental: Nil

Economic: As indicated in the report.

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Agree to return $3,000,000 of Royalties for Regions funds for the Revitalisation of Manjimup’s Town Centre Stage 2 Project to the State Government; and

2. Continue to partner with the State Government to leverage beneficial outcomes for all residents in the Shire of Manjimup.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Logan, C

27136

That Council:

1. Agree to return $3,000,000 of Royalties for Regions funds for the Revitalisation of Manjimup’s Town Centre Stage 2 Project to the State Government; and

2. Continue to partner with the State Government to leverage beneficial outcomes for all residents in the Shire of Manjimup.

CARRIED: 8/0

Cr Winfield returned to the Chamber at 5.44pm.

ATTACHMENT

9.1.3 City of Busselton Request for a Financial Contribution to the Busselton Margaret River Regional Airport - Airline Marketing Fund

PROPONENT	City of Busselton
OWNER	City of Busselton
LOCATION / ADDRESS:	86 Neville Hyder Drive, Yalyalup WA 6280
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160189
LEGISLATION:	Nil
AUTHOR:	Andrew Campbell
DATE OF REPORT:	9/08/2017
DECLARATION OF INTEREST:	Nil

Background:

The City of Busselton is currently engaged in the ambitious Busselton Margaret River Regional Airport (BMRRA) Development Project. The objective of the BMRRA is to redevelop the existing airport to enable the introduction of direct international and interstate flights into the South West region of Western Australia.

The Shire of Manjimup has previously provided letters of support for the project concept and this contributed to the receipt of Federal, State and Local funding for the airport redevelopment. Prospective benefits to the communities in the Shire of Manjimup were identified in the tourism and agricultural industry sectors in addition to possible air transport benefits for local residents.

The City of Busselton has requested a financial contribution of
$10,000 spread over five years from the Shire of Manjimup and all of the other South West Local Governments, toward an Airline Marketing Fund. The City of Busselton’s contribution is $3.5M over the same period.

A copy of the request from the City of Busselton is attached.

ATTACHMENT: 9.1.3(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

It is understood that it is quite difficult to attract and retain an airline carrier for international and interstate destinations from essentially what will be a new airport not currently operating in similar markets. It is considered that the City of Busselton’s approach to establishing a significant Airline Marketing Fund is a strategy that will give them the best shot at achieving their desired outcomes not only within their Local Government district but potentially within the entire South West region.

The request for a contribution of $10,000 over five years is considered to be a small cost to the Shire of Manjimup in creating something that could potentially transform the South West region if successful. Whilst potential benefits to the Shire of Manjimup may be insignificant at first, over time if the project is successful by attracting and retaining airline carrier/s for international and interstate flights, the benefit to the whole South West region including the Shire of Manjimup may be significant.

The Shire commits considerable funds to marketing and promotion each year and it is considered that $2,000 per annum for the next five years is a small investment in a large regional project that Council should give favourable consideration to.

STATUTORY ENVIRONMENT:

Nil.

Policy / Strategic Implications:

Tourism and agriculture are two very important industry sectors in the Shire of Manjimup. Additionally the introduction of significant jet movements into the BMRRA may result in pressure on light air traffic to relocate to quieter airfields such as located in Manjimup.

Organisational risk management:

Nil.

Financial Implications:

The contribution requested by the City of Busselton is $2,000 per year for the next five years. This amount can be sourced from within existing budget allocations.

Sustainability:

Environmental: Nil

Economic: The BMRRA has the potential to provide medium to long term economic benefit to the Shire of Manjimup in the industry sectors of tourism and agriculture.

Social: Having an airport in close proximity to the Shire of Manjimup that offers international and interstate air travel destinations is considered to have positive social benefit to the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council agree to fund $2,000 per year for the next five financial years toward the City of Busselton’s Airport Marketing Fund as part of the Shire of Manjimup’s annual Marketing Budget.

COUNCIL RESOLUTION:

Moved: Logan, C Seconded: Tapley, D

27137

That Council agree to fund $2,000 per year for the next five financial years toward the City of Busselton’s Airport Marketing Fund as part of the Shire of Manjimup’s annual Marketing Budget.

CARRIED: 9/0

ATTACHMENT

9.5.3 Proposed Replica Blacksmith's Forge at Lot 628, 629 and 741 Edwards Street, Manjimup (Manjimup Timber and Heritage Park)

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 628, 629 and 741 Edwards Street, Manjimup (Manjimup Timber and Heritage Park)
WARD:	Central
ZONE:	Parks and Recreation Reserve
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/168, TP158/2017, P53584
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	11/08/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a Civic Use (Replica Blacksmith’s Forge) at Lot 628, 629 and 741 Edwards Street, Manjimup (Reserve 26199 - Manjimup Timber and Heritage Park). Location, Site and Development Plans are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

The application proposes the construction of a 65m² replica Blacksmith’s Forge is to be constructed over the site. The replica forge will be constructed in similar style to the historic buildings in the Hamlet, using Jarrah wall boards and steel roof sheeting to maintain the aesthetic. The floor of the building will be compacted earth.

Council is requested to determine the application given the strategic nature of the proposal and the fact the development is to be located on Crown Reserve vested with the Shire.

PUBLIC Consultation Undertaken:

Consultation has previously been undertaken for the adoption of Local Planning Policies LPS4 6.1.31 Manjimup Townscape and LPS4 6.1.32 Manjimup SuperTown Growth Plan. These policies have now been consolidated into Local Planning Policy LPS4 6.1.14 Development of Manjimup Town Site, which incorporates the Manjimup Timber and Heritage Park Concept Landscape Masterplan. The new Policy was also advertised for public comment prior to adoption.

In addition to the previous consultation, Shire staff have been liaising closely with the Timber and Heritage Park Advisory Committee over the final design and location of the replica forge.

Given the previous amount of public consultation additional consultation relating specifically to this application is not recommended.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (LPS No 4) Reserves the subject land for the purposes of Parks and Recreation.

Unlike zones identified within the Scheme, the use of land reserved by the Scheme is not regulated by the zoning table. In accordance with Part 3.4 of LPS No 4, regard must be given to the following matters when determining an application for planning consent:

(i) the matters set out in clause 10.2; and

(ii) the ultimate purpose intended for the Reserve.

Land Use Classification

Examining of LPS No 4 indicates that the proposed uses are consistent with the land use classifications of Civic Purpose, which the Scheme defines as follows:

“civic use” means premises used by a state or commonwealth government department, an instrumentality of the Crown, or the local government, for administrative, recreational or other purposes;

The ultimate purpose of the reserve is “Parks and Recreation”. It should also be noted that the Management Order for Reserve 26199 indicates that the Reserve is for the designated purpose of “Historic Buildings and Park”.

Shire staff are of the view that the proposed Civic Use is within keeping with the ultimate intended purpose of the ‘Parks and Recreation Reserve’.

Matters to be Considered

Clause 10.2 of the Scheme requires that in determining an application for planning consent, the Shire must have regard to various matters, including but not limited to:

(i) The aims and provisions of the Scheme;

(ii) Requirements for orderly and proper planning;

(vi) The adopted Local Planning Strategy and any Local Planning Policy adopted by the local authority;

(viii) In the case of a reserve, the ultimate intended purpose of that reserve;

(x) The compatibility of the use or development with its setting, including the potential impact on the use and enjoyment of adjacent and nearby land;

(xvi) The relationship of the proposal to development on adjoining land or on other land in the locality, including but not limited to the likely effect of the height, bulk, scale, orientation and appearance of the proposal;

(xvii) The means of vehicle access to and egress from the site are adequate and whether adequate provision has been made for loading, unloading, manoeuvring and parking or vehicles; and

(xxv) The potential benefit resulting from the planning proposal;

The application as received is consistent with the intended purpose of the reserve and both the use and development are considered to be compatible with its setting.

Development Controls

As the land is reserved by the Scheme rather than included within a zone, there are development controls, with the exception of carparking are determined at discretion of the local government after having due regard to the criteria included in clause 10.2 of the Scheme.

Car Parking

The Scheme outlines the car parking requirements for a range of uses in Table 2. The 65m² Blacksmith’s Forge has been considered a ‘civic use’ for the purposes of car parking. The Scheme requires one car parking space per 30m² for a civic use, requiring 3 spaces.

It is noted however that the replica forge is part of the overall redevelopment/revitalisation of the park being undertaken as part of the Town Transformation program. As part of this redevelopment, a total of 182 parking spaces (existing and proposed), inclusive of accessibility parking bays.

Given the above, it is recommended that Council give consideration to a relaxation of the parking standards in accordance with Part 5.5 of the Scheme. Further advice on the relaxation of standards is provided within the Statutory Environment section of this agenda item.

Landscaping

Current levels of landscaping within the Timber and Heritage Park exceed normal standards of landscaping identified by the Scheme. It is also noted that the significant additional landscaping works are to be carried out as part of the development of the Timber and Heritage Park.

Drainage Management

Hydrology consultants working on behalf of the Shire are currently finalising a detailed drainage design for the park. Although these designs are yet to be completed, the following principals are being applied:

a) Drainage from the Blacksmith’s Forge will be first directed to adjacent garden beds, maximising use at source; and

b) Any excess drainage will be directed to the Parks overall drainage system using a system of swales and/or drains.

Shire staff are therefore satisfied that all drainage will be contained on site or directed to the Parks overall drainage system.

Community Benefit of Proposal

The proposed development has the potential to increase the range and number of events that will be held at the Park. The proposed development will therefore have a positive effect on the social fabric of Manjimup with an increase in the range of community facilities available for use and a corresponding broadening of social activities for the community and visitors to partake in.

Conclusion

Given the community benefit this proposal provides, it is recommended that the development application be approved subject to the conditions and advice provided in the Officer Recommendation.

STATUTORY ENVIRONMENT:

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

In accordance with Part 5.5 of the Scheme, where a development “does not comply with a standard or requirements prescribed under the Scheme, the local government may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the local government thinks fit.” The power conferred by this clause may only be exercised if the local government is satisfied that the approval would be appropriate and the non-compliance with not have an adverse impact on the occupiers or users of the development.

With respect to this application, it is recommended that Council vary the Scheme requirements in relation to parking given that parking for the entire park is being addressed as part of the overall redevelopment.

Policy / Strategic Implications:

Local Planning Policy LPS4 6.1.14 Development of Manjimup Townsite

Manjimup Timber and Heritage Park Management and Development Plan

Manjimup Timber and Heritage Park Interpretive Plan

The proposed development is consistent with the Timber and Heritage Park Landscape Master Plan, which forms part of Local Planning Policy 6.1.14.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: The proposed development will help meet the following Key Performance Indicators listed at ‘Our Prosperity’ Strategy 2.1 of the Shire of Manjimup Strategic Community Plan 2015-2025:

· Increase the number of visitors to the Shire; and

· Provision of new infrastructure to maximise visitor experiences.

Social: The proposed development will have a positive effect on the social fabric of Manjimup with an increase in the range of community facilities available for use and a corresponding broadening of social activities for the community and visitors to partake in.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval to the Civic Use on Reserve 26199 (Lots 628, 629 and 741) Giblett Street, Manjimup (Application TP158/2017), for a period of five (5) years, in accordance with the submitted plans and specifications as attached at 9.5.3(1) and subject to the following conditions:

a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent from the local government;

b) Any external lighting proposed on the subject property must be installed as to not have a detrimental impact upon traffic in the vicinity or upon the general amenity of neighbouring properties;

c) All plant and equipment must be installed and located so that it does not adversely affect the amenity of the area due to emissions of noise or smoke; and

d) The development shall have appropriate storm water collection, storage and re-use systems installed;

2. Advise the Applicant:

a) Before development commences, the existing effluent disposal system must be decommissioned in accordance with Division 3 of the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974;

b) The development the subject of this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911; and

c) This development approval is NOT a building permit. A certified building permit for the dwelling must be formally presented to and approved by Building Services to formalise the development.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Logan, C

27138

That Council:

b) Any external lighting proposed on the subject property must be installed as to not have a detrimental impact upon traffic in the vicinity or upon the general amenity of neighbouring properties;

c) All plant and equipment must be installed and located so that it does not adversely affect the amenity of the area due to emissions of noise or smoke; and

d) The development shall have appropriate storm water collection, storage and re-use systems installed;

2. Advise the Applicant:

b) The development the subject of this planning approval must comply with the requirements of the Health (Miscellaneous Provisions) Act 1911; and

c) This development approval is NOT a building permit. A certified building permit for the dwelling must be formally presented to and approved by Building Services to formalise the development.

CARRIED: 8/0

ATTACHMENT

9.9.1 Proposed Award of Tender RFT 10-16 Construction of the Sandra Donovan Sound Shell

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Timber and Heritage Park, Edwards Street, Manjimup (Reserve 26199)
WARD:	Central
ZONE:	Parks & Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170237
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jessica Winters; Gail Ipsen Cutts
DATE OF REPORT:	20/07/2017
DECLARATION OF INTEREST:	Nil

Background:

The delivery of the Sandra Donovan Sound Shell is a key element of the Manjimup Town Centre Revitalisation Project Stage II Component 2 (Transformation of the Manjimup Timber and Heritage Park). The full design (shovel ready) was undertaken in 2016-17. The design was developed in conjunction with the specially formed Sound Shell Design Project Team, Town Centre Revitalisation Project Management Group with milestone reviews with the Timber and Heritage Park Advisory Committee and at Council briefing sessions.

In accordance with the requirements of the Local Government Act 1995, Tender RFT 10-16 was advertised seeking the services of an appropriately experienced contractor to Tender for the completion of all works associated with the construction of the Sandra Donovan Sound Shell in accordance with the pre-prepared drawings.

The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 10-16 Construction of the Sandra Donovan Sound Shell.

PUBLIC Consultation Undertaken:

Nil as part of the Tender process.

COMMENT (Includes Options):

Seventeen (17) prospective Tenderers downloaded documents from the Shire’s website and a total of three (3) Tenders were received by the closing time.

The Tender Evaluation Panel, comprising three members, undertook to independently assess the Tenders received using an assessment matrix. Assessment scores were then averaged and are presented in the table below. The matrix referenced the terms and assessment criteria of the Request for Tender document. A full summary of Tender assessment is attached.

ATTACHMENT: 9.9.1 (1)

	Weighted Score
	(a) Experience	(b) Ability to Deliver	(c) Rural and Public Experience	(d) Experience of Team	(e) Pricing	Total Score	Ranking
Smith Construction	17.3	8.0	8.0	8.0	30.1	71.4	1
Civilcon Construction	17.3	7.3	8.0	7.3	27.0	67.0	2
TDC Projects	16.0	7.3	8.0	7.3	20.1	58.8	3

Based on all of the information received and assessed it is recommended by the Panel to award Tender RFT 10-16 to Smith Construction.

The Tender from Smith Construction was a high quality submission with all criteria being addressed. The submission demonstrated experience with curved colour bond, steel and acoustic structures. Referee comment also indicated that Smith Construction were well prepared to value manage the contract to allow for savings and efficiencies.

Further, even after considering potential extra costs such as services headworks and connection fees the Tender offer remained the most competitive. In addition some local trades are nominated. As part of the Tender award, Smith Construction will be encouraged to support local trade, wherever feasible.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 requires Tenders to be called for contracts exceeding $150,000.

Policy / Strategic Implications:

The significance of the proposed Sandra Donovan Sound Shell is supported in the following strategic documents:

· Manjimup SuperTown Townsite Growth Plan 2012

· Business Case (2015-16) for Revitalisation of Manjimup’s Town Centre Stage 2

· Manjimup Timber and Heritage Park Management and Development Plan 2006

Organisational risk management:

Risk mitigation has been achieved by the following:

· An assessment panel consisting of three (3) members have individually completed a Tender Assessment Matrix and summarised their findings.

· The Panel have recommended a Tender that is within budget and provides adequate contingency.

· Reference checks undertaken.

· Demonstrated financial sustainability.

Financial Implications:

The recommended Tender is within the available budget approved and secured for the project specified.

Sustainability:

Environmental: Nil

Economic: The facility will save money for community groups otherwise spent on event hire equipment. The facility will also raise revenue for the Shire through facility hire fees. Increased capacity to host larger concerts and event will contribute to increased visitation to the Manjimup Timber and Heritage Park and region.

Social: The idea of an outdoor stage in the Manjimup Timber and Heritage Park originated from the community and handed over to the Shire to deliver. The community provided the Shire with the concepts, requirements and money raised for the shell.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award RFT 10-16, Construction of the Sandra Donovan Sound Shell, to Smith Construction for the price of $734,450 (ex GST) in accordance with their submitted Tender Response.

COUNCIL RESOLUTION:

Moved: Bavich, D Seconded: Daubney, L

27139

That Council award RFT 10-16, Construction of the Sandra Donovan Sound Shell, to Smith Construction for the price of $734,450 (ex GST) in accordance with their submitted Tender Response.

CARRIED: 8/0

Cr Winfield returned to the Chamber at 5.46pm.

ATTACHMENT

9.16.1 Minutes of the Northcliffe Town Centre Revitalisation Committee held 16 May 2017

PROPONENT	Northcliffe Town Centre Revitalisation Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Town Centre
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160288
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	14/08/2017
DECLARATION OF INTEREST:	Nil

Background:

The Northcliffe Town Centre Revitalisation Committee is an advisory committee of Council, formed under the provisions of the Local Government Act for the purpose of:

· To monitor and review the Northcliffe Townscape Plans;

· Provide advice on priorities; and

· Assist in co-ordinating community participation.

The purpose of this agenda item is to receive the unconfirmed minutes of the Committee meeting held on 16 May 2017.

A copy of the unconfirmed minutes is shown attached.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, the Committee meeting was held at the Manjimup Community Information Office at Brockman Street. The intent behind meeting in Manjimup was to provide the Director of Development and Regulation with the opportunity to detail the works being undertaken within the Manjimup Town Centre as part of the Manjimup Revitalisation works.

The following specific resolutions were passed by the committee:

Committee Recommendation		Officer’s Comment
1	Having regard to the feedback on the proposed Townscape Design received during the public meeting, that notwithstanding the committee’s previous design, the Shire be requested to commence a redesign process addressing those matters raised. For example the retention of all off street parking.	Refer to comment section below.
2	That the previous minutes of the Northcliffe Townscape Committee be adopted as a true and accurate record.	Noted. No further action required.
3	Given that the community has expressed no opposition to the works on the Museum Carpark, that the Shire be requested to proceed with these works as a first stage whilst the redesign of the balance of the Townscape works is undertaken.	Refer to comment section below.

Town Revitalisation Concept Plan

As reflected within the minutes, there was a significant level of discussion on the Town Revitalisation Concept Plan for Northcliffe. Whilst the Committee previously endorsed the Plan, significant community feedback was received during a public meeting held in the town. Having regard to this feedback, the committee is requesting that the Shire undertake a further design exercise to address the following:

a) Retention of the existing trees within the Wheatley Coast Road carpark;

b) Deletion of the proposed Town Square in favour of retaining existing car parking numbers.

In accordance with the advice provided to the meeting by the Director of Works and Services, the completion of a redesign and re-costing of the project will delay the project by some 6 months.

2017/18 Financial Year

As elected members would be aware, in adopting the 2017/18 annual budget, it set aside an amount of $147,911 towards “Townsite Mainstreet Upgrade”. These funds were previously earmarked for expenditure within the Northcliffe Town Centre during 2016/17, but were carried forward given the need to review the current Town Revitalisation Project.

Portion of these funds will be utilised for the redesign exercise.

Despite requesting a redesign exercise, the Advisory Committee has noted that no issues have been raised by the community in respect of the Museum Car parking and renovation of the existing toilet block on the corner of Wheatley Coast Road and Zamia Street. Given this, the committee has requested that Council proceed with these two elements during the redesign exercise period.

Prior to committing to proceeding with the Museum Carpark and Toilet Block Renovations, it is recommended that detailed costings be developed. Council’s Building Maintenance Officer is currently identifying a projected costing based on various improvements to the current Toilet Block. These costs should be available shortly.

A further report on the potential Museum Carpark and Toilet Block works will be prepared for Council consideration once costs have been confirmed.

Terms of Reference

As detailed above, the Committee discussed the possible amendment to the Terms of Reference to include the Director of Works and Services - Mr Michael Leers on the committee. Examination of Committee’s current Terms of Reference, which were adopted by Council at the Ordinary Meeting held on 8 December 2016, confirms that Mr Leers is a member of the committee, with the Manager of Parks and Gardens being his proxy.

No further action is therefore required on this matter.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The Shire of Manjimup’s Community Strategic Plan 2017-2027 details a number of relevant Community Goals in respect of Town Centres, being:

4.4 Town centres are accessible, attractive and inviting whilst maintaining their unique characters.

4.5 Parks and open spaces are attractive and create opportunities for people to come together, socialise and enjoy a range of activities.

4.6 Community infrastructure planning that response to an ageing demographic and is also inherently dementia and disability friendly.

Consistent with these Goals, Strategy D6 outlines that it is the Shires intention to “Develop and maintain community infrastructure to a service level that meets the communities needs”. In addition Strategy D9 identifies the desire to “Develop town centres to showcase their unique characters and encourage vibrant, mixed use and commercial spaces”.

In respect of the Northcliffe Townsite, the Advisory Committee previously supported the draft Town Revitalisation Plan. However, the community has sent a clear message that the draft plans do not suit the community, identifying the desire to retain existing trees and car parking numbers. The Advisory Committee has supported the community view point, essentially withdrawing their previous support to the plan.

Given that the Shires goals for Town Centres include a desire to develop and maintain them to meet the community needs, the request for a further design exercise is supported.

Organisational risk management:

Nil

Financial Implications:

As detailed within the Comment section of this agenda item, as part of the 2017/18 annual budget Council set aside an amount of $147,911 towards “Townsite Mainstreet Upgrade”. The costs of completing a redesign of the Northcliffe Town Revitalisation program may be sourced from this budget allocation.

A detailed costing exercise is currently being completed for the Museum carpark and Toilet Block renovation works to ensure that these costs will be wholly contained within the adopted budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: As detailed within the Comment section of this agenda item, the Shire of Manjimup Community Strategic Plan 2017-2027 contains several recommendations relating to Town Centres that are relevant to this matter. Given that it appears the Northcliffe Community as a whole does not support the current Town Centre Revitalisation Plans, a redesign is recommended to ensure that the future development of the Town Centre meets with community expectations.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive and note the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held 15 September 2016.

2. Acknowledge the Northcliffe Town Centre Revitalisation Committee requests for:

a. The Shire to complete a redesign of the plans relating to the Northcliffe Town Centre Revitalisation program, having particular regard to the communities desire to retain the existing car parking area and associated trees abutting Wheatley Coast Road; and

b. The Shire to complete sealed construction of the Museum Car parking Area and renovation of the existing Toilet Block on the corner of Zamia Street and Wheatley Coast Road, Northcliffe.

3. Authorise the Chief Executive Officer to arrange for the redesign of plans associated with Northcliffe Town Centre Revitalisation in accordance with point 1 (a) above, with all costs to be contained within the Shire allocation for “Townsite Mainstreet Upgrade” contained within the 2017/18 annual budget.

4. Defers consideration of the Committee request outlined in point 1(b) above, pending a further report on the detailed costs associated with the requested works.

COUNCIL RESOLUTION:

Moved: Munro, G Seconded: Logan, C

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That Council:

1. Receive and note the unconfirmed minutes of the Northcliffe Town Centre Revitalisation Committee meeting held 16 May 2017.

2. Acknowledge the Northcliffe Town Centre Revitalisation Committee requests for:

b. The Shire to complete sealed construction of the Museum Car parking Area and renovation of the existing Toilet Block on the corner of Zamia Street and Wheatley Coast Road, Northcliffe.

4. Defers consideration of the Committee request outlined in point 1(b) above, pending a further report on the detailed costs associated with the requested works.

CARRIED: 9/0

ATTACHMENT

9.16.2 Minutes of the Walpole Town Centre Revitalisation Committee Meeting held on 17 May 2017

PROPONENT	Walpole Town Centre Revitalisation Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole Town Centre
WARD:	South
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160289
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	30 June 2017
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this agenda item is to receive the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held on 17 May 2017.

A copy of the unconfirmed minutes is shown attached.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As reflected within the unconfirmed minutes, the committee passed the following resolutions for consideration by Council.

Committee Recommendation		Officer’s Comment
1	Plants for the balance of landscaping within the Main Street to be selected on the basis of their suitability, availability and MRWA acceptance.	The recommendation is supported and the Manager of Parks and Gardens is currently finalising the plant selection.
2	Manager of Parks and Gardens to liaise with Finance and Administration to find out what money has been spent and to obtain a list of all expenditure to date and send out to the Committee.	The recommendation is supported, with the requested details to be provided to the next meeting.
3	Signage be erected advising that the Pioneer Park may only be used for Rest only within the designated Rest Area.	The recommendation is supported. Refer to comment section below.
4	With Stage 1 nearing completion the Committee would like Council to give consideration to Walpole being ready to commence Stage 2 in the 2017/2018 budget	It is recommended designs for stage 2 be finalised. Refer to comment section below.

The Manager of Parks and Gardens to confirm why the paving design was extended in front of Philipine Café contrary to the original design supplied to the Committee.

The resolution be noted. The Manager of Parks will be providing the information to the next meeting.

Resolution No 1, 2 and 5 do not require any specific action by the Shire and are being dealt with administratively by the relevant Shire Officers. In respect of the remaining resolutions, the following advice is offered:

Request for Signage

With respect to recommendation number 3 of the committee, as elected members would be aware, there have been ongoing issues with unauthorised camping occurring sporadically within Pioneer Park both within the parking area and the park. Whilst the majority of this camping has been occurring within vehicles, tents have on occasion been involved.

Whilst elected members have previously requested the removal of “no camping” signage at the request of the Walpole-Nornalup Visitors Centre, the committee is now requesting that consideration be given to the use of the more positive wording of “Day Rest Area”. In order to further discourage the use of Pioneer for camping, the committee members have suggested that the contact numbers for caravan parks within Walpole, including afterhours contacts, could be displayed at the Visitors Centre and on signage within the Rest Area.

These suggestions are supported and could be funded as part of the overall redevelopment of Pioneer Park.

Stage 2 Works

In respect of recommendation no 4, Stage 1 of the Town Centre works now complete, with the exception of some landscaping which cannot be completed until Main Roads works are completed. The committee members are now wishing to proceed with Stage 2 as soon as possible. Stage 2 of the Walpole Town Centre Revitalisation works relates to the two intersections being Swan Street/South Western Highway and Vista Street/South Western Highway. The Director of Works and Services has advised that the detailed designs for these two intersections are yet to be finalised and must be designed to the satisfaction of Main Roads WA.

As elected members may be aware the 2017/18 annual budget reflects the fact that portion of the Walpole Town Revitalisation funding from 2016/17 was carried forward. The Director of Works and Services advises that approximately $15,000-$20,000 will be required to complete the balance of landscaping associated with Stage 1. The balance of the carry forward could be used to finalise the detailed designs for the two intersections comprising Stage 2 of the revitalisation program.

It is however suggested that given detailed costings cannot be determined until the detailed designs are finalised and approved by Main Roads, it would not be prudent for the Shire to commit to completion of Stage at this point in time. It is therefore recommended that Council defer consideration of this recommendation pending the completion, approval and costing of the detailed plans have been completed.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

The costs associated with completing the design of the Walpole Town Centre Revitalisation program can be wholly contained within the adopted 2017/18 annual budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The Shire of Manjimup’s Community Strategic Plan 2017-2027 details a number of relevant Community Goals in respect of Town Centres, being:

4.4 Town centres are accessible, attractive and inviting whilst maintaining their unique characters.

4.5 Parks and open spaces are attractive and create opportunities for people to come together, socialise and enjoy a range of activities.

4.6 Community infrastructure planning that response to an ageing demographic and is also inherently dementia and disability friendly.

Completion of Stage 2 of the Walpole Town Centre Revitalisation Program would be consistent with the above goals as set out within the Community Strategic Plan.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. receive and note the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held 15 September 2016;

2. advise the Walpole Town Revitalisation Committee that it supports the erection of appropriate signage to advise members of the travelling public that the Rest Stop Pioneer Park is for Day Rest Only, subject to the associated costs being met within by grant funding associated with the redevelopment of Pioneer Park;

3. request the Chief Executive Officer to arrange for the completion of detailed designs for Stage 2 of the Walpole Town Centre Revitalisation Program to the satisfaction of Main Roads WA and the costing of the proposed works; and

4. give further consideration to timing of works associated with Stage 2 of the Walpole Town Centre Revitalisation Program following compliance with point 3 above.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Munro, G

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That Council:

1. receive and note the unconfirmed minutes of the Walpole Town Centre Revitalisation Committee meeting held 17 May 2017;

4. give further consideration to timing of works associated with Stage 2 of the Walpole Town Centre Revitalisation Program following compliance with point 3 above.

CARRIED: 9/0