MINUTES
Council Meeting
24 October 2019
14
TABLE OF CONTENTS
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
2. ANNOUNCEMENTS BY THE CHIEF EXECUTIVE OFFICER:
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN:
27974 9.1.2 Proposed Review of the Shire of Manjimup Code of Conduct
27976 9.1.4 July - September 2019 Quarterly Report - Office of the CEO
27977 9.3.1 Review of Council Policy 4.2.6 Freedom of Information
27978 9.3.2 Monthly Financial Activity Statement - August 2019
27979 9.3.3 Council Financial Payments July 2019
27983 9.5.5 Proposed Oversized Outbuilding at Site 44 Boat Ramp Road, Windy Habour
27984 9.5.6 Delegated Planning Decisions for September 2019.
27985 9.5.7 Retrospective Application for Domestic Outbuilding at Lot 21 (4) Muir Street, Manjimup
27986 9.5.8 Proposed Front Fence R-Codes Variation at Lot 60 (12) Muir Street, Manjimup
27987 9.5.9 Proposed Planning Policy - Alfresco Dining
27988 9.7.1 The Keeping of More than Two Cats at No 32 (Lot 23) Brain Street, Manjimup
27989 9.8.1 Temporary Camping Application at Rea Park, Manjimup
27990 9.9.2 Proposed Review of Policy 3.1.3 Community Fund Allocation
27991 9.9.4 Community Services Directorate Quarterly Report July - September 2019
27993 9.15.1 Unconfirmed Minutes of the Airfield Management Committee Meeting held 11 September 2019
27995 9.5.1 Proposed Local Planning Policy 6.1.23 - Encouraging Public Art
27996 9.7.2 Proposed Introduction of Timed Parking - Manjimup Central Business District
27998 9.9.3 Proposed Discounts and Incentives for Promotional Days - PowerUp Electricity Museum
28002 9.15.2 Airfield Management Committee - Review Terms of Reference and Appointments
28003 9.15.3 Local Emergency Management Committee - Review Terms of Reference and Appointments
28005 9.15.5 Northcliffe Town Hall Management Committee - Review Terms of Reference and Appointments
28006 9.16.1 Access and Inclusion Advisory Committee - Review Terms of Reference and Appointments
28007 9.16.2 Audit Committee - Review Terms of Reference and Appointments
28008 9.16.3 Bush Fire Advisory Committee - Review Terms of Reference and Appointments
28010 9.16.5 Manjimup Heritage Park Advisory Committee - Review Terms of Reference and Appointments
28011 9.16.6 Manjimup Recreation Advisory Committee - Review Terms of Reference and Appointments
28015 9.16.10 Plant Replacement Committee - Review Terms of Reference and Appointments
28017 9.16.12 Road Infrastructure Advisory Committee - Review Terms of Reference and Appointments
28018 9.16.13 Nominations of Persons to Represent Council on External Committees and other Bodies
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING:
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING:
14. MEETING CLOSED TO THE PUBLIC:
15. APPLICATIONS FOR LEAVE OF ABSENCE:
17. ATTACHMENT 5.2.2(1)……………………………………………………209
SHIRE OF MANJIMUP
Minutes of the Ordinary Meeting of Council held in the Council Chamber, Thursday, 24 October 2019.
1. DECLARATION OF OPENING / ANNOUNCEMENT OF VISITORS:
The Chief Executive Officer declared the meeting open at 5.30pm.
2. ANNOUNCEMENTS BY THE CHIEF EXECUTIVE OFFICER:
2.1 For those in the Gallery who don’t know why I am opening the meeting we effectively have a spill of the Shire President and Deputy Shire President every two years at election time. We also have re-elected and newly elected members to be sworn in.
An update on what happened in the election. Central Ward election 37.6% of 3,194 electors voted. In 2017 49.97% of 3,224 electors voted. There were 3 informal votes.
The outcome of the election, in order of the most votes received:
Susan Dawson Vidovich received 514 votes or 16.48% of the votes.
Robert Taylor received 493 votes or 15.81% of the votes.
Denise Jenkins received 491 votes or 15.74% of the votes.
Then we go to the candidates who weren’t elected:
Mark Rawlings received 485 votes or 15.55% of the votes.
Sam Karamfiles received 448 votes or 14.36% of the votes.
Lynn Daubney received 432 votes or 13.85% of the votes.
Mary Nixon received 256 votes or 8.21% of the votes.
In the West Ward election 42.8% of 1,042 electors voted. In 2017 62.84% of 1,055 electors voted. There were 2 informal votes.
The outcome of the election, in order of the most votes received, there was only position available.
Kenneth Lawrence received 144 votes or 32.43% of the votes.
Then we go to the candidates who were unsuccessful:
Verrell Herbert received 130 votes or 29.28% of the votes.
Julian Sharpe received 92 votes or 20.72% of the votes.
Roger Bettoni received 44 votes or 9.91% of the votes.
Charlie Chodorowski received 34 votes or 7.66% of the votes.
In the North Ward Kim Skoss was elected unopposed.
Thank you to all the candidates who nominated in what turned out to be a close contest in the Central and West Wards.
Welcome to the two new Councillors Susan Dawson Vidovich and Ken Lawrence plus the three returning Councillors Denise Jenkins, Robert Taylor and Kim Skoss.
Finally, I’d like to take the opportunity to thank the former Councillors Lynn Daubney with 14 years of service and Verrell Herbert with 4 years of service and wish them well in the future.
2.2 SWEARING IN OF NEWLY ELECTED COUNCILLORS:
Andrew Campbell, Chief Executive Officer, presided over the swearing in of newly elected Councillors:
Kim Skoss
Denise Jenkins
Robert Taylor
Ken Lawrence
2.3 ELECTION OF SHIRE PRESIDENT:
2.3.1 Call for nominations for position of Shire President.
Call for nominations for position of Shire President.
2.3.2 Nominations for position of Shire President close.
Councillor Wendy Eiby nominated Councillor Paul Omodei for Shire President, Councillor Omodei accepted the nomination.
2.3.3 Candidates to address Council. (In person or pre-recorded)
Councillor Omodei addressed Council.
2.3.4 Election of Shire President.
Councillor Omodei was elected Shire President unopposed.
2.3.5 Election of Shire President for a 2 Year Term to 2021
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PROPONENT: |
Shire of Manjimup |
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WARD: |
Whole of Shire |
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DIVISION: |
Office of CEO |
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FILE REFERENCE: |
F160233 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Andrew Campbell |
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INTEREST: |
Nil |
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DATE OF REPORT: |
14 October 2019 |
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BACKGROUND:
On the 26 October 2017, Councillor Omodei was elected as Shire President for a period of two years ending on the third Saturday in October 2019.
The Council is to now elect a President from among its members for a two year term ending on the third Saturday in October 2021.
CONSULTATION:
Nil.
COMMENT (Includes Options):
If there is more than one nomination, an election (by secret ballot) will be conducted by the Chief Executive Officer.
Candidates will be provided with the opportunity to address the Council prior to the vote being taken for a maximum of five minutes. Any competing candidate will be asked to vacate the room whilst another candidate is speaking.
STATUTORY ENVIRONMENT:
Local Government Act 1995
The Local Government (Constitution) Regulations require the application of first past the post voting system to the election of the Shire President.
POLICY / STRATEGIC IMPLICATIONS:
Nil
FINANCIAL IMPLICATIONS:
The 2019/20 budget allows for expenses of the Shire President.
SUSTAINABILITY:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: Simple Majority by Secret Ballot
Councillor Paul Omodei was duly elected as Shire President for a period of 2 years ending 16 October 2021 and sworn in by Andrew Campbell, Chief Executive Officer.
2.4. ELECTION OF DEPUTY SHIRE PRESIDENT:
2.4.1 Call for nominations for position of Deputy Shire President.
Call for nominations for position of Deputy Shire President.
2.4.2 Written nominations for position of Deputy Shire President close.
Nominations for the position of Deputy Shire President were received from Councillor Jayde Darin and Councillor Cliff Winfield.
2.4.3 Candidates to address Council. (In person or pre-recorded audio visual presentation.
Councillors Jayde Darin addressed Council via a pre-recording.
Councillor Cliff Winfield addressed Council.
2.4.4 Election of Deputy Shire President.
The ballot resulted in Councillor Darin being elected Deputy Shire President.
2.4.5 Election of Deputy Shire President for 2 Year Term 2021
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PROPONENT: |
Shire of Manjimup |
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WARD: |
Whole of Shire |
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DIVISION: |
Office of the CEO |
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FILE REFERENCE: |
F160233 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Andrew Campbell |
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INTEREST: |
Nil |
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DATE OF REPORT: |
16 October 2019 |
BACKGROUND:
On the 26 October 2017, Councillor Winfield was elected as Deputy Shire President for a period of two years ending on the third Saturday in October 2019.
The Council is to now elect a Deputy President from among its members for a two year term ending on the third Saturday in October 2021.
CONSULTATION:
Nil.
COMMENT (Includes Options):
If there is more than one nomination, an election (by secret ballot) will be conducted.
Candidates will be provided with the opportunity to address the Council prior to the vote being taken for a maximum of five minutes. Any competing candidate will be asked to vacate the room whilst another candidate is speaking.
STATUTORY ENVIRONMENT:
Local Government Act 1995
The Local Government (Constitution) Regulations require the application of first past the post voting system to the election of the Deputy Shire President.
POLICY / STRATEGIC IMPLICATIONS:
Nil
FINANCIAL IMPLICATIONS:
The 2019/20 budget allows for expenses of the Deputy Shire President.
SUSTAINABILITY:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: Simple Majority By Secret Ballot
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Councillor Jayde Darin was duly elected Deputy Shire President for a period of 2 years ending 16 October 2021 and sworn in by Andrew Campbell, Chief Executive Officer.
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The newly elected Shire President, Cr Paul Omodei, then assumed the chair and conducted the balance of the meeting. |
2.4.6 announcements by the Shire President
The Shire President made the following announcements:
· The Chief Executive Officer and I attended the opening of the Talison Lithium Project in Greenbushes.
· The Chief Executive Officer and I met with Ralph Adiss Director General of Department of Primary Industry and Regional Development.
· The Chief Executive Officer and I, along with Councillor Winfield, attended the Warren Blackwood Alliance of Councils Annual General meeting at Donnybrook. Donnybrook Balingup are now members of the Alliance. The Shire of Manjimup is currently the Chair of the Warren Blackwood Alliance of Councils.
· I met with the Minister for Local Government, Hon David Templeman MLA in Perth on Tuesday.
· This morning the Chief Executive Officer and I met with Nick Sloan, the Chief Executive Officer of WALGA this morning and Ian Duncan WALGA (Road Infrastructure).
· I opened the Quinninup Tavern last Friday.
3. ATTENDANCE:
PRESENT:
Councillors
Cr P Omodei (Shire President)
Cr W Eiby
Cr D Jenkins
Cr K Lawrence
Cr K Skoss
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield
Staff
Mr Andrew Campbell (Chief Executive Officer)
Mr Craig Martyn (Acting 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)
Mr Jason Giadresco (Senior Governance Officer)
Mrs Sheri Laba (Public Relations Officer)
Gallery
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Marcia Johnson |
Mary Nixon |
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Chrissie Hillcoat |
Annie Giacomel |
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Robyn Bowls |
Bree Serafini |
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Alan Lloyd |
Joan Bowditch |
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Wayne Edwards |
Ros Omodei |
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Graeme Cockram |
Emma Marocchi |
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Mason Nix |
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Media
Tari Jeffers
3.1 Apologies:
Councillor elect Susan Dawson Vidovich is an apology for this meeting.
3.2 Leave Of Absence:
Councillor Jayde Darin has been granted a Leave of Absence for this meeting.
The Chief Executive Officer advised that he has received an Impartiality Interest declaration from Councillor Winfield for Item 9.9.1.
Councillor Winfield declared an Impartiality Interest in Item 9.9.1 as he is a member of the Geographic Names Committee.
5. PUBLIC QUESTION TIME:
5.1 Response to public questions taken on notice: Nil
5.2 Public Question Time:
5.2.1 Alan Lloyd – Resident of Wilgarup. – Item 9.7.2 Proposed Introduction of Timed Parking - Manjimup Central Business District.
· Congratulation to the new Councillors and the re-elected Councillors and wish them well in their time.
· I would ask Council to change the proposal to enhance the intent of the proposal.
· During the comment period I made a submission that the timed parking cover the whole of the Central Business District which is currently focussed around Brockman Street and at the fast food area at the south end of Giblett Street.
· The strategic point of the Policy is to ensure that those parking for more than 2 hours in the CBD park in appropriate locations that do not unnecessarily restrict parking and businesses to the CBD, which recognises that the problem exists across the whole CBD.
· The Officer’s Report acknowledges the problem with parking across the whole of the CBD, the current proposal makes no specific attempt to address these problems other than considering the possibility of extending the timed parking zones after a 3 month review of the effectiveness of the timed parking.
· I would ask the Councillors to consider amending recommendation No. 6 to state that a 3 monthly review will consider both the effectiveness of the timed parking zones and identify other areas in the CBD where parking problems exist.
· Recommendation 3 requests the implementation of a formal education plan to the satisfaction of the Chief Executive Officer for the time parking zones in points 1 and 2 but does not mention any education on parking etiquette for the whole of the CBD.
· I would ask Councillors to consider an amendment to recommendation 3 to include an action for the Shire to write to all businesses requesting that they and their workers not park in the CBD streets during working hours and advise them that following the review of the 3 months timed parking there will be further extensions to other areas of CBD where problems are identified.
· The other issue is wood raffles. The officer points out that it is a hazard parking trailers in angle parking bays. It does acknowledge that the parallel parking bays adjacent to the Post Office could be permitted. It would appear that the objection to granting permission to community groups is because it would mean the loss of one 2 hour parking bay all day.
· The Shire approves all applications to hold raffles on the newsagent’s corner and could readily issue all day parking permits for wood raffles at the same time as they grant the approval for the raffle.
· Wood raffles are a popular fund raiser for community groups and the display of the winning load is an effective advertisement for the raffle, as well as an iconic display of our country town and draws favourable comments from visitors.
· I am not impressed with the proposal of a display of photo would not be as effective and would make more work for volunteers.
· I request Council change recommendation 5 to allow a wood raffle vehicle to be displayed in parallel parking bay adjacent to the Post Office when the raffle holder has approval from the Shire.
5.2.2 Emma Marocchi - Manager of the Manjimup Central Park Caravan Park.
· Mrs Marocchi read from a prepared statement as attached.
ATTACHMENT 5.2.2(1)
The Shire President responded: Thank you for your comments, you missed out that you also pay water rates and sewage rates. Council will certainly take on board your concerns we appreciate your support for the Apex Convention. Your comments are very valid and we will take those into consideration when those big events come around.
5.2.3 Mary Nixon – Manjimup Resident.
· I wish the new Councillors, re-elected Councillors and sitting Councillors well for the next 4 years.
· I note that Jaycees Park is to be disposed of to provide high quality short stay accommodation facilities.
· I have made an extensive comment regarding the sale and I hope you will take the comments on board when you make decision at the next Council meeting.
5.2.4 Tari Jeffers – Manjimup resident.
· I am speaking to you not as a journalist by as the president of the Manjimup Apex Club. Regarding Item 9.8.1 Temporary Camping Application at Rea Park, Manjimup.
· Thank you to Grayson Hindmarsh and Susanne Peet for all the help in bringing this item together.
· Manjimup Apex Club is a service club not unlike Rotary and Lions and we have a long tradition in town being first established in 1955.
· This year I attended the Apex WA State Catchup with the express intent of nominating our club of hosting the 2020 event.
· We put our name forward because by 2020 the Manjimup Town Centre Revitalisation Project will be complete and we could showcase our Shire at its best.
· On the Labour Day long weekend we will be hosting about 40 people from across the state and the National Board and the National President, who for the first time, is from Western Australia.
· Over the weekend we will be holding a business meeting, burying a time capsule, taking our guests on a tour across the region and undertake volunteer service work around Manjimup.
· Although the specific volunteer service work has not been confirmed yet we have ideas, like working with the caravan park and we are happy work with Shire staff on ideas as well.
· Our guests will have opportunities to explore and learn more about our region.
· Rea Park will only be used for camping and we will not be hanging out there all day and will only use it to rest at night.
· The caravan park and Fonty’s Pool have both supported us in using Rea Park and we cannot thank them enough.
· On our registration form we will be recommending Fonty’s Pool and the caravan park if people are wanting to make their own accommodation arrangements.
· The Apex motto is good food, good fellowship and the privilege to serve and that is something we can certainly do here in Manjimup.
5.2.5 Wayne Edwards – Resident of Manjimup.
· I would like to congratulate the new Councillors.
· A new vision with Councillor Darin as the new Deputy Shire President.
· I read the Visions, Missions, and Values on the website today again.
· I think it would be a good time for Councillors to read it and become familiar with it.
· I would ask why the 4th mission statement is omitted from the Agenda and how long has it been omitted for?
· I did submit a comment on the sale of Jaycees Park.
The Shire President responded: The other documents that are available on the website are the Community Strategic Plan, the Corporate Business Plan, the 10 Year Road Program, roads, footpaths and drainage. There are a number of documents including Standing Orders and the Code of Conduct and I will be urging the Councillors new and old to read those documents. Thank you for taking an interest in Council matters.
5.2.6 Mason Nix.
· I’m trying to get me driver’s licence and is it just the State Government or do Local Government have anything to do with it?
The Shire President responded: It is the State Government only. If you go to the Community Resource Centre they will be able to help.
6. PRESENTATIONS:
6.1 Petitions: Nil
6.2 Presentations: Nil
6.3 Deputations: Nil
6.4 Delegates’ reports: Nil
6.5 Conference reports: Nil
7. CONFIRMATION OF MINUTES:
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Moved: Eiby, W Seconded: Taylor, R
That the Minutes of the Ordinary Meeting of the Council held on 3 October 2019 be confirmed. CARRIED: 9/0 |
8. MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN: Nil
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Moved: Eiby, W Seconded: Tapley, D
“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 177 of the Agenda with the exception of: CARRIED: 9/0 |
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Proposed Transfer of Lease over Site 205 Windy Harbour and Consideration of Professional Fisherman Conditions |
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Proposed Local Planning Policy 6.1.23 - Encouraging Public Art |
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Proposed Introduction of Timed Parking - Manjimup Central Business District |
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Proposed New Policy 3.1.6 - Naming of Shire Assets, Tree Plantings, Memorials and Plaques. |
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Proposed Discounts and Incentives for Promotional Days - PowerUp Electricity Museum |
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Airfield Management Committee - Review Terms of Reference and Appointments |
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Local Emergency Management Committee - Review Terms of Reference and Appointments |
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Northcliffe Forest Park Management Committee - Review Terms of Reference and Appointments |
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Northcliffe Town Hall Management Committee - Review Terms of Reference and Appointments |
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Access and Inclusion Advisory Committee - Review Terms of Reference and Appointments |
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Audit Committee - Review Terms of Reference and Appointments |
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Bush Fire Advisory Committee - Review Terms of Reference and Appointments |
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Chief Executive Officer Review Advisory Committee - Review Terms of Reference and Appointments. |
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Manjimup Heritage Park Advisory Committee - Review Terms of Reference and Appointments |
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Manjimup Recreation Advisory Committee - Review Terms of Reference and Appointments |
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Manjimup Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments |
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Northcliffe Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments |
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Pemberton Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments |
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Plant Replacement Committee - Review Terms of Reference and Appointments |
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Walpole Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments |
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Road Infrastructure Advisory Committee - Review Terms of Reference and Appointments |
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Nominations of Persons to Represent Council on External Committees and other Bodies |
Items passed by En Bloc Resolution
9.1.1 Proposed Submission on Privacy and Responsible Information Sharing for the Western Australian Public Sector
9.1.2 Proposed Review of the Shire of Manjimup Code of Conduct
9.1.3 Proposed Submissions on Mandatory Code of Conduct for Council Members, Committee Members and Candidates, and Standards and Guidelines For Local Government CEO Recruitment and Selection, Performance Review and Termination
9.1.4 July - September 2019 Quarterly Report - Office of the CEO
9.3.1 Review of Council Policy 4.2.6 Freedom of Information
9.3.2 Monthly Financial Activity Statement - August 2019
9.3.3 Council Financial Payments July 2019
9.5.2 Retrospective Application for Change of Use from an 'Outbuilding' to a 'Dwelling' at Lot 8670 Gumnut Road, Meerup
9.5.3 Proposed Change of Use from Office to 'Use Not Listed' (Fitness Centre) and Medical Centre at Lot 183 (Shop 3, 5) Pritchard Street, Manjimup
9.5.4 Proposed Change of Use from Office to 'Use Not Listed' Dance Studio at Lot 63 (79-85) Giblett Street, Manjimup
9.5.5 Proposed Oversized Outbuilding at Site 44 Boat Ramp Road, Windy Habour
9.5.6 Delegated Planning Decisions for September 2019
9.5.7 Retrospective Application for Domestic Outbuilding at Lot 21 (4) Muir Street, Manjimup
9.5.8 Proposed Front Fence R-Codes Variation at Lot 60 (12) Muir Street, Manjimup
9.5.9 Proposed Planning Policy - Alfresco Dining
9.7.1 The Keeping of More than Two Cats at No 32 (Lot 23) Brain Street, Manjimup
9.8.1 Temporary Camping Application at Rea Park, Manjimup
9.9.2 Proposed Review of Policy 3.1.3 Community Fund Allocation
9.9.4 Community Services Directorate Quarterly Report July - September 2019
9.12.1 Proposed Closure of a Portion of Unnamed Road Reserve in the Vicinity of Churches Road, Jardee
9.15.1 Unconfirmed Minutes of the Airfield Management Committee Meeting held 11 September 2019
21
9.1.1 Proposed Submission on Privacy and Responsible Information Sharing for the Western Australian Public Sector
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PROPONENT |
Shire of Manjimup |
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OWNER |
N/A |
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LOCATION / ADDRESS: |
Whole of Shire |
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WARD: |
All |
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ZONE: |
All |
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DIRECTORATE: |
Office of CEO |
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FILE REFERENCE: |
F160590 |
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LEGISLATION: |
Privacy Act 1988 (Cth), Public Sector Management Act 1994 |
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AUTHOR: |
Jason Giadresco |
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DATE OF REPORT: |
21 August 2019 |
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DECLARATION OF INTEREST: |
Nil |
Background:
Western Australia is one of only two Australian jurisdictions without whole-of-government privacy legislation. Given the vast amount of information the Western Australian public sector holds, the State Government has committed to address this by introducing privacy and responsible information sharing legislation.
It is proposed that the new legislation would cover the public sector in the broadest sense. This would include every local government organisation, as listed in Schedule 1 of the Public Sector Management Act 1994.
The Department of Premier and Cabinet is seeking input from the public sector and community on this proposed new legislation. A discussion paper has been released with key components of a proposed framework. A copy of the discussion paper is attached.
ATTACHMENT: 9.1.1(1)
PUBLIC Consultation Undertaken:
This discussion paper is part of the process of public consultation on this matter undertaken by the Department of Premier and Cabinet. Submissions on the document close 1 November 2019.
COMMENT (Includes Options):
The absence of a comprehensive privacy and information sharing framework in Western Australia means personal information is protected by a patchwork of rules, and public sector agencies must operate within a complex, inefficient system in order to lawfully and responsibly manage and share the information they hold. This has resulted in:
· fragmented and unclear protections for those whose information is held by the WA public sector;
· reduced public trust and confidence in how data is stored, used and shared;
· an inconsistent and generally risk adverse approach to information sharing between agencies; and
· reduced collaboration and evidence based decision making.
The proposed new legislation will seek to establish:
· standards for the handling of personal information;
· independent oversight by a Privacy Commissioner role;
· a robust and transparent mechanism for sharing information; and
· a data leadership role within the WA Public Sector.
The outcomes of previous consultation on data privacy and information sharing is summarised on page 26 of the Attachment 9.1.1(1).
Reasoning for Information Sharing
To provide Council with clarity as to the intent of the proposed new legislation, generally speaking, it will seek to allow information sharing for the purposes of, but not limited to:
· The welfare, wellbeing or protection of an individual;
· Research and development with clear and direct public benefits;
· Support evidence-based policy making;
· Support the efficient delivery of government services or operations; and
· Assist in the implementation and assessment of government policy.
More detail regarding the above can be found on page 37 of Attachment 9.1.1(1).
Expected Impacts on Local Government
The implementation of any new data regulatory regime or governance model requires the Shire to consider the practical implications that this may have. The introduction of any new privacy protections will likely require:
· The development of new internal policies and processes to support the integration of the new legislation into the Shire’s day-to-day business activities.
· Training of Shire Officers to ensure that they have the skills to interpret and implement the new legislation, and embed the new practices.
· Modification of the Shire’s data management systems to comply with the new legislation, or the development of new technology to assist in meeting legislative requirements in the collection, handling and storing of personal information.
Cost implications of the above are discussed below.
Cost Implications to Shire
Whilst generally supportive of the proposed new legislation, it is hard to ignore that it will likely have a considerable cost impact on local governments, particularly with regards to Officers training and the modification/development of new technology to assist meeting the requirements of the legislation. In light of this, Shire Officers recommend that Council support the cost of Officers training and any technological changes required to implement the new legislation be borne by the State Government.
Consistency of Application of Legislation
Given the complex nature of this type of legislation, internal policy and process around it should maintain a level of consistency with other local governments. Shire Officers recommend that Council support the development of model policies and processes that public sector agencies, such as local governments, can use to ensure that information being collected, shared or stored is done so consistently across the sector.
The ability to have access to information from State agencies will assist the Shire in delivering better informed community outcomes, and aid in the reduction of ‘red tape’ for the community, or individuals having to provide the same information to different government agencies. The use of data as a whole-of-government asset will assist in the delivery of infrastructure and services appropriately and support evidence-based policy making. However, it is expected that there will be considerable legislative protections for organisations that share information, and that the recipient of the information will comply with confidentiality provisions of the public sector agency sharing the information, particularly third party organisations.
Information Security
The discussion paper describes the “Five Safes” on page 41 of the Attachment that are envisaged to be the criteria in which information is shared. The Five Safes detail a set of five principle-driven criteria that must be applied and satisfied before an agency can share information with another party, as shown below:
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Shire Officers recommend that Council support the “Five Safes” as the guiding principles for the sharing of information in the public sector, particularly personal information. The protection of privacy of ratepayers/individuals that have provided their information to the Shire is paramount, and any risk to this information should be minimised if it is to be shared.
Although the discussion paper floats that information may be shared to a third party, subject to vetting through the Five Safes, Shire Officers contend that the recipient of that information must have a suitable level of protections for that information, particularly if it is personal or sensitive as determined by the State Government. This would require that the third party user to have both clear internal management systems for that information and suitable computer hardware/software that can give effective protection to the data that has been shared from third parties who may wish to obtain that information through fraudulent or criminal means. Shire Officers recommend the Council support that prior to the release of personal or sensitive information to a third party user, adequate security for that information must be approved by the State Government.
Proposed Privacy Commissioner and Chief Data Officer
The discussion paper floats the proposition that a Privacy Commissioner by the State Government will be created to ensure accountability and transparency in the sharing of public sector information, and ensure privacy principles are abided by. This would include the imposition of fines to offenders or direct compensation to the aggrieved party should it be found that their privacy has been breached. The Commissioner would also receive and determine complaints on privacy breaches. It is recommended that Council support the appointment of a Privacy Commissioner to oversee the use of information and provide a pathway for the resolution of breaches of personal privacy and enforce penalties.
The paper also proposes the appointment of a Chief Data Officer which would support the public sector in the use of information. This position would establish the standards for information sharing and advocate for best practice in the use of information. The role would also facilitate data sharing, perform data analytics and provide Ministerial advice on data matters. It is recommended that Council support the appointment of a Chief Data Officer on this basis. There will be an ongoing need for local governments to obtain guidance, advice and the maintenance of best practice in data use from a centralised source in the event legislation is adopted.
Use of data by third parties
Shire officers share real concern with the possibility that public sector data may be shared with non-government third parties for purposes not related to public sector activities, or the betterment of local communities. Although this scenario is unlikely, it is considered relevant that Council register its opposition to the use of data in such a manner. Indeed, it would be the community’s expectation that their personal data not be shared for that purpose. A recommendation to this effect is included in the Officer Recommendation.
STATUTORY ENVIRONMENT:
Privacy Act 1988 (Cth), Public Sector Management Act 1994
Policy / Strategic Implications:
The content of the discussion paper is consistent with a number of Community Goals identified in Council’s Strategic Community Plan 2019-2029 including:
Community Goal 5.2: “The Shire’s long-term planning and activities deliver on the community’s goals and aspirations.”
Community Goal 5.8: “The Shire continuously improves organisational performance and service delivery.”
Furthermore, it is anticipated that the adoption of new legislation will likely require the development of new internal procedures and policies, modification of technology systems and training to support the integration of the new requirements into the Shire’s organisational business.
Organisational risk management:
Nil. This review of the discussion paper has no immediate organisational impact. In the event new legislation is implemented, it would be expected that the content would endeavour to reduce risk to local government operations and the wider community.
Financial Implications:
Should some aspects of the proposed new legislation have financial implications, those aspects will need to be factored into Council’s Adopted Budget.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council, in response to the Discussion Paper on “Privacy and Responsible Information Sharing for the Western Australian Public Sector”, requests the Chief Executive Officer to prepare a submission that:
1. Supports the proposed new data legislation subject to:
i. The development of a data security system by third party users that protects the personal details of individuals from misappropriation by unauthorised third parties;
ii. The appointment of a Privacy Commissioner and Chief Data Officer to oversee the control and facilitate the use of public sector data;
iii. The use of the “Five Safes” as proposed in the discussion paper as the basis for the criteria for the inter-agency sharing of personal information;
iv. The setting of common standards and definitions for inter-agency data sharing;
v. Resolution of privacy or information-sharing disputes between agencies and individuals through a Privacy Commissioner;
vi. The imposition of penalties by the Privacy Commissioner for any breach of the proposed new legislation;
vii. The development of model policies and guidelines for local government to aid in the consistent imposition of the new legislation;
viii. The cost of training of local government Officers to administer and interpret the new legislation being borne by the State Government;
ix. The cost of any modification or addition to local government resources to facilitate the uptake of the new legislation being borne by the State Government;
x. Data being used for purposes related to the well-being, welfare or protection of an individual, reducing the threat to life, health or safety;
xi. Data being shared for research and development with clear and direct public benefits;
xii. Data being used to support evidence-based policy making; and
xiii. Data being used to support the effective delivery of government services or operations.
2. Does not support the proposed new data legislation in the event that it is to be used:
i. By non-government third parties for the purposes of direct marketing, or the profiling of individuals for commercial or insurance purposes.
|
Moved: Eiby, W Seconded: Tapley, D
That Council, in response to the Discussion Paper on “Privacy and Responsible Information Sharing for the Western Australian Public Sector”, requests the Chief Executive Officer to prepare a submission that: 1. Supports the proposed new data legislation subject to: i. The development of a data security system by third party users that protects the personal details of individuals from misappropriation by unauthorised third parties; ii. The appointment of a Privacy Commissioner and Chief Data Officer to oversee the control and facilitate the use of public sector data; iii. The use of the “Five Safes” as proposed in the discussion paper as the basis for the criteria for the inter-agency sharing of personal information; iv. The setting of common standards and definitions for inter-agency data sharing; v. Resolution of privacy or information-sharing disputes between agencies and individuals through a Privacy Commissioner; vi. The imposition of penalties by the Privacy Commissioner for any breach of the proposed new legislation; vii. The development of model policies and guidelines for local government to aid in the consistent imposition of the new legislation; viii. The cost of training of local government Officers to administer and interpret the new legislation being borne by the State Government; ix. The cost of any modification or addition to local government resources to facilitate the uptake of the new legislation being borne by the State Government; x. Data being used for purposes related to the well-being, welfare or protection of an individual, reducing the threat to life, health or safety; xi. Data being shared for research and development with clear and direct public benefits; xii. Data being used to support evidence-based policy making; and xiii. Data being used to support the effective delivery of government services or operations. 2. Does not support the proposed new data legislation in the event that it is to be used: i. By non-government third parties for the purposes of direct marketing, or the profiling of individuals for commercial or insurance purposes. ADOPTED BY EN BLOC RESOLUTION: 9/0 |
APPENDIX
9.1.2 Proposed Review of the Shire of Manjimup Code of Conduct
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160556 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
14 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup’s Code of Conduct was last reviewed by Council on 5 October 2017. A copy of the existing Code of Conduct is appended.
APPENDIX: 9.1.2 (A)
Section 5.103 of the Local Government Act 1995 requires every local government to adopt a Code of Conduct which is to be observed by Councillors, Committee Members and Employees.
It is appropriate that the Code of Conduct be reviewed from time to time and recently Council has reviewed the document every two years around the ordinary Council elections time to keep it up to date and bring the matter to the attention of any new Councillors. It is noted that Codes of Conduct across the Local Government sector are currently under consideration in the review of the Local Government Act 1995, however any changes are expected to take some time to introduce.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Code of Conduct has been reviewed by the Chief Executive Officer and a summary of the minor proposed changes made are found in the table following:
|
Item |
Comment |
|
Updating dates to 2019. |
Self-explanatory. |
|
Including the CEO in the foreword to the document. |
The Code of Conduct applies to both Councillors and employees. |
The proposed new Shire of Manjimup Code of Conduct 2019 is attached for Council’s consideration.
ATTACHMENT: 9.1.2(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995, Section 5.103 and Local Government (Rules of Conduct) Regulations 2007.
Policy / Strategic Implications:
The Code of Conduct is an important tool used to operate a local government organisation in an open and transparent way. A Code of Conduct is a legislative requirement applicable to local government in Western Australia.
Organisational risk management:
A Code of Conduct guides the open and transparent use of public funds via the enforcement of good governance practices.
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt the Shire of Manjimup Code of Conduct 2019 in accordance with Attachment: 9.1.2(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council adopt the Shire of Manjimup Code of Conduct 2019 in accordance with Attachment: 9.1.2(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
43
9.1.3 Proposed Submissions on Mandatory Code of Conduct for Council Members, Committee Members and Candidates, and Standards and Guidelines For Local Government CEO Recruitment and Selection, Performance Review and Termination
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
N/A |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F160587 |
|
LEGISLATION: |
Local Government Act 1995, Local Government Legislation Amendment Act 2019. |
|
AUTHOR: |
Andrew Campbell / Jason Giadresco |
|
DATE OF REPORT: |
8 October 2019 |
|
DECLARATION OF INTEREST: |
This item discusses material that specifically relates to local government CEO, Councillor, Committee Member and Candidate responsibilities. However, this material is considered to be an ‘interest in common’ because of its generic consultative nature and not being specific to the Shire of Manjimup. The CEO of Shire of Manjimup is a co-author of this report. |
Background:
The Local Government Legislation Amendment Act 2019 (the Amendment Act) will introduce new requirements for Council members and local government Officers, in relation to Codes of Conduct and CEO recruitment, performance and termination.
In light of the above, the Department of Local Government, Sport and Cultural Industries (DLGSCI) have released two papers for consultation, both of which are attached below for Council’s reference:
· Draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates (the Model Code); and
ATTACHMENT: 9.1.3(1)
· Draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination (the CEO Standards).
ATTACHMENT: 9.1.3(2)
The proposed new Model Code and CEO Standards will detail the changes made through the Amendment Act to guide Councillors and Officers in their roles.
The Western Australian Local Government Association (WALGA) has also released two draft submission papers on the two DLGSCI documents, seeking Council feedback. Copies of the WALGA draft submissions are attached below:
· Draft WALGA submission on Draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates; and
ATTACHMENT: 9.1.3(3)
· Draft WALGA submission on Draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination.
ATTACHMENT: 9.1.3(4)
The purpose of this report is for Council to consider the content of both these documents, with the view to formally providing formal submissions to the DLGSCI and WALGA.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Document Relation to Agenda Item 9.1.2
For the benefit of Council, and to allay any confusion, it is noted that Item 9.1.2 of this Council Agenda pertains to the adoption of the Code of Conduct by Council and this should be considered as a separate matter. This item is to consider the draft Model Code consultation paper on its merits, and once it has been finalised by the DLGSCI, the Code of Conduct provided in Item 9.1.2 will need to be further reviewed and presented again to Council for adoption. As no specific timeframe has been provided by DLGSCI as to when the finalisation of the new Model Code will occur it is appropriate to review the existing Code of Conduct now to ensure currency.
Consideration of WALGA draft submissions
Shire Officers have considered the content of both the draft WALGA submissions, and are satisfied the content reflects the likely position of the Shire of Manjimup.
It is noted that the draft submission on the Mandatory Code of Conduct for Council Members, Committee Members and Candidates, WALGA has requested specific feedback from local governments on a number of matters, including a complaints management process and advice relating to Council’s current Code of Conduct processes and consequences associated with managing behavioural breach allegations.
It is recommended by Shire Officers that Council endorse the draft WALGA submissions as provided. Alongside the endorsed WALGA submissions, Council’s comment on the proposed DLGSCI documents will be provided also. This endorsement will be reflected in the Officer Recommendation.
Comment on Consultation Design
Prior to Council’s consideration of the surveys below, the authors wish to advise Council that they are concerned with the consultative methodology of the surveys prepared by the DLGSCI for both documents. Shire officers upon undertaking the surveys in Sections 1 and 2 below, noted the design of the surveys by the DLGSCI appears to be pre-emptive and guided to achieve specific outcomes with each survey question. It appears that the surveys have been formulated to effect a particular outcome, rather than an outcome formulated through the views of the consultation’s participants. Shire Officers recommend that Council advise DLGSCI of its concern with the presentation of the consultation on both documents.
SECTION 1 - Consideration of draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates
Under the Amendment Act, Section 5.103(2) of the Local Government Act 1995 (the Act) has been amended as follows:
(2) The model code of conduct must include-
(a) general principles to guide behaviour;
(b) requirements relating to behaviour; and
(c) the rules of conduct.
With reference to this amended section of the Act above, the draft Model Code has been constructed in three parts:
· Part A – Principles
Council members, committee members and candidates are expected to adhere to and promote and support the principles contained within this section.
Adhering to these principles will ensure that council members and candidates can comply with the behaviours outlined in Part B or conduct as outlined in Part C. All behaviour should be considered against these principles, whether or not it is covered specifically in Part B or Part C.
· Part B – Behaviours
Part B sets out the standards of behaviour which enable and empower council members to meet the principles outlined in Part A. Behaviour is expected to be managed at the local level by the local government, so Part B also deals with how complaints are to be managed.
Failure to comply with this Part may give rise to a complaint against a council member’s conduct, followed by a subsequent investigation and possible corrective action by the local government. The emphasis should be on an educative role to establish sound working relationships and avoid repeated breaches, rather than punishment.
· Part C –Rules of Conduct
Rules of conduct breaches are matters that:
• Negatively affect the honest or impartial performance of a council member;
• Involve a breach of trust placed in the council member; or
• Involve the misuse of information or material.
Alleged breaches of this Part can be referred to the Local Government Standards Panel (Standards Panel) in accordance with the Local Government Act 1995 (the Act). A breach of this Part is a “minor breach”.
Local Governments will not be able to amend Parts A and C. Additional content may be included in Part B which is not inconsistent with the Model Code.
For the purposes of formulating Council’s submissions on the Model Code and CEO Standards, Council will note that the surveys for each document have been provided by DLGSCI for the purposes of informing their reconsideration of the draft, located at the rear of the attachments. Questions 12 to 38 from the Code of Conduct and Questions 12 to 33 from the CEO Standards have been extracted from these surveys, divided into their respective Parts, and officer comment on each has been provided below. Multiple choice survey question answers have been highlighted in grey.
Part A – Principles
Question 12 – Please indicate your support of the following Personal Integrity Principles
1.1 Act with care and diligence and participate in decision making in an honest, fair, impartial and timely manner, considering all relevant information.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.2 Act with honesty, integrity and uphold the concept of natural justice.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.3 Identify, declare and appropriately manage any conflicts of interest in the public interest and interests of the Council including not accepting gifts that may give the appearance of a conflict of interest or an attempt to corruptly influence behaviour.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.4 Uphold the law, and, on all occasions, act in accordance with the trust placed in council members.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.5 Avoid damage to the reputation of the local government.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.6 Not be impaired by mind effecting substances while performing official duties.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
Do you have any comments on these principles?
|
No comment. The principles are clear, consistent and self-explanatory. |
Question 13 - Please indicate your support of the following Relationships With Others Principles
1.7 Treat others with respect, courtesy and fairness.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.8 Maintain and contribute to a harmonious, safe and productive work environment for all.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.9 Respect and value diversity in the workplace and in the community.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
Do you have any comments on these principles?
|
No comment. The principles are clear, consistent and self-explanatory. |
Question 14 - Please indicate your support of the following Accountability Principles
1.10 Base decisions on relevant and factually correct information and make decisions on merit and in accordance with statutory obligations and good governance.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
1.11 Be open and accountable to the public, represent all constituents and make decisions in the public.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
Do you have any comments on these principles?
|
No comment. The principles are clear, consistent and self-explanatory. |
Question 15 - Should any additional principles be incorporated in Part A?
|
The draft principles as designed are considered, relevant, workable and consistent. |
Part B – Behaviour
Question 16 - Please indicate your support for the following Personal Integrity Behaviours.
2.1 Act in line with the principles outlined in this Code when performing official duties.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.2 Attend and participate constructively in council meetings, briefings, relevant workshops and training opportunities.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.3 Respect and comply with all council policies, procedures and resolutions.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.4 Ensure professional behaviour is not compromised by the use of alcohol or drugs.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.5 Use all forms of media, including social media, in a way that complies with this Code.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
Do you have any comments on these behaviours?
|
The behaviours 2.1 to 2.5 are supported. |
Question 17 - Please indicate your support for the following Relationships with Others Behaviours.
2.6 Treat other council members, council employees and members of the public with courtesy, respect, honesty and fairness.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.7 Do not bully or harass council Officers, other council members or members of the public in any form, including social media.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.8 Deal with the media in a positive, informative and appropriate manner in accordance with the Local Government Act 1995 and relevant local government policies.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.9 While acting as a council member, do not:
(i) Use offensive or pejorative language in reference to another council member, council employee or member of the public; or
(ii) Disparage the character of any council member or council employee or impute dishonest or unethical motives to them in the performance of their duties.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.10 When attending a council or committee meeting, do not:
(i) Behave in an abusive or threatening manner towards another council member or other person attending the meeting;
(ii) Make statements that the person knows, or could be reasonably expected to know, that are false or misleading;
Or
(iii) Repeatedly disrupt the meeting
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.11 When attending a council or committee meeting:
(i) Comply with the local law that relates to conduct of people at council or committee meetings;
(ii) Promptly comply with any direction given by the presiding member at that meeting; and
(iii) Immediately cease any conduct that has been ruled out of order by the presiding member in accordance with the local government’s local law.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.12 Direct all requests for work or actions by council Officers to the CEO or the CEO’s nominated delegate.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
Do you have any comments on these behaviours?
|
The above behaviours 2.6 to 2.12 are supported. |
Question 18 - Please indicate your support for the following Accountability Behaviours.
2.13 Make decisions honestly and impartially, considering all available information, legislation, policies and procedures.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.14 Take responsibility for decisions and actions.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.15 Abide by the decisions of council and publicly support the decisions even if of an alternative view.
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
2.16 Adhere to the principles in the:
(i) Occupational Safety and Health Act 1984(WA);
(ii) Equal Opportunity Act 1984(WA);
(iii) Racial Discrimination Act 1975(Cth); and
(iv) Sex Discrimination Act 1984 (Cth).
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
|
ü |
Do you have any comments on these behaviours?
|
It is recommended that Council support training, mediation, counselling or the issuing of an apology to the affected party in the event of a first ‘minor breach’ of the requirements of Part B. Should the behaviour and breaching of this Part be ongoing, reference of the issue to the Local Government Standards Panel should be actioned. |
Question 19 - Should any additional behaviours be incorporated in Part B?
|
The behaviours as described in this Part are considered prescriptive enough to ensure that Council can operate in a courteous, efficient environment. |
Question 20 - Part B of the Code includes a complaint management process. Should this part include a time period in which complaints must be lodged after the alleged breach occurred?
o No time period
o 1 month
o 3 months
o 6 months
o Other (please specify)
|
Officer Comment |
Question 21 - Who is the best person for Part B complaints to be directed to?
o Mayor or President
o Deputy Mayor or President
o Presiding member
o Chief Executive Officer
o Nominated local government employee
o Other (please specify)
|
Officer Comment |
|
It is the opinion of the authors that both the Shire President and CEO are in the best position to manage a complaint dependent on the individual circumstances, due to their impartiality and knowledge. |
Question 22 - What actions are appropriate for councils to impose if a Part B breach is found?
o Apology
o Training
o Mediation
o Counselling
o Other (please specify)
|
All actions are considered appropriate, dependent on the type of breach, its severity, and who the issue affects. For example, counselling may be appropriate if an Elected Member is appearing at Council Meetings under the influence of alcohol or drugs. Alternatively, in the event an Elected Member verbally abuses another Councillor or Officers member, a combination of actions may be appropriate to remedy the issue. |
Question 23 - Do you have any suggestions for specific actions that could be incorporated into the guidelines?
|
The actions listed in the document are considered prescriptive enough to allow Council to function effectively. |
Question 24 - Should recurrent breaches of behaviour be referred to the Local Government Standards Panel?
o Yes
o No
Please provide a reason(s) for your answer
|
Should recurrent breaches of behaviour be taking place, it is clear that the Council cannot easily remedy the issue, and that the Standards Panel should at this point intervene. The Standards Panel should be adequately resourced and able to actively investigate the issue and resolve it. |
Question 25 - Should Council be required to develop an action plan and give the council member an opportunity to resolve their behaviour before a third complaint is referred to the Standards Panel under Part C?
o Yes
o No
o Other (please specify)
|
Officer Comment |
|
Yes. The opportunity to rectify a minor breach internally supported by an action plan is considered desirable. It is expected that a standard action plan template be developed by the DLGSCI that can be utilised. |
Question 26 - How beneficial would it be for local governments to engage an independent person to assist with the review of complaints?
o Extremely useful
o Very useful
o Somewhat useful
o Not so useful
o Not at all useful
o Other (please specify)
|
Officer Comment |
|
The engagement of a third party, independent of both a council and the DLGSCI would not be considered useful. It is anticipated that any decision made by this third party would be difficult to enforce, may be dissimilar to similar consideration of the same breach committed either within the same council or in others. It would also place a cost impost on councils, some of whom may not be able to afford the services of an external party. |
Question 27 - What should happen if a council cannot agree on an investigation or course of action following an alleged breach of Part B?
o An independent person should be engaged to conduct a review
o The complaint should be dismissed
o The Mayor or President makes the decision
o The CEO makes the decision
o Other (please specify)
|
Should a council not be able to agree on an investigation or course of action following an alleged breach, the matter should be then referred to the Local Government Standards Panel to determine an appropriate course of action. The Standards Panel should act as the independent party in the objective assessment of the breach. The engagement of an independent third party outside of a council or government would, in the opinion of the authors, not carry sufficient weight to enforce any remedial action. |
Part C – Rules of Conduct
Question 36 - Do you have any comments or feedback on Part C?
|
It is recommended that Council support the WALGA submission on Part C of the Model Code. It is the opinion of the authors that the “Elements of Rule of Conduct” provides value and clarity to Elected Members in understanding their obligations. |
Question 37 - Are the guidelines a useful tool to accompany the Code?
o Extremely useful
o Very useful
o Somewhat useful
o Not so useful
o Not at all useful
Please specify why:
|
The guidelines are effective in that they are provide adequate explanation of the Model Code as proposed, and guide interpretation of the Model Code by the user. |
Question 38 - Do you have any suggestions for additional inclusions in the guidelines?
|
No comment. |
SECTION 2 - Consideration of draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination
Question 12 - How frequently should a council be required to re-advertise the CEO position?
a. At the conclusion of the term of the CEO’s contract
b. Where a person has occupied the CEO position for two (2) consecutive terms
c. Where a person has occupied the CEO position for ten (10) consecutive years
d. When council determines
e. Unsure
f. Other (please specify)
Question 13 - To what extent do you support the following statement?
“A local government should be required to undertake ‘blind CV recruitment’ (i.e. redacting personal details and any diversity specific information from curriculum vitae) to avoid bias in the early stages of the recruitment process.”
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
ü |
|
|
|
|
|
As local government is an industry with a lot of transparency it would be very easy to identify candidates based on previous work experience. |
Question 14 - To what extent do you support the following statement?
“The selection panel must include at least one person who is independent of the council to assist the council in selecting the CEO”
|
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
ü |
|
|
|
|
This decision should be left up to Council to determine whether it is required or not. |
Question 15 - If a council is required to have an independent person on the selection panel to assist them in selecting a CEO, who should the independent person be?
|
☐ |
A recruitment/human resources consultant |
|
☐ |
A community member |
|
☐ |
A person with experience in local government |
|
☐ |
A person with experience in appointing senior executives |
|
☐ |
Unsure |
|
☐ |
Other (please specify)
|
|
This decision should be left up to Council to determine. |
Question 16 - To what extent do you support the following statement?
“If a council is required to have an independent person on the selection panel to assist them in selecting a CEO, the independent person must not be a current council member or Officers member of any local government”
|
Not supported. This decision should be left up to Council to determine. |
Question 17 - Should there be any other restrictions on who the independent person on a selection panel should be?
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
ü |
|
|
|
|
|
This decision should be left up to Council to determine. |
Question 18 - How frequently should a council review the performance of the CEO?
a. Annually
b. Twice annually
c. Quarterly
d. Every two years
e. When council determines a performance review is required
Question 19 - To what extent do you support the following statement?
“A local government should be required to establish a performance review panel, which must include at least one person who is independent of the council, to assist the council in assessing the performance of a CEO”
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
ü |
|
|
|
|
|
This decision should be left up to Council to determine. This also would come at considerable cost. |
Question 20 - If a council is required to have an independent person assist them in assessing the performance of a CEO as part of a performance review panel, who should the independent person be?
|
☐ |
A recruitment/human resources consultant |
|
☐ |
A community member |
|
☐ |
A person with experience in local government |
|
☐ |
A person with experience in appointing senior executives |
|
☐ |
Unsure |
|
☐ |
Other (please specify)
|
|
This decision should be left up to Council to determine |
Question 21 - Should there be any restrictions on who the independent person should be?
a. Yes
b. No
c. If yes, please specify
Question 22 - To what extent do you support the following statement:
“The legislation should provide a minimum notice period that the council provides to the CEO if the council terminates the CEO’s employment before the expiry date of the employment contact”
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
ü |
|
Question 23 - If the legislation required council to provide the CEO with a minimum notice period of the early termination of the CEO’s employment, what should the minimum notice period be?
a. Two (2) weeks
b. Four (4) weeks
c. Other (please specify)
|
This is the current standard applicable in the model CEO contract. |
Question 24 - Who should be responsible for monitoring and enforcing the CEO standards?
a. Public Sector Commission or other integrity agency
b. Department of Local Government, Sport and Cultural Industries
c. Independent office of Local Government Commissioner
d. Joint Panel consisting of nominees from the WA Local Government Association (WALGA) and the Local Government Professionals WA (LGPro WA)
e. Local Government Standards Panel (expanded role)
f. Other (please specify)
Question 25 - To what extent do you support the following statement?
“If a Local Government Commissioner were to be established, local governments should be required to pay a levy to fund its establishment and operation”
|
Not supported. The cost should be borne by the State. |
Question 26 - What powers should the body responsible for monitoring and enforcing the standards have? (please choose one or more of the following options)
|
x |
To order a local government to restart a process (recruitment, selection, performance review or termination) or remedy a defect |
|
☐ |
To order that a third party be involved in the performance review process |
|
x |
To order that a local government engages in mediation or arbitration to resolve a dispute (this could be disputes between council members or between council members and the CEO) |
|
x |
To arbitrate or make a ruling on a matter |
|
☐ |
To prepare a report on contract termination (for potential referral for industrial relations action) |
|
x |
To provide a report to the Minister for Local Government or the Director General of the Department of Local Government, Sport and Cultural Industries for consideration in relation to powers to suspend, dismiss or order remedial action whether in regards to the entire council or individual council members |
|
x |
To order that a local government seeks professional advice or assistance from an independent person |
|
☐ |
Unsure |
|
☐ |
Other (please specify)
|
Question 27 - To what extent do you support the following statement?
“If the body responsible for monitoring and enforcing the CEO standards directed a local government to undertake mediation or arbitration to resolve a dispute, the costs of the dispute resolution should be borne by the local government.”
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
ü |
|
|
If a matter got to this point it is considered reasonable that a local government would be expected to pay. |
Question 28 -To what extent do you support the following statement?
“If a council has not complied with the standard for a particular process, they should be required to recommence the process”
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
ü |
|
|
Standards are established for a reason and failure to comply short require the recommencement of the process. |
Question 29 - To what extent do you support the following statement?
“Local governments should be subject to penalties if they do not comply with the CEO standards”
|
Very unsupportive |
Unsupportive |
Neutral |
Supportive |
Very supportive |
|
|
|
|
ü |
|
|
There should be a consequence for failing to meet standards, this will ensure a greater attention to detail by local government. |
Question 30 - Do you have any additional comments in relation to the CEO standards?
|
No. |
Question 31 - How useful are the proposed guidelines?
|
Extremely useful |
Very useful |
Moderately useful |
Slightly useful |
Not at all useful |
|
|
|
ü |
|
|
Please specify why:
|
There are reasonable considerations within the guidelines however some aspect require either further justification as to the reason they are included or alternately they should be removed. |
Question 32 - Do you have any suggestions regarding any changes that need to be made to the proposed guidelines or is there anything else you think should be included in the guidelines? (please specify)
|
Nothing that has not already been commented on. |
Question 33 - Do you have any additional comments in relation to the guidelines?
|
No. |
STATUTORY ENVIRONMENT:
Local Government Act 1995 and Local Government Legislation Amendment Act 2019.
Policy / Strategic Implications:
The prospective actions and requirements of the two documents will require the review and readoption by Council of a new Code of Conduct within 3 months of the Mandatory Code of Conduct for Council Members, Committee Members and Candidates being approved by the DLGSCI. It will also require the review of a number of Council policies to ensure any change is incorporated.
Adoption of the proposed Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination will likely require review and readoption of Council’s policies and procedures with regard to the future recruitment of a CEO for the Shire of Manjimup.
Organisational risk management:
Nil. This review of these two DLGSCI documents has no immediate organisational impact. In the event a revised Code of Conduct or CEO Recruitment Standards are implemented it would be expected the content of both would endeavour to reduce risk to local government operations.
Despite the above, there does appear to be risk in that local Councils could be potentially disempowered by the State Government in their ability to make their own decisions.
Financial Implications:
Should some aspects with financial implications be included in the new Code of Conduct and CEO Recruitment Standards, the cost of those aspects will need to be factored into the local governments’ operational budget.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Request the Chief Executive Officer to prepare a submission response to the surveys provided by the Department of Local Government, Sport and Cultural Industries on:
a) the Draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates as attached at 9.1.3(1) and as articulated through survey Questions 12 to 38 within the Comment section of this report.
b) the Draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination as attached at 9.1.3(2) and as articulated through survey Questions 12 to 33 within the Comment section of this report.
2. Endorse the submissions made by the Western Australian Local Government Association on the Draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates as attached at 9.1.3(3), and the Draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination attached at 9.1.3(4) of this report, and including Council’s comment as prepared in accordance with Point 1.
3. Advise the Department of Local Government, Sport and Cultural Industries that it is concerned with the method of consultation utilised on both papers as attached at 9.1.3(1) and 9.1.3(2), as both survey questionnaires appear to be pre-emptive and guided to achieve a desired outcome.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Request the Chief Executive Officer to prepare a submission response to the surveys provided by the Department of Local Government, Sport and Cultural Industries on: a) the Draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates as attached at 9.1.3(1) and as articulated through survey Questions 12 to 38 within the Comment section of this report. b) the Draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination as attached at 9.1.3(2) and as articulated through survey Questions 12 to 33 within the Comment section of this report. 2. Endorse the submissions made by the Western Australian Local Government Association on the Draft Mandatory Code of Conduct for Council Members, Committee Members and Candidates as attached at 9.1.3(3), and the Draft Standards and Guidelines for Local Government CEO Recruitment and Selection, Performance Review and Termination attached at 9.1.3(4) of this report, and including Council’s comment as prepared in accordance with Point 1. 3. Advise the Department of Local Government, Sport and Cultural Industries that it is concerned with the method of consultation utilised on both papers as attached at 9.1.3(1) and 9.1.3(2), as both survey questionnaires appear to be pre-emptive and guided to achieve a desired outcome.
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
9.1.4 July - September 2019 Quarterly Report - Office of the CEO
|
PROPONENT |
Chief Executive Officer |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
All |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F160956 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Andrew Campbell |
|
DATE OF REPORT: |
12 August 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A report outlining activities for quarter ending 30 September 2019 for the Office of the Chief Executive Officer is attached.
ATTACHMENT: 9.1.4 (1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The report outlines progress on key activities undertaken by the Office of the CEO for the quarter and focus for the forthcoming quarter. The purpose of the report is to inform Councillors and provide an opportunity to respond to any queries arising on those activities.
STATUTORY ENVIRONMENT:
Nil
Policy / Strategic Implications:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the July – September 2019 Quarterly Report – Office of the CEO as contained in Attachment: 9.1.4(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receive the July – September 2019 Quarterly Report – Office of the CEO as contained in Attachment: 9.1.4(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
47
APPENDIX
9.3.1 Review of Council Policy 4.2.6 Freedom of Information
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
N/A |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F161011 |
|
LEGISLATION: |
Local Government Act 1995 Freedom of Information Act 1992 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
8 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Policy 4.2.6 Freedom of Information was last reviewed in May 2015 and was scheduled for review in 2019.
APPENDIX: 9.3.1(A)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There is a minor change in this policy revision with the “Decision Maker” being the Director of Business to reflect the current organisation structure.
ATTACHMENT: 9.3.1(1)
STATUTORY ENVIRONMENT:
The have been no significant changes in the legislation that governs the policy.
Policy / Strategic Implications:
It is important to have clear guidelines for members of the public and staff when administering Freedom of Information requests.
Organisational risk management:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt reviewed Council Policy 4.2.6 Freedom of Information as per Attachment 9.3.1(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council adopt reviewed Council Policy 4.2.6 Freedom of Information as per Attachment 9.3.1(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
50
9.3.2 Monthly Financial Activity Statement - August 2019
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Whole Shire |
|
LOCATION / ADDRESS: |
Whole Shire |
|
WARD: |
Whole Shire |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F160188 |
|
LEGISLATION: |
Local Government Act 1995; Local Government (Financial Management) Regulations 1996 |
|
AUTHOR: |
Greg Lockwood |
|
DATE OF REPORT: |
11 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Financial Management Regulations require monthly Financial Activity Statement reports to be prepared and presented to Council, containing the following information;
ü Annual budget estimates;
ü Estimates to end of month;
ü Actual expenditure;
ü Actual income;
ü Material variances; and
ü Net current assets.
The Financial Activity Statement report for the period to 31 August 2019 is attached. The report is summarised by Function/Activity with operating comments via department.
ATTACHMENT: 9.3.2 (1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The financial performance for the Shire of Manjimup to the 31 August 2019 is a projected neutral end of year position.
The neutral end of year projection is based on a conservative approach highlighting possible issues as they occur, which in most cases can be rectified or offset with under expenditure in other areas as the Shire progresses through the financial year.
One of the key processes after the budget adoption is the raising and distribution of Rates Notices to rate payers throughout the Shire. Rates were raised and began circulation on the 5 August 2019.
At the 27 September 2019 $6,860,382 of rates had been received, a very similar amount at the same time last year. Below is a snapshot of the payment methods chosen by Rate Payers:
• Paid in Full – 53.6%
• Paid 1st Instalment Option – 29.5%
• On Payment Individualised Plan – 3.5%
• Final Notice Issued – 13.4%
The figures above compared to previous years, has seen a slight reduction in rates paid in full as well as a reduction in instalment option 1 being chosen. The area of unwanted growth is in unpaid rates. Those Rate Payers that did not make any payment or have not contacted the Shire’s Rates Officer to make a payment plan, will receive a Final Notice which were sent out on 4 October 2019. This process tends to sort out the majority of unpaid rates through ratepayers forgetting their obligation and pay in full, or rate payers setting up a payment plan to clear their rates account by 30 June 2020.
Other than the decrease in the Financial Assistance Grant detailed in the July 2019 Monthly Activity Statement there has been no other items of concern to come from August 2019 operating activity, and with sound financial management going forward by all departments, Council should be in a neutral or minor surplus position at the 30 June 2020.
STATUTORY ENVIRONMENT:
Section 6.8 Local Government Act and Financial Management Regulation 34.
Policy / Strategic Implications:
Nil
Organisational risk management:
Nil
Financial Implications:
As described in above summary.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Monthly Financial Activity Statement Report for August 2019 as per Attachment: 9.3.2(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receive the Monthly Financial Activity Statement Report for August 2019 as per Attachment: 9.3.2(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
54
9.3.3 Council Financial Payments July 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: |
11 October 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 $1,355,135.87 for the month of July 2019 are itemised in the attachment and in the Corporate Credit Card statement listed below.
ATTACHMENT: 9.3.3(1)
Vouchers for the expenditure are available for inspection at the Council Meeting of 24 October 2019.
|
Fund |
Vouchers |
Amount |
|
Municipal |
92089 - 94016 |
$111,506.69 |
|
Trust Fund |
Nil |
$0 |
|
Total Cheques for Month of July 2019 |
$111,506.69 |
|
Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 24 October 2019.
|
Fund |
Batch |
Amount |
|
Municipal |
1 – 6 |
$1,236,903.36 |
|
Total EFT for Month of July 2019 |
$1,236,903.36 |
|
Corporate Credit Card July 2019 – Municipal Account
|
20049.197.57 |
Golden Wattle Café Walpole Walpole town meeting meal CEO & Councillor |
$21.50 |
|
|
20047.81.52 |
Town of Cambridge Parking CEO – WALGA meeting |
$4.20 |
|
|
20047.81.52 |
Pan Pacific Perth Meal & Parking for CEO – WALGA meeting |
$68.75 |
|
|
86.4999.6405.57 |
ADOBE Creative Cloud CS7 Suit for PRO to design documents |
$74.76 |
|
|
99999.908.99 |
Westnet Internet Services 1/6/19 – 1/7/19 |
$399.79 |
|
|
150.9571.3240.57 |
Westlab Ballarat 4x Lab coats (various sizes) |
$116.60 |
|
|
150.9571.3240.50 |
Paypal *Candle AACM 2kg white microcrystalline wax |
$47.56 |
|
|
20221.196.57 |
Our Community Pty Ltd Funding Centre Plus membership – Multi users |
$400.00 |
|
|
20049.197.57 |
SQ *Southern Roasting Manjimup SMT breakfast meeting ST: 7 |
$100.50 |
|
|
54.2946.8040.57 |
DWER – Water Clearing permit Wheatley Coast Road |
$200.00 |
|
|
20410.400.52 |
DMIRS – Online Payment Perth Renewal high risk work licence – D. Coulter |
$50.40 |
|
|
20410.398.52 |
Fleurs of Bunbury Flowers for Roger Surrall |
$60.00 |
|
|
20049.197.57 |
SQ *Southern Roasting Manjimup SMT breakfast meeting ST:5 |
$91.50 |
|
|
BH07.4.57 |
Drivelineservaust6 Welshpool John Deer Shaft plus freight |
$758.70 |
|
|
20215.356.57 |
BigW Online New & replacement books & DVDs for Libraries |
$200.00 |
|
|
20215.356.57 |
JBHiFi.com.au New & Replacement DVDs for Libraries |
$270.79 |
|
|
20215.355.57 |
DVD Warehouse Replacement DVD cases (various sizes) for Libraries |
$280.33 |
|
|
20219.29.52 |
Alice In The Terrace Museum conference accommodation meal costs |
$34.00 |
|
|
20215.356.57 |
Booktopia Pty Ltd New & Replacement books for Libraries |
$497.75 |
|
|
20030.813.57 |
Two Little Black Birds Council Dinner 23/5/19 |
$455.00 |
|
|
20215.356.57 |
Sanity Web Store New & replacement DVDs for Libraries |
$18.55 |
|
|
20215.356.575 |
Sanity Web Store New & replacement DVDs for Libraries |
$528.41 |
|
|
20221.812.57 |
Auspire Australia Day council membership |
$594.00 |
|
|
20215.356.57 |
Sanity Web Store New & replacement DVDs for Libraries |
$15.22 |
|
|
20221.812.57 |
Wes Components 12v battery replacement for P.A system |
$39.85 |
|
|
150.9571.3240.57 |
Lightinthebox.com Returned A4 magnifying sheet (no LED) |
-$31.25 |
|
|
20221.197.57 |
The Reject Shop 1x 12ltr storage box (tool kit for events) |
$6.00 |
|
|
20148.198.52 |
Paypal *Kineo 6x Online training to assist client with medications |
$300.00 |
|
|
20219.198.52 |
All Seasons Perth 1x Night Accommodation & Breakfast ELO – Events Planning for Success |
$80.58 |
|
|
20219.29.52 |
EHA (WA) Inc Registration – Events Planning for Success Seminar ELO |
$175.00 |
|
|
20221.812.57 |
Slimline Warehouse |
-$90.97 |
|
|
20148.198.52 |
PP*Edhealthaus 1x Diabetes Manual |
$306.90 |
|
|
20221.197.57 |
Pemberton IGA Pemberton Co-location meeting meal groceries |
$29.27 |
|
|
20221.197.57 |
Coles Breakfast for meeting - Education Visions ST:1 NS:10 |
$14.53 |
|
|
150.9571.3240.57 |
Officeworks online 2x A4 Clipboards, 12x Stackable single drawers & 1x Whiteboard cleaner |
$607.60 |
|
|
Total Credit Card Payments |
$6,725.82 |
||
|
Total Payments for the month July 2019 |
$1,355,135.87 |
||
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 July 2019 totalling $1,355,135.87 as detailed in Corporate Credit Card Statement and Attachment: 9.3.3(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receive the accounts paid during July 2019 totalling $1,355,135.87 as detailed in Corporate Credit Card Statement and Attachment: 9.3.3(1). ADOPTED BY EN BLOC RESOLUTION: 9/0 |
59
9.5.2 Retrospective Application for Change of Use from an 'Outbuilding' to a 'Dwelling' at Lot 8670 Gumnut Road, Meerup
|
PROPONENT |
N & C Ball |
|
OWNER |
N & C Ball |
|
LOCATION / ADDRESS: |
Lot 8670 Gumnut Road, Meerup |
|
WARD: |
Coastal |
|
ZONE: |
Rural Small Holdings |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/133; P53988 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Kaylene Roberts |
|
DATE OF REPORT: |
27 September 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider a development application for retrospective approval to a change of use from an Outbuilding to a Dwelling at Lot 8670 Gumnut Road, Meerup. A location plan is shown below.
Location Plan
The subject site has an area of 42.5 hectares and currently contains two (2) sheds, four (4) water tanks, two (2) dams and an outbuilding which has been converted to a dwelling. The site has been identified as being located within a Bushfire Prone Area. An aerial photograph of the site and development plans are attached.
ATTACHMENT: 9.5.2(1)
The applicants purchased the subject property in December 2018. At the time they purchased the property, they were made aware that the previous landowner had completed unauthorised works to convert the subject building from an outbuilding to a dwelling. The current landowners have therefore inherited the unauthorised works and are seeking to rectify the situation.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The provisions of the Scheme include the subject land within the Rural Small Holdings zone. The purpose of the Rural Small Holdings Zone is “to provide for rural lifestyle opportunities in strategic locations consistent and compatible with adjacent land use activity, landscape and environmental attributes of the land”.
The following comments are offered to assist Council in determining the application:
Matters to be Considered
As prescribed in clause 10.2 of the Scheme, the local government is required to have regard to various matters when determining an application for planning approval. These matters include, but are not limited to:
(i) the aims and provisions of the Scheme and any other relevant Local Planning Scheme operating within the Scheme area;
(ii) the requirements of orderly and proper planning including any relevant proposed new Local Planning Scheme or amendment, region scheme or amendment, which has been granted consent for public submissions to be sought;
(x) the compatibility of a use or development with its setting including the potential impact on the use and enjoyment of adjacent nearby land and taking into consideration any Special Control Area;
(xv) the preservation of the amenity of the locality.
Land Use Permissibility
A Dwelling is a ‘P’ use within the Rural Small Holdings that is a use that is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme.
Consistency with Zoning
The objectives of the Rural Small Holdings Zone as prescribed in Clause 4.7.2 of the Scheme are designed to encourage the opportunity for a range of rural, as well as semi-rural pursuits on cleared land where part-time or full time income may be generated. Approval of the application as submitted is consistent with these objectives.
Unauthorised Existing Development
Clause 8.6 of the Scheme permits the local government to grant development approval for a use or development already commenced or carried out regardless of the date, if the development conforms to the provisions of the Scheme. As stated, the unauthorised works were completed by the previous landowner and the current landowners are now formalising the works by way of a retrospective development application.
Impact on Amenity
The proposed dwelling is setback in accordance with the requirements of the Scheme and is situated in a cleared area, surrounded by native vegetation. As a result the building cannot be seen from outside the property.
Bushfire Prone Area
The subject property has been identified as being located within a designated bushfire prone area. The applicant has had a Bushfire Attack Level (BAL) undertaken by a Level 1 Assessor in accordance with the requirements of State Planning Policy No. 3.7 – Planning in Bushfire Prone Areas. The assessment has identified that the BAL rating for this property is BAL 19. A copy of the BAL report is attached.
ATTACHMENT: 9.5.2(2)
Request for Fee Waiver
The applicants are seeking a reduction in the application fee payable, requesting the Council waive the retrospective development application portion of the fee. A copy of the correspondence requesting that the fee be waived is shown attached.
ATTACHMENT: 9.5.2(3)
In normal circumstances, an application fee of $295 would be required for the proposed change of use in accordance with the Shires adopted 2019/20 Budget. Given the retrospective nature of the application, the adopted Schedule of Fees and Charges states that an additional fee equivalent to twice the prescribed fee is also applicable, bringing the application fee to a total of $885.00.
As the applicable fee is set by Council through the Schedule of Fees and Charges contained within the adopted budget, a waiver of the fee may only be granted by absolute majority of Council.
As outlined within the submitted correspondence, the applicants are seeking to have the retrospective portion of the fee waived as they are consider they now being penalised for the unapproved works despite the fact they have shown good faith in legitimising the use.
Whilst the applicant’s views are noted, the status of the unauthorised dwelling would have been known at the time of the property purchase. It must also be noted that if it was not for the retrospective nature of the application the proposal would have been determined under delegated authority. Given the need to prepare this agenda item for Council’s consideration, additional administration costs have been incurred by the Shire.
It is therefore recommended that the applicants request for waiving the fee not be supported.
Conclusion
Given the proposal conforms to the provision of the Scheme, it is recommended that following payment of the required application fee, retrospective approval be granted subject to appropriate conditions and advice.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No.4.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
At this time, no fees have been paid and the applicant is requesting that the retrospective development fee (imposed by way of penalty) of $590 be waived. This request is not supported for those reasons outlined within the Comment section of this agenda item.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Decline the applicants request to waive the retrospective planning application fee given the increased costs associated with processing the retrospective application.
2. Subject to the payment of the application fee of $885, grant retrospective planning approval to the proposed change of use from an ‘Outbuilding’ to a ‘Dwelling’ at Lot 8670 Gumnut Road, Meerup as shown in Attachment 9.5.2(1) subject to compliance with the following conditions:
a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
|
Plan Ref |
Title |
Application Received |
|
1 |
Site Plan |
11 September 2019 |
|
2 |
Floor Plan |
11 September 2019 |
|
3 |
Elevations |
11 September 2019 |
b) The submitted Bushfire Attack Level (BAL) Assessment shall be implemented and the ongoing management provisions of the (BAL) Assessment shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup.
Advice to Applicant
i) The proponent is advised that this Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.
ii) The proponent is advised that the approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 and the National Construction Codes.
iii) The development the subject of this development approval is required to comply with the Shire of Manjimup’s Health Local Laws 1998.
iv) Your attention is drawn to the fact that firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the Shire of Manjimup around all boundaries and buildings on the subject property, in accordance with the Annual Shire Firebreak Notice endorsed by the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Decline the applicants request to waive the retrospective planning application fee given the increased costs associated with processing the retrospective application. 2. Subject to the payment of the application fee of $885, grant retrospective planning approval to the proposed change of use from an ‘Outbuilding’ to a ‘Dwelling’ at Lot 8670 Gumnut Road, Meerup as shown in Attachment 9.5.2(1) subject to compliance with the following conditions: a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
b) The submitted Bushfire Attack Level (BAL) Assessment shall be implemented and the ongoing management provisions of the (BAL) Assessment shall thereafter be permanently maintained to the satisfaction of the Shire of Manjimup. Advice to Applicant i) The proponent is advised that this Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works. ii) The proponent is advised that the approved development must comply with all relevant provisions of the Health (Miscellaneous Provisions) Act 1911 and the National Construction Codes. iii) The development the subject of this development approval is required to comply with the Shire of Manjimup’s Health Local Laws 1998. iv) Your attention is drawn to the fact that firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the Shire of Manjimup around all boundaries and buildings on the subject property, in accordance with the Annual Shire Firebreak Notice endorsed by the Shire of Manjimup.
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
68
9.5.3 Proposed Change of Use from Office to 'Use Not Listed' (Fitness Centre) and Medical Centre at Lot 183 (Shop 3, 5) Pritchard Street, Manjimup
|
PROPONENT |
Annie Giacomel & Bree Serafini |
|
OWNER |
Thomas and Annie James |
|
LOCATION / ADDRESS: |
Lot 183 (Shop 3, 5) Pritchard Street, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Town Centre |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/121 & P53920 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
1 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider a proposed application for a Use Not Listed (Fitness Centre) and Medical Centre at Lot 183 (Shop 3, 5) Pritchard Street, Manjimup. A location plan is shown below.
LOCATION PLAN
The subject site has an area of 2,061m² and is located within the Manjimup Town Centre zone. The site consists of three buildings of multiple tenancies located at the corner of Pritchard and Chopping Streets. Undeveloped land to the rear of the buildings is occupied by the effluent disposal system. This area is 10.9metres in width and connected to an easement – right of carriageway burdened to the adjoining neighbours. Council granted approval (Resolution 27363) for a Restaurant and a Small Bar in March 2018 within the tenancy closest to the intersection which was previously a service station.
The applicant is proposing to change the use of Shop 3 from an Office to a Use not Listed (Fitness Centre) and five consulting rooms (Medical Centre). Key elements of the proposal is as follows:
· Fitness classes for up to 20 persons operating from 5:30am to 6:30am and 5:30pm (Pilates and Yoga)
· Up to five consulting rooms that cater for Naturopathy, Massage Therapy, Myopractic, Osteopathy or other natural therapies to occupy approximately 50m² of floor space.
· Retail area of approximately 15-20m²; and
· Signage 1metre x 9metres painted in black and white located above windows.
A copy of the application is shown attached.
ATTACHMENT: 9.5.3(1)
PUBLIC Consultation Undertaken:
The application was advertised in accordance with Clause 9.6 of the Local Planning Scheme No. 4 (the Scheme) for a 21 day period to adjoining land owners, a notice was placed on the Shire’s website, in the local newspaper and a sign was placed on site. Correspondence was also sent to the Ward Councillor. Submissions closed on the 2 October 2019.
One submission was received which did not object to the proposal, however requested the Shire to advise the applicants of the legal rights of access to the rear of the property. A copy of the submission is shown attached.
ATTACHMENT: 9.5.3(2)
COMMENT (Includes Options):
In determining an application for planning approval, Clause 10.2 of 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;
(vii) the content and objective of Planning Precinct Statements set out in Schedule 8 of this Scheme;
(xviii) whether the proposed means of vehicular access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles; and
(xxvi) any relevant submissions received on the application.”
To assist Council in determining the application, the following comments are offered:
Land Use Classification
In the opinion of Shire Officers, the ‘Fitness Centre’ land use cannot reasonably be determined as falling within a defined use class/category within the Scheme.
As per Clause 4.20.2 of the Scheme, where a person proposes to carry out a use on any land that is not specifically mentioned in the zoning table (Table 1) or cannot be reasonably determined as falling within a use class/category, Council may:
i) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;
ii) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of Clause 9.6 in considering an application for planning approval; or
iii) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.
In this instance Shire Officers determined that the land use may be consistent with the objectives of the Town Centre Zone in accordance with subclause (ii) as stated above and have advertised the proposal in accordance with Clause 9.6 of the Scheme.
The proposed natural health land use portion of the application is consistent with the land use classification of ‘Medical Centre, being ‘premises, other than a hospital, used by one or more health consultant(s) for the investigation or treatment of human injuries or ailments and for general outpatient care (including preventative care, diagnosis, medical and surgical treatment, and counselling)’.
The application is referred to Council for determination as the proposed Fitness Centre constitutes a ‘Use Not Listed’. Under clause 4.20.2 of the Scheme, Council is required to determine if the proposed use is consistent with the objectives of the zone prior to determining the application.
Consistency with Zoning
The subject property is zoned Town Centre by the Scheme and is located within Manjimup Precinct 1D – Town Centre MP1D. The purpose of the zone as outlined in Clause 4.2 is to provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of surrounding areas.
Landowners in sub-precinct MP1D are generally encouraged to develop commercial uses which require larger lots, while not precluding retail development those land uses are encouraged to locate in other sub-precincts of the planning precinct. The proposed land use is consistent with the purpose of the zone and sub-precinct by providing a commercial activity.
Land Use Permissibility
The ‘Medical Centre’ consulting rooms are a ‘P’ land use within the Town Centre sub-precinct MP 1D zone, that is a use that “is permitted by the Scheme providing the use complies with the relevant development standards and the requirements of the Scheme.”
As the Fitness Centre portion of the application cannot reasonably be determined as falling within a defined use class/category the application was advertised following the procedures of Clause 9.6.
Parking Requirements
As detailed within the background section of this report, the subject land is developed with three separate buildings. Whilst an area of over 346m² is undeveloped at the rear of the property, the area is unable to be developed for parking due to the location of an effluent disposal system preventing compliance with the parking design standards. The area to the front of the tenancy has not been developed for parking and would require alterations to landscaping to accommodate parking.
The previous land use for Shop 3 was an Office with a floor area of 209m². The car parking requirements for an Office is one space per 40m² resulting in a car parking requirement of 5 spaces.
In accordance with clause 5.32.2.5 of the Scheme, when an application for a change of use is being considered for existing premises within the Town Centre Zone, the application of relevant development standards may be varied. This is provided that the change of use does not involve any additions to the building and the impact of the new use is considered consistent with the previous activity.
In this case, a reduction of development standards relating to car parking is not recommended as there are no parking bays available on site, and on street parking is not available.
Medical Centre
The proposed land use of Medical Centre is not listed in Table 2 of the Scheme as having a standard car parking space requirement. However a ‘Health Centre’, as defined in Town Planning Scheme No.2, ‘means a maternal or X‑ray centre, a district clinic, a masseurs establishment or a medical clinic’ is no longer a use listed in the Scheme. It has a parking requirement of one space per 30m² floor area and is likely to have been replaced with the land use term ‘Medical Centre’ This could be used to calculate the parking requirements for the application.
Fitness Centre
In accordance with clause 5.32.2.5 of the Scheme, when an application for a change of use is being considered for existing premises within the Town Centre Zone, the application of relevant development standards may be varied. This is provided that the change of use does not involve any additions to the building and the impact of the new use is considered consistent with the previous activity.
As Fitness Centre is not a use listed in the Scheme, the Scheme does not identify any specific carpark requirements for the use. Given this, as prescribed by clause 5.17.2 of the Scheme, the local government shall determine in each case the number of spaces to be provided on the land having due regard to the:
(i) nature of the proposed development;
(ii) number of employees or others likely to be employed or engaged in the use of the land;
(iii) anticipated demand for visitor parking; and
(iv) orderly, proper and sustainable planning of the area.
On the basis that the Fitness Centre will cater for a maximum of 20 students, together with one teacher, it is anticipated that a maximum of 21 people will occupy the premises at any one time. Using a car parking ratio of 1 bay per four persons, being the same as similar uses within the Scheme, a total of five parking bays would normally be required.
Based on the explanation above and considering the Medical Centre separate to the Fitness Centre, the parking requirements would be seven spaces. This is summarised in the table below:
|
Land Use |
Rate |
Quantity |
Required Spaces |
|
Medical Centre (Health Centre) |
1/30 |
50m² |
2 |
|
Fitness Centre |
1/4 patrons |
20 |
5 |
|
|
|
TOTAL |
7 |
As there is a shortfall in the provision of space required on site and no clear area to provide spaces within the tenancy boundary, or on-street parking available, the applicant has a number of options to satisfy the parking requirement, subject to the satisfaction of the Shire of Manjimup. The options available are to seek an agreement with other land uses operating at different times or to provide cash in lieu.
Alternative Off Street Parking
Where an applicant can demonstrate that other off-street parking facilities are available to be shared with other land uses operating at different times, the local government may approve development with less that the required number of on-site spaces provided that there is no conflict in the operation of land uses and the landowners sharing parking enter into a legal agreement for the rights of the shared parking.
The applicants have obtained signed letters from two businesses operating in the area stating that they agree to the use of their parking. The applicant has stated that they have received verbal agreement from the Corner Inn however has not been able to provide this in writing. The statements are provided attached.
ATTACHMENT: 9.5.3(3)
The written agreements allow for a total of 19 parking spaces between 2pm and 7pm with 5 spaces at all times. The adjoining landowner at 184 (8) Chopping Street had previously operated as an auto electrician (Motor Vehicle Repair/Industry - Service) which has an area available for parking of approximately 795m² well in excess of 11 parking spaces with only a requirement for 6 bays. There would not be a conflict by allowing bays to be constructed and used on this adjoining property.
Cash in Lieu
In accordance with Clause 5.17.11 of the Scheme where an applicant can satisfy the local government that the minimum car parking requirements cannot be provided on the site, a cash payment can be accepted in lieu of the provision of parking.
Conclusion
The proposed land use is consistent with the zone and the applicants have been able to provide written statements from nearby businesses allowing use of their parking spaces. The application is therefore recommended for approval subject to formalising the provision of parking.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and the Shire of Manjimup’s Local Planning Scheme No. 4.
Policy / Strategic Implications:
By granting approval to the proposed use, Council will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:
B9. Encourage and support initiatives to encourage extended service provision and activate town centres
B12. Provide development opportunities and support local small businesses to thrive.
Organisational risk management:
Nil.
Financial Implications:
The required application fee has been paid in accordance with the Shires Schedule of Fees and Charges as adopted for the 2019/20 annual budget. Any cash in lieu received would be held in a reserve account for the construction of public parking by the Shire.
Sustainability:
Environmental: Nil.
Economic: Approval of the application will result in a commercial activity operating in an appropriate premises and provide a rental income to the land owner.
Social: Approval of the application will provide opportunities for members of the public to actively engage in physical, group activities.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for the Change of Use from Office to Use not Listed (Fitness Centre) and Medical Centre and Signage (Application TP2019/113) as attached at 9.5.3(1) and subject to the following conditions:
a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
|
Reference |
Document Title |
Date Received |
|
1 |
Floor plan |
27 August 2019 |
|
2 |
Description of Use |
3 September 2019 |
|
3 |
Signage Elevation |
27 August 2019 |
b) Prior to the commencement of use, the applicant is to submit, and have approved to the satisfaction of the Shire of Manjimup, a detailed parking plan design which complies with Table 2 and 3 of the Shire of Manjimup Local Planning Scheme No. 4, comprising seven (7) parking bay/s (including one (1) accessible compliant bay), aisle widths, circulation areas, driveway/s and points of ingress and egress.
c) Prior to the occupation or use of the development hereby approved, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall:
i) be constructed, drained and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted.
ii) thereafter be maintained to the satisfaction of the Council.
iii) be made available for such use at all times and not used for any other purpose.
iv) be properly formed to such levels that it can be used in accordance with the plan.
d) The sign the subject of this approval shall be kept clean, free from unsightly matter and in good condition and presentation at all times.
Advice to applicant:
i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development;
ii. Further to condition b), with respect to any reciprocal rights relating to parking, the proponent, and/or the owners of the land, are required to enter into a deed of agreement (prepared and executed at the cost of the proponent) with, and to the satisfaction of the Shire of Manjimup, to guarantee the provision of a reciprocal ‘right of carriageway/access’ for vehicular and/pedestrian movements between the properties concerned – together with drainage and car parking requirements (where applicable). The agreement must be executed by the applicant before the development is occupied.
iii. In respect of any cash-in-lieu of car parking arrangements entered into between the proponent and the Shire of Manjimup, the per square metre value of land component of the payment is to be determined by way of a valuation conducted by a licensed valuer appointed by the Shire of Manjimup and all costs incurred in obtaining the valuation shall be borne by the proponent.
iv. With regards to Condition d), the applicant is advised that additional signs may be subject to further approval from the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Tapley, D
That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for the Change of Use from Office to Use not Listed (Fitness Centre) and Medical Centre and Signage (Application TP2019/113) as attached at 9.5.3(1) and subject to the following conditions: a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
b) Prior to the commencement of use, the applicant is to submit, and have approved to the satisfaction of the Shire of Manjimup, a detailed parking plan design which complies with Table 2 and 3 of the Shire of Manjimup Local Planning Scheme No. 4, comprising seven (7) parking bay/s (including one (1) accessible compliant bay), aisle widths, circulation areas, driveway/s and points of ingress and egress. c) Prior to the occupation or use of the development hereby approved, the area set aside for the parking of vehicles, together with the associated access lanes as delineated on the endorsed plan shall: i) be constructed, drained and marked to the satisfaction of the Council prior to the commencement of the use hereby permitted. ii) thereafter be maintained to the satisfaction of the Council. iii) be made available for such use at all times and not used for any other purpose. iv) be properly formed to such levels that it can be used in accordance with the plan. d) The sign the subject of this approval shall be kept clean, free from unsightly matter and in good condition and presentation at all times.
Advice to applicant: i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development; ii. Further to condition b), with respect to any reciprocal rights relating to parking, the proponent, and/or the owners of the land, are required to enter into a deed of agreement (prepared and executed at the cost of the proponent) with, and to the satisfaction of the Shire of Manjimup, to guarantee the provision of a reciprocal ‘right of carriageway/access’ for vehicular and/pedestrian movements between the properties concerned – together with drainage and car parking requirements (where applicable). The agreement must be executed by the applicant before the development is occupied. iii. In respect of any cash-in-lieu of car parking arrangements entered into between the proponent and the Shire of Manjimup, the per square metre value of land component of the payment is to be determined by way of a valuation conducted by a licensed valuer appointed by the Shire of Manjimup and all costs incurred in obtaining the valuation shall be borne by the proponent. iv. With regards to Condition d), the applicant is advised that additional signs may be subject to further approval from the Shire of Manjimup.
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
75
9.5.4 Proposed Change of Use from Office to 'Use Not Listed' Dance Studio at Lot 63 (79-85) Giblett Street, Manjimup
|
PROPONENT |
C & J W Stoiche |
|
OWNER |
C & J W Stoiche |
|
LOCATION / ADDRESS: |
Lot 63 (79-85) Giblett Street, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Town Centre |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/117 & P50035 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
1 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is asked to consider a proposed application for a Change of Use from Office to ‘Use Not Listed’ (Dance Studio) at Lot 63 (First Floor, 79-85) Giblett Street, Manjimup. A location plan is shown below.
The subject property is 2,002m² and consists of five buildings with two fronting onto Brockman Street. The applicant is proposing to commence a dance studio at the subject property on the first floor above Brockman TV Services. There is 142m² floor area available for the dance studio which can be accessed either from Brockman Street or Guadagnino Lane.
The key details of the proposal are:
· Hours of operation Friday 2-9pm
Saturday 8:30am – 12:30pm
· Maximum Class size 15 of a range of ages
· Number of Staff 1
A copy of the application is shown attached.
ATTACHMENT: 9.5.4(1)
PUBLIC Consultation Undertaken:
The application was advertised in accordance with Clause 9.6 of the Scheme for a 21 day period to adjoining land owners, a notice was placed on the Shire’s website, in the local newspaper and a sign was placed on site. A letter was sent to the Ward Councillors. Submissions closed on the 9 October 2019, with no submissions received.
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;
(vii) the content and objective of Planning Precinct Statements set out in Schedule 8 of this Scheme;
(xviii) whether the proposed means of vehicular access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles; and
(xxvi) any relevant submissions received on the application.”
To assist Council in determining the application, the following comments are offered:
Land Use Classification
In the opinion of Shire Officers, the Dance Studio land use cannot reasonably be determined as falling within a defined use class/category within the Scheme.
As per Clause 4.20.2 of the Scheme, where a person proposes to carry out a use on any land that is not specifically mentioned in the zoning table (Table 1) or cannot be reasonably determined as falling within a use class/category, Council may:
i) Determine that the use is consistent with the objectives of the particular zone and is therefore permitted;
ii) Determine that the use may be consistent with the objectives of the particular zone and thereafter follow the advertising procedures of Clause 9.6 in considering an application for planning approval; or
iii) Determine that the use is not consistent with the objectives of the particular zone and is therefore not permitted.
In this instance Shire Officers determined that the land use may be consistent with the objectives of the Town Centre Zone in accordance with subclause (ii) as stated above and have advertised the proposal in accordance with Clause 9.6 of the Scheme.
Consistency with Zoning
The subject property is zoned Town Centre by the Scheme. The purpose of the zone is to provide for the establishment and ongoing development of nodes of diverse commercial, professional, tourist, entertainment, residential and community activities to service the populations of the surrounding areas.
The Site is located within the Manjimup Planning Precinct 1A where development is encouraged to combine a wide range of uses, to include opportunities for combined residential and commercial or office uses and to accommodate tourist and entertainment oriented activities.
The proposed land use is consistent with the purpose of the zone and sub-precinct by providing a commercial activity that will bring customers into the area of the Manjimup main streets during the hours of operation. This additional clientele has the potential to flow onto other business activities in the area.
Parking Requirements
As detailed within the background section of this report, the subject land is developed with five separate buildings. Whilst an area of over 200m² is undeveloped at the rear of the property and can be used for the parking of some vehicles, there is no formal provision for parking on site.
The previous land use for the subject premises was an Office with a floor area of 142m². The car parking requirements for an Office is one space per 40m², equating to a requirement for 4 spaces.
In accordance with clause 5.32.2.5 of the Scheme, when an application for a change of use is being considered for existing premises within the Town Centre Zone, the application of relevant development standards may be varied. This is provided that the change of use does not involve any additions to the building and the impact of the new use is considered consistent with the previous activity.
As dance studio is not a use listed in the Scheme, the Scheme does not identify any specific carpark requirements for the use. Given this, as prescribed by clause 5.17.2 of the Scheme, the local government shall determine in each case the number of spaces to be provided on the land having due regard to the:
(i) nature of the proposed development;
(ii) number of employees or others likely to be employed or engaged in the use of the land;
(iii) anticipated demand for visitor parking; and
(iv) orderly, proper and sustainable planning of the area.
On the basis that the studio will cater for a maximum of 15 students, together with one teacher, it is anticipated that a maximum of 16 people will occupy the premises at any one time. Using a car parking ratio of 1 bay per four persons, being the same as similar uses within the Scheme, a total of four parking bays would normally be required.
Based on the explanation above the parking requirements would be four spaces, equal to that of an office. This is summarised in the table below:
|
Land Use |
Rate |
Quantity |
Required Spaces |
|
Office |
1/40m² |
142m² |
4 |
|
Dance Studio (Public Amusement) |
1/4 patrons |
16 |
4 |
|
|
|
Shortfall |
0 |
Accessibility Requirements
Given that the proposed change of use from an Office to a Dance Studio will require a change of building classification and an the issue of a new Occupancy Permit, the applicants will be required to address the need for accessible complaint access and facilities in accordance with the Building Act 2011.
As the Building Code is performance based, it may be possible for an independent building certifier to demonstrate that accessible compliant access may not be required in full. One such option may be demonstration that the cost of meeting such facilities would represent unjustifiable financial hardship in accordance with the applicable premises standards.
Conclusion
The proposed land use is consistent with the zone and will not create a greater demand on parking and access then the existing approved land use. The application is therefore recommended for approval.
On separate but related matter, it is recommended that correspondence be forwarded to the landowner to encourage formalisation of the existing carpark surface and layout for future use of the tenants on the property.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and the Shire of Manjimup’s Local Planning Scheme No. 4.
Policy / Strategic Implications:
By granting approval to the Dance Studio, Council will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:
B9. Encourage and support initiatives to encourage extended service provision and activate town centres
B12. Provide development opportunities and support local small businesses to thrive.
C5. Actively engage children and young people to better understand and encourage services and initiatives that respond to their needs and aspirations
C7. Improve early-years development and education outcomes.
Organisational risk management:
Nil.
Financial Implications:
The required application fee has been paid in accordance with the Shires’ Schedule of Fees and Charges as adopted for the 2019/20 annual budget.
Sustainability:
Environmental: Nil.
Economic: Approval to the application will result in a commercial activity that will bring customers into the Central Business District. This additional clientele has the potential to flow onto other business activities in the area.
Social: Approval of the Dance Studio will provide opportunities for members of the public to actively engage in physical, group activities.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for the Change of Use from Office to Use not Listed (Dance Studio) shown as Attachment 9.5.4(1) and subject to the following conditions:
a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
|
Reference |
Document Title |
Date Received |
|
1 |
Ground Floor Plan |
21 August 2019 |
|
2 |
Upper Floor Plan |
21 August 2019 |
|
3 |
Description of Use |
21 August 2019 |
b) The land use approved is based on a maximum number of patrons of 16 (including one staff member). Any increase in numbers will be require the further approval of Council.
Advice to applicant:
i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development.
ii. Any proposed signage for the business activity subject of this approval may require further approvals from the Shire of Manjimup.
2. Request correspondence be forwarded to the landowner encouraging them to consider formal construction of the carpark at the rear of the property, which could potentially cater for six (6) vehicles.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. In accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants development approval for the Change of Use from Office to Use not Listed (Dance Studio) shown as Attachment 9.5.4(1) and subject to the following conditions: a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
b) The land use approved is based on a maximum number of patrons of 16 (including one staff member). Any increase in numbers will be require the further approval of Council. Advice to applicant: i. This development approval is NOT a building permit. A certified building permit for the change of use must be formally presented to and approved by Building Services to formalise the development. ii. Any proposed signage for the business activity subject of this approval may require further approvals from the Shire of Manjimup.
2. Request correspondence be forwarded to the landowner encouraging them to consider formal construction of the carpark at the rear of the property, which could potentially cater for six (6) vehicles. ADOPTED BY EN BLOC RESOLUTION: 9/0 |
82
9.5.5 Proposed Oversized Outbuilding at Site 44 Boat Ramp Road, Windy Habour
|
PROPONENT |
Joe Sherrington & C.A Sherrington |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Site 44 Boat Ramp Road, Windy Harbour |
|
WARD: |
Coastal |
|
ZONE: |
Special Use |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/129 & P57720 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister/Brian Robinson |
|
DATE OF REPORT: |
3 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider a development application for the construction of a proposed new Outbuilding on Site 44 Boat Ramp Road, Windy Harbour. A location plan is shown below.
LOCATION PLAN
The property has an area of 529m² and is located in Precinct 2 of the Windy Harbour settlement. The site is predominantly clear of vegetation, with two remnant trees.
Development of the site has been the subject of a number of previous applications, including determinations by Council. The following is a summary of those applications:
a) At its Ordinary Meeting held on 16 November 2017, Council approved a request to remove vegetation on land under the Shires care and control, adjacent to the site. The removal of this vegetation facilitated the leaseholder achieving a Bushfire Attack Level of BAL-29;
b) On 17 November 2018, a Holiday Cottage and Outbuilding were conditionally approved under delegated authority, with a 4 metre setback to the front boundary; and
c) Council granted conditional approval to the retaining walls, subject to the proposed walls being modified so as to not be closer than 1.2m from the boundary and not located over the proposed effluent disposal system.
The applicant is now seeking approval to amend the design of the Outbuilding and retaining walls. The proposed outbuilding will be 9.5 metres by 6 metres (57m²) in floor area. The roof is of skillion design to facilitate solar panels resulting in a minimum roof height of 2.7metres and a maximum wall height of 3.92metres. The outbuilding is proposed to be constructed of steel, timber and Colorbond.
The details of the proposed retaining walls are as follows:
· Wall ‘A’ being adjacent to the dwelling, being to retain the sand pad on which the Holiday Cottage is sited. Wall ‘A’ will have a maximum height of 545mm for a total length of 27.6 metres, with 9.5 metres to be utilised as part of the Outbuilding wall; and
· Wall ‘B’ being 1.2m from the southern boundary, having a maximum height of 761mm for a total of 24 metres in length.
A copy of the development plans are attached.
ATTACHMENT: 9.5.5(1)
The application has been referred to Council for determination as delegated authority is not to be used for proposals that seek to use the performance criteria for any or all design elements instead of the relevant acceptable development provisions. The proposal is seeking a variation of the maximum floor area size for outbuildings permitted under the acceptable development provisions outlined within adopted Local Planning Policy 6.1.16 Windy Harbour Design Codes (the Policy).
PUBLIC Consultation Undertaken:
The application was advertised in accordance with the Policy to adjoining leaseholders for 21 day period. Submissions closed on the 9 October 2019.
The Leaseholder at Lease 24 submitted comments in relation to the verandah that was separately approved on the property previously and the proposed retaining walls, which were not advertised for comment. A comment was made with regards to the location of the outbuilding in relation to the water main and storm water drainage.
The holder of Lease 43 has raised concerns and was against the proposal. The concerns were that the proposed outbuilding will be placed in a location which would prohibit the access into an outbuilding on their lease, that development on the corner will create safety issues and there is stormwater runoff issues. This submission is addressed below in the comment section.
Copies of the comments received are attached.
ATTACHMENT: 9.5.5(2)
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, any Heritage Policy Statement for a designated Heritage Area adopted under Clause 7.2.2 and any other plan or guideline adopted by the local government under the Scheme; and
(xxvi) any relevant submissions received on the application.”
The provisions of Local Planning Scheme No 4 (the Scheme) include the Windy Harbour Settlement within Special Use No.5. The overall objective (Vision Statement) for the Windy Harbour Special Use Zone is to:
To protect and enhance the existing character of Windy Harbour as a low-scale holiday settlement that does not seek to modify the natural attributes of the area or to replicate conventional residential development.”
To ascertain whether the proposed development is in keeping with the character of Windy Harbour a full assessment against the requirements for Outbuildings in the Policy has been undertaken and is detailed below.
Outbuildings
As prescribed within the Policy, the Objective for Outbuildings in Windy Harbour is “To ensure that outbuildings are maintained to a size commensurate with the holiday cottages and do not detract from the streetscape or character of Windy Harbour”. To meet the Performance Criteria Outbuildings should not detract from the streetscape or the character of Windy Harbour.
It is the author of this reports opinion that increasing the proposed outbuilding by an additional 4.1m² from that currently approved will not significantly impact on either the amenity of the area or streetscape.
Floor area
The acceptable development provisions for Precinct 2 Outbuildings, limit the maximum combined floor area of the Outbuilding to 10 percent of the lease area, in this case 52.9m². The applicant is proposing a 57m² Outbuilding which is 4.1m² (or less than 10%) in excess of the acceptable provision. The applicant has stated that a larger floor area is preferred, as an 8 metre boat on trailer will be 9.25 metres in length and that the outbuilding will also be used to store the power supply system and batteries, as well as a tractor.
Section 3.8 of the Appendix to the Policy states that where space and other criteria including development standards are met, outbuildings exceeding the nominated size can be considered. As stated above the cottage was approved under delegated authority as a result of it meeting the development standards.
Setbacks
The proposed outbuilding has been located forward of the approved cottage wall line, however is setback behind the front line of the verandah. The reduced front setback allows for the installation of a septic system, which meets the required setbacks from boundary and for a rainwater tank. The reduced setback is considered acceptable to Shire Officers given the restrictions for setbacks to septic systems.
With regards to the southern boundary setback to the outbuilding and retaining wall, there is a water main valve that is located in this vicinity. As per the previous conditions of approval, the applicant will be required to be construct a minimum of 200mm from the water main pipe and valve.
Roof Height
The maximum prescribed roof ridge height is 4.5 metres and 3.6 metres maximum height to eaves. The roof is of skillion design to facilitate solar panels resulting in a maximum roof height of 3.92 metres, which is 0.32 metres in excess of requirement. The Shire Officers are satisfied that the height variation has been adequately justified to maximise solar power intake.
Access to Boatshed on Lease 43
The comments made from the holder of Lease 43 infer that their current vehicle movements encroach onto the subject property and that other traffic movements on the road are not operating in a safe manner. As the approved cottage and the proposed outbuilding are setback greater than 4.0metres from the lease boundary and contained within the lease boundary, there are insufficient grounds to imply that the development will have an impact on adjoining, adjacent leaseholders or settlement traffic.
Drainage
As reflected within the Public Consultation section above, the leaseholder of Lease 24 has raised concern that construction of the shed and retaining walls as proposed will increase drainage issues on their site. It is therefore recommended that any stormwater disposal associated with the proposed Outbuilding be retained on site.
On a separate but related matter, examination of aerial photography and records held by the Shire has identified that the holder of Lease 24 appears to be utilising Lease site 25 for their own purposes with development on Lease 24 encroaching onto the land.
The Chief Executive Officer has advised that previous investigations as to potential lease areas that could be released to the public had identified that Lot 25 could not be leased given that it was required for drainage and contained portion of the Windy Harbour water supply line. Given this, it is recommended that:
a) The holders of Lease 24 be advised that the area contained within Lease 25 is not to be used other than to facilitate access to the rear of the Lease;
b) Shire Officers proceed to carry out a minor adjustment of the current lease boundary for Lease 24 to ensure that all development is wholly contained within the Lease; and
c) That Lease Area 25 be re-affirmed as being required for drainage purposes, with future works to be undertaken to alter the existing levels of Lease 25 to assist in the drainage of Lease 24.
A separate agenda item relating to this matter will be prepared for elected members consideration at a future Council meeting.
Conclusion
Given the proposed Outbuilding is within a 10% variation in floor area and roof ridge height and is located to allow for site constraints, Shire officers support the proposed outbuilding subject to conditions.
It is recommended that the concerns of the holder of Lease 24 in respect of current and future drainage be addressed through the adjustment of levels on Lease Area 25.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Shire of Manjimup Local Planning Scheme No.4.
Policy / Strategic Implications:
The development has been assessed against Local Planning Policy 6.1.16 Windy Harbour Design Codes.
Organisational risk management:
Nil.
Financial Implications:
The required application fee has been paid
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for the construction of an Outbuilding and retaining walls on Lease 44 Boat Ramp Road, Windy Harbour (Application TP119/2019) in accordance with the submitted plans as attached at 9.5.5(1), and subject to the following conditions:
a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup;
b) The approved outbuilding is to be used solely for purposes incidental and ancillary to the enjoyment of the Holiday Cottage. Human habitation of the approved outbuilding is not permitted;
c) The retaining walls hereby approved are not to be constructed within 200mm of the Windy Harbour water main pipe and valve to the satisfaction of the Shire of Manjimup;
d) Existing ground levels within and adjacent to the lease area shall not be altered without the further prior approval of the Shire of Manjimup;
e) No building shall be constructed above or within 1.0m of the alignment of the Windy Harbour water main;
f) All stormwater and drainage run off is to be detained on the subject property to the satisfaction of the Shire of Manjimup;
g) Cladding and colours used on the outbuilding are to be consistent with the approved Holiday Cottage;
h) Any vehicle crossover to Old Lighthouse Road is to be designed and constructed, incorporating culvert drainage pipes to the satisfaction and specifications of the Shire of Manjimup; and
i) Use of the Windy Harbour water main during construction of the approved development is prohibited by the Shire of Manjimup.
Advice to Applicant:
i. The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works;
ii. Prior to commencing development, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Manjimup’s Environmental Health Team, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974;
iii. Leach drains or soak wells must not be located beneath areas subject to vehicular traffic; and
iv. All buildings are to be constructed in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Tapley, D
That Council in accordance with Part 10 of Shire of Manjimup Local Planning Scheme No.4 grants planning approval for the construction of an Outbuilding and retaining walls on Lease 44 Boat Ramp Road, Windy Harbour (Application TP119/2019) in accordance with the submitted plans as attached at 9.5.5(1), and subject to the following conditions: a) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup; b) The approved outbuilding is to be used solely for purposes incidental and ancillary to the enjoyment of the Holiday Cottage. Human habitation of the approved outbuilding is not permitted; c) The retaining walls hereby approved are not to be constructed within 200mm of the Windy Harbour water main pipe and valve to the satisfaction of the Shire of Manjimup; d) Existing ground levels within and adjacent to the lease area shall not be altered without the further prior approval of the Shire of Manjimup; e) No building shall be constructed above or within 1.0m of the alignment of the Windy Harbour water main; f) All stormwater and drainage run off is to be detained on the subject property to the satisfaction of the Shire of Manjimup; g) Cladding and colours used on the outbuilding are to be consistent with the approved Holiday Cottage; h) Any vehicle crossover to Old Lighthouse Road is to be designed and constructed, incorporating culvert drainage pipes to the satisfaction and specifications of the Shire of Manjimup; and i) Use of the Windy Harbour water main during construction of the approved development is prohibited by the Shire of Manjimup. Advice to Applicant: i. The proponent is advised that this development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works; ii. Prior to commencing development, an application to construct or install an apparatus for the treatment of sewage and the disposal of effluent and liquid wastes must be submitted for the approval of the Shire of Manjimup’s Environmental Health Team, in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974; iii. Leach drains or soak wells must not be located beneath areas subject to vehicular traffic; and iv. All buildings are to be constructed in accordance with the Australian Standard 3959 “Construction of Buildings in Bushfire Prone Areas” to the satisfaction of the Shire of Manjimup. ADOPTED BY EN BLOC RESOLUTION: 9/0 |
86
9.5.6 Delegated Planning Decisions for September 2019
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Various |
|
LOCATION / ADDRESS: |
Various |
|
WARD: |
Various |
|
ZONE: |
Various |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F170085 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Sean Tysoe |
|
DATE OF REPORT: |
1 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
In order to ensure the efficient and timely processing of planning related applications, Council delegates authority to the Chief Executive Officer to conditionally approve Applications for Development Approval that meet the requirements of both Local Planning Scheme No 4 (the Scheme) and adopted Council Policy.
Delegated planning decisions are reported to Council on a monthly basis to ensure that Council has an appropriate level of oversight on the use of this delegation. A Register of Delegated Development Approvals, detailing those decisions made under delegated authority in September 2019 is attached.
ATTACHMENT: 9.5.6(1)
PUBLIC Consultation Undertaken:
Where required, each application has been advertised in accordance with the Scheme and Council’s adopted Local Planning Policy as detailed in the Policy/Strategic Implications section of this agenda item.
COMMENT (Includes Options):
During September 2019, eleven (11) development applications were determined under delegated authority. Table 1 shows the number and value of development applications determined under both delegated authority and by Council for September 2019 compared to September 2018:
Table 1: Planning Decisions Made September 2018 and 2019
|
|
September 2018 |
September 2019 |
|
Delegated Decisions |
11 ($335,500) |
11 ($1,090,300) |
|
Council Decisions |
3 ($80,000) |
1 ($50,000) |
|
Total |
14 ($415,500) |
12 ($1,140,300) |
Table 2 compares the Year-To-Date statistics for delegated authority and Council decisions for 2019-20 compared to the previous Financial Year:
Table 2: Planning Decisions Made Year-To-Date 2018-19 and 2019-20
|
|
YTD 2018-19 |
YTD 2019-20 |
|
Delegated Decisions |
30 ($1,544,054) |
23 ($2,688,593) |
|
Council Decisions |
12 ($8,261,000) |
3 ($85,000) |
|
Total |
42 ($9,389,554) |
26 ($2,773,593) |
STATUTORY ENVIRONMENT:
The Scheme is a Local Planning Scheme, made in accordance with the Planning and Development Act 2005 and associated regulations. Part 8 of the Scheme states that Council’s prior planning consent is required for all developments (including land use), except those developments identified within Part 8.4 as being Permitted Development.
In accordance with Part 11.3 of the Scheme, Council has delegated a number of planning powers to the Chief Executive Officer. These powers have been on-delegated by the Chief Executive Officer to other staff in accordance with clause 11.3.3 of Local Planning Scheme No 4.
Clause 11.3.5 of the Scheme requires that a delegation under the Scheme is consistent with sections 5.45 and 5.46 of the Local Government Act 1995 (LG Act) and the regulations referred to in clause 5.46 of that Act. Regulation 19 of the Local Government (Administration) Regulations 1996 requires that a written record of each delegated decision is kept.
Policy / Strategic Implications:
Applications for Development Approval must be assessed against requirements of the Scheme and Local Planning Policies that have been adopted in accordance with Part 2 of the Scheme. These Policies include Local Planning Policy LPS4 6.1.2 Advertising of Planning Proposals, which details the level and scope of advertising required for Applications for Development Approval.
Each application processed under delegated authority has been processed and advertised, and has been determined to be consistent with the requirements of all adopted Local Planning Policies.
Organisational risk management:
Nil.
Financial Implications:
The required planning fees have been paid for all applications for Development Approval processed under delegated authority.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receives the report on Delegated Development Approvals for September 2019 as per Attachment: 9.5.6(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receives the report on Delegated Development Approvals for September 2019 as per Attachment: 9.5.6(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
91
9.5.7 Retrospective Application for Domestic Outbuilding at Lot 21 (4) Muir Street, Manjimup
|
PROPONENT |
Bevan Jones |
|
OWNER |
Bevan Jones |
|
LOCATION / ADDRESS: |
Lot 21 (4) Muir Street, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Residential |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/146 & P55802 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider an application for retrospective approval of a domestic outbuilding at Lot 21 (4) Muir Street, Manjimup. The subject property is 794m² in area and is located on the eastern side of Muir Street in a built up residential area.
To the rear of the property there is a 3.1metre wide parcel of freehold land (Lot 33), which appears to be land required for drainage that was not vested with the State and remains freehold land. Lot 21 is located within Manjimup Planning Precinct 2 – Eastern Residential. A location plan is shown attached.
LOCATION PLAN
The property consists of a dwelling of approximately 143m² and an outbuilding of approximately 55m². The applicant is seeking retrospective approval for the construction of an 8x3metre (24m²) extension on the western side of an existing outbuilding. The extension is a shelter for a motorhome. The outbuilding is constructed from treated pine, Colorbond™ (Rivergum) walls and zincalume roof sheets.
The outbuilding is setback 8.1metres from the rear of the house, 2.1metres from the northern boundary and 10metres from the southern boundary. A copy of the development plans are attached.
ATTACHMENT: 9.5.7(1)
The application is referred to Council for its determination as Shire officers do not have the delegated authority to determine applications for retrospective development approval.
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The provisions of the Scheme include the subject land with the Residential zone with a density of R20 in accordance with State Planning Policy 7.3 – Residential Design Codes Volume 1 (R-Codes). In accordance with Clause 4.3.2 of the Scheme, the objectives of the zone is to provide for a range of housing choice with a high level of amenity in residential areas and which reflects a non-metropolitan lifestyle.
Manjimup Planning Precinct 2 – Eastern Residential
The domestic outbuilding is consistent with the statement of the planning precinct by providing development of a residential nature.
R-Codes
As detailed within the R-Codes, development within an area coded R20 is required to provide for the following setbacks:
Front Boundary: 6 metres
Secondary Street: 1.5 metres
Rear Boundary: as per Table 2a and 2b. (1.5 metres without a major opening)
The outbuilding has been assessed against the site coverage and setback requirements for a density of R20 and is compliant.
Local Planning Policy 6.1.3 Outbuildings
The purpose of the Policy is to apply a regional variation to the deemed-to-comply provisions of the R-Codes where a residential density applies. The outbuilding has been assessed against the maximum area requirements, wall and ridge heights and complies.
Collectively the outbuildings on the property would now equate to approximately 78.9m² which is close to the maximum permitted area of 79.4m². It is therefore recommended that the applicant be advised that future development of outbuildings on the property is likely to be restricted unless replacement outbuildings are proposed.
Lot 33
As detailed in the background section of this agenda item, a strip of privately owned land (Lot 33) is located to the rear of the subject property. During research undertaken during assessment of the application, it was identified that:
a) Lot 33 extends from a drainage reserve to the north, past Lots 15, 2, 4 and 6 as shown on the Location Plan, connecting with Hospital Avenue to the south;
b) Lot 33 contains drainage infrastructure;
c) Whilst it is most likely that the land was intended to be transferred to the State, the property remains in private freehold ownership; and
d) Development located on Lots 15, 2, 4 and 6 encroaches onto the laneway as reflected on the aerial photograph shown as Attachment: 9.5.7(2).
ATTACHMENT: 9.5.7(2)
As it appears that Lot 33 contains Shire drainage infrastructure and is likely required for drainage purposes, further detailed research will be undertaken by the Shires Works and Services Directorate prior to an agenda item being prepared for Council’s consideration.
Conclusion
Given the outbuilding complies with the relevant development standards of the R-codes and Policy, the application is recommended for approval subject to applicable conditions.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005, the Shire of Manjimup’s Local Planning Scheme No.4 and State Planning Policy 7.3 Residential Design Codes Volume 1.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
The required retrospective application fee has been paid by the applicant.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council, in accordance with Clause 8.6 and Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants retrospective development approval to the unauthorised Outbuilding at Lot 21 (4) Muir Street, Manjimup (TP 136/2019) in accordance with the plans shown at Attachment 9.5.7(1), subject to the following conditions:
a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior written consent of the Shire of Manjimup;
|
Reference |
Document Title |
Date Received |
|
1. |
Site Plan |
27 September 2019 |
|
2. |
Floor Plan |
27 September 2019 |
|
3. |
Photo(s) |
27 September 2019 |
b) The outbuilding must complement the existing buildings located on the subject property.
c) Human habitation of the outbuilding is not permitted.
Advice to applicant
i) The proponent is advised that this Development approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works.
ii) No further outbuilding development on the site is unlikely to be supported unless it is for maintenance or like-for-like replacement of existing approved structures.
iii) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic.
|
Moved: Eiby, W Seconded: Tapley, D
That Council, in accordance with Clause 8.6 and Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants retrospective development approval to the unauthorised Outbuilding at Lot 21 (4) Muir Street, Manjimup (TP 136/2019) in accordance with the plans shown at Attachment 9.5.7(1), subject to the following conditions: a) The development hereby approved must be carried out generally in accordance with the plans and specifications submitted with the application and these shall not be altered and/or modified without the prior written consent of the Shire of Manjimup;
b) The outbuilding must complement the existing buildings located on the subject property. c) Human habitation of the outbuilding is not permitted.
Advice to applicant i) The proponent is advised that this Development Approval is NOT a building permit. A building permit must be formally applied for and obtained from Building Services BEFORE the commencement of any site and/or development works. ii) No further outbuilding development on the site is unlikely to be supported unless it is for maintenance or like-for-like replacement of existing approved structures. iii) Leach drains or soak wells must not be located beneath areas subject to vehicular traffic.
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
96
9.5.8 Proposed Front Fence R-Codes Variation at Lot 60 (12) Muir Street, Manjimup
|
PROPONENT |
Anthony Drake & Kirsty Hester |
|
OWNER |
Anthony Drake & Kirsty Hester |
|
LOCATION / ADDRESS: |
Lot 60 (12) Muir Street. Manjimup |
|
WARD: |
Central |
|
ZONE: |
Residential R20 |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
DA19/134 & P53219 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Sean Tysoe/ Jocelyn Baister |
|
DATE OF REPORT: |
11 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Council is requested to consider an application for a front fence within the primary setback area of Lot 60 (12) Muir Street, Manjimup. The subject lot has an area of 1,112m2 is located in a planning precinct – Manjimup Precinct 2 – Eastern Residential.
The property consists of a dwelling and outbuilding, which have both undergone a number of extensions over time. The property was subdivided and is the front lot of a battle-axe configuration. A location plan is shown below.
LOCATION PLAN
The applicant is proposing a front fence within the primary street setback area. The fence is to be constructed with galvanised steel posts, powder coated to Colorbond™ colour ‘Wallaby’ or similar, 300x150mm. The posts will extend 1.5 metres above ground, with the same posts to be used as a lower beam at ground level. Jarrah slats (85x25mm) spaced 25mm apart will make up the main panel, finished with top piece of sheet metal with holes cut (20 high x 100-300mm long). Each panel will be approximately 2.4 metres long and 1.5 metres high. The fence will enclose the front boundary and the north side of the driveway, meeting the dwelling with a fence.
Plans of the proposed fence are attached.
ATTACHMENT: 9.5.8(1)
Council is requested to determine the application as Shire officers do not have the delegated authority to approve applications under the State Planning Policy 7.3 Residential Design Codes (R-Codes) that are not consistent with the design principles.
PUBLIC Consultation Undertaken:
The application was referred to adjoining neighbours for a period of 21 days inviting comments on the proposed R-Codes variation. No comments were received from affected parties.
COMMENT (Includes Options):
The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) include the land within the Residential Zone, where a dwelling is a “P” use. That is a use, which is permitted subject to compliance with development standards.
As outlined with clause 10.2 of the Scheme, when considering an application for planning approval, the local government must have regard to various matters. In the opinion of Shire officers, the most relevant matters to be considered in respect of this application are as follows:
(iii) any approved State Planning Policy of the Commission;
(vii) the content and objective of Planning Precinct Statements set out in Schedule 8 of this Scheme;
(xvii) whether the proposed means of vehicular access to and egress from the site are adequate and whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles.
With respect to these matters, the following advice is offered to guide Council in its determination of the application.
State Planning Policy 7.3 Residential Design Codes Volume 1
Visual Permeability
The proposed front fence design does not meet the deemed-to-comply requirements of element 5.2.4 - Street walls and fences, by not providing a visually permeable fence panel above 1.2metres of natural ground level. The R-Codes define visually permeable as:
· continuous vertical or horizontal gaps of 50mm or greater width occupying not less than one third of the total surface area;
· continuous vertical or horizontal gaps of less than 50mm in width, occupying a least one half of the total surface area in aggregate; or
· a surface offering equal or lesser obstruction to view.
The design of the fence above 1.2 metres consists of a piece of sheet metal with 20mm x 100-300mm rectangular gaps, which does not meet the above definition for visually permeable fencing.
To meet the design principle of this element front fences are low or restricted in height to permit surveillance and enhance streetscape, with appropriate consideration to the need for traffic or noise screening where the street is designated as a primary or district distributor or integrator arterial.
In this instance the street is a local road (sealed), however as the proposed jarrah slats below 1.2 metres are 85mm in width and spaced 25mm apart, the overall appearance of the fence has a level of permeability and Shire officers consider the design of the fence will enhance the streetscape.
Sight Lines
The proposed fence meets the driveway at a 90 degree angle. This aspect of the proposal contravenes the deemed-to-comply requirements of element 5.2.5 - Sight lines, which requires that fences are truncated or reducing in height to no higher than 0.75 metres within 1.5 metres where the fence meets the driveway.
To meet the design principle of this element, the development is required to provide unobstructed sight lines at vehicle access points to ensure safety and visibility along vehicle access ways, streets, rights-of-way, communal streets, crossovers and footpaths. Although there is not a footpath on this side of Muir Street, there is no guarantee in the future that a footpath will not be considered.
To ensure the safety of pedestrians it is recommended that the site plan be modified which shows the fence truncated for 1.5 metres from the driveway in either direction.
Conclusion
The overall appearance of the fence is considered by Shire officers to enhance the streetscape due to its detailed design, however the safety of pedestrians needs to be considered. The application is recommended for approval subject to conditions.
STATUTORY ENVIRONMENT:
Planning and Development Act 2005 and Local Planning Scheme No. 4.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
The required application fee has been paid in accordance with the Shires Schedule of Fees and Charges as adopted for the 2019/20 annual budget.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Nil.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council, in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants development approval for a proposed front fence within the primary setback area at Lot 60 (12) Muir Street, Manjimup (TP 125/2019) in accordance with the plans shown at Attachment 9.5.8(1), subject to the following conditions:
a) Except as specified within the conditions of this approval, the development hereby approved is to be carried out generally in accordance with the following plans and the specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
|
Plan Ref |
Title |
Application Received |
|
1 |
Site Plan |
16 August 2019 |
|
2 |
Fence Details |
16 August 2019 |
b) The fence design hereby approved shall be modified so as to provide a minimum truncation of 1.5 metres abutting the properties boundary to Muir Street.
c) The proposed development shall be clad or coloured to complement either the surroundings in which it is located or adjoining developments to the satisfaction of the Shire of Manjimup but the use of reflective materials and colours is not permitted.
|
Moved: Eiby, W Seconded: Tapley, D
That Council, in accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grants development approval for a proposed front fence within the primary setback area at Lot 60 (12) Muir Street, Manjimup (TP 125/2019) in accordance with the plans shown at Attachment 9.5.8(1), subject to the following conditions: a) Except as specified within the conditions of this approval, the development hereby approved is to be carried out generally in accordance with the following plans and the specifications submitted with the application and these shall not be altered and/or modified without the prior knowledge and written consent of the Shire of Manjimup.
b) The fence design hereby approved shall be modified so as to provide a minimum truncation of 1.5 metres abutting the properties boundary to Muir Street. c) The proposed development shall be clad or coloured to complement either the surroundings in which it is located or adjoining developments to the satisfaction of the Shire of Manjimup but the use of reflective materials and colours is not permitted. ADOPTED BY EN BLOC RESOLUTION: 9/0 |
102
APPENDIX
9.5.9 Proposed Planning Policy - Alfresco Dining
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Crown Land |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
All |
|
ZONE: |
Road Reserve |
|
DIRECTORATE: |
Development & Regulation |
|
FILE REFERENCE: |
F161012 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Brian Robinson |
|
DATE OF REPORT: |
11 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Historically the Shire of Manjimup has issued a planning approval for Alfresco Dining on Shire administered public land. This typically relates to footpath areas of public road reserves, located immediately adjacent to a licensed food premises.
Local Planning Policy 6.1.7 – Alfresco Dining guides the placement of tables, chairs and other structures so as to ensure, amongst other things, that pedestrian movement and vehicle sight lines are not impeded. A copy of the current Policy is appended.
APPENDIX: 9.5.9(A)
With a dedicated alfresco dining area now being established within Brockman Street, there is potentially a need to expand the policy requirements to:
a) Consider the implications of larger outdoor dining areas;
b) Ensure a standard of furniture etc to compliment the new works; and
c) Delineation of areas where the operators will seek a liquor license.
A discussion paper was presented to Council on the potential principles to be adopted within a revised Alfresco Dining Policy during the informal meeting held on 12 September 2019. These principles were considered by the Manjimup Town Centre Revitalisation Committee (the Committee) meeting held on 25 September 2019. The Committee recommendations were presented to Council as part of item No L1 at the Ordinary Council Meeting held on 3 October 2019, where Council resolved as follows:
2. Request the Chief Executive Officer to arrange for a review of current Planning Policy No 6.1.7 with a focus on design elements applicable to the Brockman Street Food and Beverage Precinct between Giblett and Rose Street, Manjimup in accordance with the following principles:
a) Uniformity of furniture throughout the alfresco dining area, using the same seating, tables, umbrellas and heaters (where used) to complement the existing amenity of Brockman Street;
b) No furniture is to be fixed in place due to the potential damage to the exposed aggregate concrete, with all furniture to be removed outside of trading hours;
c) Any barricades/fencing should be of a single style being either clear polycarbonate panels, or a high standard of decorative visually permeable fencing capable of being removed outside of trading hours. The use of solid fencing is otherwise not supported; and
d) No advertising material within the alfresco area apart from menus and table caddies/menu’s which should only contain the name of the business and not products.
A copy of the draft Policy is now attached for Council to consider formal adoption of the policy for the purposes of advertising.
ATTACHMENT: 9.5.9(1)
PUBLIC Consultation Undertaken:
Both elected members and members of the Manjimup Town Centre Revitalisation Committee were consulted prior to development of the Policy.
COMMENT (Includes Options):
To assist Council in considering this matter, the following comments are offered:
Current Policy Requirements
The current Planning Policy 6.1.7 relating to Alfresco Dining as shown at Appendix: 9.5.9(A) requires that alfresco dining areas meet the following requirements:
(i) Designed to allow for a minimum clear footpath of 2.0 metres in width. Pedestrians should be permitted to make normal use of the footpath without stepping onto the road at any point.
(ii) Positioned in a manner so as not to obstruct vehicle sightlines at intersections and/or access points.
(iii) Designed to reduce conflict with, or obstruction of view or access to other retail and commercial activities on adjacent properties.
(iv) The appearance and structure of facilities proposed should be compatible with the amenity of the area.
(v) Adequately serviced by a rubbish bin which is to be provided by the applicant, at the rate of one 50 litre bin per twelve seats or part thereof. The rubbish bin shall be adequately serviced and emptied by the applicant.
(vi) Where the alfresco area is to be operated during the hours of darkness, the eating area shall be well lit.
(vii) The applicant shall hold a public liability insurance policy, which covers the alfresco area.
(viii) Where fixtures are temporary, they must be removed at the end of each day.
(ix) Alfresco area approvals will be subject to an annual application renewal.
Matters Not Currently Addressed
The current Policy provisions do not address the following matters:
a) The standard of furniture (i.e. lightweight plastic chairs could be permitted, which may not provide a suitable standard of seating);
b) Standards for other furniture such as umbrellas ensuring minimum head height;
c) The need to prevent furniture from becoming windblown;
d) The consumption of alcohol in alfresco areas associated with licensed premises;
e) Barriers and Delineation of Areas where a liquor license applies;
f) Use of Areas in front of adjacent premises, where alfresco dining is not required;
g) Security/Responsibility in respect of furniture that is not temporary (i.e. is not removed at the end of each day;
h) Acceptable methods of potentially fixing furniture to the ground;
i) Maintenance Standards for Furniture and the area occupied;
j) Removal of furniture to facilitate events or other activities of the LG; and
k) The level of public liability insurance to be held;
It is recommended that the current policy be modified to address the above matters for alfresco dining on public land within the Shire.
Standards of Furniture
Overall the standard of furniture contributes to the amenity of the area and the comfort of customers. Whilst it is desirable to ensure a suitable standard of furniture is used in all locations, it is recommended that a higher and more specific standard of furniture is used within the Brockman Street Alfresco Precinct to complement the standard of recently completed works.
Barricades
Barricades are often used to define a specific alfresco dining area associated with the adjacent business, clearly delineating areas used by different businesses and the area for which a business owner is responsible. Barricades will be a requirement in order to clearly define any area subject of a liquor license.
The use of solid barriers, particularly above 1-1.2 metres in height have the potential to privatise the area and obstruct views of and through the public space. Solid permanent barriers furthermore prevent natural surveillance of an area outside of operational hours.
It is strongly recommended that barriers are standardised within a single alfresco area such as Brockman Street, with a preference for the use of a single standard visually permeable barrier, with a maximum height of 1.0 metre. It is also recommended that the use of commercial barriers such as canvas screens containing advertising be prevented.
Umbrellas
To prevent conflict with pedestrian movement, it is recommended that umbrellas meet minimum heights to prevent coming in contact with pedestrians/patrons. It is also recommended that the use of multiple colour or umbrellas containing advertising be prevented.
It is recommended that the current policy be reviewed with the view to:
a) Limiting umbrellas to a single colour (colour and Style selection); and
b) A minimum head clearance height of 2.3m from the lowest part of the canopy to the pavement.
Advertising Restrictions
To ensure a high level of amenity, it is recommended that the use of alfresco dining areas for advertising be restricted, in accordance with the following principles:
· Advertising on umbrellas/barricades and other furniture not to exceed a maximum of 10% of the surface area;
· Advertising shall not be permitted to be incorporated onto chairs or dining tables;
· Advertising shall be restricted to the logo of the business operating the alfresco area and or products sold on premises; and
· The placement of menu boards or signs associated with the alfresco dining being contained within the approved alfresco area.
STATUTORY ENVIRONMENT:
As the Shire is responsible for the care and control of road reserves within the Shire, Alfresco Dining is required to approved by the Shire both as the effective landowner under the Local Government Act 1995 and the landuse under Local Planning Scheme No 4 (the Scheme).
In accordance with Part 2 of the Scheme, the local government may prepare a Local Planning Policy in respect of any matter related to the planning and development of the Scheme Areas to provide further guidance to both applicants and shire officers. Local Planning Policies are used to assist the local government in making decisions under the Scheme and Council must have regard to these decisions in determining applications for planning approval.
In order for a Local Planning Policy to be introduced, it must be adopted by Council following advertising for public comment over a minimum consultation period of 21 days.
Policy / Strategic Implications:
In adopting guidelines for Alfresco Dining relating to Brockman Street, Council must ensure that the resultant activities are consistent with the objectives of the Manjimup SuperTown Growth Plan and numerous goals and strategies contained within the Strategic Community Plan 2019-2029. Such strategies include, but not limited to:
· Goal 2.1 – Ensuring new people and new businesses attracted to the region;
· Goal 2.6 – The Region grows in reputation as a world-class culinary, agricultural, environmental and trails tourism destination;
· Strategy D9 – Develop town centres to showcase their unique characters and encourage vibrant, mixed use commercial and public spaces.
The Shire of Manjimup Community Strategic Plan 2019-2029 also contains the following recommendations relating to Town Centres that are relevant to the ongoing improvements of town centres within the Shire.
4.4 Town centre are accessible, attractive and inviting whilst maintaining their unique characters.
4.5 Parks and open spaces are attractive and create opportunities for people to come together, socialise and enjoy a range of activities.
4.6 Community infrastructure planning that response to an ageing demographic and is also inherently dementia and disability friendly.
Consistent with these Goals, Strategy D6 outlines that it is the Shires intention to ‘Develop and maintain community infrastructure to a service level that meets the communities needs’.
Organisational risk management:
Appropriate management of the type and location of furniture is required to ensure that furniture placed on public land does not pose a risk. Specific restrictions on the use of light weight furniture or furniture that may become windblown is required to address potential risks.
Financial Implications:
The cost of advertising the draft Policy will be wholly contained within the Shire of Manjimup adopted 2019/20 Annual budget.
Sustainability:
Environmental: Nil.
Economic: Opportunities for significant alfresco dining areas immediately adjacent to commercial premises are limited within the Manjimup Town Centre. Establishment of the extensive alfresco dining area in Brockman Street is expected to attract patrons from both visitors and locals alike who are seeking an alternative dining experience.
Social: The establishment of a high quality alfresco dining experience will greatly enhance the ability for showcasing the character of the area and the Shires reputation as a world-class culinary destination.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Endorse draft Local Planning Policy No 6.1.7 – Alfresco Dining as shown at Attachment: 9.5.9(1) for the purposes of advertising in accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No 4; and
2. Advertise the draft Local Planning Policy No 6.1.7 – Alfresco Dining for a period of not less than 21 days through advertisement in the local paper on the Shire Website and Shire Facebook page.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Endorse draft Local Planning Policy No 6.1.7 – Alfresco Dining as shown at Attachment: 9.5.9(1) for the purposes of advertising in accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No 4; and 2. Advertise the draft Local Planning Policy No 6.1.7 – Alfresco Dining for a period of not less than 21 days through advertisement in the local paper on the Shire Website and Shire Facebook page. ADOPTED BY EN BLOC RESOLUTION: 9/0 |
105
9.7.1 The Keeping of More than Two Cats at No 32 (Lot 23) Brain Street, Manjimup
|
PROPONENT |
Sarah Goddard |
|
OWNER |
Sarah Goddard |
|
LOCATION / ADDRESS: |
32 Brain Street Manjimup |
|
WARD: |
Central |
|
ZONE: |
Enterprise |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F161270 & P51357 |
|
LEGISLATION: |
Shire of Manjimup Health Local Laws 1998 and Cat Act 2011 |
|
AUTHOR: |
Stephen Burch |
|
DATE OF REPORT: |
4 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
An application has been received to keep 3 sterilised Cats over the age of three months at 32 Brain Street, Manjimup. The submitted correspondence is shown attached.
ATTACHMENT: 9.7.1(1)
The applicant recently moved to the Shire of Manjimup with her family and three Ragdoll Cross Cats. One cat is 3½ and the other two are 9 years old. All three cats are sterilised and microchipped. They have advised that the cats are mainly kept in an external enclosure, made from powder coated steel frame, with heavy duty steel corner fittings and a 19mm Stainless steel reinforced UV treated cat netting. The flooring is made up of brick paving.
A copy of the photographs of the cats and the enclosure are shown in Attachment: 9.7.1(2).
ATTACHMENT: 9.7.1(2)
PUBLIC Consultation Undertaken:
There has been no public consultation, however the applicant has obtained five signed approvals from her neighbours.
COMMENT (Includes Options):
At its Ordinary Meeting held on 5 May 2016, Council adopted Policy No 5.2.5 Keeping of Additional Dogs/Cats outlining that the following reasons are acceptable grounds for requesting more than the number of animals prescribed by Local Laws:
i. To replace an elderly or sick dog in the family that it is not expected to live;
ii. Sudden family emergency and dog inherited;
iii. Merging of two households;
iv. Where the applicants have had approval to keep more than prescribed number in another local authority.
In addition the property is required to be inspected and deemed suitable by Council’s regulatory officer(s) or other authorised persons.
In this case it has been confirmed that the cats in question were previously registered with Shire of Mundaring. An inspection of the property has confirmed that the cat enclosure referred to in the background section of this agenda item is acceptable for the keeping of the additional cat as proposed.
Should Council approve the application, the cats will be registered with the Shire of Manjimup as soon as possible.
STATUTORY ENVIRONMENT:
Shire of Manjimup Health Local Laws 1998, Section70 (1), (2) and the Cat Act 2011.
Policy / Strategic Implications:
The proposal as submitted is consistent with the requirements of the Policy. It is therefore recommended that the application be granted. Standard conditions identified by the policy have been included within the officer’s recommendation.
Organisational risk management:
The cats are all sterilised, there is no risk of the cats breeding and all cats are contained within a purpose built enclosure. The risk therefore is low to the organisation.
Financial Implications:
Nil
Sustainability:
Environmental: Domestic cats do have the potential to impact on the environment if not contained effectively. Both the Cat Act 2011 as well as the Shire of Manjimup Health Local Laws 1998 mitigate the risk to the environment by a cat control strategy.
Economic: Nil
Social: It is considered socially responsible to permit a new resident moving to the Shire of Manjimup to keep pets that were registered in another local authority.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council grant an exemption to Section 70(2) Shire of Manjimup Health Local Laws 1998 in order to keep three cats on and within 32 Brain Street, Manjimup subject to compliance with the following conditions:
a) This approval relates to the keeping of the following cats only:
|
Name |
Breed |
Description/Colour |
Microchip No |
|
Lola |
Ragdoll X |
Grey Tabby |
953010002771560 |
|
Moon |
Ragdoll X |
Black |
953010003183018 |
|
Flash |
Ragdoll X |
Tabby |
953010003183026 |
b) That all cats on the property are individually registered with the Shire of Manjimup in accordance with the Cat Act 2011;
c) All Cats being cared for in a manner acceptable to the Shire of Manjimup;
d) Complaints regarding nuisance cat behaviour to be dealt with under the appropriate legislation; and
e) Condition the exemption that once the numbers have been reduced to two cats, the exemption is no longer valid.
Advice to Applicant:
i) The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not to be met, or any complaints and/or nuisance results from the keeping of the additional cats on the premises.
ii) The applicant is advised that this approval is not transferrable to other cats or another property without the prior approval of the Shire of Manjimup.
|
Moved: Eiby, W Seconded: Tapley, D
That Council grant an exemption to Section 70(2) Shire of Manjimup Health Local Laws 1998 in order to keep three cats on and within 32 Brain Street, Manjimup subject to compliance with the following conditions: a) This approval relates to the keeping of the following cats only:
b) That all cats on the property are individually registered with the Shire of Manjimup in accordance with the Cat Act 2011; c) All Cats being cared for in a manner acceptable to the Shire of Manjimup; d) Complaints regarding nuisance cat behaviour to be dealt with under the appropriate legislation; and e) Condition the exemption that once the numbers have been reduced to two cats, the exemption is no longer valid. Advice to Applicant: i) The applicant is advised that the Shire of Manjimup reserve the right to revoke this approval should any of the above conditions not to be met, or any complaints and/or nuisance results from the keeping of the additional cats on the premises. ii) The applicant is advised that this approval is not transferrable to other cats or another property without the prior approval of the Shire of Manjimup. ADOPTED BY EN BLOC RESOLUTION: 9/0 |
110
9.8.1 Temporary Camping Application at Rea Park, Manjimup
|
PROPONENT |
Manjimup Apex Club |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Rea Park, Collier Street Manjimup |
|
WARD: |
Central |
|
ZONE: |
Parks and Recreation |
|
DIRECTORATE: |
Development Services |
|
FILE REFERENCE: |
F160708 |
|
LEGISLATION: |
Caravan Park and Camping Ground Regulations 1997 Health (Public Building) Regulations 1992 Local Government Act 1995 |
|
AUTHOR: |
Grayson Hindmarsh |
|
DATE OF REPORT: |
10 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire has received application from the Manjimup Apex Club to utilise Rea Park as a temporary camping site over the Labour Day long weekend 28 February to 2 March 2020. It is envisaged a minimum of 40 patrons occupying 20 tent sites and a few camper trailers/caravans are seeking approval for the Rea Park location. A copy of the email request is attached.
ATTACHMENT: 9.8.1(1)
Patrons attending the event, termed the Apex State Catch Up 2020 event, will be drawn to Manjimup from the state-wide Apex membership. The Apex Club is a service club for 18 – 45 year olds and this annual event attracts members from across the state for a weekend of business, and service work.
Council is requested to consider the request given that the applicants are proposing to utilise land under the care and control of the Shire.
PUBLIC Consultation Undertaken:
The applicant has approached the two existing caravan parks within a 10km radius of the Manjimup town site. In response, the proprietors have stated as follows:
a) Manjimup Central Caravan Park – Are happy for the camping to occur as proposed; and
b) Fontys Pool Caravan Park could only cater for a large group in the unpowered area.
Copies of emails received from the two caravan parks are attached.
ATTACHMENT: 9.8.1(2)
The proprietors of the fore mentioned caravan parks have stated they could not guarantee the Apex Club patrons could stay together on their sites as a group in one particular area. Furthermore, the Apex Club is concerned that the late hours members keep during the catch ups (after 9pm) could be problematic and affect other patrons staying at either of the two licensed caravan parks.
COMMENT (Includes options):
The Apex Club held its 2019 Annual State Catch Up at Geraldton and was considered a success by the club and interest is recognised from their membership throughout the state to attend these events. On the back of the success of the 2019 Geraldton Annual State Catch Up the 2020 event will have visiting representation of membership from the eastern states.
Registration for the event is conducted in-house by the Apex Club and does not close until the 14 February 2020, therefore exact numbers and participation are only a forecast at present. The Manjimup Apex Club President Ms Tari Jeffers has stated that the site numbers are a pragmatic estimate and will keep the Shire informed should this application be successful.
Councillors are advised any approval issued will be subject to conditions to mitigate any off site impacts during the club stay. Conditions that may be imposed by Shire Officers include, but not limited to the following-
· Responsible person or site manager be present;
· Camp sites are provided for Apex Members only;
· Provision of sanitary facilities;
· Food safety;
· Noise control; and
· Waste control including site clean-up;
STATUTORY ENVIRONMENT:
The primary legislation applicable to camping is the Caravan Parks and Camping Ground Act 1995 and the associated Caravan Parks and Camping Ground Regulations 1997. In accordance with clause 54 of the Regulations, a local government may Temporary license for the operation of a caravan park/camping facility.
Other relevant legislation includes the Health (Public Building) Regulations 1992 and the Local Government Act 1995.
Policy / Strategic Implications:
Council has adopted Environmental Health Policy No 5.1.9 – Temporary Camping for Events to guide both Shire Officers and applicants seeking to establish temporary camping in association with an event. The Policy applies to both private and Shire controlled lands.
In accordance with the Policy, the Chief Executive Officer is delegated authority to approve applications for temporary camping where the application is consistent with the Policy. Although the application complies with the Policy, it has been common practice for Council to require demonstration that other commercial operators are unable to cater for event patrons before approving the use of Shire controlled lands. The application has been referred to Council for determination as Fonty’s Pool may be able to still cater for the event, however only in an unpowered area of their campground.
Apex have advised that the success of the event will be dependent on attendees being able to camp together, being an integral part of the Statewide ‘Catch Up’. Given their as a demonstrated need for the camping to occur to it is recommended that approval to utilise Rea Park be granted.
Approval to the proposed overflow camping area would be consistent with the following goals and strategies identified within the Shire of Manjimup’s Strategic Community Plan 2019 – 2029:
· “Our Prosperity” 2.1 - New people and new businesses are attracted to the region.
· “Our Prosperity” 2.5 - Local business thrives because it has access to information and support, and because the community maximises the use of local resources, services and products.
· Strategy B16. Support services and infrastructure to encourage caravan and RV tourism.
Organisational risk management:
There may be some negative feedback towards the Shire should this request not be approved. There may also be negative feedback if the request is approved without appropriate consideration of the impact on existing commercial enterprises.
Whilst the Manjimup Central Caravan Park has confirmed they have no objection to the camping as proposed, the submission from Fonty’s Caravan Park indicates that they could cater for the large group, but only in their unpowered sites area. The lack of power would restrict the activities that could be undertaken by the group.
Financial Implications:
The Shire of Manjimup Fees and Charges will be applicable. The temporary camping licence is a minimum of $100 or $3.00 per site per night.
Sustainability:
Environmental: Nil
Economic: The event will attract new visitors to the Shire of Manjimup and will result in increased visitor spending which will contribute to economic growth.
Social: Granting permission to the request will result in Apex members being exposed to and focus being given to the Shire of Manjimup’s unique location through the activities of outside community groups.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council grants approval to the use of Rea Park as a temporary camping ground for a maximum of 30 sites to the Manjimup Apex Club for the 28 February 2020 to 2 March 2020.
|
Moved: Eiby, W Seconded: Tapley, D
That Council grants approval to the use of Rea Park as a temporary camping ground for a maximum of 30 sites to the Manjimup Apex Club for the 28 February 2020 to 2 March 2020.
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
113
APPENDIX
9.9.2 Proposed Review of Policy 3.1.3 Community Fund Allocation
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
Whole of Shire |
|
ZONE: |
All |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F160252 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Evy Apeldoorn |
|
DATE OF REPORT: |
8 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup Community Funds Allocation Policy 3.1.3 was last reviewed on 8 February 2018. Although the Policy is not due for review yet, a few changes are proposed to improve the Policy.
At the time of its initial adoption in 2011, the policy formalised Council’s position in regard to the annual allocation of funds to support the activity of community groups. The policy objectives are to provide guidance to Council, officers and the community for a consistent and transparent program of funds allocation across the three community categories of general groups, youth and events. A copy of the existing policy is appended.
APPENDIX: 9.9.2(A)
The policy has been reviewed and amended to provide greater clarity as outlined in the Comments section. The amended policy is attached.
ATTACHMENT: 9.9.2(1)
PUBLIC Consultation Undertaken:
No public consultation was undertaken; however, in carrying out this review note was made of various matters, in particular regarding the grant acquittal process, in dealing with applications for funds in the previous annual rounds. The amended policy aims to addresses these matters.
COMMENT (Includes Options):
In accordance with the current policy Council endeavours to allocate 2% of the prior year’s rates revenue to the Community Fund Program. While this amount may, over time, reflect growth or decline in Council rate base, the number of applications for funds and the total sum of funds applied for are growing steadily, with the program being oversubscribed each year. These circumstances require a robust set of conditions and criteria framing a clear and transparent funding program so that Council, officers and community applicants can all participate or fulfil their respective roles in the program with confidence.
The Policy has been reviewed in terms of format, clarity and the desired outcomes. After review, the following amendments have been made to the existing policy:
1. The period to acquit the granted moneys has been shortened from ‘six months after the completion of the project/event’ to ‘as soon as possible after the completion of the project, but no later than three (3) months after the end of the Shire’s financial year (i.e. by 30 September of the following financial year)’. This is to ensure groups submit their acquittal for last year’s project/event in a timely fashion, as the acquittal is a requirement for any following year’s funding to be released;
2. A short paragraph has been added to provide clarity on the process for unallocated funds; and
3. A few minor textual corrections.
STATUTORY ENVIRONMENT:
Local Government Act (1995) s6.7
Policy / Strategic Implications:
Application of this policy supports various community groups, projects and events to carry out their own activities. These activities, however, also serve to support Council in fulfilling the objectives of various Council Plans and Strategies including: Shire of Manjimup Strategic Community Plan 2019 – 2029, Access and Inclusion Plan 2018 – 2023, Arts & Culture Strategic Plan 2013 – 2023, Youth Strategic Plan 2013 – 2023, Age Friendly Communities Plan 2016 – 2021, and the Sport & Recreation Strategic Plan 2014 – 2024.
Organisational risk management:
This policy guides the appropriate administration and funds allocation of the Community Funds Program. The policy provides guidelines for officers in the correct administration of the program, for applicants in their selection of the appropriate funding category to apply for funds within and for Council in their allocation of funds. The intent of this policy is to provide clarity, consistency and transparency to the community and the applicants as well as to officers and Council so as to manage and minimise organisational risk.
Financial Implications:
Application of this policy requires Council to endeavour to allocate 2% of the prior year’s rate revenue to the Community Funds Program annually.
Sustainability:
Environmental: Nil.
Economic: This policy guides the allocation of Council funds to a variety of community groups, projects and events which in turn supports opportunity for those recipients to improve their economic sustainability.
Social: In supporting the economic sustainability of various community groups, projects and events, this policy provides for enhanced social opportunity across the Shire and across a wide variety of themes and activities.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt amended Policy 3.1.3 Community Funds Allocation as per Attachment: 9.9.2(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council adopt amended Policy 3.1.3 Community Funds Allocation as per Attachment: 9.9.2(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
115
9.9.4 Community Services Directorate Quarterly Report July - September 2019
|
PROPONENT |
Director Community Services |
|
OWNER |
Whole of Shire |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
Whole of Shire |
|
ZONE: |
N/A |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F160966 |
|
LEGISLATION: |
Various |
|
AUTHOR: |
Gail Ipsen Cutts |
|
DATE OF REPORT: |
10 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A report outlining activities for the July - September 2019 quarter for the Community Services Directorate is attached for Councillors information.
ATTACHMENT: 9.9.4(1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The purpose of the report is to inform Councillors of activities and provide an opportunity to respond to any queries arising from those activities.
STATUTORY ENVIRONMENT:
Nil.
Policy / Strategic Implications:
Nil.
Organisational risk management:
Nil.
Financial Implications:
Nil.
Sustainability:
Environmental: Nil.
Economic: Nil.
Social: Community Services Directorate facilities, programmes and services have a significant role in developing the lifestyle and wellness opportunities throughout the Shire and as such contribute to the attractiveness of the Shire to live, play and invest in.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council receive the Community Services Directorate Quarterly Report July – September 2019 as contained in the Attachment: 9.9.4(1).
|
Moved: Eiby, W Seconded: Tapley, D
That Council receive the Community Services Directorate Quarterly Report July – September 2019 as contained in the Attachment: 9.9.4(1).
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
118
9.12.1 Proposed Closure of a Portion of Unnamed Road Reserve in the Vicinity of Churches Road, Jardee
|
PROPONENT |
Bamess Farms, Pemberton |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Unnamed Road Reserve, Jardee |
|
WARD: |
West Ward |
|
ZONE: |
Priority Agriculture |
|
DIRECTORATE: |
Works & Services |
|
FILE REFERENCE: |
F190278 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Catherine Mills |
|
DATE OF REPORT: |
3 October 2019 |
|
DECLARATION OF INTEREST: |
The Shire’s Senior Administration & Properties Officer is related to the proponent but was not was not involved in the preparation of this report. |
Background:
Council has received a request to close a portion of unconstructed road reserve in the vicinity of Churches Road, Jardee. The subject portion is located within Lot 11221 Churches Road Jardee, which is owned by the proponent, thus segregating Lot 11221 into two parcels of land. It is the proponents’ intent to amalgamate the closed portion of unconstructed road reserve with the two parcels of Lot 11221 ensuring one lot is achieved. The additional land has been flagged for further development of the farm including a possible dam site. The image below shows the location plan of the unconstructed road reserve in relation to the above mentioned road.
The purpose of this agenda item is to seek Council support for the closure of the unconstructed road reserve and to seek approval to go out to public consultation in accordance with the Land Administration Act 1997.
Location Plan
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
The proposed road closure does not pose any land lock issues for adjoining property owners in the area provided it is amalgamated as a whole with Lot 11221. It is therefore recommended Council resolve to approve closure of this portion of unconstructed road reserve and subsequent amalgamation into Lot 11221, Churches Road, subject to the public consultation period.
If supported, public notice advertising will be required and direct consultation, via posted letters with neighbouring property owners and government service agencies will also be undertaken.
Should Council receive no objection to the proposal during the public consultation period, this proposed road closure will be forwarded to the Department of Lands, Planning and Heritage for finalisation hence recommendation three indemnifies the Minister of Lands against any claim for compensation resulting from the proposed road closure.
STATUTORY ENVIRONMENT:
To enable the closure of a public road, the Land Administration Act 1997 prescribes a public consultation period followed by a resolution of Council after which the proposal is submitted to the Department of Lands, Planning and Heritage
Policy / Strategic Implications:
Closing unrequired road reserves serves to reduce the overall land management potential burden on Council. The total approximate area to be closed through this proposal is 7800m2.
Organisational risk management:
Nil. Prior to Council initiating a road closure process, there is an obligation to ensure that the proposal will not result in land lock issues nor additional costs being imposed on the Shire. Both issues have been negated.
Financial Implications:
There are no financial implications for Council. The progression of the road closure is on the basis that the proponent pays all fees and assumes all the associated costs including survey fees. The Shire’s fee for this process is $990 and has been paid by the proponent. Future sale of the closed portion of unconstructed road reserve will be entirely negotiated by the Department of Planning, Lands and Heritage.
Sustainability:
Environmental: The portion of unconstructed road reserve proposed for amalgamation is almost entirely un-vegetated with native flora and already used for passive and active agricultural activities.
Economic: Reducing the number unconstructed road reserves within the Shire that provide no strategic importance reduces unnecessary land administration activities by the shire.
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Approve the public consultation of the proposed road reserve closure and amalgamation into Lot 11221 Churches Road, Jardee in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days;
2. Support the closure of the portion of unconstructed road reserve located within Lot 11221 Churches Road, Jardee and, pending public consultation, forward the request to the Minister for Lands for approval;
3. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure; and
4. Be provided with a new agenda report should any objections be received as a result of the public consultation.
|
Moved: Eiby, W Seconded: Tapley, D
That Council: 1. Approve the public consultation of the proposed road reserve closure and amalgamation into Lot 11221 Churches Road, Jardee in accordance with the requirements of the Land Administration Act 1997, for a period of 35 days; 2. Support the closure of the portion of unconstructed road reserve located within Lot 11221 Churches Road, Jardee and, pending public consultation, forward the request to the Minister for Lands for approval; 3. Indemnify the Minister for Lands against any claim for compensation resulting from the proposed road closure; and 4. Be provided with a new agenda report should any objections be received as a result of the public consultation.
ADOPTED BY EN BLOC RESOLUTION: 9/0 |
120
9.15.1 Unconfirmed Minutes of the Airfield Management Committee Meeting held 11 September 2019
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Dawn Road, Manjimup |
|
WARD: |
Central |
|
ZONE: |
Public Purposes |
|
DIRECTORATE: |
Works & Services |
|
FILE REFERENCE: |
F170380 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Debbie Whittle |
|
DATE OF REPORT: |
12 September 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The primary purpose of the Shire of Manjimup Airfield Management Committee is to manage and maintain the Manjimup Airfield and associated facilities in accordance with Council’s policy and the guidelines laid down by Air Services Australia and the Civil Aviation Safety Authority. As well as undertaking maintenance activities within the Council’s approved annual budget, the Committee advises Council on the future development of the airfield. The purpose of this report is to present to Council the unconfirmed minutes of the Airfield Management Committee meeting held on 11 September 2019. A copy of the minutes is included in the attachment.
ATTACHMENT: 9.15.1(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
There were no resolutions of the Committee requiring a decision of Council.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
The airfield services a large geographical area providing emergency access to firefighting and hospitals.
Organisational risk management:
Nil.
Financial Implications:
In accordance with Council’s adopted budget for the financial year.
Sustainability:
Environmental: Nil.
Economic: Nil
Social: The airfield is critical infrastructure to the community.
VOTING REQUIREMENTS: SIMPLE MAJORITY
That Council receive the unconfirmed minutes of the Airfield Management Committee Meeting, held 11 September 2019, as shown in Attachment: 9.15.1(1).
124
9.3.4 Proposed Transfer of Lease over Site 205 Windy Harbour and Consideration of Professional Fisherman Conditions
|
PROPONENT |
B Johnson and M Johnson |
|
OWNER |
Crown (Management Order to Shire) |
|
LOCATION / ADDRESS: |
Site 205 Island View, Windy Harbour |
|
WARD: |
Coastal |
|
ZONE: |
Special Use Zone No 5 |
|
DIRECTORATE: |
Business |
|
FILE REFERENCE: |
F190332 |
|
LEGISLATION: |
Local Government Act 1995 Land Administration Act 1997 |
|
AUTHOR: |
Jasmine Bamess |
|
DATE OF REPORT: |
14 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
The Shire of Manjimup has the Management Order for Reserve 38881 Windy Harbour for the purpose of “Recreation, Camping, Caravan Park and Holiday Cottages” with the power to lease, subject to the consent of the Minister for Lands. Since 2001 Council has been granting 20 year leases for designated lease sites.
There are seven lease sites designated for professional fisherman, with additional lease conditions requiring them to hold a commercial fishing licence and a fishing boat licence.
Brendan Johnson and Marcia Johnson have a professional fisherman lease over Site 205 and have proposed to transfer the lease solely to Marcia Johnson.
Marcia Johnson has submitted a request to continue to reside at Site 205 without conducting professional fishing or holding the required fishing licences.
ATTACHMENT: 9.3.4(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The professional fisherman lease sites are designated to ensure land use impacts are appropriately buffered from the holiday cottages and other activities on the Windy Harbour reserve. These leases also differ from the holiday cottage leases as they are larger lease sites in a more prominent position and are permitted to be used as a residence. Extracts of the permitted use and additional conditions of the professional fisherman leases are attached.
ATTACHMENT: 9.3.4(2)
While the specific conditions are set in the lease, it is the Windy Harbour Management Plan 2007 – 2017 that guides land use and designates these sites for professional fisherman. The Windy Harbour Management Plan is due for review, which will determine the future need for the professional fisherman leases prior to any permanent land use changes. Therefore, the options outlined in this report are based on the current lease conditions.
Option 1 – Refuse consent to the lease transfer
It is known that the proposed transferee will be in breach of the lease conditions by not conducting professional fishing activities and not holding the associated fishing licences. On this basis, ordinarily it would be recommended to refuse approval for the lease transfer. However, as the leaseholders have complied with the professional fishing conditions since the lease was transferred to them in 2002 and one of the existing leaseholders is proposed to remain, the following options are provided for consideration.
Option 2 – Approve the lease transfer and grant an extension to Additional Conditions 3(a) and 3(b) of the Lease (Recommendation)
Additional condition 3 of the lease outlines the procedure should a lessee be unable or unwilling to continue to comply with the fishing licence requirements and therefore be in breach of the lease conditions. This provides 12 months for the lessee to sell/transfer the lease to another professional fisherman. If they are unsuccessful with this the lease is then surrendered, with a six month licence at will to vacate the lease site. However, condition 3(e) provides that an extension may be granted to these timeframes.
The existing lease term is from 24 June 2004 to 23 June 2024, with less than five years remaining. It is recommended to grant an extension to the time period in conditions 3(a) and 3(b) to the end of the existing lease term.
This does not provide the lessee with the security of tenure they are seeking, however, even though the professional fisherman leases allow for the lessee to use it as a residential premises, as a lease the tenure of the land should not be perceived as permanent beyond the term of the lease and the permitted purpose. This recommendation is based on the current Windy Harbour Management Plan and lease conditions.
Option 3 – New 20 year lease (Transferee’s Request)
Policy 3.4.2 Windy Harbour Leases outlines that in the event of the transfer of a lease a request can be considered to terminate the existing lease and grant a new 20 year lease. A full 20 year lease term has been requested by the proposed transferee.
In this instance it is not considered appropriate to recommend a new 20 year lease when it is known that the lessee will immediately be in breach of an essential term of the lease. A review of the Windy Harbour Management Plan is recommended before determining if the land use and/or professional fisherman lease conditions can be changed.
There is a shed on site 204 that encroaches over the boundary of site 205. As an existing leaseholder is remaining this does not need to be addressed at this time. In the event of one of the leases being transferred to a new leaseholder it will be recommended that an agreement be entered into between the two leases.
STATUTORY ENVIRONMENT:
A transfer/assignment of an existing lease does not constitute a ‘disposition of property’ from the Local Government’s point of view. Windy Harbour leases are also considered residential and therefore exempt from section 3.58 (Disposing of Property) of the Local Government Act 1995 under regulation 30(2)(g) of the Local Government (Functions and General) Regulations 1996.
Each lease and any subsequent transfers must receive the approval of the Minister for Lands in accordance with section 18 of the Land Administration Act 1997.
Policy / Strategic Implications:
The designation of the fisherman leases is by the Windy Harbour Management Plan 2007 – 2017. Policy 3.4.2 Windy Harbour Leases provides the guidelines for transfer of leases, but does not differentiate between holiday cottage leases and professional fisherman leases.
Organisational risk management:
A review of the Windy Harbour Management Plan 2007-2017 should occur before making an informed determination for a change of land use or lease conditions for the professional fisherman lease sites.
The decision on this lease transfer request may set a precedence for the other professional fisherman leases.
Financial Implications:
Leaseholders are required to pay the Shire lease preparation fee to offset the administration costs of preparing and lodging each lease, lease surrender or lease transfer.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council, subject to the transfer proceeding, approve the transfer of the existing lease over Site 205 Windy Harbour from Brendan Johnson and Marcia Johnson as joint tenants to Marcia Johnson, subject to the following conditions:
a) Approval is given for an extension of the period of time referred to additional conditions 3(a) and 3(b) of the lease, to sell/assign the lease, from ‘within 12 months’ to ‘by 23 June 2024’, being six months prior to the end of the existing lease term; and
b) Approval of the Minister for Lands.
|
Moved: Omodei, P Seconded: Eiby, W
That Council, subject to the transfer proceeding, approve the transfer of the existing lease over Site 205 Windy Harbour from Brendan Johnson and Marcia Johnson as joint tenants to Marcia Johnson, subject to the following conditions: a) Approval is given for an extension of the period of time referred to additional conditions 3(a) and 3(b) of the lease, to sell/assign the lease, from ‘within 12 months’ to ‘by 23 June 2024’, being six months prior to the end of the existing lease term; and b) Approval of the Minister for Lands. CARRIED: 9/0 |
9.5.1 Proposed Local Planning Policy 6.1.23 - Encouraging Public Art
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
N/A |
|
LOCATION / ADDRESS: |
Whole of Shire |
|
WARD: |
Whole of Shire |
|
ZONE: |
Various |
|
DIRECTORATE: |
Development and Regulation |
|
FILE REFERENCE: |
F180271 |
|
LEGISLATION: |
Planning and Development Act 2005 |
|
AUTHOR: |
Jocelyn Baister |
|
DATE OF REPORT: |
1 August 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Public art, is artwork that is located in public spaces and buildings other than galleries and museums. Public art contributes to the identity of a place in various ways by:
· interpreting and highlighting local culture and customs;
· contributing positively to the overall design and visual appearance of a place; and
· adding to the liveliness, familiarity, and legibility of a place through the creation of memorable experiences and landmarks.
Public art also creates work opportunities for local artists, businesses and manufacturers, and can play a major role in cultural tourism.
Within the 2013-23 Arts and Culture Strategic Plan, as adopted by Council, the Shire of Manjimup endorses the view that Arts and Culture:
· provide a powerful vehicle to transform communities and play an important role in creating social, educational and economic opportunities;
· can engender a sense of pride in the community’s identity and activate resilience, hope and vitality; and
· can empower people to imagine, express and address new forms of democracy.
Strategy 4.25 of the Shire of Manjimup’s Arts & Culture Strategic Plan identifies that a key performance indicator of the strategy is to introduce a ‘Per Cent for Arts’ Policy. The purpose of the Policy being to ensure that substantial development contributes to the visual appearance of the area.
Council is requested to consider approving draft Local Planning Policy 6.1.23 – Encouraging Public Art (the draft Policy) for the purpose of advertising it for public comment. A copy of the draft Policy is shown attached.
ATTACHMENT: 9.5.1(1)
PUBLIC Consultation Undertaken:
Nil.
COMMENT (Includes Options):
Local Planning Policies are guidelines incorporated into the Local Planning Scheme No. 4 (the Scheme) and used to guide 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 within the Scheme area. Once adopted by Council the Policies are used to guide both applicants and the local government through the decision making process.
The introduction of the draft Policy will encourage both public and private development to positively contribute to the visual appearance of the public realm by either providing public art on the development site or a cash component for the Shire to provide public art on Shire owned or managed land. If approved the draft Policy will provide the Shire with an assessment tool for when developers elect to provide public art or a contribution towards public art.
The provision of public art, which is either incorporated into a development (i.e as part of a building or associated landscaping) or areas of public open space, at one percent of the value of the construction budget, can assist in defining the entire development and could provide a greater benefit for the whole town.
For developers or investors, public art provides value, cultural investment and a connection with local communities. In many cases it provides a point of difference for a development or it can become an identifiable landmark to an area. It also offers a way to engage with the people who will live, use, interact or benefit from the development.
It should be noted that rather than introduce a mandatory requirement for developers to make a contribution towards public art, the policy has been prepared so as to encourage such contributions. There is concern that if contributions were made mandatory, prospective developers may be discouraged from investing for significant capital projects in the Shire, particularly given that many other local authorities in the South West have not adopted such policies and investment may be more affordable elsewhere.
Endorsement of the draft Policy is recommended in order that the Policy may be advertised for public comment 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:
Planning and Development Act
2005 and Shire of Manjimup’s Local Planning Scheme No. 4.
Policy / Strategic Implications:
The draft policy will assist in the delivery of the following Strategies under the Shire of Manjimup Strategic Community Plan 2019-2029:
C21. Facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements.
C22. Install and maintain quality public artworks for everyone to enjoy.
The draft Policy will achieve Strategy 4.25 of the Shire of Manjimup’s 2013-23 Arts & Culture Strategic Plan.
Organisational risk management:
Nil.
Financial Implications:
As reflected within the draft policy, a developer may choose to incorporate required artwork into a building or associated landscaping, or choose to pay the Shire Cash-in-lieu towards artwork on public land.
The cash in lieu component of this policy will subsidise funds allocated by the Shire for public art acquisition. Maintenance costs associated with new Shire owned public art will need to be factored into the cost of any new public art commissioned by the Shire. To guide future art commissions by the Shire, a separate, operational management policy will be prepared.
The costs of advertising the draft Policy will be met through Statutory Planning’s operational budget.
Sustainability:
Environmental: Nil.
Economic: The draft Policy will enhance the public art contributions within towns of the Shire of Manjimup and create opportunities for landmarks and destinations.
Social: Public art assists in engaging with different cultures by telling stories, uniting communities and reflecting history.
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 6.1.23 – Encouraging Public Art, 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 the Scheme area and the Shire of Manjimup Website; and
2. Await a further report on the draft Local Planning Policy No. 6.1.23 – Encouraging Public Art following close of advertising referred to in point 1 above.
|
Moved: Ventris, M Seconded: Tapley, D
That Council not support the adoption of draft Planning Policy 6.1.23 – Encouraging Public Art as contained in Attachment 9.5.1(1) and that notwithstanding recommendation 4.25 of the Shire of Manjimup Arts and Culture Strategic Plan 2013-2023, Council not proceed with the development of such a planning policy. MOTION PASSED 5/4
Reasons: · The introduction of a Per Cent for Art Policy has the potential to discourage prospective developers from investing in significant capital projects within the Shire.
|
136
9.7.2 Proposed Introduction of Timed Parking - Manjimup Central Business District
|
PROPONENT |
Shire of Manjimup |
|
OWNER |
Crown |
|
LOCATION / ADDRESS: |
Brockman Street and Giblett Street Road Reserves |
|
WARD: |
Central |
|
ZONE: |
Road Reserve |
|
DIRECTORATE: |
Development & Regulation |
|
FILE REFERENCE: |
F170127 |
|
LEGISLATION: |
Local Government Act 1995 Shire of Manjimup Parking Local Law 2018 |
|
AUTHOR: |
Brian Robinson |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
Following the gazettal of the new Shire of Manjimup Parking Local Law 2018, Council considered the potential introduction of timed parking zones within the Manjimup Central Business District at its Ordinary Meeting held on 22 August 2019.
With a specific focus on Brockman Street, Council resolved to advertise the following timed parking zones for a period of 21 days:
a) 30 minute time limited parking bays on the northern side of Brockman Street west of Guadagnino Lane;
b) A 2 hour time limit for the balance of Brockman Street;
c) 30 minute parking bays on the western side of Giblett Street at the following locations:
· The first five bays to the north of Ipsen Street (excluding the Accessible Parking Bay);
· The first five bays south of Brockman Street (excluding the Accessible Parking Bay); and
· The first three bays north of Brockman Street, including the Accessible Parking Bay.
With advertising of the proposed timed parking zones now complete, Council is requested to consider implementation of timed parking zones, having regard to the submissions received.
PUBLIC Consultation Undertaken:
During the process of identifying the proposed Timed Parking Zones, Shire Officers consulted with the Manjimup Town Centre Revitalisation Committee and presented to the Manjimup Chamber of Commerce.
The proposed timed parking zones have now been advertised for a period of 21 days through advertisement in the local newspaper and placement on the Shires website and Facebook page.
The advertising period closed on 9 October 2019, with a total of 6 submissions being received. A schedule of the submissions is shown attached, whilst full copies of the submissions can be made available to elected members on request.
ATTACHMENT: 9.7.2(1)
By way of summary, three submissions oppose the introduction of timed parking, although two of these support landowners and employees being “encouraged to park at the rear of their business”. The remaining three submissions call for consideration to be given to the introduction of additional timed parking within the Manjimup Central Business District.
COMMENT (Includes Options):
Clause 5.2 of the Shire of Manjimup Parking Local Law 2019 permits the introduction of timed parking on thoroughfares within the Manjimup Central Business District (CBD) between the hours of 8:00am and 6pm Monday to Friday and 8:00am to 12:30pm Saturday, except public holidays.
The Local Law describes the CBD as that area located between Giblett Street, Rose Street, Ipsen Street and Mount Street.
To assist Council in determining this matter, the following comments are offered:
Purpose of Timed Parking
In the absence of timed parking, Shire Officers have received complaints regarding business owners and/or their employees parking in on-street parking bays over extended periods, restricting the availability of on-street parking bays for potential customers.
Whilst these complaints have generally been resolved through informal discussions and requests, the introduction will give Shire Officers the tools necessary to ensure the availability of on-street parking is maximised.
Objections Received
As reflected within the Schedule of Submissions shown at Attachment: 9.7.2(1), submissions 1, 2 and 3 object to the introduction of timed parking, citing the following reasons:
a) Timed parking is not required as Manjimup is a country town;
b) The introduction of timed parking will discourage visitors and residents;
c) Enforcement of the time parking will create costs; and
d) The introduction of timed parking will impact on business owners as customers will resort to shopping elsewhere.
The need for timed parking and its enforcement is outlined in the section “Need for Timed Parking” overleaf.
One of the submissions questions whether the Shire has consulted other towns/cities who have introduced this system and further identified that they discussed this with business owners and customers in Bunbury and attribute parking issues to the demise of retail in the City of Bunbury.
A system of timed parking in primarily retail areas was introduced in Bridgetown several years ago and as highlighted by the author of submission No 5 appears to be successful in preventing long term parking in inappropriate locations. In addition to strict timed parking within the Bunbury CBD, longer term parking areas are generally ‘paid parking’ areas, being significantly different to the unpaid timed parking zones proposed for the Manjimup CBD.
One submission also identifies that the main street is “dead as a dodo” on a Sunday. It is recommended that any timed parking in Manjimup is limited to normal business hours of 8am to 5pm Monday to Friday and 8am to 12pm Saturday. It is during these times that officers generally receive complaints regarding vehicles being parked over extended hours, restricting access to the adjacent business.
Restrictions are not proposed outside of these times.
Need for Timed Parking
As stated within several objections received, issues and complaints around vehicles being parked for extended periods are generally associated with business owners and their employees parking in bays adjacent to other retail premises.
As reflected within the Schedule of Submissions, one author has previously suggested that “shopper parking” be introduced as an alternative to timed parking zones and that this would reduce the need for additional staff time/resources. In response, Council is advised that:
a) No matter how restrictions are termed, they will require enforcement or they will not have effect. Enforcement will require officer time/resources to be allocated; and
b) Shire Officers would not be able to legally enforce a “shopper parking” approach, which in the author of this reports opinion will require more officer time to negotiate and educate offenders than would be involved in enforcement of timed parking.
As it currently stands, Shire Officers cannot legally require business owners or their employees to park at the rear of their business or place of employment. Although previous education programs have been undertaken to encourage business owners not to occupy street parking adjacent to their business or adjacent businesses, issues continue to arise.
Issues associated with business owners and the employees parking over whole and half day periods have been acknowledged and/or highlighted within four (4) of the submissions received.
The introduction of timed parking zones will allow Shire Officers to minimise this practice. Although an additional education campaign will be undertaken in association with the introduction of timed parking, the introduction of timed parking is advisable.
Length of Time
As detailed in the background section of this agenda item, two forms of timed parking are proposed. These are 30 minute bays in three locations in Giblett Street and one in Brockman Street, with a two hour limit on the remaining bays in Brockman Street.
Whilst three of the submissions object to the introduction of timed parking generally, no specific feedback was received in response to advertising of the proposal. It is therefore recommend that Council proceed with the introduction of these 30 minute timed parking zones.
One of the comments received is that consideration should be given to the introduction of a 3 hour limit as opposed to a two hour limit. Whilst no objection is raised in response to a 3 hour rather than 2 hour limit, further public consultation should be undertaken as public comments have not been sought on a 3 hour limit.
Additional Timed Parking Zones
Three of the submissions received recommend that consideration be given to the introduction of timed parking for other areas within the CBD. Specifically comment has been made that all other parking bays located on Giblett Street between Ipsen Street and Mount Street and on Rose Street between Ipsen and Brockman Street.
Three of the submissions received highlight problems with business owners/employees and volunteers parking for extended periods of time at the northern end of Giblett Street (between Brockman and Mount Street).
Should Council wish to entertain the introduction of additional timed parking areas within the CBD, it is recommended that a further public consultation period be undertaken in respect of those areas. It should however be noted that only one submission suggests the introduction of timed parking in Giblett Street and Rose Street between Ipsen and Brockman Streets. Submission No 3 comes from the owner/operator of a business in this area within Giblett Street and indicate that there are no issues with car parking in this area.
Staged Introduction
Two of the submissions received urge Council to adopt a whole of Manjimup CBD strategy in respect of time parking, long vehicle bays etc.
As elected members are aware the recent introduction of the Shires Parking Local Laws 2019 has given the local authority the ability to consider the formal introduction of timed parking within the Manjimup CBD for the first time. Initially Shire officers were considering recommending introduction of timed parking in areas in addition to those adopted for the purposes of advertising.
However prior to formalising the proposals, it was apparent that there may be some objection to the establishment of extensive timed parking areas, as evidenced by the fact that the author of submission 6 addressed Council opposing the introduction of timed parking. For this reason, officers recommended a staged introduction of timed parking areas, focusing on specific locations associated with a need to ensure a high turn over of parking bays and Brockman Street given that other areas suitable for longer term parking have been established in close proximity (i.e Rose Street to the north of the Reject Shop).
The objections to timed parking as outlined in submissions 1 – 3 within the Schedule of Submissions confirms that the introduction of timed parking is not unanimously supported by business owners or the general public.
For this reason it is recommended that Council proceed with the parking zones as proposed and give further consideration to the introduction for additional timed parking following a review of the initial timed parking zones.
Enforcement
Once the timed parking is established, it is expected that limited enforcement will be required. An operational guideline is currently being prepared for the enforcement of the new Local Laws, with a strong emphasis on education. Introduction of the timed parking zones as proposed will ensure that Shire Officers have the ability to ensure that long term parking does not occur in inappropriate locations.
Additional Accessible Parking Bay
One of the submissions received recommends the establishment of an additional accessible compliant parking bay on Giblett Street adjacent to the newsagency. It is recommended that this suggestion not be supported at this time given that:
a) The Accessible Parking Bay located on Giblett Street, north of Brockman Street will be time limited, preventing longer term parking at that location and a higher turnover of vehicles, increasing its availability; and
b) An additional Accessible Parking Bay has been established in Brockman Street adjacent to Guadagnino Lane.
Whilst it is anticipated that the introduction of time restrictions on the accessible bay adjacent to the Post Office and introduction of an additional bay in Brockman Street will provide a suitable increase in the availability of accessible parking bays adjacent to the newsagency/post office. This can be reviewed at the end of the recommended review period.
Wood Raffles
As elected members may be aware traditionally groups holding wood raffles adjacent to the newsagency have displayed the trailer or ute load by parking the trailer or utility in a nearby parking bay. One of the submissions received has requested clarification on how they will be catered for, suggesting a dedicated area should be established.
Options for the parking of a trailer in close proximity of the newsagency are limited. This has at times resulted in the trailer being reversed into an angled parking bay. To do so the vehicle towing the trailer would have been facing the wrong way within the traffic lane. This practice should not be supported.
Whilst the use of the parallel parking bays adjacent to the post office could be permited, the allocation of a specific car bay for the display of a load of wood would be counterproductive to the current efforts to maximise the availability of parking for customers and visitors to Manjimup. It is therefore recommended that the proposed parking restrictions should not be varied for this activity.
Should those groups holding a wood raffle wish to demonstrate the quantity and quality of the wood, it is suggested that the use of colour photographs and or sample say contained within a wheelbarrow could be used.
Conclusion
The newly gazetted Shire of Manjimup Parking Local Laws permit the establishment of timed parking within the Manjimup CBD, ensuring an appropriate level of parking turnover and parking availability for potential customers.
Several sections of 30 minute parking bays are proposed in areas where a need for high turnover is anticipated. Imposing a 2 hour limit on the balance of Brockman Street will ensure long term parking does not occur.
It is recommended that the implementation of these timed parking zones be reviewed following three months of operation, with further public consultation to be undertaken prior to the introduction of any new time restricted parking areas.
STATUTORY ENVIRONMENT:
Section 5.2 of the Shire of Manjimup Parking Local Law 2019.
Policy / Strategic Implications:
D17. Provide adequate and safe parking facilities in town sites and enforce compliance with ACROD regulations and local laws.
Introduction of timed parking will ensure that vehicles to be parked for more than 2 hours are parked in appropriate locations that do not un-necessarily restrict parking access for customers and visitors to the CBD.
Organisational risk management:
Nil.
Financial Implications:
The cost of enforcing the proposed Timed Parking Zones will be met through the Shires adopted Annual Budget. Additional employees/resources may be warranted should substantial increases in the number of timed parking zones occur.
Sustainability:
Environmental: Nil.
Economic: Restricting long term parking in inappropriate locations will ensure that available parking bays are maximised for visitors and shoppers attending the Manjimup CBD, increasing the ease of access to adjacent business.
Social: The introduction of timed parking within Manjimup is a new concept for the CBD. It is recommended that a review of the operation of these timed parking zones be undertaken following the first three months of their operation.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council:
1. Having regard to the submissions received, proceed with the introduction of the following Timed Parking Zones in accordance with clause 5.2 of the Shire of Manjimup Parking Local Laws 2018:
a) 30 minute time limited parking bays on the northern side of Brockman Street west of Guadagnino Lane;
b) A 2 hour time limit for the balance of Brockman Street;
c) 30 minute parking bays on the western side of Giblett Street at the following locations:
· The first five bays to the north of Ipsen Street (excluding the Accessible Parking Bay);
· The first five bays south of Brockman Street (excluding the Accessible Parking Bay);
· The first three bays north of Brockman Street, including the Accessible Parking Bay.
2. The 2 hour parking limit referred to in point 1b) above be implemented over the following hours:
a) Monday to Friday 8am to 5pm; and
b) Saturday 8am to 12pm.
3. Request the preparation of a formal education/implementation plan for the timed parking zones identified in points 1 and 2 above to the satisfaction of the Chief Executive Officer;
4. Request that the Chief Executive Officer advertise the implementation of proposed timed parking zones referred to in point 1 and in accordance with the education/implementation plan referred to in point 3 above;
5. Not support the use of time limited parking bays or angled parking bays for the display of wood being offered as a prize in raffles and advise groups holding raffles that should they wish to demonstrate the wood being offered as a prize that coloured photographs together with a sample of the wood be displayed (i.e. within a wheel barrow);
6. Prior to considering the implementation of additional timed parking zones within the Manjimup CBD, a review of the effectiveness of the timed parking zones be undertaken following their establishment; and
7. Advise those persons who lodged submissions accordingly.
|
Moved: Winfield, C Seconded: Skoss, K
That Council: 1. Having regard to the submissions received, proceed with the introduction of the following Timed Parking Zones in accordance with clause 5.2 of the Shire of Manjimup Parking Local Laws 2018: a) 30 minute time limited parking bays on the northern side of Brockman Street west of Guadagnino Lane; b) A 2 hour time limit for the balance of Brockman Street with the exception of 2 parallel parking bays adjacent to Australia Post building at the eastern end of the street; c) 30 minute parking bays on the western side of Giblett Street at the following locations: · The first five bays to the north of Ipsen Street (excluding the Accessible Parking Bay); · The first five bays south of Brockman Street (excluding the Accessible Parking Bay); · The first three bays north of Brockman Street, including the Accessible Parking Bay. 2. The 2 hour parking limit referred to in point 1b) above be implemented over the following hours: a) Monday to Friday 8am to 5pm; and b) Saturday 8am to 12pm. 3. Request the preparation of a formal education/implementation plan for the timed parking zones identified in points 1 and 2 above to the satisfaction of the Chief Executive Officer; 4. Request that the Chief Executive Officer advertise the implementation of proposed timed parking zones referred to in point 1 and in accordance with the education/implementation plan referred to in point 3 above; 5. Prior to considering the implementation of additional timed parking zones within the Manjimup CBD, a review of the effectiveness of the timed parking zones be undertaken following their establishment; and 6. Advise those persons who lodged submissions accordingly. MOTION carried 8/1
Reasons: · Selling raffle tickets is an institution in this town and it is worth preserving.
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140
Councillor Winfield declared an Impartiality Interest in this Item as he is a member of Geographic Names Committee. Cr Winfield declared that he would consider the matter on its merits and vote accordingly.
ATTACHMENT
9.9.1 Proposed New Policy 3.1.6 - Naming of Shire Assets, Tree Plantings, Memorials and Plaques.
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PROPONENT |
Shire of Manjimup |
|
OWNER |
Shire of Manjimup |
|
LOCATION / ADDRESS: |
Whole of Shire |
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WARD: |
Whole of Shire |
|
ZONE: |
Whole of Shire |
|
DIRECTORATE: |
Community Services |
|
FILE REFERENCE: |
F161014 |
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LEGISLATION: |
Local Government Act (1995) Land Administration Act (1997) Land Information Authority Regulations (2007) |
|
AUTHOR: |
Gail Ipsen Cutts |
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DATE OF REPORT: |
10 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
From time to time Council is requested to give consideration to the naming of new or existing community infrastructure, installation of memorial plaques or tree plantings. To facilitate well informed and considered decision making Council previously requested that a new policy be prepared to provide guidance and consistency in the naming of new infrastructure or placement of memorial plaques.
The draft Policy 3.1.6 Naming of Shire Assets, Tree Plantings, Memorials and Plaques was presented to councillors at the 3 October 2019 Information Briefing session. The purpose of this report is to now seek Councils adoption of draft Policy 3.1.6 Naming of Shire Assets, Tree Plantings, Memorials and Plaques as attached.
ATTACHMENT: 9.9.1(1)
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
Representation is often made by groups and individuals nominating names, for memorials and assets, for consideration by Council.
The objective of this policy is:
1. To establish and formalise the principles and criteria by which the Shire of Manjimup names public places and community infrastructure, inclusive of:
· Memorial furniture;
· Plaques;
· Public Spaces (including Shire reserves); and
· Community infrastructure (i.e. – any property, complex, structure, building, ornamental bridges, asset, sporting field owned or under the control of the Shire, excluding public roads.)
2. To ensure that a consistent, fair and equitable assessment of the naming of the asset is undertaken.
The Policy gives consideration to:
· Naming of Public Open Spaces, Reserves and Community Infrastructure;
· Renaming of Community Infrastructure or Public Space;
· Signage;
· Requirements for Naming Proposals for Public Spaces and Community Infrastructure;
· Requirements for Memorial Furniture and Plaques;
· Requirements for Tree Planting / Plaques; and
· Assessment Process.
The policy aims to equip Shire Officers with guidelines and criteria to assess requests pertaining to the naming of new or existing community infrastructure, installation of memorial plaques or tree plantings.
STATUTORY ENVIRONMENT:
Local Government Act 1995
Land Administration Act (1997)
Land Information Authority Regulations (2007)
Policy / Strategic Implications:
Community Strategic Plan 2019 – 2029
Our Community 3.8 – Diversity, inclusivity and harmony are the foundations of our strong community spirit and we celebrate and honour our diverse cultures, heritage and lifestyle.
Organisational risk management:
Naming of infrastructure has the potential to cause angst and disharmony within a community. The policy endeavours to provide a clear guideline and assessment criteria to mitigate such risk.
Financial Implications:
All requests received would be assessed on their individual merit. Cost and longer term budget considerations will form part of a consideration report provided to Council.
Sustainability:
Environmental: Planting of trees will have positive benefits to parks and reserves.
Economic: Nil
Social: Names and language used appropriately contribute to cultural and civic pride and a strong sense of connecting identity to place.
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council adopt draft Policy 3.1.6 Naming of Shire Assets, Tree Plantings, Memorials and Plaques.
|
Moved: Jenkins, D Seconded: Taylor, R
That Council adopt draft Policy 3.1.6 Naming of Shire Assets, Tree Plantings, Memorials and Plaques with the following amendment to page 2, point c) of the Policy as follows; i) Delete, ‘…meet one or more of the following criteria’; and ii) Add, ‘…be considered to have suitably addressed the following criteria’: CARRIED: 9/0 |
144
9.9.3 Proposed Discounts and Incentives for Promotional Days - PowerUp Electricity Museum
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PROPONENT |
Shire of Manjimup |
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OWNER |
Shire of Manjimup |
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LOCATION / ADDRESS: |
Manjimup Heritage Park, 151 Giblett Street, Manjimup (Reserve 26199) |
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WARD: |
Central |
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ZONE: |
Parks & Recreation |
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DIRECTORATE: |
Community Services |
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FILE REFERENCE: |
F161100 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Jessica Winters |
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DATE OF REPORT: |
9 October 2019 |
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DECLARATION OF INTEREST: |
Nil |
Background:
In preparation for the opening of the PowerUp Electricity Museum, Shire officers are planning to run several promotions during this financial year. To encourage people to visit the new museum, a number of promotions and incentives have been developed as part of an ongoing marketing strategy currently being prepared.
In addition strategies will be put in place to entice select influencers and offer industry sector famils to the Museum and broader Park precinct.
The purpose of this report is to seek Council approval to approve variations to the adopted fees and charges for the Heritage Park Museums in accordance with the marketing options outlined in this report.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
Promotional offers have been a proven method to entice people who have never visited the Shire’s facilities, such as those held at the Manjimup Regional AquaCentre.
The primary aim of the proposed promotions are to maximise the number of visitors to the new Power Up Electricity Museum, particularly within the first few months of opening to ensure word-of-mouth as an effective means of marketing the museum. Word-of-mouth is known to be one of the most effective methods of promoting museum or cultural attractions and destinations.
Promotions:
The following promotions have been designed to maximise visitor numbers to the new museum:
1. Two-for-one pass for all attendees of the First Reveal event. The First Reveal – being held on Friday 13 December – is an exclusive first reveal event for stakeholders of the new museum project. Approx. 100 guests are anticipated to attend. Each guests will receive a voucher entitling one free entry ticket to the museum with the purchase of a ticket i.e. ‘two-for-one’;
2. Two-for-one entry offer for other events. Up to 5 events across the financial year have been identified as opportunities to promote the new museum and provide individuals the opportunity to win a two-for-one pass to the new museum. Events include the Cherry Harmony Festival and the Manjimup Heritage Park Reopening; and
3. Discounted fees for organised commercial tours groups. Shire officers to be provided negotiating capacity; of up to 25% discount, for new tour groups signing up to large tours of the new museum. Discounts will only apply for large groups paying in one payment (individual payments will not be accepted). Tour groups defined as a commercial tour operator (such as Royal Gala Tours).
Famils and Influencers:
As part of a holistic marketing and promotional package for the Heritage Park considerable work will be undertaken to invite and encourage various influencers to visit the precinct and to encourage the precinct and Museums to be include in itineries for industry famils. On these occasions it is envisaged that free entry is inclusive in the invitation to visit.
A famil is defined as a free or low cost experience (e.g. Power Up) to a travel agent, industry representatives or consultant, provided by the provider (i.e. the Shire of Manjimup) as a means of promoting the experience.
An influencer; in marketing terms, is a person with the ability to influence potential buyers of a product or service by promoting or recommending the items on social media.
Concluding Comment:
It is proposed that Shire officers will record the number of promotional offers used and report to Council the effectiveness of such promotions when consider the Annual Fees & Charges, or any other fee exceptions being considered in the future.
Note regarding the two-for-one offers, the free ticket must be the equal or lower priced to the ticket purchased. Further all free entry approved for famils and influencers will be part of a pre authorised promotional programme.
STATUTORY ENVIRONMENT:
Local Government Act 1995 – Section 6.16 – Fees and Charges states that a local government may impose and recover a fee or charge for any goods or services it provides or proposed to provide, other than a service for which a service charge is imposed. The Act further states that ‘fees and charges’ are to be imposed when adopting the annual budget but may be – (3b) amended from time to time during a financial year. This requires Absolute Majority.
Section 6.19 further states that if a local government wishes to impose any fees and charges under the Subdivision after the annual budget has been adopted, it must, before introducing the fees or charges, give local public notice of-
(a) its intention to do so; and
(b) the date from which it is proposed the fees and charges will be imposed.
It is suggested that consideration be given by Council to support the temporary variation of fees and charges for the purpose of promotional days and these variations be publically advertised. As a critical marketing and promotion tool the variation of fees and charges will be in the favour of the general public and will consist of discounts and incentives.
Policy / Strategic Implications:
Shire of Manjimup Strategic Community Plan 2019-2029, strategies:
· C19. Create, support and promote a broad range sporting, recreational and social opportunities that are accessible and inclusive for all ages and abilities;
· C21. Facilitate, develop and promote a broad range of cultural and art capabilities, facilities, events and achievements; and
· C22. Document and conserve local historical records, stories and artefacts and make them available for everyone to study and enjoy.
Organisational risk management:
Nil
Financial Implications:
The costs, or potential loss of revenue, of the proposed promotions and free entry, are negligible. By using a two-for-one offer, one entry fee is still being captured each time this offer is used, potentially by a visitor who would have not otherwise attended the museum.
Famils and Influencers are key strategies to optimise visitation and venue exposure to the broader visitor target markets.
Sustainability:
Environmental: Nil.
Economic: Providing incentive during promotional days to new visitors in order to maximise visitor exposure to the museum and increasing word-of-mouth marketing to greater public.
Social: Improve locals and visitors access to the nationally significant museum collection, access to educational and interactive experiences. Museum is fully accessible and supportive of all individuals.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council adopt the following table of incentives, bonuses and discounts table for the PowerUp Electricity Museum on an individual promotion basis only for the 2019/2020 Financial Year:
|
a) Two-for-One Passes |
Passes to be handed out at up to 6 promotional days throughout the year. |
|
b) Tour Group Discounts |
Capacity to negotiate an entry fee discount with large commercial tour group operators up to a maximum of 25%. |
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c) Famils and Influencers (authorised) |
Free entry |
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Moved: Eiby, W Seconded: Taylor, R
That Council adopt the following table of incentives, bonuses and discounts table for the PowerUp Electricity Museum on an individual promotion basis only for the 2019/2020 Financial Year:
CARRIED: 9/0 |
147
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Suspension of Standing Orders:
Moved: Jenkins, D Seconded: Tapley, D
That Council suspend Standing Orders.
CARRIED: 9/0 |
|
Resumption of Standing Orders:
Moved: Jenkins, D Seconded: Tapley, D
That Council resume Standing Orders.
CARRIED: 9/0 |
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Moved: Taylor, R Seconded: Eiby, W
As per the officer’s recommendation for Item 9.15.2 through to Item 9.16.13 with the inclusion of all of the nominations on the board and any adjustments as recorded on the board. CARRIED: 9/0 |
ATTACHMENT
9.15.2 Airfield Management Committee - Review Terms of Reference and Appointments
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PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
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DIRECTORATE: |
Office of the CEO |
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FILE REFERENCE: |
F170380 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Gaye Burridge |
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DATE OF REPORT: |
2 October 2019 |
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DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointment/reappointments is required to be made following the Ordinary Elections held 19 October, 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. To manage and maintain Manjimup Airfield and associated facilities in accordance with Council’s policy and the guidelines laid down by Air Services Australia and the Civil Aviation Safety Authority; 2. Carry out voluntary and contributory maintenance activities within the annual allocated operating budget; 3. To advise Council on matters relating to Airfield Policy; and 4. To advise Council on the future development of the airfield (at the existing or alternative locations). |
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Meeting Frequency |
Quarterly. |
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#members |
8 |
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Quorum |
4 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Airfield Management Committee comprises Council members, employees and others and has delegated management responsibilities.
The committee provides a valuable contribution to the preservation of this strategically important asset.
The proposed new Airfield Management Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.15.2(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10(2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019-2029 and Corporate Business Plan 2019-2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil.
Financial Implications:
The Airfield Management Committee is responsible for the management of the airfield maintenance budget allocated by Council.
Sustainability:
Environmental: The Airfield is important to the aerial fires spotting service.
Economic: The Airfield brings economic activity to the local community.
Social: The Airfield is an important landing facility for the Royal Flying Doctor Service, fire control services and for recreational pursuits.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Airfield Management Committee for the biennial period 24 October 2019 to 16 October 2021; and
|
Cr |
Councillor |
|
Cr |
Councillor (Proxy) |
|
Mrs Catherine Mills |
Manager Technical Services |
|
Mr Max Lefroy |
Airport Reporting Officer |
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Mr Damon Lukins |
Deputy Airport Reporting Officer |
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Mr Gavin Ladhams |
Deputy Airport Reporting Officer (Proxy) |
|
Mr Bruce Ward |
Representative Manjimup Aero Club |
|
Mr Bradley Barton |
Representative DBCA |
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Mr Neil Bardot |
Representative DBCA (Proxy) |
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Mr Shane Hawily |
Representative Local Pilot |
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Vacant |
Representative St John Ambulance |
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Vacant |
Representative St John Ambulance (Proxy) |
2. Confirm the Terms of Reference for the Airfield Management Committee as provided in Attachment: 9.15.2(1) including nominations contained in point 1) above.
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Moved: Taylor, R SECONDED: Eiby, W
That Council: 1. Make the following appointments to the Airfield Management Committee for the biennial period 24 October 2019 to 16 October 2021; and
2. Confirm the Terms of Reference for the Airfield Management Committee as provided in Attachment: 9.15.2(1) including nominations contained in point 1) above. CARRIED: 9/0 |
152
9.15.3 Local Emergency Management Committee - Review Terms of Reference and Appointments
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PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
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DIRECTORATE: |
Office of the CEO |
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FILE REFERENCE: |
F170449 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Gaye Burridge |
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DATE OF REPORT: |
3 October 2019 |
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DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
The functions of the Manjimup LEMC are as set down in Section 39 of the Emergency Management Act 2005: (a) to advise and assist the Council in ensuring that local emergency arrangements are established; (b) to liaise with public authorities and other persons in the development, review and testing of local emergency management arrangements; and (c) to carry out other emergency management activities as directed by the SEMC or prescribed by regulations.
|
|
Meeting frequency |
Quarterly |
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# members |
15 |
|
Quorum |
8 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Manjimup Local Emergency Management Committee comprises council members, employees and other and performs in accordance with the provisions of section 39 of the Emergency Management Act 2005.
The committee meets regularly and provides a valuable contribution to the emergency management arrangements for the community.
The proposed new Emergency Management Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.15.3(1)
STATUTORY ENVIRONMENT:
The Manjimup Local Emergency Management Committee is established under the Emergency Management Act 2005
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The Local Emergency Management Committee is responsible for emergency management arrangements and has support funding from Department of Fire and Emergency Services and the Shire of Manjimup on a needs basis.
Sustainability:
Environmental: Nil
Economic: Emergency events have the potential to seriously impact economic activity in both the short and long term.
Social: Public safety and recovery from a disaster is considered a high priority.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Local Emergency Management Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Shire President |
|
Cr |
Shire Deputy President (Proxy) |
|
Mr Andrew Campbell |
Shire of Manjimup CEO |
|
Mr Todd Ridley |
Community Emergency Services Manager |
|
Mr Remo Pessotto |
Chief Bush Fire Control Officer |
|
Mr Brad Wren |
Chief Bush Fire Control Officer (Proxy) |
|
Mr Vikram Cheema |
DEMC / SEMC |
|
Mr Ian Guthridge |
DPIRD |
|
Mr Jason Dearle |
DPIRD (Proxy) |
|
Mr Neville Blackburn |
DCP |
|
Vacant |
DCP (Proxy) |
|
Mr Steven Ward |
DFES |
|
Mr Leon Gardiner |
DFES (Proxy) |
|
Mr Luke Bentley |
DBCA |
|
Mr Brad Barton |
DBCA (Proxy) |
|
Mr Isaac Rinaudo |
Police Service - Manjimup |
|
Mr John Bridger |
Police Service – Walpole |
|
Ms Anne Morris |
Police Service - Pemberton |
|
Ms Jodie Omodei |
Warren District Hospital |
|
Vacant |
Warren District Hospital (Proxy) |
|
Gary Willcox |
St John’s Ambulance Manjimup |
|
Vacant |
St John’s Ambulance Manjimup (Proxy) |
|
Ray Deall |
Western Power |
|
Vacant |
Western Power (Proxy) |
2. Confirm the Terms of Reference for the Local Emergency Management Committee as provided in Attachment: 9.15.3(1) including nominations contained in point 1) above.
|
Moved: Taylor, R SECONDED: Eiby, W
That Council: 1. Make the following appointments to the Local Emergency Management Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Local Emergency Management Committee as provided in Attachment: 9.15.3(1) including nominations contained in point 1) above. CARRIED: 9/0 |
155
9.15.4 Northcliffe Forest Park Management Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170372 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s existing Terms of Reference is:
|
Functions |
1. To allocate funds approved by Council for Northcliffe Forest Park and in conjunction with relevant manager. 2. To maintain and develop the Northcliffe Forest Park in accordance with the Council endorsed Northcliffe Forest Park Management Plan. 3. To provide comment on the Shire of Manjimup’s forward fuel reduction plan for the Northcliffe Forest Park and to communicate with the agency carrying out any fuel reduction actions in order to minimise any conflict with park use. |
|
Meeting frequency |
Quarterly |
|
# members |
10 |
|
Quorum |
5 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Northcliffe Forest Park Management Committee comprises Council members, employees and other and has delegated management responsibilities.
The proposed new Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.15.4(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10(2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil.
Financial Implications:
The Northcliffe Forest Park Management Committee is responsible for the management of the budget allocated for the Northcliffe Forest Park’s maintenance, capital improvements and reserves.
Sustainability:
Environmental: The Northcliffe Forest Park is a heavily vegetated reserve in close proximity to the town providing both social benefits and public safety concerns in respect to fire management.
Economic: Nil.
Social: The Northcliffe Forest Park is an important reserve for the Northcliffe community.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Northcliffe Forest Park Management Committee for the biennial period 24 October 2019 to 16 October 2021;
|
Cr |
Councillor |
|
Cr |
Councillor (Proxy) |
|
Mr Spencer Roberts |
Manager Parks & Gardens |
|
Ms Melanie Blieschke |
Supervisor Parks & Gardens (Proxy) |
|
Mr Jim Wilson |
Northcliffe Visitor Centre Representative |
|
Mr Graham Evans |
Southern Forests Arts Representative |
|
Ms Diana Moss |
Southern Forests Arts (Proxy) |
|
Ms Jo Smith |
Department Biodiversity, Conservation and Attractions Representative |
|
Mr Jeff Bennett |
Department Biodiversity, Conservation and Attractions (Proxy) |
|
Mr Glynne Jones |
Northcliffe Volunteer Fire and Rescue Representative |
|
Mr Robert Hammer |
Northcliffe Volunteer Fire and Rescue Representative (Proxy). |
|
Mrs Carole Perry |
Northcliffe Environment Centre Representative |
|
Mr Murray Grey |
Northcliffe Environment Centre Representative (Proxy) |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
2. Confirm the Terms of Reference for the Northcliffe Forest Park Management Committee as provided in Attachment: 9.15.4(1) (including nominations contained in point 1) above; and
3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled.
|
Moved: Taylor, R SECONDED: Eiby, W
That Council: 1. Make the following appointments to the Northcliffe Forest Park Management Committee for the biennial period 24 October 2019 to 16 October 2021;
2. Confirm the Terms of Reference for the Northcliffe Forest Park Management Committee as provided in Attachment: 9.15.4(1) (including nominations contained in point 1) above; and 3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled. CARRIED: 9/0 |
158
9.15.5 Northcliffe Town Hall Management Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170371 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge/Brian Robinson |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. Provide responsible management for the Northcliffe Town Hall. 2. Prepare a budget for consideration by Council. 3. Recommend fees and charges for adoption by Council. 4. Expend funds in accordance with the approved budget and in consultation with relevant manager. 5. Prepare an appropriate development plan in consultation with relevant Shire departments for Council consideration.
|
|
Meeting frequency |
Quarterly |
|
# members |
5 |
|
Quorum |
3 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Northcliffe Town Hall Management Committee comprises Council members, employees and others and has delegated management responsibilities.
The proposed new Northcliffe Town Hall Management Committee Terms of Reference (including members, term of appointment, meeting frequency and functions) is attached.
ATTACHMENT: 9.15.5(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 - 2029 and Corporate Business Plan 2019 - 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The Northcliffe Town Hall Management Committee is responsible for the management of the budget allocated for the Northcliffe Town Hall’s maintenance, capital improvements and reserves.
Sustainability:
Environmental: Nil
Economic: Nil
Social: The Northcliffe Town Hall is an important communal facility for the Northcliffe community.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
|
Cr |
Councillor |
|
Cr |
Councillor (Proxy) |
|
Mr Jamie Jones |
Building Officer |
|
Mr Peter Krispyn |
Manager Building Services (Proxy) |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
1. Make the following appointments to the Northcliffe Town hall Management Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Northcliffe Town Hall Management Committee as provided in Attachment: 9.15.5(1) including nominations contained in point 1) above; and
3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled.
|
Moved: Moved: Taylor, R SECONDED: Eiby, W
That Council:
1. Make the following appointments to the Northcliffe Town hall Management Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Northcliffe Town Hall Management Committee as provided in Attachment: 9.15.5(1) including nominations contained in point 1) above; and 3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled. CARRIED: 9/0 |
161
9.16.1 Access and Inclusion Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
ZONE: |
Whole of Shire |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F170381 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
2 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. Promote the benefits of access and inclusion to the residents and businesses of the Shire of Manjimup. 2. Be available to provide relevant advice on the development of proposals or plans for any activity, building or infrastructure within the Shire. 3. Support and encourage partnership networks of local organisations that are best placed to collectively plan and coordinate strategies to address the needs of our local disability communities. 4. Make recommendations to Council on matters arising not clearly dealt with by the Shire of Manjimup’s Access and Inclusion Plan. 5. Monitor and review the Access and Inclusion Plan.
|
|
Meeting frequency |
Quarterly or as required |
|
# members |
10 |
|
Quorum |
5 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Access and Inclusion Advisory Committee comprises Council members, employees and other related organisations and community members and only has advisory responsibilities.
The proposed new Access and Inclusion Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.
ATTACHMENT: 9.16.1(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995
Policy / Strategic Implications:
The Strategic Community Plan 2019
- 2029 and Corporate
Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Nil
Social: The committee has an important social role in providing better access to public facilities.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Access and Inclusion Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Ms Gail Ipsen Cutts |
Director Community Services |
|
Ms Paula Taylor |
Coordinator Disabilities, Home and Community Care |
|
Ms Liz Lockyear |
Manager, Home and Community Care (Proxy) |
|
Mr Jamie Jones |
Building Officer |
|
Mr Peter Krispyn |
Manager, Building Services (Proxy) |
|
Ms Libby Thorn |
WA Country Health Service |
|
Vacant |
WA Country Health Service (Proxy) |
|
Ms Gemma Pitts |
Life Without Barriers (Manjimup) |
|
Vacant |
Disability Services Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
2. Confirm the Terms of Reference for the Access and Inclusion Advisory Committee as provided in Attachment: 9.16.1(1) including nominations contained in point 1 above; and
3. Thank the Community Representatives for their contribution to the Committee, and invite them to re-nominate when vacancies are advertised to be filled.
|
Moved: Taylor, R SECONDED: Eiby, W
That Council: 1. Make the following appointments to the Access and Inclusion Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Access and Inclusion Advisory Committee as provided in Attachment: 9.16.1(1) including nominations contained in point 1 above; and 3. Thank the Community Representatives for their contribution to the Committee, and invite them to re-nominate when vacancies are advertised to be filled. CARRIED: 9/0 |
164
9.16.2 Audit Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170379 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
2 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current terms of reference is:
|
Functions |
The Committee has a statutory function to provide guidance and assistance to the local government – i. As to the carrying out of its functions in relation to audits carried out under Part 7 of the Act; and ii. As to the development of a process to be used to select and appoint a person to be an auditor.
In addition, the Audit Committee undertakes: a) Management of the audit process. b) Discussion of audit outcomes. c) Monitoring action taken on audit report. d) Preparation of annual report on audit function. e) Review of the Statutory Compliance Return.
|
|
Meeting frequency |
Quarterly |
|
# members |
5 Councillors |
|
Quorum |
3 Councillors |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Audit Advisory Committee comprises only Council members (employees invited to attend have no voting entitlement) and only has advisory responsibilities.
The proposed new Audit Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and function) is attached.
ATTACHMENT: 9.16.2(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: The committee’s role is to oversee the Shire’s financial management and reporting.
Social: Nil
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Audit Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
2. Confirm the terms of Reference for the Audit advisory Committee as provided in Attachment: 9.16.2(1) including nominations contained in point 1) above.
|
Moved: Moved: Taylor, R SECONDED: Eiby, W
That Council: 1. Make the following appointments to the Audit Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the terms of Reference for the Audit advisory Committee as provided in Attachment: 9.16.2(1) including nominations contained in point 1) above. CARRIED: 9/0 |
168
9.16.3 Bush Fire Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Enter text |
|
FILE REFERENCE: |
F170451 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge/Brian Robinson |
|
DATE OF REPORT: |
3 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
To represent Volunteer Bush Fire Brigades within the Municipality and to make recommendations to Council on the following: 1. Annual bushfire budget and relevant financial matters. 2. General management of the Bush Fire organisation. 3. Planning, setting standards and works program for fire prevention within the Shire. 4. Formation, rationalisation or winding up of any Bush Fire Brigades within the Shire. 5. Standards of equipment that should be provided and maintained under Brigade control. 6. Distribution of firefighting equipment and funding between Brigades. 7. Coordination of training to ensure Brigades can work together efficiently. 8. Implementation of Council's Fire Protection Strategy. 9. Any other matter relating to bushfire control.
|
|
Meeting frequency |
3 per year |
|
# members |
15 + 7 non-voting |
|
Quorum |
8 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The proposed new Bush Fire Advisory Committee’s Terms of Reference (including members, terms of appointment, quorum, meeting dates and functions) is attached reflecting the above.
ATTACHMENT: 9.16.3(1)
STATUTORY ENVIRONMENT:
The Bush Fire Advisory Committee is referred to in the Bush fire Act but is established and operates under the provisions of the Local Government Act.
Local Government Act 1995 section 5.10(2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Bush Fire Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor (proxy) |
|
Mr T Ridley |
Community Emergency Services Manager |
|
Mr R Pessotto |
Chief Bush Fire Control Officer |
|
Mr B Wren |
Deputy Chief Bush Fire Control Officer |
|
Vacant |
Walpole Zone |
|
Vacant |
Walpole Zone |
|
Mr P Hill |
Coastal Zone |
|
Mr T Backhouse |
Pemberton West Zone |
|
Vacant |
Pemberton North Zone |
|
Mr T Muir |
Manjimup East Zone |
|
Mr B Wren |
Manjimup West Zone |
|
Mr F Shaw |
Manjimup North West Zone |
|
Mr J Kanny |
Manjimup Central East Zone |
|
Mr T Winfield |
Manjimup South West Zone |
|
Mr B Rice |
Manjimup South East Zone |
PROXIES
|
Ms A Reeve |
Senior Ranger (proxy) |
|
Vacant |
Walpole Zone (proxy) |
|
Mrs K Nickels |
Coastal Zone (proxy) |
|
Mr M Ganatta |
Pemberton West Zone (proxy) |
|
Mr N Collings |
Pemberton North Zone (proxy) |
|
Mr M Connor |
Manjimup East Zone (proxy) |
|
Mr S Vidovich |
Manjimup West Zone (proxy) |
|
Mr P Tempra |
Manjimup North West Zone (proxy) |
|
Mr R Thorn |
Manjimup Central East Zone (proxy) |
|
Mr D Fry |
Manjimup South West Zone (proxy) |
|
Vacant |
Manjimup South East Zone (proxy) |
2. Confirm the Terms of Reference for the Bush Fire Advisory Committee as provided in Attachment: 9.16.3(1) including nominations contained in point 1) above.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Bush Fire Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
PROXIES
2. Confirm the Terms of Reference for the Bush Fire Advisory Committee as provided in Attachment: 9.16.3(1) including nominations contained in point 1) above. CARRIED: 9/0 |
171
9.16.4 Chief Executive Officer Review Advisory Committee - Review Terms of Reference and Appointments.
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170461 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
3 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current terms of reference is:
|
Functions |
1. To review the progress and performance of the Chief Executive Officer against pre-determined objectives. 2. Oversee the appointment process and recommendation to Council of a new Chief Executive Officer. |
|
Meeting frequency |
Annually |
|
# members |
5 |
|
Quorum |
3 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Chief Executive Officer Review Advisory Committee comprises Council members only.
The proposed Chief Executive Officer Review Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.
ATTACHMENT: 9.16.4(1)
STATUTORY ENVIRONMENT:
The Local Government Act requires the Chief Executive Officer’s performance to be reviewed each year.
Local Government Act 1995 section 5.10(2) provided that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 - 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Chief Executive Officer Review Advisory Committee for the biennial period 24 October
2019 to 16 October 2021.
|
Cr |
Shire President |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
2. Confirm the Terms of Reference for the Chief Executive Officer Review Advisory Committee as provided in Attachment: 9.16.4(1) including nominations contained in point 1) above.
|
Moved: Taylor, R Seconded: Eiby, W
That Council:
1. Make the following appointments to the Chief Executive Officer Review Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Chief Executive Officer Review Advisory Committee as provided in Attachment: 9.16.4(1) including nominations contained in point 1) above. CARRIED: 9/0 |
174
9.16.5 Manjimup Heritage Park Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170453 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
3 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A Review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections to be held 19 October 2019.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. To provide advice to Council on the orderly development, maintenance and promotion of the Manjimup Heritage Park. 2. Undertake voluntary work at the Manjimup Heritage Park. 3. To support delegate opportunities to represent the Heritage Park, specifically the heritage precinct, on external bodies.
|
|
Meeting frequency |
Quarterly |
|
# members |
12 |
|
Quorum |
6 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Manjimup Heritage Park Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.
The proposed new Manjimup Heritage Park Advisory Committee’s comprises Terms of Reference (including members, term of appointment, quorum, meeting frequency and function) is attached.
ATTACHMENT: 9.16.5 (1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Nil
Social: The Manjimup Heritage Park is important to the Shire for social, recreational and historical purposes.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Manjimup Heritage Park Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Ms Gail Ipsen Cutts |
Director Community Services |
|
Ms Jessica Winters |
Community Development Officer Projects (Proxy) |
|
Mr Spencer Roberts |
Manager Parks Operations |
|
Mr Michael Leers |
Director Works and Services (Proxy) |
|
Ms Janine Duncan |
Community Gardens Representative |
|
Ms Sheryl Ison |
Community Gardens Representative (Proxy) |
|
Sam Cleveland |
Manjimup Visitor Centre |
|
Vacant |
Manjimup Visitor Centre (Proxy) |
|
Mr Ian Wilson |
Historical Society |
|
Mrs Margaret Jacob |
Historical Society (Proxy) |
|
Vacant |
Indigenous Representative |
|
Mrs Yvonne Pegrum |
Wood Turners |
|
Vacant |
Community Business Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
2. Confirm the Terms of Reference for the Manjimup Heritage Park Advisory Committee as provided in Attachment: 9.16.5(1) including nominations contained in point 1) above; and
3. Thank the Community Representatives for their contribution to the Committee, and invite them to re-nominate when vacancies are advertised to be filled.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Manjimup Heritage Park Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Manjimup Heritage Park Advisory Committee as provided in Attachment: 9.16.5(1) including nominations contained in point 1) above; and 3. Thank the Community Representatives for their contribution to the Committee, and invite them to re-nominate when vacancies are advertised to be filled. CARRIED: 9/0 |
177
9.16.6 Manjimup Recreation Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F170452 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
3 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019.
A summary of the committee’s proposed Terms of Reference is:
|
Functions |
1. To provide advice to Council on the development, management and promotion of sport and recreation facilities in Manjimup. 2. To make recommendation to Council in regard to matters that will improve the use and sustainability of the sport and recreation facilities in Manjimup for the benefit of the broader community. 3. To provide advice on trends in sport and recreation (e.g. participation rates, regulations, facilities). 4. To guide & provide feedback to Council and staff in relation to strengthening key programs (such as: KidSport, GoodSport, Youth, Seniors, Club Development, Access & Inclusion) 5. To provide feedback and advice in regard to financial matters pertaining to sport and recreation. 6. To provide feedback and advice in terms of Council’s annual adoption of fees and charges. 7. Representative Members acknowledge and accept their role as a representative of their sport (rather than a particular club) and to act as a key liaison for that sport. |
|
Meeting Frequency |
4 monthly or when required |
|
# members |
12 |
|
Quorum |
6 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Manjimup Recreation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10(2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee comprises Council members, employees and other and only has advisory responsibilities.
Sustainability:
Environmental: Nil
Economic: Nil
Social: Sport is a major part of the community and the Shire of Manjimup plays an important infrastructure and assistance role.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Manjimup Recreation Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor (Proxy) |
|
Evy Apeldoorn |
Manager Community & Recreation |
|
Gail Ipsen Cutts |
Director Community Services (Proxy) |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
|
Vacant |
Community/Sport/Recreation Representative |
2. Confirm the Terms of Reference for the Manjimup Recreation Advisory Committee as provided in Attachment: 9.16.6(1) including nominations contained in point 1) above; and
3. Thank the Community Representatives for their contribution to the Committee, and invite them to re-nominate when vacancies are advertised to be filled.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Manjimup Recreation Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Manjimup Recreation Advisory Committee as provided in Attachment: 9.16.6(1) including nominations contained in point 1) above; and 3. Thank the Community Representatives for their contribution to the Committee, and invite them to re-nominate when vacancies are advertised to be filled. CARRIED: 9/0 |
184
9.16.7 Manjimup Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of CEO |
|
FILE REFERENCE: |
F170454 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
4 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is as follows:
|
Functions |
1. To monitor and review the Manjimup Town Centre Revitalisation Plans 2. Provide advice on priorities 3. Assist co-ordinating community participation |
|
Meeting frequency |
Quarterly |
|
# members |
9 |
|
Quorum |
5 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Manjimup Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities. The Committee has successfully operated, assisting in the preparation and review of plans associated with Town Centre revitalisation works within the Manjimup Central Business District (CBD).
With works and designs relating to the Manjimup CBD nearing completion, it is recommended that the Terms of Reference being modified to shift the Committees’ focus to space activation within the Manjimup town site.
This change would align the Terms of Reference with the terms recently adopted for the towns of Pemberton and Northcliffe plus also reflect new Terms of Reference proposed for the town of Walpole. Existing community based groups will be encouraged to renominate for representation on the Committee.
If approved, the new Terms of Reference will be as follows:
|
Functions |
1. Identification of opportunities for space activation within Manjimup townsite; 2. Liaison with other relevant community groups and / or service agencies over potential art or cultural projects; 3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct; 4. Assist co-ordinating community participation; and 5. Communicate and inform the local community about activities of the Committee |
|
Meeting frequency |
Quarterly |
|
# members |
9 |
|
Quorum |
5 |
Prior to disbanding the existing Committee, one further meeting of the existing Committee is proposed in the next few weeks to wrap up pending matters. Given this, it is recommended that the existing Committee is maintained until the 15 November 2019 before being disbanded, with the new Committee being established effective from 16 November 2019 onward.
The proposed Terms of Reference for the Manjimup Town Centre Revitalisation Advisory Committee from 24 October 2019 to 15 November 2019 are attached.
ATTACHMENT: 9.16.7(1)
The proposed Terms of Reference for the Manjimup Town Centre Revitalisation Advisory Committee from 16 November 2019 to 16 October 2021 are attached.
ATTACHMENT: 9.16.7(2)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10(2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The Committee is an Advisory Committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Townscape improvements are recognised as contributing towards investment and economic activity.
Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community a sense of place and pride.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Manjimup Town Centre Revitalisation Advisory Committee for the period 24 October 2019 to 15 November 2019 in accordance with the Terms of Reference as detailed in Attachment: 9.16.7(1);
|
Cr Paul Omodei |
Central Ward Councillor |
|
Cr Denise Jenkins |
Councillor (Proxy) |
|
Mr Michael Leers |
Director Works & Services |
|
Mr Spencer Roberts |
Manager Parks Operations (Proxy) |
|
Mr Brian Robinson |
Director Development & Regulation |
|
Ms Jocelyn Baister |
Coordinator Statutory Planning (Proxy) |
|
Mrs Michelle Di Salvo |
Manjimup Chamber of Commerce |
|
Dr Philipa Gavranich |
Community Representative |
|
Mr David Giblett |
Community Representative |
|
Mr Tim Foley |
Community Representative |
|
Ms Carla Logan |
Community Representative |
|
Ms Mary Nixon. |
Community Representative |
|
Vacant |
Community Representative |
2. Disband the Manjimup Town Centre Revitalisation Advisory Committee identified in Point 1) and as detailed in Attachment: 9.16.7(1) effective 16 November 2019;
3. Make the following appointments to the Manjimup Town Centre Revitalisation Advisory Committee for the period 16 November 2019 to 16 October 2021 in accordance with the revised Terms of Reference as detailed in Attachment: 9.16.7(2);
|
Cr |
Central Ward Councillor |
|
Cr |
Councillor (Proxy) |
|
Mr Michael Leers |
Director Works & Services |
|
Mr Spencer Roberts |
Manager Parks Operations (Proxy) |
|
Mr Brian Robinson |
Director Development & Regulation |
|
Ms Jocelyn Baister |
Coordinator Statutory Planning (Proxy) |
|
Ms Gail Ipsen Cutts |
Director Community Services |
|
Ms Evy Apeldoorn |
Manager Community & Recreation Services (Proxy) |
|
Mrs Susanne Peet |
Events Liaison Officer (Proxy) |
|
Vacant |
Manjimup Chamber of Commerce |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
4. Thank the Community Representatives for their contribution to the Committee disbanded on 16 November 2019, and encourage them to renominate for the new Committee identified in Point 3) when vacancies are advertised to be filled.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Manjimup Town Centre Revitalisation Advisory Committee for the period 24 October 2019 to 15 November 2019 in accordance with the Terms of Reference as detailed in Attachment: 9.16.7(1);
2. Disband the Manjimup Town Centre Revitalisation Advisory Committee identified in Point 1) and as detailed in Attachment: 9.16.7(1) effective 16 November 2019; 3. Make the following appointments to the Manjimup Town Centre Revitalisation Advisory Committee for the period 16 November 2019 to 16 October 2021 in accordance with the revised Terms of Reference as detailed in Attachment: 9.16.7(2);
4. Thank the Community Representatives for their contribution to the Committee disbanded on 16 November 2019, and encourage them to renominate for the new Committee identified in Point 3) when vacancies are advertised to be filled. CARRIED: 9/0 |
9.16.8 Northcliffe Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170455 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge/Brian Robinson |
|
DATE OF REPORT: |
10 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current terms of reference is:
|
Functions |
1. To monitor and review the Northcliffe Townscape Plans 2. Provide advice on priorities 3. Assist co-ordinating community participation |
|
Meeting frequency |
6 monthly |
|
# members |
8 |
|
Quorum |
4 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Northcliffe Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.
The Committee has successfully assisted the Shire in the preparation and review of two stages of Town Centre revitalisation works for Northcliffe. With remaining works being primarily based around technical designs and construction, it is recommended that the purpose of the Committee and the associated Terms of Reference be modified to focus on space activation within the Townsite.
This change would align the Term of Reference with the terms recently adopted for the towns of Pemberton and Walpole. Existing community based groups will be encouraged to nominate for representation on the committee.
If approved, the new Terms of Reference will be as follows:
|
Functions |
1. Identification of opportunities for space activation within Northcliffe townsite 2. Liaison with other relevant community groups and / or service agencies over potential art or cultural projects 3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct 4. Assist co-ordinating community participation 5. Communicate and inform the local community about activities of the Committee |
|
Meeting frequency |
Quarterly |
|
# members |
10 |
|
Quorum |
6 |
The proposed new Northcliffe Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.
ATTACHMENT: 9.16.8(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Townscape improvements are recognised as contributing towards investment and economic activity.
Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Northcliffe Town Centre Revitalisation Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor (Proxy) |
|
Mr Michael Leers |
Director Works & Services |
|
Mr Spencer Roberts |
Manager Parks Operations (Proxy) |
|
Mr Brian Robinson |
Director Development & Regulation |
|
Ms Jocelyn Baister |
Coordinator Statutory Planning (Proxy) |
|
Ms Gail Ipsen Cutts |
Director Community Services |
|
Ms Evy Apeldoorn |
Manager Community & Recreation Services (Proxy) |
|
Mrs Susanne Peet |
Events Liaison Officer (Proxy) |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
2. Confirm the Terms of Reference for the Northcliffe Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.8(1) including nominations contained in point 1) above.
3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Northcliffe Town Centre Revitalisation Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Northcliffe Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.8(1) including nominations contained in point 1) above. 3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled. CARRIED: 9/0 |
190
9.16.9 Pemberton Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170456 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council committee appointments / reappointments is required to be made following the Ordinary Elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. Identification of opportunities for space activation within the main street or adjacent open space; 2. Liaison with other relevant community groups and/or service agencies over potential art or cultural projects; and 3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct. 4. Assist co-ordinating community participation; and 5. Communicate and inform the local community about activities of the Committee |
|
Meeting frequency |
Quarterly |
|
# members |
10 |
|
Quorum |
6 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Pemberton Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.
The proposed new Pemberton Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting dates and functions) is attached.
ATTACHMENT: 9.16.9(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Play 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Townscape improvements are recognised as contributing towards investment and economic activity.
Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Pemberton Townscape Advisory Committee for the biennial period 24 October 2019 to 16 October 2021;
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Mr Michael Leers |
Director Works & Services |
|
Mr Spencer Roberts |
Manager Parks & Gardens (Proxy) |
|
Mr Brian Robinson |
Director Development & Regulation |
|
Ms Jocelyn Baister |
Coordinator Statutory Planning (Proxy) |
|
Ms Gail Ipsen Cutts |
Director Community Services |
|
Ms Evy Apeldoorn |
Manager Community & Recreation Services (Proxy) |
|
Mrs Susanne Peet |
Events Liaison Officer |
|
Jill Baker |
Pemberton Arts Group Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
2. Confirm the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.9(1) including nominations contained in point 1) above; and
3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Pemberton Townscape Advisory Committee for the biennial period 24 October 2019 to 16 October 2021;
2. Confirm the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.9(1) including nominations contained in point 1) above; and 3. Thank the Community Representatives for their contribution to the Committee, and encourage them to renominate when vacancies are advertised to be filled. CARRIED: 9/0 |
193
9.16.10 Plant Replacement Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170382 |
|
LEGISLATION: |
Local Government 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary Elections held 19 on October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Function |
1. To review the rolling 10 year Plant Replacement Program (Note the 10 year Plant Replacement Program includes items of plant and equipment the use of which is charged out to jobs and the community bus. The program does not include items of minor plant or light vehicles or those items of plant subject to approval by DFES under the ESL) 2. Consider the merits of proposed new items of Plant 3. Review tender specifications for Plant |
|
Meeting frequency |
Annually |
|
# members |
9 |
|
Quorum |
5 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Plant Replacement Committee comprises Council members and employees and only has advisory responsibilities.
The proposed new Plant Replacement Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.16.10(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil.
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Appropriate plant is essential to effective and efficient provision of Shire needs.
Social: Nil
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Plant Replacement Committee for the biennial period 24 October 2019 to 16 October 2021; and
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Mr Andrew Campbell |
Chief Executive Officer |
|
Mr Michael Leers |
Director Works and Services |
|
Mr Andrew Johns |
Manager Works |
|
Mr Greg Lockwood |
Director Business |
2. Confirm the terms of Reference for the Plant Replacement Committee as provided in Attachment: 9.16.10(1) above.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Plant Replacement Committee for the biennial period 24 October 2019 to 16 October 2021; and
2. Confirm the terms of Reference for the Plant Replacement Committee as provided in Attachment: 9.16.10(1) above. CARRIED: 9/0 |
194
9.16.11 Walpole Town Centre Revitalisation Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F170457 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge/Brian Robinson |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council Committee appointments / reappointments is required to be made following the Ordinary elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. Identification of opportunities for space activation within Walpole townsite 2. Liaison with other relevant community groups and / or service agencies over potential art or cultural projects 3. Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct 4. Assist co-ordinating community participation 5. Communicate and inform the local community about activities of the Committee |
|
Meeting frequency |
Quarterly |
|
# members |
9 |
|
Quorum |
5 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Walpole Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.
The proposed Walpole Town Centre Revitalisation Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.16.11(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: Townscape improvements are recognised as contributing towards investment and economic activity.
Social: Attractive townscapes generally diminish the incidence of vandalism and provide the community with a sense of place and pride.
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Walpole Town Centre Revitalisation Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
|
Cr |
Councillor |
|
Cr |
Councillor |
|
Mr Michael Leers |
Director Works & Services |
|
Mr Spencer Roberts |
Manager Parks Operations (Proxy) |
|
Mr Brian Robinson |
Director Development & Regulation |
|
Ms Jocelyn Baister |
Coordinator Statutory Planning (Proxy) |
|
Ms Gail Ipsen Cutts |
Director Community Services |
|
Ms Evy Apeldoorn |
Manager Community & Recreation Services (Proxy) |
|
Mrs Susanne Peet |
Events Liaison Officer |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
|
Vacant |
Community Representative |
2. Confirm the Terms of Reference for the Walpole Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.11(1) including nominations contained in point 1) above.
|
Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Walpole Town Centre Revitalisation Advisory Committee for the biennial period 24 October 2019 to 16 October 2021.
2. Confirm the Terms of Reference for the Walpole Town Centre Revitalisation Advisory Committee as detailed in Attachment: 9.16.11(1) including nominations contained in point 1) above. CARRIED: 9/0 |
199
9.16.12 Road Infrastructure Advisory Committee - Review Terms of Reference and Appointments
|
PROPONENT |
Shire of Manjimup |
|
WARD: |
Whole of Shire |
|
DIRECTORATE: |
Office of the CEO |
|
FILE REFERENCE: |
F180208 |
|
LEGISLATION: |
Local Government Act 1995 |
|
AUTHOR: |
Gaye Burridge |
|
DATE OF REPORT: |
9 October 2019 |
|
DECLARATION OF INTEREST: |
Nil |
Background:
A review of Council committee appointments / reappointments is required to be made following the Ordinary elections held on 19 October 2019. This is also an opportunity to review the Terms of Reference for each committee.
A summary of the committee’s current Terms of Reference is:
|
Functions |
1. To review the Infrastructure Works components of the Shire’s 10 year Forward Capital Works Plan. 2. To review the Shire’s Infrastructure Works Budget. 3. Review amendments to the Shire’s Infrastructure Works Budget. 4. To meet on special occasion to investigate and/or evaluate urgent road infrastructure issues. |
|
Meetings |
March and September |
|
# members |
10 |
|
Quorum |
6 |
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
The Road Infrastructure Advisory Committee comprises Council members and employees and only has advisory responsibilities.
The proposed Road Infrastructure Advisory Committee’s Terms of Reference (including members, term of appointment, quorum, meeting frequency and functions) is attached.
ATTACHMENT: 9.16.12(1)
STATUTORY ENVIRONMENT:
Local Government Act 1995 section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.
Policy / Strategic Implications:
The Strategic Community Plan 2019 – 2029 and Corporate Business Plan 2019 – 2023 identifies the relevant themes and strategies.
Organisational risk management:
Nil
Financial Implications:
The committee is an advisory committee only and therefore not responsible for the management of any budget. Any financial implications are to be determined by the Council.
Sustainability:
Environmental: Nil
Economic: The maintenance of the Shire’s road infrastructure is critical to the continued economic development of the area.
Social: Nil
VOTING REQUIREMENTS: ABSOLUTE MAJORITY
Officer Recommendation:
That Council:
1. Make the following appointments to the Road Infrastructure Advisory Committee for the biennial period 24 October 2019 to 16 October 2021; and
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Cr |
Councillor and RRG elected member |
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Cr |
Councillor and RRG elected member |
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Cr |
Councillor |
|
Cr |
Councillor |
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Cr |
Councillor |
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Cr |
Councillor |
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Michael Leers |
Director Works & Services |
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Greg Lockwood |
Director Business |
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Andrew Johns |
Manager Works |
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Catherine Mills |
Manager Technical Services |
2. Confirm the Terms of Reference for the Road Infrastructure Advisory Committee as detailed in Attachment: 9.16.12(1) including nominations contained in point 1) above.
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Moved: Taylor, R Seconded: Eiby, W
That Council: 1. Make the following appointments to the Road Infrastructure Advisory Committee for the biennial period 24 October 2019 to 16 October 2021; and
2. Confirm the Terms of Reference for the Road Infrastructure Advisory Committee as detailed in Attachment: 9.16.12(1) including nominations contained in point 1) above. CARRIED: 9/0 |
207
9.16.13 Nominations of Persons to Represent Council on External Committees and other Bodies
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PROPONENT |
Shire of Manjimup |
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WARD: |
Whole of Shire |
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DIRECTORATE: |
Office of the CEO |
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FILE REFERENCE: |
F160736 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Gaye Burridge |
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DATE OF REPORT: |
11 October 2019 |
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DECLARATION OF INTEREST: |
Nil |
Background:
A review of appointments / reappointments of Council delegates to other bodies is required to be made following the Ordinary Elections to be held on 26 October 2017.
PUBLIC Consultation Undertaken:
Nil
COMMENT (Includes Options):
Full details of the contact officers, to each external body listed in the table under Officer’s Recommendation. These are committees convened by other Government and non-government bodies in our region. It is judicious for the Shire to have a representative on these committees to allow input and feedback to the Shire of information that is relevant to our area.
STATUTORY ENVIRONMENT:
Local Government Act 1995.
Policy / Strategic Implications:
The Council’s representation on these groups is considered desirable.
Organisational risk management:
Nil
Financial Implications:
Nil
Sustainability:
Environmental: Nil
Economic: Nil
Social: Nil
VOTING REQUIREMENTS: SIMPLE MAJORITY
Officer Recommendation:
That Council appoint the following Council Delegates to Other Bodies for the biennial period 24 October 2019 to 16 October 2021 (or for such shorter term as determined by those groups):
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Local Drug Action Group |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Mrs Sharon Wilkinson |
Youth Development Officer |
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Manjimup Chamber of Commerce and Industry |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Mrs G Burridge |
Corporate Administration Officer |
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Manjimup Education Visions Committee |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Ms G Ipsen Cutts |
Director Community Services |
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Manjimup Visitor Centre |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Ms Gail Ipsen Cutts |
Director Community Services |
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Northcliffe Visitor Centre Committee |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Mrs G Burridge |
Director Community Services |
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Pemberton Visitor Centre Committee |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Ms Gail Ipsen Cutts |
Director Community Services |
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Reconciliation Action Plan Committee |
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Cr |
Councillor |
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Cr |
Councillor |
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Contact: Ms Gail Ipsen Cutts |
Director Community Services |
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Regional Road Group |
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SP |
Shire President |
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DSP |
Deputy Shire President (Proxy) |
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Contact: Mr Michael Leers |
Director Works & Services |
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South West Zone of the WA Local Government Association |
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SP |
Shire President |
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Mr Andrew Campbell |
Chief Executive Officer |
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Trail Bike Hub Inc. Committee |
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Cr |
Councillor |
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Contact: Ms Evy Apeldoorn |
Manager Community Services |
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Walpole Nornalup Visitor Centre Committee |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Ms Gail Ipsen Cutts |
Director Community Services |
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Warren Blackwood Alliance of Councils |
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SP |
Shire President |
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DSP |
Deputy Shire President |
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Mr Andrew Campbell |
Chief Executive Officer (Proxy) |
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Warren Water Advisory Committee |
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Cr |
Councillor |
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Cr |
Councillor (Proxy) |
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Contact: Brian Robinson |
Director Development & Regulation |
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Moved: Taylor, R Seconded: Eiby, W
That Council appoint the following Council Delegates to Other Bodies for the biennial period 24 October 2019 to 16 October 2021 (or for such shorter term as determined by those groups):
CARRIED: 9/0 |
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11.1 Response to questions from members taken on notice. Nil
11.2 Questions from members. Nil
12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: Nil
13. NEW BUSINESS OF AN URGENT NATURE INTRODUCED BY DECISION OF THE MEETING: Nil
14. MEETING CLOSED TO THE PUBLIC:
14.1 Matters for which the meeting may be closed.
Voting Requirements: Simple Majority
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Moved: Jenkins, D Seconded: Eiby, W
That Council goes behind closed doors to consider:
Item 14.1.1 as under Section 5.23(2) (a) it deals with a matter affecting an employee or employees. CARRIED: 9/0 |
14.1.1 Minutes of the Chief Executive Officer Review Committee Meeting Held 24 September 2019
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PROPONENT |
Shire of Manjimup |
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OWNER |
N/A |
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LOCATION / ADDRESS: |
N/A |
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WARD: |
Whole of Shire |
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ZONE: |
N/A |
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DIVISION: |
Office of the CEO |
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FILE REFERENCE: |
15 |
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LEGISLATION: |
Local Government Act 1995 |
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AUTHOR: |
Andrew Campbell |
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DATE OF REPORT: |
26 September 2019 |
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DECLARATION OF INTEREST: |
The author is the subject of the report and has a financial interest in this matter. |
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Moved: Jenkins, D Seconded: Tapley, D
That Council come from behind closed doors. CARRIED: 9/0 |
14.2 Public reading of resolutions that may be made public.
RESOLUTION WAS READ OUT
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That Council receive the Minutes of the Chief Executive Officer Review Committee held 24 September 2019 in accordance with Attachment:14.1.1(2).
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15. APPLICATIONS FOR LEAVE OF ABSENCE: Nil
There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 7.30pm.
SIGNED:…………………………………….DATE: …………………………
Paul Omodei
Shire President
