Minutes of Ordinary Council

· Illegal work organisers are being targeted by the Australian Border Force with 9 Visa breaches being uncovered in Manjimup and 4 Visa breaches in Pemberton.

· The Chief Executive Officer and myself will have meetings with the Premier, Minister MacTiernan and Adele Farina over the coming weekend.

· The Premier Mr McGowan will be opening the Cherry Harmony Festival on Saturday morning.

· A petition has been lodged in the Legislative Council regarding the retention of the old Warren District Hospital.

· The Chief Executive Officer and myself have had productive discussions with Russell Bricknell, the new Chief Executive Officer of Baptist Care.

· The Shire President also attended the following meetings:

§ Warren Blackwood Alliance of Councils;

§ Local Tourism Organisation Steering Group; and

§ South West Local Government Association.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr L Daubney

Cr W Eiby

Cr V Herbert

Cr D Jenkins

Cr J Salomone

Cr D Tapley

Cr R Taylor

Cr M Ventris

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

Scott Giacomel

Wade De Campo

3.1 Apologies: Nil

3.2 Leave Of Absence:

Cr Dean Bavich was granted a Leave of Absence at the 16 November 2017 meeting for this Council meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Financial Interest Declaration from Councillors Daubney, Taylor and Winfield and an Impartiality Interest from Councillor Winfield.

Councillor Winfield declared a Financial Interest in Item 9.12.3 as his wife consults to the Shire on the Town Centre Revitalisation Project and an Impartiality Interest in Item 9.5.1 as he is a board member of grantor South West Catchment Council.

Councillor Taylor declared a Financial Interest in Items 9.5.1 and 9.5.7 as he is the Leaseholder of Site 239 Windy Harbour.

Councillor Daubney declared a Financial Interest in Items 9.3.2 and 9.5.3 as she is the Sales Representative and for Item 9.5.1, and 9.5.7 as she is the leaseholder of Site 114 Windy Harbour.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice

5.1.1 Response to public questions taken on notice from Mr Sam Karamfiles

Attached is a response to questions put to Council by Mr Sam Karamfiles at the 16 November 2017 meeting regarding Lot 704 Lock Street Manjimup and Lot 319 Moore Street, Manjimup.

ATTACHMENT: 5.1.1 (1)

5.2 Public Question Time

5.2.1 Colin Crombie – Windy Harbour Resident.

· Have the conditions of Men’s Toilets in the Town Hall been addressed?

The Chief Executive Officer responded: From tomorrow (8 December 2017) those toilets will no longer be available for use by the general public, they will only be for used for the Town Hall. The new toilets in Brockman Street will be open tomorrow for use by the general public.

· I have tried to access the Council Agenda at the Pemberton Library on a Saturday and it has not been available.

The Chief Executive Officer responded: The Agenda only needs to be available 72 hours prior to a meeting. The Agenda is delivered to Councillors first and then uploaded to the Shire website and a hard copy posted to our libraries. Sometimes this occurs on the Monday of the week of the Council meeting.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations: Nil

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Ventris, M Seconded: Tapley, D

27263

That the Minutes of the Ordinary Meeting of the Council held on 16 November 2017 be confirmed with the clarification on page 5 Item 4 last paragraph to read “…Brockman Street, Manjimup.”

CARRIED: 10/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Taylor, R Seconded: Winfield, C

27264

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 102 of the Agenda with the exception of:

9.1.1	Delegations over the End of Year Vacation Period from 7 December 2017 to 5 January 2018.
9.3.2	Proposed Windy Harbour Lease Transfer - Site 267
9.3.5	Proposed Budget Amendment - Purchase and Sale of Firewood at Windy Harbour Settlement
9.5.1	Proposed Budget Adjustment - Windy Harbour Victorian Tea Tree Eradication Project
9.5.3	Proposed Extension to Domestic Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup
9.5.7	Status of Windy Harbour Management Plan 2007-2017
9.7.1	Proposed Parking Local Laws 2017
9.11.1	Proposed Budget Amendment - Successful Grant Application
9.12.1	Consideration of Public Submissions for the Proposed Road Closure of Loverock Road, Northcliffe
9.12.3	Proposed Award of Tender RFT 01/17 Construction of a Roundabout South Western Highway, Manjimup
9.13.1	Award of Tender RFT 06/17 Supply of Gravel Manjimup and Surrounds
9.14.1	Award of Tender RFT 05/17 Mowing and Maintenance in the Town of Manjimup

CARRIED: 10/0

Items passed by En Bloc Resolution

9.1.2 Proposal for the Shire of Manjimup to Lease Quinninup Dam from Water Corporation for Passive Community Recreation

9.3.1 Proposed Lease to Manjimup Aero Club Inc - Reserve 33588

9.3.3 Council Financial Payments September 2017

9.3.4 Monthly Financial Activity Statement - October 2017

9.5.2 Proposed Dam Extension at Lot 8289 Eastbourne Road, Diamond Tree

9.5.4 Proposed Domestic Outbuilding on Vacant Lot 97 Karri Lane, Quinninup

9.5.5 Proposed Extension to Outbuilding at Site 258 Richards Close, Windy Harbour

9.5.6 Proposed Setback Reduction for Shed at Lot 500 (121) Perup Road, Manjimup

9.9.1 Quarterly Report July - September 2017 Community Services Directorate

9.12.2 Request for Support for Dedication as Road, Lot 2 South Western Highway, North Walpole and Lot 3 Long Point Road, Broke

9.13.2 Consideration of RFT 07/17 Supply of Gravel Pemberton - Northcliffe and Surrounds

9.13.3 Award of Tender RFT 08/17 Supply of Gravel Walpole and Surrounds

9.15.1 Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 9 November 2017

9.15.2 Minutes of the Northcliffe Town Hall Management Committee 17 July 2017 and 16 October 2017

9.16.1 Minutes of the Audit Committee Meeting Held 16 November 2017

ATTACHMENT

9.1.2 Proposal for the Shire of Manjimup to Lease Quinninup Dam from Water Corporation for Passive Community Recreation

PROPONENT	Water Corporation
OWNER	Water Corporation
LOCATION / ADDRESS:	Lot 187 Wheatley Coast Road, Quinninup
WARD:	East
ZONE:	Waterways
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160612
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	20/11/2017
DECLARATION OF INTEREST:	Nil

Background:

Due to water source protection issues the Water Corporation ceased using the Quinninup Dam at Lot 187 Wheatley Coast Road, Quinninup as a drinking water source a number of years ago, instead arranging to transport in water for treatment before reticulating a potable water supply throughout the Quinninup settlement.

Quinninup Dam is 26.6ha of freehold title owned by the Water Corporation as depicted in the location plan below.

Several years ago the Water Corporation commenced exploring different opportunities for Quinninup Dam if de-proclamation as a water supply was to occur due to unsuitability. After several discussions with the Shire of Manjimup regarding potential management arrangements, the Water Corporation in conjunction with the Department of Biodiversity, Conservation and Attraction, undertook a strategic planning exercise to produce the Quinninup Dam Community Recreation Assessment. On the basis of this report, the Water Corporation has now made a formal approach for the Shire of Manjimup to consider the management of the Quinninup Dam for passive community recreation purposes.

ATTACHMENT: 9.1.2 (1)

The purpose of this report is for Council to consider the concept of managing passive community recreation through a lease of the Quinninup Dam from the Water Corporation.

PUBLIC Consultation Undertaken:

The Quinninup Community Association has been regularly kept up to date on the progress of de-proclamation of Quinninup Dam by both the Water Corporation and the Shire of Manjimup. Prospective passive community recreation opportunities have also been consulted by the Water Corporation with the Quinninup community in the lead up to this proposal.

COMMENT (Includes Options):

The Proposal

Interestingly when the Karri Lakes subdivision was created it is understood properties were sold by the developer on the proviso of a passive community recreation opportunity being available on Quinninup Dam. Ultimately as a result of the passive recreation, the use of Quinninup Dam for a water supply was compromised and passive community recreation was scientifically demonstrated as being an incompatible use. Beyond the prohibition on passive community recreation, the surrounding residential properties were also eventually demonstrated to have a degree of impact that posed risks significant enough to water quality that Quinninup Dam was deemed unacceptable as a water source. From this point the Quinninup Dam ceased to be the reticulated water source for the Quinninup settlement and water was transported in, treated in the existing Quinninup Dam water treatment plant and reticulated as a potable water supply throughout the Quinninup settlement.

The Quinninup Dam Community Recreation Assessment identifies the following potential opportunities for passive community recreation on Quinninup Dam:

· Designated swimming areas with necessary safety provisions;

· Unpowered or electric powered boating with a maximum speed capped at 5 knots;

· Recreational fishing in accordance with statutory requirements;

· Walk trails surround the Quinninup Dam (most already established); and

· Picnicking and nature appreciation opportunities.

Previously the Shire of Manjimup had indicated interest in establishing passive community recreation on Quinninup Dam for the benefit of the community but had expressed some reservation about the cost of not only establishing facilities but also any ongoing responsibility for major items such as the ongoing structural testing of soundness of the dam wall and any remediation works required. The Water Corporation have clearly taken on board the feedback of the Shire of Manjimup and incorporated this into their proposal.

Under the Water Corporation proposal the following responsibilities and costs are identified:

Item	Responsibility	Approximate Cost
Maintenance of Quinninup Dam wall	Water Corporation	Undetermined
Sonar scan of the Quinninup Dam to identify hazards (completed)	Water Corporation	$9,000
Removal of dam hazards	Water Corporation	$10,000
Floating safety barrier at dam wall	Water Corporation	$3,000
One-off contribution to Quinninup Community Association for walk trail signage	Water Corporation	$5,000
Solicitors fee for legal agreement (one-off)	Shire of Manjimup	$2,000
Ongoing annual lease fee	Shire of Manjimup	$2,000 p.a
Water hazard warning signage, one-off contribution to Shire of Manjimup	Water Corporation	$1,000
Additional implementation of Recreational Assessment measures as required and dependent on demand	Shire of Manjimup	Optional
Ongoing management of Quinninup Dam passive community recreation	Shire of Manjimup	$5,000 (estimate)

The above table is self-explanatory and it is likely that if Council wishes to explore the proposal further, a contribution to the Quinninup Community Association for the ongoing management of Quinninup Dam may be a logical management option. Whilst only positive preliminary discussion with the Quinninup Community Association has occurred to date about potential management, it is expected that further dialogue would continue to ensure any proposal was acceptable to all parties if Council chose to take on the overall responsibility for management of Quinninup Dam and outsource the day to day management.

Other Matters

Under the Shire of Manjimup Local Planning Scheme No:4 Lot 187 Wheatley Coast Road, Quinninup is zoned “Waterways”. The existing zoning is consistent with the proposal for passive community recreation and it is considered that there are no barriers that will impact on the proposal.

Discussions with the Department of Biodiversity, Conservation and Attraction have confirmed that they are unlikely to be in a position to contemplate management of the Quinninup Dam. In reality, Quinninup Dam is surrounded by freehold development within the Quinninup settlement and it therefore would not be considered to be a priority for management by their organisation.

Insurance is a matter that is yet to be further explored at this early stage. Whilst it is not considered to be something that would be a fatal flaw as multiple other examples already exist in Western Australia, careful further consideration of requirements through liaison with the Shire of Manjimup’s insurers is strongly recommended before any final decision is made.

As the proposal is still conceptual, a detailed lease document is yet to be produced. It is again strongly recommended that Council contemplate exact conditions of the lease before any final decision is made.

Conclusion

It is considered that the proposal by the Water Corporation for the Shire of Manjimup to take on a lease to manage passive community recreation has much merit and could be considered to be a significant community and tourist asset. The ongoing cost of managing Quinninup Dam for passive community recreation is not exorbitant and the Water Corporation appear to be very generous with their contribution to facilitate a desirable outcome for the community.

STATUTORY ENVIRONMENT:

The Shire of Manjimup is able to lease property under the provisions of the Local Government Act 1995.

Policy / Strategic Implications:

Strengthening all towns and settlements in the Shire of Manjimup district through the provision of desirable community assets is a strategy that may increase the viability and sustainability of local populations.

Organisational risk management:

This proposal is only conceptual at this point. A detailed risk analysis will be required if and when a detailed proposal is formulated and presented back to Council for final consideration.

Financial Implications:

Estimated costs are indicated in the body of the report. It is expected that the Shire of Manjimup will be required to contribute on an annual ongoing basis to the amount of:

· $2,000 per annum in lease fees;

· $5,000 per annum in management costs; and

· Other possible costs could include slight insurance cost increases and asset maintenance costs.

Sustainability:

Environmental: Passive community recreation has a small potential to impact on a waterway through littering and other minor forms of contamination.

Economic: Using Quinninup Dam for the purpose of passive community recreation is likely to be a non-resident population attractor to the Quinninup settlement. Potential opportunities may exist to capitalise on economic demand generated by visitation.

Social: Passive community recreation on Quinninup Dam is considered to be of great benefit to the Quinninup community. For many years the direct use of the Quinninup Dam has been prohibited and the proposal will enable significant additional recreational activities.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Acknowledge the Quinninup Dam Community Recreation Assessment and Water Corporation proposal to the Shire of Manjimup as per Attachment: 9.1.2 (1);

2. Subject to final determination on a detailed proposal and support the concept of leasing Lot 187 Wheatley Coast Road, Quinninup known as Quinninup Dam for the purpose of passive community recreation;

3. Agree to proceed to develop a lease document with the Water Corporation to be funded within the existing Shire of Manjimup Annual Budget set aside for legal expenditure; and

4. Request that the Chief Executive Officer bring a final proposal back to Council for final consideration once all relevant matters are in order.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27265

That Council:

1. Acknowledge the Quinninup Dam Community Recreation Assessment and Water Corporation proposal to the Shire of Manjimup as per Attachment: 9.1.2 (1);

3. Agree to proceed to develop a lease document with the Water Corporation to be funded within the existing Shire of Manjimup Annual Budget set aside for legal expenditure; and

4. Request that the Chief Executive Officer bring a final proposal back to Council for final consideration once all relevant matters are in order.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.1 Proposed Lease to Manjimup Aero Club Inc - Reserve 33588

PROPONENT	Manjimup Aero Club Inc
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 33588, Lot 3005 Dawn Road, Manjimup
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Business
FILE REFERENCE:	F160796
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	14 November 2017
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has the Management Order for Reserve 33588, being the Manjimup Airfield. Manjimup Aero Club Inc lease a portion of the Reserve for the location of their buildings. The lease commenced in 1997 and is due to expire 31 December 2017. The club have requested a new lease.

The proposed new lease includes a reduction in the lease area and removal of privately owned hangars.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The intention of all airfield leases is to be for the footprint of the buildings with the Shire responsible for the surrounding airfield infrastructure. The lease provides non-exclusive use of access ways within the airfield reserve and the airstrip. The current lease area for the club extends into the apron. This is proposed to be corrected by reducing the lease area.

The club owns two buildings. The current lease area also contains two additional privately owned hangars. These were originally included in the lease as at that time it was considered to be in the best interests of the community, to be available on occasion for club gatherings, events and emergency services.

The hangars were however privately owned and have since changed ownership. This is not a suitable situation and inconsistent with Council’s current leasing policy. The same arrangements should be in place as with other leaseholders for private hangars, to provide security of tenure for the owners of the building and allow for correct lease fees and rates to be charged. Proposed separate leases are currently being discussed with the hangar owners and will be referred to Council for approval at a later date.

The current and proposed lease areas for the club are shown in the attachments.

ATTACHMENT: 9.3.1(1)

ATTACHMENT: 9.3.1(2)

The club has raised concern regarding the lease area being reduced as they would like to have the option of future development and initially requested to maintain a lease area similar to the current size. As a lease, the club does not retain interest in any land area beyond the current lease expiration date and there is no obligation on the Shire as Lessor to provide like for like with a new lease. The lease should be for the footprint of the existing buildings only to be consistent with other airfield leases.

The club are currently considering the concept of constructing a community and training facility. Until definite concept plans for future development are prepared this cannot be considered for inclusion in a lease. There is currently no suitable area near the current buildings for future expansion of their facilities. Should plans develop for a new facility to be proposed at another location on the airfield reserve a lease can then be negotiated accordingly.

It is recommended to provide the club with in principal support to develop concept plans for Council’s consideration for a facility that will benefit the community.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 deals with the requirements for leasing Council land; however Section 30(b) of the Local Government (Functions and General) Regulations 1996 exempts from these requirements leases to charitable, benevolent, educational, recreational, sporting or other like bodies, provided the members are not entitled to receive any pecuniary profit. The lease to Manjimup Aero Club Inc complies with this exemption.

Policy / Strategic Implications:

Council’s Property Leasing Policy 4.2.8 outlines that where buildings of significant type and function have been constructed by a community group, that group’s equity in and responsibility for the building is acknowledged and lease terms are to be for ten years, with a ten year renewal option. For community groups with minimal earning capacity the annual lease fee is to be ten dollars payable on demand.

Organisational risk management:

Nil

Financial Implications:

The lease is on a vacant land basis only with a peppercorn lease fee. The Lessee is responsible for the Lease preparation fee.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Lease portions of Reserve 33588 as shown in Attachment 9.3.1(2) to Manjimup Aero Club Inc for a period of ten years commencing 1 January 2018, with an option of a further ten year term, at a rental of ten dollars payable on demand; subject to approval of the Minister for Lands; and

2. Advise Manjimup Aero Club Inc that the concept of future development for the benefit of the community is supported, subject to a detailed proposal being provided for further consideration.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27266

That Council:

2. Advise Manjimup Aero Club Inc that the concept of future development for the benefit of the community is supported, subject to a detailed proposal being provided for further consideration.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.3 Council Financial Payments September 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:	23/11/2017
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 $2,385,539.48 for the month of September 2017 are itemised in the attachment and in the Corporate Card Statement listed below.

ATTACHMENT: 9.3.3(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 7 December 2017.

Fund	Vouchers	Amount
Municipal	90448 – 90530	$157,129.11
Trust Fund	3088 – 3089	$850.00
Total Cheques for Month of September 2017		$157,979.11

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 7 December 2017.

Fund	Batch	Amount
Municipal	301 - 309	$2,220,663.00
Total EFT for Month of September 2017		$2,220,663.00

Corporate Credit Card September 2017 – Municipal Account

20049.197.57	Blue Tiger Café Meeting with SWDC – CEO, SP & Deputy SP		$14.00
20049.288.57	Local Government Managers East Perth Professional membership 17/18 - CEO		$521.00
86.4999.6405.50	Adobe Creative Cloud CS7 Suite for PRO to design docs		$74.76
20047.29.57	EB *NEDC2017 NEDC Conference & Awards		$1,001.00
20202.332.58	Landgate Document Registration - Lease Site 112 Windy Harbour		$5.80
20049.197.57	Patricia Ann Keegan (Bello Torta) SMT Meeting – Breakfast		$102.40
Various	Westnet Internet Services September 2017		$749.54
20154.29.52	South Regional Tafe MJP 1^st aid course enrolment – WMO		$155.23
20049.197.57	Patricia Ann Keegan (Bello Torta) SMT Meeting – Breakfast		$93.60
TK192.6.57	Western Power Head Office Perth 6 month high load vehicle permit – 1ENL412		$120.00
20260.198.52	McDonalds Kwinana Dinner for DWS – Training Perth		$11.85
66.4999.7300.57	Adobe Creative Cloud Monthly Subscription for CAO		$52.10
20047.81.52 20026.81.58 20221.197.57	Gale Street Motel Busselton Accommodation CEO, SP & DCS – Rio Tinto 10^th Anniversary		$390.00
712.1605.7545.57	Kingsley Motel Dinner Meeting – Timber Museum consultants & project team		$272.50
20387.279.57	Paypal *SHAOXINQIN 200x Rain coats		$1,272.02
1012WA3.2.57	WW Petrol Fuel 1012WA – no fuel card available		$82.63
20031.198.52	Paypal *TourismCouncil Training Session - CAO		$70.00
92.9014.3240.57	matshop.com.au 4x Anti-fatigue mats for each library		$1,430.00
20221.197.57	Dome Albany Meal ST:2 NS:1 Tourism conference Albany		$66.00
20221.197.57	The Venice Albany Meal ST:2 Tourism Conference		$65.40
20031.198.52 20219.29.52	My Place Colonial Albany Accomm. Tourism Conference DCS & CAO		$189.00
85.4220.7328.57	Wex Australia (Coles) Groceries for Café Lil & Sandwich Bags		$108.07
85.4200.1061.57	STK*Shutterstock.com 5x Standard Licences – Download Images on demand		$50.47
Total Credit Card Payments			$6,897.37
Total Payments for the month September 2017		$2,385,539.48

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 September 2017 totalling $2,385,539.48 as detailed in Corporate Card Statement and Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27267

That Council receive the accounts paid during September 2017 totalling $2,385,539.48 as detailed in Corporate Card Statement and Attachment: 9.3.3(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.3.4 Monthly Financial Activity Statement - October 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:	24 November 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 31 October 2017 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.4(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 October 2017 is a projected deficit $7,088.

The $7,088 deficit is a projection based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under/over expenditure in other areas as the Shire progress through the financial year.

In brief the projected figures in most cases, assumes that the expenditure to 31 October 2017 continue at the same rate to 30 June 2018. Where an asterisks appears in the “Adj” column in the Management Reports, the formula has been changed to reflect the irregular purchase, or seasonal nature of that particular account. It should be noted that where a projected under expenditure might occur, the budgeted figure is still maintained.

The October 2017 has seen all budgets adjusted as per the September 2017 review. The most significant amendment to the accounts is the adjustment of Annual Road Maintenance with a net reduction of $117,718. With a reduction of this size Works staff will need to manage the resources available so as to minimise reduction in service levels while staying within budget.

Below is a snapshot of the Road Maintenance account compared to previous years. As you can see from the graph the Road Maintenance budget is now back to the 2013/14 level. This will be monitored closely as we progress through the year.

There have been no major issues arise in the 4 months of 2017/18 and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2018.

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 October 2017 as per Attachment: 9.3.4 (1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27268

That Council receive the Monthly Financial Activity Statement Report for October 2017 as per Attachment: 9.3.4 (1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.2 Proposed Dam Extension at Lot 8289 Eastbourne Road, Diamond Tree

PROPONENT	KN Gandy
OWNER	KN & GT Gandy and SW McCloud
LOCATION / ADDRESS:	Lot 8289 Eastbourne Road, Diamond Tree
WARD:	West
ZONE:	Priority Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/246, P51950
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24/11/2017
DECLARATION OF INTEREST:	Nil

Background:

The subject land, located 10km south of the Manjimup town site, is 59.7ha in area and primarily used for horticultural activities. A Location Plan is provided below.

Location Plan

Council is requested to consider an application seeking approval to modify an existing dam in the south eastern corner of the property abutting Eastbourne Road. Site and Development Plans are attached.

ATTACHMENT: 9.5.2(1)

Currently, a small dam exists in the south-eastern corner of the property that services the horticultural operations on the property. It is setback 80m from Eastbourne Road, and constructed across a natural creek line running through the property into the Eastbourne Road reserve.

The applicant proposes to enlarge the dam to a capacity of 200 mega litres to service the onsite horticultural operations. To facilitate this, it is proposed a 200m long, 10m high dam wall be constructed 10m from the property boundary with Eastbourne Road. The ponded water behind the dam wall will have a length of 200m, with a maximum depth of 9m. The proposed dam wall will be covered in topsoil and be re-seeded to stabilise the dam wall earthworks. No clearing is required.

Council is requested to determine the application given that approval to the application requires a variation to required setbacks and adopted Council Policy.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to the affected adjoining landowners and relevant government agencies. One submission each from the Department of Biodiversity, Conservation and Attractions (DBCA), Department of Water and Environment Regulation (DWER) were received. A copy of the submissions are attached.

ATTACHMENT: 9.5.2(2)

DBCA provided no objection to the proposal. The DWER submission will be discussed within the comment section of the report.

COMMENT (Includes Options):

As outlined by clause 8.4 (xxiv) of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme), the establishment of a dam does not require prior planning approval, provided that the application complies with the following:

(a) Has been approved or does not require approval from any State Government agency or authority; and

(b) The lower edge of the dam wall, and any other part of the dam including the stored water is further than 20 metres from the boundary of the subject lot.

In this case, prior planning consent is required given that the dam when constructed will be less than 20 metres to the boundary. To guide Council in the determination of the application the following comments are offered:

Matters to be considered

Clause 10.2 of the Scheme requires that in determining applications for planning approval, the local government is required to have regard to various matters, including but not limited to:

(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;

(vi) the local governments adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under clause 2.4;

(x) the compatibility of a use or development with its setting, including the potential impact on the use and enjoyment of adjacent and nearby land and taking into consideration any Special Control area;

(xxvi) the comments or submissions received from any authority that has been consulted.

The application as submitted is consistent with the aims of the Scheme in that the land is identified as Priority Agricultural land and the resultant development will be used to support horticultural activities as provided by the applicant.

The balance of the criteria highlighted above are addressed below.

Policy Compliance

Adopted Local Planning Policy LPS4 6.1.11 – Rural Land Uses (the Policy) to provide guidance and ensure a consistent approach is taken when considering applications.

An assessment of the application against the policy provisions relating to dam construction confirms that the application complies with all requirements, with the exception of the required setbacks to the eastern boundary with Eastbourne Road reserve.

Shire Officers have assessed the dam against the provisions of the Policy and are satisfied that the dam is proposed to be used for a bona fide agricultural purpose. The proposed dam will have a visual impact on Eastbourne Road and upon further inspection of the area, there are several dams within the vicinity that are located on the boundary with some or no screening supplied.

Scheme Requirements

The Scheme exempts planning approval of all dams that are located a minimum of 20m from any property boundary on land zoned Priority Agriculture and General Agriculture.

In this case, the dam is proposed to be located less than 20m from the eastern property boundary and hence requires planning approval to be granted.

Council has adopted a 20m standard setback for dams as a default position. The Scheme and supporting Policy does not automatically prohibit a dam from being located closer than 20m to a property boundary. Rather, it is intended that planning approval be sought and granted only where it is considered the reduced setback will impact upon adjoining land.

Drainage and Potential Impact on Eastbourne Road

In accordance with the Shires Technical Services Policy 9.1 – Engineering construction standards for Planning Applications, proposals within rural areas must comply with the following:

‘Drainage must be dealt with on site, include retention and management to prevent erosion. With approval from the Manager of Technical Services stormwater run-off may be directed into Council’s roadside stormwater drains’.

Given the reduced setback to Eastbourne Road there is a concern that drainage runoff from the dam may impact on the integrity of the Eastbourne Road reserve adjacent to the dam. Little detail is provided within the application as to how drainage impacts are to be managed. In order to protect the integrity of the Shire’s road asset and the travelling public using Eastbourne Road, it is recommended that a condition and an associated advice note be imposed, requesting the applicant provide further detail on the spillway and drainage system of the dam to ensure the satisfaction of the Manager of Technical Services.

Additionally, it is considered in Council’s interest to recommend to the landowner a civil/structural engineer should be employed to ensure the integrity of the dam wall. Advice notes to that effect will be included on any approval issued by Council.

Western Power Infrastructure on Lot 8289

It is noted that the proposed dam wall on Lot 8289 is to be constructed across existing power infrastructure belonging to Western Power. Shire Officers will include an advice note inviting the Proponent to contact Western Power to determine any requirements or approvals that may be needed prior to dam construction commencing.

Conclusion

If the dam was to be setback 20m from all boundaries, the Shires prior planning consent would not be required. Given Council’s ability to impose conditions designed to protect the amenity of adjoining properties and the road reserve, the conditional approval of this application is not anticipated to have a detrimental effect on the locality.

STATUTORY ENVIRONMENT:

Clause 5.5.1 of the Scheme permits Council to approve a development despite non-compliance with identified standards. It is therefore open to Council vary the required setbacks prescribed in clause 8.4 (xxiv) and approve the application unconditionally, or subject to such conditions as it thinks fit.

It must however be noted that the discretion conferred by clause 5.5.1 may only be exercised if the local government is satisfied that:

(i) Approval of the proposed development would be appropriate have regard to the criteria set out in clause 10.2; and

(ii) The non-compliance will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality of the likely future development of the locality.

Should Council resolve to grant approval to the proposal, the proponents will then be required to obtain all necessary agency licences approvals.

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:

1. In accordance with Part 10 and clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 grant planning approval to the application to construct a dam over Lot 8289 Eastbourne Road, Diamond Tree (Application TP 231/2017) subject to the following conditions and advice:

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 Shire of Manjimup;

b) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4; and

c) Prior to the commencement of dam construction, the applicant is to provide construction details of the overflow infrastructure and the method to be used to discharge any associated drainage to Eastbourne Road. Such details are to be to the satisfaction of the Shire of Manjimup in accordance with Technical Services Policy 9.1.

2. Advises the Applicant:

a) It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound.

b) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

c) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on infrastructure located with the Eastbourne Road road reserve;

d) With regards to the condition stated at clause 1(c) above, the applicant is requested to contact the Shire’s Technical Services Department for further advice;

e) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 977 711 878 to obtain any approvals or licences required to facilitate construction of the dam; and

f) The applicant is required to contact Western Power with regard to the existing power infrastructure affected by the dam on Lot 8289 Eastbourne Road to determine if any approval to construct under or relocation of the transmission line is required.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27269

That Council:

b) All pumps and ancillary equipment and structures being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4; and

2. Advises the Applicant:

a) It is recommended that the design of the dam wall is certified by a practicing civil/structural engineer to ensure that it will be structurally sound.

b) It is the responsibility of the landowner to ensure that the dam is safely constructed and maintained;

c) The landowner may be liable for any damage caused as a result of any drainage/overflow from the dam impacting on infrastructure located with the Eastbourne Road road reserve;

d) With regards to the condition stated at clause 1(c) above, the applicant is requested to contact the Shire’s Technical Services Department for further advice;

e) To contact the Department of Water and Environmental Regulation’s Manjimup Office on (08) 977 711 878 to obtain any approvals or licences required to facilitate construction of the dam; and

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.4 Proposed Domestic Outbuilding on Vacant Lot 97 Karri Lane, Quinninup

PROPONENT	AW & LJ Rosenberg
OWNER	AW & LJ Rosenberg
LOCATION / ADDRESS:	Lot 97 Karri Lane, Quinninup
WARD:	East
ZONE:	Residential R2.5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/226, P55652
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup local Planning Scheme No.4
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24/11/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for the establishment of an ‘Outbuilding’ at Lot 97 Karri Lane, Quinninup. The lot is currently vacant. Location, site and development plans are attached.

ATTACHMENT: 9.5.4(1)

Location Plan

The land, having an area of 2,037m² is currently vacant, vegetated and has road access available from Karri Lane.

The applicants are proposing to construct a 9m by 6m (54m²) Outbuilding on the vacant lot, with a wall height of 2.5m and ridge height of 3.14m. The purpose of the Outbuilding is to store materials for the future construction of a future holiday/retirement home on the property. The applicants have advised that no habitation of the proposed Outbuilding will occur and that the proposal will be completed by a local building company. The materials to be used in construction of the Outbuilding are Colorbond®, with a concrete floor. A copy of the applicant’s letter is attached.

ATTACHMENT: 9.5.4(2)

The application is referred to Council for determination as Shire officers do not have delegated authority to determine applications for Outbuildings on vacant lots within residential zones due to the Scheme’s presumption against this form of development.

PUBLIC Consultation Undertaken:

In accordance with clause 9.6 of Shire of Manjimup Local Planning Scheme No.4 (the Scheme), the application was advertised to all adjoining landowners for a 14 day period. No submissions were received upon closure of the advertising period.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (LPS No 4) include the land within the Residential Zone. The application has been assessed against clause 5.12.8 Outbuildings of the Scheme and LPS4 6.1.3 Domestic Outbuildings (the Policy).

To guide Council on the determination of this application, the following comments are offered:

Land Use Classification

The proposed shed structure constitutes a domestic Outbuilding which is defined by the Residential Design Codes of Western Australia as:

“An enclosed non-habitable structure that is detached from any dwelling.”

Outbuildings constructed within Residential zones are required to comply with requirements prescribed by LPS No 4 and adopted Planning Policy.

Compliance with LPS No 4

Clause 5.12.8(ii) of LPS No 4 states that planning approval will not be granted for any Outbuildings in any Residential or on Rural Residential and Rural Smallholdings lots that does not contain a residence unless otherwise approved by the local government.

The applicant has submitted a development application seeking the approval of Council to construct the Outbuilding to assist with the intended construction of a dwelling on the property.

Justification for Non-Compliance with LPS No 4

Within their submission, the applicants have highlighted that a number of properties within the Karri Lake Estate have been developed with a shed only. They furthermore state that “We do not have a timeframe in which we intend on completing this project I would hope that within 5 years, the home would be completed.”

Compliance with Policy

The Outbuilding has been assessed against Local Planning Policy 6.1.3 Domestic Outbuildings and has been found to comply with the Policy requirements for setbacks (Building Envelope) and size requirements.

In addition to setbacks and size limitations, the Policy provides further guidance on the circumstances under which an outbuilding may be approved prior to the construction of dwelling. As outlined by the Policy, the local government may approve an outbuilding on a vacant lot, where it is satisfied that:

a) Approval will not adversely affect the amenity of neighbouring properties, the amenity of the streetscape or the development potential of the lot in question;

b) A valid reason for constructing a domestic outbuilding or shipping container on a vacant lot exists; and

c) The proposal meets the relevant deemed-to-comply provisions or can be approved by judgement of merit by this Policy.

Although it is anticipated that approval to the outbuilding would not result in a detrimental impact on the amenity of the area, the validity of the applicants reason for constructing an outbuilding on a vacant lot is questionable. No application for construction of a dwelling has been received by the Shire at this time.

While the applicant is ‘intending’ to construct a kit home on the property there is no commitment to timeframes at this stage, only an expression that they hope to construct the home within 5 years. With the potential for intentions and/or ownership of the property to change, it is considered that any approval should be subject to the applicant obtaining a building permit for the home, prior to construction of the outbuilding.

Conclusion

The Outbuilding is not compliant with provision 5.12.8(ii) of LPS No 4 which essentially prohibits the construction of an outbuilding on residential land that does not contain a dwelling, unless otherwise approved by Council.

To ensure consistency with LPS No 4 and adopted Planning Policy, it is recommended that any approval should be subject to the applicant obtaining a building permit for the home, prior to construction of the outbuilding.

In light of the above, Shire officers recommend Council exercise its discretion and grant conditional approval to allow the construction of an Outbuilding on vacant Lot 97 Karri Lane, Quinninup.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.3 Domestic Outbuildings as discussed above.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No. 4 grants development approval for the proposed Outbuilding on a vacant lot at Lot 97 Karri Lane, Quinninup (Application TP212/2017) in accordance with the plans submitted attached at 9.5.4(1) and subject to the following conditions and advice:

a) Prior to commencing the construction of the outbuilding hereby approved, the applicant shall obtain a Planning Approval and Building Permit for the construction of a dwelling on the property to the satisfaction of the Chief Executive Officer;

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

c) The approved Outbuilding is not to be used for Human Habitation or any other purpose, unless the further approval from the Shire of Manjimup is obtained.

2. Advice to the Applicant:

a) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works; and

b) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health (Miscellaneous Provisions) Act 1911.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27270

That Council:

c) The approved Outbuilding is not to be used for Human Habitation or any other purpose, unless the further approval from the Shire of Manjimup is obtained.

2. Advice to the Applicant:

b) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health (Miscellaneous Provisions) Act 1911.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.5.6 Proposed Setback Reduction for Shed at Lot 500 (121) Perup Road, Manjimup

PROPONENT	SJ & AL Giacomel
OWNER	SJ & AL Giacomel
LOCATION / ADDRESS:	Lot 500 (121) Perup Road, Manjimup
WARD:	Central
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/237, P50650
LEGISLATION:	Planning and Development Act 2005; Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	26/11/2017
DECLARATION OF INTEREST:	Nil

Background:

Lot 500 is 1.1ha property on the southern side of Perup Road. The site currently contains a dwelling and dam. Generally speaking the site slopes downward from Perup Road, with the south east corner of the site being the lowest point.

As shown on the location plan below, the site abuts significantly larger properties. A 20m battle axe leg providing access to Lot 377 to the south abuts the eastern side boundary.

Location Plan

An application for planning consent has been received seeking approval to construct a 16m-long by 12m-wide Shed (192m²) with reduced setbacks in the south western corner of the property. The Shed will have a finished ridge height of 5.815m and a wall height of 4.2m. The Shed will be clad in ‘Basalt’ (grey) Colorbond®. The proposed Shed will be setback 5m from the southern property boundary and 10m from the western property boundary with Lot 501 Perup Road. The purpose of the Shed is for domestic storage.

Council is requested to consider the application as approval to the proposal requires a relaxation of side setback requirements and the adjacent landowner has objected to the relaxation.

ATTACHMENT: 9.5.6(1)

PUBLIC Consultation Undertaken:

The application was advertised in accordance with clause 9.6 of the Scheme for a 14 day period to the adjoining landowner at Lot 501 Perup Road, being the only affected landowner. A submission objecting to the setback relaxation was received in that time. The submission content is detailed in the Comment section of the report, while a copy of the submission is attached.

ATTACHMENT: 9.5.6(2)

COMMENT (Includes Options):

The provisions of Shire of Manjimup Local Planning Scheme No 4 (the Scheme) include the subject land within the General Agriculture Zone. The Scheme furthermore includes the land in Development Investigation Area No 12.

Scheme Compliance

Development Investigation Area

Prior to development (or subdivision) on land within a Development Investigation Area, clause 6.5.3.3 of the Scheme stipulates that the preparation of a structure plan shall be required.

Notwithstanding this requirement, clause 6.5.3.5 permits the approval of a development or subdivision in accordance with the underlying zone without requiring a structure plan provided that, in the opinion of the local government, the development is minor in nature and will not prejudice the future structure planning, development or subdivision of the land. In this regard it is considered that the establishment of the outbuilding as proposed would not have a detrimental impact on the future development potential of the land.

Setback Relaxation

Scheme clause 5.34.2.4 specifies that setback requirements for development on property zoned General Agriculture shall conform to a minimum 30m front and rear setback, and a 10m development setback to property boundaries.

In the event that these setbacks cannot be obtained, a reduction of the setbacks required may be permitted where the topography, soil conditions, location or shape of the lot are such as to make adherence to the requirement impractical and the application is justified by the applicant. In determining any such reduction, Council is to consider:

i. any alternative development sites on the property;

ii. possible bush fire hazards;

iii. environmental impacts;

iv. effluent disposal;

v. visual impact; and

vi. servicing/infrastructure implications.

The applicant has advised that the shape and topography of the land makes the adherence to the setback requirements of the zone impractical. The objecting landowner has made the suggestion that the Shed be located at the front north-western corner of Lot 500, and away from southern boundary with Lot 501. Whilst appreciating the merit of the suggestion, the application must be determined on the information provided. Additionally, the location of a Shed within the front property setback is not considered desirable development within the town site boundary.

Visual Impact

Reflecting the concerns of the objecting landowner, is the need to consider the visual amenity of surrounding properties. In this case, the location of the Shed is considered by Shire Officers to have a visual impact.

The objection received has been reviewed by Shire Officers and generally raises matters of a planning nature. These matters relate primarily to the impact on amenity that the objectors consider they will suffer as a result of the Shed being constructed as proposed.

The objection raises concerns over the visual impact the Shed will have when viewed from the neighbouring properties. Concern raised relate to both the height and location of the Shed. Whilst orderly and proper planning cannot protect views from a property, it is critical to ensure a development does not inappropriately overlook or overshadow a neighbouring property in a manner that will be detrimental to its residential amenity.

Given the height, and notwithstanding the proposed setbacks, the Shed will not overshadow the Dwelling on Lot 501, being located 25m from the proposed Shed location. It is possible that the proposed Shed may overshadow a small part of Lot 501, but is not surmised to affect the residential amenity of the dwelling on the property.

To reduce the visual impact, it is recommended by the author that the applicant undertake buffer planting to improve the visual aesthetic to Lot 501 and address the concern of the objecting landowner to the south. A condition requiring this to be undertaken will be included on any approval issued by Council.

Conclusion

Shire staff recommend Council grants approval to the Shed as proposed. This proposed Shed is located at suitable distance as to not overshadow development on adjoining Lot 501. It is noted that the lot size of both the applicant and the objector are 1 hectare or more, and a suitable distance is able to be maintained between the proposed Shed and the neighbouring residential dwelling. The objection brought forth by adjoining neighbour has been addressed appropriately through the Scheme and recommended approval conditions.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: The environmental impacts of this proposal are surmised by Shire staff as being minimal on the locality.

Economic: Nil.

Social: Whilst there have been an objection to the proposal on amenity grounds, this has been assessed through consideration of the appropriate Scheme provisions.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for the construction of a Shed at Lot 500 (121) Perup Road, Manjimup in accordance with the plans and specifications attached at 9.5.6(1) and subject to the following conditions:

a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup;

b) The approved Shed shall not be used for human habitation or commercial purposes;

c) An area of landscaping is to be provided between the Shed and southern property boundary to reduce the visual impact of the Shed when viewed from the neighbouring property to the south within six (6) months of construction and thereafter permanently maintained to the satisfaction of the Shire of Manjimup.

2. Advises the Applicant:

a) That this development approval is NOT a building permit. A certified building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27271

That Council:

b) The approved Shed shall not be used for human habitation or commercial purposes;

2. Advises the Applicant:

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.9.1 Quarterly Report July - September 2017 Community Services Directorate

PROPONENT	Director Community Services
OWNER	Whole of Shire
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Community Services
FILE REFERENCE:	F160956
LEGISLATION:	Nil
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	24/11/2017
DECLARATION OF INTEREST:	Nil

Background:

A report outlining activities for the July - September 2017 quarter for the Community Services Directorate is attached for Councillors information.

ATTACHMENT: 9.9.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The purpose of the report is to inform Councillors of activities and provide an opportunity to respond to any queries arising on those activities.

STATUTORY ENVIRONMENT:

Nil

Policy / Strategic Implications:

Nil

Organisational risk management:

Nil

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Community services directorate facilities, programmes and services have a significant role in developing the lifestyle and wellness opportunities throughout the Shire and as such contribute to the attractiveness of the shire to live, play and invest in.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the July - September 2017 Quarterly Report – Community Services Directorate as contained in the Attachment: 9.9.1(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27272

That Council receive the July - September 2017 Quarterly Report – Community Services Directorate as contained in the Attachment: 9.9.1(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.12.2 Request for Support for Dedication as Road, Lot 2 South Western Highway, North Walpole and Lot 3 Long Point Road, Broke

PROPONENT	Shire of Manjimup
OWNER	Main Roads Western Australia
LOCATION / ADDRESS:	Walpole
WARD:	South Ward
ZONE:	Road Reserve
DIRECTORATE:	Works & Services
FILE REFERENCE:	F160603
LEGISLATION:	Local Government Act 1995, Land Administration Act 1997, Main Roads Act 1930
AUTHOR:	Catherine Scollan
DATE OF REPORT:	6/11/2017
DECLARATION OF INTEREST:	Nil

Background:

Main Roads WA (MRWA) has initiated action to acquire portions of land from Lot 2 South Western Highway, North Walpole and Lot 3 Long Point Road, Broke, in the vicinity of Crystal Springs, for the purposes of widening this section of the South Coast Highway as part of MRWA ongoing Regional Run-Off Road Program.

MRWA negotiation with the land owners is progressing well, with the owners giving consent to allow preliminary works to proceed. The proposed land acquisition will be used for road seal widening and drainage improvements.

MRWA drawings 201702-0205 and 201702-0206 attached, show the titled properties being acquired.

ATTACHMENT: 9.12.2(1)

To satisfy MRWA statutory requirements, these plans must be presented to the Local Government and the future dedication of that land being acquired for road purposes supported by the Local Government. MRWA written request for Council’s support is attached.

ATTACHMENT: 9.12.2(2)

Council’s endorsement for these plans is a requirement under legislation, specifically the Land Administration Act 1997 for the dedication of road and the Main Roads Act 1930 for the proclamation of road as a highway or a main road.

PUBLIC Consultation Undertaken:

Main Roads WA are in on-going negotiations with the land owners.

COMMENT (Includes Options):

Road widening and improving drainage on these areas of the South Western Highway are of benefit to the community for the safety of the public and will greatly assist Main Roads with the protection of the existing infrastructure.

MRWA Regional Run-Off Road Program work being undertaken along the South Western Highway already has Shire and Council support, with those representatives meeting MRWA officers and representatives from various community groups discussing and providing comment at the regular Community Reference Group Meetings.

STATUTORY ENVIRONMENT:

· Local Government Act 1995 Section 56

· Land Administration Act 1997 section 46, ‘Care, control and management of reserves’

· Land Administration Act 1997 section 56, ‘Dedication of land as road’

· Main Roads Act 1930 section 13, ‘Proclamation of highways and main roads’

Policy / Strategic Implications:

Nil

Organisational risk management:

The South Western Highway is under the care, control and management of Main Roads WA. There is minimal risk to Council.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council support the Main Roads WA request for acquisition of land as road reserve for portion of Lot 2 South Western Highway, North Walpole and portion of Lot 3 Long Point Road.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27273

That Council support the Main Roads WA request for acquisition of land as road reserve for portion of Lot 2 South Western Highway, North Walpole and portion of Lot 3 Long Point Road.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.13.2 Consideration of RFT 07/17 Supply of Gravel Pemberton - Northcliffe and Surrounds

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Pemberton and Northcliffe
WARD:	West, East and Coastal
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170489
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	25 November 2017
DECLARATION OF INTEREST:	Nil

Background:

As a major component of the 2017/18 and expected 2018/19 Infrastructure Budget Capital Works Program, the Shire expects to purchase in excess of $150,000 worth of gravel for upgrade and renewal of its sealed and unsealed roads throughout the Shire. In order to secure fixed prices and to be compliant with regulatory procedure, a Request for Tender (RFT) was advertised for the supply of gravel for use in the Pemberton - Northcliffe and surrounding areas from one or more suppliers for a two year period.

The purpose of this report is to present the results of the assessment of the RFT 07/17 Supply of Gravel Pemberton - Northcliffe and Surrounds for Council’s consideration.

PUBLIC Consultation Undertaken:

Public advertising of the RFT was in the form of an advertisement in the West Australian Newspaper on 8 November 2017, in the Manjimup Bridgetown Times on 8 and 15 November 2017 and advertising on the Shire of Manjimup website, with the request for tender process closing 23 November 2017.

COMMENT (Includes Options):

A total of five (5) documents were drawn during the Tender phase. At the Tender close, only two tenders were received.

The Tender Evaluation Panel, comprising three Shire Officers, undertook to independently assess the Tenders received using an assessment matrix which considered Compliance Criteria and Qualitative Criteria as specified in the RFT. The matrix presented yes or no answer for Compliance Criteria and used a scoring method to assess the Qualitative Criteria.

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of the assessment for Type 1 and material specification shown below.

ATTACHMENT: 9.13.2(1)

	Weighted Score for Type 1
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
B & J Catalano	14	16	3.7	24.6	58.3	1
Dronow Contracting	10.7	4.7	6	25.4	46.7	2

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of the assessments for Type 1 and for Type 2 material specification shown below.

ATTACHMENT: 9.13.2(2)

	Weighted Score for Type 2
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
B & J Catalano	8	10.7	4	21.3	44.0	2
Dronow Contracting	4.7	4.7	6	28.7	44.0	1

The matrix referenced the terms and assessment criteria of the RFT document. In particular, the criteria for compliance with the Shire’s Local Planning Scheme 4 and the tenderer’s ability to deliver suitable material identified as Type 1 material or Type 2 material for use on road reconstruction material or gravel road re-sheeting. The specifications were appended to the RFT 07/17.

All tenders received were generally of poor quality with some of the required information missing from each tender. The RFT requested that tenderer’s have a current extraction permit for the supply of gravel and that this was a component of the weighted selection criteria. Only one Tender conformed to this request with a current permit to supply gravel from a single property in the Shire of Bridgetown.

The assessment of the Tenders submitted showed neither Tender fully compliant with the RFT specifications, evidenced by the low scores. Importantly are the locations of the gravel source from work site locations from one Tenderer and the inability to provide Extraction Permits or complete Material Suitability test data from the other tender. As such it is recommended that no Tender be awarded for the supply of gravel.

Given the Shire is unable to award the Tender to one or more contractors, purchase of the material will be dealt with, collectively or individually, in accordance with the Council’s Purchasing Policy 2.3.5 or Tendering Policy 2.3.6, whichever is applicable.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

Tender assessment was undertaken applying the Council’s Corporate Policy 2.3.8 Regional Price Preference, when applicable. If no Tender is awarded for the supply of gravel, purchase of suitable material will be in accordance with the Council’s Corporate Purchasing Policy 2.3.5 and Council’s Corporate Tendering Policy 2.3.6.

Organisational risk management:

There is a minor likelihood of minor consequence to the Shire if the current Tender panel is not being appointed.

Financial Implications:

Nil, as purchase of material will be in accordance with Council approved 2017/18 Budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Does not award a Tenderer for tender RFT 07/17 Supply of Gravel Pemberton - Northcliffe and Surrounds; and

2. Endorses the procurement of gravel material via Council’s Purchasing Policy 2.3.5 or Tendering Policy 2.3.6 for individual or collective projects as required.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27274

That Council:

1. Does not award a Tenderer for tender RFT 07/17 Supply of Gravel Pemberton - Northcliffe and Surrounds; and

2. Endorses the procurement of gravel material via Council’s Purchasing Policy 2.3.5 or Tendering Policy 2.3.6 for individual or collective projects as required.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.13.3 Award of Tender RFT 08/17 Supply of Gravel Walpole and Surrounds

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole
WARD:	South
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170490
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	25 November 2017
DECLARATION OF INTEREST:	Nil

Background:

As a major component of the 2017/18 and expected 2018/19 Infrastructure Budget Capital Works Program, the Shire expects to purchase in excess of $150,000 worth of gravel for upgrade and renewal of its sealed and unsealed roads throughout the Shire. In order to secure fixed prices and to be compliant with regulatory procedure, a Request for Tender (RFT) was advertised for the supply of gravel for use in the Walpole and surrounding areas. The RFT is seeking to appoint one or more preferred suppliers for a two year period

The purpose of this report is to present the results of the assessment of the RFT 08/17 Supply of Gravel Walpole and Surrounds for Council’s consideration.

PUBLIC Consultation Undertaken:

Public advertising of the RFT was in the form of an advertisement in the West Australian Newspaper on 8 November 2017, in the Manjimup Bridgetown Times and Walpole Weekly on 8 and 15 November 2017 and advertising on the Shire of Manjimup website, with the request for tender process closing 23 November 2017.

COMMENT (Includes Options):

A total of 6 documents were drawn during the Tender phase. At the Tender close, only three tenders were received.

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of the assessment for Type 1 and material specification shown below.

ATTACHMENT: 9.13.3(1)

	Weighted Score for Type 1
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
Bow Bridge	5.3	16	4.7	29.3	55.3	1
B & J Catalano	12.7	16	2.7	20.7	52.0	2

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of the assessments for Type 1 and for Type 2 material specification shown below.

ATTACHMENT: 9.13.3(2)

	Weighted Score for Type 2
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
R. Hughes	6.7	16	4.3	26.7	53.7	1
B & J Catalano	8	16	2.7	23.3	50	2

The matrix referenced the terms and assessment criteria of the RFT document. In particular, the criteria for a current permit for gravel extraction and the Tenderer’s ability to deliver suitable material identified as Type 1 material and/or Type 2 material for use on road reconstruction material or gravel road re-sheeting. The assessment also scored the Tenderers ‘Material Availability’ which considered suitable access to the gravel source for Shire vehicles and the source is located that best suits the Shires needs. The specifications were appended to the RFT 08/17.

All tenders received were generally of poor quality with some of the required information missing from each Tender. The RFT requested that Tenderer’s have a current extraction permit for the supply of gravel and that this was a component of the weighted selection criteria, with all Tenders having proof of a current extraction permit.

The RFT also specifically requested test results from a certified source confirming that the material to be supplied met either Type 1 material or Type 2 material. Only one Tenderer supplied results indicating the ability to supply Type 1 material only. However Officers are confident Bow Bridge are able to supply specified Type 1 Material, as it has been used by the Shire in previous year works program and are confident Richard Hughes is able to supply specified Type 2 Material given their available plant and resources.

The assessment results also show though B&J Catalano are able to supply the Type 1 and Type 2 Material, given their resources, the location of the gravel source is an impediment to the Shire distance travelled required to deliver material to the Walpole area.

Results of the assessments of all Tenders received has shown that though not being fully compliant with all the requested information in the RFT, two (2) Tenderers are suitable for appointment given their located gravel source and their ability to require material requested as specified in the RFT – gravel test results and proof of extraction permit at time of gravel purchase.

As such it is recommended Council appoint:

· Bow Bridge for supply of Type 1 for works in the Walpole area, based on best value to the Shire at time of purchase;

· Richard Hughes for supply of Type 2 gravel for works in the Walpole area, based on best value to the Shire at time of purchase.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

The purchase of gravel and the Tender process is in accordance with the Council’s Corporate Tendering Policy 2.3.6.

Organisational risk management:

There is a high likelihood of severe consequence to the Shire if fixed rates for gravel supply is not secured.

Financial Implications:

Nil, as purchase of material will be in accordance with Council approved 2017/18 Budget.

Sustainability:

Environmental: Effective use of raw materials for road construction purposes allows for a safe and useable road network.

Economic: Cost efficient supply of road construction materials enables for economical delivery of the Shire’s Works Program.

Social: A safe and useable road network helps create good social and business connections.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Tender RFT 08/17 Supply of Gravel Walpole and Surrounds to:

· Bow Bridge for supply of Type 1 gravel at cost of $11.00 (ex GST) per tonne; and

· Richard Hughes for supply of Type 2 gravel at cost of $13.64 (ex GST) per tonne.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27275

That Council award Tender RFT 08/17 Supply of Gravel Walpole and Surrounds to:

· Bow Bridge for supply of Type 1 gravel at cost of $11.00 (ex GST) per tonne; and

· Richard Hughes for supply of Type 2 gravel at cost of $13.64 (ex GST) per tonne.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.15.1 Minutes of the Manjimup Agricultural Expansion Project Management Committee Meeting 9 November 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160285
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	15/11/2017
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is to allow the minutes of the Manjimup Agricultural Expansion Project Management Committee meeting held on 9 November 2017 to be presented to Council.

ATTACHMENT: 9.15.1 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

There are no decisions or recommendations arising from the minutes of the Manjimup Agricultural Expansion Project Management Committee requiring Council’s consideration.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 enables the establishment of Management Committees.

Policy / Strategic Implications:

A third party arrangement such as contained within the Manjimup Agricultural Expansion Project has the potential to create liability issues or reputational damage to the Shire of Manjimup unless managed appropriately. A Management Committee is considered an accountable and transparent method of ensuring legal obligations are adhered to.

Organisational risk management:

The operation of the Manjimup Agricultural Expansion Project Management Committee removes considerable risk from the Shire of Manjimup by making decisions and activities more transparent and accountable.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the minutes of the Manjimup Agricultural Expansion Project Management Committee held 9 November 2017 in accordance with Attachment: 9.15.1(1);

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27276

That Council receive the minutes of the Manjimup Agricultural Expansion Project Management Committee held 9 November 2017 in accordance with Attachment: 9.15.1(1);

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.15.2 Minutes of the Northcliffe Town Hall Management Committee 17 July 2017 and 16 October 2017

PROPONENT	Northcliffe Town Hall Management Committee
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Northcliffe Town Hall, Zamia Street, Northcliffe
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160371
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jamie Jones
DATE OF REPORT:	14/11/2017
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this item is to present the minutes of the meetings of 17 July 2017 and 16 October 2017 of the Northcliffe Town Hall Management Committee.

ATTACHMENT: 9.15.2(1)

It should be noted that whilst the minutes of 17 July 2017 should have already been presented to Council, there were no matters arising from the minutes that required the consideration of Council.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There are no recommendations requiring a decision of Council.

Some items from General Business that were raised are during the meeting of 16 October 2017 are:

· Sandy Jones announced that after 20 years on the Committee that she would not be renominating for the position on the Northcliffe Town hall Management Committee due to ill health;

· Sandy Jones expressed her concern that hirers do not appreciate what the hall was like prior to Management Committee and if they do not adhere to the rules of hire then the Town Hall will not keep its present stature.

· Lyn Minchin will not be renominating for her position. Pat Laws will renominate; and

· Gaye Van Hazendonk accepted the nomination and was appointed to take over Sandy Jones position as Chairperson.

During discussion at the meeting, it was also raised by Sandy Jones that the carpark drainage and sealing has been a problem for years and has been mentioned to the Shire time and time again. The stumps under the hall are in water for most of the year. It is recommended that consideration be given to improving the existing parking area/drainage as part of the 2018/19 annual budget.

STATUTORY ENVIRONMENT:

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:

1) accept the minutes of the Northcliffe Town Hall Management Committee meetings of 17 July 2017 and 16 October 2017 as per Attachment;

2) request that the Chief Executive Officer forward correspondence to Sandy Jones acknowledging her contribution over 20 years of service and commitment to the Northcliffe Town Hall Committee; and

3) Consideration be given to improvements to the car parking area and drainage located at the Northcliffe Town Hall as part of the 2018/19 annual budget process.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27277

That Council:

1) accept the minutes of the Northcliffe Town Hall Management Committee meetings of 17 July 2017 and 16 October 2017 as per Attachment;

2) request that the Chief Executive Officer forward correspondence to Sandy Jones acknowledging her contribution over 20 years of service and commitment to the Northcliffe Town Hall Committee; and

3) Consideration be given to improvements to the car parking area and drainage located at the Northcliffe Town Hall as part of the 2018/19 annual budget process.

ADOPTED BY EN BLOC RESOLUTION: 10/0

ATTACHMENT

9.16.1 Minutes of the Audit Committee Meeting Held 16 November 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F161309
LEGISLATION:	Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	24/11/2017
DECLARATION OF INTEREST:	Nil

Background:

On the 16 November 2017 Council’s Audit Committee met with the purpose of:

1) Receiving the 2016/2017 Annual Financial Report; and

2) Receive a presentation from Tim Partridge - AMD Chartered Accounts on the Annual Financial Report 2016/2017 and the subsequent Management Report that arose from the audit of the 2016/2017 accounts.

Minutes of the meeting are attached along with the Management Report from the 2016/2017 audit.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

There is one recommendation of the Audit Committee requiring the consideration of Council. All other matters will be dealt with administratively.

Committee Recommendation	Officer Comment
“That the Annual Financial Report 2016/17 and the 30 June 2017 Management Report including findings contained within the 30 June 2017 Management Report and the measures proposed by Management to remedy issues are accepted and recommended to Council by the Audit Committee.”	Supported noting that the Annual Financial Report was adopted by Council at the meeting 16 November 2017

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

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

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the minutes of the Audit Committee meeting held 16 November 2017 as per Attachment: 9.16.1(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Winfield, C

27278

That Council receive the minutes of the Audit Committee meeting held 16 November 2017 as per Attachment: 9.16.1(1).

ADOPTED BY EN BLOC RESOLUTION: 10/0

9.1.1 Delegations over the End of Year Vacation Period from 7 December 2017 to 5 January 2018.

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	Whole of Shire
ZONE:	N/A
DIVISION:	Office of the CEO
FILE REFERENCE:	F161494
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	7 November 2017
DECLARATION OF INTEREST:	Nil

Background:

At the Council meeting 26 October 2017, Council resolved that after 7 December 2017, Council will not meet again until the 18 January 2018.

The agenda for the 7 December 2017 meeting closed Friday 24 November 2017. This results in a period of 41 days elapsing before some matters will be considered by Council at the 18 January 2018 meeting, the agenda cut off for which is 5 January 2018.

The purpose of this report is to delegate decision making authority over this extended end of year vacation period.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Whilst the Chief Executive Officer has been delegated wide authority, which is partially delegated to other relevant officers, certain matters arise that require determination by Council only.

It is proposed that delegated authority be granted to the Chief Executive Officer for all Council functions (other than those matters requiring an absolute majority or specifically precluded by the Local Government Act 1995) to decide on matters that cannot be held over to the 18 January 2018 meeting.

Exercise of such authority requires support by the Shire President and the relevant ward Councillor/s and will be reported to the Council at the 18 January 2018 meeting.

This practice has been followed for the last 22 years with only 8 occurrences of exercised authority being necessary. No exercise of delegation occurred during the 2016/17 break and this was reported to Council at the 19 January 2017 meeting.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Section 5.42.

Policy / Strategic Implications:

The strategic implication for assigning such authority is to allow development and other matters to proceed in a timely manner when Council is not sitting.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council delegate to the Chief Executive Officer for the period 7 December 2017 to 5 January 2018 power to determine matters which cannot be held over until the 18 January 2018 ordinary Council meeting subject to this delegation being limited to:

1. Subject to restrictions below, any matter that arises during the delegated period;

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

3. Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;

4. Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and

5. A report being presented to the 18 January 2018 Council meeting detailing any such delegations exercised.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Eiby, W

27279

1. Subject to restrictions below, any matter that arises during the delegated period;

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

3. Any matter to which the Shire President and relevant Ward Councillor/s raise no objection;

4. Preclusion of those matters with delegation prohibition under the Local Government Act 1995; and

5. A report being presented to the 18 January 2018 Council meeting detailing any such delegations exercised.

CARRIED: 10/0

Councillor Daubney declared a Financial Interest in this Item as she is the Sales Representative for the proponents. Cr Daubney did not speak or vote on the matter and left the Chamber at 5.50pm.

9.3.2 Proposed Windy Harbour Lease Transfer - Site 267

PROPONENT	Domenic Guadagnino Anthony and Lorraine Church
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 267 Evans Loop, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F170510
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	21 November 2017
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup has the Management Order for Reserve 38881 Windy Harbour for the purpose of “Recreation, Camping, Caravan Park and Holiday Cottages” with the power to lease, subject to the consent of the Minister for Lands. Since 2001 Council has been granting 20 year leases for designated lease sites.

Domenic Guadagnino leases Site 267 and has entered a contract for sale of the lease to Anthony and Lorraine Church.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 267 was undertaken in 2016 with it being in an overall satisfactory condition with the exception of a retaining wall to be replaced, which has not been completed. Approval should therefore be subject to this being rectified by the new leaseholder within 90 days.

The current lease to expire September 2029 has less than 12 years remaining. The purchasers have requested a full 20 year lease term.

There is a small generator shed located outside of the lease site. When infrastructure is outside of a lease site Council has previously resolved to:

Allow leaseholders who have identified existing infrastructure outside their lease on Shire reserve to retain that infrastructure subject to the owner –

a) being responsible for the infrastructure and maintaining it in a safe condition;

b) having no claim on the land on which the infrastructure resides;

c) not replacing, enlarging or significantly modifying the infrastructure without prior approval;

d) removing the infrastructure prior to transferring the lease to a new owner or notifying the new owner of their responsibilities as listed here;

e) noting that the Shire may require the removal of the infrastructure at any time in the future and without payment of compensation.

The buyers will be required to sign acceptance of these conditions prior to final approval of the transfer.

Anthony and Lorraine Church currently have a share in the lease over Site 11 Windy Harbour. Council’s leasing policy does not have any restrictions on people holding multiple Windy Harbour leases.

STATUTORY ENVIRONMENT:

A transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view. Windy Harbour leases are also considered residential and therefore exempt from s3.58 (Disposing of Property) of the Local Government Act 1995 under s30(2)(g) of the Local Government (Functions and General) Regulations 1996.

Each lease and any subsequent transfers must receive the approval of the Minister for Lands in accordance with section 18 of the Land Administration Act 1997.

Policy / Strategic Implications:

The lease transfer and granting a new 20 year term is in accord with Council Policy 3.4.2 Windy Harbour Leases.

Organisational risk management:

Nil

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council, subject to the sale taking affect:

1. Terminate, by mutual consent, the lease over Site 267 Windy Harbour between the Shire of Manjimup and Domenic Guadagnino; and

2. Approve a 20 year lease over Site 267 Windy Harbour between the Shire of Manjimup and Anthony and Lorraine Church as joint tenants, subject to:

a) compliance with the previous general condition assessment report within 90 days;

b) acknowledgement of the lease boundary and location of the generator shed and acceptance of the associated conditions; and

c) approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Ventris, M

27280

That Council, subject to the sale taking affect:

1. Terminate, by mutual consent, the lease over Site 267 Windy Harbour between the Shire of Manjimup and Domenic Guadagnino; and

2. Approve a 20 year lease over Site 267 Windy Harbour between the Shire of Manjimup and Anthony and Lorraine Church as joint tenants, subject to:

a) compliance with the previous general condition assessment report within 90 days;

b) acknowledgement of the lease boundary and location of the generator shed and acceptance of the associated conditions; and

c) approval of the Minister for Lands.

CARRIED: 9/0

Cr Daubney returned to the Chamber at 5.50pm.

9.3.5 Proposed Budget Amendment - Purchase and Sale of Firewood at Windy Harbour Settlement

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Windy Harbour Camping Ground
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160948
LEGISLATION:	Local Government Act 1995.
AUTHOR:	Brian Robinson
DATE OF REPORT:	26/11/2017
DECLARATION OF INTEREST:	Nil

Background:

For many years the Shire has been purchasing firewood for campers and other users of the Windy Harbour Nature Based Camping Ground. More recently the following issues have been identified:

a) Being supplied free of charge, campers have been known to use excessive amounts of wood;

b) The caretaker and other members of the public have from time to time observed campers and other members of the public taking wood in wheelbarrows and loading into vehicles. These people have been required to return the wood when caught by the caretaker;

c) The cost of wood and its delivery have risen over the past five years; and

d) Costs associated with the supply and delivery of the wood is currently met through the Windy Harbour Operational Budget, reducing the amount available for other work.

The Windy Harbour Caretaker has identified a wood supplier that is prepared to supply wood pre-packaged into 15kg bags. Council is requested to consider amending the adopted budget to permit the sale of the wood bags ‘at cost’.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The purpose of this agenda item is to seek Council’s approval to amend the adopted budget to recognise the sale of pre-packaged bags of wood.

The Windy Harbour Nature Based Camping Ground contains a number of fire pits for the use of campers. To ensure the availability of wood to campers, the Shire maintains a small stockpile within the Campground. Currently the supply of wood at the Camping Ground is unregulated whilst the caretaker completes other tasks.

There is anecdotal evidence that some campers have on occasions been frivolous with the use of the wood, for example stoking the fire before going to bed or leaving their campsite. Given that the Camping Ground is unfenced, there is also potential for the wood to be taken by other visitors to the settlement.

In the author of this reports opinion the supply of wood is effectively reducing the funds that would otherwise be available for operational improvements in the settlement. In order to maximise the use of Shire funds, it is proposed to establish both expenditure and income accounts. With income from the sales to be used to fund future wood purchases.

It is proposed that an initial purchase of 180 bags of wood will be made at $10.00 per bag. The bags will then be resold to campers and other visitors as required, at cost. The funds for this initial purchase will be sourced from the current budget.

It is proposed that the bags of wood will be stored by the Caretaker and made available through the Windy Harbour Shop during its normal open hours in association with its management of the Camping Ground. To assist visitors to the Camping Ground transporting the wood to their campsite, two garden trolleys will be purchased.

STATUTORY ENVIRONMENT:

Local Government Act 1995 requires budgets to be set by Council by absolute majority.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

In recent years, the Shire of Manjimup has purchased around 37 tonne of firewood per annum, spending an average of $1,500 annually plus transportation by a third party at a cost of around $1,500 per annum. In addition to this direct cost, the Caretaker has been responsible for maintaining a small stockpile of wood at the Camping Ground, with the bulk of the wood being stored at the Windy Harbour Refuse Site.

The current approach of providing free firewood can result in a situation where the camping fees do not cover the cost of wood used by a camper.

It is proposed that income received from the sale of the wood bags will be used to fund future wood purchases, creating a self-funding supply based on a user pays system. This will reduce future costs associated with the provision of wood for campers.

Sustainability:

Environmental: Nil.

Economic: The proposal will result in reduced expenditure relating to the ongoing operation of the Windy Harbour Nature Based Camping Ground.

Social: The ongoing provision of wood is recommended to assist campers and ensure their visitor experience to the Camping Ground is maximised.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1) Amend the 2017/2018 annual budget to recognise the sale of 15kg bags of firewood from the Windy Harbour Nature Based Camping Ground as per the table below;

Allocation

Current Budget ($)

Proposed Budget ($)

Variance ($)

Campground Firewood

Sales - Firewood

(0)

1,800

(1,800)

1,800

(1,800)

Net Funding

2) Adopt the following fees and charges for the 2017/18 financial year in respect of the supply of 15kg bags of firewood from the Windy Harbour Nature Based Camping Ground:

Description	Fee
15kg Bag of Firewood from Windy Harbour Nature Based Camping Ground	$10.00 (inc GST)

3) Endorse advertising of the fees and charges listed in point 2) above, being effective as of 15 December 2017, in accordance with clause 6.19 of the Local Government Act 1995.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27281

That Council:

1) Amend the 2017/2018 annual budget to recognise the sale of 15kg bags of firewood from the Windy Harbour Nature Based Camping Ground as per the table below;

Allocation

Current Budget ($)

Proposed Budget ($)

Variance ($)

Campground Firewood

Sales - Firewood

(0)

1,800

(1,800)

1,800

(1,800)

Net Funding

2) Adopt the following fees and charges for the 2017/18 financial year in respect of the supply of 15kg bags of firewood from the Windy Harbour Nature Based Camping Ground:

Description	Fee
15kg Bag of Firewood from Windy Harbour Nature Based Camping Ground	$10.00 (inc GST)

3) Endorse advertising of the fees and charges listed in point 2) above, being effective as of 15 December 2017, in accordance with clause 6.19 of the Local Government Act 1995.

CARRIED: 10/0

Councillors Daubney and Taylor declared a Financial Interest in this Item as they are owners of Sites 114 and 239 respectively. Councillors Daubney and Taylor did not speak or vote on the matter and left the Chamber at 5.51pm.

Cr Winfield declared an Impartiality Interest in this Item as he is a board member of the grantor South West Catchment Council. Cr Winfield declared that he would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.5.1 Proposed Budget Adjustment - Windy Harbour Victorian Tea Tree Eradication Project

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Reserve 38881, Windy Harbour Road, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No. 5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	P53017
LEGISLATION:	Local Government Act 1995
AUTHOR:	Ann Bentley
DATE OF REPORT:	9/11/2017
DECLARATION OF INTEREST:	Nil

Background:

Victorian Tea Tree (Leptospermum laevigatum) is a garden escapee that was planted in the 1970’s within the Windy Harbour settlement. It is now known as an invasive weed or ‘pest plant’ throughout coastal areas in Western Australia.

Windy Harbour is a 194ha ‘A Class’ Reserve surrounded by the D’Entrecasteaux National Park. Controlling this weed will prevent it from spreading beyond the Shire’s Reserve boundary into the National Park resulting in loss of habitat and biodiversity. A location plan of the locality is supplied below.

Location Plan

The Victorian Tea Tree grows taller than the natural existing vegetation of the area, dispersing seed into the wind over long distances. It is also known to be more flammable than the natural vegetation and germinates prolifically in post fire conditions. The Victorian Tea Tree seedbank is only viable for one year in the ground.

Since 2004, Victorian Tea Tree eradication has been a community based project starting with large scale removal along the Windy Harbour Road and on the west side of Reserve 38881.

In 2016, South West Catchments Council (SWCC) funded on ground works that enabled over 230 hours of weed control through Warren Catchment Council (WCC) Environs Project. A ‘Busy Bee’ was supported by Windy Harbour community members during this time by cutting down the 6m tall weeds near the Fisherman’s lots. Mapping the spread of Tea Tree was completed during this project and is attached.

ATTACHMENT: 9.5.1(1)

In 2017 SWCC granted $10,000 towards the control of Victorian Tea Tree in the coastal dunes. Initially, a trial was undertaken to see how effective a machine with a mulching head could remove the Tea Tree in the coastal dune. The trial was successful and was extended to other Tea Tree populations on the reserve. Follow up work is being completed in previously controlled areas to ensure seedlings do not re-establish.

The purpose of this report is to:

· notify Council of the available grant; and

· request Council to adjust the Windy Harbour operational budget to recognise the grant income and subsequent expenditure by $7,000 to allow for the control of Victorian Tea Tree as stated in the grant agreement with SWCC.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Whilst the initial grants were awarded to the WCC, the Shire has now been successful in a obtaining a further grant of $7,000 (exc GST). This grant will enable further Victorian Tea Tree control at Windy Harbour in the Waste Disposal Site from January to March in 2018. A copy of the Grant Agreement and its attachments is attached.

ATTACHMENT: 9.5.1(2)

The grant agreement terms and conditions attached require that:

· The Shire of Manjimup will coordinate and implement the removal of the Victorian Tea Tree infestation in the area identified between SWCC and Shire of Manjimup staff; and

· A minimum of 2 ha area that contains Victorian Tea Tree, will be treated and reported on by March 30,2018.

This work is an essential part of the Victorian Tea Tree Eradication Project that is focusing on the removal of all large flowering plants by 2019. Follow up maintenance and monitoring should have the Tea Tree eradicated at Windy Harbour by 2025.

STATUTORY ENVIRONMENT:

The Local Government Act 1996 requires that changes to annual budget be made by Council by absolute majority.

Policy / Strategic Implications:

The Victorian Tea Tree Eradication Project meets the objectives of the Windy Harbour Management Plan 2007 – 2017. Community based weed control is outlined in Statement 22 of the Plan.

The Victorian Tea Tree is listed as a highly ranked environmental weed in the Shire of Manjimup Weed Strategy 2008.

Organisational risk management:

By not undertaking this grant opportunity, Victorian Tea Tree may spread from Reserve 38881 into the adjacent D’Entrecasteaux National Park.

Failure to address the spread of Victorian Tea Tree is likely to leave a legacy for Council that it may not have the resources in the future to appropriately treat the infestation.

Financial Implications:

By accepting the grant from SWCC, the Shire will have additional funds available for the control of Tea Tree within the Windy Harbour settlement at no cost to council.

Sustainability:

Environmental: Proposed grant will contribute to the eradication of a known invasive pest plant.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council amend the Shire of Manjimup 2017/18 Annual Budget to recognise grant income from South West Catchments Council in order to complete the South West Catchments Council Victorian Tea Tree Eradication Project Grant in accordance with the following table:

Description

Current Budget

Amended Budget

Variation

Windy Harbour Victorian Tea Tree Eradication Project

(exclusive of GST)

South West Catchments Council

$7,000

($7,000)

$7,000

($7,000)

Net Rate Funds

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27282

Description

Current Budget

Amended Budget

Variation

Windy Harbour Victorian Tea Tree Eradication Project

(exclusive of GST)

South West Catchments Council

$7,000

($7,000)

$7,000

($7,000)

Net Rate Funds

CARRIED: 8/0

Cr Taylor returned to the Chamber at 5.52pm

Cr Daubney declared a Financial Interest in this Item as she is the Sales Representative for the proponent. Cr Daubney did not speak or vote on the matter and left the Chamber at 5.51pm.

ATTACHMENT

9.5.3 Proposed Extension to Domestic Outbuilding at Lot 17 (41) Manjin Drive, Balbarrup

PROPONENT	RJ & EJ Bachos
OWNER	RJ & EJ Bachos
LOCATION / ADDRESS:	Lot 17 (41) Manjin Drive, Balbarrup
WARD:	North Ward
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/233, P54311
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24/11/2017
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider approving a 136.6m² extension of an outbuilding at Lot 17 (41) Manjin Drive, Balbarrup. Location, site and development plans are attached.

ATTACHMENT: 9.5.3(1)

Location Plan

The subject property is a 1.53ha battle-axe lot located at eastern end of the Kookaburra Ridge Estate located on the northern edge of the Manjimup town site. Lot 17 currently contains an approved Dwelling and a 18m by 12m (216m²) which was granted a building permit in 2001. The balance of the lot contains a sealed driveway and landscaped area.

The applicants have proposed to extend the existing Outbuilding on the eastern and northern sides, increasing the outbuilding from 216m² to a total floor area of 352.6m². The proposed extensions are proposed to be setback 0.5m from the eastern boundary with Lot 111 Bendotti Street. A retaining wall of unspecified size is to be constructed on the property boundary with Lot 111. The extensions are proposed to be clad in Colorbond®.

The application is referred to Council for determination, as Council is required to exercise its discretion to vary the acceptable development provisions of the Shire of Manjimup Local Planning Scheme No.4 (the Scheme) and Policy pertinent to the proposal.

PUBLIC Consultation Undertaken:

In accordance with clause 9.6 of the Scheme, the application was advertised for an 18 day period. The solitary affected landowner at Lot 111 Bendotti Street has advised the Shire they have no objection to the application as proposed. A copy of their submission is attached.

ATTACHMENT: 9.5.3(2)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (LPS No 4) include the land within the Rural Residential Zone. The application has been assessed against clause 5.12.8 Outbuildings of the Scheme and LPS4 6.1.3 Domestic Outbuildings (the Policy).

To guide Council on the determination of this application, the following comments are offered:

Use Classification

The proposed shed structure constitutes an ‘Outbuilding’ which is defined by the Residential Design Codes of Western Australia as:

“An enclosed non-habitable structure that is detached from any dwelling.”

Outbuildings constructed within Rural Residential zones are required to comply with requirements prescribed by the Scheme and the Policy.

Policy Assessment

The proposed Outbuilding has been assessed against the Policy. Several variations of the Policy are required to allow approval, including variations to floor area, ridge height and side boundary setbacks. The assessment checklist is attached.

ATTACHMENT: 9.5.3(3)

Scheme Compliance

The proposal is inconsistent with several clauses of the Rural Residential provisions of the Scheme as outlined below. Given this, the proposal as submitted may only be approved if Council is prepared to vary the Scheme requirements in accordance with clause 5.5 of the Scheme, Variations to Site and Development Standards and Requirements.

Clause 5.36.2.3 (iv) Development Setbacks

Development within the Rural Residential Zone is usually required to be setback 10 metres from the side boundary. The existing outbuilding is which is setback 3.7m from the side boundary, was approved prior to the introduction of the current LPS No 4 setback standards.

As detailed within the background section of this agenda item, the applicant is now proposing to extend the existing outbuilding along the eastern side, decreasing the setback to 0.5m from the property boundary with Lot 111. Additionally, a proposed retaining wall will be constructed on the boundary with Lot 111.

Clause 5.36.3.4 Building Envelopes

It is noted by Shire Officers that the existing Outbuilding is located outside the subject lot’s building envelope. Given the pre-existing siting of the Outbuilding, the proposed extensions will also be located outside the building envelope.

Council may, at its discretion, approve the construction of a building outside the building envelope if it is satisfied that the amenity of the area, privacy of adjoining properties and the landscape or environment is not detrimentally affected. As provided above, it is noted that the existing Outbuilding is largely located outside of the building envelope.

Clause 5.36.3.9 Outbuildings

It is noted that this clause of the Scheme, as in the Policy, establishes the maximum permitted floor area for Outbuildings in a Rural Residential area at 200m². The existing outbuilding exceeds this requirement. The extension as proposed will result in the outbuilding being 152.6m² above the normally permitted floor area.

Clause 5.5 Variations to Site and Development Standards and Requirements

Clause 5.5.1 of the Scheme allows for any standard or requirement contained in the abovementioned clauses of the Scheme to be varied by Council under certain circumstances. In order to exercise its discretion and allow the development as proposed, Council is to:

· Consult with any party Council believes would be affected by permitting the variation;

· Have regard to the views expressed from affected parties;

· Consider the development including the variation against the ‘matters to be considered’ in clause 10.2 of the Scheme; and

· Be satisfied that the variation will not have an adverse effect upon the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

Retaining Wall

The applicant has not provided any detail as to the height, length or composition of the retaining wall indicated in the plans provided. Therefore, Shire Officers recommend a condition requiring that the proposed retaining wall, should it be in excess of 600mm in height be considered as part of the applicant’s Building Permit application in the event Council issues approval so as to be appropriately engineered.

Additionally, the retaining wall is to be located on the eastern side boundary, being the common property boundary with Lot 111. Shire Officers recommend Council include a condition requiring that the applicant’s obtain the landowner at Lot 111’s permission to construct the retaining wall on the boundary prior to construction of the retaining wall commencing.

Conclusion

The existing Outbuilding is larger than the 200m² floor area specified within adopted Planning Policy relating to the Rural Residential Zone. In addition the current outbuilding is setback from the eastern side boundary.

Whilst is it noted that the adjacent landowner has raised no objection to further reduction of the existing setback to 0.5m from the common boundary, approval to the application will in the opinion of the Senior Management Team set an undesirable precedent for the construction of outbuildings on Rural-Residential lots with reduced side setbacks.

For this reason, it is recommended approval be granted to northern extension only and the extension along the eastern side of the existing outbuilding be refused. This will ensure retention of the existing side setback, eliminate the need for a retaining wall on the common boundary and permit firebreaks to be maintained along the side boundary, whilst still allowing the applicant to increase the outbuilding floor area by 62.4m². This will result in the outbuilding having a total size of 278.4m².

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Compliance with Local Planning Policy LPS4 6.1.3 Domestic Outbuildings as discussed above.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval to the extension of the Outbuilding on Lot 17 (41) Manjin Drive, Balbarrup (Application TP 218/2017) in accordance with the submitted plans as attached at 9.5.3(1) and subject to the following conditions:

a) Prior to commencement of the development hereby approved, the submitted plans shall be modified to reflect the existing outbuilding being extended on its northern side by 5.2m only.

c) The Outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation or commercial purposes;

d) No excavation work shall be permitted to encroach onto any adjoining property without the prior consent of both the owner of the affected land and the Shire of Manjimup has been sought and obtained; and

e) Stormwater is to be detained on-site to the satisfaction of the Shire of Manjimup such that peak discharge after development does not exceed peak discharge prior to development.

2. Advice to the Applicant:

a) Further to condition (a) as stated in point 1 above, the applicant is advised that the Shire of Manjimup does not support the extension of the existing outbuilding along its eastern side for the following reasons:

(i) Approval to a 0.5m setback as proposed would create an undesirable precedent for reduced side setbacks to outbuildings located within the Rural-Residential Zone.

(ii) Approval to the application as submitted would result in the outbuilding exceeding the normal floor space of 200m² by 152.6m², being 76% larger than normally permitted for the property.

b) The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works;

c) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health (Miscellaneous Provisions) Act 1911.

3. Notes the exercise of discretion under clause 5.5 of Shire of Manjimup Local Planning Scheme No.4 to allow the proposed development to be located primarily outside the approved building envelope, with a 5.14m ridge height, 352.6m² floor area, on the grounds that the setback reduction and retaining wall will not affect the amenity of the locality.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Salomone, J

27283

That Council:

a) Prior to commencement of the development hereby approved, the submitted plans shall be modified to maintain current set back.

c) The Outbuilding shall be used for purposes incidental and ancillary to the enjoyment of the dwelling on the land only, and shall not be used for human habitation or commercial purposes;

e) Stormwater is to be detained on-site to the satisfaction of the Shire of Manjimup such that peak discharge after development does not exceed peak discharge prior to development.

2. Advice to the Applicant:

(i) Approval to a 0.5m setback as proposed would create an undesirable precedent for reduced side setbacks to outbuildings located within the Rural-Residential Zone.

c) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health (Miscellaneous Provisions) Act 1911.

CARRIED: 9/0

Reasons:

· The block is larger than normal.

· Still allows the proponent to extend his shed.

· Opportunity for solar panels and water catchment.

Cr Daubney returned to the Chamber at 5.57pm.

ATTACHMENT

9.5.5 Proposed Extension to Outbuilding at Site 258 Richards Close, Windy Harbour

PROPONENT	PC Wilson
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Site 258 Richards Close, Windy Harbour
WARD:	Coastal
ZONE:	Special Use No.5
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA17/229, P56746
LEGISLATION:	Planning and Development Act 2005, Shire of Manjimup Local Planning Scheme No.4.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24/11/2017
DECLARATION OF INTEREST:	Nil

Background:

The subject property is a 668m² leasehold property located within the Eastern Portion (Gregory Way) Precinct of the Windy Harbour Settlement. The property is surrounded by similar leaseholds on all boundaries.

Location Plan

Site 258 currently contains an 85m² Holiday Cottage approved in 2002 and a 38m² Outbuilding approved in 1990. Native vegetation, mainly Coastal Peppermint Trees, is located towards the front and eastern side boundaries of the leasehold. The site is relatively level with minor undulation. A seasonal creek is located to the south, and regularly inundates the southern section of the Site 258.

The application proposes the replacement and extension of the existing Outbuilding to be 10m long by 7m wide (70m²) on the north-western portion of the leasehold in a partially vegetated area. The proposed Outbuilding will have an apex height of 4.4m and a 3.4m wall height. The Outbuilding is to be steel framed and metal clad, with a “deep blue” finish. The applicant has advised that a number of native trees (Coastal Peppermints) will need to be removed to facilitate the extension of the Outbuilding. A copy of the proposed development plans and aerial photograph of the site are attached.

ATTACHMENT: 9.5.5(1)

Local Planning Policy 6.1.16 Windy Harbour Design Codes (the Policy) requires that the Outbuilding be setback behind the front building line of the Holiday Cottage in Precinct 3. The location of the Outbuilding, whilst being partially located over the existing Outbuilding footprint is not behind the front building line of the Holiday Cottage. Additionally, the proposed extension of the footprint of the Outbuilding will be in excess of the Policy recommendations.

Given the proposed setback reduction and increase in Outbuilding floor area, the application must be determined by Council.

PUBLIC Consultation Undertaken:

The application was advertised to the adjoining leaseholders at Sites 257 and 518 Richards Close for a 14 day period, with an additional two days to allow for Australia Post delivery times. No comment was received from either leaseholder.

COMMENT (Includes Options):

The provisions of Local Planning Scheme No 4 (the Scheme) include the Windy Harbour Settlement within Special Use Zone 5. The overall objective (Vision Statement) for the Windy Harbour Special Use Zone is to “Manage Windy Harbour as a district and regional coastal holiday and recreation destination, while recognising the limited servicing, strong community associations, cultural heritage and environmental context”.

Development within this Zone is guided by both provisions within the Scheme and the Policy. In accordance with clause 6 of Special Use Zone No.5, all use and development within the Windy Harbour Settlement requires the prior planning consent of the Shire. A copy of the application’s assessment against the Policy is attached.

ATTACHMENT: 9.5.5(2)

To assist the Council in determining the revised setbacks of the replacement Outbuilding, floor area and vegetation removal, the following comments are offered:

\Variation for Outbuilding Setback and Floor Area

Given that the siting of the proposed replacement Outbuilding does not meet the acceptable Precinct 3 setback requirements of the Policy at clause c) (vii), the relaxation of its further extension within the front boundary setback and floor area must be considered against the Performance Criteria for Outbuildings in Windy Harbour as follows:

“To ensure that Outbuildings are maintained to a size commensurate with the Holiday Cottages that do not detract from the streetscape or the character of Windy Harbour.”

Front Boundary Setback

The application proposes the extension of the Outbuilding footprint to the front leasehold boundary leaving a 1.2m setback distance. It is noted by the author that the existing Outbuilding has been ‘in situ’ since 1990, and predates the Policy. Although the Outbuilding is not ideally situated on the leasehold, it is noted that the seasonal creek on the southern side of the leasehold heavily inundates the land for several months of the year, and therefore make the siting of an Outbuilding behind the front building line of the Holiday Cottage impractical.

The adjoining leaseholders the north of the proposal site have their Holiday Cottage and Outbuilding oriented to the north, and a large sand dune creates a visual buffer to the Holiday Cottages on the south side of Richards Close. Although increasing its presence within the Richards Close streetscape, the reduced setback is not considered by Shire Officers to impact on the amenity of adjoining properties, or the safe use of Richards Close by vehicles and pedestrians.

Floor Area

As described above the replacement Outbuilding is to be sited over the existing 38m² Outbuilding location and increased in size to 70m², with the extended area being located toward the northern and western boundaries. The Precinct 3 provisions permit Outbuildings to be 60m²in floor areaor 10% of the maximum size of the leasehold area. Given the leasehold is 668m² in area, a maximum Outbuilding floor area of 67m² is permitted by the Policy. The matter of an additional 3m² above Policy requirements is considered minor in this instance, as the size of the proposed Outbuilding is considered commensurate with the size of the 85m²Holiday Cottage on site. The proposed sizing will not dominate the aesthetic of the leasehold, given the Holiday Cottage has a height of 10m.

Despite the proposed variations to the Policy provisions, the proposal is considered by Shire Officers to meet the Policy’s Performance Criteria.

Proposed Removal of Vegetation/Replacement Vegetation

To facilitate the extension of the Outbuilding, the applicant has stated that 5 Coastal Peppermint Trees (Agonis flexuosa) on the northern and western boundaries be removed. Upon inspection of the site, it was determined that the applicant had overstated the number of trees to be removed, and that only 3 Coastal Peppermint Trees would need to be removed.

The Policy provides that should vegetation be removed to allow for development of a leasehold, it will apply appropriate approval conditions to ensure that replacement vegetation using species indigenous to Windy Harbour is planted to ameliorate the loss of vegetation.

In light of the above Policy requirement and proposed vegetation removal, the author recommends Council include a condition of approval requiring the applicant to plant 3 replacement Coastal Peppermint Trees within the leasehold.

Conclusion

Given that the applicant’s plans meet the relevant Performance Criteria of the Policy and the native vegetation proposed to be removed can be replaced, Shire Officers recommend approval of the development application for Site 258 Richards Close, Windy Harbour subject to standard conditions and advice notes as provided in the Officer Recommendation.

STATUTORY ENVIRONMENT:

Applications for planning consent are determined in accordance with Part 10 of the Scheme. As detailed in clause 10.3 of the Scheme, in determining an application for planning approval the local government may:

(i) Grant its approval with or without conditions; or

(ii) Refuse to grant its approval.

As prescribed with clause 10.2 of the Scheme, in considering an application for planning consent, Council is required to have regard to, amongst other things, the following matters:

“(i) the aims and provisions of the Scheme…”

“(vi) the local governments adopted Local Planning Strategy and any Local Planning Policy adopted the local government under Clause 2.4…”

“(x) the compatibility of a use of development with its settling in the potential impact on the use and enjoyment of adjacent and nearby land and taking into account any Special Control Area;”

“(xv) the preservation of the amenity of the locality.”

Having regard to the requirements of the Scheme and the Policy, it is considered that the application as submitted is consistent with the development criteria applicable to the land.

Policy / Strategic Implications:

In the design and construction of Holiday Cottages in Windy Harbour the Scheme defers to the Policy. The main objectives of the Policy are:

(i) To ensure new development enhances and protects the existing character of Windy Harbour as a low-impact holiday settlement that responds to its natural surrounds;

(ii) Provide a clear set of design objectives that are based on retaining and enhancing the existing character of Windy Harbour; and

(iii) Provide for individual lease areas to be developed in a manner that is consistent with the character of Windy Harbour, whilst not becoming overly restrictive.

Approval to the design as submitted will result in the proposed Outbuilding not visually impacting significantly on those leasehold on the north side of Richards Close or the adjoining neighbour at Site 257. As a primary objective for Outbuildings in the settlement to ensure that they do not dominate the streetscape, the plans as submitted are considered consistent with the adopted Performance Criteria of the Policy.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: There is considered to be no significant environmental implications resultant from the subject application, provided that the native vegetation proposed to be removed is re-established by the applicant.

Economic: Nil.

Social: Nil.

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 for the construction of a Holiday Cottage and Outbuilding at Site 258 Richards Close, Windy Harbour (Application TP 215/2017) in accordance with the submitted plans as attached at 9.5.5(1) and subject to the following conditions:

a) The development hereby approved is to be carried out generally in accordance with the amended plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup;

b) The approved Outbuilding is not to be used for Human Habitation or any other purpose;

c) No building shall be constructed above or within 1.0m of the alignment of the Windy Harbour water main;

d) All stormwater and drainage run off is to be detained on the subject property to the satisfaction of the local government; and

e) The proposed Finished Floor Level of the development is not permitted to be more than 100mm above the current Natural Ground Level (NGL) of Site 258;

f) Three (3) Coastal Peppermint Trees (Agonis flexuosa) are to be planted within Site 258 within 12 months of completion of the Outbuilding to the satisfaction of the Shire of Manjimup.

2. Advice to Applicant:

b) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health Act, 1911 (as Amended).

COUNCIL RESOLUTION:

Moved: Salomone J Seconded: Taylor, R

27284

That Council:

b) The approved Outbuilding is not to be used for Human Habitation or any other purpose;

c) No building shall be constructed above or within 1.0m of the alignment of the Windy Harbour water main;

d) All stormwater and drainage run off is to be detained on the subject property to the satisfaction of the local government; and

e) The proposed Finished Floor Level of the development is not permitted to be more than 100mm above the current Natural Ground Level (NGL) of Site 258;

f) Three (3) Coastal Peppermint Trees (Agonis flexuosa) are to be planted within Site 258 within 12 months of completion of the Outbuilding to the satisfaction of the Shire of Manjimup.

2. Advice to Applicant:

b) The applicant is advised that the resultant development must comply with all relevant provisions of the Building Code of Australia, the Health Act, 1911 (as Amended).

CARRIED: 10/0

Councillors Daubney and Taylor declared a Financial Interest in this Item as they are the Leaseholders of Site 114 and 239 Windy Harbour respectively. Crs Daubney and Taylor did not speak or vote on the matter and left the Chamber at 5.58pm.

ATTACHMENT

9.5.7 Status of Windy Harbour Management Plan 2007-2017

PROPONENT	Shire of Manjimup
OWNER	Crown vested with Shire of Manjimup
LOCATION / ADDRESS:	Reserve 38881 (Nelson Locations 12439 and 13304) Windy Harbour
WARD:	Coastal
ZONE:	Parks and Recreation
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	PRO8/2
LEGISLATION:	N/A
AUTHOR:	Brian Robinson
DATE OF REPORT:	27/11/2017
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary meeting held on 8 November 2007, Council adopted the Windy Harbour Management Plan 2007-2017. The Plan as adopted by Council comprised thirty six recommendations, split into approximately 96 actions.

Given the substantial range of matters addressed by the Plan, and their cost implication, Council was requested to consider prioritising the plan’s recommendation at its meeting held on 18 June 2009. A copy of the priorities as adopted by Council is shown attached.

ATTACHMENT: 9.5.7(1)

Following a question from a member of the public at its 26 October 2017 meeting, the author of this report has undertaken an audit of the Windy Harbour Management Plan 2007-2017 recommendations. A spreadsheet summarising the status of the recommendations is shown attached.

ATTACHMENT: 9.5.7(2)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As shown at Attachment: 9.5.7(2) the majority of the recommendations are either ongoing, or have been implemented. Some of the more notable recommendations to have been implemented to date are as follows:

a) The preparation of detailed design guidelines;

b) Preparation of plans and consultation regarding new lease areas, with two new additional lease areas having been completed;

c) Construction of the new Windy Harbour access road;

d) Drainage works within the Camping Ground and settlement; and

e) Significant upgrading of the Boat Ramp car parking area.

As noted within Attachment: 9.5.7(2), a number of recommendations are yet to be implemented, with the most noticeable being:

i) Extending the reserve boundaries to the low water mark;

ii) A partial road closure of the Windy Harbour Road Reserve to reduce the width of the road reserve and increase the area of land available for the settlement, in particular the Nature Based Camping Ground;

iii) Further development of the Camping Ground to provide a range of accommodation options and improve commercial viability of the facility.

Plans detailing the potential for further development of the Camping Ground are currently being prepared by Shire Officers ‘in house’. In order for these plans to be finalised, the ultimate extent of the Camping Ground needs to be confirmed.

Preliminary examination of a partial closure of Windy Harbour Road reserve indicates that there is potential for some 7,500m² of land to be excised from the road reserve for incorporation into the Camping Ground, expanding the area available for the use and increasing the potential for a range of accommodation options to be provided.

Whilst it is recognised that, the Shire staff must progress all remaining recommendations of the Windy Harbour Management Plan 2007-2017, it is recommended that the partial road reserve closure and rationalisation of the reserve boundaries are the two most important recommendations remaining to ensure that the land available for the Windy Harbour Nature Based Camping Ground is maximised. It is therefore recommended that priority be given to these recommendations.

STATUTORY ENVIRONMENT:

Local Government Act 1995

Policy / Strategic Implications:

The Windy Harbour Management Plan is due for formal review in 2018. A number of the recommendations contained within the current plan (2007-2017) are ongoing and their retention must be considered within any new draft plan.

Organisational risk management:

Nil

Financial Implications:

Council will be requested to consider making a budget allocation for the review of the Windy Harbour Management Plan as part of the 2018/19 financial year.

Sustainability:

Environmental: Nil

Economic: Rationalisation of the Windy Harbour Road reserve and Camping Ground boundaries will facilitate expansion of the Camping Ground, improving the opportunity to provide a range of accommodation options and improving the financial viability of the facility.

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note the current status of recommendations contained within the Windy Harbour Management Plan 2007-2017 as shown at Attachment: 9.5.7(2);

2. Request the Chief Executive Officer to continue progressive implementation of the Management Plan recommendations, with an emphasis on:

a) The rationalisation of the boundaries of the Windy Harbour Road Reserve and Reserve 38881 with the view to incorporating that portion of road reserve to be closed within the Windy Harbour Camping Ground; and

b) Finalisation of lease arrangements associated with the Windy Harbour Water Supply.

3. Give consideration to a budget allocation for the review of the Windy Harbour Management Plan as part of the 2018/19 annual budget process.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Herbert, V

27285

That Council:

1. Note the current status of recommendations contained within the Windy Harbour Management Plan 2007-2017 as shown at Attachment: 9.5.7(2);

2. Request the Chief Executive Officer to continue progressive implementation of the Management Plan recommendations, with an emphasis on:

b) Finalisation of lease arrangements associated with the Windy Harbour Water Supply.

3. Give consideration to a budget allocation for the review of the Windy Harbour Management Plan as part of the 2018/19 annual budget process.

CARRIED: 8/0

Councillors Daubney and Taylor returned to the Chamber at 5.59pm.

ATTACHMENT

9.7.1 Proposed Parking Local Laws 2017

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	27/11/2017
DECLARATION OF INTEREST:	Nil

Background:

The following Local Laws currently exist in relation to Parking within the Shire:

· Parking By-Laws and Stands for Vehicles published in the Government Gazette on 1 May 1957;

· Model By-Laws (Parking of Commercial Vehicles on Street Verges) No 20 published in the Government Gazette on 3 August 1979; and

· Uniform General – (Parking for Disabled Persons) By-Laws as published in the Government Gazette on 2 March 1990.

Copies of the current Local Laws are shown attached.

ATTACHMENT: 9.7.1(1)

At its Ordinary Meeting held on 22 June 2017, Council resolved to adopt a new single comprehensive Parking Local Law for the purposes of advertising. A copy of the draft Local Law as advertised is shown attached.

ATTACHMENT: 9.7.1(2)

With advertising of the proposed Local Laws now complete, Council is requested to consider adopting the local laws in accordance with section 3.12 of the Local Government Act.

PUBLIC Consultation Undertaken:

The proposed Parking Local Law 2017 has been advertised for public comment over a period of 6 weeks. As required by the Local Government Act 1995, both Statewide and Local notice was given with advertisements appearing in the West Australian Newspaper as well as the Manjimup Bridgetown Times, the Karri Pidgeon and the Walpole Weekly.

The advertising period closed on 13 October 2017. Whilst two queries were received and answered, no formal submissions were received.

COMMENT (Includes Options):

As stated within the Public Consultation Section above, two queries were received during advertising of the Draft Local Laws. These queries related to the ability of the Shire to address to ongoing parking issues that cannot be addressed under the current Local Laws, with particular reference to the introduction of timed parking.

Should the Local Laws be successfully introduced, the most significant changes to current regulations are summarised as follows:

a) Gaps in the current local laws for parking regulations such as Loading Bays, clearance from fire hydrants, driveways and intersections;

b) Updated Penalties; and

c) Elected Members will, by Council resolution, have the ability to introduce timed parking, restricting the time that vehicles may park within street side parking in identified areas (i.e. Manjimup CBD).

It should be noted that the Draft Parking Local Laws have been based on Local Laws gazetted within several local governments.

STATUTORY ENVIRONMENT:

The provisions of the Local Government Act 1995 enable Western Australian Local Government to make local laws considered necessary for the good governance of their districts. The procedure for making a local law, which is prescribed by section 3.12 of the Act.

As detailed in section 3.12 of the Act, Draft Local Laws must be adopted by Absolute Majority and must contain a clear statement/notice of purpose and effect of local.

In this regard, the proposed purpose and effect of the Draft Shire of Manjimup Parking Local Law 2017, the purpose and effect of the Local Laws are as follows:

Purpose – to provide for the management of operation of parking throughout the Shire of Manjimup.

Effect – to repeal existing local laws and requiring a person parking a vehicle within the district is to comply with the provisions of this local law and any restrictions within areas specifically signed or marked.

Policy / Strategic Implications:

The adoption of new Parking Local Laws will ensure that Shire Rangers have adequate statutory authority to ensure the regulation of Vehicle Parking within the district.

Organisational risk management:

Nil

Financial Implications:

Costs associated with finalising the Draft Local Law will be wholly contained within the Shires approved budget for the 2017/18 financial year.

Sustainability:

Environmental: Nil

Economic: Nil

Social: The regulation of parking within the district ensures that the parking of vehicles does not detrimentally impact on the amenity or safety of the community. The introduction of timed parking within Manjimup CBD will ensure that, where required, parking bays are made available for the parking of customer vehicles and are not used for all day parking.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council

1. pursuant to the Local Government Act 1995 section 3.12(4) adopt the Draft Shire of Manjimup – Parking Local Law 2017, as shown at Attachment: 9.7.1(2) for the following purpose and effect:

Purpose – to provide for the management of operation of parking throughout the Shire of Manjimup.

Effect – to repeal existing local laws and requiring a person parking a vehicle within the district is to comply with the provisions of this local law and any restrictions within areas specifically signed or marked.

2. Request that the Chief Executive Officer make the following arrangements pursuant to section 3.12(5) of the Local Government Act 1995:

a) a copy of the Draft Local Laws to be forwarded to the Minister; and

b) Notification to appear within the Government Gazette

3. Await a further report on areas proposed to be subject of timed parking limits, following gazettal of the Draft Local Law.

COUNCIL RESOLUTION:

Moved: Herbert, V Seconded: Daubney, L

27286

That Council

1. pursuant to the Local Government Act 1995 section 3.12(4) adopt the Draft Shire of Manjimup – Parking Local Law 2017, as shown at Attachment: 9.7.1(2) for the following purpose and effect:

Purpose – to provide for the management of operation of parking throughout the Shire of Manjimup.

2. Request that the Chief Executive Officer make the following arrangements pursuant to section 3.12(5) of the Local Government Act 1995:

a) a copy of the Draft Local Laws to be forwarded to the Minister; and

b) Notification to appear within the Government Gazette

3. Await a further report on areas proposed to be subject of timed parking limits, following gazettal of the Draft Local Law.

CARRIED: 10/0

9.11.1 Proposed Budget Amendment - Successful Grant Application

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Public Library
WARD:	Central
ZONE:	Central
DIRECTORATE:	Community Services
FILE REFERENCE:	F170502
LEGISLATION:	Local Government Act 1995
AUTHOR:	Frances Bullock
DATE OF REPORT:	14/11/17
DECLARATION OF INTEREST:	Nil

Background:

For the past nine years the Department of Social Services have provided a digital literacy and online safety program for seniors via the ‘Broadband for Seniors’ (BFS) national network. BFS has provided the Manjimup Public Library with five public computers and various on-line training resources to support the seniors in our community with digital literacy. The Shire also received an annual income of $360 for providing training to volunteers who then assist seniors in using digital technology to increase their capacity and ability to connect with their families, friends and communities by participating online.

As of 30 June 2017, BFS ceased its operation, with the introduction of a new program ‘Digital Literacy for Older Australians (DLOA) by the Department of Social Services.

From 1 October 2017, the announcement of the successful service provider to Good Things Foundation (GTF) was made, an international social and digital inclusion charity. They are leading the recruitment and support for the Be Connected Network, which Manjimup Library is now an approved Network Partner.

As a Network Partner, Manjimup Library recently applied and was successful in obtaining a small ‘activation grant’ to support older people to develop their digital skills and confidence over a maximum 10 month period.

The purpose of this report is to inform Council that a grant has been received, and to request Council to amend the annual budget accordingly and Council is requested to amend the 2017/18 budget accordingly.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The secured grant funding will allow the Library to brand as a ‘Be Connected’ Network Partner, increase marketing and raising awareness for older people to find us more easily. The funds will also be used to provide out of pocket expenses to volunteers for clearance checks and in the advertisement and recruitment of more volunteers to provide this professional service for older Australian’s.

STATUTORY ENVIRONMENT:

Local Government Act 1995 s 6.8

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Nil

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council amend the 2017/18 budget under Library Services to include Good Things Foundation Activation Grant – funding of $1,500 (excluding GST)

Description	Current Budget	Amended Budget	Variation
Be Connected	$0	$1,500	$1,500
Good Things Foundation Activation Grant	$0	($1,500)	($1,500)
Net Rate Funds	$0	$0	$0

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Jenkins, D

27287

That Council amend the 2017/18 budget under Library Services to include Good Things Foundation Activation Grant – funding of $1,500 (excluding GST)

Description	Current Budget	Amended Budget	Variation
Be Connected	$0	$1,500	$1,500
Good Things Foundation Activation Grant	$0	($1,500)	($1,500)
Net Rate Funds	$0	$0	$0

CARRIED: 10/0

101

ATTACHMENT

9.12.1 Consideration of Public Submissions for the Proposed Road Closure of Loverock Road, Northcliffe

PROPONENT	Shire of Manjimup
OWNER	Unallocated Crown Land
LOCATION / ADDRESS:	Loverock Road, Northcliffe
WARD:	Coastal
ZONE:	Railways
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170159
LEGISLATION:	Local Government Act 1995, Land Administration Act 1997
AUTHOR:	Michael Leers
DATE OF REPORT:	27/10/2017
DECLARATION OF INTEREST:	Nil

Background:

At the Ordinary Council Meeting of 1 June 2017, Council resolved to publicly advertise its proposal to approve public consultation, for a period of 35 days, for the proposed indefinite closure of the Loverock Road Unallocated Crown Land (UCL) thoroughfare. A copy of the Council resolution is below.

27039

That Council:

1. Under section 3.50 of the Local Government Act, approve public consultation, for a period of 35 days, for the proposed indefinite closure of the Loverock Road UCL thoroughfare; and

2. Approve the reuse of gravel from Loverock Road UCL as resheet material on other Northcliffe area gravel roads.

ADOPTED BY EN BLOC RESOLUTION: 9/0

Following the required public consultation, Councillors are now asked to consider options for the closure of Loverock Road.

PUBLIC Consultation Undertaken:

The proposed indefinite closure of Loverock Road, UCL was advertised in the Manjimup Bridgetown Times on Wednesday 13 September 2017. Written correspondence was sent to all adjoining property/land owners on Friday 22 September 2017. Further notice was provide to various State Government agencies including Department of Water and Environmental Regulation, Parks and Wildlife Services and Department of Fire and Emergency Services.

A total of fourteen (14) submissions were received including one (1) late submission and an informal petition filed with a total of 236 signatures. This unofficial petition was considered as a formal submission. A summary of the comments are included in the attachment.

ATTACHMENT: 9.12.1(1)

· 10 submissions have been identified as full objections or raising substantial concerns;

· The informal petition comprising 236 signatures opposing the road closure is noted in the summary as one submission;

· 1 submission has been identified as partial objections (i.e. either objecting or raising significant concerns with certain elements of the proposal); and

· 2 submissions have been identified as being supportive or raising no objection to any elements of the proposal.

All full submissions are available for Council to view prior to, or on the day of the Council meeting on request.

COMMENT (Includes Options):

Historically the UCL thoroughfare, the two bridge structures and a light aircraft landing strip were under the care and control of the Department of Biodiversity Conservation and Attractions (DBCA). However following a review conducted by DBCA, the assets were found to be located within UCL therefore removing DBCA management responsibility.

Shire Officers subsequently sought advice from the Department of Lands regarding the responsibility of UCL. Section 3.53 of the Local Government Act 1995 states that “a local government is responsible for controlling and managing every otherwise unvested facility within its district”. An ‘otherwise unvested facility’ means a thoroughfare, bridge, jetty, drain, or watercourse belonging to the Crown, the responsibility for controlling or managing which is not vested in any person other than under this section. Therefore, management and control falls to the Shire. In order to assist the Shire with its management responsibilities, Officers commenced the road closure process, commencing with public consultation.

A summary of all the submitted comments supporting the proposal are provided below:

· Support for closure pending ability to purchase a portion of UCL adjacent to the property.

A summary of all the submitted comments opposing the proposal are provided below:

· Strategic fire break/bush fires

· Presence of flora and fauna

· Used during bush fires

· Cost of upgrades

· Heavy Vehicles on other roads in the vicinity

· Ease of use/short cut/alternative access route

· Isolation of older farmers

· Keeps farm machinery off other roads

To assist Council consider the merits of the proposal, the following comments are offered.

Strategic Fire Break/Bush Fires

The Shire’s Community Emergency Services Manager has indicated that Loverock Road was used during operations related to the Northcliffe O’Sullivan Fires and other fires, as an access route, strategic access for firefighting crews and a firebreak. This comment stands for all roads in the vicinity at the time.

Presence of Flora and Fauna

There has been some concerns over flora and fauna in the area notably Pitcher Plants (a group of carnivorous plant species from various genera). None of these species of plant are considered endangered or threatened in this locale.

DBCA’s Nature Conservation Officer (Flora) Parks and Wildlife Service has noted that the only P4 flora (rare, near threatened and other species in need of monitoring) in the area is Lomandra Ordii which is present along Loverock Road on the Boorara Brook extending 500m North and 150m South.

Cost of Upgrade

As Main Roads Western Australia (MRWA) have the statutory responsibility over bridges, they advise on the construction methods involved in upgrading and/or renewing bridges. The proposed costs mentioned in the previous report of some $1.2 million is the Shires indicative costs based on other bridge renewal projects in the Shire, carried out under similar circumstances.

Use of Road Including Access

Loverock Road has been used for many years by locals as a secondary way of accessing their properties. This may be either as a shortcut to farmland or direct access to visit neighbouring properties. Access onto surrounding properties can be primarily gained from a number of other gazetted roads including but not limited to Windy Harbour Road, Riverway Road, Owens Road, Palm Creek Road and Beebe Road. As such, Loverock Road is not considered as primary access to properties.

Previous to one of the bridges being 10 tonne load rated, the use of Loverock Road by various industry’s Heavy Haulage was permitted by DBCA. DBCA Permits were issued with conditions – one condition being not traversing the bridges as their condition was unknown. Therefore, only some sections of the road could be used for Heavy Haulage. Currently there is no Restricted Access Vehicles permitted to use Loverock Road and it cannot be used for log trucks, school buses or Restricted Access Vehicles or any vehicle over 10 tonne.

There are other roads in the vicinity that are part of MRWA Restricted Access Vehicle network that are permitted heavy haulage use, with conditions. This is administered primarily by MRWA and then by the Shire.

Discussion

MRWA are the controlling body of all bridge structures in the state. Following DBCA’s request to repeal their responsibility of the assets, the Shire was contacted by MRWA regarding the management responsibility of bridge 4715 on Loverock Road over Boorara Brook and bridge 4957 on Loverock Road over an un-named creek. MRWA officers advised the Shire that in order to conduct thorough inspections of these bridges, a ten metre clearing would need to take place all around the bridges. It is estimated the total costs of these clearing works is $25,000. The clearing works are absolutely necessary in order for MRWA to undertake their compulsory inspections. Associated with the vegetation clearing works is the major risk that when vegetation is removed the bridge and the bank become unstable and present further structural issues.

MRWA statutory bridge inspections are undertaken on a regular basis in order to confirm condition and stability (including load rating) of all bridges in the state of WA. This enables MRWA to better plan and budget for bridge renewal or upgrade. MRWA determine their program for these major works based on usage, importance, condition and other factors. Though the Local Government is often required to provide a relatively small financial contribution to these works, the Local Government cannot always influence timing and type of works to be undertaken. Therefore, there is no guarantee of MRWA funding bridge renewal or upgrade on Loverock Road. Further to this, there is limited grant funding options available for works in UCL.

As noted above, this road closure issue has a number of competing concerns and it is appropriate to consider each of these concerns. Of primary relevance is the reason for the initial road closure proposal:

· Currently the bridges have a load rating of 10 tonne, however this cannot be validated due to the absence of any recent condition inspection;

· The costs associated with maintaining this seven kilometre stretch of road; and

· The cost of potentially upgrading or renewing two bridges.

Options

There are three options considered appropriate for Council to consider:

Option 1: Close bridges 4715 and 4957 and Loverock Road;

Option 2: Retain Loverock Road as a thoroughfare, allow 10m clearing for inspection of the bridges, with the expectation that it will trigger an upgrade from MRWA. The likely short term outcome of this option is that MRWA will load limit both bridges to less than 10 tonne, pending further inspections; or

Option 3: Keep Loverock Road open and upgrade both bridges with an expected cost of approximately $1.2 million. The Shire is unable to determine if MRWA will fund necessary works. If in the unlikely event, MRWA funds the upgrade/renewal of the two bridges on Loverock Road, at the expense of other bridge works elsewhere in the Shire. The Shire has some forty three (43) other bridges that are currently on its maintenance schedules.

Concluding comments

Due to overwhelming community support to keep the road open, it is recommended the Shire retain as a thoroughfare Loverock Road and fully fund the vegetation clearing works necessary for MRWA inspection. Results of the inspection will be presented to Council to assist further consideration in relation to the thoroughfare. Possible outcomes of that inspection may be:

· The bridges are load limited pending future investigation by MRWA; or

· Total bridge closure triggering upgrade/replacement.

STATUTORY ENVIRONMENT:

Section 3.5 of the LGA and the associated regulations provides for the closure of a thoroughfare managed by a local authority. The LGA requires public notice to be given in a newspaper circulating in the district and for written notice to be provided to any affected property owners, the fire service, ambulance service and any utility service providers that might be affected by the closure. The LGA requires the closure to be effected by public notice in a newspaper circulated in the district.

Policy / Strategic Implications:

Road closures are primarily at the policy level of decision making. Council is asked to weigh the rights and concerns of an individual against the rights of the greater community. Due to the common law perpetual right to use a dedicated road, both statutes dealing with road closures include a process of public consultation, to ensure the merits of the competing rights are weighed by the decision maker.

Organisational risk management:

Risks will require ongoing management throughout the course of the project. Unforeseen risks will be identified and addressed accordingly. The recommended works will fully identify issues with the bridges and allow a more detailed risk assessment.

Financial Implications:

Initial costs of the clearing of vegetation around both bridge sites is approximately $25,000. The Shires Works Department are unable to carry out these vegetation clearing works as part of their Operational Budget. As this is a ‘one-off’ expense and Northcliffe Townsite Mainstreet Upgrade is proposed to be fully funded in future budgets it is recommended that the funds are sourced from the current Northcliffe Townsite Mainstreet Upgrade carry forward budget of $147,911.

Pending the outcome of the MRWA inspections the budget for further works will have to be considered by Council.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: A safe and useable road network helps create good social and business connections.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council amends the 2017/18 Budget by reallocation of $25,000 from the Northcliffe Townsite Mainstreet Upgrade Budget to be used to clear vegetation to enable MRWA to carry out a detailed inspection of bridges 4715 and 4957 on Loverock Road.

Description

Current Budget

Amended Budget

Variation

Northcliffe Townsite Mainstreet Upgrade carry forward

Loverock Road Vegetation Clearing

$147,911

$122,911

$25,000

($25,000)

$25,000

Net Rate Funds

$147,911

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Ventris, M

27288

Description

Current Budget

Amended Budget

Variation

Northcliffe Townsite Mainstreet Upgrade carry forward

Loverock Road Vegetation Clearing

$147,911

$122,911

$25,000

($25,000)

$25,000

Net Rate Funds

$147,911

CARRIED: 10/0

107

Councillor Winfield declared a Financial Interest in this Item as his wife consults to the Shire on Town Centre Revitatlisation Project. Cr Winfield did not speak or vote on the matter and left the Chamber at 6.00pm.

ATTACHMENT

9.12.3 Proposed Award of Tender RFT 01/17 Construction of a Roundabout South Western Highway, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Main Roads WA
LOCATION / ADDRESS:	South Western Highway, Manjimup
WARD:	Central Ward
ZONE:	Road Reserve
DIRECTORATE:	Works & Services
FILE REFERENCE:	F170417
LEGISLATION:	Local Government Act 1995 Local Government (Functions and General) Regulations 1996
AUTHOR:	Catherine Scollan
DATE OF REPORT:	17/11/2017
DECLARATION OF INTEREST:	Nil

Background:

On 12 May 2016 the Shire of Manjimup was advised its business case for the Revitalisation of Manjimup’s Town Centre Project requesting $22.29M from the Royalties for Regions “Growing Our South” program was successful. The total project value is in the order of $27.462M and timeframe allocated by the State for project completion is December 2019.

As part of the Revitalisation of Manjimup’s Town Centre Project eight major project components were identified and each of these components were split into various elements designed to deliver transformational economic and social outcomes in the Manjimup town site and greater region. The construction of a roundabout on the South Western Highway at the intersection of Blechynden Street creating a better defined town entrance is a key stage of the Manjimup Town Centre Revitalisation Project Stage II Component 1.

In accordance with the requirements of the Local Government Act 1995, the request for Tender, RFT 01/17 Construction of Roundabout South Western Highway, Manjimup WA was advertised seeking the services of an appropriately experienced and Main Roads (R1 or R2 preferred) accredited road construction company to Tender for the construction of all works associated with the Shire and Main Roads WA approved design of the roundabout. Tenders closed 17^th November 2017.

The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 01/17 Construction of Roundabout South Western Highway, Manjimup WA.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Ten (10) prospective civil contractors drew documents from the Shire’s website and a total of two (2) Tenders were received by close of tender at 3.00pm on Friday 17^th November 2017.

A third Tender submission was received at 7.38am Saturday 18^th November. This Tender was received well after the deadline and rejected citing Clause 1.10 from the Tender document - “Tenders received after the Deadline, or in a place other than that stipulated in this Request, will not be accepted for evaluation”. The Third Tenderer appealed the decision of the Probity Officer and made a formal submission to the Chief Executive Officer (CEO) for review. On review of the appeal the CEO upheld the original decision and the late tender was rejected without assessment.

The Tender Evaluation Panel, comprising three members, undertook to independently assess the Tenders received using a matrix. The matrix referenced the terms and assessment criteria of the Request for Tender. Part of the Tender conditions was a requirement to attend a compulsory site inspection. Only one of the two Tenderers met this requirement, however the non-compliant Tender was considered in the rating process. Both Tenders received were deemed to be within scope and overall of a high standard.

It must be noted that APH Contractors who did not attend the “compulsory site inspection” as part of the tender criteria Part 1.7. As such their submission was considered non-compliant however APH submission demonstrated ability and experience in similar constructions and due to the level of design and clarifications in the addenda’s, were considered capable of completing the roundabout construction and as such their Tender submission was assessed against the selection criteria.

Therefore, the two (2) Tenderers who submitted by closing time on Friday 17^th November 2017 were assessed. Weighted criteria scores were averaged from the three (3) evaluators and used in the evaluation sheets to establish the ranking of the tenders. Weighted scores for pricing are based on the average from all tenders compared to the bid price. The average price is given a score of 2.5 with those prices greater than the average score below 2.5 and those prices less than the average score more than 2.5, calculated using the WALGA provided evaluation formula [((average-bid price)/(bid price))x2.5].

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of that assessment shown below.

ATTACHMENT: 9.12.3(1)

	Weighted Score
	(a) Experience	(b) Ability to Deliver	(c) Price	Total Score	Ranking
TRACC Civils	23.3	20.8	25.8	70.0	1
APH Contractors	21.3	21.7	24.2	67.2	2

Based on all of the information received and assessed it is recommended by the Panel to Award Tender RFT 01/17 to TRACC Civil.

Further to the evaluation assessment undertaken, a reference check with the City of Cockburn was carried out. They confirmed TRACC Civil have experience with two large value construction jobs for the City, $4.6m and $2.06m respectively. They worked within timeframe and within budget. Reference checks have also been carried out with City of Joondalup and Main Roads WA – both confirming a good finished product.

It must be noted that TRACC Civil cannot start on the given date in January, however have given a start date of mid-February. Shire Officers are confident TRACC Civil can complete the works within the timeframe recommended by MRWA.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 require Tenders to be publicly invited for contracts exceeding $150,000 in value.

Policy / Strategic Implications:

The significance of the town entrance roundabout is supported in the following strategic documents:

· Manjimup SuperTown Townsite Growth Plan 2012

· Town Centre Revitalisation Component 1 Stage II 2016

Organisational risk management:

Risk mitigation has been achieved by the following;

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

· The Panel have recommended a Tender within budget and with adequate contingency.

· Reference checks undertaken.

· Demonstrated financial sustainability.

Financial Implications:

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

Sustainability:

Environmental: Nil

Economic: The new roundabout will improve access from the South Western Highway, guiding vehicles to the South West Energy Experience and the Timber Heritage Park and CBD.

Social: The new roundabout will provide an additional, safer access point to the town centre in comparison with the current access at Ralston Street.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award the Tender RFT 01/17 Construction of Roundabout South Western Highway, Manjimup WA, to TRACC Civil for a price of $1,796,700.97 (ex GST) in accordance with their submitted Tender response.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Eiby, W

27289

CARRIED: 9/0

111

Cr Winfield returned to the Chamber at 6.01pm.

ATTACHMENT

9.13.1 Award of Tender RFT 06/17 Supply of Gravel Manjimup and Surrounds

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Shire of Manjimup
WARD:	Central, North and East Wards
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170488
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	25/11/2017
DECLARATION OF INTEREST:	Nil

Background:

As a major component of the 2017/18 and expected 2018/19 Infrastructure Budget Capital Works Program, the Shire expects to purchase in excess of $150,000 worth of gravel for upgrade and renewal of its sealed and unsealed roads throughout the Shire. In order to secure fixed prices and to be compliant with regulatory procedure, a Request for Tender (RFT) was advertised for the supply of gravel for use in the Manjimup and surrounding areas. The RFT is seeking to appoint one or more suppliers for a two year period.

The purpose of this report is to present the results of the assessment of the RFT 06/17 Supply of Gravel Manjimup and Surrounds for Council’s consideration.

PUBLIC Consultation Undertaken:

COMMENT (Includes Options):

A total of nine (9) documents were drawn during the Tender phase. At the Tender close, only three (3) Tenders were received.

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of the assessment for Type 1 and material specification shown below.

ATTACHMENT: 9.13.1(1)

	Weighted Score for Type 1
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
B & J Catalano	12.7	16	6	20.3	54.9	1
Starkie Contracting	2.7	6.7	5.3	32.4	47.1	2
Dronow Contracting	2.7	5.3	3.3	22.3	33.6	3

The averaged evaluation assessment from the three (3) evaluators can be found in the attachment with a summary of the assessments for Type 1 and for Type 2 material specification shown below.

ATTACHMENT: 9.13.1(2)

	Weighted Score for Type 2
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
B & J Catalano	8	16	6.7	17.6	48.2	1
Starkie Contracting	4.7	5.3	6	30.8	46.8	2
Dronow Contracting	2.7	4	3.3	26.6	36.6	3

All tenders received were generally of poor quality with some of the required information missing from each Tender. The RFT requested that Tenderer’s have a current extraction permit for the supply of gravel and that this was a component of the weighted selection criteria. The Shire can only purchase material form a permitted source. Only one Tender conformed to this request with a current permit to supply gravel from a single property in the Shire of Bridgetown.

The RFT also specifically requested test results from a certified source confirming that the material to be supplied met either Type 1 material or Type 2 material. Only one Tenderer supplied results indicating the ability to supply Type 1 material only. However Officers are confident all Tenderers abilities to supply the Type 1 and Type 2 Material, given their available plant and resources.

Results of the assessments of all Tenders received has shown that though not being fully compliant with all the requested information in the RFT, all Tenderers are suitable for appointment given their located gravel source and their ability to supply material requested as specified in the RFT – gravel test results and proof of extraction permit at time of gravel purchase. Multiple Tenderers have been awarded for both Type 1 and Type 2 gravel in the Central and North Ward. This is not an appointment of a panel, as the Tenderer used in these areas will be based on transport costs for the supplied gravel, as restrictions on vehicle size exist depending Main Roads WA Restricted Access Vehicle Network provisions in relation to the gravel pit site.

As such it is recommended Council appoint:

· B&J Catalano for supply of Type 1 and Type 2 gravel for works in the North and East Wards of Manjimup, based on best value to the Shire at time of purchase;

· Starkie Contracting for supply of Type 1 and Type 2 gravel for works in the Central and North Wards of Manjimup, based on best value to the Shire at time of purchase; and

· Dronow Contracting for supply of Type 1 and Type 2 gravel for works in the Central and East Wards of Manjimup, based on best value to the Shire at time of purchase.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

Tender assessment was undertaken applying the Council’s Corporate Policy 2.3.8 Regional Price Preference, when applicable. The purchase of gravel and the Tender process is in accordance with the Council’s Corporate Tendering Policy 2.3.6.

Organisational risk management:

There is a high likelihood of severe consequence to the Shire if fixed rates for gravel supply is not secured.

Financial Implications:

Nil, as purchase of material will be in accordance with Council approved 2017/18 Budget.

Sustainability:

Environmental: Effective use of raw materials for road construction purposes allows for a safe and useable road network.

Economic: Cost efficient supply of road construction materials enables for economical delivery of the Shire’s Works Program.

Social: A safe and useable road network helps create good social and business connections.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Tender RFT 06/17 Supply of Gravel Manjimup and Surrounds to:

· B&J Catalano for supply of Type 1 gravel and Type 2 gravel at cost of $16.00 (exc GST) per tonne in the North and East Wards;

· Starkie Contracting for supply of Type 1 gravel and Type 2 gravel at cost of $9.72 (ex GST) per tonne in the Central and North Wards; and

· Dronow Contracting for supply of Type 1 gravel at a cost of $15.22 (ex GST) per tonne and Type 2 gravel at cost of $11.81 (ex GST) per tonne in the Central and East Wards.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Herbert, V

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That Council:

1) Award Tender RFT 06/17 Supply of Gravel Manjimup and Surrounds to:

· B&J Catalano for supply of Type 1 gravel and Type 2 gravel at cost of $16.00 (exc GST) per tonne in the North and East Wards;

· Starkie Contracting for supply of Type 1 gravel and Type 2 gravel at cost of $9.72 (ex GST) per tonne in the Central and North Wards; and

· Dronow Contracting for supply of Type 1 gravel at a cost of $15.22 (ex GST) per tonne and Type 2 gravel at cost of $11.81 (ex GST) per tonne in the Central and East Wards.

2) Where two Tenderers have been accepted for each Ward, adopt the most cost effective approach to the supply of gravel for individual jobs, being inclusive of Tendered Gravel Prices plus the cost of cartage to site.

CARRIED: 10/0

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ATTACHMENT

9.14.1 Award of Tender RFT 05/17 Mowing and Maintenance in the Town of Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup
WARD:	Central
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170465
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	25 November 2017
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup’s current contract for mowing and maintenance of sports fields in the town of Manjimup has expired. In order to secure a fixed a price for a period, a Request for Tender (RFT) was advertised for the mowing and maintenance of sports fields in the town of Manjimup by a suitable contractor for a three year period.

The purpose of this report is to present the results of the Tender assessment for Council’s consideration and to award Tender RFT 05/17 Mowing and Maintenance in the Town of Manjimup.

PUBLIC Consultation Undertaken:

Public advertising of the Tender was in the form of an advertisement in the West Australian Newspaper on 8 November 2017 and the Manjimup Bridgetown Times 0n 8 and 15 November 2017 and advertising on the Shire of Manjimup website, with closing date of 23 November 2017.

COMMENT (Includes Options):

A total of eight (8) documents were drawn during advertising of the Tender. At the Tender close, only one Tender was received. The Tender Evaluation Panel, comprising two Shire Officers, undertook to independently assess the Tender received using an assessment matrix. These assessment scores were then averaged and the averaged Tender assessment matrix is attached.

ATTACHMENT: 9.14.1(1)

A summary of the averaged evaluation assessment from the two (2) evaluators is shown below.

	Weighted Score
	(a) 20% Demonstrated Experience	(b) 10% Key Personnel	(c) 10% Resources	(c) 60% Price	Total Score	Ranking
Perfect Landscapes	20	8	8.5	30	66.5	1

The matrix referenced the terms and assessment criteria of the RFT document. In particular are the criteria for experience and resources to deliver mowing and maintenance services to the Shire’s specified standard. The Tender received was deemed to be conforming, within scope and overall of an acceptable standard.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 detail the Tender requirements for Local Government procurement of goods or services.

Policy / Strategic Implications:

Council’s Corporate Tendering Policy 2.3.6.

Organisational risk management:

There is a high likelihood of minor consequence to the Shire if fixed rates for mowing and maintenance of sports fields in the town of Manjimup is not secured.

Financial Implications:

The contract for mowing and maintenance of sports fields in the Manjimup conforms to the Council approved Budget for 2017/18.

Sustainability:

Environmental: Compliant maintenance of Manjimup’s sports fields

Economic: Fixed rates for maintenance of Manjimup’s sports fields allows for appropriate forecasting of expenditure.

Social: Well-maintained Manjimup’s sports fields provides a safe and functioning formal sports environment assisting with social cohesion.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Tender RFT 05/17, Mowing and Maintenance in the Town of Manjimup to Perfect Landscapes for a price of $136,950 (ex GST) for the term of the three year contract, in accordance with the Tender document and their response.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Herbert, V

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CARRIED: 10/0

10. LATE REPORTS: Nil

11. QUESTIONS FROM MEMBERS:

11.1 Response to questions from members taken on notice: Nil

11.2 Questions from members: Nil

12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: Nil

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

14. MEETING CLOSED TO THE PUBLIC:

14.1 Matters for which the meeting may be closed.

Voting Requirements: Simple Majority

Officer Recommendation:

Moved: Daubney, L Seconded: Tapley, D

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That Council goes behind closed doors to consider:

Item 14.1.1 as under Section 5.23(2) (e) it deals with a matter that if disclosed, would reveal (i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial affairs of a person, where the trade secret or information is held by, or is about, a person other than the local government.

CARRIED: 10/0

14.1.1 Proposed Termination of Lease - Top Notch Cafe

PROPONENT	Portsilk Holdings Pty Ltd
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Reserve 26199, Lot 628 Edwards St, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Business
FILE REFERENCE:	F160782
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	21 November 2017
DECLARATION OF INTEREST:	Nil

Moved: Daubney, L Seconded: Herbert, V

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That Council come from behind closed doors.

CARRIED: 10/0

14.2 Public reading of resolutions that may be made public.

RESOLUTION WAS READ OUT

That Council

1. Terminate, by mutual consent, the lease to Portsilk Holdings Pty Ltd as Trustee for The Zanik Investment Trust for the café on Reserve 26199, with the termination date and removal of fixtures, fittings, plant and equipment to be authorised by the Chief Executive Officer;

2. Authorise the Chief Executive Officer to establish arrangements with local food vendors to provide a service to the park until the new café is operational; and

3. Authorise the Chief Executive Officer to enter negotiations with suitable community groups to determine their interest in relocating to the existing café building.

15. APPLICATIONS FOR LEAVE OF ABSENCE:

16. CLOSURE:

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 6.13pm.

SIGNED:…………………………………….DATE: …………………………

Paul Omodei

Shire President