Minutes of Ordinary Council - 13 February 2020

· I attended the Northcliffe Australia Day Celebrations and they were very enjoyable and I am sure those at Pemberton’s Australia Day Celebration were as well. I would like to thank the organisers of those events.

· I also attended the presentation of Life Memberships and Long Serving Awards to members of the Northcliffe Pioneer Museum. One of those receiving a life membership was a former Shire President Mavis Daubney.

· The Deputy Shire President and I attended a meeting in Donnybrook with the leader of the Opposition, Liza Harvey and Shire Presidents from the South West.

· The Chief Executive Officer, Deputy Shire President and I attended a Warren Blackwood Alliance of Council meeting in Bridgetown.

· I attended Jazz in the Jarrah, I thought it was fantastic.

· I attended a Local Government Insurance Scheme meeting in Perth and subsequently attended the hearing of a Parliamentary Enquiry into Local Government.

· I also attended a meeting of the Pemberton Aged Accommodation Incorporated in Pemberton last night.

· The Chief Executive Officer and I have jointly written letters to the Federal Government expressing our disappointment with the outcome of the Drought Communities Program and the Communities Sports Grants. We are having a meeting with the Federal Member on Tuesday.

· In the last Council meeting, referring to the Minutes on page 7, In response to a question from Mr Nicolaou, I gave an example of Mr Bachos in Smith Brook who managed to get two allocations of licenced water, has been given approval by the Department of Water to build a dam on the Smith Brook as a result of taking water from, and I said ‘West Manjimup’, and it was supposed to have been from the ‘same catchment’.

3. ATTENDANCE:

PRESENT:

Councillors

Cr P Omodei (Shire President)

Cr S Dawson Vidovich

Cr W Eiby

Cr D Jenkins

Cr K Lawrence

Cr J Darin

Cr K Skoss

Cr D Tapley

Cr R Taylor

Cr M Ventris

Cr C Winfield

Staff

Mr Andrew Campbell (Chief Executive Officer)

Mr Greg Lockwood (Director Business)

Ms Gail Ipsen Cutts (Director Community Services)

Mr Brian Robinson (Director Development & Regulation)

Mrs Catherine Mills (Acting Director Works & Services)

Ms Gaye Burridge (Corporate Administration Officer)

Mr Jason Giadresco (Senior Governance Officer)

Mrs Shammara Markotis (Recreation Officer)

Ms Jocelyn Baister (Coordinator Statutory Planning)

Gallery

Alan Lloyd	Mary Nixon
Clive Fielding	Victoria Howe
Jeanette Evill	Daniel Van Gruening
Judy Goldfinch	Sharon Van Gruening
Deanne Ventris	Thi Thu Nyugen
Donelle Buegge	Ladda Kaewprasidq
Nolene Fielding

3.1 Apologies: Nil

3.2 Leave Of Absence: Nil

4. DECLARATIONS OF INTEREST:

The Chief Executive Officer advised that he has received one Impartiality Interest Declaration from Councillor Lawrence for Item 9.5.3.

Councillor Lawrence declared that he had an Impartiality Interest in Item 9.5.3. as his son is the Project Manager of the work.

5. PUBLIC QUESTION TIME:

5.1 Response to public questions taken on notice: Nil

5.2 Public Question Time

5.2.1 Mary Nixon – Manjimup Resident.

· I would like to say how pleased I am that my letter regarding sponsorship for a couple of workshops for retailers to re-energise and perhaps reinvent Manjimup shopping was received and brought before Council.

· Michelle DiSalvo sends her apologies, Michelle was the person who recommended John Stanley.

· If these workshops are part paid by the Shire I am sure we will get better buy in from the businesses in town.

· I think it’s worthwhile for Councillors to show support for the businesses that are struggling.

· Visitors to the Shire are commenting on how good the towns look.

· One of the things visitors like to do after they have sorted their accommodation is to go to shops.

· I think the closing of Gommes after 80 years in the town is a huge blow to the town. That’s a real part of our history going.

· Thank you for putting it on the Agenda so quickly.

· I would urge you to vote in favour of the recommendation.

5.2.2 Victoria Howe – President of Manjimup Chamber of Commerce – Item 9.1.4 Request to Fund Manjimup Retail Workshops.

· The Chamber strongly supports the Retail Workshops in Manjimup.

· The vision for the Chamber is to foster and promote unified business and industry development through innovation, action and efficacy.

· The objective of the Manjimup Town Centre Revitalisation Project is to ‘develop Manjimup into a vibrant and thriving regional growth centre, and it is anticipated that the project will lead to economic growth in the region through increased investment and additional employment opportunities’.

· What I hear in those statements is that we both want development and growth in Manjimup.

· We are still seeing our shops close their doors in our main CBD.

· Businesses are the backbone to this town, without them we don’t have a SuperTown, we don’t have a service town and we don’t have an economy to grow from.

· We come from the United Kingdom initially to Mandurah, came to Manjimup and fell in love with the place and we moved down here and we have just bought a house and we want to stay here and bring my family up here.

· The Chamber has been working really hard to build good relationships with the Shire over the last couple of years. We will continue to offer our support and partnerships to the Shire where ever we can.

· We have also been building relationships with the Visitor Centre, Southern Forest Food Council and more recently the Southern Forests and Valleys Tourism Organisation.

· We are working hard to achieve a unified approach to our common to our goals.

· I would ask you to support the proposal. It will help our retail businesses and give them the tools to help them survive.

· We’ve given a beautiful town, given them building construction and beautiful visuals, just need to help them boost their businesses.

· The Chamber is not in a position at the moment to fully finance these workshops, which is why we have come to you. However we would be able to assist in providing a venue, catering, marketing and advertising as much as we possibly can.

· I see this a united step forward between the Shire and the Chamber of Commerce.

6. PRESENTATIONS:

6.1 Petitions: Nil.

6.2 Presentations

6.2.1 A Citizenship ceremony was held for Mr Daniel Van Gruening, Mrs Sharon Van Gruening, Ms Ladda Kaewprasid and Ms Thi Thu Nyugen. The Shire President congratulated everyone on behalf of Councillors and Staff.

6.3 Deputations

6.3.1 A Deputation was made to Council by the Pemberton Mill Hall Restoration Committee Inc. regarding the request for funding to replace flooring at the Pemberton Mill Hall.

6.4 Delegates’ reports: Nil

6.5 Conference reports: Nil

7. CONFIRMATION OF MINUTES:

Moved: Winfield, C Seconded: Darin, J

28112

That Council:

1. Confirm the minutes of the Ordinary Meeting of Council held on 23 January 2020; and

2. Confirm that Resolution 28065 relating to Item 9.5.4 of the minutes of the Ordinary Meeting of Council held on 5 December 2020 is correct subject to the deletion of advice note ii).

3. Council Resolution 281111 Item 13 of the Minutes that the Mover of that Resolution was Cr Jayde Darin.

CARRIED: 11/0

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

9. COUNCIL OFFICERS’ REPORTS:

Moved: Eiby, W Seconded: Lawrence, K

28113

“That Council adopt the recommendations contained in the Council Officers and Committee Reports on pages 1 – 135 of the Agenda with the exception of:

CARRIED: 11/0

9.1.1	Minutes of the 2019 Annual Electors Meeting held 22 January 2020
9.1.4	Request to Fund Manjimup Retail Workshops
9.3.4	Proposed Budget Review Adjustments - December 2019
9.3.5	Request to Write Off Sundry Bad Debts
9.3.6	Requests for Extensions to Time Restriction for Development Completion - Lease Sites 521 and 526 Windy Harbour
9.5.6	Proposed Overnight Parking Area for Self Contained Recreational Vehicles - Pioneer Park, Walpole
9.7.1	Proposed Budget Adjustment - Successful Mitigation Activity Fund Grant
9.12.1	Proposed Award of Tender RFT 02/19 Management of the Manjimup Recycling and Refuse Centre
9.13.2	Proposed Budget Adjustment - Shire of Manjimup Gravel Research Project
9.16.1	Nominations for Manjimup Town Centre Revitalisation Committee
9.16.2	Nominations for Northcliffe Town Centre Revitalisation Advisory Committee
9.16.3	Walpole Town Centre Revitalisation Advisory Committee - Review of Appointments
9.16.4	Proposed Nomination for the Pemberton Town Centre Revitalisation Advisory Committee
9.16.5	Proposed Nomination for the Manjimup Heritage Park Advisory Committee

Items passed by En Bloc Resolution

9.1.2 Consideration of an Expression of Interest Process to Lease 5D Brockman Street, Manjimup for a Food and/or Beverage Related Tenancy

9.1.3 October - December 2019 Quarterly Report - Office of the CEO

9.1.5 Proposed Rescission of Corporate Policy 2.1.13 Designation of Senior Employees

9.1.6 Proposed Review of Corporate Policies 2.1.18 Gifts and Acknowledgements to Councillors and Employees and 2.1.15 Employee Selection, Recruitment and Relocation Expenses

9.2.1 Quarterly Report October - December 2019 Business Directorate

9.3.1 Council Financial Payments October 2019

9.3.2 Council Financial Payments November 2019

9.3.3 Monthly Financial Activity Statement - December 2019

9.3.7 Proposed Windy Harbour Lease Transfer - Site 18

9.3.8 Proposed Windy Harbour Lease Transfer - Site 231

9.3.9 Proposed Sale of Property - 7 Blackbutt Drive, Manjimup

9.5.1 Proposed Dwelling and Carport at Lot 13 (43) Balyan Retreat, Perup

9.5.2 Proposed Single Dwelling at Lot 126 (10) Meerup Street, Northcliffe

9.5.3 Proposed Dam Across the Boundary of Lot 3 and Lot 501 Kemp Road, Eastbrook

9.5.4 Proposed Adoption of Revised Local Planning Policies No 6.1.20 - Dams and 6.1.11 Rural Land Use

9.5.5 Quarterly Report - October to December 2019 - Development and Regulation Directorate

9.9.1 Proposed Review of Policy 3.9.1 Community and Workplace Healthy Catering

9.9.2 Community Services Directorate Quarterly Report October - December 2019

9.12.2 Proposed Review of Road Hierarchy Policy 9.1.14.

9.12.3 Consideration of Request to Support Various Shire Roads being on the Restricted Access Vehicle Network 7

9.13.1 Consideration of Tender RFT 04/19 Supply of Gravel Walpole and Surrounds

9.1.2 Consideration of an Expression of Interest Process to Lease 5D Brockman Street, Manjimup for a Food and/or Beverage Related Tenancy

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	5D Brockman Street, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Office of the CEO
FILE REFERENCE:	F190086
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	28 January 2020
DECLARATION OF INTEREST:	Nil

Background:

In 2016 the Shire of Manjimup purchased Lot 303 (formerly Lot 43) Brockman Street, Manjimup comprising a total floor area of 774m² over two stories and four separate retail spaces, being tenancies 5A, 5B and 5C on the bottom floor and 5D upstairs. The purpose of the acquisition was for:

1. a short term opportunity to create a Community Information Office and Project Management Office during the course of the Revitalisation of Manjimup’s Town Centre Project from two of the bottom floor retail spaces (5A and 5B); and

2. a medium term opportunity encourage hospitality providers to the Brockman Street Food and Beverage precinct being developed under the Revitalisation of Manjimup’s Town Centre project.

Retail space 5A and 5B, being one combined lease, are leased to a commercial food and beverage provider and 5C is leased to a commercial food provider (subject to renewal in another item in this agenda), with both paying commercial lease fees to the Shire of Manjimup. Retail space 5D is the upstairs tenancy of 356m², previously used for martial arts training but vacant since 30 June 2019.

Significant Revitalisation of Manjimup’s Town Centre Project works in Brockman Street, Manjimup are nearing completion with an expectation that the bulk of major improvements will be complete by 31 March 2020 and this has created recent queries from a prospective commercial operator about using 5D for food and/or beverage related activities.

The opportunity to lease 5D for a commercial food and/or beverage operator has provided a situation whereby an Expression of Interest (EOI) process is considered more advantageous than a Request for Tender process as the scope of any EOI could be broad and there are possibly multiple scenarios that may form part of any submission. In addition, retail space 5D is not currently up to the standard required for commercial tenancy with significant works required by the Shire of Manjimup, as lessor, to make it suitable and this may be potentially negotiated through an EOI process.

The purpose of this item is to obtain Council’s consent to commence an EOI process for 5D Brockman Street, Manjimup.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The consideration of leasing 5D Brockman Street, Manjimup was deferred in 2019 due to the need to focus on completing the Revitalisation of Manjimup’s Town Centre Project and given the complexity and cost of upgrading the building to a suitable standard. The recent interest from a prospective operator has now brought this consideration forward for the Shire of Manjimup and an EOI process is recommended to test the market and determine cost implications for Council’s further consideration. In addition to this a market valuation from the Valuer General is required as part of statutory obligations.

Whilst the potential leasing of 5D Brockman Street, Manjimup is in its infancy, the intended approach is considered risk averse in that testing market with very little expenditure and this will allow Council to give detailed consideration for any proposal that may arise through the EOI process. On this basis it is recommended that Council proceed with the EOI for 5D Brockman Street, Manjimup.

STATUTORY ENVIRONMENT:

Section 3.58 of the Local Government Act 1995 outlines the process for the Local Government to dispose of property including leases.

Policy / Strategic Implications:

The strategy to create a Food and Beverage Precinct in Brockman Street, Manjimup is designed to attract more visitation to a vibrant Manjimup CBD and result in a greater retail spend and more local jobs.

The Shire of Manjimup owns Lot 303 Brockman Street, Manjimup in freehold title that is an asset able to be sold in the future if desired.

Organisational risk management:

When entering commercial arrangements, the Shire of Manjimup needs to be conscious of not giving unfair commercial advantage to lessees.

Financial Implications:

There is no doubt that significant expenditure would be required from the Shire of Manjimup to upgrade 5D Brockman Street, Manjimup to a standard required to secure a medium to long term commercial tenancy. Whilst this cost is yet to be accurately determined, it is estimated that the cost could be in the order of $300,000 to $350,000. To counter this it is expected that a commercial tenancy could potentially generate income of $30,000 to $35,000 per annum which could be used to offset capital improvement costs.

Sustainability:

Environmental: Nil

Economic: The involvement of the Shire of Manjimup in encouraging occupancy in the Food and Beverage Precinct will have significant economic benefits to a number of commercial providers and suppliers in the region.

Social: The Food and Beverage Precinct is designed to provide an attractive and vibrant community space in the Manjimup CBD.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Endorse the approach to conduct an Expression of Interest process for the commercial tenancy of 5D Brockman Street, Manjimup for the provision of food and/or beverage;

2. Seek a market valuation for the commercial leasehold of 5D Brockman Street, Manjimup to be used as part of the Expression of Interest process; and

3. Await a further report about this matter at the end of the Expression of Interest process.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28114

That Council:

1. Endorse the approach to conduct an Expression of Interest process for the commercial tenancy of 5D Brockman Street, Manjimup for the provision of food and/or beverage;

2. Seek a market valuation for the commercial leasehold of 5D Brockman Street, Manjimup to be used as part of the Expression of Interest process; and

3. Await a further report about this matter at the end of the Expression of Interest process.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.1.6 Proposed Review of Corporate Policies 2.1.18 Gifts and Acknowledgements to Councillors and Employees and 2.1.15 Employee Selection, Recruitment and Relocation Expenses

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	N/A
WARD:	N/A
ZONE:	N/A
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F160048
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jason Giadresco
DATE OF REPORT:	30 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council policies are reviewed regularly to ensure consistency between the policies, Council decision making and to respond to community feedback. Generally this occurs after a period of four years, or where modifications are required to reflect legislative changes. The purpose of this report is to present to Council the following policies that have been reviewed. A copy of each of the current corporate policies due for review are appended:

· Corporate Policy 2.1.15 Employee Selection, Recruitment and Relocation Expenses; and

APPENDIX: 9.1.6(A)

· Corporate Policy 2.1.18 Gifts and Acknowledgements to Councillors and Employees.

APPENDIX: 9.1.6(B)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

A policy review is intended to make amendments to existing policies based on past performance, future demands and changes to relevant legislation. It also provides an opportunity to rescind policies deemed redundant and/or no longer effective for the purpose for which they were originally adopted.

The policies listed in the Background section of this report have been reviewed. The ongoing functionality and intent of these policies since their last review in 2016 is considered adequate. Any changes made are summarised as follows:

Policy 2.1.15 Employee Selection, Recruitment and Relocation Expenses

Aside from minor grammatical changes, the Policy has been renumbered to Corporate Policy 2.1.1. A copy of the amended Policy is attached.

ATTACHMENT: 9.1.6(1)

Policy 2.1.18 Gifts and Acknowledgements to Councillors and Employees

No material changes to its content have been made, but the Policy has been renumbered to Corporate Policy 2.1.2. A copy of the Policy is attached.

ATTACHMENT: 9.1.6(2)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Policies should be periodically reviewed to ensure currency and effectiveness.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt the following reviewed policies:

a) Corporate Policy 2.1.1 Employee Selection, Recruitment and Relocation Expenses as attached at 9.1.6(1); and

b) Corporate Policy 2.1.2 Gifts and Acknowledgements to Councillors and Employees as attached at 9.1.6(2).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28117

That Council adopt the following reviewed policies:

a) Corporate Policy 2.1.1 Employee Selection, Recruitment and Relocation Expenses as attached at 9.1.6(1); and

b) Corporate Policy 2.1.2 Gifts and Acknowledgements to Councillors and Employees as attached at 9.1.6(2).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.1 Council Financial Payments October 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:	10 January 2020
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 $1,134,433.99 for the month of October 2019 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.1(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 13 February 2020.

Fund	Vouchers	Amount
Municipal	94097 - 94133	$90,749.40
Trust Fund	-	$0.00
Total Cheques for Month of October 2019		$90,749.40

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 13 February 2020.

Fund	Batch	Amount
Municipal	24 – 28	$1,036,905.76
Total EFT for Month of October 2019		$1,036,905.76

Corporate Credit Card October 2019 – Municipal Account

6.1101	City of Bunbury Parking for CEO – SWALGA Meeting		$6.50
665.1101	Godaddy.com Manjimup Heritage Park Domain Name		$43.43
6.1101	Top Deck Café Meal – South Ward Meeting CEO & Councillor		$62.00
6.1391	City of Fremantle Parking CEO – Accommodation site meeting		$5.50
8.1101	IP Australia Trademark Renewal (Logo) to 9/3/2020		$400.00
4.1221	Adobe Creative Cloud Creative Cloud Suite for PRO to design documents		$79.29
14.1266	Bagworld Laptop Backpack		$119.90
Various Allocations	Westnet Internet Services 1/9/2019-1/10/2019		$399.79
7.1233	LG Business Systems 4x 500pk Payslip Advice		$533.94
7.1101	Manjimup Liquor World Drinks for Rates EOY Function		$22.40
6.1101	Southern Roasting SMT Breakfast		$77.50
677.1299	Mercure Hotels State Library Conference		$413.00
677.1101	Ikea Small Computer Desk and Delivery		$208.00
660.1237	Australian Regional Tourism Membership		$651.00
665.1365	Southern Roasting Heritage Park Project Team Meeting		$31.00
665.1101	Southern Roasting Heritage Park Project Team Meeting		$15.00
575.1317	Quality Lighthouse Bunbury Meals for DCS Management Team – Recovery Training		$131.50
575.1101	The Reject Shop Carpet Roll for Power Up		$128.00
1013.1544	EZI Revolution 400g Molykote Industrial Silicone		$94.67
1013.1544	Eco Elegance 70L Stainless Steel Waste Bin		$548.90
6.1101	Southern Roasting SMT Breakfast		$66.50
976.6003	United Petroleum Pty Ltd Fuel for WA1012		$50.00
665.1132	Gameco Pty Ltd Various Replacement items for Blacksmiths Workshop		$531.36
575.1101	Canva Pty Ltd Photographic Studios Purchase of Stock Image		$1.03
79.1411	Country Comfort Intercontinental Hotel 3x nights accommodation BFB Volunteer Training		$349.46
1017.1544	Western Australia Planning Commission Planning Fees – WAPC Ref 155093		$655.00
765.1101	Bunbury Boulevard Bakery DWS Lunch Regional Road Group / MRWA Meeting		$12.50
688.1606	Smith Broughton Yamaha 2KVA Inverter Generator		$633.90
687.1317	Hyatt Regency Perth 3x Night accommodation & meals for MTS to attend Women in Leadership Course		$507.76
Total Credit Card Payments			$6,778.83
Total Payments for the month October 2019		$1,134,433.99

STATUTORY ENVIRONMENT:

Local Government (Financial Management) Regulations 1996, Regulations (12) and (13).

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

As Stated.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council receive the accounts paid during October 2019 totalling $1,134,433.99 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28119

That Council receive the accounts paid during October 2019 totalling $1,134,433.99 as detailed in Corporate Card Statement and Attachment: 9.3.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.2 Council Financial Payments November 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:	10 January 2020
DECLARATION OF INTEREST:	Nil

Background:

It is a statutory requirement for a list of payments from the Municipal and Trust Funds to be presented to Council and included in the minutes.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The accounts for payment totalling $2,648,308.56 for the month of November 2019 are itemised in the attachment and in the Corporate Credit Card statement listed below.

ATTACHMENT: 9.3.2(1)

Vouchers for the expenditure are available for inspection at the Council Meeting of 13 February 2020.

Fund	Vouchers	Amount
Municipal	94134 - 94182	$119,986.25
Trust Fund	-	$0.00
Total Cheques for Month of November 2019		$119,986.25

Electronic Funds Transfer (EFT) expenditure batch reports are available for inspection at the Council Meeting of 13 February 2020.

Fund	Batch	Amount
Municipal	29 – 35	$2,523,817.13
Total EFT for Month of November 2019		$2,523,817.13

Corporate Credit Card November 2019 – Municipal Account

945.6007	Western Power Application for oversize load movement permit		$120.00
1012.1544	Bunbury Boulevard Lunch DWS Main Roads / TCR meeting		$16.00
688.1101	Hanging Basket Florist Rockingham Flowers for staff member following surgery		$71.50
Various Allocations	Westnet Internet Services 1/10/2019 – 1/11/2019		$575.79
13.1294	Liquid Files Liquid Files Licence 1yr Renewal		$1,356.77
963.6001	Groeneveld Australia Twin Reservoir Set for Caterpillar Loader		$232.56
687.1370	DBCA Wildlife License Application for Flora Taking		$120.00
1013.1544	TMG Contractor Essentials Riggers Gloves, Electrical Safety Gloves, Safety Helmets		$286.31
1013.1544	PayPal Allingtons 6x Children’s High Vis Shirts		$189.65
1013.1544	PayPal Templwebstr 1x Floor Lamp, 2x Light globes		$284.71
1013.1544	LC Needen Worda 4x Junior Safety Vests		$35.62
665.1101	Blue Tiger Café Manjimup Heritage Park Project Team Meeting Refreshments		$15.00
665.1101	Southern Roasting Manjimup Heritage Park Volunteer Planting Day Refreshments		$57.00
665.1101	Chicken Treat Manjimup Catering - Heritage Park Volunteer Planting Day		$77.64
571.1097	Dept. of Racing, Gaming and Liquor Occasional Liquor Licence		$54.00
665.1132	Gameco Pty Ltd Refund of items purchased for Blacksmith Workshop		($531.36)
6.1101	Southern Roasting Manjimup SMT Breakfast Meeting		$106.50
4.1221	Adobe Creative Cloud Creative Cloud Suite for PRO to design documents		$79.29
6.1391	Pan Pacific Perth Accommodation for CEO – RAC meeting & function		$247.00
6.1101	Henrys Café Refreshments for CEO’s meeting Bunbury		$16.20
102.1317	Australian Institute Registration – MBS to attend WA Chapter Conference 2019		$1,095.00
Total Credit Card Payments			$4,505.18
Total Payments for the month November 2019		$2,648,308.56

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 November 2019 totalling $2,648,308.56 as detailed in Attachment: 9.3.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28120

That Council receive the accounts paid during November 2019 totalling $2,648,308.56 as detailed in Attachment: 9.3.2(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.3.3 Monthly Financial Activity Statement - December 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:	30 January 2020
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 December 2019 is attached. The report is summarised by Function/Activity with operating comments via department.

ATTACHMENT: 9.3.3 (1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The financial performance for the Shire of Manjimup to the 31 December 2019 is a projected deficit of $54,500.

This $54,500 deficit 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.

A separate “Budget Adjustment December 2019” agenda item has proposed budget adjustment to offset over expenditure to date and to arrest the deficit position. If approved the adjustments will directly reduce the deficit by $61,787 and actually produce a project surplus at the 31 December 2019 of $7,287.

The items identified after an assessment of the Shire of Manjimup financial accounts to the 31 December 2019 are;

Interest on Investment – Municipal/Reserve $40,000 - While finance staff attempt to maximise interest through various banking tools as per Council’s Investment Policy, the combination of the current record low interest rates and significant grants paid in arrears of expenditure, it is very unlikely that the budget for Interest Income will be achieved.

As part of the December 2019 Budget Adjustment it is proposed to allocate the final audited 2018/2019 Carry Forward Surplus position to adjust this line item.

Northcliffe Mainstreet Upgrade C/F $15,500 – The final component of Stage 1 of the Northcliffe Mainstreet upgrade was to refurbish the Zamia Street Public Toilets. On completion of the works there was a $15,500 overspend. Whilst this may appear to be a significant overspend, the budget was one set by remaining funds opposed to funds required to meet a standard. On review the project required significantly more labour than expected.

The refurbishment of the toilet block has an element of maintenance attached, so the December 2019 Budget Adjustments propose to transfer $15,500 from Building Maintenance to cover the shortfall.

100kW PV Solar Project – Manjimup Regional AquaCentre $10,500 - The primary reason for the overspend, was an unfavourable geotechnical report meant the proposed mounting of rammed poles needed to be upgraded to ground screws to meet wind standards. The last electricity account received by Shire Officers was $8,800 for 36 days, this is significantly down from the typical accounts of between $12,000 and $18,000.

The overspend for the Solar Project is proposed to be funded by reduction in Electricity Budgets.

Fees – Development Applications $10,000 – A positive item affecting the Shire of Manjimup’s end of year position is Development Application Fees. A projection of year to date actuals for planning fees should see an extra $10,000 of income generated.

Road Maintenance continues to be monitored closely this time of year with budgets showing utilisation of 54.5%. July to October is traditionally a heavy road maintenance period, with dryer weather triggering the move from road maintenance to the capital works program. To the 31 December 2019 road maintenance is at 54.5% expended which is comparable to previous years, this will leave sufficient budget to carry out the maintenance program to 30 June 2020.

There have been no major issues arise in the 6 months of 2019/20, 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 December 2019 as per Attachment: 9.3.3(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28121

That Council receive the Monthly Financial Activity Statement Report for December 2019 as per Attachment: 9.3.3(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.3.7 Proposed Windy Harbour Lease Transfer - Site 18

PROPONENT	M & H Fletcher B Kimberley
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 231 Mitchell Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F160828
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	31 January 2020
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.

The lease for Site 18 is registered to Michael and Helen Fletcher who have entered a contract for sale of the lease to Bruce Kimberley.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 Windy Harbour Leases, a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 231 was undertaken on 9 September 2015 with it being in an overall satisfactory condition.

The current lease commenced 12 June 2008. A full 20 year lease term has been requested for the purchaser.

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 lease transfer and granting of a new 20 year term is in accordance with Shire Policy 3.4.2 Windy Harbour Leases.

Organisational risk management:

Nil.

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 taking effect:

1. Terminate, by mutual consent, the lease over Site 18 Windy Harbour between the Shire of Manjimup and Michael John Fletcher and Helen Judith Fletcher; and

2. Approve a 20 year lease over Site 18 Windy Harbour between the Shire of Manjimup and Bruce Robert Kimberley, subject to approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28122

That Council, subject to the transfer taking effect:

1. Terminate, by mutual consent, the lease over Site 18 Windy Harbour between the Shire of Manjimup and Michael John Fletcher and Helen Judith Fletcher; and

2. Approve a 20 year lease over Site 18 Windy Harbour between the Shire of Manjimup and Bruce Robert Kimberley, subject to approval of the Minister for Lands.

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.3.8 Proposed Windy Harbour Lease Transfer - Site 231

PROPONENT	A Blake W & S Gill
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 231 Gregory Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F180371
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	31 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The lease for Site 231 is registered to Adrian Blake who has entered a contract for sale of the lease to William and Sharon Gill.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

In accordance with Policy 3.4.2 Windy Harbour Leases, a general condition assessment for each lease site is to be undertaken once every five years and work orders issued where required. A general condition assessment for Site 231 was undertaken on 17 September 2015 with it being in an overall satisfactory condition.

The current lease commenced 12 September 2002. A full 20 year lease term has been requested for the purchasers.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

The lease transfer and granting of a new 20 year term is in accordance with Shire Policy 3.4.2 Windy Harbour Leases.

Organisational risk management:

Nil.

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 taking effect:

1. Terminate, by mutual consent, the lease over Site 231 Windy Harbour between the Shire of Manjimup and Adrian Blake; and

2. Approve a 20 year lease over Site 231 Windy Harbour between the Shire of Manjimup and William Gill and Sharon Gill as joint tenants, subject to approval of the Minister for Lands.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28123

That Council, subject to the transfer taking effect:

1. Terminate, by mutual consent, the lease over Site 231 Windy Harbour between the Shire of Manjimup and Adrian Blake; and

2. Approve a 20 year lease over Site 231 Windy Harbour between the Shire of Manjimup and William Gill and Sharon Gill as joint tenants, subject to approval of the Minister for Lands.

ADOPTED BY EN BLOC RESOLUTION: 11/0

9.3.9 Proposed Sale of Property - 7 Blackbutt Drive, Manjimup

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	7 Blackbutt Drive, Manjimup
WARD:	Central
ZONE:	Residential
DIRECTORATE:	Business
FILE REFERENCE:	F200044
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	4 February 2020
DECLARATION OF INTEREST:	Nil

Background:

The Shire of Manjimup owns 7 Blackbutt Drive, Manjimup, being a residential property previously for providing employee housing. At the meeting of 25 July 2019 (27890) Council considered proposed sale of the property and resolved:

That Council:

1. Having regard to the age of the existing home and the maintenance required on No 7 (Lot 329) Blackbutt Drive, Manjimup proceed with the disposal of the property;

2. Authorise the Chief Executive Officer to seek quotes and appoint a local real estate agent with the view to offering for sale by auction in accordance with section 3.58(2) of the Local Government Act 1995;

3. Proceed to offer for sale by way of an auction, No 7 (Lot 329) Blackbutt Drive, Manjimup with a reserve price of to be set on the basis of the commercial value of the property as determined by a qualified valuer;

4. Authorise the Chief Executive Officer to proceed to list the property for sale for a period of six (6) months through local real estate agents, in the event that the auction fails to reach the reserve price identified in point No 3 above.

5. await a further agenda item on the disposal of the subject land pending compliance with points 1 to 4 above.

The purpose of this agenda item is to consider a reduced sale price.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

A market valuation was obtained of $290,000 exclusive of GST. After seeking quotes from local real estate agents LJ Hooker were appointed as the sale agent. An auction was held on 14 December 2019, however it was passed in with no bids.

After the auction the property was listed for sale at $299,000. LJ Hooker have continued with the marketing, including a number of home opens. Due to an initial low level of interest from prospective buyers, the listing price was reduced to $279,000. Feedback received has included that buyers are aware of the level of maintenance and upgrades required to achieve the potential with this property.

One offer has been received at $279,000. As this is below the market valuation, Council approval is sought to accept this offer.

The valuation report noted that a likely selling price range would be $280,000 to $300,000. This was consistent with market appraisals from local real estate agents. The reduced price of $279,000 is $11,000 less than the market valuation, slightly less than the expected range. It is considered reasonable to recommend accepting this offer.

STATUTORY ENVIRONMENT:

The auction sale method was chosen in accordance with section 3.58 of the Local Government Act 1995. Section 30(2a) of the Local Government (Functions and General) Regulations 1996 provides that where the property is disposed of within six months of an unsuccessful public auction there are no further requirements in regards to giving public notice.

Policy / Strategic Implications:

Proposed sale of the property was considered in detail in the agenda to Council for the meeting of 25 July 2019, including the condition of the property, asset management and future development opportunities.

Organisational risk management:

The property may be on the market for some time if the full valuation price is pursued. Accepting the reduced price will achieve a sale now, allowing other future development opportunities to commence.

Financial Implications:

It is considered reasonable to accept the reduced price of $279,000 given the valuation report noted that a likely selling price range would be $280,000 to $300,000, an auction has been held and it has been on the market for a few months.

On the successful settlement of 7 Blackbutt Drive, the net proceeds are proposed to be placed in the Building Asset Management to be utilised for the renewal of the Shire of Manjimup’s residential based building assets.

Sustainability:

Environmental: Nil

Economic: Nil

Social: Nil

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council authorise the Chief Executive Officer to proceed with disposal of 7 Blackbutt Drive, Manjimup at the reduced price of $279,000 within six months of the auction held on 14 December 2019.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28124

That Council authorise the Chief Executive Officer to proceed with disposal of 7 Blackbutt Drive, Manjimup at the reduced price of $279,000 within six months of the auction held on 14 December 2019.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.5.1 Proposed Dwelling and Carport at Lot 13 (43) Balyan Retreat, Perup

PROPONENT	Southern Forest Construction
OWNER	Mr G R & Mrs C E Howells
LOCATION / ADDRESS:	Lot 13 (43) Balyan Retreat, Perup
WARD:	East
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/184 P57286
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	13 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is requested to consider an application for a single dwelling to be constructed within an existing outbuilding and for the construction of a new carport at Lot 13 (43) Balyan Retreat, Perup, being located within the subdivision known as ‘Song Place’. The subject property is 4.6 hectares in area and located adjacent State forest to the east. A Western Power easement exists along the front of the property. The site is located within an area designated as bushfire prone. A location plan is shown below.

LOCATION PLAN

The property consists of:

· an approved outbuilding, which Council resolved (Resolution 22757) to approve in 2005 with a setback variation to the State Forest of 20 metres in lieu of the prescribed 50-100 metres at that time;

· a 7.5 x7.5 metre carport located alongside the existing outbuilding that received approval under delegated authority in 2017. A site inspection indicated that this open-sided structure has since been enclosed;

· a 3x3 metre shed and two rainwater tanks that are situated within prescribed side setbacks and which have not received approval. A third rainwater tank is located within the front setback, this also has not received approvals; and

· a substantial greenhouse structure which is located within the front setback was identified during a site visit and does not have approval.

The applicant is seeking approval for the conversion of the 2005 outbuilding and 2017 carport to a dwelling and for the construction of a new 6 by 8 metre (48m²) carport with a reduced setback to the southern boundary of 2.5 metres and a reduced setback to the front boundary of 17.3 metres.

The applicant has submitted a Bushfire Attack Level (BAL) report, the property has achieved a BAL rating of 29, allowing the construction of a residential building to occur. Further discussion is contained in the Bushfire Prone Area section of this report.

Details of the proposal are shown attached.

ATTACHMENT: 9.5.1(1)

Council is requested to consider the application as Shire officers are not supportive of the reduced setback to the carport and do not have the delegated authority to refuse the application where it would normally be a discretionary decision.

PUBLIC Consultation Undertaken:

The application was referred to the adjoining neighbours, Western Power and the Department of Biodiversity Conservation and Attractions (DBCA) for comment for a period of 21 Days. A copy of the response from Western Power and DBCA is attached.

ATTACHMENT: 9.5.1(2)

COMMENT (Includes Options):

The provisions of the Shire of Manjimup’s Local Planning Scheme No. 4 (the Scheme) include the subject land within the General Agricultural zone. In accordance with clause 5.35.2, development within the General and Priority Agriculture zones are required to confirm with the following setbacks:

a) Minimum Front Setback – 30 metres;

b) Minimum Side Setback – 10 metres; and

c) Minimum Rear Setback – 30 metres.

d) Minimum setback from State Forest, National Park, Conservation Reserve or other timbered Crown or local government controlled land – 100 metres

In this case the applicants are proposing setbacks of 2.5 metres to the southern (side boundary) and 17.3 metres to the eastern (front boundary as well as State Forest). Approval to the proposed setbacks can only be granted through a relaxation of the setback requirements.

To guide Council in determining the application, the following comments are offered:

Matters to be Considered

Clause 10.2 of the Scheme requires that Council have regard to various matters, including, but not limited to:

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

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

(xv) the preservation of the amenity of the locality;

(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bushfire or other risk; and

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

Scheme Objectives

The application as submitted is consistent with the objectives of the General Agricultural zone as it will allow the landowners to live and work on the land. The new carport does not however meet the setback requirements for the zone. Approval to the carport as proposed will require a relaxation of the specified development standards.

Relaxation of Standards

In accordance with Part 5.5 of the Scheme, where a proposed development does not comply with a standard or requirement of the Scheme the application may, despite the non-compliance, be approved by Council. In considering such an application, clause 5.5.2 requires that any landowners which may be affected are consulted. In this case, no objections to the development have been received.

As stipulated by clause 5.5.3 a relaxation of a standard or requirement of the scheme may only be granted if the local government is satisfied that:

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

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

A relaxation of the setback requirements to permit construction of the new carport with a setback of 2.5 metres is not supported for the following reasons:

a) the need to ensure compliance with the Shires Annual Firebreak Notice requirements for a minimum 3 metre wide firebreak along the property boundary; and

b) the potential for the creation of an undesirable precedent for development within the General Agricultural Zone.

Bushfire Prone Area

In determining an application for a reduction in setbacks, in accordance with clause 5.35.2 the local government is required to consider a range of matters including the possible bush fire hazards. The proposed development is not able to achieve the required three (3) metre firebreak, which may result in unacceptable fire management risks. To ensure a firebreak can be established, it is recommended that the proposal for a 2.5 metre setback to the carport be refused and that the applicant be made aware of the existing development on the property which does not have approval and is within the prescribed setback area.

The portion of the application, which proposes the conversion of the Outbuilding to a Dwelling, is contained within existing (partially) approved structures and is therefore supported, subject to appropriate conditions.

Conclusion

To ensure that the proposed dwelling is adequately protected from the threat of bushfire, a minimum 3 metre firebreak should be maintained. The proposed setback to the carport of 2.5 metres would not achieve this. Other aspects of the proposal are supported without modification.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

The applicant has paid the required fee for the application.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council

1) In accordance with Clause 5.5 and Part 10 of the Shire of Manjimup Local Planning Scheme No.4 grant development approval to the proposed conversion of an Outbuilding to a Single Dwelling at Lot 13 (43) Balyan Retreat, Perup (TP 173/2019) in accordance with the plans shown at Attachment 9.5.1(1), subject to the following conditions:

a) This approval relates to the proposed conversion of the existing outbuildings only and does not relate to the proposed proposed carport, the existing rainwater tanks and a shade house which are located within in the side and front setback area.

b) The development hereby approved is to be carried out generally in accordance with the plans and specifications submitted with the application, as marked 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
Page 2 of 7	Location Plan	3 December 2019
Page 3 of 7	Site Plan	3 December 2019
Page 4 of 7	Floor Plan	3 December 2019
Page 6 of 7	Elevation	3 December 2019

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) With regards to condition a), the applicant is advised that there is existing unauthorised structures within the side and front setback areas that require a retrospective application for planning approval.

iii) With regards to condition a), the applicant is encouraged to submit a new application demonstrating at least a 3 metre side setback.

iv) All habitable 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.

v) Firebreaks and low fuel zones are to be installed and maintained to the satisfaction of the Shire of in accordance with the requirements of the Annual Shire Firebreak Notice endorsed by Shire of Manjimup.

vi) Any development on the subject site shall be designed and constructed to protect Western Power infrastructure and interests from potential land use conflict. Proponents should refer to https://westernpower.com.au/safety/360-aware/industry-safety.

2) In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No.4 REFUSE the proposed carport at Lot 13 (43) Balyan Retreat, Perup (TP 173/2019) for the following reasons:

a) The proposed setback of 2.5 metres will result in an unacceptable fire management risk as a minimum firebreak will not be able to be implemented and maintained; and

b) Approval to the application as submitted would result in the creation of an undesirable precent for development within the General Agricultural Zone.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28125

That Council

Reference	Document Title	Date Received
Page 2 of 7	Location Plan	3 December 2019
Page 3 of 7	Site Plan	3 December 2019
Page 4 of 7	Floor Plan	3 December 2019
Page 6 of 7	Elevation	3 December 2019

Advice to applicant:

iii) With regards to condition a), the applicant is encouraged to submit a new application demonstrating at least a 3 metre side setback.

iv) All habitable 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.

2) In accordance with Part 10 of the Shire of Manjimup Local Planning Scheme No.4 REFUSE the proposed carport at Lot 13 (43) Balyan Retreat, Perup (TP 173/2019) for the following reasons:

a) The proposed setback of 2.5 metres will result in an unacceptable fire management risk as a minimum firebreak will not be able to be implemented and maintained; and

b) Approval to the application as submitted would result in the creation of an undesirable precent for development within the General Agricultural Zone.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.2 Proposed Single Dwelling at Lot 126 (10) Meerup Street, Northcliffe

PROPONENT	Mrs S Jones
OWNER	Mrs S Jones
LOCATION / ADDRESS:	Lot 126 (10) Meerup Street, Northcliffe
WARD:	Coastal
ZONE:	Residential
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA20/1 P52575
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	21 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council is asked to consider a development application for a transportable dwelling at Lot 126 (10) Meerup Street, Northcliffe. The subject property is 1,686m² in area and is located at the corner of North Street and Meerup Street, Northcliffe. A location plan is shown below.

LOCATION PLAN

In 2019 an 84m² outbuilding was approved under delegated authority with a 6 metre setback from North Street and an 18 metre setback from Meerup Street. The approval was subject to a requirement for a dwelling to be constructed within a period of two years.

Council at its meeting 1 February 2019 considered a request for reconsideration of this timeframe. Council resolved (27717) to advise the applicant that it was not prepared to reconsider the inclusion of the time limiting condition. An excerpt from the relevant minutes is appended.

APPENDIX: 9.5.2(A)

Council is requested to consider a proposed transportable dwelling which cannot be processed under delegated authority due to the need to vary the requirements of Local Planning Policy 6.1.3 - Outbuildings. Details of the proposal are shown attached.

ATTACHMENT: 9.5.2(1)

PUBLIC Consultation Undertaken:

Public consultation is not required as the proposed dwelling is compliant with the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) and State Planning Policy 7.3 Residential Design Codes Volume 1 (the R-codes).

Prior to approving the outbuilding under delegated authority, a public consultation process was completed with no objections received.

COMMENT (Includes Options):

The provisions of the Shire of Manjimup Local Planning Scheme No. 4 (the Scheme) identifies the subject land as Residential with a density of R10/20. The purpose of the zone is to provide for a varied urban residential environment to meet the needs of the community and to promote the amenity of residential areas.

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:

(v) any approved State Planning Policies of the Commission;

(vi) the local government’s adopted Local Planning Strategy and any Local Planning Policy adopted by the local government under Clause 2.4; and

(xv) the preservation of the amenity of the locality;

(xxviii) any other planning consideration the local government considers relevant.

To assist Council in determining this application the following comments are offered:

Residential Design Codes

State Planning Policy No 7.3 – Residential Design codes Volume 1 (R-Codes) prescribes standards for residential development within Western Australia.

An assessment of the proposed dwelling confirms that the application as submitted complies with all relevant standards including setbacks to the primary and secondary streets, being North Street and Meerup Street respectively.

Local Planning Policy 6.1.3 Outbuildings

Whilst the application as submitted complies with the Residential Design Codes, approval to the dwelling in its proposed location will result in the previously approved outbuilding being established contrary to the requirements of Local Planning Policy 6.1.3 (the Policy).

The purpose of the Policy is to apply regional variations to the deemed-to-comply provisions of the R-Codes where a residential density applies. In accordance with the Policy provisions, approval may be granted to a domestic outbuilding on a vacant lot where it is demonstrated future dwelling can be provided for and the development will not affect the amenity of the neighbouring properties.

When assessed the outbuilding complied with the policy except, for the requirement for a dwelling to be constructed or planned for. As a dwelling could still be constructed forward of the outbuilding, protecting the amenity of the streetscape, the location was supported the development was approved subject to the condition requiring construction of a dwelling within two years.

The outbuilding, which is yet to be constructed, is approved with a setback of 6 metres to North Street and 18 metres from Meerup Street. The applicant has now proposed the dwelling central to the property. As a result the outbuilding will be the predominant feature of the properties streetscape.

In Shires Officer’s opinion, whilst the location of the outbuilding forward of the dwelling could detrimentally impact on the streetscape, the subject site and its adjoining verge have a number of mature trees and shrubs which provides adequate screening to the Outbuilding and proposed dwelling.

Given this, no objection is raised to the proposed location of the dwelling

Conclusion

Given the Dwelling complies with the relevant development standards of the R-codes, the application is recommended for approval subject to applicable conditions.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

The required development 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 Part 10 of the Shire of Manjimup Local Planning Scheme No. 4 grant development approval to the proposed Single Dwelling at Lot 126 (10) Meerup Street, Northcliffe (TP 3/2020) in accordance with the plans shown at Attachment 9.5.2(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
Sheet 4 of 4	Site Plan	10 January 2020
Sheet 1 of 4	Floor Plan	10 January 2020
Sheet 2 of 4	Elevations	10 January 2020

b) Prior to the issue of Building Permit, a verge bond of $500 shall be paid to the Shire of Manjimup for any required repairs to verge infrastructure. Return payment will occur when the works have been completed to the satisfaction of the Shire of Manjimup.

c) Prior to the occupation of the development, a vehicle crossover between the subject land and the primary street is to be located, designed, constructed, sealed and drained to the specification and satisfaction of the Shire of Manjimup. The vehicle crossover must be constructed with a maximum width of 6 metres and located a minimum of 1 metre away from the outside of the trunk of any street tree or any from light pole/power dome.

d) All stormwater and drainage runoff is to be retained on the subject property or to be provided with stormwater drainage connections to the Shires road drainage system in the area at the developers cost to the satisfaction to the Shire of Manjimup.

e) No clearing of trees or vegetation is permitted in the road reserve adjacent to the application site without the prior approval of Shire of Manjimup.

Advice to applicant

ii) 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.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28126

Reference	Document Title	Date Received
Sheet 4 of 4	Site Plan	10 January 2020
Sheet 1 of 4	Floor Plan	10 January 2020
Sheet 2 of 4	Elevations	10 January 2020

e) No clearing of trees or vegetation is permitted in the road reserve adjacent to the application site without the prior approval of Shire of Manjimup.

Advice to applicant

ADOPTED BY EN BLOC RESOLUTION: 11/0

Councillor Lawrence declared an Impartiality Interest in this Item as his son is the Project Manager for the work. Councillor Lawrence declared that he would consider this matter on its merits and vote accordingly.

ATTACHMENT

9.5.3 Proposed Dam Across the Boundary of Lot 3 and Lot 501 Kemp Road, Eastbrook

PROPONENT	Jarrah Jacks Developments Pty Ltd
OWNER	Jarrah Jacks Developments Pty Ltd and Ketelsen Enterprises Pty Ltd
LOCATION / ADDRESS:	Lot 501 and Lot 3 Kemp Road, Eastbrook
WARD:	West
ZONE:	General Agriculture
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	DA19/190 P50516 P50292
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Jocelyn Baister
DATE OF REPORT:	22 January 2020
DECLARATION OF INTEREST:	Nil

Background:

An application for planning approval has been received proposing the construction of a significant dam across the common boundary of Lot 501 and Lot 3 Kemp Road, Eastbrook as shown on the location plan below. The properties have areas of 46 hectares and 49 hectares respectively. It should be noted that neither the application nor applicant have any relationship to the brewery business located nearby with a similar name.

LOCATION PLAN

Council is requested to determine the application given that the proposal requires approval of reduced setbacks. If approved the end of the spillway will be constructed as close as 10 metres to the Kemp Road boundary and the dam will be located over the common boundary between the two properties.

Plans and details submitted with the application indicate that when constructed, the dam will have width of 300 metres, a length of 500m, depth of 20 metres and a dam wall maximum height of 27 metres. The crest of the dam wall is proposed at 5 metres in width. The dam will have a total capacity of 500 mega litres.

The application details show a second dam to be constructed alongside Lefroy Brook, as the dam is proposed more than 20 metres within all property boundaries, the dam labelled Dam 1 on the plans is exempt from requiring approval from the Shire of Manjimup. The proposed location of the intake facility requires approval, as when it is constructed, will require excavation up to the boundary of the Lefroy Brook and will be situated only 5 metres from that boundary.

A copy of the submitted application and supporting information is shown attached.

ATTACHMENT: 9.5.3(1)

The two properties are currently owned by separate companies, Lot 3 is undergoing a land transfer into the same ownership as Lot 501. Outbuildings exist on Lot 3, which will be required to be demolished to allow for the dam excavation.

PUBLIC Consultation Undertaken:

In accordance with the requirements of Local Planning Scheme No 4 (the Scheme), the proposal was referred to the adjacent neighbours for comment. The proposal was also referred to the Department of Water and Environmental Regulation (DWER) and the Department of Biodiversity Conservation and Attractions (DBCA).

No submissions were received from the adjacent landowners. DBCA had no objections or comments to make on the proposal. Advice received from DWER and DBCA are shown attached and detailed in the comment section below.

ATTACHMENT: 9.5.3(2)

COMMENT (Includes Options):

The provisions of the Scheme include the subject land within the Priority Agriculture Zone. As outlined with Part 8.4(xviv) of the Scheme, dams that are setback further than 20 metres from the property boundaries are classified as “permitted development” and do not require the Shires prior planning approval.

As the applicant is seeking to construct the dam with a setback of less than 20 metres to the spillway and intake facility and across a boundary, prior planning approval is required. To assist Council in determining the application, the following comments are provided:

Setbacks

As prescribed by clause 5.34.2.4 of the Scheme, development within the Priority Agricultural Zone is required to be setback from boundaries as follows:

(a) Minimum front setback – 30 metres;

(b) Minimum side setback – 10 metres; and

(c) Minimum rear setback - 30 metres.

The applicant is proposing that the dam wall will be setback 20 metres from the road boundary, however the spillway to Dam 2 is proposed to end 10 metres from the road, the dam itself will be situated across the boundary and the intake facility is proposed to be within 5 metres of the boundary shared with Lefroy Brook.

Relaxation of Standards

Council may approve an application, despite the non-compliance with a standard or requirement prescribed by the Scheme in accordance with Clause 5.5.1 of the Scheme. The power conferred by this clause may only be exercised if the local government is satisfied that:

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

(ii) The Non-compliance will not have any adverse effect on the occupiers or users of the development, the inhabitants of the locality or the likely future development of the locality.

Further information regarding the requirements of clause 10.2 are addressed below.

Matters to be Considered

In considering an application for planning approval clause 10.2 of the Deemed to Apply provisions, applicable under the Planning and Development (Local Planning Scheme) Regulations 2015 requires that the local government have regard to various matters, including but not limited to:

(a) The aims and provisions of the Scheme;

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

(n) The amenity of the locality including environmental impacts, character and social impacts;

(o) The likely effect on the natural environment or water courses and any proposals to mitigate those impacts;

(q) Whether the land is unsuitable for the proposal by reason of it being, or being likely to be subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

(y) Any relevant submissions received on the application.

Comments and advice relating to these matters is provided in the balance of this agenda item.

Zone Purpose and Objectives

The purpose of the Priority Agriculture zone is to provide for the sustainable use of high quality agricultural land, particularly where water resources exist, preserving existing agricultural production and allowing for new agricultural production by securing suitable land and water resources.” In line with this purpose, clause 4.4.2 of the Scheme outlines that the objectives in guiding development within the zone. These objectives include, but are not limited to:

· Protection of the rural infrastructure and land resource;

· Support the improvement of resource and investment security for agricultural and allied industry production; and

· Support a wide variety of productive agricultural and rural activities.

The applicants indicate that the dam will be used to support horticultural activity on the property.

As the establishment of the proposed dam will support an agricultural activity on the property, the proposal is consistent with the aims and objectives for the Priority Agricultural zone.

Boundary Adjustment

Prior to lodging the application, the landowner met with Shire officers to discuss the details of the proposal. The landowner/applicant discussed alternatives to amending the lot boundary between the two properties to contain the development of the dam within one title.

The applicant has indicated that they would be agreeable to entering into a legal agreement with the Shire, with caveats on title restricting the sale of the individual parcels of land, effectively tying the properties. Although this has been offered previously to other applicants, none have been supportive of this solution.

In order to be consistent with assessments of dams proposed over boundaries, the standard condition required lots to be amalgamated or boundaries aligned has been recommended however has been modified to allow the applicant options to meet the condition.

Potential Risk

With a proposed volume of 500 mega litres, a dam wall height of 27 metres and with water depth of up to 18 metres above natural ground levels, the proposed dam is significant. It is also noted that there is a series of dams downstream and a failure of the proposed dam wall could result in a cascade effect with other downstream dams being overloaded and road infrastructure being impacted.

Detailed information submitted by the applicant indicates that the dam construction and overflow infrastructure have been designed by a suitably qualified engineer, reducing the potential risks of dam failure.

Policy Assessment

The application has been assessed against the requirements of Local Planning Policy 6.1.11 – Rural Land Use (the Policy) and is compliant with the exception of the 20 metre setback to the road boundary of the spillway system.

It is considered that the dam:

· Has an horticultural purpose; and

· The dam will have a minimal impact upon the amenity of the surrounding area.

The proposal was also assessed against the draft Local Planning Policy 6.1.22 – Dams (draft Policy). The assessment indicates that the dam would be considered moderate risk given the combination of dam capacity, height, and provision of engineering designs.

Risk Category	Score
Construction Type (Seasonal stream >20 Ha)	2
Volume (>100ML)	3
Wall Height (10m+)	3
Dam Wall Design (engineer)	0
Downstream infrastructure (Other dams)	3
Overflow infrastructure proposed (engineer)	0
TOTAL	11

Given the proposed wall height is 27 metres, it is recommended that the applicant be advised that the proposed structure be certified by an appropriately qualified engineer.

DWER Comments

DWER has provided an objection to the proposal in its current form, in particular the clearing of native vegetation without a permit application. The clearing of land on Priority Agriculture zoned land for horticultural purposes is exempt from requiring prior planning approval. It is also understood that since the application was made, a clearing permit has been applied for.

Other advice has been provided from DWER on sediment and erosion control to minimise the risk of erosion during construction works near the Lefroy Brook, which has been incorporated into the recommendation.

Conclusion

Although the applicant is proposing a significant dam, which encroaches into prescribed setbacks and will be constructed across common boundaries, sufficient documentation has been received to demonstrate that the risk of dam design failure has been reduced. The application can be supported subject to appropriate conditions.

STATUTORY ENVIRONMENT:

Planning and Development Act 2005

Policy / Strategic Implications:

Approval to the application as recommended would be consistent with the following Strategies as contained within the Shire’s Strategic Community Plan 2019-2029:

A10. Encourage all aspects of sustainable farming.

B4. Support sustainable agricultural expansion, value-adding and downstream processing, research and development, culinary and agri-tourism, land protections, and continued support for the Southern Forests Food Council.

B12. Provide development opportunities and support small businesses to thrive.

Organisational risk management:

In considering an application for planning approval, Council is required to take into account potential risks associated with the resultant development. The potential risks in this case are significant given the size of the proposed dam wall, volume of the proposed dam and its proximity to other significant dams downstream. The applicant has minimised the risk by providing detailed engineering designs for the dams.

Appropriate conditions are required to ensure that any risks are minimised further.

Financial Implications:

The required application fee has been paid in accordance with the Schedule of Fees and Charges adopted as part of the 2019/20 annual budget.

Sustainability:

Environmental: Nil.

Economic: Establishment of a dam to provide water in support of agricultural activity on the subject land will assist towards irrigation of future agricultural activity on the subject land.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council in accordance with Part 10 and Clause 5.5 of the Shire of Manjimup Local Planning Scheme No.4 grant planning approval to the proposed Dam on Lots 3 and 501 Kemp Road, Eastbrook (Application TP 2019/180) in accordance with the plans and specifications shown at Attachment: 9.5.3(1)subject to the following conditions and advice:

a) The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below:

Reference	Document Title	Date Received
OV-P-002	Proposed Dam Sites Site Plan	10 January 2020
D2-P-001	Dam #2 – Layout Plan
D2-P-002	Dam #2 – Earthworks Plan	10 January 2020
D2-S-001	Dam #2 – Section 2A (Valley)	10 January 2020
D2-S-002	Dam #2 – Section 2B (Embankment Crest)	10 January 2020
D2-S-003	Dam #2 – Spillway Section and Details	10 January 2020
IT-P-001	Intake-Layout Plan	10 January 2020
Form	Additional information for dam construction	10 January 2020

c) Prior to the commence of works associated with the dam, the applicant is to apply for an obtain approval for the subdivision/amalgamation from the Western Australian Planning Commission to ensure that the resultant dam will be wholly contained within a single title or alternatively enter into a deed of agreement facilitating caveats being placed on the Certificate of Titles prohibiting the independent land transfer of the subject properties;

d) Finalisation of the subdivision/amalgamation or deed of agreement being the subject of condition c) above is to be completed within 12 months of the practical completion of the dam;

e) Prior to the commencement of works on the dam hereby approved, the design of the dam wall and spillway is to be certified by a practicing civil/structural engineer to ensure that it will be structurally sound and will ensure that any water from overflow and/or by-pass systems is returned to the original waterway so as not to cause erosion on the adjacent land; and

f) All pumps and ancillary equipment and structures not part of this approval being setback from property boundaries in accordance with the requirements of Shire of Manjimup Local Planning Scheme No.4.

Advice to Applicant:

i) The applicant is advised that a license to take water for the proposed dam is to be obtained from the Department of Water and Environmental Regulation;

ii) It should be noted that prior to undertaking any clearing in association with the dam hereby approved, the applicant is required to obtain the necessary clearing permit from the Department of Water and Environmental Regulation, who have advised that approval is required in accordance with the Environmental Protection (Clearing of Native Vegetation) Regulations 2004; and

iii) To mitigate against the risk of sediment and erosion during construction to adjacent properties and water quality of the dam, the applicant should refer to the Department of Water and Environmental Regulation’s Water Quality Protection Note No. 53 ‘Dam construction and Operation in Rural Areas’ (September 2019) where appropriate and practical.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28127

a) The development permitted shall be carried out generally in accordance with the plans and specifications submitted as listed below:

Reference	Document Title	Date Received
OV-P-002	Proposed Dam Sites Site Plan	10 January 2020
D2-P-001	Dam #2 – Layout Plan
D2-P-002	Dam #2 – Earthworks Plan	10 January 2020
D2-S-001	Dam #2 – Section 2A (Valley)	10 January 2020
D2-S-002	Dam #2 – Section 2B (Embankment Crest)	10 January 2020
D2-S-003	Dam #2 – Spillway Section and Details	10 January 2020
IT-P-001	Intake-Layout Plan	10 January 2020
Form	Additional information for dam construction	10 January 2020

d) Finalisation of the subdivision/amalgamation or deed of agreement being the subject of condition c) above is to be completed within 12 months of the practical completion of the dam;

Advice to Applicant:

i) The applicant is advised that a license to take water for the proposed dam is to be obtained from the Department of Water and Environmental Regulation;

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.5.4 Proposed Adoption of Revised Local Planning Policies No 6.1.20 - Dams and 6.1.11 Rural Land Use

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F161518
LEGISLATION:	Planning and Development Act 2005
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 February 2020
DECLARATION OF INTEREST:	Nil

Background:

Council previously considered Draft Local Planning Policy No 6.1.20 (LPP 6.1.20) at its Ordinary Meeting held on 23^rd of January 2020. Having regard to the submissions received, Council resolved as follows:

1. Support modification of Draft Local Planning Policy as shown at Attachment: 9.5.5(1) as reflected within the Schedule of Submissions shown at Attachment: 9.5.5(2);

2. Defer consideration of Local Planning Policy No 6.1.20 – Dams to the Ordinary Meeting of Council to be held on 13 February 2020 to permit a further workshop to be held with elected members in order to give detailed consideration to those submissions relating to site inspections and the risk matrix as reflected within the Schedule of Submissions at Attachment: 9.5.5(2); and

3. Request the Chief Executive Officer to arrange the workshop referred to in point (b) prior to the closure of the Council agenda for Council’s Ordinary Meeting to be held 13 February 2020.

A copy of the policy as supported in accordance with point 1 above is appended.

APPENDIX: 9.5.4(A)

The workshop referred to in Point 2 was held with available elected members on Monday 3 February 2020. A summary of the comments and feedback provided during that workshop is shown attached and discussed in the comment section below.

ATTACHMENT: 9.5.4(1)

Council is now requested to consider adoption of the policy, which has been further revised having regard to the comments and feedback provided during the latest workshop. A copy of the updated policy is shown attached.

ATTACHMENT: 9.5.4(2)

Currently Local Planning Policy provisions relating to Dams are contained within Local Planning Policy 6.1.11 – Rural Land Uses (LPP – 6.1.11). Should Council resolved to adopt LPP 6.1.20, it will be necessary for the existing provisions of LPP No 6.1.11 will need to be modified to remove reference to Dams.

Draft LPP No 6.1.11, with references to Dams removed, was previously advertised for public comment before being considered by Council at its Ordinary Meeting held on 14 November 2019. Whilst no submissions were received in response to advertising of LPP 6.1.11 and modification of the Policy was proposed, the revised policy was not adopted at the time due to the need for LPP 6.1.20 to be modified and readvertised for public comment.

A copy of Draft LPP 6.1.11 as advertised is shown as Appendix: 9.5.4(B).

APPENDIX: 9.5.4(B)

Council is also requested to consider now adopting and implementing Draft LPP No 6.1.11.

PUBLIC Consultation Undertaken:

Draft LPP No 6.1.20 – Dams and 6.1.11 – Rural Land Use were advertised for public comment over a period of 21 days, prior to being considered by Council at its Ordinary Meeting held on 14 November 2019.

Subsequently LPP 6.1.20 – Dams was re-advertised for a further 21 day period after being substantially refined/modified following a workshop and consultation with elected members.

COMMENT (Includes Options):

Local Planning Policies (LPP) are guidelines 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 of the Scheme. Once adopted by Council the Policies are used to guide both applicants and the local government through the decision making process.

Currently LPP provisions relating to Dams are contained within LPP 6.1.11 – Rural Land Use. A stand-alone Local Planning Policy relating to Dams within the Shire is recommended so as to ensure a consistent standard of application and standardisation of the planning approval process, having regard to those matters required to be considered (as outlined above), including the potential for risk.

Matters to be Considered

In determining applications for planning approval, clause 10.2 of LPS No 4 outlines that the local government must have regard to various matters, including but not limited to:

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

(vi) The local 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;

(xiii) the likely effect of the proposal on the natural environment and any means that are proposed to protect or to mitigate impacts on the natural environment;

(xiv) whether the land to which the application relates is unsuitable for the proposal by reason of it being, or being likely to be, subject to flooding, tidal inundation, subsidence, landslip, bush fire or any other risk;

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

(xxiv) whether the proposal is likely to cause soil erosion or land degradation;

(xxvi) any relevant submissions received on the application;

(xxvii) the comments or submissions received from any authority consulted under Clause 10.1.

The Role of the Department of Water and Environmental Regulation (DWER)

In accordance with the Rights in Water and Irrigation Act 1914, DWER is the primary agency for assessing applications to use and control water at any time in relation to a watercourse, wetland or underground watercourse.

Rights in Water and Irrigation Act 1914

Clause 3(1) of the Act defines a watercourse as follows:

(a) any river, creek, stream or brook in which water flows:

(b) any collection of water (including a reservoir) into, through or out of which anything coming within paragraph (a) flows;

(c) any place where water flows that is prescribed by local by-laws to be a watercourse,

any includes the bed and backs of any thin referred to in paragraph (a), (b) or (c).

Clause 3(2) of the Act qualifies that clause 3(1) includes any watercourse where flows are intermittent or occasional, or where a natural collection of water has been artificially improved or altered.

Rights in Water and Irrigation Regulations 2000

Clause 7 (3) of the Rights in Water and Irrigation Regulations 2000 states that in determining an application for a Dam, the Minister is not to have regard to the “safety of:-

(a) the design; or

(b) method of construction, or operation of the works, or action, that would be authorised by the permit.

On this basis, DWER has no responsibility in assessing the structural integrity of dam construction or the associated spillway construction or maintenance.

Draft Provisions of LPP No 6.1.20 (Dams)

Having regard to the fact that DWER has no responsibility in assessing the structural integrity of a Dam, the draft policy as presented to Council in April 2019 contained recommendations as to how low risk, medium risk and high risk dams could be identified based on their size and size of wall.

Following a workshop with Elected Members a more complex risk matrix was developed and presented to Council at the Informal Briefing session held prior to the 24 October 2019 meeting. The matrix was further refined having regard to the comments expressed during the informal meeting.

The major changes to the current policy as presented to Council at its 23 January 2020 meeting are summarised as follows:

· Introduction of a Risk Matrix, rating the potential risks associated with the construction type, volume, height of wall, design of the wall (by Engineer or others), the type of infrastructure located downstream and the design of dam by-passes and overflows (by Engineers or others);

· Classification of Low, Medium and High Risk Dams using assessment against the matrix;

· Introduction of a requirement for advice notes recommending Engineering designs for Medium Risk Dams; and

· Introduction of a requirement for conditions to be imposed on high risk dams requiring both walls and by-pass/overflow systems to be designed by a suitably qualified engineer.

Additional Workshop Findings

Pursuant to Council’s 23 January 2020 resolution, an additional workshop was held with elected members on 3 February 2020. The purpose of which was for elected members to give detailed consideration to submissions relating to site inspections and matters raised in respect of the risk matrix within the Schedule of Submissions attached to the January agenda item. To ensure a thorough examination of all issues, the workshop discussed all those comments that were not supported by Shire Officers.

The workshop was attended by seven elected members.

By way of summary, elected members present at the meeting agreed that the Policy required further modification to:

a) Combine the dam definitions relating to Off-Stream and Catchment Dams within the Policy and adjust the risk matrix accordingly;

b) Remove reference to dam by-pass systems as the requirement for such systems is at the discretion of DWER;

c) Deletion of clause 2.4 which was stated that catchment dams were preferred on the basis that it was not the place of Local Government to advise on the most appropriate form of dam;

d) Remove reference to the design considerations and assessment clauses relating to hydrology and environmental water flow needs, given that these matters are considerations for DWER; and

e) Include an additional clause 7.6 providing relating that an advice will be included on all approvals that any required DWER approvals must be obtained prior to the commencement of construction.

Full details of the workshop discussions and the associated recommendations are shown at Attachment: 9.5.4(2). Shire Officers raise no objection to modification of the Draft Policy as recommended by the workshop attendees.

During the meeting it was also agreed that it would be beneficial for various matters to be reflected within a comprehensive information sheet. The preparation of a detailed information sheet will be undertaken as an administrative exercise following adoption of revised Local Planning Policy No 6.1.20.

STATUTORY ENVIRONMENT:

Local Planning Policies prepared in accordance with Part 2.2 of LPS No 4 are required to be advertised for public comment over a period of not less than 14 days. In this case the policy as considered by Council at its Ordinary Meeting held on 23 January 2020 was advertised for a period of 21 days.

A previous draft of the Policy was also advertised for public comment.

Should Council wish to make substantial changes to the policy as now presented, Shire Officers advise that readvertising of the policy may be required.

Policy / Strategic Implications:

The provisions of Local Planning Scheme No 4 require that where a development approval is required, Council must have regard to the risks associated with the construction.

The new draft policy relating to Dams (LPP 6.1.20) ensures that the level of information provided by an applicant will be sufficient to ensure that the potential risks (i.e. dam burst and environmental impacts) may be adequately assessed by Council.

Organisational risk management:

Adoption of a new draft Local Planning Policy relating to dams should ensure that the matters to be considered in accordance with clause 10.2 of the Scheme are highlighted to both applicants and Shire Officers alike.

Financial Implications:

A failure to address risk associated with the construction of dams requiring the prior Development Approval of the local government could put the organisation at risk of litigation in the event of an approved dam failing.

Sustainability:

Environmental: In determining applications for Development Approval, clause 10.2 of LPS No 4 requires that the local government have regard to various matters including land suitability, risk and environmental impacts. Given this, whilst the environmental impacts associated with dams through the interference with beds and banks of water bodies and/or the clearing of vegetation is assessed by the Department of Water, Environment and Regulation, both Shire Officers and elected members must have regard to these matters or be in contravention of the Scheme requirements.

Economic: Dams and the source of water they provide for irrigation underpin the viability of agricultural activities within the Shire. Conversely, dam failures have potential to detrimentally impact on agriculture production.

Social: Dam failures also have potential to have social impacts particular in circumstances where farm failures impact on life, property or employment.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No 4 and having regard to the submissions received and additional feedback provided by the Elected Member workshop on Dams held on 3 February 2020, adopt Draft Local Planning Policy 6.1.20 as shown at Attachment: 9.5.4(2);

2. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No 4 adopt Draft Local Planning Policy 6.1.20 as shown at Appendix: 9.5.4(B);

3. Authorises the Chief Executive Officer to advertise adoption of the policies as detailed in points 1 and 2 above, in accordance with clause 2.4.3 of the Shire of Manjimup Local Planning Scheme No 4; and

4. Notes that Shire Officers will prepare a revised Information Sheet to provide detailed advice regarding the requirements of Local Planning Scheme No 4 and Local Planning Policy 6.1.20 relating to Dams.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28128

That Council:

2. In accordance with Part 2 of the Shire of Manjimup Local Planning Scheme No 4 adopt Draft Local Planning Policy 6.1.20 as shown at Appendix: 9.5.4(B);

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.9.1 Proposed Review of Policy 3.9.1 Community and Workplace Healthy Catering

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	Whole of Shire
ZONE:	All
DIRECTORATE:	Community Services
FILE REFERENCE:	F161014
LEGISLATION:	Nil
AUTHOR:	Evy Apeldoorn
DATE OF REPORT:	24 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council policies require regular review to ensure they remain relevant and appropriate. Reviews generally occur after a period of four years, or where amendments are required to reflect legislative and/or administrative changes.

Council Policy 3.1.9 Community and Workplace Healthy Catering was developed and endorsed in December 2013, and is due for review. A copy of Council’s current Policy is appended.

APPENDIX: 9.9.1(A)

The policy has been reviewed and amended to provide greater clarity as outlined in the Comments section. The amended policy is attached.

ATTACHMENT: 9.9.1(1)

The purpose of this report is to seek Council’s endorsement of the amended Policy 3.1.9 Community and Workplace Healthy Catering (the Policy).

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The Policy was developed as a new policy in 2013 as part of the project outcomes of the Warren Blackwood Wellbeing Project. Since its adoption, the Policy has been guiding Shire officers in providing healthy options for community and workplace catering. Although the 2013 Policy was regarded by some officers as too lengthy and confusing (in particular the ‘Traffic Light Categorisation’ for choosing healthy foods and drinks), the intent to provide healthy options at community and workplace catering has since been widely accepted and supported by the Shire of Manjimup organisation. Furthermore the existence of this Policy has greatly assisted to encourage community event organisers (e.g. for youth events) to provide healthy options during their events.

The Policy has been reviewed in terms of format, clarity and the desired outcomes. The following changes have been made:

1. Reduction of the background information and references to key documents;

2. Simplification of the guidelines and the ‘Traffic Light Categorisation’;

3. Clarification through categorising the areas of application into three distinct areas (i.e. internal catering, external catering, and community events); and

4. Inclusion of catering for food allergies and dietary requests where possible.

STATUTORY ENVIRONMENT:

Nil.

Policy / Strategic Implications:

The Policy contributes to Community Goal 3.2 “The health and wellbeing of people of all ages and circumstances is supported within their own community” in the Shire of Manjimup Strategic Community Plan 2019-2029: through the following strategies:

· C9. Ensure all community members have access to quality fresh produce regardless of their circumstances;

· C17. Undertake a broad range of safe behaviour and risk awareness campaigns; and

· C20. Support public events to ensure they are successful and safe.

Organisational risk management:

The intent of this Policy is for the Shire to contribute to the reduction of health risks to its officers, elected members and the wider community, by serving healthy food and drinks options at functions and events and promoting positive health and nutrition messages.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nutrition plays a major role in people’s overall health and wellbeing.

Social: Provision of healthy food and drink options will provide health benefits to the community.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt amended Policy 3.1.9 Community and Workplace Healthy Catering as per Attachment: 9.9.1(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28130

That Council adopt amended Policy 3.1.9 Community and Workplace Healthy Catering as per Attachment: 9.9.1(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

APPENDIX

9.12.2 Proposed Review of Road Hierarchy Policy 9.1.14.

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170082
LEGISLATION:	Local Government Act 1995
AUTHOR:	Debbie Whittle/Catherine Mills
DATE OF REPORT:	22 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Council policies are regularly reviewed to ensure consistency between the policy and the Council decision making and to respond to community feedback. Generally, this occurs after a period of four years, or as requested by Council. The purpose of this report is to present to Council the reviewed policy.

The current Council Policy 9.1.14 Road Hierarchy is appended.

APPENDIX: 9.12.2(A)

The Policy 9.1.14 Road Hierarchy, reviewed in January 2020, is attached.

ATTACHMENT: 9.12.2(1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Policy 9.1.14 Road Hierarchy provides guidance to staff in preparation of annual budgets and allocating resources to road maintenance. It also serves to define minimum standards for construction that balance the cost of ownership and construction against community expectations.

The Road Hierarchy Policy is aimed at specifically providing the following information:

· A guide to staff in preparing annual budgets and allocating resources to road maintenance;

· To define minimum standards for construction that balance the cost of ownership and construction against community expectations; and

· Levels of service.

As recommended in Councils June 2018 meeting, this proposed policy was presented to the newly formed Road Infrastructure Advisory Committee and associated Officers for comment. Changes to the policy have been proposed and can be broken into two categories, Major and Minor. These proposed changes have been outlined in bullet point form.

Major:

· District Distributor Roads – increase in pavement width from 8 to 9m. Seal width increase from 6m to 7m. Addition of edge line marking both sides. Verge spraying reduction from twice to once per year. Removal of wording in italics around vegetation removal “as per priority listing (and grant opportunities);

· Addition of Right of Ways (ROW), Laneways (sealed & unsealed), Unallocated Crown Land (UCL) & Vacant Crown Land (VCL), Un-named Tracks, and ‘other’ to the road hierarchy classifications and road hierarchy priority for construction and maintenance;

· Main Street Roads – remove reference to patching truck as town sites should be asphalt. Maintenance Levels of Service remove reference to two coat chip seal;

· Sealed Urban Distributor – Remove reference to 2 coat chip seal as Industrial/Town Roads should be asphalt for increased durability and noise reduction;

· Vegetation – remove reference to Policy 10.2.3 – does not exist. Add ‘as per best practice’;

· Sealed Urban Local Roads – increase seal width from 5.5m to 6m to allow two cars to pass comfortably;

· Change Grays Road from Local Rural Rd to Local Distributor Rd due to increase in commodity;

· Sealed Rural Local Roads – Increase in pavement width to 8m and increase seal width from 4m to 6m. Increase to keep up with industry standards to enable safe passing of two vehicles;

· Re-Sheeting (Gravel Roads) – change wording from “to be determined by staff” to “To be determined by Shire’s Road Asset Maintenance Management System (RAMM) based on a minimum whole of life coast approach, within budget constraints”; and

· Verge Spraying – all roads changed to less than once per year with the exception of District Distributor Roads. To ensure environmental & sustainable practices.

Minor:

· Additional information on km of road shire currently manages.

· Reference to RAMM/Level of Service;

· Drainage design change in design from 1 in 5 to 1 in 10 due to changing climate;

· Maintenance of ‘unnamed’ tracks to properties. And/or through Department of Biodiversity Conservation and Attractions land;

· Regards Levels of Service, removal of wording this priority shall be used to allocate resources and react to complaints;

· Footpaths: add reference to Manjimup Bicycle and Footpath plan;

· Kerb Maintenance: change repair from within 3 months to within 6 months;

· Addition of Unsealed Road design advice As per “Australian Road Research Board Unsealed Roads Manual – Guide to Best Practice”; and

· Addition of Speed Zoning to point 4.

STATUTORY ENVIRONMENT:

Nil.

Policy / Strategic Implications:

This Policy will provide clear direction to Shire officers for budgeting and allocation of resources to road maintenance.

Organisational risk management:

Nil.

Financial Implications:

Some policies have a financial implication. As they stand, the implication of the policies are reflected within the current budget. If Council elected to make a dramatic variation to a policy that has a financial implication, it would also be necessary to determine the reallocation of funds (whether to increase or decrease a service).

Sustainability:

Environmental: Nil.

Economic: Policies provide guidance to the general public on various matters that may affect a decision about economic activity. A policy is a robust method of communicating Council’s position on these matters.

Social: Policies allow for equity of resource allocation and provide a measure to ensure fair response is given to all stakeholders. Policy can be used to achieve specific social outcomes

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council adopt reviewed Policy 9.1.14 Road Hierarchy, as attached 9.12.2(1).

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28132

That Council adopt reviewed Policy 9.1.14 Road Hierarchy, as attached 9.12.2(1).

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.12.3 Consideration of Request to Support Various Shire Roads being on the Restricted Access Vehicle Network 7

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Industrial Area
WARD:	Central
ZONE:	Industrial
DIRECTORATE:	Works & Services
FILE REFERENCE:	F160373
LEGISLATION:	Local Government Act 1995; Road Traffic Vehicles Act 2002; Road Traffic (Vehicle) Regulations 2014
AUTHOR:	Catherine Mills
DATE OF REPORT:	28 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Main Roads Western Australia (MRWA) Heavy Vehicles Services (HVS) is currently assessing the South Western Highway for Restricted Access Vehicles (RAV) Network 7, from Bunbury to Manjimup.

Currently the South Western Highway between Bunbury and Manjimup is a RAV Network 4 without conditions meaning, a prime mover or semi-trailer towing a 6 axle dog trailer with a loading of up to 87.5 tonnes is already permitted to use this road.

The purpose of this report is for Council to determine their level of support for Sections of the Shire’s road network onto the RAV Network 7. The MRWA provided “RAV Benefits” document can be viewed in the attachment.

ATTACHMENT: 9.12.3(1)

Council is requested to determine this matter given the condition of the Shire’s road network alongside industry and general public expectation.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

A vehicle is classed as a Restricted Access Vehicle (RAV) if that vehicle alone or together with any load, exceeds one or more of the following limits:

Ø mass limit prescribed in Part 3 of the Road Traffic (Vehicle) Regulations 2014; or

Ø one of the following dimension limits:

· a width of 2.5m

· a height of 4.3m

· a length of 12.5m in the case of a motor vehicle that is not part of a combination; or

· a length of 19m in the case of a combination;

· any other dimension specified in the Road Traffic (Vehicle) Regulations 2014

Typically, RAV 2, 3 and 4 vehicles consist of a prime mover with a semi-trailer plus additional pig or dog trailer. RAV 2 vehicles will have 3, 4 or 5 axle groups and do not exceed 27.5metres in overall length. RAV 3 and RAV 4 vehicles will have 5 axle groups and do not exceed 27.5metres in overall length. The RAV 4 vehicles have the same configuration as RAV 2/3 vehicles, however they have an extra axle allowing for the increase in weight from 84 tonne to 87.5 tonne.

Below is a graphic display of RAV 2,3 and 4 vehicles.

The RAV 7 vehicles consist of a prime mover, towing semi-trailer and B-double with a weight increase from 87.5 tonne to 107.5 tonne and a length between 27.5m and 36.5m.

Graphic display of RAV 7 vehicles.

Further details of vehicle categories and prime mover/trailer combinations are attached.

ATTACHMENT: 9.12.3(2)

Permits are required to operate certain types of RAVs in WA and are an instrument issued by the Commissioner of MRWA to grant access to these vehicles to certain parts of the road network under specific operating conditions. All RAVs require a permit, unless they are authorised under a class of notice issued by either the Commissioner of Main Roads or the Director General of Transport.

This request is for roads specifically within the Manjimup Industrial Area. A list of these roads is shown below.

Road Name	From Location (SLK)	To Location (SLK)
Wetherell St	0.00 (South Western Hwy)	1.57 (1.57km southeast Wetherell St)
Franklin St	0.00 (Muir Hwy)	2.01 (South Western Hwy)
Crouch St	0.00 (Franklin St)	0.34 (Gandy St)
Arkley St	0.00 (Wetherell St)	0.15 (0.15km northeast Arkley St)
Gandy St	0.00 (Franklin St)	0.41 (Crouch St)
Margerison St	0.00 (Franklin St)	0.76 (Wetherell St)
Marri Rd	0.00 (Wetherell St)	0.18 (0.17km southwest Rees St)
Rees St	0.00 (Wetherell St)	0.17 (Margerison St)

To assist Council in making a decision, the following comments are offered:

· This will not increase the amount of RAV’s on our network, but is likely to decrease the number of RAV movements due to greater quantities of material being moved at any one time, i.e a lesser number of heavy vehicles on the road over time;

· More economical for suppliers and Heavy Haulage companies locally; and

· RAV Network 7 vehicle access will reduce the need for heavy vehicle disaggregation near or within townsites.

In order to improve industry efficiency, reduce the number of vehicles on the road at any one time and improve the working life of the sealed and unsealed road network, Shire Officers recommend that Council approve upgrade to the Shires RAV Network. However, should Council not approve adding the roads to the RAV 7 Network, they may be considered for a Restricted Local Access Permit (RLAP). This permit is for individual access to a road with specific combinations and with suitable conditions to mitigate relevant risks. The RLAP is not intended to replace RAV Network access. However, where the proposed transport task is temporary and/or the RAV access application is for ‘first / last mile’ access only, or there is other justification that does not create inequity or a commercial advantage, the road manager may request that the application be assessed for an RLAP rather than for RAV Network access.

Regardless of Council’s decision, the Shire will increase its lobbying of Main Roads WA and the Regional Road Group to construct a suitable number of vehicle overtaking lanes along the South Western Highway. This is in response to conditions faced by drivers of all vehicles when having to share the South Western Highway with such large and heavy vehicles, like the RAV 7 prime mover and trailer combination.

STATUTORY ENVIRONMENT:

Local Government Act 1995, Road Traffic Vehicles Act 2002, Road Traffic (Vehicle) Regulations 2014, MRWA Traffic Management for Works on Roads – Code of Practice February 2017.

Policy / Strategic Implications:

Works and Services Policy – Technical Services – 9.1.1 Road Use Approval for Permit Type Loads, Main Roads WA Road Managers Guide RAV Access Approval Guide 2019.

Organisational risk management:

There is a low risk of any consequence to the organisation by implementing the change.

Financial Implications:

Cost impact of additional mass freight tasks on road condition have potential to be significant if the number of heavy haulage vehicles increase. However, using a RAV Network 7 is expected reduce the overall number of vehicles travelling on Shire roads. As such these impacts on the Shires road network can be considered cost neutral.

Sustainability:

Environmental: Nil.

Economic: Greater savings for the majority of Heavy Haulage companies due to the reduced number of trips required.

Social: Though the community may feel impacted by larger vehicles on the road, at any one time there is expected to be a decrease in the overall number of heavy vehicles on Shire roads.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council request Main Roads Western Australia Heavy Vehicles Services to upgrade the following roads in the town of Manjimup from RAV 3 and 4 to RAV 7:

· Wetherell Street;

· Franklin Street;

· Crouch Street;

· Arkley Street;

· Gandy Street;

· Margerison Street;

· Marri Road; and

· Rees Street.

COUNCIL RESOLUTION:

Eiby, W Seconded: Lawrence, K

28133

That Council request Main Roads Western Australia Heavy Vehicles Services to upgrade the following roads in the town of Manjimup from RAV 3 and 4 to RAV 7:

· Wetherell Street;

· Franklin Street;

· Crouch Street;

· Arkley Street;

· Gandy Street;

· Margerison Street;

· Marri Road; and

· Rees Street.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.13.1 Consideration of Tender RFT 04/19 Supply of Gravel Walpole and Surrounds

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Walpole
WARD:	South
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170490
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	30 January 2020
DECLARATION OF INTEREST:	Nil

Background:

In order to secure a suitable quality and quantity of gravel for road construction and unsealed road renewal works for the Shire’s 2019/20 to 2022/23 Capital Works Programs in the Walpole area, the Shire has advertised a Tender for the supply of gravel for Walpole and surrounding areas. The Request for Tender (RFT) is seeking to appoint one or more preferred suppliers for a two plus two year period

The purpose of this report is to present the results of the assessment of the RFT 04/19 Supply of Gravel Walpole and Surrounds for Council’s consideration.

PUBLIC Consultation Undertaken:

Public advertising of the RFT was in the form of a various media advertisements, with the request for tender process closing 31 January 2020. Advertisements appeared in:

· West Australian Newspaper on 8 January 2019;

· Manjimup Bridgetown Times on 8 and 22 January 2019;

· Walpole Weekly 9, 16 and 23 January 2019; and

· advertising on the Shire of Manjimup website throughout the advertising period.

COMMENT (Includes Options):

During the next four years, the Shire has planned, as part of its Forward Capital Works, to use some 25,000 tonne of Main Roads WA specification type gravel for road construction and gravel resheeting in the Walpole area. In order to secure this quantity and quality of road construction material for the best price, a RFT is the most appropriate and binding mechanism to use.

A total of seven (7) documents were drawn during the Tender phase. At the Tender close, only one (1) Tender was received.

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

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

ATTACHMENT: 9.13.1(1)

	Weighted Score for Type 1
	(a) 20% Material Suitability	(b) 20% Extraction Permit	(c) Material Availability 10%	(c) 50% Price	Total Score	Ranking
Bow Bridge Earthworks	3	3	3	2	50	1

The matrix referenced the terms and assessment criteria of the RFT document. In particular, the criteria for a current permit for gravel extraction and the Tenderer’s ability to deliver suitable material identified as Type 1 material for use on road reconstruction material and/or gravel road re-sheeting. The assessment also scored the Tenderers ‘Material Availability’ which considered suitable access to the gravel source for Shire vehicles and the source is located that best suits the Shires needs. The specifications were appended to the RFT 04/19.

The Tender received was generally compliant though some of the required information regarding Occupational Safety and Health policies and procedures was omitted due to the Tenderers understanding that as a sole trader the conditions weren’t relevant. Also of concern is the location of the material only being suitable for as-of-right vehicles, ie semi-trailers, which means no road trains or B-doubles can access the site thus increasing cartage time and costs.

The Tender received has a tendered price of $18 per tonne. This exceeds the Shires recent purchase of gravel in 2018/19 and 2019/20 for Walpole, Windy Harbour and Northcliffe road construction projects by up to 27%.

The Shire’s reasoning for calling RFT Supply Gravel Walpole and Surrounds was to secure suitable quantities of MRWA specification type gravel at the best price to be used on the Shires road construction projects for the next four years. In this instance, calling the Tender has not proved productive and it is recommended that Council does not award the Tender. In order to obtain gravel for the 2019/20 Walpole road construction program, the Shire will seek quotes on the open market.

To secure long term supplies of appropriate quality and quantity gravel at the best value, the Shire’s proposed strategy to investigate and research suitable road construction materials will be in detailed in a separate report within this agenda.

STATUTORY ENVIRONMENT:

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

Policy / Strategic Implications:

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

Organisational risk management:

There is a high likelihood of major consequence to the Shire if the quality and rate for gravel supply is secured for the next four years at the Tendered price.

Financial Implications:

Nil, as purchase of material will be in accordance with Council approved 2019/20 Budget.

Sustainability:

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

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

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council not award Tender RFT 04/19 Supply of Gravel Walpole and Surrounds on the basis it is not considered value for money.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Lawrence, K

28134

That Council not award Tender RFT 04/19 Supply of Gravel Walpole and Surrounds on the basis it is not considered value for money.

ADOPTED BY EN BLOC RESOLUTION: 11/0

ATTACHMENT

9.1.1 Minutes of the 2019 Annual Electors Meeting held 22 January 2020

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161546
LEGISLATION:	Local Government Act 1995, Sections 5.27, 5.29 and 5.33. Local Government (Administration) Regulations 1996.
AUTHOR:	Jason Giadresco
DATE OF REPORT:	24 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The 2019 Annual Electors Meeting was held in the Shire of Manjimup Council Chambers on Wednesday 22 January 2020. Attendee’s to the meeting are listed below:

Electors	Councillors and Employees
Donelle Buegge	Cr Paul Omodei (Shire President)
David Giblett	Cr Jayde Darin (Deputy Shire President)
Nancy Giblett	Cr Susan Dawson-Vidovich
Alan Lloyd	Cr Kim Skoss
Mary Nixon	Andrew Campbell (CEO)
Ian Armstrong	Jason Giadresco (SGO)
Sharon Rooney
Jamie Flett	Apologies
	Cr Denise Jenkins
	Cr David Tapley

Attached are the minutes of the Annual Electors Meeting held 22 January 2020. The minutes have been made publically available on the Shire’s website.

ATTACHMENT: 9.1.1(1)

PUBLIC Consultation Undertaken:

Notice of the Annual Electors Meeting was advertised for the minimum statutory requirement of 14 days in the Manjimup Bridgetown Times and it was also placed on the Shire website and public notice boards.

COMMENT (Includes Options):

There were no formal resolutions passed at the Annual Electors Meeting requiring formal consideration by the Council.

However, two electors (Mary Nixon and Alan Lloyd) did propose a motion at the meeting for Council’s consideration:

“That the Shire consider targeting rates for the 2020/2021 financial year aligned to the Perth Consumer Price Index.”

The ability to make motions at an Annual Electors Meeting is not explicitly clear within the provisions of Local Government Act 1995. In the interests of appropriate governance and transparency of Council business, it is recommended that Council receive and consider this motion as part of its Annual Budget process for financial year 2020/2021.

STATUTORY ENVIRONMENT:

Sections 5.27, 5.29 and 5.33 of the Local Government Act 1995 require an Annual Electors Meeting to be held for each financial year and for decisions made at such meeting to be considered by the Council.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Rating of land is a topical and often adversarial issue for local governments. It is recommended that Council consider the elector’s motion as part of its preparation of the 2020/2021 annual budget, given the ambiguity in the Regulations and Local Government Act 1995 as to whether the motion can be made in an Annual Electors Meeting. Failure to consider the content of the elector’s motion may be perceived as poor governance practice by electors within the Shire and a risk to Council’s credibility.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Receive the minutes of the 2019 Annual Electors Meeting held 22 January 2020 as shown at Attachment: 9.1.1(1) and note the matters raised at the meeting;

2. Receive the motion presented by Alan Lloyd and Mary Nixon;

“That the Shire consider targeting rates for the 2020/2021 financial year aligned to the Perth Consumer Price Index;” and

3. Consider point 2. above during the Shire of Manjimup Annual Budget process for the financial year 2020/2021.

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Dawson Vidovich, S

28135

That Council:

1. Receive the minutes of the 2019 Annual Electors Meeting held 22 January 2020 as shown at Attachment: 9.1.1(1) and note the matters raised at the meeting;

2. Receive the motion presented by Alan Lloyd and Mary Nixon;

“That the Shire consider targeting rates for the 2020/2021 financial year aligned to the Perth Consumer Price Index;” and

3. Consider point 2. above during the Shire of Manjimup Annual Budget process for the financial year 2020/2021.

CARRIED: 11/0

ATTACHMENT

9.1.4 Request to Fund Manjimup Retail Workshops

PROPONENT	Mrs Mary Nixon (auspice by the Manjimup Chamber of Commerce)
OWNER	Mrs Mary Nixon (auspice by the Manjimup Chamber of Commerce)
LOCATION / ADDRESS:	Manjimup Central Business District
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Office of CEO
FILE REFERENCE:	F161546
LEGISLATION:	Local Government Act 1995
AUTHOR:	Andrew Campbell
DATE OF REPORT:	29 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Correspondence has been received by the Shire of Manjimup from Mrs Mary Nixon with a request for $3,290 (inc. GST) to fund two marketing workshops called “PowerUP Manjimup Retail” for independent retailers in the Manjimup Central Business District (CBD).

The proposal is to use marketing consultant Mr John Stanley to deliver two workshops designed to strategise, energise and educate 60 or more independent retailers in the Manjimup CBD. The request for funding with further detail is provided in the attachment.

ATTACHMENT: 9.1.4(1)

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

Whilst the initiative outlined by the proponent is commendable there is a degree of concern that a free event such as proposed may not get the support of Manjimup CBD retailers. It is also questionable as to whether the Shire of Manjimup ratepayers should be subsidising workshops for selective independent retail participants only from the Manjimup CBD that could result in potential commercial gain.

As a compromise to the above concern and given the proponent has indicated that there would be sixty participants or more at each workshop, it is considered not unreasonable that those participants should make one small financial contribution to the two workshops. If there were sixty attendees paying an attendance fee of $25 per head for the program, it would ensure that 50% of the funding would be provided and guarantee the buy in of the Manjimup CBD retailers.

On this basis it is recommended that Council agree to fund up to 50% of program to a maximum amount of $1,500 (ex GST).

Additionally there appears to also be a request for support from the Shire of Manjimup for access to facilities to “set up an (sic) collect pre workshop survey data of customers and retailers”. This request is unclear as to the Shire of Manjimup’s requested responsibility and will be dealt with administratively by the Chief Executive Officer as appropriate.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

It is not usually the role of Local Government to make direct funding contributions to individuals or groups to assist with consultancy with outcomes potentially leading to commercial gain. Given that there is many more retailers outside of the Manjimup CBD within the Shire of Manjimup district, it may be considered by some that this proposal is unfair or inequitable and could lead to future precedence with additional demands for funds from the Shire of Manjimup for similar purposes.

The use of the word “Power Up” is currently registered as part of a business trading name by the Shire of Manjimup for the Power Up Electricity Museum. In addition to this the Shire of Manjimup is currently trademarking the name “Power Up” to ensure misuse or alternate use of the name does not occur. In this circumstance and as a one off undertaking, there is no objection to the use of “PowerUP Manjimup Retail” for this program.

Organisational risk management:

The contribution request is small but significant. The Shire of Manjimup may be subject to criticism for one off programs that benefit selective commercial operators.

Financial Implications:

If Council was to fund the proposal, the likely source of funding would be from the operational Economic Development account. With pre-commitments for the finalisation of the Revitalisation of Manjimup’s Town Centre Project in addition to other business case initiatives being considered, funding for the purpose of the proposal would put significant pressure on this account and may result in the scaling back of other initiatives.

Requests such as in this proposal for funds outside of the normal budgeting processes are not desirable as budgets are already set and are being implemented. The proposal would have been best served through the community grants process during the setting of the Annual Budget.

Sustainability:

Environmental: Nil.

Economic: The program is designed to strategise, energise and educate 60 or more independent retailers in the Manjimup CBD.

Social: An objective of the Revitalisation of Manjimup’s Town Centre Project is to create a vibrant, liveable and prosperous community. Strong Manjimup CBD retail promotes this objective.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council contribute up to a 50% contribution to a maximum of $1,500 (ex GST) from account WO.11.1071 Economic Development for the “PowerUP Manjimup Retail” program in arrears on the production of receipts or other evidence from the Manjimup Chamber of Commerce who will auspice the program.

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Taylor, R

28136

CARRIED: 11/0

ATTACHMENT

9.3.4 Proposed Budget Review Adjustments - December 2019

PROPONENT	Shire of Manjimup
OWNER	Whole Shire
LOCATION / ADDRESS:	Whole Shire
WARD:	Whole Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160191
LEGISLATION:	Section 6.8 Local Government Act 1995
AUTHOR:	Greg Lockwood
DATE OF REPORT:	30/01/2020
DECLARATION OF INTEREST:	Nil

Background:

Following a review of the monthly accounts to 31 December 2019 a budget adjustment sheet has been prepared to reflect variations to expenditure and revenue compared to that contemplated in the Adopted 2019/2020 Annual Budget.

ATTACHMENT: 9.3.4 (1)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The December 2019 Monthly Financial Statement Report has been completed and is the subject of a separate agenda item providing a full explanation of “actual” compared to “budget” for the three months of operation to 31 December 2019.

Adjustments required to the 2019/2020 adopted budget, already approved by Council by way of specific agenda items, are:

o Walpole Recreation Centre Floor Reseal, $2,850 – Funding to be expended from reserve to refurbish the playing surface at Walpole Recreation Centre; and

o 3 Tier Youth Mental Health Program, $20,000 – Allocation of emergency funding for the program to continue to 30 June 2020 until further funding support can be achieved.

Proposed other adjustments not yet considered by Council are:

o Carry Forward Surplus $35,787 – Proposed to set aside 2018/19 surplus to offset income that will not be received from interest on Municipal funds. Generating interest income has been difficult due to very low interest rates and a lack of cash flow due to grant monies being paid when a project is completed rather than at the beginning;

o Manjimup Home and Community Care (MHCC), Operational Grant $65,619 – Budget adjustment to match the confirmed funding for the MHCC 2019/20 program;

o Department of Communities Grant $11,410 – recognise successful grant application for an Aged-friendly and Dementia-friendly Communities project “Repair Café”;

o Heritage Park, Minor Capital $1,700 – Transfer funds from Grounds Maintenance account to purchase a Lawn Mower to be housed at the Heritage Park. This will create increased efficiencies reducing downtime as the Caretaker currently is required to book and pick up the mower from the depot;

o Healthways Grant, $2,500 – Recognise successful grant application for funding to assist in the Heritage Park “Open Day”;

o Town Centre Revitalisation Stage 2 (TCR 2) Linear Park, $15,148 – Recognition of funds held in trust set aside from the rail reserve as part of the original Manjin Park development to be utilised on improved pathways around Giblett Street;

o TCR 2 Brockman Street, $187,161 – as per discussion during TCR 2 presentation funding redirected to renew and upgrade portion of Brockman Street from Rose Street to Bath Street;

o Northcliffe Mainstreet Upgrade, $15,500 – transfer funds from Building Maintenance to support the renewal works at the Northcliffe Public Toilets;

o Safer Communities CCTV Grant $30,000 - as part of the 2018/19 Carry Forward process the budget for funding was understated by $30,000;

o 100kW Solar PV System $10,500 – an unfavourable geotechnical report required a change in proposed mounting options from rammed posts to ground screws to meet wind standards. The extra costs associated with the change are proposed to be offset by electricity costs;

o Healthways Grant $3,500 – Recognise successful grant application to Healthways to assist in running programs for National Youth Week;

o Lions Donation $2,000 – Recognise donation from Lions to assist in running the Super Readers Program;

o Department of Fire and Emergency Services Grant $100,000 – successful application for additional funding for the Northcliffe Bush Fire Brigade Shed to support proposed design; and

o Department of Local Government, Sport and Cultural Industries grant $20,000 – Recognise grant received for Beach Emergency Numbers Signs to support emergency services efforts and sharking sighting notification.

STATUTORY ENVIRONMENT:

Section 6.8 (1) of the Local Government Act 1995 requires that expenditure not be incurred for an additional purpose unless authorised by Council.

Policy / Strategic Implications:

Nil.

Organisational risk management:

Nil.

Financial Implications:

Details of the recommended budget adjustments are attached.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council adopts the December 2019 budget adjustments as contained in Attachment: 9.3.4(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Eiby, W

28137

That Council adopts the December 2019 budget adjustments as contained in Attachment: 9.3.4(1).

CARRIED: 11/0

100

9.3.5 Request to Write Off Sundry Bad Debts

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	N/A
WARD:	Whole of Shire
ZONE:	N/A
DIRECTORATE:	Business
FILE REFERENCE:	F160196
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michelle Ellis / Greg Lockwood
DATE OF REPORT:	3 February 2019
DECLARATION OF INTEREST:	Nil

Background:

This report is presented to advise Council of non-collectable debts and seeks Council approval to write-off those debts as per section 6.12 of the Local Government Act 1995.

The outstanding monies owed to Council being $9,050.54 relate to two sundry debtor accounts raised between 2015 and 2016.

The following steps have been taken by the Finance Support Officer in an attempt to recover debts:

1. Letter to Debtor, after approximately 30 days of invoicing, requesting payment of outstanding account within 14 days;

2. If no response is forthcoming a second letter has been sent advising that if the Shire of Manjimup receives no response or payment within 14 days we will proceed with legal action to recover the outstanding debt and any legal fees incurred in the recovery of that debt;

3. After 14 days has elapsed, Debtor is sent to the Shire’s independent debt collection agency once approval from appropriate Manager has been received, as per Council Policy 4.1.6 – Collection of Outstanding Debts; and

4. Once Independent Debt Collector has exhausted all avenues to collect debt on our behalf, and remains unsuccessful, the Shire of Manjimup is recommended to close file.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

As part of the 2018/19 Annual Financial Audit Council’s Auditors identified a number of outstanding debtors requiring attention. The two debts below are those items deemed uncollectable for the reasons listed in the table below.

They are;

Debtor

Account

Invoice Date

Customer Name

Amount

Owing

Comment

1660

30/7/2015

Australian Geothermal Solutions (AGS)

$5,140.30

Costs were associated with warranty works for faulty parts on the new Geothermal System at the Manjimup AquaCentre.

AGS were not originally responsible for the outstanding debt, but took on responsibility in an effort to protect the reputation of the emerging geothermal industry and work as a conduit between the Shire and the overseas company that was responsible for the warranty.

AGS had been successful on several other warranty matters, but in this case the warranty claim failed and was not accepted.

1897

30/6/2016

Poles & Undergrounds Pty Ltd

$4,410.00

($499.76)

Dividend

Tipping Fees May/June 2016.

Administrators appointed 10/11/2016, finance staff completed formal proof of debt claim form. 18/12/2019 Shire of Manjimup received first and final dividend. No further opportunity to collect debt.

STATUTORY ENVIRONMENT:

Local Government Act 1995 Section 6.12(1) states “Subject to subsection (2) and any other written law, a local government may –

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

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

Policy / Strategic Implications:

It is considered that there is no policy or strategic implications resulting from this report.

Organisational risk management:

It is considered that there is no organisational risk resulting from this report.

Financial Implications:

If Council supports the recommendation, they will choose to write off $9,050.54 as a bad debt. Council has an adopted 2019/20 budget of $43,937 for the writing off of bad debts.

It is sound financial management to regularly review outstanding debts so as not to make any misstatements in the Annual Financial accounts relating to Current Assets.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

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

Debtor No	Name	Total
1660.01	Australian Geothermal Solutions	$5,140.30
1897.01	Poles & Undergrounds Pty Ltd	$3,910.24
	Total	$9,050.54

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Dawson Vidovich, S

28138

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

Debtor No	Name	Total
1660.01	Australian Geothermal Solutions	$5,140.30
1897.01	Poles & Undergrounds Pty Ltd	$3,910.24
	Total	$9,050.54

CARRIED: 11/0

105

ATTACHMENT

9.3.6 Requests for Extensions to Time Restriction for Development Completion - Lease Sites 521 and 526 Windy Harbour

PROPONENT	J Bendotti S Karamfiles
OWNER	Crown (Management Order to Shire)
LOCATION / ADDRESS:	Site 521 Richards Close and 526 Gregory Way, Windy Harbour
WARD:	Coastal
ZONE:	Special Use Zone No 5
DIRECTORATE:	Business
FILE REFERENCE:	F161055
LEGISLATION:	Local Government Act 1995 Land Administration Act 1997
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	31 January 2020
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” There are 225 lease sites for holiday cottages. Twelve of those were new lease sites released in 2015, with ten leases purchased in the initial tender process and two sold later. A condition of purchase included that construction of an approved dwelling was to be completed within five years.

The purpose of this agenda item is to consider a request from the lessees of Site 521 Richards Close and Site 526 Gregory Way for an extension of time to the development condition.

The development progress of all twelve leases is as follows:

Site	Initial Purchase	Development
44	May 2015	Completed
516	May 2015	Completed
517	June 2016	Lease resold August 2017 and April 2019. Development approval granted October 2019. Dwelling to be completed by April 2024.
518	May 2015	Completed
519	May 2015	Lease resold January 2020. Dwelling to be completed by January 2025.
520	May 2015	Completed
521	May 2015	Lease resold September 2016. Dwelling to be completed by 14 May 2020. Request for extension received.
522	April 2017	Building permit issued in May 2018. Dwelling to be completed by April 2022.
523	May 2015	Completed
524	May 2015	Completed
525	May 2015	Nearing completion, expected by May 2020.
526	May 2015	Construction commenced. Dwelling to be completed by 14 May 2020. Request for extension received.

As detailed above, of the ten leases sold by tender in 2015, six have complied with the five year period and completed construction of a dwelling, with a seventh also expecting to reach completion within timeframe. The leaseholders of Sites 519, 521 and 526 were contacted to determine their progress.

The circumstances of the successful tenderers of Site 519 had changed and without a clear intent to construct a dwelling they were encouraged to attempt to sell the lease rather than go through the default process, with a sale occurring recently.

The leaseholder of Site 521 has not submitted a development application, however has requested a three year extension to the lease development condition, being to May 2023, with intention to complete construction of a dwelling.

ATTACHMENT: 9.3.6(1)

The leaseholders of Site 526 have commenced construction of dwelling and requested an extension to March 2022 for completion.

ATTACHMENT: 9.3.6(2)

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

The purpose of the time restriction for development completion being included in the purchase conditions was to ensure orderly and timely development occurred without sites remaining vacant for an extended period. The five year period from settlement is considered an adequate timeframe for completion of a dwelling.

The leaseholders of both Sites 521 and 526 will soon be in default of the original lease purchase conditions as a dwelling will not be fully constructed within the five year period. The default conditions include the following options for the Shire, including where the lease has been transferred to a new lessee:

1. the right to elect to repurchase the lease for the original tender price;

2. where the lease site is partially improved, the right to elect to repurchase the lease at a price determined by a valuation from the Valuer General;

3. permission may be granted to the lessee to sell the lease, including within a specified period; or

4. commence default proceedings and resell the lease, retaining any surplus in excess of the original tender price and sale expenses or recovering any loss from the lessee.

Notwithstanding this, Council may consider granting an extension for each of these two leases as follows.

Site 521 was the first of the leases released by tender in 2015 to be resold by the successful tenderer. The original tender conditions outlined that if a successful tenderer wished to sell a lease the time restriction for development completion condition was transferrable to any new lessee from the date of the original tender settlement. The lease was transferred to the proponent in September 2016 with the existing condition requiring construction of a dwelling to be completed by 14 May 2020. Two other leases were later sold by lessees and on those occasions Council approved a full five years to complete construction of a dwelling. A one year extension for Site 521 would allow a full five years equal to other leaseholders. A three year extension as requested would mean the leaseholder of Site 521 is given a total of seven years.

A building permit was issued for Site 526 in March 2016 and the permit was extended in 2018 to March 2020. The dwelling is partially constructed and the proponents’ request is to extend the building permit and lease condition for a further two years to March 2022. An extension of this period would be two months short of a total of seven years for the leaseholders of Site 526.

If extensions are not approved, the default clauses would come into effect. Rather than the Shire repurchasing and then incurring additional costs in attempting to resell the leases, it would be recommended the leaseholders sell the lease. If the leases were sold it would be expected that a purchaser would be granted five years to complete a dwelling, potentially seeing a dwelling completed after the extension periods that have been requested by the proponents.

Extensions to May 2023 for Site 521 and March 2022 for Site 526 would also not extend them beyond the timeframe of the three other incomplete/undeveloped lease sites required to have a dwelling completed by 2022, 2024 and 2025.

Although the leaseholders of Sites 521 and 526 have not met the original lease purchase requirements, in consideration of the timeframe for other lease sites being varied and the intent of each proponent to complete construction of a dwelling within three and two years respectively, Council may grant extensions to the time restrictions for development completion.

A three year extension for Site 521 is recommended to be subject to development approval and a building permit being obtained by 14 May 2021 and construction of the dwelling being completed by 14 May 2023.

A two year extension for Site 526 to 8 March 2022 is subject to an extension to the building permit being obtained.

STATUTORY ENVIRONMENT:

Nil.

Policy / Strategic Implications:

Development timeframes for some of the twelve lease sites released in 2015 have been varied from the original 2020 timeframe due to two being sold at a later date and resale of leases. Overall the twelve lease sites are expected to reach development completion in the next few years, including the proposed extensions for Sites 521 and 526.

Organisational risk management:

Approving these two extensions may set a precedent, with three other lease sites that have not completed development and potential for future release of additional Windy Harbour lease sites. It may give a perception that the time restriction for development completion and default conditions will not be enforced and that extensions are able to be granted.

Any future release of new lease sites is likely to include a development time restriction. Five years is a reasonable timeframe and this was increased from a previous tender in 2010 with a three year timeframe.

Financial Implications:

Nil

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: Nil.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Grant an extension to the ‘time restriction for development completion’ condition relating to the lease of Site 521 Windy Harbour, that development approval and a building permit is to be obtained by 14 May 2021 and an approved dwelling is to be fully constructed by 14 May 2023 or the default conditions will apply.

2. Grant an extension to the ‘time restriction for development completion’ condition relating to the lease of Site 526 Windy Harbour, that an approved dwelling is to be fully constructed by 8 March 2022, subject to an extension to the building permit being obtained, or the default conditions will apply.

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Jenkins, D

28139

That Council:

CARRIED: 11/0

113

ATTACHMENT

9.5.6 Proposed Overnight Parking Area for Self Contained Recreational Vehicles - Pioneer Park, Walpole

PROPONENT	Shire of Manjimup
OWNER	Crown Land
LOCATION / ADDRESS:	Pioneer Park – South West Highway, Walpole
WARD:	South
ZONE:	Recreation
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F160708
LEGISLATION:	Caravan Parks and Camping Grounds Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 February 2020
DECLARATION OF INTEREST:	Nil

Background:

At its Ordinary Meeting held on 13 June 2019, Council was requested to consider the potential establishment of an overnight parking area for self-contained recreational vehicles (RV’s) visiting the Walpole Townsite.

Prior to the matter being considered at that meeting, the concept of establishing an overnight area for self-contained RV’s was advertised for a period of 21 days in accordance with a previous resolution of Council. Having regard to the submissions received during the consultation, Council resolved as follows:

27835

That Council:

1. Note the submissions received in respect of the proposed overnight parking facility at Pioneer Park, Walpole for Self-Contained Recreational Vehicles;

2. Authorise the Chief Executive Officer to proceed with the establishment of a maximum of four parking bays for the overnight parking of self-contained Recreational Vehicles on the existing vehicle hardstand at Pioneer Park, Walpole for a trial period of 12 months, subject to the following matters being addressed:

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

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

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

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

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

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

3. Advise those persons who lodged submissions accordingly.

Correspondence was subsequently forwarded to the Visitors Centre in accordance with point 2(f) of the above resolution.

Council is now requested to consider the implementation of the proposed overnight parking having regard to the written response received from the Walpole-Nornalup Visitors Centre. A copy of the Visitors Centre’s response is shown attached, whilst the content of the submission is detailed within the comment section below.

ATTACHMENT: 9.5.6(1)

PUBLIC Consultation Undertaken:

The proposal to establish an overnight parking area for self-contained RV’s was previously advertised for public comment over a 21 day period, with public notices included in the Walpole Weekly and the Manjimup-Bridgetown Times. In response, a total of 34 submissions were received.

Council had regard to these submissions in resolving to proceed with a 12 month trial for four overnight night parking bays for Self-Contained RV’s within the hard stand area located at Pioneer Park, Walpole.

COMMENT (Includes Options):

Camping within Western Australia is regulated by the provisions of the Caravan Parks and Camping Ground Act 1995 and the associated 1997 Regulations. Council is being requested to consider approving overnight camping at a location other than a licensed Caravan Park or Camping Ground in accordance Regulation 11. Further details on this legislation is provided within the Statutory Environment section below.

Within their response, the Visitors Centre has advised that they support the overnight parking initiative and would be happy to create welcome packs for our visitors. They do not however feel that they are in a position to contribute to the “management of the overnight parking space or any kind of enforcement of the proposed rules” due to the fact the operation is predominantly staffed by volunteers and their opening hours being outside of the proposed overnight parking time frame.

The Visitors Centre has put forward two alternatives to assist in enforcement of the conditions of use. These suggestions are that the Shire:

a) Install camera’s to monitor the area; or

b) Offer one of their existing Walpole employees additional training in Ranger services and have them monitor the site.

The Visitors Centre submits that option (b) would have the added benefit of providing the Walpole Community with a Shire Ranger presence and dramatically reducing the 1.5 hours response time frame.

To assist Council in further considering this matter, the following comments are offered:

Self Contained RV’s

A key element of the proposal is to ensure that the area is made available for self-contained RV’s only. That is fully self-contained RV’s, including Caravans contain their own kitchen, toilet and shower facilities given that do not require connections to services and contain all of their own waste matter including rubbish, black water and grey water within the vehicle.

Site/Management Enforcement

To ensure the site is appropriately management, suitable management arrangements are required to ensure that:

a) any campers wholly contain their vehicle within the approved overnight bays;

b) no furniture or other materials are set up or located outside of the vehicle;

c) any litter left behind is addressed as soon as possible; and

d) reporting any non-compliance including any person(s) who are trying to stay for more than the prescribed one night in any seven day period.

Whilst it was previously resolved that an approach be made to the Walpole-Nornalup Visitors Centre to manage the day to day bookings etc., the Visitors Centre has now formally advised that it does not wish to participate in the day to day to management of the operation, or enforcement of the requirements.

Appropriate signage will ensure that any users of the overnight bays are aware of the conditions of use and that stays are strictly limited to overnight only, with all bays to be vacated by 8am. However, as the Visitors Centre is not wishing to participate in day to day monitoring/management of the area, the ongoing management and enforcement requires the further consideration of Council prior to implementation of the trial.

As stated above, the Committee has suggested the installation of camera’s and/or training of an existing shire employee located within the Walpole Community. The following comments are offered in response to these suggestions:

i) Establishing a camera system that is able to cover the area required and connect back to the Shire’s computer network would involve considerable expense. As the only method of providing a connection would be via a mobile carrier service, the system would also require annual budget allocation.

Given that the adopted 2019/20 Annual Budget does not contain an allocation for the establishment and operation of a camera system, it is recommended that this suggestion cannot be supported at this time.

ii) With reference to the Centres second suggestion, this suggestion is not supported. The training of an existing officer in Ranger services would take considerable time and resources. Training and attendance to Ranger duties would have a significant impact on the existing officer resources, which are needed to provide existing service levels in Walpole.

In the absence of a day to day management presence, the only current and viable option is to rely on community selfreporting and for enforcement to be undertaken by officers located within the Manjimup Townsite. It is anticipated that Shire Rangers will be required to regularly attend the site to ensure compliance.

As members of the community, Shire officers employed and or working within the Walpole community will be encouraged to report any issues of non-compliance that may be observed when in attendance at Pioneer Park.

Given the potential for issues associated with non-compliance to arise, it is recommended that the proposed trial be revised to a three month rolling trial, allowing Council to end the trial should significant or ongoing issues arise. Council will be requested to further consider the ongoing operation of the overnight parking at the end of the three month period.

STATUTORY ENVIRONMENT:

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

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

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

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

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

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

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

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

In accordance with the above provisions, camping (including overnight camping) may only occur on land under the care and control of the Shire with the Shire’s prior approval. Whilst Council may permit stays of up to three days, it is recommended that the parking be limited to overnight parking, ensuring that the area is vacated each day. Occupiers of the overnight bays will be encouraged to consider staying in the community for a longer period within approved short stay accommodation or caravan parks/camping grounds.

Policy / Strategic Implications:

The establishment of an overnight area for self-contained RV’s would be consistent with recommendation B17 of the Shire’s Strategic Community Plan 2019-2029, which outlines the Shire’s support for “services and infrastructure to encourage caravan and RV tourism”. Such an area would also be consistent with the following goals as outlined in the Strategic Community Plan:

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

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

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

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

5.4 Community participation in decision making is maximised.

The above said, as reflected within the submissions received, community opinion in Walpole is somewhat divided over the issue of overnight camping within the Pioneer Park sealed parking area. Whilst some support exists for overnight parking to encourage increased visitor numbers, over use of the area has resulted in access to the carpark being restricted.

Appropriate management of the site is required to ensure that normal day to day use of the parking area is not impeded.

Organisational risk management:

Without appropriate monitoring and reporting of inappropriate activity, there is a risk that the area could be utilised by persons who are not using a self-contained vehicle. Situations have previously arisen, where people have ‘set up’ camp using tents and other non self-contained forms of accommodation within the park.

Financial Implications:

The monitoring of the overnight camping area and enforcement of any associated rules of use will result in some costs being borne by the Shire as Shire Rangers, based in Manjimup, will be required to regularly attend the site.

Sustainability:

Environmental: Nil.

Economic: The approval of free camping facilities for self-contained RV’s may have some impact on existing commercial camping operations in the vicinity of the town site. RV campers do however, contribute financially to other service providers in the district.

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

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council:

1. Note the submission from the Walpole-Nornalup Visitors Centre as contained at Attachment: 9.5.6(1);

2. Advise the Visitors Centre that:

a) due to budget considerations the installation of a camera surveillance system is not possible within the 2019/20 financial year; and

b) the suggestion to train an existing Shire employee in Ranger Services is not supported due to the associated costs and the potential impact on existing Officer resources that are required to maintain existing service levels in the Walpole Community.

3. Notwithstanding Council resolution 27835, the Chief Executive Officer be requested to proceed with a three month trial of four overnight parking bays, subject to those conditions identified within the resolution passed on 13 June 2019;

4. Rely on community self-reporting of issues relating to non-compliance with the conditions referred to in point 3 above and that an advertisement be placed in the local paper advising of the commencement of the trial and seeking the communities assistance in monitoring the area; and

5. Council consider the ongoing operation of the facility to be further considered by Council following completion of the three month trial referred to in point 3 above.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Skoss, K

That Council:

1. Note the submission from the Walpole-Nornalup Visitors Centre as contained at Attachment: 9.5.6(1);

2. Advise the Visitors Centre that:

a) due to budget considerations the installation of a camera surveillance system is not possible within the 2019/20 financial year; and

5. Council consider the ongoing operation of the facility to be further considered by Council following completion of the three month trial referred to in point 3 above.

MOTION lost 5/6

FOR	AGAINST
Cr K Lawrence	Cr J Darin
Cr K Skoss	Cr S Dawson Vidovich
Cr D Tapley	Cr W Eiby
Cr M Ventris	Cr D Jenkins
Cr C Winfield	Cr P Omodei
	Cr R Taylor

Council Resolution:

Moved: Darin, J Seconded: Eiby, W

28140

That Council:

1. Note the submission from the Walpole-Nornalup Visitors Centre as contained at Attachment: 9.5.6(1);

2. Advise the Visitors Centre that:

a) due to budget considerations the installation of a camera surveillance system is not possible within the 2019/20 financial year; and

5. Council consider the ongoing operation of the facility to be further considered by Council following completion of the three month trial referred to in point 3 above.

MOTION carried 10/1

FOR	AGAINST
Cr J Darin	Cr D Jenkins
Cr S Dawson Vidovich
Cr W Eiby
Cr K Lawrence
Cr P Omodei
Cr K Skoss
Cr D Tapley
Cr R Taylor
Cr M Ventris
Cr C Winfield

116

9.7.1 Proposed Budget Adjustment - Successful Mitigation Activity Fund Grant

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	All
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160154
LEGISLATION:	Local Government Act 1995
AUTHOR:	Todd Ridley
DATE OF REPORT:	31 January 2020
DECLARATION OF INTEREST:	Nil

Background:

Pursuant to the State Hazard Plan for Fire, a Bushfire Risk Management Plan (BRMP) must be developed for each Local Government. A BRMP was completed and adopted by Council at its Ordinary meeting held on the 22 August 2019.

27906

That Council adopt the Shire of Manjimup Bushfire Risk Management Plan 2019-2024 as shown at Attachment: 9.7.2(1).

The endorsement of the BRMP allowed Shire Officer’s to apply for Mitigation Activity Funds. In December 2019 the Shire of Manjimup was successful in a Mitigation Activity Funds Grant for $395,000.

Council is now requested to amend the 2019/20 Budget to include the funding and allow use of the funds in accordance with the BRMP and the Treatment Schedule.

PUBLIC Consultation Undertaken:

Nil

COMMENT (Includes Options):

The Mitigation Activity Funds will allow bushfire mitigation on Council vested Reserves where a risk of Bushfire exists and may affect the community or an asset.

Treatments include but are not limited to slashing, mulching, firebreak construction, building protection zones, asset protection, burning activities and salary costs of any casual employees and overtime of staff.

Shire Officer’s seek endorsement of a budget adjustment as requested and asks that Council formally recognise receipt of the grant and authorise the associated expenditure.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

The adoption of the BMRP and the Mitigation Activity Funds is consistent with the following recommendations of the Shire of Manjimup Strategic Community Plan 2019 – 2029:

· Strategy A5, manage fuel hazards to minimise the risk of serious fire threat to ecosystems, human life and property; and

· Strategy C14, Plan for emergency and natural disaster response, management, evacuation and recovery.

Organisational risk management:

Bushfire has the potential to decimate the built and natural environment. Council has a legal requirement and a community responsibility to manage bushfire fuel levels on vested lands. The Mitigation Activity Funds will allow Council to achieve these responsibilities by reducing fuel levels, implementing setbacks and mitigating the risk of bushfire to the community.

Financial Implications:

There is no associated cost with the Mitigation Activity Funds Grant.

Sustainability:

Environmental: Acceptance of the grant will assist Council to meet its Legislative and Strategic Community Plan obligations.

Economic: The grant will reduce the financial burden in respect to Council Bushfire Mitigation Budget.

Social: The grant is consistent with the Shire of Manjimup Strategic Community Plan 2019 – 2029.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Amend the Shire of Manjimup 2019/20 Annual Budget to recognise grant income Mitigation Activity Fund in order to complete the treatment schedule of the Bushfire Risk Management Plan 2019 – 2024 in accordance with the following table:

Description	Current Budget	Revised Budget	Variation
Mitigation Activity Fund Grant	$0	<$395,000>	<$395,000>
Mitigation Activity Fund Expenditure	$0	$395,000	$395,000

2. Approve expenditure of the funds in accordance with the Bushfire Risk Management Plan Treatment Schedule contained within the Bushfire Management Plan 2019-2024 and grant agreement.

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Tapley, D

28141

That Council:

Description	Current Budget	Revised Budget	Variation
Mitigation Activity Fund Grant	$0	<$395,000>	<$395,000>
Mitigation Activity Fund Expenditure	$0	$395,000	$395,000

2. Approve expenditure of the funds in accordance with the Bushfire Risk Management Plan Treatment Schedule contained within the Bushfire Management Plan 2019-2024 and grant agreement.

CARRIED: 11/0

122

ATTACHMENT

9.12.1 Proposed Award of Tender RFT 02/19 Management of the Manjimup Recycling and Refuse Centre

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Manjimup Recycling and Refuse Centre Lot 501, 62 Ralston Road, Ringbark, WA 6258
WARD:	North Ward
ZONE:	Public Purposes
DIRECTORATE:	Works & Services
FILE REFERENCE:	F190324
LEGISLATION:	Local Government Act 1995 Local Government (Functions and General) Regulations 1996
AUTHOR:	Mark Sewell
DATE OF REPORT:	16 January 2020
DECLARATION OF INTEREST:	Nil

Background:

The Manjimup Recycling and Refuse Centre (MRRC) at 62 Ralston Road, Ringbark, is managed on behalf of the Shire of Manjimup by a contractor selected by Tender. The funds required to service this contract are allocated annually in Council’s adopted waste site operations budget. The present management contract expires on 31 March 2020, including the exhaustion of all extensions.

The Request for Tender specifies a contract duration of five (5) years with the option, held by the Shire of Manjimup, to extend the Contract by up to three (3) years.

The purpose of this report is to present the results of the Tender evaluation for Council’s consideration and to award Tender RFT 02/19 Management of the Manjimup Recycling and Refuse Centre.

PUBLIC Consultation Undertaken:

In accordance with the Local Government Act 1995, the Shire of Manjimup advertised Request for Tender (RFT) 02/19 Management of the Manjimup Recycling and Refuse Centre on Wednesday 8 January 2020. Tenders closed on Thursday 30 January 2020. The Request for Tender was advertised electronically in the Notices and Tenders section of the Shire of Manjimup website, locally in the Manjimup Bridgetown Times and state-wide in the West Australian newspaper.

COMMENT (Includes Options):

Following advertising, a total of seven (7) prospective Tenderers registered and downloaded the Tender document from the Shire’s website. A total of two (2) Tenders were received by the specified closing time.

To assist Council in determining this matter the following comments are offered:

Tender Evaluation Panel

The Tender evaluation panel was comprised of four Shire officers who undertook to independently assess all of the Tenders received using a pre-constructed evaluation matrix.

Compliance Criteria

Tender evaluation panel members agreed that both Tenders received were submitted in full accordance with the Compliance Criteria listed in the Request for Tender.

Regional Price Preference

The prices of Tenders which qualified under Regulation 24(A-G) of the Local Government (Functions and General) Regulations and Shire of Manjimup Policy 2.3.8 Regional Price Preference had the mechanisms of that Policy applied before the resulting adjusted price was entered into the evaluation matrix for the purpose of comparison scoring.

Price Basis

The Price for the Tender’s resulting Contract will be on a Variable Price Basis, directed only according to three mechanisms of annual variation up or down, being: (1) the Perth Consumer Price Index for the twelve month period prior; (2) any agreed additions to or deletions from the scope of services being undertaken; and (3) any increase or decrease in the volume of waste received beyond certain limits defined in the Contract. The assessment weighting for Price is 50% of the total score.

Qualitative Criteria

In addition to Price and the non-weighted Compliance Criteria, three weighted Qualitative Criteria were presented in the Request for Tender. These criteria together were allocated the remaining 50% of the Tender’s total score. The Qualitative Criteria were:

Criterion	Description	Weighting
A. Demonstrated Relevant Experience and Competence	(a) details of similar work undertaken; (b) extent of the Tenderer’s involvements in these; (c) proven track record in achieving required outcomes; (d) brief resume of each key staff; (e) examples of urgent or emergency situations managed; and (f) Tenderer’s role in performance of requirements of the Contract.	35%
B. Demonstrated Capacity and Adaptability	(a) list of staff, plant and equipment resources available; (b) details of contingency measures or back-up resources (capacity to respond to unplanned short-term change); and (c) ability to accommodate the evolution of the Shire’s management and treatment of waste during the term of the Contract (adaptability in responding to planned long-term change).	10%
C. Referees	(a) names and contact details of three referees together with clear descriptions of the work previously provided for each.	5%

Scotties Excavations is Council’s present contractor for management of the MRRC. It has been noted that the Tender received was of overall good quality, provided good comprehensive day rates for plant and machinery, and showed significant transitions and improvements to the MRRC over the last 19 plus years.

Cleanaway is presently Council’s waste collection and recycling contractor across the Shire of Manjimup. It is claimed to be Australia’s largest waste management company. The company collects waste materials, processes commingled recyclable material and operates landfills both company-owned and on behalf of various municipalities. Cleanaway’s Tender was also of a good quality submission showing great experience and management of several other similar landfill/transfer stations.

Tender Evaluation

Each received Tender was evaluated by each panel member, independent of input from other members. Following the completion of these independent evaluations, panel member scores were averaged to provide a final score and resultant overall ranking for each Tender received. The Tender evaluation summative matrix is attached.

ATTACHMENT: 9.12.1(1)

The Tenderers, their prices (excluding GST and with any Regional Price Preference adjustment), the averaged weighted scores and final scores, and the ranking of each are summarised as:

Tenderer

Price

Final Score

Rank

Scotties Excavations

28.9

6.8

4.0

27.85

67.5

Cleanaway Pty Ltd

27.0

8.5

4.0

22.15

61.6

The assessment of Tenders has resulted in Scotties Excavation receiving the highest ranking and score, and as such it is recommended that Council award Scotties Excavation RFT 02/19 Management of the Manjimup Recycling and Refuse Centre. Not only did Scotties Excavation submit a high quality Tender with competitive price, they have shown exemplary management practice over the past 19 years maintaining the MRRC.

STATUTORY ENVIRONMENT:

The Local Government Act 1995 and Local Government (Functions and General) Regulations 1996 require that Tenders be publicly invited for contracts exceeding $150,000 in value, and that state-wide public notice of the invitation be given.

Policy / Strategic Implications:

Providing best-available management of the Manjimup Recycling and Refuse Centre supports the Shire of Manjimup Strategic Community Plan 2019 – 2029, Theme 1 Our Natural Environment, Community Goal 1.5: “Waste management strategies are expanded and a greater range of options provided to ensure we minimise the negative impacts on our environment.”

The MRRC management is performed in accordance with Shire strategic plans including the Shire of Manjimup Strategic Waste Plan 2008, the Ralston Road Waste Management Facility Strategic Management Plan 2012, the MRRC Asbestos Management Plan 2017 and the MRRC Progressive Post-closure Management Plan 2017.

Organisational risk management:

Risks to the Shire of Manjimup have been mitigated by:

· providing the Waste Management Officer with comprehensive WALGA training in Procurement and Contract Management;

· having the Request for Tender process overseen by the Probity Officer;

· ensuring that Occupational Safety & Health considerations were prominent in the Request for Tender Specifications and Special Conditions;

· having a Tender evaluation panel comprised of four Shire officers including a senior officer and a non-technical member;

· recommending a Tender, the price of which can be accommodated in the available budget;

· having checked with the Referees of the recommended Tenderer;

· having required the Tenderers to demonstrate financial sustainability; and

· having required the Tenderers to demonstrate their contingency measures.

Financial Implications:

The price of the recommended Tender can be accommodated in the available budget remaining during the current financial year.

The Tender price mechanism provides for subsequent annual variations according to CPI increases or decreases, significant changes (up or down) in the volume of waste received and for variations in the scope of works required by the Shire. The costs of all of these have previously been accommodated in the annual budget and there is no reason to believe this will not also be the case in future budgets.

Sustainability:

Environmental: Sound management of the Manjimup Recycling & Refuse Centre will serve to mitigate the risks of waste materials or leachate reaching the groundwater system or of other emissions

Economic: Diligent management of the MRRC will assist the Shire in its efforts to minimise ongoing growth in costs which are inevitably passed on to ratepayers and facility users. Such efforts will also serve to extend the life of the landfill thus providing the Shire with an ongoing local and cost-effective destination for its municipal waste streams.

Social: Effective management of the MRRC will ensure the ongoing provision of the landfill and recycling capacities required for domestic, commercial, industrial and agricultural growth across the Shire of Manjimup.

VOTING REQUIREMENTS: SIMPLE MAJORITY

Officer Recommendation:

That Council award Tender 02/19 Management of the Manjimup Recycling and Refuse Centre, being a contract of five (5) years’ duration with the Shire’s option to extend by up to a further three (3) years, to Scotties Excavation for a price of $540,690 (excluding GST) in the first year of the Contract and henceforth varied only according to the Contract Price Variation Mechanism and otherwise in accordance with their submitted Tender response.

COUNCIL RESOLUTION:

Moved: Skoss, K Seconded: Winfield, C

28142

That Council award Tender 02/19 Management of the Manjimup Recycling and Refuse Centre, being a contract of five (5) years’ duration with the Shire’s option to extend by up to a further three (3) years, to Scotties Excavation for a price of $551,000 (excluding GST) in the first year of the Contract and henceforth varied only according to the Contract Price Variation Mechanism and otherwise in accordance with their submitted Tender response.

CARRIED: 11/0

Reason

· The original recommendation referenced the contract price minus the regional price preference for local suppliers (Policy 2.3.8).

125

9.13.2 Proposed Budget Adjustment - Shire of Manjimup Gravel Research Project

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Whole of Shire
WARD:	NA
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170290
LEGISLATION:	Local Government Act 1995
AUTHOR:	Michael Leers
DATE OF REPORT:	4 February 2020
DECLARATION OF INTEREST:	Nil

Background:

Over the last four to five years, the Shire has made several attempts via the Request for Tender process to secure for the best value, suitable quality and quantities of gravel to be used on the ongoing road renewal and upgrade projects as identified in the Shire’s 10 Year Forward Capital Works Plan and its approved annual budgets. Unfortunately, this has not always been successful in providing the Shire best value in regard the material’s actual cost per tonne or its location, affecting cartage costs.

To secure long term supplies of appropriate quality and quantities of gravel at the best value, Shire Officers propose a strategy using contracted services to investigate and research suitable road construction and maintenance materials to be used across the whole of the Shire and its road infrastructure works projects. The purpose of this report is to request Council’s approval to transfer funds from the Construction Resource Research Reserve to be used for the purpose of locating suitable sources of gravel locally and in strategic locations allowing for the best long term value road construction and maintenance works.

PUBLIC Consultation Undertaken:

Nil.

COMMENT (Includes Options):

Council is aware of the difficulties the Shire has in sourcing best value, suitable quality gravel in the quantities required for its ongoing road upgrade and renewal projects, i.e. road construction and gravel road resheeting. Despite numerous attempts via the public Tender process, public advertising, approaching individual landowners and research of the Shires own Gravel Reserves, it is as yet, unable to secure long term supplies of gravel in locations that provide the best value.

It is prudent for the Shire to intensify its efforts securing gravel via a targeted and strategic approach to engage suitable resources to investigate and locate a number of sources and/or locations in public and/or private properties throughout the Shire that will yield suitable quantities of raw material. This material can then be processed by the Shire or used directly on road construction or resheeting projects.

As such, it is recommend that Council approve the Shire use $50,000 from the Construction Resource Research Reserve to engage a suitably qualified and experienced consultant to identify, research and locate suitable sources of gravel that meet the whole of the Shire’s requirements for its ongoing road infrastructure capital and maintenance programs.

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

Corporate Business Plan 2019 – 2023:

· D6 Develop and maintain community infrastructure to a service level that meets the community’s needs.

· D6.2 Implement the 10-year Forward Capital Works Program in relation to local road and bridge upgrades and renewals

· D6.3 Maintain local roads in accordance with Council's adopted Road Hierarchy Policy (9.1.14)

Organisational risk management:

Allowing the Shire to strategically identify gravel sources throughout the whole of the Shire dramatically reduces the risk to the Shire’s ability to sustainably complete its long-term Forward Capital Works program.

Financial Implications:

The request for $50,000 transfer from the Construction Resource Research Reserve is based on an estimate, compared with somewhat similar road upgrade feasibility studies. It should be noted that the actual cost of this research project may vary.

Sustainability:

Environmental: Strategy is to secure long term sources of gravel from suitable locations. It is also a function of gravel extraction to ensure sites are appropriately rehabilitated once extraction works are completed.

Economic: Securing appropriate road construction materials from locations that provide the Shire with best value.

Social: Best price road construction materials allows for best value works when upgrading the current road network. This in turn allows for more of the road network to be upgraded providing a better service to the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council approve the transfer of $50,000 from the Construction Resource Research Reserve in order to fund the research of available gravel for use on road construction and resheeting projects, as shown in the table below.

Description	Current Budget	Amended Budget	Variation
Transfer from Construction Resource Research Reserve	($0)	($50,000)	($50,000)
Research Available Gravel Sources	$0	$50,000	$50,000
Net Rate Funds			$0

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Taylor, R

28143

Description	Current Budget	Amended Budget	Variation
Transfer from Construction Resource Research Reserve	($0)	($50,000)	($50,000)
Research Available Gravel Sources	$0	$50,000	$50,000
Net Rate Funds			$0

CARRIED: 11/0

129

ATTACHMENT

APPENDIX

9.16.1 Nominations for Manjimup Town Centre Revitalisation Committee

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Manjimup Central Business District
WARD:	Central
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F170454
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	9 January 2019
DECLARATION OF INTEREST:	Nil

Background:

Council reviewed the Terms of Reference for the Manjimup Town Centre Revitalisation Committee at its Ordinary Meeting held on 24 October 2019. A copy of the Term of Reference as adopted by Council are shown appended.

APPENDIX: 9.16.1(A)

As outlined by the adopted Terms of Reference, the functions of the committee are as follows:

1. Identification of opportunities for space activation within Manjimup townsite;

2. Liaison with other relevant community groups and/or service agencies over potential art of cultural projects;

3. Assisting Shire of Manjimup Officers in draft design guidelines to guide future developments within the Town Centre Precinct;

4. Assist in co-ordinating community participation; and

5. Communicate and inform the local community about activities of the committee.

Advertising, calling for nominations for community representation on the committee have now closed and Council is requested to:

a) consider those nominations received; and

b) modifying the terms of reference to reflect the appointment of nominated community representatives.

A copy of the draft Terms of Reference, including the community members who have nominated is shown attached.

ATTACHMENT: 9.16.1(1)

PUBLIC Consultation Undertaken:

The call for nominations to the committee has been advertised twice due to the fact that insufficient nominations were received to fill the five community representative positions on the committee following the first call for new nominations. A total of four nominations have now been received.

COMMENT (Includes Options):

The Manjimup Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

In response to the call for nominations, the following three nominations have been received:

a) Mary Nixon – Community Representative & Local Business Owner

b) David Giblett – Community Representative;

c) Phillippa Gavranich – Community Representative; and

d) Donelle Buegge – Community Representative.

Copies of the nominations are available to elected members on request.

Should the above nominations be accepted, the committee would comprise of four community representatives, one representative from the chamber of commerce, one elected member and three employees of the Shire being the Director of Development and Regulation, the Director of Works and the Director of Community Services.

One community representative position on the committee would remain vacant. It is proposed to discuss the vacancy with members of the committee at the first Advisory Committee meeting.

STATUTORY ENVIRONMENT:

Advisory Committees of Council are formed in accordance with Part 5 of the Local Government Act 1995. In accordance with section 5.10 (2) provides that each Council member is entitled to be a member of at least one committee.

Policy / Strategic Implications:

The primary purpose of the Manjimup Town Centre Revitalisation Advisory Committee is to assist Council in developing future strategies for the ongoing revitalisation and space activation within the Manjimup Central Business District.

Organisational risk management:

Nil.

Financial Implications:

Costs associated with implementing any recommendations of the committee will be required to be considered on a case by case basis having regard to the adopted 2019/20 annual budget.

Sustainability:

Environmental: Nil.

Economic: Improvements to townscape and associated pubic infrastructure are recognised as contributing towards and stimulating investment and economic activity in the community.

Social: The Shire of Manjimup Community Strategic Plan 2019-2029 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’. In addition Strategy D9 identifies the desire to “Develop town centres to showcase their unique characters and encourage vibrant, mixed use and commercial spaces”.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Accept the nominations received for the Manjimup Town Centre Revitalisation Advisory Committee from Mary Nixon, David Giblett, Phillippa Gavranich and Donelle Buegge; and

2. Amend the Manjimup Town Centre Revitalisation Advisory Committee Terms of Reference to appoint the nominees stated in point 1 above for the period of 13 February 2020 to 16 October 2021 in accordance with the Draft Terms of Reference shown at Attachment: 9.16.1(1).

COUNCIL RESOLUTION:

Moved: Taylor, R Seconded: Dawson Vidovich, S

28144

That Council:

1. Accept the nominations received for the Manjimup Town Centre Revitalisation Advisory Committee from Mary Nixon, David Giblett, Phillippa Gavranich and Donelle Buegge; and

CARRIED: 11/0

133

ATTACHMENT

APPENDIX

9.16.2 Nominations for Northcliffe Town Centre Revitalisation Advisory Committee

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Northcliffe Central Business District
WARD:	Coastal
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170455
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 February 2020
DECLARATION OF INTEREST:	Nil

Background:

Council reviewed the Terms of Reference for the Northcliffe Town Centre Revitalisation Committee at its Ordinary Meeting held on 24 October 2019. A copy of the Term of Reference as adopted by Council are shown appended.

APPENDIX: 9.16.2(A)

As outlined by the adopted Terms of Reference, the functions of the committee are as follows:

1. Identification of opportunities for space activation within Northcliffe townsite;

2. Liaison with other relevant community groups and/or service agencies over potential art of cultural projects;

3. Assisting Shire of Manjimup Officers in draft design guidelines to guide future developments within the Town Centre Precinct;

4. Assist in co-ordinating community participation; and

5. Communicate and inform the local community about activities of the committee.

Advertising, calling for nominations for community representation on the committee have now closed and Council is requested to:

a) consider those nominations received; and

b) modifying the terms of reference to reflect the appointment of nominated community representatives.

Council is now requested to consider adopting the revised Terms of Reference, accepting the single nomination received. A copy of the draft Terms of Reference, which has been modified to include the single community member nomination is shown attached.

ATTACHMENT: 9.16.2(1)

PUBLIC Consultation Undertaken:

COMMENT (Includes Options):

The Northcliffe Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

In response to the call for nominations, the following single nomination has been received:

a) Mr Ken Gwynne – Community Representative.

A copy of the nomination is available to elected members on request.

Should the nomination be accepted, the committee would comprise of a single community representative, one elected member and three employees of the Shire being the Director of Development and Regulation, the Director of Works and the Director of Community Services.

Four community representative positions would remain vacant.

In accordance with the current Terms of Reference, at least six committee members are required to be in attendance to achieve a quorum. Should Council accept the nomination only five committee members would be appointed. In order to address this situation, the following two options are presented to Council:

i) Accept the nomination received and complete a further advertising period through notice in the Karri Pigeon calling for additional nominations; or

ii) Amend the Terms of Reference to reduce the number of committee members to ensure a quorum can be achieved.

In the event that Council wishes to implement option (ii) above, it is recommended that Shire Officers and the elected member work with the community representative to identify other potential community members with particular emphasis on including representatives from other existing community groups operating within the Northcliffe community.

STATUTORY ENVIRONMENT:

Policy / Strategic Implications:

The primary purpose of the Northcliffe Town Centre Revitalisation Advisory Committee is to assist Council in developing future strategies for the ongoing revitalisation and space activation within the Northcliffe Central Business District.

Organisational risk management:

Nil.

Financial Implications:

Costs associated with implementing any recommendations of the committee will be required to be considered on a case by case basis having regard to the adopted 2019/20 annual budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

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.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

a) Accept the nomination of Mr Ken Gwynne to the Northcliffe Town Centre Revitalisation Advisory Committee;

b) Defer the adoption of the revised Terms of Reference shown at Attachment: 9.16.2(1), pending the further public advertising over a period of not less than 21 days calling for additional nomination;

c) Request Shire Officers to work with the elected member from the Coastal Ward and the community representative referred to in point (a) above to identify other potential community members with particular emphasis on including representatives from other existing community groups operating within the Walpole community; and

d) That further consideration be given to the composition of the committee following the close of the additional advertising period referred to in point b) above.

COUNCIL RESOLUTION:

Moved: Eiby, W Seconded: Taylor, R

28145

That Council:

a) Accept the nomination of Mr Ken Gwynne to the Northcliffe Town Centre Revitalisation Advisory Committee;

d) That further consideration be given to the composition of the committee following the close of the additional advertising period referred to in point b) above.

CARRIED: 11/0

137

ATTACHMENT

APPENDIX

9.16.3 Walpole Town Centre Revitalisation Advisory Committee - Review of Appointments

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Walpole Townsite
WARD:	South
ZONE:	N/A
DIRECTORATE:	Development & Regulation
FILE REFERENCE:	F170457
LEGISLATION:	Local Government Act 1995
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 February 2020
DECLARATION OF INTEREST:	Nil

Background:

Council reviewed the Terms of Reference for the Walpole Town Centre Revitalisation Committee at its Ordinary Meeting held on 24 October 2019. A copy of the Term of Reference as adopted by Council are shown appended.

APPENDIX: 9.16.3(A)

As outlined by the adopted Terms of Reference, the functions of the committee are as follows:

1. Identification of opportunities for space activation within Walpole townsite;

2. Liaison with other relevant community groups and/or service agencies over potential art of cultural projects;

3. Assisting Shire of Manjimup Officers in draft design guidelines to guide future developments within the Town Centre Precinct;

4. Assist in co-ordinating community participation; and

5. Communicate and inform the local community about activities of the committee.

Advertising, calling for nominations for community representation on the committee have now closed and Council is requested to:

a) consider those nominations received; and

b) modifying the terms of reference to reflect the appointment of nominated community representatives.

A copy of the draft Terms of Reference, including the community members who have nominated is shown attached.

ATTACHMENT: 9.16.3(1)

PUBLIC Consultation Undertaken:

COMMENT (Includes Options):

The Walpole Town Centre Revitalisation Advisory Committee comprises Council members, employees and others and only has advisory responsibilities.

In response to the call for nominations, the following single nomination was received:

a) Louise Pickett – Community Representative & Local Business Owner

A copy of the nomination as received is available to elected members on request.

Four community representative positions would remain vacant.

i) Accept the nomination received and complete a further advertising period through notice in the Walpole Weekly calling for additional nominations; or

ii) Amend the Terms of Reference to reduce the number of committee members to ensure a quorum can be achieved.

It is furthermore recommended that Shire Officers and the elected member work with the community representative to identify other potential community members with particular emphasis on including representatives from other existing community groups operating within the Walpole community.

STATUTORY ENVIRONMENT:

Policy / Strategic Implications:

The primary purpose of the Walpole Town Centre Revitalisation Advisory Committee is to assist Council in developing future strategies for the ongoing revitalisation and space activation within the Walpole townsite.

Organisational risk management:

Nil.

Financial Implications:

Costs associated with implementing any recommendations of the committee will be required consideration on a case by case basis having regard to the adopted 2019/20 annual budget.

Sustainability:

Environmental: Nil.

Economic: Nil.

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.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

a) Accept the nomination of Louise Pickett to the Walpole Town Centre Revitalisation Advisory Committee;

b) Defer the adoption of the revised Terms of Reference shown at Attachment: 9.16.3(1), pending the further public advertising over a period of not less than 21 days calling for additional nomination;

c) Request Shire Officers to work with the elected member from the South Ward and the community representative referred to in point (a) above to identify other potential community members with particular emphasis on including representatives from other existing community groups operating within the Walpole community; and

d) That further consideration be given to the composition of the committee following the close of the additional advertising period referred to in point b) above.

COUNCIL RESOLUTION:

Moved: Tapley, D Seconded: Eiby, W

28146

That Council:

a) Accept the nomination of Louise Pickett to the Walpole Town Centre Revitalisation Advisory Committee;

d) That further consideration be given to the composition of the committee following the close of the additional advertising period referred to in point b) above.

CARRIED: 11/0

140

ATTACHMENT

APPENDIX

9.16.4 Proposed Nomination for the Pemberton Town Centre Revitalisation Advisory Committee

PROPONENT	Shire of Manjimup
OWNER	N/A
LOCATION / ADDRESS:	Pemberton Townsite
WARD:	West
ZONE:	NA
DIRECTORATE:	Works and Services
FILE REFERENCE:	F170456
LEGISLATION:	Local Government Act 1995
AUTHOR:	Debbie Whittle
DATE OF REPORT:	4 February 2020
DECLARATION OF INTEREST:	Nil

Background:

Following the review of Council committee appointments and reappointments following the Ordinary Elections held on 19 October 2019, the Terms of Reference for the Pemberton Town Centre Revitalisation Advisory Committee was reviewed.

The function of the committee, in accordance with the current Terms of Reference, is:

· Identification of opportunities for space activation within the main street or adjacent open space;

· Liaison with other relevant community groups and/or service agencies over potential art or cultural projects; and

· Assisting Shire of Manjimup officers in drafting design guidelines to guide future developments within the Town Centre precinct.

· Assist co-ordinating community participation; and

· Communicate and inform the local community about activities of the Committee

The current Terms of Reference is appended.

APPENDIX: 9.16.4(A)

The purpose of this report to request Council consider the nomination for the position of Community Representative for the Pemberton Town Centre Revitalisation Advisory Committee.

PUBLIC Consultation Undertaken:

Following the first request for new nominations to the committee, there was a second advertisement, ending 10 January 2020 due to insufficient nominations received to fill the four community representative positions. The result of this second advertisement is a single nomination received.

COMMENT (Includes Options):

In response to the request, a nomination received was from Max Hewitt for one of the four Community Representative vacancies. A copy of the nomination received is available to Elected Members on request. It should be noted that the postal address for Mr Hewitt is in North Fremantle, though his application details his 22 years of association with Pemberton as owner of the Glauders Farm and member of the Pemberton Arts Group.

Should the nomination be accepted, the committee would comprise of a single community representative, a representative of the Pemberton Arts Group, two elected members and five employees of the Shire being the Director of Works and Services, the Director of Development and Regulation, the Director of Community Services, the Manager Community and Recreation Services and the Shire’s Events Liaison Officer. Three community representative positions would remain vacant.

Given that a single community representative is unlikely to effectively reflect the range of community views in respect of the future activation of the townsite, it is recommended that the nomination be accepted and that Shire Officers and the elected members work with the community representative to identify other Pemberton community members.

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: 9.16.4(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 Play 2019 – 2029 Strategy D9 Develop town centres to show case their unique characters and encourage vibrant, mixed-use commercial and public spaces

The Corporate Business Plan 2019 – 2023 Strategy D9.2 - Facilitate local involvement in Townscape Committees to determine priorities and endorse revitalisation plans.

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: Improvements to townscape and associated pubic infrastructure are recognised as contributing towards and stimulating investment and economic activity in the community.

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.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council;

1. Accept Max Hewitt as the nomination for Community Representative on the Pemberton Town Centre Revitalisation Advisory Committee; and

2. Amend the Pemberton Town Centre Revitalisation Advisory Committee Terms of Reference, as shown in the attachment 9.16.4(1).

COUNCIL RESOLUTION:

Moved: Ventris, M Seconded: Lawrence, K

28147

That Council;

1. Accept Max Hewitt as the nomination for Community Representative on the Pemberton Town Centre Revitalisation Advisory Committee; and

2. Amend the Pemberton Town Centre Revitalisation Advisory Committee Terms of Reference, as shown in the attachment 9.16.4(1).

CARRIED: 11/0

145

ATTACHMENT

9.16.5 Proposed Nomination for the Manjimup Heritage Park Advisory Committee

PROPONENT	Shire of Manjimup
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	Ward and Edwards Streets, Manjimup
WARD:	Central
ZONE:	Parks and Recreation
DIRECTORATE:	Community Services
FILE REFERENCE:	F170453
LEGISLATION:	Local Government Act 1995
AUTHOR:	Gail Ipsen Cutts
DATE OF REPORT:	4 February 2020
DECLARATION OF INTEREST:	Nil

Background:

With the Council elections held in October every two years it is current practice for all community representatives on Advisory Committees to be for a two year period only. With the recent conduct of elections in October 2019 all community representation on Advisory and Management Committees were spilled and the positions advertised as vacant, previous representatives were invited to renominate.

Nominations for membership of the Manjimup Heritage Park Advisory Committee have now closed and Council is asked to consider endorsing the nomination received.

PUBLIC Consultation Undertaken:

An advert to seek nominees for the Committee was published in the Manjimup Bridgetown Times and the Walpole Weekly on 30 October 2019, November editions of the Northcliffe Karri Pigeon and Pemberton Community News. A further round of advertising was undertaken in December 2019. All community members of the Committee were invited by email to re-nominate.

COMMENT (Includes Options):

Two long term community representatives elected to retire from the committee. Louise Kingston and Keith Liddelow have both made an extensive and valuable contribution to the Heritage Park Committee over many years and their departure will be missed.

In response to advertisements one new community representative nomination was received from Donelle Buegge. Ms Buegge is a long term resident of Manjimup and indicates a keen interest in being part of the Heritage Park Advisory Committee.

The Heritage Park Terms of Reference have been amended to include Donelle Buegge as a community representative. Two vacant community representative positions will be advertised shortly.

ATTACHMENT: 9.16.5(1)

STATUTORY ENVIRONMENT:

Local Government Act 1995.

Policy / Strategic Implications:

· Manjimup SuperTown Growth plan recommendations (Timber and Heritage Park Master Plan).

· Town Centre Revitalisation Stage II.

· Shire of Manjimup Strategic Community Plan 2019-2029.

Organisational risk management:

Nil.

Financial Implications:

Nil.

Sustainability:

Environmental: Nil.

Economic: Nil.

Social: The preservation and interpretation of heritage is a significant contributor to social pride and the sense of place within the community.

VOTING REQUIREMENTS: ABSOLUTE MAJORITY

Officer Recommendation:

That Council:

1. Thank Keith Liddelow and Louise Kingston for their extended services and contribution to the Manjimup Heritage Park;

2. Endorse the nomination of Donelle Buegge as a Community Representative of the Manjimup Heritage Park Advisory Committee; and

3. Accept the amended Manjimup Heritage Park Advisory Committee Terms of Reference as per Attachment: 9.16.5(1).

COUNCIL RESOLUTION:

Moved: Darin, J Seconded: Jenkins, D

28148

That Council:

1. Thank Keith Liddelow and Louise Kingston for their extended services and contribution to the Manjimup Heritage Park;

2. Endorse the nomination of Donelle Buegge as a Community Representative of the Manjimup Heritage Park Advisory Committee; and

3. Accept the amended Manjimup Heritage Park Advisory Committee Terms of Reference as per Attachment: 9.16.5(1).

CARRIED: 11/0

10. LATE REPORTS: Nil

11. QUESTIONS FROM MEMBERS:

11.1 Response to questions from members taken on notice. Nil

11.2 Questions from members. Nil

12. MOTIONS FOR CONSIDERATION AT THE FOLLOWING MEETING: Nil

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

14. MEETING CLOSED TO THE PUBLIC:

14.1 Matters for which the meeting may be closed.

Voting Requirements: Simple Majority

Officer Recommendation:

Moved: Darin, J Seconded: Dawson Vidovich, S

28149

That Council goes behind closed doors to consider:

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

CARRIED: 11/0

14.1.1 Proposed Lease - 5C Brockman Street, Manjimup

PROPONENT	R Howe
OWNER	Shire of Manjimup
LOCATION / ADDRESS:	5C Brockman St, Manjimup
WARD:	Central
ZONE:	Town Centre
DIRECTORATE:	Business
FILE REFERENCE:	F161422
LEGISLATION:	Local Government Act 1995
AUTHOR:	Jasmine Bamess
DATE OF REPORT:	31 January 2020
DECLARATION OF INTEREST:	Nil

Moved: Darin, J Seconded: Dawson Vidovich, S

28150

That Council come from behind closed doors.

CARRIED: 11/0

14.2 Public reading of resolutions that may be made public.

RESOLUTION WAS READ OUT

That Council

1. Declare that the current market value for the lease of 5C Brockman Street is $16,250, being $125/m², on the basis of the valuation obtained 28 February 2019.

2. Advertise intention to lease 5C Brockman Street to Rodney Howe with the following conditions:

a) lease term of five years with an option for an additional five year term;

b) lease fee commencing at $16,250 (ex GST), being $125/m² per annum, subject to annual Consumer Price Index adjustments and a market review on the fifth anniversary of the lease; and

c) consideration of any submissions received within a two week period.

15. APPLICATIONS FOR LEAVE OF ABSENCE:

Council Resolution:

Moved: Eiby, W Seconded: Lawrence, K

28151

That Council grant Councillor Denise Jenkins a Leave of Absence for the Ordinary Council Meeting 26 March 2020 to attend a Shire function in Perth.

CARRIED: 11/0

16. CLOSURE:

There being no further business to discuss the Shire President thanked those in attendance and closed the meeting at 6.41pm.

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

Paul Omodei

Shire President

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:	4 February 2020
DECLARATION OF INTEREST:	Nil

PROPONENT	Director Development & Regulation
OWNER	N/A
LOCATION / ADDRESS:	Whole of Shire
WARD:	All
ZONE:	N/A
DIRECTORATE:	Development and Regulation
FILE REFERENCE:	F160966
LEGISLATION:	Various
AUTHOR:	Brian Robinson
DATE OF REPORT:	3 February 2020
DECLARATION OF INTEREST:	Nil

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:	31 January 2020
DECLARATION OF INTEREST:	Nil