Minutes of Ordinary Council

· Councillors Ventris, Eiby and I attended the Targa South West Rally which was a great success. I made a presentation for the 10^th anniversary on behalf of the Shire of Manjimup.

· Another successful Unearthed Festival was held in Pemberton and came to a close the weekend before last.

· The State Timber Museum received an award from Museums and Galleries National Awards for Permanent Exhibition or Gallery fitout.

· I met with the Minister for Local Government discussions included the Bohlgunup Hut.

· I visited the Murchison as part of Local Government Grants Commission.

· Along with the Chief Executive Officer, I attended the South West Local Government Association meeting in Dardanup.

· I attended a Local Government Insurance Service Meeting.

· I attended the launch of Neighbourhood House Week including the opening of the Meeting Place opened by the Honourable Adele Farina.

· I attended a successful function at the Roundhouse celebrating National Volunteers Week.

· Glen Kelly, a former local, has been nominated for Australian of the Year.

· I met with the local Biosecurity Group.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr L Daubney

Cr W Eiby

Cr D Jenkins

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

Catrin Iversen

Mana Seidel

Harper MacDonald

Jamon MacDonald

David MacDonald

Deborah Sillaots

Natasha Cronin

Mary Nixon

Jamie Jones

Linh Huynh

Media

Tari Jefffers

3.1 Apologies:

Councillor Jayde Salomone is an apology for this meeting.

3.2 Leave Of Absence:

Councillors Kim Skoss and Verrell Herbert have previously been granted a leave absence for this meeting.

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received Proximity declarations from Councillor Eiby for Item 9.5.2 and Councillor Jenkins for Item 9.1.1.

Councillor Eiby declared a Proximity Interest in Item 9.5.2 as she is the Manager of the Northcliffe Visitor Centre adjacent to the carpark referred to in this item.

Councillor Jenkins declared a Proximity Interest in Item 9.1.1 as she is a part owner of a property at 4 Finch Street, Manjimup, adjacent to the pool.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Mary Nixon – 9.1.2 Adoption of Proposed Shire of Manjimup Parking Local Law 2018

· There is a need for freeing up parking in the CBD and providing clearly signed areas for long vehicle parking.

· I don’t believe Manjimup requires timed parking at this stage and believe it would have a negative impact on the shopping precinct.

· Manjimup is attracting visitors from Mandurah, Bunbury, Albany, Kojonup to name a few and all of them are very impressed with the way the town is looking and how lovely it is.

· It is vitally important that the Shire support the bricks and mortar retail sector and encourage people to spend time on foot, going from shop to stop enjoying the cafes and dining experiences on offer without worrying about shifting their cars.

· A two hour parking limit is not a great way to experience what Manjimup businesses have to offer.

· To save the Shire having so support an employee to manage the parking I suggest the Shire:

1. Erect signage for long vehicle parking;

2. Erect signage for an all-day parking area;

3. Erect signage designating a shopper parking area in-lieu of the 2 hour parking limit.

4. Send a letter to all business owners and their staff advising them that the Council has adopted the Parking Plan and that they must not park in shopper parking areas and that they park at the back of their businesses or in the all-day parking areas.

· I don’t believe it’s in the interest of the community to drive away customers for sake of an inconsiderate few.

The Chief Executive Officer responded: The two hour parking won’t apply to the entire CBD it’ll be to specific areas within the CBD. The other parking will remain unchanged. What we are finding as a Local Government in particular is that often it is the shopkeepers that are causing us the most grief by parking immediately in front of the neighbouring shop. We are putting measures in place, particularly in Brockman Street, but it certainly won’t cover the entire CBD precinct as a two hour parking limit. It is not a fines grab, it is an education campaign to assist the local shopkeepers to allow easier access to their premises so they can rotate and turn their customers over.

The Shire President responded: You can rest assured that Councillors are across this issue and conscious of the communities concerns.

6. PRESENTATIONS:

6.1 Petitions: Nil

6.2 Presentations

6.2.1 Director Community Services, Gail Ipsen Cutts presented Council with an Award from Museums and Galleries National Awards for Permanent Exhibition or Gallery fitout, Level 3: Project Budget $150,000 - $500,000 for 2019.

6.2.2 A Citizenship ceremony was held for Ms Catrin Maria Iversen. The Shire President congratulated Ms Iverson on behalf of Councillors and Staff.

6.3 Deputations: Nil

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Eiby, W Seconded: Daubney, L

27801

That the Minutes of the Ordinary Meeting of the Council held on 2 May 2019 be confirmed.

CARRIED: 8/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Tapley, D

27802

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 95 of the Agenda with the exception of:

CARRIED: 8/0

9.1.1	Adoption of Proposed Manjimup Olympic Swimming Pool Repeal Local Law 2019
9.1.2	Adoption of Proposed Shire of Manjimup Parking Local Law 2018
9.1.4	Review of Councillor Attendance Fees, Allowances and Expenses for 2019/20
9.3.1	Proposed Quinninup Dam Licence from Water Corporation to Shire of Manjimup
9.3.7	Proposed Budget Review Adjustments - March 2019
9.5.2	Overnight Parking Area for Self-Contained Recreational Vehicles - Northcliffe Townsite
9.5.5	Proposed Advertisements at Lot 809 (88) Giblett Street, Manjimup
9.16.2	Unconfirmed Minutes - Walpole Town Centre Revitalisation Committee Meeting - 16 April 2019

Items passed by En Bloc Resolution

9.1.3 Proposed Vesting of Portion Reserve 20337 (Warren Health Service Site) to the Shire of Manjimup for the Purpose of a High Dependency Aged Care Facility

9.2.1 Quarterly Report January - March 2019 Business

9.3.2 Proposed Windy Harbour Lease - Site 281

9.3.3 Council Financial Payments January 2019

9.3.4 Council Financial Payments February 2019

9.3.5 Council Financial Payments March 2019

9.3.6 Monthly Financial Activity Statement - March 2019

9.5.1 Proposed Revision to Local Planning Policy 6.1.3 - Domestic Outbuildings

9.5.3 Retrospective Application for Change of Use (Ancillary Accommodation to Holiday House) at Lot 71 (49) Williams Court, Palgarup

9.5.4 Review of the Aboriginal Heritage Act 1972

9.5.6 Delegated Planning Decisions April 2019

9.9.1 Request to Adopt Closed Circuit Television Policy

9.13.1 Quarterly Report January to March 2019 - Works and Service Directorate

9.16.1 Unconfirmed Minutes of the Bush Fire Advisory Committee meeting held on 17 April 2019

9.16.3 Unconfirmed Minutes of the Plant Replacement Committee Meeting, 1 May 2019

9.16.4 Unconfirmed Minutes of the Road Infrastructure Advisory Committee Meeting, 1 May 2019

ATTACHMENT

9.1.3 Proposed Vesting of Portion Reserve 20337 (Warren Health Service Site) to the Shire of Manjimup for the Purpose of a High Dependency Aged Care Facility

PROPONENT	Shire of Manjimup / Baptistcare
OWNER	State of Western Australia
LOCATION / ADDRESS:	16 Hospital Avenue, Manjimup
WARD:	Central
ZONE:	Public Purpose (Hospital)
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F190037
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	9/05/2019
DECLARATION OF INTEREST:	Nil

Background:

In August 2018 the new Warren Health Service was opened to replace the Warren District Hospital which had been demolished. The location of the Warren Health Service was to the immediate west of the Warren District Hospital site on Reserve 20337, with some of the car parking for the new facility occupying space that previously contained buildings that formed part of the old facility. Reserve 20337 is vested by a Management Order with a purpose of “Hospital and Allied Purposes” in favour of the Western Australian Country Health Service (WACHS).

In December 2017 the Shire of Manjimup (Shire) Chief Executive Officer had an introductory meeting with the Chief Executive Officer of Baptistcare, Mr Russell Bricknell who operates the high dependency aged care facility “Moonya” in Manjimup. During the meeting it became apparent that the Moonya facilities were quickly reaching end of asset life and that Baptistcare were looking to explore options for building a replacement in Manjimup. In addition the lease between the Shire and Baptistcare for the Moonya facility is due to expire on 30 June 2021.

It is a fair recount that the demolition of the Warren District Hospital was a controversial topic in the local community with quite polarised views on whether it should be demolished or retained and repurposed. Several conversations were held between the Shire of Manjimup, WACHS, State and Federal elected members, and other relevant stakeholders that ultimately resulted in there being no interest expressed from any provider (including Baptistcare) to retain and repurpose any part of the Warren District Hospital for an appropriate use and subsequently it was demolished.

With the outcome of demolition inevitable, the Shire connected the issues facing Baptistcare of the need to replace Moonya with a new 80 bed high dependency aged care facility and the soon to be vacant parcel of land arising from the demolition of the Warren District Hospital. Engagement with Baptistcare on a prospective new site drew significant interest to the point where the Shire commenced formal dialogue and actions with WACHS, Department of Planning, Lands and Heritage, and Baptistcare in an endeavour to facilitate a highly desirable community outcome.

As a result of negotiations, a 2.0144 hectare parcel of land has been identified, bordering the most eastern boundary of Reserve 20337 and abutting Hospital Avenue, to be excised from the overall 9.0898 hectare parcel of land currently comprising Reserve 20337. A site plan demarcating the proposed boundaries of the land excision is attached.

ATTACHMENT: 9.1.3(1)

As the organisation attempting to facilitate this outcome, the Shire initially had a primary advocacy role in a land exchange process that would potentially see the State involved with a direct land arrangement with Baptistcare. As the process has moved forward, it has become clear that the State is likely to be more comfortable with the land vested via a Management Order in favour of the Shire of Manjimup with the power to lease to a third party to provide a high dependency aged care facility. The purpose of this report is for Council to consider taking on the Management Order for the proposed land excision of Reserve 20337.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

It is considered by relevant State agencies that the local government is best placed to receive a land vesting with a Management Order for a high dependency aged care facility with the power to lease to a third party organisation such as Baptistcare. This approach, other than the Management Order purpose, is the same as what currently exists for the existing Moonya site. The Management Order (vested with the Shire) purpose for the land containing the Moonya site is for “Aged Persons Homes” and the reason for this is it also accommodates Dunreath Cottages. The proposed Management Order purpose for the land excision for a high dependency aged care facility could be “High Dependency Aged Persons Accommodation” or similar to ensure that a high dependency aged care facility is built on the site.

The disposal of property under the Local Government Act 1995 also requires some consideration. As discussions have been with Baptistcare and the proposal is intended to replace the existing high dependency aged care facility Moonya, it was never intended to go to open market calling for proposals. As Baptistcare are considered a charitable (Baptistcare Inc. are listed on the Australian Charitable Register) and/or a benevolent organisation, r.30(2)(b) of the Local Government (Functions and General) Regulations 1996 considers the land disposition exempt from the requirements of s.3.58 of the Local Government Act 1995. On this basis the Shire is able to directly lease the land to Baptistcare once a Management Order is in place.

To ensure the greatest chance of providing high dependency aged care facility replacement for Moonya, it is recommended that Council agree to take on a Management Order for land excised from Reserve 20337 and negotiate a suitable lease with Baptistcare to provide a facility to replace Moonya.

STATUTORY ENVIRONMENT:

The Shire is established under the requirements of the Local Government Act 1995 and has the ability to acquire land of different tenures for different purposes.

Policy / Strategic Implications:

High dependency aged care is critical to the functioning of communities such as Manjimup. The ability for people to age in place does not fragment families and encourages population retention in regional areas.

Organisational risk management:

There are no identifiable risks to the organisation arising from this proposal.

Financial Implications:

It is expected that the Shire will be required to fund the cost of survey and other associated administrative costs expected to be in the order of $4,000 (ex GST). It is intended to fund these costs through existing operational budgets in 2018/19 or the proposed budget for 2019/20 depending on the timing of the land excision. There is unlikely to be any other significant ongoing operational costs associated with the proposal.

Sustainability:

Environmental: The proposed site is predominantly cleared, relatively flat and has access to reticulated sewerage, water, stormwater and electricity options within reasonable proximity.

Economic: An investment in a new 80 bed high dependency aged facility will result in significant economic inputs and jobs in the construction phase plus significant economic inputs, ongoing job retention and potential job growth during the operational phase of the proposal.

Social: The ability to age in place is significant for the sustainability of local communities and the wellbeing of the individual.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Agree to take on the vesting of a Management Order for 2.0144 hectares of land excised from Reserve 20337, with the purpose of “High Dependency Aged Persons Accommodation” or similar, and the power to lease for a period of 42 years (representing the useable life of the proposed buildings) in order to facilitate a high dependency aged care facility; and

2. Commence negotiations of a lease with Baptistcare to replace the existing high dependency aged care facility Moonya, to take effect once the Management Order identified in point 1. above has been implemented.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27803

That Council:

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.3.4 Council Financial Payments February 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	7 May 2019
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 $2,116,961.87 for the month of February 2019 are itemised in the attachment and in the Corporate Card statement listed below.

ATTACHMENT: 9.3.4(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 23 May 2019.

Fund	Vouchers	Amount
Municipal	91755 - 91797	$152,848.54
Trust Fund	3144 - 3145	$83,676.74
Total Cheques for Month of February 2019		$236,525.28

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 23 May 2019.

Fund	Batch	Amount
Municipal	463 – 470	$1,873,719.16
Total EFT for Month of February 2019		$1,873,719.16

Corporate Credit Card February 2019 – Municipal Account

20221.812.57	Coles Australia day purchase – Cleaning cloth		$4.00
20221.812.57	Slimline Warehouse 1x Portable Lectern		$309.76
712.1605.7124.57	Winc Australia GoJo Soap Dispenser refills 1x carton		$124.00
20221.197.57	Coles Snacks Community Forums SC Staff/Public		$33.85
20049.197.57	SQ *Southern Roasting SMT meeting breakfast ST:6		$84.50
20219.198.52	Ascot Quays Accommodation 3x nights & meals – MOSAIC training Recreation Support Officer		$705.77
20221.197.58	SQ *Southern Roasting 3x Beverages TPR Project team SWEE meeting		$15.00
20219.29.52	Qantas Airways Return Flight to Alice Springs – Museum Conference		$604.10
20148.198.52	PayPal *Kineo Assist Clients with medication courses x2		$100.00
20276.7.58	Card Fee DCS		$18.25
20047.29.52	Isle of Voyage Meal for CEO – Company Directors course		$38.00
20047.29.52	Spotto WA Taxi Fare CEO – Company Directors course		$15.23
20047.29.52	Taxi Epay Australia Taxi Fare CEO – Company Directors course		$20.79
20047.29.52	GM Cabs Pty Ltd Taxi Fare CEO – Company Directors course		$12.60
20047.29.52 20049.197.57	Pan Pacific Perth Accommodation 7 nights, Meals & Parking CEO – Company Directors course		$488.82
20049.197.57	Coles 2x 10ltr Bottled water for Events		$8.00
86.4999.6405.57	Adobe Creative Cloud Creative Cloud Suite CS7 Subscription for PRO to design documents		$74.76
20276.7.58	Card Fee CEO		$18.25
20262.196.57	IPWEA 2x Resource Books – Parks & Gardens		$314.00
20262.197.58	OFWKS Online 1x Sit-Stand Desk – Tech Officer		$378.95
ME95.4.57	Richmond Wheel & Caste Clayton 2x Wheels for Workshop Cleaner		$163.46
150.9569.3240.57	DWER – Water Tree Clearing Permit – 16 Swan St Walpole		$50.00
87.4999.6405.57	Sushi Sushi Franchiqps Lunch – WADE Executive meeting		$10.30
20276.7.58	Card Fee DWS		$18.25
20245.198.52	AIBS Registration for A53959 Training – MBS		$300.00
1010WA4.2.57	Caltex North Yunderup 60.57ltrs unleaded for 1010WA		$69.59
20173.71.58	Novotel Langley 1x Night Accommodation SAT Meeting DDR		$175.00
20173.71.58	CPP His Majestys Perth Parking – SAT Meeting DDR		$18.17
1010WA4.2.57	Coles Express Canning Vale 64.19ltrs unleaded 1010WA		$89.16
20173.71.58	Novotel Langley Parking - SAT Meeting DDR		$25.00
1010WA4.2.57	Pemberton Garage 62.13ltrs unleaded 1010WA		$85.74
20276.7.58	Card Fee DDR		$18.25
87.4999.7334.50	SurveyMonkey Online Subscription Renewal Survey Software		$333.72
99999.908.99	Westnet Internet Services 1/2/19 – 1/3/19		$399.79
20027.29.52	Local Government Managers Registration LG Professional Finance Conference CF&AS		$1,390.00
20511.1030.57	Nutricia AMN Fortisip Powder – Client		$184.12
20276.7.58	Card Fee DB		$18.25
Total Credit Card Payments			$6,717.43
Total Payments for the month February 2019		$2,116,961.87

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 February 2019 totalling $2,116,961.87 as detailed in Corporate Card Statement and Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27807

That Council receive the accounts paid during February 2019 totalling $2,116,961.87 as detailed in Corporate Card Statement and Attachment: 9.3.4(1).

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.3.5 Council Financial Payments March 2019

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	Whole of Shire
DIRECTORATE:	Business
FILE REFERENCE:	F160967
LEGISLATION:	Local Government (Financial Management) Regulations 1996
AUTHOR:	Kaylee Blee
DATE OF REPORT:	9 May 2019
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 $2,733,461.99 for the month of March 2019 are itemised in the attachment and in the Corporate Card statement listed below.

ATTACHMENT: 9.3.5(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 23 May 2019.

Fund	Vouchers	Amount
Municipal	91798 - 91861	$210,571.91
Trust Fund	3146 - 3147	$250.00
Total Cheques for Month of March 2019		$210,821.91

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 23 May 2019.

Fund	Batch	Amount
Municipal	471 – 480	$2,516,498.89
Total EFT for Month of March 2019		$2,516,498.89

Corporate Credit Card March 2019 – Municipal Account

99999.908.99	Westnet Internet Services 1/3/19 – 1/4/19		$399.79
20031.198.52 20027.29.52	Crown Junction Grill Meals DB & CFAS – Finance Conference		$79.95
20031.198.52	Crown Promenade Perth 3x Accommodation CFAS – Finance Conference/Budget Workshop		$713.46
20027.29.52	Crown Promenade Perth 3x Accommodation DB – Finance Conference/Budget Workshop		$713.46
20031.198.52 20027.27.52	Crown The Merrywell Meals DB & CFAS – Finance Conference		$55.00
20221.197.57	Coles Biscuits – Community Meeting		$7.05
20049.197.57	SQ *Southern Roasting SMT meeting breakfast ST:6		$88.50
20221.812.57	Bunnings Greenfields Replace damaged gazebo canopy from Australia Day		$155.00
20387.279.57	Curtin University Act/Belong/Commit Merchandise		$23.00
20215.957.57	Ikea 8x Chairs & 2x Tables for Children		$248.98
20390.198.52	EB *Youth Mental Health Registration - Youth mental first aid course MHCC		$174.34
150.9571.3240.57	Lightinthebox.com 1x Magnifying sheet with LED lighting		$31.26
20245.198.52	Australian Institute Building Services Registration AIBS training - MBS		$300.00
20245.198.52	Karrimore Pty Ltd 1x Accommodation MBS Training & $100.00 Key Deposit		$230.00
20410.198.52	Keen Boys Transport HR Licence Course – Tim Clifford		$645.00
20047.81.52	Town of Cambridge Parking CEO – WALGA ED Forum		$7.90
20047.81.52	Pan Pacific Perth 1x Accommodation, Meal & Parking CEO – WALGA ED Forum		$361.94
86.4999.6405.57	Novotel Langley 3x Accommodation, Meal & Parking PRO – Social Media Conference		$801.79
20049.71.58	Department of Fire & ES FOI Application – Bushfire Centre for Excellence		$30.00
20049.197.57	Top Deck Café CEO & South Ward Councillor meeting lunch		$58.50
87.4999.2283.57	SP * USCAPE Gift – H. Blechynden departure		$200.00
87.4999.7342.57	Paypal *Factorydire 500x “Values” Booklets		$741.51
86.4999.6405.57	Adobe Creative Cloud Creative Cloud CS7 suite for PRO to Design Documents		$74.76
Total Credit Card Payments			$6,141.19
Total Payments for the month March 2019		$2,733,461.99

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 March 2019 totalling $2,733,461.99 as detailed in Corporate Card Statement and Attachment: 9.3.5(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27808

That Council receive the accounts paid during March 2019 totalling $2,733,461.99 as detailed in Corporate Card Statement and Attachment: 9.3.5(1).

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

APPENDIX

9.5.1 Proposed Revision to Local Planning Policy 6.1.3 - Domestic Outbuildings

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	Various
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F180217
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	8/05/2019
DECLARATION OF INTEREST:	Nil

Background:

In 2016, the planning policy manual was reviewed and revised policies adopted (Resolution 26877). The review and revision of Local Planning Policy 6.1.3 Domestic Outbuildings (the Policy) consisted of an update to remove definitions and other matters addressed by Local Planning Scheme No. 4 (the Scheme) and State Planning Policy 3.1 – Residential Design Codes (R-Codes).

No changes to the specifications and requirements occurred at that review. A copy of the current Policy as adopted by Council is appended.

APPENDIX: 9.5.1(A)

Policies adopted by Council are generally reviewed every four years to ensure that the Policy remains relevant and in-line with current standards of practice. A further review of the policy has been completed identifying several areas with the potential for improvement. Details regarding the proposed changes are outlined within the comment section below.

Council is requested to consider approving draft revised Local Planning Policy 6.1.3 – Outbuildings (draft revised Policy) for the purpose of public consultation and referral to the Western Australian Planning Commission (WAPC). Whilst the proposed policy modifications are detailed within the comment section below, a copy of the draft revised policy is shown attached.

ATTACHMENT: 9.5.1(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Local Planning Policies are guidelines used to inform applicants and the Shire in making decisions under the Scheme. In accordance with Clause 2.2 of the Scheme, a local government may prepare a Local Planning Policy in respect of any matter relating to the planning and development of the Scheme.

As noted within Clause 2.3 of the Scheme, a Policy may not be used to vary a requirement of the Scheme or the WAPC’s R-Codes. This particular policy is prepared under Part 7 of the R-Codes and will require the approval of the WAPC prior to the revision being operational.

A detailed review of Local Planning Policy 6.1.3 – Domestic Outbuildings has identified the following issues that are proposed to be addressed by the amended draft policy provisions:

Policy name

Clause 5.12.8 of the Scheme refers to a policy titled Local Planning Policy – Outbuildings, to remove confusion the draft revised policy title removes the word domestic from the title.

Deemed to comply provisions (Residential/Town centre)

The provisions of the current policy state that an outbuilding can either not exceed 60m² or be up to 10 percent of the site area. In accordance with this provision an outbuilding size is based on the size of the property rather than the amenity of the zone.

This provision is proposed to be revised to cap the size of an outbuilding in a Residential or Town Centre zone that may be approved under delegated authority. A maximum of 200m² is recommended to maximum to reflect typical larger lot sizes of up to 2,000m².

The preferred location provision has been revised to confirm that outbuildings should be located behind the dwelling/building or constructed in similar colours and materials.

An additional provision has been included to clarify when applications will require referral to adjoining/adjacent landowners for comment on variations to policy standards.

Deemed to comply provisions (Rural Residential)

The provisions of the current policy state that outbuildings should not exceed 200m² in area and have a wall height of 3.6m. It is proposed that these standards be increased (300m² and 4m respectively) to align with similar standards set by other local governments.

The preferred location provision has been revised to confirm that outbuildings should be located behind the dwelling/building and to achieve a minimum three metre setback to allow for firebreaks.

An additional provision has been included to clarify when applications will require referral to adjoining/adjacent landowners for comment on variations to policy standards.

Shipping containers

The provisions relating to shipping containers have been revised to provide guidance for the temporary storage of shipping containers during relocation of personal effects or for use as storage during a dwelling construction.

Outbuildings and Shipping containers on vacant land

The Shire receives a number of applications for outbuildings and shipping containers on vacant land. Majority of these are lodged prior to consideration of a dwelling design to store equipment or personal effects prior to engaging a builder. Unfortunately, in some instances landowners have had no intention to build a dwelling, resulting in the underdevelopment of the land and a lack of community development in the locality.

In order to achieve a higher level of amenity, the draft revised policy will:

· initially discourage the construction of outbuilding and/or shipping containers on vacant land;

· require the landowner to provide a concept site plan of a future dwelling on application for approval; and

· provide a model condition for the landowner to be legally required (via a legal agreement) to provide a dwelling within two years or otherwise agreed to by the local government.

Endorsement of the draft revised Policy is recommended in order that the Policy may be advertised for public comment and referred to the WAPC over a minimum period of 21 days, in accordance with clause 2.4 of the Scheme. A further report will be prepared for Council consideration following the close of advertising, requesting Council to consider adopting the policy in light of any submissions that may be received.

STATUTORY ENVIRONMENT:

Shire of Manjimup’s Local Planning Scheme No. 4

Policy / Strategic Implications:

The draft revised policy will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2017-2027:

E4. Develop policy established from well-researched and evidence-based data.

E7. Keep the community well informed about Shire activities and provide genuine opportunities for the community to participate in decision making.

Organisational risk management:

Nil

Financial Implications:

The costs of advertising will be met through Statutory Planning’s operational budget.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Approvals for large size residential outbuildings are often sought to facilitate landowners storage to cater for maintenance, machinery, caravans, boats or other hobbies. Guidelines are required to minimise inconsistencies and limit those applications that must be referred to neighbours for comment and/or Council determination.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of Local Planning Scheme No. 4, advertise the draft Local Planning Policy No. 6.1.3 – Outbuildings, as contained in Attachment: 9.5.1(1), for public comment for a period of not less than 21 days, by way of a notice in a newspaper circulating in the Scheme area and the Shire of Manjimup website;

2. Refer draft Local Planning Policy No. 6.1.3 – Outbuildings, as contained in Attachment: 9.5.1(1) to the Western Australian Planning Commission for comment for a period of not less than 21 days; and

3. Await a further report on the draft Local Planning Policy No. 6.1.3 – Outbuildings following close of advertising.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27810

That Council:

3. Await a further report on the draft Local Planning Policy No. 6.1.3 – Outbuildings following close of advertising.

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.5.3 Retrospective Application for Change of Use (Ancillary Accommodation to Holiday House) at Lot 71 (49) Williams Court, Palgarup

PROPONENT	A & M Lynch
OWNER	A & M Lynch
LOCATION / ADDRESS:	Lot 71 (49) Williams Court, Palgarup
WARD:	North
ZONE:	Rural Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/48 P57042
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	24/04/2019
DECLARATION OF INTEREST:	Nil

Background:

Lot 71 is a 2.16 hectare property situated on Williams Court in Palgarup. The property consists of an outbuilding of 135m² of which 66m² was retrospectively approved for a dwelling, a second outbuilding of 72m² and a dwelling of 168m².

The property owners sought and obtained Council approval for a Doggy Day Care in 2016, which has since ceased. Retrospective Council approval was previously granted for a single dwelling and ancillary accommodation (within an outbuilding) in 2017. A location plan is shown below.

LOCATION PLAN

It has come to the attention of the Shire that the ancillary accommodation was being offered as holiday accommodation for short-term rental via a routine search of internet booking sites. Retrospective approval is now sought to convert the ancillary accommodation to Holiday Accommodation – Holiday House. A copy of the submitted application is shown attached.

ATTACHMENT: 9.5.3(1)

Details of the application include:

· The application is proposing the number of guests to be a maximum of four (4) persons;

· The owner lives on the property and is the nominated manager;

· Key collection will be from the property owner;

· The cleaning and servicing of the property will be undertaken by the owner/manager;

· General maintenance of the property will be undertaken by the owner/manager;

· Rubbish will be removed from the property via the Shire collection;

· Parking is available for two cars in front of the Holiday House;

· Bookings for the Holiday House will be through internet booking sites; and

· The applicant has not supplied a copy of their current Public Liability Insurance Certificate.

The application is referred to Council for determination given the retrospective nature of the application.

PUBLIC Consultation Undertaken:

The application was advertised in accordance with Clause 9.6 of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) for a 21 day period to all adjoining landowners, the Ward Councillor and Tourism WA with submissions closing 19 April 2019. A sign was placed on the subject property.

No submissions were received during the comment period.

COMMENT (Includes Options):

In determining an application for planning approval, Clause 10.2 of the Shire’s Local Planning Scheme No 4 (the Scheme) requires that various matters are taken into account, 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 government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4.”

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

The provisions of the Scheme include the subject land within the Rural Residential zone. As outlined in Clause 4.6.1 of the Scheme, the purpose of the Rural Residential zone is to provide for low density housing in a rural setting.

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

Land Use Classification

The proposed use is consistent with the land use classification of Holiday Accommodation – Holiday House, being a dwelling together with its associated outbuildings “used whether or not for commercial gain or reward, for unsupervised, short-stay tourist accommodation purposes excluding people that are members of the owner’s family but including all people where the owner is a company.”

Land Use Permissibility

A Holiday House is an ‘A’ use within the Rural Residential zone that is a use that is “not permitted unless the local government has exercised its discretion by granting approval after special notice in accordance with Clause 9.6.”

Consistency with Zoning

The Holiday House is considered to meet the objectives of the zone as it is maintaining the low density residential development within a rural setting. The Holiday House is not expected to have any impact on the amenity of the surrounding area. The change of land use will not prejudice the ability of the development to operate as an ancillary dwelling in the future.

Compliance with the Holiday Houses Policy

Details supplied in support of the application confirm the proposed use will be managed in accordance with the Policy requirements. The applicant has however not provided a copy of the Public Liability Insurance for their property. It is recommended that the applicant be required to provide a copy of their insurance arrangements as a condition of approval.

Signage has not been proposed for the Holiday House within this application, any signage beyond what is allowed by the Scheme will require the further approval of the Shire of Manjimup. It is recommended that advice to this effect be included on any approval granted by Council.

The above arrangements will ensure that operation of the proposed Holiday House will comply with the requirements of Local Planning Policy and Scheme requirements.

Health (Miscellaneous Provisions) Act, 1911

The proposed use will be required to operate in compliance with all relevant requirements of the Health (Miscellaneous Provisions) Act, 1911. It is recommended that an advice note be included on any approval granted by Council to reflect this.

Guest Register

The applicant is required to maintain a guest register of all guests and this is to be made available to an authorised officer from the Shire of Manjimup on request. This will be included as a development condition in the event Council determines to approve the application.

Additional non-compliance

During a site inspection by Shire officers, it was observed that a shipping container was being stored on the property without approval. As the landowner was not available for a discussion on the matter, it will be recommended that the landowner be advised to remove the shipping container or to seek a retrospective approval for the long term storage of the shipping container.

Conclusion

The Holiday Accommodation- Holiday House at Lot 71 (49) Williams Court, Palgarup conforms to the provisions of the Shire of Manjimup Local Planning Scheme No. 4 and is compliant with Local Planning Policy 6.1.5 – Holiday Houses.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

Nil.

Financial Implications:

The required retrospective application fee has been paid by the applicant.

Sustainability:

Environmental: Nil.

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

Social: As no objections to the proposal have been received concerning the proposal, it is considered that there will be no negative social impacts.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 8.6 of Shire of Manjimup Local Planning Scheme No.4 grants retrospective development approval for a Change of Use from an Ancillary Accommodation to Holiday House at Lot 71 (49) Williams Court, Palgarup in accordance with the submitted plans as attached at 9.5.3(1), and subject to the following conditions:

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

2. The Holiday House hereby approved is limited to a maximum of four (4) persons who are known to each other at any one time to the satisfaction of the Shire of Manjimup;

3. The Holiday House is not to be occupied by a person for more than three (3) months within any twelve (12) month period;

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

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

6. A minimum of two (2) car parking spaces are to be provided onsite for the use of users of the Holiday House; and

7. Unless otherwise approved by Council, signage associated with the activity hereby approved shall be restricted to a single advertisement not exceeding 0.2m², which is to be located on the property.

Advice Notes:

a) The applicant is advised that the development will be required to meet all relevant provisions of the Health Act 1911, Building Act 2011 and National Construction Codes

b) The applicant is advised to liaise with the Shire of Manjimup to assist with the provision of directional signage, if required.

c) With regards to Condition 3, the manager/operator is to maintain a register of guests and the duration of their occupation to the satisfaction of the Shire of Manjimup, and the register shall be made available for perusal by the Shire of Manjimup on demand.

d) The applicant is advised that a shipping container on a Rural Residential property requires prior planning approval from the Shire of Manjimup. The shipping container will either be required to be removed from the property or retrospective approval will need to be applied for.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27811

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

2. The Holiday House hereby approved is limited to a maximum of four (4) persons who are known to each other at any one time to the satisfaction of the Shire of Manjimup;

3. The Holiday House is not to be occupied by a person for more than three (3) months within any twelve (12) month period;

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

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

6. A minimum of two (2) car parking spaces are to be provided onsite for the use of users of the Holiday House; and

Advice Notes:

a) The applicant is advised that the development will be required to meet all relevant provisions of the Health Act 1911, Building Act 2011 and National Construction Codes

b) The applicant is advised to liaise with the Shire of Manjimup to assist with the provision of directional signage, if required.

ADOPTED BY EN BLOC RESOLUTION: 8/0

ATTACHMENT

9.5.4 Review of the Aboriginal Heritage Act 1972

PROPONENT	Minister for Aboriginal Affairs
OWNER	N/A
LOCATION / ADDRESS:	All of Shire
WARD:	All of Shire
ZONE:	Various
DIRECTORATE:	Statutory Planning
FILE REFERENCE:	F160613
LEGISLATION:	Aboriginal Heritage Act 1972
AUTHOR:	Ann Bentley
DATE OF REPORT:	10 May 2019
DECLARATION OF INTEREST:	Nil

Background:

The State Minister for Aboriginal Affairs commissioned a review of the Aboriginal Heritage Act 1972 (the Act) in March 2018. The purpose of the review is to modernise Aboriginal heritage legislation, to make it more culturally appropriate and equitable for Aboriginal people, and more efficient for industry.

The review of the Act is now in the second of three consultation phases. Feedback from stakeholders is sought on the current proposals outlined in the March 2019 Consultation Paper attached. The third phase of public consultation will commence with the release of a draft Exposure Bill (Green Bill) that will be developed in response to feedback from the second consultation phase. Responses are due by the 31 May 2019.

ATTACHMENT: 9.5.4(1)

A summary of the proposals is attached.

ATTACHMENT: 9.5.4(2)

An assessment of the proposals has been completed by Shire Officers and it is recommended that a response be prepared in respect of specific proposals within the review that may impact on Shire operations. Council is now requested to consider these impacts and endorse the lodgement of a submission.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Act protects all Aboriginal heritage sites and objects in Western Australia, whether or not they are registered. The Department of Lands and Heritage (DPLH) administers the Act. The Aboriginal Heritage Inquiry System is a mapping tool that can show registered sites, other heritage sites and what areas have previously been surveyed. Some known sites may not appear on the mapping tool if the report is still pending, the site does not fit the criteria or the traditional owner has chosen not to disclose the knowledge. Under section 15 of the Act the reporting of a site is compulsory.

Currently, land users are encouraged to complete a self-assessment prior to works to assess their risk and to protect Aboriginal heritage. For example, the creation of a new access way in a pristine landscape can be considered high risk, where a new access way in a built up area is considered low risk. The possibility of a landscape containing Aboriginal sites can also depend on the presence of landforms that are indicators of Aboriginal traditional activity such as:

· Rock outcrops, rock shelters, caves and alluvial terraces;

· Foreshores and coastal dunes;

· Ranges, hills and mound formations;

· Natural wetlands, waterholes, gnamma holes, rivers, creeks, streams and swamps

· Areas with potential archaeological deposits.

The March 2019 Consultation Paper outlines how the new legislation will further protect Aboriginal heritage through nine proposals. Each proposal has a desired outcome and feedback is sought as to if the proposal will achieve the desired outcomes, what changes would one make and why. Shire Officers are of the opinion that the proposals listed adequately achieve the desired outcomes and no changes are required.

As shown at Attachment: 9.5.4(2), the proposals by the State relate to administration of the Act and establishment of an Aboriginal Heritage Council. Whilst the majority of these proposals will not impact on day to day operations of the Shire, several of the proposals are likely to have implications for the Shire of Manjimup’s Planning Approval process and Strategies.

It is recommended that Council make comment on those recommendations that may have implications for the Shire, as outlined below:

Proposal 2

The extension in scope of Aboriginal sites to include cultural landscapes and place-based intangible heritage, may mean that new sites would be added to the Shire of Manjimup register and could impact on current land use plans relating to some reserves. For example in the town of Manjimup there are people that can tell the stories of a significant place, as told to them by traditional owners, even though they do not speak for that part of the country they would be able to register the significance of that place and impact on any future proposal for a site.

Due care needs to be taken to ensure that the nomination of a place does not simply represent the views of an individual.

Proposal 3a

The proposed establishment of a Local Aboriginal Heritage Service (and online directory) is supported, as it will allow for stakeholder consultation without the previous delay of up to four months or more for Aboriginal consultation. This will also reduce the need to travel to Perth to meet with the traditional owners during consultation.

Proposal 5

The introduction a referral mechanism that could handle Aboriginal Heritage in the same way as built heritage. The process behind the referral mechanism has not yet been clarified, though it could mean that referrals to and from DPLH becomes part of the process. This could create additional administrative requirements resulting in additional time being required to processing applications for planning approval, and additional imposts on existing local government resources.

Conclusion

The Act is under review, as it is no longer fit for purpose. The review has identified issues with the current system and through the first phase of consultation has generated proposals for a modern legislative framework to protect Aboriginal heritage in Western Australia.

This second phase of consultation will generate the third phase Green Bill that will be published for public consultation.

STATUTORY ENVIRONMENT:

Aboriginal Heritage Act 1972

Policy / Strategic Implications:

Shire of Manjimup Local Planning Strategy 2003-2013, Local Planning Scheme 4.

Organisational risk management:

Nil.

Financial Implications:

Nil

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council endorse the Chief Executive Officer lodging a submission on the review of the Aboriginal Heritage Act as outlined within the March 2019 consultation paper shown at Attachment: 9.5.4(1) as follows:

1. The need to ensure that places nominated in accordance with proposal 2 – The extension in scope of Aboriginal Sites are validated and are not the view of a single individual;

2. Support to the establishment of an Aboriginal Heritage Service;

3. Express concern regarding the potential delays in processing of applications for planning approval due to the referral process; and

4. Express concern regarding the potential additional resourcing implications for local government associated with the referral mechanism as detailed in proposal 5.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Tapley, D

27812

1. The need to ensure that places nominated in accordance with proposal 2 – The extension in scope of Aboriginal Sites are validated and are not the view of a single individual;

2. Support to the establishment of an Aboriginal Heritage Service;

3. Express concern regarding the potential delays in processing of applications for planning approval due to the referral process; and

4. Express concern regarding the potential additional resourcing implications for local government associated with the referral mechanism as detailed in proposal 5.

ADOPTED BY EN BLOC RESOLUTION: 8/0

Councillor Jenkins declared a Proximity Interest in this Item as she is part owner of a property at 4 Finch Street, Manjimup, adjacent to the pool. Councillor Jenkins did not speak or vote on the matter and left the Chamber at 5.56pm.

ATTACHMENT

APPENDIX

9.1.1 Adoption of Proposed Manjimup Olympic Swimming Pool Repeal Local Law 2019

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Lot 3000 Rutherford Street, Manjimup (Manjimup Regional AquaCentre)
WARD:	Central
ZONE:	Public Purposes
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F170065
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	8 May 2019
DECLARATION OF INTEREST:	Nil

Background:

The purpose of this report is for Council to consider the adoption of the new Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019 (the Repeal Local Law). On 6 December 2018, Council resolved to commence the process of repealing the obsolete Municipality of the Shire of Manjimup By-laws relating to the Management of the Manjimup Olympic Swimming Pool (the By-laws). A copy of the report with Council’s resolution is appended.

APPENDIX: 9.1.1(A)

The process for making a local law is prescribed in the Local Government Act 1995, which requires that at a Council meeting the person presiding is to give notice of the purpose and effect of the proposed local law. The purpose and effect of the proposed Local Law, was detailed in the report to the Ordinary Meeting of Council on 6 December 2018 appended above.

The proposed Repeal Local Law has been advertised for public comment and Council now needs to consider the Repeal Local Law in light of any submissions made.

Following public comment, a number of minor changes were recommended to be made to the Local Law by the Department of Local Government, Sport and Cultural Industries (DLGSCI). A copy of the modified Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019 is attached containing the recommended changes to the draft previously adopted by Council.

ATTACHMENT: 9.1.1(1)

PUBLIC Consultation Undertaken:

A notice of the proposed Repeal Local Law was advertised in the West Australian newspaper and the Manjimup – Bridgetown Times inviting submissions over a 6-week period by 10 May 2019. The time limit for submissions complies with the provisions of the Local Government Act 1995.

A copy of the proposed Repeal Local Law was also made available to be viewed at the Shire Administration Centre, local public libraries and on the Shire’s website.

No submissions from the public were received.

Shire officers also wrote directly to the Department of Local Government, Sport and Cultural Industries (DLGSCI) inviting views and feedback on the proposed Repeal Local Law. One submission from DLGSCI was received 16 April 2019. A copy of this submission is attached, and is discussed below.

ATTACHMENT: 9.1.1(2)

COMMENT (Includes Options):

All proposed local laws, including repeals of local laws are required to be legislated in accordance with the following procedure:

1. Drafting of a local law;

2. Council resolving to make a local law and the presiding member detailing the purpose and effect of the local law;

3. Publishing a statewide public notice summarising and calling for submissions within a specified time frame of no less than six weeks;

4. Providing a copy of the proposed local law to the Department of Local Government for submission;

5. Council resolving by absolute majority to make the local law taking into consideration any submission made;

6. Publishing the local law in the Government Gazette;

7. Publishing a statewide public notice that the local law is to come into effect; and

8. Providing an explanatory memorandum to the Joint Standing Committee on Delegated Legislation for assessment.

DLGSCI Submission

The submission from DLGSCI recommended 8 changes to the content of the proposed Repeal Local Law. These recommendations are simply minor edits and textual changes that have no bearing on the intent of the proposed Repeal Local Law. As previously stated, all changes recommended by the DLGSCI have been actioned and are included in the proposed Repeal Local Law attached at 9.1.1(1).

If at any stage during this process the Local Government alters a local law significantly from what was originally proposed the process must recommence from the beginning. The minor changes recommended by the DLGSCI are not considered by the author to be significant enough to warrant recommencing the process.

STATUTORY ENVIRONMENT:

Local Government Act 1995 sections 3.12 to 3.17 provide the process to adopt a new local law and to repeal an old one.

Policy / Strategic Implications:

The Shire’s Local Laws (including By-laws) are to be reviewed every 8 years, as required by the Local Government Act 1995. The By-law is out of date and is inconsistent with contemporary aquatic facility management practice. Repeal of the By-Law will have no effect on the current operation of the Manjimup Regional AquaCentre.

Organisational risk management:

The repeal of the By-Laws will reduce any confusion as to the management of the Shire’s facility. Additionally, the repeal will align the operation of the facility to current legislation and policy.

Financial Implications:

Costs associated with the Repeal Local Law will be expended from the adopted Local Laws administration budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Notes the submission received from the Department of Local Government, Sport and Cultural Industries to the draft Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019;

2. Adopts the Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019 as modified in accordance with section 3.12 of the Local Government Act 1995, as attached at 9.1.1(1); and

3. Authorises the Shire President and Chief Executive Officer to execute the Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019 and affix the Common Seal.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

27819

That Council:

1. Notes the submission received from the Department of Local Government, Sport and Cultural Industries to the draft Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019;

3. Authorises the Shire President and Chief Executive Officer to execute the Shire of Manjimup Olympic Swimming Pool Repeal Local Law 2019 and affix the Common Seal.

CARRIED: 7/0

Councillor Jenkins returned to the Chamber at 5.57pm.

ATTACHMENT

9.1.2 Adoption of Proposed Shire of Manjimup Parking Local Law 2018

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	All of Shire
WARD:	All Wards
ZONE:	N/A
DIRECTORATE:	Office of the CEO / Development & Regulation
FILE REFERENCE:	F170066
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco / Brian Robinson
DATE OF REPORT:	8 May 2019
DECLARATION OF INTEREST:	Nil

Background:

At its 6 December 2018 Ordinary Meeting, Council considered the proposed Shire of Manjimup Parking Local Law 2018 (the Local Law) resolving:

That notwithstanding Council’s previous decision (Resolution No 27286), Council proceed with advertising of the revised draft Local Law – Parking 2018 as follows:

1. Pursuant to the Local Government Act 1995 section 3.12(3) and (3a), and all other legislation enabling it, give Statewide and local public notice that it intends to make the Shire of Manjimup – Parking Local Law 2018, as shown at Attachment: 9.7.1(1) with 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. Advertise the Draft Local Laws as referred to in point 1 above for a period of not less than 6 weeks, with advertisements to appear in the Western Australian Newspaper and all local newspapers circulating within the district;

3. In accordance with the Local Government Act 1995 section 3.12(3) advise the Minister for Local Government of the proposed local laws; and

4. Await a further report on the draft Local Laws following the completion of the advertising period referred to in point 2 above.

Following public comment, a number of textual and legislative changes were recommended to be made to the Local Law by the Department of Local Government, Sport and Cultural Industries (DLGSCI). A copy of the modified Shire of Manjimup Parking Local Law 2018 is attached containing the recommended changes to the draft previously adopted by Council.

ATTACHMENT: 9.1.2(1)

The purpose of this item is to seek Council’s final endorsement of the modified Shire of Manjimup Parking Local Law 2018.

PUBLIC Consultation Undertaken:

A notice of the proposed Local Law was advertised in the West Australian newspaper and the Manjimup – Bridgetown Times inviting submissions over a 6-week period by 10 May 2019. The time limit for submissions complies with the provisions of the Local Government Act 1995.

A copy of the proposed Local Law was also made available to be viewed at the Shire Administration Centre, local public libraries and on the Shire’s website.

No members of the public provided any comment on the proposed Local Law.

The 6 week public comment period closed 10 May 2019. One submission from the DLGSCI was received. A copy of this submission is attached, and is discussed below.

ATTACHMENT: 9.1.2(2)

COMMENT (Includes Options):

The proposed Local Law will replace a number of outdated parking By-laws currently active. The new Local Law will allow Council to introduce timed parking in designated areas as well as bring parking laws within the Shire up to industry standard. The proposed Local Law is largely based on parking local laws gazetted by other local governments.

DLGSCI Submission

The submission from DLGSCI recommended 17 changes to the content of the Local Law. The majority of the recommendations are minor typographical errors that have been rectified by the authors and included in attached copy of the proposed Local Law. All other changes recommended by the DLGSCI are discussed below:

Special Event Parking Provisions

In its submission, DLGSCI noted that the Joint Standing Committee on Delegated Legislation (JSCDL) had previously found issue around ‘special event’ parking provisions contained in Local Laws, and made reference to the JSCDL’s 44^th Report, which discusses the position of the Committee in some detail.

The 44^th Report of the JSCDL articulates that it takes exception to the definition of a ‘special event’, as it is considered too vague and the circumstances in which adequate public notice is to be given for ‘special event’ parking arrangements are unclear. The submission notes that the JSCDL may contest the validity of including ‘special event’ parking provisions within the proposed Local Law.

In light of the DLGSCI’s advice and further investigation of other local government’s gazetted parking local laws, it is noted that most have removed any provisions around special event parking requirements. Given the above, officers have removed all references for ‘special event’ parking from the proposed Local Law.

Clause 1.6

The submission recommends that within clause 1.6 of the proposed Local Law all references to ‘subclause’ should be changed to ‘paragraph’. Shire officers note that there is no clause 1.6 of the proposed Local Law. Upon querying the recommendation regarding the clause, it was verbally stated by the Department to ignore that specific recommendation. Given this, no changes are required.

Clause 3.27 – Other limitations in zones

The comment provided by DLGSCI notes that the clause refers to a ‘parking control sign’ which appears to have a specific meaning and recommends that the term be defined. Shire officers note that a definition for a ‘parking control sign’ is already contained within the list of definitions at clause 1.5 of the Local Law which references the Road Traffic Code 2000 definition for a ‘parking control sign’. It is the opinion of the authors that no action on this recommendation is required.

Clause 7.1 – Legal proceedings

This clause simply notes that evidentiary provisions related to vehicle offences are contained in Division 3 of Part 9 of the Local Government Act 1995 (the Act). The submission from DLGSCI states that this clause has no legal effect and can be removed. Whilst appreciating the advice of the Department, the authors contend that clause 7.1 offers clarity to the reader of the Local Law as it establishes the legislative relationship between it and that Division of the Act. It is the opinion of the authors that no action on this recommendation is required.

Local Law Procedure

All proposed Local Laws are required to be legislated in accordance with the following procedure;

Step	Status
Drafting of a local law;	Completed.
Council resolving to make a local law and the presiding member to give notice of the purpose and effect of the local law;	Completed.
Providing State wide public notice summarising and calling for submissions within a specified time frame of no less than six weeks;	Completed.
Providing a copy of the proposed local law to the Department of Local Government for submission to the relevant Minister;	Completed.
Council resolving by absolute majority to make the local law taking into consideration any submission made;	The purpose of this agenda item
Publishing the local law in the Government Gazette;	TBD
Providing State wide public notice that the local law is to come into effect; and	TBD
Providing an explanatory memorandum to the Joint Standing Committee on Delegated Legislation for assessment.	TBD

If at any stage during this process the Local Government alters a local law significantly from what was originally proposed the process must recommence from the beginning. The minor changes recommended by the DLGSCI are not considered by the authors to be significant enough to warrant recommencing the process.

STATUTORY ENVIRONMENT:

Local Government Act 1995 sections 3.12 to 3.17 provide the process to adopt a new local law and to repeal an old one.

Local Government (Functions and General) Regulations require the purpose and effect of a proposed new local law to be recorded in the minutes of the Council meeting.

Policy / Strategic Implications:

The current Shire of Manjimup By-laws relating to parking are out of date and inconsistent with current practice.

If the proposed Local Law is approved, it will ensure that Shire Rangers have adequate statutory authority to ensure the regulation of Vehicle Parking within the district.

Organisational risk management:

Failure to introduce new comprehensive parking local laws could result in ongoing issues associated with the inappropriate parking of vehicles within the community.

Financial Implications:

Costs associated with making the Shire of Manjimup Parking Local Law 2018 are contained within Council’s adopted budget.

There is likely to be some additional cost in future financial years with the placement of parking signage in the Local Government Area as a result of the adoption of this proposed Local Law. This cost is likely to be absorbed within the Shire’s operational budget. Furthermore, the cost of this signage is also likely to be softened by the collection of parking fines.

Sustainability:

Environmental: Nil.

Economic: The introduction of timed parking within Manjimup CBD will ensure that, where required, parking bays are made available for the parking of customer vehicles to the benefit of local retailers and are not used for all day parking.

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.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Notes the submission received from the Department of Local Government, Sport and Cultural Industries to the draft Shire of Manjimup Parking Local Law 2018;

2. Adopts the Shire of Manjimup Parking Local Law 2018 as modified in accordance with section 3.12 of the Local Government Act 1995 and contained at Attachment 9.1.2(1); and

3. Authorises the Shire President and Chief Executive Officer to execute the Shire of Manjimup Parking Local Law 2018 and affix the Common Seal.

COUNCIL RESOLUTION:

27820

Moved: Eiby, W Seconded: Jenkins, D

That Council:

1. Notes the submission received from the Department of Local Government, Sport and Cultural Industries to the draft Shire of Manjimup Parking Local Law 2018;

2. Adopts the Shire of Manjimup Parking Local Law 2018 as modified in accordance with section 3.12 of the Local Government Act 1995 and contained at Attachment 9.1.2(1); and

3. Authorises the Shire President and Chief Executive Officer to execute the Shire of Manjimup Parking Local Law 2018 and affix the Common Seal.

CARRIED: 8/0

ATTACHMENT

APPENDIX

9.1.4 Review of Councillor Attendance Fees, Allowances and Expenses for 2019/20

PROPONENT	Shire of Manjimup
WARD:	Whole of Shire
ZONE:	All
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F160562
LEGISLATION:	Local Government (Administration) Regulations 1996 Salaries and Allowances Act 1975
AUTHOR:	Andrew Campbell
DATE OF REPORT:	10/05/2019
DECLARATION OF INTEREST:	The Chief Executive Officer’s Total Reward Package is calculated from the Band range provided in the Statutory Salaries and Allowances Tribunal determination however this item relates to Councillor Fees, Allowances and Expenses only.

Background:

The Local Government Act 1995 and Local Government (Administration) Regulations 1996 provide for Councillors to receive certain payments, and sets minimum and maximum amounts which can be paid. Fees, Allowances and Expenses available include:

§ Meeting attendance Fees (or alternatively annual attendance Fees);

§ Local Government allowance for the President and Deputy President;

§ Information Technology and Communication allowance;

§ Travel and Accommodation expense allowance;

§ Travel reimbursement;

§ Telecommunications reimbursement;

§ Child Care reimbursement; and

§ Other prescribed reimbursements approved by Council.

In 2013, the Salary and Allowances Tribunal (“SAT”) were empowered to annually determine payments for Fees, Allowances and Expenses for Councillors plus ranges for Chief Executive Officer Total Reward Packages by prescribing four distinct Band classifications for every Local Government operating in Western Australia. SAT recently undertook the annual review with the latest SAT determination being made on 9 April 2019, effective from 1 July 2019. A copy of the SAT determination is attached.

ATTACHMENT: 9.1.4 (1)

To further guide Council, adopted Council Policy 1.1.2 Councillor Meeting Fees applies and a copy of the existing policy is appended.

APPENDIX: 9.1.4(A)

The purpose of this report is to determine the Councillor Fees, Allowances and Expenses to be paid in the 2019/20 financial year.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The difficulty with the SAT determination for Fees, Allowances and Expenses is that it is based on possible payments within a prescribed range and as such Councillors are required to make their own payment decisions on an annual basis. To provide guiding principles on this matter, and perhaps reduce perception of individual Councillor conflict, Council Policy 1.1.2 Councillor Meeting Fees was introduced in 2002 and advocates for annual Council Fees and Allowances decisions based on the midpoint of the SAT Band determination. However, it also needs to be clearly identified that whilst Councillor Fees and Allowances must be decided by Council within the Band range provided by the SAT determination each year, there is no compulsion for Council to make any change from year to year as long as the annual decision is within the prescribed Band range for that year.

The recent SAT determination for 2019/20 has made a 1% change to all four Band ranges. It should be noted that in 2018/19 Council increased Councillor Fees, Allowances and Expenses by 5% (above the midpoint identified by Council policy) following SAT determination of consecutive zero increases in 2017/18 and 2018/19.

With the increasing complexity of the Shire district and operations, Council resolved in 2017 to make a submission to the SAT determination to consider increasing the Shire of Manjimup from Band 3 to a Band 2 Local Government. Whilst that submission in 2018 was unsuccessful (evidenced only through the 2018/19 SAT determination), upon receiving no feedback as to why the request was unsuccessful, another submission (see attached) was made for the 2019 SAT determination. The result was a successful outcome and the Shire of Manjimup is now classified as a Band 2 Local Government under the SAT determination that takes effect as of 1 July 2019.

ATTACHMENT: 9.1.4 (2)

It is considered that a Band 2 Local Government classification is fair and reasonable given the regional nature, diversification and complexity of the Local Government district. Comparatively the following table indicates where the Shire of Manjimup sits relative to other SWALGA group of Local Governments in the south west of Western Australia.

Local Government	SAT Band Allocation
Augusta-Margaret River	2
Boyup Brook	4
Bridgetown-Greenbushes	3
Busselton	1
Bunbury	1
Capel	3
Collie	3
Dardanup	3
Donnybrook-Balingup	3
Harvey	2
Manjimup	2
Nannup	4

The consequence of the Band 2 allocation for the Shire of Manjimup is that it does have financial implications for Councillor Fees, Allowances and Expenses that require further consideration and determination by Council.

FEES

(a) Attendance Fees

Attendance Fees are an automatic right with Councillors entitled to be paid an attendance fee under Section 5.98 for each meeting as follows:

	Council Meetings		Committee & Other Prescribed Meetings
	Minimum	Maximum	Minimum	Maximum
Councillor	$373	$582	$186	$291
President	$373	$780	$186	$291

[Note: Prescribed meetings include WALGA Zone meetings, RRG meetings, a meeting attending at the request of a Minister or a meeting where the Council member is a delegate appointed by the Local Government].

An alternative, however, is available under section 5.99 of the Local Government Act 1995 (‘LG Act’), allowing Council to determine to pay an annual attendance fee in lieu of a fee for each individual meeting attended. The permissible range of annual Fees is:

	Minimum	Maximum
Councillor	$14,865	$23,230
President	$14,865	$31,149

Recommendation:

Since the introduction of the statutory determination, Council has elected to pay an annual attendance fee at the midpoint of the permitted SAT Band range, rather than individual meeting Fees, as reflected in Council Policy.

In accordance with Council Policy it is recommended payment of an annual attendance fee in lieu of individual meeting fees continue. It is recommended the annual attendance Fee for the Shire President is $23,007 and Councillors is $19,048. (2018/19 Shire President $17,170 and Councillors $12,504)

ALLOWANCES

(b) President’s and Deputy President’s Local Government Allowance

Section 5.98, of the Local Government Act, entitles the President to receive an additional annual “Local Government Allowance” to compensate for the additional workload for leadership, statutory function, ceremonial and civic duties.

Section 5.98A, of the Local Government Act provides Council with discretion to pay an additional annual “Local Government Allowance” to the Deputy President of 25% of that payable to the President.

An alternative to the prescribed limits however is available under the Local Government Act 1995 allowing Council to determine to pay local government Allowances based on the prior year’s operating revenue. The maximum amount payable, for the President, shall not exceed the lesser of the maximum annual prescribed allowance, or 0.2% of the local government’s operating revenue. Council Policy recommends against the use of the operating method calculation due to significant fluctuation in grant revenue. The maximum percentage payable to the Deputy President, as determined by the Salaries and Allowances Tribunal, is 25%. The permitted local government Allowances are as follows:

	SAT Minimum	SAT Maximum	Operating Revenue maximum
Councillor	n/a	n/a	n/a
Deputy President	$3,844	$15,839	$15,839
President	$15,377	$63,354	$63,354

[Note 2018/19 budgeted operating revenue was $44,094,624 so 0.2% equated to $88,189].

Recommendation:

Consistent with Council Policy and practice the applicable Allowances are recommended as follows:

- President: 50% of allowable range - $39,366; and

- Deputy President: 25% of President allowance - $9,842.

(2018/19 Shire President $19,743 and Deputy President $4,936)

An ICT annual allowance may be paid in lieu of reimbursement for telephone, facsimile and other communication expenses (such as call charges) as follows:

	Minimum	Maximum
Councillor	$500	$3,500
President	$500	$3,500

Recommendation:

The maximum ICT allowance range has not been increased by the Salaries and Allowances Tribunal. Council Policy indicates payment to 50% of the range and this is the recommendation to Council being $2,000 for both the Shire President and Councillors.

(2018/19 Shire President, Deputy Shire President and Councillors $2,100)

(d) Travel and Accommodation Annual Allowance

Regulation 34AB allows Council to determine to pay an annual travel and accommodation allowance rather than actual reimbursement as follows:

	Minimum	Maximum
Councillor	$0	$50
President	$0	$50

Recommendation:

The travel and accommodation allowance is not realistic for large land area Local Government Authorities, with Councillors based up to 120km away from the Council Chamber and Administration Centre. Accordingly, the adoption of an allowance, in lieu of reimbursements, is not supported and it is recommended reimbursement in accordance with actual costs in the case of approved accommodation and travel costs in line with the applicable rate in the relevant Local Government Award.

REIMBURSABLE EXPENSES

(e) Rental charges for one telephone and one facsimile machine (Regulation 31(1)(a))

Reimbursement of actual cost incurred for rental of one phone and one fax.

Recommendation:

It is recommended that an annual ICT Allowance be paid in lieu of reimbursements for telephone and facsimile (as above).

(f) Child Care Reimbursement (Regulation 31(1)(b))

Reimbursement of child care fees incurred is an automatic right for the actual amount paid to a maximum of $25 per hour.

Recommendation:

It is recommended that allowable Child Care expenses be reimbursed to the amount allowable of $25 per hour as incurred.

(g) Travel costs for attendance at Council or committee meetings (Regulation 31(1)(b))

Actual cost for travel from the members place of residence or work to the meeting and back is eligible for reimbursement in accordance with the relevant Local Government Award.

Recommendation:

Council Policy 1.1.2 provides guidance for reimbursement of allowable travel. Although entitled, many Councillors do not lodge claims for reimbursement of allowable travel. It is recommended that approved travel expenses continue to be reimbursed to the amount allowable as incurred.

(h) Other prescribed costs approved by Council (Regulation 32(1))

In addition to the above expenses for which reimbursement can apply, the Council can approve reimbursement for other specific expenses within the provisions of Regulation 32.

The following table provides a historical comparison of Fees and Allowances previously paid and those now proposed for 2019/20 in accordance with Council Policy.

2015/16

Actual

2016/17 Actual

2017/18 Actual

2018/19 Actual

2019/20

Proposed Budget

Shire President

Annual Attendance Fee

Annual Local Govt Allow

Telecommunications Allow

ICT Allow

Travelling

Total

$16,110

$18,525

$2,000

Actual km’s

$36,635

$16,352

$18,803

$2,000

Actual km’s

$37,155

$16,352

$18,803

$2,000

Actual km’s

$37,155

$17,170

$19,743

$2,100

Actual km’s

$39,013

$23,007

$39,366

$2,000

Actual km’s

$64,373

Deputy President

Annual Attendance Fee

Annual Local Govt Allow

Telecommunications Allow

ICT Allow

Travelling

Total

$11,733

$4,631

$2,000

Actual km’s

$18,364

$11,909

$4,701

$2,000

Actual km’s

$18,610

$11,909

$4,701

$2,000

Actual km’s

$18,610

$12,504

$4,936

$2,100

Actual km’s

$19,540

$19,048

$9,842

$2,000

Actual km’s

$30,890

Councillor

Annual Attendance Fee

Telecommunications Allow

ICT Allow

Travelling

Total

$11,733

$2,000

Actual km’s

$13,733

$11,909

$2,000

Actual km’s

$13,909

$11,909

$2,000

Actual km’s

$13,909

$12,504

$2,100

Actual km’s

$14,604

$19,048

$2,000

Actual km’s

$21,048

To assist Council in considerations a comparative assessment to other Band 2 SWALGA group of Local Governments in the south west of Western Australia is shown in the table below. It must be noted these figures are 2018/19 and the SAT determination has increased the Band 2 range by 1% effective for 2019/20.

Local Government

Position

Fees

Allowances

ICT

Total

HARVEY

(13 Councillors)

Shire President

$30,841

$43,200

$1,350

$75,391

Deputy Shire President

$16,230

$10,800

$1,350

$28,380

Councillor

$16,230

N/A

$1,350

$17,580

AUGUSTA– MARGARET RIVER

(7 Councillors)

Shire President

$24,047

$39,360

$3,500

$66,907

Deputy Shire President

$18,582

$9,840

$3,500

$31,922

Councillor

$18,582

N/A

$3,500

$22,082

This report has outlined the financial consequence if Council chose to follow Council Policy 1.1.2 Councillor Meeting Fees where it would adopt the midpoint of the SAT determination Band range as per the author’s recommendation. However, if Council wishes to adopt a lesser position compared to Council Policy, or phase in over a period of time to meet Council’s Policy, for Councillors’ transition from Band 3 to Band 2 in relation to Fees and Allowances (ICT to remain constant), the following table may be of assistance. Lesser and greater options are available upon request.

2019/20

25%

2019/20

30%

2019/20

35%

2019/20

40%

2019/20

45%

Shire President

Annual Attendance Fee

Annual Local Govt Allow

Telecommunications Allow

ICT Allow

Travelling

Total

$18,936

$27,371

$2,000

Actual km’s

$48,307

$19,750

$29,770

$2,000

Actual km’s

$51,520

$20,564

$32,169

$2,000

Actual km’s

$54,733

$21,379

$34,568

$2,000

Actual km’s

$57,947

$22,193

$36,967

$2,000

Actual km’s

$61,160

Deputy President

Annual Attendance Fee

Annual Local Govt Allow

Telecommunications Allow

ICT Allow

Travelling

Total

$16,956

$6,843

$2,000

Actual km’s

$25,799

$17,375

$7,443

$2,000

Actual km’s

$26,818

$17,792

$8,042

$2,000

Actual km’s

$27,834

$18,211

$8,642

$2,000

Actual km’s

$28,853

$18,629

$9,241

$2,000

Actual km’s

$29,870

Councillor

Annual Attendance Fee

Telecommunications Allow

ICT Allow

Travelling

Total

$16,956

$2,000

Actual km’s

$18,956

$17,375

$2,000

Actual km’s

$19,375

$17,792

$2,000

Actual km’s

$19,792

$18,211

$2,000

Actual km’s

$20,211

$18,629

$2,000

Actual km’s

$20,629

EXTRA BUDGET REQUIRED 2019/20

$54,721

$62,724

$70,706

$78,692

$86,702

STATUTORY ENVIRONMENT:

Part 5 Division 8 of the Local Government Act.

Local Government (Administration) Regulations 1996.

Salaries and Allowances Act 1975.

Policy / Strategic Implications:

Council had previously resolved to make a submission to SAT to a change from Band 3 to Band 2. Given the decision of SAT on this matter reflects the regional nature, diversity and complexity of the Shire of Manjimup district and the impact this has on both Council and the administration.

The operations required for the Shire of Manjimup Local Government district have been recognised by SAT after independent third party assessment of current circumstances comparative to other Local Governments operating across Western Australia. On this basis Council should give due regard to the SAT Determination when making a resolution on the matter

The setting of Councillor Fees and Allowances is a sensitive matter for the Council to consider and a policy position is considered beneficial in such circumstances. However it is up to Council to make their own decision as to where they should sit within the prescribed Band and this does not necessarily mean that the policy position can not be amended at any stage.

Organisational risk management:

A substantive change to Councillor Fees and Allowances resulting from a change in Bands has an apparent external reputational risk to the organisation given Councillors are required to make decisions about Fees, Allowances and Expenses. It is considered that any significant increase for Councillors would generate this type of external risk however this should and needs to be balanced against the type, nature and complexity of the role of a Councillor elected to represent the community within the Shire district.

Financial Implications:

The adjustments proposed recommended in accordance with Council Policy result in an increase over 2019/20 as follows:

	2018/19 $	2019/20 $	Increase (decrease)$
Annual Attendance Fee (Councillors)	125,040	190,480	65,440
Annual Attendance Fee (President)	17,170	23,007	5,837
Local Government Allowance (Deputy President)	4,936	9,842	4,906
Local Government Allowance (President)	19,743	39,366	19,623
ICT Allowance (All)	23,100	22,000	(1,100)
Travel Allowance (All)	0	0	0
Total funding required	$189,989	$284,695	$94,706

The above does not include allowable reimbursements (mainly motor vehicle travel).

The affordability of adhering to Council Policy 1.1.2 Councillor Meeting Fees needs to be contemplated in accordance with preparations for the 2019/20 Annual Budget. The recommended increase is equivalent to about 1% of rates and if approved will be required to be sourced within the 2019/20 budget. As usual, no doubt budget pressures will arise and increased costs will need to be offset by increased revenue or reduced expenditure.

Sustainability:

Environmental: Nil

Economic: The adjustment of SAT Band ranges will have additional cost to the organisation.

Social: The SAT determination has recognised the Shire of Manjimup is quite complex and therefore it is important that Councillors receive reasonable remuneration in order to attract and retain suitable candidates.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council in respect of the 2019/20 financial year:

1. Pay all Councillors an Annual Attendance Fee, in lieu of meeting Fees, $19,048 for Councillors and $23,007 for the Shire President;

2. Pay the Shire President a Local Government Allowance of $39,366;

3. Pay the Deputy Shire President a Local Government Allowance of $9,842;

4. Pay all Councillors an ICT Allowance of $2,000;

5. Not pay Councillors an annual Travel and Accommodation Allowance;

6. Require all approved claims for Child Care be paid, to the extent permissible, on a reimbursement basis as incurred.

7. Require all approved claims for travel and accommodation be paid, to the extent permissible, on a reimbursement basis as incurred; and

8. Require all Attendance Fees, Allowances and Expenses be paid in equal monthly instalments in arrears in accordance with Council Policy.

COUNCIL RESOLUTION:

Moved: Omodei, P Seconded: Jenkins, D

27821

That Council in respect of the 2019/20 financial year:

1. Pay all Councillors an Annual Attendance Fee, in lieu of meeting Fees, $19,048 for Councillors and $23,007 for the Shire President;

2. Pay the Shire President a Local Government Allowance of $39,366;

3. Pay the Deputy Shire President a Local Government Allowance of $9,842;

4. Pay all Councillors an ICT Allowance of $2,000;

5. Not pay Councillors an annual Travel and Accommodation Allowance;

6. Require all approved claims for Child Care be paid, to the extent permissible, on a reimbursement basis as incurred.

7. Require all approved claims for travel and accommodation be paid, to the extent permissible, on a reimbursement basis as incurred; and

8. Require all Attendance Fees, Allowances and Expenses be paid in equal monthly instalments in arrears in accordance with Council Policy.

CARRIED: 8/0

APPENDIX

9.3.1 Proposed Quinninup Dam Licence from Water Corporation to Shire of Manjimup

PROPONENT	Shire of Manjimup Water Corporation
OWNER	Water Corporation
LOCATION / ADDRESS:	Lot 187 (1173) and Lot 1 Wheatley Coast Road, Quinninup
WARD:	East
ZONE:	Waterways / Public Purposes
DIRECTORATE:	Business
FILE REFERENCE:	F180089
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	9 May 2019
DECLARATION OF INTEREST:	Nil

Background:

At the meeting of 7 December 2017 Council resolved to support the concept of leasing the land known as Quinninup Dam from the Water Corporation for the purpose of passive community recreation. This was following receipt of a proposal from the Water Corporation based on the ‘Quinninup Dam Community Recreation Assessment’.

The report from the meeting of 7 December 2017 is contained in the appendix for further background information.

APPENDIX: 9.3.1(A)

The Water Corporation have provided a draft licence agreement and a risk assessment has been completed. Accordingly, the proposal is brought back to Council for final consideration.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The permitted use will be for recreational activities, including but not limited to swimming and canoeing, bush walking, orienteering and mountain biking. The recreational use will only be able to commence once the premises has been de-proclaimed as a drinking water source and catchment area, expected to occur by 30 June 2019.

A licence agreement does not create an interest in the land and confers no right of exclusive occupation of the land; Water Corporation retains the right to utilise the land. The Shire will be responsible for members of the public who enter the land in accordance with the provisions of the licence for recreation and providing indemnity to the Water Corporation. The Shire is requesting that the Water Corporation’s infrastructure compound is excluded from the licence area.

Water Corporation will retain responsibility for the structural maintenance of the dam wall and where possible give reasonable notice of any planned maintenance, release of water from the dam and any statutory or other requirement impacting the recreation use should this occur.

The Shire’s insurers were engaged to undertake a risk assessment for the proposed licence arrangement, which included site visit observations and recommendations and a review of the draft licence agreement. Additional recommendations to the works previously proposed include:

· New fencing and repair of existing fencing to prevent access to the dam wall and spillway;

· Delineate a no access safety zone in the water using in-water markers to prevent access to the dam wall and spillway;

· Import sand for provision of water entry points;

· Delineation of parking and access areas; and

· Various additional signage for access, warnings and water safety.

The responsibility and costs of the above will be discussed with the Water Corporation. The 2018/19 Shire budget included $5,000 for annual management and due to delayed commencement of the licence this remains available and it is estimated that it will cover the Shire expenses for the additional set up recommendations of the risk assessment.

The agreement will contain standard lease/licence terms and conditions relating to maintenance of improvements, access, insurance, outgoing expenses and other operating matters and additional conditions relevant to the proposed responsibilities and costs of each party. The finer details of the wording and incorporation of advice from the Shire’s insurers is currently under review with the Water Corporation.

As there are no significant changes from the original proposal, Council approval is sought to enable Shire officers to progress negotiations with the Water Corporation. The proposed licence term is 10 years with an option for a further 10 year term.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

Provision of an additional recreational site for the community.

Organisational risk management:

The risk assessment undertaken has identified a number of items to be actioned prior to allowing recreational use to commence and an ongoing inspection and maintenance program will need to occur.

Financial Implications:

Financial implications were assessed in the previous item to Council. It was considered that the proposed costs of managing the land were not exorbitant, with the Water Corporation contributing to initial set up costs. Estimated ongoing costs to the Shire of Manjimup are $2,000 per annum licence fee and $5,000 per annum management costs. There will be some additional set up costs resulting from the recommendations of the risk assessment to be covered by the $5,000 allocated in the 2018/19 budget.

Sustainability:

Environmental: The Shire will be responsible for managing littering and other minor forms of contamination that may occur from the passive recreation.

Economic: The Quinninup settlement is likely to benefit by attraction of non-residents.

Social: Passive community recreation at Quinninup Dam is expected to be of great benefit to the Quinninup community and non-residents.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council commence a licence agreement with the Water Corporation for portion of Lot 187 and Lot 1 Wheatley Coast Road, Quinninup (known as Quinninup Dam) for the purpose of passive community recreational activities, for a term of 10 years, with a renewal option of a further 10 years, at a rental of $2,000 per annum and $5,000 per annum granted to the Quinninup Community Association to manage the dam on behalf of the Shire of Manjimup, subject to the terms and conditions of the licence agreement being satisfactory to the Chief Executive Officer.

COUNCIL RESOLUTION:

Moved: Daubney, L Seconded: Taylor, R

27822

CARRIED: 8/0

Councillor Eiby declared a Proximity Interest in this Item as she is the Manager of the Northcliffe Visitor Centre adjacent to the carpark referred to in this item. Councillor Eiby did not speak or vote on the matter and left the Chamber at 5.59pm.

ATTACHMENT

9.5.2 Overnight Parking Area for Self-Contained Recreational Vehicles - Northcliffe Townsite

PROPONENT	Shire of Manjimup
OWNER	Crown
LOCATION / ADDRESS:	Reserve 46739 Muirillup Road, Northcliffe
WARD:	Coastal
ZONE:	Public Purposes
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160708
LEGISLATION:	Caravan Park and Camping Grounds Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	18/04/2019
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on the 27 September 2018, Council requested that the Shire administration investigate opportunities for free overnight parking for recreational vehicles (RV’s) in selected areas of the Northcliffe Townsite.

Subsequently the matter of free overnight camping areas for fully Self-Contained RV’s was raised with the Northcliffe Town Centre Revitalisation Committee, where the following potential locations were identified:

1. Adjacent to the existing Dump Point at Northcliffe Visitors Centre/CRC/Library building;

2. On Wheatley Coast Road - north of the existing public carpark; and

3. The Northcliffe Recreation Grounds.

Following assessment of the three potential locations, Shire Officers identified that the carpark area adjacent to the Visitors Centre/CRC/Library was the only suitable area that could be made available without further expenditure. The carpark is a sealed carpark, with overhead lighting and an existing RV Dump Point.

At its Ordinary Meeting held on 8 November 2018, Council resolved to authorise a 21 day consultation process in the identified location, subject to the following conditions:

a) The number of overnight bays being limited to a maximum of four bays;

b) The length of stay being limited to 24 hours maximum; and

c) Appropriate signage being erected to encourage those persons wishing to stay long than the 24 hours to relocate to existing commercial operations.

With the public consultation process now complete, Council is requested to consider proceeding with the establishment of the 24 hour parking of RV’s.

PUBLIC Consultation Undertaken:

Advertising of the proposal was undertaken over a 21 day period with advertisements appearing in both the Manjimup-Bridgetown Times and the Northcliffe Karri Pigeon. At the close of advertising a total of 7 submissions were received.

Whilst full copies of the submissions are available to elected members on request, a summary of the submissions received is shown attached.

ATTACHMENT: 9.5.2(1)

COMMENT (Includes Options):

The seven (7) Submissions received generally support the establishment of an area for overnight RV parking, but express a wide range of views on the potential use of the Visitors Centre/CRC/Library carpark for the purpose as summarised below:

a) Four overnight bays as proposed will not be sufficient to meet the needs;

b) A minimum period of 48 hours is required for free RV camping to maximise the money that travellers would spend within the community;

c) There is potential for RV parking as proposed to conflict with other carparking requirements associated with the Visitors Centre/CRC/Library and events within the Town;

d) Suggestions that the carparking area on Wheatley Coast Road or an area opposite the Northcliffe Hotel would be more suitable.

To assist Council in determining this matter and responding to the submissions received, the following comments are offered:

Site Considerations

In determining the suitability of a site for RVs, statutory requirements which must be considered include;

· The land must be a suitable place for camping especially with respect to health, safety and access to services;

· The size of the land with regard to the number of parking bays to be provided. Regulation 52b requires 25m²per parking bay;

· Control of animals, predominantly dogs;

· Speed limit, Regulation 26 requires less than eight kilometres per hour.

· Noise and other potential nuisance issues; and

· The length of stay – 24, 48 or 72 hours.

Once established, monitoring of the site(s) is required to ensure compliance with the self-contained criteria and avoid issues that have been highlighted by other local governments. Post site selection, any enforcement should be complimented by appropriate signage and information available via the Shire’s website for potential users to access prior to arrival.

Site Suitability

As highlighted within the submissions received, provision for RV parking at the Visitors Centre/CRC/Library is somewhat constrained, establishment at this location will ensure that the activities being undertaken can be monitored by the Visitors Centre during both weekdays and over weekends.

To ensure that the RV parking does not conflict with normal parking demands within the carpark, nor restrict access to the RV Dump point, it is recommended that RV parking be permitted outside of normal business hours only (i.e from 5pm to 8am only).

Detailed designs must also be developed prior to establishment to ensure that the locations for parked vehicles will not detrimentally impact on access to the Visitors Centre and/or Dump Point.

Alternative Locations

Several of the submissions received highlight the potential for alternative or additional RV parking areas adjacent to Wheatley Coast Road. Once of these sites in particular, being opposite the hotel is currently undeveloped, without an established hardstand/parking area, lacks lighting and footpath access. Establishment at this location would inevitably lead to calls for physical improvements in that area.

The carparking area off Wheatley Coast Road is also suggested as an alternative location. Whilst there may be some merit in this suggestion, as mentioned above, location of the facility at the Visitors Centre/CRC/Library will ensure that surveillance of the area occurs.

Length of Stay

The submissions received also suggest stays longer than overnight should be permitted. It should however be noted that this will result in parking bays not being available during normal business hours. By permitting persons to stay longer than overnight also has potential for the perception that the facility is a defacto caravan park.

By restricting parking to overnight only, the Shire would be providing an area for Self-Contained vehicles to pull and stay overnight, rather than continuing their travel outside of the townsite.

Cost of Stay

The current proposal is for the establishment of a free facility for Self-contained RV’s to stay for free within the Northcliffe Townsite. As reflected within the submissions received, it has been suggested that a donation box should be established. This could potentially provided the Visitors Centre with minor income.

The RV Industry in Australia

According to the Campervan and Motorhome Club of Australia (CMCA);

“With an estimated number of 620,000 registered RVs in Australia, RV tourism continues to have significant benefits to the economy. Recent surveys indicate that the economic benefits from CMCA activities alone are considerable. According to research, CMCA members spend an average of $770.00 per week when travelling on the road.”

The CMCA also advised that growth of the fully self-contained recreational vehicles tourism market continues to climb. RV users are well connected with each other via industry groups, social media and general comradery with each other whilst travelling.

As the number of RV’s travelling in the South West increases, the expectation for Local Governments to provide facilities also increases. There are numerous sites available on Crown, Local Government and privately owned land which provide short stay camping facilities for visitors to the South West. RV travellers however, seek short term (24/48 hour), low cost (preferably free) parking in town centres with access to potable water and a free dump point.

Self-Contained RV’s

Fully self-contained RV’s contain their kitchen, toilet and shower facilities. They do not require connections to services and contain all of their own waste matter including rubbish, black water and grey water.

RV Friendly Town Program

The CMCA operates an “RV Friendly Town™” program aimed at assisting RV consumers travelling within Australia. To qualify as an RV Friendly Town, the town must meet the following criteria:

Essential

Provision of appropriate parking within the town centre, with access to a general shopping area for groceries and fresh produce.

Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs, as close as possible to the CBD.

Access to potable water.

Access to a free dump point at an appropriate location.

Desirable

Provision of long term parking for self-contained RVs.

Access to medical facilities or an appropriate emergency service.

Access to a pharmacy or a procedure to obtain pharmaceutical products.

Visitor Information Centre (VIC) with appropriate parking facilities.

VIC to provide a town map showing essential facilities, such as short and long term parking areas, dump point and potable water.

RV Friendly Town™ signs to be erected within the town precinct.

Benefits of Program

As stated on their website, the CMCA has identified the following benefits associated with being identified as an RV Friendly Town:

· CMCA will promote the RV Friendly Town™ in GeoWiki, The Wanderer and on our website and social platforms.

· A one-off article about the town, accompanied by an image, will be published in one edition of The Wanderer.

· When RV travellers spot the RV Friendly Town™ sign, they are aware that it determines a short-term, overnight parking/rest area will be available low-cost. If you can offer an incentive or reduced cost for CMCA members, your patronage will be significantly enhanced.

· Visitors will quickly spread the word that a new RV Friendly Destination is available.

· Depending on the location, RV travellers can contribute to the community in a variety of ways, environmentally, socially and economically which will see an increased patronage of local businesses.

Previous Application for RV Friendly Status

At the Ordinary Council meeting held on 23 March 2017 Council resolved the following (refer Appendix: 9.5.2(2)):

“2. Agree to enter into agreement with the Campervan and Motorhome Club of Australia for Northcliffe town site to be designated as an Recreational Vehicle Friendly Town on the proviso that the criteria for the “Provision of short term, low cost overnight parking (24/48 hours) for self-contained RVs, as close as possible to the CBD” is agreed as being able to be provided by the existing local commercial operators.”

The application was to be made on the basis that ‘low cost’ camping was available at two existing Caravan Parks/Camping Grounds located nearby.

A comprehensive application was made to the Caravan and Motorhome Club of Australia (CMCA) in 2017 seeking accreditation as a ‘RV Friendly Town’. After numerous exchanges of information, the CMCA declined the application based on non-compliance with one of the essential criteria – ‘Provision of short term, low cost overnight parking (24/48 hours) for self-contained recreational vehicles, as close as possible to the CBD.’

Clarification of the decision provided by CMCA for the purposes of this report was that the area proposed for overnight parking was too far from the CBD.

Conclusion

Establishment of four parking bays for use by Self-Contained RV’s overnight at the Northcliffe Visitors Centre/CRC/Library will give the opportunity for Council to cater for Self-Contained Recreational Vehicles in Northcliffe.

Within the submissions received, concerns have been raised that the proposed area is not suitable as it will only cater for a limited number of vehicles and the potential use will conflict with normal parking requirements at the centre. For this reason, it is recommended that Council proceed with a 12 month trial of the proposed facility. The level of demand for such facilities can also be established through the trial process.

STATUTORY ENVIRONMENT:

Camping within Western Australia is regulated by the provisions of the Caravan Parks and Camping Ground Act 1995 and the associated 1997 Regulations.

As defined by the Caravan Parks and Camping Ground Act 1995, a camp “means any portable shed or hut, tent, tent fly, awning, blind or other portable thing used as or capable of being used for habitation and includes a vehicle..”. The Act further defines that a vehicle is “a conveyance (other than a train, vessel or aircraft) capable of being propelled or drawn on wheels”. Sleeping within a vehicle is therefore classified as camping under the Act.

Regulation 11 identifies that a person may camp on land other than a caravan park or camping ground under the following circumstances:

a) For up to 3 nights in any 28 day period on land which he or she owns, or has a legal right to occupy. Camping for more than 3 nights, but not more than 3 months in any 12 month period, may occur where the local government grants approval. Approval for a period longer than 3 months may only be granted by the Minister.

b) Up to 24 hours in a caravan or other vehicle in a road side rest area;

c) Up to 24 hours in a road reserve in an emergency. The regulations define an emergency as a situation where the movement of the caravan or other vehicle would constitute an immediate or serious hazard.

d) Land held by the state (freehold, leasehold or reserve) in accordance with the permission of that instrumentality;

e) On any unallocated crown land with the permission of the Minister for Lands.

In accordance with the above provisions, camping (including overnight camping) may only occur on land under the care and control of the Shire with the Shire’s prior approval.

Policy / Strategic Implications:

The establishment of an overnight area for self-contained RV’s would be consistent with recommendation B17 of the Shire’s Strategic Community Plan 2017-2027, which outlines the Shire’s support for “services and infrastructure to encourage caravan and RV tourism”. Such an area would also be consistent with the following goals as outlined in the Strategic Community Plan:

2.1 New people and new businesses are attracted to the region.

2.6 The region grows in reputation as a world class culinary, agricultural, environmental and trails tourism destination.

4.3 Land use planning strategies support the sustainable development and growth of our communities.

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

5.4 Community participation in decision making is maximised.

Given that the above and having regard to the fact only one objection was received in response to advertising of the proposal, it is recommended that Council proceed with a 12 month trial for Self-Contained RV parking overnight at the Visitors Centre/CRC/Library as advertised,

Organisational risk management:

There is minimum risk associated with approval being granted for the overnight parking of Self-Contained RV’s within an existing formed and sealed parking area.

There could however be concerns with the establishment of free services which could be perceived as being in competition with existing accommodation providers.

Financial Implications:

The establishment of overnight camping areas within the Shire is likely to result in additional costs relating to monitoring, enforcement and maintenance/cleaning.

There would also be one-off costs associated with providing signage at the facilities.

Sustainability:

Environmental: Nil

Economic: The approval of free RV camping facilities may have some impact on existing camping sites in the vicinity of the town site. RV campers do however, contribute financially to other service providers in the district.

Social: In accordance with the Shires Strategic Community Plan, RV facilities encouraged throughout the Shire district as it promotes community interaction with tourists visiting the area.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note the submissions received in respect of the proposed overnight parking facility consisting of four parking bays for Self-Contained Recreational Vehicles;

2. Authorise the Chief Executive Officer to proceed with the establishment of a maximum of four parking bays for the overnight parking of Self-contained Recreational Vehicles at the Northcliffe Visitors Centre/CRC/Library carpark for a trial period of 12 months, subject to the following matters being addressed:

a) A detailed design being prepared for a maximum of four parking bays, ensuring that the design will not restrict access to the existing RV Dump Point or the carpark area in general;

b) All RV parking within the overnight bays being restricted to outside of normal business hours (i.e 8am to 5pm), with vehicles to be required to vacate the parking bays by 8am;

c) No vehicle parking overnight for more than a single night in any seven day period;

d) Self-contained Recreational Vehicles being encouraged to utilise existing accommodation options within the area should they wish to stay longer;

e) The Chief Executive Officer being authorised to liaise with the Northcliffe Visitors Centre over the management and day to day operation of the facility;

f) Appropriate line marking and signage to be installed to reflect the requirements for use of the overnight parking; and

g) The Visitors Centre being encouraged to consider the establishment of a donation box associated with the overnight parking of Recreational Vehicles.

3. Advise those persons who lodged submissions accordingly.

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Tapley, D

27824